H. R. 1385—254
or organization has submitted an application to the Commis-
sioner at such time, in such form, in accordance with such
procedures, and containing such information as the Commis-
sioner may require, including—
‘‘(A) a description of the manner in which an inter-
preter training program will be developed and operated
during the 5-year period following the date on which a
grant is received by the applicant under this subsection;
‘‘(B) a demonstration of the applicant’s capacity or
potential for providing training for interpreters for individ-
uals who are deaf or hard of hearing, and individuals
who are deaf-blind;
‘‘(C) assurances that any interpreter trained or
retrained under a program funded under the grant will
meet such minimum standards of competency as the
Commissioner may establish for purposes of this sub-
section; and
‘‘(D) such other information as the Commissioner may
require.
‘‘(g) TECHNICAL ASSISTANCE AND IN-SERVICE TRAINING.—
‘‘(1) TECHNICAL ASSISTANCE.—The Commissioner is author-
ized to provide technical assistance to State designated agencies
and community rehabilitation programs, directly or through
contracts with State designated agencies or nonprofit organiza-
tions.
‘‘(2) COMPENSATION.—An expert or consultant appointed
or serving under contract pursuant to this section shall be
compensated at a rate, subject to approval of the Commissioner,
that shall not exceed the daily equivalent of the rate of pay
for level 4 of the Senior Executive Service Schedule under
section 5382 of title 5, United States Code. Such an expert
or consultant may be allowed travel and transportation
expenses in accordance with section 5703 of title 5, United
States Code.
‘‘(3) IN-SERVICE TRAINING OF REHABILITATION PERSONNEL.—
‘‘(A) PROJECTS.—Subject to subparagraph (B), at least
15 percent of the sums appropriated to carry out this
section shall be allocated to designated State agencies to
be used, directly or indirectly, for projects for in-service
training for rehabilitation personnel, consistent with the
needs identified through the comprehensive system for
personnel development required by section 101(a)(7),
including projects designed—
‘‘(i) to address recruitment and retention of quali-
fied rehabilitation professionals;
‘‘(ii) to provide for succession planning;
‘‘(iii) to provide for leadership development and
capacity building; and
‘‘(iv) for fiscal years 1999 and 2000, to provide
training regarding the Workforce Investment Act of
1998 and the amendments to this Act made by the
Rehabilitation Act Amendments of 1998.
‘‘(B) LIMITATION.—If the allocation to designated State
agencies required by subparagraph (A) would result in
a lower level of funding for projects being carried out
on the date of enactment of the Rehabilitation Act Amend-
ments of 1998 by other recipients of funds under this
H. R. 1385—255
section, the Commissioner may allocate less than 15 per-
cent of the sums described in subparagraph (A) to des-
ignated State agencies for such in-service training.
‘‘(h) PROVISION OF INFORMATION.—The Commissioner, subject
to the provisions of section 306, may require that recipients of
grants or contracts under this section provide information, including
data, with regard to the impact of activities funded under this
section.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of the fiscal years 1999 through 2003.
‘‘SEC. 303. DEMONSTRATION AND TRAINING PROGRAMS.
‘‘(a) DEMONSTRATION PROJECTS TO INCREASE CLIENT CHOICE.—
‘‘(1) GRANTS.—The Commissioner may make grants to
States and public or nonprofit agencies and organizations to
pay all or part of the costs of projects to demonstrate ways
to increase client choice in the rehabilitation process, including
the selection of providers of vocational rehabilitation services.
‘‘(2) USE OF FUNDS.—An entity that receives a grant under
this subsection shall use the grant only—
‘‘(A) for activities that are directly related to planning,
operating, and evaluating the demonstration projects; and
‘‘(B) to supplement, and not supplant, funds made
available from Federal and non-Federal sources for such
projects.
‘‘(3) APPLICATION.—Any eligible entity that desires to
receive a grant under this subsection shall submit an applica-
tion at such time, in such manner, and containing such informa-
tion and assurances as the Commissioner may require, includ-
ing—
‘‘(A) a description of—
‘‘(i) how the entity intends to promote increased
client choice in the rehabilitation process, including
a description, if appropriate, of how an applicant will
determine the cost of any service or product offered
to an eligible client;
‘‘(ii) how the entity intends to ensure that any
vocational rehabilitation service or related service is
provided by a qualified provider who is accredited or
meets such other quality assurance and cost-control
criteria as the State may establish; and
‘‘(iii) the outreach activities to be conducted by
the applicant to obtain eligible clients; and
‘‘(B) assurances that a written plan will be established
with the full participation of the client, which plan shall,
at a minimum, include—
‘‘(i) a statement of the vocational rehabilitation
goals to be achieved;
‘‘(ii) a statement of the specific vocational
rehabilitation services to be provided, the projected
dates for their initiation, and the anticipated duration
of each such service; and
‘‘(iii) objective criteria, an evaluation procedure,
and a schedule, for determining whether such goals
are being achieved.
