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HR 4021 - 99

Rehabilitation Act Amendments of 1986

Became Public Law No: 99-506.

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Labor and employment
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Labor and Employment

Labor and Employment

Rehabilitation Act Amendments of 1986 Became Public Law No: 99-506. Labor and Employment

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Summary

17 Reported to House with amendment(s) Apr 3, 2004

(Reported to House from the Committee on Education and Labor with amendment, H. Rept. 99-571) Rehabilitation Act Amendments of 1986 - Amends the Rehabilitation Act of 1973 (the Act) to revise and extend provisions under the Act. Title I: Amendments to the General Provisions - Provides that the Commissioner of the Rehabilitation Services Administration (the Commissioner) shall be appointed by the Secretary of Education (the Secretary). (Current law provides for appointment by the President by and with the advice and consent of the Senate.) Requires the Commissioner to report directly to the Assistant Secretary for Special Education and Rehabilitation Services. Requires that the position of the Commissioner be a Senior Executive Service position and receive GS-18 level compensation. Requires that the Commissioner have substantial experience in rehabilitation and rehabilitation program management. Lowers the Federal share for specified purposes under the Act from 80 to 75 percent, effective October 1, 1988. Replaces the phrase "handicapped individual" with the phrase "individual with handicaps." Revises the definition of "local agency" to eliminate a requirement that such agencies have certain agreements with designated State agencies. Redefines "individual with severe handicaps." Includes Indian tribal organizations under the term "public or nonprofit agency or organization." Requires that the Commissioner's reports to the President and the Congress include statistical data on the activities and staffing of a certain information clearinghouse. Requires that the annual report include an evaluation of the status of individuals with severe handicaps participating in programs under this Act. Requires that the Secretary's annually published summaries of program and project evaluations include the standards used for such evaluations. Requires that the application of any State rule or policy relating to the administration and operation of programs funded by the Act (including rules or policies based on State interpretations of Federal requirements) be identified as a State-imposed requirement. Directs the Secretary to: (1) conduct an assessment of the indirect cost rates charged to State agencies designated to administer or supervise the administration of the State plan under the Act by other State agencies; and (2) report, with recommendations, on such assessment to the Congress by February 1, 1987. Title II: Vocational Rehabilitation Services - Extends through FY 1991 the authorization of appropriations for grants to States (and Indian tribes) for provision of vocational rehabilitation services and for innovation and expansion of such services. Eliminates provisions for automatic extensions of such State grant program authorization or duration. Revises requirements for State plans for vocational rehabilitation services. Requires such plans to: (1) include the results of a comprehensive, State-wide assessment of the rehabilitation needs of all individuals with severe handicaps residing within the State and the State's response to the assessment; (2) describe the manner in which rehabilitation engineering services will be used to provide aid to individuals with the most severe handicaps; (3) contain provisions relating to the standards governing the qualified personnel used in the provision of vocational rehabilitation services; (4) provide for other services as are specified after a determination that comparable services and benefits are not available under any other program; (5) provide for cooperative agreements with community mental health programs; (6) provide that the State shall consult with Indian tribal organizations and native Hawaiian organizations in the development of such plans; (7) provide for public meetings and comments on the State plan; and (8) contain plans, policies, and methods to be followed to assist in the transition from education to employment related activities. Requires that a statement of individual rehabilitation goals be based on an evaluation of rehabilitation potential. Requires that the procedures for review of a decision by a rehabilitation counselor or coordinator on an individualized written rehabilitation program shall provide an opportunity for the submission of additional evidence and information. Requires the grounds for the decision to be included in the final decision. Requires a copy of the decision to be provided to the affected individuals. Authorizes State fair hearing boards to review certain determinations under the Act under specified conditions. Changes the scope of vocational rehabilitation services that must be provided under the Act to include: (1) evaluations of rehabilitation potential by personnel skilled in rehabilitation technology, where appropriate; (2) "specific" (rather than "other") postemployment services necessary to assist handicapped individuals to maintain their employment; and (3) rehabilitation engineering services designed to assist severely handicapped individuals increase their functional abilities and potential for self-sufficiency. Extends the method for determining the non-Federal share for construction of a rehabilitation facility to Indian tribal organization programs. Sets certain time limits on the reallocation of State allotments. Requires that at least one quarter of one percent but not more than one percent of the basic State grant be reserved for American Indian vocational rehabilitation services. Revises provisions for payments to States and maintenance of effort by States. Reduces the amount which a State is eligible to receive for vocational rehabilitation services by any amount by which non-Federal expenditures under one State plan are less than the average of the total of such expenditures for the three preceding fiscal years. Authorizes the Commissioner to waive or modify such maintenance of effort requirements when exceptional or uncontrollable circumstances affect a State. Permits the Governor of a State to remove an agency designated as a client assistance agency only for good cause. Authorizes the Commissioner to increase minimum allotments under the client assistance program under specified circumstances. Directs the Secretary to pay a client assistance agency a specified amount. Authorizes appropriations for vocational rehabilitation assistance for FY 1987 through 1991. Extends the duration of the program of grants to States for such assistance through FY 1991. Provides that the non-Federal share of costs for American Indian vocational rehabilitation services grants may be in cash or in kind. Authorizes the Commissioner to waive the non-Federal share requirement. Changes the requirements for a State's application for a grant for American Indian vocational rehabilitation programs. Requires such application to include assurances that the services provided may include services traditionally used by the tribal organization. Limits the duration of the application's effectiveness to 36 months. Requires the Secretary to give priority consideration to applications for the continuation of programs that have been funded in the past. Deletes the provision that sets forth the method of computing a State allotment for vocational rehabilitation services based upon the number of Indians living on a reservation in the State. Requires the evaluation of the American Indian vocational rehabilitation programs to include an evaluation of the nature and extent of cooperative efforts between such programs and other vocational rehabilitation programs under the Act. Directs the Secretary to conduct a study on the special problems and needs of American Indians with handicaps both on and off the reservation and to submit the results of such study to the President and the appropriate committees of the Congress within 12 months of enactment of this Act. Title III: Research and Training - Authorizes appropriations for FY 1987 through 1991 for the National Institute of Handicapped Research (the Institute) and for research grants for methods and devices to assist in the provision of vocational and rehabilitation services for handicapped individuals. Redesignates the National Institute of Handicapped Research as the National Research Institute on Disability and Rehabilitation. Requires the Director of the Institute (the Director) to disseminate research information to tribal rehabilitation research or service agencies. Requires the Director, in conjunction with the Bureau of Indian Affairs and the Indian Health Service as well as other agencies, to produce and disseminate reports on the demographic characteristics of handicapped individuals. Provides that the Director shall be appointed by the Secretary and shall report to the Assistant Secretary for Special Education and Rehabilitation