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REHABILITATION ACT OF 1973 

[As Amended Through P.L. 114–95, Enacted December 10, 2015] 

AN ACT To replace the Vocational Rehabilitation Act, to extend and revise the authorization of grants to States for vocational rehabilitation services, with special 

emphasis on services to individuals with the most severe disabilities, to expand

special Federal responsibilities and research and training programs with respect 

to individuals with disabilities, to create linkage between State vocational rehabilitation programs and workforce investment activities carried out under title I 

of the Workforce Investment Act of 1998, to establish special responsibilities for 

the Secretary of Education for coordination of all activities with respect to individuals with disabilities within and across programs administered by the Federal 

Government, and for other purposes. 1 

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)ø29 U.S.C. 701 note¿ SHORT TITLE.—This Act may be cited 

as the ‘‘Rehabilitation Act of 1973’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is 

as follows: 

Sec. 1. Short title; table of contents. 


Sec. 2. Findings; purpose; policy. 


Sec. 3. Rehabilitation Services Administration. 


Sec. 4. Advance funding. 


Sec. 5. Joint funding. 


Sec. 7. Definitions. 


Sec. 8. Allotment percentage. 


Sec. 10. Nonduplication. 


Sec. 11. Application of other laws. 


Sec. 12. Administration of the Act. 


Sec. 13. Reports. 


Sec. 14. Evaluation. 


Sec. 15. Information clearinghouse. 


Sec. 16. Transfer of funds. 


Sec. 17. State administration. 


Sec. 18. Review of applications. 


Sec. 19. Carryover. 


Sec. 20. Client assistance information. 


Sec. 21. Traditionally underserved populations. 


TITLE I—VOCATIONAL REHABILITATION SERVICES 

PART A—GENERAL PROVISIONS 

Sec. 100. Declaration of policy; authorization of appropriations. 


Sec. 101. State plans. 


Sec. 102. Eligibility and individualized plan for employment. 


Sec. 103. Vocational rehabilitation services. 


Sec. 104. Non-Federal share for establishment of program. 


1 The title of the Act, as shown above, reflects the amendments described in section 402 of 

Public Law 105–220 (112 Stat. 1092). Note, however, that there is a legal question as to whether 

the title of an Act can be amended, as the title precedes the enacting clause and therefore is 

arguably not law. See Sutherland Statutory Construction §§ 19.05, 47.04, 47.05 (4th ed. 1984, 

1985); R. Dickerson, The Fundamentals of Legal Drafting § 13.2 (2nd ed. 1986). 

1 

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Sec. 1 REHABILITATION ACT OF 1973 2 

Sec. 105. State Rehabilitation Council. 


Sec. 106. Evaluation standards and performance indicators. 


Sec. 107. Monitoring and review. 


Sec. 108. Expenditure of certain amounts. 


Sec. 109. Training and services for employers. 


PART B—BASIC VOCATIONAL REHABILITATION SERVICES 

Sec. 110. State allotments. 


Sec. 111. Payments to States. 


Sec. 112. Client assistance program. 


Sec. 113. Provision of pre-employment transition services. 


PART C—AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES 

Sec. 121. Vocational rehabilitation services grants. 

PART D—VOCATIONAL REHABILITATION SERVICES CLIENT INFORMATION 

Sec. 131. Data sharing. 

TITLE II—RESEARCH AND TRAINING 

Sec. 200. Declaration of purpose. 

Sec. 201. Authorization of appropriations. 

Sec. 202. National Institute on Disability, Independent Living, and Rehabilitation 

Research. 

Sec. 203. Interagency Committee. 

Sec. 204. Research and other covered activities. 

Sec. 205. Disability, Independent Living, and Rehabilitation Research Advisory 

Council. 

Sec. 206. Definition of covered school. 

TITLE III—PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND 

DEMONSTRATIONS 

Sec. 301. Declaration of purpose and competitive basis of grants and contracts. 


Sec. 302. Training. 


Sec. 303. Demonstration and training programs. 


Sec. 304. Measuring of project outcomes and performance. 


TITLE IV—NATIONAL COUNCIL ON DISABILITY 

Sec. 400. Establishment of National Council on Disability. 


Sec. 401. Duties of National Council. 


Sec. 402. Compensation of National Council members. 


Sec. 403. Staff of National Council. 


Sec. 404. Administrative powers of National Council. 


Sec. 405. Authorization of Appropriations. 


TITLE V—RIGHTS AND ADVOCACY 

Sec. 501. Employment of individuals with disabilities. 


Sec. 502. Architectural and Transportation Barriers Compliance Board. 


Sec. 503. Employment under Federal contracts. 


Sec. 504. Nondiscrimination under Federal grants and programs. 


Sec. 505. Remedies and attorneys’ fees. 


Sec. 506. Secretarial responsibilities. 


Sec. 507. Interagency Disability Coordinating Council. 


Sec. 508. Electronic and information technology regulations. 


Sec. 509. Protection and advocacy of individual rights. 


Sec. 511. Limitations on use of subminimum wage. 


TITLE VI—EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH 


DISABILITIES 


Sec. 601. Short title. 


Sec. 601. Short title. 


Sec. 602. Purpose. 


Sec. 603. Allotments. 


Sec. 604. Availability of services. 


Sec. 605. Eligibility. 


Sec. 606. State plan. 


Sec. 607. Restriction. 


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January 7, 2016 

3 REHABILITATION ACT OF 1973 Sec. 2 

Sec. 608. Savings provision. 

Sec. 609. Advisory Committee on Increasing Competitive Integrated Employment 

for Individuals with Disabilities. 

Sec. 610. Authorization of appropriations. 

TITLE VII—INDEPENDENT LIVING SERVICES AND CENTERS FOR 


INDEPENDENT LIVING 


CHAPTER 1—INDIVIDUALS WITH SIGNIFICANT DISABILITIES 

PART A—GENERAL PROVISIONS 

Sec. 701. Purpose. 


Sec. 701A. Administration of the independent living program. 


Sec. 702. Definitions. 


Sec. 703. Eligibility for receipt of services. 


Sec. 704. State plan. 


Sec. 705. Statewide Independent Living Council. 


Sec. 706. Responsibilities of the Administrator. 


PART B—INDEPENDENT LIVING SERVICES 

Sec. 711. Allotments. 


Sec. 711A. Training and technical assistance. 


Sec. 712. Payments to States from allotments. 


Sec. 713. Authorized uses of funds. 


Sec. 714. Authorization of appropriations. 


PART C—CENTERS FOR INDEPENDENT LIVING 

Sec. 721. Program authorization. 

Sec. 722. Grants to centers for independent living in States in which Federal funding exceeds State funding. 

Sec. 723. Grants to centers for independent living in States in which State funding 

equals or exceeds Federal funding. 

Sec. 724. Centers operated by State agencies. 

Sec. 725. Standards and assurances for centers for independent living. 

Sec. 726. Definitions. 

Sec. 727. Authorization of appropriations. 

CHAPTER 2—INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
 

BLIND
 

Sec. 751. Definition. 


Sec. 751A. Training and technical assistance. 


Sec. 752. Program of grants. 


Sec. 753. Authorization of appropriations. 


SEC. 2. FINDINGS; PURPOSE; POLICY. 

(a) FINDINGS.—Congress finds that— 

(1) millions of Americans have one or more physical or 


mental disabilities and the number of Americans with such 


disabilities is increasing; 


(2) individuals with disabilities constitute one of the most 


disadvantaged groups in society; 


(3) disability is a natural part of the human experience 


and in no way diminishes the right of individuals to— 


(A) live independently; 

(B) enjoy self-determination; 

(C) make choices; 

(D) contribute to society; 

(E) pursue meaningful careers; and 

(F) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of American society; 

(4) increased employment of individuals with disabilities 


can be achieved through implementation of statewide work-


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Sec. 2 REHABILITATION ACT OF 1973 4 

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force development systems defined in section 3 of the Workforce Innovation and Opportunity Act that provide meaningful 

and effective participation for individuals with disabilities in 

workforce investment activities and activities carried out under 

the vocational rehabilitation program established under title I, 

and through the provision of independent living services, support services, and meaningful opportunities for employment in 

integrated work settings through the provision of reasonable 

accommodations; 

(5) individuals with disabilities continually encounter various forms of discrimination in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health 

services, voting, and public services; 

(6) the goals of the Nation properly include the goal of providing individuals with disabilities with the tools necessary 

to— 

(A) make informed choices and decisions; and 

(B) achieve equality of opportunity, full inclusion and 


integration in society, employment, independent living, 


and economic and social self-sufficiency, for such individuals; and 


(7)(A) a high proportion of students with disabilities is 


leaving secondary education without being employed in competitive integrated employment, or being enrolled in postsecondary education; and 

(B) there is a substantial need to support such students as 

they transition from school to postsecondary life. 

(b) PURPOSE.—The purposes of this Act are— 

(1) to empower individuals with disabilities to maximize 

employment, economic self-sufficiency, independence, and inclusion and integration into society, through— 

(A) statewide workforce development systems defined 


in section 3 of the Workforce Innovation and Opportunity 


Act that include, as integral components, comprehensive 


and coordinated state-of-the-art programs of vocational rehabilitation; 


(B) independent living centers and services; 

(C) research; 

(D) training; 

(E) demonstration projects; and 

(F) the guarantee of equal opportunity; 

(2) to maximize opportunities for individuals with disabilities, including individuals with significant disabilities, for 

competitive integrated employment; 

(3) to ensure that the Federal Government plays a leadership role in promoting the employment of individuals with disabilities, especially individuals with significant disabilities, and 

in assisting States and providers of services in fulfilling the aspirations of such individuals with disabilities for meaningful 

and gainful employment and independent living; 

(4) to increase employment opportunities and employment 

outcomes for individuals with disabilities, including through 

encouraging meaningful input by employers and vocational reAs Amended Through P.L. 114-95, Enacted December 10, 2015 

 

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January 7, 2016 

5 REHABILITATION ACT OF 1973 Sec. 3 

habilitation service providers on successful and prospective employment and placement strategies; and 


(5) to ensure, to the greatest extent possible, that youth 


with disabilities and students with disabilities who are 


transitioning from receipt of special education services under 


the Individuals with Disabilities Education Act (20 U.S.C. 1400 


et seq.) and receipt of services under section 504 of this Act 


have opportunities for postsecondary success. 


(c) POLICY.—It is the policy of the United States that all programs, projects, and activities receiving assistance under this Act 

shall be carried out in a manner consistent with the principles of— 

(1) respect for individual dignity, personal responsibility, 


self-determination, and pursuit of meaningful careers, based on 


informed choice, of individuals with disabilities; 


(2) respect for the privacy, rights, and equal access (including the use of accessible formats), of the individuals; 


(3) inclusion, integration, and full participation of the individuals; 


(4) support for the involvement of an individual’s representative if an individual with a disability requests, desires, 


or needs such support; and 


(5) support for individual and systemic advocacy and community involvement. 


ø29 U.S.C. 701¿ 


REHABILITATION SERVICES ADMINISTRATION 

SEC. 3. (a) There is established in the Office of the Secretary 

in the Department of Education a Rehabilitation Services Administration which shall be headed by a Commissioner (hereinafter in 

this Act referred to as the ‘‘Commissioner’’) appointed by the President by and with the advice and consent of the Senate. Such Administration shall be the principal agency, and the Commissioner 

shall be the principal officer, of the Department for purposes of carrying out titles I, III, VI, and chapter 2 of title VII. The Commissioner shall be an individual with substantial experience in rehabilitation and in rehabilitation program management. In the performance of the functions of the office, the Commissioner shall be 

directly responsible to the Secretary of Education or to the Under 

Secretary or an appropriate Assistant Secretary of such Department, as designated by the Secretary. The functions of the Commissioner shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, 

to the Commissioner. Any reference in this Act to duties to be carried out by the Commissioner shall be considered to be a reference 

to duties to be carried out by the Secretary of Education acting 

through the Commissioner. In carrying out any of the functions of 

the office under this Act, the Commissioner shall be guided by general policies of the National Council on Disability established under 

title IV of this Act. 

(b) The Secretary of Education shall take whatever action is 

necessary to ensure that funds appropriated pursuant to this Act 

are expended only for the programs, personnel, and administration 

of programs carried out under this Act. 

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Sec. 4 REHABILITATION ACT OF 1973 6 

ø29 U.S.C. 702¿ 

ADVANCE FUNDING 

SEC. 4. (a) For the purpose of affording adequate notice of 

funding available under this Act, appropriations under this Act are 

authorized to be included in the appropriation Act for the fiscal 

year preceding the fiscal year for which they are available for obligation. 

(b) In order to effect a transition to the advance funding method of timing appropriation action, the authority provided by subsection (a) of this section shall apply notwithstanding that its initial application will result in the enactment in the same year 

(whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for 

the succeeding fiscal year. 

ø29 U.S.C. 703¿ 

JOINT FUNDING 

SEC. 5. Pursuant to regulations prescribed by the President, 

and to the extent consistent with the other provisions of this Act, 

where funds are provided for a single project by more than one 

Federal agency to an agency or organization assisted under this 

Act, the Federal agency principally involved may be designated to 

act for all in administering the funds provided, and, in such cases, 

a single non-Federal share requirement may be established according to the proportion of funds advanced by each agency. When the 

principal agency involved is the Rehabilitation Services Administration, it may waive any grant or contract requirement (as defined 

by such regulations) under or pursuant to any law other than this 

Act, which requirement is inconsistent with the similar requirements of the administering agency under or pursuant to this Act. 

ø29 U.S.C. 704¿ 

SEC. 7. DEFINITIONS. 

For the purposes of this Act: 

(1) ADMINISTRATIVE COSTS.—The term ‘‘administrative 

costs’’ means expenditures incurred in the performance of administrative functions under the vocational rehabilitation program carried out under title I, including expenses related to 

program planning, development, monitoring, and evaluation, 

including expenses for— 

(A) quality assurance; 

(B) budgeting, accounting, financial management, information systems, and related data processing; 

(C) providing information about the program to the 

public; 

(D) technical assistance and support services to other 

State agencies, private nonprofit organizations, and businesses and industries, except for technical assistance and 

support services described in section 103(b)(5); 

(E) the State Rehabilitation Council and other advisory committees; 

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7 REHABILITATION ACT OF 1973 Sec. 7 

January 7, 2016 

(F) professional organization membership dues for designated State unit employees; 


(G) the removal of architectural barriers in State vocational rehabilitation agency offices and State operated rehabilitation facilities; 


(H) operating and maintaining designated State unit 


facilities, equipment, and grounds; 


(I) supplies; 

(J) administration of the comprehensive system of personnel development described in section 101(a)(7), including personnel administration, administration of affirmative 


action plans, and training and staff development; 


(K) administrative salaries, including clerical and 


other support staff salaries, in support of these administrative functions; 


(L) travel costs related to carrying out the program, 


other than travel costs related to the provision of services; 


(M) costs incurred in conducting reviews of rehabilitation counselor or coordinator determinations under section 


102(c); and 


(N) legal expenses required in the administration of 


the program. 


(2) ASSESSMENT FOR DETERMINING ELIGIBILITY AND VOCA­ TIONAL REHABILITATION NEEDS.—The term ‘‘assessment for determining eligibility and vocational rehabilitation needs’’ 

means, as appropriate in each case— 

(A)(i) a review of existing data— 

(I) to determine whether an individual is eligible 

for vocational rehabilitation services; and 

(II) to assign priority for an order of selection described in section 101(a)(5)(A) in the States that use 

an order of selection pursuant to section 101(a)(5)(A); 

and 

(ii) to the extent necessary, the provision of appropriate assessment activities to obtain necessary additional 


data to make such determination and assignment; 


(B) to the extent additional data is necessary to make 


a determination of the employment outcomes, and the nature, and scope of vocational rehabilitation services, to be 


included in the individualized plan for employment of an 


eligible individual, a comprehensive assessment to determine the unique strengths, resources, priorities, concerns, 


abilities, capabilities, interests, and informed choice, including the need for supported employment, of the eligible 


individual, which comprehensive assessment— 


(i) is limited to information that is necessary to 

identify the rehabilitation needs of the individual and 

to develop the individualized plan for employment of 

the eligible individual; 

(ii) uses, as a primary source of such information, 

to the maximum extent possible and appropriate and 

in accordance with confidentiality requirements— 

(I) existing information obtained for the purposes of determining the eligibility of the indiAs Amended Through P.L. 114-95, Enacted December 10, 2015 

 

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Sec. 7 REHABILITATION ACT OF 1973 8 

January 7, 2016 

vidual and assigning priority for an order of selection described in section 101(a)(5)(A) for the individual; and 

(II) such information as can be provided by 

the individual and, where appropriate, by the family of the individual; 

(iii) may include, to the degree needed to make 


such a determination, an assessment of the personality, interests, interpersonal skills, intelligence and 


related functional capacities, educational achievements, work experience, vocational aptitudes, personal 


and social adjustments, and employment opportunities 


of the individual, and the medical, psychiatric, psychological, and other pertinent vocational, educational, 


cultural, social, recreational, and environmental factors, that affect the employment and rehabilitation 


needs of the individual; 


(iv) may include, to the degree needed, an appraisal of the patterns of work behavior of the individual and services needed for the individual to acquire occupational skills, and to develop work attitudes, work habits, work tolerance, and social and behavior patterns necessary for successful job performance, including the utilization of work in real job situations to assess and develop the capacities of the individual to perform adequately in a work environment; 


and 


(v) to the maximum extent possible, relies on information obtained from experiences in integrated employment settings in the community, and other integrated community settings; 


(C) referral, for the provision of rehabilitation technology services to the individual, to assess and develop the 

capacities of the individual to perform in a work environment; and 

(D) an exploration of the individual’s abilities, capabilities, and capacity to perform in work situations, which 

shall be assessed periodically during trial work experiences, including experiences in which the individual is provided appropriate supports and training. 

(3) ASSISTIVE TECHNOLOGY TERMS.— 

(A) ASSISTIVE TECHNOLOGY.—The term ‘‘assistive technology’’ has the meaning given such term in section 3 of 

the Assistive Technology Act of 1998 (29 U.S.C. 3002). 

(B) ASSISTIVE TECHNOLOGY DEVICE.—The term ‘‘assistive technology device’’ has the meaning given such term in 

section 3 of the Assistive Technology Act of 1998, except 

that the reference in such section to the term ‘‘individuals 

with disabilities’’ shall be deemed to mean more than 1 individual with a disability as defined in paragraph (20)(A)). 

(C) ASSISTIVE TECHNOLOGY SERVICE.—The term ‘‘assistive technology service’’ has the meaning given such 

term in section 3 of the Assistive Technology Act of 1998, 

except that the reference in such section— 

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9 REHABILITATION ACT OF 1973 Sec. 7 

January 7, 2016 

(i) to the term ‘‘individual with a disability’’ shall 

be deemed to mean an individual with a disability, as 

defined in paragraph (20)(A); and 

(ii) to the term ‘‘individuals with disabilities’’ shall 

be deemed to mean more than 1 such individual. 

(4) COMMUNITY REHABILITATION PROGRAM.—The term 

‘‘community rehabilitation program’’ means a program that 

provides directly or facilitates the provision of vocational rehabilitation services to individuals with disabilities, and that provides, singly or in combination, for an individual with a disability to enable the individual to maximize opportunities for 

employment, including career advancement— 

(A) medical, psychiatric, psychological, social, and vocational services that are provided under one management; 


(B) testing, fitting, or training in the use of prosthetic 


and orthotic devices; 


(C) recreational therapy; 

(D) physical and occupational therapy; 

(E) speech, language, and hearing therapy; 

(F) psychiatric, psychological, and social services, including positive behavior management; 


(G) assessment for determining eligibility and vocational rehabilitation needs; 


(H) rehabilitation technology; 

(I) job development, placement, and retention services; 

(J) evaluation or control of specific disabilities; 

(K) orientation and mobility services for individuals 


who are blind; 


(L) extended employment; 

(M) psychosocial rehabilitation services; 

(N) supported employment services and extended 


services; 


(O) customized employment; 

(P) services to family members when necessary to the 


vocational rehabilitation of the individual; 


(Q) personal assistance services; or 

(R) services similar to the services described in one of 


subparagraphs (A) through (Q). 


(5) COMPETITIVE INTEGRATED EMPLOYMENT.—The term 

‘‘competitive integrated employment’’ means work that is performed on a full-time or part-time basis (including self-employment)— 

(A) for which an individual— 

(i) is compensated at a rate that— 

(I)(aa) shall be not less than the higher of the 

rate specified in section 6(a)(1) of the Fair Labor 

Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the 

rate specified in the applicable State or local minimum wage law; and 

(bb) is not less than the customary rate paid 

by the employer for the same or similar work performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer 

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Sec. 7 REHABILITATION ACT OF 1973 10 

and who have similar training, experience, and 

skills; or 

(II) in the case of an individual who is selfemployed, yields an income that is comparable to 

the income received by other individuals who are 

not individuals with disabilities, and who are selfemployed in similar occupations or on similar 

tasks and who have similar training, experience, 

and skills; and 

(ii) is eligible for the level of benefits provided to 

other employees; 

(B) that is at a location where the employee interacts 

with other persons who are not individuals with disabilities (not including supervisory personnel or individuals 

who are providing services to such employee) to the same 

extent that individuals who are not individuals with disabilities and who are in comparable positions interact with 

other persons; and 

(C) that, as appropriate, presents opportunities for advancement that are similar to those for other employees 

who are not individuals with disabilities and who have 

similar positions. 

(6) CONSTRUCTION; COST OF CONSTRUCTION.— 

(A) CONSTRUCTION.—The term ‘‘construction’’ means— 

(i) the construction of new buildings; 

(ii) the acquisition, expansion, remodeling, alteration, and renovation of existing buildings; and 

(iii) initial equipment of buildings described in 

clauses (i) and (ii). 

(B) COST OF CONSTRUCTION.—The term ‘‘cost of 

construction’’includes architects’ fees and the cost of acquisition of land in connection with construction but does not 

include the cost of offsite improvements. 

(7) CUSTOMIZED EMPLOYMENT.—The term ‘‘customized employment’’ means competitive integrated employment, for an 

individual with a significant disability, that is based on an individualized determination of the strengths, needs, and interests of the individual with a significant disability, is designed 

to meet the specific abilities of the individual with a significant 

disability and the business needs of the employer, and is carried out through flexible strategies, such as— 

(A) job exploration by the individual; 2 

(B) working with an employer to facilitate placement, 

including— 

(i) customizing a job description based on current 

employer needs or on previously unidentified and 

unmet employer needs; 

(ii) developing a set of job duties, a work schedule 

and job arrangement, and specifics of supervision (including performance evaluation and review), and determining a job location; 

2 So in original. Probably should include the word ‘‘and’’ after the semicolon at the end of subparagraph (A). 

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11 REHABILITATION ACT OF 1973 Sec. 7 

January 7, 2016 

(iii) representation by a professional chosen by the 

individual, or self-representation of the individual, in 

working with an employer to facilitate placement; and 

(iv) providing services and supports at the job location. 

(8) DESIGNATED STATE AGENCY; DESIGNATED STATE UNIT.— (A) DESIGNATED STATE AGENCY.—The term ‘‘designated State agency’’ means an agency designated under 


section 101(a)(2)(A). 


(B) DESIGNATED STATE UNIT.—The term ‘‘designated 


State unit’’ means— 


(i) any State agency unit required under section 

101(a)(2)(B)(ii); or 

(ii) in cases in which no such unit is so required, 

the State agency described in section 101(a)(2)(B)(i). 

(9) DISABILITY.—The term ‘‘disability’’ means— 

(A) except as otherwise provided in subparagraph (B), 


a physical or mental impairment that constitutes or results in a substantial impediment to employment; or 


(B) for purposes of sections 2, 14, and 15, and titles II, 


IV, V, and VII, the meaning given it in section 3 of the 


Americans with Disabilities Act of 1990 (42 U.S.C. 12102). 


(10) DRUG AND ILLEGAL USE OF DRUGS.— (A) DRUG.—The term ‘‘drug’’ means a controlled substance, as defined in schedules I through V of section 202 


of the Controlled Substances Act (21 U.S.C. 812). 


(B) ILLEGAL USE OF DRUGS.—The term ‘‘illegal use of 


drugs’’ means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances 


Act. Such term does not include the use of a drug taken 


under supervision by a licensed health care professional, 


or other uses authorized by the Controlled Substances Act 


or other provisions of Federal law. 


(11) EMPLOYMENT OUTCOME.—The term ‘‘employment outcome’’ means, with respect to an individual— 

(A) entering or retaining full-time or, if appropriate, 


part-time competitive employment in the integrated labor 


market; 


(B) satisfying the vocational outcome of supported employment; or 


(C) satisfying any other vocational outcome the Secretary of Education may determine to be appropriate (including satisfying the vocational outcome of customized 


employment, self-employment, telecommuting, or business 


ownership), 


in a manner consistent with this Act. 

(12) ESTABLISHMENT OF A COMMUNITY REHABILITATION 

PROGRAM.—The term ‘‘establishment of a community rehabilitation program’’ includes the acquisition, expansion, remodeling, or alteration of existing buildings necessary to adapt 

them to community rehabilitation program purposes or to increase their effectiveness for such purposes (subject, however, 

to such limitations as the Secretary of Education may determine, in accordance with regulations the Secretary of EduAs Amended Through P.L. 114-95, Enacted December 10, 2015 

 

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Sec. 7 REHABILITATION ACT OF 1973 12 

January 7, 2016 

cation shall prescribe, in order to prevent impairment of the 

objectives of, or duplication of, other Federal laws providing 

Federal assistance in the construction of facilities for community rehabilitation programs), and may include such additional 

equipment and staffing as the Commissioner considers appropriate. 

(13) EXTENDED SERVICES.—The term ‘‘extended services’’ 

means ongoing support services and other appropriate services, 

needed to support and maintain an individual with a most significant disability in supported employment, that— 

(A) are provided singly or in combination and are organized and made available in such a way as to assist an 


eligible individual in maintaining supported employment; 


(B) are based on a determination of the needs of an eligible individual, as specified in an individualized plan for 


employment; and 


(C) are provided by a State agency, a nonprofit private 


organization, employer, or any other appropriate resource, 


after an individual has made the transition from support 


provided by the designated State unit. 


(14) FEDERAL SHARE.— (A) IN GENERAL.—Subject to subparagraph (B), the 


term ‘‘Federal share’’ means 78.7 percent. 


(B) EXCEPTION.—The term ‘‘Federal share’’ means the 


share specifically set forth in section 111(a)(3), except that 


with respect to payments pursuant to part B of title I to 


any State that 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 111(a)(3) applicable with respect to the State. 


(C) RELATIONSHIP TO EXPENDITURES BY A POLITICAL
 

SUBDIVISION.—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 of Education 


shall by regulation prescribe. 


(15) GOVERNOR.—The term ‘‘Governor’’ means a chief 

executive officer of a State. 

(16) IMPARTIAL HEARING OFFICER.— 

(A) IN GENERAL.—The term ‘‘impartial hearing officer’’ 


means an individual— 


(i) who is not an employee of a public agency 

(other than an administrative law judge, hearing examiner, or employee of an institution of higher education); 

(ii) who is not a member of the State Rehabilitation Council described in section 105; 

(iii) who has not been involved previously in the 

vocational rehabilitation of the applicant or eligible individual; 

(iv) who has knowledge of the delivery of vocational rehabilitation services, the State plan under 

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13 REHABILITATION ACT OF 1973 Sec. 7 

January 7, 2016 

section 101, and the Federal and State rules governing 

the provision of such services and training with respect to the performance of official duties; and 

(v) who has no personal or financial interest that 

would be in conflict with the objectivity of the individual. 

(B) CONSTRUCTION.—An individual shall not be considered to be an employee of a public agency for purposes of 


subparagraph (A)(i) solely because the individual is paid 


by the agency to serve as a hearing officer. 


(17) INDEPENDENT LIVING CORE SERVICES.—The term 

‘‘independent living core services’’ means— 

(A) information and referral services; 

(B) independent living skills training; 

(C) peer counseling (including cross-disability peer 


counseling); 


(D) individual and systems advocacy; and 

(E) services that— 

(i) facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, 

with the requisite supports and services; 

(ii) provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and 

(iii) facilitate the transition of youth who are individuals with significant disabilities, who were eligible 

for individualized education programs under section 

614(d) of the Individuals with Disabilities Education 

Act (20 U.S.C. 1414(d)), and who have completed their 

secondary education or otherwise left school, to postsecondary life. 

(18) INDEPENDENT LIVING SERVICES.—The term ‘‘independent living services’’ includes— 

(A) independent living core services; and 

(B)(i) counseling services, including psychological, psychotherapeutic, and related services; 


(ii) services related to securing housing or shelter, including services related to community group living, and 


supportive of the purposes of this Act and of the titles of 


this Act, and adaptive housing services (including appropriate accommodations to and modifications of any space 


used to serve, or occupied by, individuals with disabilities); 


(iii) rehabilitation technology; 

(iv) mobility training; 

(v) services and training for individuals with cognitive 


and sensory disabilities, including life skills training, and 


interpreter and reader services; 


(vi) personal assistance services, including attendant 


care and the training of personnel providing such services; 


(vii) surveys, directories, and other activities to identify appropriate housing, recreation opportunities, and accessible transportation, and other support services; 


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Sec. 7 REHABILITATION ACT OF 1973 14 

(viii) consumer information programs on rehabilitation 

and independent living services available under this Act, 

especially for minorities and other individuals with disabilities who have traditionally been unserved or underserved 

by programs under this Act; 

(ix) education and training necessary for living in a 

community and participating in community activities; 

(x) supported living; 

(xi) transportation, including referral and assistance 

for such transportation and training in the use of public 

transportation vehicles and systems; 

(xii) physical rehabilitation; 

(xiii) therapeutic treatment; 

(xiv) provision of needed prostheses and other appliances and devices; 

(xv) individual and group social and recreational services; 

(xvi) training to develop skills specifically designed for 

youths who are individuals with disabilities to promote 

self-awareness and esteem, develop advocacy and self-empowerment skills, and explore career options; 

(xvii) services for children; 

(xviii) services under other Federal, State, or local programs designed to provide resources, training, counseling, 

or other assistance, of substantial benefit in enhancing the 

independence, productivity, and quality of life of individuals with disabilities; 

(xix) appropriate preventive services to decrease the 

need of individuals assisted under this Act for similar 

services in the future; 

(xx) community awareness programs to enhance the 

understanding and integration into society of individuals 

with disabilities; and 

(xxi) such other services as may be necessary and not 

inconsistent with the provisions of this Act. 

(19) INDIAN; AMERICAN INDIAN; INDIAN AMERICAN; INDIAN 

TRIBE.— 

(A) IN GENERAL.—The terms ‘‘Indian’’, ‘‘American Indian’’, and ‘‘Indian American’’ mean an individual who is 

a member of an Indian tribe and includes a Native and a 

descendant of a Native, as such terms are defined in subsections (b) and (r) of section 3 of the Alaska Native 

Claims Settlement Act (43 U.S.C. 1602). 

(B) INDIAN TRIBE.—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) and 

a tribal organization (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 

U.S.C. 450b(l))). 

(20) INDIVIDUAL WITH A DISABILITY.— 

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15 REHABILITATION ACT OF 1973 Sec. 7 

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(A) IN GENERAL.—Except as otherwise provided in subparagraph (B), the term ‘‘individual with a disability’’ 

means any individual who— 

(i) has a physical or mental impairment which for 


such individual constitutes or results in a substantial 


impediment to employment; and 


(ii) can benefit in terms of an employment outcome from vocational rehabilitation services provided 


pursuant to title I, III, or VI. 


(B) CERTAIN PROGRAMS; LIMITATIONS ON MAJOR LIFE 

ACTIVITIES.—Subject to subparagraphs (C), (D), (E), and 

(F), the term ‘‘individual with a disability’’ means, for purposes of sections 2, 14, and 15, and titles II, IV, V, and VII 

of this Act, any person who has a disability as defined in 

section 3 of the Americans with Disabilities Act of 1990 (42 

U.S.C. 12102). 

(C) RIGHTS AND ADVOCACY PROVISIONS.— (i) IN GENERAL; EXCLUSION OF INDIVIDUALS ENGAG­ ING IN DRUG USE.—For purposes of title V, the term 


‘‘individual with a disability’’ does not include an individual who is currently engaging in the illegal use of 


drugs, when a covered entity acts on the basis of such 


use. 


(ii) EXCEPTION FOR INDIVIDUALS NO LONGER ENGAGING IN DRUG USE.—Nothing in clause (i) shall be 


construed to exclude as an individual with a disability 


an individual who— 


(I) has successfully completed a supervised 

drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise 

been rehabilitated successfully and is no longer 

engaging in such use; 

(II) is participating in a supervised rehabilitation program and is no longer engaging in such 

use; or 

(III) is erroneously regarded as engaging in 

such use, but is not engaging in such use; 


except that it shall not be a violation of this Act for 


a covered entity to adopt or administer reasonable 


policies or procedures, including but not limited to 


drug testing, designed to ensure that an individual described in subclause (I) or (II) is no longer engaging in 


the illegal use of drugs. 


(iii) EXCLUSION FOR CERTAIN SERVICES.—Notwithstanding clause (i), for purposes of programs and activities providing health services and services provided 


under titles I, II, and III, an individual shall not be 


excluded from the benefits of such programs or activities on the basis of his or her current illegal use of 


drugs if he or she is otherwise entitled to such services. 


(iv) DISCIPLINARY ACTION.—For purposes of programs and activities providing educational services, 


local educational agencies may take disciplinary action 


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Sec. 7 REHABILITATION ACT OF 1973 16 

pertaining to the use or possession of illegal drugs or 

alcohol against any student who is an individual with 

a disability and who currently is engaging in the illegal use of drugs or in the use of alcohol to the same 

extent that such disciplinary action is taken against 

students who are not individuals with disabilities. 

Furthermore, the due process procedures at section 

104.36 of title 34, Code of Federal Regulations (or any 

corresponding similar regulation or ruling) shall not 

apply to such disciplinary actions. 

(v) EMPLOYMENT; EXCLUSION OF ALCOHOLICS.—For 

purposes of sections 503 and 504 as such sections relate to employment, the term ‘‘individual with a disability’’ does not include any individual who is an alcoholic whose current use of alcohol prevents such individual from performing the duties of the job in question or whose employment, by reason of such current 

alcohol abuse, would constitute a direct threat to property or the safety of others. 

(D) EMPLOYMENT; EXCLUSION OF INDIVIDUALS WITH 

CERTAIN DISEASES OR INFECTIONS.—For the purposes of 

sections 503 and 504, as such sections relate to employment, such term does not include an individual who has a 

currently contagious disease or infection and who, by reason of such disease or infection, would constitute a direct 

threat to the health or safety of other individuals or who, 

by reason of the currently contagious disease or infection, 

is unable to perform the duties of the job. 

(E) RIGHTS PROVISIONS; EXCLUSION OF INDIVIDUALS ON 

BASIS OF HOMOSEXUALITY OR BISEXUALITY.—For the purposes of sections 501, 503, and 504— 

(i) for purposes of the application of subparagraph 

(B) to such sections, the term ‘‘impairment’’ does not 

include homosexuality or bisexuality; and 

(ii) therefore the term ‘‘individual with a disability’’ does not include an individual on the basis of 

homosexuality or bisexuality. 

(F) RIGHTS PROVISIONS; EXCLUSION OF INDIVIDUALS ON 

BASIS OF CERTAIN DISORDERS.—For the purposes of sections 

501, 503, and 504, the term ‘‘individual with a disability’’ 

does not include an individual on the basis of— 

(i) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; 

(ii) compulsive gambling, kleptomania, or pyromania; or 

(iii) psychoactive substance use disorders resulting 

from current illegal use of drugs. 

(G) INDIVIDUALS WITH DISABILITIES.—The term ‘‘individuals with disabilities’’ means more than one individual 

with a disability. 

(21) INDIVIDUAL WITH A SIGNIFICANT DISABILITY.— January 7, 2016 As Amended Through P.L. 114-95, Enacted December 10, 2015 

 

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17 REHABILITATION ACT OF 1973 Sec. 7 

January 7, 2016 

(A) IN GENERAL.—Except as provided in subparagraph 

(B) or (C), the term ‘‘individual with a significant disability’’ means an individual with a disability— 

(i) who has a severe physical or mental impairment 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 an employment outcome; 


(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, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, intellectual disability, 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 assessment for determining eligibility and 


vocational rehabilitation needs described in subparagraphs (A) and (B) of paragraph (2) to cause comparable substantial functional limitation. 


(B) INDEPENDENT LIVING SERVICES AND CENTERS FOR 

INDEPENDENT LIVING.—For purposes of title VII, the term 

‘‘individual with a significant disability’’ means an individual with a severe physical or mental impairment whose 

ability to function independently in the family or community or whose ability to obtain, maintain, or advance in 

employment is substantially limited and for whom the delivery of independent living services will improve the ability to function, continue functioning, or move toward functioning independently in the family or community or to 

continue in employment, respectively. 

(C) RESEARCH AND TRAINING.—For purposes of title II, 

the term ‘‘individual with a significant disability’’ includes 

an individual described in subparagraph (A) or (B). 

(D) INDIVIDUALS WITH SIGNIFICANT DISABILITIES.—The 

term ‘‘individuals with significant disabilities’’ means more 

than one individual with a significant disability. 

(E) INDIVIDUAL WITH A MOST SIGNIFICANT DISABILITY.— 

(i) IN GENERAL.—The term ‘‘individual with a most 


significant disability’’, used with respect to an individual in a State, means an individual with a significant disability who meets criteria established by the 


State under section 101(a)(5)(C). 


(ii) INDIVIDUALS WITH THE MOST SIGNIFICANT DIS-


ABILITIES.—The term ‘‘individuals with the most significant disabilities’’ means more than one individual 


with a most significant disability. 


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Sec. 7 REHABILITATION ACT OF 1973 18 

(22) INDIVIDUAL’S REPRESENTATIVE; APPLICANT’S REP- RESENTATIVE.—The terms ‘‘individual’s representative’’ and 

‘‘applicant’s representative’’ mean a parent, a family member, 

a guardian, an advocate, or an authorized representative of an 

individual or applicant, respectively. 

(23) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term in 

section 102 of the Higher Education Act of 1965. 

(24) LOCAL AGENCY.—The term ‘‘local agency’’ means an 

agency of a unit of general local government or of an Indian 

tribe (or combination of such units or tribes) which has an 

agreement with the designated State agency to conduct a vocational rehabilitation program under the supervision of such 

State agency in accordance with the State plan approved under 

section 101. Nothing in the preceding sentence of this paragraph or in section 101 shall be construed to prevent the local 

agency from arranging to utilize another local public or nonprofit agency to provide vocational rehabilitation services if 

such an arrangement is made part of the agreement specified 

in this paragraph. 

(25) LOCAL WORKFORCE DEVELOPMENT BOARD.—The term 

‘‘local workforce development board’’ means a local board, as 

defined in section 3 of the Workforce Innovation and Opportunity Act. 

(26) NONPROFIT.—The term ‘‘nonprofit’’, when used with 

respect to a community rehabilitation program, means a community rehabilitation program carried out by a corporation or 

association, no part of the net earnings of which inures, or may 

lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation 

under section 501(c)(3) of the Internal Revenue Code of 1986. 

(27) ONGOING SUPPORT SERVICES.—The term ‘‘ongoing support services’’ means services— 

(A) provided to individuals with the most significant 

disabilities; 

(B) provided, at a minimum, twice monthly— 

(i) to make an assessment, regarding the employment situation, at the worksite of each such individual 

in supported employment, or, under special circumstances, especially at the request of the client, off 

site; and 

(ii) based on the assessment, to provide for the coordination or provision of specific intensive services, at 

or away from the worksite, that are needed to maintain employment stability; and 

(C) consisting of— 

(i) a particularized assessment supplementary to 

the comprehensive assessment described in paragraph 

(2)(B); 

(ii) the provision of skilled job trainers who accompany the individual for intensive job skill training at 

the worksite; 

(iii) job development, job retention, and placement 

services; 

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19 REHABILITATION ACT OF 1973 Sec. 7 

(iv) social skills training; 

(v) regular observation or supervision of the individual; 

(vi) followup services such as regular contact with 

the employers, the individuals, the individuals’’ representatives, and other appropriate individuals, in 

order to reinforce and stabilize the job placement; 

(vii) facilitation of natural supports at the worksite; 

(viii) any other service identified in section 103; or 

(ix) a service similar to another service described 

in this subparagraph. 

(28) PERSONAL ASSISTANCE SERVICES.—The term ‘‘personal 

assistance services’’ means a range of services, provided by one 

or more persons, designed to assist an individual with a disability to perform daily living activities on or off the job that 

the individual would typically perform if the individual did not 

have a disability. Such services shall be designed to increase 

the individual’s control in life and ability to perform everyday 

activities on or off the job. 

(30) 3 PRE-EMPLOYMENT TRANSITION SERVICES.—The term 

‘‘pre-employment transition services’’ means services provided 

in accordance with section 113. 

(31) PUBLIC OR NONPROFIT.—The term ‘‘public or nonprofit’’, used with respect to an agency or organization, includes an Indian tribe. 

(32) REHABILITATION TECHNOLOGY.—The term ‘‘rehabilitation technology’’ means the systematic application of technologies, engineering methodologies, or scientific principles to 

meet the needs of and address the barriers confronted by individuals with disabilities in areas which include education, rehabilitation, employment, transportation, independent living, 

and recreation. The term includes rehabilitation engineering, 

assistive technology devices, and assistive technology services. 

(33) SECRETARY.—Unless where the context otherwise requires, the term ‘‘Secretary’’— 

(A) used in title I, III, IV, V, VI, or chapter 2 of title 

VII, means the Secretary of Education; and 

(B) used in title II or chapter 1 of title VII, means the 

Secretary of Health and Human Services. 

(34) STATE.—The term ‘‘State’’ includes, in addition to each 

of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States 

Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 

(35) STATE WORKFORCE DEVELOPMENT BOARD.—The term 

‘‘State workforce development board’’ means a State board, as 

defined in section 3 of the Workforce Innovation and Opportunity Act. 

(36) STATEWIDE WORKFORCE DEVELOPMENT SYSTEM.—The 

term ‘‘statewide workforce development system’’ means a work3 So in law. There is no paragraph (29). 

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Sec. 7 REHABILITATION ACT OF 1973 20 

January 7, 2016 

force development system, as defined in section 3 of the Workforce Innovation and Opportunity Act. 

(37) STUDENT WITH A DISABILITY.— (A) IN GENERAL.—The term ‘‘student with a disability’’ 


means an individual with a disability who— 


(i)(I)(aa) is not younger than the earliest age for 

the provision of transition services under section 

614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities 

Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)); or 

(bb) if the State involved elects to use a lower 

minimum age for receipt of pre-employment transition 

services under this Act, is not younger than that minimum age; and 

(II)(aa) is not older than 21 years of age; or 

(bb) if the State law for the State provides for a 

higher maximum age for receipt of services under the 

Individuals with Disabilities Education Act (20 U.S.C. 

1400 et seq.), is not older than that maximum age; 

and 

(ii)(I) is eligible for, and receiving, special education or related services under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et 

seq.); or 

(II) is an individual with a disability, for purposes 

of section 504. 

(B) STUDENTS WITH DISABILITIES.—The term ‘‘students 


with disabilities’’ means more than 1 student with a disability. 


(38) SUPPORTED EMPLOYMENT.—The term ‘‘supported employment’’ means competitive integrated employment, including customized employment, or employment in an integrated 

work setting in which individuals are working on a short-term 

basis toward competitive integrated employment, that is individualized and customized consistent with the strengths, abilities, interests, and informed choice of the individuals involved, 

for individuals with the most significant disabilities— 

(A)(i) for whom competitive integrated employment 


has not historically occurred; or 


(ii) for whom competitive integrated employment has 


been interrupted or intermittent as a result of a significant 


disability; and 


(B) who, because of the nature and severity of their 


disability, need intensive supported employment services 


and extended services after the transition described in 


paragraph (13)(C), in order to perform the work involved. 


(39) SUPPORTED EMPLOYMENT SERVICES.—The term ‘‘supported employment services’’ means ongoing support services, 

including customized employment, needed to support and 

maintain an individual with a most significant disability in 

supported employment, that— 

(A) are provided singly or in combination and are organized and made available in such a way as to assist an 


eligible individual to achieve competitive integrated employment; 


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21 REHABILITATION ACT OF 1973 Sec. 8 

(B) are based on a determination of the needs of an eligible individual, as specified in an individualized plan for 

employment; and 

(C) are provided by the designated State unit for a period of not more than 24 months, except that period may 

be extended, if necessary, in order to achieve the employment outcome identified in the individualized plan for employment. 

(40) VOCATIONAL REHABILITATION SERVICES.—The term 

‘‘vocational rehabilitation services’’ means those services identified in section 103 which are provided to individuals with disabilities under this Act. 

(41) WORKFORCE INVESTMENT ACTIVITIES.—The term 

‘‘workforce investment activities’’ means workforce investment 

activities, as defined in section 3 of the Workforce Innovation 

and Opportunity Act, that are carried out under that Act. 

(42) YOUTH WITH A DISABILITY.— 

(A) IN GENERAL.—The term ‘‘youth with a disability’’ 

means an individual with a disability who— 

(i) is not younger than 14 years of age; and 

(ii) is not older than 24 years of age. 

(B) YOUTH WITH DISABILITIES.—The term ‘‘youth with 

disabilities’’ means more than 1 youth with a disability. 

ø29 U.S.C. 705¿ 

ALLOTMENT PERCENTAGE 

SEC. 8. (a)(1) For purposes of section 110, the allotment percentage for any State shall be 100 per centum less that percentage 

which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United 

States, except that— 

(A) the allotment percentage shall in no case be more than 

75 per centum or less than 331⁄3 per centum; and 

(B) the allotment percentage for the District of Columbia, 

Puerto Rico, Guam, the Virgin Islands, American Samoa, and 

the Commonwealth of the Northern Mariana Islands shall be 

75 per centum. 

(2) The allotment percentages shall be promulgated by the Secretary of Education between October 1 and December 31 of each 

even-numbered year, on the basis of the average of the per capita 

incomes of the States and of the United States for the three most 

recent consecutive years for which satisfactory data are available 

from the Department of Commerce. Such promulgation shall be 

conclusive for each of the 2 fiscal years in the period beginning on 

the October 1 next succeeding such promulgation. 

(3) The term ‘‘United States’’ means (but only for purposes of 

this subsection) the 50 States and the District of Columbia. 

(b) The population of the several States and of the United 

States shall be determined on the basis of the most recent data 

available, to be furnished by the Department of Commerce by October 1 of the year preceding the fiscal year for which funds are appropriated pursuant to statutory authorizations. 

ø29 U.S.C. 706¿ 

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Sec. 10 REHABILITATION ACT OF 1973 22 

NONDUPLICATION 

SEC. 10. In determining the amount of any State’s Federal 

share of expenditures for planning, administration, and services incurred by it under a State plan approved in accordance with section 101, there shall be disregarded— 

(1) any portion of such expenditures which are financed by 

Federal funds provided under any other provision of law; and 

(2) the amount of any non-Federal funds required to be expended as a condition of receipt of such Federal funds. 

No payment may be made from funds provided under one provision 

of this Act relating to any cost with respect to which any payment 

is made under any other provision of this Act, except that this section shall not be construed to limit or reduce fees for services rendered by community rehabilitation programs. 

ø29 U.S.C. 707¿ 

APPLICATION OF OTHER LAWS 

SEC. 11. (a) The provisions of the Act of December 5, 1974 

(Public Law 93–510) and of title V of the Act of October 15, 1977 

(Public Law 95–134) shall not apply to the administration of the 

provisions of this Act or to the administration of any program or 

activity under this Act. 

(b) Section 501 of the Workforce Innovation and Opportunity 

Act shall apply, as specified in that section, to amendments to this 

Act that were made by the Workforce Innovation and Opportunity 

Act. 

ø29 U.S.C. 708¿ 

ADMINISTRATION OF THE ACT 

SEC. 12. (a) In carrying out the purposes of this Act, the Commissioner may— 

(1)(A) provide consultative services and technical assistance to public or nonprofit private agencies and organizations, 

including assistance to enable such agencies and organizations 

to facilitate meaningful and effective participation by individuals with disabilities in workforce investment activities; 

(B) 4 provide technical assistance to the designated 

State units on developing successful partnerships with 

local and multi-State businesses in an effort to increase 

the employment of individuals with disabilities; 

(C) provide technical assistance to providers and organizations on developing self-employment opportunities and 

outcomes for individuals with disabilities; and 

(D) provide technical assistance to entities carrying 

out community rehabilitation programs to build their internal capacity to provide individualized services and supports leading to competitive integrated employment, and to 

transition individuals with disabilities away from nonintegrated settings; 

4 Margins of subparagraphs (B)-(D) of paragraph (1) are so in law. 

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January 7, 2016 

23 REHABILITATION ACT OF 1973 Sec. 12 

(2) provide short-term training and technical instruction, 


including training for the personnel of community rehabilitation programs and other providers of services (including job 


coaches); 


(3) conduct special projects and demonstrations; 

(4) collect, prepare, publish, and disseminate special educational or informational materials, including reports of the 


projects for which funds are provided under this Act; and 


(5) provide monitoring and conduct evaluations. 

(b)(1) In carrying out the duties under this Act, the Commissioner may utilize the services and facilities of any agency of the 

Federal Government and of any other public or nonprofit agency or 

organization, in accordance with agreements between the Commissioner and the head thereof, and may pay therefor, in advance or 

by way of reimbursement, as may be provided in the agreement. 

(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. 

(c)(1) The Secretary of Education may promulgate such regulations as are considered appropriate to carry out the Commissioner’s 

duties under this Act. 

(2) In promulgating regulations to carry out this Act, the Secretary of Education shall promulgate only regulations that are necessary to administer and ensure compliance with the specific requirements of this Act. 

(d)(1) The Secretary of Education shall promulgate regulations 

regarding the requirements for the implementation of an order of 

selection for vocational rehabilitation services under section 

101(a)(5)(A) if such services cannot be provided to all eligible individuals with disabilities who apply for such services. 

(2) Not later than 180 days after the date of enactment of the 

Workforce Innovation and Opportunity Act, the Secretary of Education shall receive public comment and promulgate regulations to 

implement the amendments made by the Workforce Innovation and 

Opportunity Act. 

(e)(1) The Administrator of the Administration for Community 

Living (referred to in this subsection as the ‘‘Administrator’’) may 

carry out the authorities and shall carry out the responsibilities of 

the Commissioner described in paragraphs (1)(A) and (2) through 

(4) of subsection (a), and subsection (b), except that, for purposes 

of applying subsections (a) and (b), a reference in those subsections— 

(A) to facilitating meaningful and effective participation 


shall be considered to be a reference to facilitating meaningful 


and effective collaboration with independent living programs, 


and promoting a philosophy of independent living for individuals with disabilities in community activities; and 


(B) to training for personnel shall be considered to be a 


reference to training for the personnel of centers for independent living and Statewide Independent Living Councils. 


(2) The Secretary of Health and Human Services may carry out 

the authorities and shall carry out the responsibilities of the Secretary of Education described in subsections (c) and (d). 

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Sec. 13 REHABILITATION ACT OF 1973 24 

(f)(1) In subsections (a) through (d), a reference to ‘‘this Act’’ 

means a provision of this Act that the Secretary of Education has 

authority to carry out; and 

(2) In subsection (e), for purposes of applying subsections (a) 

through (d), a reference in those subsections to ‘‘this Act’’ means a 

provision of this Act that the Secretary of Health and Human Services has authority to carry out. 

