29 U.S.C. § 795 : US Code - Section 795: Projects With Industry

Search 29 U.S.C. § 795 : US Code - Section 795: Projects With Industry

(a) Purpose; award of grants; eligibility; agreements; evaluation;
technical assistance
(1) The purpose of this part is to create and expand job and
career opportunities for individuals with disabilities in the
competitive labor market by engaging the talent and leadership of
private industry as partners in the rehabilitation process, to
identify competitive job and career opportunities and the skills
needed to perform such jobs, to create practical job and career
readiness and training programs, and to provide job placements and
career advancement.
(2) The Commissioner, in consultation with the Secretary of Labor
and with designated State units, may award grants to individual
employers, community rehabilitation program providers, labor
unions, trade associations, Indian tribes, tribal organizations,
designated State units, and other entities to establish jointly
financed Projects With Industry to create and expand job and career
opportunities for individuals with disabilities, which projects
shall -
(A) provide for the establishment of business advisory
councils, that shall -
(i) be comprised of -
(I) representatives of private industry, business concerns,
and organized labor;
(II) individuals with disabilities and representatives of
individuals with disabilities; and
(III) a representative of the appropriate designated State
unit;
(ii) identify job and career availability within the
community, consistent with the current and projected local
employment opportunities identified by the local workforce
investment board for the community under section 2833(b)(1)(B)
of this title;
(iii) identify the skills necessary to perform the jobs and
careers identified; and
(iv) prescribe training programs designed to develop
appropriate job and career skills, or job placement programs
designed to identify and develop job placement and career
advancement opportunities, for individuals with disabilities in
fields related to the job and career availability identified
under clause (ii);
(B) provide job development, job placement, and career
advancement services;
(C) to the extent appropriate, provide for -
(i) training in realistic work settings in order to prepare
individuals with disabilities for employment and career
advancement in the competitive market; and
(ii) to the extent practicable, the modification of any
facilities or equipment of the employer involved that are used
primarily by individuals with disabilities, except that a
project shall not be required to provide for such modification
if the modification is required as a reasonable accommodation
under the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.); and
(D) provide individuals with disabilities with such support
services as may be required in order to maintain the employment
and career advancement for which the individuals have received
training under this part.
(3)(A) An individual shall be eligible for services described in
paragraph (2) if the individual is determined to be an individual
described in section 722(a)(1) of this title, and if the
determination is made in a manner consistent with section 722(a) of
this title.
(B) Such a determination may be made by the recipient of a grant
under this part, to the extent the determination is appropriate and
available and consistent with the requirements of section 722(a) of
this title.
(4) The Commissioner shall enter into an agreement with the grant
recipient regarding the establishment of the project. Any agreement
shall be jointly developed by the Commissioner, the grant
recipient, and, to the extent practicable, the appropriate
designated State unit and the individuals with disabilities (or the
individuals' representatives) involved. Such agreements shall
specify the terms of training and employment under the project,
provide for the payment by the Commissioner of part of the costs of
the project (in accordance with subsection (c) of this section),
and contain the items required under subsection (b) of this section
and such other provisions as the parties to the agreement consider
to be appropriate.
(5) Any agreement shall include a description of a plan to
annually conduct a review and evaluation of the operation of the
project in accordance with standards developed by the Commissioner
under subsection (d) of this section, and, in conducting the review
and evaluation, to collect data and information of the type
described in subparagraphs (A) through (C) of section 721(a)(10) of
this title, as determined to be appropriate by the Commissioner.
(6) The Commissioner may include, as part of agreements with
grant recipients, authority for such grant recipients to provide
technical assistance to -
(A) assist employers in hiring individuals with disabilities;
or
(B) improve or develop relationships between -
(i) grant recipients or prospective grant recipients; and
(ii) employers or organized labor; or
(C) assist employers in understanding and meeting the
requirements of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) as the Act relates to employment of
individuals with disabilities.
(b) Requirements for payment
No payment shall be made by the Commissioner under any agreement
with a grant recipient entered into under subsection (a) of this
section unless such agreement -
(1) provides an assurance that individuals with disabilities
placed under such agreement shall receive at least the applicable
minimum wage;
(2) provides an assurance that any individual with a disability
placed under this part shall be afforded terms and benefits of
employment equal to terms and benefits that are afforded to the
similarly situated nondisabled co-workers of the individual, and
that such individuals with disabilities shall not be segregated
from their co-workers; and
(3) provides an assurance that an annual evaluation report
containing information specified under subsection (a)(5) of this
section shall be submitted as determined to be appropriate by the
Commissioner.
