Rehabilitation Act Amendments of 1992
PL 102-569 (H.R.5482), enacted 10/29/1992

106 STAT. 4344 
PUBLIC LAW 102-569—OCT. 29, 1992 
Public Law 102-569 
102d Congress 
An Act 
Oct. 29, 1992 
[H.R. 5482] 
Rehabilitation 
Act 
Amendments of 
1992. 
Labor. 
29 u s e 701 note. 
To revise and extend the programs of the Rehabilitation Act of 1973, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Rehabilitation 
Act Amendments of 1992". 
(b) TABLE OF CONTENTS.—^The table of contents is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References. 
T I T L E I—ADMINISTRATION AND VOCATIONAL REHABILITATION SERVICES 
Subtitle A—^Administration 
Sec. 101. Findings and purpose. 
Sec. 102. Definitions. 
Sec. 103. Allotment percentage. 
Sec. 104. Nonduplication. 
Sec. 105. Administration of the Act. 
Sec. 106. Reports. 
Sec. 107. Evaluation. 
Sec. 108. Review of applications. 
Sec. 109. Carryover. 
Sec. 110. Client assistance information. 
Sec. 111. Traditionally underserved populations. 
Subtitle B—^Vocational Rehabilitation Services 
Sec. 121. Policy; authorization of appropriations. 
Sec. 122. State plans. 
Sec. 123. Determinations of eligibility and individualized written rehabilitation pro-
gram. 
Sec. 124. Scope of vocational rehabilitation services. 
Sec. 125. Non-Federal share for construction. 
Sec. 126. State Rehabilitation Advisory Council. 
Sec. 127. Evaluation. 
Sec. 128. Monitoring and review. 
Sec. 129. Expenditure of certain amounts. 
Sec. 130. Training of employers with respect to Americans with Disabilities Act of 
1990. 
Sec. 131. Reallotment. 
Sec. 132. Payments to States. 
Sec. 133. Client assistance program. 
Sec. 134. Innovation and expansion grants. 
Sec. 135. Study of needs of American Indians with handicaps. 
Sec. 136. Review of data collection system. 
Sec. 137. Exchange of data. 
Sec. 138. Effective date. 
TITLE II—RESEARCH 
Sec. 201. Declaration of pvirpose. 
Sec. 202. Authorization of appropriations. 
Sec. 203. National Institute on Disability and Rehabilitation Research. 
Sec. 204. Interagency committee. 
Sec. 205. Research. 
' . * 
Sec. 206. Rehabilitation Research Advisory Council. 
TITLE III—TRAINING AND DEMONSTRATION PROJECTS 
Sec. 301. Declaration of purpose; organization. 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4345 
Sec. 302. Training. 
Sec. 303. Community rehabilitation programs for individuals with disabilities. 
Sec. 304. Loan guarantees. 
Sec. 305. Comprehensive rehabilitation centers. 
Sec. 306. General grant and contract requirements. 
Sec. 307. Authorization of appropriations for special projects and supplementary 
services. 
Sec. 308. Special demonstration programs. 
Sec. 309. Migratory workers. 
Sec. 310. Special recreational programs. 
TITLE IV—NATIONAL COUNCIL ON DISABILITY 
Sec. 401. Establishment of National Council on Disability. 
Sec. 402. Duties of National Council. 
Sec. 403. Compensation of National Council members. 
Sec. 404. Staff of National Council. 
Sec. 405. Administrative powers of National Council. 
Sec. 406. Authorization of appropriations. 
TITLE V—RIGHTS AND ADVOCACY 
Sec. 501. Rights and advocacy. 
Sec. 502. Effect on existing law. 
Sec. 503. Emplojrment of individuals with disabilities. 
Sec. 504. References to the Architectural and Transportation Barriers Compliance 
Board. 
Sec. 505. Employment under Federal contracts. 
Sec. 506. Nondiscrimination under Federal grants and programs. 
Sec. 507. Secretarial responsibilities. 
Sec. 508. Interagency Disability Coordinating Council. 
Sec. 509. Electronic and information technology accessibility guidelines. 
Sec. 510. Protection and advocacy of individual rights. 
TITLE VI—EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH 
DISABILITIES 
Subtitle A—Community Service Emplojonent Pilot Program for Individuals With 
Disabilities 
Sec. 601. Pilot program. 
Sec. 602. Treatment of personal assistance services costs. 
Sec. 603. Definitions. 
Sec. 604. Authorization of appropriations. 
Subtitle B—Projects With Industry 
Sec. 611. Projects With Industry. 
Sec. 612. Business opportunities for individuals with disabilities. 
Sec. 613. Authorization of appropriations. 
Subtitle C—Supported Employment Services for Individuals With Severe 
Disabilities 
Sec. 621. Supported employment. 
TITLE VII—INDEPENDENT LIVING SERVICES AND CENTERS FOR 
INDEPENDENT LIVING 
Sec. 701. Services and centers. 
Sec. 702. Effective date. 
Sec. 703. Independent living services for older individuals who are blind. 
TITLE VIII—SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS 
Sec. 801. Special demonstrations and training projects. 
TITLE K—AMENDMENTS TO OTHER ACTS 
Subtitle A—Helen Keller National Center 
Sec. 901. Congressional findings. 
Sec. 902. Continued operation of Center. 
Sec. 903. Audit, monitoring, and evaluation. 
Sec. 904. Authorization of appropriations. 
Sec. 905. Definitions. 
Sec. 906. Construction of Act, effect on agreements. 
106 STAT. 4346 
PUBLIC LAW 102-569—OCT. 29, 1992 
Sec. 907. Establishment of a program. 
Sec. 908. Technical and conforming amendments. 
Subtitle B—Other Programs 
Sec. 911. Committee for Purchase From People Who Are Blind or Severely Dis-
abled. 
Sec. 912. Individuals With Disabilities Education Act. 
Sec. 913. Technology-Related Assistance for Individuals With Disabilities Act of 
1988. 
Sec. 914. President's Committee on Employment of People With Disabilities. 
SEC. 
2. 
REFERENCES. 
Except as otherwise specifically provided, whenever in this 
Act an amendment or repeal is expressed in terms of an amendment 
to, or a repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of the 
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). 
TITLE I—ADMINISTRATION AND VOCA-
TIONAL REHABILITATION SERVICES 
Subtitle A—Administration 
SEC. 101. FINDINGS AND PURPOSE. 
Section 2 (29 U.S.C. 701) is amended to read as follows: 
"FINDINGS; PURPOSE; POLICY 
"SEC 2. (a) FINDINGS.—Congress finds that^ 
"(1) millions of Americans have one or more physical or 
mental disabilities and the number of Americans with such 
disabilities is increasing; 
"(2) individuals with disabilities constitute one of the most 
disadvantaged groups in society; 
"(3) disability is a natural part of the human experience 
and in no way diminishes the right of individuals to— 
"(A) live independently; 
"(B) enjoy self-determination; 
"(C) make choices; 
"(D) contribute to society; 
"(E) pursue meaningful careers; and 
"(F) enjoy full inclusion and integration in the eco-
nomic, political, social, cultiiral, and educationed main-
stream of American society; 
"(4) increased employment of individuals with disabilities 
can be achieved through the provision of individualized train-
ing, independent living services, educational and support serv-
ices, 
and 
meanin^ul 
opportunities 
for 
employment 
in 
integrated work settings through the provision of reasonable 
accommodations; 
"(5) individuals with disabilities continually encounter var-
ious forms of discrimination in such critical areas as employ-
ment, housing, public accommodations, education, transpor-
tation, communication, recreation, institutionalization, health 
services, voting, and public services; and 
"(6) the goals of the Nation properly include the goal of 
providing individuals with disabilities with the tools necessary 
to— 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4347 
"(A) make informed choices and decisions; and 
"(B) achieve equality of opportunity, full inclusion and 
integration in society, emplojnnent, independent living, and 
economic and socisu self-suMciency, for such individuals. 
**(b) PUEPOSE.—^The purposes of this Act are— 
"(1) to empower individuals with disabilities to maximize 
employment, economic self-sufiiciency, independence, and inclu-
sion and integration into society, through— 
"(A) comprehensive and coordinated state-of-the-art 
programs of vocational rehabilitation; 
"(B) independent living centers and services; 
*
*
(
C
) research; 
"(D) training; 
"(E) demonstration projects; and 
''(F) the guarantee of equal opportunity; and 
"(2) to ensiire that the Federal Government plays a leader-
ship role in promoting the employment of individuals with 
disabilities, especially individuals with severe disabilities, and 
in assisting States and providers of services in fulfilling the 
aspirations of such individuals with disabilities for meaningful 
and gainful emplojrment and independent Uving. 
"(c) POLICY.—It is the policy of the United States that all 
programs, projects, and activities receiving assistance imder this 
Act shall be carried out in a manner consistent with the principles 
o
f
— 
"(1) respect for individual dignity, personal responsibility, 
self-determination, and pursuit of meaningful careers, based 
on informed choice, of individuals with disabilities; 
"(2) respect for the privacy, rights, and equal access (includ-
ing the use of accessible formats), of the individuals; 
"(3) inclusion, integration, and fiill participation of the 
individuals; 
"(4) support for the involvement of a parent, a family 
member, a guardian, an advocate, or an authorized representa-
tive if an individual with a disability requests, desires, or 
needs such support; and 
"(5) support for individual and systemic advocacy and 
community involvement.". 
SEC. 102. DEFINITIONS. 
(a) DESIGNATED STATE AGENCY.—Section 7(3) (29 U.S.C. 706(3)) 
is amended— 
(1) by redesignating subparagraphs (A) and (B) as clauses 
(i) and (ii), respectively; and 
(2) by striking "(3)" and inserting the following: 
"(3)(A) The term 'designated State agency* means an agency 
designated under section lOl(aXlXA). 
(b) ESTABLISHMENT OF A COMMUNITY REHABILITATION PRO-
GRAM.—Section 7(4) (29 U.S.C. 706(4)) is amended— 
(1) by striking "rehabilitation facility^ each place the term 
appears and inserting "community rehabilitation program"; 
(2) by striking "means" and inserting "includes"; and 
(3) by striking "such facilities)" and inserting "facilities 
for commimity rehabilitation programs)". 
(c) EMPLOYMENT OUTCOME.—Section 7(6) (29 U.S.C. 706(6)) 
is amended to read as follows: 
106 STAT. 4348 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(6) The term 'employment outcome' means, with respect to 
an individual, entering or retaining full-time or, if appropriate, 
part-time competitive employment in the integrated labor market 
(including satisfjang the vocational outcome of supported employ-
ment) or satisfjdng any other vocational outcome the Secretary 
may determine, consistent with this Act.". 
(d) DRUG.—Section 7 (29 U.S.C. 706) is amended— 
(1) by striking paragraph (5); 
(2) by redesignating paragraphs (4) and (6) as paragraphs 
(6) and (5), respectively; 
(3) by inserting paragraph (6) (as so redesignated by para-
graph (2) of this subsection) before paragraph (7); 
(4) by redesignating paragraph (22) as paragraph (4); and 
(5) by inserting paragraph (4) (as so redesignated by para-
graph (4) of this subsection) after paragraph (3). 
(e) 
FEDERAL 
SHARE.—Section 7(7) (29 U.S.C. 706(7)) is 
amended— 
(1) in subparagraph (A), by striking "80 percent" and insert-
ing "78.7 percent"; 
(2) by striking subparagraph (B); 
(3) by redesignating subparagraphs (C) and (D) as subpara-
graphs (B) and (C), respectively; and 
(4) in subparagraph (B) (as redesignated by paragraph 
(3) of this subsection), by striking "section 301(b)(3)" each place 
the term appears and inserting "section lll(aX3)". 
(f) INDIVIDUAL WITH DISABILITIES.-—Section 7(8) (29 U.S.C. 
706(8)) is amended— 
(1) in subparagraph (A)— 
(A) by striking "handicaps" and inserting "a disabilit)^"; 
(B) in clause (i)— 
(i) by striking "disability" and inserting "impair-
ment"; and 
(ii) by striking "handicap" and inserting "impedi-
ment"; and 
(C) in clause (ii)— 
(i) by striking "reasonably be expected to"; 
(ii) by striking "employability" and inserting "an 
employment outcome"; and 
(iii) by striking "titles I and III" and inserting 
"titles I, II, III, VI, and YIII"; 
(2) in subparagraph (B)— 
(A) by striking "(C) and (D)" and inserting "(C), (D), 
(E),and(F)"; 
(B) by striking "handicaps" and inserting "a disabilitjr"; 
and 
(C) by striking "titles IV and V" and inserting "sections 
2, 14, and 15, and titles IV and V"; 
(3) in subparagraph (C)— 
(A) in clause (i), by striking "handicaps" and inserting 
"a disability"; 
(B) in clause (ii), by striking "handicaps" and inserting 
"a disability"; 
(C) in clause (iv)— 
(i) by striking "handicapped student" and inserting 
"student who is an individual with a disability and"; 
and 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4349 
(ii) by striking "nonhandicapped students" and 
inserting "students who are not individuals with 
disabilities"; and 
(D) in clause (v) by striking "handicaps" and inserting 
"a disability"; and 
(4) by adding at the end the following: 
"(E) For the purposes of sections 501, 503 and 504— 
"(i) for purposes of the application of subparagraph (B) 
to such sections, the term 'impairment' does not include homo-
sexuality or bisexuality; and 
"(ii) therefore the term 'individual with a disability does 
not include an individual on the basis of homosexuality or 
bisexuality. 
"(F) For the purposes of sections 501, 503, and 504, the term 
'individual with a disability* does not include an individual on 
the basis of— 
"(i) transvestism, transsexualism, pedophilia, exhibition-
ism, voveurism, gender identity disorders not resulting from 
physical impairments, or other sexual behavior disorders; 
"(ii) compulsive gambling, kleptomania, or pyromania; or 
"(iii) psychoactive substance use disorders resulting from 
current illegal use of drugs.". 
(g) NONPROFIT.—Section 7(10) (29 U.S.C. 706(10)) is amended 
by striking "with respect to a rehabilitation facility, means a 
rehabilitation facility owned and operated by" and inserting "with 
respect to a commimity rehabilitation program, means a community 
rehabilitation program carried out by". 
(h) PERSONAL ASSISTANCE SERVICES.—Section 7 (29 U.S.C. 706) 
is amended— 
(1) by striking paragraph (13); 
(2) by redesignating paragraphs (11) and (12) as paragraphs 
(12) and (13), respectively; and 
(3) by inserting after paragraph (10) the following: 
"(11) The term 'personal assistance services' means a range 
of services, provided by one or more persons, designed to assist 
an individual with a disability to perform daily living activities 
on or off the job that the individual would t3^ically perform if 
the individual did not have a disability. Such services shall be 
designed to increase the individual's control in life and ability 
to perform everyday activities on or off the job.". 
(i) REHABILITATION TECHNOLOGY.—Section 7(13) (29 U.S.C. 
706(13)) (as so redesignated by subsection (hX2)) is amended— 
(1) by striking "rehabilitation engineering^ and inserting 
"rehabilitation technology"; and 
(2) by adding at the end the following: "The term includes 
rehabilitation engineering, assistive technology devices, and 
assistive technology services.". 
(j) INDIVIDUAL WITH A SEVERE DISABILITY.—Section 7(15) 
(29 
U.S.C. 706(15)) is amended— 
(1) in subparagraph (A)— 
(A) by striking "subparagraph (B)" and inserting 
"subparagraph (B) or (C)"; 
(B) in clause (i)— 
(i) by striking "disability" and inserting "impair-
ment"; and 
(ii) by striking "employability" and inserting "an 
employment outcome"; and 
106 STAT. 4350 
PUBLIC LAW 102-569—OCT. 29, 1992 
(C) in clause (iii), by striking "evaluation of rehabilita-
tion potential" and inserting "assessment for determining 
eligibility and vocational rehabilitation needs described in 
subparagraphs (A) and (C) of paragraph (22)"; and 
(2) by striking subparagraph (B) and inserting the follow-
ing: 
"(B) For purposes of title VII, the term 'individual with a 
severe disability* means an individual with a severe physical or 
mental impairment whose ability to function independently in the 
family or community or whose ability to obtain, maintain, or 
advance in employment is substantially limited and for whom the 
delivery of independent living services will improve the ability 
to function, continue functioning, or move towards functioning 
independently in the family or community or to continue in employ-
ment, respectively. 
"(C) For purposes of section 13 and title II, the term 'individual 
with a severe disability includes an individual described in subpara-
graph (A) or (B).". 
(k) STATE.—Section 7(16) (29 U.S.C. 706(16)) is amended to 
read as follows: 
"(16) The term 'State* includes, in addition to each of the 
several States of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States Virgin Islands, 
Guam, American Samoa, the Commonwealth of the Northern Mari-
ana Islands, and the Republic of Palau (until the Compact of Free 
Association with Palau takes effect).". 
(1) SUPPORTED EMPLOYMENT.—Section 7(18) (29 U.S.C. 706(18)) 
is amended to read as follows: 
"(18)(A) The term 'supported employment' means competitive 
work in integrated work settings for individuals with the most 
severe disabilities— 
"(i)(I) for whom competitive emplojrment has not tradition-
ally occurred; or 
"(II) for whom competitive emplojmient has been inter-
rupted or intermittent as a result of a severe disability; and 
"(ii) who, because of the nature and severity of their disabil-
ity, need intensive supported employment services or extended 
services in order to perform such work. 
"(B) Such term includes transitional employment for persons 
who are individuals with the most severe disabilities due to mental 
illness.". 
(m) PUBLIC OR NONPROFIT.—Section 7(19) (29 U.S.C. 706(19)) 
is amended to read as follows: 
"(19) The term 'public or nonprofit', with respect to an agency 
or organization, includes an Indian tribe.". 
(n) ADDITIONAL DEFINITIONS.—Section 7 (29 U.S.C. 706) (as 
amended by subsection (d)(4)) is amended by adding at the end 
the following new paragraphs: 
"(22) The term 'assessment for determining eligibility and voca-
tional rehabilitation needs' means, as appropriate in each case— 
"(A)(i) a review of existing data— 
"(I) to determine whether an individual is eligible for 
vocational rehabilitation services; and 
"(II) to assign the priority described in section 
101(a)(5)(A) in the States that use an order of selection 
pursuant to section 101(a)(5)(A); and 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4351 
"(ii) to the extent additional data is necessary to make 
such determination and assignment, a preliminary assessment 
of such data (including the provision of goods and services 
during such assessment); 
"(B) to the extent additional data is necessary, a com-
prehensive assessment (including the administration of the 
assessment) of the unique strengths, resources, priorities, 
interests, and needs, including the need for supported employ-
ment, of an eligible individual to make a determination of 
the goals, objectives, nature, and scope of vocational rehabilita-
tion services to be included in the individualized written 
rehabilitation program of the individual, which comprehensive 
assessment— 
"(i) is limited to information that is necessary to iden-
tify the rehabilitation needs of the individual and to develop 
the rehabilitation program of the individual; 
"(ii) uses, as a primary source of such information, 
to the maximum extent possible and appropriate and in 
accordance with confidentiality requirements— 
"(I) existing information; and 
"(II) such information as can be provided by the 
individual and, where appropriate, by the family of 
the individual; 
"(iii) may include, to the degree needed to make such 
a 
determination, 
an 
assessment 
of the 
personality, 
interests, interpersonal skills, intelligence and related func-
tional capacities, educational achievements, work experi-
ence, vocational aptitudes, personal and social adjustments, 
and employment opportunities of the individual, and the 
medical, psychiatric, psychological, and other pertinent 
vocational, educational, cultural, social, recreational, and 
environmental factors, that afTect the employment and 
rehabilitation needs of the individual; and 
"(iv) may include an appraisal of the patterns of work 
behavior of the individual and services needed for the 
individual to acquire occupational skills, and to develop 
work attitudes, work habits, work tolerance, and social 
and behavior patterns necessary for successful job perform-
ance, including the utilization of work in real job situations 
to assess and develop the capacities of the individual to 
perform adequately in a work environment; and 
"(C)(i) referral; 
"(ii) where appropriate, the provision of rehabilitation tech-
nology services to an individual with a disability to assess 
and develop the capacities of the individual to perform in a 
work environment; and 
"(iii)(I) the provision of vocational rehabilitation services 
to an individual for a total period not in excess of 18 months 
for the limited purpose of making determinations regarding 
whether an individual is eligible for vocational rehabilitation 
services and regarding the nature and scope of vocational 
rehabilitation services needed for such individual; and 
"(II) an assessment at least once in every 90-day period 
during which such services are provided, of the results of the 
provision of such services to an individual to ascertain whether 
any of the determinations described in subclause (I) may be 
made. 
106 STAT. 4352 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(23) The term 'assistive technology device' has the meaning 
given such term in section 3(1) of the Technology-Related Assistance 
for Individuals With Disabilities Act of 1988 (29 U.S.C. 2202(1)), 
except that the reference in such section to the term 'individuals 
with disabilities' shall be deemed to mean more than one individual 
with a disability as defined in paragraph (8XA). 
"(24) The term 'assistive technology service' has the meaning 
given such term in section 3(2) of the Technology-Related Assistance 
for Individuals With Disabilities Act of 1988 (29 U.S.C. 2202(2)), 
except that the reference in such section— 
"(A) to the term 'individual with a disability' shall be 
deemed to mean an individual with a disability, as defined 
in paragraph (8)(A); and 
"(B) to the term 'individuals with disabilities' shall be 
deemed to mean more than one such individual. 
"(25) The term 'community rehabilitation program' means a 
program that provides directly or facilitates the provision of voca-
tional rehabilitation services to individuals with disabilities, and 
that provides, singly or in combination, for an individual with 
a disability to enable the individual to maximize opportunities 
for employment, including career advancement— 
"(A) medical, psychiatric, psychological, social, and voca-
tional services that are provided under one management; 
"(B) testing, fitting, or training in the use of prosthetic 
and orthotic devices; 
"(C) recreational therapy; 
"(D) physical and occupational therapy; 
"(E) speech, language, and hearing therapy; 
"(F) psychiatric, psychological, and social services, including 
positive behavior management; 
"(G) assessment for determining eligibility and vocational 
rehabilitation needs; 
"(H) rehabilitation technology; 
"(I) job development, placement, and retention services; 
"(J) evaluation or control of specific disabilities; 
"(K) orientation and mobility services for individuals who 
are blind; 
"(L) extended employment; 
"(M) psychosocial rehabilitation services; 
"(N) supported employment services and extended services; 
"(O) services to family members when necessary to the 
vocational rehabilitation of the individual; 
"(P) personal assistance services; or 
"(Q) services similar to the services described in one of 
subparagraphs (A) through (P). 
"(26) The term 'disabilit/means— 
"(A) except as otherwise provided in subparagraph (B), 
a physical or mental impairment that constitutes or results 
in a substantial impediment to emplojrment; or 
"(B) for purposes of sections 2, 14, and 15, and titles II, 
III, IV, V, and VIII, a physical or mental impairment that 
substantially limits one or more msgor life activities. 
"(27) The term 'extended services* means ongoing support serv-
ices and other appropriate services, needed to support and maintain 
an individual with the most severe disability in supported employ-
ment, that— 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4353 
"(A) are provided singly or in combination and are orga-
nized and made available in such a way as to assist an eligible 
individual in maintaining integrated, competitive emplojrment; 
"(B) are based on a determination of the needs of an eligible 
individual, as specified in an individualized written rehabilita-
tion program; and 
"(C) are provided by a State agency, a nonprofit private 
organization, employer, or any other appropriate resource, after 
an individual has made the transition from support provided 
by the designated State unit. 
"(28)(A) The term 'impartial hearing officer' 
means 
an 
individual— 
"(i) who is not an employee of a public agency (other than 
an administrative law judge, hearing examiner, or employee 
of an institution of higher education); 
"(ii) who is not a member of the State Rehabilitation 
Advisory Council described in section 105; 
"(iii) who has not been involved in previous decisions 
regarding the vocational rehabilitation of the applicant or client; 
"(iv) who has knowledge of the delivery of vocational 
rehabilitation services, the State plan under section 101, and 
the Federal and State rules governing the provision of such 
services and training with respect to the performance of official 
duties; and 
"(v) who has no personal or financial interest that would 
be in conflict with the objectivity of the individual. 
"(B) An individual shall not be considered to be an employee 
of a public agency for purposes of subparagraph (AXi) solely because 
the individual is paid by the agency to serve as a hearing officer. 
"(29) The term 'independent living core services' means— 
"(A) information and referral services; 
"(B) independent living skills training; 
"(C) peer counseling (including cross-disability peer coim-
seling); and 
"(D) individual and systems advocacy. 
"(30) The term 'independent living services' includes— 
"(A) independent living core services; and 
"(B)(i) counseling services, including psychological, psycho-
therapeutic, and related services; 
"(ii) services related to securing housing or shelter, includ-
ing services related to community group living, and supportive 
of the purposes of this Act and of the titles of this Act, and 
adaptive housing services (including appropriate accommoda-
tions to and modifications of any space used to serve, or occu-
pied by, individuals with disabilities); 
"(iii) rehabilitation technology; 
"(iv) mobility training; 
"(v) services and training for individuals with cognitive 
and sensory disabilities, including life skills training, and inter-
preter and reader services; 
"(vi) personal assistance services, including attendant care 
and the training of personnel providing such services; 
"(vii) surveys, directories, and other activities to identify 
appropriate housing, recreation opportunities, and accessible 
transportation, and other support services; 
"(viii) consumer information programs on rehabilitation and 
independent living services available under this Act, especially 
106 STAT. 4354 
PUBLIC LAW 102-569—OCT. 29, 1992 
for minorities and other individuals with disabilities who have 
traditionally been unserved or underserved by programs under 
this Act; 
''(ix) education and training necessary for living in a 
community and participating in community activities; 
"(x) supported living; 
"(xi) transportation, including referral and assistance for 
such transportation; 
"(xii) physical rehabilitation; 
"(xiii) therapeutic treatment; 
"(xiv) provision of needed prostheses and other appliances 
and devices; 
**(xv) individual and group social and recreational services; 
"(xvi) training to develop skills specifically designed for 
youths who are individuals with disabilities to promote self-
awareness and esteem, develop advocacy and self-empowerment 
skills, and explore career options; 
"(xvii) services for children; 
"(xviii) services under other Federal, State, or local pro-
grams designed to provide resources, training, counseling, or 
other assistance, of substantial benefit in enhancing the 
independence, productivity, and quality of life of individuals 
with disabilities; 
"(xix) appropriate preventive services to decrease the need 
of individuals assisted under this Act for similar services in 
the future; 
"(xx) community awareness programs to enhance the 
understanding and integration into society of individuals with 
disabiUties; and 
"(xxi) such other services as may be necessary and not 
inconsistent with the provisions of this Act. 
"(31XA) The term 'individuals with disabilities' means more 
than one individual with a disability. 
"(B) The term 'individuals with severe disabilities' means more 
than one individual with a severe disability. 
"(C) The term 'individuals with the most severe disabilities' 
means more than one individual with the most severe disability. 
"(32) The term 'institution of higher education' has the meaning 
given the term in section 1201(a) of the Higher Education Act 
of 1965 (20 U.S.C. 1141(a)). 
"(33) The term 'ongoing support services' means services— 
"(A) provided to individuals with the most severe disabil-
ities; 
"(B) provided, at a minimum, twice monthly— 
"(i) to make an assessment, regarding the emplojrment 
situation, at the worksite of each such individual in sup-
ported emplojrment, or, imder special circumstances, espe-
cially at the request of the client, off site; and 
"(ii) based on the assessment, to provide for the 
coordination or provision of specific intensive services, at 
or away from the worksite, that are needed to maintain 
employment stability; and 
"(C) consisting of— 
"(i) a particularized assessment supplementary to the 
comprehensive assessment described in paragraph (22XB); 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4355 
"(ii) the provision of skilled job trainers who accompany 
the individual for intensive job skill training at the work 
site; 
"(iii) job development and placement; 
"(iv) social skills training; 
"(v) regular observation or supervision of the individ-
ual; 
"(vi) followup services such as regular contact with 
the employers, the individuals, the parents, family mem-
bers, guardians, advocates, or authorized representatives 
of the individuals, and other suitable professional and 
informed advisors, in order to reinforce and stabilize the 
job placement; 
"(vii) facilitation of natural supports at the worksite; 
"(viii) any other service identified in section 103; or 
"(ix) a service similar to another service described in 
this subparagraph. 
"(34) The term 'supported employment services' means ongoing 
support services and otner appropriate services needed to support 
and maintain an individual with the most severe disability in 
supported employment, that— 
"(A) are provided singly or in combination and are orga-
nized and made available in such a way to assist an eligible 
individual in entering or maintaining integrated, competitive 
emplo^nent; 
"(B) are based on a determination of the needs of an eligible 
individual, as specified in an individualized written rehabilita-
tion program; and 
"(C) are provided by the designated State unit for a period 
of time not to extend beyond 18 months, imless under special 
circumstances the eligible individual and the rehabilitation 
counselor or coordinator jointly agree to extend the time in 
order to achieve the rehabilitation objectives identified in the 
individualized written rehabilitation program. 
