(A) ELIGIBILITY.-To carry out the programs and projects described in paragraph (1)(A), the Secretary of Labor shall, in consultation with the Secretary of Commerce, subject to the availability of funds in the H-1B Nonimmigrant Petitioner Account, award (i) 75 percent of the grants to a local workforce investment board established under section 116(b) or section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of such boards in a region. Each workforce investment board or consortia of boards receiving grant funds shall represent a local or regional public-private partnership consisting of at least (I) one workforce investment board; (II) one community-based organization or higher education institution or labor union; and (III) one business or business-related nonprofit organization such as a trade association: Provided, That the activities of such local or regional public-private partnership described in this subsection shall be conducted in coordination with the activities of the relevant local workforce investment board or boards established under the Workforce Investment Act of 1998 (29 U.S.C. 2832); and (ii) 25 percent of the grants under the Secretary of Labor's authority to award grants for demonstration projects or programs under section 171 of the Workforce Investment Act (29 U.S.C. 2916) to partnerships that shall consist of at least 2 businesses or a business-related nonprofit organization that represents more than one business, and that may include any educational, labor, community organization, or workforce investment board, except that such grant funds may be used only to carry out a strategy that would otherwise not be eligible for funds provided under clause (i), due to barriers in meeting those partnership eligibility criteria, on a national, multistate, regional, or rural area (such as rural telework programs) basis. (B) DESIGNATION OF RESPONSIBLE FISCAL AGENTS.— Each partnership formed under subparagraph (A) shall designate a responsible fiscal agent to receive and disburse grant funds under this subsection. (C) PARTNERSHIP CONSIDERATIONS.-Consideration in the awarding of grants shall be given to any partnership that involves and directly benefits more than one small business (each consisting of 100 employees or less). (D) ALLOCATION OF GRANTS.-In making grants under this paragraph, the Secretary shall make every effort to fairly distribute grants across rural and urban areas, and across the different geographic regions of the United States. The total amount of grants awarded to carry out programs and projects described in paragraph (1)(A) shall be allocated as follows: (i) At least 80 percent of the grants shall be awarded to programs and projects that train employed and unemployed workers in skills in high technology, information technology, and biotechnology, including skills needed for software and communications services, telecommunications, systems installation and integration, computers and communications hardware, advanced manufacturing, health care technology, biotechnology and biomedical research and manufacturing, and innovation services. (ii) No more than 20 percent of the grants shall be available to programs and projects that train employed and unemployed workers for skills related to any single specialty occupation, as defined in section 214(i) of the Immigration and Nationality Act. (3) START-UP FUNDS. (A) IN GENERAL.-Except as provided in subparagraph (B), not more than 5 percent of any single grant, or not to exceed $75,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. (B) EXCEPTION.-In the case of partnerships consisting primarily of small businesses, not more than 10 percent of any single grant, or $150,000, whichever is less, may be used toward the start-up costs of partnerships or new training programs and projects. (C) DURATION OF START-UP PERIOD.-For purposes of this subsection, a start-up period consists of a period of not more than 2 months after the grant period begins, at which time training shall immediately begin and no further Federal funds may be used for start-up purposes. (4) TRAINING OUTCOMES. (A) CONSIDERATION PROJECTS.-Consideration in the awarding of grants shall be given to applicants that provide a specific, measurable commitment upon successful completion of a training course, to FOR CERTAIN PROGRAMS AND (i) hire or effectuate the hiring of unemployed trainees (where applicable); (ii) increase the wages or salary of incumbent workers (where applicable); and (iii) provide skill certifications to trainees or link the training to industry-accepted occupational skill standards, certificates, or licensing requirements. (B) REQUIREMENTS FOR GRANT APPLICATIONS.-Applications for grants shall— (i) articulate the level of skills that workers will be trained for and the manner by which attainment of those skills will be measured; (ii) include an agreement that the program or project shall be subject to evaluation by the Secretary of Labor to measure its effectiveness; and (iii) in the case of an application for a grant under subsection (c)(2)(A)(ii), explain what barriers prevent the strategy from being implemented through a grant made under subsection (c)(2)(A)(i). (5) MATCHING FUNDS.