United States Code

§ 301(b)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 678, 692.)

CODIFICATION

For history of Pub. L. 93-651, which enacted amendments identical to Pub. L. 93-516, see Codification note set out under section 701 of this title.

PRIOR PROVISIONS

A prior section 204 of Pub. L. 93-112, title II, Sept. 26, 1973, 87 Stat. 376, was classified to section 764 of this title prior to its repeal by Pub. L. 95–602.

Prior similar provisions were contained in former section 34 of this title.

AMENDMENTS

1978-Subsec. (a). Pub. L. 95-602, § 110, substituted "The Director may" for "The Secretary, through the Commissioner, and in coordination with other appropriate programs in the Department of Health, Education, and Welfare, is authorized to", "public or private" for "public or nonprofit", and "provision of vocational and other rehabilitation services" for "provision of vocational rehabilitation services" and inserted ", including basic research where related to rehabilitation techniques or services" following "restorative techniques" and ", psychiatric" following "social".

Subsec. (b). Pub. L. 95-602, § 111, substituted in provision preceding par. (1), "the Director may" for "the Secretary, through the Commissioner, and in coordination with other appropriate programs in the Department of Health, Education, and Welfare, is authorized to", inserted in par. (1), provision authorizing determination of research to be based on the particular needs of handicapped individuals in the geographic area served by the Center and specifying types of research which may be included, substituted in par. (2)(A), "psychiatric, psychological" for "psychological", and added pars. (6) to (12).

1974-Subsec. (a). Pub. L. 93-516 substituted "studies, analyses, and demonstrations of architectural and engineering design adapted to meet the special needs of handicapped individuals” for "studies and analyses of of architectural and engineering design adapted to meet the special needs of handicapped individuals”.

Pub. L. 93-651, amended subsec. (a) in exactly the same manner as it was amended by Pub. L. 93-516.

TRANSFER OF FUNCTIONS

"Department of Education" was substituted for "Office of Education" in subsec. (b)(7), pursuant to sections 301(b)(2) and 507 of Pub. L. 96-88, which are classified to sections 3441(b)(2) and 3507 of Title 20, Education, and which transferred the Office of Education to the Department of Education.

For transfer of functions of the National Institute of Handicapped Research and the Director thereof under this chapter to the Secretary and Department of Education, see section 3441 of Title 20.

Ex. ORD. No. 12270. PRESIDENT'S COUNCIL ON SPINAL CORD INJURY

Ex. Ord. No. 12270, Jan. 15, 1981, 46 F.R. 4675, provided:

By the authority vested in me as President by the Constitution of the United States of America, and in order to establish, in accord with the Federal Advisory Committee Act, as amended (5 U.S.C. App.), an advisory committee on spinal cord injury, it is hereby ordered as follows:

1-101. There is established a President's Council on Spinal Cord Injury which shall be composed of twelve members appointed by the President.

1-102. The Committee shall advise the President, through the Secretary of Education, on appropriate responses to the goals of prevention, diagnosis, treatment, and reversal of spinal cord injury.

1-103. The Secretary of Education shall provide the Council with such administrative services and support as may be necessary.

1-104. Notwithstanding the provisions of any other Executive Order, the functions of the President under the Federal Advisory Committee Act (5 U.S.C. App.), except that of reporting annually to the Congress, which are applicable to the Council, shall be performed by the Secretary of Education in accordance with guidelines and procedures established by the Administrator of General Services.

1-105. The Committee shall terminate on December 31, 1981, unless sooner extended.

JIMMY CARTER.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 761, 761a of this title; title 33 sections 1904, 4101.

§ 762a. Research and demonstration projects

(a) Multiple and interrelated service needs of handicapped individuals; report to Congress

The Secretary of Health and Human Services is authorized to make grants to, and to enter into contract with, public and nonprofit agencies and organizations for the purpose of research and demonstration projects specifically designed to address the multiple and interrelated service needs of handicapped individuals, the elderly, and children, youths, adults, and families. A report evaluating each project funded under this section shall be submitted to appropriate committees of the Congress within four months after the date each such project is completed.

