Calendar No. 318

105TH CONGRESS

2D SESSION S. 1579

[Report No. 105–166]

A BILL

To amend the Rehabilitation Act of 1973 to extend

and for other purposes.the authorizations of appropriations for such Act,

MARCH 2, 1998

Reported with amendments
II

Calendar No. 318

105TH CONGRESS

2D SESSION S. 1579

[Report No. 105–166]

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

MARCH 2, 1998

Reported by Mr. JEFFORDS, with amendments

[Omit the part struck through and insert the part printed in italic]

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,
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1 SECTION 1. SHORT TITLE.

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

3 Amendments of 1998’’.

4 SEC. 2. TITLE.

5 The title of the Rehabilitation Act of 1973 is amend6 ed by striking ‘‘to establish special responsibilities’’ and

7 all that follows and inserting the following: ‘‘to create link8 age between State vocational rehabilitation programs and

9 workforce investment activities carried out under the

10 Workforce Investment Partnership Act of 1998, to estab11 lish special responsibilities for the Secretary of Education

12 for coordination of all activities with respect to individuals

13 with disabilities within and across programs administered

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

15 SEC. 3. GENERAL PROVISIONS.

16 The Rehabilitation Act of 1973 is amended by strik17 ing the matter preceding title I and inserting the follow18 ing:

19 ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

20 ‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Re21 habilitation Act of 1973’.

22 ‘‘(b) TABLE OF CONTENTS.—The table of contents for

23 this Act is as follows:

‘‘Sec. 1. Short title; table of contents.

‘‘Sec. 2. Findings; purpose; policy.

‘‘Sec. 3. Rehabilitation Services Administration.

‘‘Sec. 4. Advance funding.

‘‘Sec. 5. Joint funding.
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‘‘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.

‘‘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
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‘‘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.

‘‘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 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 THE

MOST 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.
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‘‘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.

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

2 experience and in no way diminishes the right of in3 dividuals to—

4 ‘‘(A) live independently;

5 ‘‘(B) enjoy self-determination;

6 ‘‘(C) make choices;

7 ‘‘(D) contribute to society;

8 ‘‘(E) pursue meaningful careers; and

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

10 the economic, political, social, cultural, and edu11 cational mainstream of American society;

12 ‘‘(4) increased employment of individuals with

13 disabilities can be achieved through implementation

14 of statewide activities carried out under the Work15 force Investment Partnership Act of 1998 that pro16 vide meaningful and effective participation for indi17 viduals with disabilities in workforce investment ac18 tivities and activities carried out under the voca19 tional rehabilitation program established under title

20 I, and through the provision of independent living

21 services, support services, and meaningful opportuni22 ties for employment in integrated work settings

23 through the provision of reasonable accommodations;

24 ‘‘(5) individuals with disabilities continually en25 counter various forms of discrimination in such criti-
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1 cal areas as employment, housing, public accom2 modations, education, transportation, communica3 tion, recreation, institutionalization, health services,

4 voting, and public services; and

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

6 the goal of providing individuals with disabilities

7 with the tools necessary to—

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

9 and

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

11 inclusion and integration in society, employ12 ment, independent living, and economic and so13 cial self-sufficiency, for such individuals.

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

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

16 maximize employment, economic self-sufficiency,

17 independence, and inclusion and integration into so18 ciety, through—

19 ‘‘(A) statewide activities carried out in ac20 cordance with the Workforce Investment Part21 nership Act of 1998 that include, as integral

22 components, comprehensive and coordinated

23 state-of-the-art programs of vocational rehabili24 tation;
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1 ‘‘(B) independent living centers and serv2 ices;

3 ‘‘(C) research;

4 ‘‘(D) training;

5 ‘‘(E) demonstration projects; and

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

7 and

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

9 plays a leadership role in promoting the employment

10 of individuals with disabilities, especially individuals

11 with significant disabilities, and in assisting States

12 and providers of services in fulfilling the aspirations

13 of such individuals with disabilities for meaningful

14 and gainful employment and independent living.

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

16 that all programs, projects, and activities receiving assist17 ance under this Act shall be carried out in a manner con18 sistent with the principles of—

19 ‘‘(1) respect for individual dignity, personal re20 sponsibility, self-determination, and pursuit of mean21 ingful careers, based on informed choice, of individ22 uals with disabilities;

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

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

25 the individuals;
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1 ‘‘(3) inclusion, integration, and full participa2 tion of the individuals;

3 ‘‘(4) support for the involvement of an individ4 ual’s representative if an individual with a disability

5 requests, desires, or needs such support; and

6 ‘‘(5) support for individual and systemic advo7 cacy and community involvement.

8 ‘‘REHABILITATION SERVICES ADMINISTRATION

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

10 Secretary a Rehabilitation Services Administration which

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

12 referred to as the ‘Commissioner’) appointed by the Presi13 dent by and with the advice and consent of the Senate.

14 Except for titles IV and V and part A of title VI and as

15 otherwise specifically provided in this Act, such Adminis16 tration shall be the principal agency, and the Commis17 sioner shall be the principal officer, of such Department

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

19 individual with substantial experience in rehabilitation and

20 in rehabilitation program management. In the perform21 ance of the functions of the office, the Commissioner shall

22 be directly responsible to the Secretary or to the Under

23 Secretary or an appropriate Assistant Secretary of such

24 Department, as designated by the Secretary. The func25 tions of the Commissioner shall not be delegated to any

26 officer not directly responsible, both with respect to pro-
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1 gram operation and administration, to the Commissioner.

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

3 the Commissioner shall be considered to be a reference

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

5 the Commissioner. In carrying out any of the functions

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

7 guided by general policies of the National Council on Dis8 ability established under title IV of this Act.

9 ‘‘(b) The Secretary shall take whatever action is nec10 essary to insure ensure that funds appropriated pursuant

11 to this Act, as well as unexpended appropriations for car12 rying out the Vocational Rehabilitation Act (29 U.S.C.

13 31–42), are expended only for the programs, personnel,

14 and administration of programs carried out under this

15 Act.

16 ‘‘(c) The Secretary shall take such action as nec17 essary to ensure that—

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

19 Administration shall be in sufficient numbers to

20 meet program needs and at levels which will attract

21 and maintain the most qualified personnel; and

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

23 training and experience in the provision of rehabili24 tation services and that staff competencies meet pro25 fessional standards.
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1 ‘‘ADVANCE FUNDING

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

3 notice of funding available under this Act, appropriations

4 under this Act are authorized to be included in the appro5 priation Act for the fiscal year preceding the fiscal year

6 for which they are available for obligation.

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

8 funding method of timing appropriation action, the au9 thority provided by subsection (a) of this section shall

10 apply notwithstanding that its initial application will re11 sult in the enactment in the same year (whether in the

12 same appropriation Act or otherwise) of two separate ap13 propriations, one for the then current fiscal year and one

14 for the succeeding fiscal year.

15 ‘‘JOINT FUNDING

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

17 President, and to the extent consistent with the other pro18 visions of this Act, where funds are provided for a single

19 project by more than one Federal agency to an agency

20 or organization assisted under this Act, the Federal agen21 cy principally involved may be designated to act for all

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

23 a single non-Federal share requirement may be established

24 according to the proportion of funds advanced by each

25 agency. When the principal agency involved is the Reha26 bilitation Services Administration, it may waive any grant
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1 or contract requirement (as defined by such regulations)

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

3 requirement is inconsistent with the similar requirements

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

5 ‘‘SEC. 7. DEFINITIONS.

6 ‘‘For the purposes of this Act:

7 ‘‘(1) ADMINISTRATIVE COSTS.—The term ‘ad8 ministrative costs’ means expenditures incurred by

9 the designated State unit in the performance of ad10 ministrative functions under the vocational rehabili11 tation program carried out under title I, including

12 expenses related to program planning, development,

13 monitoring, and evaluation, including—

14 ‘‘(A) expenses for—

15 ‘‘(i) quality assurance;

16 ‘‘(ii) budgeting, accounting, financial

17 management, information systems, and re18 lated data processing;

19 ‘‘(iii) provision of information about

20 the program to the public;

21 ‘‘(iv) technical assistance and related

22 support services to other State agencies,

23 private nonprofit organizations, and busi24 nesses and industries, except for technical
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1 assistance and support services described

2 in section 103(b)(5);

3 ‘‘(v) the State Rehabilitation Council

4 and other entities that advise the des5 ignated State unit with regard to the pro6 vision of vocational rehabilitation services;

7 ‘‘(vi) removal of architectural barriers

8 in State vocational rehabilitation agency

9 offices and State operated rehabilitation

10 facilities;

11 ‘‘(vii) operation and maintenance of

12 designated State unit facilities, equipment,

13 and grounds;

14 ‘‘(viii) supplies; and

15 ‘‘(ix)(I) administration of the com16 prehensive system of personnel develop17 ment described in section 101(a)(7), in18 cluding personnel administration, and ad19 ministration of affirmative action plans;

20 ‘‘(II) training and staff development;

21 and

22 ‘‘(III) administrative salaries, includ23 ing clerical and other support staff sala24 ries, in support of the administrative func25 tions;
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1 ‘‘(B) travel costs related to carrying out

2 the program, other than travel costs related to

3 the provision of services;

4 ‘‘(C) costs incurred in conducting reviews

5 of rehabilitation counselor or coordinator deter6 minations; and

7 ‘‘(D) legal expenses required in the admin8 istration of the program.

9 ‘‘(2) ASSESSMENT FOR DETERMINING ELIGI10 BILITY AND VOCATIONAL REHABILITATION

11 NEEDS.—The term ‘assessment for determining eli12 gibility and vocational rehabilitation needs’ means,

13 as appropriate in each case—

14 ‘‘(A)(i) a review of existing data—

15 ‘‘(I) to determine whether an individ16 ual is eligible for vocational rehabilitation

17 services; and

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

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

20 in the States that use an order of selection

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

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

23 of appropriate assessment activities to obtain

24 necessary additional data to make such deter25 mination and assignment;
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1 ‘‘(B) to the extent additional data is nec2 essary to make a determination of the employ3 ment outcomes, and the objectives, nature, and

4 scope of vocational rehabilitation services, to be

5 included in the individualized rehabilitation em6 ployment plan of an eligible individual, a com7 prehensive assessment to determine the unique

8 strengths, resources, priorities, concerns, abili9 ties, capabilities, interests, and informed choice,

10 including the need for supported employment,

11 of the eligible individual, which comprehensive

12 assessment—

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

14 necessary to identify the rehabilitation

15 needs of the individual and to develop the

16 individualized rehabilitation employment

17 plan of the eligible individual;

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

19 information, to the maximum extent pos20 sible and appropriate and in accordance

21 with confidentiality requirements—

22 ‘‘(I) existing information ob23 tained for the purposes of determining

24 the eligibility of the individual and as25 signing priority for an order of selec-
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1 tion described in section 101(a)(5)(A)

2 for the individual; and

3 ‘‘(II) such information as can be

4 provided by the individual and, where

5 appropriate, by the family of the indi6 vidual;

7 ‘‘(iii) may include, to the degree need8 ed to make such a determination, an as9 sessment of the personality, interests,

10 interpersonal skills, intelligence and related

11 functional capacities, educational achieve12 ments, work experience, vocational apti13 tudes, personal and social adjustments,

14 and employment opportunities of the indi15 vidual, and the medical, psychiatric, psy16 chological, and other pertinent vocational,

17 educational, cultural, social, recreational,

18 and environmental factors, that affect the

19 employment and rehabilitation needs of the

20 individual; and

21 ‘‘(iv) may include, to the degree need22 ed, an appraisal of the patterns of work

23 behavior of the individual and services

24 needed for the individual to acquire occu25 pational skills, and to develop work atti-
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1 tudes, work habits, work tolerance, and so2 cial and behavior patterns necessary for

3 successful job performance, including the

4 utilization of work in real job situations to

5 assess and develop the capacities of the in6 dividual to perform adequately in a work

7 environment;

8 ‘‘(C) referral, for the provision of rehabili9 tation technology services to the individual, to

10 assess and develop the capacities of the individ11 ual to perform in a work environment; and

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

13 abilities, capabilities, and capacity to perform in

14 work situations, through the use of trial work

15 experiences, including experiences in which the

16 individual is provided appropriate supports and

17 training.

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

19 term ‘assistive technology device’ has the meaning

20 given such term in section 3(2) of the Technology21 Related Assistance for Individuals With Disabilities

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

23 reference in such section to the term ‘individuals

24 with disabilities’ shall be deemed to mean more than
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1 one individual with a disability as defined in para2 graph (20)(A).

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

4 term ‘assistive technology service’ has the meaning

5 given such term in section 3(3) of the Technology6 Related Assistance for Individuals With Disabilities

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

8 reference in such section—

9 ‘‘(A) to the term ‘individual with a disabil10 ity’ shall be deemed to mean an individual with

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

12 and

13 ‘‘(B) to the term ‘individuals with disabil14 ities’ shall be deemed to mean more than one

15 such individual.

16 ‘‘(5) COMMUNITY REHABILITATION PRO17 GRAM.—The term ‘community rehabilitation pro18 gram’ means a program that provides directly or fa19 cilitates the provision of vocational rehabilitation

20 services to individuals with disabilities, and that pro21 vides, singly or in combination, for an individual

22 with a disability to enable the individual to maximize

23 opportunities for employment, including career ad24 vancement—
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1 ‘‘(A) medical, psychiatric, psychological,

2 social, and vocational services that are provided

3 under one management;

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

5 of prosthetic and orthotic devices;

6 ‘‘(C) recreational therapy;

7 ‘‘(D) physical and occupational therapy;

8 ‘‘(E) speech, language, and hearing ther9 apy;

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

11 services, including positive behavior manage12 ment;

13 ‘‘(G) assessment for determining eligibility

14 and vocational rehabilitation needs;

15 ‘‘(H) rehabilitation technology;

16 ‘‘(I) job development, placement, and re17 tention services;

18 ‘‘(J) evaluation or control of specific dis19 abilities;

20 ‘‘(K) orientation and mobility services for

21 individuals who are blind;

22 ‘‘(L) extended employment;

23 ‘‘(M) psychosocial rehabilitation services;

24 ‘‘(N) supported employment services and

25 extended services;
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1 ‘‘(O) services to family members when nec2 essary to the vocational rehabilitation of the in3 dividual;

4 ‘‘(P) personal assistance services; or

5 ‘‘(Q) services similar to the services de6 scribed in one of subparagraphs (A) through

7 (P).

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

9 means any crime, including an act, omission, or pos10 session under the laws of the United States or a

11 State or unit of general local government, which

12 poses a substantial threat of personal injury, not13 withstanding that by reason of age, insanity, or in14 toxication or otherwise the person engaging in the

15 act, omission, or possession was legally incapable of

16 committing a crime.

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

18 ‘designated State agency’ means an agency des19 ignated under section 101(a)(2)(A).

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

21 ‘designated State unit’ means—

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

23 section 101(a)(2)(B)(ii); or
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1 ‘‘(B) in cases in which no such unit is so

2 required, the State agency described in section

3 101(a)(2)(B)(i).

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

5 means—

6 ‘‘(A) except as otherwise provided in sub7 paragraph (B), a physical or mental impair8 ment that constitutes or results in a substantial

9 impediment to employment; or

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

11 15, and titles II, IV, V, and VII, a physical or

12 mental impairment that substantially limits one

13 or more major life activities.

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

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

16 controlled substance, as defined in schedules I

17 through V of section 202 of the Controlled Sub18 stances Act (21 U.S.C. 812).

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

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

21 the possession or distribution of which is unlaw22 ful under the Controlled Substances Act. Such

23 term does not include the use of a drug taken

24 under supervision by a licensed health care pro25 fessional, or other uses authorized by the Con-
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1 trolled Substances Act or other provisions of

2 Federal law.

3 ‘‘(11) EMPLOYMENT OUTCOME.—The term ‘em4 ployment outcome’ means, with respect to an indi5 vidual—

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

7 appropriate, part-time competitive employment

8 in the integrated labor market;

9 ‘‘(B) satisfying the vocational outcome of

10 supported employment; or

11 ‘‘(C) satisfying any other vocational out12 come the Secretary may determine to be appro13 priate (including satisfying the vocational out14 come of self-employment or business owner15 ship),

16 in a manner consistent with this Act.

17 ‘‘(12) ESTABLISHMENT OF A COMMUNITY RE18 HABILITATION PROGRAM.—The term ‘establishment

19 of a community rehabilitation program’ includes the

20 acquisition, expansion, remodeling, or alteration of

21 existing buildings necessary to adapt them to com22 munity rehabilitation program purposes or to in23 crease their effectiveness for such purposes (subject,

24 however, to such limitations as the Secretary may

25 determine, in accordance with regulations the Sec-
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1 retary shall prescribe, in order to prevent impair2 ment of the objectives of, or duplication of, other

3 Federal laws providing Federal assistance in the

4 construction of facilities for community rehabilita5 tion programs), and may include such additional

6 equipment and staffing as the Commissioner consid7 ers appropriate.

8 ‘‘(13) EXTENDED SERVICES.—The term ‘ex9 tended services’ means ongoing support services and

10 other appropriate services, needed to support and

11 maintain an individual with a most significant dis12 ability in supported employment, that—

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

14 and are organized and made available in such

15 a way as to assist an eligible individual in main16 taining supported employment;

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

18 needs of an eligible individual, as specified in an

19 individualized rehabilitation employment plan;

20 and

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

22 nonprofit private organization, employer, or any

23 other appropriate resource, after an individual

24 has made the transition from support provided

25 by the designated State unit.
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1 ‘‘(14) FEDERAL SHARE.—

2 ‘‘(A) IN GENERAL.—Subject to subpara3 graph (B), the term ‘Federal share’ means 78.7

4 percent.

5 ‘‘(B) RELATIONSHIP TO EXPENDITURES

6 BY A POLITICAL SUBDIVISION.—For the pur7 pose of determining the non-Federal share with

8 respect to a State, expenditures by a political

9 subdivision thereof or by a local agency shall be

10 regarded as expenditures by such State, subject

11 to such limitations and conditions as the Sec12 retary shall by regulation prescribe.

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

14 chief executive officer of a State or another appro15 priate officer of the State.

16 ‘‘(15) (16) IMPARTIAL HEARING OFFICER.—

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

18 hearing officer’ means an individual—

19 ‘‘(i) who is not an employee of a pub20 lic agency (other than an administrative

21 law judge, hearing examiner, or employee

22 of an institution of higher education);

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

24 Rehabilitation Council described in section

25 105;
25

•S 1579 RS

1 ‘‘(iii) who has not been involved pre2 viously in the vocational rehabilitation of

3 the applicant or client;

4 ‘‘(iv) who has knowledge of the deliv5 ery of vocational rehabilitation services, the

6 State plan under section 101, and the Fed7 eral and State rules governing the provi8 sion of such services and training with re9 spect to the performance of official duties;

10 and

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

12 interest that would be in conflict with the

13 objectivity of the individual.

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

15 not be considered to be an employee of a public

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

17 solely because the individual is paid by the

18 agency to serve as a hearing officer.

19 ‘‘(16) (17) INDEPENDENT LIVING CORE SERV20 ICES.—The term ‘independent living core services’

21 means—

22 ‘‘(A) information and referral services;

23 ‘‘(B) independent living skills training;

24 ‘‘(C) peer counseling (including cross-dis25 ability peer counseling); and
26

•S 1579 RS

1 ‘‘(D) individual and systems advocacy.

2 ‘‘(17) (18) INDEPENDENT LIVING SERVICES.—

3 The term ‘independent living services’ includes—

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

5 ‘‘(B)(i) counseling services, including psy6 chological, psychotherapeutic, and related serv7 ices;

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

9 shelter, including services related to community

10 group living, and supportive of the purposes of

11 this Act and of the titles of this Act, and adapt12 ive housing services (including appropriate ac13 commodations to and modifications of any

14 space used to serve, or occupied by, individuals

15 with disabilities);

16 ‘‘(iii) rehabilitation technology;

17 ‘‘(iv) mobility training;

18 ‘‘(v) services and training for individuals

19 with cognitive and sensory disabilities, including

20 life skills training, and interpreter and reader

21 services;

22 ‘‘(vi) personal assistance services, including

23 attendant care and the training of personnel

24 providing such services;
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•S 1579 RS

1 ‘‘(vii) surveys, directories, and other activi2 ties to identify appropriate housing, recreation

3 opportunities, and accessible transportation,

4 and other support services;

5 ‘‘(viii) consumer information programs on

6 rehabilitation and independent living services

7 available under this Act, especially for minori8 ties and other individuals with disabilities who

9 have traditionally been unserved or underserved

10 by programs under this Act;

11 ‘‘(ix) education and training necessary for

12 living in a community and participating in com13 munity activities;

14 ‘‘(x) supported living;

15 ‘‘(xi) transportation, including referral and

16 assistance for such transportation and training

17 in the use of public transportation vehicles and

18 systems;

19 ‘‘(xii) physical rehabilitation;

20 ‘‘(xiii) therapeutic treatment;

21 ‘‘(xiv) provision of needed prostheses and

22 other appliances and devices;

23 ‘‘(xv) individual and group social and rec24 reational services;
28

•S 1579 RS

1 ‘‘(xvi) training to develop skills specifically

2 designed for youths who are individuals with

3 disabilities to promote self-awareness and es4 teem, develop advocacy and self-empowerment

5 skills, and explore career options;

6 ‘‘(xvii) services for children;

7 ‘‘(xviii) services under other Federal,

8 State, or local programs designed to provide re9 sources, training, counseling, or other assist10 ance, of substantial benefit in enhancing the

11 independence, productivity, and quality of life of

12 individuals with disabilities;

13 ‘‘(xix) appropriate preventive services to

14 decrease the need of individuals assisted under

15 this Act for similar services in the future;

16 ‘‘(xx) community awareness programs to

17 enhance the understanding and integration into

18 society of individuals with disabilities; and

19 ‘‘(xxi) such other services as may be nec20 essary and not inconsistent with the provisions

21 of this Act.

22 ‘‘(18) (19) INDIAN; AMERICAN INDIAN; INDIAN

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

24 AMERICAN; INDIAN TRIBE.—
29

•S 1579 RS

1 ‘‘(A) IN GENERAL.—The terms ‘Indian’,

2 ‘American Indian’, and ‘Indian American’ mean

3 an individual who is a member of an Indian

4 tribe.

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

6 ‘‘(B) INDIAN TRIBE.—The term ‘Indian

7 tribe’ means any Federal or State Indian tribe,

8 band, rancheria, pueblo, colony, or community,

9 including any Alaskan native village or regional

10 village corporation (as defined in or established

11 pursuant to the Alaska Native Claims Settle12 ment Act).

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

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

15 provided in subparagraph (B), the term ‘indi16 vidual with a disability’ means any individual

17 who—

18 ‘‘(i) has a physical or mental impair19 ment which for such individual constitutes

20 or results in a substantial impediment to

21 employment; and

22 ‘‘(ii) can benefit in terms of an em23 ployment outcome from vocational rehabili24 tation services provided pursuant to title I,

25 III, or VI.
30

•S 1579 RS

1 ‘‘(B) CERTAIN PROGRAMS; LIMITATIONS

2 ON MAJOR LIFE ACTIVITIES.—Subject to sub3 paragraphs (C), (D), (E), and (F), the term

4 ‘individual with a disability’ means, for pur5 poses of sections 2, 14, and 15, and titles II,

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

7 ‘‘(i) has a physical or mental impair8 ment which substantially limits one or

9 more of such person’s major life activities;

10 ‘‘(ii) has a record of such an impair11 ment; or

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

13 impairment.

14 ‘‘(C) RIGHTS AND ADVOCACY PROVI15 SIONS.—

16 ‘‘(i) IN GENERAL; EXCLUSION OF IN17 DIVIDUALS ENGAGING IN DRUG USE.—For

18 purposes of title V, the term ‘individual

19 with a disability’ does not include an indi20 vidual who is currently engaging in the ille21 gal use of drugs, when a covered entity

22 acts on the basis of such use.

23 ‘‘(ii) EXCEPTION FOR INDIVIDUALS

24 NO LONGER ENGAGING IN DRUG USE.—

25 Nothing in clause (i) shall be construed to
31

•S 1579 RS

1 exclude as an individual with a disability

2 an individual who—

3 ‘‘(I) has successfully completed a

4 supervised drug rehabilitation pro5 gram and is no longer engaging in the

6 illegal use of drugs, or has otherwise

7 been rehabilitated successfully and is

8 no longer engaging in such use;

9 ‘‘(II) is participating in a super10 vised rehabilitation program and is no

11 longer engaging in such use; or

12 ‘‘(III) is erroneously regarded as

13 engaging in such use, but is not en14 gaging in such use;

15 except that it shall not be a violation of

16 this Act for a covered entity to adopt or

17 administer reasonable policies or proce18 dures, including but not limited to drug

19 testing, designed to ensure that an individ20 ual described in subclause (I) or (II) is no

21 longer engaging in the illegal use of drugs.

22 ‘‘(iii) EXCLUSION FOR CERTAIN SERV23 ICES.—Notwithstanding clause (i), for pur24 poses of programs and activities providing

25 health services and services provided under
32

•S 1579 RS

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

2 be excluded from the benefits of such pro3 grams or activities on the basis of his or

4 her current illegal use of drugs if he or she

5 is otherwise entitled to such services.

6 ‘‘(iv) DISCIPLINARY ACTION.—For

7 purposes of programs and activities provid8 ing educational services, local educational

9 agencies may take disciplinary action per10 taining to the use or possession of illegal

11 drugs or alcohol against any student who

12 is an individual with a disability and who

13 currently is engaging in the illegal use of

14 drugs or in the use of alcohol to the same

15 extent that such disciplinary action is

16 taken against students who are not individ17 uals with disabilities. Furthermore, the due

18 process procedures at section 104.36 of

19 title 34, Code of Federal Regulations (or

20 any corresponding similar regulation or

21 ruling) shall not apply to such disciplinary

22 actions.

23 ‘‘(v) EMPLOYMENT; EXCLUSION OF

24 ALCOHOLICS.—For purposes of sections

25 503 and 504 as such sections relate to em-
33

•S 1579 RS

1 ployment, the term ‘individual with a dis2 ability’ does not include any individual who

3 is an alcoholic whose current use of alcohol

4 prevents such individual from performing

5 the duties of the job in question or whose

6 employment, by reason of such current al7 cohol abuse, would constitute a direct

8 threat to property or the safety of others.

9 ‘‘(D) EMPLOYMENT; EXCLUSION OF INDI10 VIDUALS WITH CERTAIN DISEASES OR INFEC11 TIONS.—For the purposes of sections 503 and

12 504, as such sections relate to employment,

13 such term does not include an individual who

14 has a currently contagious disease or infection

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

16 would constitute a direct threat to the health or

17 safety of other individuals or who, by reason of

18 the currently contagious disease or infection, is

19 unable to perform the duties of the job.

20 ‘‘(E) RIGHTS PROVISIONS; EXCLUSION OF

21 INDIVIDUALS ON BASIS OF HOMOSEXUALITY OR

22 BISEXUALITY.—For the purposes of sections

23 501, 503, and 504—

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

25 subparagraph (B) to such sections, the
34

•S 1579 RS

1 term ‘impairment’ does not include homo2 sexuality or bisexuality; and

3 ‘‘(ii) therefore the term ‘individual

4 with a disability’ does not include an indi5 vidual on the basis of homosexuality or bi6 sexuality.

7 ‘‘(F) RIGHTS PROVISIONS; EXCLUSION OF

8 INDIVIDUALS ON BASIS OF CERTAIN DIS9 ORDERS.—For the purposes of sections 501,

10 503, and 504, the term ‘individual with a dis11 ability’ does not include an individual on the

12 basis of—

13 ‘‘(i) transvestism, transsexualism,

14 pedophilia, exhibitionism, voyeurism, gen15 der identity disorders not resulting from

16 physical impairments, or other sexual be17 havior disorders;

18 ‘‘(ii) compulsive gambling, kleptoma19 nia, or pyromania; or

20 ‘‘(iii) psychoactive substance use dis21 orders resulting from current illegal use of

22 drugs.

23 ‘‘(G) INDIVIDUALS WITH DISABILITIES.—

24 The term ‘individuals with disabilities’ means

25 more than one individual with a disability.
35

•S 1579 RS

1 ‘‘(21) INDIVIDUAL WITH A SIGNIFICANT DIS2 ABILITY.—

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

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

5 with a significant disability’ means an individ6 ual with a disability—

7 ‘‘(i) who has a severe physical or men8 tal impairment which seriously limits one

9 or more functional capacities (such as mo10 bility, communication, self-care, self-direc11 tion, interpersonal skills, work tolerance, or

12 work skills) in terms of an employment

13 outcome;

14 ‘‘(ii) whose vocational rehabilitation

15 can be expected to require multiple voca16 tional rehabilitation services over an ex17 tended period of time; and

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

19 mental disabilities resulting from amputa20 tion, arthritis, autism, blindness, burn in21 jury, cancer, cerebral palsy, cystic fibrosis,

22 deafness, head injury, heart disease, hemi23 plegia, hemophilia, respiratory or pul24 monary dysfunction, mental retardation,

25 mental illness, multiple sclerosis, muscular
36

•S 1579 RS

1 dystrophy, musculo-skeletal disorders, neu2 rological disorders (including stroke and

3 epilepsy), paraplegia, quadriplegia, and

4 other spinal cord conditions, sickle cell

5 anemia, specific learning disability, end6 stage renal disease, or another disability or

7 combination of disabilities determined on

8 the basis of an assessment for determining

9 eligibility and vocational rehabilitation

10 needs described in subparagraphs (A) and

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

12 substantial functional limitation.

13 ‘‘(B) INDEPENDENT LIVING SERVICES AND

14 CENTERS FOR INDEPENDENT LIVING.—For

15 purposes of title VII, the term ‘individual with

16 a significant disability’ means an individual

17 with a severe physical or mental impairment

18 whose ability to function independently in the

19 family or community or whose ability to obtain,

20 maintain, or advance in employment is substan21 tially limited and for whom the delivery of inde22 pendent living services will improve the ability

23 to function, continue functioning, or move to24 wards functioning independently in the family
37

•S 1579 RS

1 or community or to continue in employment, re2 spectively.

3 ‘‘(C) RESEARCH AND TRAINING.—For pur4 poses of title II, the term ‘individual with a sig5 nificant disability’ includes an individual de6 scribed in subparagraph (A) or (B).

7 ‘‘(D) INDIVIDUALS WITH SIGNIFICANT DIS8 ABILITIES.—The term ‘individuals with signifi9 cant disabilities’ means more than one individ10 ual with a significant disability.

11 ‘‘(E) INDIVIDUAL WITH A MOST SIGNIFI12 CANT DISABILITY.—

13 ‘‘(i) IN GENERAL.—The term ‘individ14 ual with a most significant disability’, used

15 with respect to an individual in a State,

16 means an individual with a significant dis17 ability who meets criteria established by

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

19 ‘‘(ii) INDIVIDUALS WITH THE MOST

20 SIGNIFICANT DISABILITIES.—The term ‘in21 dividuals with the most significant disabil22 ities’ means more than one individual with

23 a most significant disability.

24 ‘‘(22) INDIVIDUAL’S REPRESENTATIVE; APPLI25 CANT’S REPRESENTATIVE.—
38

•S 1579 RS

1 ‘‘(A) INDIVIDUAL’S REPRESENTATIVE.—

2 The term ‘individual’s representative’ used with

3 respect to an eligible individual or other individ4 ual with a disability, means—

5 ‘‘(i) any representative chosen by the

6 eligible individual or other individual with

7 a disability, including a parent, guardian,

8 other family member, or advocate; or

9 ‘‘(ii) if a representative or legal guard10 ian has been appointed by a court to rep11 resent the eligible individual or other indi12 vidual with a disability, the court-ap13 pointed representative or legal guardian.

14 ‘‘(B) APPLICANT’S REPRESENTATIVE.—

15 The term ‘applicant’s representative’ means—

16 ‘‘(i) any representative described in

17 subparagraph (A)(i) chosen by the appli18 cant; or

19 ‘‘(ii) if a representative or legal guard20 ian has been appointed by a court to rep21 resent the applicant, the court-appointed

22 representative or legal guardian.

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

24 The term ‘institution of higher education’ has the
39

•S 1579 RS

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

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

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

4 means an agency of a unit of general local govern5 ment or of an Indian tribe (or combination of such

6 units or tribes) which has an agreement with the

7 designated State agency to conduct a vocational re8 habilitation program under the supervision of such

9 State agency in accordance with the State plan ap10 proved under section 101. Nothing in the preceding

11 sentence of this paragraph or in section 101 shall be

12 construed to prevent the local agency from arrang13 ing to utilize another local public or nonprofit agen14 cy to provide vocational rehabilitation services if

15 such an arrangement is made part of the agreement

16 specified in this paragraph.

17 ‘‘(25) LOCAL WORKFORCE INVESTMENT PART18 NERSHIP.—The term ‘local workforce investment

19 partnership’ means a local workforce investment

20 partnership established under section 308 of the

21 Workforce Investment Partnership Act of 1998.

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

23 used with respect to a community rehabilitation pro24 gram, means a community rehabilitation program

25 carried out by a corporation or association, no part
40

•S 1579 RS

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

2 inure, to the benefit of any private shareholder or in3 dividual and the income of which is exempt from

4 taxation under section 501(c)(3) of the Internal Rev5 enue Code of 1986.

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

7 ‘ongoing support services’ means services—

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

9 significant disabilities;

10 ‘‘(B) provided, at a minimum, twice

11 monthly—

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

13 the employment situation, at the worksite

14 of each such individual in supported em15 ployment, or, under special circumstances,

16 especially at the request of the client, off

17 site; and

18 ‘‘(ii) based on the assessment, to pro19 vide for the coordination or provision of

20 specific intensive services, at or away from

21 the worksite, that are needed to maintain

22 employment stability; and

23 ‘‘(C) consisting of—
41

•S 1579 RS

1 ‘‘(i) a particularized assessment sup2 plementary to the comprehensive assess3 ment described in paragraph (2)(B);

4 ‘‘(ii) the provision of skilled job train5 ers who accompany the individual for in6 tensive job skill training at the work site;

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

8 and placement services;

9 ‘‘(iv) social skills training;

10 ‘‘(v) regular observation or super11 vision of the individual;

12 ‘‘(vi) followup services such as regular

13 contact with the employers, the individuals,

14 the individuals’ representatives, and other

15 appropriate individuals, in order to rein16 force and stabilize the job placement;

17 ‘‘(vii) facilitation of natural supports

18 at the worksite;

19 ‘‘(viii) any other service identified in

20 section 103; or

21 ‘‘(ix) a service similar to another serv22 ice described in this subparagraph.

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

24 term ‘personal assistance services’ means a range of

25 services, provided by one or more persons, designed
42

•S 1579 RS

1 to assist an individual with a disability to perform

2 daily living activities on or off the job that the indi3 vidual would typically perform if the individual did

4 not have a disability. Such services shall be designed

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

6 to perform everyday activities on or off the job.

7 ‘‘(29) PUBLIC OR NONPROFIT.—The term ‘pub8 lic or nonprofit’, used with respect to an agency or

9 organization, includes an Indian tribe.

10 ‘‘(30) REHABILITATION TECHNOLOGY.—The

11 term ‘rehabilitation technology’ means the system12 atic application of technologies, engineering meth13 odologies, or scientific principles to meet the needs

14 of and address the barriers confronted by individuals

15 with disabilities in areas which include education, re16 habilitation, employment, transportation, independ17 ent living, and recreation. The term includes reha18 bilitation engineering, assistive technology devices,

19 and assistive technology services.

20 ‘‘(31) REQUIRES VOCATIONAL REHABILITATION

21 SERVICES.—The term ‘requires vocational rehabilita22 tion services’, used with respect to an individual with

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

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

25 retain, or regain employment consistent with the
43

•S 1579 RS

1 strengths, resources, priorities, concerns, abilities,

2 capabilities, interests, and informed choice of the in3 dividual without vocational rehabilitation services,

4 because the individual—

5 ‘‘(A) has never been employed;

6 ‘‘(B) has lost employment;

7 ‘‘(C) is underemployed;

8 ‘‘(D) is at immediate risk of losing employ9 ment; or

10 ‘‘(E) receives benefits on the basis of dis11 ability or blindness pursuant to title II or XVI

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

13 seq. or 1381 et seq.), in a case in which the in14 dividual intends to achieve an employment out15 come consistent with the unique strengths, re16 sources, priorities, concerns, abilities, capabili17 ties, interests, and informed choice of the indi18 vidual.

19 ‘‘(32) SECRETARY.—The term ‘Secretary’, ex20 cept when the context otherwise requires, means the

21 Secretary of Education.

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

23 addition to each of the several States of the United

24 States, the District of Columbia, the Commonwealth

25 of Puerto Rico, the United States Virgin Islands,
44

•S 1579 RS

1 Guam, American Samoa, and the Commonwealth of

2 the Northern Mariana Islands.

3 ‘‘(34) STATEWIDE WORKFORCE INVESTMENT

4 PARTNERSHIP.—The term ‘statewide workforce in5 vestment partnership’ means a partnership estab6 lished under section 303 of the Workforce Invest7 ment Partnership Act of 1998.

8 ‘‘(35) STATEWIDE WORKFORCE INVESTMENT

9 SYSTEM.—The term ‘statewide workforce investment

10 system’ means a system described in section 301 of

11 the Workforce Investment Partnership Act of 1998.

