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REHABILITATION ACT AMENDMENTS OF 1986
TITLE IV--NATIONAL COUNCIL ON THE HANDICAPPED
ESTABLISHMENT OF NATIONAL COUNCIL ON THE HANDICAPPED
Sec. 400. (a) (1) There is established within the Federal Government a
National Council on the Handicapped (hereinafter in this title referred to
as the "National Council"), which shall be composed of fifteen members
appointed by the President, by and with the advice and consent of the
Senate. The members of the National Council shall be appointed so as to
be representative of handicapped individuals, national organizations
concerned with the handicapped, providers and administrators of services
to the handicapped, individuals engaged in conducting medical or
scientific research relating to handicapped individuals, business
concerns, and labor organizations. At least five members of the National
Council shall be handicapped individuals, or parents or guardians of
handicapped individuals.
** (2) The purpose of the National Council is to promote the full
integration, independence, and productivity of handicapped individuals in
the life. community, schools, the workplace and all other aspects of American
(b) (1) Members of the National Council shall be appointed to serve
for terms of three years, except that of the members first appointed--
(A) five shall serve for terms of one year,
(B) five shall serve for terms of two years, and
(C) five shall serve for terms of three_years,
as designated by the President at the time of appointment.
(2) Members may be reappointed and may serve after the expiration of
their terms until successors have taken office.
(3) Any member appointed to fill a vacancy occurring before the
expiration of the term for which his predecessor was appointed shall be
appointed only for the remainder of such term.
(c) The President shall designate the Chairman from among the members
appointed to the National Council. The National Council shall meet at the
call of the Chairman, but not less often than four times each year.
(d) Eight members of the National Council shall constitute a quorum
and function. any vacancy in the National Council shall not affect its power to
DUTIES OF THE NATIONAL COUNCIL
SEC. 401. (a) The National Council shall--
(1) establish general policies for, and review the operation of, the
National Institute of Handicapped Research;
(2) provide advice to the Commissioner with respect to the policies of
and conduct of the Rehabilitation Services Administration;
- 2 -
(3) advise the President, the Congress, the Commissioner, the
appropriate Assistant Secretary of the Department of Education, and the
Director of the National Institute of Handicapped Research on the
development of the programs to be carried out under this Act;
** (4) review and evaluate on a continuing basis--
(A) all policies, programs, and activities concerning
handicapped individuals and persons with disabilities conducted
or assisted by Federal departments and agencies, including
programs established or assisted under this Act or under the
Developmental Disabilities Assistance and Bill of Rights Act; and
(B) all statutes pertaining to Federal programs which
assisted such handicapped individuals and persons with
disabilities;
in order to assess the effectiveness of such policies, programs,
activities, and statutes in meeting the needs of handicapped
individuals and persons with disabilities;
** (5) assess the extent to which such policies, programs, and activities
provide incentives or disincentives to the establishment of
community-based services for handicapped individuals, promote the full
integration of such individuals in the community, in schools, and in the
workplace, and contribute to the independence and dignity of such
individuals;
(6) make recommendations to the President, the Congress, the
Secretary, and the Director of the National Institute of Handicapped
Research respecting ways to improve research concerning handicapped
individuals, the administration of services for handicapped individuals,
and the methods of collecting and disseminating the findings of such
research, and make recommendations for facilitating the implementation of
programs based upon such findings;
(7) submit not later than March 31 of each year (beginning in 1980) an
annual report to the Congress and the President, containing (A) a
statement of the current status of research concerning the handicapped in
the United States, (B) a review of the activities of the Rehabilitation
Services Administration and the National Institute of Handicapped
Research, and (C) such recommendations respecting the items described in
clauses (A) and (B) as the National Council considers appropriate; and
** (8) provide to the Congress on a continuing basis advice,
recommendations, legislative proposals and any additional information
which the Council or the Congress deems appropriate.
** (b) (1) Not later than January 30, 1988, and annually thereafter, the
National Council shall issue a report to the President and the Congress on
the progress that has been made in implementing the recommendations
contained in the Council's January 30, 1986, report Toward Independence.
- 3 -
** (2) The reports issued pursuant to paragraph (1) shall present, as
appropriate, available data on health, housing, employment, insurance,
transportation, recreation, and education, and shall include appropriate
information on the current status and trends in the status of individuals
with disabilities.
-
COMPENSATION OF NATIONAL COUNCIL MEMBERS
SEC. 402. (a) Members of the National Council shall be entitled to
receive compensation at a rate equal to the rate of basic pay payable for
grade GS-18 of the General Schedule under section 5332 of title 5, United
States Code, including traveltime, for each day they are engaged in the
performance of their duties as members of the National Council.
(b) Members of the National Council who are full-time officers or
employees of the United States shall receive no additional pay on account
of their service on the National Council except for compensation for
travel expenses as provided under subsection (c) of this section.
(c) While away from their homes or regular places of business in the
performance of services for the National Council, members of the National
Council shall be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703 of title 5,
United States Code.
STAFF OF NATIONAL COUNCIL
SEC. 403. (a) (1) The National Council may appoint, without regard to
the provisions of title 5, United States Code, governing appointments in
the competitive service, or the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification and General
Schedule pay rates, an Executive Director to assist the National Council
to carry out its duties. The Executive Director shall be appointed from
among individuals who are experienced in the planning or operation of
programs for handicapped individuals.
(2) The Executive Director is authorized to hire not to exceed seven
technical and professional employees to assist the National Council to
carry out its duties.
(b) (1) The National Council may procure temporary and intermittent
services to the same extent as is authorized by section 3109 (b) of title
5, United States Code (but at rates for individuals not to exceed the
daily equivalent of the annual rate of basic pay payable for grades GS-18
of the General Schedule under section 5332 of title 5, Unites States
Code).
(2) The National Council may--
(A) accept voluntary and uncompensated services, notwithstanding
the provisions of section 1342 of title 31, United States Code;
(B) accept, in the name of the Council, employ and dispose of in
furtherance of this Act, any money, or property, real or personal, or
mixed, tangible or nontangible, received by gift, devise, bequest, or
otherwise; and
- 4 -
(C) enter into contracts and cooperative agreements with Federal
and State agencies, private firms, institutions, and individuals for
the conduct of research and surveys, preparation of reports and other
activities necessary to the discharge of the Council's duties and
responsibilities.
(3) Not more than 10 per centum of the total amounts available to the
National Council in each fiscal year may be used for official
representation and reception.
(c) The Administrator of General Services shall provide to the
National Council on a reimbursable basis such administrative support
services as the Council may request.
ADMINISTRATIVE POWERS OF NATIONAL COUNCIL
SEC. 404. (a) The National Council may prescribe such bylaws and rules
as may be necessary to carry out its duties under this title.
(b) The National Council may hold such hearings, sit and act at such
times and places, take such testimony, and receive such evidence as it
deems advisable.
(c) The National Council may appoint advisory committees to assist the
National Council in carrying out its duties. The members thereof shall
serve without compensation.
(d) The National Council may use the United States mails in the same
manner and upon the same conditions as other departments and agencies of
the United States.
AUTHORIZATION OF APPROPRIATIONS
** SEC. 405. There are authorized to be appropriated to carry out this
title such sums as may be necessary for each of the fiscal years 1987,
1988, 1989, 1990, and 1991.
99th Congress
1st Session
}
COMMITTEE PRINT
{
S. PRT.
99-36
A COMPILATION OF FEDERAL LAWS FOR
DISABLED CHILDREN, YOUTH, AND ADULTS
PREPARED BY THE
SUBCOMMITTEE ON THE HANDICAPPED
OF THE
COMMITTEE ON
LABOR AND HUMAN RESOURCES
UNITED STATES SENATE
MARCH 1985
Printed for the use of the
Committee on Labor and Human Resources
99th Congress
1st Session
}
COMMITTEE PRINT
{
S. PRT.
99-36
A COMPILATION OF FEDERAL LAWS FOR
DISABLED CHILDREN, YOUTH, AND ADULTS
PREPARED BY THE
SUBCOMMITTEE ON THE HANDICAPPED
OF THE
COMMITTEE ON
LABOR AND HUMAN RESOURCES
UNITED STATES SENATE
MARCH 1985
Printed for the use of the
Committee on Labor and Human Resources
U.S. GOVERNMENT PRINTING OFFICE
45-277 o
WASHINGTON : 1985
COMMITTEE ON LABOR AND HUMAN RESOURCES
ORRIN G. HATCH, Utah, Chairman
ROBERT T. STAFFORD, Vermont
EDWARD M. KENNEDY, Massachusetts
DAN QUAYLE, Indiana
CLAIBORNE PELL, Rhode Island
DON NICKLES, Oklahoma
HOWARD M. METZENBAUM, Ohio
PAULA HAWKINS, Florida
SPARK M. MATSUNAGA, Hawaii
STROM THURMOND, South Carolina
CHRISTOPHER J. DODD, Connecticut
LOWELL P. WEICKER, JR., Connecticut
PAUL SIMON, Illinois
MALCOLM WALLOP, Wyoming
JOHN F. KERRY, Massachusetts
CHARLES E. GRASSLEY, Iowa
RONALD F. DOCKSAI, Staff Director
KATHRYN O'L. HIGGINS, Minority Staff Director
SUBCOMMITTEE ON THE HANDICAPPED
LOWELL P. WEICKER, JR., Connecticut, Chairman
ROBERT T. STAFFORD, Vermont
JOHN F. KERRY, Massachusetts
DON NICKLES, Oklahoma
PAUL SIMON, Illinois
STROM THURMOND, South Carolina
EDWARD M. KENNEDY, Massachusetts
ORRIN G. HATCH, Utah
(Ex Officio)
JANE WEST, Professional Staff Member
SALLY YOZELL, Minority Professional Staff Member
(II)
FOREWORD
This volume is an important contribution to further citizens' un-
derstanding of our committee's work to legislatively assist disabled
Americans. Included in this compilation of Federal laws are the
Education of the Handicapped Act, as amended in the 98th Con-
gress by Public Law 98-199; the Rehabilitation Act of 1973, as
amended in the 98th Congress by Public Law 98-221; and the De-
velopmental Disabilities Act of 1984 (Public Law 98-527).
This compilation was requested by Senator Lowell Weicker, Jr.,
Chairman of the Subcommittee on the Handicapped, for the use of
members of the Subcommittee, the full Committee, their staffs, and
all citizens who are concerned about Federal laws affecting the dis-
abled citizens of our Nation.
Sincerely,
ORRIN G. HATCH,
Chairman, Committee on Labor
and Human Resources.
(III)
LETTER OF REQUEST
MARCH 14, 1985.
Senator ORRIN G. HATCH,
Chairman, Committee on Labor and Human Resources, Dirksen
Senate Office Building, Washington, DC.
DEAR SENATOR HATCH: I would like to request the printing of a
compilation of three recently reauthorized Federal laws which pro-
vide services to the disabled citizens of our Nation: The Education
of the Handicapped Act (amended by the 98th Congress through
Public Law 98-199); the Rehabilitation Act of 1973 (amended by the
98th Congress through Public Law 98-221); and the Developmental
Disabilities Act of 1984 (Public Law 98-527).
This compilation will be useful to members of the Committee,
their staffs, and to all citizens who are concerned about Federal
laws which impact disabled citizens.
Sincerely,
LOWELL WEICKER, Jr., Chairman,
Subcommittee on the Handicapped.
(V)
CONTENTS
PART I
Education of the Handicapped Act (as amended by Public Law 98-199):
Page
Part A-General provisions
1
Part B-Assistance for education of all handicapped children
8
Part C-Centers and services to meet special needs of the handicapped
28
Part D-Training personnel for the education of the handicapped
35
Part E-Research in the education of the handicapped
38
Part F-Instructional media for the handicapped
40
PART II
Rehabilitation Act of 1975 (as amended by Public Law 98-221):
Table of contents
43
Title I-Vocational rehabilitation services
53
Title II-Research and training
72
Title III-Supplementary services and facilities
80
Title IV-National council on the handicapped
93
Title V-Miscellaneous
97
Title VI-Employment opportunities for handicapped individuals
106
Title VII-Comprehensive services for independent living
113
Helen Keller National Center Act
121
PART III
Developmental Disabilities Act of 1984 (Public Law 98-527):
Part A-General provisions
125
Part B-Federal assistance for planning and service activities for persons
with developmental disabilities
133
Part C-Protection and advocacy of individual rights
142
Part D-University affiliated facilities
144
Part E-Special project grants
146
(VII)
PART I-EDUCATION OF THE HANDICAPPED ACT¹
(As Amended by Public Law 98-199)
PART A-GENERAL PROVISIONS
SHORT TITLE; STATEMENT OF FINDINGS AND PURPOSE
SEC. 601. (a) This title may be cited as the "Education of the
Handicapped Act".
(b) The Congress finds that-
(1) there are more than eight million handicapped children
in the United States today;
(2) the special educational needs of such children are not
being fully met;
(3) more than half of the handicapped children in the United
States do not receive appropriate educational services which
would enable them to have full equality of opportunity;
(4) one million of the handicapped children in the United
States are excluded entirely from the public school system and
will not go through the educational process with their peers;
(5) there are many handicapped children throughout the
United States participating in regular school programs whose
handicaps prevent them from having a successful educational
experience because their handicaps are undetected;
(6) because of the lack of adequate services within the public
school system, families are often forced to find services outside
the public school system, often at great distance from their res-
idence and at their own expense;
(7) developments in the training of teachers and in diagnos-
tic and instructional procedures and methods have advanced to
the point that, given appropriate funding, State and local edu-
cational agencies can and will provide effective special educa-
tion and related services to meet the needs of handicapped
children;
(8) State and local educational agencies have a responsibility
to provide education for all handicapped children, but present
financial resources are inadequate to meet the special educa-
tional needs of handicapped children; and
(9) it is in the national interest that the Federal Government
assist State and local efforts to provide programs to meet the
educational needs of handicapped children in order to assure
equal protection of the law.
1 Public Law 89-750 amended the Elementary and Secondary Education Act of 1965 by adding
a new title VI; effective July 1, 1971, this Act (P.L. 91-230) replaced title VI. Also as of July 1,
1971, the Education of the Handicapped Act superseded the following: P.L. 90-538, Handicapped
Children's Early Education Assistance Act; P.L. 85-926, Grants for Teaching in the Education of
Handicapped Children; P.L. 88-164, titles III and V of the Mental Retardation Facilities and
Community Mental Centers Construction Act of 1963; and P.L. 85-905, Instructional Media for
Handicapped Children.
(1)
2
(c) It is the purpose of this Act to assure that all handicapped
children have available to them, within the time periods specified
in section 612(2)(B), a free appropriate public education which em-
phasizes special education and. related services designed to meet
their unique needs, to assure that the rights of handicapped chil-
dren and their parents or guardians are protected, to assist States
and localities to provide for the education of all handicapped chil-
dren, and to assess and assure the effectiveness of efforts to edu-
cate handicapped children.
(20 U.S.C. 1401) Enacted November 29, 1975 P.L. 94-142, sec. 3, 89 Stat. 774, 775.
DEFINITIONS
SEC. 602. (a) As used in this title-
(1) The term "handicapped children" means mentally retarded,
hard of hearing, deaf, speech or language impaired, visually handi-
capped, seriously emotionally disturbed, orthopedically impaired,
or other health impaired children or children with specific learning
disabilities who by reason thereof require special education and re-
lated services.
(2) 1
(3) The term "Advisory Committee" means the National Adviso-
ry Committee on the Education of Handicapped Children.
(4) The term "construction", except where otherwise specified,
means (A) erection of new or expansion of existing structures, and
the acquisition and installation of equipment therefor; or (B) acqui-
sition of existing structures not owned by any agency or institution
making application for assistance under this title; or (C) remodel-
ing or alteration (including the acquisition, installation, moderniza-
tion, or replacement of equipment) of existing structures; or (D) ac-
quisition of land in connection with the activities in clauses (A), (B),
and (C); or (E) a combination of any two or more of the foregoing.
(5) The term "equipment" includes machinery, utilities, and
built-in equipment and any necessary enclosures or structures to
house them, and includes all other items necessary for the func-
tioning of a particular facility as a facility for the provision of edu-
cational services, including items such as instructional equipment
and necessary furniture, printed, published, and audio-visual in-
structional materials, telecommunications, sensory, and other tech-
nological aids and devices, and books, periodicals, documents, and
other related materials.
(6) The term "State" means any of the several States, the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, the Virgin Is-
lands, Guam, American Samoa, the Northern Mariana Islands, or
the Trust Territory of the Pacific Islands.
(7) The term "State educational agency" means the State board
of education or other agency or officer primarily responsible for the
State supervision of public elementary and secondary schools, or, if
there is no such officer or agency, an officer or agency designated
by the Governor or by State law.
(8) The term "local educational agency" means a public board of
education or other public authority legally constituted within a
¹P.L. 98-199, sec. 2(2), repealed this paragraph which defined the term "Commissioner". That
law further amended this Act by replacing all references to "Commissioner" or "Commission-
er's" with "Secretary" or "Secretary's", respectively. (97 Stat. 1358)
3
State for either administrative control or direction of, or to per-
form a service function for public elementary or secondary schools
in a city, county, township, school district, or other political subdi-
vision of a State, or such combination of school districts or counties
as are recognized in a State as an administrative agency for its
public elementary or secondary schools. Such term also includes
any other public institution or agency having administrative con-
trol and direction of a public elementary or secondary school.
(9) The term "elementary school" means a day or residential
school which provides elementary education, as determined under
State law.
(10) The term "secondary school" means a day or residential
school which provides secondary education, as determined under
State law, except that it does not include any education provided
beyond grade 12.
(11) The term "institution of higher education" means an educa-
tional institution in any State which—
(A) admits as regular students only individuals having a cer-
tificate of graduation from a high school, or the recognized
equivalent of such a certificate;
(B) is legally authorized within such State to provide a pro-
gram of education beyond high school;
(C) provides an educational program for which it awards a
bachelor's degree, or provides not less than a two-year program
which is acceptable for full credit toward such a degree, or
offers a two-year program in engineering, mathematics, or the
physical or biological sciences which is designed to prepare the
student to work as a technician and at a semiprofessional level
in engineering, scientific, or other technological fields which
require the understanding and application of basic engineer-
ing, scientific, or mathematical principles or knowledge;
(D) is a public or other nonprofit institution; and
(E) is accredited by a nationally recognized accrediting
agency or association listed by the Secretary pursuant to this
paragraph or, if not so accredited, is an institution whose cred-
its are accepted, on transfer, by not less than three institutions
which are so accredited, for credit on the same basis as if
transferred from an institution so accredited: Provided, howev-
er, That in the case of an institution offering a two-year pro-
gram in engineering, mathematics, or the physical or biological
sciences which is designed to prepare the student to work as a
technician and at a semiprofessional level in engineering, sci-
entific, or technological fields which require the understanding
and application of basic engineering, scientific, or mathemati-
cal principles or knowledge, if the Secretary determines that
there is no nationally recognized accrediting agency or associa-
tion qualified to accredit such institutions, he shall appoint an
advisory committee, composed of persons specially qualified to
evaluate training provided by such institutions, which shall
prescribe the standards of content, scope, and quality which
must be met in order to qualify such institutions to participate
under this Act and shall also determine whether particular in-
stitutions meet such standards. For the purposes of this para-
graph the Secretary shall publish a list of nationally recog-
nized accrediting agencies or associations which he determines
4
to be reliable authority as to the quality of education or train-
ing offered.
(12) The term "nonprofit" as applied to a school, agency, organi-
zation, or institution means a school, agency, organization, or insti-
tution owned and operated by one or more nonprofit corporations
or associations no part of the net earnings of which inures, or may
lawfully inure, to the benefit of any private shareholder or individ-
ual.
(13) The term "research and related purposes" means research,
research training (including the payment of stipends and allow-
ances), surveys, or demonstrations in the field of education of
handicapped children, or the dissemination of information derived
therefrom, including (but without limitation) experimental schools.
(14) The term "Secretary" means the Secretary of Education.
(15) The term "children with specific learning disabilities" means
those children who have a disorder in one or more of the basic psy-
chological processes involved in understanding or in using lan-
guage, spoken or written, which disorder may manifest itself in im-
perfect ability to listen, think, speak, read, write, spell, or do math-
ematical calculations. Such disorders include such conditions as
perceptual handicaps, brain injury, minimal brain disfunction, dys-
lexia, and developmental aphasia. Such term does not include chil-
dren who have learning problems which are primarily the result of
visual, hearing, or motor handicaps, of mental retardation, of emo-
tional disturbance, or of environmental, cultural, or economic dis-
advantage.
(16) The term "special education" means specially designed in-
struction, at no cost to parents or guardians, to meet the unique
needs of a handicapped child, including classroom instruction, in-
struction in physical education, home instruction, and instruction
in hospitals and institutions.
(17) The term "related services" means transportation, and such
developmental, corrective, and other supportive services (including
speech pathology and audiology, psychological services, physical
and occupational therapy, recreation, and medical and counseling
services, except that such medical services shall be for diagnostic
and evaluation purposes only) as may be required to assist a handi-
capped child to benefit from special education, and includes the
early identification and assessment of handicapping conditions in
children.
(18) The term "free appropriate public education" means special
education and related services which (A) have been provided at
public expense, under public supervision and direction, and without
charge, (B) meet the standards of the State educational agency, (C)
include an appropriate preschool, elementary, or secondary school
education in the State involved, and (D) are provided in conformity
with the individualized education program required under section
614(a)(5).
(19) The term "individualized education program" means a writ-
ten statement for each handicapped child developed in any meeting
by a representative of the local educational agency or an interme-
diate educational unit who shall be qualified to provide, or super-
vise the provision of, specially designed instruction to meet the
unique needs of handicapped children, the teacher, the parents or
guardian of such child, and, whenever appropriate, such child,
5
which statement shall include (A) a statement of the present levels
of educational performance of such child, (B) a statement of annual
goals, including short-term instructional objectives, (C) a statement
of the specific educational services to be provided to such child, and
the extent to which such child will be able to participate in regular
educational programs, (D) the projected date for initiation and an-
ticipated duration of such services, and (E) appropriate objective
criteria and evaluation procedures and schedules for determining,
on at least an annual basis, whether instructional objectives are
being achieved.
(20) The term "excess costs" means those costs which are in
excess of the average annual per student expenditure in a local
educational agency during the preceding school year for an elemen-
tary or secondary school student, as may be appropriate, and which
shall be computed after deducting (A) amounts received under this
part or under title I or title VII of the Elementary and Secondary
Education Act of 1965, and (B) any State or local funds expended
for programs which would qualify for assistance under this part or
under such titles.
(21) The term "native language" has the meaning given that
term by section 703(a)(2) of the Bilingual Education Act (20 U.S.C.
880b-1(a)(2)).
(22) The term "intermediate educational unit" means any public
authority, other than a local educational agency, which is under
the general supervision of a State educational agency, which is es-
tablished by State law for the purpose of providing free public edu-
cation on a regional basis, and which provides special education
and related services to handicapped children within that State.
(b) For purposes of part C of this title, "handicapped youth"
means any handicapped child (as defined in section 602(a)(1)) who-
(1) is twelve years of age or older; or
(2) is enrolled in the seventh or higher grade in school.
(20 U.S.C. 1401) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 602, 84 Stat.
175, amended November 29, 1975, P.L. 94-142, sec. 4(a), 89 Stat. 775, 776; amended
December 2, 1983, P.L. 98-199, sec. 2, 97 Stat. 1357.
OFFICE OF SPECIAL EDUCATION PROGRAMS
SEC. 603. (a) There shall be, within the Office of Special Educa-
tion and Rehabilitative Services in the Department of Education,
an Office of Special Education Programs which shall be the princi-
pal agency in the Department for administering and carrying out
this Act and other programs and activities concerning the educa-
tion and training of the handicapped.
(b)(1) The Office established under subsection (a) shall be headed
by a Deputy Assistant Secretary who shall be selected by the Secre-
tary and shall report directly to the Assistant Secretary for Special
Education and Rehabilitative Services. The position of Deputy As-
sistant Secretary shall be in grade GS-18 of the General Schedule
under section 5104 of title 5, United States Code, and shall be a
Senior Executive Service position for the purposes of section
3132(a)(2) of such title.
(2) In addition to such Deputy Assistant Secretary, there shall be
established in such office not less than six positions for persons to
assist the Deputy Assistant Secretary, including the position of As-
6
sociate Deputy Assistant Secretary. Each such position shall be in
grade GS-15 of the General Schedule under section 5104 of title 5,
United States Code.
(20 U.S.C. 1402) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 603, 84 Stat.
177; amended August 21, 1974, P.L. 93-380, sec. 612(a), 88 Stat. 579, 580; amended
December 2, 1983, P.L. 98-199, sec. 3(a), 97 Stat. 1359.
NATIONAL ADVISORY COMMITTEE ON THE EDUCATION OF HANDICAPPED
CHILDREN AND YOUTH
SEC. 604. (a) The Secretary shall establish in the Department of
Education a National Advisory Committee on the Education of
Handicapped Children and Youth, consisting of fifteen members,
appointed by the Secretary. Not less than five such members shall
be parents of handicapped children and the remainder shall be
handicapped persons (including students), persons affiliated with
education, training, or research programs for the handicapped, and
those having demonstrated a commitment to the education of
handicapped children.
(b) The Advisory Committee shall review the administration and
operation of the programs authorized by this Act and other provi-
sions of law administered by the Secretary with respect to handi-
capped children (including the effect of such programs in improv-
ing the educational attainment of such children) and make recom-
mendations for the improvement of such programs. Such recom-
mendations shall take into consideration experience gained under
this and other Federal programs for handicapped children and, to
the extent appropriate, experience gained under other public and
private programs for handicapped children. The Advisory Commit-
tee may make such recommendations to the Secretary as the Com-
mittee considers appropriate and shall make an annual report of
its findings and recommendations to the Secretary not later than
June 30 of each year. The Secretary shall transmit each such
report, together with comments and recommendations, to the Con-
gress.
(c) There are authorized to be appropriated for the purposes of
this section $200,000 for fiscal year 1984, and for each of the two
succeeding fiscal years.
(20 U.S.C. 1403) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 604, 84 Stat.
177; amended August 21, 1974, P.L. 93-380, sec. 613, 88 Stat 580; amended April 21,
1976, P.L. 94-273, sec. 3(14), 90 Stat. 376; P.L. 94-273, sec. 13(2), 90 Stat. 378; amend-
ed December 2, 1983, P.L. 98-199, sec. 4, 97 Stat. 1358.
ACQUISITION OF EQUIPMENT AND CONSTRUCTION OF NECESSARY
FACILITIES
SEC. 605. (a) In the case of any program authorized by this title,
if the Secretary determines that such program will be improved by
permitting the funds authorized for such program to be used for
the acquisition of equipment and the construction of necessary fa-
cilities, he may authorize the use of such funds for such purposes.
(b) If within twenty years after the completion of any construc-
tion (except minor remodeling or alteration) for which funds have
been paid pursuant to a grant or contract under this title the facili-
ty constructed ceases to be used for the purposes for which it was
constructed, the United States, unless the Secretary determines
7
that there is good cause for releasing the recipient of the funds
from its obligation, shall be entitled to recover from the applicant
or other owner of the facility an amount which bears the same
ratio to the then value of the facility as the amount of such Feder-
al funds bore to the cost of the portion of the facility financed with
such funds. Such value shall be determined by agreement of the
parties or by action brought in the United States district court for
the district in which the facility is situated.
(20 U.S.C. 1404) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 605, 84 Stat.
177.
EMPLOYMENT OF HANDICAPPED INDIVIDUALS
SEC. 606. The Secretary shall assure that each recipient of assist-
ance under this Act shall make positive efforts to employ and ad-
vance in employment qualified handicapped individuals in pro-
grams assisted under this Act.
(20 U.S.C. 1405) Enacted November 29, 1975, P.L. 94-142, sec. 6(a), 89 Stat. 795.
GRANTS FOR THE REMOVAL OF ARCHITECTURAL BARRIERS
SEC. 607. (a) The Secretary is authorized to make grants and to
enter into cooperative agreements with State educational agencies
to assist such agencies in making grants to local educational agen-
cies or intermediate educational units to pay part or all of the cost
of altering existing buildings and equipment in accordance with
standards promulgated under the Act approved August 12, 1968
(Public Law 90-480), relating to architectural barriers.
(b) For the purposes of carrying out the provisions of this section,
there are authorized to be appropriated such sums as may be nec-
essary.
(20 U.S.C. 1406) Enacted November 29, 1975, P.L. 94-142, sec. 6(a), 89 Stat. 795;
amended December 2, 1983, P.L. 98-199, sec. 5, 97 Stat. 1358.
REQUIREMENTS FOR PRESCRIBING REGULATIONS
SEC. 608. (a) For purposes of complying with section 431(b) of the
General Education Provisions Act with respect to regulations pro-
mulgated under part B of this Act, the thirty-day period under
such section shall be ninety days.
(b) The Secretary may not implement, or publish in final form,
any regulation prescribed pursuant to this Act which would proce-
durally or substantively lessen the protections provided to handi-
capped children under this Act, as embodied in regulations in
effect on July 20, 1983 (particularly as such protections relate to
parental consent to initial evaluation or initial placement in spe-
cial education, least restrictive environment, related services, time-
lines, attendance of evaluation personnel at IEP meetings, or quali-
fications of personnel), except to the extent that such regulation re-
flects the clear and unequivocal intent of the Congress in legisla-
tion.
(c) The Secretary shall transmit a copy of any regulations pro-
mulgated under this Act to the National Advisory Committee on
the Education of the Handicapped concurrently with publication in
the Federal Register.
8
(20 U.S.C. 1407) Enacted December 2, 1983, P.L. 98-199, sec. 6, 97 Stat. 1359.
PART B-ASSISTANCE FOR EDUCATION OF ALL HANDICAPPED
CHILDREN
SETTLEMENTS AND ALLOCATIONS
SEC. 611. (a)(1) Except as provided in paragraph (3) and in section
619, the maximum amount of the grant to which a State is entitled
under this part for any fiscal year shall be equal to—
(A) the number of handicapped children aged three to
twenty-one, inclusive, in such State who are receiving special
education and related services;
multiplied by-
(B)(i) 5 per centum, for the fiscal year ending September 30,
1978, of the average per pupil expenditure in public elementa-
ry and secondary schools in the United States;
(ii) 10 per centum, for the fiscal year ending September 30,
1979, of the average per pupil expenditure in public elementa-
ry and secondary schools in the United States;
(iii) 20 per centum, for the fiscal year ending September 30,
1980, of the average per pupil expenditure in public elementa-
ry and secondary schools in the United States;
(iv) 30 per centum, for the fiscal year ending September 30,
1981, of the average per pupil expenditure in public elementa-
ry and secondary schools in the United States; and
(v) 40 per centum, for the fiscal year ending September 30,
1982, and for each fiscal year thereafter, of the average per
pupil expenditure in public elementary and secondary schools
in the United States;
except that no State shall receive an amount which is less than the
amount which such State received under this part for the fiscal
year ending September 30, 1977.
(2) For the purpose of this subsection and subsection (b) through
subsection (e), the term "State" does not include Guam, American
Samoa, the Virgin Islands, the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands.
(3) The number of handicapped children receiving special educa-
tion and related services in any fiscal year shall be equal to the
average of the number of such children receiving special education
and related services on October 1 and February 1 of the fiscal year
preceding the fiscal year for which the determination is made.
(4) For purposes of paragraph (1)(B), the term "average per pupil
expenditure", in the United States, means the aggregate current
expenditures, during the second fiscal year preceding the fiscal
year for which the computation is made (or, if satisfactory data for
such year are not available at the time of computation, then during
the most recent preceding fiscal year for which satisfactory data
are available) of all local educational agencies in the United States
(which, for purposes of this subsection, means the fifty States and
the District of Columbia), as the case may be, plus any direct ex-
penditures by the State for operation of such agencies (without
regard to the source of funds from which either of such expendi-
tures are made), divided by the aggregate number of children in av-
9
erage daily attendance to whom such agencies provided free public
education during such preceding year.
(5)(A) In determining the allotment of each State under para-
graph (1), the Secretary may not count-
(i) handicapped children in such State under paragraph
(1)(A) to the extent the number of such children is greater than
12 per centum of the number of all children aged five to seven-
teen, inclusive, in such State; and
(ii) handicapped children who are counted under section 121
of the Elementary and Secondary Education Act of 1965.
(B) For purposes of subparagraph (A), the number of children
aged five to seventeen, inclusive, in any State shall be determined
by the Secretary on the basis of the most recent satisfactory data
available to him.
(b)(1) Of the funds received under subsection (a) by any State for
the fiscal year ending September 30, 1978-
(A) 50 per centum of such funds may be used by such State
in accordance with the provisions of paragraph (2); and
(B) 50 per centum of such funds shall be distributed by such
State pursuant to subsection (d) to local educational agencies
and intermediate educational units in such State, for use in ac-
cordance with the priorities established under section 612(3).
(2) Of the funds which any State may use under paragraph
(1)(A)-
(A) an amount which is equal to the greater of-
(i) 5 per centum of the total amount of funds received
under this part by such State; or
(ii) $200,000;
may be used by such State for administrative costs related to
carrying out sections 612 and 613;
(B) the remainder shall be used by such State to provide sup-
port services and direct services in accordance with the prior-
ities established under section 612(3).
(c)(1) Of the funds received under subsection (a) by any State for
the fiscal year ending September 30, 1979, and for each fiscal year
thereafter-
(A) 25 per centum of such funds may be used by such State
in accordance with the provisions of paragraph (2); and
(B) except as provided in paragraph (3), 1 75 per centum of
such funds shall be distributed by such State pursuant to sub-
section (d) to local educational agencies and intermediate edu-
cational units in such State, for use in accordance with prior-
ities established under section 612(3).
(2)(A) Subject to the provisions of subparagraph (B), of the funds
which any State may use under paragraph (1)(A)-
(i) an amount which is equal to the greater of-
(I) 5 per centum of the total amount of funds received
under this part by such State; or
(II) $300,000;
may be used by such State for administrative costs related to
carrying out the provisions of sections 612 and 613; and
1 Apparent error. Should read: "(B) except as provided in paragraph (4)
"
10
(ii) the remainder shall be used by such State to provide sup-
port services and direct services, in accordance with the prior-
ities established under section 612(3).
(B) The amount expended by any State from the funds available
to such State under paragraph (1)(A) in any fiscal year for the pro-
vision of support services or for the provision of direct services
shall be matched on a program basis by such State, from funds
other than Federal funds, for the provision of support services or
for the provision of direct services for the fiscal year involved.
(3) The provisions of section 613(a)(9) shall not apply with respect
to amounts available for use by any State under paragraph (2).
(4)(A) No funds shall be distributed by any State under this sub-
section in any fiscal year to any local educational agency or inter-
mediate educational unit in such State if-
(i) such local educational agency or intermediate educational
unit is entitled, under subsection (d), to less than $7,500 for
such fiscal year; or
(ii) such local educational agency or intermediate education-
al unit has not submitted an application for such funds which
meets the requirements of section 614.
(B) Whenever the provisions of subparagraph (A) apply, the State
involved shall use such funds to assure the provision of a free ap-
propriate education to handicapped children residing in the area
served by such local educational agency or such intermediate edu-
cational unit. The provisions of paragraph (2)(B) shall not apply to
the use of such funds.
(d) From the total amount of funds available to local educational
agencies and intermediate educational units in any State under
subsection (b)(1)(B) or subsection (c)(1)(B), as the case may be, each
local educational agency or intermediate educational unit shall be
entitled to an amount which bears the same ratio to the total
amount available under subsection (b)(1)(B) or subsection (c)(1)(B),
as the case may be, as the number of handicapped children aged
three to twenty-one, inclusive, receiving special education and re-
lated services in such local educational agency or intermediate edu-
cational unit bears to the aggregate number of handicapped chil-
dren aged three to twenty-one, inclusive, receiving special educa-
tion and related services in all local educational agencies and inter-
mediate educational units which apply to the State educational
agency involved for funds under this part.
(e)(1) The jurisdictions to which this subsection applies are
Guam, American Samoa, the Virgin Islands, the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands.
(2) Each jurisdiction to which this subsection applies shall be en-
titled to a grant for the purposes set forth in section 601(c) in an
amount equal to an amount determined by the Secretary in accord-
ance with criteria based on respective needs, except that the aggre-
gate of the amount to which such jurisdictions are so entitled for
any fiscal year shall not exceed an amount equal to 1 per centum
of the aggregate of the amounts available to all States under this
part for that fiscal year. If the aggregate of the amounts, deter-
mined by the Secretary pursuant to the preceding sentence, to be
so needed for any fiscal year exceeds an amount equal to such 1
per centum limitation, the entitlement of each such jurisdiction
11
shall be reduced proportionately until such aggregate does not
exceed such 1 per centum limitation.
(3) The amount expended for administration by each jurisdiction
under this subsection shall not exceed 5 per centum of the amount
allotted to such jurisdiction for any fiscal year, or $35,000, whichev-
er is greater.
(f)(1) The Secretary is authorized to make payments to the Secre-
tary of the Interior according to the need for such assistance for
the education of handicapped children on reservations serviced by
elementary and secondary schools operated for Indian children by
the Department of the Interior. The amount of such payment for
any fiscal year shall not exceed 1 per centum of the aggregate
amounts available to all States under this part for that fiscal year.
(2) The Secretary of the Interior may receive an allotment under
this subsection only after submitting to the Secretary an applica-
tion which meets the applicable requirements of section 614(a) and
which is approved by the Secretary. The provisions of section 616
shall apply to any such application.
(g)(1) If the sums appropriated for any fiscal year for making pay-
ments to States under this part are not sufficient to pay in full the
total amounts which all States are entitled to receive under this
part for such fiscal year, the maximum amounts which all States
are entitled to receive under this part for such fiscal year shall be
ratably reduced. In case additional funds become available for
making such payments for any fiscal year during which the preced-
ing sentence is applicable, such reduced amounts shall be increased
on the same basis as they were reduced.
(2) In the case of any fiscal year in which the maximum amounts
for which States are eligible have been reduced under the first sen-
tence of paragraph (1), and in which additional funds have not
been made available to pay in full the total of such maximum
amounts under the last sentence of such paragraph, the State edu-
cational agency shall fix dates before which each local educational
agency or intermediate educational unit shall report to the State
educational agency on the amount of funds available to the local
educational agency or intermediate educational unit, under the
provisions of subsection (d), which it estimates that it will expend
in accordance with the provisions of this part. The amounts so
available to any local educational agency or intermediate educa-
tional unit, or any amount which would be available to any other
local educational agency or intermediate educational unit if it were
to submit a program meeting the requirements of this part, which
the State educational agency determines will not be used for the
period of its availability, shall be available for allocation to those
local educational agencies or intermediate educational units, in the
manner provided by this section, which the State educational
agency determines will need and be able to use additional funds to
carry out approved programs.
(20 U.S.C. 1411) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 611, 84 Stat.
178; amended August 21, 1974, P.L. 93-380, sec. 614(a), 88 Stat. 580, 581; amended
November 29, 1975, P.L. 94-142, sec. 5(a), 89 Stat. 776, 777, 778, 779, 780; amended
June 14, 1980, P.L. 96-270, sec. 13, 94 Stat. 498; amended December 2, 1983, P.L. 98-
199, sec. 15, 97 Stat. 1374.
12
ELIGIBILITY
SEC. 612. In order to qualify for assistance under this part in any
fiscal year, a State shall demonstrate to the Secretary that the fol-
lowing conditions are met:
(1) The State has in effect a policy that assures all handicapped
children the right to a free appropriate public education.
(2) The State has developed a plan pursuant to section 613(b) in
effect prior to the date of the enactment of the Education for All
Handicapped Children Act of 1975 and submitted not later than
August 21, 1975, which will be amended so as to comply with the
provisions of this paragraph. Each such amended plan shall set
forth in detail the policies and procedures which the State will un-
dertake or has undertaken in order to assure that-
(A) there is established (i) a goal of providing full educational
opportunity to all handicapped children, (ii) a detailed timeta-
ble for accomplishing such a goal, and (iii) a description of the
kind and number of facilities, personnel, and services neces-
sary throughout the State to meet such a goal;
(B) a free appropriate public education will be available for
all handicapped children between the ages of three and eight-
een within the State not later than September 1, 1978, and for
all handicapped children between the ages of three and
twenty-one within the State not later than September 1, 1980,
except that, with respect to handicapped children aged three to
five and aged eighteen to twenty-one, inclusive, the require-
ments of this clause shall not be applied in any State if the ap-
plication of such requirements would be inconsistent with
State law or practice, or the order of any court, respecting
public education within such age groups in the State;
(C) all children residing in the State who are handicapped,
regardless of the severity of their handicap, and who are in
need of special education and related services are identified, lo-
cated, and evaluated, and that a practical method is developed
and implemented to determine which children are currently
receiving needed special education and related services and
which children are not currently receiving needed special edu-
cation and related services;
(D) policies and procedures are established in accordance
with detailed criteria prescribed under section 617(c); and
(E) the amendment to the plan submitted by the State re-
quired by this section shall be available to parents, guardians,
and other members of the general public at least thirty days
prior to the date of submission of the amendment to the Com-
mission.
(3) The State has established priorities for providing a free appro-
priate public education to all handicapped children, which prior-
ities shall meet the timetables set forth in clause (B) of paragraph
(2) of this section, first with respect to handicapped children who
are not receiving and education, and second with respect to handi-
capped children, within each disability, with the most severe handi-
caps who are receiving an inadequate education, and has made ade-
quate progress in meeting the timetables set forth in clause (B) of
paragraph (2) of this section.
13
(4) Each local educational agency in the State will maintain
records of the individualized education program for each handi-
capped child, and such program shall be established, reviewed, and
revised as provided in section 614(a)(5).
(5) The State has established (A) procedural safeguards as re-
quired by section 615, (B) procedures to assure that, to the maxi-
mum extent appropriate, handicapped children, including children
in public or private institutions or other care facilities, are educat-
ed with children who are not handicapped, and that special classes,
separate schooling, or other removal of handicapped children from
the regular educational environment occurs only when the nature
or severity of the handicap is such that education in regular classes
with the use of supplementary aids and services cannot be achieved
satisfactorily, and (C) procedures to assure that testing and evalua-
tion materials and procedures utilized for the purposes of evalua-
tion and placement of handicapped children will be selected and
administered so as not to be racially or culturally discriminatory.
Such materials or procedures shall be provided and administered
in the child's native language or mode of communication, unless it
clearly is not feasible to do so, and no single procedure shall be the
sole criterion for determining an appropriate educational program
for a child.
(6) The State educational agency shall be responsible for assuring
that the requirements of this part are carried out and that all edu-
cational programs for handicapped children with the State, includ-
ing all such programs administered by any other State or local
agency, will be under the general supervision of the persons re-
sponsible for educational programs for handicapped children in the
State educational agency and shall meet educational standards of
the State educational agency.
(7) The State shall assure that (A) in carrying out the require-
ments of this section procedures are established for consultation
with individuals involved in or concerned with the education of
handicapped children, including handicapped individuals and par-
ents or guardians of handicapped children, and (B) there are public
hearings, adequate notice of such hearings, and an opportunity for
comment available to the general public prior to adoption of the
policies, programs, and procedures required pursuant to the provi-
sions of this section and section 613.
(20 U.S.C. 1412) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 612, 84 Stat.
178; amended June 23, 1972, P.L. 92-318, sec. 421(b)(1)(C), 86 Stat. 341; amended
August 21, 1974, P.L. 93-380, sec. 614(b)(1), 88 Stat. 582; amended November 29,
1975, P.L. 94-142, sec. 5(a), 89 Stat. 780, 781, 782.
STATE PLANS
SEC. 613. (a) Any State meeting the eligibility requirements set
forth in section 612 and desiring to participate in the program
under this part shall submit to the Secretary, through its State
educational agency, a State plan at such time, in such manner, and
containing or accompanied by such information, as he deems neces-
sary. Each such plan shall-
(1) set forth policies and procedures designed to assure that
funds paid to the State under this part will be expended in ac-
cordance with the provisions of this part, with particular atten-
14
tion given to the provisions of sections 611(b), 611(c), 611(d),
612(2), and 612(3);
(2) provide that programs and procedures will be established
to assure that funds received by the State or any of its political
subdivisions under any other Federal program, including sec-
tion 121 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 241c-2), section 305(b)(8) of such Act (20 U.S.C.
