H. R. 1385—276
‘‘(II) individuals with disabilities and representa-
tives of individuals with disabilities; and
‘‘(III) a representative of the appropriate des-
ignated State unit;
‘‘(ii) identify job and career availability within the
community, consistent with the current and projected local
employment opportunities identified by the local workforce
investment board for the community under section
118(b)(1)(B) of the Workforce Investment Act of 1998;
‘‘(iii) identify the skills necessary to perform the jobs
and careers identified; and
‘‘(iv) prescribe training programs designed to develop
appropriate job and career skills, or job placement pro-
grams designed to identify and develop job placement and
career advancement opportunities, for individuals with
disabilities in fields related to the job and career availabil-
ity identified under clause (ii);
‘‘(B) provide job development, job placement, and career
advancement services;
‘‘(C) to the extent appropriate, provide for—
‘‘(i) training in realistic work settings in order to pre-
pare individuals with disabilities for employment and
career advancement in the competitive market; and
‘‘(ii) to the extent practicable, the modification of any
facilities or equipment of the employer involved that are
used primarily by individuals with disabilities, except that
a project shall not be required to provide for such modifica-
tion if the modification is required as a reasonable
accommodation under the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.); and
‘‘(D) provide individuals with disabilities with such support
services as may be required in order to maintain the employ-
ment and career advancement for which the individuals have
received training under this part.
‘‘(3)(A) An individual shall be eligible for services described
in paragraph (2) if the individual is determined to be an individual
described in section 102(a)(1), and if the determination is made
in a manner consistent with section 102(a).
‘‘(B) Such a determination may be made by the recipient of
a grant under this part, to the extent the determination is appro-
priate and available and consistent with the requirements of section
102(a).
‘‘(4) The Commissioner shall enter into an agreement with
the grant recipient regarding the establishment of the project. Any
agreement shall be jointly developed by the Commissioner, the
grant recipient, and, to the extent practicable, the appropriate
designated State unit and the individuals with disabilities (or the
individuals’ representatives) involved. Such agreements shall
specify the terms of training and employment under the project,
provide for the payment by the Commissioner of part of the costs
of the project (in accordance with subsection (c)), and contain the
items required under subsection (b) and such other provisions as
the parties to the agreement consider to be appropriate.
‘‘(5) Any agreement shall include a description of a plan to
annually conduct a review and evaluation of the operation of the
project in accordance with standards developed by the Commis-
sioner under subsection (d), and, in conducting the review and
H. R. 1385—277
evaluation, to collect data and information of the type described
in subparagraphs (A) through (C) of section 101(a)(10), as deter-
mined to be appropriate by the Commissioner.
‘‘(6) The Commissioner may include, as part of agreements
with grant recipients, authority for such grant recipients to provide
technical assistance to—
‘‘(A) assist employers in hiring individuals with disabilities;
or
‘‘(B) improve or develop relationships between—
‘‘(i) grant recipients or prospective grant recipients;
and
‘‘(ii) employers or organized labor; or
‘‘(C) assist employers in understanding and meeting the
requirements of the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.) as the Act relates to employment
of individuals with disabilities.
‘‘(b) No payment shall be made by the Commissioner under
any agreement with a grant recipient entered into under subsection
(a) unless such agreement—
‘‘(1) provides an assurance that individuals with disabilities
placed under such agreement shall receive at least the
applicable minimum wage;
‘‘(2) provides an assurance that any individual with a
disability placed under this part shall be afforded terms and
benefits of employment equal to terms and benefits that are
afforded to the similarly situated nondisabled co-workers of
the individual, and that such individuals with disabilities shall
not be segregated from their co-workers; and
‘‘(3) provides an assurance that an annual evaluation report
containing information specified under subsection (a)(5) shall
be submitted as determined to be appropriate by the Commis-
sioner.
‘‘(c) Payments under this section with respect to any project
may not exceed 80 per centum of the costs of the project.
‘‘(d)(1) The Commissioner shall develop standards for the
evaluation described in subsection (a)(5) and shall review and revise
the evaluation standards as necessary, subject to paragraph (2).