(g) There are authorized to be appropriated to carry out this 

section such sums as may be necessary. 

ø29 U.S.C. 709¿ 

REPORTS 

SEC. 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)(1) 5 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 

section 116(d)(2) of the Workforce Innovation and Opportunity Act 

and that pertains to the employment of individuals with disabilities. 

(d) The Commissioner shall ensure that the report described in 

this section is made publicly available in a timely manner, including through electronic means, in order to inform the public about 

the administration and performance of programs under this Act. 

ø29 U.S.C. 710¿ 

EVALUATION 

SEC. 14. (a) For the purpose of improving program management and effectiveness, the Secretary of Education, 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 of Education shall establish and use standards for the evaluations required by this sub5 So in law. There is no paragraph (2) in subsection (c). 

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25 REHABILITATION ACT OF 1973 Sec. 14 

section. Such an evaluation shall be conducted by a person not immediately involved in the administration of the program evaluated. 

(b)(1) In carrying out evaluations under this section, the Secretary of Education shall obtain the opinions of program and 

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

(2) The Secretary of Education 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. 

(3) Such information as the Secretary of Education may determine to be necessary for purposes of the evaluations conducted 

under this section shall be made available upon request of the Secretary of Education, by the departments and agencies of the executive branch. 

(c)(1) To assess the linkages between vocational rehabilitation 

services and economic and noneconomic outcomes, the Secretary of 

Education 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. 

(d)(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 competitive integrated employment, and providing caseload management. 

(e)(1) The Secretary of Health and Human Services may carry 

out the authorities and shall carry out the responsibilities of the 

Secretary of Education described in subsections (a) and (b). 

(2) The Administrator of the Administration for Community 

Living may carry out the authorities and shall carry out the responsibilities of the Commissioner described in subsections (a) and 

(d)(1), except that, for purposes of applying those subsections, a reference in those subsections to exemplary practices shall be considered to be a reference to exemplary practices concerning independent living services and centers for independent living. 

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Sec. 15 REHABILITATION ACT OF 1973 26 

(f)(1) In subsections (a) through (d), a reference to ‘‘this Act’’ 

means a provision of this Act that the Secretary of Education has 

authority to carry out; and 

(2) In subsection (e), for purposes of applying subsections (a), 

(b), and (d), a reference in those subsections to ‘‘this Act’’ means a 

provision of this Act that the Secretary of Health and Human Services has authority to carry out. 

(g) There are authorized to be appropriated to carry out this 

section such sums as may be necessary. 


ø29 U.S.C. 711¿ 


INFORMATION CLEARINGHOUSE 

SEC. 15. (a) The Secretary of Education shall establish a central clearinghouse for information and resource availability for individuals with disabilities which shall provide information and 

data regarding— 

(1) the location, provision, and availability of services and 

programs for individuals with disabilities, including such information and data provided by State workforce development 

boards regarding such services and programs authorized under 

title I of such Act; 

(2) research and recent medical and scientific developments bearing on disabilities (and their prevention, amelioration, causes, and cures); and 

(3) the current numbers of individuals with disabilities 

and their needs. 

The clearinghouse shall also provide any other relevant information and data which the Secretary of Education considers appropriate. 

(b) The Commissioner may assist the Secretary of Education to 

develop within the Department of Education a coordinated system 

of information and data retrieval, which will have the capacity and 

responsibility to provide information regarding the information and 

data referred to in subsection (a) of this section to the Congress, 

public and private agencies and organizations, individuals with disabilities and their families, professionals in fields serving such individuals, and the general public. 

(c) The office established to carry out the provisions of this section shall be known as the ‘‘Office of Information and Resources for 

Individuals with Disabilities’’. 

(d) There are authorized to be appropriated to carry out this 

section such sums as may be necessary. 


ø29 U.S.C. 712¿ 


TRANSFER OF FUNDS 

SEC. 16. (a) Except as provided in subsection (b) of this section, 

no funds appropriated under this Act for any program or activity 

may be used for any purpose other than that for which the funds 

were specifically authorized. 

(b) No more than 1 percent of funds appropriated for discretionary grants, contracts, or cooperative agreements authorized by 

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27 REHABILITATION ACT OF 1973 Sec. 20 

els of experts to review applications for such grants, contracts, or 

cooperative agreements. 

ø29 U.S.C. 713¿ 

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. 

ø29 U.S.C. 714¿ 

REVIEW OF APPLICATIONS 

SEC. 18. Applications for grants in excess of $100,000 in the 

aggregate authorized to be funded under this Act, other than 

grants primarily for the purpose of conducting 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 daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382 of title 5, United 

States Code. 

ø29 U.S.C. 715¿ 

SEC. 19. CARRYOVER. 

(a) IN GENERAL.—Except as provided in subsection (b), and 

notwithstanding any other provision of law— 

(1) any funds appropriated for a fiscal year to carry out 


any grant program under part B of title I, section 509 (except 


as provided in section 509(b)), title VI, part B or C of chapter 


1 of title VII, or chapter 2 of title VII (except as provided in 


section 752(b)), including any funds reallotted under any such 


grant program, that are not obligated and expended by recipients prior to the beginning of the succeeding fiscal year; or 


(2) any amounts of program income, including reimbursement payments under the Social Security Act (42 U.S.C. 301 


et seq.), received by recipients under any grant program specified in paragraph (1) that are not obligated and expended by 


recipients prior to the beginning of the fiscal year succeeding 


the fiscal year in which such amounts were received, 


shall remain available for obligation and expenditure by such recipients during such succeeding fiscal year. 

(b) NON-FEDERAL SHARE.—Such funds shall remain available 

for obligation and expenditure by a recipient as provided in subsection (a) only to the extent that the recipient complied with any 

Federal share requirements applicable to the program for the fiscal 

year for which the funds were appropriated. 

ø29 U.S.C. 716¿ 

SEC. 20. CLIENT ASSISTANCE INFORMATION. 

All programs, including community rehabilitation programs, 

and projects, that provide services to individuals with disabilities 

under this Act shall advise such individuals who are applicants for 

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Sec. 21 REHABILITATION ACT OF 1973 28 

or recipients of the services, or the applicants’ representatives or 

individuals’ representatives, of the availability and purposes of the 

client assistance program under section 112, including information 

on means of seeking assistance under such program. 

ø29 U.S.C. 717¿ 

SEC. 21. TRADITIONALLY UNDERSERVED POPULATIONS. 

(a) FINDINGS.—With respect to the programs authorized in titles II through VII, the Congress finds as follows: 

(1) RACIAL PROFILE.—The demographic profile of America 

is rapidly changing. While the percentage increase from 2000 

to 2010 for white Americans was 9.7 percent, thepercentage increase for racial and ethnic minorities was much higher: 43.0 

percent for Latinos, 12.3 percent for African-Americans, and 

43.2 percent for Asian-Americans. 

(2) RATE OF DISABILITY.—Ethnic and racial minorities tend 

to have disabling conditions at a disproportionately high rate. 

In 2011— 

(A) among Americans ages 16 through 64, the rate of 

disability was 12.1 percent; 

(B) among African-Americans in that age range, the 

disability rate was more than twice as high, at 27.1 percent; and 

(C) for American Indians and Alaska Natives in the 

same age range, the disability rate was also more than 

twice as high, at 27.0 percent. 

(3) INEQUITABLE TREATMENT.—Patterns of inequitable 

treatment of minorities have been documented in all major 

junctures of the vocational rehabilitation process. As compared 

to white Americans, a larger percentage of African-American 

applicants to the vocational rehabilitation system is denied acceptance. Of applicants accepted for service, a larger percentage of African-American cases is closed without being rehabilitated. Minorities are provided less training than their white 

counterparts. Consistently, less money is spent on minorities 

than on their white counterparts. 

(4) RECRUITMENT.—Recruitment efforts within vocational 

rehabilitation at the level of preservice training, continuing 

education, and in-service training must focus on bringing larger numbers of minorities into the profession in order to provide 

appropriate practitioner knowledge, role models, and sufficient 

manpower to address the clearly changing demography of vocational rehabilitation. 

(b) OUTREACH TO MINORITIES.— 

(1) IN GENERAL.—For each fiscal year, the Commissioner 

and the Director of the National Institute on Disability, Independent Living, and Rehabilitation Research (referred to in 

this subsection as the ‘‘Director’’) shall reserve 1 percent of the 

funds appropriated for the fiscal year for programs authorized 

under titles II, III, VI, and VII to carry out this subsection. 

The Commissioner and the Director shall use the reserved 

funds to carry out one or more of the activities described in 

paragraph (2) through a grant, contract, or cooperative agreement. 

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January 7, 2016 

29 REHABILITATION ACT OF 1973 Sec. 100 

(2) ACTIVITIES.—The activities carried out by the Commissioner and the Director shall include one or more of the 


following: 


(A) Making awards to minority entities and Indian 

tribes to carry out activities under the programs authorized under titles II, III, VI, and VII. 

(B) Making awards to minority entities and Indian 

tribes to conduct research, training, technical assistance, 

or a related activity, to improve services provided under 

this Act, especially services provided to individuals from 

minority backgrounds. 

(C) Making awards to entities described in paragraph 

(3) to provide outreach and technical assistance to minority entities and Indian tribes to promote their participation 

in activities funded under this Act, including assistance to 

enhance their capacity to carry out such activities. 

(3) ELIGIBILITY.—To be eligible to receive an award under 


paragraph (2)(C), an entity shall be a State or a public or private nonprofit agency or organization, such as an institution of 


higher education or an Indian tribe. 


(4) REPORT.—In each fiscal year, the Commissioner and 


the Director shall prepare and submit to Congress a report 


that describes the activities funded under this subsection for 


the preceding fiscal year. 


(5) DEFINITIONS.—In this subsection: 

(A) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.— The term ‘‘historically Black college or university’’ means 

a part B institution, as defined in section 322(2) of the 

Higher Education Act of 1965 (20 U.S.C. 1061(2)). 

(B) MINORITY ENTITY.—The term ‘‘minority entity’’ 

means an entity that is a historically Black college or university, a Hispanic-serving institution of higher education, 

an American Indian tribal college or university, or another 

institution of higher education whose minority student enrollment is at least 50 percent. 

(c) DEMONSTRATION.—In awarding grants, or entering into contracts or cooperative agreements under titles I, II, III, VI, and VII, 

and section 509, the Commissioner and the Director of the National 

Institute on Disability, Independent Living, and Rehabilitation Research, in appropriate cases, shall require applicants to demonstrate how the applicants will address, in whole or in part, the 

needs of individuals with disabilities from minority backgrounds. 

ø29 U.S.C. 718¿ 

TITLE I—VOCATIONAL 


REHABILITATION SERVICES 


PART A—GENERAL PROVISIONS 

SEC. 100. DECLARATION OF POLICY; AUTHORIZATION OF APPROPRIATIONS. 

(a) FINDINGS; PURPOSE; POLICY.— 

(1) FINDINGS.—Congress finds that— 

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Sec. 100 REHABILITATION ACT OF 1973 30 

(A) work— 

(i) is a valued activity, both for individuals and society; and 

(ii) fulfills the need of an individual to be productive, promotes independence, enhances self-esteem, 

and allows for participation in the mainstream of life 

in the United States; 

(B) as a group, individuals with disabilities experience 

staggering levels of unemployment and poverty; 

(C) individuals with disabilities, including individuals 

with the most significant disabilities, have demonstrated 

their ability to achieve gainful employment in competitive 

integrated employment settings if appropriate services and 

supports are provided; 

(D) reasons for significant numbers of individuals with 

disabilities not working, or working at levels not commensurate with their abilities and capabilities, include— 

(i) discrimination; 

(ii) lack of accessible and available transportation; 

(iii) fear of losing health coverage under the Medicare and Medicaid programs carried out under titles 

XVIII and XIX of the Social Security Act (42 U.S.C. 

1395 et seq. and 1396 et seq.) or fear of losing private 

health insurance; and 

(iv) lack of education, training, and supports to 

meet job qualification standards necessary to secure, 

retain, regain, or advance in employment; 

(E) enforcement of title V and of the Americans with 

Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) holds the 

promise of ending discrimination for individuals with disabilities; 

(F) the provision of workforce development activities 

and vocational rehabilitation services can enable individuals with disabilities, including individuals with the most 

significant disabilities, to pursue meaningful careers by securing gainful employment commensurate with their abilities and capabilities; and 

(G) linkages between the vocational rehabilitation programs established under this title and other components of 

the statewide workforce development systems are critical 

to ensure effective and meaningful participation by individuals with disabilities in workforce development activities. 

(2) PURPOSE.—The purpose of this title is to assist States 

in operating statewide comprehensive, coordinated, effective, 

efficient, and accountable programs of vocational rehabilitation, each of which is— 

(A) an integral part of a statewide workforce development system; and 

(B) designed to assess, plan, develop, and provide vocational rehabilitation services for individuals with disabilities, consistent with their strengths, resources, priorities, 

concerns, abilities, capabilities, interests, informed choice, 

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31 REHABILITATION ACT OF 1973 Sec. 100 

January 7, 2016 

and economic self-sufficiency, so that such individuals may 


prepare for and engage in gainful employment. 


(3) POLICY.—It is the policy of the United States that such 

a program shall be carried out in a manner consistent with the 

following principles: 

(A) Individuals with disabilities, including individuals 


with the most significant disabilities, are generally presumed to be capable of engaging in gainful employment 


and the provision of individualized vocational rehabilitation services can improve their ability to become gainfully 


employed. 


(B) Individuals with disabilities must be provided the 


opportunities to obtain competitive integrated employment. 


(C) Individuals who are applicants for such programs 


or eligible to participate in such programs must be active 


and full partners in the vocational rehabilitation process, 


making meaningful and informed choices— 


(i) during assessments for determining eligibility 

and vocational rehabilitation needs; and 

(ii) in the selection of employment outcomes for 

the individuals, services needed to achieve the outcomes, entities providing such services, and the methods used to secure such services. 

(D) Families and other natural supports can play important roles in the success of a vocational rehabilitation 


program, if the individual with a disability involved requests, desires, or needs such supports. 


(E) Vocational rehabilitation counselors that are 


trained and prepared in accordance with State policies and 


procedures as described in section 101(a)(7)(B) (referred to 


individually in this title as a ‘‘qualified vocational rehabilitation counselor’’), other qualified rehabilitation personnel, 


and other qualified personnel should facilitate the accomplishment of the employment outcomes and objectives of 


an individual. 


(F) Individuals with disabilities and the individuals’ 


representatives are full partners in a vocational rehabilitation program and must be involved on a regular basis and 


in a meaningful manner with respect to policy development and implementation. 


(G) Accountability measures must facilitate the accomplishment of the goals and objectives of the program, including providing vocational rehabilitation services to, 


among others, individuals with the most significant disabilities. 


(b) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—For the purpose of making grants to 

States under part B to assist States in meeting the costs of vocational rehabilitation services provided in accordance with 

State plans under section 101, there are authorized to be appropriated $3,302,053,000 for each of the fiscal years 2015 

through 2020, except that the amount to be appropriated for 

a fiscal year shall not be less than the amount of the appropriation under this paragraph for the immediately preceding 

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Sec. 100 REHABILITATION ACT OF 1973 32 

January 7, 2016 

fiscal year, increased by the percentage change in the Consumer Price Index determined under subsection (c) for the immediately preceding fiscal year. 

(2) REFERENCE.—The reference in paragraph (1) to grants 

to States under part B shall not be considered to refer to 

grants under section 112. 

(c) CONSUMER PRICE INDEX.— (1) PERCENTAGE CHANGE.—No later than November 15 of 

each fiscal year (beginning with fiscal year 1979), the Secretary 

of Labor shall publish in the Federal Register the percentage 

change in the Consumer Price Index published for October of 

the preceding fiscal year and October of the fiscal year in 

which such publication is made. 

(2) APPLICATION.— (A) INCREASE.—If in any fiscal year the percentage 


change published under paragraph (1) indicates an increase in the Consumer Price Index, then the amount to 


be appropriated under subsection (b)(1) for the subsequent 


fiscal year shall be at least the amount appropriated under 


subsection (b)(1) for the fiscal year in which the publication is made under paragraph (1) increased by such percentage change. 


(B) NO INCREASE OR DECREASE.—If in any fiscal year 


the percentage change published under paragraph (1) does 


not indicate an increase in the Consumer Price Index, then 


the amount to be appropriated under subsection (b)(1) for 


the subsequent fiscal year shall be at least the amount appropriated under subsection (b)(1) for the fiscal year in 


which the publication is made under paragraph (1). 


(3) DEFINITION.—For purposes of this section, the term 

‘‘Consumer Price Index’’ means the Consumer Price Index for 

All Urban Consumers, published monthly by the Bureau of 

Labor Statistics. 

(d) EXTENSION.— 

(1) IN GENERAL.— 

(A) AUTHORIZATION OR DURATION OF PROGRAM.—Unless the Congress in the regular session which ends prior 


to the beginning of the terminal fiscal year— 


(i) of the authorization of appropriations for the 

program authorized by the State grant program under 

part B of this title; or 

(ii) of the duration of the program authorized by 

the State grant program under part B of this title; 


has passed legislation which would have the effect of extending the authorization or duration (as the case may be) 


of such program, such authorization or duration is automatically extended for 1 additional year for the program 


authorized by this title. 


(B) CALCULATION.—The amount authorized to be appropriated for the additional fiscal year described in subparagraph (A) shall be an amount equal to the amount appropriated for such program for fiscal year 2003, increased 


by the percentage change in the Consumer Price Index determined under subsection (c) for the immediately pre-


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33 REHABILITATION ACT OF 1973 Sec. 101 

ceding fiscal year, if the percentage change indicates an increase. 

(2) CONSTRUCTION.— 

(A) PASSAGE OF LEGISLATION.—For the purposes of 

paragraph (1)(A), Congress shall not be deemed to have 

passed legislation unless such legislation becomes law. 

(B) ACTS OR DETERMINATIONS OF COMMISSIONER.—In 

any case where the Commissioner is required under an applicable statute to carry out certain acts or make certain 

determinations which are necessary for the continuation of 

the program authorized by this title, if such acts or determinations are required during the terminal year of such 

program, such acts and determinations shall be required 

during any fiscal year in which the extension described in 

that part of paragraph (1) that follows clause (ii) of paragraph (1)(A) is in effect. 

ø29 U.S.C. 720¿ 

SEC. 101. STATE PLANS. 

(a) PLAN REQUIREMENTS.— 

(1) IN GENERAL.— 

(A) SUBMISSION.—To be eligible to receive funds under 

this title for a fiscal year, a State shall submit, and have 

approved by the Secretary and the Secretary of Labor, a 

unified State plan in accordance with section 102, or a 

combined State plan in accordance with section 103, of the 

Workforce Innovation and Opportunity Act. The unified or 

combined State plan shall include, in the portion of the 

plan described in section 102(b)(2)(D) of such Act (referred 

to in this subsection as the ‘‘vocational rehabilitation services portion’’), the provisions of a State plan for vocational 

rehabilitation services, described in this subsection. 

(B) NONDUPLICATION.—The State shall not be required 

to submit, as part of the vocational rehabilitation services 

portion of the unified or combined State plan submitted in 

accordance with subparagraph (A), policies, procedures, or 

descriptions required under this title that have been previously submitted to the Commissioner and that demonstrate that such State meets the requirements of this 

title, including any policies, procedures, or descriptions 

submitted under this title as in effect on the day before the 

effective date of the Workforce Innovation and Opportunity 

Act. 

(C) DURATION.—The vocational rehabilitation services 

portion of the unified or combined State plan submitted in 

accordance with subparagraph (A) shall remain in effect 

until the State submits and receives approval of a new 

State plan in accordance with subparagraph (A), or until 

the submission of such modifications as the State determines to be necessary or as the Commissioner may require 

based on a change in State policy, a change in Federal law 

(including regulations), an interpretation of this Act by a 

Federal court or the highest court of the State, or a finding 

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Sec. 101 REHABILITATION ACT OF 1973 34 

January 7, 2016 

by the Commissioner of State noncompliance with the requirements of this Act. 

(2) DESIGNATED STATE AGENCY; DESIGNATED STATE UNIT.— (A) DESIGNATED STATE AGENCY.—The State plan for 

vocational rehabilitation services shall designate a State 

agency as the sole State agency to administer the plan, or 

to supervise the administration of the plan by a local agency, except that— 

(i) where, under State law, the State agency for 


individuals who are blind or another agency that provides assistance or services to adults who are blind is 


authorized to provide vocational rehabilitation services 


to individuals who are blind, that agency may be designated as the sole State agency to administer the 


part of the plan under which vocational rehabilitation 


services are provided for individuals who are blind (or 


to supervise the administration of such part by a local 


agency) and a separate State agency may be designated as the sole State agency to administer or supervise the administration of the rest of the State 


plan; 


(ii) the Commissioner, on the request of a State, 


may authorize the designated State agency to share 


funding and administrative responsibility with another agency of the State or with a local agency in 


order to permit the agencies to carry out a joint program to provide services to individuals with disabilities, and may waive compliance, with respect to vocational rehabilitation services furnished under the joint 


program, with the requirement of paragraph (4) that 


the plan be in effect in all political subdivisions of the 


State; and 


(iii) in the case of American Samoa, the appropriate State agency shall be the Governor of American 


Samoa. 


(B) DESIGNATED STATE UNIT.—The State agency designated under subparagraph (A) shall be— 

(i) a State agency primarily concerned with vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities; or 


(ii) if not such an agency, the State agency (or 


each State agency if 2 are so designated) shall include 


a vocational rehabilitation bureau, division, or other 


organizational unit that— 


(I) is primarily concerned with vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities, and is responsible for the vocational rehabilitation program 

of the designated State agency; 

(II) has a full-time director who is responsible 

for the day-to-day operation of the vocational rehabilitation program; 

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35 REHABILITATION ACT OF 1973 Sec. 101 

stantially all of whom are employed full time on 

such work; 

(IV) is located at an organizational level and 

has an organizational status within the designated State agency comparable to that of other 

major organizational units of the designated State 

agency; and 

(V) has the sole authority and responsibility 

within the designated State agency described in 

subparagraph (A) to expend funds made available 

under this title in a manner that is consistent 

with the purposes of this title. 

(C) RESPONSIBILITY FOR SERVICES FOR THE BLIND.—If 

the State has designated only 1 State agency pursuant to 

subparagraph (A), the State may assign responsibility for 

the part of the plan under which vocational rehabilitation 

services are provided for individuals who are blind to an 

organizational unit of the designated State agency and assign responsibility for the rest of the plan to another organizational unit of the designated State agency, with the 

provisions of subparagraph (B) applying separately to each 

of the designated State units. 

(3) NON-FEDERAL SHARE.—The State plan shall provide for 

financial participation by the State, or if the State so elects, by 

the State and local agencies, to provide the amount of the nonFederal share of the cost of carrying out part B. 

(4) STATEWIDENESS.—The State plan shall provide that the 

plan shall be in effect in all political subdivisions of the State, 

except that— 

(A) in the case of any activity that, in the judgment of 

the Commissioner, is likely to assist in promoting the vocational rehabilitation of substantially larger numbers of individuals with disabilities or groups of individuals with 

disabilities, the Commissioner may waive compliance with 

the requirement that the plan be in effect in all political 

subdivisions of the State to the extent and for such period 

as may be provided in accordance with regulations prescribed by the Commissioner, but only if the non-Federal 

share of the cost of the vocational rehabilitation services 

involved is met from funds made available by a local agency (including funds contributed to such agency by a private 

agency, organization, or individual); and 

(B) in a case in which earmarked funds are used toward the non-Federal share and such funds are earmarked 

for particular geographic areas within the State, the earmarked funds may be used in such areas if the State notifies the Commissioner that the State cannot provide the 

full non-Federal share without such funds. 

(5) ORDER OF SELECTION FOR VOCATIONAL REHABILITATION 

SERVICES.—In the event that vocational rehabilitation services 

cannot be provided to all eligible individuals with disabilities 

in the State who apply for the services, the State plan shall— 

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Sec. 101 REHABILITATION ACT OF 1973 36 

January 7, 2016 

(A) show the order to be followed in selecting eligible 


individuals to be provided vocational rehabilitation services; 


(B) provide the justification for the order of selection; 

(C) include an assurance that, in accordance with criteria established by the State for the order of selection, individuals with the most significant disabilities will be selected first for the provision of vocational rehabilitation 


services; 


(D) notwithstanding subparagraph (C), permit the 


State, in its discretion, to elect to serve eligible individuals 


(whether or not receiving vocational rehabilitation services) who require specific services or equipment to maintain employment; and 


(E) provide that eligible individuals, who do not meet 


the order of selection criteria, shall have access to services 


provided through the information and referral system implemented under paragraph (20). 


(6) METHODS FOR ADMINISTRATION.— (A) IN GENERAL.—The State plan shall provide for 


such methods of administration as are found by the Commissioner to be necessary for the proper and efficient administration of the plan. 


(B) EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.— 


The State plan shall provide that the designated State 


agency, and entities carrying out community rehabilitation 


programs in the State, who are in receipt of assistance 


under this title shall take affirmative action to employ and 


advance in employment qualified individuals with disabilities covered under, and on the same terms and conditions 


as set forth in, section 503. 


(C) FACILITIES.—The State plan shall provide that facilities used in connection with the delivery of services assisted under the State plan shall comply with the Act entitled ‘‘An Act to insure that certain buildings financed with 


Federal funds are so designed and constructed as to be accessible to the physically handicapped’’, approved on August 12, 1968 (commonly known as the ‘‘Architectural Barriers Act of 1968’’), with section 504, and with the Americans with Disabilities Act of 1990. 


(7) COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT.—The State plan shall— 

(A) include a description (consistent with the purposes 


of this Act) of a comprehensive system of personnel development, which shall include— 


(i) a description of the procedures and activities 

the designated State agency will undertake to ensure 

an adequate supply of qualified State rehabilitation 

professionals and paraprofessionals for the designated 

State unit, including the development and maintenance of a system for determining, on an annual 

basis— 

(I) the number and type of personnel that are 

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37 REHABILITATION ACT OF 1973 Sec. 101 

January 7, 2016 

vision of vocational rehabilitation services, including ratios of qualified vocational rehabilitation 


counselors to clients; and 


(II) the number and type of personnel needed 


by the State, and a projection of the numbers of 


such personnel that will be needed in 5 years, 


based on projections of the number of individuals 


to be served, the number of such personnel who 


are expected to retire or leave the vocational rehabilitation field, and other relevant factors; 


(ii) where appropriate, a description of the manner 

in which activities will be undertaken under this section to coordinate the system of personnel development with personnel development activities under the 

Individuals with Disabilities Education Act (20 U.S.C. 

1400 et seq.); 

(iii) a description of the development and maintenance of a system of determining, on an annual basis, 

information on the programs of institutions of higher 

education within the State that are preparing rehabilitation professionals, including— 

(I) the numbers of students enrolled in such 


programs; and 


(II) the number of such students who graduated with certification or licensure, or with credentials to qualify for certification or licensure, as 


a rehabilitation professional during the past year; 


(iv) a description of the development, updating, 

and implementation of a plan that— 

(I) will address the current and projected vocational rehabilitation services personnel training 


needs for the designated State unit; and 


(II) provides for the coordination and facilitation of efforts between the designated State unit, 


institutions of higher education, and professional 


associations to recruit, prepare, and retain qualified personnel, including personnel from minority 


backgrounds, and personnel who are individuals 


with disabilities; and 


(v) a description of the procedures and activities 

the designated State agency will undertake to ensure 

that all personnel employed by the designated State 

unit are appropriately and adequately trained and 

prepared, including— 

(I) a system for the continuing education of 


rehabilitation professionals and paraprofessionals 


within the designated State unit, particularly with 


respect to rehabilitation technology, including 


training implemented in coordination with entities 


carrying out State programs under section 4 of the 


Assistive Technology Act of 1998 (29 U.S.C. 3003); 


and 


(II) procedures for acquiring and disseminating to rehabilitation professionals and para-


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Sec. 101 REHABILITATION ACT OF 1973 38 

January 7, 2016 

professionals within the designated State unit significant knowledge from research and other 

sources, including procedures for providing training regarding the amendments to this Act made 

by the Workforce Innovation and Opportunity Act; 

(B) set forth policies and procedures relating to the establishment and maintenance of standards to ensure that 

personnel, including rehabilitation professionals and paraprofessionals, needed within the designated State unit to 

carry out this part are appropriately and adequately prepared and trained, including— 

(i) the establishment and maintenance of standards that are consistent with any national or State approved or recognized certification, licensing, registration, or other comparable requirements that apply to 


the area in which such personnel are providing vocational rehabilitation services; and 


(ii) the establishment and maintenance of education and experience requirements, to ensure that the 


personnel have a 21st century understanding of the 


evolving labor force and the needs of individuals with 


disabilities, including requirements for— 


(I)(aa) attainment of a baccalaureate degree 

in a field of study reasonably related to vocational 

rehabilitation, to indicate a level of competency 

and skill demonstrating basic preparation in a 

field of study such as vocational rehabilitation 

counseling, social work, psychology, disability 

studies, business administration, human resources, special education, supported employment, 

customized employment, economics, or another 

field that reasonably prepares individuals to work 

with consumers and employers; and 

(bb) demonstrated paid or unpaid experience, 

for not less than 1 year, consisting of— 

(AA) direct work with individuals with 

disabilities in a setting such as an independent living center; 

(BB) direct service or advocacy activities 

that provide such individual with experience 

and skills in working with individuals with 

disabilities; or 

(CC) direct experience as an employer, as 

a small business owner or operator, or in selfemployment, or other experience in human resources, recruitment, or experience in supervising employees, training, or other activities 

that provide experience in competitive integrated employment environments; or 

(II) attainment of a master’s or doctoral degree in a field of study such as vocational rehabilitation counseling, law, social work, psychology, 

disability studies, business administration, human 

resources, special education, management, public 

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39 REHABILITATION ACT OF 1973 Sec. 101 

administration, or another field that reasonably 

provides competence in the employment sector, in 

a disability field, or in both business-related and 

rehabilitation-related fields; and 

(C) contain provisions relating to the establishment 

and maintenance of minimum standards to ensure the 

availability of personnel within the designated State unit, 

to the maximum extent feasible, trained to communicate 

in the native language or mode of communication of an applicant or eligible individual. 

(8) COMPARABLE SERVICES AND BENEFITS.— 

(A) DETERMINATION OF AVAILABILITY.— 

(i) IN GENERAL.—The State plan shall include an 

assurance that, prior to providing an accommodation 

or auxiliary aid or service or any vocational rehabilitation service to an eligible individual, except those services specified in paragraph (5)(E) and in paragraphs 

(1) through (4) and (14) of section 103(a), the designated State unit will determine whether comparable 

services and benefits are available under any other 

program (other than a program carried out under this 

title) unless such a determination would interrupt or 

delay— 

(I) the progress of the individual toward 

achieving the employment outcome identified in 

the individualized plan for employment of the individual in accordance with section 102(b); 

(II) an immediate job placement; or 

(III) the provision of such service to any individual at extreme medical risk. 

(ii) AWARDS AND SCHOLARSHIPS.—For purposes of 

clause (i), comparable benefits do not include awards 

and scholarships based on merit. 

(B) INTERAGENCY AGREEMENT.—The State plan shall 

include an assurance that the Governor of the State, in 

consultation with the entity in the State responsible for 

the vocational rehabilitation program and other appropriate agencies, will ensure that an interagency agreement 

or other mechanism for interagency coordination takes effect between any appropriate public entity, including the 

State entity responsible for administering the State Medicaid program, a public institution of higher education, and 

a component of the statewide workforce development system, and the designated State unit, in order to ensure the 

provision of vocational rehabilitation services described in 

subparagraph (A) (other than those services specified in 

paragraph (5)(E), and in paragraphs (1) through (4) and 

(14) of section 103(a)), and, if appropriate, accommodations 

or auxiliary aids and services, that are included in the individualized plan for employment of an eligible individual, 

including the provision of such vocational rehabilitation 

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Sec. 101 REHABILITATION ACT OF 1973 40 

pute described in clause (iii). Such agreement or mechanism shall include the following: 

(i) AGENCY FINANCIAL RESPONSIBILITY.—An identification of, or a description of a method for defining, 

the financial responsibility of such public entity for 

providing such services, and a provision stating the financial responsibility of such public entity for providing such services. 

(ii) CONDITIONS, TERMS, AND PROCEDURES OF REIMBURSEMENT.—Information specifying the conditions, 

terms, and procedures under which a designated State 

unit shall be reimbursed by other public entities for 

providing such services, based on the provisions of 

such agreement or mechanism. 

(iii) INTERAGENCY DISPUTES.—Information specifying procedures for resolving interagency disputes 

under the agreement or other mechanism (including 

procedures under which the designated State unit may 

initiate proceedings to secure reimbursement from 

other public entities or otherwise implement the provisions of the agreement or mechanism). 

(iv) COORDINATION OF SERVICES PROCEDURES.—Information specifying policies and procedures for public 

entities to determine and identify the interagency coordination responsibilities of each public entity to promote the coordination and timely delivery of vocational rehabilitation services (except those services 

specified in paragraph (5)(E) and in paragraphs (1) 

through (4) and (14) of section 103(a)), and accommodations or auxiliary aids and services. 

(C) RESPONSIBILITIES OF OTHER PUBLIC ENTITIES.— 

(i) RESPONSIBILITIES UNDER OTHER LAW.—Notwithstanding subparagraph (B), if any public entity 

other than a designated State unit is obligated under 

Federal or State law, or assigned responsibility under 

State policy or under this paragraph, to provide or pay 

for any services that are also considered to be vocational rehabilitation services (other than those specified in paragraph (5)(E) and in paragraphs (1) through 

(4) and (14) of section 103(a)), such public entity shall 

fulfill that obligation or responsibility, either directly 

or by contract or other arrangement. 

(ii) REIMBURSEMENT.—If a public entity other 

than the designated State unit fails to provide or pay 

for the services described in clause (i) for an eligible 

individual, the designated State unit shall provide or 

pay for such services to the individual. Such designated State unit may claim reimbursement for the 

services from the public entity that failed to provide or 

pay for such services. Such public entity shall reimburse the designated State unit pursuant to the terms 

of the interagency agreement or other mechanism described in this paragraph according to the procedures 

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41 REHABILITATION ACT OF 1973 Sec. 101 

established in such agreement or mechanism pursuant 

to subparagraph (B)(ii). 

(D) METHODS.—The Governor of a State may meet the 

requirements of subparagraph (B) through— 

(i) a State statute or regulation; 

(ii) a signed agreement between the respective officials of the public entities that clearly identifies the 

responsibilities of each public entity relating to the 

provision of services; or 

(iii) another appropriate method, as determined by 

the designated State unit. 

(9) INDIVIDUALIZED PLAN FOR EMPLOYMENT.— 

(A) DEVELOPMENT AND IMPLEMENTATION.—The State 

plan shall include an assurance that an individualized 

plan for employment meeting the requirements of section 

102(b) will be developed and implemented in a timely 

manner for an individual subsequent to the determination 

of the eligibility of the individual for services under this 

title, except that in a State operating under an order of selection described in paragraph (5), the plan will be developed and implemented only for individuals meeting the 

order of selection criteria of the State. 

(B) PROVISION OF SERVICES.—The State plan shall include an assurance that such services will be provided in 

accordance with the provisions of the individualized plan 

for employment. 

(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 of information, on eligible individuals receiving the services, that is necessary to assess the 

State’s performance on the standards and indicators described in section 106(a) 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, from each State, 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 the 

number of individuals determined to be ineligible 

(disaggregated by type of disability and age); 

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

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Sec. 101 REHABILITATION ACT OF 1973 42 

January 7, 2016 

(I) the number who received services under 


paragraph (5)(E), 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); 


(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); 


(IV) the number of individuals with open 


cases (disaggregated by those who are receiving 


training and those who are in postsecondary education), and the type of services the individuals 


are receiving (including supported employment); 


(V) the number of students with disabilities 


who are receiving pre-employment transition services under this title: and 


(VI) the number of individuals referred to 


State vocational rehabilitation programs by one-


stop operators (as defined in section 3 of the 


Workforce Innovation and Opportunity Act), and 


the number of individuals referred to such one-


stop operators by State vocational rehabilitation 


programs; 


(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 


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43 REHABILITATION ACT OF 1973 Sec. 101 

January 7, 2016 

receiving vocational rehabilitation services and, 

for those who achieved employment outcomes, the 

average length of time to obtain employment; 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 Innovation and Opportunity 


Act 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; 

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Sec. 101 REHABILITATION ACT OF 1973 44 

January 7, 2016 

(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 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. 

(G) RULES FOR REPORTING OF DATA.—The 

disaggregation of data under this Act shall not be required 

within a category if the number of individuals in a category is insufficient to yield statistically reliable information, or if the results would reveal personally identifiable 

information about an individual. 

(H) COMPREHENSIVE REPORT.—The State plan shall 

specify that the Commissioner will provide an annual comprehensive report that includes the reports and data required under this section, as well as a summary of the reports and data, for each fiscal year. The Commissioner 

shall submit the report to the Committee on Education 

and the Workforce of the House of Representatives, the 

Committee on Appropriations of the House of Representatives, the Committee on Health, Education, Labor, and 

Pensions of the Senate, and the Committee on Appropriations of the Senate, not later than 90 days after the end 

of the fiscal year involved. 

(11) COOPERATION, COLLABORATION, AND COORDINATION.— 

(A) COOPERATIVE AGREEMENTS WITH OTHER COMPONENTS OF STATEWIDE WORKFORCE DEVELOPMENT SYSTEMS.—The State plan shall provide that the designated 

State unit or designated State agency shall enter into a cooperative agreement with other entities that are components of the statewide workforce development system of 

the State, regarding the system, which agreement may 

provide for— 

(i) provision of intercomponent staff training and 


technical assistance with regard to— 


(I) the availability and benefits of, and information on eligibility standards for, vocational rehabilitation services; and 

(II) the promotion of equal, effective, and 

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45 REHABILITATION ACT OF 1973 Sec. 101 

abilities in workforce development activities in the 

State through the promotion of program accessibility (including programmatic accessibility and 

physical accessibility), the use of nondiscriminatory policies and procedures, and the provision 

of reasonable accommodations, auxiliary aids and 

services, and rehabilitation technology, for individuals with disabilities; 

(ii) use of information and financial management 

systems that link all components of the statewide 

workforce development system, that link the components to other electronic networks, including nonvisual 

electronic networks, and that relate to such subjects 

as employment statistics, and information on job vacancies, career planning, and workforce investment activities; 

(iii) use of customer service features such as common intake and referral procedures, customer databases, resource information, and human services hotlines; 

(iv) establishment of cooperative efforts with employers to— 

(I) facilitate job placement; and 

(II) carry out any other activities that the designated State unit and the employers determine to 

be appropriate; 

(v) identification of staff roles, responsibilities, 

and available resources, and specification of the financial responsibility of each component of the statewide 

workforce development system with regard to paying 

for necessary services (consistent with State law and 

Federal requirements); and 

(vi) specification of procedures for resolving disputes among such components. 

(B) REPLICATION OF COOPERATIVE AGREEMENTS.—The 

State plan shall provide for the replication of such cooperative agreements at the local level between individual offices of the designated State unit and local entities carrying out activities through the statewide workforce development system. 

(C) INTERAGENCY COOPERATION WITH OTHER AGENCIES.—The State plan shall include descriptions of interagency cooperation with, and utilization of the services and 

facilities of, Federal, State, and local agencies and programs, including the State programs carried out under section 4 of the Assistive Technology Act of 1998 (29 U.S.C. 

3003), programs carried out by the Under Secretary for 

Rural Development of the Department of Agriculture, noneducational agencies serving out-of-school youth, and State 

use contracting programs, to the extent that such Federal, 

State, and local agencies and programs are not carrying 

out activities through the statewide workforce development 

system. 

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Sec. 101 REHABILITATION ACT OF 1973 46 

January 7, 2016 

(D) COORDINATION WITH EDUCATION OFFICIALS.—The 

State plan shall contain plans, policies, and procedures for 

coordination between the designated State agency and 

education officials responsible for the public education of 

students with disabilities, that are designed to facilitate 

the transition of the students with disabilities from the receipt of educational services in school to the receipt of vocational rehabilitation services, including pre-employment 

transition services, under this title, including information 

on a formal interagency agreement with the State educational agency that, at a minimum, provides for— 

(i) consultation and technical assistance, which 


may be provided using alternative means for meeting 


participation (such as video conferences and conference calls), to assist educational agencies in planning for the transition of students with disabilities 


from school to post-school activities, including vocational rehabilitation services; 


(ii) transition planning by personnel of the designated State agency and educational agency personnel for students with disabilities that facilitates the 


development and implementation of their individualized education programs under section 614(d) of the 


Individuals with Disabilities Education Act; 


(iii) the roles and responsibilities, including financial responsibilities, of each agency, including provisions for determining State lead agencies and qualified 


personnel responsible for transition services; and 


(iv) procedures for outreach to and identification 


of students with disabilities who need the transition 


services. 


(E) COORDINATION WITH EMPLOYERS.—The State plan 

shall describe how the designated State unit will work 

with employers to identify competitive integrated employment opportunities and career exploration opportunities, 

in order to facilitate the provision of— 

(i) vocational rehabilitation services; and 

(ii) transition services for youth with disabilities 


and students with disabilities, such as pre-employment transition services. 


(F) COORDINATION WITH STATEWIDE INDEPENDENT LIVING COUNCILS AND INDEPENDENT LIVING CENTERS.—The 

State plan shall include an assurance that the designated 

State unit, the Statewide Independent Living Council established under section 705, and the independent living 

centers described in part C of chapter 1 of title VII within 

the State have developed working relationships and coordinate their activities, as appropriate. 

(G) COOPERATIVE AGREEMENT REGARDING INDIVIDUALS 

ELIGIBLE FOR HOME AND COMMUNITY-BASED WAIVER PROGRAMS.—The State plan shall include an assurance that 

the designated State unit has entered into a formal cooperative agreement with the State agency responsible for administering the State Medicaid plan under title XIX of the 

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47 REHABILITATION ACT OF 1973 Sec. 101 

Social Security Act (42 U.S.C. 1396 et seq.) and the State 

agency with primary responsibility for providing services 

and supports for individuals with intellectual disabilities 

and individuals with developmental disabilities, with respect to the delivery of vocational rehabilitation services, 

including extended services, for individuals with the most 

significant disabilities who have been determined to be eligible for home and community-based services under a 

Medicaid waiver, Medicaid State plan amendment, or 

other authority related to a State Medicaid program. 

(H) COOPERATIVE AGREEMENT WITH RECIPIENTS OF 

GRANTS FOR SERVICES TO AMERICAN INDIANS.—In applicable cases, the State plan shall include an assurance that 

the State has entered into a formal cooperative agreement 

with each grant recipient in the State that receives funds 

under part C. The agreement shall describe strategies for 

collaboration and coordination in providing vocational rehabilitation services to American Indians who are individuals with disabilities, including— 

(i) strategies for interagency referral and information sharing that will assist in eligibility determinations and the development of individualized plans for 

employment; 

(ii) procedures for ensuring that American Indians 

who are individuals with disabilities and are living on 

or near a reservation or tribal service area are provided vocational rehabilitation services; 

(iii) strategies for the provision of transition planning, by personnel of the designated State unit, the 

State educational agency, and the recipient of funds 

under part C, that will facilitate the development and 

approval of the individualized plans for employment 

under section 102; and 

(iv) provisions for sharing resources in cooperative 

studies and assessments, joint training activities, and 

other collaborative activities designed to improve the 

provision of services to American Indians who are individuals with disabilities. 

(I) COORDINATION WITH ASSISTIVE TECHNOLOGY PROGRAMS.—The State plan shall include an assurance that 

the designated State unit, and the lead agency and implementing entity (if any) designated by the Governor of the 

State under section 4 of the Assistive Technology Act of 

1998 (29 U.S.C. 3003), have developed working relationships and will enter into agreements for the coordination 

of their activities, including the referral of individuals with 

disabilities to programs and activities described in that 

section. 

(J) COORDINATION WITH TICKET TO WORK AND SELFSUFFICIENCY PROGRAM.—The State plan shall include an 

assurance that the designated State unit will coordinate 

activities with any other State agency that is functioning 

as an employment network under the Ticket to Work and 

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Sec. 101 REHABILITATION ACT OF 1973 48 

January 7, 2016 

Self-Sufficiency Program established under section 1148 of 


the Social Security Act (42 U.S.C. 1320b–19). 


(K) INTERAGENCY COOPERATION.—The State plan shall 


describe how the designated State agency or agencies (if 


more than 1 agency is designated under paragraph (2)(A)) 


will collaborate with the State agency responsible for administering the State Medicaid plan under title XIX of the 


Social Security Act (42 U.S.C. 1396 et seq.), the State 


agency responsible for providing services for individuals 


with developmental disabilities, and the State agency responsible for providing mental health services, to develop 


opportunities for community-based employment in integrated settings, to the greatest extent practicable. 


(12) RESIDENCY.—The State plan shall include an assurance that the State will not impose a residence requirement 

that excludes from services provided under the plan any individual who is present in the State. 

(13) SERVICES TO AMERICAN INDIANS.—The State plan shall 

include an assurance that, except as otherwise provided in part 

C, the designated State agency will provide vocational rehabilitation services to American Indians who are individuals with 

disabilities residing in the State to the same extent as the designated State agency provides such services to other significant 

populations of individuals with disabilities residing in the 

State. 

(14) SEMIANNUAL REVIEW OF INDIVIDUALS IN EXTENDED EMPLOYMENT OR OTHER EMPLOYMENT UNDER SPECIAL CERTIFICATE 

PROVISIONS OF THE FAIR LABOR STANDARDS ACT OF 1938.—The 

State plan shall provide for— 

(A) a semiannual review and reevaluation of the status of each individual with a disability served under this 


title who is employed either in an extended employment 


setting in a community rehabilitation program or any 


other employment under section 14(c) of the Fair Labor 


Standards Act (29 U.S.C. 214(c)) for 2 years after the beginning of such employment, and annually thereafter, to 


determine the interests, priorities, and needs of the individual with respect to competitive integrated employment 


or training for competitive integrated employment; 


(B) input into the review and reevaluation, and a 


signed acknowledgment that such review and reevaluation 


have been conducted, by the individual with a disability, 


or, if appropriate, the individual’s representative; 


(C) maximum efforts, including the identification and 


provision of vocational rehabilitation services, reasonable 


accommodations, and other necessary support services, to 


assist individuals described in subparagraph (A) in attaining competitive integrated employment; and 


(D) an assurance that the State will report the information generated under subparagraphs (A), (B), and (C), 


for each of the individuals, to the Administrator of the 


Wage and Hour Division of the Department of Labor for 


each fiscal year, not later than 60 days after the end of the 


fiscal year. 


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49 REHABILITATION ACT OF 1973 Sec. 101 

(15) ANNUAL STATE GOALS AND REPORTS OF PROGRESS.— 

(A) ASSESSMENTS AND ESTIMATES.—The State plan 

shall— 

(i) include the results of a comprehensive, statewide assessment, jointly conducted by the designated 

State unit and the State Rehabilitation Council (if the 

State has such a Council) every 3 years, describing the 

rehabilitation needs of individuals with disabilities residing within the State, particularly the vocational rehabilitation services needs of— 

(I) individuals with the most significant disabilities, including their need for supported employment services; 

(II) individuals with disabilities who are minorities and individuals with disabilities who have 

been unserved or underserved by the vocational 

rehabilitation program carried out under this title; 

(III) individuals with disabilities served 

through other components of the statewide workforce development system (other than the vocational rehabilitation program), as identified by 

such individuals and personnel assisting such individuals through the components; and 

(IV) youth with disabilities, and students with 

disabilities, including their need for pre-employment transition services or other transition services; 

(ii) include an assessment of the needs of individuals with disabilities for transition services and preemployment transition services, and the extent to 

which such services provided under this Act are coordinated with transition services provided under the 

Individuals with Disabilities Education Act (20 U.S.C. 

1400 et seq.) in order to meet the needs of individuals 

with disabilities. 

(iii) include an assessment of the need to establish, develop, or improve community rehabilitation 

programs within the State; and 

(iv) provide that the State shall submit to the 

Commissioner a report containing information regarding updates to the assessments, for any year in which 

the State updates the assessments. 

(B) ANNUAL ESTIMATES.—The State plan shall include, 

and shall provide that the State shall annually submit a 

report to the Commissioner that includes, State estimates 

of— 

(i) the number of individuals in the State who are 

eligible for services under this title; 

(ii) the number of such individuals who will receive services provided with funds provided under part 

B and under title VI, including, if the designated State 

agency uses an order of selection in accordance with 

paragraph (5), estimates of the number of individuals 

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Sec. 101 REHABILITATION ACT OF 1973 50 

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to be served under each priority category within the 


order; 


(iii) the number of individuals who are eligible for 


services under this title, but are not receiving such 


services due to an order of selection; and 


(iv) the costs of the services described in clause (i), 


including, if the designated State agency uses an order 


of selection in accordance with paragraph (5), the service costs for each priority category within the order. 


(C) GOALS AND PRIORITIES.— (i) IN GENERAL.—The State plan shall identify the 


goals and priorities of the State in carrying out the 


program. The goals and priorities shall be jointly developed, agreed to, and reviewed annually by the designated State unit and the State Rehabilitation Council, if the State has such a Council. Any revisions to 


the goals and priorities shall be jointly agreed to by 


the designated State unit and the State Rehabilitation 


Council, if the State has such a Council. The State 


plan shall provide that the State shall submit to the 


Commissioner a report containing information regarding revisions in the goals and priorities, for any year 


in which the State revises the goals and priorities. 


(ii) BASIS.—The State goals and priorities shall be 


based on an analysis of— 


(I) the comprehensive assessment described in 

subparagraph (A), including any updates to the 

assessment; 

(II) the performance of the State on the standards and indicators established under section 106; 

and 

(III) other available information on the operation and the effectiveness of the vocational rehabilitation program carried out in the State, including any reports received from the State Rehabilitation Council, under section 105(c) and the findings and recommendations from monitoring activities conducted under section 107. 

(iii) SERVICE AND OUTCOME GOALS FOR CATEGORIES
 

IN ORDER OF SELECTION.—If the designated State 


agency uses an order of selection in accordance with 


paragraph (5), the State shall also identify in the 


State plan service and outcome goals and the time 


within which these goals may be achieved for individuals in each priority category within the order. 


(D) STRATEGIES.—The State plan shall contain a description of the strategies the State will use to address the 

needs identified in the assessment conducted under subparagraph (A) and achieve the goals and priorities identified in subparagraph (C), including— 

(i) the methods to be used to expand and improve 


services to individuals with disabilities, including how 


a broad range of assistive technology services and assistive technology devices will be provided to such in-


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51 REHABILITATION ACT OF 1973 Sec. 101 

dividuals at each stage of the rehabilitation process 

and how such services and devices will be provided to 

such individuals on a statewide basis; 

(ii) outreach procedures to identify and serve individuals with disabilities who are minorities and individuals with disabilities who have been unserved or 

underserved by the vocational rehabilitation program; 

(iii) the methods to be used to improve and expand vocational rehabilitation services for students 

with disabilities, including the coordination of services 

designed to facilitate the transition of such students 

from the receipt of educational services in school to 

postsecondary life (including the receipt of vocational 

rehabilitation services under this title, postsecondary 

education, employment, and pre-employment transition services); 

(iv) where necessary, the plan of the State for establishing, developing, or improving community rehabilitation programs; 

(v) strategies to improve the performance of the 

State with respect to the evaluation standards and 

performance indicators established pursuant to section 

106; and 

(vi) strategies for assisting entities carrying out 

other components of the statewide workforce development system (other than the vocational rehabilitation 

program) in assisting individuals with disabilities. 