12 ‘‘(36) SUPPORTED EMPLOYMENT.—

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

14 employment’ means competitive work in inte15 grated work settings, or employment in inte16 grated work settings in which individuals are

17 working toward competitive work, consistent

18 with the strengths, resources, priorities, con19 cerns, abilities, capabilities, interests, and in20 formed choice of the individuals, for individuals

21 with the most significant disabilities—

22 ‘‘(i)(I) for whom competitive employ23 ment has not traditionally occurred; or
45

•S 1579 RS

1 ‘‘(II) for whom competitive employ2 ment has been interrupted or intermittent

3 as a result of a significant disability; and

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

5 severity of their disability, need intensive

6 supported employment services for the pe7 riod, and any extension, described in para8 graph (37)(C) and extended services after

9 the transition described in paragraph

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

11 ‘‘(B) CERTAIN TRANSITIONAL EMPLOY12 MENT.—Such term includes transitional em13 ployment for persons who are individuals with

14 the most significant disabilities due to mental

15 illness.

16 ‘‘(37) SUPPORTED EMPLOYMENT SERVICES.—

17 The term ‘supported employment services’ means

18 ongoing support services and other appropriate serv19 ices needed to support and maintain an individual

20 with a most significant disability in supported em21 ployment, 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 to

25 achieve competitive employment;
46

•S 1579 RS

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 the designated State

6 unit for a period of time not to extend beyond

7 18 months, unless under special circumstances

8 the eligible individual and the rehabilitation

9 counselor or coordinator jointly agree to extend

10 the time in order to achieve the rehabilitation

11 objectives identified in the individualized reha12 bilitation employment plan.

13 ‘‘(38) TRANSITION SERVICES.—The term ‘tran14 sition services’ means a coordinated set of activities

15 for a student, designed within an outcome-oriented

16 process, that promotes movement from school to

17 post school activities, including postsecondary edu18 cation, vocational training, integrated employment

19 (including supported employment), continuing and

20 adult education, adult services, independent living,

21 or community participation. The coordinated set of

22 activities shall be based upon the individual stu23 dent’s needs, taking into account the student’s pref24 erences and interests, and shall include instruction,

25 community experiences, the development of employ-
47

•S 1579 RS

1 ment and other post school adult living objectives,

2 and, when appropriate, acquisition of daily living

3 skills and functional vocational evaluation.

4 ‘‘(39) UNDEREMPLOYED.—The term ‘under5 employed’, used with respect to an individual with a

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

7 situation in which the individual is employed in a job

8 that is not consistent with the strengths, resources,

9 priorities, concerns, abilities, capabilities, interests,

10 and informed choice of the individual.

11 ‘‘(40) VOCATIONAL REHABILITATION SERV12 ICES.—The term ‘vocational rehabilitation services’

13 means those services identified in section 103 which

14 are provided to individuals with disabilities under

15 this Act.

16 ‘‘(41) WORKFORCE INVESTMENT ACTIVITIES.—

17 The term ‘workforce investment activities’ has the

18 meaning given the term in section 2 of the Work19 force Investment Partnership Act of 1998 carried

20 out under that Act.

21 ‘‘ALLOTMENT PERCENTAGE

22 ‘‘SEC. 8. (a)(1) For purposes of section 110, the al23 lotment percentage for any State shall be 100 per centum

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

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

26 the per capita income of the United States, except that—
48

•S 1579 RS

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.
49

•S 1579 RS

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—
50

•S 1579 RS

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-
51

•S 1579 RS

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.
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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.
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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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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 preservice training, continuing education, and in24 service training must focus on bringing larger num25 bers of minorities into the profession in order to pro-
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1 vide appropriate practitioner knowledge, role models,

2 and sufficient manpower to address the clearly

3 changing 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 an award under paragraph (2)(C), an entity shall be

13 a 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

24 college or university’’’ means a part B institu-
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1 tion, as defined in section 322(2) of the Higher

2 Education 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 historically

6 Black college or university, a Hispanic-serving

7 institution of higher education, an American In8 dian Tribal College or University tribal college

9 or university, or another institution of higher

10 education whose minority student enrollment is

11 at least 50 percent.

12 ‘‘(c) DEMONSTRATION.—In awarding grants, or en13 tering into contracts or cooperative agreements under ti14 tles I, II, III, VI, and VII, and section 509, the Commis15 sioner and the Director, in appropriate cases, shall require

16 applicants to demonstrate how the applicants will address,

17 in whole or in part, the needs of individuals with disabil18 ities from minority backgrounds.’’.

19 SEC. 4. VOCATIONAL REHABILITATION SERVICES.

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

21 720 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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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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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 ac4 cordance with regulations prescribed by the Commis5 sioner. The Commissioner may waive compliance

6 with the requirement only if the non-Federal share

7 of the cost of the vocational rehabilitation services is

8 provided from funds made available by a local agen9 cy (including, to the extent permitted by such regu10 lations, funds contributed to such agency by a pri11 vate 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

10 vocational 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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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 employed

20 by the designated State unit and involved in car21 rying out this title, which, at a minimum, shall

22 consist of—

23 ‘‘(i) a description of the procedures

24 and activities the designated State agency

25 will implement and undertake to address
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1 the current and projected needs for person2 nel, and training needs of such personnel,

3 in the designated State unit to ensure that

4 the personnel are adequately trained and

5 prepared;

6 ‘‘(ii) a plan to coordinate and facili7 tate efforts between the designated State

8 unit and institutions of higher education

9 and professional associations to recruit,

10 prepare, and retain qualified personnel, in11 cluding personnel from culturally or lin12 guistically diverse backgrounds, and per13 sonnel that include individuals with disabil14 ities;

15 ‘‘(iii) a description of policies and pro16 cedures on the establishment and mainte17 nance of reasonable standards to ensure

18 that personnel, including professionals and

19 paraprofessionals, are adequately trained

20 and prepared, including—

21 ‘‘(I) standards that are consist22 ent with any national or State ap23 proved or recognized certification, li24 censing, registration, or other com25 parable requirements that apply to the
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1 area in which such personnel are pro2 viding vocational rehabilitation serv3 ices; and

4 ‘‘(II) to the extent that such

5 standards are not based on the high6 est requirements in the State applica7 ble to a particular profession or dis8 cipline, the steps the State will take to

9 ensure the retraining or hiring of per10 sonnel within the designated State

11 unit so that such personnel meet ap12 propriate professional standards in

13 the State;

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

15 evaluating the performance of vocational

16 rehabilitation counselors, coordinators, and

17 other personnel used in the State, includ18 ing a description of how the system facili19 tates the accomplishment of the purpose

20 and policy of this title, including the policy

21 of serving individuals with the most signifi22 cant disabilities;

23 ‘‘(v) a description of standards to en24 sure the availability of personnel within the

25 designated State unit who are, to the max-
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1 imum extent feasible, trained to commu2 nicate in the native language or mode of

3 communication of an applicant or eligible

4 individual; and

5 ‘‘(vi) a detailed description, including

6 a budget, of how the funds reserved under

7 subparagraph (B) will be expended to

8 carry out the comprehensive system for

9 personnel development, including the provi10 sion of in-service training for personnel of

11 the designated State unit;

12 ‘‘(B) assurances that—

13 ‘‘(i) at a minimum, the State will re14 serve from the allotment made to the State

15 under section 110 an amount to carry out

16 the comprehensive system of personnel de17 velopment, including the provision of in18 service training for personnel of the des19 ignated State unit;

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

21 reserved will be equal to the amount of the

22 funds the State received for fiscal year

23 1998 to provide in-service training under

24 section 302, or for any State that did not

25 receive those funds for fiscal year 1998, an
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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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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 Governor of the State or the

24 designee of the Governor will ensure that an

25 interagency agreement or other mechanism for
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1 interagency coordination takes effect between

2 any appropriate public entity, including a com3 ponent of the statewide workforce investment

4 system, and the designated State unit, in order

5 to ensure the provision of vocational rehabilita6 tion services described in subparagraph (A)

7 (other than those services specified in para8 graph (5)(D), and in paragraphs (1) through

9 (4) and (14) of section 103(a)), that are in10 cluded in the individualized rehabilitation em11 ployment plan of an eligible individual, includ12 ing the provision of such vocational rehabilita13 tion services during the pendency of any dispute

14 described in clause (iii). Such agreement or

15 mechanism shall include the following:

16 ‘‘(i) AGENCY FINANCIAL RESPON17 SIBILITY.—An identification of, or a de18 scription of a method for defining, the fi19 nancial responsibility of such public entity

20 for providing such services, and a provision

21 stating that the financial responsibility of

22 such public entity for providing such serv23 ices, including the financial responsibility

24 of the State agency responsible for admin25 istering the medicaid program under title
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1 XIX of the Social Security Act (42 U.S.C.

2 1396 et seq.), other public agencies, and

3 public institutions of higher education,

4 shall precede the financial responsibility of

5 the designated State unit especially with

6 regard to the provision of auxiliary aids

7 and services to the maximum extent al8 lowed by law.

9 ‘‘(ii) CONDITIONS, TERMS, AND PRO10 CEDURES OF REIMBURSEMENT.—Informa11 tion specifying the conditions, terms, and

12 procedures under which a designated State

13 unit shall pursue and obtain reimburse14 ment by other public agencies for providing

15 such services.

16 ‘‘(iii) INTERAGENCY DISPUTES.—In17 formation specifying procedures for resolv18 ing interagency disputes under the agree19 ment or other mechanism (including proce20 dures under which the designated State

21 unit may initiate proceedings to secure re22 imbursement from other agencies or other23 wise implement the provisions of the agree24 ment or mechanism).
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1 ‘‘(iv) COORDINATION OF SERVICES

2 PROCEDURES.—Information specifying

3 policies and procedures for agencies to de4 termine and identify the interagency co5 ordination responsibilities of each agency

6 to promote the coordination and timely de7 livery of vocational rehabilitation services

8 (except those services specified in para9 graph (5)(D) and in paragraphs (1)

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

11 ‘‘(C) RESPONSIBILITIES OF OTHER AGEN12 CIES.—

13 ‘‘(i) RESPONSIBILITIES UNDER OTHER

14 LAW.—Notwithstanding subparagraph (B),

15 if any public agency other than a des16 ignated State unit is obligated under Fed17 eral or State law, or assigned responsibility

18 under State policy or under this para19 graph, to provide or pay for any services

20 that are also considered to be vocational

21 rehabilitation services (other than those

22 specified in paragraph (5)(D) and in para23 graphs (1) through (4) and (14) of section

24 103(a)), such public agency shall fulfill
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1 that obligation or responsibility, either di2 rectly or by contract or other arrangement.

3 ‘‘(ii) REIMBURSEMENT.—In a case in

4 which a public agency other than the des5 ignated State unit fails to fulfill the finan6 cial responsibility of the agency described

7 in this paragraph to provide services de8 scribed in clause (i), the designated State

9 unit may claim reimbursement from such

10 public agency for such services. Such pub11 lic agency shall reimburse the designated

12 State unit pursuant to the terms of the

13 interagency agreement or other mechanism

14 in effect under this paragraph according to

15 the procedures established pursuant to

16 subparagraph (B)(ii).

17 ‘‘(D) METHODS.—The Chief Executive Of18 ficer Governor of a State may meet the require19 ments of subparagraph (B) through—

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

21 ‘‘(ii) a signed agreement between the

22 respective agency officials that clearly iden23 tifies the responsibilities of each agency re24 lating to the provision of services; or
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1 ‘‘(iii) another appropriate method, as

2 determined by the designated State unit.

3 ‘‘(9) INDIVIDUALIZED REHABILITATION EM4 PLOYMENT PLAN.—

5 ‘‘(A) DEVELOPMENT AND IMPLEMENTA6 TION.—The State plan shall include an assur7 ance that an individualized rehabilitation em8 ployment plan meeting the requirements of sec9 tion 102(b) will be developed and implemented

10 in a timely manner for an individual subsequent

11 to the determination of the eligibility of the in12 dividual for services under this title, except that

13 in a State operating under an order of selection

14 described in paragraph (5), the plan will be de15 veloped and implemented only for individuals

16 meeting the order of selection criteria of the

17 State.

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

19 plan shall include an assurance that such serv20 ices will be provided in accordance with the pro21 visions of the individualized rehabilitation em22 ployment plan.

23 ‘‘(10) REPORTING REQUIREMENTS.—

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

25 include an assurance that the designated State
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1 agency will submit reports in the form and level

2 of detail and at the time required by the Com3 missioner regarding applicants for, and eligible

4 individuals receiving, services under this title.

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

6 the information to be submitted in the reports,

7 the Commissioner shall require annual report8 ing on the eligible individuals receiving the serv9 ices, on those specific data elements described

10 in section 321(d)(2) of the Workforce Invest11 ment Partnership Act of 1998 that are deter12 mined by the Secretary to be relevant in assess13 ing the performance of designated State units

14 in carrying out the vocational rehabilitation

15 program established under this title.

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

17 the information required to be submitted in the

18 reports, the Commissioner shall require addi19 tional data with regard to applicants and eligi20 ble individuals related to—

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

22 number of individuals determined to be eli23 gible or ineligible for the program carried

24 out under this title, including—
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1 ‘‘(I) the number of individuals

2 determined to be ineligible because

3 they did not require vocational reha4 bilitation services, as provided in sec5 tion 102(a); and

6 ‘‘(II) the number of individuals

7 determined, on the basis of clear and

8 convincing evidence, to be too severely

9 disabled to benefit in terms of an em10 ployment outcome from vocational re11 habilitation services;

12 ‘‘(ii) the number of individuals who

13 received vocational rehabilitation services

14 through the program, including—

15 ‘‘(I) the number who received

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

17 not assistance under an individualized

18 rehabilitation employment plan; and

19 ‘‘(II) the number who received

20 assistance under an individualized re21 habilitation employment plan consist22 ent with section 102(b);

23 ‘‘(iii) the number of individuals receiv24 ing public assistance and the amount of

25 the public assistance on the date of appli-
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1 cation and on the last date of participation

2 in the program carried out under this title;

3 ‘‘(iv) the number of individuals with

4 disabilities who ended their participation in

5 the program and the number who achieved

6 employment outcomes after receiving voca7 tional rehabilitation services; and

8 ‘‘(v) the number of individuals who

9 ended their participation in the program

10 and who were employed 6 months and 12

11 months after securing or regaining employ12 ment, or, in the case of individuals whose

13 employment outcome was to retain or ad14 vance in employment, who were employed

15 6 months and 12 months after achieving

16 their employment outcome, including—

17 ‘‘(I) the number of such individ18 uals who earned the minimum wage

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

20 Fair Labor Standards Act of 1938

21 (29 U.S.C. 206(a)(1)) or another

22 wage level set by the Commissioner,

23 during such employment;

24 ‘‘(II) the number of such individ25 uals who received employment benefits
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1 from an employer during such employ2 ment; and

3 ‘‘(III) the number of such indi4 viduals whose public assistance was

5 terminated or reduced after such par6 ticipation.

7 ‘‘(D) COSTS AND RESULTS.—The Commis8 sioner shall also require that the designated

9 State agency include in the reports information

10 on—

11 ‘‘(i) the costs under this title of con12 ducting administration, providing assess13 ment services, counseling and guidance,

14 and other direct services provided by des15 ignated State agency staff, providing serv16 ices purchased under individualized reha17 bilitation employment plans, supporting

18 small business enterprises, establishing, de19 veloping, and improving community reha20 bilitation programs, and providing other

21 services to groups; and

22 ‘‘(ii) the results of annual evaluation

23 by the State of program effectiveness

24 under paragraph (15)(E).
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1 ‘‘(E) ADDITIONAL INFORMATION.—The

2 Commissioner shall require that each des3 ignated State unit include in the reports addi4 tional information related to the applicants and

5 eligible individuals, obtained either through a

6 complete count or sampling, including—

7 ‘‘(i) information on—

8 ‘‘(I) age, gender, race, ethnicity,

9 education, type of impairment, sever10 ity of disability, and whether the indi11 viduals are students described in

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

13 (11)(D);

14 ‘‘(II) dates of application, deter15 mination of eligibility or ineligibility,

16 initiation of the individualized reha17 bilitation employment plan, and termi18 nation of participation in the pro19 gram;

20 ‘‘(III) earnings at the time of ap21 plication for the program and termi22 nation of participation in the pro23 gram;

24 ‘‘(IV) work status and occupa25 tion;
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1 ‘‘(V) types of services, including

2 assistive technology services and as3 sistive technology devices, provided

4 under the program;

5 ‘‘(VI) types of public or private

6 programs or agencies that furnished

7 services under the program; and

8 ‘‘(VII) the reasons for individuals

9 terminating participation in the pro10 gram without achieving an employ11 ment outcome; and

12 ‘‘(ii) information necessary to deter13 mine the success of the State in meeting—

14 ‘‘(I) the State performance meas15 ures established under section 321(b)

16 of the Workforce Investment Partner17 ship Act of 1998 to the extent the

18 measures are applicable to individuals

19 with disabilities; and

20 ‘‘(II) the standards and indica21 tors established pursuant to section

22 106.

23 ‘‘(F) COMPLETENESS AND CONFIDENTIAL24 ITY.—The State plan shall include an assurance

25 that the information submitted in the reports
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1 will include a complete count, except as pro2 vided in subparagraph (E), of the applicants

3 and eligible individuals, in a manner permitting

4 the greatest possible cross-classification of data

5 and that the identity of each individual for

6 which information is supplied under this para7 graph will be kept confidential.

8 ‘‘(11) COOPERATION, COLLABORATION, AND CO9 ORDINATION.—

10 ‘‘(A) COOPERATIVE AGREEMENTS WITH

11 OTHER COMPONENTS OF STATEWIDE WORK12 FORCE INVESTMENT SYSTEMS.—The State plan

13 shall provide that the designated State unit or

14 designated State agency shall enter into a coop15 erative agreement with other entities that are

16 components of the statewide workforce invest17 ment system of the State, regarding the system,

18 which agreement may provide for—

19 ‘‘(i) provision of intercomponent staff

20 training and technical assistance with re21 gard to—

22 ‘‘(I) the availability and benefits

23 of, and eligibility standards for, voca24 tional rehabilitation services; and
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1 ‘‘(II) the promotion of equal, ef2 fective, and meaningful participation

3 by individuals with disabilities in

4 workforce investment activities in the

5 State through the promotion of pro6 gram accessibility, the use of non7 discriminatory policies and proce8 dures, and the provision of reasonable

9 accommodations, auxiliary aids and

10 services, and rehabilitation technology,

11 for individuals with disabilities;

12 ‘‘(ii) use of information and financial

13 management systems that link all compo14 nents of the statewide workforce invest15 ment system, that link the components to

16 other electronic networks, including non17 visual electronic networks, and that relate

18 to such subjects as labor market informa19 tion, and information on job vacancies, ca20 reer planning, and workforce investment

21 activities;

22 ‘‘(iii) use of customer service features

23 such as common intake and referral proce24 dures, customer databases, resource infor25 mation, and human services hotlines;
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1 ‘‘(iv) establishment of cooperative ef2 forts with employers to—

3 ‘‘(I) facilitate job placement; and

4 ‘‘(II) carry out any other activi5 ties that the designated State unit

6 and the employers determine to be ap7 propriate;

8 ‘‘(v) identification of staff roles, re9 sponsibilities, and available resources, and

10 specification of the financial responsibility

11 of each component of the statewide work12 force investment system with regard to

13 paying for necessary services (consistent

14 with State law and Federal requirements);

15 and

16 ‘‘(vi) specification of procedures for

17 resolving disputes among such components.

18 ‘‘(B) REPLICATION OF COOPERATIVE

19 AGREEMENTS.—The State plan shall provide

20 for the replication of such cooperative agree21 ments at the local level between individual of22 fices of the designated State unit and local enti23 ties carrying out activities through the state24 wide workforce investment system.
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1 ‘‘(C) INTERAGENCY COOPERATION WITH

2 OTHER AGENCIES.—The State plan shall in3 clude descriptions of interagency cooperation

4 with, and utilization of the services and facili5 ties of, the Federal, State, and local agencies

6 and programs that are not carrying out activi7 ties through the statewide workforce investment

8 system.

9 ‘‘(D) COORDINATION WITH EDUCATION OF10 FICIALS.—The State plan shall contain plans,

11 policies, and procedures for coordination be12 tween the designated State agency and edu13 cation officials that are designed to facilitate

14 the transition of students who are individuals

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

16 from the receipt of educational services in

17 school to the receipt of vocational rehabilitation

18 services under this title, including information

19 on a formal interagency agreement with the

20 State educational agency that, at a minimum,

21 provides for—

22 ‘‘(i) consultation and technical assist23 ance to assist educational agencies in plan24 ning for the transition of students who are

25 individuals with disabilities described in
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1 section 7(20)(B) from school to post-school

2 activities, including vocational rehabilita3 tion services;

4 ‘‘(ii)(I) transition planning by person5 nel of the designated State agency and

6 educational agency personnel for students

7 with disabilities described in clause (i) that

8 facilitates the development and completion

9 of their individualized education programs

10 under section 614(d) of the Individuals

11 with Disabilities Education Act (as added

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

13 ‘‘(II) transition planning and services

14 for students who are eligible to receive

15 services under this title and who will be

16 exiting school in the school year in which

17 the planning and services are provided;

18 ‘‘(iii) the roles and responsibilities, in19 cluding financial responsibilities, of each

20 agency, including provisions for determin21 ing State lead agencies and qualified per22 sonnel responsible for the transition serv23 ices described in clause (ii)(II); and

24 ‘‘(iv) procedures for outreach to and

25 identification of students with disabilities
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1 described in clause (ii)(II) who need the

2 transition services.

3 ‘‘(E) COORDINATION WITH STATEWIDE

4 INDEPENDENT LIVING COUNCILS AND INDE5 PENDENT LIVING CENTERS.—The State plan

6 shall include an assurance that the designated

7 State unit, the Statewide Independent Living

8 Council established under section 705, and the

9 independent living centers described in part C

10 of title VII within the State have developed

11 working relationships and coordinate their ac12 tivities.

13 ‘‘(F) COOPERATIVE AGREEMENT WITH RE14 CIPIENTS OF GRANTS FOR SERVICES TO AMER15 ICAN INDIANS.—In applicable cases, the State

16 plan shall include an assurance that the State

17 has entered into a formal cooperative agreement

18 with each grant recipient in the State that re19 ceives funds under part C. The agreement shall

20 describe strategies for collaboration and coordi21 nation in providing vocational rehabilitation

22 services to American Indians who are individ23 uals with disabilities, including—

24 ‘‘(i) strategies for interagency referral

25 and information sharing that will assist in
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1 eligibility determinations and the develop2 ment of individualized rehabilitation em3 ployment plans;

4 ‘‘(ii) procedures for ensuring that

5 American Indians who are individuals with

6 disabilities and are living near a reserva7 tion or tribal service area are provided vo8 cational rehabilitation services; and

9 ‘‘(iii) provisions for sharing resources

10 in cooperative studies and assessments,

11 joint training activities, and other collabo12 rative activities designed to improve the

13 provision of services to American Indians

14 who are individuals with disabilities.

15 ‘‘(12) RESIDENCY.—The State plan shall in16 clude an assurance that the State will not impose a

17 residence requirement that excludes from services

18 provided under the plan any individual who is

19 present in the State.

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

21 State plan shall include an assurance that, except as

22 otherwise provided in part C, the designated State

23 agency will provide vocational rehabilitation services

24 to American Indians who are individuals with dis25 abilities residing in the State to the same extent as
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1 the designated State agency provides such services

2 to other significant populations of individuals with

3 disabilities residing in the State.

4 ‘‘(14) ANNUAL REVIEW OF INDIVIDUALS IN EX5 TENDED EMPLOYMENT OR OTHER EMPLOYMENT

6 UNDER SPECIAL CERTIFICATE PROVISIONS OF THE

7 FAIR LABOR STANDARDS ACT OF 1938.—The State

8 plan shall provide for—

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

10 the status of each individual with a disability

11 served under this title who has achieved an em12 ployment outcome either in an extended em13 ployment setting in a community rehabilitation

14 program or any other employment under sec15 tion 14(c) of the Fair Labor Standards Act (29

16 U.S.C. 214(c)) for 2 years after the achieve17 ment of the outcome (and annually thereafter if

18 requested by the individual or, if appropriate,

19 the individual’s representative), to determine

20 the interests, priorities, and needs of the indi21 vidual with respect to competitive employment

22 or training for competitive employment;

23 ‘‘(B) input into the review and reevalua24 tion, and a signed acknowledgement acknowl25 edgment that such review and reevaluation have
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1 been conducted, by the individual with a disabil2 ity, or, if appropriate, the individual’s rep3 resentative; and

4 ‘‘(C) maximum efforts, including the iden5 tification and provision of vocational rehabilita6 tion services, reasonable accommodations, and

7 other necessary support services, to assist the

8 individuals described in subparagraph (A) in

9 engaging in competitive employment.

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

11 PROGRESS.—

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

13 State plan shall—

14 ‘‘(i) include the results of a com15 prehensive, statewide assessment, jointly

16 conducted by the designated State unit and

17 the State Rehabilitation Council (if the

18 State has such a Council) every 3 years,

19 describing the rehabilitation needs of indi20 viduals with disabilities residing within the

21 State, particularly the vocational rehabili22 tation services needs of—

23 ‘‘(I) individuals with the most

24 significant disabilities, including their
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1 need for supported employment serv2 ices;

3 ‘‘(II) individuals with disabilities

4 who are minorities and individuals

5 with disabilities who have been

6 unserved or underserved by the voca7 tional rehabilitation program carried

8 out under this title; and

9 ‘‘(III) individuals with disabilities

10 served through other components of

11 the statewide workforce investment

12 system (other than the vocational re13 habilitation program), as identified by

14 such individuals and personnel assist15 ing such individuals through the com16 ponents;

17 ‘‘(ii) include an assessment of the

18 need to establish, develop, or improve com19 munity rehabilitation programs within the

20 State; and

21 ‘‘(iii) provide that the State shall sub22 mit to the Commissioner a report contain23 ing information regarding updates to the

24 assessments, for any year in which the

25 State updates the assessments.
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1 ‘‘(B) ANNUAL ESTIMATES.—The State

2 plan shall include, and shall provide that the

3 State shall annually submit a report to the

4 Commissioner that includes, State estimates

5 of—

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

7 State who are eligible for services under

8 this title;

9 ‘‘(ii) the number of such individuals

10 who will receive services provided with

11 funds provided under part B and under

12 part C of title VI, including, if the des13 ignated State agency uses an order of se14 lection in accordance with paragraph (5),

15 estimates of the number of individuals to

16 be served under each priority category

17 within the order; and

18 ‘‘(iii) the costs of the services de19 scribed in clause (i), including, if the des20 ignated State agency uses an order of se21 lection in accordance with paragraph (5),

22 the service costs for each priority category

23 within the order.

24 ‘‘(C) GOALS AND PRIORITIES.—
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1 ‘‘(i) IN GENERAL.—The State plan

2 shall identify the goals and priorities of the

3 State in carrying out the program. The

4 goals and priorities shall be jointly devel5 oped, agreed to, and reviewed annually by

6 the designated State unit and the State

7 Rehabilitation Council, if the State has

8 such a Council. Any revisions to the goals

9 and priorities shall be jointly agreed to by

10 the designated State unit and the State

11 Rehabilitation Council, if the State has

12 such a Council. The State plan shall pro13 vide that the State shall submit to the

14 Commissioner a report containing informa15 tion regarding revisions in the goals and

16 priorities, for any year in which the State

17 revises the goals and priorities.

18 ‘‘(ii) BASIS.—The State goals and pri19 orities shall be based on an analysis of—

20 ‘‘(I) the comprehensive assess21 ment described in subparagraph (A),

22 including any updates to the assess23 ment;
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1 ‘‘(II) the performance of the

2 State on the standards and indicators

3 established under section 106; and

4 ‘‘(III) other available information

5 on the operation and the effectiveness

6 of the vocational rehabilitation pro7 gram carried out in the State, includ8 ing any reports received from the

9 State Rehabilitation Council, under

10 section 105(c) and the findings and

11 recommendations from monitoring ac12 tivities conducted under section 107.

13 ‘‘(iii) SERVICE AND OUTCOME GOALS

14 FOR CATEGORIES IN ORDER OF SELEC15 TION.—If the designated State agency uses

16 an order of selection in accordance with

17 paragraph (5), the State shall also identify

18 in the State plan service and outcome

19 goals and the time within which these

20 goals may be achieved for individuals in

21 each priority category within the order.

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

23 contain a description of the strategies the State

24 will use to address the needs identified in the

25 assessment conducted under subparagraph (A)
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1 and achieve the goals and priorities identified in

2 subparagraph (C), including—

3 ‘‘(i) the methods to be used to expand

4 and improve services to individuals with

5 disabilities, including how a broad range of

6 assistive technology services and assistive

7 technology devices will be provided to such

8 individuals at each stage of the rehabilita9 tion process and how such services and de10 vices will be provided to such individuals

11 on a statewide basis;

12 ‘‘(ii) outreach procedures to identify

13 and serve individuals with disabilities who

14 are minorities and individuals with disabil15 ities who have been unserved or under16 served by the vocational rehabilitation pro17 gram;

18 ‘‘(iii) where necessary, the plan of the

19 State for establishing, developing, or im20 proving community rehabilitation pro21 grams;

22 ‘‘(iv) strategies to improve the per23 formance of the State with respect to the

24 evaluation standards and performance indi-
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1 cators established pursuant to section 106;

2 and

3 ‘‘(v) strategies for assisting entities

4 carrying out other components of the

5 statewide workforce investment system

6 (other than the vocational rehabilitation

7 program) in assisting individuals with dis8 abilities.

9 ‘‘(E) EVALUATION AND REPORTS OF

10 PROGRESS.—The State plan shall—

11 ‘‘(i) include the results of an evalua12 tion of the effectiveness of the vocational

13 rehabilitation program, and a joint report

14 by the designated State unit and the State

15 Rehabilitation Council, if the State has

16 such a Council, to the Commissioner on

17 the progress made in improving the effec18 tiveness from the previous year, which

19 evaluation and report shall include—

20 ‘‘(I) an evaluation of the extent

21 to which the goals identified in sub22 paragraph (C) were achieved;

23 ‘‘(II) a description of strategies

24 that contributed to achieving the

25 goals;
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1 ‘‘(III) to the extent to which the

2 goals were not achieved, a description

3 of the factors that impeded that

4 achievement; and

5 ‘‘(IV) an assessment of the per6 formance of the State on the stand7 ards and indicators established pursu8 ant to section 106; and

9 ‘‘(ii) provide that the designated State

10 unit and the State Rehabilitation Council,

11 if the State has such a Council, shall joint12 ly submit to the Commissioner an annual

13 report that contains the information de14 scribed in clause (i).

15 ‘‘(16) PUBLIC COMMENT.—The State plan

16 shall—

17 ‘‘(A) provide that the designated State

18 agency, prior to the adoption of any policies or

19 procedures governing the provision of vocational

20 rehabilitation services under the State plan (in21 cluding making any amendment to such policies

22 and procedures), shall conduct public meetings

23 throughout the State, after providing adequate

24 notice of the meetings, to provide the public, in25 cluding individuals with disabilities, an oppor-
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1 tunity to comment on the policies or proce2 dures, and actively consult with the Director of

3 the client assistance program carried out under

4 section 112, and, as appropriate, Indian tribes,

5 tribal organizations, and Native Hawaiian orga6 nizations on the policies or procedures; and

7 ‘‘(B) provide that the designated State

8 agency (or each designated State agency if 2

9 agencies are designated) and any sole agency

10 administering the plan in a political subdivision

11 of the State, shall take into account, in connec12 tion with matters of general policy arising in

13 the administration of the plan, the views of—

14 ‘‘(i) individuals and groups of individ15 uals who are recipients of vocational reha16 bilitation services, or in appropriate cases,

17 the individuals’ representatives;

18 ‘‘(ii) personnel working in programs

19 that provide vocational rehabilitation serv20 ices to individuals with disabilities;

21 ‘‘(iii) providers of vocational rehabili22 tation services to individuals with disabil23 ities;

24 ‘‘(iv) the director of the client assist25 ance program; and
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1 ‘‘(v) the State Rehabilitation Council,

2 if the State has such a Council.

3 ‘‘(17) PROHIBITION ON USE OF FUNDS FOR

4 CONSTRUCTION OF FACILITIES.—The State plan

5 shall contain an assurance that the State will not

6 use any funds made available under this title for the

7 construction of facilities.

8 ‘‘(18) INNOVATION AND EXPANSION ACTIVI9 TIES.—The State plan shall—

10 ‘‘(A) include an assurance that the State

11 will reserve and use a portion of the funds allot12 ted to the State under section 110—

13 ‘‘(i) for the development and imple14 mentation of innovative approaches to ex15 pand and improve the provision of voca16 tional rehabilitation services to individuals

17 with disabilities under this title, particu18 larly individuals with the most significant

19 disabilities, consistent with the findings of

20 the statewide assessment and goals and

21 priorities of the State as described in para22 graph (15); and

23 ‘‘(ii) to support the funding of—

24 ‘‘(I) the State Rehabilitation

25 Council, if the State has such a Coun-
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1 cil, consistent with the plan prepared

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

3 ‘‘(II) the Statewide Independent

4 Living Council, consistent with the

5 plan prepared under section

6 705(e)(1);

7 ‘‘(B) include a description of how the re8 served funds will be utilized; and

9 ‘‘(C) provide that the State shall submit to

10 the Commissioner an annual report containing

11 a description of how the reserved funds will be

12 utilized.

13 ‘‘(19) CHOICE.—The State plan shall include

14 an assurance that applicants and eligible individuals

15 or, as appropriate, the applicants’ representatives or

16 individuals’ representatives, will be provided infor17 mation and support services to assist the applicants

18 and individuals in exercising informed choice

19 throughout the rehabilitation process, consistent

20 with the provisions of section 102(d).

21 ‘‘(20) INFORMATION AND REFERRAL SERV22 ICES.—

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

24 include an assurance that the designated State

25 agency will implement an information and re-
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1 ferral system adequate to ensure that individ2 uals with disabilities will be provided accurate

3 vocational rehabilitation information, using ap4 propriate modes of communication, to assist

5 such individuals in preparing for, securing, re6 taining, or regaining employment, and will be

7 appropriately referred to Federal and State pro8 grams (other than the vocational rehabilitation

9 program carried out under this title), including

10 other components of the statewide workforce in11 vestment system in the State.

12 ‘‘(B) SERVICES.—In providing activities

13 through the system established under subpara14 graph (A), the State may include services con15 sisting of the provision of individualized coun16 seling and guidance, individualized vocational

17 exploration, supervised job placement referrals,

18 and assistance in securing reasonable accom19 modations for eligible individuals who do not

20 meet the order of selection criteria used by the

21 State, to the extent that such services are not

22 purchased by the designated State unit.

23 ‘‘(21) STATE INDEPENDENT CONSUMER-CON24 TROLLED COMMISSION; STATE REHABILITATION

25 COUNCIL.—
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1 ‘‘(A) COMMISSION OR COUNCIL.—The

2 State plan shall provide that either—

3 ‘‘(i) the designated State agency is an

4 independent commission that—

5 ‘‘(I) is responsible under State

6 law for operating, or overseeing the

7 operation of, the vocational rehabilita8 tion program in the State;

9 ‘‘(II) is consumer-controlled by

10 persons who—

11 ‘‘(aa) are individuals with

12 physical or mental impairments

13 that substantially limit major life

14 activities; and

15 ‘‘(bb) represent individuals

16 with a broad range of disabilities,

17 unless the designated State unit

18 under the direction of the com19 mission is the State agency for

20 individuals who are blind;

21 ‘‘(III) includes family members,

22 advocates, or other representatives, of

23 individuals with mental impairments;

24 and
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•S 1579 RS

1 ‘‘(IV) undertakes the functions

2 set forth in section 105(c)(4); or

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

4 Rehabilitation Council that meets the cri5 teria set forth in section 105 and the des6 ignated State unit—

7 ‘‘(I) in accordance with para8 graph (15), jointly develops, agrees to,

9 and reviews annually State goals and

10 priorities, and jointly submits annual

11 reports of progress with the Council;

12 ‘‘(II) regularly consults with the

13 Council regarding the development,

14 implementation, and revision of State

15 policies and procedures of general ap16 plicability pertaining to the provision

17 of vocational rehabilitation services;

18 ‘‘(III) includes in the State plan

19 and in any revision to the State plan,

20 a summary of input provided by the

21 Council, including recommendations

22 from the annual report of the Council

23 described in section 105(c)(5), the re24 view and analysis of consumer satis25 faction described in section 105(c)(4),
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1 and other reports prepared by the

2 Council, and the response of the des3 ignated State unit to such input and

4 recommendations, including expla5 nations for rejecting any input or rec6 ommendation; and

7 ‘‘(IV) transmits to the Council—

8 ‘‘(aa) all plans, reports, and

9 other information required under

10 this title to be submitted to the

11 Secretary;

12 ‘‘(bb) all policies, and infor13 mation on all practices and pro14 cedures, of general applicability

15 provided to or used by rehabilita16 tion personnel in carrying out

17 this title; and

18 ‘‘(cc) copies of due process

19 hearing decisions issued under

20 this title, which shall be trans21 mitted in such a manner as to

22 ensure that the identity of the

23 participants in the hearings is

24 kept confidential.
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1 ‘‘(B) MORE THAN 1 DESIGNATED STATE

2 AGENCY.—In the case of a State that, under

3 section 101(a)(2), designates a State agency to

4 administer the part of the State plan under

5 which vocational rehabilitation services are pro6 vided for individuals who are blind (or to super7 vise the administration of such part by a local

8 agency) and designates a separate State agency

9 to administer the rest of the State plan, the

10 State shall either establish a State Rehabilita11 tion Council for each of the 2 agencies that

12 does not meet the requirements in subpara13 graph (A)(i), or establish 1 State Rehabilitation

14 Council for both agencies if neither agency

15 meets the requirements of subparagraph (A)(i).