‘‘(2) In revising the standards for evaluation to be used by
the grant recipients, the Commissioner shall obtain and consider
recommendations for such standards from State vocational
rehabilitation agencies, current and former grant recipients, profes-
sional organizations representing business and industry, organiza-
tions representing individuals with disabilities, individuals served
by 
grant 
recipients, 
organizations 
representing 
community
rehabilitation program providers, and labor organizations.
‘‘(e)(1)(A) A grant may be awarded under this section for a
period of up to 5 years and such grant may be renewed.
‘‘(B) Grants under this section shall be awarded on a competi-
tive basis. To be eligible to receive such a grant, a prospective
grant recipient shall submit an application to the Commissioner
at such time, in such manner, and containing such information
as the Commissioner may require.
‘‘(2) The Commissioner shall, to the extent practicable, ensure
an equitable distribution of payments made under this section
among the States. To the extent funds are available, the Commis-
sioner shall award grants under this section to new projects that
will serve individuals with disabilities in States, portions of States,
H. R. 1385—278
Indian tribes, or tribal organizations, that are currently unserved
or underserved by projects.
‘‘(f )(1) The Commissioner shall, as necessary, develop and
publish in the Federal Register, in final form, indicators of what
constitutes minimum compliance consistent with the evaluation
standards under subsection (d)(1).
‘‘(2) Each grant recipient shall report to the Commissioner
at the end of each project year the extent to which the grant
recipient is in compliance with the evaluation standards.
‘‘(3)(A) The Commissioner shall annually conduct onsite compli-
ance reviews of at least 15 percent of grant recipients. The Commis-
sioner shall select grant recipients for review on a random basis.
‘‘(B) The Commissioner shall use the indicators in determining
compliance with the evaluation standards.
‘‘(C) The Commissioner shall ensure that at least one member
of a team conducting such a review shall be an individual who—
‘‘(i) is not an employee of the Federal Government; and
‘‘(ii) has experience or expertise in conducting projects.
‘‘(D) The Commissioner shall ensure that—
‘‘(i) a representative of the appropriate designated State
unit shall participate in the review; and
‘‘(ii) no person shall participate in the review of a grant
recipient if—
‘‘(I) the grant recipient provides any direct financial
benefit to the reviewer; or
‘‘(II) participation in the review would give the appear-
ance of a conflict of interest.
‘‘(4) In making a determination concerning any subsequent
grant under this section, the Commissioner shall consider the past
performance of the applicant, if applicable. The Commissioner shall
use compliance indicators developed under this subsection that
are consistent with program evaluation standards developed under
subsection (d) to assess minimum project performance for purposes
of making continuation awards in the third, fourth, and fifth years.
‘‘(5) Each fiscal year the Commissioner shall include in the
annual report to Congress required by section 13 an analysis of
the extent to which grant recipients have complied with the evalua-
tion standards. The Commissioner may identify individual grant
recipients in the analysis. In addition, the Commissioner shall
report the results of onsite compliance reviews, identifying individ-
ual grant recipients.
‘‘(g) The Commissioner may provide, directly or by way of
grant, contract, or cooperative agreement, technical assistance to—
‘‘(1) entities conducting projects for the purpose of assisting
such entities in—
‘‘(A) the improvement of or the development of relation-
ships with private industry or labor; or
‘‘(B) the improvement of relationships with State voca-
tional rehabilitation agencies; and
‘‘(2) entities planning the development of new projects.
‘‘(h) As used in this section:
‘‘(1) The term ‘agreement’ means an agreement described
in subsection (a)(4).
‘‘(2) The term ‘project’ means a Project With Industry estab-
lished under subsection (a)(2).
‘‘(3) The term ‘grant recipient’ means a recipient of a grant
under subsection (a)(2).
H. R. 1385—279
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 612. There are authorized to be appropriated to carry
out the provisions of this part, such sums as may be necessary
for each of fiscal years 1999 through 2003.
‘‘PART B—SUPPORTED EMPLOYMENT SERVICES FOR INDIVIDUALS
WITH THE MOST SIGNIFICANT DISABILITIES
‘‘PURPOSE
‘‘SEC. 621. It is the purpose of this part to authorize allotments,
in addition to grants for vocational rehabilitation services under
title I, to assist States in developing collaborative programs with
appropriate entities to provide supported employment services for
individuals with the most significant disabilities to enable such
individuals to achieve the employment outcome of supported
employment.
