H. R. 1385—272
for Individuals With Disabilities Act of 1988 (42 U.S.C. 2201
et seq.).
‘‘(b) APPROPRIATIONS LESS THAN $5,500,000.—For any fiscal
year in which the amount appropriated to carry out this section
is less than $5,500,000, the Commissioner may make grants from
such amount to eligible systems within States to plan for, develop
outreach strategies for, and carry out protection and advocacy pro-
grams authorized under this section for individuals with disabilities
who meet the requirements of subparagraphs (A) and (B) of sub-
section (a)(1).
‘‘(c) APPROPRIATIONS OF $5,500,000 OR MORE.—
‘‘(1) RESERVATIONS.—
‘‘(A) TECHNICAL ASSISTANCE.—For any fiscal year in
which the amount appropriated to carry out this section
equals or exceeds $5,500,000, the Commissioner shall set
aside not less than 1.8 percent and not more than 2.2
percent of the amount to provide training and technical
assistance to the systems established under this section.
‘‘(B) GRANT FOR THE ELIGIBLE SYSTEM SERVING THE
AMERICAN
INDIAN
CONSORTIUM.—For any fiscal year in
which the amount appropriated to carry out this section
equals or exceeds $10,500,000, the Commissioner shall
reserve a portion, and use the portion to make a grant
for the eligible system serving the American Indian consor-
tium. The Commission shall make the grant in an amount
of not less than $50,000 for the fiscal year.
‘‘(2) ALLOTMENTS.—For any such fiscal year, after the res-
ervations required by paragraph (1) have been made, the
Commissioner shall make allotments from the remainder of
such amount in accordance with paragraph (3) to eligible sys-
tems within States to enable such systems to carry out protec-
tion and advocacy programs authorized under this section for
individuals referred to in subsection (b).
‘‘(3) SYSTEMS WITHIN STATES.—
‘‘(A) POPULATION
BASIS.—Except as provided in
subparagraph (B), from such remainder for each such fiscal
year, the Commissioner shall make an allotment to the
eligible system within a State of an amount bearing the
same ratio to such remainder as the population of the
State bears to the population of all States.
‘‘(B) MINIMUMS.—Subject to the availability of appro-
priations to carry out this section, and except as provided
in paragraph (4), the allotment to any system under
subparagraph (A) shall be not less than $100,000 or 1⁄3
of 1 percent of the remainder for the fiscal year for which
the allotment is made, whichever is greater, and the allot-
ment to any system under this section for any fiscal year
that is less than $100,000 or 1⁄3 of 1 percent of such
remainder shall be increased to the greater of the two
amounts.
‘‘(4) SYSTEMS WITHIN OTHER JURISDICTIONS.—
‘‘(A) IN
GENERAL.—For the purposes of paragraph
(3)(B), Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands shall not be considered to be States.
‘‘(B) ALLOTMENT.—The eligible system within a juris-
diction described in subparagraph (A) shall be allotted
H. R. 1385—273
under paragraph (3)(A) not less than $50,000 for the fiscal
year for which the allotment is made.
‘‘(5) ADJUSTMENT
FOR
INFLATION.—For any fiscal year,
beginning in fiscal year 1999, in which the total amount appro-
priated to carry out this section exceeds the total amount
appropriated to carry out this section for the preceding fiscal
year, the Commissioner shall increase each of the minimum
grants or allotments under paragraphs (1)(B), (3)(B), and (4)(B)
by a percentage that shall not exceed the percentage increase
in the total amount appropriated to carry out this section
between the preceding fiscal year and the fiscal year involved.
‘‘(d) PROPORTIONAL REDUCTION.—To provide minimum allot-
ments to systems within States (as increased under subsection
(c)(5)) under subsection (c)(3)(B), or to provide minimum allotments
to systems within States (as increased under subsection (c)(5))
under subsection (c)(4)(B), the Commissioner shall proportionately
reduce the allotments of the remaining systems within States under
subsection (c)(3), with such adjustments as may be necessary to
prevent the allotment of any such remaining system within a State
from being reduced to less than the minimum allotment for a
system within a State (as increased under subsection (c)(5)) under
subsection (c)(3)(B), or the minimum allotment for a State (as
increased under subsection (c)(5)) under subsection (c)(4)(B), as
appropriate.
‘‘(e) REALLOTMENT.—Whenever the Commissioner determines
that any amount of an allotment to a system within a State for
any fiscal year described in subsection (c)(1) will not be expended
by such system in carrying out the provisions of this section, the
Commissioner shall make such amount available for carrying out
the provisions of this section to one or more of the systems that
the Commissioner determines will be able to use additional amounts
during such year for carrying out such provisions. Any amount
made available to a system for any fiscal year pursuant to the
preceding sentence shall, for the purposes of this section, be
regarded as an increase in the allotment of the system (as deter-
mined under the preceding provisions of this section) for such
year.
