II

105TH CONGRESS

2D SESSION S. 1579

To amend the Rehabilitation Act of 1973 to extend the authorizations of

appropriations for such Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 28, 1998

Mr. DEWINE (for himself, Mr. JEFFORDS, Mr. KENNEDY, Mr. WELLSTONE,

Mr. HARKIN, Mr. FRIST, Ms. COLLINS, Mr. DODD, Mr. REED, Mr.

CHAFEE, and Mr. BINGAMAN) introduced the following bill; which was

read twice and referred to the Committee on Labor and Human Resources

A BILL

To amend the Rehabilitation Act of 1973 to extend the

authorizations of appropriations for such 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 1998’’.

6 SEC. 2. TITLE.

7 The title of the Rehabilitation Act of 1973 is amend8 ed by striking ‘‘to establish special responsibilities’’ and
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1 all that follows and inserting the following: ‘‘to create link2 age between State vocational rehabilitation programs and

3 workforce investment activities carried out under the

4 Workforce Investment Partnership Act of 1998, to estab5 lish special responsibilities for the Secretary of Education

6 for coordination of all activities with respect to individuals

7 with disabilities within and across programs administered

8 by the Federal Government, and for other purposes.’’.

9 SEC. 3. GENERAL PROVISIONS.

10 The Rehabilitation Act of 1973 is amended by strik11 ing the matter preceding title I and inserting the follow12 ing:

‘‘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 rehabilitation employment plan.

‘‘Sec. 103. Vocational rehabilitation services.

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

‘‘Sec. 105. State Rehabilitation Council.
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‘‘Sec. 106. Evaluation standards and performance indicators.

‘‘Sec. 107. Monitoring and review.

‘‘Sec. 108. Expenditure of certain amounts.

‘‘Sec. 109. Training of employers with respect to Americans with Disabilities

Act of 1990.

‘‘PART B—BASIC VOCATIONAL REHABILITATION SERVICES

‘‘Sec. 110. State allotments.

‘‘Sec. 111. Payments to States.

‘‘Sec. 112. Client assistance program.

‘‘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 and Rehabilitation Research.

‘‘Sec. 203. Interagency Committee.

‘‘Sec. 204. Research and other covered activities.

‘‘Sec. 205. Rehabilitation Research Advisory Council.

‘‘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. Special demonstration program.

‘‘Sec. 304. Migrant and seasonal farmworkers.

‘‘Sec. 305. Recreational programs.

‘‘Sec. 306. 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.
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‘‘Sec. 508. Electronic and information technology regulations.

‘‘Sec. 509. Protection and advocacy of individual rights.

‘‘TITLE VI—EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS

WITH DISABILITIES

‘‘Sec. 601. Short title.

‘‘PART A—PROJECTS IN TELECOMMUTING AND SELF-EMPLOYMENT FOR

INDIVIDUALS WITH DISABILITIES

‘‘Sec. 611. Findings, policies, and purposes.

‘‘Sec. 612. Projects in telecommuting for individuals with disabilities.

‘‘Sec. 613. Projects in self-employment for individuals with disabilities.

‘‘Sec. 614. Discretionary authority for dual-purpose applications.

‘‘Sec. 615. Authorization of appropriations.

‘‘PART B—PROJECTS WITH INDUSTRY

‘‘Sec. 621. Projects with industry.

‘‘Sec. 622. Authorization of appropriations.

‘‘PART C—SUPPORTED EMPLOYMENT SERVICES FOR INDIVIDUALS WITH

SIGNIFICANT DISABILITIES

‘‘Sec. 631. Purpose.

‘‘Sec. 632. Allotments.

‘‘Sec. 633. Availability of services.

‘‘Sec. 634. Eligibility.

‘‘Sec. 635. State plan.

‘‘Sec. 636. Restriction.

‘‘Sec. 637. Savings provision.

‘‘Sec. 638. 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. 702. Definitions.

‘‘Sec. 703. Eligibility for receipt of services.

‘‘Sec. 704. State plan.

‘‘Sec. 705. Statewide Independent Living Council.

‘‘Sec. 706. Responsibilities of the Commissioner.

‘‘PART B—INDEPENDENT LIVING SERVICES

‘‘Sec. 711. Allotments.

‘‘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.
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‘‘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. 752. Program of grants.

‘‘Sec. 753. Authorization of appropriations.

1 ‘‘FINDINGS; PURPOSE; POLICY

2 ‘‘SEC. 2. (a) FINDINGS.—Congress finds that—

3 ‘‘(1) millions of Americans have one or more

4 physical or mental disabilities and the number of

5 Americans with such disabilities is increasing;

6 ‘‘(2) individuals with disabilities constitute one

7 of the most disadvantaged groups in society;

8 ‘‘(3) disability is a natural part of the human

9 experience and in no way diminishes the right of in10 dividuals to—

11 ‘‘(A) live independently;

12 ‘‘(B) enjoy self-determination;

13 ‘‘(C) make choices;

14 ‘‘(D) contribute to society;

15 ‘‘(E) pursue meaningful careers; and

16 ‘‘(F) enjoy full inclusion and integration in

17 the economic, political, social, cultural, and edu18 cational mainstream of American society;
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1 ‘‘(4) increased employment of individuals with

2 disabilities can be achieved through implementation

3 of statewide activities carried out under the Work4 force Investment Partnership Act of 1998 that pro5 vide meaningful and effective participation for indi6 viduals with disabilities in workforce investment ac7 tivities and activities carried out under the voca8 tional rehabilitation program established under title

9 I, and through the provision of independent living

10 services, support services, and meaningful opportuni11 ties for employment in integrated work settings

12 through the provision of reasonable accommodations;

13 ‘‘(5) individuals with disabilities continually en14 counter various forms of discrimination in such criti15 cal areas as employment, housing, public accom16 modations, education, transportation, communica17 tion, recreation, institutionalization, health services,

18 voting, and public services; and

19 ‘‘(6) the goals of the Nation properly include

20 the goal of providing individuals with disabilities

21 with the tools necessary to—

22 ‘‘(A) make informed choices and decisions;

23 and

24 ‘‘(B) achieve equality of opportunity, full

25 inclusion and integration in society, employ-
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1 ment, independent living, and economic and so2 cial self-sufficiency, for such individuals.

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

4 ‘‘(1) to empower individuals with disabilities to

5 maximize employment, economic self-sufficiency,

6 independence, and inclusion and integration into so7 ciety, through—

8 ‘‘(A) statewide activities carried out in ac9 cordance with the Workforce Investment Part10 nership Act of 1998 that include, as integral

11 components, comprehensive and coordinated

12 state-of-the-art programs of vocational rehabili13 tation;

14 ‘‘(B) independent living centers and serv15 ices;

16 ‘‘(C) research;

17 ‘‘(D) training;

18 ‘‘(E) demonstration projects; and

19 ‘‘(F) the guarantee of equal opportunity;

20 and

21 ‘‘(2) to ensure that the Federal Government

22 plays a leadership role in promoting the employment

23 of individuals with disabilities, especially individuals

24 with significant disabilities, and in assisting States

25 and providers of services in fulfilling the aspirations
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1 of such individuals with disabilities for meaningful

2 and gainful employment and independent living.

3 ‘‘(c) POLICY.—It is the policy of the United States

4 that all programs, projects, and activities receiving assist5 ance under this Act shall be carried out in a manner con6 sistent with the principles of—

7 ‘‘(1) respect for individual dignity, personal re8 sponsibility, self-determination, and pursuit of mean9 ingful careers, based on informed choice, of individ10 uals with disabilities;

11 ‘‘(2) respect for the privacy, rights, and equal

12 access (including the use of accessible formats), of

13 the individuals;

14 ‘‘(3) inclusion, integration, and full participa15 tion of the individuals;

16 ‘‘(4) support for the involvement of an individ17 ual’s representative if an individual with a disability

18 requests, desires, or needs such support; and

19 ‘‘(5) support for individual and systemic advo20 cacy and community involvement.

21 ‘‘REHABILITATION SERVICES ADMINISTRATION

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

23 Secretary a Rehabilitation Services Administration which

24 shall be headed by a Commissioner (hereinafter in this Act

25 referred to as the ‘Commissioner’) appointed by the Presi26 dent by and with the advice and consent of the Senate.
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1 Except for titles IV and V and part A of title VI and as

2 otherwise specifically provided in this Act, such Adminis3 tration shall be the principal agency, and the Commis4 sioner shall be the principal officer, of such Department

5 for carrying out this Act. The Commissioner shall be an

6 individual with substantial experience in rehabilitation and

7 in rehabilitation program management. In the perform8 ance of the functions of the office, the Commissioner shall

9 be directly responsible to the Secretary or to the Under

10 Secretary or an appropriate Assistant Secretary of such

11 Department, as designated by the Secretary. The func12 tions of the Commissioner shall not be delegated to any

13 officer not directly responsible, both with respect to pro14 gram operation and administration, to the Commissioner.

15 Any reference in this Act to duties to be carried out by

16 the Commissioner shall be considered to be a reference

17 to duties to be carried out by the Secretary acting through

18 the Commissioner. In carrying out any of the functions

19 of the office under this Act, the Commissioner shall be

20 guided by general policies of the National Council on Dis21 ability established under title IV of this Act.

22 ‘‘(b) The Secretary shall take whatever action is nec23 essary to insure that funds appropriated pursuant to this

24 Act, as well as unexpended appropriations for carrying out

25 the Vocational Rehabilitation Act (29 U.S.C. 31–42), are
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1 expended only for the programs, personnel, and adminis2 tration of programs carried out under this Act.

3 ‘‘(c) The Secretary shall take such action as nec4 essary to ensure that—

5 ‘‘(1) the staffing of the Rehabilitation Services

6 Administration shall be in sufficient numbers to

7 meet program needs and at levels which will attract

8 and maintain the most qualified personnel; and

9 ‘‘(2) such staff includes individuals who have

10 training and experience in the provision of rehabili11 tation services and that staff competencies meet pro12 fessional standards.

13 ‘‘ADVANCE FUNDING

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

15 notice of funding available under this Act, appropriations

16 under this Act are authorized to be included in the appro17 priation Act for the fiscal year preceding the fiscal year

18 for which they are available for obligation.

19 ‘‘(b) In order to effect a transition to the advance

20 funding method of timing appropriation action, the au21 thority provided by subsection (a) of this section shall

22 apply notwithstanding that its initial application will re23 sult in the enactment in the same year (whether in the

24 same appropriation Act or otherwise) of two separate ap25 propriations, one for the then current fiscal year and one

26 for the succeeding fiscal year.
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1 ‘‘JOINT FUNDING

2 ‘‘SEC. 5. Pursuant to regulations prescribed by the

3 President, and to the extent consistent with the other pro4 visions of this Act, where funds are provided for a single

5 project by more than one Federal agency to an agency

6 or organization assisted under this Act, the Federal agen7 cy principally involved may be designated to act for all

8 in administering the funds provided, and, in such cases,

9 a single non-Federal share requirement may be established

10 according to the proportion of funds advanced by each

11 agency. When the principal agency involved is the Reha12 bilitation Services Administration, it may waive any grant

13 or contract requirement (as defined by such regulations)

14 under or pursuant to any law other than this Act, which

15 requirement is inconsistent with the similar requirements

16 of the administering agency under or pursuant to this Act.

17 ‘‘SEC. 7. DEFINITIONS.

18 ‘‘For the purposes of this Act:

19 ‘‘(1) ADMINISTRATIVE COSTS.—The term ‘ad20 ministrative costs’ means expenditures incurred by

21 the designated State unit in the performance of ad22 ministrative functions under the vocational rehabili23 tation program carried out under title I, including

24 expenses related to program planning, development,

25 monitoring, and evaluation, including—
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1 ‘‘(A) expenses for—

2 ‘‘(i) quality assurance;

3 ‘‘(ii) budgeting, accounting, financial

4 management, information systems, and re5 lated data processing;

6 ‘‘(iii) provision of information about

7 the program to the public;

8 ‘‘(iv) technical assistance and related

9 support services to other State agencies,

10 private nonprofit organizations, and busi11 nesses and industries, except for technical

12 assistance and support services described

13 in section 103(b)(5);

14 ‘‘(v) the State Rehabilitation Council

15 and other entities that advise the des16 ignated State unit with regard to the pro17 vision of vocational rehabilitation services;

18 ‘‘(vi) removal of architectural barriers

19 in State vocational rehabilitation agency

20 offices and State operated rehabilitation

21 facilities;

22 ‘‘(vii) operation and maintenance of

23 designated State unit facilities, equipment,

24 and grounds;

25 ‘‘(viii) supplies; and
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1 ‘‘(ix)(I) administration of the com2 prehensive system of personnel develop3 ment described in section 101(a)(7), in4 cluding personnel administration, and ad5 ministration of affirmative action plans;

6 ‘‘(II) training and staff development;

7 and

8 ‘‘(III) administrative salaries, includ9 ing clerical and other support staff sala10 ries, in support of the administrative func11 tions;

12 ‘‘(B) travel costs related to carrying out

13 the program, other than travel costs related to

14 the provision of services;

15 ‘‘(C) costs incurred in conducting reviews

16 of rehabilitation counselor or coordinator deter17 minations; and

18 ‘‘(D) legal expenses required in the admin19 istration of the program.

20 ‘‘(2) ASSESSMENT FOR DETERMINING ELIGI21 BILITY AND VOCATIONAL REHABILITATION

22 NEEDS.—The term ‘assessment for determining eli23 gibility and vocational rehabilitation needs’ means,

24 as appropriate in each case—

25 ‘‘(A)(i) a review of existing data—
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1 ‘‘(I) to determine whether an individ2 ual is eligible for vocational rehabilitation

3 services; and

4 ‘‘(II) to assign priority for an order of

5 selection described in section 101(a)(5)(A)

6 in the States that use an order of selection

7 pursuant to section 101(a)(5)(A); and

8 ‘‘(ii) to the extent necessary, the provision

9 of appropriate assessment activities to obtain

10 necessary additional data to make such deter11 mination and assignment;

12 ‘‘(B) to the extent additional data is nec13 essary to make a determination of the employ14 ment outcomes, and the objectives, nature, and

15 scope of vocational rehabilitation services, to be

16 included in the individualized rehabilitation em17 ployment plan of an eligible individual, a com18 prehensive assessment to determine the unique

19 strengths, resources, priorities, concerns, abili20 ties, capabilities, interests, and informed choice,

21 including the need for supported employment,

22 of the eligible individual, which comprehensive

23 assessment—

24 ‘‘(i) is limited to information that is

25 necessary to identify the rehabilitation
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1 needs of the individual and to develop the

2 individualized rehabilitation employment

3 plan of the eligible individual;

4 ‘‘(ii) uses, as a primary source of such

5 information, to the maximum extent pos6 sible and appropriate and in accordance

7 with confidentiality requirements—

8 ‘‘(I) existing information ob9 tained for the purposes of determining

10 the eligibility of the individual and as11 signing priority for an order of selec12 tion described in section 101(a)(5)(A)

13 for the individual; and

14 ‘‘(II) such information as can be

15 provided by the individual and, where

16 appropriate, by the family of the indi17 vidual;

18 ‘‘(iii) may include, to the degree need19 ed to make such a determination, an as20 sessment of the personality, interests,

21 interpersonal skills, intelligence and related

22 functional capacities, educational achieve23 ments, work experience, vocational apti24 tudes, personal and social adjustments,

25 and employment opportunities of the indi-
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1 vidual, and the medical, psychiatric, psy2 chological, and other pertinent vocational,

3 educational, cultural, social, recreational,

4 and environmental factors, that affect the

5 employment and rehabilitation needs of the

6 individual; and

7 ‘‘(iv) may include, to the degree need8 ed, an appraisal of the patterns of work

9 behavior of the individual and services

10 needed for the individual to acquire occu11 pational skills, and to develop work atti12 tudes, work habits, work tolerance, and so13 cial and behavior patterns necessary for

14 successful job performance, including the

15 utilization of work in real job situations to

16 assess and develop the capacities of the in17 dividual to perform adequately in a work

18 environment;

19 ‘‘(C) referral, for the provision of rehabili20 tation technology services to the individual, to

21 assess and develop the capacities of the individ22 ual to perform in a work environment; and

23 ‘‘(D) an exploration of the individual’s

24 abilities, capabilities, and capacity to perform in

25 work situations, through the use of trial work
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1 experiences, including experiences in which the

2 individual is provided appropriate supports and

3 training.

4 ‘‘(3) ASSISTIVE TECHNOLOGY DEVICE.—The

5 term ‘assistive technology device’ has the meaning

6 given such term in section 3(2) of the Technology7 Related Assistance for Individuals With Disabilities

8 Act of 1988 (29 U.S.C. 2202(2)), except that the

9 reference in such section to the term ‘individuals

10 with disabilities’ shall be deemed to mean more than

11 one individual with a disability as defined in para12 graph (20)(A).

13 ‘‘(4) ASSISTIVE TECHNOLOGY SERVICE.—The

14 term ‘assistive technology service’ has the meaning

15 given such term in section 3(3) of the Technology16 Related Assistance for Individuals With Disabilities

17 Act of 1988 (29 U.S.C. 2202(3)), except that the

18 reference in such section—

19 ‘‘(A) to the term ‘individual with a disabil20 ity’ shall be deemed to mean an individual with

21 a disability, as defined in paragraph (20)(A);

22 and

23 ‘‘(B) to the term ‘individuals with disabil24 ities’ shall be deemed to mean more than one

25 such individual.
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1 ‘‘(5) COMMUNITY REHABILITATION PRO2 GRAM.—The term ‘community rehabilitation pro3 gram’ means a program that provides directly or fa4 cilitates the provision of vocational rehabilitation

5 services to individuals with disabilities, and that pro6 vides, singly or in combination, for an individual

7 with a disability to enable the individual to maximize

8 opportunities for employment, including career ad9 vancement—

10 ‘‘(A) medical, psychiatric, psychological,

11 social, and vocational services that are provided

12 under one management;

13 ‘‘(B) testing, fitting, or training in the use

14 of prosthetic and orthotic devices;

15 ‘‘(C) recreational therapy;

16 ‘‘(D) physical and occupational therapy;

17 ‘‘(E) speech, language, and hearing ther18 apy;

19 ‘‘(F) psychiatric, psychological, and social

20 services, including positive behavior manage21 ment;

22 ‘‘(G) assessment for determining eligibility

23 and vocational rehabilitation needs;

24 ‘‘(H) rehabilitation technology;
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1 ‘‘(I) job development, placement, and re2 tention services;

3 ‘‘(J) evaluation or control of specific dis4 abilities;

5 ‘‘(K) orientation and mobility services for

6 individuals who are blind;

7 ‘‘(L) extended employment;

8 ‘‘(M) psychosocial rehabilitation services;

9 ‘‘(N) supported employment services and

10 extended services;

11 ‘‘(O) services to family members when nec12 essary to the vocational rehabilitation of the in13 dividual;

14 ‘‘(P) personal assistance services; or

15 ‘‘(Q) services similar to the services de16 scribed in one of subparagraphs (A) through

17 (P).

18 ‘‘(6) CRIMINAL ACT.—The term ‘criminal act’

19 means any crime, including an act, omission, or pos20 session under the laws of the United States or a

21 State or unit of general local government, which

22 poses a substantial threat of personal injury, not23 withstanding that by reason of age, insanity, or in24 toxication or otherwise the person engaging in the
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1 act, omission, or possession was legally incapable of

2 committing a crime.

3 ‘‘(7) DESIGNATED STATE AGENCY.—The term

4 ‘designated State agency’ means an agency des5 ignated under section 101(a)(2)(A).

6 ‘‘(8) DESIGNATED STATE UNIT.—The term

7 ‘designated State unit’ means—

8 ‘‘(A) any State agency unit required under

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

10 ‘‘(B) in cases in which no such unit is so

11 required, the State agency described in section

12 101(a)(2)(B)(i).

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

14 means—

15 ‘‘(A) except as otherwise provided in sub16 paragraph (B), a physical or mental impair17 ment that constitutes or results in a substantial

18 impediment to employment; or

19 ‘‘(B) for purposes of sections 2, 14, and

20 15, and titles II, IV, V, and VII, a physical or

21 mental impairment that substantially limits one

22 or more major life activities.

23 ‘‘(10) DRUG AND ILLEGAL USE OF DRUGS.—

24 ‘‘(A) DRUG.—The term ‘drug’ means a

25 controlled substance, as defined in schedules I
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1 through V of section 202 of the Controlled Sub2 stances Act (21 U.S.C. 812).

3 ‘‘(B) ILLEGAL USE OF DRUGS.—The term

4 ‘illegal use of drugs’ means the use of drugs,

5 the possession or distribution of which is unlaw6 ful under the Controlled Substances Act. Such

7 term does not include the use of a drug taken

8 under supervision by a licensed health care pro9 fessional, or other uses authorized by the Con10 trolled Substances Act or other provisions of

11 Federal law.

12 ‘‘(11) EMPLOYMENT OUTCOME.—The term ‘em13 ployment outcome’ means, with respect to an indi14 vidual—

15 ‘‘(A) entering or retaining full-time or, if

16 appropriate, part-time competitive employment

17 in the integrated labor market;

18 ‘‘(B) satisfying the vocational outcome of

19 supported employment; or

20 ‘‘(C) satisfying any other vocational out21 come the Secretary may determine to be appro22 priate (including satisfying the vocational out23 come of self-employment or business owner24 ship),

25 in a manner consistent with this Act.
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1 ‘‘(12) ESTABLISHMENT OF A COMMUNITY RE2 HABILITATION PROGRAM.—The term ‘establishment

3 of a community rehabilitation program’ includes the

4 acquisition, expansion, remodeling, or alteration of

5 existing buildings necessary to adapt them to com6 munity rehabilitation program purposes or to in7 crease their effectiveness for such purposes (subject,

8 however, to such limitations as the Secretary may

9 determine, in accordance with regulations the Sec10 retary shall prescribe, in order to prevent impair11 ment of the objectives of, or duplication of, other

12 Federal laws providing Federal assistance in the

13 construction of facilities for community rehabilita14 tion programs), and may include such additional

15 equipment and staffing as the Commissioner consid16 ers appropriate.

17 ‘‘(13) EXTENDED SERVICES.—The term ‘ex18 tended services’ means ongoing support services and

19 other appropriate services, needed to support and

20 maintain an individual with a most significant dis21 ability in supported employment, that—

22 ‘‘(A) are provided singly or in combination

23 and are organized and made available in such

24 a way as to assist an eligible individual in main25 taining supported employment;
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1 ‘‘(B) are based on a determination of the

2 needs of an eligible individual, as specified in an

3 individualized rehabilitation employment plan;

4 and

5 ‘‘(C) are provided by a State agency, a

6 nonprofit private organization, employer, or any

7 other appropriate resource, after an individual

8 has made the transition from support provided

9 by the designated State unit.

10 ‘‘(14) FEDERAL SHARE.—

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B), the term ‘Federal share’ means 78.7

13 percent.

14 ‘‘(B) RELATIONSHIP TO EXPENDITURES

15 BY A POLITICAL SUBDIVISION.—For the pur16 pose of determining the non-Federal share with

17 respect to a State, expenditures by a political

18 subdivision thereof or by a local agency shall be

19 regarded as expenditures by such State, subject

20 to such limitations and conditions as the Sec21 retary shall by regulation prescribe.

22 ‘‘(15) IMPARTIAL HEARING OFFICER.—

23 ‘‘(A) IN GENERAL.—The term ‘impartial

24 hearing officer’ means an individual—
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1 ‘‘(i) who is not an employee of a pub2 lic agency (other than an administrative

3 law judge, hearing examiner, or employee

4 of an institution of higher education);

5 ‘‘(ii) who is not a member of the State

6 Rehabilitation Council described in section

7 105;

8 ‘‘(iii) who has not been involved pre9 viously in the vocational rehabilitation of

10 the applicant or client;

11 ‘‘(iv) who has knowledge of the deliv12 ery of vocational rehabilitation services, the

13 State plan under section 101, and the Fed14 eral and State rules governing the provi15 sion of such services and training with re16 spect to the performance of official duties;

17 and

18 ‘‘(v) who has no personal or financial

19 interest that would be in conflict with the

20 objectivity of the individual.

21 ‘‘(B) CONSTRUCTION.—An individual shall

22 not be considered to be an employee of a public

23 agency for purposes of subparagraph (A)(i)

24 solely because the individual is paid by the

25 agency to serve as a hearing officer.
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1 ‘‘(16) INDEPENDENT LIVING CORE SERVICES.—

2 The term ‘independent living core services’ means—

3 ‘‘(A) information and referral services;

4 ‘‘(B) independent living skills training;

5 ‘‘(C) peer counseling (including cross-dis6 ability peer counseling); and

7 ‘‘(D) individual and systems advocacy.

8 ‘‘(17) INDEPENDENT LIVING SERVICES.—The

9 term ‘independent living services’ includes—

10 ‘‘(A) independent living core services; and

11 ‘‘(B)(i) counseling services, including psy12 chological, psychotherapeutic, and related serv13 ices;

14 ‘‘(ii) services related to securing housing or

15 shelter, including services related to community

16 group living, and supportive of the purposes of

17 this Act and of the titles of this Act, and adapt18 ive housing services (including appropriate ac19 commodations to and modifications of any

20 space used to serve, or occupied by, individuals

21 with disabilities);

22 ‘‘(iii) rehabilitation technology;

23 ‘‘(iv) mobility training;

24 ‘‘(v) services and training for individuals

25 with cognitive and sensory disabilities, including
26

•S 1579 IS

1 life skills training, and interpreter and reader

2 services;

3 ‘‘(vi) personal assistance services, including

4 attendant care and the training of personnel

5 providing such services;

6 ‘‘(vii) surveys, directories, and other activi7 ties to identify appropriate housing, recreation

8 opportunities, and accessible transportation,

9 and other support services;

10 ‘‘(viii) consumer information programs on

11 rehabilitation and independent living services

12 available under this Act, especially for minori13 ties and other individuals with disabilities who

14 have traditionally been unserved or underserved

15 by programs under this Act;

16 ‘‘(ix) education and training necessary for

17 living in a community and participating in com18 munity activities;

19 ‘‘(x) supported living;

20 ‘‘(xi) transportation, including referral and

21 assistance for such transportation and training

22 in the use of public transportation vehicles and

23 systems;

24 ‘‘(xii) physical rehabilitation;

25 ‘‘(xiii) therapeutic treatment;
27

•S 1579 IS

1 ‘‘(xiv) provision of needed prostheses and

2 other appliances and devices;

3 ‘‘(xv) individual and group social and rec4 reational services;

5 ‘‘(xvi) training to develop skills specifically

6 designed for youths who are individuals with

7 disabilities to promote self-awareness and es8 teem, develop advocacy and self-empowerment

9 skills, and explore career options;

10 ‘‘(xvii) services for children;

11 ‘‘(xviii) services under other Federal,

12 State, or local programs designed to provide re13 sources, training, counseling, or other assist14 ance, of substantial benefit in enhancing the

15 independence, productivity, and quality of life of

16 individuals with disabilities;

17 ‘‘(xix) appropriate preventive services to

18 decrease the need of individuals assisted under

19 this Act for similar services in the future;

20 ‘‘(xx) community awareness programs to

21 enhance the understanding and integration into

22 society of individuals with disabilities; and

23 ‘‘(xxi) such other services as may be nec24 essary and not inconsistent with the provisions

25 of this Act.
28

•S 1579 IS

1 ‘‘(18) INDIAN; AMERICAN INDIAN; INDIAN

2 AMERICAN.—The terms ‘Indian’, ‘American Indian’,

3 and ‘Indian American’ mean an individual who is a

4 member of an Indian tribe.

5 ‘‘(19) INDIAN TRIBE.—The term ‘Indian tribe’

6 means any Federal or State Indian tribe, band,

7 rancheria, pueblo, colony, or community, including

8 any Alaskan native village or regional village cor9 poration (as defined in or established pursuant to

10 the Alaska Native Claims Settlement Act).

11 ‘‘(20) INDIVIDUAL WITH A DISABILITY.—

12 ‘‘(A) IN GENERAL.—Except as otherwise

13 provided in subparagraph (B), the term ‘indi14 vidual with a disability’ means any individual

15 who—

16 ‘‘(i) has a physical or mental impair17 ment which for such individual constitutes

18 or results in a substantial impediment to

19 employment; and

20 ‘‘(ii) can benefit in terms of an em21 ployment outcome from vocational rehabili22 tation services provided pursuant to title I,

23 III, or VI.

24 ‘‘(B) CERTAIN PROGRAMS; LIMITATIONS

25 ON MAJOR LIFE ACTIVITIES.—Subject to sub-
29

•S 1579 IS

1 paragraphs (C), (D), (E), and (F), the term

2 ‘individual with a disability’ means, for pur3 poses of sections 2, 14, and 15, and titles II,

4 IV, V, and VII of this Act, any person who—

5 ‘‘(i) has a physical or mental impair6 ment which substantially limits one or

7 more of such person’s major life activities;

8 ‘‘(ii) has a record of such an impair9 ment; or

10 ‘‘(iii) is regarded as having such an

11 impairment.

12 ‘‘(C) RIGHTS AND ADVOCACY PROVI13 SIONS.—

14 ‘‘(i) IN GENERAL; EXCLUSION OF IN15 DIVIDUALS ENGAGING IN DRUG USE.—For

16 purposes of title V, the term ‘individual

17 with a disability’ does not include an indi18 vidual who is currently engaging in the ille19 gal use of drugs, when a covered entity

20 acts on the basis of such use.

21 ‘‘(ii) EXCEPTION FOR INDIVIDUALS

22 NO LONGER ENGAGING IN DRUG USE.—

23 Nothing in clause (i) shall be construed to

24 exclude as an individual with a disability

25 an individual who—
30

•S 1579 IS

1 ‘‘(I) has successfully completed a

2 supervised drug rehabilitation pro3 gram and is no longer engaging in the

4 illegal use of drugs, or has otherwise

5 been rehabilitated successfully and is

6 no longer engaging in such use;

7 ‘‘(II) is participating in a super8 vised rehabilitation program and is no

9 longer engaging in such use; or

10 ‘‘(III) is erroneously regarded as

11 engaging in such use, but is not en12 gaging in such use;

13 except that it shall not be a violation of

14 this Act for a covered entity to adopt or

15 administer reasonable policies or proce16 dures, including but not limited to drug

17 testing, designed to ensure that an individ18 ual described in subclause (I) or (II) is no

19 longer engaging in the illegal use of drugs.

20 ‘‘(iii) EXCLUSION FOR CERTAIN SERV21 ICES.—Notwithstanding clause (i), for pur22 poses of programs and activities providing

23 health services and services provided under

24 titles I, II and III, an individual shall not

25 be excluded from the benefits of such pro-
31

•S 1579 IS

1 grams or activities on the basis of his or

2 her current illegal use of drugs if he or she

3 is otherwise entitled to such services.

4 ‘‘(iv) DISCIPLINARY ACTION.—For

5 purposes of programs and activities provid6 ing educational services, local educational

7 agencies may take disciplinary action per8 taining to the use or possession of illegal

9 drugs or alcohol against any student who

10 is an individual with a disability and who

11 currently is engaging in the illegal use of

12 drugs or in the use of alcohol to the same

13 extent that such disciplinary action is

14 taken against students who are not individ15 uals with disabilities. Furthermore, the due

16 process procedures at section 104.36 of

17 title 34, Code of Federal Regulations (or

18 any corresponding similar regulation or

19 ruling) shall not apply to such disciplinary

20 actions.

21 ‘‘(v) EMPLOYMENT; EXCLUSION OF

22 ALCOHOLICS.—For purposes of sections

23 503 and 504 as such sections relate to em24 ployment, the term ‘individual with a dis25 ability’ does not include any individual who
32

•S 1579 IS

1 is an alcoholic whose current use of alcohol

2 prevents such individual from performing

3 the duties of the job in question or whose

4 employment, by reason of such current al5 cohol abuse, would constitute a direct

6 threat to property or the safety of others.

7 ‘‘(D) EMPLOYMENT; EXCLUSION OF INDI8 VIDUALS WITH CERTAIN DISEASES OR INFEC9 TIONS.—For the purposes of sections 503 and

10 504, as such sections relate to employment,

11 such term does not include an individual who

12 has a currently contagious disease or infection

13 and who, by reason of such disease or infection,

14 would constitute a direct threat to the health or

15 safety of other individuals or who, by reason of

16 the currently contagious disease or infection, is

17 unable to perform the duties of the job.

18 ‘‘(E) RIGHTS PROVISIONS; EXCLUSION OF

19 INDIVIDUALS ON BASIS OF HOMOSEXUALITY OR

20 BISEXUALITY.—For the purposes of sections

21 501, 503, and 504—

22 ‘‘(i) for purposes of the application of

23 subparagraph (B) to such sections, the

24 term ‘impairment’ does not include homo25 sexuality or bisexuality; and
33

•S 1579 IS

1 ‘‘(ii) therefore the term ‘individual

2 with a disability’ does not include an indi3 vidual on the basis of homosexuality or bi4 sexuality.

5 ‘‘(F) RIGHTS PROVISIONS; EXCLUSION OF

6 INDIVIDUALS ON BASIS OF CERTAIN DIS7 ORDERS.—For the purposes of sections 501,

8 503, and 504, the term ‘individual with a dis9 ability’ does not include an individual on the

10 basis of—

11 ‘‘(i) transvestism, transsexualism,

12 pedophilia, exhibitionism, voyeurism, gen13 der identity disorders not resulting from

14 physical impairments, or other sexual be15 havior disorders;

16 ‘‘(ii) compulsive gambling, kleptoma17 nia, or pyromania; or

18 ‘‘(iii) psychoactive substance use dis19 orders resulting from current illegal use of

20 drugs.

21 ‘‘(G) INDIVIDUALS WITH DISABILITIES.—

22 The term ‘individuals with disabilities’ means

23 more than one individual with a disability.

24 ‘‘(21) INDIVIDUAL WITH A SIGNIFICANT DIS25 ABILITY.—
34

•S 1579 IS

1 ‘‘(A) IN GENERAL.—Except as provided in

2 subparagraph (B) or (C), the term ‘individual

3 with a significant disability’ means an individ4 ual with a disability—

5 ‘‘(i) who has a severe physical or men6 tal impairment which seriously limits one

7 or more functional capacities (such as mo8 bility, communication, self-care, self-direc9 tion, interpersonal skills, work tolerance, or

10 work skills) in terms of an employment

11 outcome;

12 ‘‘(ii) whose vocational rehabilitation

13 can be expected to require multiple voca14 tional rehabilitation services over an ex15 tended period of time; and

16 ‘‘(iii) who has one or more physical or

17 mental disabilities resulting from amputa18 tion, arthritis, autism, blindness, burn in19 jury, cancer, cerebral palsy, cystic fibrosis,

20 deafness, head injury, heart disease, hemi21 plegia, hemophilia, respiratory or pul22 monary dysfunction, mental retardation,

23 mental illness, multiple sclerosis, muscular

24 dystrophy, musculo-skeletal disorders, neu25 rological disorders (including stroke and
35

•S 1579 IS

1 epilepsy), paraplegia, quadriplegia, and

2 other spinal cord conditions, sickle cell

3 anemia, specific learning disability, end4 stage renal disease, or another disability or

5 combination of disabilities determined on

6 the basis of an assessment for determining

7 eligibility and vocational rehabilitation

8 needs described in subparagraphs (A) and

9 (B) of paragraph (2) to cause comparable

10 substantial functional limitation.

11 ‘‘(B) INDEPENDENT LIVING SERVICES AND

12 CENTERS FOR INDEPENDENT LIVING.—For

13 purposes of title VII, the term ‘individual with

14 a significant disability’ means an individual

15 with a severe physical or mental impairment

16 whose ability to function independently in the

17 family or community or whose ability to obtain,

18 maintain, or advance in employment is substan19 tially limited and for whom the delivery of inde20 pendent living services will improve the ability

21 to function, continue functioning, or move to22 wards functioning independently in the family

23 or community or to continue in employment, re24 spectively.
36

•S 1579 IS

1 ‘‘(C) RESEARCH AND TRAINING.—For pur2 poses of title II, the term ‘individual with a sig3 nificant disability’ includes an individual de4 scribed in subparagraph (A) or (B).

5 ‘‘(D) INDIVIDUALS WITH SIGNIFICANT DIS6 ABILITIES.—The term ‘individuals with signifi7 cant disabilities’ means more than one individ8 ual with a significant disability.

9 ‘‘(E) INDIVIDUAL WITH A MOST SIGNIFI10 CANT DISABILITY.—

11 ‘‘(i) IN GENERAL.—The term ‘individ12 ual with a most significant disability’, used

13 with respect to an individual in a State,

14 means an individual with a significant dis15 ability who meets criteria established by

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

17 ‘‘(ii) INDIVIDUALS WITH THE MOST

18 SIGNIFICANT DISABILITIES.—The term ‘in19 dividuals with the most significant disabil20 ities’ means more than one individual with

21 a most significant disability.

22 ‘‘(22) INDIVIDUAL’S REPRESENTATIVE; APPLI23 CANT’S REPRESENTATIVE.—

24 ‘‘(A) INDIVIDUAL’S REPRESENTATIVE.—

25 The term ‘individual’s representative’ used with
37

•S 1579 IS

1 respect to an eligible individual or other individ2 ual with a disability, means—

3 ‘‘(i) any representative chosen by the

4 eligible individual or other individual with

5 a disability, including a parent, guardian,

6 other family member, or advocate; or

7 ‘‘(ii) if a representative or legal guard8 ian has been appointed by a court to rep9 resent the eligible individual or other indi10 vidual with a disability, the court-ap11 pointed representative or legal guardian.

12 ‘‘(B) APPLICANT’S REPRESENTATIVE.—

13 The term ‘applicant’s representative’ means—

14 ‘‘(i) any representative described in

15 subparagraph (A)(i) chosen by the appli16 cant; or

17 ‘‘(ii) if a representative or legal guard18 ian has been appointed by a court to rep19 resent the applicant, the court-appointed

20 representative or legal guardian.

21 ‘‘(23) INSTITUTION OF HIGHER EDUCATION.—

22 The term ‘institution of higher education’ has the

23 meaning given the term in section 1201(a) of the

24 Higher Education Act of 1965 (20 U.S.C. 1141(a)).
38

•S 1579 IS

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

2 means an agency of a unit of general local govern3 ment or of an Indian tribe (or combination of such

4 units or tribes) which has an agreement with the

5 designated State agency to conduct a vocational re6 habilitation program under the supervision of such

7 State agency in accordance with the State plan ap8 proved under section 101. Nothing in the preceding

9 sentence of this paragraph or in section 101 shall be

10 construed to prevent the local agency from arrang11 ing to utilize another local public or nonprofit agen12 cy to provide vocational rehabilitation services if

13 such an arrangement is made part of the agreement

14 specified in this paragraph.

15 ‘‘(25) LOCAL WORKFORCE INVESTMENT PART16 NERSHIP.—The term ‘local workforce investment

17 partnership’ means a local workforce investment

18 partnership established under section 308 of the

19 Workforce Investment Partnership Act of 1998.

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

21 used with respect to a community rehabilitation pro22 gram, means a community rehabilitation program

23 carried out by a corporation or association, no part

24 of the net earnings of which inures, or may lawfully

25 inure, to the benefit of any private shareholder or in-
39

•S 1579 IS

1 dividual and the income of which is exempt from

2 taxation under section 501(c)(3) of the Internal Rev3 enue Code of 1986.

4 ‘‘(27) ONGOING SUPPORT SERVICES.—The term

5 ‘ongoing support services’ means services—

6 ‘‘(A) provided to individuals with the most

7 significant disabilities;

8 ‘‘(B) provided, at a minimum, twice

9 monthly—

10 ‘‘(i) to make an assessment, regarding

11 the employment situation, at the worksite

12 of each such individual in supported em13 ployment, or, under special circumstances,

14 especially at the request of the client, off

15 site; and

16 ‘‘(ii) based on the assessment, to pro17 vide for the coordination or provision of

18 specific intensive services, at or away from

19 the worksite, that are needed to maintain

20 employment stability; and

21 ‘‘(C) consisting of—

22 ‘‘(i) a particularized assessment sup23 plementary to the comprehensive assess24 ment described in paragraph (2)(B);
40

•S 1579 IS

1 ‘‘(ii) the provision of skilled job train2 ers who accompany the individual for in3 tensive job skill training at the work site;

4 ‘‘(iii) job development, job retention,

5 and placement services;

6 ‘‘(iv) social skills training;

7 ‘‘(v) regular observation or super8 vision of the individual;

9 ‘‘(vi) followup services such as regular

10 contact with the employers, the individuals,

11 the individuals’ representatives, and other

12 appropriate individuals, in order to rein13 force and stabilize the job placement;

14 ‘‘(vii) facilitation of natural supports

15 at the worksite;

16 ‘‘(viii) any other service identified in

17 section 103; or

18 ‘‘(ix) a service similar to another serv19 ice described in this subparagraph.

20 ‘‘(28) PERSONAL ASSISTANCE SERVICES.—The

21 term ‘personal assistance services’ means a range of

22 services, provided by one or more persons, designed

23 to assist an individual with a disability to perform

24 daily living activities on or off the job that the indi25 vidual would typically perform if the individual did
41

•S 1579 IS

1 not have a disability. Such services shall be designed

2 to increase the individual’s control in life and ability

3 to perform everyday activities on or off the job.

4 ‘‘(29) PUBLIC OR NONPROFIT.—The term ‘pub5 lic or nonprofit’, used with respect to an agency or

6 organization, includes an Indian tribe.

7 ‘‘(30) REHABILITATION TECHNOLOGY.—The

8 term ‘rehabilitation technology’ means the system9 atic application of technologies, engineering meth10 odologies, or scientific principles to meet the needs

11 of and address the barriers confronted by individuals

12 with disabilities in areas which include education, re13 habilitation, employment, transportation, independ14 ent living, and recreation. The term includes reha15 bilitation engineering, assistive technology devices,

16 and assistive technology services.

17 ‘‘(31) REQUIRES VOCATIONAL REHABILITATION

18 SERVICES.—The term ‘requires vocational rehabilita19 tion services’, used with respect to an individual with

20 a disability as defined in paragraph (20)(A), means

21 that the individual is unable to prepare for, secure,

22 retain, or regain employment consistent with the

23 strengths, resources, priorities, concerns, abilities,

24 capabilities, interests, and informed choice of the in-
42

•S 1579 IS

1 dividual without vocational rehabilitation services,

2 because the individual—

3 ‘‘(A) has never been employed;

4 ‘‘(B) has lost employment;

5 ‘‘(C) is underemployed;

6 ‘‘(D) is at immediate risk of losing employ7 ment; or

8 ‘‘(E) receives benefits on the basis of dis9 ability or blindness pursuant to title II or XVI

10 of the Social Security Act (42 U.S.C. 401 et

11 seq. or 1381 et seq.), in a case in which the in12 dividual intends to achieve an employment out13 come consistent with the unique strengths, re14 sources, priorities, concerns, abilities, capabili15 ties, interests, and informed choice of the indi16 vidual.

17 ‘‘(32) SECRETARY.—The term ‘Secretary’, ex18 cept when the context otherwise requires, means the

19 Secretary of Education.

20 ‘‘(33) STATE.—The term ‘State’ includes, in

21 addition to each of the several States of the United

22 States, the District of Columbia, the Commonwealth

23 of Puerto Rico, the United States Virgin Islands,

24 Guam, American Samoa, and the Commonwealth of

25 the Northern Mariana Islands.
43

•S 1579 IS

1 ‘‘(34) STATEWIDE WORKFORCE INVESTMENT

2 PARTNERSHIP.—The term ‘statewide workforce in3 vestment partnership’ means a partnership estab4 lished under section 303 of the Workforce Invest5 ment Partnership Act of 1998.

6 ‘‘(35) STATEWIDE WORKFORCE INVESTMENT

7 SYSTEM.—The term ‘statewide workforce investment

8 system’ means a system described in section 301 of

9 the Workforce Investment Partnership Act of 1998.

10 ‘‘(36) SUPPORTED EMPLOYMENT.—

11 ‘‘(A) IN GENERAL.—The term ‘supported

12 employment’ means competitive work in inte13 grated work settings, or employment in inte14 grated work settings in which individuals are

15 working toward competitive work, consistent

16 with the strengths, resources, priorities, con17 cerns, abilities, capabilities, interests, and in18 formed choice of the individuals, for individuals

19 with the most significant disabilities—

20 ‘‘(i)(I) for whom competitive employ21 ment has not traditionally occurred; or

22 ‘‘(II) for whom competitive employ23 ment has been interrupted or intermittent

24 as a result of a significant disability; and
44

•S 1579 IS

1 ‘‘(ii) who, because of the nature and

2 severity of their disability, need intensive

3 supported employment services for the pe4 riod, and any extension, described in para5 graph (37)(C) and extended services after

6 the transition described in paragraph

7 (13)(C) in order to perform such work.

8 ‘‘(B) CERTAIN TRANSITIONAL EMPLOY9 MENT.—Such term includes transitional em10 ployment for persons who are individuals with

11 the most significant disabilities due to mental

12 illness.

13 ‘‘(37) SUPPORTED EMPLOYMENT SERVICES.—

14 The term ‘supported employment services’ means

15 ongoing support services and other appropriate serv16 ices needed to support and maintain an individual

17 with a most significant disability in supported em18 ployment, that—

19 ‘‘(A) are provided singly or in combination

20 and are organized and made available in such

21 a way as to assist an eligible individual to

22 achieve competitive employment;

23 ‘‘(B) are based on a determination of the

24 needs of an eligible individual, as specified in an
45

•S 1579 IS

1 individualized rehabilitation employment plan;

2 and

3 ‘‘(C) are provided by the designated State

4 unit for a period of time not to extend beyond

5 18 months, unless under special circumstances

6 the eligible individual and the rehabilitation

7 counselor or coordinator jointly agree to extend

8 the time in order to achieve the rehabilitation

9 objectives identified in the individualized reha10 bilitation employment plan.

11 ‘‘(38) TRANSITION SERVICES.—The term ‘tran12 sition services’ means a coordinated set of activities

13 for a student, designed within an outcome-oriented

14 process, that promotes movement from school to

15 post school activities, including postsecondary edu16 cation, vocational training, integrated employment

17 (including supported employment), continuing and

18 adult education, adult services, independent living,

19 or community participation. The coordinated set of

20 activities shall be based upon the individual stu21 dent’s needs, taking into account the student’s pref22 erences and interests, and shall include instruction,

23 community experiences, the development of employ24 ment and other post school adult living objectives,
46

•S 1579 IS

1 and, when appropriate, acquisition of daily living

2 skills and functional vocational evaluation.

3 ‘‘(39) UNDEREMPLOYED.—The term ‘under4 employed’, used with respect to an individual with a

5 disability, as defined in paragraph (20)(A), means a

6 situation in which the individual is employed in a job

7 that is not consistent with the strengths, resources,

8 priorities, concerns, abilities, capabilities, interests,

9 and informed choice of the individual.

10 ‘‘(40) VOCATIONAL REHABILITATION SERV11 ICES.—The term ‘vocational rehabilitation services’

12 means those services identified in section 103 which

13 are provided to individuals with disabilities under

14 this Act.

15 ‘‘(41) WORKFORCE INVESTMENT ACTIVITIES.—

16 The term ‘workforce investment activities’ has the

17 meaning given the term in section 2 of the Work18 force Investment Partnership Act of 1998 carried

19 out under that Act.

20 ‘‘ALLOTMENT PERCENTAGE

21 ‘‘SEC. 8. (a)(1) For purposes of section 110, the al22 lotment percentage for any State shall be 100 per centum

23 less that percentage which bears the same ratio to 50 per

24 centum as the per capita income of such State bears to

25 the per capita income of the United States, except that—
47

•S 1579 IS

1 ‘‘(A) the allotment percentage shall in no case

be more than 75 per centum or less than 331 2 ⁄3 per

3 centum; and

4 ‘‘(B) the allotment percentage for the District

5 of Columbia, Puerto Rico, Guam, the Virgin Islands,

6 American Samoa, and the Commonwealth of the

7 Northern Mariana Islands shall be 75 per centum.

8 ‘‘(2) The allotment percentages shall be promulgated

9 by the Secretary between October 1 and December 31 of

10 each even-numbered year, on the basis of the average of

11 the per capita incomes of the States and of the United

12 States for the three most recent consecutive years for

13 which satisfactory data are available from the Department

14 of Commerce. Such promulgation shall be conclusive for

15 each of the two fiscal years in the period beginning on

16 the October 1 next succeeding such promulgation.

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

18 purposes of this subsection) the fifty States and the Dis19 trict of Columbia.

20 ‘‘(b) The population of the several States and of the

21 United States shall be determined on the basis of the most

22 recent data available, to be furnished by the Department

23 of Commerce by October 1 of the year preceding the fiscal

24 year for which funds are appropriated pursuant to statu25 tory authorizations.
48

•S 1579 IS

1 ‘‘NONDUPLICATION

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

3 Federal share of expenditures for planning, administra4 tion, and services incurred by it under a State plan ap5 proved in accordance with section 101, there shall be dis6 regarded (1) any portion of such expenditures which are

7 financed by Federal funds provided under any other provi8 sion of law, and (2) the amount of any non-Federal funds

9 required to be expended as a condition of receipt of such

10 Federal funds. No payment may be made from funds pro11 vided under one provision of this Act relating to any cost

12 with respect to which any payment is made under any

13 other provision of this Act, except that this section shall

14 not be construed to limit or reduce fees for services ren15 dered by community rehabilitation programs.

16 ‘‘APPLICATION OF OTHER LAWS

17 ‘‘SEC. 11. The provisions of the Act of December 5,

18 1974 (Public Law 93–510) and of title V of the Act of

19 October 15, 1977 (Public Law 95–134) shall not apply

20 to the administration of the provisions of this Act or to

21 the administration of any program or activity under this

22 Act.

23 ‘‘ADMINISTRATION OF THE ACT

24 ‘‘SEC. 12. (a) In carrying out the purposes of this

25 Act, the Commissioner may—
49

•S 1579 IS

1 ‘‘(1) provide consultative services and technical

2 assistance to public or nonprofit private agencies

3 and organizations, including assistance to enable

4 such agencies and organizations to facilitate mean5 ingful and effective participation by individuals with

6 disabilities in workforce investment activities;

7 ‘‘(2) provide short-term training and technical

8 instruction, including training for the personnel of

9 community rehabilitation programs, centers for inde10 pendent living, and other providers of services (in11 cluding job coaches);

12 ‘‘(3) conduct special projects and demonstra13 tions;

14 ‘‘(4) collect, prepare, publish, and disseminate

15 special educational or informational materials, in16 cluding reports of the projects for which funds are

17 provided under this Act; and

18 ‘‘(5) provide monitoring and conduct evalua19 tions.

20 ‘‘(b)(1) In carrying out the duties under this Act, the

21 Commissioner may utilize the services and facilities of any

22 agency of the Federal Government and of any other public

23 or nonprofit agency or organization, in accordance with

24 agreements between the Commissioner and the head there-
50

•S 1579 IS

1 of, and may pay therefor, in advance or by way of reim2 bursement, as may be provided in the agreement.

3 ‘‘(2) In carrying out the provisions of this Act, the

4 Commissioner shall appoint such task forces as may be

5 necessary to collect and disseminate information in order

6 to improve the ability of the Commissioner to carry out

7 the provisions of this Act.

8 ‘‘(c) The Commissioner may promulgate such regula9 tions as are considered appropriate to carry out the Com10 missioner’s duties under this Act.

11 ‘‘(d) The Secretary shall promulgate regulations re12 garding the requirements for the implementation of an

13 order of selection for vocational rehabilitation services

14 under section 101(a)(5)(A) if such services cannot be pro15 vided to all eligible individuals with disabilities who apply

16 for such services.