"(35) The term 'transition services' means a coordinated set 
of activities for a student, designed within an outcome-oriented 
process, that promotes movement from school to post school activi-
ties, including post secondary education, vocational training, 
integrated employment (including supported employment), continu-
ing and adult education, adult services, independent living, or 
community participation. The coordinated set of activities shall 
be based upon the individual student's needs, taking into account 
the student's preferences and interests, and shall include instruc-
tion, community experiences, the development of employment and 
other post school adult living objectives, and, when appropriate, 
acquisition of daily living skills and functional vocational evalua-
tion.". 
(o) TECHNICAL AMENDMEISTT.—Section 101 (29 U.S.C. 721) is 
amended— 
(1) by striking "clause" each place the term appears and 
inserting "paragraph"; 
(2) by striking "subclause" each place the term appears 
and inserting "subparagraph"; and 
(3) by striking "clauses" and inserting "paragraphs". 
(p) 
CONFORMING AMENDMENTS; INDIVIDUALS WITH DISABIL-
ITIES 
(1) The title of the Act (29 U.S.C. 701 et seq.) is amended— 
106 STAT. 4356 
PUBLIC LAW 102-569—OCT. 29, 1992 
(A) by striking "those with the most severe handicaps" 
and inserting "individuals with the most severe disabil-
ities"; and 
(B) by striking "individuals with handicaps" each place 
such term appears and inserting "individuals with disabil-
ities". 
(2) The table of contents relating to the Act is amended— 
(A) by striking the item relating to section 501 and 
inserting the following: 
"Sec. 501. Employment of individuals with disabilities."; 
(B) by striking the item relating to the title heading 
for title VI and inserting the following: 
'TITLE VI—EMPLOYME^r^ OPPORTUNITIES FOR INDIVIDUALS WITH 
DISABILITIES"; 
and 
(C) by striking the item relating to the part heading 
for part A of title VI and inserting the following: 
"PART A—COMMUNITY SERVICE EMPLOYMENT PROGRAMS FOR INDIVIDUALS WITH 
DISABILITIES". 
(3) Section 7 (29 U.S.C. 706) is amended— 
(A) in paragraph (13) (as so redesignated by subsection 
(h)(2)) by striking "handicaps" and inserting "disabilities"; 
(B) in paragraph il5)(A)— 
(i) by striking "severe handicaps" and inserting 
"a severe disability"; and 
(ii) by striking "handicaps (as defined in paragraph 
(8))" and inserting "a disability'; and 
(C) in paragraph (17) by striking "handicaps" and 
inserting "disabilities". 
(4) The last sentence of section 13 (29 U.S.C. 712) is amend-
ed by striking "handicaps" and inserting "disabilities". 
(5) Section 14(a) (29 U.S.C. 713(a)) is amended by striking 
"handicaps" and inserting "disabilities". 
(6) Section 15 (29 U.S.C. 714) is amended— 
(A) in subsections (a) and (b) by striking "handicaps" 
each place such term appears and inserting "disabilities"; 
(B) in subsection (a)(2) by striking "handicapping condi-
tions" and inserting "disabilities"; and 
(C) in subsection (c) by striking "the Handicapped" 
and inserting "Individuals with Disabilities". 
(7) Section 101(a) (29 U.S.C. 721(a)) is amended— 
(A) in paragraph (1)— 
(i) by stnking "handicaps" each place such term 
appears and inserting "disabilities"; 
(ii) in subparagraph (A)(i)— 
(I) by strilang "the blind" each place such term 
appears and inserting "individuals who are blind"; 
and 
(II) bv striking "the adult blind" and inserting 
"adults who are blind"; and 
(iii) in subparagraph (B), by striking "the blind" 
and inserting "individuals who are blind"; 
(B) in paragraph (2)(B) by striking "the blind" and 
inserting "individuals who are blind"; 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4357 
(C) in paragraphs (2), (4), (5), (6), (10), (11), (12), (21), 
and in the matter preceding paragraph (16), by striking 
"handicaps" each place such term appears and inserting 
"disabilities"; 
(D) in paragraph (9) by striking "handicaps" and insert-
ing "a disability; 
(E) in paragraph (13)(B) by striking "with handicaps 
whose handicapping conditions arises from a disability sus-
tained" and inserting "with a disability whose disability 
was sustained"; 
(F) in paragraph (20)— 
(i) by striking "American Indians with handicaps" 
and inserting "American Indians who are individuals 
with disabilities"; and 
(ii) by striking "individuals with handicaps" and 
inserting "individuals with disabilities"; and 
(G) in paragraph (22)— 
(i) by striking "the deaf and inserting "individuals 
who are deaf; and 
(ii) by striking "handicaps" and inserting "disabil-
ities". 
(8) Subsections (c) and (d) of section 102 (29 U.S.C. 722 
(c) and (d)) are amended by striking "handicaps" and inserting 
"a disability". 
(9) Section 103 (29 U.S.C. 723) is amended— 
(A) in the matter preceding paragraph (1) in subsection 
(a), and in subsection (b)(2), by striking "handicaps" and 
inserting "a disability"; 
(B) except as provided in subparagraph (A), by striking 
"handicaps" each place such term appears and inserting 
"disabilities"; 
(C) in subsection (a)— 
(i) in subparagraph (E) of paragraph (4), by strik-
ing "suffering from" and inserting "with"; 
(ii) in paragraph (6), by striking "deaf individuals" 
and inserting "individuals who are deaf; and 
(iii) in paragraph (8), by striking "the blind" and 
inserting "individuals who are blind"; and 
(D) in subsection (b)(4)— 
(i) by striking "the blind" and inserting "individ-
uals who are blind"; and 
(ii) by striking "the deaf and inserting "individuals 
who are deaf. 
(10) Section 112 (29 U.S.C. 732) is amended by striking 
"handicaps" each place such term appears and inserting 
"disabilities". 
(11) Section 130 (29 U.S.C. 750) is amended— 
(A) in subsections (a) and (b)(1)(B) by striking "Amer-
ican Indians with handicaps" and inserting "American 
Indians who are individuals with disabilities"; and 
(B) in subsection (b)(1)(B) by striking "individuals with 
handicaps" and inserting "individuals with disabilities". 
(12) Section 202 (29 U.S.C. 761a) is amended— 
(A) by striking "handicaps" each place such term 
appears and inserting "disabilities"; and 
(B) in subsection (c)(1) by striking "the Handicapped" 
and inserting "Disability^'. 
106 STAT. 4358 
PUBLIC LAW 102-569—OCT. 29, 1992 
(13) Subsections (b) and (c) of section 203 (29 U.S.C. 761b 
(b) and (c)) are amended by striking **handicaps" each place 
such term appears and inserting "disabihties". 
(14) Section 204 (29 U.S.C. 762) is amended— 
(A) in subsection (b)— 
(i) in paragraph (4), by striking "individuals suffer-
ing from" and inserting "individuals with"; 
(ii) in paragraph (8)— 
(I) by striking "children with handicaps" and 
inserting "children who are individuals 
with 
disabilities"; and 
(II) by striking "American Indians with handi-
caps" and inserting "American Indians who are 
individuals with disabilities"; 
(iii) in paragraph (10), by striking "deaf individ-
uals" and inserting "individuals who are deaf; and 
(iv) in paragraph (11)— 
(I) by striking "children with handicaps" and 
inserting "children who are individuals 
with 
disabilities"; and 
(II) by striking "children with severe handi-
caps" each place such term appears and inserting 
"children who are individuals with severe disabil-
ities"; and 
(B) except as provided in subparagraph (A), by striking 
"handicaps" each place such term appears and inserting 
"disabiUties". 
(15) Section 300 (29 U.S.C. 770) is amended— 
(A) in paragraph (2) by striking "handicaps" and insert-
ing "disabilities"; and 
(B) in paragraph (3)— 
(i) by striking "individuals with handicaps" each 
place such term appears and inserting "individuals 
with disabilities"; 
(ii) by striking "older blind individuals, and desif 
individuals" and inserting "older individuals who are 
blind, and individuals who are deaf'; 
(iii) by striking "workers with handicaps" and 
inserting "workers who are individuals with disabil-
ities"; and 
(iv) by striking "farmworkers with handicaps" and 
inserting "farmworkers who are individuals with 
disabilities". 
(16) Section 302 (29 U.S.C. 772) is amended— 
(A) in the section heading, by striking "HANDICAPS" 
and inserting "DISABILITIES"; and 
(B) in subsections (b) and (c) by striking "handicaps" 
each place such term appears and inserting "disabilities". 
(17) Section 303(a) (29 U.S.C. 773(a)) is amended by strik-
ing "handicaps" and inserting "disabilities". 
(18) Section 304 (29 U.S.C. 774) is amended— 
(A) by striking "handicaps" each place such term 
appears and inserting "disabilities"; and 
(B) in subsection (b)(2XB), by striking "handicap" and 
inserting "disability". 
(19) Section 305(a) (29 U.S.C. 775(a)) is amended— 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4359 
(A) in paragraph (1), by striking **handicaps" each place 
such term appears and inserting "disabiUties"; and 
(B) in paragraph (2) by striking "the deaf and insert-
ing "individuals who are deaf. 
(20) Subsections (f) and (h) of section 306 (29 U.S.C. 776 
(f) and (h)) are amended by striking "handicaps" each place 
such term appears and inserting "disabilities". 
(21) Section 311 (29 U.S.C. 777a) is amended— 
(A) in subsection (a), by striking "handicaps" each place 
such term appears and inserting "disabilities"; 
(B) in subsection (c)(1), by striking "with handicaps" 
and inserting "who are individuals with disabilities"; 
(C) in subsection (dX3), by striking "handicaps" and 
inserting "disabilities"; and 
(D) in subsection (e)— 
(i) in paragraph (1), by striking "with severe handi-
caps" and inserting "who are individuals with severe 
disabilities"; and 
(ii) in paragraph (4)(B), by striking "youths with 
severe handicaps and youths with mild handicaps" and 
inserting "youths who are individuals with severe 
disabilities and other youths with disabilities". 
(22) Section 312 (29 U.S.C. 777b) is amended by striking 
"handicaps" each place such term appears and inserting 
"disabilities". 
(23) Section 314 (29 U.S.C. 777d) is amended— 
(A) in the section heading, by striking "THE BLIND" 
and inserting "INDIVIDUALS WHO ARE BLIND"; 
(B) in subsection (a)(1), by striking "blind persons" 
and inserting "individuals who are blind and"; 
(C) in subsection (aX2)— 
(i) by striking "available to blind persons" and 
inserting "available to individuals who are blind"; 
(ii) by striking "needs of blind persons" and insert-
ing "needs of such individuals"; and 
(iii) by striking "to assist blind persons" and insert-
ing "to assist such individuals"; and 
(D) in paragraphs (1), (2), (5), and (6) of subsection 
(c), by striking "blind persons" and inserting "individuals 
who are blind". 
(24) Section 315 (29 U.S.C. 777e) is amended— 
(A) in the section heading, by striking "THE DEAF" 
and inserting "INDIVIDUALS WHO ARE DEAF"; 
(B) in subsection (a), by striking "deaf individuals" 
each place such term appears and inserting "individuals 
who are deaf; 
(C) in subsection (b)(1), by striking "to the maximum 
number of deaf individuals feasible" and inserting "to the 
maximum feasible number of individuals who are deaT; 
(D) in subsection (c), by striking "deaf individuals" 
each place such term appears and inserting "individuals 
who are deaf; and 
(E) in subsection (d), by striking "deaf individuals" 
and inserting "individuals who are deaf and". 
(25) Section 316(a)(1) (29 U.S.C. 777£laXl)) is amended— 
106 STAT. 4360 
PUBLIC LAW 102-569—OCT. 29, 1992 
(A) by striking "individuals with handicaps" each place 
such term appears and inserting "individuals with disabil-
ities"; and 
(B) by striking "peers without handicaps" and inserting 
"peers who are not individuals with disabilities". 
(26) Section 400(a) (29 U.S.C. 780(a)) is amended by strik-
ing "handicaps" each place such term appears and inserting 
"disabilities". 
(27) Section 401(a) (29 U.S.C. 781(a)) is amended— 
(A) in paragraph (4), by striking "individuals with 
handicaps and" each place such term appears; and 
(B) in paragraphs (5), (6), and (7), by striking "handi-
caps" each place such term appears and inserting "disabil-
ities". 
(28) Section 403(a)(1) (29 U.S.C. 783(a)(1)) is amended by 
striking "handicaps" and inserting "disabilities". 
(29) Section 501 (29 U.S.C. 791) is amended— 
(A) in the section heading, by striking "HANDICAPS" 
and inserting "DISABILITIES"; 
(B) in subsection (a), by striking "Handicapped Employ-
ees" and inserting "Employees who are Individuals with 
Disabilities"; 
(C) in subsections (a), (b), (c), (d), and (f), by striking 
"individuals with handicaps" each place such term appears 
and inserting "individuals with disabilities"; and 
(D) in subsection (b), by striking "employees with 
handicaps" and inserting "employees who are individuals 
with disabilities". 
(30) Subsections (a), (c), (g), and (h) of section 502 (29 
U.S.C. 792 (a), (c), (g), and (h)) are amended by striking "handi-
caps" each place such term appears and inserting "disabilities". 
(31) Section 503 (29 U.S.C. 793) is amended— 
(A) in subsection (a), by striking "handicaps as defined 
in section 7(8)" and inserting "disabilities"; and 
(B) in subsection (b)— 
(i) by striking "individual with handicaps" and 
inserting "individual with a disability"; and 
(ii) by striking "individuals with handicaps" each 
place such term appears and inserting "individuals 
with disabilities". 
(32) Section 504 (29 U.S.C. 794) is amended in subsection 
( a ) -
(A) by striking "handicaps" and inserting "a disability; 
and 
(B) by striking "handicap" and inserting "disability". 
(33) Title VI is amended in the title heading by striking 
"HANDICAPS" and inserting "DISABILITIES". 
(34) Section 601 (29 U.S.C. 701 note) is amended by striking 
"Handicaps" and inserting "Disabilities". 
(35) Part A of title VI is amended in the part heading, 
by striking "HANDICAPS" and inserting "DISABILITIES". 
(36) Subsections (a) and (b) of section 611 (29 U.S.C. 795 
(a) and (b)) are amended by striking "handicaps" each place 
such term appears and inserting "disabilities". 
(37) Section 615(a)(1) (29 U.S.C. 795d(a)(l)) is amended 
by strildng "handicaps" and inserting "disabilities". 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4361 
(38) Section 616(2) (29 U.S.C. 795e(2)) is amended, by 
striking "handicaps" and inserting "disabilities'*. 
(39) Section 622 (29 U.S.C. 795h) is amended— 
(A) in the section heading, by striking "HANDICAPS** 
and inserting "DISABILITIES**; and 
(B) by striking "handicaps** and inserting "disabilities**. 
SEC. 103. ALLOTMENT PERCENTAGE. 
Section 8(aXl) (29 U.S.C. 707(a)(1)) is amended— 
(1) by striking "The** and inserting "For purposes of section 
110, the**; and 
(2) by striking "and the Trust Territory of the Pacific 
Islands" and inserting "and the Republic of Palau (until the 
Compact of Free Association with Palau takes effect)". 
SEC. 104. NONDUPLICATION. 
The second sentence of section 10 (29 U.S.C. 709) is amended 
by striking "rehabilitation facilities" and inserting "community 
rehabilitation programs". 
SEC. 105. ADMINISTRATION OF THE ACT. 
(a) TRAINING.—Section 12(aX2) (29 U.S.C. 711(aX2)) is amended 
by inserting before the semicolon the following: ", including training 
for the personnel of community rehabilitation programs, centers 
for independent living, and other providers of services (including 
job coaches)". 
(b) ISSUANCE OF REGULATIONS.—Section 12 (29 U.S.C. 711) 
is amended— 
(1) by redesignating subsection (d) as subsection (£); and 
(2) by inserting after subsection (c) the following: 
"(d) The Secretary shall promulgate regulations regarding the 
requirements for the implementation of an order of selection for 
vocational rehabilitation services under section 101(a)(5)(A) if such 
services cannot be provided to all eligible individuals with disabil-
ities who apply for such services. 
"(e)(1) Not later than 120 days after the date of the enactment 
of the Rehabilitation Act Amendments of 1992, the Secretary shall 
receive public comment and promulgate regulations establishing 
criteria pertaining to the selection of vocational rehabilitation serv-
ices, and of vocational rehabilitation services providers, by an 
individual with a disability, consistent with the individualized writ-
ten rehabilitation program of the individual under section 102. 
"(2) Regulations under paragraph (1) shall include the following: 
"(A) Procedures that States must adopt to ensure that 
the services provided under this Act are of sufficient scope 
and quality, that the costs of such services and the length 
of time such services are provided are reasonable, and that 
such services are available in a timely manner. 
"(B) Procedures that prevent fraud, waste, and abuse. 
"(C) Procedures to assure that services are provided in 
the most integrated settings. 
"(D) Procedures to assure that rehabilitation providers com-
ply with State guarantees, such as— 
"(i) affirmative action procedures with respect to the 
emplo^ent of individuals with disabilities; 
"(li) standards governing community rehabilitation pro-
grams and qualified personnel utilized for the provision 
of vocational rehabilitation services; and 
106 STAT. 4362 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(iii) minimum standards to ensure the availability 
of personnel, to the maximum extent feasible, trained to 
communicate in the native language or mode of communica-
tion of the client. 
"(£) Standards to be adhered to by providers to help ensure 
the integrity of services. 
"(F) Guidelines for assisting individuals with disabilities 
and for providing information about available vocational 
rehabilitation service providers, especially for assisting— 
"(i) individuals with costive and other disabilities 
who, due to the nature of the disability, require support 
and assistance in fully implementing the selection and 
procurement of services; and 
"(ii) the parents, family members, guardians, advo-
cates, or authorized representatives of the individuals.". 
SEC. 106. REPORTS. 
The fourth sentence of section 13 (29 U.S.C. 712) is amended 
by inserting "including types of rehabilitation technology services 
provided," £ ^ r "types of services provided,". 
SEC. 107. EVALUATION. 
Section 14 (29 U.S.C. 713) is amended— 
(IXA) by striking "Commissioner" the first place such term 
appears and inserting "Secretary, in consultation with the 
Commissioner,"; and 
(B) except as provided in subparagraph (A), by striking 
"Commissioner" each place such term appears and inserting 
"Secreterjr"; 
(2)inthe third sentence of subsection (a)— 
(A) by striking "program and" and inserting "pro-
gram,"; 
(B) by striking "and the characteristics" and inserting 
", the characteristics"; and 
(C) by inserting before the period ", and the employ-
ment outoDmes to be attained"; 
(3) in subsection (b) by striking "shall," and all that follows 
through "obtain" and inserting "shall obtain"; and 
(4XA) by redesignating subsection (f) as subsection (g); 
and 
(B) by inserting after subsection (e) the following sub-
section: 
"(fKD To assess the Unkages between vocational rehabilitetion 
services and economic and noneconomic outeomes, the Secretory 
shall continue to conduct a longitudinal study of a national sample 
of applicants for the services. 
"(2) The study shall address factors related to attrition and 
completion of the program through which the services are provided 
and factors within and outside the program affecting results. Appro-
priate comparisons shall be used to contrast the experiences of 
similar persons who do not obtoin the services. 
"(3) The study shall be planned to cover the period beginning 
on the appUcation of the individuals for the services, through the 
eligibility determination and provision of services for the individ-
uals, and a further period of not less than 2 years after the termi-
nation of services". 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4363 
SEC. 108. REVIEW OF APPUCATIONS. 
(a) TRANSFERS.—Section 16(b) (29 U.S.C. 715(b)) is amended 
by striking "one-half of. 
(b) COMPENSATION.—Section 18 (29 U.S.C. 717) is amended 
by striking "the rate provided for grade GS-18 of the General 
Schediile under section 5332" and inserting "the daily equivalent 
of the rate of pay for level 4 of the Senior Executive Service 
Schedule under section 5382". 
SEC. 109. CARRYOVER. 
(a) IN GENERAL.—^The Act is amended by inserting after section 
18 (29 U.S.C. 717) the following new section: 
"SEC. 19. CARRYOVER. 
"(a) IN GENERAL.—^Except as provided in subsection (b), and 
notwithstanding any other provision of law, any funds appropriated 
for a fiscal year to carry out any grant program under pBit B 
or C of title I, section 509, part C of title VI, or part B or C 
of chapter 1 of title VII, that are not obligated and expended 
by recipients prior to the beginning of the succeeding fiscal year 
shall remain available for obligation and expenditure by such recipi-
ents during such succeeding fiscal year. 
"(b) NON-FEDERAL SHARE.—Such funds shall remain available 
for obligation and expenditure by a recipient as provided in sub-
section (a) only to the extent that the recipient complied with 
any Federal share requirements applicable to the program for the 
fiscal year for which the funds were appropriated.". 
(b) TECHNICAL AMENDMENT.—^The table of contents relating 
to the Act is amended by inserting after the item relating to 
section 18 the following: 
"Sec. 19. Carryover.". 
SEC. 110. CLIENT ASSISTANCE INFORMATION. 
(a) IN GENERAL.—^The Act is amended by inserting after section 
19 (as added by section 109(a)) the following new section: 
"SEC. 20. CLIENT ASSISTANCE INFORMATION. 
29 USC 718a. 
"All programs, including community rehabilitation programs, 
and projects, that provide services to individuals with disabilities 
under this Act shall advise such individuals, or the parents, family 
members, guardians, advocates, or authorized representatives of 
the individuals, of the availability and purposes of the client assist-
ance program under section 112, including information on means 
of seeking assistance under such program.". 
(b) TECHNICAL AMENDMENT.—The table of contents relating 
to the Act is amended by inserting after the item relating to 
section 19 (as added by section 109(b)) the following: 
"Sec. 20. Client assistance information.". 
SEC. 111. TRADITIONALLY UNDERSERVED POPULATIONS. 
(a) IN GENERAL.—^The Act is amended by inserting after section 
20 (as added by section 110(a)) the following section: 
"SEC. 21. TRADITIONALLY UNDERSERVED POPULATIONS. 
29 USC 718b. 
"(a) FINDINGS.—^With respect to the programs authorized in 
titles II through VIII, the Congress finds as follows: 
"(1) RACIAL PROFILE.—^The racial profile of America is rap-
idly changing. While the rate of increase for white Americans 
106 STAT. 4364 
PUBLIC LAW 102-569—OCT. 29, 1992 
is 3.2 percent, the rate of increase for racial and ethnic minori-
ties is much higher: 38.6 percent for Latinos, 14.6 percent 
for African-Americans, and 40.1 percent for Asian-Americans 
and other ethnic groups. By the year 2000, the Nation will 
have 260,000,000 people, one of eveiy three of whom will be 
either African-American, Latino, or Asian-American. 
"(2) RATE OF DISABIUTY.—Ethnic and racial minorities tend 
to have disabling conditions at a disproportionately high rate. 
The rate of work-related disability for American Indians is 
about one and one-half times that of the general population. 
African-Americans are also one and one-half times more likely 
to be disabled than whites and twice as likely to be severely 
disabled. 
"(3) INEQUITABLE TREATMENT.—Patterns of inequitable 
treatment of minorities have been documented in all major 
junctures of the vocational rehabilitation process. As compared 
to white Americans, a larger percentage of African-American 
applicants to the vocational rehabilitation system is denied 
acceptance. Of applicants accepted for service, a larger percent-
age of African-American cases is closed without being rehabili-
tated. Minorities are provided less training than their white 
counterparts. Consistently, less money is spent on minorities 
than on their white counterparts. 
"(4) RECRUITMENT.—Recruitment efforts within vocational 
rehabilitation at the level of pre-service training, continuing 
education, and in-service training must focus on bringing larger 
numbers of minorities into the profession in order to provide 
appropriate practitioner knowledge, role models, and sxifficient 
manpower to address the clearly changing demography of voca-
tional rehabilitation. 
"(b) OUTREACH TO MINORITIES.— 
"(1) POLICY.—The Commissioner shall develop a policy to 
mobilize the resources of the Nation to prepare minorities for 
careers in vocational rehabilitation, independent living, and 
related services. 
"(2) Focus.—This policy shall focus on— 
"(A) the recruitment of minorities into the field of 
vocational rehabilitation counseling and related disciplines; 
and 
"(B) financially assisting Historically Black Colleges 
and Universities, Hispanic-serving institutions of higher 
education, and other institutions of higher education whose 
minority enrollment is at least 50 percent to prepare stu-
dents for vocational rehabilitation and related service 
careers. 
"(3) PLAN.— 
"(A) DEVELOPMENT.—The Commissioner shall develop 
a plan to provide outreach services and other related activi-
ties (such as cooperative efforts) to the entities described 
in subparagraph (B) in order to enhance the capacity and 
increase the participation of such entities in competitions 
for grants, contracts, and cooperative agreements under 
titles I through VIII. 
"(B) ENTITIES.—The entities referred to in subpara-
graph (A) are— 
"(i) Historically Black Colleges and Universities, 
Hispanic-serving institutions of higher education, and 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4365 
other institutions of higher education whose minority 
student enrollment is at least 50 percent; 
"(ii) nonprofit and for-profit agencies at least 51 
percent owned or controlled by one or more minority 
individuals; and 
"(iii) imderrepresented populations. 
"(C) FUNDING.—For the purpose of implementing the 
plan required in subparagraph (A), the Commissioner shall, 
for each of the fiscal years 1993 through 1997, expend 
I percent of the funds appropriated for the fiscal year 
involved for carrying out programs authorized in titles 
II through VIII of this Act, except programs authorized 
imder title IV or V. 
"(3) EFFORT.—^The Commissioner shall exercise the utmost 
authority, resourcefulness, and diligence to meet the require-
ments of this section. 
"(4) REPORT.— 
"(A) IN GENERAL.—^Not later than January 31 of each 
year, starting with fiscal year 1994, the Commissioner 
shall prepare and submit to Congress a final report on 
the progress toward meeting the goals of this section during 
the preceding fiscal year. 
"(B) CONTENTS.—The report shall include— 
"(i) a full explanation of any progress toward meet-
ing the goals of this section; and 
"(ii) a plan to meet the goals, if necessary. 
"(5) DEMONSTRATION.—In awarding grants, contracts, or 
cooperative agreements imder titles I, II, III, VI, VII, and 
VIII, and section 509, the Commissioner and the Director of 
the National Institute on Disability and Rehabilitation 
Research, where appropriate, shall require applicants to dem-
onstrate how they will address, in whole or in part, the needs 
of individuals with disabilities from minority backgrounds.", 
(b) TECHNICAL AMENDMENT.—The table of contents relating 
to the Act is amended by inserting after the item relating to 
section 20 (as added by section 110(b)) the following item: 
"Sec. 21. Traditionally underserved populations.". 
Subtitle B—Vocational Rehabilitation 
Services 
SEC. 121. POLICY; AUTHORIZATION OF APPROPRIATIONS. 
(a) FINDINGS; PURPOSE; POLICY.—Section 100 (29 U.S.C. 720) 
is amended— 
(1) in the section heading, by striking 'PURPOSE" and insert-
ing "POLICY"; and 
(2) by striking subsection (a) and inserting the following: 
"(aXl) Congress finds that— 
"(A) work— 
"(i) is a valued activity, both for individuals and society; 
and 
"(ii) fulfills the need of an individual to be productive, 
promotes independence, enhances self-esteem, and allows 
for participation in the mainstream of life in America; 
106 STAT. 4366 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(B) as a group, individuals with disabilities experience 
staggering levels of unemployment and poverty; 
"(C) individuals with disabilities, including individuals with 
the most severe disabilities, have demonstrated their ability 
to achieve gainful employment in integrated settings if appro-
priate services and supports are provided; 
"(D) reasons for the significant number of individuals with 
disabilities not working, or working at a level not commensurate 
with their abilities and capabilities, include— 
"(i) discrimination; 
"(ii) lack of accessible and available transportation; 
"(iii) fear of losing health coverage imder the medicare 
and medicaid programs under titles XVIII and XIX of the 
Social Security Act (42 U.S.C. 1395 et seq. and 1396 et 
seq.) or fear of losing existing private health insurance; 
and 
"(iv) lack of education, training, and supports to meet 
job qualification standards necessary to enter or retain 
or advance in employment; 
"(E) enforcement of title V and of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) holds the 
promise of ending discrimination for individuals with disabil-
ities; and 
"(F) the provision of vocational rehabilitation services can 
enable individuals with disabilities, including individuals with 
the most severe disabilities, to pursue meaningful careers by 
securing gainful employment commensurate with their abilities 
and capabilities. 
"(2) The purpose of this title is to assist States in operating 
a comprehensive, coordinated, effective, efficient, and accountable 
program of vocational rehabilitation that is designed to assess, 
plan, develop, and provide vocational rehabilitation services for 
individuals with disabilities, consistent with their strengths, 
resources, priorities, concerns, abilities, and capabilities, so that 
such individuals may prepare for and engage in gainful emplojnnent. 
