United States Code

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 732 of this title.

§ 777a. Special demonstration programs; grants; individuals with spinal cord injuries

(a) Subject to the provisions of section 776 of this title, the Commissioner may make grants to States and to public or nonprofit agencies and organizations to pay part or all of the costs of special projects and demonstrations (including related research and evaluation) for

(1) establishing programs and, where appropriate, constructing facilities for providing vocational rehabilitation services, which hold promise of expanding or otherwise improving rehabilitation services to handicapped individuals (especially those with the most severe handicaps), including individuals with spinal cord injuries and blind or deaf individuals, irrespective of age or vocational potential, who can benefit from comprehensive services;

(2) applying new types or patterns of services or devices for handicapped individuals (including programs for providing handicapped individuals, or other individuals in programs servicing handicapped individuals, with opportunities for new careers); and

(3) operating programs and, where appropriate, renovating and constructing facilities to demonstrate methods of making recreational activities fully accessible to handicapped individuals.

(b) Any project or demonstration assisted by a grant under this section which provides services to individuals with spinal cord injuries shall

(1) establish, on an appropriate regional basis, a multidisciplinary system of providing vocational and other rehabilitation services, specifically designed to meet the special needs of individuals with spinal cord injuries, including acute care as well as periodic inpatient or outpatient followup and services;

(2) demonstrate and evaluate the benefits to individuals with spinal cord injuries served in, and the degree of cost effectiveness of, such a regional system;

(3) demonstrate and evaluate existing, new, and improved methods and equipment essential to the care, management, and rehabilitation of individuals with spinal cord injuries; and

(4) demonstrate and evaluate methods of community outreach for individuals with spinal cord injuries and community education in connection with the problems of such individuals in areas such as housing, transportation, recreation, employment, and community activities.

(Pub. L. 93-112, title III, § 311, as added Pub. L. 95-602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2973.)

TRANSFER OF FUNCTIONS

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.

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(m)(1) of Pub. L. 97-35, set out as a note under section 701 of this title.

§ 777b. Migratory workers; maintenance payments; coordination with other programs

The Commissioner, subject to the provisions of section 776 of this title, is authorized to make grants to any State agency designated pursuant to a State plan approved under section 721 of this title, or to any local agency participating in the administration of such a plan, to pay up to 90 per centum of the cost of projects or demonstrations for the provision of vocational rehabilitation services to handicapped individuals, as determined in accordance with rules prescribed by the Secretary of Labor, who are migratory agricultural workers or seasonal farmworkers, and to members of their families (whether or not handicapped) who are with them, including maintenance and transportation of such individuals and members of their families where necessary to the rehabilitation of such individuals. Maintenance payments under this section shall be consistent with any maintenance payments made to other handicapped individuals in the State under this chapter. Such grants shall be conditioned upon satisfactory assurance that in the provision of such services there will be appropriate cooperation between the grantee and other public or nonprofit agencies and organizations having special skills and experience in the provision of services to migratory agricultural workers, seasonal farmworkers, or their families. This section shall be administered in coordination with other programs serving migrant agricultural workers and seasonal farmworkers, including programs under title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 2701 et seq.], section 311 of the Economic Opportunity Act of 1964 [42 U.S.C. 2861], the Migrant Health Act [42 U.S.C. 254b], and the Farm Labor Contractor Registration Act of 1963 [7 U.S.C. 2041 et seq.).

(Pub. L. 93-112, title III, § 312, as added Pub. L. 95-602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2974.)

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to in text, is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended generally by Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2152. Title I of the 1965 Act, which was formerly classified to subchapter II (§ 241a et seq.) of chapter 13 of Title 20, Education, is classified generally to subchapter I (§ 2701 et seq.) of chapter 47 of Title 20. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of Title 20 and Tables.

Section 311 of the Economic Opportunity Act of 1964 [42 U.S.C. 2861], referred to in text, was repealed by Pub. L. 95-568, § 8(a)(2), Nov. 2, 1978, 92 Stat. 2428.

The Migrant Health Act, referred to in text, means section 329, formerly section 310, of act July 1, 1944, ch. 373, as added by Pub. L. 87-692, Sept. 25, 1962, 76 Stat. 592, as amended, which is classified to section 254b of Title 42, The Public Health and Welfare.

The Farm Labor Contractor Registration Act of 1963, referred to in text, is Pub. L. 88-582, Sept. 7, 1964, 78 Stat. 920, as amended, which was classified generally to chapter 52 (§ 2041 et seq.) of Title 7, Agriculture, and was repealed by Pub. L. 97-470, title V, § 523, Jan. 14, 1983, 96 Stat. 2600. See section 1801 et seq. of this title.