H. R. 1385—256
‘‘(4) AWARD OF GRANTS.—In selecting entities to receive
grants under paragraph (1), the Commissioner shall take into
consideration—
‘‘(A) the diversity of strategies used to increase client
choice, including selection among qualified service provid-
ers;
‘‘(B) the geographic distribution of projects; and
‘‘(C) the diversity of clients to be served.
‘‘(5) RECORDS.—Entities that receive grants under para-
graph (1) shall maintain such records as the Commissioner
may require and comply with any request from the Commis-
sioner for such records.
‘‘(6) DIRECT SERVICES.—At least 80 percent of the funds
awarded for any project under this subsection shall be used
for direct services, as specifically chosen by eligible clients.
‘‘(7) EVALUATION.—The Commissioner may conduct an
evaluation of the demonstration projects with respect to the
services provided, clients served, client outcomes obtained,
implementation issues addressed, the cost-effectiveness of the
project, and the effects of increased choice on clients and service
providers. The Commissioner may reserve funds for the evalua-
tion for a fiscal year from the amounts appropriated to carry
out projects under this section for the fiscal year.
‘‘(8) DEFINITIONS.—For the purposes of this subsection:
‘‘(A) DIRECT
SERVICES.—The term ‘direct services’
means vocational rehabilitation services, as described in
section 103(a).
‘‘(B) ELIGIBLE CLIENT.—The term ‘eligible client’ means
an individual with a disability, as defined in section
7(20)(A), who is not currently receiving services under an
individualized plan for employment established through
a designated State unit.
‘‘(b) SPECIAL DEMONSTRATION PROGRAMS.—
‘‘(1) GRANTS; CONTRACTS.—The Commissioner, subject to
the provisions of section 306, may provide grants to, or enter
into contracts with, eligible entities to pay all or part of the
cost of programs that expand and improve the provision of
rehabilitation and other services authorized under this Act
or that further the purposes of the Act, including related
research and evaluation activities.
‘‘(2) ELIGIBLE ENTITIES; TERMS AND CONDITIONS.—
‘‘(A) ELIGIBLE ENTITIES.—To be eligible to receive a
grant, or enter into a contract, under paragraph (1), an
entity shall be a State vocational rehabilitation agency,
community rehabilitation program, Indian tribe or tribal
organization, or other public or nonprofit agency or
organization, or as the Commissioner determines appro-
priate, a for-profit organization. The Commissioner may
limit competitions to one or more types of organizations
described in this subparagraph.
‘‘(B) TERMS
AND
CONDITIONS.—A grant or contract
under paragraph (1) shall contain such terms and condi-
tions as the Commissioner may require.
‘‘(3) APPLICATION.—An eligible entity that desires to receive
a grant, or enter into a contract, under paragraph (1) shall
submit an application to the Secretary at such time, in such
form, and containing such information and assurances as the
H. R. 1385—257
Commissioner may require, including, if the Commissioner
determines appropriate, a description of how the proposed
project or demonstration program—
‘‘(A) is based on current research findings, which may
include research conducted by the National Institute on
Disability and Rehabilitation Research, the National
Institutes of Health, and other public or private organiza-
tions; and
‘‘(B) is of national significance.
‘‘(4) TYPES
OF
PROJECTS.—The programs that may be
funded under this subsection may include—
‘‘(A) special projects and demonstrations of service
delivery;
‘‘(B) model demonstration projects;
‘‘(C) technical assistance projects;
‘‘(D) systems change projects;
‘‘(E) special studies and evaluations; and
‘‘(F) dissemination and utilization activities.
