H. R. 1385—164
‘‘(I) existing information obtained for the pur-
poses of determining the eligibility of the individ-
ual and assigning priority for an order of selection
described in section 101(a)(5)(A) for the individual;
and
‘‘(II) such information as can be provided by
the individual and, where appropriate, by the fam-
ily of the individual;
‘‘(iii) may include, to the degree needed to make
such a determination, an assessment of the personality,
interests, interpersonal skills, intelligence and related
functional capacities, educational achievements, work
experience, vocational aptitudes, personal and social
adjustments, and employment opportunities of the
individual, and the medical, psychiatric, psychological,
and other pertinent vocational, educational, cultural,
social, recreational, and environmental factors, that
affect the employment and rehabilitation needs of the
individual; and
‘‘(iv) may include, to the degree needed, an
appraisal of the patterns of work behavior of the
individual and services needed for the individual to
acquire occupational skills, and to develop work atti-
tudes, work habits, work tolerance, and social and
behavior patterns necessary for successful job perform-
ance, including the utilization of work in real job situa-
tions to assess and develop the capacities of the individ-
ual to perform adequately in a work environment;
‘‘(C) referral, for the provision of rehabilitation tech-
nology services to the individual, to assess and develop
the capacities of the individual to perform in a work
environment; and
‘‘(D) an exploration of the individual’s abilities,
capabilities, and capacity to perform in work situations,
which shall be assessed periodically during trial work
experiences, including experiences in which the individual
is provided appropriate supports and training.
‘‘(3) ASSISTIVE TECHNOLOGY DEVICE.—The term ‘assistive
technology device’ has the meaning given such term in section
3(2) of the Technology-Related Assistance for Individuals With
Disabilities Act of 1988 (29 U.S.C. 2202(2)), except that the
reference in such section to the term ‘individuals with disabil-
ities’ shall be deemed to mean more than one individual with
a disability as defined in paragraph (20)(A).
‘‘(4) ASSISTIVE TECHNOLOGY SERVICE.—The term ‘assistive
technology service’ has the meaning given such term in section
3(3) of the Technology-Related Assistance for Individuals With
Disabilities Act of 1988 (29 U.S.C. 2202(3)), except that the
reference in such section—
‘‘(A) to the term ‘individual with a disability’ shall
be deemed to mean an individual with a disability, as
defined in paragraph (20)(A); and
‘‘(B) to the term ‘individuals with disabilities’ shall
be deemed to mean more than one such individual.
‘‘(5) COMMUNITY
REHABILITATION
PROGRAM.—The term
‘community rehabilitation program’ means a program that pro-
vides directly or facilitates the provision of vocational
H. R. 1385—165
rehabilitation services to individuals with disabilities, and that
provides, singly or in combination, for an individual with a
disability to enable the individual to maximize opportunities
for employment, including career advancement—
‘‘(A) medical, psychiatric, psychological, social, and
vocational services that are provided under one manage-
ment;
‘‘(B) testing, fitting, or training in the use of prosthetic
and orthotic devices;
‘‘(C) recreational therapy;
‘‘(D) physical and occupational therapy;
‘‘(E) speech, language, and hearing therapy;
‘‘(F) psychiatric, psychological, and social services,
including positive behavior management;
‘‘(G) assessment for determining eligibility and voca-
tional rehabilitation needs;
‘‘(H) rehabilitation technology;
‘‘(I) job development, placement, and retention services;
‘‘(J) evaluation or control of specific disabilities;
‘‘(K) orientation and mobility services for individuals
who are blind;
‘‘(L) extended employment;
‘‘(M) psychosocial rehabilitation services;
‘‘(N) supported employment services and extended
services;
‘‘(O) services to family members when necessary to
the vocational rehabilitation of the individual;
‘‘(P) personal assistance services; or
‘‘(Q) services similar to the services described in one
of subparagraphs (A) through (P).