844a(b)(8)) or its successor authority, and section 122(a)(4)(B) of
the Vocational Education Act of 1963 (20 U.S.C. 1262(a)(4)(B)),
under which there is specific authority for the provision of as-
sistance for the education of handicapped children, will be uti-
lized by the State, or any of its political subdivisions, only in a
manner consistent with the goal of providing a free appropri-
ate public education for all handicapped children, except that
nothing in this clause shall be construed to limit the specific
requirements of the laws governing such Federal programs;
(3) set forth, consistent with the purposes of this Act, a de-
scription of programs and procedures for (A) the development
and implementation of a comprehensive system of personnel
development which shall include the inservice training of gen-
eral and special educational instructional and support person-
nel, detailed procedures to assure that all personnel necessary
to carry out the purposes of this Act are appropriately and
adequately prepared and trained, and effective procedures for
acquiring and disseminating to teachers and administrators of
programs for handicapped children significant information de-
rived from educational research, demonstration, and similar
projects, and (B) adopting, where appropriate, promising educa-
tional practices and materials development through such
projects;
(4) set forth policies and procedures to assure-
(A) that, to the extent consistent with the number and
location of handicapped children in the State who are en-
rolled in private elementary and secondary schools, provi-
sion is made for the participation of such children in the
program assisted or carried out under this part by provid-
ing for such children special education and related serv-
ices; and
(B) that (i) handicapped children in private schools and
facilities will be provided special education and related
services (in conformance with an individualized education-
al program as required by this part) at no cost to their par-
ents or guardian, if such children are placed in or referred
to such schools or facilities by the State or appropriate
local educational agency as the means of carrying out the
requirements of this part or any other applicable law re-
quiring the provision of special education and related serv-
ices to all handicapped children within such State, and (ii)
in all such instances the State educational agency shall de-
termine whether such schools and facilities meet stand-
ards that apply to State and local educational agencies and
that children so served have all the rights they would have
if served by such agencies;
(5) set forth policies and procedures which assure that the
State shall seek to recover any funds made available under
15
this part for services to any child who is determined to be erro-
neously classified as eligible to be counted under section 611(a)
or section 611(d);
(6) provide satisfactory assurance that the control of funds
provided under this part, and title to property derived there-
from, shall be in a public agency for the uses and purposes pro-
vided in this part, and that a public agency will administer
such funds and property;
(7) provide for (A) making such reports in such form and con-
taining such information as the Secretary may require to carry
out his functions under this part, and (B) keeping such records
and affording such access thereto as the Secretary may find
necessary to assure the correctness and verification of such re-
ports and proper disbursement of Federal funds under this
part;
(8) provide procedures to assure that final action with re-
spect to any application submitted by a local educational
agency or an intermediate educational unit shall not be taken
without first affording the local educational agency or interme-
diate educational unit involved reasonable notice and opportu-
nity for a hearing;
(9) provide satisfactory assurance that Federal funds made
available under this part (A) will not be commingled with
State funds, and (B) will be so used as to supplement and in-
crease the level of State and local funds expended for the edu-
cation of handicapped children and in no case to supplant such
State and local funds, except that, where the State provides
clear and convincing evidence that all handicapped children
have available to them a free appropriate public education, the
Secretary may waive in part the requirement of this clause if
he concurs with the evidence provided by the State;
(10) provide, consistent with procedures prescribed pursuant
to section 617(a)(2), satisfactory assurance that such fiscal con-
trol and fund accounting procedures will be adopted as may be
necessary to assure proper disbursement of, and accounting
for, Federal funds paid under this part to the State, including
any such funds paid by the State to local educational agencies
and intermediate educational units;
(11) provide for procedures for evaluation at least annually
of the effectiveness of programs in meeting the educational
needs of handicapped children (including evaluation of individ-
ualized education programs), in accordance with such criteria
that the Secretary shall prescribe pursuant to section 617; and
(12) provide that the State has an advisory panel, appointed
by the Governor or any other official authorized under State
law to make such appointments, composed of individuals in-
volved in or concerned with the education of handicapped chil-
dren, including handicapped individuals, teachers, parents or
guardians of handicapped children, State and local education
officials, and administrators of programs for handicapped chil-
dren, which (A) advises the State educational agency of unmet
needs within the State in the education of handicapped chil-
dren, (B) comments publicly on any rules or regulations pro-
posed for issuance by the State regarding the education of
handicapped children and the procedures for distribution of
16
funds under this part, and (C) assists the State in developing
and reporting such data and evaluations as may assist the Sec-
retary in the performance of his responsibilities under section
618.
(b) Whenever a State educational agency provides free appropri-
ate public education for handicapped children, or provides direct
services to such children, such State educational agency shall in-
clude, as part of the State plan required by subsection (a) of this
section, such additional assurances not specified in such subsection
(a) as are contained in section 614(a), except that funds available
for the provision of such education or services may be expended
without regard to the provisions relating to excess costs in section
614(a).
(c) The Secretary shall approve any State plan and any modifica-
tion thereof which-
(1) is submitted by a State eligible in accordance with section
612; and
(2) meets the requirements of subsection (a) and subsection
(b).
The Secretary shall disapprove any State plan which does not meet
the requirements of the preceding sentence, but shall not finally
disapprove a State plan except after reasonable notice and opportu-
nity for a hearing to the State.
(d)(1) If, on the date of enactment of the Education of the Handi-
capped Act Amendments of 1983, a State educational agency is pro-
hibited by law from providing for the participation in special pro-
grams of handicapped children enrolled in private elementary and
secondary schools as required by subsection (a)(4), the Secretary
shall waive such requirement, and shall arrange for the provision
of service to such children through arrangements which shall be
subject to the requirements of subsection (a)(4).
(2)(A) When the Secretary arranges for services pursuant to this
subsection, the Secretary, after consultation with the appropriate
public and private school officials, shall pay to the provider of such
services an amount per child which may not exceed the Federal
amount provided per child under this part to all handicapped chil-
dren enrolled in the State for services for the fiscal year preceding
the fiscal year for which the determination is made.
(B) Pending final resolution of any investigation or complaint
that could result in a determination under this subsection, the Sec-
retary may withhold from the allocation of the affected State edu-
cational agency the amount the Secretary estimates would be nec-
essary to pay the cost of such services.
(C) Any determination by the Secretary under this section shall
continue in effect until the Secretary determines that there will no
longer be any failure or inability on the part of the State educa-
tional agency to meet the requirements of subsection (a)(4).
(3)(A) The Secretary shall not take any final action under this
subsection until the State educational agency affected by such
action has had an opportunity, for at least 45 days after receiving
written notice thereof, to submit written objections and to appear
before the Secretary or his designee to show cause why such action
should not be taken.
(B) If a State educational agency is dissatisfied with the Secre-
tary's final action after a proceeding under subparagraph (A) of
17
this paragraph, it may, within 60 days after notice of such action,
file with the United States court of appeals for the circuit in which
such State is located a petition for review of that action. A copy of
the petition shall be forthwith transmitted by the clerk of the court
to the Secretary. The Secretary thereupon shall file in the court
the record of the proceedings on which he based his action, as pro-
vided in section 2112 of title 28, United States Code.
(C) The findings of fact by the Secretary, if supported by substan-
tial evidence, shall be conclusive; but the court, for good cause
shown, may remand the case to the Secretary to take further evi-
dence, and the Secretary may thereupon make new or modified
findings of fact and may modify his previous action, and shall file
in the court the record of the further proceedings. Such new or
modified findings of fact shall likewise be conclusive if supported
by substantial evidence.
(D) Upon the filing of a petition under subparagraph (B), the
court shall have jurisdiction to affirm the action of the Secretary
or to set it aside, in whole or in part. The judgment of the court
shall be subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in section 1254 of
title 28, United States Code.
(20 U.S.C. 1413) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 613, 84 Stat.
179; amended August 21, 1974, P.L. 93-380, sec. 614(d), 88 Stat. 581, 582; amended
November 29, 1975, P.L. 94-142, sec. 5(a), 89 Stat. 782, 783, 784; ; amended December
2, 1983, P.L. 98-199, sec. 7, 97 Stat. 1359.
APPLICATION
SEC. 614. (a) A local educational agency or an intermediate edu-
cational unit which desires to receive payments under section
611(d) for any fiscal year shall submit an application to the appro-
priate State educational agency. Such application shall-
(1) provide satisfactory assurance that payments under this
part will be used for excess costs directly attributable to pro-
grams which—
(A) provide that all children residing within the jurisdic-
tion of the local educational agency or the intermediate
educational unit who are handicapped, regardless of the
severity of their handicap, and are in need of special edu-
cation and related services will be identified, located, and
evaluated, and provide for the inclusion of a practical
method of determining which children are currently re-
ceiving needed special education and related services and
which children are not currently receiving such education
and services;
(B) establish policies and procedures in accordance with
detailed criteria prescribed under section 617(c);
(C) establish a goal of providing full educational opportu-
nities to all handicapped children, including-
(i) procedures for the implementation and use of the
comprehensive system of personnel development estab-
lished by the State educational agency under section
613(a)(3);
(ii) the provision of, and the establishment of prior-
ities for providing, a free appropriate public education
to all handicapped children, first with respect to
18
handicapped children who are not receiving an educa-
tion, and second with respect to handicapped children,
within each disability, with the most severe handicaps
who are receiving an inadequate education;
(iii) the participation and consultation of the parents
or guardian of such children; and
(iv) to the maximum extent practicable and consist-
ent with the provisions of section 612(5)(B), the provi-
sion of special services to enable such children to par-
ticipate in regular educational programs;
(D) establish a detailed timetable for accomplishing the
goal described in subclause (C); and
(E) provide a description of the kind and number of fa-
cilities, personnel, and services necessary to meet the goal
described in subclause (C);
(2) provide satisfactory assurance that (A) the control of
funds provided under this part, and title to property derived
from such funds, shall be in a public agency for the uses and
purposes provided in this part, and that a public agency will
administer such funds and property, (B) Federal funds expend-
ed by local educational agencies and intermediate educational
units for programs under this part (i) shall be used to pay only
the excess costs directly attributable to the education of handi-
capped children, and (ii) shall be used to supplement and, to
the extent practicable, increase the level of State and local
funds expended for the education of handicapped children, and
in no case to supplant such State and local funds, and (C) State
and local funds will be used in the jurisdiction of the local edu-
cational agency or intermediate educational unit to provide
services in program areas which, taken as a whole, are at least
comparable to services being provided in areas of such jurisdic-
tion which are not receiving funds under this part;
(3)(A) provide for furnishing such information (which, in the
case of reports relating to performance, is in accordance with
specific performance criteria related to program objectives), as
may be necessary to enable the State educational agency to
perform its duties under this part, including information relat-
ing to the educational achievement of handicapped children
participating in programs carried out under this part; and
(B) provide for keeping such records, and provide for afford-
ing such access to such records, as the State educational
agency may find necessary to assure the correctness and verifi-
cation of such information furnished under subclause (A);
(4) provide for making the application and all pertinent docu-
ments related to such application available to parents, guard-
ians, and other members of the general public, and provide
that all evaluations and reports required under clause (3) shall
be public information;
(5) provide assurances that the local educational agency or
intermediate educational unit will establish, or revise, which-
ever is appropriate, an individualized education program for
each handicapped child at the beginning of each school year
and will then review and, if appropriate revise, its provisions
periodically, but not less than annually;
19
(6) provide satisfactory assurance that policies and programs
established and administered by the local educational agency
or intermediate educational unit shall be consistent with the
provisions of paragraph (1) through paragraph (7) of section
612 and section 613(a); and
(7) provide satisfactory assurance that the local educational
agency or intermediate educational unit will establish and
maintain procedural safeguards in accordance with the provi-
sions of sections 612(5)(B), 612(5)(C), and 615.
(b)(1) A State educational agency shall approve any application
submitted by a local educational agency or an intermediate educa-
tional unit under subsection (a) if the State educational agency de-
termines that such application meets the requirements of subsec-
tion (a), except that no such application may be approved until the
State plan submitted by such State educational agency under sub-
section (a) is approved by the Secretary under section 613(c). A
State educational agency shall disapprove any application submit-
ted by a local educational agency or an intermediate educational
unit under subsection (a) if the State educational agency deter-
mines that such application does not meet the requirements of sub-
section (a).
(2)(A) Whenever a State educational agency, after reasonable
notice and opportunity for a hearing, finds that a local educational
agency or an intermediate educational unit, in the administration
of an application approved by the State educational agency under
paragraph (1), has failed to comply with any requirement set forth
in such application, the State educational agency, after giving ap-
propriate notice to the local educational agency or the intermediate
educational unit, shall-
(i) make no further payments to such local educational
agency or such intermediate educational unit under section
620 until the State educational agency is satisfied that there is
no longer any failure to comply with the requirement involved;
or
(ii) take such finding into account in its review of any appli-
cation made by such local educational agency or such interme-
diate educational unit under subsection (a).
(B) The provisions of the last sentence of section 616(a) shall
apply to any local educational agency or any intermediate educa-
tional unit receiving any notification from a State educational
agency under this paragraph.
(3) In carrying out its functions under paragraph (1), each State
educational agency shall consider any decision made pursuant to a
hearing held under section 615 which is adverse to the local educa-
tional agency or intermediate educational unit involved in such de-
cision.
(c)(1) A State educational agency may, for purposes of the consid-
eration and approval of applications under this section, require
local educational agencies to submit a consolidated application for
payments if such State educational agency determines that any in-
dividual application submitted by any such local educational
agency will be disapproved because such local educational agency
is ineligible to receive payments because of the application of sec-
tion 611(c)(4)(A)(i) or such local educational agency would be unable
20
to establish and maintain programs of sufficient size and scope to
effectively meet the educational needs of handicapped children.
(2)(A) In any case in which a consolidated application of local
educational agencies is approved by a State educational agency
under paragraph (1), the payments which such local educational
agencies may receive shall be equal to the sum of payments to
which each such local educational agency would be entitled under
section 611(d) if an individual application of any such local educa-
tional agency had been approved.
(B) The State educational agency shall prescribe rules and regu-
lations with respect to consolidated applications submitted under
this subsection which are consistent with the provisions of para-
graph (1) through paragraph (7) of section 612 and section 613(a)
and which provide participating local educational agencies with
joint responsibilities for implementing programs receiving pay-
ments under this part.
(C) In any case in which an intermediate educational unit is re-
quired pursuant to State law to carry out the provisions of this
part, the joint responsibilities given to local educational agencies
under subparagraph (B) shall not apply to the administration and
disbursement of any payments received by such intermediate edu-
cational unit. Such responsibilities shall be carried out exclusively
by such intermediate educational unit.
(d) Whenever a State educational agency determines that a local
educational agency-
(1) is unable or unwilling to establish and maintain pro-
grams of free appropriate public education which meet the re-
quirements established in subsection (a);
(2) is unable or unwilling to be consolidated with other local
educational agencies in order to establish and maintain such
programs; or
(3) has one or more handicapped children who can best be
served by a regional or State center designed to meet the needs
of such children;
the State educational agency shall use the payments which would
have been available to such local educational agency to provide
special education and related services directly to handicapped chil-
dren residing in the area served by such local educational agency.
The State educational agency may provide such education and
services in such manner, and at such locations (including regional
or State centers), as it considers appropriate, except that the
manner in which such education and services are provided shall be
consistent with the requirements of this part.
(e) Whenever a State educational agency determines that a local
educational agency is adequately providing a free appropriate
public education to all handicapped children residing in the area
served by such agency with State and local funds otherwise avail-
able to such agency, the State educational agency may reallocate
funds (or such portion of those funds as may not be required to pro-
vide such education and services) made available to such agency,
pursuant to section 611(d), to such other local educational agencies
within the State as are not adequately providing special education
and related services to all handicapped children residing in the
areas served by such other local educational agencies.
21
(f) Notwithstanding the provisions of subsection (a)(2)(B)(ii), any
local educational agency which is required to carry out any pro-
gram for the education of handicapped children pursuant to a
State law shall be entitled to receive payments under section 611(d)
for use in carrying out such program, except that such payments
may not be used to reduce the level of expenditures for such pro-
gram made by such local educational agency from State or local
funds below the level of such expenditures for the fiscal year prior
to the fiscal year for which such local educational agency seeks
such payments.
(20 U.S.C. 1414) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 614, 84 Stat,
181; amended November 29, 1975, P.L. 94-142, sec. 5(a), 89 Stat. 784, 785, 786, 787,
788.
PROCEDURAL SAFEGUARDS
SEC. 615. (a) Any State educational agency, any local educational
agency, and any intermediate educational unit which receives as-
sistance under this part shall establish and maintain procedures in
accordance with subsection (b) through subsection (e) of this section
to assure that handicapped children and their parents or guardians
are guaranteed procedural safeguards with respect to the provision
of free appropriate public education by such agencies and units.
(b)(1) The procedures required by this section shall include, but
shall not be limited to-
(A) an opportunity for the parents or guardian of a handi-
capped child to examine all relevant records with respect to
the identification, evaluation, and educational placement of
the child, and the provision of a free appropriate public educa-
tion to such child, and to obtain an independent educational
evaluation of the child;
(B) procedures to protect the rights of the child whenever the
parents or guardian of the child are not known, unavailable, or
the child is a ward of the State, including the assignment of an
individual (who shall not be an employee of the State educa-
tional agency, local educational agency, or intermediate educa-
tional unit involved in the education or care of the child) to act
as a surrogate for the parents or guardian;
(C) written prior notice to the parents or guardian of the
child whenever such agency or unit-
(i) proposes to initiate or change, or
(ii) refuses to initiate or change,
the identification, evaluation, or educational placement of the
child or the provision of a free appropriate public education to
the child;
(D) procedures designed to assure that the notice required by
clause (C) fully inform the parents or guardian, in the parents'
or guardian's native language, unless it clearly is not feasible
to do so, of all procedures available pursuant to this section;
and
(E) an opportunity to present complaints with respect to any
matter relating to the identification, evaluation, or educational
placement of the child, or the provision of a free appropriate
public education to such child.
22
(2) Whenever a complaint has been received under paragraph (1)
of this subsection, the parents or guardian shall have an opportuni-
ty for an impartial due process hearing which shall be conducted
by the State educational agency or by the local educational agency
or intermediate educational unit, as determined by State law or by
the State educational agency. No hearing conducted pursuant to
the requirements of this paragraph shall be conducted by an em-
ployee of such agency or unit involved in the education or care of
the child.
(c) If the hearing required in paragraph (2) of subsection (b) of
this section is conducted by a local educational agency or an inter-
mediate educational unit, any party aggrieved by the findings and
decision rendered in such a hearing may appeal to the State educa-
tional agency which shall conduct an impartial review of such
hearing. The officer conducting such review shall make an inde-
pendent decision upon completion of such review.
(d) Any party to any hearing conducted pursuant to subsections
(b) and (c) shall be accorded (1) the right to be accompanied and
advised by counsel and by individuals with special knowledge or
training with respect to the problems of handicapped children, (2)
the right to present evidence and confront, cross-examine, and
compel the attendance of witnesses, (3) the right to a written or
electronic verbatim record of such hearing, and (4) the right to
written findings of fact and decisions (which findings and decisions
shall also be transmitted to the advisory panel established pursu-
ant to section 613(a)(12)).
(e)(1) A decision made in a hearing conducted pursuant to para-
graph (2) of subsection (b) shall be final, except that any party in-
volved in such hearing may appeal such decision under the provi-
sions of subsection (c) and paragraph (2) of this subsection. A deci-
sion made under subsection (c) shall be final, except that any party
may bring an action under paragraph (2) of this subsection.
(2) Any party aggrieved by the findings and decision made under
subsection (b) who does not have the right to an appeal under sub-
section (c), and any party aggrieved by the findings and decision
under subsection (c), shall have the right to bring a civil action
with respect to the complaint presented pursuant to this section,
which action may be brought in any State court of competent juris-
diction or in a district court of the United States without regard to
the amount in controversy. In any action brought under this para-
graph the court shall receive the records of the administrative pro-
ceedings, shall hear additional evidence at the request of a party,
and, basing its decision on the preponderance of the evidence, shall
grant such relief as the court determines is appropriate.
(3) During the pendency of any proceedings conducted pursuant
to this section, unless the State or local educational agency and the
parents or guardian otherwise agree, the child shall remain in the
then current educational placement of such child, or, if applying
for initial admission to a public school, shall, with the consent of
the parents or guardian, be placed in the public school program
until all such proceedings have been completed.
(4) The district courts of the United States shall have jurisdiction
of actions brought under this subsection without regard to the
amount in controversy.
23
(20 U.S.C. 1415) Enacted November 29, 1975, P.L. 94-142, sec. 5(a), 89 Stat. 788,
789.
WITHHOLDING AND JUDICIAL REVIEW
SEC. 616. (a) Whenever the Secretary, after reasonable notice and
opportunity for hearing to the State educational agency involved
(and to any local educational agency or intermediate educational
unit affected by any failure described in clause (2)), finds—
(1) that there has been a failure to comply substantially with
any provision of section 612 or section 613, or
(2) that in the administration of the State plan there is a
failure to comply with any provision of this part or with any
requirements set forth in the application of a local educational
agency or intermediate educational unit approved by the State
educational agency pursuant to the State plan,
the Secretary (A) shall, after notifying the State educational
agency, withhold any further payments to the State under this
part, and (B) may, after notifying the State educational agency,
withhold further payments to the State under the Federal pro-
grams specified in section 613(a)(2) within his jurisdiction, to the
extent that funds under such programs are available for the provi-
sion of assistance for the education of handicapped children. If the
Secretary withholds further payments under clause (A) or clause
(B) he may determine that such withholding will be limited to pro-
grams or projects under the State plan, or portions thereof, affect-
ed by the failure, or that the State educational agency shall not
make further payments under this part to specified local education-
al agencies or intermediate educational units affected by the fail-
ure. Until the Secretary is satisfied that there is no longer any fail-
ure to comply with the provisions of this part, as specified in clause
(1) or clause (2), no further payments shall be made to the State
under this part or under the Federal programs specified in section
613(a)(2) within his jurisdiction to the extent that funds under such
programs are available for the provision of assistance for the edu-
cation of handicapped children, or payments by the State educa-
tional agency under this part shall be limited to local educational
agencies and intermediate educational units whose actions did not
cause or were not involved in the failure, as the case may be. Any
State educational agency, local educational agency, or intermediate
educational unit in receipt of a notice pursuant to the first sen-
tence of this subsection shall, by means of a public notice, take
such measures as may be necessary to bring the pendency of an
action pursuant to this subsection to the attention of the public
within the jurisdiction of such agency or unit.
(b)(1) If any State is dissatisfied with the Secretary's final action
with respect to its State plan submitted under section 613, such
State may, within sixty days after notice of such action, file with
the United States court of appeals for the circuit in which such
State is located a petition for review of that action. A copy of the
petition shall be forthwith transmitted by the clerk of the court to
the Secretary. The Secretary thereupon shall file in the court the
record of the proceedings on which he based his action, as provided
in section 2112 of title 28, United States Code.
(2) The findings of fact by the Secretary, if supported by substan-
tial evidence, shall be conclusive; but the court, for good cause
24
shown, may remand the case to the Secretary to take further evi-
dence, and the Secretary may thereupon make new or modified
findings of fact and may modify his previous action, and shall file
in the court the record of the further proceedings. Such new or
modified findings of fact shall likewise be conclusive if supported
by substantial evidence.
(3) Upon the filing of such petition, the court shall have jurisdic-
tion to affirm the action of the Secretary or to set it aside, in whole
or in part. The judgment of the court shall be subject to review by
the Supreme Court of the United States upon certiorari or certifi-
cation as provided in section 1254 of title 28, United States Code.
(20 U.S.C. 1416) Enacted November 29, 1975 P.L. 94-142, sec. 5(a), 89 Stat. 789,
790.
ADMINISTRATION
SEC. 617. (a)(1) In carrying out his duties under this part, the Sec-
retary shall-
(A) cooperate with, and furnish all technical assistance nec-
essary, directly or by grant or contract, to the States in mat-
ters relating to the education of handicapped children and the
execution of the provisions of this part;
(B) provide such short-term training programs and institutes
as are necessary;
(C) disseminate information, and otherwise promote the edu-
cation of all handicapped children within the States; and
(D) assure that each State shall, within one year after the
date of the enactment of the Education for All Handicapped
Children Act of 1975, provide certification of the actual
number of handicapped children receiving special education
and related services in each State.
(2) As soon as practicable after the date of the enactment of the
Education for All Handicapped Children Act of 1975, the Secretary
shall, by regulation, prescribe a uniform financial report to be uti-
lized by State educational agencies in submitting plans under this
part in order to assure equity among the States.
(b) In carrying out the provisions of this part, the Secretary (and
the Secretary, in carrying out the provisions of subsection (c)) shall
issue, not later than January 1, 1977, amend, and revoke such
rules and regulations as may be necessary. No other less formal
method of implementing such provisions is authorized.
(c) The Secretary shall take appropriate action, in accordance
with the provisions of section 438 of the General Education Provi-
sions Act, to assure the protection of the confidentiality of any per-
sonally identifiable data, information, and records collected or
maintained by the Secretary and by State and local educational
agencies pursuant to the provisions of this part.
(d) The Secretary is authorized to hire qualified personnel neces-
sary to conduct data collection and evaluation activities required
by subsections (b), (c) and (d) of section 618 and to carry out his
duties under subsection (a)(1) of this subsection without regard to
the provisions of title 5, United States Code, relating to appoint-
ments in the competitive service and without regard to chapter 51
and subchapter III of chapter 53 of such title relating to classifica-
25
tion and general schedule pay rates except that no more than
twenty such personnel shall be employed at any time.
(20 U.S.C. 1417) Enacted November 29, 1975, P.L. 94-142, sec. 5(a), 89 Stat. 791.
EVALUATION
SEC. 618. (a) The Secretary shall directly or by grant, contract, or
cooperative agreement, collect data and conduct studies, investiga-
tions, and evaluations—
(1) to assess progress in the implementation of this Act, the
impact, and the effectiveness of State and local efforts to pro-
vide free appropriate public education to all handicapped chil-
dren and youth; and
(2) to provide Congress with information relevant to policy-
making and provide Federal, State, and local educational agen-
cies with information relevant to program management, ad-
ministration, and effectiveness with respect to such education.
(b) In carrying out the responsibilities under this section, the Sec-
retary, on at least an annual basis, shall obtain data concerning
programs and projects assisted under this Act, and under other
Federal laws relating to the education of handicapped children and
youth, and such additional information, from State and local educa-
tional agencies and other appropriate sources, as is necessary for
the implementation of this Act including-
(1) the number of handicapped children and youth in each
State receiving a free appropriate public education (special
education and related services) by disability category and by
age group (3-5, 6-11, 12-17, and 18-21);
(2) The number of handicapped children and youth in each
State who are participating in regular educational programs,
by disability category (consistent with the requirements of sec-
tion 612(5)(B) and section 614(a)(1)(C)(iv)), and the number of
handicapped children and youth in separate classes, separate
schools or facilities, or public or private residential facilities, or
who have been otherwise removed from the regular education
environment.
(3) the number of handicapped children and youth exiting
the educational system each year through program completion
or otherwise, by disability category and age, and anticipated
services for the next year.
(4) the amount of Federal, State, and local funds expended in
each State specifically for special education and related serv-
ices (which may be based upon a sampling of data from State
agencies including State and local educational agencies);
(5) the number and type of personnel that are employed in
the provision of special education and related services to
handicapped children and youth by disability category served,
and the estimated number and type of additional personnel by
disability category needed to adequately carry out the policy
established by this Act; and
(6) a description of the special education and related services
needed to fully implement the Act throughout each State, in-
cluding estimates of the number of handicapped children and
youth within each disability by age group (3-5, 6-11, 12-17, and
45-277 0 - 85 - 2
26
18-21) in need of improved services and the type of programs
and services in need of improvement.
(c) The Secretary shall, by grant, contract, or cooperative agree-
ment, provide for evaluation studies to determine the impact of
this Act. Each such evaluation shall include recommendations for
improvement of the programs under this Act. The Secretary shall,
not later than July 1 of each year, submit to the appropriate com-
mittees of each House of the Congress and publish in the Federal
Register proposed evaluation priorities for review and comment.
(d)(1) The Secretary is authorized to enter into cooperative agree-
ments with State educational agencies to carry out studies to assess
the impact and effectiveness of programs assisted under the Act.
(2) Such agreements shall-
(A) provide for the payment of not to exceed 60 per centum
of the total cost of studies conducted by a participating State
educational agency to assess the impact and effectiveness of
programs assisted under the Act; and
(B) be developed in consultation with the State Advisory
Panel established under this Act, the local educational agen-
cies, and others involved in or concerned with the education of
handicapped children and youth.
(3) The Secretary shall provide technical assistance to participat-
ing State educational agencies in the implementation of the study
design, analysis, and reporting procedures.
(4) In addition, the Secretary shall disseminate information from
such studies to State educational agencies, and as appropriate,
others involved in, or concerned with the education of handicapped
children and youth.
(e)(1) At least one study shall be a longitudinal study of a sample
of handicapped students, encompassing the full range of handicap-
ping conditions, examining their educational progress while in spe-
cial education and their occupational, educational, and independent
living status after graduating from secondary school or otherwise
leaving special education.
(2) At least one study shall focus on obtaining and compiling cur-
rent information available through State educational agencies and
local educational agencies and other service providers, regarding
State and local expenditures for educational services for handi-
capped students (including special education and related services),
and gather information needed in order to calculate a range of per
pupil expenditures by handicapping condition.
(f)(1) Not later than one hundred and twenty days after the close
of each fiscal year, the Secretary shall publish and disseminate an
annual report on the progress being made toward the provision of a
free appropriate public education to all handicapped children and
youth. The annual report is to be transmitted to the appropriate
committees of each House of Congress and the National Advisory
Committee on the Education of Handicapped Children and Youth,
and published and disseminated in sufficient quantities to the edu-
cation community at large and to other interested parties.
(2) The Secretary shall include in each annual report-
(A) an index and summary of each evaluation activity and
results of studies conducted under subsection (c);
(B) a compilation and analysis of data gathered under sub-
section (b);
27
(C) a description of findings and determinations resulting
from monitoring reviews of State implementation of part B of
this Act;
(D) an analysis and evaluation of the participation of handi-
capped children and youth in vocational education programs
and services;
(E) an analysis and evaluation of the effectiveness of proce-
dures undertaken by each State educational agency, local edu-
cational agency, and intermediate educational unit to ensure
that handicapped children and youth receive special education
and related services in the least restrictive environment com-
mensurate with their needs and to improve programs of in-
struction for handicapped children and youth in day or resi-
dential facilities; and
(F) any recommendations for change in the provisions of this
Act or any other Federal law providing support for the educa-
tion of handicapped children and youth.
(3) In the annual report for fiscal year 1985 (published in 1986)
and for every third year thereafter, the Secretary shall include in
the annual report-
(A) an index of all current projects funded under parts C
through F of this Act; and
(B) data reported under sections 621, 622, 623, 627, 634, 641,
and 653.
(g) There are authorized to be appropriated $3,100,000 for fiscal
year 1984, $3,270,000 for fiscal year 1985, and $3,440,000 for fiscal
year 1986 to carry out the provisions of this section.
(20 U.S.C. 1418) Enacted November 29, 1975. P.L. 94-142, sec. 5(a), 89 Stat. 791,
792, 793; amended December 2, 1983, P.L. 98-199, sec. 8, 97 Stat. 1360.
INCENTIVE GRANTS
SEC. 619. (a) The Secretary shall make a grant to any State
which—
(1) has met the eligibility requirements of section 612;
(2) has a State plan approved under section 613; and
(3) provides special education and related services to handi-
capped children aged three to five, inclusive, who are counted
for the purposes of section 611(a)(1)(A).
The maximum amount of the grant for each fiscal year which a
State may receive under this section shall be $300 for each such
child in that State.
(b) Each State which-
(1) has met the eligibility requirements of section 612,
(2) has a State plan approved under section 613, and
(3) desires to receive a grant under this section.
shall make an application to the Secretary at such time, in such
manner, and containing or accompanied by such information, as
the Secretary may reasonably require.
(c) The Secretary shall pay to each State having an application
approved under subsection (b) of this section the amount of which
the State is entitled under this section, which amount shall be used
for the purpose of providing the services specified in clause (3) of
subsection (a) of this section, and for providing special education
28
and related services for handicapped children from birth to three
years of age.
(d) If the sums appropriated for any fiscal year for making pay-
ments to States under this section are not sufficient to pay in full
the maximum amounts which all States may receive under this
part for such fiscal year, the maximum amounts which all States
may receive under this part for such fiscal year shall be ratably
reduced. In case additional funds become available for making such
payments for any fiscal year during which the preceding sentence
is applicable, such reduced amounts shall be increased on the same
basis as they were reduced.
(e) In addition to the sums necessary to pay the entitlements
under section 611, there are authorized to be appropriated for each
fiscal year such sums as may be necessary to carry out the provi-
sions of this section.
(20 U.S.C. 1419) Enacted November 29, 1975, P.L. 94-142, sec. 5 (a), 89 Stat. 793;
amended December 2, 1983, P.L. 98-199, sec. 9, 97 Stat. 1363.
PAYMENTS
SEC. 620. (a) The Secretary shall make payments to each State in
amounts which the State educational agency of such State is eligi-
ble to receive under this part. Any State educational agency receiv-
ing payments under this subsection shall distribute payments to
the local educational agencies and intermediate educational units
of such State in amounts which such agencies and units are eligible
to receive under this part after the State educational agency has
approved applications of such agencies or units for payments in ac-
cordance with section 614(b).
(b) Payments under this part may be made in advance or by way
of reimbursement and in such installments as the Secretary may
determine necessary.
(20 U.S.C. 1420) Enacted November 29, 1975, P.L. 94-142, sec. 5(a), 89 Stat. 793,
794.
PART C-CENTERS AND SERVICES TO MEET SPECIAL NEEDS OF THE
HANDICAPPED
REGIONAL RESOURCE CENTERS
SEC. 621. (a) The Secretary is authorized to make grants to, or to
enter into contracts or cooperative agreements with, institutions of
higher education, private nonprofit organizations, State education-
al agencies, or combinations of such agencies or institutions (which
combinations may include one or more local educational agencies)
within particular regions of the United States, to pay all or part of
the cost of the establishment and operation of regional resource
centers. Each regional resource center shall provide consultation,
technical assistance, and training to State educational agencies and
through such State agencies to local educational agencies. Each
center established or operated under this section shall-
(1) assist in identifying and solving persistent problems in
providing quality special education and related services for
handicapped children and youth;
29
(2) assist in developing, identifying, and replicating success-
ful programs and practices which will improve special educa-
tion and related services to handicapped children and youth
and their families;
(3) gather and disseminate information to all State educa-
tional agencies within the region and coordinate activities with
other centers assisted under this section and other relevant
projects conducted by the Department of Education; and
(4) assist in the improvement of information dissemination to
and training activities for professionals and parents of handi-
capped children.
(b) In determining whether to approve an application for a
project under this section, the Secretary shall consider the need for
such a center in the region to be served by the applicant and the
capability of the applicant to fulfill the responsibilities under sub-
section (a).
(c) Each regional resource center shall report a summary of ma-
terials produced or developed and this information shall be includ-
ed in the annual report to Congress required under section 618.
(20 U.S.C. 1421) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 621, 84 Stat.
181; amended December 2, 1983, P.L. 98-199, sec. 10, 97 Stat. 1363.
SERVICES FOR DEAF-BLIND CHILDREN AND YOUTH
SEC. 622. (a)(1) The Secretary is authorized to make grants to, or
to enter into cooperative agreements or contracts with, public or
nonprofit private agencies, institutions, or organizations to assist
State educational agencies to-
(A) assure deaf-blind children and youth provision of special
education and related services as well as vocational and transi-
tional services; and
(B) make available to deaf-blind youth upon attaining the
age of twenty-two, programs and services to facilitate their
transition from educational to other services.
(2) A grant, cooperative agreement, or contract pursuant to para-
graph (1)(A) may be made only for programs providing (A) techni-
cal assistance to agencies, institutions, or organizations providing
educational services to deaf-blind children or youth; (B) preservice
or inservice training to paraprofessionals, professionals, and relat-
ed services personnel preparing to serve, or serving, deaf-blind chil-
dren or youth; (C) replication of successful innovative approaches to
providing educational or related services to deaf-blind children and
youth; and (D) facilitation of parental involvement in the education
of their deaf-blind children and youth. Such programs may in-
clude—
(i) the diagnosis and educational evaluation of children and
youth at risk of being certified deaf-blind;
(ii) programs of adjustment, education, and orientation for
deaf-blind children and youth; and
(iii) consultative, counseling, and training services for the
families of deaf-blind children and youth.
(3) A grant, cooperative agreement, or contract pursuant to para-
graph (1)(B) may be made only for programs providing (A) technical
assistance to agencies, institutions, and organizations serving, or
proposing to serve, deaf-blind individuals who have attained age
30
twenty-two years; (B) training or inservice training to paraprofes-
sionals or professionals serving, or preparing to serve, such individ-
uals; and (C) assistance in the development or replication of suc-
cessful innovative approaches to providing rehabilitative, semisu-
pervised, or independent living programs.
(4) In carrying out this subsection, the Secretary shall take into
consideration the need for a center for deaf-blind children and
youth in light of the general availability and quality of existing
services for such children and youth in the part of the country in-
volved.
(b) The Secretary is also authorized to enter into a limited
number of cooperative agreements or contracts to establish and
support regional programs for the provision of techincal assistance
in the education of deaf-blind children and youth.
(c)(1) Programs supported under this section shall report annual-
ly to the Secretary on (A) the numbers of deaf-blind children and
youth served by age, severity, and nature of deaf-blindness; (B) the
number of paraprofessionals, professionals, and family members di-
rectly, served by each activity; and (C) the types of services provid-
ed.
(2) The Secretary shall examine the number of deaf-blind chil-
dren and youth (A) reported under subparagraph (c)(1)(A) and by
the States; (B) served by the programs under part B of this Act and
subpart 2 of part B, title I, of the Elementary and Secondary Edu-
cation Act of 1965 (as modified by chapter 1 of the Education Con-
solidation and Improvement Act of 1981); and (C) the Deaf-Blind
Registry of each State. The Secretary shall revise the count of deaf-
blind children and youth to reflect the most accurate count.
(3) The Secretary shall summarize these data for submission in
the annual report required under section 618.
(d) The Secretary shall disseminate materials and information
concerning effective practices in working with deaf-blind children
and youth.
(20 U.S.C. 1422) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 622, 84 Stat.
182; amended December 2, 1983, P.L. 98-199, sec. 10, 97 Stat. 1364.
EARLY EDUCATION FOR HANDICAPPED CHILDREN
SEC. 623. (a)(1) The Secretary is authorized to arrange by con-
tract, grant, or cooperative agreement with appropriate public
agencies and private nonprofit organizations, for the development
and operation of programs of experimental preschool and early
education for handicapped children which the Secretary deter-
mines show promise of promoting a comprehensive and strength-
ened approach to the special problems of such children. Such pro-
grams shall include activities and services designed to (1) facilitate
the intellectual, emotional, physical, mental, social, and language
development of such children; (2) encourage the participation of the
parents of such children in the development and operation of any
such program; and (3) acquaint the community to be served by any
such program with the problems and potentialities of such chil-
dren.
(2) Programs authorized by this subsection shall be coordinated
with similar programs in the schools operated or supported by
State or local educational agencies of the community to be served.
31
(3) As much as is feasible, such programs shall be geographically
dispersed throughout the Nation in urban as well as rural areas.
(4) No arrangement pursuant to this subsection shall provide for
the payment of more than 90 per centum of the total annual costs
of development, operation, and evaluation of any program. Non-
Federal contributions may be in cash or in kind, fairly evaluated,
including, but not limited to, plant, equipment, and services.
(5) For purposes of this subsection the term "handicapped chil-
dren" includes children from birth through eight years of age.
(b)(1) Subject to paragraph (2), the Secretary is authorized to
make a grant to each State through the State educational agency
or other State agency to assist such State agency in planning, de-
veloping, and implementing a comprehensive delivery system for
the provision of special education and related services to handi-
capped children from birth through five years of age.
(2) The Secretary shall make one of the following types of grants
(authorized under paragraph (1)) to any State which submits an ap-
plication which meets the requirements of this subsection:
(A) PLANNING GRANT.-A grant for a maximum of two years
for the purpose of assessing needs within the State and estab-
lishing a procedure and design for the development of a State
plan which includes parent participation and training of pro-
fessionals and others.
(B) DEVELOPMENT GRANT.-A grant for a maximum of three
years for the purpose of developing a comprehensive State
plan, and gaining approval of this plan from the State Board of
Education, The Commissioner of Education, or other designat-
ed official of the appropriate State agency.
(C) IMPLEMENTATION GRANT.-A grant for a maximum of
three years for the purpose of implementing and evaluating
the comprehensive State plan. A State must apply for annual
renewal of such grant.
(3) Each State educational agency or other State agency desiring
to receive a grant under this subsection shall submit an application
at such time, in such manner, and accompanied by such informa-
tion as the Secretary considers necessary. Each such application
shall contain assurances and evidence that:
(A) The State agency receiving the grant will coordinate with
other appropriate State agencies (including the State educa-
tional agency) in carrying out the grant.
(B) The State plan will address the special education and re-
lated service needs of all handicapped children from birth
through five years of age with special emphasis on children
who are often not identified and children who are not now
served.
(C) The State plan will be closely coordinated with child-find
efforts under section 612(2)(C) and with preschool incentive
grant activites under section 619 of this Act.
(4) The Secretary shall include in the annual report under sec-
tion 618 of this Act the following:
(A) The States and State agencies receiving grants under this
subsection and the types of grants received.
(B) A description of the activities in each State being under-
taken through grants under this subsection.
32
(C) Beginning in 1986, in consultation with the National
Council for the Handicapped and the National Advisory Com-
mittee on the Education of Handicapped Children and Youth,
a description of the status of special education and related
services to handicapped children from birth through five years
of age (including those receiving services through Head Start,
Developmental Disabilities Program, Crippled Children's Serv-
ices, Mental Health/Mental Retardation Agency, and State
child-development centers and private agencies under contract
with local schools).
(c)(1) Not less than 30 per centum of the funds made available in
any year for the purposes of this section may be used for purposes
of subsection (b).
(2) Not less than 10 per centum of the funds made available in
any year for the purposes of subsection (b) shall be available for
the provision of training and technical assistance of States prepar-
ing to receive or receiving grants under this section.
(20 U.S.C. 1423) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 623, 84 Stat.
183; amended December 2, 1983, P.L. 98-199, sec. 10, 97 Stat. 1365.
RESEARCH, INNOVATION, TRAINING, AND DISSEMINATION ACTIVITIES IN
CONNECTION WITH CENTERS AND SERVICES FOR THE HANDICAPPED
SEC. 624. (a) The Secretary is authorized to make grants to, or to
enter into contracts or cooperative agreements with such organiza-
tions or institutions, as are determined by the Secretary to be ap-
propriate, consistent with the purposes of this part, for-
(1) research to identify and meet the full range of special
needs of handicapped children and youth;
(2) the development or demonstration of new, or improve-
ments in existing, methods, approaches, or techniques which
would contribute to the adjustment and education of handi-
capped children and youth;
(3) training of personnel for programs specifically designed
for handicapped children; and
(4) dissemination of materials and information about prac-
tices found effective in working with such children and youth.
(b) In making grants and contracts under this section, the Secre-
tary shall ensure that the activities funded under such grants and
contracts will be coordinated with similar activities funded from
grants and contracts under other sections of this Act.
(c) In carrying out the provisions of this section the Secretary is
authorized to address the needs of the severely handicapped.
(20 U.S.C. 1424) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 624, 84 Stat.
183; amended December 2, 1983, P.L. 98-199, sec. 10, 97 Stat. 1366.
POSTSECONDARY EDUCATION PROGRAMS
SEC. 625. (a)(1) The Secretary is authorized to make grants to or
to enter into contracts with State educational agencies, institutions
of higher education, junior and community colleges, vocational and
technical institutions, and other appropriate nonprofit educational
agencies for the development, operation, and dissemination of spe-
cially designed model programs of postsecondary, vocational, tech-
nical, continuing, or adult education for handicapped individuals.
33
(2) In making grants or contracts on a competitive basis under
this section, the Secretary shall give priority consideration to the
four regional centers for the deaf and to model programs for indi-
viduals with handicapping conditions other than deafness—
(A) for developing and adapting programs of postsecondary,
vocational, technical, continuing, or adult education to meet
the special needs of handicapped individuals; and
(B) for programs that coordinate, facilitate, and encourage
education of handicapped individuals with their nonhandi-
capped peers.
(3) Of the sums made available for programs under this section,
not less than $2,000,000 shall first be available for the four regional
centers for the deaf.
