CITATIONS REQUIRING INFORMATION COLLECTION REHABILITATION ACT OF 1973,

AS AMENDED

Reports

Section 13. (a) Not later than one hundred and eighty days after the close of each fiscal year, the 

Commissioner shall prepare and submit to the President and to the Congress a full and complete 

report on the activities carried out under this Act, including the activities and staffing of the 

information clearinghouse under section 15.

(b) The Commissioner shall collect information to determine whether the purposes of this Act are 

being met and to assess the performance of programs carried out under this Act. The Commissioner 

shall take whatever action is necessary to assure that the identity of each individual for which 

information is supplied under this section is kept confidential, except as otherwise required by law 

(including regulation).

(c) In preparing the report, the Commissioner shall annually collect and include in the report 

information based on the information submitted by States in accordance with section 101(a)(10), 

including information on administrative costs as required by section 101(a)(10)(D). The 

Commissioner shall, to the maximum extent appropriate, include in the report all information that is 

required to be submitted in the reports described in section 136(d) of the Workforce Investment Act 

of 1998 and that pertains to the employment of individuals with disabilities.

Evaluation

Section 14. (a) For the purpose of improving program management and effectiveness, the 

Secretary, in consultation with 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. The Secretary shall establish and use standards for the evaluations required by 

this subsection. Such an evaluation shall be conducted by a person not immediately involved in the 

administration of the program evaluated.

(b) In carrying out evaluations under this section, the Secretary shall obtain the opinions of program 

and project participants about the strengths and weaknesses of the programs and projects.

(c) The Secretary shall take the necessary action to assure that all studies, evaluations, proposals, 

and data produced or developed with Federal funds under this Act shall become the property of the 

United States.

(d) Such information as the Secretary may determine to be necessary for purposes of the 

evaluations conducted under this section shall be made available upon request of the Secretary, by

the departments and agencies of the executive branch.
(e)(1) To assess the linkages between vocational rehabilitation services and economic and 

noneconomic outcomes, the Secretary shall continue to conduct a longitudinal study of a national 

sample of applicants for the services.

(2) The study shall address factors related to attrition and completion of the program through 

which the services are provided and factors within and outside the program affecting results. 

Appropriate comparisons shall be used to contrast the experiences of similar persons who do not 

obtain the services.

(3) The study shall be planned to cover the period beginning on the application of individuals with 

disabilities for the services, through the eligibility determination and provision of services for the 

individuals, and a further period of not less than 2 years after the termination of services.

(f)(1) The Commissioner shall identify and disseminate information on exemplary practices 

concerning vocational rehabilitation.

(2) To facilitate compliance with paragraph (1), the Commissioner shall conduct studies and 

analyses that identify exemplary practices concerning vocational rehabilitation, including studies in 

areas relating to providing informed choice in the rehabilitation process, promoting consumer 

satisfaction, promoting job placement and retention, providing supported employment, providing 

services to particular disability populations, financing personal assistance services, providing 

assistive technology devices and assistive technology services, entering into cooperative 

agreements, establishing standards and certification for community rehabilitation programs, 

converting from nonintegrated to integrated employment, and providing caseload management.

(g) There are authorized to be appropriated to carry out this section such sums as may be necessary.

Section 106. Evaluation Standards and Performance Indicators

(a) Establishment 

(1) In general 

(A) Establishment of standards and indicators

The Commissioner shall, not later than July 1, 1999, establish and publish evaluation standards and 

performance indicators for the vocational rehabilitation program carried out under this title.

(B) Review and revision

Effective July 1, 1999, the Commissioner shall review and, if necessary, revise the evaluation 

standards and performance indicators every 3 years. Any revisions of the standards and indicators 

shall be developed with input from State vocational rehabilitation agencies, related professional and 

consumer organizations, recipients of vocational rehabilitation services, and other interested 
parties. Any revisions of the standards and indicators shall be subject to the publication, review, 

and comment provisions of paragraph (3).

(C) Bases

Effective July 1, 1999, to the maximum extent practicable, the standards and indicators shall be 

consistent with the core indicators of performance established under section 136(b) of the 

Workforce Investment Act of 1998.

(2) Measures

The standards and indicators shall include outcome and related measures of program performance 

that facilitate the accomplishment of the purpose and policy of this title.

