Order Code RL31378
Report for Congress
Received through the CRS Web
Rehabilitation Act: Programs and Funding
Updated April 28, 2003
Sidath Viranga Panangala
Analyst in Social Legislation
Domestic Social Policy Division
Congressional Research Service ˜
The Library of Congress
Rehabilitation Act: Programs and Funding
Summary
The Rehabilitation Act of 1973, as amended, is the nation’s major program
providing comprehensive vocational rehabilitation (VR) services to help persons with
physical and mental disabilities become employable and achieve full integration into
society. The Act authorizes a variety of programs and services: 1) vocational
rehabilitation services (Title I); 2) research (Title II); 3) training and demonstration
projects (Title III); 4) the National Council on Disability (Title IV); 5) rights and
advocacy (Title V); 6) employment opportunities (Title VI); and 7) independent
living services (Title VII).
Total funding for programs under the Rehabilitation Act in FY2003 is $2.93
billion. The Administration is requesting $3.0 billion for FY2004, a 2.6% increase
over the FY2003 appropriation.
The federal-state VR program under Title I helps persons with disabilities to
engage in gainful employment to the extent of their capabilities. The appropriation
for Title I represents 87% of total funding for the Act in FY2003. The President’s
budget is requesting $2.68 billion for programs under Title I for FY2004. The
Administration proposes to consolidate the following separately authorized programs
into Title I: 1) migrant and seasonal farmworkers; 2) projects with industry; and 3)
supported employment state grants.
Title II authorizes funding for research and training activities administered by
the National Institute on Disability and Rehabilitation Research (NIDRR). Among
the activities supported are rehabilitation research and training centers, rehabilitation
engineering and research centers and demonstration and training programs. The
Administration is requesting $110 million for FY2004 to fund programs administered
by NIDRR.
Title III authorizes a number of training programs for personnel who provide
rehabilitation and other services to persons with disabilities. For FY2004, the
Administration is requesting $67 million for programs under Title III. This is a 3%
increase in funding over the FY2003 amount. Additionally, the President’s budget
request is proposing a shift in funding for the migrant and seasonal farmworkers and
projects with industry programs to the federal-state VR program under Title I, and
proposes elimination of funding for recreational programs.
Programs under Title VII provide services to individuals with disabilities to
maximize their independence and productivity, and help them integrate into society.
The Administration is requesting $117 million for FY2004 for Title VII programs.
This amount would provide funding for state grants for independent living services,
independent living centers, and independent living services for the older blind
authorized under Title VII.
This report will be updated as legislative and budgetary activity occurs.
Contents
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Description of Major Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Title I — Vocational Rehabilitation Services . . . . . . . . . . . . . . . . . . . . . . . . 2
Federal-State VR Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Evaluation of the Vocational Rehabilitation Program . . . . . . . . . . . . . . . . . . 4
Vocational Rehabilitation Incentive Grants (VRIG) . . . . . . . . . . . . . . . 5
Client Assistance Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Title II — Research and Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
National Institute on Disability and Rehabilitation Research (NIDRR) 6
Title III — Professional Development and
Special Projects and Demonstrations . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Demonstration and Training Programs . . . . . . . . . . . . . . . . . . . . . . . . . 8
Migrant and Seasonal Farmworkers . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Recreational Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Access to Telework Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Title IV — National Council on Disability . . . . . . . . . . . . . . . . . . . . . . . . . 10
National Council on Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Title V — Rights and Advocacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Architectural and Transportation Barriers Compliance Board
(Access Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Protection and Advocacy of Individual Rights (PAIR) . . . . . . . . . . . . 11
Title VI — Employment Opportunities for Individuals with Disabilities . . 12
Projects With Industry (PWI) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Supported Employment State Grants . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Title VII — Independent Living Services and Centers for
Independent Living . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Independent Living State Grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Centers for Independent Living . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Independent Living Services for Older Individuals Who Are Blind . . 14
Other Related Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Helen Keller National Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Assistive Technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
List of Figures
Figure 1. Rehabilitation Act of 1973 Programs and Funding FY2003 . . . . . . . . 19
List of Tables
Table 1. Persons Served by the Federal-State Vocational Rehabilitation Program,
FY1999-FY2001(Title I of the Rehabilitation Act) . . . . . . . . . . . . . . . . . . . . 4
Table 2. Vocational Rehabilitation and Related Programs for Persons with
Disabilities, FY2002, and FY2003 Funding, and FY2004 Budget Request 17
Rehabilitation Act: Programs and Funding
Background
The Rehabilitation Act was originally enacted in 1920 as a means of returning
injured workers to their jobs. The program was expanded in 1943 to help meet the
manpower shortage after the entry of the United States into World War II. The
Rehabilitation Act of 1973 provides comprehensive vocational rehabilitation (VR)
services designed to help individuals with physical and mental disabilities become
employable and achieve independence and integration into society. The Act has been
amended many times since 1973.1 In 1998 the Rehabilitation Act was extended
through FY2003 by P.L. 105-220 (H.R. 1385), the Workforce Investment Act (WIA)
of 1998, signed on August 7, 1998.2,3 Among other things, the amendments in 1998
simplified certain aspects of the vocational rehabilitation process for consumers,
expanded consumer choice, and required that individuals with disabilities be served
not only by the VR program but also through the workforce investment system
established by the law. Additionally, the amendments required the federal-state VR
program authorized under Title I of the Rehabilitation Act to coordinate its activities
with the workforce investment system.4
The Workforce Investment Act of 1998 is being considered for reauthorization
in 2003. On March 13, 2003, the Workforce Reinvestment and Adult Education Act
(H.R. 1261) was introduced in the House. On March 20, 2003, the House Committee
on 21st Century Workforce Competitiveness of the House Committee on Education
and the Workforce marked up H.R. 1261. On March 27, H.R. 1261 was ordered
1 Rehabilitation Act was amended in 1974 (P.L. 93-651), 1978 (P.L. 95-602), 1984 (P.L. 98-
221), 1986 (P.L. 99-506), and reauthorized in 1992 (P.L. 102-569).
