II

103D CONGRESS

1ST SESSION S. 1295

To amend the Rehabilitation Act of 1973 and the Education of the Deaf

Act of 1986 to make technical and conforming amendments to the

Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 27 (legislative day, JUNE 30), 1993

Mr. HARKIN (for himself, Mr. DURENBERGER, and Mr. DOLE) introduced the

following bill; which was read twice, considered, read the third time, and

passed.

A BILL

To amend the Rehabilitation Act of 1973 and the Education

of the Deaf Act of 1986 to make technical and conforming amendments to the Act, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Rehabilitation Act

5 Amendments of 1993’’.
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1 TITLE I—REHABILITATION ACT

2 OF 1973

3 SEC. 101. REFERENCES.

4 Except as otherwise specifically provided, whenever in

5 this title an amendment or repeal is expressed in terms

6 of an amendment to, or a repeal of, a section or other

7 provision, the reference shall be considered to be made to

8 a section or other provision of the Rehabilitation Act of

9 1973 (29 U.S.C. 701 et seq.).

10 SEC. 102. REHABILITATION ACT AMENDMENTS OF 1992.

11 The Rehabilitation Act Amendments of 1992 (Public

12 Law 102–569; 106 Stat. 4344 et seq.) is amended—

13 (1) in section 102(a)(2) (relating to a section

14 7(3)), by adding closing quotations after

15 ‘‘101(a)(1)(A).’’;

16 (2) in section 102(p)(7)(E) (relating to a sec17 tion 101(a)(13)(B)), by striking ‘‘conditions’’ and

18 inserting ‘‘condition’’;

19 (3) in section 138(b) (29 U.S.C. 701 note), to

20 read as follows:

21 ‘‘(b) COMPLIANCE.—Each State agency subject to

22 the provisions of title I of the Rehabilitation Act of 1973

23 shall comply with the amendments made by this subtitle,

24 as soon as is practicable after the date of enactment of

25 this Act, consistent with the effective and efficient admin-
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1 istration of the Rehabilitation Act of 1973, but not later

2 than October 1, 1993.’’; and

3 (4) in section 203(g)(5) (relating to a section

4 202(g)), by striking ‘‘adding at the end’’ and insert5 ing ‘‘inserting after paragraph (3)’’.

6 SEC. 103. DEFINITIONS.

7 Section 7 (29 U.S.C. 706) is amended—

8 (1) in paragraph (3)—

9 (A) by striking ‘‘The term ‘designated

10 State unit’ means’’ and inserting the following:

11 ‘‘(B) The term ‘designated State unit’ means’’; and

12 (B) in subparagraph (B) (as designated by

13 subparagraph (A) of this paragraph), in clause

14 (ii), by striking ‘‘101(a)(B)(i)’’ and inserting

15 ‘‘101(a)(1)(B)(i)’’;

16 (2) in paragraph (8)—

17 (A) in subparagraph (A), by striking ‘‘ti18 tles I, II, III, VI, and VIII’’ and inserting ‘‘title

19 I, III, VI, or VIII’’; and

20 (B) in subparagraph (B), by striking ‘‘IV

21 and V’’ and inserting ‘‘II, IV, V, and VII’’;

22 (3) in paragraph (15)(A), in the matter preced23 ing clause (i), by inserting a comma after ‘‘subpara24 graph (C)’’;

25 (4) in paragraph (18)(A)(ii)—
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1 (A) by inserting ‘‘for the period, and any

2 extension, described in paragraph (34)(C)’’

3 after ‘‘employment services’’;

4 (B) by striking ‘‘or’’ and inserting ‘‘and’’;

5 and

6 (C) by inserting ‘‘after the transition de7 scribed in paragraph (27)(C)’’ after ‘‘extended

8 services’’; and

9 (5) in paragraph (26)(B), by striking ‘‘III, IV,

10 V, and VIII’’ and inserting ‘‘IV, V, and VII’’.

11 SEC. 104. CARRYOVER.

12 Section 19(a) (29 U.S.C. 718(a)) is amended to read

13 as follows:

14 ‘‘(a) IN GENERAL.—Except as provided in subsection

15 (b), and notwithstanding any other provision of law—

16 ‘‘(1) any funds appropriated for a fiscal year to

17 carry out any grant program under part B or C of

18 title I, section 509 (except as provided in section

19 509(b)), part C of title VI, part B or C of chapter

20 1 of title VII, or chapter 2 of title VII (except as

21 provided in section 752(b)), including any funds re22 allotted under any such grant program, that are not

23 obligated and expended by recipients prior to the be24 ginning of the succeeding fiscal year; or
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1 ‘‘(2) any amounts of program income, including

2 reimbursement payments under the Social Security

3 Act (42 U.S.C. 301 et seq.), received by recipients

4 under any grant program specified in paragraph (1)

5 that are not obligated and expended by recipients

6 prior to the beginning of the fiscal year succeeding

7 the fiscal year in which such amounts were received,

8 shall remain available for obligation and expenditure by

9 such recipients during such succeeding fiscal year.’’.

10 SEC. 105. CLIENT ASSISTANCE INFORMATION.

11 Section 20 (29 U.S.C. 718a) is amended by striking

12 ‘‘such individuals, or the parents,’’ and inserting ‘‘such in13 dividuals who are applicants for or recipients of the serv14 ices, or the parents,’’.

15 SEC. 106. TRADITIONALLY UNDERSERVED POPULATIONS.

16 Section 21(b) (29 U.S.C. 719b(b)) is amended—

17 (1) by redesignating paragraphs (4) and (5) as

18 paragraphs (5) and (6), respectively; and

19 (2) by redesignating the second paragraph (3)

20 as paragraph (4).

21 SEC. 107. VOCATIONAL REHABILITATION SERVICES.

22 (a) STATE PLANS.—Section 101(a) (29 U.S.C.

23 721(a)) is amended—
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1 (1) in paragraph (10)(A), by striking ‘‘de2 scribed in subparagraph (C)’’ and inserting ‘‘de3 scribed in subparagraph (D)’’;

4 (2) in paragraph (32), by inserting ‘‘or inde5 pendent commission described in paragraph (36)’’

6 after ‘‘Council’’;

7 (3) in paragraph (34)(B) by striking ‘‘part B’’

8 and inserting ‘‘section 110’’; and

9 (4) in paragraph (36)—

10 (A) by amending subparagraph (B)(i) to

11 read as follows:

12 ‘‘(i) is responsible under State law for

13 operating, or overseeing the operation of,

14 the vocational rehabilitation program in

15 the State;’’; and

16 (B) in subparagraph (C)—

17 (i) by amending clause (i) to read as

18 follows:

19 ‘‘(i) an independent commission is re20 sponsible under State law for operating, or

21 overseeing the operation of, the vocational

22 rehabilitation programs of both such agen23 cies and meets the requirements of clauses

24 (ii) and (iv) of subparagraph (B);’’; and
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1 (ii) by striking clause (ii) and insert2 ing the following:

3 ‘‘(ii)(I) an independent commission is

4 responsible under State law for operating,

5 or overseeing the operation of, the voca6 tional rehabilitation program in the State

7 for individuals who are blind, is consumer8 controlled by and represents individuals

9 who are blind, and undertakes the function

10 set forth in section 105(c)(3); and

11 ‘‘(II) an independent commission is

12 responsible under State law for operating,

13 or overseeing the operation of, the voca14 tional rehabilitation program in the State

15 for all individuals with disabilities except

16 for individuals who are blind and meets the

17 requirements of clauses (ii) and (iv) of

18 subparagraph (B); or

19 ‘‘(iii)(I) an independent commission is

20 responsible under State law for operating,

21 or overseeing the operation of, the voca22 tional rehabilitation program in the State

23 for individuals who are blind, is consumer24 controlled by and represents individuals
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1 who are blind, and undertakes the function

2 set forth in section 105(c)(3); and

3 ‘‘(II) the State has established a State

4 Rehabilitation Advisory Council that meets

5 the criteria set forth in section 105 and

6 carries out the duties of such a Council

7 with respect to functions for, and services

8 provided to, individuals with disabilities ex9 cept for individuals who are blind.’’.

