text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1076

 100 STAT. 1792

PUBLIC LAW 99-502—OCT. 20, 1986

SEC. 6. REWARDS FOR SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL OR FEDERAL AGENCIES.

The Stevenson-Wydler Technology Innovation Act of 1980 (as amended by the preceding provisions of this Act) is further amended by inserting after section 12 the following new section: 15 USC 3710b.

"SEC. 13. REWARDS FOR SCIENTIFIC, ENGINEERING, AND TECHNICAL PERSONNEL OF FEDERAL AGENCIES.

"The head of each Federal agency that is making expenditures at a rate of more than $50,000,000 per fiscal year for research and development in its Government-operated laboratories shall use the appropriate statutory authority to develop and implement a cash awards program to reward its scientific, engineering, and technical personnel for— "(1) inventions, innovations, or other outstanding scientific or technological contributions of value to the United States due to commercial application or due to contributions to missions of the Federal agency or the Federal government, or "(2) exemplary activities that promote the domestic transfer of science and technology development within the Federal Government and result in utilization of such science and technology by American industry or business, universities, State or local governments, or other non-Federal parties.". SEC. 7. DISTRIBUTION OF ROYALTIES RECEIVED BY FEDERAL AGENCIES.

The Stevenson-Wydler Technology Innovation Act of 1980 (as amended by the preceding provisions of this Act) is further amended by inserting after section 13 the following new section: 15 USC 3710c.

Effective date. Federal Register, publication. Regulations.

"SEC. 14. DISTRIBUTION AGENCIES.

OF

ROYALTIES

RECEIVED

BY

FEDERAL

"(a) IN GENERAL.—(1) Except as provided in paragraphs (2) and (4), any royalties or other income received by a Federal agency from the licensing or assignment of inventions under agreements entered into under section 12, and inventions of Government-operated Federal laboratories licensed under section 207 of title 35, United States Code, or under any other provision of law, shall be retained by the agency whose laboratory produced the invention and shall be disposed of as follows: "(A)(i) The head of the agency or his designee shall pay at least 15 percent of the royalties or other income the agency receives on account of any invention to the inventor (or co-inventors) if the inventor (or each such co-inventor) was an employee of the agency at the time the invention was made. This clause shall take effect on the date of the enactment of this section unless the agency publishes a notice in the Federal Register within 90 days of such date indicating its election to file a Notice of Proposed Rulemaking pursuant to clause (ii). "(ii) An agency may promulgate, in accordance with section 553 of title 5, United States Code, regulations providing for an alternative program for sharing royalties with inventors who were employed by the agency at the time the invention was made and whose names appear on licensed inventions. Such regulations must— "(I) guarantee a fixed minimum payment to each such inventor, each year that the agency receives royalties from that inventor's invention;

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1077

 PUBLIC LAW 99-502—OCT. 20, 1986

100 STAT. 1793

"(11) provide a percentage royalty share to each such inventor, each year that the agency receives royalties from that inventor's invention in excess of a threshold amount; "(III) provide that total payments to all such inventors shall exceed 15 percent of total agency royalties in any given fiscal year; and "(IV) provide appropriate incentives from royalties for those laboratory employees who contribute substantially to the technical development of a licensed invention between the time of the filing of the patent application and the licensing of the invention, "(iii) An agency that has published its intention to promulgate regulations under clause (ii) may elect not to pay inventors under clause (i) until the expiration of two years after the date of the enactment of this Act or until the date of the promulgation of such regulations, whichever is earlier. If an agency makes such an election and after two years the regulations have not been promulgated, the agency shall make payments (in accordance with clause (i)) of at least 15 percent of the royalties involved, retroactive to the date of the enactment of this Act. If promulgation of the regulations occurs within two years after the date of the enactment of this Act, payments shall be made in accordance with such regulations, retroactive to the date of the enactment of this Act. The agency shall retain its royalties until the inventor's portion is paid under either clause (i) or (ii). Such royalties shall not be transferred to the agency's Government-operated laboratories under subparagraph (B) and shall not revert to the Treasury pursuant to paragraph (2) as a result of any delay caused by rulemaking under this subparagraph, "(B) The balance of the royalties or other income shall be transferred by the agency to its Government-operated laboratories, with the majority share of the royalties or other income from any invention going to the laboratory where the invention occurred; and the funds so transferred to any such laboratory may be used or obligated by that laboratory during the fiscal year in which they are received or during the succeeding fiscal year— "(i) for payment of expenses incidental to the administration and licensing of inventions by that laboratory or by the agency with respect to inventions which occurred at that laboratory, including the fees or other costs for the services of other agencies, persons, or organizations for invention management and licensing services; "(ii) to reward scientific, engineering, and technical employees of that laboratory; "(iii) to further scientific exchange among the Governmentoperated laboratories of the agency; or "(iv) for education and training of employees consistent with the research and development mission and objectives of the agency, and for other activities that increase the licensing potential for transfer of the technology of the Governmentoperated laboratories of the agency. Any of such funds not so used or obligated by the end of the fiscal year succeeding the fiscal year in which they are received shall be paid into the Treasury of the United States. "(2) If, after payments to inventors under paragraph (1), the royalties received by an agency in any fiscal year exceed 5 percent of the budget of the Government-operated laboratories of the agency for that year, 75 percent of such excess shall be paid to the Treasury

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text: The Yellow Book/Volume 6/Consolation

title: The Yellow Book/Volume 6/Consolation


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1078

 100 STAT. 1794

Wages.

PUBLIC LAW 99-502—OCT. 20, 1986

of the United States and the remaining 25 percent may be used or obligated for the purposes described in clauses (i) through (iv) of paragraph (1)(B) during that fiscal year or the succeeding fiscal year. Any funds not so used or obligated shall be paid into the Treasury of the United States. "(3) Any payment made to an employee under this section shall be in addition to the regular pay of the employee and to any other awards made to the employee, and shall not affect the entitlement of the employee to any regular pay, annuity, or award to which he is otherwise entitled or for which he is otherwise eligible or limit the amount thereof. Any payment made to an inventor as such shall continue after the inventor leaves the laboratory or agency. Payments made under this section shall not exceed $100,000 per year to any one person, unless the President approves a larger award (with the excess over $100,000 being treated as a Presidential award under section 4504 of title 5, United States Code). "(4) A Federal agency receiving royalties or other income as a result of invention management services performed for another Federal agency or laboratory under section 207 of title 35, United States Code, shall retain such royalties or income to the extent required to offset the payment of royalties to inventors under clause (i) of paragraph (1)(A), costs and expenses incurred under clause (i) of paragraph (1)(B), and the cost of foreign patenting and maintenance for such invention performed at the request of the other agency or laboratory. All royalties and other income remaining after payment of the royalties, costs, and expenses described in the preceding sentence shall be transferred to the agency for which the services were performed, for distribution in accordance with clauses (i) through (iv) of paragraph (1)(B). "(b) CERTAIN ASSIGNMENTS.—If the invention involved was one

assigned to the Federal agency— "(1) by a contractor, grantee, or participant in a cooperative agreement with the agency, or "(2) by an employee of the agency who was not working in the laboratory at the time the inventon was made, the agency unit that was involved in such assignment shall be considered to be a laboratory for purposes of this section. "(c) REPORTS.—(1) In making their annual budget submissions Federal agencies shall submit, to the appropriate authorization and appropriation committees of both Houses of the Congress, summaries of the amount of royalties or other income received and expenditures made (including inventor awards) under this section. "(2) The Comptroller General, five years after the date of the enactment of this section, shall review the effectiveness of the various royalty-sharing programs established under this section and report to the appropriate committees of the House of Representatives and the Senate, in a timely manner, his findings, conclusions, and recommendations for improvements in such programs.". SEC. 8. EMPLOYEE ACTIVITIES.

The Stevenson-Wydler Technology Innovation Act of 1980 (as amended by the preceding provisions of this Act) is further amended by inserting after section 14 the following new section: Patents and trademarks. Business and industry. 15 USC 3710d.

"SEC. 15. EMPLOYEE ACTIVITIES.

"(a) IN GENERAL.—If a Federal agency which has the right of ownership to an invention under this Act does not intend to file for

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1079

 PUBLIC LAW 99-502—OCT. 20, 1986

100 STAT. 1795

a patent application or otherwise to promote commercialization of such invention, the agency shall allow the inventor, if the inventor is a Government employee or former employee who made the invention during the course of employment with the Government, to retain title to the invention (subject to reservation by the Government of a nonexclusive, nontransferrable, irrevocable, paid-up license to practice the invention or have the invention practiced throughout the world by or on behalf of the Government). In addition, the agency may condition the inventor's right to title on the timely filing of a patent application in cases when the Government determines that it has or may have a need to practice the invention. "(b) DEFINITION.—For purposes of this section, Federal employees include 'special Government employees' as defined in section 202 of title 18, United States Code. "(c) RELATIONSHIP TO OTHER LAWS.—Nothing in this section is intended to limit or diminish existing authorities of any agency.". SEC. 9. MISCELLANEOUS AND CONFORMING AMENDMENTS. (a) REPEAL OF NATIONAL INDUSTRIAL TECHNOLOGY BOARD.—Section

10 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3709) is repealed. (b) CHANGES IN TERMINOLOGY OR ADMINISTRATIVE STRUCTURE.—(1)

