Sec. 461. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES
2,541 words·~12 min read·
/statute-compilations/comps-11135/sec-461A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 461 EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES Title VI (29 U.S.C. 795 et seq.) is amended— ####
(1)**[**[29 U.S.C. 795](/us/usc/t29/s795) [29 U.S.C. 795g](/us/usc/t29/s795g) [29 U.S.C. 795g](/us/usc/t29/s795g)**]** by striking part A; ####
(2)by striking the part heading relating to part B; ####
(3)by redesignating sections 621 through 628 as sections 602 through 609, respectively; ####
(4)in section 602, as redesignated by paragraph (3)— #####
(A)by striking “part” and inserting “title”; and #####
(B)by striking “individuals with the most significant disabilities” and all that follows and inserting “individuals with the most significant disabilities, including youth with the most significant disabilities, to enable such individuals to achieve an employment outcome of supported employment in competitive integrated employment.”; ####
(5)**[**[29 U.S.C. 795h](/us/usc/t29/s795h)**]** in section 603, as redesignated by paragraph (3)— #####
(A)in subsection (a)— ######
(i)in paragraph (1)— ######
(I)in the matter preceding subparagraph (A), by striking “part” and inserting “title”; ######
(II)in subparagraph (A), by inserting “amount” after “whichever”; and ######
(III)in subparagraph (B)— ######
(aa)by striking “part for the fiscal year” and inserting “title for the fiscal year”; ######
(bb)by striking “this part in fiscal year 1992” and inserting “part B of this title (as in effect on September 30, 1992) in fiscal year 1992”; and ######
(cc)by inserting “amount” after “whichever”; and ######
(ii)in paragraph (2)(B), by striking “one-eighth of one percent” and inserting “⅛ of 1 percent”; #####
(B)in subsection (b)— ######
(i)by inserting “under subsection (a)” after “allotment to a State”; ######
(ii)by striking “part” each place the term appears and inserting “title”; and ######
(iii)by striking “one or more” and inserting “1 or more”; and #####
(C)by adding at the end the following: > > ### “(c) Limitations on Administrative Costs > > A State that receives an allotment under this title shall not use more than 2.5 percent of such allotment to pay for administrative costs. > > > ### “(d) Services for Youth With the Most Significant Disabilities > > A State that receives an allotment under this title shall reserve and expend half of such allotment for the provision of supported employment services, including extended services, to youth with the most significant disabilities in order to assist those youth in achieving an employment outcome in supported employment.” > ; ####
(6)by striking section 604, as redesignated by paragraph (3), and inserting the following: > > ## “SEC. 604 AVAILABILITY OF SERVICES > > **[**[29 U.S.C. 795i](/us/usc/t29/s795i)**]** > > > ### “(a) Supported employment services > > Funds provided under this title may be used to provide supported employment services to individuals who are eligible under this title. > > > ### “(b) Extended Services > > > #### “(1) In general > > Except as provided in paragraph (2), funds provided under this title, or title I, may not be used to provide extended services to individuals under this title or title I. > > > #### “(2) Extended services for youth with the most significant disabilities > > Funds allotted under this title, or title I, and used for the provision of services under this title to youth with the most significant disabilities pursuant to section 603(d), may be used to provide extended services to youth with the most significant disabilities. Such extended services shall be available for a period not to exceed 4 years.” > ; ####
(7)**[**[29 U.S.C. 795j](/us/usc/t29/s795j)**]** in section 605, as redesignated by paragraph (3)— #####
(A)in the matter preceding paragraph (1)— ######
(i)by inserting “, including a youth with a disability,” after “An individual”; and ######
(ii)by striking “this part” and inserting “this title”; #####
(B)in paragraph (1), by inserting “under title I” after “rehabilitation services”; #####
(C)in paragraph (2), by striking “and” after the semicolon; #####
(D)by redesignating paragraph
(3)as paragraph (4); #####
(E)by inserting after paragraph
(2)the following: > > #### “(3) > > for purposes of activities carried out with funds described in section 603(d), the individual is a youth with a disability, as defined in section (7)(42); and” > ; and #####
(F)in paragraph (4), as redesignated by subparagraph (D), by striking “assessment of rehabilitation needs” and inserting “assessment of the rehabilitation needs”; ####
(8)**[**[29 U.S.C. 795k](/us/usc/t29/s795k)**]** in section 606, as redesignated by paragraph (3)— #####
(A)in subsection (a)— ######
(i)by striking “this part” and inserting “this title”; and ######
(ii)by inserting “, including youth with the most significant disabilities,” after “individuals”; #####
(B)in subsection (b)— ######
(i)in paragraph (1), by striking “this part” and inserting “this title”; ######
(ii)in paragraph (2), by inserting “, including youth,” after “rehabilitation needs of individuals”; ######