‘‘(6) CONSTRUCTION; COST OF CONSTRUCTION.—
‘‘(A) CONSTRUCTION.—The term ‘construction’ means—
‘‘(i) the construction of new buildings;
‘‘(ii) the acquisition, expansion, remodeling, alter-
ation, and renovation of existing buildings; and
‘‘(iii) initial equipment of buildings described in
clauses (i) and (ii).
‘‘(B) COST
OF
CONSTRUCTION.—The term ‘cost of
construction’ includes architects’ fees and the cost of
acquisition of land in connection with construction but
does not include the cost of offsite improvements.
‘‘(7) CRIMINAL ACT.—The term ‘criminal act’ means any
crime, including an act, omission, or possession under the laws
of the United States or a State or unit of general local govern-
ment, which poses a substantial threat of personal injury, not-
withstanding that by reason of age, insanity, or intoxication
or otherwise the person engaging in the act, omission, or posses-
sion was legally incapable of committing a crime.
‘‘(8) DESIGNATED STATE AGENCY; DESIGNATED STATE UNIT.—
‘‘(A) DESIGNATED STATE AGENCY.—The term ‘designated
State agency’ means an agency designated under section
101(a)(2)(A).
‘‘(B) DESIGNATED STATE UNIT.—The term ‘designated
State unit’ means—
‘‘(i) any State agency unit required under section
101(a)(2)(B)(ii); or
H. R. 1385—166
‘‘(ii) in cases in which no such unit is so required,
the State agency described in section 101(a)(2)(B)(i).
‘‘(9) DISABILITY.—The term ‘disability’ means—
‘‘(A) except as otherwise provided in subparagraph (B),
a physical or mental impairment that constitutes or results
in a substantial impediment to employment; or
‘‘(B) for purposes of sections 2, 14, and 15, and titles
II, IV, V, and VII, a physical or mental impairment that
substantially limits one or more major life activities.
‘‘(10) DRUG AND ILLEGAL USE OF DRUGS.—
‘‘(A) DRUG.—The term ‘drug’ means a controlled sub-
stance, as defined in schedules I through V of section
202 of the Controlled Substances Act (21 U.S.C. 812).
‘‘(B) ILLEGAL
USE
OF
DRUGS.—The term ‘illegal use
of drugs’ means the use of drugs, the possession or distribu-
tion of which is unlawful under the Controlled Substances
Act. Such term does not include the use of a drug taken
under supervision by a licensed health care professional,
or other uses authorized by the Controlled Substances Act
or other provisions of Federal law.
‘‘(11) EMPLOYMENT OUTCOME.—The term ‘employment out-
come’ means, with respect to an individual—
‘‘(A) entering or retaining full-time or, if appropriate,
part-time competitive employment in the integrated labor
market;
‘‘(B) satisfying the vocational outcome of supported
employment; or
‘‘(C) satisfying any other vocational outcome the Sec-
retary may determine to be appropriate (including satisfy-
ing the vocational outcome of self-employment, telecommut-
ing, or business ownership),
in a manner consistent with this Act.
‘‘(12) ESTABLISHMENT
OF
A
COMMUNITY
REHABILITATION
PROGRAM.—The term ‘establishment of a community rehabilita-
tion program’ includes the acquisition, expansion, remodeling,
or alteration of existing buildings necessary to adapt them
to community rehabilitation program purposes or to increase
their effectiveness for such purposes (subject, however, to such
limitations as the Secretary may determine, in accordance with
regulations the Secretary shall prescribe, in order to prevent
impairment of the objectives of, or duplication of, other Federal
laws providing Federal assistance in the construction of facili-
ties for community rehabilitation programs), and may include
such additional equipment and staffing as the Commissioner
considers appropriate.
‘‘(13) EXTENDED SERVICES.—The term ‘extended 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 in maintaining supported employ-
ment;
‘‘(B) are based on a determination of the needs of
an eligible individual, as specified in an individualized
plan for employment; and
H. R. 1385—167
‘‘(C) are provided by a State agency, a nonprofit private
organization, employer, or any other appropriate resource,
after an individual has made the transition from support
provided by the designated State unit.