(b) For the purposes of this section the term "handicapped indi-
viduals" means individuals who are mentally retarded, hard of
hearing, deaf, speech or language impaired, visually handicapped,
seriously emotionally disturbed, orthopedically impaired, or other
health impaired individuals with specific learning disabilities who
by reason thereof require special education and related services.
(20 U.S.C. 1424a) Enacted August 21, 1974, P.L. 93-380, sec. 616, 88 Stat. 584;
amended December 2, 1983, P.L. 98-199, sec. 10, 97 Stat. 1367.
SECONDARY EDUCATION AND TRANSITIONAL SERVICES FOR
HANDICAPPED YOUTH
SEC. 626. (a) The Secretary is authorized to make grants to, or
enter into contracts with, institutions of higher education, State
educational agencies, local educational agencies, or other appropri-
ate public and private nonprofit institutions or agencies (including
the State job training coordinating councils and service delivery
area administrative entities established under the Job Training
Partnership Act (Public Law 97-300)) to-
(1) strengthen and coordinate education, training, and relat-
ed services for handicapped youth to assist in the transitional
process to postsecondary education, vocational training, com-
petitive employment, continuing education, or adult services;
and
(2) stimulate the improvement and development of programs
for secondary special education.
(b) Projects assisted under this section may include-
(1) developing strategies and techniques for transition to in-
dependent living, vocational training, postsecondary education,
and competitive employment for handicapped youth;
(2) establishing demonstration models for services and pro-
grams which emphasize vocational training, transitional serv-
ices, and placement for handicapped youth;
(3) conducting demographic studies which provide informa-
tion on the numbers, age levels, types of handicapping condi-
tions, and services required for handicapped youth in need of
transitional programs;
(4) specially designed vocational programs to increase the po-
tential for competitive employment for handicapped youth;
(5) research and development projects for exemplary service
delivery models and the replication and dissemination of suc-
cessful models;
34
(6) initiating cooperative models between educational agen-
cies and adult service agencies, including vocational rehabilita-
tion, mental health, mental retardation, public employment,
and employers, which facilitate the planning and developing of
transitional services for handicapped youth to postsecondary
education, vocational training, employment, continuing educa-
tion, and adult services; and
(7) developing appropriate procedures for evaluating voca-
tional training, placement, and transitional services for handi-
capped youth.
(c) For purposes of subsections (b)(1) and (b)(2), if an applicant is
not an educational agency, such applicant shall coordinate with the
State educational agency.
(d) Projects funded under this section shall to the extent appro-
priate provide for the direct participation of handicapped students
and the parents of handicapped students in the planning, develop-
ment, and implementation of such projects.
(e) The Secretary, as appropriate, shall coordinate programs de-
scribed under this section with projects developed under section
311 of the Rehabilitation Act of 1973.
(20 U.S.C. 1425) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 625, 84 Stat 183;
renumbered August 21, 1974, P.L. 93-380, sec. 616, 88 Stat. 584; amended December
2, 1983, P.L. 98-199, sec. 10, 97 Stat. 1367.
PROGRAM EVALUATIONS
SEC. 627. The Secretary shall conduct, either directly or by con-
tract, a thorough and continuing evaluation of the effectiveness of
each program assisted under this part. Results of the evaluations
shall be analyzed and submitted to the appropriate committees of
each House of Congress together with the annual report under sec-
tion 618.
(20 U.S.C. 1426) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 626, 84 Stat.
184; renumbered and amended August 21, 1974, P.L. 93-380, sec. 616 and 617, 88
Stat. 584; amended June 17, 1977, P.L. 95-49, sec. 2, 91 Stat. 230; amended December
2, 1983, P.L. 98-199, sec. 10, 97 Stat. 1368.
AUTHORIZATION OF APPROPRIATIONS
SEC. 628. (a) There are authorized to be appropriated to carry out
the provisions of section 621, $5,700,000 for the fiscal year 1984,
$6,000,000 for fiscal year 1985, and $6,300,000 for fiscal year 1986.
(b) There are authorized to be appropriated to carry out the pro-
visions of section 622, $15,000,000 or fiscal year 1984, and for each
of the two succeeding fiscal years.
(c) There are authorized to be appropriated to carry out the pro-
visions of section 623, $26,000,000 or fiscal year 1984, $27,100,000
for fiscal year 1985, and $28,300,000 for fiscal year 1986.
(d) There are authorized to be appropriated to carry out the pro-
visions of subsection (c) of section 624, $5,000,000 for fiscal year
1984, $5,300,000 for fiscal year 1985, and $5,600,000 for fiscal year
1986.
(e) There are authorized to be appropriated to carry out the pro-
visions of section 625, $5,000,000 for fiscal year 1984, $5,300,000 for
fiscal year 1985, and $5,500,000 for fiscal year 1986.
35
(f) There are authorized to be appropriated to carry out the pro-
visions of section 626, $6,000,000 for fiscal year 1984, $6,330,000 for
fiscal year 1985, and $6,660,000 for fiscal year 1986.
(20 U.S.C. 1427) Enacted December 2, 1983, P.L. 98-199, sec. 10, 97 Stat. 1368.
PART D-TRAINING PERSONNEL FOR THE EDUCATION OF THE
HANDICAPPED
GRANTS FOR PERSONNEL TRAINING
SEC. 631. (a)(1) The Secretary is authorized to make grants, which
may include scholarships with necessary stipends and allowances,
to institutions of higher education (including the university-affili-
ated facilities program under the Rehabilitation Act of 1973 and
the satellite network of the developmental disabilities program)
and other appropriate nonprofit agencies to assist them in training
personnel for careers in special education including-
(A) special education teaching, including speech, language,
and hearing impaired, and adaptive physical education;
(B) related services to handicapped children and youth in
educational settings;
(C) special education supervision and administration;
(D) special education research; and
(E) training of special education personnel and other person-
nel providing special services.
(2) The Secretary shall ensure that grants awarded to applicant
institutions and agencies under this subsection meet State and pro-
fessionally recognized standards for the training of special educa-
tion and related services personnel.
(3) Grants under this subsection may be used by such institutions
to assist in covering the cost of courses of training or study for such
personnel and for establishing and maintaining fellowships or
traineeships with such stipends and allowances as may be deter-
mined by the Secretary.
(4) The Secretary in carrying out the purposes of this subsection
may reserve a sum not to exceed 5 per centum of the amount avail-
able for this subsection in each fiscal year for contracts to prepare
personnel in areas where shortages exist, when a response to that
need has not been adequately addressed by the grant process.
(b) The Secretary is authorized to make grants to institutions of
higher education and other appropriate nonprofit agencies to con-
duct special projects to develop and demonstrate new approaches
for the preservice training purposes set forth in subsection (a), for
regular educators, and for the inservice training of special educa-
tion personnel, including classroom aides, related services person-
nel, and regular education personnel who serve handicapped chil-
dren.
(c)(1) The Secretary is authorized to make grants through a sepa-
rate competition to private nonprofit organizations for the purpose
of providing training and information to parents of handicapped
children and volunteers who work with parents to enable such in-
dividuals to participate more effectively with professionals in meet-
ing the educational needs of handicapped children. Such grants
shall be designed to meet the unique training and information
needs of parents of handicapped children, including those who are
36
members of groups that have been traditionally underrepresented,
living in the area to be served by the grant.
(2) In order to receive a grant under this subsection a private
nonprofit organization shall-
(A) be governed by a board of directors on which a majority
of the members are parents of handicapped children and which
includes members who are professionals in the field of special
education and related services who serve handicapped children
and youth; or if the nonprofit private organization does not
have such a board, such organization shall have a membership
which represents the interests of individuals with handicap-
ping conditions, and shall establish a special governing com-
mittee on which a majority of the members are parents of
handicapped children and which includes members who are
professionals in the fields of special education and related serv-
ices, to operate the training and information program under
this subsection;
(B) serve the parents of children with the full range of handi-
capping conditions under such grant program; and
(C) demonstrate the capacity and expertise to conduct effec-
tively the training and information activities authorized under
this subsection.
(3) The board of directors or special governing committee of a pri-
vate nonprofit organization receiving a grant under this subsection
shall meet at least once in each calendar quarter to review such
parent training and information activities, and each such commit-
tee shall advise the governing board directly of its views and rec-
ommendations. Whenever a private nonprofit organization requests
the renewal of a grant under this subsection, the board of directors
or the special governing committee shall submit to the Secretary a
written review of the parent training and information program
conducted by that private nonprofit organization during the preced-
ing fiscal year.
(4) The Secretary shall ensure that grants under this subsection
will-
(A) be distributed geographically to the greatest extent possi-
ble throughout all the States; and
(B) be targeted to parents of handicapped children in both
urban and rural areas, or on a State, or regional basis.
(5) Parent training and information programs assisted under the
subsection shall assist parents to-
(A) better understand the nature and needs of the handicap-
ping conditions of their child;
(B) provide followup support for their handicapped child's
educational programs;
(C) communicate more effectively with special and regular
educators, administrators, related services personnel, and other
relevant professionals;
(D) participate in educational decisionmaking processes in-
cluding the development of their handicapped child's individ-
ualized educational program;
(E) obtain information about the programs, services, and re-
sources available to their handicapped child, and the degree to
which the programs, services, and resources are appropriate;
and
37
(F) understand the provisions for the education of handi-
capped children as specified under part B of this Act.
(6) Each private nonprofit organization operating a program re-
ceiving assistance under this subsection shall consult with appro-
priate agencies which serve or assist handicapped children and
youth and are located in the jurisdictions served by the program.
(7) The Secretary shall provide technical assistance, by grant or
contract, for establishing, developing, and coordinating parent
training and information programs.
(20 U.S.C. 1431) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 631, 84 Stat.
184; amended December 2, 1983, P.L. 98-199, sec. 11, 97 Stat. 1369.
GRANTS TO STATE EDUCATIONAL AGENCIES FOR TRAINEESHIPS
SEC. 632. The Secretary shall make grants to State educational
agencies to assist them in establishing and maintaining, directly or
through grants to institutions of higher education, programs for
the preservice and inservice training of teachers of handicapped
children, or supervisors of such teachers.
(20 U.S.C. 1432) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 632, 84 Stat.
184; amended December 2, 1983, P.L. 98-199, sec. 11, 97 Stat. 1371.
GRANTS TO IMPROVE RECRUITMENT OF EDUCATIONAL PERSONNEL AND
DISSEMINATION OF INFORMATION CONCERNING EDUCATIONAL
OPPORTUNITIES FOR THE HANDICAPPED
SEC. 633. (a) The Secretary is authorized to make a grant to or
enter into a contract with a public agency or a nonprofit private
organization or institution for a national clearinghouse on the edu-
cation of the handicapped and to make grants or contracts with a
public agency or a nonprofit private organization or institution for
other support projects which may be deemed necessary by the Sec-
retary to achieve the following objectives:
(1) to disseminate information and provide technical assist-
ance on a national basis to parents, professionals, and other in-
terested parties concerning-
(A) programs relating to the education of the handi-
capped under this Act and and under other Federal laws;
and
(B) participation in such programs, including referral of
individuals to appropriate national, State, and local agen-
cies and organizations for further assistance;
(2) to encourage students and professional personnel to seek
and obtain careers and employment in the various fields relat-
ing to the education of handicapped children and youth; and
(3) to provide information on available services and programs
in postsecondary education for the handicapped.
(b) In addition to the clearinghouse established under subsection
(a), the Secretary shall make a grant or enter into a contract for a
national clearinghouse on postsecondary education for handicapped
individuals for the purpose of providing information on available
services and programs in postsecondary education for the handi-
capped.
(c)(1) In awarding the grants and contracts under this section,
the Secretary shall give particular attention to any demonstrated
38
experience at the national level relevant to performance of the
functions established in the section, and ability to conduct such
projects, communicate with the intended consumers of information,
and maintain the necessary communication with other agencies
and organizations.
(2) The Secretary is authorized to make contracts with profitmak-
ing organizations under this section only when necessary for mate-
rials or media access.
(20 U.S.C. 1433) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 633, 84 Stat.
184; amended December 2, 1983, P.L. 98-199, sec. 11, 97 Stat. 1371.
REPORTS TO THE SECRETARY
SEC. 634. (a) Not more than sixty days after the end of any fiscal
year, each recipient of a grant or contract under this part during
such fiscal year shall prepare and submit a report to the Secretary.
Each such report shall be in such form and detail as the Secretary
determines to be appropriate, and shall include-
(1) the number of individuals trained under the grant or con-
tract, by category of training and level of training; and
(2) the number of individuals trained under the grant or con-
tract receiving degrees and certification, by category and level
of training.
(b) A summary of the date required by this section shall be in-
cluded in the annual report of the Secretary under section 618 of
this Act.
(20 U.S.C. 1434) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 634, 84 Stat.
185; amended December 2, 1983, P.L. 98-199, sec. 11, 97 Stat. 1372.
AUTHORIZATION OF APPROPRIATIONS
SEC. 635. (a) There are authorized to be appropriated to carry out
the provisions of this part (other than section 633) $58,000,000 for
fiscal year 1984, $61,150,000 for fiscal year 1985, and $64,370,000 for
fiscal year 1986. There are authorized to be appropriated to carry
out the provisions of section 633, $1,000,000 for fiscal year 1984,
$1,050,000 for fiscal year 1985, and $1,110,000 for fiscal year 1986.
(b) Of the funds appropriated pursuant to subsection (a) for any
fiscal year, the Secretary shall reserve 10 per centum for activities
under section 631(c).
(20 U.S.C. 1435) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 635, 84 Stat.
185; amended December 2, 1983, P.L. 98-199, sec. 11, 97 Stat. 1372.
PART E-RESEARCH IN THE EDUCATION OF THE HANDICAPPED
RESEARCH AND DEMONSTRATION PROJECTS IN EDUCATION OF
HANDICAPPED CHILDREN
SEC. 641. (a) The Secretary is authorized to make grants to, or
enter into contracts or cooperative agreements with, State and
local educational agencies, institutions of higher education, and
other public agencies and nonprofit private organizations for re-
search and related activities, to assist special education personnel,
related services personnel, and other appropriate persons, includ-
ing parents, in improving the education and related services for
handicapped children and youth and to conduct research, surveys,
39
or demonstrations relating to the education of handicapped chil-
dren and youth. Research and related activities shall be designed
to increase knowledge and understanding of handicapping condi-
tions and teaching, learning, and education-related practices and
services for handicapped children and youth. Research and related
activities assisted under this section shall include, but not be limit-
ed to, the following:
(1) The development of new and improved techniques and de-
vices for teaching handicapped children and youth.
(2) The development of curricula which meet the unique edu-
cational needs of handicapped children and youth.
(3) The application of new technologies and knowledge for
the purpose of improving the instruction of handicapped chil-
dren and youth.
(4) The development of program models and exemplary prac-
tices in areas of special education.
(5) The dissemination of information on research and related
activities conducted under this part to interested individuals
and organizations.
(b) In carrying out this section the Secretary shall consider the
special education experience of the applicant and the ability of the
applicant to disseminate the findings of any grant or contract.
(c) The Secretary shall publish proposed research priorities in the
Federal Register every two years, not later than July 1, and shall
allow a period of sixty days for public comments and suggestions.
After analyzing and considering the public comments, the Secre-
tary shall publish final research priorities in the Federal Register
not later than thirty days after the close of the comment period.
(d) The Secretary shall provide an index (including the title of
each research project and the name and address of the researching
organization) of all research projects conducted in the prior fiscal
year in the annual report described under section 618. The Secre-
tary shall make reports of research projects available to the educa-
tion community at large and to other interested parties.
(e) The Secretary shall coordinate the research priorities estab-
lished under this section with research priorities established by the
National Institute of Handicapped Research and shall provide in-
formation concerning research priorities established under this sec-
tion to the National Council on the Handicapped and to the Na-
tional Advisory Committee on the Education of Handicapped Chil-
dren.
(20 U.S.C. 1441) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 641, 84 Stat.
185; amended June 17, 1977, P.L. 95-49, sec. 4, 91 Stat. 230; amended December 2,
1983, P.L. 98-199, sec. 12, 97 Stat. 1372.
RESEARCH AND DEMONSTRATION PROJECTS IN PHYSICAL EDUCATION
AND RECREATION FOR HANDICAPPED CHILDREN
SEC. 642. The Secretary is authorized to make grants to States,
State or local educational agencies, institutions of higher educa-
tion, and other public or nonprofit private educational or research
agencies and organizations, and to make contracts with States,
State or local educational agencies, institutions of higher educa-
tion, and other public or private educational or research agencies
and organizations, for research and related purposes relating to
40
physical education or recreation for handicapped children, and to
conduct research, surveys, or demonstrations relating to physical
education or recreation for handicapped children.
(20 U.S.C. 1442) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 642, 84 Stat.
185; amended December 2, 1983, P.L. 98-199, sec. 12, 97 Stat. 1373.
PANELS OF EXPERTS
SEC. 643. The Secretary shall from time to time appoint panels of
experts who are competent to evaluate various types of proposals
for projects under parts C, D, E, and F, and shall secure the advice
and recommendations of one such panel before making any grant
or contract under parts C, D, E, and F of this Act. The panels shall
be composed of-
(1) individuals from the field of special education for the
handicapped and other relevant disciplines who have signifi-
cant expertise and experience in the content areas and age
levels addressed in the proposals; and
(2) handicapped individuals and parents of handicapped indi-
viduals when appropriate.
(20. U.S.C. 1443) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 643, 84 Stat.
185; amended December 2, 1983, P.L. 98-199, sec. 12, 97 Stat. 1373.
AUTHORIZATION OF APPROPRIATIONS
SEC. 644. For purposes of carrying out this part, there are author-
ized to be appropriated $20,000,000 for fiscal year 1984, $21,100,000
for fiscal year 1985, and $22,200,000 for fiscal year 1986.
(20 U.S.C. 1444) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 644, 84 Stat.
186; amended August 21, 1974, P.L. 93-380, sec. 619, 88 Stat. 585; amended June 17,
1977, P.L. 95-49, sec. 5, 91 Stat. 231; amended December 2, 1983, P.L. 98-199, sec. 12,
97 Stat. 1374.
PART F-INSTRUCTIONAL MEDIA FOR THE HANDICAPPED
PURPOSE
SEC. 651. (a) The purposes of this part are to promote-
(1) the general welfare of deaf persons by (A) bringing to
such persons understanding and appreciation of those films
which play such an important part in the general and cultural
advancement of hearing persons, (B) providing through these
films enriched educational and cultural experiences through
which deaf persons can be brought into better touch with the
realities of their environment, and (C) providing a wholesome
and rewarding experience which deaf persons may share to-
gether; and
(2) the educational advancement of handicapped persons by
(A) carrying on research in the use of educational media for
the handicapped, (B) producing and distributing educational
media for the use of handicapped persons, their parents, their
actual or potential employers, and other persons directly in-
volved in work for the advancement of the handicapped, and
(C) training persons in the use of educational media for the in-
struction of the handicapped.
41
(20 U.S.C. 1451) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 651, 84 Stat.
186.
CAPTIONED FILMS AND EDUCATIONAL MEDIA FOR HANDICAPPED
PERSONS
SEC. 652. (a) The Secretary shall establish a loan service of cap-
tioned films and educational media for the purpose of making such
materials available in the United States for nonprofit purposes to
handicapped persons, parents of handicapped persons, and other
persons directly involved in activities for the advancement of the
handicapped in accordance with regulations.
(b) The Secretary is authorized to-
(1) acquire films (or rights thereto) and other educational
media by purchase, lease, or gift;
(2) acquire by lease or purchase equipment necessary to the
administration of this part;
(3) provide, by grant or contract, for the captioning of films;
(4) provide, by grant or contract, for the distribution of cap-
tioned films and other educational media and equipment
through State schools for the handicapped and such other
agencies as the Secretary may deem appropriate to serve as
local or regional centers for such distribution;
(5) provide, by grant or contract, for the conduct of research
in the use of educational and training films and other educa-
tional media for the handicapped, for the production and dis-
tribution of educational and training films and other educa-
tional media for the handicapped and the training of persons
in the use of such films and media, including the payment to
those persons of such stipends (including allowances for travel
and other expenses of such persons and their dependents) as he
may determine, which shall be consistent with prevailing prac-
tices under comparable federally supported programs;
(6) utilize the facilities and services of other governmental
agencies; and
(7) accept gifts, contributions, and voluntary and uncompen-
sated services of individuals and organizations.
(20 U.S.C. 1452) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 652, 84 Stat.
186; amended August 21, 1974, P.L. 93-380, sec. 620, 88 Stat. 685; amended October
12, 1976, P.L. 94-482, Title V, Part A, Sec. 501(h), 90 Stat. 2237.
CENTERS ON EDUCATIONAL MEDIA AND MATERIALS FOR THE
HANDICAPPED
SEC. 653. (a) The Secretary is authorized to enter into agreements
with institutions of higher education, State and local educational
agencies, or other appropriate nonprofit agencies, for the establish-
ment and operation of centers on educational media and materials
for the handicapped, which together will provide a comprehensive
program of activities to facilitate the use of new educational tech-
nology in education programs for handicapped persons, including
designing, developing, and adapting instructional materials, and
such other activities consistent with the purposes of this part as
the Secretary may prescribe in such agreements. Any such agree-
ment shall-
42
(1) provide that Federal funds paid to a center will be used
solely for such purposes as are set forth in the agreement; and
(2) authorize the center involved, subject to prior approval by
the Secretary, to contract with public and private agencies and
organizations for demonstration projects.
(b) In considering proposals to enter into agreements under this
section, the Secretary shall give preference to institutions and
agencies-
(1) which have demonstrated the capabilities necessary for
the development and evaluation of educational media for the
handicapped; and
(2) which can serve the educational technology needs of the
Model High School for the Deaf (established under Public Law
89-694).
(c) The Secretary shall make an annual report on activities car-
ried out under this section which shall be transmitted to the Con-
gress.
(20 U.S.C. 1453) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 653, 84 Stat.
187, amended November 29, 1975, P.L. 94-142, sec. 6 (b), 89 Stat. 795.
AUTHORIZATION OF APPROPRIATIONS
SEC. 654. For the purposes of carrying out this part, there are au-
thorized to be appropriated $19,000,000 for fiscal year 1984,
$20,000,000 for fiscal year 1985, and $21,100,000 for fiscal year 1986.
(20 U.S.C. 1454) Enacted April 13, 1970, P.L. 91-230, Title VI, sec. 654, 84 Stat.
187; amended August 21, 1974, P.L. 93-380, sec. 620(2), 88 Stat. 585; amended June
17, 1977, P.L. 95-49, sec. 6, 91 Stat. 231; amended December 2, 1983, P.L. 98-199, sec.
13, 97 Stat. 1374.
PART II-REHABILITATION ACT OF 1973
(As Amended by Public Law 98-221)
TABLE OF CONTENTS
Sec. 2. Declaration of purpose.
Sec. 3. Rehabilitation Services Administration.
Sec. 4. Advance funding.
Sec. 5. Joint funding.
Sec. 6. Consolidated rehabilitation plan.
Sec. 7. Definitions.
Sec. 8. Allotment percentage.
Sec. 9. Audit.
Sec. 10. Nonduplication.
Sec. 11. Application of other laws.
Sec. 12. Administration of the Act.
Sec. 13. Reports.
Sec. 14. Evaluation.
Sec. 15. Information clearinghouse.
Sec. 16. Transfer of funds.
TITLE I-VOCATIONAL REHABILITATION SERVICES
PART A-GENERAL PROVISIONS
Sec. 100. Declaration of purpose; authorization of appropriations.
Sec. 101. State plans.
Sec. 102. Individualized written rehabilitation program.
Sec. 103. Scope of vocational rehabilitation services.
Sec. 104. Non-Federal share for construction.
PART B-BASIC VOCATIONAL REHABILITATION SERVICES
Sec. 110. State allotments.
Sec. 111. Payments to States.
Sec. 112. Client assistance program.
PART C-INNOVATION AND EXPANSION GRANTS
Sec. 120. State allotments.
Sec. 121. Payments to States.
PART D-AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES
Sec. 130. Vocational rehabilitation services grants.
Sec. 131. Evaluation.
TITLE II-RESEARCH
Sec. 200. Declaration of purpose.
Sec. 201. Authorization of appropriations.
Sec. 202. National Institute of Handicapped Research.
Sec. 203. Interagency committee.
Sec. 204. Research.
TITLE III-SUPPLEMENTARY SERVICES AND FACILITIES
PART A-MISCELLANEOUS PROGRAMS
Sec. 300. Declaration of purpose.
Sec. 301. Grants for construction of rehabilitation facilities.
Sec. 302. Vocational Training Services for handicapped individuals.
Sec. 303. Loan guarantees for rehabilitation facilities.
Sec. 304. Training.
Sec. 305. Comprehensive rehabilitation centers.
Sec. 306. General grant and contract requirements.
(43)
44
PART B-SPECIAL PROJECTS
Sec. 310. Authorization of appropriations.
Sec. 311. Special demonstration programs.
Sec. 312. Migratory workers.
Sec. 314. Reader services for the blind.
Sec. 315. Interpreter services for the deaf.
Sec. 316. Special Recreational Programs.
TITLE IV-NATIONAL COUNCIL ON THE HANDICAPPED
Sec. 400. Establishment of National Council on the Handicapped.
Sec. 401. Duties of National Council.
Sec. 402. Compensation of National Council members.
Sec. 403. Staff of National Council.
Sec. 404. Administrative powers of National Council.
Sec. 405. Authorization of appropriations.
TITLE V-MISCELLANEOUS
Sec. 500. Effect on existing laws.
Sec. 501. Employment of handicapped individuals.
Sec. 502. Architectural and Transportation Barriers Compliance Board.
Sec. 503. Employment under Federal contracts.
Sec. 504. Nondiscrimination under Federal grants.
Sec. 505. Remedies and attorneys' fees.
Sec. 506. Secretarial responsibilities.
Sec. 507. Interagency Coordinating Council.
TITLE VI-EMPLOYMENT OPPORTUNITIES FOR HANDICAPPED
INDIVIDUALS
Sec. 601. Short title.
PART A-COMMUNITY SERVICE EMPLOYMENT PROGRAMS FOR HANDICAPPED
INDIVIDUALS
Sec. 611. Establishment of program.
Sec. 612. Administration.
Sec. 613. Participants not Federal employees.
Sec. 614. Interagency cooperation.
Sec. 615. Equitable distribution of assistance.
Sec. 616. Definitions.
Sec. 617. Authorization of appropriations.
PART B-PROJECTS WITH INDUSTRY AND BUSINESS OPPORTUNITIES FOR HANDICAPPED
INDIVIDUALS
Sec. 621. Projects with industry.
Sec. 622. Business opportunities for handicapped individuals.
Sec. 623. Authorization of appropriations.
TITLE VII-COMPREHENSIVE SERVICES FOR INDEPENDENT LIVING
PART A-COMPREHENSIVE SERVICES
Sec. 701. Purpose.
Sec. 702. Eligibility.
Sec. 703. Allotments.
Sec. 704. Payments to States from allotments.
Sec. 705. State plans.
PART B-INDEPENDENT LIVING CENTERS
Sec. 711. Grant program established.
PART C-INDEPENDENT LIVING SERVICES FOR OLDER BLIND INDIVIDUALS
Sec. 721. Service program established.
PART D-GENERAL PROVISIONS
Sec. 731. Protection and advocacy of individual rights.
Sec. 732. Employment of handicapped individuals.
45
PART E-AUTHORIZATIONS
Sec. 741. Authorization of appropriations.
DECLARATION OF PURPOSE
SEC. 2. The purpose of this Act is to develop and implement,
through research, training, services, and the guarantee of equal op-
portunity, comprehensive and coordinated programs of vocational
rehabilitation and independent living.
REHABILITATION SERVICES ADMINISTRATION
SEC. 3. (a) There is established in the Office of the Secretary a
Rehabilitation Services Administration which shall be headed by a
Commissioner (hereinafter in this Act referred to as the "Commis-
sioner") appointed by the President by and with the advice and
consent of the Senate. Except for titles IV and V and Part A of
title VI and as otherwise specifically provided in this Act, such Ad-
ministration shall be the principal agency, and the Commissioner
shall be the principal officer, of such Department for carrying out
this Act. In the performance of his functions, the Commissioner
shall be directly responsible to the Secretary or to the Under Secre-
tary or an appropriatè Assistant Secretary of such Department, as
designated by the Secretary. The functions of the Commissioner
shall not be delegated to any officer not directly responsible, both
with respect to program operation and administration, to the Com-
missioner. Any reference in this Act to duties to be carried out by
the Commissioner shall be considered to be a reference to duties to
be carried out by the Secretary acting through the Commissioner.
In carrying out any of his functions under this Act, the Commis-
sioner shall be guided by general policies of the National Council
on the Handicapped established under Title IV of this Act.
(b) The Secretary shall take whatever action is necessary to
insure that funds appropriated pursuant to this Act, as well as un-
expended appropriations for carrying out the Vocational Rehabili-
tation Act (29 U.S.C. 31-42), are expended only for the programs,
personnel, and administration of programs carried out under this
Act.
ADVANCE FUNDING
SEC. 4. (a) For the purpose of affording adequate notice of fund-
ing available under this Act, appropriations under this Act are au-
thorized to be included in the appropriation Act for the fiscal year
preceding the fiscal year for which they are available for obliga-
tion.
(b) In order to effect a transition to the advance funding method
of timing appropriation action, the authority provided by subsec-
tion (a) of this section shall apply notwithstanding that its initial
application will result in the enactment in the same year (whether
in the same appropriation Act or otherwise) of two separate appro-
priations, one for the then current fiscal year and one for the suc-
ceeding fiscal year.
46
JOINT FUNDING
SEC. 5. Pursuant to regulations prescribed by the President, and
to the extent consistent with the other provisions of this Act,
where funds are provided for a single project by more than one
Federal agency to an agency or organization assisted under this
Act, the Federal agency principally involved may be designated to
act for all in administering the funds provided, and, in such cases,
a single non-Federal share requirement may be established accord-
ing to the proportion of funds advanced by each agency. When the
principal agency involved is the Rehabilitation Services Adminis-
tration, it may waive any grant or contract requirement (as defined
by such regulations) under or pursuant to any law other than this
Act, which requirement is inconsistent with the similar require-
ments of the administering agency under or pursuant to this Act.
CONSOLIDATED REHABILITATION PLAN
SEC. 6. (a) In order to secure increased flexibility to respond to
the varying needs and local conditions within the State, and in
order to permit more effective and interrelated planning and oper-
ation of its rehabilitation programs, the State may submit a con-
solidated rehabilitation plan which includes the State's plan under
section 101(a) of this Act and its program for persons with develop-
mental disabilities under the Development Disabilities Services and
Facilities Construction Amendments of 1970: Provided, That the
agency administering such State's program under such Act concurs
in the submission of such a consolidated rehabilitation plan.
(b) Such a consolidated rehabilitation plan must comply with,
and be administered in accordance with, all the requirements of
this Act and the Developmental Disabilities Services and Facilities
Construction Amendments of 1970. If the Secretary finds that all
such requirements are satisfied, he may approve the plan to serve
in all respects as the substitute for the separate plans which would
otherwise be required with respect to each of the programs includ-
ed therein, or he may advise the State to submit separate plans for
such programs.
(c) Findings of noncompliance in the administration of an ap-
proved consolidated rehabilitation plan, and any reduction, suspen-
sions, or terminations of assistance as a result thereof, shall be car-
ried out in accordance with the procedures set forth in subsection
(c) and (d) of section 101 of this Act.
DEFINITIONS
SEC. 7. For the purposes of this Act:
(1) The term "construction" means the construction of new build-
ings, the acquisition, expansion, remodeling, alteration, and ren-
ovation of existing buildings, and initial equipment of such build-
ings, and the term "cost of construction" includes architects' fees
and acquisition of land in connection with construction but does
not include the cost of offsite improvements.
(2) The term "criminal act" means any crime, including an act,
omission, or possession under the laws of the United States or a
State or unit of general local government which poses a substantial
47
threat of personal injury, notwithstanding that by reason of age,
insanity, intoxication or otherwise the person engaging in the act,
omission, or possession was legally incapable of committing a
crime.
(3) The term "designated State unit" means (A) any State agency
unit required under section 101(a)(2)(A) of this Act, or (B) in cases
in which no such unit is so required, the State agency described in
section 101(a)(B)(i) of this Act.
(4) The term "establishment of a rehabilitation facility" means
the acquisition, expansion, remodeling, or alteration of existing
buildings necessary to adapt them to rehabilitation facility pur-
poses or to increase their effectiveness for such purposes (subject,
however, to such limitations as the Secretary may determine, in ac-
cordance with regulations he shall prescribe, in order to prevent
impairment of the objectives of, or duplication of, other Federal
laws providing Federal assistance in the construction of such facili-
ties), and may include such additional equipment and staffing as
the Commissioner considers appropriate.
(5) The term "evaluation of rehabilitation potential" means, as
appropriate in each case;
(A) a preliminary diagnostic study to determine that the in-
dividual has a substantial handicap to employment, and that
vocational rehabilitation services are needed;
(B) a diagnostic study consisting of a comprehensive evalua-
tion of pertinent medical, psychiatric, psychological, vocational,
educational, cultural, social, and environmental factors which
bear on the individual's handicap to employment and rehabili-
tation potential including, to the degree needed, an evaluation
of the individual's personality, intelligence level, educational
achievements, work experience, vocational aptitudes and inter-
ests, personal and social adjustments, employment opportuni-
ties, and other pertinent data helpful in determining the
nature and scope of services needed;
(C) an appraisal of the individual's patterns of work behavior
and ability to acquire occupational skill, and to develop work
attitudes, work habits, work tolerance, and social and behavior
patterns suitable for successful job performance, including the
utilization of work, simulated or real, to assess and develop the
individual's capacities to perform adequately in a work envi-
ronment;
(D) any other goods or services provided for the purposes of
ascertaining the nature of the handicap and whether it may rea-
sonably be expected that the individual can benefit from voca-
tional rehabilitation services;
(E) referral;
(F) the administration of these evaluation services; and
(G)(i) the provision of vocational rehabilitation services to
any individual for a total period not in excess of eighteen
months for the purpose of determining whether such individ-
ual is a handicapped individual, a handicapped individual for
whom a vocational goal is not possible or feasible (as deter-
mined in accordance with section 102(c)), or neither such indi-
vidual; and (ii) an assessment, at least once in every ninety-day
period during which such services are provided, of the results
48
of the provision of such services to an individual to ascertain
whether any of the determinations described in subclause (i)
may be made.
(6) The term "Federal share" means 80 per centum, except that
it shall mean 90 per centum for the purposes of part C of title I of
this Act and as specifically set forth in section 301(b)(3); Provided,
That with respect to payments pursuant to part B of title I of this
Act to any State which are used to meet the costs of construction of
those rehabilitation facilities identified in section 103(b)(2) in such
State, the Federal share shall be the percentages determined in ac-
cordance with the provisions of section 301(b)(3) applicable with re-
spect to the State and that, for the purpose of determining the non-
Federal share with respect to any State, expenditures by a political
subdivision thereof or by a local agency shall, subject to such limi-
tations and conditions as the Secretary shall by regulation pre-
scribe, be regarded as expenditures by such State.
(7)(A) Except as otherwise provided in subparagraph (B), the term
"handicapped individual" means any individual who (i) has a phys-
ical or mental disability which for such individual constitutes or re-
sults in a substantial handicap to employment and (ii) can reason-
ably be expected to benefit in terms of employability from vocation-
al rehabilitation services provided pursuant to titles I and III of
this Act.
(B) Subject to the second sentence of this subparagraph, the term
"handicapped individual' means, for purposes of titles IV and V of
this Act, any person who (i) has a physical or mental impairment
which substantially limits one or more of such person's major life
activities (ii) has a record of such an impairment, or (iii) is regard-
ed as having such an impairment. For purposes of sections 503 and
504 as such sections relate to employment, such term does not in-
clude any individual who is an alcoholic or drug abuser whose cur-
rent use of alcohol or drugs prevents such individual from perform-
ing the duties of the job in question or whose employment, by
reason of such current alcohol or drug abuse, would constitute a
direct threat to property or the safety of others.
(8) The term "local agency" means an agency of a unit of general
local government or of an Indian tribal organization (or combina-
tion of such units or organizations) which has an agreement with
the State agency designated pursuant to section 101(a)(1) to conduct
a vocational rehabilitation program under the supervision of such
State agency in accordance with the State plan approved under sec-
tion 101. Nothing in the preceding sentence of this paragraph or in
section 101 shall be construed to prevent the local agency from uti-
lizing another local public or nonprofit agency to provide vocation-
al rehabilitation services: Provided, That such an arrangement is
made part of the agreement specified in this paragraph.
(9) The term "nonprofit", when used with respect to a rehabilita-
tion facility, means a rehabilitation facility owned and operated by
a corporation or association, no part of the net earnings of which
inures, or may lawfully inure, to the benefit of any private share-
holder or individual and the income of which is exempt from tax-
ation under section 501(c)(3) of the Internal Revenue Code of 1954.
49
(10) The term "public safety officer" means a person serving the
United States or a State or unit of general local government, with
or without compensation, in any activity pertaining to-
(A) the enforcement of the criminal laws, including highway
patrol, or the maintenance of civil peace by the National
Guard or the Armed Forces,
(B) a correctional program, facility, or institution where the
activity is potentially dangerous because of contact with crimi-
nal suspects, defendants, prisoners, probationers, or parolees,
(C) a court having criminal or juvenile delinquent jurisdic-
tion where the activity is potentially dangerous because of con-
tact with criminal suspects, defendants, prisoners, probation-
ers, or parolees, or
(D) firefighting, fire prevention, or emergency rescue mis-
sions.
(11) The term "rehabilitation facility" means a facility which is
operated for the primary purpose of providing vocational rehabili-
tation services to handicapped individuals, and which provides
singly or in combination one or more of the following services for
handicapped individuals: (A) vocational rehabilitation services
which shall include, under one management, medical, psychiatric,
psychological, social, and vocational services, (B) 1 testing, fitting,
or training in the use of prosthetic and orthotic devices, (C) prevo-
cational conditioning or recreational therapy, (D) physical and oc-
cupational therapy, (E) speech and hearing therapy, (F) psychologi-
cal and social services, (G) evaluation of rehabilitation potential,
(H) personal and work adjustment, (I) vocational training with a
view toward career advancement (in combination with other reha-
bilitation services), (J) evaluation or control of specific disabilities,
(K) orientation and mobility services to the blind, and (L) extended
employment for those handicapped individuals who cannot be read-
ily absorbed in the competitive labor market, except that all medi-
cal and related health services must be prescribed by, or under the
formal supervision of, persons licensed to prescribe or supervise the
provisions of such services in the State.
(12) The term "Secretary", except when the context otherwise re-
quires, means the Secretary of Education.
(13) The term "severe handicap" means the disability which re-
quires multiple services over an extended period of time and re-
sults from amputation, blindness, cancer, cerebral palsy, cystic fi-
brosis, deafness, heart disease, hemiplegia, mental retardation,
mental illness, multiple sclerosis, muscular dystrophy, neurological
disorders (including stroke and epilepsy), paraplegia, quadriplegia
and other spinal cord conditions, renal failure, respiratory or pul-
monary dysfunction, and any other disability specified by the Sec-
retary in regulations he shall prescribe.
(14) The term "State" includes the District of Columbia, the
Virgin Islands, Puerto Rico, Guam, American Samoa, and the
Trust Territory of the Pacific Islands, and for the purposes of
American Samoa and the Trust Territory of the Pacific Islands, the
1 Public Law 95-602, because of a technical error, amended subparagraph (B) by the insertion
of "psychiatric." Public Law 95-602 should have amended subparagraph (F) by the insertion of
"psychiatric," before "psychological".
50
appropriate State agency designated as provided in section 101(a)(1)
shall be the Governor of American Samoa or the High Commission-
er of the Trust Territory of the Pacific Islands, as the case may be.
(15) The term "vocational rehabilitation services" means those
services identified in section 103 which are provided to handi-
capped individuals under this Act.
ALLOTMENT PERCENTAGE
SEC. 8. (a)(1) The allotment percentage for any State shall be 100
per centum less that percentage which bears the same ratio to 50
per centum as the per capita income of such State bears to the per
capita income of the United States, except that (A) the allotment
percentage shall in no case be more than 75 per centum or less
than 33½ per centum, and (B) the allotment percentage for the
District of Columbia, Puerto Rico, Guam, the Virgin Islands, Amer-
ican Samoa, and the Trust Territory of the Pacific Islands shall be
75 per centum.
(2) The allotment percentages shall be promulgated by the Secre-
tary between October 1 and December 31 of each even-numbered
year, on the basis of the average of the per capita incomes of the
States and of the United States for the three most recent consecu-
tive years for which satisfactory data are available from the De-
partment of Commerce. Such promulgation shall be conclusive for
each of the two fiscal years in the period beginning on the October
1 next succeeding such promulgation.
(3) The term "United States" means (but only for purposes of
this subsection) the fifty States and the District of Columbia.
(b) The population of the several States and of the United States
shall be determined on the basis of the most recent data available,
to be furnished by the Department of Commerce by October 1 of
the year preceding the fiscal year for which funds are appropriated
pursuant to statutory authorizations.
AUDIT
SEC. 9. Each recipient of a grant or contract under this Act shall
keep such records as the Secretary may prescribe, including
records, which fully disclose the amount and disposition by such re-
cipient of the proceeds of such grant or contract, the total cost of
the project or undertaking in connection with which such grant or
contract is made or funds thereunder used, the amount of that por-
tion of the cost of the project or undertaking supplied by other
sources and such records as will facilitate an effective audit. The
Secretary and the Comptroller General of the United States, or any
of their duly authorized representatives, shall have access for the
purpose of audit and examination to any books, documents, papers,
and records of the recipient of any grant or contract under this Act
which are pertinent to such grant or contract.
NONDUPLICATION
SEC. 10. In determining the amount of any State's Federal share
of expenditures for planning, administration, and services incurred
by it under a State plan approved in accordance with section 101,
51
there shall be disregarded (1) any portion of such expenditures
which are financed by Federal funds provided under any other pro-
vision of law, and (2) the amount of any non-Federal funds required
to be expended as a condition of receipt of such Federal funds. No
payment may be made from funds provided under one provision of
this Act relating to any cost with respect to which any payment is
made under any other provision of this Act, except that this section
shall not be construed to limit or reduce fees for services rendered
by rehabilitation facilities.
APPLICATION OF OTHER LAWS
SEC. 11. The provisions of the Act of December 5, 1974 (Public
Law 93-510) and of title V of the Act of October 15, 1977 (Public
Law 95-134) shall not apply to the administration of the provisions
of this Act or to the administration of any program or activity
under this Act.
ADMINISTRATION OF THE ACT
SEC. 12. (a) In carrying out the purposes of this Act, the Commis-
sioner may-
(1) provide consultative services and technical assistance to
public or nonprofit private agencies and organizations;
(2) provide short-term training and technical instruction;
(3) conduct special projects and demonstrations;
(4) collect, prepare, publish, and disseminate special educa-
tional or informational materials, including reports of the
projects for which funds are provided under the Act; and
(5) provide staff and other technical assistance to the Nation-
al Council on the Handicapped.
(b) In carrying out his duties under this Act, the Commissioner
may utilize the services and facilities of any agency of the Federal
Government and of any other public or nonprofit agency or organi-
zation, in accordance with agreements between the Commissioner
and the head thereof, and may pay therefor, in advance or by way
of reimbursement, as may be provided in the agreement.
(c) The Commissioner may promulgate such regulations as he
considers appropriate to carry out his duties under this Act.
(d) There are authorized to be appropriated to carry out this sec-
tion such sums as may be necessary.
REPORTS
SEC. 13. Not later than one hundred and twenty days after the
close of each fiscal year, the Commissioner shall prepare and
submit to the President for transmittal to the Congress a full com-
plete report on the activities carried out under this Act. The Com-
missioner shall annually collect information on each client whose
case is closed out in the preceding fiscal year and include the infor-
mation in the report required by this section. The information shall
set forth a complete count of such cases in a manner permitting the
greatest possible cross-classification of data. The data elements
shall include, but not be limited to, age, sex, race, ethnicity, educa-
tion, type of disability, severity of disability, key rehabilitation proc-
52
ess dates, earnings at time of entry into program and at closure,
work status, occupation, cost of case services, types of services pro-
vided, types of facilities or agencies which furnished services and
whether each such facility or agency is public or private, and rea-
sons for closure. The Commissioner shall take whatever action is
necessary to assure that the identity of each client for which infor-
mation is supplied under this subsection is confidential. Such
annual reports shall also include statistical data reflecting services
and activities provided individuals during the preceding fiscal year.