‘‘ALLOTMENTS
‘‘SEC. 622. (a) IN GENERAL.—
‘‘(1) STATES.—The Secretary shall allot the sums appro-
priated for each fiscal year to carry out this part among the
States on the basis of relative population of each State, except
that—
‘‘(A) no State shall receive less than $250,000, or 1⁄3
of 1 percent of the sums appropriated for the fiscal year
for which the allotment is made, whichever is greater;
and
‘‘(B) if the sums appropriated to carry out this part
for the fiscal year exceed by $1,000,000 or more the sums
appropriated to carry out this part in fiscal year 1992,
no State shall receive less than $300,000, or 1⁄3 of 1 percent
of the sums appropriated for the fiscal year for which
the allotment is made, whichever is greater.
‘‘(2) CERTAIN TERRITORIES.—
‘‘(A) IN GENERAL.—For the purposes of this subsection,
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.—Each 
jurisdiction 
described 
in
subparagraph (A) shall be allotted not less than one-eighth
of one percent of the amounts appropriated for the fiscal
year for which the allotment is made.
‘‘(b) REALLOTMENT.—Whenever the Commissioner determines
that any amount of an allotment to a State for any fiscal year
will not be expended by such State for carrying out the provisions
of this part, the Commissioner shall make such amount available
for carrying out the provisions of this part to one or more of
the States that the Commissioner determines will be able to use
additional amounts during such year for carrying out such provi-
sions. Any amount made available to a State 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 State
(as determined under the preceding provisions of this section) for
such year.
H. R. 1385—280
‘‘AVAILABILITY OF SERVICES
‘‘SEC. 623. Funds provided under this part may be used to
provide supported employment services to individuals who are
eligible under this part. Funds provided under this part, or title
I, may not be used to provide extended services to individuals
who are eligible under this part or title I.
‘‘ELIGIBILITY
‘‘SEC. 624. An individual shall be eligible under this part to
receive supported employment services authorized under this Act
if—
‘‘(1) the individual is eligible for vocational rehabilitation
services;
‘‘(2) the individual is determined to be an individual with
a most significant disability; and
‘‘(3) a comprehensive assessment of rehabilitation needs
of the individual described in section 7(2)(B), including an
evaluation of rehabilitation, career, and job needs, identifies
supported employment as the appropriate employment outcome
for the individual.
‘‘STATE PLAN
‘‘SEC. 625. (a) STATE PLAN SUPPLEMENTS.—To be eligible for
an allotment under this part, a State shall submit to the Commis-
sioner, as part of the State plan under section 101, a State plan
supplement for providing supported employment services authorized
under this Act to individuals who are eligible under this Act to
receive the services. Each State shall make such annual revisions
in the plan supplement as may be necessary.