16 ‘‘(22) SUPPORTED EMPLOYMENT STATE PLAN

17 SUPPLEMENT.—The State plan shall include an as18 surance that the State has an acceptable plan for

19 carrying out part C of title VI, including the use of

20 funds under that part to supplement funds made

21 available under part B of this title to pay for the

22 cost of services leading to supported employment.

23 ‘‘(23) ELECTRONIC AND INFORMATION TECH24 NOLOGY REGULATIONS.—The State plan shall in25 clude an assurance that the State, and any recipient
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1 or subrecipient of funds made available to the State

2 under this title—

3 ‘‘(A) will comply with the requirements of

4 section 508, including the regulations estab5 lished under that section; and

6 ‘‘(B) will designate an employee to coordi7 nate efforts to comply with section 508 and will

8 adopt grievance procedures that incorporate due

9 process standards and provide for the prompt

10 and equitable resolution of complaints concern11 ing such requirements.

12 ‘‘(24) ANNUAL UPDATES.—The plan shall in13 clude an assurance that the State will submit to the

14 Commissioner reports containing annual updates of

15 the information required under paragraph (7) (relat16 ing to a comprehensive system of personnel develop17 ment) and any other updates of the information re18 quired under this section that are requested by the

19 Commissioner, and annual reports as provided in

20 paragraphs (15) (relating to assessments, estimates,

21 goals and priorities, and reports of progress) and

22 (18) (relating to innovation and expansion), at such

23 time and in such manner as the Secretary may de24 termine to be appropriate.
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1 ‘‘(b) APPROVAL; DISAPPROVAL OF THE STATE

2 PLAN.—

3 ‘‘(1) APPROVAL.—The Commissioner shall ap4 prove any plan that the Commissioner finds fulfills

5 the conditions specified in this section, and shall dis6 approve any plan that does not fulfill such condi7 tions.

8 ‘‘(2) DISAPPROVAL.—Prior to disapproval of

9 the State plan, the Commissioner shall notify the

10 State of the intention to disapprove the plan and

11 shall afford the State reasonable notice and oppor12 tunity for a hearing.

13 ‘‘SEC. 102. ELIGIBILITY AND INDIVIDUALIZED REHABILITA14 TION EMPLOYMENT PLAN.

15 ‘‘(a) ELIGIBILITY.—

16 ‘‘(1) CRITERION FOR ELIGIBILITY.—An individ17 ual is eligible for assistance under this title if the in18 dividual—

19 ‘‘(A) is an individual with a disability

20 under section 7(20)(A); and

21 ‘‘(B) requires vocational rehabilitation

22 services to prepare for, secure, retain, or regain

23 employment.

24 ‘‘(2) PRESUMPTION OF BENEFIT.—
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1 ‘‘(A) DEMONSTRATION.—For purposes of

2 this section, an individual shall be presumed to

3 be an individual that can benefit in terms of an

4 employment outcome from vocational rehabilita5 tion services under section 7(20)(A), unless the

6 designated State unit involved can demonstrate

7 by clear and convincing evidence that such indi8 vidual is incapable of benefiting in terms of an

9 employment outcome from vocational rehabilita10 tion services due to the severity of the disability

11 of the individual.

12 ‘‘(B) METHODS.—In making the dem13 onstration required under subparagraph (A),

14 the designated State unit shall explore the indi15 vidual’s abilities, capabilities, and capacity to

16 perform in work situations, through the use of

17 trial work experiences, as described in section

18 7(2)(D), with appropriate supports provided

19 through the designated State unit, except under

20 limited circumstances when an individual can

21 not take advantage of such experiences. Such

22 experiences shall be of sufficient variety and

23 over a sufficient period of time to determine the

24 eligibility of the individual or to determine the

25 existence of clear and convincing evidence that
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1 the individual is incapable of benefiting in

2 terms of an employment outcome from voca3 tional rehabilitation services due to the severity

4 of the disability of the individual.

5 ‘‘(3) PRESUMPTION OF ELIGIBILITY.—For pur6 poses of this section, an individual who has a disabil7 ity or is blind as determined pursuant to title II or

8 title XVI of the Social Security Act (42 U.S.C. 401

9 et seq. and 1381 et seq.) shall be—

10 ‘‘(A) considered to be an individual with a

11 significant disability under section 7(21)(A);

12 and

13 ‘‘(B) presumed to be eligible for vocational

14 rehabilitation services under this title (provided

15 that the individual intends to achieve an em16 ployment outcome consistent with the unique

17 strengths, resources, priorities, concerns, abili18 ties, capabilities, interests, and informed choice

19 of the individual) unless the designated State

20 unit involved can demonstrate by clear and con21 vincing evidence that such individual is incapa22 ble of benefiting in terms of an employment

23 outcome from vocational rehabilitation services

24 due to the severity of the disability of the indi25 vidual in accordance with paragraph (2).
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1 ‘‘(4) USE OF EXISTING INFORMATION.—

2 ‘‘(A) IN GENERAL.—To the maximum ex3 tent appropriate and consistent with the re4 quirements of this part, for purposes of deter5 mining the eligibility of an individual for voca6 tional rehabilitation services under this title and

7 developing the individualized rehabilitation em8 ployment plan described in subsection (b) for

9 the individual, the designated State unit shall

10 use information that is existing and current (as

11 of the date of the determination of eligibility or

12 of the development of the individualized reha13 bilitation employment plan), including informa14 tion available from other programs and provid15 ers, particularly information used by education

16 officials and the Social Security Administration,

17 information provided by the individual and the

18 family of the individual, and information ob19 tained under the assessment for determining

20 eligibility and vocational rehabilitation needs.

21 ‘‘(B) DETERMINATIONS BY OFFICIALS OF

22 OTHER AGENCIES.—Determinations made by

23 officials of other agencies, particularly edu24 cation officials described in section

25 101(a)(11)(D), regarding whether an individual
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1 satisfies 1 or more factors relating to whether

2 an individual is an individual with a disability

3 under section 7(20)(A) or an individual with a

4 significant disability under section 7(21)(A)

5 shall be used, to the extent appropriate and

6 consistent with the requirements of this part,

7 in assisting the designated State unit in making

8 such determinations.

9 ‘‘(C) BASIS.—The determination of eligi10 bility for vocational rehabilitation services shall

11 be based on—

12 ‘‘(i) the review of existing data de13 scribed in section 7(2)(A)(i); and

14 ‘‘(ii) to the extent that such data is

15 unavailable or insufficient for determining

16 eligibility, the provision of assessment ac17 tivities described in section 7(2)(A)(ii).

18 ‘‘(5) DETERMINATION OF INELIGIBILITY.—If

19 an individual who applies for services under this title

20 is determined, based on the review of existing data

21 and, to the extent necessary, the assessment activi22 ties described in section 7(2)(A)(ii), not to be eligible

23 for the services, or if an eligible individual receiving

24 services under an individualized rehabilitation em-
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1 ployment plan is determined to be no longer eligible

2 for the services—

3 ‘‘(A) the ineligibility determination in4 volved shall be made only after providing an op5 portunity for full consultation with the individ6 ual or, as appropriate, the individual’s rep7 resentative;

8 ‘‘(B) the individual or, as appropriate, the

9 individual’s representative, shall be informed in

10 writing (supplemented as necessary by other ap11 propriate modes of communication consistent

12 with the informed choice of the individual) of

13 the ineligibility determination, including—

14 ‘‘(i) the reasons for the determination;

15 and

16 ‘‘(ii) a description of the means by

17 which the individual may express, and seek

18 a remedy for, any dissatisfaction with the

19 determination, including the procedures for

20 review by an impartial hearing officer

21 under subsection (c);

22 ‘‘(C) the individual shall be provided with

23 a description of services available from the cli24 ent assistance program under section 112 and
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•S 1579 RS

1 information on how to contact that program;

2 and

3 ‘‘(D) any ineligibility determination that is

4 based on a finding that the individual is incapa5 ble of benefiting in terms of an employment

6 outcome shall be reviewed—

7 ‘‘(i) within 12 months; and

8 ‘‘(ii) annually thereafter, if such a re9 view is requested by the individual or, if

10 appropriate, by the individual’s representa11 tive.

12 ‘‘(6) TIMEFRAME FOR MAKING AN ELIGIBILITY

13 DETERMINATION.—The designated State unit shall

14 determine whether an individual is eligible for voca15 tional rehabilitation services under this title within a

16 reasonable period of time, not to exceed 60 days,

17 after the individual has submitted an application for

18 the services unless—

19 ‘‘(A) exceptional and unforeseen cir20 cumstances beyond the control of the des21 ignated State unit preclude making an eligi22 bility determination within 60 days and the des23 ignated State unit and the individual agree to

24 a specific extension of time; or
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1 ‘‘(B) the designated State unit is exploring

2 an individual’s abilities, capabilities, and capac3 ity to perform in work situations under para4 graph (2)(B).

5 ‘‘(b) DEVELOPMENT OF AN INDIVIDUALIZED REHA6 BILITATION EMPLOYMENT PLAN.—

7 ‘‘(1) OPTIONS FOR DEVELOPING AN INDIVID8 UALIZED REHABILITATION EMPLOYMENT PLAN.—If

9 an individual is determined to be eligible for voca10 tional rehabilitation services as described in sub11 section (a), the designated State unit shall complete

12 the assessment for determining eligibility and voca13 tional rehabilitation needs, as appropriate, and shall

14 provide the eligible individual or the individual’s rep15 resentative, in writing and in an appropriate mode

16 of communication, with information on the individ17 ual’s options for developing an individualized reha18 bilitation employment plan, including—

19 ‘‘(A) information on the availability of as20 sistance, to the extent determined to be appro21 priate by the eligible individual, from a quali22 fied vocational rehabilitation counselor in devel23 oping all or part of the individualized rehabilita24 tion employment plan for the individual, and

25 the availability of technical assistance in devel-
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1 oping all or part of the individualized rehabilita2 tion employment plan for the individual;

3 ‘‘(B) a description of the full range of com4 ponents that shall be included in an individual5 ized rehabilitation employment plan;

6 ‘‘(C) as appropriate—

7 ‘‘(i) an explanation of agency guide8 lines and criteria associated with financial

9 commitments concerning an individualized

10 rehabilitation employment plan;

11 ‘‘(ii) additional information the eligi12 ble individual requests or the designated

13 State unit determines to be necessary; and

14 ‘‘(iii) information on the availability of

15 assistance in completing designated State

16 agency forms required in developing an in17 dividualized rehabilitation employment

18 plan; and

19 ‘‘(D)(i) a description of the rights and

20 remedies available to such an individual includ21 ing, if appropriate, recourse to the processes set

22 forth in subsection (c); and

23 ‘‘(ii) a description of the availability of a

24 client assistance program established pursuant
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1 to section 112 and information about how to

2 contact the client assistance program.

3 ‘‘(2) MANDATORY PROCEDURES.—

4 ‘‘(A) WRITTEN DOCUMENT.—An individ5 ualized rehabilitation employment plan shall be

6 a written document prepared on forms provided

7 by the designated State unit.

8 ‘‘(B) INFORMED CHOICE.—An individual9 ized rehabilitation employment plan shall be de10 veloped and implemented in a manner that af11 fords eligible individuals the opportunity to ex12 ercise informed choice in selecting an employ13 ment outcome, the specific vocational rehabilita14 tion services to be provided under the plan, the

15 entity that will provide the vocational rehabilita16 tion services, and the methods used to procure

17 the services, consistent with subsection (d).

18 ‘‘(C) SIGNATORIES.—An individualized re19 habilitation employment plan shall be—

20 ‘‘(i) agreed to, and signed by, such eli21 gible individual or, as appropriate, the in22 dividual’s representative; and

23 ‘‘(ii) approved and signed by a quali24 fied vocational rehabilitation counselor em25 ployed by the designated State unit.
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1 ‘‘(D) COPY.—A copy of the individualized

2 rehabilitation employment plan for an eligible

3 individual shall be provided to the individual or,

4 as appropriate, to the individual’s representa5 tive, in writing and, if appropriate, in the native

6 language or mode of communication of the indi7 vidual or, as appropriate, of the individual’s

8 representative.

9 ‘‘(E) REVIEW AND AMENDMENT.—The in10 dividualized rehabilitation employment plan

11 shall be—

12 ‘‘(i) reviewed at least annually by—

13 ‘‘(I) a qualified vocational reha14 bilitation counselor; and

15 ‘‘(II) the eligible individual or, as

16 appropriate, the individual’s rep17 resentative; and

18 ‘‘(ii) amended, as necessary, by the in19 dividual or, as appropriate, the individual’s

20 representative, in collaboration with a rep21 resentative of the designated State agency

22 or a qualified vocational rehabilitation

23 counselor, if there are substantive changes

24 in the employment outcome, the vocational

25 rehabilitation services to be provided, or
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1 the service providers of the services (which

2 amendments shall not take effect until

3 agreed to and signed by the eligible indi4 vidual or, as appropriate, the individual’s

5 representative, and by a qualified voca6 tional rehabilitation counselor).

7 ‘‘(3) MANDATORY COMPONENTS OF AN INDIVID8 UALIZED REHABILITATION EMPLOYMENT PLAN.—

9 Regardless of the approach selected by an eligible in10 dividual to develop an individualized rehabilitation

11 employment plan, an individualized rehabilitation

12 employment plan shall, at a minimum, contain man13 datory components consisting of—

14 ‘‘(A) a description of the specific employ15 ment outcome that is chosen by the eligible in16 dividual, consistent with the unique strengths,

17 resources, priorities, concerns, abilities, capa18 bilities, interests, and informed choice of the eli19 gible individual, and, to the maximum extent

20 appropriate, results in employment in an inte21 grated setting;

22 ‘‘(B)(i) a description of the specific voca23 tional rehabilitation services that are—

24 ‘‘(I) needed to achieve the employ25 ment outcome, including, as appropriate,
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•S 1579 RS

1 the provision of assistive technology devices

2 and assistive technology services, and per3 sonal assistance services, including training

4 in the management of such services; and

5 ‘‘(II) provided in the most integrated

6 setting that is appropriate for the service

7 involved and is consistent with the in8 formed choice of the eligible individual;

9 and

10 ‘‘(ii) timelines for the achievement of the

11 employment outcome and for the initiation of

12 the services;

13 ‘‘(C) a description of the entity chosen by

14 the eligible individual or, as appropriate, the in15 dividual’s representative, that will provide the

16 vocational rehabilitation services, and the meth17 ods used to procure such services;

18 ‘‘(D) a description of criteria to evaluate

19 progress toward achievement of the employment

20 outcome;

21 ‘‘(E) the terms and conditions of the indi22 vidualized rehabilitation employment plan, in23 cluding, as appropriate, information describ24 ing—
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•S 1579 RS

1 ‘‘(i) the responsibilities of the des2 ignated State unit;

3 ‘‘(ii) the responsibilities of the eligible

4 individual, including—

5 ‘‘(I) the responsibilities the eligi6 ble individual will assume in relation

7 to the employment outcome of the in8 dividual;

9 ‘‘(II) if applicable, the participa10 tion of the eligible individual in paying

11 for the costs of the plan; and

12 ‘‘(III) the responsibility of the el13 igible individual with regard to apply14 ing for and securing comparable bene15 fits as described in section 101(a)(8);

16 and

17 ‘‘(iii) the responsibilities of other enti18 ties as the result of arrangements made

19 pursuant to comparable services or benefits

20 requirements as described in section

21 101(a)(8);

22 ‘‘(F) for an eligible individual with the

23 most significant disabilities for whom an em24 ployment outcome in a supported employment
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1 setting has been determined to be appropriate,

2 information identifying—

3 ‘‘(i) the extended services needed by

4 the eligible individual; and

5 ‘‘(ii) the source of extended services

6 or, to the extent that the source of the ex7 tended services cannot be identified at the

8 time of the development of the individual9 ized rehabilitation employment plan, a de10 scription of the basis for concluding that

11 there is a reasonable expectation that such

12 source will become available; and

13 ‘‘(G) as determined to be necessary, a

14 statement of projected need for post-employ15 ment services.

16 ‘‘(c) PROCEDURES.—

17 ‘‘(1) IN GENERAL.—Each State shall establish

18 procedures for mediation of, and procedures for re19 view through an impartial due process hearing of,

20 determinations made by personnel of the designated

21 State unit that affect the provision of vocational re22 habilitation services to applicants or eligible individ23 uals.

24 ‘‘(2) NOTIFICATION.—
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1 ‘‘(A) RIGHTS AND ASSISTANCE.—The pro2 cedures shall provide that an applicant or an el3 igible individual or, as appropriate, the appli4 cant’s representative or individual’s representa5 tive shall be notified of—

6 ‘‘(i) the right to obtain review of de7 terminations described in paragraph (1) in

8 an impartial due process hearing under

9 paragraph (5);

10 ‘‘(ii) the right to pursue mediation

11 with respect to the determinations under

12 paragraph (4); and

13 ‘‘(iii) the availability of assistance

14 from the client assistance program under

15 section 112.

16 ‘‘(B) TIMING.—Such notification shall be

17 provided in writing—

18 ‘‘(i) at the time an individual applies

19 for vocational rehabilitation services pro20 vided under this title;

21 ‘‘(ii) at the time the individualized re22 habilitation employment plan for the indi23 vidual is developed; and
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1 ‘‘(iii) upon reduction, suspension, or

2 cessation of vocational rehabilitation serv3 ices for the individual.

4 ‘‘(3) EVIDENCE AND REPRESENTATION.—The

5 procedures required under this subsection shall, at a

6 minimum—

7 ‘‘(A) provide an opportunity for an appli8 cant or an eligible individual, or, as appro9 priate, the applicant’s representative or individ10 ual’s representative, to submit at the mediation

11 session or hearing evidence and information to

12 support the position of the applicant or eligible

13 individual; and

14 ‘‘(B) include provisions to allow an appli15 cant or an eligible individual to be represented

16 in the mediation session or hearing by a person

17 selected by the applicant or eligible individual.

18 ‘‘(4) MEDIATION.—

19 ‘‘(A) PROCEDURES.—Each State shall en20 sure that procedures are established and imple21 mented under this subsection to allow parties

22 described in paragraph (1) to disputes involving

23 any determination described in paragraph (1)

24 to resolve such disputes through a mediation

25 process that, at a minimum, shall be available
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1 whenever a hearing is requested under this sub2 section.

3 ‘‘(B) REQUIREMENTS.—Such procedures

4 shall ensure that the mediation process—

5 ‘‘(i) is voluntary on the part of the

6 parties;

7 ‘‘(ii) is not used to deny or delay the

8 right of an individual to a hearing under

9 this subsection, or to deny any other right

10 afforded under this title; and

11 ‘‘(iii) is conducted by a qualified and

12 impartial mediator who is trained in effec13 tive mediation techniques.

14 ‘‘(C) LIST OF MEDIATORS.—The State

15 shall maintain a list of individuals who are

16 qualified mediators and knowledgeable in laws

17 (including regulations) relating to the provision

18 of vocational rehabilitation services under this

19 title, from which the mediators described in

20 subparagraph (B) shall be selected.

21 ‘‘(D) COST.—The State shall bear the cost

22 of the mediation process.

23 ‘‘(E) SCHEDULING.—Each session in the

24 mediation process shall be scheduled in a timely
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1 manner and shall be held in a location that is

2 convenient to the parties to the dispute.

3 ‘‘(F) AGREEMENT.—An agreement reached

4 by the parties to the dispute in the mediation

5 process shall be set forth in a written mediation

6 agreement.

7 ‘‘(G) CONFIDENTIALITY.—Discussions that

8 occur during the mediation process shall be con9 fidential and may not be used as evidence in

10 any subsequent due process hearing or civil pro11 ceeding. The parties to the mediation process

12 may be required to sign a confidentiality pledge

13 prior to the commencement of such process.

14 ‘‘(H) CONSTRUCTION.—Nothing in this

15 subsection shall be construed to preclude the

16 parties to such a dispute from informally resolv17 ing the dispute prior to proceedings under this

18 paragraph or paragraph (5), if the informal

19 process used is not used to deny or delay the

20 right of the applicant or eligible individual to a

21 hearing under this subsection or to deny any

22 other right afforded under this title.

23 ‘‘(5) HEARINGS.—

24 ‘‘(A) OFFICER.—A due process hearing de25 scribed in paragraph (2) shall be conducted by
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1 an impartial hearing officer who shall issue a

2 decision based on the provisions of the approved

3 State plan, this Act (including regulations im4 plementing this Act), and State regulations and

5 policies that are consistent with the Federal re6 quirements specified in this title. The officer

7 shall provide the decision in writing to the ap8 plicant or eligible individual, or, as appropriate,

9 the applicant’s representative or individual’s

10 representative, and to the designated State

11 unit.

12 ‘‘(B) LIST.—The designated State unit

13 shall maintain a list of qualified impartial hear14 ing officers who are knowledgeable in laws (in15 cluding regulations) relating to the provision of

16 vocational rehabilitation services under this title

17 from which the officer described in subpara18 graph (A) shall be selected. For the purposes of

19 maintaining such list, impartial hearing officers

20 shall be identified jointly by—

21 ‘‘(i) the designated State unit; and

22 ‘‘(ii) members of the Council or com23 mission, as appropriate, described in sec24 tion 101(a)(21).
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1 ‘‘(C) SELECTION.—Such an impartial

2 hearing officer shall be selected to hear a par3 ticular case relating to a determination—

4 ‘‘(i) on a random basis; or

5 ‘‘(ii) by agreement between—

6 ‘‘(I) the Director of the des7 ignated State unit and the individual

8 with a disability; or

9 ‘‘(II) in appropriate cases, the

10 Director and the individual’s rep11 resentative.

12 ‘‘(D) PROCEDURES FOR SEEKING RE13 VIEW.—A State may establish procedures to en14 able a party involved in a hearing under this

15 paragraph to seek an impartial review of the

16 decision of the hearing officer under subpara17 graph (A) by—

18 ‘‘(i) the chief official of the designated

19 State agency if the State has established

20 both a designated State agency and a des21 ignated State unit under section 101(a)(2);

22 or

23 ‘‘(ii) an official from the office of the

24 Governor or the chief official of another
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1 State office or agency that has supervisory

2 authority over the designated State agency.

3 ‘‘(E) REVIEW REQUEST.—If the State es4 tablishes impartial review procedures under

5 subparagraph (D), either party may request the

6 review of the decision of the hearing officer

7 within 20 days after the decision.

8 ‘‘(F) REVIEWING OFFICIAL.—The review9 ing official described in subparagraph (D)

10 shall—

11 ‘‘(i) in conducting the review, provide

12 an opportunity for the submission of addi13 tional evidence and information relevant to

14 a final decision concerning the matter

15 under review;

16 ‘‘(ii) not overturn or modify the deci17 sion of the hearing officer, or part of the

18 decision, that supports the position of the

19 applicant or eligible individual unless the

20 reviewing official concludes, based on clear

21 and convincing evidence, that the decision

22 of the impartial hearing officer is clearly

23 erroneous on the basis of being contrary to

24 the approved State plan, this Act (includ25 ing regulations implementing this Act) or
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1 any State regulation or policy that is con2 sistent with the Federal requirements spec3 ified in this title; and

4 ‘‘(iii) make a final decision with re5 spect to the matter in a timely manner and

6 provide such decision in writing to the ap7 plicant or eligible individual, or, as appro8 priate, the applicant’s representative or in9 dividual’s representative, and to the des10 ignated State unit, including a full report

11 of the findings and the grounds for such

12 decision.

13 ‘‘(G) FINALITY OF HEARING DECISION.—A

14 decision made after a hearing under subpara15 graph (A) shall be final, except that a party

16 may request an impartial review if the State

17 has established procedures for such review

18 under subparagraph (D) and a party involved

19 in a hearing may bring a civil action under sub20 paragraph (J).

21 ‘‘(H) FINALITY OF REVIEW.—A decision

22 made under subparagraph (F) shall be final un23 less such a party brings a civil action under

24 subparagraph (J).
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1 ‘‘(I) IMPLEMENTATION.—If a party brings

2 a civil action under subparagraph (J) to chal3 lenge a final decision of a hearing officer under

4 subparagraph (A) or to challenge a final deci5 sion of a State reviewing official under subpara6 graph (F), the final decision involved shall be

7 implemented pending review by the court.

8 ‘‘(J) CIVIL ACTION.—

9 ‘‘(i) IN GENERAL.—Any party ag10 grieved by a final decision described in

11 subparagraph (I), may bring a civil action

12 for review of such decision. The action may

13 be brought in any State court of competent

14 jurisdiction or in a district court of the

15 United States of competent jurisdiction

16 without regard to the amount in con17 troversy.

18 ‘‘(ii) PROCEDURE.—In any action

19 brought under this subparagraph, the

20 court—

21 ‘‘(I) shall receive the records re22 lating to the hearing under subpara23 graph (A) and the records relating to

24 the State review under subparagraphs

25 (D) through (F), if applicable;
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1 ‘‘(II) shall hear additional evi2 dence at the request of a party to the

3 action; and

4 ‘‘(III) basing the decision of the

5 court on the preponderance of the evi6 dence, shall grant such relief as the

7 court determines to be appropriate.

8 ‘‘(6) HEARING BOARD.—

9 ‘‘(A) IN GENERAL.—A fair hearing board,

10 established by a State before January 1, 1985,

11 and authorized under State law to review deter12 minations or decisions under this Act, is au13 thorized to carry out the responsibilities of the

14 impartial hearing officer under this subsection.

15 ‘‘(B) APPLICATION.—The provisions of

16 paragraphs (1), (2), and (3) that relate to due

17 process hearings do not apply, and paragraph

18 (5) (other than subparagraph (J)) does not

19 apply, to any State to which subparagraph (A)

20 applies.

21 ‘‘(7) IMPACT ON PROVISION OF SERVICES.—Un22 less the individual with a disability so requests, or,

23 in an appropriate case, the individual’s representa24 tive, so requests, pending a decision by a mediator,

25 hearing officer, or reviewing officer under this sub-
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1 section, the designated State unit shall not institute

2 a suspension, reduction, or termination of services

3 being provided for the individual, including evalua4 tion and assessment services and plan development,

5 unless such services have been obtained through mis6 representation, fraud, collusion, or criminal conduct

7 on the part of the individual, or the individual’s rep8 resentative.

9 ‘‘(8) INFORMATION COLLECTION AND RE10 PORT.—

11 ‘‘(A) IN GENERAL.—The Director of the

12 designated State unit shall collect information

13 described in subparagraph (B) and prepare and

14 submit to the Commissioner a report containing

15 such information. The Commissioner shall pre16 pare a summary of the information furnished

17 under this paragraph and include the summary

18 in the annual report submitted under section

19 13. The Commissioner shall also collect copies

20 of the final decisions of impartial hearing offi21 cers conducting hearings under this subsection

22 and State officials conducting reviews under

23 this subsection.
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1 ‘‘(B) INFORMATION.—The information re2 quired to be collected under this subsection in3 cludes—

4 ‘‘(i) a copy of the standards used by

5 State reviewing officials for reviewing deci6 sions made by impartial hearing officers

7 under this subsection;

8 ‘‘(ii) information on the number of

9 hearings and reviews sought from the im10 partial hearing officers and the State re11 viewing officials, including the type of com12 plaints and the issues involved;

13 ‘‘(iii) information on the number of

14 hearing decisions made under this sub15 section that were not reviewed by the State

16 reviewing officials; and

17 ‘‘(iv) information on the number of

18 the hearing decisions that were reviewed by

19 the State reviewing officials, and, based on

20 such reviews, the number of hearing deci21 sions that were—

22 ‘‘(I) sustained in favor of an ap23 plicant or eligible individual;

24 ‘‘(II) sustained in favor of the

25 designated State unit;
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1 ‘‘(III) reversed in whole or in

2 part in favor of the applicant or eligi3 ble individual; and

4 ‘‘(IV) reversed in whole or in

5 part in favor of the designated State

6 unit.

7 ‘‘(C) CONFIDENTIALITY.—The confiden8 tiality of records of applicants and eligible indi9 viduals maintained by the designated State unit

10 shall not preclude the access of the Commis11 sioner to those records for the purposes de12 scribed in subparagraph (A).

13 ‘‘(d) POLICIES AND PROCEDURES.—Each designated

14 State agency, in consultation with the State Rehabilitation

15 Council, if the State has such a council, shall, consistent

16 with section 100(a)(3)(C), develop and implement written

17 policies and procedures that enable each individual who

18 is an applicant for or eligible to receive vocational rehabili19 tation services under this title to exercise informed choice

20 throughout the vocational rehabilitation process carried

21 out under this title, including policies and procedures that

22 require the designated State agency—

23 ‘‘(1) to inform each such applicant and eligible

24 individual (including students with disabilities de25 scribed in section 101(a)(11)(D)(ii)(II) who are
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1 making the transition from programs under the re2 sponsibility of an educational agency to programs

3 under the responsibility of the designated State

4 unit), through appropriate modes of communication,

5 about the availability of, and opportunities to exer6 cise, informed choice, including the availability of

7 support services for individuals with cognitive or

8 other disabilities who require assistance in exercising

9 informed choice, throughout the vocational rehabili10 tation process;

11 ‘‘(2) to assist applicants and eligible individuals

12 in exercising informed choice in decisions related to

13 the provision of assessment services under this title;

14 ‘‘(3) to develop and implement flexible procure15 ment policies and methods that facilitate the provi16 sion of services, and that afford eligible individuals

17 meaningful choices among the methods used to pro18 cure services, under this title;

19 ‘‘(4) to provide or assist eligible individuals in

20 acquiring information that enables those individuals

21 to exercise informed choice under this title in the se22 lection of—

23 ‘‘(A) the employment outcome;
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1 ‘‘(B) the specific vocational rehabilitation

2 services needed to achieve the employment out3 come;

4 ‘‘(C) the entity that will provide the serv5 ices;

6 ‘‘(D) the employment setting and the set7 tings in which the services will be provided; and

8 ‘‘(E) the methods available for procuring

9 the services; and

10 ‘‘(5) to ensure that the availability and scope of

11 informed choice provided under this section is con12 sistent with the obligations of the designated State

13 agency under this title.

14 ‘‘SEC. 103. VOCATIONAL REHABILITATION SERVICES.

15 ‘‘(a) VOCATIONAL REHABILITATION SERVICES FOR

16 INDIVIDUALS.—Vocational rehabilitation services provided

17 under this title are any services described in an individual18 ized rehabilitation employment plan necessary to assist an

19 individual with a disability in preparing for, securing, re20 taining, or regaining an employment outcome that is con21 sistent with the strengths, resources, priorities, concerns,

22 abilities, capabilities, interests, and informed choice of the

23 individual, including—

24 ‘‘(1) an assessment for determining eligibility

25 and vocational rehabilitation needs by qualified per-
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1 sonnel, including, if appropriate, an assessment by

2 personnel skilled in rehabilitation technology;

3 ‘‘(2) counseling and guidance, including infor4 mation and support services to assist an individual

5 in exercising informed choice consistent with the

6 provisions of section 102(d);

7 ‘‘(3) referral and other services to secure need8 ed services from other agencies through agreements

9 developed under section 101(b)(11), if such services

10 are not available under this title;

11 ‘‘(4) job-related services, including job search

12 and placement assistance, job retention services, fol13 lowup services, and follow-along services;

14 ‘‘(5) vocational and other training services, in15 cluding the provision of personal and vocational ad16 justment services, books, tools, and other training

17 materials, except that no training services provided

18 at an institution of higher education shall be paid

19 for with funds under this title unless maximum ef20 forts have been made by the designated State unit

21 and the individual to secure grant assistance, in

22 whole or in part, from other sources to pay for such

23 training;

24 ‘‘(6) to the extent that financial support is not

25 readily available from a source (such as through
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1 health insurance of the individual or through com2 parable services and benefits consistent with section

3 101(a)(8)(A)), other than the designated State unit,

4 diagnosis and treatment of physical and mental im5 pairments, including—

6 ‘‘(A) corrective surgery or therapeutic

7 treatment necessary to correct or substantially

8 modify a physical or mental condition that con9 stitutes a substantial impediment to employ10 ment, but is of such a nature that such correc11 tion or modification may reasonably be expected

12 to eliminate or reduce such impediment to em13 ployment within a reasonable length of time;

14 ‘‘(B) necessary hospitalization in connec15 tion with surgery or treatment;

16 ‘‘(C) prosthetic and orthotic devices;

17 ‘‘(D) eyeglasses and visual services as pre18 scribed by qualified personnel who meet State

19 licensure laws and who are selected by the indi20 vidual;

21 ‘‘(E) special services (including transplan22 tation and dialysis), artificial kidneys, and sup23 plies necessary for the treatment of individuals

24 with end-stage renal disease; and
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1 ‘‘(F) diagnosis and treatment for mental

2 and emotional disorders by qualified personnel

3 who meet State licensure laws;

4 ‘‘(7) maintenance for additional costs incurred

5 while participating in an assessment for determining

6 eligibility and vocational rehabilitation needs or

7 while receiving services under an individualized reha8 bilitation employment plan;

9 ‘‘(8) transportation, including adequate training

10 in the use of public transportation vehicles and sys11 tems, that is provided in connection with the provi12 sion of any other service described in this section

13 and needed by the individual to achieve an employ14 ment outcome;

15 ‘‘(9) on-the-job or other related personal assist16 ance services provided while an individual is receiv17 ing other services described in this section;

18 ‘‘(10) interpreter services provided by qualified

19 personnel for individuals who are deaf or hard of

20 hearing, and reader services for individuals who are

21 determined to be blind, after an examination by

22 qualified personnel who meet State licensure laws;

23 ‘‘(11) rehabilitation teaching services, and ori24 entation and mobility services, for individuals who

25 are blind;
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1 ‘‘(12) occupational licenses, tools, equipment,

2 and initial stocks and supplies;

3 ‘‘(13) technical assistance and other consulta4 tion services to conduct market analyses, develop

5 business plans, and otherwise provide resources, to

6 the extent such resources are authorized to be pro7 vided under the statewide workforce investment sys8 tem, to eligible individuals who are pursuing self-em9 ployment or establishing a small business operation

10 as an employment outcome;

11 ‘‘(14) rehabilitation technology, including tele12 communications, sensory, and other technological

13 aids and devices;

14 ‘‘(15) transition services for students with dis15 abilities described in section 101(a)(11)(D)(ii)(II),

16 that facilitate the achievement of the employment

17 outcome identified in the individualized rehabilita18 tion employment plan;

19 ‘‘(16) supported employment services;

20 ‘‘(17) services to the family of an individual

21 with a disability necessary to assist the individual to

22 achieve an employment outcome; and

23 ‘‘(18) specific post-employment services nec24 essary to assist an individual with a disability to, re25 tain, regain, or advance in employment.
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1 ‘‘(b) VOCATIONAL REHABILITATION SERVICES FOR

2 GROUPS OF INDIVIDUALS.—Vocational rehabilitation serv3 ices provided for the benefit of groups of individuals with

4 disabilities may also include the following:

5 ‘‘(1) In the case of any type of small business

6 operated by individuals with significant disabilities

7 the operation of which can be improved by manage8 ment services and supervision provided by the des9 ignated State agency, the provision of such services

10 and supervision, along or together with the acquisi11 tion by the designated State agency of vending facili12 ties or other equipment and initial stocks and sup13 plies.

14 ‘‘(2) The establishment, development, or im15 provement of community rehabilitation programs,

16 that promise to contribute substantially to the reha17 bilitation of a group of individuals but that are not

18 related directly to the individualized rehabilitation

19 employment plan of any 1 individual with a disabil20 ity. Such programs shall be used to provide services

21 that promote integration and competitive employ22 ment.

23 ‘‘(3) The use of telecommunications systems

24 (including telephone, television, satellite, radio, and

25 other similar systems) that have the potential for
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1 substantially improving delivery methods of activities

2 described in this section and developing appropriate

3 programming to meet the particular needs of indi4 viduals with disabilities.

5 ‘‘(4)(A) Special services to provide nonvisual ac6 cess to information for individuals who are blind, in7 cluding the use of telecommunications, Braille,

8 sound recordings, or other appropriate media.

9 ‘‘(B) Captioned television, films, or video cas10 settes for individuals who are deaf or hard of hear11 ing.

12 ‘‘(C) Tactile materials for individuals who are

13 deaf-blind.

14 ‘‘(D) Other special services that provide infor15 mation through tactile, vibratory, auditory, and vis16 ual media.

17 ‘‘(5) Technical assistance and support services

18 to businesses that are not subject to title I of the

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

20 12111 et seq.) and that are seeking to employ indi21 viduals with disabilities.

22 ‘‘(6) Consultative and technical assistance serv23 ices to assist educational agencies in planning for

24 the transition of students with disabilities described
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1 in section 101(a)(11)(D)(i) from school to post2 school activities, including employment.