EVALUATION
SEC. 14. (a) The Secretary shall evaluate the impact of all pro-
grams authorized by this Act, their general effectiveness in achiev-
ing stated goals, and their effectiveness in relation to their cost,
their impact on related programs, and their structure and mecha-
nisms for delivery of services, including, where appropriate, com-
parisons with appropriate control groups composed of persons who
have not participated in such programs. The Secretary shall estab-
lish and use standards for the evaluations required by this subsec-
tion. The standards shall, to the extent feasible, for all appropriate
programs include standards relating to the increases in employment
and earnings taking into account economic factors in the area to be
served by the program and the characteristics of the handicapped
individuals to be served. Evaluations shall be conducted by persons
not immediately involved in the administration of the program or
project evaluated.
(b) In carrying out evaluations under this section, the Secretary
shall, whenever possible, arrange to obtain the opinions of program
and project participants about the strengths and weaknesses of the
programs and projects.
(c) The Secretary shall annually publish summaries of the results
of evaluative research and evaluation of program and project
impact and effectiveness, the full contents of which shall be avail-
able to the Congress and the public.
(d) The Secretary shall take the necessary action to assure that
all studies, evaluations, proposals, and data produced or developed
with Federal funds shall become the property of the United States.
(e) Such information as the Secretary may deem necessary for
purposes of the evaluations conducted under this section shall be
made available to him, upon request by the departments and agen-
cies of the executive branch.
(f) There are authorized to be appropriated to carry out this sec-
tion such sums as may be necessary.
INFORMATION CLEARINGHOUSE
SEC. 15. (a) The Secretary shall 1 establish a central clearinghouse
for information and resource availability for handicapped individ-
uals which shall provide information and data regarding (1) the lo-
cation, provision, and availability of services and programs for
handicapped individuals, (2) research and recent medical and scien-
tific developments bearing on handicapping conditions (and their
1 P.L. 96-374 changed "may" to "shall."
53
prevention, amelioration, causes, and cures), and (3) the current
numbers of handicapped individuals and their needs. The clearing-
house shall also provide any other relevant information and data
which the Secretary considers appropriate.
(b) The Commissioner may assist the Secretary to develop within
the Department of Education a coordinated system of information
and data retrieval, which will have the capacity and responsibility
to provide information regarding the information and data referred
to in subsection (a) of this section to the Congress public and pri-
vate agencies and organizations, handicapped individuals and their
families, professionals in fields serving such individuals, and the
general public.
(c) The office established to carry out the provisions of this sec-
tion shall be known as the "Office of Information and Resources
for the Handicapped".
(d) There are authorized to be appropriated to carry out this sec-
tion such sums as may be necessary.
TRANSFER OF FUNDS
SEC. 16. No funds appropriated under this Act for any research
program or activity may be used for any purpose other than that
for which the funds were specifically authorized.
TITLE I-VOCATIONAL REHABILITATION SERVICES
PART A-GENERAL PROVISIONS
DECLARATION OF PURPOSE; AUTHORIZATION OF APPROPRIATIONS
SEC. 100. (a) The purpose of this title is to authorize grants to
assist States to meet the current and future needs of handicapped
individuals, so that such individuals may prepare for and engage in
gainful employment to the extent of their capabilities.
(b)(1)(A) For the purpose of making grants to States under part B
of this title (other than grants under section 112) to assist them in
meeting the costs of vocational rehabilitation services provided in
accordance with State plans under section 101, there is authorized
to be appropriated $1,037,800,000 for the fiscal year 1984, and the
amount determined under subsection (c) for each of the fiscal years
1985, 1986, and 1987.
(B) In addition, there are authorized to be appropriated for such
purpose such additional sums as may be necessary for each of the
fiscal years 1985 and 1986. Any amount appropriated pursuant to
this subparagraph shall be allocated in accordance with section
110(a)(4).
(C) In no event may the amount appropriated for the purpose of
making grants to States under part B of this title (other than sec-
tion 112) be more than $1,117,500,000 for the fiscal year 1985 and
$1,203,200,000 for the fiscal year 1986.
(2) For the purpose of allotments under section 120(a)(1), there are
authorized to be appropriated such sums as may be necessary for
each of the fiscal years 1984, 1985, and 1986.
54
There are further authorized to be appropriated for such purpose
for each such year such additional sums as the Congress may deter-
mine to be necessary.
(3) For the purpose of making grants to Indian tribes under part
D of this title, there are authorized to be appropriated for each of
the fiscal years 1984, 1985, and 1986, in addition to any other
amounts authorized to be appropriated under this section, such
sums as may be necessary for such fiscal year, but not more than
an amount equal to 1 percent of the amount appropriated for that
fiscal year under paragraph (1) of this subsection.
(c)(1) No later than November 15 of each fiscal year (beginning
with the fiscal year 1979), the Secretary of Labor shall publish in
the Federal Register the percentage change in the price index pub-
lished for October of the preceding fiscal year and October of the
fiscal year in which such publication is made.
(2)(A) If in any fiscal year the percentage change published under
paragraph (1) indicates an increase in the price index, then the
amount authorized to be appropriated under subsection (b)(1) for
the subsequent fiscal year is the amount authorized to be appropri-
ated for the fiscal year in which the publication is made under
paragraph (1) increased by such percentage change.
(B) If in any fiscal year the percentage change published under
paragraph (1) does not indicate an increase in the price index, then
the amount authorized to be appropriated under subsection (b)(1)
for the subsequent fiscal year is the amount authorized to be ap-
propriated for the fiscal year in which the publication is made
under paragraph (1).
(3) For purposes of this subsection, the term "price index" means
the Consumer Price Index for All Urban Consumers, published
monthly by the Bureau of Labor Statistics.
(d)(1) Unless the Congress in the regular session which ends prior
to the beginning of the terminal fiscal year-
"(A) of the authorization of appropriations for the program
authorized by the State grant program under part B of this
title; or
"(B) of the duration of the program authorized by the State
grant program under part B of this title;
either-
"(i) has passed or has formally rejected legislation which
would have the effect of extending the authorization or dura-
tion (as the case may be) of that program; or
"(ii) by action of either the House of Representatives or the
Senate, approves a resolution stating that the provisions of this
section shall no longer apply to such program;
such authorization or duration is automatically extended for one
additional fiscal year for the program authorized by this title. The
amount appropriated for the additional year shall be the amount
which the Congress could, under the terms of the law for which the
appropriation is made, have appropriated based upon the amount
authorized for fiscal year 1986 and the amount authorized under
subsection (c).
"(2)(A) For the purposes of subdivision (i) of paragraph (1), the
Congress shall not have been deemed to have passed legislation
unless such legislation becomes law.
55
"(B) In any case where the Commissioner is required under an ap-
plicable statute to carry out certain acts or make certain determina-
tions which are necessary for the continuation of the program au-
thorized by this title, if such acts or determinations are required
during the terminal year of such program, such acts and determina-
tions shall be required during any fiscal year in which that part of
paragraph (1) of this subsection which follows subdivision (ii) of
paragraph (1) is in operation."
STATE PLANS
SEC. 101. (a) In order to be eligible to participate in programs
under this title, a State shall submit to the Commissioner a State
plan for vocational rehabilitation services for a three-year period
and, upon request of the Commissioner, shall make such annual re-
visions in the plan as may be necessary. Each such plan shall-
(1)(A) designate a State agency as the sole State agency to admin-
ister the plan, or to supervise its administration by a local agency,
except that (i) where under the State's law the State agency for the
blind or other agency which provides assistance or services to the
adult blind, is authorized to provide vocational rehabilitation serv-
ices to such individuals, such agency may be designated as the sole
State agency to administer the part of the plan under which voca-
tional rehabilitation services are provided for the blind (or to su-
pervise the administration of such part by a local agency) and a
separate State agency may be designated as the sole State agency
with respect to the rest of the State plan, and (ii) the Commission-
er, upon the request of a State, may authorize such agency to share
funding and administrative responsibility with another agency of
the State or with a local agency in order to permit such agencies to
carry out a joint program to provide services to handicapped indi-
viduals, and may waive compliance with respect to vocational reha-
bilitation services furnished under such programs with the require-
ment of clause (4) of this subsection that the plan be in effect in all
political subdivisions of that State;
(B) provide that the State agency so designated to administer or
supervise the administration of the State plan, or (if there are two
State agencies designated under subclause (A) of this clause) to su-
pervise or administer the part of the State plan that does not
relate to services for the blind, shall be (i) a State agency primarily
concerned with vocational rehabilitation, or vocational and other
rehabilitation, of handicapped individuals, (ii) the State agency ad-
ministering or supervising the administration of education or voca-
tional education in the State, or (iii) a State agency which includes
at least two other major organizational units each of which admin-
isters one or more of the major public education, public health,
public welfare, or labor programs of the State;
(2) provide, except in the case of agencies described in clause
(1)(B)(i)-
(A) that the State agency designated pursuant to paragraph
(1) (or each State agency if two are so designated) shall include
a vocational rehabilitation bureau, division, or other organiza-
tional unit which (i) is primarily concerned with vocational re-
habilitation, or vocational and other rehabilitation, of handi-
56
capped individuals, and is responsible for the vocational reha-
bilitation program of such State agency, (ii) has a full-time di-
rector, and (iii) has a staff employed on such rehabilitation
work of such organizational unit all or substantially all of
whom are employed full time on such work; and
(B)(i) that such unit shall be located at an organizational
level and shall have an organizational status within such State
agency comparable to that of other major organizational units
of such agency, or (ii) in the case of an agency described in
clause (1)(B)(ii), either that such unit shall be so located and
have such status, or that the director of such unit shall be the
executive officer of such State agency; except that, in the case
of a State which has designated only one State agency pursu-
ant to clause (1) of this subsection, such State may, if it so de-
sires, assign responsibility for the part of the plan under which
vocational rehabilitation services are provided for the blind to
one organizational unit of such agency, and assign responsibil-
ity for the rest of the plan to another organizational unit of
such agency, with the provisions of this clause applying sepa-
rately to each of such units;
(3) provide for financial participation by the State, or if the State
so elects, by the State and local agencies to meet the amount of the
non-Federal share;
(4) provide that the plan shall be in effect in all political subdivi-
sions, except that in the case of any activity which, in the judg-
ment of the Commissioner, is likely to assist in promoting the voca-
tional rehabilitation of substantially larger numbers of handi-
capped individuals or groups of handicapped individuals the Com-
missioner may waive compliance with the requirement herein that
the plan be in effect in all political subdivisions of the State to the
extent and for such period as may be provided in accordance with
regulations prescribed by him, but only if the non-Federal share of
the cost of such vocational rehabilitation services is met from funds
made available by a local agency (including, to the extent permit-
ted by such regulations, funds contributed to such agency by a pri-
vate agency, organization, or individual);
(5)(A) contain the plans, policies, and methods to be followed in
carrying out the State plan and in its administration and supervi-
sion, including a description of the method to be used to expand
and improve services to handicapped individuals with the most
severe handicaps and a description of the method to be used to uti-
lize existing rehabilitation facilities to the maximum extent feasi-
ble; and, in the event that vocational rehabilitation services cannot
be provided to all eligible handicapped individuals who apply for
such services, show (i) the order to be followed in selecting individ-
uals to whom vocational rehabilitation services will be provided
and (ii) the outcomes and service goals and the time within which
they may be achieved, for the rehabilitation of such individuals,
which order of selection for the provision of vocational rehabilita-
tion services shall be determined on the basis of serving first those
individuals with the most severe handicaps and shall be consistent
with priorities in such order of selection so determined, and out-
come and service goals for serving handicapped individuals, estab-
lished in regulations prescribed by the Commissioner; and
57
(B) provide satisfactory assurances to the Commissioner that the
State has studied and considered a broad variety of means for pro-
viding services to individuals with the most severe handicaps;
(6)(A) provide for such methods of administration, other than
methods relating to the establishment and maintenance of person-
nel standards, as are found by the Commissioner to be necessary
for the proper and efficient administration of the plan (including a
requirement that the State agency and facilities in receipt of assist-
ance under this title shall take affirmative action to employ and
advance in employment qualified handicapped individuals covered
under, and on the same terms and conditions as set forth in, sec-
tion 503); and
(B) provide satisfactory assurances that facilities used in connec-
tion with the delivery of services assisted under the plan will
comply with the Act of August 12, 1968, commonly known as the
Architectural Barriers Act of 1968;
(7) contain (A) provisions relating to the establishment and main-
tenance of personnel standards, which are consistent with any
State licensure laws and regulations, including provisions relating
to the tenure, selection, appointment, and qualifications of person-
nel, (B) provisions relating to the establishment and maintenance
of minimum standards governing the facilities and personnel uti-
lized in and the provision of vocational rehabilitation services, but
the Commissioner shall exercise no authority with respect to the
selection, method of selection, tenure of office, or compensation of
any individual employed in accordance with such provision, and (C)
provisions relating to the establishment and maintenance of mini-
mum standards to assure the availability of personnel, to the maxi-
mum extent feasible, trained to communicate in the client's native
language or mode of communication;
(8) provide, at a minimum, for the provision of the vocational re-
habilitation services specified in clauses (1) through (3) of subsec-
tion (a) of section 103, and the remainder of such services specified
in such section after full consideration of eligibility for similar ben-
efits under any other program, except that, in the case of the voca-
tional rehabilitation services specified in clauses (4) and (5) of sub-
section (a) of such section, such consideration shall not be required
where it would delay the provision of such services to any individ-
ual;
(9) provide that (A) an individualized written rehabilitation pro-
gram meeting the requirements of section 102 will be developed for
each handicapped individual eligible for vocational rehabilitation
services under this Act, (B) such services will be provided under the
plan in accordance with such program, and (C) records of the char-
acteristics of each applicant will be kept, specifying, as to those in-
dividuals who apply for services under this title and are deter-
mined not to be eligible therefor, the reasons for such determina-
tions in such detail as required by the Commissioner in order for
him to analyze and evaluate annually the reasons for and numbers
of such ineligibility determinations as part of his responsibilities
under section 13, and that the State agency will at least annually
categorize and analyze such reasons and numbers and report this
information to the Commissioner and will, not later than 12
months after each such determination, review each such ineligibil-
45-277 85 - 3
58
ity determination in accordance with the criteria set forth in sec-
tion 102;
(10) provide that the State agency will make such reports in such
form, containing such information (including the data described in
subclause (C) of clause (9) of this subsection, periodic estimates of
the population of handicapped individuals eligible for services
under this Act in such State, specifications of the number of such
individuals who will be served with funds provided under this Act
and the outcomes and service goals to be achieved for such individ-
uals in each priority category specified in accordance with clause
(5) of this subsection, and the service costs for each such category),
and at such time as the Commissioner may require to carry out his
functions under this title, and comply with such provisions as he
may find necessary to assure the correctness and verification of
such reports;
(11) provide for entering into cooperative arrangements with, and
the utilization of the services and facilities of, the State agencies
administering the State's public assistance programs, other pro-
grams for handicapped individuals, veterans programs, manpower
programs, and public employment offices, and the Social Security
Administration of the Department of Health and Human Services,
the Veterans' Administration, and other Federal, State, and local
public agencies providing services related to the rehabilitation of
handicapped individuals (specifically including arrangements for
the coordination of services to individuals eligible for services
under this Act, the Education of the Handicapped Act, and the Vo-
cational Education Act);
(12)(A) provide satisfactory assurances to the Commissioner that,
in the provision of vocational rehabilitation services, maximum uti-
lization shall be made of public or other vocational or technical
training facilities or other appropriate resources in the community;
and
(B) provide (as appropriate) for entering into agreements with
the operators of rehabilitation facilities for the provision of services
for the rehabilitation of handicapped individuals;
(13)(A) provide that vocational rehabilitation services provided
under the State plan shall be available to any civil employee of the
United States disabled while in the performance of his duty on the
same terms and conditions as apply to other persons, and
(B) provide that special considerations will be given to the reha-
bilitation under this Act of a handicapped individual whose handi-
capping condition arises from a disability sustained in the line of
duty while such individual was performing as a public safety offi-
cer and the proximate cause of such disability was a criminal act,
apparent criminal act, or hazardous condition resulting directly
from the officer's performance of duties in direct connection with
the enforcement, execution, and administration of law or fire pre-
vention, firefighting, or related public safety activities;
(14) provide that no residence requirement will be imposed which
excludes from services under the plan any individual who is
present in the State;
(15) provide for continuing statewide studies of the needs of
handicapped individuals and how these needs may be most effec-
tively met (including the capacity and condition of rehabilitation
59
facilities, plans for improving such facilities, and policies for the
use thereof by the State agency); and review of the efficacy of the
criteria employed with respect to ineligibility determinations de-
scribed in subclause (C) of clause (9) of this subsection with a view
toward the relative need for services to significant segments of the
population of handicapped individuals and the need for expansion
of services to those individuals with the most severe handicaps;
(16) provide for (A) periodic review and reevaluation of the status
of handicapped individuals placed in extended employment in reha-
bilitation facilities (including workshops) to determine the feasibili-
ty of their employment, or training for employment, in the com-
petitive labor market, and (B) maximum efforts to place such indi-
viduals in such employment or training whenever it is determined
to be feasible;
(17) provide that where such State plan includes provisions for
the construction of rehabilitation facilities-
(A) the Federal share of the cost of construction thereof for a
fiscal year will not exceed an amount equal to 10 per centum
of the State's allotment for such year,
(B) the provision of section 306 shall be applicable to such
construction and such provisions shall be deemed to apply to
such construction, and
(C) there shall be compliance with regulations the Commis-
sioner shall prescribe designed to assure that no State will
reduce its efforts in providing other vocational rehabilitation
services (other than for the establishment of rehabilitation fa-
cilities) because its plan includes such provisions for construc-
tion;
(18) provide satisfactory assurances to the Commissioner that the
State agency designated pursuant to clause (1) (or each State
agency if two are so designated) and any sole local agency adminis-
tering the plan in a political subdivision of the State will take into
account, in connection with matters of general policy arising in the
administration of the plan, the views of individuals and groups
thereof who are recipients of vocational rehabilitation services (or,
in appropriate cases, their parents or guardians), personnel work-
ing in the field of vocational rehabilitation, and providers of voca-
tional rehabilitation services;
(19) provide satisfactory assurances to the Commissioner that the
continuing studies required under clause (15) of this subsection, as
well as an annual evaluation of the effectiveness of the program in
meeting the goals and priorities set forth in the plan, will form the
basis for the submission, from time to time as the Commissioner
may require, of appropriate amendments to the plan;
(20) provide satisfactory assurances to the Commissioner that,
except as otherwise provided in section 130, the State shall provide
vocational rehabilitation services to handicapped American Indians
residing in the State to the same extent as the State provides such
services to other significant segments of the population of handi-
capped individuals residing in the State;
(21) provide that the State agency has the authority to enter into
contracts with profitmaking organizations for the purpose of pro-
viding on-the-job training and related programs for handicapped in-
dividuals under part B of title VI upon a determination by such
60
agency that such profitmaking organizations are better qualified to
provide such rehabilitation services than nonprofit agencies and or-
ganizations; and
(22) provide for the establishment and maintenance of informa-
tion and referral programs (the staff of which shall include, to the
maximum extent feasible, interpreters for the deaf) in sufficient
numbers to assure that handicapped individuals within the State
are afforded accurate vocational rehabilitation information and ap-
propriate referrals to other Federal and State programs and activi-
ties which would benefit them.
(b) The Commissioner shall approve any plan which he finds ful-
fills the conditions specified in subsection (a) of this section, and he
shall disapprove any plan which does not fulfill such conditions.
Prior to such disapproval, the Commissioner shall notify a State of
his intention to disapprove its plan, and he shall afford such State
reasonable notice and opportunity for hearing.
(c)(1) Whenever the Commissioner, after reasonable notice and
opportunity for hearing to the State agency administering or super-
vising the administration of the State plan approved under this
section, finds that-
(A) the plan has been so changed that it no longer complies
with the requirements of subsection (a) of this section; or
(B) in the administration of the plan there is a failure to
comply substantially with any provision of such plan.
the Commissioner shall notify such State agency that no further
payments will be made to the State under this title (or, in his dis-
cretion, that such further payments will be reduced, in accordance
with regulations the Commissioner shall prescribe, or that further
payments will not be made to the State only for the projects under
the parts of the State plan affected by such failure), until he is sat-
isfied there is no longer any such failure. Until he is so satisfied,
the Commissioner shall make no further payments to such State
under this title (or shall limit payments to projects under those
parts of the State plan in which there is no such failure).
(2) The Commissioner may, in accordance with regulations the
Secretary shall prescribe, disburse any funds withheld from a State
under paragraph (1) to any public or nonprofit private organization
or agency within such State or to any political subdivision of such
State submitting a plan meeting the requirements of subsection (a).
The Commissioner may not make any payment under this para-
graph unless the entity to which such payment is made has provid-
ed assurances to the Commissioner that such entity will contribute,
for purposes of carrying out such plan, the same amount as the
State would have been obligated to contribute if the State received
such payment.
(d)(1) Any State which is dissatisfied with a final determination
of the Commissioner under subsection (b) or (c) may file a petition
for judicial review of such determination in the United States
Court of Appeals for the circuit in which the State is located. Such
a petition may be filed only within the thirty-day period beginning
on the date notice of such final determination was received by the
State. The clerk of the court shall transmit a copy of the petition to
the Commissioner or to any officer designated by him for that pur-
pose. In accordance with section 2112 of title 28, United States
61
Code, the Commissioner shall file with the court a record of the
proceeding on which he based the determination being appealed by
the State. Until a record is so filed, the Commissioner may modify
or set aside any determination made under such proceedings.
(2) If, in an action under this subsection to review a final deter-
mination of the Commissioner under subsection (b) or (c), the peti-
tioner or the Commissioner applies to the court for leave to have
additional oral submissions or written presentations made respect-
ing such determination, the court may, for good cause shown, order
the Commissioner to provide within thirty days an additional op-
portunity to make such submissions and presentations. Within
such period, the Commissioner may revise any findings of fact,
modify or set aside the determination being reviewed, or make a
new determination by reason of the additional submissions and
presentations, and shall file such modified or new determination,
and any revised findings of fact, with the return of such submis-
sions and presentations. The court shall thereafter review such
new or modified determination.
(3)(A) Upon the filing of a petition under paragraph (1) for judi-
cial review of a determination, the court shall have jurisdiction (i)
to grant appropriate relief as provided in chapter 7 of title 5,
United States Code, except for interim relief with respect to a de-
termination under subsection (c), and (ii) except as otherwise pro-
vided in subparagraph (B), to review such determination in accord-
ance with chapter 7 of title 5, United States Code.
(B) Section 706 of title 5, United States Code, shall apply to the
review of any determination under this subsection, except that the
standard for review prescribed by paragraph (2)(E) of such section
706 shall not apply and the court shall hold unlawful and set aside
such determination if the court finds that the determination is not
supported by substantial evidence in the record of the proceeding
submitted pursuant to paragraph (1), as supplemented by any addi-
tional submissions and presentations filed under paragraph (2).
INDIVIDUALIZED WRITTEN REHABILITATION PROGRAM
SEC. 102. (a) The Commissioner shall insure that the individual-
ized written rehabilitation program, or the specification of reasons
for a determination of ineligibility prior to initiation of such pro-
gram based on preliminary diagnosis, required by section 101(a)(9)
in the case of each handicapped individual is developed jointly by
the vocational rehabilitation counselor or coordinator and the
handicapped individual (or, in appropriate cases, his parents or
guardians), and that such program meets the requirements set
forth in subsection (b) of this section. Such written program shall
set forth the terms and conditions, as well as the rights and reme-
dies, under which goods and services will be provided to the indi-
vidual, and, as appropriate, such specification of reasons for such
an ineligibility determination shall set forth the rights and reme-
dies, including recourse to the process set forth in subsection (b)(5)
of this section, available to the individual in question.
(b) Each individualized written rehabilitation program shall be
reviewed on an annual basis at which time each such individual
(or, in appropriate cases, his parents or guardians) will be afforded
62
an opportunity to review such program and jointly redevelop and
agree to its terms. Such program shall include, but not be limited
to (1) a statement of long-range rehabilitation goals for the individ-
ual and intermediate rehabilitation objectives related to the attain-
ment of such goals, (2) a statement of the specific vocational reha-
bilitation services to be provided, (3) the projected date for the initi-
ation and the anticipated duration of each such service, (4) objec-
tive criteria and an evaluation procedure and schedule for deter-
mining whether such objectives and goals are being achieved, and
(5) where appropriate, a detailed explanation of the availability of
a client assistance project established in such area pursuant to sec-
tion 112.
(c) The Commissioner shall also insure that (1) in making any de-
termination of ineligibility referred to in subsection (a) of this sec-
tion, or in developing and carrying out the individualized written
rehabilitation program required by section 101 in the case of each
handicapped individual, primary emphasis is placed upon the de-
termination and achievement of a vocational goal for such individ-
ual, (2) a decision that such an individual is not capable of achiev-
ing such a goal and thus not eligible for vocational rehabilitation
services provided with assistance under this part, is made only in
full consultation with such individual (or, in appropriate cases, his
parents or guardians), and only upon the certification, as an
amendment to such written program, or as a part of the specifica-
tion of reasons for an ineligibility determination, as appropriate,
that the preliminary diagnosis or evaluation of rehabilitation po-
tential, as appropriate, has demonstrated that such individual is
not then capable of achieving such a goal, and (3) any such deci-
sion, as an amendment to such written program, shall be reviewed
at least annually in accordance with the procedure and criteria es-
tablished in this section.
(d)(1) The Director of any designated State unit shall establish
procedures for the review of determinations made by the rehabili-
tation counselor or coordinator under this section, upon the request
of a handicapped individual (or, in appropriate cases, his parents or
guardians). Such procedures shall include a requirement that the
final decision concerning the review of any such determination be
made in writing by the Director. The Director may not delegate his
responsibility to make any such final decision to any other officer
or employee of the designated State unit.
(2) Any handicapped individual (or, in appropriate cases, his
parent or guardian) who is not satisfied with the final decision
made under paragraph (1) by the Director of the designated State
unit may request the Secretary to review such decision. Upon such
request the Secretary shall conduct such a review and shall make
recommendations to the Director as to the appropriate disposition
of the matter. The Secretary may not delegate his responsibilities
under this paragraph to any officer of the Department of Educa-
tion who is employed at a position below that of an Assistant Secre-
tary.
63
SCOPE OF VOCATIONAL REHABILITATION SERVICES
SEC. 103. (a) Vocational rehabilitation services provided under
this Act are any goods or services necessary to render a handi-
capped individual employable, including, but not limited to, the fol-
lowing:
(1) evaluation of rehabilitation potential, including diagnostic
and related services, incidental to the determination of eligibil-
ity for, and the nature and scope of, services to be provided,
including, where appropriate, examination by a physician
skilled in the diagnosis and treatment of mental or emotional
disorders, or by a licensed psychologist in accordance with
State laws and regulations, or both;
(2) counseling, guidance, referral, and placement services for
handicapped individuals, including followup, follow-along, and
other postemployment services necessary to assist such individ-
uals to maintain their employment and services designed to
help handicapped individuals secure needed services from
other agencies, where such services are not available under
this Act;
(3) vocational and other training services for handicapped in-
dividuals, which shall include personal and vocational adjust-
ment, books, or other training materials, and services to the
families of such individuals as are necessary to the adjustment
or rehabilitation of such individuals: Provided, That no train-
ing services in institutions of higher education shall be paid for
with funds under this title unless maximum efforts have been
made to secure grant assistance, in whole or in part, from
other sources to pay for such training;
(4) physical and mental restoration services, including, but
not limited to, (A) corrective surgery or therapeutic treatment
necessary to correct or substantially modify a physical or
mental condition which is stable or slowly progressive and con-
stitutes a substantial handicap to employment, but is of such
nature that such correction or modification may reasonably be
expected to eliminate or substantially reduce the handicap
within a reasonable length of time, (B) necessary hospitaliza-
tion in connection with surgery or treatment, (C) prosthetic
and orthotic devices, (D) eyeglasses and visual services as pre-
scribed by a physician skilled in the diseases of the eye or by
an optometrist, whichever the individual may select, (E) special
services (including transplantation and dialysis), artificial kid-
neys, and supplies necessary for the treatment of individuals
suffering from end-stage renal disease, and (F) diagnosis and
treatment for mental and emotional disorders by a physician
or licensed psychologist in accordance with State licensure
laws;
(5) maintenance, not exceeding the estimated cost of subsist-
ence, during rehabilitation;
(6) interpreter services for deaf indivduals, and reader serv-
ices for those individuals determined to be blind after an exam-
ination by a physician skilled in the disease of the eye or by an
optometrist, whichever the individual may select;
64
(7) recruitment and training services for handicapped indi-
viduals to provide them with new employment opportunities in
the fields of rehabilitation, health, welfare, public safety, and
law enforcement, and other appropriate service employment;
(8) rehabilitation teaching services and orientation and mo-
bility services for the blind;
(9) occupational licenses, tools, equipment, and initial stocks
and supplies;
(10) transportation in connection with the rendering of any
vocational rehabilitation service; and
(11) telecommunications, sensory, and other technological
aids and devices.
(b) Vocational rehabilitation services, when provided for the ben-
efit of groups of individuals, may also include the following:
(1) in the case of any type of small business operated by indi-
viduals with the most severe handicaps the operation of which
can be improved by management services and supervision pro-
vided by the State agency, the provision of such services and
supervision, along or together with the acquisition by the State
agency of vending facilities or other equipment and initial
stocks and supplies;
(2) the construction or establishment of public or nonprofit
rehabilitation facilities and the provision of other facilities and
services (including services offered at rehabilitation facilities)
which promise to contribute substantially to the rehabilitation
of a group of individuals but which are not related directly to
the individualized rehabilitation written program of any one
handicapped individual;
(3) the use of existing telecommunications systems (including
telephone, television, satellite, radio, and other similar sys-
tems) which has the potential for substantially improving serv-
ice delivery methods, and the development of appropriate pro-
graming to meet the particular needs of handicapped individ-
uals; and
(4) the use of services providing recorded material for the
blind and captioned films or video cassettes for the deaf.
NON-FEDERAL SHARE FOR CONSTRUCTION
SEC. 104. For the purpose of determining the amount of pay-
ments to States for carrying out part B of this title, the non-Feder-
al share, subject to such limitations and conditions as may be pre-
scribed in regulations by the Commissioner, shall include contribu-
tions of funds made by any private agency, organization, or individ-
ual to a State or local agency to assist in meeting the costs of con-
struction or establishment of a public or nonprofit rehabilitation
facility, which would be regarded as State or local funds except for
the condition, imposed by the contributor, limiting use of such
funds to construction or establishment of a facility.
65
PART B-BASIC VOCATIONAL REHABILITATION SERVICES
STATE ALLOTMENTS
SEC. 110. (a)(1) For each fiscal year beginning before October 1,
1978, each State shall be entitled to an allotment of an amount
bearing the same ratio to the amount authorized to be appropri-
ated under section 100(b)(1) for allotment under this section as the
product of (A) the population of the State, and (B) the square of its
allotment percentage, bears to the sum of the corresponding prod-
ucts for all the States.
(2)(A) For each fiscal year beginning on or after October 1, 1978,
each State shall be entitled to an allotment in an amount equal to
the amount such State received under paragraph (1) for the fiscal
year ending September 30, 1978, and an additional amount deter-
mined pursuant to subparagraph (B) of this paragraph.
(B) For each fiscal year beginning on or after October 1, 1978,
each State shall be entitled to an allotment, from any amount au-
thorized to be appropriated for such fiscal year under section
100(b)(1)(A) for allotment under this section in excess of the amount
appropriated under section 100(b)(1)(A) for the fiscal year ending
September 30, 1978, in an amount equal to the sum of-
(i) an amount bearing the same ratio to 50 percent of such
excess amount as the product of the population of the State
and the square of its allotment percentage bears to the sum of
the corresponding products for all the States; and
(ii) an amount bearing the same ratio to 50 percent of such
excess amount as the product of the population of the State
and its allotment percentage bears to the sum of the corre-
sponding products for all the States.
(3) The sum of the payment to any State (other than Guam,
American Samoa, the Virgin Islands, the Northern Mariana Is-
lands, and the Trust Territory of the Pacific Islands) under this sub-
section for any fiscal year which is less than one-third of 1 percent
of the amount appropriated under section 100(b)(1)(A), or
$3,000,000, whichever is greater, shall be increased to that amount,
the total of the increases thereby required being derived by propor-
tionately reducing the allotment to each of the remaining such
States under this subsection, but with such adjustments as may be
necessary to prevent the sum of the allotments made under this
subsection to any such remaining State from being thereby reduced
to less than that amount.
(4) For each fiscal year beginning on or after October 1, 1984, for
which any amount is appropriated pursuant to section 100(b)(1)(B),
each State shall receive an allocation (from such appropriated
amount) in addition to the allotment to which such State is entitled
under paragraphs (2) and (3) of this subsection. Such additional al-
location shall be an amount which bears the same ratio to the
amount so appropriated as that State's allotment under paragraphs
(2) and (3) of this subsection bears to the sum of such allotments of
all the States.
(b)(1) If the payment to a State under section 111(a) for a fiscal
year is less than the total payments such State received under sec-
tion 2 of the Vocational Rehabilitation Act for the fiscal year
66
ending June 30, 1973, such State shall be entitled to an additional
payment (subject to the same terms and conditions applicable to
other payments under this part) equal to the difference between
such payment under section 111(a) and the amount so received by
it.
(2) If a State receives as its Federal share under section 111(a) for
any fiscal year, as a result of the maintenance of effort provisions
of such section, less than 80 percent of the expenditure of such
State for vocational rehabilitation services under the plan for such
State approved under section 101 (including any amount expended
by such State for the administration of the State plan but exclud-
ing any amount expended by such State from non-Federal sources
for construction under such plan), such State shall be entitled to an
additional payment for such fiscal year, subject to the same terms
and conditions applicable to other payments under this part, equal
to the difference between such payment under section 111(a) and
an amount equal to 80 percent of such expenditure for vocational
rehabilitation services.
(3) Any payment attributable to the additional payment to a
State under this subsection shall be made only from appropriations
specifically made to carry out this subsection, and such additional
appropriations are hereby authorized.
(c) Whenever the Commissioner determines, after reasonable op-
portunity for the submission to him of comments by the State
agency administering or supervising the program established under
this title, that any payment of an allotment to a State under sec-
tion 111(a) for any fiscal year will not be utilized by such State in
carrying out the purposes of this title, he shall make such amount
available for carrying out the purposes of this title to one or more
other States to the extent he determines such other State will be
able to use such additional amount during such year for carrying
out such purposes. Any amount made available to a State for any
fiscal year pursuant to the preceding sentence shall, for the pur-
poses of this part, be regarded as an increase of such State's allot-
ment (as determined under the preceding provisions of this section)
for such year.
PAYMENTS TO STATES
SEC. 111. (a) From each State's allotment under this part for any
fiscal year (including any additional payment to it under section
110(b), the Commissioner shall pay to such State an amount equal
to the Federal share of the cost of vocational rehabilitation services
under the plan for such State approved under section 101, includ-
ing expenditures for the administration of the State plan, except
that the total of such payments to such State for such fiscal year
may not exceed its allotment under subsection (a) (and its addition-
al payment under subsection (b), if any) of section 110 for such year
and such payments shall not be made in an amount which would
result in a violation of the provisions of the State plan required by
clause (17) of section 101(a), and except that the amount otherwise
payable to such State for such year under this section shall be re-
duced by the amount (if any) by which expenditures from non-Fed-
eral sources during such year under this title are less than expend-
67
itures under the State plan for the fiscal year ending June 30,
1972, under the Vocational Rehabilitation Act.
(b) The method of computing and paying amounts pursuant to
subsection (a) shall be as follows:
(1) The Commissioner shall, prior to the beginning of each calen-
dar quarter or other period prescribed by him, estimate the
amount to be paid to each State under the provisions of such sub-
section for such period, such estimate to be based on such records
of the State and information furnished by it, and such other inves-
tigation, as the Commissioner may find necessary.
(2) The Commissioner shall pay, from the allotment available
therefor, the amount so estimated by him for such period, reduced
or increased, as the case may be, by any sum (not previously ad-
justed under this paragraph) by which he finds that his estimate of
the amount to be paid the State for any prior period under such
subsection was greater or less than the amount which should have
been paid to the State for such prior period under such subsection.
Such payment shall be made prior to audit or settlement by the
General Accounting Office, shall be made through the disbursing
facilities of the Treasury Department, and shall be made in such
installments as the Commissioner may determine.
CLIENT ASSISTANCE PROGRAM
SEC. 112. (a) From funds appropriated under subsection (i), the
Secretary shall, in accordance with this section, make grants to
States to establish and carry out client assistance programs to pro-
vide assistance in informing and advising all clients and client ap-
plicants of all available benefits under this Act, and, upon request
of such clients or client applicants, to assist such clients or appli-
cants in their relationships with projects, programs, and facilities
providing services to them under this Act, including assistance in
pursuing legal, administrative, or other appropriate remedies to
ensure the protection of the rights of such individuals under this
Act.
(b) No State may receive payments from its allotment under this
Act in any fiscal year unless the State has in effect not later than
October 1, 1984, a client assistance program, which-
(1) has the authority to pursue legal, administrative, and
other appropriate remedies to ensure the protection of rights of
handicapped individuals who are receiving treatments, services,
or rehabilitation under this Act within the State; and
(2) meets the requirements of designation under subsection (c).
(c)(1) The Governor shall designate a public or private agency to
conduct the client assistance program under this section. Except as
provided in the last sentence of this paragraph, the Governor shall
designate an agency which is independent of any agency which pro-
vides treatment, services, or rehabilitation to individuals under this
Act. If there is an agency in the State which has, or had, prior to
the date of enactment of the Rehabilitation Amendments of 1984,
served as a client assistance agency under this section and which
received Federal financial assistance under this Act, the Governor
may designate an agency which provides treatment, services, or re-
habilitation to handicapped individuals under this Act.
68
(2) In carrying out the provisions of this section, the Governor
shall consult with the director of the State vocational rehabilitation
agency, the head of the developmental disability protection and ad-
vocacy agency, and with representatives of professional and con-
sumer organizations serving handicapped individuals in the State.
(3) The agency designated under this subsection shall be accounta-
ble for the proper use of funds made available to the agency.
(d) The agency designated under subsection (c) of this section may
not bring any class action in carrying out its responsibilities under
this section.
(e)(1)(A) The Secretary shall allot the sums appropriated for each
fiscal year under this section among the States on the basis of rela-
tive population of each State, except that no State shall receive less
than $50,000.
(B) The Secretary shall allot $30,000 each to American Samoa,
Guam, the Virgin Islands, the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands.
(C) For the purpose of this paragraph, the term "State" does not
include American Samoa, Guam, the Virgin Islands, the Northern
Mariana Islands, and the Trust Territory of the Pacific Islands.
(2) The amount of an allotment to a State for a fiscal year which
the Secretary determines will not be required by the State during
the period for which it is available for the purpose for which allot-
ted shall be available for reallotment by the Secretary from time to
time on such dates he may fix to other States with respect to which
such a determination has not been made, in proportion to the origi-
nal allotments of such States for such fiscal year, but with such
proportionate amount for any of such other States being reduced to
the extent it exceeds the sum the Secretary estimates such State
needs and will be able to use during such period; and the total of
such reduction shall be similarly reallotted among the States whose
proportionate amounts were not so reduced. Any such amount so re-
allotted to a State for a fiscal year shall be deemed to be a part of
its allotment for such fiscal year.
(3)(A) The Secretary shall pay to the Governor from the allotment
of the State the amount specified in the application approved under
subsection (f).
(B) For the purpose of this paragraph and subsection (c), the term
"Governor" means the chief executive of the State.
(f) No grant may be made under this section unless the State sub-
mits an application to the Secretary at such time, in such manner,
and containing or accompanied by such information as the Secre-
tary deems necessary to meet the requirements of this section.
(g) The Secretary shall prescribe regulations applicable to the
client assistance program which shall include the following
requirements:
(1) No employees of such programs shall, while so employed,
serve as staff or consultants of, or receive benefits of any kind
directly or indirectly from, any rehabilitation project, program,
or facility receiving assistance under this Act in the State.
(2) Each program shall be afforded reasonable access to pol-
icymaking and administrative personnel in the State and local
rehabilitation programs, projects, or facilities.
69
(3) Each program shall contain provisions designed to assure
that to the maximum extent possible mediation procedures are
used prior to resorting to administrative or legal remedies.
(4) The agency designated under subsection (c) shall submit
an annual report to the Secretary on the operation of the pro-
gram during the previous year, including a summary of the
work done and the uniform statistical tabulation of all cases
handled by such program. A copy of each such report shall be
submitted to the appropriate committees of the Congress by the
Secretary, together with a summary of such reports and his
evaluation of the program, including appropriate recommenda-
tions.
(h)(1) The Commissioner shall conduct a comprehensive evalua-
tion of the client assistance program authorized by this section, and
submit a report to Congress, not later than February 1, 1986.
(2) In conducting the study required by this subsection, the Com-
missioner shall address and report the following information for
each State that received a client assistance program grant. The
study shall include-
(A) the numbers of handicapped individuals assisted through
the client assistance program;
(B) the handicapping conditions of the individuals assisted,
and the proportion each type of individuals represents of the
total population assisted;
(C) the types of services provided, cross-referenced to types of
handicapped individuals assisted through each service;
(D) the type of organization or agency which administers the
client assistance program;
(E) the physical proximity of the client assistance program to
the State vocational rehabilitation agency; and
(F) the type of organizational structure used by the client as-
sistance program to deliver services.
(3) In conducting the study the Commissioner shall make the fol-
lowing comparisons:
(A) differences in service delivery patterns in client assistance
programs in urban and rural areas;
(B) differences in service delivery patterns among client assist-
ance programs administered in various organizational settings;
and
(C) differences in service delivery patterns among client assist-
ance programs established after this reauthorization and those
that were established prior to this reauthorization.
(4) The report shall include such recommendations, including rec-
ommendations for legislative proposals, as the Commissioner deems
necessary.
(i) There are authorized to be appropriated $6,000,000 for the
fiscal year 1984, $6,300,000 for the fiscal year 1985, and $6,700,000
for the fiscal year 1986.
70
PART C-INNOVATION AND EXPANSION GRANTS
STATE ALLOTMENTS
SEC. 120. (a)(1) From the sums available pursuant to section 100
(b)(2) for any fiscal year for grants to States to assist them in meet-
ing the costs described in section 121, each State shall be entitled
to an allotment of an amount bearing the same ratio to such sums
as the population of the State bears to the population of all the
States. The allotment to any State under the preceding sentence
for any fiscal year which is less than $50,000 shall be increased to
that amount, and for the fiscal year ending June 30, 1974, no State
shall receive less than the amount necessary to cover up to 90 per
centum of the cost of continuing projects assisted under section
4(a)(2)(A) of the Vocational Rehabilitation Act, except that no such
project may receive financial assistance under both the Vocational
Rehabilitation Act and this Act for a total period cf time in excess
of five years. The total of the increase required by the preceding
sentence shall be derived by proportionately reducing the allot-
ments to each of the remaining States under the first sentence of
this section, but with such adjustments as may be necessary to pre-
vent the allotment of any of such remaining States from thereby
being reduced to less than $50,000.
(b) Whenever the Commissioner determines that any amount of
an allotment to a State for any fiscal year will not be utilized by
such State in carrying out the purposes of this section, he shall
make such amount available for carrying out the purposes of this
section to one or more other States which he determines will be
able to use additional amounts during such year for carrying out
such purposes. Any amount made available to a State for any fiscal
year pursuant to the preceding sentence shall, for purposes of this
part, be regarded as an increase of such State's allotment (as deter-
mined under the preceding provisions of this section) for such year.
PAYMENTS TO STATES
SEC. 121. (a) From each State's allotment under this part for any
fiscal year, the Commissioner shall pay to such State or, at the
option of the State agency designated pursuant to section 101(a)(1),
to a public or nonprofit organization or agency, a portion of the
cost of planning, preparing for, and initiating special programs
under the State plan approved pursuant to section 101 to expand
vocational rehabilitation services, including-
(1) programs to initiate or expand such services to individuals
with the most severe handicaps;
(2) special programs under such State plan to initiate or
expand services to classes of handicapped individuals who have
unusual or difficult problems in connection with their rehabili-
tation; and
(3) programs to maximize the use of technological innovations
in meeting the employment training needs of handicapped
youth and adults.