2 Authorization of appropriations for the Rehabilitation Act of 1973 will expire at the end
of FY2003. However, under provisions of the Rehabilitation Act, Title I of the Act is
automatically extended for one additional year through FY2004 if Congress does not
reauthorize Title I in FY2003. Other programs under the Act could also be extended for one
additional fiscal year under provisions of the General Education Provisions Act (GEPA) if
reauthorization is not completed in FY2003.
3 The Rehabilitation Act is now part of the Workforce Investment System. The intent of
WIA is to provide workforce investment activities, through state and local workforce
investment systems including coordination of activities with programs under the
Rehabilitation Act. Congress hoped this linkage would lead to close cooperation and
coordination between the vocational rehabilitation and workforce systems leading to more
and better opportunities for training and high quality employment outcomes for people with
disabilities.
4 For further information and analysis on these amendments see CRS Report RL31298,
Rehabilitation Act of 1973: 1998 Reauthorization Legislation by, Carol O’Shaughnessy.
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reported by the Committee. Among other things, H.R.1261 would reauthorize the
Rehabilitation Act of 1973 through FY2009.5
The Vocational Rehabilitation (VR) state grants program is the primary federal
program assisting individuals with disabilities prepare for, obtain, and retain
employment. There are about 1.2 million individuals with disabilities in various
phases of the vocational rehabilitation process within the VR system. In FY2001,
VR agencies assisted 233,684 persons achieve an employment outcome (
Table 1).6
Within this group 88.2% had
significant disabilities, which are categorized as those
seriously limiting one or more functional capacities such as mobility and
communication, and requiring multiple VR services over an extended period of time.
The Rehabilitation Act authorizes a variety of vocational rehabilitation services,
research, training, and advocacy programs designed to assist persons with disabilities
obtain employment. It also authorizes special programs to encourage independent
living for those unable to become employed.
Most Rehabilitation Act programs are administered by the Rehabilitation
Services Administration (RSA) in the Department of Education (ED). The
Architectural and Transportation Barriers Compliance Board authorized under
Section 502 of the Rehabilitation Act of 1973, is an independent federal agency and
is funded under the Department of Transportation appropriations. The National
Council on Disability authorized under Title IV of the Rehabilitation Act of 1973, is
an independent federal agency and funded under the Department of Health and
Human Services (DHHS) appropriations.7 Most recently, programs under the
Rehabilitation Act of 1973, were funded by the Consolidated Appropriations
Resolution, 2003 (P.L. 108-7), signed into law on February 20, 2003. The programs
under the Rehabilitation Act, funding levels for FY2003, and the FY2004 budget
request are described below.
Description of Major Programs
Title I — Vocational Rehabilitation Services
Federal-State VR Program. The federal-state VR program, authorized
under Title I, provides formula grants to states for VR services. The purpose of the
5 For further information on the reauthorization of the Workforce Investment Act of 1998,
see CRS Report RS21484,
Workforce Investment Act of 1998: Reauthorization of Title I Job
Training Programs, by Ann Lordeman
6 Employment outcome is defined as entering or retaining full or part-time employment in
the labor market, including self-employment.
7 The National Council of Disability was initially established in 1978 as an advisory board
within the Department of Education. The Rehabilitation Act amendments of 1984 (P.L.98-
221) transformed the National Council on Disability to an independent federal agency. The
Council is composed of 15 members, who are appointed by the President and confirmed by
the U.S. Senate.
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program is to help persons with disabilities engage in gainful employment to the
extent of their capabilities. Funding for the federal-state VR program represents
almost 87% of total FY2003 federal funding for the Act. Funds are administered by
VR agencies designated by each state. Funds are allocated to states according to a
formula based on state population and per capita income. States with lower per
capita income receive a relatively higher allotment. States are required to match
federal funds, and the matching ratio is 78.7% federal to 21.3% state.8 Thus, the state
can leverage almost four federal dollars for each dollar invested in this program. In
FY1998, the average actual state match rate was 24.7%.9
Persons are eligible for VR services if they have a physical or mental
impairment that substantially impedes employment. Under the law, all individuals
with disabilities are presumed to have the potential to engage in employment, and to
benefit from VR services. The program is required to give priority to those persons
with significant disabilities.
State VR agencies provide a comprehensive array of VR services including
assessment of individuals’ eligibility and vocational rehabilitation needs; counseling,
vocational and other training services; guidance and work-related placement services;
and rehabilitation technology services. Services are provided under an individualized
plan for employment (IPE) which is developed to achieve each person’s employment
objective. The IPE is considered a key document in the development and planning
of rehabilitation goals and services for consumers. It must meet a number of
requirements. For example, it must specify each person’s employment goals,
consistent with his/her strengths, resources, priorities, concerns, abilities, and
capabilities.
On average, persons who receive services stay in the program for approximately
2 years. Persons are considered “rehabilitated” if, after receiving VR services, they
maintain an
employment outcome, for at least 90 days. A person achieves an
employment outcome if he or she enters and retains full or part-time
competitive
employment,10 supported employment or any other type of employment including
self-employment.11
8 P.L. 105-220, Title IV, Aug. 7,1998, 112 Stat, 1102.
9
RSA Financial Monitoring of State Agencies. Presentation at the Vocational Rehabilitation
Financial Management Conference, by Rehabilitation Services Administration, Aug. 20-22,
2001, Washington, DC.
10 According to RSA regulations (34 CFR Part 361;§361.5 (11)) competitive employment
is employment in the “integrated labor market,” that is, where persons with disabilities work
with persons without disabilities. In addition, competitive employment is employment
where the individual is compensated at or above the minimum wage paid to persons without
disabilities for same or similar work.
