Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments
PL 95-602 (H.R.12467), enacted 11/06/1978

PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2955 
Public Law 95-602 
95th Congress 
An Act 
To amend the Rehabilitation Act of 1973 to extend certain programs established 
in such Act, to establish a community service employment program for handi-
capped individuals, and to provide comprehensive services for independent liv-
ing for handicapped individuals, to amend the Developmental Disabilities 
Services and Facilities Construction Act to revise and extend the programs 
under that Act, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That (a) this Act 
may be cited as the "Kehabilitation, Comprehensive Services, and 
Developmental Disabilities Amendments of 1978". 
TITLE I—AMENDMENTS TO THE REHABILITATION ACT 
OF 1973 
VOCATIONAL REHABILITATION" SERVICES; AUTHORIZATION OP APPROPRIA-
TIONS; ALLOTMENTS 
SEC. 101. (a) Section 100(b) of the Rehabilitation Act of 1973 is 
amended— 
(1) in subsection (b) (1), by adding at the end the following: 
"There is further authorized to be appropriated for such purpose 
$808,000,000 for the fiscal year ending September 30,1979, and the 
amount determined under subsection (c) for the three succeeding 
fiscal years but in no event shall the amount appropriated be 
greater than $880,000,000 for the fiscal year ending September 30, 
1980, $945,000,000 for the fiscal year ending September 30, 1981, 
and $972,000,000 for the fiscal year ending September 30, 1982."; 
(2) by amending subsection (b) (2) to read as follows: 
"(2) For the purpose of allotments under section 120(a) (1), there 
are authorized to be appropriated $45,000,000 for the fiscal year ending 
September 30, 1979, $50,000,000 for the fiscal year ending Septem-
ber 30,1980, $55,000,000 for the fiscal year ending September 30, 1981, 
and $60,000,000 for the fiscal year ending September 30, 1982. There 
are further authorized to be appropriated for such purpose for each 
such year such additional sums as the Congress may determine to be 
necessary."; and 
(3) by adding at the end th& following new paragraph: 
"(3) For the purpose of making grants to Indian tribes under part 
D of this title, there are authorized to be appropriated for the fiscal 
year ending September 30,1979, and for each of the three fiscal years 
thereafter, in addition to any other amounts authorized to be appro-
priated under this section, such sums as may be necessary for such 
fiscal year, but not more than an amount equal to 1 percent of the 
amount appropriated for that fiscal year under paragraph (1) of this 
subsection.". 
(b) Section 100 of the Rehabilitation Act of 1973 is amended by 
adding at the end the following new subsection: 
"(c) (1) No later than November 15 of each fiscal year (beginning 
with the fiscal year 1979), the Secretary of Labor shall publish in the 
Federal Register the percentage change in the price index published 
Nov. 6, 1978 
[H.R. 12467] 
Rehabilitation, 
Comprehensive 
Services, and 
Developmental 
Disabilities 
Amendments of 
1978. 
29 u s e 701 note. 
Federal grants. 
29 u s e 720. 
29 u s e 740. 
Indian tribes. 
Post, p. 2961. 
Percentage 
change in price 
index, 
publication in 
Federal Register. 
92 STAT. 2956 
PUBLIC LAW 95-602—NOV. 6, 1978 
for October of the preceding fiscal year and October of the fiscal year 
in which such publication is made. 
" (2) (A) If in any fiscal year the percentage change published under 
paragraph (1) indicates an increase in the price index, then the 
amount authorized to be appropriated under subsection (b) (1) for 
the subsequent fiscal year is the amount authorized to be appropriated 
for the fiscal year in which the publication is made under paragraph 
(1) increased by such percentage change. 
"(B) If in any fiscal year the percentage change published under 
paragraph (1) does not indicate an increase in the price index, then 
the amount authorized to be appropriated under subsection (b) (1) 
for the subsequent fiscal year is the amount authorized to be appro-
priated for the fiscal year in which the publication is made under 
paragraph (1). 
"Price index". 
"(3) For purposes of this subsection, the term 'price index' means 
the Consumer Price Index for All Urban Consumers, published 
monthly by the Bureau of Labor Statistics.". 
29 use 730. 
(c) Section 110(a) of the Rehabilitation Act of 1973 is amended 
to read as follows: 
"SEC. 110. (a) (1) For each fiscal year beginning before October 1, 
1978, each State shall be entitled to an allotment of an amount bearing 
the same ratio to the amount authorized to be appropriated under 
29 use 720. 
section 100(b) (1) for allotment under this section as the product of 
(A) the population of the State, and (B) the square of its allotment 
percentage, bears to the sum of the corresponding products for all the 
States. 
" (2) (A) For each fiscal year beginning on or after October 1,1978, 
each State shall be entitled to an allotment in an amount equal to the 
amount such State received under paragraph (1) for the fiscal year 
ending September 30, 1978, and an additional amount determmed 
pursuant to subparagraph (B) of this paragraph. 
"(B) For each fiscal year beginning on or after October 1, 1978, 
each State shall be entitled to an allotment, from any amount author-
Ante, p. 2955. 
ized to be appropriated for such fiscal year under section 100(b) (1) 
for allotment under this section in excess of the amount appropriated 
under section 100(b) (1) for the fiscal year ending September 30,1978, 
in an amount equal to the sum of— 
"(i) an amount bearing the same ratio to 50 percent of such excess 
amount as the product Of the population of the State and the square of 
its allotment percentage bears to the sum of the corresponding prod-
ucts for all the States; and 
"(ii) an amount bearing the same ratio to 50 percent of such excess 
amount as the product of the population of the State and its allotment 
percentage bears to the sum of the corresponding products for all the 
States. 
"(3) The sum of the payment to any State (other than Guam, 
American Samoa, the Virgin Islands, the Northern Mariana Islands, 
and the Trust Territory of the Pacific Islands) under this subsection 
for any fiscal year which is less than one-third of 1 percent of the 
amount appropriated under section 100(b) (1), or $3,000,000, which-
ever is greater, shall be increased to that amount, the total of the 
increases thereby required being derived by proportionately reducing 
the allotment to each of the remaining such States under this subsec-
, 
tion, but with such adjustments as may be necessary to prevent the sum 
of the allotments made under this subsection to any such remaining 
State from being thereby reduced to less than that amount.". 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2957 
(d) Section 110(b) of the Rehabilitation Act of 1973 is amended by 29 USC 730. 
inserting "(1)" after "(b)", by striking out the last sentence, and by 
adding at the end thereof the following new paragraphs: 
"(2) If a State receives as its Federal share under section 111(a) 29 USC 731. 
for any fiscal year, as a result of the maintenance of effort provisions 
of such section, less than 80 percent of the expenditure of such State for 
vocational rehabilitation services under the plan for such State 
' 
approved under section 101 (including any amount expended by such 29 USC 721. 
State for the administration of the State plan but excluding any 
amount expended by such State from non-Federal sources for con-
struction under such plan), such State shall be entitled to an additional 
payment for such fiscal year, subject to the same terms and conditions 
applicable to other payments under this part, equal to the difference 
between such payment under section 111(a) and an amount equal to 
80 percent of such expenditure for vocational rehabilitation services. 
"(3) Any payment attributable to the additional payment to a 
State under this subsection shall be made only from appropriations 
specifically made to carry out this subsection, and such additional 
appropriations are hereby authorized.". 
(e) (1) The second sentence of section 120(a) (1) of the Rehabilita- 29 USC 740. 
tion Act of 1973 is amended by striking out "three" and inserting in 
lieu thereof "five". 
(2) The first sentence of section 121(b) of the Rehabilitation Act 29 USC 741. 
of 1973 is amended by striking out "September 30,1979" and inserting 
in lieu thereof "September 30,1982". 
STATE PLANS 
SEC. 102. (a) Section 101(a) of the Rehabilitation Act of 1973 is 29 USC 721. 
amended— 
(1) by striking out "For each fiscal year in which" and all that Submittal to 
follows through the dash and inserting in lieu thereof the follow- Commissioner, 
ing: "In order to be eligible to participate in programs under this 
title, a State shall submit to the Commissioner a State plan for 
vocational rehabilitation services for a three-year period and, upon 
request of the Commissioner, shall make such annual revisions in 
the plan as may be necessary. Each such plan shall—"; 
(2) in paragraph (5) (A) by insertmg after "handicaps" the 
first place it appears the following: "and a description of the 
method to be used to utilize existing rehabilitation facilities to the 
maximum extent feasible"; 
(3) in paragraph (6) by inserting " (A)" after " (6)", by insert-
ing "and" after the semicolon the second place it appears, and by 
adding at the end the following new subparagraph: 
"(B) provide satisfactory assurances that facilities used in connec-
tion with the delivery of services assisted under the plan will comply 
with the Act of August 12,1968, commonly known as the Architectural 
Barriers Act of 1968;"; 
42 USC 4151 
(4) in paragraph (7) by striking out "and" at the end of clause "*'**• 
(A), and by inserting before the semicolon at the end thereof a 
comma and the following: "and (C) provisions relating to the 
establishment and maintenance of minimum standards to assure 
the availability of personnel, to the maximum extent feasible, 
trained to communicate in the client's native language or mode of 
communication" ; 
(5) in clause (C) of paragraph (9) by striking out "under sec-
tion 401" and inserting in lieu thereof "under section 13"; 
92 STAT. 2958 
PUBLIC LAW 95-602—NOV. 6, 1978 
20 use 1401 
note. 
20 use 2301 
note. 
Handicapped 
American 
Indians. 
Post, p. 2961. 
Contracts. 
Post, 2993. 
29 use 721. 
Disbursement of 
funds. 
(6) in paragraph (11) by inserting before the semicolon the 
following: " (specifically including arrangements for the coordina-
tion of services to individuals eligible for services under this Act, 
the Education of the Handicapped Act, and the Vocational Edu-
cation Act)"; 
(7) in paragraph (12) by inserting "(A)" after "(12)", by 
inserting after the semicolon "and", and by adding at the end the 
following new subparagraph: 
"(B) provide (as appropriate) for entering into agreements 
with the operators of rehabilitation facilities for the provision 
of services for the rehabilitation of handicapped individuals;"; 
(8) in paragraph (15) by striking out "(including the State's 
needs for rehabilitation facilities)" and inserting in lieu thereof 
" (including the capacity and condition of rehabilitation facilities, 
plans for improving such facilities, and policies for the use thereof 
by the State agency)"; 
(9) in paragraph (18) by inserting "personnel" before "work-
ing in the field of vocational rehabilitation" and by striking out 
"and" at the end thereof; 
(10) in paragraph (19) by striking out the period and by 
inserting in lieu thereof a semicolon; and 
(11) by adding at the end thereof the following new 
paragraphs: 
"(20) provide satisfactory assurances to the Commissioner 
that, except as otherwise provided in section 130, the State shall 
provide vocational rehabilitation services to handicapped Ameri-
can Indians residing in the State to the same extent as the State 
provides such services to other significant segments of the popu-
lation of handicapped individuals residing in the State; 
"(21) provide that the State agency has the authority to enter 
into contracts with profitmaking organizations for the purpose of 
providing on-the-job training and related programs for handi-
capped individuals under part B of title VI upon a determination 
by such agency that such profitmaking organizations are better 
qualified to provide such rehabilitation services than nonprofit 
agencies and organizations; and 
" (22) provide for the establishment and maintenance of infor-
mation and referral programs (the staff of which shall include, 
to the maximum extent feasible, interpreters for the deaf) in 
sufficient numbers to assure that handicapped individuals within 
the State are afforded accurate vocational rehabilitation infor-
mation and appropriate referrals to other Federal and State 
programs and activities which would benefit them.", 
(b) Section 101(c) of the Vocational Rehabilitation Act of 1973 
is amended—'-
(1) by inserting"(l)"after"(c)"; 
(2) by striking out "(1)" before "the plan" and inserting in 
lieu thereof "(A)"; 
(3) by striking out "(2)" and inserting in lieu thereof "(B)"; 
and 
(4) by adding at the end the following new paragraph: 
"(2) The Commissioner may, in accordance with regulations the 
Secretary shall prescribe, disburse any funds withheld from a State 
under paragraph (1) to any public or nonprofit private organization 
or agency within such State or to any political subdivision of such 
State submitting a plan meeting the requirements of subsection (a). 
The Commissioner may not make any payment under this paragraph 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2959 
29 use 721. 
Determination 
appeal, petition. 
unless the entity to which such payment is made has provided assur-
ances to the Commissioner that such entity will contribute, for purposes 
of carrying out such plan, the same amount as the State would have 
been obligated to contribute if the State received such payment.". 
(c) Section 101(d) of the Kehabilitation Act of 1973 is amended to 
read as follows: 
"(d) (1) Any State which is dissatisfied with a final determination 
of the Commissioner under subsection (b) or (c) may file a petition for 
judicial review of such determination in the United States Court of 
Appeals for the circuit in which the State is located. Such a petition 
may be filed only within the thirty-day period beginning on the date 
notice of such final determination was received by the State. The clerk 
of the court shall transmit a copy of the petition to the Commissioner 
or to any officer designated by him for that purpose. In accordance 
with section 2112 of title 28, United States Code, the Commissioner 
shall file with the court a record of the proceeding on which he based 
the determination being appealed by the State. Until a record is so filed, 
the Commissioner may modify or set aside any determination made 
under such proceedings. 
" (2) If, in an action under this subsection to review a final determi-
nation of the Commissioner under subsection (b) or (c), the petitioner 
or the Commissioner applies to the court for leave to have additional 
oral submissions or written presentations made respecting such deter-
mination, the court may, for good cause shown, order the Com-
missioner to provide within thirty days an additional opportunity 
to make such submissions and presentations. Within such period, the 
Commissioner may revise any findings of fact, modify or set aside the 
determination being reviewed, or make a new determination by reason 
of the additional submissions and presentations, and shall file such 
modified or new determination, and any revised findings of fact, with 
the return of such submissions and presentations. The court shall there-
after review such new or modified determination. 
"(3) (A) Upon the filing of a petition under paragraph (1) for 
judicial review of a determination, the court shall have jurisdiction 
(i) to grant appropriate relief as provided in chapter 7 of title 5, 5 VSC 701 etseq. 
United States Code, except for interim relief with respect to a deter-
mination under subsection (c), and (ii) except as otherwise provided 
in subparagraph (B), to review such determination in accordance 
" 
' " 
with chapter 7 of title 6, United States Code. 
"(B) Section 706 of title 5, United States Code, shall apply to the 
review of any determination under this subsection, except that the 
standard for review prescribed by paragraph (2) (E) of such section 
706 shall not apply and the court shall hold unlawful and set aside 
such determination if the court finds that the determination is not sup-
ported by substantial evidence in the record of the proceeding submit-
ted pursuant to paragraph (1), as supplemented by any additional 
submissions and presentations filed under paragraph (2)."! 
INDIVIDTJALIZED WRrTTEN REHABILITATION PROGRAM 
SEC. 103. Section 102 of the Rehabilitation Act of 1973 is amended— 29 USC 722. 
(1) in subsection (b) by inserting "and agree to" after "rede-
velop" ; and 
( 
2) by adding at the end the following new subsection: 
"(d) (1) The Director of any designated State unit shall establish Review 
procedures for the review of determinations made by the rehabilita- procedures, 
tion counselor or coordinator under this section, upon the request 
92 STAT. 2960 
PUBLIC LAW 95-602—NOV. 6, 1978 
of a handicapped individual (or, in appropriate cases, his parents or 
guardians). Such procedures shall include a requirement that the 
final decision concerning the review of any such determination be made 
in writing by the Director. The Director may not delegate his responsi-
bility to make any such final decision to any other officer or employee 
of the designated State unit. 
" (2) Any handicapped individual (or, in appropriate cases, his par-
ent or guardian) who is not satisfied with the final decision made under 
paragraph (1) by the Director of the designated State unit may 
request the Secretary to review such decision. Upon such request the 
Secretary shall conduct such a review and shall make recommenda-
tions to the Director as to the appropriate disposition of the matter. 
The Secretary may not delegate his responsibilities under this para-
graph to any officer of the Department of Health, Education, and 
Welfare who is employed at a position below that of an Assistant 
Secretary.". 
SCOPE OF SERVICES; TELECOMMUNICATIONS SERVICES 
29 use 723. 
SEC. 104. (a) Section 103(a) (1) of the Rehabilitation Act of 1973 
is amended by inserting "mental or" before "emotional". 
(b) Section 103(b) of the Rehabilitation Act of 1973 is amended— 
(1) in paragraph (1) by striking out "and" after the semicolon; 
(2) in paragraph (2) by (A) inserting "(including services 
offered at rehabilitation facilities)" after "services" and (B) 
striking out the period and inserting in lieu thereof ";"; and 
(3) by adding at the end the following new paragraphs: 
"(3) theuseof existing telecommunications systems (including 
telephone, television, satellite, radio, and other similar systems) 
which have the potential for substantially improving service deliv-
ery methods, and the development of appropriate programing to 
meet the particular needs of handicapped individuals; and 
"(4) the use of services providing recorded material for the 
blind and captioned films or video cassettes for the deaf.". 
CLIENT ASSISTANCE 
29 use 732. 
SEC. 105. Section 112(a) of the Rehabilitation Act of 1973 is 
amended— 
(1) by striking out "section 304" in each place it appears and 
inserting in lieu thereof "section 310"; 
(2) by striking out "up to $1,500,000" and all that follows 
through "dispersed regions" and inserting in lieu thereof "no less 
than $3,500,000 for the fiscal year ending September 30,1979, and 
for each of the three succeeding fiscal years, to establish in geo-
graphically dispersed regions"; and 
(3) by inserting before the period at the end of the first sentence 
the following: ", including assistance in pursuing legal, adminis-
trative, or other appropriate remedies to insure the protection of 
the rights of such individuals under this Act". 
AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES 
SEC. 106. Part D of title I of the Rehabilitation Act of 1973 is 
amended to read as follows: 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2961 
"PART D—AMEKICAX INDIAIST VOCATIONAL REHABILITATION SERVICES 
"VOCATIONAL REHABILITATION SERVICES GRANTS 
29 use 750. 
Grants. 
25 u s e 450c, 
450d, 450e, 
450f. 
"SEC. 130. (a) The Commissioner, in accordance with the provisions 
of this part, may make grants to the governing bodies of Indian tribes 
located on Federal and State reservations to pay 90 percent of the costs 
of vocational rehabilitation services for handicapped American Indians 
residing on such reservations. 
"(b) (1) No grant may be made under this part for any fiscal year Application 
unless an application therefor has been submitted to and approved by 
the Commissioner. The Commissioner may not approve an application 
unless the application— 
"(A) is made at such time, in such manner, and contains such 
information as the Commissioner may require; 
"(B) contains assurances that the rehabilitation services pro-
vided under this part to handicapped American Indians residing 
on a reservation in a State shall be, to the maximum extent feasible, 
comparable to rehabilitation services provided under this title to 
other handicapped individuals residing in the State; and 
"(C) contains assurances that the application was developed in 
consultation with the designated State unit of the State. 
"(2) The provisions of sections 5, 6, 7, and 102(a) of the Indian 
Self-Determination and Education Assistance Act shall be applicable 
to any application submitted under this part. For purposes of this 
paragraph, any reference in any such provision to the Secretary of 
Health, Education, and Welfare or to the Secretary of the Interior 
shall be considered to be a reference to the Commissioner. 
" (3) Any application approved under this part shall be effective for 
not less than twelve months except as determined otherwise by the 
Commissioner pursuant to prescribed regulations. The State shall con-
tinue to provide vocational rehabilitation services under its State plan 
to American Indians residing on a reservation whenever such State 
includes any such American Indians in its State population under sec-
tion 110(a) (1)." 
"(d) For the purpose of computing the allotment of any State under 
section 110(a), the number of American Indians residing on a reserva-
tion to be served by a grant under this part shall be subtracted from 
the population used for such State in section 110(a) (1) as follows: 
" (1) 33 percent of such American Indians in the first fiscal year 
during which such Indians are served by grants under this part ; 
"(2) 66 percent of such American Indians in the second fiscal 
year during which such Indians are served by grants under this 
part; and 
"(3) 100 percent of such American Indians in the third fiscal 
year during which such Indians are served by grants under this 
part. 
"(e) The term 'reservation' includes Indian reservations, public 
domain Indian allotments, former Indian reservations in Oklahoma, 
and land held by incorporated Native groups, regional corporations, 
and village corporations under the provisions of the Alaska Native 
Claims Settlement Act. 