(b) Authorization of appropriations

There are authorized to be appropriated to carry out this section such sums as may be necessary.

No funds other than those appropriated pursuant to this subsection can be used for the conduct of research specifically authorized by this section.

Within one year after the date appropriations are made under subsection (b) of this section for purposes of research and demonstration projects under subsection (a) of this section, the Secretary shall prepare and transmit to the Congress a study concerning the impact of vocational rehabilitation services provided under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.] on recipients of disability payments under titles II and XVI of the Social Security Act [42 U.S.C. 401 et seq., 1381 et seq.]. The study shall examine the relationship between the vocational rehabilitation services provided under the Rehabilitation Act of 1973 and the programs under sections 222 and 1615 of the Social Security Act [42 U.S.C. 422, 1382d], and shall include

(1) an analysis of the savings in disability benefit payments under titles II and XVI of the Social Security Act as a result of the provision of vocational rehabilitation services under the Rehabilitation Act of 1973;

(2) a specification of the rate of return to the active labor force by recipients of services under sections 222 and 1615 of the Social Security Act;

(3) a specification of the total amount of expenditures, in the five fiscal years preceding the date of submission of the report, for vocational rehabilitation services under the Rehabilitation Act of 1973 and under sections 222 and 1615 of the Social Security Act, and recommendations for the coordinated presentation of such expenditures in the Budget submitted by the President pursuant to section 1105 of title 31; and

(4) recommendations to improve the coordination of services under the Rehabilitation Act of 1973 with programs under sections 222 and 1615 of the Social Security Act, including recommendations for increasing savings in disability benefits payments and the rate of return to the active labor force by recipients of services under sections 222 and 1615 of the Social Security Act.

(Pub. L. 95-602, title IV, § 401, Nov. 6, 1978, 92 Stat. 3002; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)

REFERENCES IN TEXT

The Rehabilitation Act of 1973, referred to in subsec. (c), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is classified principally to this chapter (§ 701 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables.

The Social Security Act, referred to in subsec. (c), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVI of the Social Security Act are classified generally to subchapters II (§ 401 et seq.) and XVI (§ 1381 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

CODIFICATION

In subsec. (c)(3), “section 1105 of title 31" was substituted for "section 201 of the Budget and Accounting Act, 1921 [31 U.S.C. 11]" on authority of Pub. L. 97-258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was enacted as part of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, and not as part of Rehabilitation Act of 1973 which comprises this chapter.

CHANGE OF NAME

"Secretary of Health and Human Services" was substituted for "Secretary of Health, Education, and Welfare" in subsec. (a), pursuant to section 509(b) Pub. L. 96-88, which is classified to section 3508(b) of Title 20, Education.

8763. Transferred

CODIFICATION

Section, Pub. L. 93-112, title II, § 203, Sept. 26, 1973, 87 Stat. 376, relating to the making of grants and contracts for the training of personnel involved in vocational services to handicapped individuals, was redesignated as section 304 of Pub. L. 93-112 and transferred to section 774 of this title.

§ 764. Repealed. Pub. L. 95-602, title I, § 109(3), Nov. 6, 1978, 92 Stat. 2963

Section, Pub. L. 93-112, title II, § 204, Sept. 26, 1973, 87 Stat. 376, provided that a full report on research and training activities be included in the annual report to Congress.

SUBCHAPTER III-SPECIAL FEDERAL RESPONSIBILITIES

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 706 of this title. PART A-CONSTRUCTION AND TRAINING PROGRAMS § 770. Congressional declaration of purpose

The purpose of this subchapter is to— (1) authorize grants and contracts to assist in the construction and initial staffing of rehabilitation facilities and authorize such staffing as the Commissioner deems appropriate;

(2) authorize grants and contracts to assist in the provision of vocational training services to handicapped individuals;

(3) authorize grants for special projects and demonstrations which hold promise of expanding or otherwise improving rehabilitation services to handicapped individuals, including individuals with spinal cord injuries, older blind individuals, and deaf individuals whose maximum vocational potential has not been reached, which experiment with new types of patterns of services or devices for the rehabilitation of handicapped individuals (including opportunities for new careers for handicapped individuals, and for other individuals in programs serving handicapped individuals) and which provide vocational rehabilitation services to handicapped migratory agricultural workers or seasonal farmworkers; (4) establish uniform grant and contract requirements for programs assisted under this subchapter and certain other provisions of this chapter.