(E) EVALUATION AND REPORTS OF PROGRESS.—The 

State plan shall— 

(i) include the results of an evaluation of the effectiveness of the vocational rehabilitation program, and 

a joint report by the designated State unit and the 

State Rehabilitation Council, if the State has such a 

Council, to the Commissioner on the progress made in 

improving the effectiveness from the previous year, 

which evaluation and report shall include— 

(I) an evaluation of the extent to which the 

goals identified in subparagraph (C) were 

achieved; 

(II) a description of strategies that contributed to achieving the goals; 

(III) to the extent to which the goals were not 

achieved, a description of the factors that impeded 

that achievement; and 

(IV) an assessment of the performance of the 

State on the standards and indicators established 

pursuant to section 106; and 

(ii) provide that the designated State unit and the 

State Rehabilitation Council, if the State has such a 

Council, shall jointly submit to the Commissioner an 

annual report that contains the information described 

in clause (i). 

(16) PUBLIC COMMENT.—The State plan shall— 

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Sec. 101 REHABILITATION ACT OF 1973 52 

(A) provide that the designated State agency, prior to 

the adoption of any policies or procedures governing the 

provision of vocational rehabilitation services under the 

State plan (including making any amendment to such policies and procedures), shall conduct public meetings 

throughout the State, after providing adequate notice of 

the meetings, to provide the public, including individuals 

with disabilities, an opportunity to comment on the policies or procedures, and actively consult with the Director 

of the client assistance program carried out under section 

112, and, as appropriate, Indian tribes, tribal organizations, and Native Hawaiian organizations on the policies 

or procedures; and 

(B) provide that the designated State agency (or each 

designated State agency if two agencies are designated) 

and any sole agency administering the plan in a political 

subdivision of the State, shall take into account, in connection with matters of general policy arising in the administration of the plan, the views of— 

(i) individuals and groups of individuals who are 

recipients of vocational rehabilitation services, or in 

appropriate cases, the individuals’ representatives; 

(ii) personnel working in programs that provide 

vocational rehabilitation services to individuals with 

disabilities; 

(iii) providers of vocational rehabilitation services 

to individuals with disabilities; 

(iv) the director of the client assistance program; 

and 

(v) the State Rehabilitation Council, if the State 

has such a Council. 

(17) USE OF FUNDS FOR CONSTRUCTION OF FACILITIES.—The 

State plan shall provide that if, under special circumstances, 

the State plan includes provisions for the construction of facilities for community rehabilitation programs— 

(A) the Federal share of the cost of construction for the 

facilities for a fiscal year will not exceed an amount equal 

to 10 percent of the State’s allotment under section 110 for 

such year; 

(B) the provisions of section 306 (as in effect on the 

day before the date of enactment of the Rehabilitation Act 

Amendments of 1998) shall be applicable to such construction and such provisions shall be deemed to apply to such 

construction; and 

(C) there shall be compliance with regulations the 

Commissioner shall prescribe designed to assure that no 

State will reduce its efforts in providing other vocational 

rehabilitation services (other than for the establishment of 

facilities for community rehabilitation programs) because 

the plan includes such provisions for construction. 

(18) INNOVATION AND EXPANSION ACTIVITIES.—The State 

plan shall— 

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53 REHABILITATION ACT OF 1973 Sec. 101 

(A) include an assurance that the State will reserve 

and use a portion of the funds allotted to the State under 

section 110— 

(i) for the development and implementation of innovative approaches to expand and improve the provision of vocational rehabilitation services to individuals 

with disabilities under this title, particularly individuals with the most significant disabilities, consistent 

with the findings of the statewide assessment and 

goals and priorities of the State as described in paragraph (15); and 

(ii) to support the funding of— 

(I) the State Rehabilitation Council, if the 

State has such a Council, consistent with the plan 

prepared under section 105(d)(1); and 

(II) the Statewide Independent Living Council, consistent with the plan prepared under section 705(e)(1); 

(B) include a description of how the reserved funds 

will be utilized; and 

(C) provide that the State shall submit to the Commissioner an annual report containing a description of how 

the reserved funds were utilized during the preceding 

year. 

(19) CHOICE.—The State plan shall include an assurance 

that applicants and eligible individuals or, as appropriate, the 

applicants’ representatives or individuals’ representatives, will 

be provided information and support services to assist the applicants and individuals in exercising informed choice throughout the rehabilitation process, consistent with the provisions of 

section 102(d). 

(20) INFORMATION AND REFERRAL SERVICES.— 

(A) IN GENERAL.—The State plan shall include an assurance that the designated State agency will implement 

an information and referral system adequate to ensure 

that individuals with disabilities will be provided accurate 

vocational rehabilitation information and guidance, using 

appropriate modes of communication, to assist such individuals in preparing for, securing, retaining, or regaining 

employment, and will be appropriately referred to Federal 

and State programs (other than the vocational rehabilitation program carried out under this title), including other 

components of the statewide workforce development system in the State. 

(B) REFERRALS.—An appropriate referral made 

through the system shall— 

(i) be to the Federal or State programs, including 

programs carried out by other components of the statewide workforce development system in the State, best 

suited to address the specific employment needs of an 

individual with a disability; and 

(ii) include, for each of these programs, provision 

to the individual of— 

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Sec. 101 REHABILITATION ACT OF 1973 54 

(I) a notice of the referral by the designated 

State agency to the agency carrying out the program; 

(II) information identifying a specific point of 

contact within the agency carrying out the program; and 

(III) information and advice regarding the 

most suitable services to assist the individual to 

prepare for, secure, retain, or regain employment. 

(21) STATE INDEPENDENT CONSUMER-CONTROLLED COMMISSION; STATE REHABILITATION COUNCIL.— 

(A) COMMISSION OR COUNCIL.—The State plan shall 

provide that either— 

(i) the designated State agency is an independent 

commission that— 

(I) is responsible under State law for operating, or overseeing the operation of, the vocational rehabilitation program in the State; 

(II) is consumer-controlled by persons who— 

(aa) are individuals with physical or mental impairments that substantially limit major 

life activities; and 

(bb) represent individuals with a broad 

range of disabilities, unless the designated 

State unit under the direction of the commission is the State agency for individuals who 

are blind; 

(III) includes family members, advocates, or 

other representatives, of individuals with mental 

impairments; and 

(IV) undertakes the functions set forth in section 105(c)(4); or 

(ii) the State has established a State Rehabilitation Council that meets the criteria set forth in section 

105 and the designated State unit— 

(I) in accordance with paragraph (15), jointly 

develops, agrees to, and reviews annually State 

goals and priorities, and jointly submits annual 

reports of progress with the Council; 

(II) regularly consults with the Council regarding the development, implementation, and revision of State policies and procedures of general 

applicability pertaining to the provision of vocational rehabilitation services; 

(III) includes in the State plan and in any revision to the State plan, a summary of input provided by the Council, including recommendations 

from the annual report of the Council described in 

section 105(c)(5), the review and analysis of consumer satisfaction described in section 105(c)(4), 

and other reports prepared by the Council, and 

the response of the designated State unit to such 

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55 REHABILITATION ACT OF 1973 Sec. 101 

nations for rejecting any input or recommendation; and 

(IV) transmits to the Council— 

(aa) all plans, reports, and other information required under this title to be submitted 

to the Secretary; 

(bb) all policies, and information on all 

practices and procedures, of general applicability provided to or used by rehabilitation 

personnel in carrying out this title; and 

(cc) copies of due process hearing decisions issued under this title, which shall be 

transmitted in such a manner as to ensure 

that the identity of the participants in the 

hearings is kept confidential. 

(B) MORE THAN ONE DESIGNATED STATE AGENCY.—In 

the case of a State that, under section 101(a)(2) 6, designates a State agency to administer the part of the State 

plan under which vocational rehabilitation services are 

provided for individuals who are blind (or to supervise the 

administration of such part by a local agency) and designates a separate State agency to administer the rest of 

the State plan, the State shall either establish a State Rehabilitation Council for each of the two agencies that does 

not meet the requirements in subparagraph (A)(i), or establish one State Rehabilitation Council for both agencies 

if neither agency meets the requirements of subparagraph 

(A)(i). 

(22) SUPPORTED EMPLOYMENT STATE PLAN SUPPLEMENT.— 

The State plan shall include an assurance that the State has 

an acceptable plan for carrying out title VI, including the use 

of funds under that part to supplement funds made available 

under part B of this title to pay for the cost of services leading 

to supported employment. 

(23) ANNUAL UPDATES.—The plan shall include an assurance that the State will submit to the Commissioner reports 

containing annual updates of the information required under 

paragraph (7) (relating to a comprehensive system of personnel 

development) and any other updates of the information required under this section that are requested by the Commissioner, and annual reports as provided in paragraphs (15) (relating to assessments, estimates, goals and priorities, and reports of progress) and (18) (relating to innovation and expansion), at such time and in such manner as the Secretary may 

determine to be appropriate. 

(24) CERTAIN CONTRACTS AND COOPERATIVE AGREEMENTS.— (A) CONTRACTS WITH FOR-PROFIT ORGANIZATIONS.—The 

State plan shall provide that the designated State agency 

has the authority to enter into contracts with for-profit organizations for the purpose of providing, as vocational rehabilitation services, on-the-job training and related programs for individuals with disabilities under part A of title 

6 So in law. Should probably replace ‘‘section 101(a)(2)’’ with ‘‘subsection (a)(2)’’. 

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Sec. 102 REHABILITATION ACT OF 1973 56 

VI, upon a determination by such agency that such forprofit organizations are better qualified to provide such rehabilitation services than nonprofit agencies and organizations. 

(B) COOPERATIVE AGREEMENTS WITH PRIVATE NON­ PROFIT ORGANIZATIONS.—The State plan shall describe the 

manner in which cooperative agreements with private nonprofit vocational rehabilitation service providers will be established. 

(25) SERVICES FOR STUDENTS WITH DISABILITIES.—The 


State plan shall provide an assurance that, with respect to students with disabilities, the State— 


(A) has developed and will implement— 

(i) strategies to address the needs identified in the 

assessments described in paragraph (15); and 

(ii) strategies to achieve the goals and priorities 

identified by the State, in accordance with paragraph 

(15), to improve and expand vocational rehabilitation 

services for students with disabilities on a statewide 

basis; and 

(B) has developed and will implement strategies to 

provide pre-employment transition services. 

(26) JOB GROWTH AND DEVELOPMENT.—The State plan 


shall provide an assurance describing how the State will utilize 


initiatives involving in-demand industry sectors or occupations 


under sections 106(c) and 108 of the Workforce Innovation and 


Opportunity Act to increase competitive integrated employment opportunities for individuals with disabilities. 


(b) SUBMISSION; APPROVAL; MODIFICATION.—The State plan for 

vocational rehabilitation services shall be subject to— 

(1) subsection (c) of section 102 of the Workforce Innovation and Opportunity Act, in a case in which that plan is a portion of the unified State plan described in that section 102; and 


(2) subsection (b), and paragraphs (1), (2), and (3) of subsection (c), of section 103 of such Act in a case in which that 


State plan for vocational rehabilitation services is a portion of 


the combined State plan described in that section 103. 


(c) CONSTRUCTION.—Nothing in this part shall be construed to 

reduce the obligation under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) of a local educational agency or 

any other agency to provide or pay for any transition services that 

are also considered special education or related services and that 

are necessary for ensuring a free appropriate public education to 

children with disabilities within the State involved. 

ø29 U.S.C. 721¿ 

SEC. 102. ELIGIBILITY AND INDIVIDUALIZED PLAN FOR EMPLOYMENT. 

(a) ELIGIBILITY.— 

(1) CRITERION FOR ELIGIBILITY.—An individual is eligible 


for assistance under this title if the individual— 


(A) has undergone an assessment for determining eligibility and vocational rehabilitation needs and as a result 

has been determined to be an individual with a disability 

under section 7(20)(A); and 

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57 REHABILITATION ACT OF 1973 Sec. 102 

January 7, 2016 

(B) requires vocational rehabilitation services to prepare for, secure, retain, advance in, or regain employment 

that is consistent with the individual’s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.For purposes of an assessment 

for determining eligibility and vocational rehabilitation 

needs under this Act, an individual shall be presumed to 

have a goal of an employment outcome. 

(2) PRESUMPTION OF BENEFIT.— (A) APPLICANTS.—For purposes of this section, an individual shall be presumed to be an individual that can benefit in terms of an employment outcome from vocational 

rehabilitation services under section 7(20)(A). 

(B) RESPONSIBILITIES.—Prior to determining under 

this subsection that an applicant described in subparagraph (A) is unable to benefit due to the severity of the individual’s disability or that the individual is ineligible for 

vocational rehabilitation services, the designated State 

unit shall explore the individual’s abilities, capabilities, 

and capacity to perform in work situations, through the 

use of trial work experiences, as described in section 

7(2)(D), with appropriate supports provided through the 

designated State unit. Such experiences shall be of sufficient variety and over a sufficient period of time to determine the eligibility of the individual. In providing the trial 

experiences, the designated State unit shall provide the individual with the opportunity to try different employment 

experiences, including supported employment, and the opportunity to become employed in competitive integrated 

employment. 

(3) PRESUMPTION OF ELIGIBILITY.— 

(A) IN GENERAL.—For purposes of this section, an individual who has a disability or is blind as determined pursuant to title II or title XVI of the Social Security Act (42 

U.S.C. 401 et seq. and 1381 et seq.) shall be— 

(i) considered to be an individual with a significant disability under section 7(21)(A); and 


(ii) presumed to be eligible for vocational rehabilitation services under this title (provided that the individual intends to achieve an employment outcome consistent with the unique strengths, resources, priorities, 


concerns, abilities, capabilities, interests, and informed 


choice of the individual) unless the designated State 


unit involved can demonstrate by clear and convincing 


evidence that such individual is incapable of benefiting 


in terms of an employment outcome due to the severity of the individual’s disability (as of the date of the 


determination). 


(B) CONSTRUCTION.—Nothing in this paragraph shall 

be construed to create an entitlement to any vocational rehabilitation service. 

(4) USE OF EXISTING INFORMATION.— 

(A) IN GENERAL.—To the maximum extent appropriate 

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Sec. 102 REHABILITATION ACT OF 1973 58 

poses of determining the eligibility of an individual for vocational rehabilitation services under this title and developing the individualized plan for employment described in 

subsection (b) for the individual, the designated State unit 

shall use information that is existing and current (as of 

the date of the determination of eligibility or of the development of the individualized plan for employment), including information available from other programs and providers, particularly information used by education officials 

and the Social Security Administration, information provided by the individual and the family of the individual, 

and information obtained under the assessment for determining eligibility and vocational rehabilitation needs. 

(B) DETERMINATIONS BY OFFICIALS OF OTHER AGENCIES.—Determinations made by officials of other agencies, 

particularly education officials described in section 

101(a)(11)(D), regarding whether an individual satisfies 

one or more factors relating to whether an individual is an 

individual with a disability under section 7(20)(A) or an individual with a significant disability under section 7(21)(A) 

shall be used, to the extent appropriate and consistent 

with the requirements of this part, in assisting the designated State unit in making such determinations. 

(C) BASIS.—The determination of eligibility for vocational rehabilitation services shall be based on— 

(i) the review of existing data described in section 

7(2)(A)(i); and 

(ii) to the extent that such data is unavailable or 

insufficient for determining eligibility, the provision of 

assessment activities described in section 7(2)(A)(ii). 

(5) DETERMINATION OF INELIGIBILITY.—If, after the designated State unit carries out the activities described in paragraph (2)(B), a review of existing data, and, to the extent necessary, the assessment activities described in section 

7(2)(A)(ii), an individual who applies for services under this 

title is determined not to be eligible for the services, or if an 

eligible individual receiving services under an individualized 

plan for employment is determined to be no longer eligible for 

the services— 

(A) the ineligibility determination shall be an individualized one, based on the available data, and shall not be 

based on assumptions about broad categories of disabilities; 

(B) the ineligibility determination involved shall be 

made only after providing an opportunity for full consultation with the individual or, as appropriate, the individual’s 

representative; 

(C) the individual or, as appropriate, the individual’s 

representative, shall be informed in writing (supplemented 

as necessary by other appropriate modes of communication 

consistent with the informed choice of the individual) of 

the ineligibility determination, including— 

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59 REHABILITATION ACT OF 1973 Sec. 102 

(i) the reasons for the determination, including 

the clear and convincing evidence that forms the basis 

for the determination of ineligibility; and 

(ii) a description of the means by which the individual may express, and seek a remedy for, any dissatisfaction with the determination, including the procedures for review by an impartial hearing officer 

under subsection (c); 

(D) the individual shall be provided with a description 

of services available from the client assistance program 

under section 112 and information on how to contact that 

program; and 

(E) any ineligibility determination that is based on a 

finding that the individual is incapable of benefiting in 

terms of an employment outcome shall be reviewed— 

(i) within 12 months; and 

(ii) thereafter, if such a review is requested by the 

individual or, if appropriate, by the individual’s representative. 

(6) TIMEFRAME FOR MAKING AN ELIGIBILITY DETERMINATION.—The designated State unit shall determine whether an 

individual is eligible for vocational rehabilitation services 

under this title within a reasonable period of time, not to exceed 60 days, after the individual has submitted an application 

for the services unless— 

(A) exceptional and unforeseen circumstances beyond 

the control of the designated State unit preclude making 

an eligibility determination within 60 days and the designated State unit and the individual agree to a specific 

extension of time; or 

(B) the designated State unit is exploring an individual’s abilities, capabilities, and capacity to perform in work 

situations under paragraph (2)(B). 

(b) DEVELOPMENT OF AN INDIVIDUALIZED PLAN FOR EMPLOYMENT.— 

(1) OPTIONS FOR DEVELOPING AN INDIVIDUALIZED PLAN FOR 

EMPLOYMENT.—If an individual is determined to be eligible for 

vocational rehabilitation services as described in subsection (a), 

the designated State unit shall complete the assessment for determining eligibility and vocational rehabilitation needs, as appropriate, and shall provide the eligible individual or the individual’s representative, in writing and in an appropriate mode 

of communication, with information on the individual’s options 

for developing an individualized plan for employment, including— 

(A) information on the availability of assistance from 

a qualified vocational rehabilitation counselor or, as appropriate, a disability advocacy organization in developing all 

or part of the individualized plan for employment for the 

individual, and the availability of technical assistance in 

developing all or part of the individualized plan for employment for the individual; 

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Sec. 102 REHABILITATION ACT OF 1973 60 

January 7, 2016 

(B) a description of the full range of components that 


shall be included in an individualized plan for employment; 


(C) as appropriate— 

(i) an explanation of agency guidelines and criteria associated with financial commitments concerning an individualized plan for employment; 

(ii) additional information the eligible individual 

requests or the designated State unit determines to be 

necessary; and 

(iii) information on the availability of assistance in 

completing designated State agency forms required in 

developing an individualized plan for employment; and 

(D)(i) a description of the rights and remedies available to such an individual including, if appropriate, recourse to the processes set forth in subsection (c); and 


(ii) a description of the availability of a client assistance program established pursuant to section 112 and information about how to contact the client assistance program. 


(2) INDIVIDUALS DESIRING TO ENTER THE WORKFORCE.—For 

an individual entitled to benefits under title II or XVI of the 

Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) on the 

basis of a disability or blindness, the designated State unit 

shall provide to the individual general information on additional supports and assistance for individuals with disabilities 

desiring to enter the workforce, including assistance with benefits planning. 

(3) MANDATORY PROCEDURES.— 

(A) WRITTEN DOCUMENT.—An individualized plan for 


employment shall be a written document prepared on 


forms provided by the designated State unit. 


(B) INFORMED CHOICE.—An individualized plan for employment shall be developed and implemented in a manner 


that affords eligible individuals the opportunity to exercise 


informed choice in selecting an employment outcome, the 


specific vocational rehabilitation services to be provided 


under the plan, the entity that will provide the vocational 


rehabilitation services, and the methods used to procure 


the services, consistent with subsection (d). 


(C) SIGNATORIES.—An individualized plan for employment shall be— 


(i) agreed to, and signed by, such eligible individual or, as appropriate, the individual’s representative; and 

(ii) approved and signed by a qualified vocational 

rehabilitation counselor employed by the designated 

State unit. 

(D) COPY.—A copy of the individualized plan for employment for an eligible individual shall be provided to the 


individual or, as appropriate, to the individual’s representative, in writing and, if appropriate, in the native language 


or mode of communication of the individual or, as appropriate, of the individual’s representative. 


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61 REHABILITATION ACT OF 1973 Sec. 102 

January 7, 2016 

(E) REVIEW AND AMENDMENT.—The individualized 


plan for employment shall be— 


(i) reviewed at least annually by— 

(I) a qualified vocational rehabilitation counselor; and 

(II) the eligible individual or, as appropriate, 

the individual’s representative; 

(ii) amended, as necessary, by the individual or, as 

appropriate, the individual’s representative, in collaboration with a representative of the designated State 

agency or a qualified vocational rehabilitation counselor (to the extent determined to be appropriate by 

the individual), if there are substantive changes in the 

employment outcome, the vocational rehabilitation 

services to be provided, or the service providers of the 

services (which amendments shall not take effect until 

agreed to and signed by the eligible individual or, as 

appropriate, the individual’s representative, and by a 

qualified vocational rehabilitation counselor employed 

by the designated State unit); and 

(iii) amended, as necessary, to include the 

postemployment services and service providers that 

are necessary for the individual to maintain or regain 

employment, consistent with the individual’s 

strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. 

(F) TIMEFRAME FOR COMPLETING THE INDIVIDUALIZED
 

PLAN FOR EMPLOYMENT.—The individualized plan for employment shall be developed as soon as possible, but not 


later than a deadline of 90 days after the date of the determination of eligibility described in paragraph (1), unless 


the designated State unit and the eligible individual agree 


to an extension of that deadline to a specific date by which 


the individualized plan for employment shall be completed. 


(4) MANDATORY COMPONENTS OF AN INDIVIDUALIZED PLAN 

FOR EMPLOYMENT.—Regardless of the approach selected by an 

eligible individual to develop an individualized plan for employment, an individualized plan for employment shall, at a 

minimum, contain mandatory components consisting of— 

(A) a description of the specific employment outcome 


that is chosen by the eligible individual, consistent with 


the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the eligible individual, consistent with the general goal of competitive integrated employment (except that in the case of 


an eligible individual who is a student, the description 


may be a description of the student’s projected postschool 


employment outcome); 


(B)(i) a description of the specific vocational rehabilitation services that are— 


(I) needed to achieve the employment outcome, including, as appropriate— 

(aa) the provision of assistive technology devices and assistive technology services (including 

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referrals described in section 103(a)(3) to the device reutilization programs and demonstrations 

described in subparagraphs (B) and (D) of section 

4(e)(2) of the Assistive Technology Act of 1998 (29 

U.S.C. 3003(e)(2)) through agreements developed 

under section 101(a)(11)(I); and 

(bb) personal assistance services (including 

training in the management of such services); 

(II) in the case of a plan for an eligible individual 

that is a student, the specific transition services and 

supports needed to achieve the student’s employment 

outcome or projected postschool employment outcome; 

and 

(III) provided in the most integrated setting that 

is appropriate for the service involved and is consistent with the informed choice of the eligible individual; and 

(ii) timelines for the achievement of the employment 

outcome and for the initiation of the services; 

(C) a description of the entity chosen by the eligible individual or, as appropriate, the individual’s representative, 

that will provide the vocational rehabilitation services, and 

the methods used to procure such services; 

(D) a description of criteria to evaluate progress toward achievement of the employment outcome; 

(E) the terms and conditions of the individualized plan 

for employment, including, as appropriate, information describing— 

(i) the responsibilities of the designated State 

unit; 

(ii) the responsibilities of the eligible individual, 

including— 

(I) the responsibilities the eligible individual 

will assume in relation to the employment outcome of the individual; 

(II) if applicable, the participation of the eligible individual in paying for the costs of the plan; 

and 

(III) the responsibility of the eligible individual with regard to applying for and securing 

comparable benefits as described in section 

101(a)(8); and 

(iii) the responsibilities of other entities as the result of arrangements made pursuant to comparable 

services or benefits requirements as described in section 101(a)(8); 

(F) for an eligible individual with the most significant 

disabilities for whom an employment outcome in a supported employment setting has been determined to be appropriate, information identifying— 

(i) the extended services needed by the eligible individual; and 

(ii) the source of extended services or, to the extent that the source of the extended services cannot be 

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63 REHABILITATION ACT OF 1973 Sec. 102 

identified at the time of the development of the individualized plan for employment, a description of the 

basis for concluding that there is a reasonable expectation that such source will become available; 

(G) as determined to be necessary, a statement of projected need for post-employment services; and 

(H) for an individual who also is receiving assistance 

from an employment network under the Ticket to Work 

and Self-Sufficiency Program established under section 

1148 of the Social Security Act (42 U.S.C. 1320b–19), a description of how responsibility for service delivery will be 

divided between the employment network and the designated State unit. 

(c) PROCEDURES.— 

(1) IN GENERAL.—Each State shall establish procedures for 

mediation of, and procedures for review through an impartial 

due process hearing of, determinations made by personnel of 

the designated State unit that affect the provision of vocational 

rehabilitation services to applicants or eligible individuals. The 

procedures shall allow an applicant or an eligible individual 

the opportunity to request mediation, an impartial due process 

hearing, or both procedures. 

(2) NOTIFICATION.— 

(A) RIGHTS AND ASSISTANCE.—The procedures shall 

provide that an applicant or an eligible individual or, as 

appropriate, the applicant’s representative or individual’s 

representative shall be notified of— 

(i) the right to obtain review of determinations described in paragraph (1) in an impartial due process 

hearing under paragraph (5); 

(ii) the right to pursue mediation with respect to 

the determinations under paragraph (4); 

(iii) the availability of assistance from the client 

assistance program under section 112; and 

(iv) any applicable State limit on the time by 

which a request for mediation under paragraph (4) or 

a hearing under paragraph (5) shall be made, and any 

required procedure by which the request shall be 

made. 

(B) TIMING.—Such notification shall be provided in 

writing— 

(i) at the time an individual applies for vocational 

rehabilitation services provided under this title; 

(ii) at the time the individualized plan for employment for the individual is developed; and 

(iii) upon reduction, suspension, or cessation of vocational rehabilitation services for the individual. 

(3) EVIDENCE AND REPRESENTATION.—The procedures required under this subsection shall, at a minimum— 

(A) provide an opportunity for an applicant or an eligible individual, or, as appropriate, the applicant’s representative or individual’s representative, to submit at the 

mediation session or hearing evidence and information to 

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Sec. 102 REHABILITATION ACT OF 1973 64 

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support the position of the applicant or eligible individual; 

and 

(B) include provisions to allow an applicant or an eligible individual to be represented in the mediation session 

or hearing by a person selected by the applicant or eligible 

individual. 

(4) MEDIATION.— (A) PROCEDURES.—Each State shall ensure that procedures are established and implemented under this subsection to allow parties described in paragraph (1) to disputes involving any determination described in paragraph 

(1) to resolve such disputes through a mediation process 

that, at a minimum, shall be available whenever a hearing 

is requested under this subsection. 

(B) REQUIREMENTS.—Such procedures shall ensure 

that the mediation process— 

(i) is voluntary on the part of the parties; 

(ii) is not used to deny or delay the right of an individual to a hearing under this subsection, or to deny 


any other right afforded under this title; and 


(iii) is conducted by a qualified and impartial mediator who is trained in effective mediation techniques. 


(C) LIST OF MEDIATORS.—The State shall maintain a 

list of individuals who are qualified mediators and knowledgeable in laws (including regulations) relating to the 

provision of vocational rehabilitation services under this 

title, from which the mediators described in subparagraph 

(B) shall be selected. 

(D) COST.—The State shall bear the cost of the mediation process. 

(E) SCHEDULING.—Each session in the mediation process shall be scheduled in a timely manner and shall be 

held in a location that is convenient to the parties to the 

dispute. 

(F) AGREEMENT.—An agreement reached by the parties to the dispute in the mediation process shall be set 

forth in a written mediation agreement. 

(G) CONFIDENTIALITY.—Discussions that occur during 

the mediation process shall be confidential and may not be 

used as evidence in any subsequent due process hearing or 

civil proceeding. The parties to the mediation process may 

be required to sign a confidentiality pledge prior to the 

commencement of such process. 

(H) CONSTRUCTION.—Nothing in this subsection shall 

be construed to preclude the parties to such a dispute from 

informally resolving the dispute prior to proceedings under 

this paragraph or paragraph (5), if the informal process 

used is not used to deny or delay the right of the applicant 

or eligible individual to a hearing under this subsection or 

to deny any other right afforded under this title. 

(5) HEARINGS.— 

(A) OFFICER.—A due process hearing described in 

paragraph (2) shall be conducted by an impartial hearing 

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65 REHABILITATION ACT OF 1973 Sec. 102 

officer who, on reviewing the evidence presented, shall 

issue a written decision based on the provisions of the approved State plan, requirements specified in this Act (including regulations implementing this Act), and State regulations and policies that are consistent with the Federal 

requirements specified in this title. The officer shall provide the written decision to the applicant or eligible individual, or, as appropriate, the applicant’s representative or 

individual’s representative, and to the designated State 

unit. The impartial hearing officer shall have the authority 

to render a decision and require actions regarding the applicant’s or eligible individual’s vocational rehabilitation 

services under this title. 

(B) LIST.—The designated State unit shall maintain a 

list of qualified impartial hearing officers who are knowledgeable about Federal laws (including regulations) relating to the provision of vocational rehabilitation services 

under this title from which the officer described in subparagraph (A) shall be selected. For the purposes of maintaining such list, impartial hearing officers shall be identified jointly by— 

(i) the designated State unit; and 

(ii) members of the Council or commission, as appropriate, described in section 101(a)(21). 

(C) SELECTION.—Such an impartial hearing officer 

shall be selected to hear a particular case relating to a determination— 

(i) on a random basis; or 

(ii) by agreement between— 

(I) the Director of the designated State unit 

and the individual with a disability; or 

(II) in appropriate cases, the Director and the 

individual’s representative. 

(D) PROCEDURES FOR SEEKING REVIEW.—A State may 

establish procedures to enable a party involved in a hearing under this paragraph to seek an impartial review of 

the decision of the hearing officer under subparagraph (A) 

by— 

(i) the chief official of the designated State agency 

if the State has established both a designated State 

agency and a designated State unit under section 

101(a)(2); or 

(ii) an official from the office of the Governor. 

(E) REVIEW REQUEST.—If the State establishes impartial review procedures under subparagraph (D), either 

party may request the review of the decision of the hearing 

officer within 20 days after the decision. 

(F) REVIEWING OFFICIAL.—The reviewing official described in subparagraph (D) shall— 

(i) in conducting the review, provide an opportunity for the submission of additional evidence and 

information relevant to a final decision concerning the 

matter under review; 

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Sec. 102 REHABILITATION ACT OF 1973 66 

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(ii) not overturn or modify the decision of the 


hearing officer, or part of the decision, that supports 


the position of the applicant or eligible individual unless the reviewing official concludes, based on clear 


and convincing evidence, that the decision of the impartial hearing officer is clearly erroneous on the basis 


of being contrary to the approved State plan, this Act 


(including regulations implementing this Act) or any 


State regulation or policy that is consistent with the 


Federal requirements specified in this title; 


(iii) make a final decision with respect to the matter in a timely manner and provide such decision in 


writing to the applicant or eligible individual, or, as 


appropriate, the applicant’s representative or individual’s representative, and to the designated State unit, 


including a full report of the findings and the grounds 


for such decision; and 


(iv) not delegate the responsibility for making the 


final decision to any officer or employee of the designated State unit. 


(G) FINALITY OF HEARING DECISION.—A decision made 

after a hearing under subparagraph (A) shall be final, except that a party may request an impartial review if the 

State has established procedures for such review under 

subparagraph (D) and a party involved in a hearing may 

bring a civil action under subparagraph (J). 

(H) FINALITY OF REVIEW.—A decision made under subparagraph (F) shall be final unless such a party brings a 

civil action under subparagraph (J). 

(I) IMPLEMENTATION.—If a party brings a civil action 

under subparagraph (J) to challenge a final decision of a 

hearing officer under subparagraph (A) or to challenge a 

final decision of a State reviewing official under subparagraph (F), the final decision involved shall be implemented 

pending review by the court. 

(J) CIVIL ACTION.— 

(i) IN GENERAL.—Any party aggrieved by a final 


decision described in subparagraph (I), may bring a 


civil action for review of such decision. The action may 


be brought in any State court of competent jurisdiction 


or in a district court of the United States of competent 


jurisdiction without regard to the amount in controversy. 


(ii) PROCEDURE.—In any action brought under this 


subparagraph, the court— 


(I) shall receive the records relating to the 

hearing under subparagraph (A) and the records 

relating to the State review under subparagraphs 

(D) through (F), if applicable; 

(II) shall hear additional evidence at the request of a party to the action; and 

(III) basing the decision of the court on the 

preponderance of the evidence, shall grant such 

relief as the court determines to be appropriate. 

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67 REHABILITATION ACT OF 1973 Sec. 102 

(6) HEARING BOARD.— 

(A) IN GENERAL.—A fair hearing board, established by 

a State before January 1, 1985, and authorized under 

State law to review determinations or decisions under this 

Act, is authorized to carry out the responsibilities of the 

impartial hearing officer under this subsection. 

(B) APPLICATION.—The provisions of paragraphs (1), 

(2), and (3) that relate to due process hearings do not 

apply, and paragraph (5) (other than subparagraph (J)) 

does not apply, to any State to which subparagraph (A) applies. 

(7) IMPACT ON PROVISION OF SERVICES.—Unless the individual with a disability so requests, or, in an appropriate case, 

the individual’s representative, so requests, pending a decision 

by a mediator, hearing officer, or reviewing officer under this 

subsection, the designated State unit shall not institute a suspension, reduction, or termination of services being provided 

for the individual, including evaluation and assessment services and plan development, unless such services have been obtained through misrepresentation, fraud, collusion, or criminal 

conduct on the part of the individual, or the individual’s representative. 

(8) INFORMATION COLLECTION AND REPORT.— 

(A) IN GENERAL.—The Director of the designated State 

unit shall collect information described in subparagraph 

(B) and prepare and submit to the Commissioner a report 

containing such information. 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. The Commissioner shall also 

collect copies of the final decisions of impartial hearing officers conducting hearings under this subsection and State 

officials conducting reviews under this subsection. 

(B) INFORMATION.—The information required to be collected under this subsection includes— 

(i) a copy of the standards used by State reviewing 

officials for reviewing decisions made by impartial 

hearing officers under this subsection; 

(ii) information on the number of hearings and reviews sought from the impartial hearing officers and 

the State reviewing officials, including the type of 

complaints and the issues involved; 

(iii) information on the number of hearing decisions made under this subsection that were not reviewed by the State reviewing officials; and 

(iv) information on the number of the hearing decisions that were reviewed by the State reviewing officials, and, based on such reviews, the number of hearing decisions that were— 

(I) sustained in favor of an applicant or eligible individual; 

(II) sustained in favor of the designated State 

unit; 

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Sec. 103 REHABILITATION ACT OF 1973 68 

(III) reversed in whole or in part in favor of 

the applicant or eligible individual; and 

(IV) reversed in whole or in part in favor of 

the designated State unit. 

(C) CONFIDENTIALITY.—The confidentiality of records 

of applicants and eligible individuals maintained by the 

designated State unit shall not preclude the access of the 

Commissioner to those records for the purposes described 

in subparagraph (A). 

(d) POLICIES AND PROCEDURES.—Each designated State agency, 

in consultation with the State Rehabilitation Council, if the State 

has such a council, shall, consistent with section 100(a)(3)(C), develop and implement written policies and procedures that enable 

each individual who is an applicant for or eligible to receive vocational rehabilitation services under this title to exercise informed 

choice throughout the vocational rehabilitation process carried out 

under this title, including policies and procedures that require the 

designated State agency— 

(1) to inform each such applicant and eligible individual 


(including students with disabilities who are making the transition from programs under the responsibility of an educational 


agency to programs under the responsibility of the designated 


State unit), through appropriate modes of communication, 


about the availability of, and opportunities to exercise, informed choice, including the availability of support services for 


individuals with cognitive or other disabilities who require assistance in exercising informed choice, throughout the vocational rehabilitation process; 


(2) to assist applicants and eligible individuals in exercising informed choice in decisions related to the provision of 


assessment services under this title; 


(3) to develop and implement flexible procurement policies 


and methods that facilitate the provision of services, and that 


afford eligible individuals meaningful choices among the methods used to procure services, under this title; 


(4) to provide or assist eligible individuals in acquiring information that enables those individuals to exercise informed 


choice under this title in the selection of— 


(A) the employment outcome; 

(B) the specific vocational rehabilitation services needed to achieve the employment outcome; 

(C) the entity that will provide the services; 

(D) the employment setting and the settings in which 

the services will be provided; and 

(E) the methods available for procuring the services; 

and 

(5) to ensure that the availability and scope of informed 


choice provided under this section is consistent with the obligations of the designated State agency under this title. 


ø29 U.S.C. 722¿ 

SEC. 103. VOCATIONAL REHABILITATION SERVICES. 

(a) VOCATIONAL REHABILITATION SERVICES FOR INDIVIDUALS.— 

Vocational rehabilitation services provided under this title are any 

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69 REHABILITATION ACT OF 1973 Sec. 103 

services described in an individualized plan for employment necessary to assist an individual with a disability in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the strengths, resources, priorities, concerns, abilities, 

capabilities, interests, and informed choice of the individual, including— 

(1) an assessment for determining eligibility and vocational rehabilitation needs by qualified personnel, including, if 

appropriate, an assessment by personnel skilled in rehabilitation technology; 

(2) counseling and guidance, including information and 

support services to assist an individual in exercising informed 

choice consistent with the provisions of section 102(d); 

(3) referral and other services to secure needed services 

from other agencies through agreements developed under section 101(a)(11), if such services are not available under this 

title; 

(4) job-related services, including job search and placement 

assistance, job retention services, followup services, and followalong services; 

(5) vocational and other training services, including the 

provision of personal and vocational adjustment services, 

books, tools, and other training materials, except that no training services provided at an institution of higher education shall 

be paid for with funds under this title unless maximum efforts 

have been made by the designated State unit and the individual to secure grant assistance, in whole or in part, from 

other sources to pay for such training; 

(6) to the extent that financial support is not readily available from a source (such as through health insurance of the individual or through comparable services and benefits consistent with section 101(a)(8)(A)), other than the designated 

State unit, diagnosis and treatment of physical and mental impairments, including— 

(A) corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition that constitutes a substantial impediment to 

employment, but is of such a nature that such correction 

or modification may reasonably be expected to eliminate or 

reduce such impediment to employment within a reasonable length of time; 

(B) necessary hospitalization in connection with surgery or treatment; 

(C) prosthetic and orthotic devices; 

(D) eyeglasses and visual services as prescribed by 

qualified personnel who meet State licensure laws and 

who are selected by the individual; 

(E) special services (including transplantation and dialysis), artificial kidneys, and supplies necessary for the 

treatment of individuals with end-stage renal disease; and 

(F) diagnosis and treatment for mental and emotional 

disorders by qualified personnel who meet State licensure 

laws; 

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Sec. 103 REHABILITATION ACT OF 1973 70 

(7) maintenance for additional costs incurred while participating in an assessment for determining eligibility and vocational rehabilitation needs or while receiving services under an 


individualized plan for employment; 


(8) transportation, including adequate training in the use 


of public transportation vehicles and systems, that is provided 


in connection with the provision of any other service described 


in this section and needed by the individual to achieve an employment outcome; 


(9) on-the-job or other related personal assistance services 


provided while an individual is receiving other services described in this section; 


(10) interpreter services provided by qualified personnel 


for individuals who are deaf or hard of hearing, and reader 


services for individuals who are determined to be blind, after 


an examination by qualified personnel who meet State licensure laws; 


(11) rehabilitation teaching services, and orientation and 


mobility services, for individuals who are blind; 


(12) occupational licenses, tools, equipment, and initial 


stocks and supplies; 


(13) technical assistance and other consultation services to 


conduct market analyses, develop business plans, and otherwise provide resources, to the extent such resources are authorized to be provided through the statewide workforce development system, to eligible individuals who are pursuing self-


employment or telecommuting or establishing a small business 


operation as an employment outcome; 


(14) rehabilitation technology, including telecommunications, sensory, and other technological aids and devices; 


(15) transition services for students with disabilities, that 


facilitate the transition from school to postsecondary life, such 


as achievement of an employment outcome in competitive integrated employment, or pre-employment transition services; 


(16) supported employment services; 

(17) customized employment; 

(18) encouraging qualified individuals who are eligible to 


receive services under this title to pursue advanced training in 


a science, technology, engineering, or mathematics (including 


computer science) field, medicine, law, or business; 


(19) services to the family of an individual with a disability 


necessary to assist the individual to achieve an employment 


outcome; and 


(20) specific post-employment services necessary to assist 


an individual with a disability to, retain, regain, or advance in 


employment. 


(b) VOCATIONAL REHABILITATION SERVICES FOR GROUPS OF INDIVIDUALS.—Vocational rehabilitation services provided for the benefit of groups of individuals with disabilities may also include the 

following: 

(1) In the case of any type of small business operated by 


individuals with significant disabilities the operation of which 


can be improved by management services and supervision provided by the designated State agency, the provision of such 


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71 REHABILITATION ACT OF 1973 Sec. 103 

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services and supervision, along or together with the acquisition 

by the designated State agency of vending facilities or other 

equipment and initial stocks and supplies. 

(2) The establishment, development, or improvement of 

community rehabilitation programs, including, under special 

circumstances, the construction of a facility. Such programs 

shall be used to provide services described in this section that 

promote integration into the community and that prepare individuals with disabilities for competitive integrated employment, including supported employment and customized employment. 

(3) The use of telecommunications systems (including telephone, television, satellite, radio, and other similar systems) 

that have the potential for substantially improving delivery 

methods of activities described in this section and developing 

appropriate programming to meet the particular needs of individuals with disabilities. 

(4)(A) Special services to provide nonvisual access to information for individuals who are blind, including the use of telecommunications, Braille, sound recordings, or other appropriate media. 

(B) Captioned television, films, or video cassettes for individuals who are deaf or hard of hearing. 

(C) Tactile materials for individuals who are deaf-blind. 

(D) Other special services that provide information 

through tactile, vibratory, auditory, and visual media. 

(5) Technical assistance to businesses that are seeking to 

employ individuals with disabilities. 

(6) Consultation and technical assistance services to assist 

State educational agencies and local educational agencies in 

planning for the transition of students with disabilities from 

school to postsecondary life, including employment. 

(7) Transition services to youth with disabilities and students with disabilities, for which a vocational rehabilitation 

counselor works in concert with educational agencies, providers 

of job training programs, providers of services under the Medicaid program under title XIX of the Social Security Act (42 

U.S.C. 1396 et seq.), entities designated by the State to provide 

services for individuals with developmental disabilities, centers 

for independent living (as defined in section 702), housing and 

transportation authorities, workforce development systems, 

and businesses and employers. 

(8) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under 

the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) 

to promote access to assistive technology for individuals with 

disabilities and employers. 

(9) Support (including, as appropriate, tuition) for advanced training in a science, technology, engineering, or mathematics (including computer science) field, medicine, law, or 

business, provided after an individual eligible to receive services under this title, demonstrates— 

(A) such eligibility; 

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Sec. 104 REHABILITATION ACT OF 1973 72 

(B) previous completion of a bachelor’s degree program 

at an institution of higher education or scheduled completion of such degree program prior to matriculating in the 

program for which the individual proposes to use the support; and 

(C) acceptance by a program at an institution of higher education in the United States that confers a master’s 

degree in a science, technology, engineering, or mathematics (including computer science) field, a juris doctor degree, a master of business administration degree, or a doctor of medicine degree, 

except that the limitations of subsection (a)(5) that apply to 

training services shall apply to support described in this paragraph, and nothing in this paragraph shall prevent any designated State unit from providing similar support to individuals with disabilities within the State who are eligible to receive support under this title and who are not served under 

this paragraph. 

ø29 U.S.C. 723¿ 

SEC. 104. NON-FEDERAL SHARE FOR ESTABLISHMENT OF PROGRAM 

OR CONSTRUCTION. 

For the purpose of determining the amount of payments to 

States for carrying out part B (or to an Indian tribe under part C), 

the non-Federal share, subject to such limitations and conditions as 

may be prescribed in regulations by the Commissioner, shall include contributions of funds made by any private agency, organization, or individual to a State or local agency to assist in meeting 

the costs of establishment of a community rehabilitation program 

or construction, under special circumstances, of a facility for such 

a program, which would be regarded as State or local funds except 

for the condition, imposed by the contributor, limiting use of such 

funds to establishment of such a program or construction of such 

a facility. 

ø29 U.S.C. 724¿ 

SEC. 105. STATE REHABILITATION COUNCIL. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—Except as provided in section 

101(a)(21)(A)(i), to be eligible to receive financial assistance 

under this title a State shall establish a State Rehabilitation 

Council (referred to in this section as the ‘‘Council’’) in accordance with this section. 

(2) SEPARATE AGENCY FOR INDIVIDUALS WHO ARE BLIND.— 

A State that designates a State agency to administer the part 

of the State plan under which vocational rehabilitation services 

are provided for individuals who are blind under section 

101(a)(2)(A)(i) may establish a separate Council in accordance 

with this section to perform the duties of such a Council with 

respect to such State agency. 

(b) COMPOSITION AND APPOINTMENT.— 

(1) COMPOSITION.— 

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73 REHABILITATION ACT OF 1973 Sec. 105 

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(A) IN GENERAL.—Except in the case of a separate 

Council established under subsection (a)(2), the Council 

shall be composed of— 

(i) at least one representative of the Statewide 


Independent Living Council established under section 


705, which representative may be the chairperson or 


other designee of the Council; 


(ii) at least one representative of a parent training 


and information center established pursuant to section 


671 of the Individuals with Disabilities Education Act; 


(iii) at least one representative of the client assistance program established under section 112; 


(iv) at least one qualified vocational rehabilitation 


counselor, with knowledge of and experience with vocational rehabilitation programs, who shall serve as 


an ex officio, nonvoting member of the Council if the 


counselor is an employee of the designated State agency; 


(v) at least one representative of community rehabilitation program service providers; 


(vi) four representatives of business, industry, and 


labor; 


(vii) representatives of disability advocacy groups 


representing a cross section of— 


(I) individuals with physical, cognitive, sensory, and mental disabilities; and 

(II) individuals’ representatives of individuals 

with disabilities who have difficulty in representing themselves or are unable due to their 

disabilities to represent themselves; 

(viii) current or former applicants for, or recipients of, vocational rehabilitation services; 


(ix) in a State in which one or more projects are 


funded under section 121, at least one representative 


of the directors of the projects located in such State; 


(x) at least one representative of the State educational agency responsible for the public education of 


students with disabilities who are eligible to receive 


services under this title and part B of the Individuals 


with Disabilities Education Act; and 


(xi) at least one representative of the State workforce development board. 


(B) SEPARATE COUNCIL.—In the case of a separate 

Council established under subsection (a)(2), the Council 

shall be composed of— 

(i) at least one representative described in subparagraph (A)(i); 


(ii) at least one representative described in subparagraph (A)(ii); 


(iii) at least one representative described in subparagraph (A)(iii); 


(iv) at least one vocational rehabilitation counselor 


described in subparagraph (A)(iv), who shall serve as 


described in such subparagraph; 


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Sec. 105 REHABILITATION ACT OF 1973 74 

(v) at least one representative described in subparagraph (A)(v); 

(vi) four representatives described in subparagraph (A)(vi); 

(vii) at least one representative of a disability advocacy group representing individuals who are blind; 

(viii) at least one individual’s representative, of an 

individual who— 

(I) is an individual who is blind and has multiple disabilities; and 

(II) has difficulty in representing himself or 

herself or is unable due to disabilities to represent 

himself or herself; 

(ix) applicants or recipients described in subparagraph (A)(viii); 

(x) in a State described in subparagraph (A)(ix), at 

least one representative described in such subparagraph; 

(xi) at least one representative described in subparagraph (A)(x); and 

(xii) at least one representative described in subparagraph (A)(xi). 

(C) EXCEPTION.—In the case of a separate Council established under subsection (a)(2), any Council that is required by State law, as in effect on the date of enactment 

of the Rehabilitation Act Amendments of 1992, to have 

fewer than 15 members shall be deemed to be in compliance with subparagraph (B) if the Council— 

(i) meets the requirements of subparagraph (B), 

other than the requirements of clauses (vi) and (ix) of 

such subparagraph; and 

(ii) includes at least— 

(I) one representative described in subparagraph (B)(vi); and 

(II) one applicant or recipient described in 

subparagraph (B)(ix). 

(2) EX OFFICIO MEMBER.—The Director of the designated 

State unit shall be an ex officio, nonvoting member of the 

Council. 

(3) APPOINTMENT.—Members of the Council shall be appointed by the Governor or, in the case of a State that, under 

State law, vests authority for the administration of the activities carried out under this Act in an entity other than the Governor (such as one or more houses of the State legislature or 

an independent board), the chief officer of that entity. The appointing authority shall select members after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities. In selecting members, the appointing authority shall consider, to 

the greatest extent practicable, the extent to which minority 

populations are represented on the Council. 

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75 REHABILITATION ACT OF 1973 Sec. 105 

(A) IN GENERAL.—A majority of Council members shall 

be persons who are— 

(i) individuals with disabilities described in section 7(20)(B); and 

(ii) not employed by the designated State unit. 

(B) SEPARATE COUNCIL.—In the case of a separate 

Council established under subsection (a)(2), a majority of 

Council members shall be persons who are— 

(i) blind; and 

(ii) not employed by the designated State unit. 

(5) CHAIRPERSON.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the Council shall select a chairperson from among the 

membership of the Council. 

(B) DESIGNATION BY CHIEF EXECUTIVE OFFICER.—In 

States in which the chief executive officer does not have 

veto power pursuant to State law, the appointing authority 

described in paragraph (3) shall designate a member of the 

Council to serve as the chairperson of the Council or shall 

require the Council to so designate such a member. 

(6) TERMS OF APPOINTMENT.— 

(A) LENGTH OF TERM.—Each member of the Council 

shall serve for a term of not more than 3 years, except 

that— 

(i) a member appointed to fill a vacancy occurring 

prior to the expiration of the term for which a predecessor was appointed, shall be appointed for the remainder of such term; and 

(ii) the terms of service of the members initially 

appointed shall be (as specified by the appointing authority described in paragraph (3)) for such fewer 

number of years as will provide for the expiration of 

terms on a staggered basis. 

(B) NUMBER OF TERMS.—No member of the Council, 

other than a representative described in clause (iii) or (ix) 

of paragraph (1)(A), or clause (iii) or (x) of paragraph 

(1)(B), may serve more than two consecutive full terms. 

(7) VACANCIES.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment. The vacancy shall not affect the power of the 

remaining members to execute the duties of the Council. 

(B) DELEGATION.—The appointing authority described 

in paragraph (3) may delegate the authority to fill such a 

vacancy to the remaining members of the Council after 

making the original appointment. 

