Document available as Microsoft Word and Adobe PDF file:
Word - PDF
TITLE III -- SUPPLEMENTARY SERVICES AND FACILITIES
PART A -- Construction and Training Programs.
SEC. 300. DECLARATION OF PURPOSE
The purpose of this title is to--
[300](1) authorize grants and contracts to assist in the construction and
initial staffing of rehabilitation facilities and authorize such staffing
as the Commissioner deems appropriate;
[300](2) authorize grants and contracts to assist in the provision of
vocational training services to individuals with handicaps;
[300](3) authorize grants for special projects and demonstrations which hold
promise of expanding or otherwise improving rehabilitation services to
individuals with handicaps, including individuals 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 individuals
with handicaps(including opportunities for new careers for individuals
with handicaps, and for other individuals in programs serving individuals
with handicaps) and which provide vocational rehabilitation services to
migratory agricultural workers with handicaps or seasonal farmworkers with
handicaps; and
[300](4) establish uniform grant and contract requirements for programs
assisted under this title and certain other provisions of this Act.
SEC. 301. GRANTS FOR CONSTRUCTION OF REHABILITATION FACILITIES
[301](a) For the purpose of making grants and contracts under this section
for construction of rehabilitation facilities, staffing, and planning
assistance, there is authorized to be appropriated such sums as may be
necessary for each of the fiscal years 1987, 1988, 1989, 1990, and 1991.
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, 1992.
[301](b)(1) The Commissioner is authorized to make grants to assist in meeting
the costs of construction of public or nonprofit rehabilitation
facilities. Such grants may be made to States and public or nonprofit
organizations and agencies for projects for which applications are
approved by the Commissioner under this section.
[301-b](2) To be approved, an application for a grant for a construction
project under this section must conform to the provisions of section 306.
[301-b](3) The amount of a grant under this section with respect to any
construction project in any State shall be equal to the same percentage of
the cost of such project as the Federal share which is applicable in the
case of rehabilitation facilities (as defined in section 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 rehabilitation facilities in such
State is determined pursuant to subparagraph (b)(2) of section 645 of such
Act (42 U.S.C. 291o(b)(2)), the percentage of the cost for purposes of
this section shall be determined in accordance with regulations
prescribed by the Commissioner designed to achieve as nearly as
practicable results comparable to the results obtained under such
subparagraph.
[301](c) The Commissioner is also authorized to make grants to assist in the
staffing of any public or nonprofit rehabilitation facility constructed 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.
[301](d) The Commissioner is also authorized to make grants upon application
approved by the State agency designed under section 101 to administer the
State plan, to public or nonprofit agencies, institutions, or organizations
to assist them in meeting the cost of planning rehabilitation facilities and
the services to be provided by such facilities.
SEC. 302. VOCATIONAL TRAINING SERVICES FOR INDIVIDUALS WITH HANDICAPS.
[302](a) For the purpose of making grants and entering into contracts under
this section, there are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 1987, 1988, 1989, 1990, and 1991.
[302](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 individuals
with handicaps, especially those with the most severe handicaps, in public
or nonprofit rehabilitation facilities.
[302-b](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 equipment 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.
[302-b-2](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 dependents, 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 satisfactory 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.
[302-b](3) The Commissioner may make a grant for a project pursuant to this
subsection only if the Commissioner determines that
[302-b-3](A) the purpose of such project is to prepare individuals with
handicaps, especially those with the most severe handicaps, for gainful
and suitable employment, including supported employment;
[302-b-3](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;
[302-b-3](C) the full range of training services will be made available to
each such individual, to the extent of that individual's need for such
services; and
[302-b-3](D) the project, including the participating rehabilitation facility
and the training services provided, meets such other requirements as the
Commissioner may prescribe in regulations for carrying out the purposes
of this subsection.
[302](c)(1) The Commissioner is authorized to make grants to public or
nonprofit rehabilitation facilities, or to an organization or combination
of such facilities, to pay the Federal share of the cost of projects to
analyze, improve, and increase their professional services to individuals
with handicaps, their management effectiveness, or any other part of their
operations affecting their capacity to provide employment and services for
such individuals.
[302-c](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.
SEC. 303. LOAN GUARANTEES FOR REHABILITATION FACILITIES
[303](a) It is the purpose of this section to assist and encourage the
provision of needed facilities for programs for individuals with handicaps
primarily served by State rehabilitation programs.