-Each application for a grant to carry out a program or project described in paragraph (1)(A) shall state the manner by which the partnership will provide non-Federal matching resources (cash, or in-kind contributions, or both) equal to at least 50 percent of the total grant amount awarded under paragraph (2)(A)(i), and at least 100 percent of the total grant amount awarded under paragraph (2)(A)(ii). At least one-half of the non-Federal matching funds shall be from the business or businesses or business-related nonprofit organizations involved. Consideration in the award of grants shall be given to applicants that provide a specific commitment or commitments of resources from other public or private sources, both, so as to demonstrate the long-term sustainability of the training program or project after the grant expires. or (6) ADMINISTRATIVE COSTS.-An entity that receives a grant to carry out a program or project described in paragraph (1)(A) may not use more than 10 percent of the amount of the grant to pay for administrative costs associated with the program or project. PART III-REHABILITATION ACT OF 1973 AND RELATED LAWS REHABILITATION ACT OF 1973 AN ACT To replace the Vocational Rehabilitation Act, to extend and revise the authorization of grants to States for vocational rehabilitation services, with special emphasis on services to individuals with the most severe disabilities, to expand special Federal responsibilities and research and training programs with respect to individuals with disabilities, to create linkage between State vocational rehabilitation programs and workforce investment activities carried out under title I of the Workforce Investment Act of 1998, to establish special responsibilities for the Secretary of Education for coordination of all activities with respect to individuals with disabilities within and across programs administered by the Federal Government, and for other purposes.1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.-This Act may be cited as the "Rehabilitation Act of 1973". (b) TABLE OF CONTENTS.-The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; purpose; policy. Sec. 3. Rehabilitation Services Administration. Sec. 4. Advance funding. Sec. 5. Joint funding. Sec. 7. Definitions. Sec. 8. Allotment percentage. Sec. 10. Nonduplication. Sec. 11. Application of other laws. Sec. 12. Administration of the Act. Sec. 13. Reports. Sec. 14. Evaluation. Sec. 15. Information clearinghouse. Sec. 16. Transfer of funds. Sec. 17. State administration. Sec. 18. Review of applications. Sec. 19. Carryover. Sec. 20. Client assistance information. Sec. 21. Traditionally underserved populations. TITLE I-VOCATIONAL REHABILITATION SERVICES PART A-GENERAL PROVISIONS Sec. 100. Declaration of policy; authorization of appropriations. Sec. 102. Eligibility and individualized plan for employment. Sec. 104. Non-Federal share for establishment of program. 1 The title of the Act, as shown above, reflects the amendments described in section 402 of Public Law 105–220 (112 Stat. 1092). Note, however, that there is a legal question as to whether the title of an Act can be amended, as the title precedes the enacting clause and therefore is arguably not law. See Sutherland Statutory Construction §§ 19.05, 47.04, 47.05 (4th ed. 1984, 1985); R. Dickerson, The Fundamentals of Legal Drafting §13.2 (2nd ed. 1986). Sec. 105. State Rehabilitation Council. Sec. 106. Evaluation standards and performance indicators. Sec. 107. Monitoring and review. Sec. 108. Expenditure of certain amounts. Sec. 109. Training of employers with respect to Americans with Disabilities Act of 1990. PART B-BASIC VOCATIONAL REHABILITATION SERVICES Sec. 110. State allotments. Sec. 111. Payments to States. Sec. 112. Client assistance program. PART C-AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES Sec. 121. Vocational rehabilitation services grants. PART D-VOCATIONAL REHABILITATION SERVICES CLIENT INFORMATION Sec. 131. Data sharing. TITLE II—RESEARCH AND TRAINING Sec. 200. Declaration of purpose. Sec. 201. Authorization of appropriations. Sec. 202. National Institute on Disability and Rehabilitation Research. Sec. 204. Research and other covered activities. Sec. 205. Rehabilitation Research Advisory Council. TITLE III-PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND Sec. 301. Declaration of purpose and competitive basis of grants and contracts. Sec. 303. Demonstration and training programs. Sec. 304. Migrant and seasonal farmworkers. Sec. 305. Recreational programs. Sec. 306. Measuring of project outcomes and performance. TITLE IV-NATIONAL COUNCIL ON DISABILITY Sec. 400. Establishment of National Council on Disability. Sec. 402. Compensation of National Council members. Sec. 404. Administrative powers of National Council. Sec. 405. Authorization of Appropriations. TITLE V-RIGHTS AND ADVOCACY Sec. 501. Employment of individuals with disabilities. Sec. 502. Architectural and Transportation Barriers Compliance Board. Sec. 503. Employment under Federal contracts. Sec. 504. Nondiscrimination under Federal grants and programs. Sec. 505. Remedies and attorneys' fees. Sec. 506. Secretarial responsibilities. Sec. 507. Interagency Disability Coordinating Council. Sec. 508. Electronic and information technology regulations. Sec. 509. Protection and advocacy of individual rights. TITLE VI-EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH Sec. 601. Short title. PART A-PROJECTS WITH INDUSTRY Sec. 611. Projects with industry. Sec. 612. Authorization of appropriations. PART B-SUPPORTED EMPLOYMENT SERVICES FOR INDIVIDUALS WITH THE MOST SIGNIFICANT DISABILITIES Sec. 621. Purpose. Sec. 622. Allotments. |