11 34 CFR Part 361;§361.5.
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According to Administration budget documents, 37 out of 80 state VR agencies
are operating under an
order of selection rule.12 Under an order of selection regime,
if a state VR agency cannot serve all eligible persons who apply for services, it must
first serve those with
most significant disabilities, which means those individuals
with a significant disability who meet the designated state unit’s criteria for such an
individual.13 In FY2001, the number of eligible individuals who were on a waiting
list because the state was operating under an order of selection process was 34,000
compared to 20,000 in FY2000, a 41% increase.
Table 1 shows the trends in employment outcomes from FY1999 through
FY2001.
Table 1. Persons Served by the Federal-State Vocational
Rehabilitation Program, FY1999-FY2001
(Title I of the Rehabilitation Act)
Performance Indicator
FY1999
FY2000
FY2001
Total number of individuals with closed cases
who received servicesa
368,162
377,821
385,039
Persons who achieved an
employment outcome
231,697
236,218
233,684
of those who received services
(62.9%)
(62.5%)
(60.7%)
Persons who achieved
competitive employment
191,242
201,604
203,996
of those who received an employment outcome
(82.5%)
(85.3%)
(87.3%)
Persons with
significant disabilities
196,561
206,167
206,157
who achieved an employment outcome
(84.8%)
(87.2%)
(88.2%)
Source: RSA 911 databases for FY1991-2001 (most recent data available).
aAbout 1.204 million persons receive VR services each year.
Table 1 shows those whose cases were closed
during each year; however, they may have entered the VR system during a previous year.
Evaluation of the Vocational Rehabilitation Program
In the fall of 1992, the Rehabilitation Services Administration initiated a multi-
year longitudinal study of the VR state grant program. The broad purpose of the
study was to assess the performance of the federal-state vocational rehabilitation
(VR) services program in assisting eligible individuals with disabilities to achieve
positive, sustainable economic and non-economic outcomes as a result of their
receipt of VR services. The study was completed in 2001. This study tracked 8,500
VR consumers at 37 locations across the nation for a period of 3 years each.
The results from the study found that among the consumers who had obtained
a competitive employment outcome as a result of obtaining VR services, 84% were
working 1 year after their cases were closed, and 78% were continuing employment
3 years later. Additionally, there was an increase in earnings over time. At the time
their cases were closed, VR service recipients were earning an average of $7.56 per
12 There are 54 VR agencies including those in U.S. territories; 26 states have separate
rehabilitation agencies for the visually impaired. Therefore the total number of VR agencies
is 80.
13 34 CFR Part 361; §361.5 (30)
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hour. Three years later they were earning an average of $13.48 per hour. Moreover,
study results showed an increase in those receiving health insurance through their
employers. At the time their cases were closed, 32.8% of VR service recipients had
health benefits. At the end of 3 years following case closure, 58.8% received health
insurance through their employers.
Funding for FY2003. In the FY2003 budget request the Administration
proposed consolidation of some programs, now separately authorized, into the Title
I federal-state VR program. These are: 1) migrant and seasonal farmworkers; 2)
projects with industry; and 3) supported employment state grants. However, during
the appropriations process Congress did not authorize consolidation of the programs,
and funded these programs independently.14
Funding for the federal-state VR program is $2.53 billion, a 2.1% increase over
FY2002. This level of funding will continue to provide a wide range of services,
including counseling and guidance, diagnosis and treatment, education and
vocational training, job placement and post employment services. The increase in
funding over FY2002 satisfies the statutory requirement to increase funding by the
percentage change in the Consumer Price Index(CPI).
FY2004 Budget Request. The funding request for FY2004 for Title I
programs is $2.67 billion. Similar to the FY2003 budget request, the Administration
is proposing a consolidation of the migrant and seasonal farmworkers program;
projects with industry; and supported employment state grants program into the Title
I federal-state VR program. The requested amount reflects the proposed
consolidation of the above three programs.
Vocational Rehabilitation Incentive Grants (VRIG). This was a new
program proposed in the in the FY2003 budget request. The major goal of the
program was to improve the performance of the federal-state VR program. However,
Congress did not appropriate $30 million in funding for the program in the
Consolidated Appropriations Resolution, 2003 (P.L. 1 08-7).
Client Assistance Program. States are required to operate a Client
Assistance Program (CAP) in order to receive funding under the Title I federal- state
VR program. The CAP provides grants to states for services to assist eligible
individuals and applicants understand the rehabilitation services and benefits
available under the Act and to advise clients on their rights and benefits. Funds are
allocated to the states based on a formula. When the appropriation exceeds $7.5
million, funds are distributed on the basis of population, with a minimum allotment
of $100,000 to each of the 50 states, the District of Columbia, and Puerto Rico and
$45,000 to each of the outlying areas. When the appropriated amount increases, the
law requires the Secretary of Education to increase the minimum allotments to states
and outlying areas by a percentage not greater than the percentage increase in the
appropriation. In FY2001, CAP responded to 48,359 individuals seeking information
and referral services and provided extensive services to 8,510 persons.
14 Consolidated Appropriations Resolution, 2003 (P.L. 108-7).
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Funding for FY2003. Funding for the Client Assistance program is $12.1
million, a 1.4% increase over FY2002. The appropriated amount will fund the above
mentioned activities.
FY2004 Budget Request . The President's budget proposes $11.9 million
for the Client Assistance program . This amount of funding would continue services
to individuals with disabilities who are applying for, or receiving, services funded
under the Act, and ensure that they would continue to have access to administrative,
legal and other appropriate measures when needed to protect their rights.