(3) Comment

The standards and indicators shall be developed with input from State vocational rehabilitation 

agencies, related professional and consumer organizations, recipients of vocational rehabilitation 

services, and other interested parties. The Commissioner shall publish in the Federal Register a 

notice of intent to regulate regarding the development of proposed standards and indicators. 

Proposed standards and indicators shall be published in the Federal Register for review and 

comment. Final standards and indicators shall be published in the Federal Register.

(b) Compliance 

(1) State reports

In accordance with regulations established by the Secretary, each State shall report to the 

Commissioner after the end of each fiscal year the extent to which the State is in compliance with 

the standards and indicators.

(2) Program improvement 

(A) Plan

If the Commissioner determines that the performance of any State is below established standards, 

the Commissioner shall provide technical assistance to the State, and the State and the 

Commissioner shall jointly develop a program improvement plan outlining the specific actions to 

be taken by the State to improve program performance.

(B) Review

The Commissioner shall--

(i) review the program improvement efforts of the State on a biannual basis and, if necessary, 

request the State to make further revisions to the plan to improve performance; and
(ii) continue to conduct such reviews and request such revisions until the State sustains satisfactory

performance over a period of more than 1 year.

(c) Withholding

If the Commissioner determines that a State whose performance falls below the established 

standards has failed to enter into a program improvement plan, or is not complying substantially 

with the terms and conditions of such a program improvement plan, the Commissioner shall, 

consistent with subsections (c) and (d) of section 107, reduce or make no further payments to the 

State under this program, until the State has entered into an approved program improvement plan, 

or satisfies the Commissioner that the State is complying substantially with the terms and 

conditions of such a program improvement plan, as appropriate.

(d) Report to Congress

Beginning in fiscal year 1999, the Commissioner shall include in each annual report to the 

Congress under section 13 an analysis of program performance, including relative State 

performance, based on the standards and indicators.

Section 101(a)(10) Reporting requirements 

(A) In general

The State plan shall include an assurance that the designated State agency will submit reports in the 

form and level of detail and at the time required by the Commissioner regarding applicants for, and 

eligible individuals receiving, services under this title.

(B) Annual reporting

In specifying the information to be submitted in the reports, the Commissioner shall require annual 

reporting on the eligible individuals receiving the services, on those specific data elements 

described in section 136(d)(2) of the Workforce Investment Act of 1998 that are determined by the 

Secretary to be relevant in assessing the performance of designated State units in carrying out the 

vocational rehabilitation program established under this title.

(C) Additional data

In specifying the information required to be submitted in the reports, the Commissioner shall 

require additional data with regard to applicants and eligible individuals related to--

(i) the number of applicants and the number of individuals determined to be eligible or ineligible 

for the program carried out under this title, including--
(I) the number of individuals determined to be ineligible because they did not require vocational 

rehabilitation services, as provided in section 102(a); and

(II) the number of individuals determined, on the basis of clear and convincing evidence, to be too 

severely disabled to benefit in terms of an employment outcome from vocational rehabilitation 

services;

(ii) the number of individuals who received vocational rehabilitation services through the program, 

including--

(I) the number who received services under paragraph (5)(D), but not assistance under an 

individualized plan for employment;

(II) of those recipients who are individuals with significant disabilities, the number who received 

assistance under an individualized plan for employment consistent with section 102(b); and

(III) of those recipients who are not individuals with significant disabilities, the number who 

received assistance under an individualized plan for employment consistent with section 102(b);

(iii) of those applicants and eligible recipients who are individuals with significant disabilities--

(I) the number who ended their participation in the program carried out under this title and the 

number who achieved employment outcomes after receiving vocational rehabilitation services; and

(II) the number who ended their participation in the program and who were employed 6 months 

and 12 months after securing or regaining employment, or, in the case of individuals whose 

employment outcome was to retain or advance in employment, who were employed 6 months and 

12 months after achieving their employment outcome, including--

(aa) the number who earned the minimum wage rate specified in section 6(a)(1) of the Fair Labor 

Standards Act of 1938 (29 U.S.C. 206(a)(1)) or another wage level set by the Commissioner, 

during such employment; and

(bb) the number who received employment benefits from an employer during such employment; 

and

(iv) of those applicants and eligible recipients who are not individuals with significant disabilities--