(c) FUNCTIONS OF COUNCIL.—The Council shall, after consulting with the State workforce development board— 

(1) review, analyze, and advise the designated State unit 

regarding the performance of the responsibilities of the unit 

under this title, particularly responsibilities relating to— 

(A) eligibility (including order of selection); 

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Sec. 105 REHABILITATION ACT OF 1973 76 

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(B) the extent, scope, and effectiveness of services provided; and 


(C) functions performed by State agencies that affect 


or that potentially affect the ability of individuals with disabilities in achieving employment outcomes under this 


title; 


(2) in partnership with the designated State unit— 

(A) develop, agree to, and review State goals and priorities in accordance with section 101(a)(15)(C); and 


(B) evaluate the effectiveness of the vocational rehabilitation program and submit reports of progress to the 


Commissioner in accordance with section 101(a)(15)(E); 


(3) advise the designated State agency and the designated 

State unit regarding activities authorized to be carried out 

under this title, and assist in the preparation of the State plan 

and amendments to the plan, applications, reports, needs assessments, and evaluations required by this title; 

(4) to the extent feasible, conduct a review and analysis of 

the effectiveness of, and consumer satisfaction with— 

(A) the functions performed by the designated State 


agency; 


(B) vocational rehabilitation services provided by State 


agencies and other public and private entities responsible 


for providing vocational rehabilitation services to individuals with disabilities under this Act; and 


(C) employment outcomes achieved by eligible individuals receiving services under this title, including the availability of health and other employment benefits in connection with such employment outcomes; 


(5) prepare and submit an annual report to the Governor 

and the Commissioner on the status of vocational rehabilitation programs operated within the State, and make the report 

available to the public; 

(6) to avoid duplication of efforts and enhance the number 

of individuals served, coordinate activities with the activities of 

other councils within the State, including the Statewide Independent Living Council established under section 705, the advisory panel established under section 612(a)(20) of the Individuals with Disabilities Education Act, the State Council on 

Developmental Disabilities established under section 125 of the 

Developmental Disabilities Assistance and Bill of Rights Act of 

2000, the State mental health planning council established 

under section 1914(a) of the Public Health Service Act (42 

U.S.C. 300x– 3(a)) and the State workforce development board, 

and with the activities of entities carrying out programs under 

the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.); 

(7) provide for coordination and the establishment of working relationships between the designated State agency and the 

Statewide Independent Living Council and centers for independent living within the State; and 

(8) perform such other functions, consistent with the purpose of this title, as the State Rehabilitation Council determines to be appropriate, that are comparable to the other functions performed by the Council. 

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77 REHABILITATION ACT OF 1973 Sec. 106 

(d) RESOURCES.— (1) PLAN.—The Council shall prepare, in conjunction with 


the designated State unit, a plan for the provision of such resources, including such staff and other personnel, as may be 


necessary and sufficient to carry out the functions of the Council under this section. The resource plan shall, to the maximum 


extent possible, rely on the use of resources in existence during 


the period of implementation of the plan. 


(2) RESOLUTION OF DISAGREEMENTS.—To the extent that 


there is a disagreement between the Council and the designated State unit in regard to the resources necessary to carry 


out the functions of the Council as set forth in this section, the 


disagreement shall be resolved by the Governor consistent with 


paragraph (1). 


(3) SUPERVISION AND EVALUATION.—Each Council shall, 


consistent with State law, supervise and evaluate such staff 


and other personnel as may be necessary to carry out its functions under this section. 


(4) PERSONNEL CONFLICT OF INTEREST.—While assisting 


the Council in carrying out its duties, staff and other personnel 


shall not be assigned duties by the designated State unit or 


any other agency or office of the State, that would create a conflict of interest. 


(e) CONFLICT OF INTEREST.—No member of the Council shall 

cast a vote on any matter that would provide direct financial benefit to the member or otherwise give the appearance of a conflict 

of interest under State law. 

(f) MEETINGS.—The Council shall convene at least four meetings a year in such places as it determines to be necessary to conduct Council business and conduct such forums or hearings as the 

Council considers appropriate. The meetings, hearings, and forums 

shall be publicly announced. The meetings shall be open and accessible to the general public unless there is a valid reason for an executive session. 

(g) COMPENSATION AND EXPENSES.—The Council may use funds 

allocated to the Council by the designated State unit under this 

title (except for funds appropriated to carry out the client assistance program under section 112 and funds reserved pursuant to 

section 110(c) to carry out part C) to reimburse members of the 

Council for reasonable and necessary expenses of attending Council 

meetings and performing Council duties (including child care and 

personal assistance services), and to pay compensation to a member of the Council, if such member is not employed or must forfeit 

wages from other employment, for each day the member is engaged 

in performing the duties of the Council. 

(h) HEARINGS AND FORUMS.—The Council is authorized to hold 

such hearings and forums as the Council may determine to be necessary to carry out the duties of the Council. 

ø29 U.S.C. 725¿ 

SEC. 106. EVALUATION STANDARDS AND PERFORMANCE INDICATORS. 

(a) IN GENERAL.— 

(1) STANDARDS AND INDICATORS.—The evaluation standards and performance indicators for the vocational rehabilita-


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Sec. 107 REHABILITATION ACT OF 1973 78 

tion program carried out under this title shall be subject to the 

performance accountability provisions described in section 

116(b) of the Workforce Innovation and Opportunity Act. 

(2) ADDITIONAL PERFORMANCE ACCOUNTABILITY INDICATORS.—A State may establish and provide information on additional performance accountability indicators, which shall be 

identified in the State plan submitted under section 101. 

(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) on a biannual basis, review the program improvement efforts of the State and, if the State has not 

improved its performance to acceptable levels, as determined by the Commissioner, direct 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. 

ø29 U.S.C. 726¿ 

SEC. 107. MONITORING AND REVIEW. 

(a) IN GENERAL.— 

(1) DUTIES.—In carrying out the duties of the Commissioner under this title, the Commissioner shall— 

(A) provide for the annual review and periodic onsite 

monitoring of programs under this title; and 

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79 REHABILITATION ACT OF 1973 Sec. 107 

(B) determine whether, in the administration of the 

State plan, a State is complying substantially with the 

provisions of such plan and with evaluation standards and 

performance indicators established under section 106. 

(2) PROCEDURES FOR REVIEWS.—In conducting reviews 

under this section the Commissioner shall consider, at a minimum— 

(A) State policies and procedures; 

(B) guidance materials; 

(C) decisions resulting from hearings conducted in accordance with due process; 

(D) State goals established under section 101(a)(15) 

and the extent to which the State has achieved such goals; 

(E) plans and reports prepared under section 106(b); 

(F) consumer satisfaction reviews and analyses described in section 105(c)(4); 

(G) information provided by the State Rehabilitation 

Council established under section 105, if the State has 

such a Council, or by the commission described in section 

101(a)(21)(A)(i), if the State has such a commission; 

(H) reports; and 

(I) budget and financial management data. 

(3) PROCEDURES FOR MONITORING.—In conducting 

monitoring under this section the Commissioner shall conduct— 

(A) onsite visits, including onsite reviews of records to 

verify that the State is following requirements regarding 

the order of selection set forth in section 101(a)(5)(A); 

(B) public hearings and other strategies for collecting 

information from the public; 

(C) meetings with the State Rehabilitation Council, if 

the State has such a Council or with the commission described in section 101(a)(21)(A)(i), if the State has such a 

commission; 

(D) reviews of individual case files, including individualized plans for employment and ineligibility determinations; and 

(E) meetings with qualified vocational rehabilitation 

counselors and other personnel, including personnel of a 

client assistance program under section 112, and past or 

current recipients of vocational rehabilitation services. 

(4) AREAS OF INQUIRY.—In conducting the review and monitoring, the Commissioner shall examine— 

(A) the eligibility process, including the process related 

to the determination of ineligibility under section 

102(a)(5); 

(B) the provision of services, including supported employment services and pre-employment transition services, 

and, if applicable, the order of selection; 

(C) such other areas as may be identified by the public 

or through meetings with the State Rehabilitation Council, 

if the State has such a Council or with the commission described in section 101(a)(21)(A)(i), if the State has such a 

commission; 

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Sec. 107 REHABILITATION ACT OF 1973 80 

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(D) data reported under section 101(a)(10)(C)(i); and 

(E) such other areas of inquiry as the Commissioner 


may consider appropriate. 


(5) REPORTS.—If the Commissioner issues a report detailing the findings of an annual review or onsite monitoring conducted under this section, the report shall be made available 

to the State Rehabilitation Council, if the State has such a 

Council, for use in the development and modification of the 

State plan described in section 101. 

(b) TECHNICAL ASSISTANCE.—The Commissioner shall— 

(1) provide technical assistance to programs under this 

title regarding improving the quality of vocational rehabilitation services provided; 

(2) provide technical assistance and establish a corrective 

action plan for a program under this title if the Commissioner 

finds that the program fails to comply substantially with the 

provisions of the State plan, or with evaluation standards or 

performance indicators established under section 106, in order 

to ensure that such failure is corrected as soon as practicable; 

and 

(3) provide technical assistance to programs under this 

title to— 

(A) promote high-quality employment outcomes for individuals with disabilities; 


(B) integrate veterans who are individuals with disabilities into their communities and to support the veterans to obtain and retain competitive integrated employment; 


(C) develop, improve, and disseminate information on 


procedures, practices, and strategies, including for the 


preparation of personnel, to better enable individuals with 


intellectual disabilities and other individuals with disabilities to participate in postsecondary educational experiences and to obtain and retain competitive integrated employment; and 


(D) apply evidence-based findings to facilitate systemic 


improvements in the transition of youth with disabilities 


to postsecondary life. 


(c) FAILURE TO COMPLY WITH PLAN.— 

(1) WITHHOLDING PAYMENTS.—Whenever the Commissioner, after providing reasonable notice and an opportunity for 

a hearing to the State agency administering or supervising the 

administration of the State plan approved under section 101, 

finds that— 

(A) the plan has been so changed that it no longer 


complies with the requirements of section 101(a); or 


(B) in the administration of the plan there is a failure 


to comply substantially with any provision of such plan or 


with an evaluation standard or performance indicator established under section 106, 


the Commissioner shall notify such State agency that no further payments will be made to the State under this title (or, 

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81 REHABILITATION ACT OF 1973 Sec. 107 

January 7, 2016 

missioner shall prescribe, or that further payments will not be 

made to the State only for the projects under the parts of the 

State plan affected by such failure), until the Commissioner is 

satisfied there is no longer any such failure. 

(2) PERIOD.—Until the Commissioner is so satisfied, the 

Commissioner shall make no further payments to such State 

under this title (or shall reduce payments or limit payments to 

projects under those parts of the State plan in which there is 

no such failure). 

(3) DISBURSAL OF WITHHELD FUNDS.—The Commissioner 

may, in accordance with regulations the Secretary shall prescribe, disburse any funds withheld from a State under paragraph (1) to any public or nonprofit private organization or 

agency within such State or to any political subdivision of such 

State submitting a plan meeting the requirements of section 

101(a). The Commissioner may not make any payment under 

this paragraph unless the entity to which such payment is 

made has provided assurances to the Commissioner that such 

entity will contribute, for purposes of carrying out such plan, 

the same amount as the State would have been obligated to 

contribute if the State received such payment. 

(d) REVIEW.— (1) PETITION.—Any State that is dissatisfied with a final 

determination of the Commissioner under section 101(b) or 

subsection (c) may file a petition for judicial review of such determination in the United States Court of Appeals for the circuit in which the State is located. Such a petition may be filed 

only within the 30-day period beginning on the date that notice 

of such final determination was received by the State. The 

clerk of the court shall transmit a copy of the petition to the 

Commissioner or to any officer designated by the Commissioner for that purpose. In accordance with section 2112 of title 

28, United States Code, the Commissioner shall file with the 

court a record of the proceeding on which the Commissioner 

based the determination being appealed by the State. Until a 

record is so filed, the Commissioner may modify or set aside 

any determination made under such proceedings. 

(2) SUBMISSIONS AND DETERMINATIONS.—If, in an action 

under this subsection to review a final determination of the 

Commissioner under section 101(b) or subsection (c), the petitioner or the Commissioner applies to the court for leave to 

have additional oral submissions or written presentations 

made respecting such determination, the court may, for good 

cause shown, order the Commissioner to provide within 30 

days an additional opportunity to make such submissions and 

presentations. Within such period, the Commissioner may revise any findings of fact, modify or set aside the determination 

being reviewed, or make a new determination by reason of the 

additional submissions and presentations, and shall file such 

modified or new determination, and any revised findings of 

fact, with the return of such submissions and presentations. 

The court shall thereafter review such new or modified determination. 

(3) STANDARDS OF REVIEW.— 

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Sec. 108 REHABILITATION ACT OF 1973 82 

(A) IN GENERAL.—Upon the filing of a petition under 

paragraph (1) for judicial review of a determination, the 

court shall have jurisdiction— 

(i) to grant appropriate relief as provided in chapter 7 of title 5, United States Code, except for interim 

relief with respect to a determination under subsection 

(c); and 

(ii) except as otherwise provided in subparagraph 

(B), to review such determination in accordance with 

chapter 7 of title 5, United States Code. 

(B) SUBSTANTIAL EVIDENCE.—Section 706 of title 5, 

United States Code, shall apply to the review of any determination under this subsection, except that the standard 

for review prescribed by paragraph (2)(E) of such section 

706 shall not apply and the court shall hold unlawful and 

set aside such determination if the court finds that the determination is not supported by substantial evidence in the 

record of the proceeding submitted pursuant to paragraph 

(1), as supplemented by any additional submissions and 

presentations filed under paragraph (2). 

ø29 U.S.C. 727¿ 

SEC. 108. EXPENDITURE OF CERTAIN AMOUNTS. 

(a) EXPENDITURE.—Amounts described in subsection (b) may 

not be expended by a State for any purpose other than carrying out 

programs for which the State receives financial assistance under 

this title, under title VI, or under title VII. 

(b) AMOUNTS.—The amounts referred to in subsection (a) are 

amounts provided to a State under the Social Security Act (42 

U.S.C. 301 et seq.) as reimbursement for the expenditure of payments received by the State from allotments under section 110 of 

this Act. 

ø29 U.S.C. 728¿ 

SEC. 109. TRAINING AND SERVICES FOR EMPLOYERS. 

A State may expend payments received under section 111 to 

educate and provide services to employers who have hired or are 

interested in hiring individuals with disabilities under programs 

carried out under this title, including— 

(1) providing training and technical assistance to employers regarding the employment of individuals with disabilities, 

including disability awareness, and the requirements of the 

Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 

seq.) and other employment-related laws; 

(2) working with employers to— 

(A) provide opportunities for work-based learning experiences (including internships, short-term employment, 

apprenticeships, and fellowships), and opportunities for 

pre-employment transition services; 

(B) recruit qualified applicants who are individuals 

with disabilities; 

(C) train employees who are individuals with disabilities; and 

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83 REHABILITATION ACT OF 1973 Sec. 110 

(D) promote awareness of disability-related obstacles 

to continued employment; 

(3) providing consultation, technical assistance, and support to employers on workplace accommodations, assistive 

technology, and facilities and workplace access through collaboration with community partners and employers, across States 

and nationally, to enable the employers to recruit, job match, 

hire, and retain qualified individuals with disabilities who are 

recipients of vocational rehabilitation services under this title, 

or who are applicants for such services; and 

(4) assisting employers with utilizing available financial 

support for hiring or accommodating individuals with disabilities. 

ø29 U.S.C. 728a¿ 

PART B—BASIC VOCATIONAL REHABILITATION SERVICES 

STATE ALLOTMENTS 

SEC. 110. (a)(1) Subject to the provisions of subsections (c) and 

(d),, 8 for each fiscal year beginning before October 1, 1978, each 

State shall be entitled to an allotment of an amount bearing the 

same ratio to the amount authorized to be appropriated under section 100(b)(1) for allotment under this section as the product of— 

(A) the population of the State; and 

(B) the square of its allotment percentage, 

bears to the sum of the corresponding products for all the States. 

(2)(A) For each fiscal year beginning on or after October 1, 

1978, each State shall be entitled to an allotment in an amount 

equal to the amount such State received under paragraph (1) for 

the fiscal year ending September 30, 1978, and an additional 

amount determined pursuant to subparagraph (B) of this paragraph. 

(B) For each fiscal year beginning on or after October 1, 1978, 

each State shall be entitled to an allotment, from any amount authorized to be appropriated for such fiscal year under section 

100(b)(1) for allotment under this section in excess of the amount 

appropriated under section 100(b)(1)(A) for the fiscal year ending 

September 30, 1978, in an amount equal to the sum of— 

(i) an amount bearing the same ratio to 50 percent of such 

excess amount as the product of the population of the State 

and the square of its allotment percentage bears to the sum of 

the corresponding products for all the States; and 

(ii) an amount bearing the same ratio to 50 percent of such 

excess amount as the product of the population of the State 

and its allotment percentage bears to the sum of the corresponding products for all the States. 

(3) The sum of the payment to any State (other than Guam, 

American Samoa, the Virgin Islands, and the Commonwealth of the 

Northern Mariana Islands) under this subsection for any fiscal year 

which is less than 1⁄3 of 1 percent of the amount appropriated under section 100(b)(1), or $3,000,000, whichever is greater, shall 

be increased to that amount, the total of the increases thereby re8 Two commas so in law. See amendment made by section 419(1) of Public Law 113–128 

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January 7, 2016 

Sec. 111 REHABILITATION ACT OF 1973 84 

quired being derived by proportionately reducing the allotment to 

each of the remaining such States under this subsection, but with 

such adjustments as may be necessary to prevent the sum of the 

allotments made under this subsection to any such remaining State 

from being thereby reduced to less than that amount. 

(b)(1) Not later than 45 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 

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 such other State will 

be able to use such additional amount during that fiscal year or the 

subsequent fiscal year for carrying out such purposes. The Commissioner shall make such amount available only if such other State 

will be able to make sufficient payments from non-Federal sources 

to pay for the non-Federal share of the cost of vocational rehabilitation services under the State plan for the fiscal year for which the 

amount was appropriated. 

(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. 

(c)(1) For fiscal year 2015 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 C. 

(2) The sum referred to in paragraph (1) shall be, as determined by the Secretary, not less than 1 percent and not more than 

1.5 percent of the amount referred to in paragraph (1), for each of 

fiscal years 2015 through 2020. 

(d)(1) From any State allotment under subsection (a) for a fiscal year, the State shall reserve not less than 15 percent of the allotted funds for the provision of pre-employment transition services. 

(2) Such reserved funds shall not be used to pay for the administrative costs of providing pre-employment transition services. 

ø29 U.S.C. 730¿ 

PAYMENTS TO STATES 

SEC. 111. (a)(1) Except as provided in paragraph (2), from each 

State’s allotment under this part for any fiscal year, 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) of 

section 110 for such year. 

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85 REHABILITATION ACT OF 1973 Sec. 112 

(B) The amount otherwise payable to a State for a fiscal year 

under this section shall be reduced by the amount by which expenditures from non-Federal sources under the State plan under 

this title for any previous fiscal year are less than the total of such 

expenditures for the second fiscal year preceding that previous fiscal year. 

(C) The Commissioner may waive or modify any requirement 

or limitation under subparagraph (B) or section 101(a)(17) if the 

Commissioner determines that a waiver or modification is an equitable response to exceptional or uncontrollable circumstances affecting the State. 

(3)(A) Except as provided in subparagraph (B), the amount of 

a payment under this section with respect to any construction 

project in any State shall be equal to the same percentage of the 

cost of such project as the Federal share that is applicable in the 

case of rehabilitation facilities (as defined in section 645(g) of the 

Public Health Service Act (42 U.S.C. 291o(a))) 9, in such State. 

(B) If the Federal share with respect to rehabilitation facilities 

in such State is determined pursuant to section 645(b)(2) of such 

Act (42 U.S.C. 291o(b)(2)), the percentage of the cost for purposes 

of this section shall be determined in accordance with regulations 

prescribed by the Commissioner designed to achieve as nearly as 

practicable results comparable to the results obtained under such 

section. 

(b) The method of computing and paying amounts pursuant to 

subsection (a) shall be as follows: 

(1) The Commissioner shall, prior to the beginning of each 

calendar quarter or other period prescribed by the Commissioner, estimate the amount to be paid to each State under the 

provisions of such subsection for such period, such estimate to 

be based on such records of the State and information furnished by it, and such other investigation as the Commissioner 

may find necessary. 

(2) The Commissioner shall pay, from the allotment available therefor, the amount so estimated by the Commissioner 

for such period, reduced or increased, as the case may be, by 

any sum (not previously adjusted under this paragraph) by 

which the Commissioner finds that the estimate of the amount 

to be paid the State for any prior period under such subsection 

was greater or less than the amount which should have been 

paid to the State for such prior period under such subsection. 

Such payment shall be made prior to audit or settlement by 

the General Accounting Office, shall be made through the disbursing facilities of the Treasury Department, and shall be 

made in such installments as the Commissioner may determine. 

ø29 U.S.C. 731¿ 

CLIENT ASSISTANCE PROGRAM 

SEC. 112. (a) From funds appropriated under subsection (h), 

the Secretary shall, in accordance with this section, make grants 

9 So in law. Should be ‘‘(42 U.S.C. 291o(g)))’’. 

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Sec. 112 REHABILITATION ACT OF 1973 86 

to States to establish and carry out client assistance programs to 

provide assistance in informing and advising all clients and client 

applicants of all available benefits under this Act, including under 

sections 113 and 511, and, upon request of such clients or client applicants, to assist and advocate for such clients or applicants in 

their relationships with projects, programs, and services provided 

under this Act, including assistance and advocacy in pursuing 

legal, administrative, or other appropriate remedies to ensure the 

protection of the rights of such individuals under this Act and to 

facilitate access to the services funded under this Act through individual and systemic advocacy. The client assistance program shall 

provide information on the available services and benefits under 

this Act and title I of the Americans with Disabilities Act of 1990 

(42 U.S.C. 12111 et seq.) to individuals with disabilities in the 

State, especially with regard to individuals with disabilities who 

have traditionally been unserved or underserved by vocational rehabilitation programs. In providing assistance and advocacy under 

this subsection with respect to services under this title, a client assistance program may provide the assistance and advocacy with respect to services that are directly related to facilitating the employment of the individual. 

(b) No State may receive payments from its allotment under 

this Act in any fiscal year unless the State has in effect a client 

assistance program which— 

(1) has the authority to pursue legal, administrative, and 

other appropriate remedies to ensure the protection of rights of 

individuals with disabilities who are receiving treatments, 

services, or rehabilitation under this Act within the State; and 

(2) meets the requirements of designation under subsection 

(c). 

(c)(1)(A) The Governor shall designate a public or private agency to conduct the client assistance program under this section. Except as provided in the last sentence of this subparagraph, the Governor shall designate an agency which is independent of any agency which provides treatment, services, or rehabilitation to individuals under this Act. If there is an agency in the State which has, 

or had, prior to the date of enactment of the Rehabilitation Amendments of 1984, served as a client assistance agency under this section and which received Federal financial assistance under this 

Act, the Governor may, in the initial designation, designate an 

agency which provides treatment, services, or rehabilitation to individuals with disabilities under this Act. 

(B)(i) The Governor may not redesignate the agency designated 

under subparagraph (A) without good cause and unless— 

(I) the Governor has given the agency 30 days notice of the 

intention to make such redesignation, including specification of 

the good cause for such redesignation and an opportunity to respond to the assertion that good cause has been shown; 

(II) individuals with disabilities or the individuals’ representatives have timely notice of the redesignation and opportunity for public comment; and 

(III) the agency has the opportunity to appeal to the Commissioner on the basis that the redesignation was not for good 

cause. 

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87 REHABILITATION ACT OF 1973 Sec. 112 

(ii) If, after the date of enactment of the Rehabilitation Act 

Amendments of 1998— 

(I) a designated State agency undergoes any change in the 

organizational structure of the agency that results in the creation of one or more new State agencies or departments or results in the merger of the designated State agency with one or 

more other State agencies or departments; and 

(II) an agency (including an office or other unit) within the 

designated State agency was conducting a client assistance 

program before the change under the last sentence of subparagraph (A), 

the Governor shall redesignate the agency conducting the program. 

In conducting the redesignation, the Governor shall designate to 

conduct the program an agency that is independent of any agency 

that provides treatment, services, or rehabilitation to individuals 

with disabilities under this Act. 

(2) In carrying out the provisions of this section, the Governor 

shall consult with the director of the State vocational rehabilitation 

agency, the head of the developmental disability protection and advocacy agency, and with representatives of professional and consumer organizations serving individuals with disabilities in the 

State. 

(3) The agency designated under this subsection shall be accountable for the proper use of funds made available to the agency. 

(d) The agency designated under subsection (c) of this section 

may not bring any class action in carrying out its responsibilities 

under this section. 

(e)(1)(A) After reserving funds under subparagraphs (E) and 

(F), the Secretary shall allot the remainder of the sums appropriated for each fiscal year under this section among the States on 

the basis of relative population of each State, except that no State 

shall receive less than $50,000. 

(B) The Secretary shall allot $30,000 each to American Samoa, 

Guam, the Virgin Islands, and the Commonwealth of the Northern 

Mariana Islands. 

(C) For the purpose of this paragraph, the term ‘‘State’’ does 

not include American Samoa, Guam, the Virgin Islands, and the 

Commonwealth of the Northern Mariana Islands. 

(D)(i) In any fiscal year that the funds appropriated for such fiscal year exceed $7,500,000, the minimum allotment shall be 

$100,000 for States and $45,000 for territories. 

(ii) For any fiscal year in which the total amount appropriated 

under subsection (h) exceeds the total amount appropriated under 

such subsection for the preceding fiscal year, the Secretary shall increase each of the minimum allotments under clause (i) by a percentage that shall not exceed the percentage increase in the total 

amount appropriated under such subsection between the preceding 

fiscal year and the fiscal year involved. 

(E)(i) The Secretary shall reserve funds appropriated under 

subsection (h) to make a grant to the protection and advocacy system serving the American Indian Consortium to provide services in 

accordance with this section. The amount of such a grant shall be 

the same amount as is provided to a territory under this subsection. 

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Sec. 112 REHABILITATION ACT OF 1973 88 

(ii) In this subparagraph: 

(I) The term ‘‘American Indian Consortium’’ has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 

15002). 

(II) The term ‘‘protection and advocacy system’’ means a 

protection and advocacy system established under subtitle C of 

title I of the Developmental Disabilities Assistance and Bill of 

Rights Act of 2000 (42 U.S.C. 15041 et seq.). 

(F) For any fiscal year for which the amount appropriated under subsection (h) equals or exceeds $14,000,000, the Secretary 

may reserve not less than 1.8 percent and not more than 2.2 percent of such amount to provide a grant for training and technical 

assistance for the programs established under this section. Such 

training and technical assistance shall be coordinated with activities provided under section 509(c)(1)(A). 

(2) The amount of an allotment to a State for a fiscal year 

which the Secretary determines will not be required by the State 

during the period for which it is available for the purpose for which 

allotted shall be available for reallotment by the Secretary at appropriate times to other States with respect to which such a determination has not been made, in proportion to the original allotments of such States for such fiscal year, but with such proportionate amount for any of such other States being reduced to the 

extent it exceeds the sum the Secretary estimates such State needs 

and will be able to use during such period, and the total of such 

reduction shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any such amount so reallotted to a State for a fiscal year shall be deemed to be a part of 

its allotment for such fiscal year. 

(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). 

(f) No grant may be made under this section unless the State 

submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary deems necessary to meet the requirements of this section. 

(g) The Secretary shall prescribe regulations applicable to the 

client assistance program which shall include the following requirements: 

(1) No employees of such programs shall, while so employed, serve as staff or consultants of any rehabilitation 

project, program, or facility receiving assistance under this Act 

in the State. 

(2) Each program shall be afforded reasonable access to 

policymaking and administrative personnel in the State and 

local rehabilitation programs, projects, or facilities. 

(3)(A) Each program shall contain provisions designed to 

assure that to the maximum extent possible alternative means 

of dispute resolution are available for use at the discretion of 

an applicant or client of the program prior to resorting to litigation or formal adjudication to resolve a dispute arising under 

this section. 

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89 REHABILITATION ACT OF 1973 Sec. 113 

(B) In subparagraph (A), the term ‘‘alternative means of 

dispute resolution’’ means any procedure, including good faith 

negotiation, conciliation, facilitation, mediation, factfinding, 

and arbitration, and any combination of procedures, that is 

used in lieu of litigation in a court or formal adjudication in 

an administrative forum, to resolve a dispute arising under 

this section. 

(4) For purposes of any periodic audit, report, or evaluation of the performance of a client assistance program under 

this section, the Secretary shall not require such a program to 

disclose the identity of, or any other personally identifiable information related to, any individual requesting assistance 

under such program. 

(h) There are authorized to be appropriated to carry out the 

provisions of this section— 

(1) $12,000,000 for fiscal year 2015; 

(2) $12,927,000 for fiscal year 2016; 

(3) $13,195,000 for fiscal year 2017; 

(4) $13,488,000 for fiscal year 2018; 

(5) $13,805,000 for fiscal year 2019; and 

(6) $14,098,000 for fiscal year 2020. 


ø29 U.S.C. 732¿ 


SEC. 113. PROVISION OF PRE-EMPLOYMENT TRANSITION SERVICES. 

(a) IN GENERAL.—From the funds reserved under section 

110(d), and any funds made available from State, local, or private 

funding sources, each State shall ensure that the designated State 

unit, in collaboration with the local educational agencies involved, 

shall provide, or arrange for the provision of, pre-employment transition services for all students with disabilities in need of such 

services who are eligible or potentially eligible for services under 

this title. 

(b) REQUIRED ACTIVITIES.—Funds available under subsection 

(a) shall be used to make available to students with disabilities described in subsection (a)— 

(1) job exploration counseling; 

(2) work-based learning experiences, which may include inschool or after school opportunities, or experience outside the 

traditional school setting (including internships), that is provided in an integrated environment to the maximum extent 

possible; 

(3) counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs 

at institutions of higher education; 

(4) workplace readiness training to develop social skills 

and independent living; and 

(5) instruction in self-advocacy, which may include peer 

mentoring. 

(c) AUTHORIZED ACTIVITIES.—Funds available under subsection 

(a) and remaining after the provision of the required activities described in subsection (b) may be used to improve the transition of 

students with disabilities described in subsection (a) from school to 

postsecondary education or an employment outcome by— 

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Sec. 113 REHABILITATION ACT OF 1973 90 

(1) implementing effective strategies to increase the likelihood of independent living and inclusion in communities and 

competitive integrated workplaces; 

(2) developing and improving strategies for individuals 

with intellectual disabilities and individuals with significant 

disabilities to live independently, participate in postsecondary 

education experiences, and obtain and retain competitive integrated employment; 

(3) providing instruction to vocational rehabilitation counselors, school transition personnel, and other persons supporting students with disabilities; 

(4) disseminating information about innovative, effective, 

and efficient approaches to achieve the goals of this section; 

(5) coordinating activities with transition services provided 

by local educational agencies under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); 

(6) applying evidence-based findings to improve policy, procedure, practice, and the preparation of personnel, in order to 

better achieve the goals of this section; 

(7) developing model transition demonstration projects; 

(8) establishing or supporting multistate or regional partnerships involving States, local educational agencies, designated State units, developmental disability agencies, private 

businesses, or other participants to achieve the goals of this 

section; and 

(9) disseminating information and strategies to improve 

the transition to postsecondary activities of individuals who 

are members of traditionally unserved populations. 

(d) PRE-EMPLOYMENT TRANSITION COORDINATION.—Each local 

office of a designated State unit shall carry out responsibilities consisting of— 

(1) attending individualized education program meetings 

for students with disabilities, when invited; 

(2) working with the local workforce development boards, 

one-stop centers, and employers to develop work opportunities 

for students with disabilities, including internships, summer 

employment and other employment opportunities available 

throughout the school year, and apprenticeships; 

(3) work with schools, including those carrying out activities under section 614(d)(1)(A)(i)(VIII) of the Individuals with 

Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)), to 

coordinate and ensure the provision of pre-employment transition services under this section; and 

(4) when invited, attend person-centered planning meetings for individuals receiving services under title XIX of the 

Social Security Act (42 U.S.C. 1396 et seq.). 

(e) NATIONAL PRE-EMPLOYMENT TRANSITION COORDINATION.— 

The Secretary shall support designated State agencies providing 

services under this section, highlight best State practices, and consult with other Federal agencies to advance the goals of this section. 

(f) SUPPORT.—In carrying out this section, States shall address 

the transition needs of all students with disabilities, including such 

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91 REHABILITATION ACT OF 1973 Sec. 121 

students with physical, sensory, intellectual, and mental health 

disabilities. 

ø29 U.S.C. 733¿ 

PART C—AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES 

VOCATIONAL REHABILITATION SERVICES GRANTS 

SEC. 121. (a) The Commissioner, in accordance with the provisions of this part, may make grants to the governing bodies of Indian tribes located on Federal and State reservations (and consortia of such governing bodies) to pay 90 percent of the costs of 

vocational rehabilitation services for American Indians who are individuals with disabilities residing on or near such reservations (referred to in this section as ‘‘eligible individuals’’), consistent with 

such eligible individuals’ strengths, resources, priorities, concerns, 

abilities, capabilities, interests, and informed choice, so that such 

individuals may prepare for, and engage in, high-quality employment that will increase opportunities for economic self-sufficiency. 

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. 

(b)(1) No grant may be made under this part for any fiscal year 

unless an application therefor has been submitted to and approved 

by the Commissioner. The Commissioner may not approve an application unless the application— 

(A) is made at such time, in such manner, and contains 

such information as the Commissioner may require; 

(B) contains assurances that the rehabilitation services 

provided under this part to American Indians who are individuals with disabilities residing on or near a reservation in a 

State shall be, to the maximum extent feasible, comparable to 

rehabilitation services provided under this title to other individuals with disabilities residing in the State and that, where 

appropriate, may include services traditionally used by Indian 

tribes; 

(C) contains assurances that the application was developed 

in consultation with the designated State unit of the State; and 

(D) 10 contains assurances that— 

(i) all decisions affecting eligibility for vocational 

rehabilitation services, the nature and scope of available vocational rehabilitation services and the provision of such services will, consistent with this title, be 

made by a representative of the tribal vocational rehabilitation program funded through the grant; and 

(ii) such decisions will not be delegated to another 

agency or individual. 

(2) The provisions of sections 5, 6, 7, and 102(a) of the Indian 

Self-Determination and Education Assistance Act shall be applicable to any application submitted under this part. For purposes of 

this paragraph, any reference in any such provision to the Secretary of Education or to the Secretary of the Interior shall be considered to be a reference to the Commissioner. 

10 The margin of subparagraph (D) so in law. 

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January 7, 2016 

Sec. 131 REHABILITATION ACT OF 1973 92 

(3) Any application approved under this part shall be effective 

for not more than 60 months, except as determined otherwise by 

the Commissioner pursuant to prescribed regulations. The State 

shall continue to provide vocational rehabilitation services under 

its State plan to American Indians residing on or near a reservation whenever such State includes any such American Indians in 

its State population under section 110(a)(1). 

(4) In making grants under this part, the Secretary shall give 

priority consideration to applications for the continuation of programs which have been funded under this part. 

(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)(1) From the funds appropriated and made available to carry 

out this part for any fiscal year, beginning with fiscal year 2015, 

the Commissioner shall first reserve not less than 1.8 percent and 

not more than 2 percent of the funds to provide training and technical assistance to governing bodies described in subsection (a) for 

such fiscal year. 

(2) From the funds reserved under paragraph (1), the Commissioner shall make grants to, or enter into contracts or other cooperative agreements with, entities that have experience in the operation of vocational rehabilitation services programs under this section to provide such training and technical assistance with respect 

to developing, conducting, administering, and evaluating such programs. 

(3) The Commissioner shall conduct a survey of the governing 

bodies regarding training and technical assistance needs in order 

to determine funding priorities for such grants, contracts, or cooperative agreements. 

(4) To be eligible to receive a grant or enter into a contract or 

cooperative agreement under this section, such an entity shall submit an application to the Commissioner at such time, in such manner, and containing a proposal to provide such training and technical assistance, and containing such additional information as the 

Commissioner may require. The Commissioner shall provide for 

peer review of applications by panels that include persons who are 

not government employees and who have experience in the operation of vocational rehabilitation services programs under this section. 

(d) The term ‘‘reservation’’ includes Indian reservations, public 

domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the 

Alaska Native Claims Settlement Act. 

ø29 U.S.C. 741¿ 

PART D—VOCATIONAL REHABILITATION SERVICES CLIENT
 

INFORMATION
 

SEC. 131. DATA SHARING. 

(a) IN GENERAL.— 

(1) MEMORANDUM OF UNDERSTANDING.—The Secretary of 


Education and the Secretary of Health and Human Services 


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93 REHABILITATION ACT OF 1973 Sec. 200 

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 Innovation and Opportunity Act. 

(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. 

ø29 U.S.C. 751¿ 

TITLE II—RESEARCH AND TRAINING 

DECLARATION OF PURPOSE 

SEC. 200. The purpose of this title is to— 

(1) provide for research, demonstration projects, training, 

technical assistance, and related activities to maximize the full 

inclusion and integration into society, employment, independent living, family support, and economic and social selfsufficiency of individuals with disabilities of all ages, with particular emphasis on improving the effectiveness of services authorized under this Act; 

(2) provide for a comprehensive and coordinated approach 

to the support and conduct of such research, demonstration 

projects, training, technical assistance, and related activities 

and to ensure that the approach is in accordance with the 5-

year plan developed under section 202(h); 

(3) promote the transfer and use of rehabilitation technology to individuals with disabilities, in a timely and efficient 

manner, through research and demonstration projects relating 

to— 

(A) the procurement process for the purchase of rehabilitation technology; 

(B) the utilization of rehabilitation technology on a national basis; 

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Sec. 201 REHABILITATION ACT OF 1973 94 

(C) specific adaptations or customizations of products 

to enable individuals with disabilities to live more independently; and 

(D) the development or transfer of assistive technology; 

(4) ensure the widespread dissemination, in usable formats, of practical scientific and technological information— 

(A) generated by research, demonstration projects, 

training, and related activities; and 

(B) regarding state-of-the-art practices, improvements 

in the services authorized under this Act, rehabilitation 

technology, and new knowledge regarding disabilities, 

to rehabilitation professionals, individuals with disabilities, 

and other interested parties, including the general public; 

(5) identify effective strategies that enhance the opportunities of individuals with disabilities, including individuals with 

intellectual and psychiatric disabilities, to engage in employment, including employment involving telecommuting and selfemployment; 

(6) identify strategies for effective coordination of services 

to job seekers with disabilities available through programs of 

one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act; 

(7) increase opportunities for researchers who are members of traditionally underserved populations, including researchers who are members of minority groups and researchers 

who are individuals with disabilities; and 

(8) identify effective strategies for supporting the employment of individuals with disabilities in competitive integrated 

employment. 

ø29 U.S.C. 760¿ 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this title 

$103,970,000 for fiscal year 2015, $112,001,000 for fiscal year 2016, 

$114,325,000 for fiscal year 2017, $116,860,000 for fiscal year 2018, 

$119,608,000 for fiscal year 2019, and $122,143,000 for fiscal year 

2020. 

ø29 U.S.C. 761¿ 

NATIONAL INSTITUTE ON DISABILITY, INDEPENDENT LIVING, AND 

REHABILITATION RESEARCH 

SEC. 202. (a)(1) There is established within the Administration 

for Community Living of the Department of Health and Human 

Services a National Institute on Disability, Independent Living, 

and Rehabilitation Research (referred to in this title as the ‘‘Institute’’), which shall be headed by a Director (hereinafter in this title 

referred to as the ‘‘Director’’), in order to— 

(A) promote, coordinate, and provide for— 

(i) research; 

(ii) demonstration projects, training, and technical assistance; 

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95 REHABILITATION ACT OF 1973 Sec. 202 

(iii) outreach and information that clarifies research 

implications for policy and practice; and 

(iv) related activities, 

with respect to individuals with disabilities; 

(B) more effectively carry out activities through the programs under section 204 and activities under this section; 

(C) widely disseminate information from the activities described in subparagraphs (A) and (B); and 

(D) provide leadership in advancing the quality of life of 

individuals with disabilities. 

(2) In the performance of the functions of the office, the Director shall be directly responsible to the Administrator for the Administration for Community Living of the Department of Health 

and Human Services. 

(b) The Director, through the Institute, shall be responsible 

for— 

(1) administering the programs described in section 204 

and activities under this section; 

(2) widely disseminating findings, conclusions, and recommendations, resulting from research, demonstration 

projects, training, and related activities (referred to in this title 

as ‘‘covered activities’’) funded by the Institute, to— 

(A) other Federal, State, tribal, and local public agencies; 

(B) private organizations engaged in research relating 

to— 

(i) independent living; 

(ii) rehabilitation; or 

(iii) providing rehabilitation or independent living 

services; 

(C) rehabilitation practitioners; and 

(D) individuals with disabilities and the individuals’ 

representatives; 

(3) coordinating, through the Interagency Committee established by section 203 of this Act, all Federal programs and 

policies relating to research on disability, independent living, 

and rehabilitation; 

(4) widely disseminating educational materials and research results, concerning ways to maximize the full inclusion 

and integration into society, employment, independent living, 

education, health and wellness, family support, and economic 

and social self-sufficiency of individuals with disabilities, to— 

(A) public and private entities, including— 

(i) elementary schools and secondary schools (as 

defined in section 8101 of the Elementary and Secondary Education Act of 1965); and 

(ii) institutions of higher education; 

(B) rehabilitation practitioners; 

(C) employers and organizations representing employers with respect to employment-based educational materials or research; 

(D) individuals with disabilities (especially such individuals who are members of minority groups or of popuJanuary 7, 2016 As Amended Through P.L. 114-95, Enacted December 10, 2015 

 

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Sec. 202 REHABILITATION ACT OF 1973 96 

January 7, 2016 

lations that are unserved or underserved by programs 


under this Act); 


(E) the individuals’ representatives for the individuals 


described in subparagraph (D); and 


(F) the Committee on Education and the Workforce of 


the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee 


on Health, Education, Labor, and Pensions of the Senate, 


and the Committee on Appropriations of the Senate; 


(5)(A) conducting an education program to inform the public about ways of providing for the rehabilitation of individuals 

with disabilities, including information relating to— 

(i) family care; 

(ii) self-care; and 

(iii) assistive technology devices and assistive technology services; and 


(B) as part of the program, disseminating engineering information about assistive technology devices; 

(6) conducting conferences, seminars, and workshops (including in-service training programs and programs for individuals with disabilities) concerning advances in disability, independent living, and rehabilitation research and rehabilitation 

technology (including advances concerning the selection and 

use of assistive technology devices and assistive technology 

services), pertinent to the full inclusion and integration into society, employment, independent living, education, health and 

wellness, family support, and economic and social self-sufficiency of individuals with disabilities; 

(7) producing, in conjunction with the Department of 

Labor, the National Center for Health Statistics, the Bureau of 

the Census, the Centers for Medicare & Medicaid Services, the 

Social Security Administration, the Bureau of Indian Affairs, 

the Indian Health Service, and other Federal departments and 

agencies, as may be appropriate, statistical reports and studies 

on the employment, self-employment, telecommuting, health 

and wellness, income, education, and other demographic characteristics of individuals with disabilities, including information on individuals with disabilities who live in rural or innercity settings, with particular attention given to underserved 

populations, and widely disseminating such reports and studies 

to rehabilitation professionals, individuals with disabilities, the 

individuals’ representatives, and others to assist in the planning, assessment, and evaluation of independent living, vocational, and rehabilitation services for individuals with disabilities; 

(8) conducting research on consumer satisfaction with 

independent living and vocational rehabilitation services for 

the purpose of identifying effective independent living and rehabilitation programs and policies that promote the independence of individuals with disabilities and achievement of longterm independent living and employment goals; 

(9) conducting research to examine the relationship between the provision of specific services and successful, sustained employment outcomes, including employment outcomes 

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January 7, 2016 

97 REHABILITATION ACT OF 1973 Sec. 202 

involving self-employment, supported employment (including 


customized employment), and telecommuting; and 


(10) coordinating activities with the Attorney General regarding the provision of information, training, or technical assistance regarding the Americans with Disabilities Act of 1990 


(42 U.S.C. 12101 et seq.) to ensure consistency with the plan 


for technical assistance required under section 506 of such Act 


(42 U.S.C. 12206). 


(c)(1) The Director, acting through the Institute or one or more 


entities funded by the Institute, shall provide for the development 

and dissemination of models to address consumer-driven information needs related to assistive technology devices and assistive 

technology services. 

(2) The development and dissemination of models may include— 

(A) convening groups of individuals with disabilities, family members and advocates of such individuals, commercial 


producers of assistive technology, and entities funded by the 


Institute to develop, assess, and disseminate knowledge about 


information needs related to assistive technology; 


(B) identifying the types of information regarding assistive 


technology devices and assistive technology services that individuals with disabilities find especially useful; 


(C) evaluating current models, and developing new models, 


for transmitting the information described in subparagraph (B) 


to consumers and to commercial producers of assistive technology; and 


(D) disseminating through one or more entities funded by 


the Institute, the models described in subparagraph (C) and 


findings regarding the information described in subparagraph 


(B) to consumers and commercial producers of assistive technology. 


(d)(1) The Director of the Institute shall be appointed by the 


Secretary. The Director shall be an individual with substantial 

knowledge of and experience in independent living, rehabilitation, 

and research administration. 

(2) The Director, subject to the approval of the President, may 

appoint, for terms not to exceed three years, without regard to the 

provisions of title 5, United States Code, governing appointment in 

the competitive service, and may compensate, without regard to the 

provisions of chapter 51 and subchapter III of chapter 53 of such 

title relating to classification and General Schedule pay rates, such 

technical and professional employees of the Institute as the Director determines to be necessary to accomplish the functions of the 

Institute and also appoint and compensate without regard to such 

provisions, in a number not to exceed one-fifth of the number of 

full-time, regular technical and professional employees of the Institute. 

(3) The Director may obtain the services of consultants, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. 

(e) The Director, pursuant to regulations which the Secretary 

shall prescribe, may establish and maintain fellowships with such 

stipends and allowances, including travel and subsistence expenses 

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Sec. 202 REHABILITATION ACT OF 1973 98 

provided for under title 5, United States Code, as the Director considers necessary to procure the assistance of highly qualified research fellows, including individuals with disabilities, from the 

United States and foreign countries. 

(f)(1) The Director shall provide for scientific peer review of all 

applications for financial assistance for research, training, and 

demonstration projects over which the Director has authority. The 

scientific peer review shall be conducted by individuals who are not 

Department of Health and Human Services employees. The Secretary shall consider for peer review individuals who are scientists 

or other experts in disability, independent living, and rehabilitation, including individuals with disabilities and the individuals’ 

representatives, and who have sufficient expertise to review the 

projects. 

(2) In providing for such scientific peer review, the Secretary 

shall provide for training, as necessary and appropriate, to facilitate the effective participation of those individuals selected to participate in such review. 

(g) Not less than 90 percent of the funds appropriated under 

this title for any fiscal year shall be expended by the Director to 

carry out activities under this title through grants, contracts, or cooperative agreements. Up to 10 percent of the funds appropriated 

under this title for any fiscal year may be expended directly for the 

purpose of carrying out the functions of the Director under this section. 

(h)(1) The Director shall— 

(A) by October 1, 1998, and every fifth October 1 thereafter, prepare and publish in the Federal Register for public 


comment a draft of a 5-year plan that outlines priorities for 


disability, independent living, and rehabilitation research, 


demonstration projects, training, dissemination, and related activities and explains the basis for such priorities; 


(B) by June 1, 1999, and every fifth June 1 thereafter, 


after considering public comments, submit the plan in final 


form to the appropriate committees of Congress; 


(C) at appropriate intervals, prepare and submit revisions 


in the plan to the appropriate committees of Congress; and 


(D) annually prepare and submit progress reports on the 


plan to the appropriate committees of Congress. 


(2) Such plan shall— 

(A) identify any covered activity that should be conducted 


under this section and section 204 respecting the full inclusion 


and integration into society of individuals with disabilities, especially in the areas of employment and independent living; 


(B) determine the funding priorities for covered activities 


to be conducted under this section and section 204; 


(C) specify appropriate goals and timetables for covered activities to be conducted under this section and section 204; 


(D) be coordinated with the strategic plan required under 


section 203(c)— 


(i) after consultation with the Disability, Independent 

Living, and Rehabilitation Research Advisory Council established under section 205; 

(ii) in coordination with the Administrator; 

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99 REHABILITATION ACT OF 1973 Sec. 202 

(iii) after consultation with the National Council on 

Disability established under title IV, the Secretary of Education, officials responsible for the administration of the 

Developmental Disabilities Assistance and Bill of Rights 

Act of 2000, and the Interagency Committee on Disability 

Research established under section 203; and 

(iv) after full consideration of the input of individuals 

with disabilities and the individuals’ representatives, organizations representing individuals with disabilities, providers of services furnished under this Act, researchers in 

the independent living and rehabilitation fields, and any 

other persons or entities the Director considers to be appropriate; 

(E) be developed by the Director; 

(F) specify plans for widespread dissemination of the results of covered activities, and information that clarifies implications of the results for practice, in accessible formats, to rehabilitation practitioners, individuals with disabilities, and the 

individuals’ representatives; and 

(G) specify plans for widespread dissemination of the results of covered activities and information that clarifies implications of the results for practice that concern individuals with 

disabilities who are members of minority groups or of populations that are unserved or underserved by programs carried 

out under this Act. 

(i) In order to promote cooperation among Federal departments 

and agencies conducting research programs, the Director shall consult with the administrators of such programs, and with the Interagency Committee established by section 203, regarding the design 

of research projects conducted by such entities and the results and 

applications of such research. 

(j)(1) The Director shall take appropriate actions to provide for 

a comprehensive and coordinated research program under this 

title. In providing such a program, the Director may undertake 

joint activities with other Federal entities engaged in research and 

with appropriate private entities. Any Federal entity proposing to 

establish any research project related to the purposes of this Act 

shall consult, through the Interagency Committee established by 

section 203, with the Director as Chairperson of such Committee 

and provide the Director with sufficient prior opportunity to comment on such project. 

(2) Any person responsible for administering any program of 

the National Institutes of Health, the Department of Veterans Affairs, the National Science Foundation, the National Aeronautics 

and Space Administration, the Office of Special Education and Rehabilitative Services, or of any other Federal entity, shall, through 

the Interagency Committee established by section 203, consult and 

cooperate with the Director in carrying out such program if the 

program is related to the purposes of this title. 

(k) The Director shall make grants to institutions of higher 

education for the training of independent living and rehabilitation 

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Sec. 203 REHABILITATION ACT OF 1973 100 

scribed in section 21, with particular attention to research areas 

that— 

(1) support the implementation and objectives of this Act; 

and 

(2) improve the effectiveness of services authorized under 

this Act. 

(l)(1) Not later than December 31 of each year, the Director 

shall prepare, and submit to the Secretary, the Committee on 

Health, Education, Labor, and Pensions of the Senate, and the 

Committee on Education and the Workforce of the House of Representatives, a report on the activities funded under this title. 

(2) The report under paragraph (1) shall include— 

(A) a compilation and summary of the information provided by recipients of funding for such activities under this 

title; 

(B) a summary describing the funding received under this 

title and the progress of the recipients of the funding in achieving the measurable goals described in section 204(d)(2); and 

(C) a summary of implications of research outcomes on 

practice. 