"(3) It is the policy of the United States that such a program 
shall be carried out in a manner consistent with the mllowing 
principles: 
"(A) Individuals with disabilities, including individuals with 
the most severe disabilities, are generally presumed to be 
capable of engaging in gainful emplo3anent and the provision 
of individualized vocational rehabilitation services can improve 
their ability to become gainfully employed. 
"(B) Individuals with disabilities must be provided the 
opportunities to obtain gainful emplo3mient in integrated set-
tings. 
"(C) Individuals with disabilities must be active partici-
pants in their own rehabilitation programs, including making 
meaningful and informed choices about the selection of their 
vocational goals and objectives and the vocational rehabilitation 
services they receive. 
"(D) Families and natural supports can play an important 
role in the success of a vocational rehabilitation program, if 
the individual with a disability requests, desires, or needs 
such supports. 
"(E) Qualified vocational rehabilitation counselors, other 
qualified rehabilitation personnel, and other qualified personnel 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4367 
facilitate the accomplishment of the employment goals and 
objectives of an individual. 
"(F) Individuals with disabilities and their advocates are 
full partners in the vocational rehabilitation program and must 
be involved on a regular basis and in a meaningful manner 
with respect to policy development and implementation. 
"(G) Accountability measures must facilitate and not 
impede the accomplishment of the goals and objectives of the 
program, including providing vocational rehabilitation services 
to, among others, individuals with the most severe disabilities.", 
(b) 
REAUTHORIZATION.—Section 
100 
(29 
U.S.C. 
720) 
is 
amended— 
(1) by amending subsection (b) to read as follows: 
"(b)(1) For the purpose of making grants to States under part 
B (other than grants under section 112) to assist States in meeting 
the costs of vocational rehabilitation services provided in accordance 
with State plans under section 101, there are authorized to be 
appropriated such sums as may be necessary for fiscal years 1993 
through 1997, except that the amount to be appropriated for a 
fiscal year shall not be less than the amount of the appropriation 
under this subsection for the immediately preceding nscal year, 
plus the amount of the Consumer Price Index addition determined 
under subsection (c) for the immediately preceding fiscal year. 
"(2) There are authorized to be appropriated to carry out part 
Appropriation 
C such sums as may be necessary for fiscal years 1993 through 
authorization. 
1997."; 
(2) in subparagraphs (A) and (B) of subsection (cX2), by 
striking "authorized to be appropriated under subsection (bXD 
for the subsequent fiscal year is the amount authorized to 
be" each place the term appears and inserting "to be appro-
priated under subsection (b) for the subsequent fiscal year 
shall be at least the amount"; and 
(3) in subsection (d)(1)(B)— 
(A) by striking "1992" the first place the term appears 
and inserting "1997"; and 
(B) by striking "or the amount authorized to be appro-
priated for such program for fiscal year 1992, whichever 
is higher,". 
(c) TABLE OF CONTENTS.—The table of contents relating to 
the Act is amended by striking the item relating to section 100 
and inserting the following: 
"Sec. 100. Declaration of policy; authorization of appropriations.". 
SEC. 122. STATE PLANS. 
(a) PERIOD.—The first sentence of section 101(a) (29 U.S.C. 
721(a)) is amended by striking "for a three-year period" and all 
that follows and inserting the following: "for a 3-year period, or 
shall submit the plan on such date, and at such regular intervals, 
as the Secretary may determine to be appropriate to coincide with 
the intervals at which the State submits State plans under other 
Federal laws, such as part B of the Individuals with Disabilities 
Education Act (20 U.S.C. 1411 et seq.). In order to be eligible 
to participate in programs under this title, a State, upon the request 
of the Commissioner, shall make such annual revisions in the 
plan as may be necessary.". 
(b) 
STATE 
AGENCY.—Section 
lOl(aXlXA) 
(29 
U.S.C. 
721(aXl)(A)) is amended— 
106 STAT. 4368 
PUBLIC LAW 102-569—OCT. 29, 1992 
(1) by striking "and" at the end of clause (i); and 
(2) by inserting before the semicolon at the end the follow-
ing: ", and (iii) in the case of American Samoa, the appropriate 
State agency shall be the Governor of American Samoa". 
(c) PLANS; POLICIES; METHODS.—Section 101(a)(5) (29 U.S.C. 
721(a)(5)) is amended— 
(1) in subparagraph (A)— 
(A) by striking "existing rehabilitation facilities to the 
maximum extent feasible;" and inserting "community 
rehabilitation programs to the maximum extent feasible, 
an explanation of the methods by which the State will 
provide vocational rehabilitation services to all individuals 
with disabilities within the State who are eligible for such 
services,"; and 
(B) in clause (ii), by inserting before "and shall be 
consistent" the following: "in accordance with criteria estab-
lished by the State,"; 
(2) in subparagraph (B), by inserting before the semicolon 
the following: ", including the use of funds under part C of 
title VI to supplement funds under part B of this title to 
pay for the cost of services leading to supported employment"; 
and 
(3) by striking subparagraph (C) and inserting the follow-
ing: 
"(C) describe— 
"(i) how a broad range of rehabilitation technology services 
will be provided at each stage of the rehabilitation process; 
"(ii) how a broad range of such rehabilitation technology 
services will be provided on a statewide basis; and 
"(iii) the training that will be provided to vocational 
rehabilitation counselors, client assistance personnel, and other 
related services personnel;". 
(d) PROGRAM COMPLIANCE.—Section 101(a)(6)(B) (29 U.S.C. 
721(a)(6)(B)) is amended by inserting before the semicolon at the 
end the following: ", with section 504 of this Act, and with the 
Americans with Disabilities Act of 1990". 
(e) PERSONNEL.—Section 101(a)(7) (29 U.S.C. 721(a)(7)) is 
amended to read as follows: 
"(7)(A) include a description (consistent with the purposes of 
this Act) of a comprehensive system of personnel development, 
which shall include— 
"(i) a description of the procedures and activities the State 
agency will undertake to ensure an adequate supply of qualified 
State rehabilitation professionals and paraprofessionals for the 
designated State unit, including the development and mainte-
nance of a system for determining, on an annual basis— 
"(I) the number and type of personnel that are 
employed by the State agency in the provision of vocational 
rehabilitation services, including ratios of counselors to 
clients; and 
"(II) the number and type of personnel needed by the 
State, and a projection of the numbers of such personnel 
that will be needed in 5 years, based on projections of 
the number of individuals to be served, the number of 
such personnel who are expected to retire or leave the 
field, and other relevant factors; 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4369 
"(ii) where appropriate, a description of the manner in 
which activities will be undertaken through this section to 
coordinate the system of personnel development with personnel 
development under the Individuals with Disabilities Education 
Act (20 U.S.C. 1400 et seq.); 
"(iii) a description of the development and maintenance 
of a system of determining, on an annual basis, information 
on the institutions of higher education within the State that 
are preparing rehabilitation professionals, including— 
"(I) the numbers of students enrolled in such programs; 
and 
"(II) the number who graduated with certification or 
licensure, or with credentials to qualify for certification 
or licensure, during the past year; 
"(iv) a description of the development, updating, and 
implementation of a plan that— 
"(I) will address the current and projected vocational 
rehabilitation services personnel training needs for the des-
ignated State unit; and 
"(II) provides for the coordination and facilitation of 
efforts between the designated State unit and institutions 
of higher education (as defined in section 1201(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1141(a))) and 
professional associations to recruit, prepare and retain 
qualified personnel, including personnel from minority 
backgrounds, and personnel who are individuals with 
disabilities; and 
"(v) a description of the procedures and activities the State 
agency will undertake to ensure that all personnel employed 
by the designated State unit are appropriately and adequately 
trained and prepared, including— 
"(I) a system for the continuing education of rehabili-
tation professionals and paraprofessionals 
within 
the 
designated 
State 
unit, 
particularly 
with 
respect 
to 
rehabilitation technology; and 
"(II) procedures for acquiring and disseminating to 
rehabilitation professionals and paraprofessionals within 
the designated State unit significant knowledge from 
research and other sources, including procedures for pro-
viding training regarding the amendments to the Re-
habilitation Act of 1973 made by the Rehabilitation Act 
Amendments of 1992; 
"(B) set forth policies and procedures relating to the establish-
ment and maintenance of standards to ensure that personnel, 
including professionals and paraprofessionals, needed within the 
State agency to carry out this part are appropriately and adequately 
prepared and trained, including— 
"(i) the establishment and maintenance of standards that 
are consistent with any national or State approved or recog-
nized certification, licensing, registration, or other comparable 
requirements that apply to the area in which such personnel 
are providing vocational rehabilitation services; and 
(ii) to the extent such standards are not based on the 
highest requirements in the State applicable to a specific profes-
sion or discipline, the steps the State is taking to require 
the retraining or hiring of personnel within the designated 
106 STAT. 4370 
PUBLIC LAW 102-569—OCT. 29, 1992 
State unit that meet appropriate professional requirements in 
the State; and 
"(C) contain provisions relating to the establishment and 
maintenance of minimum standards to ensure the availability of 
personnel within the designated State unit, to the maximum extent 
feasible, trained to communicate in the native language or mode 
of communication of the client;**. 
(f) AVAILABILITY OF COMPARABLE SERVICES AND BENEFITS.— 
Section 101(a)(8) (29 U.S.C. 721(a)(8)) is amended by striking 
"except that'* and all that follows and inserting "except that such 
a determination shall not be required— 
"(A) if the determination would delay the provision of such 
services to any individual at extreme medical risk; or 
"(B) prior to the provision of such services if an immediate 
job placement would be lost due to a delay in the provision 
of such comparable benefits;**. 
(g) 
USE OF EXISTING INFORMATION.—Section 101(a)(9) 
(29 
U.S.C. 721(a)(9)) is amended— 
(1) by redesignating subparagraphs (A) through (C) as sub-
paragraphs (B) through (D), respectively; 
(2) by striking "(9) provide that" and inserting "(9) provide 
that— 
"(A) to the maximum extent appropriate, and consistent 
with the requirements of this Act, existing information available 
from other programs and providers (particularly information 
used by education officials and the Social Security Administra-
tion) and information that can be provided by the individual 
with a disability or the family of the individual shall be used 
for purposes of determining eligibility for vocational rehabilita-
tion services and for choosing rehabilitation goals, objectives, 
and services;"; 
(3) in subparagraphs (B), (C), and (D) (as so redesignated 
by paragraph (1) of this subsection), by indenting the subpara-
graphs to the same measure as subparagraph (A); and 
(4) in subparagraphs (B) and (C) (as so redesignated), by 
striking the comma at the end and inserting a semicolon, 
(h) REPORTS.—Section 101(a)(10) (29 U.S.C. 721(a)(10)) is 
amended— 
(1) by inserting "(A)" after the paragraph designation; 
(2) in subparagraph (A) (as so designated by paragraph 
(1) of this subsection), by adding "and" after the semicolon 
at the end; and 
(3) by adding at the end the following subparagraph: 
"(B) provide that reports under subparagraph (A) will include 
information on— 
"(i) the number of such individuals who are evaluated 
and the number rehabilitated; 
"(ii) the costs of administration, counseling, provision of 
direct services, development of community rehabilitation pro-
grams, and other functions carried out under this Act; and 
"(iii) the utilization by such individuals of other programs 
pursuant to paragraph (11);". 
(i) INTERAGENCY COOPERATION.—Section 101(a)(ll) (29 U.S.C. 
721(a)(ll)) is amended— 
(1) by striking "(11) provide for entering into cooperative 
arrangements" and inserting "(11)(A) provide for interagency 
cooperation"; 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4371 
(2) in subparagraph (A) (as so designated by paragraph 
(1) of this subsection) by striking ", and the Carl D. Perkins 
Vocational Education Act);" and inserting "(20 U.S.C. 1400 
et seq.), the Carl D. Perkins Vocational and Applied Technology 
Education Act (20 U.S.C. 2301 et seq.), and the Act entitled 
'An Act to create a (Ik>mmittee on Purchases of Blind-made 
Products, and for other purposes', approved June 25, 1938 
(commonly known as the Wagner-O'Day Act; 41 U.S.C. 46 et 
seq.);"; and 
(3) by adding at the end the following: 
"(B) provide that cooperation under subparagraph (A) shall 
include, to the extent practicable, means for provicUng training 
to staff of the agencies described in subparagraph (A) as to the 
availability and benefits of, and eligibility standards for, vocational 
rehabiUtation services, in order to enhance the opportunity of 
individuals receiving the services described in subparagraph (A) 
to obtain vocational rehabilitation services; and 
"(C) in providing for interagency cooperation under subp£Lra-
graph (A), provide for such cooperation by means including, if 
appropriate— 
"(i) establishing interagency working groups; and 
"(ii) entering into formal interagency cooperative agree-
ments that— 
"(I) identify policies, practices, and procedures that 
can be coordinated among uie agencies (particularly defini-
tions, standards for eligibility, the joint sharing and use 
of evaluations and assessments, and procedures for making 
referrals); 
"(ID identify available resources and define the finan-
cial responsibility of each agency for paying for necessary 
services (consistent with State law) and procedures for 
resolving disputes between agencies; and 
"(III) include all additional components necessary to 
ensure meaningfiil cooperation and coordination;", 
(j) C
o
M
M
U
N
H
Y REHABILITATION PROGRAMS.—Section 101(aX12) 
(29 U.S.C. 721(aX12)) is amended— 
(1) in subparagraph (A), by striking "facilities" and insert-
ing "programs"; and 
(2) in subparagraph (B), by striking "rehabilitetion facili-
ties" and inserting "commimity rehabilitetion programs". 
(k) CONTINUING STATEWIDE STUDIES.—Section 101(a) (29 U.S.C. 
721(a)) is amended— 
(1) in the matter preceding paragraph (16) by striking 
"provide for continuing" and inserting "(15) provide for continu-
ing"; and 
(2) in paragraph (15) (as so designated by paragraph (1) 
of this subsection)-— 
(A) in subparagraph (A), by striking "conducting"; 
(B) in subparagraph (B)— 
(i) by strilong "capacity and condition of rehabilite-
tion facilities, plans for improving such facilities," and 
inserting "capacity and effectiveness of community 
rehabilitetion programs, plans for improving such pro-
grams,"; and 
(ii) by striking "and" after the semicolon at the 
end; 
106 STAT. 4372 
PUBLIC LAW 102-569—OCT. 29, 1992 
(C) in subparagraph (C), by inserting "and" after the 
semicolon at the end; and 
(D) by adding at the end the following subparagraph: 
"(D) outreach procedures to identify and serve individuals 
with disabilities who are minorities and individuals with 
disabilities who have been unserved or underserved by the 
vocational rehabilitation system;". 
(1) REVIEW AND EFFORTS.—Section 101(a)(16) (29 U.S.C. 
721(a)(16)) is amended to read as follows: 
"(16) provide for— 
"(A)(i) at least annual review and reevaluation of the status 
of each individual with a disability placed in an extended 
employment setting in a community rehabilitation program 
(including a workshop) or other employment under section 14(c) 
of the Fair Labor Standards Act (29 U.S.C. 214(c)), to determine 
the interests, priorities, and needs of the individual for employ-
ment, or training for competitive employment, in an integrated 
setting in the labor market; and 
"(ii) input into the review and reevaluation by the individ-
ual with a disability, or, in an appropriate case, a parent, 
a family member, a guardian, an advocate, or an authorized 
representative, of the individual, if the individual requests, 
desires, or needs assistance; 
"(B) maximum efforts, including the identification of voca-
tional rehabilitation services, reasonable accommodations, and 
other support services, to enable such an individual to benefit 
from training or to be placed in employment in an integrated 
setting; and 
"(C) services designed to promote movement from extended 
employment to integrated employment, including supported 
employment, independent living, and community participa-
tion;". 
(m) CONSTRUCTION.—Section 101(a)(17) (29 U.S.C. 721(a)(17)) 
is amended— 
(1) in the matter preceding subparagraph (A), by striking 
"where such State plan includes provisions for the construction 
of rehabilitation facilities" and inserting "if, under special cir-
cumstances, the State plan includes provisions for the construc-
tion of facilities for community rehabilitation programs"; and 
(2) in subparagraph (C), by striking "rehabilitation facili-
ties" and inserting "facilities for community rehabilitation 
programs". 
(n) 
VIEWS 
CONSIDERED.—Section 
101(a)(18) 
(29 
U.S.C. 
721(a)(18)) is amended by striking "and providers of vocational 
rehabilitation services" and inserting "providers of vocational 
rehabilitation services, and the Director of the client assistance 
program under section 112". 
(o) STRATEGIC PLAN.—Section 101(a)(19) (29 U.S.C. 721(a)(19)) 
is amended by inserting before the semicolon the following: ", and 
for developing and updating the strategic plan required under part 
C". 
(p) PUBLIC COMMENT.—Section 101(a)(23) (29 U.S.C. 721(a)(23)) 
is amended— 
(1) in subparagraph (A), bv inserting after "comment on 
the State plan the following: "before development of the plan 
by the State"; 
(2) by striking "and" before "(B)"; and 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4373 
(3) by inserting before the semicolon the following: ", and 
(C) provide satisfactory assurances that the State agency will 
consult with the Director of the client assistance program under 
section 112 in the formulation of policies governing the provi-
sion of vocational rehabilitation services consistent with the 
State plan and other revisions". 
(q) GOALS AND PUBLIC EDUCATION.—Section 101(a)(24) (29 
U.S.C. 721(a)(24)) is amended to read as follows: 
"(24) contain plans, policies, and procedures to be followed 
(including entering into a formal interagency cooperative agree-
ment, in accordance with paragraph (ll)(CXii), with education 
officials responsible for the provision of a free appropriate public 
education to students who are individuals with disabilities) that 
are designed to— 
"(A) facilitate the development and accomplishment o
f
— 
"(i) long-term rehabilitation goals; 
"(ii) intermediate rehabilitation objectives; and 
"(iii) goals and objectives related to enabling a student 
to live independently before the student leaves a school 
setting, 
to the extent the goals and objectives described in clauses 
(i) through (iii) are included in an individualized education 
program of the student, including the specification of plans 
for coordination with the educational agencies in the provision 
of transition services; 
"(B) facilitate the transition from the provision of a free 
appropriate public education imder the responsibility of an 
educational agency to the provision of vocational rehabilitation 
services under the responsibility of the designated State unit, 
including the specification of plans for coordination with edu-
cational agencies in the provision of transition services author-
ized under section 103(aXl4) to an individual, consistent with 
the individualized written rehabilitation program of the individ-
ual; and 
"(C) provide that such plans, policies, and procedures will 
address— 
"(i) provisions for determining State lead agencies and 
qualified personnel responsible for transition services; 
"(ii) procedures for outreach to and identification of 
youth in need of such services; and 
"(iii) a timeframe for evaluation and foUowup of youth 
who have received such services;", 
(r) USE OF SUPPORTED EMPLOYMENT FUNDS.—Section 101(aX25) 
(29 U.S.C. 721(aX25)) is amended to read as follows: 
"(25) provide assurances satisfactory to the Secretary that the 
State has an acceptable plan for carrying out part C of title VI, 
including the use of fimds under that part to supplement funds 
under part B of this title for the cost of services leading to supported 
employment;". 
(s) ADDITIONAL STATE PLAN REQUIREMENTS.—Section 101(a) 
(29 U.S.C. 721(a)) is amended by adding at the end the following 
new paragraphs: 
"(26) describe the manner in which on-the-job or other related 
personal assistance services will be provided to assist individuals 
with disabilities while the individuals are receiving vocational 
rehabilitation services; 
106 STAT. 4374 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(27) describe the manner in which cooperative agreements 
with private nonprofit vocational rehabilitation service providers 
will be established; 
"(28) identify the needs and utilization of community rehabilita-
tion programs under the Act commonly known as the Wagner-
O'Day Act (41 U.S.C. 46 et seq.); 
"(29) describe the manner in which individuals with disabilities 
will be given choice and increased control in determining their 
vocational rehabilitation goals and objectives; 
"(30) describe the manner in which students who are individ-
uals with disabilities and who are not in special education programs 
can access and receive vocational rehabilitation services, where 
appropriate; 
"(31) describe the manner in which assistive technology devices 
and services will be provided, or worksite assessments will be 
made as part of the assessment for determining eligibility and 
vocational rehabilitation needs of an individual; 
"(32) describe the manner in which the State will modify the 
policies and procedures of the State based on consumer satisfaction 
surveys conducted by the State Rehabilitation Advisory Council; 
"(33) provide for coordination and working relationships with 
the Statewide Independent Living Council established under section 
705 and independent living centers within the State; 
"(34) provide satisfactory assurances to the Commissioner that 
the State— 
"(A) has developed and implemented a strategic plan for 
expanding and improving vocational rehabilitation services for 
individuals with disabilities on a statewide basis in accordance 
with part C of this title; and 
"(B) will use at least 1.5 percent of the allotment of the 
State under part B for the uses described in section 123; 
"(35)(A) describe how the system for evaluating the performance 
of rehabilitation counselors, coordinators, and other personnel used 
in the State facilitates the accomplishment of the purpose and 
policy of this title, including the policy of serving, among others, 
individuals with the most severe disabilities; and 
"(B) provide satisfactory assurances that the system in no way 
impedes such accomplishment; and 
"(36) provide satisfactory assurances to the Commissioner 
that— 
"(A)(i) the State has established a State Rehabilitation 
Advisory Council that meets the criteria set forth in section 
105; 
"(ii) the designated State agency and the designated State 
unit seek and seriously consider on a regular and ongoing 
basis advice from the Council regarding the development and 
implementation of the State plan and the strategic plan and 
amendments to the plans, and other policies and procedures 
of general applicability pertaining to the provision of vocational 
rehabilitation services in the State; 
"(iii) the designated State agency includes, in its State 
plan or an amendment to the plan, a summary of advice pro-
vided by the Council, including recommendations from the 
annual report of the Council, the survey of consumer satisfac-
tion, and other reports prepared by the Council, and the 
response of the designated State agency to such advice and 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4375 
recommendations (including explanations with respect to advice 
and recommendations that were rejected); and 
"(iv) the designated State unit transmits to the Council— 
"(I) all plans, reports, and other information required 
Reports. 
under the Act to be submitted to the Commissioner; 
"(II) all policies, practices, and procedures of general 
applicability provided to or used by rehabilitation person-
nel; and 
"(III) copies of due process hearing decisions, which 
shall be transmitted in such a manner as to preserve 
the confidentiality of the participants in the hearings; 
"(B) an independent commission— 
"(i) is responsible imder State law for overseeing the 
operation of the designated State agency; 
"(ii) is consumer-controlled by persons who— 
"(I) are individuals with physical or mental impair-
ments that substantially limit major life activities; and 
"(II) represent individuals with a broad range of 
disabilities; 
"(iii) includes individuals representing family members, 
advocates, and authorized representatives of individuals 
with mental impairments; and 
"(iv) undertakes the function set forth in section 
105(c)(3); or 
"(C) in the case of a State that, under section 101(a)(l)(A)(i), 
designates a State agency to administer the part of the State 
plan under which vocational rehabilitation services are provided 
for individuals who are blind and designates a separate State 
agency to administer the remainder of the State plan— 
"(i) an independent commission is responsible under 
State law for overseeing both such agencies and meets 
the requirements of subparagraph (B)(ii); or 
"(ii)(I) an independent commission is responsible under 
State law for overseeing the first agency described in this 
subparagraph and meets the requirements of subparagraph 
(B)(ii); and 
"(II) an independent commission is responsible under 
State law for overseeing the second State agency described 
in this subparagraph and is required by such State law 
to be consumer-controlled by individuals who are blind 
and to represent individuals who are blind.", 
(t) TECHNICAL AMENDMENT.—Section 101 (29 U.S.C. 721) is 
amended by striking subsections (c) and (d). 
SEC. 123. DETERMINATIONS OF ELIGIBILITY AND INDIVIDUALIZED 
WRITTEN REHABILITATION PROGRAM. 
(a) ELIGIBILITY.—Section 102(a) (29 U.S.C. 722(a)) is amended 
to read as follows: 
"(a)(1) An individual is eligible for assistance under this title 
if the individual— 
"(A) is an individual with a disability under section 7(8)(A); 
and 
"(B) requires vocational rehabilitation services to prepare 
for, enter, engage in, or retain gainful employment. 
"(2) An individual who has a disability or is blind as determined 
pursuant to title II or title XVI of the Social Security Act (42 
U.S.C. 401 et seq. and 1381 et seq.) shall be considered to have— 
59-194 O—93 
24 : QL 3 (Pt. 5) 
106 STAT. 4376 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(A) a physical or mental impairment which for such 
individual constitutes or results in a substantial impediment 
to employment under section 7(8)(A)(i); and 
"(B) a severe physical or mental impairment which seri-
ously limits one or more fimctional capacities in terms of an 
employment outcome under section 7(15)(AXi). 
"(3) Determinations made by officials of other agencies, particu-
larly the education officials described in section 101(a)(24), regard-
ing whether an individual satisfies one or more factors relating 
to whether an individual is an individual with a disability under 
section 7(8)(A) or an individual with a severe disability under 
section 7(15)(A), shall be used (to the extent appropriate and avail-
able and consistent with the requirements under this Act) for mak-
ing such determinations under this Act. 
"(4)(A) It shall be presumed that an individual can benefit 
in terms of an emplojonent outcome from vocational rehabilitation 
services under section 7(8)(AXii), unless the designated State unit 
can demonstrate by clear and convincing evidence that such individ-
ual is incapable of benefiting from vocational rehabilitation services 
in terms of an employment outcome. 
"(B) In making the demonstration required under subparagraph 
(A) with respect to cases in which the issue concerns the severitv 
of the disability of an individual, the designated State unit shall 
first conduct an extended evaluation by providing the services 
described in subparagraph (C)(iii)(I), and conducting the assessment 
described in subparagraph (C)(iii)(II), of section 7(22). 
"(5)(A) The designated State unit shall determine whether an 
individual is eligible for vocational rehabilitation services under 
this title within a reasonable period of time, not to exceed 60 
days after the individual has submitted an application to receive 
the services unless— 
"(i) the designated State unit notifies the individual that 
exceptional and unforeseen circumstances beyond the control 
of the agency preclude the agency from completing the deter-
mination within the prescribed time and the individual agrees 
that an extension of time is warranted; or 
"(ii) such an extended evaluation is required. 
"(B) The determination of eligibility shall be based on the 
review of existing data described in section 7(22)(A)(i), and, to 
the extent necessary, the preliminary assessment described in sec-
tion 7(22XA)(iii). 
"(6) The designated State unit shall ensure that a determination 
of ineligibility made with respect to an individual prior to the 
initiation of an individualized written rehabilitation program, based 
on the review, and to the extent necessary, the preliminary assess-
ment, shall include specification of— 
"(A) the reasons for such a determination; 
"(B) the rights and remedies available to the individual, 
including, if appropriate, recourse to the processes set forth 
in subsections (DX2) and (d); and 
"(C) the availability of services provided by the client assist-
ance program under section 112 to the individual.", 
(b) INDIVIDUALIZED WRITTEN REHABILITATION PROGRAM.—Sec-
tion 102(b) (29 U.S.C. 722(b)) is amended— 
(1) by striking paragraph (1) and inserting the following: 
"(1)(A) As soon as a determination has been made that an 
individual is eligible for vocational rehabilitation services, the des-
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4377 
ignated State unit shall complete an assessment for determining 
eligibility and vocational rehabilitation needs described in subpara-
graphs (B) and (C) of section 7(22) (if such assessment is necessary) 
and ensure that— 
''(i) an individualized written rehabilitation program is 
jointly developed, agreed upon, and signed by— 
"(I) such eligible individual (or, in an appropriate case, 
a parent, a family member, a guardian, an advocate, or 
an authorized representative, of such individual); and 
"(II) the vocational rehabilitation counselor or coordina-
tor; and 
"(ii) such program meets the requirements set forth in 
subparagraph (B). 