Ante, p. 2956. 
'Reservation. 
u 
EVALUATION 
43 use 1601 
note. 
"SEC. 131. Not less than thirty months after the date of the enactment Submittal to 
of the Rehabilitation, Comprehensive Services and Developmental Dis- Congress, 
abilities Amendments of 1978, the Secretary shall submit to the Con- 29 USe 751. 
•
^ 
Ante, p. 2955. 
92 STAT. 2962 
PUBLIC LAW 95-602—NOV. 6, 1978 
29 use 721. 
gress an evaluation of the programs conducted under this part. Such 
evaluation shall be conducted by persons other than persons immedi-
ately responsible for administration of such programs. Such evaluation 
shall include— 
" (1) an examination of the comparability of vocational rehabil-
itation services provided under this part to services provided to 
other handicapped individuals under section 101; and 
" (2) An assessment of the extent to which governing bodies of 
Indian tribes receiving grants under this part have made services 
under such grants available to all handicapped American Indians 
residing on reservations served by such grants." 
DECLARATION OF PURPOSE 
29 use 760. 
SEC. 107. Section 200 of the Rehabilitation Act of 1973 is amended 
to read as follows: 
"DECLARATION or PURPOSE 
"SEC. 200. The purpose of this title is to— 
"(1) provide for a comprehensive and coordinated approach 
to the administration and conduct of research, demonstration 
projects, and related activities for the rehabilitation of handi-
capped individuals, including programs designed to train persons 
who provide rehabilitation services and persons who conduct 
research, by authorizing Federal assistance in accordance with a 
plan for rehabilitation research developed under this title; 
"(2) facilitate the distribution of information concerning 
developments in rehabilitation procedures, methods, and devices 
to rehabilitation professionals and to handicapped individuals to 
assist such individuals to live more independently; 
"(3) improve the distribution of technological devices and 
equipment for handicapped individuals by providing financial 
support for the development and distribution of such devices and 
equipment; and 
' 
"(4) increase the scientific and technological information pres-
ently available in the field of rehabilitation.". 
29 use 761. 
National Institute 
of Handicapped 
Research. 
29 use 762. 
Post, p. 2963. 
29 use 764. 
Repeal. 
29 use 774, 
777c. 
Post, 2974. 
RESEARCH AUTHORIZATIONS 
SEC. 108. Section 201(a) of the Rehabilitation Act of 1973 is 
amended to read as follows: 
"SEC. 201. (a) There are authorized to be appropriated— 
"(1) for the purpose of providing for the expenses of the 
National Institute of Handicapped Research under section 202, 
other than expenses to carry out section 204, such sums as may be 
necessary for the fiscal year ending September 30, 1979, and for 
each of the three succeeding fiscal years; and 
" (2) for the purpose of carrying out section 204, $50,000,000 
for the fiscal year ending September 30, 1979, $75,000,000 for the 
fiscal year ending September 30, 1980, $90,000,000 for the fiscal 
year ending September 30, 1981, and $100,000,000 for the fiscal 
year ending September 30,1982.". 
* 
NATIONAL INSTITUTE OF HANDICAPPED R E S E A R C H 
W 
SEC. 109. The Rehabilitation Act of 1973 is amended— 
(1) by repealing section 304 and redesignating section 305 as 
section 313; 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2963 
(2) by transferring section 203 to title III and redesignating 
such section as section 304; 
(3) by repealing section 204 and redesignating section 202 as 
section 204; and 
(4) by inserting after section 201 the following new sections: 
"NATIONAL INSTITUTE or HANDICAPPED RESEARCH 
29 use 763. 
29 use 774. 
Repeal. 
29 use 764, 
762. 
29 use 761. 
Establishment. 
29 u s e 761a. 
Supra. 
"SEC. 202. (a) In order to promote and coordinate research with 
respect to handicapped individuals and to more effectively carry out 
the programs under section 204, there is established within the Depart-
ment of Health, Education, and Welfare a National Institute of Handi-
capped Eesearch (hereinafter in this title referred to as the 'Institute'), 
which shall be headed by a Director (hereinafter in this title referred 
to as the 'Director'). In the performance of his functions, the Director 
shall be directly responsible to the Secretary or to the same Under Sec-
retary or Assistant Secretary of the Department of Health, Education, 
and Welfare to whom the Commissioner is responsible under section 
3(a) of this Act. 
"(b) The Director, through the Institute, shall be responsible for— 
Responsibilities. 
" (1) administering the programs described in section 204; 
"(2) disseminating information acquired through research 
funded by the Institute to other Federal, State, and local public 
agencies and to private organizations engaged in research relating 
to rehabilitation or providing rehabilitation services; 
"(3) coordinating, through the Interagency Committee estab-
lished by section 203 of this Act, all Federal programs and poli- Post, p. 2965. 
cies relating to research in rehabilitation; 
"(4) disseminating educational materials to primary and sec- 
. 
ondary schools, institutions of higher education, and to public and 
private entities concerning how the quality of life of handicapped 
individuals may be improved; 
"(5) conducting an education program to inform the public 
about ways of providing for the rehabilitation of handicapped 
individuals, including information relating to family care and 
self care; 
"(6) conducting conferences, seminars, and workshops (includ-
ing in-service training programs) concerning research and engi-
neering advances in rehabilitation pertinent to the problems of 
handicapped individuals; 
"(7) taking whatever action is necessary to keep the Congress 
fully and currently informed with respect to the implementation 
and conduct of programs and activities carried out under this title; 
and 
"(8) producing, in conjunction with the Department of Labor, 
the National Center for Health Statistics, the Bureau of the 
Census, the Social Security Administration, and other Federal 
departments and agencies, as may be appropriate, statistical 
reports and studies on the employment, health, income, and other 
demographic characteristics of handicapped individuals and dis-
seminating such reports and studies to rehabilitation professionals 
and others to assist in the planning and evaluation of vocational 
and other rehabilitation services for the handicapped. 
"(c)(1) The Director of the Institute shall be appointed bv the Appointment. 
President, by and with the advice and consent of the Senate. The Direc-
tor shall be compensated at the rate payable for level V of the Execu-
92 STAT. 2964 
PUBLIC LAW 95-602—NOV. 6, 1978 
Post, p. 2977. 
5 use 5332 
note. 
5 use 5101 et 
seq., 5331. 
eonsultants. 
Fellowships. 
Grant review. 
Ante, p. 2962. 
Ante, p. 2963. 
Plan, submittal to 
tive Schedule under section 5316 of title 5, United States Code. In 
carrying out any of his functions under this section, the Director shall 
be guided by general policies of the National Council on the Handi-
capped established in title IV. The Director shall not delegate any of 
his functions to any officer who is not directly responsible to him. 
"(2) There shall be a Deputy Director of the Institute (hereinafter 
in this section referred to as the 'Deputy Director') who shall be 
appointed by the Secretary. The Deputy Director shall be compensated 
at the rate provided for grade GS-17 of the General Schedule under 
section 5332 of title 5, United States Code, and shall act for the 
Director during the absence or disability of the Director, exercising 
such powers as the Director may prescribe. In the case of any vacancy 
in the office of the Director, the Deputy Director shall serve as Director 
until a Director is appointed under paragraph (1). The position 
created by this paragraph shall be in addition to the number of 
positions placed in grade GS-17 of the General Schedule under section 
5108 of title 5, United States Code. 
"(3) The Director, subject to the approval of the President, may 
appoint, for terms not to exceed three years, without regard to the 
provisions of title 5, United States Code, governing appointment in 
the competitive service, and may compensate, without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such 
title relating to classification and General Schedule pay rates, such 
technical and professional employees of the Institute as the Director 
deems ncessary to accomplish the functions of the Institute and also 
appoint and compensate without regard to such provisions in a number 
not to exceed one-fifth of the number of full-time, regular technical 
and professional employees of the Institute. 
"(4) The Director may obtain the services of consultants, without 
regard to the provisions of title 5, United States Code, governing 
appointments in the competitive service. 
"(d) The Director, pursuant to regulations which the Secretary 
shall prescribe, may establish and maintain fellowships with such 
stipends and allowances, including travel and subsistence expenses 
provided for under title 5, United States Code, as the Director con-
siders necessary to procure the assistance of highly qualified research 
fellows from the United States and foreign countries. 
" (e) The Director shall, pursuant to regulations which the Secretary 
shall prescribe, provide for scientific review of all research grants and 
programs over which he has authority by utilizing, to the maximum 
extent possible, appropriate peer review groups established within the 
Institute and composed of non-Federal scientists and other experts 
in the rehabilitation field. 
"(f) Not less than 90 percent of the funds appropriated under para-
graph (2) of section 201(a) to carry out section 204 shall be expended 
by the Director to carry out such section through grants or contracts 
with qualified public or private agencies and individuals. 
"(g) The Director shall develop and submit to appropriate com-
mittees of the Congress within eighteen months after the effective 
date of this section a long-range plan for rehabilitation research which 
shall— 
" (1) identify any research which should be conducted respecting 
the problems encountered by handicapped individuals in their 
daily activities, especially problems related to employment; 
"(2) determine the funding priorities for research activities 
under this section and explain the basis for such priorities, includ-
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2965 
ing a detailed description of any new types of research recom-
mended under this paragraph for funding; and 
"(3) specify appropriate goals and timetables for activities 
to be conducted under this section. 
The plan required by this subsection shall be developed by the Director Consultation, 
in consultation with the Commissioner, the National Council on the 
Handicapped established under title IV, the Commissioner of Educa- Post, p. 2977. 
tion, officials responsible for the administration of the Developmental 
Disabilities Assistance and Bill of Eights Act, the Interagency Com- Post, p. 3003. 
mittee established by section 203, and any other persons or entities the Infra. 
Director considers appropriate. Such plan shall be reviewed at least 
once every three years and may be revised at any time by the Director 
to the extent he considers necessary. 
"(h) In order to promote cooperation among Federal departments 
and agencies conducting research programs, the Director shall consult 
with the administrators of such programs, and with the Interagency 
Committee established by section 203, regarding the design of research 
projects conducted by such entities and the results and applications 
of such research. 
" (i) (1) The Director shall take whatever actions he considers appro- 
/ 
priate to provide for a comprehensive and coordinated research pro-
gram under this title. In providing such a program, the Director may 
undertake joint activities with other Federal entities engaged in 
research and with appropriate private entities. Any Federal entity 
proposing to establish any research project related to the purposes of 
this Act shall consult, through the Interagency Committee established 
by section 203, with the Director in his role of Chairman of such 
Committee and provide the Director with sufficient prior opportunity 
to comment on such project. 
, < 
"(2) Any person responsible for administering any program of the 
National Institutes of Health, the Veterans' Administration, the 
National Science Foundation, the National Aeronautics and Space 
Administration, the Bureau of Education for the Handicapped, or of 
any other Federal entity, shall, through the Interagency Committee 
established by section 203, consult and cooperate with the Director in 
carrying out such program if the program is related to the purposes 
of this section. 
u 
INTERAGENCY COMMITTEE 
"SEC. 203. (a) (1) In order to promote coordination and cooperation 
among Federal departments and agencies conducting rehabilitation 
reseai'ch programs, there is established within the Federal Government 
an Interagency Committee on Handicapped Research (hereinafter in 
this section referred to as the 'Committee'), chaired by the Director and 
comprised of such members as the President may designate, including 
the following (or their designees) : the Director, the Commissioner, 
the Commissioner of Education, the Administrator of Veterans' 
Affairs, the Director of the National Institutes of Health, the Admin-
istrator of the National Aeronautics and Space Administration, the 
Secretary of Transportation, and the Director of the National Science 
Foundation. 
" (2) The Committee shall meet not less than four times each year. 
"(b) The Committee shall identify, assess, and seek to coordinate 
all Federal programs, activities, and projects, and plans for such 
programs, activities, and projects with respect to the conduct of 
research related to rehabilitation of handicapped individuals. 
Interagency 
Committee on 
Handicapped 
Research. 
Establishment. 
29 u s e 761b. 
92 STAT. 2966 
PUBLIC LAW 95-602—NOV. 6, 1978 
Report to 
President and 
congressional 
committees. 
Ante, p. 2963. 
Ante, p. 2963. 
"(c) The Committee, not later than eighteen months after the date 
of enactment of this section, and annually thereafter, shall submit to 
the President and to the appropriate committees of the Congress a 
report making such recommendations as the Committee deems appro-
priate with respect to coordination of policy and development of 
objectives and priorities for all Federal programs relating to the 
conduct of research related to rehabilitation of 
handicapped 
individuals.". 
RESEARCH BY PRIVATE ORGANIZATIONS 
SEC. 110. Section 204(a) of the Eehabilitation Act of 1973 (as so 
redesignated by section 109(3) of this Act) is amended— 
(1) by striking out "The Secretary, through the Commissioner, 
and in coordination with other appropriate programs in the 
Department of Health, Education, and Welfare, is authorized to" 
and inserting in lieu thereof "The Director may"; 
(2) by striking out "public or nonprofit" and inserting in lieu 
thereof "public or private"; 
(3) by striking out "provision of vocational rehabilitation serv-
ices" and inserting in lieu thereof "provision of vocational and 
other rehabilitation services"; 
(4) by inserting after "restorative techniques" the following: 
", including basic research where related to rehabilitation tech-
niques or services"; and 
(5) by inserting ", psychiatric" after "social". 
RESEARCH AND TRAINING CENTERS 
SEC. 111. Section 204(b) of the Rehabilitation Act of 1973 (as so 
redesignated by section 109(3) of this Act) is amended— 
(1) by striking out "the Secretary, through the Commissioner, 
and in coordination with other appropriate programs in the 
Department of Health, Education, and Welfare, is authorized to" 
and inserting in lieu thereof "the Director may"; 
(2) by amending paragraph (1) to read as follows: 
"(1) Establishment and support of Rehabilitation Research and 
Training Centers to be operated in collaboration with institutions of 
higher education for the purpose of (A) providing training (includ-
ing graduate training) to assist individuals to more effectively provide 
rehabilitation services, (B) providing coordinated and advanced pro-
grams of research in rehabilitation, and (C) providing training 
(including graduate training) for rehabilitation research and other 
rehabilitation personnel. The research to be carried out at each Center 
shall be determined on the basis of the particular needs of handicapped 
individuals in the geographic area served by the Center, and may 
include basic or applied medical rehabilitation research, research 
regarding the psychological and social aspects of rehabilitation, and 
research related to vocational rehabilitation. The Centers shall be 
encouraged to develop practical applications for the findings of their 
research. Grants may include funds for services rendered by such 
a center to handicapped individuals in connection with such research 
and training activities."; 
(3) in clause (A) of paragraph (2) by inserting "psychiatric," 
before "psychological"; and 
(4) by adding at the end the following new paragraphs: 
"(6) Conduct of a research program concerning the use of existing 
telecommunications systems (including telephone, television, satellite, 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2967 
radio, and other similar systems) which have the potential for sub- 
, ,., 
stantially improving service delivery methods, and the development 
of appropriate programing to meet the particular needs of handi-
capped individuals. 
"(7) Conduct of a program of joint projects with the National Joint projects. 
Institutes of Health, the Health Services Administration, the Admin-
istration on Aging, the National Science Foundation, the Veterans' 
Administration, the Office of Education, the National Aeronautics and 
Space Administration, other Federal agencies, and private industry 
in areas of joint interest involving rehabilitation. 
" (8) Conduct of a program of research related to the rehabilitation 
of handicapped children and of handicapped individuals who are 
aged sixty or older. 
"(9) Conduct of a research program to develop and demonstrate 
innovative methods to attract and retain professionals to serve in rural 
areas in the rehabilitation of handicapped and severely handicapped 
individuals. 
"(10) Conduct of a model research and demonstration project 
designed to assess the feasibility of establishing a center for producing 
and distributing to deaf individuals captioned video cassettes pro-
viding a broad range of educational, cultural, scientific, and vocational 
jorograming. 
"(11) Conduct of a model research and demonstration program to 
dev^elop innovative methods of providing services for preschool age 
handicapped children, including the following: (A) early interven-
tion, parent counseling, infant stimulation, early identification, diagno-
sis, and evaluation of severely handicapped children up to the age of 
five, with a special emphasis on severely handicapped children up to the 
age of three; (B) such physical therapy, language development, pedi-
atric, nursing, and psychiatric services as are necessary for such chil-
dren; and (C) appropriate services for the parents of such children, 
incl uding psychiatric services, parent counseling, and training. 
"(12) Conduct of a model research and training program under Model research 
which model training centers shall be established to develop and use and training 
more advanced and effective methods of evaluating and developing the program, 
employment potential of handicapped individuals, including programs 
which— 
"(A) provide training and continuing education for personnel 
involved with the employment of handicapjjed individuals; 
"(B) develop model procedures for testing and evaluating the 
employment potential of handicapped individuals; 
"(C) develop model training programs to teach handicapped 
individuals skills which will lead to appropriate employment; 
"(D) develop new approaches for job placement of handi-
capped individuals, including new folloAvup procedures relating 
to such placement; and 
"(E) provide 
information 
services 
regarding 
education, / 
training, employment, and job placement for handicapped 
individuals.". 
AUTHORIZATIONS FOR REHABILITATION TACILITIES AND VOCATIONAL 
TRAINING 
SEC. 112. (a) (1) The first sentence of section 301 (a) of the Rehabili- 29 USC 771. 
tation Act of 1973 is amended by striking out "for the fiscal years 
ending June 30,1974, June 30,1975, June 30,1976, September 30,1977, 
and September 30, 1978" and inserting in lieu thereof "for each fiscal 
year ending before October 1,1982". 
92 STAT. 2968 
PUBLIC LAW 95-602—NOV. 6, 1978 
29 use 771. 
29 use 772. 
Appropriation 
authorization. 
29 use 773. 
(2) The last sentence of section 301 (a) of the Rehabilitation Act of 
19T3 is amended by striking out "October 1,1980" and inserting in lieu 
thereof "October 1,1983". 
(b) Section 302(a) of the Rehabilitation Act of 1973 is amended to 
read as follows: 
"SEC. 302. (a) 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.". 
LOAN GUARANTEES 
SEC. 113. Section 303 of the Rehabilitation Act of 1973 is amended 
to read as follows: 
LOAN G U A R A N T E E S FOR REHABILITATION FACILITIES 
"SEC. 303. (a) It is the purpose of this section to assist and encourage 
the provision of needed facilities for programs for handicapped indi-
viduals primarily served by State rehabilitation programs. 
"(b) The Commissioner may, in accordance with this section and 
29 use 776. 
subject to section 306, 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 rehabili-
tation facilities, including equipment used in their operation. 
Interest 
"(c) In the case of a guarantee of any loan to a nonprofit private 
payments. 
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 con-
tractual right to receive from the United States interest payments 
required by the preceding sentence. 
"(d) 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) (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 deter-
mination that the rate of interest does not exceed such per centum 
per annum on the principal obligation outstanding as the Commis-
sioner 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 
i" 
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 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2969 
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) {!) There is established in the Treasury a loan guarantee fund 
(heremarter 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) 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— 
"(i) to make payments of interest under subsection (c); 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 matu-
rities, and subject to such terms and conditions, as may be prescribed 
by the Commissioner with the approval of the Secretary of the Treas-
ury. 
"(B) Such notes or other obligations shall bear interest at a rate 
determined by the Secretary of the Treasury, taking into consideration 
the current average market yield on outstanding marketable obliga-
tions of the United States of comparable maturities during the month 
preceding the issuance of the notes or other obligations. 
"(C) The Secretary of the Treasury shall purchase any notes and 
other obligations issued under this paragraph, and for that purpose he 
may use as a public debt transaction the proceeds from the sale of any 
securities issued under the Second Liberty Bond Act. The purposes for 
which securities may be issued under that Act are extended to include 
any purchase of such notes and obligations. The Secretary of the 
Treasury may at any time sell any of the notes or other obligations 
acquired by him under this paragraph. All redemptions, purchases, 
and sales by the Secretary of the Treasury of such notes or other obliga-
tions shall be treated as a public debt transaction of the United States. 
"(D) Sums borrowed under this paragraph shall be deposited in 
the fund and redemption of such notes and obligations shall be made 
by the Commissioner from the fund.". 
Loan guarantee 
fund, 
establishment. 
Appropriation 
authorization. 
Treasury notes or 
obligations. 
Interest rate. 
31 u s e 774. 