10 (b) INDIVIDUALIZED WRITTEN REHABILITATION

11 PROGRAM.—Section 102 (29 U.S.C. 722) is amended—

12 (1) in subsection (a)(5)(B), by striking ‘‘section

13 7(22)(A)(iii)’’ and inserting ‘‘section 7(22)(A)(ii)’’;

14 and

15 (2) in subsection (d)—

16 (A) in paragraph (2)(C)(ii)(I), by striking

17 ‘‘who were appointed under one of subpara18 graphs (E) through (H) of section 105(b)(1);’’

19 and inserting ‘‘who were appointed under one of

20 clauses (v) through (viii) of section

21 105(b)(1)(A), or under one of clauses (v)

22 through (ix) of section 105(b)(1)(B), as appro23 priate;’’; and
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1 (B) in paragraph (6)(B), by redesignating

2 paragraphs (1) through (4) as clauses (i)

3 through (iv), respectively.

4 (c) VOCATIONAL REHABILITATION SERVICES.—Sec5 tion 103(a) (29 U.S.C. 723(a)) is amended—

6 (1) in paragraph (4)—

7 (A) in subparagraph (D), by striking ‘‘a

8 physician skilled in the diseases of the eye or by

9 an optometrist, whichever the individual may

10 select,’’ and inserting ‘‘qualified personnel,

11 under State licensure laws, that are selected by

12 the individual,’’; and

13 (B) in subparagraph (F), by striking ‘‘a

14 physician or licensed psychologist’’ and all that

15 follows and inserting ‘‘qualified personnel under

16 State licensure laws;’’; and

17 (2) in paragraph (6), by striking ‘‘those individ18 uals’’ and all that follows and inserting ‘‘those indi19 viduals determined to be blind after an examination

20 by qualified personnel under State licensure laws;’’.

21 (d) STATE REHABILITATION ADVISORY COUNCIL.—

22 (1) AMENDMENTS.—Section 105 (29 U.S.C.

23 725) is amended—

24 (A) in subsection (b)—
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1 (i) by striking paragraph (1) and in2 serting the following:

3 ‘‘(1) COMPOSITION.—

4 ‘‘(A) IN GENERAL.—Except in the case of

5 a separate Council established under subsection

6 (a)(2), the Council shall be composed of—

7 ‘‘(i) at least one representative of the

8 Statewide Independent Living Council es9 tablished under section 705, which rep10 resentative may be the chairperson or

11 other designee of the Council;

12 ‘‘(ii) at least one representative of a

13 parent training and information center es14 tablished pursuant to section 631(e)(1) of

15 the Individuals with Disabilities Education

16 Act (20 U.S.C. 1431(e)(1));

17 ‘‘(iii) at least one representative of the

18 client assistance program established under

19 section 112;

20 ‘‘(iv) at least one vocational rehabili21 tation counselor, with knowledge of and ex22 perience with vocational rehabilitation pro23 grams, who shall serve as an ex officio,

24 nonvoting member of the Council if the
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1 counselor is an employee of the designated

2 State agency;

3 ‘‘(v) at least one representative of

4 community rehabilitation program service

5 providers;

6 ‘‘(vi) four representatives of business,

7 industry, and labor;

8 ‘‘(vii) representatives of disability ad9 vocacy groups representing a cross section

10 of—

11 ‘‘(I) individuals with physical,

12 cognitive, sensory, and mental disabil13 ities; and

14 ‘‘(II) parents, family members,

15 guardians, advocates, or authorized

16 representatives, of individuals with

17 disabilities who have difficulty in rep18 resenting themselves or are unable

19 due to their disabilities to represent

20 themselves; and

21 ‘‘(viii) current or former applicants

22 for, or recipients of, vocational rehabilita23 tion services.
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1 ‘‘(B) SEPARATE COUNCIL.—In the case of

2 a separate Council established under subsection

3 (a)(2), the Council shall be composed of—

4 ‘‘(i) at least one representative de5 scribed in subparagraph (A)(i);

6 ‘‘(ii) at least one representative de7 scribed in subparagraph (A)(ii);

8 ‘‘(iii) at least one representative de9 scribed in subparagraph (A)(iii);

10 ‘‘(iv) at least one vocational rehabili11 tation counselor described in subparagraph

12 (A)(iv), who shall serve as described in

13 such subparagraph;

14 ‘‘(v) at least one representative de15 scribed in subparagraph (A)(v);

16 ‘‘(vi) four representatives described in

17 subparagraph (A)(vi);

18 ‘‘(vii) at least one representative of a

19 disability advocacy group representing indi20 viduals who are blind;

21 ‘‘(viii) at least one parent, family

22 member, guardian, advocate, or authorized

23 representative, of an individual who—

24 ‘‘(I) is an individual who is blind

25 and has multiple disabilities; and
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1 ‘‘(II) has difficulty in represent2 ing himself or herself or is unable due

3 to disabilities to represent himself or

4 herself; and

5 ‘‘(ix) applicants or recipients de6 scribed in subparagraph (A)(viii).

7 ‘‘(C) EXCEPTION.—In the case of a sepa8 rate Council established under subsection

9 (a)(2), any Council that is required by State

10 law, as in effect on the date of enactment of the

11 Rehabilitation Act Amendments of 1992, to

12 have fewer than 13 members shall be deemed to

13 be in compliance with subparagraph (B) if the

14 Council—

15 ‘‘(i) meets the requirements of sub16 paragraph (B), other than the require17 ments of clauses (vi) and (ix) of such sub18 paragraph; and

19 ‘‘(ii) includes at least—

20 ‘‘(I) one representative described

21 in subparagraph (B)(vi); and

22 ‘‘(II) one applicant or recipient

23 described in subparagraph (B)(ix).’’;

24 and

25 (ii) in paragraph (3)—
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1 (I) in the first sentence, by strik2 ing ‘‘or the appropriate entity within

3 the State responsible for making ap4 pointments’’; and

5 (II) by inserting after the first

6 sentence the following: ‘‘In the case of

7 a State that, under State law, vests

8 appointment authority in an entity in

9 lieu of, or in conjunction with, the

10 Governor, such as one or more houses

11 of the State legislature, or an inde12 pendent board that has general ap13 pointment authority, that entity shall

14 make the appointments.’’; and

15 (B) in subsection (g), by inserting ‘‘(except

16 for funds appropriated to carry out the client

17 assistance program under section 112 and

18 funds reserved pursuant to section 110(d) to

19 carry out part D of this title)’’ before ‘‘to reim20 burse members’’.

