I
103D CONGRESS
1ST SESSION
H. R. 2723
To amend the Rehabilitation Act of 1973 and the Education of the Deaf
Act of 1986 to make technical and conforming amendments to the
Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 23, 1993
Mr. OWENS (for himself, Mr. GOODLING, and Mr. BALLENGER) introduced
the following bill; which was referred to the Committee on Education and
Labor
A BILL
To amend the Rehabilitation Act of 1973 and the Education
of the Deaf Act of 1986 to make technical and conform-
ing amendments to the Act, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Rehabilitation Act
Amendments of 1993’’.
TITLE I—REHABILITATION ACT
OF 1973
SEC. 101. REFERENCES.
Except as otherwise specifically provided, whenever in
this title an amendment or repeal is expressed in terms
of an amendment to, or a repeal of, a section or other
provision, the reference shall be considered to be made to
a section or other provision of the Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.).
SEC. 102. REHABILITATION ACT AMENDMENTS OF 1992.
The Rehabilitation Act Amendments of 1992 (Public
Law 102–569; 106 Stat. 4344 et seq.) is amended—
(1) in section 102(a)(2) (relating to a section
7(3)), 
by 
adding 
closing 
quotations 
after
‘‘101(a)(1)(A).’’;
(2) in section 102(p)(7)(E) (relating to a sec-
tion 101(a)(13)(B)), by striking ‘‘conditions’’ and
inserting ‘‘condition’’;
(3) in section 138(b) (29 U.S.C. 701 note), to
read as follows:
‘‘(b) COMPLIANCE.—Each State agency subject to
the provisions of title I of the Rehabilitation Act of 1973
shall comply with the amendments made by this subtitle,
as soon as is practicable after the date of enactment of
this Act, consistent with the effective and efficient admin-
istration of the Rehabilitation Act of 1973, but not later
than October 1, 1993.’’; and
(4) in section 203(g)(5) (relating to a section
202(g)), by striking ‘‘adding at the end’’ and insert-
ing ‘‘inserting after paragraph (3)’’.
SEC. 103. DEFINITIONS.
Section 7 (29 U.S.C. 706) is amended—
(1) in paragraph (3)—
(A) by striking ‘‘The term ‘designated
State unit’ means’’ and inserting the following:
‘‘(B) The term ‘designated State unit’ means’’; and
(B) in subparagraph (B) (as designated by
subparagraph (A) of this paragraph), in clause
(ii), by striking ‘‘101(a)(B)(i)’’ and inserting
‘‘101(a)(1)(B)(i)’’;
(2) in paragraph (8)—
(A) in subparagraph (A), by striking ‘‘ti-
tles I, II, III, VI, and VIII’’ and inserting ‘‘title
I, III, VI, or VIII’’; and
(B) in subparagraph (B), by striking ‘‘IV
and V’’ and inserting ‘‘II, IV, V, and VII’’;
(3) in paragraph (15)(A), in the matter preced-
ing clause (i), by inserting a comma after ‘‘subpara-
graph (C)’’;
(4) in paragraph (18)(A)(ii)—
(A) by inserting ‘‘for the period, and any
extension, described in paragraph (34)(C)’’
after ‘‘employment services’’;
(B) by striking ‘‘or’’ and inserting ‘‘and’’;
and
(C) by inserting ‘‘after the transition de-
scribed in paragraph (27)(C)’’ after ‘‘extended
services’’; and
(5) in paragraph (26)(B), by striking ‘‘III, IV,
V, and VIII’’ and inserting ‘‘IV, V, and VII’’.
SEC. 104. CARRYOVER.
Section 19(a) (29 U.S.C. 718(a)) is amended to read
as follows:
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), and notwithstanding any other provision of law—
‘‘(1) any funds appropriated for a fiscal year to
carry out any grant program under part B or C of
title I, section 509 (except as provided in section
509(b)), part C of title VI, part B or C of chapter
1 of title VII, or chapter 2 of title VII (except as
provided in section 752(b)), including any funds re-
allotted under any such grant program, that are not
obligated and expended by recipients prior to the be-
ginning of the succeeding fiscal year; or
‘‘(2) any amounts of program income, including
reimbursement payments under the Social Security
Act (42 U.S.C. 301 et seq.), received by recipients
under any grant program specified in paragraph (1)
that are not obligated and expended by recipients
prior to the beginning of the fiscal year succeeding
the fiscal year in which such amounts were received,
shall remain available for obligation and expenditure by
such recipients during such succeeding fiscal year.’’.