‘‘(5) PRIORITY FOR COMPETITIONS.—
‘‘(A) IN
GENERAL.—In announcing competitions for
grants and contracts under this subsection, the Commis-
sioner shall give priority consideration to—
‘‘(i) special projects and demonstration programs
of service delivery for adults who are either low-func-
tioning and deaf or low-functioning and hard of hear-
ing;
‘‘(ii) supported employment, including community-
based supported employment programs to meet the
needs of individuals with the most significant disabil-
ities or to provide technical assistance to States and
community organizations to improve and expand the
provision of supported employment services; and
‘‘(iii) model transitional planning services for
youths with disabilities.
‘‘(B) ADDITIONAL COMPETITIONS.—In announcing com-
petitions for grants and contracts under this subsection,
the Commissioner may require that applicants address one
or more of the following:
‘‘(i) Age ranges.
‘‘(ii) Types of disabilities.
‘‘(iii) Types of services.
‘‘(iv) Models of service delivery.
‘‘(v) Stage of the rehabilitation process.
‘‘(vi) The needs of underserved populations,
unserved and underserved areas, individuals with
significant disabilities, low-incidence disability popu-
lation or individuals residing in federally designated
empowerment zones and enterprise communities.
‘‘(vii) Expansion of employment opportunities for
individuals with disabilities.
‘‘(viii) Systems change projects to promote mean-
ingful access of individuals with disabilities to employ-
ment-related services under title I of the Workforce
Investment Act of 1998 and under other Federal laws.
‘‘(ix) Innovative methods of promoting achievement
of high-quality employment outcomes.
H. R. 1385—258
‘‘(x) The demonstration of the effectiveness of early
intervention activities in improving employment out-
comes.
‘‘(xi) Alternative methods of providing affordable
transportation services to individuals with disabilities
who are employed, seeking employment, or receiving
vocational rehabilitation services from public or private
organizations and who reside in geographic areas in
which public transportation or paratransit service is
not available.
‘‘(6) USE
OF
FUNDS
FOR
CONTINUATION
AWARDS.—The
Commissioner may use funds made available to carry out this
section for continuation awards for projects that were funded
under sections 12 and 311 (as such sections were in effect
on the day before the date of the enactment of the Rehabilita-
tion Act Amendments of 1998).
‘‘(c) PARENT INFORMATION AND TRAINING PROGRAM.—
‘‘(1) GRANTS.—The Commissioner is authorized to make
grants to private nonprofit organizations for the purpose of
establishing programs to provide training and information to
enable individuals with disabilities, and the parents, family
members, guardians, advocates, or other authorized representa-
tives of the individuals to participate more effectively with
professionals in meeting the vocational, independent living,
and rehabilitation needs of individuals with disabilities. Such
grants shall be designed to meet the unique training and
information needs of the individuals described in the preceding
sentence, who live in the area to be served, particularly those
who are members of populations that have been unserved or
underserved by programs under this Act.
‘‘(2) USE OF GRANTS.—An organization that receives a grant
to establish training and information programs under this sub-
section shall use the grant to assist individuals with disabilities,
and the parents, family members, guardians, advocates, or
authorized representatives of the individuals—
‘‘(A) to better understand vocational rehabilitation and
independent living programs and services;
‘‘(B) to provide followup support for transition and
employment programs;
‘‘(C) to communicate more effectively with transition
and rehabilitation personnel and other relevant profes-
sionals;
‘‘(D) to provide support in the development of the
individualized plan for employment;
‘‘(E) to provide support and expertise in obtaining
information about rehabilitation and independent living
programs, services, and resources that are appropriate;
and
‘‘(F) to understand the provisions of this Act, particu-
larly provisions relating to employment, supported employ-
ment, and independent living.
‘‘(3) AWARD OF GRANTS.—The Commissioner shall ensure
that grants under this subsection—
‘‘(A) shall be distributed geographically to the greatest
extent possible throughout all States; and
‘‘(B) shall be targeted to individuals with disabilities,
and the parents, family members, guardians, advocates,
H. R. 1385—259
or authorized representatives of the individuals, in both
urban and rural areas or on a State or regional basis.