‘‘(14) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
term ‘Federal share’ means 78.7 percent.
‘‘(B) EXCEPTION.—The term ‘Federal share’ means the
share specifically set forth in section 111(a)(3), except that
with respect to payments pursuant to part B of title I
to any State that are used to meet the costs of construction
of those rehabilitation facilities identified in section
103(b)(2) in such State, the Federal share shall be the
percentages determined in accordance with the provisions
of section 111(a)(3) applicable with respect to the State.
‘‘(C) RELATIONSHIP TO EXPENDITURES BY A POLITICAL
SUBDIVISION.—For the purpose of determining the non-Fed-
eral share with respect to a State, expenditures by a politi-
cal subdivision thereof or by a local agency shall be
regarded as expenditures by such State, subject to such
limitations and conditions as the Secretary shall by regula-
tion prescribe.
‘‘(15) GOVERNOR.—The term ‘Governor’ means a chief
executive officer of a State.
‘‘(16) IMPARTIAL HEARING OFFICER.—
‘‘(A) IN GENERAL.—The term ‘impartial hearing officer’
means an individual—
‘‘(i) who is not an employee of a public agency
(other than an administrative law judge, hearing exam-
iner, or employee of an institution of higher education);
‘‘(ii) who is not a member of the State Rehabilita-
tion Council described in section 105;
‘‘(iii) who has not been involved previously in the
vocational rehabilitation of the applicant or client;
‘‘(iv) who has knowledge of the delivery of voca-
tional rehabilitation services, the State plan under sec-
tion 101, and the Federal and State rules governing
the provision of such services and training with respect
to the performance of official duties; and
‘‘(v) who has no personal or financial interest that
would be in conflict with the objectivity of the individ-
ual.
‘‘(B) CONSTRUCTION.—An individual shall not be
considered to be an employee of a public agency for pur-
poses of subparagraph (A)(i) solely because the individual
is paid by the agency to serve as a hearing officer.
‘‘(17) INDEPENDENT
LIVING
CORE
SERVICES.—The term
‘independent living core services’ means—
‘‘(A) information and referral services;
‘‘(B) independent living skills training;
‘‘(C) peer counseling (including cross-disability peer
counseling); and
‘‘(D) individual and systems advocacy.
‘‘(18) INDEPENDENT
LIVING
SERVICES.—The term ‘inde-
pendent living services’ includes—
‘‘(A) independent living core services; and
H. R. 1385—168
‘‘(B)(i) counseling services, including psychological,
psychotherapeutic, and related services;
‘‘(ii) services related to securing housing or shelter,
including services related to community group living, and
supportive of the purposes of this Act and of the titles
of this Act, and adaptive housing services (including appro-
priate accommodations to and modifications of any space
used to serve, or occupied by, individuals with disabilities);
‘‘(iii) rehabilitation technology;
‘‘(iv) mobility training;
‘‘(v) services and training for individuals with cognitive
and sensory disabilities, including life skills training, and
interpreter and reader services;
‘‘(vi) personal assistance services, including attendant
care and the training of personnel providing such services;
‘‘(vii) surveys, directories, and other activities to iden-
tify appropriate housing, recreation opportunities, and
accessible transportation, and other support services;
‘‘(viii) consumer information programs on rehabilitation
and independent living services available under this Act,
especially for minorities and other individuals with disabil-
ities who have traditionally been unserved or underserved
by programs under this Act;
‘‘(ix) education and training necessary for living in
a community and participating in community activities;
‘‘(x) supported living;
‘‘(xi) transportation, including referral and assistance
for such transportation and training in the use of public
transportation vehicles and systems;
‘‘(xii) physical rehabilitation;
‘‘(xiii) therapeutic treatment;
‘‘(xiv) provision of needed prostheses and other appli-
ances and devices;
‘‘(xv) individual and group social and recreational serv-
ices;
‘‘(xvi) training to develop skills specifically designed
for youths who are individuals with disabilities to promote
self-awareness and esteem, develop advocacy and self-
empowerment skills, and explore career options;
‘‘(xvii) services for children;
‘‘(xviii) services under other Federal, State, or local
programs designed to provide resources, training, counsel-
ing, or other assistance, of substantial benefit in enhancing
the independence, productivity, and quality of life of
individuals with disabilities;
‘‘(xix) appropriate preventive services to decrease the
need of individuals assisted under this Act for similar
services in the future;
‘‘(xx) community awareness programs to enhance the
understanding and integration into society of individuals
with disabilities; and
‘‘(xxi) such other services as may be necessary and
not inconsistent with the provisions of this Act.