Services. (Current law provides for appointment by the President by and with the advice and consent of the Senate.) Changes the pay rate for the Director. Requires the Director to have had substantial experience in rehabilitation and in research administration. Requires the Director to establish at a higher education institution a center for research and training on the delivery of rehabilitation services to rural areas. Requires the Director to make grants to higher education institutions to train researchers in the field of rehabilitation of individuals with handicaps. Requires the Director to submit to the Congress, within one year of enactment of this Act, policy recommendations for the establishment by the Congress of an agency designed to ensure: (1) the development and cost-effective production and marketing of technological devices; and (2) the efficient distribution of such technology to individuals with disabilities. Requires the Director to: (1) study health insurance practices and policies which affect individuals with handicaps; and (2) report on such study to the appropriate congressional committees by February 1, 1990. Includes the Assistant Secretary of the Interior for Indian Affairs and the Director of the Indian Health Service on the Interagency Committee on Handicapped Research. Provides that Federal grants for specialized rehabilitation research may include grants to: (1) Indian tribes and tribal organizations for rehabilitation research; (2) Rehabilitation Research and Training Centers, including consideration of rural issues as appropriate; (3) Rehabilitation Engineering Research Centers for innovative models for the delivery of cost-effective rehabilitation engineering services that promote use of engineering and other research to help meet the needs of the severely disabled; (4) rehabilitation research programs for handicapped Indian Americans age 55 (currently 60) and older; (5) model research and demonstration programs providing, among other services, psychological services for preschool age handicapped children and their parents; and (6) studies of the rehabilitation needs of American Indians and methods of delivering such services. Provides that each Rehabilitation Research and Training Center shall receive a grant of at least $400,000 for each fiscal year (except Centers which have received grants before the enactment of this Act). Prohibits the awarding of any grant exceeding such amount unless peer review includes consideration of past performance. Requires Rehabilitation Engineering Research Centers to disseminate, as well as develop, innovative methods of applying advanced technology. Requires the Director, in awarding grants for spinal cord injuries and research, to take account of the location of any proposed Center and the appropriate geographic and regional allocation of such Centers. Title IV: Supplementary Services and Facilities - Authorizes appropriations for FY 1987 through 1991 for: (1) grants for construction of rehabilitation facilities, staffing, and planning assistance; (2) vocational training services for handicapped individuals; (3) training for personnel involved in providing rehabilitation services for handicapped individuals; (4) comprehensive rehabilitation centers; (5) special projects and supplementary services; and (6) special recreational programs. Includes, under provisions for personnel training grants and contracts, personnel specifically trained to identify, assess, and meet the individual rehabilitation needs of individuals with severe handicaps. Requires recipients of such grants and contracts to give due regard to the training of individuals with handicaps as part of the effort to increase the number of qualified personnel available to provide rehabilitation services. Authorizes the Commissioner to provide technical assistance to State rehabilitation agencies and facilities. Sets the pay rate for experts hired by contract to provide such assistance. Allows an exception from a four-year limitation on individual study under a training grant in cases where the individual has a handicap which seriously affects the completion of training. Sets forth requirements for scholarships using funds from a grant for training personnel involved in providing rehabilitation services. Includes rehabilitation engineering among the areas that may be targeted for such grants. Authorizes the Commissioner to make grants for special demonstration projects operating programs to meet the needs of isolated populations of handicapped individuals, particularly among American Indians. Sets forth provisions relating to "supported employment" (competitive work in integrated work settings for individuals with severe handicaps who need intensive, on-going, post-employment support services to perform such work). Authorizes the Commissioner to make supported employment demonstration grants. Directs the Commissioner, on June 1, 1988, and annually thereafter, to report to the Congress on activities funded under such grants. Allows supported employment to be paid for: (1) by States from their allotments under the Act for vocational rehabilitation services for training and traditional short-term post-employment services; (2) under provisions for special Federal responsibilities under the Act; (3) by Federal funds from other programs; and (4) by non-Federal sources. Adds studies, analyses, and other activities related to supported employment to the list of research topics for which grants may be awarded. Includes supported employment under provisions for vocational training services. Includes specialized personnel in providing employment training for supported employment under provisions for personnel training grants. Directs the National Council on the Handicapped to develop a system of national information and data collection on individuals with handicaps, including data on health, housing, employment, insurance, transportation, recreation, and education, and information on the current status and trends in the status of individuals with handicaps. Directs the Council: (1) by January 1, 1988, to submit to specified congressional committees a plan for development and implementation of such system; and (2) on February 1, 1989, and biennially thereafter, report to the President and the Congress on the status of individuals with handicaps and changes in their status from previous years. Title V: Architectural and Transportation Barriers Compliance Board - Requires the Chairperson and vice-chairperson of the Architectural and Transportation Barriers Compliance Board to be elected by a majority vote of the Board members. Requires that a Federal official and a member of the general public annually alternate in the respective positions of Chairperson and vice-chairperson. Requires 12 (currently 11) Board members to be appointed by the President from among members of the general public. Increases from five to six the number of members who are individuals with handicaps. Authorizes a member of the Board whose term has expired to continue to serve until a successor has been appointed. Requires the Board to establish bylaws which include specified quorum requirements. Authorizes appropriations for the Board for FY 1987 through 1991. Includes the Assistant Secretary of the Interior for Indian Affairs on the Interagency Coordinating Council established by the Act. Title VI: Employment Opportunities for Individuals with Handicaps - Requires the Secretary to provide equitable distribution of assistance for grants for employment opportunities for handicapped individuals, taking into account the needs of underserved States and the needs of Indian tribes. Provides for including consideration of the individuals living on Indian reservations in apportioning such funds. Authorizes appropriations for FY 1987 through 1991 for community services employment pilot programs for individuals with handicaps. Revises provisions for projects with industry to provide for: (1) an annual review of project evaluation reports; and (2) a five-year maximum funding cycle (with opportunity for renewal for an additional five years). Authorizes appropriations for FY 1987 through 1991 for: (1) projects with industry; and (2) business opportunities for individuals with handicaps. Title VII: Comprehensive Services for Independent Living - Authorizes appropriations for FY 1987 through 1991 for: (1) comprehensive services for independent living for handicapped individuals; (2) independent living centers; (3) independent living services for older blind individuals; and (4) projects to protect and advocate the rights of severely handicapped individuals. Title VIII: Technical and Conforming Amendments to the Act - Makes technical and conforming amendments with respect to gender neutral terminology in the Act. Title IX: Amendments to Other Laws - Amends the Helen Keller National Center Act to authorize appropriations for such Act for FY 1987 through 1989. Amends specified Federal law to authorize appropriations for FY 1987 through 1991 for the President's Committee on Employment of the Handicapped. Provides that such Committee shall be guided by the general policies of the National Council on the Handicapped. Title X: Effective Dates - Sets effective dates for the provisions of this Act.