(m)(1) If the Director determines that an entity that receives 

funding under this title fails to comply with the applicable requirements of this Act, or to make progress toward achieving the measurable goals described in section 204(d)(2), with respect to the covered activities involved, the Director shall utilize available monitoring and enforcement measures. 

(2) As part of the annual report required under subsection (l), 

the Secretary shall describe each action taken by the Secretary 

under paragraph (1) and the outcomes of such action. 

ø29 U.S.C. 762¿ 

INTERAGENCY COMMITTEE 

SEC. 203. (a)(1) In order to promote coordination and cooperation among Federal departments and agencies conducting disability, independent living, and rehabilitation research programs, 

including programs relating to assistive technology research and 

research that incorporates the principles of universal design, there 

is established within the Federal Government an Interagency Committee on Disability Research (hereinafter in this section referred 

to as the ‘‘Committee’’), chaired by the Secretary, or the Secretary’s 

designee, and comprised of such members as the President may 

designate, including the following (or their designees): the Director, 

the Commissioner of the Rehabilitation Services Administration, 

the Assistant Secretary for Special Education and Rehabilitative 

Services, the Assistant Secretary of Labor for Disability Employment Policy, the Secretary of Defense, the Administrator of the Administration for Community Living, the Secretary of Education, the 

Secretary of Veterans Affairs, the Director of the National Institutes of Health, the Director of the National Institute of Mental 

Health, the Administrator of the National Aeronautics and Space 

Administration, the Secretary of Transportation, the Assistant Secretary of the Interior for Indian Affairs, the Director of the Indian 

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101 REHABILITATION ACT OF 1973 Sec. 203 

Health Service, the Director of the National Science Foundation 

and the Administrator of the Small Business Administration. 

(2) The Committee shall meet not less than four times each 

year, and for not less than 1 of such meetings at least every 2 

years, the Committee shall invite policymakers, representatives 

from other Federal agencies conducting relevant research, individuals with disabilities, organizations representing individuals with 

disabilities, researchers, and providers, to offer input on the Committee’s work, including the development and implementation of 

the strategic plan required under subsection (c). 

(b)(1) After receiving input from individuals with disabilities, 

the Committee shall identify, assess, and seek to coordinate all 

Federal programs, activities, and projects, and plans for such programs, activities, and projects with respect to the conduct of research (including assistive technology research and research that 

incorporates the principles of universal design) related to independent living and rehabilitation of individuals with disabilities. 

(2) In carrying out its duties with respect to the conduct of 

Federal research (including assistive technology research and research that incorporates the principles of universal design) related 

to rehabilitation of individuals with disabilities, the Committee 

shall— 

(A) share information regarding the range of assistive 

technology research, independent living research, and research 

that incorporates the principles of universal design, that is 

being carried out by members of the Committee and other Federal departments and organizations; 

(B) identify, and make efforts to address, gaps in assistive 

technology research, independent living research, and research 

that incorporates the principles of universal design that are 

not being adequately addressed; 

(C) identify, and establish, clear research priorities related 

to assistive technology research and research that incorporates 

the principles of universal design for the Federal Government; 

(D) promote interagency collaboration and joint research 

activities relating to assistive technology research, independent 

living research, and research that incorporates the principles of 

universal design at the Federal level, and reduce unnecessary 

duplication of effort regarding these types of research within 

the Federal Government; and 

(E) optimize the productivity of Committee members 

through resource sharing and other cost-saving activities, related to assistive technology research, independent living research, and research that incorporates the principles of universal design. 

(c)(1) The Committee shall develop a comprehensive government wide strategic plan for disability, independent living, and rehabilitation research. 

(2) The strategic plan shall include, at a minimum— 

(A) a description of the— 

(i) measurable goals and objectives; 

(ii) existing resources each agency will devote to carrying out the plan; 

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Sec. 203 REHABILITATION ACT OF 1973 102 

(iii) timetables for completing the projects outlined in 

the plan; and 

(iv) assignment of responsible individuals and agencies 

for carrying out the research activities; 

(B) research priorities and recommendations; 

(C) a description of how funds from each agency will be 


combined, as appropriate, for projects administered among 


Federal agencies, and how such funds will be administered; 


(D) the development and ongoing maintenance of a search-


able government wide inventory of disability, independent living, and rehabilitation research for trend and data analysis 


across Federal agencies; 


(E) guiding principles, policies, and procedures, consistent 


with the best research practices available, for conducting and 


administering disability, independent living, and rehabilitation 


research across Federal agencies; and 


(F) a summary of underemphasized and duplicative areas 


of research. 


(3) The strategic plan described in this subsection shall be submitted to the President and the Committee on Health, Education, 

Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. 

(d) Not later than December 31 of each year, the Committee 

shall prepare and submit, to the President and to the Committee 

on Education and the Workforce of the House of Representatives 

and the Committee on Health, Education, Labor, and Pensions of 

the Senate, a report that— 

(1) describes the progress of the Committee in fulfilling the 


duties described in subsections (b) and (c), and including specifically for subsection (c)— 


(A) a report of the progress made in implementing the 

strategic plan, including progress toward implementing the 

elements described in subsection (c)(2)(A); and 

(B) detailed budget information. 

(2) makes such recommendations as the Committee determines to be appropriate with respect to coordination of policy 


and development of objectives and priorities for all Federal programs relating to the conduct of research (including assistive 


technology research and research that incorporates the principles of universal design) related to rehabilitation of individuals with disabilities; and 


(3) describes the activities that the Committee recommended to be funded through grants, contracts, cooperative 


agreements, and other mechanisms, for assistive technology research and development and research and development that 


incorporates the principles of universal design. 


(e) In this section— 

(1) the terms ‘‘assistive technology’’ and ‘‘universal design’’ 


have the meanings given the terms in section 3 of the Assistive 


Technology Act of 1998; and 


(2) the term ‘‘independent living’’, used in connection with 


research, means research on issues and topics related to attaining maximum self-sufficiency and function by individuals 


with disabilities, including research on assistive technology 


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103 REHABILITATION ACT OF 1973 Sec. 204 

and universal design, employment, education, health and 


wellness, and community integration and participation. 


ø29 U.S.C. 763¿ 


RESEARCH AND OTHER COVERED ACTIVITIES 

SEC. 204. (a)(1) To the extent consistent with priorities established in the 5-year plan described in section 202(h), the Director 

may make grants to and contracts with States and public or private agencies and organizations, including institutions of higher 

education, Indian tribes, and tribal organizations, to fund part of 

the cost of projects for the purpose of planning and conducting research, demonstration projects, training, and related activities, the 

purposes of which are to develop methods, procedures, and rehabilitation technology, that have practical applications and maximize 

the full inclusion and integration into society, employment, education, independent living, health and wellness, family support, 

and economic and social self-sufficiency of individuals with disabilities, especially individuals with the most significant disabilities, 

and improve the effectiveness of services authorized under this Act. 

(2)(A) In carrying out this section, the Director shall emphasize 

projects that support the implementation of titles I, III, V, VI, and 

VII, including projects addressing the needs described in the State 

plans submitted under section 101 or 704 by State agencies and 

from which the research findings, conclusions, or recommendations 

can be transferred to practice. 

(B) Such projects, as described in the State plans submitted by 

State agencies, may include— 

(i) medical and other scientific, technical, methodological, 


and other investigations into the nature of disability, methods 


of analyzing it, and restorative techniques, including basic research where related to rehabilitation techniques or services; 


(ii) studies and analyses of factors related to industrial, vocational, educational, employment, social, recreational, psychiatric, psychological, economic, and health and wellness variables affecting individuals with disabilities, including traditionally underserved populations as described in section 21, and 


how those variables affect such individuals’ ability to live independently and their participation in the work force; 


(iii) studies and analysis of special problems of individuals 


who have significant challenges engaging in community life 


outside their homes and individuals who are in institutional 


settings; 


(iv) studies, analyses, and demonstrations of architectural 


and engineering design adapted to meet the special needs of 


individuals with disabilities, including the principles of universal design and the interoperability of products and services; 


(v) studies, analyses, and other activities related to supported employment, and to promoting employment opportunities in competitive integrated employment; 


(vi) related activities which hold promise of increasing 


knowledge and improving methods in the rehabilitation of individuals with disabilities and individuals with the most significant disabilities, particularly individuals with disabilities, and 


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Sec. 204 REHABILITATION ACT OF 1973 104 

individuals with the most significant disabilities, who are 


members of populations that are unserved or underserved by 


programs under this Act; 


(vii) studies, analyses, and other activities related to job 


accommodations, including the use of rehabilitation engineering, assistive technology, and communications technology; and 


(viii) studies, analyses, and other activities affecting employment outcomes as defined in section 7(11), including self-


employment and telecommuting, of individuals with disabilities. 


(3) In carrying out this section, the Director shall emphasize 

covered activities that include plans for— 

(A) dissemination of high-quality materials, of scientifically 


valid research results, or of findings, conclusions, and recommendations resulting from covered activities, including 


through electronic means (such as the website of the Department of Health and Human Services), so that such information 


is available in a timely manner to the general public; or 


(B) the commercialization of marketable products, research 


results, or findings, resulting from the covered activities. 


(b)(1) In addition to carrying out projects under subsection (a), 


the Director may make grants under this subsection (referred to in 

this subsection as ‘‘research grants’’) to pay part or all of the cost 

of the research or other specialized covered activities described in 

paragraphs (2) through (17). A research grant made under any of 

paragraphs (2) through (17) may only be used in a manner consistent with priorities established in the 5-year plan described in 

section 202(h). 

(2)(A) Research grants may be used for the establishment and 

support of Rehabilitation Research and Training Centers, for the 

purpose of providing an integrated program of research, which Centers shall— 

(i) be operated in collaboration with institutions of higher 


education, providers of rehabilitation services, developers or 


providers of assistive technology devices, assistive technology 


services, or information technology devices or services, as appropriate, or providers of other appropriate services; and 


(ii) serve as centers of national excellence and national or 


regional resources for individuals with disabilities, as well as 


providers, educators, and researchers. 


(B) The Centers shall conduct research and training activities 

by— 

(i) conducting coordinated and advanced programs of research in independent living and rehabilitation targeted toward the production of new knowledge that will improve independent living and rehabilitation methodology and service delivery systems, maximize health and function (including alleviating or stabilizing conditions, or preventing secondary conditions), and promote maximum social and economic independence of individuals with disabilities, including promoting the 


ability of the individuals to prepare for, secure, retain, regain, 


or advance in employment; 


(ii) conducting research in, and dissemination of, employer-


based practices to facilitate the identification, recruitment, ac-


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105 REHABILITATION ACT OF 1973 Sec. 204 

commodation, advancement, and retention of qualified individuals with disabilities; 


(iii) providing training (including graduate, pre-service, 


and in-service training) to assist individuals to more effectively 


provide independent living and rehabilitation services; 


(iv) providing training (including graduate, pre-service, 


and in-service training) for independent living and rehabilitation research personnel and other independent living and rehabilitation personnel; 


(v) serving as an informational and technical assistance resource to individuals with disabilities, as well as to providers, 


educators, and researchers, by providing outreach and information that clarifies research implications for practice and identifies potential new areas of research; and 


(vi) developing practical applications for the research findings of the Centers. 


(C) The research to be carried out at each such Center may include— 

(i) basic or applied medical rehabilitation research, including research on assistive technology devices, assistive technology services, and accessible electronic and information technology devices; 


(ii) research regarding the psychological, social, and economic aspects of independent living and rehabilitation, including disability policy; 


(iii) continuation of research that promotes the emotional, 


social, educational, and functional growth of children who are 


individuals with disabilities, as well as their integration in 


school, employment, and community activities; 


(iv) continuation of research to develop and evaluate interventions, policies, and services that support families of those 


children and adults who are individuals with disabilities; 


(v) continuation of research that will improve services and 


policies that foster the independence and social integration of 


individuals with disabilities, and enable individuals with disabilities, including individuals with intellectual disabilities and 


other developmental disabilities, to live in their communities; 


and 


(vi) research, dissemination, and technical assistance, on 


best practices in vocational rehabilitation, including supported 


employment and other strategies to promote competitive integrated employment for persons with the most significant disabilities. 


(D) Training of students preparing to be independent living or 

rehabilitation personnel or to provide independent living, rehabilitative, assistive, or supportive services (such as rehabilitation counseling, personal care services, direct care, job coaching, aides in 

school based settings, or advice or assistance in utilizing assistive 

technology devices, assistive technology services, and accessible 

electronic and information technology devices and services) shall be 

an important priority for each such Center. 

(E) The Director shall make grants under this paragraph to establish and support both centers dealing with multiple disabilities 

and centers primarily focused on particular disabilities. 

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Sec. 204 REHABILITATION ACT OF 1973 106 

(F) Grants made under this paragraph may be used to provide 

funds for services rendered by such a Center to individuals with 

disabilities in connection with the research and training activities. 

(G) Grants made under this paragraph may be used to provide 

faculty support for teaching— 

(i) independent living and rehabilitation-related courses of 

study for credit; and 

(ii) other courses offered by the Centers, either directly or 

through another entity. 

(H) The research and training activities conducted by such a 

Center shall be conducted in a manner that is accessible to and usable by individuals with disabilities. 

(I) In awarding grants under this paragraph, the Director shall 

take into consideration the location of any proposed Center and the 

appropriate geographic and regional allocation of such Centers. 

(J) To be eligible to receive a grant under this paragraph, each 

such institution or provider described in subparagraph (A) shall— 

(i) be of sufficient size, scope, and quality to effectively 

carry out the activities in an efficient manner consistent with 

appropriate Federal and State law; and 

(ii) demonstrate the ability to carry out the training activities either directly or through another entity that can provide 

such training. 

(K) The Director shall make grants under this paragraph for 

periods of 5 years, except that the Director may make a grant for 

a period of less than 5 years if— 

(i) the grant is made to a new recipient; or 

(ii) the grant supports new or innovative research. 

(L) Grants made under this paragraph shall be made on a competitive basis. To be eligible to receive a grant under this paragraph, a prospective grant recipient shall submit an application to 

the Director at such time, in such manner, and containing such information as the Director may require. 

(M) In conducting scientific peer review under section 202(f) of 

an application for the renewal of a grant made under this paragraph, the peer review panel shall take into account the past performance of the applicant in carrying out the grant and input from 

individuals with disabilities and the individuals’ representatives. 

(N) An institution or provider that receives a grant under this 

paragraph to establish such a Center may not collect more than 15 

percent of the amount of the grant received by the Center in indirect cost charges. 

(3)(A) Research grants may be used for the establishment and 

support of Rehabilitation Engineering Research Centers, operated 

by or in collaboration with institutions of higher education or nonprofit organizations, to conduct research or demonstration activities, and training activities, regarding independent living strategies 

and rehabilitation technology, including rehabilitation engineering, 

assistive technology devices, and assistive technology services, for 

the purposes of enhancing opportunities for better meeting the 

needs of, and addressing the barriers confronted by, individuals 

with disabilities in all aspects of their lives. 

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107 REHABILITATION ACT OF 1973 Sec. 204 

(B) In order to carry out the purposes set forth in subparagraph (A), such a Center shall carry out the research or demonstration activities by— 

(i) developing and disseminating innovative methods of applying advanced technology, scientific achievement, and psychological and social knowledge to— 

(I) solve independent living and rehabilitation problems and remove environmental barriers through planning 

and conducting research, including cooperative research 

with public or private agencies and organizations, designed 

to produce new scientific knowledge, and new or improved 

methods, equipment, and devices; and 

(II) study new or emerging technologies, products, or 

environments, and the effectiveness and benefits of such 

technologies, products, or environments; 

(ii) demonstrating and disseminating— 

(I) innovative models for the delivery, to rural and 

urban areas, of cost-effective rehabilitation technology 

services that promote utilization of assistive technology devices; and 

(II) other scientific research to assist in meeting the 

educational, employment, and independent living needs of 

individuals with significant disabilities; or 

(iii) conducting research or demonstration activities that 

facilitate service delivery systems change by demonstrating, 

evaluating, documenting, and disseminating— 

(I) consumer responsive and individual and family-centered innovative models for the delivery to both rural and 

urban areas, of innovative cost-effective rehabilitation 

technology services that promote utilization of rehabilitation technology; and 

(II) other scientific research to assist in meeting the 

educational, employment, and independent living needs of, 

and addressing the barriers confronted by, individuals 

with disabilities, including individuals with significant disabilities. 

(C) To the extent consistent with the nature and type of research or demonstration activities described in subparagraph (B), 

each Center established or supported through a grant made available under this paragraph shall— 

(i) cooperate with programs established under the Assistive Technology Act of 1998 and other regional and local programs to provide information to individuals with disabilities 

and the individuals’ representatives to— 

(I) increase awareness and understanding of how rehabilitation technology can address their needs; and 

(II) increase awareness and understanding of the 

range of options, programs, services, and resources available, including financing options for the technology and 

services covered by the area of focus of the Center; 

(ii) provide training opportunities to individuals, including 

individuals with disabilities, to become researchers of rehabilitation technology and practitioners of rehabilitation technology 

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Sec. 204 REHABILITATION ACT OF 1973 108 

in conjunction with institutions of higher education and nonprofit organizations; and 


(iii) respond, through research or demonstration activities, 


to the needs of individuals with all types of disabilities who 


may benefit from the application of technology within the area 


of focus of the Center. 


(D)(i) In establishing Centers to conduct the research or demonstration activities described in subparagraph (B)(iii), the Director 

may establish one Center in each of the following areas of focus: 

(I) Early childhood services, including early intervention 


and family support. 


(II) Education at the elementary and secondary levels, including transition from school to postsecondary education, competitive integrated employment, and other age-appropriate activities. 


(III) Employment, including supported employment, and 


reasonable accommodations and the reduction of environmental barriers as required by the Americans with Disabilities 


Act of 1990 (42 U.S.C. 12101 et seq.) and title V. 


(IV) Independent living, including transition from institutional to community living, maintenance of community living 


on leaving the workforce, self-help skills, and activities of daily 


living. 


(ii) Each Center conducting the research or demonstration activities described in subparagraph (B)(iii) shall have an advisory 

committee, of which the majority of members are individuals with 

disabilities who are users of rehabilitation technology, and the individuals’ representatives. 

(E) Grants made under this paragraph shall be made on a 

competitive basis and shall be for a period of 5 years, except that 

the Director may make a grant for a period of less than 5 years 

if— 

(i) the grant is made to a new recipient; or 

(ii) the grant supports new or innovative research. 

(F) To be eligible to receive a grant under this paragraph, a 

prospective grant recipient shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. 

(G) Each Center established or supported through a grant 

made available under this paragraph shall— 

(i) cooperate with State agencies and other local, State, regional, and national programs and organizations developing or 


delivering rehabilitation technology, including State programs 


funded under the Assistive Technology Act of 1998; and 


(ii) prepare and submit to the Director as part of an application for continuation of a grant, or as a final report, a report 


that documents the outcomes of the program of the Center in 


terms of both short- and long-term impact on the lives of individuals with disabilities, the impact of any commercialized 


product researched or developed through the Center, and such 


other information as may be requested by the Director. 


(4)(A) Research grants may be used to conduct a program for 


spinal cord injury research, including conducting such a program 

by making grants to public or private agencies and organizations 

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109 REHABILITATION ACT OF 1973 Sec. 204 

to pay part or all of the costs of special projects and demonstration 

projects for spinal cord injuries, that will— 

(i) ensure widespread dissemination of research findings 


among all Spinal Cord Injury Centers, to rehabilitation practitioners, individuals with spinal cord injury, the individuals’ 


representatives, and organizations receiving financial assistance under this paragraph; 


(ii) provide encouragement and support for initiatives and 


new approaches by individual and institutional investigators; 


and 


(iii) establish and maintain close working relationships 


with other governmental and voluntary institutions and organizations engaged in similar efforts in order to unify and coordinate scientific efforts, encourage joint planning, and promote the interchange of data and reports among spinal cord injury investigations. 


(B) Any agency or organization carrying out a project or demonstration project assisted by a grant under this paragraph that 

provides services to individuals with spinal cord injuries shall— 

(i) establish, on an appropriate regional basis, a multidisciplinary system of providing independent living, employment, 


and other rehabilitation services, specifically designed to meet 


the unique needs of individuals with spinal cord injuries, including social and functional needs, and acute care as well as 


periodic inpatient or outpatient followup and services; 


(ii) demonstrate and evaluate the benefits to individuals 


with spinal cord injuries served in, and the degree of cost-effectiveness of, such a regional system; 


(iii) demonstrate and evaluate existing, new, and improved 


methods and rehabilitation technology essential to the care, 


management, and rehabilitation of individuals with spinal cord 


injuries; and 


(iv) demonstrate and evaluate methods of community outreach for individuals with spinal cord injuries and community 


education in connection with the problems of such individuals 


in areas such as housing, transportation, recreation, employment, education, health and wellness, and community activities. 


(C) In awarding grants under this paragraph, the Director 

shall take into account the location of any proposed Spinal Cord Injury Center and the appropriate geographic and regional allocation 

of such Centers. 

(5) Research grants may be used to conduct a program for endstage renal disease research, to include support of projects and 

demonstrations for providing special services (including transplantation and dialysis), artificial kidneys, and supplies necessary for 

the rehabilitation of individuals with such disease and which will— 

(A) ensure dissemination of research findings; 

(B) provide encouragement and support for initiatives and 


new approaches by individuals and institutional investigators; 


and 


(C) establish and maintain close working relationships 


with other governmental and voluntary institutions and organizations engaged in similar efforts, 


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Sec. 204 REHABILITATION ACT OF 1973 110 

in order to unify and coordinate scientific efforts, encourage joint 

planning, and promote the interchange of data and reports among 

investigators in the field of end-stage renal disease. No person 

shall be selected to participate in such program who is eligible for 

services for such disease under any other provision of law. 

(6) Research grants may be used to conduct a program for 

international rehabilitation research, demonstration, and training 

for the purpose of developing new knowledge and methods in the 

rehabilitation of individuals with disabilities in the United States, 

cooperating with and assisting in developing and sharing information found useful in other nations in the rehabilitation of individuals with disabilities, and initiating a program to exchange experts 

and technical assistance in the field of rehabilitation of individuals 

with disabilities with other nations as a means of increasing the 

levels of skill of rehabilitation personnel. 

(7) Research grants may be used to conduct a research program concerning the use of existing telecommunications systems 

(including telephone, television, satellite, radio, and other similar 

systems) which have the potential for substantially improving service delivery methods, and the development of appropriate programming to meet the particular needs of individuals with disabilities. 

(8) Grants may be used to conduct a program of joint projects 

with other administrations and offices of the Department of Health 

and Human Services, the National Science Foundation, the Department of Veterans Affairs, the Department of Defense, the Federal 

Communications Commission, the National Aeronautics and Space 

Administration, the Small Business Administration, the Department of Labor, other Federal agencies, and private industry in 

areas of joint interest involving rehabilitation. 

(9) Research grants may be used to conduct a research program to develop and demonstrate innovative methods to attract 

and retain professionals to serve in rural areas in the rehabilitation of individuals with disabilities, including individuals with significant disabilities. 

(10) Research grants may be used to conduct a model research 

and demonstration program to develop innovative methods of providing services for preschool age children who are individuals with 

disabilities, including— 

(A) early intervention, assessment, parent counseling, infant stimulation, early identification, diagnosis, and evaluation 


of children who are individuals with significant disabilities up 


to the age of five, with a special emphasis on children who are 


individuals with significant disabilities up to the age of three; 


(B) 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. 


(11) Research grants may be used to conduct a model research 

and training program under which model training centers shall be 

established to develop and use more advanced and effective methods of evaluating and addressing the employment needs, opportunities, and outcomes (including those relating to self-employment, 

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111 REHABILITATION ACT OF 1973 Sec. 204 

supported employment, and telecommuting) of individuals with disabilities, including programs that— 

(A) provide training and continuing education for personnel involved with the employment of individuals with disabilities; 


(B) develop model procedures for testing and evaluating 


the employment and employment related needs of individuals 


with disabilities; 


(C) develop model training programs to teach individuals 


with disabilities skills which will lead to appropriate employment; 


(D) develop new approaches for job placement of individuals with disabilities, including new followup procedures relating to such placement; 


(E) provide information services regarding education, 


training, employment, and job placement for individuals with 


disabilities; 


(F) develop new approaches and provide information regarding job accommodations, including the use of rehabilitation 


engineering and assistive technology; 


(G) develop models to facilitate the successful transition of 


individuals with disabilities from nonintegrated employment 


and employment that is compensated at a wage less than the 


Federal minimum wage to competitive integrated employment; 


(H) develop models to maximize opportunities for integrated community living, including employment and independent living, for individuals with disabilities; 


(I) provide training and continuing education for personnel 


involved with community living for individuals with disabilities; 


(J) develop model procedures for testing and evaluating 


the community living related needs of individuals with disabilities; 


(K) develop model training programs to teach individuals 


with disabilities skills which will lead to integrated community 


living and full participation in the community; and 


(L) develop new approaches for long-term services and supports for individuals with disabilities, including supports necessary for competitive integrated employment. 


(12) Research grants may be used to conduct an independent 

living or a rehabilitation research program under which financial 

assistance is provided in order to— 

(A) test new concepts and innovative ideas; 

(B) demonstrate research results of high potential benefits; 

(C) purchase prototype aids and devices for evaluation; 

(D) develop unique independent living or rehabilitation 


training curricula; and 


(E) be responsive to special initiatives of the Director. No single grant under this paragraph may exceed $50,000 in any 

fiscal year and all payments made under this paragraph in any fiscal year may not exceed 5 percent of the amount available for this 

section to the National Institute on Disability, Independent Living, 

and Rehabilitation Research in any fiscal year. Regulations and administrative procedures with respect to financial assistance under 

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Sec. 204 REHABILITATION ACT OF 1973 112 

this paragraph shall, to the maximum extent possible, be expedited. 

(13) Research grants may be used to conduct studies of the 

independent living and rehabilitation needs of American Indian 

populations and of effective mechanisms for the delivery of rehabilitation services to Indians residing on and off reservations. 

(14) Research grants may be used to conduct 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, including technology transfer concerning such devices, designed to enable individuals with disabilities to achieve 

independence, full participation, and economic self-sufficiency. 

(15)(A) Research grants may be used to conduct a research program related to quality assurance in the area of rehabilitation technology. 

(B) Activities carried out under the research program may include— 

(i) the development of methodologies to evaluate rehabilitation technology products and services and the dissemination 


of the methodologies to consumers and other interested parties; 


(ii) identification of models for service provider training 


and evaluation and certification of the effectiveness of the models; 


(iii) identification and dissemination of outcome measurement models for the assessment of rehabilitation technology 


products and services; and 


(iv) development and testing of research-based tools to enhance consumer decisionmaking about rehabilitation technology products and services. 


(16) Research grants may be used to provide for research and 

demonstration projects and related activities that explore the use 

and effectiveness of specific alternative or complementary medical 

practices for individuals with disabilities. Such projects and activities may include projects and activities designed to— 

(A) determine the use of specific alternative or complementary medical practices among individuals with disabilities and 


the perceived effectiveness of the practices; 


(B) determine the specific information sources, decision-


making methods, and methods of payment used by individuals 


with disabilities who access alternative or complementary medical services; 


(C) develop criteria to screen and assess the validity of research studies of such practices for individuals with disabilities; and 


(D) determine the effectiveness of specific alternative or 


complementary medical practices that show promise for promoting increased functioning, prevention of secondary disabilities, or other positive outcomes for individuals with certain 


types of disabilities, by conducting controlled research studies. 


(c)(1) In carrying out evaluations of covered activities under 


this section, the Director is authorized to make arrangements for 

site visits to obtain information on the accomplishments of the 

projects. 

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113 REHABILITATION ACT OF 1973 Sec. 205 

(2) The Director shall not make a grant under this section that 

exceeds $500,000 unless the peer review of the grant application 

has included a site visit. 

(d)(1) In awarding grants, contracts, or cooperative agreements 

under this title, the Director shall award the funding on a competitive basis. 

(2)(A) To be eligible to receive funds under this section for a 

covered activity, an entity described in subsection (a)(1) shall submit an application to the Director at such time, in such manner, 

and containing such information as the Director may require. 

(B) The application shall include information describing— 

(i) measurable goals, as established through section 1115 


of title 31, United States Code, and a timeline and specific plan 


for meeting the goals, that the applicant has established; 


(ii) how the project will address 1 or more of the following: 


commercialization of a marketable product, technology transfer 


(if applicable), dissemination of any research results, and other 


priorities as established by the Director; and 


(iii) how the applicant will quantifiably measure the goals 


to determine whether such goals have been accomplished. 


(3)(A) In the case of an application for funding under this section to carry out a covered activity that results in the development 

of a marketable product, the application shall also include a commercialization and dissemination plan, as appropriate, containing 

commercialization and marketing strategies for the product involved, and strategies for disseminating information about the 

product. The funding received under this section shall not be used 

to carry out the commercialization and marketing strategies. 

(B) In the case of any other application for funding to carry out 

a covered activity under this section, the application shall also include a dissemination plan, containing strategies for disseminating 

educational materials, research results, or findings, conclusions, 

and recommendations, resulting from the covered activity. 

ø29 U.S.C. 764¿ 

SEC. 205. DISABILITY, INDEPENDENT LIVING, AND REHABILITATION 

RESEARCH ADVISORY COUNCIL. 

(a) ESTABLISHMENT.—Subject to the availability of appropriations, the Secretary shall establish in the Department of Health 

and Human Services a Disability, Independent Living, and Rehabilitation Research Advisory Council (referred to in this section as 

the ‘‘Council’’) composed of not less than 12 members appointed by 

the Secretary. 

(b) DUTIES.—The Council shall advise the Director with respect 

to research priorities and the development and revision of the 5-

year plan required by section 202(h). 

(c) QUALIFICATIONS.—Members of the Council shall be generally representative of the community of disability, independent 

living, and rehabilitation professionals, the community of disability, 

independent living, and rehabilitation researchers, the directors of 

independent living centers and community rehabilitation programs, 

the business community (including a representative of the small 

business community) that has experience with the system of vocational rehabilitation services and independent living services carAs Amended Through P.L. 114-95, Enacted December 10, 2015 

 

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Sec. 205 REHABILITATION ACT OF 1973 114 

ried out under this Act and with hiring individuals with disabilities, the community of stakeholders involved in assistive technology, the community of covered school professionals, and the 

community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals 

with disabilities or the individuals’ representatives. 

(d) TERMS OF APPOINTMENT.— 

(1) LENGTH OF TERM.—Each member of the Council shall 

serve for a term of up to 3 years, determined by the Secretary, 

except that— 

(A) a member appointed to fill a vacancy occurring 

prior to the expiration of the term for which a predecessor 

was appointed, shall be appointed for the remainder of 

such term; and 

(B) the terms of service of the members initially appointed shall be (as specified by the Secretary) for such 

fewer number of years as will provide for the expiration of 

terms on a staggered basis. 

(2) NUMBER OF TERMS.—No member of the Council may 

serve more than two consecutive full terms. Members may 

serve after the expiration of their terms until their successors 

have taken office. 

(e) VACANCIES.—Any vacancy occurring in the membership of 

the Council shall be filled in the same manner as the original appointment for the position being vacated. The vacancy shall not affect the power of the remaining members to execute the duties of 

the Council. 

(f) PAYMENT AND EXPENSES.— 

(1) PAYMENT.—Each member of the Council who is not an 

officer or full-time employee of the Federal Government shall 

receive a payment of $150 for each day (including travel time) 

during which the member is engaged in the performance of duties for the Council. All members of the Council who are officers or full-time employees of the United States shall serve 

without compensation in addition to compensation received for 

their services as officers or employees of the United States. 

(2) TRAVEL EXPENSES.—Each member of the Council may 

receive travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States 

Code, for employees serving intermittently in the Government 

service, for each day the member is engaged in the performance of duties away from the home or regular place of business 

of the member. 

(g) DETAIL OF FEDERAL EMPLOYEES.—On the request of the 

Council, the Secretary may detail, with or without reimbursement, 

any of the personnel of the Department of Health and Human 

Services to the Council to assist the Council in carrying out its duties. Any detail shall not interrupt or otherwise affect the civil 

service status or privileges of the Federal employee. 

(h) TECHNICAL ASSISTANCE.—On the request of the Council, 

the Secretary shall provide such technical assistance to the Council 

as the Council determines to be necessary to carry out its duties. 

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115 REHABILITATION ACT OF 1973 Sec. 302 

(i) TERMINATION.—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Council. 

ø29 U.S.C. 765¿ 

SEC. 206. DEFINITION OF COVERED SCHOOL.In this title, the term ‘‘covered school’’ means an elementary school or secondary school 

(as such terms are defined in section 8101 of the Elementary 

and Secondary Education Act of 1965) or an institution of 

higher education. 

ø29 U.S.C. 766¿ 

TITLE III—PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND 

DEMONSTRATIONS 

SEC. 301. DECLARATION OF PURPOSE AND COMPETITIVE BASIS OF 

GRANTS AND CONTRACTS. 

(a) PURPOSE.—It is the purpose of this title to authorize grants 

and contracts to— 

(1)(A) provide academic training to ensure that skilled personnel are available to provide rehabilitation services to individuals with disabilities through vocational, medical, social, 

and psychological rehabilitation programs (including supported 

employment programs), through economic and business development programs, through independent living services programs, and through client assistance programs; and 

(B) provide training to maintain and upgrade basic skills 

and knowledge of personnel (including personnel specifically 

trained to deliver services to individuals with disabilities 

whose employment outcome is self-employment or telecommuting) employed to provide state-of-the-art service delivery 

and rehabilitation technology services; 

(2) conduct special projects and demonstrations that expand and improve the provision of rehabilitation and other 

services (including those services provided through community 

rehabilitation programs) authorized under this Act, or that 

otherwise further the purposes of this Act, including related research and evaluation; and 

(3) provide training and information to individuals with 

disabilities and the individuals’ representatives, and other appropriate parties to develop the skills necessary for individuals 

with disabilities to gain access to the rehabilitation system and 

statewide workforce development systems and to become active 

decisionmakers in the rehabilitation process. 

(b) COMPETITIVE BASIS OF GRANTS AND CONTRACTS.—The Secretary shall ensure that all grants and contracts are awarded 

under this title on a competitive basis. 

ø29 U.S.C. 771¿ 

SEC. 302. TRAINING. 

(a) GRANTS AND CONTRACTS FOR PERSONNEL TRAINING.— 

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Sec. 302 REHABILITATION ACT OF 1973 116 

January 7, 2016 

(1) AUTHORITY.—The Commissioner shall make grants to, 

and enter into contracts with, States and public or nonprofit 

agencies and organizations (including institutions of higher 

education) to pay part of the cost of projects to provide training, traineeships, and related activities, including the provision 

of technical assistance, that are designed to assist in increasing 

the numbers of, and upgrading the skills of, qualified personnel (especially rehabilitation counselors) who are trained in 

providing vocational, medical, social, and psychological rehabilitation services, who are trained to assist individuals with 

communication and related disorders, who are trained to provide other services provided under this Act, to individuals with 

disabilities, and who may include— 

(A) personnel specifically trained in providing employment assistance to individuals with disabilities through job 


development and job placement services; 


(B) personnel specifically trained to identify, assess, 


and meet the individual rehabilitation needs of individuals 


with disabilities, including needs for rehabilitation technology; 


(C) personnel specifically trained to deliver services to 


individuals who may benefit from receiving independent 


living services; 


(D) personnel specifically trained to deliver services in 


the client assistance programs; 


(E) personnel specifically trained to deliver supported 


employment services and customized employment services 


to individuals with the most significant disabilities; 


(F) personnel specifically trained to deliver services to 


individuals with disabilities pursuing self-employment, 


business ownership, and telecommuting; 


(G) personnel trained in performing other functions 


necessary to the provision of vocational, medical, social, 


and psychological rehabilitation services, and other services provided under this Act; and 


(H) personnel trained in providing assistive technology 


services. 


(2) AUTHORITY TO PROVIDE SCHOLARSHIPS.—Grants and 

contracts under paragraph (1) may be expended for scholarships and may include necessary stipends and allowances. 

(3) RELATED FEDERAL STATUTES.—In carrying out this subsection, the Commissioner may make grants to and enter into 

contracts with States and public or nonprofit agencies and organizations, including institutions of higher education, to furnish training regarding provisions of Federal statutes, including section 504, title I of the Americans with Disabilities Act 

of 1990 (42 U.S.C. 12111 et seq.), and the provisions of titles 

II and XVI of the Social Security Act (42 U.S.C. 401 et seq. and 

1381 et seq.), that are related to work incentives for individuals with disabilities. 

(4) TRAINING FOR STATEWIDE WORKFORCE SYSTEMS PERSONNEL.—The Commissioner may make grants to and enter 

into contracts under this subsection with States and public or 

nonprofit agencies and organizations, including institutions of 

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117 REHABILITATION ACT OF 1973 Sec. 302 

higher education, to furnish training to personnel providing 

services to individuals with disabilities under subtitle B of title 

I of the Workforce Innovation and Opportunity Act. Under this 

paragraph, personnel may be trained— 

(A) in evaluative skills to determine whether an individual with a disability may be served by the State vocational rehabilitation program or another component of a 

statewide workforce development system; or 

(B) to assist individuals with disabilities seeking assistance through one-stop delivery systems described in 

section 121(e) of the Workforce Innovation and Opportunity Act. 

(5) JOINT FUNDING.—Training and other activities provided 

under paragraph (4) for personnel may be jointly funded with 

the Department of Labor, using funds made available under 

subtitle B of title I of the Workforce Innovation and Opportunity Act. 

(b) GRANTS AND CONTRACTS FOR ACADEMIC DEGREES AND 

ACADEMIC CERTIFICATE GRANTING TRAINING PROJECTS.— 

(1) AUTHORITY.— 

(A) IN GENERAL.—The Commissioner may make grants 

to, and enter into contracts with, States and public or nonprofit agencies and organizations (including institutions of 

higher education) to pay part of the costs of academic 

training projects to provide training that leads to an academic degree or academic certificate. In making such 

grants or entering into such contracts, the Commissioner 

shall target funds to areas determined under subsection (e) 

to have shortages of qualified personnel. 

(B) TYPES OF PROJECTS.—Academic training projects 

described in this subsection may include— 

(i) projects to train personnel in the areas of assisting and supporting individuals with disabilities 

pursuing self-employment, business ownership, and 

telecommuting, and of vocational rehabilitation counseling, rehabilitation technology, rehabilitation medicine, rehabilitation nursing, rehabilitation social work, 

rehabilitation psychiatry, rehabilitation psychology, rehabilitation dentistry, physical therapy, occupational 

therapy, speech pathology and audiology, physical education, therapeutic recreation, community rehabilitation programs, prosthetics and orthotics, vision rehabilitation therapy, orientation and mobility instruction, or low vision therapy; 

(ii) projects to train personnel to provide— 

(I) services to individuals with specific disabilities or individuals with disabilities who have specific impediments to rehabilitation, including individuals who are members of populations that are 

unserved or underserved by programs under this 

Act; 

(II) job development and job placement services to individuals with disabilities; 

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Sec. 302 REHABILITATION ACT OF 1973 118 

January 7, 2016 

(III) supported employment services, including services of employment specialists for individuals with disabilities; 

(IV) specialized services for individuals with 

significant disabilities; or 

(V) recreation for individuals with disabilities; 

(iii) projects to train personnel in other fields contributing to the rehabilitation of individuals with disabilities; and 

(iv) projects to train personnel in the use, applications, and benefits of rehabilitation technology. 

(2) APPLICATION.—No grant shall be awarded or contract 

entered into under this subsection unless the applicant has 

submitted to the Commissioner an application at such time, in 

such form, in accordance with such procedures, and including 

such information as the Secretary may require, including— 

(A) a description of how the designated State unit or 


units will participate in the project to be funded under the 


grant or contract, including, as appropriate, participation 


on advisory committees, as practicum sites, in curriculum 


development, and in other ways so as to build closer relationships between the applicant and the designated State 


unit and to encourage students to pursue careers in public 


vocational rehabilitation programs; 


(B) the identification of potential employers that provide employment that meets the requirements of paragraph (5)(A)(i); and 


(C) an assurance that data on the employment of graduates or trainees who participate in the project is accurate. 


(3) LIMITATION.— 

(A) IN GENERAL.—Except as provided in subparagraph 


(B), no grant or contract under this subsection may be 


used to provide any one course of study to an individual 


for a period of more than 4 years. 


(B) EXCEPTION.—If a grant or contract recipient under 


this subsection determines that an individual has a disability which seriously affects the completion of training 


under this subsection, the grant or contract recipient may 


extend the period referred to in subparagraph (A). 


(4) AUTHORITY TO PROVIDE SCHOLARSHIPS.—Grants and 

contracts under paragraph (1) may be expanded to provide 

services that include the provision of scholarships and necessary stipends and allowances. 

(5) AGREEMENTS.— 

(A) CONTENTS.—A recipient of a grant or contract 


under this subsection shall provide assurances to the Commissioner that each individual who receives a scholarship, 


for any academic year beginning after June 1, 1992, utilizing funds provided under such grant or contract shall 


enter into an agreement with the recipient under which 


the individual shall— 


(i) maintain employment— 

(I) in a nonprofit rehabilitation agency or related agency or in a State rehabilitation agency or 

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January 7, 2016 

119 REHABILITATION ACT OF 1973 Sec. 302 

related agency, including a professional corporation or professional practice group through which 

the individual has a service arrangement with the 

designated State agency; 

(II) on a full- or part-time basis; and 

(III) for a period of not less than the full-time 

equivalent of 2 years for each year for which assistance under this section was received by the individual, 

within a period, beginning after the recipient completes the training for which the scholarship was 

awarded, of not more than the sum of the number of 

years in the period described in subclause (III) and 2 

additional years; and 

(ii) repay all or part of any scholarship received, 

plus interest, if the individual does not fulfill the requirements of clause (i), 

except as the Commissioner by regulation may provide for 

repayment exceptions and deferrals. 

(B) ENFORCEMENT.—The Commissioner shall be responsible for the enforcement of each agreement entered 

into under subparagraph (A) upon completion of the training involved under such subparagraph. 

(c) GRANTS TO HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.—The Commissioner, in carrying out this section, shall make 

grants to historically Black colleges and universities and other institutions of higher education whose minority student enrollment is 

at least 50 percent of the total enrollment of the institution. 

(d) APPLICATION.—A grant may not be awarded to a State or 

other organization under this section unless the State or organization has submitted an application to the Commissioner at such 

time, in such form, in accordance with such procedures, and containing such information as the Commissioner may require. Any 

such application shall include a detailed description of strategies 

that will be utilized to recruit and train individuals so as to reflect 

the diverse populations of the United States as part of the effort 

to increase the number of individuals with disabilities, and individuals who are from linguistically and culturally diverse backgrounds, who are available to provide rehabilitation services. 

(e) EVALUATION AND COLLECTION OF DATA.—The Commissioner 

shall evaluate the impact of the training programs conducted under 

this section, and collect information on the training needs of, and 

data on shortages of qualified personnel necessary to provide services to individuals with disabilities. The Commissioner shall prepare and submit to Congress, by September 30 of each fiscal year, 

a report setting forth and justifying in detail how the funds made 

available for training under this section for the fiscal year prior to 

such submission are allocated by professional discipline and other 

program areas. The report shall also contain findings on such personnel shortages, how funds proposed for the succeeding fiscal year 

will be allocated under the President’s budget proposal, and how 

the findings on personnel shortages justify the allocations. 

(f) GRANTS FOR THE TRAINING OF INTERPRETERS.— 

(1) AUTHORITY.— 

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Sec. 302 REHABILITATION ACT OF 1973 120 

January 7, 2016 

(A) IN GENERAL.—For the purpose of training a sufficient number of qualified interpreters to meet the communications needs of individuals who are deaf or hard of 


hearing, and individuals who are deaf-blind, the Commissioner, acting through a Federal office responsible for deafness and communicative disorders, may award grants to 


public or private nonprofit agencies or organizations to pay 


part of the costs— 


(i) for the establishment of interpreter training 

programs; or 

(ii) to enable such agencies or organizations to 

provide financial assistance for ongoing interpreter 

training programs. 

(B) GEOGRAPHIC AREAS.—The Commissioner shall 


award grants under this subsection for programs in geographic areas throughout the United States that the Commissioner considers appropriate to best carry out the objectives of this section. 


(C) PRIORITY.—In awarding grants under this subsection, the Commissioner shall give priority to public or 


private nonprofit agencies or organizations with existing 


programs that have a demonstrated capacity for providing 


interpreter training services. 


(D) FUNDING.—The Commissioner may award grants 


under this subsection through the use of— 


(i) amounts appropriated to carry out this section; 

or 

(ii) pursuant to an agreement with the Director of 

the Office of the Special Education Program (established under section 603 of the Individuals with Disabilities Education Act), amounts appropriated under 

section 686 of the Individuals with Disabilities Education Act. 

(2) APPLICATION.—A grant may not be awarded to an agency or organization under paragraph (1) unless the agency or organization has submitted an application to the Commissioner 

at such time, in such form, in accordance with such procedures, 

and containing such information as the Commissioner may require, including— 

(A) a description of the manner in which an interpreter training program will be developed and operated 


during the 5-year period following the date on which a 


grant is received by the applicant under this subsection; 


(B) a demonstration of the applicant’s capacity or potential for providing training for interpreters for individuals who are deaf or hard of hearing, and individuals who 


are deaf-blind; 


(C) assurances that any interpreter trained or retrained under a program funded under the grant will meet 


such minimum standards of competency as the Commissioner may establish for purposes of this subsection; and 


(D) such other information as the Commissioner may 


require. 


(g) TECHNICAL ASSISTANCE.— 

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121 REHABILITATION ACT OF 1973 Sec. 303 

(1) TECHNICAL ASSISTANCE.—The Commissioner is authorized to provide technical assistance to State designated agencies and community rehabilitation programs, directly or 


through contracts with State designated agencies or nonprofit 


organizations. Any technical assistance provided to community 


rehabilitation programs shall be focused on the employment 


outcome of competitive integrated employment for individuals 


with disabilities. 


(2) COMPENSATION.—An expert or consultant appointed or 


serving under contract pursuant to this section shall be compensated at a rate, subject to approval of the Commissioner, 


that shall not exceed the daily equivalent of the rate of pay for 


level 4 of the Senior Executive Service Schedule under section 


5382 of title 5, United States Code. Such an expert or consultant may be allowed travel and transportation expenses in accordance with section 5703 of title 5, United States Code. 


(h) PROVISION OF INFORMATION.—The Commissioner, subject to 

the provisions of section 304, may require that recipients of grants 

or contracts under this section provide information, including data, 

with regard to the impact of activities funded under this section. 

(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $33,657,000 for fiscal 

year 2015, $36,257,000 for fiscal year 2016, $37,009,000 for fiscal 

year 2017, $37,830,000 for fiscal year 2018, $38,719,000 for fiscal 

year 2019, and $39,540,000 for fiscal year 2020. 

ø29 U.S.C. 772¿ 

SEC. 303. DEMONSTRATION AND TRAINING PROGRAMS. 

(a) DEMONSTRATION PROJECTS TO INCREASE CLIENT CHOICE.— 

(1) GRANTS.—The Commissioner may make grants to 


States and public or nonprofit agencies and organizations to 


pay all or part of the costs of projects to demonstrate ways to 


increase client choice in the rehabilitation process, including 


the selection of providers of vocational rehabilitation services. 


(2) USE OF FUNDS.—An entity that receives a grant under 


this subsection shall use the grant only— 


(A) for activities that are directly related to planning, 

operating, and evaluating the demonstration projects; and 

(B) to supplement, and not supplant, funds made 

available from Federal and non-Federal sources for such 

projects. 

(3) APPLICATION.—Any eligible entity that desires to receive a grant under this subsection shall submit an application 


at such time, in such manner, and containing such information 


and assurances as the Commissioner may require, including— 


(A) a description of— 

(i) how the entity intends to promote increased client choice in the rehabilitation process, including a description, if appropriate, of how an applicant will determine the cost of any service or product offered to an 

eligible client; 

(ii) how the entity intends to ensure that any vocational rehabilitation service or related service is provided by a qualified provider who is accredited or 

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Sec. 303 REHABILITATION ACT OF 1973 122 

meets such other quality assurance and cost-control 

criteria as the State may establish; and 

(iii) the outreach activities to be conducted by the 

applicant to obtain eligible clients; and 

(B) assurances that a written plan will be established 

with the full participation of the client, which plan shall, 

at a minimum, include— 

(i) a statement of the vocational rehabilitation 

goals to be achieved; 

(ii) a statement of the specific vocational rehabilitation services to be provided, the projected dates for 

their initiation, and the anticipated duration of each 

such service; and 

(iii) objective criteria, an evaluation procedure, 

and a schedule, for determining whether such goals 

are being achieved. 

(4) AWARD OF GRANTS.—In selecting entities to receive 

grants under paragraph (1), the Commissioner shall take into 

consideration— 

(A) the diversity of strategies used to increase client 

choice, including selection among qualified service providers; 

(B) the geographic distribution of projects; and 

(C) the diversity of clients to be served. 

(5) RECORDS.—Entities that receive grants under paragraph (1) shall maintain such records as the Commissioner 

may require and comply with any request from the Commissioner for such records. 

(6) DIRECT SERVICES.—At least 80 percent of the funds 

awarded for any project under this subsection shall be used for 

direct services, as specifically chosen by eligible clients. 

(7) EVALUATION.—The Commissioner may conduct an evaluation of the demonstration projects with respect to the services provided, clients served, client outcomes obtained, implementation issues addressed, the cost-effectiveness of the 

project, and the effects of increased choice on clients and service providers. The Commissioner may reserve funds for the 

evaluation for a fiscal year from the amounts appropriated to 

carry out projects under this section for the fiscal year. 

(8) DEFINITIONS.—For the purposes of this subsection: 

(A) DIRECT SERVICES.—The term ‘‘direct services’’ 

means vocational rehabilitation services, as described in 

section 103(a). 

(B) ELIGIBLE CLIENT.—The term ‘‘eligible client’’ 

means an individual with a disability, as defined in section 

7(20)(A), who is not currently receiving services under an 

individualized plan for employment established through a 

designated State unit. 

(b) SPECIAL DEMONSTRATION PROGRAMS.— 

(1) GRANTS; CONTRACTS.—The Commissioner, subject to 

the provisions of section 304, may provide grants to, or enter 

into contracts with, eligible entities to pay all or part of the 

cost of programs that expand and improve the provision of rehabilitation and other services authorized under this Act or 

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123 REHABILITATION ACT OF 1973 Sec. 303 

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that further the purposes of the Act, including related research 

and evaluation activities. 

(2) ELIGIBLE ENTITIES; TERMS AND CONDITIONS.— (A) ELIGIBLE ENTITIES.—To be eligible to receive a 


grant, or enter into a contract, under paragraph (1), an entity shall be a State vocational rehabilitation agency, community rehabilitation program, Indian tribe or tribal organization, or other public or nonprofit agency or organization, or as the Commissioner determines appropriate, a 


for-profit organization. The Commissioner may limit competitions to one or more types of organizations described in 


this subparagraph. 


(B) TERMS AND CONDITIONS.—A grant or contract 


under paragraph (1) shall contain such terms and conditions as the Commissioner may require. 


(3) APPLICATION.—An eligible entity that desires to receive 

a grant, or enter into a contract, under paragraph (1) shall 

submit an application to the Secretary at such time, in such 

form, and containing such information and assurances as the 

Commissioner may require, including, if the Commissioner determines appropriate, a description of how the proposed project 

or demonstration program— 

(A) is based on current research findings, which may 


include research conducted by the National Institute on 


Disability, Independent Living, and Rehabilitation Research, the National Institutes of Health, and other public 


or private organizations; and 


(B) is of national significance. 