[303](b) The Commissioner may, in accordance with this section and subject to
section 306, guarantee the payment of principal and interest 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 operation.
[303](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 payments required by the preceding sentence.
[303](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.
[303](e)(1) The Commissioner may not approve a loan guarantee for a project
under this section unless the Commissioner determines that
[303-e-1](A) the terms, conditions, security (if any), and schedule and amount
of repayments with respect to the loan are sufficient to protect the
financial interests of the United States and are otherwise reasonable,
including a determination that the rate of interest does not exceed
such per centum per annum on the principal obligation outstanding 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
[303-e-1](B) the loan would not be available on reasonable terms and
conditions without the guarantee under this section.
[303-e](2)(A) The United State shall be entitled to recover from the applicant
for a loan guarantee under this section the amount of any payment made
pursuant to such guarantee, unless the Commissioner for good cause
waives such right of recovery. Upon making any such payment, the United
State shall be subrogated to all of the rights of the recipient of the
payments with respect to which the guarantee was made.
[303-e-2](B) To the extent permitted by subparagraph (C), any terms and
conditions applicable to a loan guarantee under this section (including
terms and conditions imposed under paragraph (1)) may be modified by
the Commissioner to the extent considered consistent with the
interests of the United States.
[303-e-2](C) Any loan guarantee made by the Commissioner under this section
shall be incontestable
[303-e-2-C](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
[303-e-2-C](ii) as to any person (or a successor in interest) who makes or
contracts to make a loan to such applicant in reliance thereon
unless such person (or a successor in interest) engaged in fraud or
misrepresentation in making or contracting to make such loan.
[303-e-2](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.
[303](f)(1) There is established in the Treasury a loan guarantee fund
(hereinunder in this subsection referred to as the "fund") which shall be
available to the Commissioner without fiscal year limitation, in such
amounts as may be
specified from time to time in appropriation Acts--
[303-f-1](A) to enable the Commissioner to discharge the responsibilities
under loan guarantees issued under this section; and
[303-f-1](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 Commissioner in connection with loan
guarantees under this section and other property or assets derived by the
Commissioner from operations respecting such loan guarantees, including
any money derived from the sale of assets.
[303-f](2)(A) If at any time the sums in the fund are insufficient to enable
the Commissioner--
[303-f-2-A](i) to make payments of interest under subsection (c); or
[303-f-2-A](ii) to otherwise comply with guarantees under this section of
loans to nonprofit private entities;
the Commissioner 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 prescribed by the Commissioner with the approval of the
Secretary of the Treasury.
[303-f-2](B) Such notes or other obligations shall bear interest at a rate
determined by the Secretary of the Treasury, taking into consideration
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.
[303-f-2](C) The Secretary of the Treasury shall purchase any notes and other
obligations issued under this paragraph, and for that purpose the
Secretary 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 extended
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 the Secretary under this paragraph. All redemptions,
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.
[303-f-2](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.
SEC. 304. TRAINING
[304](a) The Commissioner may make grants to and contracts with States and
public or nonprofit agencies and organizations, including institutions of
higher education, to pay part of the cost of projects for training,
traineeships, and related activities designed to assist in increasing the
numbers of qualified personnel trained in providing vocational, medical,
social, and psychological rehabilitation services to individuals with
handicaps, including
[304-a](1) personnel specially trained in providing employment assistance to
individuals with handicaps through job development and job placement
services,
[304-a](2) personnel specifically trained to identify, assess, and meet the
individual rehabilitation needs of individuals with severe handicaps,
[304-a](3) personnel specifically trained to deliver services to individuals
who may benefit from receiving comprehensive services for independent
living, personnel specifically trained to deliver services in client
assistance programs, and
[304-a](4) personnel trained in performing other functions necessary to the
development of such services. In carrying out the provisions of this
subsection+h the Commissioner shall, in addition to furnishing training in
the services provided under this Act to rehabilitation counselors furnish
training to such counselors in the applicability of the provisions of
section 504.
Recipients of grants or contracts under this section shall give due regard to
the training of individuals with handicaps as part of the effort to increase
the number of qualified personnel available to provide rehabilitation
services.