SEC. 105. CLIENT ASSISTANCE INFORMATION.
Section 20 (29 U.S.C. 718a) is amended by striking
‘‘such individuals, or the parents,’’ and inserting ‘‘such in-
dividuals who are applicants for or recipients of the serv-
ices, or the parents,’’.
SEC. 106. TRADITIONALLY UNDERSERVED POPULATIONS.
Section 21(b) (29 U.S.C. 719b(b)) is amended—
(1) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(2) by redesignating the second paragraph (3)
as paragraph (4).
SEC. 107. VOCATIONAL REHABILITATION SERVICES.
(a) STATE
PLANS.—Section 101(a) (29 U.S.C.
721(a)) is amended—
(1) in paragraph (10)(A), by striking ‘‘de-
scribed in subparagraph (C)’’ and inserting ‘‘de-
scribed in subparagraph (D)’’;
(2) in paragraph (32), by inserting ‘‘or inde-
pendent commission described in paragraph (36)’’
after ‘‘Council’’;
(3) in paragraph (34)(B) by striking ‘‘part B’’
and inserting ‘‘section 110’’; and
(4) in paragraph (36)—
(A) by amending subparagraph (B)(i) to
read as follows:
‘‘(i) is responsible under State law for
operating, or overseeing the operation of,
the vocational rehabilitation program in
the State;’’; and
(B) in subparagraph (C)—
(i) by amending clause (i) to read as
follows:
‘‘(i) an independent commission is re-
sponsible under State law for operating, or
overseeing the operation of, the vocational
rehabilitation programs of both such agen-
cies and meets the requirements of clauses
(ii) and (iv) of subparagraph (B);’’; and
(ii) by striking clause (ii) and insert-
ing the following:
‘‘(ii)(I) an independent commission is
responsible under State law for operating,
or overseeing the operation of, the voca-
tional rehabilitation program in the State
for individuals who are blind, is consumer-
controlled by and represents individuals
who are blind, and undertakes the function
set forth in section 105(c)(3); and
‘‘(II) an independent commission is
responsible under State law for operating,
or overseeing the operation of, the voca-
tional rehabilitation program in the State
for all individuals with disabilities except
for individuals who are blind and meets the
requirements of clauses (ii) and (iv) of
subparagraph (B); or
‘‘(iii)(I) an independent commission is
responsible under State law for operating,
or overseeing the operation of, the voca-
tional rehabilitation program in the State
for individuals who are blind, is consumer-
controlled by and represents individuals
who are blind, and undertakes the function
set forth in section 105(c)(3); and
‘‘(II) the State has established a State
Rehabilitation Advisory Council that meets
the criteria set forth in section 105 and
carries out the duties of such a Council
with respect to functions for, and services
provided to, individuals with disabilities ex-
cept for individuals who are blind.’’.
(b) INDIVIDUALIZED
WRITTEN
REHABILITATION
PROGRAM.—Section 102 (29 U.S.C. 722) is amended—
(1) in subsection (a)(5)(B), by striking ‘‘section
7(22)(A)(iii)’’ and inserting ‘‘section 7(22)(A)(ii)’’;
and
(2) in subsection (d)—
(A) in paragraph (2)(C)(ii)(I), by striking
‘‘who were appointed under one of subpara-
graphs (E) through (H) of section 105(b)(1);’’
and inserting ‘‘who were appointed under one of
clauses 
(v) 
through 
(viii) 
of 
section
105(b)(1)(A), or under one of clauses (v)
through (ix) of section 105(b)(1)(B), as appro-
priate;’’; and
(B) in paragraph (6)(B), by redesignating
paragraphs (1) through (4) as clauses (i)
through (iv), respectively.
(c) VOCATIONAL REHABILITATION SERVICES.—Sec-
tion 103(a) (29 U.S.C. 723(a)) is amended—
(1) in paragraph (4)—
(A) in subparagraph (D), by striking ‘‘a
physician skilled in the diseases of the eye or by
an optometrist, whichever the individual may
select,’’ and inserting ‘‘qualified personnel,
under State licensure laws, that are selected by
the individual,’’; and
(B) in subparagraph (F), by striking ‘‘a
physician or licensed psychologist’’ and all that
follows and inserting ‘‘qualified personnel under
State licensure laws;’’; and
(2) in paragraph (6), by striking ‘‘those individ-
uals’’ and all that follows and inserting ‘‘those indi-
viduals determined to be blind after an examination
by qualified personnel under State licensure laws;’’.