(4) TYPES OF PROJECTS.—The programs that may be funded under this subsection may include— 

(A) special projects and demonstrations of service delivery; 


(B) model demonstration projects; 

(C) technical assistance projects; 

(D) systems change projects; 

(E) special studies and evaluations; and 

(F) dissemination and utilization activities. 

(5) PRIORITY FOR COMPETITIONS.— 

(A) IN GENERAL.—In announcing competitions for 


grants and contracts under this subsection, the Commissioner shall give priority consideration to— 


(i) initiatives focused on improving transition from 

education, including postsecondary education, to employment, particularly in competitive integrated employment, for youth who are individuals with significant disabilities; 

(ii) supported employment, including communitybased supported employment programs to meet the 

needs of individuals with the most significant disabilities or to provide technical assistance to States and 

community organizations to improve and expand the 

provision of supported employment services; and 

(iii) increasing competitive integrated employment 

for individuals with significant disabilities. 

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Sec. 303 REHABILITATION ACT OF 1973 124 

January 7, 2016 

(B) ADDITIONAL COMPETITIONS.—In announcing competitions for grants and contracts under this subsection, 


the Commissioner may require that applicants address one 


or more of the following: 


(i) Age ranges. 

(ii) Types of disabilities. 

(iii) Types of services. 

(iv) Models of service delivery. 

(v) Stage of the rehabilitation process. 

(vi) The needs of underserved populations, 

unserved and underserved areas, individuals with significant disabilities, low-incidence disability population 

or individuals residing in federally designated empowerment zones and enterprise communities. 

(vii) Expansion of employment opportunities for 

individuals with disabilities. 

(viii) Systems change projects to promote meaningful access of individuals with disabilities to employment-related services under subtitle B of title I of the 

Workforce Innovation and Opportunity Act and under 

other Federal laws. 

(ix) Innovative methods of promoting achievement 

of high-quality employment outcomes. 

(x) The demonstration of the effectiveness of early 

intervention activities in improving employment outcomes. 

(xi) Alternative methods of providing affordable 

transportation services to individuals with disabilities 

who are employed, seeking employment, or receiving 

vocational rehabilitation services from public or private organizations and who reside in geographic areas 

in which public transportation or paratransit service is 

not available. 

(c) PARENT INFORMATION AND TRAINING PROGRAM.— 

(1) GRANTS.—The Commissioner is authorized to make 

grants to private nonprofit organizations for the purpose of establishing programs to provide training and information to enable individuals with disabilities, and the parents, family 

members, guardians, advocates, or other authorized representatives of the individuals to participate more effectively with 

professionals in meeting the vocational, independent living, 

and rehabilitation needs of individuals with disabilities. Such 

grants shall be designed to meet the unique training and information needs of the individuals described in the preceding sentence, who live in the area to be served, particularly those who 

are members of populations that have been unserved or underserved by programs under this Act. 

(2) USE OF GRANTS.—An organization that receives a grant 

to establish training and information programs under this subsection shall use the grant to assist individuals with disabilities, and the parents, family members, guardians, advocates, 

or authorized representatives of the individuals— 

(A) to better understand vocational rehabilitation and 


independent living programs and services; 


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125 REHABILITATION ACT OF 1973 Sec. 303 

January 7, 2016 

(B) to provide followup support for transition and employment programs; 


(C) to communicate more effectively with transition 


and rehabilitation personnel and other relevant professionals; 


(D) to provide support in the development of the individualized plan for employment; 


(E) to provide support and expertise in obtaining information about rehabilitation and independent living programs, services, and resources that are appropriate; 


(F) to provide support and guidance in helping individuals with significant disabilities, including students with 


disabilities, transition to competitive integrated employment; and 


(G) to understand the provisions of this Act, particularly provisions relating to employment, supported employment, and independent living. 


(3) AWARD OF GRANTS.—The Commissioner shall ensure 

that grants under this subsection— 

(A) shall be distributed geographically to the greatest 


extent possible throughout all States; and 


(B) shall be targeted to individuals with disabilities, 


and the parents, family members, guardians, advocates, or 


authorized representatives of the individuals, in both 


urban and rural areas or on a State or regional basis. 


(4) ELIGIBLE ORGANIZATIONS.—In order to receive a grant 

under this subsection, an organization— 

(A) shall submit an application to the Commissioner at 


such time, in such manner, and containing such information as the Commissioner may require, including information demonstrating the capacity and expertise of the organization— 


(i) to coordinate training and information activities with Centers for Independent Living; 

(ii) to coordinate and work closely with the parent 

training and information centers established pursuant 

to section 671 of the Individuals with Disabilities Education Act, the community parent resource centers established pursuant to section 672 of such Act, and the 

eligible entities receiving awards under section 673 of 

such Act; and 

(iii) to effectively conduct the training and information activities authorized under this subsection; 

(B)(i) shall be governed by a board of directors— 

(I) that includes professionals in the field of vocational rehabilitation; and 

(II) on which a majority of the members are individuals with disabilities or the parents, family members, guardians, advocates, or authorized representatives of the individuals; or 

(ii)(I) shall have a membership that represents the interests of individuals with disabilities; and 

(II) shall establish a special governing committee that 


meets the requirements specified in subclauses (I) and (II) 


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Sec. 303 REHABILITATION ACT OF 1973 126 

January 7, 2016 

of clause (i) to operate a training and information program 


under this subsection; and 


(C) shall serve, and demonstrate the capacity for serving, individuals with a full range of disabilities, and the 


parents, family members, guardians, advocates, or authorized representatives of the individuals. 


(5) CONSULTATION.—Each organization carrying out a program receiving assistance under this subsection shall consult 

with appropriate agencies that serve or assist individuals with 

disabilities, and the parents, family members, guardians, advocates, or authorized representatives of the individuals, located 

in the jurisdiction served by the program. 

(6) COORDINATION.—The Commissioner shall provide coordination and technical assistance by grant or cooperative 

agreement for establishing, developing, and coordinating the 

training and information programs. To the extent practicable, 

such assistance shall be provided by the parent training and 

information centers established pursuant to section 671 of the 

Individuals with Disabilities Education Act. 

(7) REVIEW.— (A) QUARTERLY REVIEW.—The board of directors or 


special governing committee of an organization receiving a 


grant under this subsection shall meet at least once in 


each calendar quarter to review the training and information program, and each such committee shall directly advise the governing board regarding the views and recommendations of the committee. 


(B) REVIEW FOR GRANT RENEWAL.—If a nonprofit private organization requests the renewal of a grant under 


this subsection, the board of directors or the special governing committee shall prepare and submit to the Commissioner a written review of the training and information 


program conducted by the organization during the preceding fiscal year. 


(8) RESERVATION.—From the amount appropriated to carry 

out this section for a fiscal year, 20 percent of such amount or 

$500,000, whichever is less, may be reserved to carry out paragraph (6). 

(d) BRAILLE TRAINING PROGRAMS.— 

(1) ESTABLISHMENT.—The Commissioner shall make grants 

to, and enter into contracts with, States and public or nonprofit 

agencies and organizations, including institutions of higher 

education, to pay all or part of the cost of training in the use 

of braille for personnel providing vocational rehabilitation services or educational services to youth and adults who are blind. 

(2) PROJECTS.—Such grants shall be used for the establishment or continuation of projects that may provide— 

(A) development of braille training materials; 

(B) in-service or pre-service training in the use of 


braille, the importance of braille literacy, and methods of 


teaching braille to youth and adults who are blind; and 


(C) activities to promote knowledge and use of braille 


and nonvisual access technology for blind youth and adults 


through a program of training, demonstration, and evalua-


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127 REHABILITATION ACT OF 1973 Sec. 400 

tion conducted with leadership of experienced blind individuals, including the use of comprehensive, state-of-theart technology. 

(3) APPLICATION.—To be eligible to receive a grant, or 

enter into a contract, under paragraph (1), an agency or organization shall submit an application to the Commissioner at 

such time, in such manner, and containing such information as 

the Commissioner may require. 

(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 

carrying out this section there are authorized to be appropriated 

$5,796,000 for fiscal year 2015, $6,244,000 for fiscal year 2016, 

$6,373,000 for fiscal year 2017, $6,515,000 for fiscal year 2018, 

$6,668,000 for fiscal year 2019, and $6,809,000 for fiscal year 2020. 

ø29 U.S.C. 773¿ 

SEC. 304. MEASURING OF PROJECT OUTCOMES AND PERFORMANCE. 

The Commissioner may require that recipients of grants under 

this title submit information, including data, as determined by the 

Commissioner to be necessary to measure project outcomes and 

performance, including any data needed to comply with the Government Performance and Results Act 11. 

ø29 U.S.C. 776¿ 

TITLE IV—NATIONAL COUNCIL ON DISABILITY 

ESTABLISHMENT OF NATIONAL COUNCIL ON DISABILITY 

SEC. 400. (a)(1)(A) There is established within the Federal Government a National Council on Disability (referred to in this title 

as the ‘‘National Council’’), which, subject to subparagraph (B), 

shall be composed of 9 members, of which— 

(i) 5 shall be appointed by the President; 

(ii) 1 shall be appointed by the Majority Leader of the Senate; 

(iii) 1 shall be appointed by the Minority Leader of the 

Senate; 

(iv) 1 shall be appointed by the Speaker of the House of 

Representatives; and 

(v) 1 shall be appointed by the Minority Leader of the 

House of Representatives. 

(B) The National Council shall transition from 15 members (as 

of the date of enactment of the Workforce Innovation and Opportunity Act) to 9 members as follows: 

(i) On the first 4 expirations of National Council terms 

(after that date), replacement members shall be appointed to 

the National Council in the following order and manner: 

(I) 1 shall be appointed by the Majority Leader of the 

Senate. 

(II) 1 shall be appointed by the Minority Leader of the 

Senate. 

(III) 1 shall be appointed by the Speaker of the House 

of Representatives. 

11 So in law. Should probably insert ‘‘of 1993’’ after ‘‘Act’’. 

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Sec. 400 REHABILITATION ACT OF 1973 128 

(IV) 1 shall be appointed by the Minority Leader of the 

House of Representatives. 

(ii) On the next 6 expirations of National Council terms 

(after the 4 expirations described in clause (i) occur), no replacement members shall be appointed to the National Council. 

(C) For any vacancy on the National Council that occurs after 

the transition described in subparagraph (B), the vacancy shall be 

filled in the same manner as the original appointment was made. 

(D) The members of the National Council shall be individuals 

with disabilities, parents or guardians of individuals with disabilities, national leaders on disability policy, or other individuals who 

have substantial knowledge or experience relating to disability policy or issues that affect individuals with disabilities. The members 

of the National Council shall be appointed so as to be representative of individuals with disabilities, national organizations concerned with individuals with disabilities, providers and administrators of services to individuals with disabilities, individuals engaged 

in conducting medical or scientific research relating to individuals 

with disabilities, business concerns, and labor organizations. A majority of the members of the National Council shall be individuals 

with disabilities. The members of the National Council shall be 

broadly representative of minority and other individuals and 

groups. 

(2) The purpose of the National Council is to promote policies, 

programs, practices, and procedures that— 

(A) guarantee equal opportunity for all individuals with 

disabilities, regardless of the nature or severity of the disability; and 

(B) empower individuals with disabilities to achieve economic self-sufficiency, independent living, and inclusion and integration into all aspects of society. 

(b)(1) Each member of the National Council shall serve for a 

term of 3 years. 

(2)(A) No member of the National Council may serve more 

than two consecutive full terms beginning on the date of commencement of the first full term on the Council. Members may 

serve after the expiration of their terms until their successors have 

taken office. 

(B) As used in this paragraph, the term ‘‘full term’’ means a 

term of 3 years. 

(3) Any member appointed to fill a vacancy occurring before 

the expiration of the term for which such member’s predecessor 

was appointed shall be appointed only for the remainder of such 

term. 

(c) The President shall designate the Chairperson from among 

the members appointed to the National Council. The National 

Council shall meet at the call of the Chairperson, but not less often 

than four times each year. 

(d) Five members of the National Council shall constitute a 

quorum and any vacancy in the National Council shall not affect 

its power to function. 

ø29 U.S.C. 780¿ 

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129 REHABILITATION ACT OF 1973 Sec. 401 

DUTIES OF NATIONAL COUNCIL 

SEC. 401. (a) The National Council shall— 

(1) provide advice to the Director with respect to the policies and conduct of the National Institute on Disability, Independent Living, and Rehabilitation Research, including ways to 

improve research concerning individuals with disabilities and 

the methods of collecting and disseminating findings of such 

research; 

(2) provide advice to the Commissioner with respect to the 

policies of and conduct of the Rehabilitation Services Administration; 

(3) advise the President, the Congress, the Commissioner, 

the appropriate Assistant Secretary of the Department of Education, and the Director of the National Institute on Disability, 

Independent Living, and Rehabilitation Research on the development of the programs to be carried out under this Act; 

(4) provide advice regarding priorities for the activities of 

the Interagency Disability Coordinating Council and review the 

recommendations of such Council for legislative and administrative changes to ensure that such recommendations are consistent with the purposes of the Council to promote the full integration, independence, and productivity of individuals with 

disabilities; 

(5) review and evaluate on a continuing basis— 

(A) policies, programs, practices, and procedures concerning individuals with disabilities conducted or assisted 

by Federal departments and agencies, including programs 

established or assisted under this Act or under the Developmental Disabilities Assistance and Bill of Rights Act 12; 

and 

(B) all statutes and regulations pertaining to Federal 

programs which assist such individuals with disabilities; 

in order to assess the effectiveness of such policies, programs, 

practices, procedures, statutes, and regulations in meeting the 

needs of individuals with disabilities; 

(6) assess the extent to which such policies, programs, 

practices, and procedures facilitate or impede the promotion of 

the policies set forth in subparagraphs (A) and (B) of section 

400(a)(2); 

(7) gather information about the implementation, effectiveness, and impact of the Americans with Disabilities Act of 1990 

(42 U.S.C. 12101 et seq.); 

(8) make recommendations to the President, the Congress, 

the Secretary, the Director of the National Institute on Disability and Rehabilitation Research, and other officials of Federal agencies or other Federal entities, respecting ways to better promote the policies set forth in section 400(a)(2); 

12 Section 401(b)(3)(B) of the Developmental Disabilities Assistance and Bill of Rights Act of 

2000 (Public Law 106–402; 114 Stat. 1737–38) attempts to amend this subparagraph by striking 

‘‘Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)’’ and inserting ‘‘Developmental Disabilities Assistance and Bill of Rights Act of 2000’’. The amendment 

probably should not have included the United States Code citation appearing inside the parenthesis in the matter proposed to be struck. 

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Sec. 402 REHABILITATION ACT OF 1973 130 

(9) provide to the Congress on a continuing basis advice, 

recommendations, legislative proposals, and any additional information that the National Council or the Congress deems appropriate; and 

(10) review and evaluate on a continuing basis new and 

emerging disability policy issues affecting individuals with disabilities at the Federal, State, and local levels, and in the private sector, including the need for and coordination of adult 

services, access to personal assistance services, school reform 

efforts and the impact of such efforts on individuals with disabilities, access to health care, and policies that operate as disincentives for the individuals to seek and retain employment. 

(b)(1) Not later than October 31, 1998, and annually thereafter, 

the National Council shall prepare and submit to the President and 

the appropriate committees of the Congress a report entitled ‘‘National Disability Policy: A Progress Report’’. 

(2) The report shall assess the status of the Nation in achieving the policies set forth in section 400(a)(2), with particular focus 

on the new and emerging issues impacting on the lives of individuals with disabilities. The report shall present, as appropriate, 

available data on health, housing, employment, insurance, transportation, recreation, training, prevention, early intervention, and 

education. The report shall include recommendations for policy 

change. 

(3) In determining the issues to focus on and the findings, conclusions, and recommendations to include in the report, the National Council shall seek input from the public, particularly individuals with disabilities, representatives of organizations representing a broad range of individuals with disabilities, and organizations and agencies interested in individuals with disabilities. 

ø29 U.S.C. 781¿ 

COMPENSATION OF NATIONAL COUNCIL MEMBERS 

SEC. 402. (a) Members of the National Council shall be entitled 

to receive compensation at a rate equal to the rate of pay for level 

4 of the Senior Executive Service Schedule under section 5382 of 

title 5, United States Code, including travel time, for each day they 

are engaged in the performance of their duties as members of the 

National Council. 

(b) Members of the National Council who are full-time officers 

or employees of the United States shall receive no additional pay 

on account of their service on the National Council except for compensation for travel expenses as provided under subsection (c) of 

this section. 

(c) While away from their homes or regular places of business 

in the performance of services for the National Council, members 

of the National Council shall be allowed travel expenses, including 

per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. 

ø29 U.S.C. 782¿ 

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131 REHABILITATION ACT OF 1973 Sec. 403 

STAFF OF NATIONAL COUNCIL 

SEC. 403. (a)(1) The Chairperson of the National Council may 

appoint and remove, without regard to the provisions of title 5, 

United States Code, governing appointments, the provisions of 

chapter 75 of such title (relating to adverse actions), the provisions 

of chapter 77 of such title (relating to appeals), or the provisions 

of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates), an Executive 

Director to assist the National Council to carry out its duties. The 

Executive Director shall be appointed from among individuals who 

are experienced in the planning or operation of programs for individuals with disabilities. 

(2) The Executive Director is authorized to hire technical and 

professional employees to assist the National Council to carry out 

its duties. 

(b)(1) The National Council may procure temporary and intermittent services to the same extent as is authorized by section 

3109(b) of title 5, United States Code (but at rates for individuals 

not to exceed the daily equivalent of the rate of pay for level 4 of 

the Senior Executive Service Schedule under section 5382 of title 

5, United States Code). 

(2) The National Council may— 

(A) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31, United 

States Code; 

(B) in the name of the Council, solicit, accept, employ, and 

dispose of, in furtherance of this Act, any money or property, 

real or personal, or mixed, tangible or nontangible, received by 

gift, devise, bequest, or otherwise; and 

(C) enter into contracts and cooperative agreements with 

Federal and State agencies, private firms, institutions, and individuals for the conduct of research and surveys, preparation 

of reports and other activities necessary to the discharge of the 

Council’s duties and responsibilities. 

(3) Not more than 10 per centum of the total amounts available to the National Council in each fiscal year may be used for official representation and reception. 

(c) The Administrator of General Services shall provide to the 

National Council on a reimbursable basis such administrative support services as the Council may request. 

(d)(1) It shall be the duty of the Secretary of the Treasury to 

invest such portion of the amounts made available under subsection (a)(2)(B) 13 as is not, in the Secretary’s judgment, required 

to meet current withdrawals. Such investments may be made only 

in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United 

States. 

(2) The amounts described in paragraph (1), and the interest 

on, and the proceeds from the sale or redemption of, the obligations 

described in paragraph (1) shall be available to the National Council to carry out this title. 

13 So in law. Should probably be ‘‘(b)(2)(B)’’. 

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January 7, 2016 

Sec. 404 REHABILITATION ACT OF 1973 132 

ø29 U.S.C. 783¿ 

ADMINISTRATIVE POWERS OF NATIONAL COUNCIL 

SEC. 404. (a) The National Council may prescribe such bylaws 

and rules as may be necessary to carry out its duties under this 

title. 

(b) The National Council may hold such hearings, sit and act 

at such times and places, take such testimony, and receive such 

evidence as it deems advisable. 

(c) The National Council may appoint advisory committees to 

assist the National Council in carrying out its duties. The members 

thereof shall serve without compensation. 

(d) The National Council may use the United States mails in 

the same manner and upon the same conditions as other departments and agencies of the United States. 

(e) The National Council may use, with the consent of the 

agencies represented on the Interagency Disability Coordinating 

Council, and as authorized in title V, such services, personnel, information, and facilities as may be needed to carry out its duties 

under this title, with or without reimbursement to such agencies. 

ø29 U.S.C. 784¿ 

AUTHORIZATION OF APPROPRIATIONS 

SEC. 405. There are authorized to be appropriated to carry out this title $3,186,000 for fiscal year 2015, $3,432,000 for fiscal year 

2016, $3,503,000 for fiscal year 2017, $3,581,000 for fiscal year 

2018, $3,665,000 for fiscal year 2019, and $3,743,000 for fiscal year 

2020. 

ø29 U.S.C. 785¿ 

TITLE V—RIGHTS AND ADVOCACY 

EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES 

SEC. 501. (a) There is established within the Federal Government an Interagency Committee on Employees who are Individuals 

with Disabilities (hereinafter in this section referred to as the 

‘‘Committee’’), comprised of such members as the President may select, including the following (or their designees whose positions are 

Executive Level IV or higher): the Chairman of the Equal Employment Opportunity Commission, (hereafter in this section referred 

to as the ‘‘Commission’’), the Director of the Office of Personnel 

Management, the Secretary of Veterans Affairs, the Secretary of 

Labor, the Secretary of Education, and the Secretary of Health and 

Human Services. Either the Director of the Office of Personnel 

Management and the Chairman of the Commission shall serve as 

co-chairpersons of the Committee or the Director or Chairman shall 

serve as the sole chairperson of the Committee, as the Director and 

Chairman jointly determine, from time to time, to be appropriate. 

The resources of the President’s Disability Employment Partnership Board and the President’s Committee for People with Intellectual Disabilities shall be made fully available to the Committee. It 

shall be the purpose and function of the Committee (1) to provide 

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133 REHABILITATION ACT OF 1973 Sec. 501 

abilities, and to review, on a periodic basis, in cooperation with the 

Commission, the adequacy of hiring, placement, and advancement 

practices with respect to individuals with disabilities, by each department, agency, and instrumentality in the executive branch of 

Government and the Smithsonian Institution, and to insure that 

the special needs of such individuals are being met; and (2) to consult with the Commission to assist the Commission to carry out its 

responsibilities under subsections (b), (c), and (d) of this section. On 

the basis of such review and consultation, the Committee shall periodically make to the Commission such recommendations for legislative and administrative changes as it deems necessary or desirable. The Commission shall timely transmit to the appropriate 

committees of Congress any such recommendations. 

(b) Each department, agency, and instrumentality (including 

the United States Postal Service and the Postal Regulatory Commission) in the executive branch and the Smithsonian Institution 

shall, within one hundred and eighty days after the date of enactment of this Act, submit to the Commission and to the Committee 

an affirmative action program plan for the hiring, placement, and 

advancement of individuals with disabilities in such department, 

agency, instrumentality, or Institution. Such plan shall include a 

description of the extent to which and methods whereby the special 

needs of employees who are individuals with disabilities are being 

met. Such plan shall be updated annually, and shall be reviewed 

annually and approved by the Commission, if the Commission determines, after consultation with the Committee, that such plan 

provides sufficient assurances, procedures, and commitments to 

provide adequate hiring, placement, and advancement opportunities for individuals with disabilities. 

(c) The Commission, after consultation with the Committee, 

shall develop and recommend to the Secretary for referral to the 

appropriate State agencies, policies and procedures which will facilitate the hiring, placement, and advancement in employment of 

individuals who have received rehabilitation services under State 

vocational rehabilitation programs, veterans’ programs, or any 

other program for individuals with disabilities, including the promotion of job opportunities for such individuals. The Secretary 

shall encourage such State agencies to adopt and implement such 

policies and procedures. 

(d) The Commission, after consultation with the Committee, 

shall, on June 30, 1974, and at the end of each subsequent fiscal 

year, make a complete report to the appropriate committees of the 

Congress with respect to the practices of and achievements in hiring, placement, and advancement of individuals with disabilities by 

each department, agency, and instrumentality and the Smithsonian 

Institution and the effectiveness of the affirmative action programs 

required by subsection (b) of this section, together with recommendations as to legislation which have been submitted to the 

Commission under subsection (a) of this section, or other appropriate action to insure the adequacy of such practices. Such report 

shall also include an evaluation by the Committee of the effectiveness of the activities of the Commission under subsection (b) and 

(c) of this section. 

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Sec. 502 REHABILITATION ACT OF 1973 134 

(e) An individual who, as a part of an individualized plan for 

employment under a State plan approved under this Act, participates in a program of unpaid work experience in a Federal agency, 

shall not, by reason thereof, be considered to be a Federal employee 

or to be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leaves, unemployment compensation, and Federal employee 

benefits. 

(f) The standards used to determine whether this section has 

been violated in a complaint alleging nonaffirmative action employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 

(42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 

504, and 510, of the Americans with Disabilities Act of 1990 (42 

U.S.C. 12201–12204 and 12210), as such sections relate to employment. 


ø29 U.S.C. 791¿ 


ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD 

SEC. 502. (a)(1) There is established within the Federal Government the Architectural and Transportation Barriers Compliance 

Board (hereinafter referred to as the ‘‘Access Board’’) which shall 

be composed as follows: 

(A) Thirteen members shall be appointed by the President 

from among members of the general public of whom at least 

a majority shall be individuals with disabilities. 

(B) The remaining members shall be the heads of each of 

the following departments or agencies (or their designees 

whose positions are executive level IV or higher): 

(i) Department of Health and Human Services. 

(ii) Department of Transportation. 

(iii) Department of Housing and Urban Development. 

(iv) Department of Labor. 

(v) Department of the Interior. 

(vi) Department of Defense. 

(vii) Department of Justice. 

(viii) General Services Administration. 

(ix) Department of Veterans Affairs. 

(x) United States Postal Service. 

(xi) Department of Education. 

(xii) Department of Commerce. 

The chairperson and vice-chairperson of the Access Board shall be 

elected by majority vote of the members of the Access Board to 

serve for terms of one year. When the chairperson is a member of 

the general public, the vice-chairperson shall be a Federal official; 

and when the chairperson is a Federal official, the vice-chairperson 

shall be a member of the general public. Upon the expiration of the 

term as chairperson of a member who is a Federal official, the subsequent chairperson shall be a member of the general public; and 

vice versa. 

(2)(A)(i) The term of office of each appointed member of the Access Board shall be 4 years, except as provided in clause (ii). Each 

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135 REHABILITATION ACT OF 1973 Sec. 502 

year, the terms of office of at least three appointed members of the 

Access Board shall expire. 

(ii)(I) One member appointed for a term beginning December 

4, 1992 shall serve for a term of 3 years. 

(II) One member appointed for a term beginning December 4, 

1993 shall serve for a term of 2 years. 

(III) One member appointed for a term beginning December 4, 

1994 shall serve for a term of 1 year. 

(IV) Members appointed for terms beginning before December 

4, 1992 shall serve for terms of 3 years. 

(B) A member whose term has expired may continue to serve 

until a successor has been appointed. 

(C) A member appointed to fill a vacancy shall serve for the 

remainder of the term to which that member’s predecessor was appointed. 

(3) If any appointed member of the Access Board becomes a 

Federal employee, such member may continue as a member of the 

Access Board for not longer than the sixty-day period beginning on 

the date the member becomes a Federal employee. 

(4) No individual appointed under paragraph (1)(A) of this subsection who has served as a member of the Access Board may be 

reappointed to the Access Board more than once unless such individual has not served on the Access Board for a period of two years 

prior to the effective date of such individual’s appointment. 

(5)(A) Members of the Access Board who are not regular fulltime employees of the United States shall, while serving on the 

business of the Access Board, be entitled to receive compensation 

at rates fixed by the President, but not to exceed the daily equivalent of the rate of pay for level IV of the Executive Schedule under 

section 5315 of title 5, United States Code, including travel time, 

for each day they are engaged in the performance of their duties 

as members of the Access Board; and shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out their duties under this section. 

(B) Members of the Access Board who are employed by the 

Federal Government shall serve without compensation, but shall be 

reimbursed for travel, subsistence, and other necessary expenses 

incurred by them in carrying out their duties under this section. 

(6)(A) The Access Board shall establish such bylaws and other 

rules as may be appropriate to enable the Access Board to carry 

out its functions under this Act. 

(B) The bylaws shall include quorum requirements. The 

quorum requirements shall provide that (i) a proxy may not be 

counted for purposes of establishing a quorum, and (ii) not less 

than half the members required for a quorum shall be members of 

the general public appointed under paragraph (1)(A). 

(b) It shall be the function of the Access Board to— 

(1) ensure compliance with the standards prescribed pursuant to the Act entitled ‘‘An Act to ensure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the physically handicapped’’, approved August 12, 1968 (commonly known as the Architectural 


Barriers Act of 1968; 42 U.S.C. 4151 et seq.) (including the application of such Act to the United States Postal Service), in-


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Sec. 502 REHABILITATION ACT OF 1973 136 

cluding enforcing all standards under such Act, and ensuring 

that all waivers and modifications to the standards are based 

on findings of fact and are not inconsistent with the provisions 

of this section; 

(2) develop advisory information for, and provide appropriate technical assistance to, individuals or entities with 

rights or duties under regulations prescribed pursuant to this 

title or titles II and III of the Americans with Disabilities Act 

of 1990 (42 U.S.C. 12131 et seq. and 12181 et seq.) with respect to overcoming architectural, transportation, and communication barriers; 

(3) establish and maintain— 

(A) minimum guidelines and requirements for the 

standards issued pursuant to the Act commonly known as 

the Architectural Barriers Act of 1968; 

(B) minimum guidelines and requirements for the 

standards issued pursuant to titles II and III of the Americans with Disabilities Act of 1990; 

(C) guidelines for accessibility of telecommunications 

equipment and customer premises equipment under section 255 of the Telecommunications Act of 1934 (47 U.S.C. 

255); and 

(D) standards for accessible electronic and information 

technology under section 508; 

(4) promote accessibility throughout all segments of society; 

(5) investigate and examine alternative approaches to the 

architectural, transportation, communication, and attitudinal 

barriers confronting individuals with disabilities, particularly 

with respect to telecommunications devices, public buildings 

and monuments, parks and parklands, public transportation 

(including air, water, and surface transportation, whether 

interstate, foreign, intrastate, or local), and residential and institutional housing; 

(6) determine what measures are being taken by Federal, 

State, and local governments and by other public or nonprofit 

agencies to eliminate the barriers described in paragraph (5); 

(7) promote the use of the International Accessibility Symbol in all public facilities that are in compliance with the 

standards prescribed by the Administrator of General Services, 

the Secretary of Defense, and the Secretary of Housing and 

Urban Development pursuant to the Act commonly known as 

the Architectural Barriers Act of 1968; 

(8) make to the President and to the Congress reports that 

shall describe in detail the results of its investigations under 

paragraphs (5) and (6); 

(9) make to the President and to the Congress such recommendations for legislative and administrative changes as 

the Access Board determines to be necessary or desirable to 

eliminate the barriers described in paragraph (5); 

(10) ensure that public conveyances, including rolling 

stock, are readily accessible to, and usable by, individuals with 

physical disabilities; and 

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137 REHABILITATION ACT OF 1973 Sec. 502 

(11) carry out the responsibilities specified for the Access 

Board in section 508. 

(c) The Access Board shall also (1)(A) determine how and to 

what extent transportation barriers impede the mobility of individuals with disabilities and aged individuals with disabilities and 

consider ways in which travel expenses in connection with transportation to and from work for individuals with disabilities can be 

met or subsidized when such individuals are unable to use mass 

transit systems or need special equipment in private transportation, and (B) consider the housing needs of individuals with disabilities; (2) determine what measures are being taken, especially 

by public and other nonprofit agencies and groups having an interest in and a capacity to deal with such problems, (A) to eliminate 

barriers from public transportation systems (including vehicles 

used in such systems), and to prevent their incorporation in new 

or expanded transportation systems, and (B) to make housing 

available and accessible to individuals with disabilities or to meet 

sheltered housing needs; and (3) prepare plans and proposals for 

such further actions as may be necessary to the goals of adequate 

transportation and housing for individuals with disabilities, including proposals for bringing together in a cooperative effort, agencies, 

organizations, and groups already working toward such goals or 

whose cooperation is essential to effective and comprehensive action. 

(d) Beginning in fiscal year 2000, the Access Board, after consultation with the Secretary, representatives of such public and private entities as the Access Board determines to be appropriate (including the electronic and information technology industry), targeted individuals and entities (as defined in section 3 of the Assistive Technology Act of 1998), and State information technology officers, shall provide training for Federal and State employees on any 

obligations related to section 508 of the Rehabilitation Act of 1973. 

(e)(1) The Access Board shall conduct investigations, hold public hearings, and issue such orders as it deems necessary to ensure 

compliance with the provisions of the Acts cited in subsection (b). 

Except as provided in paragraph (3) of subsection (f), the provisions 

of subchapter II of chapter 5, and chapter 7 of title 5, United States 

Code, shall apply to procedures under this subsection, and an order 

of compliance issued by the Access Board shall be a final order for 

purposes of judicial review. Any such order affecting any Federal 

department, agency, or instrumentality of the United States shall 

be final and binding on such department, agency, or instrumentality. An order of compliance may include the withholding or suspension of Federal funds with respect to any building or public conveyance or rolling stock found not to be in compliance with standards enforced under this section. Pursuant to chapter 7 of title 5, 

United States Code, any complainant or participant in a proceeding 

under this subsection may obtain review of a final order issued in 

such proceeding. 

(2) The Executive Director is authorized, at the direction of the 

Access Board— 

(A) to bring a civil action in any appropriate United States 

district court to enforce, in whole or in part, any final order of 

the Access Board under this subsection; and 

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January 7, 2016 

Sec. 502 REHABILITATION ACT OF 1973 138 

(B) to intervene, appear, and participate, or to appear as 


amicus curiae, in any court of the United States or in any 


court of a State in civil actions that relate to this section or to 


the Architectural Barriers Act of 1968. 


Except as provided in section 518(a) of title 28, United States Code, 

relating to litigation before the Supreme Court, the executive director may appear for and represent the Access Board in any civil litigation brought under this section. 

(f)(1) There shall be appointed by the Access Board an executive director and such other professional and clerical personnel as 

are necessary to carry out its functions under this Act. The Access 

Board is authorized to appoint as many hearing examiners as are 

necessary for proceedings required to be conducted under this section. The provisions applicable to hearing examiners appointed 

under section 3105 of title 5, United States Code, shall apply to 

hearing examiners appointed under this subsection. 

(2) The Executive Director shall exercise general supervision 

over all personnel employed by the Access Board (other than hearing examiners and their assistants). The Executive Director shall 

have final authority on behalf of the Access Board, with respect to 

the investigation of alleged noncompliance and in the issuance of 

formal complaints before the Access Board, and shall have such 

other duties as the Access Board may prescribe. 

(3) For the purpose of this section, an order of compliance 

issued by a hearing examiner shall be deemed to be an order of the 

Access Board and shall be the final order for the purpose of judicial 

review. 

(g)(1)(A) In carrying out the technical assistance responsibilities of the Access Board under this section, the Board may enter 

into an interagency agreement with another Federal department or 

agency. 

(B) Any funds appropriated to such a department or agency for 

the purpose of providing technical assistance may be transferred to 

the Access Board. Any funds appropriated to the Access Board for 

the purpose of providing such technical assistance may be transferred to such department or agency. 

(C) The Access Board may arrange to carry out the technical 

assistance responsibilities of the Board under this section through 

such other departments and agencies for such periods as the Board 

determines to be appropriate. 

(D) The Access Board shall establish a procedure to ensure 

separation of its compliance and technical assistance responsibilities under this section. 

(2) The departments or agencies specified in subsection (a) of 

this section shall make available to the Access Board such technical, administrative, or other assistance as it may require to carry 

out its functions under this section, and the Access Board may appoint such other advisers, technical experts, and consultants as it 

deems necessary to assist it in carrying out its functions under this 

section. Special advisory and technical experts and consultants appointed pursuant to this paragraph shall, while performing their 

functions under this section, be entitled to receive compensation at 

rates fixed by the Chairperson, but not exceeding the daily equivalent of the rate of pay for level 4 of the Senior Executive Service 

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139 REHABILITATION ACT OF 1973 Sec. 502 

Schedule under section 5382 of title 5, United States Code, including travel time, and while serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 

5703 of such title 5 for persons in the Government service employed intermittently. 

(h)(1) The Access Board shall, at the end of each fiscal year, 

report its activities during the preceding fiscal year to the Congress. Such report shall include an assessment of the extent of 

compliance with the Acts cited in subsection (b) of this section, 

along with a description and analysis of investigations made and 

actions taken by the Access Board, and the reports and recommendations described in paragraphs (8) and (9) of such subsection. 

(2) The Access Board shall, at the same time that the Access 

Board transmits the report required under section 7(b) of the Act 

commonly known as the Architectural Barriers Act of 1968 (42 

U.S.C. 4157(b)), transmit the report to the Committee on Education 

and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate. 

(i)(1) The Access Board may make grants to, or enter into contracts with, public or private organizations to carry out its duties 

under subsections (b) and (c). 

(2)(A) The Access Board may accept, hold, administer, and utilize gifts, devises, and bequests of property, both real and personal, 

for the purpose of aiding and facilitating the functions of the Access 

Board under paragraphs (2) and (4) of subsection (b). Gifts and bequests of money and proceeds from sales of other property received 

as gifts, devises, or bequests shall be deposited in the Treasury and 

shall be disbursed upon the order of the Chairperson. Property accepted pursuant to this section, and the proceeds thereof, shall be 

used as nearly as possible in accordance with the terms of the gifts, 

devises, or bequests. For purposes of Federal income, estate, or gift 

taxes, property accepted under this section shall be considered as 

a gift, devise, or bequest to the United States. 

(B) The Access Board shall publish regulations setting forth 

the criteria the Board will use in determining whether the acceptance of gifts, devises, and bequests of property, both real and personal, would reflect unfavorably upon the ability of the Board or 

any employee to carry out the responsibilities or official duties of 

the Board in a fair and objective manner, or would compromise the 

integrity of or the appearance of the integrity of a Government program or any official involved in that program. 

(j) There are authorized to be appropriated for the purpose of 

carrying out the duties and functions of the Access Board under 

this section $7,448,000 for fiscal year 2015, $8,023,000 for fiscal 

year 2016, $8,190,000 for fiscal year 2017, $8,371,000 for fiscal 

year 2018, $8,568,000 for fiscal year 2019, and $8,750,000 for fiscal 

year 2020. 

ø29 U.S.C. 792¿ 

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Sec. 503 REHABILITATION ACT OF 1973 140 

EMPLOYMENT UNDER FEDERAL CONTRACTS 

SEC. 503. (a) Any contract in excess of $10,000 entered into by 

any Federal department or agency for the procurement of personal 

property and nonpersonal services (including construction) for the 

United States shall contain a provision requiring that the party 

contracting with the United States shall take affirmative action to 

employ and advance in employment qualified individuals with disabilities. The provisions of this section shall apply to any subcontract in excess of $10,000 entered into by a prime contractor in 

carrying out any contract for the procurement of personal property 

and nonpersonal services (including construction) for the United 

States. The President shall implement the provisions of this section 

by promulgating regulations within ninety days after the date of 

enactment of this section. 

(b) If any individual with a disability believes any contractor 

has failed or refused to comply with the provisions of a contract 

with the United States, relating to employment of individuals with 

disabilities, such individual may file a complaint with the Department of Labor. The Department shall promptly investigate such 

complaint and shall take such action thereon as the facts and circumstances warrant, consistent with the terms of such contract 

and the laws and regulations applicable thereto. 

(c)(1) The requirements of this section may be waived, in whole 

or in part, by the President with respect to a particular contract 

or subcontract, in accordance with guidelines set forth in regulations which the President shall prescribe, when the President determines that special circumstances in the national interest so require and states in writing the reasons for such determination. 

(2)(A) The Secretary of Labor may waive the requirements of 

the affirmative action clause required by regulations promulgated 

under subsection (a) with respect to any of a prime contractor’s or 

subcontractor’s facilities that are found to be in all respects separate and distinct from activities of the prime contractor or subcontractor related to the performance of the contract or subcontract, 

if the Secretary of Labor also finds that such a waiver will not 

interfere with or impede the effectuation of this Act. 

(B) Such waivers shall be considered only upon the request of 

the contractor or subcontractor. The Secretary of Labor shall promulgate regulations that set forth the standards used for granting 

such a waiver. 

(d) The standards used to determine whether this section has 

been violated in a complaint alleging nonaffirmative action employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 

(42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 

504, and 510, of the Americans with Disabilities Act of 1990 (42 

U.S.C. 12201–12204 and 12210), as such sections relate to employment. 

(e) The Secretary shall develop procedures to ensure that administrative complaints filed under this section and under the 

Americans with Disabilities Act of 1990 are dealt with in a manner 

that avoids duplication of effort and prevents imposition of inconJanuary 7, 2016 As Amended Through P.L. 114-95, Enacted December 10, 2015 

 

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January 7, 2016 

141 REHABILITATION ACT OF 1973 Sec. 504 

sistent or conflicting standards for the same requirements under 

this section and the Americans with Disabilities Act of 1990. 

ø29 U.S.C. 793¿ 

NONDISCRIMINATION UNDER FEDERAL GRANTS AND PROGRAMS 

SEC. 504. (a) No otherwise qualified individual with a disability 

in the United States, as defined in section 7(20), shall, solely by 

reason of her or his disability, be excluded from the participation 

in, be denied the benefits of, or be subjected to discrimination 

under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive 

agency or by the United States Postal Service. The head of each 

such agency shall promulgate such regulations as may be necessary 

to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities 

Act of 1978. Copies of any proposed regulation shall be submitted 

to appropriate authorizing committees of the Congress, and such 

regulation may take effect no earlier than the thirtieth day after 

the date on which such regulation is so submitted to such committees. 

(b) For the purposes of this section, the term ‘‘program or activity’’ means all of the operations of— 

(1)(A) a department, agency, special purpose district, or 


other instrumentality of a State or of a local government; or 


(B) the entity of such State or local government that distributes such assistance and each such department or agency 


(and each other State or local government entity) to which the 


assistance is extended, in the case of assistance to a State or 


local government; 


(2)(A) a college, university, or other postsecondary institution, or a public system of higher education; or 


(B) a local educational agency (as defined in section 8101 


of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system; 


(3)(A) an entire corporation, partnership, or other private 


organization, or an entire sole proprietorship— 


(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a 

whole; or 

(ii) which is principally engaged in the business of providing education, health care, housing, social services, or 

parks and recreation; or 

(B) the entire plant or other comparable, geographically 


separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or 


(4) any other entity which is established by two or more 

of the entities described in paragraph (1), (2), or (3); 

any part of which is extended Federal financial assistance. 

(c) Small providers are not required by subsection (a) to make 

significant structural alterations to their existing facilities for the 

purpose of assuring program accessibility, if alternative means of 

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Sec. 505 REHABILITATION ACT OF 1973 142 

section shall be construed with reference to the regulations existing 

on the date of the enactment of this subsection. 

(d) The standards used to determine whether this section has 

been violated in a complaint alleging employment discrimination 

under this section shall be the standards applied under title I of 

the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et 

seq.) and the provisions of sections 501 through 504, and 510, of 

the Americans with Disabilities Act of 1990 (42 U.S.C. 12201– 

12204 and 12210), as such sections relate to employment. 

ø29 U.S.C. 794¿ 

REMEDIES AND ATTORNEYS’ FEES 

SEC. 505. 14 (a)(1) The remedies, procedures, and rights set 

forth in section 717 of the Civil Rights Act of 1964 (42 US.C. 

2000e–16), including the application of sections 706(f) through 

706(k) (42 U.S.C. 2000e–5 (f) through (k)) (and the application of 

section 706(e)(3) (42 U.S.C. 2000e–5(e)(3)) to claims of discrimination in compensation), shall be available, with respect to any complaint under section 501 of this Act, to any employee or applicant 

for employment aggrieved by the final disposition of such complaint, or by the failure to take final action on such complaint. In 

fashioning an equitable or affirmative action remedy under such 

section, a court may take into account the reasonableness of the 

cost of any necessary work place accommodation, and the availability of alternatives therefor or other appropriate relief in order 

to achieve an equitable and appropriate remedy. 

(2) The remedies, procedures, and rights set forth in title VI 

of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) (and in 

subsection (e)(3) of section 706 of such Act (42 U.S.C. 2000e–5), applied to claims of discrimination in compensation) shall be available to any person aggrieved by any act or failure to act by any 

recipient of Federal assistance or Federal provider of such assistance under section 504 of this Act. 

(b) In any action or proceeding to enforce or charge a violation 

of a provision of this title, the court, in its discretion, may allow 

the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs. 

ø29 U.S.C. 794a¿ 

SECRETARIAL RESPONSIBILITIES 

SEC. 506. (a) The Secretary may provide directly or by contract 

with State vocational rehabilitation agencies or experts or consultants or groups thereof, technical assistance— 

(1) to persons operating community rehabilitation programs; and 

14 Section 1003 of Public Law 99–506 (42 U.S.C. 2000 d–7) provides in part that a ‘‘State shall 

not be immune under the Eleventh Amendment of the Constitution of the United States from 

suit in Federal court for a violation of section 504 of the Rehabilitation Act of 1973’’. Such section 1003 further provides in part that in a suit for a violation of such section 504 ‘‘remedies 

(including remedies both at law and in equity) are available for such a violation to the same 

extent as such remedies are available for such a violation in the suit against any public or private entity other than a State’’. 

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January 7, 2016 

143 REHABILITATION ACT OF 1973 Sec. 507 

(2) with the concurrence of the Access Board established 


by section 502, to any public or nonprofit agency, institution, 


or organization; 


for the purpose of assisting such persons or entities in removing architectural, transportation, or communication barriers.Any concurrence of the Access Board under paragraph (2) shall reflect its consideration of cost studies carried out by States. 

(b) Any such experts or consultants, while serving pursuant to 

such contracts, shall be entitled to receive compensation at rates 

fixed by the Secretary, but not exceeding the daily equivalent of the 

rate of pay for level 4 of the Senior Executive Service Schedule 

under section 5382 of title 5, United States Code, including travel 

time, and while so serving away from their homes or regular places 

of business, they may be allowed travel expenses, including per 

diem in lieu of subsistence, as authorized by section 5703 of title 

5, United States Code, for persons in the Government service employed intermittently. 

(c) The Secretary, with the concurrence of the Access Board 

and the President, may provide, directly or by contract, financial 

assistance to any public or nonprofit agency, institution, or organization for the purpose of removing architectural, transportation, 

and communication barriers. No assistance may be provided under 

this subsection until a study demonstrating the need for such assistance has been conducted and submitted under section 502(i)(1) 

of this title. 

(d) In order to carry out this section, there are authorized to 

be appropriated such sums as may be necessary. 

ø29 U.S.C. 794b¿ 

SEC. 507. INTERAGENCY DISABILITY COORDINATING COUNCIL. 

(a) ESTABLISHMENT.—There is hereby established an Interagency Disability Coordinating Council (hereafter in this section referred to as the ‘‘Council’’) composed of the Secretary of Education, 

the Secretary of Health and Human Services, the Secretary of 

Labor, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Assistant Secretary of the Interior for 

Indian Affairs, the Attorney General, the Director of the Office of 

Personnel Management, the Chairperson of the Equal Employment 

Opportunity Commission, the Chairperson of the Architectural and 

Transportation Barriers Compliance Board, the Chairperson of the 

National Council on Disability, and such other officials as may be 

designated by the President. 

(b) DUTIES.—The Council shall— 

(1) have the responsibility for developing and implementing agreements, policies, and practices designed to maximize effort, promote efficiency, and eliminate conflict, competition, duplication, and inconsistencies among the operations, 


functions, and jurisdictions of the various departments, agencies, and branches of the Federal Government responsible for 


the implementation and enforcement of the provisions of this 


title, and the regulations prescribed thereunder; 


(2) be responsible for developing and implementing agreements, policies, and practices designed to coordinate operations, functions, and jurisdictions of the various departments 


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January 7, 2016 

Sec. 508 REHABILITATION ACT OF 1973 144 

and agencies of the Federal Government responsible for promoting the full integration into society, independence, and productivity of individuals with disabilities; and 


(3) carry out such studies and other activities, subject to 


the availability of resources, with advice from the National 


Council on Disability, in order to identify methods for overcoming barriers to integration into society, independence, and 


productivity of individuals with disabilities. 


(c) REPORT.—On or before July 1 of each year, the Interagency 

Disability Coordinating Council shall prepare and submit to the 

President and to the Congress a report of the activities of the 

Council designed to promote and meet the employment needs of individuals with disabilities, together with such recommendations for 

legislative and administrative changes as the Council concludes are 

desirable to further promote this section, along with any comments 

submitted by the National Council on Disability as to the effectiveness of such activities and recommendations in meeting the needs 

of individuals with disabilities. Nothing in this section shall impair 

any responsibilities assigned by any Executive order to any Federal 

department, agency, or instrumentality to act as a lead Federal 

agency with respect to any provisions of this title. 

ø29 U.S.C. 794c¿ 

SEC. 508. ELECTRONIC AND INFORMATION TECHNOLOGY. 

(a) REQUIREMENTS FOR FEDERAL DEPARTMENTS AND 

AGENCIES.— 

(1) ACCESSIBILITY.— (A) DEVELOPMENT, PROCUREMENT, MAINTENANCE, OR 

USE OF ELECTRONIC AND INFORMATION TECHNOLOGY.— When developing, procuring, maintaining, or using electronic and information technology, each Federal department or agency, including the United States Postal Service, shall ensure, unless an undue burden would be imposed on the department or agency, that the electronic and 

information technology allows, regardless of the type of 

medium of the technology— 

(i) individuals with disabilities who are Federal 

employees to have access to and use of information 

and data that is comparable to the access to and use 

of the information and data by Federal employees who 

are not individuals with disabilities; and 

(ii) individuals with disabilities who are members 

of the public seeking information or services from a 

Federal department or agency to have access to and 

use of information and data that is comparable to the 

access to and use of the information and data by such 

members of the public who are not individuals with 

disabilities. 

(B) ALTERNATIVE MEANS EFFORTS.—When development, procurement, maintenance, or use of electronic and 

information technology that meets the standards published 

by the Access Board under paragraph (2) would impose an 

undue burden, the Federal department or agency shall 

provide individuals with disabilities covered by paragraph 

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145 REHABILITATION ACT OF 1973 Sec. 508 

(1) with the information and data involved by an alternative means of access that allows the individual to use 

the information and data. 

(2) ELECTRONIC AND INFORMATION TECHNOLOGY STANDARDS.— 

(A) IN GENERAL.—Not later than 18 months after the 

date of enactment of the Rehabilitation Act Amendments 

of 1998, the Architectural and Transportation Barriers 

Compliance Board (referred to in this section as the ‘‘Access Board’’), after consultation with the Secretary of Education, the Administrator of General Services, the Secretary of Commerce, the Chairman of the Federal Communications Commission, the Secretary of Defense, and the 

head of any other Federal department or agency that the 

Access Board determines to be appropriate, including consultation on relevant research findings, and after consultation with the electronic and information technology industry and appropriate public or nonprofit agencies or organizations, including organizations representing individuals 

with disabilities, shall issue and publish standards setting 

forth— 

(i) for purposes of this section, a definition of electronic and information technology that is consistent 

with the definition of information technology specified 

in section 5002(3) of the Clinger-Cohen Act of 1996 (40 

U.S.C. 1401(3)); and 

(ii) the technical and functional performance criteria necessary to implement the requirements set 

forth in paragraph (1). 

(B) REVIEW AND AMENDMENT.—The Access Board shall 

periodically review and, as appropriate, amend the standards required under subparagraph (A) to reflect technological advances or changes in electronic and information 

technology. 