‘‘(19) INDIAN; AMERICAN INDIAN; INDIAN AMERICAN; INDIAN
TRIBE.—
H. R. 1385—169
‘‘(A) IN
GENERAL.—The terms ‘Indian’, ‘American
Indian’, and ‘Indian American’ mean an individual who
is a member of an Indian tribe.
‘‘(B) INDIAN TRIBE.—The term ‘Indian tribe’ means any
Federal or State Indian tribe, band, rancheria, pueblo,
colony, or community, including any Alaskan native village
or regional village corporation (as defined in or established
pursuant to the Alaska Native Claims Settlement Act).
‘‘(20) INDIVIDUAL WITH A DISABILITY.—
‘‘(A) IN
GENERAL.—Except as otherwise provided in
subparagraph (B), the term ‘individual with a disability’
means any individual who—
‘‘(i) has a physical or mental impairment which
for such individual constitutes or results in a substan-
tial impediment to employment; and
‘‘(ii) can benefit in terms of an employment out-
come from vocational rehabilitation services provided
pursuant to title I, III, or VI.
‘‘(B) CERTAIN PROGRAMS; LIMITATIONS ON MAJOR LIFE
ACTIVITIES.—Subject to subparagraphs (C), (D), (E), and
(F), the term ‘individual with a disability’ means, for pur-
poses of sections 2, 14, and 15, and titles II, IV, V, and
VII of this Act, any person who—
‘‘(i) has a physical or mental impairment which
substantially limits one or more of such person’s major
life activities;
‘‘(ii) has a record of such an impairment; or
‘‘(iii) is regarded as having such an impairment.
‘‘(C) RIGHTS AND ADVOCACY PROVISIONS.—
‘‘(i) IN GENERAL; EXCLUSION OF INDIVIDUALS ENGAG-
ING IN DRUG USE.—For purposes of title V, the term
‘individual with a disability’ does not include an
individual who is currently engaging in the illegal use
of drugs, when a covered entity acts on the basis of
such use.
‘‘(ii) EXCEPTION
FOR
INDIVIDUALS
NO
LONGER
ENGAGING IN DRUG USE.—Nothing in clause (i) shall
be construed to exclude as an individual with a disabil-
ity an individual who—
‘‘(I) has successfully completed a supervised
drug rehabilitation program and is no longer
engaging in the illegal use of drugs, or has other-
wise been rehabilitated successfully and is no
longer engaging in such use;
‘‘(II) is participating in a supervised rehabilita-
tion program and is no longer engaging in such
use; or
‘‘(III) is erroneously regarded as engaging in
such use, but is not engaging in such use;
except that it shall not be a violation of this Act for
a covered entity to adopt or administer reasonable
policies or procedures, including but not limited to
drug testing, designed to ensure that an individual
described in subclause (I) or (II) is no longer engaging
in the illegal use of drugs.
H. R. 1385—170
‘‘(iii) EXCLUSION FOR CERTAIN SERVICES.—Notwith-
standing clause (i), for purposes of programs and activi-
ties providing health services and services provided
under titles I, II, and III, an individual shall not be
excluded from the benefits of such programs or activi-
ties on the basis of his or her current illegal use
of drugs if he or she is otherwise entitled to such
services.