(b) Payments under this section with respect to any project may
be made for a period of not to exceed three years beginning with
the commencement of the project as approved, and sums appropri-
71
ated for grants under this section shall remain available for such
grants through the fiscal year ending September 30, 1986. Pay-
ments with respect to any project may not exceed 90 per centum of
the cost of such project. The non-Federal share of the cost of a
project may be in cash or in kind and may include funds spent for
project purposes by a cooperating public or nonprofit agency pro-
vided that it is not included as a cost in any other federally fi-
nanced program.
(c) Payments under this section may be made in advance or by
way of reimbursement for services performed and purchases made,
as may be determined by the Commissioner, and shall be made on
such conditions as the Commissioner finds necessary to carry out
the purposes of this section.
PART D-AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES
VOCATIONAL REHABILITATION SERVICES GRANTS
SEC. 130. (a) The Commissioner, in accordance with the provi-
sions of this part, may make grants to the governing bodies of
Indian tribes located on Federal and State reservations to pay 90
percent of the costs of vocational rehabilitation services for handi-
capped American Indians residing on such reservations.
(b)(1) No grant may be made under this part for any fiscal year
unless an application therefor has been submitted to and approved
by the Commissioner. The Commissioner may not approve an appli-
cation unless the application-
(A) is made at such time, in such manner, and contains such
information as the Commissioner may require;
(B) contains assurances that the rehabilitation services pro-
vided under this part to handicapped American Indians resid-
ing on a reservation in a State shall be, to the maximum
extent feasible, comparable to rehabilitation services provided
under this title to other handicapped individuals residing in
the State; and
(C) contains assurances that the application was developed in
consultation with the designated State unit of the State.
(2) The provisions of sections 5, 6, 7, and 102(a) of the Indian Self-
Determination and Education Assistance Act shall be applicable to
any application submitted under this part. For purposes of this
paragraph, any reference in any such provision to the Secretary of
Health, Education, and Welfare or to the Secretary of the Interior
shall be considered to be a reference to the Commissioner.
(3) Any application approved under this part shall be effective
for not less than twelve months except as determined otherwise by
the Commissioner pursuant to prescribed regulations. The State
shall continue to provide vocational rehabilitation services under
its State plan to American Indians residing on a reservation when-
ever such State includes any such American Indians in its State
population under section 110(a)(1).
(d¹) For the purpose of computing the allotment of any State
under section 110(a), the number of American Indians residing on a
1 No material is omitted; subsections "d" and "e" should be designated as "(c)" and "(d)".
72
reservation to be served by a grant under this part shall be sub-
tracted from the population used for such State in section 110(a)(1)
as follows:
(1) 33-percent of such American Indians in the first fiscal
year during which such Indians are served by grants under
this part;
(2) 66 percent of such American Indians in the second fiscal
year during which such Indians are served by grants under
this part; and
(3) 100 percent of such American Indians in the third fiscal
year during which such Indians are served by grants under
this part.
(e) The term "reservation" includes Indian reservations, public
domain Indian allotments, former Indian reservations in Oklaho-
ma, and land held by incorporated Native groups, regional corpora-
tions, and village corporations under the provisions of the Alaska
Native Claims Settlement Act.
EVALUATION
SEC. 131. Not less than thirty months after the date of the enact-
ment of the Rehabilitation Comprehensive Services and Develop-
mental Disabilities Amendments of 1978, the Secretary shall
submit to the Congress an evaluation of the programs conducted
under this part. Such evaluation shall be conducted by persons
other than persons immediately responsible for administration of
such programs. Such evaluation shall include-
(1) an examination of the comparability of vocational reha-
bilitation services provided under this part to services provided
to other handicapped individuals under section 101; and
(2) an assessment of the extent to which governing bodies of
Indian tribes receiving grants under this part have made serv-
ices under such grants available to all handicapped American
Indians residing on reservations served by such grants.
TITLE II-RESEARCH AND TRAINING
DECLARATION OF PURPOSE
SEC. 200. The purpose of this title is to-
(1) provide for a comprehensive and coordinated approach to
the administration and conduct of research, demonstration
projects, and related activities for the rehabilitation of handi-
capped individuals, including programs designed to train per-
sons who provide rehabilitation services and persons who con-
duct research, by authorizing Federal assistance in accordance
with a plan for rehabilitation research developed under this
title;
(2) facilitate the distribution of information concerning devel-
opments in rehabilitation procedures, methods, and devices to
rehabilitation professionals and to handicapped individuals to
assist such individuals to live more independently;
(3) improve the distribution of technological devices and
equipment for handicapped individuals by providing- financial
73
support for the development and distribution of such devices
and equipment; and
(4) increase the scientific and technological information pres-
ently available in the field of rehabilitation.
AUTHORIZATION OF APPROPRIATIONS
SEC. 201. (a) There are authorized to be appropriated-
(1) for the purpose of providing for the expenses of the Na-
tional Institute of Handicapped Research under section 202,
other than expenses to carry out section 204, such sums as
may be necessary for fiscal year 1984, and for each of the two
succeeding fiscal years; and
(2) for the purpose of carrying out section 204, $36,000,000 for
the fiscal year 1984, $40,000,000 for the fiscal year 1985, and
$44,000,000 for the fiscal year 1986.
(b) Funds appropriated under this title shall remain available
until expended.
NATIONAL INSTITUTE OF HANDICAPPED RESEARCH
SEC. 202. (a) In order to promote and coordinate research with re-
spect to handicapped individuals and to more effectively carry out
the programs under section 204, there is established within the De-
partment of Education, a National Institute of Handicapped Re-
search (hereinafter in this title referred to as the "Institute"),
which shall be headed by a Director (hereinafter in this title re-
ferred to as the "Director"). In the performance of his functions,
the Director shall be directly responsible to the Secretary or to the
same Under Secretary or Assistant Secretary of the Department of
Education, to whom the Commissioner is responsible under section
3(a) of this Act.
(b) The Director, through the Institute, shall be responsible for-
(1) administering the programs described in section 204;
(2) disseminating information acquired through research
funded by the Institute to other Federal, State, and local public
agencies and to private organizations engaged in research re-
lating to rehabilitation or providing rehabilitation services;
(3) coordinating, through the Interagency Committee estab-
lished by section 203 of this Act, all Federal programs and poli-
cies relating to research in rehabilitation;
(4) disseminating educational materials to primary and sec-
ondary schools, institutions of higher education, and to public
and private entities concerning how the quality of life of handi-
capped individuals may be improved;
(5) conducting an education program to inform the public
about ways of providing for the rehabilitation of handicapped
individuals, including information relating to family care and
self care;
(6) conducting conferences, seminars, and workshops (includ-
ing in-service training programs) concerning research and engi-
neering advances in rehabilitation pertinent to the problems of
handicapped individuals;
(7) taking whatever action is necessary to keep the Congress
fully and currently informed with respect to the implementa-
74
tion and conduct of programs and activities carried out under
this title; and
(8) producing, in conjunction with the Department of Labor,
the National Center for Health Statistics, the Bureau of the
Census, the Social Security Administration, and other Federal
departments and agencies, as may be appropriate, statistical
reports and studies on the employment, health, income, and
other demographic characteristics of handicapped individuals
and disseminating such reports and studies to rehabilitation
professionals and others to assist in the planning and evalua-
tion of vocational and other rehabilitation services for the
handicapped.
(c)(1) The Director of the Institute shall be appointed by the
President, by and with the advice and consent of the Senate. The
Director shall be an individual with substantial experience in reha-
bilitation and in research administration. The Director shall be
compensated at the rate payable for level V of the Executive
Schedule under section 5316 of title 5, United States Code. In carry-
ing out any of his functions under this section, the Director shall
be guided by general policies of the National Council on the Handi-
capped established in title IV. The Director shall not delegate any
of his functions to any officer who is not directly responsible to
him.
(2) There shall be a Deputy Director of the Institute (hereinafter
in this section referred to as the "Deputy Director") who shall be
appointed by the Secretary. The Deputy Director shall be compen-
sated at the rate provided for grade GS-17 of the General Schedule
under section 5332 of title 5, United States Code, and shall act for
the Director during the absence or disability of the Director, exer-
cising such powers as the Director may prescribe. In the case of
any vacancy in the office of the Director, the Deputy Director shall
serve as Director until a Director is appointed under paragraph (1).
The position created by this paragraph shall be in addition to the
number of positions placed in grade GS-17 of the General Schedule
under section 5108 of title 5, United States Code.
(3) The Director, subject to the approval of the President, may
appoint, for terms not to exceed three years, without regard to the
provisions of title 5, United States Code, governing appointment in
the competitive service, and may compensate, without regard to
the provisions of chapter 51 and subchapter III of chapter 53 of
such title relating to classification and General Schedule pay rates,
such technical and professional employees of the Institute as the
Director deems necessary to accomplish the functions of the Insti-
tute and also appoint and compensate without regard to such provi-
sions in a number not to exceed one-fifth of the number of full-
time, regular technical and professional employees of the Institute.
(4) The Director may obtain the services of consultants, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service.
(d) The Director, pursuant to regulations which the Secretary
shall prescribe, may establish and maintain fellowships with such
stipends and allowances, including travel and subsistence expenses
provided for under title 5, United States Code, as the Director con-
75
siders necessary to procure the assistance of highly qualified re-
search fellows from the United States and foreign countries.
(e) The Director shall, pursuant to regulations which the Secre-
tary shall prescribe, provide for scientific review of all research
grants and programs over which he has authority by utilizing, to
the maximum extent possible, appropriate peer review groups es-
tablished within the Institute and composed of non-Federal scien-
tists and other experts in the rehabilitation field.
(f) Not less than 90 percent of the funds appropriated under
paragraph (2) of section 201(a) to carry out section 204 shall be ex-
pended by the Director to carry out such section through grants or
contracts with qualified public or private agencies and individuals.
(g) The Director shall develop and submit to appropriate commit-
tees of the Congress within eighteen months after the effective date
of this section a long-range plan for rehabilitation research which
shall-
(1) identify any research which should be conducted respect-
ing the problems encountered by handicapped individuals in
their daily activities, especially problems related to employ-
ment;
(2) determine the funding priorities for research activities
under this section and explain the basis for such priorities, in-
cluding a detailed description of any new types of research rec-
ommended under this paragraph for funding; and
(3) specify appropriate goals and timetables for activities to
be conducted under this section.
The plan required by this subsection shall be developed by the Di-
rector in the consultation with the Commissioner, the National
Council on the Handicapped established under title IV, the Secre-
tary of Education, officials responsible for the administration of the
Developmental Disabilities Assistance and Bill of Rights Act, the
Interagency Committee established by section 203, and any other
persons or entities the Director considers appropriate. Such plan
shall be reviewed at least once every three years and may be re-
vised at any time by the Director to the extent he considers neces-
sary.
(h) In order to promote cooperation among Federal departments
and agencies conducting research programs, the Director shall con-
sult with the administrators of such programs, and with the Inter-
agency Committee established by section 203, regarding the design
of research projects conducted by such entities and the results and
applications of such research.
(i)(1) The Director shall take whatever actions he considers ap-
propriate to provide for a comprehensive and coordinated research
program under this title. In providing such a program, the Director
may undertake joint activities with other Federal entities engaged
in research and with appropriate private entities. Any Federal
entity proposing to establish any research project related to the
purposes of this Act shall consult, through the Interagency Com-
mittee established by section 203, with the Director in his role of
Chairman of such Committee and provide the Director with suffi-
cient prior opportunity to comment on such project.
(2) Any person responsible for administering any program of the
National Institutes of Health, the Veterans' Administration, the
76
National Science Foundation, the National Aeronautics and Space
Administration, the Office of Special Education and Rehabilitation
Services, or of any other Federal entity, shall, through the Inter-
agency Committee established by section 203, consult and cooperate
with the Director in carrying out such program if the program is
related to the purposes of this section.
(j)(1) The Director shall make a grant to an institution of higher
education for the establishment of a program of pediatric rehabili-
tation research at an institution of higher education.
(2) The Director shall establish, either directly or by way of grant
or contract, a Research and Training Center in the Pacific Basin.
INTERAGENCY COMMITTEE
SEC. 203 (a)(1) In order to promote coordination and cooperation
among Federal departments and agencies conducting rehabilitation
research programs, there is established within the Federal Govern-
ment an Interagency Committee on Handicapped Research (herein-
after in this section referred to as the "Committee"), chaired by the
Director and comprised of such members as the President may des-
ignate, including the following (or their designees): the Director,
the Commissioner, the Secretary of Education, the Administrator of
Veterans' Affairs, the Director of the National Institutes of Health,
the Administrator of the National Aeronautics and Space Adminis-
tration, the Secretary of Transportation, and the Director of the
National Science Foundation.
(2) The Committee shall meet not less than four times each year.
(b) The Committee shall identify, assess, and seek to coordinate
all Federal programs, activities and projects, and plans for such
programs, activities, and projects with respect to the conduct of re-
search related to rehabilitation of handicapped individuals.
(c) The Committee, not later than eighteen months after the date
of enactment of this section, and annually thereafter, shall submit
to the President and to the appropriate committees of the Congress
a report making such recommendations as the Committee deems
appropriate with respect to coordination of policy and development
of objectives and priorities for all Federal programs relating to the
conduct of research related to rehabilitation of handicapped indi-
viduals.
RESEARCH
SEC. 204. (a) The Director may make grants to and contracts with
States and public or private agencies and organizations, including
institutions of higher education, to pay part of the cost of projects
for the purpose of planning and conducting research, demonstra-
tions, and related activities which bear directly on the development
of methods, procedures, and devices to assist in the provision of vo-
cational and other rehabilitation services to handicapped individ-
uals, especially those with the most severe handicaps, under this
Act. Such projects may include medical and other scientific, techni-
cal, methodological, and other investigations into the nature of dis-
ability, methods of analyzing it, and restorative techniques, includ-
ing basic research where related to rehabilitation techniques or
services; studies and analysis of industrial, vocational, social, psy-
77
chiatric, psychological, economic, and other factors affecting reha-
bilitation of handicapped individuals; special problems of home-
bound and institutionalized individuals; studies, analyses, and dem-
onstrations of architectural and engineering design adapted to
meet the special needs of handicapped individuals; and related ac-
tivities which hold promise of increasing knowledge and improving
methods in the rehabilitation of handicapped individuals and indi-
viduals with the most severe handicaps.
(b) In addition to carrying out projects under subsection (a) of
this section, the Director may make grants to pay part or all of the
cost of the following specialized research activities:
(1) Establishment and support of Rehabilitation Research and
Training Centers to be operated in collaboration with institutions
of higher education for the purpose of (A) providing training (in-
cluding graduate training) to assist individuals to more effectively
provide rehabilitation services, (B) providing coordinated and ad-
vanced programs of research in rehabilitation, and (C) providing
training (including graduate training) for rehabilitation research
and other rehabilitation personnel. The research to be carried out
at each Center shall be determined on the basis of the particular
needs of handicapped individuals in the geographic area served by
the Center, and may include basic or applied medical rehabilitation
research, research regarding the psychological and social aspects of
rehabilitation, and research related to vocational rehabilitation.
The Centers shall be encouraged to develop practical applications
for the findings of their research. Grants may include funds for
services rendered by such a center to handicapped individuals in
connection with such research and training activities. Rehabilita-
tion Research and Training Centers shall include both comprehen-
sive centers dealing with multiple disabilities and centers focused
on particular disabilities. Grants to Centers need not be automati-
cally terminated at the end of a project period and may be renewed
on the basis of a thorough evaluation and peer review including site
visits. Training of students preparing to be rehabilitation personnel
through centers shall be an important priority. Grants may include
faculty support for teaching of rehabilitation related courses of
study for credit and other courses offered by the institutions of
higher education affiliated with the Center.
(2) Establishment and support of Rehabilitation Engineering Re-
search Centers to (A) develop innovative methods of applying ad-
vanced medical technology, scientific achievement, and psychiatric,
psychological, and social knowledge to solve rehabilitation prob-
lems through planning and conducting research, including coopera-
tive research with public or private agencies and organizations, de-
signed to produce new scientific knowledge, equipment, and devices
suitable for solving problems in the rehabilitation of handicapped
individuals and for reducing environmental barriers, and to (B) co-
operate with State agencies designated pursuant to section 101 in
developing systems of information exchange and coordination to
promote the prompt utilization of engineering and other scientific
research to assist in solving problems in the rehabilitation of
handicapped individuals.
(3) Conduct of a program for spinal cord injury research, to in-
clude support of spinal cord injuries projects and demonstrations
78
established pursuant to sections 310 and 311, which will (A) insure
dissemination of research findings among all such centers (B) pro-
vide encouragement and support for initiatives and new approach-
es by individual and institutional investigators, and (C) establish
and maintain close working relationships with other governmental
and voluntary institutions and organizations engaged in similar ef-
forts, in order to unify and coordinate scientific efforts, encourage
joint planning, and promote the interchange of data and reports
among spinal cord injury investigations.
(4) Conduct a program for end-stage renal disease research, to in-
clude support of projects and demonstrations for providing special
services (including transplantation and dialysis), artificial kidneys,
and supplies necessary for the rehabilitation of individuals suffer-
ing from such disease and which will (A) insure dissemination of
research findings, (B) provide encouragement and support for ini-
tiatives and new approaches by individual and institutional investi-
gators, and (C) establish and maintain close working relationships
with other governmental and voluntary institutions and organiza-
tions engaged in similar efforts, in order to unify and coordinate
scientific efforts, encourage joint planning, and promote the inter-
change of data and reports among investigators in the field of end-
stage renal disease. No person shall be selected to participate in
such program who is eligible for services for such disease under
any other provision of law.
(5) Conduct of a program for international rehabilitation re-
search, demonstration, and training for the purpose of developing
new knowledge and methods in the rehabilitation of handicapped
individuals in the United States, cooperating with and assisting in
developing and sharing information found useful in other nations
in the rehabilitation of the handicapped individuals, and initiating
a program to exchange experts and technical assistance in the field
of rehabilitation of handicapped individuals with other nations as a
means of increasing the levels of skill of rehabilitation personnel.
(6) Conduct of a research program concerning the use of existing
telecommunications systems (including telephone, television, satel-
lite, radio, and other similar systems) which have the potential for
substantially improving service delivery methods, and the develop-
ment of appropriate programing to meet the particular needs of
handicapped individuals.
(7) Conduct of a program of joint projects with the National Insti-
tutes of Health, the Health Services Administration, the Adminis-
tration on Aging, the National Science Foundation, the Veterans'
Administration, the Department of Health and Human Services, the
National Aeronautics and Space Administration, other Federal
agencies, and private industry in areas of joint interest involving
rehabilitation.
(8) Conduct of a program of research related to the rehabilitation
of handicapped children and of handicapped individuals who are
aged sixty or older.
(9) Conduct of a research program to develop and demonstrate in-
novative methods to attract and retain professionals to serve in
rural areas in the rehabilitation of handicapped and severely
handicapped individuals.
79
(10) Conduct of a model research and demonstration project de-
signed to assess the feasibility of establishing a center for produc-
ing and distributing to deaf individuals captioned video cassettes
providing a broad range of educational, cultural, scientific, and vo-
cational programing.
(11) Conduct of a model research and demonstration program to
develop innovative methods of providing services for preschool age
handicapped children, including the following: (A) early interven-
tion, parent counseling, infant stimulation, early identification, di-
agnosis, and evaluation of severely handicapped children up to the
age of five, with a special emphasis on severely handicapped chil-
dren up to the age of three; (B) such physical therapy, language de-
velopment, pediatric, nursing, and psychiatric services as are neces-
sary for such children; and (C) appropriate services for the parents
of such children, including psychiatric services, parent counseling,
and training.
(12) Conduct of a model research and training program under
which model training centers shall be established to develop and
use more advanced and effective methods of evaluating and devel-
oping the employment potential of handicapped individuals, includ-
ing programs which-
(A) provide training and continuing education for personnel
involved with the employment of handicapped individuals;
(B) develop model procedures for testing and evaluating the
employment potential of handicapped individuals;
(C) develop model training programs to teach handicapped
individuals skills which will lead to appropriate employment;
(D) develop new approaches for job placement of handi-
capped individuals, including new followup procedures relating
to such placement; and
(E) provide information services regarding education, train-
ing, employment, and job placement for handicapped individ-
uals.
(13) Conduct of a rehabilitation research program under which fi-
nancial assistance is provided in order to (A) test new concepts and
innovative ideas, (B) demonstrate research results of high potential
benefits, (C) purchase prototype aids and devices for evaluation, (D)
develop unique rehabilitation training curricula, and (E) be respon-
sive to special initiatives of the Director. No single grant under this
paragraph may exceed $50,000 in any fiscal year and all payments
made under this paragraph in any fiscal year may not exceed 5 per
centum of the amount available under section 204 to the
National Institute of Handicapped Research in any fiscal year. Reg-
ulations and administrative procedures with respect to financial as-
sistance under this paragraph shall, to the maximum extent possi-
ble, be expedited.
(c) The provisions of section 306 shall apply to assistance provid-
ed under this section, unless the context indicates to the contrary.
80
TITLE III-SUPPLEMENTARY SERVICES AND FACILITIES
PART A-CONSTRUCTION AND TRAINING PROGRAMS
DECLARATION OF PURPOSE
SEC. 300. The purpose of this title is to-
(1) authorize grants and contracts to assist in the construc-
tion and initial staffing of rehabilitation facilities and author-
ize such staffing as the Commissioner deems appropriate;
(2) authorize grants and contracts to assist in the provision
of vocational training services to handicapped individuals;
(3) authorize grants for special projects and demonstrations
which hold promise of expanding or otherwise improving reha-
bilitation services to handicapped individuals, including indi-
viduals with spinal cord injuries, older blind individuals, and
deaf individuals whose maximum vocational potential has not
been reached, which experiment with new types of patterns of
services or devices for the rehabilitation of handicapped indi-
viduals (including opportunities for new careers for handi-
capped individuals, and for other individuals in programs serv-
ing handicapped individuals) and which provide vocational re-
habilitation services to handicapped migratory agricultural
workers or seasonal farmworkers; and
(4) establish uniform grant and contract requirements for
programs assisted under this title and certain other provisions
of this Act.
GRANTS FOR CONSTRUCTION OF REHABILITATION FACILITIES
SEC. 301. (a) For the purpose of making grants and contracts
under this section for construction of rehabilitation facilities, staff-
ing, and planning assistance, there is authorized to be appropriated
such sums as may be necessary for each fiscal year ending before
October 1, 1986. Amounts so appropriated shall remain available
for expenditure with respect to construction projects funded or
staffing grants made under this section prior to October 1, 1987.
(b)(1) The Commissioner is authorized to make grants to assist in
meeting the costs of construction of public or nonprofit rehabilita-
tion facilities. Such grants may be made to States and public or
nonprofit organizations and agencies for projects for which applica-
tions are approved by the Commission under this section.
(2) To be approved, an application for a grant for a construction
project under this section must conform to the provisions of section
306.
(3) The amount of a grant under this section with respect to any
construction project in any State shall be equal to the same per-
centage of the cost of such project as the Federal share which is
applicable in the case of rehabilitation facilities (as defined in sec-
tion 645(g) of the Public Health Service Act (42 U.S.C. 291o(a))), in
such State except that if the Federal share with respect to rehabili-
tation facilities in such State is determined pursuant to subpara-
graph (b)(2) of section 645 of such Act (42 U.S.C. 291o(b)(2)), the per-
centage of the cost for purposes of this section shall be determined
in accordance with regulations prescribed by the Commissioner de-
81
signed to achieve as nearly as practicable results comparable to the
results obtained under such subparagraph.
(c) The Commissioner is also authorized to make grants to assist
in the staffing of any public or nonprofit rehabilitation facility con-
structed after the date of enactment of this section (whether or not
such construction was financed with the aid of a grant under this
section) by covering part of the costs (determined in accordance
with regulations the Commissioner shall prescribe) of compensation
of professional or technical personnel of such facility during the
period beginning with the commencement of the operation of such
facility and ending with the close of four years and three months
after the month in which such operation commenced. Such grants
with respect to any facility may not exceed 75 per centum of such
costs for the period ending with the close of the fifteenth month
following the month in which such operation commenced, 60 per
centum of such costs for the first year thereafter, 45 per centum of
such costs for the second year thereafter, and 30 per centum of
such costs for the third year thereafter.
(d) The Commissioner is also authorized to make grants upon ap-
plication approved by the State agency designed under section 101
to administer the State plan, to public or nonprofit agencies, insti-
tutions, or organizations to assist them in meeting the cost of plan-
ning rehabilitation facilities and the services to be provided by
such facilities.
VOCATIONAL TRAINING SERVICES FOR HANDICAPPED INDIVIDUALS
SEC. 302. (a) For the purpose of making grants and entering into
contracts under this section, there are authorized to be appropri-
ated such sums as may be necessary for each fiscal year ending
before October 1, 1986.
(b)(1) The Commissioner is authorized to make grants to States
and public or nonprofit organizations and agencies to pay up to 90
per centum of the cost of projects for providing vocational training
services to handicapped individuals, especially those with the most
severe handicaps, in public or nonprofit rehabilitation facilities.
(2)(A) Vocational training services for purposes of this subsection
shall include training with a view toward career advancement;
training in occupational skills; related services, including work
evaluation, work testing, provision of occupational tools and equip-
ment required by the individual to engage in such training, and job
tryouts; and payment of weekly allowances to individuals receiving
such training and related services.
(B) Such allowances may not be paid to any individual for any
period in excess of two years, and such allowances for any week
shall not exceed $30 plus $10 for each of the individual's depend-
ents, or $70, whichever is less. In determining the amount of such
allowances for any individual, consideration shall be given to the
individual's need for such an allowance, including any expenses
reasonably attributable to receipt of training services, the extent to
which such an allowance will help assure entry into and satisfac-
tory completion of training, and such other factors, specified by the
Commissioner, as will promote such individual's capacity to engage
in gainful and suitable employment.
82
(3) The Commissioner may make a grant for a project pursuant
to this subsection only on his determination that (A) the purpose of
such project is to prepare handicapped individuals, especially those
with the most severe handicaps, for gainful and suitable employ-
ment; (B) the individuals to receive training services under such
project will include only those who have been determined to be
suitable for and in need of such training services by the State
agency or agencies designated as provided in section 101(a)(1) of the
State in which the rehabilitation facility is located; (C) the full
range of training services will be made available to each such indi-
vidual, to the extent of his need for such services; and (D) the
project, including the participating rehabilitation facility and the
training services provided, meet such other requirements as he
may prescribe in regulations for carrying out the purposes of this
subsection.
(c)(1) The Commissioner is authorized to make grants to public or
nonprofit rehabilitation facilities, or to an organization or combina-
tion of such facilities, to pay the Federal share of the cost of
projects to analyze, improve, and increase their professional serv-
ices to handicapped individuals, their management effectiveness, or
any other part of their operations affecting their capacity to pro-
vide employment and services for such individuals.
(2) No part of any grant made pursuant to this subsection may be
used to pay costs of acquiring, constructing, expanding, remodeling,
or altering any building.
LOAN GUARANTEES FOR REHABILITATION FACILITIES
SEC. 303. (a) It is the purpose of this section to assist and encour-
age the provision of needed facilities for programs for handicapped
individuals primarily served by State rehabilitation programs.
(b) The Commissioner may, in accordance with this section and
subject to section 306, guarantee the payment of principal and in-
terest on loans made to nonprofit private entities by non-Federal
lenders and by the Federal Financing Bank for the construction of
rehabilitation facilities, including equipment used in their oper-
ation.
(c) In the case of a guarantee of any loan to a nonprofit private
entity under this section, the Commissioner shall pay, to the holder
of such loan and for and on behalf of the project for which the loan
was made, amounts sufficient to reduce by 2 percent per annum
the net effective interest rate otherwise payable on such loan. Each
holder of a loan which is guaranteed under this section shall have
a contractual right to receive from the United States interest pay-
ments required by the preceding sentence.
(d) The cumulative total of the principal of the loans outstanding
at any time with respect to which guarantees have been issued, or
which have been directly made, may not exceed $100,000,000.
(e)(1) The Commissioner may not approve a loan guarantee for a
project under this section unless he determines that (A) the terms,
conditions, security (if any), and schedule and amount of repay-
ments with respect to the loan are sufficient to protect the finan-
cial interests of the United States and are otherwise reasonable, in-
cluding a determination that the rate of interest does not exceed
83
such per centum per annum on the principal obligation outstand-
ing as the Commissioner determines to be reasonable, taking into
account the range of interest rates prevailing in the private market
for similar loans and the risks assumed by the United States, and
(B) the loan would not be available on reasonable terms and condi-
tions without the guarantee under this section.
(2)(A) The United States shall be entitled to recover from the ap-
plicant for a loan guarantee under this section the amount of any
payment made pursuant to such guarantee, unless the Commission-
er for good cause waives such right of recovery. Upon making any
such payment, the United States shall be subrogated to all of the
rights of the recipient of the payments with respect to which the
guarantee was made.
(B) To the extent permitted by subparagraph (C), any terms and
conditions applicable to a loan guarantee under this section (in-
cluding terms and conditions imposed under paragraph (1) may be
modified by the Commissioner to the extent he considers consistent
with the interests of the United States.
(C) Any loan guarantee made by the Commissioner under this
section shall be incontestable (i) in the hands of an applicant on
whose behalf such guarantee is made unless the applicant engaged
in fraud or misrepresentation in securing such guarantee, and (ii)
as to any person (or his successor in interest) who makes or con-
tracts to make a loan to such applicant in reliance thereon unless
such person (or his successor in interest) engaged in fraud or mis-
representation in making or contracting to make such loan.
(D) Guarantees of loans under this section shall be subject to
such further terms and conditions as the Commissioner considers
necessary to assure that the purposes of this section will be
achieved.
(f)(1) There is established in the Treasury a loan guarantee fund
(hereinafter in this subsection referred to as the "fund") which
shall be available to the Commissioner without fiscal year limita-
tion, in such amounts as may be specified from time to time in ap-
propriation Acts-
(A) to enable him to discharge his responsibilities under loan
guarantees issued by him under this section; and
(B) for payment of interest under subsection (c) on loans
guaranteed under this section.
There are authorized to be appropriated such amounts as may be
necessary to provide the sums required for the fund. There shall
also be deposited in the fund amounts received by the Commission-
er in connection with loan guarantees under this section and other
property or assets derived by him from his operations respecting
such loan guarantees, including any money derived from the sale
of assets.
(2)(A) If at any time the sums in the fund are insufficient to
enable the Commissioner-
(i) to make payments of interest under subsection (c); or
(ii) to otherwise comply with guarantees under this section of
loans to nonprofit private entities;
he is authorized to issue to the Secretary of the Treasury notes or
other obligations in such forms and denominations, bearing such
maturities, and subject to such terms and conditions, as may be
84
prescribed by the Commissioner with the approval of the Secretary
of the Treasury.
(B) Such notes or other obligations shall bear interest at a rate
determined by the Secretary of the Treasury, taking into consider-
ation the current average market yield on outstanding marketable
obligations of the United States of comparable maturities during
the month preceding the issuance of the notes or other obligations.
(C) The Secretary of the Treasury shall purchase any notes and
other obligations issued under this paragraph, and for that purpose
he may use as a public debt transaction the proceeds from the sale
of any securities issued under the Second Liberty Bond Act. The
purposes for which securities may be issued under that Act are ex-
tended to include any purchase of such notes and obligations. The
Secretary of the Treasury may at any time sell any of the notes or
other obligations acquired by him under this paragraph. All re-
demptions, purchases, and sales by the Secretary of the Treasury of
such notes or other obligations shall be treated as a public debt
transaction of the United States.
(D) Sums borrowed under this paragraph shall be deposited in
the fund and redemption of such notes and obligations shall be
made by the Commissioner from the fund.
TRAINING
SEC. 304. (a) The Commissioner may make grants to and con-
tracts with States and public or nonprofit agencies and organiza-
tions, including institutions of higher education, to pay part of the
cost of projects for training, traineeships, and related activities de-
signed to assist in increasing the numbers of qualified personnel
trained in providing vocational, medical, social, and psychological
rehabilitation services to handicapped individuals, including (1)
personnel specially trained in providing employment assistance to
handicapped individuals through job development and job place-
ment services (2) personnel specifically trained to deliver services to
individuals who may benefit from receiving comprehensive services
for independent living, personnel specifically trained to deliver serv-
ices in client assistance program, and (3) personnel trained in per-
forming other functions necessary to the development of such serv-
ices. In carrying out the provisions of this subsection, the Commis-
sioner shall, in addition to furnishing training in the services pro-
vided under this Act to rehabilitation counselors, furnish training
to such counselors in the applicability of the provisions of section
504.
(b) In making such grants or contracts funds made available for
any year shall be targeted to areas of personnel shortage which may
include projects in rehabilitation medicine, rehabilitation nursing,
rehabilitation counseling, rehabilitation social work, rehabilitation
psychiatry, rehabilitation psychology, physical therapy, occupation-
al therapy, speech pathology and audiology, workshop and facility
administration, prosthetics and orthotics, specialized personnel in
providing services to blind and deaf individuals, specialized person-
nel in providing job development and job placement services for
handicapped individuals, recreation for ill and handicapped indi-
viduals, and other fields contributing to the rehabilitation of handi-
85
capped individuals, including homebound and institutionalized in-
dividuals and handicapped individuals with limited English-speak-
ing ability. No grant shall be made under this section for furnish-
ing to an individual any one course of study extending for a period
in excess of four years.
(c) The Commissioner shall evaluate the impact of the training
programs conducted under this section, shall determine training
needs for qualified personnel necessary to provide services to
handicapped individuals, and shall develop a long-term rehabilita-
tion manpower plan designed to target resources on areas of per-
sonnel shortage. The Commissioner shall prepare and submit to the
Congress, simultaneously with the budget submission for the suc-
ceeding fiscal year for the Rehabilitation Services Administration, a
report setting forth and justifying in detail how the training funds
for the fiscal year prior to such submission are allocated by profes-
sional discipline and other program areas. The report shall also
contain findings on personnel shortages, how funds proposed for the
succeeding fiscal year will be allocated under the President's budget
proposal, and how the findings of personnel shortages justify the al-
locations.
(d)(1) For the purpose of training a sufficient number of inter-
preters to meet the communications needs of deaf individuals, the
Secretary, through the Office of Information and Resources for the
Handicapped, may award grants under this section to any public or
private nonprofit agency or organization to establish interpreter
training programs or to provide financial assistance for ongoing in-
terpreter training programs. Not more than twelve programs shall
be established or assisted by grants under this section. The Secre-
tary shall award grants for programs in such geographic areas
throughout the United States as the Secretary considers appropri-
ate to best carry out the purpose of this section. Priority shall be
given to public or private nonprofit agencies or organizations with
existing programs that have demonstrated their capacity for pro-
viding interpreter training services.
(2) No grants shall be awarded under this section unless the ap-
plicant has submitted an application to the Secretary in such form,
and in accordance with such procedures, as the Secretary may re-
quire. Any such application shall-
(A) describe the manner in which an interpreter training
program would be developed and operated during the five-year
period following the award of any grant under this section;
(B) demonstrate the applicant's capacity or potential for pro-
viding training for interpreters for deaf individuals;
(C) provide assurances that any interpreter trained or re-
trained under such program shall meet such minimum stand-
ards of competency as the Secretary may establish for purposes
of this section;
(D) provide assurances that (i) to the extent appropriate, the
applicant shall provide for the training or retraining (including
short-term and in-service training) of teachers who are in-
volved in providing instruction to deaf individuals but who are
not certified as teachers of deaf individuals, and (ii) funds for
such in-service training shall be provided under this section
86
only through funds appropriated under the Education for All
Handicapped Children Act; and
(E) contain such other information as the Secretary may re-
quire.
(e) There are authorized to be appropriated to carry out this section,
$22,000,000 for the fiscal year 1984, $27,000,000 for the fiscal year
1985, and $31,000,000 for the fiscal year 1986. There are further
authorized to be appropriated for each such fiscal year such addition-
al sums as the Congress may determine to be necessary to carry out
this section.
COMPREHENSIVE REHABILITATION CENTERS
SEC. 305. (a)(1) In order to provide a focal point in communities
for the development and delivery of services designed primarily for
handicapped persons, the Commissioner may make grants to any
designated State unit to establish and operate comprehensive reha-
bilitation centers. The centers shall be established in order to pro-
vide a broad range of services to handicapped individuals, including
information and referral services, counseling services, and job
placement, health, educational, social, and recreational services, as
well as to provide facilities for recreational activities.
(2) To the maximum extent practicable, such centers shall pro-
vide, upon request, to local governmental units and other public
and private nonprofit entities located in the area such information
and technical assistance (including support personnel such as inter-
preters for the deaf) as may be necessary to assist those entities in
complying with this Act, particularly the requirements of section
504.
(b) No grant may be made under this section unless an applica-
tion therefor has been submitted to and approved by the Commis-
sioner. The Commissioner may not approve an application for a
grant unless the application-
(1) contains assurances that the designated State unit will
use funds provided by such grant in accordance with subsec-
tions (c) and (d); and
(2) contains such other information, and is submitted in such
form and in accordance with such procedures, as the Commis-
sioner may require.
(c)(1) The designated State unit may-
(A) in accordance with subsection (e) make grants to units of
general purpose local government or to other public or non-
profit private agencies or organizations and may make con-
tracts with any agency or organization to pay not to exceed 80
percent of the cost of-
(i) leasing facilities to serve as comprehensive rehabilita-
tion centers;
(ii) expanding, remodeling, or altering facilities to the
extent necessary to adapt them to serve as comprehensive
rehabilitation centers;
(iii) operating such centers; or
(iv) carrying out any combination of the activities speci-
fied in this subparagraph; and
87
(B) directly carry out the activities described in subpara-
graph (A), except that not more than 80 percent of the costs of
providing any comprehensive rehabilitation center may be pro-
vided from funds under this section.
(3) Funds made available to any designated State unit under this
section for the purpose of assisting in the operation of a compre-
hensive rehabilitation center may be used to compensate profes-
sional and technical personnel required to operate the center and
to deliver services in the center, and to provide equipment for the
center.
(d)(1) The designated State unit may approve a grant or enter
into a contract under subsection (c) only if the application for such
grant or contract meets the requirements specified in paragraphs
(1), (2), (4), and (5) of section 306(b) and if the application contains
assurances that any facility assisted by such grant or contract shall
be in reasonably close proximity to the majority of individuals eli-
gible to use the comprehensive rehabilitation center.
(2) Any designated State unit which directly provides for compre-
hensive rehabilitation centers under subsection (c)(1)(B) shall use
funds under this section in the same manner as any other grant
recipient is required to use such funds.
(e) If within 20 years after the completion of any construction
project for which funds have been paid under this section-
(1) the owner of the facility ceases to be a public or nonprofit
private agency or organization, or
(2) the facility ceases to be used for the purposes for which it
was leased or constructed (unless the Commissioner deter-
mines, in accordance with regulations, that there is good cause
for releasing the applicant or other owner from the obligation
to do so).
the United States shall be entitled to recover from the grant recipi-
ent or other owner of the facility an amount which bears the same
ratio to the value of the facility (or so much thereof as constituted
an approved project or projects) at the time the United States seeks
recovery as the amount of such Federal funds bore to the cost of
renovating the facility under subsection (c)(1)(A)(ii). Such value
shall be determined by agreement of the parties or by action
brought in the United States district court for the district in which
such facility is situated.
(f) The requirements of section 306 shall not apply to funds allot-
ted under this section, except that subsections (g) and (h) of such
section shall be applicable with respect to such funds.
(g) There are authorized to be appropriated to carry out this sec-
tion such sums as may be necessary for each of the fiscal years
1984, 1985, and 1986.
GENERAL GRANT AND CONTRACT REQUIREMENTS
SEC. 306. (a) The provisions of this section shall apply to all
projects approved and assisted under this title, except as otherwise
provided in section 305(g).¹ The Commissioner shall insure compli-
¹Technical error. Reference should be to 305(f).
88
ance with this section prior to making any grant or entering into
any contract or agreement under this title, except projects author-
ized under section 302.
(b) To be approved, an application for assistance for a construc-
tion project, or for a project which involves construction, under this
title must-
(1) contain or be supported by reasonable assurances that (A)
for a period of not less than twenty years after completion of
construction of the project it will be used as a public or non-
profit facility, (B) sufficient funds will be available to meet the
non-Federal share of the cost of construction of the project, and
(C) sufficient funds will be available, when construction of the
project is completed, for its effective use for its intended pur-
pose;
(2) provide that Federal funds provided to any agency or or-
ganization under this title will be used only for the purposes
for which provided and in accordance with the applicable pro-
visions of this section and the section under which such funds
are provided;
(3) provide that the agency or organization receiving Federal
funds under this title will make an annual report to the Com-
missioner, which the Commissioner shall submit to the Secre-
tary for inclusion (in summarized form) in the annual report
submitted to the Congress under section 13;
(4) be accompanied or supplemented by plans and specifica-
tions which have been approved by the Board established by
section 502, in which due consideration shall be given to excel-
lence of architecture and design, and to the inclusion of works
of art (not representing more than 1 per centum of the cost of
the project), and which comply with regulations prescribed by
the Commissioner related to minimum standards of construc-
tion and equipment (promulgated with particular emphasis on
securing compliance with the requirements of the Architectur-
al Barriers Act of 1968 (Public Law 90-480)), and with regula-
tions of the Secretary of Labor relating to occupational health
and safety standards for rehabilitation facilities; and
(5) contain or be supported by reasonable assurance that any
laborer or mechanic employed by any contractor or subcontrac-
tor in the performance of work on any construction aided by
payments pursuant to any grant under this section will be paid
wages at rates not less than those prevailing on similar con-
struction in the locality as determined by the Secretary of
Labor in accordance with Davis-Bacon Act, as amended (40
U.S.C. 276a-276a-5); and the Secretary of Labor shall have,
with respect to the labor standards specified in this paragraph,
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (15 F.R. 3176) and section 2 of the Act of
June 13, 1934, as amended (42 U.S.C. 276c).
(c) Upon approval of any application for a grant or contract for a
project under this title, the Commissioner shall reserve, from any
appropriation available therefore, the amount of such grant or con-
tract determined under this title. In case an amendment to an ap-
proved application is approved, or the estimated cost of a project is
revised upward, any additional payment with respect thereto may
89
be made from the appropriation from which the original reserva-
tion was made or the appropriation for the fiscal year in which
such amendment or revision is approved.
(d) If, within twenty years after completion of any construction
project for which funds have been paid under this title, the facility
shall cease to be a public or nonprofit facility, the United States
shall be entitled to recover from the applicant or other owner of
the facility the amount bearing the same ratio to the then value
(as determined by agreement of the parties or by action brought in
the United States district court for the district in which such facili-
ty is situated) of the facility, as the amount of the Federal partici-
pation bore to the cost of construction of such facility.
(e) Payment of assistance or reservation of funds made pursuant
to this title may be made (after necessary adjustment on account of
previously made overpayments or underpayments) in advance or by
way of reimbursement, and in such installments and on such condi-
tions, as the Commissioner may determine.
(f) A project for construction of a rehabilitation facility which is
primarily a workshop may, where approved by the Commissioner
as necessary to the effective operation of the facility, include such
construction as may be necessary to provide residential accommo-
dations for use in connection with the rehabilitation of handi-
capped individuals.
(g) No funds provided under this title may be used to assist in
the construction of any facility which is or will be used for reli-
gious worship or any sectarian activity.
(h) When in any State, funds provided under this title will be
used for providing direct services to handicapped individuals or for
establishing facilities which will provide such services, such serv-
ices must be carried out in a manner not inconsistent with the
State plan approved pursuant to section 101.
(i) Prior to making any grant or entering into any contract under
this title, the Commissioner shall afford reasonable opportunity to
the appropriate State agency or agencies designated pursuant to
section 101 to comment on such grant or contract.
PART B-SPECIAL PROJECTS AND SUPPLEMENTARY SERVICES
AUTHORIZATION OF APPROPRIATIONS
SEC. 310. (a) For the purpose of carrying out this part (other than
section 316), there are authorized to be appropriated $12,900,000 for
fiscal year 1984, $13,600,000 for fiscal year 1985, and $14,300,000 for
fiscal year 1986.
(b) Of the amounts appropriated for any fiscal year under subsec-
tion (a), 5 percent of such amount shall be available in such fiscal
year only for the purpose of making grants under section 312.
There is further authorized to be appropriated for each such fiscal
year such additional amount as may be necessary to equal, when
added to the amount made available for the purpose of making
grants under section 312, an amount of $5,000,000 for each such
fiscal year.