"(B) Each individualized written rehabilitation program shall— 
"(i) be designed to achieve the employment objective of 
the individual, consistent with the unique strengths, resources, 
priorities, concerns, abilities, and capabilities, of the individual; 
"(ii) include a statement of the long-term rehabilitation 
goals based on the assessment for determining eligibility and 
vocational rehabilitation needs described in section 7(22)(B), 
including an assessment of career interests, for the individual, 
which goals shall, to the maximum extent appropriate, include 
placement in integrated settings; 
"(iii) include a statement of the intermediate rehabilitation 
objectives related to the attainment of such goals, determined 
through such assessment carried out in the most individualized 
and integrated setting (consistent with the informed choice 
of the individual); 
"(iv)(I) include a statement of the specific vocational 
rehabilitation services to be provided, and the projected dates 
for the initiation and the anticipated duration of each such 
service; 
"(II) if appropriate, include a statement of the specific 
rehabilitation technology services to be provided to assist in 
the implementation of intermediate rehabilitation objectives 
and long-term rehabilitation goals for the individual; and 
"(III) if appropriate, include a statement of the specific 
on-the-job and related personal assistance services to be pro-
vided to the individual, and, if appropriate and desired by 
the individual, the training in managing, supervising, and 
directing personal assistance services to be provided to the 
individual; 
"(v) include an assessment of the expected need for 
postemplo5mient services and, if appropriate, extended services; 
"(vi) provide for— 
"(I) a reassessment of the need for postemployment 
services and, if appropriate, extended services prior to the 
point of successful rehabilitation, in accordance with this 
subsection; and 
"(II) if appropriate, the development of a statement 
detailing how such services shall be provided or arranged 
through 
cooperative 
agreements 
with 
other 
service 
providers; 
"(vii) include objective criteria and an evaluation procedure 
and schedule for determining whether such goals and objectives 
are being achieved; 
106 STAT. 4378 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(viii) include the terms and conditions under which goods 
and services described above will be provided to the individual 
in the most integrated settings; 
"(ix) identify the entity or entities that will provide the 
vocational rehabilitation services and the process used to pro-
vide or procure such services; 
"(x) include a statement by the individual, in the words 
of the individual (or, if appropriate, in the words of a parent, 
a family member, a guardian, an advocate, or an authorized 
representative, of the individual), describing how the individual 
was informed about and involved in choosing among alternative 
goals, objectives, services, entities providing such services, and 
methods used to provide or procure such services; 
"(xi) include, if necessary, an amendment specifying— 
"(I) the reasons that an individual for whom a program 
has been prepared is no longer eligible for vocational 
rehabilitation services; and 
"(ID the rights and remedies available to such an 
individual including, if appropriate, recourse to the proc-
esses set forth in subsections (b)(2) and (d); 
"(xii) set forth the rights and remedies available to such 
an individual including, if appropriate, recourse to the processes 
set forth in subsections (bX2) and (d); 
"(xiii) provide a description of the availability of a client 
assistance program established pursuant to section 112; 
"(xiv) to the maximum extent possible, be provided in the 
native language, or mode of communication, of the individual, 
or, in an appropriate case, of a parent, a family member, 
a guardian, an advocate, or an authorized representative, of 
such individual; and 
"(xv) include information identif)dng other related services 
and benefits provided pursuant to any Federal, State, or local 
program that will enhance the capacity of the individual to 
achieve the vocational objectives of the individual. 
"(C) The designated State unit shall furnish a copy of the 
individualized written rehabilitation program and amendments to 
the program to the individual with a disability or, in an appropriate 
case, a parent, a family member, a guardian, an advocate, or an 
authorized representative, of the individual."; and 
(2) in paragraph (2), by inserting after the first sentence 
the following: "Any revisions or amendments to the program 
resulting from such review shall be incorporated into or affixed 
to such program. Such revisions or amendments shall not take 
effect until agreed to and signed by the individual with a 
disability, or, if appropriate, by a parent, a family member, 
a guardian, an advocate, or an authorized representative, of 
such individual.". 
(c) TECHNICAL AMENDMENTS.—Section 102(c) (29 U.S.C. 722(c)) 
is amended— 
(1) by striking "Commissioner shall also insure" and insert-
ing 'T>irector of the designated State imit shall also ensure"; 
and 
(2) in paragraph (2), by striking "evaluation of rehabilita-
tion potential" and inserting "assessment for determining 
eligibility and vocational rehabilitation needs described in 
subparagraphs (B) and (C) of section 7(22)". 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4379 
(d) SELECTION OF IMPARTIAL HEARING OFFICER.—Section 102(d) 
(29 U.S.C. 722(d)) is amended— 
(1) in paragraph (2)— 
(A) by inserting "(A)" after "(2)"; and 
(B) by adding at the end the following: 
"(B) The impartial hearing officer shall be selected to hear 
a particular case— 
"(i) on a random basis; or 
"(ii) by agreement between— 
"(I) the Director of the designated State unit and the 
individual with a disability; or 
"(II) in an appropriate case, the Director and a parent, 
a family member, a guardian, an advocate, or an authorized 
representative, of such individual. 
"(C) The impartial hearing officer shall be selected from among 
a pool of qualified persons identified jointly by— 
"(i) the designated State unit; and 
"(ii)(I) the members of the State Rehabilitation Advisory 
Council established under section 105 who were appointed 
under one of subparagraphs (E) through (H) of section 105(b)(1); 
"(II) the commission described in subparagraph (B) or (C)(i) 
of section 101(a)(36); or 
"(III) 
the 
commissions 
described 
in 
section 
101(a)(36)(C)(ii)."; 
(2) in paragraph (3), by striking subparagraph (C) and 
inserting the following: 
"(C)(i) The Director may not overturn or modify a decision 
of an impartial hearing officer, or part of such a decision, that 
supports the position of the individual unless the Director concludes, 
based on clear and convincing evidence, that the decision of the 
independent hearing officer is clearly erroneous on the basis of 
being contrary to Federal or State law, including policy. 
"(ii) A final decision shall be made in writing by the Director Reports, 
and shall include a full report of the findings and the grounds 
for such decision. 
"(iii) Upon making a final decision, the Director shall provide 
a copy of such decision to such individual."; 
(3) by redesignating paragraph (5) as paragraph (6); and 
(4) by inserting after paragraph (4) the following: 
"(5) Unless the individual with a disability so requests, or, 
in an appropriate case, a parent, a family member, a guardian, 
an advocate, or an authorized representative, of such individual 
so requests, pending a final determination of such hearing or other 
final resolution under this subsection, the designated State imit 
shall not institute a suspension, reduction, or termination of services 
being provided under the individualized written rehabilitation pro-
gram, unless such services have been obtained through misrepresen-
tation, fraud, collusion, or criminal conduct on the part of the 
individual with a disability.". 
SEC. 124. SCOPE OF VOCATIONAL REHABILITATION SERVICES. 
(a) IN GENERAL.—Section 
103(a) (29 U.S.C. 723(a)) 
is 
amended— 
(1) by striking paragraph (1) and inserting the following: 
"(1) an assessment for determining eligibility and voca-
tional rehabilitation needs by qualified personnel, including. 
106 STAT. 4380 
PUBLIC LAW 102-569—OCT. 29, 1992 
if appropriate, an assessment by personnel skilled in rehabilita-
tion technology;"; 
(2) in paragraph (2)— 
(A) by striking "referral,"; 
(B) by inserting "work-related" before "placement 
services"; 
(C) by inserting before "followup," th©^ following: "job 
search assistance, placement assistance, job retention serv-
ices, personal assistance services, and"; 
(D) by striking "maintain or regain emplo)anent" and 
inserting "maintain, regain, or advance in employment"; 
and 
(E) by striking ", and other services" and all that 
follows through "under this Act"; 
(3) in paragraph (3)— 
(A) by striking "and services" and inserting "and such 
services"; and 
(B) by striking ": Provided, That" and inserting ", 
except that"; 
(4) in paragraph (4XA)— 
(A) by striking "handicap to emplojonent," and insert-
ing "impediment to employment,"; and 
(B) by striking "substantially reduce the handicap" 
and inserting "reduce such impediment to employment"; 
(5) in paragraph (5), by striking ", not exceeding the esti-
mated cost of subsistence, diuing rehabilitation" and inserting 
"for additional costs incurred while participating in rehabilita-
tion"; 
(6) by striking "and" at the end of paragraph (11); 
(7) in paragraph (12), by striking "engineering services." 
and inserting "technology services;"; and 
(8) by adding at the end the following: 
"(13) referral and other services designed to assist individ-
uals with disabilities in securing needed services from other 
agencies 
through 
agreements 
developed 
under 
section 
101(a)(ll), if such services are not available under this Act; 
"(14) transition services that promote or facilitate the 
accomplishment of long-term rehabilitation goals and inter-
mediate rehabilitation objectives; 
"(15) on-the-job or other related personal assistance services 
provided while an individual with a disability is receiving serv-
ices described in this section; and 
"(16) supported emplojmient services.", 
(b) ADDITIONAL VOCATIONAL REHABILITATION SERVICES.—Sec-
tion 103(b) (29 U.S.C. 723(b)) is amended— 
(1) in paragraph (1)— 
(A) by striking "in the case" and inserting "In the 
case"; and 
(B) by striking the semicolon at the end and inserting 
a period; 
(2) in paragraph (2)— 
(A) by striking "the construction" and all that follows 
through "rehabilitation facilities)" and inserting the follow-
ing: "The establishment, development, or improvement of 
community rehabilitation programs, including, imder spe-
cial circumstances, the construction of a facility, and the 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4381 
provision of other services (including services offered at 
community rehabilitation programs)"; 
__ ^^^—^ 
(B) by striking the semicolon at the end and inserting 
a period; and 
(C) by adding at the end the following sentence: "Such 
programs shall be used to provide services that promote 
integration and competitive employment."; 
(3) in paragraph (3)—-
(A) by striking "the use of and inserting "The use 
of; and 
(B) by striking "; and" and inserting a period; 
(4) in paragraph (4), by striking "the use of and inserting 
'The use of; and 
(5) by adding at the end the following paragraph: 
"(5) Technical assistance and support services to businesses 
that are not subject to title I of the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12111 et seq.) and that are seeking 
to employ individuals with disabilities.". 
SEC. 125. NON-FEDERAL SHARE FOR CONSTRUCTION. 
Section 104 (29 U.S.C. 724) is amended— 
(1) by striking "costs of construction or establishment of 
a public or nonprofit rehabilitation facility" and inserting "costs 
of establishment of a community rehabilitation program or 
construction, under special circumstances, of a facility for such 
a program"; and 
(2) by striking "construction or establishment of a facility" 
and inserting "establishment of such a program or construction 
of such a facility". 
SEC. 126. STATE REHABILITATION ADVISORY COUNCIL. 
(a) AMENDMENT.—Part A of title I (29 U.S.C. 720 et seq.) 
is amended by adding at the end the following: 
-SEC. 105. STATE REHABILITATION ADVISORY COUNCIL. 
29 USC 725. 
"(a) ESTABLISHMENT.— 
"(1) IN GENERAL.—^Except as provided in subparagraph (B) 
or (C) of section 101(a)(36), to be eligible to receive financial 
assistance under this title a State shall establish a State 
Rehabilitation Advisory Council (referred to in this section as 
the 'Council') in accordance with this section. 
"(2) SEPARATE AGENCY FOR INDIVIDUALS WHO ARE BUND.— 
A State that designates a State agency to administer the part 
of the State plan under which vocational rehabilitation services 
are provided for individuals who are blind under section 
101(a)(l)(A)(i) may establish a separate Council in accordance 
with this section to perform the duties of such a Coimcil with 
respect to such State agency. 
"(b) COMPOSITION AND APPOINTMENT.— 
"(1) COMPOSITION.—The Coimcil shall be composed of— 
"(A) at least one representative of the Statewide 
Independent Living Coimcil established under section 705, 
which representative may be the chairperson or other des-
ignee of the Council; 
"(B) at least one representative of a parent training 
and information center established pursuant to section 
631(cX9) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1431(c)(9)); 
106 STAT. 4382 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(C) at least one representative of the client assistance 
program established under section 112; 
"(D) at least one vocational rehabilitation counselor, 
with 
knowledge of and experience 
with 
vocational 
rehabilitation programs, who shall serve as an ex officio, 
nonvoting member of the Council if the counselor is an 
employee of the designated State agency; 
"(E) at least one representative of community 
rehabilitation program service providers; 
"(F) four representatives of business, industry, and 
labor; 
"(G) representatives of disability advocacy groups rep-
resenting a cross section of— 
"(i) individuals with physical, cognitive, sensory, 
and mental disabilities; and 
"(ii) parents, family members, guardians, advo-
cates, or authorized representatives of individuals with 
disabilities who have difficulty in representing them-
selves or are unable due to their disabilities to rep-
resent themselves; and 
"(H) current or former applicants for, or recipients 
of, vocational rehabilitation services. 
"(2) Ex OFFICIO MEMBER.—The Director of the designated 
State unit shall be an ex officio member of the Council. 
"(3) APPOINTMENT.—Members of the Council shall be 
appointed by the Governor or the appropriate entity within 
the State responsible for making appointments. The appointing 
authority shall select members after soliciting recommendations 
from representatives of organizations representing a broad 
range of individuals with 
disabilities and organizations 
interested in individuals with disabilities. 
"(4) QUALIFICATIONS.—^A majority of Council members shall 
be persons who are— 
"(A) individuals with disabilities described in section 
7(8)(B);and 
"(B) not employed by the designated State unit. 
"(5) CHAIRPERSON.— 
"(A) IN GENERAL.—Except as provided in subparagraph 
(B), the Council shall select a chairperson from among 
the membership of the Council. 
"(B) DESIGNATION BY GOVERNOR.—In States in which 
the Governor does not have veto power pursuant to State 
law, the Governor shall designate a member of the Council 
to serve as the chairperson of the Council or shall require 
the Council to so designate such a member. 
"(6) TERMS OF APPOINTMENT.— 
"(A) LENGTH OF TERM.—Each member of the Council 
shall serve for a term of not more than 3 years, except 
that— 
"(i) a member appointed to fill a vacancy occurring 
prior to the expiration of the term for which a prede-
, . 
cessor was appointed, shall be appointed for the 
remainder of such term; and 
"(ii) the terms of service of the members initially 
appointed shall be (as specified by the app^nting 
authority) for such fewer number of years as will pro-
vide for the expiration of terms on a staggered basis. 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4383 
"(B) NUMBER OF TERMS.—No member of the Council 
may serve more than two consecutive full terms. 
"(7) VACANCIES.—^Any vacancy occurring in the membership 
of the Council 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 Council. 
"(c) FUNCTIONS OF COUNCIL.—The Council shall— 
"(1) review, analyze, and advise the designated State unit 
regardin^f the performance of the responsibilities of the unit 
under this title, particularly responsibilities relating to— 
"(A) eligibility (including order of selection); 
"(B) the extent, scope, and effectiveness of services 
provided; and 
"(C) functions performed by State agencies that affect 
or that potentially affect the ability of individuals with 
disabilities in achieving rehabilitation goals and objectives 
under this title; 
"(2) advise the designated State agency and the designated 
State unit, and, at the discretion of the designated State agency, 
assist in the preparation of applications, the State plan, the 
strategic plan and amendments to the plans, reports, needs 
assessments, and evaluations required by this title; 
"(3) to the extent feasible, conduct a review and analysis 
of the effectiveness of, and consumer satisfaction with— 
"(A) the functions performed by State agencies and 
other public and private entities responsible for performing 
functions for individuals with disabilities; and 
"(B) vocational rehabilitation services— 
"(i) provided, or paid for from funds made avail-
able, under this Act or through other public or private 
sources; and 
"(ii) provided by State agencies and other public 
and private entities responsible for providing voca-
tional rehabilitation 
services to individuals 
with 
disabilities; 
"(4) prepare and submit an annual report to the Governor Reports, 
or appropriate State entity and the Commissioner on the status 
of vocational rehabilitation programs operated within the State, 
and make the report available to the public; 
"(5) coordinate with other councils within the State, includ-
ing the Statewide Independent Living Council established 
under section 705, the advisory panel established under section 
613(a)(12) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1413(a)(12)), the State Planning Council described 
in section 124 of the Developmental Disabilities Assistance 
and Bill of Rights Act (42 U.S.C. 6024), and the State mental 
health planning council established under section 1916(e) of 
the Public Health Service Act (42 U.S.C. 300x-4(e)); 
"(6) advise the State agency designated under section 
101(a)(1) and provide for coordination and the establishment 
of working relationships between the State agency and the 
Statewide 
Independent 
Living 
Council and centers for 
independent living within the State; and 
"(7) perform such other functions, consistent with the pur-
pose of this title, as the State Rehabilitation Advisory Council 
determines to be appropriate, that are comparable to the other 
functions performed by the Council. 
106 STAT. 4384 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(d) RESOURCES.— 
"(1) PLAN.—^The Council shall prepare, in conjunction with 
the designated State unit, a plan for the provision of such 
resources, including such staff and other personnel, as may 
be necessary to carry out the functions of the Council under 
this section. The resource plan shall, to the maximum extent 
possible, rely on the use of resources in existence during the 
period of implementation of the plan. 
"(2) RESOLUTION OF DISAGREEMENTS.—To the extent that 
there is a disagreement between the Council and the designated 
State unit in regard to the resources necessary to carry out 
the functions of the Council as set forth in this section, the 
disagreement shall be resolved by the Governor or appointing 
agency consistent with paragraph (1). 
"(3) SUPERVISION AND EVALUATION.—Each Council shall, 
consistent with State law, supervise and evaluate such staff* 
and other personnel as may be necessary to carry out its 
fimctions under this section. 
"(4) PERSONNEL CONFLICT OF INTEREST.—While assisting 
the Council in canying out its duties, staff and other personnel 
shall not be assigned duties by the designated State unit or 
any other agency or office of the State, that would create 
a conflict of interest. 
"(e) CONFLICT OF INTEREST.—NO member of the Council shall 
cast a vote on any matter that would provide direct financial 
benefit to the member or otherwise give the appearance of a conflict 
of interest under State law. 
"(f) MEETINGS.—The Council shall convene at least 4 meetings 
a year in such places as it determines to be necessary to conduct 
Council business and conduct such forums or hearings as the Coun-
cil considers appropriate. The meetings, hearings, and forums shall 
be publicly annoimced. The meetings shall be open and accessible 
to the general public unless there is a valid reason for an executive 
session. 
"(g) COMPENSATION AND EXPENSES.—^The Council may use 
funds 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 compensation to a member 
of the Council, if such member is not employed or must forfeit 
wages from other employment, for each day the member is engaged 
in performing the duties of the Council. 
"(h) HEARINGS AND FORUMS.—The Council is authorized to 
hold such hearings and forums as the Council may determine 
to be necessary to carry out the duties of the Council. 
"(i) USE OF EXISTING COUNCILS.—TO the extent that a Stete 
has established a Council before September 30, 1992, that is com-
parable to the Coiuicil described in this section, such established 
Council shall be considered to be in compliance with this section. 
Within 1 year after the date of enactment of the Rehabilitation 
Act Amendments of 1992, such State shall establish a Council 
that complies in full with this section.". 
(b) TECHNICAL AMENDMENT.—The table of contents relating 
to the Act is amended by inserting after the item relating to 
section 104 the following: 
, 
"Sec. 105. State Rehabilitation Advisory Council.". 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4385 
SEC. 127. EVALUATION. 
(a) AMENDMENT.—Part A of title I (29 U.S.C. 720 et seq.) 
(as amended by section 126(a)), is further amended by adding 
at the end the following: 
-SEC. 106. EVALUATION STANDARDS AND PERFORMANCE INDICATORS. 29 USC 726. 
"(a) ESTABLISHMENT.— 
"(1) IN GENERAL.—^The Commissioner shall, not later than 
September 30, 1994, establish and publish evaluation standards 
and performance indicators for tne vocational rehabilitation 
program under this title. 
"(2) MEASURES.—^The standards and indicators 
shall 
include outcome and related measures of program performance 
that facilitate and in no way impede the accomplishment of 
the purpose and policy of this title. 
"(3) COMMENT.—The standards and indicators shall be 
developed with input from State vocational rehabilitation agen-
cies, related professional and consumer organizations, recipi-
ents of vocational rehabilitation services, and other interested 
parties. The Commissioner shall publish in the Federal Register Federal 
a notice of intent to regulate regarding the development of S^blfcation 
proposed standards and indicators. Proposed standards and 
indicators shall be published in the Federal Register for review 
and comment. Final standards and indicators shall be published 
in the Federal Register. 
"(b) COMPLIANCE.— 
"(1) STATE REPORTS.—In accordance with regulations estab-
lished by the Secretary, each State shall report to the Commis-
sioner after the end of each fiscal year the extent to which 
the State is in compliance with the standards and indicators. 
"(2) PROGRAM IMPROVEMENT.— 
"(A) PLAN.—If the Commissioner determines that the 
performance of any State is below established standards, 
the Commissioner shall provide technical assistance to the 
State and the State and the Commissioner shall jointly 
develop a program improvement plan outlining the specific 
actions to be taken by the State to improve program 
performance. 
"(B) REVIEW.—The Commissioner shall— 
"(i) review the program improvement efforts of 
the State on a biannual basis and, if necessary, request 
the State to make further revisions to the plan to 
improve performance; and 
"(ii) continue to conduct such reviews and request 
such revisions imtil the State sustains satisfactory 
performance over a period of more than 1 year. 
"(c) WITHHOLDING.—If the Commissioner determines that a 
State whose performance falls below the established standards has 
failed to enter into a program improvement plan, or is not compl3dng 
substantially with the terms and conditions of such a program 
improvement plan, the Commissioner shall, consistent with sub-
sections (c) and (d) of section 107, reduce or make no further 
pajnnents to the State under this program, until the State has 
entered into an approved program improvement plan, or satisfies 
the Commissioner that the State is complying substantially with 
the terms and conditions of such a program improvement plan, 
as appropriate. 
106 STAT. 4386 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(d) REPORT TO CONGRESS.—Beginning in fiscal year 1996, the 
Commissioner shall include in each annual report to the Congress 
under section 13 an analysis of program performance, including 
relative State performance, based on the standards and indicators. . 
(b) TECHNICAL AMENDMENT.—The table of contents relating 
to the Act is amended by inserting after the item relating to 
section 105 (as added by section 126(b)) the following: 
"Sec. 106. Evaluation standards and performance indicators.". 
SEC. 128. MONITORING AND REVIEW. 
(a) AMENDMENT.—Part A of title I (29 U.S.C. 720 et seq.) 
(as amended by sections 126(a) and 127(a)), is further amended 
by adding at the end the following: 
29 use 727. 
"SEC. 107. MONITORING AND REVIEW. 
"(a) IN GENERAL.— 
"(1) DUTIES.—In carrying out the duties of the Commis-
sioner under this title, the Commissioner shall— 
"(A) provide for the annual review and periodic on-
site monitoring of programs under this title; and 
"(B) determine whether, in the administration of the 
State plan, a State is complying substantially vnth the 
provisions of such plan and with evaluation standards and 
performance indicators established imder section 106. 
"(2) PROCEDURES FOR REVIEWS.—In conducting reviews 
under this section the Commissioner shall consider, at a 
minimimi— 
"(A) State policies and procedures; 
"(B) guidance materials; 
"(C) decisions resulting. from hearings conducted in 
accordance with due process; 
"(D) strategic plans and updates; 
"(E) plans and reports prepared under section 106(b); 
"(F) consumer satisfaction surveys described in section 
101(aX32); 
"(G) information provided by the State Rehabilitation 
Advisory Council established under section 105; 
"(H) reports; and 
"(I) budget and financial management data. 
"(3) PROCEDURES FOR MONITORING.—In conducting monitor-
ing under this section the Commissioner shall conduct— 
"(A) on-site visits, including on-site reviews of records 
to verify that the State is following requirements regarding 
the order of selection set forth in section 101(a)(5)(A); 
"(B) public hearings and other strategies for collecting 
information from the public; 
"(C) meetings with the State Rehabilitation Advisory 
Council; 
"(D) reviews of individual case files, including individ-
ualized written rehabilitation programs and ineligibility 
determinations; and 
"(E) meetings with rehabilitation counselors and other 
personnel. 
(4) AREAS OF INQUIRY.—In conducting the review and mon-
itoring, the Commissioner shall examine— 
"(A) the eligibility process; 
PUBLIC LAW 102-569—OCT. 29, 1992' 
106 STAT. 4387 
"(B) the provision of services, including, if applicable, 
the order of selection; 
"(C) whether the personnel evaluation system described 
in section 101(a)(35) facilitates and does not impede the 
accomplishments of the program; 
"(D) such other areas as may be identified by the 
public or through meetings with the State Rehabilitation 
Advisory Council; and 
"(E) such other areas of inquiry as the Commissioner 
may consider appropriate. 
"(b) TECHNICAL ASSISTANCE.—The Commissioner shall— 
"(1) provide technical assistance to programs under this 
title regarding improving the quality of vocational rehabilitation 
services provided; and 
"(2) provide technical assistance and establish a corrective 
action plan for a program under this title if the Commissioner 
finds that the program fails to comply substantially with the 
provisions of the State plan, or with evaluation standards or 
performance indicators established under section 106, in order 
to ensure that such failure is corrected as soon as practicable. 
"(c) FAILURE TO COMPLY WITH PLAN.— 
"(1) WITHHOLDING PAYMENTS.—Whenever the Commis- Regulations, 
sioner, after providing reasonable notice and an opportunity 
for a hearing to the State agency administering or supervising 
the administration of the State plan approved under section 
101, finds that— 
"(A) the plan has been so changed that it no longer 
complies with the requirements of section 101(a); or 
"(B) in the administration of the plan there is a failure 
to comply substantially with any provision of such plan 
or with an evaluation standard or performance indicator 
established under section 106, 
the Commissioner shall notify such State agency that no further 
payments will be made to the State under this title (or, in 
the discretion of the Commissioner, that such further payments 
will be reduced, in accordance with regulations the Commis-
sioner shall prescribe, or that further payments will not be 
made to the State only for the projects under the parts of 
the State plan affected by such failure), until the Commissioner 
is satisfied there is no longer any such failure. 
"(2) PERIOD.—^Until the Commissioner is so satisfied, the 
Commissioner shall make no further payments to such State 
under this title (or shall reduce payments or limit pavments 
to projects under those parts of the State plan in which there 
is no such failure). 
"(3) DiSBURSAL OF WITHHELD FUNDS.—The Commissioner Regulations. 
may, in accordance with regulations the Secretary shall pre-
scribe, disburse any funds withheld from a State under para-
graph (1) to any public or nonprofit private organization or 
agency within sucn State or to any political subdivision of 
such State submitting a plan meeting the requirements of 
section 101(a). The Commissioner may not make anv pajnnent 
under this paragraph unless the entity to which such pajmtient 
is made has provided assurances to the Commissioner that 
such entity will contribute, for purposes of carrjdng out such 
plkn, the same amount as the State would have been obligated 
to contribute if the State received such payment. 
106 STAT. 4388 
PUBLIC LAW 102-569—OCT. 29, 1992 
Records. 
"(d) REVIEW.— 
"(1) PETITION.—^Any State that is dissatisfied with a final 
determination of the Commissioner imder section 101(b) or 
subsection (c) may file a petition for judicial review of such 
determination in the United States Court of Appeals for the 
circuit in which the State is located. Such a petition may 
be filed only within the 30-day period beginning on the date 
that notice of such final determination was received by the 
State. The clerk of the court shall transmit a copy of the 
petition to the Commissioner or to any ofilcer designated by 
the Commissioner for that purpose. In accordance with section 
2112 of title 28, United States Code, the Commissioner shall 
file with the court a record of the proceeding on which the 
Commissioner based the determination being appealed by the 
State. Until a record is so filed, the Commissioner may modify 
or set aside any determination made under such proceedings. 
"(2) SUBMISSIONS AND DETERMINATIONS.—If, in an action 
under this subsection to review a final determination of the 
Commissioner under section 101(b) or subsection (c), the peti-
tioner or the Commissioner applies to the court for leave to 
have additional oral submissions or written presentations made 
respecting such determination, the court may, for good cause 
shown, order the Commissioner to provide within 30 days an 
additional opportunity to make such submissions and presen-
tations. Within such period, the Commissioner may revise any 
findings of fact, modify or set aside the determination being 
reviewed, or make a new determination by reason of the addi-
tional submissions and presentations, and shall file such modi-
fied or new determination, and any revised findings of fact, 
with the return of such submissions and presentations. The 
court 
shall 
thereafter 
review 
such 
new or 
modified 
determination. 
"(3) STANDARDS OF REVIEW.— 
"(A) IN GENERAL.—^Upon the filing of a petition under 
paragraph (1) for judicial review of a determination, the 
court shall have jurisdiction— 
"(i) to grant appropriate relief as provided in chap-
ter 7 of title 5, United States Code, except for interim 
relief with respect to a determination under subsection 
(c); and 
"(ii) except as otherwise provided in subparagraph 
(B), to review such determination in accordance with 
chapter 7 of title 5, United States Code. 
"(B) SUBSTANTIAL EVIDENCE.—Section 706 of title 5, 
United States Code, shall apply to the review of any deter-
mination under this subsection, except that the standard 
for review prescribed by paragraph (2)(E) of such section 
706 shall not apply and the court shall hold unlawful 
and set aside such determination if the court finds that 
the determination is not supported by substantial evidence 
in the record of the proceeding submitted pursuant to para-
graph (1), as supplemented by any additional submissions 
and presentations filed under paragraph (2).". 
(b) CONFORMING AND TECHNICAL AMENDMENTS.— 
(1) Section 6(c) (29 U.S.C. 705(c)) is amended by striking 
"101" and inserting "107". 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4389 
(2) The table of contents relating to the Act is amended 
by inserting after the item relating to section 106 (as added 
by section 127(b)) the following: 
"Sec. 107. Monitoring and review.". 