Section 3(2) of the Stevenson-Wydler Technology Innovation Act of 1980 is amended by striking out "centers for industrial technology" and inserting in lieu thereof "cooperative research centers". (2) Section 4 of such Act is amended— (A) by striking out "Industrial Technology" in paragraph (1) and inserting in lieu thereof "Productivity, Technology, and Innovation"; (B) by striking out " 'Director' means the Director of the Office of Industrial Technology" in paragraph (3) and inserting in lieu thereof " 'Assistant Secretary' means the Assistant Secretary for Productivity, Technology, and Innovation"; (C) by striking out "Centers for Industrial Technology" in paragraph (4) and inserting in lieu thereof "Cooperative Research Centers"; (D) by striking out paragraph (6), and redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively; and (E) by striking out "owned and funded" in paragraph (6) as so redesignated and inserting in lieu thereof "owned, leased, or otherwise used by a Federal agency and funded". (3) Section 5(a) of such Act is amended by striking out "Industrial Technology" and inserting in lieu thereof "Productivity, Technology, and Innovation". (4) Section 5(b) of such Act is amended by striking out "DIRECTOR" and inserting in lieu thereof "ASSISTANT SECRETARY", and by striking out "a Director of the Office" and all that follows and inserting in lieu thereof "an Assistant Secretary for Productivity, Technology, and Innovation.". (5) Section 5(c) of such Act is amended— (A) by striking out "the Director" each place it appears and inserting in lieu thereof "the Assistant Secretary"; (B) by redesignating paragraphs (7) and (8) as paragraphs (9) and (10), respectively; and (C) by inserting immediately after paragraph (6) the following new paragraphs:

15 USC 3702. 15 USC 3703.

15 USC 3704.

'

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1080

 100 STAT. 1796

15 USC 3705.

PUBLIC LAW 99-502—OCT. 20, 1986

"(7) encourage and assist the creation of centers and other joint initiatives by State of local governments, regional organizations, private businesses, institutions of higher education, nonprofit organizations, or Federal laboratories to encourage technology transfer, to stimulate innovation, and to promote an appropriate climate for investment in technologyrelated industries; "(8) propose and encourage cooperative research involving appropriate Federal entities. State or local governments, regional organizations, colleges or universities, nonprofit organizations, or private industry to promote the common use of resources, to improve training programs and curricula, to stimulate interest in high technology careers, and to encourage the effective dissemination of technology skills within the wider community;". (6) The heading of section 6 of such Act is amended to read as follows: "SEC. 6. COOPERATIVE RESEARCH CENTERS."

(7) Section 6(a) of such Act is amended by striking out "Centers for Industrial Technology" and inserting in lieu thereof "Cooperative Research Centers". (8) Section 6(b)(1) of such Act is amended by striking out "basic and applied". (9) Section 6(e) of such Act is amended to read as follows: "(e) RESEARCH AND DEVELOPMENT UTILIZATION.—In the promotion

35 USC 200 et seq. 15 USC 3707.

15 USC 3714.

Ante, p. 1785.

15 USC 3703.

of technology from research and development efforts by Centers Under this section, chapter 18 of title 35, United States Code, shall apply to the extent not inconsistent with this section.". (10) Section 6(f) of such Act is repealed. (11) The heading of section 8 of such Act is amended by striking out "CENTERS FOR INDUSTRIAL TECHNOLOGY" and inserting in lieu thereof "COOPERATIVE RESEARCH CENTERS". (12) Section 8(a) of such Act is amended by striking out "Centers for Industrial Technology" and inserting in lieu thereof "Cooperative Research Centers". (13) Section 19 of such Act (as redesignated by section 2 of this Act) is amended by striking out "pursuant to this Act" and inserting in lieu thereof "pursuant to the provisions of this Act (other than sections 12,13, and 14)". (c) RELATED CONFORMING AMENDMENT.—Section 210 of title 35, United States Code, is amended by adding at the end thereof the following new subsection: "(e) The provisions of the Stevenson-Wydler Technology Innovation Act of 1980, as amended by the Federal Technology Transfer Act of 1986, shall take precedence over the provisions of this chapter to the extent that they permit or require a disposition of rights in subject inventions which is inconsistent with this chapter.". (d) ADDITIONAL DEFINITIONS.—Section 4 of such Act (as amended by subsection (b)(2) of this section) is further amended by adding at the end thereof the following new paragraphs: "(8) 'Federal agency' means any executive agency as defined in section 105 of title 5, United States Code, and the military departments as defined in section 102 of such title. "(9) 'Invention' means any invention or discovery which is or may be patentable or otherwise protected under title 35, United States Code, or any novel variety of plant which is or may be

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1081

 PUBLIC LAW 99-502—OCT. 20, 1986

100 STAT. 1797

protectable under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.). "(10) 'Made' when used in conjunction with any invention means the conception or first actual reduction to practice of such invention. "(11) 'Small business firm' means a small business concern as defined in section 2 of Public Law 85-536 (15 U.S.C. 632) and implementing regulations of the Administrator of the Small Business Administration. "(12) 'Training technology' means computer software and related materials which are developed by a Federal agency to train employees of such agency, including but not limited to software for computer-based instructional systems and for interactive video disc systems.". (e) REDESIGNATION OF SECTIONS TO REFLECT CHANGES MADE BY PRECEDING PROVISIONS.—(1) Such Act (as amended by the preceding

provisions of this Act) is further amended by redesignating sections 11 through 19 as sections 10 through 18, respectively. (2)(A) Section 5(d) of such Act is amended by inserting "(as then in effect)" after "sections 5, 6, 8,11,12, and 13 of this Act". (B) Section 8(a) of such Act is amended by striking out the last sentence. (C) Section 9(d) of such Act is amended by striking out "or 13" and inserting in lieu thereof "10,14, or 16". (3) Section 13(a)(1) of such Act (as redesignated by paragraph (1) of this subsection) is amended by striking out "section 12" in the matter preceding subparagraph (A) and inserting in lieu thereof "section 11". (4) Section 18 of such Act (as redesignated by paragraph (1) of this subsection) is amended by striking out "sections 12, 13, and 14" and inserting in lieu thereof "sections 11,12, and 13". (f) CLARIFICATION OF FINDINGS AND PURPOSES.—(1) The second sentence of section 2(10) of such Act (15 U.S.C. 3701(10)) is amended by inserting ", which include inventions, computer software, and training technologies," immediately after "developments". (2) Section 3(3) of such Act (15 U.S.C. 3702(3)) is amended by inserting ", including inventions, software, and training technologies," immediately after "developments". Approved October 20, 1986.

LEGISLATIVE HISTORY—H.R. 3773: HOUSE REPORTS: No. 99-415 (Comm. on Science and Technology) and No. 99-953 (Comm. of Conference). SENATE REPORTS: No. 99-283 (Comm. on Commerce, Science, and Transportation). CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 9, considered and passed House. Vol. 132 (1986): Aug. 9, considered and passed Senate, amended. Oct. 3, Senate agreed to conference report. Oct. 7, House agreed to conference report.

15 USC ^l^^r^I^}-. ^^ USC 3704. 15 USC 3707. 15 USC 3708. 15 USC 37i0c.

15 USC 3714.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1082

 100 STAT. 1798

PUBLIC LAW 99-503—OCT. 20, 1986

Public Law 99-503 99th Congress

'

"

,

An Act Oct. 20, 1986 [H.R. 4216]

To provide for the replacement of certain lands within the Gila Bend Indian Reservation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Gila Bend Indian United States of America in Congress assembled, Reservation t^"?^ ^ Replacement Act

Public lands. Agriculture and agricultural commodities. Arizona.

96 Stat. 1282.

SHORT TITLE

SECTION 1. This Act may be cited as the "Gila Bend Indian Reservation Lands Replacement Act". CONGRESSIONAL FINDINGS

SEC. 2. The Congress finds that: (1) Section 308 of Public Law 97-293 authorizes the Secretary of the Interior to exchange certain agricultural lands of the Gila Bend Indian Reservation, Arizona, for public lands suitable for farming. (2) An examination of public lands within a one-hundred-mile radius of the reservation disclosed that those which might be suitable for agriculture would require substantial Federal outlays for construction of irrigation systems, roads, education and health facilities. (3) The lack of an appropriate land base severely retards the economic self-sufficiency of the O'odham people of the Gila Bend Indian Reservation, contributes to their high unemployment and acute health problems, and results in chronic high costs for Federal services and transfer payments. (4) This Act will facilitate replacement of reservation lands with lands suitable for sustained economic use which is not principally farming and do not require Federal outlays for construction, and promote the economic self-sufficiency of the O'odham Indian people. DEFINITIONS

• A: '

vs

SEC. 3. For the purposes of this Act, the term: (1) "Central Arizona Project" means the project authorized under title III of the Colorado River Basin Project Act (82 Stat. 887; 43 U.S.C. 1521, et seq.). (2) "Tribe" means the Tohono O'odham Nation, formerly known as the Papago Tribe of Arizona, organized under section 16 of the Act of June 18, 1934 (48 Stat. 987; 25 U.S.C. 476). (3) "Secretary" means the Secretary of the Interior. (4) "San Lucy District" means the political subdivision of the Tohono O'odham Nation exercising governmental functions on the Gila Bend Indian Reservation.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1083

 PUBLIC LAW 99-503—OCT. 20, 1986

100 STAT. 1799

ASSIGNMENT OF TRIBAL LANDS; RETAINED RIGHTS

SEC. 4. (a) If the tribe assigns to the United States all right, title, and interest of the Tribe in nine thousand eight hundred and eighty acres of land within the Gila Bend Indian Reservation, the Secretary of the Interior shall pay to the authorized governing body of the Tribe the sum of $30,000,000—$10,000,000 in fiscal year 1988, $10,000,000 in fiscal year 1989 and $10,000,000 in fiscal year 1990— together with interest accruing from the date of enactment of this Act at a rate determined by the Secretary of the Treasury taking into consideration the average market yield on outstanding Federal obligations of comparable maturity, to be used for the benefit of the San Lucy District. The Secretary shall accept any assignment under this subsection. (b) The Tribe shall be permitted to continue to hunt, fish, and gather on any lands assigned to the United States under subsection (a) of this section so long as such lands remain in Federal ownership. (c) With respect to any lands of the Gila Bend Indian Reservation which the Tribe does not assign to the United States, the Tribe shall have the right to withdraw ground water therefrom from wells having a capacity of less than thirty-five gallons per minute and which are used only for domestic purposes.

Hunting. Fish and fishing. Water.