3 ‘‘SEC. 104. NON-FEDERAL SHARE FOR ESTABLISHMENT OF

4 PROGRAM.

5 ‘‘For the purpose of determining the amount of pay6 ments to States for carrying out part B of this title (or

7 to an Indian tribe under part C), the non-Federal share,

8 subject to such limitations and conditions as may be pre9 scribed in regulations by the Commissioner, shall include

10 contributions of funds made by any private agency, orga11 nization, or individual to a State or local agency to assist

12 in meeting the costs of establishment of a community re13 habilitation program, which would be regarded as State

14 or local funds except for the condition, imposed by the con15 tributor, limiting use of such funds to establishment of

16 such a program.’’.

17 ‘‘SEC. 105. STATE REHABILITATION COUNCIL.

18 ‘‘(a) ESTABLISHMENT.—

19 ‘‘(1) IN GENERAL.—Except as provided in sec20 tion 101(a)(21)(A)(i), to be eligible to receive finan21 cial assistance under this title a State shall establish

22 a State Rehabilitation Council (referred to in this

23 section as the ‘Council’) in accordance with this sec24 tion.
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1 ‘‘(2) SEPARATE AGENCY FOR INDIVIDUALS WHO

2 ARE BLIND.—A State that designates a State agency

3 to administer the part of the State plan under which

4 vocational rehabilitation services are provided for in5 dividuals who are blind under section

6 101(a)(2)(A)(i) may establish a separate Council in

7 accordance with this section to perform the duties of

8 such a Council with respect to such State agency.

9 ‘‘(b) COMPOSITION AND APPOINTMENT.—

10 ‘‘(1) COMPOSITION.—

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

12 a separate Council established under subsection

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

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

15 Statewide Independent Living Council es16 tablished under section 705, which rep17 resentative may be the chairperson or

18 other designee of the Council;

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

20 parent training and information center es21 tablished pursuant to section 682(a) of the

22 Individuals with Disabilities Education Act

23 (as added by section 101 of the Individuals

24 with Disabilities Education Act Amend25 ments of 1997; Public Law 105–17);
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1 ‘‘(iii) at least one representative of the

2 client assistance program established under

3 section 112;

4 ‘‘(iv) at least one vocational rehabili5 tation counselor, with knowledge of and ex6 perience with vocational rehabilitation pro7 grams, who shall serve as an ex officio,

8 nonvoting member of the Council if the

9 counselor is an employee of the designated

10 State agency;

11 ‘‘(v) at least one representative of

12 community rehabilitation program service

13 providers;

14 ‘‘(vi) four representatives of business,

15 industry, and labor;

16 ‘‘(vii) representatives of disability ad17 vocacy groups representing a cross section

18 of—

19 ‘‘(I) individuals with physical,

20 cognitive, sensory, and mental disabil21 ities; and

22 ‘‘(II) individuals’ representatives

23 of individuals with disabilities who

24 have difficulty in representing them-
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1 selves or are unable due to their dis2 abilities to represent themselves;

3 ‘‘(viii) current or former applicants

4 for, or recipients of, vocational rehabilita5 tion services;

6 ‘‘(ix) in a State in which one or more

7 projects are carried out under section 121,

8 at least one representative of the directors

9 of the projects;

10 ‘‘(x) at least one representative of the

11 State educational agency responsible for

12 the public education of students with dis13 abilities who are eligible to receive services

14 under this title and part B of the Individ15 uals with Disabilities Education Act; and

16 ‘‘(xi) at least one representative of the

17 statewide workforce investment partner18 ship.

19 ‘‘(B) SEPARATE COUNCIL.—In the case of

20 a separate Council established under subsection

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

22 ‘‘(i) at least one representative de23 scribed in subparagraph (A)(i);

24 ‘‘(ii) at least one representative de25 scribed in subparagraph (A)(ii);
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1 ‘‘(iii) at least one representative de2 scribed in subparagraph (A)(iii);

3 ‘‘(iv) at least one vocational rehabili4 tation counselor described in subparagraph

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

6 such subparagraph;

7 ‘‘(v) at least one representative de8 scribed in subparagraph (A)(v);

9 ‘‘(vi) four representatives described in

10 subparagraph (A)(vi);

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

12 disability advocacy group representing indi13 viduals who are blind;

14 ‘‘(viii) at least one individual’s rep15 resentative, of an individual who—

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

17 and has multiple disabilities; and

18 ‘‘(II) has difficulty in represent19 ing himself or herself or is unable due

20 to disabilities to represent himself or

21 herself;

22 ‘‘(ix) applicants or recipients de23 scribed in subparagraph (A)(viii);
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1 ‘‘(x) in a State described in subpara2 graph (A)(ix), at least one representative

3 described in such subparagraph;

4 ‘‘(xi) at least one representative de5 scribed in subparagraph (A)(x); and

6 ‘‘(xii) at least one representative de7 scribed in subparagraph (A)(xi).

8 ‘‘(C) EXCEPTION.—In the case of a sepa9 rate Council established under subsection

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

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

12 Rehabilitation Act Amendments of 1992, to

13 have fewer than 15 members shall be deemed to

14 be in compliance with subparagraph (B) if the

15 Council—

16 ‘‘(i) meets the requirements of sub17 paragraph (B), other than the require18 ments of clauses (vi) and (ix) of such sub19 paragraph; and

20 ‘‘(ii) includes at least—

21 ‘‘(I) one representative described

22 in subparagraph (B)(vi); and

23 ‘‘(II) one applicant or recipient

24 described in subparagraph (B)(ix).
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1 ‘‘(2) EX OFFICIO MEMBER.—The Director of

2 the designated State unit shall be an ex officio, non3 voting member of the Council.

4 ‘‘(3) APPOINTMENT.—Members of the Council

5 shall be appointed by the Governor. In the case of

6 a State that, under State law, vests appointment au7 thority in an entity in lieu of, or in conjunction with,

8 the Governor, such as one or more houses of the

9 State legislature, or an independent board that has

10 general appointment authority, that entity shall

11 make the appointments. The appointing authority

12 shall select members after soliciting recommenda13 tions from representatives of organizations rep14 resenting a broad range of individuals with disabil15 ities and organizations interested in individuals with

16 disabilities. In selecting members, the appointing au17 thority shall consider, to the greatest extent prac18 ticable, the extent to which minority populations are

19 represented on the Council.

20 ‘‘(4) QUALIFICATIONS.—A majority of Council

21 members shall be persons who are—

22 ‘‘(A) individuals with disabilities described

23 in section 7(20)(A); and

24 ‘‘(B) not employed by the designated State

25 unit.
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1 ‘‘(5) CHAIRPERSON.—

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

3 subparagraph (B), the Council shall select a

4 chairperson from among the membership of the

5 Council.

6 ‘‘(B) DESIGNATION BY GOVERNOR.—In

7 States in which the Governor does not have veto

8 power pursuant to State law, the Governor shall

9 designate a member of the Council to serve as

10 the chairperson of the Council or shall require

11 the Council to so designate such a member.

12 ‘‘(6) TERMS OF APPOINTMENT.—

13 ‘‘(A) LENGTH OF TERM.—Each member of

14 the Council shall serve for a term of not more

15 than 3 years, except that—

16 ‘‘(i) a member appointed to fill a va17 cancy occurring prior to the expiration of

18 the term for which a predecessor was ap19 pointed, shall be appointed for the remain20 der of such term; and

21 ‘‘(ii) the terms of service of the mem22 bers initially appointed shall be (as speci23 fied by the appointing authority) for such

24 fewer number of years as will provide for
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1 the expiration of terms on a staggered

2 basis.

3 ‘‘(B) NUMBER OF TERMS.—No member of

4 the Council, other than a representative de5 scribed in clause (iii) or (ix) of paragraph

6 (1)(A), or clause (iii) or (x) of paragraph

7 (1)(B), may serve more than two consecutive

8 full terms.

9 ‘‘(7) VACANCIES.—

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

11 subparagraph (B), any vacancy occurring in the

12 membership of the Council shall be filled in the

13 same manner as the original appointment. The

14 vacancy shall not affect the power of the re15 maining members to execute the duties of the

16 Council.

17 ‘‘(B) DELEGATION.—The Governor (in18 cluding an entity described in paragraph (3))

19 may delegate the authority to fill such a va20 cancy to the remaining members of the Council

21 after making the original appointment.

22 ‘‘(c) FUNCTIONS OF COUNCIL.—The Council shall,

23 after consulting with the statewide workforce investment

24 partnership—
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1 ‘‘(1) review, analyze, and advise the designated

2 State unit regarding the performance of the respon3 sibilities of the unit under this title, particularly re4 sponsibilities relating to—

5 ‘‘(A) eligibility (including order of selec6 tion);

7 ‘‘(B) the extent, scope, and effectiveness of

8 services provided; and

9 ‘‘(C) functions performed by State agen10 cies that affect or that potentially affect the

11 ability of individuals with disabilities in achiev12 ing employment outcomes under this title;

13 ‘‘(2) in partnership with the designated State

14 unit—

15 ‘‘(A) develop, agree to, and review State

16 goals and priorities in accordance with section

17 101(a)(15)(C); and

18 ‘‘(B) evaluate the effectiveness of the voca19 tional rehabilitation program and submit re20 ports of progress to the Commissioner in ac21 cordance with section 101(a)(15)(E);

22 ‘‘(3) advise the designated State agency and the

23 designated State unit regarding activities authorized

24 to be carried out under this title, and assist in the

25 preparation of the State plan and amendments to
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1 the plan, applications, reports, needs assessments,

2 and evaluations required by this title;

3 ‘‘(4) to the extent feasible, conduct a review

4 and analysis of the effectiveness of, and consumer

5 satisfaction with—

6 ‘‘(A) the functions performed by the des7 ignated State agency;

8 ‘‘(B) vocational rehabilitation services pro9 vided by State agencies and other public and

10 private entities responsible for providing voca11 tional rehabilitation services to individuals with

12 disabilities under this Act; and

13 ‘‘(C) employment outcomes achieved by eli14 gible individuals receiving services under this

15 title, including the availability of health and

16 other employment benefits in connection with

17 such employment outcomes;

18 ‘‘(5) prepare and submit an annual report to

19 the Governor or appropriate State entity and the

20 Commissioner on the status of vocational rehabilita21 tion programs operated within the State, and make

22 the report available to the public;

23 ‘‘(6) to avoid duplication of efforts and enhance

24 the number of individuals served, coordinate activi25 ties with the activities of other councils within the
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1 State, including the Statewide Independent Living

2 Council established under section 705, the advisory

3 panel established under section 612(a)(21) of the In4 dividual with Disabilities Education Act (as amend5 ed by section 101 of the Individuals with Disabilities

6 Education Act Amendments of 1997; Public Law

7 105–17), the State Developmental Disabilities Coun8 cil described in section 124 of the Developmental

9 Disabilities Assistance and Bill of Rights Act (42

10 U.S.C. 6024), the State mental health planning

11 council established under section 1914(a) of the

12 Public Health Service Act (42 U.S.C. 300x–4(a)),

13 and the statewide workforce investment partnership;

14 ‘‘(7) provide for coordination and the establish15 ment of working relationships between the des16 ignated State agency and the Statewide Independent

17 Living Council and centers for independent living

18 within the State; and

19 ‘‘(8) perform such other functions, consistent

20 with the purpose of this title, as the State Rehabili21 tation Council determines to be appropriate, that are

22 comparable to the other functions performed by the

23 Council.

24 ‘‘(d) RESOURCES.—
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1 ‘‘(1) PLAN.—The Council shall prepare, in con2 junction with the designated State unit, a plan for

3 the provision of such resources, including such staff

4 and other personnel, as may be necessary and suffi5 cient to carry out the functions of the Council under

6 this section. The resource plan shall, to the maxi7 mum extent possible, rely on the use of resources in

8 existence during the period of implementation of the

9 plan.

10 ‘‘(2) RESOLUTION OF DISAGREEMENTS.—To

11 the extent that there is a disagreement between the

12 Council and the designated State unit in regard to

13 the resources necessary to carry out the functions of

14 the Council as set forth in this section, the disagree15 ment shall be resolved by the Governor or appointing

16 agency consistent with paragraph (1).

17 ‘‘(3) SUPERVISION AND EVALUATION.—Each

18 Council shall, consistent with State law, supervise

19 and evaluate such staff and other personnel as may

20 be necessary to carry out its functions under this

21 section.

22 ‘‘(4) PERSONNEL CONFLICT OF INTEREST.—

23 While assisting the Council in carrying out its du24 ties, staff and other personnel shall not be assigned

25 duties by the designated State unit or any other
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1 agency or office of the State, that would create a

2 conflict of interest.

3 ‘‘(e) CONFLICT OF INTEREST.—No member of the

4 Council shall cast a vote on any matter that would provide

5 direct financial benefit to the member or otherwise give

6 the appearance of a conflict of interest under State law.

7 ‘‘(f) MEETINGS.—The Council shall convene at least

8 4 meetings a year in such places as it determines to be

9 necessary to conduct Council business and conduct such

10 forums or hearings as the Council considers appropriate.

11 The meetings, hearings, and forums shall be publicly an12 nounced. The meetings shall be open and accessible to the

13 general public unless there is a valid reason for an execu14 tive session.

15 ‘‘(g) COMPENSATION AND EXPENSES.—The Council

16 may use funds allocated to the Council by the designated

17 State unit under this title (except for funds appropriated

18 to carry out the client assistance program under section

19 112 and funds reserved pursuant to section 110(c) to

20 carry out part C) to reimburse members of the Council

21 for reasonable and necessary expenses of attending Coun22 cil meetings and performing Council duties (including

23 child care and personal assistance services), and to pay

24 compensation to a member of the Council, if such member

25 is not employed or must forfeit wages from other employ-
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1 ment, for each day the member is engaged in performing

2 the duties of the Council.

3 ‘‘(h) HEARINGS AND FORUMS.—The Council is au4 thorized to hold such hearings and forums as the Council

5 may determine to be necessary to carry out the duties of

6 the Council.

7 ‘‘SEC. 106. EVALUATION STANDARDS AND PERFORMANCE

8 INDICATORS.

9 ‘‘(a) ESTABLISHMENT.—

10 ‘‘(1) IN GENERAL.—

11 ‘‘(A) ESTABLISHMENT OF STANDARDS AND

12 INDICATORS.—The Commissioner shall, not

13 later than September 30, 1998, establish and

14 publish evaluation standards and performance

15 indicators for the vocational rehabilitation pro16 gram carried out under this title.

17 ‘‘(B) REVIEW AND REVISION.—Effective

18 September 30, 1998, the Commissioner shall

19 review and, if necessary, revise the evaluation

20 standards and performance indicators every 3

21 years. Any revisions of the standards and indi22 cators shall be developed with input from State

23 vocational rehabilitation agencies, related pro24 fessional and consumer organizations, recipients

25 of vocational rehabilitation services, and other
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1 interested parties. Any revisions of the stand2 ards and indicators shall be subject to the pub3 lication, review, and comment provisions of

4 paragraph (3).

5 ‘‘(C) BASES.—Effective July 1, 1999, to

6 the maximum extent practicable, the standards

7 and indicators shall be consistent with the core

8 indicators of performance established under sec9 tion 321(b) of the Workforce Investment Part10 nership Act of 1998.

11 ‘‘(2) MEASURES.—The standards and indica12 tors shall include outcome and related measures of

13 program performance that facilitate the accomplish14 ment of the purpose and policy of this title.

15 ‘‘(3) COMMENT.—The standards and indicators

16 shall be developed with input from State vocational

17 rehabilitation agencies, related professional and con18 sumer organizations, recipients of vocational reha19 bilitation services, and other interested parties. The

20 Commissioner shall publish in the Federal Register

21 a notice of intent to regulate regarding the develop22 ment of proposed standards and indicators. Pro23 posed standards and indicators shall be published in

24 the Federal Register for review and comment. Final
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1 standards and indicators shall be published in the

2 Federal Register.

3 ‘‘(b) COMPLIANCE.—

4 ‘‘(1) STATE REPORTS.—In accordance with reg5 ulations established by the Secretary, each State

6 shall report to the Commissioner after the end of

7 each fiscal year the extent to which the State is in

8 compliance with the standards and indicators.

9 ‘‘(2) PROGRAM IMPROVEMENT.—

10 ‘‘(A) PLAN.—If the Commissioner deter11 mines that the performance of any State is

12 below established standards, the Commissioner

13 shall provide technical assistance to the State,

14 and the State and the Commissioner shall joint15 ly develop a program improvement plan outlin16 ing the specific actions to be taken by the State

17 to improve program performance.

18 ‘‘(B) REVIEW.—The Commissioner shall—

19 ‘‘(i) review the program improvement

20 efforts of the State on a biannual basis

21 and, if necessary, request the State to

22 make further revisions to the plan to im23 prove performance; and

24 ‘‘(ii) continue to conduct such reviews

25 and request such revisions until the State
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1 sustains satisfactory performance over a

2 period of more than 1 year.

3 ‘‘(c) WITHHOLDING.—If the Commissioner deter4 mines that a State whose performance falls below the es5 tablished standards has failed to enter into a program im6 provement plan, or is not complying substantially with the

7 terms and conditions of such a program improvement

8 plan, the Commissioner shall, consistent with subsections

9 (c) and (d) of section 107, reduce or make no further pay10 ments to the State under this program, until the State

11 has entered into an approved program improvement plan,

12 or satisfies the Commissioner that the State is complying

13 substantially with the terms and conditions of such a pro14 gram improvement plan, as appropriate.

15 ‘‘(d) REPORT TO CONGRESS.—Beginning in fiscal

16 year 1999, the Commissioner shall include in each annual

17 report to the Congress under section 13 an analysis of

18 program performance, including relative State perform19 ance, based on the standards and indicators.

20 ‘‘SEC. 107. MONITORING AND REVIEW.

21 ‘‘(a) IN GENERAL.—

22 ‘‘(1) DUTIES.—In carrying out the duties of the

23 Commissioner under this title, the Commissioner

24 shall—
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1 ‘‘(A) provide for the annual review and

2 periodic onsite monitoring of programs under

3 this title; and

4 ‘‘(B) determine whether, in the administra5 tion of the State plan, a State is complying sub6 stantially with the provisions of such plan and

7 with evaluation standards and performance in8 dicators established under section 106.

9 ‘‘(2) PROCEDURES FOR REVIEWS.—In conduct10 ing reviews under this section the Commissioner

11 shall consider, at a minimum—

12 ‘‘(A) State policies and procedures;

13 ‘‘(B) guidance materials;

14 ‘‘(C) decisions resulting from hearings con15 ducted in accordance with due process;

16 ‘‘(D) State goals established under section

17 101(a)(15) and the extent to which the State

18 has achieved such goals;

19 ‘‘(E) plans and reports prepared under

20 section 106(b);

21 ‘‘(F) consumer satisfaction reviews and

22 analyses described in section 105(c)(4);

23 ‘‘(G) information provided by the State

24 Rehabilitation Council established under section

25 105, if the State has such a Council, or by the
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1 commission described in section

2 101(a)(21)(A)(i), if the State has such a com3 mission;

4 ‘‘(H) reports; and

5 ‘‘(I) budget and financial management

6 data.

7 ‘‘(3) PROCEDURES FOR MONITORING.—In con8 ducting monitoring under this section the Commis9 sioner shall conduct—

10 ‘‘(A) onsite visits, including onsite reviews

11 of records to verify that the State is following

12 requirements regarding the order of selection

13 set forth in section 101(a)(5)(A);

14 ‘‘(B) public hearings and other strategies

15 for collecting information from the public;

16 ‘‘(C) meetings with the State Rehabilita17 tion Council, if the State has such a Council or

18 with the commission described in section

19 101(a)(21)(A)(i), if the State has such a com20 mission;

21 ‘‘(D) reviews of individual case files, in22 cluding individualized rehabilitation employment

23 plans and ineligibility determinations; and

24 ‘‘(E) meetings with rehabilitation coun25 selors and other personnel.
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1 ‘‘(4) AREAS OF INQUIRY.—In conducting the

2 review and monitoring, the Commissioner shall ex3 amine—

4 ‘‘(A) the eligibility process;

5 ‘‘(B) the provision of services, including, if

6 applicable, the order of selection;

7 ‘‘(C) whether the personnel evaluation sys8 tem described in section 101(a)(7)(A)(iv) facili9 tates the accomplishments of the program;

10 ‘‘(D) such other areas as may be identified

11 by the public or through meetings with the

12 State Rehabilitation Council, if the State has

13 such a Council or with the commission de14 scribed in section 101(a)(21)(A)(i), if the State

15 has such a commission; and

16 ‘‘(E) such other areas of inquiry as the

17 Commissioner may consider appropriate.

18 ‘‘(5) REPORTS.—If the Commissioner issues a

19 report detailing the findings of an annual review or

20 onsite monitoring conducted under this section, the

21 report shall be made available to the State Rehabili22 tation Council, if the State has such a Council.

23 ‘‘(b) TECHNICAL ASSISTANCE.—The Commissioner

24 shall—
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1 ‘‘(1) provide technical assistance to programs

2 under this title regarding improving the quality of

3 vocational rehabilitation services provided; and

4 ‘‘(2) provide technical assistance and establish

5 a corrective action plan for a program under this

6 title if the Commissioner finds that the program

7 fails to comply substantially with the provisions of

8 the State plan, or with evaluation standards or per9 formance indicators established under section 106,

10 in order to ensure that such failure is corrected as

11 soon as practicable.

12 ‘‘(c) FAILURE TO COMPLY WITH PLAN.—

13 ‘‘(1) WITHHOLDING PAYMENTS.—Whenever the

14 Commissioner, after providing reasonable notice and

15 an opportunity for a hearing to the State agency ad16 ministering or supervising the administration of the

17 State plan approved under section 101, finds that—

18 ‘‘(A) the plan has been so changed that it

19 no longer complies with the requirements of

20 section 101(a); or

21 ‘‘(B) in the administration of the plan

22 there is a failure to comply substantially with

23 any provision of such plan or with an evaluation

24 standard or performance indicator established

25 under section 106,
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1 the Commissioner shall notify such State agency

2 that no further payments will be made to the State

3 under this title (or, in the discretion of the Commis4 sioner, that such further payments will be reduced,

5 in accordance with regulations the Commissioner

6 shall prescribe, or that further payments will not be

7 made to the State only for the projects under the

8 parts of the State plan affected by such failure),

9 until the Commissioner is satisfied there is no longer

10 any such failure.

11 ‘‘(2) PERIOD.—Until the Commissioner is so

12 satisfied, the Commissioner shall make no further

13 payments to such State under this title (or shall re14 duce payments or limit payments to projects under

15 those parts of the State plan in which there is no

16 such failure).

17 ‘‘(3) DISBURSAL OF WITHHELD FUNDS.—The

18 Commissioner may, in accordance with regulations

19 the Secretary shall prescribe, disburse any funds

20 withheld from a State under paragraph (1) to any

21 public or nonprofit private organization or agency

22 within such State or to any political subdivision of

23 such State submitting a plan meeting the require24 ments of section 101(a). The Commissioner may not

25 make any payment under this paragraph unless the
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1 entity to which such payment is made has provided

2 assurances to the Commissioner that such entity will

3 contribute, for purposes of carrying out such plan,

4 the same amount as the State would have been obli5 gated to contribute if the State received such pay6 ment.

7 ‘‘(d) REVIEW.—

8 ‘‘(1) PETITION.—Any State that is dissatisfied

9 with a final determination of the Commissioner

10 under section 101(b) or subsection (c) may file a pe11 tition for judicial review of such determination in the

12 United States Court of Appeals for the circuit in

13 which the State is located. Such a petition may be

14 filed only within the 30-day period beginning on the

15 date that notice of such final determination was re16 ceived by the State. The clerk of the court shall

17 transmit a copy of the petition to the Commissioner

18 or to any officer designated by the Commissioner for

19 that purpose. In accordance with section 2112 of

20 title 28, United States Code, the Commissioner shall

21 file with the court a record of the proceeding on

22 which the Commissioner based the determination

23 being appealed by the State. Until a record is so

24 filed, the Commissioner may modify or set aside any

25 determination made under such proceedings.
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1 ‘‘(2) SUBMISSIONS AND DETERMINATIONS.—If,

2 in an action under this subsection to review a final

3 determination of the Commissioner under section

4 101(b) or subsection (c), the petitioner or the Com5 missioner applies to the court for leave to have addi6 tional oral submissions or written presentations

7 made respecting such determination, the court may,

8 for good cause shown, order the Commissioner to

9 provide within 30 days an additional opportunity to

10 make such submissions and presentations. Within

11 such period, the Commissioner may revise any find12 ings of fact, modify or set aside the determination

13 being reviewed, or make a new determination by rea14 son of the additional submissions and presentations,

15 and shall file such modified or new determination,

16 and any revised findings of fact, with the return of

17 such submissions and presentations. The court shall

18 thereafter review such new or modified determina19 tion.

20 ‘‘(3) STANDARDS OF REVIEW.—

21 ‘‘(A) IN GENERAL.—Upon the filing of a

22 petition under paragraph (1) for judicial review

23 of a determination, the court shall have juris24 diction—
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1 ‘‘(i) to grant appropriate relief as pro2 vided in chapter 7 of title 5, United States

3 Code, except for interim relief with respect

4 to a determination under subsection (c);

5 and

6 ‘‘(ii) except as otherwise provided in

7 subparagraph (B), to review such deter8 mination in accordance with chapter 7 of

9 title 5, United States Code.

10 ‘‘(B) SUBSTANTIAL EVIDENCE.—Section

11 706 of title 5, United States Code, shall apply

12 to the review of any determination under this

13 subsection, except that the standard for review

14 prescribed by paragraph (2)(E) of such section

15 706 shall not apply and the court shall hold un16 lawful and set aside such determination if the

17 court finds that the determination is not sup18 ported by substantial evidence in the record of

19 the proceeding submitted pursuant to para20 graph (1), as supplemented by any additional

21 submissions and presentations filed under para22 graph (2).

23 ‘‘SEC. 108. EXPENDITURE OF CERTAIN AMOUNTS.

24 ‘‘(a) EXPENDITURE.—Amounts described in sub25 section (b) may not be expended by a State for any pur-
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1 pose other than carrying out programs for which the State

2 receives financial assistance under this title, under part

3 C of title VI, or under title VII.

4 ‘‘(b) AMOUNTS.—The amounts referred to in sub5 section (a) are amounts provided to a State under the So6 cial Security Act (42 U.S.C. 301 et seq.) as reimburse7 ment for the expenditure of payments received by the

8 State from allotments under section 110 of this Act.

9 ‘‘SEC. 109. TRAINING OF EMPLOYERS WITH RESPECT TO

10 AMERICANS WITH DISABILITIES ACT OF 1990.

11 ‘‘A State may expend payments received under sec12 tion 111—

13 ‘‘(1) to carry out a program to train employers

14 with respect to compliance with the requirements of

15 title I of the Americans with Disabilities Act of 1990

16 (42 U.S.C. 12111 et seq.); and

17 ‘‘(2) to inform employers of the existence of the

18 program and the availability of the services of the

19 program.

20 ‘‘PART B—BASIC VOCATIONAL REHABILITATION

21 SERVICES

22 ‘‘STATE ALLOTMENTS

23 ‘‘SEC. 110. (a)(1) Subject to the provisions of sub24 section (c), for each fiscal year beginning before October

25 1, 1978, each State shall be entitled to an allotment of
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1 an amount bearing the same ratio to the amount author2 ized to be appropriated under section 100(b)(1) for allot3 ment under this section as the product of—

4 ‘‘(A) the population of the State; and

5 ‘‘(B) the square of its allotment percentage,

6 bears to the sum of the corresponding products for all the

7 States.

8 ‘‘(2)(A) For each fiscal year beginning on or after

9 October 1, 1978, each State shall be entitled to an allot10 ment in an amount equal to the amount such State re11 ceived under paragraph (1) for the fiscal year ending Sep12 tember 30, 1978, and an additional amount determined

13 pursuant to subparagraph (B) of this paragraph.

14 ‘‘(B) For each fiscal year beginning on or after Octo15 ber 1, 1978, each State shall be entitled to an allotment,

16 from any amount authorized to be appropriated for such

17 fiscal year under section 100(b)(1) for allotment under

18 this section in excess of the amount appropriated under

19 section 100(b)(1)(A) for the fiscal year ending September

20 30, 1978, in an amount equal to the sum of—

21 ‘‘(i) an amount bearing the same ratio to 50

22 percent of such excess amount as the product of the

23 population of the State and the square of its allot24 ment percentage bears to the sum of the correspond25 ing products for all the States; and
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1 ‘‘(ii) an amount bearing the same ratio to 50

2 percent of such excess amount as the product of the

3 population of the State and its allotment percentage

4 bears to the sum of the corresponding products for

5 all the States.

6 ‘‘(3) The sum of the payment to any State (other

7 than Guam, American Samoa, the Virgin Islands, and the

8 Commonwealth of the Northern Mariana Islands) under

9 this subsection for any fiscal year which is less than one10 third of 1 percent of the amount appropriated under sec11 tion 100(b)(1), or $3,000,000, whichever is greater, shall

12 be increased to that amount, the total of the increases

13 thereby required being derived by proportionately reducing

14 the allotment to each of the remaining such States under

15 this subsection, but with such adjustments as may be nec16 essary to prevent the sum of the allotments made under

17 this subsection to any such remaining State from being

18 thereby reduced to less than that amount.

19 ‘‘(b)(1) Not later than forty-five days prior to the end

20 of the fiscal year, the Commissioner shall determine, after

21 reasonable opportunity for the submission to the Commis22 sioner of comments by the State agency administering or

23 supervising the program established under this title, that

24 any payment of an allotment to a State under section
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1 111(a) for any fiscal year will not be utilized by such State

2 in carrying out the purposes of this title.

3 ‘‘(2) As soon as practicable but not later than the

4 end of the fiscal year, the Commissioner shall make such

5 amount available for carrying out the purposes of this title

6 to one or more other States to the extent the Commis7 sioner determines such other State will be able to use such

8 additional amount during that fiscal year or the subse9 quent fiscal year for carrying out such purposes. The

10 Commissioner shall make such amount available only if

11 such other State will be able to make sufficient payments

12 from non-Federal sources to pay for the non-Federal share

13 of the cost of vocational rehabilitation services under the

14 State plan for the fiscal year for which the amount was

15 appropriated.

16 ‘‘(3) For the purposes of this part, any amount made

17 available to a State for any fiscal year pursuant to this

18 subsection shall be regarded as an increase of such State’s

19 allotment (as determined under the preceding provisions

20 of this section) for such year.

21 ‘‘(c)(1) For fiscal year 1987 and for each subsequent

22 fiscal year, the Commissioner shall reserve from the

23 amount appropriated under section 100(b)(1) for allot24 ment under this section a sum, determined under para25 graph (2), to carry out the purposes of part C.
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1 ‘‘(2) The sum referred to in paragraph (1) shall be,

2 as determined by the Secretary—

3 ‘‘(A) not less than three-quarters of 1 percent

4 and not more than 1.5 percent of the amount re5 ferred to in paragraph (1), for fiscal year 1998; and

6 ‘‘(B) not less than 1 percent and not more than

7 1.5 percent of the amount referred to in paragraph

8 (1), for each of fiscal years 1999 through 2004.

9 ‘‘PAYMENTS TO STATES

10 ‘‘SEC. 111. (a)(1) Except as provided in paragraph

11 (2), from each State’s allotment under this part for any

12 fiscal year, the Commissioner shall pay to a State an

13 amount equal to the Federal share of the cost of vocational

14 rehabilitation services under the plan for that State ap15 proved under section 101, including expenditures for the

16 administration of the State plan.

17 ‘‘(2)(A) The total of payments under paragraph (1)

18 to a State for a fiscal year may not exceed its allotment

19 under subsection (a) of section 110 for such year.

20 ‘‘(B) For fiscal year 1994 and each fiscal year there21 after, the amount otherwise payable to a State for a fiscal

22 year under this section shall be reduced by the amount

23 by which expenditures from non-Federal sources under the

24 State plan under this title for the previous fiscal year are

25 less than the total of such expenditures for the second fis26 cal year preceding the previous fiscal year.
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1 ‘‘(C) The Commissioner may waive or modify any re2 quirement or limitation under paragraphs (A) and (B) if

3 the Commissioner determines that a waiver or modifica4 tion is an equitable response to exceptional or uncontrol5 lable circumstances affecting the State.

6 ‘‘(b) The method of computing and paying amounts

7 pursuant to subsection (a) shall be as follows:

8 ‘‘(1) The Commissioner shall, prior to the be9 ginning of each calendar quarter or other period pre10 scribed by the Commissioner, estimate the amount

11 to be paid to each State under the provisions of such

12 subsection for such period, such estimate to be based

13 on such records of the State and information fur14 nished by it, and such other investigation as the

15 Commissioner may find necessary.

16 ‘‘(2) The Commissioner shall pay, from the al17 lotment available therefor, the amount so estimated

18 by the Commissioner for such period, reduced or in19 creased, as the case may be, by any sum (not pre20 viously adjusted under this paragraph) by which the

21 Commissioner finds that the estimate of the amount

22 to be paid the State for any prior period under such

23 subsection was greater or less than the amount

24 which should have been paid to the State for such

25 prior period under such subsection. Such payment
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1 shall be made prior to audit or settlement by the

2 General Accounting Office, shall be made through

3 the disbursing facilities of the Treasury Department,

4 and shall be made in such installments as the Com5 missioner may determine.

6 ‘‘CLIENT ASSISTANCE PROGRAM

7 ‘‘SEC. 112. (a) From funds appropriated under sub8 section (h), the Secretary shall, in accordance with this

9 section, make grants to States to establish and carry out

10 client assistance programs to provide assistance in inform11 ing and advising all clients and client applicants of all

12 available benefits under this Act, and, upon request of

13 such clients or client applicants, to assist and advocate

14 for such clients or applicants in their relationships with

15 projects, programs, and services provided under this Act,

16 including assistance and advocacy in pursuing legal, ad17 ministrative, or other appropriate remedies to ensure the

18 protection of the rights of such individuals under this Act

19 and to facilitate access to the services funded under this

20 Act through individual and systemic advocacy. The client

21 assistance program shall provide information on the avail22 able services and benefits under this Act and title I of

23 the Americans with Disabilities Act of 1990 (42 U.S.C.

24 12111 et seq.) to individuals with disabilities in the State,

25 especially with regard to individuals with disabilities who

26 have traditionally been unserved or underserved by voca-
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1 tional rehabilitation programs. In providing assistance and

2 advocacy under this subsection with respect to services

3 under this title, a client assistance program may provide

4 the assistance and advocacy with respect to services that

5 are directly related to facilitating the employment of the

6 individual.

7 ‘‘(b) No State may receive payments from its allot8 ment under this Act in any fiscal year unless the State

9 has in effect not later than October 1, 1984, a client as10 sistance program which—

11 ‘‘(1) has the authority to pursue legal, adminis12 trative, and other appropriate remedies to ensure the

13 protection of rights of individuals with disabilities

14 who are receiving treatments, services, or rehabilita15 tion under this Act within the State; and

16 ‘‘(2) meets the requirements of designation

17 under subsection (c).

18 ‘‘(c)(1)(A) The Governor shall designate a public or

19 private agency to conduct the client assistance program

20 under this section. Except as provided in the last sentence

21 of this subparagraph, the Governor shall designate an

22 agency which is independent of any agency which provides

23 treatment, services, or rehabilitation to individuals under

24 this Act. If there is an agency in the State which has,

25 or had, prior to the date of enactment of the Rehabilita-
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1 tion Amendments of 1984, served as a client assistance

2 agency under this section and which received Federal fi3 nancial assistance under this Act, the Governor may, in

4 the initial designation, designate an agency which provides

5 treatment, services, or rehabilitation to individuals with

6 disabilities under this Act.

7 ‘‘(B)(i) The Governor may not redesignate the agency

8 designated under subparagraph (A) without good cause

9 and unless—

10 ‘‘(I) the Governor has given the agency 30 days

11 notice of the intention to make such redesignation,

12 including specification of the good cause for such re13 designation and an opportunity to respond to the as14 sertion that good cause has been shown;

15 ‘‘(II) individuals with disabilities or the individ16 uals’ representatives have timely notice of the redes17 ignation and opportunity for public comment; and

18 ‘‘(III) the agency has the opportunity to appeal

19 to the Commissioner on the basis that the redesigna20 tion was not for good cause.

21 ‘‘(ii) If, after the date of enactment of the Rehabilita22 tion Act Amendments of 1998—

23 ‘‘(I) a designated State agency undergoes any

24 change in the organizational structure of the agency

25 that results in the creation of 1 or more new State
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1 agencies or departments or results in the merger of

2 the designated State agency with 1 or more other

3 State agencies or departments; and

4 ‘‘(II) an agency (including an office or other

5 unit) within the designated State agency was con6 ducting a client assistance program before the

7 change under the last sentence of subparagraph (A),

8 the Governor shall redesignate the agency conducting the

9 program. In conducting the redesignation, the Governor

10 shall designate to conduct the program an agency that is

11 independent of any agency that provides treatment, serv12 ices, or rehabilitation to individuals with disabilities under

13 this Act.

14 ‘‘(2) In carrying out the provisions of this section,

15 the Governor shall consult with the director of the State

16 vocational rehabilitation agency, the head of the develop17 mental disability protection and advocacy agency, and with

18 representatives of professional and consumer organiza19 tions serving individuals with disabilities in the State.

20 ‘‘(3) The agency designated under this subsection

21 shall be accountable for the proper use of funds made

22 available to the agency.

23 ‘‘(4) For the purpose of this subsection, the term

24 ‘Governor’ means the chief executive of the State.
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1 ‘‘(d) The agency designated under subsection (c) of

2 this section may not bring any class action in carrying

3 out its responsibilities under this section.