(iii)in paragraph (3)— ######
(I)by inserting “, including youth with the most significant disabilities,” after “provided to individuals”; and ######
(II)by striking “section 622” and inserting “section 603”; ######
(iv)by striking paragraph (7); ######
(v)by redesignating paragraph
(6)as paragraph (7); ######
(vi)by inserting after paragraph
(5)the following: > > #### “(6) > > describe the activities to be conducted pursuant to section 603(d) for youth with the most significant disabilities, including— > > > ##### “(A) > > the provision of extended services for a period not to exceed 4 years; and > > > ##### “(B) > > how the State will use the funds reserved in section 603(d) to leverage other public and private funds to increase resources for extended services and expand supported employment opportunities for youth with the most significant disabilities;” > ; ######
(vii)in paragraph (7), as redesignated by clause (v)— ######
(I)in subparagraph (A), by striking “under this part” both places the term appears and inserting “under this title”; ######
(II)in subparagraph (B), by inserting “, including youth with the most significant disabilities,” after “significant disabilities”; ######
(III)in subparagraph (C)— ######
(aa)in clause (i), by inserting “, including, as appropriate, for youth with the most significant disabilities, transition services and pre-employment transition services” after “services to be provided”; ######
(bb)in clause (ii), by inserting “, including the extended services that may be provided to youth with the most significant disabilities under this title, in accordance with an approved individualized plan for employment, for a period not to exceed 4 years” after “services needed”; and ######
(cc)in clause (iii)— ######
(AA)by striking “identify the source of extended services,” and inserting “identify, as appropriate, the source of extended services,”; ######
(BB)by striking “or to the extent” and inserting “or indicate”; and ######
(CC)by striking “employment is developed” and all that follows and inserting “employment is developed;” ######
(IV)in subparagraph (D), by striking “under this part” and inserting “under this title”; ######
(V)in subparagraph (F), by striking “and” after the semicolon; ######
(VI)in subparagraph (G), by striking “for the maximum number of hours possible”; and ######
(VII)by adding at the end the following: > > ##### “(H) > > the State agencies designated under paragraph
(1)will expend not more than 2.5 percent of the allotment of the State under this title for administrative costs of carrying out this title; and > > > ##### “(I) > > with respect to supported employment services provided to youth with the most significant disabilities pursuant to section 603(d), the designated State agency will provide, directly or indirectly through public or private entities, non-Federal contributions in an amount that is not less than 10 percent of the costs of carrying out such services; and” > ; ####
(9)by striking section 607, as redesignated by paragraph (3), and inserting the following: > > ## “SEC. 607 RESTRICTION > > **[**[29 U.S.C. 795l](/us/usc/t29/s795l)**]** > > “Each State agency designated under section 606(b)(1) shall collect the information required by section 101(a)(10) separately for— > > > #### “(1) > > eligible individuals receiving supported employment services under this title; > > > #### “(2) > > eligible individuals receiving supported employment services under title I; > > > #### “(3) > > eligible youth receiving supported employment services under this title; and > > > #### “(4) > > eligible youth receiving supported employment services under title I.” > ; ####
(10)**[**[29 U.S.C. 795m](/us/usc/t29/s795m)**]** in section 608(b), as redesignated by paragraph (3), by striking “this part” both places the terms appears and inserting “this title”; and ####
(11)**[**[29 U.S.C. 795n](/us/usc/t29/s795n)**]** by striking section 609, as redesignated by paragraph (3), and inserting the following: > > ## “SEC. 609 ADVISORY COMMITTEE ON INCREASING COMPETITIVE INTEGRATED EMPLOYMENT FOR INDIVIDUALS WITH DISABILITIES > > > ### “(a) Establishment > > Not later than 60 days after the date of enactment of the Workforce Innovation and Opportunity Act, the Secretary of Labor shall establish an Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (referred to in this section as the ‘Committee’). > > > ### “(b) Appointment and Vacancies > > > #### “(1) Appointment > > The Secretary of Labor shall appoint the members of the Committee described in subsection (c)(6), in accordance with subsection (c). > > > #### “(2) Vacancies > > Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner, in accordance with the same paragraph of subsection (c), as the original appointment or designation was made. > > > ### “(c) Composition > > The Committee shall be composed of— > > > #### “(1) > > the Assistant Secretary for Disability Employment Policy, the Assistant Secretary for Employment and Training, and the Administrator of the Wage and Hour Division, of the Department of Labor; > > > #### “(2) > > the Commissioner of the Administration on Intellectual and Developmental Disabilities, or the