48 Conference report filed in House Apr 3, 2004

(Conference report filed in House, H. Rept. 99-955) Rehabilitation Act Amendments of 1986 - Amends the Rehabilitation Act of 1973 (the Act) to revise and extend provisions under the Act. Title I: Amendments to the General Provisions - Amends the Rehabilitation Act of 1973 (the Act) to direct the Secretary of Education (the Secretary) to ensure that the Rehabilitation Services Administration staff shall: (1) be in sufficient numbers to meet program needs and at levels to attract and maintain the most qualified personnel; and (2) include individuals with training experience in rehabilitation services and with competencies which meet professional standards. Requires that the Commissioner of the Rehabilitation Services Administration (the Commissioner) have substantial experience in rehabilitation and rehabilitation program management. Revises the formula for the Federal share under the Act. Revises the definitions of "evaluation of rehabilitation potential" and "severe handicap." Adds defintions of "employability," "rehabilitation engineering," and "supported employment." Replaces the phrase "handicapped individual" with the phrase "individual with handicaps." Redefines "individual with severe handicaps." Includes Indian tribal organizations under the term "public or nonprofit agency or organization." Authorizes the Commissioner to: (1) provide monitoring and conduct evaluations; and (2) appoint necessary task forces. Requires that the Commissioner's reports to the President and the Congress include statistical data on the activities and staffing of a certain information clearinghouse. Requires that the annual report include an evaluation of the status of individuals with severe handicaps participating in programs under this Act. Requires that the Secretary's annually published summaries of program and project evaluations include the standards used for such evaluations. Revises provisions for program and project evaluation to: (1) require the use of appropriate methodology and evaluative research designs; and (2) give the Commissioner, rather than the Secretary, responsibility for carrying out such evaluations. Permits up to one-half of one percent of funds appropriated for discretionary grants, contracts, or cooperative agreements under the Act to be used to provide non-Federal panels of experts to review applications for such grants, contracts, or cooperative agreements. Requires that the application of any State rule or policy relating to the administration and operation of programs funded by the Act (including rules or policies based on State interpretations of Federal requirements) be identified as a State-imposed requirement. Adds provisions for review of grant or contract applications. Title II: Vocational Rehabilitation Services - Extends through FY 1991 the authorization of appropriations for grants to States (and Indian tribes) for provision of vocational rehabilitation services and for innovation and expansion of such services. Revises requirements for State plans for vocational rehabilitation services. Requires such plans to: (1) include the results of a comprehensive, State-wide assessment of the rehabilitation needs of all individuals with severe handicaps residing within the State and the State's response to the assessment; (2) describe the manner in which rehabilitation engineering services will be used to provide aid to individuals with the most severe handicaps; (3) contain provisions relating to the standards governing the qualified personnel used in the provision of vocational rehabilitation services; (4) provide for other services as are specified after a determination that comparable services and benefits are not available under any other program; (5) provide for cooperative agreements with community mental health programs; (6) provide that the State shall consult with Indian tribal organizations and native Hawaiian organizations in the development of such plans; (7) provide for public meetings and comments on the State plan; (8) contain plans, policies, and methods to be followed to assist in the transition from education to employment related activities; (9) provide for conducting a full needs assessment for serving individuals with severe handicaps; and (10) provide satisfactory assurances that the State has an acceptable plan for supported employment services for severely handicapped individuals. Revises provisions for individualized written rehabilitation programs. Requires each such program to: (1) be developed to achieve the vocational objective of the individual; (2) include, where appropriate, a statement of the specific rehabilitation engineering services to be provided; (3) include an assessment of the expected need for post-employment services; and (4) provide for a reassessment of the need for post-employment services prior to case closure and a statement, where appropriate for severely handicapped individuals, of how such services will be provided. Requires that the procedures for review of a decision by a rehabilitation counselor or coordinator on an individualized written rehabilitation program shall provide an opportunity for the submission of additional evidence and information. Requires the grounds for the decision to be included in the final decision. Requires a copy of the decision to be provided to the affected individuals. Authorizes State fair hearing boards to review certain determinations under the Act under specified conditions. Changes the scope of vocational rehabilitation services that must be provided under the Act to include: (1) evaluations of rehabilitation potential by personnel skilled in rehabilitation technology, where appropriate; (2) "specific" (rather than "other") postemployment services necessary to assist handicapped individuals to maintain their employment; and (3) rehabilitation engineering services designed to assist severely handicapped individuals to increase their functional abilities and potential for self-sufficiency. Extends the method for determining the non-Federal share for construction of a rehabilitation facility to Indian tribal organization programs. Sets certain time limits on the reallocation of State allotments. Requires that at least one quarter of one percent but not more than one percent of the basic State grant be reserved for American Indian vocational rehabilitation services. Revises provisions for payments to States and maintenance of effort by States. Reduces the amount which a State is eligible to receive for vocational rehabilitation services by any amount by which non-Federal expenditures under the State plan are less than the average of the total of such expenditures for the three preceding fiscal years. Authorizes the Commissioner to waive or modify such maintenance of effort requirements when exceptional or uncontrollable circumstances affect a State. Revises provisions for the client assistance program. Permits the Governor of a State to remove an agency designated as a client assistance agency only for good cause. Authorizes the Commissioner to increase minimum allotments under the client assistance program under specified circumstances. Directs the Secretary to pay to a client assistance agency a specified amount. Authorizes appropriations for vocational rehabilitation assistance for FY 1987 through 1991. Extends the duration of the program of grants to States for such assistance through FY 1991. Provides that the non-Federal share of costs for American Indian vocational rehabilitation services grants may be in cash or in kind. Authorizes the Commissioner to waive the non-Federal share requirement. Changes the requirements for a State's application for a grant for American Indian vocational rehabilitation programs. Requires such application to include assurances that the services provided may include services traditionally used by the tribal organization. Limits the duration of the application's effectiveness to 36 months. Requires the Secretary to give priority consideration to applications for the continuation of programs that have been funded in the past. Deletes the provision that sets forth the method of computing a State allotment for vocational rehabilitation services based upon the number of Indians living on a reservation in the State. Directs the Secretary to: (1) conduct a study on the special problems and needs of American Indians with handicaps both on and off the reservation (including an evaluation of the nature and extent of cooperative efforts between programs under this Act); and (2) submit the results of such study to the President and the appropriate committees of the Congress within 12 months of enactment of this Act. Title III: Research and Training - Authorizes appropriations for FY 1987 through 1991 for the National Institute of Handicapped Research (the Institute) and for research grants for methods and devices to assist in the provision of vocational and rehabilitation services for handicapped individuals. Redesignates the National Institute of Handicapped Research as the National Research Institute on Disability and Rehabilitation. Requires the Director of the Institute (the Director) to disseminate research information to tribal rehabilitation research or service agencies. Requires the Director, in conjunction with the Bureau of Indian Affairs and the Indian Health Service as well as other agencies, to produce and disseminate reports on the demographic characteristics of handicapped individuals. Adds provisions specifying the purpose and functions of the Pacific Basin Research and Training Center. Requires the Director to establish at a higher education institution a center for research and training on the delivery of rehabilitation services to rural areas. Requires the Director to make grants to higher education institutions to train researchers in the field of rehabilitation of individuals with handicaps. Requires the Director to submit to the Congress, within one year of enactment of this Act, policy recommendations for the establishment by the Congress of an agency designed to ensure: (1) the development and cost-effective production and marketing of technological devices; and (2) the efficient distribution of such technology to individuals with disabilities. Requires the Director to: (1) study health insurance practices and policies which affect individuals with handicaps; and (2) report on such study to the appropriate congressional committees by February 1, 1990. Includes the Director of the National Institute of Mental Health, the Assistant Secretary of the Interior for Indian Affairs, and the Director of the Indian Health Service on the Interagency Committee on Handicapped Research. Includes among research projects which may receive funding: (1) studies and analyses of recreational factors affecting rehabilitation of handicapped individuals; and (2) studies, analyses, and other activities related to supported employment. Requires that peer review of all applications for renewal of Rehabilitation Research and Training Center grants take into account past performance of the applicant. Prohibits the host institution with which the Rehabilitation Research and Training Center is affiliated from collecting more than 15 percent in indirect cost charges. Adds to the functions of Rehabilitation Engineering Research Centers the demonstration and dissemination of innovative models for the delivery of cost-effective rehabilitation engineering services to meet the needs of, and address barriers