4 ‘‘(e)(1)(A) The Secretary shall allot the sums appro5 priated for each fiscal year under this section among the

6 States on the basis of relative population of each State,

7 except that no State shall receive less than $50,000.

8 ‘‘(B) The Secretary shall allot $30,000 each to Amer9 ican Samoa, Guam, the Virgin Islands, and the Common10 wealth of the Northern Mariana Islands.

11 ‘‘(C) For the purpose of this paragraph, the term

12 ‘State’ does not include American Samoa, Guam, the Vir13 gin Islands, and the Commonwealth of the Northern Mari14 ana Islands.

15 ‘‘(D)(i) In any fiscal year that the funds appropriated

16 for such fiscal year exceed $7,500,000, the minimum allot17 ment shall be $100,000 for States and $45,000 for terri18 tories.

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

20 appropriated under subsection (h) exceeds the total

21 amount appropriated under such subsection for the pre22 ceding fiscal year, the Secretary shall increase each of the

23 minimum allotments under clause (i) by a percentage that

24 shall not exceed the percentage increase in the total
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1 amount appropriated under such subsection between the

2 preceding fiscal year and the fiscal year involved.

3 ‘‘(2) The amount of an allotment to a State for a

4 fiscal year which the Secretary determines will not be re5 quired by the State during the period for which it is avail6 able for the purpose for which allotted shall be available

7 for reallotment by the Secretary at appropriate times to

8 other States with respect to which such a determination

9 has not been made, in proportion to the original allotments

10 of such States for such fiscal year, but with such propor11 tionate amount for any of such other States being reduced

12 to the extent it exceeds the sum the Secretary estimates

13 such State needs and will be able to use during such pe14 riod, and the total of such reduction shall be similarly real15 lotted among the States whose proportionate amounts

16 were not so reduced. Any such amount so reallotted to

17 a State for a fiscal year shall be deemed to be a part of

18 its allotment for such fiscal year.

19 ‘‘(3) Except as specifically prohibited by or as other20 wise provided in State law, the Secretary shall pay to the

21 agency designated under subsection (c) the amount speci22 fied in the application approved under subsection (f).

23 ‘‘(f) No grant may be made under this section unless

24 the State submits an application to the Secretary at such

25 time, in such manner, and containing or accompanied by
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1 such information as the Secretary deems necessary to

2 meet the requirements of this section.

3 ‘‘(g) The Secretary shall prescribe regulations appli4 cable to the client assistance program which shall include

5 the following requirements:

6 ‘‘(1) No employees of such programs shall,

7 while so employed, serve as staff or consultants of

8 any rehabilitation project, program, or facility re9 ceiving assistance under this Act in the State.

10 ‘‘(2) Each program shall be afforded reasonable

11 access to policymaking and administrative personnel

12 in the State and local rehabilitation programs,

13 projects, or facilities.

14 ‘‘(3)(A) Each program shall contain provisions

15 designed to assure that to the maximum extent pos16 sible alternative means of dispute resolution are

17 available for use at the discretion of an applicant or

18 client of the program prior to resorting to litigation

19 or formal adjudication to resolve a dispute arising

20 under this section.

21 ‘‘(B) In subparagraph (A), the term ‘alternative

22 means of dispute resolution’ means any procedure,

23 including good faith negotiation, conciliation, facili24 tation, mediation, fact finding factfinding, and arbi25 tration, and any combination of procedures, that is
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1 used in lieu of litigation in a court or formal adju2 dication in an administrative forum, to resolve a dis3 pute arising under this section.

4 ‘‘(4) For purposes of any periodic audit, report,

5 or evaluation of the performance of a client assist6 ance program under this section, the Secretary shall

7 not require such a program to disclose the identity

8 of, or any other personally identifiable information

9 related to, any individual requesting assistance

10 under such program.

11 ‘‘(h) There are authorized to be appropriated such

12 sums as may be necessary for fiscal years 1998 through

13 2004 to carry out the provisions of this section.

14 ‘‘PART C—AMERICAN INDIAN VOCATIONAL

15 REHABILITATION SERVICES

16 ‘‘VOCATIONAL REHABILITATION SERVICES GRANTS

17 ‘‘SEC. 121. (a) The Commissioner, in accordance with

18 the provisions of this part, may make grants to the gov19 erning bodies of Indian tribes located on Federal and

20 State reservations (and consortia of such governing bod21 ies) to pay 90 percent of the costs of vocational rehabilita22 tion services for American Indians who are individuals

23 with disabilities residing on such reservations. The non24 Federal share of such costs may be in cash or in kind,

25 fairly valued, and the Commissioner may waive such non-
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1 Federal share requirement in order to carry out the pur2 poses of this Act.

3 ‘‘(b)(1) No grant may be made under this part for

4 any fiscal year unless an application therefor has been

5 submitted to and approved by the Commissioner. The

6 Commissioner may not approve an application unless the

7 application—

8 ‘‘(A) is made at such time, in such manner, and

9 contains such information as the Commissioner may

10 require;

11 ‘‘(B) contains assurances that the rehabilitation

12 services provided under this part to American Indi13 ans who are individuals with disabilities residing on

14 a reservation in a State shall be, to the maximum

15 extent feasible, comparable to rehabilitation services

16 provided under this title to other individuals with

17 disabilities residing in the State and that, where ap18 propriate, may include services traditionally used by

19 Indian tribes; and

20 ‘‘(C) contains assurances that the application

21 was developed in consultation with the designated

22 State unit of the State.

23 ‘‘(2) The provisions of sections 5, 6, 7, and 102(a)

24 of the Indian Self-Determination and Education Assist25 ance Act shall be applicable to any application submitted
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1 under this part. For purposes of this paragraph, any ref2 erence in any such provision to the Secretary of Education

3 or to the Secretary of the Interior shall be considered to

4 be a reference to the Commissioner.

5 ‘‘(3) Any application approved under this part shall

6 be effective for not more than 60 months, except as deter7 mined otherwise by the Commissioner pursuant to pre8 scribed regulations. The State shall continue to provide

9 vocational rehabilitation services under its State plan to

10 American Indians residing on a reservation whenever such

11 State includes any such American Indians in its State pop12 ulation under section 110(a)(1).

13 ‘‘(4) In making grants under this part, the Secretary

14 shall give priority consideration to applications for the

15 continuation of programs which have been funded under

16 this part.

17 ‘‘(5) Nothing in this section may be construed to au18 thorize a separate service delivery system for Indian resi19 dents of a State who reside in non-reservation areas.

20 ‘‘(c) The term ‘reservation’ includes Indian reserva21 tions, public domain Indian allotments, former Indian res22 ervations in Oklahoma, and land held by incorporated Na23 tive groups, regional corporations, and village corporations

24 under the provisions of the Alaska Native Claims Settle25 ment Act.
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1 ‘‘PART D—VOCATIONAL REHABILITATION SERVICES

2 CLIENT INFORMATION

3 ‘‘SEC. 131. DATA SHARING.

4 ‘‘(a) IN GENERAL.—

5 ‘‘(1) MEMORANDUM OF UNDERSTANDING.—The

6 Secretary of Education and the Secretary of Health

7 and Human Services shall enter into a memorandum

8 of understanding for the purposes of exchanging

9 data of mutual importance—

10 ‘‘(A) that concern clients of designated

11 State agencies; and

12 ‘‘(B) that are data maintained either by—

13 ‘‘(i) the Rehabilitation Services Ad14 ministration, as required by section 13; or

15 ‘‘(ii) the Social Security Administra16 tion, from its Summary Earnings and

17 Records and Master Beneficiary Records.

18 ‘‘(2) LABOR MARKET INFORMATION.—The Sec19 retary of Labor shall provide the Commissioner with

20 labor market information that facilitates evaluation

21 by the Commissioner of the program carried out

22 under part B, and allows the Commissioner to com23 pare the progress of individuals with disabilities who

24 are assisted under the program in securing, retain25 ing, regaining, and advancing in employment with
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1 the progress made by individuals who are assisted

2 under title III of the Workforce Investment Partner3 ship Act of 1998.

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

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

6 described in subsection (a)(1)(B)(ii) shall not be consid7 ered return information (as defined in section 6103(b)(2)

8 of the Internal Revenue Code of 1986) and, as appro9 priate, the confidentiality of all client information shall be

10 maintained by the Rehabilitation Services Administration

11 and the Social Security Administration.’’.

12 SEC. 5. RESEARCH AND TRAINING.

13 Title II of the Rehabilitation Act of 1973 (29 U.S.C.

14 760 et seq.) is amended to read as follows:

15 ‘‘TITLE II—RESEARCH AND TRAINING

16 ‘‘DECLARATION OF PURPOSE

17 ‘‘SEC. 200. The purpose of this title is to—

18 ‘‘(1) provide for research, demonstration

19 projects, training, and related activities 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 of all ages, with particular emphasis

24 on improving the effectiveness of services authorized

25 under this Act;
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1 ‘‘(2) provide for a comprehensive and coordi2 nated approach to the support and conduct of such

3 research, demonstration projects, training, and relat4 ed activities and to ensure that the approach is in

5 accordance with the 5-year plan developed under

6 section 202(h);

7 ‘‘(3) promote the transfer of rehabilitation tech8 nology to individuals with disabilities through re9 search and demonstration projects relating to—

10 ‘‘(A) the procurement process for the pur11 chase of rehabilitation technology;

12 ‘‘(B) the utilization of rehabilitation tech13 nology on a national basis;

14 ‘‘(C) specific adaptations or customizations

15 of products to enable individuals with disabil16 ities to live more independently; and

17 ‘‘(D) the development or transfer of assist18 ive technology;

19 ‘‘(4) ensure the widespread distribution, in usa20 ble formats, of practical scientific and technological

21 information—

22 ‘‘(A) generated by research, demonstration

23 projects, training, and related activities; and

24 ‘‘(B) regarding state-of-the-art practices,

25 improvements in the services authorized under
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1 this Act, rehabilitation technology, and new

2 knowledge regarding disabilities,

3 to rehabilitation professionals, individuals with dis4 abilities, and other interested parties, including the

5 general public;

6 ‘‘(5) identify effective strategies that enhance

7 the opportunities of individuals with disabilities to

8 engage in employment, including employment involv9 ing telecommuting and self-employment; and

10 ‘‘(6) increase opportunities for researchers who

11 are members of traditionally underserved popu12 lations, including researchers who are members of

13 minority groups and researchers who are individuals

14 with disabilities.

15 ‘‘AUTHORIZATION OF APPROPRIATIONS

16 ‘‘SEC. 201. (a) There are authorized to be appro17 priated—

18 ‘‘(1) for the purpose of providing for the ex19 penses of the National Institute on Disability and

20 Rehabilitation Research under section 202, which

21 shall include the expenses of the Rehabilitation Re22 search Advisory Council under section 205, and shall

23 not include the expenses of such Institute to carry

24 out section 204, such sums as may be necessary for

25 each of fiscal years 1998 through 2004; and
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•S 1579 RS

1 ‘‘(2) to carry out section 204, such sums as

2 may be necessary for each of fiscal years 1998

3 through 2004.

4 ‘‘(b) Funds appropriated under this title shall remain

5 available until expended.

6 ‘‘NATIONAL INSTITUTE ON DISABILITY AND

7 REHABILITATION RESEARCH

8 ‘‘SEC. 202. (a)(1) There is established within the De9 partment of Education a National Institute on Disability

10 and Rehabilitation Research (hereinafter in this title re11 ferred to as the ‘Institute’), which shall be headed by a

12 Director (hereinafter in this title referred to as the ‘Direc13 tor’), in order to—

14 ‘‘(A) promote, coordinate, and provide for—

15 ‘‘(i) research;

16 ‘‘(ii) demonstration projects and training;

17 and

18 ‘‘(iii) related activities,

19 with respect to individuals with disabilities;

20 ‘‘(B) more effectively carry out activities

21 through the programs under section 204 and activi22 ties under this section;

23 ‘‘(C) widely disseminate information from the

24 activities described in subparagraphs (A) and (B);

25 and
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1 ‘‘(D) provide leadership in advancing the qual2 ity of life of individuals with disabilities.

3 ‘‘(2) In the performance of the functions of the office,

4 the Director shall be directly responsible to the Secretary

5 or to the same Under Secretary or Assistant Secretary of

6 the Department of Education to whom the Commissioner

7 is responsible under section 3(a).

8 ‘‘(b) The Director, through the Institute, shall be re9 sponsible for—

10 ‘‘(1) administering the programs described in

11 section 204 and activities under this section;

12 ‘‘(2) widely disseminating findings, conclusions,

13 and recommendations, resulting from research, dem14 onstration projects, training, and related activities

15 (referred to in this title as ‘covered activities’) fund16 ed by the Institute, to—

17 ‘‘(A) other Federal, State, tribal, and local

18 public agencies;

19 ‘‘(B) private organizations engaged in re20 search relating to rehabilitation or providing re21 habilitation services;

22 ‘‘(C) rehabilitation practitioners; and

23 ‘‘(D) individuals with disabilities and the

24 individuals’ representatives;
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1 ‘‘(3) coordinating, through the Interagency

2 Committee established by section 203 of this Act, all

3 Federal programs and policies relating to research in

4 rehabilitation;

5 ‘‘(4) widely disseminating educational materials

6 and research results, concerning ways to maximize

7 the full inclusion and integration into society, em8 ployment, independent living, family support, and

9 economic and social self-sufficiency of individuals

10 with disabilities, to—

11 ‘‘(A) public and private entities, includ12 ing—

13 ‘‘(i) elementary and secondary schools

14 (as defined in section 14101 of the Ele15 mentary and Secondary Education Act of

16 1965; and

17 ‘‘(ii) institutions of higher education;

18 ‘‘(B) rehabilitation practitioners;

19 ‘‘(C) individuals with disabilities (especially

20 such individuals who are members of minority

21 groups or of populations that are unserved or

22 underserved by programs under this Act); and

23 ‘‘(D) the individuals’ representatives for

24 the individuals described in subparagraph (C);
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1 ‘‘(5)(A) conducting an education program to in2 form the public about ways of providing for the re3 habilitation of individuals with disabilities, including

4 information relating to—

5 ‘‘(i) family care;

6 ‘‘(ii) self-care; and

7 ‘‘(iii) assistive technology devices and as8 sistive technology services; and

9 ‘‘(B) as part of the program, disseminating en10 gineering information about assistive technology de11 vices;

12 ‘‘(6) conducting conferences, seminars, and

13 workshops (including in-service training programs

14 and programs for individuals with disabilities) con15 cerning advances in rehabilitation research and reha16 bilitation technology (including advances concerning

17 the selection and use of assistive technology devices

18 and assistive technology services), pertinent to the

19 full inclusion and integration into society, employ20 ment, independent living, family support, and eco21 nomic and social self-sufficiency of individuals with

22 disabilities;

23 ‘‘(7) taking whatever action is necessary to keep

24 the Congress fully and currently informed with re25 spect to the implementation and conduct of pro-
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1 grams and activities carried out under this title, in2 cluding dissemination activities;

3 ‘‘(8) producing, in conjunction with the Depart4 ment of Labor, the National Center for Health Sta5 tistics, the Bureau of the Census, the Health Care

6 Financing Administration, the Social Security Ad7 ministration, the Bureau of Indian Affairs, the In8 dian Health Service, and other Federal departments

9 and agencies, as may be appropriate, statistical re10 ports and studies on the employment, health, in11 come, and other demographic characteristics of indi12 viduals with disabilities, including information on in13 dividuals with disabilities who live in rural or inner14 city settings, with particular attention given to un15 derserved populations, and widely disseminating

16 such reports and studies to rehabilitation profes17 sionals, individuals with disabilities, the individuals’

18 representatives, and others to assist in the planning,

19 assessment, and evaluation of vocational and other

20 rehabilitation services for individuals with disabil21 ities;

22 ‘‘(9) conducting research on consumer satisfac23 tion with vocational rehabilitation services for the

24 purpose of identifying effective rehabilitation pro25 grams and policies that promote the independence of
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1 individuals with disabilities and achievement of long2 term vocational goals;

3 ‘‘(10) conducting research to examine the rela4 tionship between the provision of specific services

5 and successful, sustained employment outcomes, in6 cluding employment outcomes involving self-employ7 ment; and

8 ‘‘(11) coordinating activities with the Attorney

9 General regarding the provision of information,

10 training, or technical assistance regarding the Amer11 icans with Disabilities Act of 1990 (42 U.S.C.

12 12101 et seq.) to ensure consistency with the plan

13 for technical assistance required under section 506

14 of such Act (42 U.S.C. 12206).

15 ‘‘(c)(1) The Director, acting through the Institute or

16 1 or more entities funded by the Institute, shall provide

17 for the development and dissemination of models to ad18 dress consumer-driven information needs related to assist19 ive technology devices and assistive technology services.

20 ‘‘(2) The development and dissemination of models

21 may include—

22 ‘‘(A) convening groups of individuals with dis23 abilities, family members and advocates of such indi24 viduals, commercial producers of assistive tech25 nology, and entities funded by the Institute to de-
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•S 1579 RS

1 velop, assess, and disseminate knowledge about in2 formation needs related to assistive technology;

3 ‘‘(B) identifying the types of information re4 garding assistive technology devices and assistive

5 technology services that individuals with disabilities

6 find especially useful;

7 ‘‘(C) evaluating current models, and developing

8 new models, for transmitting the information de9 scribed in subparagraph (B) to consumers and to

10 commercial producers of assistive technology; and

11 ‘‘(D) disseminating through 1 or more entities

12 funded by the Institute, the models described in sub13 paragraph (C) and findings regarding the informa14 tion described in subparagraph (B) to consumers

15 and commercial producers of assistive technology.

16 ‘‘(d)(1) The Director of the Institute shall be ap17 pointed by the Secretary. The Director shall be an individ18 ual with substantial experience in rehabilitation and in re19 search administration. The Director shall be compensated

20 at the rate payable for level V of the Executive Schedule

21 under section 5316 of title 5, United States Code. The

22 Director shall not delegate any of his functions to any offi23 cer who is not directly responsible to the Director.

24 ‘‘(2) There shall be a Deputy Director of the Institute

25 (referred to in this section as the ‘Deputy Director’) who
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1 shall be appointed by the Secretary. The Deputy Director

2 shall be an individual with substantial experience in reha3 bilitation and in research administration. The Deputy Di4 rector shall be compensated at the rate of pay for level

5 4 of the Senior Executive Service Schedule under section

6 5382 of title 5, United States Code, and shall act for the

7 Director during the absence of the Director or the inability

8 of the Director to perform the essential functions of the

9 job, exercising such powers as the Director may prescribe.

10 In the case of any vacancy in the office of the Director,

11 the Deputy Director shall serve as Director until a Direc12 tor is appointed under paragraph (1). The position created

13 by this paragraph shall be a Senior Executive Service posi14 tion, as defined in section 3132 of title 5, United States

15 Code.

16 ‘‘(3) The Director, subject to the approval of the

17 President, may appoint, for terms not to exceed three

18 years, without regard to the provisions of title 5, United

19 States Code, governing appointment in the competitive

20 service, and may compensate, without regard to the provi21 sions of chapter 51 and subchapter III of chapter 53 of

22 such title relating to classification and General Schedule

23 pay rates, such technical and professional employees of the

24 Institute as the Director determines to be necessary to ac25 complish the functions of the Institute and also appoint
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1 and compensate without regard to such provisions, in a

2 number not to exceed one-fifth of the number of full-time,

3 regular technical and professional employees of the Insti4 tute.

5 ‘‘(4) The Director may obtain the services of consult6 ants, without regard to the provisions of title 5, United

7 States Code, governing appointments in the competitive

8 service.

9 ‘‘(e) The Director, pursuant to regulations which the

10 Secretary shall prescribe, may establish and maintain fel11 lowships with such stipends and allowances, including

12 travel and subsistence expenses provided for under title

13 5, United States Code, as the Director considers necessary

14 to procure the assistance of highly qualified research fel15 lows, including individuals with disabilities, from the

16 United States and foreign countries.

17 ‘‘(f)(1) The Director shall, pursuant to regulations

18 that the Secretary shall prescribe, provide for scientific

19 peer review of all applications for financial assistance for

20 research, training, and demonstration projects over which

21 the Director has authority. The Director shall provide for

22 the review by utilizing, to the maximum extent possible,

23 appropriate peer review panels established within the In24 stitute. The panels shall be standing panels if the grant

25 period involved or the duration of the program involved
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1 is not more than 3 years. The panels shall be composed

2 of individuals who are not Federal employees, who are sci3 entists or other experts in the rehabilitation field (includ4 ing the independent living field), including knowledgeable

5 individuals with disabilities, and the individuals’ rep6 resentatives, and who are competent to review applications

7 for the financial assistance.

8 ‘‘(2) The Federal Advisory Committee Act (5 U.S.C.

9 App.) shall not apply to the panels.

10 ‘‘(3) The Director shall solicit nominations for such

11 panels from the public and shall publish the names of the

12 individuals selected. Individuals comprising each panel

13 shall be selected from a pool of qualified individuals to

14 facilitate knowledgeable, cost-effective review.

15 ‘‘(4) In providing for such scientific peer review, the

16 Secretary shall provide for training, as necessary and ap17 propriate, to facilitate the effective participation of those

18 individuals selected to participate in such review.

19 ‘‘(g) Not less than 90 percent of the funds appro20 priated under this title for any fiscal year shall be ex21 pended by the Director to carry out activities under this

22 title through grants, contracts, or cooperative agreements.

23 Up to 10 percent of the funds appropriated under this

24 title for any fiscal year may be expended directly for the
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1 purpose of carrying out the functions of the Director

2 under this section.

3 ‘‘(h)(1) The Director shall—

4 ‘‘(A) by October 1, 1998 and every fifth Octo5 ber 1 thereafter, prepare and publish in the Federal

6 Register for public comment a draft of a 5-year plan

7 that outlines priorities for rehabilitation research,

8 demonstration projects, training, and related activi9 ties and explains the basis for such priorities;

10 ‘‘(B) by June 1, 1999, and every fifth June 1

11 thereafter, after considering public comments, sub12 mit the plan in final form to the appropriate com13 mittees of Congress;

14 ‘‘(C) at appropriate intervals, prepare and sub15 mit revisions in the plan to the appropriate commit16 tees of Congress; and

17 ‘‘(D) annually prepare and submit progress re18 ports on the plan to the appropriate committees of

19 Congress.

20 ‘‘(2) Such plan shall—

21 ‘‘(A) identify any covered activity that should

22 be conducted under this section and section 204 re23 specting the full inclusion and integration into soci24 ety of individuals with disabilities, especially in the

25 area of employment;
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1 ‘‘(B) determine the funding priorities for cov2 ered activities to be conducted under this section

3 and section 204;

4 ‘‘(C) specify appropriate goals and timetables

5 for covered activities to be conducted under this sec6 tion and section 204;

7 ‘‘(D) be developed by the Director—

8 ‘‘(i) after consultation with the Rehabilita9 tion Research Advisory Council established

10 under section 205;

11 ‘‘(ii) in coordination with the Commis12 sioner;

13 ‘‘(iii) after consultation with the National

14 Council on Disability established under title IV,

15 the Secretary of Education, officials responsible

16 for the administration of the Developmental

17 Disabilities Assistance and Bill of Rights Act

18 (42 U.S.C. 6000 et seq.), and the Interagency

19 Committee on Disability Research established

20 under section 203; and

21 ‘‘(iv) after full consideration of the input of

22 individuals with disabilities and the individuals’

23 representatives, organizations representing indi24 viduals with disabilities, providers of services

25 furnished under this Act, researchers in the re-
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1 habilitation field, and any other persons or enti2 ties the Director considers to be appropriate;

3 ‘‘(E) specify plans for widespread dissemination

4 of the results of covered activities, in accessible for5 mats, to rehabilitation practitioners, individuals with

6 disabilities, and the individuals’ representatives; and

7 ‘‘(F) specify plans for widespread dissemination

8 of the results of covered activities that concern indi9 viduals with disabilities who are members of minor10 ity groups or of populations that are unserved or un11 derserved by programs carried out under this Act.

12 ‘‘(i) In order to promote cooperation among Federal

13 departments and agencies conducting research programs,

14 the Director shall consult with the administrators of such

15 programs, and with the Interagency Committee estab16 lished by section 203, regarding the design of research

17 projects conducted by such entities and the results and

18 applications of such research.

19 ‘‘(j)(1) The Director shall take appropriate actions

20 to provide for a comprehensive and coordinated research

21 program under this title. In providing such a program,

22 the Director may undertake joint activities with other

23 Federal entities engaged in research and with appropriate

24 private entities. Any Federal entity proposing to establish

25 any research project related to the purposes of this Act
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1 shall consult, through the Interagency Committee estab2 lished by section 203, with the Director as Chairperson

3 of such Committee and provide the Director with sufficient

4 prior opportunity to comment on such project.

5 ‘‘(2) Any person responsible for administering any

6 program of the National Institutes of Health, the Depart7 ment of Veterans Affairs, the National Science Founda8 tion, the National Aeronautics and Space Administration,

9 the Office of Special Education and Rehabilitative Serv10 ices, or of any other Federal entity, shall, through the

11 Interagency Committee established by section 203, consult

12 and cooperate with the Director in carrying out such pro13 gram if the program is related to the purposes of this title.

14 ‘‘(k) The Director shall make grants to institutions

15 of higher education for the training of rehabilitation re16 searchers, including individuals with disabilities, with par17 ticular attention to research areas that support the imple18 mentation and objectives of this Act and that improve the

19 effectiveness of services authorized under this Act.

20 ‘‘INTERAGENCY COMMITTEE

21 ‘‘SEC. 203. (a)(1) In order to promote coordination

22 and cooperation among Federal departments and agencies

23 conducting rehabilitation research programs, there is es24 tablished within the Federal Government an Interagency

25 Committee on Disability Research (hereinafter in this sec26 tion referred to as the ‘Committee’), chaired by the Direc-
219

•S 1579 RS

1 tor and comprised of such members as the President may

2 designate, including the following (or their designees): the

3 Director, the Commissioner of the Rehabilitation Services

4 Administration, the Assistant Secretary for Special Edu5 cation and Rehabilitative Services, the Secretary of Edu6 cation, the Secretary of Veterans Affairs, the Director of

7 the National Institutes of Health, the Director of the Na8 tional Institute of Mental Health, the Administrator of the

9 National Aeronautics and Space Administration, the Sec10 retary of Transportation, the Assistant Secretary of the

11 Interior for Indian Affairs, the Director of the Indian

12 Health Service, and the Director of the National Science

13 Foundation.

14 ‘‘(2) The Committee shall meet not less than four

15 times each year.

16 ‘‘(b) After receiving input from individuals with dis17 abilities and the individuals’ representatives, the Commit18 tee shall identify, assess, and seek to coordinate all Fed19 eral programs, activities, and projects, and plans for such

20 programs, activities, and projects with respect to the con21 duct of research related to rehabilitation of individuals

22 with disabilities.

23 ‘‘(c) The Committee shall annually submit to the

24 President and to the appropriate committees of the Con25 gress a report making such recommendations as the Com-
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•S 1579 RS

1 mittee deems appropriate with respect to coordination of

2 policy and development of objectives and priorities for all

3 Federal programs relating to the conduct of research re4 lated to rehabilitation of individuals with disabilities.

5 ‘‘RESEARCH AND OTHER COVERED ACTIVITIES

6 ‘‘SEC. 204. (a)(1) To the extent consistent with prior7 ities established in the 5-year plan described in section

8 202(h), the Director may make grants to and contracts

9 with States and public or private agencies and organiza10 tions, including institutions of higher education, Indian

11 tribes, and tribal organizations, to pay part of the cost

12 of projects for the purpose of planning and conducting re13 search, demonstration projects, training, and related ac14 tivities, the purposes of which are to develop methods, pro15 cedures, and rehabilitation technology, that maximize the

16 full inclusion and integration into society, employment,

17 independent living, family support, and economic and so18 cial self-sufficiency of individuals with disabilities, espe19 cially individuals with the most significant disabilities, and

20 improve the effectiveness of services authorized under this

21 Act.

22 ‘‘(2)(A) In carrying out this section, the Director

23 shall emphasize projects that support the implementation

24 of titles I, III, V, VI, and VII, including projects address25 ing the needs described in the State plans submitted under

26 section 101 or 704 by State agencies.
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1 ‘‘(B) Such projects, as described in the State plans

2 submitted by State agencies, may include—

3 ‘‘(i) medical and other scientific, technical,

4 methodological, and other investigations into the na5 ture of disability, methods of analyzing it, and re6 storative techniques, including basic research where

7 related to rehabilitation techniques or services;

8 ‘‘(ii) studies and analysis of industrial, voca9 tional, social, recreational, psychiatric, psychological,

10 economic, and other factors affecting rehabilitation

11 of individuals with disabilities;

12 ‘‘(iii) studies and analysis of special problems of

13 individuals who are homebound and individuals who

14 are institutionalized;

15 ‘‘(iv) studies, analyses, and demonstrations of

16 architectural and engineering design adapted to

17 meet the special needs of individuals with disabil18 ities;

19 ‘‘(v) studies, analyses, and other activities relat20 ed to supported employment;

21 ‘‘(vi) related activities which hold promise of in22 creasing knowledge and improving methods in the

23 rehabilitation of individuals with disabilities and in24 dividuals with the most significant disabilities, par25 ticularly individuals with disabilities, and individuals
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•S 1579 RS

1 with the most significant disabilities, who are mem2 bers of populations that are unserved or underserved

3 by programs under this Act; and

4 ‘‘(vii) studies, analyses, and other activities re5 lated to job accommodations, including the use of re6 habilitation engineering and assistive technology.

7 ‘‘(b)(1) In addition to carrying out projects under

8 subsection (a), the Director may make grants under this

9 subsection (referred to in this subsection as ‘research

10 grants’) to pay part or all of the cost of the research or

11 other specialized covered activities described in paragraphs

12 (2) through (18). A research grant made under any of

13 paragraphs (2) through (18) may only be used in a man14 ner consistent with priorities established in the 5-year plan

15 described in section 202(h).

16 ‘‘(2)(A) Research grants may be used for the estab17 lishment and support of Rehabilitation Research and

18 Training Centers, for the purpose of providing an inte19 grated program of research, which Centers shall—

20 ‘‘(i) be operated in collaboration with institu21 tions of higher education or providers of rehabilita22 tion services or other appropriate services; and

23 ‘‘(ii) serve as centers of national excellence and

24 national or regional resources for providers and indi-
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•S 1579 RS

1 viduals with disabilities and the individuals’ rep2 resentatives.

3 ‘‘(B) The Centers shall conduct research and training

4 activities by—

5 ‘‘(i) conducting coordinated and advanced pro6 grams of research in rehabilitation targeted toward

7 the production of new knowledge that will improve

8 rehabilitation methodology and service delivery sys9 tems, alleviate or stabilize disabling conditions, and

10 promote maximum social and economic independence

11 of individuals with disabilities, especially promoting

12 the ability of the individuals to prepare for, secure,

13 retain, regain, or advance in employment;

14 ‘‘(ii) providing training (including graduate,

15 pre-service, and in-service training) to assist individ16 uals to more effectively provide rehabilitation serv17 ices;

18 ‘‘(iii) providing training (including graduate,

19 pre-service, and in-service training) for rehabilitation

20 research personnel and other rehabilitation person21 nel; and

22 ‘‘(iv) serving as an informational and technical

23 assistance resource to providers, individuals with dis24 abilities, and the individuals’ representatives,

25 through conferences, workshops, public education
224

•S 1579 RS

1 programs, in-service training programs, and similar

2 activities.

3 ‘‘(C) The research to be carried out at each such Cen4 ter may include—

5 ‘‘(i) basic or applied medical rehabilitation re6 search;

7 ‘‘(ii) research regarding the psychological and

8 social aspects of rehabilitation, including disability

9 policy;

10 ‘‘(iii) research related to vocational rehabilita11 tion;

12 ‘‘(iv) continuation of research that promotes the

13 emotional, social, educational, and functional growth

14 of children who are individuals with disabilities;

15 ‘‘(v) continuation of research to develop and

16 evaluate interventions, policies, and services that

17 support families of those children and adults who

18 are individuals with disabilities; and

19 ‘‘(vi) continuation of research that will improve

20 services and policies that foster the productivity,

21 independence, and social integration of individuals

22 with disabilities, and enable individuals with disabil23 ities, including individuals with mental retardation

24 and other developmental disabilities, to live in their

25 communities.
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•S 1579 RS

1 ‘‘(D) Training of students preparing to be rehabilita2 tion personnel shall be an important priority for such a

3 Center.

4 ‘‘(E) The Director shall make grants under this para5 graph to establish and support both comprehensive centers

6 dealing with multiple disabilities and centers primarily fo7 cused on particular disabilities.

8 ‘‘(F) Grants made under this paragraph may be used

9 to provide funds for services rendered by such a Center

10 to individuals with disabilities in connection with the re11 search and training activities.

12 ‘‘(G) Grants made under this paragraph may be used

13 to provide faculty support for teaching—

14 ‘‘(i) rehabilitation-related courses of study for

15 credit; and

16 ‘‘(ii) other courses offered by the Centers, ei17 ther directly or through another entity.

18 ‘‘(H) The research and training activities conducted

19 by such a Center shall be conducted in a manner that is

20 accessible to and usable by individuals with disabilities.

21 ‘‘(I) The Director shall encourage the Centers to de22 velop practical applications for the findings of the research

23 of the Centers.

24 ‘‘(J) In awarding grants under this paragraph, the

25 Director shall take into consideration the location of any
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•S 1579 RS

1 proposed Center and the appropriate geographic and re2 gional allocation of such Centers.

3 ‘‘(K) To be eligible to receive a grant under this para4 graph, each such institution or provider described in sub5 paragraph (A) shall—

6 ‘‘(i) be of sufficient size, scope, and quality to

7 effectively carry out the activities in an efficient

8 manner consistent with appropriate State and Fed9 eral law; and

10 ‘‘(ii) demonstrate the ability to carry out the

11 training activities either directly or through another

12 entity that can provide such training.

13 ‘‘(L) The Director shall make grants under this para14 graph for periods of 5 years, except that the Director may

15 make a grant for a period of less than 5 years if—

16 ‘‘(i) the grant is made to a new recipient; or

17 ‘‘(ii) the grant supports new or innovative re18 search.

19 ‘‘(M) Grants made under this paragraph shall be

20 made on a competitive basis. To be eligible to receive a

21 grant under this paragraph, a prospective grant recipient

22 shall submit an application to the Director at such time,

23 in such manner, and containing such information as the

24 Director may require.
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•S 1579 RS

1 ‘‘(N) In conducting scientific peer review under sec2 tion 202(f) of an application for the renewal of a grant

3 made under this paragraph, the peer review panel shall

4 take into account the past performance of the applicant

5 in carrying out the grant and input from individuals with

6 disabilities and the individuals’ representatives.

7 ‘‘(O) An institution or provider that receives a grant

8 under this paragraph to establish such a Center may not

9 collect more than 15 percent of the amount of the grant

10 received by the Center in indirect cost charges.

11 ‘‘(3)(A) Research grants may be used for the estab12 lishment and support of Rehabilitation Engineering Re13 search Centers, operated by or in collaboration with insti14 tutions of higher education or nonprofit organizations, to

15 conduct research or demonstration activities, and training

16 activities, regarding rehabilitation technology, including

17 rehabilitation engineering, assistive technology devices,

18 and assistive technology services, for the purposes of en19 hancing opportunities for better meeting the needs of, and

20 addressing the barriers confronted by, individuals with

21 disabilities in all aspects of their lives.

22 ‘‘(B) In order to carry out the purposes set forth in

23 subparagraph (A), such a Center shall carry out the re24 search or demonstration activities by—
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•S 1579 RS

1 ‘‘(i) developing and disseminating innovative

2 methods of applying advanced technology, scientific

3 achievement, and psychological and social knowledge

4 to—

5 ‘‘(I) solve rehabilitation problems and re6 move environmental barriers through planning

7 and conducting research, including cooperative

8 research with public or private agencies and or9 ganizations, designed to produce new scientific

10 knowledge, and new or improved methods,

11 equipment, and devices; and

12 ‘‘(II) study new or emerging technologies,

13 products, or environments, and the effectiveness

14 and benefits of such technologies, products, or

15 environments;

16 ‘‘(ii) demonstrating and disseminating—

17 ‘‘(I) innovative models for the delivery, to

18 rural and urban areas, of cost-effective rehabili19 tation technology services that promote utiliza20 tion of assistive technology devices; and

21 ‘‘(II) other scientific research to assist in

22 meeting the employment and independent living

23 needs of individuals with significant disabilities;

24 or
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•S 1579 RS

1 ‘‘(iii) conducting research or demonstration ac2 tivities that facilitate service delivery systems change

3 by demonstrating, evaluating, documenting, and dis4 seminating—

5 ‘‘(I) consumer responsive and individual

6 and family-centered innovative models for the

7 delivery to both rural and urban areas, of inno8 vative cost-effective rehabilitation technology

9 services that promote utilization of rehabilita10 tion technology; and

11 ‘‘(II) other scientific research to assist in

12 meeting the employment and independent living

13 needs of, and addressing the barriers con14 fronted by, individuals with disabilities, includ15 ing individuals with significant disabilities.

