Labor - 29 USC Section 720

01/19/04

Sec. 720. Declaration of policy; authorization of appropriations

(a) Findings; purpose; policy
(1) Findings
Congress finds that -
(A) work -
(i) is a valued activity, both for individuals and society;
and
(ii) fulfills the need of an individual to be productive,
promotes independence, enhances self-esteem, and allows for
participation in the mainstream of life in the United States;
(B) as a group, individuals with disabilities experience
staggering levels of unemployment and poverty;
(C) individuals with disabilities, including individuals with
the most significant disabilities, have demonstrated their
ability to achieve gainful employment in integrated settings if
appropriate services and supports are provided;
(D) reasons for significant numbers of individuals with
disabilities not working, or working at levels not commensurate
with their abilities and capabilities, include -
(i) discrimination;
(ii) lack of accessible and available transportation;
(iii) fear of losing health coverage under the medicare and
medicaid programs carried out under titles XVIII and XIX of
the Social Security Act (42 U.S.C. 1395 et seq. and 1396 et
seq.) or fear of losing private health insurance; and
(iv) lack of education, training, and supports to meet job
qualification standards necessary to secure, retain, regain,
or advance in employment;
(E) enforcement of subchapter V of this chapter and of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) holds the promise of ending discrimination for
individuals with disabilities;
(F) the provision of workforce investment activities and
vocational rehabilitation services can enable individuals with
disabilities, including individuals with the most significant
disabilities, to pursue meaningful careers by securing gainful
employment commensurate with their abilities and capabilities;
and
(G) linkages between the vocational rehabilitation programs
established under this subchapter and other components of the
statewide workforce investment systems are critical to ensure
effective and meaningful participation by individuals with
disabilities in workforce investment activities.
(2) Purpose
The purpose of this subchapter is to assist States in operating
statewide comprehensive, coordinated, effective, efficient, and
accountable programs of vocational rehabilitation, each of which
is -
(A) an integral part of a statewide workforce investment
system; and
(B) designed to assess, plan, develop, and provide vocational
rehabilitation services for individuals with disabilities,
consistent with their strengths, resources, priorities,
concerns, abilities, capabilities, interests, and informed
choice, so that such individuals may prepare for and engage in
gainful employment.
(3) Policy
It is the policy of the United States that such a program shall
be carried out in a manner consistent with the following
principles:
(A) Individuals with disabilities, including individuals with
the most significant disabilities, are generally presumed to be
capable of engaging in gainful employment and the provision of
individualized vocational rehabilitation services can improve
their ability to become gainfully employed.
(B) Individuals with disabilities must be provided the
opportunities to obtain gainful employment in integrated
settings.
(C) Individuals who are applicants for such programs or
eligible to participate in such programs must be active and
full partners in the vocational rehabilitation process, making
meaningful and informed choices -
(i) during assessments for determining eligibility and
vocational rehabilitation needs; and
(ii) in the selection of employment outcomes for the
individuals, services needed to achieve the outcomes,
entities providing such services, and the methods used to
secure such services.
(D) Families and other natural supports can play important
roles in the success of a vocational rehabilitation program, if
the individual with a disability involved requests, desires, or
needs such supports.
(E) Vocational rehabilitation counselors that are trained and
prepared in accordance with State policies and procedures as
described in section 721(a)(7)(B) of this title (referred to
individually in this subchapter as a "qualified vocational
rehabilitation counselor"), other qualified rehabilitation
personnel, and other qualified personnel facilitate the
accomplishment of the employment outcomes and objectives of an
individual.
(F) Individuals with disabilities and the individuals'
representatives are full partners in a vocational
rehabilitation program and must be involved on a regular basis
and in a meaningful manner with respect to policy development
and implementation.
(G) Accountability measures must facilitate the
accomplishment of the goals and objectives of the program,
including providing vocational rehabilitation services to,
among others, individuals with the most significant
disabilities.
(b) Authorization of appropriations
(1) In general
For the purpose of making grants to States under part B of this
subchapter to assist States in meeting the costs of vocational
rehabilitation services provided in accordance with State plans
under section 721 of this title, there are authorized to be
appropriated such sums as may be necessary for fiscal years 1999
through 2003, except that the amount to be appropriated for a
fiscal year shall not be less than the amount of the
appropriation under this paragraph for the immediately preceding
fiscal year, increased by the percentage change in the Consumer
Price Index determined under subsection (c) of this section for
the immediately preceding fiscal year.
(2) Reference
The reference in paragraph (1) to grants to States under part B
of this subchapter shall not be considered to refer to grants
under section 732 of this title.
(c) Consumer Price Index
(1) Percentage change
No later than November 15 of each fiscal year (beginning with
fiscal year 1979), the Secretary of Labor shall publish in the
Federal Register the percentage change in the Consumer Price
Index published for October of the preceding fiscal year and
October of the fiscal year in which such publication is made.
(2) Application
(A) Increase
If in any fiscal year the percentage change published under
paragraph (1) indicates an increase in the Consumer Price
Index, then the amount to be appropriated under subsection
(b)(1) of this section for the subsequent fiscal year shall be
at least the amount appropriated under subsection (b)(1) of
this section for the fiscal year in which the publication is
made under paragraph (1) increased by such percentage change.
(B) No increase or decrease
If in any fiscal year the percentage change published under
paragraph (1) does not indicate an increase in the Consumer
Price Index, then the amount to be appropriated under
subsection (b)(1) of this section for the subsequent fiscal
year shall be at least the amount appropriated under subsection
(b)(1) of this section for the fiscal year in which the
publication is made under paragraph (1).
(3) Definition
For purposes of this section, the term "Consumer Price Index"
means the Consumer Price Index for All Urban Consumers, published
monthly by the Bureau of Labor Statistics.
(d) Extension
(1) In general
(A) Authorization or duration of program
Unless the Congress in the regular session which ends prior
to the beginning of the terminal fiscal year -
(i) of the authorization of appropriations for the program
authorized by the State grant program under part B of this
subchapter; or
(ii) of the duration of the program authorized by the State
grant program under part B of this subchapter;
has passed legislation which would have the effect of extending
the authorization or duration (as the case may be) of such
program, such authorization or duration is automatically
extended for 1 additional year for the program authorized by
this subchapter.
(B) Calculation
The amount authorized to be appropriated for the additional
fiscal year described in subparagraph (A) shall be an amount
equal to the amount appropriated for such program for fiscal
year 2003, increased by the percentage change in the Consumer
Price Index determined under subsection (c) of this section for
the immediately preceding fiscal year, if the percentage change
indicates an increase.
(2) Construction
(A) Passage of legislation
For the purposes of paragraph (1)(A), Congress shall not be
deemed to have passed legislation unless such legislation
becomes law.
(B) Acts or determinations of Commissioner
In any case where the Commissioner is required under an
applicable statute to carry out certain acts or make certain
determinations which are necessary for the continuation of the
program authorized by this subchapter, if such acts or
determinations are required during the terminal year of such
program, such acts and determinations shall be required during
any fiscal year in which the extension described in that part
of paragraph (1) that follows clause (ii) of paragraph (1)(A)
is in effect.