‘‘(4) ELIGIBLE ORGANIZATIONS.—In order to receive a grant
under this subsection, an organization—
‘‘(A) shall submit an application to the Commissioner
at such time, in such manner, and containing such informa-
tion as the Commissioner may require, including informa-
tion demonstrating the capacity and expertise of the
organization—
‘‘(i) to coordinate training and information activi-
ties with Centers for Independent Living;
‘‘(ii) to coordinate and work closely with parent
training and information centers established pursuant
to section 682(a) of the Individuals with Disabilities
Education Act (as added by section 101 of the Individ-
uals with Disabilities Education Act Amendments of
1997; Public Law 105–17); and
‘‘(iii) to effectively conduct the training and
information activities authorized under this subsection;
‘‘(B)(i) shall be governed by a board of directors—
‘‘(I) that includes professionals in the field of voca-
tional rehabilitation; and
‘‘(II) on which a majority of the members are
individuals with disabilities or the parents, family
members, guardians, advocates, or authorized rep-
resentatives of the individuals; or
‘‘(ii)(I) shall have a membership that represents the
interests of individuals with disabilities; and
‘‘(II) shall establish a special governing committee that
meets the requirements specified in subclauses (I) and
(II) of clause (i) to operate a training and information
program under this subsection; and
‘‘(C) shall serve individuals with a full range of disabil-
ities, and the parents, family members, guardians, advo-
cates, or authorized representatives of the individuals.
‘‘(5) CONSULTATION.—Each organization carrying out a pro-
gram receiving assistance under this subsection shall consult
with appropriate agencies that serve or assist individuals with
disabilities, and the parents, family members, guardians, advo-
cates, or authorized representatives of the individuals, located
in the jurisdiction served by the program.
‘‘(6) COORDINATION.—The Commissioner shall provide
coordination and technical assistance by grant or cooperative
agreement for establishing, developing, and coordinating the
training and information programs. To the extent practicable,
such assistance shall be provided by the parent training and
information centers established pursuant to section 682(a) of
the Individuals with Disabilities Education Act (as added by
section 101 of the Individuals with Disabilities Education Act
Amendments of 1997; Public Law 105–17).
‘‘(7) REVIEW.—
‘‘(A) QUARTERLY REVIEW.—The board of directors or
special governing committee of an organization receiving
a grant under this subsection shall meet at least once
in each calendar quarter to review the training and
information program, and each such committee shall
H. R. 1385—260
directly advise the governing board regarding the views
and recommendations of the committee.
‘‘(B) REVIEW FOR GRANT RENEWAL.—If a nonprofit pri-
vate organization requests the renewal of a grant under
this subsection, the board of directors or the special govern-
ing committee shall prepare and submit to the Commis-
sioner a written review of the training and information
program conducted by the organization during the preced-
ing fiscal year.
‘‘(d) BRAILLE TRAINING PROGRAMS.—
‘‘(1) ESTABLISHMENT.—The Commissioner shall make
grants to, and enter into contracts with, States and public
or nonprofit agencies and organizations, including institutions
of higher education, to pay all or part of the cost of training
in the use of braille for personnel providing vocational
rehabilitation services or educational services to youth and
adults who are blind.
‘‘(2) PROJECTS.—Such grants shall be used for the establish-
ment or continuation of projects that may provide—
‘‘(A) development of braille training materials;
‘‘(B) in-service or pre-service training in the use of
braille, the importance of braille literacy, and methods
of teaching braille to youth and adults who are blind;
and
‘‘(C) activities to promote knowledge and use of braille
and nonvisual access technology for blind youth and adults
through a program of training, demonstration, and evalua-
tion conducted with leadership of experienced blind individ-
uals, including the use of comprehensive, state-of-the-art
technology.
‘‘(3) APPLICATION.—To be eligible to receive a grant, or
enter into a contract, under paragraph (1), an agency or
organization shall submit an application to the Commissioner
at such time, in such manner, and containing such information
as the Commissioner may require.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of the fiscal years 1999 through 2003.
‘‘SEC. 304. MIGRANT AND SEASONAL FARMWORKERS.
‘‘(a) GRANTS.—
‘‘(1) AUTHORITY.—The Commissioner, subject to the provi-
sions of section 306, may make grants to eligible entities to
pay up to 90 percent of the cost of projects or demonstration
programs for the provision of vocational rehabilitation services
to individuals with disabilities who are migrant or seasonal
farmworkers, as determined in accordance with rules prescribed
by the Secretary of Labor, and to the family members who
are residing with such individuals (whether or not such family
members are individuals with disabilities).
‘‘(2) ELIGIBLE ENTITIES.—To be eligible to receive a grant
under paragraph (1), an entity shall be—
‘‘(A) a State designated agency;
‘‘(B) a nonprofit agency working in collaboration with
a State agency described in subparagraph (A); or
‘‘(C) a local agency working in collaboration with a
State agency described in subparagraph (A).