17 ‘‘(e) Not later than 180 days after the date of enact18 ment of the Rehabilitation Act Amendments of 1998, the

19 Secretary shall receive public comment and promulgate

20 regulations to implement the amendments made by the

21 Rehabilitation Act Amendments of 1998.

22 ‘‘(f) In promulgating regulations to carry out this

23 Act, the Secretary shall promulgate only regulations that

24 are necessary to administer and ensure compliance with

25 the specific requirements of this Act.
51

•S 1579 IS

1 ‘‘(g) There are authorized to be appropriated to carry

2 out this section such sums as may be necessary.

3 ‘‘REPORTS

4 ‘‘SEC. 13. (a) Not later than one hundred and eighty

5 days after the close of each fiscal year, the Commissioner

6 shall prepare and submit to the President and to the Con7 gress a full and complete report on the activities carried

8 out under this Act, including the activities and staffing

9 of the information clearinghouse under section 15.

10 ‘‘(b) The Commissioner shall collect information to

11 determine whether the purposes of this Act are being met

12 and to assess the performance of programs carried out

13 under this Act. The Commissioner shall take whatever ac14 tion is necessary to assure that the identity of each indi15 vidual for which information is supplied under this section

16 is kept confidential, except as otherwise required by law

17 (including regulation).

18 ‘‘(c) In preparing the report, the Commissioner shall

19 annually collect and include in the report information

20 based on the information submitted by States in accord21 ance with section 101(a)(10). The Commissioner shall, to

22 the maximum extent appropriate, include in the report all

23 information that is required to be submitted in the reports

24 described in section 321(d) of the Workforce Investment

25 Partnership Act of 1998 and that pertains to the employ26 ment of individuals with disabilities.
52

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1 ‘‘EVALUATION

2 ‘‘SEC. 14. (a) For the purpose of improving program

3 management and effectiveness, the Secretary, in consulta4 tion with the Commissioner, shall evaluate all the pro5 grams authorized by this Act, their general effectiveness

6 in relation to their cost, their impact on related programs,

7 and their structure and mechanisms for delivery of serv8 ices, using appropriate methodology and evaluative re9 search designs. The Secretary shall establish and use

10 standards for the evaluations required by this subsection.

11 Such an evaluation shall be conducted by a person not

12 immediately involved in the administration of the program

13 evaluated.

14 ‘‘(b) In carrying out evaluations under this section,

15 the Secretary shall obtain the opinions of program and

16 project participants about the strengths and weaknesses

17 of the programs and projects.

18 ‘‘(c) The Secretary shall take the necessary action to

19 assure that all studies, evaluations, proposals, and data

20 produced or developed with Federal funds under this Act

21 shall become the property of the United States.

22 ‘‘(d) Such information as the Secretary may deter23 mine to be necessary for purposes of the evaluations con24 ducted under this section shall be made available upon re-
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•S 1579 IS

1 quest of the Secretary, by the departments and agencies

2 of the executive branch.

3 ‘‘(e)(1) To assess the linkages between vocational re4 habilitation services and economic and noneconomic out5 comes, the Secretary shall continue to conduct a longitu6 dinal study of a national sample of applicants for the serv7 ices.

8 ‘‘(2) The study shall address factors related to attri9 tion and completion of the program through which the

10 services are provided and factors within and outside the

11 program affecting results. Appropriate comparisons shall

12 be used to contrast the experiences of similar persons who

13 do not obtain the services.

14 ‘‘(3) The study shall be planned to cover the period

15 beginning on the application of individuals with disabilities

16 for the services, through the eligibility determination and

17 provision of services for the individuals, and a further pe18 riod of not less than 2 years after the termination of serv19 ices.

20 ‘‘(f)(1) The Commissioner shall identify and dissemi21 nate information on exemplary practices concerning voca22 tional rehabilitation.

23 ‘‘(2) To facilitate compliance with paragraph (1), the

24 Commissioner shall conduct studies and analyses that

25 identify exemplary practices concerning vocational reha-
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1 bilitation, including studies in areas relating to providing

2 informed choice in the rehabilitation process, promoting

3 consumer satisfaction, promoting job placement and reten4 tion, providing supported employment, providing services

5 to particular disability populations, financing personal as6 sistance services, providing assistive technology devices

7 and assistive technology services, entering into cooperative

8 agreements, establishing standards and certification for

9 community rehabilitation programs, converting from non10 integrated to integrated employment, and providing case11 load management.

12 ‘‘(g) There are authorized to be appropriated to carry

13 out this section such sums as may be necessary.

14 ‘‘INFORMATION CLEARINGHOUSE

15 ‘‘SEC. 15. (a) The Secretary shall establish a central

16 clearinghouse for information and resource availability for

17 individuals with disabilities which shall provide informa18 tion and data regarding—

19 ‘‘(1) the location, provision, and availability of

20 services and programs for individuals with disabil21 ities, including such information and data provided

22 by statewide partnerships established under section

23 303 of the Workforce Investment Partnership Act of

24 1998 regarding such services and programs author25 ized under such Act;
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1 ‘‘(2) research and recent medical and scientific

2 developments bearing on disabilities (and their pre3 vention, amelioration, causes, and cures); and

4 ‘‘(3) the current numbers of individuals with

5 disabilities and their needs.

6 The clearinghouse shall also provide any other relevant in7 formation and data which the Secretary considers appro8 priate.

9 ‘‘(b) The Commissioner may assist the Secretary to

10 develop within the Department of Education a coordinated

11 system of information and data retrieval, which will have

12 the capacity and responsibility to provide information re13 garding the information and data referred to in subsection

14 (a) of this section to the Congress, public and private

15 agencies and organizations, individuals with disabilities

16 and their families, professionals in fields serving such indi17 viduals, and the general public.

18 ‘‘(c) The office established to carry out the provisions

19 of this section shall be known as the ‘Office of Information

20 and Resources for Individuals with Disabilities’.

21 ‘‘(d) There are authorized to be appropriated to carry

22 out this section such sums as may be necessary.

23 ‘‘TRANSFER OF FUNDS

24 ‘‘SEC. 16. (a) Except as provided in subsection (b)

25 of this section, no funds appropriated under this Act for

26 any research program or activity may be used for any pur-
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1 pose other than that for which the funds were specifically

2 authorized.

3 ‘‘(b) No more than 1 percent of funds appropriated

4 for discretionary grants, contracts, or cooperative agree5 ments authorized by this Act may be used for the purpose

6 of providing non-Federal panels of experts to review appli7 cations for such grants, contracts, or cooperative agree8 ments.

9 ‘‘STATE ADMINISTRATION

10 ‘‘SEC. 17. The application of any State rule or policy

11 relating to the administration or operation of programs

12 funded by this Act (including any rule or policy based on

13 State interpretation of any Federal law, regulation, or

14 guideline) shall be identified as a State imposed require15 ment.

16 ‘‘REVIEW OF APPLICATIONS

17 ‘‘SEC. 18. Applications for grants in excess of

18 $100,000 in the aggregate authorized to be funded under

19 this Act, other than grants primarily for the purpose of

20 conducting dissemination or conferences, shall be reviewed

21 by panels of experts which shall include a majority of non22 Federal members. Non-Federal members may be provided

23 travel, per diem, and consultant fees not to exceed the

24 daily equivalent of the rate of pay for level 4 of the Senior

25 Executive Service Schedule under section 5382 of title 5,

26 United States Code.
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1 ‘‘SEC. 19. CARRYOVER.

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

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

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

5 carry out any grant program under part B of title

6 I, section 509 (except as provided in section 509(b)),

7 part C of title VI, part B or C of chapter 1 of title

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

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

10 any such grant program, that are not obligated and

11 expended by recipients prior to the beginning of the

12 succeeding fiscal year; or

13 ‘‘(2) any amounts of program income, including

14 reimbursement payments under the Social Security

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

16 under any grant program specified in paragraph (1)

17 that are not obligated and expended by recipients

18 prior to the beginning of the fiscal year succeeding

19 the fiscal year in which such amounts were received,

20 shall remain available for obligation and expenditure by

21 such recipients during such succeeding fiscal year.

22 ‘‘(b) NON-FEDERAL SHARE.—Such funds shall re23 main available for obligation and expenditure by a recipi24 ent as provided in subsection (a) only to the extent that

25 the recipient complied with any Federal share require-
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1 ments applicable to the program for the fiscal year for

2 which the funds were appropriated.

3 ‘‘SEC. 20. CLIENT ASSISTANCE INFORMATION.

4 ‘‘All programs, including community rehabilitation

5 programs, and projects, that provide services to individ6 uals with disabilities under this Act shall advise such indi7 viduals who are applicants for or recipients of the services,

8 or the applicants’ representatives or individuals’ represent9 atives, of the availability and purposes of the client assist10 ance program under section 112, including information on

11 means of seeking assistance under such program.

12 ‘‘SEC. 21. TRADITIONALLY UNDERSERVED POPULATIONS.

13 ‘‘(a) FINDINGS.—With respect to the programs au14 thorized in titles II through VII, the Congress finds as

15 follows:

16 ‘‘(1) RACIAL PROFILE.—The racial profile of

17 America is rapidly changing. While the rate of in18 crease for white Americans is 3.2 percent, the rate

19 of increase for racial and ethnic minorities is much

20 higher: 38.6 percent for Latinos, 14.6 percent for

21 African-Americans, and 40.1 percent for Asian22 Americans and other ethnic groups. By the year

23 2000, the Nation will have 260,000,000 people, one

24 of every three of whom will be either African-Amer25 ican, Latino, or Asian-American.
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1 ‘‘(2) RATE OF DISABILITY.—Ethnic and racial

2 minorities tend to have disabling conditions at a dis3 proportionately high rate. The rate of work-related

4 disability for American Indians is about one and

5 one-half times that of the general population. Afri6 can-Americans are also one and one-half times more

7 likely to be disabled than whites and twice as likely

8 to be significantly disabled.

9 ‘‘(3) INEQUITABLE TREATMENT.—Patterns of

10 inequitable treatment of minorities have been docu11 mented in all major junctures of the vocational reha12 bilitation process. As compared to white Americans,

13 a larger percentage of African-American applicants

14 to the vocational rehabilitation system is denied ac15 ceptance. Of applicants accepted for service, a larger

16 percentage of African-American cases is closed with17 out being rehabilitated. Minorities are provided less

18 training than their white counterparts. Consistently,

19 less money is spent on minorities than on their white

20 counterparts.

21 ‘‘(4) RECRUITMENT.—Recruitment efforts with22 in vocational rehabilitation at the level of pre-service

23 training, continuing education, and in-service train24 ing must focus on bringing larger numbers of mi25 norities into the profession in order to provide ap-
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1 propriate practitioner knowledge, role models, and

2 sufficient manpower to address the clearly changing

3 demography of vocational rehabilitation.

4 ‘‘(b) OUTREACH TO MINORITIES.—

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

6 Commissioner and the Director of the National In7 stitute on Disability and Rehabilitation Research

8 (referred to in this subsection as the ‘Director’) shall

9 reserve 1 percent of the funds appropriated for the

10 fiscal year for programs authorized under titles II,

11 III, VI, and VII to carry out this subsection. The

12 Commissioner and the Director shall use the re13 served funds to carry out 1 or more of the activities

14 described in paragraph (2) through a grant, con15 tract, or cooperative agreement.

16 ‘‘(2) ACTIVITIES.—The activities carried out by

17 the Commissioner and the Director shall include 1

18 or more of the following:

19 ‘‘(A) Making awards to minority entities

20 and Indian tribes to carry out activities under

21 the programs authorized under titles II, III, VI,

22 and VII.

23 ‘‘(B) Making awards to minority entities

24 and Indian tribes to conduct research, training,

25 technical assistance, or a related activity, to im-
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1 prove services provided under this Act, espe2 cially services provided to individuals from mi3 nority backgrounds.

4 ‘‘(C) Making awards to entities described

5 in paragraph (3) to provide outreach and tech6 nical assistance to minority entities and Indian

7 tribes to promote their participation in activities

8 funded under this Act, including assistance to

9 enhance their capacity to carry out such activi10 ties.

11 ‘‘(3) ELIGIBILITY.—To be eligible to receive a

12 award under paragraph (2)(C), an entity shall be a

13 State or a public or private nonprofit agency or or14 ganization, such as an institution of higher edu15 cation or an Indian tribe.

16 ‘‘(4) REPORT.—In each fiscal year, the Com17 missioner and the Director shall prepare and submit

18 to Congress a report that describes the activities

19 funded under this subsection for the preceding fiscal

20 year.

21 ‘‘(5) DEFINITIONS.—In this subsection:

22 ‘‘(A) HISTORICALLY BLACK COLLEGE OR

23 UNIVERSITY.—The term ‘‘historically Black col24 lege or university’’ means a part B institution,
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1 as defined in section 322(2) of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1061(2)).

3 ‘‘(B) MINORITY ENTITY.—The term ‘‘mi4 nority entity’ means an entity that is a Histori5 cally Black College or University, a Hispanic6 serving institution of higher education, an

7 American Indian Tribal College or University,

8 or another institution of higher education whose

9 minority student enrollment is at least 50 per10 cent.

11 ‘‘(c) DEMONSTRATION.—In awarding grants, or en12 tering into contracts or cooperative agreements under ti13 tles I, II, III, VI, and VII, and section 509, the Commis14 sioner and the Director, in appropriate cases, shall require

15 applicants to demonstrate how the applicants will address,

16 in whole or in part, the needs of individuals with disabil17 ities from minority backgrounds.’’.

18 SEC. 4. VOCATIONAL REHABILITATION SERVICES.

19 Title I of the Rehabilitation Act of 1973 (29 U.S.C.

20 720 et seq.) is amended to read as follows:
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1 ‘‘TITLE I—VOCATIONAL

2 REHABILITATION SERVICES

3 ‘‘PART A—GENERAL PROVISIONS

4 ‘‘SEC. 100. DECLARATION OF POLICY; AUTHORIZATION OF

5 APPROPRIATIONS.

6 ‘‘(a) FINDINGS; PURPOSE; POLICY.—

7 ‘‘(1) FINDINGS.—Congress finds that—

8 ‘‘(A) work—

9 ‘‘(i) is a valued activity, both for indi10 viduals and society; and

11 ‘‘(ii) fulfills the need of an individual

12 to be productive, promotes independence,

13 enhances self-esteem, and allows for par14 ticipation in the mainstream of life in the

15 United States;

16 ‘‘(B) as a group, individuals with disabil17 ities experience staggering levels of unemploy18 ment and poverty;

19 ‘‘(C) individuals with disabilities, including

20 individuals with the most significant disabilities,

21 have demonstrated their ability to achieve gain22 ful employment in integrated settings if appro23 priate services and supports are provided;

24 ‘‘(D) reasons for significant numbers of in25 dividuals with disabilities not working, or work-
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1 ing at levels not commensurate with their abili2 ties and capabilities, include—

3 ‘‘(i) discrimination;

4 ‘‘(ii) lack of accessible and available

5 transportation;

6 ‘‘(iii) fear of losing health coverage

7 under the medicare and medicaid programs

8 carried out under titles XVIII and XIX of

9 the Social Security Act (42 U.S.C. 1395 et

10 seq. and 1396 et seq.) or fear of losing pri11 vate health insurance; and

12 ‘‘(iv) lack of education, training, and

13 supports to meet job qualification stand14 ards necessary to secure, retain, regain, or

15 advance in employment;

16 ‘‘(E) enforcement of title V and of the

17 Americans with Disabilities Act of 1990 (42

18 U.S.C. 12101 et seq.) holds the promise of end19 ing discrimination for individuals with disabil20 ities;

21 ‘‘(F) the provision of workforce investment

22 activities and vocational rehabilitation services

23 can enable individuals with disabilities, includ24 ing individuals with the most significant disabil25 ities, to pursue meaningful careers by securing
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1 gainful employment commensurate with their

2 abilities and capabilities; and

3 ‘‘(G) linkages between the vocational reha4 bilitation programs established under this title

5 and other components of the statewide work6 force investment system are critical to ensure

7 effective and meaningful participation by indi8 viduals with disabilities in workforce investment

9 activities.

10 ‘‘(2) PURPOSE.—The purpose of this title is to

11 assist States in operating statewide comprehensive,

12 coordinated, effective, efficient, and accountable pro13 grams of vocational rehabilitation, each of which

14 is—

15 ‘‘(A) an integral part of a statewide work16 force investment system; and

17 ‘‘(B) designed to assess, plan, develop, and

18 provide vocational rehabilitation services for in19 dividuals with disabilities, consistent with their

20 strengths, resources, priorities, concerns, abili21 ties, capabilities, interests, and informed choice,

22 so that such individuals may prepare for and

23 engage in gainful employment.
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1 ‘‘(3) POLICY.—It is the policy of the United

2 States that such a program shall be carried out in

3 a manner consistent with the following principles:

4 ‘‘(A) Individuals with disabilities, including

5 individuals with the most significant disabilities,

6 are generally presumed to be capable of engag7 ing in gainful employment and the provision of

8 individualized vocational rehabilitation services

9 can improve their ability to become gainfully

10 employed.

11 ‘‘(B) Individuals with disabilities must be

12 provided the opportunities to obtain gainful em13 ployment in integrated settings.

14 ‘‘(C) Individuals who are applicants for

15 such programs or eligible to participate in such

16 programs must be active and full partners, in

17 collaboration with qualified vocational rehabili18 tation professionals, in the vocational rehabilita19 tion process, making meaningful and informed

20 choices—

21 ‘‘(i) during assessments for determin22 ing eligibility and vocational rehabilitation

23 needs; and

24 ‘‘(ii) in the selection of employment

25 outcomes for the individuals, services need-
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1 ed to achieve the outcomes, entities provid2 ing such services, and the methods used to

3 secure such services.

4 ‘‘(D) Families and other natural supports

5 can play important roles in the success of a vo6 cational rehabilitation program, if the individual

7 with a disability involved requests, desires, or

8 needs such supports.

9 ‘‘(E) Vocational rehabilitation counselors

10 that are trained and prepared in accordance

11 with State policies and procedures as described

12 in section 101(a)(7)(A)(iii) (referred to individ13 ually in this title as a ‘qualified vocational reha14 bilitation counselor’), other qualified rehabilita15 tion personnel, and other qualified personnel fa16 cilitate the accomplishment of the employment

17 outcomes and objectives of an individual.

18 ‘‘(F) Individuals with disabilities and the

19 individuals’ representatives are full partners in

20 a vocational rehabilitation program and must be

21 involved on a regular basis and in a meaningful

22 manner with respect to policy development and

23 implementation.

24 ‘‘(G) Accountability measures must facili25 tate the accomplishment of the goals and objec-
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1 tives of the program, including providing voca2 tional rehabilitation services to, among others,

3 individuals with the most significant disabilities.

4 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—

5 ‘‘(1) IN GENERAL.—For the purpose of making

6 grants to States under part B to assist States in

7 meeting the costs of vocational rehabilitation services

8 provided in accordance with State plans under sec9 tion 101, there are authorized to be appropriated

10 such sums as may be necessary for fiscal years 1998

11 through 2004, except that the amount to be appro12 priated for a fiscal year shall not be less than the

13 amount of the appropriation under this paragraph

14 for the immediately preceding fiscal year, increased

15 by the percentage change in the Consumer Price

16 Index determined under subsection (c) for the imme17 diately preceding fiscal year.

18 ‘‘(2) REFERENCE.—The reference in paragraph

19 (1) to grants to States under part B shall not be

20 considered to refer to grants under section 112.

21 ‘‘(c) CONSUMER PRICE INDEX.—

22 ‘‘(1) PERCENTAGE CHANGE.—No later than

23 November 15 of each fiscal year (beginning with fis24 cal year 1979), the Secretary of Labor shall publish

25 in the Federal Register the percentage change in the
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1 Consumer Price Index published for October of the

2 preceding fiscal year and October of the fiscal year

3 in which such publication is made.

4 ‘‘(2) APPLICATION.—

5 ‘‘(A) INCREASE.—If in any fiscal year the

6 percentage change published under paragraph

7 (1) indicates an increase in the Consumer Price

8 Index, then the amount to be appropriated

9 under subsection (b)(1) for the subsequent fis10 cal year shall be at least the amount appro11 priated under subsection (b)(1) for the fiscal

12 year in which the publication is made under

13 paragraph (1) increased by such percentage

14 change.

15 ‘‘(B) NO INCREASE OR DECREASE.—If in

16 any fiscal year the percentage change published

17 under paragraph (1) does not indicate an in18 crease in the Consumer Price Index, then the

19 amount to be appropriated under subsection

20 (b)(1) for the subsequent fiscal year shall be at

21 least the amount appropriated under subsection

22 (b)(1) for the fiscal year in which the publica23 tion is made under paragraph (1).

24 ‘‘(3) DEFINITION.—For purposes of this sec25 tion, the term ‘Consumer Price Index’ means the
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1 Consumer Price Index for All Urban Consumers,

2 published monthly by the Bureau of Labor Statis3 tics.

4 ‘‘(d) EXTENSION.—

5 ‘‘(1) IN GENERAL.—

6 ‘‘(A) AUTHORIZATION OR DURATION OF

7 PROGRAM.—Unless the Congress in the regular

8 session which ends prior to the beginning of the

9 terminal fiscal year—

10 ‘‘(i) of the authorization of appropria11 tions for the program authorized by the

12 State grant program under part B of this

13 title; or

14 ‘‘(ii) of the duration of the program

15 authorized by the State grant program

16 under part B of this title;

17 has passed legislation which would have the ef18 fect of extending the authorization or duration

19 (as the case may be) of such program, such au20 thorization or duration is automatically ex21 tended for 1 additional year for the program

22 authorized by this title.

23 ‘‘(B) CALCULATION.—The amount author24 ized to be appropriated for the additional fiscal

25 year described in subparagraph (A) shall be an
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1 amount equal to the amount appropriated for

2 such program for fiscal year 2004, increased by

3 the percentage change in the Consumer Price

4 Index determined under subsection (c) for the

5 immediately preceding fiscal year, if the per6 centage change indicates an increase.

7 ‘‘(2) CONSTRUCTION.—

8 ‘‘(A) PASSAGE OF LEGISLATION.—For the

9 purposes of paragraph (1)(A), Congress shall

10 not be deemed to have passed legislation unless

11 such legislation becomes law.

12 ‘‘(B) ACTS OR DETERMINATIONS OF COM13 MISSIONER.—In any case where the Commis14 sioner is required under an applicable statute to

15 carry out certain acts or make certain deter16 minations which are necessary for the continu17 ation of the program authorized by this title, if

18 such acts or determinations are required during

19 the terminal year of such program, such acts

20 and determinations shall be required during any

21 fiscal year in which the extension described in

22 that part of paragraph (1) that follows clause

23 (ii) of paragraph (1)(A) is in effect.

24 ‘‘SEC. 101. STATE PLANS.

25 ‘‘(a) PLAN REQUIREMENTS.—
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1 ‘‘(1) IN GENERAL.—

2 ‘‘(A) SUBMISSION.—To be eligible to par3 ticipate in programs under this title, a State

4 shall submit to the Commissioner a State plan

5 for vocational rehabilitation services that meets

6 the requirements of this section, on the same

7 date that the State submits a State plan under

8 section 304 of the Workforce Investment Part9 nership Act of 1998.

10 ‘‘(B) NONDUPLICATION.—The State shall

11 not be required to submit, in the State plan for

12 vocational rehabilitation services, policies, pro13 cedures, or descriptions required under this title

14 that have been previously submitted to the

15 Commissioner and that demonstrate that such

16 State meets the requirements of this title, in17 cluding any policies, procedures, or descriptions

18 submitted under this title as in effect on the

19 day before the effective date of the Rehabilita20 tion Act Amendments of 1998.

21 ‘‘(C) DURATION.—The State plan shall re22 main in effect subject to the submission of such

23 modifications as the State determines to be nec24 essary or as the Commissioner may require

25 based on a change in State policy, a change in
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1 Federal law (including regulations), an inter2 pretation of this Act by a Federal court or the

3 highest court of the State, or a finding by the

4 Commissioner of State noncompliance with the

5 requirements of this Act, until the State sub6 mits and receives approval of a new State plan.

7 ‘‘(2) DESIGNATED STATE AGENCY; DESIGNATED

8 STATE UNIT.—

9 ‘‘(A) DESIGNATED STATE AGENCY.—The

10 State plan shall designate a State agency as the

11 sole State agency to administer the plan, or to

12 supervise the administration of the plan by a

13 local agency, except that—

14 ‘‘(i) where, under State law, the State

15 agency for individuals who are blind or an16 other agency that provides assistance or

17 services to adults who are blind is author18 ized to provide vocational rehabilitation

19 services to individuals who are blind, that

20 agency may be designated as the sole State

21 agency to administer the part of the plan

22 under which vocational rehabilitation serv23 ices are provided for individuals who are

24 blind (or to supervise the administration of

25 such part by a local agency) and a sepa-
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•S 1579 IS

1 rate State agency may be designated as

2 the sole State agency to administer or su3 pervise the administration of the rest of

4 the State plan;

5 ‘‘(ii) the Commissioner, on the request

6 of a State, may authorize the designated

7 State agency to share funding and admin8 istrative responsibility with another agency

9 of the State or with a local agency in order

10 to permit the agencies to carry out a joint

11 program to provide services to individuals

12 with disabilities, and may waive compli13 ance, with respect to vocational rehabilita14 tion services furnished under the joint pro15 gram, with the requirement of paragraph

16 (4) that the plan be in effect in all political

17 subdivisions of the State; and

18 ‘‘(iii) in the case of American Samoa,

19 the appropriate State agency shall be the

20 Governor of American Samoa.

21 ‘‘(B) DESIGNATED STATE UNIT.—The

22 State agency designated under subparagraph

23 (A) shall be—

24 ‘‘(i) a State agency primarily con25 cerned with vocational rehabilitation, or vo-
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•S 1579 IS

1 cational and other rehabilitation, of indi2 viduals with disabilities; or

3 ‘‘(ii) if not such an agency, the State

4 agency (or each State agency if 2 are so

5 designated) shall include a vocational reha6 bilitation bureau, division, or other organi7 zational unit that—

8 ‘‘(I) is primarily concerned with

9 vocational rehabilitation, or vocational

10 and other rehabilitation, of individuals

11 with disabilities, and is responsible for

12 the vocational rehabilitation program

13 of the designated State agency;

14 ‘‘(II) has a full-time director;

15 ‘‘(III) has a staff employed on

16 the rehabilitation work of the organi17 zational unit all or substantially all of

18 whom are employed full time on such

19 work; and

20 ‘‘(IV) is located at an organiza21 tional level and has an organizational

22 status within the designated State

23 agency comparable to that of other

24 major organizational units of the des25 ignated State agency.
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1 ‘‘(C) RESPONSIBILITY FOR SERVICES FOR

2 THE BLIND.—If the State has designated only

3 1 State agency pursuant to subparagraph (A),

4 the State may assign responsibility for the part

5 of the plan under which vocational rehabilita6 tion services are provided for individuals who

7 are blind to an organizational unit of the des8 ignated State agency and assign responsibility

9 for the rest of the plan to another organiza10 tional unit of the designated State agency, with

11 the provisions of subparagraph (B) applying

12 separately to each of the designated State units.

13 ‘‘(3) NON-FEDERAL SHARE.—The State plan

14 shall provide for financial participation by the State,

15 or if the State so elects, by the State and local agen16 cies, to provide the amount of the non-Federal share

17 of the cost of carrying out part B.

18 ‘‘(4) STATEWIDENESS.—The State plan shall

19 provide that the plan shall be in effect in all political

20 subdivisions of the State, except that in the case of

21 any activity that, in the judgment of the Commis22 sioner, is likely to assist in promoting the vocational

23 rehabilitation of substantially larger numbers of in24 dividuals with disabilities or groups of individuals

25 with disabilities, the Commissioner may waive com-
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1 pliance with the requirement that the plan be in ef2 fect in all political subdivisions of the State to the

3 extent and for such period as may be provided in

4 accordance with regulations prescribed by the Com5 missioner. The Commissioner may waive compliance

6 with the requirement only if the non-Federal share

7 of the cost of the vocational rehabilitation services

8 is provided from funds made available by a local

9 agency (including, to the extent permitted by such

10 regulations, funds contributed to such agency by a

11 private agency, organization, or individual).

12 ‘‘(5) ORDER OF SELECTION FOR VOCATIONAL

13 REHABILITATION SERVICES.—In the event that voca14 tional rehabilitation services cannot be provided to

15 all eligible individuals with disabilities in the State

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

17 ‘‘(A) show the order to be followed in se18 lecting eligible individuals to be provided voca19 tional rehabilitation services;

20 ‘‘(B) provide the justification for the order

21 of selection;

22 ‘‘(C) include an assurance that, in accord23 ance with criteria established by the State for

24 the order of selection, individuals with the most

25 significant disabilities will be selected first for
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1 the provision of vocational rehabilitation serv2 ices; and

3 ‘‘(D) provide that eligible individuals, who

4 do not meet the order of selection criteria, shall

5 have access to services provided through the in6 formation and referral system implemented

7 under paragraph (20).

8 ‘‘(6) METHODS FOR ADMINISTRATION.—

9 ‘‘(A) IN GENERAL.—The State plan shall

10 provide for such methods of administration as

11 are found by the Commissioner to be necessary

12 for the proper and efficient administration of

13 the plan.

14 ‘‘(B) EMPLOYMENT OF INDIVIDUALS WITH

15 DISABILITIES.—The State plan shall provide

16 that the designated State agency, and entities

17 carrying out community rehabilitation programs

18 in the State, who are in receipt of assistance

19 under this title shall take affirmative action to

20 employ and advance in employment qualified in21 dividuals with disabilities covered under, and on

22 the same terms and conditions as set forth in,

23 section 503.

24 ‘‘(C) PERSONNEL AND PROGRAM STAND25 ARDS FOR COMMUNITY REHABILITATION PRO-
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1 GRAMS.—The State plan shall provide that the

2 designated State unit shall establish, maintain,

3 and implement minimum standards for commu4 nity rehabilitation programs providing services

5 to individuals under this title, including—

6 ‘‘(i) standards—

7 ‘‘(I) governing community reha8 bilitation programs and qualified per9 sonnel utilized for the provision of vo10 cational rehabilitation services

11 through such programs; and

12 ‘‘(II) providing, to the extent

13 that providers of vocational rehabilita14 tion services utilize personnel who do

15 not meet the highest requirements in

16 the State applicable to a particular

17 profession or discipline, that the pro18 viders shall take steps to ensure the

19 retraining or hiring of personnel so

20 that such personnel meet appropriate

21 professional standards in the State;

22 and

23 ‘‘(ii) minimum standards to ensure

24 the availability of personnel, to the maxi25 mum extent feasible, trained to commu-
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•S 1579 IS

1 nicate in the native language or mode of

2 communication of an individual receiving

3 services through such programs.

4 ‘‘(D) FACILITIES.—The State plan shall

5 provide that facilities used in connection with

6 the delivery of services assisted under the State

7 plan shall comply with the Act entitled ‘An Act

8 to insure that certain buildings financed with

9 Federal funds are so designed and constructed

10 as to be accessible to the physically handi11 capped’, approved on August 12, 1968 (com12 monly known as the ‘Architectural Barriers Act

13 of 1968’), with section 504, and with the Amer14 icans with Disabilities Act of 1990.

15 ‘‘(7) COMPREHENSIVE SYSTEM OF PERSONNEL

16 DEVELOPMENT.—The State plan shall include—

17 ‘‘(A) a description, consistent with the pur18 poses of this Act, of a comprehensive system of

19 personnel development for personnel involved in

20 carrying out this title, which, at a minimum,

21 shall consist of—

22 ‘‘(i) a description of the procedures

23 and activities the designated State agency

24 will implement and undertake to address

25 the current and projected needs for person-
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•S 1579 IS

1 nel, and training needs of such personnel,

2 in the designated State unit to ensure that

3 the personnel are adequately trained and

4 prepared;

5 ‘‘(ii) a plan to coordinate and facili6 tate efforts between the designated State

7 unit and institutions of higher education

8 and professional associations to recruit,

9 prepare, and retain qualified personnel, in10 cluding personnel from culturally or lin11 guistically diverse backgrounds, and per12 sonnel that include individuals with disabil13 ities;

14 ‘‘(iii) a description of policies and pro15 cedures on the establishment and mainte16 nance of reasonable standards to ensure

17 that personnel, including professionals and

18 paraprofessionals, are adequately trained

19 and prepared, including—

20 ‘‘(I) standards that are consist21 ent with any national or State ap22 proved or recognized certification, li23 censing, registration, or other com24 parable requirements that apply to the

25 area in which such personnel are pro-
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•S 1579 IS

1 viding vocational rehabilitation serv2 ices; and

3 ‘‘(II) to the extent that such

4 standards are not based on the high5 est requirements in the State applica6 ble to a particular profession or dis7 cipline, the steps the State will take to

8 ensure the retraining or hiring of per9 sonnel within the designated State

10 unit so that such personnel meet ap11 propriate professional standards in

12 the State;

13 ‘‘(iv) a description of a system for

14 evaluating the performance of vocational

15 rehabilitation counselors, coordinators, and

16 other personnel used in the State, includ17 ing a description of how the system facili18 tates the accomplishment of the purpose

19 and policy of this title, including the policy

20 of serving individuals with the most signifi21 cant disabilities;

22 ‘‘(v) a description of standards to en23 sure the availability of personnel within the

24 designated State unit who are, to the max25 imum extent feasible, trained to commu-
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•S 1579 IS

1 nicate in the native language or mode of

2 communication of an applicant or eligible

3 individual; and

4 ‘‘(vi) a detailed description, including

5 a budget, of how the funds reserved under

6 subparagraph (B) will be expended to

7 carry out the comprehensive system for

8 personnel development, including the provi9 sion of in-service training for personnel of

10 the designated State unit;

11 ‘‘(B) assurances that—

12 ‘‘(i) at a minimum, the State will re13 serve from the allotment made to the State

14 under section 110 an amount to carry out

15 the comprehensive system of personnel de16 velopment, including the provision of in17 service training for personnel of the des18 ignated State unit;

19 ‘‘(ii) for fiscal year 1999, the amount

20 reserved will be equal to the amount of the

21 funds the State received for fiscal year

22 1998 to provide in-service training under

23 section 302, or for any State that did not

24 receive those funds for fiscal year 1998, an
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•S 1579 IS

1 amount determined by the Commissioner;

2 and

3 ‘‘(iii) for each subsequent year, the

4 amount reserved under this subparagraph

5 will be equal to the amount reserved under

6 this subparagraph for the previous fiscal

7 year, increased by the percentage change

8 in the Consumer Price Index published

9 under section 100(c) in such previous fiscal

10 year, if the percentage change indicates an

11 increase; and

12 ‘‘(C) an assurance that the standards

13 adopted by a State in accordance with subpara14 graph (A)(iii) shall not permit discrimination on

15 the basis of disability with regard to training

16 and hiring.

17 ‘‘(8) COMPARABLE SERVICES AND BENEFITS.—

18 ‘‘(A) DETERMINATION OF AVAILABILITY.—

19 ‘‘(i) IN GENERAL.—The State plan

20 shall include an assurance that, prior to

21 providing any vocational rehabilitation

22 service to an eligible individual, except

23 those services specified in paragraph

24 (5)(D) and in paragraphs (1) through (4)

25 and (14) of section 103(a), the designated
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•S 1579 IS

1 State unit will determine whether com2 parable services and benefits are available

3 under any other program (other than a

4 program carried out under this title) un5 less such a determination would interrupt

6 or delay—

7 ‘‘(I) the progress of the individ8 ual toward achieving the employment

9 outcome identified in the individual10 ized rehabilitation employment plan of

11 the individual in accordance with sec12 tion 102(b); or

13 ‘‘(II) the provision of such service

14 to any individual at extreme medical

15 risk.

16 ‘‘(ii) AWARDS AND SCHOLARSHIPS.—

17 For purposes of clause (i), comparable

18 benefits do not include awards and scholar19 ships based on merit.

20 ‘‘(B) INTERAGENCY AGREEMENT.—The

21 State plan shall include an assurance that the

22 Chief Executive Officer of the State or the des23 ignee of such officer will ensure that an inter24 agency agreement or other mechanism for inter25 agency coordination takes effect between any
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•S 1579 IS

1 appropriate public entity, including a compo2 nent of the statewide workforce investment sys3 tem, and the designated State unit, in order to

4 ensure the provision of vocational rehabilitation

5 services described in subparagraph (A) (other

6 than those services specified in paragraph

7 (5)(D), and in paragraphs (1) through (4) and

8 (14) of section 103(a)), that are included in the

9 individualized rehabilitation employment plan of

10 an eligible individual, including the provision of

11 such vocational rehabilitation services during

12 the pendency of any dispute described in clause

13 (iii). Such agreement or mechanism shall in14 clude the following:

15 ‘‘(i) AGENCY FINANCIAL RESPON16 SIBILITY.—An identification of, or a de17 scription of a method for defining, the fi18 nancial responsibility of such public entity

19 for providing such services, and a provision

20 stating that the financial responsibility of

21 such public entity for providing such serv22 ices, including the financial responsibility

23 of the State agency responsible for admin24 istering the medicaid program under title

25 XIX of the Social Security Act (42 U.S.C.
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•S 1579 IS

1 1396 et seq.), other public agencies, and

2 public institutions of higher education,

3 shall precede the financial responsibility of

4 the designated State unit especially with

5 regard to the provision of auxiliary aids

6 and services to the maximum extent al7 lowed by law.

8 ‘‘(ii) CONDITIONS, TERMS, AND PRO9 CEDURES OF REIMBURSEMENT.—Informa10 tion specifying the conditions, terms, and

11 procedures under which a designated State

12 unit shall pursue and obtain reimburse13 ment by other public agencies for providing

14 such services.

15 ‘‘(iii) INTERAGENCY DISPUTES.—In16 formation specifying procedures for resolv17 ing interagency disputes under the agree18 ment or other mechanism (including proce19 dures under which the designated State

20 unit may initiate proceedings to secure re21 imbursement from other agencies or other22 wise implement the provisions of the agree23 ment or mechanism).

24 ‘‘(iv) COORDINATION OF SERVICES

25 PROCEDURES.—Information specifying
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•S 1579 IS

1 policies and procedures for agencies to de2 termine and identify the interagency co3 ordination responsibilities of each agency

4 to promote the coordination and timely de5 livery of vocational rehabilitation services

6 (except those services specified in para7 graph (5)(D) and in paragraphs (1)

8 through (4) and (14) of section 103(a)).

9 ‘‘(C) RESPONSIBILITIES OF OTHER AGEN10 CIES.—

11 ‘‘(i) RESPONSIBILITIES UNDER OTHER

12 LAW.—Notwithstanding subparagraph (B),

13 if any public agency other than a des14 ignated State unit is obligated under Fed15 eral or State law, or assigned responsibility

16 under State policy or under this para17 graph, to provide or pay for any services

18 that are also considered to be vocational

19 rehabilitation services (other than those

20 specified in paragraph (5)(D) and in para21 graphs (1) through (4) and (14) of section

22 103(a)), such public agency shall fulfill

23 that obligation or responsibility, either di24 rectly or by contract or other arrangement.
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•S 1579 IS

1 ‘‘(ii) REIMBURSEMENT.—In a case in

2 which a public agency other than the des3 ignated State unit fails to fulfill the finan4 cial responsibility of the agency described

5 in this paragraph to provide services de6 scribed in clause (i), the designated State

7 unit may claim reimbursement from such

8 public agency for such services. Such pub9 lic agency shall reimburse the designated

10 State unit pursuant to the terms of the

11 interagency agreement or other mechanism

12 in effect under this paragraph according to

13 the procedures established pursuant to

14 subparagraph (B)(ii).

15 ‘‘(D) METHODS.—The Chief Executive Of16 ficer of a State may meet the requirements of

17 subparagraph (B) through—

18 ‘‘(i) a State statute or regulation;

19 ‘‘(ii) a signed agreement between the

20 respective agency officials that clearly iden21 tifies the responsibilities of each agency re22 lating to the provision of services; or

23 ‘‘(iii) another appropriate method, as

24 determined by the designated State unit.
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1 ‘‘(9) INDIVIDUALIZED REHABILITATION EM2 PLOYMENT PLAN.—

3 ‘‘(A) DEVELOPMENT AND IMPLEMENTA4 TION.—The State plan shall include an assur5 ance that an individualized rehabilitation em6 ployment plan meeting the requirements of sec7 tion 102(b) will be developed and implemented

8 in a timely manner for an individual subsequent

9 to the determination of the eligibility of the in10 dividual for services under this title, except that

11 in a State operating under an order of selection

12 described in paragraph (5), the plan will be de13 veloped and implemented only for individuals

14 meeting the order of selection criteria of the

15 State.

16 ‘‘(B) PROVISION OF SERVICES.—The State

17 plan shall include an assurance that such serv18 ices will be provided in accordance with the pro19 visions of the individualized rehabilitation em20 ployment plan.

21 ‘‘(10) REPORTING REQUIREMENTS.—

22 ‘‘(A) IN GENERAL.—The State plan shall

23 include an assurance that the designated State

24 agency will submit reports in the form and level

25 of detail and at the time required by the Com-
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•S 1579 IS

1 missioner regarding applicants for, and eligible

2 individuals receiving, services under this title.

3 ‘‘(B) ANNUAL REPORTING.—In specifying

4 the information to be submitted in the reports,

5 the Commissioner shall require annual report6 ing on the eligible individuals receiving the serv7 ices, on those specific data elements described

8 in section 321(d)(2) of the Workforce Invest9 ment Partnership Act of 1998 that are deter10 mined by the Secretary to be relevant in assess11 ing the performance of designated State units

12 in carrying out the vocational rehabilitation

13 program established under this title.

14 ‘‘(C) ADDITIONAL DATA.—In specifying

15 the information required to be submitted in the

16 reports, the Commissioner shall require addi17 tional data with regard to applicants and eligi18 ble individuals related to—

19 ‘‘(i) the number of applicants and the

20 number of individuals determined to be eli21 gible or ineligible for the program carried

22 out under this title, including—

23 ‘‘(I) the number of individuals

24 determined to be ineligible because

25 they did not require vocational reha-
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•S 1579 IS

1 bilitation services, as provided in sec2 tion 102(a); and

3 ‘‘(II) the number of individuals

4 determined, on the basis of clear and

5 convincing evidence, to be too severely

6 disabled to benefit in terms of an em7 ployment outcome from vocational re8 habilitation services;

9 ‘‘(ii) the number of individuals who

10 received vocational rehabilitation services

11 through the program, including—

12 ‘‘(I) the number who received

13 services under paragraph (5)(D), but

14 not assistance under an individualized

15 rehabilitation employment plan; and

16 ‘‘(II) the number who received

17 assistance under an individualized re18 habilitation employment plan consist19 ent with section 102(b);

20 ‘‘(iii) the number of individuals receiv21 ing public assistance and the amount of

22 the public assistance on the date of appli23 cation and on the last date of participation

24 in the program carried out under this title;
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•S 1579 IS

1 ‘‘(iv) the number of individuals with

2 disabilities who ended their participation in

3 the program and the number who achieved

4 employment outcomes after receiving voca5 tional rehabilitation services; and

6 ‘‘(v) the number of individuals who

7 ended their participation in the program

8 and who were employed 6 months and 12

9 months after securing or regaining employ10 ment, or, in the case of individuals whose

11 employment outcome was to retain or ad12 vance in employment, who were employed

13 6 months and 12 months after achieving

14 their employment outcome, including—

15 ‘‘(I) the number of such individ16 uals who earned the minimum wage

17 rate specified in section 6(a)(1) of the

18 Fair Labor Standards Act of 1938

19 (29 U.S.C. 206(a)(1)) or another

20 wage level set by the Commissioner,

21 during such employment;

22 ‘‘(II) the number of such individ23 uals who received employment benefits

24 from an employer during such employ25 ment; and
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•S 1579 IS

1 ‘‘(III) the number of such indi2 viduals whose public assistance was

3 terminated or reduced after such par4 ticipation;

5 ‘‘(D) COSTS AND RESULTS.—The Commis6 sioner shall also require that the designated

7 State agency include in the reports information

8 on—

9 ‘‘(i) the costs under this title of con10 ducting administration, providing assess11 ment services, counseling and guidance,

12 and other direct services provided by des13 ignated State agency staff, providing serv14 ices purchased under individualized reha15 bilitation employment plans, supporting

16 small business enterprises, establishing, de17 veloping, and improving community reha18 bilitation programs, and providing other

19 services to groups; and

20 ‘‘(ii) the results of annual evaluation

21 by the State of program effectiveness

22 under paragraph (15)(E).

23 ‘‘(E) ADDITIONAL INFORMATION.—The

24 Commissioner shall require that each des25 ignated State unit include in the reports addi-
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•S 1579 IS

1 tional information related to the applicants and

2 eligible individuals, obtained either through a

3 complete count or sampling, including—

4 ‘‘(i) information on—

5 ‘‘(I) age, gender, race, ethnicity,

6 education, type of impairment, sever7 ity of disability, and whether the indi8 viduals are students described in

9 clause (i) or (ii)(II) of paragraph

10 (11)(D);

11 ‘‘(II) dates of application, deter12 mination of eligibility or ineligibility,

13 initiation of the individualized reha14 bilitation employment plan, and termi15 nation of participation in the pro16 gram;

17 ‘‘(III) earnings at the time of ap18 plication for the program and termi19 nation of participation in the pro20 gram;

21 ‘‘(IV) work status and occupa22 tion;

23 ‘‘(V) types of services, including

24 assistive technology services and as-
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•S 1579 IS

1 sistive technology devices, provided

2 under the program;

3 ‘‘(VI) types of public or private

4 programs or agencies that furnished

5 services under the program; and

6 ‘‘(VII) the reasons for individuals

7 terminating participation in the pro8 gram without achieving an employ9 ment outcome; and

10 ‘‘(ii) information necessary to deter11 mine the success of the State in meeting—

12 ‘‘(I) the State performance meas13 ures established under section 321(b)

14 of the Workforce Investment Partner15 ship Act of 1998 to the extent the

16 measures are applicable to individuals

17 with disabilities; and

18 ‘‘(II) the standards and indica19 tors established pursuant to section

20 106.

21 ‘‘(F) COMPLETENESS AND CONFIDENTIAL22 ITY.—The State plan shall include an assurance

23 that the information submitted in the reports

24 will include a complete count, except as pro25 vided in subparagraph (E), of the applicants
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•S 1579 IS

1 and eligible individuals, in a manner permitting

2 the greatest possible cross-classification of data

3 and that the identity of each individual for

4 which information is supplied under this para5 graph will be kept confidential.

6 ‘‘(11) COOPERATION, COLLABORATION, AND CO7 ORDINATION.—

8 ‘‘(A) COOPERATIVE AGREEMENTS WITH

9 OTHER COMPONENTS OF STATEWIDE WORK10 FORCE INVESTMENT SYSTEMS.—The State plan

11 shall provide that the designated State unit or

12 designated State agency shall enter into a coop13 erative agreement with other entities that are

14 components of the statewide workforce invest15 ment system of the State, regarding the system,

16 which agreement may provide for—

17 ‘‘(i) provision of intercomponent staff

18 training and technical assistance with re19 gard to—

20 ‘‘(I) the availability and benefits

21 of, and eligibility standards for, voca22 tional rehabilitation services; and

23 ‘‘(II) the promotion of equal, ef24 fective, and meaningful participation

25 by individuals with disabilities in
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•S 1579 IS

1 workforce investment activities in the

2 State through the promotion of pro3 gram accessibility, the use of non4 discriminatory policies and proce5 dures, and the provision of reasonable

6 accommodations, auxiliary aids and

7 services, and rehabilitation technology,

8 for individuals with disabilities;

9 ‘‘(ii) use of information and financial

10 management systems that link all compo11 nents of the statewide workforce invest12 ment system, that link the components to

13 other electronic networks, including non14 visual electronic networks, and that relate

15 to such subjects as labor market informa16 tion, and information on job vacancies, ca17 reer planning, and workforce investment

18 activities;

19 ‘‘(iii) use of customer service features

20 such as common intake and referral proce21 dures, customer databases, resource infor22 mation, and human services hotlines;

23 ‘‘(iv) establishment of cooperative ef24 forts with employers to—

25 ‘‘(I) facilitate job placement; and
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•S 1579 IS

1 ‘‘(II) carry out any other activi2 ties that the designated State unit

3 and the employers determine to be ap4 propriate;

5 ‘‘(v) identification of staff roles, re6 sponsibilities, and available resources, and

7 specification of the financial responsibility

8 of each component of the statewide work9 force investment system with regard to

10 paying for necessary services (consistent

11 with State law and Federal requirements);

12 and

13 ‘‘(vi) specification of procedures for

14 resolving disputes among such components.

15 ‘‘(B) REPLICATION OF COOPERATIVE

16 AGREEMENTS.—The State plan shall provide

17 for the replication of such cooperative agree18 ments at the local level between individual of19 fices of the designated State unit and local enti20 ties carrying out activities through the state21 wide workforce investment system.

22 ‘‘(C) INTERAGENCY COOPERATION WITH

23 OTHER AGENCIES.—The State plan shall in24 clude descriptions of interagency cooperation

25 with, and utilization of the services and facili-
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•S 1579 IS

1 ties of, the Federal, State, and local agencies

2 and programs that are not carrying out activi3 ties through the statewide workforce investment

4 system.

5 ‘‘(D) COORDINATION WITH EDUCATION OF6 FICIALS.—The State plan shall contain plans,

7 policies, and procedures for coordination be8 tween the designated State agency and edu9 cation officials that are designed to facilitate

10 the transition of students who are individuals

11 with disabilities described in section 7(20)(B)

12 from the receipt of educational services in

13 school to the receipt of vocational rehabilitation

14 services under this title, including information

15 on a formal interagency agreement with the

16 State educational agency that, at a minimum,

17 provides for—

18 ‘‘(i) consultation and technical assist19 ance to assist educational agencies in plan20 ning for the transition of students who are

21 individuals with disabilities described in

22 section 7(20)(B) from school to post-school

23 activities, including vocational rehabilita24 tion services;
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•S 1579 IS

1 ‘‘(ii)(I) transition planning by person2 nel of the designated State agency and

3 educational agency personnel for students

4 with disabilities described in clause (i) that

5 facilitates the development and completion

6 of their individualized education programs

7 under section 614(d) of the Individuals

8 with Disabilities Education Act (as added

9 by section 101 of Public Law 105–17); and

10 ‘‘(II) transition planning and services

11 for students who are eligible to receive

12 services under this title and who will be

13 exiting school in the school year in which

14 the planning and services are provided;

15 ‘‘(iii) the roles and responsibilities, in16 cluding financial responsibilities, of each

17 agency, including provisions for determin18 ing State lead agencies and qualified per19 sonnel responsible for the transition serv20 ices described in clause (ii)(II); and

21 ‘‘(iv) procedures for outreach to and

22 identification of students with disabilities

23 described in clause (ii)(II) who need the

24 transition services.
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1 ‘‘(E) COORDINATION WITH STATEWIDE

2 INDEPENDENT LIVING COUNCILS AND INDE3 PENDENT LIVING CENTERS.—The State plan

4 shall include an assurance that the designated

5 State unit, the Statewide Independent Living

6 Council established under section 705, and the

7 independent living centers described in part C

8 of title VII within the State have developed

9 working relationships and coordinate their ac10 tivities.