16 ‘‘(C) To the extent consistent with the nature and

17 type of research or demonstration activities described in

18 subparagraph (B), each Center established or supported

19 through a grant made available under this paragraph

20 shall—

21 ‘‘(i) cooperate with programs established under

22 the Technology-Related Assistance for Individuals

23 With Disabilities Act of 1988 (29 U.S.C. 2201 et

24 seq.) and other regional and local programs to pro-
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•S 1579 RS

1 vide information to individuals with disabilities and

2 the individuals’ representatives to—

3 ‘‘(I) increase awareness and understanding

4 of how rehabilitation technology can address

5 their needs; and

6 ‘‘(II) increase awareness and understand7 ing of the range of options, programs, services,

8 and resources available, including financing op9 tions for the technology and services covered by

10 the area of focus of the Center;

11 ‘‘(ii) provide training opportunities to individ12 uals, including individuals with disabilities, to be13 come researchers of rehabilitation technology and

14 practitioners of rehabilitation technology in conjunc15 tion with institutions of higher education and non16 profit organizations; and

17 ‘‘(iii) respond, through research or demonstra18 tion activities, to the needs of individuals with all

19 types of disabilities who may benefit from the appli20 cation of technology within the area of focus of the

21 Center.

22 ‘‘(D)(i) In establishing Centers to conduct the re23 search or demonstration activities described in subpara24 graph (B)(iii), the Director may establish one Center in

25 each of the following areas of focus:
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•S 1579 RS

1 ‘‘(I) Early childhood services, including early

2 intervention and family support.

3 ‘‘(II) Education at the elementary and second4 ary levels, including transition from school to post5 school activities.

6 ‘‘(III) Employment, including supported em7 ployment, and reasonable accommodations and the

8 reduction of environmental barriers as required by

9 the Americans with Disabilities Act of 1990 (42

10 U.S.C. 12101 et seq.) and title V.

11 ‘‘(IV) Independent living, including transition

12 from institutional to community living, maintenance

13 of community living on leaving the work force, self14 help skills, and activities of daily living.

15 ‘‘(ii) Each Center conducting the research or dem16 onstration activities described in subparagraph (B)(iii)

17 shall have an advisory committee, of which the majority

18 of members are individuals with disabilities who are users

19 of rehabilitation technology, and the individuals’ rep20 resentatives.

21 ‘‘(E) Grants made under this paragraph shall be

22 made on a competitive basis and shall be for a period of

23 5 years, except that the Director may make a grant for

24 a period of less than 5 years if—

25 ‘‘(i) the grant is made to a new recipient; or
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•S 1579 RS

1 ‘‘(ii) the grant supports new or innovative re2 search.

3 ‘‘(F) To be eligible to receive a grant under this para4 graph, a prospective grant recipient shall submit an appli5 cation to the Director at such time, in such manner, and

6 containing such information as the Director may require.

7 ‘‘(G) Each Center established or supported through

8 a grant made available under this paragraph shall—

9 ‘‘(i) cooperate with State agencies and other

10 local, State, regional, and national programs and or11 ganizations developing or delivering rehabilitation

12 technology, including State programs funded under

13 the Technology-Related Assistance for Individuals

14 With Disabilities Act of 1988 (29 U.S.C. 2201 et

15 seq.); and

16 ‘‘(ii) prepare and submit to the Director as part

17 of an application for continuation of a grant, or as

18 a final report, a report that documents the outcomes

19 of the program of the Center in terms of both short20 and long-term impact on the lives of individuals with

21 disabilities, and such other information as may be

22 requested by the Director.

23 ‘‘(4)(A) Research grants may be used to conduct a

24 program for spinal cord injury research, including con25 ducting such a program by making grants to public or
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•S 1579 RS

1 private agencies and organizations to pay part or all of

2 the costs of special projects and demonstration projects

3 for spinal cord injuries, that will—

4 ‘‘(i) ensure widespread dissemination of re5 search findings among all Spinal Cord Injury Cen6 ters, to rehabilitation practitioners, individuals with

7 spinal cord injury, the individuals’ representatives,

8 and organizations receiving financial assistance

9 under this paragraph;

10 ‘‘(ii) provide encouragement and support for

11 initiatives and new approaches by individual and in12 stitutional investigators; and

13 ‘‘(iii) establish and maintain close working rela14 tionships with other governmental and voluntary in15 stitutions and organizations engaged in similar ef16 forts in order to unify and coordinate scientific ef17 forts, encourage joint planning, and promote the

18 interchange of data and reports among spinal cord

19 injury investigations.

20 ‘‘(B) Any agency or organization carrying out a

21 project or demonstration project assisted by a grant under

22 this paragraph that provides services to individuals with

23 spinal cord injuries shall—

24 ‘‘(i) establish, on an appropriate regional basis,

25 a multidisciplinary system of providing vocational
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•S 1579 RS

1 and other rehabilitation services, specifically de2 signed to meet the special needs of individuals with

3 spinal cord injuries, including acute care as well as

4 periodic inpatient or outpatient followup and serv5 ices;

6 ‘‘(ii) demonstrate and evaluate the benefits to

7 individuals with spinal cord injuries served in, and

8 the degree of cost effectiveness cost-effectiveness of,

9 such a regional system;

10 ‘‘(iii) demonstrate and evaluate existing, new,

11 and improved methods and rehabilitation technology

12 essential to the care, management, and rehabilitation

13 of individuals with spinal cord injuries; and

14 ‘‘(iv) demonstrate and evaluate methods of com15 munity outreach for individuals with spinal cord in16 juries and community education in connection with

17 the problems of such individuals in areas such as

18 housing, transportation, recreation, employment, and

19 community activities.

20 ‘‘(C) In awarding grants under this paragraph, the

21 Director shall take into account the location of any pro22 posed Spinal Cord Injury Center and the appropriate geo23 graphic and regional allocation of such Centers.

24 ‘‘(5) Research grants may be used to conduct a pro25 gram for end-stage renal disease research, to include sup-
235

•S 1579 RS

1 port of projects and demonstrations for providing special

2 services (including transplantation and dialysis), artificial

3 kidneys, and supplies necessary for the rehabilitation of

4 individuals with such disease and which will—

5 ‘‘(A) insure ensure dissemination of research

6 findings;

7 ‘‘(B) provide encouragement and support for

8 initiatives and new approaches by individuals and in9 stitutional investigators; and

10 ‘‘(C) establish and maintain close working rela11 tionships with other governmental and voluntary in12 stitutions and organizations engaged in similar ef13 forts,

14 in order to unify and coordinate scientific efforts, encour15 age joint planning, and promote the interchange of data

16 and reports among investigators in the field of end-stage

17 renal disease. No person shall be selected to participate

18 in such program who is eligible for services for such dis19 ease under any other provision of law.

20 ‘‘(6) Research grants may be used to conduct a pro21 gram for international rehabilitation research, demonstra22 tion, and training for the purpose of developing new

23 knowledge and methods in the rehabilitation of individuals

24 with disabilities in the United States, cooperating with and

25 assisting in developing and sharing information found use-
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•S 1579 RS

1 ful in other nations in the rehabilitation of individuals with

2 disabilities, and initiating a program to exchange experts

3 and technical assistance in the field of rehabilitation of

4 individuals with disabilities with other nations as a means

5 of increasing the levels of skill of rehabilitation personnel.

6 ‘‘(7) Research grants may be used to conduct a re7 search program concerning the use of existing tele8 communications systems (including telephone, television,

9 satellite, radio, and other similar systems) which have the

10 potential for substantially improving service delivery meth11 ods, and the development of appropriate programing pro12 gramming to meet the particular needs of individuals with

13 disabilities.

14 ‘‘(8) Research grants may be used to conduct a pro15 gram of joint projects with the National Institutes of

16 Health, the National Institute of Mental Health, the

17 Health Services Administration, the Administration on

18 Aging, the National Science Foundation, the Veterans’

19 Administration, the Department of Health and Human

20 Services, the National Aeronautics and Space Administra21 tion, other Federal agencies, and private industry in areas

22 of joint interest involving rehabilitation.

23 ‘‘(9) Research grants may be used to conduct a pro24 gram of research related to the rehabilitation of children,

25 or older individuals, who are individuals with disabilities,
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•S 1579 RS

1 including older American Indians who are individuals with

2 disabilities. Such research program may include projects

3 designed to assist the adjustment of, or maintain as resi4 dents in the community, older workers who are individuals

5 with disabilities on leaving the work force.

6 ‘‘(10) Research grants may be used to conduct a re7 search program to develop and demonstrate innovative

8 methods to attract and retain professionals to serve in

9 rural areas in the rehabilitation of individuals with disabil10 ities, including individuals with significant disabilities.

11 ‘‘(11) Research grants may be used to conduct a

12 model research and demonstration project designed to as13 sess the feasibility of establishing a center for producing

14 and distributing to individuals who are deaf or hard of

15 hearing captioned video cassettes providing a broad range

16 of educational, cultural, scientific, and vocational pro17 graming.

18 ‘‘(12) Research grants may be used to conduct a

19 model research and demonstration program to develop in20 novative methods of providing services for preschool age

21 children who are individuals with disabilities, including

22 the—including—

23 ‘‘(A) early intervention, assessment, parent

24 counseling, infant stimulation, early identification,

25 diagnosis, and evaluation of children who are indi-
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•S 1579 RS

1 viduals with significant disabilities up to the age of

2 five, with a special emphasis on children who are in3 dividuals with significant disabilities up to the age of

4 three;

5 ‘‘(B) such physical therapy, language develop6 ment, pediatric, nursing, psychological, and psy7 chiatric services as are necessary for such children;

8 and

9 ‘‘(C) appropriate services for the parents of

10 such children, including psychological and psy11 chiatric services, parent counseling, and training.

12 ‘‘(13) Research grants may be used to conduct a

13 model research and training program under which model

14 training centers shall be established to develop and use

15 more advanced and effective methods of evaluating and

16 addressing the employment needs of individuals with dis17 abilities, including programs which that—

18 ‘‘(A) provide training and continuing education

19 for personnel involved with the employment of indi20 viduals with disabilities;

21 ‘‘(B) develop model procedures for testing and

22 evaluating the employment needs of individuals with

23 disabilities;
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•S 1579 RS

1 ‘‘(C) develop model training programs to teach

2 individuals with disabilities skills which will lead to

3 appropriate employment;

4 ‘‘(D) develop new approaches for job placement

5 of individuals with disabilities, including new follow6 up procedures relating to such placement;

7 ‘‘(E) provide information services regarding

8 education, training, employment, and job placement

9 for individuals with disabilities; and

10 ‘‘(F) develop new approaches and provide infor11 mation regarding job accommodations, including the

12 use of rehabilitation engineering and assistive tech13 nology.

14 ‘‘(14) Research grants may be used to conduct a re15 habilitation research program under which financial as16 sistance is provided in order to—

17 ‘‘(A) test new concepts and innovative ideas;

18 ‘‘(B) demonstrate research results of high po19 tential benefits;

20 ‘‘(C) purchase prototype aids and devices for

21 evaluation;

22 ‘‘(D) develop unique rehabilitation training cur23 ricula; and

24 ‘‘(E) be responsive to special initiatives of the

25 Director.
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•S 1579 RS

1 No single grant under this paragraph may exceed $50,000

2 in any fiscal year and all payments made under this para3 graph in any fiscal year may not exceed 5 percent of the

4 amount available for this section to the National Institute

5 on Disability and Rehabilitation Research in any fiscal

6 year. Regulations and administrative procedures with re7 spect to financial assistance under this paragraph shall,

8 to the maximum extent possible, be expedited.

9 ‘‘(15) Research grants may be used to conduct stud10 ies of the rehabilitation needs of American Indian popu11 lations and of effective mechanisms for the delivery of re12 habilitation services to Indians residing on and off reserva13 tions.

14 ‘‘(16) Research grants may be used to conduct a

15 demonstration program under which one or more projects

16 national in scope shall be established to develop proce17 dures to provide incentives for the development, manufac18 turing, and marketing of orphan technological devices, in19 cluding technology transfer concerning such devices, de20 signed to enable individuals with disabilities to achieve

21 independence and access to gainful employment.

22 ‘‘(17)(A) Research grants may be used to conduct a

23 research program related to quality assurance in the area

24 of rehabilitation technology.
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•S 1579 RS

1 ‘‘(B) Activities carried out under the research pro2 gram may include—

3 ‘‘(i) the development of methodologies to evalu4 ate rehabilitation technology products and services

5 and the dissemination of the methodologies to con6 sumers and other interested parties;

7 ‘‘(ii) identification of models for service provider

8 training and evaluation and certification of the effec9 tiveness of the models;

10 ‘‘(iii) identification and dissemination of out11 come measurement models for the assessment of re12 habilitation technology products and services; and

13 ‘‘(iv) development and testing of research-based

14 tools to enhance consumer decisionmaking about re15 habilitation technology products and services.

16 ‘‘(C) The Director shall develop the quality assurance

17 research program after consultation with representatives

18 of all types of organizations interested in rehabilitation

19 technology quality assurance.

20 ‘‘(18) Research grants may be used to provide for re21 search and demonstration projects and related activities

22 that explore the use and effectiveness of specific alter23 native or complementary medical practices for individuals

24 with disabilities. Such projects and activities may include

25 projects and activities designed to—
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•S 1579 RS

1 ‘‘(A) determine the use of specific alternative or

2 complementary medical practices among individuals

3 with disabilities and the perceived effectiveness of

4 the practices;

5 ‘‘(B) determine the specific information sources,

6 decisionmaking methods, and methods of payment

7 used by individuals with disabilities who access alter8 native or complementary medical services;

9 ‘‘(C) develop criteria to screen and assess the

10 validity of research studies of such practices for indi11 viduals with disabilities; and

12 ‘‘(D) determine the effectiveness of specific al13 ternative or complementary medical practices that

14 show promise for promoting increased functioning,

15 prevention of secondary disabilities, or other positive

16 outcomes for individuals with certain types of dis17 abilities, by conducting controlled research studies.

18 ‘‘(c)(1) In carrying out evaluations of covered activi19 ties under this section, the Director is authorized to make

20 arrangements for site visits to obtain information on the

21 accomplishments of the projects.

22 ‘‘(2) The Director shall not make a grant under this

23 section which that exceeds $499,999 unless the peer review

24 of the grant application has included a site visit.
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•S 1579 RS

1 ‘‘REHABILITATION RESEARCH ADVISORY COUNCIL

2 ‘‘SEC. 205. (a) ESTABLISHMENT.—Subject to the

3 availability of appropriations, the Secretary shall establish

4 in the Department of Education a Rehabilitation Research

5 Advisory Council (referred to in this section as the ‘Coun6 cil’) composed of 12 members appointed by the Secretary.

7 ‘‘(b) DUTIES.—The Council shall advise the Director

8 with respect to research priorities and the development

9 and revision of the 5-year plan required by section 202(h).

10 ‘‘(c) QUALIFICATIONS.—Members of the Council

11 shall be generally representative of the community of reha12 bilitation professionals, the community of rehabilitation

13 researchers, the community of individuals with disabilities,

14 and the individuals’ representatives. At least one-half of

15 the members shall be individuals with disabilities or the

16 individuals’ representatives.

17 ‘‘(d) TERMS OF APPOINTMENT.—

18 ‘‘(1) LENGTH OF TERM.—Each member of the

19 Council shall serve for a term of up to 3 years, de20 termined by the Secretary, except that—

21 ‘‘(A) a member appointed to fill a vacancy

22 occurring prior to the expiration of the term for

23 which a predecessor was appointed, shall be ap24 pointed for the remainder of such term; and
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•S 1579 RS

1 ‘‘(B) the terms of service of the members

2 initially appointed shall be (as specified by the

3 Secretary) for such fewer number of years as

4 will provide for the expiration of terms on a

5 staggered basis.

6 ‘‘(2) NUMBER OF TERMS.—No member of the

7 Council may serve more than two consecutive full

8 terms. Members may serve after the expiration of

9 their terms until their successors have taken office.

10 ‘‘(e) VACANCIES.—Any vacancy occurring in the

11 membership of the Council shall be filled in the same man12 ner as the original appointment for the position being va13 cated. The vacancy shall not affect the power of the re14 maining members to execute the duties of the Council.

15 ‘‘(f) PAYMENT AND EXPENSES.—

16 ‘‘(1) PAYMENT.—Each member of the Council

17 who is not an officer or full-time employee of the

18 Federal Government shall receive a payment of $150

19 for each day (including travel time) during which the

20 member is engaged in the performance of duties for

21 the Council. All members of the Council who are of22 ficers or full-time employees of the United States

23 shall serve without compensation in addition to com24 pensation received for their services as officers or

25 employees of the United States.
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•S 1579 RS

1 ‘‘(2) TRAVEL EXPENSES.—Each member of the

2 Council may receive travel expenses, including per

3 diem in lieu of subsistence, as authorized by section

4 5703 of title 5, United States Code, for employees

5 serving intermittently in the Government service, for

6 each day the member is engaged in the performance

7 of duties away from the home or regular place of

8 business of the member.

9 ‘‘(g) DETAIL OF FEDERAL EMPLOYEES.—On the re10 quest of the Council, the Secretary may detail, with or

11 without reimbursement, any of the personnel of the De12 partment of Education to the Council to assist the Council

13 in carrying out its duties. Any detail shall not interrupt

14 or otherwise affect the civil service status or privileges of

15 the Federal employee.

16 ‘‘(h) TECHNICAL ASSISTANCE.—On the request of

17 the Council, the Secretary shall provide such technical as18 sistance to the Council as the Council determines to be

19 necessary to carry out its duties.

20 ‘‘(i) TERMINATION.—Section 14 of the Federal Advi21 sory Committee Act (5 U.S.C. App.) shall not apply with

22 respect to the Council.’’.
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1 SEC. 6. PROFESSIONAL DEVELOPMENT AND SPECIAL

2 PROJECTS AND DEMONSTRATIONS.

3 Title III of the Rehabilitation Act of 1973 (29 U.S.C.

4 770 et seq.) is amended to read as follows:

5 ‘‘TITLE III—PROFESSIONAL DE6 VELOPMENT AND SPECIAL

7 PROJECTS AND DEMONSTRA8 TIONS

9 ‘‘SEC. 301. DECLARATION OF PURPOSE AND COMPETITIVE

10 BASIS OF GRANTS AND CONTRACTS.

11 ‘‘(a) PURPOSE.—It is the purpose of this title to au12 thorize grants and contracts to—

13 ‘‘(1)(A) provide academic training to ensure

14 that skilled personnel are available to provide reha15 bilitation services to individuals with disabilities

16 through vocational, medical, social, and psychological

17 rehabilitation programs (including supported em18 ployment programs), through independent living

19 services programs, and through client assistance pro20 grams; and

21 ‘‘(B) provide training to maintain and upgrade

22 basic skills and knowledge of personnel employed to

23 provide state-of-the-art service delivery and rehabili24 tation technology services;

25 ‘‘(2) conduct special projects and demonstra26 tions that expand and improve the provision of reha-
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1 bilitation and other services authorized under this

2 Act, or that otherwise further the purposes of this

3 Act, including related research and evaluation;

4 ‘‘(3) provide vocational rehabilitation services to

5 individuals with disabilities who are migrant or sea6 sonal farmworkers;

7 ‘‘(4) initiate recreational programs to provide

8 recreational activities and related experiences for in9 dividuals with disabilities to aid such individuals in

10 employment, mobility, socialization, independence,

11 and community integration; and

12 ‘‘(5) provide training and information to indi13 viduals with disabilities and the individuals’ rep14 resentatives, and other appropriate parties to de15 velop the skills necessary for individuals with disabil16 ities to gain access to the rehabilitation system and

17 workforce investment system and to become active

18 decisionmakers in the rehabilitation process.

19 ‘‘(b) COMPETITIVE BASIS OF GRANTS AND CON20 TRACTS.—The Secretary shall ensure that all grants and

21 contracts are awarded under this title on a competitive

22 basis.

23 ‘‘SEC. 302. TRAINING.

24 ‘‘(a) GRANTS AND CONTRACTS FOR PERSONNEL

25 TRAINING.—
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1 ‘‘(1) AUTHORITY.—The Commissioner shall

2 make grants to, and enter into contracts with,

3 States and public or nonprofit agencies and organi4 zations (including institutions of higher education)

5 to pay part of the cost of projects to provide train6 ing, traineeships, and related activities, including the

7 provision of technical assistance, that are designed

8 to assist in increasing the numbers of, and upgrad9 ing the skills of, qualified personnel (especially reha10 bilitation counselors) who are trained in providing

11 vocational, medical, social, and psychological reha12 bilitation services, who are trained to assist individ13 uals with communication and related disorders, who

14 are trained to provide other services provided under

15 this Act, to individuals with disabilities, and who

16 may include—

17 ‘‘(A) personnel specifically trained in pro18 viding employment assistance to individuals

19 with disabilities through job development and

20 job placement services;

21 ‘‘(B) personnel specifically trained to iden22 tify, assess, and meet the individual rehabilita23 tion needs of individuals with disabilities, in24 cluding needs for rehabilitation technology;
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1 ‘‘(C) personnel specifically trained to de2 liver services to individuals who may benefit

3 from receiving independent living services;

4 ‘‘(D) personnel specifically trained to de5 liver services in the client assistance programs;

6 ‘‘(E) personnel specifically trained to de7 liver services, through supported employment

8 programs, to individuals with a most significant

9 disability;

10 ‘‘(F) personnel providing vocational reha11 bilitation services specifically trained in the use

12 of braille, the importance of braille literacy, and

13 in methods of teaching braille; and

14 ‘‘(G) personnel trained in performing other

15 functions necessary to the provision of voca16 tional, medical, social, and psychological reha17 bilitation services, and other services provided

18 under this Act.

19 ‘‘(2) AUTHORITY TO PROVIDE SCHOLAR20 SHIPS.—Grants and contracts under paragraph (1)

21 may be expended for scholarships and may include

22 necessary stipends and allowances.

23 ‘‘(3) RELATED FEDERAL STATUTES.—In carry24 ing out this subsection, the Commissioner may make

25 grants to and enter into contracts with States and
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1 public or nonprofit agencies and organizations, in2 cluding institutions of higher education, to furnish

3 training regarding related Federal statutes (other

4 than this Act).

5 ‘‘(4) TRAINING FOR STATEWIDE WORKFORCE

6 SYSTEMS PERSONNEL.—The Commissioner may

7 make grants to and enter into contracts under this

8 subsection with States and public or nonprofit agen9 cies and organizations, including institutions of high10 er education, to furnish training to personnel provid11 ing services to individuals with disabilities under the

12 Workforce Investment Partnership Act of 1998.

13 Under this paragraph, personnel may be trained—

14 ‘‘(A) in evaluative skills to determine

15 whether an individual with a disability may be

16 served by the State vocational rehabilitation

17 program or another component of the statewide

18 workforce investment system; or

19 ‘‘(B) to assist individuals with disabilities

20 seeking assistance through one-stop customer

21 service centers established under section 315 of

22 the Workforce Investment Partnership Act of

23 1998.

24 ‘‘(5) JOINT FUNDING.—Training and other ac25 tivities provided under paragraph (4) for personnel
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1 may be jointly funded with the Department of

2 Labor, using funds made available under title III of

3 the Workforce Investment Partnership Act of 1998.

4 ‘‘(b) GRANTS AND CONTRACTS FOR ACADEMIC DE5 GREES AND ACADEMIC CERTIFICATE GRANTING TRAIN6 ING PROJECTS.—

7 ‘‘(1) AUTHORITY.—

8 ‘‘(A) IN GENERAL.—The Commissioner

9 may make grants to, and enter into contracts

10 with, States and public or nonprofit agencies

11 and organizations (including institutions of

12 higher education) to pay part of the costs of

13 academic training projects to provide training

14 that leads to an academic degree or academic

15 certificate. In making such grants or entering

16 into such contracts, the Commissioner shall tar17 get funds to areas determined under subsection

18 (e) to have shortages of qualified personnel.

19 ‘‘(B) TYPES OF PROJECTS.—Academic

20 training projects described in this subsection

21 may include—

22 ‘‘(i) projects to train personnel in the

23 areas of vocational rehabilitation counsel24 ing, rehabilitation technology, rehabilita25 tion medicine, rehabilitation nursing, reha-
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1 bilitation social work, rehabilitation psychi2 atry, rehabilitation psychology, rehabilita3 tion dentistry, physical therapy, occupa4 tional therapy, speech pathology and audi5 ology, physical education, therapeutic

6 recreation, community rehabilitation pro7 grams, or prosthetics and orthotics;

8 ‘‘(ii) projects to train personnel to

9 provide—

10 ‘‘(I) services to individuals with

11 specific disabilities or individuals with

12 disabilities who have specific impedi13 ments to rehabilitation, including indi14 viduals who are members of popu15 lations that are unserved or under16 served by programs under this Act;

17 ‘‘(II) job development and job

18 placement services to individuals with

19 disabilities;

20 ‘‘(III) supported employment

21 services, including services of employ22 ment specialists for individuals with

23 disabilities;
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1 ‘‘(IV) specialized services for in2 dividuals with significant disabilities;

3 or

4 ‘‘(V) recreation for individuals

5 with disabilities;

6 ‘‘(iii) projects to train personnel in

7 other fields contributing to the rehabilita8 tion of individuals with disabilities; and

9 ‘‘(iv) projects to train personnel in the

10 use, applications, and benefits of rehabili11 tation technology.

12 ‘‘(2) APPLICATION.—No grant shall be awarded

13 or contract entered into under this subsection unless

14 the applicant has submitted to the Commissioner an

15 application at such time, in such form, in accordance

16 with such procedures, and including such informa17 tion as the Secretary may require, including—

18 ‘‘(A) a description of how the designated

19 State unit or units will participate in the

20 project to be funded under the grant or con21 tract, including, as appropriate, participation on

22 advisory committees, as practicum sites, in cur23 riculum development, and in other ways so as

24 to build closer relationships between the appli25 cant and the designated State unit and to en-
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1 courage students to pursue careers in public vo2 cational rehabilitation programs;

3 ‘‘(B) the identification of potential employ4 ers that would meet the requirements of para5 graph (4)(A)(i); and

6 ‘‘(C) an assurance that data on the em7 ployment of graduates or trainees who partici8 pate in the project is accurate.

9 ‘‘(3) LIMITATION.—

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

11 subparagraph (B), no grant or contract under

12 this subsection may be used to provide any one

13 course of study to an individual for a period of

14 more than 4 years.

15 ‘‘(B) EXCEPTION.—If a grant or contract

16 recipient under this subsection determines that

17 an individual has a disability which seriously af18 fects the completion of training under this sub19 section, the grant or contract recipient may ex20 tend the period referred to in subparagraph

21 (A).

22 ‘‘(4) REQUIRED AGREEMENTS.—

23 ‘‘(A) IN GENERAL.—A recipient of a grant

24 or contract under this subsection shall provide

25 assurances to the Commissioner that each indi-
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1 vidual who receives a scholarship, for the first

2 academic year after the date of enactment of

3 the Rehabilitation Act Amendments of 1998,

4 utilizing funds provided under such grant or

5 contract shall enter into an agreement with the

6 recipient under which the individual shall—

7 ‘‘(i) maintain employment—

8 ‘‘(I) with an employer that is a

9 State rehabilitation or other agency or

10 organization (including a professional

11 corporation or practice group) that

12 provides services to individuals with

13 disabilities under this Act, or with an

14 institution of higher education or

15 other organization that conducts reha16 bilitation education, training, or re17 search under this Act;

18 ‘‘(II) on a full- or part-time

19 basis; and

20 ‘‘(III) for a period of not less

21 than the full-time equivalent of 2

22 years for each year for which assist23 ance under this subsection was re24 ceived by the individual, within a pe25 riod, beginning after the recipient
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1 completes the training for which the

2 scholarship was awarded, of not more

3 than the sum of the number of years

4 in the period described in this sub5 clause and 2 additional years;

6 ‘‘(ii) directly provide or administer

7 services, conduct research, or furnish

8 training, funded under this Act; and

9 ‘‘(iii) repay all or part of the amount

10 of any scholarship received under the grant

11 or contract, plus interest, if the individual

12 does not fulfill the requirements of clauses

13 (i) and (ii), except that the Commissioner

14 may by regulation provide for repayment

15 exceptions and deferrals.

16 ‘‘(B) ENFORCEMENT.—The Commissioner

17 shall be responsible for the enforcement of each

18 agreement entered into under subparagraph (A)

19 upon the completion of the training involved

20 with respect to such agreement.

21 ‘‘(c) GRANTS TO HISTORICALLY BLACK COLLEGES

22 AND UNIVERSITIES.—The Commissioner, in carrying out

23 this section, shall make grants to Historically Black Col24 leges and Universities historically Black colleges and uni25 versities and other institutions of higher education whose
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1 minority student enrollment is at least 50 percent of the

2 total enrollment of the institution.

3 ‘‘(d) APPLICATION.—A grant may not be awarded to

4 a State or other organization under this section unless the

5 State or organization has submitted an application to the

6 Commissioner at such time, in such form, in accordance

7 with such procedures, and containing such information as

8 the Commissioner may require, including a detailed de9 scription of strategies that will be utilized to recruit and

10 train individuals so as to reflect the diverse populations

11 of the United States as part of the effort to increase the

12 number of individuals with disabilities, and individuals

13 who are from linguistically and culturally diverse back14 grounds, who are available to provide rehabilitation serv15 ices.

16 ‘‘(e) EVALUATION AND COLLECTION OF DATA.—The

17 Commissioner shall evaluate the impact of the training

18 programs conducted under this section, and collect infor19 mation on the training needs of, and data on shortages

20 of qualified personnel necessary to provide services to indi21 viduals with disabilities.

22 ‘‘(f) GRANTS FOR THE TRAINING OF INTER23 PRETERS.—

24 ‘‘(1) AUTHORITY.—
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1 ‘‘(A) IN GENERAL.—For the purpose of

2 training a sufficient number of qualified inter3 preters to meet the communications needs of in4 dividuals who are deaf or hard of hearing, and

5 individuals who are deaf-blind, the Commis6 sioner, acting through a Federal office respon7 sible for deafness and communicative disorders,

8 may award grants to public or private nonprofit

9 agencies or organizations to pay part of the

10 costs—

11 ‘‘(i) for the establishment of inter12 preter training programs; or

13 ‘‘(ii) to enable such agencies or orga14 nizations to provide financial assistance for

15 ongoing interpreter training programs.

16 ‘‘(B) GEOGRAPHIC AREAS.—The Commis17 sioner shall award grants under this subsection

18 for programs in geographic areas throughout

19 the United States that the Commissioner con20 siders appropriate to best carry out the objec21 tives of this section.

22 ‘‘(C) PRIORITY.—In awarding grants

23 under this subsection, the Commissioner shall

24 give priority to public or private nonprofit agen25 cies or organizations with existing programs
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1 that have a demonstrated capacity for providing

2 interpreter training services.

3 ‘‘(D) FUNDING.—The Commissioner may

4 award grants under this subsection through the

5 use of—

6 ‘‘(i) amounts appropriated to carry

7 out this section; or

8 ‘‘(ii) pursuant to an agreement with

9 the Director of the Office of the Special

10 Education Program (established under sec11 tion 603 of the Individuals with Disabil12 ities Education Act (as amended by section

13 101 of the Individuals with Disabilities

14 Education Act Amendments of 1997 (Pub15 lic Law 105-17 105–17))), amounts appro16 priated under section 686 of the Individ17 uals with Disabilities Education Act.

18 ‘‘(2) APPLICATION.—A grant may not be

19 awarded to an agency or organization under para20 graph (1) unless the agency or organization has sub21 mitted an application to the Commissioner at such

22 time, in such form, in accordance with such proce23 dures, and containing such information as the Com24 missioner may require, including—
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1 ‘‘(A) a description of the manner in which

2 an interpreter training program will be devel3 oped and operated during the 5-year period fol4 lowing the date on which a grant is received by

5 the applicant under this subsection;

6 ‘‘(B) a demonstration of the applicant’s ca7 pacity or potential for providing training for in8 terpreters for individuals who are deaf or hard

9 of hearing, and individuals who are deaf-blind;

10 ‘‘(C) assurances that any interpreter

11 trained or retrained under a program funded

12 under the grant will meet such minimum stand13 ards of competency as the Commissioner may

14 establish for purposes of this subsection; and

15 ‘‘(D) such other information as the Commis16 sioner may require.

17 ‘‘(D) such other information as the Commis18 sioner may require.

19 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated to carry out this section

21 such sums as may be necessary for each of the fiscal years

22 1998 through 2004.

23 ‘‘(h) PROVISION OF INFORMATION.—The Commis24 sioner, subject to the provisions of section 306, may re25 quire that recipients of grants or contracts under this sec-
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1 tion provide information, including data, with regard to

2 the impact of activities funded under this section.

3 ‘‘SEC. 303. SPECIAL DEMONSTRATION PROGRAM.

4 ‘‘(a) AUTHORITY.—The Commissioner, subject to the

5 provisions of section 306, may award grants or contracts

6 to eligible entities to pay all or part of the cost of pro7 grams that expand and improve the provision of rehabili8 tation and other services authorized under this Act or that

9 further the purposes of the Act, including related research

10 and evaluation activities.

11 ‘‘(b) ELIGIBLE ENTITIES AND TERMS AND CONDI12 TIONS.—

13 ‘‘(1) ELIGIBLE ENTITIES.—To be eligible to re14 ceive a grant or contract under subsection (a), an

15 entity shall be a State vocational rehabilitation agen16 cy, community rehabilitation program, Indian tribe

17 or tribal organization, or other public or nonprofit

18 agency or organization, or as the Commissioner de19 termines appropriate, a for-profit organization. The

20 Commissioner may limit competitions to 1 or more

21 types of organizations described in this paragraph.

22 ‘‘(2) TERMS AND CONDITIONS.—Awards under

23 this section shall contain such terms and conditions

24 as the Commissioner may require.
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1 ‘‘(c) APPLICATION.—An eligible entity that desires to

2 receive an award under this section shall submit an appli3 cation to the Secretary at such time, in such form, and

4 containing such information and assurances as the Com5 missioner may require, including, if the Commissioner de6 termines appropriate, a description of how the proposed

7 project or demonstration program—

8 ‘‘(1) is based on current research findings,

9 which may include research conducted by the Na10 tional Institute on Disability and Rehabilitation Re11 search, the National Institutes of Health, and other

12 public or private organizations; and

13 ‘‘(2) is of national significance.

14 ‘‘(d) TYPES OF PROJECTS.—The programs that may

15 be funded under this section include—

16 ‘‘(1) special projects and demonstrations of

17 service delivery;

18 ‘‘(2) model demonstration projects;

19 ‘‘(3) technical assistance projects;

20 ‘‘(4) systems change projects;

21 ‘‘(5) special studies and evaluations; and

22 ‘‘(6) dissemination and utilization activities.

23 ‘‘(e) PRIORITY FOR COMPETITIONS.—
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1 ‘‘(1) IN GENERAL.—In announcing competitions

2 for grants and contracts under this section, the

3 Commissioner shall give priority consideration to—

4 ‘‘(A) projects to provide training, informa5 tion, and technical assistance that will enable

6 individuals with disabilities and the individuals’

7 representatives, to participate more effectively

8 in meeting the vocational, independent living,

9 and rehabilitation needs of the individuals with

10 disabilities;

11 ‘‘(B) special projects and demonstration

12 programs of service delivery for adults who are

13 either low-functioning and deaf or low-function14 ing and hard of hearing;

15 ‘‘(C) innovative methods of promoting con16 sumer choice in the rehabilitation process;

17 ‘‘(D) supported employment, including

18 community-based supported employment pro19 grams to meet the needs of individuals with the

20 most significant disabilities or to provide tech21 nical assistance to States and community orga22 nizations to improve and expand the provision

23 of supported employment services; and

24 ‘‘(E) model transitional planning services

25 for youths with disabilities; disabilities.
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1 ‘‘(2) ELIGIBILITY AND COORDINATION.—

2 ‘‘(A) ELIGIBILITY.—Eligible applicants for

3 grants and contracts under this section for

4 projects described in paragraph (1)(A) in5 clude—

6 ‘‘(i) Parent Training and Information

7 Centers funded under section 682 of the

8 Individuals with Disabilities Education Act

9 (as amended by section 101 of the Individ10 uals with Disabilities Education Act

11 Amendments of 1997 (Public Law 105-17

12 105–17));

13 ‘‘(ii) organizations that meet the defi14 nition of a parent organization in section

15 682 of such Act; and

16 ‘‘(iii) private nonprofit organizations

17 assisting parent training and information

18 centers.

19 ‘‘(B) COORDINATION.—Recipients of

20 grants and contracts under this section for

21 projects described in paragraph (1)(A) shall, to

22 the extent practicable, coordinate training and

23 information activities with Centers for Inde24 pendent Living.
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1 ‘‘(3) ADDITIONAL COMPETITIONS.—In announc2 ing competitions for grants and contracts under this

3 section, the Commissioner may require that appli4 cants address 1 or more of the following:

5 ‘‘(A) Age ranges.

6 ‘‘(B) Types of disabilities.

7 ‘‘(C) Types of services.

8 ‘‘(D) Models of service delivery.

9 ‘‘(E) Stage of the rehabilitation process.

10 ‘‘(F) The needs of—

11 ‘‘(i) underserved populations;

12 ‘‘(ii) unserved and underserved areas;

13 ‘‘(iii) individuals with significant dis14 abilities;

15 ‘‘(iv) low-incidence disability popu16 lations; and

17 ‘‘(v) individuals residing in federally

18 designated empowerment zones and enter19 prise communities.

20 ‘‘(G) Expansion of employment opportuni21 ties for individuals with disabilities.