(Pub. L. 93-112, title III, § 300, Sept. 26, 1973, 87 Stat. 377; Pub. L. 95-602, title I, § 122(c)(1), Nov. 6, 1978, 92 Stat. 2987.)

AMENDMENTS

1978-Par. (1). Pub. L. 95–602, § 122(c)(1)(A), inserted "and authorize such staffing as the Commissioner deems appropriate" following "facilities".

Pars. (4), (5). Pub. L. 95-602, § 122(c)(1)(B), (C), redesignated par. (5) as (4). Former par. (4), which declared as one of the purposes of this subchapter the establishment and operation of a National Center for Deaf-Blind Youths and Adults, was struck out.

TRANSFER OF FUNCTIONS

For transfer of functions and offices of the Secretary and Department of Health, Education, and Welfare, including the Rehabilitation Services Administration and the Commissioner thereof, under this chapter to the Secretary and Department of Education, and for delegation of certain functions of the Secretary of Education under this chapter to the Assistant Secretary for Special Education and Rehabilitative Services, see sections 3417 and 3441 of Title 20, Education.

§ 771. Grants for construction of rehabilitation facilities, staffing, and planning assistance

(a) Authorization of appropriations; period of availability of moneys

For the purpose of making grants and contracts under this section for construction of re

habilitation facilities, staffing, and planning assistance, there is authorized to be appropriated such sums as may be necessary for each fiscal year ending before October 1, 1982. Amounts so appropriated shall remain available for expenditure with respect to construction projects funded or staffing grants made under this section prior to October 1, 1983.

(b) Rehabilitation facilities construction grants; applications for assistance; general grant and contract requirements applicable; amount

(1) The Commissioner is authorized to make grants to assist in meeting the costs of construction of public or nonprofit rehabilitation facilities. Such grants may be made to States and public or nonprofit organizations and agencies for projects for which applications are approved by the Commissioner under this section.

(2) To be approved, an application for a grant for a construction project under this section must conform to the provisions of section 776 of this title.

(3) The amount of a grant under this section with respect to any construction project in any State shall be equal to the same percentage of the cost of such project as the Federal share which is applicable in the case of rehabilitation facilities (as defined in section 2910(g) of title 42), in such State, except that if the Federal share with respect to rehabilitation facilities in such State is determined pursuant to subsection (b)(2) of section 2910 of title 42, the percentage of the cost for purposes of this section shall be determined in accordance with regulations prescribed by the Commissioner designed to achieve as nearly as practicable results comparable to the results obtained under such subparagraph.

The Commissioner is also authorized to make grants to assist in the staffing of any public or nonprofit rehabilitation facility constructed after September 26, 1973 (whether or not such construction was financed with the aid of a grant under this section) by covering part of the costs (determined in accordance with regulations the Commissioner shall prescribe) of compensation of professional or technical personnel of such facility during the period beginning with the commencement of the operation of such facility and ending with the close of four years and three months after the month in which such operation commenced. Such grants with respect to any facility may not exceed 75 per centum of such costs for the period ending with the close of the fifteenth month following the month in which such operation commenced, 60 per centum of such costs for the first year thereafter, 45 per centum of such costs for the second year thereafter, and 30 per centum of such costs for the third year thereafter.

(d) Planning grants

The Commissioner is also authorized to make grants upon application approved by the State agency designated under section 721 of this title to administer the State plan, to public or nonprofit agencies, institutions, or organizations to assist them in meeting the cost of plan

ning rehabilitation facilities and the services to be provided by such facilities.

