H. R. 1385—173
‘‘(i) a particularized assessment supplementary to
the comprehensive assessment described in paragraph
(2)(B);
‘‘(ii) the provision of skilled job trainers who accom-
pany the individual for intensive job skill training at
the worksite;
‘‘(iii) job development, job retention, and placement
services;
‘‘(iv) social skills training;
‘‘(v) regular observation or supervision of the
individual;
‘‘(vi) followup services such as regular contact with
the employers, the individuals, the individuals’ rep-
resentatives, and other appropriate individuals, in
order to reinforce and stabilize the job placement;
‘‘(vii) facilitation of natural supports at the work-
site;
‘‘(viii) any other service identified in section 103;
or
‘‘(ix) a service similar to another service described
in this subparagraph.
‘‘(28) PERSONAL ASSISTANCE SERVICES.—The term ‘personal
assistance services’ means a range of services, provided by
one or more persons, designed to assist an individual with
a disability to perform daily living activities on or off the
job that the individual would typically perform if the individual
did not have a disability. Such services shall be designed to
increase the individual’s control in life and ability to perform
everyday activities on or off the job.
‘‘(29) PUBLIC OR NONPROFIT.—The term ‘public or nonprofit’,
used with respect to an agency or organization, includes an
Indian tribe.
‘‘(30) REHABILITATION TECHNOLOGY.—The term ‘rehabilita-
tion technology’ means the systematic application of tech-
nologies, engineering methodologies, or scientific principles to
meet the needs of and address the barriers confronted by
individuals with disabilities in areas which include education,
rehabilitation, employment, transportation, independent living,
and recreation. The term includes rehabilitation engineering,
assistive technology devices, and assistive technology services.
‘‘(31) SECRETARY.—The term ‘Secretary’, except when the
context otherwise requires, means the Secretary of Education.
‘‘(32) STATE.—The term ‘State’ includes, in addition to each
of the several States of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
‘‘(33) STATE
WORKFORCE
INVESTMENT
BOARD.—The term
‘State workforce investment board’ means a State workforce
investment board established under section 111 of the
Workforce Investment Act of 1998.
‘‘(34) STATEWIDE
WORKFORCE
INVESTMENT
SYSTEM.—The
term ‘statewide workforce investment system’ means a system
described in section 111(d)(2) of the Workforce Investment Act
of 1998.
‘‘(35) SUPPORTED EMPLOYMENT.—
H. R. 1385—174
‘‘(A) IN GENERAL.—The term ‘supported employment’
means competitive work in integrated work settings, or
employment in integrated work settings in which individ-
uals are working toward competitive work, consistent with
the strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice of the individ-
uals, for individuals with the most significant disabilities—
‘‘(i)(I) for whom competitive employment has not
traditionally occurred; or
‘‘(II) for whom competitive employment has been
interrupted or intermittent as a result of a significant
disability; and
‘‘(ii) who, because of the nature and severity of
their disability, need intensive supported employment
services for the period, and any extension, described
in paragraph (36)(C) and extended services after the
transition described in paragraph (13)(C) in order to
perform such work.
‘‘(B) CERTAIN TRANSITIONAL EMPLOYMENT.—Such term
includes transitional employment for persons who are
individuals with the most significant disabilities due to
mental illness.
‘‘(36) SUPPORTED EMPLOYMENT SERVICES.—The term ‘sup-
ported employment services’ means ongoing support services
and other appropriate services needed to support and maintain
an individual with a most significant disability in supported
employment, that—
‘‘(A) are provided singly or in combination and are
organized and made available in such a way as to assist
an eligible individual to achieve competitive employment;
‘‘(B) are based on a determination of the needs of
an eligible individual, as specified in an individualized
plan for employment; and
‘‘(C) are provided by the designated State unit for
a period of time not to extend beyond 18 months, unless
under special circumstances the eligible individual and the
rehabilitation counselor or coordinator involved jointly
agree to extend the time in order to achieve the rehabilita-
tion objectives identified in the individualized plan for
employment.
‘‘(37) TRANSITION SERVICES.—The term ‘transition services’
means a coordinated set of activities for a student, designed
within an outcome-oriented process, that promotes movement
from school to post school activities, including postsecondary
education, vocational training, integrated employment (includ-
ing supported employment), continuing and adult education,
adult services, independent living, or community participation.
The coordinated set of activities shall be based upon the individ-
ual student’s needs, taking into account the student’s pref-
erences and interests, and shall include instruction, community
experiences, the development of employment and other post
school adult living objectives, and, when appropriate, acquisi-
tion of daily living skills and functional vocational evaluation.
‘‘(38) VOCATIONAL
REHABILITATION
SERVICES.—The term
‘vocational rehabilitation services’ means those services identi-
fied in section 103 which are provided to individuals with
disabilities under this Act.
H. R. 1385—175
‘‘(39) WORKFORCE
INVESTMENT
ACTIVITIES.—The term
‘workforce investment activities’ means workforce investment
activities, as defined in section 101 of the Workforce Investment
Act of 1998, that are carried out under that Act.