22 ‘‘(H) Systems change projects to promote

23 meaningful access of individual individuals with

24 disabilities to employment related employment25 related services under the Workforce Investment
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•S 1579 RS

1 Partnership Act of 1998 and under other Fed2 eral laws.

3 ‘‘(I) Innovative methods of promoting the

4 achievement of high-quality employment out5 comes.

6 ‘‘(J) The demonstration of the effective7 ness of early intervention activities in improving

8 employment outcomes.

9 ‘‘(K) Alternative methods of providing af10 fordable transportation services to individuals

11 with disabilities who are employed, seeking em12 ployment, or receiving vocational rehabilitation

13 services from public or private organizations

14 and who reside in geographic areas in which

15 public transportation or paratransit service is

16 not available.

17 ‘‘(f) USE OF FUNDS FOR CONTINUATION AWARDS.—

18 The Commissioner may use funds made available to carry

19 out this section for continuation awards for projects that

20 were funded under sections 12 and 311 (as such sections

21 were in effect on the day prior to the date of the enact22 ment of the Rehabilitation Act Amendments of 1998).

23 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated to carry out this section
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1 such sums as may be necessary for each of the fiscal years

2 1998 through 2004.

3 ‘‘SEC. 304. MIGRANT AND SEASONAL FARMWORKERS.

4 ‘‘(a) GRANTS.—

5 ‘‘(1) AUTHORITY.—The Commissioner, subject

6 to the provisions of section 306, may make grants

7 to eligible entities to pay up to 90 percent of the

8 cost of projects or demonstration programs for the

9 provision of vocational rehabilitation services to indi10 viduals with disabilities who are migrant or seasonal

11 farmworkers, as determined in accordance with rules

12 prescribed by the Secretary of Labor, and to the

13 family members who are residing with such individ14 uals (whether or not such family members are indi15 viduals with disabilities).

16 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible to re17 ceive a grant under paragraph (1), an entity shall

18 be—

19 ‘‘(A) a State designated agency;

20 ‘‘(B) a nonprofit agency working in col21 laboration with a State agency described in sub22 paragraph (A); or

23 ‘‘(C) a local agency working in collabora24 tion with a State agency described in subpara25 graph (A).
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1 ‘‘(3) MAINTENANCE AND TRANSPORTATION.—

2 ‘‘(A) IN GENERAL.—Amounts provided

3 under a grant under this section may be used

4 to provide for the maintenance of and transpor5 tation for individuals and family members de6 scribed in paragraph (1) as necessary for the

7 rehabilitation of such individuals.

8 ‘‘(B) REQUIREMENT.—Maintenance pay9 ments under this paragraph shall be provided in

10 a manner consistent with any maintenance pay11 ments provided to other individuals with disabil12 ities in the State under this Act.

13 ‘‘(4) ASSURANCE OF COOPERATION.—To be eli14 gible to receive a grant under this section an entity

15 shall provide assurances (satisfactory to the Com16 missioner) that in the provision of services under the

17 grant there will be appropriate cooperation between

18 the grantee and other public or nonprofit agencies

19 and organizations having special skills and experi20 ence in the provision of services to migrant or sea21 sonal farmworkers or their families.

22 ‘‘(5) COORDINATION WITH OTHER PRO23 GRAMS.—The Commissioner shall administer this

24 section in coordination with other programs serving

25 migrant and seasonal farmworkers, including pro-
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1 grams under title I of the Elementary and Second2 ary Education Act of 1965 (20 U.S.C. 6301 et seq.),

3 section 330 of the Public Health Service Act (42

4 U.S.C. 254b), the Migrant and Seasonal Agricul5 tural Worker Protection Act (29 U.S.C. 1801 et

6 seq.), and the Workforce Investment Partnership

7 Act of 1998.

8 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated such sums as may be

10 necessary to carry out this section, for each of the fiscal

11 years 1998 through 2004.

12 ‘‘SEC. 305. RECREATIONAL PROGRAMS.

13 ‘‘(a) GRANTS.—

14 ‘‘(1) AUTHORITY.—

15 ‘‘(A) IN GENERAL.—The Commissioner,

16 subject to the provisions of section 306, shall

17 make grants to States, public agencies, and

18 nonprofit private organizations to pay the Fed19 eral share of the cost of the establishment and

20 operation of recreation programs to provide in21 dividuals with disabilities with recreational ac22 tivities and related experiences to aid in the em23 ployment, mobility, socialization, independence,

24 and community integration of such individuals.
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1 ‘‘(B) RECREATION PROGRAMS.—The recre2 ation programs that may be funded using as3 sistance provided under a grant under this sec4 tion may include vocational skills development,

5 leisure education, leisure networking, leisure re6 source development, physical education and

7 sports, scouting and camping, 4-H 4–H activi8 ties, music, dancing, handicrafts, art, and

9 homemaking. When possible and appropriate,

10 such programs and activities should be provided

11 in settings with peers who are not individuals

12 with disabilities.

13 ‘‘(C) DESIGN OF PROGRAM.—Programs

14 and activities carried out under this section

15 shall be designed to demonstrate ways in which

16 such programs assist in maximizing the inde17 pendence and integration of individuals with

18 disabilities.

19 ‘‘(2) MAXIMUM TERM OF GRANT.—A grant

20 under this section shall be made for a period of not

21 more than 3 years.

22 ‘‘(3) AVAILABILITY OF NON GRANT NONGRANT

23 RESOURCES.—

24 ‘‘(A) IN GENERAL.—A grant may not be

25 made to an applicant under this section unless
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1 the applicant provides assurances that, with re2 spect to costs of the recreation program to be

3 carried out under the grant, the applicant, to

4 the maximum extent practicable, will make

5 available non-Federal resources (in cash or in6 kind) to pay the non-Federal share of such

7 costs.

8 ‘‘(B) FEDERAL SHARE.—The Federal

9 share of the costs of the recreation programs

10 carried out under this section shall be—

11 ‘‘(i) with respect to the first year in

12 which assistance is provided under a grant

13 under this section, 100 percent;

14 ‘‘(ii) with respect to the second year

15 in which assistance is provided under a

16 grant under this section, 75 percent; and

17 ‘‘(iii) with respect to the third year in

18 which assistance is provided under a grant

19 under this section, 50 percent.

20 ‘‘(4) APPLICATION.—To be eligible to receive a

21 grant under this section, a State, agency, or organi22 zation shall submit an application to the Commis23 sioner at such time, in such manner, and containing

24 such information as the Commissioner may require,

25 including a description of—
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1 ‘‘(A) the manner in which the findings and

2 results of the project to be funded under the

3 grant, particularly information that facilitates

4 the replication of the results of such projects,

5 will be made generally available; and

6 ‘‘(B) the manner in which the service pro7 gram funded under the grant will be continued

8 after Federal assistance ends.

9 ‘‘(5) LEVEL OF SERVICES.—Recreation pro10 grams funded under this section shall maintain, at

11 a minimum, the same level of services over a 3-year

12 project period.

13 ‘‘(6) REPORTS BY GRANTEES.—

14 ‘‘(A) REQUIREMENT.—The Commissioner

15 shall require that each recipient of a grant

16 under this section annually prepare and submit

17 to the Commissioner a report concerning the re18 sults of the activities funded under the grant.

19 ‘‘(B) LIMITATION.—The Commissioner

20 may not make financial assistance available to

21 a grant recipient for a subsequent year until

22 the Commissioner has received and evaluated

23 the annual report of the recipient under sub24 paragraph (A) for the current year.
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1 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to carry out this section,

3 such sums as may be necessary for each of the fiscal years

4 1998 through 2004.

5 ‘‘SEC. 306. MEASURING OF PROJECT OUTCOMES AND PER6 FORMANCE.

7 ‘‘The Commissioner may require that recipients of

8 grants under this title submit information, including data,

9 as determined by the Commissioner to be necessary to

10 measure project outcomes and performance, including any

11 data needed to comply with the Government Performance

12 and Results Act.’’.

13 SEC. 7. NATIONAL COUNCIL ON DISABILITY.

14 Title IV of the Rehabilitation Act of 1973 (29 U.S.C.

15 780 et seq.) is amended to read as follows:

16 ‘‘TITLE IV—NATIONAL COUNCIL ON DISABILITY

17 ‘‘ESTABLISHMENT OF NATIONAL COUNCIL ON DISABILITY

18 ‘‘SEC. 400. (a)(1)(A) There is established within the

19 Federal Government a National Council on Disability

20 (hereinafter in this title referred to as the ‘National Coun21 cil’), which shall be composed of fifteen members ap22 pointed by the President, by and with the advice and con23 sent of the Senate.
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1 ‘‘(B) The President shall select members of the Na2 tional Council after soliciting recommendations from rep3 resentatives of—

4 ‘‘(i) organizations representing a broad range of

5 individuals with disabilities; and

6 ‘‘(ii) organizations interested in individuals with

7 disabilities.

8 ‘‘(C) The members of the National Council shall be

9 individuals with disabilities, parents or guardians of indi10 viduals with disabilities, or other individuals who have sub11 stantial knowledge or experience relating to disability pol12 icy or programs. The members of the National Council

13 shall be appointed so as to be representative of individuals

14 with disabilities, national organizations concerned with in15 dividuals with disabilities, providers and administrators of

16 services to individuals with disabilities, individuals en17 gaged in conducting medical or scientific research relating

18 to individuals with disabilities, business concerns, and

19 labor organizations. A majority of the members of the Na20 tional Council shall be individuals with disabilities. The

21 members of the National Council shall be broadly rep22 resentative of minority and other individuals and groups.

23 ‘‘(2) The purpose of the National Council is to pro24 mote policies, programs, practices, and procedures that—
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1 ‘‘(A) guarantee equal opportunity for all indi2 viduals with disabilities, regardless of the nature or

3 severity of the disability; and

4 ‘‘(B) empower individuals with disabilities to

5 achieve economic self-sufficiency, independent living,

6 and inclusion and integration into all aspects of soci7 ety.

8 ‘‘(b)(1) Each member of the National Council shall

9 serve for a term of 3 years, except that the terms of serv10 ice of the members initially appointed after the date of

11 enactment of the Rehabilitation, Comprehensive Services,

12 and Developmental Disabilities Amendments of 1978 shall

13 be (as specified by the President) for such fewer number

14 of years as will provide for the expiration of terms on a

15 staggered basis.

16 ‘‘(2)(A) No member of the National Council may

17 serve more than two consecutive full terms beginning on

18 the date of commencement of the first full term on the

19 Council. Members may serve after the expiration of their

20 terms until their successors have taken office.

21 ‘‘(B) As used in this paragraph, the term ‘full term’

22 means a term of 3 years.

23 ‘‘(3) Any member appointed to fill a vacancy occur24 ring before the expiration of the term for which such mem-
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1 ber’s predecessor was appointed shall be appointed only

2 for the remainder of such term.

3 ‘‘(c) The President shall designate the Chairperson

4 from among the members appointed to the National Coun5 cil. The National Council shall meet at the call of the

6 Chairperson, but not less often than four times each year.

7 ‘‘(d) Eight members of the National Council shall

8 constitute a quorum and any vacancy in the National

9 Council shall not affect its power to function.

10 ‘‘DUTIES OF NATIONAL COUNCIL

11 ‘‘SEC. 401. (a) The National Council shall—

12 ‘‘(1) provide advice to the Director with respect

13 to the policies and conduct of the National Institute

14 on Disability and Rehabilitation Research, including

15 ways to improve research concerning individuals

16 with disabilities and the methods of collecting and

17 disseminating findings of such research;

18 ‘‘(2) provide advice to the Commissioner with

19 respect to the policies of and conduct of the Reha20 bilitation Services Administration;

21 ‘‘(3) advise the President, the Congress, the

22 Commissioner, the appropriate Assistant Secretary

23 of the Department of Education, and the Director of

24 the National Institute on Disability and Rehabilita25 tion Research on the development of the programs

26 to be carried out under this Act;
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1 ‘‘(4) provide advice regarding priorities for the

2 activities of the Interagency Disability Coordinating

3 Council and review the recommendations of such

4 Council for legislative and administrative changes to

5 ensure that such recommendations are consistent

6 with the purposes of the Council to promote the full

7 integration, independence, and productivity of indi8 viduals with disabilities;

9 ‘‘(5) review and evaluate on a continuing

10 basis—

11 ‘‘(A) policies, programs, practices, and pro12 cedures concerning individuals with disabilities

13 conducted or assisted by Federal departments

14 and agencies, including programs established or

15 assisted under this Act or under the Develop16 mental Disabilities Assistance and Bill of

17 Rights Act; and

18 ‘‘(B) all statutes and regulations pertain19 ing to Federal programs which assist such indi20 viduals with disabilities;

21 in order to assess the effectiveness of such policies,

22 programs, practices, procedures, statutes, and regu23 lations in meeting the needs of individuals with dis24 abilities;
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1 ‘‘(6) assess the extent to which such policies,

2 programs, practices, and procedures facilitate or im3 pede the promotion of the policies set forth in sub4 paragraphs (A) and (B) of section 400(a)(2);

5 ‘‘(7) gather information about the implementa6 tion, effectiveness, and impact of the Americans with

7 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);

8 ‘‘(8) make recommendations to the President,

9 the Congress, the Secretary, the Director of the Na10 tional Institute on Disability and Rehabilitation Re11 search, and other officials of Federal agencies or

12 other Federal entities, respecting ways to better pro13 mote the policies set forth in section 400(a)(2);

14 ‘‘(9) provide to the Congress on a continuing

15 basis advice, recommendations, legislative proposals,

16 and any additional information which that the Na17 tional Council or the Congress deems appropriate;

18 and

19 ‘‘(10) review and evaluate on a continuing basis

20 new and emerging disability policy issues affecting

21 individuals with disabilities at the international,

22 Federal, State, and local levels, and in the private

23 sector, including the need for and coordination of

24 adult services, access to personal assistance services,

25 school reform efforts and the impact of such efforts
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1 on individuals with disabilities, access to health care,

2 and policies that operate as disincentives for the in3 dividuals to seek and retain employment.

4 ‘‘(b)(1) Not later than July 26, 1998, and annually

5 thereafter, the National Council shall prepare and submit

6 to the President and the appropriate committees of the

7 Congress a report entitled ‘National Disability Policy: A

8 Progress Report’.

9 ‘‘(2) The report shall assess the status of the Nation

10 in achieving the policies set forth in section 400(a)(2),

11 with particular focus on the new and emerging issues im12 pacting on the lives of individuals with disabilities. The

13 report shall present, as appropriate, available data on

14 health, housing, employment, insurance, transportation,

15 recreation, training, prevention, early intervention, and

16 education. The report shall include recommendations for

17 policy change.

18 ‘‘(3) In determining the issues to focus on and the

19 findings, conclusions, and recommendations to include in

20 the report, the National Council shall seek input from the

21 public, particularly individuals with disabilities, represent22 atives of organizations representing a broad range of indi23 viduals with disabilities, and organizations and agencies

24 interested in individuals with disabilities.
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1 ‘‘COMPENSATION OF NATIONAL COUNCIL MEMBERS

2 ‘‘SEC. 402. (a) Members of the National Council shall

3 be entitled to receive compensation at a rate equal to the

4 rate of pay for level 4 of the Senior Executive Service

5 Schedule under section 5382 of title 5, United States

6 Code, including travel time, for each day they are engaged

7 in the performance of their duties as members of the Na8 tional Council.

9 ‘‘(b) Members of the National Council who are full10 time officers or employees of the United States shall re11 ceive no additional pay on account of their service on the

12 National Council except for compensation for travel ex13 penses as provided under subsection (c) of this section.

14 ‘‘(c) While away from their homes or regular places

15 of business in the performance of services for the National

16 Council, members of the National Council shall be allowed

17 travel expenses, including per diem in lieu of subsistence,

18 in the same manner as persons employed intermittently

19 in the Government service are allowed expenses under sec20 tion 5703 of title 5, United States Code.

21 ‘‘STAFF OF NATIONAL COUNCIL

22 ‘‘SEC. 403. (a)(1) The Chairperson of the National

23 Council may appoint and remove, without regard to the

24 provisions of title 5, United States Code, governing ap25 pointments, the provisions of chapter 75 of such title (re26 lating to adverse actions), the provisions of chapter 77 of
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1 such title (relating to appeals), or the provisions of chapter

2 51 and subchapter III of chapter 53 of such title (relating

3 to classification and General Schedule pay rates), an Exec4 utive Director to assist the National Council to carry out

5 its duties. The Executive Director shall be appointed from

6 among individuals who are experienced in the planning or

7 operation of programs for individuals with disabilities.

8 ‘‘(2) The Executive Director is authorized to hire

9 technical and professional employees to assist the National

10 Council to carry out its duties.

11 ‘‘(b)(1) The National Council may procure temporary

12 and intermittent services to the same extent as is author13 ized by section 3109(b) of title 5, United States Code (but

14 at rates for individuals not to exceed the daily equivalent

15 of the rate of pay for level 4 of the Senior Executive Serv16 ice Schedule under section 5382 of title 5, United States

17 Code).

18 ‘‘(2) The National Council may—

19 ‘‘(A) accept voluntary and uncompensated serv20 ices, notwithstanding the provisions of section 1342

21 of title 31, United States Code;

22 ‘‘(B) in the name of the Council, solicit, accept,

23 employ, and dispose of, in furtherance of this Act,

24 any money or property, real or personal, or mixed,
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1 tangible or nontangible, received by gift, devise, be2 quest, or otherwise; and

3 ‘‘(C) enter into contracts and cooperative agree4 ments with Federal and State agencies, private

5 firms, institutions, and individuals for the conduct of

6 research and surveys, preparation of reports and

7 other activities necessary to the discharge of the

8 Council’s duties and responsibilities.

9 ‘‘(3) Not more than 10 per centum of the total

10 amounts available to the National Council in each fiscal

11 year may be used for official representation and reception.

12 ‘‘(c) The Administrator of General Services shall pro13 vide to the National Council on a reimbursable basis such

14 administrative support services as the Council may re15 quest.

16 ‘‘(d)(1) It shall be the duty of the Secretary of the

17 Treasury to invest such portion of the amounts made

18 available under subsection (a)(2)(B) as is not, in the Sec19 retary’s judgment, required to meet current withdrawals.

20 Such investments may be made only in interest-bearing

21 obligations of the United States or in obligations guaran22 teed as to both principal and interest by the United States.

23 ‘‘(2) The amounts described in paragraph (1), and

24 the interest on, and the proceeds from the sale or redemp-
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1 tion of, the obligations described in paragraph (1) shall

2 be available to the National Council to carry out this title.

3 ‘‘ADMINISTRATIVE POWERS OF NATIONAL COUNCIL

4 ‘‘SEC. 404. (a) The National Council may prescribe

5 such bylaws and rules as may be necessary to carry out

6 its duties under this title.

7 ‘‘(b) The National Council may hold such hearings,

8 sit and act at such times and places, take such testimony,

9 and receive such evidence as it deems advisable.

10 ‘‘(c) The National Council may appoint advisory com11 mittees to assist the National Council in carrying out its

12 duties. The members thereof shall serve without com13 pensation.

14 ‘‘(d) The National Council may use the United States

15 mails in the same manner and upon the same conditions

16 as other departments and agencies of the United States.

17 ‘‘(e) The National Council may use, with the consent

18 of the agencies represented on the Interagency Disability

19 Coordinating Council, and as authorized in title V, such

20 services, personnel, information, and facilities as may be

21 needed to carry out its duties under this title, with or with22 out reimbursement to such agencies.

23 ‘‘AUTHORIZATION OF APPROPRIATIONS

24 ‘‘SEC. 405. There are authorized to be appropriated

25 to carry out this title such sums as may be necessary for

26 each of the fiscal years 1998 through 2004.’’.
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1 SEC. 8. RIGHTS AND ADVOCACY.

2 (a) CONFORMING AMENDMENTS TO RIGHTS AND AD3 VOCACY PROVISIONS.—

4 (1) EMPLOYMENT.—Section 501 (29 U.S.C.

5 791) is amended—

6 (A) in the third sentence of subsection (a),

7 by striking ‘‘President’s Committees on Em8 ployment of the Handicapped’’ and inserting

9 ‘‘President’s Committees on Employment of

10 People With Disabilities’’; and

11 (B) in subsection (e), by striking ‘‘individ12 ualized written rehabilitation program’’ and in13 serting ‘‘individualized rehabilitation employ14 ment plan’’.

15 (2) ACCESS BOARD.—Section 502 (29 U.S.C.

16 792) is amended—

17 (A) in subsection (a)(1), in the sentence fol18 lowing subparagraph (B), by striking ‘‘Chair19 person’’ and inserting ‘‘chairperson’’;

20 (A) (B) in subsection (b)—

21 (i) in paragraph (9), by striking ‘‘;

22 and’’ and inserting a semicolon;

23 (ii) in paragraph (10), by striking the

24 period and inserting ‘‘; and’’; and

25 (iii) by adding at the end the follow26 ing:
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1 ‘‘(11) carry out the responsibilities specified for

2 the Access Board in section 508’’;

3 (B) (C) in subsection (d)(2)(A), by insert4 ing before the semicolon the following: ‘‘and

5 section 508(d)(2)(C)’’;

6 (C) (D) in subsection (g)(2), by striking

7 ‘‘Committee on Education and Labor’’ and in8 serting ‘‘Committee on Education and the

9 Workforce’’; and

10 (D) (E) in subsection (i), by striking ‘‘fis11 cal years 1993 through 1997’’ and inserting

12 ‘‘fiscal years 1998 through 2004’’.

13 (3)FEDERAL (3) FEDERAL GRANTS AND CON14 TRACTS.—Section 504(a) (29 U.S.C. 794(a)) is

15 amended in the first sentence by striking ‘‘section

16 7(8)’’ and inserting ‘‘section 7(20)’’.

17 (4) SECRETARIAL RESPONSIBILITIES.—Section

18 506(a) (29 U.S.C. 794b(a)) is amended—

19 (A) by striking the second sentence and in20 serting the following: ‘‘Any concurrence of the

21 Access Board under paragraph (2) shall reflect

22 its consideration of cost studies carried out by

23 States.’’; and

24 (B) in the second sentence of subsection

25 (c), by striking ‘‘provided under this para-
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1 graph’’ and inserting ‘‘provided under this sub2 section’’.

3 (b) ELECTRONIC AND INFORMATION TECHNOLOGY

4 REGULATIONS.—Section 508 (29 U.S.C. 794d) is amend5 ed to read as follows:

6 ‘‘SEC. 508. ELECTRONIC AND INFORMATION TECHNOLOGY

7 REGULATIONS.

8 ‘‘(a) DEFINITION.—In this section, the term ‘elec9 tronic and information technology’ includes—

10 ‘‘(1) any equipment, software, interface system,

11 operating system, or interconnected system or sub12 system of equipment, whether or not accessed re13 motely, that is used in the acquisition, storage, ma14 nipulation, management, movement, control, display,

15 switching, interchange, transmission, or reception of

16 data or information; and

17 ‘‘(2) any related service (including a support

18 service) and any related resource.

19 ‘‘(b) PROMULGATION OF RULES AND REGULA20 TIONS.—

21 ‘‘(1) PROCUREMENT, MAINTENANCE, AND USE

22 OF ELECTRONIC AND INFORMATION TECHNOLOGY.—

23 Consistent with paragraph (2), each Federal agency

24 shall procure, maintain, and use electronic and infor25 mation technology that allows, regardless of the type
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1 of medium of the technology, individuals with dis2 abilities to produce information and data, and have

3 access to information and data, comparable to the

4 information and data, and access, respectively, of in5 dividuals who are not individuals with disabilities.

6 ‘‘(2) REGULATIONS.—

7 ‘‘(A) IN GENERAL.—Not later than 1 year

8 after the date of enactment of the Rehabilita9 tion Act Amendments of 1998, the Access

10 Board, after consultation with the Secretary of

11 Education, the Administrator of the General

12 Services Administration, and the head of any

13 other Federal agency that the Access Board

14 may determine to be appropriate, and after con15 sultation with the electronic and information

16 technology industry and appropriate public or

17 nonprofit agencies or organizations, shall issue

18 regulations, including criteria for procurement

19 of accessible electronic and information tech20 nology, to implement this section.

21 ‘‘(B) CRITERIA.—The Access Board shall

22 consult with the Director of the National Insti23 tute on Disability and Rehabilitation Research

24 and the heads of other Federal agencies that

25 conduct applicable research, regarding relevant
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1 research findings to assist the Access Board in

2 developing and updating the criteria for pro3 curement of accessible technology required

4 under subparagraph (A).

5 ‘‘(C) REVIEWS AND AMENDMENTS.—The

6 Access Board shall review and amend the regu7 lations periodically to reflect technological ad8 vances or changes in electronic and information

9 technology.

10 ‘‘(c) TECHNICAL ASSISTANCE.—The Access Board

11 shall provide technical assistance to individuals and Fed12 eral agencies concerning the rights and responsibilities

13 provided under this section. The Administrator of the

14 General Services Administration shall provide technical

15 assistance to Federal agencies concerning the rights and

16 responsibilities provided under this section, in coordination

17 with the activities of the Access Board.

18 ‘‘(d) COMPLIANCE.—

19 ‘‘(1) IN GENERAL.—Not later than 1 year after

20 the date of enactment of the Rehabilitation Act

21 Amendments of 1998, the Access Board shall estab22 lish, by regulation issued under subsection (b), pro23 cedures for ensuring the compliance of Federal

24 agencies with this section (including the regulation).
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1 ‘‘(2) PROCEDURES.—At a minimum the regula2 tion shall establish procedures by which—

3 ‘‘(A) the head of each Federal agency shall

4 assess the compliance of the agency with this

5 section and report periodically to the Access

6 Board and the Director of the Office of Man7 agement and Budget on such compliance;

8 ‘‘(B) any aggrieved person may file a com9 plaint with the Access Board regarding non10 compliance by a Federal agency with this sec11 tion; and

12 ‘‘(C) the Access Board may, after provid13 ing notice and an opportunity for a hearing,

14 issue an order requiring compliance with this

15 section, which shall be final and binding on the

16 affected Federal agency.

17 ‘‘(3) OFFICE OF MANAGEMENT AND BUDGET

18 OVERSIGHT.—

19 ‘‘(A) OVERSIGHT AND COORDINATION.—

20 The Director of the Office of Management and

21 Budget shall oversee and coordinate the pro22 curement, financial management, information,

23 and regulatory policies of the executive branch

24 of the Federal Government relating to elec25 tronic and information technology.
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1 ‘‘(B) ISSUANCE OF POLICIES.—In issuing

2 circulars, bulletins, directives, memoranda, and

3 other policies affecting the procurement, main4 tenance, and use of electronic and information

5 technology, by Federal agencies, as appropriate,

6 the Director of the Office of Management and

7 Budget shall require compliance with this sec8 tion, including the regulations and criteria de9 scribed in subsection (b).

10 ‘‘(e) RELATIONSHIP TO OTHER LAWS.—This section

11 shall not be construed to limit a remedy, right, or proce12 dure available under any other provision of Federal law

13 (including title V and the Americans with Disabilities Act

14 of 1990), or State or local law (including State common

15 law) that provides greater or equal protection for the

16 rights of individuals with disabilities.’’.

17 (c) PROTECTION AND ADVOCACY OF INDIVIDUAL

18 RIGHTS.—Section 509 (29 U.S.C. 794e) is amended to

19 read as follows:

20 ‘‘SEC. 509. PROTECTION AND ADVOCACY OF INDIVIDUAL

21 RIGHTS.

22 ‘‘(a) PURPOSE.—The purpose of this section is to

23 support a system in each State to protect the legal and

24 human rights of individuals with disabilities who—
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1 ‘‘(1) need services that are beyond the scope of

2 services authorized to be provided by the client as3 sistance program under section 112; and

4 ‘‘(2) are ineligible for protection and advocacy

5 programs under part C of the Developmental Dis6 abilities Assistance and Bill of Rights Act (42

7 U.S.C. 6041 et seq.) because the individuals do not

8 have a developmental disability, as defined in section

9 102 of such Act (42 U.S.C. 6002) and the Protec10 tion and Advocacy for Mentally Ill Individuals Act of

11 1986 (42 U.S.C. 10801 et seq.) because the individ12 uals are not individuals with mental illness, as de13 fined in section 102 of such Act (42 U.S.C. 10802).

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

15 any fiscal year in which the amount appropriated to carry

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

17 may make grants from such amount to eligible systems

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

19 and carry out protection and advocacy programs author20 ized under this section for individuals with disabilities who

21 meet the requirements of paragraphs (1) and (2) of sub22 section (a).

23 ‘‘(c) APPROPRIATIONS OF $5,500,000 OR MORE.—

24 ‘‘(1) RESERVATIONS.—
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1 ‘‘(A) TECHNICAL ASSISTANCE.—For any

2 fiscal year in which the amount appropriated to

3 carry out this section equals or exceeds

4 $5,500,000, the Commissioner shall set aside

5 not less than 1.8 percent and not more than 2.2

6 percent of the amount to provide training and

7 technical assistance to the systems established

8 under this section.

9 ‘‘(B) GRANT FOR THE ELIGIBLE SYSTEM

10 SERVING THE AMERICAN INDIAN CONSOR11 TIUM.—For any fiscal year in which the

12 amount appropriated to carry out this section

13 equals or exceeds $10,500,000, the Commis14 sioner shall reserve a portion, and use the por15 tion to make a grant for the eligible system

16 serving the American Indian consortium. The

17 Commission shall make the grant in an amount

18 of not less than $50,000 for the fiscal year.

19 ‘‘(2) ALLOTMENTS.—For any such fiscal year,

20 after the reservations required by paragraph (1)

21 have been made, the Commissioner shall make allot22 ments from the remainder of such amount in accord23 ance with paragraph (3) to eligible systems within

24 States to enable such systems to carry out protec-
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1 tion and advocacy programs authorized under this

2 section for such individuals.

3 ‘‘(3) SYSTEMS WITHIN STATES.—

4 ‘‘(A) POPULATION BASIS.—Except as pro5 vided in subparagraph (B), from such remain6 der for each such fiscal year, the Commissioner

7 shall make an allotment to the eligible system

8 within a State of an amount bearing the same

9 ratio to such remainder as the population of the

10 State bears to the population of all States.

11 ‘‘(B) MINIMUMS.—Subject to the availabil12 ity of appropriations to carry out this section,

13 and except as provided in paragraph (4), the al14 lotment to any system under subparagraph (A)

15 shall be not less than $100,000 or one-third of

16 one percent of the remainder for the fiscal year

17 for which the allotment is made, whichever is

18 greater, and the allotment to any system under

19 this section for any fiscal year that is less than

20 $100,000 or one-third of one percent of such

21 remainder shall be increased to the greater of

22 the two amounts.

23 ‘‘(4) SYSTEMS WITHIN OTHER JURISDIC24 TIONS.—
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1 ‘‘(A) IN GENERAL.—For the purposes of

2 paragraph (3)(B), Guam, American Samoa, the

3 United States Virgin Islands, and the Common4 wealth of the Northern Mariana Islands shall

5 not be considered to be States.

6 ‘‘(B) ALLOTMENT.—The eligible system

7 within a jurisdiction described in subparagraph

8 (A) shall be allotted under paragraph (3)(A)

9 not less than $50,000 for the fiscal year for

10 which the allotment is made.

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

12 fiscal year, beginning in fiscal year 1999, in which

13 the total amount appropriated to carry out this sec14 tion exceeds the total amount appropriated to carry

15 out this section for the preceding fiscal year, the

16 Commissioner shall increase each of the minimum

17 grants or allotments under paragraphs (1)(B),

18 (3)(B), and (4)(B) by a percentage that shall not ex19 ceed the percentage increase in the total amount ap20 propriated to carry out this section between the pre21 ceding fiscal year and the fiscal year involved.

22 ‘‘(d) PROPORTIONAL REDUCTION.—To provide mini23 mum allotments to systems within States (as increased

24 under subsection (c)(5)) under subsection (c)(3)(B), or to

25 provide minimum allotments to systems within States (as
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1 increased under subsection (c)(5)) under subsection

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

3 the allotments of the remaining systems within States

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

5 necessary to prevent the allotment of any such remaining

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

7 minimum allotment for a system within a State (as in8 creased under subsection (c)(5)) under subsection

9 (c)(3)(B), or the minimum allotment for a State (as in10 creased under subsection (c)(5)) under subsection

11 (c)(4)(B), as appropriate.

12 ‘‘(e) REALLOTMENT.—Whenever the Commissioner

13 determines that any amount of an allotment to a system

14 within a State for any fiscal year described in subsection

15 (c)(1) will not be expended by such system in carrying out

16 the provisions of this section, the Commissioner shall

17 make such amount available for carrying out the provi18 sions of this section to one or more of the systems that

19 the Commissioner determines will be able to use additional

20 amounts during such year for carrying out such provi21 sions. Any amount made available to a system for any fis22 cal year pursuant to the preceding sentence shall, for the

23 purposes of this section, be regarded as an increase in the

24 allotment of the system (as determined under the preced25 ing provisions of this section) for such year.
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1 ‘‘(f) APPLICATION.—In order to receive assistance

2 under this section, an eligible system shall submit an ap3 plication to the Commissioner, at such time, in such form

4 and manner, and containing such information and assur5 ances as the Commissioner determines necessary to meet

6 the requirements of this section, including assurances that

7 the eligible system will—

8 ‘‘(1) have in effect a system to protect and ad9 vocate the rights of individuals with disabilities;

10 ‘‘(2) have the same general authorities, includ11 ing access to records and program income, as are set

12 forth in part C of the Developmental Disabilities As13 sistance and Bill of Rights Act (42 U.S.C. 6041 et

14 seq.);

15 ‘‘(3) have the authority to pursue legal, admin16 istrative, and other appropriate remedies or ap17 proaches to ensure the protection of, and advocacy

18 for, the rights of such individuals within the State

19 or the American Indian consortium who are individ20 uals described in subsection (a);

21 ‘‘(4) provide information on and make referrals

22 to programs and services addressing the needs of in23 dividuals with disabilities in the State or the Amer24 ican Indian consortium;
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1 ‘‘(5) develop a statement of objectives and pri2 orities on an annual basis, and provide to the public,

3 including individuals with disabilities and, as appro4 priate, the individuals’ representatives, an oppor5 tunity to comment on the objectives and priorities

6 established by, and activities of, the system includ7 ing—

8 ‘‘(A) the objectives and priorities for the

9 activities of the system for each year and the

10 rationale for the establishment of such objec11 tives and priorities; and

12 ‘‘(B) the coordination of programs pro13 vided through the system under this section

14 with the advocacy programs of the client assist15 ance program under section 112, the State

16 long-term care ombudsman program established

17 under the Older Americans Act of 1965 (42

18 U.S.C. 3001 et seq.), the Developmental Dis19 abilities Assistance and Bill of Rights Act (42

20 U.S.C. 6000 et seq.), and the Protection and

21 Advocacy for Mentally Ill Individuals Act of

22 1986 (42 U.S.C. 10801 et seq.);

23 ‘‘(6) establish a grievance procedure for clients

24 or prospective clients of the system to ensure that
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1 individuals with disabilities are afforded equal oppor2 tunity to access the services of the system;

3 ‘‘(7) provide assurances to the Commissioner

4 that funds made available under this section will be

5 used to supplement and not supplant the non-Fed6 eral funds that would otherwise be made available

7 for the purpose for which Federal funds are pro8 vided; and

9 ‘‘(8) not use allotments or grants provided

10 under this section in a manner inconsistent with sec11 tion 5 of the Assisted Suicide Funding Restriction

12 Act of 1997.

13 ‘‘(g) CARRYOVER AND DIRECT PAYMENT.—

14 ‘‘(1) DIRECT PAYMENT.—Notwithstanding any

15 other provision of law, the Commissioner shall pay

16 directly to any system that complies with the provi17 sions of this section, the amount of the allotment of

18 the State or the grant for the eligible system that

19 serves the American Indian consortium involved

20 under this section, unless the State or American In21 dian consortium provides otherwise.

22 ‘‘(2) CARRYOVER.—Any amount paid to an eli23 gible system that serves a State or American Indian

24 consortium for a fiscal year that remains unobli25 gated at the end of such year shall remain available
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1 to such system that serves the State or American In2 dian consortium for obligation during the next fiscal

3 year for the purposes for which such amount was

4 paid.

5 ‘‘(h) LIMITATION ON DISCLOSURE REQUIRE6 MENTS.—For purposes of any audit, report, or evaluation

7 of the performance of the program established under this

8 section, the Commissioner shall not require such a pro9 gram to disclose the identity of, or any other personally

10 identifiable information related to, any individual request11 ing assistance under such program.

12 ‘‘(i) ADMINISTRATIVE COST.—In any State in which

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

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

15 for the cost of the administration of the system required

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

17 of the allotment.

18 ‘‘(j) DELEGATION.—The Commissioner may delegate

19 the administration of this program to the Commissioner

20 of the Administration on Developmental Disabilities with21 in the Department of Health and Human Services.

22 ‘‘(k) REPORT.—The Commissioner shall annually

23 prepare and submit to the Committee on Education and

24 the Workforce of the House of Representatives and the

25 Committee on Labor and Human Resources of the Senate
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1 a report describing the types of services and activities

2 being undertaken by programs funded under this section,

3 the total number of individuals served under this section,

4 the types of disabilities represented by such individuals,

5 and the types of issues being addressed on behalf of such

6 individuals.

7 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There

8 are authorized to be appropriated to carry out this section

9 such sums as may be necessary for each of the fiscal years

10 1998 through 2004.