(Pub. L. 93-112, title III, § 301, Sept. 26, 1973, 87 Stat. 377; Pub. L. 93-516, title I, § 104, Dec. 7, 1974, 88 Stat. 1618; Pub. L. 93-651, title I, § 104, Nov. 21, 1974, 89 Stat. 2-4; Pub. L. 94-230, §§ 4. 11(b)(7), Mar. 15, 1976, 90 Stat. 211, 213; Pub. L. 94-273, § 3(18), Apr. 21, 1976, 90 Stat. 377; Pub. L. 95-602, title I, §§ 112(a), 122(c)(2), Nov. 6, 1978, 92 Stat. 2967, 2987.)

CODIFICATION

For history of Pub. L. 93-651, which enacted amendments identical to Pub. L. 93-516, see Codification note set out under section 701 of this title.

PRIOR PROVISIONS

Prior similar provisions were contained in former section 41a of this title.

AMENDMENTS

1978 Subsec. (a). Pub. L. 95–602, §§ 112(a), 122(c)(2), substituted "staffing" for "initial staffing" in two places, "for each fiscal year ending before October 1, 1982" for "for the fiscal years ending June 30, 1974, June 30, 1975, June 30, 1976, September 30, 1977, and September 30, 1978", and "October 1, 1983" for "October 1, 1980".

Subsec. (b). Pub. L. 95-602, § 122(c)(2), substituted "Commissioner" for "Secretary" wherever appearing. Subsec. (c). Pub. L. 95-602, § 122(c)(2), substituted "Commissioner" for "Secretary" in two places and "staffing" for "initial staffing".

Subsec. (d). Pub. L. 95-602, § 122(c)(2), substituted "Commissioner" for "Secretary".

1976-Subsec. (a). Pub. L. 94-273 substituted "October" for "July", which substitution has already been made by section 4 of Pub. L. 94-230. See Amendment note set out below.

Pub. L. 94-230, § 4, extended authorization of appropriation for fiscal year ending Sept. 30, 1977, and substituted "October 1, 1980" for "July 1, 1978".

Pub. L. 94-230, § 11(b)(7), extended authorization of appropriations for fiscal year ending Sept. 30, 1978.

1974-Subsec. (a). Pub. L. 93-516 extended authorization of appropriation for fiscal year ending June 30, 1976, and substituted "July 1, 1978" for "July 1, 1977”. Pub. L. 93-651 amended subsec. (a) in exactly the same manner as it was amended by Pub. L. 93-516.

TRANSFER OF FUNCTIONS

Authorization of appropriations or limitations on authorization for carrying out programs, see sections 603 and 604(1) of Pub. L. 97-35, set out as a note under section 701 of this title.

EXTENSION OF VOCATIONAL REHABILITATION PROGRAMS THROUGH FISCAL YEAR Ending SEPTEMBER 30, 1978; EFFECTIVE DATE OF 1976 AmendmenT

For contingency provisions relating to the extensions of program authorizations and to the effective date of such extensions, see section 11(a), (b)(1), and

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 706 of this title.

§ 772. Vocational training services for handicapped individuals

(a) Authorization of appropriations

For the purpose of making grants and entering into contracts under this section, there are authorized to be appropriated such sums as may be necessary for each fiscal year ending before October 1, 1982.

(b) Grants; authority of Commissioner; individual allowances: factors and limitations; conditions

(1) The Commissioner is authorized to make grants to States and public or nonprofit organizations and agencies to pay up to 90 per centum of the cost of projects for providing vocational training services to handicapped individuals, especially those with the most severe handicaps, in public or nonprofit rehabilitation facilities. (2)(A) Vocational training services for purposes of this subsection shall include training with a view toward career advancement; training in occupational skills; related services, including work evaluation, work testing, provision of occupational tools and equipment required by the individual to engage in such training, and job tryouts; and payment of weekly allowances to individuals receiving such training and related services.