39-194 O-
-pt. 3 
22 : QL3 
92 STAT. 2970 
PUBLIC LAW 95-602—NOV. 6, 1978 
TRAINING 
,; 
SEC. 114. Section 304 of the Eehabilitation Act of 1973 (as so redes-
Ante, p. 2963. 
ignated by section 109 (2) of this Act) is amended— 
(1) in subsection (a)— 
(A) by striking out "The Secretary, through the Commis-
sioner, in coordination with other appropriate programs in the 
Department of Health, Education, and Welfare, is authorized 
to" and inserting in lieu thereof "The Commissioner may"; 
(B) by inserting ", medical, social, and psychological reha-
bilitation" after "vocational"; and 
(C) by striking out "and" before "in performing" and 
inserting in lieu thereof the following: ", including personnel 
specially trained in providing employment assistance to han-
dicapped individuals through job development and job place-
;t 
ment services, and personnel trained"; 
(2) in subsection (b) — 
(A) by inserting ", rehabilitation psychiatry" after 
"work"; and 
(B) by inserting after "blind and deaf individuals," the 
following: "specialized personnel in providing job develop-
ment and job placement services for handicapped individ-
uals,"; and 
(3) by adding at the end the following new subsections: 
"(c) The Commissioner shall evaluate the impact of the training 
programs conducted under this section, shall determine training needs 
for personnel necessary to provide services to handicapped individu-
als, and shall develop a long-term rehabilitation manpower plan 
designed to target resources on areas of personnel shortage. 
Interpreters for 
"(d) (1) For the purpose of training a sufficient number of inter-
the deaf, grants, 
preters to meet the communications needs of deaf individuals, the 
Secretary, through the Office of Information and Resources for the 
Handicapped, may award grants under this section to any public or 
private nonprofit agency or organization to establish interpreter train-
ing programs or to provide financial assistance for ongoing inter-
preter training programs. Not more than twelve programs shall be 
established or assisted by grants under this section. The Secretary 
shall award grants for programs in such geographic areas throughout 
the United States as the Secretary considers appropriate to best carry 
out the purpose of this section. Friority shall be given to public or 
private nonprofit agencies or organizations with existing programs 
that have demonstrated their capacity for providing interpreter train-
ing services. 
Application. 
" (2) No grant shall be awarded under this section unless the appli-
cant has submitted an application to the Secretary in such form, and 
in accordance with such procedures, as the Secretary may require. Any 
such application shall— 
"(A) describe the manner in which an interpreter training pro-
gram would be developed and operated during the five-year period 
following the award of any grant under this section; 
"(B) demonstrate the applicant's capacity or potential for pro-
viding training for interpreters for deaf individuals; 
"(C) 
provide assurances that any interpreter trained or 
retrained under such program shall meet such minimum standards 
of competency as the Secretary may establish for purposes of this 
section; 
"(D) provide assurances that (i) to the extent appropriate, the 
applicant shall provide for the training or retraining (including 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2971 
20 use 1401 
note. 
short-term and in-service training) of teachers who are involved in 
providing instruction to deaf individuals but who are not certified 
as teachers of deaf individuals, and (ii) funds for such in-service 
training shall be provided under this section only through funds 
appropriated under the Education for All Handicapped Children 
Act; and 
"(E) contain such other information as the Secretary may 
require. 
"(d) There are authorized to be appropriated to carry out this sec- Appropriation 
tion $34,000,000 for the fiscal year ending September 30, 1979, authorization. 
$40,000,000 for the fiscal year ending September 30, 1980, $45,000,000 
for the fiscal year ending September 30, 1981, and $50,000,000 for the 
fiscal year ending September 30,1982. There are further authorized to 
be appropriated for each such fiscal year such additional sums as the 
Congress may determine to be necessary to carry out this section.". 
COMPREHENSIVE CENTERS 
SEC. 115. (a) The Rehabilitation Act of 1973 is amended by inserting 
after section 304 the following new section: 
"COMPREHENSIVE REHABILITATION CENTERS 
"SEC. 305. (a) (1) In order to provide a focal point in communities 
for the development and delivery of services designed primarily for 
handicapped persons, the Commissioner may make grants to any desig-
nated State unit to establish and operate comprehensive rehabilita-
tion centers. The centers shall be established in order to provide a broad 
range of services to handicapped individuals, including information 
and referral services, counseling services, and job placement, health, 
educational, social, and recreational services, as well as to provide facil-
ities for recreational activities. 
" (2) To the maximum extent practicable, such centers shall provide, 
upon request, to local governmental units and other public and private 
nonprofit entities located in the area such information and technical 
assistance (including support personnel such as interpreters for the 
deaf) as may be necessary to assist those entities in complying with this 
Act, particularly the requirements of section 504. 
"(b) No grant may be made under this section unless an application 
therefor has been submitted to and approved by the Commissioner. 
The Commissioner may not approve an application for a grant unless 
the application— 
^'(1) contains assurances that the designated State unit will use 
funds provided by such grant in accordance with subsections (c) 
and (d); and 
"(2) contains such other information, and is submitted in such 
form and in accordance with such procedures, as the Commissioner 
mav require. 
"(c)(1) The designated State unit may— 
"(A) in accordance with subsection (e) make grants to units 
of general purpose local government or to other public or nonprofit 
private agencies or organizations and may make contracts with 
any agency or organization to pay not to exceed 80 percent of the 
cost of— 
^ "(i) leasing facilities to serve as comprehensive rehabilita-
tion centers; 
"(ii) expanding, remodeling, or altering facilities to the 
extent necessary to adapt them to serve as comprehensive 
rehabilitation centers; 
Ante, p. 2963. 
Grants. 
29 use 775. 
29 use 794. 
Application. 
92 STAT. 2972 
PUBLIC LAW 95-602—NOV. 6, 1978 
= 
"(iii) operating such centers; or 
"(iv) carrying out any combination of the activities speci-
fied in this subparagraph; and 
"(B) directly carry out the activities described in subparagraph 
(A), except that not more than 80 percent of the costs of providing 
any comprehensive rehabilitation center may be provided, from 
funds under this section. 
"(3) Funds made available to any designated State unit under 
this section for the purpose of assisting in the operation of a compre-
hensive rehabilitation center may be used to compensate professional 
and technical personnel required to operate the center and to deliver 
services in the center, and to provide equipment for the center. 
"(d) (1) The designated State unit maj^ approve a grant or enter 
into a contract under subsection (c) only if the application for such 
grant or contract meets the requirements specified in paragraphs (1), 
29 use 776. 
(2), (4), and (5) of section 306(b) and if the application contains 
assurances that any facility assisted by such grant or contract shall be 
in reasonably close proximity to the majority of individuals eligible 
to use the comprehensive rehabilitation center. 
' . 
" (2) Any designated State unit which directly provides for compre-
hensive rehabilitation centers under subsection (c) (1) (B) shall use 
funds under this section in the same manner as any other grant recipi-
ent is required to use such funds. 
"(e) If within 20 years after the completion of any construction 
project for which funds have been paid under this section— 
"(1) the owner of the facility ceases to be a public or nonprofit 
private agency or organization, or 
"(2) the facility ceases to be used for the purposes for which 
it was leased or constructed (unless the Commissioner determines, 
in accordance with regulations, that there is good cause for releas-
ing the applicant or other owner from the obligation to do so), 
the United States shall be entitled to recover from the grant recipient 
or other owner of the facility an amount which bears the same ratio 
to the value of the facility (or so much thereof as constituted an 
approved project or projects) at the time the United States seefes 
recovery as the amount of such Federal funds bore to the cost of reno-
vating the facility under subsection (c)(l)(A)(ii). Such value shall be 
determined by agreement of the parties or by action brought in the 
United States district court for the district in which such facility is 
situated. 
"(f) The requirements of section 306 shall not apply to funds 
allotted under this section, except that subsections (g) and (h) of 
such section shall be applicable with respect to such funds. 
Appropriation 
"(g) There are authorized to be appropriated to carry out this 
authorization. 
section such sums as may be necessary for the fiscal year ending 
September 30,1979, and for the three succeeding fiscal years.". 
29 use 776. 
(b) Section 306(a) of the Kehabilitation Act of 1973 is amended 
by inserting in the first sentence before the period ", except as otherwise 
Supra. 
provided in section 305 (g)". 
SPECIAL FEDERAL RESPONSIBILITIES 
29 use 770. 
SEC. 116. Title III of the Kehabilitation Act of 1973 is amended— 
(1) by inserting after the title heading the following: 
"PART A—CONSTRUCTION AND TRAINING PROGRAMS" 
and 
(2) by adding after section 306 the following new part: 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2973 
"PART B—SPECIAL PROJECTS AND SUPPLEMENTARY SERVICES 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 310. (a) For the purpose of carrying out this part (other than 29 USC 777. 
section 313), there are authorized to be appropriated such sums as may-
be necessary for each fiscal year ending before October 1,1982. 
" (b) Of the amounts appropriated for any fiscal y^ear under subsec-
tion (a), 5 percent of such amount shall be available in such fiscal year 
only for the purpose of making grants under section 312. There is fur-
ther authorized to be appropriated for each such fiscal year such addi-
tional amount as may be necessary to equal, when added to the amount 
made available for the purpose of making grants under section 312, an 
amount of $5,000,000 for each such fiscal year. 
"SPECIAL DEMONSTRATION PROGRAMS 
"SEC. 311. (a) Subject to the provisions of section 306, the Commis- 29 USC 777a. 
sioner may make grants to States and to public or nonprofit agencies 29 USC 776. 
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, construct-
ing facilities for providing vocational rehabilitation services, 
which hold promise of expanding or otherwise improving rehabili-
tation 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 voca-
tional 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 servic-
ing handicapped individuals, with opportunities for new careers); 
and 
"(3) operating programs and, where appropriate, renovating 
and constructing facilities to demonstrate methods of making rec-
reational activities fully accessible to handicapped individuals. 
" (b) Any project or demonstration assisted by a grant under this Individuals with 
section which provides services to individuals with spinal cord injuries spinal cord 
shall— 
injuries. 
"(1) establish, on an appropriate regional basis, a multi-
disciplinary system of providing vocational and other rehabilita-
tion 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 out-
reach 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. 
Grants. 
29 use 777b. 
29 use 776. 
29 use 721. 
92 STAT. 2974 
PUBLIC LAW 95-602—NOV. 6, 1978 
• 
' • • 
• 
"MIGRATORY WORKERS 
"SEC. 312. The Commissioner, subject to the provisions of section 
306, is authorized to make grants to any State agency designated 
pursuant to a State plan approved under section 101, 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 pro-
vision 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 handi-
capped) who are with them, including maintenance and transporta-
tion 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 Act. 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 Ele-
mentary and Secondary Education Act of 1965, section 311 of the 
Economic Opportunity Act of 1964, the Migrant Health Act, and the 
Farm Labor Contractor Registration Act of 1963. 
20 use 241a 
note. 
42 use 2861. 
42 use 247d. 
7 use 2041 note 
Establishment. 
29 use 777c. 
ii 
Agreements. 
HELLEN KELLER NATIONAL CENTER 
"SEC. 313. (a) The purpose of this section is to provide for the 
establishment and operation of the Hellen 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) 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 meet-
ing 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 4f deaf-blind individuals; 
the Secretary, subject to the provisions of section 306, is authorized to 
enter into an agreement with any public or nonprofit agency or organi-
zation for payment by the United States of all or part of the costs of 
the establishment and operation, including construction and equip-
ment, of a center for vocational rehabilitation of handicapped indi-
viduals who are both deaf and blind, which center shall be known as 
the Helen Keller National Center for Deaf-Blind Youths and Adults. 
"(c) Any agency or organization desiring to enter into such agree-
ment shall submit a proposal therefor at such time, in such manner, 
and containing such information as may be prescribed in regulations 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2975 
Appropriation 
authorization. 
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 rehabili-
tation of deaf-blind individuals. 
"(d) 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) 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. 
"READER SERVICES FOR THE BLIND 
"SEC. 314. (a) The Commissioner may award grants to States or Grants, 
to private nonprofit agencies or organizations of national scope (as 29 USC 777d. 
so determined by the Commissioner) to— 
"(1) provide reading services to blind persons who are not 
otherwise eligible for such services through other State or Fed-
eral programs; and 
"(2) expand the quality and scope of reading services available 
to blind persons, and to assure to the maximum extent possible 
that the reading services provided under this Act will meet the 
reading need of blind persons attending institutions providing 
elementary, secondary, or post-secondary education, and will be 
adequate to assist blind persons to obtain and continue in 
employment. 
Any State which receives a grant under this section shall administer 
the reading services for which such grant is awarded through the 
designated State unit of the State. 
"(b) No grant shall be awarded under this section unless the appli-
cant has submitted an application to the Secretary in such form, at 
such time, and containing such information as the Secretary may 
require. 
" (c) 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 reproduc-
tion 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. 
Application. 
"Reading 
services." 
INTERPRETER SERVICES FOR THE DEAF 
"SEC. 315. (a) The Commissioner may make grants to designated 
State units to establish within each State a pr^ram of interpreter 
services (including interpreter referral services) which shall be made 
Grants. 
29 USC 777e. 
92 STAT. 2976 
PUBLIC LAW 95-602—NOV. 6, 1978 
available to deaf individuals and to any public agency or private non-
profit organization involved in the delivery of assistance or services to 
deaf individuals. 
Application. 
"(b) 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 pro-
vision 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 sec-
Ante, p. 2958. 
tion 101 (a) (22); 
" (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. 
"(c) 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 refer-
rals shall reimburse the designated State unit for the costs of such 
services. Funds may also be used for the purchase or rental of equip-
ment necessary to provide assistance or services to deaf individuals. 
"(d) 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 Act.". 
"SPECIAL RECREATIONAL PROGRAMS 
Grants. 
"SEO. 316. The Commissioner, subject to the provisions of section 
29 use 777f. 
306, shall make grants to State and public nonprofit agencies and 
organizations for paying part or all of the cost of initiation of recrea-
tion 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. 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2977 
NATIONAL COUNCIL ON THE HANDICAPPED 
SEC. 117. The Rehabilitation of 1973 is amended by striking out title 29 USC 701 note. 
IV and inserting in lieu thereof the following new title: 
"TITLE IV—NATIONAL COUNCIL ON THE 
HANDICAPPED 
" E S T A B L I S H M E N T o r NATIONAL COUNCIL ON T H E HANDICAPPED 
"SEC. 400. (a) There is established with the Department of Health, Membership. 
Education, and Welfare a National Council on the Handicapped 29 USC 780. 
(hereinafter in this title 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 handi-
capped, 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 handi-
capped individuals. 
"(b)(1) Members of the National Council shall be appointed to Term, 
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 
"(C) five shall serve for terms of three years, 
as designated by the President at the time of appointment. 
"(2) Members may be reappointed and may serve after the expira-
tion 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) 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) Eight members of the National Council shall constitute a 
quorum and any vacancy in the National Council shall not affect 
its power to function. 
"DUTIES OF NATIONAL COUNCIL 
"SEC. 401. The National Council shall— 
29 USC 781. 
"(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 Adminis-
tration; 
"(3) advise the Commissioner, the appropriate Assistant Sec-
retary of the Department of Health, Education, and Welfare, and 
the Director of the National Institute of Handicapped Research 
on the development of the programs to be carried out under this 
Act; 
92 STAT. 2978 
PUBLIC LAW 95-602—NOV. 6, 1978 
Post, p. 3003. 
Report to 
Secretary, 
Congress, and 
President. 
"(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 estab-
lished or assisted under this Act or under the Developmental 
Disabilities Assistance and Bill of Rights Act, in order to assess 
the effectiveness of such policies, programs, and activities in meet-
ing the needs of handicapped individuals; 
"(5) make recommendations to the Secretary, the Commis-
sioner, and the Director of the National Institute of Handicapped 
Research respecting ways to improve research concerning handi-
capped individuals, the administration of services for handi-
capped 
individuals, and 
the methods 
of 
collecting 
and 
disseminating the findings of such research, and make recom-
mendations 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 Admin-
istration 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. 
COMPENSATION OF NATIONAL COUNCIL MEMBERS 
29 use 782. 
"SEC. 402. (a) 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, 
United States Code, including traveltime, for each day they are 
engaged in the performance of their duties as members of the National 
Council. 
"(b) 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 compen-
sation for travel expenses as provided under subsection (c) of this 
section. 
"(c) 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, United States Code. 
29 use 783. 
5 use 5101 et 
seq. 
5 use 5331. 
" S T A F F O F NATIONAL COUNCIL 
"SEC. 403. (a) The National Council may appoint, without regard 
to the provisions of title 5, United States Code, governing appoint-
ments in the competitive service, or the provisions of chapter 51 and 
subchapter I I I 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) The National Council may procure temporary and intermittent 
services to the same extent as is authorized by section 3109(b) of 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2979 
title 5, United States Code (but at rates for individuals not to exceed 
the daily equivalent of the annual rate of basic pay payable for grade 
GS-18 of the General Schedule under section 5332 of title 5, United 
States Code). 
"(c) The Administrator of General Services shall provide to the 
National Council on a reimbursable basis such administrative support 
services as the Council may request. 
"ADMINISTRATIVE POWERS OF NATIONAL COUNCIL 
"SEC. 404. (a) The National Council may prescribe such bylaws 
and rules as may be necessary to carry out its duties under this title. 
"(b) The National Council may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such 
evidence as it deems advisable. 
"(c) The National Council may appoint advisory committees to 
assist the National Council in carrying out its duties. The members 
thereof shall serve without compensation. 
"(d) The National Council may use the United States mails in 
the same manner and upon the same conditions as other departments 
and agencies of the United States. 
General Services 
Administrator, 
administrative 
support. 
Bylaws and rules. 
29 use 784. 
u 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 405. There are authorized to be appropriated to carry out 
this title such sums as may be necessary.". 
29 use 785. 
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD 
: * j y 
SEC. 118. (a) (1) Section 502(a) of the Kehabilitation Act of 1973 
is amended to read as follows: 
"SEC. 502. (a) (1) There is established within the Federal Govern- Establishment, 
ment the Architectural and Transportation Barriers Compliance 29 USe 792. 
Board (hereinafter referred to as the 'Board') which shall be com-
posed as follows: 
"(A) Eleven members shall be appointed by the President from Membership, 
among members of the general public of whom five shall be handi-
capped individuals. 
"(B) The remaining members shall be the heads of each of the 
following departments or agencies (or their designees whose 
positions are executive level IV or higher) : 
" (i) Department of Health, Education, and Welfare, 
"(ii) Department of Transportation. 
" (iii) Department of Housing and Urban Development. 
" (iV) Department of Labor, 
"(v) Department of the Interior. 
"(vi) Department of Defense, 
"(vii) Department of Justice, 
"(viii) General Services Administration. 
"(ix) Veterans'Administration, 
"(x) United States Postal Service. 
The President shall appoint the first Chairman of such Board who 
shall serve for a term of not more than two years; thereafter, the 
Chairman shall be elected by a vote of a majority of the Board for a 
term of one year. 
" (2) The term of office of each appointed member of the Board shall Term, 
be three years; except that (i) the members first taking office shall 
92 STAT. 2980 
PUBLIC LAW 95-602—NOV. 6, 1978 
serve, as designated by the President at the time of appointment, four 
for a term of one year, four for a term of two years, and three for a 
term of three years, and (ii) any member appointed to fill a vacancy 
shall serve for the remainder of the term for which his predecessor was 
appointed. 
, 
"(3) If any appointed member of the Board becomes a Federal 
employee, such member may continue as a member of the Board for 
not longer than the sixty-day period beginning on the date he becomes 
such an employee. 
"(4) No individual appointed under paragraph (1) (A) of this sub-
section who has served as a member of the Board may be reappointed 
to the Board more than once unless such individual has not served on 
the Board for a period of two years prior to the effective date of such 
individual's appointment. 
Compensation. 
"(5)(>) Members of the Board who are not regular full-time 
employees of the United States shall, while serving on the business of 
the Board, be entitled to receive compensation at rates fixed by the 
President, but not to exceed the daily rate prescribed for GS-18 under 
section 5332 of title 5, United States Code, including traveltime, for 
each day they are engaged in the performance of their duties as mem-
bers of the Board; and shall be entitled to reimbursement for travel, 
subsistence, and other necessary expenses incurred by them in carrying 
out their duties under this section. 