(c) Amount of payments
Payments under this section with respect to any project may not
exceed 80 per centum of the costs of the project.
(d) Standards for evaluation; recommendations
(1) The Commissioner shall develop standards for the evaluation
described in subsection (a)(5) of this section and shall review and
revise the evaluation standards as necessary, subject to paragraph
(2).
(2) In revising the standards for evaluation to be used by the
grant recipients, the Commissioner shall obtain and consider
recommendations for such standards from State vocational
rehabilitation agencies, current and former grant recipients,
professional organizations representing business and industry,
organizations representing individuals with disabilities,
individuals served by grant recipients, organizations representing
community rehabilitation program providers, and labor
organizations.
(e) Period of grant; renewal; award on competitive basis; equitable
distribution
(1)(A) A grant may be awarded under this section for a period of
up to 5 years and such grant may be renewed.
(B) Grants under this section shall be awarded on a competitive
basis. To be eligible to receive such a grant, a prospective grant
recipient shall submit an application to the Commissioner at such
time, in such manner, and containing such information as the
Commissioner may require.
(2) The Commissioner shall, to the extent practicable, ensure an
equitable distribution of payments made under this section among
the States. To the extent funds are available, the Commissioner
shall award grants under this section to new projects that will
serve individuals with disabilities in States, portions of States,
Indian tribes, or tribal organizations, that are currently unserved
or underserved by projects.
(f) Indicators for compliance with evaluation standards; annual
reports; onsite compliance reviews; analysis included in reports
to Congress
(1) The Commissioner shall, as necessary, develop and publish in
the Federal Register, in final form, indicators of what constitutes
minimum compliance consistent with the evaluation standards under
subsection (d)(1) of this section.
(2) Each grant recipient shall report to the Commissioner at the
end of each project year the extent to which the grant recipient is
in compliance with the evaluation standards.
(3)(A) The Commissioner shall annually conduct onsite compliance
reviews of at least 15 percent of grant recipients. The
Commissioner shall select grant recipients for review on a random
basis.
(B) The Commissioner shall use the indicators in determining
compliance with the evaluation standards.
(C) The Commissioner shall ensure that at least one member of a
team conducting such a review shall be an individual who -
(i) is not an employee of the Federal Government; and
(ii) has experience or expertise in conducting projects.
(D) The Commissioner shall ensure that -
(i) a representative of the appropriate designated State unit
shall participate in the review; and
(ii) no person shall participate in the review of a grant
recipient if -
(I) the grant recipient provides any direct financial benefit
to the reviewer; or
(II) participation in the review would give the appearance of
a conflict of interest.
(4) In making a determination concerning any subsequent grant
under this section, the Commissioner shall consider the past
performance of the applicant, if applicable. The Commissioner shall
use compliance indicators developed under this subsection that are
consistent with program evaluation standards developed under
subsection (d) of this section to assess minimum project
performance for purposes of making continuation awards in the
third, fourth, and fifth years.
(5) Each fiscal year the Commissioner shall include in the annual
report to Congress required by section 710 of this title an
analysis of the extent to which grant recipients have complied with
the evaluation standards. The Commissioner may identify individual
grant recipients in the analysis. In addition, the Commissioner
shall report the results of onsite compliance reviews, identifying
individual grant recipients.
(g) Technical assistance to entities conducting or planning
projects
The Commissioner may provide, directly or by way of grant,
contract, or cooperative agreement, technical assistance to -
(1) entities conducting projects for the purpose of assisting
such entities in -
(A) the improvement of or the development of relationships
with private industry or labor; or
(B) the improvement of relationships with State vocational
rehabilitation agencies; and
(2) entities planning the development of new projects.
(h) Definitions
As used in this section:
(1) The term "agreement" means an agreement described in
subsection (a)(4) of this section.
(2) The term "project" means a Project With Industry
established under subsection (a)(2) of this section.
(3) The term "grant recipient" means a recipient of a grant
under subsection (a)(2) of this section.