Rehabilitation Act Amendments of 1986

Summary

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.

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Documents

6 official files

• Public Law (PDF)

  Public Law · EN · 22 October 1986

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• Conference report filed in House

  summary · EN · 2 October 1986

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• Passed Senate amended

  summary · EN · 8 September 1986

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• Passed House amended

  summary · EN · 7 May 1986

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• Reported to House with amendment(s)

  summary · EN · 5 May 1986

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• Introduced in House

  summary · EN · 21 January 1986

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