45-277 0 - 85 - 4
90
SPECIAL DEMONSTRATION PROGRAMS
SEC. 311. (a) Subject to the provisions of section 306, the Commis-
sioner may make grants to States and to public or nonprofit agen-
ices and organizations to pay part or all of the costs of special
projects and demonstrations (including related research and eval-
uation) for-
(1) establishing programs and, where appropriate, construct-
ing facilities for providing vocational rehabilitation services,
which hold promise of expanding or otherwise improving reha-
bilitation services to handicapped individuals (especially those
with the most severe handicaps), including blind or deaf indi-
viduals, irrespective of age or vocational potential, who can
benefit from comprehensive services;
(2) applying new types or patterns of services or devices for
handicapped individuals (including programs for providing
handicapped individuals, or other individuals in programs serv-
icing handicapped individuals, with opportunities for new ca-
reers); and
(3) operating programs and, where appropriate, renovating
and constructing facilities to demonstrate methods of making
recreational activities fully accessible to handicapped individ-
uals.
The Director of the National Institute of Handicapped Research
may make grants to States and to public or nonprofit agencies and
organizations to pay part or all of the costs of special projects and
demonstrations for spinal cord injuries.
(b) Any project or demonstration assisted by a grant under this
section which provides services to individuals with spinal cord inju-
ries shall-
(1) establish, on an appropriate regional basis, a multidisci-
plinary system of providing vocational and other rehabilitation
services, specifically designed to meet the special needs of indi-
viduals with spinal cord injuries, including acute care as well
as periodic inpatient or outpatient followup and services;
(2) demonstrate and evaluate the benefits to individuals with
spinal cord injuries served in, and the degree of cost effective-
ness of, such a regional system;
(3) demonstrate and evaluate existing, new, and improved
methods and equipment essential to the care, management,
and rehabilitation of individuals with spinal cord injuries; and
(4) demonstrate and evaluate methods of community out-
reach for individuals with spinal cord injuries and community
education in connection with the problems of such individuals
in areas such as housing, transportation, recreation, employ-
ment, and community activities.
The Director of the National Institute of Handicapped Research
shall coordinate each grant made under this subsection with the
Commissioner.
(c)(1) The Commissioner may make grants to public and nonprofit
agencies and organizations to pay part or all of the costs of special
projects and demonstrations including research and evaluation for
handicapped youths to provide job training and prepare them for
entry into the labor force. Such projects shall be designed to demon-
91
strate cooperative efforts between local educational agencies,
business and industry, vocational rehabilitation programs, and or-
ganizations representing labor and organizations responsible for pro-
moting or assisting in local economic development.
(2) Services under this subsection may include-
(A) jobs search assistance;
(B) on-the-job training;
(C) job development including worksite modification and use
of advanced learning technology for skills training;
(D) dissemination of information on program activities to
business and industry; and
(E) followup services for individuals placed in employment.
(3) The Commissioner shall assure that projects shall be coordi-
nated with other projects assisted under section 626 of the Educa-
tion of the Handicapped Act.
MIGRATORY WORKERS
SEC. 312. The Commissioner, subject to the provisions of section
306, is authorized to make grants to any State agency designated
pursuant to a State plan approved under section 101, or to any
local agency participating in the administration of such a plan, to
pay up to 90 per centum of the cost of projects or demonstrations
for the provision of vocational rehabilitation services to handi-
capped individuals, as determined in accordance with rules pre-
scribed by the Secretary of Labor, who are migratory agricultural
workers or seasonal farmworkers, and to members of their families
(whether or not handicapped) who are with them, including main-
tenance and transportation of such individuals and members of
their families where necessary to the rehabilitation of such individ-
uals. Maintenance payments under this section shall be consistent
with any maintenance payments made to other handicapped indi-
viduals in the State under this Act. Such grants shall be condi-
tioned upon satisfactory assurance that in the provision of such
services there will be appropriate cooperation between the grantee
and other public or nonprofit agencies and organizations having
special skills and experience in the provision of services to migrato-
ry agricultural workers, seasonal farmworkers, or their families.
This section shall be administered in coordination with other pro-
grams serving migrant agricultural workers and seasonal farm-
workers, including programs under title I of the Elementary and
Secondary Education Act of 1965, section 311 of the Economic Op-
portunity Act of 1964, the Migrant Health Act, and the Farm
Labor Contractor Registration Act of 1963.
READER SERVICES FOR THE BLIND
SEC. 314. (a) The Commissioner may award grants to States or to
private nonprofit agencies or organizations of national scope (as so
determined by the Commissioner) to-
(1) provide reading services to blind persons who are not oth-
erwise eligible for such services through other State or Federal
programs; and
(2) expand the quality and scope of reading services available
to blind persons, and to assure to the maximum extent possible
92
that the reading services provided under this Act will meet the
reading need of blind persons attending institutions providing
elementary, secondary, or post-secondary education, and will
be adequate to assist blind persons to obtain and continue in
employment.
Any State which receives a grant under this section shall adminis-
ter the reading services for which such grant is awarded through
the designated State unit of the State.
(b) No grant shall be awarded under this section unless the appli-
cant has submitted an application to the Secretary in such form, at
such time, and containing such information as the Secretary may
require.
(c) For purposes of this section, the term "reading services"
means-
(1) the employment of persons who, by reading aloud, can
afford blind persons ready access to printed information;
(2) the transcription of printed information into braille or
sound recordings if such transcription is performed pursuant
to individual requests from blind persons for such services;
(3) the storage and distribution of braille materials and
sound recordings;
(4) the purchase, storage, and distribution of equipment and
materials necessary for the production, duplication, and repro-
duction of braille materials and sound recordings;
(5) the purchase, storage, and distribution of equipment to
blind persons to provide them with individual access to printed
materials by mechanical or electronic means; and
(6) radio reading services for blind persons.
INTERPRETER SERVICES FOR THE DEAF
SEC. 315. (a) The Commissioner may make grants to designated
State units to establish within each State a program of interpreter
services (including interpreter referral services) which shall be
made available to deaf individuals and to any public agency or pri-
vate non profit organization involved in the delivery of assistance
or services to deaf individuals.
(b) No grant may be made under this section unless an applica-
tion therefor is submitted to the Commissioner in such form, at
such times, and in accordance with such procedures as the Commis-
sioner may require. Such application shall-
(1) provide assurances that the program to be conducted
under this section will be operated in areas within the State
which are specifically selected to provide convenient locations
for the provision of services to the maximum number of deaf
individuals feasible;
(2) include a plan which describes, in sufficient detail, the
manner in which interpreter referral services will be coordi-
nated with the information and referral programs required
under section 101(a)(22);
(3) provide assurances that the program will seek to enter
into contractual or other arrangements, to the extent appropri-
ate, with private nonprofit organizations comprised of primari-
ly hearing-impaired individuals (or private nonprofit organiza-
93
tions which have the primary purpose of providing assistance
of services to hearing-impaired individuals) for the operation of
such programs.
(4) provide that any interpreter participating in the program
shall be required to meet minimum standards established by
the Commissioner; and
(5) contain such other information as the Secretary may re-
quire.
(c) Any designated State unit receiving funds under this section
may provide interpreter services, without cost, for a period of not
to exceed one year to any public agency or private nonprofit orga-
nization which provides assistance to deaf individuals. At the end
of such period, agencies or organizations receiving such services
through referrals shall reimburse the designated State unit for the
costs of such services. Funds may also be used for the purchase or
rental of equipment necessary to provide assistance or services to
deaf individuals.
(d) Funds provided to any designated State unit for any program
under this section shall not be used for any administrative or relat-
ed costs, nor shall such funds be used for assistance to deaf individ-
uals who are receiving rehabilitation services under any other pro-
vision of this Act.
SPECIAL RECREATIONAL PROGRAMS
SEC. 316. (a) The Commissioner, subject to the provisions of sec-
tion 306, shall make grants to State and public nonprofit agencies
and organizations for paying part or all of the cost of initiation of
recreation programs to provide handicapped individuals with recre-
ational activities to aid in the mobility and socialization of such in-
dividuals. The activities authorized to be assisted under this section
may include, but are not limited to, scouting and camping, 4-H ac-
tivities, sports, music, dancing, handicrafts, art, and homemaking.
No grant may be made under the provisions of this section unless
the agreement with respect to such grant contains provisions to
assure that, to the extent possible, existing resources will be used
to carry out the activities for which the grant is to be made, and
that with respect to children the activities for which the grant is to
be made will be conducted after school.
(b) There are authorized to be appropriated to carry out this sec-
tion $2,000,000 for the fiscal year 1984, $2,100,000 for the fiscal year
1985, and $2,200,000 for the fiscal year 1986.
TITLE IV-NATIONAL COUNCIL ON THE HANDICAPPED
ESTABLISHMENT OF NATIONAL COUNCIL ON THE HANDICAPPED
SEC. 400. (a) There is established within the Federal Govern-
ment 1 a National Council on the Handicapped (hereinafter in this
1 Section 141(b) of P.L. 98-221, which removed the National Council from within the Depart-
ment of Education, provided that all functions of the Chairman of the Council and of the Secre-
tary of Education relating to the Council prior to the enactment of P.L. 98-122 shall be the func-
tions of the Chairman of the independent Council. References in any statute or other official
document or proceeding to the Department of Education or Secretary of Education with respect
to functions or activities relating to the National Council shall be deemed to refer to the Nation-
al Council or the Chairman, respectively.
94
title referred to as the "National Council"), which shall be com-
posed of fifteen members appointed by the President, by and with
the advice and consent of the Senate. The members of the National
Council shall be appointed so as to be representative of handi-
capped individuals, national organizations concerned with the
handicapped, providers and administrators of services to the handi-
capped, individuals engaged in conducting medical or scientific re-
search relating to handicapped individuals, business concerns, and
labor organizations. At least five members of the National Council
shall be handicapped individuals, or parents or guardians of handi-
capped individuals.
(b)(1) Members of the National Council shall be appointed to
serve for terms of three years, except that of the members first ap-
pointed-
(A) five shall serve for terms of one year,
(B) five shall serve for terms of two years, and
(C) five shall serve for terms of three years,
as designated by the President at the time of appointment.
(2) Members may be reappointed and may serve after the expira-
tion of their terms until successors have taken office.
(3) Any member appointed to fill a vacancy occurring before the
expiration of the term for which his predecessor was appointed
shall be appointed only for the remainder of such term.
(c) The President shall designate the Chairman from among the
members appointed to the National Council. The National Council
shall meet at the call of the Chairman, but not less often than four
times each year.
(d) Eight members of the National Council shall constitute a
quorum and any vacancy in the National Council shall not affect
its power to function.
DUTIES OF NATIONAL COUNCIL
SEC. 401. (a) The National Council shall-
(1) establish general policies for, and review the operation of,
the National Institute of Handicapped Research;
(2) provide advice to the Commissioner with respect to the
policies of and conduct of the Rehabilitation Services Adminis-
tration;
(3) advise the President, the Congress, the Commissioner, the
appropriate Assistant Secretary of the Department of Educa-
tion, and the Director of the National Institute of Handicapped
Research on the development of the programs to be carried out
under this Act;
(4) review and evaluate on a continuing basis all policies,
programs, and activities concerning handicapped individuals
and persons with developmental disabilities conducted or as-
sisted by Federal departments and agencies, including pro-
grams established or assisted under this Act or under the De-
velopmental Disabilities Assistance and Bill of Rights Act, in
order to assess the effectiveness of such policies, programs, and
activities in meeting the needs of handicapped individuals;
(5) make recommendations to the President, the Congress, the
Secretary, and the Director of the National Institute of Handi-
95
capped Research respecting ways to improve research concern-
ing handicapped individuals, the administration of services for
handicapped individuals, and the methods of collecting and dis-
seminating the findings of such research, and make recommen-
dations for facilitating the implementation of programs based
upon such findings;
(6) submit not later than March 31 of each year (beginning
in 1980) an annual report to the Congress, and the President,
containing (A) a statement of the current status of research
concerning the handicapped in the United States, (B) a review
of the activities of the Rehabilitation Services Administration
and the National Institute of Handicapped Research, and (C)
such recommendations respecting the items described in
clauses (A) and (B) as the National Council considers appropri-
ate; and
(7) provide to the Congress on a continuing basis advice, rec-
ommendations, and any additional information which the
Council or the Congress deems appropriate.
(b) The National Council shall-
(1) review all statutes pertaining to Federal programs which
assist handicapped individuals;
(2) make a priority listing of such programs based on the
number of handicapped individuals such programs assist and
the Federal costs of such programs;
(3) assess the extent to which such programs provide incen-
tives or disincentives to the establishment of community-based
services for handicapped individuals, promote the full integra-
tion of such individuals in the community, in schools, and in
the workplace, and contribute to the independence and dignity
of such individuals;
(4) recommend to the President and the Congress legislative
proposals for increasing incentives and eliminating disincen-
tives in Federal programs based on the assessment made pursu-
ant to clause (3); and
(5) prepare and submit a final report to the President and to
the Congress not later than February 1, 1986, on the review, as-
sessment, and recommendations required by this subsection.
COMPENSATION OF NATIONAL COUNCIL MEMBERS
SEC. 402. (a) Members of the National Council shall be entitled to
receive compensation at a rate equal to the rate of basic pay pay-
able for grade GS-18 of the General Schedule under section 5332 of
title 5, United States Code, including traveltime, for each day they
are engaged in the performance of their duties as members of the
National Council.
(b) Members of the National Council who are full-time officers or
employees of the United States shall receive no additional pay on
account of their service on the National Council except for compen-
sation for travel expenses as provided under subsection (c) of this
section.
(c) While away from their homes or regular places of business in
the performance of services for the National Council, members of
the National Council shall be allowed travel expenses, including
96
per diem in lieu of subsistence, in the same manner as persons em-
ployed intermittently in the Government service are allowed ex-
penses under section 5703 of title 5, United States Code.
STAFF OF NATIONAL COUNCIL
SEC. 403. (a)(1) The National Council may appoint, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, or the provisions of chap-
ter 51 and subchapter III of chapter 53 of such title relating to clas-
sification and General Schedule pay rates, an Executive Director to
assist the National Council to carry out its duties. The Executive
Director shall be appointed from among individuals who are experi-
enced in the planning or operation of programs for handicapped in-
dividuals.
(2) The Executive Director is authorized to hire not to exceed
seven technical and professional employees to assist the National
Council to carry out its duties.
(b)(1) The National Council may procure temporary and intermit-
tent services to the same extent as is authorized by section 3109(b)
of title 5, United States Code (but at rates for individuals not to
exceed the daily equivalent of the annual rate of basic pay payable
for grades GS-18 of the General Schedule under section 5332 of
title 5, United States Code).
(2) The National Council may-
(A) accept voluntary and uncompensated services, notwith-
standing the provisions of section 1342 of title 31, United States
Code;
(B) accept, in the name of the Council, employ and dispose of
in furtherance of this Act, any money, or property, real or per-
sonal, or mixed, tangible or nontangible, received by gift, devise,
bequest, or otherwise; and
(C) enter into contracts and cooperative agreements with Fed-
eral and State agencies, private firms, institutions, and individ-
uals for the conduct of research and surveys, preparation of re-
ports and other activities necessary to the discharge of the
Council's duties and responsibilities.
(3) Not more than 10 per centum of the total amounts available to
the National Council in each fiscal year may be used for official
representation and reception.
(4) From the amount available to the Office of Special Education
and Rehabilitative Services, Department of Education, $500,000 in
fiscal year 1984 shall be transferred and made available to the Na-
tional Council.
(c) The Administrator of General Services shall provide to the
National Council on a reimbursable basis such administrative sup-
port services as the Council may request.
ADMINISTRATIVE POWERS OF NATIONAL COUNCIL
SEC. 404. (a) The National Council may prescribe such bylaws
and rules as may be necessary to carry out its duties under this
title.
97
(b) The National Council may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evi-
dence as it deems advisable.
(c) The National Council may appoint advisory committees to
assist the National Council in carrying out its duties. The members
thereof shall serve without compensation.
(d) The National Council may use the United States mails in the
same manner and upon the same conditions as other departments
and agencies of the United States.
AUTHORIZATION OF APPROPRIATIONS
SEC. 405. There are authorized to be appropriated to carry out
this title such sums as may be necessary.
TITLE V-MISCELLANEOUS
EFFECT ON EXISTING LAW
SEC. 500. (a) The Vocational Rehabilitation Act (29 U.S.C. 31 et
seq.) is repealed ninety days after the date of enactment of this Act
and references to such Vocational Rehabilitation Act in any other
provision of law shall, ninety days after such date, be deemed to be
references to the Rehabilitation Act of 1973. Unexpended appro-
priations for carrying out the Vocational Rehabilitation Act may
be made available to carry out this Act, as directed by the Presi-
dent. Approved State plans for vocational rehabilitation, approved
projects, and contractual arrangements authorized under the Voca-
tional Rehabilitation Act will be recognized under comparable pro-
visions of this Act so that there is no disruption of ongoing activi-
ties for which there is continuing authority.
(b) The authorizations of appropriations in the Vocational Reha-
bilitation Act are hereby extended at the level specified for the
fiscal year 1972 for the fiscal year 1973.
EMPLOYMENT OF HANDICAPPED INDIVIDUALS
SEC. 501. (a) There is established within the Federal Government
an Interagency Committee on Handicapped Employees (hereinafter
in this section referred to as the "Committee"), comprised of such
members as the President may select, including the following (or
their designees whose positions are Executive Level IV or higher):
the Chairman of the Office of Personnel Management, the Adminis-
trator of Veterans' Affairs, and the Secretaries of Labor and Edu-
cation and Health and Human Services. The Secretary of Educa-
tion and the Chairman of the Office of Personnel Management shall
serve as co-chairmen of the Committee. The resources of the Presi-
dent's Committees on Employment of the Handicapped and on
Mental Retardation shall be made fully available to the Commit-
tee. It shall be the purpose and function of the Committee (1) to
provide a focus for Federal and other employment of handicapped
individuals, and to review, on a periodic basis, in cooperation with
the Office of Personnel Management, the adequacy of hiring, place-
ment, and advancement practices with respect to handicapped indi-
viduals, by each department, agency, and instrumentality in the
executive branch of Government, and to insure that the special
98
needs of such individuals are being met; and (2) to consult with the
Office of Personnel Management to assist the Office to carry out its
responsibilities under subsections (b), (c), and (d) of this section. On
the basis of such review and consultation, the Committee shall pe-
riodically make to the Office of Personnel Management such recom-
mendations for legislative and administrative changes as it deems
necessary or desirable. The Office of Personnel Management shall
timely transmit to the appropriate committees of Congress any
such recommendations.
(b) Each department, agency, and instrumentality (including the
United States Postal Service and the Postal Rate Commission) in
the executive branch shall, within one hundred and eighty days
after the date of enactment of this Act, submit to the Office of Per-
sonnel Management and to the Committee an affirmative action
program plan for the hiring, placement, and advancement of handi-
capped individuals in such department, agency, or instrumentality.
Such plan shall include a description of the extent to which and
methods whereby the special needs of handicapped employees are
being met. Such plan shall be updated annually, and shall be re-
viewed annually and approved by the Office, if the Office deter-
mines, after consultation with the Committee, that such plan pro-
vides sufficient assurances, procedures, and commitments to pro-
vide adequate hiring, placement, and advancement opportunities
for handicapped individuals.
(c) The Office of Personnel Management, after consultation with
the Committee, shall develop and recommend to the Secretary for
referral to the appropriate State agencies, policies and procedures
which will facilitate the hiring, placement, and advancement in
employment of individuals who have received rehabilitation serv-
ices under State vocational rehabilitation programs, veterans' pro-
grams, or any other program for handicapped individuals, includ-
ing the promotion of job opportunities for such individuals. The
Secretary shall encourage such State agencies to adopt and imple-
ment such policies and procedures.
(d) The Office of Personnel Management, after consultation with
the Committee, shall, on June 30, 1974, and at the end of each sub-
sequent fiscal year, make a complete report to the appropriate
committees of the Congress with respect to the practices of and
achievements in hiring, placement, and advancement of handi-
capped individuals by each department, agency, and instrumentali-
ty and the effectiveness of the affirmative action programs re-
quired by subsection (b) of this section, together with recommenda-
tions as to legislation which have been submitted to the Office of
Personnel Management under subsection (a) of this section, or other
appropriate action to insure the adequacy of such practices. Such
report shall also include an evaluation by the Committee of the ef-
fectiveness of the activities of the Office of Personnel Management
under subsection (b) and (c) of this section.
(e) An individual who, as a part of his individualized written re-
habilitation program under a State plan approved under this Act,
participates in a program of unpaid work experience in a Federal
agency, shall not, by reason thereof, be considered to be a Federal
employee or to be subject to the provisions of law relating to Feder-
al employment, including those relating to hours of work, rates of
99
compensation, leaves, unemployment compensation, and Federal
employee benefits.
(f)(1) The Secretary of Labor and the Secretary of Education are
authorized and directed to cooperate with the President's Commit-
tee on Employment of the Handicapped in carrying out its func-
tions.
(2) In selecting personnel to fill all positions on the President's
Committee on Employment of the Handicapped, special consider-
ation shall be given to qualified handicapped individuals.
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
SEC. 502. (a)(1) There is established within the Federal Govern-
ment the Architectural and Transportation Barriers Compliance
Board (hereinafter referred to as the "Board") which shall be com-
posed as follows:
(A) Eleven members shall be appointed by the President
from among members of the general public of whom five shall
be handicapped individuals.
(B) The remaining members shall be the heads of each of the
following departments or agencies (or their designees whose po-
sitions are executive level IV or higher):
(i) Department of Health and Human Services.¹
(ii) Department of Transportation.
(iii) Department of Housing and Urban Development.
(iv) Department of Labor.
(v) Department of the Interior.
(vi) Department of Defense.
(vii) Department of Justice.
(viii) General Services Administration.
(ix) Veterans' Administration.
(x) United States Postal Service.
(xi) Department of Education. 1
The President shall appoint the first Chairman of such Board who
shall serve for a term of not more than two years; thereafter, the
Chairman shall be elected by a vote of a majority of the Board for
a term of one year.
(2) The term of office of each appointed member of the Board
shall be three years; except that (i) the members first taking office
shall serve, as designated by the President at the time of appoint-
ment, four for a term of one year, four for a term of two years, and
three for a term of three years, and (ii) any member appointed to
fill a vacancy shall serve for the remainder of the term for which
his predecessor was appointed.
(3) If any appointed member of the Board becomes a Federal em-
ployee, such member may continue as a member of the Board for
not longer than the sixty-day period beginning on the date he be-
comes such an employee.
(4) No individual appointed under paragraph (1)(A) of this subsec-
tion who has served as a member of the Board may be reappointed
to the Board more than once unless such individual has not served
¹P.L. 96-374 added the Department of Health and Human Services and Department of
Education in place of the Department of Health, Education, and Welfare.
100
on the Board for a period of two years prior to the effective date of
such individual's appointment.
(5)(A) Members of the Board who are not regular full-time em-
ployees of the United States shall, while serving on the business of
the Board, be entitled to receive compensation at rates fixed by the
President, but not to exceed the daily rate prescribed for GS-18
under section 5332 of title 5, United States Code, including travel-
time, for each day they are engaged in the performance of their
duties as members of the Board; and shall be entitled to reimburse-
ment for travel, subsistence, and other necessary expenses incurred
by them in carrying out their duties under this section.
(B) Members of the Board who are employed by the Federal Gov-
ernment shall serve without compensation, but shall be reimbursed
for travel, subsistence, other necessary expenses incurred by them
in carrying out their duties under this section.
(b) It shall be the function of the Board to: (1) insure compliance
with the standards prescribed pursuant to the Act of August 12,
1968, commonly known as the Architectural Barriers Act of 1968
(including the application of that Act to the United States Postal
Service) including but not limited to enforcing all standards under
that Act, and insuring that all waivers and modifications of stand-
ards are based upon findings of fact and are not inconsistent with
the provisions of such Act and this section; (2) investigate and ex-
amine alternative approaches to the architectural, transportation,
communication, and attitudinal barriers confronting handicapped
individuals, particularly with respect to telecommunications de-
vices, public buildings and monuments, parks and parklands,
public transportation (including air, water, and surface transporta-
tion whether interstate, foreign, intrastate, or local), and residen-
tial and institutional housing; (3) determine what measures are
being taken by Federal, State, and local governments and by other
public or nonprofit agencies to eliminate the barriers described in
clause (2) of this subsection; (4) promote the use of the Internation-
al Accessibility Symbol in all public facilities that are in compli-
ance with the standards prescribed by the Administrator of the
General Services Administration, the Secretary of Defense, and the
Secretary of Housing and Urban Development pursuant to the Ar-
chitectural Barriers Act of 1968; (5) make to the President and to
Congress reports which shall describe in detail the results to its in-
vestigations under clauses (2) and (3) of this subsection; (6) make to
the President and to the Congress such recommendations for legis-
lation and administration as it deems necessary or desirable to
eliminate the barriers described in clause (2) of this subsection; (7)
establish minimum guidelines and requirements for the standards
issued pursuant to the Act of August 12, 1968, as amended, com-
monly known as the Architectural Barriers Act of 1968; and (8)
insure that public conveyances, including rolling stock, are readily
accessible to, and usable by, physically handicapped persons.
(c) The Board shall also (1)(A) determine how and to what extent
transportation barriers impede the mobility of handicapped individ-
uals and aged handicapped individuals and consider ways in which
travel expenses in connection with transportation to and from
work for handicapped individuals can be met or subsidized when
such individuals are unable to use mass transit systems or need
101
special equipment in private transportation, and (B) consider the
housing needs of handicapped individuals; (2) determine what
measures are being taken, especially by public and other nonprofit
agencies and groups having an interest in and a capacity to deal
with such problems, (A) to eliminate barriers from public transpor-
tation systems (including vehicles used in such systems), and to
prevent their incorporation in new or expanded transportation sys-
tems and (B) to make housing available and accessible to handi-
capped individuals or to meet sheltered housing needs; and (3) pre-
pare plans and proposals for such further actions as may be neces-
sary to the goals of adequate transportation and housing for handi-
capped individuals, including proposals for bringing together in a
cooperative effort, agencies, organizations, and groups already
working toward such goals or whose cooperation is essential to ef-
fective and comprehensive action.
(d)(1) In carrying out its functions under this Act, the Board
shall, directly or through grants to public or private nonprofit orga-
nizations or contracts with private nonprofit or for profit organiza-
tions, carry out its functions under subsections (b) and (c) of this
section, and shall conduct investigations, hold public hearings, and
issue such orders as it deems necessary to insure compliance with
the provisions of the Acts cited in subsection (b). Except as provid-
ed in paragraph (3) of subsection (e), the provisions of subchapter II
of chapter 5, and chapter 7 of title 5, United States Code, shall
apply to procedures under this section, and an order of compliance
issued by the Board shall be a final order for purposes of judicial
review. Any such order affecting any Federal department, agency,
or instrumentality of the United States shall be final and binding
on such department, agency, or instrumentality. An order of com-
pliance may include the withholding or suspension of Federal
funds with respect to any building or public conveyance or rolling
stock found not to be in compliance with standards enforced under
this section. Pursuant to chapter 7 of title 5, United States Code,
any complainant or participant in a proceeding under this subsec-
tion may obtain review of a final order issued in such proceeding.
(2) The Executive Director is authorized, at the direction of the
Board-
(A) to bring a civil action in any appropriate United States
district court to enforce, in whole or in part, any final order of
the Board under this subsection; and
(B) to intervene, appear, and participate, or to appear as
amicus curiae, in any court of the United States or in any
court of a State in civil actions which related to this section or
to the Architectural Barriers Act of 1968.
Except as provided in section 518(a) of title 28, United States Code,
relating to litigation before the Supreme Court, the Executive Di-
rector may appear for and represent the Board in any civil litiga-
tion brought under this section.
(3) The Board, in consultation and coordination with other con-
cerned Federal departments and agencies and agencies within the
Department of Health, Education, and Welfare, shall develop
standards and provide appropriate technical assistance to any
public or private activity, person, or entity affected by regulations
prescribed pursuant to this title with respect overcoming to archi-
102
tectural, transportation, and communication barriers. Any funds
appropriated to any such department or agency for the purpose of
providing such assistance may be transferred to the Board for the
purpose of carrying out this paragraph. The Board may arrange to
carry out its responsibilities under this paragraph through such
other departments and agencies for such periods as the Board de-
termines is appropriate. In carrying out its technical assistance re-
sponsibilities under this paragraph, the Board shall establish a pro-
cedure to insure separation of its compliance and technical assist-
ance responsibilities under this section.
(e)(1) There shall be appointed by the Board an Executive Direc-
tor and such other professional and clerical personnel as are neces-
sary to carry out its functions under this Act. The Board is author-
ized to appoint as many hearing examiners as are necessary for
proceedings required to be conducted under this section. The provi-
sions applicable to hearing examiners appointed under section 3105
of title 5, United States Code, shall apply to hearing examiners ap-
pointed under this subsection.
(2) The Executive Director shall exercise general supervision over
all personnel employed by the Board (other than hearing examin-
ers and their assistants). The Executive Director shall have final
authority on behalf of the Board, with respect to the investigation
of alleged noncompliance in the issuance of formal complaints
before the Board, and shall have such other duties as the Board
may prescribe.
(3) For the purpose of this section, an order of compliance issued
by a hearing examiner shall be deemed to be an order of the Board
and shall be the final order for the purpose of judicial review.
(f) The departments or agencies specified in subsection (a) of this
section shall make available to the Board such technical, adminis-
trative, or other assistance as it may require to carry out its func-
tions under this section, and the Board may appoint such other ad-
visers, technical experts, and consultants as it deems necessary to
assist it in carrying out its functions under this section. Special ad-
visory and technical experts and consultants appointed pursuant to
this subsection shall, while performing their functions under this
section, be entitled to receive compensation at rates fixed by the
Secretary, but not exceeding the daily pay rate, for a person em-
ployed as a GS-18 under section 5332 of title 45, United States
Code, including traveltime, and while serving away from their
homes or regular places of business they may be allowed travel ex-
penses, including per diem in lieu of subsistence, as authorized by
section 5703 of such title 5 for persons in the Government service
employed intermittently.
(g) The Board shall, at the end of each fiscal year, report its ac-
tivities during the preceding fiscal year to the Congress. Such
report shall include an assessment of the extent of compliance with
the Acts cited in subsection (b) of this section, along with a descrip-
tion and analysis of investigations made and actions taken by the
Board, and the reports and recommendations described in clauses
(5) and (6) of subsection (b) of this section. The Board shall prepare
two final reports of its activities under section (c). One such report
shall be on its activities in the field of transportation barriers to
handicapped individuals, and the other such report shall be on its
103
activities in the field of the housing needs of handicapped individ-
uals. The Board shall, not later than September 30, 1975, submit
each such report, together with its recommendations, to the Presi-
dent and the Congress. The Board shall also prepare for such sub-
missions an interim report of its activities in each such field within
18 months after the date of enactment of this Act.
(h)(1) Within one year following the enactment of this subsection,
the Board shall submit to the President and the Congress a report
containing an assessment of the amounts required to be expended
by States and by political subdivisions thereof to provide handi-
capped individuals with full access to all programs and activities
receiving Federal assistance.
(2) The Board may make grants to, or enter into contracts with,
public or private organizations to carry out its duties under subsec-
tions (b) and (c). The Board may also make grants to any designat-
ed State unit for the purpose of conducting studies to provide the
cost assessment required by paragraph (1). Before including in
such report the findings of any study conducted for the Board
under a grant or contract to provide the Board with such cost as-
sessments, the Board shall take all necessary steps to validate the
accuracy of any such findings.
(i) There are authorized to be appropriated for the purpose of car-
rying out the duties and functions of the Board under this section
such sums as may be necessary for each fiscal year ending before
October 1, 1986, but in no event shall the amount appropriated for
any one fiscal year exceed $3,000,000.
EMPLOYMENT UNDER FEDERAL CONTRACTS
SEC. 503. (a) Any contract in excess of $2,500 entered into by any
Federal department or agency for the procurement of personal
property and nonpersonal services (including construction) for the
United States shall contain a provision requiring that, in employ-
ing persons to carry out such contract the party contracting with
the United States shall take affirmative action to employ and ad-
vance in employment qualified handicapped individuals as defined
in section 7(7). The provisions of this section shall apply to any sub-
contract in excess of $2,500 entered into by a prime contractor in
carrying out any contract for the procurement of personal property
and nonpersonal services (including construction) for the United
States. The President shall implement the provisions of this section
by promulgating regulations within ninety days after the date of
enactment of this section.
(b) If any handicapped individual believes any contractor has
failed or refuses to comply with the provisions of his contract with
the United States, relating to employment of handicapped individ-
uals, such individual may file a complaint with the Department of
Labor. The Department shall promptly investigate such complaint
and shall take such action thereon as the facts and circumstances
warrant, consistent with the terms of such contract and the laws
and regulations applicable thereto.
(c) The requirements of this section may be waived, in whole or
in part, by the President with respect to a particular contract or
subcontract, in accordance with guidelines set forth in regulations
104
which he shall prescribe, when he determines that special circum-
stances in the national interest so require and states in writing his
reasons for such determination.
NONDISCRIMINATION UNDER FEDERAL GRANTS AND PROGRAMS
SEC. 504. No otherwise qualified handicapped individual in the
United States, as defined in section 7(7), shall, solely by reason of
his handicap, be excluded from the participation in, be denied the
benefits of, or be subjected to discrimination under any program or
activity receiving Federal financial assistance or under any pro-
gram or activity conducted by any Executive agency or by the
United States Postal Service. The head of each such agency shall
promulgate such regulations as may be necessary to carry out the
amendments to this section made by the Rehabilitation, Compre-
hensive Services, and Developmental Disabilities Act of 1978.
Copies of any proposed regulation shall be submitted to appropriate
authorizing committees of the Congress, and such regulation may
take effect no earlier than the thirtieth day after the date on
which such regulation is so submitted to such committees.
REMEDIES AND ATTORNEYS' FEES
SEC. 505. (a)(1) The remedies, procedures, and rights set forth in
section 717 of the Civil Rights Act of 1964 (42 US.C. 2000e-16), in-
cluding the application of sections 706 (f) through 706 (k) (42 U.S.C.
2000e-5 (f) through (k)), shall be available, with respect to any com-
plaint under section 501 of this Act, to any employee or applicant
for employment aggrieved by the final disposition of such com-
plaint, or by the failure to take final action on such complaint. In
fashioning an equitable or affirmative action remedy under such
section, a court may take into account the reasonableness of the
cost of any necessary work place accommodation, and the availabil-
ity of alternatives therefor or other appropriate relief in order to
achieve an equitable and appropriate remedy.
(2) The remedies, procedures, and rights set forth in title VI of
the Civil Rights Act of 1964 shall be available to any person ag-
grieved by any act or failure to act by any recipient of Federal as-
sistance or Federal provider of such assistance under section 504 of
this Act.
(b) In any action or proceeding to enforce or charge a violation of
a provision of this title, the court, in its discretion, may allow the
prevailing party, other than the United States, a reasonable attor-
ney's fee as part of the costs.
SECRETARIAL RESPONSIBILITIES
SEC. 506. (1) The Secretary may provide directly or by contract
with State vocational rehabilitation agencies or experts or consult-
ants or groups thereof, technical assistance-
(A) to persons operating rehabilitation facilities; and
(B) with the concurrence of the Board established by section
502, to any public or nonprofit agency, institution, or organiza-
tion;
105
for the purpose of assisting such persons or entities in removing ar-
chitectural, transportation, or communication barriers. Any con-
currence of the Board under this paragraph shall reflect its consid-
eration of the cost studies carried out by States under section
502(c)(1).
(2) Any such experts or consultants, while serving pursuant to
such contracts, shall be entitled to receive compensation at rates
fixed by the Secretary, but not exceeding the daily equivalent of
the rate of basic pay payable for grade GS-18 of the General Sched-
ule, under section 5332 of title 5, United States Code, including
traveltime, and while so serving away from their homes or regular
places of business, they may be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by section 5703 of
title 5, United States Code, for persons in the Government service
employed intermittently.
(3) The Secretary, with the concurrence of the Board and the
President may provide, directly or by contract, financial assistance
to any public or nonprofit agency, institution, or organization for
the purpose of removing architectural, transportation, and commu-
nication barriers. No assistance may be provided under this para-
graph until a study demonstrating the need for such assistance has
been conducted and submitted under section 502(h)(2) of this title.
(4) In order to carry out this section, there are authorized to be
appropriated such sums as may be necessary.
INTERAGENCY COORDINATING COUNCIL
SEC. 507. There shall be established an Interagency Coordinating
Council (hereinafter referred to in this section as the "Council")
composed of the Secretary of Education, the Secretary of Health
and Human Services, the Secretary of Labor, the Attorney General,
the Chairman of the Office of Personnel Management, the Chair-
man of the Equal Employment Opportunity Commission, and the
Chairman of the Architectural and Transportation Barriers Com-
pliance Board. The Council shall have the responsibility for devel-
oping and implementing agreements, policies, and practices de-
signed to maximize effort, promote efficiency, and eliminate con-
flict, competition, duplication, and inconsistencies among the oper-
ations, functions and jurisdictions of the various departments,
agencies, and branches of the Federal Government responsible for
the implementation and enforcement of the provisions of this title,
and the regulations prescribed thereunder. On or before July 1 of
each year, the Council shall transmit to the President and to the
Congress a report of its activities, together with such recommenda-
tions for legislative or administrative changes as it concludes are
desirable to further promote the purposes of this section. Nothing
in this section shall impair any responsibilities assigned by any Ex-
ecutive Order to any Federal department, agency, or instrumentali-
ty to act as a lead Federal agency with respect to any provisions of
this title.
106
TITLE VI-EMPLOYMENT OPPORTUNITIES FOR
HANDICAPPED INDIVIDUALS
SHORT TITLE
SEC. 601. This title may be cited as the "Employment Opportuni-
ties for Handicapped Individuals Act".
PART A-COMMUNITY SERVICE EMPLOYMENT PILOT PROGRAMS FOR
HANDICAPPED INDIVIDUALS
ESTABLISHMENT OF PILOT PROGRAM
SEC. 611. (a) In order to promote useful opportunities in commu-
nity service activities for handicapped individuals who have poor
employment prospects, the Secretary of Labor (hereinafter in this
part referred to as the "Secretary") is authorized to establish a
community service employment pilot program for handicapped in-
dividuals. For purposes of this part, the term "eligible individuals"
means persons who are handicapped individuals (as defined in sec-
tion 7(7) of this Act) and who are referred to programs under this
part by designated State units.
(b)(1) The Secretary may enter into agreements with public or
private nonprofit agencies or organizations, including national or-
ganizations, agencies of a State government or a political subdivi-
sion of a State (having elected or duly appointed governing offi-
cials), or a combination of such political subdivisions, or tribal orga-
nizations in order to carry out the pilot program referred to in sub-
section (a). Such agreements may include provisions consistent
with subsection (c) for the payment of the costs of projects devel-
oped by such organizations and agencies in cooperation with the
Secretary. No payment shall be made by the Secretary toward the
cost of any such project unless the Secretary determines that:
(A) Such project will provide employment only for eligible in-
dividuals, except that if eligible individuals are not available to
serve as technical, administrative, or supervisory personnel for
a project then such personnel may be recruited from among
other individuals.
(B) Such project will provide employment for eligible individ-
uals in the community in which such individuals reside, or in
nearby communities.
(C) Such project will employ eligible individuals in services
related to publicly owned and operated facilities and projects,
or projects sponsored by organizations, other than political par-
ties, exempt from taxation under section 501(c)(3) of the Inter-
nal Revenue Code of 1954, except for projects involving the
construction, operation, or maintenance of any facility used or
to be used as a place for sectarian religious instruction or wor-
ship.
(D) Such project will contribute to the general welfare of the
community in which eligible individuals are employed under
such project.
(E) Such project (i) will result in an increase in employment
opportunities over those opportunities which would otherwise
be available, (ii) will not result in any displacement of current-
107
ly employed workers (including partial displacement, such as a
reduction in the hours of nonovertime work or wages or em-
ployment benefits), and (iii) will not impair existing contracts
or result in the substitution of Federal funds for other funds in
connection with work that would otherwise be performed.
(F) Such project will not employ any eligible individual to
perform work which is the same or substantially the same as
that performed by any other person who is on layoff from em-
ployment with the agency or organization sponsoring such
project.
(G) Such project will utilize methods of recruitment and se-
lection (including the listing of job vacancies with the State
agency units designated under section 101(a)(2)(A) to adminis-
ter vocational rehabilitation services under this Act) which
will assure that the maximum number of eligible individuals
will have an opportunity to participate in the project.
(H) Such project will provide for (i) such training as may be
necessary to make the most effective use of the skills and tal-
ents of individuals who are participating in the project, and (ii)
during the period of such training, a reasonable subsistence al-
lowance for such individuals and the payment of any other
reasonable expenses related to such training.
(I) Such project will provide safe and healthy working condi-
tions for any eligible individual employed under such project
and will pay any such individual at a rate of pay not lower
than the rate of pay described in paragraph (2).
(J) Such project will be established or administered with the
advice of (i) persons competent in the field of service in which
employment is being provided, and (ii) persons who are knowl-
edgeable with regard to the needs of handicapped individuals.
(K) Such project will pay any reasonable costs for work-relat-
ed expenses, transportation, and attendant care incurred by el-
igible individuals employed under such project in accordance
with regulations prescribed by the Secretary.
(L) Such project will provide appropriate placement services
for employees under the project to assist them in locating un-
subsidized employment when the Federal assistance for the
project terminates.
(2) The rate of pay referred to in subparagraph (I) of paragraph
(1) is the highest of the following:
(A) The prevailing rate of pay for persons employed in simi-
lar occupations by the same employer.
(B) The minimum wage which would be applicable to the em-
ployee under the Fair Labor Standards Act of 1938 if such em-
ployee were not exempt from such Act under section 13 there-
of.
(C) The State or local minimum wage for the most nearly
comparable covered employment.
The Department of Labor shall not issue any certificate of ex-
emption under section 14(c) of the Fair Labor Standards Act of
1938 with respect to any person employed in a project under this
section.
(c)(1) The Secretary may pay not to exceed 90 percent of the cost
of any project which is the subject of an agreement entered into
108
under subsection (b). Notwithstanding the preceding sentence, the
Secretary may pay all of the costs of any subh project which is (A)
an emergency or disaster project, or (B) a project located in an eco-
nomically depressed area, as determined by the Secretary in con-
sultation with the Secretary of Commerce and the Director of the
Community Services Administration.
(2) The non-Federal share of any project under this part may be
in cash or in kind. In determining the amount of the non-Federal
share, the Secretary may attribute fair market value to services
and facilities contributed from non-Federal sources.
(d) Payments under this part may be made in advance or by way
of reimbursement, and in such installments as the Secretary may
determine.
ADMINISTRATION
SEC. 612. (a) In order to effectively carry out the provisions of
this part, the Secretary shall, through the Commissioner of the Re-
habilitation Services Administration, consult with any designated
State unit with regard to-
(1) the localities in which community service projects of the
type authorized by this part are most needed;
(2) the employment situations and types of skills possessed
by eligible individuals in such localities; and
(3) potential projects suitable for funding in such localities.
(b) The Secretary shall coordinate the pilot program established
under this part with programs authorized under the Emergency
Jobs and Unemployment Assistance Act of 1974, the Job Training
Partnership Act, the Community Services Act of 1974, and the
Emergency Employment Act of 1971. Appropriations under this
part may not be used to carry out any program under the Acts re-
ferred to in the preceding sentence.
(c) In carrying out this part, the Secretary may, with the consent
of any other Federal, State, or local agency, use the services, equip-
ment, personnel, and facilities of such agency with or without pro-
viding such agency with reimbursement and may use the services,
equipment, and facilities of any other public or private entity on a
similar basis.
(d) Within one hundred and eighty days after the effective date
of this part, the Secretary shall issue and publish in the Federal
Register such regulations as may be necessary to carry out this
part.
(e) The Secretary shall not delegate any function of the Secretary
under this part to any other department or agency of the Federal
Government.
PARTICIPANTS NOT FEDERAL EMPLOYEES
SEC. 613. (a) Eligible individuals who are employed in any project
funded under this part shall not be considered to be Federal em-
ployees as a result of such employment and shall not be subject to
the provisions of part III of title 5, United States Code.
(b) No contract shall be entered into under this part with a con-
tractor who is, or whose employees are, under State law, exempted
from operation of any State workmen's compensation law generally
109
applicable to employees, unless the contractor shall undertake to
provide for persons to be employed under such contract, through
insurance by a recognized carrier or by self-insurance authorized
by State law, workmen's compensation coverage equal to that pro-
vided by law for covered employment.