AUTHORIZATION OF APPROPRIATIONS r

SEC. 5. Effective October 1, 1987 there is authorized to be appropriated such sums as may be necessary to carry out the purposes of section 4.

Effective date.

USE OF SETTLEMENT FUNDS; ACQUISITION OF LANDS

SEC. 6. (a) The Tribe shall invest sums received under section 4 in interest bearing deposits and securities until expended. The authorized governing body of the Tribe may spend the principal and the interest and dividends accruing on such sums on behalf of the San Lucy District for land and water rights acquisition, economic and community development, and relocation costs. Such income may be used by the Tribe for planning and administration related to land and water rights acquisition, economic and community development and relocation for the San Lucy District. (b) The Secretary shall not be responsible for the review, approval or audit of the use and expenditure of the moneys referred to in this section, nor shall the Secretary be subject to liability for any claim or cause of action arising from the Tribe's use and expenditure of such moneys. No portion of such moneys shall be used for per capita payments to any members of the Tribe. (c) The Tribe is authorized to acquire by purchase private lands in an amount not to exceed, in the aggregate, nine thousand eight hundred and eighty acres. The Tribe and the United States shall be forever barred from asserting any and all claims for reserved water rights with respect to any land acquired pursuant to this subsection. (d) The Secretary, at the request of the Tribe, shall hold in trust for the benefit of the Tribe any land which the Tribe acquires pursuant to subsection (c) which meets the requirements of this subsection. Any land which the Secretary holds in trust shall be deemed to be a Federal Indian Reservation for all purposes. Land does not meet the requirements of this subsection if it is outside the counties of Maricopa, Pinal, and Pima, Arizona, or within the

Securities. Water. Community development.

Claims.

Claims.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1084

 100 STAT. 1800

State and local governments.

PUBLIC LAW 99-503—OCT. 20, 1986

corporate limits of any city or town. Land meets the requirements of this subsection only if it constitutes not more than three separate areas consisting of contiguous tracts, at lesist one of which areas shall be contiguous to San Lucy Village. The Secretary may waive the requirements set forth in the preceding sentence if he determines that additional areas are appropriate. (e) The Secretary shall establish a water management plan for any land which is held in trust under subsection (c) which, except as is necessary to be consistent with the provisions of this Act, will have the same effect as any management plan developed under Arizona law. REAL PROPERTY TAXES

Contracts.

SEC. 7, (a) With respect to any private land acquired by the Tribe under section 6 and held in trust by the Secretary, the Secretary shall make payments to the State of Arizona and its political subdivisions in lieu of real property taxes. (b) The Secretary is authorized to enter into agreements with the State of Arizona and its political subdivisions pursuant to which the Secretary may satisfy the obligation under subsection (a), in whole or in part, through the transfer of public land under his jurisdiction or interests therein, including land within the Gila Bend Indian Reservation or interests therein. WATER D E U V E R Y

Contracts.

SEC. 8. If the tribe acquires rights to the use of any water by purchase, rental, or exchange within the State of Arizona, the Secretary, at the request of the Tribe, shall deliver such water, at no cost to the United States, through the main project works of the Central Arizona Project to any land acquired under section 5(c), if, in the judgment of the Secretary, sufficient canal capacity exists to convey such water: Provided, That deliveries of such water shall not displace deliveries of Central Arizona Project water. The rate charged to the tribe for water delivery shall be the same as that charged by the Central Arizona Water Conservation District pursuant to contracts entered into pursuant to the Colorado River Basin Project Act (43 U.S.C. 1521, et seq.). Nothing in this section shall be deemed to obligate the Secretary to construct any water delivery system. WAIVER AND RELEASE OF CLAIMS; EFFECTIVE DATE

Water.

SEC. 9. (a) The Secretary shall be required to carry out the obligations of this Act only if within one year after the enactment of this Act the Tribe executes a waiver and release in a manner satisfactory to the Secretary of any and all claims of water rights or injuries to land or water rights (including rights to both surface and ground water) with respect to the lands of the Gila Bend Indian Reservation from time immemorial to the date of the execution by the Tribe of such a waiver. (b) Nothing in this section shall be construed as a waiver or release by the Tribe of any claim where such claim arises under this Act. (c) The assignment referred to in section 4 and the waiver and release referred to in this section shall not take effect until such time as the full amount authorized to be appropriated in section 4 has been appropriated by the Congress and paid to the Tribe.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1085

 PUBLIC LAW 99-503—OCT. 20, 1986

100 STAT. 1801

COMPLIANCE WITH BUDGET ACT

SEC. 10. No authority under this Act to enter into contracts or to Contracts. make payments shall be effective except to the extent and in such Effective date, amounts as provided in advance in appropriations Acts. Any provision of this Act which, directly or indirectly, authorizes the enactment of new budget authority shall be effective only for fiscal years beginning after September 30, 1987. Approved October 20, 1986.

LEGISLATIVE HISTORY—H.R. 4216: HOUSE REPORTS: No. 99-851 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 132 (1986): Sept. 23, considered and passed House. Oct. 1, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1086

 100 STAT. 1802

PUBLIC LAW 99-504—OCT. 20, 1986

Public Law 99-504 99th Congress

i'^T'

An Act Oct. 20, 1986 [S. 816] Nebraska Wilderness Act of 1985. National Wilderness Preservation System. National Forest System. Conservation. 16 USC 1132 note. 16 USC 1131 note.

To establish the Pine Ridge National Recreation Area and Soldier Creek Wilderness in the State of Nebraska, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 1. That this Act may be cited as the "Nebraska Wilderness Act of 1985". TITLE I—WILDERNESS SEC. 101. In furtherance of the purposes of the Wilderness Act of 1964, certain lands in the Nebraska National Forest, which comprise approximately eight thousand one hundred acres, as generally depicted on a map entitled "Soldier Creek Wilderness—Proposed", dated February 1985, are hereby designated wilderness and, therefore, as a component of the National Wilderness Preservation System, and shall be known as the Soldier Creek Wilderness. ADMINISTRATION OF WILDERNESS

Animals.

16 USC 1133 and note.

SEC. 102. (a) Subject to valid existing rights and the provisions of subsection (b), the wilderness area designated under section 101 shall be administered by the Secretary of Agriculture (hereinafter in this Act referred to as the "Secretary") in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act. OJ) In the administration of the wilderness in the State of Nebraska— (1) grazing of livestock in wilderness areas established by this Act, if established prior to the date of the enactment of this Act, shall be administered in accordance with section 4(d)(4) of the Wilderness Act and section 108 of Public Law 96-560; and (2) the Secretary is directed to review all policies, practices, and regulations of the Department of Agriculture regarding livestock grazing in national forest wilderness areas in Nebraska in order to insure that such policies, practices, and regulations fully conform with and implement the intent of Congress regarding grazing in such areas, as such intent is expressed in this Act. MAPS AND DESCRIPTIONS

SEC. 103. As soon as practicable after the date of the enactment of this Act, the Secretary shall submit a map and legal description of the wilderness area designated by section 101 to the Committee on Energy and Natural Resources or the Senate and the Committee on Agriculture and the Committee on Interior and Insular Affairs of

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1087

 PUBLIC LAW 99-504—OCT. 20, 1986

100 STAT. 1803

the House of Representatives. Such map and legal description shall have the same force and effect as if included in this Act, except that any clerical or typographical error in such map or legal description may be corrected. The Secretary shall place such map and legal Public description on file, and make them available for public inspection, in information. the Office of the Chief of the Forest Service, Department of Agriculture. WILDERNESS REVIEW CONCERNS

SEC. 104. (a) The Congress finds that— (1) the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); and (2) the Congress has made its own review and examination of National Forest System roadless areas in the State of Nebraska and of the environmental impacts associated with alternative allocations of such areas. (b) On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the question of the legal and factual sufficiency of the RARE II final environmental statement (dated January 1979) with respect to National Forest System lands in States other than Nebraska, such statement shall not be subject to judicial review with respect to National Forest System lands in the State of Nebraska; (2) with respect to the National Forest System lands in the State of Nebraska, which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II), that review and evaluation shall be deemed for the purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, to be an adequate consideration of the suitability of such lands for inclusion in the National Wilderness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the revisions of the plans, but shall review the wilderness option when the plans are revised, which revisions will ordinarily occur on a ten-year cycle, or at least every fifteen years, unless, prior to such time the Secretary of Agriculture finds that conditions in a unit have significantly changed; (3) areas in the State of Nebraska reviewed in such final environmental statement and not designated wilderness upon enactment of this Act shall be managed for multiple use in accordance with land management plans pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976: Provided, That such areas need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of the initial land management plans; (4) in the event that revised land management plans in the State of Nebraska are implemented pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law, areas not recommended for wilderness designation need not be managed for the purpose of

Environmental protection.

16 USC 1600 note.

16 USC 1604.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1088

 100 STAT. 1804

16 USC 1600 note.

16 USC 1604.

PUBLIC LAW 99-504—OCT. 20, 1986

protecting their suitability for wilderness designation prior to or during revision of such plans, and areas recommended for wilderness designation shall be managed for the purpose of protecting their suitability for wilderness designation as may be required by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and other applicable law; and (5) unless expressly authorized by Congress, the Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of National Forest System lands in the State of Nebraska for the purpose of determining their suitability for inclusion in the National Wilderness Preservation System, (c) As used in this section, and as provided in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, the term "revision" shall not include an "amendment" to a plan. TITLE II—PINE RIDGE NATIONAL RECREATION AREA DESIGNATION OF PINE RIDGE NATIONAL RECREATION AREA

l6 USC 460rr.

SEC. 201. Certain lands in the Nebraska National Forest, Nebraska, which comprise approximately six thousand six hundred acres, as generally depicted on a map entitled "Pine Ridge National Recreation Area—Proposed", dated September 1986, are hereby designated as the Pine Ridge National Recreation Area. MAP AND DESCRIPTION

16 USC 460rr-l.

Public information.

