Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978

(Conference report filed in House, H. Rept. 95-1780)

Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments - =Title I: Amendments to the Rehabilitation Act of 1973= - Authorizes for basic State vocational rehabilitation services: (1) appropriations of $808,000,000 for fiscal year 1979, and (2) appropriations for fiscal years 1980, 1981, and 1982 in accordance with the Consumer Price Index for all Urban Consumers, with specified ceilings. Changes the formula for the computation of State allotments for basic vocational services. Provides that State plans for such services need be submitted once every three years, instead of annually. Requires such plans to: (1) contain assurances that rehabilitation facilities comply with the Architectural Barriers Act of 1968; (2) provide for authority to contract for on-the-job training with profitmaking organizations in certain instances; (3) provide for vocational rehabilitative services to handicapped American Indians; and (4) provide for the establishment and maintenance of information and referral programs so that the handicapped will be aware of the various Federal and State programs which would benefit them.

Changes procedures for the withholding of State grants for failure of the State plan to comply with Federal requirements or for failure of the administration of the plan to comply with the plan's own requirements. Requires the directors of any State vocational rehabilitative agency to establish procedures for the review, upon the request of the handicapped individual, of determinations made by the rehabilitation counselor or coordinator.

Allows State vocational rehabilitation services to include (1) the use of existing telecommunications systems which have the potential for improving service delivery methods and (2) the use of services providing recorded material for the blind and captioned material for the deaf.

Modifies the client assistance provisions to: (1) remove the numerical limits on client assistance projects; (2) authorize increased appropriations; and (3) require such projects to help handicapped individuals to pursue legal, administrative, and other appropriate remedies under this Act.

Establishes a new program of grants to authorize the Commissioner of the Rehabilitation Services Administration to pay to the governing bodies of Indian tribes on reservations 90 percent of the costs of vocational rehabilitation services for handicapped American Indians residing on such reservations.

Establishes a National Institute of Handicapped Research within the Department of Health, Education, and Welfare to be responsible for: (1) administering existing programs of rehabilitation research and the Helen Keller National Center for Deaf-Blind Youths and Adults; (2) disseminating information to public and private organizations; (3) conducting educational, training, and informational programs; and (4) reporting to Congress with respect to the implementation and conduct of such programs and activities. Directs the Institute to develop within 18 months of enactment and in consultation with specified officials and agencies a long-range plan on research activities affecting handicapped individuals.

Establishes an Interagency Committee on Handicapped Research to coordinate rehabilitation programs among Federal departments and agencies.

Transfers responsibility for establishing and supporting research and training centers from the Commissioner of the Rehabilitation Services Administration to the Institute.

Authorizes the Institute to make grants for additional projects, including the use of existing telecommunications systems which have the potential for substantially improving delivery methods, research relating to the rehabilitation of handicapped children and of handicapped individuals aged 60 or older, and certain model research and demonstration projects.

Revises the program of guarantees of loans for the construction of rehabilitation facilities.

Authorizes the Commissioner to make training grants for medical, social, and psychological rehabilitation in addition to vocational rehabilitation.

Authorizes the Secretary of Health, Education, and Welfare, through the Office of Information and Resources for the Handicapped, to award grants to public or private nonprofit agencies or organizations to establish or support interpreter training programs.

Authorizes the Commissioner to make grants to the States to establish and operate comprehensive rehabilitation centers which shall provide a broad range of specified services to handicapped individuals.

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

Authorizes the Commissioner to award grants to: (1) States or to private nonprofit agencies or organizations of national scope to provide reading services to blind persons who are not otherwise eligible for such services through other programs; (2) designated State units to establish within each State a program of interpreter services for deaf individuals and nonprofit organizations which serve deaf individuals; and (3) States and public nonprofit organizations for paying toward the cost of recreation programs for handicapped individuals.

Replaces the former Title IV of the Rehabilitation Act of 1973 with a new Title IV "National Council on the Handicapped", which establishes within the Department of Health, Education, and Welfare a National Council on the Handicapped. Sets forth the duties of the National Council, including establishing general policies for the National Institute of Handicapped Research and reviewing and evaluating on a continuing basis all policies, programs, and activities concerning handicapped individuals.

Adds to the Architectural and Transportation Barriers Compliance Board 11 members, to be appointed by the President from the general public, of whom five must be handicapped individuals. Authorizes the Board to: (1) bring a civil action in any appropriate United States district court to enforce any final order of the Board; and (2) provide technical assistance to any person or entity affected by regulations with respect to overcoming architectural, transportation, or communication barriers.