11 ‘‘(F) COOPERATIVE AGREEMENT WITH RE12 CIPIENTS OF GRANTS FOR SERVICES TO AMER13 ICAN INDIANS.—In applicable cases, the State

14 plan shall include an assurance that the State

15 has entered into a formal cooperative agreement

16 with each grant recipient in the State that re17 ceives funds under part C. The agreement shall

18 describe strategies for collaboration and coordi19 nation in providing vocational rehabilitation

20 services to American Indians who are individ21 uals with disabilities, including—

22 ‘‘(i) strategies for interagency referral

23 and information sharing that will assist in

24 eligibility determinations and the develop-
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•S 1579 IS

1 ment of individualized rehabilitation em2 ployment plans;

3 ‘‘(ii) procedures for ensuring that

4 American Indians who are individuals with

5 disabilities and are living near a reserva6 tion or tribal service area are provided vo7 cational rehabilitation services; and

8 ‘‘(iii) provisions for sharing resources

9 in cooperative studies and assessments,

10 joint training activities, and other collabo11 rative activities designed to improve the

12 provision of services to American Indians

13 who are individuals with disabilities.

14 ‘‘(12) RESIDENCY.—The State plan shall in15 clude an assurance that the State will not impose a

16 residence requirement that excludes from services

17 provided under the plan any individual who is

18 present in the State.

19 ‘‘(13) SERVICES TO AMERICAN INDIANS.—The

20 State plan shall include an assurance that, except as

21 otherwise provided in part C, the designated State

22 agency will provide vocational rehabilitation services

23 to American Indians who are individuals with dis24 abilities residing in the State to the same extent as

25 the designated State agency provides such services
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•S 1579 IS

1 to other significant populations of individuals with

2 disabilities residing in the State.

3 ‘‘(14) ANNUAL REVIEW OF INDIVIDUALS IN EX4 TENDED EMPLOYMENT OR OTHER EMPLOYMENT

5 UNDER SPECIAL CERTIFICATE PROVISIONS OF THE

6 FAIR LABOR STANDARDS ACT OF 1938.—The State

7 plan shall provide for—

8 ‘‘(A) an annual review and reevaluation of

9 the status of each individual with a disability

10 served under this title who has achieved an em11 ployment outcome either in an extended em12 ployment setting in a community rehabilitation

13 program or any other employment under sec14 tion 14(c) of the Fair Labor Standards Act (29

15 U.S.C. 214(c)) for 2 years after the achieve16 ment of the outcome (and annually thereafter if

17 requested by the individual or, if appropriate,

18 the individual’s representative), to determine

19 the interests, priorities, and needs of the indi20 vidual with respect to competitive employment

21 or training for competitive employment;

22 ‘‘(B) input into the review and reevalua23 tion, and a signed acknowledgement that such

24 review and reevaluation have been conducted,
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•S 1579 IS

1 by the individual with a disability, or, if appro2 priate, the individual’s representative; and

3 ‘‘(C) maximum efforts, including the iden4 tification and provision of vocational rehabilita5 tion services, reasonable accommodations, and

6 other necessary support services, to assist the

7 individuals described in subparagraph (A) in

8 engaging in competitive employment.

9 ‘‘(15) ANNUAL STATE GOALS AND REPORTS OF

10 PROGRESS.—

11 ‘‘(A) ASSESSMENTS AND ESTIMATES.—The

12 State plan shall—

13 ‘‘(i) include the results of a com14 prehensive, statewide assessment, jointly

15 conducted by the designated State unit and

16 the State Rehabilitation Council (if the

17 State has such a Council) every 3 years,

18 describing the rehabilitation needs of indi19 viduals with disabilities residing within the

20 State, particularly the vocational rehabili21 tation services needs of—

22 ‘‘(I) individuals with the most

23 significant disabilities, including their

24 need for supported employment serv25 ices;
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•S 1579 IS

1 ‘‘(II) individuals with disabilities

2 who are minorities and individuals

3 with disabilities who have been

4 unserved or underserved by the voca5 tional rehabilitation program carried

6 out under this title; and

7 ‘‘(III) individuals with disabilities

8 served through other components of

9 the statewide workforce investment

10 system (other than the vocational re11 habilitation program), as identified by

12 such individuals and personnel assist13 ing such individuals through the com14 ponents;

15 ‘‘(ii) include an assessment of the

16 need to establish, develop, or improve com17 munity rehabilitation programs within the

18 State; and

19 ‘‘(iii) provide that the State shall sub20 mit to the Commissioner a report contain21 ing information regarding updates to the

22 assessments, for any year in which the

23 State updates the assessments.

24 ‘‘(B) ANNUAL ESTIMATES.—The State

25 plan shall include, and shall provide that the
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1 State shall annually submit a report to the

2 Commissioner that includes, State estimates

3 of—

4 ‘‘(i) the number of individuals in the

5 State who are eligible for services under

6 this title;

7 ‘‘(ii) the number of such individuals

8 who will receive services provided with

9 funds provided under part B and under

10 part C of title VI, including, if the des11 ignated State agency uses an order of se12 lection in accordance with paragraph (5),

13 estimates of the number of individuals to

14 be served under each priority category

15 within the order; and

16 ‘‘(iii) the costs of the services de17 scribed in clause (i), including, if the des18 ignated State agency uses an order of se19 lection in accordance with paragraph (5),

20 the service costs for each priority category

21 within the order.

22 ‘‘(C) GOALS AND PRIORITIES.—

23 ‘‘(i) IN GENERAL.—The State plan

24 shall identify the goals and priorities of the

25 State in carrying out the program. The
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•S 1579 IS

1 goals and priorities shall be jointly devel2 oped, agreed to, and reviewed annually by

3 the designated State unit and the State

4 Rehabilitation Council, if the State has

5 such a Council. Any revisions to the goals

6 and priorities shall be jointly agreed to by

7 the designated State unit and the State

8 Rehabilitation Council, if the State has

9 such a Council. The State plan shall pro10 vide that the State shall submit to the

11 Commissioner a report containing informa12 tion regarding revisions in the goals and

13 priorities, for any year in which the State

14 revises the goals and priorities.

15 ‘‘(ii) BASIS.—The State goals and pri16 orities shall be based on an analysis of—

17 ‘‘(I) the comprehensive assess18 ment described in subparagraph (A),

19 including any updates to the assess20 ment;

21 ‘‘(II) the performance of the

22 State on the standards and indicators

23 established under section 106; and

24 ‘‘(III) other available information

25 on the operation and the effectiveness
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•S 1579 IS

1 of the vocational rehabilitation pro2 gram carried out in the State, includ3 ing any reports received from the

4 State Rehabilitation Council, under

5 section 105(c) and the findings and

6 recommendations from monitoring ac7 tivities conducted under section 107.

8 ‘‘(iii) SERVICE AND OUTCOME GOALS

9 FOR CATEGORIES IN ORDER OF SELEC10 TION.—If the designated State agency uses

11 an order of selection in accordance with

12 paragraph (5), the State shall also identify

13 in the State plan service and outcome

14 goals and the time within which these

15 goals may be achieved for individuals in

16 each priority category within the order.

17 ‘‘(D) STRATEGIES.—The State plan shall

18 contain a description of the strategies the State

19 will use to address the needs identified in the

20 assessment conducted under subparagraph (A)

21 and achieve the goals and priorities identified in

22 subparagraph (C), including—

23 ‘‘(i) the methods to be used to expand

24 and improve services to individuals with

25 disabilities, including how a broad range of
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•S 1579 IS

1 assistive technology services and assistive

2 technology devices will be provided to such

3 individuals at each stage of the rehabilita4 tion process and how such services and de5 vices will be provided to such individuals

6 on a statewide basis;

7 ‘‘(ii) outreach procedures to identify

8 and serve individuals with disabilities who

9 are minorities and individuals with disabil10 ities who have been unserved or under11 served by the vocational rehabilitation pro12 gram;

13 ‘‘(iii) where necessary, the plan of the

14 State for establishing, developing, or im15 proving community rehabilitation pro16 grams;

17 ‘‘(iv) strategies to improve the per18 formance of the State with respect to the

19 evaluation standards and performance indi20 cators established pursuant to section 106;

21 and

22 ‘‘(v) strategies for assisting entities

23 carrying out other components of the

24 statewide workforce investment system

25 (other than the vocational rehabilitation
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•S 1579 IS

1 program) in assisting individuals with dis2 abilities.

3 ‘‘(E) EVALUATION AND REPORTS OF

4 PROGRESS.—The State plan shall—

5 ‘‘(i) include the results of an evalua6 tion of the effectiveness of the vocational

7 rehabilitation program, and a joint report

8 by the designated State unit and the State

9 Rehabilitation Council, if the State has

10 such a Council, to the Commissioner on

11 the progress made in improving the effec12 tiveness from the previous year, which

13 evaluation and report shall include—

14 ‘‘(I) an evaluation of the extent

15 to which the goals identified in sub16 paragraph (C) were achieved;

17 ‘‘(II) a description of strategies

18 that contributed to achieving the

19 goals;

20 ‘‘(III) to the extent to which the

21 goals were not achieved, a description

22 of the factors that impeded that

23 achievement; and

24 ‘‘(IV) an assessment of the per25 formance of the State on the stand-
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•S 1579 IS

1 ards and indicators established pursu2 ant to section 106; and

3 ‘‘(ii) provide that the designated State

4 unit and the State Rehabilitation Council,

5 if the State has such a Council, shall joint6 ly submit to the Commissioner an annual

7 report that contains the information de8 scribed in clause (i).

9 ‘‘(16) PUBLIC COMMENT.—The State plan

10 shall—

11 ‘‘(A) provide that the designated State

12 agency, prior to the adoption of any policies or

13 procedures governing the provision of vocational

14 rehabilitation services under the State plan (in15 cluding making any amendment to such policies

16 and procedures), shall conduct public meetings

17 throughout the State, after providing adequate

18 notice of the meetings, to provide the public, in19 cluding individuals with disabilities, an oppor20 tunity to comment on the policies or proce21 dures, and actively consult with the Director of

22 the client assistance program carried out under

23 section 112, and, as appropriate, Indian tribes,

24 tribal organizations, and Native Hawaiian orga25 nizations on the policies or procedures; and
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•S 1579 IS

1 ‘‘(B) provide that the designated State

2 agency (or each designated State agency if 2

3 agencies are designated) and any sole agency

4 administering the plan in a political subdivision

5 of the State, shall take into account, in connec6 tion with matters of general policy arising in

7 the administration of the plan, the views of—

8 ‘‘(i) individuals and groups of individ9 uals who are recipients of vocational reha10 bilitation services, or in appropriate cases,

11 the individuals’ representatives;

12 ‘‘(ii) personnel working in programs

13 that provide vocational rehabilitation serv14 ices to individuals with disabilities;

15 ‘‘(iii) providers of vocational rehabili16 tation services to individuals with disabil17 ities;

18 ‘‘(iv) the director of the client assist19 ance program; and

20 ‘‘(v) the State Rehabilitation Council,

21 if the State has such a Council.

22 ‘‘(17) PROHIBITION ON USE OF FUNDS FOR

23 CONSTRUCTION OF FACILITIES.—The State plan

24 shall contain an assurance that the State will not
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•S 1579 IS

1 use any funds made available under this title for the

2 construction of facilities.

3 ‘‘(18) INNOVATION AND EXPANSION ACTIVI4 TIES.—The State plan shall—

5 ‘‘(A) include an assurance that the State

6 will reserve and use a portion of the funds allot7 ted to the State under section 110—

8 ‘‘(i) for the development and imple9 mentation of innovative approaches to ex10 pand and improve the provision of voca11 tional rehabilitation services to individuals

12 with disabilities under this title, particu13 larly individuals with the most significant

14 disabilities, consistent with the findings of

15 the statewide assessment and goals and

16 priorities of the State as described in para17 graph (15); and

18 ‘‘(ii) to support the funding of—

19 ‘‘(I) the State Rehabilitation

20 Council, if the State has such a Coun21 cil, consistent with the plan prepared

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

23 ‘‘(II) the Statewide Independent

24 Living Council, consistent with the
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•S 1579 IS

1 plan prepared under section

2 705(e)(1);

3 ‘‘(B) include a description of how the re4 served funds will be utilized; and

5 ‘‘(C) provide that the State shall submit to

6 the Commissioner an annual report containing

7 a description of how the reserved funds will be

8 utilized.

9 ‘‘(19) CHOICE.—The State plan shall include

10 an assurance that applicants and eligible individuals

11 or, as appropriate, the applicants’ representatives or

12 individuals’ representatives, will be provided infor13 mation and support services to assist the applicants

14 and individuals in exercising informed choice

15 throughout the rehabilitation process, consistent

16 with the provisions of section 102(d).

17 ‘‘(20) INFORMATION AND REFERRAL SERV18 ICES.—

19 ‘‘(A) IN GENERAL.—The State plan shall

20 include an assurance that the designated State

21 agency will implement an information and re22 ferral system adequate to ensure that individ23 uals with disabilities will be provided accurate

24 vocational rehabilitation information, using ap25 propriate modes of communication, to assist
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•S 1579 IS

1 such individuals in preparing for, securing, re2 taining, or regaining employment, and will be

3 appropriately referred to Federal and State pro4 grams (other than the vocational rehabilitation

5 program carried out under this title), including

6 other components of the statewide workforce in7 vestment system in the State.

8 ‘‘(B) SERVICES.—In providing activities

9 through the system established under subpara10 graph (A), the State may include services con11 sisting of the provision of individualized coun12 seling and guidance, individualized vocational

13 exploration, supervised job placement referrals,

14 and assistance in securing reasonable accom15 modations for eligible individuals who do not

16 meet the order of selection criteria used by the

17 State, to the extent that such services are not

18 purchased by the designated State unit.

19 ‘‘(21) STATE INDEPENDENT CONSUMER-CON20 TROLLED COMMISSION; STATE REHABILITATION

21 COUNCIL.—

22 ‘‘(A) COMMISSION OR COUNCIL.—The

23 State plan shall provide that either—

24 ‘‘(i) the designated State agency is an

25 independent commission that—
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•S 1579 IS

1 ‘‘(I) is responsible under State

2 law for operating, or overseeing the

3 operation of, the vocational rehabilita4 tion program in the State;

5 ‘‘(II) is consumer-controlled by

6 persons who—

7 ‘‘(aa) are individuals with

8 physical or mental impairments

9 that substantially limit major life

10 activities; and

11 ‘‘(bb) represent individuals

12 with a broad range of disabilities,

13 unless the designated State unit

14 under the direction of the com15 mission is the State agency for

16 individuals who are blind;

17 ‘‘(III) includes family members,

18 advocates, or other representatives, of

19 individuals with mental impairments;

20 and

21 ‘‘(IV) undertakes the functions

22 set forth in section 105(c)(4); or

23 ‘‘(ii) the State has established a State

24 Rehabilitation Council that meets the cri-
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•S 1579 IS

1 teria set forth in section 105 and the des2 ignated State unit—

3 ‘‘(I) in accordance with para4 graph (15), jointly develops, agrees to,

5 and reviews annually State goals and

6 priorities, and jointly submits annual

7 reports of progress with the Council;

8 ‘‘(II) regularly consults with the

9 Council regarding the development,

10 implementation, and revision of State

11 policies and procedures of general ap12 plicability pertaining to the provision

13 of vocational rehabilitation services;

14 ‘‘(III) includes in the State plan

15 and in any revision to the State plan,

16 a summary of input provided by the

17 Council, including recommendations

18 from the annual report of the Council

19 described in section 105(c)(5), the re20 view and analysis of consumer satis21 faction described in section 105(c)(4),

22 and other reports prepared by the

23 Council, and the response of the des24 ignated State unit to such input and

25 recommendations, including expla-
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•S 1579 IS

1 nations for rejecting any input or rec2 ommendation; and

3 ‘‘(IV) transmits to the Council—

4 ‘‘(aa) all plans, reports, and

5 other information required under

6 this title to be submitted to the

7 Secretary;

8 ‘‘(bb) all policies, and infor9 mation on all practices and pro10 cedures, of general applicability

11 provided to or used by rehabilita12 tion personnel in carrying out

13 this title; and

14 ‘‘(cc) copies of due process

15 hearing decisions issued under

16 this title, which shall be trans17 mitted in such a manner as to

18 ensure that the identity of the

19 participants in the hearings is

20 kept confidential.

21 ‘‘(B) MORE THAN 1 DESIGNATED STATE

22 AGENCY.—In the case of a State that, under

23 section 101(a)(2), designates a State agency to

24 administer the part of the State plan under

25 which vocational rehabilitation services are pro-
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•S 1579 IS

1 vided for individuals who are blind (or to super2 vise the administration of such part by a local

3 agency) and designates a separate State agency

4 to administer the rest of the State plan, the

5 State shall either establish a State Rehabilita6 tion Council for each of the 2 agencies that

7 does not meet the requirements in subpara8 graph (A)(i), or establish 1 State Rehabilitation

9 Council for both agencies if neither agency

10 meets the requirements of subparagraph (A)(i).

11 ‘‘(22) SUPPORTED EMPLOYMENT STATE PLAN

12 SUPPLEMENT.—The State plan shall include an as13 surance that the State has an acceptable plan for

14 carrying out part C of title VI, including the use of

15 funds under that part to supplement funds made

16 available under part B of this title to pay for the

17 cost of services leading to supported employment.

18 ‘‘(23) ELECTRONIC AND INFORMATION TECH19 NOLOGY REGULATIONS.—The State plan shall in20 clude an assurance that the State, and any recipient

21 or subrecipient of funds made available to the State

22 under this title—

23 ‘‘(A) will comply with the requirements of

24 section 508, including the regulations estab25 lished under that section; and
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•S 1579 IS

1 ‘‘(B) will designate an employee to coordi2 nate efforts to comply with section 508 and will

3 adopt grievance procedures that incorporate due

4 process standards and provide for the prompt

5 and equitable resolution of complaints concern6 ing such requirements.

7 ‘‘(24) ANNUAL UPDATES.—The plan shall in8 clude an assurance that the State will submit to the

9 Commissioner reports containing annual updates of

10 the information required under paragraph (7) (relat11 ing to a comprehensive system of personnel develop12 ment) and any other updates of the information re13 quired under this section that are requested by the

14 Commissioner, and annual reports as provided in

15 paragraphs (15) (relating to assessments, estimates,

16 goals and priorities, and reports of progress) and

17 (18) (relating to innovation and expansion), at such

18 time and in such manner as the Secretary may de19 termine to be appropriate.

20 ‘‘(b) APPROVAL; DISAPPROVAL OF THE STATE

21 PLAN.—

22 ‘‘(1) APPROVAL.—The Commissioner shall ap23 prove any plan that the Commissioner finds fulfills

24 the conditions specified in this section, and shall dis-
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•S 1579 IS

1 approve any plan that does not fulfill such condi2 tions.

3 ‘‘(2) DISAPPROVAL.—Prior to disapproval of

4 the State plan, the Commissioner shall notify the

5 State of the intention to disapprove the plan and

6 shall afford the State reasonable notice and oppor7 tunity for a hearing.

8 ‘‘SEC. 102. ELIGIBILITY AND INDIVIDUALIZED REHABILITA9 TION EMPLOYMENT PLAN.

10 ‘‘(a) ELIGIBILITY.—

11 ‘‘(1) CRITERION FOR ELIGIBILITY.—An individ12 ual is eligible for assistance under this title if the in13 dividual—

14 ‘‘(A) is an individual with a disability

15 under section 7(20)(A); and

16 ‘‘(B) requires vocational rehabilitation

17 services to prepare for, secure, retain, or regain

18 employment.

19 ‘‘(2) PRESUMPTION OF BENEFIT.—

20 ‘‘(A) DEMONSTRATION.—For purposes of

21 this section, an individual shall be presumed to

22 be an individual that can benefit in terms of an

23 employment outcome from vocational rehabilita24 tion services under section 7(20)(A), unless the

25 designated State unit involved can demonstrate
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•S 1579 IS

1 by clear and convincing evidence that such indi2 vidual is incapable of benefiting in terms of an

3 employment outcome from vocational rehabilita4 tion services due to the severity of the disability

5 of the individual.

6 ‘‘(B) METHODS.—In making the dem7 onstration required under subparagraph (A),

8 the designated State unit shall explore the indi9 vidual’s abilities, capabilities, and capacity to

10 perform in work situations, through the use of

11 trial work experiences, as described in section

12 7(2)(D), with appropriate supports provided

13 through the designated State unit, except under

14 limited circumstances when an individual can

15 not take advantage of such experiences. Such

16 experiences shall be of sufficient variety and

17 over a sufficient period of time to determine the

18 eligibility of the individual or to determine the

19 existence of clear and convincing evidence that

20 the individual is incapable of benefiting in

21 terms of an employment outcome from voca22 tional rehabilitation services due to the severity

23 of the disability of the individual.

24 ‘‘(3) PRESUMPTION OF ELIGIBILITY.—For pur25 poses of this section, an individual who has a disabil-
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•S 1579 IS

1 ity or is blind as determined pursuant to title II or

2 title XVI of the Social Security Act (42 U.S.C. 401

3 et seq. and 1381 et seq.) shall be—

4 ‘‘(A) considered to be an individual with a

5 significant disability under section 7(21)(A);

6 and

7 ‘‘(B) presumed to be eligible for vocational

8 rehabilitation services under this title (provided

9 that the individual intends to achieve an em10 ployment outcome consistent with the unique

11 strengths, resources, priorities, concerns, abili12 ties, capabilities, interests, and informed choice

13 of the individual) unless the designated State

14 unit involved can demonstrate by clear and con15 vincing evidence that such individual is incapa16 ble of benefiting in terms of an employment

17 outcome from vocational rehabilitation services

18 due to the severity of the disability of the indi19 vidual in accordance with paragraph (2).

20 ‘‘(4) USE OF EXISTING INFORMATION.—

21 ‘‘(A) IN GENERAL.—To the maximum ex22 tent appropriate and consistent with the re23 quirements of this part, for purposes of deter24 mining the eligibility of an individual for voca25 tional rehabilitation services under this title and
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•S 1579 IS

1 developing the individualized rehabilitation em2 ployment plan described in subsection (b) for

3 the individual, the designated State unit shall

4 use information that is existing and current (as

5 of the date of the determination of eligibility or

6 of the development of the individualized reha7 bilitation employment plan), including informa8 tion available from other programs and provid9 ers, particularly information used by education

10 officials and the Social Security Administration,

11 information provided by the individual and the

12 family of the individual, and information ob13 tained under the assessment for determining

14 eligibility and vocational rehabilitation needs.

15 ‘‘(B) DETERMINATIONS BY OFFICIALS OF

16 OTHER AGENCIES.—Determinations made by

17 officials of other agencies, particularly edu18 cation officials described in section

19 101(a)(11)(D), regarding whether an individual

20 satisfies 1 or more factors relating to whether

21 an individual is an individual with a disability

22 under section 7(20)(A) or an individual with a

23 significant disability under section 7(21)(A)

24 shall be used, to the extent appropriate and

25 consistent with the requirements of this part, in
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•S 1579 IS

1 assisting the designated State unit in making

2 such determinations.

3 ‘‘(C) BASIS.—The determination of eligi4 bility for vocational rehabilitation services shall

5 be based on—

6 ‘‘(i) the review of existing data de7 scribed in section 7(2)(A)(i); and

8 ‘‘(ii) to the extent that such data is

9 unavailable or insufficient for determining

10 eligibility, the provision of assessment ac11 tivities described in section 7(2)(A)(ii).

12 ‘‘(5) DETERMINATION OF INELIGIBILITY.—If

13 an individual who applies for services under this title

14 is determined, based on the review of existing data

15 and, to the extent necessary, the assessment activi16 ties described in section 7(2)(A)(ii), not to be eligible

17 for the services, or if an eligible individual receiving

18 services under an individualized rehabilitation em19 ployment plan is determined to be no longer eligible

20 for the services—

21 ‘‘(A) the ineligibility determination in22 volved shall be made only after providing an op23 portunity for full consultation with the individ24 ual or, as appropriate, the individual’s rep25 resentative;
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•S 1579 IS

1 ‘‘(B) the individual or, as appropriate, the

2 individual’s representative, shall be informed in

3 writing (supplemented as necessary by other ap4 propriate modes of communication consistent

5 with the informed choice of the individual) of

6 the ineligibility determination, including—

7 ‘‘(i) the reasons for the determination;

8 and

9 ‘‘(ii) a description of the means by

10 which the individual may express, and seek

11 a remedy for, any dissatisfaction with the

12 determination, including the procedures for

13 review by an impartial hearing officer

14 under subsection (c);

15 ‘‘(C) the individual shall be provided with

16 a description of services available from the cli17 ent assistance program under section 112 and

18 information on how to contact that program;

19 and

20 ‘‘(D) any ineligibility determination that is

21 based on a finding that the individual is incapa22 ble of benefiting in terms of an employment

23 outcome shall be reviewed—

24 ‘‘(i) within 12 months; and
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•S 1579 IS

1 ‘‘(ii) annually thereafter, if such a re2 view is requested by the individual or, if

3 appropriate, by the individual’s representa4 tive.

5 ‘‘(6) TIMEFRAME FOR MAKING AN ELIGIBILITY

6 DETERMINATION.—The designated State unit shall

7 determine whether an individual is eligible for voca8 tional rehabilitation services under this title within a

9 reasonable period of time, not to exceed 60 days,

10 after the individual has submitted an application for

11 the services unless—

12 ‘‘(A) exceptional and unforeseen cir13 cumstances beyond the control of the des14 ignated State unit preclude making an eligi15 bility determination within 60 days and the des16 ignated State unit and the individual agree to

17 a specific extension of time; or

18 ‘‘(B) the designated State unit is exploring

19 an individual’s abilities, capabilities, and capac20 ity to perform in work situations under para21 graph (2)(B).

22 ‘‘(b) DEVELOPMENT OF AN INDIVIDUALIZED REHA23 BILITATION EMPLOYMENT PLAN.—

24 ‘‘(1) OPTIONS FOR DEVELOPING AN INDIVID25 UALIZED REHABILITATION EMPLOYMENT PLAN.—If
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•S 1579 IS

1 an individual is determined to be eligible for voca2 tional rehabilitation services as described in sub3 section (a), the designated State unit shall complete

4 the assessment for determining eligibility and voca5 tional rehabilitation needs, as appropriate, and shall

6 provide the eligible individual or the individual’s rep7 resentative, in writing and in an appropriate mode

8 of communication, with information on the individ9 ual’s options for developing an individualized reha10 bilitation employment plan, including—

11 ‘‘(A) information on the availability of as12 sistance, to the extent determined to be appro13 priate by the eligible individual, from a quali14 fied vocational rehabilitation counselor in devel15 oping all or part of the individualized rehabilita16 tion employment plan for the individual, and

17 the availability of technical assistance in devel18 oping all or part of the individualized rehabilita19 tion employment plan for the individual;

20 ‘‘(B) a description of the full range of com21 ponents that shall be included in an individual22 ized rehabilitation employment plan;

23 ‘‘(C) as appropriate—

24 ‘‘(i) an explanation of agency guide25 lines and criteria associated with financial
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•S 1579 IS

1 commitments concerning an individualized

2 rehabilitation employment plan;

3 ‘‘(ii) additional information the eligi4 ble individual requests or the designated

5 State unit determines to be necessary; and

6 ‘‘(iii) information on the availability of

7 assistance in completing designated State

8 agency forms required in developing an in9 dividualized rehabilitation employment

10 plan; and

11 ‘‘(D)(i) a description of the rights and

12 remedies available to such an individual includ13 ing, if appropriate, recourse to the processes set

14 forth in subsection (c); and

15 ‘‘(ii) a description of the availability of a

16 client assistance program established pursuant

17 to section 112 and information about how to

18 contact the client assistance program.

19 ‘‘(2) MANDATORY PROCEDURES.—

20 ‘‘(A) WRITTEN DOCUMENT.—An individ21 ualized rehabilitation employment plan shall be

22 a written document prepared on forms provided

23 by the designated State unit.

24 ‘‘(B) INFORMED CHOICE.—An individual25 ized rehabilitation employment plan shall be de-
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•S 1579 IS

1 veloped and implemented in a manner that af2 fords eligible individuals the opportunity to ex3 ercise informed choice in selecting an employ4 ment outcome, the specific vocational rehabilita5 tion services to be provided under the plan, the

6 entity that will provide the vocational rehabilita7 tion services, and the methods used to procure

8 the services, consistent with subsection (d).

9 ‘‘(C) SIGNATORIES.—An individualized re10 habilitation employment plan shall be—

11 ‘‘(i) agreed to, and signed by, such eli12 gible individual or, as appropriate, the in13 dividual’s representative; and

14 ‘‘(ii) approved and signed by a quali15 fied vocational rehabilitation counselor em16 ployed by the designated State unit.

17 ‘‘(D) COPY.—A copy of the individualized

18 rehabilitation employment plan for an eligible

19 individual shall be provided to the individual or,

20 as appropriate, to the individual’s representa21 tive, in writing and, if appropriate, in the native

22 language or mode of communication of the indi23 vidual or, as appropriate, of the individual’s

24 representative.
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•S 1579 IS

1 ‘‘(E) REVIEW AND AMENDMENT.—The in2 dividualized rehabilitation employment plan

3 shall be—

4 ‘‘(i) reviewed at least annually by—

5 ‘‘(I) a qualified vocational reha6 bilitation counselor; and

7 ‘‘(II) the eligible individual or, as

8 appropriate, the individual’s rep9 resentative; and

10 ‘‘(ii) amended, as necessary, by the in11 dividual or, as appropriate, the individual’s

12 representative, in collaboration with a rep13 resentative of the designated State agency

14 or a qualified vocational rehabilitation

15 counselor, if there are substantive changes

16 in the employment outcome, the vocational

17 rehabilitation services to be provided, or

18 the service providers of the services (which

19 amendments shall not take effect until

20 agreed to and signed by the eligible indi21 vidual or, as appropriate, the individual’s

22 representative, and by a qualified voca23 tional rehabilitation counselor).

24 ‘‘(3) MANDATORY COMPONENTS OF AN INDIVID25 UALIZED REHABILITATION EMPLOYMENT PLAN.—
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•S 1579 IS

1 Regardless of the approach selected by an eligible

2 individual to develop an individualized rehabilitation

3 employment plan, an individualized rehabilitation

4 employment plan shall, at a minimum, contain man5 datory components consisting of—

6 ‘‘(A) a description of the specific employ7 ment outcome that is chosen by the eligible in8 dividual, consistent with the unique strengths,

9 resources, priorities, concerns, abilities, capa10 bilities, interests, and informed choice of the eli11 gible individual, and, to the maximum extent

12 appropriate, results in employment in an inte13 grated setting;

14 ‘‘(B)(i) a description of the specific voca15 tional rehabilitation services that are—

16 ‘‘(I) needed to achieve the employ17 ment outcome, including, as appropriate,

18 the provision of assistive technology devices

19 and assistive technology services, and per20 sonal assistance services, including training

21 in the management of such services; and

22 ‘‘(II) provided in the most integrated

23 setting that is appropriate for the service

24 involved and is consistent with the in-
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•S 1579 IS

1 formed choice of the eligible individual;

2 and

3 ‘‘(ii) timelines for the achievement of the

4 employment outcome and for the initiation of

5 the services;

6 ‘‘(C) a description of the entity chosen by

7 the eligible individual or, as appropriate, the in8 dividual’s representative, that will provide the

9 vocational rehabilitation services, and the meth10 ods used to procure such services;

11 ‘‘(D) a description of criteria to evaluate

12 progress toward achievement of the employment

13 outcome;

14 ‘‘(E) the terms and conditions of the indi15 vidualized rehabilitation employment plan, in16 cluding, as appropriate, information describ17 ing—

18 ‘‘(i) the responsibilities of the des19 ignated State unit;

20 ‘‘(ii) the responsibilities of the eligible

21 individual, including—

22 ‘‘(I) the responsibilities the eligi23 ble individual will assume in relation

24 to the employment outcome of the in25 dividual;
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•S 1579 IS

1 ‘‘(II) if applicable, the participa2 tion of the eligible individual in paying

3 for the costs of the plan; and

4 ‘‘(III) the responsibility of the el5 igible individual with regard to apply6 ing for and securing comparable bene7 fits as described in section 101(a)(8);

8 ‘‘(iii) the responsibilities of other enti9 ties as the result of arrangements made

10 pursuant to comparable services or benefits

11 requirements as described in section

12 101(a)(8);

13 ‘‘(F) for an eligible individual with the

14 most significant disabilities for whom an em15 ployment outcome in a supported employment

16 setting has been determined to be appropriate,

17 information identifying—

18 ‘‘(i) the extended services needed by

19 the eligible individual; and

20 ‘‘(ii) the source of extended services

21 or, to the extent that the source of the ex22 tended services cannot be identified at the

23 time of the development of the individual24 ized rehabilitation employment plan, a de25 scription of the basis for concluding that
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•S 1579 IS

1 there is a reasonable expectation that such

2 source will become available; and

3 ‘‘(G) as determined to be necessary, a

4 statement of projected need for post-employ5 ment services.

6 ‘‘(c) PROCEDURES.—

7 ‘‘(1) IN GENERAL.—Each State shall establish

8 procedures for mediation of, and procedures for re9 view through an impartial due process hearing of,

10 determinations made by personnel of the designated

11 State unit that affect the provision of vocational re12 habilitation services to applicants or eligible individ13 uals.

14 ‘‘(2) NOTIFICATION.—

15 ‘‘(A) RIGHTS AND ASSISTANCE.—The pro16 cedures shall provide that an applicant or an el17 igible individual or, as appropriate, the appli18 cant’s representative or individual’s representa19 tive shall be notified of—

20 ‘‘(i) the right to obtain review of de21 terminations described in paragraph (1) in

22 an impartial due process hearing under

23 paragraph (5);
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•S 1579 IS

1 ‘‘(ii) the right to pursue mediation

2 with respect to the determinations under

3 paragraph (4); and

4 ‘‘(iii) the availability of assistance

5 from the client assistance program under

6 section 112.

7 ‘‘(B) TIMING.—Such notification shall be

8 provided in writing—

9 ‘‘(i) at the time an individual applies

10 for vocational rehabilitation services pro11 vided under this title;

12 ‘‘(ii) at the time the individualized re13 habilitation employment plan for the indi14 vidual is developed; and

15 ‘‘(iii) upon reduction, suspension, or

16 cessation of vocational rehabilitation serv17 ices for the individual.

18 ‘‘(3) EVIDENCE AND REPRESENTATION.—The

19 procedures required under this subsection shall, at a

20 minimum—

21 ‘‘(A) provide an opportunity for an appli22 cant or an eligible individual, or, as appro23 priate, the applicant’s representative or individ24 ual’s representative, to submit at the mediation

25 session or hearing evidence and information to
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•S 1579 IS

1 support the position of the applicant or eligible

2 individual; and

3 ‘‘(B) include provisions to allow an appli4 cant or an eligible individual to be represented

5 in the mediation session or hearing by a person

6 selected by the applicant or eligible individual.

7 ‘‘(4) MEDIATION.—

8 ‘‘(A) PROCEDURES.—Each State shall en9 sure that procedures are established and imple10 mented under this subsection to allow parties

11 described in paragraph (1) to disputes involving

12 any determination described in paragraph (1)

13 to resolve such disputes through a mediation

14 process that, at a minimum, shall be available

15 whenever a hearing is requested under this sub16 section.

17 ‘‘(B) REQUIREMENTS.—Such procedures

18 shall ensure that the mediation process—

19 ‘‘(i) is voluntary on the part of the

20 parties;

21 ‘‘(ii) is not used to deny or delay the

22 right of an individual to a hearing under

23 this subsection, or to deny any other right

24 afforded under this title; and
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1 ‘‘(iii) is conducted by a qualified and

2 impartial mediator who is trained in effec3 tive mediation techniques.

4 ‘‘(C) LIST OF MEDIATORS.—The State

5 shall maintain a list of individuals who are

6 qualified mediators and knowledgeable in laws

7 (including regulations) relating to the provision

8 of vocational rehabilitation services under this

9 title, from which the mediators described in

10 subparagraph (B) shall be selected.

11 ‘‘(D) COST.—The State shall bear the cost

12 of the mediation process.

13 ‘‘(E) SCHEDULING.—Each session in the

14 mediation process shall be scheduled in a timely

15 manner and shall be held in a location that is

16 convenient to the parties to the dispute.

17 ‘‘(F) AGREEMENT.—An agreement reached

18 by the parties to the dispute in the mediation

19 process shall be set forth in a written mediation

20 agreement.

21 ‘‘(G) CONFIDENTIALITY.—Discussions that

22 occur during the mediation process shall be con23 fidential and may not be used as evidence in

24 any subsequent due process hearing or civil pro25 ceeding. The parties to the mediation process
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•S 1579 IS

1 may be required to sign a confidentiality pledge

2 prior to the commencement of such process.

3 ‘‘(H) CONSTRUCTION.—Nothing in this

4 subsection shall be construed to preclude the

5 parties to such a dispute from informally resolv6 ing the dispute prior to proceedings under this

7 paragraph or paragraph (5), if the informal

8 process used is not used to deny or delay the

9 right of the applicant or eligible individual to a

10 hearing under this subsection or to deny any

11 other right afforded under this title.

12 ‘‘(5) HEARINGS.—

13 ‘‘(A) OFFICER.—A due process hearing de14 scribed in paragraph (2) shall be conducted by

15 an impartial hearing officer who shall issue a

16 decision based on the provisions of the approved

17 State plan, this Act (including regulations im18 plementing this Act), and State regulations and

19 policies that are consistent with the Federal re20 quirements specified in this title. The officer

21 shall provide the decision in writing to the ap22 plicant or eligible individual, or, as appropriate,

23 the applicant’s representative or individual’s

24 representative, and to the designated State

25 unit.
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•S 1579 IS

1 ‘‘(B) LIST.—The designated State unit

2 shall maintain a list of qualified impartial hear3 ing officers who are knowledgeable in laws (in4 cluding regulations) relating to the provision of

5 vocational rehabilitation services under this title

6 from which the officer described in subpara7 graph (A) shall be selected. For the purposes of

8 maintaining such list, impartial hearing officers

9 shall be identified jointly by—

10 ‘‘(i) the designated State unit; and

11 ‘‘(ii) members of the Council or com12 mission, as appropriate, described in sec13 tion 101(a)(21).

14 ‘‘(C) SELECTION.—Such an impartial

15 hearing officer shall be selected to hear a par16 ticular case relating to a determination—

17 ‘‘(i) on a random basis; or

18 ‘‘(ii) by agreement between—

19 ‘‘(I) the Director of the des20 ignated State unit and the individual

21 with a disability; or

22 ‘‘(II) in appropriate cases, the

23 Director and the individual’s rep24 resentative.
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•S 1579 IS

1 ‘‘(D) PROCEDURES FOR SEEKING RE2 VIEW.—A State may establish procedures to en3 able a party involved in a hearing under this

4 paragraph to seek an impartial review of the

5 decision of the hearing officer under subpara6 graph (A) by—

7 ‘‘(i) the chief official of the designated

8 State agency if the State has established

9 both a designated State agency and a des10 ignated State unit under section 101(a)(2);

11 or

12 ‘‘(ii) an official from the office of the

13 Governor or the chief official of another

14 State office or agency that has supervisory

15 authority over the designated State agency.

16 ‘‘(E) REVIEW REQUEST.—If the State es17 tablishes impartial review procedures under

18 subparagraph (D), either party may request the

19 review of the decision of the hearing officer

20 within 20 days after the decision.

21 ‘‘(F) REVIEWING OFFICIAL.—The review22 ing official described in subparagraph (D)

23 shall—

24 ‘‘(i) in conducting the review, provide

25 an opportunity for the submission of addi-
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•S 1579 IS

1 tional evidence and information relevant to

2 a final decision concerning the matter

3 under review;

4 ‘‘(ii) not overturn or modify the deci5 sion of the hearing officer, or part of the

6 decision, that supports the position of the

7 applicant or eligible individual unless the

8 reviewing official concludes, based on clear

9 and convincing evidence, that the decision

10 of the impartial hearing officer is clearly

11 erroneous on the basis of being contrary to

12 the approved State plan, this Act (includ13 ing regulations implementing this Act) or

14 any State regulation or policy that is con15 sistent with the Federal requirements spec16 ified in this title; and

17 ‘‘(iii) make a final decision with re18 spect to the matter in a timely manner and

19 provide such decision in writing to the ap20 plicant or eligible individual, or, as appro21 priate, the applicant’s representative or in22 dividual’s representative, and to the des23 ignated State unit, including a full report

24 of the findings and the grounds for such

25 decision.
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•S 1579 IS

1 ‘‘(G) FINALITY OF HEARING DECISION.—A

2 decision made after a hearing under subpara3 graph (A) shall be final, except that a party

4 may request an impartial review if the State

5 has established procedures for such review

6 under subparagraph (D) and a party involved

7 in a hearing may bring a civil action under sub8 paragraph (J).

9 ‘‘(H) FINALITY OF REVIEW.—A decision

10 made under subparagraph (F) shall be final un11 less such a party brings a civil action under

12 subparagraph (J).

13 ‘‘(I) IMPLEMENTATION.—If a party brings

14 a civil action under subparagraph (J) to chal15 lenge a final decision of a hearing officer under

16 subparagraph (A) or to challenge a final deci17 sion of a State reviewing official under subpara18 graph (F), the final decision involved shall be

19 implemented pending review by the court.

20 ‘‘(J) CIVIL ACTION.—

21 ‘‘(i) IN GENERAL.—Any party ag22 grieved by a final decision described in

23 subparagraph (I), may bring a civil action

24 for review of such decision. The action may

25 be brought in any State court of competent
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•S 1579 IS

1 jurisdiction or in a district court of the

2 United States of competent jurisdiction

3 without regard to the amount in con4 troversy.

5 ‘‘(ii) PROCEDURE.—In any action

6 brought under this subparagraph, the

7 court—

8 ‘‘(I) shall receive the records re9 lating to the hearing under subpara10 graph (A) and the records relating to

11 the State review under subparagraphs

12 (D) through (F), if applicable;

13 ‘‘(II) shall hear additional evi14 dence at the request of a party to the

15 action; and

16 ‘‘(III) basing the decision of the

17 court on the preponderance of the evi18 dence, shall grant such relief as the

19 court determines to be appropriate.

20 ‘‘(6) HEARING BOARD.—

21 ‘‘(A) IN GENERAL.—A fair hearing board,

22 established by a State before January 1, 1985,

23 and authorized under State law to review deter24 minations or decisions under this Act, is au-
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•S 1579 IS

1 thorized to carry out the responsibilities of the

2 impartial hearing officer under this subsection.

3 ‘‘(B) APPLICATION.—The provisions of

4 paragraphs (1), (2), and (3) that relate to due

5 process hearings do not apply, and paragraph

6 (5) (other than subparagraph (J)) does not

7 apply, to any State to which subparagraph (A)

8 applies.

9 ‘‘(7) IMPACT ON PROVISION OF SERVICES.—Un10 less the individual with a disability so requests, or,

11 in an appropriate case, the individual’s representa12 tive, so requests, pending a decision by a mediator,

13 hearing officer, or reviewing officer under this sub14 section, the designated State unit shall not institute

15 a suspension, reduction, or termination of services

16 being provided for the individual, including evalua17 tion and assessment services and plan development,

18 unless such services have been obtained through mis19 representation, fraud, collusion, or criminal conduct

20 on the part of the individual, or the individual’s rep21 resentative.

22 ‘‘(8) INFORMATION COLLECTION AND RE23 PORT.—

24 ‘‘(A) IN GENERAL.—The Director of the

25 designated State unit shall collect information
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•S 1579 IS

1 described in subparagraph (B) and prepare and

2 submit to the Commissioner a report containing

3 such information. The Commissioner shall pre4 pare a summary of the information furnished

5 under this paragraph and include the summary

6 in the annual report submitted under section

7 13. The Commissioner shall also collect copies

8 of the final decisions of impartial hearing offi9 cers conducting hearings under this subsection

10 and State officials conducting reviews under

11 this subsection.

12 ‘‘(B) INFORMATION.—The information re13 quired to be collected under this subsection in14 cludes—

15 ‘‘(i) a copy of the standards used by

16 State reviewing officials for reviewing deci17 sions made by impartial hearing officers

18 under this subsection;

19 ‘‘(ii) information on the number of

20 hearings and reviews sought from the im21 partial hearing officers and the State re22 viewing officials, including the type of com23 plaints and the issues involved;

24 ‘‘(iii) information on the number of

25 hearing decisions made under this sub-
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•S 1579 IS

1 section that were not reviewed by the State

2 reviewing officials; and

3 ‘‘(iv) information on the number of

4 the hearing decisions that were reviewed by

5 the State reviewing officials, and, based on

6 such reviews, the number of hearing deci7 sions that were—

8 ‘‘(I) sustained in favor of an ap9 plicant or eligible individual;

10 ‘‘(II) sustained in favor of the

11 designated State unit;

12 ‘‘(III) reversed in whole or in

13 part in favor of the applicant or eligi14 ble individual; and

15 ‘‘(IV) reversed in whole or in

16 part in favor of the designated State

17 unit.

18 ‘‘(C) CONFIDENTIALITY.—The confiden19 tiality of records of applicants and eligible indi20 viduals maintained by the designated State unit

21 shall not preclude the access of the Commis22 sioner to those records for the purposes de23 scribed in subparagraph (A).

24 ‘‘(d) POLICIES AND PROCEDURES.—Each designated

25 State agency, in consultation with the State Rehabilitation
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•S 1579 IS

1 Council, if the State has such a council, shall, consistent

2 with section 100(a)(3)(C), develop and implement written

3 policies and procedures that enable each individual who

4 is an applicant for or eligible to receive vocational rehabili5 tation services under this title to exercise informed choice

6 throughout the vocational rehabilitation process carried

7 out under this title, including policies and procedures that

8 require the designated State agency—

9 ‘‘(1) to inform each such applicant and eligible

10 individual (including students with disabilities de11 scribed in section 101(a)(11)(D)(ii)(II) who are

12 making the transition from programs under the re13 sponsibility of an educational agency to programs

14 under the responsibility of the designated State

15 unit), through appropriate modes of communication,

16 about the availability of, and opportunities to exer17 cise, informed choice, including the availability of

18 support services for individuals with cognitive or

19 other disabilities who require assistance in exercising

20 informed choice, throughout the vocational rehabili21 tation process;

22 ‘‘(2) to assist applicants and eligible individuals

23 in exercising informed choice in decisions related to

24 the provision of assessment services under this title;
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•S 1579 IS

1 ‘‘(3) to develop and implement flexible procure2 ment policies and methods that facilitate the provi3 sion of services, and that afford eligible individuals

4 meaningful choices among the methods used to pro5 cure services, under this title;

6 ‘‘(4) to provide or assist eligible individuals in

7 acquiring information that enables those individuals

8 to exercise informed choice under this title in the se9 lection of—

10 ‘‘(A) the employment outcome;

11 ‘‘(B) the specific vocational rehabilitation

12 services needed to achieve the employment out13 come;

14 ‘‘(C) the entity that will provide the serv15 ices;

16 ‘‘(D) the employment setting and the set17 tings in which the services will be provided; and

18 ‘‘(E) the methods available for procuring

19 the services; and

20 ‘‘(5) to ensure that the availability and scope of

21 informed choice provided under this section is con22 sistent with the obligations of the designated State

23 agency under this title.
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•S 1579 IS

1 ‘‘SEC. 103. VOCATIONAL REHABILITATION SERVICES.

2 ‘‘(a) VOCATIONAL REHABILITATION SERVICES FOR

3 INDIVIDUALS.—Vocational rehabilitation services provided

4 under this title are any services described in an individual5 ized rehabilitation employment plan necessary to assist an

6 individual with a disability in preparing for, securing, re7 taining, or regaining an employment outcome that is con8 sistent with the strengths, resources, priorities, concerns,

9 abilities, capabilities, interests, and informed choice of the

10 individual, including—

11 ‘‘(1) an assessment for determining eligibility

12 and vocational rehabilitation needs by qualified per13 sonnel, including, if appropriate, an assessment by

14 personnel skilled in rehabilitation technology;

15 ‘‘(2) counseling and guidance, including infor16 mation and support services to assist an individual

17 in exercising informed choice consistent with the

18 provisions of section 102(d);

19 ‘‘(3) referral and other services to secure need20 ed services from other agencies through agreements

21 developed under section 101(b)(11), if such services

22 are not available under this title;

23 ‘‘(4) job-related services, including job search

24 and placement assistance, job retention services, fol25 lowup services, and follow-along services;
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•S 1579 IS

1 ‘‘(5) vocational and other training services, in2 cluding the provision of personal and vocational ad3 justment services, books, tools, and other training

4 materials, except that no training services provided

5 at an institution of higher education shall be paid

6 for with funds under this title unless maximum ef7 forts have been made by the designated State unit

8 and the individual to secure grant assistance, in

9 whole or in part, from other sources to pay for such

10 training;

11 ‘‘(6) to the extent that financial support is not

12 readily available from a source (such as through

13 health insurance of the individual or through com14 parable services and benefits consistent with section

15 101(a)(8)(A)), other than the designated State unit,

16 diagnosis and treatment of physical and mental im17 pairments, including—

18 ‘‘(A) corrective surgery or therapeutic

19 treatment necessary to correct or substantially

20 modify a physical or mental condition that con21 stitutes a substantial impediment to employ22 ment, but is of such a nature that such correc23 tion or modification may reasonably be expected

24 to eliminate or reduce such impediment to em25 ployment within a reasonable length of time;
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•S 1579 IS

1 ‘‘(B) necessary hospitalization in connec2 tion with surgery or treatment;

3 ‘‘(C) prosthetic and orthotic devices;

4 ‘‘(D) eyeglasses and visual services as pre5 scribed by qualified personnel who meet State

6 licensure laws and who are selected by the indi7 vidual;

8 ‘‘(E) special services (including transplan9 tation and dialysis), artificial kidneys, and sup10 plies necessary for the treatment of individuals

11 with end-stage renal disease; and

12 ‘‘(F) diagnosis and treatment for mental

13 and emotional disorders by qualified personnel

14 who meet State licensure laws;

15 ‘‘(7) maintenance for additional costs incurred

16 while participating in an assessment for determining

17 eligibility and vocational rehabilitation needs or

18 while receiving services under an individualized reha19 bilitation employment plan;

20 ‘‘(8) transportation, including adequate training

21 in the use of public transportation vehicles and sys22 tems, that is provided in connection with the provi23 sion of any other service described in this section

24 and needed by the individual to achieve an employ25 ment outcome;
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•S 1579 IS

1 ‘‘(9) on-the-job or other related personal assist2 ance services provided while an individual is receiv3 ing other services described in this section;

4 ‘‘(10) interpreter services provided by qualified

5 personnel for individuals who are deaf or hard of

6 hearing, and reader services for individuals who are

7 determined to be blind, after an examination by

8 qualified personnel who meet State licensure laws;

9 ‘‘(11) rehabilitation teaching services, and ori10 entation and mobility services, for individuals who

11 are blind;

12 ‘‘(12) occupational licenses, tools, equipment,

13 and initial stocks and supplies;

14 ‘‘(13) technical assistance and other consulta15 tion services to conduct market analyses, develop

16 business plans, and otherwise provide resources, to

17 the extent such resources are authorized to be pro18 vided under the statewide workforce investment sys19 tem, to eligible individuals who are pursuing self-em20 ployment or establishing a small business operation

21 as an employment outcome;

22 ‘‘(14) rehabilitation technology, including tele23 communications, sensory, and other technological

24 aids and devices;
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•S 1579 IS

1 ‘‘(15) transition services for students with dis2 abilities described in section 101(a)(11)(D)(ii)(II),

3 that facilitate the achievement of the employment

4 outcome identified in the individualized rehabilita5 tion employment plan;

6 ‘‘(16) supported employment services;

7 ‘‘(17) services to the family of an individual

8 with a disability necessary to assist the individual to

9 achieve an employment outcome; and

10 ‘‘(18) specific post-employment services nec11 essary to assist an individual with a disability to, re12 tain, regain, or advance in employment.