‘‘(b) CONTENTS.—Each such plan supplement shall—
‘‘(1) designate each designated State agency as the agency
to administer the program assisted under this part;
‘‘(2) summarize the results of the comprehensive, statewide
assessment conducted under section 101(a)(15)(A)(i), with
respect to the rehabilitation needs of individuals with signifi-
cant disabilities and the need for supported employment serv-
ices, including needs related to coordination;
‘‘(3) describe the quality, scope, and extent of supported
employment services authorized under this Act to be provided
to individuals who are eligible under this Act to receive the
services and specify the goals and plans of the State with
respect to the distribution of funds received under section 622;
‘‘(4) demonstrate evidence of the efforts of the designated
State agency to identify and make arrangements (including
entering into cooperative agreements) with other State agencies
and other appropriate entities to assist in the provision of
supported employment services;
‘‘(5) demonstrate evidence of the efforts of the designated
State agency to identify and make arrangements (including
entering into cooperative agreements) with other public or non-
profit agencies or organizations within the State, employers,
natural supports, and other entities with respect to the provi-
sion of extended services;
‘‘(6) provide assurances that—
H. R. 1385—281
‘‘(A) funds made available under this part will only
be used to provide supported employment services author-
ized under this Act to individuals who are eligible under
this part to receive the services;
‘‘(B) the comprehensive assessments of individuals with
significant disabilities conducted under section 102(b)(1)
and funded under title I will include consideration of sup-
ported employment as an appropriate employment outcome;
‘‘(C) an individualized plan for employment, as required
by section 102, will be developed and updated using funds
under title I in order to—
‘‘(i) specify the supported employment services to
be provided;
‘‘(ii) specify the expected extended services needed;
and
‘‘(iii) identify the source of extended services, which
may include natural supports, or to the extent that
it is not possible to identify the source of extended
services at the time the individualized plan for employ-
ment is developed, a statement describing the basis
for concluding that there is a reasonable expectation
that such sources will become available;
‘‘(D) the State will use funds provided under this part
only to supplement, and not supplant, the funds provided
under title I, in providing supported employment services
specified in the individualized plan for employment;
‘‘(E) services provided under an individualized plan
for employment will be coordinated with services provided
under other individualized plans established under other
Federal or State programs;
‘‘(F) to the extent jobs skills training is provided, the
training will be provided on site; and
‘‘(G) supported employment services will include place-
ment in an integrated setting for the maximum number
of hours possible based on the unique strengths, resources,
priorities, concerns, abilities, capabilities, interests, and
informed choice of individuals with the most significant
disabilities;
‘‘(7) provide assurances that the State agencies designated
under paragraph (1) will expend not more than 5 percent of
the allotment of the State under this part for administrative
costs of carrying out this part; and
‘‘(8) contain such other information and be submitted in
such manner as the Commissioner may require.
‘‘RESTRICTION
‘‘SEC. 626. Each State agency designated under section 625(b)(1)
shall collect the information required by section 101(a)(10) sepa-
rately for eligible individuals receiving supported employment serv-
ices under this part and for eligible individuals receiving supported
employment services under title I.
‘‘SAVINGS PROVISION
‘‘SEC. 627. (a) SUPPORTED EMPLOYMENT SERVICES.—Nothing
in this Act shall be construed to prohibit a State from providing
supported employment services in accordance with the State plan
H. R. 1385—282
submitted under section 101 by using funds made available through
a State allotment under section 110.
‘‘(b) POSTEMPLOYMENT SERVICES.—Nothing in this part shall
be construed to prohibit a State from providing discrete
postemployment services in accordance with the State plan submit-
ted under section 101 by using funds made available through a
State allotment under section 110 to an individual who is eligible
under this part.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 628. There are authorized to be appropriated to carry
out this part such sums as may be necessary for each of fiscal
years 1999 through 2003.’’.
SEC. 410. INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING.
Title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796
et seq.) is amended to read as follows:
‘‘TITLE 
VII—INDEPENDENT 
LIVING
SERVICES AND CENTERS FOR INDE-
PENDENT LIVING
‘‘CHAPTER 1—INDIVIDUALS WITH SIGNIFICANT
DISABILITIES
‘‘PART A—GENERAL PROVISIONS
‘‘SEC. 701. PURPOSE.
‘‘The purpose of this chapter is to promote a philosophy of
independent living, including a philosophy of consumer control,
peer support, self-help, self-determination, equal access, and
individual and system advocacy, in order to maximize the leader-
ship, empowerment, independence, and productivity of individuals
with disabilities, and the integration and full inclusion of individ-
uals with disabilities into the mainstream of American society,
by—
‘‘(1) providing financial assistance to States for providing,
expanding, and improving the provision of independent living
services;
‘‘(2) providing financial assistance to develop and support
statewide networks of centers for independent living; and
‘‘(3) providing financial assistance to States for improving
working 
relationships 
among 
State 
independent 
living
rehabilitation service programs, centers for independent living,
Statewide Independent Living Councils established under sec-
tion 705, State vocational rehabilitation programs receiving
assistance under title I, State programs of supported employ-
ment services receiving assistance under part B of title VI,
client assistance programs receiving assistance under section
112, programs funded under other titles of this Act, programs
funded under other Federal law, and programs funded through
non-Federal sources.
H. R. 1385—283
‘‘SEC. 702. DEFINITIONS.
