189
‘‘(2) CONDITIONS FOR GRANT.—A State may re-
ceive a grant under paragraph (1) for a fiscal year
only if the State meets the conditions described in this
title for the State for the fiscal year.
‘‘(b) ADMINISTRATOR OF FEDERAL PROGRAM.—The
Secretary shall carry out this title acting through the Com-
missioner of the Rehabilitation Services Administration, ex-
cept as indicated otherwise.
‘‘(c) RULE OF CONSTRUCTION.—The purpose specified
in section 100 shall be carried out only in accordance with
the other provisions of this title.
‘‘(d) FUNDING.—
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—For
the purpose of carrying out this title, there are au-
thorized to be appropriated such sums as may be nec-
essary for each of the fiscal years 1999 through 2002,
except that the amount to be appropriated for a fiscal
year shall not be less than the amount of the appro-
priation under this subsection for the immediately
preceding fiscal year, plus the amount of the
Consumer Price Index addition determined under
paragraph (2) for the immediately preceding fiscal
year.
‘‘(2) ADJUSTMENTS
PURSUANT
TO
CONSUMER
PRICE INDEX.—
190
‘‘(A) Not later than November 15 of each
fiscal year, the Secretary of Labor shall publish
in the Federal Register the percentage change in
the Consumer Price Index published for October
of the preceding fiscal year and October of the
fiscal year in which such publication is made.
‘‘(B) If in any fiscal year the percentage
change published under subparagraph (A) indi-
cates an increase in the Consumer Price Index,
then the amount to be appropriated under para-
graph (1) for the subsequent fiscal year shall be
at least the amount appropriated for the fiscal
year in which the publication is made under
subparagraph (A) increased by such percentage
change.
‘‘(C) If in any fiscal year the percentage
change published under subparagraph (A) does
not indicate an increase in the Consumer Price
Index, then the amount to be appropriated under
paragraph (1) for the subsequent fiscal year shall
be at least the amount appropriated for the fiscal
year in which the publication is made under
subparagraph (A).
‘‘(D) For purposes of this paragraph, the
term 
‘Consumer 
Price 
Index’ 
means 
the
191
Consumer Price Index for All Urban Consumers,
published monthly by the Bureau of Labor Sta-
tistics.
‘‘(3) AUTOMATIC
EXTENSION
OF
AUTHORIZA-
TION.—
‘‘(A) Unless, in the regular session that ends
prior to the beginning of the last fiscal year for
which an authorization of appropriations is pro-
vided in paragraph (1), legislation has been en-
acted that has the effect of extending such au-
thorization, such authorization is automatically
extended for one additional year.
‘‘(B) The amount authorized to be appro-
priated for the additional fiscal year described
in subparagraph (A) shall be an amount equal
to the amount appropriated for such program for
fiscal year 2002, plus the amount of the
Consumer Price Index addition determined
under paragraph (2) for the immediately preced-
ing fiscal year.
‘‘(C) In any case where the Commissioner is
required under an applicable statute to carry out
certain acts or make certain determinations that
are necessary for the continuation of the pro-
gram authorized by this title, and such acts or
192
determinations are required during the last fis-
cal year for which an authorization of appro-
priations is provided in paragraph (1), such acts
and determinations shall be required during any
fiscal year for which subparagraph (A) is in op-
eration.
‘‘SEC. 102. ALLOCATION WITHIN STATE OF ADMINISTRATIVE
RESPONSIBILITIES.
‘‘(a) IN GENERAL.—For purposes of section 101(a), a
State will—
‘‘(1) subject to subsection (b), reserve not more
than 20 percent of the grant under such section for
the fiscal year involved for carrying out the respon-
sibilities of a State administrative agent under sec-
tion 103; and
‘‘(2) reserve not less than 80 percent of the grant
for carrying out the responsibilities under section 104
of local workforce development boards and one-stop
career centers with respect to workforce development
areas.