13 ‘‘(b) VOCATIONAL REHABILITATION SERVICES FOR

14 GROUPS OF INDIVIDUALS.—Vocational rehabilitation serv15 ices provided for the benefit of groups of individuals with

16 disabilities may also include the following:

17 ‘‘(1) In the case of any type of small business

18 operated by individuals with significant disabilities

19 the operation of which can be improved by manage20 ment services and supervision provided by the des21 ignated State agency, the provision of such services

22 and supervision, along or together with the acquisi23 tion by the designated State agency of vending facili24 ties or other equipment and initial stocks and sup25 plies.
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•S 1579 IS

1 ‘‘(2) The establishment, development, or im2 provement of community rehabilitation programs,

3 that promise to contribute substantially to the reha4 bilitation of a group of individuals but that are not

5 related directly to the individualized rehabilitation

6 employment plan of any 1 individual with a disabil7 ity. Such programs shall be used to provide services

8 that promote integration and competitive employ9 ment.

10 ‘‘(3) The use of telecommunications systems

11 (including telephone, television, satellite, radio, and

12 other similar systems) that have the potential for

13 substantially improving delivery methods of activities

14 described in this section and developing appropriate

15 programming to meet the particular needs of indi16 viduals with disabilities.

17 ‘‘(4)(A) Special services to provide nonvisual ac18 cess to information for individuals who are blind, in19 cluding the use of telecommunications, Braille,

20 sound recordings, or other appropriate media.

21 ‘‘(B) Captioned television, films, or video cas22 settes for individuals who are deaf or hard of hear23 ing.

24 ‘‘(C) Tactile materials for individuals who are

25 deaf-blind.
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•S 1579 IS

1 ‘‘(D) Other special services that provide infor2 mation through tactile, vibratory, auditory, and vis3 ual media.

4 ‘‘(5) Technical assistance and support services

5 to businesses that are not subject to title I of the

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

7 12111 et seq.) and that are seeking to employ indi8 viduals with disabilities.

9 ‘‘(6) Consultative and technical assistance serv10 ices to assist educational agencies in planning for

11 the transition of students with disabilities described

12 in section 101(a)(11)(D)(i) from school to post13 school activities, including employment.

14 ‘‘SEC. 104. NON-FEDERAL SHARE FOR ESTABLISHMENT OF

15 PROGRAM.

16 ‘‘For the purpose of determining the amount of pay17 ments to States for carrying out part B of this title (or

18 to an Indian tribe under part C), the non-Federal share,

19 subject to such limitations and conditions as may be pre20 scribed in regulations by the Commissioner, shall include

21 contributions of funds made by any private agency, orga22 nization, or individual to a State or local agency to assist

23 in meeting the costs of establishment of a community re24 habilitation program, which would be regarded as State

25 or local funds except for the condition, imposed by the con-
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•S 1579 IS

1 tributor, limiting use of such funds to establishment of

2 such a program.’’.

3 ‘‘SEC. 105. STATE REHABILITATION COUNCIL.

4 ‘‘(a) ESTABLISHMENT.—

5 ‘‘(1) IN GENERAL.—Except as provided in sec6 tion 101(a)(21)(A)(i), to be eligible to receive finan7 cial assistance under this title a State shall establish

8 a State Rehabilitation Council (referred to in this

9 section as the ‘Council’) in accordance with this sec10 tion.

11 ‘‘(2) SEPARATE AGENCY FOR INDIVIDUALS WHO

12 ARE BLIND.—A State that designates a State agency

13 to administer the part of the State plan under which

14 vocational rehabilitation services are provided for in15 dividuals who are blind under section

16 101(a)(2)(A)(i) may establish a separate Council in

17 accordance with this section to perform the duties of

18 such a Council with respect to such State agency.

19 ‘‘(b) COMPOSITION AND APPOINTMENT.—

20 ‘‘(1) COMPOSITION.—

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

22 a separate Council established under subsection

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

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

25 Statewide Independent Living Council es-
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•S 1579 IS

1 tablished under section 705, which rep2 resentative may be the chairperson or

3 other designee of the Council;

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

5 parent training and information center es6 tablished pursuant to section 682(a) of the

7 Individuals with Disabilities Education Act

8 (as added by section 101 of the Individuals

9 with Disabilities Education Act Amend10 ments of 1997; Public Law 105–17);

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

12 client assistance program established under

13 section 112;

14 ‘‘(iv) at least one vocational rehabili15 tation counselor, with knowledge of and ex16 perience with vocational rehabilitation pro17 grams, who shall serve as an ex officio,

18 nonvoting member of the Council if the

19 counselor is an employee of the designated

20 State agency;

21 ‘‘(v) at least one representative of

22 community rehabilitation program service

23 providers;

24 ‘‘(vi) four representatives of business,

25 industry, and labor;
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•S 1579 IS

1 ‘‘(vii) representatives of disability ad2 vocacy groups representing a cross section

3 of—

4 ‘‘(I) individuals with physical,

5 cognitive, sensory, and mental disabil6 ities; and

7 ‘‘(II) individuals’ representatives

8 of individuals with disabilities who

9 have difficulty in representing them10 selves or are unable due to their dis11 abilities to represent themselves;

12 ‘‘(viii) current or former applicants

13 for, or recipients of, vocational rehabilita14 tion services;

15 ‘‘(ix) in a State in which one or more

16 projects are carried out under section 121,

17 at least one representative of the directors

18 of the projects;

19 ‘‘(x) at least one representative of the

20 State educational agency responsible for

21 the public education of students with dis22 abilities who are eligible to receive services

23 under this title and part B of the Individ24 uals with Disabilities Education Act; and
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•S 1579 IS

1 ‘‘(xi) at least one representative of the

2 statewide workforce investment partner3 ship.

4 ‘‘(B) SEPARATE COUNCIL.—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 de8 scribed in subparagraph (A)(i);

9 ‘‘(ii) at least one representative de10 scribed in subparagraph (A)(ii);

11 ‘‘(iii) at least one representative de12 scribed in subparagraph (A)(iii);

13 ‘‘(iv) at least one vocational rehabili14 tation counselor described in subparagraph

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

16 such subparagraph;

17 ‘‘(v) at least one representative de18 scribed in subparagraph (A)(v);

19 ‘‘(vi) four representatives described in

20 subparagraph (A)(vi);

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

22 disability advocacy group representing indi23 viduals who are blind;

24 ‘‘(viii) at least one individual’s rep25 resentative, of an individual who—
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•S 1579 IS

1 ‘‘(I) is an individual who is blind

2 and has multiple disabilities; and

3 ‘‘(II) has difficulty in represent4 ing himself or herself or is unable due

5 to disabilities to represent himself or

6 herself;

7 ‘‘(ix) applicants or recipients de8 scribed in subparagraph (A)(viii);

9 ‘‘(x) in a State described in subpara10 graph (A)(ix), at least one representative

11 described in such subparagraph;

12 ‘‘(xi) at least one representative de13 scribed in subparagraph (A)(x); and

14 ‘‘(xii) at least one representative de15 scribed in subparagraph (A)(xi).

16 ‘‘(C) EXCEPTION.—In the case of a sepa17 rate Council established under subsection

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

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

20 Rehabilitation Act Amendments of 1992, to

21 have fewer than 15 members shall be deemed to

22 be in compliance with subparagraph (B) if the

23 Council—

24 ‘‘(i) meets the requirements of sub25 paragraph (B), other than the require-
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•S 1579 IS

1 ments of clauses (vi) and (ix) of such sub2 paragraph; and

3 ‘‘(ii) includes at least—

4 ‘‘(I) one representative described

5 in subparagraph (B)(vi); and

6 ‘‘(II) one applicant or recipient

7 described in subparagraph (B)(ix).

8 ‘‘(2) EX OFFICIO MEMBER.—The Director of

9 the designated State unit shall be an ex officio, non10 voting member of the Council.

11 ‘‘(3) APPOINTMENT.—Members of the Council

12 shall be appointed by the Governor. In the case of

13 a State that, under State law, vests appointment au14 thority in an entity in lieu of, or in conjunction with,

15 the Governor, such as one or more houses of the

16 State legislature, or an independent board that has

17 general appointment authority, that entity shall

18 make the appointments. The appointing authority

19 shall select members after soliciting recommenda20 tions from representatives of organizations rep21 resenting a broad range of individuals with disabil22 ities and organizations interested in individuals with

23 disabilities. In selecting members, the appointing au24 thority shall consider, to the greatest extent prac-
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•S 1579 IS

1 ticable, the extent to which minority populations are

2 represented on the Council.

3 ‘‘(4) QUALIFICATIONS.—A majority of Council

4 members shall be persons who are—

5 ‘‘(A) individuals with disabilities described

6 in section 7(20)(A); and

7 ‘‘(B) not employed by the designated State

8 unit.

9 ‘‘(5) CHAIRPERSON.—

10 ‘‘(A) IN GENERAL.—Except as provided in

11 subparagraph (B), the Council shall select a

12 chairperson from among the membership of the

13 Council.

14 ‘‘(B) DESIGNATION BY GOVERNOR.—In

15 States in which the Governor does not have veto

16 power pursuant to State law, the Governor shall

17 designate a member of the Council to serve as

18 the chairperson of the Council or shall require

19 the Council to so designate such a member.

20 ‘‘(6) TERMS OF APPOINTMENT.—

21 ‘‘(A) LENGTH OF TERM.—Each member of

22 the Council shall serve for a term of not more

23 than 3 years, except that—

24 ‘‘(i) a member appointed to fill a va25 cancy occurring prior to the expiration of
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•S 1579 IS

1 the term for which a predecessor was ap2 pointed, shall be appointed for the remain3 der of such term; and

4 ‘‘(ii) the terms of service of the mem5 bers initially appointed shall be (as speci6 fied by the appointing authority) for such

7 fewer number of years as will provide for

8 the expiration of terms on a staggered

9 basis.

10 ‘‘(B) NUMBER OF TERMS.—No member of

11 the Council, other than a representative de12 scribed in clause (iii) or (ix) of paragraph

13 (1)(A), or clause (iii) or (x) of paragraph

14 (1)(B), may serve more than two consecutive

15 full terms.

16 ‘‘(7) VACANCIES.—

17 ‘‘(A) IN GENERAL.—Except as provided in

18 subparagraph (B), any vacancy occurring in the

19 membership of the Council shall be filled in the

20 same manner as the original appointment. The

21 vacancy shall not affect the power of the re22 maining members to execute the duties of the

23 Council.

24 ‘‘(B) DELEGATION.—The Governor (in25 cluding an entity described in paragraph (3))
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•S 1579 IS

1 may delegate the authority to fill such a va2 cancy to the remaining members of the Council

3 after making the original appointment.

4 ‘‘(c) FUNCTIONS OF COUNCIL.—The Council shall,

5 after consulting with the statewide workforce investment

6 partnership—

7 ‘‘(1) review, analyze, and advise the designated

8 State unit regarding the performance of the respon9 sibilities of the unit under this title, particularly re10 sponsibilities relating to—

11 ‘‘(A) eligibility (including order of selec12 tion);

13 ‘‘(B) the extent, scope, and effectiveness of

14 services provided; and

15 ‘‘(C) functions performed by State agen16 cies that affect or that potentially affect the

17 ability of individuals with disabilities in achiev18 ing employment outcomes under this title;

19 ‘‘(2) in partnership with the designated State

20 unit—

21 ‘‘(A) develop, agree to, and review State

22 goals and priorities in accordance with section

23 101(a)(15)(C); and

24 ‘‘(B) evaluate the effectiveness of the voca25 tional rehabilitation program and submit re-
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1 ports of progress to the Commissioner in ac2 cordance with section 101(a)(15)(E);

3 ‘‘(3) advise the designated State agency and the

4 designated State unit regarding activities authorized

5 to be carried out under this title, and assist in the

6 preparation of the State plan and amendments to

7 the plan, applications, reports, needs assessments,

8 and evaluations required by this title;

9 ‘‘(4) to the extent feasible, conduct a review

10 and analysis of the effectiveness of, and consumer

11 satisfaction with—

12 ‘‘(A) the functions performed by the des13 ignated State agency;

14 ‘‘(B) vocational rehabilitation services pro15 vided by State agencies and other public and

16 private entities responsible for providing voca17 tional rehabilitation services to individuals with

18 disabilities under this Act; and

19 ‘‘(C) employment outcomes achieved by eli20 gible individuals receiving services under this

21 title, including the availability of health and

22 other employment benefits in connection with

23 such employment outcomes;

24 ‘‘(5) prepare and submit an annual report to

25 the Governor or appropriate State entity and the
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1 Commissioner on the status of vocational rehabilita2 tion programs operated within the State, and make

3 the report available to the public;

4 ‘‘(6) to avoid duplication of efforts and enhance

5 the number of individuals served, coordinate activi6 ties with the activities of other councils within the

7 State, including the Statewide Independent Living

8 Council established under section 705, the advisory

9 panel established under section 612(a)(21) of the In10 dividual with Disabilities Education Act (as amend11 ed by section 101 of the Individuals with Disabilities

12 Education Act Amendments of 1997; Public Law

13 105–17), the State Developmental Disabilities Coun14 cil described in section 124 of the Developmental

15 Disabilities Assistance and Bill of Rights Act (42

16 U.S.C. 6024), the State mental health planning

17 council established under section 1914(a) of the

18 Public Health Service Act (42 U.S.C. 300x–4(a)),

19 and the statewide workforce investment partnership;

20 ‘‘(7) provide for coordination and the establish21 ment of working relationships between the des22 ignated State agency and the Statewide Independent

23 Living Council and centers for independent living

24 within the State; and
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1 ‘‘(8) perform such other functions, consistent

2 with the purpose of this title, as the State Rehabili3 tation Council determines to be appropriate, that are

4 comparable to the other functions performed by the

5 Council.

6 ‘‘(d) RESOURCES.—

7 ‘‘(1) PLAN.—The Council shall prepare, in con8 junction with the designated State unit, a plan for

9 the provision of such resources, including such staff

10 and other personnel, as may be necessary and suffi11 cient to carry out the functions of the Council under

12 this section. The resource plan shall, to the maxi13 mum extent possible, rely on the use of resources in

14 existence during the period of implementation of the

15 plan.

16 ‘‘(2) RESOLUTION OF DISAGREEMENTS.—To

17 the extent that there is a disagreement between the

18 Council and the designated State unit in regard to

19 the resources necessary to carry out the functions of

20 the Council as set forth in this section, the disagree21 ment shall be resolved by the Governor or appointing

22 agency consistent with paragraph (1).

23 ‘‘(3) SUPERVISION AND EVALUATION.—Each

24 Council shall, consistent with State law, supervise

25 and evaluate such staff and other personnel as may
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1 be necessary to carry out its functions under this

2 section.

3 ‘‘(4) PERSONNEL CONFLICT OF INTEREST.—

4 While assisting the Council in carrying out its du5 ties, staff and other personnel shall not be assigned

6 duties by the designated State unit or any other

7 agency or office of the State, that would create a

8 conflict of interest.

9 ‘‘(e) CONFLICT OF INTEREST.—No member of the

10 Council shall cast a vote on any matter that would provide

11 direct financial benefit to the member or otherwise give

12 the appearance of a conflict of interest under State law.

13 ‘‘(f) MEETINGS.—The Council shall convene at least

14 4 meetings a year in such places as it determines to be

15 necessary to conduct Council business and conduct such

16 forums or hearings as the Council considers appropriate.

17 The meetings, hearings, and forums shall be publicly an18 nounced. The meetings shall be open and accessible to the

19 general public unless there is a valid reason for an execu20 tive session.

21 ‘‘(g) COMPENSATION AND EXPENSES.—The Council

22 may use funds allocated to the Council by the designated

23 State unit under this title (except for funds appropriated

24 to carry out the client assistance program under section

25 112 and funds reserved pursuant to section 110(c) to
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1 carry out part C) to reimburse members of the Council

2 for reasonable and necessary expenses of attending Coun3 cil meetings and performing Council duties (including

4 child care and personal assistance services), and to pay

5 compensation to a member of the Council, if such member

6 is not employed or must forfeit wages from other employ7 ment, for each day the member is engaged in performing

8 the duties of the Council.

9 ‘‘(h) HEARINGS AND FORUMS.—The Council is au10 thorized to hold such hearings and forums as the Council

11 may determine to be necessary to carry out the duties of

12 the Council.

13 ‘‘SEC. 106. EVALUATION STANDARDS AND PERFORMANCE

14 INDICATORS.

15 ‘‘(a) ESTABLISHMENT.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) ESTABLISHMENT OF STANDARDS AND

18 INDICATORS.—The Commissioner shall, not

19 later than September 30, 1998, establish and

20 publish evaluation standards and performance

21 indicators for the vocational rehabilitation pro22 gram carried out under this title.

23 ‘‘(B) REVIEW AND REVISION.—Effective

24 September 30, 1998, the Commissioner shall

25 review and, if necessary, revise the evaluation
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1 standards and performance indicators every 3

2 years. Any revisions of the standards and indi3 cators shall be developed with input from State

4 vocational rehabilitation agencies, related pro5 fessional and consumer organizations, recipients

6 of vocational rehabilitation services, and other

7 interested parties. Any revisions of the stand8 ards and indicators shall be subject to the pub9 lication, review, and comment provisions of

10 paragraph (3).

11 ‘‘(C) BASES.—Effective July 1, 1999, to

12 the maximum extent practicable, the standards

13 and indicators shall be consistent with the core

14 indicators of performance established under sec15 tion 321(b) of the Workforce Investment Part16 nership Act of 1998.

17 ‘‘(2) MEASURES.—The standards and indica18 tors shall include outcome and related measures of

19 program performance that facilitate the accomplish20 ment of the purpose and policy of this title.

21 ‘‘(3) COMMENT.—The standards and indicators

22 shall be developed with input from State vocational

23 rehabilitation agencies, related professional and con24 sumer organizations, recipients of vocational reha25 bilitation services, and other interested parties. The
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1 Commissioner shall publish in the Federal Register

2 a notice of intent to regulate regarding the develop3 ment of proposed standards and indicators. Pro4 posed standards and indicators shall be published in

5 the Federal Register for review and comment. Final

6 standards and indicators shall be published in the

7 Federal Register.

8 ‘‘(b) COMPLIANCE.—

9 ‘‘(1) STATE REPORTS.—In accordance with reg10 ulations established by the Secretary, each State

11 shall report to the Commissioner after the end of

12 each fiscal year the extent to which the State is in

13 compliance with the standards and indicators.

14 ‘‘(2) PROGRAM IMPROVEMENT.—

15 ‘‘(A) PLAN.—If the Commissioner deter16 mines that the performance of any State is

17 below established standards, the Commissioner

18 shall provide technical assistance to the State

19 and the State and the Commissioner shall joint20 ly develop a program improvement plan outlin21 ing the specific actions to be taken by the State

22 to improve program performance.

23 ‘‘(B) REVIEW.—The Commissioner shall—

24 ‘‘(i) review the program improvement

25 efforts of the State on a biannual basis
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1 and, if necessary, request the State to

2 make further revisions to the plan to im3 prove performance; and

4 ‘‘(ii) continue to conduct such reviews

5 and request such revisions until the State

6 sustains satisfactory performance over a

7 period of more than 1 year.

8 ‘‘(c) WITHHOLDING.—If the Commissioner deter9 mines that a State whose performance falls below the es10 tablished standards has failed to enter into a program im11 provement plan, or is not complying substantially with the

12 terms and conditions of such a program improvement

13 plan, the Commissioner shall, consistent with subsections

14 (c) and (d) of section 107, reduce or make no further pay15 ments to the State under this program, until the State

16 has entered into an approved program improvement plan,

17 or satisfies the Commissioner that the State is complying

18 substantially with the terms and conditions of such a pro19 gram improvement plan, as appropriate.

20 ‘‘(d) REPORT TO CONGRESS.—Beginning in fiscal

21 year 1999, the Commissioner shall include in each annual

22 report to the Congress under section 13 an analysis of

23 program performance, including relative State perform24 ance, based on the standards and indicators.
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1 ‘‘SEC. 107. MONITORING AND REVIEW.

2 ‘‘(a) IN GENERAL.—

3 ‘‘(1) DUTIES.—In carrying out the duties of the

4 Commissioner under this title, the Commissioner

5 shall—

6 ‘‘(A) provide for the annual review and

7 periodic onsite monitoring of programs under

8 this title; and

9 ‘‘(B) determine whether, in the administra10 tion of the State plan, a State is complying sub11 stantially with the provisions of such plan and

12 with evaluation standards and performance in13 dicators established under section 106.

14 ‘‘(2) PROCEDURES FOR REVIEWS.—In conduct15 ing reviews under this section the Commissioner

16 shall consider, at a minimum—

17 ‘‘(A) State policies and procedures;

18 ‘‘(B) guidance materials;

19 ‘‘(C) decisions resulting from hearings con20 ducted in accordance with due process;

21 ‘‘(D) State goals established under section

22 101(a)(15) and the extent to which the State

23 has achieved such goals;

24 ‘‘(E) plans and reports prepared under

25 section 106(b);
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1 ‘‘(F) consumer satisfaction reviews and

2 analyses described in section 105(c)(4);

3 ‘‘(G) information provided by the State

4 Rehabilitation Council established under section

5 105, if the State has such a Council, or by the

6 commission described in section

7 101(a)(21)(A)(i), if the State has such a com8 mission;

9 ‘‘(H) reports; and

10 ‘‘(I) budget and financial management

11 data.

12 ‘‘(3) PROCEDURES FOR MONITORING.—In con13 ducting monitoring under this section the Commis14 sioner shall conduct—

15 ‘‘(A) onsite visits, including onsite reviews

16 of records to verify that the State is following

17 requirements regarding the order of selection

18 set forth in section 101(a)(5)(A);

19 ‘‘(B) public hearings and other strategies

20 for collecting information from the public;

21 ‘‘(C) meetings with the State Rehabilita22 tion Council, if the State has such a Council or

23 with the commission described in section

24 101(a)(21)(A)(i), if the State has such a com25 mission;
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1 ‘‘(D) reviews of individual case files, in2 cluding individualized rehabilitation employment

3 plans and ineligibility determinations; and

4 ‘‘(E) meetings with rehabilitation coun5 selors and other personnel.

6 ‘‘(4) AREAS OF INQUIRY.—In conducting the

7 review and monitoring, the Commissioner shall ex8 amine—

9 ‘‘(A) the eligibility process;

10 ‘‘(B) the provision of services, including, if

11 applicable, the order of selection;

12 ‘‘(C) whether the personnel evaluation sys13 tem described in section 101(a)(7)(A)(iv) facili14 tates the accomplishments of the program;

15 ‘‘(D) such other areas as may be identified

16 by the public or through meetings with the

17 State Rehabilitation Council, if the State has

18 such a Council or with the commission de19 scribed in section 101(a)(21)(A)(i), if the State

20 has such a commission; and

21 ‘‘(E) such other areas of inquiry as the

22 Commissioner may consider appropriate.

23 ‘‘(5) REPORTS.—If the Commissioner issues a

24 report detailing the findings of an annual review or

25 onsite monitoring conducted under this section, the
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1 report shall be made available to the State Rehabili2 tation Council, if the State has such a Council.

3 ‘‘(b) TECHNICAL ASSISTANCE.—The Commissioner

4 shall—

5 ‘‘(1) provide technical assistance to programs

6 under this title regarding improving the quality of

7 vocational rehabilitation services provided; and

8 ‘‘(2) provide technical assistance and establish

9 a corrective action plan for a program under this

10 title if the Commissioner finds that the program

11 fails to comply substantially with the provisions of

12 the State plan, or with evaluation standards or per13 formance indicators established under section 106,

14 in order to ensure that such failure is corrected as

15 soon as practicable.

16 ‘‘(c) FAILURE TO COMPLY WITH PLAN.—

17 ‘‘(1) WITHHOLDING PAYMENTS.—Whenever the

18 Commissioner, after providing reasonable notice and

19 an opportunity for a hearing to the State agency ad20 ministering or supervising the administration of the

21 State plan approved under section 101, finds that—

22 ‘‘(A) the plan has been so changed that it

23 no longer complies with the requirements of

24 section 101(a); or
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1 ‘‘(B) in the administration of the plan

2 there is a failure to comply substantially with

3 any provision of such plan or with an evaluation

4 standard or performance indicator established

5 under section 106,

6 the Commissioner shall notify such State agency

7 that no further payments will be made to the State

8 under this title (or, in the discretion of the Commis9 sioner, that such further payments will be reduced,

10 in accordance with regulations the Commissioner

11 shall prescribe, or that further payments will not be

12 made to the State only for the projects under the

13 parts of the State plan affected by such failure),

14 until the Commissioner is satisfied there is no longer

15 any such failure.

16 ‘‘(2) PERIOD.—Until the Commissioner is so

17 satisfied, the Commissioner shall make no further

18 payments to such State under this title (or shall re19 duce payments or limit payments to projects under

20 those parts of the State plan in which there is no

21 such failure).

22 ‘‘(3) DISBURSAL OF WITHHELD FUNDS.—The

23 Commissioner may, in accordance with regulations

24 the Secretary shall prescribe, disburse any funds

25 withheld from a State under paragraph (1) to any
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1 public or nonprofit private organization or agency

2 within such State or to any political subdivision of

3 such State submitting a plan meeting the require4 ments of section 101(a). The Commissioner may not

5 make any payment under this paragraph unless the

6 entity to which such payment is made has provided

7 assurances to the Commissioner that such entity will

8 contribute, for purposes of carrying out such plan,

9 the same amount as the State would have been obli10 gated to contribute if the State received such pay11 ment.

12 ‘‘(d) REVIEW.—

13 ‘‘(1) PETITION.—Any State that is dissatisfied

14 with a final determination of the Commissioner

15 under section 101(b) or subsection (c) may file a pe16 tition for judicial review of such determination in the

17 United States Court of Appeals for the circuit in

18 which the State is located. Such a petition may be

19 filed only within the 30-day period beginning on the

20 date that notice of such final determination was re21 ceived by the State. The clerk of the court shall

22 transmit a copy of the petition to the Commissioner

23 or to any officer designated by the Commissioner for

24 that purpose. In accordance with section 2112 of

25 title 28, United States Code, the Commissioner shall
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1 file with the court a record of the proceeding on

2 which the Commissioner based the determination

3 being appealed by the State. Until a record is so

4 filed, the Commissioner may modify or set aside any

5 determination made under such proceedings.

6 ‘‘(2) SUBMISSIONS AND DETERMINATIONS.—If,

7 in an action under this subsection to review a final

8 determination of the Commissioner under section

9 101(b) or subsection (c), the petitioner or the Com10 missioner applies to the court for leave to have addi11 tional oral submissions or written presentations

12 made respecting such determination, the court may,

13 for good cause shown, order the Commissioner to

14 provide within 30 days an additional opportunity to

15 make such submissions and presentations. Within

16 such period, the Commissioner may revise any find17 ings of fact, modify or set aside the determination

18 being reviewed, or make a new determination by rea19 son of the additional submissions and presentations,

20 and shall file such modified or new determination,

21 and any revised findings of fact, with the return of

22 such submissions and presentations. The court shall

23 thereafter review such new or modified determina24 tion.

25 ‘‘(3) STANDARDS OF REVIEW.—
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1 ‘‘(A) IN GENERAL.—Upon the filing of a

2 petition under paragraph (1) for judicial review

3 of a determination, the court shall have juris4 diction—

5 ‘‘(i) to grant appropriate relief as pro6 vided in chapter 7 of title 5, United States

7 Code, except for interim relief with respect

8 to a determination under subsection (c);

9 and

10 ‘‘(ii) except as otherwise provided in

11 subparagraph (B), to review such deter12 mination in accordance with chapter 7 of

13 title 5, United States Code.

14 ‘‘(B) SUBSTANTIAL EVIDENCE.—Section

15 706 of title 5, United States Code, shall apply

16 to the review of any determination under this

17 subsection, except that the standard for review

18 prescribed by paragraph (2)(E) of such section

19 706 shall not apply and the court shall hold un20 lawful and set aside such determination if the

21 court finds that the determination is not sup22 ported by substantial evidence in the record of

23 the proceeding submitted pursuant to para24 graph (1), as supplemented by any additional
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1 submissions and presentations filed under para2 graph (2).

3 ‘‘SEC. 108. EXPENDITURE OF CERTAIN AMOUNTS.

4 ‘‘(a) EXPENDITURE.—Amounts described in sub5 section (b) may not be expended by a State for any pur6 pose other than carrying out programs for which the State

7 receives financial assistance under this title, under part

8 C of title VI, or under title VII.

9 ‘‘(b) AMOUNTS.—The amounts referred to in sub10 section (a) are amounts provided to a State under the So11 cial Security Act (42 U.S.C. 301 et seq.) as reimburse12 ment for the expenditure of payments received by the

13 State from allotments under section 110 of this Act.

14 ‘‘SEC. 109. TRAINING OF EMPLOYERS WITH RESPECT TO

15 AMERICANS WITH DISABILITIES ACT OF 1990.

16 ‘‘A State may expend payments received under sec17 tion 111—

18 ‘‘(1) to carry out a program to train employers

19 with respect to compliance with the requirements of

20 title I of the Americans with Disabilities Act of 1990

21 (42 U.S.C. 12111 et seq.); and

22 ‘‘(2) to inform employers of the existence of the

23 program and the availability of the services of the

24 program.
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1 ‘‘PART B—BASIC VOCATIONAL REHABILITATION

2 SERVICES

3 ‘‘STATE ALLOTMENTS

4 ‘‘SEC. 110. (a)(1) Subject to the provisions of sub5 section (c), for each fiscal year beginning before October

6 1, 1978, each State shall be entitled to an allotment of

7 an amount bearing the same ratio to the amount author8 ized to be appropriated under section 100(b)(1) for allot9 ment under this section as the product of—

10 ‘‘(A) the population of the State; and

11 ‘‘(B) the square of its allotment percentage,

12 bears to the sum of the corresponding products for all the

13 States.

14 ‘‘(2)(A) For each fiscal year beginning on or after

15 October 1, 1978, each State shall be entitled to an allot16 ment in an amount equal to the amount such State re17 ceived under paragraph (1) for the fiscal year ending Sep18 tember 30, 1978, and an additional amount determined

19 pursuant to subparagraph (B) of this paragraph.

20 ‘‘(B) For each fiscal year beginning on or after Octo21 ber 1, 1978, each State shall be entitled to an allotment,

22 from any amount authorized to be appropriated for such

23 fiscal year under section 100(b)(1) for allotment under

24 this section in excess of the amount appropriated under
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1 section 100(b)(1)(A) for the fiscal year ending September

2 30, 1978, in an amount equal to the sum of—

3 ‘‘(i) an amount bearing the same ratio to 50

4 percent of such excess amount as the product of the

5 population of the State and the square of its allot6 ment percentage bears to the sum of the correspond7 ing products for all the States; and

8 ‘‘(ii) an amount bearing the same ratio to 50

9 percent of such excess amount as the product of the

10 population of the State and its allotment percentage

11 bears to the sum of the corresponding products for

12 all the States.

13 ‘‘(3) The sum of the payment to any State (other

14 than Guam, American Samoa, the Virgin Islands, and the

15 Commonwealth of the Northern Mariana Islands) under

16 this subsection for any fiscal year which is less than one17 third of 1 percent of the amount appropriated under sec18 tion 100(b)(1), or $3,000,000, whichever is greater, shall

19 be increased to that amount, the total of the increases

20 thereby required being derived by proportionately reducing

21 the allotment to each of the remaining such States under

22 this subsection, but with such adjustments as may be nec23 essary to prevent the sum of the allotments made under

24 this subsection to any such remaining State from being

25 thereby reduced to less than that amount.
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1 ‘‘(b)(1) Not later than forty-five days prior to the end

2 of the fiscal year, the Commissioner shall determine, after

3 reasonable opportunity for the submission to the Commis4 sioner of comments by the State agency administering or

5 supervising the program established under this title, that

6 any payment of an allotment to a State under section

7 111(a) for any fiscal year will not be utilized by such State

8 in carrying out the purposes of this title.

9 ‘‘(2) As soon as practicable but not later than the

10 end of the fiscal year, the Commissioner shall make such

11 amount available for carrying out the purposes of this title

12 to one or more other States to the extent the Commis13 sioner determines such other State will be able to use such

14 additional amount during that fiscal year or the subse15 quent fiscal year for carrying out such purposes. The

16 Commissioner shall make such amount available only if

17 such other State will be able to make sufficient payments

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

19 of the cost of vocational rehabilitation services under the

20 State plan for the fiscal year for which the amount was

21 appropriated.

22 ‘‘(3) For the purposes of this part, any amount made

23 available to a State for any fiscal year pursuant to this

24 subsection shall be regarded as an increase of such State’s
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1 allotment (as determined under the preceding provisions

2 of this section) for such year.

3 ‘‘(c)(1) For fiscal year 1987 and for each subsequent

4 fiscal year, the Commissioner shall reserve from the

5 amount appropriated under section 100(b)(1) for allot6 ment under this section a sum, determined under para7 graph (2), to carry out the purposes of part C.

8 ‘‘(2) The sum referred to in paragraph (1) shall be,

9 as determined by the Secretary—

10 ‘‘(A) not less than three-quarters of 1 percent

11 and not more than 1.5 percent of the amount re12 ferred to in paragraph (1), for fiscal year 1998; and

13 ‘‘(B) not less than 1 percent and not more than

14 1.5 percent of the amount referred to in paragraph

15 (1), for each of fiscal years 1999 through 2004.

16 ‘‘PAYMENTS TO STATES

17 ‘‘SEC. 111. (a)(1) Except as provided in paragraph

18 (2), from each State’s allotment under this part for any

19 fiscal year, the Commissioner shall pay to a State an

20 amount equal to the Federal share of the cost of vocational

21 rehabilitation services under the plan for that State ap22 proved under section 101, including expenditures for the

23 administration of the State plan.

24 ‘‘(2)(A) The total of payments under paragraph (1)

25 to a State for a fiscal year may not exceed its allotment

26 under subsection (a) of section 110 for such year.
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1 ‘‘(B) For fiscal year 1994 and each fiscal year there2 after, the amount otherwise payable to a State for a fiscal

3 year under this section shall be reduced by the amount

4 by which expenditures from non-Federal sources under the

5 State plan under this title for the previous fiscal year are

6 less than the total of such expenditures for the second fis7 cal year preceding the previous fiscal year.

8 ‘‘(C) The Commissioner may waive or modify any re9 quirement or limitation under paragraphs (A) and (B) if

10 the Commissioner determines that a waiver or modifica11 tion is an equitable response to exceptional or uncontrol12 lable circumstances affecting the State.

13 ‘‘(b) The method of computing and paying amounts

14 pursuant to subsection (a) shall be as follows:

15 ‘‘(1) The Commissioner shall, prior to the be16 ginning of each calendar quarter or other period pre17 scribed by the Commissioner, estimate the amount

18 to be paid to each State under the provisions of such

19 subsection for such period, such estimate to be based

20 on such records of the State and information fur21 nished by it, and such other investigation as the

22 Commissioner may find necessary.

23 ‘‘(2) The Commissioner shall pay, from the al24 lotment available therefor, the amount so estimated

25 by the Commissioner for such period, reduced or in-
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1 creased, as the case may be, by any sum (not pre2 viously adjusted under this paragraph) by which the

3 Commissioner finds that the estimate of the amount

4 to be paid the State for any prior period under such

5 subsection was greater or less than the amount

6 which should have been paid to the State for such

7 prior period under such subsection. Such payment

8 shall be made prior to audit or settlement by the

9 General Accounting Office, shall be made through

10 the disbursing facilities of the Treasury Department,

11 and shall be made in such installments as the Com12 missioner may determine.

13 ‘‘CLIENT ASSISTANCE PROGRAM

14 ‘‘SEC. 112. (a) From funds appropriated under sub15 section (h), the Secretary shall, in accordance with this

16 section, make grants to States to establish and carry out

17 client assistance programs to provide assistance in inform18 ing and advising all clients and client applicants of all

19 available benefits under this Act, and, upon request of

20 such clients or client applicants, to assist and advocate

21 for such clients or applicants in their relationships with

22 projects, programs, and services provided under this Act,

23 including assistance and advocacy in pursuing legal, ad24 ministrative, or other appropriate remedies to ensure the

25 protection of the rights of such individuals under this Act

26 and to facilitate access to the services funded under this
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1 Act through individual and systemic advocacy. The client

2 assistance program shall provide information on the avail3 able services and benefits under this Act and title I of

4 the Americans with Disabilities Act of 1990 (42 U.S.C.

5 12111 et seq.) to individuals with disabilities in the State,

6 especially with regard to individuals with disabilities who

7 have traditionally been unserved or underserved by voca8 tional rehabilitation programs. In providing assistance and

9 advocacy under this subsection with respect to services

10 under this title, a client assistance program may provide

11 the assistance and advocacy with respect to services that

12 are directly related to facilitating the employment of the

13 individual.

14 ‘‘(b) No State may receive payments from its allot15 ment under this Act in any fiscal year unless the State

16 has in effect not later than October 1, 1984, a client as17 sistance program which—

18 ‘‘(1) has the authority to pursue legal, adminis19 trative, and other appropriate remedies to ensure the

20 protection of rights of individuals with disabilities

21 who are receiving treatments, services, or rehabilita22 tion under this Act within the State; and

23 ‘‘(2) meets the requirements of designation

24 under subsection (c).
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1 ‘‘(c)(1)(A) The Governor shall designate a public or

2 private agency to conduct the client assistance program

3 under this section. Except as provided in the last sentence

4 of this subparagraph, the Governor shall designate an

5 agency which is independent of any agency which provides

6 treatment, services, or rehabilitation to individuals under

7 this Act. If there is an agency in the State which has,

8 or had, prior to the date of enactment of the Rehabilita9 tion Amendments of 1984, served as a client assistance

10 agency under this section and which received Federal fi11 nancial assistance under this Act, the Governor may, in

12 the initial designation, designate an agency which provides

13 treatment, services, or rehabilitation to individuals with

14 disabilities under this Act.

15 ‘‘(B)(i) The Governor may not redesignate the agency

16 designated under subparagraph (A) without good cause

17 and unless—

18 ‘‘(I) the Governor has given the agency 30 days

19 notice of the intention to make such redesignation,

20 including specification of the good cause for such re21 designation and an opportunity to respond to the as22 sertion that good cause has been shown;

23 ‘‘(II) individuals with disabilities or the individ24 uals’ representatives have timely notice of the redes25 ignation and opportunity for public comment; and
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1 ‘‘(III) the agency has the opportunity to appeal

2 to the Commissioner on the basis that the redesigna3 tion was not for good cause.

4 ‘‘(ii) If, after the date of enactment of the Rehabilita5 tion Act Amendments of 1998—

6 ‘‘(I) a designated State agency undergoes any

7 change in the organizational structure of the agency

8 that results in the creation of 1 or more new State

9 agencies or departments or results in the merger of

10 the designated State agency with 1 or more other

11 State agencies or departments; and

12 ‘‘(II) an agency (including an office or other

13 unit) within the designated State agency was con14 ducting a client assistance program before the

15 change under the last sentence of subparagraph (A),

16 the Governor shall redesignate the agency conducting the

17 program. In conducting the redesignation, the Governor

18 shall designate to conduct the program an agency that is

19 independent of any agency that provides treatment, serv20 ices, or rehabilitation to individuals with disabilities under

21 this Act.

22 ‘‘(2) In carrying out the provisions of this section,

23 the Governor shall consult with the director of the State

24 vocational rehabilitation agency, the head of the develop25 mental disability protection and advocacy agency, and with
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1 representatives of professional and consumer organiza2 tions serving individuals with disabilities in the State.

3 ‘‘(3) The agency designated under this subsection

4 shall be accountable for the proper use of funds made

5 available to the agency.

6 ‘‘(4) For the purpose of this subsection, the term

7 ‘Governor’ means the chief executive of the State.

8 ‘‘(d) The agency designated under subsection (c) of

9 this section may not bring any class action in carrying

10 out its responsibilities under this section.

11 ‘‘(e)(1)(A) The Secretary shall allot the sums appro12 priated for each fiscal year under this section among the

13 States on the basis of relative population of each State,

14 except that no State shall receive less than $50,000.

15 ‘‘(B) The Secretary shall allot $30,000 each to Amer16 ican Samoa, Guam, the Virgin Islands, and the Common17 wealth of the Northern Mariana Islands.

18 ‘‘(C) For the purpose of this paragraph, the term

19 ‘State’ does not include American Samoa, Guam, the Vir20 gin Islands, and the Commonwealth of the Northern Mari21 ana Islands.

22 ‘‘(D)(i) In any fiscal year that the funds appropriated

23 for such fiscal year exceed $7,500,000, the minimum allot24 ment shall be $100,000 for States and $45,000 for terri25 tories.
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1 ‘‘(ii) For any fiscal year in which the total amount

2 appropriated under subsection (h) exceeds the total

3 amount appropriated under such subsection for the pre4 ceding fiscal year, the Secretary shall increase each of the

5 minimum allotments under clause (i) by a percentage that

6 shall not exceed the percentage increase in the total

7 amount appropriated under such subsection between the

8 preceding fiscal year and the fiscal year involved.

9 ‘‘(2) The amount of an allotment to a State for a

10 fiscal year which the Secretary determines will not be re11 quired by the State during the period for which it is avail12 able for the purpose for which allotted shall be available

13 for reallotment by the Secretary at appropriate times to

14 other States with respect to which such a determination

15 has not been made, in proportion to the original allotments

16 of such States for such fiscal year, but with such propor17 tionate amount for any of such other States being reduced

18 to the extent it exceeds the sum the Secretary estimates

19 such State needs and will be able to use during such pe20 riod, and the total of such reduction shall be similarly real21 lotted among the States whose proportionate amounts

22 were not so reduced. Any such amount so reallotted to

23 a State for a fiscal year shall be deemed to be a part of

24 its allotment for such fiscal year.
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1 ‘‘(3) Except as specifically prohibited by or as other2 wise provided in State law, the Secretary shall pay to the

3 agency designated under subsection (c) the amount speci4 fied in the application approved under subsection (f).

5 ‘‘(f) No grant may be made under this section unless

6 the State submits an application to the Secretary at such

7 time, in such manner, and containing or accompanied by

8 such information as the Secretary deems necessary to

9 meet the requirements of this section.

10 ‘‘(g) The Secretary shall prescribe regulations appli11 cable to the client assistance program which shall include

12 the following requirements:

13 ‘‘(1) No employees of such programs shall,

14 while so employed, serve as staff or consultants of

15 any rehabilitation project, program, or facility re16 ceiving assistance under this Act in the State.

17 ‘‘(2) Each program shall be afforded reasonable

18 access to policymaking and administrative personnel

19 in the State and local rehabilitation programs,

20 projects, or facilities.

21 ‘‘(3)(A) Each program shall contain provisions

22 designed to assure that to the maximum extent pos23 sible alternative means of dispute resolution are

24 available for use at the discretion of an applicant or

25 client of the program prior to resorting to litigation
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1 or formal adjudication to resolve a dispute arising

2 under this section.

3 ‘‘(B) In subparagraph (A), the term ‘alternative

4 means of dispute resolution’ means any procedure,

5 including good faith negotiation, conciliation, facili6 tation, mediation, fact finding, and arbitration, and

7 any combination of procedures, that is used in lieu

8 of litigation in a court or formal adjudication in an

9 administrative forum, to resolve a dispute arising

10 under this section.

11 ‘‘(4) For purposes of any periodic audit, report,

12 or evaluation of the performance of a client assist13 ance program under this section, the Secretary shall

14 not require such a program to disclose the identity

15 of, or any other personally identifiable information

16 related to, any individual requesting assistance

17 under such program.

18 ‘‘(h) There are authorized to be appropriated such

19 sums as may be necessary for fiscal years 1998 through

20 2004 to carry out the provisions of this section.

21 ‘‘PART C—AMERICAN INDIAN VOCATIONAL

22 REHABILITATION SERVICES

23 ‘‘VOCATIONAL REHABILITATION SERVICES GRANTS

24 ‘‘SEC. 121. (a) The Commissioner, in accordance with

25 the provisions of this part, may make grants to the gov-
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1 erning bodies of Indian tribes located on Federal and

2 State reservations (and consortia of such governing bod3 ies) to pay 90 percent of the costs of vocational rehabilita4 tion services for American Indians who are individuals

5 with disabilities residing on such reservations. The non6 Federal share of such costs may be in cash or in kind,

7 fairly valued, and the Commissioner may waive such non8 Federal share requirement in order to carry out the pur9 poses of this Act.

10 ‘‘(b)(1) No grant may be made under this part for

11 any fiscal year unless an application therefor has been

12 submitted to and approved by the Commissioner. The

13 Commissioner may not approve an application unless the

14 application—

15 ‘‘(A) is made at such time, in such manner, and

16 contains such information as the Commissioner may

17 require;

18 ‘‘(B) contains assurances that the rehabilitation

19 services provided under this part to American Indi20 ans who are individuals with disabilities residing on

21 a reservation in a State shall be, to the maximum

22 extent feasible, comparable to rehabilitation services

23 provided under this title to other individuals with

24 disabilities residing in the State and that, where ap-
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•S 1579 IS

1 propriate, may include services traditionally used by

2 Indian tribes; and

3 ‘‘(C) contains assurances that the application

4 was developed in consultation with the designated

5 State unit of the State.

6 ‘‘(2) The provisions of sections 5, 6, 7, and 102(a)

7 of the Indian Self-Determination and Education Assist8 ance Act shall be applicable to any application submitted

9 under this part. For purposes of this paragraph, any ref10 erence in any such provision to the Secretary of Education

11 or to the Secretary of the Interior shall be considered to

12 be a reference to the Commissioner.

13 ‘‘(3) Any application approved under this part shall

14 be effective for not more than 60 months, except as deter15 mined otherwise by the Commissioner pursuant to pre16 scribed regulations. The State shall continue to provide

17 vocational rehabilitation services under its State plan to

18 American Indians residing on a reservation whenever such

19 State includes any such American Indians in its State pop20 ulation under section 110(a)(1).

21 ‘‘(4) In making grants under this part, the Secretary

22 shall give priority consideration to applications for the

23 continuation of programs which have been funded under

24 this part.
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1 ‘‘(5) Nothing in this section may be construed to au2 thorize a separate service delivery system for Indian resi3 dents of a State who reside in non-reservation areas.

4 ‘‘(c) The term ‘reservation’ includes Indian reserva5 tions, public domain Indian allotments, former Indian res6 ervations in Oklahoma, and land held by incorporated Na7 tive groups, regional corporations, and village corporations

8 under the provisions of the Alaska Native Claims Settle9 ment Act.

10 ‘‘PART D—VOCATIONAL REHABILITATION SERVICES

11 CLIENT INFORMATION

12 ‘‘SEC. 131. DATA SHARING.

13 ‘‘(a) IN GENERAL.—

14 ‘‘(1) MEMORANDUM OF UNDERSTANDING.—The

15 Secretary of Education and the Secretary of Health

16 and Human Services shall enter into a memorandum

17 of understanding for the purposes of exchanging

18 data of mutual importance—

19 ‘‘(A) that concern clients of designated

20 State agencies; and

21 ‘‘(B) that are data maintained either by—

22 ‘‘(i) the Rehabilitation Services Ad23 ministration, as required by section 13; or
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1 ‘‘(ii) the Social Security Administra2 tion, from its Summary Earnings and

3 Records and Master Beneficiary Records.

4 ‘‘(2) LABOR MARKET INFORMATION.—The Sec5 retary of Labor shall provide the Commissioner with

6 labor market information that facilitates evaluation

7 by the Commissioner of the program carried out

8 under part B, and allows the Commissioner to com9 pare the progress of individuals with disabilities who

10 are assisted under the program in securing, retain11 ing, regaining, and advancing in employment with

12 the progress made by individuals who are assisted

13 under title III of the Workforce Investment Partner14 ship Act of 1998.

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

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

17 described in subsection (a)(1)(B)(ii) shall not be consid18 ered return information (as defined in section 6103(b)(2)

19 of the Internal Revenue Code of 1986) and, as appro20 priate, the confidentiality of all client information shall be

21 maintained by the Rehabilitation Services Administration

22 and the Social Security Administration.’’.

23 SEC. 5. RESEARCH AND TRAINING.

24 Title II of the Rehabilitation Act of 1973 (29 U.S.C.

25 760 et seq.) is amended to read as follows:
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1 ‘‘TITLE II—RESEARCH AND TRAINING

2 ‘‘DECLARATION OF PURPOSE

3 ‘‘SEC. 200. The purpose of this title is to—

4 ‘‘(1) provide for research, demonstration

5 projects, training, and related activities to maximize

6 the full inclusion and integration into society, em7 ployment, independent living, family support, and

8 economic and social self-sufficiency of individuals

9 with disabilities of all ages, with particular emphasis

10 on improving the effectiveness of services authorized

11 under this Act;

12 ‘‘(2) provide for a comprehensive and coordi13 nated approach to the support and conduct of such

14 research, demonstration projects, training, and relat15 ed activities and to ensure that the approach is in

16 accordance with the 5-year plan developed under

17 section 202(h);

18 ‘‘(3) promote the transfer of rehabilitation tech19 nology to individuals with disabilities through re20 search and demonstration projects relating to—

21 ‘‘(A) the procurement process for the pur22 chase of rehabilitation technology;

23 ‘‘(B) the utilization of rehabilitation tech24 nology on a national basis;
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•S 1579 IS

1 ‘‘(C) specific adaptations or customizations

2 of products to enable individuals with disabil3 ities to live more independently; and

4 ‘‘(D) the development or transfer of assist5 ive technology;

6 ‘‘(4) ensure the widespread distribution, in usa7 ble formats, of practical scientific and technological

8 information—

9 ‘‘(A) generated by research, demonstration

10 projects, training, and related activities; and

11 ‘‘(B) regarding state-of-the-art practices,

12 improvements in the services authorized under

13 this Act, rehabilitation technology, and new

14 knowledge regarding disabilities,

15 to rehabilitation professionals, individuals with dis16 abilities, and other interested parties, including the

17 general public;

18 ‘‘(5) identify effective strategies that enhance

19 the opportunities of individuals with disabilities to

20 engage in employment, including employment involv21 ing telecommuting and self-employment; and

22 ‘‘(6) increase opportunities for researchers who

23 are members of traditionally underserved popu24 lations, including researchers who are members of
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•S 1579 IS

1 minority groups and researchers who are individuals

2 with disabilities.

3 ‘‘AUTHORIZATION OF APPROPRIATIONS

4 ‘‘SEC. 201. (a) There are authorized to be appro5 priated—

6 ‘‘(1) for the purpose of providing for the ex7 penses of the National Institute on Disability and

8 Rehabilitation Research under section 202, which

9 shall include the expenses of the Rehabilitation Re10 search Advisory Council under section 205, and shall

11 not include the expenses of such Institute to carry

12 out section 204, such sums as may be necessary for

13 each of fiscal years 1998 through 2004; and

14 ‘‘(2) to carry out section 204, such sums as

15 may be necessary for each of fiscal years 1998

16 through 2004.

17 ‘‘(b) Funds appropriated under this title shall remain

18 available until expended.