(c) No part of the wages, allowances, or reimbursement for trans-
portation and attendant care costs made available to an eligible in-
dividual employed in any project funded under this part shall be
treated as income or benefits for the purpose of any other program
or provision of State or Federal law, unless the Secretary makes a
case by case determination that disallowance of such income or
benefits is inequitable or does not carry out the purposes of this
title.
INTERAGENCY COOPERATION
SEC. 614. (a) The Secretary shall consult with, and obtain the
written views of, the Commissioner of the Rehabilitation Services
Administration before establishing rules or general policy in the
administration of this part.
(b) The Secretary shall consult and cooperate with the Director
of the Community Services Administration, the Secretary of Health
and Human Services, and the heads of other Federal agencies car-
rying out related programs, in order to achieve maximum coordina-
tion between such programs and the program established under
this part. Each Federal agency shall cooperate with the Secretary
in disseminating information relating to the availability of assist-
ance under this part and identifying individuals eligible for em-
ployment in projects assisted under this part.
EQUITABLE DISTRIBUTION OF ASSISTANCE
SEC. 615. (a)(1) Preference in awarding grants or contracts under
this part shall be given to organizations of proven ability in provid-
ing employment services to handicapped individuals under this pro-
gram and similar programs. The Secretary, in awarding grants and
contracts under this section, shall, to the extent feasible, assure an
equitable distribution of activities under such grants and contracts
among the States, taking into account the needs of underserved
States.
(2) The Secretary shall allot for projects within each State the
sums appropriated for any fiscal year under section 617 so that
each State will receive an amount which bears the same ratio to
such sums as the population of the State bears to the population of
all the States.
(b) The amount allotted for projects within any State under sub-
section (a) for any fiscal year which the Secretary determines will
not be required for such year shall be reallotted, from time to time
and on such dates during such year as the Secretary may fix, to
projects within other States in proportion to the original allot-
ments to projects within such States under subsection (a) for such
year, but with such proportionate amount for any of such other
States being reduced to the extent it exceeds the sum the Secretary
estimates that projects within such State need and will be able to
use for such year. The total of such reductions shall be similarly
110
reallotted among the States whose proportionate amounts were not
so reduced. Any amount reallotted to a State under this subsection
during a year shall be deemed part of its allotment under subsec-
tion (a) for such year.
(c) The amount apportioned for projects within each State under
subsection (a) shall be apportioned among areas within each such
State in an equitable manner, taking into consideration (1) the pro-
portion which eligible individuals in each such area bears to the
total number of such individuals, respectively, in that State, and (2)
the relative distribution of such individuals residing in rural and
urban areas within the State.
DEFINITIONS
SEC. 616. For purposes of this part-
(1) the term "community service" means social, health, wel-
fare, and educational services, legal and other counseling serv-
ices and assistance, including tax counseling and assistance
and financial counseling, and library, recreational, and other
similar services; conservation, maintenance, or restoration of
natural resources; community betterment or beautification; an-
tipollution and environmental quality efforts; economic devel-
opment; and such other services essential and necessary to the
community as the Secretary, by regulation, may prescribe;
(2) the term "pilot program" means the community service
employment program for handicapped individuals established
under this part; and
(3) the term "attendant care" means interpreter services for
the deaf, reader services for the blind, and services provided to
assist mentally retarded individuals to perform duties of em-
ployment.
AUTHORIZATION OF APPROPRIATIONS
SEC. 617. There are authorized to be appropriated to carry out the
provisions of this part such sums as may be necessary for each of
the fiscal years 1984, 1985, and 1986.
PART B-PROJECTS WITH INDUSTRY AND BUSINESS OPPORTUNITIES
FOR HANDICAPPED INDIVIDUALS
PROJECTS WITH INDUSTRY
SEC. 621. (a)(1) The Commissioner, in consultation with the Secre-
taries of Labor and Commerce and with designated State units,
may enter into agreements with individual employers, designated
State units and other entities to establish jointly financed projects
which-
(A) shall provide handicapped individuals with training and
employment in a realistic work setting in order to prepare
them for employment in the competitive market;
(B) shall provide handicapped individuals with such support-
ive services as may be required to permit them to continue to
engage in the employment for which they have received train-
ing under this section; and
111
(C) shall, to the extent appropriate, expand job opportunities
for handicapped individuals. by providing for (i) the develop-
ment and modification of jobs to accommodate the special
needs of such individuals, (ii) the distribution of special aids,
appliances, or adapted equipment to such individuals, (iii) the
establishment of appropriate job placement services, and (iv)
the modification of any facilities or equipment of the employer
which are to be used primarily by handicapped individuals.
(2) Any agreement under this subsection shall be jointly devel-
oped by the Commissioner, the prospective employer, and, to the
extent practicable, the appropriate designated State unit and the
handicapped individuals 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)), and contain the items
required under subsection (b) and such other provisions as the par-
ties to the agreement consider to be appropriate.
(3) Any agreement developed under this subsection shall include a
description of an evaluation plan which at the end of each year of a
funding cycle reflects at a minimum the following-
(A) the numbers and types of handicapped individuals assist-
ed;
(B) the types of assistance provided;
(C) the sources of funding;
(D) the percentage of resources committed to each type of as-
sistance provided;
(E) the extent to which the employment status and earning
power of handicapped individuals changed following assist-
ance;
(F) the extent of capacity building activities, including col-
laboration with other organizations, agencies, and institutions;
and
(G) a comparison, when appropriate, of activities in prior
years with activities in the most recent year.
(b) No payment shall be made by the Commissioner under any
agreement with an employer entered into under subsection (a)
unless such agreement-
(1) provides assurances that handicapped individuals placed
with such employer shall receive at least the applicable mini-
mum wage;
(2) specifies that the Commissioner, together with the desig-
nated State unit, has the right to review any termination of
employment, and that, in the event such termination occurs
less than three years after the date of the commencement of
employment of the handicapped individual involved, the Com-
missioner shall be entitled to require the repayment of a por-
tion of the funds made available to the employer if such termi-
nation is without reasonable cause, as determined by the Com-
missioner in consultation with such designated State unit; and
(3) provides assurances that any handicapped individual
placed with such employer shall be afforded terms and benefits
of employment equal to those which are afforded to other em-
ployees of such employer, and that such handicapped individ-
112
uals shall not be unreasonably segregated from other employ-
ees.
(c) Payments under this section with respect to any project may
not exceed 80 per centum of the costs of the project.
(d)(1) The Commissioner shall, not later than February 1, 1985,
develop and publish standards for evaluation consistent with the
provisions in section (a)(3) to assist each recipient under the Projects
With Industry Program receiving assistance under this title to
review and evaluate the operation of its project.
(2) The Commissioner shall, pursuant to section 14 of this Act,
conduct a comprehensive evaluation of the Projects With Industry
Program and submit a report on February 1, 1986, to Congress on
the evaluation, including recommendations for the improvement
and continuation of each recipient and for the support of new
Projects With Industry recipients. In conducting the comprehensive
evaluation, the Commissioner shall apply standards for evaluation
criteria which are consistent with those required in section (a)(3).
(3) In developing standards for evaluation to be used by the
Projects With Industry recipients, and in developing the standards
for evaluation to be used in the comprehensive evaluation, the Com-
missioner shall obtain and consider recommendations for such
standards from State Vocational Rehabilitation Agencies, current
Projects With Industry recipients, professional organizations repre-
senting industry, organizations representing handicapped individ-
uals, individuals assisted by Projects With Industry recipients, and
labor organizations.
(4) No standards may be established under this subsection unless
the standards are approved by the National Council on the Handi-
capped. The Council shall approve the standards within ninety days
after receiving the standards. If the Secretary of Education has not
received notification of approval or disapproval from the Council
within ninety days, the standards shall be deemed approved. A
Council decision on such standards shall occur at a regularly sched-
uled meeting of the Council, and shall be the result of a simple ma-
jority of those present at the meeting.
(e) The parties to each agreement receiving assistance under this
section in the fiscal year in which the Rehabilitation Amendments
of 1984 is enacted shall continue to receive assistance through Sep-
tember 30, 1986, unless the Commissioner determines that there is a
substantial failure to comply with the agreement.
(f) The Commissioner shall to the extent practicable assure an eq-
uitable distribution of payments made under this section among the
States.
BUSINESS OPPORTUNITIES FOR HANDICAPPED INDIVIDUALS
SEC. 622. The Commissioner, in consultation with the Secretaries
of Labor and Commerce, may make grants to, or enter into con-
tracts with, handicapped individuals to enable them to establish or
operate commercial or other enterprises to develop or market their
products or services. Within ninety days after the effective date of
this section, the Commissioner shall promulgate regulations to
carry out this section, including regulations specifying (1) the maxi-
mum amount of money which may be provided under this section
113
to any participant, and (2) procedures for certification, by designat-
ed State units, of individuals eligible to participate in any program
under this section.
AUTHORIZATION OF APPROPRIATIONS
SEC. 623. There are authorized to be appropriated such sums as
may be necessary to carry out the provisions for section 621,
$13,000,000 for fiscal year 1984, $14,400,000 for fiscal year 1985, and
$15,200,000 for fiscal year 1986; and for section 622, such sums as
may be necessary for each of the fiscal years 1984, 1985, and 1986.
TITLE VII-COMPREHENSIVE SERVICES FOR INDEPENDENT
LIVING
PART A-COMPREHENSIVE SERVICES
PURPOSE
SEC. 701. The purpose of this title is to authorize grants (supple-
mentary to grants for vocational rehabilitation services under title
I) to assist States in providing comprehensive services for independ-
ent living designed to meet the current and future needs of individ-
uals whose disabilities are so severe that they do not presently
have the potential for employment but may benefit from vocational
rehabilitation services which will enable them to live and function
independently.
ELIGIBILITY
SEC. 702. Services may be provided under this title to any indi-
vidual whose ability to engage or continue in employment, or
whose ability to function independently in his family or communi-
ty, is so limited by the severity of his disability that vocational or
comprehensive rehabilitation services appreciably more costly and
of appreciably greater duration than those vocational or compre-
hensive rehabilitation services required for the rehabilitation of a
handicapped individual are required to improve significantly either
his ability to engage in employment or his ability to function inde-
pendently in his family or community. Priority of services under
this part shall be given to individuals not served by other provi-
sions of this Act.
(b) For purposes of this title, the term "comprehensive services
for independent living" means any appropriate vocational rehabili-
tation service (as defined under title I of this Act) and any other
service that will enhance the ability of a handicapped individual to
live independently and function within his family and community
and, if appropriate, secure and maintain appropriate employment.
Such services may include any of the following: counseling services,
including psychological, psychotherapeutic, and related services;
housing incidental to the purpose of this section (including appro-
priate accommodations to and modification of any space to serve
handicapped individuals); appropriate job placement services;
transportation; attendant care; physical rehabilitation; therapeutic
treatment; needed prostheses and other appliances and devices;
health maintenance; recreational activities; services for children of
114
preschool age, including physical therapy, development of language
and communication skills, and child development services; and ap-
propriate preventive services to decrease the needs of individuals
assisted under the program for similar services in the future.
ALLOTMENTS
SEC. 703. (a)(1) From sums made available for each fiscal year for
the purposes of allotments under this subpart, each State whose
comprehensive services plan has been approved under section 705
shall be entitled to an allotment of an amount bearing the same
ratio to such sums as the population of the State bears to the popu-
lation of all States. Except as provided in paragraph (2), the allot-
ment to any State under the preceding sentence shall be not less
than $200,000 or one-third of 1 percent of the sums made available
for the fiscal year for which the allotment is made, whichever is
greater, and the allotment of any State under this section for any
fiscal year which is less than $200,000 or one-third of 1 percent of
such sums shall be increased to the greater of the two amounts.
(2) For the purposes of this subsection, Guam, American Samoa,
the Virgin Islands, the Northern Mariana Islands, and the Trust
Territory of the Pacific Islands shall not be considered as States
and shall each be allotted not less than one-eighth of 1 percent of
the amounts made available for purposes of this subpart for the
fiscal year for which the allotment is made.
(b) Amounts necessary to increase the allotments of States under
paragraph (1) or to provide allotments under paragraph (2) shall be
derived by proportionately reducing the allotments of the remain-
ing States under paragraph (1), but with such adjustments as may
be necessary to prevent the allotment of any such remaining States
from being thereby reduced to less than the greater of $200,000 or
one-third of 1 percent of the sums made available for purposes of
this subpart for the fiscal year for which the allotment is made.
(c) Whenever the Commissioner determines that any amount of
an allotment to a State for any fiscal year will not be utilized by
such State in carrying out the purposes of this title, he shall make
such amount available for carrying out the purposes of this section
to one or more of the States which he determines will be able to
use additional amounts during such year for carrying out such pur-
poses. Any amount made available to a State for any fiscal year
pursuant to the preceding sentence shall, for the purposes of this
section, be regarded as an increase in the State's allotment (as de-
termined under the preceding provisions of this section) for such
year.
PAYMENTS TO STATES FROM ALLOTMENTS
SEC. 704. (a) From each State's allotment for a fiscal year under
section 703, the State shall be paid the Federal share of the ex-
penditures incurred during such year under its State plan ap-
proved under section 705. Such payments may be made (after nec-
essary adjustments on account of previously made overpayments or
underpayments) in advance or by way of reimbursement, and in
such installments and on such conditions as the Commissioner may
determine.
115
(b)(1) The Federal share with respect to any State for any fiscal
year shall be 90 percent of the expenditures incurred by the State
during such year under its State plan approved under section 705.
(2) The non-Federal share of the cost of any project assisted by
an allotment under this subpart may be provided in kind.
(3) For the purpose of determining the Federal share with re-
spect to any State, expenditures by a political subdivision of such
State shall, subject to regulations prescribed by the Commissioner,
be regarded as expenditures by such State.
STATE PLANS
SEC. 705. (a) In order to be eligible for grants under this part, a
State shall submit to the Commissioner a State plan for a three-
year period for providing comprehensive services for independent
living to severely handicapped individuals, and, upon request of the
Commissioner, shall make such annual revisions in the plan as
may be necessary. Each such plan shall-
(1) designate the designated State unit of such State as the
agency to administer the programs funded under this part;
(2) demonstrate that the State has studied and considered a
wide variety of methods for providing comprehensive services
to severely handicapped individuals (such as regional and com-
munity centers, halfway houses, and patient-release programs)
and that the State will provide, to the maximum extent feasi-
ble, meaningful alternatives to institutionalization;
(3)(A) describe the quality, scope, and extent of the compre-
hensive services for independent living to be provided to handi-
capped individuals under this part, and specify the State's
goals and plans with respect to the distribution of funds re-
ceived under part B of this title; and
(B) provide satisfactory assurances that facilities used in con-
nection with the delivery of services assisted under this part
and part B of this title will comply with the Act of August 12,
1968, commonly known as the Architectural Barriers Act of
1968;
(4) provide assurances that (A) an individualized written re-
habilitation program meeting the requirements of section 102
will be developed for each handicapped individual eligible for
independent living services under this part; (B) such services
will be provided in accordance with such program; and (C) that
such program be coordinated with the individualized written
rehabilitation program, habilitation plan, or education pro-
gram for such individual required under section 102 of this
Act, section 112 of the Developmental Disabilities Services and
Facilities Construction Act, and sections 612(4) and 614(a)(5) of
the Education for All Handicapped Children Act of 1975, re-
spectively;
(5) provide assurances that the State will conduct periodic re-
views of the progress of individuals assisted under this title to
determine whether services provided to such individuals
should be continued, modified, or discontinued;
(6) provide assurances that special efforts will be undertaken
to provide technical assistance to urban and rural poverty
116
areas with respect to the provision of comprehensive services
for severely handicapped individuals and describe such efforts;
(7) provide assurances that handicapped individuals shall
have a substantial role in developing the State plan;
(8) provide assurances that not less than 20 percent of the
funds received by a State under this part shall be used to make
grants to local public agencies and private nonprofit organiza-
tions for the conduct of independent living services except that
the Commissioner may waive the requirement of this clause if
the Commissioner determines, on the basis of evidence submit-
ted by the State, that such State cannot feasibly use the funds
required to be expended under this section for the purposes of
this clause; and
(9) contain such other information, and be submitted in such
form and in accordance with such procedures, as the Commis-
sioner may require.
(b) As soon as practicable after receiving a State plan submitted
under subsection (a), the Commissioner shall approve or disapprove
such plan. The Commissioner shall approve any State plan which
he determines meets the requirements and purposes of this section.
The provisions of subsections (b), (c), and (d) of section 101 of this
Act shall apply to any State plan submitted to the Commissioner
pursuant to this section, except that for purposes of this section, all
references in such subsections to the Secretary shall be deemed to
be references to the Commissioner.
PART B-CENTERS FOR INDEPENDENT LIVING
GRANT PROGRAM ESTABLISHED
SEC. 711. (a) The Commissioner may make grants to any desig-
nated State unit which administers the State plan under section
705 to provide for the establishment and operation of independent
living centers, which shall be facilities offering the services de-
scribed in subsection (c)(2).
(b) No grant may be made under this section unless an applica-
tion therefor has been submitted to and approved by the Commis-
sioner. The Commissioner may not approve an application for a
grant unless the application-
(1) contains assurances that the designated State unit will
use funds provided by such grant in accordance with subsec-
tion (c); and
(2) contains such other information, and is submitted in such
form and in accordance with such procedures, as the Commis-
sioner may require.
(c) An application by a public or nonprofit agency or organization
for such grant shall-
(1) provide assurances that handicapped individuals will be
substantially involved in policy direction and management of
such center, and will be employed by such center;
(2) contain assurances that the independent living center to
be assisted by such grant shall offer handicapped individuals a
combination of independent living services, including as appro-
priate-
117
(A) intake counseling to determine the client's need for
specific rehabilitation services;
(B) referral and counseling services with respect to at-
tendant care;
(C) counseling and advocacy services with respect to legal
and economic rights and benefits;
(D) independent living skills, counseling, and training,
including such programs as training in the maintenance of
necessary equipment and in jobseeking skills, counseling
on therapy needs and programs, and special programs for
the blind and deaf;
(E) housing and .transportation referral and assistance;
(F) surveys, directories, and other activities to identify
appropriate housing and accessible transportation, and
other support services;
(G) health maintenance programs;
(H) peer counseling;
(I) community group living arrangements;
(J) education and training necessary for living in the
community and participating in community activities;
(K) individual and group social and recreational activi-
ties;
(L) other programs designed to provide resources, train-
ing, counseling, services, or other assistance of substantial
benefit in promoting the independence, productivity, and
quality of life of handicapped individuals;
(M) attendant care and training or personnel to provide
such care; and
(N) such other services as may be necessary and not in-
consistent with the provisions of this title;
(3) contain a description of an evaluation plan which at the
end of each year of a funding cycle shall reflect at a minimum
the following-
(A) the numbers and types of handicapped individuals
assisted;
(B) the extent to which individuals with varying handi-
capping conditions were served;
(C) the types of services provided;
(D) the sources of funding;
(E) the percentage of resources committed to each type of
service provided;
(F) how services provided contributed to the maintenance
of or the increased independence of handicapped individ-
uals assisted;
(G) the extent to which handicapped individuals partici-
pate in management and decisionmaking in the center;
(H) the extent of capacity building activities including
collaboration with other agencies and organizations;
(I) the extent of catalytic activities to promote community
awareness, involvement, and assistance;
(J) the extent of outreach efforts and the impact of such
efforts; and
(K) a comparison, when appropriate, of prior year(s) ac-
tivities with most recent year activities.
118
(4) contain such other information, and be submitted in such
form and in accordance with such procedures, as the Commis-
sioner may require.
(d) If, within six months after the date in each fiscal year on
which the Commissioner begins to accept applications from desig-
nated State units under this section, a designated State unit in a
State has not submitted such an application, the Commissioner
may accept applications for grants under this section from local
public agencies or private nonprofit organizations within such
State. After the receipt of such applications, the Commissioner may
make grants to such agencies or organizations for the purpose of
establishing independent living centers to provide the services de-
scribed in subsection (c)(2).
(e)(1) The Commissioner shall, not later than February 1, 1985, de-
velop and publish standards for evaluation consistent with the pro-
visions in subparagraph (c)(3) to assist each independent living
center receiving funding under this title to review and evaluate the
operation of its center.
(2) The Commissioner shall, under the authority specified in sec-
tion 14 of this Act, conduct a comprehensive evaluation of the Cen-
ters for Independent Living Grant Program, and submit a report no
later than February 1, 1986, to Congress on the evaluation, includ-
ing recommendations for the improvement and continuation of each
grantee and for the support of new independent living centers. In
conducting the comprehensive evaluation, the Commissioner shall
apply standards for evaluation which are consistent with the stand-
ards required in paragraph (1).
(3) In developing standards for evaluation to be used by the grant-
ees, and in developing the standards for evaluation to be used in the
comprehensive evaluation, the Commissioner shall obtain and con-
sider recommendations for such standards from national organiza-
tions representing handicapped individuals and independent living
programs; and from independent living centers, professionals serv-
ing handicapped individuals, and individuals, associations, and or-
ganizations engaged in research in independent living.
(4) No standards may be established under this subsection unless
the standards are approved by the National Council on the Handi-
capped. The Council shall approve the standards within ninety days
after receiving the standards. If the Secretary of Education has not
received notification of approval or disapproval from the Council
within the ninety days, the standards shall be deemed approved. A
Council decision on such standards shall occur at a regularly sched-
uled meeting of the Council, and shall be the result of a simple ma-
jority of those present at the meeting.
(f) Grantees receiving assistance under this section in the fiscal
year in which the Rehabilitation Amendments of 1984 are enacted
shall continue to receive assistance through September 30, 1986,
unless the Commissioner determines that there is a substantial fail-
ure to comply with the provisions of the approved application.
119
PART C-INDEPENDENT LIVING SERVICES FOR OLDER BLIND
INDIVIDUALS
SERVICE PROGRAM ESTABLISHED
SEC. 721. (a) The Commission may make grants to any designated
State unit to provide independent living services to older blind in-
dividuals. Such services shall be designed to assist an older blind
individual to adjust to his blindness by becoming more able to care
for his individual needs. Such services may include-
(1) services to help correct blindness such as (A) outreach
services, (B) visual screening, (C) surgical or therapeutic treat-
ment to prevent, correct, or modify disabling eye conditions,
and (D) hospitalization related to such services;
(2) the provision of eyeglasses and other visual aids;
(3) the provision of services and equipment to assist an older
blind individual to become more mobile and more able to care
for himself;
(4) mobility training, Braille instruction, and other services
and equipment to help an older blind individual adjust to
blindness;
(5) guide services, reader services, and transportation; and
(6) any other appropriate services designed to assist a blind
person in coping with daily living activities, including support-
ive services or rehabilitation teaching services.
(b) No grant may be made under this section unless an applica-
tion therefor, containing such information as the Commissioner
may require, has been submitted to and approved by the Commis-
sioner. The Commissioner may not approve any application for a
grant unless the application contains assurances that the designat-
ed State unit will seek to incorporate any new methods and ap-
proaches relating to the services described in subsection (a) into its
State plan for independent living services under section 705 of this
title.
(c) Funds received under this section by any designated State
unit may be used to make grants to public or private nonprofit
agencies or organizations to-
(1) conduct activities which will improve or expand services
for older blind individuals and help improve public under-
standing of the problems of such individuals; and
(2) provide independent living services to older blind individ-
uals in accordance with the provisions of subsection (a).
(d) For purposes of this section, the term "older blind indi-
vidual" means an individual aged fifty-five or older whose severe
visual impairment makes gainful employment extremely diffi-
cult to attain but for whom independent living goals are feasible.
PART D-GENERAL PROVISIONS
PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS
SEC. 731. (a) The Commissioner may make grants to States to es-
tablish systems to protect and advocate the rights of severely
handicapped individuals. In order to be eligible for a grant under
120
this section, a State shall provide the Commissioner with assur-
ances that any system established with grants made under this sec-
tion shall have the authority to pursue legal, administrative, and
other appropriate remedies to insure the protection of the rights of
such individuals receiving services under this title within the
State. A State must provide that such system will be independent
of any designated State unit that provides services under this part
to such individuals.
(b) No grant may be made under this section unless an applica-
tion therefor has been submitted to the Commissioner containing
such information and in such form and in accordance with such
procedures as the Commissioner may, by regulation, prescribe.
EMPLOYMENT OF HANDICAPPED INDIVIDUALS
SEC. 732. As a condition of providing assistance under this title,
the Secretary shall require that each recipient of assistance take
affirmative action to employ and advance in employment qualified
handicapped individuals on the same terms and conditions required
with respect to the employment of such individuals under the pro-
visions of this Act which govern employment (1) by State rehabili-
tation agencies and rehabilitation facilities, and (2) under Federal
contracts and subcontracts.
PART E-AUTHORIZATIONS
AUTHORIZATION OF APPROPRIATIONS
SEC. 741. (a) There are authorized to be appropriated to carry out
part A of this title such sums as may be necessary for each of the
fiscal years 1984, 1985, and 1986.
(b) There are authorized to be appropriated to carry out part B of
this title $21,000,000 for the fiscal year 1984, $22,000,000 for the
fiscal year 1985, and $23,000,000 for the fiscal year 1986.
(c) There are authorized to be appropriated to carry out part C of
this title such sums as may be necessary for each of the fiscal years
1984, 1985, and 1986.
(2)1 The provisions of section 1913 of title 18 of the United States
Code shall be applicable to all moneys authorized under the provi-
sions of this subsection.
(d)(1) There are authorized to be appropriated to carry out part D
of this title such sums as may be necessary for each of the fiscal
years 1984, 1985, and 1986.
1 Section 172 of P.L. 98-221, because of a technical error, failed to redesignate subsection (c)(2)
as (d)(2). The requirement of this subsection is applicable to funds authorized to carry out Part
D.
121
HELEN KELLER NATIONAL CENTER ACT
CONGRESSIONAL FINDINGS
SEC. 202. The Congress finds that-
(1) deaf-blindness is among the most severe of all forms of
disabilities, and there is a great and continuing need for serv-
ices and training to help deaf-blind individuals attain the
highest possible level of development;
(2) due to the rubella epidemic of the 1960's and recent ad-
vances in medical technology that have sustained the lives of
many severely disabled individuals, including deaf-blind indi-
viduals, who might not otherwise have survived, the need for
services for deaf-blind individuals is even more pressing now
than in the past;
(3) helping deaf-blind individuals to become self-sufficient,
independent, and employable by providing the services and
training necessary to accomplish that end will benefit the
Nation, both economically and socially;
(4) the Helen Keller National Center for Deaf-Blind Youths
and Adults is a vital national resource for meeting the needs of
deaf-blind individuals and no State currently has the facilities
or personnel to meet such needs;
(5) the Federal Government has invested approximately
$10,000,000 in capital, equipment, and operating funds for such
Center since it was established; and
(6) it is in the national interest to continue to provide support
for the Center, and it is a proper function of the Federal Gov-
ernment to be the primary source of such support.
AUTHORIZATION FOR THE CONTINUED OPERATION OF THE HELEN
KELLER NATIONAL CENTER FOR DEAF-BLIND YOUTHS AND ADULTS;
REPEAL OF PRIOR AUTHORIZATION
SEC. 203. (a) Section 313 of the Rehabilitation Act of 1973 (29
U.S.C. 777c) is repealed.
(b) The Secretary of Education shall continue to administer and
support the Helen Keller National Center for Deaf-Blind Youths
and Adults in the same manner as such Center was administered
pursuant to section 313 of the Rehabilitation Act of 1973, to the
extent such manner of administration is not inconsistent with any
purpose described in subsection (c) or any other requirement of this
title.
(c) The purposes of the Center are to-
(1) provide specialized intensive services, or any other services,
at the Center or anywhere else in the United States, which are
necessary to encourage the maximum personal development of
any deaf-blind individual;
45-277 0 - 85 - 5
122
(2) train professionals and allied personnel at the Center or
anywhere else in the United States to provide services to deaf-
blind individuals; and
(3) conduct applied research, development programs, and dem-
onstrations with respect to communication techniques, teaching
methods, aids and devices, and delivery of services.
AUDIT; MONITORING AND EVALUATION
SEC. 204. (a) The books and accounts of the Center shall be audit-
ed annually by an independent auditor in the manner prescribed by
the Secretary and a report on each such audit shall be submitted by
the auditor to the Secretary at such time as the Secretary shall pre-
scribe.
(b)(1) The Secretary shall establish procedures for monitoring, on
a regular basis, the services performed and the training conducted
by the Center.
(2) The Secretary shall, in addition to the regular monitoring re-
quired under paragraph (1), conduct an evaluation of the operation
of the Center at the end of each fiscal year. A written report of such
evaluation shall be submitted to the President, the Clerk of the
House of Representatives, and the Secretary of the Senate within
one hundred and eighty days after the end of the fiscal year for
which such evaluation was conducted. The first such report shall be
submitted for fiscal year 1983.
AUTHORIZATION OF APPROPRIATIONS
SEC. 205. (a) There are authorized to be appropriated $4,000,000
for the fiscal year 1984, $4,200,000 for the fiscal year 1985, and
$4,300,000 for the fiscal year 1986 to carry out the provisions of this
title. Such sums shall remain available until expended.
(b) Any appropriation Act containing any appropriation author-
ized by subsection (a) shall contain a statement of the specific
amount being made available to the Center.
DEFINITIONS
SEC. 206. For purposes of this title-
(1) the terms "Helen Keller National Center for Deaf-Blind
Youths and Adults" and "Center" mean the Helen Keller
National Center for Deaf-Blind Youths and Adults, and its af-
filiated network, operated pursuant to section 313 of the Reha-
bilitation Act of 1973 and continued under this title;
(2) the term "deaf-blind individual" means any individual-
(A) who has a central visual acuity of 20/200 or less in
the better eye with corrective lenses, or central acuity of 20/
200 if there is a field defect such that the peripheral diam-
eter of visual field subtends an angular distance no greater
than 20 degrees,
(B) who has a chronic hearing impairment so severe that
most speech cannot be understood with optimum amplifica-
tion, and
(C) for whom the combination of the impairments de-
scribed in subparagraphs (A) and (B) causes extreme diffi-
123
culty in attaining independence in daily life activities,
achieving psychosocial adjustment, or obtaining a vocation,
and such term includes any other meaning the Secretary may
prescribe by regulation; and
(3) the term "Secretary" means the Secretary of Education.
CONSTRUCTION OF ACT; EFFECT ON AGREEMENTS
SEC. 207. This title shall not be construed as modifying or affect-
ing any agreement between the Department of Education or any
other department or agency of the United States and the Industrial
Home for the Blind, Incorporated, or any successor to or assignee of
such corporation, with respect to the Center.
PART III-DEVELOPMENTAL DISABILITIES ACT OF 1984
(Public Law 98-527)
98 STAT. 2662
PUBLIC LAW 98-527-OCT. 19, 1984
Public Law 98-527
98th Congress
An Act
Oct. 19, 1984
To revise and extend programs for persons with developmental disabilities.
[H.R. 5603]
Be it enacted by the Senate and House of Representatives of the
Developmental
United States of America in Congress assembled, That this Act may
Disabilities Act
be cited as the "Developmental Disabilities Act of 1984".
of 1984.
SEC. 2. Title I of the Mental Retardation Facilities and Commu-
42 USC 6000
note.
nity Mental Health Centers Construction Act of 1963 is amended to
read as follows:
Developmental
"TITLE I-PROGRAMS FOR PERSONS WITH
Disabilities
DEVELOPMENTAL DISABILITIES
Assistance and
Bill of Rights
Act.
"PART A-GENERAL PROVISIONS
"SHORT TITLE
42 USC 6000
"SEC. 100. This title may be cited as the 'Developmental Disabil-
note.
ities Assistance and Bill of Rights Act'.
"FINDINGS AND PURPOSES
42 USC 6000.
"SEC. 101. (a) The Congress finds that-
"(1) there are more than two million persons with develop-
mental disabilities in the United States;
"(2) individuals with disabilities occurring during their devel-
opmental period are more vulnerable and less able to reach an
independent level of existence than other handicapped individ-
uals who generally have had a normal developmental period on
which to draw during the rehabilitation process;
"(3) persons with developmental disabilities often require spe-
cialized lifelong services to be provided by many agencies in a
coordinated manner in order to meet the persons' needs;
"(4) generic service agencies and agencies providing special-
ized services to disabled persons tend to overlook or exclude
persons with developmental disabilities in their planning and
delivery of services; and
"(5) it is in the national interest to strengthen specific pro-
grams, especially programs that reduce or eliminate the need
for institutional care, to meet the needs of persons with develop-
mental disabilities.
"(b)(1) It is the overall purpose of this title to assist States to (A)
assure that persons with developmental disabilities receive the care,
treatment, and other services necessary to enable them to achieve
their maximum potential through increased independence, produc-
tivity, and integration into the community, and (B) establish and
operate a system which coordinates, monitors, plans, and evaluates
services which ensures the protection of the legal and human rights
of persons with developmental disabilities.
"(2) The specific purposes of this title are-
(125)
126
PUBLIC LAW 98-527-OCT. 19, 1984
98 STAT. 2663
"(A) to assist in the provision of comprehensive services to
persons with developmental disabilities, with priority to those
persons whose needs are not otherwise met under the Rehabili-
tation Act of 1973 or other health, education, or welfare pro-
29 USC 701 note.
grams;
"(B) to assist States in appropriate planning activities;
"(C) to make grants to States and public and private, non- Grants.
profit agencies to establish model programs, to demonstrate
innovative habilitation techniques, and to train professional
and paraprofessional personnel with respect to providing serv-
ices to persons with developmental disabilities;
"(D) to make grants to university affiliated facilities to assist Grants.
them in administering and operating demonstration facilities
for the provision of services to persons with developmental
disabilities and interdisciplinary training programs for person-
nel needed to provide specialized services for these persons; and
"(E) to make grants to support a system in each State to
Grants.
protect the legal and human rights of all persons with develop-
mental disabilities.
"DEFINITIONS
"SEC. 102. For purposes of this title:
42 USC 6001.
"(1) The term 'State' includes Puerto Rico, Guam, the Com-
monwealth of the Northern Mariana Islands, American Samoa,
the Virgin Islands, the Trust Territory of the Pacific Islands,
and the District of Columbia.
"(2) The term 'facility for persons with developmental disabil-
ities' means a facility, or a specified portion of a facility, de-
signed primarily for the delivery of one or more services to
persons with one or more developmental disabilities.
"(3) The terms 'nonprofit facility for persons with develop-
mental disabilities' and 'nonprofit private institution of higher
learning' mean, respectively, a facility for persons with develop-
mental disabilities and an institution of higher learning which
are owned and operated by one or more nonprofit corporations
or associations no part of the net earnings of which inures, or
may lawfully inure, to the benefit of any private shareholder or
individual. The term 'nonprofit private agency or organization'
means an agency or organization which is such a corporation or
association or which is owned and operated by one or more of
such corporations or associations.
"(4) The term 'construction' includes construction of new
buildings, acquisition, expansion, remodeling, and alteration of
existing buildings, and initial equipment of any such buildings
(including medical, transportation, and recreation facilities);
including architect's fees, but excluding the cost of offsite im-
provements and the cost of the acquisition of land.
"(5) The term 'cost of construction' means the amount found
by the Secretary to be necessary for the construction of a
project.
"(6) The term 'title', when used with reference to a site for a
project, means a fee simple, or such other estate or interest
(including a leasehold on which the rental does not exceed 4 per
centum of the value of the land) as the Secretary finds sufficient
to assure for a period of not less than fifty years undisturbed
use and possession for the purposes of construction and oper-
ation of the project.
127
98 STAT. 2664
PUBLIC LAW 98-527-OCT. 19, 1984
"(7) The term 'developmental disability' means a severe,
chronic disability of a person which-
"(A) is attributable to a mental or physical impairment or
combination of mental and physical impairments;
"(B) is manifested before the person attains age twenty-
two;
"(C) is likely to continue indefinitely;
"(D) results in substantial functional limitations in three
or more of the following areas of major life activity: (i) self-
care, (ii) receptive and expressive language, (iii) learning,
(iv) mobility, (v) self-direction, (vi) capacity for independent
living, and (vii) economic self-sufficiency; and
"(E) reflects the person's need for a combination and
sequence of special, interdisciplinary, or generic care, treat-
ment, or other services which are of lifelong or extended
duration and are individually planned and coordinated.
"(8) The term 'independence' means the extent to which
persons with developmental disabilities exert control and choice
over their own lives.
"(9) The term 'productivity' means—
"(A) engagement in income-producing work by a person
with developmental disabilities which is measured through
improvements in income level, employment status, or job
advancement, or
"(B) engagement by a person with developmental dis-
abilities in work which contributes to a household or
community.
"(10) The term 'integration' means—
"(A) the-
"(i) use by persons with developmental disabilities of
the same community resources that are used by and
available to other citizens, and
"(ii) participation by persons with developmental dis-
abilities in the same community activities in which
nonhandicapped citizens participate,
together with regular contact with nonhandicapped citi-
zens, and
"(B) the residence by persons with developmental disabil-
ities in homes or in home-like settings which are in proxim-
ity to community resources, together with regular contact
with nonhandicapped citizens in their communities.
"(11)(A) The term 'services for persons with developmental
disabilities' means—
"(i) priority services; and
"(ii) any other specialized services or special adaptations
of generic services for persons with developmental disabil-
ities, including diagnosis, evaluation, treatment, personal
care, day care, domiciliary care, special living arrange-
ments, training, education, sheltered employment, recrea-
tion and socialization, counseling of the person with such
disability and the family of such person, protective and
other social and sociolegal services, information and refer-
ral services, follow-along services, nonvocational social-de-
velopmental services, transportation services necessary to
assure delivery of services to persons with developmental
disabilities, and services to promote and coordinate activi-
ties to prevent developmental disabilities.
128
PUBLIC LAW 98-527-OCT. 19, 1984
98 STAT. 2665
"(B) The term 'service activities' includes, with respect to a
priority service or a service described in subparagraph (A)(ii)-
"(i) the provision of specialized services in the area which
respond to unmet needs of persons with developmental
disabilities;
"(ii) model service programs in the area;
"(iii) activities to increase the capacity of agencies to
provide services in the area;
"(iv) the coordination of the provision of services in the
area with the provision of other services;
"(v) outreach to individuals for the provision of services
in the area;
"(vi) the training of personnel, including parents of per-
sons with developmental disabilities, professionals, and vol-
unteers, to provide services in the area; and
"(vii) similar activities designed to expand the use and
availability of services in the area.
"(C) The term 'priority services' means alternative commu-
nity living arrangement services, employment related activities,
child development services, and case management services.
"(D) The term 'alternative community living arrangement
services' means such services as will assist persons with devel-
opmental disabilities in developing or maintaining suitable resi-
dential arrangements in the community, including in-house
services (such as personal aides and attendants and other do-
mestic assistance and supportive services), family support serv-
ices, foster care services, group living services, respite care,
recreation and socialization services, and staff training, place-
ment, and maintenance services.
"(E) The term 'employment related activities' means such
services as will increase the independence, productivity, or
integration of a person with developmental disabilities in work
settings, including such services as employment preparation
and vocational training leading to supported employment, in-
centive programs for employers who hire persons with develop-
mental disabilities, services to assist transition from special
education to employment, and services to assist transition from
sheltered work settings to supported employment settings or
competitive employment.
"(F) The term supported employment' means paid employ-
ment which-
"(i) is for persons with developmental disabilities for
whom competitive employment at or above the minimum
wage is unlikely and who, because of their disabilities, need
intensive ongoing support to perform in a work setting;
"(ii) is conducted in a variety of settings, particularly
worksites in which persons without disabilities are em-
ployed; and
(iii) is supported by any activity needed to sustain paid
work by persons with disabilities, including supervision,
training, and transportation.
"(G) The term 'child development services' means such serv-
ices as will assist in the prevention, identification, and allevi-
ation of developmental disabilities in children, including early
intervention services, counseling and training of parents, early
identification of developmental disabilities, and diagnosis and
evaluation of such developmental disabilities.
129
98 STAT. 2666
PUBLIC LAW 98-527-OCT. 19, 1984
"(H) The term 'case management services' means such serv-
ices to persons with developmental disabilities as will assist
them in gaining access to needed social, medical, educational,
and other services. Such term includes—
"(i) follow-along services which ensure, through a con-
tinuing relationship, lifelong if necessary, between an
agency or provider and a person with a developmental
disability and the person's immediate relatives or guard-
ians, that the changing needs of the person and the family
are recognized and appropriately met; and
"(ii) coordination services which provide to persons with
developmental disabilities support, access to (and coordina-
tion of) other services, information on programs and serv-
ices, and monitoring of the persons' progress.
"(12) The term 'satellite center' means a public or private
nonprofit entity which-
"(A)(i) is affiliated with one or more university affiliated
facilities;
"(ii) functions as a community or regional extension of
such university affiliated facility or facilities in the delivery
of services to persons with developmental disabilities, and
their families, who reside in geographical areas where ade-
quate services are not otherwise available; and
"(iii) may engage in the activities described in subpara-
graph (A), (B), or (C) of paragraph (13); or
"(B) is affiliated with one or more university affiliated
facilities and which provides for at least—
"(i) interdisciplinary training for personnel con-
cerned with the provision of direct or indirect services
to persons with developmental disabilities; and
"(ii) dissemination of findings relating to the provi-
sion of services to persons with developmental disabil-
ities.
"(13) The term 'university affiliated facility' means a public or
nonprofit facility which is associated with, or is an integral part
of, a college or university and which provides for at least the
following activities:
"(A) Interdisciplinary training for personnel concerned
with developmental disabilities which is conducted at the
facility and through outreach activities.
"(B) Demonstration of-
"(i) exemplary services relating to persons with de-
velopmental disabilities in settings which are inte-
grated in the community; and
"(ii) technical assistance to generic and specialized
agencies to provide services to increase the independ-
ence, productivity, and integration into the community
of persons with developmental disabilities, such as the
development and improvement of quality assurance
mechanisms.
"(C)(i) Dissemination of findings relating to the provision
of services under subparagraph (B) of this paragraph, and
(ii) providing researchers and government agencies sponsor-
ing service-related research with information on the needs
for further service-related research which would provide
data and information that will assist in increasing the
130
PUBLIC LAW 98-527-OCT. 19, 1984
98 STAT. 2667
independence, productivity, and integration into the com-
munity of persons with developmental disabilities.
"(14) The term 'Secretary' means the Secretary of Health and
Human Services.
"(15) The term 'State Planning Council' means a State Plan-
ning Council established under section 124.
Post, p. 2675.
"FEDERAL SHARE
"SEC. 103. (a) The Federal share of all projects in a State
Prohibition.
supported by an allotment to the State under part B may not exceed
42 USC 6002.
75 percent of the aggregate necessary costs of all such projects, as
Post, p. 2670.
determined by the Secretary, except that in the case of projects
located in urban or rural poverty areas, the Federal share of all such
projects may not exceed 90 percent of the aggregate necessary costs
of such projects, as determined by the Secretary.
"(b) The Federal share of any project to be provided through
Prohibition.
grants under part D may not exceed 75 percent of the necessary cost
Post, p. 2681.
of such project, as determined by the Secretary, except that if the
project is located in an urban or rural poverty area, the Federal
share may not exceed 90 percent of the project's necessary costs as
so determined.
"(c) The non-Federal share of the cost of any project assisted by a
grant or allotment under this title may be provided in kind.
"(d) For the purpose of determining the Federal share with re-
spect to any project, expenditures on that project by a political
subdivision of a State or by a nonprofit private entity shall, subject
to such limitations and conditions as the Secretary may by regula-
tion prescribe, be deemed to be expenditures by such State in the
case of a project under part B or by a university affiliated facility or
a satellite center, as the case may be, in the case of a project assisted
under part D.
"RECORDS AND AUDIT
"Sec. 104. (a) Each recipient of assistance under this title shall
42 USC 6003.
keep such records as the Secretary shall prescribe, including (1)
records which fully disclose (A) the amount and disposition by such
recipient of the proceeds of such assistance, (B) the total cost of the
project or undertaking in connection with which such assistance is
given or used, and (C) the amount of that portion of the cost of the
project or undertaking supplied by other sources, and (2) such other
records as will facilitate an effective audit.
"(b) The Secretary and the Comptroller General of the United
States, or any of their duly authorized representatives, shall have
access for the purpose of audit and examination to any books,
documents, papers, and records of the recipients of assistance under
this title that are pertinent to such assistance.