confronted by, individuals with handicaps. Requires that at least two such Centers be established in FY 1987, one in South Carolina and one in Connecticut. Includes the National Institute of Mental Health among agencies to be in joint projects involving rehabilitation. Provides that Federal grants for specialized rehabilitation research may include grants to: (1) Indian tribes and tribal organizations for rehabilitation research; (2) rehabilitation research programs for handicapped Indian Americans age 55 (currently 60) and older; (3) model research and demonstration programs providing, among other services, psychological services for preschool age handicapped children and their parents; and (4) studies of the rehabilitation needs of American Indians and methods of delivering such services. Authorizes grants for demonstration projects to provide incentive for the development, manufacturing, and marketing of orphan technological devices designed to enable individuals with handicaps to achieve independence and accessibility to gainful employment. Authorizes the Director to arrange for site visits in evaluating research demonstration and related projects. Requires site visits as part of the peer review for research grants exceeding a specified amount. Title IV: Supplementary Services and Facilities - Authorizes appropriations for FY 1987 through 1991 for: (1) grants for construction of rehabilitation facilities, staffing, and planning assistance; (2) vocational training services for handicapped individuals; (3) training for personnel involved in providing rehabilitation services for handicapped individuals; (4) comprehensive rehabilitation centers; (5) special projects and supplementary services; (6) special demonstration programs; and (7) special recreational programs. Includes, under provisions for personnel training grants and contracts, personnel specifically trained to identify, assess, and meet the individual rehabilitation needs of individuals with severe handicaps. Requires recipients of such grants and contracts to give due regard to the training of individuals with handicaps as part of the effort to increase the number of qualified personnel available to provide rehabilitation services. Includes among the areas to which personnel training funds may be targeted: (1) rehabilitation engineering; (2) rehabilitation dentistry; (3) physical education; (4) therapeutic recreation; (5) specialized personnel in providing employment training for supported employment; and (6) other specialized personnel for those individuals who meet the definition of severely handicapped. Allows an exception for a four-year limitation on individual study under a training grant in cases where the individual has a handicap which seriously affects the completion of training. Sets forth requirements for scholarships using funds from a grant for training personnel involved in providing rehabilitation services. Authorizes the Commissioner to provide technical assistance to State rehabilitation agencies and facilities. Sets the pay rate for experts hired by contract to provide such assistance. Authorizes the Commissioner to make grants for special demonstration projects operating programs to meet the needs of isolated populations of handicapped individuals, particularly among American Indians. Sets forth provisions relating to "supported employment" (competitve work in integrated work settings for individuals with severe handicaps who need intensive, on-going, post-employment support services to perform such work). Authorizes the Commissioner to make supported employment demonstration grants. Directs the Commissioner, on June 1, 1988, and annually thereafter, to report to the Congress on activities funded under such grants. Directs the Commissioner to make grants to develop, expand, and disseminate model statewide transitional planning services to severely handicapped youth. Requires that some of such grants be made to public agencies: (1) in a predominantly urban State in New England, for an existing program; (2) in a predominantly rural western State; and (3) in a predominantly rural southwestern State. Revises provisions for special recreational programs. Allows grants for such programs to be made to nonprofit private organizations. Includes among authorized program activities leisure education, leisure networking, leisure resource development, physical education, and sports. Requires that, whenever possible and appropriate, such programs and activities be: (1) provided in settings with nonhandicapped peers; and (2) designed to demonstrate ways of assisting in maximizing the independence and community integration of individuals with handicaps. Requires that each such grant be for a minimum three-year period. Title V: National Council on the Handicapped - Revises the purpose and duties of the National Council on the Handicapped (the Council). Directs the Council to review and evaluate all statutes pertaining to Federal programs which assisted handicapped individuals and persons with disabilities. Directs the Council to assess the extent to which certain policies, programs, and activities provide incentives or disincentives to the establishment of community-based services for handicapped individuals, promote the full integration of such individuals in the community, in schools, and in the workplace, and contribute to the independence and dignity of such individuals. Directs the Council, by January 30, 1988, and annually thereafter, to report to the President and the Congress on progress made in implementing the recommendation in the Council's 1986 report. Authorizes appropriations for the Council for FY 1987 through 1991. Title VI: Architectural and Transportation Barriers Compliance Board - Requires the Chairperson and vice-chairperson of the Architectural and Transportation Barriers Compliance Board to be elected by a majority vote of the Board members. Requires that a Federal official and a member of the general public annually alternate in the respective positions of Chairperson and vice-chairperson. Requires 12 (currently 11) Board members to be appointed by the President from among members of the general public. Increases from five to six the number of members who are individuals with handicaps. Authorizes a member of the Board whose term has expired to continue to serve until a successor has been appointed. Requires the Board to establish bylaws which include specified quorum requirements. Directs the Board to submit by February 1, 1988, additional reports on activities in the fields of: (1) transportation barriers of handicapped individuals; and (2) housing needs of handicapped individuals. Authorizes appropriations for the Board for FY 1987 through 1991. Includes the Assistant Secretary of the Interior for Indian Affairs on the Interagency Coordinating Council established by the Act. Directs the Secretary, through the National Institute on Disability and Rehabilitation Research and in consultation with the electronics industry, to develop and establish guidelines for electronic equipment accessibility designed to insure that handicapped individuals may use electronic office equipment with or without peripherals. Requires initial guidelines to be established by October 1, 1987, and continually revised as technologies advance or change. Directs the Administrator of the General Services Administration, beginning after September 30, 1988, to adopt such guidelines for Federal procurement of electronic equipment. Title VII: Employment Opportunities for Individuals with Handicaps - Requires the Secretary to provide equitable distribution of assistance for grants for employment opportunities for handicapped individuals, taking into account the needs of underserved States and the needs of Indian tribes. Provides for including consideration of the individuals living on Indian reservations in apportioning such funds. Authorizes appropriations for FY 1987 through 1991 for community services employment pilot programs for individuals with handicaps. Revises provisions for projects with industry to provide for: (1) an annual review of project evaluation reports; and (2) a five-year maximum funding cycle (with opportunity for renewal for an additional five years). Authorizes appropriations for FY 1987 through 1991 for: (1) projects with industry; and (2) business opportunities for individuals with handicaps. Establishes a new part C of title VI of the Act: Supported Employment Services for Severely Handicapped Individuals. Authorizes grants under such part C to assist States in developing collaborative programs with appropriate public agencies and private nonprofit organizations for training and short-term post-employment services leading to supported employment for severely handicapped individuals. Sets forth provisions relating to: (1) eligibility; (2) State allotments; (3) State plans; and (4) availability and comparability of services. Authorizes appropriations for such services for FY 1987 through 1991. Title VIII: Services for Independent Living - Revises provisions for comprehensive services for independent living. Requires State plans to provide assurances that the State will consider recommendations of the State Independent Living Council in determining how independent living services will be expanded or modified. Requires each State receiving such assistance to establish a State Independent Living Council. Sets forth the duties of, and membership guidelines for, such councils. Requires each Center for Independent Living to have a board which is composed of a majority of handicapped individuals. Includes recreation among the services offered by such centers. Shortens the deadline for State applications for assistance for such centers. Provides for evaluation and review of grants for such centers. Authorizes appropriations for FY 1987 through 1991 for the following provisions under title VII (Comprehensive Services for Independent Living) of the Act: (1) comprehensive services; (2) centers for independent living; (3) independent living services for older blind individuals; and (4) general provisions (protection and advocacy of individual rights and employment of handicapped individuals). Title IX: Amendments to Other Laws - Amends the Helen Keller National Center Act to authorize appropriations for such Act for FY 1987 through 1990. Amends specified Federal law to authorize appropriations for FY 1987 through 1991 for the President's Committee on Employment of the Handicapped. Provides that such Committee shall be guided by the general policies of the National Council on the Handicapped. Title X: Technical and Conforming Amendments to the Act - Makes technical and conforming amendments with respect to gender neutral terminology in the Act. Declares that States shall not be immune from suit in Federal court for violations of any Federal statute prohibiting discrimination by recipients of Federal financial assistance, and that remedies in such suits shall be available to the same extent as in suits against public or private entities other than States. Directs the Secretary to conduct an assessment of the direct and indirect cost rates charged to State agencies designated to administer or supervise the administration of the State plan under the Rehabilitation Act of 1973 by other State agencies. Directs the Secretary to report on such assessment to the Congress by February 1, 1987. Sets forth a special rule relating to maintenance of effort under the Education of the Handicapped Act.