19 ‘‘NATIONAL INSTITUTE ON DISABILITY AND

20 REHABILITATION RESEARCH

21 ‘‘SEC. 202. (a)(1) There is established within the De22 partment of Education a National Institute on Disability

23 and Rehabilitation Research (hereinafter in this title re24 ferred to as the ‘Institute’), which shall be headed by a
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1 Director (hereinafter in this title referred to as the ‘Direc2 tor’), in order to—

3 ‘‘(A) promote, coordinate, and provide for—

4 ‘‘(i) research;

5 ‘‘(ii) demonstration projects and training;

6 and

7 ‘‘(iii) related activities,

8 with respect to individuals with disabilities;

9 ‘‘(B) more effectively carry out activities

10 through the programs under section 204 and activi11 ties under this section;

12 ‘‘(C) widely disseminate information from the

13 activities described in subparagraphs (A) and (B);

14 and

15 ‘‘(D) provide leadership in advancing the qual16 ity of life of individuals with disabilities.

17 ‘‘(2) In the performance of the functions of the office,

18 the Director shall be directly responsible to the Secretary

19 or to the same Under Secretary or Assistant Secretary of

20 the Department of Education to whom the Commissioner

21 is responsible under section 3(a).

22 ‘‘(b) The Director, through the Institute, shall be re23 sponsible for—

24 ‘‘(1) administering the programs described in

25 section 204 and activities under this section;
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1 ‘‘(2) widely disseminating findings, conclusions,

2 and recommendations, resulting from research, dem3 onstration projects, training, and related activities

4 (referred to in this title as ‘covered activities’) fund5 ed by the Institute, to—

6 ‘‘(A) other Federal, State, tribal, and local

7 public agencies;

8 ‘‘(B) private organizations engaged in re9 search relating to rehabilitation or providing re10 habilitation services;

11 ‘‘(C) rehabilitation practitioners; and

12 ‘‘(D) individuals with disabilities and the

13 individuals’ representatives;

14 ‘‘(3) coordinating, through the Interagency

15 Committee established by section 203 of this Act, all

16 Federal programs and policies relating to research in

17 rehabilitation;

18 ‘‘(4) widely disseminating educational materials

19 and research results, concerning ways to maximize

20 the full inclusion and integration into society, em21 ployment, independent living, family support, and

22 economic and social self-sufficiency of individuals

23 with disabilities, to—

24 ‘‘(A) public and private entities, includ25 ing—
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1 ‘‘(i) elementary and secondary schools

2 (as defined in section 14101 of the Ele3 mentary and Secondary Education Act of

4 1965; and

5 ‘‘(ii) institutions of higher education;

6 ‘‘(B) rehabilitation practitioners;

7 ‘‘(C) individuals with disabilities (especially

8 such individuals who are members of minority

9 groups or of populations that are unserved or

10 underserved by programs under this Act); and

11 ‘‘(D) the individuals’ representatives for

12 the individuals described in subparagraph (C);

13 ‘‘(5)(A) conducting an education program to in14 form the public about ways of providing for the re15 habilitation of individuals with disabilities, including

16 information relating to—

17 ‘‘(i) family care;

18 ‘‘(ii) self-care; and

19 ‘‘(iii) assistive technology devices and as20 sistive technology services; and

21 ‘‘(B) as part of the program, disseminating en22 gineering information about assistive technology de23 vices;

24 ‘‘(6) conducting conferences, seminars, and

25 workshops (including in-service training programs
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1 and programs for individuals with disabilities) con2 cerning advances in rehabilitation research and reha3 bilitation technology (including advances concerning

4 the selection and use of assistive technology devices

5 and assistive technology services), pertinent to the

6 full inclusion and integration into society, employ7 ment, independent living, family support, and eco8 nomic and social self-sufficiency of individuals with

9 disabilities;

10 ‘‘(7) taking whatever action is necessary to keep

11 the Congress fully and currently informed with re12 spect to the implementation and conduct of pro13 grams and activities carried out under this title, in14 cluding dissemination activities;

15 ‘‘(8) producing, in conjunction with the Depart16 ment of Labor, the National Center for Health Sta17 tistics, the Bureau of the Census, the Health Care

18 Financing Administration, the Social Security Ad19 ministration, the Bureau of Indian Affairs, the In20 dian Health Service, and other Federal departments

21 and agencies, as may be appropriate, statistical re22 ports and studies on the employment, health, in23 come, and other demographic characteristics of indi24 viduals with disabilities, including information on in25 dividuals with disabilities who live in rural or inner-
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•S 1579 IS

1 city settings, with particular attention given to un2 derserved populations, and widely disseminating

3 such reports and studies to rehabilitation profes4 sionals, individuals with disabilities, the individuals’

5 representatives, and others to assist in the planning,

6 assessment, and evaluation of vocational and other

7 rehabilitation services for individuals with disabil8 ities;

9 ‘‘(9) conducting research on consumer satisfac10 tion with vocational rehabilitation services for the

11 purpose of identifying effective rehabilitation pro12 grams and policies that promote the independence of

13 individuals with disabilities and achievement of long14 term vocational goals;

15 ‘‘(10) conducting research to examine the rela16 tionship between the provision of specific services

17 and successful, sustained employment outcomes, in18 cluding employment outcomes involving self-employ19 ment; and

20 ‘‘(11) coordinating activities with the Attorney

21 General regarding the provision of information,

22 training, or technical assistance regarding the Amer23 icans with Disabilities Act of 1990 (42 U.S.C.

24 12101 et seq.) to ensure consistency with the plan
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•S 1579 IS

1 for technical assistance required under section 506

2 of such Act (42 U.S.C. 12206).

3 ‘‘(c)(1) The Director, acting through the Institute or

4 1 or more entities funded by the Institute, shall provide

5 for the development and dissemination of models to ad6 dress consumer-driven information needs related to assist7 ive technology devices and assistive technology services.

8 ‘‘(2) The development and dissemination of models

9 may include—

10 ‘‘(A) convening groups of individuals with dis11 abilities, family members and advocates of such indi12 viduals, commercial producers of assistive tech13 nology, and entities funded by the Institute to de14 velop, assess, and disseminate knowledge about in15 formation needs related to assistive technology;

16 ‘‘(B) identifying the types of information re17 garding assistive technology devices and assistive

18 technology services that individuals with disabilities

19 find especially useful;

20 ‘‘(C) evaluating current models, and developing

21 new models, for transmitting the information de22 scribed in subparagraph (B) to consumers and to

23 commercial producers of assistive technology; and

24 ‘‘(D) disseminating through 1 or more entities

25 funded by the Institute, the models described in sub-
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•S 1579 IS

1 paragraph (C) and findings regarding the informa2 tion described in subparagraph (B) to consumers

3 and commercial producers of assistive technology.

4 ‘‘(d)(1) The Director of the Institute shall be ap5 pointed by the Secretary. The Director shall be an individ6 ual with substantial experience in rehabilitation and in re7 search administration. The Director shall be compensated

8 at the rate payable for level V of the Executive Schedule

9 under section 5316 of title 5, United States Code. The

10 Director shall not delegate any of his functions to any offi11 cer who is not directly responsible to the Director.

12 ‘‘(2) There shall be a Deputy Director of the Institute

13 (referred to in this section as the ‘Deputy Director’) who

14 shall be appointed by the Secretary. The Deputy Director

15 shall be an individual with substantial experience in reha16 bilitation and in research administration. The Deputy Di17 rector shall be compensated at the rate of pay for level

18 4 of the Senior Executive Service Schedule under section

19 5382 of title 5, United States Code, and shall act for the

20 Director during the absence of the Director or the inability

21 of the Director to perform the essential functions of the

22 job, exercising such powers as the Director may prescribe.

23 In the case of any vacancy in the office of the Director,

24 the Deputy Director shall serve as Director until a Direc25 tor is appointed under paragraph (1). The position created
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1 by this paragraph shall be a Senior Executive Service posi2 tion, as defined in section 3132 of title 5, United States

3 Code.

4 ‘‘(3) The Director, subject to the approval of the

5 President, may appoint, for terms not to exceed three

6 years, without regard to the provisions of title 5, United

7 States Code, governing appointment in the competitive

8 service, and may compensate, without regard to the provi9 sions of chapter 51 and subchapter III of chapter 53 of

10 such title relating to classification and General Schedule

11 pay rates, such technical and professional employees of the

12 Institute as the Director determines to be necessary to ac13 complish the functions of the Institute and also appoint

14 and compensate without regard to such provisions, in a

15 number not to exceed one-fifth of the number of full-time,

16 regular technical and professional employees of the Insti17 tute.

18 ‘‘(4) The Director may obtain the services of consult19 ants, without regard to the provisions of title 5, United

20 States Code, governing appointments in the competitive

21 service.

22 ‘‘(e) The Director, pursuant to regulations which the

23 Secretary shall prescribe, may establish and maintain fel24 lowships with such stipends and allowances, including

25 travel and subsistence expenses provided for under title
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•S 1579 IS

1 5, United States Code, as the Director considers necessary

2 to procure the assistance of highly qualified research fel3 lows, including individuals with disabilities, from the

4 United States and foreign countries.

5 ‘‘(f)(1) The Director shall, pursuant to regulations

6 that the Secretary shall prescribe, provide for scientific

7 peer review of all applications for financial assistance for

8 research, training, and demonstration projects over which

9 the Director has authority. The Director shall provide for

10 the review by utilizing, to the maximum extent possible,

11 appropriate peer review panels established within the In12 stitute. The panels shall be standing panels if the grant

13 period involved or the duration of the program involved

14 is not more than 3 years. The panels shall be composed

15 of individuals who are not Federal employees, who are sci16 entists or other experts in the rehabilitation field (includ17 ing the independent living field), including knowledgeable

18 individuals with disabilities, and the individuals’ rep19 resentatives, and who are competent to review applications

20 for the financial assistance.

21 ‘‘(2) The Federal Advisory Committee Act (5 U.S.C.

22 App.) shall not apply to the panels.

23 ‘‘(3) The Director shall solicit nominations for such

24 panels from the public and shall publish the names of the

25 individuals selected. Individuals comprising each panel
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•S 1579 IS

1 shall be selected from a pool of qualified individuals to

2 facilitate knowledgeable, cost-effective review.

3 ‘‘(4) In providing for such scientific peer review, the

4 Secretary shall provide for training, as necessary and ap5 propriate, to facilitate the effective participation of those

6 individuals selected to participate in such review.

7 ‘‘(g) Not less than 90 percent of the funds appro8 priated under this title for any fiscal year shall be ex9 pended by the Director to carry out activities under this

10 title through grants, contracts, or cooperative agreements.

11 Up to 10 percent of the funds appropriated under this

12 title for any fiscal year may be expended directly for the

13 purpose of carrying out the functions of the Director

14 under this section.

15 ‘‘(h)(1) The Director shall—

16 ‘‘(A) by October 1, 1998 and every fifth Octo17 ber 1 thereafter, prepare and publish in the Federal

18 Register for public comment a draft of a 5-year plan

19 that outlines priorities for rehabilitation research,

20 demonstration projects, training, and related activi21 ties and explains the basis for such priorities;

22 ‘‘(B) by June 1, 1999, and every fifth June 1

23 thereafter, after considering public comments, sub24 mit the plan in final form to the appropriate com25 mittees of Congress;
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•S 1579 IS

1 ‘‘(C) at appropriate intervals, prepare and sub2 mit revisions in the plan to the appropriate commit3 tees of Congress; and

4 ‘‘(D) annually prepare and submit progress re5 ports on the plan to the appropriate committees of

6 Congress.

7 ‘‘(2) Such plan shall—

8 ‘‘(A) identify any covered activity that should

9 be conducted under this section and section 204 re10 specting the full inclusion and integration into soci11 ety of individuals with disabilities, especially in the

12 area of employment;

13 ‘‘(B) determine the funding priorities for cov14 ered activities to be conducted under this section

15 and section 204;

16 ‘‘(C) specify appropriate goals and timetables

17 for covered activities to be conducted under this sec18 tion and section 204;

19 ‘‘(D) be developed by the Director—

20 ‘‘(i) after consultation with the Rehabilita21 tion Research Advisory Council established

22 under section 205;

23 ‘‘(ii) in coordination with the Commis24 sioner;
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•S 1579 IS

1 ‘‘(iii) after consultation with the National

2 Council on Disability established under title IV,

3 the Secretary of Education, officials responsible

4 for the administration of the Developmental

5 Disabilities Assistance and Bill of Rights Act

6 (42 U.S.C. 6000 et seq.), and the Interagency

7 Committee on Disability Research established

8 under section 203; and

9 ‘‘(iv) after full consideration of the input of

10 individuals with disabilities and the individuals’

11 representatives, organizations representing indi12 viduals with disabilities, providers of services

13 furnished under this Act, researchers in the re14 habilitation field, and any other persons or enti15 ties the Director considers to be appropriate;

16 ‘‘(E) specify plans for widespread dissemination

17 of the results of covered activities, in accessible for18 mats, to rehabilitation practitioners, individuals with

19 disabilities, and the individuals’ representatives; and

20 ‘‘(F) specify plans for widespread dissemination

21 of the results of covered activities that concern indi22 viduals with disabilities who are members of minor23 ity groups or of populations that are unserved or un24 derserved by programs carried out under this Act.
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•S 1579 IS

1 ‘‘(i) In order to promote cooperation among Federal

2 departments and agencies conducting research programs,

3 the Director shall consult with the administrators of such

4 programs, and with the Interagency Committee estab5 lished by section 203, regarding the design of research

6 projects conducted by such entities and the results and

7 applications of such research.

8 ‘‘(j)(1) The Director shall take appropriate actions

9 to provide for a comprehensive and coordinated research

10 program under this title. In providing such a program,

11 the Director may undertake joint activities with other

12 Federal entities engaged in research and with appropriate

13 private entities. Any Federal entity proposing to establish

14 any research project related to the purposes of this Act

15 shall consult, through the Interagency Committee estab16 lished by section 203, with the Director as Chairperson

17 of such Committee and provide the Director with sufficient

18 prior opportunity to comment on such project.

19 ‘‘(2) Any person responsible for administering any

20 program of the National Institutes of Health, the Depart21 ment of Veterans Affairs, the National Science Founda22 tion, the National Aeronautics and Space Administration,

23 the Office of Special Education and Rehabilitative Serv24 ices, or of any other Federal entity, shall, through the

25 Interagency Committee established by section 203, consult
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•S 1579 IS

1 and cooperate with the Director in carrying out such pro2 gram if the program is related to the purposes of this title.

3 ‘‘(k) The Director shall make grants to institutions

4 of higher education for the training of rehabilitation re5 searchers, including individuals with disabilities, with par6 ticular attention to research areas that support the imple7 mentation and objectives of this Act and that improve the

8 effectiveness of services authorized under this Act.

9 ‘‘INTERAGENCY COMMITTEE

10 ‘‘SEC. 203. (a)(1) In order to promote coordination

11 and cooperation among Federal departments and agencies

12 conducting rehabilitation research programs, there is es13 tablished within the Federal Government an Interagency

14 Committee on Disability Research (hereinafter in this sec15 tion referred to as the ‘Committee’), chaired by the Direc16 tor and comprised of such members as the President may

17 designate, including the following (or their designees): the

18 Director, the Commissioner of the Rehabilitation Services

19 Administration, the Assistant Secretary for Special Edu20 cation and Rehabilitative Services, the Secretary of Edu21 cation, the Secretary of Veterans Affairs, the Director of

22 the National Institutes of Health, the Director of the Na23 tional Institute of Mental Health, the Administrator of the

24 National Aeronautics and Space Administration, the Sec25 retary of Transportation, the Assistant Secretary of the
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1 Interior for Indian Affairs, the Director of the Indian

2 Health Service, and the Director of the National Science

3 Foundation.

4 ‘‘(2) The Committee shall meet not less than four

5 times each year.

6 ‘‘(b) After receiving input from individuals with dis7 abilities and the individuals’ representatives, the Commit8 tee shall identify, assess, and seek to coordinate all Fed9 eral programs, activities, and projects, and plans for such

10 programs, activities, and projects with respect to the con11 duct of research related to rehabilitation of individuals

12 with disabilities.

13 ‘‘(c) The Committee shall annually submit to the

14 President and to the appropriate committees of the Con15 gress a report making such recommendations as the Com16 mittee deems appropriate with respect to coordination of

17 policy and development of objectives and priorities for all

18 Federal programs relating to the conduct of research re19 lated to rehabilitation of individuals with disabilities.

20 ‘‘RESEARCH AND OTHER COVERED ACTIVITIES

21 ‘‘SEC. 204. (a)(1) To the extent consistent with prior22 ities established in the 5-year plan described in section

23 202(h), the Director may make grants to and contracts

24 with States and public or private agencies and organiza25 tions, including institutions of higher education, Indian
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•S 1579 IS

1 tribes, and tribal organizations, to pay part of the cost

2 of projects for the purpose of planning and conducting re3 search, demonstration projects, training, and related ac4 tivities, the purposes of which are to develop methods, pro5 cedures, and rehabilitation technology, that maximize the

6 full inclusion and integration into society, employment,

7 independent living, family support, and economic and so8 cial self-sufficiency of individuals with disabilities, espe9 cially individuals with the most significant disabilities, and

10 improve the effectiveness of services authorized under this

11 Act.

12 ‘‘(2)(A) In carrying out this section, the Director

13 shall emphasize projects that support the implementation

14 of titles I, III, V, VI, and VII, including projects address15 ing the needs described in the State plans submitted under

16 section 101 or 704 by State agencies.

17 ‘‘(B) Such projects, as described in the State plans

18 submitted by State agencies, may include—

19 ‘‘(i) medical and other scientific, technical,

20 methodological, and other investigations into the na21 ture of disability, methods of analyzing it, and re22 storative techniques, including basic research where

23 related to rehabilitation techniques or services;

24 ‘‘(ii) studies and analysis of industrial, voca25 tional, social, recreational, psychiatric, psychological,
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•S 1579 IS

1 economic, and other factors affecting rehabilitation

2 of individuals with disabilities;

3 ‘‘(iii) studies and analysis of special problems of

4 individuals who are homebound and individuals who

5 are institutionalized;

6 ‘‘(iv) studies, analyses, and demonstrations of

7 architectural and engineering design adapted to

8 meet the special needs of individuals with disabil9 ities;

10 ‘‘(v) studies, analyses, and other activities relat11 ed to supported employment;

12 ‘‘(vi) related activities which hold promise of in13 creasing knowledge and improving methods in the

14 rehabilitation of individuals with disabilities and in15 dividuals with the most significant disabilities, par16 ticularly individuals with disabilities, and individuals

17 with the most significant disabilities, who are mem18 bers of populations that are unserved or underserved

19 by programs under this Act; and

20 ‘‘(vii) studies, analyses, and other activities re21 lated to job accommodations, including the use of re22 habilitation engineering and assistive technology.

23 ‘‘(b)(1) In addition to carrying out projects under

24 subsection (a), the Director may make grants under this

25 subsection (referred to in this subsection as ‘research
221

•S 1579 IS

1 grants’) to pay part or all of the cost of the research or

2 other specialized covered activities described in paragraphs

3 (2) through (18). A research grant made under any of

4 paragraphs (2) through (18) may only be used in a man5 ner consistent with priorities established in the 5-year plan

6 described in section 202(h).

7 ‘‘(2)(A) Research grants may be used for the estab8 lishment and support of Rehabilitation Research and

9 Training Centers, for the purpose of providing an inte10 grated program of research, which Centers shall—

11 ‘‘(i) be operated in collaboration with institu12 tions of higher education or providers of rehabilita13 tion services or other appropriate services; and

14 ‘‘(ii) serve as centers of national excellence and

15 national or regional resources for providers and indi16 viduals with disabilities and the individuals’ rep17 resentatives.

18 ‘‘(B) The Centers shall conduct research and training

19 activities by—

20 ‘‘(i) conducting coordinated and advanced pro21 grams of research in rehabilitation targeted toward

22 the production of new knowledge that will improve

23 rehabilitation methodology and service delivery sys24 tems, alleviate or stabilize disabling conditions, and

25 promote maximum social and economic independence
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•S 1579 IS

1 of individuals with disabilities, especially promoting

2 the ability of the individuals to prepare for, secure,

3 retain, regain, or advance in employment;

4 ‘‘(ii) providing training (including graduate,

5 pre-service, and in-service training) to assist individ6 uals to more effectively provide rehabilitation serv7 ices;

8 ‘‘(iii) providing training (including graduate,

9 pre-service, and in-service training) for rehabilitation

10 research personnel and other rehabilitation person11 nel; and

12 ‘‘(iv) serving as an informational and technical

13 assistance resource to providers, individuals with dis14 abilities, and the individuals’ representatives,

15 through conferences, workshops, public education

16 programs, in-service training programs, and similar

17 activities.

18 ‘‘(C) The research to be carried out at each such Cen19 ter may include—

20 ‘‘(i) basic or applied medical rehabilitation re21 search;

22 ‘‘(ii) research regarding the psychological and

23 social aspects of rehabilitation, including disability

24 policy;
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•S 1579 IS

1 ‘‘(iii) research related to vocational rehabilita2 tion;

3 ‘‘(iv) continuation of research that promotes the

4 emotional, social, educational, and functional growth

5 of children who are individuals with disabilities;

6 ‘‘(v) continuation of research to develop and

7 evaluate interventions, policies, and services that

8 support families of those children and adults who

9 are individuals with disabilities; and

10 ‘‘(vi) continuation of research that will improve

11 services and policies that foster the productivity,

12 independence, and social integration of individuals

13 with disabilities, and enable individuals with disabil14 ities, including individuals with mental retardation

15 and other developmental disabilities, to live in their

16 communities.

17 ‘‘(D) Training of students preparing to be rehabilita18 tion personnel shall be an important priority for such a

19 Center.

20 ‘‘(E) The Director shall make grants under this para21 graph to establish and support both comprehensive centers

22 dealing with multiple disabilities and centers primarily fo23 cused on particular disabilities.

24 ‘‘(F) Grants made under this paragraph may be used

25 to provide funds for services rendered by such a Center
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•S 1579 IS

1 to individuals with disabilities in connection with the re2 search and training activities.

3 ‘‘(G) Grants made under this paragraph may be used

4 to provide faculty support for teaching—

5 ‘‘(i) rehabilitation-related courses of study for

6 credit; and

7 ‘‘(ii) other courses offered by the Centers, ei8 ther directly or through another entity.

9 ‘‘(H) The research and training activities conducted

10 by such a Center shall be conducted in a manner that is

11 accessible to and usable by individuals with disabilities.

12 ‘‘(I) The Director shall encourage the Centers to de13 velop practical applications for the findings of the research

14 of the Centers.

15 ‘‘(J) In awarding grants under this paragraph, the

16 Director shall take into consideration the location of any

17 proposed Center and the appropriate geographic and re18 gional allocation of such Centers.

19 ‘‘(K) To be eligible to receive a grant under this para20 graph, each such institution or provider described in sub21 paragraph (A) shall—

22 ‘‘(i) be of sufficient size, scope, and quality to

23 effectively carry out the activities in an efficient

24 manner consistent with appropriate State and Fed25 eral law; and
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•S 1579 IS

1 ‘‘(ii) demonstrate the ability to carry out the

2 training activities either directly or through another

3 entity that can provide such training.

4 ‘‘(L) The Director shall make grants under this para5 graph for periods of 5 years, except that the Director may

6 make a grant for a period of less than 5 years if—

7 ‘‘(i) the grant is made to a new recipient; or

8 ‘‘(ii) the grant supports new or innovative re9 search.

10 ‘‘(M) Grants made under this paragraph shall be

11 made on a competitive basis. To be eligible to receive a

12 grant under this paragraph, a prospective grant recipient

13 shall submit an application to the Director at such time,

14 in such manner, and containing such information as the

15 Director may require.

16 ‘‘(N) In conducting scientific peer review under sec17 tion 202(f) of an application for the renewal of a grant

18 made under this paragraph, the peer review panel shall

19 take into account the past performance of the applicant

20 in carrying out the grant and input from individuals with

21 disabilities and the individuals’ representatives.

22 ‘‘(O) An institution or provider that receives a grant

23 under this paragraph to establish such a Center may not

24 collect more than 15 percent of the amount of the grant

25 received by the Center in indirect cost charges.
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•S 1579 IS

1 ‘‘(3)(A) Research grants may be used for the estab2 lishment and support of Rehabilitation Engineering Re3 search Centers, operated by or in collaboration with insti4 tutions of higher education or nonprofit organizations, to

5 conduct research or demonstration activities, and training

6 activities, regarding rehabilitation technology, including

7 rehabilitation engineering, assistive technology devices,

8 and assistive technology services, for the purposes of en9 hancing opportunities for better meeting the needs of, and

10 addressing the barriers confronted by, individuals with

11 disabilities in all aspects of their lives.

12 ‘‘(B) In order to carry out the purposes set forth in

13 subparagraph (A), such a Center shall carry out the re14 search or demonstration activities by—

15 ‘‘(i) developing and disseminating innovative

16 methods of applying advanced technology, scientific

17 achievement, and psychological and social knowledge

18 to—

19 ‘‘(I) solve rehabilitation problems and re20 move environmental barriers through planning

21 and conducting research, including cooperative

22 research with public or private agencies and or23 ganizations, designed to produce new scientific

24 knowledge, and new or improved methods,

25 equipment, and devices; and
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•S 1579 IS

1 ‘‘(II) study new or emerging technologies,

2 products, or environments, and the effectiveness

3 and benefits of such technologies, products, or

4 environments;

5 ‘‘(ii) demonstrating and disseminating—

6 ‘‘(I) innovative models for the delivery, to

7 rural and urban areas, of cost-effective rehabili8 tation technology services that promote utiliza9 tion of assistive technology devices; and

10 ‘‘(II) other scientific research to assist in

11 meeting the employment and independent living

12 needs of individuals with significant disabilities;

13 or

14 ‘‘(iii) conducting research or demonstration ac15 tivities that facilitate service delivery systems change

16 by demonstrating, evaluating, documenting, and dis17 seminating—

18 ‘‘(I) consumer responsive and individual

19 and family-centered innovative models for the

20 delivery to both rural and urban areas, of inno21 vative cost-effective rehabilitation technology

22 services that promote utilization of rehabilita23 tion technology; and

24 ‘‘(II) other scientific research to assist in

25 meeting the employment and independent living
228

•S 1579 IS

1 needs of, and addressing the barriers con2 fronted by, individuals with disabilities, includ3 ing individuals with significant disabilities.

4 ‘‘(C) To the extent consistent with the nature and

5 type of research or demonstration activities described in

6 subparagraph (B), each Center established or supported

7 through a grant made available under this paragraph

8 shall—

9 ‘‘(i) cooperate with programs established under

10 the Technology-Related Assistance for Individuals

11 With Disabilities Act of 1988 (29 U.S.C. 2201 et

12 seq.) and other regional and local programs to pro13 vide information to individuals with disabilities and

14 the individuals’ representatives to—

15 ‘‘(I) increase awareness and understanding

16 of how rehabilitation technology can address

17 their needs; and

18 ‘‘(II) increase awareness and understand19 ing of the range of options, programs, services,

20 and resources available, including financing op21 tions for the technology and services covered by

22 the area of focus of the Center;

23 ‘‘(ii) provide training opportunities to individ24 uals, including individuals with disabilities, to be25 come researchers of rehabilitation technology and
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•S 1579 IS

1 practitioners of rehabilitation technology in conjunc2 tion with institutions of higher education and non3 profit organizations; and

4 ‘‘(iii) respond, through research or demonstra5 tion activities, to the needs of individuals with all

6 types of disabilities who may benefit from the appli7 cation of technology within the area of focus of the

8 Center.

9 ‘‘(D)(i) In establishing Centers to conduct the re10 search or demonstration activities described in subpara11 graph (B)(iii), the Director may establish one Center in

12 each of the following areas of focus:

13 ‘‘(I) Early childhood services, including early

14 intervention and family support.

15 ‘‘(II) Education at the elementary and second16 ary levels, including transition from school to post17 school activities.

18 ‘‘(III) Employment, including supported em19 ployment, and reasonable accommodations and the

20 reduction of environmental barriers as required by

21 the Americans with Disabilities Act of 1990 (42

22 U.S.C. 12101 et seq.) and title V.

23 ‘‘(IV) Independent living, including transition

24 from institutional to community living, maintenance
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•S 1579 IS

1 of community living on leaving the work force, self2 help skills, and activities of daily living.

3 ‘‘(ii) Each Center conducting the research or dem4 onstration activities described in subparagraph (B)(iii)

5 shall have an advisory committee, of which the majority

6 of members are individuals with disabilities who are users

7 of rehabilitation technology, and the individuals’ rep8 resentatives.

9 ‘‘(E) Grants made under this paragraph shall be

10 made on a competitive basis and shall be for a period of

11 5 years, except that the Director may make a grant for

12 a period of less than 5 years if—

13 ‘‘(i) the grant is made to a new recipient; or

14 ‘‘(ii) the grant supports new or innovative re15 search.

16 ‘‘(F) To be eligible to receive a grant under this para17 graph, a prospective grant recipient shall submit an appli18 cation to the Director at such time, in such manner, and

19 containing such information as the Director may require.

20 ‘‘(G) Each Center established or supported through

21 a grant made available under this paragraph shall—

22 ‘‘(i) cooperate with State agencies and other

23 local, State, regional, and national programs and or24 ganizations developing or delivering rehabilitation

25 technology, including State programs funded under
231

•S 1579 IS

1 the Technology-Related Assistance for Individuals

2 With Disabilities Act of 1988 (29 U.S.C. 2201 et

3 seq.); and

4 ‘‘(ii) prepare and submit to the Director as part

5 of an application for continuation of a grant, or as

6 a final report, a report that documents the outcomes

7 of the program of the Center in terms of both short8 and long-term impact on the lives of individuals with

9 disabilities, and such other information as may be

10 requested by the Director.

11 ‘‘(4)(A) Research grants may be used to conduct a

12 program for spinal cord injury research, including con13 ducting such a program by making grants to public or

14 private agencies and organizations to pay part or all of

15 the costs of special projects and demonstration projects

16 for spinal cord injuries, that will—

17 ‘‘(i) ensure widespread dissemination of re18 search findings among all Spinal Cord Injury Cen19 ters, to rehabilitation practitioners, individuals with

20 spinal cord injury, the individuals’ representatives,

21 and organizations receiving financial assistance

22 under this paragraph;

23 ‘‘(ii) provide encouragement and support for

24 initiatives and new approaches by individual and in25 stitutional investigators; and
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•S 1579 IS

1 ‘‘(iii) establish and maintain close working rela2 tionships with other governmental and voluntary in3 stitutions and organizations engaged in similar ef4 forts in order to unify and coordinate scientific ef5 forts, encourage joint planning, and promote the

6 interchange of data and reports among spinal cord

7 injury investigations.

8 ‘‘(B) Any agency or organization carrying out a

9 project or demonstration project assisted by a grant under

10 this paragraph that provides services to individuals with

11 spinal cord injuries shall—

12 ‘‘(i) establish, on an appropriate regional basis,

13 a multidisciplinary system of providing vocational

14 and other rehabilitation services, specifically de15 signed to meet the special needs of individuals with

16 spinal cord injuries, including acute care as well as

17 periodic inpatient or outpatient followup and serv18 ices;

19 ‘‘(ii) demonstrate and evaluate the benefits to

20 individuals with spinal cord injuries served in, and

21 the degree of cost effectiveness of, such a regional

22 system;

23 ‘‘(iii) demonstrate and evaluate existing, new,

24 and improved methods and rehabilitation technology
233

•S 1579 IS

1 essential to the care, management, and rehabilitation

2 of individuals with spinal cord injuries; and

3 ‘‘(iv) demonstrate and evaluate methods of com4 munity outreach for individuals with spinal cord in5 juries and community education in connection with

6 the problems of such individuals in areas such as

7 housing, transportation, recreation, employment, and

8 community activities.

9 ‘‘(C) In awarding grants under this paragraph, the

10 Director shall take into account the location of any pro11 posed Spinal Cord Injury Center and the appropriate geo12 graphic and regional allocation of such Centers.

13 ‘‘(5) Research grants may be used to conduct a pro14 gram for end-stage renal disease research, to include sup15 port of projects and demonstrations for providing special

16 services (including transplantation and dialysis), artificial

17 kidneys, and supplies necessary for the rehabilitation of

18 individuals with such disease and which will—

19 ‘‘(A) insure dissemination of research findings;

20 ‘‘(B) provide encouragement and support for

21 initiatives and new approaches by individuals and in22 stitutional investigators; and

23 ‘‘(C) establish and maintain close working rela24 tionships with other governmental and voluntary in-
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•S 1579 IS

1 stitutions and organizations engaged in similar ef2 forts,

3 in order to unify and coordinate scientific efforts, encour4 age joint planning, and promote the interchange of data

5 and reports among investigators in the field of end-stage

6 renal disease. No person shall be selected to participate

7 in such program who is eligible for services for such dis8 ease under any other provision of law.

9 ‘‘(6) Research grants may be used to conduct a pro10 gram for international rehabilitation research, demonstra11 tion, and training for the purpose of developing new

12 knowledge and methods in the rehabilitation of individuals

13 with disabilities in the United States, cooperating with and

14 assisting in developing and sharing information found use15 ful in other nations in the rehabilitation of individuals with

16 disabilities, and initiating a program to exchange experts

17 and technical assistance in the field of rehabilitation of

18 individuals with disabilities with other nations as a means

19 of increasing the levels of skill of rehabilitation personnel.

20 ‘‘(7) Research grants may be used to conduct a re21 search program concerning the use of existing tele22 communications systems (including telephone, television,

23 satellite, radio, and other similar systems) which have the

24 potential for substantially improving service delivery meth-
235

•S 1579 IS

1 ods, and the development of appropriate programing to

2 meet the particular needs of individuals with disabilities.

3 ‘‘(8) Research grants may be used to conduct a pro4 gram of joint projects with the National Institutes of

5 Health, the National Institute of Mental Health, the

6 Health Services Administration, the Administration on

7 Aging, the National Science Foundation, the Veterans’

8 Administration, the Department of Health and Human

9 Services, the National Aeronautics and Space Administra10 tion, other Federal agencies, and private industry in areas

11 of joint interest involving rehabilitation.

12 ‘‘(9) Research grants may be used to conduct a pro13 gram of research related to the rehabilitation of children,

14 or older individuals, who are individuals with disabilities,

15 including older American Indians who are individuals with

16 disabilities. Such research program may include projects

17 designed to assist the adjustment of, or maintain as resi18 dents in the community, older workers who are individuals

19 with disabilities on leaving the work force.

20 ‘‘(10) Research grants may be used to conduct a re21 search program to develop and demonstrate innovative

22 methods to attract and retain professionals to serve in

23 rural areas in the rehabilitation of individuals with disabil24 ities, including individuals with significant disabilities.
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•S 1579 IS

1 ‘‘(11) Research grants may be used to conduct a

2 model research and demonstration project designed to as3 sess the feasibility of establishing a center for producing

4 and distributing to individuals who are deaf or hard of

5 hearing captioned video cassettes providing a broad range

6 of educational, cultural, scientific, and vocational pro7 graming.

8 ‘‘(12) Research grants may be used to conduct a

9 model research and demonstration program to develop in10 novative methods of providing services for preschool age

11 children who are individuals with disabilities, including

12 the—

13 ‘‘(A) early intervention, assessment, parent

14 counseling, infant stimulation, early identification,

15 diagnosis, and evaluation of children who are indi16 viduals with significant disabilities up to the age of

17 five, with a special emphasis on children who are in18 dividuals with significant disabilities up to the age of

19 three;

20 ‘‘(B) such physical therapy, language develop21 ment, pediatric, nursing, psychological, and psy22 chiatric services as are necessary for such children;

23 and
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•S 1579 IS

1 ‘‘(C) appropriate services for the parents of

2 such children, including psychological and psy3 chiatric services, parent counseling, and training.

4 ‘‘(13) Research grants may be used to conduct a

5 model research and training program under which model

6 training centers shall be established to develop and use

7 more advanced and effective methods of evaluating and

8 addressing the employment needs of individuals with dis9 abilities, including programs which—

10 ‘‘(A) provide training and continuing education

11 for personnel involved with the employment of indi12 viduals with disabilities;

13 ‘‘(B) develop model procedures for testing and

14 evaluating the employment needs of individuals with

15 disabilities;

16 ‘‘(C) develop model training programs to teach

17 individuals with disabilities skills which will lead to

18 appropriate employment;

19 ‘‘(D) develop new approaches for job placement

20 of individuals with disabilities, including new follow21 up procedures relating to such placement;

22 ‘‘(E) provide information services regarding

23 education, training, employment, and job placement

24 for individuals with disabilities; and
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•S 1579 IS

1 ‘‘(F) develop new approaches and provide infor2 mation regarding job accommodations, including the

3 use of rehabilitation engineering and assistive tech4 nology.

5 ‘‘(14) Research grants may be used to conduct a re6 habilitation research program under which financial as7 sistance is provided in order to—

8 ‘‘(A) test new concepts and innovative ideas;

9 ‘‘(B) demonstrate research results of high po10 tential benefits;

11 ‘‘(C) purchase prototype aids and devices for

12 evaluation;

13 ‘‘(D) develop unique rehabilitation training cur14 ricula; and

15 ‘‘(E) be responsive to special initiatives of the

16 Director.

17 No single grant under this paragraph may exceed $50,000

18 in any fiscal year and all payments made under this para19 graph in any fiscal year may not exceed 5 percent of the

20 amount available for this section to the National Institute

21 on Disability and Rehabilitation Research in any fiscal

22 year. Regulations and administrative procedures with re23 spect to financial assistance under this paragraph shall,

24 to the maximum extent possible, be expedited.
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•S 1579 IS

1 ‘‘(15) Research grants may be used to conduct stud2 ies of the rehabilitation needs of American Indian popu3 lations and of effective mechanisms for the delivery of re4 habilitation services to Indians residing on and off reserva5 tions.

6 ‘‘(16) Research grants may be used to conduct a

7 demonstration program under which one or more projects

8 national in scope shall be established to develop proce9 dures to provide incentives for the development, manufac10 turing, and marketing of orphan technological devices, in11 cluding technology transfer concerning such devices, de12 signed to enable individuals with disabilities to achieve

13 independence and access to gainful employment.

14 ‘‘(17)(A) Research grants may be used to conduct a

15 research program related to quality assurance in the area

16 of rehabilitation technology.

17 ‘‘(B) Activities carried out under the research pro18 gram may include—

19 ‘‘(i) the development of methodologies to evalu20 ate rehabilitation technology products and services

21 and the dissemination of the methodologies to con22 sumers and other interested parties;

23 ‘‘(ii) identification of models for service provider

24 training and evaluation and certification of the effec25 tiveness of the models;
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•S 1579 IS

1 ‘‘(iii) identification and dissemination of out2 come measurement models for the assessment of re3 habilitation technology products and services; and

4 ‘‘(iv) development and testing of research-based

5 tools to enhance consumer decisionmaking about re6 habilitation technology products and services.

7 ‘‘(C) The Director shall develop the quality assurance

8 research program after consultation with representatives

9 of all types of organizations interested in rehabilitation

10 technology quality assurance.

11 ‘‘(18) Research grants may be used to provide for re12 search and demonstration projects and related activities

13 that explore the use and effectiveness of specific alter14 native or complementary medical practices for individuals

15 with disabilities. Such projects and activities may include

16 projects and activities designed to—

17 ‘‘(A) determine the use of specific alternative or

18 complementary medical practices among individuals

19 with disabilities and the perceived effectiveness of

20 the practices;

21 ‘‘(B) determine the specific information sources,

22 decisionmaking methods, and methods of payment

23 used by individuals with disabilities who access alter24 native or complementary medical services;
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•S 1579 IS

1 ‘‘(C) develop criteria to screen and assess the

2 validity of research studies of such practices for indi3 viduals with disabilities; and

4 ‘‘(D) determine the effectiveness of specific al5 ternative or complementary medical practices that

6 show promise for promoting increased functioning,

7 prevention of secondary disabilities, or other positive

8 outcomes for individuals with certain types of dis9 abilities, by conducting controlled research studies.

10 ‘‘(c)(1) In carrying out evaluations of covered activi11 ties under this section, the Director is authorized to make

12 arrangements for site visits to obtain information on the

13 accomplishments of the projects.

14 ‘‘(2) The Director shall not make a grant under this

15 section which exceeds $499,999 unless the peer review of

16 the grant application has included a site visit.

17 ‘‘REHABILITATION RESEARCH ADVISORY COUNCIL

18 ‘‘SEC. 205. (a) ESTABLISHMENT.—Subject to the

19 availability of appropriations, the Secretary shall establish

20 in the Department of Education a Rehabilitation Research

21 Advisory Council (referred to in this section as the ‘Coun22 cil’) composed of 12 members appointed by the Secretary.

23 ‘‘(b) DUTIES.—The Council shall advise the Director

24 with respect to research priorities and the development

25 and revision of the 5-year plan required by section 202(h).
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•S 1579 IS

1 ‘‘(c) QUALIFICATIONS.—Members of the Council

2 shall be generally representative of the community of reha3 bilitation professionals, the community of rehabilitation

4 researchers, the community of individuals with disabilities,

5 and the individuals’ representatives. At least one-half of

6 the members shall be individuals with disabilities or the

7 individuals’ representatives.

8 ‘‘(d) TERMS OF APPOINTMENT.—

9 ‘‘(1) LENGTH OF TERM.—Each member of the

10 Council shall serve for a term of up to 3 years, de11 termined by the Secretary, except that—

12 ‘‘(A) a member appointed to fill a vacancy

13 occurring prior to the expiration of the term for

14 which a predecessor was appointed, shall be ap15 pointed for the remainder of such term; and

16 ‘‘(B) the terms of service of the members

17 initially appointed shall be (as specified by the

18 Secretary) for such fewer number of years as

19 will provide for the expiration of terms on a

20 staggered basis.

21 ‘‘(2) NUMBER OF TERMS.—No member of the

22 Council may serve more than two consecutive full

23 terms. Members may serve after the expiration of

24 their terms until their successors have taken office.
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•S 1579 IS

1 ‘‘(e) VACANCIES.—Any vacancy occurring in the

2 membership of the Council shall be filled in the same man3 ner as the original appointment for the position being va4 cated. The vacancy shall not affect the power of the re5 maining members to execute the duties of the Council.

6 ‘‘(f) PAYMENT AND EXPENSES.—

7 ‘‘(1) PAYMENT.—Each member of the Council

8 who is not an officer or full-time employee of the

9 Federal Government shall receive a payment of $150

10 for each day (including travel time) during which the

11 member is engaged in the performance of duties for

12 the Council. All members of the Council who are of13 ficers or full-time employees of the United States

14 shall serve without compensation in addition to com15 pensation received for their services as officers or

16 employees of the United States.

17 ‘‘(2) TRAVEL EXPENSES.—Each member of the

18 Council may receive travel expenses, including per

19 diem in lieu of subsistence, as authorized by section

20 5703 of title 5, United States Code, for employees

21 serving intermittently in the Government service, for

22 each day the member is engaged in the performance

23 of duties away from the home or regular place of

24 business of the member.
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•S 1579 IS

1 ‘‘(g) DETAIL OF FEDERAL EMPLOYEES.—On the re2 quest of the Council, the Secretary may detail, with or

3 without reimbursement, any of the personnel of the De4 partment of Education to the Council to assist the Council

5 in carrying out its duties. Any detail shall not interrupt

6 or otherwise affect the civil service status or privileges of

7 the Federal employee.

8 ‘‘(h) TECHNICAL ASSISTANCE.—On the request of

9 the Council, the Secretary shall provide such technical as10 sistance to the Council as the Council determines to be

11 necessary to carry out its duties.

12 ‘‘(i) TERMINATION.—Section 14 of the Federal Advi13 sory Committee Act (5 U.S.C. App.) shall not apply with

14 respect to the Council.’’.

15 SEC. 6. PROFESSIONAL DEVELOPMENT AND SPECIAL

16 PROJECTS AND DEMONSTRATIONS.

17 Title III of the Rehabilitation Act of 1973 (29 U.S.C.

18 770 et seq.) is amended to read as follows:
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•S 1579 IS

1 ‘‘TITLE III—PROFESSIONAL DE2 VELOPMENT AND SPECIAL

3 PROJECTS AND DEMONSTRA4 TIONS

5 ‘‘SEC. 301. DECLARATION OF PURPOSE AND COMPETITIVE

6 BASIS OF GRANTS AND CONTRACTS.

7 ‘‘(a) PURPOSE.—It is the purpose of this title to au8 thorize grants and contracts to—

9 ‘‘(1)(A) provide academic training to ensure

10 that skilled personnel are available to provide reha11 bilitation services to individuals with disabilities

12 through vocational, medical, social, and psychological

13 rehabilitation programs (including supported em14 ployment programs), through independent living

15 services programs, and through client assistance pro16 grams; and

17 ‘‘(B) provide training to maintain and upgrade

18 basic skills and knowledge of personnel employed to

19 provide state-of-the-art service delivery and rehabili20 tation technology services;

21 ‘‘(2) conduct special projects and demonstra22 tions that expand and improve the provision of reha23 bilitation and other services authorized under this

24 Act, or that otherwise further the purposes of this

25 Act, including related research and evaluation;
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•S 1579 IS

1 ‘‘(3) provide vocational rehabilitation services to

2 individuals with disabilities who are migrant or sea3 sonal farmworkers;

4 ‘‘(4) initiate recreational programs to provide

5 recreational activities and related experiences for in6 dividuals with disabilities to aid such individuals in

7 employment, mobility, socialization, independence,

8 and community integration; and

9 ‘‘(5) provide training and information to indi10 viduals with disabilities and the individuals’ rep11 resentatives, and other appropriate parties to de12 velop the skills necessary for individuals with disabil13 ities to gain access to the rehabilitation system and

14 workforce investment system and to become active

15 decisionmakers in the rehabilitation process.

16 ‘‘(b) COMPETITIVE BASIS OF GRANTS AND CON17 TRACTS.—The Secretary shall ensure that all grants and

18 contracts are awarded under this title on a competitive

19 basis.

20 ‘‘SEC. 302. TRAINING.

21 ‘‘(a) GRANTS AND CONTRACTS FOR PERSONNEL

22 TRAINING.—

23 ‘‘(1) AUTHORITY.—The Commissioner shall

24 make grants to, and enter into contracts with,

25 States and public or nonprofit agencies and organi-
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•S 1579 IS

1 zations (including institutions of higher education)

2 to pay part of the cost of projects to provide train3 ing, traineeships, and related activities, including the

4 provision of technical assistance, that are designed

5 to assist in increasing the numbers of, and upgrad6 ing the skills of, qualified personnel (especially reha7 bilitation counselors) who are trained in providing

8 vocational, medical, social, and psychological reha9 bilitation services, who are trained to assist individ10 uals with communication and related disorders, who

11 are trained to provide other services provided under

12 this Act, to individuals with disabilities, and who

13 may include—

14 ‘‘(A) personnel specifically trained in pro15 viding employment assistance to individuals

16 with disabilities through job development and

17 job placement services;

18 ‘‘(B) personnel specifically trained to iden19 tify, assess, and meet the individual rehabilita20 tion needs of individuals with disabilities, in21 cluding needs for rehabilitation technology;

22 ‘‘(C) personnel specifically trained to de23 liver services to individuals who may benefit

24 from receiving independent living services;
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•S 1579 IS

1 ‘‘(D) personnel specifically trained to de2 liver services in the client assistance programs;

3 ‘‘(E) personnel specifically trained to de4 liver services, through supported employment

5 programs, to individuals with a most significant

6 disability;

7 ‘‘(F) personnel providing vocational reha8 bilitation services specifically trained in the use

9 of braille, the importance of braille literacy, and

10 in methods of teaching braille; and

11 ‘‘(G) personnel trained in performing other

12 functions necessary to the provision of voca13 tional, medical, social, and psychological reha14 bilitation services, and other services provided

15 under this Act.

16 ‘‘(2) AUTHORITY TO PROVIDE SCHOLAR17 SHIPS.—Grants and contracts under paragraph (1)

18 may be expended for scholarships and may include

19 necessary stipends and allowances.

20 ‘‘(3) RELATED FEDERAL STATUTES.—In carry21 ing out this subsection, the Commissioner may make

22 grants to and enter into contracts with States and

23 public or nonprofit agencies and organizations, in24 cluding institutions of higher education, to furnish
249

•S 1579 IS

1 training regarding related Federal statutes (other

2 than this Act).

3 ‘‘(4) TRAINING FOR STATEWIDE WORKFORCE

4 SYSTEMS PERSONNEL.—The Commissioner may

5 make grants to and enter into contracts under this

6 subsection with States and public or nonprofit agen7 cies and organizations, including institutions of high8 er education, to furnish training to personnel provid9 ing services to individuals with disabilities under the

10 Workforce Investment Partnership Act of 1998.

11 Under this paragraph, personnel may be trained—

12 ‘‘(A) in evaluative skills to determine

13 whether an individual with a disability may be

14 served by the State vocational rehabilitation

15 program or another component of the statewide

16 workforce investment system; or

17 ‘‘(B) to assist individuals with disabilities

18 seeking assistance through one-stop customer

19 service centers established under section 315 of

20 the Workforce Investment Partnership Act of

21 1998.

22 ‘‘(5) JOINT FUNDING.—Training and other ac23 tivities provided under paragraph (4) for personnel

24 may be jointly funded with the Department of
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1 Labor, using funds made available under title III of

2 the Workforce Investment Partnership Act of 1998.

3 ‘‘(b) GRANTS AND CONTRACTS FOR ACADEMIC DE4 GREES AND ACADEMIC CERTIFICATE GRANTING TRAIN5 ING PROJECTS.—

6 ‘‘(1) AUTHORITY.—

7 ‘‘(A) IN GENERAL.—The Commissioner

8 may make grants to, and enter into contracts

9 with, States and public or nonprofit agencies

10 and organizations (including institutions of

11 higher education) to pay part of the costs of

12 academic training projects to provide training

13 that leads to an academic degree or academic

14 certificate. In making such grants or entering

15 into such contracts, the Commissioner shall tar16 get funds to areas determined under subsection

17 (e) to have shortages of qualified personnel.

18 ‘‘(B) TYPES OF PROJECTS.—Academic

19 training projects described in this subsection

20 may include—

21 ‘‘(i) projects to train personnel in the

22 areas of vocational rehabilitation counsel23 ing, rehabilitation technology, rehabilita24 tion medicine, rehabilitation nursing, reha25 bilitation social work, rehabilitation psychi-
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•S 1579 IS

1 atry, rehabilitation psychology, rehabilita2 tion dentistry, physical therapy, occupa3 tional therapy, speech pathology and audi4 ology, physical education, therapeutic

5 recreation, community rehabilitation pro6 grams, or prosthetics and orthotics;

7 ‘‘(ii) projects to train personnel to

8 provide—

9 ‘‘(I) services to individuals with

10 specific disabilities or individuals with

11 disabilities who have specific impedi12 ments to rehabilitation, including indi13 viduals who are members of popu14 lations that are unserved or under15 served by programs under this Act;

16 ‘‘(II) job development and job

17 placement services to individuals with

18 disabilities;

19 ‘‘(III) supported employment

20 services, including services of employ21 ment specialists for individuals with

22 disabilities;

23 ‘‘(IV) specialized services for in24 dividuals with significant disabilities;

25 or
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•S 1579 IS

1 ‘‘(V) recreation for individuals

2 with disabilities;

3 ‘‘(iii) projects to train personnel in

4 other fields contributing to the rehabilita5 tion of individuals with disabilities; and

6 ‘‘(iv) projects to train personnel in the

7 use, applications, and benefits of rehabili8 tation technology.