(d) STATE REHABILITATION ADVISORY COUNCIL.—
(1) AMENDMENTS.—Section 105 (29 U.S.C.
725) is amended—
(A) in subsection (b)—
(i) by striking paragraph (1) and in-
serting the following:
‘‘(1) COMPOSITION.—
‘‘(A) IN GENERAL.—Except in the case of
a separate Council established under subsection
(a)(2), the Council shall be composed of—
‘‘(i) at least one representative of the
Statewide Independent Living Council es-
tablished under section 705, which rep-
resentative may be the chairperson or
other designee of the Council;
‘‘(ii) at least one representative of a
parent training and information center es-
tablished pursuant to section 631(e)(1) of
the Individuals with Disabilities Education
Act (20 U.S.C. 1431(e)(1));
‘‘(iii) at least one representative of the
client assistance program established under
section 112;
‘‘(iv) at least one vocational rehabili-
tation counselor, with knowledge of and ex-
perience with vocational rehabilitation pro-
grams, who shall serve as an ex officio,
nonvoting member of the Council if the
counselor is an employee of the designated
State agency;
‘‘(v) at least one representative of
community rehabilitation program service
providers;
‘‘(vi) four representatives of business,
industry, and labor;
‘‘(vii) representatives of disability ad-
vocacy groups representing a cross section
of—
‘‘(I) individuals with physical,
cognitive, sensory, and mental disabil-
ities; and
‘‘(II) parents, family members,
guardians, advocates, or authorized
representatives, of individuals with
disabilities who have difficulty in rep-
resenting themselves or are unable
due to their disabilities to represent
themselves; and
‘‘(viii) current or former applicants
for, or recipients of, vocational rehabilita-
tion services.
‘‘(B) SEPARATE COUNCIL.—In the case of
a separate Council established under subsection
(a)(2), the Council shall be composed of—
‘‘(i) at least one representative de-
scribed in subparagraph (A)(i);
‘‘(ii) at least one representative de-
scribed in subparagraph (A)(ii);
‘‘(iii) at least one representative de-
scribed in subparagraph (A)(iii);
‘‘(iv) at least one vocational rehabili-
tation counselor described in subparagraph
(A)(iv), who shall serve as described in
such subparagraph;
‘‘(v) at least one representative de-
scribed in subparagraph (A)(v);
‘‘(vi) four representatives described in
subparagraph (A)(vi);
‘‘(vii) at least one representative of a
disability advocacy group representing indi-
viduals who are blind;
‘‘(viii) at least one parent, family
member, guardian, advocate, or authorized
representative, of an individual who—
‘‘(I) is an individual who is blind
and has multiple disabilities; and
‘‘(II) has difficulty in represent-
ing himself or herself or is unable due
to disabilities to represent himself or
herself; and
‘‘(ix) applicants or recipients de-
scribed in subparagraph (A)(viii).
‘‘(C) EXCEPTION.—In the case of a sepa-
rate Council established under subsection
(a)(2), any Council that is required by State
law, as in effect on the date of enactment of the
Rehabilitation Act Amendments of 1992, to
have fewer than 13 members shall be deemed to
be in compliance with subparagraph (B) if the
Council—
‘‘(i) meets the requirements of sub-
paragraph (B), other than the require-
ments of clauses (vi) and (ix) of such sub-
paragraph; and
‘‘(ii) includes at least—
‘‘(I) one representative described
in subparagraph (B)(vi); and
‘‘(II) one applicant or recipient
described in subparagraph (B)(ix).’’;
and
(ii) in paragraph (3)—
(I) in the first sentence, by strik-
ing ‘‘or the appropriate entity within
the State responsible for making ap-
pointments’’; and
(II) by inserting after the first
sentence the following: ‘‘In the case of
a State that, under State law, vests
appointment authority in an entity in
lieu of, or in conjunction with, the
Governor, such as one or more houses
of the State legislature, or an inde-
pendent board that has general ap-
pointment authority, that entity shall
make the appointments.’’; and
(B) in subsection (g), by inserting ‘‘(except
for funds appropriated to carry out the client
assistance program under section 112 and
funds reserved pursuant to section 110(d) to
carry out part D of this title)’’ before ‘‘to reim-
burse members’’.