35 Passed Senate amended Apr 3, 2004

(Measure passed Senate, amended, in lieu of S. 2515) Rehabilitation Act Amendments of 1986 - Title I: General Provisions Amendments - Amends the Rehabilitation Act of 1973 (the Act) to direct the Secretary of Education (the Secretary) to ensure that the Rehabilitation Services Administration staff shall: (1) be in sufficient numbers to meet program needs and at levels to attract and maintain the most qualified personnel; and (2) include individuals with training experience in rehabilitation services and with competencies which meet professional standards. Revises the definitions of "evaluation of rehabilitation potential" and "severe handicap." Adds definitions of "employability," "rehabilitation engineering," and "supported employment." Authorizes the Commissioner of Rehabilitative Services (the Commissioner) to: (1) provide monitoring and conduct evaluations; and (2) appoint necessary task forces. Revises provisions for program and project evaluation to: (1) require the use of appropriate methodology and evaluative research designs; and (2) give the Commissioner, rather than the Secretary, responsibility for carrying out such evaluations. Permits up to one-half of one percent of funds appropriated for discretionary grants, contracts, or cooperative agreements under the Act to be used to provide non-Federal panels of experts to review applications for such grants, contracts, or cooperative agreements. Adds provisions for review of grant or contract applications. Title II: Vocational Rehabilitation Services - Extends through FY 1990 the authorization of appropriations for grants to States (and Indian tribes) for provision of vocational rehabilitation services and for innovation and expansion of such services. Revises requirements for State plans for vocational rehabilitation services. Requires such plans to: (1) include the results of a comprehensive, State-wide assessment of the rehabilitation needs of all individuals with severe handicaps residing within the State and the State's response to the assessment; (2) describe how rehabilitation engineering services will be provided to assist an increasing number of individuals with handicaps; (3) provide for cooperative agreements with mental health community support programs; (4) provide for conducting a full needs assessment for serving individuals with severe handicaps; and (5) provide satisfactory assurances that the State has an acceptable plan for supported employment services for severely handicapped individuals. Revises provisions for individualized written rehabilitation program. Requires each such program to: (1) be developed to achieve the vocational objective of the individual; (2) include, where appropriate, a statement of the specific rehabilitation engineering services to be provided; (3) include an assessment of the expected need for post-employment services; and (4) provide for a reassessment of the need for post-employment services prior to case closure and a statement, where appropriate for severely handicapped individuals, of how such services will be provided. Revises provisions for review of determinations. Changes the scope of vocational rehabilitation services that must be provided under the Act to include rehabilitation engineering services. Revises provisions for the client assistance program. Permits the Governor of a State to remove an agency designated as a client assistance agency only for good cause and after notice. Authorizes the Commissioner to increase minimum allotments under the client assistance program under specified circumstances. Directs the Secretary to pay a client assistance agency a specified amount. Authorizes appropriations for FY 1987 through FY 1990 for the client assistance program. Title III: Research and Training - Authorizes appropriations for FY 1987 through FY 1990 for the National Institute of Handicapped Research (the Institute) and for research grants for methods and devices to assist in the provision of vocational and rehabilitation services for handicapped individuals. Adds provisions specifying the purpose and functions of the Pacific Basin Research and Training Center. Includes the Director of the National Institute of Mental Health on the Interagency Committee on Handicapped Research. Includes among research projects which may receive funding: (1) studies and analyses of recreational factors affecting rehabilitation of handicapped individuals; and (2) studies, analyses, and other activities related to supported employment. Requires that peer review of all applications for renewal of Rehabilitation Research and Training Center grants take into account past performance of the applicant. Prohibits the host institution with which the Rehabilitation Research and Training Center is affiliated from collecting more than 15 percent in indirect cost charges. Adds to the functions of Rehabilitation Engineering Research Centers the demonstration and dissemination of innovative models for the delivery of cost-effective rehabilitation engineering services to meet the needs of, and address barriers confronted by, individuals with handicaps. Requires that at least two such Centers be established in FY 1987, one in South Carolina and one in Connecticut. Includes the National Institute of Mental Health among agencies to be in joint projects involving rehabilitation. Authorizes grants for demonstration projects to provide incentive for the development, manufacturing, and marketing of orphan technological devices designed to enable individuals with handicaps to achieve independence and accessibility to gainful employment. Authorizes the Director of the National Institute of Handicapped Research to arrange for site visits in evaluating research demonstration and related projects. Requires site visits as part of the peer review for research grants exceeding a specified amount. Title IV: Supplementary Services and Facilities - Authorizes appropriations for FY 1987 through 1990 for: (1) grants for construction of rehabilitation facilities, staffing, and planning assistance; (2) vocational training services for handicapped individuals; (3) training for personnel involved in providing rehabilitation services for handicapped individuals; (4) comprehensive rehabilitation centers; (5) special projects and supplementary services; and (6) special recreational programs. Includes, under provisions for personnel training grants and contracts, personnel specifically trained to identify, assess, and meet the individual rehabilitation needs of individuals with severe handicaps. Includes among the areas to which personnel training funds may be targeted: (1) rehabilitation engineering; (2) rehabilitation dentistry; (3) physical education; (4) therapeutic recreation; (5) specialized personnel in providing employment training for supported employment; and (6) other specialized personnel for those individuals who meet the definition of severely handicapped. Adds new provisions under provisions for special demonstration programs. Authorizes grants for developing special projects and demonstrations providing supported employment (at least one nationwide in scope), and grants for technical assistance to States in implementing new provisions for supported employment services for severely handicapped individuals. Directs the Commissioner to report annually to the Congress on such grants. Authorizes appropriations for FY 1987 through 1990 for such grants. Directs the Commissioner to make grants to develop, expand, and disseminate model statewide transitional planning services to severely handicapped youth. Requires that some of such grants be made to public agencies: (1) in a predominantly urban State in New England, for an existing program; (2) in a predominantly rural western State; and (3) in a predominantly rural southwestern State. Authorizes appropriations for FY 1987 through 1990 for such grants. Revises provisions for special recreational programs. Allows grants for such programs to be made to nonprofit private organizations. Includes among authorized program activities leisure education, leisure networking, leisure resource development, physical education, and sports. Requires that, whenever possible and appropriate, such program and activities be: (1) provided in settings with nonhandicapped peers; and (2) designed to demonstrate ways of assisting in maximizing the independence and community integration of individuals with handicaps. Requires that each such grant be for a minimum three-year period. Title V: National Council on the Handicapped - Revises the purpose and duties of the National Council on the Handicapped (the Council). Directs the Council to review and evaluate all statutes pertaining to Federal programs which assisted handicapped individuals and persons with disabilities. Directs the Council to assess the extent to which certain policies, programs, and activities provide incentives or disincentives to the establishment of community-based services for handicapped individuals, promote the full integration of such individuals in the community, in schools, and in the workplace, and contribute to the independence and dignity of such individuals. Directs the Council to: (1) examine data on the circumstances of disabled citizens with respect to employment, income, housing, community living, education, discrimination, health services, and participation in community activities; (2) establish goals for individuals with handicaps to be reached by the year 2000 in each of those areas, and recommend strategies to meet such goals; (3) issue a report on such goals and strategies within six months after enactment of this Act; and (4) issue an annual report, beginning on January 30, 1989, to the President and the Congress outlining national progress in meeting such goals. Authorizes appropriations for the Council for FY 1987 through 1990. Title VI: Architectural and Transportation Barriers Compliance Board Reauthorization - Extends the authorization of appropriations for the Architectural and Transportation Compliance Board (the Board) through FY 1990. Directs the Board to submit by February 1, 1988, additional reports on activities in the fields of: (1) transportation barriers of handicapped individuals; and (2) housing needs of handicapped individuals. Directs the Secretary, through the National Institute of Handicapped Research and in consultation with the electronics industry, to develop and establish guidelines for electronic equipment accessibility designed to insure that handicapped individuals may use electronic office equipment with or without peripherals. Requires initial guidelines to be established by October 1, 1987, and continually revised as technologies advance or change. Directs the Administrator of the General Services Administration, beginning after September 30, 1988, to adopt such guidelines for Federal procurement of electronic equipment. Title VII: Projects with Industry and Business Opportunies for Handicapped Individuals - Authorizes appropriations for FY 1987 through 1990 for community services employment pilot programs for individuals with handicaps. Revises the purpose and scope of projects with industry. Requires such projects to create and expand job opportunities for individuals with handicaps by providing for the establishment of appropriate job placement services. Provides for evaluation reports and technical assistance for such projects. Provides for business advisory councils. Authorizes appropriations for FY 1987 through 1990 for projects with industry. Establishes a new part C of title VI of the Act: Supported Employment Services for Severely Handicapped Individuals. Authorizes grants under such part C to assist States in developing collaborative programs with appropriate public agencies and private nonprofit organizations for training and short-term post-employment services leading to supported employment for severely handicapped individuals. Sets forth provisions relating to: (1) eligibility; (2) State allotments; (3) State plans; and (4) availability and comparability of services. Authorizes appropriations for such services for FY 1987 through 1990. Title VIII: Services for Independent Living - Revises provisions for comprehensive services for independent living. Requires State plans to provide assurances that the State will consider recommendations of the State Independent Living Council in determining how independent living services will be expanded or modified. Requires each State receiving such assistance to establish a State Independent Living Council. Sets forth the duties of, and membership guidelines for, such councils. Requires each Center for Independent Living to have a board which is composed of a majority of handicapped individuals. Includes recreation among the services offered by such centers. Shortens the deadline for State applications for assistance for such centers. Provides for evaluation and review of grants for such centers. Authorizes appropriations for FY 1987 through 1990 for the following provisions under title VII (Comprehensive Services for Independent Living) of the Act: (1) comprehensive services; (2) centers for independent living; (3) independent living services for older blind individuals; and (4) general provisions (protection and advocacy of individual rights and employment of handicapped individuals). Title IX: Helen Keller National Center - Amends the Helen Keller National Center Act to authorize appropriations for FY 1987 through 1990 to carry out such Act. Title X: Technical Amendments and Miscellaneous Provisions - Makes technical amendments to the Act. Requires that the President's Committee on Employment of the Handicapped be guided by the general policies of the National Council on the Handicapped. Declares that States shall not be immune from suit in Federal court for violations of any Federal statute prohibiting discrimination by recipients of Federal financial assistance, and that remedies in such suits shall be available to the same extent as in suits against public or private entities other than States. Sets forth a special rule relating to maintenance of effort under the Education of the Hadicapped Act.