9 ‘‘(2) APPLICATION.—No grant shall be awarded

10 or contract entered into under this subsection unless

11 the applicant has submitted to the Commissioner an

12 application at such time, in such form, in accordance

13 with such procedures, and including such informa14 tion as the Secretary may require, including—

15 ‘‘(A) a description of how the designated

16 State unit or units will participate in the

17 project to be funded under the grant or con18 tract, including, as appropriate, participation on

19 advisory committees, as practicum sites, in cur20 riculum development, and in other ways so as

21 to build closer relationships between the appli22 cant and the designated State unit and to en23 courage students to pursue careers in public vo24 cational rehabilitation programs;
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•S 1579 IS

1 ‘‘(B) the identification of potential employ2 ers that would meet the requirements of para3 graph (4)(A)(i); and

4 ‘‘(C) an assurance that data on the em5 ployment of graduates or trainees who partici6 pate in the project is accurate.

7 ‘‘(3) LIMITATION.—

8 ‘‘(A) IN GENERAL.—Except as provided in

9 subparagraph (B), no grant or contract under

10 this subsection may be used to provide any one

11 course of study to an individual for a period of

12 more than 4 years.

13 ‘‘(B) EXCEPTION.—If a grant or contract

14 recipient under this subsection determines that

15 an individual has a disability which seriously af16 fects the completion of training under this sub17 section, the grant or contract recipient may ex18 tend the period referred to in subparagraph

19 (A).

20 ‘‘(4) REQUIRED AGREEMENTS.—

21 ‘‘(A) IN GENERAL.—A recipient of a grant

22 or contract under this subsection shall provide

23 assurances to the Commissioner that each indi24 vidual who receives a scholarship, for the first

25 academic year after the date of enactment of
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•S 1579 IS

1 the Rehabilitation Act Amendments of 1998,

2 utilizing funds provided under such grant or

3 contract shall enter into an agreement with the

4 recipient under which the individual shall—

5 ‘‘(i) maintain employment—

6 ‘‘(I) with an employer that is a

7 State rehabilitation or other agency or

8 organization (including a professional

9 corporation or practice group) that

10 provides services to individuals with

11 disabilities under this Act, or with an

12 institution of higher education or

13 other organization that conducts reha14 bilitation education, training, or re15 search under this Act;

16 ‘‘(II) on a full- or part-time

17 basis; and

18 ‘‘(III) for a period of not less

19 than the full-time equivalent of 2

20 years for each year for which assist21 ance under this subsection was re22 ceived by the individual, within a pe23 riod, beginning after the recipient

24 completes the training for which the

25 scholarship was awarded, of not more
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•S 1579 IS

1 than the sum of the number of years

2 in the period described in this sub3 clause and 2 additional years;

4 ‘‘(ii) directly provide or administer

5 services, conduct research, or furnish

6 training, funded under this Act; and

7 ‘‘(iii) repay all or part of the amount

8 of any scholarship received under the grant

9 or contract, plus interest, if the individual

10 does not fulfill the requirements of clauses

11 (i) and (ii), except that the Commissioner

12 may by regulation provide for repayment

13 exceptions and deferrals.

14 ‘‘(B) ENFORCEMENT.—The Commissioner

15 shall be responsible for the enforcement of each

16 agreement entered into under subparagraph (A)

17 upon the completion of the training involved

18 with respect to such agreement.

19 ‘‘(c) GRANTS TO HISTORICALLY BLACK COLLEGES

20 AND UNIVERSITIES.—The Commissioner, in carrying out

21 this section, shall make grants to Historically Black Col22 leges and Universities and other institutions of higher edu23 cation whose minority student enrollment is at least 50

24 percent of the total enrollment of the institution.
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•S 1579 IS

1 ‘‘(d) APPLICATION.—A grant may not be awarded to

2 a State or other organization under this section unless the

3 State or organization has submitted an application to the

4 Commissioner at such time, in such form, in accordance

5 with such procedures, and containing such information as

6 the Commissioner may require, including a detailed de7 scription of strategies that will be utilized to recruit and

8 train individuals so as to reflect the diverse populations

9 of the United States as part of the effort to increase the

10 number of individuals with disabilities, and individuals

11 who are from linguistically and culturally diverse back12 grounds, who are available to provide rehabilitation serv13 ices.

14 ‘‘(e) EVALUATION AND COLLECTION OF DATA.—The

15 Commissioner shall evaluate the impact of the training

16 programs conducted under this section, and collect infor17 mation on the training needs of, and data on shortages

18 of qualified personnel necessary to provide services to indi19 viduals with disabilities.

20 ‘‘(f) GRANTS FOR THE TRAINING OF INTER21 PRETERS.—

22 ‘‘(1) AUTHORITY.—

23 ‘‘(A) IN GENERAL.—For the purpose of

24 training a sufficient number of qualified inter25 preters to meet the communications needs of in-
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•S 1579 IS

1 dividuals who are deaf or hard of hearing, and

2 individuals who are deaf-blind, the Commis3 sioner, acting through a Federal office respon4 sible for deafness and communicative disorders,

5 may award grants to public or private nonprofit

6 agencies or organizations to pay part of the

7 costs—

8 ‘‘(i) for the establishment of inter9 preter training programs; or

10 ‘‘(ii) to enable such agencies or orga11 nizations to provide financial assistance for

12 ongoing interpreter training programs.

13 ‘‘(B) GEOGRAPHIC AREAS.—The Commis14 sioner shall award grants under this subsection

15 for programs in geographic areas throughout

16 the United States that the Commissioner con17 siders appropriate to best carry out the objec18 tives of this section.

19 ‘‘(C) PRIORITY.—In awarding grants

20 under this subsection, the Commissioner shall

21 give priority to public or private nonprofit agen22 cies or organizations with existing programs

23 that have a demonstrated capacity for providing

24 interpreter training services.
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•S 1579 IS

1 ‘‘(D) FUNDING.—The Commissioner may

2 award grants under this subsection through the

3 use of—

4 ‘‘(i) amounts appropriated to carry

5 out this section; or

6 ‘‘(ii) pursuant to an agreement with

7 the Director of the Office of the Special

8 Education Program (established under sec9 tion 603 of the Individuals with Disabil10 ities Education Act (as amended by section

11 101 of the Individuals with Disabilities

12 Education Act Amendments of 1997 (Pub13 lic Law 105-17))), amounts appropriated

14 under section 686 of the Individuals with

15 Disabilities Education Act.

16 ‘‘(2) APPLICATION.—A grant may not be

17 awarded to an agency or organization under para18 graph (1) unless the agency or organization has sub19 mitted an application to the Commissioner at such

20 time, in such form, in accordance with such proce21 dures, and containing such information as the Com22 missioner may require, including—

23 ‘‘(A) a description of the manner in which

24 an interpreter training program will be devel25 oped and operated during the 5-year period fol-
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•S 1579 IS

1 lowing the date on which a grant is received by

2 the applicant under this subsection;

3 ‘‘(B) a demonstration of the applicant’s ca4 pacity or potential for providing training for in5 terpreters for individuals who are deaf or hard

6 of hearing, and individuals who are deaf-blind;

7 ‘‘(C) assurances that any interpreter

8 trained or retrained under a program funded

9 under the grant will meet such minimum stand10 ards of competency as the Commissioner may

11 establish for purposes of this subsection; and

12 ‘‘(D) such other information as the Commis13 sioner may require.

14 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated to carry out this section

16 such sums as may be necessary for each of the fiscal years

17 1998 through 2004.

18 ‘‘(h) PROVISION OF INFORMATION.—The Commis19 sioner, subject to the provisions of section 306, may re20 quire that recipients of grants or contracts under this sec21 tion provide information, including data, with regard to

22 the impact of activities funded under this section.

23 ‘‘SEC. 303. SPECIAL DEMONSTRATION PROGRAM.

24 ‘‘(a) AUTHORITY.—The Commissioner, subject to the

25 provisions of section 306, may award grants or contracts
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•S 1579 IS

1 to eligible entities to pay all or part of the cost of pro2 grams that expand and improve the provision of rehabili3 tation and other services authorized under this Act or that

4 further the purposes of the Act, including related research

5 and evaluation activities.

6 ‘‘(b) ELIGIBLE ENTITIES AND TERMS AND CONDI7 TIONS.—

8 ‘‘(1) ELIGIBLE ENTITIES.—To be eligible to re9 ceive a grant or contract under subsection (a), an

10 entity shall be a State vocational rehabilitation agen11 cy, community rehabilitation program, Indian tribe

12 or tribal organization, or other public or nonprofit

13 agency or organization, or as the Commissioner de14 termines appropriate, a for-profit organization. The

15 Commissioner may limit competitions to 1 or more

16 types of organizations described in this paragraph.

17 ‘‘(2) TERMS AND CONDITIONS.—Awards under

18 this section shall contain such terms and conditions

19 as the Commissioner may require.

20 ‘‘(c) APPLICATION.—An eligible entity that desires to

21 receive an award under this section shall submit an appli22 cation to the Secretary at such time, in such form, and

23 containing such information and assurances as the Com24 missioner may require, including, if the Commissioner de-
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•S 1579 IS

1 termines appropriate, a description of how the proposed

2 project or demonstration program—

3 ‘‘(1) is based on current research findings,

4 which may include research conducted by the Na5 tional Institute on Disability and Rehabilitation Re6 search, the National Institutes of Health, and other

7 public or private organizations; and

8 ‘‘(2) is of national significance.

9 ‘‘(d) TYPES OF PROJECTS.—The programs that may

10 be funded under this section include—

11 ‘‘(1) special projects and demonstrations of

12 service delivery;

13 ‘‘(2) model demonstration projects;

14 ‘‘(3) technical assistance projects;

15 ‘‘(4) systems change projects;

16 ‘‘(5) special studies and evaluations; and

17 ‘‘(6) dissemination and utilization activities.

18 ‘‘(e) PRIORITY FOR COMPETITIONS.—

19 ‘‘(1) IN GENERAL.—In announcing competitions

20 for grants and contracts under this section, the

21 Commissioner shall give priority consideration to—

22 ‘‘(A) projects to provide training, informa23 tion, and technical assistance that will enable

24 individuals with disabilities and the individuals’

25 representatives, to participate more effectively
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•S 1579 IS

1 in meeting the vocational, independent living,

2 and rehabilitation needs of the individuals with

3 disabilities;

4 ‘‘(B) special projects and demonstration

5 programs of service delivery for adults who are

6 either low-functioning and deaf or low-function7 ing and hard of hearing;

8 ‘‘(C) innovative methods of promoting con9 sumer choice in the rehabilitation process;

10 ‘‘(D) supported employment, including

11 community-based supported employment pro12 grams to meet the needs of individuals with the

13 most significant disabilities or to provide tech14 nical assistance to States and community orga15 nizations to improve and expand the provision

16 of supported employment services; and

17 ‘‘(E) model transitional planning services

18 for youths with disabilities;

19 ‘‘(2) ELIGIBILITY AND COORDINATION.—

20 ‘‘(A) ELIGIBILITY.—Eligible applicants for

21 grants and contracts under this section for

22 projects described in paragraph (1)(A) in23 clude—

24 ‘‘(i) Parent Training and Information

25 Centers funded under section 682 of the
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•S 1579 IS

1 Individuals with Disabilities Education Act

2 (as amended by section 101 of the Individ3 uals with Disabilities Education Act

4 Amendments of 1997 (Public Law 105-

5 17));

6 ‘‘(ii) organizations that meet the defi7 nition of a parent organization in section

8 682 of such Act; and

9 ‘‘(iii) private nonprofit organizations

10 assisting parent training and information

11 centers.

12 ‘‘(B) COORDINATION.—Recipients of

13 grants and contracts under this section for

14 projects described in paragraph (1)(A) shall, to

15 the extent practicable, coordinate training and

16 information activities with Centers for Inde17 pendent Living.

18 ‘‘(3) ADDITIONAL COMPETITIONS.—In announc19 ing competitions for grants and contracts under this

20 section, the Commissioner may require that appli21 cants address 1 or more of the following:

22 ‘‘(A) Age ranges.

23 ‘‘(B) Types of disabilities.

24 ‘‘(C) Types of services.

25 ‘‘(D) Models of service delivery.
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•S 1579 IS

1 ‘‘(E) Stage of the rehabilitation process.

2 ‘‘(F) The needs of—

3 ‘‘(i) underserved populations;

4 ‘‘(ii) unserved and underserved areas;

5 ‘‘(iii) individuals with significant dis6 abilities;

7 ‘‘(iv) low-incidence disability popu8 lations; and

9 ‘‘(v) individuals residing in federally

10 designated empowerment zones and enter11 prise communities.

12 ‘‘(G) Expansion of employment opportuni13 ties for individuals with disabilities.

14 ‘‘(H) Systems change projects to promote

15 meaningful access of individual with disabilities

16 to employment related services under the Work17 force Investment Partnership Act of 1998 and

18 under other Federal laws.

19 ‘‘(I) Innovative methods of promoting the

20 achievement of high-quality employment out21 comes.

22 ‘‘(J) The demonstration of the effective23 ness of early intervention activities in improving

24 employment outcomes.
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•S 1579 IS

1 ‘‘(K) Alternative methods of providing af2 fordable transportation services to individuals

3 with disabilities who are employed, seeking em4 ployment, or receiving vocational rehabilitation

5 services from public or private organizations

6 and who reside in geographic areas in which

7 public transportation or paratransit service is

8 not available.

9 ‘‘(f) USE OF FUNDS FOR CONTINUATION AWARDS.—

10 The Commissioner may use funds made available to carry

11 out this section for continuation awards for projects that

12 were funded under sections 12 and 311 (as such sections

13 were in effect on the day prior to the date of the enact14 ment of the Rehabilitation Act Amendments of 1998).

15 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated to carry out this section

17 such sums as may be necessary for each of the fiscal years

18 1998 through 2004.

19 ‘‘SEC. 304. MIGRANT AND SEASONAL FARMWORKERS.

20 ‘‘(a) GRANTS.—

21 ‘‘(1) AUTHORITY.—The Commissioner, subject

22 to the provisions of section 306, may make grants

23 to eligible entities to pay up to 90 percent of the

24 cost of projects or demonstration programs for the

25 provision of vocational rehabilitation services to indi-
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•S 1579 IS

1 viduals with disabilities who are migrant or seasonal

2 farmworkers, as determined in accordance with rules

3 prescribed by the Secretary of Labor, and to the

4 family members who are residing with such individ5 uals (whether or not such family members are indi6 viduals with disabilities).

7 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re8 ceive a grant under paragraph (1), an entity shall

9 be—

10 ‘‘(A) a State designated agency;

11 ‘‘(B) a nonprofit agency working in col12 laboration with a State agency described in sub13 paragraph (A); or

14 ‘‘(C) a local agency working in collabora15 tion with a State agency described in subpara16 graph (A).

17 ‘‘(3) MAINTENANCE AND TRANSPORTATION.—

18 ‘‘(A) IN GENERAL.—Amounts provided

19 under a grant under this section may be used

20 to provide for the maintenance of and transpor21 tation for individuals and family members de22 scribed in paragraph (1) as necessary for the

23 rehabilitation of such individuals.

24 ‘‘(B) REQUIREMENT.—Maintenance pay25 ments under this paragraph shall be provided in
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•S 1579 IS

1 a manner consistent with any maintenance pay2 ments provided to other individuals with disabil3 ities in the State under this Act.

4 ‘‘(4) ASSURANCE OF COOPERATION.—To be eli5 gible to receive a grant under this section an entity

6 shall provide assurances (satisfactory to the Com7 missioner) that in the provision of services under the

8 grant there will be appropriate cooperation between

9 the grantee and other public or nonprofit agencies

10 and organizations having special skills and experi11 ence in the provision of services to migrant or sea12 sonal farmworkers or their families.

13 ‘‘(5) COORDINATION WITH OTHER PRO14 GRAMS.—The Commissioner shall administer this

15 section in coordination with other programs serving

16 migrant and seasonal farmworkers, including pro17 grams under title I of the Elementary and Second18 ary Education Act of 1965 (20 U.S.C. 6301 et seq.),

19 section 330 of the Public Health Service Act (42

20 U.S.C. 254b), the Migrant and Seasonal Agricul21 tural Worker Protection Act (29 U.S.C. 1801 et

22 seq.), and the Workforce Investment Partnership

23 Act of 1998.

24 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated such sums as may be
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•S 1579 IS

1 necessary to carry out this section, for each of the fiscal

2 years 1998 through 2004.

3 ‘‘SEC. 305. RECREATIONAL PROGRAMS.

4 ‘‘(a) GRANTS.—

5 ‘‘(1) AUTHORITY.—

6 ‘‘(A) IN GENERAL.—The Commissioner,

7 subject to the provisions of section 306, shall

8 make grants to States, public agencies, and

9 nonprofit private organizations to pay the Fed10 eral share of the cost of the establishment and

11 operation of recreation programs to provide in12 dividuals with disabilities with recreational ac13 tivities and related experiences to aid in the em14 ployment, mobility, socialization, independence,

15 and community integration of such individuals.

16 ‘‘(B) RECREATION PROGRAMS.—The recre17 ation programs that may be funded using as18 sistance provided under a grant under this sec19 tion may include vocational skills development,

20 leisure education, leisure networking, leisure re21 source development, physical education and

22 sports, scouting and camping, 4-H activities,

23 music, dancing, handicrafts, art, and home24 making. When possible and appropriate, such

25 programs and activities should be provided in
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•S 1579 IS

1 settings with peers who are not individuals with

2 disabilities.

3 ‘‘(C) DESIGN OF PROGRAM.—Programs

4 and activities carried out under this section

5 shall be designed to demonstrate ways in which

6 such programs assist in maximizing the inde7 pendence and integration of individuals with

8 disabilities.

9 ‘‘(2) MAXIMUM TERM OF GRANT.—A grant

10 under this section shall be made for a period of not

11 more than 3 years.

12 ‘‘(3) AVAILABILITY OF NON GRANT RE13 SOURCES.—

14 ‘‘(A) IN GENERAL.—A grant may not be

15 made to an applicant under this section unless

16 the applicant provides assurances that, with re17 spect to costs of the recreation program to be

18 carried out under the grant, the applicant, to

19 the maximum extent practicable, will make

20 available non-Federal resources (in cash or in21 kind) to pay the non-Federal share of such

22 costs.

23 ‘‘(B) FEDERAL SHARE.—The Federal

24 share of the costs of the recreation programs

25 carried out under this section shall be—
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•S 1579 IS

1 ‘‘(i) with respect to the first year in

2 which assistance is provided under a grant

3 under this section, 100 percent;

4 ‘‘(ii) with respect to the second year

5 in which assistance is provided under a

6 grant under this section, 75 percent; and

7 ‘‘(iii) with respect to the third year in

8 which assistance is provided under a grant

9 under this section, 50 percent.

10 ‘‘(4) APPLICATION.—To be eligible to receive a

11 grant under this section, a State, agency, or organi12 zation shall submit an application to the Commis13 sioner at such time, in such manner, and containing

14 such information as the Commissioner may require,

15 including a description of—

16 ‘‘(A) the manner in which the findings and

17 results of the project to be funded under the

18 grant, particularly information that facilitates

19 the replication of the results of such projects,

20 will be made generally available; and

21 ‘‘(B) the manner in which the service pro22 gram funded under the grant will be continued

23 after Federal assistance ends.

24 ‘‘(5) LEVEL OF SERVICES.—Recreation pro25 grams funded under this section shall maintain, at
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•S 1579 IS

1 a minimum, the same level of services over a 3-year

2 project period.

3 ‘‘(6) REPORTS BY GRANTEES.—

4 ‘‘(A) REQUIREMENT.—The Commissioner

5 shall require that each recipient of a grant

6 under this section annually prepare and submit

7 to the Commissioner a report concerning the re8 sults of the activities funded under the grant.

9 ‘‘(B) LIMITATION.—The Commissioner

10 may not make financial assistance available to

11 a grant recipient for a subsequent year until

12 the Commissioner has received and evaluated

13 the annual report of the recipient under sub14 paragraph (A) for the current year.

15 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated to carry out this section,

17 such sums as may be necessary for each of the fiscal years

18 1998 through 2004.

19 ‘‘SEC. 306. MEASURING OF PROJECT OUTCOMES AND PER20 FORMANCE.

21 ‘‘The Commissioner may require that recipients of

22 grants under this title submit information, including data,

23 as determined by the Commissioner to be necessary to

24 measure project outcomes and performance, including any
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•S 1579 IS

1 data needed to comply with the Government Performance

2 and Results Act.’’.

3 SEC. 7. NATIONAL COUNCIL ON DISABILITY.

4 Title IV of the Rehabilitation Act of 1973 (29 U.S.C.

5 780 et seq.) is amended to read as follows:

6 ‘‘TITLE IV—NATIONAL COUNCIL ON DISABILITY

7 ‘‘ESTABLISHMENT OF NATIONAL COUNCIL ON DISABILITY

8 ‘‘SEC. 400. (a)(1)(A) There is established within the

9 Federal Government a National Council on Disability

10 (hereinafter in this title referred to as the ‘National Coun11 cil’), which shall be composed of fifteen members ap12 pointed by the President, by and with the advice and con13 sent of the Senate.

14 ‘‘(B) The President shall select members of the Na15 tional Council after soliciting recommendations from rep16 resentatives of—

17 ‘‘(i) organizations representing a broad range of

18 individuals with disabilities; and

19 ‘‘(ii) organizations interested in individuals with

20 disabilities.

21 ‘‘(C) The members of the National Council shall be

22 individuals with disabilities, parents or guardians of indi23 viduals with disabilities, or other individuals who have sub24 stantial knowledge or experience relating to disability pol25 icy or programs. The members of the National Council
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•S 1579 IS

1 shall be appointed so as to be representative of individuals

2 with disabilities, national organizations concerned with in3 dividuals with disabilities, providers and administrators of

4 services to individuals with disabilities, individuals en5 gaged in conducting medical or scientific research relating

6 to individuals with disabilities, business concerns, and

7 labor organizations. A majority of the members of the Na8 tional Council shall be individuals with disabilities. The

9 members of the National Council shall be broadly rep10 resentative of minority and other individuals and groups.

11 ‘‘(2) The purpose of the National Council is to pro12 mote policies, programs, practices, and procedures that—

13 ‘‘(A) guarantee equal opportunity for all indi14 viduals with disabilities, regardless of the nature or

15 severity of the disability; and

16 ‘‘(B) empower individuals with disabilities to

17 achieve economic self-sufficiency, independent living,

18 and inclusion and integration into all aspects of soci19 ety.

20 ‘‘(b)(1) Each member of the National Council shall

21 serve for a term of 3 years, except that the terms of serv22 ice of the members initially appointed after the date of

23 enactment of the Rehabilitation, Comprehensive Services,

24 and Developmental Disabilities Amendments of 1978 shall

25 be (as specified by the President) for such fewer number
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•S 1579 IS

1 of years as will provide for the expiration of terms on a

2 staggered basis.

3 ‘‘(2)(A) No member of the National Council may

4 serve more than two consecutive full terms beginning on

5 the date of commencement of the first full term on the

6 Council. Members may serve after the expiration of their

7 terms until their successors have taken office.

8 ‘‘(B) As used in this paragraph, the term ‘full term’

9 means a term of 3 years.

10 ‘‘(3) Any member appointed to fill a vacancy occur11 ring before the expiration of the term for which such mem12 ber’s predecessor was appointed shall be appointed only

13 for the remainder of such term.

14 ‘‘(c) The President shall designate the Chairperson

15 from among the members appointed to the National Coun16 cil. The National Council shall meet at the call of the

17 Chairperson, but not less often than four times each year.

18 ‘‘(d) Eight members of the National Council shall

19 constitute a quorum and any vacancy in the National

20 Council shall not affect its power to function.

21 ‘‘DUTIES OF NATIONAL COUNCIL

22 ‘‘SEC. 401. (a) The National Council shall—

23 ‘‘(1) provide advice to the Director with respect

24 to the policies and conduct of the National Institute

25 on Disability and Rehabilitation Research, including

26 ways to improve research concerning individuals
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1 with disabilities and the methods of collecting and

2 disseminating findings of such research;

3 ‘‘(2) provide advice to the Commissioner with

4 respect to the policies of and conduct of the Reha5 bilitation Services Administration;

6 ‘‘(3) advise the President, the Congress, the

7 Commissioner, the appropriate Assistant Secretary

8 of the Department of Education, and the Director of

9 the National Institute on Disability and Rehabilita10 tion Research on the development of the programs

11 to be carried out under this Act;

12 ‘‘(4) provide advice regarding priorities for the

13 activities of the Interagency Disability Coordinating

14 Council and review the recommendations of such

15 Council for legislative and administrative changes to

16 ensure that such recommendations are consistent

17 with the purposes of the Council to promote the full

18 integration, independence, and productivity of indi19 viduals with disabilities;

20 ‘‘(5) review and evaluate on a continuing

21 basis—

22 ‘‘(A) policies, programs, practices, and pro23 cedures concerning individuals with disabilities

24 conducted or assisted by Federal departments

25 and agencies, including programs established or
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1 assisted under this Act or under the Develop2 mental Disabilities Assistance and Bill of

3 Rights Act; and

4 ‘‘(B) all statutes and regulations pertain5 ing to Federal programs which assist such indi6 viduals with disabilities;

7 in order to assess the effectiveness of such policies,

8 programs, practices, procedures, statutes, and regu9 lations in meeting the needs of individuals with dis10 abilities;

11 ‘‘(6) assess the extent to which such policies,

12 programs, practices, and procedures facilitate or im13 pede the promotion of the policies set forth in sub14 paragraphs (A) and (B) of section 400(a)(2);

15 ‘‘(7) gather information about the implementa16 tion, effectiveness, and impact of the Americans with

17 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);

18 ‘‘(8) make recommendations to the President,

19 the Congress, the Secretary, the Director of the Na20 tional Institute on Disability and Rehabilitation Re21 search, and other officials of Federal agencies or

22 other Federal entities, respecting ways to better pro23 mote the policies set forth in section 400(a)(2);

24 ‘‘(9) provide to the Congress on a continuing

25 basis advice, recommendations, legislative proposals,
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1 and any additional information which the National

2 Council or the Congress deems appropriate; and

3 ‘‘(10) review and evaluate on a continuing basis

4 new and emerging disability policy issues affecting

5 individuals with disabilities at the international,

6 Federal, State, and local levels, and in the private

7 sector, including the need for and coordination of

8 adult services, access to personal assistance services,

9 school reform efforts and the impact of such efforts

10 on individuals with disabilities, access to health care,

11 and policies that operate as disincentives for the in12 dividuals to seek and retain employment.

13 ‘‘(b)(1) Not later than July 26, 1998, and annually

14 thereafter, the National Council shall prepare and submit

15 to the President and the appropriate committees of the

16 Congress a report entitled ‘National Disability Policy: A

17 Progress Report’.

18 ‘‘(2) The report shall assess the status of the Nation

19 in achieving the policies set forth in section 400(a)(2),

20 with particular focus on the new and emerging issues im21 pacting on the lives of individuals with disabilities. The

22 report shall present, as appropriate, available data on

23 health, housing, employment, insurance, transportation,

24 recreation, training, prevention, early intervention, and
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1 education. The report shall include recommendations for

2 policy change.

3 ‘‘(3) In determining the issues to focus on and the

4 findings, conclusions, and recommendations to include in

5 the report, the National Council shall seek input from the

6 public, particularly individuals with disabilities, represent7 atives of organizations representing a broad range of indi8 viduals with disabilities, and organizations and agencies

9 interested in individuals with disabilities.

10 ‘‘COMPENSATION OF NATIONAL COUNCIL MEMBERS

11 ‘‘SEC. 402. (a) Members of the National Council shall

12 be entitled to receive compensation at a rate equal to the

13 rate of pay for level 4 of the Senior Executive Service

14 Schedule under section 5382 of title 5, United States

15 Code, including travel time, for each day they are engaged

16 in the performance of their duties as members of the Na17 tional Council.

18 ‘‘(b) Members of the National Council who are full19 time officers or employees of the United States shall re20 ceive no additional pay on account of their service on the

21 National Council except for compensation for travel ex22 penses as provided under subsection (c) of this section.

23 ‘‘(c) While away from their homes or regular places

24 of business in the performance of services for the National

25 Council, members of the National Council shall be allowed

26 travel expenses, including per diem in lieu of subsistence,
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1 in the same manner as persons employed intermittently

2 in the Government service are allowed expenses under sec3 tion 5703 of title 5, United States Code.

4 ‘‘STAFF OF NATIONAL COUNCIL

5 ‘‘SEC. 403. (a)(1) The Chairperson of the National

6 Council may appoint and remove, without regard to the

7 provisions of title 5, United States Code, governing ap8 pointments, the provisions of chapter 75 of such title (re9 lating to adverse actions), the provisions of chapter 77 of

10 such title (relating to appeals), or the provisions of chapter

11 51 and subchapter III of chapter 53 of such title (relating

12 to classification and General Schedule pay rates), an Exec13 utive Director to assist the National Council to carry out

14 its duties. The Executive Director shall be appointed from

15 among individuals who are experienced in the planning or

16 operation of programs for individuals with disabilities.

17 ‘‘(2) The Executive Director is authorized to hire

18 technical and professional employees to assist the National

19 Council to carry out its duties.

20 ‘‘(b)(1) The National Council may procure temporary

21 and intermittent services to the same extent as is author22 ized by section 3109(b) of title 5, United States Code (but

23 at rates for individuals not to exceed the daily equivalent

24 of the rate of pay for level 4 of the Senior Executive Serv25 ice Schedule under section 5382 of title 5, United States

26 Code).
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1 ‘‘(2) The National Council may—

2 ‘‘(A) accept voluntary and uncompensated serv3 ices, notwithstanding the provisions of section 1342

4 of title 31, United States Code;

5 ‘‘(B) in the name of the Council, solicit, accept,

6 employ, and dispose of, in furtherance of this Act,

7 any money or property, real or personal, or mixed,

8 tangible or nontangible, received by gift, devise, be9 quest, or otherwise; and

10 ‘‘(C) enter into contracts and cooperative agree11 ments with Federal and State agencies, private

12 firms, institutions, and individuals for the conduct of

13 research and surveys, preparation of reports and

14 other activities necessary to the discharge of the

15 Council’s duties and responsibilities.

16 ‘‘(3) Not more than 10 per centum of the total

17 amounts available to the National Council in each fiscal

18 year may be used for official representation and reception.

19 ‘‘(c) The Administrator of General Services shall pro20 vide to the National Council on a reimbursable basis such

21 administrative support services as the Council may re22 quest.

23 ‘‘(d)(1) It shall be the duty of the Secretary of the

24 Treasury to invest such portion of the amounts made

25 available under subsection (a)(2)(B) as is not, in the Sec-
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1 retary’s judgment, required to meet current withdrawals.

2 Such investments may be made only in interest-bearing

3 obligations of the United States or in obligations guaran4 teed as to both principal and interest by the United States.

5 ‘‘(2) The amounts described in paragraph (1), and

6 the interest on, and the proceeds from the sale or redemp7 tion of, the obligations described in paragraph (1) shall

8 be available to the National Council to carry out this title.

9 ‘‘ADMINISTRATIVE POWERS OF NATIONAL COUNCIL

10 ‘‘SEC. 404. (a) The National Council may prescribe

11 such bylaws and rules as may be necessary to carry out

12 its duties under this title.

13 ‘‘(b) The National Council may hold such hearings,

14 sit and act at such times and places, take such testimony,

15 and receive such evidence as it deems advisable.

16 ‘‘(c) The National Council may appoint advisory com17 mittees to assist the National Council in carrying out its

18 duties. The members thereof shall serve without com19 pensation.

20 ‘‘(d) The National Council may use the United States

21 mails in the same manner and upon the same conditions

22 as other departments and agencies of the United States.

23 ‘‘(e) The National Council may use, with the consent

24 of the agencies represented on the Interagency Disability

25 Coordinating Council, and as authorized in title V, such

26 services, personnel, information, and facilities as may be
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1 needed to carry out its duties under this title, with or with2 out reimbursement to such agencies.

3 ‘‘AUTHORIZATION OF APPROPRIATIONS

4 ‘‘SEC. 405. There are authorized to be appropriated

5 to carry out this title such sums as may be necessary for

6 each of the fiscal years 1998 through 2004.’’.

7 SEC. 8. RIGHTS AND ADVOCACY.

8 (a) CONFORMING AMENDMENTS TO RIGHTS AND AD9 VOCACY PROVISIONS.—

10 (1) EMPLOYMENT.—Section 501 (29 U.S.C.

11 791) is amended—

12 (A) in the third sentence of subsection (a),

13 by striking ‘‘President’s Committees on Em14 ployment of the Handicapped’’ and inserting

15 ‘‘President’s Committees on Employment of

16 People With Disabilities’’; and

17 (B) in subsection (e), by striking ‘‘individ18 ualized written rehabilitation program’’ and in19 serting ‘‘individualized rehabilitation employ20 ment plan’’.

21 (2) ACCESS BOARD.—Section 502 (29 U.S.C.

22 792) is amended—

23 (A) in subsection (b)—

24 (i) in paragraph (9), by striking ‘‘;

25 and’’ and inserting a semicolon;
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1 (ii) in paragraph (10), by striking the

2 period and inserting ‘‘; and’’; and

3 (iii) by adding at the end the follow4 ing:

5 ‘‘(11) carry out the responsibilities specified for

6 the Access Board in section 508’’;

7 (B) in subsection (d)(2)(A), by inserting

8 before the semicolon the following: ‘‘and section

9 508(d)(2)(C)’’;

10 (C) in subsection (g)(2), by striking ‘‘Com11 mittee on Education and Labor’’ and inserting

12 ‘‘Committee on Education and the Workforce’’;

13 and

14 (D) in subsection (i), by striking ‘‘fiscal

15 years 1993 through 1997’’ and inserting ‘‘fiscal

16 years 1998 through 2004’’.

17 (3)FEDERAL GRANTS AND CONTRACTS.—Sec18 tion 504(a) (29 U.S.C. ) is amended in the first sen19 tence by striking ‘‘section 7(8)’’ and inserting ‘‘sec20 tion 7(20)’’.

21 (4) SECRETARIAL RESPONSIBILITIES.—Section

22 506(a) (29 U.S.C. 794b(a)) is amended—

23 (A) by striking the second sentence and in24 serting the following: ‘‘Any concurrence of the

25 Access Board under paragraph (2) shall reflect
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1 its consideration of cost studies carried out by

2 States.’’; and

3 (B) in the second sentence of subsection

4 (c), by striking ‘‘provided under this para5 graph’’ and inserting ‘‘provided under this sub6 section’’.

7 (b) ELECTRONIC AND INFORMATION TECHNOLOGY

8 REGULATIONS.—Section 508 (29 U.S.C. 794d) is amend9 ed to read as follows:

10 ‘‘SEC. 508. ELECTRONIC AND INFORMATION TECHNOLOGY

11 REGULATIONS.

12 ‘‘(a) DEFINITION.—In this section, the term ‘elec13 tronic and information technology’ includes—

14 ‘‘(1) any equipment, software, interface system,

15 operating system, or interconnected system or sub16 system of equipment, whether or not accessed re17 motely, that is used in the acquisition, storage, ma18 nipulation, management, movement, control, display,

19 switching, interchange, transmission, or reception of

20 data or information; and

21 ‘‘(2) any related service (including a support

22 service) and any related resource.

23 ‘‘(b) PROMULGATION OF RULES AND REGULA24 TIONS.—
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1 ‘‘(1) PROCUREMENT, MAINTENANCE, AND USE

2 OF ELECTRONIC AND INFORMATION TECHNOLOGY.—

3 Consistent with paragraph (2), each Federal agency

4 shall procure, maintain, and use electronic and infor5 mation technology that allows, regardless of the type

6 of medium of the technology, individuals with dis7 abilities to produce information and data, and have

8 access to information and data, comparable to the

9 information and data, and access, respectively, of in10 dividuals who are not individuals with disabilities.

11 ‘‘(2) REGULATIONS.—

12 ‘‘(A) IN GENERAL.—Not later than 1 year

13 after the date of enactment of the Rehabilita14 tion Act Amendments of 1998, the Access

15 Board, after consultation with the Secretary of

16 Education, the Administrator of the General

17 Services Administration, and the head of any

18 other Federal agency that the Access Board

19 may determine to be appropriate, and after con20 sultation with the electronic and information

21 technology industry and appropriate public or

22 nonprofit agencies or organizations, shall issue

23 regulations, including criteria for procurement

24 of accessible electronic and information tech25 nology, to implement this section.
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1 ‘‘(B) CRITERIA.—The Access Board shall

2 consult with the Director of the National Insti3 tute on Disability and Rehabilitation Research

4 and the heads of other Federal agencies that

5 conduct applicable research, regarding relevant

6 research findings to assist the Access Board in

7 developing and updating the criteria for pro8 curement of accessible technology required

9 under subparagraph (A).

10 ‘‘(C) REVIEWS AND AMENDMENTS.—The

11 Access Board shall review and amend the regu12 lations periodically to reflect technological ad13 vances or changes in electronic and information

14 technology.

15 ‘‘(c) TECHNICAL ASSISTANCE.—The Access Board

16 shall provide technical assistance to individuals and Fed17 eral agencies concerning the rights and responsibilities

18 provided under this section. The Administrator of the

19 General Services Administration shall provide technical

20 assistance to Federal agencies concerning the rights and

21 responsibilities provided under this section, in coordination

22 with the activities of the Access Board.

23 ‘‘(d) COMPLIANCE.—

24 ‘‘(1) IN GENERAL.—Not later than 1 year after

25 the date of enactment of the Rehabilitation Act
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1 Amendments of 1998, the Access Board shall estab2 lish, by regulation issued under subsection (b), pro3 cedures for ensuring the compliance of Federal

4 agencies with this section (including the regulation).

5 ‘‘(2) PROCEDURES.—At a minimum the regula6 tion shall establish procedures by which—

7 ‘‘(A) the head of each Federal agency shall

8 assess the compliance of the agency with this

9 section and report periodically to the Access

10 Board and the Director of the Office of Man11 agement and Budget on such compliance;

12 ‘‘(B) any aggrieved person may file a com13 plaint with the Access Board regarding non14 compliance by a Federal agency with this sec15 tion; and

16 ‘‘(C) the Access Board may, after provid17 ing notice and an opportunity for a hearing,

18 issue an order requiring compliance with this

19 section, which shall be final and binding on the

20 affected Federal agency.

21 ‘‘(3) OFFICE OF MANAGEMENT AND BUDGET

22 OVERSIGHT.—

23 ‘‘(A) OVERSIGHT AND COORDINATION.—

24 The Director of the Office of Management and

25 Budget shall oversee and coordinate the pro-
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1 curement, financial management, information,

2 and regulatory policies of the executive branch

3 of the Federal Government relating to elec4 tronic and information technology.

5 ‘‘(B) ISSUANCE OF POLICIES.—In issuing

6 circulars, bulletins, directives, memoranda, and

7 other policies affecting the procurement, main8 tenance, and use of electronic and information

9 technology, by Federal agencies, as appropriate,

10 the Director of the Office of Management and

11 Budget shall require compliance with this sec12 tion, including the regulations and criteria de13 scribed in subsection (b).

14 ‘‘(e) RELATIONSHIP TO OTHER LAWS.—This section

15 shall not be construed to limit a remedy, right, or proce16 dure available under any other provision of Federal law

17 (including title V and the Americans with Disabilities Act

18 of 1990), or State or local law (including State common

19 law) that provides greater or equal protection for the

20 rights of individuals with disabilities.’’.

21 (c) PROTECTION AND ADVOCACY OF INDIVIDUAL

22 RIGHTS.—Section 509 (29 U.S.C. 794e) is amended to

23 read as follows:
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1 ‘‘SEC. 509. PROTECTION AND ADVOCACY OF INDIVIDUAL

2 RIGHTS.

3 ‘‘(a) PURPOSE.—The purpose of this section is to

4 support a system in each State to protect the legal and

5 human rights of individuals with disabilities who—

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

7 services authorized to be provided by the client as8 sistance program under section 112; and

9 ‘‘(2) are ineligible for protection and advocacy

10 programs under part C of the Developmental Dis11 abilities Assistance and Bill of Rights Act (42

12 U.S.C. 6041 et seq.) because the individuals do not

13 have a developmental disability, as defined in section

14 102 of such Act (42 U.S.C. 6002) and the Protec15 tion and Advocacy for Mentally Ill Individuals Act of

16 1986 (42 U.S.C. 10801 et seq.) because the individ17 uals are not individuals with mental illness, as de18 fined in section 102 of such Act (42 U.S.C. 10802).

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

20 any fiscal year in which the amount appropriated to carry

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

22 may make grants from such amount to eligible systems

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

24 and carry out protection and advocacy programs author25 ized under this section for individuals with disabilities who
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1 meet the requirements of paragraphs (1) and (2) of sub2 section (a).

3 ‘‘(c) APPROPRIATIONS OF $5,500,000 OR MORE.—

4 ‘‘(1) RESERVATIONS.—

5 ‘‘(A) TECHNICAL ASSISTANCE.—For any

6 fiscal year in which the amount appropriated to

7 carry out this section equals or exceeds

8 $5,500,000, the Commissioner shall set aside

9 not less than 1.8 percent and not more than 2.2

10 percent of the amount to provide training and

11 technical assistance to the systems established

12 under this section.

13 ‘‘(B) GRANT FOR THE ELIGIBLE SYSTEM

14 SERVING THE AMERICAN INDIAN CONSOR15 TIUM.—For any fiscal year in which the

16 amount appropriated to carry out this section

17 equals or exceeds $10,500,000, the Commis18 sioner shall reserve a portion, and use the por19 tion to make a grant for the eligible system

20 serving the American Indian consortium. The

21 Commission shall make the grant in an amount

22 of not less than $50,000 for the fiscal year.

23 ‘‘(2) ALLOTMENTS.—For any such fiscal year,

24 after the reservations required by paragraph (1)

25 have been made, the Commissioner shall make allot-
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1 ments from the remainder of such amount in accord2 ance with paragraph (3) to eligible systems within

3 States to enable such systems to carry out protec4 tion and advocacy programs authorized under this

5 section for such individuals.

6 ‘‘(3) SYSTEMS WITHIN STATES.—

7 ‘‘(A) POPULATION BASIS.—Except as pro8 vided in subparagraph (B), from such remain9 der for each such fiscal year, the Commissioner

10 shall make an allotment to the eligible system

11 within a State of an amount bearing the same

12 ratio to such remainder as the population of the

13 State bears to the population of all States.

14 ‘‘(B) MINIMUMS.—Subject to the availabil15 ity of appropriations to carry out this section,

16 and except as provided in paragraph (4), the al17 lotment to any system under subparagraph (A)

18 shall be not less than $100,000 or one-third of

19 one percent of the remainder for the fiscal year

20 for which the allotment is made, whichever is

21 greater, and the allotment to any system under

22 this section for any fiscal year that is less than

23 $100,000 or one-third of one percent of such

24 remainder shall be increased to the greater of

25 the two amounts.
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1 ‘‘(4) SYSTEMS WITHIN OTHER JURISDIC2 TIONS.—

3 ‘‘(A) IN GENERAL.—For the purposes of

4 paragraph (3)(B), Guam, American Samoa, the

5 United States Virgin Islands, and the Common6 wealth of the Northern Mariana Islands shall

7 not be considered to be States.

8 ‘‘(B) ALLOTMENT.—The eligible system

9 within a jurisdiction described in subparagraph

10 (A) shall be allotted under paragraph (3)(A)

11 not less than $50,000 for the fiscal year for

12 which the allotment is made.

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

14 fiscal year, beginning in fiscal year 1999, in which

15 the total amount appropriated to carry out this sec16 tion exceeds the total amount appropriated to carry

17 out this section for the preceding fiscal year, the

18 Commissioner shall increase each of the minimum

19 grants or allotments under paragraphs (1)(B),

20 (3)(B), and (4)(B) by a percentage that shall not ex21 ceed the percentage increase in the total amount ap22 propriated to carry out this section between the pre23 ceding fiscal year and the fiscal year involved.

24 ‘‘(d) PROPORTIONAL REDUCTION.—To provide mini25 mum allotments to systems within States (as increased
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1 under subsection (c)(5)) under subsection (c)(3)(B), or to

2 provide minimum allotments to systems within States (as

3 increased under subsection (c)(5)) under subsection

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

5 the allotments of the remaining systems within States

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

7 necessary to prevent the allotment of any such remaining

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

9 minimum allotment for a system within a State (as in10 creased under subsection (c)(5)) under subsection

11 (c)(3)(B), or the minimum allotment for a State (as in12 creased under subsection (c)(5)) under subsection

13 (c)(4)(B), as appropriate.

14 ‘‘(e) REALLOTMENT.—Whenever the Commissioner

15 determines that any amount of an allotment to a system

16 within a State for any fiscal year described in subsection

17 (c)(1) will not be expended by such system in carrying out

18 the provisions of this section, the Commissioner shall

19 make such amount available for carrying out the provi20 sions of this section to one or more of the systems that

21 the Commissioner determines will be able to use additional

22 amounts during such year for carrying out such provi23 sions. Any amount made available to a system for any fis24 cal year pursuant to the preceding sentence shall, for the

25 purposes of this section, be regarded as an increase in the
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1 allotment of the system (as determined under the preced2 ing provisions of this section) for such year.

3 ‘‘(f) APPLICATION.—In order to receive assistance

4 under this section, an eligible system shall submit an ap5 plication to the Commissioner, at such time, in such form

6 and manner, and containing such information and assur7 ances as the Commissioner determines necessary to meet

8 the requirements of this section, including assurances that

9 the eligible system will—

10 ‘‘(1) have in effect a system to protect and ad11 vocate the rights of individuals with disabilities;

12 ‘‘(2) have the same general authorities, includ13 ing access to records and program income, as are set

14 forth in part C of the Developmental Disabilities As15 sistance and Bill of Rights Act (42 U.S.C. 6041 et

16 seq.);

17 ‘‘(3) have the authority to pursue legal, admin18 istrative, and other appropriate remedies or ap19 proaches to ensure the protection of, and advocacy

20 for, the rights of such individuals within the State

21 or the American Indian consortium who are individ22 uals described in subsection (a);

23 ‘‘(4) provide information on and make referrals

24 to programs and services addressing the needs of in-
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1 dividuals with disabilities in the State or the Amer2 ican Indian consortium;

3 ‘‘(5) develop a statement of objectives and pri4 orities on an annual basis, and provide to the public,

5 including individuals with disabilities and, as appro6 priate, the individuals’ representatives, an oppor7 tunity to comment on the objectives and priorities

8 established by, and activities of, the system includ9 ing—

10 ‘‘(A) the objectives and priorities for the

11 activities of the system for each year and the

12 rationale for the establishment of such objec13 tives and priorities; and

14 ‘‘(B) the coordination of programs pro15 vided through the system under this section

16 with the advocacy programs of the client assist17 ance program under section 112, the State

18 long-term care ombudsman program established

19 under the Older Americans Act of 1965 (42

20 U.S.C. 3001 et seq.), the Developmental Dis21 abilities Assistance and Bill of Rights Act (42

22 U.S.C. 6000 et seq.), and the Protection and

23 Advocacy for Mentally Ill Individuals Act of

24 1986 (42 U.S.C. 10801 et seq.);
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1 ‘‘(6) establish a grievance procedure for clients

2 or prospective clients of the system to ensure that

3 individuals with disabilities are afforded equal oppor4 tunity to access the services of the system;

5 ‘‘(7) provide assurances to the Commissioner

6 that funds made available under this section will be

7 used to supplement and not supplant the non-Fed8 eral funds that would otherwise be made available

9 for the purpose for which Federal funds are pro10 vided; and

11 ‘‘(8) not use allotments or grants provided

12 under this section in a manner inconsistent with sec13 tion 5 of the Assisted Suicide Funding Restriction

14 Act of 1997.

15 ‘‘(g) CARRYOVER AND DIRECT PAYMENT.—

16 ‘‘(1) DIRECT PAYMENT.—Notwithstanding any

17 other provision of law, the Commissioner shall pay

18 directly to any system that complies with the provi19 sions of this section, the amount of the allotment of

20 the State or the grant for the eligible system that

21 serves the American Indian consortium involved

22 under this section, unless the State or American In23 dian consortium provides otherwise.

24 ‘‘(2) CARRYOVER.—Any amount paid to an eli25 gible system that serves a State or American Indian
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1 consortium for a fiscal year that remains unobli2 gated at the end of such year shall remain available

3 to such system that serves the State or American

4 Indian consortium for obligation during the next fis5 cal year for the purposes for which such amount was

6 paid.

7 ‘‘(h) LIMITATION ON DISCLOSURE REQUIRE8 MENTS.—For purposes of any audit, report, or evaluation

9 of the performance of the program established under this

10 section, the Commissioner shall not require such a pro11 gram to disclose the identity of, or any other personally

12 identifiable information related to, any individual request13 ing assistance under such program.

14 ‘‘(i) ADMINISTRATIVE COST.—In any State in which

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

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

17 for the cost of the administration of the system required

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

19 of the allotment.

20 ‘‘(j) DELEGATION.—The Commissioner may delegate

21 the administration of this program to the Commissioner

22 of the Administration on Developmental Disabilities with23 in the Department of Health and Human Services.

24 ‘‘(k) REPORT.—The Commissioner shall annually

25 prepare and submit to the Committee on Education and
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1 the Workforce of the House of Representatives and the

2 Committee on Labor and Human Resources of the Senate

3 a report describing the types of services and activities

4 being undertaken by programs funded under this section,

5 the total number of individuals served under this section,

6 the types of disabilities represented by such individuals,

7 and the types of issues being addressed on behalf of such

8 individuals.

9 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated to carry out this section

11 such sums as may be necessary for each of the fiscal years

12 1998 through 2004.

13 ‘‘(m) DEFINITIONS.—As used in this section:

14 ‘‘(1) ELIGIBLE SYSTEM.—The term ‘eligible

15 system’ means a protection and advocacy system

16 that is established under part C of the Develop17 mental Disabilities Assistance and Bill of Rights Act

18 (42 U.S.C. 6041 et seq.) and that meets the require19 ments of subsection (f).

20 ‘‘(2) AMERICAN INDIAN CONSORTIUM.—The

21 term ‘American Indian consortium’ means a consor22 tium established as described in section 142 of the

23 Developmental Disabilities Assistance and Bill of

24 Rights Act (42 U.S.C. 6042).’’.
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1 SEC. 9. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS

2 WITH DISABILITIES.

3 Title VI of the Rehabilitation Act of 1973 (29 U.S.C.

4 795 et seq.) is amended to read as follows:

5 ‘‘TITLE VI—EMPLOYMENT OP6 PORTUNITIES FOR INDIVID7 UALS WITH DISABILITIES

8 ‘‘SEC. 601. SHORT TITLE.

9 ‘‘This title may be cited as the ‘Employment Oppor10 tunities for Individuals With Disabilities Act’.

11 ‘‘PART A—PROJECTS IN TELECOMMUTING AND

12 SELF-EMPLOYMENT FOR INDIVIDUALS WITH

13 DISABILITIES

14 ‘‘SEC. 611. FINDINGS, POLICIES, AND PURPOSES.

15 ‘‘(a) FINDINGS.—Congress makes the following find16 ings:

17 ‘‘(1) It is in the best interest of the United

18 States to identify and promote increased employ19 ment opportunities for individuals with disabilities.

20 ‘‘(2) Telecommuting is one of the most rapidly

21 expanding forms of employment. In 1990 there were

22 4,000,000 telecommuters and that number has risen

23 to 11,100,000 in 1997.

24 ‘‘(3) It is in the best interest of the United

25 States to ensure that individuals with disabilities

26 have access to telecommuting employment opportu-
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1 nities. It has been estimated that 10 percent of indi2 viduals with disabilities, who are unemployed, could

3 benefit from telecommuting opportunities.

4 ‘‘(4) It is in the interest of employers to recog5 nize that individuals with disabilities are excellent

6 candidates for telecommuting employment opportu7 nities.

