Pub. L. 100-630, tit. I, sec. 202

VOCATIONAL REHABILITATION SERVICES.

EnactedYear: 1988Length: 1,216 wordsOfficial source
SEC. 202. VOCATIONAL REHABILITATION SERVICES. (a) Authorization of Appropriations.— Section 100 of the Rehabilitation Act of 1973 (29 U.S.C. 720) is amended— (1) in subsection (b), by striking paragraph (3); (2) in subsection (c)— (A) by striking “price index” each place it appears and inserting “Consumer Price Index”; and (B) by striking “subsection” in paragraph (3) and inserting “section”; and (3) by amending subsection (d)(1) to read as follows: “(d) (1) (A) Unless the Congress in the regular session which ends prior to the beginning of the terminal fiscal year— “(i) of the authorization of appropriations for the program authorized by the State grant program under part B of this title; or “(ii) of the duration of the program authorized by the State grant program under part B of this title; has passed legislation which would have the effect of extending the authorization or duration (as the case may be) of such program, such authorization is automatically extended for one additional year for the program authorized by this title. “(B) The amount authorized to be appropriated for the additional fiscal year described in subparagraph (A) shall be an amount equal to the amount appropriated for such program for fiscal year 1991, or the amount authorized to be appropriated for such program for fiscal year 1991, whichever is higher, plus the amount of the Consumer Price Index addition determined under subsection (c) for the immediately preceding fiscal year.”. (b) State Plans.— Section 101(a) of the Rehabilitation Act of 1973 (29 U.S.C. 721(a)) is amended— (1) in paragraph (1)(A)(i)— (A) by inserting a comma after “where”; (B) by inserting a comma after “law”; and (C) by striking the comma following “adult blind”; (2) in paragraph (4), by striking “him” and inserting “the Commissioner”; (3) in paragraph (5)(A), by striking “individuals with handicaps with the most severe handicaps” and inserting “individuals with the most severe handicaps,”; 102 STAT. 3305 (4) in paragraph (5)(A)(i). by inserting a comma after “provided”; (5) in paragraph (5)(A)(ii), by inserting a comma after “goals” the first place it appears; (6) in paragraph (7)(B), by striking “utilized in” and inserting “utilized therein”; (7) in paragraph (9)— (A) by striking “him” and inserting “the Commissioner”; and (B) by striking “his” and inserting “the Commissioner’s”; (8) in paragraph (13)(A)— (A) by inserting “who is” before “disabled”; and (B) by striking “his” and inserting “the employee’s”; (9) in paragraph (13)(B), by striking “and the proximate cause” and inserting “if the proximate cause”; (10) by amending paragraph (15) to read as follows: “provide for continuing statewide studies of the needs of individuals with handicaps and how these needs may be most effectively met, including— “(A) conducting a full needs assessment for serving individuals with severe handicaps; “(B) an assessment of the capacity and condition of rehabilitation facilities, plans for improving such facilities, and policies for the use thereof by the State agency; and “(C) review of the efficacy of the criteria employed with respect to ineligibility determinations described in paragraph (9)(C) of this subsection with a view toward the relative need for services to significant segments of the population of individuals with handicaps and the need for expansion of services to those individuals with the most severe handicaps;”; and (11) in paragraph (20), by striking “handicapped American Indians” and inserting “American Indians with handicaps”. (c) Individualized Written Rehabilitation Program.— Section 102 of the Rehabilitation Act of 1973 (29 U.S.C. 722) is amended— (1) in the last sentence of subsection (a), by striking “including recourse” and all that follows through “this section,” and inserting “including, where appropriate, recourse to the processes set forth in subsections (b)(2) and (d) of this section, and the availability of services provided under section 112,”; (2) in subsection (b)(1)(H), by striking “severely handicapped individuals” and inserting “individuals with severe handicaps”; (3) in subsection (b)(2)— (A) by inserting a comma after “annually”; and (B) by inserting a comma after “(or”; and (4) in subsection (c)(2), by inserting “is” after “thus”. (d) Scope of Vocational Rehabilitation Services.— Section 103 of the Rehabilitation Act of 1973 (29 U.S.C. 723) is amended— (1) in subsection (a)(1)— (A) by striking the comma after “related services”; and (B) by striking “where appropriate,” and all that follows through “or both;” and inserting the following: “where appropriate— “(A) an evaluation by personnel skilled in rehabilitation engineering technology; and “(B) an examination by a physician skilled in the diagnosis and treatment of mental or emotional disorders, or by102 STAT. 3306 a licensed psychologist in accordance with State laws and regulations, or both;”; and (2) in subsection (a)(2), by striking “individuals maintain” and inserting “individuals to maintain”. (e) Payments to States for Basic Vocational Rehabilitation Services.— (1) Section 111 of the Rehabilitation Act of 1973 (29 U.S.C. 731) is amended by striking “Sec. 111. Sec. 111.” and inserting “Sec. 111.”. (2) (A) Section 111(a)(2)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 731(a)(2)(B)) is amended to read as follows: “(B) For fiscal year 1990 and each fiscal year thereafter, the amount otherwise payable to a State for a fiscal year under this section shall be reduced by the amount by which expenditures from non-Federal sources under the State plan under this title for the previous fiscal year are less than the average of the total of such expenditures for the three fiscal years preceding that previous fiscal year.”. (B) The amendment made by subparagraph (A) shall take effect on October 1, 1989 (3) Section 111(b)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 731(b)(1) is amended by striking the comma following “such other investigation”. (f) Client Assistance Program.— Section 112 of the Rehabilitation Act of 1973 (29 U.S.C. 732) is amended— (1) in subsection (a), by striking “handicapped individuals” in the last sentence and inserting “individuals with handicaps”; (2) in subsection (b), by striking the comma following “client assistance program”; (3) by adding at the end of subsection (c) the following new paragraph: “(4) For the purpose of this subsection, the term ‘Governor’ means the chief executive of the State.”; (4) in subsection (g)(1), by striking the comma after “consultants of”; (5) in subsection (g)(4), by striking “his” and inserting “the Secretary’s”; (6) in subsection (h)(3)(C), by striking “this reauthorization” each place it appears and inserting “the date of the enactment of the Rehabilitation Amendments of 1984”; and (7) in subsection (i), by inserting a comma after “1991”. (g) State Allotments.— Section 120(a) of the Rehabilitation Act of 1973 (29 U.S.C. 740(a)) is amended by striking “(1)”. (h) Payments to States for Innovation and Expansion.— Section 121(a)(3) of the Rehabilitation Act of 1973 (29 U.S.C. 741(a)(3)) is amended by striking “handicapped youth and adults” and inserting “both youths with handicaps and adults with handicaps”. (i) Vocational Rehabilitation Services Grants.—Section 130 of the Rehabilitation Act of 1973 (29 U.S.C. 750) is amended— (1) in the first sentence of subsection (a)— (A) by inserting a comma after “part”; and (B) by striking “handicapped American Indians” and inserting “American Indians with handicaps”; (2) in subsection (b)(1)(B), by striking “handicapped American Indians” and inserting “American Indians with handicaps”; and (3) by striking subsection (d) and redesignating subsection (e) as subsection (c). 102 STAT. 3307 (j) Study op Needs of American Indians With Handicaps.— Section 132 of the Rehabilitation Act of 1973 (29 US.C. 751) is redesignated as section 131.
Pub. L. 100-630, tit. I, sec. 202: VOCATIONAL REHABILITATION SERVICES. | Justis AI