Commissioner’s designee; > > > #### “(3) > > the Director of the Centers for Medicare & Medicaid Services of the Department of Health and Human Services, or the Director’s designee; > > > #### “(4) > > the Commissioner of Social Security, or the Commissioner’s designee; > > > #### “(5) > > the Commissioner of the Rehabilitation Services Administration, or the Commissioner’s designee; and > > > #### “(6) > > representatives from constituencies consisting of— > > > ##### “(A) > > self-advocates for individuals with intellectual or developmental disabilities; > > > ##### “(B) > > providers of employment services, including those that employ individuals with intellectual or developmental disabilities in competitive integrated employment; > > > ##### “(C) > > representatives of national disability advocacy organizations for adults with intellectual or developmental disabilities; > > > ##### “(D) > > experts with a background in academia or research and expertise in employment and wage policy issues for individuals with intellectual or developmental disabilities; > > > ##### “(E) > > representatives from the employer community or national employer organizations; and > > > ##### “(F) > > other individuals or representatives of organizations with expertise on increasing opportunities for competitive integrated employment for individuals with disabilities. > > > ### “(d) Chairperson > > The Committee shall elect a Chairperson of the Committee from among the appointed members of the Committee. > > > ### “(e) Meetings > > The Committee shall meet at the call of the Chairperson, but not less than 8 times. > > > ### “(f) Duties > > The Committee shall study, and prepare findings, conclusions, and recommendations for the Secretary of Labor on— > > > #### “(1) > > ways to increase the employment opportunities for individuals with intellectual or developmental disabilities or other individuals with significant disabilities in competitive integrated employment; > > > #### “(2) > > the use of the certificate program carried out under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) for the employment of individuals with intellectual or developmental disabilities, or other individuals with significant disabilities; and > > > #### “(3) > > ways to improve oversight of the use of such certificates. > > > ### “(g) Committee Personnel Matters > > > #### “(1) Travel expenses > > The members of the Committee shall not receive compensation for the performance of services for the Committee, but shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Committee. > > > #### “(2) Staff > > The Secretary of Labor may designate such personnel as may be necessary to enable the Committee to perform its duties. > > > #### “(3) Detail of government employees > > Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. > > > #### “(4) Facilities, equipment, and services > > The Secretary of Labor shall make available to the Committee, under such arrangements as may be appropriate, necessary equipment, supplies, and services. > > > ### “(h) Reports > > > #### “(1) Interim and final reports > > The Committee shall prepare and submit to the Secretary of Labor, as well as the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives— > > > ##### “(A) > > an interim report that summarizes the progress of the Committee, along with any interim findings, conclusions, and recommendations as described in subsection (f); and > > > ##### “(B) > > a final report that states final findings, conclusions, and recommendations as described in subsection (f). > > > #### “(2) Preparation and submission > > The reports shall be prepared and submitted— > > > ##### “(A) > > in the case of the interim report, not later than 1 year after the date on which the Committee is established under subsection (a); and > > > ##### “(B) > > in the case of the final report, not later than 2 years after the date on which the Committee is established under subsection (a). > > > ### “(i) Termination > > The Committee shall terminate on the day after the date on which the Committee submits the final report. > > > ## “SEC. 610 AUTHORIZATION OF APPROPRIATIONS > > **[**[29 U.S.C. 795o](/us/usc/t29/s795o)**]** > > “There is authorized to be appropriated to carry out this title $27,548,000 for fiscal year 2015, $29,676,000 for fiscal year 2016, $30,292,000 for fiscal year 2017, $30,963,000 for fiscal year 2018, $31,691,000 for fiscal year 2019, and $32,363,000 for fiscal year 2020.” > . ## Subtitle H Independent Living Services and Centers for Independent Living ## CHAPTER 1 INDIVIDUALS WITH SIGNIFICANT DISABILITIES ### Subchapter A General Provisions
Connectionstraces to 10
Traces to 10 documents
U.S. Code
- Purpose§ 795g
- Allotments§ 795h
- Availability of services§ 795i
- Eligibility§ 795j
- State plan§ 795k
- Restriction§ 795l
- Savings provision§ 795m
- Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities§ 795n
- Employment under special certificates§ 214
- Authorization of appropriations§ 795o
1 reference not yet in our index
- 29 USC 795
Citation graph
cites case law
Sec. 461
EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES
Cite29 USC 795
Cites 11 · showing 10Cited by 0 across 0 sources