11 ‘‘(m) DEFINITIONS.—As used in this section:

12 ‘‘(1) ELIGIBLE SYSTEM.—The term ‘eligible

13 system’ means a protection and advocacy system

14 that is established under part C of the Develop15 mental Disabilities Assistance and Bill of Rights Act

16 (42 U.S.C. 6041 et seq.) and that meets the require17 ments of subsection (f).

18 ‘‘(2) AMERICAN INDIAN CONSORTIUM.—The

19 term ‘American Indian consortium’ means a consor20 tium established as described in section 142 of the

21 Developmental Disabilities Assistance and Bill of

22 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; and

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 under 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 provide for the docu18 mentation of the respective responsibilities of the

19 self-employment project and any client with regard

20 to the creation, maintenance, or expansion of the cli21 ent’s self-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) concerning the number of clients as6 sisted by the project who are still engaged in

7 such an enterprise 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 on

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 that 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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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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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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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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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 prac2 ticable, ensure an equitable distribution of payments made

3 under this section among the States. To the extent funds

4 are available, the Commissioner shall award grants under

5 this section to new projects that will serve individuals with

6 disabilities 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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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 onsite compliance reviews, identifying individual

6 grant 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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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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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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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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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 onsite; 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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1 Register indicators of minimum compliance consistent

2 with the standards set forth in section 725.

3 ‘‘(c) ON-SITE ONSITE COMPLIANCE REVIEWS.—

4 ‘‘(1) REVIEWS.—The Commissioner shall annu5 ally conduct on-site onsite compliance reviews of at

6 least 15 percent of the centers for independent living

7 that receive funds under section 722 and shall peri8 odically conduct such a review of each such center.

9 The Commissioner shall select such centers for re10 view on a random basis. The Commissioner shall an11 nually conduct onsite compliance reviews of at least

12 one-third of the designated State units that receive

13 funding under section 723, and, to the extent nec14 essary to determine the compliance of such a State

15 unit with subsections (f) and (g) of section 723, cen16 ters that receive funding under section 723 in such

17 State. The Commissioner shall select the centers and

18 State units described in this paragraph for review on

19 a random basis.

20 ‘‘(2) QUALIFICATIONS OF EMPLOYEES CON21 DUCTING REVIEWS.—The Commissioner shall—

22 ‘‘(A) to the maximum extent practicable,

23 carry out such a review by using employees of

24 the Department who are knowledgeable about

25 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 onsite compliance reviews, identifying indi19 vidual centers for independent living and other recipients

20 of assistance 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 that have experience

11 in the operation of centers for independent living to

12 provide such training and technical assistance with

13 respect to planning, developing, conducting, admin14 istering, and evaluating centers for independent liv15 ing.

16 ‘‘(3) FUNDING PRIORITIES.—The Commissioner

17 shall conduct a survey of Statewide Independent

18 Living Councils and centers for independent living

19 regarding training and technical assistance needs in

20 order to determine funding priorities for such

21 grants, contracts, and other arrangements.

22 ‘‘(4) REVIEW.—To be eligible to receive a grant

23 or enter into a contract or other arrangement under

24 this subsection, such an entity shall submit an appli25 cation to the Commissioner at such time, in such
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1 manner, and containing a proposal to provide such

2 training and technical assistance, and containing

3 such additional information as the Commissioner

4 may require. The Commissioner shall provide for

5 peer review of grant applications by panels that in6 clude persons who are not government employees

7 and who have experience in the operation of centers

8 for independent living.

9 ‘‘(5) PROHIBITION ON COMBINED FUNDS.—No

10 funds reserved by the Commissioner under this sub11 section may be combined with funds appropriated

12 under any other Act or part of this Act if the pur13 pose of combining funds is to make a single discre14 tionary grant or a single discretionary payment, un15 less such funds appropriated under this chapter are

16 separately identified in such grant or payment and

17 are used for the purposes of this chapter.

18 ‘‘(c) IN GENERAL.—

19 ‘‘(1) STATES.—

20 ‘‘(A) POPULATION BASIS.—After the res21 ervation required by subsection (b) has been

22 made, and except as provided in subparagraphs

23 (B) and (C), from the remainder of the

24 amounts appropriated for each such fiscal year

25 to carry out this part, the Commissioner shall
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1 make an allotment to each State whose State

2 plan has been approved under section 706 of an

3 amount bearing the same ratio to such remain4 der as the population of the State bears to the

5 population of all States.

6 ‘‘(B) MAINTENANCE OF 1992 AMOUNTS.—

7 Subject to the availability of appropriations to

8 carry out this part, the amount of any allot9 ment made under subparagraph (A) to a State

10 for a fiscal year shall not be less than the

11 amount of financial assistance received by cen12 ters for independent living in the State for fis13 cal year 1992 under part B of this title, as in

14 effect on the day before the date of enactment

15 of the Rehabilitation Act Amendments of 1992.

16 ‘‘(C) MINIMUMS.—Subject to the availabil17 ity of appropriations to carry out this part and

18 except as provided in subparagraph (B), for a

19 fiscal year in which the amounts appropriated

20 to carry out this part exceed the amounts ap21 propriated for fiscal year 1992 to carry out part

22 B of this title, as in effect on the day before the

23 date of enactment of the Rehabilitation Act

24 Amendments of 1992—
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1 ‘‘(i) if such excess is not less than

2 $8,000,000, the allotment to any State

3 under subparagraph (A) shall be not less

4 than $450,000 or one-third of one percent

5 of the sums made available for the fiscal

6 year for which the allotment is made,

7 whichever is greater, and the allotment of

8 any State under this section for any fiscal

9 year that is less than $450,000 or one10 third of one percent of such sums shall be

11 increased to the greater of the two

12 amounts;

13 ‘‘(ii) if such excess is not less than

14 $4,000,000 and is less than $8,000,000,

15 the allotment to any State under subpara16 graph (A) shall be not less than $400,000

17 or one-third of one percent of the sums

18 made available for the fiscal year for which

19 the allotment is made, whichever is great20 er, and the allotment of any State under

21 this section for any fiscal year that is less

22 than $400,000 or one-third of one percent

23 of such sums shall be increased to the

24 greater of the two amounts; and
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1 ‘‘(iii) if such excess is less than

2 $4,000,000, the allotment to any State

3 under subparagraph (A) shall approach, as

4 nearly as possible, the greater of the two

5 amounts described in clause (ii).

6 ‘‘(2) CERTAIN TERRITORIES.—

7 ‘‘(A) IN GENERAL.—For the purposes of

8 paragraph (1)(C), Guam, American Samoa, the

9 United States Virgin Islands, and the Common10 wealth of the Northern Mariana Islands shall

11 not be considered to be States.

12 ‘‘(B) ALLOTMENT.—Each jurisdiction de13 scribed in subparagraph (A) shall be allotted

14 under paragraph (1)(A) not less than one15 eighth of one percent of the remainder for the

16 fiscal year for which the allotment is made.

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

18 fiscal year, beginning in fiscal year 1999, in which

19 the total amount appropriated to carry out this part

20 exceeds the total amount appropriated to carry out

21 this part for the preceding fiscal year, the Commis22 sioner shall increase the minimum allotment under

23 paragraph (1)(C) by a percentage that shall not ex24 ceed the percentage increase in the total amount ap-
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1 propriated to carry out this part between the preced2 ing fiscal year and the fiscal year involved.

3 ‘‘(4) PROPORTIONAL REDUCTION.—To provide

4 allotments to States in accordance with paragraph

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

6 increased under paragraph (3)) under paragraph

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

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

9 proportionately reduce the allotments of the remain10 ing States under paragraph (1)(A), with such ad11 justments as may be necessary to prevent the allot12 ment of any such remaining State from being re13 duced to less than the amount required by para14 graph (1)(B).

15 ‘‘(d) 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 for

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. 722. GRANTS TO CENTERS FOR INDEPENDENT LIV4 ING IN STATES IN WHICH FEDERAL FUNDING

5 EXCEEDS STATE FUNDING.

6 ‘‘(a) ESTABLISHMENT.—

7 ‘‘(1) IN GENERAL.—Unless the director of a

8 designated State unit awards grants under section

9 723 to eligible agencies in a State for a fiscal year,

10 the Commissioner shall award grants under this sec11 tion to such eligible agencies for such fiscal year

12 from the amount of funds allotted to the State

13 under subsection (c) or (d) of section 721 for such

14 year.

15 ‘‘(2) GRANTS.—The Commissioner shall award

16 such grants, from the amount of funds so allotted,

17 to such eligible agencies for the planning, conduct,

18 administration, and evaluation of centers for inde19 pendent living that comply with the standards and

20 assurances set forth in section 725.

21 ‘‘(b) ELIGIBLE AGENCIES.—In any State in which

22 the Commissioner has approved the State plan required

23 by section 704, the Commissioner may make a grant

24 under this section to any eligible agency that—
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1 ‘‘(1) has the power and authority to carry out

2 the purpose of this part and perform the functions

3 set forth in section 725 within a community and to

4 receive and administer funds under this part, funds

5 and contributions from private or public sources that

6 may be used in support of a center for independent

7 living, and funds from other public and private pro8 grams;

9 ‘‘(2) is determined by the Commissioner to be

10 able to plan, conduct, administer, and evaluate a

11 center for independent living consistent with the

12 standards and assurances set forth in section 725;

13 and

14 ‘‘(3) submits an application to the Commis15 sioner at such time, in such manner, and containing

16 such information as the Commissioner may require.

17 ‘‘(c) EXISTING ELIGIBLE AGENCIES.—In the admin18 istration of the provisions of this section, the Commis19 sioner shall award grants to any eligible agency that has

20 been awarded a grant under this part by September 30,

21 1997, unless the Commissioner makes a finding that the

22 agency involved fails to meet program and fiscal standards

23 and assurances set forth in section 725.

24 ‘‘(d) NEW CENTERS FOR INDEPENDENT LIVING.—
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1 ‘‘(1) IN GENERAL.—If there is no center for

2 independent living serving a region of the State or

3 a region is underserved, and the increase in the al4 lotment of the State is sufficient to support an addi5 tional center for independent living in the State, the

6 Commissioner may award a grant under this section

7 to the most qualified applicant proposing to serve

8 such region, consistent with the provisions in the

9 State plan setting forth the design of the State for

10 establishing a statewide network of centers for inde11 pendent living.

12 ‘‘(2) SELECTION.—In selecting from among ap13 plicants for a grant under this section for a new cen14 ter for independent living, the Commissioner—

15 ‘‘(A) shall consider comments regarding

16 the application, if any, by the Statewide Inde17 pendent Living Council in the State in which

18 the applicant is located;

19 ‘‘(B) shall consider the ability of each such

20 applicant to operate a center for independent

21 living based on—

22 ‘‘(i) evidence of the need for such a

23 center;
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1 ‘‘(ii) any past performance of such ap2 plicant in providing services comparable to

3 independent living services;

4 ‘‘(iii) the plan for satisfying or dem5 onstrated success in satisfying the stand6 ards and the assurances set forth in sec7 tion 725;

8 ‘‘(iv) the quality of key personnel and

9 the involvement of individuals with signifi10 cant disabilities;

11 ‘‘(v) budgets and cost-effectiveness;

12 ‘‘(vi) an evaluation plan; and

13 ‘‘(vii) the ability of such applicant to

14 carry out the plans; and

15 ‘‘(C) shall give priority to applications

16 from applicants proposing to serve geographic

17 areas within each State that are currently

18 unserved or underserved by independent living

19 programs, consistent with the provisions of the

20 State plan submitted under section 704 regard21 ing establishment of a statewide network of

22 centers for independent living.

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.—The Commissioner

4 shall be guided by the following order of priorities in allo5 cating funds among centers for independent living within

6 a State, to the extent funds are available:

7 ‘‘(1) The Commissioner shall support existing

8 centers for independent living, as described in sub9 section (c), that comply with the standards and as10 surances set forth in section 725, at the level of

11 funding for the previous year.

12 ‘‘(2) The Commissioner shall provide for a cost13 of-living increase for such existing centers for inde14 pendent living.

15 ‘‘(3) The Commissioner shall fund new centers

16 for independent living, as described in subsection

17 (d), that comply with the standards and assurances

18 set forth in section 725.

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

20 provides or manages residential housing after October 1,

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

22 under this section.

23 ‘‘(g) REVIEW.—

24 ‘‘(1) IN GENERAL.—The Commissioner shall

25 periodically review each center receiving funds under
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1 this section to determine whether such center is in

2 compliance with the standards and assurances set

3 forth in section 725. If the Commissioner determines

4 that any center receiving funds under this section is

5 not in compliance with the standards and assurances

6 set forth in section 725, the Commissioner shall im7 mediately notify such center that it is out of compli8 ance.

9 ‘‘(2) ENFORCEMENT.—The Commissioner shall

10 terminate all funds under this section to such center

11 90 days after the date of such notification unless the

12 center submits a plan to achieve compliance within

13 90 days of such notification and such plan is ap14 proved by the Commissioner.

15 ‘‘SEC. 723. GRANTS TO CENTERS FOR INDEPENDENT LIV16 ING IN STATES IN WHICH STATE FUNDING

17 EQUALS OR EXCEEDS FEDERAL FUNDING.

18 ‘‘(a) ESTABLISHMENT.—

19 ‘‘(1) IN GENERAL.—

20 ‘‘(A) INITIAL YEAR.—

21 ‘‘(i) DETERMINATION.—The director

22 of a designated State unit, as provided in

23 paragraph (2), or the Commissioner, as

24 provided in paragraph (3), shall award

25 grants under this section for an initial fis-
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1 cal year if the Commissioner determines

2 that the amount of State funds that were

3 earmarked by a State for a preceding fiscal

4 year to support the general operation of

5 centers for independent living meeting the

6 requirements of this part equaled or ex7 ceeded the amount of funds allotted to the

8 State under subsection (c) or (d) of section

9 721 for such year.

10 ‘‘(ii) GRANTS.—The director or the

11 Commissioner, as appropriate, shall award

12 such grants, from the amount of funds so

13 allotted for the initial fiscal year, to eligible

14 agencies in the State for the planning, con15 duct, administration, and evaluation of

16 centers for independent living that comply

17 with the standards and assurances set

18 forth in section 725.

19 ‘‘(iii) REGULATION.—The Commis20 sioner shall by regulation specify the pre21 ceding fiscal year with respect to which the

22 Commissioner will make the determina23 tions described in clause (i) and subpara24 graph (B), making such adjustments as

25 may be necessary to accommodate State
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1 funding cycles such as 2-year funding cy2 cles or State fiscal years that do not coin3 cide with the Federal fiscal year.

4 ‘‘(B) SUBSEQUENT YEARS.—For each year

5 subsequent to the initial fiscal year described in

6 subparagraph (A), the director of the des7 ignated State unit shall continue to have the

8 authority to award such grants under this sec9 tion if the Commissioner determines that the

10 State continues to earmark the amount of State

11 funds described in subparagraph (A)(i). If the

12 State does not continue to earmark such an

13 amount for a fiscal year, the State shall be in14 eligible to make grants under this section after

15 a final year following such fiscal year, as de16 fined in accordance with regulations established

17 by the Commissioner, and for each subsequent

18 fiscal year.

19 ‘‘(2) GRANTS BY DESIGNATED STATE UNITS.—

20 In order for the designated State unit to be eligible

21 to award the grants described in paragraph (1) and

22 carry out this section for a fiscal year with respect

23 to a State, the designated State agency shall submit

24 an application to the Commissioner at such time,

25 and in such manner as the Commissioner may re-
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1 quire, including information about the amount of

2 State funds described in paragraph (1) for the pre3 ceding fiscal year. If the Commissioner makes a de4 termination described in subparagraph (A)(i) or (B),

5 as appropriate, of paragraph (1), the Commissioner

6 shall approve the application and designate the di7 rector of the designated State unit to award the

8 grant and carry out this section.

9 ‘‘(3) GRANTS BY COMMISSIONER.—If the des10 ignated State agency of a State described in para11 graph (1) does not submit and obtain approval of an

12 application under paragraph (2), the Commissioner

13 shall award the grant described in paragraph (1) to

14 eligible agencies in the State in accordance with sec15 tion 722.

16 ‘‘(b) ELIGIBLE AGENCIES.—In any State in which

17 the Commissioner has approved the State plan required

18 by section 704, the director of the designated State unit

19 may award a grant under this section to any eligible agen20 cy that—

21 ‘‘(1) has the power and authority to carry out

22 the purpose of this part and perform the functions

23 set forth in section 725 within a community and to

24 receive and administer funds under this part, funds

25 and contributions from private or public sources that
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1 may be used in support of a center for independent

2 living, and funds from other public and private pro3 grams;

4 ‘‘(2) is determined by the director to be able to

5 plan, conduct, administer, and evaluate a center for

6 independent living, consistent with the standards

7 and assurances set forth in section 725; and

8 ‘‘(3) submits an application to the director at

9 such time, in such manner, and containing such in10 formation as the head of the designated State unit

11 may require.

12 ‘‘(c) EXISTING ELIGIBLE AGENCIES.—In the admin13 istration of the provisions of this section, the director of

14 the designated State unit shall award grants under this

15 section to any eligible agency that has been awarded a

16 grant under this part by September 30, 1997, unless the

17 director makes a finding that the agency involved fails to

18 comply with the standards and assurances set forth in sec19 tion 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 the region is unserved or underserved, and the in24 crease in the allotment of the State is sufficient to

25 support an additional center for independent living
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1 in the State, the director of the designated State

2 unit may award a grant under this section from

3 among eligible agencies, consistent with the provi4 sions of the State plan under section 704 setting

5 forth the design of the State for establishing a state6 wide network of centers for independent living.

7 ‘‘(2) SELECTION.—In selecting from among eli8 gible agencies in awarding a grant under this part

9 for a new center for independent living—

10 ‘‘(A) the director of the designated State

11 unit and the chairperson of, or other individual

12 designated by, the Statewide Independent Liv13 ing Council acting on behalf of and at the direc14 tion of the Council, shall jointly appoint a peer

15 review committee that shall rank applications in

16 accordance with the standards and assurances

17 set forth in section 725 and criteria jointly es18 tablished by such director and such chairperson

19 or individual;

20 ‘‘(B) the peer review committee shall con21 sider the ability of each such applicant to oper22 ate a center for independent living, and shall

23 recommend an applicant to receive a grant

24 under this section, based on—
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1 ‘‘(i) evidence of the need for a center

2 for independent living, consistent with the

3 State plan;

4 ‘‘(ii) any past performance of such ap5 plicant in providing services comparable to

6 independent living services;

7 ‘‘(iii) the plan for complying with, or

8 demonstrated success in complying with,

9 the standards and the assurances set forth

10 in section 725;

11 ‘‘(iv) the quality of key personnel of

12 the applicant and the involvement of indi13 viduals with significant disabilities by the

14 applicant;

15 ‘‘(v) the budgets and cost-effectiveness

16 of the applicant;

17 ‘‘(vi) the evaluation plan of the appli18 cant; and

19 ‘‘(vii) the ability of such applicant to

20 carry out the plans; and

21 ‘‘(C) the director of the designated State

22 unit shall award the grant on the basis of the

23 recommendations of the peer review committee

24 if the actions of the committee are consistent

25 with Federal and State law.
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1 ‘‘(3) CURRENT CENTERS.—Notwithstanding

2 paragraphs (1) and (2), a center for independent liv3 ing that receives assistance under part B for a fiscal

4 year shall be eligible for a grant for the subsequent

5 fiscal year under this subsection.

6 ‘‘(e) ORDER OF PRIORITIES.—Unless the director of

7 the designated State unit and the chairperson of the Coun8 cil or other individual designated by the Council acting

9 on behalf of and at the direction of the Council jointly

10 agree on another order of priority, the director shall be

11 guided by the following order of priorities in allocating

12 funds among centers for independent living within a State,

13 to the extent funds are available:

14 ‘‘(1) The director of the designated State unit

15 shall support existing centers for independent living,

16 as described in subsection (c), that comply with the

17 standards and assurances set forth in section 725,

18 at the level of funding for the previous year.

19 ‘‘(2) The director of the designated State unit

20 shall provide for a cost-of-living increase for such ex21 isting centers for independent living.

22 ‘‘(3) The director of the designated State unit

23 shall fund new centers for independent living, as de24 scribed in subsection (d), that comply with the

25 standards and assurances set forth in section 725.
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1 ‘‘(f) NONRESIDENTIAL AGENCIES.—A center that

2 provides or manages residential housing after October 1,

3 1994, shall not be considered to be an eligible agency

4 under this section.

5 ‘‘(g) REVIEW.—

6 ‘‘(1) IN GENERAL.—The director of the des7 ignated State unit shall periodically review each cen8 ter receiving funds under this section to determine

9 whether such center is in compliance with the stand10 ards and assurances set forth in section 725. If the

11 director of the designated State unit determines that

12 any center receiving funds under this section is not

13 in compliance with the standards and assurances set

14 forth in section 725, the director of the designated

15 State unit shall immediately notify such center that

16 it is out of compliance.

17 ‘‘(2) ENFORCEMENT.—The director of the des18 ignated State unit shall terminate all funds under

19 this section to such center 90 days after—

20 ‘‘(A) the date of such notification; or

21 ‘‘(B) in the case of a center that requests

22 an appeal under subsection (i), the date of any

23 final decision under subsection (i),
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1 unless the center submits a plan to achieve compli2 ance within 90 days and such plan is approved by

3 the director, or if appealed, by the Commissioner.

4 ‘‘(h) ON-SITE ONSITE COMPLIANCE REVIEW.—The

5 director of the designated State unit shall annually con6 duct onsite compliance reviews of at least 15 percent of

7 the centers for independent living that receive funding

8 under this section in the State. Each team that conducts

9 on-site onsite compliance review of centers for independent

10 living shall include at least one person who is not an em11 ployee of the designated State agency, who has experience

12 in the operation of centers for independent living, and who

13 is jointly selected by the director of the designated State

14 unit and the chairperson of or other individual designated

15 by the Council acting on behalf of and at the direction

16 of the Council. A copy of this review shall be provided to

17 the Commissioner.

18 ‘‘(i) ADVERSE ACTIONS.—If the director of the des19 ignated State unit proposes to take a significant adverse

20 action against a center for independent living, the center

21 may seek mediation and conciliation to be provided by an

22 individual or individuals who are free of conflicts of inter23 est identified by the chairperson of or other individual des24 ignated by the Council. If the issue is not resolved through

25 the mediation and conciliation, the center may appeal the
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1 proposed adverse action to the Commissioner for a final

2 decision.

3 ‘‘SEC. 724. CENTERS OPERATED BY STATE AGENCIES.

4 ‘‘A State that receives assistance for fiscal year 1993

5 with respect to a center in accordance with subsection (a)

6 of this section (as in effect on the day before the date

7 of enactment of the Rehabilitation Act Amendments of

8 1998) may continue to receive assistance under this part

9 for fiscal year 1994 or a succeeding fiscal year if, for such

10 fiscal year—

11 ‘‘(1) no nonprofit private agency—

12 ‘‘(A) submits an acceptable application to

13 operate a center for independent living for the

14 fiscal year before a date specified by the Com15 missioner; and

16 ‘‘(B) obtains approval of the application

17 under section 722 or 723; or

18 ‘‘(2) after funding all applications so submitted

19 and approved, the Commissioner determines that

20 funds remain available to provide such assistance.

21 ‘‘SEC. 725. STANDARDS AND ASSURANCES FOR CENTERS

22 FOR INDEPENDENT LIVING.

23 ‘‘(a) IN GENERAL.—Each center for independent liv24 ing that receives assistance under this part shall comply

25 with the standards set out in subsection (b) and provide
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1 and comply with the assurances set out in subsection (c)

2 in order to ensure that all programs and activities under

3 this part are planned, conducted, administered, and evalu4 ated in a manner consistent with the purposes of this

5 chapter and the objective of providing assistance effec6 tively and efficiently.

7 ‘‘(b) STANDARDS.—

8 ‘‘(1) PHILOSOPHY.—The center shall promote

9 and practice the independent living philosophy of—

10 ‘‘(A) consumer control of the center re11 garding decisionmaking, service delivery, man12 agement, and establishment of the policy and

13 direction of the center;

14 ‘‘(B) self-help and self-advocacy;

15 ‘‘(C) development of peer relationships and

16 peer role models; and

17 ‘‘(D) equal access of individuals with sig18 nificant disabilities to society and to all serv19 ices, programs, activities, resources, and facili20 ties, whether public or private and regardless of

21 the funding source.

22 ‘‘(2) PROVISION OF SERVICES.—The center

23 shall provide services to individuals with a range of

24 significant disabilities. The center shall provide serv25 ices on a cross-disability basis (for individuals with
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1 all different types of significant disabilities, includ2 ing individuals with significant disabilities who are

3 members of populations that are unserved or under4 served by programs under this title). Eligibility for

5 services at any center for independent living shall be

6 determined by the center, and shall not be based on

7 the presence of any one or more specific significant

8 disabilities.

9 ‘‘(3) INDEPENDENT LIVING GOALS.—The center

10 shall facilitate the development and achievement of

11 independent living goals selected by individuals with

12 significant disabilities who seek such assistance by

13 the center.

14 ‘‘(4) COMMUNITY OPTIONS.—The center shall

15 work to increase the availability and improve the

16 quality of community options for independent living

17 in order to facilitate the development and achieve18 ment of independent living goals by individuals with

19 significant disabilities.

20 ‘‘(5) INDEPENDENT LIVING CORE SERVICES.—

21 The center shall provide independent living core

22 services and, as appropriate, a combination of any

23 other independent living services.

24 ‘‘(6) ACTIVITIES TO INCREASE COMMUNITY CA25 PACITY.—The center shall conduct activities to in-
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1 crease the capacity of communities within the service

2 area of the center to meet the needs of individuals

3 with significant disabilities.

4 ‘‘(7) RESOURCE DEVELOPMENT ACTIVITIES.—

5 The center shall conduct resource development ac6 tivities to obtain funding from sources other than

7 this chapter.

8 ‘‘(c) ASSURANCES.—The eligible agency shall provide

9 at such time and in such manner as the Commissioner

10 may require, such satisfactory assurances as the Commis11 sioner may require, including satisfactory assurances

12 that—

13 ‘‘(1) the applicant is an eligible agency;

14 ‘‘(2) the center will be designed and operated

15 within local communities by individuals with disabil16 ities, including an assurance that the center will

17 have a Board that is the principal governing body of

18 the center and a majority of which shall be com19 posed of individuals with significant disabilities;

20 ‘‘(3) the applicant will comply with the stand21 ards set forth in subsection (b);

22 ‘‘(4) the applicant will establish clear priorities

23 through annual and 3-year program and financial

24 planning objectives for the center, including overall

25 goals or a mission for the center, a work plan for
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1 achieving the goals or mission, specific objectives,

2 service priorities, and types of services to be pro3 vided, and a description that shall demonstrate how

4 the proposed activities of the applicant are consist5 ent with the most recent 3-year State plan under

6 section 704;

7 ‘‘(5) the applicant will use sound organizational

8 and personnel assignment practices, including taking

9 affirmative action to employ and advance in employ10 ment qualified individuals with significant disabil11 ities on the same terms and conditions required with

12 respect to the employment of individuals with dis13 abilities under section 503;

14 ‘‘(6) the applicant will ensure that the majority

15 of the staff, and individuals in decisionmaking posi16 tions, of the applicant are individuals with disabil17 ities;

18 ‘‘(7) the applicant will practice sound fiscal

19 management, including making arrangements for an

20 annual independent fiscal audit, notwithstanding

21 section 7502(a)(2)(A) of title 31, United States

22 Code;

23 ‘‘(8) the applicant will conduct annual self-eval24 uations, prepare an annual report, and maintain

25 records adequate to measure performance with re-
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1 spect to the standards, containing information re2 garding, at a minimum—

3 ‘‘(A) the extent to which the center is in

4 compliance with the standards;

5 ‘‘(B) the number and types of individuals

6 with significant disabilities receiving services

7 through the center;

8 ‘‘(C) the types of services provided through

9 the center and the number of individuals with

10 significant disabilities receiving each type of

11 service;

12 ‘‘(D) the sources and amounts of funding

13 for the operation of the center;

14 ‘‘(E) the number of individuals with sig15 nificant disabilities who are employed by, and

16 the number who are in management and deci17 sionmaking positions in, the center; and

18 ‘‘(F) a comparison, when appropriate, of

19 the activities of the center in prior years with

20 the activities of the center in the most recent

21 year;

22 ‘‘(9) individuals with significant disabilities who

23 are seeking or receiving services at the center will be

24 notified by the center of the existence of, the avail-
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1 ability of, and how to contact, the client assistance

2 program;

3 ‘‘(10) aggressive outreach regarding services

4 provided through the center will be conducted in an

5 effort to reach populations of individuals with sig6 nificant disabilities that are unserved or underserved

7 by programs under this title, especially minority

8 groups and urban and rural populations;

9 ‘‘(11) staff at centers for independent living will

10 receive training on how to serve such unserved and

11 underserved populations, including minority groups

12 and urban and rural populations;

13 ‘‘(12) the center will submit to the Statewide

14 Independent Living Council a copy of its approved

15 grant application and the annual report required

16 under paragraph (8);

17 ‘‘(13) the center will prepare and submit a re18 port to the designated State unit or the Commis19 sioner, as the case may be, at the end of each fiscal

20 year that contains the information described in para21 graph (8) and information regarding the extent to

22 which the center is in compliance with the standards

23 set forth in subsection (b); and

24 ‘‘(14) an independent living plan described in

25 section 704(e) will be developed unless the individual
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1 who would receive services under the plan signs a

2 waiver stating that such a plan is unnecessary.

3 ‘‘SEC. 726. DEFINITIONS.

4 ‘‘As used in this part, the term ‘eligible agency’

5 means a consumer-controlled, community-based, cross-dis6 ability, nonresidential private nonprofit agency.

7 ‘‘SEC. 727. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘There are authorized to be appropriated to carry out

9 this part such sums as may be necessary for each of the

10 fiscal years 1998 through 2004.

11 ‘‘CHAPTER 2—INDEPENDENT LIVING

12 SERVICES FOR OLDER INDIVIDUALS

13 WHO ARE BLIND

14 ‘‘SEC. 751. DEFINITION.

15 ‘‘For purposes of this chapter, the term ‘older indi16 vidual who is blind’ means an individual age 55 or older

17 whose significant visual impairment makes competitive

18 employment extremely difficult to attain but for whom

19 independent living goals are feasible.

20 ‘‘SEC. 752. PROGRAM OF GRANTS.

21 ‘‘(a) IN GENERAL.—

22 ‘‘(1) AUTHORITY FOR GRANTS.—Subject to sub23 sections (b) and (c), the Commissioner may make

24 grants to States for the purpose of providing the
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1 services described in subsection (d) to older individ2 uals who are blind.

3 ‘‘(2) DESIGNATED STATE AGENCY.—The Com4 missioner may not make a grant under subsection

5 (a) unless the State involved agrees that the grant

6 will be administered solely by the agency described

7 in section 101(a)(2)(A)(i).

8 ‘‘(b) CONTINGENT COMPETITIVE GRANTS.—Begin9 ning with fiscal year 1993, in the case of any fiscal year

10 for which the amount appropriated under section 753 is

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

12 shall be—

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

14 basis to States; or

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

16 pay for the continuation costs of activities for which

17 a grant was awarded—

18 ‘‘(A) under this chapter; or

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

20 before the date of enactment of the Rehabilita21 tion Act Amendments of 1992.

22 ‘‘(c) CONTINGENT FORMULA GRANTS.—

23 ‘‘(1) IN GENERAL.—In the case of any fiscal

24 year for which the amount appropriated under sec25 tion 753 is equal to or greater than $13,000,000,
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1 grants under subsection (a) shall be made only to

2 States and shall be made only from allotments under

3 paragraph (2).

4 ‘‘(2) ALLOTMENTS.—For grants under sub5 section (a) for a fiscal year described in paragraph

6 (1), the Commissioner shall make an allotment to

7 each State in an amount determined in accordance

8 with subsection (j), and shall make a grant to the

9 State of the allotment made for the State if the

10 State submits to the Commissioner an application in

11 accordance with subsection (i).

12 ‘‘(d) SERVICES GENERALLY.—The Commissioner

13 may not make a grant under subsection (a) unless the

14 State involved agrees that the grant will be expended only

15 for purposes of—

16 ‘‘(1) providing independent living services to

17 older individuals who are blind;

18 ‘‘(2) conducting activities that will improve or

19 expand services for such individuals; and

20 ‘‘(3) conducting activities to help improve public

21 understanding of the problems of such individuals.

22 ‘‘(e) INDEPENDENT LIVING SERVICES.—Independent

23 living services for purposes of subsection (d)(1) include—

24 ‘‘(1) services to help correct blindness, such

25 as—
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1 ‘‘(A) outreach services;

2 ‘‘(B) visual screening;

3 ‘‘(C) surgical or therapeutic treatment to

4 prevent, correct, or modify disabling eye condi5 tions; and

6 ‘‘(D) hospitalization related to such serv7 ices;

8 ‘‘(2) the provision of eyeglasses and other visual

9 aids;

10 ‘‘(3) the provision of services and equipment to

11 assist an older individual who is blind to become

12 more mobile and more self-sufficient;

13 ‘‘(4) mobility training, Braille braille instruc14 tion, and other services and equipment to help an

15 older individual who is blind adjust to blindness;

16 ‘‘(5) guide services, reader services, and trans17 portation;

18 ‘‘(6) any other appropriate service designed to

19 assist an older individual who is blind in coping with

20 daily living activities, including supportive services

21 and rehabilitation teaching services;

22 ‘‘(7) independent living skills training, informa23 tion and referral services, peer counseling, and indi24 vidual advocacy training; and

25 ‘‘(8) other independent living services.
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1 ‘‘(f) MATCHING FUNDS.—

2 ‘‘(1) IN GENERAL.—The Commissioner may not

3 make a grant under subsection (a) unless the State

4 involved agrees, with respect to the costs of the pro5 gram to be carried out by the State pursuant to

6 such subsection, to make available (directly or

7 through donations from public or private entities)

8 non-Federal contributions toward such costs in an

9 amount that is not less than $1 for each $9 of Fed10 eral funds provided in the grant.

11 ‘‘(2) DETERMINATION OF AMOUNT CONTRIB12 UTED.—Non-Federal contributions required in para13 graph (1) may be in cash or in kind, fairly evalu14 ated, including plant, equipment, or services.

15 Amounts provided by the Federal Government, or

16 services assisted or subsidized to any significant ex17 tent by the Federal Government, may not be in18 cluded in determining the amount of such non-Fed19 eral contributions.

20 ‘‘(g) CERTAIN EXPENDITURES OF GRANTS.—A State

21 may expend a grant under subsection (a) to carry out the

22 purposes specified in subsection (d) through grants to

23 public and nonprofit private agencies or organizations.

24 ‘‘(h) REQUIREMENT REGARDING STATE PLAN.—The

25 Commissioner may not make a grant under subsection (a)
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1 unless the State involved agrees that, in carrying out sub2 section (d)(1), the State will seek to incorporate into the

3 State plan under section 704 any new methods and ap4 proaches relating to independent living services for older

5 individuals who are blind.

6 ‘‘(i) APPLICATION FOR GRANT.—

7 ‘‘(1) IN GENERAL.—The Commissioner may not

8 make a grant under subsection (a) unless an appli9 cation for the grant is submitted to the Commis10 sioner and the application is in such form, is made

11 in such manner, and contains such agreements, as12 surances, and information as the Commissioner de13 termines to be necessary to carry out this section

14 (including agreements, assurances, and information

15 with respect to any grants under subsection (j)(4)).

16 ‘‘(2) CONTENTS.—An application for a grant

17 under this section shall contain—

18 ‘‘(A) an assurance that the agency de19 scribed in subsection (a)(2) will prepare and

20 submit to the Commissioner a report, at the

21 end of each fiscal year, with respect to each

22 project or program the agency operates or ad23 ministers under this section, whether directly or

24 through a grant or contract, which report shall

25 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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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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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 2004’’.

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 2004’’.

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) REGISTRY.—The Center shall establish and

4 maintain a national registry of individuals who are deaf5 blind, using 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 2004.’’.

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. 12. PRESIDENT’S COMMITTEE ON EMPLOYMENT OF

19 PEOPLE WITH DISABILITIES.

20 Section 2(2) of the joint resolution approved July 11,

21 1949 (63 Stat. 409, chapter 302; 36 U.S.C. 155b(2)) is

22 amended by inserting ‘‘solicit,’’ before ‘‘accept,’’.

23 SEC. 13. PEER REVIEW.

24 Part B of title IV of the Department of Education

25 Organization Act (20 U.S.C. 3471 et seq.) is amended by

26 inserting before section 427 the following:
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1 ‘‘SEC. 426A. PEER REVIEW.

2 ‘‘The Federal Advisory Committee Act (5 U.S.C.

3 App.) shall not apply to peer review panels established by

4 the Secretary to evaluate applications for financial assist5 ance awarded on a competitive basis.’’.

6 SEC. 14. 13. CONFORMING AMENDMENTS.

7 (a) PREPARATION.—After consultation with the ap8 propriate committees of Congress and the Director of the

9 Office of Management and Budget, the Secretary of Edu10 cation shall prepare recommended legislation containing

11 technical and conforming amendments to reflect the

12 changes made by this Act.

13 (b) SUBMISSION TO CONGRESS.—Not later than 6

14 months after the date of enactment of this Act, the Sec15 retary of Education shall submit to Congress the rec16 ommended legislation referred to under subsection (a).