21 (2) EFFECTIVE DATE.—In the case of a State

22 that demonstrates to the satisfaction of the Sec23 retary of Education that the State has designated a

24 State agency to administer the part of the State

25 plan under which vocational rehabilitation services
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1 are provided for individuals who are blind under sec2 tion 101(a)(1)(A)(i) of the Rehabilitation Act of

3 1973, and has established by State law a separate

4 Council to perform the duties of a State Rehabilita5 tion Advisory Council with respect to such State

6 agency, the Secretary may delay the effective date of

7 all or part of section 105(b)(1)(B), as amended by

8 paragraph (1), until October 1, 1994.

9 (e) STATE ALLOTMENTS.—Section 110(c) (29 U.S.C.

10 730(c)) is amended—

11 (1) in paragraph (2)—

12 (A) by striking ‘‘to pay for initial expendi13 tures during’’; and

14 (B) by inserting at the end the following:

15 ‘‘The Commissioner shall make such amount

16 available only if such other State will be able to

17 make sufficient payments from non-Federal

18 sources to pay for the non-Federal share of the

19 cost of vocational rehabilitation services under

20 the State plan for the fiscal year for which the

21 amount was appropriated.’’; and

22 (2) by striking paragraph (4).

23 (f) PAYMENTS TO STATES.—Section 111(b) (29

24 U.S.C. 731(b)) is amended by moving paragraphs (1) and

25 (2) 2 ems to the right.
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1 (g) CLIENT ASSISTANCE PROGRAM.—Section 112

2 (29 U.S.C. 732) is amended—

3 (1) in the first sentence of subsection (a), by

4 striking ‘‘facilities’’ and inserting ‘‘community reha5 bilitation programs’’; and

6 (2) in subsection (e)(1)(D), by striking clause

7 (ii) and inserting the following:

8 ‘‘(ii) For any fiscal year in which the total amount

9 appropriated under subsection (h) exceeds the total

10 amount appropriated under such subsection for the pre11 ceding fiscal year by a percentage greater than the most

12 recent percentage change in the Consumer Price Index

13 For All Urban Consumers published by the Secretary of

14 Labor under section 100(c)(1), the Secretary shall in15 crease each of the minimum allotments under clause (i)

16 by such percentage change in the Consumer Price Index

17 For All Urban Consumers.’’.

18 (h) INNOVATION AND EXPANSION GRANTS.—Section

19 124 (29 U.S.C. 744) is amended—

20 (1) in subsection (a)—

21 (A) in paragraph (2)—

22 (i) in subparagraph (A), by striking

23 ‘‘this subsection’’ and inserting ‘‘paragraph

24 (1)(B)’’; and
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1 (ii) in subparagraph (B), by striking

2 ‘‘allotted’’ and inserting ‘‘allotted under

3 paragraph (1)(A)’’; and

4 (B) by striking paragraph (3) and insert5 ing the following:

6 ‘‘(3) ADJUSTMENT FOR INFLATION.—For any

7 fiscal year, beginning in fiscal year 1994, in which

8 the total amount appropriated to carry out this part

9 exceeds the total amount appropriated to carry out

10 this part for the preceding fiscal year by a percent11 age greater than the most recent percentage change

12 in the Consumer Price Index For All Urban Con13 sumers published by the Secretary of Labor under

14 section 100(c)(1), the Commissioner shall increase

15 the minimum allotment under paragraph (1)(B) by

16 such percentage change in the Consumer Price

17 Index For All Urban Consumers.’’; and

18 (2) by striking subsection (b) and inserting the

19 following:

20 ‘‘(b) PROPORTIONAL REDUCTION.—To provide mini21 mum allotments to States (as increased under subsection

22 (a)(3)) under subsection (a)(1)(B), or to provide minimum

23 allotments to States under subsection (a)(2)(B), the Com24 missioner shall proportionately reduce the allotments of

25 the remaining States under subsection (a)(1)(A), with
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1 such adjustments as may be necessary to prevent the allot2 ment of any such remaining State from being reduced to

3 less than the minimum allotment for a State (as increased

4 under subsection (a)(3)) under subsection (a)(1)(B), or

5 the minimum allotment for a State under subsection

6 (a)(2)(B), as appropriate.’’.

7 SEC. 108. CLIENT INFORMATION.

8 Title I (29 U.S.C. 721 et seq.) is amended by adding

9 at the end the following:

10 ‘‘PART E—VOCATIONAL REHABILITATION SERVICES

11 CLIENT INFORMATION

12 ‘‘SEC. 140. REVIEW OF DATA COLLECTION AND REPORTING

13 SYSTEM.

14 ‘‘(a) REVIEW.—The Commissioner shall conduct a

15 comprehensive review of the current system for collecting

16 and reporting data on clients of programs carried out

17 under this Act, particularly data on clients of the pro18 grams carried out under this title.

19 ‘‘(b) CONSIDERATIONS.—

20 ‘‘(1) CURRENT DATA.—In conducting the re21 view, the Commissioner shall examine the kind,

22 quantity, and quality of the data that are currently

23 collected and reported, taking into consideration the

24 range of purposes that the data serve at the Federal,

25 State, and local levels.
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1 ‘‘(2) ADDITIONAL INFORMATION.—In conduct2 ing the review, the Commissioner shall examine the

3 feasibility of collecting and reporting under the sys4 tem information, if such information can be deter5 mined, with respect to each client participating in a

6 program under this Act, regarding—

7 ‘‘(A) other programs in which the client

8 participated during the 3 years before the date

9 on which the client applied to participate in a

10 program under this Act;

11 ‘‘(B) the number of jobs held, hours

12 worked, and earnings received by the client dur13 ing such 3 years;

14 ‘‘(C) the types of major and secondary dis15 abilities of the client;

16 ‘‘(D) the dates of the onset of the disabil17 ities;

18 ‘‘(E) the severity of the disabilities;

19 ‘‘(F) the source from which the client was

20 referred to a program under this Act;

21 ‘‘(G) the hours worked by the client;

22 ‘‘(H) the size and industry code of the

23 place of employment of the client at the time of

24 entry into such a program and at the termi25 nation of services under the program;
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1 ‘‘(I) the number of services provided to the

2 client under the programs and the cost of each

3 service;

4 ‘‘(J) the types of public support received

5 by the client;

6 ‘‘(K) the primary sources of economic sup7 port and amounts of public assistance received

8 by the client before and after receiving the serv9 ices;

10 ‘‘(L) whether the client is covered by

11 health insurance from any source and whether

12 health insurance is available through the em13 ployer of the client;

14 ‘‘(M) the supported employment status of

15 the client; and

16 ‘‘(N) the reasons for terminating the serv17 ices received by the client.

18 ‘‘(c) RECOMMENDATIONS.—Based on the review, the

19 Commissioner shall recommend improvements in the data

20 collection and reporting system.