8 ‘‘(5) Individuals with disabilities, especially

9 those living in rural areas, often do not have access

10 to accessible transportation, and in such cases tele11 commuting presents an excellent opportunity for the

12 employment of such individuals.

13 ‘‘(6) It is in the best interests of economic de14 velopment agencies, venture capitalists, and financial

15 institutions for the Federal Government to dem16 onstrate that individuals with disabilities, who wish

17 to become or who are self-employed, can meet the

18 criteria for assistance, investment of capital, and

19 business that other entrepreneurs meet.

20 ‘‘(b) POLICIES.—It is the policy of the United States

21 to—

22 ‘‘(1) promote opportunities for individuals with

23 disabilities to—

24 ‘‘(A) secure, retain, regain, or advance in

25 employment involving telecommuting;
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1 ‘‘(B) gain access to employment opportuni2 ties; and

3 ‘‘(C) demonstrate their abilities, capabili4 ties, interests, and preferences regarding em5 ployment in positions that are increasingly

6 being offered to individuals in the workplace;

7 and

8 ‘‘(2) promote opportunities for individuals with

9 disabilities to engage in self-employment enterprises

10 that permit these individuals to achieve significant

11 levels of independence, participate in and contribute

12 to the life of their communities, and offer employ13 ment opportunities to others.

14 ‘‘(c) PURPOSES.—It is the purpose of this part to—

15 ‘‘(1) through the awarding of 1-time, time-lim16 ited grants, contracts, or cooperative agreements to

17 public and private entities—

18 ‘‘(A) provide funds, in accordance with sec19 tion 612, to enable individuals with disabilities

20 to identify and secure employment opportunities

21 involving telecommuting; and

22 ‘‘(B) encourage employers to become part23 ners in providing telecommuting placements for

24 individuals with disabilities through the involve25 ment of such employers in telecommuting
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1 projects that continue and expand opportunities

2 for the provision of telecommuting placements

3 to individuals with disabilities beyond those op4 portunities that are currently facilitated by the

5 telecommuting projects; and

6 ‘‘(2) through the awarding of 1-time, time-lim7 ited grants, contracts, cooperative agreements, or

8 other appropriate mechanisms of providing assist9 ance to public or private entities—

10 ‘‘(A) assist individuals with disabilities to

11 engage in self-employment enterprises in ac12 cordance with section 613; and

13 ‘‘(B) encourage entities to assist more indi14 viduals with disabilities to engage in self-em15 ployment enterprises.

16 ‘‘SEC. 612. PROJECTS IN TELECOMMUTING FOR INDIVID17 UALS WITH DISABILITIES.

18 ‘‘(a) IN GENERAL.—The Commissioner shall, on a

19 competitive basis, award 1-time, time-limited grants, con20 tracts, or cooperative agreements to eligible entities for the

21 establishment and operation of projects in telecommuting

22 for individuals with disabilities.

23 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive

24 a grant, contract, or cooperative agreement under sub25 section (a) an entity shall—
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1 ‘‘(1) be—

2 ‘‘(A) an entity carrying out a Project With

3 Industry described in part B;

4 ‘‘(B) a designated State agency;

5 ‘‘(C) a statewide workforce investment

6 partnership or local workforce investment part7 nership;

8 ‘‘(D) a public educational agency;

9 ‘‘(E) a training institution, which may in10 clude an institution of higher education;

11 ‘‘(F) a private organization, with priority

12 given to organizations of or for individuals with

13 disabilities;

14 ‘‘(G) a public or private employer;

15 ‘‘(H) any other entity that the Commis16 sioner determines to be appropriate; or

17 ‘‘(I) a combination or consortium of the

18 entities described in subparagraphs (A) through

19 (H);

20 ‘‘(2) have 3 or more years of experience in as21 sisting individuals with disabilities in securing, re22 taining, regaining, or advancing in employment;

23 ‘‘(3) demonstrate that such entity has the ca24 pacity to secure full- and part-time employment in-
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1 volving telecommuting for individuals with disabil2 ities; and

3 ‘‘(4) submit an application that meets the re4 quirements of subsection (c).

5 ‘‘(c) APPLICATION REQUIREMENTS.—To be eligible

6 to receive a grant, contract, or cooperative agreement

7 under subsection (a), an entity shall submit to the Com8 missioner at such time, in such manner, and containing

9 such information concerning the telecommuting project to

10 be funded under the grant, contract, or agreement as the

11 Commissioner may require, including—

12 ‘‘(1) a description of how and the extent to

13 which the applicant meets the requirement of sub14 section (b)(2);

15 ‘‘(2) with respect to any partners who will par16 ticipate in the implementation of activities under the

17 telecommuting project, a description of—

18 ‘‘(A) the identity of such partners; and

19 ‘‘(B) the roles and responsibilities of each

20 partner in preparing the application, and if

21 funded, the roles and responsibility of each

22 partner during the telecommuting project;

23 ‘‘(3) a description of the geographic region that

24 will be the focus of activity under the telecommuting

25 project;
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1 ‘‘(4) a projection for each year of a 3-year pe2 riod of the grant, contract, or agreement, of the

3 number of individuals with disabilities who will be

4 employed as the result of the assistance provided by

5 the telecommuting project;

6 ‘‘(5) with respect to any employers that have

7 indicated an interest in offering telecommuting em8 ployment opportunities to individuals with disabil9 ities, a description of—

10 ‘‘(A) the identity of such employers; and

11 ‘‘(B) the manner in which additional em12 ployers would be recruited under the tele13 commuting project;

14 ‘‘(6) a description of the manner in which indi15 viduals with disabilities will be identified and se16 lected to participate in the telecommuting project;

17 ‘‘(7) a description of the jobs that will be tar18 geted by the telecommuting project;

19 ‘‘(8) a description of the process by which indi20 viduals with disabilities will be matched with employ21 ers for telecommuting placements;

22 ‘‘(9) a description of the manner in which the

23 project will become self-sustaining in the third year

24 of the telecommuting project; and
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1 ‘‘(10) a description of the nature and amount

2 of funding, including in-kind support, other than

3 funds received under this part, that will be available

4 to be used by the telecommuting project.

5 ‘‘(d) USE OF FUNDS.—Amounts received under a

6 grant, contract, or cooperative agreement under sub7 section (a) shall be used for—

8 ‘‘(1) the recruitment of individuals with disabil9 ities for telecommuting placements;

10 ‘‘(2) the conduct of marketing activities with re11 spect to employers;

12 ‘‘(3) the purchase of training services for an in13 dividual with a disability who is going to assume a

14 telecommuting placement;

15 ‘‘(4) the purchase of equipment, materials, tele16 phone lines, auxiliary aids, and services related to

17 telecommuting placements;

18 ‘‘(5) the provision of orientation services and

19 training to the supervisors of employers participat20 ing in the project and to co-workers of individuals

21 with disabilities who are selected for telecommuting

22 placements;

23 ‘‘(6) the provision of technical assistance to em24 ployers, including technical assistance regarding rea25 sonable accommodations with regard to individuals
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1 with disabilities participating in telecommuting

2 placements; and

3 ‘‘(7) other uses determined appropriate by the

4 Commissioner.

5 ‘‘(e) PROJECT REQUIREMENTS.—Telecommuting

6 projects funded under this section shall—

7 ‘‘(1) establish criteria for safety with regard to

8 the telecommuting work space, which at a minimum

9 meet guidelines established by the Occupational

10 Safety and Health Administration for a work space

11 of comparable size and function;

12 ‘‘(2) on an annual basis, enter into agreements

13 with the Commissioner that contain goals concerning

14 the number of individuals with disabilities that the

15 project will place in telecommuting positions;

16 ‘‘(3) establish procedures for ensuring that pro17 spective employers and individuals with disabilities,

18 who are to assume telecommuting placements, have

19 a clear understanding of how the individual’s work

20 performance will be monitored and evaluated by the

21 employer;

22 ‘‘(4) identify and make available support serv23 ices for individuals with disabilities in telecommuting

24 placements;
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1 ‘‘(5) develop procedures that allow the tele2 commuting project, the employer, and the individual

3 with a disability to reach agreement on their respec4 tive responsibilities with regard to establishing and

5 maintaining the telecommuting placement;

6 ‘‘(6) for each year of a telecommuting project,

7 submit an annual report to the Commissioner con8 cerning—

9 ‘‘(A) the number of individuals with dis10 abilities placed in telecommuting positions and

11 whether the goal described in the agreement en12 tered into paragraph (2) was met;

13 ‘‘(B) the number of individuals with dis14 abilities employed as salaried employees and

15 their annual salaries;

16 ‘‘(C) the number of individuals with dis17 abilities employed as independent contractors

18 and their annual incomes;

19 ‘‘(D) the number of individuals with dis20 abilities that received benefits from their em21 ployers;

22 ‘‘(E) the number of individuals with dis23 abilities in telecommuting placements still work24 ing after—

25 ‘‘(i) 6 months; and
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1 ‘‘(ii) 12 months; and

2 ‘‘(F) any reports filed with the Occupa3 tional Safety and Health Administration.

4 ‘‘(f) LIMITATIONS.—

5 ‘‘(1) PERIOD OF AWARD.—A grant, contract, or

6 cooperative agreement under subsection (a) shall be

7 for a 3-year period.

8 ‘‘(2) AMOUNT.—The amount of a grant, con9 tract, or cooperative agreement under subsection (a)

10 shall not be less than $250,000 nor more than

11 $1,000,000.

12 ‘‘SEC. 613. PROJECTS IN SELF-EMPLOYMENT FOR INDIVID13 UALS WITH DISABILITIES.

14 ‘‘(a) IN GENERAL.—The Commissioner shall, on a

15 competitive basis, award 1-time, time-limited grants, con16 tracts, or cooperative agreements to eligible entities for the

17 establishment and operation of projects in self-employ18 ment for individuals with disabilities.

19 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive

20 a grant, contract, or cooperative agreement under sub21 section (a) an entity shall—

22 ‘‘(1) be—

23 ‘‘(A) a financial institution;

24 ‘‘(B) an economic development agency;

25 ‘‘(C) a venture capitalist;
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1 ‘‘(D) an entity carrying out a Project With

2 Industry described in part B;

3 ‘‘(E) a designated State agency, or other

4 public entity;

5 ‘‘(F) a private organization, including em6 ployers and organizations related to individuals

7 with disabilities;

8 ‘‘(G) any other entity that the Commis9 sioner determines to be appropriate; or

10 ‘‘(H) a combination or consortium of the

11 entities described in subparagraphs (A) through

12 (G);

13 ‘‘(2) demonstrate that such entity has the ca14 pacity to assist clients, including clients with disabil15 ities, to successfully engage in self-employment en16 terprises; and

17 ‘‘(3) submit an application that meets the re18 quirements of subsection (c).

19 ‘‘(c) APPLICATION REQUIREMENTS.—To be eligible

20 to receive a grant, contract, or cooperative agreement

21 under subsection (a), an entity shall submit to the Com22 missioner at such time, in such manner, and containing

23 such information concerning the self-employment project

24 to be funded under the grant, contract, or agreement as

25 the Commissioner may require, including—
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1 ‘‘(1) a description of how and the extent to

2 which the applicant has assisted individuals, includ3 ing individuals with disabilities, if appropriate, to

4 successfully engage in self-employment enterprises;

5 ‘‘(2) with respect to any partners who will par6 ticipate in the implementation of activities under the

7 self-employment project, a description of—

8 ‘‘(A) the identity of such partners; and

9 ‘‘(B) the roles and responsibilities of each

10 partner in preparing the application, and if

11 funded, the roles and responsibility of each

12 partner during the self-employment project;

13 ‘‘(3) a description of the geographic region that

14 will be the focus of activity in the self-employment

15 project;

16 ‘‘(4) a projection for each year of a 3-year pe17 riod of the grant, contract, or agreement, of the

18 number of clients who will be assisted to engage in

19 self-employment enterprises through the self-employ20 ment project;

21 ‘‘(5) a description of the manner in which po22 tential clients will be identified and selected to be as23 sisted by the self-employment project;

24 ‘‘(6) a description of the manner in which self25 employment enterprises (or market niches) will be
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1 identified for the geographic areas to be targeted in

2 the self-employment project;

3 ‘‘(7) a description of the process by which pro4 spective clients will be matched with self-employment

5 opportunities;

6 ‘‘(8) a description of the manner in which the

7 project will become self-sustaining in the third year

8 of the self-employment project; and

9 ‘‘(9) a description of the nature and amount of

10 funding, including in-kind support, other than funds

11 received under this part, that will be available to be

12 used during the self-employment project.

13 ‘‘(d) USE OF FUNDS.—Amounts received under a

14 grant, contract, or cooperative agreement under sub15 section (a) shall be used—

16 ‘‘(1) for the preparation of marketing analyses

17 to identify self-employment opportunities;

18 ‘‘(2) for the conduct of marketing activities

19 with respect to financial institutions or venture cap20 italists concerning the benefits of investing in indi21 viduals with disabilities who are engaged in self-em22 ployment enterprises;

23 ‘‘(3) for the conduct of marketing activities

24 with respect to potential clients who engage in or

25 might engage in self-employment enterprises;
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1 ‘‘(4) for the provision of training for clients to

2 be assisted through the project who seek to engage

3 or are engaging in self-employment enterprises;

4 ‘‘(5) to cover the costs of business expenses spe5 cifically related to an individual’s disability;

6 ‘‘(6) to provide assistance for clients in develop7 ing business plans for capital investment;

8 ‘‘(7) to provide assistance for clients in securing

9 capital to engage in a self-employment enterprise;

10 ‘‘(8) to provide technical assistance to clients

11 engaged in self-employment enterprises who seek

12 such assistance in order to sustain or expand their

13 enterprises; and

14 ‘‘(9) for other uses as determined appropriate

15 by the Commissioner.

16 ‘‘(e) PROJECT REQUIREMENTS.—Self-employment

17 projects funded under this section shall—

18 ‘‘(1) establish criteria for and apply such cri19 teria in selecting clients to be assisted through the

20 project;

21 ‘‘(2) on an annual basis, enter into agreements

22 with the Commissioner that contain goals concerning

23 the number of individuals with disabilities that the

24 project will assist in starting and sustaining self-em25 ployment enterprises;
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1 ‘‘(3) establish and apply criteria to determine

2 whether an enterprise is a viable option in which to

3 invest project funds;

4 ‘‘(4) establish and apply criteria to determine

5 when and if the project would provide assistance in

6 sustaining an ongoing enterprise engaged in by a cli7 ent or potential client;

8 ‘‘(5) establish and apply criteria to determine

9 when and if the project would provide assistance in

10 expanding an ongoing enterprise engaged in by a cli11 ent or potential client;

12 ‘‘(6) establish and apply procedures to ensure

13 that a potential client has a clear understanding of

14 the scope and limits of assistance from the project

15 that will be applicable in such client’s case;

16 ‘‘(7) develop procedures, which include a writ17 ten agreement, that provides for the documentation

18 of the respective responsibilities of the self-employ19 ment project and any client with regard to the cre20 ation, maintenance, or expansion of the client’s self21 employment enterprise; and

22 ‘‘(8) with respect to the project, submit a report

23 to the Commissioner—

24 ‘‘(A) for each project year, concerning the

25 number of clients assisted by the project who
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1 are engaging in self-employment enterprises

2 and whether the goal described in the agree3 ment entered into under paragraph (2) was

4 met; and

5 ‘‘(B) the number of clients assisted by the

6 project who are still engaged in such an enter7 prise on the date that is—

8 ‘‘(i) 6 months after the date on which

9 assistance provided by the project was ter10 minated; and

11 ‘‘(ii) 12 months after the date of

12 which assistance provided by the project

13 was terminated.

14 ‘‘(f) DURATION OF AWARDS.—A grant, contract, or

15 cooperative agreement under subsection (a) shall be for

16 a 3-year period.

17 ‘‘(g) DEFINITION.—For the purpose of this section,

18 the term ‘client’ means 1 or more individuals with disabil19 ities who engage in or seek to engage in a self-employment

20 enterprise.

21 ‘‘SEC. 614. DISCRETIONARY AUTHORITY FOR DUAL-PUR22 POSE APPLICATIONS.

23 ‘‘(a) IN GENERAL.—The Commissioner may establish

24 procedures to permit applicants for grants, contracts, or

25 cooperative agreements under this part to submit applica-
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1 tions that serve dual purposes, so long as such applications

2 meet the requirements of sections 612 and section 613.

3 ‘‘(b) AMOUNT OF ASSISTANCE.—In a case described

4 in subsection (a), the minimum amount of a grant, con5 tract, or cooperative agreement awarded under a dual-pur6 pose application may, at the discretion of the Commis7 sioner, exceed the limitations described in section

8 612(f)(2).

9 ‘‘SEC. 615. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘There is authorized to be appropriated to carry out

11 this part, $10,000,000 for fiscal year 1998, and such sums

12 as may be necessary for each of the fiscal years 1999

13 through 2004.

14 ‘‘PART B—PROJECTS WITH INDUSTRY

15 ‘‘PROJECTS WITH INDUSTRY

16 ‘‘SEC. 621. (a)(1) The purpose of this part is to cre17 ate and expand job and career opportunities for individ18 uals with disabilities in the competitive labor market by

19 engaging the talent and leadership of private industry as

20 partners in the rehabilitation process, to identify competi21 tive job and career opportunities and the skills needed to

22 perform such jobs, to create practical job and career readi23 ness and training programs, and to provide job placements

24 and career advancement.
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1 ‘‘(2) The Commissioner, in consultation with the Sec2 retary of Labor and with designated State units, may

3 award grants to individual employers, community rehabili4 tation program providers, labor unions, trade associations,

5 Indian tribes, tribal organizations, designated State units,

6 and other entities to establish jointly financed Projects

7 With Industry to create and expand job and career oppor8 tunities for individuals with disabilities, which projects

9 shall—

10 ‘‘(A) provide for the establishment of business

11 advisory councils, which shall—

12 ‘‘(i) be comprised of—

13 ‘‘(I) representatives of private indus14 try, business concerns, and organized

15 labor;

16 ‘‘(II) individuals with disabilities and

17 representatives of individuals with disabil18 ities; and

19 ‘‘(III) a representative of the appro20 priate designated State unit;

21 ‘‘(ii) identify job and career availability

22 within the community, consistent with the cur23 rent and projected local employment opportuni24 ties identified by the local workforce investment

25 partnership for the community under section
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1 308(e)(6) of the Workforce Investment Partner2 ship Act of 1998;

3 ‘‘(iii) identify the skills necessary to per4 form the jobs and careers identified; and

5 ‘‘(iv) prescribe training programs designed

6 to develop appropriate job and career skills, or

7 job placement programs designed to identify

8 and develop job placement and career advance9 ment opportunities, for individuals with disabil10 ities in fields related to the job and career avail11 ability identified under clause (ii);;

12 ‘‘(B) provide job development, job placement,

13 and career advancement services;

14 ‘‘(C) to the extent appropriate, provide for—

15 ‘‘(i) training in realistic work settings in

16 order to prepare individuals with disabilities for

17 employment and career advancement in the

18 competitive market; and

19 ‘‘(ii) the modification of any facilities or

20 equipment of the employer involved that are

21 used primarily by individuals with disabilities,

22 except that a project shall not be required to

23 provide for such modification if the modification

24 is required as a reasonable accommodation
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•S 1579 IS

1 under the Americans with Disabilities Act of

2 1990 (42 U.S.C. 12101 et seq.); and

3 ‘‘(D) provide individuals with disabilities with

4 such support services as may be required in order to

5 maintain the employment and career advancement

6 for which the individuals have received training

7 under this part.

8 ‘‘(3)(A) An individual shall be eligible for services de9 scribed in paragraph (2) if the individual is determined

10 to be an individual described in section 102(a)(1), and if

11 the determination is made in a manner consistent with

12 section 102(a).

13 ‘‘(B) Such a determination may be made by the recip14 ient of a grant under this part, to the extent the deter15 mination is appropriate and available and consistent with

16 the requirements of section 102(a).

17 ‘‘(4) The Commissioner shall enter into an agreement

18 with the grant recipient regarding the establishment of the

19 project. Any agreement shall be jointly developed by the

20 Commissioner, the grant recipient, and, to the extent prac21 ticable, the appropriate designated State unit and the indi22 viduals with disabilities (or the individuals’ representa23 tives) involved. Such agreements shall specify the terms

24 of training and employment under the project, provide for

25 the payment by the Commissioner of part of the costs of
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•S 1579 IS

1 the project (in accordance with subsection (c)), and con2 tain the items required under subsection (b) and such

3 other provisions as the parties to the agreement consider

4 to be appropriate.

5 ‘‘(5) Any agreement shall include a description of a

6 plan to annually conduct a review and evaluation of the

7 operation of the project in accordance with standards de8 veloped by the Commissioner under subsection (d), and,

9 in conducting the review and evaluation, to collect data

10 and information of the type described in subparagraphs

11 (A) through (C) of section 101(a)(10), as determined to

12 be appropriate by the Commissioner.

13 ‘‘(6) The Commissioner may include, as part of

14 agreements with grant recipients, authority for such grant

15 recipients to provide technical assistance to—

16 ‘‘(A) assist employers in hiring individuals with

17 disabilities; or

18 ‘‘(B) improve or develop relationships be19 tween—

20 ‘‘(i) grant recipients or prospective grant

21 recipients; and

22 ‘‘(ii) employers or organized labor; or

23 ‘‘(C) assist employers in understanding and

24 meeting the requirements of the Americans with

25 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)
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•S 1579 IS

1 as the Act relates to employment of individuals with

2 disabilities.

3 ‘‘(b) No payment shall be made by the Commissioner

4 under any agreement with a grant recipient entered into

5 under subsection (a) unless such agreement—

6 ‘‘(1) provides an assurance that individuals with

7 disabilities placed under such agreement shall re8 ceive at least the applicable minimum wage;

9 ‘‘(2) provides an assurance that any individual

10 with a disability placed under this part shall be af11 forded terms and benefits of employment equal to

12 terms and benefits that are afforded to the similarly

13 situated nondisabled co-workers of the individual,

14 and that such individuals with disabilities shall not

15 be segregated from their co-workers; and

16 ‘‘(3) provides an assurance that an annual eval17 uation report containing information specified under

18 subsection (a)(5) shall be submitted as determined

19 to be appropriate by the Commissioner.

20 ‘‘(c) Payments under this section with respect to any

21 project may not exceed 80 per centum of the costs of the

22 project.

23 ‘‘(d)(1) The Commissioner shall develop standards

24 for the evaluation described in subsection (a)(5) and shall
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•S 1579 IS

1 review and revise the evaluation standards as necessary,

2 subject to paragraphs (2) and (3).

3 ‘‘(2) In revising the standards for evaluation to be

4 used by the grant recipients, the Commissioner shall ob5 tain and consider recommendations for such standards

6 from State vocational rehabilitation agencies, current and

7 former grant recipients, professional organizations rep8 resenting business and industry, organizations represent9 ing individuals with disabilities, individuals served by

10 grant recipients, organizations representing community

11 rehabilitation program providers, and labor organizations.

12 ‘‘(3) No standards may be established under this sub13 section unless the standards are approved by the National

14 Council on Disability. The Council shall be afforded ade15 quate time to review and approve the standards.

16 ‘‘(e)(1)(A) A grant may be awarded under this sec17 tion for a period of up to 5 years and such grant may

18 be renewed.

19 ‘‘(B) Grants under this section shall be awarded on

20 a competitive basis. To be eligible to receive such a grant,

21 a prospective grant recipient shall submit an application

22 to the Commissioner at such time, in such manner, and

23 containing such information as the Commissioner may re24 quire.
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1 ‘‘(2) The Commissioner shall to the extent practicable

2 ensure an equitable distribution of payments made under

3 this section among the States. To the extent funds are

4 available, the Commissioner shall award grants under this

5 section to new projects that will serve individuals with dis6 abilities in States, portions of States, Indian tribes, or

7 tribal organizations, that are currently unserved or under8 served by projects.

9 ‘‘(f)(1) The Commissioner shall, as necessary, develop

10 and publish in the Federal Register in final form indica11 tors of what constitutes minimum compliance consistent

12 with the evaluation standards under subsection (d)(1).

13 ‘‘(2) Each grant recipient shall report to the Commis14 sioner at the end of each project year the extent to which

15 the grant recipient is in compliance with the evaluation

16 standards.

17 ‘‘(3)(A) The Commissioner shall annually conduct on18 site compliance reviews of at least 15 percent of grant re19 cipients. The Commissioner shall select grant recipients

20 for review on a random basis.

21 ‘‘(B) The Commissioner shall use the indicators in

22 determining compliance with the evaluation standards.

23 ‘‘(C) The Commissioner shall ensure that at least one

24 member of a team conducting such a review shall be an

25 individual who—
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1 ‘‘(i) is not an employee of the Federal Govern2 ment; and

3 ‘‘(ii) has experience or expertise in conducting

4 projects.

5 ‘‘(D) The Commissioner shall ensure that—

6 ‘‘(i) a representative of the appropriate des7 ignated State unit shall participate in the review;

8 and

9 ‘‘(ii) no person shall participate in the review of

10 a grant recipient if—

11 ‘‘(I) the grant recipient provides any direct

12 financial benefit to the reviewer; or

13 ‘‘(II) participation in the review would give

14 the appearance of a conflict of interest.

15 ‘‘(4) In making a determination concerning any sub16 sequent grant under this section, the Commissioner shall

17 consider the past performance of the applicant, if applica18 ble. The Commissioner shall use compliance indicators de19 veloped under this subsection that are consistent with pro20 gram evaluation standards developed under subsection (d)

21 to assess minimum project performance for purposes of

22 making continuation awards in the third, fourth, and fifth

23 years.

24 ‘‘(5) Each fiscal year the Commissioner shall include

25 in the annual report to Congress required by section 13
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•S 1579 IS

1 an analysis of the extent to which grant recipients have

2 complied with the evaluation standards. The Commis3 sioner may identify individual grant recipients in the anal4 ysis. In addition, the Commissioner shall report the results

5 of on-site compliance reviews, identifying individual grant

6 recipients.

7 ‘‘(g) The Commissioner may provide, directly or by

8 way of grant, contract, or cooperative agreement, technical

9 assistance to—

10 ‘‘(1) entities conducting projects for the pur11 pose of assisting such entities in—

12 ‘‘(A) the improvement of or the develop13 ment of relationships with private industry or

14 labor; or

15 ‘‘(B) the improvement of relationships with

16 State vocational rehabilitation agencies; and

17 ‘‘(2) entities planning the development of new

18 projects.

19 ‘‘(h) As used in this section:

20 ‘‘(1) The term ‘agreement’ means an agreement

21 described in subsection (a)(4).

22 ‘‘(2) The term ‘project’ means a Project With

23 Industry established under subsection (a)(2).

24 ‘‘(3) The term ‘grant recipient’ means a recipi25 ent of a grant under subsection (a)(2).
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1 ‘‘AUTHORIZATION OF APPROPRIATIONS

2 ‘‘SEC. 622. There are authorized to be appropriated

3 to carry out the provisions of this part, such sums as may

4 be necessary for each of fiscal years 1998 through 2004.

5 ‘‘PART C—SUPPORTED EMPLOYMENT SERVICES FOR IN6 DIVIDUALS WITH THE MOST SIGNIFICANT DISABIL7 ITIES

8 ‘‘SEC. 631. PURPOSE.

9 ‘‘It is the purpose of this part to authorize allotments,

10 in addition to grants for vocational rehabilitation services

11 under title I, to assist States in developing collaborative

12 programs with appropriate entities to provide supported

13 employment services for individuals with the most signifi14 cant disabilities to enable such individuals to achieve the

15 employment outcome of supported employment.

16 ‘‘SEC. 632. ALLOTMENTS.

17 ‘‘(a) IN GENERAL.—

18 ‘‘(1) STATES.—The Secretary shall allot the

19 sums appropriated for each fiscal year to carry out

20 this part among the States on the basis of relative

21 population of each State, except that—

22 ‘‘(A) no State shall receive less than

23 $250,000, or one-third of one percent of the

24 sums appropriated for the fiscal year for which

25 the allotment is made, whichever is greater; and
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1 ‘‘(B) if the sums appropriated to carry out

2 this part for the fiscal year exceed by

3 $1,000,000 or more the sums appropriated to

4 carry out this part in fiscal year 1992, no State

5 shall receive less than $300,000, or one-third of

6 one percent of the sums appropriated for the

7 fiscal year for which the allotment is made,

8 whichever is greater.

9 ‘‘(2) CERTAIN TERRITORIES.—

10 ‘‘(A) IN GENERAL.—For the purposes of

11 this subsection, Guam, American Samoa, the

12 United States Virgin Islands, and the Common13 wealth of the Northern Mariana Islands shall

14 not be considered to be States.

15 ‘‘(B) ALLOTMENT.—Each jurisdiction de16 scribed in subparagraph (A) shall be allotted

17 not less than one-eighth of one percent of the

18 amounts appropriated for the fiscal year for

19 which the allotment is made.

20 ‘‘(b) REALLOTMENT.—Whenever the Commissioner

21 determines that any amount of an allotment to a State

22 for any fiscal year will not be expended by such State for

23 carrying out the provisions of this part, the Commissioner

24 shall make such amount available for carrying out the pro25 visions of this part to one or more of the States that the
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•S 1579 IS

1 Commissioner determines will be able to use additional

2 amounts during such year for carrying out such provi3 sions. Any amount made available to a State for any fiscal

4 year pursuant to the preceding sentence shall, for the pur5 poses of this section, be regarded as an increase in the

6 allotment of the State (as determined under the preceding

7 provisions of this section) for such year.

8 ‘‘SEC. 633. AVAILABILITY OF SERVICES.

9 ‘‘Funds provided under this part may be used to pro10 vide supported employment services to individuals who are

11 eligible under this part. Funds provided under this part,

12 or title I, may not be used to provide extended services

13 to individuals who are eligible under this part or title I.

14 ‘‘SEC. 634. ELIGIBILITY.

15 ‘‘An individual shall be eligible under this part to re16 ceive supported employment services authorized under this

17 Act if—

18 ‘‘(1) the individual is eligible for vocational re19 habilitation services;

20 ‘‘(2) the individual is determined to be an indi21 vidual with a most significant disability; and

22 ‘‘(3) a comprehensive assessment of rehabilita23 tion needs of the individual described in section

24 7(2)(B), including an evaluation of rehabilitation,

25 career, and job needs, identifies supported employ-
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•S 1579 IS

1 ment as the appropriate employment outcome for

2 the individual.

3 ‘‘SEC. 635. STATE PLAN.

4 ‘‘(a) STATE PLAN SUPPLEMENTS.—To be eligible for

5 an allotment under this part, a State shall submit to the

6 Commissioner, as part of the State plan under section

7 101, a State plan supplement for providing supported em8 ployment services authorized under this Act to individuals

9 who are eligible under this Act to receive the services.

10 Each State shall make such annual revisions in the plan

11 supplement as may be necessary.

12 ‘‘(b) CONTENTS.—Each such plan supplement

13 shall—

14 ‘‘(1) designate each designated State agency as

15 the agency to administer the program assisted under

16 this part;

17 ‘‘(2) summarize the results of the comprehen18 sive, statewide assessment conducted under section

19 101(a)(15)(A)(i), with respect to the rehabilitation

20 needs of individuals with significant disabilities and

21 the need for supported employment services, includ22 ing needs related to coordination;

23 ‘‘(3) describe the quality, scope, and extent of

24 supported employment services authorized under this

25 Act to be provided to individuals who are eligible
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1 under this Act to receive the services and specify the

2 goals and plans of the State with respect to the dis3 tribution of funds received under section 632;

4 ‘‘(4) demonstrate evidence of the efforts of the

5 designated State agency to identify and make ar6 rangements (including entering into cooperative

7 agreements) with other State agencies and other ap8 propriate entities to assist in the provision of sup9 ported employment services;

10 ‘‘(5) demonstrate evidence of the efforts of the

11 designated State agency to identify and make ar12 rangements (including entering into cooperative

13 agreements) with other public or nonprofit agencies

14 or organizations within the State, employers, natural

15 supports, and other entities with respect to the pro16 vision of extended services;

17 ‘‘(6) provide assurances that—

18 ‘‘(A) funds made available under this part

19 will only be used to provide supported employ20 ment services authorized under this Act to indi21 viduals who are eligible under this part to re22 ceive the services;

23 ‘‘(B) the comprehensive assessments of in24 dividuals with significant disabilities conducted

25 under section 102(b)(1) and funded under title
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•S 1579 IS

1 I will include consideration of supported em2 ployment as an appropriate employment out3 come;

4 ‘‘(C) an individualized rehabilitation em5 ployment plan, as required by section 102, will

6 be developed and updated using funds under

7 title I in order to—

8 ‘‘(i) specify the supported employment

9 services to be provided;

10 ‘‘(ii) specify the expected extended

11 services needed; and

12 ‘‘(iii) identify the source of extended

13 services, which may include natural sup14 ports, or to the extent that it is not pos15 sible to identify the source of extended

16 services at the time the individualized re17 habilitation employment plan is developed,

18 a statement describing the basis for con19 cluding that there is a reasonable expecta20 tion that such sources will become avail21 able;

22 ‘‘(D) the State will use funds provided

23 under this part only to supplement, and not

24 supplant, the funds provided under title I, in

25 providing supported employment services speci-
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•S 1579 IS

1 fied in the individualized rehabilitation employ2 ment plan;

3 ‘‘(E) services provided under an individual4 ized rehabilitation employment plan will be co5 ordinated with services provided under other in6 dividualized plans established under other Fed7 eral or State programs;

8 ‘‘(F) to the extent jobs skills training is

9 provided, the training will be provided on-site;

10 and

11 ‘‘(G) supported employment services will

12 include placement in an integrated setting for

13 the maximum number of hours possible based

14 on the unique strengths, resources, priorities,

15 concerns, abilities, capabilities, interests, and

16 informed choice of individuals with the most

17 significant disabilities;

18 ‘‘(7) provide assurances that the State agencies

19 designated under paragraph (1) will expend not

20 more than 5 percent of the allotment of the State

21 under this part for administrative costs of carrying

22 out this part; and

23 ‘‘(8) contain such other information and be sub24 mitted in such manner as the Commissioner may re25 quire.
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1 ‘‘SEC. 636. RESTRICTION.

2 ‘‘Each State agency designated under section

3 635(b)(1) shall collect the information required by section

4 101(a)(10) separately for eligible individuals receiving

5 supported employment services under this part and for eli6 gible individuals receiving supported employment services

7 under title I.

8 ‘‘SEC. 637. SAVINGS PROVISION.

9 ‘‘(a) SUPPORTED EMPLOYMENT SERVICES.—Noth10 ing in this Act shall be construed to prohibit a State from

11 providing supported employment services in accordance

12 with the State plan submitted under section 101 by using

13 funds made available through a State allotment under sec14 tion 110.

15 ‘‘(b) POSTEMPLOYMENT SERVICES.—Nothing in this

16 part shall be construed to prohibit a State from providing

17 discrete postemployment services in accordance with the

18 State plan submitted under section 101 by using funds

19 made available through a State allotment under section

20 110 to an individual who is eligible under this part.

21 ‘‘SEC. 638. AUTHORIZATION OF APPROPRIATIONS.

22 ‘‘There are authorized to be appropriated to carry out

23 this part such sums as may be necessary for each of fiscal

24 years 1998 through 2004.’’.
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•S 1579 IS

1 SEC. 10. INDEPENDENT LIVING SERVICES AND CENTERS

2 FOR INDEPENDENT LIVING.

3 Title VII of the Rehabilitation Act of 1973 (29

4 U.S.C. 796 et seq.) is amended to read as follows:

5 ‘‘TITLE VII—INDEPENDENT LIV6 ING SERVICES AND CENTERS

7 FOR INDEPENDENT LIVING

8 ‘‘CHAPTER 1—INDIVIDUALS WITH

9 SIGNIFICANT DISABILITIES

10 ‘‘PART A—GENERAL PROVISIONS

11 ‘‘SEC. 701. PURPOSE.

12 ‘‘The purpose of this chapter is to promote a philoso13 phy of independent living, including a philosophy of con14 sumer control, peer support, self-help, self-determination,

15 equal access, and individual and system advocacy, in order

16 to maximize the leadership, empowerment, independence,

17 and productivity of individuals with disabilities, and the

18 integration and full inclusion of individuals with disabil19 ities into the mainstream of American society, by—

20 ‘‘(1) providing financial assistance to States for

21 providing, expanding, and improving the provision of

22 independent living services;

23 ‘‘(2) providing financial assistance to develop

24 and support statewide networks of centers for inde25 pendent living; and
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•S 1579 IS

1 ‘‘(3) providing financial assistance to States for

2 improving working relationships among State inde3 pendent living rehabilitation service programs, cen4 ters for independent living, Statewide Independent

5 Living Councils established under section 705, State

6 vocational rehabilitation programs receiving assist7 ance under title I, State programs of supported em8 ployment services receiving assistance under part C

9 of title VI, client assistance programs receiving as10 sistance under section 112, programs funded under

11 other titles of this Act, programs funded under other

12 Federal law, and programs funded through non-Fed13 eral sources.

14 ‘‘SEC. 702. DEFINITIONS.

15 ‘‘As used in this chapter:

16 ‘‘(1) CENTER FOR INDEPENDENT LIVING.—The

17 term ‘center for independent living’ means a con18 sumer-controlled, community-based, cross-disability,

19 nonresidential private nonprofit agency that—

20 ‘‘(A) is designed and operated within a

21 local community by individuals with disabilities;

22 and

23 ‘‘(B) provides an array of independent liv24 ing services.
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•S 1579 IS

1 ‘‘(2) CONSUMER CONTROL.—The term ‘con2 sumer control’ means, with respect to a center for

3 independent living, that the center vests power and

4 authority in individuals with disabilities.

5 ‘‘SEC. 703. ELIGIBILITY FOR RECEIPT OF SERVICES.

6 ‘‘Services may be provided under this chapter to any

7 individual with a significant disability, as defined in sec8 tion 7(21)(B).

9 ‘‘SEC. 704. STATE PLAN.

10 ‘‘(a) IN GENERAL.—

11 ‘‘(1) REQUIREMENT.—To be eligible to receive

12 financial assistance under this chapter, a State shall

13 submit to the Commissioner, and obtain approval of,

14 a State plan containing such provisions as the Com15 missioner may require, including, at a minimum, the

16 provisions required in this section.

17 ‘‘(2) JOINT DEVELOPMENT.—The plan under

18 paragraph (1) shall be jointly developed and signed

19 by—

20 ‘‘(A) the director of the designated State

21 unit; and

22 ‘‘(B) the chairperson of the Statewide

23 Independent Living Council, acting on behalf of

24 and at the direction of the Council.
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•S 1579 IS

1 ‘‘(3) PERIODIC REVIEW AND REVISION.—The

2 plan shall provide for the review and revision of the

3 plan, not less than once every 3 years, to ensure the

4 existence of appropriate planning, financial support

5 and coordination, and other assistance to appro6 priately address, on a statewide and comprehensive

7 basis, needs in the State for—

8 ‘‘(A) the provision of State independent

9 living services;

10 ‘‘(B) the development and support of a

11 statewide network of centers for independent

12 living; and

13 ‘‘(C) working relationships between—

14 ‘‘(i) programs providing independent

15 living services and independent living cen16 ters; and

17 ‘‘(ii) the vocational rehabilitation pro18 gram established under title I, and other

19 programs providing services for individuals

20 with disabilities.

21 ‘‘(4) DATE OF SUBMISSION.—The State shall

22 submit the plan to the Commissioner 90 days before

23 the completion date of the preceding plan. If a State

24 fails to submit such a plan that complies with the

25 requirements of this section, the Commissioner may
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•S 1579 IS

1 withhold financial assistance under this chapter until

2 such time as the State submits such a plan.

3 ‘‘(b) STATEWIDE INDEPENDENT LIVING COUNCIL.—

4 The plan shall provide for the establishment of a State5 wide Independent Living Council in accordance with sec6 tion 705.

7 ‘‘(c) DESIGNATION OF STATE UNIT.—The plan shall

8 designate the designated State unit of such State as the

9 agency that, on behalf of the State, shall—

10 ‘‘(1) receive, account for, and disburse funds re11 ceived by the State under this chapter based on the

12 plan;

13 ‘‘(2) provide administrative support services for

14 a program under part B, and a program under part

15 C in a case in which the program is administered by

16 the State under section 723;

17 ‘‘(3) keep such records and afford such access

18 to such records as the Commissioner finds to be nec19 essary with respect to the programs; and

20 ‘‘(4) submit such additional information or pro21 vide such assurances as the Commissioner may re22 quire with respect to the programs.

23 ‘‘(d) OBJECTIVES.—The plan shall—
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•S 1579 IS

1 ‘‘(1) specify the objectives to be achieved under

2 the plan and establish timelines for the achievement

3 of the objectives; and

4 ‘‘(2) explain how such objectives are consistent

5 with and further the purpose of this chapter.

6 ‘‘(e) INDEPENDENT LIVING SERVICES.—The plan

7 shall provide that the State will provide independent living

8 services under this chapter to individuals with significant

9 disabilities, and will provide the services to such an indi10 vidual in accordance with an independent living plan mu11 tually agreed upon by an appropriate staff member of the

12 service provider and the individual, unless the individual

13 signs a waiver stating that such a plan is unnecessary.

14 ‘‘(f) SCOPE AND ARRANGEMENTS.—The plan shall

15 describe the extent and scope of independent living serv16 ices to be provided under this chapter to meet such objec17 tives. If the State makes arrangements, by grant or con18 tract, for providing such services, such arrangements shall

19 be described in the plan.

20 ‘‘(g) NETWORK.—The plan shall set forth a design

21 for the establishment of a statewide network of centers

22 for independent living that comply with the standards and

23 assurances set forth in section 725.

24 ‘‘(h) CENTERS.—In States in which State funding for

25 centers for independent living equals or exceeds the
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•S 1579 IS

1 amount of funds allotted to the State under part C, as

2 provided in section 723, the plan shall include policies,

3 practices, and procedures governing the awarding of

4 grants to centers for independent living and oversight of

5 such centers consistent with section 723.

6 ‘‘(i) COOPERATION, COORDINATION, AND WORKING

7 RELATIONSHIPS AMONG VARIOUS ENTITIES.—The plan

8 shall set forth the steps that will be taken to maximize

9 the cooperation, coordination, and working relationships

10 among—

11 ‘‘(1) the independent living rehabilitation serv12 ice program, the Statewide Independent Living

13 Council, and centers for independent living; and

14 ‘‘(2) the designated State unit, other State

15 agencies represented on such Council, other councils

16 that address the needs of specific disability popu17 lations and issues, and other public and private enti18 ties determined to be appropriate by the Council.

19 ‘‘(j) COORDINATION OF SERVICES.—The plan shall

20 describe how services funded under this chapter will be

21 coordinated with, and complement, other services, in order

22 to avoid unnecessary duplication with other Federal,

23 State, and local programs.

24 ‘‘(k) COORDINATION BETWEEN FEDERAL AND

25 STATE SOURCES.—The plan shall describe efforts to co-
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•S 1579 IS

1 ordinate Federal and State funding for centers for inde2 pendent living and independent living services.

3 ‘‘(l) OUTREACH.—With respect to services and cen4 ters funded under this chapter, the plan shall set forth

5 steps to be taken regarding outreach to populations that

6 are unserved or underserved by programs under this title,

7 including minority groups and urban and rural popu8 lations.

9 ‘‘(m) REQUIREMENTS.—The plan shall provide satis10 factory assurances that all recipients of financial assist11 ance under this chapter will—

12 ‘‘(1) notify all individuals seeking or receiving

13 services under this chapter about the availability of

14 the client assistance program under section 112, the

15 purposes of the services provided under such pro16 gram, and how to contact such program;

17 ‘‘(2) take affirmative action to employ and ad18 vance in employment qualified individuals with dis19 abilities on the same terms and conditions required

20 with respect to the employment of such individuals

21 under the provisions of section 503;

22 ‘‘(3) adopt such fiscal control and fund ac23 counting procedures as may be necessary to ensure

24 the proper disbursement of and accounting for funds

25 paid to the State under this chapter;
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•S 1579 IS

1 ‘‘(4)(A) maintain records that fully disclose—

2 ‘‘(i) the amount and disposition by such re3 cipient of the proceeds of such financial assist4 ance;

5 ‘‘(ii) the total cost of the project or under6 taking in connection with which such financial

7 assistance is given or used; and

8 ‘‘(iii) the amount of that portion of the

9 cost of the project or undertaking supplied by

10 other sources;

11 ‘‘(B) maintain such other records as the Com12 missioner determines to be appropriate to facilitate

13 an effective audit;

14 ‘‘(C) afford such access to records maintained

15 under subparagraphs (A) and (B) as the Commis16 sioner determines to be appropriate; and

17 ‘‘(D) submit such reports with respect to such

18 records as the Commissioner determines to be ap19 propriate;

20 ‘‘(5) provide access to the Commissioner and

21 the Comptroller General or any of their duly author22 ized representatives, for the purpose of conducting

23 audits and examinations, of any books, documents,

24 papers, and records of the recipients that are perti-
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•S 1579 IS

1 nent to the financial assistance received under this

2 chapter; and

3 ‘‘(6) provide for public hearings regarding the

4 contents of the plan during both the formulation and

5 review of the plan.

6 ‘‘(n) EVALUATION.—The plan shall establish a meth7 od for the periodic evaluation of the effectiveness of the

8 plan in meeting the objectives established in subsection

9 (d), including evaluation of satisfaction by individuals with

10 disabilities.

11 ‘‘SEC. 705. STATEWIDE INDEPENDENT LIVING COUNCIL.

12 ‘‘(a) ESTABLISHMENT.—To be eligible to receive fi13 nancial assistance under this chapter, each State shall es14 tablish a Statewide Independent Living Council (referred

15 to in this section as the ‘Council’). The Council shall not

16 be established as an entity within a State agency.

17 ‘‘(b) COMPOSITION AND APPOINTMENT.—

18 ‘‘(1) APPOINTMENT.—Members of the Council

19 shall be appointed by the Governor or the appro20 priate entity within the State responsible for making

21 appointments. The appointing authority shall select

22 members after soliciting recommendations from rep23 resentatives of organizations representing a broad

24 range of individuals with disabilities and organiza25 tions interested in individuals with disabilities.
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•S 1579 IS

1 ‘‘(2) COMPOSITION.—The Council shall in2 clude—

3 ‘‘(A) at least one director of a center for

4 independent living chosen by the directors of

5 centers for independent living within the State;

6 ‘‘(B) as ex officio, nonvoting members—

7 ‘‘(i) a representative from the des8 ignated State unit; and

9 ‘‘(ii) representatives from other State

10 agencies that provide services for individ11 uals with disabilities; and

12 ‘‘(C) in a State in which 1 or more

13 projects are carried out under section 121, at

14 least 1 representative of the directors of the

15 projects.

16 ‘‘(3) ADDITIONAL MEMBERS.—The Council may

17 include—

18 ‘‘(A) other representatives from centers for

19 independent living;

20 ‘‘(B) parents and guardians of individuals

21 with disabilities;

22 ‘‘(C) advocates of and for individuals with

23 disabilities;

24 ‘‘(D) representatives from private busi25 nesses;
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•S 1579 IS

1 ‘‘(E) representatives from organizations

2 that provide services for individuals with dis3 abilities; and

4 ‘‘(F) other appropriate individuals.

5 ‘‘(4) QUALIFICATIONS.—

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

7 composed of members—

8 ‘‘(i) who provide statewide representa9 tion;

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

11 individuals with disabilities from diverse

12 backgrounds;

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(20)(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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•S 1579 IS

1 ‘‘(i) individuals with disabilities de2 scribed in section 7(20)(B); and

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

5 ‘‘(5) CHAIRPERSON.—The Council shall select a

6 chairperson from among the voting membership of

7 the Council.

8 ‘‘(6) TERMS OF APPOINTMENT.—

9 ‘‘(A) LENGTH OF TERM.—Each member of

10 the Council shall serve for a term of 3 years,

11 except that—

12 ‘‘(i) a member appointed to fill a va13 cancy occurring prior to the expiration of

14 the term for which a predecessor was ap15 pointed, shall be appointed for the remain16 der of such term; and

17 ‘‘(ii) the terms of service of the mem18 bers initially appointed shall be (as speci19 fied by the appointing authority) for such

20 fewer number of years as will provide for

21 the expiration of terms on a staggered

22 basis.

23 ‘‘(B) NUMBER OF TERMS.—No member of

24 the Council may serve more than two consecu25 tive full terms.
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•S 1579 IS

1 ‘‘(7) VACANCIES.—

2 ‘‘(A) IN GENERAL.—Except as provided in

3 subparagraph (B), any vacancy occurring in the

4 membership of the Council shall be filled in the

5 same manner as the original appointment. The

6 vacancy shall not affect the power of the re7 maining members to execute the duties of the

8 Council.

9 ‘‘(B) DELEGATION.—The Governor (in10 cluding an entity described in paragraph (1))

11 may delegate the authority to fill such a va12 cancy to the remaining voting members of the

13 Council after making the original appointment.

14 ‘‘(c) DUTIES.—The Council shall—

15 ‘‘(1) jointly develop and sign (in conjunction

16 with the designated State unit) the State plan re17 quired in section 704;

18 ‘‘(2) monitor, review, and evaluate the imple19 mentation of the State plan;

20 ‘‘(3) coordinate activities with the State Reha21 bilitation Council established under section 105, if

22 the State has such a Council, or the commission de23 scribed in section 101(a)(21)(A), if the State has

24 such a commission, and councils that address the
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•S 1579 IS

1 needs of specific disability populations and issues

2 under other Federal law;

3 ‘‘(4) ensure that all regularly scheduled meet4 ings of the Statewide Independent Living Council

5 are open to the public and sufficient advance notice

6 is provided; and

7 ‘‘(5) submit to the Commissioner such periodic

8 reports as the Commissioner may reasonably re9 quest, and keep such records, and afford such access

10 to such records, as the Commissioner finds nec11 essary to verify such reports.

12 ‘‘(d) HEARINGS AND FORUMS.—The Council is au13 thorized to hold such hearings and forums as the Council

14 may determine to be necessary to carry out the duties of

15 the Council.

16 ‘‘(e) PLAN.—

17 ‘‘(1) IN GENERAL.—The Council shall prepare,

18 in conjunction with the designated State unit, a plan

19 for the provision of such resources, including such

20 staff and personnel, as may be necessary and suffi21 cient to carry out the functions of the Council under

22 this section, with funds made available under this

23 chapter, and under section 110 (consistent with sec24 tion 101(a)(18)), and from other public and private

25 sources. The resource plan shall, to the maximum
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•S 1579 IS

1 extent possible, rely on the use of resources in exist2 ence during the period of implementation of the

3 plan.

4 ‘‘(2) SUPERVISION AND EVALUATION.—Each

5 Council shall, consistent with State law, supervise

6 and evaluate such staff and other personnel as may

7 be necessary to carry out the functions of the Coun8 cil under this section.

9 ‘‘(3) CONFLICT OF INTEREST.—While assisting

10 the Council in carrying out its duties, staff and

11 other personnel shall not be assigned duties by the

12 designated State agency or any other agency or of13 fice of the State, that would create a conflict of in14 terest.

15 ‘‘(f) COMPENSATION AND EXPENSES.—The Council

16 may use such resources to reimburse members of the

17 Council for reasonable and necessary expenses of attend18 ing Council meetings and performing Council duties (in19 cluding child care and personal assistance services), and

20 to pay compensation to a member of the Council, if such

21 member is not employed or must forfeit wages from other

22 employment, for each day the member is engaged in per23 forming Council duties.

24 ‘‘SEC. 706. RESPONSIBILITIES OF THE COMMISSIONER.