[304](b)(1) 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 engineering, rehabilitation medicine,
rehabilitation nursing, rehabilitation counseling, rehabilitation social
work, rehabilitation psychiatry, rehabilitation psychology, rehabilitation
dentistry, physical therapy, occupational therapy, speech pathology and
audiology, physical education, therapeutic recreation, workshop and
facility administration, prosthetics and orthotics, specialized personnel
in providing services to blind and deaf individuals, specialized personnel
in providing job development and job placement services for individuals
with handicaps, specialized personnel in providing employment training for
supported employment, other specialized personnel for those individuals
with handicaps, recreation for individuals with handicaps, and other fields
contributing to the rehabilitation of individuals with handicaps, including
homebound and institutionalized individuals and individuals with handicaps
with limited English-speaking ability.
[304-b](2)(A) Except as provided in subparagraph (B), no grant under this
section may be used to provide any one course of study to an individual
for a period of more than four years.
[304-b-2](B) If the grant recipient determines that an individual has a
handicap which seriously affects the completion of training under this
section, the grant recipient may modify the limitation under
subparagraph (A).
[304-b](3)(A) A recipient of a grant or contract under this section shall
provide assurances that each individual who receives a scholarship
utilizing funds provided under such grant or contract shall enter into an
agreement with the recipient under which the individual shall---
[304-b-3-A](i) within the ten year period after completing the training for
which the scholarship was awarded, maintain employment in a non-
profit rehabilitation or related agency, or in a State
rehabilitation agency, on a full time basis for a period of not
less than two years for each year for which assistance was
received; and
[304-b-3-A](ii) repay all or part of any scholarship received, plus interest,
if the individual does not fulfill the requirements of clause (i),
except as the Commissioner by regulation may provide for repayment
exceptions and deferrals.
[304-b-3](B) The Commissioner shall be responsible for the enforcement of
each agreement entered into under subparagraph (A) upon completion of
training under such subparagraph.
[304](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 individuals with handicaps, and
shall develop a long-term rehabilitation manpower plan designed to target
resources on areas of personnel shortage. The commissioner shall prepare and
submit to the Congress, simultaneously with the budget submission for the
succeeding 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 professional 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 allocations.
[304](d)(1) For the purpose of training a sufficient number of interpreters to
meet the communications needs of deaf individuals, the Secretary, through
the Office of Information and Resources for Individuals with Disabilities,
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 interpreter training programs. Not
more than twelve programs shall be established or assisted by grants under
this section. The Secretary shall award grants for programs in such
geographic areas throughout the United States as the Secretary considers
appropriate 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 providing
interpreter training services.
[304-d](2) No grant shall be awarded under this section unless the applicant
has submitted an application to the Secretary in such form, and in
accordance with such procedures, as the Secretary may require. Any such
application shall--
[304-d-2](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;
[304-d-2](B) demonstrate the applicant's capacity or potential for providing
training for interpreters for deaf individuals;
[304-d-2](C) provide assurances that any interpreter trained or retrained
under such program shall meet such minimum standards of competency as
the Secretary may establish for purposes of this section;
[304-d-2](D) provide assurances that
[304-d-2-D](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 involved in providing instruction to
deaf individuals but who are not certified as teachers of deaf
individuals, and
[304-d-2-D](ii) funds for such inservice training shall be provided under
this section only through funds appropriated under the Education of
the Handicapped Act; and
[304-d-2](E) contain such other information as the Secretary may require.
[304](e)(1) The Commissioner is authorized to provide technical assistance to
State rehabilitation agencies and rehabilitation facilities, directly or
through contracts with State vocational rehabilitation agencies or
non-profit organizations.
[304-e](2) An expert or consultant appointed or serving under contract
pursuant to this section shall be compensated at a rate subject to approval
of the Commissioner which shall not exceed the daily rate payable for grade
GS-18 of the General Schedule under section 5332 of title 5, United States
Code. Such an expert or consultant may be allowed travel and
transportation expenses in accordance with section 5703 of Title 5, the
United States Code.
[304](f) There are authorized to be appropriated to carry out this section
$31,000,000 for the fiscal year 1987, $33,000,000 for the fiscal year 1988,
$35,000,000 for the fiscal year 1989, $37,000,000 for the fiscal year 1990,
and $38,517,000 for the fiscal year 1991. There are further authorized to be
appropriated for each such fiscal year such additional sums as the Congress
may determine to be necessary to carry out this section.