‘‘(f ) APPLICATION.—In order to receive assistance under this
section, an eligible system shall submit an application to the
Commissioner, at such time, in such form and manner, and contain-
ing such information and assurances as the Commissioner deter-
mines necessary to meet the requirements of this section, including
assurances that the eligible system will—
‘‘(1) have in effect a system to protect and advocate the
rights of individuals with disabilities;
‘‘(2) have the same general authorities, including access
to records and program income, as are set forth in part C
of the Developmental Disabilities Assistance and Bill of Rights
Act (42 U.S.C. 6041 et seq.);
‘‘(3) have the authority to pursue legal, administrative,
and other appropriate remedies or approaches to ensure the
protection of, and advocacy for, the rights of such individuals
within the State or the American Indian consortium who are
individuals described in subsection (a)(1);
‘‘(4) provide information on and make referrals to programs
and services addressing the needs of individuals with disabil-
ities in the State or the American Indian consortium;
H. R. 1385—274
‘‘(5) develop a statement of objectives and priorities on
an annual basis, and provide to the public, including individuals
with disabilities and, as appropriate, the individuals’ represent-
atives, an opportunity to comment on the objectives and prior-
ities established by, and activities of, the system including—
‘‘(A) the objectives and priorities for the activities of
the system for each year and the rationale for the establish-
ment of such objectives and priorities; and
‘‘(B) the coordination of programs provided through
the system under this section with the advocacy programs
of the client assistance program under section 112, the
State long-term care ombudsman program established
under the Older Americans Act of 1965 (42 U.S.C. 3001
et seq.), the Developmental Disabilities Assistance and Bill
of Rights Act (42 U.S.C. 6000 et seq.), and the Protection
and Advocacy for Mentally Ill Individuals Act of 1986 (42
U.S.C. 10801 et seq.);
‘‘(6) establish a grievance procedure for clients or prospec-
tive clients of the system to ensure that individuals with disabil-
ities are afforded equal opportunity to access the services of
the system; and
‘‘(7) provide assurances to the Commissioner that funds
made available under this section will be used to supplement
and not supplant the non-Federal funds that would otherwise
be made available for the purpose for which Federal funds
are provided.
‘‘(g) CARRYOVER AND DIRECT PAYMENT.—
‘‘(1) DIRECT PAYMENT.—Notwithstanding any other provi-
sion of law, the Commissioner shall pay directly to any system
that complies with the provisions of this section, the amount
of the allotment of the State or the grant for the eligible
system that serves the American Indian consortium involved
under this section, unless the State or American Indian consor-
tium provides otherwise.
‘‘(2) CARRYOVER.—Any amount paid to an eligible system
that serves a State or American Indian consortium for a fiscal
year that remains unobligated at the end of such year shall
remain available to such system that serves the State or Amer-
ican Indian consortium for obligation during the next fiscal
year for the purposes for which such amount was paid.
‘‘(h) LIMITATION ON DISCLOSURE REQUIREMENTS.—For purposes
of any audit, report, or evaluation of the performance of the program
established under this section, the Commissioner shall not require
such a program to disclose the identity of, or any other personally
identifiable information related to, any individual requesting assist-
ance under such program.
‘‘(i) ADMINISTRATIVE COST.—In any State in which an eligible
system is located within a State agency, a State may use a portion
of any allotment under subsection (c) for the cost of the administra-
tion of the system required by this section. Such portion may
not exceed 5 percent of the allotment.
‘‘( j) 
DELEGATION.—The 
Commissioner 
may 
delegate 
the
administration of this program to the Commissioner of the Adminis-
tration on Developmental Disabilities within the Department of
Health and Human Services.
‘‘(k) REPORT.—The Commissioner shall annually prepare and
submit to the Committee on Education and the Workforce of the
H. R. 1385—275
House of Representatives and the Committee on Labor and Human
Resources of the Senate a report describing the types of services
and activities being undertaken by programs funded under this
section, the total number of individuals served under this section,
the types of disabilities represented by such individuals, and the
types of issues being addressed on behalf of such individuals.
‘‘(l) 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.
‘‘(m) DEFINITIONS.—As used in this section:
‘‘(1) ELIGIBLE SYSTEM.—The term ‘eligible system’ means
a protection and advocacy system that is established under
part C of the Developmental Disabilities Assistance and Bill
of Rights Act (42 U.S.C. 6041 et seq.) and that meets the
requirements of subsection (f ).
‘‘(2) AMERICAN INDIAN CONSORTIUM.—The term ‘American
Indian consortium’ means a consortium established as described
in section 142 of the Developmental Disabilities Assistance
and Bill of Rights Act (42 U.S.C. 6042).’’.
SEC. 409. EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH
DISABILITIES.
Title VI of the Rehabilitation Act of 1973 (29 U.S.C. 795 et
seq.) is amended to read as follows:
‘‘TITLE VI—EMPLOYMENT OPPORTUNITIES FOR
INDIVIDUALS WITH DISABILITIES
‘‘SHORT TITLE
‘‘SEC. 601. This title may be cited as the ‘Employment
Opportunities for Individuals With Disabilities Act’.
‘‘PART A—PROJECTS WITH INDUSTRY
‘‘PROJECTS WITH INDUSTRY
‘‘SEC. 611. (a)(1) The purpose of this part is to create and
expand job and career opportunities for individuals with disabilities
in the competitive labor market by engaging the talent and leader-
ship of private industry as partners in the rehabilitation process,
to identify competitive job and career opportunities and the skills
needed to perform such jobs, to create practical job and career
readiness and training programs, and to provide job placements
and career advancement.
‘‘(2) The Commissioner, in consultation with the Secretary of
Labor and with designated State units, may award grants to individ-
ual employers, community rehabilitation program providers, labor
unions, trade associations, Indian tribes, tribal organizations, des-
ignated State units, and other entities to establish jointly financed
Projects With Industry to create and expand job and career
opportunities for individuals with disabilities, which projects shall—
‘‘(A) provide for the establishment of business advisory
councils, that shall—
‘‘(i) be comprised of—
‘‘(I) representatives of private industry, business
concerns, and organized labor;