SEC. 202. As soon as practicable after enactment of this Act, the Secretary of Agriculture shall file a map and legal description of the national recreation area designated by this title with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and with the Committee on Energy and Natural Resources of the United States Senate. Such map and description shall have the same force and effect as if included in this title, except that correction of clerical and typographical errors in such map and description may be made by the Secretary. Such map and description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. ADMINISTRATION OF THE NATIONAL RECREATION AREA

16 USC 460rr-2.

SEC. 203. (a) Subject to valid existing rights, the Pine Ridge National Recreation Area designated by this title shall be administered by the Secretary of Agriculture in accordance with the laws, rules, and regulations applicable to the national forests in a manner compatible with the following objectives: (1) the continuation of existing primitive and semiprimitive recreational use in a natural environment; (2) preservation and protection of forest, aquatic and grassland habitat; (3) protection and conservation of special areas having uncommon or outstanding wilderness, biological, geological, recreational, cultural, historical or archeological, and scientific, or other values contributing to the public benefit;

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1089

 PUBLIC LAW 99-504—OCT. 20, 1986

100 STAT. 1805

(4) the continuation of existing livestock grazing uses; Animals. (5) the control of noxious weeds and insects and prevention of their spreading onto the nearby private and Federal lands; and (6) the control of fires and prevention of their spreading onto nearby private and Federal lands. Oo) The Secretary shall enter into a Memorandum of Agreement Contracts. State and local with local and State firefighting agencies and individuals to assure governments. the best utilization of the firefighting resources available in the nearby communities for control of fire in the national recreation area. (c) The Secretary shall permit hunting, fishing, and trapping on Hunting. Fish and lands and waters under the Secretary's jurisdiction within the Trapping. fishing. boundaries of the national recreation area designated by this title in accordance with applicable laws of the United States and the State of Nebraska. (d) Subject to valid existing rights, all Federal lands within the Minerals and national recreation area are hereby withdrawn from location, entry, mining. and patent under the United States mining laws, and from disposition under all laws pertaining to mineral and geothermal leasing and all amendments thereto. (e) Nothing in this Act shall be construed as affecting the jurisdic- Fish and fishing, tion or responsibilities of the State of Nebraska with respect to wildlife and fish in the national recreation area. (f) Within eighteen months after the date of enactment of this Act, the Secretary shall develop and submit to the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate a comprehensive management plan for the national recreation area designated by this title. (g) In conducting the reviews and preparing the comprehensive management plan required by subsection (d), the Secretary shall provide for full public participation, and shall consider the views of all interested agencies, organizations, and individuals. Approved October 20, 1986.

LEGISLATIVE HISTORY—S. 816: HOUSE REPORTS: No. 99-854, Pt. 1 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-122 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 1, considered and passed Senate. Sept. 23, considered and passed House, amended. Oct. 3, Senate concurred in House amendments.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1090

 100 STAT. 1806

PUBLIC LAW 99-505—OCT. 21, 1986

Public Law 99-505 99th Congress

An Act
 * i

Oct. 21, 1986 [H.R. 2224]

To amend the Immigration and Nationality Act to permit nonimmigrant alien crewmen on fishing vessels to stop temporarily at ports in Guam.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NEW NONIMMIGRANT CREWMAN CLASSIFICATION.

Section 101(a)(15XD) of the Immigration and Nationality Act (8 U.S.C. llOKaXlSXD)) is amended by inserting "(i)" after "(D)" and by adding at the end the following new clause: "(ii) an alien crewman serving in good faith as such in any capacity required for normal operations and service aboard a fishing vessel having its home port or an operating base in the United States who intends to land temporarily in Guam and solely in pursuit of his calling as a crewman and to depart from Guam with the vessel on which he arrived;". 8 USC 1101 note.

SEC. 2. TREATMENT OF DEPARTURES FROM GUAM.

In the administration of section 101(a)(15XDXii) of the Immigration and Nationality Act (added by the amendment made by section 1 of this Act), an alien crewman shall be considered to have departed from Guam after leaving the territorial waters of Guam, without regard to whether the alien arrives in a foreign state before returning to Guam. Approved October 21, 1986.

LEGISLATIVE HISTORY—H.R. 2224: HOUSE REPORTS: No. 99-592 (Coram, on the Judiciary). CONGRESSIONAL RECORD, Vol. 132 (1986): May 12, considered and passed House. Oct. 3, considered and passed Senate.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1091

 PUBLIC LAW 99-506—OCT. 21, 1986

100 STAT. 1807

Public Law 99-506 99th Congress An Act To extend and improve the Rehabilitation Act of 1973.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the "Rehabilitation Act Amendments of 1986". (b) TABLE OF CONTENTS.—The table of contents is as follows: TABLE OF CONTENTS Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

101. 102. 103. 104. 105. 106. 107. 108. 109.

TITLE I-AMENDMENTS TO THE GENERAL PROVISIONS Statement of purpose. Rehabilitation Services Administration. Definitions. Monitoring, evaluation, and administration. Reports. Evaluation. Transfer of funds. State administration. Review of applications.

201. 202. 203. 204. 205. 206. 207. 208. 209. 210. 211. 212.

TITLE II—VOCATIONAL REHABILITATION SERVICES Authorization of appropriations. State plans. Individualized rehabilitation program. Scope of vocational rehabilitation services. Non-Federal share for construction. State allotments. Funds for American Indian vocational rehabilitation services. Payments to States; maintenance of effort. Client assistance program. Payments to States. American Indian vocational rehabilitation services grants. Study of needs of American Indians with handicaps.

301. 302. 303. 304. 305.

TITLE III—RESEARCH AND TRAINING Authorization of appropriations. Redesignation of national institute. National Institute on Disability and Rehabilitation Research. Composition of Interagency committee. Research.

401. 402. 403. 404. 405. 406. 407.

TITLE IV—SUPPLEMENTARY SERVICES AND FACILITIES Grants for construction of rehabilitation facilities. Vocational training services for individuals with handicaps. Training. Comprehensive rehabilitation centers. Sp)ecial projects and supplementary services; reauthorization. Special demonstration programs. Special recreational programs.

501. 502. 503. 504.

TITLE V—NATIONAL COUNCIL ON THE HANDICAPPED Purpose of the Council. Duties of National Council. Staff. Reauthorization.

Oct. 21, 1986 [H.R. 4021]

Rehabilitation

Act Amendments of

in^T^.o/-. am ^ ^9 USC 701 note.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1092

 100 STAT. 1808

PUBLIC LAW 99-506—OCT. 21, 1986 TITLE VI—ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

Sec. 60L Architectural and Transportation Barriers Compliance Board. Sec. 602. Interagency Coordinating Council. Sec. 603. Electronic equipment accessibility. TITLE VII-EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH HANDICAPS Sec. Sec. Sec. Sec. Sec.

701. 702. 703. 704. 705.

Equitable distribution of assistance. Reauthorization of part A of title VI. Projects with industry. Projects with industry reauthorization. Supported employment opportunities for individuals with severe handicaps. TITLE VIII—SERVICES FOR INDEPENDENT LIVING

Sec. Sec. Sec. Sec. Sec. Sec.

801. 802. 803. 804. 805. 806.

Eligibility for comprehensive services. State plan assurance. State independent living council. Grants for centers for independent living. Evaluation and review of independent living centers. Reauthorization for title VII. TITLE IX—AMENDMENTS TO OTHER LAWS

Sec. 901. Reauthorization of Helen Keller National Center Act. Sec. 902. President's Committee on Employment of the Handicapped. TITLE X—TECHNICAL AND MISCELLANEOUS PROVISIONS Sec. Sec. Sec. Sec. Sec. Sec.

1001. 1002. 1003. 1004. 1005. 1006.

Use of gender neutral terminology in Act. Technical and conforming amendments. Civil rights remedies equalization. Cost rate report of secretary. Maintenance of effort. Effective Date.

TITLE I—AMENDMENTS TO THE GENERAL PROVISIONS 29 USC 701.

SEC. lOL STATEMENT OF PURPOSE.

Section 2 of the Rehabilitation Act of 1973 (hereinafter referred to as the "Act") is amended by inserting immediately before the period at the end thereof a comma and "for individuals with handicaps in order to maximize their employability, independence, and integration into the workplace and the community". 29 USC 702.

SEC. 102. REHABILITATION SERVICES ADMINISTRATION. (a) QuAUFiCATiON OF COMMISSIONER.—Section 3 of the Act is amended by inserting after the second sentence the following new sentence: "The Commissioner shall be an individual with substantial experience in rehabilitation and in rehabilitation program management.". (b) STAFFING.—Section 3 of the Act is amended by adding at the end thereof the following new subsection: "(c) The Secretary shall take such action as necessary to ensure that— "(1) the staffing of the Rehabilitation Services Administration shall be in sufficient numbers to meet program needs and at levels which will attract and maintain the most qualified personnel; and

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1093

 PUBLIC LAW 99-506—OCT. 21, 1986

100 STAT. 1809

"(2) such staff includes individuals who have training and experience in the provision of rehabilitation services and that staff competencies meet professional standards.". SEC. 103. DEFINITIONS.