21 ‘‘(d) VIEWS.—In developing the recommendations,

22 the Commissioner shall seek views of persons and entities

23 providing or using such data, including State agencies,

24 State Rehabilitation Advisory Councils, providers of voca25 tional rehabilitation services, professionals in the field of
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1 vocational rehabilitation, clients and organizations rep2 resenting clients, the National Council on Disability, other

3 Federal agencies, non-Federal researchers, other analysts

4 using the data, and other members of the public.

5 ‘‘(e) PUBLICATION AND SUBMISSION OF REPORT.—

6 Not later than 18 months after the date of the enactment

7 of the Rehabilitation Act Amendments of 1992 (Public

8 Law 102–569), the Commissioner shall publish the rec9 ommendations in the Federal Register and shall prepare

10 and submit a report containing the recommendations to

11 the appropriate committees of Congress. The Commis12 sioner shall not implement the recommendations earlier

13 than 90 days after the date on which the Commissioner

14 submits the report.

15 ‘‘SEC. 141. EXCHANGE OF DATA.

16 ‘‘(a) EXCHANGE.—The Secretary of Education and

17 the Secretary of Health and Human Services shall enter

18 into a memorandum of understanding for the purposes of

19 exchanging data of mutual importance—

20 ‘‘(1) that concern clients of State vocational re21 habilitation agencies; and

22 ‘‘(2) that are data maintained either by—

23 ‘‘(A) the Rehabilitation Services Adminis24 tration, as required by section 13; or
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1 ‘‘(B) the Social Security Administration,

2 from its Summary Earnings and Records and

3 Master Beneficiary Records.

4 ‘‘(b) TREATMENT OF INFORMATION.—For purposes

5 of the exchange, the data described in subsection (a)(2)(B)

6 shall not be considered return information (as defined in

7 section 6103(b)(2) of the Internal Revenue Code of 1986)

8 and, as appropriate, the confidentiality of all client infor9 mation shall be maintained by both agencies.’’.

10 SEC. 109. RESEARCH AND TRAINING.

11 (a) NATIONAL INSTITUTE ON DISABILITY AND RE12 HABILITATION.—Section 202 (29 U.S.C. 761a) is amend13 ed—

14 (1) in subsection (b)—

15 (A) in paragraph (2)(D), by striking ‘‘the

16 individuals’’ and inserting ‘‘such individuals’’;

17 and

18 (B) in paragraph (4)(D), by striking ‘‘indi19 viduals’’ and inserting ‘‘individuals described in

20 subparagraph (C)’’;

21 (2) in the fourth sentence of subsection (c)(2),

22 by striking ‘‘In case of any vacancy in the office of

23 the Director, the’’ and inserting ‘‘The’’; and

24 (3) in subsection (g) in paragraph (3), by strik25 ing ‘‘and’’ at the end.
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1 (b) RESEARCH.—Section 204 (29 U.S.C. 762) is

2 amended—

3 (1) in subsection (a)—

4 (A) in the second sentence, by inserting ‘‘,

5 including projects addressing the needs de6 scribed in the State plans submitted under sec7 tion 101 or 704 by State agencies’’ before the

8 period at the end; and

9 (B) in the third sentence, by striking ‘‘, as

10 described in the State plans submitted by the

11 State agencies,’’; and

12 (2) in subsection (b)—

13 (A) in paragraph (2)(G)(i), by striking

14 ‘‘rehabilitation related’’ and inserting ‘‘rehabili15 tation-related’’;

16 (B) in paragraph (3)—

17 (i) in subparagraph (B)(iii)(I), by

18 striking ‘‘family centered’’ and inserting

19 ‘‘family-centered’’; and

20 (ii) in subparagraph (C)(i)—

21 (I) by striking ‘‘Assistance to In22 dividuals’’ and inserting ‘‘Assistance

23 for Individuals’’; and
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1 (II) by striking the comma after

2 ‘‘representatives of the individuals’’;

3 and

4 (C) in paragraph (4)(A), by moving clause

5 (iii) 2 ems to the right.

6 SEC. 110. TRAINING AND DEMONSTRATION PROJECTS.

7 (a) TRAINING.—Section 302 (29 U.S.C. 771a) is

8 amended—

9 (1) in subsection (d)—

10 (A) in the second sentence, by striking

11 ‘‘local employees, who are recruited from or re12 side in’’ and inserting ‘‘local residents, who are

13 recruited from’’; and

14 (B) by inserting after the second sentence

15 a new sentence to read as follows: ‘‘Entities re16 ceiving grants to carry out projects under this

17 subsection shall coordinate the activities carried

18 out through the projects with the activities of

19 State vocational rehabilitation agencies to pro20 mote the employment of the individuals trained

21 to be rehabilitation technicians.’’; and

22 (2) in subsection (h), to read as follows:

23 ‘‘(h) There are authorized to be appropriated to carry

24 out this section such sums as may be necessary for each

25 of the fiscal years 1993 through 1997.’’.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

2 310 (29 U.S.C. 777) is amended by striking ‘‘sections

3 311(d), 311(e),’’ and inserting ‘‘sections 311(c), 311(d),’’.

4 (c) SPECIAL DEMONSTRATION PROGRAMS.—Section

5 311 (29 U.S.C. 777a) is amended—

6 (1) in subsection (a)(1), by striking the comma

7 at the end and inserting a semicolon; and

8 (2) in subsection (c)(1)(B) by inserting ‘‘and’’

9 before ‘‘(iii)’’.

10 (d) SPECIAL RECREATIONAL PROGRAMS.—Section

11 316(a)(1) (29 U.S.C. 777f(a)(1)) is amended in the first

12 sentence, by striking ‘‘handicapped individuals’’ and in13 serting ‘‘individuals with disabilities’’.

14 SEC. 111. NATIONAL COUNCIL ON DISABILITY.

15 Section 403(a)(2) (29 U.S.C. 783(a)(2)) is amended

16 by striking ‘‘seven’’ and inserting ‘‘eight’’.

17 SEC. 112. RIGHTS AND ADVOCACY.

18 (a) EMPLOYMENT OF INDIVIDUALS WITH DISABIL19 ITIES.—Section 501(a) (29 U.S.C. 791(a)) is amended in

20 the first sentence, by inserting a comma after ‘‘Veterans

21 Affairs’’.

22 (b) ARCHITECTURAL AND TRANSPORTATION BAR23 RIERS COMPLIANCE BOARD.—Section 502(a)(5)(A) (29

24 U.S.C. 792(a)(5)(A)) is amended by striking ‘‘the daily

25 equivalent of the rate of pay for level 4 of the Senior Exec-
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1 utive Service Schedule under section 5382’’ and inserting

2 ‘‘the daily equivalent of the rate of pay for level IV of

3 the Executive Schedule under section 5315’’.