SEC. 129. EXPENDITURE OF CERTAIN AMOUNTS. 
(a) AMENDMENT.—Part A of title I (29 U.S.C. 720 et seq.), 
as amended by the preceding sections, is further amended by adding 
at the end the following: 
"SEC. 108. EXPENDITURE OF CERTAIN AMOUNTS. 
29 USC 728. 
"(a) EXPENDITURE.—^Amounts described in subsection (b) may 
not be expended by a State for any purpose other than carrying 
out programs for which the State receives financial assistance under 
this title, under part C of title VI, or under title VII. 
"(b) AMOUNTS.—The amounts referred to in subsection (a) are 
amounts provided to a State under the Social Security Act (42 
U.S.C. 301 et seq.) as reimbursement for the expenditure of pay-
ments received by the State from allotments under section 110 
of this Act.". 
(b) TECHNICAL AMENDMENT.—The table of contents relating 
to the Act is amended by inserting after the item relating to 
section 107 (as added by section 128(b)(2)) the following: 
"Sec. 108. Expenditure of certain amounts.". 
SEC. 130. TRAINING OF EMPLOYERS WITH RESPECT TO AMERICANS 
WITH DISABILITIES ACT OF 1990. 
(a) AMENDMENT.—Part A of title I (29 U.S.C. 720 et seq.), 
as amended by the preceding sections, is further amended by adding 
at the end the following: 
"SEC. 109. TRAINING OF EMPLOYERS WITH RESPECT TO AMERICANS 
29 USC 728a. 
WITH DISABILITIES ACT OF 1990. 
"A State may expend payments received under section 111— 
"(1) to carry out a program to train employers with respect 
to compliance with the requirements of title I of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.); and 
"(2) to inform employers of the existence of the program 
and the availability of the services of the program.". 
(b) TECHNICAL AMENDMENT.—The table of contents relating 
to the Act is amended by inserting after the item relating to 
section 108 (as added by section 129(b)) the following: 
"Sec. 109. Training of employers with respect to Americans with DisabiUties Act of 
1990.". 
SEC. 131. REALLOTMENT. 
(a) 
TERRITORIES.—Section 
110(a) 
(29 
U.S.C. 
730(a)) 
is 
amended— 
(1) in paragraph (3), by striking "and the Trust Territory 
of the Pacific Islands" and inserting "and the Republic of Palau"; 
and 
(2) by adding at the end the following new paragraph: 
"(5) The Republic of Palau may receive allotments or allocations 
under this section only until the Compact of Free Association with 
Palau takes effect" 
(b) REALLOTMENT.—Section 110(c) (29 U.S.C. 730(c)) is amended 
by adding at the end the following: 
106 STAT. 4390 
PUBLIC LAW 102-569—OCT. 29, 1992 
Regulations. 
"(4) If the Commissioner determines, under paragraph (1), that 
any pajnnent of an allotment to a State under section 111(a) for 
any fiscal year will not be utilized by such State in carrying out 
the purposes of this title, the payment shall remain available for 
reallotment to other States until reallotted.". 
(c) RESERVATION.—Section 110(d) (29 U.S.C. 730(d)) is amended 
by striking paragraph (2) and inserting the following: 
"(2) The sum referred to in paragraph (1) shall be, as deter-
mined by the Secretary— 
"(A) not less than one-third of one percent and not more 
than 1.5 percent of the amount under paragraph (1), for fiscal 
years 1993 and 1994; and 
"(B) not less than one-half of one percent and not more 
than 1.5 percent of the amount under paragraph (1), for fiscal 
years 1995, 1996, and 1997.". 
SEC. 132. PAYMENTS TO STATES. 
Section 111(a) (29 U.S.C. 731(a)) is amended— 
(1) in paragraph (1)— 
(A) by striking "(including any additional payment to 
it under section 110(b))*'; and 
(B) by striking "State plan." and inserting "State plan 
and development and implementation of the strategic plan 
as provided in section 101(a)(34)(A). Any State that receives 
such an amount shall expend, for development and 
implementation of the strategic plan, not less than the 
percentage of the allotment of the State referred to in 
section 101(a)(34)(B)."; 
(2) in paragraph (2)— 
(A) in sur paragraph (A), by striking "(and any addi-
tional payment under subsection (b))"; and 
(B) by amending subparagraph (B) to read as follows: 
"(B)(i) For fiscal year 1993, the amount otherwise payable to 
a State for a fiscal year under this section shall be reduced by 
the amount by which expenditures from non-Federal sources under 
the State plan under this title for the previous fiscal year are 
less than the average of the total of such expenditures for the 
3 fiscal years preceding the previous fiscal year. 
"(ii) For fiscal year 1994 and each fiscal year thereafter, the 
amount otherwise payable to a State for a fiscal year under this 
section shall be reduced by the amount by which expenditures 
from non-Federal sources under the State plan under this title 
for the previous fiscal year are less than the total of such expendi-
tures for the second fiscal year preceding the previous fiscal year."; 
and 
(3) by adding at the end the following new paragraph: 
"(3)(A) Except as provided in subparagraph (B), the amount 
of a payment under this section with respect to any construction 
project in any State shall be equal to the same percentage of 
the cost of such project as the Federal share that is applicable 
in the case of rehabilitation facilities (as defined in section 645(g) 
of the Public Health Service Act (42 U.S.C. 291o(a))), in such 
State. 
"(B) If the Federal share with respect to rehabilitation facilities 
in such State is determined pursuant to section 645(b)(2) of such 
Act (42 U.S.C. 291o(b)(2)), the percentage of the cost for purposes 
of this section shall be determined in accordance with regulations 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4391 
prescribed by the Commissioner designed to achieve as nearly as 
practicable results comparable to the results obtained under such 
section.". 
SEC. 133. CLIENT ASSISTANCE PROGRAM. 
(a) ADVOCACY.—Section 112(a) (29 U.S.C. 732(a)) is amended— 
(1) in the first sentence— 
(A) by striking "to assist such clients" and inserting 
"to assist and advocate for such clients"; 
(B) by inserting "and advocacy" after "including assist-
ance"; and 
(C) by inserting before the period in the first sentence 
the following: "and to facilitate access to the services funded 
under this Act through individual and systemic advocac/'; 
(2) by amending the second sentence to read as follows: 
"The client assistance program shall provide information on 
the available services and benefits under this Act and title 
I of the Americans with Disabilities Act of 1990 (42 U.S.C. 
12111 et seq.) to individuals with disabilities in the State, 
especially with regard to individuals with disabilities who have 
traditionally been unserved or underserved by vocational 
rehabilitation programs."; and 
(3) by inserting after the second sentence the following: 
"In providing assistance and advocacy under this subsection 
with respect to services under this title, a client assistance 
program may provide the assistance and advocacy with respect 
to services that are directly related to facilitating the employ-
ment of the individual.". 
(b) REDESIGNATION OF AGENCY.—Section 112(c)(1) (29 U.S.C. 
732(c)(1)) is amended by striking subparagraph (B) and inserting 
the following: 
"(B) The Governor may not redesignate the agency designated 
under subparagraph (A) without good cause and unless— 
"(i) the Governor has given the agency 30 days notice 
of the intention to make such redesignation, including specifica-
tion of the good cause for such redesignation and an opportunity 
to respond to the assertion that good cause has been shown; 
"(ii) individuals with disabilities or their representatives 
have timely notice of the redesignation and opportunity for 
public comment; and 
"(iii) the agency has the opportunity to appeal to the 
Commissioner on the basis that the redesignation was not 
for good cause.". 
(c) MINIMUM STATE ALLOTMENTS.—Section 112(e)(1) (29 U.S.C. 
732(e)(1)) is amended— 
(1) in subparagraph (B), by striking "and the Trust Terri-
tory of the Pacific Islands." and inserting "and the Republic 
of Palau, except that the Republic of Palau may receive such 
allotment under this section only until the Compact of Free 
Association with Palau takes effect."; 
(2) in subparagraph (C), by striking "and the Trust Terri-
tory of the Pacific Islands" and inserting "and the Republic 
of Palau"; and 
(3) in subparagraph (D)— 
(A) in clause (i), by striking "$75,000" and inserting 
"$100,000"; and 
(B) in clause (ii)— 
106 STAT. 4392 
PUBLIC LAW 102-569—OCT. 29, 1992 
(i) by striking "subsection (c)," and inserting 
"clause (i),"; 
(ii) 
by 
striking 
"minimum 
allotment 
under 
subparagraph (A)" and inserting "minimum allotments 
under subparagraphs (A) and (B)"; and 
(iii) by striking "fiscal year by more than" and 
all that follows and inserting "fiscal year.". 
(d) REPORT.—Section 112(g) (29 U.S.C. 732(g)) is amended by 
adding at the end the following new paragraphs: 
"(5) Each such report shall contain information on the 
number of requests the client assistance program under this 
section receives annually, the number of requests such program 
is unable to serve, and the reasons that the program is unable 
to serve all the requests. 
Privacy. 
"(6) For purposes of such report or for any other periodic 
audit, report, or evaluation of the performance of a client assist-
ance program under this section, tne Secretary shall not require 
such a program to disclose the identity of, or any other person-
ally identifiable information related to, any individual request-
ing assistance imder such program.". 
(e) AUTHORIZATION OF APPROPRIATIONS.—Section 112 (29 U.S.C. 
732) is amended— 
(1) by striking subsection (h); 
(2) by redesignating subsection (i) as subsection (h); and 
(3) in subsection (h) (as so redesignated by paragraph (2) 
of this subsection) by striking "$7,100,000" and all that follows 
and inserting "such sums as may be necessary for fiscal years 
1993 through 1997 to carry out the provisions of this section.". 
SEC. 134. INNOVATION AND EXPANSION GRANTS. 
(a) AMENDMENT.—Part C of title I (29 U.S.C. 740 et seq.) 
is amended to read as follows: 
"PART C—INNOVATION AND EXPANSION GRANTS 
29 use 740. 
"SEC. 120. STATE EUGIBILITY. 
"Effective October 1, 1993, any State desiring to receive assist-
ance under this part and part B of this title shall prepare and 
submit to the Commissioner a statewide strategic plan for develop-
ing and using innovative approaches for achieving long-term success 
in expanding and improving vocational rehabilitation services, 
including supported employment services, provided under the State 
plan submitted under section 101 and the supplement to the State 
plan submitted under part C of title VI. 
29 use 741. 
"SEC. 121. CONTENTS OF STRATEGIC PLANS. 
"(a) PURPOSE AND POLICY.—^The strategic plan shall be designed 
to achieve the purpose and policy of this title and carry out the 
State plan and the supplement to the State plan submitted under 
p a r t e of title VI. 
"(b) CONTENTS.—^The strategic plan shall include— 
"(1) a statement of the mission, philosophy, values, and 
principles of the vocational rehabilitation program in the State; 
"(2) specific goals and objectives for expanding and improv-
ing the system for providing the vocational rehabilitation 
: 
program; 
"(3) specific multifaceted and systemic approaches for 
accomplishing the objectives, including interagency coordination 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4393 
and cooperation, that build upon state-of-the-art practices and 
research findings and that implement the State plan and the 
supplement to the State plan submitted imder part C of title 
VI; 
"(4) a description of the specific programs, projects, and 
activities funded under this part and how the programs, 
projects, and activities accomplish the objectives; and 
"(5) specific criteria for determining whether the objectives 
have been achieved, an assurance that the State will conduct 
an annual evaluation to determine the extent to which the 
objectives have been achieved, and, if specific objectives have 
not been achieved, the reasons that the objectives have not 
been achieved and a description of alternative approaches that 
will be taken. 
"SEC. 122. PROCESS FOR DEVELOPING STRATEGIC PLANS. 
29 USC 742. 
"(a) PERIOD AND UPDATES.—^The strategic plan shall cover a 
3-year period and shall be updated on an annual basis to reflect 
actual experience over the previous year and input from the State 
Rehabilitation Advisory Council established under section 105, 
individuals with disabilities, and other interested parties. 
"(b) RECOMMENDATIONS.—Prior to developing the strategic plan, 
the State shall hold public forums and meet with and receive 
recommendations from members of the State 
Rehabilitation 
Advisorv Council and the Statewide Independent Living Council 
established imder section 705. 
"(c) CONSIDERATION OF RECOMMENDATIONS.—The State shall 
consider the recommendations and, if the State rejects the rec-
ommendations, shall include a written explanation of the rejection 
in the strategic plan. 
"(d) PROCEDURE.—The State shall develop a procedure for 
ensuring ongoing comment from the councils described in subsection 
(b) as the plan is being implemented. 
"(e) DISSEMINATION.—The State shall widely disseminate the 
strategic plan to individuals with disabilities, disability organiza-
tions, rehabilitation professionals, and other interested persons. 
"SEC. 123. U S E OF FUNDS. 
29 USC 743. 
"A State may use funds made available under this part, directly 
or by grant, contract, or other arrangement, to carry out— 
"(1) 
programs 
to initiate 
and 
expand 
employment 
opportunities for individuals 
with 
severe 
disabilities in 
integrated settings that allow for the use of on-the-job training 
j 
to promote the objectives of title I of the Americans with 
I 
Disabilities Act of 1990 (42 U.S.C. 12111 et seq.); 
"(2) programs or activities to improve the provision of, 
and expand, emplo3anent services in integrated settings to 
individuals with sensory, cognitive, physical, and mental 
impairments who have traditionally not been served by the 
State vocational rehabilitation agency; 
"(3) programs and activities to maximize the ability of 
individuals with disabilities to use rehabilitation technology 
in employment settings; 
"(4) programs and activities that— 
"(A) assist employers in accommodating, evaluating, 
training, or placing individuals with disabilities in the 
workplace of the employer consistent with provisions of 
106 STAT. 4394 
PUBLIC LAW 102-569—OCT. 29, 1992 
this Act and title I of the Americans with DisabiUties 
Act of 1990; and 
"(B) may include short-term technical assistance or 
other effective strategies; 
"(5) programs and activities that expand and improve the 
extent and type of client involvement in the review and selection 
of the training and employment goals of the client; 
"(6) programs and activities that expand and improve 
opportunities for career advancement for individuals with 
severe disabilities; 
"(7) programs, projects, and activities designed to initiate, 
expand, or improve working relationships between vocational 
rehabilitation services provided under this title and independ-
ent living services provided under title VII; 
"(8) programs, projects, and activities designed to improve 
functioning of the system for delivering vocational rehabilitation 
services and to improve coordination and working relationships 
with other State and local agencies, business, industry, labor, 
community rehabilitation programs, and centers for independ-
ent living, including projects designed to— 
"(A) increase the ease of access to, timeliness of, and 
quality of vocational rehabilitation services through the 
development and implementation of policies, procedures, 
and systems and interagency mechanisms for providing 
vocational rehabilitation services; 
"(B) improve the working relationships between State 
vocational rehabilitation agencies, and other State agencies, 
centers for independent living, community rehabilitation 
programs, educational agencies involved in higher edu-
cation, adult basic education, and continuing education, 
and businesses, industry, and labor organizations, in order 
to create and facilitate cooperation in— 
"(i) planning and implementing services; and 
"(ii) the development of an integrated system of 
community-based vocational rehabilitation service that 
includes appropriate transitions between service sys-
tems; and 
"(C) improve the ability of professionals, clients, advo-
cates, business, industry, and labor to work in cooperative 
partnerships to improve the quality of vocational rehabilita-
tion services and job and career opportunities for individ-
uals with disabilities; 
"(9) support efforts to ensure that the annual evaluation 
of the effectiveness of the program in meeting the goals and 
objectives set forth in the State plan, including the system 
for evaluating the performance of rehabilitation counselors, 
coordinators, and other personnel used in the State, facilitates 
and does not impede the accomplishment of the purpose and 
policy of this title, including serving, among others, individuals 
with the most severe disabilities; 
"(10) support the initiation, expansion, and improvement 
of a comprehensive system of personnel development; 
"(11) support the provision of training and technical assist-
ance to clients, business, industry, labor, community rehabilita-
tion programs, and others regarding the implementation of 
the amendments made by the Rehabilitation Act Amendments 
\ 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4395 
of 1992, of title V of this Act, and of the Americans with 
Disabilities Act of 1990; and 
"(12) support the funding of the State Rehabilitation 
Advisory Council and the Statewide Independent Living Council 
established iinder section 705. 
"SEC. 124. ALLOTMENTS AMONG STATES. 
29 USC 744. 
"(a) IN GENERAL.— 
"(1) STATES.— 
"(A) 
POPULATION 
BASIS.—Except as 
provided 
in 
subparagraph (B), from simis appropriated for each fiscal 
year to carry out this part (not including sums used in 
accordance with section 101(aX34XB)), the Commissioner 
shall make an allotment to each State whose State plan 
has been approved under section 101 of an amount bearing 
the same ratio to such sums as the population of the 
State bears to the population of all States. 
"(B) MiNlMUMS.—Subject to the availability of appro-
priations to carry out this part, the allotment to any State 
under subparagraph (A) snail be not less than $200,000 
or one-third of one 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 $200,000 or 
one-third of one percent of such sums shall be increased 
to the greater of the two amounts. 
"(2) CERTAIN TERRITORIES.— 
"(A) IN GENERAL.—^For the purposes of this subsection, 
Guam, American Samoa, the United States Virgin Islands, 
the Commonwealth of the Northern Mariana Islands, and 
the Republic of Palau 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 made available for purposes 
of this part for the fiscal year for which the allotment 
is made, except that the Republic of Palau may receive 
such allotment under this section only until the Compact 
of Free Association with Palau takes effect. 
"(3) ADJUSTMENT FOR INFLATION.—For purposes of deter-
mining the minimum amoimt of an allotment under paragraph 
dXB), the amount $200,000 shall, in the case of such allotments 
for fiscal year 1994 and subsequent fiscal years, be increased 
to the extent necessary to ofiTset the efiTects of inflation occurring 
since October 1992, as measured by the percentage increase 
in the Consumer Price Index For All Urban Consumers (U.S. 
city average) during the period ending on April 1 of the fiscal 
vear preceding the fiscal year for which the allotment is to 
be made. 
"(b) PROPORTIONAL REDUCTION.—^Amounts necessary to provide 
allotments to States in accordance with subsection (a)(lXB) as 
increased imder subsection (aX3), or to provide allotments in accord-
ance with subsection (aX2XB), shall be derived by proportionately 
reducing the allotments of the remaining States under subsection 
(aXD, but with such adjustments as may be necessary to prevent 
the allotment of any such remaining States from being thereby 
reduced to less than the greater of $200,000 or one-third of one 
percent of the sums made available for purposes of this part for 
106 STAT. 4396 
PUBLIC LAW 102-569—OCT. 29, 1992 
the fiscal year for which the allotment is made, as increased in 
accordance with subsection (aX3). 
"(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 for canying out the provisions 
of this part, the Commissioner shall make such amount available 
for carrying out the purposes of this part to one or more of the 
States that the Commissioner determines will be able to use addi-
tional amoimts during such year for carrjdng out such provisions. 
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 deter-
mined under the preceding provisions of this section) for such 
year.". 
(b) TECHNICAL AMENDMENT.—The table of contents relating 
to the Act is amended by striking the items relating to part C 
of title I and inserting the following: 
"PART C—INNOVATION AND EXPANSION GRANTS 
"Sec. 120. State eligibility. 
"Sec. 121. Contents of strategic plans. 
"Sec. 122. Process for developing strategic plans. 
"Sec. 123. Use of funds. 
"Sec. 124. Allotments among States.". 
SEC. 135. STUDY OF NEEDS OF AMERICAN INDIANS WITH HANDICAPS. 
(a) REPEAL.—Part D of title I is amended by repealing section 
29 use 752. 
131 (29 U.S.C. 751). 
(b) TABLE OF CONTENTS.—The table of contents relating to 
the Act is amended by striking the item relating to section 131. 
29 u s e 712 note. 
SEC. 136. REVIEW OF DATA COLLECTION SYSTEM. 
(a) REVIEW.—^The Commissioner of the Rehabilitation Services 
Administration (in this section referred to as the 'Commissioner') 
shall undertake a comprehensive review of the current system 
for collecting and reporting client data under the Rehabilitation 
Act of 1973 (29 U.S.C. 701 et seq.), particularly data on clients 
of the programs under title I of the Rehabilitation Act of 1973 
(29 U.S.C. 720 et seq.). 
(b) CONSIDERATIONS.— 
(1) IN GENERAL.—In conducting the review, the Commis-
sioner shall examine the kind, quantity, and quality of the 
data that are currently reported, taking into consideration the 
range of purposes that the data serve at the Federal, State, 
and local levels. 
(2) 
DATA 
ELEMENTS.—In conducting the 
review, 
the 
Commissioner shall examine the feasibility of collecting and 
reporting under the system information, if such information 
can be determined, regarding— 
(A) other program participation by clients during the 
3 years prior to application; 
(B) the number of jobs held, hours worked, and earn-
ings received by clients in the 3 years prior to application 
to a program under the Rehabilitation Act of 1973; 
(C) the types of major and secondary disabilities of 
clients; 
(D) the dates of the onset of disabilities of clients; 
(E) the severity of the disabilities of clients; 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4397 
(F) the sources of referral of clients to programs under 
such Act; 
(G) the hours worked by clients; 
(H) the size and industry code of the place of employ-
ment of clients at the time of entry into such a program 
and at the termination of services under the program; 
(I) the number of services provided under the programs 
and the cost of each service; 
(J) the t3rpes of public support received by the clients; 
(K) the primary sources of economic support and 
amounts of public assistance received by the clients before 
and after receiving the services; 
(L) whether the clients are covered by health insurance 
from any source and whether health insurance is available 
through the employment of the client; 
(M) the supported employment status of the client; 
and 
(N) the reasons for terminating the services. 
(c) RECOMMENDATIONS.—Based on the review, the Commis-
sioner shall recommend improvements in the data collection and 
reporting system. 
(d) VIEWS.—In developing the recommendations, the Commis-
sioner shall seek views of persons and entities providing or using 
such data, including State agencies, State Rehaoilitation Advisory 
Councils, providers of vocational rehabilitation services, profes-
sionals in the field of vocational rehabilitation, clients and organiza-
tions representing clients, the National Coimcil on Disability, other 
Federal agencies, non-Federal researchers, other analysts using 
the data, and other members of the public. 
(e) PUBLICATION AND SUBMISSION OF REPORT.—Not later than 
18 months after the date of the enactment of this Act, the Commis-
sioner shall publish the recommendations in the Federal Register 
and shall prepare and submit a report containing the recommenda-
tions to the appropriate committees of Congress. The Commissioner 
shall not implement the recommendations earlier than 90 days 
after the date on which the Commissioner submits the report. 
SEC. 137. EXCHANGE OF DATA. 
29 USC 712 note. 
The Secretary of Education and the Secretary of Health and 
Human Services shall enter into a memorandum of understanding 
for the purpose of exchanging data of mutual importance, regarding 
clients of State vocational rehabilitation agencies, that are contained 
in databases maintained by the Rehabilitation Services Administra-
tion, as required under section 13 of the Rehabilitation Act of 
1973 (29 U.S.C. 712), and the Social Security Administration, from 
its Summary Earnings and Records and Master Beneficiary Records. 
For purposes of the exchange, the Social Security data shall not Privacy, 
be considered tax information and, as appropriate, the confidential-
ity of all client information shall be maintained by both agencies. 
SEC. 138. EFFECTIVE DATE. 
29 USC 701 note. 
(a) EFFECTIVE DATE.—^Except as provided in subsection (b), 
this title and the amendments made by this title shall take effect 
on the date of enactment of this Act. 
(b) STATE PLAN.—^The Secretary of Education shall implement 
the amendments made by section 122 of this Act to section 101 
of the Rehabilitation Act of 1973 (29 U.S.C. 721), as soon as is 
practicable after the date of enactment of this Act, consistent with 
106 STAT. 4398 
PUBLIC LAW 102-569—OCT. 29, 1992 
the effective and efficient administration of the Rehabilitation Act 
of 1973, but not later than October 1, 1993. 
TITLE II—RESEARCH 
SEC. 201. DECLARATION OF PURPOSE. 
Section 200 (29 U.S.C. 760) is amended by striking paragraphs 
(1) through (4) and inserting the following: 
"(1) provide for research, demonstration projects, training, 
and related activities to maximize the full inclusion and integra-
tion into society, employment, independent living, family sup-
port, and economic and social self-sufficiency of individuals 
with disabilities of all ages, with particular emphasis on improv-
ing the effectiveness of services authorized under this Act; 
"(2) provide for a comprehensive and coordinated approach 
to the support and conduct of such research, demonstration 
projects, training, and related activities and to ensure that 
the approach is in accordance with the long-range plan for 
research developed under section 202(g); 
"(3) promote the transfer of rehabilitation technology to 
individuals with disabilities through research and demonstra-
tion projects relating to— 
"(A) the procurement process for the purchase of 
rehabilitation technology; 
"(B) the utilization of rehabilitation technology on a 
national basis; and 
"(C) specific adaptations or customizations of products 
to enable individuals with disabilities to live more 
independently; 
"(4) ensure the widespread distribution, in usable formats, 
of practical scientific and technological information— 
"(A) generated by research, demonstration projects, 
training, and related activities; and 
"(B) regarding state-of-the-art practices, improvements 
in the services authorized under this Act, rehabilitation 
technology, and new knowledge regarding disabilities, 
to rehabilitation professionals, individuals with disabilities, and 
other interested parties; 
"(5) identify effective strategies that enhance the opportuni-
ties of individuals with disabilities to engage in productive 
work; and 
"(6) increase opportunities for researchers who are mem-
bers 
of traditionally 
underserved 
populations, 
including 
researchers who are members of minority groups and research-
ers who are individuals with disabilities.". 
SEC. 202. AUTHORIZATION OF APPROPRIATIONS. 
Section 201(a) (29 U.S.C. 761(a)) is amended— 
(1) in paragraph (1)— 
(A) by striking "other than expenses to carry out sec-
tion 204" and inserting "which shall include the expenses 
of the Rehabilitation Research Advisory Council under sec-
tion 205, and shall not include the expenses of such 
Institute to carry out section 204"; and 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4399 
(B) by striking "fiscal year 1987" and all that follows 
through the semicolon and inserting "each of fiscal years 
1993 through 1997;"; and 
(2) by strifing paragraph (2) and inserting the following: 
"(2) to carry out section 204, such sums as may be necessary 
for each of fiscal years 1993 through 1997.". 
SEC. 203. NATIONAL INSTITUTE ON DISABIUTY AND REHABILITATION 
RESEARCH. 
(a) ESTABLISHMENT.—Section 202(a) (29 U.S.C. 761a(a)) is 
amended— 
(1) in the first sentence— 
(A) by striking "In order" and all that follows through 
"there" and inserting "(1) There"; and 
(B) by striking the period at the end and inserting 
the following: ", in order to— 
"(A) promote, coordinate, and provide for— 
"(i) research; 
"(ii) demonstration projects; and 
"(iii) related activities, 
with respect to individuals with disabilities; 
"(B) more effectively carry out activities through the pro-
grams under section 204; 
"(C) widely disseminate information from the activities 
described in clauses (i) through (iii) of subparagraph (A) and 
subparagraph (B); and 
"(D) provide leadership in advancing the quality of life 
of individuals with disabilities."; and 
(2) by striking the second sentence and inserting the 
following: 
"(2) In the performance of the functions of the office, the Direc-
tor shall be directly responsible to the Secretary or to the same 
Under Secretary or Assistant Secretary of the Department of Edu-
cation to whom the Commissioner is responsible under section 
3(a).". 