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.

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(m)(1) of Pub. L. 97-35, set out as a note under section 701 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 777 of this title.

§ 777c. Helen Keller National Center for Deaf-Blind Youths and Adults

(a) Establishment

The purpose of this section is to provide for the establishment and operation of the Helen Keller National Center for Deaf-Blind Youths and Adults. Any funds appropriated under this part for construction of the Center shall remain available until expended.

(b) Statement of purposes; agreement for establishment and operation; designation

In order

(1) to demonstrate methods of (A) providing the specialized intensive services, and other services, needed to rehabilitate handicapped individuals who are both deaf and blind, and (B) training the professional and allied personnel needed adequately to staff facilities specifically designed to provide such services and training to such personnel who have been or will be working with deaf-blind individuals;

(2) to conduct research in the problems of, and ways of meeting the problems of rehabilitating, deaf-blind individuals; and

(3) to aid in the conduct of related activities which will expand or improve the services for or help improve public understanding of the problems of deaf-blind individuals;

the Secretary, subject to the provisions of section 776 of this title, is authorized to enter into an agreement with any public or nonprofit agency or organization for payment by the United States of all or part of the costs of the establishment and operation, including construction and equipment, of a center for vocational rehabilitation of handicapped individuals

who are both deaf and blind, which center shall be known as the Helen Keller National Center for Deaf-Blind Youths and Adults.

Any agency or organization desiring to enter into such agreement shall submit a proposal therefor at such time, in such manner, and containing such information as may be prescribed in regulations by the Secretary. In considering such proposals the Secretary shall give preference to proposals which (1) give promise of maximum effectiveness in the organization and operation of the Helen Keller National Center, and (2) give promise of offering the most substantial skill, experience, and capability in providing a broad program of service, research, training, and related activities in the field of rehabilitation of deaf-blind individuals.

(d) Recovery of costs of services

To the extent feasible the Helen Keller National Center for Deaf-Blind Youths and Adults shall seek to recover from States, private insurers, and other participating public and private agencies the costs of services provided to individuals by the Center.

(e) Authorization of appropriations

There are authorized to be appropriated to carry out this section such sums as may be necessary for each fiscal year beginning before October 1, 1982.

(Pub. L. 93-112, title III, § 313, as added Pub. L. 95-602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2974.)

PRIOR PROVISIONS

Provisions similar to those comprising this section and authorizing appropriations for fiscal years ending June 30, 1974, June 30, 1975, June 30, 1976, Sept. 30, 1977, and Sept. 30, 1978, for the establishment of the Helen Keller National Center for Deaf-Blind Youths and Adults were contained in former section 305 of Pub. L. 93-112, title III, Sept. 26, 1973, 87 Stat. 383, as amended by Pub. L. 93-516, title I, § 107, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93-651, title I, § 107, Nov. 21, 1974, 89 Stat. 2-4; Pub. L. 94-230, §§ 7, 11(b)(10), Mar. 15, 1976, 90 Stat. 212, 213; Pub. L. 94-288, §§ 1, 2, May 21, 1976, 90 Stat. 520, which was classified to former section 775 of this title. Section 109(1) of Pub. L. 95-602 redesignated this former section 305 as section 313 of Pub. L. 93-112. Section 313 of Pub. L. 93-112, as amended generally by section 116(2) of Pub. L. 95-602, is classified to this section.

Prior similar provisions were contained in former section 42a of this title.

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(0) of Pub. L. 97-35, set out as a note under section 701 of this title.

SECTION REFERRED TO IN OTHER SECTIONS. This section is referred to in section 777 of this title. § 777d. Reader services for blind persons (a) Grants

The Commissioner may award grants to States or to private nonprofit agencies or orga

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Any Bate which receives a grant under this vection wall adminster the reading services for WHEN WAN grant is awarded through the desigrated Plate unit of the State.

(b) Application

No grant shall be awarded under this section unless the applicant has submitted an application to the Becretary in such form, at such time, and containing such information as the Hecretary may require.

(e) Definition

For purposes of this section, the term "reading services" means

(1) the employment of persons who, by reading aloud, can afford blind persons ready access to printed information;

(2) the transcription of printed information into braille or sound recordings if such transcription is performed pursuant to individual requests from blind persons for such services; (3) the storage and distribution of braille materials and sound recordings;

(4) the purchase, storage, and distribution of equipment and materials necessary for the production, duplication, and reproduction of braille materials and sound recordings;

(5) the purchase, storage, and distribution of equipment to blind persons to provide them with individual access to printed materials by mechanical or electronic means; and

(6) radio reading services for blind persons. (Pub. L. 93 112, title III, § 314, as added Pub. L. 95-602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2975.)