4 (c) RIGHTS AND ADVOCACY.—Section 509 (29

5 U.S.C. 794e) is amended—

6 (1) in subsection (a), by striking paragraph (1)

7 and inserting the following:

8 ‘‘(1) need services that are beyond the scope of

9 services authorized to be provided by the client as10 sistance program under section 112; and’’;

11 (2) by striking subsection (b) and inserting the

12 following:

13 ‘‘(b) APPROPRIATIONS LESS THAN $5,500,000.—For

14 any fiscal year in which the amount appropriated to carry

15 out this section is less than $5,500,000, the Commissioner

16 may make grants from such amount to eligible systems

17 within States to plan for, develop outreach strategies for,

18 and carry out protection and advocacy programs author19 ized under this section for individuals with disabilities who

20 meet the requirements of paragraphs (1) and (2) of sub21 section (a).’’;

22 (3) in subsection (c)—

23 (A) in paragraph (4)—
27

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1 (i) in subparagraph (A), by striking

2 ‘‘this subsection’’ and inserting ‘‘paragraph

3 (3)(B)’’; and

4 (ii) in subparagraph (B), by striking

5 ‘‘allotted’’ and inserting ‘‘allotted under

6 paragraph (3)(A)’’; and

7 (B) by striking paragraph (5) and insert8 ing the following:

9 ‘‘(5) ADJUSTMENT FOR INFLATION.—For any

10 fiscal year, beginning in fiscal year 1994, in which

11 the total amount appropriated to carry out this sec12 tion exceeds the total amount appropriated to carry

13 out this section for the preceding fiscal year by a

14 percentage greater than the most recent percentage

15 change in the Consumer Price Index For All Urban

16 Consumers published by the Secretary of Labor

17 under section 100(c)(1), the Commissioner shall in18 crease the minimum allotment under paragraphs

19 (3)(B) and (4)(B) by such percentage change in the

20 Consumer Price Index For All Urban Consumers.’’;

21 (4) by striking subsection (d) and inserting the

22 following:

23 ‘‘(d) PROPORTIONAL REDUCTION.—To provide mini24 mum allotments to systems within States (as increased

25 under subsection (c)(5)) under subsection (c)(3)(B), or to
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1 provide minimum allotments to systems within States (as

2 increased under subsection (c)(5)) under subsection

3 (c)(4)(B), the Commissioner shall proportionately reduce

4 the allotments of the remaining systems within States

5 under subsection (c)(3), with such adjustments as may be

6 necessary to prevent the allotment of any such remaining

7 system within a State from being reduced to less than the

8 minimum allotment for a system within a State (as in9 creased under subsection (c)(5)) under subsection

10 (c)(3)(B), or the minimum allotment for a State (as in11 creased under subsection (c)(5)) under subsection

12 (c)(4)(B), as appropriate.’’;

13 (5) by redesignating subsection (i) as subsection

14 (n);

15 (6) in subsection (i), to read as follows:

16 ‘‘(i) Notwithstanding subsection (n), a protection and

17 advocacy system that—

18 ‘‘(1) received funds for fiscal year 1992, under

19 section 731 of this Act, as in effect on the day be20 fore the date of enactment of the Rehabilitation Act

21 Amendments of 1992, to carry out a project; and

22 ‘‘(2) receives a continuation award for such

23 project for fiscal year 1993,

24 shall not be eligible to receive additional funds under this

25 section for fiscal year 1993.’’; and
29

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1 (7) by striking subsection (j) and inserting the

2 following:

3 ‘‘(j) ADMINISTRATIVE COST.—In any State in which

4 an eligible system is located within a State agency, a State

5 may use a portion of any allotment under subsection (c)

6 for the cost of the administration of the system required

7 by this section. Such portion may not exceed 5 percent

8 of the allotment.’’.

9 SEC. 113. AVAILABILITY OF SERVICES.

10 Section 633 (29 U.S.C. 795l) is amended by striking

11 ‘‘subsection (c) or (f)’’ and inserting ‘‘subsection (b) or

12 (c)’’.

13 SEC. 114. INDEPENDENT LIVING SERVICES AND CENTERS

14 FOR INDEPENDENT LIVING.

15 (a) PURPOSE.—Section 701(3) (29 U.S.C. 796(3)) is

16 amended by striking ‘‘other Federal programs’’ and in17 serting ‘‘other Federal law’’.

18 (b) STATE PLAN.—Section 704(c)(2) (29 U.S.C.

19 796c(c)(2)) is amended by striking ‘‘programs under parts

20 B and C’’ and inserting ‘‘a program under part B, and

21 a program under part C in a case in which the program

22 is administered by the State under section 723’’.

23 (c) STATEWIDE INDEPENDENT LIVING COUNCIL.—

24 Section 705 (29 U.S.C. 795d) is amended—
30

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1 (1) in the second sentence of subsection (a), by

2 striking ‘‘another’’ and inserting ‘‘a’’;

3 (2) in subsection (b)—

4 (A) by striking paragraph (4) and insert5 ing the following:

6 ‘‘(4) QUALIFICATIONS.—

7 ‘‘(A) IN GENERAL.—The Council shall be

8 composed of members—

9 ‘‘(i) who provide statewide representa10 tion;

11 ‘‘(ii) who represent a broad range of

12 individuals with disabilities;

13 ‘‘(iii) who are knowledgeable about

14 centers for independent living and inde15 pendent living services; and

16 ‘‘(iv) a majority of whom are persons

17 who are—

18 ‘‘(I) individuals with disabilities

19 described in section 7(8)(B); and

20 ‘‘(II) not employed by any State

21 agency or center for independent liv22 ing.

23 ‘‘(B) VOTING MEMBERS.—A majority of

24 the voting members of the Council shall be—
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1 ‘‘(i) individuals with disabilities de2 scribed in section 7(8)(B); and

3 ‘‘(ii) not employed by any State agen4 cy or center for independent living.’’; and

5 (B) in paragraph (5)—

6 (i) in subparagraph (A), by inserting

7 ‘‘voting’’ before ‘‘membership’’; and

8 (ii) in subparagraph (B), by inserting

9 ‘‘voting’’ before ‘‘member’’ each place the

10 term appears; and

11 (3) in subsection (c)(1)—

12 (A) by striking ‘‘submit’’ and inserting

13 ‘‘sign’’; and

14 (B) by striking ‘‘designated State agency’’

15 and inserting ‘‘designated State unit’’.

16 (d) RESPONSIBILITIES OF THE COMMISSIONER.—

17 Section 706(c)(1) (29 U.S.C. 796d–1(c)(1)) is amended—

18 (1) in the first sentence, by striking ‘‘part C’’

19 and inserting ‘‘section 722’’;

20 (2) by inserting after the second sentence the

21 following: ‘‘The Commissioner shall annually conduct

22 onsite compliance reviews of at least one-third of the

23 designated State units that receive funding under

24 section 723, and, to the extent necessary to deter25 mine the compliance of such a State unit with sub-
32

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1 sections (f) and (g) of section 723, centers that re2 ceive funding under section 723 in such State.’’; and

3 (3) in the last sentence, by inserting ‘‘and such

4 State units’’ after ‘‘select such centers’’.

5 (e) INDEPENDENT LIVING SERVICES ALLOT6 MENTS.—Section 711 (29 U.S.C. 796e) is amended—

7 (1) in subsection (a)—

8 (A) in paragraph (2)—

9 (i) in subparagraph (A), by striking

10 ‘‘this subsection’’ and inserting ‘‘paragraph

11 (1)(C)’’; and

12 (ii) in subparagraph (B), by striking

13 ‘‘allotted’’ and inserting ‘‘allotted under

14 paragraph (1)(A)’’; and

15 (B) by striking paragraph (3) and insert16 ing the following:

17 ‘‘(3) ADJUSTMENT FOR INFLATION.—For any

18 fiscal year, beginning in fiscal year 1994, in which

19 the total amount appropriated to carry out this part

20 exceeds the total amount appropriated to carry out

21 this part for the preceding fiscal year by a percent22 age greater than the most recent percentage change

23 in the Consumer Price Index For All Urban Con24 sumers published by the Secretary of Labor under

25 section 100(c)(1), the Commissioner shall increase
33

•S 1295 CPS

1 the minimum allotment under paragraph (1)(C) by

2 such percentage change in the Consumer Price

3 Index For All Urban Consumers.’’; and

4 (2) by striking subsection (b) and inserting a

5 new subsection (b) to read as follows:

6 ‘‘(b) PROPORTIONAL REDUCTION.—To provide allot7 ments to States in accordance with subsection (a)(1)(B),

8 to provide minimum allotments to States (as increased

9 under subsection (a)(3)) under subsection (a)(1)(C), or to

10 provide minimum allotments to States under subsection

11 (a)(2)(B), the Commissioner shall proportionately reduce

12 the allotments of the remaining States under subsection

13 (a)(1)(A), with such adjustments as may be necessary to

14 prevent the allotment of any such remaining State from

15 being reduced to less than the amount required by sub16 section (a)(1)(B).’’.

17 (f) PAYMENTS TO STATES FROM ALLOTMENTS.—

18 Section 712(b) (29 U.S.C. 796e–1(b)) is amended by

19 striking paragraph (3).

20 (g) AUTHORIZED USES OF FUNDS.—Section 713(3)

21 (29 U.S.C. 796e–2(3)) is amended by inserting ‘‘that are

22 in compliance with the standards and assurances set forth

23 in subsections (b) and (c) of section 725’’ after ‘‘living’’.

24 (h) CENTERS FOR INDEPENDENT LIVING.—Section

25 721 (29 U.S.C. 796f) is amended—
34

•S 1295 CPS

1 (1) in subsection (b)(1)—

2 (A) by inserting ‘‘to eligible agencies, cen3 ters for independent living, and Statewide Inde4 pendent Living Councils’’ after ‘‘assistance’’;

5 and

6 (B) by striking ‘‘of such funds’’ and insert7 ing ‘‘of the funds appropriated to carry out this

8 part for the fiscal year involved’’;

9 (2) in subsection (c)—

10 (A) in paragraph (1)—

11 (i) by striking ‘‘Except as provided in

12 subparagraphs (B) and (C) and after’’ and

13 inserting ‘‘After’’; and

14 (ii) by inserting ‘‘, and except as pro15 vided in subparagraphs (B) and (C),’’ after

16 ‘‘made’’;

17 (B) in paragraph (2)—

18 (i) in subparagraph (A), by striking

19 ‘‘this subsection’’ and inserting ‘‘paragraph

20 (1)(C)’’; and

21 (ii) in subparagraph (B), by striking

22 ‘‘allotted’’ and inserting ‘‘allotted under

23 paragraph (1)(A)’’; and

24 (C) by adding a new paragraph (4) to read

25 as follows:
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1 ‘‘(4) PROPORTIONAL REDUCTION.—To provide

2 allotments to States in accordance with paragraph

3 (1)(B), to provide minimum allotments to States (as

4 increased under paragraph (3)) under paragraph

5 (1)(C), or to provide minimum allotments to States

6 under paragraph (2)(B), the Commissioner shall

7 proportionately reduce the allotments of the remain8 ing States under paragraph (1)(A), with such ad9 justments as may be necessary to prevent the allot10 ment of any such remaining State from being re11 duced to less than the amount required by para12 graph (1)(B).’’; and

13 (3) in subsection (e)—

14 (A) in paragraph (1)(A), by striking ‘‘,

15 whichever is greater,’’; and

16 (B) in paragraph (2)(B)—

17 (i) in the first sentence of clause (i)—

18 (I) by striking ‘‘Private nonprofit

19 agencies’’ and inserting ‘‘Entities’’;

20 (II) by striking ‘‘if the agencies

21 submit’’ and inserting ‘‘if the entities

22 submit’’; and

23 (III) by striking ‘‘agencies will

24 meet the standards described in sec25 tion 725(b) and’’ and inserting ‘‘enti-
36

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1 ties will be private nonprofit agencies

2 that meet the standards described in

3 section 725(b), and’’; and

4 (ii) by adding a new clause (iii) to

5 read as follows:

6 ‘‘(iii) FUNDING METHOD.—In making

7 awards under this subsection, the Sec8 retary shall distribute funds in accordance

9 with paragraphs (1), (2), and (4) of sub10 section (c), and subsection (d).’’.

11 (i) GRANTS BY COMMISSIONER.—Section 722 (29

12 U.S.C. 796f–1) is amended—

13 (1) in subsection (c), by striking ‘‘is receiving

14 funds under this part on’’ and inserting ‘‘has been

15 awarded a grant under this part by’’;

16 (2) in subsection (d)(1), by inserting ‘‘propos17 ing to serve such region’’ after ‘‘qualified applicant’’;

18 (3) by redesignating subsection (f) as sub19 section (g); and

20 (4) by inserting after subsection (e) the follow21 ing:

22 ‘‘(f) NONRESIDENTIAL AGENCIES.—A center that

23 provides or manages residential housing after October 1,

24 1994, shall not be considered to be an eligible agency

25 under this section.’’.
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1 (j) GRANTS BY DESIGNATED STATE UNIT.—Section

2 723 (29 U.S.C. 796f–2) is amended—

3 (1) in subsection (a)—

4 (A) in paragraph (1)(A)(iii), by inserting

5 before the period at the end the following: ‘‘,

6 making such adjustments as may be necessary

7 to accommodate State funding cycles such as 2-

8 year funding cycles or State fiscal years that do

9 not coincide with the Federal fiscal year’’; and

10 (B) in paragraph (3), by inserting ‘‘eligible

11 agencies in’’ before ‘‘the State in accordance’’;

12 (2) in subsection (c), by striking ‘‘is receiving

13 funds under this part on’’ and inserting ‘‘has been

14 awarded a grant under this part by’’;

15 (3) by redesignating subsections (f), (g), and

16 (h) as subsections (g), (h), and (i), respectively;

17 (4) by inserting after subsection (e) the follow18 ing:

19 ‘‘(f) NONRESIDENTIAL AGENCIES.—A center that

20 provides or manages residential housing after October 1,

21 1994, shall not be considered to be an eligible agency

22 under this section.’’;

23 (5) in subsection (g) (as redesignated by para24 graph (3) of this subsection), in paragraph (2)(B),
38

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1 by striking ‘‘(h)’’ each place the term appears and

2 inserting ‘‘(i)’’; and

3 (6) in subsection (h) (as redesignated by para4 graph (3) of this subsection), by striking the first

5 sentence and inserting the following: ‘‘The director

6 of the designated State unit shall annually conduct

7 onsite compliance reviews of at least 15 percent of

8 the centers for independent living that receive fund9 ing under this section in the State.’’.

10 (k) CENTERS OPERATED BY STATE AGENCIES.—

11 Section 724(b)(1)(A) (29 U.S.C. 796f–3(b)(1)(A)) is

12 amended by striking ‘‘fiscal year 1993’’ and inserting ‘‘the

13 fiscal year’’.