‘‘As used in this chapter:
‘‘(1) CENTER FOR INDEPENDENT LIVING.—The term ‘center
for independent living’ means a consumer-controlled, commu-
nity-based, cross-disability, nonresidential private nonprofit
agency that—
‘‘(A) is designed and operated within a local community
by individuals with disabilities; and
‘‘(B) provides an array of independent living services.
‘‘(2) CONSUMER
CONTROL.—The term ‘consumer control’
means, with respect to a center for independent living, that
the center vests power and authority in individuals with disabil-
ities.
‘‘SEC. 703. ELIGIBILITY FOR RECEIPT OF SERVICES.
‘‘Services may be provided under this chapter to any individual
with a significant disability, as defined in section 7(21)(B).
‘‘SEC. 704. STATE PLAN.
‘‘(a) IN GENERAL.—
‘‘(1) REQUIREMENT.—To be eligible to receive financial
assistance under this chapter, a State shall submit to the
Commissioner, and obtain approval of, a State plan containing
such provisions as the Commissioner may require, including,
at a minimum, the provisions required in this section.
‘‘(2) JOINT DEVELOPMENT.—The plan under paragraph (1)
shall be jointly developed and signed by—
‘‘(A) the director of the designated State unit; and
‘‘(B) the chairperson of the Statewide Independent Liv-
ing Council, acting on behalf of and at the direction of
the Council.
‘‘(3) PERIODIC REVIEW AND REVISION.—The plan shall pro-
vide for the review and revision of the plan, not less than
once every 3 years, to ensure the existence of appropriate
planning, financial support and coordination, and other assist-
ance to appropriately address, on a statewide and comprehen-
sive basis, needs in the State for—
‘‘(A) the provision of State independent living services;
‘‘(B) the development and support of a statewide net-
work of centers for independent living; and
‘‘(C) working relationships between—
‘‘(i) programs providing independent living services
and independent living centers; and
‘‘(ii) the vocational rehabilitation program estab-
lished under title I, and other programs providing serv-
ices for individuals with disabilities.
‘‘(4) DATE OF SUBMISSION.—The State shall submit the plan
to the Commissioner 90 days before the completion date of
the preceding plan. If a State fails to submit such a plan
that complies with the requirements of this section, the
Commissioner may withhold financial assistance under this
chapter until such time as the State submits such a plan.
‘‘(b) STATEWIDE INDEPENDENT LIVING COUNCIL.—The plan shall
provide for the establishment of a Statewide Independent Living
Council in accordance with section 705.
H. R. 1385—284
‘‘(c) DESIGNATION OF STATE UNIT.—The plan shall designate
the designated State unit of such State as the agency that, on
behalf of the State, shall—
‘‘(1) receive, account for, and disburse funds received by
the State under this chapter based on the plan;
‘‘(2) provide administrative support services for a program
under part B, and a program under part C in a case in which
the program is administered by the State under section 723;
‘‘(3) keep such records and afford such access to such
records as the Commissioner finds to be necessary with respect
to the programs; and
‘‘(4) submit such additional information or provide such
assurances as the Commissioner may require with respect to
the programs.
‘‘(d) OBJECTIVES.—The plan shall—
‘‘(1) specify the objectives to be achieved under the plan
and establish timelines for the achievement of the objectives;
and
‘‘(2) explain how such objectives are consistent with and
further the purpose of this chapter.
‘‘(e) INDEPENDENT LIVING SERVICES.—The plan shall provide
that the State will provide independent living services under this
chapter to individuals with significant disabilities, and will provide
the services to such an individual in accordance with an independ-
ent living plan mutually agreed upon by an appropriate staff mem-
ber of the service provider and the individual, unless the individual
signs a waiver stating that such a plan is unnecessary.
‘‘(f ) SCOPE AND ARRANGEMENTS.—The plan shall describe the
extent and scope of independent living services to be provided
under this chapter to meet such objectives. If the State makes
arrangements, by grant or contract, for providing such services,
such arrangements shall be described in the plan.
‘‘(g) NETWORK.—The plan shall set forth a design for the
establishment of a statewide network of centers for independent
living that comply with the standards and assurances set forth
in section 725.