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(m) of Pub. L. 97 35, set out as a note under section 701 of this title.

#Te hoerpreter services for deaf

The Commissioner may make grants to designated State units to establish within each State a program of zerpreter services including inserpreter referral services) which shall be made available to deaf individuals and to any public agency or private nonprofit organization involved in the delivery of assistance or services to deaf indivdak.

(b) Application

No grant may be made under this section unless an application therefor is submitted to the Commissioner in such form, at such times, and in accordance with such procedures as the Commissioner may require. Such application

shall

(1) provide assurances that the program to be conducted under this section will be operated in areas within the State which are specifically selected to provide convenient locations for the provision of services to the maximum number of deaf individuals feasible;

(2) include a plan which describes, in sufficient detail, the manner in which interpreter referral services will be coordinated with the information and referral programs required under section 721(a)(22) of this title;

(3) provide assurances that the program will seek to enter into contractual or other arrangements, to the extent appropriate, with private nonprofit organizations comprised of primarily hearing-impaired individuals (or private nonprofit organizations which have the primary purpose of providing assistance or services to hearing-impaired individuals) for the operation of such programs;

(4) provide that any interpreter participating in the program shall be required to meet minimum standards established by the Commissioner; and

(5) contain such other information as the Secretary may require.

Any designated State unit receiving funds under this section may provide interpreter services, without cost, for a period of not to exceed one year to any public agency or private nonprofit organization which provides assistance to deaf individuals. At the end of such period, agencies or organizations receiving such services through referrals shall reimburse the designated State unit for the costs of such services. Funds may also be used for the purchase or rental of equipment necessary to provide assistance or services to deaf individuals.

(d) Restrictions on use of funds

Funds provided to any designated State unit for any program under this section shall not be used for any administrative or related costs, nor shall such funds be used for assistance to deaf individuals who are receiving rehabilitation services under any other provision of this chapter.

(Pub. L. 93-112, title III, § 315, as added Pub. L. 95-602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2975.)

TRANSFER OF FUNCTIONS

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

§ 777f. Recreational programs

The Commissioner, subject to the provisions of section 776 of this title, shall make grants to State and public nonprofit agencies and organizations for paying part or all of the cost of initiation of recreation programs to provide handicapped individuals with recreational activities to aid in the mobility and socialization of such individuals. The activities authorized to be assisted under this section may include, but are not limited to, scouting and camping, 4-H activities, sports, music, dancing, handicrafts, art, and homemaking. No grant may be made under the provisions of this section unless the agreement with respect to such grant contains provisions to assure that, to the extent possible, existing resources will be used to carry out the activities for which the grant is to be made, and that with respect to children the activities for which the grant is to be made will be conducted after school.

(Pub. L. 93-112, title III, § 316, as added Pub. L. 95-602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2976.)

§ 780. Establishment of National Council on the Handicapped

(a) Membership

There is established with the Department of Education a National Council on the Handicapped (hereinafter in this subchapter referred to as the "National Council"), which shall be composed of fifteen members appointed by the President, by and with the advice and consent of the Senate. The members of the National Council shall be appointed so as to be representative of handicapped individuals, national organizations concerned with the handicapped, providers and administrators of services to the handicapped, individuals engaged in conducting medical or scientific research relating to handicapped individuals, business concerns, and labor organizations. At least five members of the National Council shall be handicapped individuals, or parents or guardians of handicapped individuals.

(b) Term of office

(1) Members of the National Council shall be appointed to serve for terms of three years, except that of the members first appointed(A) five shall serve for terms of one year, (B) five shall serve for terms of two years, and

(2) Members may be reappointed and may serve after the expiration of their terms until their successors have taken office.

(3) Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. (c) Chairman; meetings

The President shall designate the Chairman from among the members appointed to the National Council. The National Council shall meet at the call of the Chairman, but not less often than four times each year.

(d) Quorum; vacancies

Eight members of the National Council shall constitute a quorum and any vacancy in the National Council shall not affect its power to function.

(Pub. L. 93-112, title IV, § 400, as added Pub. L. 95-602, title I, § 117, Nov. 6, 1978, 92 Stat. 2977, and amended Pub. L. 96-88, title III, § 301(a)(4)(A), title V, § 507, Oct. 17, 1979, 93 Stat. 678, 692.)

