H. R. 1385—291
‘‘(2) NON-FEDERAL SHARE.—The non-Federal share of the
cost of any project that receives assistance through an allotment
under this part may be provided in cash or in kind, fairly
evaluated, including plant, equipment, or services.
‘‘SEC. 713. AUTHORIZED USES OF FUNDS.
‘‘The State may use funds received under this part to provide
the resources described in section 705(e), relating to the Statewide
Independent Living Council, and may use funds received under
this part—
‘‘(1) to provide independent living services to individuals
with significant disabilities;
‘‘(2) to demonstrate ways to expand and improve independ-
ent living services;
‘‘(3) to support the operation of centers for independent
living that are in compliance with the standards and assurances
set forth in subsections (b) and (c) of section 725;
‘‘(4) to support activities to increase the capacities of public
or nonprofit agencies and organizations and other entities to
develop comprehensive approaches or systems for providing
independent living services;
‘‘(5) to conduct studies and analyses, gather information,
develop model policies and procedures, and present information,
approaches, strategies, findings, conclusions, and recommenda-
tions to Federal, State, and local policymakers in order to
enhance independent living services for individuals with disabil-
ities;
‘‘(6) to train individuals with disabilities and individuals
providing services to individuals with disabilities and other
persons regarding the independent living philosophy; and
‘‘(7) to provide outreach to populations that are unserved
or underserved by programs under this title, including minority
groups and urban and rural populations.
‘‘SEC. 714. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out this
part such sums as may be necessary for each of the fiscal years
1999 through 2003.
‘‘PART C—CENTERS FOR INDEPENDENT
LIVING
‘‘SEC. 721. PROGRAM AUTHORIZATION.
‘‘(a) IN GENERAL.—From the funds appropriated for fiscal year
1999 and for each subsequent fiscal year to carry out this part,
the Commissioner shall allot such sums as may be necessary to
States and other entities in accordance with subsections (b) through
(d).
‘‘(b) TRAINING.—
‘‘(1) GRANTS; CONTRACTS; OTHER ARRANGEMENTS.—For any
fiscal year in which the funds appropriated to carry out this
part exceed the funds appropriated to carry out this part for
fiscal year 1993, the Commissioner shall first reserve from
such excess, to provide training and technical assistance to
eligible agencies, centers for independent living, and Statewide
Independent Living Councils for such fiscal year, not less than
H. R. 1385—292
1.8 percent, and not more than 2 percent, of the funds appro-
priated to carry out this part for the fiscal year involved.
‘‘(2) ALLOCATION.—From the funds reserved under para-
graph (1), the Commissioner shall make grants to, and enter
into contracts and other arrangements with, entities that have
experience in the operation of centers for independent living
to provide such training and technical assistance with respect
to 
planning, 
developing, 
conducting, 
administering, 
and
evaluating centers for independent living.
‘‘(3) FUNDING PRIORITIES.—The Commissioner shall conduct
a survey of Statewide Independent Living Councils and centers
for independent living regarding training and technical assist-
ance needs in order to determine funding priorities for such
grants, contracts, and other arrangements.
‘‘(4) REVIEW.—To be eligible to receive a grant or enter
into a contract or other arrangement under this subsection,
such an entity shall submit an application to the Commissioner
at such time, in such manner, and containing a proposal to
provide such training and technical assistance, and containing
such additional information as the Commissioner may require.
The Commissioner shall provide for peer review of grant
applications by panels that include persons who are not govern-
ment employees and who have experience in the operation
of centers for independent living.
‘‘(5) PROHIBITION ON COMBINED FUNDS.—No funds reserved
by the Commissioner under this subsection may be combined
with funds appropriated under any other Act or part of this
Act if the purpose of combining funds is to make a single
discretionary grant or a single discretionary payment, unless
such funds appropriated under this chapter are separately
identified in such grant or payment and are used for the pur-
poses of this chapter.
‘‘(c) IN GENERAL.—
‘‘(1) STATES.—
‘‘(A) POPULATION BASIS.—After the reservation required
by subsection (b) has been made, and except as provided
in subparagraphs (B) and (C), from the remainder of the
amounts appropriated for each such 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
remainder 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 financial assistance received by centers for
independent living in the State for fiscal year 1992 under
part B 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), for a fiscal year in which the amounts
appropriated to carry out this part exceed the amounts
appropriated for fiscal year 1992 to carry out part B of
H. R. 1385—293
this title, as in effect on the day before the date of enact-
ment of the Rehabilitation Act Amendments of 1992—
‘‘(i) if such excess is not less than $8,000,000,
the allotment to any State under subparagraph (A)
shall be not less than $450,000 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 $450,000 or 1⁄3 of
1 percent of such sums shall be increased to the greater
of the 2 amounts;
‘‘(ii) if such excess is not less than $4,000,000
and is less than $8,000,000, the allotment to any State
under subparagraph (A) shall be not less than $400,000
or 1⁄3 of 1 percent of the sums made available for
the fiscal year for which the allotment is made, which-
ever is greater, and the allotment of any State under
this section for any fiscal year that is less than
$400,000 or 1⁄3 of 1 percent of such sums shall be
increased to the greater of the 2 amounts; and
‘‘(iii) if such excess is less than $4,000,000, the
allotment to any State under subparagraph (A) shall
approach, as nearly as possible, the greater of the
2 amounts described in clause (ii).
‘‘(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 remainder 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.
‘‘(4) PROPORTIONAL REDUCTION.—To provide allotments to
States in accordance with paragraph (1)(B), to provide minimum
allotments to States (as increased under paragraph (3)) under
paragraph (1)(C), or to provide minimum allotments to States
under paragraph (2)(B), the Commissioner shall proportionately
reduce the allotments of the remaining States under paragraph
(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 paragraph (1)(B).
‘‘(d) 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
H. R. 1385—294
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. 722. GRANTS TO CENTERS FOR INDEPENDENT LIVING IN STATES
IN WHICH FEDERAL FUNDING EXCEEDS STATE FUNDING.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—Unless the director of a designated State
unit awards grants under section 723 to eligible agencies in
a State for a fiscal year, the Commissioner shall award grants
under this section to such eligible agencies for such fiscal
year from the amount of funds allotted to the State under
subsection (c) or (d) of section 721 for such year.
‘‘(2) GRANTS.—The Commissioner shall award such grants,
from the amount of funds so allotted, to such eligible agencies
for the planning, conduct, administration, and evaluation of
centers for independent living that comply with the standards
and assurances set forth in section 725.
‘‘(b) ELIGIBLE AGENCIES.—In any State in which the Commis-
sioner has approved the State plan required by section 704, the
Commissioner may make a grant under this section to any eligible
agency that—
‘‘(1) has the power and authority to carry out the purpose
of this part and perform the functions set forth in section
725 within a community and to receive and administer funds
under this part, funds and contributions from private or public
sources that may be used in support of a center for independent
living, and funds from other public and private programs;
‘‘(2) is determined by the Commissioner to be able to plan,
conduct, administer, and evaluate a center for independent
living consistent with the standards and assurances set forth
in section 725; and
‘‘(3) submits an application to the Commissioner at such
time, in such manner, and containing such information as
the Commissioner may require.
‘‘(c) EXISTING ELIGIBLE AGENCIES.—In the administration of
the provisions of this section, the Commissioner shall award grants
to any eligible agency that has been awarded a grant under this
part by September 30, 1997, unless the Commissioner makes a
finding that the agency involved fails to meet program and fiscal
standards and assurances set forth in section 725.
‘‘(d) NEW CENTERS FOR INDEPENDENT LIVING.—
‘‘(1) IN GENERAL.—If there is no center for independent
living serving a region of the State or a region is underserved,
and the increase in the allotment of the State is sufficient
to support an additional center for independent living in the
State, the Commissioner may award a grant under this section
to the most qualified applicant proposing to serve such region,
consistent with the provisions in the State plan setting forth
the design of the State for establishing a statewide network
of centers for independent living.
‘‘(2) SELECTION.—In selecting from among applicants for
a grant under this section for a new center for independent
living, the Commissioner—
H. R. 1385—295
‘‘(A) shall consider comments regarding the application,
if any, by the Statewide Independent Living Council in
the State in which the applicant is located;
‘‘(B) shall consider the ability of each such applicant
to operate a center for independent living based on—
‘‘(i) evidence of the need for such a center;
‘‘(ii) any past performance of such applicant in
providing services comparable to independent living
services;
‘‘(iii) the plan for satisfying or demonstrated suc-
cess in satisfying the standards and the assurances
set forth in section 725;
‘‘(iv) the quality of key personnel and the involve-
ment of individuals with significant disabilities;
‘‘(v) budgets and cost-effectiveness;
‘‘(vi) an evaluation plan; and
‘‘(vii) the ability of such applicant to carry out
the plans; and
‘‘(C) shall give priority to applications from applicants
proposing to serve geographic areas within each State that
are currently unserved or underserved by independent liv-
ing programs, consistent with the provisions of the State
plan submitted under section 704 regarding establishment
of a statewide network of centers for independent living.
‘‘(3) CURRENT CENTERS.—Notwithstanding paragraphs (1)
and (2), a center for independent living that receives assistance
under part B for a fiscal year shall be eligible for a grant
for the subsequent fiscal year under this subsection.
‘‘(e) ORDER OF PRIORITIES.—The Commissioner shall be guided
by the following order of priorities in allocating funds among centers
for independent living within a State, to the extent funds are
available:
‘‘(1) The Commissioner shall support existing centers for
independent living, as described in subsection (c), that comply
with the standards and assurances set forth in section 725,
at the level of funding for the previous year.
‘‘(2) The Commissioner shall provide for a cost-of-living
increase for such existing centers for independent living.
‘‘(3) The Commissioner shall fund new centers for independ-
ent living, as described in subsection (d), that comply with
the standards and assurances set forth in section 725.
‘‘(f ) NONRESIDENTIAL AGENCIES.—A center that provides or
manages residential housing after October 1, 1994, shall not be
considered to be an eligible agency under this section.
‘‘(g) REVIEW.—
‘‘(1) IN
GENERAL.—The Commissioner shall periodically
review each center receiving funds under this section to deter-
mine whether such center is in compliance with the standards
and assurances set forth in section 725. If the Commissioner
determines that any center receiving funds under this section
is not in compliance with the standards and assurances set
forth in section 725, the Commissioner shall immediately notify
such center that it is out of compliance.
‘‘(2) ENFORCEMENT.—The Commissioner shall terminate all
funds under this section to such center 90 days after the
date of such notification unless the center submits a plan
H. R. 1385—296
to achieve compliance within 90 days of such notification and
such plan is approved by the Commissioner.
‘‘SEC. 723. GRANTS TO CENTERS FOR INDEPENDENT LIVING IN STATES
IN WHICH STATE FUNDING EQUALS OR EXCEEDS FED-
ERAL FUNDING.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—
‘‘(A) INITIAL YEAR.—
‘‘(i) DETERMINATION.—The director of a designated
State unit, as provided in paragraph (2), or the
Commissioner, as provided in paragraph (3), shall
award grants under this section for an initial fiscal
year if the Commissioner determines that the amount
of State funds that were earmarked by a State for
a preceding fiscal year to support the general operation
of centers for independent living meeting the require-
ments of this part equaled or exceeded the amount
of funds allotted to the State under subsection (c) or
(d) of section 721 for such year.
‘‘(ii) GRANTS.—The director or the Commissioner,
as appropriate, shall award such grants, from the
amount of funds so allotted for the initial fiscal year,
to eligible agencies in the State for the planning, con-
duct, administration, and evaluation of centers for
independent living that comply with the standards and
assurances set forth in section 725.
‘‘(iii) REGULATION.—The Commissioner shall by
regulation specify the preceding fiscal year with respect
to which the Commissioner will make the determina-
tions described in clause (i) and subparagraph (B),
making such adjustments as may be necessary to
accommodate State funding cycles such as 2-year fund-
ing cycles or State fiscal years that do not coincide
with the Federal fiscal year.
‘‘(B) SUBSEQUENT YEARS.—For each year subsequent
to the initial fiscal year described in subparagraph (A),
the director of the designated State unit shall continue
to have the authority to award such grants under this
section if the Commissioner determines that the State
continues to earmark the amount of State funds described
in subparagraph (A)(i). If the State does not continue to
earmark such an amount for a fiscal year, the State shall
be ineligible to make grants under this section after a
final year following such fiscal year, as defined in accord-
ance with regulations established by the Commissioner,
and for each subsequent fiscal year.
‘‘(2) GRANTS
BY
DESIGNATED
STATE
UNITS.—In order for
the designated State unit to be eligible to award the grants
described in paragraph (1) and carry out this section for a
fiscal year with respect to a State, the designated State agency
shall submit an application to the Commissioner at such time,
and in such manner as the Commissioner may require, includ-
ing information about the amount of State funds described
in paragraph (1) for the preceding fiscal year. If the Commis-
sioner makes a determination described in subparagraph (A)(i)
or (B), as appropriate, of paragraph (1), the Commissioner
H. R. 1385—297
shall approve the application and designate the director of
the designated State unit to award the grant and carry out
this section.
‘‘(3) GRANTS BY COMMISSIONER.—If the designated State
agency of a State described in paragraph (1) does not submit
and obtain approval of an application under paragraph (2),
the Commissioner shall award the grant described in paragraph
(1) to eligible agencies in the State in accordance with section
722.
‘‘(b) ELIGIBLE AGENCIES.—In any State in which the Commis-
sioner has approved the State plan required by section 704, the
director of the designated State unit may award a grant under
this section to any eligible agency that—
‘‘(1) has the power and authority to carry out the purpose
of this part and perform the functions set forth in section
725 within a community and to receive and administer funds
under this part, funds and contributions from private or public
sources that may be used in support of a center for independent
living, and funds from other public and private programs;
‘‘(2) is determined by the director to be able to plan, con-
duct, administer, and evaluate a center for independent living,
consistent with the standards and assurances set forth in sec-
tion 725; and
‘‘(3) submits an application to the director at such time,
in such manner, and containing such information as the head
of the designated State unit may require.
‘‘(c) EXISTING ELIGIBLE AGENCIES.—In the administration of
the provisions of this section, the director of the designated State
unit shall award grants under this section to any eligible agency
that has been awarded a grant under this part by September
30, 1997, unless the director makes a finding that the agency
involved fails to comply with the standards and assurances set
forth in section 725.
‘‘(d) NEW CENTERS FOR INDEPENDENT LIVING.—
‘‘(1) IN GENERAL.—If there is no center for independent
living serving a region of the State or the region is unserved
or underserved, and the increase in the allotment of the State
is sufficient to support an additional center for independent
living in the State, the director of the designated State unit
may award a grant under this section from among eligible
agencies, consistent with the provisions of the State plan under
section 704 setting forth the design of the State for establishing
a statewide network of centers for independent living.
‘‘(2) SELECTION.—In selecting from among eligible agencies
in awarding a grant under this part for a new center for
independent living—
‘‘(A) the director of the designated State unit and the
chairperson of, or other individual designated by, the State-
wide Independent Living Council acting on behalf of and
at the direction of the Council, shall jointly appoint a
peer review committee that shall rank applications in
accordance with the standards and assurances set forth
in section 725 and criteria jointly established by such direc-
tor and such chairperson or individual;
H. R. 1385—298
‘‘(B) the peer review committee shall consider the abil-
ity of each such applicant to operate a center for independ-
ent living, and shall recommend an applicant to receive
a grant under this section, based on—
‘‘(i) evidence of the need for a center for independ-
ent living, consistent with the State plan;
‘‘(ii) any past performance of such applicant in
providing services comparable to independent living
services;
‘‘(iii) the plan for complying with, or demonstrated
success in complying with, the standards and the
assurances set forth in section 725;
‘‘(iv) the quality of key personnel of the applicant
and the involvement of individuals with significant
disabilities by the applicant;
‘‘(v) the budgets and cost-effectiveness of the
applicant;
‘‘(vi) the evaluation plan of the applicant; and
‘‘(vii) the ability of such applicant to carry out
the plans; and
‘‘(C) the director of the designated State unit shall
award the grant on the basis of the recommendations of
the peer review committee if the actions of the committee
are consistent with Federal and State law.
‘‘(3) CURRENT CENTERS.—Notwithstanding paragraphs (1)
and (2), a center for independent living that receives assistance
under part B for a fiscal year shall be eligible for a grant
for the subsequent fiscal year under this subsection.
‘‘(e) ORDER
OF PRIORITIES.—Unless the director of the des-
ignated State unit and the chairperson of the Council or other
individual designated by the Council acting on behalf of and at
the direction of the Council jointly agree on another order of priority,
the director shall be guided by the following order of priorities
in allocating funds among centers for independent living within
a State, to the extent funds are available:
‘‘(1) The director of the designated State unit shall support
existing centers for independent living, as described in sub-
section (c), that comply with the standards and assurances
set forth in section 725, at the level of funding for the previous
year.
‘‘(2) The director of the designated State unit shall provide
for a cost-of-living increase for such existing centers for
independent living.
‘‘(3) The director of the designated State unit shall fund
new centers for independent living, as described in subsection
(d), that comply with the standards and assurances set forth
in section 725.
‘‘(f ) NONRESIDENTIAL AGENCIES.—A center that provides or
manages residential housing after October 1, 1994, shall not be
considered to be an eligible agency under this section.
‘‘(g) REVIEW.—
‘‘(1) IN
GENERAL.—The director of the designated State
unit shall periodically review each center receiving funds under
this section to determine whether such center is in compliance
with the standards and assurances set forth in section 725.
If the director of the designated State unit determines that
H. R. 1385—299
any center receiving funds under this section is not in compli-
ance with the standards and assurances set forth in section
725, the director of the designated State unit shall immediately
notify such center that it is out of compliance.
‘‘(2) ENFORCEMENT.—The director of the designated State
unit shall terminate all funds under this section to such center
90 days after—
‘‘(A) the date of such notification; or
‘‘(B) in the case of a center that requests an appeal
under subsection (i), the date of any final decision under
subsection (i),
unless the center submits a plan to achieve compliance within
90 days and such plan is approved by the director, or if
appealed, by the Commissioner.
‘‘(h) ONSITE COMPLIANCE REVIEW.—The director of the des-
ignated State unit shall annually conduct onsite compliance reviews
of at least 15 percent of the centers for independent living that
receive funding under this section in the State. Each team that
conducts onsite compliance review of centers for independent living
shall include at least one person who is not an employee of the
designated State agency, who has experience in the operation of
centers for independent living, and who is jointly selected by the
director of the designated State unit and the chairperson of or
other individual designated by the Council acting on behalf of
and at the direction of the Council. A copy of this review shall
be provided to the Commissioner.
‘‘(i) ADVERSE ACTIONS.—If the director of the designated State
unit proposes to take a significant adverse action against a center
for independent living, the center may seek mediation and concilia-
tion to be provided by an individual or individuals who are free
of conflicts of interest identified by the chairperson of or other
individual designated by the Council. If the issue is not resolved
through the mediation and conciliation, the center may appeal
the proposed adverse action to the Commissioner for a final decision.
‘‘SEC. 724. CENTERS OPERATED BY STATE AGENCIES.
‘‘A State that receives assistance for fiscal year 1993 with
respect to a center in accordance with subsection (a) of this section
(as in effect on the day before the date of enactment of the
Rehabilitation Act Amendments of 1998) may continue to receive
assistance under this part for fiscal year 1994 or a succeeding
fiscal year if, for such fiscal year—
‘‘(1) no nonprofit private agency—
‘‘(A) submits an acceptable application to operate a
center for independent living for the fiscal year before
a date specified by the Commissioner; and
‘‘(B) obtains approval of the application under section
722 or 723; or
‘‘(2) after funding all applications so submitted and
approved, the Commissioner determines that funds remain
available to provide such assistance.
‘‘SEC. 
725. 
STANDARDS 
AND 
ASSURANCES 
FOR 
CENTERS 
FOR
INDEPENDENT LIVING.
‘‘(a) IN GENERAL.—Each center for independent living that
receives assistance under this part shall comply with the standards
set out in subsection (b) and provide and comply with the assurances
set out in subsection (c) in order to ensure that all programs
H. R. 1385—300
and activities under this part are planned, conducted, administered,
and evaluated in a manner consistent with the purposes of this
chapter and the objective of providing assistance effectively and
efficiently.
‘‘(b) STANDARDS.—
‘‘(1) PHILOSOPHY.—The center shall promote and practice
the independent living philosophy of—
‘‘(A) consumer control of the center regarding decision-
making, service delivery, management, and establishment
of the policy and direction of the center;
‘‘(B) self-help and self-advocacy;
‘‘(C) development of peer relationships and peer role
models; and
‘‘(D) equal access of individuals with significant disabil-
ities to society and to all services, programs, activities,
resources, and facilities, whether public or private and
regardless of the funding source.
‘‘(2) PROVISION OF SERVICES.—The center shall provide serv-
ices to individuals with a range of significant disabilities. The
center shall provide services on a cross-disability basis (for
individuals with all different types of significant disabilities,
including individuals with significant disabilities who are mem-
bers of populations that are unserved or underserved by pro-
grams under this title). Eligibility for services at any center
for independent living shall be determined by the center, and
shall not be based on the presence of any one or more specific
significant disabilities.
‘‘(3) INDEPENDENT LIVING GOALS.—The center shall facili-
tate the development and achievement of independent living
goals selected by individuals with significant disabilities who
seek such assistance by the center.
‘‘(4) COMMUNITY
OPTIONS.—The center shall work to
increase the availability and improve the quality of community
options for independent living in order to facilitate the develop-
ment and achievement of independent living goals by individ-
uals with significant disabilities.
‘‘(5) INDEPENDENT LIVING CORE SERVICES.—The center shall
provide independent living core services and, as appropriate,
a combination of any other independent living services.
‘‘(6) ACTIVITIES TO INCREASE COMMUNITY CAPACITY.—The
center shall conduct activities to increase the capacity of
communities within the service area of the center to meet
the needs of individuals with significant disabilities.
‘‘(7) RESOURCE DEVELOPMENT ACTIVITIES.—The center shall
conduct resource development activities to obtain funding from
sources other than this chapter.
‘‘(c) ASSURANCES.—The eligible agency shall provide at such
time and in such manner as the Commissioner may require, such
satisfactory assurances as the Commissioner may require, including
satisfactory assurances that—
‘‘(1) the applicant is an eligible agency;
‘‘(2) the center will be designed and operated within local
communities by individuals with disabilities, including an
assurance that the center will have a Board that is the principal
governing body of the center and a majority of which shall
be composed of individuals with significant disabilities;
H. R. 1385—301
‘‘(3) the applicant will comply with the standards set forth
in subsection (b);
‘‘(4) the applicant will establish clear priorities through
annual and 3-year program and financial planning objectives
for the center, including overall goals or a mission for the
center, a work plan for achieving the goals or mission, specific
objectives, service priorities, and types of services to be pro-
vided, and a description that shall demonstrate how the pro-
posed activities of the applicant are consistent with the most
recent 3-year State plan under section 704;
‘‘(5) the applicant will use sound organizational and person-
nel assignment practices, including taking affirmative action
to employ and advance in employment qualified individuals
with significant disabilities on the same terms and conditions
required with respect to the employment of individuals with
disabilities under section 503;
‘‘(6) the applicant will ensure that the majority of the
staff, and individuals in decisionmaking positions, of the
applicant are individuals with disabilities;
‘‘(7) the applicant will practice sound fiscal management,
including making arrangements for an annual independent fis-
cal audit, notwithstanding section 7502(a)(2)(A) of title 31,
United States Code;
‘‘(8) the applicant will conduct annual self-evaluations, pre-
pare an annual report, and maintain records adequate to meas-
ure performance with respect to the standards, containing
information regarding, at a minimum—
‘‘(A) the extent to which the center is in compliance
with the standards;
‘‘(B) the number and types of individuals with signifi-
cant disabilities receiving services through the center;
‘‘(C) the types of services provided through the center
and the number of individuals with significant disabilities
receiving each type of service;
‘‘(D) the sources and amounts of funding for the oper-
ation of the center;
‘‘(E) the number of individuals with significant disabil-
ities who are employed by, and the number who are in
management and decisionmaking positions in, the center;
and
‘‘(F) a comparison, when appropriate, of the activities
of the center in prior years with the activities of the center
in the most recent year;
‘‘(9) individuals with significant disabilities who are seeking
or receiving services at the center will be notified by the center
of the existence of, the availability of, and how to contact,
the client assistance program;
‘‘(10) aggressive outreach regarding services provided
through the center will be conducted in an effort to reach
populations of individuals with significant disabilities that are
unserved or underserved by programs under this title, espe-
cially minority groups and urban and rural populations;
‘‘(11) staff at centers for independent living will receive
training on how to serve such unserved and underserved popu-
lations, including minority groups and urban and rural popu-
lations;
H. R. 1385—302
‘‘(12) the center will submit to the Statewide Independent
Living Council a copy of its approved grant application and
the annual report required under paragraph (8);
‘‘(13) the center will prepare and submit a report to the
designated State unit or the Commissioner, as the case may
be, at the end of each fiscal year that contains the information
described in paragraph (8) and information regarding the extent
to which the center is in compliance with the standards set
forth in subsection (b); and
‘‘(14) an independent living plan described in section 704(e)
will be developed unless the individual who would receive serv-
ices under the plan signs a waiver stating that such a plan
is unnecessary.
‘‘SEC. 726. DEFINITIONS.
‘‘As used in this part, the term ‘eligible agency’ means a con-
sumer-controlled, community-based, cross-disability, nonresidential
private nonprofit agency.
‘‘SEC. 727. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out this
part such sums as may be necessary for each of the fiscal years
1999 through 2003.
‘‘CHAPTER 2—INDEPENDENT LIVING SERVICES FOR
OLDER INDIVIDUALS WHO ARE BLIND
‘‘SEC. 751. DEFINITION.
‘‘For purposes of this chapter, the term ‘older individual who
is blind’ means an individual age 55 or older whose significant
visual impairment makes competitive employment extremely dif-
ficult to attain but for whom independent living goals are feasible.
‘‘SEC. 752. PROGRAM OF GRANTS.
‘‘(a) IN GENERAL.—
‘‘(1) AUTHORITY FOR GRANTS.—Subject to subsections (b)
and (c), the Commissioner may make grants to States for the
purpose of providing the services described in subsection (d)
to older individuals who are blind.
‘‘(2) DESIGNATED STATE AGENCY.—The Commissioner may
not make a grant under subsection (a) unless the State involved
agrees that the grant will be administered solely by the agency
described in section 101(a)(2)(A)(i).
‘‘(b) CONTINGENT COMPETITIVE GRANTS.—Beginning with fiscal
year 1993, in the case of any fiscal year for which the amount
appropriated under section 753 is less than $13,000,000, grants
made under subsection (a) shall be—
‘‘(1) discretionary grants made on a competitive basis to
States; or
‘‘(2) grants made on a noncompetitive basis to pay for
the continuation costs of activities for which a grant was
awarded—
‘‘(A) under this chapter; or
‘‘(B) under part C, as in effect on the day before the
date of enactment of the Rehabilitation Act Amendments
of 1992.
‘‘(c) CONTINGENT FORMULA GRANTS.—
H. R. 1385—303
‘‘(1) IN GENERAL.—In the case of any fiscal year for which
the amount appropriated under section 753 is equal to or
greater than $13,000,000, grants under subsection (a) shall
be made only to States and shall be made only from allotments
under paragraph (2).
‘‘(2) ALLOTMENTS.—For grants under subsection (a) for a
fiscal year described in paragraph (1), the Commissioner shall
make an allotment to each State in an amount determined
in accordance with subsection ( j), and shall make a grant
to the State of the allotment made for the State if the State
submits to the Commissioner an application in accordance with
subsection (i).
‘‘(d) SERVICES GENERALLY.—The Commissioner may not make
a grant under subsection (a) unless the State involved agrees that
the grant will be expended only for purposes of—
‘‘(1) providing independent living services to older individ-
uals who are blind;
‘‘(2) conducting activities that will improve or expand
services for such individuals; and
‘‘(3) conducting activities to help improve public under-
standing of the problems of such individuals.
‘‘(e) 
INDEPENDENT
LIVING
SERVICES.—Independent 
living
services for purposes of subsection (d)(1) include—
‘‘(1) services to help correct blindness, such as—
‘‘(A) outreach services;
‘‘(B) visual screening;
‘‘(C) surgical or therapeutic treatment to prevent,
correct, or modify disabling eye conditions; and
‘‘(D) hospitalization related to such services;
‘‘(2) the provision of eyeglasses and other visual aids;
‘‘(3) the provision of services and equipment to assist an
older individual who is blind to become more mobile and more
self-sufficient;
‘‘(4) mobility training, braille instruction, and other services
and equipment to help an older individual who is blind adjust
to blindness;
‘‘(5) guide services, reader services, and transportation;
‘‘(6) any other appropriate service designed to assist an
older individual who is blind in coping with daily living activi-
ties, including supportive services and rehabilitation teaching
services;
‘‘(7) independent living skills training, information and
referral services, peer counseling, and individual advocacy
training; and
‘‘(8) other independent living services.
‘‘(f ) MATCHING FUNDS.—
‘‘(1) IN GENERAL.—The Commissioner may not make a grant
under subsection (a) unless the State involved agrees, with
respect to the costs of the program to be carried out by the
State pursuant to such subsection, to make available (directly
or through donations from public or private entities) non-Fed-
eral contributions toward such costs in an amount that is
not less than $1 for each $9 of Federal funds provided in
the grant.
‘‘(2) DETERMINATION OF AMOUNT CONTRIBUTED.—Non-Fed-
eral contributions required in paragraph (1) may be in cash
or in kind, fairly evaluated, including plant, equipment, or
H. R. 1385—304
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining
the amount of such non-Federal contributions.
‘‘(g) CERTAIN EXPENDITURES OF GRANTS.—A State may expend
a grant under subsection (a) to carry out the purposes specified
in subsection (d) through grants to public and nonprofit private
agencies or organizations.
‘‘(h) REQUIREMENT REGARDING STATE PLAN.—The Commis-
sioner may not make a grant under subsection (a) unless the
State involved agrees that, in carrying out subsection (d)(1), the
State will seek to incorporate into the State plan under section
704 any new methods and approaches relating to independent living
services for older individuals who are blind.
‘‘(i) APPLICATION FOR GRANT.—
‘‘(1) IN GENERAL.—The Commissioner may not make a grant
under subsection (a) unless an application for the grant is
submitted to the Commissioner and the application is in such
form, is made in such manner, and contains such agreements,
assurances, and information as the Commissioner determines
to be necessary to carry out this section (including agreements,
assurances, and information with respect to any grants under
subsection ( j)(4)).
‘‘(2) CONTENTS.—An application for a grant under this sec-
tion shall contain—
‘‘(A) an assurance that the agency described in sub-
section (a)(2) will prepare and submit to the Commissioner
a report, at the end of each fiscal year, with respect to
each project or program the agency operates or administers
under this section, whether directly or through a grant
or contract, which report shall contain, at a minimum,
information on—
‘‘(i) the number and types of older individuals who
are blind and are receiving services;
‘‘(ii) the types of services provided and the number
of older individuals who are blind and are receiving
each type of service;
‘‘(iii) the sources and amounts of funding for the
operation of each project or program;
‘‘(iv) the amounts and percentages of resources
committed to each type of service provided;
‘‘(v) data on actions taken to employ, and advance
in employment, qualified individuals with significant
disabilities, including older individuals who are blind;
and
‘‘(vi) a comparison, if appropriate, of prior year
activities with the activities of the most recent year;
‘‘(B) an assurance that the agency will—
‘‘(i) provide services that contribute to the mainte-
nance of, or the increased independence of, older
individuals who are blind; and
‘‘(ii) engage in—
‘‘(I) 
capacity-building 
activities, 
including
collaboration with other agencies and organiza-
tions;
‘‘(II) activities to promote community aware-
ness, involvement, and assistance; and
H. R. 1385—305
‘‘(III) outreach efforts; and
‘‘(C) an assurance that the application is consistent
with the State plan for providing independent living serv-
ices required by section 704.
‘‘( j) AMOUNT OF FORMULA GRANT.—
‘‘(1) IN GENERAL.—Subject to the availability of appropria-
tions, the amount of an allotment under subsection (a) for
a State for a fiscal year shall be the greater of—
‘‘(A) the amount determined under paragraph (2); or
‘‘(B) the amount determined under paragraph (3).
‘‘(2) MINIMUM ALLOTMENT.—
‘‘(A) STATES.—In the case of the several States, the
District of Columbia, and the Commonwealth of Puerto
Rico, the amount referred to in subparagraph (A) of para-
graph (1) for a fiscal year is the greater of—
‘‘(i) $225,000; or
‘‘(ii) an amount equal to 1⁄3 of 1 percent of the
amount appropriated under section 753 for the fiscal
year and available for allotments under subsection (a).
‘‘(B) CERTAIN
TERRITORIES.—In the case of Guam,
American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands, the
amount referred to in subparagraph (A) of paragraph (1)
for a fiscal year is $40,000.
‘‘(3) FORMULA.—The amount referred to in subparagraph
(B) of paragraph (1) for a State for a fiscal year is the product
of—
‘‘(A) the amount appropriated under section 753 and
available for allotments under subsection (a); and
‘‘(B) a percentage equal to the quotient of—
‘‘(i) an amount equal to the number of individuals
residing in the State who are not less than 55 years
of age; divided by
‘‘(ii) an amount equal to the number of individuals
residing in the United States who are not less than
55 years of age.
‘‘(4) DISPOSITION OF CERTAIN AMOUNTS.—
‘‘(A) GRANTS.—From the amounts specified in subpara-
graph (B), the Commissioner may make grants to States
whose population of older individuals who are blind has
a substantial need for the services specified in subsection
(d) relative to the populations in other States of older
individuals who are blind.
‘‘(B) AMOUNTS.—The amounts referred to in subpara-
graph (A) are any amounts that are not paid to States
under subsection (a) as a result of—
‘‘(i) the failure of any State to submit an applica-
tion under subsection (i);
‘‘(ii) the failure of any State to prepare within
a reasonable period of time such application in compli-
ance with such subsection; or
‘‘(iii) any State informing the Commissioner that
the State does not intend to expend the full amount
of the allotment made for the State under subsection
(a).
‘‘(C) CONDITIONS.—The Commissioner may not make
a grant under subparagraph (A) unless the State involved
H. R. 1385—306
agrees that the grant is subject to the same conditions
as grants made under subsection (a).
‘‘SEC. 753. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out this
chapter such sums as may be necessary for each of the fiscal
years 1999 through 2003.’’.
SEC. 411. REPEAL.
Title VIII of the Rehabilitation Act of 1973 (29 U.S.C. 797
et seq.) is repealed.
SEC. 412. HELEN KELLER NATIONAL CENTER ACT.
(a) GENERAL AUTHORIZATION
OF APPROPRIATIONS.—The first
sentence of section 205(a) of the Helen Keller National Center
Act (29 U.S.C. 1904(a)) is amended by striking ‘‘1993 through 1997’’
and inserting ‘‘1999 through 2003’’.
(b) HELEN KELLER NATIONAL CENTER FEDERAL ENDOWMENT
FUND.—The first sentence of section 208(h) of such Act (29 U.S.C.
1907(h)) is amended by striking ‘‘1993 through 1997’’ and inserting
‘‘1999 through 2003’’.
(c) REGISTRY.—Such Act (29 U.S.C. 1901 et seq.) is amended
by adding at the end the following:
‘‘SEC. 209. REGISTRY.
‘‘(a) IN GENERAL.—To assist the Center in providing services
to individuals who are deaf-blind, the Center may establish and
maintain registries of such individuals in each of the regional
field offices of the network of the Center.
‘‘(b) VOLUNTARY PROVISION
OF INFORMATION.—No individual
who is deaf-blind may be required to provide information to the
Center for any purpose with respect to a registry established under
subsection (a).
‘‘(c) NONDISCLOSURE.—The Center (including the network of
the Center) may not disclose information contained in a registry
established under subsection (a) to any individual or organization
that is not affiliated with the Center, unless the individual to
whom the information relates provides specific written authoriza-
tion for the Center to disclose the information.
‘‘(d) PRIVACY RIGHTS.—The requirements of section 552a of
title 5, United States Code (commonly known as the ‘Privacy Act
of 1974’) shall apply to personally identifiable information contained
in the registries established by the Center under subsection (a),
in the same manner and to the same extent as such requirements
apply to a record of an agency.
‘‘(e) REMOVAL OF INFORMATION.—On the request of an individ-
ual, the Center shall remove all information relating to the individ-
ual from any registry established under subsection (a).’’.
SEC. 413. PRESIDENT’S COMMITTEE ON EMPLOYMENT OF PEOPLE
WITH DISABILITIES.
Section 2(2) of the joint resolution approved July 11, 1949
(63 Stat. 409, chapter 302; 36 U.S.C. 155b(2)) is amended by insert-
ing ‘‘solicit,’’ before ‘‘accept,’’.
SEC. 414. CONFORMING AMENDMENTS.
(a) RANDOLPH-SHEPPARD ACT.—Section 2(e) of the Act of June
20, 1936 (commonly known as the ‘‘Randolph-Sheppard Act’’) (49
H. R. 1385—307
Stat. 1559, chapter 638; 20 U.S.C. 107a(e)) is amended by striking
‘‘section 101(a)(1)(A)’’ and inserting ‘‘section 101(a)(2)(A)’’.
(b) TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH
DISABILITIES ACT OF 1988.—
(1) Section 101(b) of the Technology-Related Assistance
for Individuals With Disabilities Act of 1988 (29 U.S.C. 2211(b))
is amended—
(A) in paragraph (7)(A)(ii)(II), by striking ‘‘individual-
ized written rehabilitation program’’ and inserting ‘‘individ-
ualized plan for employment’’; and
(B) in paragraph (9)(B), by striking ‘‘(as defined in
section 7(25) of such Act (29 U.S.C. 706(25)))’’ and inserting
‘‘(as defined in section 7 of such Act)’’.
(2) 
Section 
102(e)(23)(A) 
of 
such 
Act 
(29 
U.S.C.
2212(e)(23)(A)) is amended by striking ‘‘the assurance provided
by the State in accordance with section 101(a)(36) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)(36))’’ and inserting
‘‘the portion of the State plan provided by the State in accord-
ance with section 101(a)(21) of the Rehabilitation Act of 1973’’.
(c) TITLE 38, UNITED STATES CODE.—Sections 3904(b) and
7303(b) of title 38, United States Code, are amended by striking
‘‘section 204(b)(2) of the Rehabilitation Act of 1973 (29 U.S.C.
762(b)(2)) (relating to the establishment and support of Rehabilita-
tion Engineering Research Centers)’’ and inserting ‘‘section 204(b)(3)
of the Rehabilitation Act of 1973 (relating to the establishment
and support of Rehabilitation Engineering Research Centers)’’.
(d) NATIONAL SCHOOL LUNCH ACT.—Section 27(a)(1)(B) of the
National School Lunch Act (42 U.S.C. 1769h(a)(1)(B)) is amended
by striking ‘‘section 7(8) of the Rehabilitation Act of 1973 (29
U.S.C. 706(8))’’ and inserting ‘‘section 7 of the Rehabilitation Act
of 1973’’.
(e) DOMESTIC VOLUNTEER SERVICE ACT
OF 1973.—Section
421(11) of the Domestic Volunteer Service Act of 1973 (42 U.S.C.
5061(11)) is amended by striking ‘‘section 7(8)(B) of the Rehabilita-
tion Act of 1973 (29 U.S.C. 706(8)(B))’’ and inserting ‘‘section
7(20)(B) of the Rehabilitation Act of 1973’’.
(f ) ENERGY CONSERVATION
AND PRODUCTION ACT.—Section
412(5) of the Energy Conservation and Production Act (42 U.S.C.
6862(5)) is amended by striking ‘‘a handicapped individual as
defined in section 7(7) of the Rehabilitation Act of 1973’’ and insert-
ing ‘‘an individual with a disability, as defined in section 7 of
the Rehabilitation Act of 1973’’.
(g) NATIONAL AND COMMUNITY SERVICE ACT OF 1990.—Section
101(12) of the National and Community Service Act of 1990 (42
U.S.C. 12511(12)) is amended by striking ‘‘section 7(8)(B) of the
Rehabilitation Act of 1973 (29 U.S.C. 706(8)(B))’’ and inserting
‘‘section 7(20)(B) of the Rehabilitation Act of 1973’’.
TITLE V—GENERAL PROVISIONS
SEC. 501. STATE UNIFIED PLAN.
(a) DEFINITION OF APPROPRIATE SECRETARY.—In this section,
the term ‘‘appropriate Secretary’’ means the head of the Federal
agency who exercises administrative authority over an activity or
program described in subsection (b).
(b) STATE UNIFIED PLAN.—
H. R. 1385—308
(1) IN GENERAL.—A State may develop and submit to the
appropriate Secretaries a State unified plan for 2 or more
of the activities or programs set forth in paragraph (2), except
that the State may include in the plan the activities described
in paragraph (2)(A) only with the prior approval of the legisla-
ture of the State. The State unified plan shall cover one or
more of the activities set forth in subparagraphs (A) through
(D) of paragraph (2) and may cover one or more of the activities
set forth in subparagraphs (E) through (O) of paragraph (2).
(2) ACTIVITIES.—The activities and programs referred to
in paragraph (1) are as follows:
(A) Secondary vocational education programs author-
ized under the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.).
(B) Postsecondary vocational education programs
authorized under the Carl D. Perkins Vocational and
Applied Technology Education Act (20 U.S.C. 2301 et seq.).
(C) Activities authorized under title I.
(D) Activities authorized under title II.
(E) Programs authorized under section 6(d) of the Food
Stamp Act of 1977 (7 U.S.C. 2015(d)).
(F) Work programs authorized under section 6(o) of
the Food Stamp Act of 1977 (7 U.S.C. 2015(o)).
(G) Activities authorized under chapter 2 of title II
of the Trade Act of 1974 (19 U.S.C. 2271 et seq.).
(H) Programs authorized under the Wagner-Peyser Act
(29 U.S.C. 49 et seq.).
(I) Programs authorized under title I of the Rehabilita-
tion Act of 1973 (29 U.S.C. 720 et seq.), other than section
112 of such Act (29 U.S.C. 732).
(J) Activities authorized under chapter 41 of title 38,
United States Code.
(K) Programs authorized under State unemployment
compensation laws (in accordance with applicable Federal
law).
(L) Programs authorized under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.).
(M) Programs authorized under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056 et seq.).
(N) Training activities carried out by the Department
of Housing and Urban Development.
(O) Programs authorized under the Community Serv-
ices Block Grant Act (42 U.S.C. 9901 et seq.).
(c) REQUIREMENTS.—
(1) IN GENERAL.—The portion of a State unified plan cover-
ing an activity or program described in subsection (b) shall
be subject to the requirements, if any, applicable to a plan
or application for assistance under the Federal statute authoriz-
ing the activity or program.
(2) ADDITIONAL SUBMISSION NOT REQUIRED.—A State that
submits a State unified plan covering an activity or program
described in subsection (b) that is approved under subsection
(d) shall not be required to submit any other plan or application
in order to receive Federal funds to carry out the activity
or program.
(3) COORDINATION.—A State unified plan shall include—
H. R. 1385—309
(A) a description of the methods used for joint planning
and coordination of the programs and activities included
in the unified plan; and
(B) an assurance that the methods included an oppor-
tunity for the entities responsible for planning or admin-
istering such programs and activities to review and com-
ment on all portions of the unified plan.
(d) APPROVAL BY THE APPROPRIATE SECRETARIES.—
(1) JURISDICTION.—The appropriate Secretary shall have
the authority to approve the portion of the State unified plan
relating to the activity or program over which the appropriate
Secretary exercises administrative authority. On the approval
of the appropriate Secretary, the portion of the plan relating
to the activity or program shall be implemented by the State
pursuant to the applicable portion of the State unified plan.
(2) APPROVAL.—
(A) IN GENERAL.—A portion of the State unified plan
covering an activity or program described in subsection
(b) that is submitted to the appropriate Secretary under
this section shall be considered to be approved by the
appropriate Secretary at the end of the 90-day period begin-
ning on the day the appropriate Secretary receives the
portion, unless the appropriate Secretary makes a written
determination, during the 90-day period, that the portion
is not consistent with the requirements of the Federal
statute authorizing the activity or program including the
criteria for approval of a plan or application, if any, under
such statute or the plan is not consistent with the require-
ments of subsection (c)(3).
(B) SPECIAL RULE.—In subparagraph (A), the term ‘‘cri-
teria for approval of a State plan’’, relating to activities
carried out under title I or II or under the Carl D. Perkins
Vocational and Applied Technology Education Act (20
U.S.C. 2301 et seq.), includes a requirement for agreement
between the State and the appropriate Secretary regarding
State performance measures, including levels of perform-
ance.
SEC. 502. DEFINITIONS FOR INDICATORS OF PERFORMANCE.
(a) IN GENERAL.—In order to ensure nationwide comparability
of performance data, the Secretary of Labor and the Secretary
of Education, after consultation with the representatives described
in subsection (b), shall issue definitions for indicators of performance
and levels of performance established under titles I and II.
(b) REPRESENTATIVES.—The representatives referred to in sub-
section (a) are representatives of States (as defined in section 101)
and political subdivisions, business and industry, employees, eligible
providers of employment and training activities (as defined in sec-
tion 101), educators, participants in activities carried out under
this Act, State Directors of adult education, providers of adult
education, providers of literacy services, individuals with expertise
in serving the employment and training needs of eligible youth
(as defined in section 101), parents, and other interested parties,
with expertise regarding activities authorized under this Act.
SEC. 503. INCENTIVE GRANTS.
(a) IN GENERAL.—Beginning on July 1, 2000, the Secretary
shall award a grant to each State that exceeds the State adjusted
H. R. 1385—310
levels of performance for title I, the expected levels of performance
for title II, and the levels of performance for programs under Public
Law 88–210 (as amended; 20 U.S.C. 2301 et seq.), for the purpose
of carrying out an innovative program consistent with the require-
ments of any one or more of the programs within title I, title
II, or such Public Law, respectively.
(b) APPLICATION.—
(1) IN GENERAL.—The Secretary may provide a grant to
a State under subsection (a) only if the State submits an
application to the Secretary for the grant that meets the
requirements of paragraph (2).
(2) REQUIREMENTS.—The Secretary may review an applica-
tion described in paragraph (1) only to ensure that the applica-
tion contains the following assurances:
(A) The legislature of the State was consulted with
respect to the development of the application.
(B) The application was approved by the Governor,
the eligible agency (as defined in section 203), and the
State agency responsible for programs established under
Public Law 88–210 (as amended; 20 U.S.C. 2301 et seq.).
(C) The State and the eligible agency, as appropriate,
exceeded the State adjusted levels of performance for title
I, the expected levels of performance for title II, and the
levels of performance for programs under Public Law 88–
210 (as amended; 20 U.S.C. 2301 et seq.).
(c) AMOUNT.—
(1) MINIMUM AND MAXIMUM GRANT AMOUNTS.—Subject to
paragraph (2), a grant provided to a State under subsection
(a) shall be awarded in an amount that is not less than $750,000
and not more than $3,000,000.
(2) PROPORTIONATE REDUCTION.—If the amount available
for grants under this section for a fiscal year is insufficient
to award a grant to each State or eligible agency that is
eligible for a grant, the Secretary shall reduce the minimum
and maximum grant amount by a uniform percentage.
SEC. 504. PRIVACY.
(a) SECTION 144 OF
THE GENERAL EDUCATION PROVISIONS
ACT.—Nothing in this Act shall be construed to supersede the
privacy protections afforded parents and students under section
444 of the General Education Provisions Act (20 U.S.C. 1232g),
as added by the Family Educational Rights and Privacy Act of
1974 (section 513 of Public Law 93–380; 88 Stat. 571).
(b) PROHIBITION ON DEVELOPMENT OF NATIONAL DATABASE.—
(1) IN GENERAL.—Nothing in this Act shall be construed
to permit the development of a national database of personally
identifiable information on individuals receiving services under
title I of this Act.
(2) LIMITATION.—Nothing in paragraph (1) shall be con-
strued to prevent the proper administration of national pro-
grams under subtitles C and D of title I of this Act or to
carry out program management activities consistent with title
I of this Act.
SEC. 505. BUY-AMERICAN REQUIREMENTS.
(a) COMPLIANCE WITH BUY AMERICAN ACT.—None of the funds
made available in this Act may be expended by an entity unless
H. R. 1385—311
the entity agrees that in expending the funds the entity will comply
with the Buy American Act (41 U.S.C. 10a et seq.).
(b) SENSE
OF
THE
CONGRESS; REQUIREMENT
REGARDING
NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS.—In the case of any equipment or product that may
be authorized to be purchased with financial assistance pro-
vided using funds made available under this Act, it is the
sense of the Congress that entities receiving the assistance
should, in expending the assistance, purchase only American-
made equipment and products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing
financial assistance using funds made available under this
Act, the head of each Federal agency shall provide to each
recipient of the assistance a notice describing the statement
made in paragraph (1) by Congress.
(c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABEL-
ING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter-
mined by a court or Federal agency that any person intentionally
affixed a label bearing a ‘‘Made in America’’ inscription, or any
inscription with the same meaning, to any product sold in or shipped
to the United States that is not made in the United States, the
person shall be ineligible to receive any contract or subcontract
made with funds made available in this subtitle, pursuant to the
debarment, suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal Regulations,
as such sections are in effect on the date of enactment of this
Act, or pursuant to any successor regulations.
SEC. 506. TRANSITION PROVISIONS.
(a) WORKFORCE INVESTMENT SYSTEMS.—The Secretary of Labor
shall take such actions as the Secretary determines to be appro-
priate to provide for the orderly transition from any authority
under the Job Training Partnership Act (29 U.S.C. 1501 et seq.)
to the workforce investment systems established under title I of
this Act. Such actions shall include the provision of guidance relat-
ing to the designation of State workforce investment boards, local
workforce investment areas, and local workforce investment boards
described in such title.
(b) ADULT EDUCATION AND LITERACY PROGRAMS.—
(1) IN GENERAL.—The Secretary of Education shall take
such actions as the Secretary determines to be appropriate
to provide for the transition from any authority under the
Adult Education Act (20 U.S.C. 1201 et seq.) to any authority
under the Adult Education and Family Literacy Act (as added
by title II of this Act).
(2) LIMITATION.—The authority to take actions under para-
graph (1) shall apply only for the 1-year period beginning
on the date of the enactment of this Act.
(c) REGULATIONS.—
(1) INTERIM FINAL REGULATIONS.—Not later than 180 days
after the date of the enactment of this Act, the Secretary
of Labor shall develop and publish in the Federal Register
interim final regulations relating to the transition to, and
implementation of, this Act.
(2) FINAL
REGULATIONS.—Not later than December 31,
1999, the Secretary shall develop and publish in the Federal
H. R. 1385—312
Register final regulations relating to the transition to, and
implementation of, this Act.
(d) EXPENDITURE OF FUNDS DURING TRANSITION.—
(1) IN GENERAL.—Subject to paragraph (2) and in accord-
ance with regulations developed under subsection (b), States,
grant recipients, administrative entities, and other recipients
of financial assistance under the Job Training Partnership Act
(29 U.S.C. 1501 et seq.) or under this Act may expend funds
received under the Job Training Partnership Act or under
this Act, prior to July 1, 2000, in order to plan and implement
programs and activities authorized under this Act.
(2) ADDITIONAL REQUIREMENTS.—Not to exceed 2 percent
of any allotment to any State from amounts appropriated under
the Job Training Partnership Act or under this Act for fiscal
year 1998 or 1999 may be made available to carry out para-
graph (1) and not less than 50 percent of any such amount
used to carry out paragraph (1) shall be made available to
local entities for the purposes described in such paragraph.
(e) REORGANIZATION.—Not later than 1 year after the date
of the enactment of this Act, the Secretary of Labor shall reorganize
and align functions within the Department of Labor and within
the Employment and Training Administration in order to carry
out the duties and responsibilities required by this Act (and related
laws) in an effective and efficient manner.
SEC. 507. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act and the
amendments made by this Act, shall take effect on the date of
the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.