‘‘(h) CENTERS.—In States in which State funding for centers
for independent living equals or exceeds the amount of funds allot-
ted to the State under part C, as provided in section 723, the
plan shall include policies, practices, and procedures governing
the awarding of grants to centers for independent living and over-
sight of such centers consistent with section 723.
‘‘(i) COOPERATION, COORDINATION, AND WORKING RELATION-
SHIPS AMONG VARIOUS ENTITIES.—The plan shall set forth the
steps that will be taken to maximize the cooperation, coordination,
and working relationships among—
‘‘(1) the independent living rehabilitation service program,
the Statewide Independent Living Council, and centers for
independent living; and
‘‘(2) the designated State unit, other State agencies rep-
resented on such Council, other councils that address the needs
of specific disability populations and issues, and other public
and private entities determined to be appropriate by the Coun-
cil.
‘‘( j) COORDINATION OF SERVICES.—The plan shall describe how
services funded under this chapter will be coordinated with, and
H. R. 1385—285
complement, other services, in order to avoid unnecessary duplica-
tion with other Federal, State, and local programs.
‘‘(k) COORDINATION BETWEEN FEDERAL AND STATE SOURCES.—
The plan shall describe efforts to coordinate Federal and State
funding for centers for independent living and independent living
services.
‘‘(l) OUTREACH.—With respect to services and centers funded
under this chapter, the plan shall set forth steps to be taken
regarding outreach to populations that are unserved or underserved
by programs under this title, including minority groups and urban
and rural populations.
‘‘(m) REQUIREMENTS.—The plan shall provide satisfactory assur-
ances that all recipients of financial assistance under this chapter
will—
‘‘(1) notify all individuals seeking or receiving services
under this chapter about the availability of the client assistance
program under section 112, the purposes of the services pro-
vided under such program, and how to contact such program;
‘‘(2) take affirmative action to employ and advance in
employment qualified individuals with disabilities on the same
terms and conditions required with respect to the employment
of such individuals under the provisions of section 503;
‘‘(3) adopt such fiscal control and fund accounting proce-
dures as may be necessary to ensure the proper disbursement
of and accounting for funds paid to the State under this chapter;
‘‘(4)(A) maintain records that fully disclose—
‘‘(i) the amount and disposition by such recipient of
the proceeds of such financial assistance;
‘‘(ii) the total cost of the project or undertaking in
connection with which such financial assistance is given
or used; and
‘‘(iii) the amount of that portion of the cost of the
project or undertaking supplied by other sources;
‘‘(B) maintain such other records as the Commissioner
determines to be appropriate to facilitate an effective audit;
‘‘(C) afford such access to records maintained under sub-
paragraphs (A) and (B) as the Commissioner determines to
be appropriate; and
‘‘(D) submit such reports with respect to such records as
the Commissioner determines to be appropriate;
‘‘(5) provide access to the Commissioner and the Comptrol-
ler General or any of their duly authorized representatives,
for the purpose of conducting audits and examinations, of any
books, documents, papers, and records of the recipients that
are pertinent to the financial assistance received under this
chapter; and
‘‘(6) provide for public hearings regarding the contents of
the plan during both the formulation and review of the plan.
‘‘(n) EVALUATION.—The plan shall establish a method for the
periodic evaluation of the effectiveness of the plan in meeting the
objectives established in subsection (d), including evaluation of
satisfaction by individuals with disabilities.
‘‘SEC. 705. STATEWIDE INDEPENDENT LIVING COUNCIL.
‘‘(a) ESTABLISHMENT.—To be eligible to receive financial assist-
ance under this chapter, each State shall establish a Statewide
H. R. 1385—287
‘‘(B) DESIGNATION BY GOVERNOR.—In States in which
the Governor does not have veto power pursuant to State
law, the Governor shall designate a voting member of the
Council to serve as the chairperson of the Council or shall
require the Council to so designate such a voting member.
‘‘(6) TERMS OF APPOINTMENT.—
‘‘(A) LENGTH OF TERM.—Each member of the Council
shall serve for a term of 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
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
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 voting
members of the Council after making the original appoint-
ment.
‘‘(c) DUTIES.—The Council shall—
‘‘(1) jointly develop and sign (in conjunction with the des-
ignated State unit) the State plan required in section 704;
‘‘(2) monitor, review, and evaluate the implementation of
the State plan;
‘‘(3) coordinate activities with the State Rehabilitation
Council established under section 105, if the State has such
a Council, or the commission described in section 101(a)(21)(A),
if the State has such a commission, and councils that address
the needs of specific disability populations and issues under
other Federal law;
‘‘(4) ensure that all regularly scheduled meetings of the
Statewide Independent Living Council are open to the public
and sufficient advance notice is provided; and
‘‘(5) submit to the Commissioner such periodic reports as
the Commissioner may reasonably request, and keep such
records, and afford such access to such records, as the Commis-
sioner finds necessary to verify such reports.
‘‘(d) 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.
‘‘(e) PLAN.—
‘‘(1) IN GENERAL.—The Council shall prepare, in conjunction
with the designated State unit, a plan for the provision of
such resources, including such staff and personnel, as may
be necessary and sufficient to carry out the functions of the
Council under this section, with funds made available under
this chapter, and under section 110 (consistent with section
H. R. 1385—288
101(a)(18)), and from other public and private sources. The
resource plan shall, to the maximum extent possible, rely on
the use of resources in existence during the period of
implementation of the plan.
‘‘(2) 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 the
functions of the Council under this section.
‘‘(3) 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 agency or any other
agency or office of the State, that would create a conflict of
interest.
‘‘(f ) COMPENSATION AND EXPENSES.—The Council may use such
resources 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 serv-
ices), 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
Council duties.
‘‘SEC. 706. RESPONSIBILITIES OF THE COMMISSIONER.
‘‘(a) APPROVAL OF STATE PLANS.—
‘‘(1) IN GENERAL.—The Commissioner shall approve any
State plan submitted under section 704 that the Commissioner
determines meets the requirements of section 704, and shall
disapprove any such plan that does not meet such requirements,
as soon as practicable after receiving the plan. Prior to such
disapproval, the Commissioner shall notify the State of the
intention to disapprove the plan, and shall afford such State
reasonable notice and opportunity for a hearing.
‘‘(2) PROCEDURES.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the provisions of subsections (c) and (d) of section
107 shall apply to any State plan submitted to the Commis-
sioner under section 704.
‘‘(B) APPLICATION.—For purposes of the application
described in subparagraph (A), all references in such provi-
sions—
‘‘(i) to the Secretary shall be deemed to be ref-
erences to the Commissioner; and
‘‘(ii) to section 101 shall be deemed to be references
to section 704.
‘‘(b) INDICATORS.—Not later than October 1, 1993, the Commis-
sioner shall develop and publish in the Federal Register indicators
of minimum compliance consistent with the standards set forth
in section 725.
‘‘(c) ONSITE COMPLIANCE REVIEWS.—
‘‘(1) REVIEWS.—The Commissioner shall annually conduct
onsite compliance reviews of at least 15 percent of the centers
for independent living that receive funds under section 722
and shall periodically conduct such a review of each such center.
The Commissioner shall annually conduct onsite compliance
reviews of at least one-third of the designated State units
that receive funding under section 723, and, to the extent
necessary to determine the compliance of such a State unit
H. R. 1385—289
with subsections (f ) and (g) of section 723, centers that receive
funding under section 723 in such State. The Commissioner
shall select the centers and State units described in this para-
graph for review on a random basis.
‘‘(2) 
QUALIFICATIONS
OF
EMPLOYEES
CONDUCTING
REVIEWS.—The Commissioner shall—
‘‘(A) to the maximum extent practicable, carry out such
a review by using employees of the Department who are
knowledgeable about the provision of independent living
services;
‘‘(B) ensure that the employee of the Department with
responsibility for supervising such a review shall have such
knowledge; and
‘‘(C) ensure that at least one member of a team conduct-
ing such a review shall be an individual who—
‘‘(i) is not a government employee; and
‘‘(ii) has experience in the operation of centers
for independent living.
‘‘(d) REPORTS.—The Commissioner shall include, in the annual
report required under section 13, information on the extent to
which centers for independent living receiving funds under part
C have complied with the standards and assurances set forth in
section 725. The Commissioner may identify individual centers
for independent living in the analysis. The Commissioner shall
report the results of onsite compliance reviews, identifying individ-
ual centers for independent living and other recipients of assistance
under this chapter.
‘‘PART B—INDEPENDENT LIVING SERVICES
‘‘SEC. 711. ALLOTMENTS.
‘‘(a) IN GENERAL.—
‘‘(1) STATES.—
‘‘(A) POPULATION BASIS.—Except as provided in sub-
paragraphs (B) and (C), from sums appropriated for each
fiscal year to carry out this part, the Commissioner shall
make an allotment to each State whose State plan has
been approved under section 706 of an amount bearing
the same ratio to such sums as the population of the
State bears to the population of all States.
‘‘(B) MAINTENANCE OF 1992 AMOUNTS.—Subject to the
availability of appropriations to carry out this part, the
amount of any allotment made under subparagraph (A)
to a State for a fiscal year shall not be less than the
amount of an allotment made to the State for fiscal year
1992 under part A of this title, as in effect on the day
before the date of enactment of the Rehabilitation Act
Amendments of 1992.
‘‘(C) MINIMUMS.—Subject to the availability of appro-
priations to carry out this part, and except as provided
in subparagraph (B), the allotment to any State under
subparagraph (A) shall be not less than $275,000 or 1⁄3
of 1 percent of the sums made available for the fiscal
year for which the allotment is made, whichever is greater,
and the allotment of any State under this section for any
fiscal year that is less than $275,000 or 1⁄3 of 1 percent
H. R. 1385—290
of such sums shall be increased to the greater of the two
amounts.
‘‘(2) CERTAIN TERRITORIES.—
‘‘(A) IN
GENERAL.—For the purposes of paragraph
(1)(C), 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.—Each 
jurisdiction 
described 
in
subparagraph (A) shall be allotted under paragraph (1)(A)
not less than 1⁄8 of 1 percent of the amounts made available
for purposes of this part for the fiscal year for which
the allotment is made.
‘‘(3) ADJUSTMENT
FOR
INFLATION.—For any fiscal year,
beginning in fiscal year 1999, in which the total amount appro-
priated to carry out this part exceeds the total amount appro-
priated to carry out this part for the preceding fiscal year,
the Commissioner shall increase the minimum allotment under
paragraph (1)(C) by a percentage that shall not exceed the
percentage increase in the total amount appropriated to carry
out this part between the preceding fiscal year and the fiscal
year involved.
‘‘(b) PROPORTIONAL
REDUCTION.—To provide allotments to
States in accordance with subsection (a)(1)(B), to provide minimum
allotments to States (as increased under subsection (a)(3)) under
subsection (a)(1)(C), or to provide minimum allotments to States
under subsection (a)(2)(B), the Commissioner shall proportionately
reduce the allotments of the remaining States under subsection
(a)(1)(A), with such adjustments as may be necessary to prevent
the allotment of any such remaining State from being reduced
to less than the amount required by subsection (a)(1)(B).
‘‘(c) REALLOTMENT.—Whenever the Commissioner determines
that any amount of an allotment to a State for any fiscal year
will not be expended by such State in carrying out the provisions
of this part, the Commissioner shall make such amount available
for carrying out the provisions of this part to one or more of
the States that the Commissioner determines will be able to use
additional amounts during such year for carrying out such provi-
sions. Any amount made available to a State 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 State
(as determined under the preceding provisions of this section) for
such year.
‘‘SEC. 712. PAYMENTS TO STATES FROM ALLOTMENTS.
‘‘(a) PAYMENTS.—From the allotment of each State for a fiscal
year under section 711, the State shall be paid the Federal share
of the expenditures incurred during such year under its State
plan approved under section 706. Such payments may be made
(after necessary adjustments on account of previously made overpay-
ments or underpayments) in advance or by way of reimbursement,
and in such installments and on such conditions as the Commis-
sioner may determine.
‘‘(b) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share with respect to any
State for any fiscal year shall be 90 percent of the expenditures
incurred by the State during such year under its State plan
approved under section 706.