Pub. L. 102-569, tit. I, subtit. B, sec. 134

INNOVATION AND EXPANSION GRANTS.

EnactedYear: 1992Length: 1,725 wordsOfficial source
SEC. 134. INNOVATION AND EXPANSION GRANTS. (a) Amendment.— Part C of title I (29 U.S.C. 740 et seq.) is amended to read as follows: “Part C—Innovation and Expansion Grants “SEC. 120. STATE ELIGIBILITY. “Effective October 1, 1993, any State desiring to receive assistance under this part and part B of this title shall prepare and submit to the Commissioner a statewide strategic plan for developing and using innovative approaches for achieving long-term success in expanding and improving vocational rehabilitation services, including supported employment services, provided under the State plan submitted under section 101 and the supplement to the State plan submitted under part C of title VI. “SEC. 121. CONTENTS OF STRATEGIC PLANS. “(a) Purpose and Policy.— The strategic plan shall be designed to achieve the purpose and policy of this title and carry out the State plan and the supplement to the State plan submitted under part C of title VI. “(b) Contents.— The strategic plan shall include— “(1) a statement of the mission, philosophy, values, and principles of the vocational rehabilitation program in the State; “(2) specific goals and objectives for expanding and improving the system for providing the vocational rehabilitation program; “(3) specific multifaceted and systemic approaches for accomplishing the objectives, including interagency coordination 106 STAT. 4393and cooperation, that build upon state-of-the-art practices and research findings and that implement the State plan and the supplement to the State plan submitted under part C of title VI; “(4) a description of the specific programs, projects, and activities funded under this part and now the programs, projects, and activities accomplish the objectives; and “(5) specific criteria for determining whether the objectives have been achieved, an assurance that the State will conduct an annual evaluation to determine the extent to which the objectives have been achieved, and, if specific objectives have not been achieved, the reasons that the objectives have not been achieved and a description of alternative approaches that will be taken. “SEC. 122. PROCESS FOR DEVELOPING STRATEGIC PLANS. “(a) Period and Updates.— The strategic plan shall cover a 3-year period and shall be updated on an annual basis to reflect actual experience over the previous year and input from the State Rehabilitation Advisory Council established under section 105, individuals with disabilities, and other interested parties. “(b) Recommendations.— Prior to developing the strategic plan, the State shall hold public forums and meet with and receive recommendations from members of the State Rehabilitation Advisory Council and the Statewide Independent Living Council established under section 705. “(c) Consideration of Recommendations.— The State shall consider the recommendations and, if the State rejects the recommendations, shall include a written explanation of the rejection in the strategic plan. “(d) Procedure.— The State shall develop a procedure for ensuring ongoing comment from the councils described in subsection (b) as the plan is being implemented. “(e) Dissemination.— The State shall widely disseminate the strategic plan to individuals with disabilities, disability organizations, rehabilitation professionals, and other interested persons. “SEC. 123. USE OF FUNDS. “A State may use funds made available under this part, directly or by grant, contract, or other arrangement, to carry out— “(1) programs to initiate and expand employment opportunities for individuals with severe disabilities in integrated settings that allow for the use of on-the-job training to promote the objectives of title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.); “(2) programs or activities to improve the provision of, and expand, employment services in integrated settings to individuals with sensory, cognitive, physical, and mental impairments who have traditionally not been served by the State vocational rehabilitation agency; “(3) programs and activities to maximize the ability of individuals with disabilities to use rehabilitation technology in employment settings; “(4) programs and activities that— “(A) assist employers in accommodating, evaluating, training, or placing individuals with disabilities in the workplace of the employer consistent with provisions of 106 STAT. 4394this Act and title I of the Americans with Disabilities Act of 1990; and “(B) may include short-term technical assistance or other effective strategies; “(5) programs and activities that expand and improve the extent and type of client involvement in the review and selection of the training and employment goals of the client; “(6) programs and activities that expand and improve opportunities for career advancement for individuals with severe disabilities; “(7) programs, projects, and activities designed to initiate, expand, or improve working relationships between vocational rehabilitation services provided under this title and independent living services provided under title VII; “(8) programs, projects, and activities designed to improve functioning of the system for delivering vocational rehabilitation services and to improve coordination and working relationships with other State and local agencies, business, industry, labor, community rehabilitation programs, and centers for independent living, including projects designed to— “(A) increase the ease of access to, timeliness of, and quality of vocational rehabilitation services through the development and implementation of policies, procedures, and systems and