"(B) Members of the Board who are employed by the Federal Gov-
ernment shall serve without compensation, but shall be reimbursed for 
travel, subsistence, and other necessary expenses incurred by them in 
carrying out their duties under this section.". 
29 use 792. 
(b)(1) Section 502(b)(1) of the Rehabilitation Act of 1973 is 
amended to read as follows: "(1) insure compliance with the stand-
ards prescribed pursuant to the Act of August 12, 1968, commonly 
42 use 4151 
known as the Architectural Barriers Act of 1968 (including the appli-
note. 
cation of that Act to the United States Postal Service) including but 
not limited to enforcing all standards under that Act, and insuring 
that all waivers and modifications of standards are based upon findings 
of fact and are not inconsistent with the provisions of such Act and 
this section;". 
(2) Section 502(b) (2) of the Rehabilitation Act of 1973 is amended 
by inserting "communication," before "and attitudinal", and by insert-
ing "telecommunication devices," before "public buildings"; and 
(3) Section 502(b) of the Rehabilitation Act of 1973 is amended 
by striking out "and" at the end of clause (5), by striking out the 
period at the end of clause (6) and inserting in lieu thereof a semicolon, 
and by adding at the end thereof the following new clauses:" (7) estab-
lish minimum guidelines and requirements for the standards issued 
pursuant to the Act of August 12,1968, as amended, commonly known 
as the Architectural Barriers Act of 1968; and (8) insure that public 
conveyances, including rolling stock, are readily accessible to, and 
usable by, physically handicapped persons.". 
(c) CI) The first sentence of section 502(d) of the Rehabilitation 
Act of 1973 is amended by striking out "or contracts with", and by 
inserting after "organizations" "or contracts with private nonprofit 
or f 
orprofit organizations". 
(2) The second sentence of section 502(d) of the Rehabilitation 
Act of 1973 is amended by striking out "The" and inserting in lieu 
thereof "Except as provided in paragraph (3) of subsection (e),the". 
(3) The last sentence of section 502(d) of the Rehabilitation Act 
of 1973 is amended by inserting "or public conveyance or rolling stock" 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2981 
after "building" and by striking out "prescribed pursuant to the Act 
cited in subsection (b) of this section" and inserting in lieu thereof 
"enforced under this section". 
(4) Section 502(d) of the Rehabilitation Act of 1973 is amended by 
adding at the end thereof the following new sentence: Pursuant to 
chapter 7 of title 5, United States Code, any complainant or partici-
pant in a proceeding under this subsection may obtain review of a final 
order issued in such proceeding. 
(5) Section 502(d) of the Rehabilitation Act of 1973 is further 
amended by inserting "(1)" after the subsection designation and by 
adding at the end thereof the following new paragraphs: 
"(2) The executive director is authorized, at the direction of the 
Board— 
" (A) to bring a civil action in any appropriate United States 
district court to enforce, in whole or in part, any, jBnal order of the 
Board under this subsection; and 
"(B) to intervene, appear, and participate, or to appear as 
amicus curiae, in any court of the United States or in any court of 
a State in civil actions which related to this section or to the 
Architectural Barriers Act of 1968* 
Except as provided in section 518(a) of title 28, United States Code, 
relating to litigation before the Supreme Court, the executive director 
may appear for and represent the Board in any civil litigation brought 
under this section.". 
"(3) The Board, in consultation and coordination with other con-
cerned Federal departments and agencies and agencies within the 
Department of Health, Education, and Welfare, shall develop stand-
ards and provide appropriate technical assistance to any public or 
private activity, person, or entity affected by regulations prescribed 
pursuant to this title with respect overcoming to architectural, trans-
portation, and communication barriers. Any funds appropriated to 
any such department or agency for the purpose of providing such 
assistance may be transferred to the Board for the purpose of carrying 
out this paragraph. The Board may arrange to carry out its responsi-
bilities under this paragraph through such other departments and 
agencies for such periods as the Board determines is appropriate. In 
carrying out its technical assistance responsibilities under this para-
graph, the Board shall establish a procedure to insure separation 
of its compliance and technical assistance responsibilities under this 
section.". 
(d) Section 502(e) of the Rehabilitation Act of 1973 is amended 
by inserting "(1)" after the subsection designation and by adding at 
the end thereof the following new paragraphs: 
"(2) The Executive Director shall exercise general supervision over 
all personnel employed by the Board (other than hearing examiners 
and their assistants). The Executive Director shall have final authority 
on behalf of the Board, with respect to the investigation of alleged 
noncompliance in the issuance of formal complaints before the Board, 
and shall have such other duties as the Board may prescribe. 
"(3) For the purpose of this section, an order of compliance issued 
by a hearing examiner shall be deemed to be an order of the Board 
and shall be the final order for the purpose of judicial review.". 
(e) Section 502 of the Rehabilitation Act of 1973 is amended by 
striking out subsection (h) and inserting in lieu thereof the following 
new subsections: 
"(h) (1) Within one year following the enactment of this subsec-
tion, the Board shall submit to the President and the Congress a report 
29 u s e 792. 
5 u s e 701 et seq. 
eivil action. 
42 u s e 4151 
note. 
Development of 
standards, 
consultation. 
Report to 
President and 
Congress. 
92 STAT. 2982 
PUBLIC LAW 95-602—NOV. 6, 1978 
Grants or 
contracts. 
Appropriation 
authorization. 
containing an assessment of the amounts required to be expended by 
States and by political subdivisions thereof to provide handcapped 
individuals with full access to all programs and activities receiving 
Federal assistance. 
"(2) The Board may make grants to, or enter into contracts with, 
public or private organizations to carry out its duties under subsec-
tions (b) and (c). The Board may also make grants to any designated 
State unit for the purpose of conducting studies to provide the cost 
assessments required by paragraph (1). Before including in such 
report the findings of any study conducted for the Board under a grant 
or contract to provide the Board with such cost assessments, the Board 
shall take all necessary steps to validate the accuracy of any such 
findings. 
"(i) There are authorized to be appropriated for the purpose of 
carrying out the duties and functions of the Board under this section 
such sums as may be necessary for each fiscal year ending before Octo-
ber 1,1982, but in no event shall the amount appropriated for any one 
fiscal year exceed $3,000,000.". 
29 use 794. 
Regulations. 
Proposals, copies 
to congressional 
committees. 
NONDISCRIMINATION UNDER FEDERAL PROGRAMS AND ACTIVITIES 
SEC. 119. Section 504 of the Rehabilitation Act of 1973 is amended— 
(1) in the section heading by inserting "AND PROGRAMS" after 
"GRANTS"; and 
(2) by striking out the period at the end thereof and inserting 
in lieu thereof "or under any program or activity conducted by 
any Executive agency or by the United States Postal Service. 
The head of each such agency shall promulgate such regulations 
as may be necessary to carry out the amendments to this section 
made by the Rehabilitation, Comprehensive Services, and Devel-
opmental Disabilities Act of 1978. Copies of any proposed regu-
lation shall be submitted to appropriate authorizing committees 
of the Congress, and such regulation may take effect no earlier 
than the thirtieth day after the date on which such regulation 
is so submitted to such committees.". 
NONDISCRIMINATION PROVISIONS; INTERAGENCY COUNCIL; 
SECRETARIAL 
DUTIES 
SEC. 120. (a) Title V of the Rehabilitation Act of 1973 is amended 
by adding at the end thereof the following new sections: 
"REMEDIES AND ATTORNEYS' FEES 
29 use 794a. 
"SEC. 505. (a)(1) The remedies, procedures, and rights set forth 
in section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16), 
including the application of sections 706 (f) through 706 (k) (42 
U.S.C. 20006-5 (f) through (k)), shall be available, with respect to 
29 use 791. 
any complaint under section 501 of this Act, to any employee or 
applicant for employment aggrieved by the final disposition of such 
complaint, or by the failure to take final action on such complaint. In 
fashioning an equitable or affirmative action remedy under such 
section, a court may take into account the reasonableness of the cost of 
any necessary work place accommodation, and the availability of 
alteriiatives therefor or other appropriate relief in order to achieve an 
equitable and appropriate remedy. 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2983 
" (2) The remedies, procedures, and rights set forth in title VI of 
the Civil Eights Act of 1964 shall be available to any person aggrieved 
by any act or failure to act hj any recipient of Federal assistance or 
Federal provider of such assistance under section 504 of this Act. 
"(b) In any action or proceeding to enforce or charge a violation 
of a provision of this title, the court, in its discretion, may allow the 
prevailing party, other than the United States, a reasonable attorney's 
fee as part of the costs. 
42 use 2000d. 
29 use 794. 
a SECRETARIAL RESPONSIBILITIES 
"SEC. 506. (1) The Secretary may provide directly or by contract 29 USe 794b. 
with State vocational rehabilitation agencies or experts or consultants 
or groups thereof, technical assistance— 
"(A) to persons operating rehabilitation facilities; and 
"(B) with the concurrence of the Board established by section 
602, to any 
public or nonprofit 
agency, institution, or Ante, p. 2979. 
organization; 
for the purpose of assisting such persons or entities in removing archi-
tectural, transportation, or communication barriers. Any concurrence 
of the Board under this paragraph shall reflect its consideration of 
the cost studies carried out by States under section 502(c) (1). 
"(2) Any such experts or consultants, while serving pursuant to Experts or 
such contracts, shall be entitled to receive compensation at rates fixed consultants, 
by the Secretary, but not exceeding the daily equivalent of the rate of compensation, 
basic pay payable for grade GS-18 of the General Schedule, under 
section 5332 of title 5, United States Code, including traveltime, and 
while so serving away from their homes or regular places of business, 
they may be alloAved travel expenses, including per diem in lieu of 
subsistence, as authorized by. section 5703 of title 5, United States 
Code, for persons in the Government service employed intermittently. 
"(3) The Secretary, with the concurrence of the Board and the 
President may provide, directly or by contract, financial assistance 
to any public or nonprofit agency, institution, or organization for the 
purpose of removing architectural, transportation, and communica-
tion barriers. No assistance may be provided under this paragraph 
until a study demonstrating the need for such assistance has been con-
ducted and submitted under section 502(h) (2) of this title." 
Ante, p. 2981. 
"(4) In order to carry out this section, there are authorized to be Appropriation 
appropriated such sums as may be necessary.". 
authorization. 
a 
INTERAGENCY COORDINATING COUNCIL 
"SEC. 507. There shall be established an Interagency Coordinating 
Council (hereinafter referred to in this section as the 'Council') com-
posed of the Secretary of Health, Education, and Welfare, the Sec-
retary of Labor, the Attorney General, the Chairman of the United 
States Civil Service Commission, the Chairman of the Equal Employ-
ment Opportunity Commission, and the Chairman of the Architectural 
and Transportation Barriers Compliance Board. The Council shall 
have the responsibility for developing and implementing agreements, 
policies, and practices designed to maximize effort, promote efficiency, 
and eliminate conflict, competition, duplication, and inconsistencies 
among the operations, functions, and jurisdictions of the various 
departments, agencies, and branches of the Federal Government 
responsible for the implementation and enforcement of the provisions 
of this title, and the regulations prescribed thereunder. On or before 
Establishment. 
Membership. 
29 u s e 794c. 
Report to 
President and 
eongress. 
92 STAT. 2984 
PUBLIC LAW 95-602—NOV. 6, 1978 
29 use 701 note. 
29 use 710. 
42 use 4251 
note. 
48 use 1469a. 
29 use 701. 
July 1 of each year, the Council shall transmit to the President and to 
the Congress a report of its activities, together with such recommenda-
tions for legislative or administrative changes as it concludes are 
desirable to further promote the purposes of this section. Nothing 
in this section shall impair any responsibilities assigned by any 
Executive Order to any Federal department, agency, or instrumen-
tality to act as a lead Federal agency with respect to any provisions of 
this title.". 
APPLICATION OF OTHER LAWS 
SEC. 121. The Rehabilitation Act of 1973 is amended by inserting 
after section 10 the following new section: 
"APPLICATION OF OTHER LAWS 
"SEC. 11. The provisions of the Act of December 5, 1974 (Public 
Law 93-510) and of title V of the Act of October 15, 1977 (Public 
Law 95-134) shall not apply to the administration of the provisions 
of this Act or to the administration of any program or activity under 
this Act.". 
MISCELLANEOUS AND TECHNICAL AMENDMENTS 
SEC. 122. (a) The Rehabilitation Act of 1973 is amended— 
(1) by amending section 2 to read as follows: 
29 use 702. 
Ante, p. 2977. 
29 use 706. 
"Handicapped 
individual." 
Anu, p. 2977. 
29 use 790. 
"DECLARATION OF PURPOSE 
"SEC. 2. The purpose of this Act is to develop and implement, 
through research, training, services, and the guarantee of equal op-
portunity, comprehensive and coordinated programs of vocational 
rehabilitation and independent living.". 
(2) in section 3(a) by inserting "and part A of title VI" after 
"titles IV and V", and by inserting at the end thereof the follow-
ing : "Any reference in this Act to duties to be carried out by the 
Commissioner shall be considered to be a reference to duties to be 
carried out by the Secretary acting through the Commissioner. In 
carrying out any of his functions under this Act, the Commis-
sioner shall be guided by general policies of the National Council 
on the Handicapped established under title IV of this Act."; 
(3) by striking out section 3(b) and redesignating section 3(c) 
as 3(b); 
(4) in section 7(3) by striking out "and the initial equipment" 
and all that follows through the period and inserting in lieu 
thereof "and may include such additional equipment and staffing 
as the Commissioner considers appropriate."; 
(5) in section 7(4) (B) by inserting after "medical" comma and 
the word "psychiatric"; 
(6) in section 7(6)— 
(A) by striking out "The term" and inserting in lieu 
thereof: " (A) Except as otherwise provided in subparagraph 
(B), the term"; 
"(B) by striking out "(A)" after "individual who" and 
inserting in lieu thereof " (i)" and by striking out "(B)" after 
"and" and inserting in lieu thereof " (ii)"; and 
(C) by striking out the last sentence and by adding at the 
end the following new subparagraph: 
"(B) Subject to the second sentence of this subparagraph, the term 
'handicapped individual' means, for purposes of titles IV and V of 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2985 
29 use 793, 
794. 
29 use 706. 
this Act, any person who (i) has a physical or mental impairment 
whidh substantially limits one or more of such person's major life 
activities, (ii) has a record of such an impairment, or (iii) is regarded 
as having such an impairment. For purposes of sections 503 and 504 
as such sections relate to employment, such term does not include any 
individual who is an alcoholic or drug abuser whose current use of alco-
hol or drugs prevents such individual from performing the duties of 
the job in question or whose employment, by reason of such current 
alcohol or drug abuse, would constitute a direct threat to property or 
the safety of others."; 
(7) in section 7 (10)— 
(A) by inserting ", psychiatric" after "medical" in sub-
paragraph (A) thereof; and 
(B) by inserting "psychiatric," before "psychological" in 
subparagraph (B) thereof; 
(8) in section 7 by (A) redesignating paragraphs (3) through 
(14) as paragraphs (4) through (15), respectively and (B) insert-
ing after paragraph (2) the following new paragraph : 
"(3) The term 'designated State units' means (A) any State agency 
unit required under section 101(a)(2)(A) of this Act, or (B) in 
cases in which no such unit is so required, the State agency described 
in section 101 (a) (B) (i) of this Act." 
(9) in section 10 by inserting before the period at the end 29 USe 709. 
thereof the following: "except that this section shall not be con-
strued to limit or reduce fees for services rendered by reihabili-
tation facilities"; 
(10) by adding after section 11 (as added by section 121 of this Ante, p. 2984, 
Act) the following new sections: 
"Designated 
State units." 
29 use 721. 
ii ADMINISTRATION OF THE ACT 
SEC. 12. (a) In carrying out the purposes of this Act, the Commis- 29 USe 711. 
isioner may— 
"(1) provide consultative services and technical assistance to 
public or nonprofit private agencies and organizations; 
" (2) provide short-term training and teclmical instruction; 
" (3) conduct special projects and demonstrations; 
"(4) collect, prepare, publish, and disseminate special educa-
tional or informational materials, including reports of the projects 
for which funds are provided under this Act; and 
"(5) provide stan and other technical assistance to the National 
Council on the Handicapped. 
"(b) In carrying out his duties under this Act, the Commissioner 
may utilize the services and facilities of any agency of the Federal 
Government and of any other public or nonprofit agency or organiza-
tion, in accordance with agreements between the Commissioner and the 
head thereof, and may pay therefor, in advance or by way of reim-
bursement, as may be provided in the agreement. 
"(c) The Commissioner may promulgate such regulations as he con- Regulations, 
siders appropriate to carry out his duties under this Act. 
"(d) There are authorized to be appropriated to carry out this Appropriation 
section such sums as may be necessary. 
authorization. 
'REPORTS 
"SEC. 13. Not later than one hundred and twenty days after the close Submittal to 
of each fiscal year, the Commissioner shall prepare and submit to the President and 
President for transmittal to the Congress a full and complete report Congress. 
^ 
^ 
^ 
29 use 712. 
39-194 O—80—pt. 3 
23 : QL3 
92 STAT. 2986 
PUBLIC LAW 95-602—NOV. 6, 1978 
29 use 713. 
Evaluation 
results, annual 
publication and 
availability. 
Appropriation 
authorization. 
29 use 714. 
Information and 
data retrieval 
system. 
on the activities carried out under this Act. Such annual reports shall 
include statistical data reflecting services and activities provided 
individuals during the preceding fiscal year. 
((. 
EVALUATION 
"SEC. 14. (a) The Secretary shall evaluate the impact of all pro-
grams authorized by this Act, their general effectiveness in achieving 
stated goals, and their effectiveness in relation to their cost, their 
impact on related programs, and their structure and mechanisms for 
delivery of services, including, where appropriate, comparisons with 
appropriate control groups composed of persons who have not par-
ticipated in such programs. Evaluations shalj be conducted by persons 
not immediately involved in the administration of the program or 
project evaluated. 
"(b) In carrying out evaluations under this section, the Secretary 
shall, whenever possible, arrange to obtain the opinions of program 
and project participants about the strengths and weaknesses of the 
programs and projects. 
"(c) The Secretary shall annually publish summaries of the results 
of evaluative research and evaluation of program and project impact 
and effectiveness, the full contents of which shall be available to the 
Congress and the public. 
"(d) The Secretary shall take the necessary action to assure that all 
studies, evaluations, proposals, and data produced or developed with 
Federal funds shall become the property of the United States. 
"(e) Such information as the Secretary may deem necessary for 
purposes of the evaluations conducted under this section shall be made 
available to him, upon request, by the departments and agencies of the 
executive branch. 
"(f) There are authorized to be appropriated to carry out this 
section such sums as may be necessary. 
<
( 
Appropriation 
authorization. 
INFORMATION CLEARINGHOUSE 
"SEC. 15. (a) The Secretary may 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 develop-
ments bearing on handicapping conditions (and their prevention, 
amelioration, causes, and cures), and (3) the current numbers of 
handicapped individuals and their needs. The clearinghouse shall also 
provide any other relevant information and data which the Secretary 
considers appropriate. 
" (b) The Commissioner may assist the Secretary to develop within 
the Department of Health, Education, and Welfare a coordinated 
system of information and data retrieval, which will have the capacity 
and responsibility to provide information regarding the information 
and data referred to in subsection (a) of this section to the Congress, 
public and private agencies and organizations, handicapj)ed individ-
uals and their families, professionals in fields serving such individuals, 
and the general public. 
"(c) Any office established to carry out the provisions of this 
section shall be known as the "Office of Information and Resources for 
the Handicapped". 
"(d) There are authorized to be appropriated to carry out this 
section such sums as may be necessary. 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2987 
u, 
TRANSFER OF FUNDS 
. 
"SEC. 16, No funds appropriated under this Act for any research pro-
gram or activity may be used for any purpose other than that for 
which the funds were specifically authorized.". 
(b) Title I of the Rehabilitation Act of 1973 is further amended— 
(1) in parts A through C by striking out "Secretary" in each 
place it appears and inserting in lieu thereof "Commissioner"; 
and 
(2) in section 121(a) by inserting after the first sentence the 
following new sentence: "Payments may also be made under this 
section for the costs of the construction of facilities to be used in 
providing services under such State plan if provision for such 
construction is included in such State plan.". 