H. R. 1385—261
‘‘(3) MAINTENANCE AND TRANSPORTATION.—
‘‘(A) IN GENERAL.—Amounts provided under a grant
under this section may be used to provide for the mainte-
nance of and transportation for individuals and family
members described in paragraph (1) as necessary for the
rehabilitation of such individuals.
‘‘(B) REQUIREMENT.—Maintenance payments under
this paragraph shall be provided in a manner consistent
with any maintenance payments provided to other individ-
uals with disabilities in the State under this Act.
‘‘(4) ASSURANCE OF COOPERATION.—To be eligible to receive
a grant under this section an entity shall provide assurances
(satisfactory to the Commissioner) that in the provision of serv-
ices under the grant there will be appropriate cooperation
between the grantee and other public or nonprofit agencies
and organizations having special skills and experience in the
provision of services to migrant or seasonal farmworkers or
their families.
‘‘(5) COORDINATION WITH OTHER PROGRAMS.—The Commis-
sioner shall administer this section in coordination with other
programs serving migrant and seasonal farmworkers, including
programs under title I of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6301 et seq.), section 330 of
the Public Health Service Act (42 U.S.C. 254b), the Migrant
and Seasonal Agricultural Worker Protection Act (29 U.S.C.
1801 et seq.), and the Workforce Investment Act of 1998.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out
this section, for each of the fiscal years 1999 through 2003.
‘‘SEC. 305. RECREATIONAL PROGRAMS.
‘‘(a) GRANTS.—
‘‘(1) AUTHORITY.—
‘‘(A) IN GENERAL.—The Commissioner, subject to the
provisions of section 306, shall make grants to States,
public agencies, and nonprofit private organizations to pay
the Federal share of the cost of the establishment and
operation of recreation programs to provide individuals
with disabilities with recreational activities and related
experiences to aid in the employment, mobility, socializa-
tion, independence, and community integration of such
individuals.
‘‘(B) RECREATION PROGRAMS.—The recreation programs
that may be funded using assistance provided under a
grant under this section may include vocational skills
development, leisure education, leisure networking, leisure
resource development, physical education and sports, scout-
ing and camping, 4–H activities, construction of facilities
for aquatic rehabilitation therapy, music, dancing, handi-
crafts, art, and homemaking. When possible and appro-
priate, such programs and activities should be provided
in settings with peers who are not individuals with disabil-
ities.
‘‘(C) DESIGN
OF
PROGRAM.—Programs and activities
carried out under this section shall be designed to dem-
onstrate ways in which such programs assist in maximizing
H. R. 1385—262
the independence and integration of individuals with
disabilities.
‘‘(2) MAXIMUM TERM OF GRANT.—A grant under this section
shall be made for a period of not more than 3 years.
‘‘(3) AVAILABILITY OF NONGRANT RESOURCES.—
‘‘(A) IN GENERAL.—A grant may not be made to an
applicant under this section unless the applicant provides
assurances that, with respect to costs of the recreation
program to be carried out under the grant, the applicant,
to the maximum extent practicable, will make available
non-Federal resources (in cash or in-kind) to pay the non-
Federal share of such costs.
‘‘(B) FEDERAL SHARE.—The Federal share of the costs
of the recreation programs carried out under this section
shall be—
‘‘(i) with respect to the first year in which assist-
ance is provided under a grant under this section,
100 percent;
‘‘(ii) with respect to the second year in which assist-
ance is provided under a grant under this section,
75 percent; and
‘‘(iii) with respect to the third year in which assist-
ance is provided under a grant under this section,
50 percent.
‘‘(4) APPLICATION.—To be eligible to receive a grant under
this section, a State, agency, or organization shall submit an
application to the Commissioner at such time, in such manner,
and containing such information as the Commissioner may
require, including a description of—
‘‘(A) the manner in which the findings and results
of the project to be funded under the grant, particularly
information that facilitates the replication of the results
of such projects, will be made generally available; and
‘‘(B) the manner in which the service program funded
under the grant will be continued after Federal assistance
ends.
‘‘(5) LEVEL
OF
SERVICES.—Recreation programs funded
under this section shall maintain, at a minimum, the same
level of services over a 3-year project period.
‘‘(6) REPORTS BY GRANTEES.—
‘‘(A) REQUIREMENT.—The Commissioner shall require
that each recipient of a grant under this section annually
prepare and submit to the Commissioner a report concern-
ing the results of the activities funded under the grant.