Makes available to qualified handicapped individuals who have a complaint under the provisions of this Act providing for special consideration for positions on the President's Committee on Employment of the Handicapped and for nondiscrimination under programs receiving Federal funds, certain remedies, procedures, and rights set forth in the Civil Rights Act of 1964, as well as the allowance of reasonable attorney fees.

Authorizes the Secretary of Health, Education, and Welfare to provide technical assistance to (1) rehabilitation facilities and (2) nonprofit groups for the removal of architectural, transportation, and communication barriers. Allows the Secretary, with the concurrence of the Board and the President, to provide financial assistance for such purposes.

Establishes an Interagency Coordinating Council to develop consistent policies among Federal agencies responsible for enforcing Title V of the Rehabilitation Act.

Authorizes the Secretary to establish a central clearinghouse for information and resource availability for handicapped individuals which shall provide information and data regarding: (1) the location, provision, and availability of services and programs for handicapped individuals; (2) research and recent medical and scientific developments bearing on handicapping conditions; and (3) the current numbers of handicapped individuals.

=Title II: Community Service Pilot Programs; Projects with Industry= - Adds to the Rehabilitation Act of 1973 a new title: "Title VI: Employment Opportunities for Handicapped Individuals - Employment Opportunities for Handicapped Individuals Act." Authorizes, under such Title, the Secretary of Labor to establish a community service employment pilot program for handicapped individuals with both public and private employers. Authorizes the Secretary to make grants to handicapped individuals to enable them to establish and operate their own businesses.

=Title III: Comprehensive Services for Independent Living= - Adds to the Rehabilitation Act of 1973 a new title: "Title VII: Comprehensive Services for Independent Living." Authorizes, under such Title, the Commissioner of the Rehabilitation Services Administration to make grants (supplementary to grants under Title I of the Act) to assist States in providing independent living services designed to meet the needs of individuals whose disabilities are so severe that they do not presently have the potential for gainful employment but may benefit from vocational rehabilitation services which will enable them to live and function independently. Includes under such authority grants to States for the provision of independent living services to older blind individuals.

=Title IV: Special Studies and Miscellaneous Provisions= - Authorizes the Secretary of Health, Education, and Welfare to make grants and contracts 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. Requires the submission of a report to Congress on such projects within four months of completion of the project.

Directs the Secretary to conduct studies of: (1) the impact of vocational rehabilitation services provided under the Rehabilitation Act on recipients of disability payments under certain provisions of the Social Security Act; (2) the special problems and needs of handicapped individuals who reside in rural areas; and (3) ways to structure Federal programs to eliminate disincentives for handicapped individuals receiving benefits to obtain and continue in employment.

=Title V: Amendments to the Developmental Disabilities Services and Facilities Construction Act= - Developmental Disabilities Assistance and Bill of Rights Act - Amends the Developmental Disabilities Services and Facilities Construction Act to redefine "developmental disability" and to require the Secretary of Health, Education, and Welfare to submit a special report to Congress concerning the impact of such modification. Defines various services, including "priority services", "child development services", and "alternative community living arrangement services", and the term "satellite centers.

Discontinues the National Advisory Council on Services and Facilities of the Developmentally Disabled.

Directs the Secretary to develop a comprehensive system for evaluation of services provided to persons with developmental disabilities through programs assisted under this Title not later than October 1, 1979.

Establishes minimum grants to each State of $50,000 or the amount received by the State in the previous fiscal year for protection and advocacy systems.

Specifies the functions of university affiliated facilities. Directs the Secretary to establish, within six months of enactment, standards for such facilities.

Consolidates and reorganizes the conditions which a State plan for serving persons with developmental disabilities must meet to be approved. Enumerates additional requirements for such State plans, including: (1) assurances that facilities used in connection with the delivery of services assisted under the plan comply with the standards established according to the Architectural Barriers Act of 1968; and (2) assurances that the State has undertaken affirmative steps to assure participation of individuals representative of the population.

Modifies the membership requirements for the State Planning Councils. Authorizes the Secretary to make special project grants for: (1) demonstrations for establishing programs to expand or improve protection and advocacy services; and (2) developing innovative methods to attract professionals to serve in rural areas in the habilitation of persons with developmental disabilities.