(b) RESPONSIBILITIES.—Section 202(b) (29 U.S.C. 761a(b)) is 
amended— 
(1) by striking paragraph (2) and inserting the following: 
"(2) widely disseminating findings, conclusions, and rec-
ommendations, resulting from research, demonstration projects, 
and related activities funded by the Institute, to— 
"(A) other Federal, State, tribal, and local public 
agencies; 
"(B) private organizations engaged in research relating 
to rehabilitation or providing rehabilitation services; 
"(C) rehabilitation practitioners; and 
"(D) individuals with disabilities and the parents, fam-
ily members, guardians, advocates, or authorized represent-
atives of the individuals;"; 
(2) by striking paragraph (4) and inserting the following: 
"(4) widely disseminating 
educational 
materials 
and 
research results, concerning ways to maximize the full inclusion 
and integration into society, employment, independent living, 
family support, and economic and social self-sufficiency of 
individuals with disabilities, to— 
"(A) public and private entities, including— 
106 STAT. 4400 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(i) elementary and secondary schools (as defined 
in paragraphs (8) and (21), respectively, of section 1471 
of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 2891 (8) and (21)); and 
"(ii) institutions of higher education; 
"(B) rehabilitation practitioners; 
"(C) individuals with disabilities (especially 
such 
individuals who are members of minority groups or of 
populations that are unserved or underserved by programs 
under this Act); and 
"(D) the parents, family members, guardians, advo-
cates, or authorized representatives of the individuals;"; 
(3) by striking paragraph (6) and inserting the following: 
"(6) conducting conferences, seminars, and workshops 
(including in-service training programs and programs for 
individuals with disabilities) concerning advances in rehabilita-
tion research and rehabilitation technology, pertinent to the 
full 
inclusion and integration into society, 
employment, 
independent living, family support, and economic and social 
self-sufficiency of individuals with disabilities;"; 
(4) in paragraph (7), by striking "; and" and inserting 
", including dissemination activities;"; 
(5) in paragraph (8)— 
(A) by inserting "the Health Care Financing Adminis-
tration," after "the Bureau of the Census,"; 
(B) by inserting "widely" before "disseminating"; 
(C) by striking "and others to assist in the planning 
and evaluation" and inserting ", individuals with disabil-
ities, the parents, family members, guardians, advocates, 
or authorized representatives of such individuals, and oth-
ers to assist in the planning, assessment, and evaluation"; 
and 
(D) by striking the period at the end and inserting 
a semicolon; and 
(6) by adding at the end the following paragraphs: 
"(9) conducting research on consumer satisfaction with 
vocational rehabilitation services for the purpose of identifying 
effective rehabilitation programs and policies that promote the 
independence of individuals with disabilities and achievement 
of long-term vocational goals; 
"(10) conducting research to examine the relationship 
between the provision of specific services and long-term voca-
tional outcomes; and 
"(11) coordinating activities with the Attorney General 
regarding the provision of information, training, or technical 
assistance regarding the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.) to ensure consistency with the 
plan for technical assistance required under section 506 of 
such Act (42 U.S.C. 12206).". 
tQ\ DIRECTOR 
(1) IN GENERAL.—Section 202(c)(1) (29 U.S.C. 761a(c)(l)) 
is amended— 
(A) in the first sentence, by striking "appointed by 
the President, by and with the advice and consent of the 
Senate." and inserting "appointed by the Secretary, except 
that the person serving as the Director on the date of 
the enactment of the Rehabilitation Act Amendments of 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4401 
1992 may, at the pleasure of the President, continue to 
serve as Director."; and 
(B) by striking the fourth sentence. 
(2) 
QUALIFICATIONS.—Section 
202(c)(2) 
(29 
U.S.C. 
761a(cX2)) is amended— 
(A) by inserting after the first sentence the following: 
"The Deputy Director shall be an individual with substan-
tial experience in rehabiUtation and in research administra-
tion."; 
(B) in the sentence beginning "The Deputy Director 
shall be compensated"— 
(i) by striking "the rate provided for grade GS-
17 of the General Schedule under section 5332" and 
inserting "the rate of pay for level 4 of the Senior 
Executive Service Schedule under section 5382"; and 
(ii) by striking "or disability of the Director" and 
inserting "of the Director or the inability of the Director 
to perform the essential functions of the job"; and 
(C) by striking the last sentence. 
(d) FELLOWSHIPS.—Section 202(d) (29 U.S.C. 761a(d)) is 
amended by inserting ", including individuals with disabilities," 
after "fellows". 
(e) SCIENTIFIC REVIEW.—Section 202(e) (29 U.S.C. 761a(e)) is 
amended— 
(1) by inserting "(1)" after the subsection designation; 
(2) by striking "rehabilitation field." and inserting the 
following: "rehabilitation 
field 
(including experts in the 
independent living field) competent to review research grants 
and 
programs, including knowledgeable individuals 
with 
disabilities, and the parents, family members, guardians, advo-
cates, or authorized representatives of the individuals. The 
Director shall solicit nominations for such peer review groups 
from the public and shall publish the names of the individuals 
selected. Individuals comprising each peer review group shall 
be selected from a pool of qualified individuals to facilitate 
knowledgeable, cost-effective review."; and 
(3) by adding at the end the following: 
"(2) In providing for such scientific review, the Secretary shall 
provide for training of such individuals and mechanisms to receive 
input from individuals with disabilities, and from the parents, fam-
ily members, guardians, advocates, or authorized representatives 
of the individuals.". 
(f) USE OF FUNDS.—Section 202 (29 U.S.C. 761a) is amended 
by striking subsection (f) and inserting the following: 
"(f) Not less than 90 percent of the fimds appropriated under 
this title for any fiscal year shall be expended by the Director 
to carry out activities under this title through grants, contracts, 
or cooperative agreements. Up to 10 percent of the funds appro-
priated under this title for any fiscal year may be expended directly 
for the purpose of carrying out the functions of the Director under 
this section.". 
(g) LONG-RANGE PLAN.—Section 202(g) (29 U.S.C. 761a(g)) is 
amended— 
(1) in the matter preceding paragraph (1), by striking 
"within eighteen months after the effective date of this section , 
(2) in paragraph (1), by striking "problems encountered" 
and all that follows and inserting "full inclusion and integration 
106 STAT. 4402 
PUBLIC LAW 102-569—OCT. 29, 1992 
into society of individuals with disabilities, especially in the 
area of employment;"; 
(3) by striking "and" at the end of paragraph (2); 
(4) by striking the period at the end of paragraph (3) 
and inserting "; and"; and 
(5) by adding at the end the following new paragraphs: 
"(4) be developed in consultation with the Rehabilitation 
Research Advisory Council established under section 205 and 
after full consideration of the input of individuals with disabil-
ities and the parents, family members, guardians, advocates, 
or authorized representatives of the individuals, organizations 
representing individuals with disabilities, providers of services 
furnished under this Act, and researchers in the rehabilitation 
field; 
"(5) specify plans for widespread dissemination of research 
results in accessible formats to rehabilitation practitioners, 
individuals with disabilities, and the parents, family members, 
guardians, advocates, or authorized representatives of the 
individuals; 
"(6) specify plans for widespread dissemination of research 
results that concern individuals with disabilities who are mem-
bers of minority groups or of populations that are unserved 
or underserved by programs under this Act; 
"(7) be developed by the Director— 
"(A) in coordination with the Commissioner; and 
"(B) in consultation with the National Council on 
Disability established under title IV, the Secretary of Edu-
cation, officials responsible for the administration of the 
Developmental Disabilities Assistance and Bill of Rights 
Act (42 U.S.C. 6000 et seq.), the Interagency Committee 
on Disability Research established under section 203, 
individuals with disabilities, the parents, family members, 
guardians, advocates, or authorized representatives of the 
individuals, and any other persons or entities the Director 
considers appropriate; and 
"(8) be revised, in the manner required by this section— 
"(A) at least once every 5 years; and 
"(B) at any time determined to be necessary by the 
Director.", 
(h) 
RESEARCH 
PROGRAM.—Section 
202(i)(2) 
(29 
U.S.C. 
761a(i)(2)) is amended by striking "this section" and inserting "this 
title". 
(i) PEDIATRIC REHABILITATION RESEARCH.—Section 202(j) (29 
U.S.C. 761aq)) is amended— 
(1) in paragraph (1), by striking "for the establishment 
of and inserting "to support"; and 
(2) in paragraphs (2) and (3), by striking "establish" and 
inserting "support". 
(j) REHABILITATION RESEARCHERS.—Section 202(k) (29 U.S.C. 
761a(k)) is amended by striking "researchers" and all that follows 
and inserting the following: "rehabilitation researchers, including 
individuals with disabilities, with particular attention to research 
areas that support the implementation and objectives of this Act 
and that improve the effectiveness of services authorized under 
this Act.". 
(k) RECOMMENDATIONS AND STUDY.—Section 202 (29 U.S.C. 
761a) is amended by striking subsections (1) and (m). 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4403 
SEC. 204. INTERAGENCY COMMITTEE. 
(a) ESTABLISHMENT.—Section 203(a)(1) (29 U.S.C. 761b(aXl)) 
is amended by inserting "the Commissioner of the Rehabilitation 
Services Administration, the Assistant Secretary for Special Edu-
cation and Rehabilitative Services," after "designees): the Director,". 
(b) IDENTIFICATION, ASSESSMENT, AND COORDINATION.—Section 
203(b) (29 U.S.C. 761b(b)) is amended by striking "The" and insert-
ing "After receiving input from individuals with disabilities and 
the parents, family members, guardians, advocates, or authorized 
representatives of the individuals, the". 
(c) REPORT.—Section 203(c) (29 U.S.C. 761b(c)) is amended 
by striking ", not later than" and all that follows through "shall" 
and inserting "shall annually". 
SEC. 205. RESEARCH. 
(a) IN GENERAL.-^ection 204(a) (29 U.S.C. 762(a)) 
is 
amended— 
(1) in the first sentence, by striking "demonstrations," and 
all that follows and inserting "demonstration projects, training, 
and related activities, the purposes of which are to develop 
methods, procedures, and rehabilitation technology, that maxi-
mize the full inclusion and integration into society, emplo3mient, 
independent living, family support, and economic and social 
self-sufficiency 
of individuals with disabilities, 
especially 
individuals with the most severe disabilities, and improve the 
effectiveness of services authorized under this Act. In carrying 
out this section, the Director shall emphasize projects that 
support the implementation of titles I, III, VI, VII, and VIII."; 
and 
(2) in the last sentence— 
(A) by inserting after "Such projects" the following: 
", as described in the State plans submitted by State 
agencies,"; 
(B) by striking "special problems of homebound and 
institutionalized individuals" and inserting "studies and 
analysis of special problems of individuals who are home-
bound and individuals who are institutionalized"; and 
(C) by striking the period at the end and inserting 
the following: ", particularly individuals with disabilities, 
and individuals with the most severe disabilities, who are 
members of populations that are imserved or underserved 
by programs under this Act.". 
(b) RESEARCH ACTIVITIES.—Section 204(b) (29 U.S.C. 762(b)) 
is amended— 
(1) by redesignating paragraphs (4) through (15) as para-
graphs (5) through (16), respectively; 
(2) by strilang the matter preceding paragraph (1) and 
all that follows through para^aph (3) and inserting the 
following: 
"(b)(1) In addition to canying out projects under subsection 
(a), the Director may make grants under this subsection (referred 
to in this subsection as 'research grants') to pay part or all of 
the cost of the specialized research or demonstration activities 
described in paragraphs (2) through (16). 
"(2)(A) Research grants may be used for the establishment 
and support of Rehabilitetion Research and Training Centers, for 
106 STAT. 4404 
PUBLIC LAW 102-569—OCT. 29, 1992 
the purpose of providing an integrated program of research, which 
Centers shall— 
"(i) be operated in collaboration with institutions of higher 
education or providers of rehabilitation services or other appro-
priate services; and 
"(ii) serve as centers of national excellence and national 
or regional resources for providers and individuals with disabil-
ities and the parents, family members, guardians, advocates, 
or authorized representatives of the individuals. 
"(B) The Centers shall conduct research and training activities 
b y -
"(i) conducting coordinated and advanced programs of 
research in rehabilitation targeted toward the production of 
new knowledge that will improve rehabilitation methodology 
and service delivery systems, alleviate or stabilize disabling 
conditions, and 
promote maximum 
social and 
economic 
independence of individuals with disabilities; 
"(ii) providing training (including graduate, pre-service, and 
in-service training) to assist individuals to more effectively 
provide rehabilitation services; 
"(iii) providing training (including graduate, pre-service, 
and in-service training) for rehabilitation research personnel 
and other rehabilitation personnel; and 
"(iv) serving as an informational and technical assistance 
resource to providers, individuals with disabilities, and the 
parents, family members, guardians, advocates, or authorized 
representatives of the individuals, through conferences, work-
shops, public education programs, in-service training programs, 
and similar activities. 
"(C) The research to be carried out at each such Center may 
include— 
"(i) basic or applied medical rehabilitation research; 
"(ii) research regarding the psychological and social aspects 
of rehabilitation, including disability policy; 
"(iii) research related to vocational rehabilitation; 
"(iv) continuation of research that promotes the emotional, 
social, educational, and functional growth of children who are 
individuals with disabilities; 
"(v) continuation of research to develop and evaluate inter-
ventions, policies, and services that support families of those 
children and adults who are individuals with disabilities; and 
"(vi) continuation of research that will improve services 
and policies that foster the productivity, independence, and 
social integration of individuals with disabilities, and enable 
individuals with disabilities, including individuals with mental 
retardation and other developmental disabilities, to live in their 
communities. 
"(D) Training of students preparing to be rehabilitation person-
nel shall be an important priority for such a Center. 
"(E) The Director shall make grants under this paragraph 
to establish and support both comprehensive centers dealing with 
multiple disabilities and centers primarily focused on particular 
disabilities. 
"(F) Grants made under this paragraph may be used to provide 
funds for services rendered by such a Center to individuals with 
disabilities in connection with the research and training activities. 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4405 
"(G) Grants made under this paragraph may be used to provide 
faculty support for teaching— 
"(i) rehabiHtation related courses of study for credit; and 
"(ii) other courses offered by the Centers, either directly 
or through another entity. 
"(H) The research and training activities conducted by such 
a Center shall be conducted in a manner that is accessible to 
and usable by individuals with disabilities. 
"(I) The Director shall encourage the Centers to develop prac-
tical applications for the findings of the research of the Centers. 
"(J) In awarding grants under this paragraph, the Director 
shall take into consideration the location of any proposed Center 
and the appropriate geographic and regional allocation of such 
Centers. 
"(K) To be eligible to receive a grant under this paragraph, 
each such institution or provider shall— 
"(i) be of sufficient size, scope, and quality to effectively 
carry out the activities in an efficient manner consistent with 
appropriate State and Federal law; and 
"(ii) demonstrate the ability to carry out the training activi-
ties either directly or through another entity that can provide 
such training. 
"(L) The Director shall make grants under this paragraph for 
periods of 5 years, except that the Director may make a grant 
for a period of less than 5 years if— 
"(i) the grant is made to a new recipient; or 
"(ii) the grant supports new or innovative research. 
"(M) Grants made under this paragraph shall be made on 
a competitive basis. To be eligible to receive a grant under this 
paragraph, a prospective grant recipient shall submit an application 
to the Director at such time, in such manner, and containing 
such information as the Director may require. 
"(N) The Director shall establish a system of peer review of 
applications for grants under this paragraph. The peer review of 
an application for the renewal of a grant made under this paragraph 
shall take into account the past performance of the applicant in 
canying out the grant and input from individuals with disabilities 
and the parents, family members, guardians, advocates, or author-
ized representatives of the individuals. 
"(O) An institution or provider that receives a grant under 
this paragraph to establish such a Center may not collect more 
than 15 percent of the amount of the grant received by the Center 
in indirect cost charges. 
"(3)(A) Research grants may be used for the establishment 
and support of Rehabilitation Engineering Research Centers, oper-
ated by or in collaboration with institutions of higher education 
or nonprofit organizations, to conduct research or demonstration 
activities, and training activities, regarding rehabilitation tech-
nology, including rehabilitation engineering, assistive technology 
devices, and assistive technology services, for the purposes of 
enhancing opportunities for better meeting the needs of, and 
addressing the barriers confronted by, individuals with disabilities 
in all aspects of their lives. 
"(B) In order to carry out the purposes set forth in subparagraph 
(A), such a Center shall carry out the research or demonstration 
activities by— 
106 STAT. 4406 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(i) developing and disseminating innovative methods of 
applying advanced technology, scientific achievement, and 
psychological and social knowledge to— 
"(I) solve rehabilitation problems and remove environ-
mental barriers through planning and conducting research, 
including cooperative research with public or private agen-
cies and organizations, designed to produce new scientific 
knowledge, and new or improved methods, equipment, and 
devices; and 
"(II) study new or emerging technologies, products, 
or environments, and the effectiveness and benefits of such 
technologies, products, or environments; 
"(ii) demonstrating and disseminating— 
"(I) innovative models for the delivery, to rural and 
urban areas, of cost-effective rehabilitation technology serv-
ices that promote utilization of assistive technology devices; 
and 
"(II) other scientific research to assist in meeting the 
employment and independent living needs of individuals 
with severe disabilities; or 
"(iii) conducting research or demonstration activities that 
facilitate service delivery systems change by demonstrating, 
evaluating, documenting, and disseminating— 
"(I) consumer responsive and individual and family 
centered innovative models for the delivery to both rural 
and urban areas, of innovative cost-effective rehabilitation 
technology services that promote utilization of rehabilita-
tion technology; and 
"(II) other scientific research to assist in meeting the 
employment and independent living needs of, and address-
ing the barriers confronted by, individuals with disabilities, 
including individuals with severe disabilities. 
"(C) To the extent consistent with the nature and type of 
research or demonstration activities described in subparagraph (B), 
each Center established or supported through a grant made avail-
able under this paragraph shall— 
"(i) cooperate with programs established under the Tech-
nology-Related Assistance to Individuals With Disabilities Act 
of 1988 (29 U.S.C. 2201 et seq.) and other regional and local 
programs to provide information to individuals with disabilities 
and the parents, family members, guardians, advocates, or 
authorized representatives of the individuals, to— 
"(I) increase awareness and understanding of how 
rehabilitation technology can address their needs; and 
"(II) increase awareness and understanding of the 
range of options, programs, services, and resources avail-
able, including financing options for the technology and 
services covered by the area of focus of the Center; 
"(ii) provide training opportunities to individuals, including 
individuals 
with 
disabilities, 
to 
become 
researchers 
of 
rehabilitation technology and practitioners of rehabilitation 
technology in conjunction with institutions of higher education 
and nonprofit organizations; and 
"(iii) respond, through research or demonstration activities, 
to the needs of individuals with all types of disabilities who 
may benefit from the application of technology within the area 
of focus of the Center. 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4407 
"(DXi) In establishing Centers to conduct the research or dem-
onstration activities described in subparagraph (BXiii), the Director 
may establish one Center in each of the foUoMdng areas of focus: 
"(I) Early childhood services, including early intervention 
and family support. 
"(11) Education at the elementary and secondary levels, 
including transition 
from 
school to postschool activities. 
"(Ill) Employment, including supported emplo3anent, and 
reasonable accommodations and the reduction of environmental 
barriers as required by the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.) and title V. 
"(IV) Independent living, including transition from institu-
tional to commimity living, maintenance of community living 
on leaving the work force, self-help skills, and activities of 
daily living. 
"(ii) Each Center conducting the research or demonstration 
activities described in subparagraph (BXiii) shall have an advisory 
committee, of which the mcyority of members are individuals with 
disabilities who are users of rehabiUtation technology, and the 
parents, family members, guardians, advocates, or authorized rep-
resentatives of users of rehabilitation technology. 
"(E) Grants made under this paragraph shall be made on 
a competitive basis and shall be for a period of 5 years, except 
that the Director may make a grant for a period of less than 
5 years if— 
"(i) the grant is made to a new recipient; or 
"(ii) the grant supports new or innovative research. 
"(F) To be eligible to receive a grant under this paragraph, 
a prospective grant recipient shall submit an application to the 
Director at such time, in such manner, and containing such informa-
tion as the Director may require. 
"(G) Each Center established or supported through a grant 
made available imder this paragraph shall— 
"(i) cooperate with State agencies and other local. State, 
regional, and national programs and organizations developing 
or delivering rehabilitation technology, including State pro-
grams funded under the Technology-Related Assistance for 
Individuals With Disabilities Act of 1988 (29 U.S.C. 2201 et 
seq.); and 
"(ii) prepare and submit to the Director as part of an Reports, 
application for continuation of a grant, or as a final report, 
a report that documents the outcomes of the program in terms 
of both short- and long-term impact on the lives of individuals 
with disabilities, and such other information as may be 
requested by the Director. 
"(4XA) Research grants may be used to conduct a program 
for spinal cord injury research, including conducting such a program 
by making grants to public or private agencies and organizations 
to pay part or all of the costs of special projects and demonstration 
projects for spinal cord ii\juries, that will— 
"(i) ensure widespread dissemination of research findings 
among all Spinal Cord Injury Centers, to rehabilitation 
practitioners, individuals with spinal cord injury, the parents, 
family members, guardians, advocates, or authorized represent-
atives of such individuals, and organizations receiving financial 
assistance under this paragraph; 
69-194 O—93 
25:QL3(Pt5) 
106 STAT. 4408 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(ii) provide encouragement and support for initiatives and 
new approaches by individual and institutional investigators; 
and 
"(iii) establish and medntain close working relationships with 
other governmental and volimtary institutions and organizations 
engaged in similar efforts in order to unify and coordinate scientific 
efforts, encourage joint planning, and promote the interchange of 
data and reports among spinal cord injury investigations. 
"(B) Any agency or organization carrying out a project or dem-
onstration project assisted by a grant under this paragraph that 
provides services to individuals with spinal cord injuries shall— 
"(i) establish, on an appropriate regional basis, a multidisci-
plinary system of providing vocational and other rehabilitation 
services, specifically designed to meet the special needs of 
individuals with spinal cord injuries, including acute care as 
well as periodic inpatient or outpatient foUowup and services; 
"(ii) demonstrate and evaluate the benefits to individuals 
with spinal cord injuries served in, and the degree of cost 
efTectiveness of, such a regional system; 
"(iii) demonstrate and evaluate existing, new, and improved 
methods and equipment essential to the care, management, 
and rehabilitation of individuals with spinal cord injuries; and 
"(iv) demonstrate and evaluate methods of community out-
reach for individuals with spinal cord injuries and community 
education in connection with the problems of such individuals 
in areas such as housing, transportation, recreation, employ-
ment, and community activities. 
"(C) In awarding grants under this paragraph, the Director 
shall t£ike into account the location of any proposed Spinal Cord 
Injury Center and the appropriate geographic and regional alloca-
tion of such Centers."; 
(3) in paragraphs (5) through (16) (as so redesignated by 
paragraph (1) of this subsection), by striking "Conduct of the 
first place in each such paragraph that the term appears and 
inserting "Research grants may be used to conduct"; 
(4) in paragraph (9) (as so redesignated by paragraph (1) 
of this subsection), to read as follows: 
"(9) Research grants may be used to conduct a program of 
research related to the rehabilitation of children, or older individ-
uals, who are individuals with disabilities, including older American 
Indians who are individuals with disabilities. Such research pro-
gram may include projects designed to assist the adjustment of, 
or maintain as residents in the community, older workers who 
are individuals with disabilities on leaving the work force."; 
(5) in paragraph (12)(A) (as so redesignated by paragraph 
(1) of this subsection), by inserting "assessment," after "early 
intervention,"; and 
(6) in paragraph (13) (as so redesignated by paragraph 
(1) of this subsection)— 
(A) in the matter preceding subparagraph (A), by strik-
ing "developing the employment potential" and inserting 
"addressing the employment needs"; and 
(B) in subparagraph (B), by striking "potential" and 
inserting "needs". 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4409 
SEC. 206. REHABILITATION RESEARCH ADVISORY COUNCIL. 
(a) COUNCIL.—Title II (29 U.S.C. 760 et seq.) is amended by 
adding at the end the following new section: 
"REHABILITATION RESEARCH ADVISORY COUNCIL 
"SEC. 205. (a) ESTABLISHMENT.—Subject to the availability of 29 use 765. 
appropriations, the Secretary shall establish in the Department 
of Education a Rehabilitation Research Advisory Council (referred 
to in this section as the 'Council') composed of 12 members 
appointed by the Secretary. 
"(b) DUTIES.—^The Coimcil shall advise the Director with respect 
to research priorities and the development and revision of the 
long-range plan required by section 202(g). 
"(c) QUALIFICATIONS.—Members of the Council shall be gen-
erally representative of the community of rehabilitation profes-
sionals, the community of rehabilitation researchers, the community 
of individuals with disabilities, and the parents, family members, 
guardians, advocates, or authorized representatives of the individ-
uals. At least one-half of the members shall be individuals with 
disabilities or parents, family members, guardians, advocates, or 
authorized representatives of the individuals. 
"(d) TERMS OF APPOINTMENT.— 
"(1) LENGTH OF TERM.—Each member of the Council shall 
serve for a term of up to 3 years, determined by the Secretary, 
except that— 
"(A) a member appointed to fill a vacancy occurring 
prior to the expiration of the term for which a predecessor 
was appointed, shall be appointed for the remainder of 
such term; and 
"(B) the terms of service of the members initiallv 
appointed shall be (as specified by the Secretary) for sucn 
fewer number of years as will provide for the expiration 
of terms on a staggered basis. 
"(2) NUMBER OF TERMS.—No member of the Coimcil may 
serve more than two consecutive fiill terms. Members may 
serve afiier the expiration of their terms until their successors 
have taken ofiRce. 
"(e) VACANCIES.—Any vacsmcy occiirring in the membership 
of the Council shall be filled in the same manner as the originfu 
appointment for the position being vacated. The vacancy shall not 
affect the power of the remaining members to execute the duties 
of the Council. 
"(f) PAYMENT AND EXPENSES.— 
"(1) PAYMENT.—Each member of the Council who is not 
an officer or full-time employee of the Federal (jrovemment 
shall receive a pavment of $150 for each day (including travel 
time) during which the member is engaged in the performance 
of duties for the Council. All members of the Coimcil who 
are officers or fiill-time employees of the United States shall 
serve without compensation in addition to compensation 
received for their services as officers or employees of the United 
States. 
"(2) TRAVEL EXPENSES.—Each member of the Council may 
receive travel expenses, including per diem in lieu of subsist-
ence, as authorized by section 5703 of title 5, United States 
Code, for employees serving intermittently in the Government 
106 STAT. 4410 
PUBLIC LAW 102-569—OCT. 29, 1992 
service, for each day the member is engaged in the performance 
of duties away from the home or regular place of business 
of the member. 
"(g) DETAIL OP FEDERAL EMPLOYEES.—On the request of the 
Council, the Secretary may detail, with or without reimbursement, 
any of the personnel of the Department of Education to the Council 
to assist the Coimcil in carrying out its duties. Any detail shall 
not interrupt or otherwise affect the civil service status or privileges 
of the Federal employee. 
"(h) TECHNICAL ASSISTANCE.—On the request of the Council, 
the Secretary shall provide such technical assistance to the Council 
as the Council determines to be necessary to carry out its duties. 
"(i) TERMINATION.—Section 14 of the Federal Advisory Commit-
tee Act (5 U.S.C. App.) shall not apply with respect to the Council.". 
(b) TABLE OF CONTENTS.—The table of contents relating to 
the Act is amended by inserting after the item relating to section 
204 the following: 
"Sec. 205. Rehabilitation Research Advisory Council.". 
TITLE III—TRAINING AND 
DEMONSTRATION PROJECTS 
SEC. 301. DECLARATION OF PURPOSE; ORGANIZATION. 
(a) PURPOSE.—Section 300 (29 U.S.C. 770) is amended— 
(1) by redesignating paragraphs (1) through (4) as para-
graphs (4), (3), (2), and (5), respectively; 
(2) by inserting paragraphs (2) and (3) (as so redesignated 
by paragraph (1) of this subsection), respectively, before para-
graph (4) (as so redesignated by paragraph (1) of this 
subsection); 
(3) by inserting before paragraph (2) the following: 
"(1) authorize grants and contracts to— 
"(A) ensure that skilled personnel are available to pro-
vide rehabilitation services to individuals with disabilities 
through vocational, medical, social, and psychological 
rehabilitation programs, through supported employment 
programs, through independent living services programs, 
and through client assistance programs; 
"(B) maintain and upgrade basic skills and knowledge 
of personnel employed to provide state-of-the-art service 
delivery systems and rehabilitation technology services; 
and 
"(C) provide training and information to individuals 
with disabilities, the parents, families, guardians, advo-
cates, and authorized representatives of the individuals, 
and other appropriate parties to develop the skills nec-
essary for individuals with disabilities to access the 
rehabilitation system and to become active decisionmakers 
in the rehabilitation process;**; 
(4) in paragraph (2) (as so redesignated by paragraph (1)) 
by striking "and" at the end; 
(5) in paragraph (3) (as so redesignated by paragraph (1)) 
by striking "training" and inserting "rehabilitation"; and 
(6) in paragraph (4) (as so redesignated by paragraph (1)) 
by striking "construction" and all that follows and inserting 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4411 
"development and improvement of community rehabilitation 
programs; and". 
(b) ORGANIZATION.—Title III (29 U.S.C. 770 et seq.) is 
amended— 
(1) by striking the headin^^s for the title and part A of 
the title and inserting the following: 
"TITLE III—TRAINING AND DEMONSTRATION PROJECTS 
"PART A—TRAINING PROGRAMS AND COMMUNITY REHABILITATION 
PROGRAMS"; 
(2) by striking section 301 (29 U.S.C. 771); 
(3) by redesignating sections 300, 302, 303, and 304 (29 
U.S.C. 770, 772, 773, and 774) as sections 301, 303, 304, and 
29 use 77ia. 
302, respectively; and 
(4) by inserting section 302 (as so redesignated by para-
graph (3) of this subsection) after section 301. 
29 USC 771a. 
(c) CONFORMING AMENDMENTS.—The table of contents relating 
to title III is amended to read as follows: 
"TITLE III—TRAINING AND DEMONSTRATION PROJECTS 
"PART A—TRAINING PROGRAMS AND COMMUNITY REHABILITATION PROGRAMS 
"Sec. 301. Declaration of purpose. 
"Sec. 302. Training. 