14 (l) STANDARDS AND ASSURANCES.—Section

15 725(b)(2) (29 U.S.C. 796f–4(b)(2)) is amended—

16 (1) in the second sentence—

17 (A) by inserting ‘‘severe’’ before ‘‘disabil18 ities who are members of’’; and

19 (B) by striking ‘‘Act’’ and inserting

20 ‘‘title’’; and

21 (2) in the third sentence, by inserting ‘‘shall be

22 determined by the center, and’’ before ‘‘shall not be

23 based’’.

24 (m) PROGRAMS OF GRANTS.—Section 752 (29

25 U.S.C. 796k) is amended—
39

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1 (1) in subsection (a)(2), by striking ‘‘UNIT’’ and

2 inserting ‘‘AGENCY’’;

3 (2) in subsection (b), to read as follows:

4 ‘‘(b) CONTINGENT COMPETITIVE GRANTS.—Begin5 ning with fiscal year 1993, in the case of any fiscal year

6 for which the amount appropriated under section 753 is

7 less than $13,000,000, grants made under subsection (a)

8 shall be—

9 ‘‘(1) discretionary grants made on a competitive

10 basis to States; or

11 ‘‘(2) grants made on a noncompetitive basis to

12 pay for the continuation costs of activities for which

13 a grant was awarded—

14 ‘‘(A) under this chapter; or

15 ‘‘(B) under part C, as in effect on the day

16 before the date of enactment of the Rehabilita17 tion Act Amendments of 1992.’’; and

18 (3) in subsection (j)—

19 (A) by striking ‘‘and’’ at the end of para20 graph (1)(A) and inserting ‘‘or’’; and

21 (B) by striking ‘‘and’’ at the end of para22 graph (2)(A)(i) and inserting ‘‘or’’.

23 SEC. 115. TABLE OF CONTENTS.

24 The table of contents (Public Law 93–112; 87 Stat.

25 356) is amended—
40

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1 (1) by adding after the items relating to title I

2 the following:

‘‘PART E—VOCATIONAL REHABILITATION SERVICES CLIENT INFORMATION

‘‘Sec. 140. Review of data collection and reporting system.

‘‘Sec. 141. Exchange of data.’’;

3 and

4 (2) by striking the item relating to part B of

5 title III and inserting the following:

‘‘PART B—SPECIAL PROJECTS AND SUPPLEMENTARY SERVICES’’.

6 TITLE II—EDUCATION OF THE

7 DEAF ACT OF 1986

8 SEC. 201. SHORT TITLE; REFERENCES.

9 (a) SHORT TITLE.—This title may be cited as the

10 ‘‘Education of the Deaf Act Amendments of 1993’’.

11 (b) REFERENCES.—Except as otherwise expressly

12 provided, whenever in this title an amendment or repeal

13 is expressed in terms of an amendment to, or repeal of,

14 a section or other provision, the reference shall be consid15 ered to be made to a section or other provision of the Edu16 cation of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.).

17 SEC. 202. GENERAL AMENDMENT.

18 The Act (20 U.S.C. 4301 et seq.) is amended by

19 striking ‘‘the Institute’’ each place that such appears and

20 inserting ‘‘NTID’’.
41

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1 SEC. 203. AMENDMENTS TO TITLE I.

2 (a) SECTION 101.—Section 101(a) (20 U.S.C.

3 4301(a)) is amended by inserting a comma after ‘‘Here4 after’’.

5 (b) SECTION 102.—Section 102(b) (20 U.S.C.

6 4302(b)) is amended—

7 (1) in paragraph (1), by striking ‘‘of Edu8 cation’’; and

9 (2) in paragraph (2), by striking ‘‘but if in10 vested’’ and inserting ‘‘but, if invested,’’.

11 (c) SECTION 103.—Section 103 (20 U.S.C. 4303) is

12 amended—

13 (1) in subsection (a)—

14 (A) by striking ‘‘members selected as fol15 lows:’’ in paragraph (1) and inserting ‘‘mem16 bers who shall include—’’;

17 (B) by inserting a comma after ‘‘Associa18 tion’’ in paragraph (1)(B);

19 (C) by redesignating paragraph (2) as

20 paragraph (3); and

21 (D) by redesignating the second sentence

22 of paragraph (1) as paragraph (2); and

23 (2) in subsection (b)—

24 (A) by inserting a comma after ‘‘facili25 ties)’’ in paragraph (1);

26 (B) in paragraph (4)—
42

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1 (i) by striking ‘‘or individuals who

2 are’’ and inserting ‘‘or’’; and

3 (ii) by striking the period at the end

4 thereof and inserting in lieu thereof a

5 semicolon; and

6 (C) by striking out ‘‘the provisions of’’ in

7 paragraph (8).

8 (d) SECTION 104.—Section 104 (20 U.S.C. 4304) is

9 amended—

10 (1) in the section heading, by striking ‘‘EDU11 CATIONAL’’ and inserting ‘‘EDUCATION’’;

12 (2) in subsection (a)(1)—

13 (A) by striking ‘‘elementary and secondary

14 programs’’ each place that such appears and in15 serting ‘‘elementary and secondary education

16 programs’’;

17 (B) by striking ‘‘and individuals who are’’

18 in subparagraph (A) and inserting ‘‘or’’;

19 (C) by striking ‘‘non-English speaking’’ in

20 subparagraph (B) and inserting ‘‘non-English21 speaking’’; and

22 (D) in subparagraph (C)—

23 (i) by striking ‘‘individuals’’ each

24 place that such appears and inserting ‘‘stu25 dents’’;
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1 (ii) in clause (i), by striking ‘‘deaf,’’

2 and inserting ‘‘deaf from the age of onset

3 of deafness to age fifteen, inclusive, but

4 not beyond the eighth grade or its equiva5 lent,’’; and

6 (iii) in clause (ii), by striking ‘‘deaf,’’

7 and inserting ‘‘deaf from grades nine

8 through twelve, inclusive,’’;

9 (3) in subsection (b)(1)—

10 (A) by striking ‘‘infants and children’’ in

11 subparagraph (A) and inserting ‘‘infants, chil12 dren, and youth’’; and

13 (B) by striking the semicolon at the end of

14 subparagraph (C) and inserting a period; and

15 (4) in subsection (b)(4)—

16 (A) by striking ‘‘programs’’ in subpara17 graph (A) and inserting ‘‘program’’;

18 (B) by striking ‘‘students to and from

19 those programs’’ in subparagraph (B) and in20 serting ‘‘the child to and from that program’’;

21 and

22 (C) by striking ‘‘decisions’’ in subpara23 graph (C)(iii) and inserting ‘‘a decision’’.

24 (e) SECTION 105.—Section 105(b) (20 U.S.C.

25 4305(b)) is amended—
44

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1 (1) in paragraph (2), by striking ‘‘shall’’ and

2 inserting ‘‘will’’; and

3 (2) in paragraph (4)—

4 (A) by striking ‘‘Elementary School and

5 the Model’’ and inserting ‘‘Elementary School

6 or the Model’’; and

7 (B) by striking ‘‘and the Secretary’’ and

8 inserting ‘‘except that the Secretary’’.