SEC. 305. COMPREHENSIVE REHABILITATION CENTERS
[305](a)(1) In order to provide a focal point in communities for the
development and delivery of services designed primarily for persons with
handicaps, the Commissioner may make grants to any designated State unit
to establish and operate comprehensive rehabilitation centers. The centers
shall be established in order to provide a broad range of services to
individuals with handicaps, 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.
[305-a](2) To the maximum extent practicable, such centers shall provide,
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 interpreters for the
deaf) as may be necessary to assist those entities in complying with this
Act, particularly the requirements of section 504.
[305](b) No grant may be made under this section unless an application
therefor has been submitted to and approved by the Commissioner. The
Commissioner may not approve an application for a grant unless the
application--
[305-b](1) contains assurances that the designated State unit will use funds
provided by such grant in accordance with subsections (c) and (d); and
[305-b](2) contains such other information, and is submitted in such form and
in accordance with such procedures, as the Commissioner may require.
[305](c)(1) The designated State unit may--
[305-c-1](A) in accordance with subsection (e) make grants to units of
general purpose local government or to other public or nonprofit
private agencies or organizations and may make contracts with any
agency or organization to pay not to exceed 80 percent of the cost of--
[305-c-1-A](i) leasing facilities to serve as comprehensive rehabilitation
centers;
[305-c-1-A](ii) expanding, remodeling, or altering facilities to the extent
necessary to adapt them to serve as comprehensive rehabilitation
centers;
[305-c-1-A](iii) operating such centers; or
[305-c-1-A](iv) carrying out any combination of the activities specified in
this subparagraph; and
[305-c-1](B) directly carry out the activities described in subparagraph (A),
except that not more than 80 percent of the costs of providing any
comprehensive rehabilitation center may be provided from funds under
this section.
[305-c](2) Funds made available to any designated State unit under this
section for the purpose of assisting in the operation of a comprehensive
rehabilitation center may be used to compensate professional and technical
personnel required to operate the center and to deliver services in the
center, and to provide equipment for the center.
[305](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 eligible to use the comprehensive
rehabilitation center.
[305-d](2) Any designated State unit which directly provides for
comprehensive 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.
[305](e) If within 20 years after the completion of any construction project
for which funds have been paid under this section--
[305-e](1) the owner of the facility ceases to be a public or nonprofit
private agency or organization, or
[305-e](2) the facility ceases to be used for the purposes for which it was
leased or constructed (unless the Commissioner determines, 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 recipient 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.
[305](f) The requirements of section 306 shall not apply to funds allotted
under this section, except that subsections (g) and (h) of such section
shall be applicable with respect to such funds.
[305](g) There are authorized to be appropriated to carry out this section
such sums as may be necessary for each of the fiscal years 1987, 1988, 1989,
1990, and 1991.
SEC. 306. GENERAL GRANT AND CONTRACT REQUIREMENTS
[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(f).
The Commissioner shall insure compliance with this section prior to making
any grant or entering into any contract or agreement under this title, except
projects authorized under section 302.
[306](b) To be approved, an application for assistance for a construction
project, or for a project which involves construction, under this title must--
[306-b](1) contain or be supported by reasonable assurance that
[306-b-1](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 nonprofit
facility,
[306-b-1](B) sufficient funds will be available to meet the non-Federal share
of the cost of construction of the project, and
[306-b-1](C) sufficient funds will be available, when construction of the
project is completed, for its effective use for its intended purpose;
[306-b](2) provide that Federal funds provided to any agency or organization
under this title will be used only for the purposes for which provided and
in accordance with the applicable provisions of this section and the
section under which such funds are provided;
[306-b](3) provide that the agency or organization receiving Federal funds
under this title will make an annual report to the Commissioner, which the
Commissioner shall submit to the Secretary for inclusion (in summarized
form) in the annual report submitted to the Congress under section 13;
[306-b](4) be accompanied or supplemented by plans and specifications which
have been approved by the Board established by section 502, in which due
consideration shall be given to excellence 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 relating to minimum standards of construction and
equipment (promulgated with particular emphasis on securing compliance
with the requirements of the Architectural Barriers Act of 1968 (Public
Law 90-480)), and with regulations of the Secretary of Labor relating to
occupational health and safety standards for rehabilitation facilities; and
[306-b](5) contain or be supported by reasonable assurance that any laborer
or mechanic employed by any contractor or subcontractor 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 construction in the locality as determined by the
Secretary of Labor in accordance with the 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).