‘‘(b) 
ADDITIONAL
STATE
RESPONSIBILITIES.—
Amounts reserved by a State under subsection (a)(1) may
be expended by the State administrative agent to carry out
responsibilities that otherwise would be carried out under
section 104 by local workforce development boards or one-
193
stop career centers, if the State determines that such ex-
penditures are justified to make available goods and services
that could not otherwise be obtained within a local
workforce development area, to provide services to individ-
uals unable to utilize the one-stop career centers, or to other-
wise ensure the efficient and equitable provision in the
State of services under this title, including the provision
of services for individuals in rural areas.
‘‘(c) CERTAIN DEFINITIONS.—For purposes of this Act,
the terms ‘State administrative agent’, ‘local workforce de-
velopment area’, ‘local workforce development board’, and
‘one-stop career center’ have the meanings given such terms
in sections 105 through 108, respectively, of the Consoli-
dated and Reformed Education, Employment, and Reha-
bilitation Systems Act.
‘‘SEC. 103. RESPONSIBILITIES OF STATE ADMINISTRATIVE
AGENT.
‘‘(a) STATE ADMINISTRATIVE AGENT.—In carrying
out the requirements of the Consolidated and Reformed
Education, Employment, and Rehabilitation Systems Act,
a Governor may designate—
‘‘(1) one State administrative agent to be respon-
sible for carrying out this title for individuals who
are blind; and
194
‘‘(2) a different State administrative agent to
carry out the remaining responsibilities in this title.
‘‘(b) RESPONSIBILITIES.—For purposes of section
101(a) and the operation in a State of the program under
this title:
‘‘(1) This subsection, and the subsequent provi-
sions of this section, will be carried out by State ad-
ministrative agents designated by the Governor in ac-
cordance with subsection (a), through the collaborative
process established under section 103 of the Consoli-
dated and Reformed Education, Employment, and
Rehabilitation Systems Act.
‘‘(2)(A) The State will provide to the public an
explanation of the methods by which the State will
provide vocational rehabilitation services (as defined
in section 104(b))—
‘‘(i) to all eligible individuals (as defined in
section 105(d)); and
‘‘(ii) within all local workforce delivery
areas in the State.
‘‘(B) In the event that such services cannot be
provided to all eligible individuals who apply for the
services, the State will show and provide the justifica-
tion for the order to be followed in selecting individ-
uals to whom the services will be provided.
195
‘‘(C) The order of selection under subparagraph
(B) will be determined on the basis of serving first
those individuals with the most severe disabilities, in
accordance with criteria established by the State.
‘‘(3) The State will establish guidelines provid-
ing that, in the case of an individual to whom the
State will provide a service (in accordance with the
order of selection under paragraph (2) and the assess-
ment of needs under section 104(c)(1)), the individual
will have the option of receiving the service from a
provider designated by the center or from a provider
selected by the individual pursuant to vouchers under
subsection (c).
‘‘(4) Pursuant to section 109 of the Consolidated
and Reformed Education, Employment, and Reha-
bilitation Systems Act, the State will make signifi-
cant efforts to encourage the participation in the
State program of community-based private providers,
with special consideration given to providers who
have received funds under this Act regarding projects
with industry or supported employment services, or
under the Act commonly known as the Javits-Wagner-
O’Day Act (41 U.S.C. 46 et seq.) for employment and
training services.
196
‘‘(5) The State will establish provisions to govern
determinations under section 105 (relating to the eli-
gibility of individuals).
‘‘(6) The State will establish standards to govern
the conduct under section 104(c)(1) of assessments of
need, including the development of a methodology that
will be applied in a reasonably uniform manner to
all individuals for whom such assessments are con-
ducted, and that (subject to the order of selection
under paragraph (2)) will be designed to prevent sub-
stantial disparities, among individuals with com-
parable circumstances, in the monetary value of the
services to be provided pursuant to the assessments.
‘‘(7)(A) The State will establish procedures
through which an individual may request and obtain
an impartial review, utilizing an impartial hearing
officer, of whether standards for determinations of eli-
gibility for services, assessments of vocational reha-
bilitation needs, and development of individualized
rehabilitation and employment plans under this title
were correctly applied to the individual by the one-
stop career center involved.
‘‘(B) The State will designate a number of days
(applied uniformly to all individuals) within which
review under subparagraph (A) will be conducted
197
once a request for such review is made by an individ-
ual, subject to subparagraph (C).
