H. R. 1385—230
which allotted shall be available for reallotment by the Secretary
at appropriate times to other States with respect to which such
a determination has not been made, in proportion to the original
allotments of such States for such fiscal year, but with such propor-
tionate amount for any of such other States being reduced to the
extent it exceeds the sum the Secretary estimates such State needs
and will be able to use during such period, and the total of such
reduction shall be similarly reallotted among the States whose
proportionate amounts were not so reduced. Any such amount so
reallotted to a State for a fiscal year shall be deemed to be a
part of its allotment for such fiscal year.
‘‘(3) Except as specifically prohibited by or as otherwise provided
in State law, the Secretary shall pay to the agency designated
under subsection (c) the amount specified in the application
approved under subsection (f ).
‘‘(f ) No grant may be made under this section unless the State
submits an application to the Secretary at such time, in such
manner, and containing or accompanied by such information as
the Secretary deems necessary to meet the requirements of this
section.
‘‘(g) The Secretary shall prescribe regulations applicable to the
client assistance program which shall include the following require-
ments:
‘‘(1) No employees of such programs shall, while so
employed, serve as staff or consultants of any rehabilitation
project, program, or facility receiving assistance under this
Act in the State.
‘‘(2) Each program shall be afforded reasonable access to
policymaking and administrative personnel in the State and
local rehabilitation programs, projects, or facilities.
‘‘(3)(A) Each program shall contain provisions designed to
assure that to the maximum extent possible alternative means
of dispute resolution are available for use at the discretion
of an applicant or client of the program prior to resorting
to litigation or formal adjudication to resolve a dispute arising
under this section.
‘‘(B) In subparagraph (A), the term ‘alternative means of
dispute resolution’ means any procedure, including good faith
negotiation, conciliation, facilitation, mediation, factfinding, and
arbitration, and any combination of procedures, that is used
in lieu of litigation in a court or formal adjudication in an
administrative forum, to resolve a dispute arising under this
section.
‘‘(4) For purposes of any periodic audit, report, or evaluation
of the performance of a client assistance program under this
section, the Secretary shall not require such a program to
disclose the identity of, or any other personally identifiable
information related to, any individual requesting assistance
under such program.
‘‘(h) There are authorized to be appropriated such sums as
may be necessary for fiscal years 1999 through 2003 to carry
out the provisions of this section.
H. R. 1385—231
‘‘PART C—AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES
‘‘SEC. 121. VOCATIONAL REHABILITATION SERVICES GRANTS.
‘‘(a) The Commissioner, in accordance with the provisions of
this part, may make grants to the governing bodies of Indian
tribes located on Federal and State reservations (and consortia
of such governing bodies) to pay 90 percent of the costs of vocational
rehabilitation services for American Indians who are individuals
with disabilities residing on or near such reservations. The non-
Federal share of such costs may be in cash or in kind, fairly
valued, and the Commissioner may waive such non-Federal share
requirement in order to carry out the purposes of this Act.
‘‘(b)(1) No grant may be made under this part for any fiscal
year unless an application therefor has been submitted to and
approved by the Commissioner. The Commissioner may not approve
an application unless the application—
‘‘(A) is made at such time, in such manner, and contains
such information as the Commissioner may require;
‘‘(B) contains assurances that the rehabilitation services
provided under this part to American Indians who are individ-
uals with disabilities residing on or near a reservation in a
State shall be, to the maximum extent feasible, comparable
to rehabilitation services provided under this title to other
individuals with disabilities residing in the State and that,
where appropriate, may include services traditionally used by
Indian tribes; and
‘‘(C) contains assurances that the application was developed
in consultation with the designated State unit of the State.
‘‘(2) The provisions of sections 5, 6, 7, and 102(a) of the Indian
Self-Determination and Education Assistance Act shall be applicable
to any application submitted under this part. For purposes of this
paragraph, any reference in any such provision to the Secretary
of Education or to the Secretary of the Interior shall be considered
to be a reference to the Commissioner.
‘‘(3) Any application approved under this part shall be effective
for not more than 60 months, except as determined otherwise
by the Commissioner pursuant to prescribed regulations. The State
shall continue to provide vocational rehabilitation services under
its State plan to American Indians residing on or near a reservation
whenever such State includes any such American Indians in its
State population under section 110(a)(1).
‘‘(4) In making grants under this part, the Secretary shall
give priority consideration to applications for the continuation of
programs which have been funded under this part.
‘‘(5) Nothing in this section may be construed to authorize
a separate service delivery system for Indian residents of a State
who reside in non-reservation areas.
‘‘(c) The term ‘reservation’ includes Indian reservations, public
domain Indian allotments, former Indian reservations in Oklahoma,
and land held by incorporated Native groups, regional corporations,
and village corporations under the provisions of the Alaska Native
Claims Settlement Act.