36 Passed House amended Apr 3, 2004

(Measure passed House, amended, roll call #111 (401-0)) Rehabilitation Act Amendments of 1986 - Amends the Rehabilitation Act of 1973 (the Act) to revise and extend provisions under the Act. Title I: Amendments to the General Provisions - Provides that the Commissioner of the Rehabilitation Services Administration (the Commissioner) shall be appointed by the Secretary of Education (the Secretary). (Current law provides for appointment by the President by and with the advice and consent of the Senate.) Requires the Commissioner to report directly to the Assistant Secretary for Special Education and Rehabilitation Services. Requires that the position of the Commissioner be a Senior Executive Service position and receive GS-18 level compensation. Requires that the Commissioner have substantial experience in rehabilitation and rehabilitation program management. Lowers the Federal share for specified purposes under the Act from 80 to 75 percent, effective October 1, 1988. Replaces the phrase "handicapped individual" with the phrase "individual with handicaps." Revises the definition of "local agency" to eliminate a requirement that such agencies have certain agreements with designated State agencies. Redefines "individual with severe handicaps." Includes Indian tribal organizations under the term "public or nonprofit agency or organization." Requires that the Commissioner's reports to the President and the Congress include statistical data on the activities and staffing of a certain information clearinghouse. Requires that the annual report include an evaluation of the status of individuals with severe handicaps participating in programs under this Act. Requires that the Secretary's annually published summaries of program and project evaluations include the standards used for such evaluations. Requires that the application of any State rule or policy relating to the administration and operation of programs funded by the Act (including rules or policies based on State interpretations of Federal requirements) be identified as a State-imposed requirement. Directs the Secretary to: (1) conduct an assessment of the indirect cost rates charged to State agencies designated to administer or supervise the administration of the State plan under the Act by other State agencies; and (2) report, with recommendations, on such assessment to the Congress by February 1, 1987. Title II: Vocational Rehabilitation Services - Extends through FY 1991 the authorization of appropriations for grants to States (and Indian tribes) for provision of vocational rehabilitation services and for innovation and expansion of such services. Eliminates provisions for automatic extensions of such State grant program authorization or duration. Revises requirements for State plans for vocational rehabilitation services. Requires such plans to: (1) include the results of a comprehensive, State-wide assessment of the rehabilitation needs of all individuals with severe handicaps residing within the State and the State's response to the assessment; (2) describe the manner in which rehabilitation engineering services will be used to provide aid to individuals with the most severe handicaps; (3) contain provisions relating to the standards governing the qualified personnel used in the provision of vocational rehabilitation services; (4) provide for other services as are specified after a determination that comparable services and benefits are not available under any other program; (5) provide for cooperative agreements with community mental health programs; (6) provide that the State shall consult with Indian tribal organizations and native Hawaiian organizations in the development of such plans; (7) provide for public meetings and comments on the State plan; and (8) contain plans, policies, and methods to be followed to assist in the transition from education to employment related activities. Requires that a statement of individual rehabilitation goals be based on an evaluation of rehabilitation potential. Requires that the procedures for review of a decision by a rehabilitation counselor or coordinator on an individualized written rehabilitation program shall provide an opportunity for the submission of additional evidence and information. Requires the grounds for the decision to be included in the final decision. Requires a copy of the decision to be provided to the affected individuals. Authorizes State fair hearing boards to review certain determinations under the Act under specified conditions. Changes the scope of vocational rehabilitation services that must be provided under the Act to include: (1) evaluations of rehabilitation potential by personnel skilled in rehabilitation technology, where appropriate; (2) "specific" (rather than "other") postemployment services necessary to assist handicapped individuals to maintain their employment; and (3) rehabilitation engineering services designed to assist severely handicapped individuals increase their functional abilities and potential for self-sufficiency. Extends the method for determining the non-Federal share for construction of a rehabilitation facility to Indian tribal organization programs. Sets certain time limits on the reallocation of State allotments. Requires that at least one quarter of one percent but not more than one percent of the basic State grant be reserved for American Indian vocational rehabilitation services. Revises provisions for payments to States and maintenance of effort by States. Reduces the amount which a State is eligible to receive for vocational rehabilitation services by any amount by which non-Federal expenditures under the State plan are less than the average of the total of such expenditures for the three preceding fiscal years. Authorizes the Commissioner to waive or modify such maintenance of effort requirements when exceptional or uncontrollable circumstances affect a State. Permits the Governor of a State to remove an agency designated as a client assistance agency only for good cause. Authorizes the Commissioner to increase minimum allotments under the client assistance program under specified circumstances. Directs the Secretary to pay a client assistance agency a specified amount. Authorizes appropriations for vocational rehabilitation assistance for FY 1987 through 1991. Extends the duration of the program of grants to States for such assistance through FY 1991. Provides that the non-Federal share of costs for American Indian vocational rehabilitation services grants may be in cash or in kind. Authorizes the Commissioner to waive the non-Federal share requirement. Changes the requirements for a State's application for a grant for American Indian vocational rehabilitation programs. Requires such application to include assurances that the services provided may include services traditionally used by the tribal organization. Limits the duration of the application's effectiveness to 36 months. Requires the Secretary to give priority consideration to applications for the continuation of programs that have been funded in the past. Deletes the provision that sets forth the method of computing a State allotment for vocational rehabilitation services based upon the number of Indians living on a reservation in the State. Requires the evaluation of the American Indian vocational rehabilitation programs to include an evaluation of the nature and extent of cooperative efforts between such programs and other vocational rehabilitation programs under the Act. Directs the Secretary to conduct a study on the special problems and needs of American Indians with handicaps both on and off the reservation and to submit the results of such study to the President and the appropriate committees of the Congress within 12 months of enactment of this Act. Title III: Research and Training - Authorizes appropriations for FY 1987 through 1991 for the National Institute of Handicapped Research (the Institute) and for research grants for methods and devices to assist in the provision of vocational and rehabilitation services for handicapped individuals. Redesignates the National Institute of Handicapped Research as the National Research Institute on Disability and Rehabilitation. Requires the Director of the Institute (the Director) to disseminate research information to tribal rehabilitation research or service agencies. Requires the Director, in conjunction with the Bureau of Indian Affairs and the Indian Health Service as well as other agencies, to produce and disseminate reports on the demographic characteristics of handicapped individuals. Provides that the Director shall be appointed by the Secretary and shall report to the Assistant Secretary for Special Education and Rehabilitation Services. (Current law provides for appointment by the President by and with the advice and consent of the Senate.) Changes the pay rate for the Director. Requires the Director to have had substantial experience in rehabilitation and in research administration. Requires the Director to establish at a higher education institution a center for research and training on the delivery of rehabilitation services to rural areas. Requires the Director to make grants to higher education institutions to train researchers in the field of rehabilitation of individuals with handicaps. Requires the Director to submit to the Congress, within one year of enactment of this Act, policy recommendations for the establishment by the Congress of an agency designed to ensure: (1) the development and cost-effective production and marketing of technological devices; and (2) the efficient distribution of such technology to individuals with disabilities. Requires the Director to: (1) study health insurance practices and policies which affect individuals with handicaps; and (2) report on such study to the appropriate congressional committees by February 1, 1990. Includes the Assistant Secretary of the Interior for Indian Affairs and the Director of the Indian Health Service on the Interagency Committee on Handicapped Research. Provides that Federal grants for specialized rehabilitation research may include grants to: (1) Indian tribes and tribal organizations for rehabilitation research; (2) Rehabilitation Research and Training Centers, including consideration of rural issues as appropriate; (3) Rehabilitation Engineering Research Centers for innovative models for the delivery of cost-effective rehabilitation engineering services that promote use of engineering and other research to help meet the needs of the severely disabled; (4) rehabilitation research programs for handicapped Indian Americans age 55 (currently 60) and older; (5) model research and demonstration programs providing, among other services, psychological services for preschool age handicapped children and their parents; and (6) studies of the rehabilitation needs of American Indians and methods of delivering such services. Provides that each Rehabilitation Research and Training Center shall receive a grant of at least $400,000 for each fiscal year (except Centers which have received grants before the enactment of this Act). Prohibits the awarding of any grant exceeding such amount unless peer review includes consideration of past performance. Requires Rehabilitation Engineering Research Centers to disseminate, as well as develop, innovative methods of applying advanced technology. Requires the Director, in awarding grants for spinal cord injuries and research, to take account of the location of any proposed Center and the appropriate geographic and regional allocation of such Centers. Title IV: Supplementary Services and Facilities - Authorizes appropriations for FY 1987 through 1991 for: (1) grants for construction of rehabilitation facilities, staffing, and planning assistance; (2) vocational training services for handicapped individuals; (3) training for personnel involved in providing rehabilitation services for handicapped individuals; (4) comprehensive rehabilitation centers; (5) special projects and supplementary services; and (6) special recreational programs. Includes, under provisions for personnel training grants and contracts, personnel specifically trained to identify, assess, and meet the individual rehabilitation needs of individuals with severe handicaps. Requires recipients of such grants and contracts to give due regard to the training of individuals with handicaps as part of the effort to increase the number of qualified personnel available to provide rehabilitation services. Authorizes the Commissioner to provide technical assistance to State rehabilitation agencies and facilities. Sets the pay rate for experts hired by contract to provide such assistance. Allows an exception from a four-year limitation on individual study under a training grant in cases where the individual has a handicap which seriously affects the completion of training. Sets forth requirements for scholarships using funds from a grant for training personnel involved in providing rehabilitation services. Includes rehabilitation engineering among the areas that may be targeted for such grants. Authorizes the Commissioner to make grants for special demonstration projects operating programs to meet the needs of isolated populations of handicapped individuals, particularly among American Indians. Sets forth provisions relating to "supported employment" (competitive work in integrated work settings for individuals with severe handicaps who need intensive, on-going, post-employment support services to perform such work). Authorizes the Commissioner to make supported employment demonstration grants. Directs the Commissioner, on June 1, 1988, and annually thereafter, to report to the Congress on activities funded under such grants. Allows supported employment to be paid for: (1) by States from their allotments under the Act for vocational rehabilitation services for training and traditional short-term post-employment services; (2) under provisions for special Federal responsibilities under the Act; (3) by Federal funds from other programs; and (4) by non-Federal sources. Adds studies, analyses, and other activities related to supported employment to the list of research topics for which grants may be awarded. Includes supported employment under provisions for vocational training services. Includes specialized personnel in providing employment training for supported employment under provisions for personnel training grants. Directs the National Council on the Handicapped to develop a system of national information and data collection on individuals with handicaps, including data on health, housing, employment, insurance, transportation, recreation, and education, and information on the current status and trends in the status of individuals with handicaps. Directs the Council: (1) by January 1, 1988, to submit to specified congressional committees a plan for development and implementation of such system; and (2) on February 1, 1989, and biennially thereafter, report to the President and the Congress on the status of individuals with handicaps and changes in their status from previous years. Title V: Architectural and Transportation Barriers Compliance Board - Requires the Chairperson and vice-chairperson of the Architectural and Transportation Barriers Compliance Board to be elected by a majority vote of the Board members. Requires that a Federal official and a member of the general public annually alternate in the respective positions of Chairperson and vice-chairperson. Requires 12 (currently 11) Board members to be appointed by the President from among members of the general public. Increases from five to six the number of members who are individuals with handicaps. Authorizes a member of the Board whose term has expired to continue to serve until a successor has been appointed. Requires the Board to establish bylaws which include specified quorum requirements. Authorizes appropriations for the Board for FY 1987 through 1991. Includes the Assistant Secretary of the Interior for Indian Affairs on the Interagency Coordinating Council established by the Act. Title VI: Employment Opportunities for Individuals with Handicaps - Requires the Secretary to provide equitable distribution of assistance for grants for employment opportunities for handicapped individuals, taking into account the needs of underserved States and the needs of Indian tribes. Provides for including consideration of the individuals living on Indian reservations in apportioning such funds. Authorizes appropriations for FY 1987 through 1991 for community services employment pilot programs for individuals with handicaps. Revises provisions for projects with industry to provide for: (1) an annual review of project evaluation reports; and (2) a five-year maximum funding cycle (with opportunity for renewal for an additional five years). Authorizes appropriations for FY 1987 through 1991 for: (1) projects with industry; and (2) business opportunities for individuals with handicaps. Title VII: Comprehensive Services for Independent Living - Authorizes appropriations for FY 1987 through 1991 for: (1) comprehensive services for independent living for handicapped individuals; (2) independent living centers; (3) independent living services for older blind individuals; and (4) projects to protect and advocate the rights of severely handicapped individuals. Title VIII: Technical and Conforming Amendments to the Act - Makes technical and conforming amendments with respect to gender neutral terminology in the Act. Title IX: Amendments to Other Laws - Amends the Helen Keller National Center Act to authorize appropriations for such Act for FY 1987 through 1989. Amends specified Federal law to authorize appropriations for FY 1987 through 1991 for the President's Committee on Employment of the Handicapped. Provides that such Committee shall be guided by the general policies of the National Council on the Handicapped. Title X: Effective Dates - Sets effective dates for the provisions of this Act.

