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‘‘(B) The plan under subparagraph (A) will be
developed and mutually agreed upon by the individ-
ual and an appropriate staff member of the one-stop
career center involved.
‘‘(C) A plan under subparagraph (A) is individ-
ualized if the plan is consistent with the unique
strengths, resources, priorities, concerns, abilities, and
capabilities of the individual for whom the plan is de-
veloped.
‘‘(D) A plan under subparagraph (A) is not re-
quired for an individual if the individual signs a
waiver stating that such a plan is not necessary for
the individual.
‘‘(c) RULE OF CONSTRUCTION.—This title may not be
construed as establishing an entitlement in any individual.
‘‘(d) DEFINITION.—For purposes of this title, the term
‘eligible individual’ means an individual described in sub-
section (a)(1).
‘‘SEC. 106. STATE REHABILITATION ADVISORY COUNCIL.
‘‘(a) IN GENERAL.—For purposes of section 101(a):
‘‘(1) A State will establish a State Rehabilitation
Advisory Council (referred to in this section as the
‘Council’) in accordance with this section.
‘‘(2) The Council will be composed of the follow-
ing:
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‘‘(A) Representatives of organizations with-
in the State providing services to individuals
with disabilities and their families, including
representatives of the client assistance program
under section 510.
‘‘(B) Representatives of business, industry,
and labor.
‘‘(C) Representatives of disability advocacy
groups representing a cross section of—
‘‘(i) individuals with physical, cog-
nitive, sensory, and mental disabilities; and
‘‘(ii) parents, family members, guard-
ians, advocates, or authorized representa-
tives, of individuals with disabilities who
have difficulty in representing themselves or
are unable due to their disabilities to rep-
resent themselves.
‘‘(3) The State administrative agent will be an
ex officio member of the Council.
‘‘(4) Members of the Council will be appointed
by the Governor or another entity that has appoint-
ment authority under State law.
‘‘(5) A majority of Council members will be per-
sons who are—
215
‘‘(A) individuals with disabilities described
in section 7(8)(B); and
‘‘(B) not employed by the designated State
administrative agent.
‘‘(6)(A) Except as provided in subparagraph
(B), the Council will select a chairperson from among
the membership of the Council.
‘‘(B) In States in which the Governor does not
have veto power pursuant to State law, the Governor
will designate a member of the Council to serve as the
chairperson of the Council or will require the Council
to so designate such a member.
‘‘(7) Each member of the Council will serve for
a term determined by the Governor or another entity
that has appointment authority under State law.
‘‘(8) Any vacancy occurring in the membership
of the Council will be filled in the same manner as
the original appointment. The vacancy will not affect
the power of the remaining members to execute the
duties of the Council.
‘‘(b) FUNCTIONS OF COUNCIL.—For purposes of section
101(a), the Council will carry out the following:
‘‘(1) Advise the collaborative process under sec-
tion 103 of the Consolidated and Reformed Edu-
cation, Employment, and Rehabilitation Systems Act,
216
and the State administrative agent, in the prepara-
tion of the State workforce development and literacy
plan and other plans, reports, needs assessments, and
evaluations required by this title.
‘‘(2) To the extent feasible, conduct a review and
analysis of the effectiveness of, and consumer satisfac-
tion with, the delivery of core services and vocational
rehabilitation services to individuals with disabilities
within the State.
‘‘(3) Prepare and submit an annual report to the
collaborative process or appropriate State adminis-
trative agent and the Commissioner on the status of
vocational rehabilitation programs operated within
the State, and make the report available to the public.
‘‘(4) Coordinate with other councils within the
State established to address the needs of individuals
with disabilities.
‘‘(5) Perform such other functions, consistent
with the purpose of this title, as the State Rehabilita-
tion Advisory Council determines to be appropriate,
that are comparable to the other functions performed
by the Council.
‘‘(c) RESOURCES.—
‘‘(1) PLAN.—For purposes of section 101(a), the
Council will prepare, in conjunction with the State
217
administrative agent, a plan for the provision of such
resources, including such staff and other personnel, as
may be necessary 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 re-
sources in existence during the period of implementa-
tion of the plan.
‘‘(2) RESOLUTION
OF
DISAGREEMENTS.—For
purposes of section 101(a), to the extent that there is
a disagreement between the Council and the State ad-
ministrative agent in regard to the resources nec-
essary to carry out the functions of the Council as set
forth in this section, the disagreement will be resolved
by the Governor or appointing agency identified in
subsection (a)(4).
‘‘(3) SUPERVISION AND EVALUATION.—For pur-
poses of section 101(a), the Council will, 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.—For
purposes of section 101(a), while assisting the Council
in carrying out its duties, staff and other personnel
will not be assigned duties by the State administra-
218
tive agent or any other agency or office of the State,
that would create a conflict of interest.
‘‘(d) CONFLICT OF INTEREST.—For purposes of section
101(a), no member of the Council will 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.
‘‘(e) MEETINGS.—For purposes of section 101(a), the
Council will convene meetings and conduct such forums or
hearings as the Council considers appropriate. The meet-
ings, hearings, and forums will be publicly announced. The
meetings will be open and accessible to the general public
unless there is a valid reason for an executive session.
‘‘(f) COMPENSATION AND EXPENSES.—For purposes of
section 101(a), the Council may use funds appropriated
under this title 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 com-
pensation 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 du-
ties of the Council.
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion prohibits a State from establishing and providing
219
funds to a separate council to carry out functions described
in subsection (b) with respect to vocational rehabilitation
services for individuals who are blind.
‘‘SEC. 107. AMOUNT OF ALLOTMENT.
‘‘(a)(1) Subject to the provisions of subsection (d), for
each fiscal year beginning before October 1, 1978, each State
shall be entitled to an allotment of an amount bearing the
same ratio to the amount authorized to be appropriated
under section 101(d) for allotment under this section as the
product of (A) the population of the State, and (B) the
square of its allotment percentage, bears to the sum of the
corresponding products for all the States.
‘‘(2)(A) For each fiscal year beginning on or after Oc-
tober 1, 1978, each State shall be entitled to an allotment
in an amount equal to the amount such State received
under paragraph (1) for the fiscal year ending September
30, 1978, and an additional amount determined pursuant
to subparagraph (B) of this paragraph.
‘‘(B) For each fiscal year beginning on or after October
1, 1978, each State shall be entitled to an allotment, from
any amount authorized to be appropriated for such fiscal
year under section 101(d) for allotment under this section
in excess of the amount appropriated under such section
for the fiscal year ending September 30, 1978, in an
amount equal to the sum of—
220
‘‘(i) an amount bearing the same ratio to 50 per-
cent of such excess amount as the product of the popu-
lation of the State and the square of its allotment per-
centage bears to the sum of the corresponding prod-
ucts for all the States; and
‘‘(ii) an amount bearing the same ratio to 50
percent of such excess amount as the product of the
population of the State and its allotment percentage
bears to the sum of the corresponding products for all
the States.
‘‘(3) The sum of the payment to any State (other than
Guam, American Samoa, the Virgin Islands, and the
Northern Mariana Islands) under this subsection for any
fiscal year which is less than one-third of 1 percent of the
amount appropriated under section 101(d), or $3,000,000,
whichever is greater, shall be increased to that amount, the
total of the increases thereby required being derived by pro-
portionately reducing the allotment to each of the remain-
ing such States under this subsection, but with such adjust-
ments as may be necessary to prevent the sum of the allot-
ments made under this subsection to any such remaining
State from being thereby reduced to less than that amount.
‘‘(4) For each fiscal year beginning on or after October
1, 1984, for which any amount is appropriated pursuant
to section 101(d), each State shall receive an allocation
221
(from such appropriated amount) in addition to the allot-
ment to which such State is entitled under paragraphs (2)
and (3) of this subsection. Such additional allocation shall
be an amount which bears the same ratio to the amount
so appropriated as that State’s allotment under paragraphs
(2) and (3) of this subsection bears to the sum of such allot-
ments of all the States.
‘‘(b)(1) If the payment to a State pursuant to this sec-
tion for a fiscal year is less than the total payments such
State received under section 2 of the Vocational Rehabilita-
tion Act for the fiscal year ending June 30, 1973, such State
shall be entitled to an additional payment (subject to the
same terms and conditions applicable to other payments
under this title) equal to the difference between the payment
under this section and the amount so received by it.
‘‘(2) If a State receives as its Federal share pursuant
to this section for any fiscal year less than the applicable
Federal share of the expenditure of such State for fiscal year
1972 for vocational rehabilitation services under the plan
for such State approved under section 101 as in effect for
such year (including any amount expended by such State
for the administration of the State plan but excluding any
amount expended by such State from non-Federal sources
for construction under such plan), such State shall be enti-
tled to an additional payment for such fiscal year, subject
222
to the same terms and conditions applicable to other pay-
ments under this title, equal to the difference between such
the payment pursuant to this section and an amount equal
to the applicable Federal share of such expenditure for voca-
tional rehabilitation services.
‘‘(3) Any payment attributable to the additional pay-
ment to a State under this subsection shall be made only
from appropriations specifically made to carry out this sub-
section, and such additional appropriations are hereby au-
thorized.’’.
(b) CERTAIN FUNDING PROVISION.—Effective October
1, 1995, the Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.) is amended by inserting after section 3 the following
section:
‘‘AVAILABILITY OF FUNDS
‘‘SEC. 3A. Notwithstanding any other provision of law,
funding to carry out titles II through VII for any fiscal
year is available only to such extent as is provided, or in
such amounts as are provided, in appropriations Acts.’’.
(c) CONFORMING AMENDMENTS.—Effective October 1,
1995, the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)
is amended in the table of contents in the first section—
(1) by inserting after the item relating to section
3 the following item:
‘‘Sec. 3A. Availability of funds.’’;
223
(2) by striking the items relating to sections 100
through 109, to sections 110 through 112, to sections
120 through 124, to section 130, and to sections 140
and 141;
(3) by striking the items relating to the title des-
ignation and heading for title I, and to the part des-
ignations and headings for parts A, B, C, D, and E
of title I;
(4) by inserting after the item relating to section
21 the following items:
‘‘TITLE I—VOCATIONAL REHABILITATION SERVICES
‘‘Sec. 100. Purpose.
‘‘Sec. 101. Formula Grants.
‘‘Sec. 102. Allocation Within State of Administrative Responsibilities.
‘‘Sec. 103. Responsibilities of State Administrative Agent.
‘‘Sec. 104. Responsibilities for Local Boards and Service Centers.
‘‘Sec. 105. Eligible Individual.
‘‘Sec. 106. State Rehabilitation Advisory Council.
‘‘Sec. 107. Amount of Allotment.’’; and
(5) by inserting after the item relating to section
509 the following item:
‘‘Sec. 510. Client assistance program.’’.
Subtitle B—Other Amendments to
Rehabilitation Act of 1973
SEC. 521. TRAINING AND DEMONSTRATION PROJECTS.
(a) IN GENERAL.—Effective October 1, 1995, the Reha-
bilitation Act of 1973 (29 U.S.C. 701 et seq.) is amended—
(1) in title III—
(A) by striking section 303;
224
(B) by striking section 304;
(C) in section 311, by striking subsection
(f);
(D) by striking section 312; and
(E) by striking section 316;
(2)(A) by transferring subsection (a) of section
802 from the current placement of the subsection;
(B) by redesignating such subsection as sub-
section (f); and
(C) by inserting such subsection at the end of
section 311 (as amended by paragraph (1)(C) of this
subsection);
(3)(A) by transferring subsection (g) of section
802 from the current placement of the subsection; and
(B) by inserting such subsection at the end of
section 311 (as amended by paragraph (2)(C) of this
subsection);
(4)(A) by transferring subsection (c) of section
803 from the current placement of the subsection;
(B) by redesignating such subsection as sub-
section (h); and
(C) by inserting such subsection at the end of
section 311 (as amended by paragraph (3)(B) of this
subsection);
225
(5)(A) by transferring subsection (b) of section
803 from the current placement of the subsection;
(B) by redesignating such subsection as sub-
section (j); and
(C) by inserting such subsection at the end of
section 302; and
(6) by striking the remaining provisions of title
VIII.
(b) SECTION 311(c).—Effective October 1, 1998, sec-
tion 311 of the Rehabilitation Act of 1973 (29 U.S.C. 777a),
as amended by subsection (a) of this subsection, is amend-
ed—
(1) by striking subsection (c); and
(2) by redesignating subsections (d) through (h)
as subsections (c) through (g), respectively.
(c) CONFORMING AMENDMENTS.—Effective October 1,
1995, the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)
is amended in the table of contents in the first section—
(1) by striking the items relating to sections 303,
304, 312, and 316;
(2) by striking the items relating to sections 801
through 803 of title VIII; and
(3) by striking the item relating to the title des-
ignation and heading for title VIII.