‘‘(iv) DISCIPLINARY ACTION.—For purposes of pro-
grams and activities providing educational services,
local educational agencies may take disciplinary action
pertaining to the use or possession of illegal drugs
or alcohol against any student who is an individual
with a disability and who currently is engaging in
the illegal use of drugs or in the use of alcohol to
the same extent that such disciplinary action is taken
against students who are not individuals with disabil-
ities. Furthermore, the due process procedures at sec-
tion 104.36 of title 34, Code of Federal Regulations
(or any corresponding similar regulation or ruling)
shall not apply to such disciplinary actions.
‘‘(v) EMPLOYMENT; EXCLUSION
OF
ALCOHOLICS.—
For purposes of sections 503 and 504 as such sections
relate to employment, the term ‘individual with a
disability’ does not include any individual who is an
alcoholic whose current use of alcohol prevents such
individual from performing the duties of the job in
question or whose employment, by reason of such cur-
rent alcohol abuse, would constitute a direct threat
to property or the safety of others.
‘‘(D) EMPLOYMENT; EXCLUSION
OF
INDIVIDUALS
WITH
CERTAIN
DISEASES
OR
INFECTIONS.—For the purposes of
sections 503 and 504, as such sections relate to employ-
ment, such term does not include an individual who has
a currently contagious disease or infection and who, by
reason of such disease or infection, would constitute a
direct threat to the health or safety of other individuals
or who, by reason of the currently contagious disease or
infection, is unable to perform the duties of the job.
‘‘(E) RIGHTS
PROVISIONS; EXCLUSION
OF
INDIVIDUALS
ON BASIS OF HOMOSEXUALITY OR BISEXUALITY.—For the pur-
poses of sections 501, 503, and 504—
‘‘(i) for purposes of the application of subparagraph
(B) to such sections, the term ‘impairment’ does not
include homosexuality or bisexuality; and
‘‘(ii) therefore the term ‘individual with a disability’
does not include an individual on the basis of homo-
sexuality or bisexuality.
‘‘(F) RIGHTS
PROVISIONS; EXCLUSION
OF
INDIVIDUALS
ON BASIS OF CERTAIN DISORDERS.—For the purposes of sec-
tions 501, 503, and 504, the term ‘individual with a disabil-
ity’ does not include an individual on the basis of—
‘‘(i) 
transvestism, 
transsexualism, 
pedophilia,
exhibitionism, voyeurism, gender identity disorders not
resulting from physical impairments, or other sexual
behavior disorders;
H. R. 1385—171
‘‘(ii) compulsive gambling, kleptomania, or pyro-
mania; or
‘‘(iii) psychoactive substance use disorders result-
ing from current illegal use of drugs.
‘‘(G) 
INDIVIDUALS
WITH
DISABILITIES.—The 
term
‘individuals with disabilities’ means more than one individ-
ual with a disability.
‘‘(21) INDIVIDUAL WITH A SIGNIFICANT DISABILITY.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B) or (C), the term ‘individual with a significant disability’
means an individual with a disability—
‘‘(i) who has a severe physical or mental impair-
ment which seriously limits one or more functional
capacities (such as mobility, communication, self-care,
self-direction, interpersonal skills, work tolerance, or
work skills) in terms of an employment outcome;
‘‘(ii) 
whose 
vocational 
rehabilitation 
can 
be
expected to require multiple vocational rehabilitation
services over an extended period of time; and
‘‘(iii) who has one or more physical or mental
disabilities 
resulting 
from 
amputation, 
arthritis,
autism, blindness, burn injury, cancer, cerebral palsy,
cystic fibrosis, deafness, head injury, heart disease,
hemiplegia, hemophilia, respiratory or pulmonary
dysfunction, mental retardation, mental illness, mul-
tiple sclerosis, muscular dystrophy, musculo-skeletal
disorders, neurological disorders (including stroke and
epilepsy), paraplegia, quadriplegia, and other spinal
cord conditions, sickle cell anemia, specific learning
disability, end-stage renal disease, or another disability
or combination of disabilities determined on the basis
of an assessment for determining eligibility and voca-
tional rehabilitation needs described in subparagraphs
(A) and (B) of paragraph (2) to cause comparable
substantial functional limitation.