Title II — Research and Training
National Institute on Disability and Rehabilitation Research
(NIDRR). Title II authorizes funding for research and training activities
administered by NIDRR. Among the activities supported are rehabilitation research
and training centers, rehabilitation engineering research centers, and research and
demonstration projects. This is a discretionary program and funds are awarded on
a competitive basis to a wide variety of organizations, such as institutions of higher
education and providers of rehabilitation services.
Funding for FY2003. Funding for NIDRR is $109.3 million, a 0.65%
reduction in funding from FY2002. This reflects the across-the-board decrease in
funding authorized under the Consolidated Appropriations Resolution, 2003 (P.L.
108-7). In FY2003, NIDRR plans to expand its
Rehabilitation Engineering Research
Centers (RERC) program, build the Assistive
Technology Development Fund, and
revitalize the
Interagency Committee on Disability Research (ICDR).
The
RERC Program is intended to conduct research leading to new scientific
knowledge, devices and procedures to benefit persons with disabilities.
The
Assistive Technology Development Fund is intended to help small
businesses develop and produce such technologies as computer-based speech to sign
interpreters, and self-feeding tools for people with disabilities.
The
Interagency Committee on Disability Research plans to promote greater
cooperation across various government agencies in the development and execution
of disability and research activities.
FY2004 Budget Request. The Administration’s budget request for NIDRR
is $110 million. This amount of funding would support the following activities:
Rehabilitation Research Training Centers: These centers conduct coordinated
and advanced programs of research, training, and information dissemination in
general problem areas that are specified by NIDRR. In FY2004, NIDRR plans to
extend funding for three of the six research centers whose funding ends in FY2003.
Rehabilitation Engineering Research Centers: These centers conduct research
on providing accessability to telecommunications technology for those with
disabilities. NIDRR plans to devote $20 million in funding for these research
centers.
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Field-Initiated Projects: These projects conduct research activities as needed,
so as to be responsive to emerging developments in rehabilitation engineering.
NIDRR proposes to allocate $11.3 million for such projects in FY2004.
Advanced Rehabilitation Research Training Projects: These projects support
grants to institutions to provide advanced research training to physicians, nurses,
physical therapists and other professionals who provide services to persons with
disabilities. NIDRR intends to allocate $2.2 million for such projects in FY2004.
Assistive Technology Fund/ Small Business Innovation Research: Funding for
these projects support the development of ideas and products that are useful for
person with disabilities. Small businesses with strong research capabilities in science
and technology participate in the program. NIDRR plans to award approximately $5
million for such projects in FY2004. In addition, the FY2004 funding request will
continue to fund activities such as the Interagency Committee on Disability Research,
Switzer fellowships, and other activities.
Title III — Professional Development and Special Projects
and Demonstrations
Training. The purpose of this program is to ensure that skilled personnel are
available to serve the rehabilitation needs of individuals with disabilities. Grants and
contracts are awarded to states, public non-profit agencies, and private non-profit
organizations including institutions of higher education, to pay all or part of the cost
of conducting training programs.
Funding for FY2003. Funding for the Training program is $39.4 million, a
0.65% reduction in funding from FY2002. This reflects the across-the-board
decrease in funding authorized under the Consolidated Appropriations Resolution,
2003 (P.L. 108-7). This amount will provide funding for the
Long-Term Training
Program, Continuing Education Program, and the
In-Service Training Program.
The Long-Term Training Program supports 5-year grants, which generally
average $100,000 per year ($75,000 per year for undergraduate programs). These
grants fund college and university programs that educate students in a wide variety
of rehabilitation related areas (although certain other agencies and organizations may
apply). A minimum of 75% of the grant funds must be used for scholarships to
students.
The Continuing Education Program provides grants to train rehabilitation
personnel at all levels within public rehabilitation agencies, client assistance projects,
and centers for independent living. Training programs will provide personnel with
relevant knowledge, skills, and mastery of new program developments to enhance
their effectiveness as service providers to individuals with disabilities. Grants range
in size from $300,000 to $500,000.
The In-Service Training Program supports grants to assist state vocational
rehabilitation agencies in retraining vocational rehabilitation counselors so they meet
degree standards consistent with section 101(a)(7) of the Act. This requires states to
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develop procedures to ensure that there are an adequate number of qualified state
rehabilitation professionals. These procedures are known as the Comprehensive
System of Personnel Development (CSPD).15
FY2004 Budget Request. The President’s budget request for the program
is $42.6 million, a 8.3% increase, over FY2003. A major proportion of this amount,
$34.6 million, would fund ongoing grants, and approximately $7 million will support
new awards. Additionally, the request would continue funding for the
Long-Term
Training Program, that is proposed to be initiated in FY2003.
Demonstration and Training Programs. Grants and contracts are
awarded to develop innovative and comprehensive service programs to help
individuals with disabilities achieve employment. Entities eligible for grants include
state vocational rehabilitation agencies, community rehabilitation programs, other
public or nonprofit agencies, and for-profit organizations.
Funding for FY2003. Funding for the program is $20.9 million, a slight
decrease from the FY2002 appropriation. Funding will continue to support projects
that will expand employment opportunities for individuals with disabilities who
receive public support. Funds will also be available for new Demonstration and
Training programs to expand and increase the provision of rehabilitation services to
individuals with disabilities to increase employment opportunities for them. Among
other things, the focus for the new Demonstration and Training programs will be
linking vocational and rehabilitation systems with the technology industry, and the
provision of rehabilitation services for historically unserved or underserved areas.
FY2004 Budget Request. The Administration is requesting $24.5 million
for the program, a $3.6 million or a 17.2% increase over the FY2003 appropriation.
The Administration plans to devote $7 million of the requested funds to establish
transition mentoring projects that would enhance the capacity of state VR agencies
to support students to transition from high school to post-secondary education or
careers that offer quality employment consistent with their abilities and interest.
Remaining funds would be used to support programs begun in previous fiscal years.