"Sec. 303. Vocational rehabilitation services for individuals with disabilities. 
"Sec. 304. Loan guarantees for community rehabilitation programs. 
"Sec. 305. Comprehensive rehabilitation centers. 
"Sec. 306. General grant and contract requirements. 
"PART B—SPECIAL PROJECTS 
"Sec. 310. Authorization of appropriations. 
"Sec. 311. Special demonstration programs. 
"Sec. 312. Migratory workers. 
"Sec. 314. Reader services for individuals who are blind. 
"Sec. 315. Interpreter services for individuals who are deaf. 
"Sec. 316. Special recreational programs.". 
SEC. 302. TRAINING. 
(a) TRAINING GRANTS AND CONTRACTS.— 
(1) CERTAIN PROJECTS.—Section 302(a) (29 U.S.C. 774(a)) 
(as so redesignated by section 301(b)(3)) is amended in the 
29 USC 77ia. 
first sentence— 
(A) in the matter preceding paragraph (1)— 
(i) by inserting after "traineeships, and related 
activities" the following: ", including the provision of 
technical assistance,"; and 
(ii) by inserting ", and other services provided 
under this Act," after "rehabilitation services"; 
(B) in paragraph (1), by striking "specially" and insert-
ing "specifically'; 
((J) in paragraph (2), by inserting before the comma 
at the end the following: ", including needs for rehabilita-
tion technology services , 
(D) in paragraph (3)— 
(i) 
by 
striking 
"comprehensive 
services 
for 
independent living" and inserting "independent living 
services"; and 
(ii) by striking "and" at the end; 
(E) by redesignating paragraph (4) as paragraph (5); 
and 
106 STAT. 4412 
PUBLIC LAW 102-569—OCT. 29, 1992 
(F) by inserting after paragraph (3) the following: "(4) 
personnel specifically trained to deliver services, through 
supported emplojrment programs, to individuals with the 
most severe disabilities, ana'; 
(2) 
CERTAIN 
REQUIREMENTS; 
APPUCATION 
FOR 
ASSIST-
29 use 771a. 
ANCE.—Section 302(a) (29 U.S.C. 774(a)), as amended by para-
graph (1), is amended— 
(A) by striking the second and third sentences; 
(B) by redesignating paragraphs (1) through (5) as 
subparagraphs (A) through (E), respectively; 
(C) by inserting "(1)" after the subsection designation; 
and 
(D) by adding at the end the following paragraphs: 
"(2) Grants and contracts under paragraph (1) may be expended 
for scholarships, with necessary stipends and allowances. 
"(3) In carrying out this subsection, the Commissioner shall 
furnish training regarding the services provided under this Act, 
and, in particular, services provided in accordance with amend-
ments made by the Rehabilitation Act Amendments of 1992, to 
rehabilitation counselors and other rehabilitation personnel. In 
carrying out this subsection, the Commissioner shall also furnish 
training to such counselors and personnel regarding the applicabil-
ity of section 504 of this Act, title I of the Americans with Disabil-
ities Act of 1990, and the provisions of titles II and XVI of the 
Social Security Act that are related to work incentives for individ-
uals with disabilities. 
Colleges and 
"(4) The Commissioner, in carrying out this subsection, shall 
Minorkier 
make grants to Historically Black Colleges and Universities and 
other institutions of higher education whose minority student enroll-
ment is at least 50 percent. 
"(5) No grant shall be awarded under this section unless the 
applicant has submitted an application to the Commissioner in 
such form, and in accordance with such procedures, as the Commis-
sioner may require. Any such application shall include a detailed 
description of strategies that will be utilized to recruit and train 
persons so as to reflect the diverse populations of the United States, 
as part of the effort to increase the number of individuals with 
disabilities, and individuals who are members of minority groups, 
who are available to provide rehabilitation services.". 
29 use 771a. 
(b) PROJECTS.—Section 302(b) (29 U.S.C. 774(b)) is amended— 
(1) by striking paragraph (1) and inserting the following: 
"(1)(A) In making such grants or contracts, the Commissioner 
shall target fimds made available for any year to areas of personnel 
shortage. 
"(B) Projects described in subsection (a) may include— 
"(i) projects to train personnel in the areas of vocational 
rehabilitation counseling, rehabilitation technology, rehabilita-
tion medicine, rehabilitation nursing, rehabilitation social work, 
rehabilitation psychiatry, rehabilitation psychology, rehabilita-
tion dentistry, physical therapy, occupational therapy, speech 
pathology and audiology, physical education, therapeutic recre-
ation, community rehabilitation programs, or prosthetics and 
orthotics; 
"(ii) projects to train personnel to provide— 
"(I) services to individuals with specific disabilities or 
specific impediments to rehabilitation, including individ-
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4413 
uals who are members of populations that are unserved 
or imderserved by programs under this Act; 
"(11) job development and job placement services to 
individuals with disabilities; 
"(III) supported emplojrment services, including serv-
ices of employment 
specialists for 
individuals 
with 
disabilities; 
"(IV) specialized services for individuals with severe 
disabilities; or 
"(V) recreation for individuals with disabilities; and 
"(iii) projects to train personnel in other fields contributing 
to the rehabilitation of individuals with disabilities."; and 
(2) in paragraph (3)(A)— 
(A) by inserting ", for any academic year beginning 
after June 1, 1992," after "who receives a scholarship"; 
and 
(B) by striking clause (i) and inserting the following: 
"(i) maintain employment— 
"(I) in a nonprofit rehabilitation agency or related 
agency or in a State rehabilitation agency or related agency, 
including a professional corporation or professional practice 
group through which the individual has a service arrange-
ment with the designated State agency; 
"(II) on a full- or part-time basis; and 
"(III) for a period of not less than the full-time equiva-
lent of 2 years for each year for which assistance under 
this section was received, 
within a period, beginning after the recipient completes the 
training for which the scholarship was awarded, of not more 
than the sum of the number of years in the period described 
in subclause (III) and 2 additional years; and", 
(c) TECHNICIAN TRAINING; CAREER ADVANCEMENT AND COM-
PETENCY-BASED 
TRAINING.—Section 
302 
(29 
U.S.C. 
774) 
is 29USC77ia. 
amended— 
(1) by redesignating subsections (d) through (f) as sub-
sections (f) through (h), respectivelv; and 
(2) by inserting 
after 
subsection 
(c) the 
following 
subsections: 
"(d) In canying out subsection (a), the Commissioner shall 
award two grants to States, public or nonprofit private agencies 
and organizations, and institutions of higher education to support 
the development of rehabilitation technician programs. Such pro-
grams shall be designed to train local employees, who are recruited 
from or reside in a community historically unserved or underserved 
by programs providing vocational rehabilitation services under this 
Act, to De liaisons between the community and vocational rehabilita-
tion counselors. The rehabilitation technician pro-am shall provide 
a mechanism through which individuals with disabilities residing 
in remote, isolated settings can successfully access vocational 
rehabilitation services. 
"(e)(1) In carrying out subsection (a), the Commissioner shall 
award two grants to States, public or nonprofit private agencies 
and organizations, and institutions of higher education to support 
the formation of consortia or partnerships of public or nonprofit 
private entities for the purpose of providing opportunities for career 
advancement or competency-based training to current employees 
of public or nonprofit private agencies that provide services to 
106 STAT. 4414 
PUBLIC LAW 102-569—OCT. 29, 1992 
Urban and 
rural areas. 
Contracts. 
29 u s e 771a. 
individuals with disabilities. Such opportunities shall include certifi-
cate or degree granting programs in vocational rehabilitation serv-
ices and related services. 
"(2) An entity that receives a grant under paragraph (1) may 
use the grant for piirposes including— 
"(A) establishing a program with an institution of higher 
education to develop creative new programs and coursework 
options, or to expand existing programs, concerning the fields 
of vocational rehabilitation services and related services, 
including— 
"(i) providing release time for faculty and staff for 
curriculum development; and 
"(ii) paying for instructional costs and startup and 
other program development costs; 
"(B) establishing a career development mentoring program 
using faculty and professional staff members of participating 
agencies as role models, career sponsors, and academic advisors 
for experienced State, city, and county employees, and volun-
teers, who— 
"(i) have demonstrated a commitment to working in 
the fields described in clause (i); and 
"(ii) are enrolled in a program relating to such a field 
at an institution of higher education; 
"(C) supporting a wide range of programmatic and research 
activities aimed at increasing opportunities for career advance-
ment and competency-based training in such fields; and 
"(D) identifying existing public or private agency and labor 
union personnel policies and benefit programs that may facili-
tate the ability of employees to take advantage of higher 
education opportunities, such as leave time and tuition 
reimbursement. 
"(3) In m£iking grants for projects under paragraph (1), the 
Commissioner shall ensure that the projects shall be geographically 
distributed throughout the United States in urban and rural areas. 
"(4) The Commissioner shall, for the purpose of providing tech-
nical assistance to States or entities receiving grants imder para-
graph (1), enter into a cooperative agreement through a separate 
competition with an entity that has successfully demonstrated the 
capacity and expertise in the education, training, and retention 
of employees to serve individuals with disabilities through the use 
of consortia or partnerships estabUshed for the purpose of retraining 
the existing work force and providing opportunities for career 
enhancement. 
"(5) The Commissioner may conduct an evaluation of projects 
funded under this subsection. 
"(6) During the period in which an entity is receiving financial 
assistance under paragraph (1), the entity may not receive financial 
assistance under paragraph (4).". 
(d) OFFICE OF DEAFNESS AND COMMUNICATIVE DISORDERS.— 
Section 302(f) (29 U.S.C. 774(f)) (as so redesignated by subsection 
(c)) is amended— 
(1) in paragraph (1)— 
(A) in the first sentence— 
(i) by striking "deaf individuals'* and inserting 
"individuals who are deaf and individuals who are 
deaf-blind"; 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4415 
(ii) by striking "Office of Information and 
Resources for Individuals With Disabilities" and insert-
ing "Office of Deafness and Communicative Disorders"; 
and 
(iii) by striking "grants under this section" and 
inserting "grants"; and 
(B) by striMng the second sentence; and 
(2) in paragraph (2)— 
(A) in the matter preceding subparagraph (A), by strik-
ing "this section" and inserting "paragraph (1)"; 
(B) in subparagraph (B), by striking "deaf individuals" 
and inserting "individuals who are deaf and individuals 
who are deaf-blind"; 
(C) in subparagraph (C), by adding "and" after the 
semicolon at the end; 
(D) by striking subparagraph (D); and 
(E) by redesignating subparagraph (E) as subpara-
graph (D). 
(e) COMPENSATION OF EXPERTS AND CONSULTANTS.—Section 
302(g) (29 U.S.C. 774(g)) (as so redesignated by subsection (c)) 29USC77ia. 
is amended— 
(1) in paragraph (1), by striking "rehabilitation facilities" 
and inserting "community rehabilitation programs"; 
(2) in paragraph (2), by striking "the daily rate payable 
for grade GS-18 of the General Schediile imder section 5332" 
and inserting "the daily equivalent of the rate of pay for level 
4 of the Senior Executive Service Schedule under section 5382"; 
and 
(3) by adding at the end the following: 
"(3XA) Subject to subparagraph (B), at least 15 percent of 
the swoas appropriated to carry out this section shall be allocated 
to designated State agencies to be used, directly or indirectly, for 
projects for in-service training of rehabilitation personnel, including 
projects designed— 
"(i) to address recruitment and retention of qualified 
rehabilitation professionals; 
"(ii) to provide for succession planning; 
"(iii) to provide for leadership development and capacity 
building; and 
"(iv) for fiscal years 1993 and 1994, to provide training 
regarding the amendments to this Act made by the Rehabilita-
tion Act Amendments of 1992. 
"(B) If the allocation to designated State agencies required 
by subparagraph (A) would result in a lower level of fimding for 
projects being carried out on the date of enactment of the Rehabilita-
tion Act Amendments of 1992 by other recipients of funds under 
this section, the Commissioner may allocate less than 15 percent 
of the simis described in subparagraph (A) to designated State 
agencies for such in-service training.". 
(f) RELATIONSHIP TO TRAINING AcrnvmES.—Section 302 (29 
U.S.C. 774) (as amended by subsection (c)) is amended by adding 29 U
S
C 77la. 
at the end the following: 
"(iXD Consistent with paragraph (2), and consistent with the 
general authority set forth in this section to 
ftmd 
training activities, 
nothing in this Act shall be construed to prohibit the Commissioner 
fi*om exercising authority under this title, or making available 
106 STAT. 4416 
PUBLIC LAW 102-569—OCT. 29, 1992 
funds appropriated to carry out this title, to fund the training 
activities described in section 803. 
"(2) If the amount of funds appropriated for a fiscal year to 
carry out this section exceeds the amount of funds appropriated 
for the preceding fiscal year to carry out this section, adjusted 
by the percent by which the average of the estimated gross domestic 
product fixed-weight price index for that fiscal year differs from 
that estimated index for the preceding fiscal year, the amount 
of the excess shall be treated as if the excess were appropriated 
under title YIII.". 
SEC. 303. COMMUNITY REHABILITATION PROGRAMS FOR INDIVID-
UALS WITH DISABIUTIES. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 303(a) (29 
U.S.C. 772(a)) (as so redesignated by section 301(bX3)) is amended 
by striking "1987" and all that follows and inserting "1993 through 
1997.". 
(b) ESTABLISHMENT.—Section 303(b) (29 U.S.C. 772(b)) is 
amended— 
"
^
^ 
(1) in paragraph (1)— 
(A) by striking "training services" and 
inserting 
"rehabilitation services or employment support services"; 
and 
(B) by striking "rehabilitation facilities" and inserting 
"community rehabilitation programs"; 
(2) in paragraph (2)— 
(A) by striking subparagraph (A) and inserting the 
following: 
"(A) For purposes of this section, vocational rehabilitation serv-
ices shall include— 
"(i) training with a view toward career advancement; 
"(ii) training (including on-the-job training) in occupational 
skills; and 
"(iii) services, including rehabilitation technology services, 
personal assistance services, and supported employment serv-
ices and extended services, that— 
"(I) are related to training described in clause (i) or 
(ii); and 
"(II) are required by the individual to engage in such 
training."; and 
(B) in subparagraph (B)— 
(i) by inserting after "(B)" the following new sen-
tence: "Pursuant to regulations, payment of weekly 
allowances may be made to individuals receiving voca-
tional rehabilitation services and related services under 
this section."; 
(ii) in the second sentence (as placed pursuant 
' 
to clause (i) of this subparagraph), by striking ", and 
such allowances" and all that follows and inserting 
a period; and 
(iii) in the last sentence— 
(I) by striking "training services" and inserting 
"vocational rehabilitation services"; and 
(II) by striking "gainful and suitable" and 
inserting "competitive"; and 
(3) in paragraph (3)— 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4417 
(A) in subparagraph (A), by striking "gainful and suit-
able employment" ana inserting "competitive employment, 
or to place or retain such individual in competitive 
employment"; 
(B) in subparagraph (B)— 
(i) by striking "suitable for and"; 
(ii) by strikin|^ "training each place the term 
appears and inserting "vocational rehabilitation"; and 
(iii) by striking "rehabilitation facility" and insert-
ing "community rehabilitation pro-am"; 
(C) in subparagraph (C), by striking "training" and 
inserting "vocationalrenabilitation"; and 
(D) in subparagraph (D), by striking "rehabilitation 
facility and the training" and inserting "community 
rehabilitation program ana the vocational rehabilitation . 
(c) ADDITIONAL GRANTS.—Section 303 (29 U.S.C. 772) is 
amended— 
(1) by redesignating subsection (c) as subsection (d); 
(2) by inserting after subsection (b) the following: 
"(c) The Commissioner is also authorized to make grants, upon 
applications approved by the designated State agency, to public 
or nonprofit agencies, institutions, or organizations to assist them 
in meeting the cost of planning commimity rehabilitation programs, 
the cost of the services to be provided by such programs, and 
initial staffing costs of such programs."; and 
(3) in subsection (aXD (as so redesignated by paragraph 
(1)>-
(A) by striking "rehabilitation facilities" and inserting 
"commimity rehabilitation programs"; and 
(B) by striking "such facilities" and inserting "such 
programs . 
(d) CONFORMING AMENDMENT.—The heading of section 303 (29 
U.S.C. 772) is amended by striking "TRAINING" and inserting 
"REHABILITATION". 
SEC. 304. LOAN GUARANTEES. 
Section 304 (29 U.S.C. 773) (as so redesignated by section 
301(b)(3)) is amended— 
(1) in the heading for the section, by striking "REHABILITA-
TION FACILITIES" and inserting "
C
O
M
M
U
N
I
T
Y REHABILITATION 
PROGRAMS"; 
(2) in subsection (a), by striking "facilities for" and inserting 
"community rehabilitation ; and 
(3) in subsection (b)— 
(A) by inserting "under special circumstances and" 
after "may,"; and 
(B) by striking "rehabilitation facilities" and inserting 
"facilities for community rehabilitation programs". 
SEC. 305. COMPREHENSIVE REHABILITATION CENTERS. 
Section 305 (29 U.S.C. 775) is amended— 
(1) in subsection (dXD, by striking "facility" and inserting 
"center"; and 
(2) in subsection (g), by striking "1987," and all that follows 
and inserting "1993 through 1997.". 
SEC. 
3
0
6
. 
GENERAL 
GRANT 
AND 
CONTRACT 
REQUIREMENTS. 
Section 306 (29 U.S.C. 776) is amended— 
106 STAT. 4418 
PUBLIC LAW 102-569—OCT. 29, 1992 
(1) in subsection (a), by striking "section 302" and inserting 
"section 303"; 
(2) in subsection (bX4), by striking "rehabilitation facilities" 
and 
inserting 
"facilities 
for 
community 
rehabilitation 
programs"; 
(3) in subsection (f), by striking "rehabilitation facility" 
and inserting "facility for a community rehabilitation program"; 
and 
(4) in subsection (h), by striking "establishing facilities" 
and inserting "developing or improving community rehabilita-
tion programs". 
SEC. 307. AUTHORIZATION 
OF APPROPRIATIONS 
FOR 
SPECIAL 
PROJECTS AND SUPPLEMENTARY SERVICES. 
Section 310 (29 U.S.C. 777) is amended— 
(1) by striking "(a)" after "310."; 
(2) by striking "and 316" and inserting "312, and 316"; 
(3) by striking "$15,860,000" and all that follows and insert-
ing "such sums as may be necessary for each of fiscal years 
1993 through 1997."; and 
(4) by striking subsection (b). 
SEC. 308. SPECIAL DEMONSTRATION PROGRAMS. 
(a) GRANTS.—Section 311(a) (29 U.S.C. 777a(a)) is amended— 
(1) in paragraph (1)— 
(A) by striking "and, where appropriate, constructing 
facilities"; and 
(B) by striking "blind or deaf individuals," and all 
that follows and inserting the following: "individuals who 
are members of populations that are unserved or under-
served by the programs under this Act, individuals who 
are blind, and individuals who are deaf,"; 
(2) in paragraph (2), by striking "new careers);" and insert-
ing "new careers and career advancement);"; 
(3) in paragraph (3), by striking "and, where appropriate, 
renovating and constructing facilities"; and 
(4) by striking the matter after and below paragraph (4). 
(b) CERTAIN REQUIREMENTS.—Section 311 (29 U.S.C. 777a) is 
amended by striking subsection (b) and redesignating subsections 
(c) through (e) as subsections (b) through (d), respectively. 
(c) SPECIAL PROJECTS AND DEMONSTRATIONS PROVIDING SUP-
PORTED EMPLOYMENT.—Section 311(c) (29 U.S.C. 777a(d)) (as so 
redesignated by subsection (b)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A)— 
(i) by striung "rehabilitation facilities" and insert-
ing "community rehabilitation programs"; and 
(ii) by inserting before the period the following: 
", including continuation of determinations of the 
effectiveness of natural supports or other alternatives 
- to providing extended emplojonent services"; 
(B) in subparagraph (B)— 
> 
(i) by strilang "and" before "(iii)"; and 
(ii) in clause (iii), by striking "community-based 
rehabilitation facilities" and inserting "community 
rehabilitation programs"; and 
(C) by adding at the end the following subparagraph: 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4419 
"(C) Not less than two such grants shall serve individuals 
who either are low-functioning and deaf or low-functioning and 
hard-of-hearing."; 
(2) in paragraph (3XA), by striking ", 1988, and on each 
subsequent June 1 and inserting "of each year"; and 
(3) in paragraph (4), by striking "$9,000,000" and all that 
follows and inserting "such sums as may be necessary for 
each of fiscal years 1993 through 1997.". 
(d) MODEL STATEWIDE TRANSITIONAL PLANNING SERVICES.— 
Section 311(d) (29 U.S.C. 777a(e)) (as so redesignated by subsection 
(b)) is amended— 
(1) by striking paragraph (3); 
(2) by redesignating paragraphs (4) and (5) as paragraphs 
(3) and (4), respectively; 
(3) in paragraph (3XA) (as redesignated by paragraph (2) 
of this subsection)— 
(A) by striking clause (ii); and 
(B) by striking the clause designation; and 
(4) in paragraph (4) (as redesignated by paragraph (2) 
of this subsection), by striking "$450,000" and all that follows 
and inserting "such sums as may be necessary for each of 
the fiscal years 1993 through 1997.". 
(e) 
EDUCATIONAL AND VOCATIONAL REHABILITATION DEM-
ONSTRATION PROJECTS REGARDING LOW-FUNCTIONING.—Section 311 
(29 U.S.C. 777a), as amended by subsection (b), is amended by 
adding at the end the following new subsection: 
"(eXD The Commissioner may make grants to public or private 
institutions to pay for the cost of developing special projects and 
demonstration projects to address the general education, counseling, 
vocational training, work transition, supported emplo3rment, job 
placement, followup, and community outreach needs of individuals 
who are either low-fimctioning and deaf or low-functioning and 
hard-of-hearing. Such projects shall provide educational and voca-
tional rehabilitation services that are not otherwise available in 
the region involved and shall maximize the potential of such individ-
uals, including individuals who are deaf and have additional severe 
disabilities. 
"(2) The Commissioner shall monitor the activities of the recipi-
ents of grants imder this subsection to ensure that the recipients 
carry out the projects in accordance with paragraph (1), that the 
recipients coordinate the projects as described in paragraph (3), 
and that information about innovative methods of service delivery 
developed by such projects is disseminated. 
"(3) The Commissioner shall prepare and submit an annual Reports. 
report to Congress that includes an assessment of the manner 
in which the recipients carrying out the projects coordinate the 
projects with projects carried out by other public or nonprofit agen-
cies serving individuals who are deaf, to expand or improve services 
for such individuals.". 
(f) RELATIONSHIP TO SPECIAL DEMONSTRATION PROGRAMS.—Sec-
tion 311 (29 U.S.C. 777a), as amended by subsection (e), is amended 
by adding at the end the following new subsection: 
"(fXl) Consistent with paragraph (2), and consistent with the 
general authority set forth in this section to fund special demonstra-
tion programs, projects, and activities, nothing in this Act shall 
be construed to prohibit the Commissioner from exercising authority 
under this title, or making available funds appropriated to carry 
out this title, to fund programs, projects, and activities described 
in section 802. 
106 STAT. 4420 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(2) If the amount of funds appropriated for a fiscal year to 
carry out this section exceeds the amount of funds appropriated 
for the preceding fiscal year to carry out this section, adjusted 
hy the percent by which the average of the estimated gross domestic 
product fixed-weight price index for that fiscal year differs from 
that estimated index for the preceding fiscal year, the amount 
of tiie excess shall be treated as if the excess were appropriated 
imder title VUL". 
SEC. 309. MIGRATORY WORKERS. 
(a) COLLABORATION.—The first sentence of section 312 (29 
U.S.C. 777b) is amended— 
(1) by mserting "(af after "312.'*; and 
(2) by inserting "to nonprofit agencies working in collabora-
tion with such State agency," after section 101,". 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 312 (29 U.S.C. 
777b) is amended by adding at the end the following new subsection: 
"(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for fiscal years 1993 through 1997 such simis 
as may be necessary to carry out this section.". 
SEC. 810. SPECIAL RECREATIONAL PROGRAMS. 
(a) GRANTS.—Section 316(a) (29 U.S.C. 777fl[a)) is amended— 
(1) in paragraph (1)— 
(A) in the first sentence— 
(i) by striking "part or all" and inserting "the Fed-
eral share"; and 
(ii) by inserting "employment," before "mobility,"; 
and 
(B) in the second sentence, by inserting "vocational 
skills development," before "leisure education,^ 
(2) in paragraph (2), by striking "a minimum of a three-
year period." and inserting "a period of not more than 3 years. 
Such a grant shall not be renewable, except that the Commis-
sioner may renew such a grant if the Commissioner determines 
that the grant recipient will continue to develop model or 
innovative programs of exceptional merit or will contribute 
substantially to the development or improvement of special 
recreational programs in other locations."; 
(3) in paragraph (3), by striking "to be made, and that" 
and all that follows and inserting "to be made."; and 
(4) by adding at the end the following new paragraphs: 
"(4) To be eligible to receive a grant under this section, a 
State, agency, or organization shall submit an application to the 
Commissioner at such time, in such manner, and containing such 
information as the Commissioner may require, including a descrip-
tion o
f
— 
"(A) the manner in which the findings and resvilte of the 
project will be made generally available; and 
"(B) the means by which the service program will be contin-
ued after Federal assistance ends. 
"(5) Recreation programs funded under this section shall main-
tain, at a minimum, the same level of services over a 3-year project 
period. 
"(6) The Commissioner shall, not later than 180 days after 
the date of enactment of the Rehabilitetion Act Amendmente of 
1992, develop means to objectively evsduate, and encourage the 
replication of, activities assisted by this section. 
Reports. 
"(7) The Commissioner shall require each recipient of a grant 
under this section to annually prepare and submit a report on 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4421 
the results of the activities assisted by the grant. The Commissioner 
shall not make financial assistance available to a grant recipient 
for a subsequent year until the Commissioner has received and 
evaluated such a report from the recipient regarding the current 
year. 
"(8) The Commissioner shall annually issue and provide for Reports, 
the dissemination of a report describing the findings and results 
of programs fimded by this section. 
"(9) The Federal share of the costs of the recreation progrtims 
shall be 100 percent for the first year of the grant, 75 percent 
for the second year, and 50 percent for the third year.". 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 316(b) (29 
U.S.C. 777£(b)) is amended by striking "$2,330,000" and all that 
follows and inserting "such sums as may be necessary for each 
of the fiscal years 1993 through 1997.". 
TITLE IV—NATIONAL COUNCIL ON 
DISABILITY 
SEC. 401. ESTABUSHMENT OF NATIONAL COUNCIL ON DISABILITY. 
(a) IN GENERAL.—Section 400(a) (29 U.S.C. 780(a)) is 
amended— 
(1) in paragraph (1)— 
(A) by inserting «(A)" afl»r "(1)"; 
(B) b^ inserting after the first sentence the following: 
"(B) The President shalTselect members of the National Council 
after soliciting recommendations 
fi*om 
representatives o
f
— 
"(i) organizations representing a broad range of individuals 
with disabilities; and 
"(ii) organizations interested in individuals with disabil-
ities. 
"(C) The members of the Nationcd Council shall be individuals 
with disabilities or individuals who have substantial knowledge 
or experience relating to disability policy or programs."; 
(C) in the last sentence, by stnking "At least five 
members" and inserting "A msnority of the members"; and 
(D) by adding at the end tne following sentence: "The 
members of the National Council shall he broadly rep-
resentative of minority and other individuals and groups."; 
and 
(2) by striking paragraph (2) and inserting the following: 
"(2) The purpose of the National Council is to promote policies, 
programs, practices, and procedures that— 
"(A) guarantee equal opportimity for all individuals with 
disabilities, regardless of the nature or severity of the disability; 
and 
"(B) empower individuals with disabilities to achieve eco-
nomic self-sufficiency, independent living, and inclusion and 
integration into all aspects of society.". 
(b) TERMS.—Section 400(b) (29 U.S.C. 780(b)) is amended— 
(1) by striking paragraph (1) and inserting the following: 
"(1) Each member of the National Coimcil shall serve for a 
term of 3 years, except that the terms of service of the members 
initially appointed after the date of enactment of the RehabiUtation, 
Comprehensive Services, and Developmental Disabilities Amend-
ments of 1978 shall be (as specified Inr the President) for such 
fewer number of years as will provide for the expiration of terms 
on a staggered basis."; and 
106 STAT. 4422 
PUBLIC LAW 102-569—OCT. 29, 1992 
(2) bv striking paragraph (2) and inserting the following: 
"(2XA) No member of the Coimcil may serve more than two 
consecutive full terms beginning on the date of initial service on 
the Council. Members may serve after the expiration of their terms 
until their successors have taken ofEice. 
''(B) As used in this paragraph: 
"(i) The term 'full term* means a term of 3 years, 
"(ii) The term 'date of initial service' means, with respect 
to a member, the date on which the member is sworn m.". 
