§ 794. Nondiscrimination under Federal grants and programs

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1973

   Rehabilitation Act of 1973

   Pub. L. 93–112 title V § 504 · 87 Stat. 355

   Enacted · 29 U.S.C. § 794

   Pub. L. 93–112, title V, § 504, Sept. 26, 1973, 87 Stat. 394

   Source evidence

   Code source credit
   Pub. L. 93–112, title V, § 504, Sept. 26, 1973, 87 Stat. 394

   Enacted provision · exact public law section
   Sec. 504. nondiscrimination under federal grants No otherwise qualified handicapped individual in the Ante, p. 361. United States, as defined in section 7(6), 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.

2. 1978

   Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978

   Pub. L. 95–602 title I · 92 Stat. 2955

   1. Substituted · 29 U.S.C. § 794

      Pub. L. 95–602 substituted “section 706(7) of this title” for “section 706(6) of this title”

   2. Inserted · 29 U.S.C. § 794

      Pub. L. 95–602 inserted provision prohibiting discrimination under any program or activity conducted by any Executive agency or by the United States Postal Service and requiring the heads of these agencies to promulgate regulations prohibiting discrimination

   Source evidence

   Code amendment note
   Pub. L. 95–602 substituted “section 706(7) of this title” for “section 706(6) of this title” and inserted provision prohibiting discrimination under any program or activity conducted by any Executive agency or by the United States Postal Service and requiring the heads of these agencies to promulgate regulations prohibiting discrimination.