(2) EFFECTIVE DATE.—In the case of a State
that demonstrates to the satisfaction of the Sec-
retary of Education that the State has designated a
State agency to administer the part of the State
plan under which vocational rehabilitation services
are provided for individuals who are blind under sec-
tion 101(a)(1)(A)(i) of the Rehabilitation Act of
1973, and has established by State law a separate
Council to perform the duties of a State Rehabilita-
tion Advisory Council with respect to such State
agency, the Secretary may delay the effective date of
all or part of section 105(b)(1)(B), as amended by
paragraph (1), until October 1, 1994.
(e) STATE ALLOTMENTS.—Section 110(c) (29 U.S.C.
730(c)) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘to pay for initial expendi-
tures during’’; and
(B) by inserting at the end the following:
‘‘The Commissioner shall make such amount
available only if such other State will be able to
make sufficient payments from non-Federal
sources to pay for the non-Federal share of the
cost of vocational rehabilitation services under
the State plan for the fiscal year for which the
amount was appropriated.’’; and
(2) by striking paragraph (4).
(f) PAYMENTS
TO STATES.—Section 111(b) (29
U.S.C. 731(b)) is amended by moving paragraphs (1) and
(2) 2 ems to the right.
(g) CLIENT ASSISTANCE PROGRAM.—Section 112
(29 U.S.C. 732) is amended—
(1) in the first sentence of subsection (a), by
striking ‘‘facilities’’ and inserting ‘‘community reha-
bilitation programs’’; and
(2) in subsection (e)(1)(D), by striking clause
(ii) and inserting the following:
‘‘(ii) For any fiscal year in which the total amount
appropriated under subsection (h) exceeds the total
amount appropriated under such subsection for the pre-
ceding fiscal year by a percentage greater than the most
recent percentage change in the Consumer Price Index
For All Urban Consumers published by the Secretary of
Labor under section 100(c)(1), the Secretary shall in-
crease each of the minimum allotments under clause (i)
by such percentage change in the Consumer Price Index
For All Urban Consumers.’’.
(h) INNOVATION AND EXPANSION GRANTS.—Section
124 (29 U.S.C. 744) is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) in subparagraph (A), by striking
‘‘this subsection’’ and inserting ‘‘paragraph
(1)(B)’’; and
(ii) in subparagraph (B), by striking
‘‘allotted’’ and inserting ‘‘allotted under
paragraph (1)(A)’’; and
(B) by striking paragraph (3) and insert-
ing the following:
‘‘(3) ADJUSTMENT FOR INFLATION.—For any
fiscal year, beginning in fiscal year 1994, in which
the total amount appropriated to carry out this part
exceeds the total amount appropriated to carry out
this part for the preceding fiscal year by a percent-
age greater than the most recent percentage change
in the Consumer Price Index For All Urban Con-
sumers published by the Secretary of Labor under
section 100(c)(1), the Commissioner shall increase
the minimum allotment under paragraph (1)(B) by
such percentage change in the Consumer Price
Index For All Urban Consumers.’’; and
(2) by striking subsection (b) and inserting the
following:
‘‘(b) PROPORTIONAL REDUCTION.—To provide mini-
mum allotments to States (as increased under subsection
(a)(3)) under subsection (a)(1)(B), or to provide minimum
allotments to States under subsection (a)(2)(B), the Com-
missioner shall proportionately reduce the allotments of
the remaining States under subsection (a)(1)(A), with
such adjustments as may be necessary to prevent the allot-
ment of any such remaining State from being reduced to
less than the minimum allotment for a State (as increased
under subsection (a)(3)) under subsection (a)(1)(B), or
the minimum allotment for a State under subsection
(a)(2)(B), as appropriate.’’.
SEC. 108. CLIENT INFORMATION.
Title I (29 U.S.C. 721 et seq.) is amended by adding
at the end the following:
‘‘PART E—VOCATIONAL REHABILITATION SERVICES
CLIENT INFORMATION
‘‘SEC. 140. REVIEW OF DATA COLLECTION AND REPORTING
SYSTEM.
‘‘(a) REVIEW.—The Commissioner shall conduct a
comprehensive review of the current system for collecting
and reporting data on clients of programs carried out
under this Act, particularly data on clients of the pro-
grams carried out under this title.
