Rehabilitation Act: Summary of 1998 Reauthorization Legislation

Publication Date: January 2002

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Education

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Abstract:

The Rehabilitation Act of 1973 authorizes multiple programs that support vocational rehabilitation (VR) services to help individuals with physical and mental disabilities become employable and achieve independence. The Act was reauthorized for 5 years through FY2003 by P.L. 105-220, the Workforce Investment Act of 1998 (WIA) (signed by President Clinton on August 7, 1998). FY2002 funding for the Act is $2.9 billion. It is expected that Congress will review the Act for reauthorization in the 108th Congress. This report is being issued now as part of the preparation for that review.

The Act's major program, the federal-state vocational rehabilitation (VR) program under Title I, provides formula grant funds to states for VR services to assist persons with significant disabilities become employed. Title I represents 86.4% of the Act's total FY2002 funding. Persons are eligible for Title I VR services if they have a physical or mental impairment that results in a substantial impediment to employment.

In general, P.L. 105-220 simplified certain aspects of the vocational rehabilitation process for consumers, expanded consumer choice of services and rehabilitation providers, and coordinated the federal-state VR program with the workforce investment system created by the same law. (The workforce investment system is the Nation's primary job training program for unemployed or underemployed persons.) The law also required that individuals with disabilities are to be served not only by the VR program, but also through the workforce investment system. The law required VR consumers to be involved in their VR planning process, giving them more choice in the development of their individualized plans for employment (IPE). The IPE is a key document that establishes an individual's employment goals, and specifies the services he/she will receive and the service providers.

P.L. 105-220 simplified certain aspects of the eligibility determination process. For example, the law was changed so that an individual is presumed to be eligible for VR services if he/she is eligible for Social Security disability (SSDI) or supplemental security income (SSI). Under prior law, there was no presumptive eligibility provision. The law also allows state VR agencies to use existing, current information available from other programs to determine eligibility for VR services and to develop the IPE. Under other provisions, states are required to provide at least a minimum level of services to persons who otherwise would not be served. For such persons, the state is required to implement an information and referral system, including guidance services.

For information on funding for programs under the Act, see CRS Report Rehabilitation Act: Programs and Funding (forthcoming). This report will not be updated.