‘‘(C)(i) The State will provide that there may be
an informal hearing, mediation, or alternatives to
such review, if agreed upon by the individual and the
one-stop career center involved.
‘‘(ii) The State will provide that if, in a process
utilized under clause (i) by an individual, there is
not a final disposition of the matter involved, review
under subparagraph (A) will remain available to the
individual.
‘‘(8) The State will ensure that vocational reha-
bilitation services under this title, and related core
services, are provided by personnel who are qualified
to provide the services involved. For purposes of the
preceding sentence, the term ‘core services’ has the
meaning indicated for such term under title I of the
Consolidated and Reformed Education, Employment,
and Rehabilitation Systems Act.
‘‘(9) The State will establish plans, policies, and
procedures to be followed in carrying out the program
under this title in the State (including entering into
a formal interagency cooperative agreement with edu-
cation officials responsible for the provision of a free
appropriate public education to students who are in-
198
dividuals with disabilities). The State will ensure
that such plans, policies, and procedures are designed
in accordance with the following:
‘‘(A)(i) To facilitate the development and
accomplishment of the goals and objectives de-
scribed in clause (ii) (including the specification
of plans for coordination with the educational
agencies in the provision of transition services),
to the extent that the goals and objectives are in-
cluded in an individualized education program
of a student.
‘‘(ii) The goals and objectives referred to in
clause (i) are long-term rehabilitation goals; in-
termediate rehabilitation objectives; and goals
and objectives related to enabling a student to
live independently before the student leaves a
school setting.
‘‘(B) To facilitate the transition from the
provision of a free appropriate public education
under the responsibility of an educational agen-
cy to the provision of vocational rehabilitation
services under this title, including the specifica-
tion of plans for coordination with educational
agencies in the provision of transition services to
an individual.
199
‘‘(C) To provide for—
‘‘(i) provisions for determining State
lead agencies and qualified personnel re-
sponsible for transition services;
‘‘(ii) procedures for outreach to and
identification of youth in need of such serv-
ices; and
‘‘(iii) a timeframe for evaluation and
follow-up of youth who have received such
services.
‘‘(10) The State will provide for coordination
and working relationships with the Statewide Inde-
pendent Living Council established under section 705
and independent living centers within the State.
‘‘(11) The State will provide for interagency co-
operation with, and the utilization of the services and
facilities of, the State agencies administering the
State’s public assistance programs, and other pro-
grams for individuals with disabilities.
‘‘(12) With respect to the one-stop career centers
operated pursuant to section 104, the State will pro-
vide for the appropriate training of the management
and staff of the centers regarding the effective provi-
sion of services to individuals with disabilities.
200
‘‘(13) The State will provide technical assistance
to local boards, one-stop career centers, and providers
relating to the effective provision of vocational reha-
bilitation services under this title, including the effec-
tive development of individualized rehabilitation and
employment plans, and will ensure that such tech-
nical assistance is provided through appropriate
means.
‘‘(c) AVAILABILITY OF VOUCHER SYSTEM REGARDING
SERVICES.—For purposes of section 101(a) and the oper-
ation in a State of the program under this title:
‘‘(1) The State will provide for the establishment
of a system to carry out this subsection.
‘‘(2) In the case of an eligible individual who (in
accordance with the order of selection under sub-
section (b)(2) and the assessment of needs under sec-
tion 105(b)(2)(A)) will receive vocational rehabilita-
tion services under this title, the one-stop career cen-
ter involved will, upon request of the individual, pro-
vide to the individual vouchers in accordance with
this subsection.
‘‘(3) Vouchers under this subsection will enable
such individual to obtain the vocational rehabilita-
tion services involved from providers selected by the
individual from among a list of providers approved
201
by the State for such purpose in accordance with sec-
tion 109 of the Consolidated and Reformed Edu-
cation, Employment, and Rehabilitation Systems Act.
‘‘(4) The monetary value of a voucher provided
to the individual for a particular type of service will
be calculated at a fair market value.
‘‘(5) To the extent practicable, the list of provid-
ers under paragraph (3) will provide for the avail-
ability within each local workforce development area
of a broad range of services.