PRIOR PROVISIONS

A prior section 780, Pub. L. 93-112, title IV, § 400, Sept. 26, 1973, 87 Stat. 385, which related to the general administrative powers of the Secretary under this chapter, was repealed by Pub. L. 95-602, title I, § 117, Nov. 6, 1978, 92 Stat. 2977.

TRANSFER OF FUNCTIONS

"Department of Education" was substituted for "Department of Health, Education, and Welfare" in subsec. (a) pursuant to sections 301(a)(4)(A) and 507 of

Pub. L. 96-88, which are classified to sections 3441(a)(4)(A) and 3507 of Title 20, Education.

§ 781. Duties of National Council

The National Council shall

(1) establish general policies for, and review the operation of, the National Institute of Handicapped Research;

(2) provide advice to the Commissioner with respect to the policies of and conduct of the Rehabilitation Services Administration;

(3) advise the Commissioner, the appropriate Assistant Secretary of the Department of Education, and the Director of the National Institute of Handicapped Research on the development of the programs to be carried out under this chapter;

(4) review and evaluate on a continuing basis all policies, programs, and activities concerning handicapped individuals and persons with developmental disabilities conducted or assisted by Federal departments and agencies, including programs established or assisted under this chapter or under the Developmental Disabilities Assistance and Bill of Rights Act [42 U.S.C. 6000 et seq.], in order to assess the effectiveness of such policies, programs, and activities in meeting the needs of handicapped individuals;

(5) make recommendations to the Secretary, the Commissioner, and the Director of the National Institute of Handicapped Research respecting ways to improve research concerning handicapped individuals, the administration of services for handicapped individuals, and the methods of collecting and disseminating the findings of such research, and make recommendations for facilitating the implementation of programs based upon such findings; and

(6) submit not later than March 31 of each year (beginning in 1980) an annual report to the Secretary, the Congress, and the President, containing (A) a statement of the current status of research concerning the handicapped in the United States, (B) a review of the activities of the Rehabilitation Services Administration and the National Institute of Handicapped Research, and (C) such recommendations respecting the items described in clauses (A) and (B) as the National Council considers appropriate.

(Pub. L. 93-112, title IV, § 401, as added Pub. L. 95-602, title I, § 117, Nov. 6, 1978, 92 Stat. 2977, and amended Pub. L. 96-88, title III, § 301(a)(4)(A), title V, § 507, Oct. 17, 1979, 93 Stat. 678, 692.)

REFERENCES IN TEXT

The Developmental Disabilities Assistance and Bill of Rights Act, referred to in par. (4), is title I of Pub. L. 88-164, as added by Pub. L. 94-103, Oct. 4, 1975, 89 Stat. 496, and amended, which is classified generally to chapter 75 (§ 6000 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6000 of Title 42 and Tables.

PRIOR PROVISIONS

A prior section 781, Pub. L. 93-112, title IV, 401, Sept. 26, 1973, 87 Stat. 386, which related to program and project evaluation, was repealed by Pub. L. 95-602, title I, § 117, Nov. 6, 1978, 92 Stat. 2977.

TRANSFER OF FUNCTIONS

"Department of Education" was substituted for "Department of Health, Education, and Welfare" in par. (3) pursuant to sections 301(a)(4)(A) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(4)(A) and 3507 of Title 20, Education.

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, and the National Institute of Handicapped Research and the Director 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.

§ 782. Compensation of National Council Members (a) Rate

Members of the National Council shall be entitled to receive compensation at a rate equal to the rate of basic pay payable for grade GS-18 of the General Schedule under section 5332 of title 5, including traveltime, for each day they are engaged in the performance of their duties as members of the National Council.

(b) Full-time officers or employees of United States

Members of the National Council who are full-time officers or employees of the United States shall receive no additional pay on account of their service on the National Council except for compensation for travel expenses as provided under subsection (c) of this section. (c) Travel expenses

While away from their homes or regular places of business in the performance of services for the National Council, members of the National Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5. (Pub. L. 93-112, title IV, § 402, as added Pub. L. 95-602, title I, § 117, Nov. 6, 1978, 92 Stat. 2978.)

(a) Technical and professional employees

The National Council may appoint, without regard to the provisions of title 5 governing appointments in the competitive service, or the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, up to seven technical and professional employees to assist the National Council to carry out its duties. (b) Temporary or intermittent services

The National Council may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5 (but at rates for individuals not to exceed the daily

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United States Code, Volume 12