(c) Title I I I of the Rehabilitation Act of 1973 is 
further 
amended— 
(1) in section 300— 
(A) by adding before the semicolon in paragraph (1) the 
following: "and authorize such staffing as the Commissioner 
deems appropriate"; 
(B) by striking out paragraph (4); and 
(C) b j redesignating paragraph (5) as paragraph (4); 
(2) in section 301 by striking out "initial" each place it appears 
and by striking out "Secretary" in each place it appears and insert-
ing lieu thereof "Commissioner"; 
(3) in section 302 b j striking out "Secretary" in each place it 
appears and inserting m lieu thereof "Commissioner"; 
(4) in subsections (a), (c), (e), (f), and (i) of section 306 
by striking out "Secretary" in each place it appears and inserting 
in lieu thereof "Commissioner"; 
(5) by amending paragraph (3) of section 306(b) to read as 
follows: 
" (3) provide that the agency or organization receiving Federal 
funds under this title will make an annual report to the Com-
missioner, which the Commissioner shall submit to the Secretary 
for inclusion (in summarized form) in the annual report sub-
mitted to the Congress under section 13;"; 
(6) in paragraph (4) of section 306(b) by striking out "Secre-
tary" where it first occurs and inserting in lieu thereof "Commis-
sioner"; and 
(7) by striking out " S P E C I A L F E D E R A L R E S P O N S I -
B I L I T I E S " in the title heading and inserting in lieu thereof 
" S U P P L E M E N T A R Y S E R V I C E S AND F A C I L I T I E S " . 
(d) Title V of the Rehabilitation Act of 1973 is further amended— 
(1) in section 503(a), by striking out "as defined in section 
7(6)" and inserting in lieu thereof "as defined in section 7(7); 
and 
(2) in section 504, by striking out "as defined in section 7(6)" 
and inserting in lieu thereof "as defined in section 7(7)". 
(e) Section 412 of the Energy Conservation and Production Act is 
amended by striking out "as defined in section 7 ( 6 ) " and inserting in 
lieu thereof "as defined in section 7(7)". 
(f) Section 1904 of title 38, United States Code, is amended— 
(1) by striking out "section 202(b) (2)" and inserting in lieu 
thereof "and section 204(b) (2)"; and 
(2) by striking out ", and section 405" and all that follows 
through "activities)". 
Restriction. 
29 use 715. 
29 
use 
721, 
722, 
730-732, 
740, 
741. 
29 
use 
741. 
29 
use 
770. 
29 
use 
771. 
29 
use 
772. 
29 
use 
776. 
Annual report. 
Ante, p. 2985. 
29 use prec. 
770. 
29 use 793. 
29 use 706. 
29 use 794. 
42 use 6862. 
92 STAT. 2988 
PUBLIC LAW 95-602—NOV. 6, 1978 
29 use 701 note. 
(g) The table of contents for the Rehabilitation Act of 1973 is 
amended—• 
(1) by inserting after the item relating to section 10 the fol-
lowing new items: 
"Sec. 11. Application of other lawa 
"Sec. 12. Administration of the Act. 
"Sec. 13. Reports. 
"Sec. 14. Evaluation. 
;^ 
"Sec. 15. Information clearinghouse. 
"Sec. 16. Transfer of funds."; 
(2) by striking out the items relating to part D of title I and 
section 130 and inserting in lieu thereof the following: 
"PAET D—^AMEEICAN INDIAN VOCATIONAL REHABILITATION SEBVICES 
"Sec. 130. Vocational rehabilitation services grants. 
"Sec. 131. Evaluation. 
(3) by striking out the items relating to titles I I a n d I I I a n d 
to sections 200 t h r o u g h 204 a n d 300 t h r o u g h 306 a n d inserting in 
lieu thereof the following: 
"TITLE II—RESEARCH 
"Sec. 200. Declaration of purpose. 
"Sec. 201. Authorization of appropriations. 
"Sec. 202. National Institute of Handicapped Research. 
"Sec. 203. Interagency committee. 
"Sec. 204. Research. 
"TITLE III—SUPPLEMENTARY SERVICES AND FACILITIES 
"PART A—MISCELLANEOUS PBOOBAMS 
"Sec. 300. Declaration of purpose. 
"Sec. 301. Grants for construction of rehabilitation facilities. 
"Sec. 302. Vocational Training Services for handicapped individuals. 
"Sec. 303. Loan guarantees for rehabilitation facilities. 
"Sec. 304. Training. 
"Sec. 305. Cortiprehensive rehabilitation centers. 
"Sec. 306. Gefleral grant and contract requirements. 
"PAST B—SPECIAL PBOJECTS 
"Sec. 310. Authorization of appropriations. 
"Sec. 311. Special demonstration programs. 
"Sec. 312. Migratory workers. 
"Sec. 313. Helen Keller National Center. 
"Sec. 314. Reader services for the blind. 
"Sec. 315. Interpreter services for the deaf. 
"Sec. 316. Special Recreational Programs." 
(4) by s t r i k i n g out the items relating t o title I V a n d sections 
400 t h r o u g h 407 a n d inserting in lieu thereof t h e following: 
"TITLE IV—NATIONAL COUNCIL ON THE HANDICAPPED 
"Sec. 400. Establishment of National Council on the Handicapped. 
"Sec. 401. Duties of National Council. 
"Sec. 402. Compensation of National Council members. 
"Sec. 403. StafE of National Council. 
"Sec. 404. Administrative powers of National Council. 
"Sec. 405. Authorization of appropriations."; 
a n d 
(5) by a d d i n g at the end of t h e items relating to title V the fol-
lowing new i t e m s : 
"Sec. 505. Remedies and attorneys' fees. 
"Sec. 506. Secretarial responsibilities. 
:. 
; ; 
"Sec. 507. Interagency Coordinating Council.". 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2989 
TITLE II—COMMUNITY SERVICE PILOT PROGRAMS; 
PROJECTS WITH INDUSTRY 
ESTABLISHMENT OP PROGRAMS 
SEC. 201. The Rehabilitation Act of 1973 is amended by adding at 29 USC 701 note, 
the end thereof the following new title: 
"TITLE VI—EMPLOYMENT OPPORTUNITIES FOR HANDI-
CAPPED INDIVIDUALS 
II 
SHORT TITLE 
"SEC. 601. This title may be cited as the 'Employment Opportunities 
for Handicapped IndividuaJls Act'. 
"PART A—COMMUNITY SERVICE EMPLOYMENT PILOT PROGRAMS 
FOR H A N D I C A P P E D iNDivmuALS 
Employment 
Opportunities for 
Handicapped 
Individuals Act. 
29 USC 795 note. 
"Eligible 
individuals." 
29 USC 706. 
"ESTABLISHMENT OF PILOT PROGRAM 
"SEC. 611. (a) In order to promote useful opportunities in commun- 29 USC 795. 
ity service activities for handicapped individuals who have poor 
employment prospects, the Secretary of Labor (hereinafter in this part 
referred to as the 'Secretary') is authorized to establish a community 
service employment pilot program for handicapped individuals. For 
purposes of this part, the term 'eligible individuals' means persons who 
are handica,pped individuals (as defined in section 7(7) of this Act) 
and who are referred to programs under this part by designated State 
units. 
"(b) (1) The Secretary may enter into agreements with public or Agreements, 
private nonprofit agencies or organizations, including national orga-
nizations, agencies of a State government or a political subdivision of 
a State (having elected or duly appointed governing officiails), or a 
combination of such political subdivisions, or tribal organizations in 
order to carry out the pilot program referred to in subsection (a). Such 
agreements may include provisions consistent with subsection (c) for 
the payment of the costs of projects developed by such organizations 
and agencies in cooperation with the Secretary. No payment shall be 
made by the Secretary toward the cost of any such project unless the 
Secretary determines that: 
"(A) Such project will provide employment only for eligible 
individuals, except that if eligible individuals are not available 
to serve as technical, administrative, or supervisory personnel for 
a project then such personnel may be recruited from among other 
individuals. 
"(B) Such project Avill provide employment for eligible indi-
viduals in the community in which such individuals reside, or in 
nearby communities. 
"(C) Such project will employ eligible individuals in services 
related to publicly owned and operated facilities and projects, or 
projects sponsored by organizations, other than political parties, 
exempt from taxation under section 501(c)(3) of the Internal 26 USC 501. 
Revenue Code of 1954, except for projects involving the con-
struction, ooeration, or maintenance of any facility used or to be 
used as a place for sectarian religious instruction or worship. 
92 STAT. 2990 
PUBLIC LAW 95-602—NOV. 6, 1978 
29 use 721. 
Work-related 
expenses. 
Placement 
services. 
Rate of pay. 
29 use 201. 
29 use 213. 
29 use 214. 
"(D) Such project will contribute to the general welfare of 
the community in which eligible individuals are employed under 
such project. 
"(E) Such project (i) will result in an increase in employment 
opportunities over those opportunities which would otherwise be 
available, (ii) will not result in any displacement of currently 
employed workers (including partial displacement, such as a 
reduction in the hours of nonovertime work or wages or employ-
ment benefits), and (iii) will not impair existing contracts or 
result in the substitution of Federal funds for other funds in 
connection with work that would otherwise be performed. 
"(F) Such project will not employ any eligible individual to 
perform work which is the same or substantially the same as that 
performed by any other person who is on layoff from employment 
with the agency or organization sponsoring such project. 
"(G) Such project will utilize methods of recruitment and 
selection (including the listing of job vacancies with the State 
agency units designated under section 101(a)(2)(A) to admin-
ister vocational rehabilitation services under this Act) which 
will assure that the maximum number of eligible individuals will 
have an opportunity to participate in the project. 
"(H) Such project will provide for (i) such training as may 
be necessary to make the most effective use of the skills and talents 
of individuals who are participating in the project, and (ii) 
during the period of such training, a reasonable subsistence allow-
ance for such individuals and the payment of any other rea-
sonable expenses related to such training. 
"(I) Such project will provide safe and healthy working con-
ditions for any eligible individual employed under such project 
and will pay any such individual at a rate of pay not lower than 
the rate of pay described in paragraph (2). 
"(J) Such project will be established or administered with 
the advice of (i) persons competent in the field of service in which 
employment is being provided, and (ii) persons who are knowl-
edgeable with regard to the needs of handicapped individuals. 
"(K) Such project will pay any reasonable costs for work-
related expenses, transportation, and attendant care incurred by 
eligible individuals employed under such project in accordance 
with regulations prescribed by the Secretary. 
" (L) Such project will provide appropriate placement services 
for employees under the project to assist them in locating unsub-
sidized employment when the Federal assistance for the project 
terminates. 
"(2) The rate of pay referred to in subparagraph (I) of paragraph 
(1) is the highest of the following: 
"(A) the prevailing rate of pay for persons employed in simi-
lar occupations by the same employer. 
"(B) The minimum wage which would be applicable to the 
employee under the Fair Labor Standards Act of 1938 if such 
employee were not exempt from such Act under section 13 thereof. 
"(C) The State or local minimum wage for the most nearly 
comparable covered employment. 
The Department of Labor shall not issue any certificate of exemption 
under section 14(c) of the Fair Labor Standards Act of 1938 with 
respect to any person employed in a project under this section. 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2991 
"(c) (1) The Secretary may pay not to exceed 90 percent of the cost 
of any project which is the subject of an agreement entered into 
under subsection (b). Notwithstanding the preceding sentence, the 
Secretary may pay all of the costs of any such project which is (A) 
:in emergency or disaster project, or (B) a project located in an 
economically depressed area, as determined by the Secretary in con-
sultation with the Secretary of Commerce and the Director of the 
Community Services Administration. 
"(2) The non-Federal share of any project under this part may be 
in cash or in kind. In determining the amount of the non-Federal share, 
the Secretary may attribute fair market value to services and facilities 
contributed from non-Federal sources. 
"(d) Payments under this part may be made in advance or by 
way of reimbursement, and in such installments as the Secretary may 
determine. 
a 
Project costs, 
consultation. 
Non-Federal 
share. 
ADMINISTRATIOlSr 
"SEC. 612. (a) In order to effectively carry out the provisions of this 
part, the Secretary shall, through the Commissioner of the Rehalibita-
tion Services Administration, consult with any designated State unit 
with regard to— 
"(1) the localities in which community service projects of the 
type authorized by this part are most needed; 
" (2) the employment situations and types of skills possessed by 
eligible individuals in such localities; and 
"(3) potential projects suitable for funding in such localities. 
"(b) The Secretary shall coordinate the pilot program established 
under this part with programs authorized under the Emergency Jobs 
and Unemployment Assistance Act of 1974, the Comprehensive 
Employment and Training Act of 1973, the Community Services Act 
of 1974, and the Emergency Employment Act of 1971. Appropriations 
under this part may not be used to carry out any program under the 
Acts referred to in the preceding sentence. 
"(c) In carrying out this part, the Secretary may, with the consent 
of any other Federal, State, or local agency, use the services, equipment, 
personnel, and facilities of such agency with or without providing such 
agency with reimbursement and may use the services, equipment, and 
facilities of any other public or private entity on a similar basis. 
"(d) Within one hundred and eighty days after the effective date of 
this part, the Secretary shall issue and publish in the Federal Register 
such regulations as may be necessary to carry out this part. 
"(e) The Secretary shall not delegate any function of the Secretary 
under this part to any other department or agency of the Federal 
Government. 
"PARTICIPANTS NOT FEDERAL EMPLOYEES 
"SEC. 613. (a) Eligible individuals who are employed in any project 
funded under this part shall not be considered to be Federal employees 
as a result of such employment and shall not be subject to the provisions 
of part III of title 5, United States Code. 
" (b) No contract shall be entered into under this part with a con-
tractor who is, or whose employees are, under State law, exempted 
from operation of any State workmen's compensation law generally 
applicable to employees, unless the contractor shall undertake to pro-
vide for persons to be employed under such contract, through insur-
Consultation with 
State unit. 
29 u s e 795a. 
29 u s e 801 note. 
29 u s e 801 note. 
42 u s e 2701 
note. 
42 u s e 4871 
note. 
Regulations, 
publication in 
Federal Register. 
29 u s e 795b. 
5 u s e 2101. 
eontracts. 
92 STAT. 2992 
PUBLIC LAW 95-602—NOV. 6, 1978 
ance by a recognized carrier or by self-insurance authorized by State 
law, workmen's compensation coverage equal to that provided by law 
for covered employment. 
"(c) No part of the wages, allowances, or reimbursement for trans-
portation and attendant care costs made available to an eligible indi-
vidual employed in any project funded under this part shall be treated 
as income or benefits for the purpose of any other program or pro-
vision of State or Federal law, unless the Secretary makes a case hj 
case determination that disallowance of such income or benefits is 
inequitable or does not carry out the purposes of this title. 
"INTERAGENCY COOPERATION 
29 use 795c. 
"SEC. 614. (a) The Secretary shall consult with, and obtain the 
written views of, the Commissioner of the Rehabilitation Services 
Administration before establishing rules or general policy in the 
administration of this part. 
"(b) The Secretary shall consult and cooperate with the Director 
of the Community Services Administration, the Secretary of Health, 
Education, and Welfare, and the heads of other Federal agencies 
carrying out related programs, in order to achieve maximum coordi-
nation between such programs and the program established under this 
Infonnation, 
part. Each Federal agency shall cooperate with the Secretary in dis-
dissemination. 
seminating information relating to the availability of assistance under 
this part and in identifying individuals eligible for employment in 
projects assisted under this part. 
Grants or 
contracts. 
29 use 795d. 
State projects, 
allotment of 
funds. 
"EQUITABLE DISTRIBUTION o r 
ASSISTANCE 
"SEC. 615. (a) (1) Preference in awarding grants or contracts under 
this part shall be given to organizations of proven ability in providing 
employment services to handicapped individuals under this program 
and similar programs. The Secretary, in awarding grants and con-
tracts under this section, shall, to the extent feasible, assure an equi-
table distribution of activities under such grants and contracts among 
the States, taking into account the needs of underserved States. 
"(2) The Secretary shall allot for projects within each State the 
sums appropriated for any fiscal year under section 617 so that each 
State will receive an amount which bears the same ratio to such 
sums as the population of the State bears to the population of all 
the States. 
"(b) The amount allotted for projects within any State under sub-
section (a) for any fiscal year which the Secretary determines will not 
be required for such year shall be reallotted, from time to time and 
on such dates during such year as the Secretary may fix, to projects 
within other States in proportion to the original allotments to proj-
ects within such States under subsection (a) for such year, but with 
such proportionate amount for any of such other States being reduced 
to the extent it exceeds the sum the Secretary estimates that projects 
within such State need and will be able to use for such year. The 
total of such reductions shall be similarly reallotted among the States 
whose proportionate amounts were not so reduced. Any amount real-
lotted to a State under this subsection during a year shall be deemed 
part of its allotment under subsection (a) for such year. 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2993 
''(c) The amount apportioned for projects within each State under 
subsection (a) shall be apportioned among areas within each such State 
in an equitable manner, taking into consideration (1) the proportion 
which eligible individuals in each such area bears to the total number 
of such individuals, respectively, in that State, and (2) the relative 
distribution of such individuals residing in rural and urban areas 
within the State. 
u 
DEFINITIONS 
"SEC. 616. For purposes of this part— 
"(1) the term 'community service' means social, health, welfare, 
and educational services, legal and other counseling services and 
assistance, including tax counseling and assistance and financial 
counseling, and library, recreational, and other similar services; 
conservation, maintenance, or restoration of natural resources; 
community betterment or beautification; antipollution and 
environmental quality efforts; economic development; and such 
other services essential and necessary to the community as the 
Secretary, by regulation, may prescribe; 
"(2) the term 'pilot program' means the community service 
employment program for handicapped individuals established 
under this part; and 
"(3) the term 'attendant care' means interpreter services for 
the deaf, reader services for the blind, and services provided 
to assist mentally retarded individuals to perform duties of 
employment. 
29 use 795e. 
u 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 617. There are authorized to be appropriated to carry out the 29 USC 795f. 
purposes of this part $35,000,000 for the fiscal year ending September 
30, 1979, $50,000,000 for the fiscal year ending September 30, 1980, 
$75,000,000 for the fiscal year ending September 30, 1981, and 
$100,000,000 for the fiscal year ending September 30, 1982. 
"PART B—PROJECTS WITH INDUSTRY AND BUSINESS OPPORTUNITIES 
F
O
R HANDICAPPED INDIVIDUALS 
u 
PROJECTS WITH 
INDUSTRY 
"SEC. 621. (a) (1) The Commissioner, in consultation with the Sec-
retaries of Labor and Commerce and with designated State units, may 
enter into agreements with individual employers and other entities to 
establish jointly financed projects which— 
"(A) shall provide handicapped individuals with training and 
employment in a realistic work setting in order to prepare them 
for employment in the competitive market; 
" ( B ) shall provide handicapped individuals with such suppor-
tive services as may be required to permit them to continue to 
engage in the employment for which they have received training 
under this section; and 
"(C) shall, to the extent appropriate, expand job opportunities 
for handicapped individuals by providing for (i) the develop-
ment and modification of jobs to accommodate the special needs of 
Jointly financed 
projects, 
consultation and 
agreements. 
29 USC 795g. 
92 STAT. 2994 
PUBLIC LAW 95-602—NOV. 6, 1978 
Minimum wage. 
Review. 
such individuals, (ii) the distribution of special aids, appliances, 
or adapted equipment to such individuals, (iii) the establishment 
of appropriate job placement services, and (iv) the modification 
of any facilities or equipment of the employer which are to be 
used primarily by handicapped individuals. 
" (2) Any agreement under this subsection shall be jointly developed 
by the Commissioner, the prospective employer, and, to the extent 
practicable, the appropriate designated State unit and the handicapped 
individuals involved. Such agreements shall specify the terms of train-
ing and employment under the project, provide for the payment by 
the Commissioner of part of the costs of the project (in accordance 
with subsection (c)), and contain the items required under subsection 
(b) and such other provisions as the parties to the agreement consider 
to be appropriate. 
"(b) No payment shall be made by the Commissioner under any 
agreement with an employer entered into under subsection (a) unless 
such agreement— 
"(1) provides assurances that handicapped individuals placed 
with such employer shall receive at least the applicable minimum 
wage; 
"(2) specifies that the Commissioner, together with the desig-
nated State unit, has the right to review any termination of 
employment, and that, in the event such termination occurs less 
than three years after the date of the commencement of employ-
ment of the handicapped individual involved, the Commissioner 
shall be entitled to require the repayment of a portion of the funds 
made available to the employer if such termination is without 
reasonable cause, as determined by the Commissioner in consulta-
tion with such designated State unit; and 
"(3) provides assurances that any handicapped individual 
placed with such employer shall be afforded terms and benefits of 
employment equal to those which are afforded to other employees 
of such employer, and that such handicapped individuals shall 
not be unreasonably segregated from other employees. 