29 USC 706.

(a) EVALUATION OF REHABILITATION POTENTIAL.—Paragraph (5) of

section 7 of the Act is amended— (1) by inserting "recreational," in subparagraph (B) after "cultural, social,"; (2) by inserting "employability" after "individual's" the second time it appears; (3) by striking out "and" at the end of subparagraph (F); (4) by striking out the period at the end of subparagraph (G) and inserting in lieu thereof a semicolon and "and"; and (5) by adding at the end thereof the following new subparagraph: "(H) where appropriate, the provision of rehabilitation engineering services to any individual with a handicap to assess and develop the individual's capacities to perform adequately in a work environment.". (b) EMPLOYABILITY.—Section 7 of the Act is amended by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively, and by inserting after paragraph (5) the following new paragraph: "(6) The term 'employability', with respect to an individual, means a determination that, with the provision of vocational rehabilitation services, the individual is likely to enter or retain, as a primary objective, full-time employment, and when appropriate, part-time employment, consistent with the capacities or abilities of the individual in the competitive labor market or any other vocational outcome the Secretary may determine consistent with this Act.". (c) FEDERAL SHARE.—

(1) Effective October 1, 1988, section 7(7) of the Act (as redesignated by subsection (b)) is amended to read as follows: "(7)(A) Subject to subparagraphs (B) and (C), the term 'Federal share' means 80 percent. "(B) For any fiscal year for which payments to a State under section 111(a) exceed such payments for fiscal year 1988, the Federal share for those payments in excess of the fiscal year 1988 amount shall be 79 percent for fiscal year 1989, 78 percent for fiscal year 1990, 77 percent for fiscal year 1991, 76 percent for fiscal year 1992, and 75 percent for fiscal year 1993. "(C) The term 'Federal share' means 90 percent for the purposes of part C of title I of this Act and as specifically set forth in section 301(b)(3), except that with respect to payments pursuant to part B of title I of this Act to any State which are used to meet the costs of construction of those rehabilitation facilities identified in section 103(b)(2) in such State, the Federal share shall be the percentages determined in accordance with the provisions of section 3010t))(3) applicable with respect to the State. "(D) For the purpose of determining the non-Federal share with respect to a State, expenditures by a political subdivision thereof or by a local agency shall be regarded as expenditures by such State, subject to such limitations and conditions as the Secretary shall by regulation prescribe.".

71-194 0 - 89 - 36: QL. 3 Part2

Effective date,

29 USC 731.

29 USC 740. 29 USC 771. 29 USC 730. 29 USC 723.

State and local governments.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1094

 100 STAT. 1810 Effective date. 29 USC 730.

PUBLIC LAW 99-506—OCT. 21, 1986 (2) Effective October 1, 1988, section 110(b)(2) of the Act is amended by striking out "80 percent" both places it appears and inserting in lieu thereof "the applicable Federal share". (d) HANDICAPPED INDIVIDUAL.—

29 USC 706.

Indians.

(1) Section 7(8) of the Act (as redesignated by subsection (b)) is amended by striking out "handicapped individual" both places it appears and inserting in lieu thereof "individual with handicaps'; and (2) The Act is amended— (A) by striking out "a handicapped individual" each place it appears and inserting in lieu thereof "an individual with handicaps"; (B) by striking out "handicapped individual" each place it appears and inserting in lieu thereof "individual with handicaps"; and (C) by striking out "handicapped individuals" each place it appears and inserting in lieu thereof "individuals with handicaps". (e) LOCAL AGENCY.—Section 7(9) of the Act (as redesignated by

subsection (b)) is amended in the first sentence by striking out "Indian tribal organization (or combination of such units or organizations)" and inserting "Indian tribe (or combination of such units or tribes)". (f) REHABIUTATION ENGINEERING.—Section 7 of the Act is further

amended by redesignating paragraphs (11), (12), and (13) as paragraphs (13), (14), and (15), respectively, and by inserting before paragraph (13) (as redesignated) the following new paragraph: "(12) The term 'rehabilitation engineering' means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by individuals with handicaps in areas which include education, rehabilitation, employment, transportation, independent living, and recreation.". (g) REHABIUTATION FACILITY.—Paragraph (13) of section 7 of the

Act (as redesignated by subsection (f) of this section) is amended— (1) by striking out "and" at the end of subparagraph (K); (2) by striking out the period at the end of subparagraph (L) and inserting in lieu thereof a comma and "and"; and (3) by adding at the end thereof "(M) psychosocial rehabilitation services for individuals with chronic mental illness.". (h) SEVERE HANDICAP.—

(1) Paragraph (15) of section 7 of the Act (as redesignated by subsection (c)) is amended to read as follows: "(15XA) Except as provided in subparagraph (B), for purposes of this Act the term 'individual with severe handicaps' means an individual with handicaps (as defined in paragraph (8))— "(i) who has a severe physical or mental disability which seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of employability; "(ii) whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and "(iii) who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1095

 PUBLIC LAW 99-506—OCT. 21, 1986

100 STAT. 1811

head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia, and other spinal cord conditions, sickle cell anemia, specific learning disability, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an evaluation of rehabilitation potential to cause comparable substantial functional limitation. "(B) For purposes of title VII of this Act the term 'individual 29 USC 796. with severe handicaps' means an individual whose ability to function independently in family or community or whose ability to engage or continue in employment is so limited by the severity of his or her physical or mental disability that independent living rehabilitation services are required in order to achieve a greater level of independence in functioning in family or community or engaging or continuing in employment.". (2) The Act is amended by striking out "severely handicapped individuals" each place it appears and inserting in lieu thereof "individuals with severe handicaps". (i) SUPPORTED EMPLOYMENT.—Section 7 of the Act is further 29 USC 706. amended— (1) by redesignating paragraphs (14) and (15) as paragraphs (16) and (17), respectively; and (2) by adding at the end thereof the following new paragraph: "(18) The term 'supported employment' means competitive work in integrated work settings— "(A) for individuals with severe handicaps for whom competitive employment has not traditionally occurred, or "(B) for individuals for whom competitive employment has been interrupted or intermittent as a result of a severe disability, and who, because of their handicap, need on-going support services to perform such work. Such term includes transitional employment for individuals with chronic mental illness. For the purpose of this Act, supported employment as defined in this paragraph may be considered an acceptable outcome for employability.". (j) INDIAN.—Section 7 of the Act is further amended by inserting at the end thereof the following new paragraphs: "(19) The term 'public or nonprofit agency or organization' shall include an Indian tribe. "(20) The terms 'Indian', 'American Indian', and 'Indian American' mean an individual who is a member of an Indian tribe. "(21) The term 'Indian tribe' means any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaskan native village or regional village corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act).".

43 USC 1601 note. 29 USC 711.

SEC. 104. MONITORING, EVALUATION, AND ADMINISTRATION. (a) MONITORING AND EVALUATION.—Section 12(a) of the

Act

is

amended by striking out paragraph (5) and inserting in lieu thereof the following new paragraph: "(5) provide monitoring and conduct evaluations.".

�


text:
Page:A Collection of Several Philosophical Writings of Dr. Henry More.djvu/43

 Rh

1. The Authour's Apologie for writing this Treatise, there being so many already on the same Subject. 2. That what he has wrote are the proper Emanations of his own Minde, and may have their peculiar serviceableness for men of the like Genius. 3. That he affects not Rhetorick, nor Philologie, nor the pompous numerosity of more popular Arguments, but solid and unresistible reason in a perspicuous Method. 4. That he has undeniably demonstrated the Existence of God, this one Postulate being but admitted, That our Faculties are true. 5. His peculiar Management of the first Argument of Des-Cartes: 6. And the Reasons of his Rejection of the rest. 7. His caution and choiceness in the managing such Arguments as are fetch'd from the more general Phænomena of Nature: 8. As also in those from Animals. 9. His carefull choice in such Histories as tend to the proving of Spirits. 10. His assuredness of that kinde of Argument. 11. The reason of his declining the recitall of the miraculous Stories of Holy Writ. 12. His studied Condescension and compliance with the Atheist to win him from his Atheism.

Y what inducements I was drawn to publish this present Treatise, notwithstanding the Numerosity of the Writings of this kinde, I had rather leave to thine own quick-sightedness to spy out, then be put upon so much immodesty my self as to speak any thing that may seem to give it any precellency above what is already extant in the world about the same matter. Onely I may say thus much that I did on purpose abstain from reading any Treatises concerning this Subject, that I might the more undisturbedly write the easie Emanations of mine own Mind, and not be carried off from what should naturally fall from my self, by prepossessing my thoughts by the inventions of others.

2. I have writ therefore after no Copy but the eternal Characters of the Minde of Man, and the known Phænomena of Rh


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1096

 100 STAT. 1812 29 USC 711.

PUBLIC LAW 99-506—OCT. 21, 1986 (b) INFORMATION TASK

FORCE.—Section

12(b) of the

Act

is

amended— (1) by inserting "(1)" after the subsection designation; and (2) by adding at the end thereof the following new paragraph: "(2) In carrying out the provisions of this Act, the Commissioner shall appoint such task forces as may be necessary to collect and disseminate information in order to improve the ability of the Commissioner to carry out the provisions of this Act.". SEC. 105. REPORTS.

29 USC 712.

Section 13 of the Act is amended— (1) in the first sentence by striking out "for transmittal" and inserting in lieu thereof "and"; (2) by striking out the period at the end of the first sentence and inserting in lieu thereof ", including the activities and staffing of the information clearinghouse under section 15."; and (3) by inserting at the end thereof "The annual report shall include an evaluation of the status of individuals with severe handicaps participating in programs under this Act.". SEC. 106. EVALUATION.

29 USC 713.

(a) EVALUATION GENERAL RULE.—The first sentence of section 14(a) of the Act is amended to read as follows: "For the purpose of improving program management and effectiveness, the Commissioner shall evaluate all the programs authorized by this Act, their general effectiveness in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services, using appropriate methodology and evaluative research designs.". (b) REPORT OF THE COMMISSIONER.—Section 14(c) of the Act is

amended by inserting "including the standards used for such evaluations," after "effectiveness,". (c) USE OF STANDARDS,—Section 14 of the Act is amended by

striking out "Secretary" each time it appears and inserting in lieu thereof "Commissioner''. SEC. 107. TRANSFER OF FUNDS.