H. R. 1385—232
‘‘PART D—VOCATIONAL REHABILITATION SERVICES CLIENT
INFORMATION
‘‘SEC. 131. DATA SHARING.
‘‘(a) IN GENERAL.—
‘‘(1) MEMORANDUM OF UNDERSTANDING.—The Secretary of
Education and the Secretary of Health and Human Services
shall enter into a memorandum of understanding for the pur-
poses of exchanging data of mutual importance—
‘‘(A) that concern clients of designated State agencies;
and
‘‘(B) that are data maintained either by—
‘‘(i) the Rehabilitation Services Administration, as
required by section 13; or
‘‘(ii) the Social Security Administration, from its
Summary Earnings and Records and Master Bene-
ficiary Records.
‘‘(2) EMPLOYMENT STATISTICS.—The Secretary of Labor shall
provide the Commissioner with employment statistics specified
in section 15 of the Wagner-Peyser Act, that facilitate evalua-
tion by the Commissioner of the program carried out under
part B, and allow the Commissioner to compare the progress
of individuals with disabilities who are assisted under the
program in securing, retaining, regaining, and advancing in
employment with the progress made by individuals who are
assisted under title I of the Workforce Investment Act of 1998.
‘‘(b) TREATMENT
OF
INFORMATION.—For purposes of the
exchange described in subsection (a)(1), the data described in sub-
section (a)(1)(B)(ii) 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 information
shall be maintained by the Rehabilitation Services Administration
and the Social Security Administration.’’.
SEC. 405. RESEARCH AND TRAINING.
Title II of the Rehabilitation Act of 1973 (29 U.S.C. 760 et
seq.), is amended to read as follows:
‘‘TITLE II—RESEARCH AND TRAINING
‘‘DECLARATION OF PURPOSE
‘‘SEC. 200. The purpose of this title is to—
‘‘(1) provide for research, demonstration projects, training,
and related activities to maximize the full inclusion and integra-
tion into society, employment, independent living, family sup-
port, and economic and social self-sufficiency of individuals
with disabilities of all ages, with particular emphasis on improv-
ing the effectiveness of services authorized under this Act;
‘‘(2) provide for a comprehensive and coordinated approach
to the support and conduct of such research, demonstration
projects, training, and related activities and to ensure that
the approach is in accordance with the 5-year plan developed
under section 202(h);
‘‘(3) promote the transfer of rehabilitation technology to
individuals with disabilities through research and demonstra-
tion projects relating to—
H. R. 1385—233
‘‘(A) the procurement process for the purchase of
rehabilitation technology;
‘‘(B) the utilization of rehabilitation technology on a
national basis;
‘‘(C) specific adaptations or customizations of products
to enable individuals with disabilities to live more
independently; and
‘‘(D) the development or transfer of assistive tech-
nology;
‘‘(4) ensure the widespread distribution, in usable formats,
of practical scientific and technological information—
‘‘(A) generated by research, demonstration projects,
training, and related activities; and
‘‘(B) regarding state-of-the-art practices, improvements
in the services authorized under this Act, rehabilitation
technology, and new knowledge regarding disabilities,
to rehabilitation professionals, individuals with disabilities, and
other interested parties, including the general public;
‘‘(5) identify effective strategies that enhance the opportuni-
ties of individuals with disabilities to engage in employment,
including employment involving telecommuting and self-
employment; and
‘‘(6) increase opportunities for researchers who are mem-
bers 
of 
traditionally 
underserved 
populations, 
including
researchers who are members of minority groups and research-
ers who are individuals with disabilities.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 201. (a) There are authorized to be appropriated—
‘‘(1) for the purpose of providing for the expenses of the
National Institute on Disability and Rehabilitation Research
under section 202, which shall include the expenses of the
Rehabilitation Research Advisory Council under section 205,
and shall not include the expenses of such Institute to carry
out section 204, such sums as may be necessary for each of
fiscal years 1999 through 2003; and
‘‘(2) to carry out section 204, such sums as may be necessary
for each of fiscal years 1999 through 2003.
‘‘(b) Funds appropriated under this title shall remain available
until expended.
‘‘NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH
‘‘SEC. 202. (a)(1) There is established within the Department
of Education a National Institute on Disability and Rehabilitation
Research (hereinafter in this title referred to as the ‘Institute’),
which shall be headed by a Director (hereinafter in this title referred
to as the ‘Director’), in order to—
‘‘(A) promote, coordinate, and provide for—
‘‘(i) research;
‘‘(ii) demonstration projects and training; and
‘‘(iii) related activities,
with respect to individuals with disabilities;
‘‘(B) more effectively carry out activities through the pro-
grams under section 204 and activities under this section;
‘‘(C) widely disseminate information from the activities
described in subparagraphs (A) and (B); and