‘‘(B) INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING.—For purposes of title VII, the term
‘individual with a significant disability’ means an individ-
ual with a severe physical or mental impairment whose
ability to function independently in the family or commu-
nity or whose ability to obtain, maintain, or advance in
employment is substantially limited and for whom the
delivery of independent living services will improve the
ability to function, continue functioning, or move toward
functioning independently in the family or community or
to continue in employment, respectively.
‘‘(C) RESEARCH AND TRAINING.—For purposes of title
II, the term ‘individual with a significant disability’
includes an individual described in subparagraph (A) or
(B).
‘‘(D) INDIVIDUALS WITH SIGNIFICANT DISABILITIES.—The
term ‘individuals with significant disabilities’ means more
than one individual with a significant disability.
‘‘(E) INDIVIDUAL
WITH
A
MOST
SIGNIFICANT
DISABIL-
ITY.—
H. R. 1385—172
‘‘(i) IN GENERAL.—The term ‘individual with a most
significant disability’, used with respect to an individ-
ual in a State, means an individual with a significant
disability who meets criteria established by the State
under section 101(a)(5)(C).
‘‘(ii) INDIVIDUALS
WITH
THE
MOST
SIGNIFICANT
DISABILITIES.—The term ‘individuals with the most
significant disabilities’ means more than one individual
with a most significant disability.
‘‘(22) INDIVIDUAL’S
REPRESENTATIVE; 
APPLICANT’S
REP-
RESENTATIVE.—The terms ‘individual’s representative’ and
‘applicant’s representative’ mean a parent, a family member,
a guardian, an advocate, or an authorized representative of
an individual or applicant, respectively.
‘‘(23) INSTITUTION
OF
HIGHER
EDUCATION.—The term
‘institution of higher education’ has the meaning given the
term in section 1201(a) of the Higher Education Act of 1965
(20 U.S.C. 1141(a)).
‘‘(24) LOCAL AGENCY.—The term ‘local agency’ means an
agency of a unit of general local government or of an Indian
tribe (or combination of such units or tribes) which has an
agreement with the designated State agency to conduct a voca-
tional rehabilitation program under the supervision of such
State agency in accordance with the State plan approved under
section 101. Nothing in the preceding sentence of this para-
graph or in section 101 shall be construed to prevent the
local agency from arranging to utilize another local public or
nonprofit agency to provide vocational rehabilitation services
if such an arrangement is made part of the agreement specified
in this paragraph.
‘‘(25) LOCAL
WORKFORCE
INVESTMENT
BOARD.—The term
‘local workforce investment board’ means a local workforce
investment board established under section 117 of the
Workforce Investment Act of 1998.
‘‘(26) NONPROFIT.—The term ‘nonprofit’, when used with
respect to a community rehabilitation program, means a
community rehabilitation program carried out by a corporation
or association, no part of the net earnings of which inures,
or may lawfully inure, to the benefit of any private shareholder
or individual and the income of which is exempt from taxation
under section 501(c)(3) of the Internal Revenue Code of 1986.
‘‘(27) ONGOING SUPPORT SERVICES.—The term ‘ongoing sup-
port services’ means services—
‘‘(A) provided to individuals with the most significant
disabilities;
‘‘(B) provided, at a minimum, twice monthly—
‘‘(i) to make an assessment, regarding the employ-
ment situation, at the worksite of each such individual
in supported employment, or, under special cir-
cumstances, especially at the request of the client,
off site; and
‘‘(ii) based on the assessment, to provide for the
coordination or provision of specific intensive services,
at or away from the worksite, that are needed to main-
tain employment stability; and
‘‘(C) consisting of—