Migrant and Seasonal Farmworkers. The program makes comprehensive
vocational rehabilitation (VR) services available to migrant and seasonal farm
workers who have disabilities. The projects emphasize outreach, bilingual
rehabilitation counseling, and coordination of VR services. While eligible migrant
and seasonal farm workers can receive services under the federal-state VR program
authorized under Title I of the Rehabilitation Act, as amended, they may also receive
services under this program.
Funding for FY 2003. Funding for the program is $2.3 million, slightly less
than the amount appropriated in FY2002. In the FY2003 budget request, the
Administration proposed consolidating this program with the federal-state VR
program under Title I. However, Congress did not authorize consolidation of the
15 P.L. 105-220, August 7,1998, 112 Stat, 1122.
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program and funded it independently under the Consolidated Appropriations
Resolution, 2003 (P.L. 108-7).
FY2004 Budget Request. Funds have not been requested for FY2004.
Similar to the FY2003 proposal, the President’s budget proposes that funding for the
program be consolidated with the federal-state VR program authorized under Title
I. The Administration finds that there is no longer a need for a separate program to
provide specialized services to a specific population who are eligible to be served by
the federal-state VR program.
Recreational Programs. Projects under this program provide recreational
and related activities for individuals with disabilities to aid in their employment,
independence, and integration into the community. Discretionary grants are awarded
to states, public entities and non-profit private organizations on a competitive basis
to fund the projects.
Funding for FY2003. Funding for the program is $2.6 million, a slight
decrease in funding from FY2002. In the FY2003 budget request, the Administration
did not request any funding and proposed that the program be eliminated. The
Administration stated that recreational programs would be more appropriately funded
by state and local agencies. However, Congress did not eliminate the program and
funded it separately under the Consolidated Appropriations Resolution, 2003 (P.L.
108-7).
FY2004 Budget Request. No funds have been requested for this program.
The Administration believes that this program has limited national impact, and that
it should be funded by state and local agencies, and the private sector.
Access to Telework Fund. This program was originally proposed in
FY2002 under the President’s
New Freedom Initiative.16 Congress appropriated $20
million for 2 years beginning in FY2002. According to Administration’s budget
documents, these funds have not yet been obligated for FY2002 and FY2003.
The goal of this program is to increase employment opportunities for individuals
with disabilities by providing greater access to computers and other equipment
individuals need to work from home if they choose to do so. To increase telework
opportunities for disabled people, federal matching funds through discretionary
grants would be awarded to states. These grants will enable states to provide loans
for individuals with disabilities to purchase computers and other equipment so that
they can telework from home. Promoting telecommuting options would provide
greater opportunity for persons with disabilities to gain entry into the labor market.
The $20 million appropriated for use during FY2002 and FY2003 will allow 40
states to participate in this program with an average grant of $500,000 provided to
each participating state. Grants will be available for a period of 2 years, and the
16 For further information on the
New Freedom Initiative see
[http://www.whitehouse.gov/news/freedominitiative/freedominitiative.pdf]. Last visited
Apr. 3, 2003.
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Department of Education will have the flexibility to obligate the funds so as to
maximize the number of states that are able to participate. Projects funded by the
Access to Telework Fund will be established on a permanent basis, and grantees
would have to report annually to the Department of Education on the outcomes of
their program.
Funding for FY2003. The President’s budget did not request funding for
FY2003, as the funds appropriated for FY2002 were intended to be available for
grants to states through the end of FY2003.
FY2004 Budget Request. The President’s budget is not requesting funding
for FY2004, as the funds appropriated for FY2002 will be available for grants to
states through the end of FY2003. The Administration believes that future funding
needs for the program could be more accurately assessed once all funds have been
obligated by the end of FY2003.
Title IV — National Council on Disability
National Council on Disability. Title IV authorizes the National Council
on Disability, an independent federal agency comprised of 15 members appointed by
the President and confirmed by the U.S. Senate.17 Among its functions, the National
Council is responsible for establishing polices for the NIDRR and for providing
advice to the President, the Congress and the Commissioner of RSA regarding
programs under the Act.
Funding for FY2003. Funding for the National Council on Disability is $2.84
million. This is a slight increase over the FY2002 funding level. Funding will
continue to support the salaries of personnel and other expenses of the Council.
FY2004 Budget Request. The Administration is requesting $2.83 million
for the Council, a slight decrease from the FY2003 appropriation. Funding will
support the salaries of personnel and other expenses of the Council.
Title V — Rights and Advocacy
Architectural and Transportation Barriers Compliance Board
(Access Board). The Board is an independent federal agency comprised of 25
members (13 of whom are appointed by the President with the remainder appointed
by the heads of various federal agencies). The Board is responsible for assuring
compliance with federal statutes requiring accessibility for persons with disabilities.18
The Board’s long range goals are: 1) to take a leadership role in the development of
codes and standards for accessibility; 2) to work in partnerships with other federal
17 Although the National Council on Disability is an independent federal agency authorized
under Title IV of the Rehabilitation Act, appropriations are made under the Department of
Health and Human Services (DHHS) budget.
18 Although the Architectural Barriers Compliance Board is authorized under Title V of the
Rehabilitation Act, funds are appropriated under the Department of Transportation and
Related Agencies budget.
CRS-11
agencies to make the federal government a model of compliance with accessibility
standards; and 3) to be known as the leading source of information about accessibility
and to disseminate that information to the public.
Funding for FY2003. Funding for the Board is $5.2 million, a 3.6% increase
over FY2002. This funding will continue to support the salaries and other expenses
of the Board.
FY2004 Budget Request. The President’s budget proposes $5.4 million for
the Board, a 4% increase over the FY2003 appropriation. This funding will continue
to support the salaries and other expenses of the Board.
Protection and Advocacy of Individual Rights (PAIR). The PAIR
program provides grants to states to protect and advocate the rights of individuals.