‘‘ALLOTMENT PERCENTAGE
‘‘SEC. 7. (a)(1) For purposes of section 110, the allotment
percentage for any State shall be 100 per centum less that percent-
age which bears the same ratio to 50 per centum as the per
capita income of such State bears to the per capita income of
the United States, except that—
‘‘(A) the allotment percentage shall in no case be more
than 75 per centum or less than 331⁄3 per centum; and
‘‘(B) the allotment percentage for the District of Columbia,
Puerto Rico, Guam, the Virgin Islands, American Samoa, and
the Commonwealth of the Northern Mariana Islands shall be
75 per centum.
‘‘(2) The allotment percentages shall be promulgated by the
Secretary between October 1 and December 31 of each even-num-
bered year, on the basis of the average of the per capita incomes
of the States and of the United States for the three most recent
consecutive years for which satisfactory data are available from
the Department of Commerce. Such promulgation shall be conclu-
sive for each of the 2 fiscal years in the period beginning on
the October 1 next succeeding such promulgation.
‘‘(3) The term ‘United States’ means (but only for purposes
of this subsection) the 50 States and the District of Columbia.
‘‘(b) The population of the several States and of the United
States shall be determined on the basis of the most recent data
available, to be furnished by the Department of Commerce by
October 1 of the year preceding the fiscal year for which funds
are appropriated pursuant to statutory authorizations.
‘‘NONDUPLICATION
‘‘SEC. 8. In determining the amount of any State’s Federal
share of expenditures for planning, administration, and services
incurred by it under a State plan approved in accordance with
section 101, there shall be disregarded: (1) any portion of such
expenditures which are financed by Federal funds provided under
any other provision of law; and (2) the amount of any non-Federal
funds required to be expended as a condition of receipt of such
Federal funds. No payment may be made from funds provided
under one provision of this Act relating to any cost with respect
to which any payment is made under any other provision of this
Act, except that this section shall not be construed to limit or
reduce fees for services rendered by community rehabilitation pro-
grams.
‘‘APPLICATION OF OTHER LAWS
‘‘SEC. 9. The provisions of the Act of December 5, 1974 (Public
Law 93–510) and of title V of the Act of October 15, 1977 (Public
Law 95–134) shall not apply to the administration of the provisions
of this Act or to the administration of any program or activity
under this Act.
H. R. 1385—176
‘‘ADMINISTRATION OF THE ACT
‘‘SEC. 10. (a) In carrying out the purposes of this Act, the
Commissioner may—
‘‘(1) provide consultative services and technical assistance
to public or nonprofit private agencies and organizations,
including assistance to enable such agencies and organizations
to facilitate meaningful and effective participation by individ-
uals with disabilities in workforce investment activities;
‘‘(2) provide short-term training and technical instruction,
including training for the personnel of community rehabilitation
programs, centers for independent living, and other providers
of services (including job coaches);
‘‘(3) conduct special projects and demonstrations;
‘‘(4) collect, prepare, publish, and disseminate special edu-
cational or informational materials, including reports of the
projects for which funds are provided under this Act; and
‘‘(5) provide monitoring and conduct evaluations.
‘‘(b)(1) In carrying out the duties under this Act, the Commis-
sioner may utilize the services and facilities of any agency of the
Federal Government and of any other public or nonprofit agency
or organization, in accordance with agreements between the
Commissioner and the head thereof, and may pay therefor, in
advance or by way of reimbursement, as may be provided in the
agreement.
‘‘(2) In carrying out the provisions of this Act, the Commissioner
shall appoint such task forces as may be necessary to collect and
disseminate information in order to improve the ability of the
Commissioner to carry out the provisions of this Act.
‘‘(c) The Commissioner may promulgate such regulations as
are considered appropriate to carry out the Commissioner’s duties
under this Act.
‘‘(d) The Secretary shall promulgate regulations regarding the
requirements for the implementation of an order of selection for
vocational rehabilitation services under section 101(a)(5)(A) if such
services cannot be provided to all eligible individuals with disabil-
ities who apply for such services.
‘‘(e) Not later than 180 days after the date of enactment of
the Rehabilitation Act Amendments of 1998, the Secretary shall
receive public comment and promulgate regulations to implement
the amendments made by the Rehabilitation Act Amendments of
1998.
‘‘(f ) In promulgating regulations to carry out this Act, the
Secretary shall promulgate only regulations that are necessary
to administer and ensure compliance with the specific requirements
of this Act.
‘‘(g) There are authorized to be appropriated to carry out this
section such sums as may be necessary.
‘‘REPORTS
‘‘SEC. 11. (a) Not later than one hundred and eighty days
after the close of each fiscal year, the Commissioner shall prepare
and submit to the President and to the Congress a full and complete
report on the activities carried out under this Act, including the
activities and staffing of the information clearinghouse under sec-
tion 15.