9 (f) SECTION 111.—Section 111 (20 U.S.C. 4311) is

10 amended by striking ‘‘title’’ and inserting ‘‘part’’.

11 (g) SECTION 112.—Section 112 (20 U.S.C. 4312) is

12 amended—

13 (1) in the section heading by striking ‘‘INSTI14 TUTE’’ and inserting in lieu thereof ‘‘NATIONAL

15 TECHNICAL INSTITUTE FOR THE DEAF’’;

16 (2) in subsection (a)—

17 (A) by striking ‘‘Act’’ in paragraph (1)

18 and inserting ‘‘part’’; and

19 (B) by striking the first two commas in

20 paragraph (2);

21 (3) in subsection (b)—

22 (A) in paragraph (3)—

23 (i) by striking ‘‘Secretary an annual

24 report, including’’ and inserting ‘‘Sec25 retary, not later than June 1 following the
45

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1 fiscal year for which the report is submit2 ted, an annual report containing’’;

3 (ii) by striking ‘‘which report’’ and in4 serting ‘‘which accounting’’; and

5 (iii) by striking the comma after

6 ‘‘Representatives’’;

7 (B) by striking ‘‘and’’ at the end of para8 graph (4);

9 (C) in paragraph (5)—

10 (i) by striking ‘‘and the Secretary’’

11 and inserting ‘‘except that the Secretary’’;

12 and

13 (ii) by striking the period at the end

14 thereof and inserting a semicolon and

15 ‘‘and’’; and

16 (D) by striking ‘‘or individuals who are’’ in

17 paragraph (6) and inserting ‘‘or’’; and

18 (4) in subsection (c), by inserting a comma

19 after ‘‘If’’.

20 SEC. 204. AMENDMENTS TO TITLE II.

21 (a) SECTION 201.—Section 201 (20 U.S.C. 4351) is

22 amended—

23 (1) in paragraph (1)(B), by striking ‘‘United

24 States; or’’ and inserting ‘‘United States; and’’; and

25 (2) by striking paragraphs (3) and (5); and
46

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1 (3) by redesignating paragraphs (4), (6), (7),

2 (8), and (9) as paragraphs (3), (4), (5), (6), and

3 (7), respectively.’’.

4 (b) SECTION 203.—Subsection (b) of section 203 (20

5 U.S.C. 4353(b)) is amended to read as follows:

6 ‘‘(b) INDEPENDENT AUDIT.—Gallaudet University

7 shall have an annual independent financial audit made of

8 the programs and activities of the University. The institu9 tion of higher education with which the Secretary has an

10 agreement under section 112 shall have an annual inde11 pendent financial audit made of the programs and activi12 ties of such institution of higher education, including

13 NTID, and containing specific schedules and analyses for

14 all NTID funds, as determined by the Secretary.

15 (c) SECTION 204.—Section 204 (20 U.S.C. 4354) is

16 amended—

17 (1) in paragraph (1), by striking ‘‘first time’’

18 and inserting ‘‘first-time’’;

19 (2) in paragraph (2)(G)—

20 (A) by striking ‘‘Individualized Education

21 Programs’’ and inserting ‘‘individualized edu22 cation programs’’; and

23 (B) by inserting ‘‘or hard of hearing’’ after

24 ‘‘children who are deaf’’;

25 (3) in paragraph (3), to read as follows:
47

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1 ‘‘(3)(A) The annual audited financial state2 ments and auditor’s report of the University, as re3 quired under section 203, and (B) the annual au4 dited financial statements and auditor’s report of

5 the institution of higher education with which the

6 Secretary has an agreement under section 112, in7 cluding specific schedules and analyses for all NTID

8 funds, as required under section 203, and such sup9 plementary schedules presenting financial informa10 tion for NTID for the end of the Federal fiscal year

11 as determined by the Secretary.’’; and

12 (4) in paragraph (6), by striking ‘‘Program is’’

13 and inserting ‘‘Program funds are’’.

14 (d) SECTION 205.—Section 205(a) (20 U.S.C.

15 4355(a)) is amended—

16 (1) by inserting ‘‘or hard of hearing’’ after ‘‘in17 dividuals who are deaf’’; and

18 (2) by striking ‘‘the provisions of’’.

19 (e) SECTION 206.—Section 206(b) (20 U.S.C.

20 4356(b)) is amended by inserting ‘‘or hard of hearing’’

21 after ‘‘individuals who are deaf’’.

22 (f) SECTION 207.—Section 207 (20 U.S.C. 4357) is

23 amended—
48

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1 (1) in subsection (c)(3), by striking ‘‘Advisory

2 Board of NTID’’ and inserting ‘‘advisory group es3 tablished under section 112’’;

4 (2) in subsection (e), by striking ‘‘investment

5 limitations and’’ and inserting ‘‘investment limita6 tions or’’; and

7 (3) in subsection (i), by striking ‘‘the provisions

8 of the Education of the Deaf Act of 1986’’ and in9 serting ‘‘this Act as enacted on August 4, 1986’’.

10 (g) SECTION 209.—Section 209 (20 U.S.C. 4359) is

11 amended—

12 (1) in subsection (a), by striking ‘‘title II’’ and

13 inserting ‘‘part B of title I’’; and

14 (2) in subsection (b), by striking ‘‘the provi15 sions of’’.

16 (h) SECTION 210.—Section 210 (20 U.S.C. 4360) is

17 amended—

18 (1) in subsection (b), by striking ‘‘75 percent

19 beginning the academic year 1993–1994, and 90

20 percent beginning the academic year 1994–1995’’

21 and inserting ‘‘75 percent for the academic year

22 1993–1994 and 90 percent beginning with the aca23 demic year 1994–1995’’; and

24 (2) in subsection (c)—
49

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1 (A) by striking ‘‘Beginning the academic

2 year 1993–1994 and thereafter’’ and inserting

3 ‘‘Beginning with the academic year 1993–

4 1994’’; and

5 (B) by redesignating subparagraphs (A),

6 (B), and (C) as paragraphs (1), (2), and (3),

7 respectively.

8 (i) SECTION 211.—Section 211(a) (20 U.S.C.

9 4361(a)) is amended by redesignating subparagraphs (A),

10 (B), and (C) as paragraphs (1), (2), and (3), respectively.

11 TITLE III—OTHER ACTS

12 SEC. 301. COMMITTEE FOR PURCHASE FROM PEOPLE WHO

13 ARE BLIND OR SEVERELY DISABLED.

14 Section 1 of the Act entitled ‘‘An Act to Create a

15 Committee on Purchases of Blind-made Products, and for

16 other purposes’’, approved June 25, 1938 (commonly

17 known as the Wagner-O’Day Act; 41 U.S.C. 46) is amend18 ed by striking ‘‘From People Who Are Blind and Severely

19 Disabled’’ and inserting ‘‘From People Who Are Blind or

20 Severely Disabled’’.

21 SEC. 302. INDIVIDUALS WITH DISABILITIES EDUCATION

22 ACT.

23 Section 631(a) of the Individuals with Disabilities

24 Education Act (20 U.S.C. 1431(a)) is amended by redes25 ignating the second paragraph (8), as added by section
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1 912(a) of the Rehabilitation Act Amendments of 1992

2 (Public Law 102–569), as paragraph (9).

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