‘‘(d) STATE OPTIONS.—With respect to compliance
with this section, a State may, in the discretion of the State,
expend a grant under section 101 for the following:
‘‘(1) To disseminate findings from research re-
garding vocational rehabilitation services, after con-
sideration of requests from local workforce develop-
ment boards and one-stop career centers regarding the
types of information needed by such boards and cen-
ters.
‘‘(2) To conduct demonstration projects regard-
ing improvements with respect to vocational rehabili-
tation services, subject to providing the results of such
projects to the Commissioner and as appropriate dis-
seminating the results within the State.
202
‘‘(e) CORE STANDARDS, PERFORMANCE GOALS, AND
MEASURES.—For purposes of section 101(a):
‘‘(1) The State involved will develop and imple-
ment a statewide system of core standards and meas-
ures of performance for programs established under
this title, based upon performance standards described
in paragraph (3), and consistent with the State’s
goals and objectives and the benchmarking process de-
scribed in the workforce development and literacy
plan submitted by the State under section 104 of the
Consolidated and Reformed Education, Employment,
and Rehabilitation Systems Act.
‘‘(2) The statewide system will—
‘‘(A) establish performance goals to define
the level of performance to be achieved by indi-
viduals served under this title and to evaluate
the quality and effectiveness of services and ac-
tivities under this title;
‘‘(B) express such goals in an objective,
quantifiable, and measurable form;
‘‘(C) establish performance indicators or
benchmarks that the State and local recipients of
funds will use in measuring or assessing progress
toward achieving such goals; and
203
‘‘(D) provide biennial reports to the public
and to the Secretary on the State’s progress in
achieving its goals.
‘‘(3) The statewide system will include measures
of—
‘‘(A) placement, retention, and earnings of
participants in integrated employment, includ-
ing retention and earnings at 6 months, and at
1 year after program termination, respectively;
‘‘(B) the percentage of individuals served
who had severe disabilities, including those indi-
viduals determined to have a disability under
title II or title XVI of the Social Security Act;
and
‘‘(C) other relevant measures of program
performance included in the standards and indi-
cators promulgated by the Commissioner under
sections 621 and 106 (relating to projects with
industry, and relating to evaluation standards
and indicators for vocational rehabilitation, re-
spectively), as such sections were in effect for fis-
cal year 1995.
204
‘‘SEC. 104. RESPONSIBILITIES FOR LOCAL BOARDS AND
SERVICE CENTERS.
‘‘(a) PROVISION
OF VOCATIONAL REHABILITATION
SERVICES.—For purposes of section 101(a) and the oper-
ation in a State of the program under this title:
‘‘(1) This section will be carried out by the one-
stop career centers in the State, with each such center
acting under the guidance of the local workforce devel-
opment board for the local workforce area within
which the center operates. Such centers will provide
services under this section directly or through con-
tract.
‘‘(2) In accordance with the order of selection
under section 103(b)(2), a one-stop career center will,
in expending amounts provided to the center from a
grant under section 101, carry out the following:
‘‘(A) Make determinations under section
105 of the eligibility of individuals for voca-
tional rehabilitation services (as defined in sub-
section (b)).
‘‘(B) Provide for vocational rehabilitation
services for eligible individuals.
‘‘(C) In the case of individuals with severe
disabilities, conduct outreach and intake activi-
ties for such individuals who are not able to di-
205
rectly access the one-stop career centers because
of the nature of their disabilities.
‘‘(3) A one-stop career center will, in expending
amounts provided to the center from a grant under
section 101, make vocational rehabilitation services
available at a variety of locations and, as appro-
priate for particular populations, in a variety of en-
vironments.
‘‘(b) DEFINITION.—For purposes of this title, the term
‘vocational rehabilitation services’ means such goods or
services for eligible individuals as are—
‘‘(1) necessary to render the individuals employ-
able and achieve an employment outcome; and
‘‘(2) provided in response to needs that arise, to
a significant extent, from the disability involved and
do not duplicate, to any significant extent, the core
services available under title I of the Consolidated
and Reformed Education, Employment, and Reha-
bilitation Systems Act.
‘‘(c) CERTAIN SERVICES.—For purposes of section
101(a), the vocational rehabilitation services available
through one-stop career centers will include the following:
‘‘(1) An assessment of the needs of eligible indi-
viduals for such services.