"(c) Payments under this section with respect to any project may 
not exceed 80 per centum of the costs of the project. 
u 
BUSINESS OPPORTUNITIES FOR HANDICAPPED INDIVIDUALS 
Grants and 
contracts, 
consultation. 
29 u s e 795h. 
Regulations. 
"SEC. 622. The Commissioner, in consultation with the Secretaries 
of Labor and Commerce, may make grants to, or enter into contracts 
with, handicapped individuals to enable them to establish or operate 
commercial or other enterprises to develop or market their products 
or services. Within ninety days after the effective date of this section, 
the Commissioner shall promulgate regulations to carry out this sec-
tion, including regulations specifying (1) the maximum amount of 
money which may be provided under this section to any participant, 
and (2) procedures for certification, by designated State units, of 
individuals eligible to participate in any program under this section. 
29 use 795i. 
u 
AUTHORIZATION OP APPROPRIATIONS 
"SEC. 623. There are authorized to be appropriated such sums as 
may be necessary to carry out the provisions of this part for each 
fiscal year beginning before October 1,1982. 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2995 
CONFORMING 
AMENDMENTS 
SEC. 202. (a) The table of contents for the Eehabilitation Act of 
1973, as amended by section 120(c) (6), is further amended by adding 
at the end thereof the following: 
"TITLE VI—EMPLOYMENT OPPORTUNITIES 
FOR 
HANDICAPPED 
INDIVIDUALS 
"Sec. 601. Short title. 
"PABT A—COMMUNITY SEBTTCE EMPLOYMENT PROGRAMS FOR HANDICAPPED 
INDIVIDUALS 
"Sec. 611. Establishment of program. 
"Sec. 612. Administration. 
"Sec. 613. Participants not Federal employees. 
"Sec. 614. Interagency cooperation. 
"Sec. 615. Equitable distribution of assistance. 
"Sec. 616. Definitions. 
"Sec. 617. Authorization of appropriations. 
"PART B—PROJECTS W I T H INDUSTRY AND BUSINESS OPPORTUNITIES FOR HANDI-
CAPPED INDIVIDUALS 
"Sec. 621. Projects with industry. 
"Sec. 622. Business opportunities for handicapped individuals. 
"Sec. 623. Authorization of appropriations.". 
TITLE III—COMPKEHENSIVE SERVICES FOR 
INDEPENDENT LIVING 
^ 
' 
' 
COMPREHENSIVE SERVICES 
SEC. 301. The Rehabilitation Act of 1973, as amended by section 
201 of this Act, is further amended by adding at the end the following ^»^. P- 2989. 
new title: 
"TITLE VII—COMPREHENSIVE SERVICES 
FOR INDEPENDENT LIVING 
"PART A—COMPREHENSIVE SERVICES 
"PURPOSE 
"SEC. 701. The purpose of this title is to authorize grants (supple- Grants, 
mentary to grants for vocational rehabilitation services under title I) 
29 USC 796. 
to assist States in providing comprehensive services for independent 29 USC 720. 
living designed to meet the current and future needs of individuals 
whose disabilities are so severe that they do not presently have the 
potential for employment but may benefit from vocational reha-
bilitation services which will enable them to live and function 
independently. 
"ELIGIBILITY 
"SEC. 702. Services may be provided under this title to any indi- 29 USC 796a. 
vidual whose ability to engage or continue in employment, or whose 
ability to function independently in his family or community, is so 
limited by the severity of his disability that vocational or compre-
hensive rehabilitation services appreciably more costly and of appre-
ciably greater duration than those vocational or comprehensive 
rehabilitation services required for the rehabilitation of a handicapped 
92 STAT. 2996 
PUBLIC LAW 95-602—NOV. 6, 1978 
"Comprehensive 
services for 
independent 
living." 
29 use 720. 
29 use 796b. 
individual are required to improve significantly either his ability to 
engage in employment or his ability to function independently in his 
family or community. Priority of services under this part shall be 
given to individuals not served by other provisions of this Act. 
"(b) For purposes of this title, the term "comprehensive services 
for independent living" means any appropriate vocational rehabili-
tation service (as defined under title I of this Act) and any other 
service that will enhance the ability of a handicapped individual to live 
independently and function within his family and community and, if 
appropriate, secure and maintain appropriate employment. Such serv-
ices may include any of the following: counseling services, includ-
ing psychological, psychotherapeutic, and related services; housing 
incidental to the purpose of this section (including appropriate 
accommodations to and modifications of any space to serve handi-
capped individuals); appropriate job placement services; transpor-
tation ; attendant care; physical rehabilitation; therapeutic treatment; 
needed prostheses and other appliances and devices; health mainte-
nance; recreational activities; services for children of preschool age, 
including physical therapy, development of language and communica-
tion skills, and child development services; and appropriate preven-
tive services to decrease the needs of individuals assisted under the 
program for similar services in the future. 
ii ALLOTMENTS 
"SEC. 703. (a) (1) From sums made available for each fiscal year for 
the purposes of allotments under this subpart, each State whose com-
prehensive services plan has been approved under section 705 shall be 
entitled to an allotment of an amount bearing the same ratio to such 
sums as the population of the State bears to the population of all 
States. Except as provided in paragraph (2), the allotment to any 
State under the preceding sentence shall be not less than $200,000 or 
one-third of 1 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 which is less than 
$200,000 or one-third of 1 percent of such sums shall be increased to 
the greater of the two amounts. 
"(2) For purposes of this subsection, Guam, American Samoa, the 
Virgin Islands, the Northern Mariana Islands, and the Trust Terri-
tory of the Pacific Islands shall not be considered as States and shall 
each be allotted not less than one-eighth of 1 percent of the amounts 
made available for purposes of this subpart for the fiscal year for 
which the allotment is made. 
"(b) Amounts necessary to increase the allotments of States under 
paragraph (1) or to provide allotments under paragraph (2) shall be 
derived by proportionately reducing the allotments of the remaining 
States under paragraph (1), but with such adjustments as may be 
necessary to prevent the allotment of any such remaining States n*om 
being thereby reduced to less than the greater of $200,000 or one-
third of 1 percent of the sums made available for purposes of this 
subpa T't for the fiscal year for which the allotment is made. 
"(c) Whenever the Commissioner determines that any amount of 
an allotment to a State for any fiscal year will not be utilized by such 
State in carrying out the purposes of this title, he shall make such 
amount available for carrying out the purposes of this section to one 
or more of the States which he determines will be able to use additional 
amounts during such year for carrying out such purposes. Any amount 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2997 
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 State's allotment (as determined under the preceding 
provisions of this section) for such year. 
"PAYMENTS TO STATES FROM ALLOTMENTS 
"SEC. 704. (a) From each State's allotment for a fiscal year under sec-
tion 703, the State shall be paid the Federal share of the expenditures 
incurred during such year under its State plan approved under section 
705. Such payments may be made (after necessary adjustments on 
account of previously made overpayments or underpayments) in 
advance or by way of reimbursement, and in such installments and on 
such conditions as the Commissioner may determine. 
"(b) (1) The Federal share with respect to any State for any fiscal 
year shall be 90 percent of the expenditures incurred by the State 
during such year under its State plan approved under section 705. 
" (2) The non-Federal share of the cost of any project assisted by an 
allotment under this subpart may be provided in kind, 
" (3) For the purpose of determining the Federal share with respect 
to any State, expenditures by a political subdivision of such State 
shall, subject to regulations prescribed by the Commissioner, be 
regarded as expenditures by such State. 
29 u s e 796c. 
Federal share. 
u 
STATE P L A N S 
"SEC. 705. (a) In order to be eligible for grants under this part, a 
State shall submit to the Commissioner a State plan for a three-year 
period for providing comprehensive services for independent living 
to severely handicapped individuals, and, upon request of the Com-
missioner, shall make such annual revisions in the plan as may be 
necessary. Each such plan shall— 
"(1) designate the designated State unit of such State as the 
agency to administer the programs funded under this part; 
"(2) demonstrate that the State has studied and considered a 
wide variety of methods for providing comprehensive services to 
severely handicapped individuals (such as regional and com-
munity centers, halfway houses, and patient-release programs) 
and that the State will provide, to the maximum extent feasible, 
meaningful alternatives to institutionalization; 
"(3) (A) describe the quality, scope, and extent of the compre-
hensive services for independent living to be provided to handi-
capped individuals under this part, and specify the State's goals 
and plans with respect to the distribution of funds received under 
part B of this title; and 
"(B) provide satisfactory assurances that facilities used in 
connection with the delivery of services assisted under this part 
and part B of this title will comply with the Act of August 12, 
1968, commonly known as the Architectural Barriers Act of 1968; 
"(4) provide assurances that (A) an individualized written 
rehabilitation program meeting the requirements of section 102 
will be developed for each handicapped individual eligible for 
independent living services under this part; (B) such services 
will be provided in accordance with such program; and (C) that 
such program be coordinated with the individualized written 
rehabilitation program, habilitation plan, or education program 
for such individual required under section 102 of this Act, section 
112 of the Developmental Disabilities Services and Facilties Con-
Submittal to 
Commissioner. 
29 use 796d. 
42 use 4151 
note. 
29 use 722. 
92 STAT. 2998 
PUBLIC LAW 95-602—NOV. 6, 1978 
42 use 6011. 
20 use 1412, 
1413. 
struction Act, and sections 612(4) and 614(a) (5) of the Educa-
tion for All Handicapped Children Act of 1975, respectively; 
"(5) provide assurances that the State will conduct periodic 
reviews of the progress of individuals assisted under this title to 
determine whether services provided to such individuals should be 
continued, modified, or discontinued; 
"(6) provide assurances that special efforts will be undertaken 
to provide technical assistance to urban and rural poverty areas 
with respect to the provision of comprehensive services for 
severely handicapped individuals and describe such efforts; 
"(7) provide assurances that handicapped individuals shall 
have a substantial role in developing the State plan; 
"(8) provide assurances that not less than 20 percent of the 
funds received by a State under this part shall be used to make 
grants to local public agencies and private nonprofit organizations 
for the conduct of independent living services except that the 
Commissioner may waive the requirement of this clause if the 
Commissioner determines, on the basis of evidence submitted by 
the State, that such State cannot feasibly use the funds required 
to be expended under this section for the purposes of this clause; 
and 
"(9) contain such other information, and be submitted in such 
form and in accordance with such procedures, as the Commissioner 
may require. 
" (b) As soon as practicable after receiving a State plan submitted 
under subsection (a), the Commissioner shall approve or disapprove 
such plan. The Commissioner shall approve any State plan which he 
determines meets the requirements and purposes of this section. The 
provisions of subsections (b), (c), and (d) of section 101 of this 
Act shall apply to any State plan submitted to the Commissioner pur-
suant to this section, except that for purposes of this section, all 
references in such subsections to the Secretary shall be deemed to be 
references to the Commissioner. 
"PART B—CENTERS FOR INDEPENDENT LIVING 
"CFRANT PROGRAM ESTABLISHED 
29 use 796e. 
"SEC. 711. (a) The Commissioner may make grants to any desig-
nated State unit which administers the State plan under section 705 to 
provide for the establishment and operation of independent living 
centers, which shall be facilities offering the services described in sub-
section (c) (2). 
Application. 
" (b) No grant may be made under this section unless an application 
therefore has been submitted to and approved by the Commissioner. 
The Commissioner may not approve an application for a grant unless 
the application— 
"(1) contains assurances that the designated State unit will 
; 
use funds provided by such grant in accordance with subsection 
(c); and 
"(2) contains such other information, and is submitted in such 
form and in accordance with such procedures, as the Commis-
sioner may require. 
"(c) An application by a public or nonprofit agency or organiza-
tion for such grant shall— 
"(1) provide assurances that handicapped individuals will be 
substantially involved in policy direction and management of such 
center, and will be employed by such center; 
Approval. 
29 use 721, 
Ante, pp. 2958, 
2959. 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 2999 
"(2) contain assurances that the independent living center 
to be assisted by such grant shall offer handicapped individuals 
a combination of independent living services, including as 
appropriate— 
"(A) intake counseling to determine the client's need for 
specific rehabilitation services; 
"(B) referral and counseling services with respect to atten-
dant care; 
"(C) counseling and advocacy services with respect to 
legal and economic rights and benefits; 
"(D) independent living skills, counseling, and training, 
including such programs as training in the maintenance of 
necessary equipment and in jobseekmg skills, counseling on 
therapy needs and programs, and special programs for the 
blind and deaf; 
"(E) housing and transportation referral and assistance; 
"(F) surveys, directories, and other activities to identify 
appropriate housing and accessible transportation, and other 
support services; 
"(G) health maintenance programs; 
"(H) peer counseling; 
"(I) community group living arrangements; 
"(J) education and training necessary for living in the 
community and participating in community activities; 
"(K) 
individual and group social and recreational 
activities; 
"(L) other programs designed to provide resources, train-
ing, counseling, services, or other assistance of substantial 
benefit in promoting the independence, productivity, and qual-
ity of life of handicapped individuals; 
"(M) attendant care and training of personnel to provide 
such care; and 
" (N) such other services as may be necessary and not incon-
sistent with the provisions of this title; and 
"(3) contain such other information, and be submitted in such 
form and in accordance with such procedures, as the Commissioner 
may require. 
"(d) If, within six months after the date in each fiscal year on which 
the Commissioner begins to accept applications from designated State 
units under this section, a designated State unit in a State has not 
submitted such an application, the Commissioner may accept appli-
cations for grants under this section from local public agencies or 
private nonprofit organizations within such State. After the receipt of 
such applications, the Commissioner may make grants to such agen-
cies or organizations for the purpose of establishing independent liv-
ing centers to provide the services described in subsection (c) (2). 
"PART C—IISTDEPENDENT LIVING SERVICES FOR OLDER BLIND 
INDIVIDITALS 
Independent 
living services. 
'SERVICE PROGRAM ESTABLISHED 
"SEC. 721. (a) TheCommissioner may make grants to any designated 
State^ unit to provide independent living services to older blind 
individuals. Such services shall be designed to assist an older blind 
individual to adjust to his blindness by becoming more able to care 
for his individual needs. Such services may include— 
Grants. 
29 use 796f. 
92 STAT. 3000 
PUBLIC LAW 95-602—NOV. 6, 1978 
Application. 
Funds. 
"Older blind 
individual." 
"(1) services to help correct blindness such as (A) outreach 
services, (B) visual screening, (C) surgical or therapeutic treat-
ment to prevent, correct, or modify disabling eye conditions, and 
(D^ hospitalization related to such services; 
"(2) the provision of eyeglasses and other visual aids; 
"(3) the provision of services and equipment to assist an older 
blind individual to become more mobile and more able to care for 
himseilf; 
"(4) mobility training. Braille instruction, and other services 
and equipment to help an older blind individual adjust to 
blindness; 
"(5) guide services, reader services, and transportation; and 
"(6) any other appropriate services designed to assist a blind 
person in coping with daily living activities, including supportive 
services or rehabilitation teaching services. 
"(b) No grant may be made under this section unless an application 
therefor, containing such information as the Commissioner may 
require, has been submitted to and approved by the Commissioner. The 
Commissioner may not approve any application for a grant unless the 
application contains assurances that the designated State unit will 
seek to incorporate any new methods and approaches relating to the 
services described in subsection (a) into its State plan for independent 
li ving services under section 705 of this title. 
"(c) Funds received under this section by any designated State unit 
may be used to make grants to public or private nonprofit agencies or 
organizations to— 
"(1) conduct activities which will improve or expand services 
for older blind individuals and help improve public understanding 
of the problems of such individuals; and 
"(2) provide independent living services to older blind indi-
viduals in accordance with the provisions of subsection (a). 
"(d) For purposes of this section, the term 'older blind individual' 
means an individual aged fifty-five or older whose severe visual impair-
ment makes gainful employment extremely difficult to attain but for 
whom independent living goals are feasible. 
"PART D—GENERAL PROVISIONS 
(( 
rROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS 
Grants. 
"SEC. 731. (a) The Commissioner may make grants to States to estab-
29 use 796g. 
lish systems to protect and advocate the rights of severely handicapped 
individuals. In order to be eligible for a grant under this section, a 
State shall provide the Commissioner with assurances that any system 
established with grants made under this section shall have the author-
ity to pursue legal, administrative, and other appropriate remedies to 
insure the protection of the rights of such individuals receiving services 
under this title within the State. A State must provide that such system 
will be independent of any designated State unit that provides services 
under this part to such individuals. 
Application. 
"(h) No grant may be made under this section unless an application 
therefor has been submitted to the Commissioner containing such in-
formation and in such form and in accordance with such procedures as 
the Commissioner may, by regulation, prescribe. 
Affirmative 
action. 
29 u s e 796h. 
"EMPLOYMENT OF HANDICAPPED INDIVIDUALS 
"SEC. 732. As a condition of providing assistance under this title, 
the Secretary shall require that each recipient of assistance take 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 3001 
affirmative action to employ and advance in employment qualified 
handicapped individuals on the same terms and conditions required 
with respect to the employment of such individuals under the provi-
sions of this Act which govern employment (1) by State rehabilitation 
agencies and rehabilitation facilities, and (2) under Federal contracts 
and subcontracts. 
"PART E—AUTHORIZATIONS 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 731. (a) For the purpose of carrying out the provisions of 29 USC 796i. 
parts A, B, and C of this title, there are authorized to be appropriated 
$80,000,000 for the fiscal year ending September 30, 1979, $150,000,000 
for the fiscal year ending September 30,1980, $200,000,000 for the fis-
cal year ending September 30,1981, and such sums as may be necessary 
for the fiscal year ending September 30,1982. 
"(b) From the amounts authorized to be appropriated under this 
section, an amount shall be made available for the purpose of carrying 
out the provisions of Part C of this title in an amount not in excess of 
10 percent of the amount made available for carrying out the provisions 
of subpart 1 of Part A of this title. 
"(c) (1) For the purpose of carrying out Part D of this title, there 
are authorized to be appropriated such sums as may be necessary for 
the fiscal year ending September 30, 1979, and for each of the three 
succeeding fiscal years, but in no event shall such sums exceed $6,000,000 
for the fiscal year ending September 30,1979, $7,500,000 for the fiscal 
year ending September 30, 1980, and $9,000,000 for the fiscal year 
ending September 30, 1981. 
"(2) The provisions of section 1913 of title 18 of the United States 
Code shall be applicable to all moneys authorized under the provisions 
of this subsection." 
CONFORMING 
AMENDMENT 
SEC. 302. The table of contents for the Rehabilitation Act of 1973, 
as amended in section 120(c)(6) and section 202(b), is further 
amended by adding at the end thereof tlie following: 
"TITLE VII—COMPREHENSIVE SERVICES FOR INDEPENDENT LIVING 
" P A E T A—COMPBEHENSIVE SERVICES 
"Sec. 701. Purpose. 
"Sec. 702. Eligibility. 
"Sec. 703. Allotments. 
"Sec. 704. Payments to States from allotments. 
"Sec. 705. State plans. 
"PART B—INDEPENDENT LIVING CENTERS 
"Sec. 711. Grant program established. 
"PART C—INDEPENDENT LIVING SERVICES FOB OLDER BLIND INDIVIDITALS 
"Sec. 721. Service program established. 
"PART D—GENERAL PROVISIONS 
"Sec. 731. Protection and advocacy of individual rights, 
"Sec. 732. Employment of handicapped individuals. 
"PART E—^AUTHORIZATIONS 
"Sec. 731. Authorization of appropriations.". 
89-194 O—80—pt. H 
24 : qL8 
92 STAT. 3002 
PUBLIC LAW 95-602—NOV. 6, 1978 
TITLE IV—SPECIAL STUDIES AND MISCELLANEOUS 
PROVISIONS 
Grants and 
contracts. 
29 u s e 762a. 
Report to 
cong 
committees. 
Appropriation 
authorization. 
Impact study, 
transmittal to 
Congress. 
29 u s e 701 note. 
42 u s e 401, 
1381. 
42 u s e 422, 
1382d. 
31 u s e 11. 