(I) the number who ended their participation in the program carried out under this title and the 

number who achieved employment outcomes after receiving vocational rehabilitation services; and

(II) the number who ended their participation in the program and who were employed 6 months 

and 12 months after securing or regaining employment, or, in the case of individuals whose 

employment outcome was to retain or advance in employment, who were employed 6 months and 

12 months after achieving their employment outcome, including--

(aa) the number who earned the minimum wage rate specified in section 6(a)(1) of the Fair Labor 

Standards Act of 1938 (29 U.S.C. 206(a)(1)) or another wage level set by the Commissioner, 

during such employment; and

(bb) the number who received employment benefits from an employer during such employment.

(D) Costs and results
The Commissioner shall also require that the designated State agency include in the reports 

information on--

(i) the costs under this title of conducting administration, providing assessment services, 

counseling and guidance, and other direct services provided by designated State agency staff, 

providing services purchased under individualized plans for employment, supporting small 

business enterprises, establishing, developing, and improving community rehabilitation programs, 

providing other services to groups, and facilitating use of other programs under this Act and title I 

of the Workforce Investment Act of 1998 by eligible individuals; and

(ii) the results of annual evaluation by the State of program effectiveness under paragraph (15)(E).

(E) Additional information

The Commissioner shall require that each designated State unit include in the reports additional 

information related to the applicants and eligible individuals, obtained either through a complete 

count or sampling, including--

(i) information on--

(I) age, gender, race, ethnicity, education, category of impairment, severity of disability, and 

whether the individuals are students with disabilities;

(II) dates of application, determination of eligibility or ineligibility, initiation of the individualized 

plan for employment, and termination of participation in the program;

(III) earnings at the time of application for the program and termination of participation in the 

program;

(IV) work status and occupation;

(V) types of services, including assistive technology services and assistive technology devices, 

provided under the program;

(VI) types of public or private programs or agencies that furnished services under the program; and

(VII) the reasons for individuals terminating participation in the program without achieving an 

employment outcome; and

(ii) information necessary to determine the success of the State in meeting--

(I) the State performance measures established under section 136(b) of the Workforce Investment 

Act of 1998, to the extent the measures are applicable to individuals with disabilities; and

(II) the standards and indicators established pursuant to section 106.

(F) Completeness and confidentiality

The State plan shall include an assurance that the information submitted in the reports will include 

a complete count, except as provided in subparagraph (E), of the applicants and eligible 

individuals, in a manner permitting the greatest possible cross-classification of data and that the 

identity of each individual for which information is supplied under this paragraph will be kept 

confidential.
Part D--Vocational Rehabilitation Services Client Information

Section 131. Data Sharing

(a) In General

(1) Memorandum of understanding

The Secretary of Education and the Secretary of Health and Human Services shall enter into a 

memorandum of understanding for the purposes of exchanging data of mutual importance--

(A) that concern clients of designated State agencies; and

(B) that are data maintained either by--

(i) the Rehabilitation Services Administration, as required by section 13; or

(ii) the Social Security Administration, from its Summary Earnings and Records and Master 

Beneficiary Records.

(2) Employment statistics

The Secretary of Labor shall provide the Commissioner with employment statistics specified in 

section 15 of the Wagner-Peyser Act, that facilitate evaluation by the Commissioner of the program 

carried out under part B, and allow the Commissioner to compare the progress of individuals with 

disabilities who are assisted under the program in securing, retaining, regaining, and advancing in 

employment with the progress made by individuals who are assisted under title I of the Workforce 

Investment Act of 1998.

(b) Treatment of Information

For purposes of the exchange described in subsection (a)(1), the data described in subsection 

(a)(1)(B)(ii) shall not be considered return information (as defined in section 6103(b)(2) of the 

Internal Revenue Code of 1986) and, as appropriate, the confidentiality of all client information 

shall be maintained by the Rehabilitation Services Administration and the Social Security 

Administration.

Section 626. Restriction

Each State agency designated under section 625(b)(1) shall collect the information required by

section 101(a)(10) separately for eligible individuals receiving supported employment services 

under this part and for eligible individuals receiving supported employment services under title I.