"RECOVERY
"Sec. 105. If any facility with respect to which funds have been 42
USC 6004.
paid under part B or D shall, at any time within twenty years after
the completion of construction-
"(1) be sold or transferred to any person, agency, or organiza-
tion which is not a public or nonprofit private entity, or
"(2) cease to be a public or other nonprofit facility for persons
with developmental disabilities,
131
98 STAT. 2668
PUBLIC LAW 98-527-OCT. 19, 1984
the United States shall be entitled to recover from either the
transferor or the transferee (or, in the case of a facility which has
ceased to be a public or other nonprofit facility for persons with
developmental disabilities, from the owners thereof) an amount
bearing the same ratio to the then value (as determined by the
agreement of the parties or by action brought in the district court of
the United States for the district in which the facility is situated) of
so much of such facility as constituted an approved project or
projects, as the amount of the Federal participation bore to the cost
of the construction of such project or projects. Such right of recovery
shall not constitute a lien upon such facility prior to judgment. The
Secretary, in accordance with regulations prescribed by the Secre-
tary, may, upon finding good cause therefor, release the applicant or
other owner from the obligation to continue such facility as a
public or other nonprofit facility for persons with developmental
disabilities.
"STATE CONTROL OF OPERATIONS
42 USC 6005.
"Sec. 106. Except as otherwise specifically provided, nothing in
this title shall be construed as conferring on any Federal officer or
employee the right to exercise any supervision or control over the
administration, personnel, maintenance, or operation of any facility
for persons with developmental disabilities with respect to which
any funds have been or may be expended under this title.
"REPORTS
42 USC 6006.
"SEC. 107. (a) By January 1 of each year, the State Planning
Council of each State shall prepare and transmit to the Secretary a
report concerning activities carried out during the preceding fiscal
Post, p. 2670.
year with funds paid to the State under part B for such fiscal year.
Each such report shall be in a form prescribed by the Secretary by
regulation and shall contain-
"(1) a description of such activities and the accomplishments
resulting from such activities;
"(2) a comparison of such accomplishments with the goals,
objectives, and proposed activities specified by the State in the
Post, p. 2670.
State plan submitted under section 122 for such fiscal year; and
"(3) an accounting of the manner in which funds paid to a
State under part B for a fiscal year were expended.
"(b) By January 1 of each year, each protection and advocacy
Post, p. 2679.
system established in a State pursuant to part C shall prepare and
transmit to the Secretary a report which describes the activities,
accomplishments, and expenditures of the system during the preced-
ing fiscal year.
"(c)(1) By April 1 of each year the Secretary shall prepare and
transmit to the President, the Congress, and the National Council
on the Handicapped a report which describes-
"(A) the activities and accomplishments of programs sup-
Post, pp. 2670,
ported under parts B, C, D, and E of this title; and
2679, 2681, 2683.
"(B) the progress made in States in improving the independ-
ence, productivity, and integration into the community of per-
sons with developmental disabilities and any activities or serv-
ices needed to improve such independence, productivity, and
integration.
"(2) In preparing the report required by this subsection, the
Secretary shall use and include information submitted to the Secre-
132
PUBLIC LAW 98-527-OCT. 19, 1984
98 STAT. 2669
tary in the reports required under subsections (a) and (b) of this
section.
"RESPONSIBILITIES OF THE SECRETARY
"Sec. 108. (a) The Secretary, not later than one hundred eighty
Regulations.
days after the date of enactment of any Act amending the provisions
42 USC 6007.
of this title, shall promulgate such regulations as may be required
for the implementation of such amendments.
"(b) Within ninety days after the date of enactment of the Devel-
Interagency
opmental Disabilities Act of 1984, the Secretary of Health and
committee,
Human Services and the Secretary of Education shall establish an
establishment.
interagency committee composed of representatives of the Adminis-
tration for Developmental Disabilities of the Department of Health
and Human Services, the Office of Special Education and Rehabili-
tative Services of the Department of Education, the Department of
Labor, and such other Federal departments and agencies as the
Secretary of Health and Human Services and the Secretary of
Education consider appropriate. Such interagency committee shall
meet regularly to coordinate and plan activities conducted by Fed-
disabilities. eral departments and agencies for persons with developmental
"EMPLOYMENT OF HANDICAPPED INDIVIDUALS
"SEC. 109. As a condition of providing assistance under this title,
42 USC 6008.
the Secretary shall require that each recipient of such assistance
take affirmative action to employ and advance in employment
qualified handicapped individuals on the same terms and conditions
required with respect to the employment of such individuals by the
provisions of the Rehabilitation Act of 1973 which govern employ-
29 USC 701 note.
ment (1) by State rehabilitation agencies and rehabilitation facili-
ties, and (2) under Federal contracts and subcontracts.
"RIGHTS OF THE DEVELOPMENTALLY DISABLED
"Sec. 110. Congress makes the following findings respecting the 42 USC
6009.
rights of persons with developmental disabilities:
"(1) Persons with developmental disabilities have a right to
appropriate treatment, services, and habilitation for such
disabilities.
"(2) The treatment, services, and habilitation for a person
with developmental disabilities should be designed to maximize
the developmental potential of the person and should be pro-
vided in the setting that is least restrictive of the person's
personal liberty.
"(3) The Federal Government and the States both have an
obligation to assure that public funds are not provided to any
institutional or other residential program for persons with de-
velopmental disabilities that-
"(A) does not provide treatment, services, and habilita-
tion which is appropriate to the needs of such persons; or
"(B) does not meet the following minimum standards:
"(i) Provision of a nourishing, well-balanced daily
diet to the persons with developmental disabilities
being served by the program.
"(ii) Provision to such persons of appropriate and
sufficient medical and dental services.
133
98 STAT. 2670
PUBLIC LAW 98-527-OCT. 19, 1984
"(iii) Prohibition of the use of physical restraint on
such persons unless absolutely necessary and prohibi-
tion of the use of such restraint as a punishment or as a
substitute for a habilitation program.
"(iv) Prohibition on the excessive use of chemical
restraints on such persons and the use of such re-
straints as punishment or as a substitute for a habilita-
tion program or in quantities that interfere with serv-
ices, treatment, or habilitation for such persons.
"(v) Permission for close relatives of such persons to
visit them at reasonable hours without prior notice.
"(vi) Compliance with adequate fire and safety stand-
ards as may be promulgated by the Secretary.
"(4) All programs for persons with developmental disabilities
should meet standards which are designed to assure the most
favorable possible outcome for those served, and-
Housing.
"(A) in the case of residential programs serving persons
in need of comprehensive health-related, habilitative, or
rehabilitative services, which are at least equivalent to
those standards applicable to intermediate care facilities
for the mentally retarded promulgated in regulations of the
45 CFR 234,
Secretary on January 17, 1974 (39 Fed. Reg. pt. II), as
248-250.
appropriate when taking into account the size of the insti-
tutions and the service delivery arrangements of the facili-
ties of the programs;
Housing.
"(B) in the case of other residential programs for persons
with developmental disabilities, which assure that care is
appropriate to the needs of the persons being served by
such programs, assure that the persons admitted to facili-
ties of such programs are persons whose needs can be met
through services provided by such facilities, and assure that
the facilities under such programs provide for the humane
care of the residents of the facilities, are sanitary, and
protect their rights; and
"(C) in the case of nonresidential programs, which assure
the care provided by such programs is appropriate to the
persons served by the programs.
The rights of persons with developmental disabilities described in
findings made in this section are in addition to any constitutional or
other rights otherwise afforded to all persons.
"PART B-FEDERAL ASSISTANCE FOR PLANNING AND SERVICE
ACTIVITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES
"PURPOSE
42 USC 6021.
"SEC. 121. The purpose of this part is to provide payments to
States to plan for, and to conduct, activities which will increase and
support the independence, productivity, and integration into the
community of persons with developmental disabilities.
"STATE PLANS
42 USC 6022.
"SEC. 122. (a) Any State desiring to take advantage of this part
must have a State plan submitted to and approved by the Secretary
under this section.
134
PUBLIC LAW 98-527-OCT. 19, 1984
98 STAT. 2671
"(b) In order to be approved by the Secretary under this section, a
State plan for the provision of services for persons with developmen-
tal disabilities must meet the following requirements:
"(1)(A) The plan must provide for the establishment of a State
Planning Council, in accordance with section 124, for the assign-
Post, p. 2675.
ment to the Council of personnel in such numbers and with such
qualifications as the Secretary determines to be adequate to enable
the Council to carry out its duties under this title, and for the
identification of the personnel so assigned.
"(B) The plan must designate the State agency or agencies which
shall administer or supervise the administration of the State plan
and, if there is more than one such agency, the portion of such plan
which each will administer (or the portion the administration of
which each will supervise).
"(C) The plan must provide that each State agency designated
under subparagraph (B) will keep such records and afford such
access thereto as the Secretary or the State Planning Council finds
necessary.
"(D) The plan must provide for such fiscal control and fund
accounting procedures as may be necessary to assure the proper
disbursement of and accounting for funds paid to the State under
this part.
"(2) The plan must-
"(A) set out the specific objectives to be achieved under the
plan and a listing of the programs and resources to be used to
meet such objectives;
"(B) set forth the non-Federal share that will be required in
carrying out each such objective and program;
"(C) describe (and provide for the review annually and revi-
sion of the description not less often than once every three
years) (i) the extent and scope of services being provided, or to
be provided, to persons with developmental disabilities under
such other State plans for federally assisted State programs as
the State conducts relating to education for the handicapped,
vocational rehabilitation, public assistance, medical assistance,
social services, maternal and child health, crippled children's
services, and comprehensive health and mental health, and
under such other plans as the Secretary may specify, and (ii)
how funds allotted to the State in accordance with section 125
Post, p. 2676.
will be used to complement and augment rather than duplicate
or replace services for persons with developmental disabilities
who are eligible for Federal assistance under such other State
programs;
"(D) for each fiscal year, assess and describe the extent and
scope of the priority services being or to be provided under the
plan in the fiscal year; and
"(E) establish a method for the periodic evaluation of the
plan's effectiveness in meeting the objectives described in sub-
paragraph (A).
"(3) The plan must contain or be supported by assurances satisfac-
tory to the Secretary that-
"(A) the funds paid to the State under section 125 will be used
to make a significant contribution toward strengthening serv-
ices for persons with developmental disabilities through agen-
cies in the various political subdivisions of the State;
"(B) part of such funds will be made available by the State to
public or nonprofit private entities;
135
98 STAT. 2672
PUBLIC LAW 98-527-OCT. 19, 1984
"(C) not more than 25 percent of such funds will be allocated
to the agency or agencies designated under section 122(b)(1)(B)
for the provision of services by such agency or agencies;
Post, p. 2676.
"(D) such funds paid to the State under section 125 will be
used to supplement and to increase the level of funds that would
otherwise be made available for the purposes for which Federal
funds are provided and not to supplant such non-Federal funds;
and
"(E) there will be reasonable State financial participation in
the cost of carrying out the State plan.
"(4)(A) The plan must provide for the examination not less often
than once every three years of the provision, and the need for the
provision, in the State of the four priority services.
"(B) The plan must provide for the development, not later than
the second year in which funds are provided under the plan after
the date of the enactment of the Developmental Disabilities Act of
1984, and the timely review and revision of, a comprehensive state-
wide plan to plan, financially support, coordinate, and otherwise
better address, on a statewide and comprehensive basis, unmet
needs in the State for the provision of services for persons with
developmental disabilities as follows:
"(i)(I) Except as provided in subclause (II), the plan shall
provide for the provision of at least one but not more than two
priority services.
"(II) In fiscal year 1987, the plan may provide for the provi-
sion of three priority services.
"(ii) For any fiscal year after fiscal year 1986 for which the
Post, p. 2679.
total appropriations under section 130 are at least $50,250,000,
the plan shall provide for the provision of employment related
activities among the priority services to be provided under the
plan.
"(iii) At the option of the State, the plan may provide for the
provision of one or more additional services for persons with
developmental disabilities from the services described in section
Ante, p. 2663.
102(11)(A)(ii).
Regulations.
"(C) Notwithstanding the requirements of subparagraph (B), upon
the application of a State, the Secretary, pursuant to regulations
which the Secretary shall prescribe, may permit the portion of the
funds which must otherwise be expended under the State plan for
service activities in a limited number of services to be expended for
service activities in additional services if the Secretary determines
that the expenditures of the State on service activities in the
initially specified services has reasonably met the need for those
services in the State in comparison to the extent to which the need
for such additional services has been met in such State. Such
additional areas shall, to the maximum extent feasible, be areas
within the priority services.
"(D) The plan must be developed after consideration of the data
collected by the State education agency under section 618(b)(3) of the
20 USC 1418.
Education of the Handicapped Act.
Funds.
"(E)(i) The plan must provide that not less than 65 percent of the
amount available to the State under section 125 will be expended for
service activities in the priority services.
"(ii) The plan must provide that the remainder of the amount
available to the State from allotments under section 125 (after
making the expenditures required by clause (i) of this paragraph)
shall be used for service activities for persons with developmental
136
PUBLIC LAW 98-527-OCT. 19, 1984
98 STAT. 2673
disabilities, and the planning, coordination, and administration of,
and the advocacy for, the provision of such services.
"(F) The plan must provide that special financial and technical
Rural areas.
assistance shall be given to agencies or entities providing services
Urban areas.
for persons with developmental disabilities who are residents of
geographical areas designated as urban or rural poverty areas.
"(5)(A)(i) The plan must provide that services furnished, and the
facilities in which they are furnished, under the plan for persons
with developmental disabilities will be in accordance with standards
prescribed by the Secretary in regulations.
"(ii) The plan must provide satisfactory assurances that buildings
used in connection with the delivery of services assisted under the
plan will meet standards adopted pursuant to the Act of August 12,
1968 (known as the Architectural Barriers Act of 1968).
42 USC 4152
"(B) The plan must provide that services are provided in an
note.
individualized manner consistent with the requirements of section
123 (relating to habilitation plans).
Post, p. 2674.
"(C) The plan must contain or be supported by assurances satisfac-
tory to the Secretary that the human rights of all persons with
developmental disabilities (especially those persons without familial
protection) who are receiving treatment, services, or habilitation
under programs assisted under this part will be protected consistent
with section 110 (relating to rights of the developmentally disabled).
Ante, p. 2669.
"(D) The plan must provide assurances that the State has under-
Minorities.
taken affirmative steps to assure the participation in programs
under this title of individuals generally representative of the popu-
lation of the State, with particular attention to the participation of
members of minority groups.
"(E) The plan must provide assurances that the State will provide
Report.
the State Planning Council with a copy of each annual survey report
and plan of corrections for cited deficiencies prepared pursuant to
section 1902(a)(31)(B) of the Social Security Act with respect to any
42 USC 1396a.
intermediate care facility for the mentally retarded in such State
within 30 days after the completion of each such report or plan.
"(6)(A) The plan must provide for the maximum utilization of all
Volunteer
available community resources including volunteers serving under
services.
the Domestic Volunteer Service Act of 1973 and other appropriate
42 USC 4951
voluntary organizations, except that such volunteer services shall
note.
supplement, and shall not be in lieu of, services of paid employees.
"(B) The plan must provide for fair and equitable arrangements
(as determined by the Secretary after consultation with the Secre-
tary of Labor) to protect the interests of employees affected by
actions under the plan to provide alternative community living
arrangement services, including arrangements designed to preserve
employee rights and benefits and to provide training and retraining
of such employees where necessary and arrangements under which
maximum efforts will be made to guarantee the employment of such
employees.
(7) The plan also must contain such additional information and
assurances as the Secretary may find necessary to carry out the
provisions and purposes of this part.
"(c) The Secretary shall approve any State plan and any modifica-
tion thereof which complies with the provisions of subsection (b).
The Secretary shall not finally disapprove a State plan except after
reasonable notice and opportunity for a hearing to the State.
"(d)(1) At the request of any State, a portion of any allotment or
allotments of such State under this part for any fiscal year shall be
137
98 STAT. 2674
PUBLIC LAW 98-527-OCT. 19, 1984
available to pay one-half (or such smaller share as the State may
request) of the expenditures found necessary by the Secretary for
the proper and efficient administration of the State plan approved
under this section; except that not more than 5 per centum of the
total of the allotments of such State for any fiscal year, or $50,000,
whichever is less, shall be available for the total expenditures for
such purpose by all of the State agencies designated under subsec-
tion (b)(1)(B) for the administration or supervision of the administra-
tion of the State plan. Payments under this paragraph may be made
in advance or by way of reimbursement, and in such installments, as
the Secretary may determine.
"(2) Any amount paid under paragraph (1) to any State for any
fiscal year shall be paid on condition that there shall be expended
from the State sources for such year for administration of the State
plan approved under this section not less than the total amount
expended for such purposes from such sources during the previous
fiscal year.
"HABILITATION PLANS
42 USC 6023.
"SEC. 123. (a) The Secretary shall require as a condition to a
State's receiving an allotment under this part that the State provide
the Secretary satisfactory assurances that each program (including
programs of any agency, facility, or project) which receives funds
from the State's allotment under this part (1) has in effect for each
developmentally disabled person who receives services from or
under the program a habilitation plan meeting the requirements of
subsection (b), and (2) provides for an annual review, in accordance
with subsection (c), of each such plan.
"(b) A habilitation plan for a person with developmental disabil-
ities shall meet the following requirements:
"(1) The plan shall be in writing.
"(2) The plan shall be developed jointly by (A) a representa-
tive or representatives of the program primarily responsible for
delivering or coordinating the delivery of services to the person
for whom the plan is established, (B) such person, and (C)
where appropriate, such person's parents or guardian or
other representative.
"(3) The plan shall contain a statement of the long-term
habilitation goals for the person and the intermediate habilita-
tion objectives relating to the attainments of such goals. Such
goals should include the increase or support of independence,
productivity, and integration into the community for the
person. Such objectives shall be stated specifically and in se-
quence and shall be expressed in behavioral or other terms that
provide measurable indices of progress. The plan shall (A)
describe how the objectives will be achieved and the barriers
that might interfere with the achievement of them, (B) state an
objective criteria and an evaluation procedure and schedule for
determining whether such objectives and goals are being
achieved, and (C) provide for a program coordinator who will be
responsible for the implementation of the plan.
"(4) The plan shall contain a statement (in readily under-
standable form) of specific habilitation services to be provided,
shall identify each agency which will deliver such services, shall
describe the personnel (and their qualifications) necessary for
the provision of such services, and shall specify the date of the
138
PUBLIC LAW 98-527-OCT. 19, 1984
98 STAT. 2675
initiation of each service to be provided and the anticipated
duration of each such service.
"(5) The plan shall specify the role and objectives of all parties
to the implementation of the plan.
"(c) Each habilitation plan shall be reviewed at least annually by
the agency primarily responsible for the delivery of services to the
person for whom the plan was established or responsible for the
coordination of the delivery of services to such person. In the course
of the review, such person and the person's parents or guardian or
other representative shall be given an opportunity to review such
plan and to participate in its revision.
"STATE PLANNING COUNCILS
"Sec. 124. (a)(1) Each State which receives assistance under this
Establishment.
part shall establish a State Planning Council which will serve as an
42 USC 6024.
advocate for persons with developmental disabilities. The members
of the State Planning Council of a State shall be appointed by the
Governor of the State from among the residents of that State. The
Governor of each State shall make appropriate provisions for the
rotation of membership on the Council of that State. Each State
Planning Council shall at all times include in its membership
representatives of the principal State agencies (including the State
agency that administers funds provided under the Rehabilitation
Act of 1973, the State agency that administers funds provided under
29 USC 701 note.
the Education of the Handicapped Act, and the State agency that
20 USC 871.
administers funds provided under title XIX of the Social Security
Act for persons with developmental disabilities), higher education
42 USC 1396.
training facilities, each university affiliated facility or satellite
center in the State, the State protection and advocacy system estab.
lished under section 142, local agencies, and nongovernmental agen-
Post, p. 2679.
cies and private nonprofit groups concerned with services to persons
with developmental disabilities in that State.
"(2) At least one-half of the membership of each such Council shall
consist of persons who-
"(A) are persons with developmental disabilities or parents or
guardians of such persons, or
"(B) are immediate relatives or guardians of persons with
mentally impairing developmental disabilities,
who are not employees of a State agency which receives funds or
provides services under this part, who are not managing employees
(as defined in section 1126(b) of the Social Security Act) of any other
42 USC 1320a-5.
entity which receives funds or provides services under this part, and
who are not persons with an ownership or control interest (within
the meaning of section 1124(a)(3) of the Social Security Act) with
42 USC 1320a-3.
respect to such an entity.
"(3) Of the members of the Council described in paragraph (2)-
"(A) at least one-third shall be persons with developmental
disabilities, and
"(B)(i) at least one-third shall be individuals described in
subparagraph (B) of paragraph (2), and (ii) at least one of such
individuals shall be an immediate relative or guardian of an
institutionalized person with a developmental disability.
"(b) Each State Planning Council shall-
"(1) develop jointly with the State agency or agencies desig-
nated under section 122(b)(1)(B) the State plan required by this
Ante, p. 2670.
139
98 STAT. 2676
PUBLIC LAW 98-527-OCT. 19, 1984
part, including the specification of services under section
Ante, p. 2670.
122(b)(4)(B);
"(2) monitor, review, and evaluate, not less often than annu-
ally, the implementation of such State plan;
"(3) to the maximum extent feasible, review and comment on
all State plans in the State which relate to programs affecting
persons with developmental disabilities; and
Reports.
"(4) submit to the Secretary, through the Governor, such
periodic reports on its activities as the Secretary may reason-
ably request, and keep such records and afford such access
thereto as the Secretary finds necessary to verify such reports.
"STATE ALLOTMENTS
42 USC 6025.
"SEC. 125. (a)(1) For each fiscal year, the Secretary shall, in
accordance with regulations and this paragraph, allot the sums
Post, p. 2679.
appropriated for such year under section 130 among the States on
the basis of-
"(A) the population,
"(B) the extent of need for services for persons with develop-
mental disabilities, and
"(C) the financial need,
of the respective States. Sums allotted to the States under this
section shall be used in accordance with approved State plans under
section 122 for the provision under such plans of services for persons
with developmental disabilities.
"(2) Adjustments in the amounts of State allotments based on
subparagraphs (A), (B), and (C) of paragraph (1) may be made not
more often than annually. The Secretary shall notify States of any
adjustment made not less than six months before the beginning of
the fiscal year in which such adjustment is to take effect.
"(3)(A) Except as provided in paragraph (4), for any fiscal year the
allotment under paragraph (1)—
"(i) to each of American Samoa, Guam, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, or the Trust
Territory of the Pacific Islands may not be less than $100,000,
and
"(ii) to any other State may not be less than the greater of
$250,000, or the amount of the allotment (determined without
regard to subsection (d)) received by the State for the fiscal year
ending September 30, 1984.
"(B) Notwithstanding subparagraph (A), if the aggregate of the
amounts to be allotted to each State pursuant to subparagraph (A)
in any fiscal year exceeds the total amount appropriated under
section 130 for such fiscal year, the amount to be allotted to a State
for such fiscal year shall be an amount which bears the same ratio
to the amount which is to be allotted to the State pursuant to such
subparagraph as the total amount appropriated under section 130
for such fiscal year bears to the total of the amount required to be
appropriated under such section for allotments to provide each State
with the allotment required by such subparagraph.
"(4) In any case in which amounts appropriated under section 130
for a fiscal year exceed $47,000,000, the allotment under paragraph
(1) for such fiscal year-
"(A) to each of American Samoa, Guam, the Virgin Islands,
the Commonwealth of the Northern Mariana Islands, or the
140
PUBLIC LAW 98-527-OCT. 19, 1984
98 STAT. 2677
Trust Territory of the Pacific Islands may not be less than
$160,000; and
"(B) to each of the several States, Puerto Rico, or the District
of Columbia, may not be less than $30 000.
"(5) In determining, for purposes of paragraph (1)(B), the extent of
need in any State for services for persons with developmental
disabilities, the Secretary shall take into account the scope and
extent of the services described, pursuant to section 122(b)(2)(C), in Ante, p. 2670.
the State plan of the State.
"(b) Whenever the State plan approved in accordance with section
122 provides for participation of more than one State agency in
administering or supervising the administration of designated por-
tions of the State plan, the State may apportion its allotment among
such agencies in a manner which, to the satisfaction of the Secre-
tary, is reasonably related to the responsibilities assigned to such
agencies in carrying out the purposes of the State plan. Funds so
apportioned to State agencies may be combined with other State or
Federal funds authorized to be spent for other purposes, provided
the purposes of the State plan will receive proportionate benefit
from the combination.
"(c) Whenever the State plan approved in accordance with section
122 provides for cooperative or joint effort between States or be-
tween or among agencies, public or private, in more than one State,
portions of funds allotted to one or more such cooperating States
may be combined in accordance with the agreements between the
agencies involved.
"(d) The amount of an allotment to a State for a fiscal year which
the Secretary determines will not be required by the State during
the period for which it is available for the purpose for which allotted
shall be available for reallotment by the Secretary from time to
time, on such date or dates as the Secretary may fix (but not earlier
than thirty days after the Secretary has published notice of the
intention of the Secretary to make such reallotment in the Federal
Register), to other States with respect to which such a determination
has not been made, in proportion to the original allotments of such
States for such fiscal year, but with such proportionate amount for
any of such other States being reduced to the extent it exceeds the
sum the Secretary estimates such State needs and will be able to use
during such period; and the total of such reductions shall be simi-
larly reallotted among the States whose proportionate amounts
were not so reduced. Any amount so reallotted to a State for a fiscal
year shall be deemed to be a part of its allotment under subsection
(a) for such fiscal year.
"PAYMENTS TO THE STATES FOR PLANNING, ADMINISTRATION AND
SERVICES
"Sec. 126. From each State's allotments for a fiscal year under
42 USC 6026.
section 125, the State shall be paid the Federal share of the expendi-
Ante, p. 2676.
tures, other than expenditures for construction, incurred during
such year under its State plan approved under this part. Such
payments shall be made from time to time in advance on the basis of
estimates by the Secretary of the sums the State will expend under
the State plan, except that such adjustments as may be necessary
shall be made on account of previously made underpayments or
overpayments under this section.
141
98 STAT. 2678
PUBLIC LAW 98-527-OCT. 19, 1984
"WITHHOLDING OF PAYMENTS FOR PLANNING, ADMINISTRATION AND
SERVICES
42 USC 6027.
"SEC. 127. Whenever the Secretary, after reasonable notice and
opportunity for hearing to the State Planning Council and the
appropriate State agency designated pursuant to section 122(b)(1)
finds that-
"(1) there is a failure to comply substantially with any of the
Ante, p. 2670.
provisions required by section 122 to be included in the State
plan; or
"(2) there is a failure to comply substantially with any regula-
tions of the Secretary which are applicable to this part,
the Secretary shall notify such State Council and agency or agencies
that further payments will not be made to the State under section
Ante, p. 2676.
125 (or, in the discretion of the Secretary, that further payments
will not be made to the State under section 125 for activities in
which there is such failure), until the Secretary is satisfied that
there will no longer be such failure. Until the Secretary is so
satisfied, the Secretary shall make no further payment to the State
under section 125, or shall limit further payment under section 125
to such State to activities in which there is no such failure.
"NONDUPLICATION
42 USC 6028.
"SEC. 128. In determining the amount of any State's Federal share
of the expenditures incurred by it under a State plan approved
under section 122, there shall be disregarded (1) any portion of such
expenditures which are financed by Federal funds provided under
any provision of law other than section 125, and (2) the amount of
any non-Federal funds required to be expended as a condition of
receipt of such Federal funds.
"APPEALS BY STATES
42 USC 6029.
"Sec. 129. If any State is dissatisfied with the Secretary's action
Supra.
under section 122(c) or section 127, such State may appeal to the
United States court of appeals for the circuit in which such State is
located, by filing a petition with such court within sixty days after
such action. A copy of the petition shall be forthwith transmitted by
the clerk of the court to the Secretary, or any officer designated by
the Secretary for that purpose. The Secretary thereupon shall file in
the court the record of the proceedings on which the Secretary based
the action, as provided in section 2112 of title 28, United States
Code. Upon the filing of such petition, the court shall have jurisdic-
tion to affirm the action of the Secretary or to set it aside, in whole
or in part, temporarily or permanently, but until the filing of the
record, the Secretary may modify or set aside the order of the
Secretary. The findings of the Secretary as to the facts, if supported
by substantial evidence, shall be conclusive, but the court, for good
cause shown, may remand the case to the Secretary to take further
evidence, and the Secretary may thereupon make new or modified
findings of the fact and may modify the previous action of the
Secretary, and shall file in the court the record of the further
proceedings. Such new or modified findings of fact shall likewise be
conclusive if supported by substantial evidence. The judgment of the
court affirming or setting aside, in whole or in part, any action of
the Secretary shall be final, subject to review by the Supreme Court
of the United States upon certiorari or certification as provided in
142
PUBLIC LAW 98-527-OCT. 19, 1984
98 STAT. 2679
section 1254 of title 28, United States Code. The commencement of
proceedings under this section shall not, unless so specifically or-
dered by the court, operate as a stay of the Secretary's action.
"AUTHORIZATION OF APPROPRIATIONS
"Sec. 130. For allotments under section 125, there are authorized
42 USC 6030.
to be appropriated $50,250,000 for fiscal year 1985, $53,400,000 for
Ante, p. 2676.
fiscal year 1986, and $56,500,000 for fiscal year 1987.
"PART C-PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS
"PURPOSE
"Sec. 141. It is the purpose of this part to provide for allotments to
42 USC 6041.
support a system in each State to protect the legal and human rights
of persons with developmental disabilities in accordance with sec-
tion 142.
"SYSTEM REQUIRED
"Sec. 142. (a) In order for a State to receive an allotment under
42 USC 6042.
part B-
"(1) the State must have in effect a system to protect and
advocate the rights of persons with developmental disabilities;
"(2) such system must-
"(A) have the authority to pursue legal, administrative,
and other appropriate remedies to ensure the protection of
the rights of such persons who are receiving treatment,
services, or habilitation within the State and to provide
information on and referral to programs and services
addressing the needs of persons with developmental
disabilities;
"(B) not be administered by the State Planning Council;
"(C) be independent of any agency which provides treat-
ment, services, or habilitation to persons with developmen-
tal disabilities; and
"(D) except as provided in subsection (b), be able to obtain
access to the records of a person with developmental dis-
abilities who resides in a facility for persons with develop-
mental disabilities if-
"(i) a complaint has been received by the system from
or on behalf of such person; and
"(ii) such person does not have a legal guardian or
the State or the designee of the State is the legal
guardian of such person;
"(3) the State must provide assurances to the Secretary that
funds allotted to the State under this section will be used to
supplement and increase the level of funds that would other-
wise be made available for the purposes for which Federal funds
are provided and not to supplant such non-Federal funds;
"(4) the State must provide assurances to the Secretary that
Report.
such system will be provided with a copy of each annual survey
report and plan of corrections for cited deficiencies made pursu-
ant to section 1902(a)(31)(B) of the Social Security Act with
42 USC 1396a.
respect to any intermediate care facility for the mentally re-
tarded in the State within 30 days after the completion of each
such report or plan; and
143
98 STAT. 2680
PUBLIC LAW 98-527-OCT. 19, 1984
"(5) the State must provide assurances satisfactory to the
Secretary that the agency implementing the system will not be
redesignated unless there is good cause for the redesignation
and unless notice has been given of the intention to make such
redesignation to persons with developmental disabilities or
their representatives.
"(b) Prior to October 1, 1986, the provisions of paragraph (2)(D) of
subsection (a) shall not apply to any State in which the laws of the
State prohibit the system required under such subsection from
obtaining access to the records of a person with developmental
disabilities under the conditions described in such paragraph.
"(c)(1) To assist States in meeting the requirements of subsection
(a), the Secretary shall allot to the States the amounts appropriated
Infra.
under section 143. Allotments and reallotments of such sums shall
be made on the same basis as the allotments and reallotments are
made under the first sentence of subsection (a)(1) and subsection (d)
Ante, p. 2676.
of section 125, except that in any case in which-
"(A) the total amount appropriated under section 143 for a
fiscal year is at least $11,000,000-
"(i) the allotment of each of American Samoa, Guam, the
Virgin Islands, the Commonwealth of the Northern Mari-
ana Islands, and the Trust Territory of the Pacific Islands
for such fiscal year shall not be less than $80,000; and
"(ii) the allotment to each of the several States, Puerto
Rico, and the District of Columbia for such fiscal year shall
not be less than $150,000; or
"(B) the total amount appropriated under section 143 for a
fiscal year is less than $11,000,000, the allotment to each State
(other than Guam, the Commonwealth of the Northern Mariana
Islands, American Samoa, the Virgin Islands, and the Trust
Territory of the Pacific Islands) shall not be less than $50,000.
Prohibition.
"(2) A State may use not more than 5 percent of any allotment
under this subsection for the costs of monitoring the administration
of the system required under subsection (a).
"(3) Notwithstanding paragraph (1), if the aggregate of the
amounts of the allotments to be made in accordance with such
paragraph for any fiscal year exceeds the total of the amounts
appropriated for such allotments under section 143, the amount of a
State's allotment for such fiscal year shall bear the same ratio to the
amount otherwise determined under such paragraph as the total of
the amounts appropriated for that year under section 143 bears to
the aggregate amount required to make an allotment to each of the
States in accordance with paragraph (1).
"AUTHORIZATION OF APPROPRIATIONS
42 USC 6043.
"Sec. 143. For allotments under section 142, there are authorized
Ante, p. 2679.
to be appropriated $13,750,000 for fiscal year 1985, $14,600,000 for
fiscal year 1986, and $15,500,000 for fiscal year 1987. The provisions
of section 1913 of title 18, United States Code, shall be applicable to
all moneys authorized under the provisions of this section.
144
PUBLIC LAW 98-527-OCT. 19, 1984
98 STAT. 2681
"PART D-UNIVERSITY AFFILIATED FACILITIES
"PURPOSE
"SEC. 151. The purpose of this part is to provide for grants to
Grants.
university affiliated facilities to assist in the provision of interdisci-
42 USC 6061.
plinary training, the conduct of service demonstration programs,
and the dissemination of information which will increase and sup-
port the independence, productivity, and integration into the com-
munity of persons with developmental disabilities.
"GRANT AUTHORITY
"Sec. 152. (a) From appropriations under section 154, the Secre-
42 USC 6062.
tary shall make grants to university affiliated facilities to assist in
Post, p. 2683.
the administration and operation of the activities described in sec-
tion 102(13).
Ante, p. 2663.
"(b) The Secretary may make one or more grants to a university
affiliated facility receiving a grant under subsection (a) to support
one or more of the following activities:
"(1) Conducting-
"(A) a study of the feasibility of establishing a university
affiliated facility or a satellite center in an area not served
by a university affiliated facility, including an assessment
of the needs of the area for such a facility or center; or
"(B) a study of the ways in which such university affili-
ated facility, singly or jointly with other university affili-
ated facilities which have received a grant under subsection
(a), can assist in establishing one or more satellite centers
which would be located in areas not served by a university
affiliated facility.
A study under subparagraph (A) or subparagraph (B) shall be
carried out in consultation with the State Planning Council for
the State in which the university affiliated facility conducting
the study is located and the State Planning Council for the
State in which the university affiliated facility or satellite
center would be established.
"(2) Provision of service-related training to parents of persons
with developmental disabilities, professionals, volunteers, or
other personnel to enable such parents, professionals, volun-
teers, or personnel to provide services to increase or maintain
the independence, productivity, and integration into the com-
munity of persons with developmental disabilities.
((3) Conducting an applied research program designed to
Research and
produce more efficient and effective methods (A) for the deliv-
development.
ery of services to persons with developmental disabilities, and
(B) for the training of professionals, paraprofessionals, and par-
ents who provide these services.
The amount of a grant under paragraph (1) may not exceed $25,000.
Prohibition.
"(c) The Secretary may make grants to pay part of the costs of
establishing satellite centers and may make grants to satellite
centers to pay part of their administration and operation costs. A
satellite center which receives a grant under this section may
engage in the activities described in subparagraph (A), (B), or (C) of
section 102(13).
"(d)(1) The Secretary may not make a grant under subsection (c)
Prohibition.
for the fiscal year ending on September 30, 1985, to a satellite center
145
98 STAT. 2682
PUBLIC LAW 98-527-OCT. 19, 1984
which has not received a grant under such subsection or section
Ante, p. 2670.
121(c) (as such section was in effect prior to October 1, 1984) unless—
"(A) a study assisted under subsection (b)(1)(A) of this section
has established the feasibility of establishing or operating such
center, except that such study shall not be required to contain
an assessment of the need for such center in the area in which
such center will be located; or
"(B) a study assisted under section 121(b)(1) (as in effect prior
to October 1, 1984) has established the feasibility of establishing
or operating such center.
Prohibition.
"(2) The Secretary may not make a grant under subsection (a) or
subsection (c) for a fiscal year beginning after September 30, 1985, to
a university affiliated facility or a satellite center which has not
received a grant under this section or section 121 (as such section
was in effect prior to October 1, 1984) unless—
"(A) a study assisted under subsection (b)(1)(A) has been
conducted with respect to such facility or center by a university
affiliated facility; and
"(B) such study has established the feasibility of establishing
or operating such facility or center.
"APPLICATIONS
42 USC 6063.
"Sec: 153. (a) Not later than six months after the date of the
enactment of the Developmental Disabilities Act of 1984, the Secre-
tary shall establish by regulation standards for university affiliated
facilities. Such standards shall reflect the special needs of persons
with developmental disabilities who are of various ages, and shall
include performance standards relating to each of the activities
Ante, p. 2663.
described in section 102(13).
Ante, p. 2681.
"(b) No grants may be made under section 152 unless an applica-
tion therefor is submitted to, and approved by, the Secretary. Such
an application shall be submitted in such form and manner, and
contain such information, as the Secretary may require. Such an
application shall be approved by the Secretary only if the applica-
tion contains or is supported by reasonable assurances that-
"(1) the making of the grant will (A) not result in any
decrease in the use of State, local, and other non-Federal funds
for services for persons with developmental disabilities and for
training of persons to provide such services, which funds would
(except for such grant) be made available to the applicant, and
(B) be used to supplement and, to the extent practicable, in-
crease the level of such funds;
"(2)(A) the applicant's facility is in full compliance with the
standards established under subsection (a), or
"(B)(i) the applicant is making substantial progress toward
bringing the facility into compliance with such standards, and
(ii) the facility will, not later than three years after the date of
approval of the initial application or the date standards are
promulgated under subsection (a), whichever is later, fully
comply with such standards; and
Human rights.
"(3) the human rights of all persons with developmental
disabilities (especially those persons without familial protection)
who are receiving treatment, services, or habilitation under
programs assisted under this part will be protected consistent
with section 110 (relating to rights of the developmentally
disabled).
146
PUBLIC LAW 98-527-OCT. 19, 1984
98 STAT. 2683
"(c) The Secretary shall establish such a process for the review of
applications for grants under section 152 as will ensure, to the
Ante, p. 2681.
maximum extent feasible, that each Federal agency that provides
funds for the direct support of the applicant's facility reviews the
application.
"(d)(1) If the total amount appropriated under section 154 for a
Infra.
fiscal year is at least $8,500,000, the amount of any grant under
section 152(a) to a university affiliated facility shall not be less than
$175,000 for such fiscal year and the amount of any grant under
section 152(c) to a satellite center shall not be less than $75,000 for
such fiscal year.
"(2) If the total amount appropriated under section 154 is less
than $8,500,000, the amount of any grant under section 152(a) to a
university affiliated facility shall not be less than $150,000 for such
fiscal year and the amount of any grant under section 152(c) to a
satellite center shall not be less than $75,000 for such fiscal year.
"AUTHORIZATION OF APPROPRIATIONS
"Sec. 154. For the purpose of making grants under section 152,
42 USC 6064.
there are authorized to be appropriated $9,000,000 for fiscal year
1987. 1985, $9,600,000 for fiscal year 1986, and $10,100,000 for fiscal year
"PART E-SPECIAL PROJECT GRANTS
"PURPOSE
"Sec. 161. The purpose of this part is to provide for grants for
42 USC 6081.
demonstration projects to increase and support the independence,
productivity, and integration into the community of persons with
developmental disabilities.
"GRANT AUTHORITY
"Sec. 162. (a) The Secretary may make grants to public or non-
42 USC 6082.
profit private entities for-
"(1) demonstration projects-
"(A) which are conducted in more than one State,
"(B) which involve the participation of two or more Fed-
eral departments or agencies, or
"(C) which are otherwise of national significance,
and which hold promise of expanding or otherwise improving
services to persons with developmental disabilities (especially
those who are multihandicapped or disadvantaged, including
Native Americans, Native Hawaiians, and other underserved
groups); and
"(2) technical assistance and demonstration projects (includ-
ing research, training, and evaluation in connection with such
projects) which hold promise of expanding or otherwise improv-
ing protection and advocacy services relating to the State pro-
tection and advocacy system described in section 142.
Ante, p. 2679.
Projects for the evaluation and assessment of the quality of services
provided persons with developmental disabilities which meet the
requirements of subparagraphs (A), (B), and (C) of paragraph (1) may
be included as projects for which grants are authorized under such
paragraph.
"(b) No grant may be made under subsection (a) unless an applica-
Prohibition.
tion therefor has been submitted to, and approved by, the Secretary.
147
98 STAT. 2684
PUBLIC LAW 98-527-OCT. 19, 1984
Such application shall be in such form, submitted in such manner,
and contain such information as the Secretary shall by regulation
Human rights.
prescribe. The Secretary may not approve such an application
unless each State in which the applicant's project will be conducted
Ante, p. 2670.
has a State plan approved under section 122, and unless the applica-
tion provides assurances that the human rights of all persons with
developmental disabilities (especially those persons without familial
protection) who are receiving treatment, services, or habilitation
under projects assisted under this part will be protected consistent
Ante, p. 2669.
with section 110 (relating to the rights of the developmentally
disabled). The Secretary shall provide to the State Planning Council
for each State in which an applicant's project will be conducted an
opportunity to review the application for such project and to submit
its comments on the application.
"(c) Payments under grants under subsection (a) may be made in
advance or by way of reimbursement and at such intervals and on
such conditions, as the Secretary finds necessary. The amount of
any grant under subsection (a) shall be determined by the Secretary.
"AUTHORIZATION OF APPROPRIATIONS
42 USC 6083.
"Sec. 163. To carry out this part, there are authorized to be
appropriated $2,700,000 for fiscal year 1985, $2,800,000 for fiscal
year 1986, and $3,100,000 for fiscal year 1987.".
STUDY ON INTERMEDIATE CARE FACILITIES FOR THE MENTALLY
RETARDED
Report.
SEC. 3. (a) Within six months after the date of enactment of this
Act, the Secretary of Health and Human Services shall prepare and
transmit to the Congress a report containing-
(1) recommendations for improving services for mentally re-
tarded persons and persons with developmental disabilities pro-
vided under an approved State plan under title XIX of the
42 USC 1396.
Social Security Act so that the manner in which such services
are provided will increase the independence, productivity, and
integration into the community of mentally retarded persons
and persons with developmental disabilities;
(2) recommendations for services provided for mentally re-
tarded persons and persons with developmental disabilities
under waivers granted under section 1915(c) of the Social Secu-
2 USC 1396n.
rity Act so that the manner in which such services are provided
can be improved to increase the independence, productivity, and
integration into the community of mentally retarded persons
and persons with developmental disabilities; and
(3) comments by each of the officials specified in clauses (2)
through (4) of subsection (b) on the recommendations included
in the report pursuant to paragraph (1), including comments
concerning the effect of such recommendations, if implemented,
on programs carried out by such officials.
(b) The Secretary, in preparing the report required by subsection
(a), shall consult with-
(1) the Administrator of the Health Care Financing Adminis-
tration of the Department of Health and Human Services (or
the designee of the Administrator);
148
PUBLIC LAW 98-527-OCT. 19, 1984
98 STAT. 2685
(2) the Commissioner of the Administration for Developmen-
tal Disabilities of the Department of Health and Human Serv-
ices (or the designee of the Commissioner);
(3) the Chairman of the National Council on the Handicapped
(or the designee of the Chairman); and
(4) the Assistant Secretary of Education for Special Education
and Rehabilitative Services (or the designee of the Assistant
Secretary).
Approved October 19, 1984.
LEGISLATIVE HISTORY-H.R. 5603:
HOUSE REPORTS: No. 98-826 (Comm. on Energy and Commerce) and No. 98-1074
(Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 130 (1984):
June 11, considered and passed House.
June 28, considered and passed Senate, amended.
Oct. 3, House agreed to conference report.
Oct. 4, Senate agreed to conference report.