00 Introduced in House Apr 3, 2004

Rehabilitation Act Amendments of 1986 - Amends the Rehabilitation Act of 1973 (the Act) to revise and extend provisions under the Act. Provides that the Commissioner of the Rehabilitation Services Administration (the Commissioner) shall be appointed by the Secretary of Education (the Secretary). (Current law provides for appointment by the President by and with the advice and consent of the Senate.) Requires the Commissioner to report directly to the Assistant Secretary for Special Education and Rehabilitation Services. Requires that the position of the Commissioner be a Senior Executive Service position and receive GS-18 level compensation. Lowers the Federal share for specified purposes under the Act from 80 to 75 percent. Revises the definition of "local agency" to eliminate a requirement that such agencies have certain agreements with designated State agencies. Includes Indian tribal organizations under the term "public or nonprofit agency or organization." Requires that the Commissioner's reports to the President and the Congress include statistical data on the activities and staffing of a certain information clearinghouse. Requires that the Secretary's annually published summaries of program and project evaluations include the standards used for such evaluations. Requires that the application of any State rule or policy relating to the administration and operation of programs funded by the Act (including rules or policies based on State interpretations of Federal requirements) be identified as a State-imposed requirement. Title I: Vocational Rehabilitation Services - Extends through FY 1991 the authorization of appropriations for grants to States (and Indian tribes) for provision of vocational rehabilitation services and for innovation and expansion of such services. Eliminates provisions for automatic extensions of such State grant program authorization or duration. Revises requirements for State plans for vocational rehabilitation services. Requires such plans to: (1) describe the manner in which rehabilitation engineering services will be used to provide aid to individuals with the most severe handicaps; (2) contain provisions relating to the standards governing the qualified personnel used in the provision of vocational rehabilitation services; (3) provide for other services as are specified after a determination that comparable services and benefits are not available under any other program; and (4) provide that the State shall consult with Indian tribal organizations and native Hawaiian organizations in the development of such plans. Requires that the procedures for review of a decision by a rehabilitation counselor or coordinator on an individualized written rehabilitation program shall provide an opportunity for the submission of additional evidence and information. Requires the grounds for the decision to be included in the final decision. Requires a copy of the decision to be provided to the affected individuals. Changes the scope of vocational rehabilitation services that must be provided under the Act to include: (1) "specific" (rather than "other") postemployment services necessary to assist handicapped individuals to maintain their employment; and (2) rehabilitation engineering services designed to assist severly handicapped individuals increase their functional abilities and potential for self-sufficiency. Sets forth the method of determining the non-Federal share for construction of a rehabilitation facility for States or an Indian tribal organization. Reduces the amount otherwise payable to a State for vocational rehabilitation services for the handicapped by the greater or either: (1) the amount which is twice the amount by which expenditures from non-Federal sources during such year are less than the level of expenditures under the State plan for FY 1985; or (2) the amount by which expenditures from non-Federal sources in excess of the Federal share requirement during such year are less than such expenditures under the State plan for any preceding fiscal year under the Vocational Rehabilitation Act or the Rehabilitation Act of 1973. Permits the Governor of a State, after enactment of this Act, to remove an agency designated as a client assistance agency only for good cause. Directs the Secretary to pay to a client assistance agency a specified amount. Authorizes appropriations for vocational rehabilitation assistance for FY 1987 through 1991. Extends the duration of the program of grants to States for such assistance through FY 1991. Provides that the non-Federal share of costs for American Indian vocational rehabilitation services grants may be in cash or in kind. Authorizes the Commissioner to waive the non-Federal share requirement. Changes the requirements for a State's application for a grant for American Indian vocational rehabilitation programs. Requires such application to include assurances that the services provided may include services traditionally used by the tribal organization. Limits the duration of the application's effectiveness to 36 months. Requires the Secretary to give priority consideration to applications for the continuation of programs that have been funded in the past. Deletes the provision that sets forth the method of computing a State allotment for vocational rehabilitation services based upon the number of Indians living on a reservation in the State. Requires the evaluation of the American Indian vocational rehabilitation programs to include an evaluation of the nature and extent of cooperative efforts between such programs and other vocational rehabilitation programs under the Act. Directs the Secretary to conduct a study on the special problems and needs of handicapped Indians both on and off the reservation and to submit the results of such study to the President and the appropriate committees of the Congress within one year of enactment of this Act. Title II: Research and Training - Authorizes appropriations for FY 1987 through 1991 for the National Institute of Handicapped Research (the Institute) and for research grants for methods and devices to assist in the provision of vocational and rehabilitation services for handicapped individuals. Requires the Director of the Institute (the Director) to disseminate research information to tribal rehabilitation research or service agencies. Requires the Director, in conjunction with the Bureau of Indian Affairs and the Indian Health Service as well as other agencies, to produce and disseminate reports on the demographic characteristics of handicapped individuals. Provides that the Director shall be appointed by the Secretary and shall report to the Assistant Secretary for Special Education and Rehabilitation Services. (Current law provides for appointment by the President by and with the advice and consent of the Senate.) Changes the pay rate for the Director. Requires the Director to have had substantial experience in rehabilitation and in research administration. Requires the Director to establish at a higher education institution in a rural, western State a center for research and training on the delivery of rehabilitation services to rural areas. Requires the Director to submit to the Congress, within one year of enactment of this Act, policy recommendations for the establishment by the Congress of an agency designed to ensure: (1) the development and cost-effective production and marketing of technological devices; and (2) the efficient distribution of such technology to individuals with disabilities. Includes the Assistant Secretary of the Interior for Indian Affairs and the Director of the Indian Health Service on the Interagency Committee on Hanciapped Research. Provides that Federal grants for specialized rehabilitation research may include grants to: (1) Indian tribes and tribal organizations for rehabilitation research; (2) Rehabilitation Research and Training Centers, including consideration of rural issues as appropriate; (3) Rehabilitation Engineering Research Centers for innovative models for the delivery of cost-effective rehabilitation engineering services that promote use of engineering and other research to help meet the needs of the severely disabled; (4) rehabilitation research programs for handicapped Indian Americans 55 and older; (5) model research and demonstration programs providing, among other services, psychological services for preschool age handicapped children and their parents; and (6) studies of the rehabilitation needs of American Indians and methods of deliverying such services. Title III: Supplementary Services and Facilities - Authorizes appropriations for FY 1987 through 1991 for: (1) grants for construction of rehabilitation facilities, staffing, and planning assistance; (2) vocational training services for handicapped individuals; (3) training for personnel involved in providing rehabilitation services for handicapped individuals; (4) comprehensive rehabilitation centers; (5) special projects and supplementary services; and (6) special recreational programs. Authorizes the Commissioner to provide techncial assistance to State rehabilitation agencies and facilities. Sets the pay rate for experts hired by contract to provide such assistance. Sets forth requirements for scholarships using funds from a grant for training personnel involved in providing rehabilitation services. Includes rehabilitgation engineering among the areas that may be targeted for such grants. Authorizes the Commissioner to make grants for special projects operating programs to meet the needs of isolated populations of handicapped individuals, particularly among American Indians. Title IV: Architectural and Transportation Barriers Compliance Board - Requires the Chairperson of the Architectural and Transportation Barriers Compliance Board to be elected by a majority vote of the Board members who represent the general public. Requires 12 (currently 11) Board members to be appointed by the President from among members of the general public. Authorizes a member of the Board whose term has expired to continue to serve until a successor has been appointed. Authorizes appropriations for the board for FY 1987 through 1991. Includes the Assistant Secretary of the Interior for Indian Affairs on the Interagency Coordinating Council established by the Act. Title V: Employment Opportunities for Individuals with Disabilities - Requires the Secretary to provide equitable distribution of assistance for grants for employment opportunities for handicapped individuals, taking into account the needs of underserved States and the needs of Indian tribes. Provides for including consideration of the individuals living on Indian reservations in apportioning such funds. Authorizes appropriations for fY 1987 through 1991 for: (1) such employment grants; and (2) projects with industry and business opportunities for handicapped individuals. Title VI: Comprehensive Services for Independent Living - Authorizes appropriations for FY 1987 through 1991 for: (1) comprehensive services for independent living for handicapped individuals; (2) independent living centers; (3) independent living services for older blind individuals; and (4) projects to protect and advocate the rights of severely handicapped individuals. Title VII: Technical and Conforming Amendments to the Act - Makes technical and conforming amendments with respect to gender neutral terminology in the Act. Title VIII: Reauthorization of Helen Keller National Center Act - Amends the Helen Keller National Center Act to authorize appropriations for such Act for FY 1987 through 1989. Title IX: Effective Dates - Sets effective dates for the provisions of of this Act.