Section 16 of the Act is amended to read as follows: "TRANSFER OF FUNDS

Contracts Sf T?o?^ 715.n ni 29 USC

"SEC. 16. (a) Except as provided in subsection (b) of this section, no funds appropriated under this Act for any research program or activity may be used for any purpose other than that for which the funds were specifically authorized. "(b) No more than one-half of 1 percent of funds appropriated for discretionary grants, contracts, or cooperative agreements authorized by this Act may be used for the purpose of providing nonFederal panels of experts to review applications for such grants, contracts, or cooperative agreements.". SEC. 108. STATE ADMINISTRATION. (a) STATE ADMINISTRATION.—The Act is amended by inserting

after section 16 the following new section:

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1097

 PUBLIC LAW 99-506—OCT. 21, 1986

100 STAT. 1813

"STATE ADMINISTRATION

"SEC. 17. The application of any State rule or policy relating to the administration or operation of programs funded by this Act (including any rule or policy based on State interpretation of any Federal law, regulation, or guideline) shall be identified as a State imposed requirement.". (b) CONFORMING AMENDMENT.—The table of contents of the Act is amended by inserting after the item relating to section 16 the following:

29 USC 716.

"Sec. 17. State administration.". SEC. 109. REVIP:W OF APPLICATIONS.

(a) REVIEW AUTHORIZED.—The Act is amended by inserting after section 17 (as added by section 108) the following new section: "REVIEW OF APPLICATIONS

"SEC. 18. Applications for grants or contracts in excess of $60,000 in the aggregate authorized to be funded under this Act other than grants or contracts for evaluations, dissemination, or conferences shall be reviewed by panels of experts which shall include a majority of non-Federal members. Non-Federal members may be provided travel, per diem, and consultant fees not to exceed the rate provided for grade GS-18 of the General Schedule under section 5332 of title 5, United States Code.". (b) CONFORMING AMENDMENT.—The table of contents of the Act is amended by inserting after the item relating to section 16 the following:

Grants, ^^\^^^rj

"Sec. 18. Review of applications.".

TITLE II—VOCATIONAL REHABILITATION SERVICES SEC. 201. AUTHORIZATION OF APPROPRIATIONS. (a) STATE GRANT AUTHORIZATION.—Section 100(b)(1) of the Act is

29 USC 720.

amended to read as follows— "(b)(1)(A) For the purpose of making grants to States under part B of this title (other than grants under section 112) to assist States in 29 USC 732. meeting the costs of vocational rehabilitation services provided in accordance with State plans under section 101, there is authorized to 29 USC 721. be appropriated $1,281,000,000 for fiscal year 1987 and the amount determined under subsection (c) for each of the fiscal years 1988, 1989, 1990, and 1991. The amount determined under subsection (c) for each fiscal year shall be based upon the amount authorized by this subsection, or the amount appropriated for this subsection, whichever is higher, plus the amount of the Consumer Price Index addition determined under subsection (c) for the immediately preceding fiscal year. "(B) In addition, there are authorized to be appropriated for such purpose such additional sums as may be necessary for each of the fiscal years 1987 through 1991. Any such sums shall be allocated in accordance with section 110(a)(4). 29 USC 730. "(C) In no event may the amount appropriated for the purpose of making grants to States under part B of this title (other than section 112) be more than $1,281,000,000 for fiscal year 1987, $1,409,100,000

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1098

 100 STAT. 1814

PUBLIC LAW 99-506—OCT. 21, 1986

for fiscal year 1988, $1,550,010,000 for fiscal year 1989, $1,705,011,000 for fiscal year 1990, and $1,875,512,100 for fiscal year 1991.". (b) INNOVATION AND EXPANSION GRANTS AUTHORIZATION.—Section

29 USC 720. 29 USC 740.

100(b)(2) of the Act is amended to read as follows: "(2) For the purpose of allotments under section 120(a)(1), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1987, 1988, 1989, 1990, and 1991.". (c) CONFORMING

AMENDMENT.—Section

100(d) of the Act is

amended by striking out "1986" and inserting "1991". SEC. 202. STATE PLANS. (a) ASSESSMENT OF REHABILITATION NEEDS.—

29 USC 721.

Post, p. 1834.

(1) Section 101(a)(5)(A) of the Act is amended— (A) by inserting "the results of a comprehensive, Statewide assessment of the rehabilitation needs of individuals with severe handicaps residing within the State and the State's response to the assessment," after "including"; (B) by inserting after "severe handicaps" the first time it appears, the following: "including individuals served under part C of title VI of this Act,"; (C) by striking out "show (i)" and inserting in lieu thereof "(i) show and provide the justification for"; and (D) by inserting "show" after "(ii)". (2) Section 101(a)(5) of the Act is amended— (A) by striking out "and" at the end of subclause (A); (B) by inserting "and" at the end of subclause (B); and (C) by adding at the end thereof the following new subclause: "(C) describe how rehabilitation engineering services will be provided to assist an increasing number of individuals with handicaps;". (b) PERSONNEL.—Section 101(a)(7)(B) of the Act is amended by inserting "qualified" after "facilities and". (c) PROVISION OF SERVICES.—Section

29 USC 723.

101(a)(8) of the

Act is

amended to read as follows: "(8) provide, at a minimum, for the provision of the vocational rehabilitation services specified in clauses (1) through (3) and clause (12) of section 103(a), and for the provision of such other services as are specified under such section after a determination that comparable services and benefits are not available under any other program, except that such determinations shall not be required where it would delay the provision of such services to any individual at extreme medical risk;". (d) COOPERATIVE ARRANGEMENTS.—Section 101(a)(ll) of the Act is amended by inserting "community mental health programs," after "veterans programs,". (e) NEEDS ASSESSMENT.—Section 101(a)(15) of the Act is amended—

(1) by striking out "(including" and inserting in lieu thereof ", including conducting a full needs assessment for serving individuals with severe handicaps and including"; and (2) by striking out "agency)" and inserting in lieu thereof "agency". (f) CONSULTATION WITH INDIAN TRIBES.—Section 101(a)(20) of the Act is amended by inserting "as appropriate, the State shall actively consult with Indian tribes and tribal organizations and native Hawaiian organizations in the development of the State plan, and that," after "Commissioner that,".

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1099

 PUBLIC LAW 99-506—OCT. 21, 1986

100 STAT. 1815

(g) PuBuc MEETINGS; TRANSITION.—Section 101(a) of the Act is amended— (1) in paragraph (21) by striking out "and" after "organizations;"; (2) in paragraph (22) by striking out the period and inserting in lieu thereof a semicolon; and (3) by inserting at the end thereof the following new paragraphs: "(23XA) provide satisfactory assurances that in the formulation of policies governing the provision of the rehabilitation services consistent with the State plan, and any revisions, that the State agency conducts public meetings throughout the State, after appropriate and sufficient notice, to allow interested groups and organizations and all segments of the public an opportunity to comment on the State plan, and (B) include a summary of such comments and the State agency's response to such comments; "(24) contain the plans, policies, and methods to be followed to assist in the transition from education to employment related activities.", (h) SUPPORTED EMPLOYMENT SERVICES.—Section 101(a) of the Act (as amended by subsection (g))— (1) by striking out the period at the end of clause (24) and inserting in lieu thereof a semicolon and the word "and"; and (2) by adding at the end thereof the following new clause: "(25) provide satisfactory assurances that the State has an acceptable plan for part C of title VL".

29 USC 721.

Post, p. 1834.

SEC. 203. INDIVIDUALIZED REHABILITATION PROGRAM. (a) INDIVIDUAUZED WRITTEN REHABILITATION PROGRAM.—Section

102(b) of the Act is amended to read as follows: 29 USC 722. "(b)(l) Each individualized written rehabilitation program shall— "(A) be developed on the basis of a determination of employability designed to achieve the vocational objective of the individual; "(B) include a statement of the long-range rehabilitation goals based on an assessment determined through an evaluation of rehabilitation potential for the individual; "(C) include a statement of the intermediate rehabilitation objectives related to the attainment of such goals based on an assessment determined through an evaluation of rehabilitation potential; "(D) where appropriate, include a statement of the specific rehabilitation engineering services to be provided to assist in the implementation of intermediate objectives and long-range rehabilitation goals for the individual; "(E) include an assessment of the expected need for postemployment services; "(F) include a statement of the specific vocational rehabilitation services to be provided and the projected dates for the initiation and the anticipated duration of each such service; "(G) include objective criteria and an evaluation procedure and schedule for determining whether such goals and objectives are being achieved; "(H) provide for a reassessment of the need for post-employment services prior to case closure and, where appropriate, for severely handicapped individuals, the development of a state-

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1100

 100 STAT. 1816

29 USC 732.

29 USC 722.

State and local governments.

Ante, p. 1814.

Reports.

State and local governments.

Reports.

Ante, p. 1812.

PUBLIC LAW 99-506—OCT. 21, 1986

ment detailing how such services shall be provided or arranged through cooperative agreements with other service providers; and "(I) provide a description of the availability of a client assistance project established in such area pursuant to section 112. "(2) Each individualized written rehabilitation program shall be reviewed annually at which time such individual (or in appropriate cases, the parents or guardian of the individual) will be afforded an opportunity to review such program and jointly redevelop and agree to its terms. Each individualized written rehabilitation program shall be revised as needed.". (b) REVIEW OF DETERMINATIONS.—Section 102(d) of the

Act

is

amended to read as follows: "(d)(1) Except as provided in paragraph (4), the Director of any designated State unit shall establish procedures for the review of determinations made by the rehabilitation counselor or coordinator under this section, upon the request of an individual with handicaps (or, in appropriate cases, such individual's parents or guardian). "(2) Such review procedures shall provide an opportunity to such individuals for the submission of additional evidence and information to an impartial hearing officer who shall make a decision based on the provisions of the State plan approved under section 101(a). "(3)(A) Within 20 days of the mailing of the decision to the individual with handicaps (or, in appropriate cases, such individual's parents or guardian), the Director shall notify such individuals of the intent to review such decision in whole or in part. "(B) If the Director decides to review the decision, such individuals shall be provided an opportunity for the submission of additional evidence and information relevant to a final decision. "(C) A final decision shall be made in writing by the Director and shall include a full report of the findings and the grounds for such decision. When a final decision is made, a copy of such decision shall be provided to such individuals. "(D) Except as provided in paragraph (4), the Director may not delegate responsibility to make any such final decision to any other officer or employee of the designated State unit. "(4)(A) A fair hearing board, established by a State before January 1, 1985, and authorized under State law to review determinations under this Act, is authorized to carry out the responsibilities of the Director under this subsection. "(B) The provisions of paragraphs (1) through (3) of this subsection shall not apply to any State to which subparagraph (A) of this paragraph applies.". "(5)(A) The Director shall collect data described in subparagraph (B) and prepare and submit to the Commissioner a report containing such data. For the report submitted on or before February 1, 1988, the Commissioner shall prepare a summary of the information furnished under this paragraph and include the summary in the annual report submitted under section 13. "(B) The data required to be collected under this paragraph shall include— "(Da description of State procedures for review; "(2) the number of appeals to the independent hearing officer and the State Director, including the type of complaint and the issues involved;

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1101

 PUBLIC LAW 99-506—OCT. 21, 1986

100 STAT. 1817

"(3) the number of decisions by the State Director reversing in whole or in part the decision of the impartial hearing officer; and "(4) the number of decisions affirming the position of the individual with handicaps assisted through the client assistance program.". SEC. 204. SCOPE OF VOCATIONAL REHABILITATION SERVICES.