[306](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 contract
determined under this title. In case an amendment to an approved application
is approved, or the estimated cost of a project is revised upward, any
additional payment with respect thereto may be made from the appropriation
from which the original reservation was made or the appropriation for the
fiscal year in which such amendment or revision is approved.
[306](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 facility is situated) of the facility, as the amount of the
Federal participation bore to the cost of construction of such facility.
[306](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 conditions, as the Commissioner may determine.
[306](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 accommodations for use in connection with
the rehabilitation of individuals with handicaps.
[306](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 religious worship
or any sectarian activity.
[306](h) When, in any State, funds provided under this title will be used for
providing direct services to individuals with handicaps or for establishing
facilities which will provide such services, such services must be carried
out in a manner not inconsistent with the State plan approved pursuant to
section 101.
[306](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.
SEC. 310. AUTHORIZATION OF APPROPRIATIONS
[310](a) For the purpose of carrying out this part (other than sections
311(d), 311(e), and 316), there are authorized to be appropriated
$15,860,000 for fiscal year 1987, $16,790,000 for fiscal year 1988,
$17,800,000 for fiscal year 1989, $18,900,000 for fiscal year 1990, and
$19,675,000 for fiscal year 1991.
[310](b) Of the amounts appropriated for any fiscal year under subsection (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.
SEC. 311. SPECIAL DEMONSTRATION PROGRAMS
[311](a) Subject to the provisions of section 306, the Commissioner 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 (including
related research and evaluation) for--
[311-a](1) establishing programs and, where appropriate, constructing
facilities for providing, vocational rehabilitation services, which hold
promise of expanding or otherwise improving rehabilitation services to
individuals with handicaps (especially those with the most severe
handicaps), including blind or deaf individuals, irrespective of age or
vocational potential, who can benefit from comprehensive services;
[311-a](2) applying new types or patterns of services or devices for
individuals with handicaps (including programs for providing individuals
with handicaps, or other individuals in programs servicing individuals
with handicaps, with opportunities for new careers);
[311-a](3) operating programs and, where appropriate, renovating and
constructing facilities to demonstrate methods of making recreational
activities fully accessible to individuals with handicaps; and
[311-a](4) operating programs to meet the special needs of isolated
populations of individuals with handicaps, particularly among American
Indians residing on or outside of reservations.
The Director of the National Institute on Disability and Rehabilitation
Research may make grants to States and public or nonprofit agencies and
organizations to pay part or all of the costs of special projects and
demonstrations for spinal cord injuries.
[311](b) Any project or demonstration assisted by a grant under this section
which provides services to individuals with spinal cord injuries shall--
[311-b](1) establish, on an appropriate regional basis, a multidisciplinary
system of providing vocational and other rehabilitation services,
specifically designed to meet the special needs of individuals with spinal
cord injuries, including acute care as well as periodic inpatient or
outpatient followup and services;
[311-b](2) demonstrate and evaluate the benefits to individuals with spinal
cord injuries served in, and the degree of cost effectiveness of such a
regional system;
[311-b](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
[311-b](4) demonstrate and evaluate methods of community outreach for
individuals with spinal cord injuries and community education in
connection with the problems of such individuals in areas such as housing,
transportation, recreation, employment, and community activities.
The Director of the National Institute on Disability and Rehabilitation
Research shall coordinate each grant made under this subsection with the
commissioner.
[311](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 youths with handicaps
to provide job training and prepare them for entry into the labor force.
Such projects shall be designed to demonstrate cooperative efforts between
local educational agencies, business and industry, vocational
rehabilitation programs, and organizations representing labor and
organizations responsible for promoting or assisting in local economic
development.
[311-c](2) Services under this subsection may include--
[311-c-2](A) jobs search assistance;
[311-c-2](B) on-the-job training;
[311-c-2](C) job development including work site modification and use of
advance learning technology for skills training;
[311-c-2](D) dissemination of information on program activities to business
and industry; and
[311-c-2](E) follow-up services for individuals placed in employment.
[311-c](3) The Commissioner shall assure that projects shall be coordinated
with other projects assisted under section 626 of the Education of the
Handicapped Act.
[311](d)(1)(A) The Commissioner may make grants to public and non-profit
rehabilitation facilities, designated State units, and other public and
private agencies and organizations for the cost of developing special
projects and demonstrations providing supported employment.