Sponsors

Timeline

Oct 21, 1986

Signed by President.

Oct 21, 1986

Signed by President.

Oct 21, 1986

Became Public Law No: 99-506.

Oct 21, 1986

Became Public Law No: 99-506.

Oct 10, 1986

Presented to President.

Oct 10, 1986

Presented to President.

Oct 9, 1986

Measure Signed in Senate.

Oct 3, 1986

Conference papers, Senate report and managers' statement and message on House action held at the desk.

Oct 3, 1986

Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.

Oct 3, 1986

Senate agreed to conference report by Voice Vote.

Oct 2, 1986

Conference committee actions: Conferees agreed to file conference report.

Oct 2, 1986

Conferees agreed to file conference report.

Oct 2, 1986

Conference report filed: Conference Report 99-955 Filed in House.

Oct 2, 1986

Conference Report 99-955 Filed in House.

Oct 2, 1986

Conference report agreed to in House: House Agreed to Conference Report by Yea-Nay Vote: 408 - 0 (Record Vote No: 433).

Oct 2, 1986

House Agreed to Conference Report by Yea-Nay Vote: 408 - 0 (Record Vote No: 433).

Oct 1, 1986

Committee on Rules Granted a Rule Waiving All Points of Order Against the Conference Report and Against Its Consideration.

Oct 1, 1986

Rules Committee Resolution H.Res.569 Reported to House.

Sep 15, 1986

Message on House action received in Senate and held at desk: House requests a conference.

Sep 15, 1986

Senate insists on its amendments by Voice Vote.

Sep 15, 1986

Senate agreed to request for conference. Appointed conferees. Hatch; Weicker; Stafford; Nickles; Thurmond; Kerry; Simon; Kennedy; Dodd.

Sep 12, 1986

Resolving differences -- House actions: House Disagreed to Senate Amendments by Unanimous Consent.

Sep 12, 1986

House Disagreed to Senate Amendments by Unanimous Consent.

Sep 12, 1986

House Requested a Conference and Speaker Appointed Conferees: Hawkins, Biaggi, Williams, Martinez, Hayes, Eckart (OH), Waldon, Jeffords, Goodling, Coleman (MO).

Sep 8, 1986

Senate Committee on Labor and Human Resources discharged.

Sep 8, 1986

Senate Committee on Labor and Human Resources discharged.

Sep 8, 1986

Senate struck all after the Enacting Clause and substituted the language of S. 2515 amended.

Sep 8, 1986

Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

Sep 8, 1986

Passed Senate with an amendment by Voice Vote.

May 16, 1986

Committee on Labor and Human Resources requested executive comment from Education Department, OMB.

May 15, 1986

Referred to Subcommittee on Handicapped (Labor and Human Res.).

May 12, 1986

Received in the Senate and read twice and referred to the Committee on Labor and Human Resources.

May 7, 1986

Passed/agreed to in House: Passed House (Amended) by Yea-Nay Vote: 401 - 0 (Record Vote No: 111).

May 7, 1986

Passed House (Amended) by Yea-Nay Vote: 401 - 0 (Record Vote No: 111).

May 6, 1986

Called up by House Under Suspension of Rules.

May 6, 1986

Considered by House Unfinished Business.

May 5, 1986

Reported to House (Amended) by House Committee on Education and Labor. Report No: 99-571.

May 5, 1986

Reported to House (Amended) by House Committee on Education and Labor. Report No: 99-571.

May 5, 1986

Placed on Union Calendar No: 333.

Mar 11, 1986

Committee Consideration and Mark-up Session Held.

Mar 11, 1986

Ordered to be Reported (Amended).

Feb 25, 1986

Subcommittee Consideration and Mark-up Session Held.

Feb 25, 1986

Forwarded by Subcommittee to Full Committee (Amended).

Feb 5, 1986

Executive Comment Requested from Education, Interior.

Jan 29, 1986

Subcommittee Hearings Held.

Jan 23, 1986

Referred to Subcommittee on Select Education.

Jan 21, 1986

Introduced in House

Jan 21, 1986

Introduced in House

Jan 21, 1986

Referred to House Committee on Education and Labor.

House Votes

No House roll call votes have been linked to this bill yet.

Amendments

No amendment records are currently available for this bill.
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