RESEARCH AND DEMONSTRATION PROJECTS 
SEC. 401. (a) The Secretary of Health, Education, and Welfare 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 mul-
tiple 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 appro-
priate committees of the Congress within four months after the date 
each such project is completed. 
(b) There are authorized to be appropriated to carry out this sec-
tion 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. 
(c) Within one year after the date appropriations are made under 
subsection (b) for purposes of research and demonstration projects 
imder subsection (a), 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 on recipients 
of disability payments under titles II and XVI of the Social Security 
Act. 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, 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 201 of the Budget and Accounting Act, 1921; 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 recommenda-
tions 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.". 
SPECIAL STUDY CONCERNING HANDICAPPED INDIVIDUALS LIVING I N RURAL 
AREAS 
Consultation. 
SEC. 402. The Secretary, after consultation with the Commissioner 
29 use 713 note, of the Rehabilitation Services Administration, Commissioner of Edu-
cation, the Director of the National Institute on Handicapped 
Research, and other appropriate officials, organizations, and individ-
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 3003 
uals, shall conduct a study of the special problems and needs of handi-
capped individuals who reside in rural areas in the United States. 
Upon the completion of such study, but not later than eighteen months 
after the date of enactment of this Act, the Secretary shall submit the 
results of such study, together with such recommendations as he deems 
appropriate to the President, and to the appropriate committees of 
the Congress. 
Submittal to 
President and 
congressional 
committees. 
SPECIAL STUDY CONCERNING DISINCENTIVES TO EMPLOYMENT 
SEC. 403. In consultation with appropriate Federal departments and 
agencies, the Secretary shall conduct a study of possible ways to 
structure Federal programs providing benefits to handicapped 
individuals in order to eliminate any disincentives for individuals 
receiving benefits under such programs to obtain and continue in 
employment. Upon the completion of such study, but not later than 
twenty-four months after the date of enactment of this Act, the Secre-
tary shall submit the results of such study, together with such recom-
mendations as the Secretary deems appropriate to the President and 
the Congress. 
PROHIBITION ON CERTAIN PROGRAMS 
SEC. 404. No funds appropriated under the Rehabilitation Act of 
1973, the Older Americans Act of 1965, or the Child Abuse Prevention 
and Treatment Act may be obligated or expended for research, demon-
stration, or evaluation programs or projects which are not directly 
managed and monitored by the office charged by law with direct 
responsibility for carrying out such research, demonstration, or eval-
uation programs or projects under such Acts and which are not specifi-
cally authorized in full by one or more such Acts. 
LIMITATIONS ON AUTHORIZATIONS 
SEC. 405. No authorization of appropriations in this Act (except 
for title V) shall be effective for any fiscal year beginning before 
October 1, 1978. Notwithstanding any other provision of this Act, no 
new borrowing authority or authority to enter into contracts under this 
Act (except for title V) shall be effective except to such extent or in 
such amounts as are provided in advance in appropriations Acts. 
TITLE V—AMENDMENTS TO THE 
DEVELOPMENTAL 
DISABILITIES SERVICES AND FACILITIES CONSTRUC-
TION ACT 
REFERENCE TO ACT 
SEC. 501. Whenever in this title an amendment or repeal is expressed 
in terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or other provi-
sion of the Developmental Disabilities Services and Facilities Con-
struction Act. 
SHORT TITLE; FINDINGS AND PURPOSES 
SEC. 502. Part A is amended by striking out section 101 and insert-
ing in lieu thereof the following sections: 
Consultation. 
29 u s e 713 note. 
Submittal to the 
President and 
congressional 
committees. 
29 u s e 701 note; 
42 u s e 3001 
note, 5101 note. 
Infra. 
42 use 6001 
note. 
42 use 6001 
note. 
<
( 
SHORT TITLE 
"SEC. 100. This title may be cited as the 'Developmental Disabilities 
Assistance and Bill of Rights Act'. 
Developmental 
Disabilities 
Assistance and 
Bill of Rights Act. 
42 u s e 6000 
note. 
92 STAT. 3004 
PUBLIC LAW 95-602—NOV. 6, 1978 
"FINDINGS AND PURPOSES 
42 use 6000. 
"SEC. 101. (a) The Congress finds that— 
" (1) there are more than two million persons with developmen-
tal disabilities in the United States; 
"(2) individuals with disabilities occurring during their devel-
opmental period are more vulnerable and less able to reach an 
independent level of existence than other handicapped individuals 
who generally have had a normal developmental period on which 
to draw during the rehabilitation process; 
"(3) persons with developmental disabilities often require spe-
cialized lifelong services to be provided by many agencies in a 
coordinated manner in order to meet the persons' needs; 
"(4) general service agencies and agencies providing special-
ized services to disabled persons tend to overlook or exclude 
persons with developmental disabilities in their planning and 
delivery of services; and 
" (5) it is in the national interest to strengthen specific programs, 
especially programs that reduce or eliminate the need for institu-
tional care, to meet the needs of persons with developmental 
disabilities. 
"(b)(1) It is the overall purpose of this title to assist States to 
assure that persons with developmental disabilities receive the care, 
treatment, and other services necessary to enable them to achieve 
their maximum potential through a system which coordinates, moni-
tors, plans, and evaluates those services and which ensures the protec-
tion of the legal and human rights of persons with developmental 
disabilities. 
" (2) The specific purposes of this title are— 
" (A) to assist in the provision of comprehensive services to per-
sons with developmental disabilities, with priority to those persons 
whose needs cannot be covered or otherwise met under the Edu-
20 use 1401 
cation for All Handicapped Children Act, the Rehabilitation Act 
note. 
of 1973, or other health, education, or welfare programs; 
29use701 note. 
"(B) to assist States in appropriate planning activities; 
Grants. 
"(C) to make grants to States and public and private, nonprofit 
agencies to establish model programs, to demonstrate innovative 
habilitation techniques, and to train professional and paraprofes-
sional personnel with respect to providing services to persons with 
developmental disabilities; 
"(D) to make grants to university affiliated facilities to assist 
them in administering and operating demonstration facilities for 
the provision of services to persons with developmental disabili-
ties, and interdisciplinary training programs for personnel needed 
to provide specialized services for these persons; and 
" (E) to make grants to support a system in each State to protect 
the legal and human rights of all persons with developmental 
disabilities.". 
DEFINITIONS AND SPECIAL REPORT 
42 use 6001. 
SEC. 503. (a) Section 102(1) is amended by inserting "the Northern 
Mariana Islands," after "Guam,". 
(b) (1) Paragraph (7) of section 102 is amended to read as follows: 
"(7) The term 'developmental disability' means a severe, chronic 
disability of a person which— 
"(A) is attributable to a mental or physical impairment 
or 
combination of mental and physical impairments; 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 3005 
"(B) is manifested before the person attains age twenty-two; 
"?C) is likely to continue indefinitely; 
"(D) results in substantial functional limitations in three or 
more of the following areas of major life activity: (i) self-care, 
(ii) receptive and expressive language, (iii) learning, (iv) mobil-
ity, (v) self-direction, (vi) capacity for independent living, and 
(vii) economic self-sufficiency; and 
"(E) reflects the person's need for a combination and sequence 
of special, interdisciplinary, or generic care, treatment, or other 
services which are of lifelong or extended duration and are indi-
vidually planned and coordinated.". 
(2) The Secretary of Health, Education, and Welfare shall sub- Report to 
mit to Congress, not later than January 15, 1981, a special report Congress, 
concerning the impact of the amendment of the definition of "devel- 42 USC 6001 
opmentally disabled" made by paragraph (1). This report shall ^°^^-
include— 
(A) an analysis of the impact of the amendment on each of the 
categories of persons with developmental disabilities receiving 
services under the Developmental Disabilities Assistance and 
Bill of Eights Act before the date of enactment of this Act, and Ante, p. 3003. 
for the fiscal year ending on September 30, 1979 and for the suc-
ceeding fiscal year, including— 
(i) the number of persons with developmental disabilities 
in each category served before and after such date of enact-
ment; and 
(ii) the amounts expended under such Act for each such 
category of persons with developmental disabilities before 
and after such date of enactment; and 
(B) an assessment, evaluation, and comparison of services pro-
vided to persons with developmental disabilities provided before 
the date of enactment of this Act and for the fiscal year ending 
September 30,1979 and for the succeeding fiscal year. 
(c) Paragraph (8) of section 102 is amended— 
42 USC 6001. 
(1) by inserting "(A) "after "(8);';^ 
(2) by striking out "means specialized services" and all that 
follows through "such term includes" and inserting in lieu thereof 
the following: "means priority services (as defined in subpara-
graph (B)), and any other specialized services or special adapta-
tions of generic services for persons with developmental 
disabilities, including in these services the"; and 
(3) by adding at the end thereof the following new 
subparagraphs: 
"(B) The term 'priority services' means case management services 
(as defined in subparagraph (C)), child development services (as 
defined in subparagraph (D)), alternative community living arrange-
ment services (as defined in subparagraph (E)), and nonvocational 
social-developmental services (as defined in subparagraph (F)). 
"(C) The term 'case management services' means such services to 
persons with developmental disabilities as will assist them in gaining 
access to needed social, medical, educational, and other services; and 
such term includes— 
"(i) follow-along services which ensure, through a continuing 
relationship, lifelong if necessary, between an agency or provider 
and a person with a developmental disability and the person's 
immediate relatives or guardians, that the changing needs of the 
person and the family are recognized and appropriately met; and 
"(ii) coordination services which provide to persons with 
developmental disabilities support, access to (and coordination 
92 STAT. 3006 
PUBLIC LAW 95-602—NOV. 6, 1978 
of) other services, information on programs and services, and 
monitoring of the persons' progress. 
"(D) The term 'child development services' means such services as 
will assist in the prevention, identification, and alleviation of develop-
mental disabilities in children, and includes (i) early intervention 
services, (ii) counseling and training of parents, (iii) early identifica-
tion of developmental disabilities, and (iv) diagnosis and evaluation 
of such developmental disabilities. 
"(E) The term 'alternative community living arrangement services' 
means such services as will assist persons with developmental disabil-
ities in maintaining suitable residential arrangements in the com-
munity, and includes in-house services (such as personal aides and 
attendants and other domestic assistance and supportive services), 
' 
family support services, foster care services, group living services, 
respite care, and staff training, placement, and maintenance services. 
"(F) The term 'nonvocational social-developmental services' means 
such services as will assist persons with developmental disabilities in 
performing daily living and work activities.". 
42 use 6001. 
(d) Paragraph (9) of section 102 is amended to read as follows: 
"(9) The term 'satellite center' means an entity which is afiiliated 
with one or more university affiliated facilities and which functions as 
a community or regional extension of such university affiliated facil-
ity or facilities in the delivery of services to persons with develop-
mental disabilities, and their families, who reside in geographical areas 
where adequate services are not otherwise available.". 
(e) Paragraph (10) of section 102 is amended by striking out "and 
which aids" and all that follows through the end thereof and insert-
ing in lieu thereof the following: "and which provides for at least the 
following activities: 
"(A) Interdisciplinary training for personnel concerned with 
developmental disabilities. 
"(B) Demonstration of the provision of exemplary services 
relating to persons with developmental disabilities. 
"(C) (i) Dissemination of findings relating to the provision of 
services to persons with developmental disabilities, and (ii) pro-
viding researchers and government agencies sponsoring service-
related research with information on the needs for further 
service-related research.". 
(f) Section 102 is amended by inserting after paragraph (11) the 
following new paragraph: 
"(12) The term 'State Planning Council' means a State Planning 
Post, p. 3015. 
Council established under section 137.". 
REPEAL OF NATIONAL ADVISORY COUNCIL ON SERVICES AND FACILITIES OF 
THE DEVELOPMENTALLY DISABLED 
Repeal. 
SEC. 504. (a) Section 108 is repealed. 
42 use 6007. 
(b) (1) Section 110(a) is amended by striking out ", in consultation 
42 use 6009. 
with the National Advisory Council on Services and Facilities for the 
Developmentally Disabled,". 
42 use 6081. 
(2) Section 145(a) is amended by striking out ", after consultation 
with the National Advisory Council on Services and Facilities to the 
Developmentally Disabled,". 
(3) Section 145(e) is amended by striking out "(after consultation 
with the National Advisory Council on Services and Facilities to the 
Developmentally Disabled)". 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 3007 
REGULATIONS 
SEC. 505. The text of section 109 is amended to read as follows: 
Regulations. 
"SEC. 109. The Secretary, not later than 180 days after the date of 42 USC 6008. 
enactment of any Act amending the provisions of this title, shall 
promulgate such regulations as may be required for the implementa-
tion of such amendments.". 
EVALUATION SYSTEM 
SEC. 506. (a) Section 110 (a) is amended— 
42 USC 6009. 
(1) by striking out "within two years of" and all that follows 
through "Bill of Rights Act develop" in the first sentence and 
inserting in lieu thereof "develop, not later than October 1,1979,"; 
(2) by striking out "Within six months after the development 
of such a system, the" in the second sentence and inserting in lieu 
thereof "The"; 
(3) by striking out "the receipt of assistance under this title, 
that such State" in the second sentence and inserting in lieu thereof 
"a State's receipt of assistance on and after October 1,1980, under 
this title, that the State" ; 
(4) by striking out "Within two years after the date of the 
development of such a system, the" in the third sentence and insert-
ing in lieu thereof "The"; and 
(5) by striking out "the receipt of assistance under this title, 
that each State" in the third sentence and inserting in lieu thereof 
"a State's receipt of assistance on and after October 1,1982, under 
this title, that the State". 
(b) Subsection (c) of section 110 is amended to read as follows: 
"(c) Upon development of the evaluation system described in subsec- Report to 
tion (b), the Secretary shall submit to Congress a report on the sys- Congress, 
tem, which report shall include an estimate of the costs to the Federal 
Government and the States of developing and implementing such a 
system.". 
(c) Section 110 is amended by striking out subsection (d). 
RIGHTS o r THE DEVELOPMENTALLY DISABLED 
SEC, 507. Section 111 is amended by adding at the end thereof the 
42 USC 6010. 
following new sentence: "The rights of persons with developmental 
disabilities described in findings made in this section are in addition to 
any constitutional or other rights otherwise afforded to all persons.". 
PROTECTION AND ADVOCACY OP INDIVIDUAL RIGHTS 
SEC. 508. (a) Section 113 (a) is amended— 
42 USC 6012. 
(1) by striking out "The Secretary shall require" and all that 
follows through "such system will (A)" and inserting in lieu 
= ; ^ 
thereof "In order for a State to receive an allotment under part C, 
(1) the State must have in effect a system to protect and advocate 
the rights of persons with developmental disabilities, (2) such 
system must (A)"; 
(2) by striking out "State" in clause (2) (B); 
(3) by striking out "and (B)" and inserting in lieu thereof 
"(B) not be administered by the State Planning Council, and 
(C)"; 
92 STAT. 3008 
PUBLIC LAW 95-602—NOV. 6, 1978 
(4) by inserting before the period at the end of the first sen-
tence the following: ", and (3) the State must submit to the 
Secretary in a form prescribed by the Secretary in regulations (A) 
a report, not less often than once every three years, describing the 
system, and (B) an annual report describing the activities carried 
out under the system and any changes made in the system during 
the previous year"; and 
(5) by striking out the last sentence thereof. 
42 use 6012. 
(b) Section 113(b) (1) is amended— 
r 1 Vby inserting " (A)" after " (b) (1)"; 
Allotments. 
(2) by amending the second sentence to read as follows: "Allot-
ments and reallotments of such sums shall be made on the same 
basis as the allotments and reallotments are made under the first 
42 use 6062. 
sentence of subsections (a) (1) and (d) of section 132, except 
that no State (other than Guam, the Northern Mariana Islands, 
American Samoa, the Virgin Islands, and the Trust Territory of 
the Pacific Islands) in any fiscal year shall be allotted an amount 
under this subparagraph which is less than the greater of $50,000 
or the amount of the allotment to the State under this paragraph 
for the previous fiscal year."; and 
(3) by adding at the end the following new subparagraph: 
"(B) Notwithstanding subparagraph (A), if the aggregate of the 
amounts of the allotments for grants to be made in accordance with 
such subparagraph for any fiscal year exceeds the total of the amounts 
appropriated for such allotments under paragraph (2), the amount 
of a State's allotment for such fiscal year shall bear the same ratio to 
the amount otherwise determined under such subparagraph as the total 
of the amounts appropriated for that year under paragraph (2) bears 
to the aggregate amount required to make an allotment to each of 
the States in accordance with subparagraph (A).". 
(c) Paragraph (2) of section 113(b) is amended (1) by striking out 
"and" after "1977,", and (2) by adding before the period the follow-
ing: ", $9,000,000 for the fiscal year ending September 30, 1979, 
$12,000,000 for the fiscal year ending September 30, 1980, and 
$15,000,000 for the fiscal year ending September 30, 1981. The pro-
visions of section 1913 of title 18, United States Code, shall be appli-
cable to all moneys authorized under the provisions of this section". 
GRANT AUTHORITY, APPLICATIONS, AND AUTHORIZATION OF APPROPRIATIONS 
rOR UNIVERSITY AFFILIATED FACILITIES 
42 use 
SEC. 509. Part B is amended to read as follows: 
6041-6043. 
"PART B—^UNIVERSITY AFFILIATED FACILITIES 
((, 
GRANT AUTHORITY 
42 use 6031. 
"SEC. 121. (a) From appropriations under section 123, the Secre-
42 use 6033. 
tary shall make grants to university affiliated facilities to assist in the 
42 use 6001. 
administration and operation of the activities described in section 102 
(10). 
"(b) The Secretary may make one or more grants to a university 
affiliated facility receiving a grant under subsection (a) to support one 
or more of the following activities: 
"(1) Conducting a feasibility study of the ways in which it, 
singly or jointly with other university affiliated facilities which 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 3009 
have received a grant under subsection (a), can establish and 
operate one or more satellite centers which would be located in 
areas not served by a university affiliated facility. Such a study 
shall be carried out in consultation with the State Planning Coun-
cil for the State in which the facility is located and where the 
satellite center would be established. 
"(2) Assessing the need for trained personnel in providing 
assistance to persons with developmental disabilities. 
"(3) Provision of service-related training to practitioners pro-
viding services to persons with developmental disabilities. 
" (4) Conducting an applied research program designed to pro-
duce more efficient and effective methods (A) for the delivery of 
services to persons with developmental disabilities, and (B) for 
the training of professionals, paraprofessionals, and parents who 
provide these services. 
The amount of a grant under paragraph (1) may not exceed $25,000. 
"(c) The Secretary may make grants to pay part of the costs of 
establishing satellite centers and may make grants to satellite centers 
to pay part of their administration and operation costs. The Secretary 
may approve an application for a grant under this subsection only 
if the feasibility of establishing or operating the satellite center for 
which the grant is applied for has been established by a study assisted 
under this section. 
"APPLICATIONS 
University 
affiliated 
facilities, 
standards. 
42 use 6032. 
Ante, p. 2955. 
"SEC. 122. (a) Not later than six months after the date of the enact-
ment of the Rehabilitation, Comprehensive Services, and Develop-
mental Disabilities Amendments of 1978, the Secretary shall establish 
by regulation standards for university affiliated facilities. These stand-
ards for facilities shall reflect the special needs of persons with develop-
mental disabilities who are of various ages, and shall include 
performance standards relating to each of the activities described in 
section 102(10). 
"(b) No grant may be made under section 121 unless an application 
therefor is submitted to, and approved by, the Secretary. Such an 
application shall be submitted in such form and manner, and contain 
such information, as the Secretary may require. Sudh an application 
shall be approved by the Secretary only if the application contains or 
is supported by reasonable assurances that— 
" (1) the making of the grant will (A) not result in any decrease 
in the use of State, local, and other non-Federal funds for services 
for persons with developmental disabilities and for training of 
persons to provide such services, which funds would (except for 
such grant) be made available to the applicant, and (B) be used 
to supplement and, to the extent practicable, increase the level of 
such funds; and 
"(2) (A) the applicant's facility is in full compliance with the 
standards established under subsection (a), or 
"(B) (i) the applicant is making substantial progress toward 
bringing the facility into compliance with such standards, and 
(ii) the facility will, not later than three years after the date of 
approval of the initial application or the date standards are pro-
mulgated under subsection (a), whichever is later, fully comply 
with such standards. 