The program serves those individuals ineligible to qualify for protection and
advocacy programs authorized under Part C of the Developmental Disabilities
Assistance and Bill of Rights of Act of 2000 (P.L. 106-402), Protection and
Advocacy for Mentally Ill Individuals Act of 1996 (P.L. 99-319), and services under
the Rehabilitation Act’s Client Assistance program. Funds are awarded to states
based on states’ relative population, with a proportion set aside for training and
technical assistance.19
In FY1998, the Rehabilitation Services Administration (RSA) contracted for an
independent evaluation of the PAIR program. The study found that mental illness
was the single largest major disabling condition of PAIR clients, accounting for 22%
of the cases. Individuals with orthopedic disabilities made up 14% of the cases
making it the second largest disabling condition.
Additionally, Title V requires affirmative action for persons with disabilities
within the federal government, and requires contractors with the federal government
to take affirmative action to employ and advance persons with disabilities. Section
504 prohibits discrimination against persons with disabilities under any program or
activity receiving federal funds.
Funding for FY2003. Funding for the PAIR program is $16.9 million, a 11%
increase over FY2002. This amount of funding will support grants to entities that
have the authority to pursue legal, administrative, and other appropriate remedies
needed to protect and advocate the rights of people with severe disabilities.
FY2004 Budget Request. The Administration is requesting $17.9 million,
a 5.9% increase in funding over FY2003. The requested amount includes $2.6
million to offset the proposed elimination of funding for the protection and advocacy
19 Funds must be set aside under this program for training and technical assistance activities
before awarding grants to eligible states. If the appropriation is equal to or exceeds $5.5
million, the Secretary of Education will set a side not less than 1.8% and not more 2.8% of
the funds for Training and Technical assistance under the program. In any year in which
the total appropriation exceeds $10.5 million, the Secretary will award $50,000 to an eligible
program under the Act that would serve the Native American population. The remaining
appropriation would be distributed by the Secretary to eligible state programs.
CRS-12
program funded under Title I of the Assistive Technology Act (P.L. 105-394).20 This
will provide federal support to states to ensure that eligible individuals will have
assistance and information to safeguard their rights under federal law.
Title VI — Employment Opportunities for Individuals with
Disabilities
Projects With Industry (PWI). The program was first initiated under the
1968 amendments to the Rehabilitation Act under the demonstration authority in
section 304(d) and was first funded in 1970. The major goal of the program was to
involve the talent and leadership of private industry as partners in the rehabilitation
process. During the 1978 amendments of the Vocational Rehabilitation Act of 1973,
PWI was moved under Title VI– Employment Opportunities.
The program promotes opportunities for competitive employment for
individuals with disabilities by engaging the participation of private industries and
business in the rehabilitation process. Grants are awarded on a competitive basis for
a period up to 5 years to a wide variety of agencies and organizations, such as
business and industrial corporations, rehabilitation facilities, labor organizations, and
trade associations. The program provides job development, job placement and career
development services, and training services to assist people with disabilities to obtain
employment in a competitive environment. In FY2001, the PWI program served
11,585 individuals with disabilities and placed 7,284 or 62.9% of those persons in
a competitive employment setting.
Funding for FY2003. In the FY2003 budget request, the Administration did
not request any funding. However, Congress appropriated $21.9 million under the
Consolidated Appropriations Resolution, 2003 (P.L. 108-7), a slight decrease in
funding from the FY2002 level.
FY2004 Budget Request. Similar to the FY2003 budget proposal, the
Administration is not requesting any funding for FY2004. The budget proposes
consolidating funding for PWI into the federal-state VR program authorized under
Title I. The Administration believes that the PWI program duplicates the services
provided by the federal-state VR program, and that the target population will be
better served under Title I.
Supported Employment State Grants. The program provides assistance
to states to provide
supported employment services for individuals with the most
significant disabilities. Supported employment assists individuals with work in an
integrated work setting, with a goal of achieving a competitive employment outcome.
Funding for FY2003. Funding for Supported Employment State Grants is
$37.9 million. In the FY2003 budget request the Administration did not request any
20 For detailed information on the Assistive Technology Act of 1998 (P.L. 105-394), see
CRS Report RS21385,
Assistive Technology Act: Programs and Funding, by Sidath V.
Panangala.
CRS-13
funding for the program. However, Congress appropriated the above amount under
the Consolidated Appropriations Resolution, 2003 (P.L. 108-7).
FY2004 Budget Request. Funds are not requested for the program. The
Administration believes that there is no longer a need for separate funding for
provision of services. The President’s budget proposes consolidating this program
with the federal-state VR program under Title I.
Title VII — Independent Living Services and Centers for
Independent Living
The purpose of these programs is to maximize the leadership, empowerment,
and independence of individuals with disabilities and to integrate these individuals
into society. These programs provide grants for independent living services, such as
job counseling, self-advocacy, and skills to carry on activities of daily living.
Independent Living State Grants. Formula grants are awarded to states
to provide a wide range of services to help persons with significant disabilities live
independently in the community. Additionally, funds may be used to encourage
outreach to populations who are unserved or underserved, including minority groups
and urban and rural populations. Funds are allotted to states based on the states’
relative population.
Funding for FY2003. Funding for the Independent Living State Grants is
$22.2 million, a slight decrease in funding from FY2002. This decrease reflects the
0.65 % across-the-board reduction authorized under the Consolidated Appropriations
Resolution, 2003 (P.L. 108-7). The funding will continue to provide states with the
resources and flexibility to respond to their particular unmet needs.
FY2004 Budget Request. The Administration is requesting $22.3 million,
a slight increase from the FY2003 appropriation. This level of funding will support
grants to state vocational rehabilitation units that provide services for independent
living.21 These funds are commonly used by states to totally or partially fund
operations of their Statewide Independent Living Councils, provide independent
living services in underserved or unserved areas, and promote coordination of
services among clients.