(3) INCORPORATION OF STANDARDS.—Not later than 6 

months after the Access Board publishes the standards required under paragraph (2), the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation 

and each Federal department or agency shall revise the Federal procurement policies and directives under the control of 

the department or agency to incorporate those standards. Not 

later than 6 months after the Access Board revises any standards required under paragraph (2), the Council shall revise the 

Federal Acquisition Regulation and each appropriate Federal 

department or agency shall revise the procurement policies and 

directives, as necessary, to incorporate the revisions. 

(4) ACQUISITION PLANNING.—In the event that a Federal 

department or agency determines that compliance with the 

standards issued by the Access Board under paragraph (2) relating to procurement imposes an undue burden, the documentation by the department or agency supporting the procurement shall explain why compliance creates an undue burden. 

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January 7, 2016 

Sec. 508 REHABILITATION ACT OF 1973 146 

(5) EXEMPTION FOR NATIONAL SECURITY SYSTEMS.—This 


section shall not apply to national security systems, as that 


term is defined in section 5142 of the Clinger-Cohen Act of 


1996 (40 U.S.C. 1452). 


(6) CONSTRUCTION.— (A) EQUIPMENT.—In a case in which the Federal Government provides access to the public to information or 

data through electronic and information technology, nothing in this section shall be construed to require a Federal 

department or agency— 

(i) to make equipment owned by the Federal Government available for access and use by individuals 

with disabilities covered by paragraph (1) at a location 

other than that where the electronic and information 

technology is provided to the public; or 

(ii) to purchase equipment for access and use by 

individuals with disabilities covered by paragraph (1) 

at a location other than that where the electronic and 

information technology is provided to the public. 

(B) SOFTWARE AND PERIPHERAL DEVICES.—Except as 

required to comply with standards issued by the Access 

Board under paragraph (2), nothing in paragraph (1) requires the installation of specific accessibility-related software or the attachment of a specific accessibility-related 

peripheral device at a workstation of a Federal employee 

who is not an individual with a disability. 

(b) TECHNICAL ASSISTANCE.—The Administrator of General 

Services and the Access Board shall provide technical assistance to 

individuals and Federal departments and agencies concerning the 

requirements of this section. 

(c) AGENCY EVALUATIONS.—Not later than 6 months after the 

date of enactment of the Rehabilitation Act Amendments of 1998, 

the head of each Federal department or agency shall evaluate the 

extent to which the electronic and information technology of the department or agency is accessible to and usable by individuals with 

disabilities described in subsection (a)(1), compared to the access to 

and use of the technology by individuals described in such subsection who are not individuals with disabilities, and submit a report containing the evaluation to the Attorney General. 

(d) REPORTS.— 

(1) INTERIM REPORT.—Not later than 18 months after the 


date of enactment of the Rehabilitation Act Amendments of 


1998, the Attorney General shall prepare and submit to the 


President a report containing information on and recommendations regarding the extent to which the electronic and information technology of the Federal Government is accessible to and 


usable by individuals with disabilities described in subsection 


(a)(1). 


(2) BIENNIAL REPORTS.—Not later than 3 years after the 


date of enactment of the Rehabilitation Act Amendments of 


1998, and every 2 years thereafter, the Attorney General shall 


prepare and submit to the President and Congress a report 


containing information on and recommendations regarding the 


state of Federal department and agency compliance with the 


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147 REHABILITATION ACT OF 1973 Sec. 509 

requirements of this section, including actions regarding individual complaints under subsection (f). 

(e) COOPERATION.—Each head of a Federal department or 

agency (including the Access Board, the Equal Employment Opportunity Commission, and the General Services Administration) shall 

provide to the Attorney General such information as the Attorney 

General determines is necessary to conduct the evaluations under 

subsection (c) and prepare the reports under subsection (d). 

(f) ENFORCEMENT.— 

(1) GENERAL.— 

(A) COMPLAINTS.—Effective 6 months after the date of 

publication by the Access Board of final standards described in subsection (a)(2), any individual with a disability may file a complaint alleging that a Federal department or agency fails to comply with subsection (a)(1) in 

providing electronic and information technology. 

(B) APPLICATION.—This subsection shall apply only to 

electronic and information technology that is procured by 

a Federal department or agency not less than 6 months 

after the date of publication by the Access Board of final 

standards described in subsection (a)(2). 

(2) ADMINISTRATIVE COMPLAINTS.—Complaints filed under 

paragraph (1) shall be filed with the Federal department or 

agency alleged to be in noncompliance. The Federal department or agency receiving the complaint shall apply the complaint procedures established to implement section 504 for resolving allegations of discrimination in a federally conducted 

program or activity. 

(3) CIVIL ACTIONS.—The remedies, procedures, and rights 

set forth in sections 505(a)(2) and 505(b) shall be the remedies, 

procedures, and rights available to any individual with a disability filing a complaint under paragraph (1). 

(g) APPLICATION TO OTHER FEDERAL LAWS.—This section shall 

not be construed to limit any right, remedy, or procedure otherwise 

available under any provision of Federal law (including sections 

501 through 505) that provides greater or equal protection for the 

rights of individuals with disabilities than this section. 

ø29 U.S.C. 794d¿ 

SEC. 509. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS. 

(a) PURPOSE AND CONSTRUCTION.— (1) PURPOSE.—The purpose of this section is to support a 

system in each State to protect the legal and human rights of 

individuals with disabilities who— 

(A) need services that are beyond the scope of services 

authorized to be provided by the client assistance program 

under section 112; and 

(B)(i) are ineligible for protection and advocacy programs under subtitle C of the Developmental Disabilities 

Assistance and Bill of Rights Act of 2000 15 because the in15 So in law. Probably should read ‘‘subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000’’. See the amendment made by section 401(b)(3)(C) of 

Continued 

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Sec. 509 REHABILITATION ACT OF 1973 148 

dividuals do not have a developmental disability, as defined in section 102 of such Act (42 U.S.C. 6002); and 

(ii) are ineligible for services under the Protection and 

Advocacy for Mentally Ill Individuals Act of 1986 (42 

U.S.C. 10801 et seq.) because the individuals are not individuals with mental illness, as defined in section 102 of 

such Act (42 U.S.C. 10802). 

(2) CONSTRUCTION.—This section shall not be construed to 

require the provision of protection and advocacy services that 

can be provided under the Assistive Technology Act of 1998. 

(b) APPROPRIATIONS LESS THAN $5,500,000.—For any fiscal 

year in which the amount appropriated to carry out this section is 

less than $5,500,000, the Commissioner may make grants from 

such amount to eligible systems within States to plan for, develop 

outreach strategies for, and carry out protection and advocacy programs authorized under this section for individuals with disabilities who meet the requirements of subparagraphs (A) and (B) of 

subsection (a)(1). 

(c) APPROPRIATIONS OF $5,500,000 OR MORE.— 

(1) RESERVATIONS.— 

(A) TECHNICAL ASSISTANCE.—For any fiscal year in 

which the amount appropriated to carry out this section 

equals or exceeds $5,500,000, the Commissioner shall set 

aside not less than 1.8 percent and not more than 2.2 percent of the amount to provide a grant, contract, or cooperative agreement for training and technical assistance to the 

systems established under this section. 

(B) GRANT FOR THE ELIGIBLE SYSTEM SERVING THE 

AMERICAN INDIAN CONSORTIUM.—For any fiscal year in 

which the amount appropriated to carry out this section 

equals or exceeds $10,500,000, the Commissioner shall reserve a portion, and use the portion to make a grant for 

the eligible system serving the American Indian consortium. The Commission shall make the grant in an amount 

of not less than $50,000 for the fiscal year. 

(2) ALLOTMENTS.—For any such fiscal year, after the reservations required by paragraph (1) have been made, the Commissioner shall make allotments from the remainder of such 

amount in accordance with paragraph (3) to eligible systems 

within States to enable such systems to carry out protection 

and advocacy programs authorized under this section for individuals referred to in subsection (b). 

(3) SYSTEMS WITHIN STATES.— 

(A) POPULATION BASIS.—Except as provided in subparagraph (B), from such remainder for each such fiscal 

year, the Commissioner shall make an allotment to the eligible system within a State of an amount bearing the same 

ratio to such remainder as the population of the State 

bears to the population of all States. 

(B) MINIMUMS.—Subject to the availability of appropriations to carry out this section, and except as provided 

the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Public Law 106–402; 

114 Stat. 1738). 

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149 REHABILITATION ACT OF 1973 Sec. 509 

in paragraph (4), the allotment to any system under subparagraph (A) shall be not less than $100,000 or 1⁄3 of 1 

percent of the remainder for the fiscal year for which the 

allotment is made, whichever is greater, and the allotment 

to any system under this section for any fiscal year that 

is less than $100,000 or 1⁄3 of 1 percent of such remainder 

shall be increased to the greater of the two amounts. 

(4) SYSTEMS WITHIN OTHER JURISDICTIONS.— (A) IN GENERAL.—For the purposes of paragraph 

(3)(B), Guam, American Samoa, the United States Virgin 

Islands, and the Commonwealth of the Northern Mariana 

Islands shall not be considered to be States. 

(B) ALLOTMENT.—The eligible system within a jurisdiction described in subparagraph (A) shall be allotted 

under paragraph (3)(A) not less than $50,000 for the fiscal 

year for which the allotment is made. 

(5) ADJUSTMENT FOR INFLATION.—For any fiscal year, beginning in fiscal year 1999, in which the total amount appropriated to carry out this section exceeds the total amount appropriated to carry out this section for the preceding fiscal 

year, the Commissioner shall increase each of the minimum 

grants or allotments under paragraphs (1)(B), (3)(B), and (4)(B) 

by a percentage that shall not exceed the percentage increase 

in the total amount appropriated to carry out this section between the preceding fiscal year and the fiscal year involved. 

(d) PROPORTIONAL REDUCTION.—To provide minimum allotments to systems within States (as increased under subsection 

(c)(5)) under subsection (c)(3)(B), or to provide minimum allotments 

to systems within States (as increased under subsection (c)(5)) 

under subsection (c)(4)(B), the Commissioner shall proportionately 

reduce the allotments of the remaining systems within States 

under subsection (c)(3), with such adjustments as may be necessary 

to prevent the allotment of any such remaining system within a 

State from being reduced to less than the minimum allotment for 

a system within a State (as increased under subsection (c)(5)) 

under subsection (c)(3)(B), or the minimum allotment for a State 

(as increased under subsection (c)(5)) under subsection (c)(4)(B), as 

appropriate. 

(e) REALLOTMENT.—Whenever the Commissioner determines 

that any amount of an allotment to a system within a State for any 

fiscal year described in subsection (c)(1) will not be expended by 

such system in carrying out the provisions of this section, the Commissioner shall make such amount available for carrying out the 

provisions of this section to one or more of the systems that the 

Commissioner determines will be able to use additional amounts 

during such year for carrying out such provisions. Any amount 

made available to a system for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded 

as an increase in the allotment of the system (as determined under 

the preceding provisions of this section) for such year. 

(f) APPLICATION.—In order to receive assistance under this section, an eligible system shall submit an application to the Commissioner, at such time, in such form and manner, and containing such 

information and assurances as the Commissioner determines necJanuary 7, 2016 As Amended Through P.L. 114-95, Enacted December 10, 2015 

 

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January 7, 2016 

Sec. 509 REHABILITATION ACT OF 1973 150 

essary to meet the requirements of this section, including assurances that the eligible system will— 

(1) have in effect a system to protect and advocate the 


rights of individuals with disabilities; 


(2) have the same general authorities, including the authority to access records and program income, as are set forth 


in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000; 


(3) have the authority to pursue legal, administrative, and 


other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of such individuals within 


the State or the American Indian consortium who are individuals described in subsection (a)(1); 


(4) provide information on and make referrals to programs 


and services addressing the needs of individuals with disabilities in the State or the American Indian consortium; 


(5) develop a statement of objectives and priorities on an 


annual basis, and provide to the public, including individuals 


with disabilities and, as appropriate, the individuals’ representatives, an opportunity to comment on the objectives and 


priorities established by, and activities of, the system including— 


(A) the objectives and priorities for the activities of the 

system for each year and the rationale for the establishment of such objectives and priorities; and 

(B) the coordination of programs provided through the 

system under this section with the advocacy programs of 

the client assistance program under section 112, the State 

long-term care ombudsman program established under the 

Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), the 

Developmental Disabilities Assistance and Bill of Rights 

Act of 2000, and the Protection and Advocacy for Mentally 

Ill Individuals Act of 1986 (42 U.S.C. 10801 et seq.); 

(6) establish a grievance procedure for clients or prospective clients of the system to ensure that individuals with disabilities are afforded equal opportunity to access the services 


of the system; and 


(7) provide assurances to the Commissioner that funds 


made available under this section will be used to supplement 


and not supplant the non-Federal funds that would otherwise 


be made available for the purpose for which Federal funds are 


provided. 


(g) CARRYOVER AND DIRECT PAYMENT.— 

(1) DIRECT PAYMENT.—Notwithstanding any other provision of law, the Commissioner shall pay directly to any system 


that complies with the provisions of this section, the amount 


of the allotment of the State or the grant for the eligible system that serves the American Indian consortium involved 


under this section, unless the State or American Indian consortium provides otherwise. 


(2) CARRYOVER.—Any amount paid to an eligible system 


that serves a State or American Indian consortium for a fiscal 


year that remains unobligated at the end of such year shall remain available to such system that serves the State or Amer-


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151 REHABILITATION ACT OF 1973 Sec. 510 

ican Indian consortium for obligation during the next fiscal 

year for the purposes for which such amount was paid. 

(h) LIMITATION ON DISCLOSURE REQUIREMENTS.—For purposes 

of any audit, report, or evaluation of the performance of the program established under this section, the Commissioner shall not 

require such a program to disclose the identity of, or any other personally identifiable information related to, any individual requesting assistance under such program. 

(i) ADMINISTRATIVE COST.—In any State in which an eligible 

system is located within a State agency, a State may use a portion 

of any allotment under subsection (c) for the cost of the administration of the system required by this section. Such portion may not 

exceed 5 percent of the allotment. 

(j) DELEGATION.—The Commissioner may delegate the administration of this program to the Commissioner of the Administration on Developmental Disabilities within the Department of 

Health and Human Services. 

(k) REPORT.—The Commissioner shall annually prepare and 

submit to the Committee on Education and the Workforce of the 

House of Representatives and the Committee on Labor and Human 

Resources of the Senate a report describing the types of services 

and activities being undertaken by programs funded under this section, the total number of individuals served under this section, the 

types of disabilities represented by such individuals, and the types 

of issues being addressed on behalf of such individuals. 

(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $17,650,000 for fiscal 

year 2015, $19,013,000 for fiscal year 2016, $19,408,000 for fiscal 

year 2017, $19,838,000 for fiscal year 2018, $20,305,000 for fiscal 

year 2019, and $20,735,000 for fiscal year 2020. 

(m) DEFINITIONS.—As used in this section: 

(1) ELIGIBLE SYSTEM.—The term ‘‘eligible system’’ means a 

protection and advocacy system that is established under subtitle C of the Developmental Disabilities Assistance and Bill of 

Rights Act of 2000 17 and that meets the requirements of subsection (f). 

(2) AMERICAN INDIAN CONSORTIUM.—The term ‘‘American 

Indian consortium’’ means a consortium established as described in section 142 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042). 

ø29 U.S.C. 794e¿ 

SEC. 510. ESTABLISHMENT OF STANDARDS FOR ACCESSIBLE MEDICAL 

DIAGNOSTIC EQUIPMENT. 

(a) STANDARDS.—Not later than 24 months after the date of enactment of the Affordable Health Choices Act, the Architectural 

and Transportation Barriers Compliance Board shall, in consultation with the Commissioner of the Food and Drug Administration, 

promulgate regulatory standards in accordance with the Administrative Procedure Act (2 U.S.C. 551 et seq.) setting forth the min17 So in law. Probably should read ‘‘subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000’’. See the amendment made by section 401(b)(3)(C) of 

the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Public Law 106–402; 

114 Stat. 1738). 

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Sec. 511 REHABILITATION ACT OF 1973 152 

imum technical criteria for medical diagnostic equipment used in 

(or in conjunction with) physician’s offices, clinics, emergency 

rooms, hospitals, and other medical settings. The standards shall 

ensure that such equipment is accessible to, and usable by, individuals with accessibility needs, and shall allow independent entry to, 

use of, and exit from the equipment by such individuals to the 

maximum extent possible. 

(b) MEDICAL DIAGNOSTIC EQUIPMENT COVERED.—The standards issued under subsection (a) for medical diagnostic equipment 

shall apply to equipment that includes examination tables, examination chairs (including chairs used for eye examinations or procedures, and dental examinations or procedures), weight scales, 

mammography equipment, x-ray machines, and other radiological 

equipment commonly used for diagnostic purposes by health professionals. 

(c) REVIEW AND AMENDMENT.—The Architectural and Transportation Barriers Compliance Board, in consultation with the 

Commissioner of the Food and Drug Administration, shall periodically review and, as appropriate, amend the standards in accordance with the Administrative Procedure Act (2 U.S.C. 551 et seq.). 

ø29 U.S.C. 794f¿ 

øNote: Effective on July 22, 2016, section 458(a) of Public Law 

113–128 provides for an amendment to add at the end of title V 

the following new section:¿ 

SEC. 511. LIMITATIONS ON USE OF SUBMINIMUM WAGE. 

(a) IN GENERAL.—No entity, including a contractor or subcontractor of the entity, which holds a special wage certificate as described in section 14(c) of the Fair Labor Standards Act of 1938 (29 

U.S.C. 214(c)) may compensate an individual with a disability who 

is age 24 or younger at a wage (referred to in this section as a ‘‘subminimum wage’’) that is less than the Federal minimum wage unless 1 of the following conditions is met: 

(1) The individual is currently employed, as of the effective 

date of this section, by an entity that holds a valid certificate 

pursuant to section 14(c) of the Fair Labor Standards Act of 

1938. 

(2) The individual, before beginning work that is compensated at a subminimum wage, has completed, and produces 

documentation indicating completion of, each of the following 

actions: 

(A) The individual has received pre-employment transition services that are available to the individual under section 113, or transition services under the Individuals with 

Disabilities Education Act (20 U.S.C. 1400 et seq.) such as 

transition services available to the individual under section 

614(d) of that Act (20 U.S.C. 1414(d)). 

(B) The individual has applied for vocational rehabilitation services under title I, with the result that— 

(i)(I) the individual has been found ineligible for 

such services pursuant to that title and has documentation consistent with section 102(a)(5)(C) regarding the determination of ineligibility; or 

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153 REHABILITATION ACT OF 1973 Sec. 511 

January 7, 2016 

(II)(aa) the individual has been determined to be 

eligible for vocational rehabilitation services; 

(bb) the individual has an individualized plan for 

employment under section 102; 

(cc) the individual has been working toward an 

employment outcome specified in such individualized 

plan for employment, with appropriate supports and 

services, including supported employment services, for 

a reasonable period of time without success; and 

(dd) the individual’s vocational rehabilitation case 

is closed; and 

(ii)(I) the individual has been provided career 

counseling, and information and referrals to Federal 

and State programs and other resources in the individual’s geographic area that offer employment-related 

services and supports designed to enable the individual 

to explore, discover, experience, and attain competitive 

integrated employment; and 

(II) such counseling and information and referrals 

are not for employment compensated at a subminimum 

wage provided by an entity described in this subsection, and such employment-related services are not 

compensated at a subminimum wage and do not directly result in employment compensated at a subminimum wage provided by an entity described in this 

subsection. 

(b) CONSTRUCTION.— 

(1) RULE.—Nothing in this section shall be construed to— 

(A) change the purpose of this Act described in section 


2(b)(2), to empower individuals with disabilities to maximize opportunities for competitive integrated employment; 


or 


(B) preference employment compensated at a subminimum wage as an acceptable vocational rehabilitation 


strategy or successful employment outcome, as defined in 


section 7(11). 


(2) CONTRACTS.—A local educational agency (as defined in 

section 8101 of the Elementary and Secondary Education Act of 

1965) or a State educational agency (as defined in such section) 

may not enter into a contract or other arrangement with an entity described in subsection (a) for the purpose of operating a 

program for an individual who is age 24 or younger under 

which work is compensated at a subminimum wage. 

(3) VOIDABILITY.—The provisions in this section shall be 

construed in a manner consistent with the provisions of the 

Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), as 

amended before or after the effective date of this Act. 

(c) DURING EMPLOYMENT.— 

(1) IN GENERAL.—The entity described in subsection (a) 

may not continue to employ an individual, regardless of age, at 

a subminimum wage unless, after the individual begins work 

at that wage, at the intervals described in paragraph (2), the 

individual (with, in an appropriate case, the individual’s parent or guardian)— 

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Sec. 511 REHABILITATION ACT OF 1973 154 

January 7, 2016 

(A) is provided by the designated State unit career 


counseling, and information and referrals described in subsection (a)(2)(B)(ii), delivered in a manner that facilitates 


independent decisionmaking and informed choice, as the 


individual makes decisions regarding employment and career advancement; and 


(B) is informed by the employer of self-advocacy, self-


determination, and peer mentoring training opportunities 


available in the individual’s geographic area, provided by 


an entity that does not have any financial interest in the 


individual’s employment outcome, under applicable Federal 


and State programs or other sources. 


(2) TIMING.—The actions required under subparagraphs (A) 

and (B) of paragraph (1) shall be carried out once every 6 

months for the first year of the individual’s employment at a 

subminimum wage, and annually thereafter for the duration of 

such employment. 

(3) SMALL BUSINESS EXCEPTION.—In the event that the entity described in subsection (a) is a business with fewer than 15 

employees, such entity can satisfy the requirements of subparagraphs (A) and (B) of paragraph (1) by referring the individual, 

at the intervals described in paragraph (2), to the designated 

State unit for the counseling, information, and referrals described in paragraph (1)(A) and the information described in 

paragraph (1)(B). 

(d) DOCUMENTATION.— 

(1) IN GENERAL.—The designated State unit, in consultation with the State educational agency, shall develop a new 

process or utilize an existing process, consistent with guidelines 

developed by the Secretary, to document the completion of the 

actions described in subparagraphs (A) and (B) of subsection 

(a)(2) by a youth with a disability who is an individual with 

a disability. 

(2) DOCUMENTATION PROCESS.—Such process shall require 

that— 

(A) in the case of a student with a disability, for documentation of actions described in subsection (a)(2)(A)— 


(i) if such a student with a disability receives and 

completes each category of required activities in section 

113(b), such completion of services shall be documented 

by the designated State unit in a manner consistent 

with this section; 

(ii) if such a student with a disability receives and 

completes any transition services available for students 

with disabilities under the Individuals with Disabilities Education Act, including those provided under 

section 614(d)(1)(A)(i)(VIII) (20 U.S.C. 

1414(d)(1)(A)(i)(VIII)), such completion of services shall 

be documented by the appropriate school official responsible for the provision of such transition services, 

in a manner consistent with this section; and 

(iii) the designated State unit shall provide the 

final documentation, in a form and manner consistent 

with this section, of the completion of pre-employment 

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155 REHABILITATION ACT OF 1973 Sec. 602 

transition services as described in clause (i), or transition services under the Individuals with Disabilities 

Education Act as described in clause (ii), to the student 

with a disability within a reasonable period of time following the completion; and 

(B) when an individual has completed the actions described in subsection (a)(2)(B), the designated State unit 

shall provide the individual a document indicating such 

completion, in a manner consistent with this section, within 

a reasonable time period following the completion of the actions described in this subparagraph. 

(e) VERIFICATION.— (1) BEFORE EMPLOYMENT.—Before an individual covered by 

subsection (a)(2) begins work for an entity described in subsection (a) at a subminimum wage, the entity shall review such 

documentation received by the individual under subsection (d), 

and provided by the individual to the entity, that indicates that 

the individual has completed the actions described in subparagraphs (A) and (B) of subsection (a)(2) and the entity shall 

maintain copies of such documentation. 

(2) DURING EMPLOYMENT.— (A) IN GENERAL.—In order to continue to employ an individual at a subminimum wage, the entity described in 

subsection (a) shall verify completion of the requirements of 

subsection (c), including reviewing any relevant documents 

provided by the individual, and shall maintain copies of 

the documentation described in subsection (d). 

(B) REVIEW OF DOCUMENTATION.—The entity described 

in subsection (a) shall be subject to review of individual 

documentation described in subsection (d) by a representative working directly for the designated State unit or the 

Department of Labor at such a time and in such a manner 

as may be necessary to fulfill the intent of this section, consistent with regulations established by the designated State 

unit or the Secretary of Labor. 

(f) FEDERAL MINIMUM WAGE.—In this section, the term ‘‘Federal 

minimum wage’’ means the rate applicable under section 6(a)(1) of 

the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)). 

ƒ29 U.S.C. 794g≈ 

TITLE VI—EMPLOYMENT OPPORTUNITIES FOR 


INDIVIDUALS WITH DISABILITIES 


SHORT TITLE 

SEC. 601. This title may be cited as the ‘‘Employment Opportunities for Individuals With Disabilities Act’’. 

ø29 U.S.C. 701 note¿ 

SEC. 602. PURPOSE. 

It is the purpose of this title to authorize allotments, in addition to grants for vocational rehabilitation services under title I, to 

assist States in developing collaborative programs with appropriate 

entities to provide supported employment services for individuals 

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Sec. 603 REHABILITATION ACT OF 1973 156 

with the most significant disabilities, including youth with the 

most significant disabilities, to enable such individuals to achieve 

an employment outcome of supported employment in competitive 

integrated employment. 

ø29 U.S.C. 795g¿ 

SEC. 603. ALLOTMENTS. 

(a) IN GENERAL.— (1) STATES.—The Secretary shall allot the sums appropriated for each fiscal year to carry out this title among the 

States on the basis of relative population of each State, except 

that— 

(A) no State shall receive less than $250,000, or 1⁄3 of 

1 percent of the sums appropriated for the fiscal year for 

which the allotment is made, whichever amount is greater; 

and 

(B) if the sums appropriated to carry out this title for the fiscal year exceed by $1,000,000 or more the sums appropriated to carry out part B of this title (as in effect on 

September 30, 1992) in fiscal year 1992, no State shall receive less than $300,000, or 1⁄3 of 1 percent of the sums appropriated for the fiscal year for which the allotment is 

made, whichever amount is greater. 

(2) CERTAIN TERRITORIES.— (A) IN GENERAL.—For the purposes of this subsection, 

Guam, American Samoa, the United States Virgin Islands, 

and the Commonwealth of the Northern Mariana Islands 

shall not be considered to be States. 

(B) ALLOTMENT.—Each jurisdiction described in subparagraph (A) shall be allotted not less than 1/8 of 1 percent of the amounts appropriated for the fiscal year for 

which the allotment is made. 

(b) REALLOTMENT.—Whenever the Commissioner determines 

that any amount of an allotment to a State under subsection (a) 

for any fiscal year will not be expended by such State for carrying 

out the provisions of this title, the Commissioner shall make such 

amount available for carrying out the provisions of this title to 1 

or more of the States that the Commissioner determines will be 

able to use additional amounts during such year for carrying out 

such provisions. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for the purposes 

of this section, be regarded as an increase in the allotment of the 

State (as determined under the preceding provisions of this section) 

for such year. 

(c) LIMITATIONS ON ADMINISTRATIVE COSTS.—A State that receives an allotment under this title shall not use more than 2.5 

percent of such allotment to pay for administrative costs. 

(d) SERVICES FOR YOUTH WITH THE MOST SIGNIFICANT DISABIL­ ITIES.—A State that receives an allotment under this title shall reserve and expend half of such allotment for the provision of supported employment services, including extended services, to youth 

with the most significant disabilities in order to assist those youth 

in achieving an employment outcome in supported employment. 

ø29 U.S.C. 795h¿ 

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January 7, 2016 

157 REHABILITATION ACT OF 1973 Sec. 606 

SEC. 604. AVAILABILITY OF SERVICES. 

(a) SUPPORTED EMPLOYMENT SERVICES.—Funds provided under 

this title may be used to provide supported employment services to 

individuals who are eligible under this title. 

(b) EXTENDED SERVICES.— (1) IN GENERAL Except as provided in paragraph (2), funds 


provided under this title, or title I, may not be used to provide 


extended services to individuals under this title or title I. 


(2) EXTENDED SERVICES FOR YOUTH WITH THE MOST SIG­ NIFICANT DISABILITIES.—Funds allotted under this title, or title 


I, and used for the provision of services under this title to 


youth with the most significant disabilities pursuant to section 


603(d), may be used to provide extended services to youth with 


the most significant disabilities. Such extended services shall 


be available for a period not to exceed 4 years. 


ø29 U.S.C. 795i¿ 

SEC. 605. ELIGIBILITY. 

An individual, including a youth with a disability, shall be eligible under this title to receive supported employment services authorized under this Act if— 

(1) the individual is eligible for vocational rehabilitation 


services under title I; 


(2) the individual is determined to be an individual with 


a most significant disability; 


(3) for purposes of activities carried out with funds described in section 603(d), the individual is a youth with a disability, as defined in section (7)(42); and 


(4) a comprehensive assessment of the rehabilitation needs 


of the individual described in section 7(2)(B), including an evaluation of rehabilitation, career, and job needs, identifies supported employment as the appropriate employment outcome for 


the individual. 


ø29 U.S.C. 795j¿ 

SEC. 606. STATE PLAN. 

(a) STATE PLAN SUPPLEMENTS.—To be eligible for an allotment 

under this title, a State shall submit to the Commissioner, as part 

of the State plan under section 101, a State plan supplement for 

providing supported employment services authorized under this Act 

to individuals, including youth with the most significant disabilities, who are eligible under this Act to receive the services. Each 

State shall make such annual revisions in the plan supplement as 

may be necessary. 

(b) CONTENTS.—Each such plan supplement shall— 

(1) designate each designated State agency as the agency 


to administer the program assisted under this title; 


(2) summarize the results of the comprehensive, statewide 


assessment conducted under section 101(a)(15)(A)(i), with respect to the rehabilitation needs of individuals, including 


youth, with significant disabilities and the need for supported 


employment services, including needs related to coordination; 


(3) describe the quality, scope, and extent of supported employment services authorized under this Act to be provided to 


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Sec. 606 REHABILITATION ACT OF 1973 158 

individuals, including youth with the most significant disabilities, who are eligible under this Act to receive the services and 

specify the goals and plans of the State with respect to the distribution of funds received under section 603; 

(4) demonstrate evidence of the efforts of the designated 

State agency to identify and make arrangements (including entering into cooperative agreements) with other State agencies 

and other appropriate entities to assist in the provision of supported employment services; 

(5) demonstrate evidence of the efforts of the designated 

State agency to identify and make arrangements (including entering into cooperative agreements) with other public or nonprofit agencies or organizations within the State, employers, 

natural supports, and other entities with respect to the provision of extended services; 

(6) describe the activities to be conducted pursuant to section 603(d) for youth with the most significant disabilities, including— 

(A) the provision of extended services for a period not 

to exceed 4 years; and 

(B) how the State will use the funds reserved in section 603(d) to leverage other public and private funds to 

increase resources for extended services and expand supported employment opportunities for youth with the most 

significant disabilities; 

(7) provide assurances that— 

(A) funds made available under this title will only be 

used to provide supported employment services authorized 

under this Act to individuals who are eligible under this 

title to receive the services; 

(B) the comprehensive assessments of individuals with 

significant disabilities, including youth with the most significant disabilities, conducted under section 102(b)(1) and 

funded under title I will include consideration of supported 

employment as an appropriate employment outcome; 

(C) an individualized plan for employment, as required 

by section 102, will be developed and updated using funds 

under title I in order to— 

(i) specify the supported employment services to 

be provided, including, as appropriate, for youth with 

the most significant disabilities, transition services 

and pre-employment transition services; 

(ii) specify the expected extended services needed, 

including the extended services that may be provided 

to youth with the most significant disabilities under 

this title, in accordance with an approved individualized plan for employment, for a period not to exceed 

4 years; and 

(iii) identify, as appropriate, the source of extended services, which may include natural supports, 

or indicate that it is not possible to identify the source 

of extended services at the time the individualized 

plan for employment is developed; 

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159 REHABILITATION ACT OF 1973 Sec. 608 

(D) the State will use funds provided under this title 

only to supplement, and not supplant, the funds provided 

under title I, in providing supported employment services 

specified in the individualized plan for employment; 

(E) services provided under an individualized plan for 

employment will be coordinated with services provided 

under other individualized plans established under other 

Federal or State programs; 

(F) to the extent jobs skills training is provided, the 

training will be provided on site; 

(G) supported employment services will include placement in an integrated setting based on the unique 

strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of individuals with the 

most significant disabilities; 

(H) the State agencies designated under paragraph (1) 

will expend not more than 2.5 percent of the allotment of 

the State under this title for administrative costs of carrying out this title; and 

(I) with respect to supported employment services provided to youth with the most significant disabilities pursuant to section 603(d), the designated State agency will provide, directly or indirectly through public or private entities, non-Federal contributions in an amount that is not 

less than 10 percent of the costs of carrying out such services; and 

(8) contain such other information and be submitted in 

such manner as the Commissioner may require. 

ø29 U.S.C. 795k¿ 

SEC. 607. RESTRICTION. 

Each State agency designated under section 606(b)(1) shall collect the information required by section 101(a)(10) separately for— 

(1) eligible individuals receiving supported employment 

services under this title; 

(2) eligible individuals receiving supported employment 

services under title I; 

(3) eligible youth receiving supported employment services 

under this title; and 

(4) eligible youth receiving supported employment services 

under title I. 


ø29 U.S.C. 795l¿ 


SEC. 608. SAVINGS PROVISION. 

(a) SUPPORTED EMPLOYMENT SERVICES.—Nothing in this Act 

shall be construed to prohibit a State from providing supported employment services in accordance with the State plan submitted 

under section 101 by using funds made available through a State 

allotment under section 110. 

(b) POSTEMPLOYMENT SERVICES.—Nothing in this title shall be 

construed to prohibit a State from providing discrete 

postemployment services in accordance with the State plan submitted under section 101 by using funds made available through a 

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Sec. 609 REHABILITATION ACT OF 1973 160 

State allotment under section 110 to an individual who is eligible 

under this title. 

ø29 U.S.C. 795m¿ 

SEC. 609. ADVISORY COMMITTEE ON INCREASING COMPETITIVE INTEGRATED EMPLOYMENT FOR INDIVIDUALS WITH DISABILITIES. 

(a) ESTABLISHMENT.—Not later than 60 days after the date of 

enactment of the Workforce Innovation and Opportunity Act, the 

Secretary of Labor shall establish an Advisory Committee on Increasing Competitive Integrated Employment for Individuals with 

Disabilities (referred to in this section as the ‘‘Committee’’). 

(b) APPOINTMENT AND VACANCIES.— 

(1) APPOINTMENT.—The Secretary of Labor shall appoint 

the members of the Committee described in subsection (c)(6), 

in accordance with subsection (c). 

(2) VACANCIES.—Any vacancy in the Committee shall not 

affect its powers, but shall be filled in the same manner, in accordance with the same paragraph of subsection (c), as the 

original appointment or designation was made. 

(c) COMPOSITION.—The Committee shall be composed of— 

(1) the Assistant Secretary for Disability Employment Policy, the Assistant Secretary for Employment and Training, and 

the Administrator of the Wage and Hour Division, of the Department of Labor; 

(2) the Commissioner of the Administration on Intellectual 

and Developmental Disabilities, or the Commissioner’s designee; 

(3) the Director of the Centers for Medicare & Medicaid 

Services of the Department of Health and Human Services, or 

the Director’s designee; 

(4) the Commissioner of Social Security, or the Commissioner’s designee; 

(5) the Commissioner of the Rehabilitation Services Administration, or the Commissioner’s designee; and 

(6) representatives from constituencies consisting of— 

(A) self-advocates for individuals with intellectual or 

developmental disabilities; 

(B) providers of employment services, including those 

that employ individuals with intellectual or developmental 

disabilities in competitive integrated employment; 

(C) representatives of national disability advocacy organizations for adults with intellectual or developmental 

disabilities; 

(D) experts with a background in academia or research 

and expertise in employment and wage policy issues for individuals with intellectual or developmental disabilities; 

(E) representatives from the employer community or 

national employer organizations; and 

(F) other individuals or representatives of organizations with expertise on increasing opportunities for competitive integrated employment for individuals with disabilities. 

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January 7, 2016 

161 REHABILITATION ACT OF 1973 Sec. 609 

(d) CHAIRPERSON.—The Committee shall elect a Chairperson of 

the Committee from among the appointed members of the Committee. 

(e) MEETINGS.—The Committee shall meet at the call of the 

Chairperson, but not less than 8 times. 

(f) DUTIES.—The Committee shall study, and prepare findings, 

conclusions, and recommendations for the Secretary of Labor on— 

(1) ways to increase the employment opportunities for individuals with intellectual or developmental disabilities or other 


individuals with significant disabilities in competitive integrated employment; 


(2) the use of the certificate program carried out under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 


214(c)) for the employment of individuals with intellectual or 


developmental disabilities, or other individuals with significant 


disabilities; and 


(3) ways to improve oversight of the use of such certificates. 


(g) COMMITTEE PERSONNEL MATTERS.— (1) TRAVEL EXPENSES.—The members of the Committee 


shall not receive compensation for the performance of services 


for the Committee, but shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their 


homes or regular places of business in the performance of services for the Committee. Notwithstanding section 1342 of title 


31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Committee. 


(2) STAFF.—The Secretary of Labor may designate such 


personnel as may be necessary to enable the Committee to perform its duties. 


(3) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal 


Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Committee 


without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. 


(4) FACILITIES, EQUIPMENT, AND SERVICES.—The Secretary 


of Labor shall make available to the Committee, under such 


arrangements as may be appropriate, necessary equipment, 


supplies, and services. 


(h) REPORTS.— 

(1) INTERIM AND FINAL REPORTS.—The Committee shall 


prepare and submit to the Secretary of Labor, as well as the 


Committee on Health, Education, Labor, and Pensions of the 


Senate and the Committee on Education and the Workforce of 


the House of Representatives— 


(A) an interim report that summarizes the progress of 

the Committee, along with any interim findings, conclusions, and recommendations as described in subsection (f); 

and 

(B) a final report that states final findings, conclusions, and recommendations as described in subsection (f). 

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January 7, 2016 

Sec. 610 REHABILITATION ACT OF 1973 162 

(2) PREPARATION AND SUBMISSION.—The reports shall be 


prepared and submitted— 


(A) in the case of the interim report, not later than 1 

year after the date on which the Committee is established 

under subsection (a); and 

(B) in the case of the final report, not later than 2 

years after the date on which the Committee is established 

under subsection (a). 

(i) TERMINATION.—The Committee shall terminate on the day 

after the date on which the Committee submits the final report. 

ø29 U.S.C. 795n¿ 

SEC. 610. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated to carry out this title 

$27,548,000 for fiscal year 2015, $29,676,000 for fiscal year 2016, 

$30,292,000 for fiscal year 2017, $30,963,000 for fiscal year 2018, 

$31,691,000 for fiscal year 2019, and $32,363,000 for fiscal year 

2020. 

ø29 U.S.C. 795o¿ 

TITLE VII—INDEPENDENT LIVING 

SERVICES AND CENTERS FOR INDEPENDENT LIVING 

CHAPTER 1—INDIVIDUALS WITH SIGNIFICANT 


DISABILITIES 


PART A—GENERAL PROVISIONS 

SEC. 701. PURPOSE. 

The purpose of this chapter is to promote a philosophy of independent living, including a philosophy of consumer control, peer 

support, self-help, self-determination, equal access, and individual 

and system advocacy, in order to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities, and the integration and full inclusion of individuals with 

disabilities into the mainstream of American society, by— 

(1) providing financial assistance to States for providing, 


expanding, and improving the provision of independent living 


services; 


(2) providing financial assistance to develop and support 


statewide networks of centers for independent living; and 


(3) providing financial assistance to States for improving 


working relationships among State independent living rehabilitation service programs, centers for independent living, Statewide Independent Living Councils established under section 


705, State vocational rehabilitation programs receiving assistance under title I, State programs of supported employment 


services receiving assistance under title VI, client assistance 


programs receiving assistance under section 112, programs 


funded under other titles of this Act, programs funded under 


other Federal law, and programs funded through non-Federal 


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163 REHABILITATION ACT OF 1973 Sec. 703 

sources, with the goal of improving the independence of individuals with disabilities. 

ø29 U.S.C. 796¿ 

SEC. 701A. ADMINISTRATION OF THE INDEPENDENT LIVING PROGRAM. 

There is established within the Administration for Community 

Living of the Department of Health and Human Services, an Independent Living Administration. The Independent Living Administration shall be headed by a Director (referred to in this section as 

the ‘‘Director’’) appointed by the Secretary of Health and Human 

Services. The Director shall be an individual with substantial 

knowledge of independent living services. The Independent Living 

Administration shall be the principal agency, and the Director 

shall be the principal officer, to carry out this chapter. In performing the functions of the office, the Director shall be directly responsible to the Administrator of the Administration for Community Living of the Department of Health and Human Services. The 

Secretary shall ensure that the Independent Living Administration 

has sufficient resources (including designating at least 1 individual 

from the Office of General Counsel who is knowledgeable about 

independent living services) to provide technical assistance and 

support to, and oversight of, the programs funded under this chapter. 

ø29 U.S.C. 796–1¿ 

SEC. 702. DEFINITIONS. 

As used in this chapter: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Administration for Community Living of 

the Department of Health and Human Services. 

(2) CENTER FOR INDEPENDENT LIVING.—The term ‘‘center 

for independent living’’ means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit 

agency for individuals with significant disabilities (regardless 

of age or income) that— 

(A) is designed and operated within a local community 

by individuals with disabilities; and 

(B) provides an array of independent living services, 

including, at a minimum, independent living core services 

as defined in section 7(17). 

(3) CONSUMER CONTROL.—The term ‘‘consumer control’’ 

means, with respect to a center for independent living, that the 

center vests power and authority in individuals with disabilities, in terms of the management, staffing, decisionmaking, 

operation, and provisions of services, of the center. 

ø29 U.S.C. 796a¿ 

SEC. 703. ELIGIBILITY FOR RECEIPT OF SERVICES. 

Services may be provided under this chapter to any individual 

with a significant disability, as defined in section 7(21)(B). 

ø29 U.S.C. 796b¿ 

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January 7, 2016 

Sec. 704 REHABILITATION ACT OF 1973 164 

SEC. 704. STATE PLAN. 

(a) IN GENERAL.— (1) REQUIREMENT.—To be eligible to receive financial assistance under this chapter, a State shall submit to the Administrator, and obtain approval of, a State plan developed and 


signed in accordance with paragraph (2), containing such provisions as the Administrator may require, including, at a minimum, the provisions required in this section. 


(2) JOINT DEVELOPMENT.—The plan under paragraph (1) 


shall be jointly— 


(A) developed by the chairperson of the Statewide 

Independent Living Council, and the directors of the centers for independent living in the State, after receiving 

public input from individuals with disabilities and other 

stakeholders throughout the State; and 

(B) signed by— 

(i) the chairperson of the Statewide Independent 

Living Council, acting on behalf of and at the direction 

of the Council; 

(ii) the director of the designated State entity described in subsection (c); and 

(iii) not less than 51 percent of the directors of the 

centers for independent living in the State. 

(3) PERIODIC REVIEW AND REVISION.—The plan shall provide for the review and revision of the plan, not less than once 


every 3 years, to ensure the existence of appropriate planning, 


financial support and coordination, and other assistance to appropriately address, on a statewide and comprehensive basis, 


needs in the State for— 


(A) the provision of independent living services in the 

State; 

(B) the development and support of a statewide network of centers for independent living; and 

(C) working relationships and collaboration between— 

(i) centers for independent living; and 

(ii)(I) entities carrying out programs that provide 

independent living services, including those serving 

older individuals; 

(II) other community-based organizations that 

provide or coordinate the provision of housing, transportation, employment, information and referral assistance, services, and supports for individuals with 

significant disabilities; and 

(III) entities carrying out other programs providing services for individuals with disabilities. 

(4) DATE OF SUBMISSION.—The State shall submit the plan 


to the Administrator 90 days before the completion date of the 


preceding plan. If a State fails to submit such a plan that complies with the requirements of this section, the Administrator 


may withhold financial assistance under this chapter until 


such time as the State submits such a plan. 


(5) STATEWIDENESS.—The State plan shall describe strategies for providing independent living services on a statewide 


basis, to the greatest extent possible. 


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January 7, 2016 

165 REHABILITATION ACT OF 1973 Sec. 704 

(b) STATEWIDE INDEPENDENT LIVING COUNCIL.—The plan shall 

provide for the establishment of a Statewide Independent Living 

Council in accordance with section 705. 

(c) DESIGNATION OF STATE ENTITY.—The plan shall designate 

a State entity of such State (referred to in this title as the ‘‘designated State entity’’) as the agency that, on behalf of the State, 

shall— 

(1) receive, account for, and disburse funds received by the 


State under this chapter based on the plan; 


(2) provide administrative support services for a program 


under part B, and a program under part C in a case in which 


the program is administered by the State under section 723; 


(3) keep such records and afford such access to such 


records as the Administrator finds to be necessary with respect 


to the programs; 


(4) submit such additional information or provide such assurances as the Administrator may require with respect to the 


programs; and 


(5) retain not more than 5 percent of the funds received by 


the State for any fiscal year under part B, for the performance 


of the services outlined in paragraphs (1) through (4). 


(d) OBJECTIVES.—The plan shall— 

(1) specify the objectives to be achieved under the plan and 


establish timelines for the achievement of the objectives; and 


(2) explain how such objectives are consistent with and 


further the purpose of this chapter. 


(e) INDEPENDENT LIVING SERVICES.—The plan shall provide 

that the State will provide independent living services under this 

chapter to individuals with significant disabilities, and will provide 

the services to such an individual in accordance with an independent living plan mutually agreed upon by an appropriate staff 

member of the service provider and the individual, unless the individual signs a waiver stating that such a plan is unnecessary. 

(f) SCOPE AND ARRANGEMENTS.—The plan shall describe the extent and scope of independent living services to be provided under 

this chapter to meet such objectives. If the State makes arrangements, by grant or contract, for providing such services, such arrangements shall be described in the plan. 

(g) NETWORK.—The plan shall set forth a design for the establishment of a statewide network of centers for independent living 

that comply with the standards and assurances set forth in section 

725. 

(h) CENTERS.—In States in which State funding for centers for 

independent living equals or exceeds the amount of funds allotted 

to the State under part C, as provided in section 723, the plan shall 

include policies, practices, and procedures governing the awarding 

of grants to centers for independent living and oversight of such 

centers consistent with section 723. 

(i) COOPERATION, COORDINATION, AND WORKING RELATIONSHIPS 

AMONG VARIOUS ENTITIES.—The plan shall set forth the steps that 

will be taken to maximize the cooperation, coordination, and working relationships among— 

(1) the Statewide Independent Living Council; 

(2) centers for independent living; 

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Sec. 704 REHABILITATION ACT OF 1973 166 

(3) the designated State entity; and 

(4) other State agencies or entities represented on the 

Council, other councils that address the needs and issues of 

specific disability populations, and other public and private entities determined to be appropriate by the Council. 

(j) COORDINATION OF SERVICES.—The plan shall describe how 

services funded under this chapter will be coordinated with, and 

complement, other services, in order to avoid unnecessary duplication with other Federal, State, and local programs. 

(k) COORDINATION BETWEEN FEDERAL AND STATE SOURCES.— 

The plan shall describe efforts to coordinate Federal and State 

funding for centers for independent living and independent living 

services. 

(l) OUTREACH.—With respect to services and centers funded 

under this chapter, the plan shall set forth steps to be taken regarding outreach to populations that are unserved or underserved 

by programs under this title, including minority groups and urban 

and rural populations. 

(m) REQUIREMENTS.—The plan shall provide satisfactory assurances that all recipients of financial assistance under this chapter 

will— 

(1) notify all individuals seeking or receiving services 

under this chapter about the availability of the client assistance program under section 112, the purposes of the services 

provided under such program, and how to contact such program; 

(2) take affirmative action to employ and advance in employment qualified individuals with disabilities on the same 

terms and conditions required with respect to the employment 

of such individuals under the provisions of section 503; 

(3) adopt such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement 

of and accounting for funds paid to the State under this chapter; 

(4)(A) maintain records that fully disclose— 

(i) the amount and disposition by such recipient of the 

proceeds of such financial assistance; 

(ii) the total cost of the project or undertaking in connection with which such financial assistance is given or 

used; and 

(iii) the amount of that portion of the cost of the 

project or undertaking supplied by other sources; 

(B) maintain such other records as the Administrator determines to be appropriate to facilitate an effective audit; 

(C) afford such access to records maintained under subparagraphs (A) and (B) as the Administrator determines to be 

appropriate; and 

(D) submit such reports with respect to such records as the 

Administrator determines to be appropriate; 

(5) provide access to the Administrator and the Comptroller General or any of their duly authorized representatives, 

for the purpose of conducting audits and examinations, of any 

books, documents, papers, and records of the recipients that 

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167 REHABILITATION ACT OF 1973 Sec. 705 

are pertinent to the financial assistance received under this 

chapter; and 

(6) provide for public hearings regarding the contents of 

the plan during both the formulation and review of the plan. 

(n) EVALUATION.—The plan shall establish a method for the 

periodic evaluation of the effectiveness of the plan in meeting the 

objectives established in subsection (d), including evaluation of satisfaction by individuals with disabilities. 

(o) PROMOTING FULL ACCESS TO COMMUNITY LIFE.—The plan 

shall describe how the State will provide independent living services described in section 7(18) that promote full access to community life for individuals with significant disabilities. 

ø29 U.S.C. 796c¿ 

SEC. 705. STATEWIDE INDEPENDENT LIVING COUNCIL. 

(a) ESTABLISHMENT.—To be eligible to receive financial assistance under this chapter, each State shall establish and maintain 

a Statewide Independent Living Council (referred to in this section 

as the ‘‘Council’’). The Council shall not be established as an entity 

within a State agency. 

(b) COMPOSITION AND APPOINTMENT.— (1) APPOINTMENT.—Members of the Council shall be appointed by the Governor or, in the case of a State that, under 

State law, vests authority for the administration of the activities carried out under this Act in an entity other than the Governor (such as one or more houses of the State legislature or 

an independent board), the chief officer of that entity. The appointing authority shall select members after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities. 

(2) COMPOSITION.—The Council shall include— 

(A) among its voting members, at least 1 director of a 

center for independent living chosen by the directors of 

centers for independent living within the State; 

(B) among its voting members, for a State in which 1 

or more centers for independent living are run by, or in 

conjunction with, the governing bodies of American Indian 

tribes located on Federal or State reservations, at least 1 

representative of the directors of such centers; and 

(C) as ex officio, nonvoting members, a representative 

of the designated State entity, and representatives from 

State agencies that provide services for individuals with 

disabilities. 

(3) ADDITIONAL MEMBERS.—The Council may include— 

(A) other representatives from centers for independent 

living; 

(B) individuals with disabilities; 

(C) parents and guardians of individuals with disabilities; 

(D) advocates of and for individuals with disabilities; 

(E) representatives from private businesses; 

(F) representatives from organizations that provide 

services for individuals with disabilities; and 

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Sec. 705 REHABILITATION ACT OF 1973 168 

January 7, 2016 

(G) other appropriate individuals. 

(4) QUALIFICATIONS.— (A) IN GENERAL.—The Council shall be composed of 

members— 

(i) who provide statewide representation; 

(ii) who represent a broad range of individuals 


with disabilities from diverse backgrounds; 


(iii) who are knowledgeable about centers for independent living and independent living services; and 


(iv) a majority of whom are persons who are— 

(I) individuals with disabilities described in 

section 7(20)(B); and 

(II) not employed by any State agency or center for independent living. 