29 USC 723.

(a) REHABILITATION TECHNOLOGY.—Section 103(a)(l) of the Act is

amended by inserting "evaluation by personnel skilled in rehabilitation engineering technology," after "appropriate,". (b) PosTEMPLOYMENT SERVICES.—Section 103(a)(2) of the Act is amended by striking out "other postemployment services necessary to assist such individuals to maintain their employment and" and insert in lieu thereof "specific postemployment services necessary to assist such individuals maintain or regain employment, and other". (c) REHABILITATION ENGINEERING SERVICES.—Section 103(a) of the Act is amended— (1) by striking out "and" at the end of clause (10); (2) by striking out the period at the end of clause (11) and inserting in lieu thereof a semicolon and "and"; and (3) by adding at the end thereof the following new clause: "(12) rehabilitation engineering services.". SEC. 205. NON-FEDERAL SHARE FOR CONSTRUCTION. Section 104 of the Act is amended by striking out "title," and 29 USC 724. inserting in lieu thereof "title (or to an Indian tribe under part D of this title),". SEC. 206. STATE ALLOTMENTS. (a) ADDITIONAL

PAYMENTS.—Section

110(b)(2) of the

Act

is

29 USC 730.

amended— (1) by striking out ", as a result of the maintenance of effort provisions of such section,"; and (2) by inserting "for fiscal year 1972" after "of such State". (b) REALLOTMENT.—Section 110(c) of the Act is amended to read as follows: "(c)(1) Not later than forty-five days prior to the end of the fiscal year, the Commissioner shall determine, after reasonable opportunity for the submission to the Commissioner of comments by the State agency administering or supervising the program established under this title, that any payment of an allotment to a State under section 111(a) for any fiscal year will not be utilized by such State in 29 USC 731. carrying out the purposes of this title. "(2) As soon as practicable but not later than the end of the fiscal year, the Commissioner shall make such amount available for carrying out the purposes of this title to one or more other States to the extent the Commissioner determines that such other State will be able to use such additional amount during that fiscal year or to pay for initial expenditures during the subsequent fiscal year for carrying out such purposes. "(3) For the purposes of this part, any amount made available to a State for any fiscal year pursuant to this subsection shall be regarded as an increase of such State's allotment (as determined under the preceding provisions of this section) for such year.".

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1102

 100 STAT. 1818 29 USC 730.

PUBLIC LAW 99-506—OCT. 21, 1986

SEC. 207. FUNDS FOR AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES.
 * .s.; '-.^r >,-„ -J -;• v-:u:>

p, Ante, p. 1813.

Section 110 of the Act is amended— (1) in subsection (a)(1) by striking out "For" and inserting in lieu thereof "Subject to the provisions of subsection (d), for"; and (2) by inserting after subsection (c) the following subsection: "(d)(1) For fiscal year 1987 and for each subsequent fiscal year, the Commissioner shall reserve from the amount appropriated under section 100(b)(1) for allotment under this section a sum, determined under paragraph (2), to carry out the purposes of part D of this title. "(2) For any fiscal year the sum shall be not less than Vi of one percent and not more than one percent of the amount under paragraph (1), as determined by the Secretary.". SEC. 208. PAYMENTS TO STATES; MAINTENANCE OF EFFORT.

29 USC 731.

Ante, p. 1814.

'•" "'•-''-

29 USC 732.

Section 111(a) of the Act is amended to read as follows: "SEC. 111. (a)(1) Except as provided in paragraph (2), from each State's allotment under this part for any fiscal year (including any additional payment to it under section 110(b)), the Commissioner shall pay to a State an amount equal to the Federal share of the cost of vocational rehabilitation services under the plan for that State approved under section 101, including expenditures for the administration of the State plan. "(2)(A) The total of payments under paragraph (1) to a State for a fiscal year may not exceed its allotment under subsection (a) (and any additional payment under subsection (b)), of section 110 for such year and such payments shall not be made in an amount which would result in a violation of the provisions of the State plan required by section 101(a)(17). "(B) The amount otherwise payable to a State for a fiscal year under this section shall be reduced by any amount by which expenditures from non-Federal sources under the State plan during such year under this title are less than the average of the total of such expenditures for the three preceding fiscal years. "(C) The Commissioner may waive or modify any requirement or limitation under paragraphs (A) and (B) if the Commissioner determines that a waiver or modification is an equitable response to exceptional or uncontrollable circumstances affecting the State.". SEC. 209. CLIENT ASSISTANCE PROGRAM.

V

(a) INFORMATION ON AVAILABLE SERVICES.—Section 112(a) of the Act is amended by adding at the end thereof the following new sentence: "The client assistance program may provide information on the available services under this Act to any handicapped individuals in the State.". O> REDESIGNATION OF CLIENT ASSISTANCE AGENCY.— t)

(1) The last sentence of section 112(c)(1) of the Act is amended by inserting after "may" a comma and the following: "in the initial designation,". (2) Section 112(c)(1) of the Act is amended— (A) by inserting "(A)" after the paragraph designation; and (B) by adding at the end thereof the following new paragraph: "(B) The Governor may not redesignate the agency designated under subparagraph (A) without good cause and only after notice and an opportunity for public comment has been given of the intention to make such redesignation.".

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1103

 PUBLIC LAW 99-506—OCT. 21, 1986

100 STAT. 1819

(c) PAYMENT OF ALLOTMENT.—Section 112(e)(3) of the Act is

29 USC 732.

amended to read as follows: "(3) Except as specifically prohibited by or as otherwise provided in State law, the Secretary shall pay to the agency designated under subsection (c) the amount specified in the application approved under subsection (f).". (d) ALLOTMENT.—Paragraph (1) of section 112(e) of the Act is amended by inserting at the end thereof the following new subparagraph: "(D)(i) In any fiscal year that the funds appropriated for such fiscal year exceed $7,500,000, the minimum allotment shall be $75,000 for States and $45,000 for territories. "(ii) Subject to subsection (c), the Commissioner may increase the minimum allotment under subparagraph (A) for any fiscal year for which funds appropriated under this section for such fiscal year exceed the sums appropriated under this section for the preceding fiscal year by more than the percentage increase in the Consumer Price Index published monthly by the Bureau of Labor Statistics.". (e) EMPLOYEE PROVISION.—Paragraph (1) of section 112(g) of the Act is amended by striking out ", or receive benefits of any kind directly or indirectly from". (f) AUTHORIZATION OF APPROPRIATIONS.—Section 112(i) of the Act is amended to read as follows: "(i) There are authorized to be appropriated $7,100,000 for fiscal year 1987, $7,550,000 for fiscal year 1988, $8,000,000 for fiscal year 1989, $8,450,000 for fiscal year 1990, and $8,796,000 for fiscal year 1991 to carry out the provisions of this section.". SEC. 210. PAYMENTS TO STATES.

29 USC 741.

Section 121(b) of the Act is amended in the first sentence by striking out "the fiscal year ending September 30, 1986." and inserting in lieu thereof "fiscal year 1991.". SEC. 211. AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES GRANTS.

29 USC 750.

(a) GRANTS.—Section 130(a) of the Act is amended to read as follows: "SEC. 130. (a) The Commissioner, in accordance with the provi- State and local sions of this part may make grants to the governing bodies of Indian governments. tribes located on Federal and State reservations (and consortia of such governing bodies) to pay 90 percent of the costs of vocational rehabilitation services for handicapped American Indians residing on such reservations. The non-Federal share of such costs may be in cash or in kind, fairly valued, and the Commissioner may waive such non-Federal share requirement in order to carry out the purposes of this Act.". flb) APPLICATION.—Section 130(b) of the Act is amended— (1) in paragraph (I)(B) by inserting immediately before the semicolon "and that, where appropriate, may include services traditionally used by Indisui tribes"; (2) in paragraph (3) after "months" by inserting "or more than 36 months,'; and (3) by inserting after paragraph (3) the following new paragraphs: "(4) In making grants under this part, the Secretary shall give priority consideration to applications for the continuation of prc^rams which have been funded under this part.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1104

 100 STAT. 1820

29 USC 750.

PUBLIC LAW 99-506—OCT. 21, 1986

"(5) Nothing in this section may be construed to authorize a separate service delivery system for Indian residents of a State who reside in non-reservation areas.". (c) ALLOTMENT.—Section 130 of the Act is amended by striking out all of subsection (c) and by redesignating subsection (d) as subsection (c). SEC. 212. STUDY OF NEEDS OF AMERICAN INDIANS WITH HANDICAPS. (a) STUDY OF NEEDS OF AMERICAN INDIANS WITH HANDICAPS.—Part

D of title I of the Act is amended by inserting at the end thereof the following new section: " S T U D Y OF N E E D S O F AMERICAN INDIANS WITH HANDICAPS

29 USC 752.

"SEC. 132. The Secretary shall conduct a study on the special problems and needs of Indians with handicaps both on and off the reservation, in consultation with the Director of the Office of Special Education and Rehabilitative Services, the Director of the National Institute on Disability and Rehabilitation Research, the Assistant Secretary of the Interior for Indian Affairs, the Director of Indian Health Services, representatives of affected Indian tribes and tribal groups, and other appropriate officials, organizations, and individuals. The study shall also evaluate the nature and extent of cooperative efforts among programs conducted under this Act. Not later than 12 months after the date of enactment of the Rehabilitation Act Amendments of 1986, the Secretary shall submit the results of such study, together with such recommendations as are appropriate, to the President and to the appropriate committees of the Congress.". (b) CONFORMING AMENDMENT.—The table of contents of the Act is amended by inserting after the item relating to section 131 the following: "Sec. 132. Study of needs of handicapped American Indians.".