Centers for Independent Living. The program provides grants to
consumer-controlled, community-based organizations that provide independent living
services. At a minimum, centers are required to provide information and referral, and
skills training. A population-based formula determines the total amount available for
discretionary grants to centers in each state. In FY2001, these centers served more
than 190,000 clients.
21 A state agency that is primarily concerned with vocational rehabilitation or vocational and
other rehabilitation of individuals with disabilities.
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Funding for FY2003. Funding for Centers for Independent Living Services
is $69.5 million, a 11.3% increase over FY2002. This will continue to support the
existing 338 Centers for Independent Living.
FY2004 Budget Request. The proposed budget for the program is $69.5
million, same as the FY2003 appropriation. The funding would support the existing
338 Centers for Independent Living. However, the Administration does not propose
expansion of the program.
Independent Living Services for Older Individuals Who Are Blind.
The program supports services to assist individuals aged 55 or older, whose visual
impairment makes obtaining employment difficult. Services are designed to help
visually impaired persons adjust to their impairment by increasing their ability to care
for individual needs. Services provided under this program are typically not covered
under private insurance, Medicare, or the Medicaid program. Grants are awarded to
states on a competitive basis.22
Funding for FY2003. Funding for the program is $27.8 million, a 11.3%
increase over the FY2002 appropriation. In FY2000, the program served
approximately 48,000 individuals. It is estimated that approximately 68,500 persons
will be served in FY2003.
FY2004 Budget Request. The President’s budget requests $25 million, the
a 10.1% reduction in funding from FY2003. The Administration believes that this
amount of funding will allow states to focus on improving services and program
management.
Other Related Programs
Other programs not authorized under the Rehabilitation Act, but included under
rehabilitation services in congressional budget documents, are the Helen Keller
National Center for Deaf-Blind Youths and Adults and the Assistive Technology Act
(P.L. 105-394).23
Helen Keller National Center. The center provides specialized, intensive
services to rehabilitate persons who are both blind and deaf. In addition, the Center
provides training for professional staff serving this group and conducts research on
the problems of the deaf-blind. The program is authorized under the Helen Keller
National Center Act and is administered by RSA. In addition to funds provided
through the appropriations under the Rehabilitation Act, the Helen Keller National
22 Prior to FY2000 when appropriations were less than $13 million, grants were awarded
on a competitive basis. Since the appropriation for FY2000 exceeded $13 million,
allocation is now made to states based on the population of individuals 55 years of age and
older.
23 Although not authorized under the Rehabilitation Act, funding for the Helen Keller
National Center for Deaf-Blind Youths and Adults and Assistive Technology Act is
included in the Rehabilitation Services and Disability Research Account of the Department
of Education budget.
CRS-15
Center receives funding from other federal, state and private sources. For instance,
in FY2001, the Helen Keller National Center raised approximately $717,000, or 6.2%
of its total budget, through private donations, and other fund-raising activities.
Funding for FY2003. Funding for the program is $8.7 million, a slight
decrease from the FY2002 funding level. This decrease represents the 0.65% across-
the-board reduction authorized under the Consolidated Appropriations Resolution,
2003 (P.L. 108-7). At the appropriated level the Helen Keller National Center will
provide direct services for approximately 90 clients in its residential training and
rehabilitation program and serve almost 2,800 individuals through its regional field
offices. The Center will also support grants for two new programs.
FY2004 Budget Request. The Administration is requesting $8.7 million,
and of this amount $200,000 would be set aside for capital expenditures. The
funding would continue to support and expand educational, independent living, and
occupational opportunities for people who are deaf-blind.
Assistive Technology24. The Assistive Technology (AT) Act25 of 1998
supports states in strengthening their capacity to address the assistive technology
needs of individuals with disabilities.
!
Title I. Authorizes funding for the Assistive Technology State
Grants program. Grants are awarded for protection and advocacy
systems, and a technical assistance program;
!
Title II. Provides for increased coordination of federal efforts
related to assistive technology and design of equipment to meet
varied requirements, and authorizes funding for multiple grant
programs; and
!
Title III. Provides for alternative financing mechanisms for people
with disabilities to purchase assistive technology devices and
services. Grants are awarded to states to finance assistive
technology (computers, speech recognition software etc.) for people
with disabilities. These funds may be used to establish specified
types of loan programs for individuals with disabilities, and will not
be used simply to purchase assistive technology for individuals.
Funding for FY2003. Funding for programs under Title I is $26.8 million in
FY2003. This amount will provide funding for the State Grant program, Protection
and Advocacy and Technical Assistance programs under Title I. This amount will
allow funding for all states and territories at their FY2002 funding level.
Additionally, the Consolidated Appropriations Resolution, 2003 (P.L. 108-7),
provided funding for 23 states that would have been ineligible to receive funding in
24 For detailed information on funding for the Assistive Technology Act of 1998 (P.L. 105-
394), see CRS Report RS21385,
Assistive Technology Act: Programs and Funding, by
Sidath V. Panangala.
25 P.L. 105-394, Nov. 13,1998.
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FY2003 due to the sunset provisions of prior law.26 The AT Act stipulates that states
participating in the State Grant program are ineligible to receive funding after 13
years of participating in the program. Additionally, the law stipulates that states in
their 9th and 10th year of funding are to receive declining amounts over the 2-year
period (that is, in the 9th year states are to receive 75% of what they received in their
8th year of funding; in the 10th year they are to receive 50% of the amount they
received in the 8th year of funding).27
The Administration requested $15.2 million for Title III programs for FY2003.
In the Consolidated Appropriations Resolution, 2003 (P.L. 108-7), Congress did not
include language for continuation of funding for FY2003.