[311-d-1](B) Not less than one such grant shall be nationwide in scope. The
grant shall---
[311-d-1-B](i) identify community-based models that can be replicated,
[311-d-1-B](ii) identify impediments to the development of supported
employment programs (including funding and cost considerations), and
[311-d-1-B](iii) develop a mechanism to explore the use of existing
community-based rehabilitation facilities as well as other
community-based programs.
[311-d](2)(A) The Commissioner may make grants to public agencies and
non-profit private organizations for the cost of providing technical
assistance to States in implementing part C of title VI of this Act.
[311-d-2](B) Not less than one such grant shall be nationwide in scope. Each
eligible applicant must have experience in training and provision of
supported employment services.
[311-d](3)(A) On June 1, 1988, and on each subsequent June 1, the
Commissioner shall submit a report to Congress on activities assisted
under paragraph (1) for the preceding fiscal year which includes---
[311-d-3-A](i) a list of the grants awarded under this subsection;
[311-d-3-A](ii) the number of individuals with severe handicaps served by
each grant recipient, the average cost to provide support services
to each such individual, and the average wage paid to each such
individual; and
[311-d-3-A](iii) the recommendations of the projects under paragraph (1)(B).
[311-d-3](B) Each such report shall also include activities assisted under
paragraph (2) for the preceding fiscal year, including---
[311-d-3-B](i) a list of the grants awarded under paragraph (2),
[311-d-3-B](ii) the nature of the technical assistance activities
undertaken, and
[311-d-3-B](iii) recommended areas where additional technical assistance is
necessary.
[311-d](4) There are authorized to be appropriated to carry out the
provisions of this subsection $9,000,000 for the fiscal year 1987,
$9,520,000 for the fiscal year 1988, $10,000,000 for the fiscal year
1989, $10,690,000 for the fiscal year 1990, and $11,128,000 for the
fiscal year 1991.
[311](e)(1) The Commissioner, subject to the provision of section 306, shall
make grants in accordance with the provisions of this subsection for the
purpose of developing, expanding, and disseminating model statewide
transitional planning services for youths with severe handicaps. In order
to facilitate similar model transitional programs, each grantee under
this subsection shall---
[311-e-1](A) collect data documenting the effectiveness of the project,
including data on the outcomes of the individuals served; and
[311-e-1](B) disseminate the information to other States.
[311-e](2) No grant may be made under this subsection unless an application
is submitted to the Commissioner at such time, in such form, and in
accordance with such procedures as the Commissioner may require.
[311-e](3)(A) One grant under this subsection shall be made to a public
agency in a predominantly urban state in New England for an existing
model statewide transitional planning services program.
[311-e-3](B) The application for the grant specified in subparagraph (A)
shall---
[311-e-3-B](i) provide assurances that a single office or agency of the State
has responsibility for managing the referral process assigned under
the model program for which assistance is sought;
[311-e-3-B](ii) provide assurances that the schools involved, in consultation
with families, will initiate a referral at least two years prior to
the anticipated date on which each such student will finish courses of
study at the school;
[311-e-3-B](iii) provide assurances that individualized transition plans
will be developed by the schools and adult providers working
cooperatively;
[311-e-3-B](iv) provide assurances that case management responsibilities,
together with appropriate tracking of each case designed to report
on the progress of the individual with handicaps, will be a part of
the responsibility of the office or agency designated under clause
(i); and
[311-e-3-B](v) contain such other assurances as the Commissioner may
reasonably require.
[311-e](4)(A)(i) A second grant authorized by this subsection shall be made
to a public agency in a predominantly rural western State.
[311-e-4-A](ii) A third grant authorized by this subsection shall be made to
a public agency or a non-profit private organization in a
predominantly rural southwestern State.
[311-e-4](B) Each application for a grant submitted pursuant to subparagraph
(A) of this paragraph shall describe model transitional planning
services for both youths with severe handicaps and youths with mild
handicaps designed to develop procedures, strategies, and techniques
which may be replicated successfully in other rural States.
[311-e](5) There are authorized to be appropriated $450,000 for fiscal year
1987, $475,830 for fiscal year 1988, $504,427 for fiscal year 1989,
$535,550 for fiscal year 1990, and $557,000 for fiscal year 1991 to
carry out the provisions of this subsection.
SEC. 312. MIGRATORY WORKERS
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
individuals with handicaps, as determined in accordance with rules prescribed
by the Secretary of Labor, who are migratory agricultural workers or seasonal
farmworkers, and to members of their families (whether or not such family
members are individuals with handicaps) who are with them, including
maintenance and transportation of such individuals and members of their
families where necessary to the rehabilitation of such individuals.
Maintenance payments under this section shall be consistent with any
maintenance payments made to other individuals with handicaps in the State
under this Act. Such grants shall be conditioned 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 migratory
agricultural workers, seasonal farmworkers, or their families. This section
shall be administered in coordination with other programs serving migrant
agricultural workers and seasonal farmworkers, including programs under title
I of the Elementary and Secondary Education Act of 1965, section 311 of the
Economic Opportunity Act of 1964, the Migrant Health Act, and the Farm Labor
Contractor Registration Act of 1963.
SEC. 314. READER SERVICES FOR THE BLIND
[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--
[314-a](1) provide reading services to blind persons who are not otherwise
eligible for such services through other State or Federal programs; and
[314-a](2) expand the quality and scope of reading services available to
blind persons, and to assure to the maximum extent possible that the
reading services provided under this Act will meet the reading needs 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 administer the
reading services for which such grant is awarded through the designated State
unit of the State.
[314](b) No grant shall be awarded under this section unless the applicant
has submitted an application to the Secretary in such form, at such time,
and containing such information as the Secretary may require.
[314](c) For purposes of this section, the term "reading services" mean--
[314-c](1) the employment of persons who, by reading aloud, can afford
blind persons ready access to printed information;
[314-c](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;
[314-c](3) the storage and distribution of braille materials and sound
recordings;
[314-c](4) the purchase, storage, and distribution of equipment and
materials necessary for the production, duplication, and reproduction
of braille materials and sound recordings;
[314-c](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
[314-c](6) radio reading services for blind persons.
SEC. 315. INTERPRETER SERVICES FOR THE DEAF
[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 private nonprofit organization
involved in the delivery of assistance or services to deaf individuals.
[315](b) No grant may be made under this section unless an application
therefor is submitted to the Commissioner in such form, at such times, and
in accordance with such procedures as the Commissioner may require. Such
application shall--
[315-b](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;
[315-b](2) include a plan which describes, in sufficient detail, the manner
in which interpreter referral services will be coordinated with the
information and referral programs required under section 101(a)(22);
[315-b](3) provide assurances that the program will seek to enter into
contractual or other arrangements, to the extent appropriate, with
private nonprofit organizations comprised of primarily hearing-impaired
individuals (or private nonprofit organizations which have the primary
purpose of providing assistance or services to hearing-impaired
individuals) for the operation of such programs.
[315-b](4) provide that an interpreter participating in the program shall be
required to meet minimum standards established by the Commissioner; and
[315-b](5) contain such other information as the Secretary may require.
[315](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 organization 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.
[315](d) Funds provided to any designated State unit for any program under
this section shall not be used for any administrative or related costs, nor
shall such funds be used for assistance to deaf individuals who are receiving
rehabilitation services under any other provision of this Act.
SEC. 316. SPECIAL RECREATIONAL PROGRAMS
[316](a)(1) The Commissioner, subject to the provisions of section 306, shall
make grants to States, public agencies and nonprofit private organizations
for paying part or all of the cost of initiation of recreation programs to
provide individuals with handicaps with recreational activities and
related experiences to aid in the mobility, socialization, independence
and community integration of such individuals. The programs authorized to
be assisted under this section may include, but are not limited to,
leisure education, leisure networking, leisure resource development,
physical education and sports, scouting and camping, 4-H activities,
music, dancing, handicrafts, art, and homemaking. Whenever possible and
appropriate, such programs and activities should be provided in settings
with peers without handicaps. Programs and activities under this section
shall be designed to demonstrate ways in which such programs assist in
maximizing the independence and integration of individuals with handicaps.
[316-a](2) Each such grant shall be made for a minimum three-year period.
[316-a](3) No grant may be made under 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 before or
after school.
[316](b) There are authorized to be appropriated $2,330,000 for fiscal year
1987, $2,470,000 for fiscal year 1988, $2,620,000 for fiscal year 1989,
$2,780,000 for fiscal year l990, and $2,894,000 for fiscal year 1991 to
carry out this section.
PUT-HOME |