TITLE III—RESEARCH AND TRAINING 29 USC 761.

Infra; post, p. 1822.

29 USC 761a.

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

Section 201(a) of the Act 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 on Disability and Rehabilitation Research under section 202, other than expenses to carry out section 204, such sums as may be necessary for fiscal year 1987 and for each succeeding fiscal year ending prior to October 1, 1991; and "(2) $49,000,000 for fiscal year 1987, $52,000,000 for fiscal year 1988, $55,000,000 for fiscal year 1989, $58,000,000 for fiscal year 1990, and $60,378,500 for fiscal year 1991 for the purpose of carrying out section 204, of which $1,000,000 shall be available for fiscal year 1987, $1,050,000 for fiscal year 1988, $1,102,500 for fiscal year 1989, $1,160,000 for fiscal year 1990, and $1,208,000 for fiscal year 1991 for the purpose of carrying out the last sentence of section 204a))(2)(C).". SEC. 302. REDESIGNATION OF NATIONAL INSTITUTE.

(a) REDESIGNATION.—Section 202 of the Act is amended by redesignating the "National Institute of Handicapped Research" as the "National Institute on Disability and Rehabilitation Research".

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1105

 PUBLIC LAW 99-506—OCT. 21, 1986

100 STAT. 1821

(b) REFERENCES.—The Act is amended by striking out "National 29 USC 76la Institute of Handicapped Research" each place it appears in the Act note, (including the table of contents) and inserting in lieu thereof "National Institute on Disability and Rehabilitation Research". Any reference in any other provision of law to the "National Institute of Handicapped Research" shall be considered to be a reference to the "National Institute on Disability and Rehabilitation Research". SEC. 303. NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH.

29 USC 761a.

(a) AMERICAN INDIAN SERVICES.—Section 202(b) of the Act is amended— (1) in paragraph (2) by inserting "tribal," after "State,"; and (2) in paragraph (8) by inserting "the Bureau of Indian Affairs, the Indian Health Service," after "Administration,". (b) PACIFIC BASIN REHABILITATION CENTER.—Section 202(j)(2) of the

Act is amended— (1) by inserting immediately before the period the following: "in order to improve services to individuals with handicaps through relevant rehabilitation research and training in the Pacific Basin and to assist in the coordination of rehabilitation services provided by a broad range of agencies and entities; and (2) by adding at the end thereof the following: "Such Center shall (A) develop a sound demographic base, (B) analyze, develop, and utilize appropriate technology, (C) develop a culturally relevant rehabilitation manpower development program, and (D) facilitate interagency communication and cooperation, implementing advanced information technology.". (c) RURAL REHABILITATION CENTER.—Section 202(j) of the Act is amended by inserting at the end thereof the following new paragraph: "(3) The Director shall establish, directly or by grant or contract, a Contracts, center associated with an institution of higher education, for re- Grants, search and training concerning the delivery of rehabilitation services to rural areas.". (d) GRANTS FOR TRAINING.—Section 202 of the Act is amended by

inserting after subsection (j) the following subsection: "(k) The Director shall make grants to institutions of higher education for the training of researchers in the field of rehabilitation of individuals with handicaps.". (e) REPORT TO CONGRESS.—Section 202 of the Act is amended by

inserting after subsection (k) the following new subsection: "(1) The Director shall submit to the Congress, not later than one year after the date of the enactment of the Rehabilitation Act Amendments of 1986, policy recommendations for the establishment by the Congress of an agency designed to ensure (1) the development and cost-effective production and marketing of technological devices; and (2) the efficient distribution of such technology to individuals with handicaps. Such recommendations shall specifically evaluate the feasibility of the chartering by Congress of a private organization or the establishment of a joint public-private corporation to provide marketing and production-related services to the public and private sectors. The policy recommendation shall include suggested funding alternatives for an organization or agency and such other suggestions as the Director or the Committee on Handicapped Research may consider appropriate. Further such recommendations shall consider any potential conflicts of interest in the evaluation

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1106

 100 STAT. 1822

PUBLIC LAW 99-506—OCT. 21, 1986

and marketing of new products for use by individuals with handicaps. In developing such policy recommendations, the Director shall solicit the views of the Interagency Committee on Handicapped Research and shall submit any dissenting views offered by any member of that Committee together with the submission of policy recommendations.''. (f) STUDY OF HEALTH INSURANCE PRACTICES.—Section 202 of the 29 USC 761a. Reports.

29 USC 761b.

Act is amended by inserting after subsection (1) the following subsection: "(m) The Director shall conduct a study of health insurance practices and policies which affect individuals with handicaps. Not later than February 1, 1990, the Director shall submit a report of the study to the appropriate committees of the Congress.". SEC. 304. COMPOSITION OF INTERAGENCY COMMITTEE.

Section 203(a)(1) of the Act is amended— (1) by inserting "the Director of the National Institute of Mental Health," after "Institutes of Health,"; and (2) by inserting "the Assistant Secretary of the Interior for Indian Affairs, the Director of the Indian Health Service," after "Transportation,". 29 USC 762.

SEC. 305. RESEARCH.

Indians.

(a) RESEARCH ACTIVITIES.—Section 204(a) of the Act is amended in the first sentence by inserting "Indian tribes, and tribal organizations," after "education,". O> GENERAL AUTHORITY.—Section 204(a) of the Act is amended in t) the second sentence— (1) by inserting "recreational," after "vocational, social,"; and (2) by inserting "studies, analyses, and other activities related to supported employment;" after "special needs of handicapped individuals;". (c) SPECIALIZED RESEARCH ACTIVITIES.—(1) Section 204(b) of the Act is amended— (A) in the second sentence of paragraph (1) by striking out "Center," and inserting in lieu thereof "Center (and as appropriate shall include consideration of rural issues),"; (B) by adding at the end of paragraph (1) the following: "The peer review of all applications for the renewal of a Rehabilitation Research and Training Center grant shall take into account the past performance of the applicant in carrying out the grant. The host institution with which the Rehabilitation Research and Training Center is affiliated may not collect in excess of 15 percent in indirect cost charges. Beginning with fiscal year 1991, awards under clause (C) of this paragraph shall be made on a competitive basis.". (2) Section 204(b)(2) of the Act is amended— (A) by inserting "and disseminate" after "develop" in clause (A); (B) by striking out "and to (B)" and inserting in lieu thereof "(B) demonstrate and disseminate innovative models for the delivery to rural and urban areas of cost-effective rehabilitation engineering services that promote utilization of engineering and other scientific research to assist in meeting the employment and independent living needs of individuals with severe handicaps, to (C)"; and

Rural areas. Urban areas. Handicapped persons.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/1107

 PUBLIC LAW 99-506—OCT. 21, 1986

100 STAT. 1823

(C) by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "and to (D) demonstrate and disseminate innovative models for the delivery of cost-effective rehabilitation engineering services to assist in meeting the needs of, and addressing the barriers confronted by, individuals with handicaps. In fiscal year 1987, at least two such Rehabilitation Engineering Centers shall be established. One grant to provide demonstrations pursuant to clause (D) of this paragraph shall be made to an agency or organization in the State of South Carolina and one such grant shall be made to an agency or organization in the State of Connecticut.". (3) Section 204(,b)(3) of the Act is amended by inserting at the end thereof: "In the award of grants under this paragraph the Director shall take into account the location of any proposed Center and the appropriate geographic and regional allocation of such Centers.". (4) Section 204(b)(7) of the Act is amended by inserting "the National Institute of Mental Health," after "Institutes of Health,". (5) Section 204(b)(8) of the Act is amended by inserting before the period ", except that research concerning handicapped Indian Americans shall include those 55 and older". (6) Section 204(b)(ll) of the Act is amended by striking out all that follows "(B)" and inserting in lieu thereof "such physical therapy, language development, pediatric, nursing, psychological, and psychiatric services as are necessary for such children; and (C) appropriate services for the parents of such children, including psychological and psychiatric services, parent counseling, and training.". (c) ADDITIONAL RESEARCH ACTIVITIES.—Section 204(b) of the Act is amended by adding at the end thereof the following new paragraphs: "(14) Conduct of studies of the rehabilitation needs of American Indian populations and of effective mechanisms for the delivery of rehabilitation services to Indians residing on and off reservations.". "(15) Conduct of a demonstration program under which one or more projects national in scope shall be established to develop procedures to provide incentives for the development, manufacturing, and marketing of orphan technological devices designed to enable individuals with handicaps to achieve independence and access to gainful employment.". (d) SPECIAL RULE.—Section 204 of the Act is amended by adding at the end thereof the following new subsection: "(d)(1) In carrying out evaluations of research demonstration and related projects under this section, the Director is authorized to make arrangements for site visits to obtain information on the accomplishments of the projects. "(2) The Director shall not make a grant under this section which exceeds $299,999 unless the peer review of the grant application has included a site visit.".

Grants. South Carolina. C!onnecticut.

29 USC 762.

Indians.

Indians.

TITLE IV—SUPPLEMENTARY SERVICES AND FACILITIES SEC. 401. GRANTS FOR CONSTRUCTION OF REHABILITATION FACILITIES.

Section 301(a) of the Act is amended—

29 USC 771.