‘‘(B) LIMITATION.—The Commissioner may not make
financial assistance available to a grant recipient for a
subsequent year until the Commissioner has received and
evaluated the annual report of the recipient under subpara-
graph (A) for the current year.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section, such sums as may
be necessary for each of the fiscal years 1999 through 2003.
‘‘SEC. 306. MEASURING OF PROJECT OUTCOMES AND PERFORMANCE.
‘‘The Commissioner may require that recipients of grants under
this title submit information, including data, as determined by
the Commissioner to be necessary to measure project outcomes
H. R. 1385—263
and performance, including any data needed to comply with the
Government Performance and Results Act.’’.
SEC. 407. NATIONAL COUNCIL ON DISABILITY.
Title IV of the Rehabilitation Act of 1973 (29 U.S.C. 780 et
seq.) is amended to read as follows:
‘‘TITLE IV—NATIONAL COUNCIL ON DISABILITY
‘‘ESTABLISHMENT OF NATIONAL COUNCIL ON DISABILITY
‘‘SEC. 400. (a)(1)(A) There is established within the Federal
Government a National Council on Disability (hereinafter in this
title referred to as the ‘National Council’), which shall be composed
of fifteen members appointed by the President, by and with the
advice and consent of the Senate.
‘‘(B) The President shall select members of the National Council
after soliciting recommendations from representatives of—
‘‘(i) organizations representing a broad range of individuals
with disabilities; and
‘‘(ii) organizations interested in individuals with disabil-
ities.
‘‘(C) The members of the National Council shall be individuals
with disabilities, parents or guardians of individuals with disabil-
ities, or other individuals who have substantial knowledge or experi-
ence relating to disability policy or programs. The members of
the National Council shall be appointed so as to be representative
of individuals with disabilities, national organizations concerned
with individuals with disabilities, providers and administrators of
services to individuals with disabilities, individuals engaged in
conducting medical or scientific research relating to individuals
with disabilities, business concerns, and labor organizations. A
majority of the members of the National Council shall be individuals
with disabilities. The members of the National Council shall be
broadly representative of minority and other individuals and groups.
‘‘(2) The purpose of the National Council is to promote policies,
programs, practices, and procedures that—
‘‘(A) guarantee equal opportunity for all individuals with
disabilities, regardless of the nature or severity of the disability;
and
‘‘(B) empower individuals with disabilities to achieve eco-
nomic self-sufficiency, independent living, and inclusion and
integration into all aspects of society.
‘‘(b)(1) Each member of the National Council shall serve for
a term of 3 years, except that the terms of service of the members
initially appointed after the date of enactment of the Rehabilitation,
Comprehensive Services, and Developmental Disabilities Amend-
ments of 1978 shall be (as specified by the President) for such
fewer number of years as will provide for the expiration of terms
on a staggered basis.
‘‘(2)(A) No member of the National Council may serve more
than two consecutive full terms beginning on the date of commence-
ment of the first full term on the Council. Members may serve
after the expiration of their terms until their successors have taken
office.
‘‘(B) As used in this paragraph, the term ‘full term’ means
a term of 3 years.
H. R. 1385—264
‘‘(3) Any member appointed to fill a vacancy occurring before
the expiration of the term for which such member’s predecessor
was appointed shall be appointed only for the remainder of such
term.
‘‘(c) The President shall designate the Chairperson from among
the members appointed to the National Council. The National Coun-
cil shall meet at the call of the Chairperson, but not less often
than four times each year.
‘‘(d) Eight members of the National Council shall constitute
a quorum and any vacancy in the National Council shall not affect
its power to function.