PRIOR PROVISIONS
A prior section 720, Pub. L. 93-112, title I, Sec. 100, Sept. 26,
1973, 87 Stat. 363; Pub. L. 93-516, title I, Sec. 102(a), Dec. 7,
1974, 88 Stat. 1618; Pub. L. 93-651, title I, Sec. 102(a), Nov. 21,
1974, 89 Stat. 2-3; Pub. L. 94-230, Secs. 2(a), 11(b)(2), (3), Mar.
15, 1976, 90 Stat. 211, 213; Pub. L. 95-602, title I, Sec. 101(a),
(b), Nov. 6, 1978, 92 Stat. 2955; Pub. L. 98-221, title I, Sec.
111(a)-(d), Feb. 22, 1984, 98 Stat. 19; Pub. L. 99-506, title I,
Sec. 103(d)(2)(C), title II, Sec. 201, Oct. 21, 1986, 100 Stat.
1810, 1813; Pub. L. 100-630, title II, Sec. 202(a), Nov. 7, 1988,
102 Stat. 3304; Pub. L. 102-52, Sec. 2(a), (b)(1), June 6, 1991,
105 Stat. 260; Pub. L. 102-569, title I, Sec. 121(a), (b), Oct. 29,
1992, 106 Stat. 4365, 4367, related to congressional findings,
purpose, policy, authorization of appropriations, change in
Consumer Price Index, and extension of program, prior to the
general amendment of this subchapter by Pub. L. 105-220.

Last modified: April 16, 2006