interagency mechanisms for providing vocational rehabilitation services; “(B) improve the working relationships between State vocational rehabilitation agencies, and other State agencies, centers for independent living, community rehabilitation programs, educational agencies involved in higher education, adult basic education, and continuing education, and businesses, industry, and labor organizations, in order to create and facilitate cooperation in— “(i) planning and implementing services; and “(ii) the development of an integrated system of community-based vocational rehabilitation service that includes appropriate transitions between service systems; and “(C) improve the ability of professionals, clients, advocates, business, industry, and labor to work in cooperative partnerships to improve the quality of vocational rehabilitation services and job and career opportunities for individuals with disabilities; “(9) support efforts to ensure that the annual evaluation of the effectiveness of the program in meeting the goals and objectives set forth in the State plan, including the system for evaluating the performance of rehabilitation counselors, coordinators, and other personnel used in the State, facilitates and does not impede the accomplishment of the purpose and policy of this title, including serving, among others, individuals with the most severe disabilities; “(10) support the initiation, expansion, and improvement of a comprehensive system of personnel development; “(11) support the provision of training and technical assistance to clients, business, industry, labor, community rehabilitation programs, and others regarding the implementation of the amendments made by the Rehabilitation Act Amendments 106 STAT. 4395of 1992, of title V of this Act, and of the Americans with Disabilities Act of 1990; and “(12) support the funding of the State Rehabilitation Advisory Council and the Statewide Independent Living Council established under section 705. “SEC. 124. ALLOTMENTS AMONG STATES. “(a) In General.— “(1) States.— “(A) Population basis.—Except as provided in subparagraph (B), from sums appropriated for each fiscal year to carry out this part (not including sums used in accordance with section 101(a)(34)(B)), the Commissioner shall make an allotment to each State whose State plan has been approved under section 101 of an amount bearing the same ratio to such sums as the population of the State bears to the population of all States. “(B) Minimums.—Subject to the availability of appropriations to carry out this part, the allotment to any State under subparagraph (A) shall be not less than $200,000 or one-third of one percent of the sums made available for the fiscal year for which the allotment is made, whichever is greater, and the allotment of any State under this section for any fiscal year that is less than $200,000 or one-third of one percent of such sums shall be increased to the greater of the two amounts. “(2) Certain territories.— “(A) In general.—For the purposes of this subsection, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau shall not be considered to be States. “(B) Allotment.—Each jurisdiction described in subparagraph (A) shall be allotted not less than one-eighth of one percent of the amounts made available for purposes of this part for the fiscal year for which the allotment is made, except that the Republic of Palau may receive such allotment under this section only until the Compact of Free Association with Palau takes effect. “(3) Adjustment for inflation.—For purposes of determining the minimum amount of an allotment under paragraph (1)(B), the amount $200,000 shall, in the case of such allotments for fiscal year 1994 and subsequent fiscal years, be increased to the extent necessary to offset the effects of inflation occurring since October 1992, as measured by the percentage increase in the Consumer Price Index For All Urban Consumers (U.S. city average) during the period ending on April 1 of the fiscal year preceding the fiscal year for which the allotment is to be made. “(b) Proportional Reduction.—Amounts necessary to provide allotments to States in accordance with subsection (a)(1)(B) as increased under subsection (a)(3), or to provide allotments in accordance with subsection (a)(2)(B), shall be derived by proportionately reducing the allotments of the remaining States under subsection (a)(1), but with such adjustments as may be necessary to prevent the allotment of any such remaining States from being thereby reduced to less than the greater of $200,000 or one-third of one percent of the sums made available for purposes of this part for 106 STAT. 4396the fiscal year for which the allotment is made, as increased in accordance with subsection (a)(3). “(c) Reallotment.—Whenever the Commissioner determines that any amount of an allotment to a State for any fiscal year will not be expended by such State for carrying out the provisions of this part, the Commissioner shall make such amount available for carrying out the purposes of this part to one or more of the States that the Commissioner determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the State (as determined under the preceding provisions of this section) for such year.”. (b) Technical Amendment.—The table of contents relating to the Act is amended by striking the items relating to part C of title I and inserting the following: “Part C— Innovation and Expansion Grants “Sec. 120. State eligibility. “Sec. 121. Contents of strategic plans. “Sec. 122. Process for developing strategic plans. “Sec. 123. Use of funds. “Sec. 124. Allotments among States.”.
Pub. L. 102-569, tit. I, subtit. B, sec. 134: INNOVATION AND EXPANSION GRANTS. | Justis AI