‘‘DUTIES OF NATIONAL COUNCIL
‘‘SEC. 401. (a) The National Council shall—
‘‘(1) provide advice to the Director with respect to the
policies and conduct of the National Institute on Disability
and Rehabilitation Research, including ways to improve
research concerning individuals with disabilities and the meth-
ods of collecting and disseminating findings of such research;
‘‘(2) provide advice to the Commissioner with respect to
the policies of and conduct of the Rehabilitation Services
Administration;
‘‘(3) advise the President, the Congress, the Commissioner,
the appropriate Assistant Secretary of the Department of Edu-
cation, and the Director of the National Institute on Disability
and Rehabilitation Research on the development of the pro-
grams to be carried out under this Act;
‘‘(4) provide advice regarding priorities for the activities
of the Interagency Disability Coordinating Council and review
the recommendations of such Council for legislative and
administrative changes to ensure that such recommendations
are consistent with the purposes of the Council to promote
the full integration, independence, and productivity of individ-
uals with disabilities;
‘‘(5) review and evaluate on a continuing basis—
‘‘(A) policies, programs, practices, and procedures
concerning individuals with disabilities conducted or
assisted by Federal departments and agencies, including
programs established or assisted under this Act or under
the Developmental Disabilities Assistance and Bill of
Rights Act; and
‘‘(B) all statutes and regulations pertaining to Federal
programs which assist such individuals with disabilities;
in order to assess the effectiveness of such policies, programs,
practices, procedures, statutes, and regulations in meeting the
needs of individuals with disabilities;
‘‘(6) assess the extent to which such policies, programs,
practices, and procedures facilitate or impede the promotion
of the policies set forth in subparagraphs (A) and (B) of section
400(a)(2);
‘‘(7) gather information about the implementation, effective-
ness, and impact of the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.);
‘‘(8) make recommendations to the President, the Congress,
the Secretary, the Director of the National Institute on Disabil-
ity and Rehabilitation Research, and other officials of Federal
H. R. 1385—265
agencies or other Federal entities, respecting ways to better
promote the policies set forth in section 400(a)(2);
‘‘(9) provide to the Congress on a continuing basis advice,
recommendations, legislative proposals, and any additional
information that the National Council or the Congress deems
appropriate; and
‘‘(10) review and evaluate on a continuing basis new and
emerging disability policy issues affecting individuals with
disabilities at the Federal, State, and local levels, and in the
private sector, including the need for and coordination of adult
services, access to personal assistance services, school reform
efforts and the impact of such efforts on individuals with
disabilities, access to health care, and policies that operate
as disincentives for the individuals to seek and retain employ-
ment.
‘‘(b)(1) Not later than October 31, 1998, and annually thereafter,
the National Council shall prepare and submit to the President
and the appropriate committees of the Congress a report entitled
‘National Disability Policy: A Progress Report’.
‘‘(2) The report shall assess the status of the Nation in achieving
the policies set forth in section 400(a)(2), with particular focus
on the new and emerging issues impacting on the lives of individuals
with disabilities. The report shall present, as appropriate, available
data on health, housing, employment, insurance, transportation,
recreation, training, prevention, early intervention, and education.
The report shall include recommendations for policy change.
‘‘(3) In determining the issues to focus on and the findings,
conclusions, and recommendations to include in the report, the
National Council shall seek input from the public, particularly
individuals with disabilities, representatives of organizations rep-
resenting a broad range of individuals with disabilities, and
organizations and agencies interested in individuals with disabil-
ities.
‘‘COMPENSATION OF NATIONAL COUNCIL MEMBERS
‘‘SEC. 402. (a) Members of the National Council shall be entitled
to receive compensation at a rate equal to the rate of pay for
level 4 of the Senior Executive Service Schedule under section
5382 of title 5, United States Code, including travel time, for
each day they are engaged in the performance of their duties
as members of the National Council.
‘‘(b) Members of the National Council who are full-time officers
or employees of the United States shall receive no additional pay
on account of their service on the National Council except for
compensation for travel expenses as provided under subsection (c)
of this section.
‘‘(c) While away from their homes or regular places of business
in the performance of services for the National Council, members
of the National Council shall be allowed travel expenses, including
per diem in lieu of subsistence, in the same manner as persons
employed intermittently in the Government service are allowed
expenses under section 5703 of title 5, United States Code.
‘‘STAFF OF NATIONAL COUNCIL
‘‘SEC. 403. (a)(1) The Chairperson of the National Council may
appoint and remove, without regard to the provisions of title 5,
H. R. 1385—266
United States Code, governing appointments, the provisions of chap-
ter 75 of such title (relating to adverse actions), the provisions
of chapter 77 of such title (relating to appeals), or the provisions
of chapter 51 and subchapter III of chapter 53 of such title (relating
to classification and General Schedule pay rates), an Executive
Director to assist the National Council to carry out its duties.
The Executive Director shall be appointed from among individuals
who are experienced in the planning or operation of programs
for individuals with disabilities.
‘‘(2) The Executive Director is authorized to hire technical and
professional employees to assist the National Council to carry out
its duties.
‘‘(b)(1) The National Council may procure temporary and inter-
mittent services to the same extent as is authorized by section
3109(b) of title 5, United States Code (but at rates for individuals
not to exceed the daily equivalent of the rate of pay for level
4 of the Senior Executive Service Schedule under section 5382
of title 5, United States Code).