   Enacted provision · exact public law
   TITLE I— AMENDMENTS TO THE REHABILITATION ACT OF 1973 Sec. 101. vocational rehabilitation services; authorization of appropriations; allotments (a) Section 100(b) of the Rehabilitation Act of 1973 is Federal grants. 29 USC 720. amended— (1) in subsection (b) (1), by adding at the end the following: “There is further authorized to be appropriated for such purpose $808,000,000 for the fiscal year ending September 30, 1979, and the amount determined under subsection (c) for the three succeeding fiscal years but in no event shall the amount appropriated be greater than $880,000,000 for the fiscal year ending September 30, 1980, $945,000,000 for the fiscal year ending September 30, 1981, and $972,000,000 for the fiscal year ending September 30, 1982.”; (2) by amending subsection (b) (2) to read as follows: “(2) For the purpose of allotments under section 120(a) (1), there 29 USC 740. are authorized to be appropriated $45,000,000 for the fiscal year ending September 30, 1979, $50,000,000 for the fiscal year ending September 30, 1980, $55,000,000 for the fiscal year ending September 30, 1981, and $60,000,000 for the fiscal year ending September 30, 1982. There are further authorized to be appropriated for such purpose for each such year such additional sums as the Congress may determine to be necessary.”; and (3) by adding at the end the following new paragraph: “(3) For the purpose of making grants to Indian tribes under part Indian tribes. Post, p. 2961. D of this title, there are authorized to be appropriated for the fiscal year ending September 30, 1979, and for each of the three fiscal years thereafter, 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.”. (b) Section 100 of the Rehabilitation Act of 1973 is amended by adding at the end the following new subsection: “(c) (1) No later than November 15 of each fiscal year (beginning Percentage change in price index, publication in Federal Register. with the fiscal year 1979), the Secretary of Labor shall publish in the change in price Federal Register the percentage change in the price index published 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 appropriated 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 appropriated for the fiscal year in which the publication is made under paragraph (1). “(3) “Price index”. 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.”. (c) Section 110(a) of the Rehabilitation Act of 1973 is amended to read as follows: “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 appropriated under 29 USC 720. 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 products 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 determined 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 authorized Ante, p. 2955. to be appropriated for such fiscal year under section 100(b) (1) for allotment under this section in excess of the amount appropriated under section 100(b) (1) 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 corresponding 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 Islands, and the Trust Territory of the Pacific Islands) under this subsection for any fiscal year which is less than one-third of 1 percent of the amount appropriated under section 100(b)(1), or $3,000,000, whichever is greater, shall be increased to that amount, the total of the increases thereby required being derived by proportionately 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.”. (d) Section 110(b) of the Rehabilitation Act of 1973 is amended by 29 USC 730. inserting “(1)” after “(b)”, by striking out the last sentence, and by adding at the end thereof the following new paragraphs: “(2) If a State receives as its Federal share under section 111(a) 29 USC 731. 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 29 USC 721. State for the administration of the State plan but excluding 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.”. (e) (1) The second sentence of section 120(a)(1) of the Rehabilitation 29 USC 740. Act of 1973 is amended by striking out “three” and inserting in lieu thereof “five”. (2) The first sentence of section 121(b) of the Rehabilitation Act 29 USC 741. of 1973 is amended by striking out “September 30, 1979” and inserting in lieu thereof “September 30, 1982”. Sec. 102. state plans (a) Section 101(a) of the Rehabilitation Act of 1973 is 29 USC 721. amended— (1) by striking out “For each fiscal year in which” and all that Submittal to Commissioner. Submittal to follows through the dash and inserting in lieu thereof the following: “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 revisions in the plan as may be necessary. Each such plan shall—”; (2) in paragraph (5) (A) by inserting after “handicaps” the first place it appears the following: “and a description of the method to be used to utilize existing rehabilitation facilities to the maximum extent feasible”; (3) in paragraph (6) by inserting “(A)” after “(6)”, by inserting “and” after the semicolon the second place it appears, and by adding at the end the following new subparagraph: “(B) provide satisfactory assurances that facilities used in connection 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;”; 42 USC 4151 note. (4) in paragraph (7) by striking out “and” at the end of clause (A), and by inserting before the semicolon at the end thereof a comma and the following: “and (C) provisions relating to the establishment and maintenance of minimum standards to assure the. availability of personnel, to the maximum extent feasible, trained to communicate in the client’s native language or mode of communication”; (5) in clause (C) of paragraph (9) by striking out “under section 401” and inserting in lieu thereof “under section 13”; (6) in paragraph (11) by inserting before the semicolon the following: “ (specifically including arrangements for the coordination of services to individuals eligible for services under this Act, 20 USC 1401 note. the Education of the Handicapped Act, and the Vocational Education Act) ”; (7) 20 USC 2301 note. in paragraph (12) by inserting “(A)” after “(12)”, by inserting after the semicolon “and”, and by adding at the end the following new subparagraph: “(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;”; (8) in paragraph (15) by striking out “(including the State’s needs for rehabilitation facilities)” and inserting in lieu thereof “ (including the capacity and condition of rehabilitation facilities, plans for improving such facilities, and policies for the use thereof by the State agency) ”; (9) in paragraph (18) by inserting “personnel” before “working in the field of vocational rehabilitation” and by striking out “and” at the end thereof; (10) in paragraph (19) by striking out the period and by inserting in lieu thereof a semicolon; and (11) by adding at the end thereof the following new paragraphs: “(20) Handicapped American Indians.Post, p. 2961. 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 Erovides such services to other significant segments of the popuition of handicapped individuals residing in the State; “(21) Contracts. provide that the State agency has the authority to enter into contracts with profitmaking organizations for the purpose of providing on-the-job training and related programs for handicapped Post, 2993. individuals under part B of title VI upon a determination by such agency that such profitmaking organizations are better qualified to provide such rehabilitation services than nonprofit agencies and organizations; and “(22) provide for the establishment and maintenance of information 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 appropriate referrals to other Federal and State programs and activities which would benefit them.”. (b) Section 101(c) of the Vocational Rehabilitation Act of 1973 is amended— (1) by inserting “ (1) ” after “ (c) ”; (2) by striking out “(1)” before “the plan” and inserting in lieu thereof “(A)”, (3) by striking out “(2)” and inserting in lieu thereof “(B)”; and (4) by adding at the end the following new paragraph: “(2) Disbursement of funds. 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 paragraph unless the entity to which such payment is made has provided 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.”. (c) Section 101 (d) of the Rehabilitation Act of 1973 is amended to 29 USC 721. read as follows: “(d) (1) Any State which is dissatisfied with a final determination Determination appeal, petition. 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 purpose. In accordance with section 2112 of title 28, United States 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, m an action under this subsection to review a final determination of the Commissioner under subsection (b) or (c), the petitioner or the Commissioner applies to the court for leave to have additional oral submissions or written presentations made respecting such determination, the court may. for good cause shown, order the Commissioner to provide within thirty days an additional opportunity 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 submissions and presentations. The court shall thereafter review such new or modified determination. “(3) (A) Upon the filing of a petition under paragraph (1) for judicial review of a determination, the court shall have jurisdiction (i) to grant appropriate relief as provided in chapter 7 of title 5, 5 USC 701 et seq. United States Code, except for interim relief with respect to a determination under subsection (c), and (ii) except as otherwise provided in subparagraph (B), to review such determination in accordance 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 additional submissions and presentations filed under paragraph (2).”. Sec. 103. individualized written rehabilitation program Section 102 of the Rehabilitation Act of 1973 is amended— (1) in subsection (b) by inserting “and agree to” after “redevelop”: and (2) by adding at the end the. following new subsection: “(d) (1) The Director of any designated State unit shall establish Review procedures. procedures for the review of determinations made by the rehabilitation 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 Health, Education, and Welfare who is employed at a position below that of an Assistant Secretary.”. Sec. 104. scope of services; telecommunications services (a) Section 103(a) (1) of the Rehabilitation Act of 1973 is amended by inserting “mental or” before “emotional”. (b) Section 103(b) of the Rehabilitation Act of 1973 is amended— (1) in paragraph (1) by striking out “and” after the semicolon; (2) in paragraph (2) by (A) inserting “(including services offered at rehabilitation facilities)” after “services” and (B) striking out the period and inserting in lieu thereof “; and (3) by adding at the end the following new paragraphs: “(3) the use of existing telecommunications systems (including telephone, television, satellite, radio, and other similar systems) which have the potential for substantially improving service delivery methods, and the development of appropriate programing to meet the particular needs of handicapped individuals; and “(4) the use of services providing recorded material for the blind and captioned films or video cassettes for the deaf.”. Sec. 105. 29 USC 732. client assistance Section 112(a) of the Rehabilitation Act of 1973 is amended— (1) by striking out “section 304” in each place it appears and inserting in lieu thereof “section 310”; (2) by striking out “up to $1,500,000” and all that follows through “dispersed regions” and inserting in lieu thereof “no less than $3,500,000 for the fiscal year ending September 30, 1979, and for each of the three succeeding fiscal years, to establish in geographically dispersed regions”; and (3) by inserting before the period at the end of the first sentence the following: “, including assistance in pursuing legal, administrative, or other appropriate remedies to insure the protection of the rights of such individuals under this Act”. Sec. 106. american indian vocational rehabilitation services Part D of title I of the Rehabilitation Act of 1973 is amended to read as follows: “Part D— American Indian Vocational Rehabilitation Services “Sec. 130. “vocational rehabilitation services grants (a) The Commissioner, in accordance with the provisions 29 USC 750. Grants. of this part, may make grants to the governing bodies of Indian tribes Grants, located on Federal and State reservations to pay 90 percent of the costs of vocational rehabilitation services for handicapped American Indians residing on such reservations. “(b) (1) No grant may be made under this part for any fiscal year Application, unless an application therefor has been submitted to and approved by the Commissioner. The Commissioner may not approve an application 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 provided under this part to handicapped American Indians residing 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 whenever such State includes any such American Indians in its State, population under section 110(a) (1).” Ante, p. 2956. “(d) For the purpose of computing the allotment of any State under section 110(a), the number of American Indians residing on a reservation to be served by a grant under this part shall be subtracted 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 “Reservation.” domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act. 43 USC 1601 note. “Sec. 131. “evaluation Not less than thirty months after the date of the enactment Submittal to Congress. 29 USC 751. Ante, p. 2955. to of the Rehabilitation, Comprehensive Services and Developmental Disabilities Amendments of 1978, the Secretary shall submit to the Con-gress 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 rehabilitation services provided under this part to services provided to 29 USC 721. 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 services under such grants available to all handicapped American Indians residing on reservations served by such grants.” Sec. 107. declaration of purpose Section 200 of the Rehabilitation Act of 1973 is amended to read as follows: “Sec. 200. “declaration of purpose 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 handicapped individuals, including programs designed to train persons who provide rehabilitation services and persons who conduct research, by authorizing Federal assistance in accordance with a plan for rehabilitation research developed under this title; “(2) facilitate the distribution of information concerning developments 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 support for the development and distribution of such devices and equipment; and “(4) increase the scientific and technological information presently available in the field of rehabilitation.”. Sec. 108. research authorizations Section 201(a) of the Rehabilitation Act of 1973 is amended to read as follows: “Sec. 201. (a) There are authorized to be appropriated— “(1) National Institute of Handicapped Research.29 USC 762.Post, p. 2963.29 USC 764. for the purpose of providing for the expenses of the National Institute of Handicapped Research under section 202, other than expenses to carry out section 204, such sums as may be necessary for the fiscal year ending September 30, 1979, and for each of the three succeeding fiscal years; and “(2) for the purpose of carrying out section 204, $50,000,000 for the fiscal year ending September 30, 1979, $75,000,000 for the fiscal year ending September 30, 1980, $90,000,000 for the fiscal year ending September 30, 1981, and $100,000,000 for the fiscal year ending September 30, 1982.”. Sec. 109. national institute of handicapped research The Rehabilitation Act of 1973 is amended— (1) Repeal.29 USC 774, 777c.Post, 2974. by repealing section 304 and redesignating section 305 as section 313; (2) by transferring section 203 to title III and redesignating 29 USC 763. 29 USC 774. Repeal. 29 USC 764, 762. 29 USC 761. such section as section 304; (3) by repealing section 204 and redesignating section 202 as section 204; and (4) by inserting after section 201 the following new sections: “national institute of handicapped research “Sec. 202. (a) In order to promote and coordinate research with Establishment. 29 USC 761a. respect to handicapped individuals and to more effectively carry out the programs under section 204, there is established within the Department Supra. of Health, Education, and Welfare a National Institute of Handicapped Research (hereinafter in this title referred to as the ‘Institute,’), which shall be headed by a Director (hereinafter in this title referred 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 Health, Education, and Welfare to whom the Commissioner is responsible under section 3(a) of this Act. “(b) The Director, through the Institute, shall be responsible for— Responsibilities. “(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 relating to rehabilitation or providing rehabilitation services; “(3) coordinating, through the Interagency Committee established by section 203 of this Act, all Federal programs and policies Post, p. 2965. relating to research in rehabilitation; “(4) disseminating educational materials to primary and secondary schools, institutions of higher education, and to public and private entities concerning how the quality of life of handicapped 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 (including in-service training programs) concerning research and engineering 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 implementation 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 evaluation of vocational and other rehabilitation services for the handicapped. “(c) (1) The Director of the Institute shall be appointed by the Appointment. President, by and with the advice and consent of the Senate. The Director shall be compensated at the rate payable for level V of the Execu-tive Schedule under section 5316 of title 5, United States Code. In carrying out any of his functions under this section, the Director shall be guided by general policies of the National Council on the Handicapped Post, p. 2977. 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 compensated at the rate provided for grade GS–17 of the General Schedule under 5 USC 5332 note. section 5332 of title 5, United States Code, and shall act for the Director during the absence or disability of the Director, exercising 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 5 USC 5101 et seq., 5331 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 ncessary to accomplish the functions of the Institute and also appoint and compensate without regard to such provisions in a number not to exceed one-fifth of the number of full-time, regular technical and professional employees of the Institute. “(4) Consultants. 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) Fellowships. 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 considers necessary to procure the assistance of highly qualified research fellows from the United States and foreign countries. “(e) Grant review. The Director shall, pursuant to regulations which the Secretary 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 established within the Institute and composed of non-Federal scientists and other experts in the rehabilitation field. “(f) Not less than 90 percent of the funds appropriated under paragraph Ante, p. 2962. Ante, p. 2963. (2) of section 201(a) to carry out section 204 shall be expended by the Director to carry out such section through grants or contracts with qualified public or private agencies and individuals. “(g) Plan, submittal to Congress. The Director shall develop and submit to appropriate committees 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 respecting the problems encountered by handicapped individuals in their daily activities, especially problems related to employment; “(2) determine the funding priorities for research activities under this section and explain the basis for such priorities, includ-ing a detailed description of any new types of research recommended 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 Director Consultation. in consultation with the Commissioner, the National Council on the Handicapped established under title TV, the Commissioner of Education, Post, p. 2977. officials responsible for the administration of the Developmental Disabilities Assistance and Bill of Rights Act, the Interagency Committee Post, p. 3003. Infra. 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 revised at any time by the Director to the extent he considers necessary. “(h) In order to promote cooperation among Federal departments and agencies conducting research programs, the Director shall consult with the administrators of such programs, and with the Interagency 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 appropriate 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 Committee established by section 203. with the Director in his role of Chairman of such Committee and provide the Director with sufficient 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 National Science Foundation, the National Aeronautics and Space Administration, the Bureau of Education for the Handicapped, or of any other Federal entity, shall, through the Interagency 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. “Sec. 203. “interagency committee (a) (1) In order to promote coordination and cooperation Interagency Committee on Handicapped Research. Establishment. 29 USC 761b. among Federal departments and agencies conducting rehabilitation research programs, there is established within the Federal Government an Interagency Committee on Handicapped Research (hereinafter in this section referred to as the ‘Committee’), chaired by the Director and comprised of such members as the President may designate, including the following (or their designees): the Director, the Commissioner, the Commissioner of Education, the Administrator of Veterans’ Affairs, the Director of the National Institutes of Health, the Administrator of the National Aeronautics and Space Administration, 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 research related to rehabilitation of handicapped individuals. “(c) Report to President and congressional committees. 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 individuals.”. Sec. 110. research by private organizations Section 204(a) of the Rehabilitation Act of 1973 (as so Ante, p. 2963. redesignated by section 109(3) of this Act) is amended— (1) by striking out “The Secretary, through the Commissioner, and in coordination with other appropriate programs in the Department of Health, Education, and Welfare, is authorized to” and inserting in lieu thereof “The Director may”; (2) by striking out “public or nonprofit” and inserting in lieu thereof “public or private”; (3) by striking out “provision of vocational rehabilitation services” and inserting in lieu thereof “provision of vocational and other rehabilitation services”; (4) by inserting after “restorative techniques” the following: “, including basic research where related to rehabilitation techniques or services”; and (5) by inserting “, psychiatric” after “social”. Sec. 111. research and training centers Section 204(b) of the Rehabilitation Act of 1973 (as so Ante, p. 2963. redesignated by section 109(3) of this Act) is amended— (1) by striking out “the Secretary, through the Commissioner, and in coordination with other appropriate programs in the Department of Health, Education, and Welfare, is authorized to” and inserting in lieu thereof “the Director may”; (2) by amending paragraph (1) to read as follows: “(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 (including graduate training) to assist individuals to more effectively provide rehabilitation services, (B) providing coordinated and advanced 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.”; (3) in clause (A) of paragraph (2) by inserting “psychiatric,” before “psychological”; and (4) by adding at the, end the following new paragraphs: “(6) Conduct of a research program concerning the use of existing telecommunications systems (including telephone, television, satellite, radio, and other similar systems) which have the potential for substantially improving service delivery methods, ana the development of appropriate programing to meet the particular needs of handicapped individuals. “(7) Conduct of a program of joint projects with the National Joint projects. Institutes of Health, the Health Services Administration, the Administration on Aging, the National Science Foundation, the Veterans’ Administration, the Office of Education, 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 innovative methods to attract and retain professionals to serve in rural areas in the rehabilitation of handicapped and severely handicapped individuals. “(10) Conduct of a model research and demonstration project designed to assess the feasibility of establishing a center for producing and distributing to deaf individuals captioned video cassettes providing a broad range of educational, cultural, scientific, and vocational 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 intervention, parent counseling, infant stimulation, early identification, diagnosis, and evaluation of severely handicapped children up to the age of five, with a special emphasis on severely handicapped children up to the age of three; (B) such physical therapy, language development, pediatric, nursing, and psychiatric services as are necessary for such children; and (C) appropriate services for the parents of such children, incl tiding psychiatric services, parent counseling, and training. “(12) Conduct of a model research and training program under Model research and training program. which model training centers shall be established to develop and use more advanced and effective methods of evaluating and developing the employment potential of handicapped individuals, including 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 handicapped individuals, including new followup procedures relating to such placement; and “(E) provide information services regarding education, training, employment, and job placement for handicapped individuals.”. Sec. 112. authorizations for rehabilitation facilities and vocational training (a) (1) The first sentence of section 301 (a) of the Rehabilitation 29 USC 771. Act of 1973 is amended by striking out “for the fiscal years ending June 30, 1974, June 30, 1975, June 30, 1976, September 30, 1977, and September 30, 1978” and inserting in lieu thereof “for each fiscal year ending before October 1, 1982”. (2) 29 USC 771. The last sentence of section 301 (a) of the Rehabilitation Act of 1973 is amended by striking out “October 1, 1980” and inserting in lieu thereof “October 1, 1983”. (b) 29 USC 772. Section 302(a) of the Rehabilitation Act of 1973 is amended to read as follows: “Sec. 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 fiscal year ending before October 1, 1982.”. Sec. 113. loan guarantees Section 303 of the Rehabilitation Act of 1973 is amended to read as follows: “Sec. 303. “loan guarantees for rehabilitation facilities (a) It is the purpose of this section to assist and encourage 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 29 USC 776. 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. “(c) Interest payments. 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. “(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 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 (B) the loan would not be available on reasonable terms and conditions without the guarantee under this section. “(2) (A) The United States 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 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 (including 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 contracts to make a loan to such applicant in reliance thereon unless such person (or his successor in interest) engaged in fraud or misrepresentation in making or contracting to make such loan. “(D) Guarantees of loans under this section shall be subject to such furtner 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 Loan guarantee fund, establishment. (hereinafter 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 m appropriation 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 Appropriation authorization. necessary to provide the sums required for the fund. There shall also be deposited in the fund amounts received by the Commissioner in connection wit h 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 Treasury notes or obligations. 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. “(B) Such notes or other obligations shall bear interest at a rate Interest 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. “(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 31 USC 774. 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 him under this paragraph. All redemptions, purchases, ana 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.”. Sec. 114. training Section 304 of the Rehabilitation Act of 1973 (as so redesignated Ante, p. 2963. by section 109(2) of this Act) is amended— (1) in subsection (a)— (A) by striking out “The Secretary, through the Commissioner, in coordination with other appropriate programs in the Department of Health, Education, and Welfare, is authorized to” and inserting in lieu thereof “The Commissioner may”; (B) by inserting “, medical, social, and psychological rehabilitation” after “vocational”; and (C) by striking out “and” before “in performing” and inserting in lieu thereof the following: “, including personnel specially trained in providing employment assistance to handicapped individuals through job development and job placement services, and personnel trained”; (2) in subsection (b) — (A) by inserting “, rehabilitation psychiatry” after “work”; and (B) by inserting after “blind and deaf individuals,” the following: “specialized personnel in providing job development and job placement services for handicapped individuals,”; and (3) by adding at the end the following new subsections: “(c) The Commissioner shall evaluate the impact of the training programs conducted under this section, shall determine training needs for personnel necessary to provide services to handicapped individuals, and shall develop a long-term rehabilitation manpower plan designed to target resources on areas of personnel shortage. “(d) Interpreters for the deaf, grants, (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 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 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. “(2) Application. 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— “(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 providing training for interpreters for deaf individuals; “(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; “(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 involved 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 only through funds appropriated under the Education for All Handicapped Children 20 USC 1401 note. Act; and “(E) contain such other information as the Secretary may require. “(d) There are authorized to be appropriated to carry out this section Appropriation authorization. $34,000,000 for the fiscal year ending September 30, 1979, $40,000,000 for the fiscal year ending September 30, 1980, $45,000,000 for the fiscal year ending September 30, 1981, and $50,000,000 for the fiscal year ending September 30, 1982. 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. 115. comprehensive centers (a) The Rehabilitation Act of 1973 is amended by inserting after section 304 the following new section: Ante, p. 2963. “Sec. 305. “comprehensive rehabilitation centers (a) (1) In order to provide a focal point in communities Grants. 29 USC 775. 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 rehabilitation centers. The centers shall be established in order to provide a broad range of services to handicapped individuals, including information and referral services, counseling services, ana 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 provide, upon request, to local governmental units and other public ana 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. 29 USC 794. Application. “(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— “(1) contains assurances that the designated State unit will use funds provided by such grant in accordance with subsections (c) and (d); and “(2) contains such other information, and is submitted in such form and in accordance with such procedures, as the Commissioner 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 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— “(i) leasing facilities to serve as comprehensive rehabilitation 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 specified in this subparagraph; and “(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. “(3) 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. “(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), 29 USC 776. (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. “(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. “(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 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. “(f) Appropriation authorization. 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. “(g) There are authorized to be appropriated to carry out this section such sums as may be necessary for the fiscal year ending September 30, 1979, and for the three succeeding fiscal years.”. (b) 29 USC 776. Section 306(a) of the Rehabilitation Act of 1973 is amended by inserting in the first sentence before the period “, except as otherwise Supra. provided in section 305 (g)”. Sec. 116. special federal responsibilities Title III of the Rehabilitation Act of 1973 is amended— (1) by inserting after the title heading the following: “Part A— Construction and Training Programs” and (2) by adding after section 306 the following new part: “Part B— Special Projects and Supplementary Services “Sec. 310. “authorization of appropriations (a) For the purpose of carrying out this part (other than 29 USC 777. section 313), there are authorized to be appropriated such sums as may be necessary for each fiscal year ending before October 1, 1982. “(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 (a) Subject to the provisions of section 306, the Commissioner 29 USC 777a. 29 USC 776. 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— “(1) establishing programs and, where appropriate, constructing facilities for providing vocational rehabilitation services, which hold promise of expanding or otherwise improving rehabilitation services to handicapped individuals (especially those with the most severe handicaps), including individuals with spinal cord injuries and blind or deaf individuals, 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 servicing handicapped individuals, with opportunities tor new careers); and “(3) operating programs and, where appropriate, renovating and constructing facilities to demonstrate methods of making recreational activities fully accessible to handicapped individuals. “(b) Any project or demonstration assisted by a grant under this Individuals with spinal cord injuries. section which provides services to individuals with spinal cord injuries shall— “(1) establish, on an appropriate regional basis, a multi-disciplinary 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; “(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; “(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 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. “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 handicapped individuals, 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 handicapped) 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 handicapped individuals 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 20 USC 241a note. 42 USC 2861. 42 USC 247d. 7 USC 2041 note. and Secondary Education Act of 1965, section 311 of the note. Economic Opportunity Act of 1964, the Migrant Health Act, and the Farm Labor Contractor Registration Act of 1963. “Sec. 313. “hellen keller national center (a) The purpose of this section is to provide for the establishment and operation of the Hellen Keller National Center for Deaf-Blind Youths and Adults. Any funds appropriated under this part for construction of the Center shall remain available until expended. “(b) Inorder— “(1) to demonstrate methods of (A) providing the specialized intensive services, and other services, needed to rehabilitate handicapped individuals who are both deaf and blind, and (B) training the professional and allied personnel needed adequately to staff facilities specifically designed to provide such services and training to such personnel who have been or will be working with deaf-blind individuals; “(2) to conduct research in the problems of, and ways of meeting the problems of rehabilitating, deaf-blind individuals; and “(3) to aid in the conduct of related activities which will expand or improve the services for or help improve public understanding of the problems of deaf-blind individuals; Agreements. the Secretary, subject to the provisions of section 306, is authorized to enter into an agreement with any public or nonprofit agency or organization for payment by the United States of all or part of the costs of the establishment and operation, including construction and equipment, of a center for vocational rehabilitation of handicapped individuals who are both deaf and blind, which center shall be known as the Helen Keller National Center for Deaf-Blind Youths and Adults. “(c) Any agency or organization desiring to enter into such agreement shall submit a proposal therefor at such time, in such manner, and containing such information as may be prescribed in regulations by the Secretary. In considering such proposals the Secretary shall give preference to proposals which (1) give promise of maximum effectiveness in the organization and operation of the Helen Keller National Center, and (2) give promise of offering the most substantial skill, experience, and capability in providing a broad program of service, research, training, and related activities in the field of rehabilitation of deaf-blind individuals. “(d) To the extent feasible the Helen Keller National Center for Deaf-Blind Youths and Adults shall seek to recover from States, private insurers, and other participating public and private agencies the costs of services provided to individuals by the Center. “(e) There are authorized to be appropriated to carry out this Appropriation authorization. Appropriation section such sums as may be necessary for each fiscal year beginning authorization, before October 1, 1982. “Sec. 314. “reader services for the blind (a) The Commissioner may award grants to States or Grants. 