(B) VOTING MEMBERS.—A majority of the voting members of the Council shall be— 

(i) individuals with disabilities described in section 7(20)(B); and 


(ii) not employed by any State agency or center for 


independent living. 


(5) CHAIRPERSON.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), the Council shall select a chairperson from among the 

voting membership of the Council. 

(B) DESIGNATION BY CHIEF EXECUTIVE OFFICER.—In 

States in which the Governor does not have veto power 

pursuant to State law, the appointing authority described 

in paragraph (1) shall designate a voting member of the 

Council to serve as the chairperson of the Council or shall 

require the Council to so designate such a voting member. 

(6) TERMS OF APPOINTMENT.— 

(A) LENGTH OF TERM.—Each member of the Council 

shall serve for a term of 3 years, except that— 

(i) a member appointed to fill a vacancy occurring 


prior to the expiration of the term for which a predecessor was appointed, shall be appointed for the remainder of such term; and 


(ii) the terms of service of the members initially 


appointed shall be (as specified by the appointing authority described in paragraph (3)) for such fewer 


number of years as will provide for the expiration of 


terms on a staggered basis. 


(B) NUMBER OF TERMS.—No member of the Council, 

other than a representative described in paragraph (2)(A) 

if there is only one center for independent living within 

the State, may serve more than two consecutive full terms. 

(7) VACANCIES.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment. The vacancy shall not affect the power of the 

remaining members to execute the duties of the Council. 

(B) DELEGATION.—The appointing authority described 

in paragraph (3) may delegate the authority to fill such a 

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169 REHABILITATION ACT OF 1973 Sec. 705 

vacancy to the remaining voting members of the Council 

after making the original appointment. 

(c) FUNCTIONS.— 

(1) DUTIES.—The Council shall— 

(A) develop the State plan as provided in section 

704(a)(2); 

(B) monitor, review, and evaluate the implementation 

of the State plan; 

(C) meet regularly, and ensure that such meetings of 

the Council are open to the public and sufficient advance 

notice of such meetings is provided; 

(D) submit to the Administrator such periodic reports 

as the Administrator may reasonably request, and keep 

such records, and afford such access to such records, as the 

Administrator finds necessary to verify the information in 

such reports; and 

(E) as appropriate, coordinate activities with other entities in the State that provide services similar to or complementary to independent living services, such as entities 

that facilitate the provision of or provide long-term community-based services and supports. 

(2) AUTHORITIES.—The Council may, consistent with the 

State plan described in section 704, unless prohibited by State 

law— 

(A) in order to improve services provided to individuals with disabilities, work with centers for independent 

living to coordinate services with public and private entities; 

(B) conduct resource development activities to support 

the activities described in this subsection or to support the 

provision of independent living services by centers for 

independent living; and 

(C) perform such other functions, consistent with the 

purpose of this chapter and comparable to other functions 

described in this subsection, as the Council determines to 

be appropriate. 

(3) LIMITATION.—The Council shall not provide independent living services directly to individuals with significant 

disabilities or manage such services. 

(d) HEARINGS AND FORUMS.—The Council is authorized to hold 

such hearings and forums as the Council may determine to be necessary to carry out the duties of the Council. 

(e) PLAN.— 

(1) IN GENERAL.—The Council shall prepare, in conjunction 

with the designated State entity, a plan for the provision of 

such resources, including such staff and personnel, as may be 

necessary and sufficient to carry out the functions of the Council under this section, with funds made available under this 

chapter, and under section 110 (consistent with section 

101(a)(18)), and from other public and private sources. The resource plan shall, to the maximum extent possible, rely on the 

use of resources in existence during the period of implementation of the plan. 

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Sec. 706 REHABILITATION ACT OF 1973 170 

(2) SUPERVISION AND EVALUATION.—Each Council shall, 


consistent with State law, supervise and evaluate such staff 


and other personnel as may be necessary to carry out the functions of the Council under this section. 


(3) CONFLICT OF INTEREST.—While assisting the Council in 


carrying out its duties, staff and other personnel shall not be 


assigned duties by the designated State entity or any other 


agency or office of the State, that would create a conflict of interest. 


(f) COMPENSATION AND EXPENSES.—The Council may use available resources to reimburse members of the Council for reasonable 

and necessary expenses of attending Council meetings and performing Council duties (such as personal assistance services), and 

to pay reasonable compensation to a member of the Council, if such 

member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing Council 

duties. 

ø29 U.S.C. 796d¿ 

SEC. 706. RESPONSIBILITIES OF THE ADMINISTRATOR. 

(a) APPROVAL OF STATE PLANS.— (1) IN GENERAL.—The Administrator shall approve any 


State plan submitted under section 704 that the Administrator 


determines meets the requirements of section 704, and shall 


disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to 


such disapproval, the Administrator shall notify the State of 


the intention to disapprove the plan, and shall afford such 


State reasonable notice and opportunity for a hearing. 


(2) PROCEDURES.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the provisions of subsections (c) and (d) of section 107 

shall apply to any State plan submitted to the Administrator under section 704. 

(B) APPLICATION.—For purposes of the application described in subparagraph (A), all references in such provisions— 

(i) to the Secretary or the Commissioner shall be 

deemed to be references to the Administrator; 

(ii) to the State agency shall be deemed to be references to the designated State entity; and 

(iii) to section 101 shall be deemed to be references to section 704. 

(b) INDICATORS.—Not later than 1 year after the date of enactment of the Workforce Innovation and Opportunity Act, the Administrator shall develop and publish in the Federal Register indicators of minimum compliance for centers for independent living (consistent with the standards set forth in section 725), and indicators 

of minimum compliance for Statewide Independent Living Councils. 

(c) ONSITE COMPLIANCE REVIEWS.— 

(1) REVIEWS.—The Administrator shall annually conduct 


onsite compliance reviews of at least 15 percent of the centers 


for independent living that receive funds under section 722 and 


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171 REHABILITATION ACT OF 1973 Sec. 711 

shall periodically conduct such a review of each such center. 


The Administrator shall annually conduct onsite compliance 


reviews of at least one-third of the designated State units that 


receive funding under section 723, and, to the extent necessary 


to determine the compliance of such a State unit with subsections (f) and (g) of section 723, centers that receive funding 


under section 723 in such State. 


(2) QUALIFICATIONS OF EMPLOYEES CONDUCTING REVIEWS.—The Administrator shall— 


(A) to the maximum extent practicable, carry out a review described in paragraph (1) by using employees of the 

Department of Health and Human Services who are 

knowledgeable about the provision of independent living 

services; 

(B) ensure that the employee of the Department of 

Health and Human Services with responsibility for supervising such a review shall have such knowledge; and 

(C) ensure that at least one member of a team conducting such a review shall be an individual who— 

(i) is not a government employee; and 

(ii) has experience in the operation of centers for 

independent living. 

(d) REPORTS.— 

(1) IN GENERAL.—The Director described in section 701A 


shall provide to the Administrator of the Administration for 


Community Living and the Administrator shall include, in an 


annual report, information on the extent to which centers for 


independent living receiving funds under part C have complied 


with the standards and assurances set forth in section 725. 


The Director may identify individual centers for independent 


living in the analysis contained in that information. The Director shall include in the report the results of onsite compliance 


reviews, identifying individual centers for independent living 


and other recipients of assistance under part C. 


(2) PUBLIC AVAILABILITY.—The Director shall ensure that 


the report described in this subsection is made publicly available in a timely manner, including through electronic means, 


in order to inform the public about the administration and performance of programs under this Act. 


ø29 U.S.C. 796d–1¿ 

PART B—INDEPENDENT LIVING SERVICES 

SEC. 711. ALLOTMENTS. 

(a) IN GENERAL.— 

(1) STATES.— 

(A) POPULATION BASIS.—After the reservation required 

by section 711A is made, and except as provided in subparagraphs (B) and (C), from the remainder of the sums 

appropriated for each fiscal year to carry out this part, the 

Administrator shall make an allotment to each State 

whose State plan has been approved under section 706 of 

an amount bearing the same ratio to such sums as the 

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Sec. 711 REHABILITATION ACT OF 1973 172 

population of the State bears to the population of all 

States. 

(B) MAINTENANCE OF 1992 AMOUNTS.—Subject to the 

availability of appropriations to carry out this part, the 

amount of any allotment made under subparagraph (A) to 

a State for a fiscal year shall not be less than the amount 

of an allotment made to the State for fiscal year 1992 

under part A of this title, as in effect on the day before the 

date of enactment of the Rehabilitation Act Amendments 

of 1992. 

(C) MINIMUMS.—Subject to the availability of appropriations to carry out this part, and except as provided in 

subparagraph (B), the allotment to any State under subparagraph (A) shall be not less than $275,000 or 1⁄3 of 1 

percent of the sums made available for the fiscal year for 

which the allotment is made, whichever is greater, and the 

allotment of any State under this section for any fiscal 

year that is less than $275,000 or 1⁄3 of 1 percent of such 

sums shall be increased to the greater of the two amounts. 

(2) CERTAIN TERRITORIES.— (A) IN GENERAL.—For the purposes of paragraph 

(1)(C), Guam, American Samoa, the United States Virgin 

Islands, and the Commonwealth of the Northern Mariana 

Islands shall not be considered to be States. 

(B) ALLOTMENT.—Each jurisdiction described in subparagraph (A) shall be allotted under paragraph (1)(A) not 

less than 1⁄8 of 1 percent of the remainder described in 

paragraph (1)(A) for the fiscal year for which the allotment 

is made. 

(3) ADJUSTMENT FOR INFLATION.—For any fiscal year, beginning in fiscal year 1999, in which the total amount appropriated to carry out this part exceeds the total amount appropriated to carry out this part for the preceding fiscal year, the 


Administrator shall increase the minimum allotment under 


paragraph (1)(C) by a percentage that shall not exceed the percentage increase in the total amount appropriated to carry out 


this part between the preceding fiscal year and the fiscal year 


involved. 


(b) PROPORTIONAL REDUCTION.—To provide allotments to 

States in accordance with subsection (a)(1)(B), to provide minimum 

allotments to States (as increased under subsection (a)(3)) under 

subsection (a)(1)(C), or to provide minimum allotments to States 

under subsection (a)(2)(B), the Administrator shall proportionately 

reduce the allotments of the remaining States under subsection 

(a)(1)(A), with such adjustments as may be necessary to prevent 

the allotment of any such remaining State from being reduced to 

less than the amount required by subsection (a)(1)(B). 

(c) REALLOTMENT.—Whenever the Administrator determines 

that any amount of an allotment to a State for any fiscal year will 

not be expended by such State in carrying out the provisions of this 

part, the Administrator shall make such amount available for carrying out the provisions of this part to one or more of the States 

that the Administrator determines will be able to use additional 

amounts during such year for carrying out such provisions. Any 

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173 REHABILITATION ACT OF 1973 Sec. 712 

amount made available to a State for any fiscal year pursuant to 

the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the State (as determined 

under the preceding provisions of this section) for such year. 

(d) ADMINISTRATION.—Funds allotted or made available to a 

State under this section shall be administered by the designated 

State entity, in accordance with the approved State plan. 

ø29 U.S.C. 796e¿ 

TRAINING AND TECHNICAL ASSISTANCE 

SEC. 711A. (a) From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal 

year 2015, the Administrator shall first reserve not less than 1.8 

percent and not more than 2 percent of the funds to provide, either 

directly or through grants, contracts, or cooperative agreements, 

training and technical assistance to Statewide Independent Living 

Councils established under section 705 for such fiscal year. 

(b) The Administrator shall conduct a survey of such Statewide 

Independent Living Councils regarding training and technical assistance needs in order to determine funding priorities for such 

training and technical assistance. 

(c) To be eligible to receive a grant or enter into a contract or 

cooperative agreement under this section, an entity shall submit an 

application to the Administrator at such time, in such manner, containing a proposal to provide such training and technical assistance, and containing such additional information, as the Administrator may require. The Administrator shall provide for peer review 

of applications by panels that include persons who are not government employees and who have experience in the operation of such 

Statewide Independent Living Councils. 

ø29 U.S.C. 796e–0¿ 

SEC. 712. PAYMENTS TO STATES FROM ALLOTMENTS. 

(a) PAYMENTS.—From the allotment of each State for a fiscal 

year under section 711, the State shall be paid the Federal share 

of the expenditures incurred during such year under its State plan 

approved under section 706. Such payments may be made (after 

necessary adjustments on account of previously made overpayments or underpayments) in advance or by way of reimbursement, 

and in such installments and on such conditions as the Administrator may determine. 

(b) FEDERAL SHARE.— 

(1) IN GENERAL.—The Federal share with respect to any 

State for any fiscal year shall be 90 percent of the expenditures 

incurred by the State during such year under its State plan approved under section 706. 

(2) NON-FEDERAL SHARE.—The non-Federal share of the 

cost of any project that receives assistance through an allotment under this part may be provided in cash or in kind, fairly 

evaluated, including plant, equipment, or services. 

ø29 U.S.C. 796e–1¿ 

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Sec. 713 REHABILITATION ACT OF 1973 174 

SEC. 713. AUTHORIZED USES OF FUNDS. 

(a) IN GENERAL.—The State may use funds received under this 

part to provide the resources described in section 705(e) (but may 

not use more than 30 percent of the funds paid to the State under 

section 712 for such resources unless the State specifies that a 

greater percentage of the funds is needed for such resources in a 

State plan approved under section 706), relating to the Statewide 

Independent Living Council, may retain funds under section 

704(c)(5), and shall distribute the remainder of the funds received 

under this part in a manner consistent with the approved State 

plan for the activities described in subsection (b). 

(b) ACTIVITIES.—The State may use the remainder of the funds 

described in subsection (a)— 

(1) to provide independent living services to individuals 


with significant disabilities, particularly those in unserved 


areas of the State; 


(2) to demonstrate ways to expand and improve independent living services; 


(3) to support the operation of centers for independent living that are in compliance with the standards and assurances 


set forth in subsections (b) and (c) of section 725; 


(4) to support activities to increase the capacities of public 


or nonprofit agencies and organizations and other entities to 


develop comprehensive approaches or systems for providing 


independent living services; 


(5) to conduct studies and analyses, gather information, 


develop model policies and procedures, and present information, approaches, strategies, findings, conclusions, and recommendations to Federal, State, and local policymakers in 


order to enhance independent living services for individuals 


with disabilities; 


(6) to train individuals with disabilities and individuals 


providing services to individuals with disabilities and other 


persons regarding the independent living philosophy; and 


(7) to provide outreach to populations that are unserved or 


underserved by programs under this title, including minority 


groups and urban and rural populations. 


ø29 U.S.C. 796e–2¿ 

SEC. 714. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this part 

$22,878,000 for fiscal year 2015, $24,645,000 for fiscal year 2016, 

$25,156,000 for fiscal year 2017, $25,714,000 for fiscal year 2018, 

$26,319,000 for fiscal year 2019, and $26,877,000 for fiscal year 

2020. 

ø29 U.S.C. 796e–3¿ 

PART C—CENTERS FOR INDEPENDENT LIVING 

SEC. 721. PROGRAM AUTHORIZATION. 

(a) IN GENERAL.—From the funds appropriated for fiscal year 

2015 and for each subsequent fiscal year to carry out this part, the 

Administrator shall make available such sums as may be necessary 

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175 REHABILITATION ACT OF 1973 Sec. 721 

to States, centers for independent living, and other entities in accordance with subsections (b) through (d). 

(b) TRAINING.— 

(1) GRANTS; CONTRACTS; COOPERATIVE AGREEMENTS.—From 

the funds appropriated to carry out this part for any fiscal 

year, beginning with fiscal year 2015, the Administrator shall 

first reserve not less than 1.8 percent and not more than 2 percent of the funds, to provide training and technical assistance 

to centers for independent living and eligible agencies for such 

fiscal year. 

(2) ALLOCATION.—From the funds reserved under paragraph (1), the Administrator shall make grants to, or enter into 

contracts or cooperative agreements with, entities that have 

experience in the operation of centers for independent living to 

provide such training and technical assistance with respect to 

fiscal management of, planning, developing, conducting, administering, and evaluating centers for independent living. 

(3) FUNDING PRIORITIES.—The Administrator shall conduct 

a survey of centers for independent living regarding training 

and technical assistance needs in order to determine funding 

priorities for such grants, contracts, and other arrangements. 

(4) REVIEW.—To be eligible to receive a grant or enter into 

a contract or cooperative agreement 18 under this subsection, 

such an entity shall submit an application to the Administrator 

at such time, in such manner, and containing a proposal to 

provide such training and technical assistance, and containing 

such additional information as the Administrator may require. 

The Administrator shall provide for peer review of grant applications by panels that include persons who are not government 

employees and who have experience in the operation of centers 

for independent living. 

(5) PROHIBITION ON COMBINED FUNDS.—No funds reserved 

by the Administrator under this subsection may be combined 

with funds appropriated under any other Act or part of this 

Act if the purpose of combining funds is to make a single discretionary grant or a single discretionary payment, unless such 

funds appropriated under this chapter are separately identified 

in such grant or payment and are used for the purposes of this 

chapter. 

(c) IN GENERAL.— 

(1) STATES.— 

(A) POPULATION BASIS.—After the reservation required 

by subsection (b) has been made, and except as provided 

in subparagraphs (B) and (C), from the remainder of the 

amounts appropriated for each such fiscal year to carry out 

this part, the Administrator shall make an allotment to 

each State whose State plan has been approved under section 706 of an amount bearing the same ratio to such remainder as the population of the State bears to the population of all States. 

18 The amendment made by section 481(3) of Pubic Law 113–128 to paragraph (4) of section 

721 was carried out to paragraph (4) of section 721(b) to reflect the probable intent of Congress. 

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Sec. 721 REHABILITATION ACT OF 1973 176 

(B) MAINTENANCE OF 1992 AMOUNTS.—Subject to the 

availability of appropriations to carry out this part, the 

amount of any allotment made under subparagraph (A) to 

a State for a fiscal year shall not be less than the amount 

of financial assistance received by centers for independent 

living in the State for fiscal year 1992 under part B of this 

title, as in effect on the day before the date of enactment 

of the Rehabilitation Act Amendments of 1992. 

(C) MINIMUMS.—Subject to the availability of appropriations to carry out this part and except as provided in 

subparagraph (B), for a fiscal year in which the amounts 

appropriated to carry out this part exceed the amounts appropriated for fiscal year 1992 to carry out part B of this 

title, as in effect on the day before the date of enactment 

of the Rehabilitation Act Amendments of 1992— 

(i) if such excess is not less than $8,000,000, the 

allotment to any State under subparagraph (A) shall 

be not less than $450,000 or 1⁄3 of 1 percent of the 

sums made available for the fiscal year for which the 

allotment is made, whichever is greater, and the allotment of any State under this section for any fiscal 

year that is less than $450,000 or 1⁄3 of 1 percent of 

such sums shall be increased to the greater of the 2 

amounts; 

(ii) if such excess is not less than $4,000,000 and 

is less than $8,000,000, the allotment to any State 

under subparagraph (A) shall be not less than 

$400,000 or 1⁄3 of 1 percent of the sums made available 

for the fiscal year for which the allotment is made, 

whichever is greater, and the allotment of any State 

under this section for any fiscal year that is less than 

$400,000 or 1⁄3 of 1 percent of such sums shall be increased to the greater of the 2 amounts; and 

(iii) if such excess is less than $4,000,000, the allotment to any State under subparagraph (A) shall approach, as nearly as possible, the greater of the 2 

amounts described in clause (ii). 

(2) CERTAIN TERRITORIES.— 

(A) IN GENERAL.—For the purposes of paragraph 

(1)(C), Guam, American Samoa, the United States Virgin 

Islands, and the Commonwealth of the Northern Mariana 

Islands shall not be considered to be States. 

(B) ALLOTMENT.—Each jurisdiction described in subparagraph (A) shall be allotted under paragraph (1)(A) not 

less than 1⁄8 of 1 percent of the remainder for the fiscal 

year for which the allotment is made. 

(3) ADJUSTMENT FOR INFLATION.—For any fiscal year, beginning in fiscal year 1999, in which the total amount appropriated to carry out this part exceeds the total amount appropriated to carry out this part for the preceding fiscal year, the 

Administrator shall increase the minimum allotment under 

paragraph (1)(C) by a percentage that shall not exceed the percentage increase in the total amount appropriated to carry out 

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177 REHABILITATION ACT OF 1973 Sec. 722 

this part between the preceding fiscal year and the fiscal year 

involved. 

(4) PROPORTIONAL REDUCTION.—To provide allotments to 

States in accordance with paragraph (1)(B), to provide minimum allotments to States (as increased under paragraph (3)) 

under paragraph (1)(C), or to provide minimum allotments to 

States under paragraph (2)(B), the Administrator shall proportionately reduce the allotments of the remaining States under 

paragraph (1)(A), with such adjustments as may be necessary 

to prevent the allotment of any such remaining State from 

being reduced to less than the amount required by paragraph 

(1)(B). 

(d) REALLOTMENT.—Whenever the Administrator determines 

that any amount of an allotment to a State for any fiscal year will 

not be expended by such State for carrying out the provisions of 

this part, the Administrator shall make such amount available for 

carrying out the provisions of this part to one or more of the States 

that the Administrator determines will be able to use additional 

amounts during such year for carrying out such provisions. Any 

amount made available to a State for any fiscal year pursuant to 

the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the State (as determined 

under the preceding provisions of this section) for such year. 

ø29 U.S.C. 796f¿ 

SEC. 722. GRANTS TO CENTERS FOR INDEPENDENT LIVING IN STATES 

IN WHICH FEDERAL FUNDING EXCEEDS STATE FUNDING. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—Unless the director of a designated State 

unit awards grants under section 723 to eligible agencies in a 

State for a fiscal year, the Administrator shall award grants 

under this section to such eligible agencies for such fiscal year 

from the amount of funds allotted to the State under subsection (c) or (d) of section 721 for such year. 

(2) GRANTS.—The Administrator shall award such grants, 

from the amount of funds so allotted, to such eligible agencies 

for the planning, conduct, administration, and evaluation of 

centers for independent living that comply with the standards 

and assurances set forth in section 725. 

(b) ELIGIBLE AGENCIES.—In any State in which the Administrator has approved the State plan required by section 704, the Administrator may make a grant under this section to any eligible 

agency that— 

(1) has the power and authority to carry out the purpose 

of this part and perform the functions set forth in section 725 

within a community and to receive and administer funds under 

this part, funds and contributions from private or public 

sources that may be used in support of a center for independent living, and funds from other public and private programs; 

(2) is determined by the Administrator to be able to plan, 

conduct, administer, and evaluate a center for independent living consistent with the standards and assurances set forth in 

section 725; and 

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Sec. 722 REHABILITATION ACT OF 1973 178 

(3) submits an application to the Administrator at such 

time, in such manner, and containing such information as the 

Administrator may require. 

(c) EXISTING ELIGIBLE AGENCIES.—In the administration of the 

provisions of this section, the Administrator shall award grants for 

a fiscal year to any eligible agency that has been awarded a grant 

under this part for the preceding fiscal year, unless the Administrator makes a finding that the agency involved fails to meet program and fiscal standards and assurances set forth in section 725. 

(d) NEW CENTERS FOR INDEPENDENT LIVING.— 

(1) IN GENERAL.—If there is no center for independent living serving a region of the State or a region is underserved, 

and the increase in the allotment of the State is sufficient to 

support an additional center for independent living in the 

State, the Administrator may award a grant under this section 

to the most qualified applicant proposing to serve such region. 

The Administrator’s determination of the most qualified applicant shall be consistent with the provisions in the State plan 

setting forth the design of the State for establishing a statewide network of centers for independent living. 

(2) SELECTION.—In selecting from among applicants for a 

grant under this section for a new center for independent living, the Administrator— 

(A) shall consider comments regarding the application— 

(i) by individuals with disabilities and other interested parties within the new region proposed to be 

served; and 

(ii) if any, by the Statewide Independent Living 

Council in the State in which the applicant is located; 

(B) shall consider the ability of each such applicant to 

operate a center for independent living based on— 

(i) evidence of the need for such a center; 

(ii) any past performance of such applicant in providing services comparable to independent living services; 

(iii) the plan for satisfying or demonstrated success in satisfying the standards and the assurances set 

forth in section 725; 

(iv) the quality of key personnel and the involvement of individuals with significant disabilities; 

(v) budgets and cost-effectiveness; 

(vi) an evaluation plan; and 

(vii) the ability of such applicant to carry out the 

plans; and 

(C) shall give priority to applications from applicants 

proposing to serve geographic areas within each State that 

are currently unserved or underserved by independent living programs, consistent with the provisions of the State 

plan submitted under section 704 regarding establishment 

of a statewide network of centers for independent living. 

(3) CURRENT CENTERS.—Notwithstanding paragraphs (1) 

and (2), a center for independent living that receives assistance 

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179 REHABILITATION ACT OF 1973 Sec. 723 

under part B for a fiscal year shall be eligible for a grant for 

the subsequent fiscal year under this subsection. 

(e) ORDER OF PRIORITIES.—The Administrator. 19 shall be guided by the following order of priorities in allocating funds among 

centers for independent living within a State, to the extent funds 

are available: 

(1) The Administrator. 19 shall support existing centers for 

independent living, as described in subsection (c), that comply 

with the standards and assurances set forth in section 725, at 

the level of funding for the previous year. 

(2) The Administrator. 19 shall provide for a cost-of-living 

increase for such existing centers for independent living. 

(3) The Administrator. 19 shall fund new centers for independent living, as described in subsection (d), that comply with 

the standards and assurances set forth in section 725. 

(f) NONRESIDENTIAL AGENCIES.—A center that provides or 

manages residential housing after October 1, 1994, shall not be 

considered to be an eligible agency under this section. 

(g) REVIEW.— 

(1) IN GENERAL.—The Administrator. 19 shall periodically 

review each center receiving funds under this section to determine whether such center is in compliance with the standards 

and assurances set forth in section 725. If the Administrator. 19 

determines that any center receiving funds under this section 

is not in compliance with the standards and assurances set 

forth in section 725, the Administrator. 19 shall immediately 

notify such center that it is out of compliance. 

(2) ENFORCEMENT.—The Administrator. 19 shall terminate 

all funds under this section to such center 90 days after the 

date of such notification unless the center submits a plan to 

achieve compliance within 90 days of such notification and 

such plan is approved by the Administrator. 19. 

ø29 U.S.C. 796f–1¿ 

SEC. 723. GRANTS TO CENTERS FOR INDEPENDENT LIVING IN STATES 

IN WHICH STATE FUNDING EQUALS OR EXCEEDS FEDERAL FUNDING. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.— 

(A) INITIAL YEAR.— 

(i) DETERMINATION.—The director of a designated 

State unit, as provided in paragraph (2), or the Administrator, as provided in paragraph (3), shall award 

grants under this section for an initial fiscal year if 

the Administrator determines that the amount of 

State funds that were earmarked by a State for a preceding fiscal year to support the general operation of 

centers for independent living meeting the requirements of this part equaled or exceeded the amount of 

funds allotted to the State under subsection (c) or (d) 

of section 721 for such year. 

19 So in law. The period after ‘‘Administrator’’ probably should not appear. See amendment 

made by section 482(a)(4) of Public Law 113–128. 

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January 7, 2016 

Sec. 723 REHABILITATION ACT OF 1973 180 

(ii) GRANTS.—The director of a designated State 

unit or the Administrator, as appropriate, shall award 

such grants, from the amount of funds so allotted for 

the initial fiscal year, to eligible agencies in the State 

for the planning, conduct, administration, and evaluation of centers for independent living that comply with 

the standards and assurances set forth in section 725. 

(iii) REGULATION.—The Administrator shall by 

regulation specify the preceding fiscal year with respect to which the Administrator will make the determinations described in clause (i) and subparagraph 

(B), making such adjustments as may be necessary to 

accommodate State funding cycles such as 2-year 

funding cycles or State fiscal years that do not coincide with the Federal fiscal year. 

(B) SUBSEQUENT YEARS.—For each year subsequent to 

the initial fiscal year described in subparagraph (A), the 

director of the designated State unit shall continue to have 

the authority to award such grants under this section if 

the Administrator determines that the State continues to 

earmark the amount of State funds described in subparagraph (A)(i). If the State does not continue to earmark 

such an amount for a fiscal year, the State shall be ineligible to make grants under this section after a final year 

following such fiscal year, as defined in accordance with 

regulations established by the Administrator, and for each 

subsequent fiscal year. 

(2) GRANTS BY DESIGNATED STATE UNITS.—In order for the 


designated State unit to be eligible to award the grants described in paragraph (1) and carry out this section for a fiscal 


year with respect to a State, the designated State agency shall 


submit an application to the Administrator at such time, and 


in such manner as the Administrator may require, including 


information about the amount of State funds described in paragraph (1) for the preceding fiscal year. If the Administrator 


makes a determination described in subparagraph (A)(i) or (B), 


as appropriate, of paragraph (1), the Administrator shall approve the application and designate the director of the designated State unit to award the grant and carry out this section. 


(3) GRANTS BY ADMINISTRATOR.—If the designated State 


agency of a State described in paragraph (1) does not submit 


and obtain approval of an application under paragraph (2), the 


Administrator shall award the grant described in paragraph 


(1) to eligible agencies in the State in accordance with section 

722. 

(b) ELIGIBLE AGENCIES.—In any State in which the Administrator has approved the State plan required by section 704, the director of the designated State unit may award a grant under this 

section to any eligible agency that— 

(1) has the power and authority to carry out the purpose 


of this part and perform the functions set forth in section 725 


within a community and to receive and administer funds under 


this part, funds and contributions from private or public 


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181 REHABILITATION ACT OF 1973 Sec. 723 

sources that may be used in support of a center for independent living, and funds from other public and private programs; 

(2) is determined by the director to be able to plan, conduct, administer, and evaluate a center for independent living, 

consistent with the standards and assurances set forth in section 725; and 

(3) submits an application to the director at such time, in 

such manner, and containing such information as the head of 

the designated State unit may require. 

(c) EXISTING ELIGIBLE AGENCIES.—In the administration of the 

provisions of this section, the director of the designated State unit 

shall award grants for a fiscal year under this section to any eligible agency that has been awarded a grant under this part for the 

preceding fiscal year, unless the director makes a finding that the 

agency involved fails to comply with the standards and assurances 

set forth in section 725. 

(d) NEW CENTERS FOR INDEPENDENT LIVING.— 

(1) IN GENERAL.—If there is no center for independent living serving a region of the State or the region is unserved or 

underserved, and the increase in the allotment of the State is 

sufficient to support an additional center for independent living in the State, the director of the designated State unit may 

award a grant under this section from among eligible agencies, 

consistent with the provisions of the State plan under section 

704 setting forth the design of the State for establishing a 

statewide network of centers for independent living. 

(2) SELECTION.—In selecting from among eligible agencies 

in awarding a grant under this part for a new center for independent living— 

(A) the director of the designated State unit and the 

chairperson of, or other individual designated by, the 

Statewide Independent Living Council acting on behalf of 

and at the direction of the Council, shall jointly appoint a 

peer review committee that shall rank applications in accordance with the standards and assurances set forth in 

section 725 and criteria jointly established by such director 

and such chairperson or individual; 

(B) the peer review committee shall consider the ability of each such applicant to operate a center for independent living, and shall recommend an applicant to receive a grant under this section, based on— 

(i) evidence of the need for a center for independent living, consistent with the State plan; 

(ii) any past performance of such applicant in providing services comparable to independent living services; 

(iii) the plan for complying with, or demonstrated 

success in complying with, the standards and the assurances set forth in section 725; 

(iv) the quality of key personnel of the applicant 

and the involvement of individuals with significant 

disabilities by the applicant; 

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Sec. 723 REHABILITATION ACT OF 1973 182 

(v) the budgets and cost-effectiveness of the applicant; 

(vi) the evaluation plan of the applicant; and 

(vii) the ability of such applicant to carry out the 

plans; and 

(C) the director of the designated State unit shall 

award the grant on the basis of the recommendations of 

the peer review committee if the actions of the committee 

are consistent with Federal and State law. 

(3) CURRENT CENTERS.—Notwithstanding paragraphs (1) 

and (2), a center for independent living that receives assistance 

under part B for a fiscal year shall be eligible for a grant for 

the subsequent fiscal year under this subsection. 

(e) ORDER OF PRIORITIES.—Unless the director of the designated State unit and the chairperson of the Council or other individual designated by the Council acting on behalf of and at the direction of the Council jointly agree on another order of priority, the 

director shall be guided by the following order of priorities in allocating funds among centers for independent living within a State, 

to the extent funds are available: 

(1) The director of the designated State unit shall support 

existing centers for independent living, as described in subsection (c), that comply with the standards and assurances set 

forth in section 725, at the level of funding for the previous 

year. 

(2) The director of the designated State unit shall provide 

for a cost-of-living increase for such existing centers for independent living. 

(3) The director of the designated State unit shall fund 

new centers for independent living, as described in subsection 

(d), that comply with the standards and assurances set forth 

in section 725. 

(f) NONRESIDENTIAL AGENCIES.—A center that provides or 

manages residential housing after October 1, 1994, shall not be 

considered to be an eligible agency under this section. 

(g) REVIEW.— 

(1) IN GENERAL.—The director of the designated State unit 

shall periodically review each center receiving funds under this 

section to determine whether such center is in compliance with 

the standards and assurances set forth in section 725. If the 

director of the designated State unit determines that any center receiving funds under this section is not in compliance with 

the standards and assurances set forth in section 725, the director of the designated State unit shall immediately notify 

such center that it is out of compliance. 

(2) ENFORCEMENT.—The director of the designated State 

unit shall terminate all funds under this section to such center 

90 days after— 

(A) the date of such notification; or 

(B) in the case of a center that requests an appeal 

under subsection (i), the date of any final decision under 

subsection (i), 

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January 7, 2016 

183 REHABILITATION ACT OF 1973 Sec. 725 

unless the center submits a plan to achieve compliance within 


90 days and such plan is approved by the director, or if appealed, by the Administrator. 


(h) ONSITE COMPLIANCE REVIEW.—The director of the designated State unit shall annually conduct onsite compliance reviews of at least 15 percent of the centers for independent living 

that receive funding under this section in the State. Each team 

that conducts onsite compliance review of centers for independent 

living shall include at least one person who is not an employee of 

the designated State agency, who has experience in the operation 

of centers for independent living, and who is jointly selected by the 

director of the designated State unit and the chairperson of or 

other individual designated by the Council acting on behalf of and 

at the direction of the Council. A copy of this review shall be provided to the Administrator. 

(i) ADVERSE ACTIONS.—If the director of the designated State 

unit proposes to take a significant adverse action against a center 

for independent living, the center may seek mediation and conciliation to be provided by an individual or individuals who are free of 

conflicts of interest identified by the chairperson of or other individual designated by the Council. If the issue is not resolved 

through the mediation and conciliation, the center may appeal the 

proposed adverse action to the Administrator for a final decision. 

ø29 U.S.C. 796f–2¿ 

SEC. 724. CENTERS OPERATED BY STATE AGENCIES. 

A State that receives assistance for fiscal year 2015 with respect to a center in accordance with subsection (a) of this section 

(as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act) may continue to receive assistance under this part for fiscal year 2015 or a succeeding fiscal 

year if, for such fiscal year— 

(1) no nonprofit private agency— 

(A) submits an acceptable application to operate a center for independent living for the fiscal year before a date 

specified by the Administrator; and 

(B) obtains approval of the application under section 

722 or 723; or 

(2) after funding all applications so submitted and approved, the Administrator determines that funds remain available to provide such assistance. 


ø29 U.S.C. 796f–3¿ 

SEC. 725. STANDARDS AND ASSURANCES FOR CENTERS FOR INDEPENDENT LIVING. 

(a) IN GENERAL.—Each center for independent living that receives assistance under this part shall comply with the standards 

set out in subsection (b) and provide and comply with the assurances set out in subsection (c) in order to ensure that all programs 

and activities under this part are planned, conducted, administered, and evaluated in a manner consistent with the purposes of 

this chapter and the objective of providing assistance effectively 

and efficiently. 

(b) STANDARDS.— 

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Sec. 725 REHABILITATION ACT OF 1973 184 

(1) PHILOSOPHY.—The center shall promote and practice 

the independent living philosophy of— 

(A) consumer control of the center regarding decisionmaking, service delivery, management, and establishment 

of the policy and direction of the center; 

(B) self-help and self-advocacy; 

(C) development of peer relationships and peer role 

models; and 

(D) equal access for individuals with significant disabilities, within their communities, to all services, programs, activities, resources, and facilities, whether public 

or private and regardless of the funding source. 

(2) PROVISION OF SERVICES.—The center shall provide services to individuals with a range of significant disabilities. The 

center shall provide services on a cross-disability basis (for individuals with all different types of significant disabilities, including individuals with significant disabilities who are members of populations that are unserved or underserved by programs under this title). Eligibility for services at any center for 

independent living shall be determined by the center, and shall 

not be based on the presence of any one or more specific significant disabilities. 

(3) INDEPENDENT LIVING GOALS.—The center shall facilitate the development and achievement of independent living 

goals selected by individuals with significant disabilities who 

seek such assistance by the center. 

(4) COMMUNITY OPTIONS.—The center shall work to increase the availability and improve the quality of community 

options for independent living in order to facilitate the development and achievement of independent living goals by individuals with significant disabilities. 

(5) INDEPENDENT LIVING CORE SERVICES.—The center shall 

provide independent living core services and, as appropriate, a 

combination of any other independent living services. 

(6) ACTIVITIES TO INCREASE COMMUNITY CAPACITY.—The 

center shall conduct activities to increase the capacity of communities within the service area of the center to meet the 

needs of individuals with significant disabilities. 

(7) RESOURCE DEVELOPMENT ACTIVITIES.—The center shall 

conduct resource development activities to obtain funding from 

sources other than this chapter. 

(c) ASSURANCES.—The eligible agency shall provide at such 

time and in such manner as the Administrator may require, such 

satisfactory assurances as the Administrator may require, including satisfactory assurances that— 

(1) the applicant is an eligible agency; 

(2) the center will be designed and operated within local 

communities by individuals with disabilities, including an assurance that the center will have a Board that is the principal 

governing body of the center and a majority of which shall be 

composed of individuals with significant disabilities; 

(3) the applicant will comply with the standards set forth 

in subsection (b); 

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185 REHABILITATION ACT OF 1973 Sec. 725 

January 7, 2016 

(4) the applicant will establish clear priorities through annual and 3-year program and financial planning objectives for 

the center, including overall goals or a mission for the center, 

a work plan for achieving the goals or mission, specific objectives, service priorities, and types of services to be provided, 

and a description that shall demonstrate how the proposed activities of the applicant are consistent with the most recent 3-

year State plan under section 704; 

(5) the applicant will use sound organizational and personnel assignment practices, including taking affirmative action to employ and advance in employment qualified individuals with significant disabilities on the same terms and conditions required with respect to the employment of individuals 

with disabilities under section 503; 

(6) the applicant will ensure that the majority of the staff, 

and individuals in decisionmaking positions, of the applicant 

are individuals with disabilities; 

(7) the applicant will practice sound fiscal management; 

(8) the applicant will conduct annual self-evaluations, prepare an annual report, and maintain records adequate to 

measure performance with respect to the standards, containing 

information regarding, at a minimum— 

(A) the extent to which the center is in compliance 


with the standards; 


(B) the number and types of individuals with significant disabilities receiving services through the center; 


(C) the types of services provided through the center 


and the number of individuals with significant disabilities 


receiving each type of service; 


(D) the sources and amounts of funding for the operation of the center; 


(E) the number of individuals with significant disabilities who are employed by, and the number who are in 


management and decisionmaking positions in, the center; 


and 


(F) a comparison, when appropriate, of the activities of 


the center in prior years with the activities of the center 


in the most recent year; 


(9) individuals with significant disabilities who are seeking 

or receiving services at the center will be notified by the center 

of the existence of, the availability of, and how to contact, the 

client assistance program; 

(10) aggressive outreach regarding services provided 

through the center will be conducted in an effort to reach populations of individuals with significant disabilities that are 

unserved or underserved by programs under this title, especially minority groups and urban and rural populations; 

(11) staff at centers for independent living will receive 

training on how to serve such unserved and underserved populations, including minority groups and urban and rural populations; 

(12) the center will submit to the Statewide Independent 

Living Council a copy of its approved grant application and the 

annual report required under paragraph (8); 

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Sec. 726 REHABILITATION ACT OF 1973 186 

(13) the center will prepare and submit a report to the designated State unit or the Administrator, as the case may be, 

at the end of each fiscal year that contains the information described in paragraph (8) and information regarding the extent 

to which the center is in compliance with the standards set 

forth in subsection (b); and 

(14) an independent living plan described in section 704(e) 

will be developed unless the individual who would receive services under the plan signs a waiver stating that such a plan is 

unnecessary. 

ø29 U.S.C. 796f–4¿ 

SEC. 726. DEFINITIONS. 

As used in this part, the term ‘‘eligible agency’’ means a consumer-controlled, community-based, cross-disability, nonresidential 

private nonprofit agency. 

ø29 U.S.C. 796f–5¿ 

SEC. 727. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this part 

$78,305,000 for fiscal year 2015, $84,353,000 for fiscal year 2016, 

$86,104,000 for fiscal year 2017, $88,013,000 for fiscal year 2018, 

$90,083,000 for fiscal year 2019, and $91,992,000 for fiscal year 

2020. 

ø29 U.S.C. 796f–6¿ 

CHAPTER 2—INDEPENDENT LIVING SERVICES FOR 

OLDER INDIVIDUALS WHO ARE BLIND 

SEC. 751. DEFINITION. 

For purposes of this chapter, the term ‘‘older individual who is 

blind’’ means an individual age 55 or older whose significant visual 

impairment makes competitive employment extremely difficult to 

attain but for whom independent living goals are feasible. 

ø29 U.S.C. 796j¿ 

TRAINING AND TECHNICAL ASSISTANCE 

SEC. 751A. (a) From the funds appropriated and made available to carry out this chapter for any fiscal year, beginning with 

fiscal year 2015, the Commissioner shall first reserve not less than 

1.8 percent and not more than 2 percent of the funds to provide, 

either directly or through grants, contracts, or cooperative agreements, training and technical assistance to designated State agencies, or other providers of independent living services for older individuals who are blind, that are funded under this chapter for such 

fiscal year. 

(b) The Commissioner shall conduct a survey of designated 

State agencies that receive grants under section 752 regarding 

training and technical assistance needs in order to determine funding priorities for such training and technical assistance. 

(c) To be eligible to receive a grant or enter into a contract or 

cooperative agreement under this section, an entity shall submit an 

application to the Commissioner at such time, in such manner, conJanuary 7, 2016 As Amended Through P.L. 114-95, Enacted December 10, 2015 

 

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187 REHABILITATION ACT OF 1973 Sec. 752 

taining a proposal to provide such training and technical assistance, and containing such additional information, as the Commissioner may require. The Commissioner shall provide for peer review of applications by panels that include persons who are not 

government employees and who have experience in the provision of 

services to older individuals who are blind. 

ø29 U.S.C. 796j–1¿ 

SEC. 752. PROGRAM OF GRANTS. 

(a) IN GENERAL.— 

(1) AUTHORITY FOR GRANTS.—Subject to subsections (b) and 

(c), the Commissioner may make grants to States for the purpose of providing the services described in subsection (d) to 

older individuals who are blind. 

(2) DESIGNATED STATE AGENCY.—The Commissioner may 

not make a grant under subsection (a) unless the State involved agrees that the grant will be administered solely by the 

agency described in section 101(a)(2)(A)(i). 

(b) CONTINGENT COMPETITIVE GRANTS.—Beginning with fiscal 

year 1993, in the case of any fiscal year for which the amount appropriated under section 753 is less than $13,000,000, grants made 

under subsection (a) shall be— 

(1) discretionary grants made on a competitive basis to 

States; or 

(2) grants made on a noncompetitive basis to pay for the 

continuation costs of activities for which a grant was awarded— 

(A) under this chapter; or 

(B) under part C, as in effect on the day before the 

date of enactment of the Rehabilitation Act Amendments 

of 1992. 

(c) CONTINGENT FORMULA GRANTS.— 

(1) IN GENERAL.—In the case of any fiscal year for which 

the amount appropriated under section 753 is equal to or 

greater than $13,000,000, grants under subsection (a) shall be 

made only to States and shall be made only from allotments 

under paragraph (2). 

(2) ALLOTMENTS.—For grants under subsection (a) for a 

fiscal year described in paragraph (1), the Commissioner shall 

make an allotment to each State in an amount determined in 

accordance with subsection (i), and shall make a grant to the 

State of the allotment made for the State if the State submits 

to the Commissioner an application in accordance with subsection (h). 

(d) SERVICES GENERALLY.—The Commissioner may not make a 

grant under subsection (a) unless the State involved agrees that 

the grant will be expended only for purposes of— 

(1) providing independent living services to older individuals who are blind; 

(2) conducting activities that will improve or expand 

services for such individuals; and 

(3) conducting activities to help improve public understanding of the problems of such individuals. 

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Sec. 752 REHABILITATION ACT OF 1973 188 

(e) INDEPENDENT LIVING SERVICES.—Independent living 

services for purposes of subsection (d)(1) include— 

(1) services to help correct blindness, such as— 

(A) outreach services; 

(B) visual screening; 

(C) surgical or therapeutic treatment to prevent, 

correct, or modify disabling eye conditions; and 

(D) hospitalization related to such services; 

(2) the provision of eyeglasses and other visual aids; 

(3) the provision of services and equipment to assist an 

older individual who is blind to become more mobile and more 

self-sufficient; 

(4) mobility training, braille instruction, and other services 

and equipment to help an older individual who is blind adjust 

to blindness; 

(5) guide services, reader services, and transportation; 

(6) any other appropriate service designed to assist an 

older individual who is blind in coping with daily living activities, including supportive services and rehabilitation teaching 

services; 

(7) independent living skills training, information and referral services, peer counseling, and individual advocacy training; and 

(8) other independent living services. 

(f) MATCHING FUNDS.— 

(1) IN GENERAL.—The Commissioner may not make a 

grant under subsection (a) unless the State involved agrees, 

with respect to the costs of the program to be carried out by 

the State pursuant to such subsection, to make available (directly or through donations from public or private entities) 

non-Federal contributions toward such costs in an amount that 

is not less than $1 for each $9 of Federal funds provided in the 

grant. 

(2) DETERMINATION OF AMOUNT CONTRIBUTED.—Non-Federal contributions required in paragraph (1) may be in cash or 

in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services 

assisted or subsidized to any significant extent by the Federal 

Government, may not be included in determining the amount 

of such non-Federal contributions. 

(g) CERTAIN EXPENDITURES OF GRANTS.—A State may expend 

a grant under subsection (a) to carry out the purposes specified in 

subsection (d) through grants to, or contracts or cooperative agreements with, public and nonprofit private agencies or organizations. 

(h) APPLICATION FOR GRANT.— 

(1) IN GENERAL.—The Commissioner may not make a 

grant under subsection (a) unless an application for the grant 

is submitted to the Commissioner and the application is in 

such form, is made in such manner, and contains such agreements, assurances, and information as the Commissioner determines to be necessary to carry out this section (including 

agreements, assurances, and information with respect to any 

grants under subsection (i)(4)). 

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189 REHABILITATION ACT OF 1973 Sec. 752 

(2) CONTENTS.—An application for a grant under this section shall contain— 

(A) an assurance that the agency described in subsection (a)(2) will prepare and submit to the Commissioner 

a report, at the end of each fiscal year, with respect to 

each project or program the agency operates or administers under this section, whether directly or through a 

grant or contract, which report shall contain, at a minimum, information on— 

(i) the number and types of older individuals who 

are blind and are receiving services; 

(ii) the types of services provided and the number 

of older individuals who are blind and are receiving 

each type of service; 

(iii) the sources and amounts of funding for the 

operation of each project or program; 

(iv) the amounts and percentages of resources 

committed to each type of service provided; 

(v) data on actions taken to employ, and advance 

in employment, qualified individuals with significant 

disabilities, including older individuals who are blind; 

and 

(vi) a comparison, if appropriate, of prior year activities with the activities of the most recent year; and 

(B) an assurance that the agency will— 

(i) provide services that contribute to the maintenance of, or the increased independence of, older individuals who are blind; and 

(ii) engage in— 

(I) capacity-building activities, including collaboration with other agencies and organizations; 

(II) activities to promote community awareness, involvement, and assistance; and 

(III) outreach efforts. 

(i) AMOUNT OF FORMULA GRANT.— 

(1) IN GENERAL.—Subject to the availability of appropriations, the amount of an allotment under subsection (a) for a 

State for a fiscal year shall be the greater of— 

(A) the amount determined under paragraph (2); or 

(B) the amount determined under paragraph (3). 

(2) MINIMUM ALLOTMENT.— 

(A) STATES.—In the case of the several States, the District of Columbia, and the Commonwealth of Puerto Rico, 

the amount referred to in subparagraph (A) of paragraph 

(1) for a fiscal year is the greater of— 

(i) $225,000; or 

(ii) an amount equal to 1⁄3 of 1 percent of the 

amount appropriated under section 753, and not reserved under section 751A, for the fiscal year and 

available for allotments under subsection (a). 

(B) CERTAIN TERRITORIES.—In the case of Guam, 

American Samoa, the United States Virgin Islands, and 

the Commonwealth of the Northern Mariana Islands, the 

January 7, 2016 As Amended Through P.L. 114-95, Enacted December 10, 2015 

 

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Sec. 753 REHABILITATION ACT OF 1973 190 

amount referred to in subparagraph (A) of paragraph (1) 

for a fiscal year is $40,000. 

(3) FORMULA.—The amount referred to in subparagraph 

(B) of paragraph (1) for a State for a fiscal year is the product 

of— 

(A) the amount appropriated under section 753, and 

not reserved under section 751A, and available for allotments under subsection (a); and 

(B) a percentage equal to the quotient of— 

(i) an amount equal to the number of individuals 

residing in the State who are not less than 55 years 

of age; divided by 

(ii) an amount equal to the number of individuals 

residing in the United States who are not less than 55 

years of age. 

(4) DISPOSITION OF CERTAIN AMOUNTS.— 

(A) GRANTS.—From the amounts specified in subparagraph (B), the Commissioner may make grants to States 

whose population of older individuals who are blind has a 

substantial need for the services specified in subsection (d) 

relative to the populations in other States of older individuals who are blind. 

(B) AMOUNTS.—The amounts referred to in subparagraph (A) are any amounts that are not paid to States 

under subsection (a) as a result of— 

(i) the failure of any State to submit an application under subsection (h); 

(ii) the failure of any State to prepare within a 

reasonable period of time such application in compliance with such subsection; or 

(iii) any State informing the Commissioner that 

the State does not intend to expend the full amount of 

the allotment made for the State under subsection (a). 

(C) CONDITIONS.—The Commissioner may not make a 

grant under subparagraph (A) unless the State involved 

agrees that the grant is subject to the same conditions as 

grants made under subsection (a). 

ø29 U.S.C. 796k¿ 

SEC. 753. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this chapter $33,317,000 for fiscal year 2015, $35,890,000 for fiscal year 

2016, $36,635,000 for fiscal year 2017, $37,448,000 for fiscal year 

2018, $38,328,000 for fiscal year 2019, and $39,141,000 for fiscal 

year 2020. 

ø29 U.S.C. 796l¿ 

January 7, 2016 As Amended Through P.L. 114-95, Enacted December 10, 2015