‘‘(2) The National Council may—
‘‘(A) accept voluntary and uncompensated services, notwith-
standing the provisions of section 1342 of title 31, United
States Code;
‘‘(B) in the name of the Council, solicit, accept, employ,
and dispose of, in furtherance of this Act, any money or prop-
erty, real or personal, or mixed, tangible or nontangible,
received by gift, devise, bequest, or otherwise; and
‘‘(C) enter into contracts and cooperative agreements with
Federal and State agencies, private firms, institutions, and
individuals for the conduct of research and surveys, preparation
of reports and other activities necessary to the discharge of
the Council’s duties and responsibilities.
‘‘(3) Not more than 10 per centum of the total amounts available
to the National Council in each fiscal year may be used for official
representation and reception.
‘‘(c) The Administrator of General Services shall provide to
the National Council on a reimbursable basis such administrative
support services as the Council may request.
‘‘(d)(1) It shall be the duty of the Secretary of the Treasury
to invest such portion of the amounts made available under sub-
section (a)(2)(B) as is not, in the Secretary’s judgment, required
to meet current withdrawals. Such investments may be made only
in interest-bearing obligations of the United States or in obligations
guaranteed as to both principal and interest by the United States.
‘‘(2) The amounts described in paragraph (1), and the interest
on, and the proceeds from the sale or redemption of, the obligations
described in paragraph (1) shall be available to the National Council
to carry out this title.
‘‘ADMINISTRATIVE POWERS OF NATIONAL COUNCIL
‘‘SEC. 404. (a) The National Council may prescribe such bylaws
and rules as may be necessary to carry out its duties under this
title.
‘‘(b) The National Council may hold such hearings, sit and
act at such times and places, take such testimony, and receive
such evidence as it deems advisable.
H. R. 1385—267
‘‘(c) The National Council may appoint advisory committees
to assist the National Council in carrying out its duties. The mem-
bers thereof shall serve without compensation.
‘‘(d) The National Council may use the United States mails
in the same manner and upon the same conditions as other depart-
ments and agencies of the United States.
‘‘(e) The National Council may use, with the consent of the
agencies represented on the Interagency Disability Coordinating
Council, and as authorized in title V, such services, personnel,
information, and facilities as may be needed to carry out its duties
under this title, with or without reimbursement to such agencies.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 405. There are authorized to be appropriated to carry
out this title such sums as may be necessary for each of the
fiscal years 1999 through 2003.’’.
SEC. 408. RIGHTS AND ADVOCACY.
(a) CONFORMING
AMENDMENTS
TO
RIGHTS
AND
ADVOCACY
PROVISIONS.—
(1) 
EMPLOYMENT.—Section 
501 
(29 
U.S.C. 
791) 
is
amended—
(A) in the third sentence of subsection (a), by striking
‘‘President’s Committees on Employment of the Handi-
capped’’ and inserting ‘‘President’s Committees on Employ-
ment of People With Disabilities’’; and
(B) in subsection (e), by striking ‘‘individualized written
rehabilitation program’’ and inserting ‘‘individualized plan
for employment’’.
(2) ACCESS
BOARD.—Section 502 (29 U.S.C. 792) is
amended—
(A) in subsection (a)(1), in the sentence following
subparagraph (B), by striking ‘‘Chairperson’’ and inserting
‘‘chairperson’’;
(B) in subsection (b)—
(i) in paragraph (2), by striking ‘‘guidelines’’ and
inserting ‘‘information’’;
(ii) by striking paragraph (3) and inserting the
following:
‘‘(3) establish and maintain—
‘‘(A) minimum guidelines and requirements for the
standards issued pursuant to the Act commonly known
as the Architectural Barriers Act of 1968;
‘‘(B) minimum guidelines and requirements for the
standards issued pursuant to titles II and III of the Ameri-
cans with Disabilities Act of 1990;
‘‘(C) guidelines for accessibility of telecommunications
equipment and customer premises equipment under section
255 of the Telecommunications Act of 1934 (47 U.S.C.
255); and
‘‘(D) standards for accessible electronic and information
technology under section 508;’’;
(iii) in paragraph (9), by striking ‘‘; and’’ and insert-
ing a semicolon;
(iv) in paragraph (10), by striking the period and
inserting ‘‘; and’’; and
(v) by adding at the end the following: