H. R. 1385—213
each individual who is an applicant for or eligible to receive voca-
tional rehabilitation services under this title to exercise informed
choice throughout the vocational rehabilitation process carried out
under this title, including policies and procedures that require
the designated State agency—
‘‘(1) to inform each such applicant and eligible individual
(including students with disabilities who are making the transi-
tion from programs under the responsibility of an educational
agency to programs under the responsibility of the designated
State unit), through appropriate modes of communication, about
the availability of, and opportunities to exercise, informed
choice, including the availability of support services for individ-
uals with cognitive or other disabilities who require assistance
in exercising informed choice, throughout the vocational
rehabilitation process;
‘‘(2) to assist applicants and eligible individuals in exercis-
ing informed choice in decisions related to the provision of
assessment services under this title;
‘‘(3) to develop and implement flexible procurement policies
and methods that facilitate the provision of services, and that
afford eligible individuals meaningful choices among the meth-
ods used to procure services, under this title;
‘‘(4) to provide or assist eligible individuals in acquiring
information that enables those individuals to exercise informed
choice under this title in the selection of—
‘‘(A) the employment outcome;
‘‘(B) the specific vocational rehabilitation services
needed to achieve the employment outcome;
‘‘(C) the entity that will provide the services;
‘‘(D) the employment setting and the settings in which
the services will be provided; and
‘‘(E) the methods available for procuring the services;
and
‘‘(5) to ensure that the availability and scope of informed
choice provided under this section is consistent with the obliga-
tions of the designated State agency under this title.
‘‘SEC. 103. VOCATIONAL REHABILITATION SERVICES.
‘‘(a) VOCATIONAL REHABILITATION SERVICES FOR INDIVIDUALS.—
Vocational rehabilitation services provided under this title are any
services described in an individualized plan for employment nec-
essary to assist an individual with a disability in preparing for,
securing, retaining, or regaining an employment outcome that is
consistent with the strengths, resources, priorities, concerns, abili-
ties, capabilities, interests, and informed choice of the individual,
including—
‘‘(1) an assessment for determining eligibility and voca-
tional rehabilitation needs by qualified personnel, including,
if appropriate, an assessment by personnel skilled in rehabilita-
tion technology;
‘‘(2) counseling and guidance, including information and
support services to assist an individual in exercising informed
choice consistent with the provisions of section 102(d);
‘‘(3) referral and other services to secure needed services
from other agencies through agreements developed under sec-
tion 101(a)(11), if such services are not available under this
title;
H. R. 1385—214
‘‘(4) job-related services, including job search and placement
assistance, job retention services, followup services, and follow-
along services;
‘‘(5) vocational and other training services, including the
provision of personal and vocational adjustment services, books,
tools, and other training materials, except that no training
services provided at an institution of higher education shall
be paid for with funds under this title unless maximum efforts
have been made by the designated State unit and the individual
to secure grant assistance, in whole or in part, from other
sources to pay for such training;
‘‘(6) to the extent that financial support is not readily
available from a source (such as through health insurance
of the individual or through comparable services and benefits
consistent with section 101(a)(8)(A)), other than the designated
State unit, diagnosis and treatment of physical and mental
impairments, including—
‘‘(A) corrective surgery or therapeutic treatment nec-
essary to correct or substantially modify a physical or men-
tal condition that constitutes a substantial impediment
to employment, but is of such a nature that such correction
or modification may reasonably be expected to eliminate
or reduce such impediment to employment within a reason-
able length of time;
‘‘(B) necessary hospitalization in connection with sur-
gery or treatment;
‘‘(C) prosthetic and orthotic devices;
‘‘(D) eyeglasses and visual services as prescribed by
qualified personnel who meet State licensure laws and
who are selected by the individual;
‘‘(E) special services (including transplantation and
dialysis), artificial kidneys, and supplies necessary for the
treatment of individuals with end-stage renal disease; and
‘‘(F) diagnosis and treatment for mental and emotional
disorders by qualified personnel who meet State licensure
laws;
‘‘(7) maintenance for additional costs incurred while partici-
pating in an assessment for determining eligibility and voca-
tional rehabilitation needs or while receiving services under
an individualized plan for employment;
‘‘(8) transportation, including adequate training in the use
of public transportation vehicles and systems, that is provided
in connection with the provision of any other service described
in this section and needed by the individual to achieve an
employment outcome;
‘‘(9) on-the-job or other related personal assistance services
provided while an individual is receiving other services
described in this section;
‘‘(10) interpreter services provided by qualified personnel
for individuals who are deaf or hard of hearing, and reader
services for individuals who are determined to be blind, after
an examination by qualified personnel who meet State licensure
laws;
‘‘(11) rehabilitation teaching services, and orientation and
mobility services, for individuals who are blind;
‘‘(12) occupational licenses, tools, equipment, and initial
stocks and supplies;
H. R. 1385—215
‘‘(13) technical assistance and other consultation services
to conduct market analyses, develop business plans, and other-
wise provide resources, to the extent such resources are author-
ized to be provided through the statewide workforce investment
system, to eligible individuals who are pursuing self-employ-
ment or telecommuting or establishing a small business oper-
ation as an employment outcome;
‘‘(14) rehabilitation technology, including telecommuni-
cations, sensory, and other technological aids and devices;
‘‘(15) transition services for students with disabilities, that
facilitate the achievement of the employment outcome identified
in the individualized plan for employment;
‘‘(16) supported employment services;
‘‘(17) services to the family of an individual with a disability
necessary to assist the individual to achieve an employment
outcome; and
‘‘(18) specific post-employment services necessary to assist
an individual with a disability to, retain, regain, or advance
in employment.
‘‘(b) VOCATIONAL REHABILITATION SERVICES
FOR GROUPS
OF
INDIVIDUALS.—Vocational rehabilitation services provided for the
benefit of groups of individuals with disabilities may also include
the following:
‘‘(1) In the case of any type of small business operated
by individuals with significant disabilities the operation of
which can be improved by management services and super-
vision provided by the designated State agency, the provision
of such services and supervision, along or together with the
acquisition by the designated State agency of vending facilities
or other equipment and initial stocks and supplies.
‘‘(2)(A) The establishment, development, or improvement
of community rehabilitation programs, including, under special
circumstances, the construction of a facility. Such programs
shall be used to provide services that promote integration and
competitive employment.
‘‘(B) The provision of other services, that promise to contrib-
ute substantially to the rehabilitation of a group of individuals
but that are not related directly to the individualized plan
for employment of any 1 individual with a disability.
‘‘(3) The use of telecommunications systems (including tele-
phone, television, satellite, radio, and other similar systems)
that have the potential for substantially improving delivery
methods of activities described in this section and developing
appropriate programming to meet the particular needs of
individuals with disabilities.
‘‘(4)(A) Special services to provide nonvisual access to
information for individuals who are blind, including the use
of telecommunications, Braille, sound recordings, or other
appropriate media.
‘‘(B) Captioned television, films, or video cassettes for
individuals who are deaf or hard of hearing.
‘‘(C) Tactile materials for individuals who are deaf-blind.
‘‘(D) Other special services that provide information
through tactile, vibratory, auditory, and visual media.
‘‘(5) Technical assistance and support services to businesses
that are not subject to title I of the Americans with Disabilities
H. R. 1385—216
Act of 1990 (42 U.S.C. 12111 et seq.) and that are seeking
to employ individuals with disabilities.
‘‘(6) Consultative and technical assistance services to assist
educational agencies in planning for the transition of students
with disabilities from school to post-school activities, including
employment.
‘‘SEC. 104. NON-FEDERAL SHARE FOR ESTABLISHMENT OF PROGRAM
OR CONSTRUCTION.
‘‘For the purpose of determining the amount of payments to
States for carrying out part B (or to an Indian tribe under part
C), the non-Federal share, subject to such limitations and conditions
as may be prescribed in regulations by the Commissioner, shall
include contributions of funds made by any private agency,
organization, or individual to a State or local agency to assist
in meeting the costs of establishment of a community rehabilitation
program or construction, under special circumstances, of a facility
for such a program, which would be regarded as State or local
funds except for the condition, imposed by the contributor, limiting
use of such funds to establishment of such a program or construction
of such a facility.
‘‘SEC. 105. STATE REHABILITATION COUNCIL.
‘‘(a) ESTABLISHMENT.—
‘‘(1) 
IN
GENERAL.—Except 
as 
provided 
in 
section
101(a)(21)(A)(i), to be eligible to receive financial assistance
under this title a State shall establish a State Rehabilitation
Council (referred to in this section as the ‘Council’) in accord-
ance with this section.
‘‘(2) SEPARATE AGENCY FOR INDIVIDUALS WHO ARE BLIND.—
A State that designates a State agency to administer the part
of the State plan under which vocational rehabilitation services
are provided for individuals who are blind under section
101(a)(2)(A)(i) may establish a separate Council in accordance
with this section to perform the duties of such a Council with
respect to such State agency.
‘‘(b) COMPOSITION AND APPOINTMENT.—
‘‘(1) COMPOSITION.—
‘‘(A) IN GENERAL.—Except in the case of a separate
Council established under subsection (a)(2), the Council
shall be composed of—
‘‘(i) at least one representative of the Statewide
Independent Living Council established under section
705, which representative may be the chairperson or
other designee of the Council;
‘‘(ii) at least one representative of a parent training
and information center established pursuant to section
682(a) of the Individuals with Disabilities Education
Act (as added by section 101 of the Individuals with
Disabilities Education Act Amendments of 1997; Public
Law 105–17);
‘‘(iii) at least one representative of the client assist-
ance program established under section 112;
‘‘(iv) at least one qualified vocational rehabilitation
counselor, with knowledge of and experience with voca-
tional rehabilitation programs, who shall serve as an
ex officio, nonvoting member of the Council if the coun-
selor is an employee of the designated State agency;
H. R. 1385—217
‘‘(v) at least one representative of community
rehabilitation program service providers;
‘‘(vi) four representatives of business, industry, and
labor;
‘‘(vii) representatives of disability advocacy groups
representing a cross section of—
‘‘(I) individuals with physical, cognitive, sen-
sory, and mental disabilities; and
‘‘(II) individuals’ representatives of individuals
with disabilities who have difficulty in represent-
ing themselves or are unable due to their disabil-
ities to represent themselves;
‘‘(viii) current or former applicants for, or recipi-
ents of, vocational rehabilitation services;
‘‘(ix) in a State in which one or more projects
are carried out under section 121, at least one rep-
resentative of the directors of the projects;
‘‘(x) at least one representative of the State edu-
cational agency responsible for the public education
of students with disabilities who are eligible to receive
services under this title and part B of the Individuals
with Disabilities Education Act; and
‘‘(xi) at least one representative of the State
workforce investment board.
‘‘(B) SEPARATE COUNCIL.—In the case of a separate
Council established under subsection (a)(2), the Council
shall be composed of—
‘‘(i) at least one representative described in
subparagraph (A)(i);
‘‘(ii) at least one representative described in
subparagraph (A)(ii);
‘‘(iii) at least one representative described in
subparagraph (A)(iii);
‘‘(iv) at least one vocational rehabilitation coun-
selor described in subparagraph (A)(iv), who shall serve
as described in such subparagraph;
‘‘(v) at least one representative described in
subparagraph (A)(v);
‘‘(vi) four representatives described in subpara-
graph (A)(vi);
‘‘(vii) at least one representative of a disability
advocacy group representing individuals who are blind;
‘‘(viii) at least one individual’s representative, of
an individual who—
‘‘(I) is an individual who is blind and has
multiple disabilities; and
‘‘(II) has difficulty in representing himself or
herself or is unable due to disabilities to represent
himself or herself;
‘‘(ix) applicants or recipients described in subpara-
graph (A)(viii);
‘‘(x) in a State described in subparagraph (A)(ix),
at least one representative described in such subpara-
graph;
‘‘(xi) at least one representative described in
subparagraph (A)(x); and
H. R. 1385—218
‘‘(xii) at least one representative described in
subparagraph (A)(xi).
‘‘(C) EXCEPTION.—In the case of a separate Council
established under subsection (a)(2), any Council that is
required by State law, as in effect on the date of enactment
of the Rehabilitation Act Amendments of 1992, to have
fewer than 15 members shall be deemed to be in compliance
with subparagraph (B) if the Council—
‘‘(i) meets the requirements of subparagraph (B),
other than the requirements of clauses (vi) and (ix)
of such subparagraph; and
‘‘(ii) includes at least—
‘‘(I) one representative described in subpara-
graph (B)(vi); and
‘‘(II) one applicant or recipient described in
subparagraph (B)(ix).
‘‘(2) EX OFFICIO MEMBER.—The Director of the designated
State unit shall be an ex officio, nonvoting member of the
Council.
‘‘(3) APPOINTMENT.—Members of the Council shall be
appointed by the Governor. The Governor shall select members
after soliciting recommendations from representatives of
organizations representing a broad range of individuals with
disabilities and organizations interested in individuals with
disabilities. In selecting members, the Governor shall consider,
to the greatest extent practicable, the extent to which minority
populations are represented on the Council.
‘‘(4) QUALIFICATIONS.—
‘‘(A) IN GENERAL.—A majority of Council members shall
be persons who are—
‘‘(i) individuals with disabilities described in sec-
tion 7(20)(A); and
‘‘(ii) not employed by the designated State unit.
‘‘(B) SEPARATE COUNCIL.—In the case of a separate
Council established under subsection (a)(2), a majority of
Council members shall be persons who are—
‘‘(i) blind; and
‘‘(ii) not employed by the designated State unit.
‘‘(5) CHAIRPERSON.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the Council shall select a chairperson from among
the membership of the Council.
‘‘(B) DESIGNATION BY GOVERNOR.—In States in which
the chief executive officer does not have veto power pursu-
ant to State law, the Governor shall designate a member
of the Council to serve as the chairperson of the Council
or shall require the Council to so designate such a member.
‘‘(6) TERMS OF APPOINTMENT.—
‘‘(A) LENGTH OF TERM.—Each member of the Council
shall serve for a term of not more than 3 years, except
that—
‘‘(i) a member appointed to fill a vacancy occurring
prior to the expiration of the term for which a prede-
cessor was appointed, shall be appointed for the
remainder of such term; and
‘‘(ii) the terms of service of the members initially
appointed shall be (as specified by the Governor) for
H. R. 1385—219
such fewer number of years as will provide for the
expiration of terms on a staggered basis.
‘‘(B) NUMBER OF TERMS.—No member of the Council,
other than a representative described in clause (iii) or
(ix) of paragraph (1)(A), or clause (iii) or (x) of paragraph
(1)(B), may serve more than two consecutive full terms.
‘‘(7) VACANCIES.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), any vacancy occurring in the membership of the Coun-
cil shall be filled in the same manner as the original
appointment. The vacancy shall not affect the power of
the remaining members to execute the duties of the Coun-
cil.
‘‘(B) DELEGATION.—The Governor may delegate the
authority to fill such a vacancy to the remaining members
of the Council after making the original appointment.
‘‘(c) 
FUNCTIONS
OF
COUNCIL.—The 
Council 
shall, 
after
consulting with the State workforce investment board—
‘‘(1) review, analyze, and advise the designated State unit
regarding the performance of the responsibilities of the unit
under this title, particularly responsibilities relating to—
‘‘(A) eligibility (including order of selection);
‘‘(B) the extent, scope, and effectiveness of services
provided; and
‘‘(C) functions performed by State agencies that affect
or that potentially affect the ability of individuals with
disabilities in achieving employment outcomes under this
title;
‘‘(2) in partnership with the designated State unit—
‘‘(A) develop, agree to, and review State goals and
priorities in accordance with section 101(a)(15)(C); and
‘‘(B) evaluate the effectiveness of the vocational
rehabilitation program and submit reports of progress to
the Commissioner in accordance with section 101(a)(15)(E);
‘‘(3) advise the designated State agency and the designated
State unit regarding activities authorized to be carried out
under this title, and assist in the preparation of the State
plan and amendments to the plan, applications, reports, needs
assessments, and evaluations required by this title;
‘‘(4) to the extent feasible, conduct a review and analysis
of the effectiveness of, and consumer satisfaction with—
‘‘(A) the functions performed by the designated State
agency;
‘‘(B) vocational rehabilitation services provided by State
agencies and other public and private entities responsible
for providing vocational rehabilitation services to individ-
uals with disabilities under this Act; and
‘‘(C) employment outcomes achieved by eligible individ-
uals receiving services under this title, including the avail-
ability of health and other employment benefits in connec-
tion with such employment outcomes;
‘‘(5) prepare and submit an annual report to the Governor
and the Commissioner on the status of vocational rehabilitation
programs operated within the State, and make the report avail-
able to the public;
‘‘(6) to avoid duplication of efforts and enhance the number
of individuals served, coordinate activities with the activities
H. R. 1385—220
of other councils within the State, including the Statewide
Independent Living Council established under section 705, the
advisory panel established under section 612(a)(21) of the
Individual with Disabilities Education Act (as amended by sec-
tion 101 of the Individuals with Disabilities Education Act
Amendments of 1997; Public Law 105–17), the State Develop-
mental Disabilities Council described in section 124 of the
Developmental Disabilities Assistance and Bill of Rights Act
(42 U.S.C. 6024), the State mental health planning council
established under section 1914(a) of the Public Health Service
Act (42 U.S.C. 300x–4(a)), and the State workforce investment
board;
‘‘(7) provide for coordination and the establishment of work-
ing relationships between the designated State agency and
the Statewide Independent Living Council and centers for
independent living within the State; and
‘‘(8) perform such other functions, consistent with the pur-
pose of this title, as the State Rehabilitation Council determines
to be appropriate, that are comparable to the other functions
performed by the Council.
‘‘(d) RESOURCES.—
‘‘(1) PLAN.—The Council shall prepare, in conjunction with
the designated State unit, a plan for the provision of such
resources, including such staff and other personnel, as may
be necessary and sufficient to carry out the functions of the
Council under this section. The resource plan shall, to the
maximum extent possible, rely on the use of resources in exist-
ence during the period of implementation of the plan.
‘‘(2) RESOLUTION OF DISAGREEMENTS.—To the extent that
there is a disagreement between the Council and the designated
State unit in regard to the resources necessary to carry out
the functions of the Council as set forth in this section, the
disagreement shall be resolved by the Governor consistent with
paragraph (1).
‘‘(3) SUPERVISION AND EVALUATION.—Each Council shall,
consistent with State law, supervise and evaluate such staff
and other personnel as may be necessary to carry out its
functions under this section.
‘‘(4) PERSONNEL CONFLICT OF INTEREST.—While assisting
the Council in carrying out its duties, staff and other personnel
shall not be assigned duties by the designated State unit or
any other agency or office of the State, that would create
a conflict of interest.
‘‘(e) CONFLICT OF INTEREST.—No member of the Council shall
cast a vote on any matter that would provide direct financial
benefit to the member or otherwise give the appearance of a conflict
of interest under State law.
‘‘(f ) MEETINGS.—The Council shall convene at least four meet-
ings a year in such places as it determines to be necessary to
conduct Council business and conduct such forums or hearings
as the Council considers appropriate. The meetings, hearings, and
forums shall be publicly announced. The meetings shall be open
and accessible to the general public unless there is a valid reason
for an executive session.
‘‘(g) COMPENSATION
AND EXPENSES.—The Council may use
funds allocated to the Council by the designated State unit under
this title (except for funds appropriated to carry out the client
H. R. 1385—221
assistance program under section 112 and funds reserved pursuant
to section 110(c) to carry out part C) to reimburse members of
the Council for reasonable and necessary expenses of attending
Council meetings and performing Council duties (including child
care and personal assistance services), and to pay compensation
to a member of the Council, if such member is not employed
or must forfeit wages from other employment, for each day the
member is engaged in performing the duties of the Council.
‘‘(h) HEARINGS
AND FORUMS.—The Council is authorized to
hold such hearings and forums as the Council may determine
to be necessary to carry out the duties of the Council.
‘‘SEC. 106. EVALUATION STANDARDS AND PERFORMANCE INDICATORS.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—
‘‘(A) ESTABLISHMENT OF STANDARDS AND INDICATORS.—
The Commissioner shall, not later than July 1, 1999, estab-
lish and publish evaluation standards and performance
indicators for the vocational rehabilitation program carried
out under this title.
‘‘(B) REVIEW AND REVISION.—Effective July 1, 1999,
the Commissioner shall review and, if necessary, revise
the evaluation standards and performance indicators every
3 years. Any revisions of the standards and indicators
shall be developed with input from State vocational
rehabilitation agencies, related professional and consumer
organizations, recipients of vocational rehabilitation serv-
ices, and other interested parties. Any revisions of the
standards and indicators shall be subject to the publication,
review, and comment provisions of paragraph (3).
‘‘(C) BASES.—Effective July 1, 1999, to the maximum
extent practicable, the standards and indicators shall be
consistent with the core indicators of performance estab-
lished under section 136(b) of the Workforce Investment
Act of 1998.
‘‘(2) MEASURES.—The standards and indicators shall
include outcome and related measures of program performance
that facilitate the accomplishment of the purpose and policy
of this title.
‘‘(3) COMMENT.—The standards and indicators shall be
developed with input from State vocational rehabilitation agen-
cies, related professional and consumer organizations, recipi-
ents of vocational rehabilitation services, and other interested
parties. The Commissioner shall publish in the Federal Register
a notice of intent to regulate regarding the development of
proposed standards and indicators. Proposed standards and
indicators shall be published in the Federal Register for review
and comment. Final standards and indicators shall be published
in the Federal Register.
‘‘(b) COMPLIANCE.—
‘‘(1) STATE REPORTS.—In accordance with regulations estab-
lished by the Secretary, each State shall report to the Commis-
sioner after the end of each fiscal year the extent to which
the State is in compliance with the standards and indicators.
‘‘(2) PROGRAM IMPROVEMENT.—
‘‘(A) PLAN.—If the Commissioner determines that the
performance of any State is below established standards,