" (c) The Secretary shall establish such a process for the review of Review process, 
applications for grants under section 121 as will ensure, to the max-
92 STAT. 3010 
PUBLIC LAW 95-602—NOV. 6, 1978 
imum extent feasible, that each Federal agency that provides funds for 
the direct support of the applicant's facility reviews the application. 
"(d) (1) The amount of any grant under section 121(a) to a uni-
versity afl&liated facility Shall not be less than $150,000 for any fiscal 
year. 
"(2) The amount of any grant under section 121(c) to a satellite 
center which has received a grant under section 121(b) (as in effect 
before the date of the enactment of the Rehabilitation, Comprehensive 
Ante, p. 2955. 
Services, and Developmental Disabilities Amendments of 1978) for 
the fiscal year ending September 30,1978, shall not be less than $75,000 
for any fiscal year. 
(( 
AUTHORIZATION OF APPROPRIATIONS 
42 use 6033. 
"SEC. 123. (a) For the purpose of making grants under section 121, 
there are authorized to be appropriated $12,000,000 for the fiscal year 
ending September 30,1979, $14,000,000 for the fiscal year ending Sep-
tember 30, 1980, and $16,000,000 for the fiscal year ending September 
30,1981. 
" (b) Of the sums appropriated under subsection (a), not less than— 
" (1) $9,000,000 for the fiscal year ending September 30,1979, 
"(2) $10,000,000 for the fiscal year ending September 30, 1980, 
and 
"(3) $11,000,000 for the fiscal year ending September 30,1981, 
shall be made available for grants under subsections (a) and (c) of 
section 121 to qualified applicants which received grants under section 
121 during the fiscal year ending September 30,1978. The remainder of 
the sums appropriated for such fiscal years shall be made available as 
the Secretary determines, except that not less than 40 percent of such 
remainder shall be made available for grants under subsections (b) 
and (c) of section 121.". 
AUTHORIZATION AND ALLOTMENTS FOR STATES 
42 use 6061. 
SEC. 510. (a) Section 131 is amended (1) by striking out "and" after 
"1977,", and (2) by inserting before the period the following: ", 
$55,000,000 for the fiscal year ending September 30, 1979, $65,000,000 
for the fiscal year ending September 30,1980, and $75,000,000 for the 
fiscal year ending September 30,1981.". 
42 use 6062. 
(b) Section 132(a) is amended— 
(1) by striking out subparagraph (B) of paragraph (1) and 
paragraphs (2), (3), and (4); 
(2) by striking out "and facilities" each place it appears in 
subsection (a) (1); 
(3) by striking out "(A)" in paragraph (1) (A) and by 
redesignating clauses (i) through (iii) of such paragraph as sub-
paragraphs (A) through (C), respectively; and 
(4) by inserting at the end thereof the following new 
paragraphs: 
"(2) For any fiscal year, the allotment under paragraph (1)— 
" (A) to each of American Samoa, Guam, the Virgin Islands, the 
Northern Mariana Islands, or the Trust Territory of the Pacific 
Islands may not be less than $100,000, and 
"(B) to any other State may not be less than the greater of 
$250,000, or the amount of the allotment (determined without 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 3011 
regard to subsection (d)) received by the State for the fiscal year 
ending September 30,1978. 
"(3) In determining, for purposes of paragraph (1) (B), the extent 
of need in any State for services for persons with deve;lopmental dis-
abilities, the Secretary shall take into account the scope and extent of 
the services described, pursuant to section 133(b) (2) (B), in the State 
plan of the State.". 
STATE PLANS FOR PROVISION OF SERVICES 
SEC. 511. (a) Subsection (b) of section 133 is amended to read as 42 U
S
C 6063. 
follows: 
"(b) In order to be approved by the Secretary under this section, a Requiremente. 
State plan for the provision of services for persons with developmental 
disabilities must meet the following requirements: 
"State Planning Council and Administration of Plan 
"(1) (A) The plan must provide for the establishment of a State 
Planning Council, in accordance with section 137, for the assignment ^ost, p. 3015. 
to the Council of pei-sonnel in such numbers and with such qualifica-
tions as the Secretary determines to be adequate to enable the Council 
to carry out its duties under that section, and for the identification of 
the personnel so assigned. 
"(B) The plan must designate the State agency or agencies which 
shall administer or supervise the administration of the State plan and, 
if there is more than one such agency, the portion of such plan which 
each will administer (or the portion the administration of which each 
will supervise). 
"(C) The plan must provide that each State agency designated Reports, 
under subparagraph (B) will make such reports, in such form and 
containing such information, as the Secretary may from time to time 
reasonably require, and will keep such records and afford such access 
thereto as the Secretary finds necessary to verify such reports. 
"(D) The plan must provide for such fiscal control and fund 
accounting procedures as may be necessary to assure the proper dis-
bursement of and accounting for funds paid to the State under this 
part. 
"Description of Objectives and Services 
"(2) The plan musi^ 
"(A) set out the specific objectives to be achieved under the 
plan and a listing of the programs and resources to be used to 
meet such objectives; 
"(B) describe (and provide for the review annually and revi-
sion of the description not less often than once every three years) 
(i) the extent and scope of services being provided, or to be pro-
vided, to persons with developmental disabilities under such other 
State plans for Federally assisted State programs as the State 
conducts relating to education for the handicapped, vocational 
rehabilitation, public assistance, medical assistance, social services, 
maternal 
and 
child 
health, 
crippled 
children's 
services, 
and comprehensive health and mental health, and under such 
other plans as the Secretary may specify, and (ii) how funds 
allotted to the State in accordance with section 132 will be used 42 USC 6062. 
92 STAT. 3012 
PUBLIC LAW 95-602—NOV. 6, 1978 
to complement and augment rather than duplicate or replace 
services for persons with developmental disabilities which are 
eligible for Federal assistance under such other State programs; 
"(C) for each fiscal year, assess and describe the extent and 
Ante, p. 3005. 
scope of the priority services (as defined in section 102(8) (B)) 
being or to be provided under the plan in the fiscal year; and 
"(D) establish a method for the periodic evaluation of the 
plan's effectiveness in meeting the objectives described in sub-
paragraph (A). 
"Use of Funds 
" (3) The plan must contain or be supported by assurances satisfac-
tory to the Secretary that— 
42 use 6062. 
" (A) the funds paid to the State under section 132 will be used 
to make a significant contribution toward strengthening services 
for persons with developmental disabilities through agencies in 
the various political subdivisions of the State; 
"(B) part of such funds will be made available by the State 
to public or nonprofit private entities; 
"(C) such funds paid to the State under section 132 will be 
used to supplement and to increase the level of funds that would 
, 
otherwise be made available for the purposes for which Federal 
funds are provided and not to supplant such non-Federal funds; 
and 
"(D) there will be reasonable State financial participation in 
the cost of carrying out the State plan. 
"Provision of Priority Services 
"(4) (A) The plan must— 
" (i) provide for the examination not less often than once every 
three years of the provision, and the need for the provision, in the 
State of the four different areas of priority services (as defined 
in section 102(8) (B)); and 
"(ii) provide for the development, not later than the second 
year in which funds are provided under the plan after the date of 
the enactment of the Rehabilitation, Comprehensive Services, and 
Ante, p. 2955. 
Developmental Disabilities Amendments of 1978, and the timely 
review and revision of a comprehensive statewide plan to plan, 
financially support, coordinate, and otherwise better address, on a 
statewide and comprehensive basis, unmet needs in the State for 
the provision of at least one of the areas of priority services, such 
area or areas to be specified in the plan, and (at the option of the 
State) for the provision of an additional area of services for the 
developmentally disabled, such area also to be specified in the 
plan. 
"(B) (i) Except as provided in clause (iii), the plan must provide 
that not less than $100,000 or 65 percent of the amount available to 
the State under section 132, whichever is greater, will be expended, as 
provided in clause (ii), for service activities in the areas of services 
specified in the plan under subparagraph (A) (ii). 
"(ii) For any year in which the sums appropriated under section 
42 use 6061. 
131 do not exceed— 
"(I) $60,000,000, not less than $100,000 or 65 percent of the 
'^ 
amount available to the State under section 132, whichever is 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 3013 
"Service 
activities. 
greater, must be expended for service activities in no more than 
two of the areas of services specified in the plan under subpara-
graph (A) (ii), and 
"(II) $90,000,000, not less than $100,000 or 65 percent of the 
amount available to the State under section 132, whichever is 42 USC 6062. 
greater, must be expended for service activities in no more than 
three of the areas of services specified in the plan under sub-
paragraph (A)(ii). 
"(iii) A State, in order to comply with clause (i) for a fiscal year 
beginning before January 1,1980, is not required to reduce the amount 
which is available to it under section 132 and which is expended for 
planning activities below the amount so expended for planning activi-
ties in the preceding fiscal year, if substantially the remainder of the 
amount available to the State, which is expended for other than admin-
istration, is expended for service activities in the areas of services 
specified in the plan under subparagraph (A) (ii). For purposes of this 
clause, expenditures for planning activities dp not include any expendi-
tures for service activities (as defined in clause (iv)). 
"(iv) For purposes of this subparagraph, the term 'service activi-
ties' includes, with respect to an area of services, provision of services 
in the area, model service programs in the area, activities to increase 
the capacity of institutions and agencies to provide services in the 
area, coordinating the provision of services in the area with the provi-
sion of other services, outreach to individuals for the provision of 
services in the area, the training of personnel to provide services in 
the area, and similar activities designed to expand the use and 
• 
' 
availability of services in the area. 
"(C) Notwithstanding subparagraph (B), upon the application 
of a State, the Secretary, pursuant to regulations which the Secretary 
shall prescribe, may permit the portion of the funds which must other-
wise be expended under the State plan for service activities in a limited 
number of areas of services to be expended for service activities in 
additional areas of services if he determines that the expenditures of 
the State on service activities in the initially specified areas of services 
has reasonably met the need for those services in the State in com-
parison to the extent to which the need for such additional area or 
areas of services has been met in such State. Such additional areas 
shall, to the maximum extent feasible, be areas within the areas of 
priority services (as defined in section 102(8) (B)). 
^nte, p. 3005. 
"(D) The plan must provide that special financial and, technical Urban or rural 
assistance shall be given to agencies or entities providing services for poverty areas, 
persons with developmental disabilities who are residents of geograph-
ical areas designated as urban or rural poverty areas. 
"Standards for Provision of Services and Protection of Rights of 
Recipients of Services 
"(5)(A)(i) The plan must provide that services furnished, and 
the facilities in which they are furnished, under the plan for persons 
with developmental disabilities will be in accordance with standards 
prescribed by the Secretary in regulations. 
"(ii) The plan must provide satisfactory assurances that buildings Buildings, 
used in connection with the delivery of services assisted under the plan 
will meet standards adopted pursuant to the Act of August 12, 1968 
(42 U.S.C. 4151-4157) (known as the Architectural Barriers Act of 
1968). 
92 STAT. 3014 
PUBLIC LAW 95-602—NOV. 6, 1978 
"(B) The plan must provide that services are provided in an indi-
42 use 6011. 
vidualized manner consistent with the requirements of section 112 
(relating to habilitation plans). 
"(C) The plan must contain or be supported by assurances satis-
( 
factory to the Secretary that the human rights of all persons with 
developmental disabilities (especially those persons without familial 
protection) who are receiving treatment, services, or habilitation under 
programs assisted under this title will be protected consistent with 
42 use 6010. 
section 111 (relating to rights of the developmentally disabled). 
"(D) The plan must provide assurances that the State has under-
taken affirmative steps to assure the participation in programs under 
this title of individuals generally representative of the population of 
the State, with particular attention to the participation of members 
of minority groups. 
"Professional Assessment and Evaluation Systems 
" (6) The plan must provide for— 
" (A) an assessment of the adequacy of the skill level of profes-
sionals and paraprof essionals serving persons with developmental 
disabilities in the State and the adequacy of the State programs 
and plans supporting training of such professionals and parapro-
fessionals in maintaining the high quality of services provided to 
persons with developmental disabilities in the State; and 
"(B) the planning and implementation of an evaluation system 
42 use 6009. 
(in accordance with section 110 (a)). 
"Utilization of VISTA Personnel; Effect of Deinstitutionalization 
" (7) (A) The plan must provide for the maximum utilization of all 
available community resources including volunteers serving under 
42 use 4951 
the Domestic Volunteer Service Act of 1973 (Public Law 93-113) and 
note. 
other appropriate voluntary organizations, except that such volunteer 
services shall supplement, and shall not be in lieu of, services of paid 
employees. 
eonsultation. 
"(B) The plan must provide for fair and equitable arrangements 
(as determined by the Secretary after consultation with the Secretary 
of Labor) to protect the interests of employees affected by actions 
under the plan to provide alternative community living arrangement 
Ante, p. 3006. 
Services (as defined in section 102(8) (E)), including arrangements 
designed to preserve employee rights and benefits and to provide 
training and retraining of such employees where necessary and 
arrangements under which maximum efforts will be made to guarantee 
the employment of such employees. 
"Additional Information and Assurances Kequired by Secretary 
"(8) The plan also must contain such additional information and 
assurances as the Secretary may find necessary to carry out the pro-
visions and purposes of this part.". 
42 use 6063. 
(b) Section 133(d) (1) is amended by striking out "for such pur-
pose" and inserting in lieu thereof "for the total expenditures for 
such purpose by all of the State agencies designated under subsection 
(b) (1) (B) for the administration or supervision of the administration 
of the State plan". 
' 
.v:r^ 
; 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 3015 
(c) Section 133(d) (2) is amended by striking out "during the fis- 42 USC 6063, 
cal year ending June 30, 1975" and inserting in lieu thereof "dur-
ing the previous fiscal year". 
STATE PLANNING COUNCILS 
SEC. 512. (a) Subsection (a) of section 137 is amended to read as 
follows: 
"(a) (1) Each State which receives assistance under this part shall 
establish a State Planning Council which will serve as an advocate 
for persons with developmental disabilities (as defined in section 102 
(7)). The members of the State Planning Council of a State shall be 
appointed by the Governor of the State from among the residents of 
that State. The Governor of each State shall make appropriate pro-
visions for the rotation of membership on the Council of his respective 
State. Each State Planning Council shall at all times include in its 
membership representatives of the principal State agencies, higher 
education training facilities, local agencies, and nongovernmental 
agencies and groups concerned with services to persons with develop-
mental disabilities in that State. 
"(2) At least one-half of the membership of each such Council shall 
consist of persons who— 
"(A) are persons with developmental disabilities or parents or 
guardians of such persons, or 
"(B) are immediate relatives or guardians of persons with 
mentally impairing developmental disabilities, 
who are not employees of a State agency which receives funds or 
provides services under this part, who are not managing employees (as 
defined in section 1126(b) of the Social Security Act) of any other 
entity which receives funds or provides services under this part, and 
who are not persons with an ownership or control interest (within the 
meaning of section 1124(a) (3) of the Social Security Act) with 
respect to such an entity, 
"(3) Of the members of the Council described in paragraph (2)— 
"(A) at least one-third shall be persons with developmental 
disabilities, and 
"(B) (i) at least one-third shall be individuals described in 
subparagraph (B) of paragraph (2), and (ii) at least one of such 
individuals shall be an immediate relative or guardian of an insti-
tutionalized person with a developmental disaoility.". 
(b) Section 137(b) is amended to read as follows: 
"(b) Each State Planning Council shall— 
"(1) develop jointly with the State agency or agencies desig-
nated under section i33(b)(l)(B) the State plan required by 
this part, including the specification of areas of services under 
section 133 (b) (4) (A) (ii) ; 
"(2) monitor, review, and evaluate, not less often than annu-
ally, the implementation of such State plan; 
"(3) to the maximum extent feasible, review and comment on 
all State plans in the State which relate to programs affecting per-
sons with developmental disabilities; and 
"(4) submit to the Secretary, through the Governor, such peri-
odic reports on its activities as the Secretary may reasonably 
42 USC 6067, 
Establishment. 
Ante, p. 3004. 
Membership. 
42 USC 
1320a-5. 
42 USC 
1320a-3. 
Review. 
Reports and 
records. 
92 STAT. 3016 
PUBLIC LAW 95-602—NOV. 6, 1978 
request, and keep such, records and afford such access thereto as 
the Secretary finds necessary to verify such reports.". 
42 use 6067. 
(c) Section 137 is amended by striking out subsection (c). 
SPECIAL PROJECT GRANTS 
42 use 6081. 
SEC. 513. (a) Section 145 is amended— 
(1^ by inserting " (particularly jjriority services) " after "other-
wise improving services" in subsection (a)(1); 
(2) by strikmg out", including programs" and all that follows 
through the semicolon at the end of paragraph (1) of subsection 
(a) and inserting in lieu thereof "; and"; 
(3) by striking out "subsection (d)" in subsections (e) and 
(f) and inserting in lieu thereof "subsection (f)" each place it 
appears; 
(4) by redesignating subsections (b) through (f) as subsec-
tions (d) through (h), respectively; 
(5) by inserting after paragraph (1) of subsection (a) the fol-
lowing (and redesignating paragraphs (2) through (9) of sub-
section (a) as paragraphs (1) through (8), respectively): 
"(2) demonstrations (and research, training, and evaluation in 
connection therewith) for establishing programs which hold 
promise of expanding or otherwise improving protection and 
advocacy services related to the state protection and advocacy 
42 use 6012. 
system (described in section 113). 
"(b) Grants provided under subsection (a) shall include grants 
for—"; and 
(6) by inserting before subsection (d), as so redesignated, the 
following new subsection: 
Participation 
"(c) The Secretary shall establish procedures to insure participa-
procedures. 
tion of persons with developmental disabilities and their parents or 
guardians in determining priorities to be utilized by the Secretary in 
making grants under this section.". 
(b) Section 145(b), as amended by subsection (a) of this section, is 
amended (1) by striking out "and" at the end of paragraph (7), (2) 
by striking out the period at the end of paragraph (8) and inserting 
in lieu thereof "; and", and (3) by adding at the end thereof the fol-
lowing new paragraph: 
" (9) developing or demonstrating innovative methods to attract 
and retain professionals to serve in rural areas in the habilitation 
of persons with developmental disabilities.". 
(c) Section 145(f), as so redesignated, is amended (1) by striking 
out "and" after "1977,", and (2) by inserting before the period the 
following:", $20,000,000 for the fiscal year ending September 30,1979, 
$22,000,000 for the fiscal year ending September 30, 1980, and 
$26,000,000 for the fiscal year ending September 30,1981". 
TECHNICAL AND CONFORMING AMENDMENTS 
42 use 6011. 
SEC. 514. (a) Section 112 is amended— 
(1) by striking out "after September 30, 1976," in subsection 
(a); 
(2) by striking out "Such" in subsection (b) (3) and inserting 
in lieu thereof ""nie"; and 
PUBLIC LAW 95-602—NOV. 6, 1978 
92 STAT. 3017 
(3) by striking out "an" before "objective criteria" in clause 
(B) of subsection (b) (3). 
(b) Section 134 is amended— 
42 USC 6064. 
(1) by striking out "CONSTRUCTION," in its heading, 
(2) by striking out" (a)" in subsection (a), and 
(3) by striking out subsection (b). 
(c) Section 135 is amended— 
42 USC 6065. 
(1) by striking out "CONSTRUCTION," in its heading; 
(2) by striking out" (a)" in subsection (a); and 
(3) by striking out subsection (b). 
(d) The heading to part C is amended to read as follows: 
" P A R T C — G R A N T S FOR P L A N N I N G AND PROVISION OF SERVICES FOR 
PERSONS WITH DEVELOPMENTAL DISABILITIES". 
EFFECTIVE DATE 
SEC. 615. The amendments made by this title shall apply to pay- 42 USC 6000 
ments under title I of the Mental Retardation Facilities and Com- °ot«-
munity Mental Health Centers Construction Act for fiscal years 42 USC 2661 
beginning on and after October 1,1978. 
°°*«-
Approved November 6, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-1149 (Coram, on Education and Labor) and No. 95-1780 
(Comm. of Conference). 
SENATE REPORT No. 95-890 accompanying S. 2600 (Comm. on Human Resources). 
CONGRESSIONAL RECORD, VoL 124 (1978): 
May 16, considered and passed House. 
Sept. 20, 21, S. 2600 considered in Senate; H.R. 12467, amended, passed in 
lieu. 
Sept. 26, House agreed to Senate amendments, with amendments. 
Oct. 15, Senate and House agreed to conference report. 
.•i!l-l!ll ()-H(l—pi. .i 
25 : QI,;i