FY2004 Budget Request. The Administration has not requested any
funding for programs under Title I and Title III for FY2004. The Administration
believes that State Grant Program has fulfilled its original mission by providing 10
years or more of federal funding to states to assist them in developing assistive
technology programs. The President’s FY2004 budget also proposes a shift of $2.6
million funding from the Protection and Advocacy(P&A) program under Title I of
the AT Act to the P&A for Individual Rights under Title V of the Rehabilitation Act
of 1973, as amended. In FY2003 the President’s budget request for the P&A for
Individual Rights under Title V of the Rehabilitation Act of 1973 as amended, was
$15.2 million; the FY2004 budget request for the program is $17.8 million. The
Administration believes that increased funding in FY2002 – $36.5 million, for Title
III which remains available for 2 years, will provide adequate funding for alternative
financing programs.
26 In FY2002, nine states were ineligible to receive funding: Arkansas, Colorado, Illinois,
Kentucky, Maine, Maryland, Minnesota, Nebraska, and Utah. In FY2003, 14 states were
ineligible to receive funding because they had already participated for 13 years: Alaska,
Indiana, Iowa, Massachusetts, Mississippi, Nevada, New Mexico, New York, North
Carolina, Oregon, Tennessee, Vermont, Virginia, and Wisconsin. In FY2004, 13 states and
territories will be ineligible for funding: Connecticut, Florida, Idaho, Michigan, New Jersey,
Northern Mariana Islands, Ohio, Oklahoma, Pennsylvania, South Dakota, Texas, Virgin
Island, and West Virginia.
27 P.L. 105-394, Title I, 112 Stat, 3641.
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Table 2. Vocational Rehabilitation and Related Programs for
Persons with Disabilities, FY2002, and FY2003 Funding, and
FY2004 Budget Request
($ in thousands)
FY2002
FY2003
FY2004
Programs
actual
estimatea
request
Title I — Vocational Rehabilitation(VR) Services
Federal-State VR programb
$2,481,383 $2,533,492
$2,668,652
Client assistance program
11,897
12,068
11,897
Total
2,493,280
2,545,560
2,680,549
Title II — Research and Training
National institute on disability and rehab. research
110,000
109,285
110,000
(NIDRR)
Total 110,000
109,285
110,000
Title III — Training and Demonstration Projects
Training
39,629
39,371
42,629
Demonstration and training programsc
21,238
20,895
24,492
Migrant and seasonal farmworkers
2,350
2,335 not requestedd
Recreational Programs
2,596
2,579 not requestedd
Access to Telework Funde
20,000
not not requestedf
requestedf
Total 85,813
65,180
67,121
Title IV — National Council on Disability
National Council on Disability
2,829
2,840
2,830
Total
2,829
2,840
2,830
Title V — Rights and Advocacy
Architectural & transportation barriers compliance board
5,015
5,194
5,401
Protection and advocacy of individual rights (PAIR)
15,200
16,890
17,880g
Total
20,215
22,084
23,281
Title VI — Employment Opportunities
Projects with industry
22,071
21,928 not requestedd
Supported employment state grants
38,152
37,904 not requestedd
Total
60,223
59,832
none
Title VII — Independent Living Services and Centers for Independent Living
State allotments for independent living services
22,296
22,151
22,296
Centers for independent living
62,500
69,545
69,500
Independent living services for the older blind
25,000
27,818
25,000
Total
109,796
119,514
116,796
Evaluation
1,000
994
1,000
Program improvement activities
900
894
850
Total: Programs under the Rehabilitation Acth
2,884,056
2,926,183
3,002,427
Related programs
Helen Keller Center
8,717
8,660
8,717
Assistive Technology
60,884
26,824 not requestedi
Total: Rehabilitation Service and Disability Researchj
2,945,813
2,953,633
3,002,913
Sources: Department of Education, FY2004 Justification of Appropriation Estimates to the Congress;
Department of Health and Human Services, FY2004 Justification of Estimates for Appropriations
Committees; Department of Transportation, Budget Estimates for FY2004.
a Estimated obligation.
b Includes set-aside for grants to Indian tribes (Section 130): $25.5 million for FY 2002, $26 .8 million
for FY 2003, and $27.6 million request for FY2004.
c Also includes funding for supported employment demonstration programs which merged with this
activity in FY1996.
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d The Administration is proposing consolidating these programs with the federal-state VR program
under Title I.
e New program in the FY2002 budget under the President's
NewFreedom Initiative.
f No funding was requested for FY2003 because the Administration believes that $20 million
appropriated in FY2002 is sufficient for FY2003, and it has been authorized for obligation over a
period of 2 years. Since the funds have not yet been obligated, the Administration is not requesting
any funding for FY2004.
g This amount includes the proposed shift of $2.6 million in funding from the Protection and
Advocacy(P&A) program under Title I of the AT Act(P.L. 105-394) to the P&A for Individual Rights
under Title V of Rehabilitation Act of 1973, as amended.
h Total amount of funding for programs under the Rehabilitation Act. This amount includes funding
for the Architectural and Transportation Barriers Compliance Board, which receives funding under
appropriation legislation for Department of Transportation (DOT) and related agencies for the fiscal
year ending September 30, 2002 (P.L. 108-7). It also includes the National Council on Disabilities
which is funded as part as the appropriations for the Departments of Labor, Health and Human
Services, and Education (L-HHS-ED)and related agencies for the fiscal year ending September 30,
2002 (P.L. 108-7).
i The Administration has not requested funding for the program in FY2004. The Administration
believes that the State Grant program has fulfilled its original mission by providing 10 or more years
of funding.
j Total amount of funding for the rehabilitation services and disability research account as presented
in the budget documents. This amount includes funding for the Helen Keller Center and the Assistive
Technology Act and excludes funding for the Architectural and Transportation Barriers Compliance
Board, and the National Council on Disability.