(B) Such allowances may not be paid to any individual for any period in excess of two years, and such allowances for any week shall not exceed $30 plus $10 for each of the individual's dependents, or $70, whichever is less. In determining the amount of such allowances for any individual, consideration shall be given to the individual's need for such an allowance, including any expenses reasonably attributable to receipt of training services, the extent to which such an allowance will help assure entry into and satisfactory completion of training, and such other factors, specified by the Commissioner, as will promote such individual's capacity to engage in gainful and suitable employment.

(3) The Commissioner may make a grant for a project pursuant to this subsection only on his determination that (A) the purpose of such project is to prepare handicapped individuals, especially those with the most severe handicaps, for gainful and suitable employment; (B) the individuals to receive training services under such project will include only those who have been determined to be suitable for and in need of such training services by the State agency or agencies designated as provided in section 721(a)(1) of this title of the State in which the rehabilitation facility is located; (C) the full range of training services will be made available to each such individual, to the extent of his need for such services; and (D) the project, including the participating rehabilitation facility and the training services provided, meet such other requirements as he may prescribe in regulations for carrying out the purposes of this subsection.

(1) The Commissioner is authorized to make grants to public or nonprofit rehabilitation facilities, or to an organization or combination of such facilities, to pay the Federal share of the cost of projects to analyze, improve, and increase their professional services to handicapped individuals, their management effectiveness, or any other part of their operations affecting their capacity to provide employment and services for such individuals.

(2) No part of any grant made pursuant to this subsection may be used to pay costs of acquiring, constructing, expanding, remodeling, or altering any building.

(Pub. L. 93-112, title III, § 302, Sept. 26, 1973, 87 Stat. 378; Pub. L. 93-516, title I, § 105, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93-651, title I, § 105, Nov 21, 1974, 89 Stat. 2-4; Pub. L. 94-230, §§ 5, 11(b)(8), Mar. 15, 1976, 90 Stat. 212, 213; Pub. L. 95-602, title I, §§ 112(b), 122(c)(3), Nov. 6, 1978, 92 Stat. 2968, 2987.)

CODIFICATION

For history of Pub. L. 93-651, which enacted amendments identical to Pub. L. 93-516, see Codification note set out under section 701 of this title.

PRIOR PROVISIONS

Prior similar provisions were contained in former section 41b of this title.

AMENDMENTS

1978-Subsec. (a). Pub. L. 95–602, § 112(b), substituted "entering into contracts" for "contracts" and "each fiscal year ending before October 1, 1982" for "the fiscal years ending June 30, 1974, June 30, 1975, June 30, 1976, September 30, 1977, and September 30, 1978". Subsecs. (b), (c). Pub. L. 95-602, § 122(c)(3), substituted "Commissioner" for "Secretary".

1976-Subsec. (a). Pub. L. 94-230, § 5, extended authorization of appropriation for fiscal year ending Sept. 30, 1977.

Pub. L. 94-230, § 11(b)(8), extended authorization of appropriations for fiscal year ending Sept. 30, 1978. 1974-Subsec. (a). Pub. L. 93-516 extended authorization of appropriation for fiscal year ending June 30, 1976.

Pub. L. 93-651 amended subsec. (a) in exactly the same manner as it was amended by Pub. L. 93-516.

TRANSFER OF FUNCTIONS

LIMITATION ON AUTHORIZATION OF APPROPRIATIONS FOR VOCATIONAL REHABILITATION PROGRAMS FOR FISCAL YEARS 1982 AND 1983

Authorization of appropriations or limitations on authorization for carrying out programs, see sections 603 and 604(j) of Pub. L. 97-35, set out as a note under section 701 of this title.

EXTENSION OF VOCATIONAL REHABILITATION PROGRAMS THROUGH FISCAL YEAR ENDING SEPTEMBER 30, 1978; EFFECTIVE DATE OF 1976 AMENDMENT

For contingency provisions relating to the extensions of program authorizations and to the effective date of such extensions, see section 11(a), (b)(1), and (c) of Pub. L. 94-230, set out as a note under section 720 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 776 of this title. § 773. Loan guarantees for rehabilitation facilities (a) Purpose

It is the purpose of this section to assist and encourage the provision of needed facilities for programs for handicapped individuals primarily served by State rehabilitation programs.