25 ‘‘(a) APPROVAL OF STATE PLANS.—
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1 ‘‘(1) IN GENERAL.—The Commissioner shall

2 approve any State plan submitted under section 704

3 that the Commissioner determines meets the re4 quirements of section 704, and shall disapprove any

5 such plan that does not meet such requirements, as

6 soon as practicable after receiving the plan. Prior to

7 such disapproval, the Commissioner shall notify the

8 State of the intention to disapprove the plan, and

9 shall afford such State reasonable notice and oppor10 tunity for a hearing.

11 ‘‘(2) PROCEDURES.—

12 ‘‘(A) IN GENERAL.—Except as provided in

13 subparagraph (B), the provisions of subsections

14 (c) and (d) of section 107 shall apply to any

15 State plan submitted to the Commissioner

16 under section 704.

17 ‘‘(B) APPLICATION.—For purposes of the

18 application described in subparagraph (A), all

19 references in such provisions—

20 ‘‘(i) to the Secretary shall be deemed

21 to be references to the Commissioner; and

22 ‘‘(ii) to section 101 shall be deemed to

23 be references to section 704.

24 ‘‘(b) INDICATORS.—Not later than October 1, 1993,

25 the Commissioner shall develop and publish in the Federal
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•S 1579 IS

1 Register indicators of minimum compliance consistent

2 with the standards set forth in section 725.

3 ‘‘(c) ON-SITE COMPLIANCE REVIEWS.—

4 ‘‘(1) REVIEWS.—The Commissioner shall annu5 ally conduct on-site compliance reviews of at least 15

6 percent of the centers for independent living that re7 ceive funds under section 722 and shall periodically

8 conduct such a review of each such center. The

9 Commissioner shall select such centers for review on

10 a random basis. The Commissioner shall annually

11 conduct onsite compliance reviews of at least one12 third of the designated State units that receive fund13 ing under section 723, and, to the extent necessary

14 to determine the compliance of such a State unit

15 with subsections (f) and (g) of section 723, centers

16 that receive funding under section 723 in such

17 State.

18 ‘‘(2) QUALIFICATIONS OF EMPLOYEES CON19 DUCTING REVIEWS.—The Commissioner shall—

20 ‘‘(A) to the maximum extent practicable,

21 carry out such a review by using employees of

22 the Department who are knowledgeable about

23 the provision of independent living services;
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1 ‘‘(B) ensure that the employee of the De2 partment with responsibility for supervising

3 such a review shall have such knowledge; and

4 ‘‘(C) ensure that at least one member of a

5 team conducting such a review shall be an indi6 vidual who—

7 ‘‘(i) is not a government employee;

8 and

9 ‘‘(ii) has experience in the operation

10 of centers for independent living.

11 ‘‘(d) REPORTS.—The Commissioner shall include, in

12 the annual report required under section 13, information

13 on the extent to which centers for independent living re14 ceiving funds under part C have complied with the stand15 ards and assurances set forth in section 725. The Commis16 sioner may identify individual centers for independent liv17 ing in the analysis. The Commissioner shall report the re18 sults of on-site compliance reviews, identifying individual

19 centers for independent living and other recipients of as20 sistance under this chapter.

21 ‘‘PART B—INDEPENDENT LIVING SERVICES

22 ‘‘SEC. 711. ALLOTMENTS.

23 ‘‘(a) IN GENERAL.—

24 ‘‘(1) STATES.—
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1 ‘‘(A) POPULATION BASIS.—Except as pro2 vided in subparagraphs (B) and (C), from sums

3 appropriated for each fiscal year to carry out

4 this part, the Commissioner shall make an al5 lotment to each State whose State plan has

6 been approved under section 706 of an amount

7 bearing the same ratio to such sums as the pop8 ulation of the State bears to the population of

9 all States.

10 ‘‘(B) MAINTENANCE OF 1992 AMOUNTS.—

11 Subject to the availability of appropriations to

12 carry out this part, the amount of any allot13 ment made under subparagraph (A) to a State

14 for a fiscal year shall not be less than the

15 amount of an allotment made to the State for

16 fiscal year 1992 under part A of this title, as

17 in effect on the day before the date of enact18 ment of the Rehabilitation Act Amendments of

19 1992.

20 ‘‘(C) MINIMUMS.—Subject to the availabil21 ity of appropriations to carry out this part, and

22 except as provided in subparagraph (B), the al23 lotment to any State under subparagraph (A)

24 shall be not less than $275,000 or one-third of

25 one percent of the sums made available for the
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1 fiscal year for which the allotment is made,

2 whichever is greater, and the allotment of any

3 State under this section for any fiscal year that

4 is less than $275,000 or one-third of one per5 cent of such sums shall be increased to the

6 greater of the two amounts.

7 ‘‘(2) CERTAIN TERRITORIES.—

8 ‘‘(A) IN GENERAL.—For the purposes of

9 paragraph (1)(C), Guam, American Samoa, the

10 United States Virgin Islands, and the Common11 wealth of the Northern Mariana Islands shall

12 not be considered to be States.

13 ‘‘(B) ALLOTMENT.—Each jurisdiction de14 scribed in subparagraph (A) shall be allotted

15 under paragraph (1)(A) not less than one16 eighth of one percent of the amounts made

17 available for purposes of this part for the fiscal

18 year for which the allotment is made.

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

20 fiscal year, beginning in fiscal year 1999, in which

21 the total amount appropriated to carry out this part

22 exceeds the total amount appropriated to carry out

23 this part for the preceding fiscal year, the Commis24 sioner shall increase the minimum allotment under

25 paragraph (1)(C) by a percentage that shall not ex-
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1 ceed the percentage increase in the total amount ap2 propriated to carry out this part between the preced3 ing fiscal year and the fiscal year involved.

4 ‘‘(b) PROPORTIONAL REDUCTION.—To provide allot5 ments to States in accordance with subsection (a)(1)(B),

6 to provide minimum allotments to States (as increased

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

8 provide minimum allotments to States under subsection

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

10 the allotments of the remaining States under subsection

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

12 prevent the allotment of any such remaining State from

13 being reduced to less than the amount required by sub14 section (a)(1)(B).

15 ‘‘(c) REALLOTMENT.—Whenever the Commissioner

16 determines that any amount of an allotment to a State

17 for any fiscal year will not be expended by such State in

18 carrying out the provisions of this part, the Commissioner

19 shall make such amount available for carrying out the pro20 visions of this part to one or more of the States that the

21 Commissioner determines will be able to use additional

22 amounts during such year for carrying out such provi23 sions. Any amount made available to a State for any fiscal

24 year pursuant to the preceding sentence shall, for the pur25 poses of this section, be regarded as an increase in the
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1 allotment of the State (as determined under the preceding

2 provisions of this section) for such year.

3 ‘‘SEC. 712. PAYMENTS TO STATES FROM ALLOTMENTS.

4 ‘‘(a) PAYMENTS.—From the allotment of each State

5 for a fiscal year under section 711, the State shall be paid

6 the Federal share of the expenditures incurred during

7 such year under its State plan approved under section

8 706. Such payments may be made (after necessary adjust9 ments on account of previously made overpayments or un10 derpayments) in advance or by way of reimbursement, and

11 in such installments and on such conditions as the Com12 missioner may determine.

13 ‘‘(b) FEDERAL SHARE.—

14 ‘‘(1) IN GENERAL.—The Federal share with re15 spect to any State for any fiscal year shall be 90

16 percent of the expenditures incurred by the State

17 during such year under its State plan approved

18 under section 706.

19 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal

20 share of the cost of any project that receives assist21 ance through an allotment under this part may be

22 provided in cash or in kind, fairly evaluated, includ23 ing plant, equipment, or services.
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1 ‘‘SEC. 713. AUTHORIZED USES OF FUNDS.

2 ‘‘The State may use funds received under this part

3 to provide the resources described in section 705(e), relat4 ing to the Statewide Independent Living Council, and may

5 use funds received under this part—

6 ‘‘(1) to provide independent living services to

7 individuals with significant disabilities;

8 ‘‘(2) to demonstrate ways to expand and im9 prove independent living services;

10 ‘‘(3) to support the operation of centers for

11 independent living that are in compliance with the

12 standards and assurances set forth in subsections

13 (b) and (c) of section 725;

14 ‘‘(4) to support activities to increase the capac15 ities of public or nonprofit agencies and organiza16 tions and other entities to develop comprehensive ap17 proaches or systems for providing independent living

18 services;

19 ‘‘(5) to conduct studies and analyses, gather in20 formation, develop model policies and procedures,

21 and present information, approaches, strategies,

22 findings, conclusions, and recommendations to Fed23 eral, State, and local policymakers in order to en24 hance independent living services for individuals with

25 disabilities;
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1 ‘‘(6) to train individuals with disabilities and in2 dividuals providing services to individuals with dis3 abilities and other persons regarding the independ4 ent living philosophy; and

5 ‘‘(7) to provide outreach to populations that are

6 unserved or underserved by programs under this

7 title, including minority groups and urban and rural

8 populations.

9 ‘‘SEC. 714. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘There are authorized to be appropriated to carry out

11 this part such sums as may be necessary for each of the

12 fiscal years 1998 through 2004.

13 ‘‘PART C—CENTERS FOR INDEPENDENT LIVING

14 ‘‘SEC. 721. PROGRAM AUTHORIZATION.

15 ‘‘(a) IN GENERAL.—From the funds appropriated for

16 fiscal year 1998 and for each subsequent fiscal year to

17 carry out this part, the Commissioner shall allot such

18 sums as may be necessary to States and other entities in

19 accordance with subsections (b) through (d).

20 ‘‘(b) TRAINING.—

21 ‘‘(1) GRANTS; CONTRACTS; OTHER ARRANGE22 MENTS.—For any fiscal year in which the funds ap23 propriated to carry out this part exceed the funds

24 appropriated to carry out this part for fiscal year

25 1993, the Commissioner shall first reserve from such
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1 excess, to provide training and technical assistance

2 to eligible agencies, centers for independent living,

3 and Statewide Independent Living Councils for such

4 fiscal year, not less than 1.8 percent, and not more

5 than 2 percent, of the funds appropriated to carry

6 out this part for the fiscal year involved.

7 ‘‘(2) ALLOCATION.—From the funds reserved

8 under paragraph (1), the Commissioner shall make

9 grants to, and enter into contracts and other ar10 rangements with, entities who have experience in the

11 operation of centers for independent living to provide

12 such training and technical assistance with respect

13 to planning, developing, conducting, administering,

14 and evaluating centers for independent living.

15 ‘‘(3) FUNDING PRIORITIES.—The Commissioner

16 shall conduct a survey of Statewide Independent

17 Living Councils and centers for independent living

18 regarding training and technical assistance needs in

19 order to determine funding priorities for such

20 grants, contracts, and other arrangements.

21 ‘‘(4) REVIEW.—To be eligible to receive a grant

22 or enter into a contract or other arrangement under

23 this subsection, such an entity shall submit an appli24 cation to the Commissioner at such time, in such

25 manner, and containing a proposal to provide such
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•S 1579 IS

1 training and technical assistance, and containing

2 such additional information as the Commissioner

3 may require. The Commissioner shall provide for

4 peer review of grant applications by panels that in5 clude persons who are not government employees

6 and who have experience in the operation of centers

7 for independent living.

8 ‘‘(5) PROHIBITION ON COMBINED FUNDS.—No

9 funds reserved by the Commissioner under this sub10 section may be combined with funds appropriated

11 under any other Act or part of this Act if the pur12 pose of combining funds is to make a single discre13 tionary grant or a single discretionary payment, un14 less such funds appropriated under this chapter are

15 separately identified in such grant or payment and

16 are used for the purposes of this chapter.

17 ‘‘(c) IN GENERAL.—

18 ‘‘(1) STATES.—

19 ‘‘(A) POPULATION BASIS.—After the res20 ervation required by subsection (b) has been

21 made, and except as provided in subparagraphs

22 (B) and (C), from the remainder of the

23 amounts appropriated for each such fiscal year

24 to carry out this part, the Commissioner shall

25 make an allotment to each State whose State
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1 plan has been approved under section 706 of an

2 amount bearing the same ratio to such remain3 der as the population of the State bears to the

4 population of all States.

5 ‘‘(B) MAINTENANCE OF 1992 AMOUNTS.—

6 Subject to the availability of appropriations to

7 carry out this part, the amount of any allot8 ment made under subparagraph (A) to a State

9 for a fiscal year shall not be less than the

10 amount of financial assistance received by cen11 ters for independent living in the State for fis12 cal year 1992 under part B of this title, as in

13 effect on the day before the date of enactment

14 of the Rehabilitation Act Amendments of 1992.

15 ‘‘(C) MINIMUMS.—Subject to the availabil16 ity of appropriations to carry out this part and

17 except as provided in subparagraph (B), for a

18 fiscal year in which the amounts appropriated

19 to carry out this part exceed the amounts ap20 propriated for fiscal year 1992 to carry out part

21 B of this title, as in effect on the day before the

22 date of enactment of the Rehabilitation Act

23 Amendments of 1992—

24 ‘‘(i) if such excess is not less than

25 $8,000,000, the allotment to any State
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1 under subparagraph (A) shall be not less

2 than $450,000 or one-third of one percent

3 of the sums made available for the fiscal

4 year for which the allotment is made,

5 whichever is greater, and the allotment of

6 any State under this section for any fiscal

7 year that is less than $450,000 or one8 third of one percent of such sums shall be

9 increased to the greater of the two

10 amounts;

11 ‘‘(ii) if such excess is not less than

12 $4,000,000 and is less than $8,000,000,

13 the allotment to any State under subpara14 graph (A) shall be not less than $400,000

15 or one-third of one percent of the sums

16 made available for the fiscal year for which

17 the allotment is made, whichever is great18 er, and the allotment of any State under

19 this section for any fiscal year that is less

20 than $400,000 or one-third of one percent

21 of such sums shall be increased to the

22 greater of the two amounts; and

23 ‘‘(iii) if such excess is less than

24 $4,000,000, the allotment to any State

25 under subparagraph (A) shall approach, as
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•S 1579 IS

1 nearly as possible, the greater of the two

2 amounts described in clause (ii).

3 ‘‘(2) CERTAIN TERRITORIES.—

4 ‘‘(A) IN GENERAL.—For the purposes of

5 paragraph (1)(C), Guam, American Samoa, the

6 United States Virgin Islands, and the Common7 wealth of the Northern Mariana Islands shall

8 not be considered to be States.

9 ‘‘(B) ALLOTMENT.—Each jurisdiction de10 scribed in subparagraph (A) shall be allotted

11 under paragraph (1)(A) not less than one12 eighth of one percent of the remainder for the

13 fiscal year for which the allotment is made.

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

15 fiscal year, beginning in fiscal year 1999, in which

16 the total amount appropriated to carry out this part

17 exceeds the total amount appropriated to carry out

18 this part for the preceding fiscal year, the Commis19 sioner shall increase the minimum allotment under

20 paragraph (1)(C) by a percentage that shall not ex21 ceed the percentage increase in the total amount ap22 propriated to carry out this part between the preced23 ing fiscal year and the fiscal year involved.

24 ‘‘(4) PROPORTIONAL REDUCTION.—To provide

25 allotments to States in accordance with paragraph
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1 (1)(B), to provide minimum allotments to States (as

2 increased under paragraph (3)) under paragraph

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

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

5 proportionately reduce the allotments of the remain6 ing States under paragraph (1)(A), with such ad7 justments as may be necessary to prevent the allot8 ment of any such remaining State from being re9 duced to less than the amount required by para10 graph (1)(B).

11 ‘‘(d) REALLOTMENT.—Whenever the Commissioner

12 determines that any amount of an allotment to a State

13 for any fiscal year will not be expended by such State for

14 carrying out the provisions of this part, the Commissioner

15 shall make such amount available for carrying out the pro16 visions of this part to one or more of the States that the

17 Commissioner determines will be able to use additional

18 amounts during such year for carrying out such provi19 sions. Any amount made available to a State for any fiscal

20 year pursuant to the preceding sentence shall, for the pur21 poses of this section, be regarded as an increase in the

22 allotment of the State (as determined under the preceding

23 provisions of this section) for such year.
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1 ‘‘SEC. 722. GRANTS TO CENTERS FOR INDEPENDENT LIV2 ING IN STATES IN WHICH FEDERAL FUNDING

3 EXCEEDS STATE FUNDING.

4 ‘‘(a) ESTABLISHMENT.—

5 ‘‘(1) IN GENERAL.—Unless the director of a

6 designated State unit awards grants under section

7 723 to eligible agencies in a State for a fiscal year,

8 the Commissioner shall award grants under this sec9 tion to such eligible agencies for such fiscal year

10 from the amount of funds allotted to the State

11 under subsection (c) or (d) of section 721 for such

12 year.

13 ‘‘(2) GRANTS.—The Commissioner shall award

14 such grants, from the amount of funds so allotted,

15 to such eligible agencies for the planning, conduct,

16 administration, and evaluation of centers for inde17 pendent living that comply with the standards and

18 assurances set forth in section 725.

19 ‘‘(b) ELIGIBLE AGENCIES.—In any State in which

20 the Commissioner has approved the State plan required

21 by section 704, the Commissioner may make a grant

22 under this section to any eligible agency that—

23 ‘‘(1) has the power and authority to carry out

24 the purpose of this part and perform the functions

25 set forth in section 725 within a community and to

26 receive and administer funds under this part, funds
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1 and contributions from private or public sources that

2 may be used in support of a center for independent

3 living, and funds from other public and private pro4 grams;

5 ‘‘(2) is determined by the Commissioner to be

6 able to plan, conduct, administer, and evaluate a

7 center for independent living consistent with the

8 standards and assurances set forth in section 725;

9 and

10 ‘‘(3) submits an application to the Commis11 sioner at such time, in such manner, and containing

12 such information as the Commissioner may require.

13 ‘‘(c) EXISTING ELIGIBLE AGENCIES.—In the admin14 istration of the provisions of this section, the Commis15 sioner shall award grants to any eligible agency that has

16 been awarded a grant under this part by September 30,

17 1997 unless the Commissioner makes a finding that the

18 agency involved fails to meet program and fiscal standards

19 and assurances set forth in section 725.

20 ‘‘(d) NEW CENTERS FOR INDEPENDENT LIVING.—

21 ‘‘(1) IN GENERAL.—If there is no center for

22 independent living serving a region of the State or

23 a region is underserved, and the increase in the al24 lotment of the State is sufficient to support an addi25 tional center for independent living in the State, the
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•S 1579 IS

1 Commissioner may award a grant under this section

2 to the most qualified applicant proposing to serve

3 such region, consistent with the provisions in the

4 State plan setting forth the design of the State for

5 establishing a statewide network of centers for inde6 pendent living.

7 ‘‘(2) SELECTION.—In selecting from among ap8 plicants for a grant under this section for a new cen9 ter for independent living, the Commissioner—

10 ‘‘(A) shall consider comments regarding

11 the application, if any, by the Statewide Inde12 pendent Living Council in the State in which

13 the applicant is located;

14 ‘‘(B) shall consider the ability of each such

15 applicant to operate a center for independent

16 living based on—

17 ‘‘(i) evidence of the need for such a

18 center;

19 ‘‘(ii) any past performance of such ap20 plicant in providing services comparable to

21 independent living services;

22 ‘‘(iii) the plan for satisfying or dem23 onstrated success in satisfying the stand24 ards and the assurances set forth in sec25 tion 725;
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•S 1579 IS

1 ‘‘(iv) the quality of key personnel and

2 the involvement of individuals with signifi3 cant disabilities;

4 ‘‘(v) budgets and cost-effectiveness;

5 ‘‘(vi) an evaluation plan; and

6 ‘‘(vii) the ability of such applicant to

7 carry out the plans; and

8 ‘‘(C) shall give priority to applications

9 from applicants proposing to serve geographic

10 areas within each State that are currently

11 unserved or underserved by independent living

12 programs, consistent with the provisions of the

13 State plan submitted under section 704 regard14 ing establishment of a statewide network of

15 centers for independent living.

16 ‘‘(3) CURRENT CENTERS.—Notwithstanding

17 paragraphs (1) and (2), a center for independent liv18 ing that receives assistance under part B for a fiscal

19 year shall be eligible for a grant for the subsequent

20 fiscal year under this subsection.

21 ‘‘(e) ORDER OF PRIORITIES.—The Commissioner

22 shall be guided by the following order of priorities in allo23 cating funds among centers for independent living within

24 a State, to the extent funds are available:
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•S 1579 IS

1 ‘‘(1) The Commissioner shall support existing

2 centers for independent living, as described in sub3 section (c), that comply with the standards and as4 surances set forth in section 725, at the level of

5 funding for the previous year.

6 ‘‘(2) The Commissioner shall provide for a cost7 of-living increase for such existing centers for inde8 pendent living.

9 ‘‘(3) The Commissioner shall fund new centers

10 for independent living, as described in subsection

11 (d), that comply with the standards and assurances

12 set forth in section 725.

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

14 provides or manages residential housing after October 1,

15 1994, shall not be considered to be an eligible agency

16 under this section.

17 ‘‘(g) REVIEW.—

18 ‘‘(1) IN GENERAL.—The Commissioner shall

19 periodically review each center receiving funds under

20 this section to determine whether such center is in

21 compliance with the standards and assurances set

22 forth in section 725. If the Commissioner determines

23 that any center receiving funds under this section is

24 not in compliance with the standards and assurances

25 set forth in section 725, the Commissioner shall im-
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•S 1579 IS

1 mediately notify such center that it is out of compli2 ance.

3 ‘‘(2) ENFORCEMENT.—The Commissioner shall

4 terminate all funds under this section to such center

5 90 days after the date of such notification unless the

6 center submits a plan to achieve compliance within

7 90 days of such notification and such plan is ap8 proved by the Commissioner.

9 ‘‘SEC. 723. GRANTS TO CENTERS FOR INDEPENDENT LIV10 ING IN STATES IN WHICH STATE FUNDING

11 EQUALS OR EXCEEDS FEDERAL FUNDING.

12 ‘‘(a) ESTABLISHMENT.—

13 ‘‘(1) IN GENERAL.—

14 ‘‘(A) INITIAL YEAR.—

15 ‘‘(i) DETERMINATION.—The director

16 of a designated State unit, as provided in

17 paragraph (2), or the Commissioner, as

18 provided in paragraph (3), shall award

19 grants under this section for an initial fis20 cal year if the Commissioner determines

21 that the amount of State funds that were

22 earmarked by a State for a preceding fiscal

23 year to support the general operation of

24 centers for independent living meeting the

25 requirements of this part equaled or ex-
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•S 1579 IS

1 ceeded the amount of funds allotted to the

2 State under subsection (c) or (d) of section

3 721 for such year.

4 ‘‘(ii) GRANTS.—The director or the

5 Commissioner, as appropriate, shall award

6 such grants, from the amount of funds so

7 allotted for the initial fiscal year, to eligible

8 agencies in the State for the planning, con9 duct, administration, and evaluation of

10 centers for independent living that comply

11 with the standards and assurances set

12 forth in section 725.

13 ‘‘(iii) REGULATION.—The Commis14 sioner shall by regulation specify the pre15 ceding fiscal year with respect to which the

16 Commissioner will make the determina17 tions described in clause (i) and subpara18 graph (B), making such adjustments as

19 may be necessary to accommodate State

20 funding cycles such as 2-year funding cy21 cles or State fiscal years that do not coin22 cide with the Federal fiscal year.

23 ‘‘(B) SUBSEQUENT YEARS.—For each year

24 subsequent to the initial fiscal year described in

25 subparagraph (A), the director of the des-
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1 ignated State unit shall continue to have the

2 authority to award such grants under this sec3 tion if the Commissioner determines that the

4 State continues to earmark the amount of State

5 funds described in subparagraph (A)(i). If the

6 State does not continue to earmark such an

7 amount for a fiscal year, the State shall be in8 eligible to make grants under this section after

9 a final year following such fiscal year, as de10 fined in accordance with regulations established

11 by the Commissioner, and for each subsequent

12 fiscal year.

13 ‘‘(2) GRANTS BY DESIGNATED STATE UNITS.—

14 In order for the designated State unit to be eligible

15 to award the grants described in paragraph (1) and

16 carry out this section for a fiscal year with respect

17 to a State, the designated State agency shall submit

18 an application to the Commissioner at such time,

19 and in such manner as the Commissioner may re20 quire, including information about the amount of

21 State funds described in paragraph (1) for the pre22 ceding fiscal year. If the Commissioner makes a de23 termination described in subparagraph (A)(i) or (B),

24 as appropriate, of paragraph (1), the Commissioner

25 shall approve the application and designate the di-
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1 rector of the designated State unit to award the

2 grant and carry out this section.

3 ‘‘(3) GRANTS BY COMMISSIONER.—If the des4 ignated State agency of a State described in para5 graph (1) does not submit and obtain approval of an

6 application under paragraph (2), the Commissioner

7 shall award the grant described in paragraph (1) to

8 eligible agencies in the State in accordance with sec9 tion 722.

10 ‘‘(b) ELIGIBLE AGENCIES.—In any State in which

11 the Commissioner has approved the State plan required

12 by section 704, the director of the designated State unit

13 may award a grant under this section to any eligible agen14 cy that—

15 ‘‘(1) has the power and authority to carry out

16 the purpose of this part and perform the functions

17 set forth in section 725 within a community and to

18 receive and administer funds under this part, funds

19 and contributions from private or public sources that

20 may be used in support of a center for independent

21 living, and funds from other public and private pro22 grams;

23 ‘‘(2) is determined by the director to be able to

24 plan, conduct, administer, and evaluate a center for
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•S 1579 IS

1 independent living, consistent with the standards

2 and assurances set forth in section 725; and

3 ‘‘(3) submits an application to the director at

4 such time, in such manner, and containing such in5 formation as the head of the designated State unit

6 may require.

7 ‘‘(c) EXISTING ELIGIBLE AGENCIES.—In the admin8 istration of the provisions of this section, the director of

9 the designated State unit shall award grants under this

10 section to any eligible agency that has been awarded a

11 grant under this part by September 30, 1997, unless the

12 director makes a finding that the agency involved fails to

13 comply with the standards and assurances set forth in sec14 tion 725.

15 ‘‘(d) NEW CENTERS FOR INDEPENDENT LIVING.—

16 ‘‘(1) IN GENERAL.—If there is no center for

17 independent living serving a region of the State or

18 the region is unserved or underserved, and the in19 crease in the allotment of the State is sufficient to

20 support an additional center for independent living

21 in the State, the director of the designated State

22 unit may award a grant under this section from

23 among eligible agencies, consistent with the provi24 sions of the State plan under section 704 setting
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•S 1579 IS

1 forth the design of the State for establishing a state2 wide network of centers for independent living.

3 ‘‘(2) SELECTION.—In selecting from among eli4 gible agencies in awarding a grant under this part

5 for a new center for independent living—

6 ‘‘(A) the director of the designated State

7 unit and the chairperson of, or other individual

8 designated by, the Statewide Independent Liv9 ing Council acting on behalf of and at the direc10 tion of the Council, shall jointly appoint a peer

11 review committee that shall rank applications in

12 accordance with the standards and assurances

13 set forth in section 725 and criteria jointly es14 tablished by such director and such chairperson

15 or individual;

16 ‘‘(B) the peer review committee shall con17 sider the ability of each such applicant to oper18 ate a center for independent living, and shall

19 recommend an applicant to receive a grant

20 under this section, based on—

21 ‘‘(i) evidence of the need for a center

22 for independent living, consistent with the

23 State plan;
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•S 1579 IS

1 ‘‘(ii) any past performance of such ap2 plicant in providing services comparable to

3 independent living services;

4 ‘‘(iii) the plan for complying with, or

5 demonstrated success in complying with,

6 the standards and the assurances set forth

7 in section 725;

8 ‘‘(iv) the quality of key personnel of

9 the applicant and the involvement of indi10 viduals with significant disabilities by the

11 applicant;

12 ‘‘(v) the budgets and cost-effectiveness

13 of the applicant;

14 ‘‘(vi) the evaluation plan of the appli15 cant; and

16 ‘‘(vii) the ability of such applicant to

17 carry out the plans; and

18 ‘‘(C) the director of the designated State

19 unit shall award the grant on the basis of the

20 recommendations of the peer review committee

21 if the actions of the committee are consistent

22 with Federal and State law.

23 ‘‘(3) CURRENT CENTERS.—Notwithstanding

24 paragraphs (1) and (2), a center for independent liv25 ing that receives assistance under part B for a fiscal
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1 year shall be eligible for a grant for the subsequent

2 fiscal year under this subsection.

3 ‘‘(e) ORDER OF PRIORITIES.—Unless the director of

4 the designated State unit and the chairperson of the Coun5 cil or other individual designated by the Council acting

6 on behalf of and at the direction of the Council jointly

7 agree on another order of priority, the director shall be

8 guided by the following order of priorities in allocating

9 funds among centers for independent living within a State,

10 to the extent funds are available:

11 ‘‘(1) The director of the designated State unit

12 shall support existing centers for independent living,

13 as described in subsection (c), that comply with the

14 standards and assurances set forth in section 725,

15 at the level of funding for the previous year.

16 ‘‘(2) The director of the designated State unit

17 shall provide for a cost-of-living increase for such ex18 isting centers for independent living.

19 ‘‘(3) The director of the designated State unit

20 shall fund new centers for independent living, as de21 scribed in subsection (d), that comply with the

22 standards and assurances set forth in section 725.

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

24 provides or manages residential housing after October 1,
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1 1994, shall not be considered to be an eligible agency

2 under this section.

3 ‘‘(g) REVIEW.—

4 ‘‘(1) IN GENERAL.—The director of the des5 ignated State unit shall periodically review each cen6 ter receiving funds under this section to determine

7 whether such center is in compliance with the stand8 ards and assurances set forth in section 725. If the

9 director of the designated State unit determines that

10 any center receiving funds under this section is not

11 in compliance with the standards and assurances set

12 forth in section 725, the director of the designated

13 State unit shall immediately notify such center that

14 it is out of compliance.

15 ‘‘(2) ENFORCEMENT.—The director of the des16 ignated State unit shall terminate all funds under

17 this section to such center 90 days after—

18 ‘‘(A) the date of such notification; or

19 ‘‘(B) in the case of a center that requests

20 an appeal under subsection (i), the date of any

21 final decision under subsection (i),

22 unless the center submits a plan to achieve compli23 ance within 90 days and such plan is approved by

24 the director, or if appealed, by the Commissioner.
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1 ‘‘(h) ON-SITE COMPLIANCE REVIEW.—The director

2 of the designated State unit shall annually conduct onsite

3 compliance reviews of at least 15 percent of the centers

4 for independent living that receive funding under this sec5 tion in the State. Each team that conducts on-site compli6 ance review of centers for independent living shall include

7 at least one person who is not an employee of the des8 ignated State agency, who has experience in the operation

9 of centers for independent living, and who is jointly se10 lected by the director of the designated State unit and the

11 chairperson of or other individual designated by the Coun12 cil acting on behalf of and at the direction of the Council.

13 A copy of this review shall be provided to the Commis14 sioner.

15 ‘‘(i) ADVERSE ACTIONS.—If the director of the des16 ignated State unit proposes to take a significant adverse

17 action against a center for independent living, the center

18 may seek mediation and conciliation to be provided by an

19 individual or individuals who are free of conflicts of inter20 est identified by the chairperson of or other individual des21 ignated by the Council. If the issue is not resolved through

22 the mediation and conciliation, the center may appeal the

23 proposed adverse action to the Commissioner for a final

24 decision.
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1 ‘‘SEC. 724. CENTERS OPERATED BY STATE AGENCIES.

2 ‘‘A State that receives assistance for fiscal year 1993

3 with respect to a center in accordance with subsection (a)

4 of this section (as in effect on the day before the date

5 of enactment of the Rehabilitation Act Amendments of

6 1998) may continue to receive assistance under this part

7 for fiscal year 1994 or a succeeding fiscal year if, for such

8 fiscal year—

9 ‘‘(1) no nonprofit private agency—

10 ‘‘(A) submits an acceptable application to

11 operate a center for independent living for the

12 fiscal year before a date specified by the Com13 missioner; and

14 ‘‘(B) obtains approval of the application

15 under section 722 or 723; or

16 ‘‘(2) after funding all applications so submitted

17 and approved, the Commissioner determines that

18 funds remain available to provide such assistance.

19 ‘‘SEC. 725. STANDARDS AND ASSURANCES FOR CENTERS

20 FOR INDEPENDENT LIVING.

21 ‘‘(a) IN GENERAL.—Each center for independent liv22 ing that receives assistance under this part shall comply

23 with the standards set out in subsection (b) and provide

24 and comply with the assurances set out in subsection (c)

25 in order to ensure that all programs and activities under

26 this part are planned, conducted, administered, and evalu-
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1 ated in a manner consistent with the purposes of this

2 chapter and the objective of providing assistance effec3 tively and efficiently.

4 ‘‘(b) STANDARDS.—

5 ‘‘(1) PHILOSOPHY.—The center shall promote

6 and practice the independent living philosophy of—

7 ‘‘(A) consumer control of the center re8 garding decisionmaking, service delivery, man9 agement, and establishment of the policy and

10 direction of the center;

11 ‘‘(B) self-help and self-advocacy;

12 ‘‘(C) development of peer relationships and

13 peer role models; and

14 ‘‘(D) equal access of individuals with sig15 nificant disabilities to society and to all serv16 ices, programs, activities, resources, and facili17 ties, whether public or private and regardless of

18 the funding source.

19 ‘‘(2) PROVISION OF SERVICES.—The center

20 shall provide services to individuals with a range of

21 significant disabilities. The center shall provide serv22 ices on a cross-disability basis (for individuals with

23 all different types of significant disabilities, includ24 ing individuals with significant disabilities who are

25 members of populations that are unserved or under-
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1 served by programs under this title). Eligibility for

2 services at any center for independent living shall be

3 determined by the center, and shall not be based on

4 the presence of any one or more specific significant

5 disabilities.

6 ‘‘(3) INDEPENDENT LIVING GOALS.—The center

7 shall facilitate the development and achievement of

8 independent living goals selected by individuals with

9 significant disabilities who seek such assistance by

10 the center.

11 ‘‘(4) COMMUNITY OPTIONS.—The center shall

12 work to increase the availability and improve the

13 quality of community options for independent living

14 in order to facilitate the development and achieve15 ment of independent living goals by individuals with

16 significant disabilities.

17 ‘‘(5) INDEPENDENT LIVING CORE SERVICES.—

18 The center shall provide independent living core

19 services and, as appropriate, a combination of any

20 other independent living services.

21 ‘‘(6) ACTIVITIES TO INCREASE COMMUNITY CA22 PACITY.—The center shall conduct activities to in23 crease the capacity of communities within the service

24 area of the center to meet the needs of individuals

25 with significant disabilities.
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1 ‘‘(7) RESOURCE DEVELOPMENT ACTIVITIES.—

2 The center shall conduct resource development ac3 tivities to obtain funding from sources other than

4 this chapter.

5 ‘‘(c) ASSURANCES.—The eligible agency shall provide

6 at such time and in such manner as the Commissioner

7 may require, such satisfactory assurances as the Commis8 sioner may require, including satisfactory assurances

9 that—

10 ‘‘(1) the applicant is an eligible agency;

11 ‘‘(2) the center will be designed and operated

12 within local communities by individuals with disabil13 ities, including an assurance that the center will

14 have a Board that is the principal governing body of

15 the center and a majority of which shall be com16 posed of individuals with significant disabilities;

17 ‘‘(3) the applicant will comply with the stand18 ards set forth in subsection (b);

19 ‘‘(4) the applicant will establish clear priorities

20 through annual and 3-year program and financial

21 planning objectives for the center, including overall

22 goals or a mission for the center, a work plan for

23 achieving the goals or mission, specific objectives,

24 service priorities, and types of services to be pro25 vided, and a description that shall demonstrate how
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1 the proposed activities of the applicant are consist2 ent with the most recent 3-year State plan under

3 section 704;

4 ‘‘(5) the applicant will use sound organizational

5 and personnel assignment practices, including taking

6 affirmative action to employ and advance in employ7 ment qualified individuals with significant disabil8 ities on the same terms and conditions required with

9 respect to the employment of individuals with dis10 abilities under section 503;

11 ‘‘(6) the applicant will ensure that the majority

12 of the staff, and individuals in decisionmaking posi13 tions, of the applicant are individuals with disabil14 ities;

15 ‘‘(7) the applicant will practice sound fiscal

16 management, including making arrangements for an

17 annual independent fiscal audit, notwithstanding

18 section 7502(a)(2)(A) of title 31, United States

19 Code;

20 ‘‘(8) the applicant will conduct annual self-eval21 uations, prepare an annual report, and maintain

22 records adequate to measure performance with re23 spect to the standards, containing information re24 garding, at a minimum—
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1 ‘‘(A) the extent to which the center is in

2 compliance with the standards;

3 ‘‘(B) the number and types of individuals

4 with significant disabilities receiving services

5 through the center;

6 ‘‘(C) the types of services provided through

7 the center and the number of individuals with

8 significant disabilities receiving each type of

9 service;

10 ‘‘(D) the sources and amounts of funding

11 for the operation of the center;

12 ‘‘(E) the number of individuals with sig13 nificant disabilities who are employed by, and

14 the number who are in management and deci15 sionmaking positions in, the center; and

16 ‘‘(F) a comparison, when appropriate, of

17 the activities of the center in prior years with

18 the activities of the center in the most recent

19 year;

20 ‘‘(9) individuals with significant disabilities who

21 are seeking or receiving services at the center will be

22 notified by the center of the existence of, the avail23 ability of, and how to contact, the client assistance

24 program;
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1 ‘‘(10) aggressive outreach regarding services

2 provided through the center will be conducted in an

3 effort to reach populations of individuals with sig4 nificant disabilities that are unserved or underserved

5 by programs under this title, especially minority

6 groups and urban and rural populations;

7 ‘‘(11) staff at centers for independent living will

8 receive training on how to serve such unserved and

9 underserved populations, including minority groups

10 and urban and rural populations;

11 ‘‘(12) the center will submit to the Statewide

12 Independent Living Council a copy of its approved

13 grant application and the annual report required

14 under paragraph (8);

15 ‘‘(13) the center will prepare and submit a re16 port to the designated State unit or the Commis17 sioner, as the case may be, at the end of each fiscal

18 year that contains the information described in para19 graph (8) and information regarding the extent to

20 which the center is in compliance with the standards

21 set forth in subsection (b); and

22 ‘‘(14) an independent living plan described in

23 section 704(e) will be developed unless the individual

24 who would receive services under the plan signs a

25 waiver stating that such a plan is unnecessary.
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1 ‘‘SEC. 726. DEFINITIONS.

2 ‘‘As used in this part, the term ‘eligible agency’

3 means a consumer-controlled, community-based, cross-dis4 ability, nonresidential private nonprofit agency.

5 ‘‘SEC. 727. AUTHORIZATION OF APPROPRIATIONS.

6 ‘‘There are authorized to be appropriated to carry out

7 this part such sums as may be necessary for each of the

8 fiscal years 1998 through 2004.

9 ‘‘CHAPTER 2—INDEPENDENT LIVING

10 SERVICES FOR OLDER INDIVIDUALS

11 WHO ARE BLIND

12 ‘‘SEC. 751. DEFINITION.

13 ‘‘For purposes of this chapter, the term ‘older indi14 vidual who is blind’ means an individual age 55 or older

15 whose significant visual impairment makes competitive

16 employment extremely difficult to attain but for whom

17 independent living goals are feasible.

18 ‘‘SEC. 752. PROGRAM OF GRANTS.

19 ‘‘(a) IN GENERAL.—

20 ‘‘(1) AUTHORITY FOR GRANTS.—Subject to sub21 sections (b) and (c), the Commissioner may make

22 grants to States for the purpose of providing the

23 services described in subsection (d) to older individ24 uals who are blind.

25 ‘‘(2) DESIGNATED STATE AGENCY.—The Com26 missioner may not make a grant under subsection
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•S 1579 IS

1 (a) unless the State involved agrees that the grant

2 will be administered solely by the agency described

3 in section 101(a)(2)(A)(i).

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.

18 ‘‘(c) CONTINGENT FORMULA GRANTS.—

19 ‘‘(1) IN GENERAL.—In the case of any fiscal

20 year for which the amount appropriated under sec21 tion 753 is equal to or greater than $13,000,000,

22 grants under subsection (a) shall be made only to

23 States and shall be made only from allotments under

24 paragraph (2).
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1 ‘‘(2) ALLOTMENTS.—For grants under sub2 section (a) for a fiscal year described in paragraph

3 (1), the Commissioner shall make an allotment to

4 each State in an amount determined in accordance

5 with subsection (j), and shall make a grant to the

6 State of the allotment made for the State if the

7 State submits to the Commissioner an application in

8 accordance with subsection (i).

9 ‘‘(d) SERVICES GENERALLY.—The Commissioner

10 may not make a grant under subsection (a) unless the

11 State involved agrees that the grant will be expended only

12 for purposes of—

13 ‘‘(1) providing independent living services to

14 older individuals who are blind;

15 ‘‘(2) conducting activities that will improve or

16 expand services for such individuals; and

17 ‘‘(3) conducting activities to help improve public

18 understanding of the problems of such individuals.

19 ‘‘(e) INDEPENDENT LIVING SERVICES.—Independent

20 living services for purposes of subsection (d)(1) include—

21 ‘‘(1) services to help correct blindness, such

22 as—

23 ‘‘(A) outreach services;

24 ‘‘(B) visual screening;
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•S 1579 IS

1 ‘‘(C) surgical or therapeutic treatment to

2 prevent, correct, or modify disabling eye condi3 tions; and

4 ‘‘(D) hospitalization related to such serv5 ices;

6 ‘‘(2) the provision of eyeglasses and other visual

7 aids;

8 ‘‘(3) the provision of services and equipment to

9 assist an older individual who is blind to become

10 more mobile and more self-sufficient;

11 ‘‘(4) mobility training, Braille instruction, and

12 other services and equipment to help an older indi13 vidual who is blind adjust to blindness;

14 ‘‘(5) guide services, reader services, and trans15 portation;

16 ‘‘(6) any other appropriate service designed to

17 assist an older individual who is blind in coping with

18 daily living activities, including supportive services

19 and rehabilitation teaching services;

20 ‘‘(7) independent living skills training, informa21 tion and referral services, peer counseling, and indi22 vidual advocacy training; and

23 ‘‘(8) other independent living services.

24 ‘‘(f) MATCHING FUNDS.—
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1 ‘‘(1) IN GENERAL.—The Commissioner may not

2 make a grant under subsection (a) unless the State

3 involved agrees, with respect to the costs of the pro4 gram to be carried out by the State pursuant to

5 such subsection, to make available (directly or

6 through donations from public or private entities)

7 non-Federal contributions toward such costs in an

8 amount that is not less than $1 for each $9 of Fed9 eral funds provided in the grant.

10 ‘‘(2) DETERMINATION OF AMOUNT CONTRIB11 UTED.—Non-Federal contributions required in para12 graph (1) may be in cash or in kind, fairly evalu13 ated, including plant, equipment, or services.

14 Amounts provided by the Federal Government, or

15 services assisted or subsidized to any significant ex16 tent by the Federal Government, may not be in17 cluded in determining the amount of such non-Fed18 eral contributions.

19 ‘‘(g) CERTAIN EXPENDITURES OF GRANTS.—A State

20 may expend a grant under subsection (a) to carry out the

21 purposes specified in subsection (d) through grants to

22 public and nonprofit private agencies or organizations.

23 ‘‘(h) REQUIREMENT REGARDING STATE PLAN.—The

24 Commissioner may not make a grant under subsection (a)

25 unless the State involved agrees that, in carrying out sub-
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1 section (d)(1), the State will seek to incorporate into the

2 State plan under section 704 any new methods and ap3 proaches relating to independent living services for older

4 individuals who are blind.

5 ‘‘(i) APPLICATION FOR GRANT.—

6 ‘‘(1) IN GENERAL.—The Commissioner may not

7 make a grant under subsection (a) unless an appli8 cation for the grant is submitted to the Commis9 sioner and the application is in such form, is made

10 in such manner, and contains such agreements, as11 surances, and information as the Commissioner de12 termines to be necessary to carry out this section

13 (including agreements, assurances, and information

14 with respect to any grants under subsection (j)(4)).

15 ‘‘(2) CONTENTS.—An application for a grant

16 under this section shall contain—

17 ‘‘(A) an assurance that the agency de18 scribed in subsection (a)(2) will prepare and

19 submit to the Commissioner a report, at the

20 end of each fiscal year, with respect to each

21 project or program the agency operates or ad22 ministers under this section, whether directly or

23 through a grant or contract, which report shall

24 contain, at a minimum, information on—
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1 ‘‘(i) the number and types of older in2 dividuals who are blind and are receiving

3 services;

4 ‘‘(ii) the types of services provided

5 and the number of older individuals who

6 are blind and are receiving each type of

7 service;

8 ‘‘(iii) the sources and amounts of

9 funding for the operation of each project

10 or program;

11 ‘‘(iv) the amounts and percentages of

12 resources committed to each type of service

13 provided;

14 ‘‘(v) data on actions taken to employ,

15 and advance in employment, qualified indi16 viduals with significant disabilities, includ17 ing older individuals who are blind; and

18 ‘‘(vi) a comparison, if appropriate, of

19 prior year activities with the activities of

20 the most recent year;

21 ‘‘(B) an assurance that the agency will—

22 ‘‘(i) provide services that contribute to

23 the maintenance of, or the increased inde24 pendence of, older individuals who are

25 blind; and
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1 ‘‘(ii) engage in—

2 ‘‘(I) capacity-building activities,

3 including collaboration with other

4 agencies and organizations;

5 ‘‘(II) activities to promote com6 munity awareness, involvement, and

7 assistance; and

8 ‘‘(III) outreach efforts; and

9 ‘‘(C) an assurance that the application is

10 consistent with the State plan for providing

11 independent living services required by section

12 704.

13 ‘‘(j) AMOUNT OF FORMULA GRANT.—

14 ‘‘(1) IN GENERAL.—Subject to the availability

15 of appropriations, the amount of an allotment under

16 subsection (a) for a State for a fiscal year shall be

17 the greater of—

18 ‘‘(A) the amount determined under para19 graph (2); or

20 ‘‘(B) the amount determined under para21 graph (3).

22 ‘‘(2) MINIMUM ALLOTMENT.—

23 ‘‘(A) STATES.—In the case of the several

24 States, the District of Columbia, and the Com25 monwealth of Puerto Rico, the amount referred
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•S 1579 IS

1 to in subparagraph (A) of paragraph (1) for a

2 fiscal year is the greater of—

3 ‘‘(i) $225,000; or

4 ‘‘(ii) an amount equal to one-third of

5 one percent of the amount appropriated

6 under section 753 for the fiscal year and

7 available for allotments under subsection

8 (a).

9 ‘‘(B) CERTAIN TERRITORIES.—In the case

10 of Guam, American Samoa, the United States

11 Virgin Islands, and the Commonwealth of the

12 Northern Mariana Islands, the amount referred

13 to in subparagraph (A) of paragraph (1) for a

14 fiscal year is $40,000.

15 ‘‘(3) FORMULA.—The amount referred to in

16 subparagraph (B) of paragraph (1) for a State for

17 a fiscal year is the product of—

18 ‘‘(A) the amount appropriated under sec19 tion 753 and available for allotments under

20 subsection (a); and

21 ‘‘(B) a percentage equal to the quotient

22 of—

23 ‘‘(i) an amount equal to the number

24 of individuals residing in the State who are

25 not less than 55 years of age; divided by
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•S 1579 IS

1 ‘‘(ii) an amount equal to the number

2 of individuals residing in the United States

3 who are not less than 55 years of age.

4 ‘‘(4) DISPOSITION OF CERTAIN AMOUNTS.—

5 ‘‘(A) GRANTS.—From the amounts speci6 fied in subparagraph (B), the Commissioner

7 may make grants to States whose population of

8 older individuals who are blind has a substan9 tial need for the services specified in subsection

10 (d) relative to the populations in other States of

11 older individuals who are blind.

12 ‘‘(B) AMOUNTS.—The amounts referred to

13 in subparagraph (A) are any amounts that are

14 not paid to States under subsection (a) as a re15 sult of—

16 ‘‘(i) the failure of any State to submit

17 an application under subsection (i);

18 ‘‘(ii) the failure of any State to pre19 pare within a reasonable period of time

20 such application in compliance with such

21 subsection; or

22 ‘‘(iii) any State informing the Com23 missioner that the State does not intend to

24 expend the full amount of the allotment

25 made for the State under subsection (a).
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1 ‘‘(C) CONDITIONS.—The Commissioner

2 may not make a grant under subparagraph (A)

3 unless the State involved agrees that the grant

4 is subject to the same conditions as grants

5 made under subsection (a).

6 ‘‘SEC. 753. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘There are authorized to be appropriated to carry out

8 this chapter such sums as may be necessary for each of

9 the fiscal years 1998 through 2004.’’.

10 SEC. 11. HELEN KELLER NATIONAL CENTER ACT.

11 (a) GENERAL AUTHORIZATION OF APPROPRIA12 TIONS.—The first sentence of section 205(a) of the Helen

13 Keller National Center Act (29 U.S.C. 1904(a)) is amend14 ed by striking ‘‘1993 through 1997’’ and inserting ‘‘1998

15 through 2000’’.

16 (b) HELEN KELLER NATIONAL CENTER FEDERAL

17 ENDOWMENT FUND.—The first sentence of section

18 208(h) of such Act (29 U.S.C. 1907(h)) is amended by

19 striking ‘‘1993 through 1997’’ and inserting ‘‘1998

20 through 2000’’.

21 (c) REGISTRY.—Such Act (29 U.S.C. 1901 et seq.)

22 is amended by adding at the end the following:
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1 ‘‘SEC. 209. NATIONAL REGISTRY AND AUTHORIZATION OF

2 APPROPRIATIONS.

3 ‘‘(a) The Center shall establish and maintain a na4 tional registry of individuals who are deaf-blind, using

5 funds made available under subsection (b).

6 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated to carry out subsection

8 (a) such sums as may be necessary for each of fiscal years

9 1998 through 2000.’’.

10 SEC. 12. PRESIDENT’S COMMITTEE ON NATIONAL EMPLOY

11 THE PHYSICALLY HANDICAPPED WEEK.

12 Section 2(2) of the Joint Resolution entitled ‘‘Joint

13 Resolution authorizing an appropriation for the work of

14 the President’s Committee on National Employ the Phys15 ically Handicapped Week’’, approved July 11, 1949 (36

16 U.S.C. 155b(2)) is amended by inserting ‘‘solicit,’’ before

17 ‘‘accept,’’.

18 SEC. 13. PEER REVIEW.

19 Part B of title IV of the Department of Education

20 Organization Act (20 U.S.C. 3471 et seq.) is amended by

21 inserting before section 427 the following:

22 ‘‘SEC. 426A. PEER REVIEW.

23 ‘‘The Federal Advisory Committee Act (5 U.S.C.

24 App.) shall not apply to peer review panels established by

25 the Secretary to evaluate applications for financial assist26 ance awarded on a competitive basis.’’.
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1 SEC. 14. CONFORMING AMENDMENTS.

2 (a) PREPARATION.—After consultation with the ap3 propriate committees of Congress and the Director of the

4 Office of Management and Budget, the Secretary of Edu5 cation shall prepare recommended legislation containing

6 technical and conforming amendments to reflect the

7 changes made by this Act.

8 (b) SUBMISSION TO CONGRESS.—Not later than 6

9 months after the date of enactment of this Act, the Sec10 retary of Education shall submit to Congress the rec11 ommended legislation referred to under subsection (a).

Æ