‘‘(b) CONSIDERATIONS.—
‘‘(1) CURRENT DATA.—In conducting the re-
view, the Commissioner shall examine the kind,
quantity, and quality of the data that are currently
collected and reported, taking into consideration the
range of purposes that the data serve at the Federal,
State, and local levels.
‘‘(2) ADDITIONAL INFORMATION.—In conduct-
ing the review, the Commissioner shall examine the
feasibility of collecting and reporting under the sys-
tem information, if such information can be deter-
mined, with respect to each client participating in a
program under this Act, regarding—
‘‘(A) other programs in which the client
participated during the 3 years before the date
on which the client applied to participate in a
program under this Act;
‘‘(B) the number of jobs held, hours
worked, and earnings received by the client dur-
ing such 3 years;
‘‘(C) the types of major and secondary dis-
abilities of the client;
‘‘(D) the dates of the onset of the disabil-
ities;
‘‘(E) the severity of the disabilities;
‘‘(F) the source from which the client was
referred to a program under this Act;
‘‘(G) the hours worked by the client;
‘‘(H) the size and industry code of the
place of employment of the client at the time of
entry into such a program and at the termi-
nation of services under the program;
‘‘(I) the number of services provided to the
client under the programs and the cost of each
service;
‘‘(J) the types of public support received
by the client;
‘‘(K) the primary sources of economic sup-
port and amounts of public assistance received
by the client before and after receiving the
services;
‘‘(L) whether the client is covered by
health insurance from any source and whether
health insurance is available through the em-
ployer of the client;
‘‘(M) the supported employment status of
the client; and
‘‘(N) the reasons for terminating the serv-
ices received by the client.
‘‘(c) RECOMMENDATIONS.—Based on the review, the
Commissioner shall recommend improvements in the data
collection and reporting system.
‘‘(d) VIEWS.—In developing the recommendations,
the Commissioner shall seek views of persons and entities
providing or using such data, including State agencies,
State Rehabilitation Advisory Councils, providers of voca-
tional rehabilitation services, professionals in the field of
vocational rehabilitation, clients and organizations rep-
resenting clients, the National Council on Disability, other
Federal agencies, non-Federal researchers, other analysts
using the data, and other members of the public.
‘‘(e) PUBLICATION AND SUBMISSION OF REPORT.—
Not later than 18 months after the date of the enactment
of the Rehabilitation Act Amendments of 1992 (Public
Law 102–569), the Commissioner shall publish the rec-
ommendations in the Federal Register and shall prepare
and submit a report containing the recommendations to
the appropriate committees of Congress. The Commis-
sioner shall not implement the recommendations earlier
than 90 days after the date on which the Commissioner
submits the report.
‘‘SEC. 141. EXCHANGE OF DATA.
‘‘(a) EXCHANGE.—The Secretary of Education and
the Secretary of Health and Human Services shall enter
into a memorandum of understanding for the purposes of
exchanging data of mutual importance—
‘‘(1) that concern clients of State vocational re-
habilitation agencies; and
‘‘(2) that are data maintained either by—
‘‘(A) the Rehabilitation Services Adminis-
tration, as required by section 13; or
‘‘(B) the Social Security Administration,
from its Summary Earnings and Records and
Master Beneficiary Records.
‘‘(b) TREATMENT OF INFORMATION.—For purposes
of the exchange, the data described in subsection (a)(2)(B)
shall not be considered return information (as defined in
section 6103(b)(2) of the Internal Revenue Code of 1986)
and, as appropriate, the confidentiality of all client infor-
mation shall be maintained by both agencies.’’.
SEC. 109. RESEARCH AND TRAINING.
(a) NATIONAL INSTITUTE ON DISABILITY AND RE-
HABILITATION.—Section 202 (29 U.S.C. 761a) is amend-
ed—
(1) in subsection (b)—
(A) in paragraph (2)(D), by striking ‘‘the
individuals’’ and inserting ‘‘such individuals’’;
and
(B) in paragraph (4)(D), by striking ‘‘indi-
viduals’’ and inserting ‘‘individuals described in
subparagraph (C)’’;
(2) in the fourth sentence of subsection (c)(2),
by striking ‘‘In case of any vacancy in the office of
the Director, the’’ and inserting ‘‘The’’; and
(3) in subsection (g) in paragraph (3), by strik-
ing ‘‘and’’ at the end.