29 USC 777d. 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 otherwise 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 that the reading services provided under this Act will meet the reading need or 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. “(b) No grant shall be awarded under this section unless the applicant Application. 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— “Reading services.” “(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 reproduction 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. “Sec. 315. “interpreter services for the deaf (a) The Commissioner may make grants to designated Grants. 29 USC 777e. 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 non-profit organization involved in the delivery of assistance or services to deaf individuals. “(b) Application. 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— “(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 coordinated with the information and referral programs required under section Ante, p. 2958. 101(a)(22); “(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; “(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 require. “(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. “(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 The Commissioner, subject to the provisions of section 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 recreational activities to aid in the mobility and socialization of such individuals. The activities authorized to be assisted under this section may include, but are not limited to, scouting and camping, 4—H activities, 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. Sec. 117. national council on the handicapped The Rehabilitation of 1973 is amended by striking out title 29 USC 701 note. IV and inserting in lieu thereof the following new title: “TITLE IV— NATIONAL COUNCIL ON THE HANDICAPPED “Sec. 400. “establishment of national council on the handicapped (a) There is established with the Department of Health, Membership. 29 USC 780. Education, and Welfare 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. “(b) (1) Members of the National Council shall be appointed to Term. 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 their 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. “Sec. 401. “duties of national council 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; “(3) advise the Commissioner, the appropriate Assistant Secretary of the Department of Health, Education, and Welfare, 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 assisted by Federal departments and agencies, including programs established or assisted under this Act or under the Developmental Post, p. 3003. 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 Secretary, the Commissioner, 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; and “(6) Report to Secretary, Congress, and President. submit not later than March 31 of each year (beginning Secretary, in 1980) an annual report to the Secretary, 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. “Sec. 402. compensation of national council members (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. “Sec. 403. “staff of national council (a) The National Council may appoint, without regard to the provisions of title 5, United States Code, governing appointments 5 USC 5101 et seq. 5 USC 5331. 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, up to seven technical and professional employees to assist the National Council to carry out its duties. “(b) 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 grade GS–18 of the General Schedule under section 5332 of title 5, United States Code). “(c) The Administrator of General Services shall provide to the General Services Administrator, administrative support. National Council on a reimbursable basis such administrative support services as the Council may request. “Sec. 404. “administrative powers of national council (a) The National Council may prescribe such bylaws Bylaws and rules. 29 USC 784. Bylaws and rules, 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. “Sec. 405. “authorization of appropriations There are authorized to be appropriated to carry out 29 USC 785. this title such sums as may be necessary.”. Sec. 118. architectural and transportation barriers compliance board (a) (1) Section 502(a) of the Rehabilitation Act of 1973 is amended to read as follows: “Sec. 502. (a) (1) There is established within the Federal Government Establishment. 29 USC 792. the Architectural and Transportation Barriers Compliance 29 USC 792. Board (hereinafter referred to as the ‘Board’) which shall be composed as follows: “(A) Eleven members shall be appointed by the President from Membership. Membership, 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 positions are executive level IV or higher): “(i) Department of Health, Education, and Welfare. “(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. 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 Term. be three years; except that (i) the members first taking office shall serve, as designated by the President at the time of appointment, 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 employee, such member may continue as a member of the Board for not longer than the sixty-day period beginning on the date he becomes such an employee. “(4) No individual appointed under paragraph (1) (A) of this subsection who has served as a member of the Board may be reappointed to the Board more than once unless such individual has not served on the Board for a period of two years prior to the effective date of such individual’s appointment. “(5) Compensation. (A) Members of the Board who are not regular full-time employees 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 traveltime, for each day they are engaged in the performance of their duties as members of the Board: and shall be entitled to reimbursement 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 Government shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying out their duties under this section.”. (b)29 USC 792. (1) Section 502(b)(1) of the Rehabilitation Act of 1973 is amended to read as follows: “(1) insure compliance with the standards prescribed pursuant to the Act of August 12, 1968, commonly 42 USC 4151 note. known as the Architectural Barriers Act of 1968 (including the application of that Act to the United States Postal Service) including out not limited to enforcing all standards under that Act, and insuring that all waivers and modifications of standards are based upon findings of fact and are not inconsistent with the provisions of such Act and this section;”. (2) Section 502(b) (2) of the Rehabilitation Act of 1973 is amended by inserting “communication,” before “and attitudinal”, and by inserting “telecommunication devices,” before “public buildings”; and (3) Section 502(b) of the Rehabilitation Act of 1973 is amended by striking out “and” at the end of clause (5), by striking out the period at the end of clause (6) and inserting in lieu thereof a semicolon, and by adding at the end thereof the following new clauses: “ (7) establish minimum guidelines and requirements for the standards issued pursuant to the Act of August 12, 1968, as amended, commonly 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) (1) The first sentence of section 502(d) of the Rehabilitation Act of 1973 is amended by striking out “or contracts with”, and by inserting after “organizations” “or contracts with private nonprofit or for profit organizations”. (2) The second sentence of section 502(d) of the Rehabilitation Act of 1973 is amended by striking out “The” and inserting in lieu thereof “Except as provided in paragraph (3) of subsection (e), the”. (3) The last sentence of section 502(d) of the Rehabilitation Act of 1973 is amended by inserting “or public conveyance or rolling stock” after “building” and by striking out “prescribed pursuant to the Act cited in subsection (b) of this section” and inserting in lieu thereof “enforced under this section”. (4) Section 502(d) of the Rehabilitation Act of 1973 is amended by 29 USC 792. adding at the end thereof the following new sentence: Pursuant to chapter 7 of title 5, United States Code, any complainant or participant 5 USC 701 et seq. in a proceeding under this subsection may obtain review of a final order issued in such proceeding. (5) Section 502(d) of the Rehabilitation Act of 1973 is further amended by inserting “(1)” after the subsection designation and by adding at the end thereof the following new paragraphs: “(2) The executive director is authorized, at the direction of the Civil action. 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. 42 USC 4151 note. Except as provided in section 518(a) of title 28, United States Code, relating to litigation before the Supreme Court, the executive director may appear for and represent the Board in any civil litigation brought under this section.”. “(3) The Board, in consultation and coordination with other concerned Development of standards, consultation. Federal departments and agencies and agencies within the standards, 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 architectural, 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 determines is appropriate. In carrying out its technical assistance responsibilities under this paragraph, the Board shall establish a procedure to insure separation of its compliance and technical assistance responsibilities under this section.”. (d) Section 502(e) of the Rehabilitation Act of 1973 is amended by inserting “(1)” after the subsection designation and by adding at the end thereof the following new paragraphs: “(2) The Executive Director shall exercise general supervision over all personnel employed by the Board (other than hearing examiners ana 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.” (e) Section 502 of the Rehabilitation Act of 1973 is amended by striking out subsection (h) and inserting in lieu thereof the following new subsections: “(h) (1) Within one year following the enactment of this subsection, Report to President and Congress. 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 handcapped individuals with full access to all programs and activities receiving Federal assistance. “(2) Grants or contracts. The Board may make grants to, or enter into contracts with, public or private organizations to carry out its duties under subsections (b) and (c). The Board may also make grants to any designated State unit for the purpose of conducting studies to provide the cost assessments 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, assessments, the. Board shall take all necessary steps to validate the accuracy of any such findings. “(i) Appropriation authorization. There are authorized to be appropriated for the purpose of carrying 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, 1982, but in no event shall the amount appropriated for any one fiscal year exceed $3,000,000.”. Sec. 119. nondiscrimination under federal programs and activities Section 504 of the Rehabilitation Act of 1973 is amended— (1) in the section heading by inserting “and programs” after “grants”; and (2) by striking out the period at the end thereof and inserting in lieu thereof “or under any program 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, Comprehensive Services, and Developmental Regulations. Proposals, copies to congressional committees. 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.”. Sec. 120. nondiscrimination provisions; interagency council; secretarial duties (a) Title V of the Rehabilitation Act of 1973 is amended by adding at the end thereof the following new sections: “Sec. 505. “remedies and attorneys’ fees (a) (1) The remedies, procedures, and rights set forth in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16), including the application of sections 706 (f) through 706 (k) (42 U.S.C. 2000e–5 (f) through (k)), shall be available, with respect to 29 USC 791. any complaint under section 501 of this Act, to any employee or applicant for employment aggrieved by the final disposition of such complaint, 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 availability 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 aggrieved 42 USC 2000d. by any act or failure to act by any recipient of Federal assistance or Federal provider of such assistance under section 504 of this Act. 29 USC 794. “(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 attorney’s fee as part of the costs. “Sec. 506. “secretarial responsibilities (1) The Secretary may provide directly or by contract 29 USC 794b. with State vocational rehabilitation agencies or experts or consultants 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 Ante, p. 2979. organization; for the purpose of assisting such persons or entities in removing architectural, transportation, or communication barriers. Any concurrence of the Board under this paragraph shall reflect its consideration of the cost studies carried out by States under section 502(c) (1). “(2) Any such experts or consultants, while serving pursuant to Experts or consultants, compensation, 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 Schedule, under section 5.332 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 communication barriers. No assistance may be provided under this paragraph until a study demonstrating the need for such assistance has been conducted and submitted under section 502(h) (2) of this title.” Ante, p. 2981. “(4) In order to carry out this section, there are authorized to be Appropriation authorization. appropriated such sums as may be necessary.”. “Sec. 507. “interagency coordinating council There shall be established an Interagency Coordinating Establishment. Membership. 29 USC 794c. Council (hereinafter referred to in this section as the ‘Council’) composed of the Secretary of Health, Education, and Welfare, the Secretary of Labor, the Attorney General, the Chairman of the United States Civil Service Commission, the Chairman of the Equal Employment Opportunity Commission, and the Chairman of the Architectural and Transportation Barriers Compliance Board. The Council shall have the responsibility for developing and implementing agreements, policies, and practices designed to maximize effort, promote efficiency, and eliminate conflict, competition, duplication, and inconsistencies among the operations, 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 Report to President and Congress. July 1 of each year, the Council shall transmit to the President and to the Congress a report of its activities, together with such recommendations 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 Executive Order to any Federal department, agency, or instrumentality to act as a lead Federal agency with respect to any provisions of this title.”. Sec. 121. application of other laws The Rehabilitation Act of 1973 is amended by inserting after section 10 the following new section: The provisions of the Act of December 5, 1974 (Public 42 USC 4251 note. 48 USC 1469a. 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.”. Sec. 122. miscellaneous and technical amendments (a) The Rehabilitation Act of 1973 is amended— (1) 29 USC 701. by amending section 2 to read as follows: “Sec. 2. “declaration of purpose The purpose of this Act is to develop and implement, through research, training, services, and the guarantee of equal opportunity, comprehensive and coordinated programs of vocational rehabilitation and independent living.”. (2) 29 USC 702. in section 3(a) by inserting “and part A of title VI” after “titles IV and V”, and by inserting at the end thereof the following : “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 Commissioner shall be guided by general policies of the National Council Ante, p. 2977. on the Handicapped established under title IV of this Act.”; (3) by striking out section 3(b) and redesignating section 3(c) as 3(b); (4) 29 USC 706. in section 7(3) by striking out “and the initial equipment” and all that follows through the period and inserting in lieu thereof “and may include such additional equipment and staffing as the Commissioner considers appropriate.”; (5) in section 7(4) (B) by inserting after “medical” comma and the word “psychiatric”; (6) insection 7(6)— (A) by striking out “The term” and inserting in lieu thereof: “(A) Except as otherwise provided in subparagraph (B), the term”; “(B) by striking out “(A)” after “individual who” and inserting in lieu thereof “(i)”and by striking out “(B)”after “and” and inserting in lieu thereof “ (ii) ”; and (C) by striking out the last sentence and by adding at the end the following new subparagraph: “(B) “Handicapped individual.”Ante, p. 2977.29 USC 790. 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 regarded as having such an impairment For purposes of sections 503 and 504 29 USC 793, 794. as such sections relate to employment, such term does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents such individual from performing 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.”; (7) in section 7(10)— 29 USC 706. (A) by inserting “, psychiatric” after “medical” in subparagraph (A) thereof; and (B) by inserting “psychiatric,” before “psychological” in subparagraph (B) thereof; (8) in section 7 by (A) redesignating paragraphs (3) through (14) as paragraphs (4) through (15), respectively and (B) inserting after paragraph (2) the following new paragraph: “(3) The term ‘designated State units’ means (A) any State agency “Designated State units.” 29 USC 721. 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.” (9) in section 10 by inserting before the period at the end 29 USC 709. thereof the following: “except that this section shall not be construed to limit or reduce fees for services rendered by rehabilitation facilities”; (10) by adding after section 11 (as added by section 121 of this Act) the following new sections: Sec. 12. “administration op the act (a) In carrying out the purposes of this Act, the Commissioner 29 USC 711. 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 educational or informational materials, including reports of the projects for which funds are provided under this Act; and “(5) provide staff and other technical assistance to the National 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 organization, 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 Regulations. appropriate to carry out his duties under this Act. “(d) There are authorized to be appropriated to carry out this Appropriation authorization. section such sums as may be necessary. “Sec. 13. “reports Not later than one hundred and twenty days after the close Submittal to President and Congress. 29 USC 712. of each fiscal year, the Commissioner shall prepare and submit to the President for transmittal to the a full and complete report on the activities carried out under this Act. Such annual reports shall include statistical data reflecting services and activities provided individuals during the preceding fiscal year. “Sec. 14. “evaluation (a) The Secretary shall evaluate the impact of all programs authorized by this Act, their general effectiveness in achieving stated goals, and their effectiveness in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services, including, where appropriate, comparisons with appropriate, control groups composed of persons who nave not participated in such programs. 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) Evaluation results, annual publication and availability. 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 available to the Congress and the public. “(d) The Secretary shall take the necessary action to assure that all studies, evaluations, projwsals, 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 agencies of the executive branch. “(f) Appropriation authorization. There are authorized to be appropriated to carry out this section such sums as may be necessary. “Sec. 15. “information clearinghouse (a) The Secretary may establish a central clearinghouse for information and resource availability for handicapped individuals which shall provide information and data regarding (1) the location, provision, and availability of services and programs for handicapped individuals, (2) research and recent medical and scientific developments bearing on handicapping conditions (and their prevention, amelioration, causes, and cures), and (3) the current numbers of handicapped individuals and their needs. The clearinghouse shall also provide any other relevant information and data which the Secretary considers appropriate. “(b) Information and data retrieval system. The Commissioner may assist the Secretary to develop within the Department of Health, Education, and Welfare 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 private agencies and organizations, handicapped individuals and their families, professionals in fields serving such individuals, and the general public. “(c) Any office established to carry out the provisions of this section shall be known as the “Office of information and Resources for the Handicapped”. “(d) Appropriation authorization. There are authorized to be appropriated to carry out this section such sums as may be necessary. “Sec. 16. “transfer of funds No funds appropriated under this Act for any research program Restriction. 29 USC 715. or activity may be used for any purpose other than that for which the funds were specifically authorized.”. (b) Title I of the Rehabilitation Act of 1973 is further amended— (1) in parts A through C by striking out “Secretary” in each place it appears and inserting in lieu thereof “Commissioner”; and (2) in section 121(a) by inserting after the first sentence the 29 USC 741. following new sentence: “Payments may also be made under this section for the costs of the construction of facilities to be used in providing services under such State plan if provision for such construction is included in such State plan.”. (c) Title III of the Rehabilitation Act of 1973 is further amended— (1) in section 300— 29 USC 770. (A) by adding be fore the semicolon in paragraph (1) the following: “and authorize such staffing as the Commissioner deems appropriate”; (B) by striking out paragraph (4); and (C) by redesignating paragraph (5) as paragraph (4); (2) in section 301 by striking out “initial” each place it appears 29 USC 771. and by striking out “Secretary” in each place it appears and inserting lieu thereof “Commissioner”; (3) in section 302 by striking out “Secretary” in each place it 29 USC 772. appears and inserting m lieu thereof “Commissioner”; (4) in subsections (a), (c), (e), (f), and (i) of section 306 29 USC 776. by striking out “Secretary” in each place it appears and inserting in lieu thereof “Commissioner”; (5) by amending paragraph (3) of section 306(b) to read as follows: “(3) provide that the agency or organization receiving Federal Annual report. 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;”; Ante, p. 2985. (6) in paragraph (4) of section 306(b) by striking out “Secretary” where it first occurs and inserting in lieu thereof “Commissioner”; and (7) by striking out “SPECIAL FEDERAL RESPONSIBILITIES” 29 USC prec. 770. in the title heading and inserting in lieu thereof “SUPPLEMENTARY SERVICES AND FACILITIES”. (d) Title V of the Rehabilitation Act of 1973 is further amended— (1) in section 29 USC 793. 503(a), by striking out “as defined in section 7(6)” and inserting in lieu thereof “as defined in section 7(7); 29 USC 706. and (2) in section 504, by striking out “as defined in section 7(6)” 29 USC 794. and inserting in lieu thereof “as defined in section 7 (7)”. (e) Section 412 of the Energy Conservation and Production Act is 42 USC 6862. amended by striking out “as defined in section 7(6)” and inserting in lieu thereof “as defined in section 7(7)”. (f) Section 1904 of title 38, United States Code, is amended— (1) by striking out “section 202(b) (2)” and inserting in lieu thereof “and section 204(b) (2)”; and (2) by striking out “, and section 405” and all that follows through “activities)”. (g) 29 USC 701 note. The table of contents for the Rehabilitation Act of 1973 is amended— (1) by inserting after the item relating to section 10 the following new items: “Sec. 11. Application of other lawa “Sec. 12. Administration of the Act. “Sec. 13. Reports “Sec. 14. Evaluation. “Sec. 15. Information clearinghouse. “Sec. 16. Transfer of funds.”; (2) by striking out the items relating to part D of title I and section 130 and inserting in lieu thereof the following: “Part D— American Indian Vocational Rehabilitation Services “Sec. 130. Vocational rehabilitation services grants. “Sec. 131. Evaluation. (3) by striking out the items relating to titles II and III and to sections 200 through 204 and 300 through 306 and inserting in lieu thereof the following: “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. “Part B— Special Projects “Sec. 310. Authorization of appropriations. “Sec. 311. Special demonstration programs. “Sec. 312. Migratory workers. “Sec. 313. Helen Keller National Center. “Sec. 314. Reader services for the blind. “Sec. 315. Interpreter services for the deaf. “Sec. 316. Special Recreational Programs.” (4) by striking out the items relating to title IV and sections 400 through 407 and inserting in lieu thereof the following: “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.”; and (5) by adding at the end of the items relating to title V the following new items: “Sec. 505. Remedies and attorneys’ fees. “Sec. 506. Secretarial responsibilities. “Sec. 507. Interagency Coordinating Council”.

3. 1986

   Pub. L. 99–506 title I § 103(d)(2)(B) · 100 Stat. 1807

   1. Substituted · 29 U.S.C. § 794

      Pub. L. 99–506 substituted “individual with handicaps” for “handicapped individual”

   2. Substituted · 29 U.S.C. § 794

      Pub. L. 99–506 substituted “section 706(8) of this title” for “section 706(7) of this title”

   Source evidence

   Code amendment note
   Pub. L. 99–506 substituted “individual with handicaps” for “handicapped individual” and “section 706(8) of this title” for “section 706(7) of this title”.

   Enacted provision · exact public law section
   (B) by striking out “handicapped individual” each place it appears and inserting in lieu thereof “individual with handicaps”; and

4. 1988

   Civil Rights Restoration Act of 1987

   Pub. L. 100–259 § 4(1) · 102 Stat. 28

   Amended · 29 U.S.C. § 794(a)

   Pub. L. 100–259, § 4(1), designated existing provisions as subsec. (a)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 100–259, § 4(1), designated existing provisions as subsec. (a).

   Enacted provision · exact public law section
   (1) by inserting “(a)” after “Sec. 504.”; and

5. 1988

   Civil Rights Restoration Act of 1987

   Pub. L. 100–259 § 4(2) · 102 Stat. 28

   Added · 29 U.S.C. § 794(b)

   Pub. L. 100–259, § 4(2), added subsec. (b)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–259, § 4(2), added subsec. (b).

   Enacted provision · exact public law section
   (2) by adding at the end the following new subsections: “(b) For the purposes of this section, the term ‘program or activity’ means all of the operations of— “(1) (A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or “(B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; “(2) (A) a college, university, or other postsecondary institution, or a public system of higher education; or “(B) a local educational agency (as defined in section 198(a)(10) of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system; “(3) (A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship— “(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or “(ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or “(B) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or “(4) any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3); any part of which is extended Federal financial assistance. “(c) Small providers are not required by subsection (a) to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the services are available. The terms used in this subsection shall be construed with reference to the regulations existing on the date of the enactment of this subsection. ”.

6. 1988

   Civil Rights Restoration Act of 1987

   Pub. L. 100–259 § 4(2) · 102 Stat. 28

   Added · 29 U.S.C. § 794(c)

   Pub. L. 100–259, § 4(2), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–259, § 4(2), added subsec. (c).

   Enacted provision · exact public law section
   (2) by adding at the end the following new subsections: “(b) For the purposes of this section, the term ‘program or activity’ means all of the operations of— “(1) (A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or “(B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; “(2) (A) a college, university, or other postsecondary institution, or a public system of higher education; or “(B) a local educational agency (as defined in section 198(a)(10) of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system; “(3) (A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship— “(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or “(ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or “(B) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or “(4) any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3); any part of which is extended Federal financial assistance. “(c) Small providers are not required by subsection (a) to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the services are available. The terms used in this subsection shall be construed with reference to the regulations existing on the date of the enactment of this subsection. ”.

7. 1988

   Handicapped Programs Technical Amendments Act of 1988

   Pub. L. 100–630 § 206(d)(1) · 102 Stat. 3289

   Substituted · 29 U.S.C. § 794(a)

   Pub. L. 100–630, § 206(d)(1), substituted “her or his handicap” for “his handicap”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–630, § 206(d)(1), substituted “her or his handicap” for “his handicap”.

   Enacted provision · exact public law section
   (1) in the first sentence of subsection (a), by striking “his handicap” and inserting “her or his handicap”; and

8. 1988

   Handicapped Programs Technical Amendments Act of 1988

   Pub. L. 100–630 § 206(d)(2) · 102 Stat. 3289

   Substituted · 29 U.S.C. § 794(b)(2)(B)

   Pub. L. 100–630, § 206(d)(2), substituted “section 2891(12) of title 20” for “section 2854(a)(10) of title 20”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(B). Pub. L. 100–630, § 206(d)(2), substituted “section 2891(12) of title 20” for “section 2854(a)(10) of title 20”.

   Enacted provision · exact public law section
   (2) in subsection (b)(2)(B), by striking “section 198(a)(10)” and inserting “section 1471(12)”.

9. 1992

   Rehabilitation Act Amendments of 1992

   Pub. L. 102–569 § 102(p)(32) · 106 Stat. 4344

   1. Substituted · 29 U.S.C. § 794(a)

      Pub. L. 102–569, § 102(p)(32), substituted “a disability” for “handicaps” in first sentence

   2. Substituted · 29 U.S.C. § 794(a)

      Pub. L. 102–569, § 102(p)(32), substituted “disability” for “handicap” in first sentence

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–569, § 102(p)(32), substituted “a disability” for “handicaps” and “disability” for “handicap” in first sentence.

   Enacted provision · exact public law section
   (32) Section 504 (29 U.S.C. 794) is amended in subsection (a)— (A) by striking “handicaps” and inserting “a disability”; and (B) by striking “handicap” and inserting “disability”.

10. 1992

    Rehabilitation Act Amendments of 1992

    Pub. L. 102–569 § 506 · 106 Stat. 4344

    Added · 29 U.S.C. § 794(d)

    Pub. L. 102–569, § 506, added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–569, § 506, added subsec. (d).

    Enacted provision · exact public law section
    SEC. 506. NONDISCRIMINATION UNDER FEDERAL GRANTS AND PROGRAMS. Section 504 (29 U.S.C. 794) is amended by adding at the end the following new subsection: “(d) The standards used to determine whether this section has been violated in a complaint alleging employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201–12204 and 12210), as such sections relate to employment.”.

11. 1994

    Improving America’s Schools Act of 1994

    Pub. L. 103–382 title III § 394(i)(2) · 108 Stat. 3518

    Substituted · 29 U.S.C. § 794(b)(2)(B)

    Pub. L. 103–382 substituted “section 8801 of title 20” for “section 2891(12) of title 20”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 103–382 substituted “section 8801 of title 20” for “section 2891(12) of title 20”.

    Enacted provision · exact public law section
    (2) in subparagraph (B) of section 504(b)(2), by striking 29 USC 794. “section 1471(12)” and inserting “section 14101”.

12. 1998

    Rehabilitation Act Amendments of 1998

    Pub. L. 105–220 title IV § 408(a)(3) · 112 Stat. 936

    Substituted · 29 U.S.C. § 794(a)

    Pub. L. 105–220 substituted “section 705(20)” for “section 706(8)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–220 substituted “section 705(20)” for “section 706(8)”.

    Enacted provision · exact public law section
    (3) Federal grants and contracts.— Section 504(a) (29 U.S.C. 794(a)) is amended in the first sentence by striking “section 7(8)” and inserting “section 7(20)”.

13. 2002

    Pub. L. 107–110 title X § 1076(u)(2) · 115 Stat. 1425

    Substituted · 29 U.S.C. § 794(b)(2)(B)

    Pub. L. 107–110 substituted “section 7801 of title 20” for “section 8801 of title 20”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 107–110 substituted “section 7801 of title 20” for “section 8801 of title 20”.

    Enacted provision · exact public law section
    (2) Nondiscrimination.— Section 504(b)(2)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 794(b)(2)(B)) is amended by striking “14101” and inserting “9101”.

14. 2014

    Workforce Innovation and Opportunity Act

    Pub. L. 113–128 title IV § 456(c) · 128 Stat. 1425

    Substituted · 29 U.S.C. § 794(b)(2)(B)

    Pub. L. 113–128 substituted “career and technical education” for “vocational education”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 113–128 substituted “career and technical education” for “vocational education”.

    Enacted provision · exact public law section
    (c) Program or Activity.— Section 504(b)(2)(B) (29 U.S.C. 794(b)(2)(B)) is amended by striking “vocational education” and inserting “career and technical education”.

15. 2015

    Every Student Succeeds Act

    Pub. L. 114–95 title IX § 9215(mmm)(3) · 129 Stat. 1802

    Changed · 29 U.S.C. § 794(b)(2)(B)

    Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.

    Enacted provision · exact public law section
    (3) Section 504(b)(2)(B) (29 U.S.C. 794(b)(2)(B)) is amended by striking “(as defined in section 9101 of the Elementary and Secondary Education Act of 1965)” and inserting “(as defined in section 8101 of the Elementary and Secondary Education Act of 1965)”.

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.

16 of 18 references resolved to an enrolled provision · 2 partial