(b) Loans to nonprofit entities by non-Federal lenders and Federal Financing Bank; construction; equipment

The Commissioner may, in accordance with this section and subject to section 776 of this title, guarantee the payment of principal and interest on loans made to nonprofit private entities by non-Federal lenders and by the Federal Financing Bank for the construction of rehabilitation facilities, including equipment used in their operation.

In the case of a guarantee of any loan to a nonprofit private entity under this section, the Commissioner shall pay, to the holder of such loan and for and on behalf of the project for which the loan was made, amounts sufficient to reduce by 2 percent per annum the net effective interest rate otherwise payable on such loan. Each holder of a loan which is guaranteed under this section shall have a contractual right to receive from the United States interest payments required by the preceding sentence. (d) Limitation on amount of principal of outstanding loans

The cumulative total of the principal of the loans outstanding at any time with respect to which guarantees have been issued, or which have been directly made, may not exceed $100,000,000.

(e) Terms and conditions

(1) The Commissioner may not approve a loan guarantee for a project under this section unless he determines that (A) the terms, conditions, security (if any), and schedule and amount of repayments with respect to the loan are sufficient to protect the financial interests of the United States and are otherwise reasonable, including a determination that the rate of interest does not exceed such per centum per annum on the principal obligation outstanding as the Commissioner determines to be reasonable, taking into account the range of interest rates prevailing in the private market for similar loans and the risks assumed by the United States, and (B) the loan would not be available on reasonable terms and conditions without the guarantee under this section.

(2)(A) The United States shall be entitled to recover from the applicant for a loan guarantee

under this section the amount of any payment made pursuant to such guarantee, unless the Commissioner for good cause waives such right of recovery. Upon making any such payment, the United States shall be subrogated to all of the rights of the recipient of the payments with respect to which the guarantee was made.

(B) To the extent permitted by subparagraph (C), any terms and conditions applicable to a loan guarantee under this section (including terms and conditions imposed under paragraph (1)) may be modified by the Commissioner to the extent he considers consistent with the interests of the United States.

(C) Any loan guarantee made by the Commissioner under this section shall be incontestable (i) in the hands of an applicant on whose behalf such guarantee is made unless the applicant engaged in fraud or misrepresentation in securing such guarantee, and (ii) as to any person (or his successor in interest) who makes or contracts to make a loan to such applicant in reliance thereon unless such person (or his successor in interest) engaged in fraud or misrepresentation in making or contracting to make such loan.

(D) Guarantees of loans under this section shall be subject to such further terms and conditions as the Commissioner considers necessary to assure that the purposes of this section will be achieved.

(f) Establishment in Treasury of loan guarantee fund; authorization of appropriations; insufficient funds; issuance of notes and other obligations to Secretary of Treasury; interest rate and redemption

(1) There is established in the Treasury a loan guarantee fund (hereinafter in this subsection referred to as the "fund") which shall be available to the Commissioner without fiscal year limitation, in such amounts as may be specified from time to time in appropriation Acts

(A) to enable him to discharge his responsibilities under loan guarantees issued by him under this section; and

(B) for payment of interest under subsection (c) of this section on loans guaranteed under this section.

There are authorized to be appropriated such amounts as may be necessary to provide the sums required for the fund. There shall also be deposited in the fund amounts received by the Commissioner in connection with loan guarantees under this section and other property or assets derived by him from his operations respecting such loan guarantees, including any money derived from the sale of assets.

(2)(A) If at any time the sums in the fund are insufficient to enable the Commissioner

(1) to make payments of interest under subsection (c) of this section; or

(ii) to otherwise comply with guarantees under this section of loans to nonprofit private entities;

he is authorized to issue to the Secretary of the Treasury notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions,

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