206
‘‘(2) Development, in accordance with section
105(b)(2), of an individualized rehabilitation and em-
ployment plan for the purpose of identifying employ-
ment goals, appropriate intermediate rehabilitation
objectives, and an appropriate combination of goods
and services for the individual to achieve the employ-
ment goals.
‘‘(3) Counseling, guidance, and work-related
placement services for individuals with disabilities,
including job search assistance, placement assistance,
job retention services, personal assistance services,
and 
follow-up, 
follow-along, 
and 
specific
postemployment services necessary to assist such indi-
viduals to maintain, regain, or advance in employ-
ment.
‘‘(4) Vocational and other training services for
individuals with disabilities, including personal and
vocational adjustment, books, or other training mate-
rials, and such services to the families of such indi-
viduals as are necessary to the adjustment or rehabili-
tation of such individuals.
‘‘(5) Rehabilitation technology services.
‘‘(6) Supported employment services.
‘‘(7) Physical and mental restoration services.
207
‘‘(8) Interpreter services for individuals who are
deaf, and reader services for individuals who are
blind.
‘‘(9) Rehabilitation teaching services and ori-
entation and mobility services for individuals who
are blind.
‘‘(10) Referral and other services designed to as-
sist individuals with disabilities in securing needed
services from other agencies through agreements devel-
oped under section 103(b)(10), if such services are not
available under this Act.
‘‘(11) Transportation in connection with the ren-
dering of any vocational rehabilitation service.
‘‘(12) Telecommunications, sensory, and other
technological aids and devices.
‘‘(13) On-the-job, or other related personal-assist-
ance services, provided while eligible individuals are
receiving other vocational rehabilitation services
under this title.
‘‘(d) CERTAIN ARRANGEMENTS.—For purposes of sec-
tion 101(a), a one-stop career center will, with respect to
the provision of vocational rehabilitation services to indi-
viduals with the most severe disabilities, provide for nec-
essary arrangements with community-based providers, in-
cluding arrangements regarding supported employment
208
services and extended services, periodic reviews of individ-
uals placed in extended employment, and services to pro-
mote movement from extended employment to integrated
employment.
‘‘(e) OPTIONAL PROVISION OF OTHER SERVICES.—For
purposes of this title, a one-stop career center may provide
such vocational rehabilitation services in addition to the
services specified in subsection (c) as the center determines
to be appropriate.
‘‘(f) ALLOCATION FOR CORE SERVICES.—For purposes
of section 101(a):
‘‘(1) With respect to a fiscal year, a local
workforce development board receiving amounts from
a grant under section 101 will reserve an amount for
the provision of core services under title I of the Con-
solidated and Reformed Education, Employment, and
Rehabilitation Systems Act.
‘‘(2) The amount so reserved will be based on the
number of eligible individuals with disabilities in the
local workforce development area and the costs of
training employees of the one-stop career centers to
provide high-quality services to individuals with dis-
abilities.
‘‘(g) PERFORMANCE PAYMENTS REGARDING VOUCH-
ERS.—For purposes of section 101(a):
209
‘‘(1) The local workforce development board in-
volved will ensure that, in providing for the payment
of services provided pursuant to vouchers, a portion
of the total payment is withheld from the provider
until the delivery of the services involved is completed
in reasonable accordance with the outcome designated
for the service pursuant to a prior understanding
with the provider.
‘‘(2) In the case of education, training, and
placement services that are designed to lead to an em-
ployment outcome, a portion of the total payment will
be withheld from the provider until—
‘‘(A) the participant has successfully com-
pleted the training; and
‘‘(B) the participant has been employed,
and has retained employment for a period of not
less than 90 days.
‘‘(h) PAYOR OF LAST RESORT REGARDING MEDICAL
SERVICES AND EDUCATIONAL ASSISTANCE.—For purposes
of section 101(a), a State will not expend a grant under
section 101 to pay for training services in institutions of
higher education, or to pay for medical services, unless sig-
nificant efforts have been made to secure payments, in whole
or in part, from other sources, except that such efforts are
not required if making the efforts would delay the provision