SEC. 402. DUTIES OF NATIONAL COUNCIL. 
(a) DUTIES.—Section 401(a) (29 U.S.C. 781(a)) is amended— 
(1) by striking paragraph (1) and inserting the foUovdng: 
"(1) provide advice to the Director with respect to the 
policies and conduct of the National Institute on Disability 
and Rehabilitation Research, including ways to improve 
research concerning individuals with disabilities and the meth-
ods of collecting and disseminating findings of such research;"; 
(2) by redesignating paragraphs (4), (5), (6), (7), and (8) 
as paragraphs (5), (6), (8), (9), and (10); 
(3) by inserting after paragraph (3) the following 
paragraph: 
^4) provide advice regarding priorities for the activities 
of the Interagency Disability Coordinating Council and review 
the recommendations of such Council for legislative and 
administrative changes to ensure that such recommendations 
are consistent with the purposes of the Council to promote 
the full integration, independence, and productivity of individ-
ucds with disabilities;"; 
(4) in paragraph (5) (as so redesignated by paragraph (2) 
of this subsection)— 
(A) in subpara^aph (A), by striking "all policies, pro-
grams, and activities and inserting "policies, programs, 
practices, and procedures"; 
(B) in subparagraph (B), by inserting "and regulations" 
after "statutes ; and 
(C) in the matter following subparagraph (B), by strik-
ing "activities, and statutes" and inserting "practices, proce-
dures, statutes, and regulations"; 
V 
(5) in paragraph (6) (as so redesignated by paragraph (2) 
of this subsection), by striking "and activities" and all that 
follows and inserting "practices, and procedures facilitate or 
impede the promotion or the policies set forth in subparagraphs 
(A) and (B) of section 400(aX2);"; 
(6) by inserting after paragraph (6) (as redesignated by 
paragrapn (2) of this subsection) the following paragraph: 
^7) gather information about the implementation, effective-
ness, and impact of the Americans with Disabilities Act of 
1990 (42 U.S.(5.12101 et seq.);"; 
(7) in paragraph (8) (as so redesignated by paragraph (2) 
of this subsection), to read as follows: 
"(8) make recommendations to the President, the Congress, 
the Secretary, the Director of the National Institute on Disabil-
ity and Rehabilitation Research, and other officials of Federal 
agencies, respecting ways to better promote the policies set 
forth in section 400(aX2);"; 
(8) in paragraph (9) (as so redesignated by paragraph (2) 
of this subsection), to read as follows: 
Repo'^- 
"(9) not later than March 31 of each year, prepare and 
submit to the Congress and the President a report containing 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4423 
a summary of the activities and accomplishments of the Council 
with respect to the duties described in paragraphs (1) through 
(8);"; 
(9) in paragraph (10) (as redesignated by paragraph (2) 
of this subsection), by strUdng the period and inserting "; and"; 
and 
(10) by adding at the end the following: 
"(11) review and evaluate on a contmmng basis new and 
emer^ng disability policv issues affecting individuals with 
disabilities at the Federal, State, and local levels, and in the 
private sector, including the need for and coordination of adult 
services, access to personal assistance services, school reform 
efforts and the impact of such efforts on individuals with 
disabilities, access to health care, and policies that operate 
as disincentives for the individuals to seek and retain 
employment.". 
(b) REPORT.—Section 401(b) (29 U.S.C. 781(b)) is amended to 
read as follows: 
"(bXD Not later than October 31,1993, and annually thereafter, 
the National Council shall prepare and submit to the President 
and the appropriate committees of the Congress a report entitled 
'National Disability Policy: A Progress Report. 
''(2) The report shall assess the status of the Nation in achieving 
the policies set forth in section 40(KaX2), with particular focus 
on the new and emerging issues impacting on the lives of individuals 
with disabilities. The report shall present, as appropriate, available 
data on health, housing, employment, insurance, transportation, 
recreation, training, prevention, early intervention, and education. 
Tlie report shall include recommendations for policy change. 
"(3) In determining the issues to focus on and the findings, 
conclusions, and recommendations to include in the report, the 
Council shall seek input from the public, particularly individuals 
with disabilities, representatives oi organizations representing a 
broad range of individuals with disabilities, and organizations and 
agencies interested in individuals with disabilities.". 
SEC. 403. COMPENSATION OF NATIONAL COUNCIL MEMBERS. 
Section 402(a) (29 U.S.C. 782(a)) is amended by striking "rate 
of basic pay payable for grade GS-18 of the General Schedule 
imder section 5332" and inserting "rate of pay for level 4 of the 
Senior Executive Service Schedule under section 5382". 
SEC. 404. STAFF OF NATIONAL COUNCIL. 
Section 403(bXl) (29 U.S.C. 783(bXl)) is amended by striking 
"annual rate of basic pay payable for grade GS-18 of the GenercQ 
Schedule under section 5332" and inserting "rate of pay for level 
4 of the Senior Executive Service Schedule under section 5382". 
SEC. 40S. ADMINISTRATIVE POWERS OF NATIONAL COUNCIL. 
Section 404 (29 U.S.C. 784) is amended by adding at the end 
the following subsection: 
"(e) The National Coimcil may use, with the consent of the 
agencies represented on the Interagency Disability Coordinating 
Council, and as authorized in title V, such services, personnel, 
information, and facilities as may be needed to carry out its duties 
under this title, with or without reimbursement to such agencies.". 
SEC. 406. AUTHORIZATION OF APPROPRIATIONS. 
Section 405 (29 U.S.C. 785) is amended by striking "1987" 
and all that follows and inserting "1993 through 1997.". 
106 STAT. 4424 
PUBLIC LAW 102-569—OCT. 29, 1992 
TITLE V—RIGHTS AND ADVOCACY 
SEC. SOI. RIGHTS AND ADVOCACY. 
(a) TITLE.—Title V (29 U.S.C. 790 et secj.) is amended by 
striking the title heading and inserting the following: 
TITLE V—RIGHTS AND ADVOCACY". 
(b) TABLE OF CONTENTS.—The table of contents relating to 
the Act is amended by striking the item relating to the title heading 
for title V and inserting the following: 
TITLE V—RIGHTS AND ADVOCACY". 
SEC. 502. EFFECT ON EXISTDfG LAW. 
(a) REPEAL.—Title V (29 U.S.C. 790 et seq.) is amended by 
29 use 790. 
repealing section 500. 
(b) TABLE OF CONTENTS.—The table of contents relating to 
the Act is amended by striking the item relating to section 500. 
SEC. 503. EMPLOYMENT OF n«n>IVIDUALS WITH DISABHJTIES. 
(a) ESTABUSHMENT,—Section 501(a) (29 U.S.C. 791(a)) is 
amended— 
(1) in the first sentence, by striking "the Secretary of Veter-
ans Affairs, and** and inserting "the Director of the Office 
of Personnel Management, the Secretary of Veterans Affairs"; 
and 
(2) by amending the second sentence to read as follows: 
"Either the Director of the OfGce of Personnel Management 
and the Chairman of the Commission shedl serve as co-chair-
persons of the Committee or the Director or Chairman shall 
serve as the sole chairperson of the Committee, as the Director 
and Chairman jointly determine, from time to time, to be 
appropriate.". 
(b) STANDARDS.—Section 501 (29 U.S.C. 791) is amended by 
adding at the end the following new subsection: 
"(g) The standards used to determine whether this section 
has been violated in a complaint alleging nonaffirmative action 
employment discrimination under this section shall be the stand-
ards applied under title I of the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 
501 through 504, and 510, of the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12201-12204 and 12210), as such sections relate 
to employment.". 
SEC. 504. REFERENCES TO THE ARCHITECTURAL AND TRANSPOR-
TATION BARRIERS COMPLIANCE BOARD. 
(a) ACCESS BOARD.—Section 502 (29 U.S.C. 792) is amended— 
(1) in the matter preceding subpara^aph (A) of subsection 
(aXD, by striking "tne TBoard'" and mserting "the 'Access 
Board'"; 
(2) by striking "the Board" each place the term appears 
and inserting "the Access Board"; and 
(3) by striking "The Board" each place the term appears 
and inserting "The Access Board". 
(b) COMPOSITION.—Section 502(a) (29 U.S.C. 792(a)) of the Act 
is amended— 
(1) in psiragraph (1)— 
(A) in subparagraph (A)— 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4425 
(i) by striking Twelve** and inserting Thirteen**; 
and 
(ii) by striking ''six*' and inserting "at least a mtgor-
ity'*;and 
(B) in subparagraph (B), by inserting after clause (xi) 
the following: 
"(xii) Department of Commerce."; 
(2) in paragraph (2XA)— 
(A) in the first sentence— 
(i) by inserting "(i)** after "(A)**; and 
(ii) by striking "three years'* and inserting "4 years, 
except as provided in clause (ii)"; 
(B) m the second sentence, by striking "four" and 
inserting "at least three"; and 
(C) by adding at the end the following: 
"(iiXD One member appointed for a term beginning December 
4.1992 shall serve for a term of 3 years. 
"(II) One member appointed for a term beginning December 
4.1993 shall serve for a term of 2 years. 
"(Ill) One member appointed for a term beginning December 
4.1994 shall serve for a term of 1 year. 
"(IV) Members appointed for terms beginning before December 
4,1992 shall serve for terms of 3 years."; 
(3) in paragraph (3), by striking "such an" and inserting "a 
Federal"; and 
(4) in paragraph (5XA), by striking "the daily rate pre-
scribed for GS-18 under section 5332" and inserting "the daily 
equivalent of the rate of pay for level 4 of the Senior Executive 
Service Schedule under section 5382". 
(c) FUNCTION.—Section 502(b) (29 U.S.C. 792(b)) is amended 
to read as follows: 
"(b) It shall be the function of the Access Board to— 
"(1) ensure compliance with the standards prescribed 
pursuant to the Act entitled 'An Act to ensure that certain 
buildings financed with Federal fiinds are so designed and 
constructed as to be accessible to the physically handicapped', 
approved August 12, 1968 (commonly known as the Architec-
tural Barriers Act of 1968; 42 U.S.(J. 4151 et seq.) (including 
the application of such Act to the United States Postal Service), 
including enforcing all standards imder such Act, and ensuring 
that all waivers and modifications to the standards are based 
on findings of fact and are not inconsistent with the provisions 
of this section; 
"(2) develop advisory guidelines for, and provide appro-
priate technical assistance to, individuals or entities with rights 
or duties under regulations prescribed pursuant to this title 
or titles II and III of the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12131 et seq. and 12181 et seq.) with 
respect to overcoming architectural, transportation, and 
commtmication barriers; 
"(3) establish and maintain minimum guidelines and 
requirements for the standards issued pursuant to the Act 
commonly known as the Architectural Barriers Act of 1968 
and titles II £uid III of the Americans with Disabilities Act 
of 1990; 
"(4) promote accessibility throughout all segments of 
socie^; 
"(5) investigate and examine alternative approaches to the 
architectural, transportation, communication, and attitudinal 
barriers confronting individuals with disabilities, particularly 
106 STAT. 4426 
PUBLIC LAW 102-569—OCT. 29, 1992 
with respect to telecommunications devices, public buildings 
and monimients, parks and parklands, public transportation 
(including air, water, and surface transportation, whether inter-
state, forei^, intrastate, or local), and residential and institu-
tional housing; 
"(6) determine what measures are being taken by Federal, 
State, and local governments and bv other public or nonprofit 
agencies to eUminate the barriers described in para^apn (5); 
"(7) promote the use of the International Accessibility Sym-
bol in all public facilities that are in compliance with the 
standards prescribed by the Administrator of General Services, 
the Secretary of Defense, and the Secretary of Housing and 
Urban Development pursuant to the Act commonly known as 
the /^chitectural Barriers Act of 1968; 
Reports. 
"(8) make to the President and to the Congress reports 
that shall describe in detail the results of its investigations 
under paragraphs (5) and (6); 
"(9) make to the President and to the Congress such rec-
ommendations for legislative and administrative changes as 
the Access Board determines to be necessanr or desirable to 
eliminate the barriers described in paragraph (5); and 
Handicapped. 
"(10) ensure that public conveyances, including rolling 
stock, are readily accessible to, and usable by, individuals with 
physical disabilities.". 
(d) INVESTIGATIONS AND HEARINGS.—Section 502(d) (29 U.S.C. 
792(d)) is amended— 
(1) in paragraph (1), in the first sentence— 
(A) by striking "In carrying out" and all that follows 
through "shall conduct" and inserting "The Access Board 
shall conduct"; and 
(B) bv striking "insure" and inserting "ensure"; and 
(2) by striking paragraph (3). 
(e) 
INTERAGENCY AGREEMENTS.—Section 502(f) (29 U.S.C. 
792(f)) is amended— 
(1) by striking "(f) The departments" and inserting the 
following: 
"(fKlXA) In carrying out the technical assistance responsibil-
ities of the Access Board under this section, the Board may enter 
into an interagency agreement with another Federal department 
or agency. 
"(B) Any funds appropriated to such a department or agency 
for the purpose of providing technical assistence may be transferred 
to the Access Board. Any fimds appropriated to the Access Board 
for the purpose of providing such tecnmcal assistance may be trans-
ferred to such department or agency. 
"(C) The Access Board may arrange to carry out the technical 
assistance responsibilities of the Board under this section through 
such other departments and agencies for such periods as the Board 
determines to be appropriate. 
"(D) The Access Board shall esteblish a procedure to ensure 
separation of its compliance and technical assistance responsibilities 
under this section. 
"(2) The departmente"; and 
(2) in the second sentence of paragraph (2) (as so designated 
by paragraph (1) of this subsection)— 
(A) by striking "subsection" and inserting "paragraph"; 
(B) by striking "Secretar)^" and inserting "Chcdr-
person"; and 
(C) by striking "the daily pay rate for a person 
employed as a GS-18 under section 5332" and inserting 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4427 
'Hie daily equivalent of the rate of pay for level 4 of 
the Senior Executive Service Schedule under section 5382". 
(£) REPORT.—Section 502(g) (29 U.S.C. 792(g)) is amended— 
(1) by inserting "(1)" after the subsection designation; 
(2) in paragraph (1) (as so designated by paragraph (1) 
of this subsection)— 
(A) in the second sentence, by striking "clauses (5) 
and (6) of subsection (b) of this section" and inserting 
"paragraphs (8) and (9) of such subsection"; and 
(B) by striking the third sentence and all that follows; 
and 
(3) by adding at the end the following: 
"(2) The Access Board shall, at the same time that the Access 
Board transmits the report required under section 7(b) of the Act 
commonly known as the Architectural Barriers Act of 1968 (42 
U.S.C. 4157(b)), transmit the report to the Committee on Education 
and Labor of the House of Representatives and the Committee 
on Labor and Human Resources of the Senate.". 
(g) REPORT CONTAINING ASSESSMENT.—Section 502(h) (29 
U.S.C. 792(h)) is amended— 
(1) by striking paragraph (1); 
(2) by redesignating paragraph (2) as paragraph (1); 
(3) in paragraph (1) (as so redesignated by paragraph (2) 
of this subsection), by striking the second and third sentences; 
and 
(4) by adding at the end the following paragraph: 
"(2XA) The Access Board may accept, hold, administer, and 
utilize gifts, devises, and bequests of property, both real and per-
sonal, for the purpose of ending and facilitating the functions of 
the Access Board imder paragraphs (5) and (7) of subsection (b). 
Gifts and bequests of money and proceeds from sales of other 
property received as gifts, devises, or bequests shall be deposited 
in the Treasury and shall be disbursed upon the order of the 
Chairperson. Property accepted pursuant to this section, and the 
proceeds thereof, shall be used as nearly as possible in accordance 
with the terms of the gifts, devises, or bequests. For purposes 
of Federal income, estate, or gift taxes, property accepted under 
this section shall be considered as a gift, devise, or bequest to 
the United States. 
"(B) The Access Board shall publish regulations setting forth Regulations. 
the criteria the Board will use in determining whether the accept-
ance of gifts, devises, and bequests of property, both real and 
personal, would reflect unfavorably upon the ability of the Board 
or any employee to carry out the responsibilities or official duties 
of the Board in a fair and objective manner, or would compromise 
the integrity of or the appearance of the integrity of a Government 
program or any ofticial involved in that program.". 
(h) AUTHORIZATION OF APPROPRIATIONS.—Section 502(i) (29 
U.S.C. 792(i)) is amended by striking "fiscal years 1987 through 
1992" and all that follows and inserting "fiscal years 1993 through 
1997.". 
SEC. 508. EMPLOYMENT UNDER FEDERAL CONTRACTS. 
(a) CONTRACTS.—Section 503(a) (29 U.S.C. 793(a)) is amended— 
(1) by striking "$2,500" each place the term appears and 
mserting "$10,000"; and 
(2) in the first sentence, by striking ", in employing persons 
to carry out such contract,". 
106 STAT. 4428 
PUBLIC LAW 102-569—OCT. 29, 1992 
(b) WAIVER.—Section 503(c) (29 U.S.C. 793(c)) is amended— 
(1) by inserting "(ir after "(c)"; and 
(2) ^ adding at the end the following: 
'X2XA) The Secretary of Labor may waive the requirements 
of the afSrmative action clause required by regulations promulgated 
under subsection (a) with respect to any of a prime contractor's 
or subcontractor's facilities that are found to be in all respects 
separate and distinct from activities of the prime contractor or 
subcontractor related to the performance of the contract or sub-
contract, if the Secret€ury of Labor also finds that such a waiver 
will not interfere with or impede the effectuation of this Act. 
"(B) Such waivers shall be considered only upon the request 
Regulations. 
of the contractor or subcontractor. The Secretary of Labor shall 
promulgate regulations that set forth the standards used for grant-
mg such a waiver.". 
(c) STANDARDS AND PROCEDURES.—Section 503 (29 U.S.C. 793) 
is amended by adding at the end the following: 
"(d) The standards used to determine whether this section 
has been violated in a complaint alleging nonciSirmative action 
employment discrimination under this section shall be the stand-
ards applied under title I of the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 
501 through 504, and 510, of the Americans with Disabilities Act 
of 1990 (42 U.S.C. 12201-12204 and 12210), as such sections relate 
to employment. 
"(e) The Secretary shall develop procedures to ensure that 
administrative complaints filed under this section and imder the 
Americans with Disabilities Act of 1990 are dealt with in a manner 
that avoids duplication of effort and prevents imposition of inconsist-
ent or conflictmg standards for the same requirements under this 
section and the Americans with Disabilities Act of 1990.". 
SEC. S06. NONDISCRIMINATION UNDER FEDERAL GRANTS AND PRO-
GRAMS. 
Section 504 (29 U.S.C. 794) is amended by adding at the end 
the following new subsection: 
"(d) The standards used to determine whether this section 
has been violated in a complaint alleging employment discrimina-
tion under this section shall be the standards applied under title 
I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 
et seq.) and the provisions of sections 501 through 504, and 510, 
of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201-
12204 and 12210), as such sections relate to employment.". 
SEC. 507. SECRETARIAL RESPONSIBILITIES. 
(a) ACCESS.—Subsections (a) and (c) of section 506 (29 U.S.C. 
794b) are amended by inserting "Access" before '^oard" each place 
the term appears. 
(b) COMMUNITY REHABILITATION PROGRAMS.—Section 506(aXl) 
(29 U.S.C. 794b(aXl)) is amended by striking "rehabilitation facili-
ties" and inserting "community rehabiUtation programs". 
(c) COMPENSATION.—Section 506(b) (29 U.S.C. 794b(b)) is 
amended by striking "the rate of basic pay payable for grade GS-
18 of the General Schedule, under section 5332" and inserting 
"the rate of pay for level 4 of the Senior Executive Service Schedule 
under section 5382". 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4429 
(d) 
CONFORMING AMENDMENT.—Section 506(c) (29 
U.S.C. 
794b(c)) is amended by striking "502(hX2r and inserting "502(hXl)''. 
SEC. S08. INTERAGENCY DISABILITY COORDINATING COUNCIL. 
(a) IN GENERAL.—Section 507 (29 U.S.C. 794c) is amended 
to read as follows: 
'^EC. 607. INTERAGENCY DISABIUTY COORDINATING COUNCIL. 
"(a) ESTABLISHMENT.—There is hereby established an Inter-
agency Disability Coordinating Council (hereafter in this section 
referred to as the 'Council') composed of the Secretary of Education, 
the Secretary of Health and Himian Services, the Secretary of 
Labor, the Secretary of Housing and Urban Development, the Sec-
retary of Transportation, the Assistant Secretary of the Interior 
for Indian Affairs, the Attorney General, the Director of the Office 
of Personnel Management, the Chairperson of the Equal Employ-
ment Opportunity Commission, the Chairperson of the Architectural 
and Transportation Barriers Compliance Board, and such other 
officials as may be designated by the President. 
"(b) DUTIES.—The Council shall— 
"(1) have the responsibility for developing and implement-
ing agreements, policies, and practices designed to maximize 
effort, promote efficiency, and eliminate conflict, competition, 
duplication, and inconsistencies among the operations, func-
tions, and jurisdictions of the various departments, agencies, 
and branches of the Federal Grovemment responsible for the 
implementation and enforcement of the provisions of this title, 
and the regulations prescribed thereunder; 
"(2) be responsible for developing and implementing agree-
ments, policies, and practices designed to coordinate operations, 
functions, and jurisdictions of the various departments and 
agencies of the Federal Government responsible for promoting 
the full integration into society, independence, and productivity 
of individuals with disabilities; and 
"(3) carrv out such studies and other activities, subject 
to the availaoility of resources, with advice from the National 
Council on Disability, in order to identify methods for over-
coming barriers to integration into society, independence, and 
productivity of individuals with disabilities. 
"(c) REPORT.—On or before July 1 of each year, the Interagency 
Disability Coordinating Council shall prepare and submit to the 
President and to the Congress a report of the activities of the 
Council designed to promote and meet the employment needs of 
individuals with disabilities, together with such recommendations 
for legislative and administrative changes as the Council concludes 
are desirable to further promote this section, along with any com-
ments submitted by the National Council on Disability as to the 
effectiveness of such activities and recommendations in meeting 
the needs of individuals with disabilities. Nothing in this section 
shall impair any responsibilities assigned by any Executive order 
to anv Federal department, agency, or instrumentality to act as 
a lead Federal agency with respect to any provisions of this title.". 
(b) TECHNICAL AMENDMENT.—The table of contents relating 
to the Act is amended by striking the item relating to section 
507 and inserting the following item: 
"Sec. 507. Interagency Disability Coordinating Council.". 
106 STAT. 4430 
PUBLIC LAW 102-569—OCT. 29, 1992 
SEC. 508. ELECTRONIC AND INFORMATION TECHNOLOGY ACCES-
SIBILmr GUIDELINES. 
(a) GUIDELINES.—Section 508 (29 U.S.C. 794d) is amended to 
read as follows: 
"SEC. S08. ELECTRONIC AND INFORMATION TECHNOLOGY ACCES-
SIBILITY GUIDELINES. 
"(a) GUIDELINES.—^The Secretary, through the Director of the 
National Institute on Disability ana Rehabilitation Research, and 
the Administrator of the General Services Administration, in con-
sultation with the electronics and information technology industry 
and the Interagenqr Council on Accessible Technology, shall develop 
and establish guidelines for Federal agencies for electronic and 
information technology accessibiUty desired to ensure, regardless 
of the tjr^ of medium, that individuals with disabilities can produce 
information and data, and have access to information and data, 
comparable to the information and data, and access, respectively, 
of individuals who are not individuals with disabilities. Such guide-
Unes shall be revised, as necessary, to reflect technological advances 
or changes. 
"(b) COMPLIANCE.—^Each Federal agency shall comply with the 
guidelines established under this section.". 
(b) TABLE OF CONTENTS.—The table of contents relating to 
the Act is amended by striking the item relating to section 508 
and inserting the following: 
"Sec. 508. Electronic and information technology accessibility guidelines.". 
SEC. 510. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS. 
(a) IN GENERAL.—Title V (29 U.S.C. 790 et seq.) is amended 
by adding at the end the following new section: 
29 use 794e. 
'9EC. 50B. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS. 
"(a) PURPOSE.—The purpose of this section is to support a 
system in each State to protect the legal and human n^ts of 
individuals with disabilities who— 
"(1) are ineligible for cUent assistance programs under sec-
tion 112; and 
"(2) are inehgible for protection and advocacy programs 
under part C of the Developmental Disabilities Assistance and 
Bill of Rights Act (42 U.S.C. 6041 et seq.) and the Protection 
and Advocacy for Mentally 1
1
1 Individuals Act of 1986 (42 
U.S.C. 10801 et seq.). 
"(b) APPROPRIATIONS LESS THAN $5,500,000.— 
"(1) ALLOTMENTS.—^For any fiscal year in which the amoimt 
appropriated to carry out this section is less than $5,500,000, 
the Commissioner may make grants from such amount to 
eligible systems within States to plan for, develop outreach 
strategies for, and carry out protection and advocacy programs 
authorized tmder this section for individuals with disabilities 
who meet the requirements of paragraphs (1) and (2) of sub-
section (a). 
"(2) OTHER JURISDICTIONS.—For the purposes of this sub-
section, Guam, American Samoa, the United States Virgin 
Islands, the Commonwealth of the Northern Mariana Islands, 
and the RepubHc of Palau shall not be considered to be Stetes. 
"(c) APPROPRIATIONS OF $5,500,000 OR MORE.— 
"(1) TECHNICAL ASSISTANCE.—For any fiscal year in which 
the amount appropriated to carry out this section equals or 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4431 
exceeds $5,500,000, the Commissioner shall set aside not less 
than 1.8 percent and not more than 2.2 percent of the amoimt 
to provide training and technical assistance to the systems 
established under mis section. 
**(2) ALLOTMENTS.—^For any such fiscal year, after the res-
ervation required by paragraph (1) has been made, the Commis-
sioner shall make allotments from the remainder of such 
amount in accordance with paragraph (3) to eligible systems 
within States to enable such systems to carry out protection 
and advocacy programs authorized imder this section for such 
individuals. 
"(3) SYSTEMS WITHIN STATES.— 
"(A) POPULATION BASIS.—Except as provided in 
subparagraph (B), from such remainder for each such fiscal 
year, the Commissioner shall make an allotment to the 
eligible system within a State of an amount bearing the 
same ratio to such remainder as the population or the 
State bears to the population of all States. 
"(B) MiNiMUMS.—Subject to the availability of appro-
priations to carry out this section, and except as provided 
m paragraph (4), the allotment to any system under 
subparagraph (A) shall be not less than $100,000 or one-
third of one percent of the remainder for the fiscal year 
for which the allotment is made, whichever is greater, 
and the allotment to anv system under this section for 
any fiscal year that is less than $100,000 or one-third 
of one percent of such remainder shall be increased to 
the greater of the two amoimts. 
"(4) SYSTEMS WITHIN OTHER JURISDICTIONS.— 
"(A) IN GENERAL.—^For the purposes of this subsection, 
Guam, American Samoa, the United States Virgin Islands, 
the Commonwealth of the Northern Mariana Islands, and 
the Republic of Palau shall not be considered to be States. 
**(B) ALLOTMENT.—^The eligible system within a juris-
diction described in subparagraph (A) shall be allotted not 
less than $50,000 for the fiscal year for which the allotment 
is made, except that the Republic of Palau may receive 
such allotment imder this section only until the Compact 
of Free Association with Palau takes effect. 
"(5) ADJUSTMENT FOR INFLATION.— 
"(A) STATES.—For purposes of determining the mini-
mum amount of an allotment under paragraph (3XB), the 
amount $100,000 shall, in the case of such allotments 
for fiscal year 1994 and subsequent fiscal years, be 
increased to the extent necessary to offset the effects of 
inflation occurring since October 1992, as measured by 
the percentage increase in the Consumer Price Index For 
All Urban Consimiers (U.S. city average) during the period 
ending on April 1 of the fiscal vear preceding the fiscal 
year for which the allotment is to be made. 
"(B) CERTAIN TERRITORIES.—^For purposes of determin-
ing the minimum amount of an allotment imder paragraph 
(4XB), the amount $50,000 shall, in the case of such allot-
ments for fiscal vear 1994 and subsequent fiscal years, 
be increased to the extent necessary to offset the effects 
of inflation occurring since October 1992, as measured by 
the percentage increase in the Consumer Price Index For 
106 STAT. 4432 
PUBLIC LAW 102-569—OCT. 29, 1992 
All Urban Consumers (U.S. city average) during the period 
ending on April 1 of the fiscal year preceding the fiscal 
year for whicn the allotment is to be made. 
"(d) PROPORTIONAL REDUCTION.—Amounts necessary to provide 
allotments to systems within States in accordance with subsection 
(cX3XB) as increased under subsection (cX5), or to provide allot-
ments in accordance with subsection (cX4)(B) as increased in accord-
ance with subsection (cX5), shall be derived by proportionately 
reducing the allotments of the remaining systems within States 
under subsection (c)(3), but with such adjustments as may be nec-
essary to prevent the allotment of any such remaining systems 
within States from being thereby reduced to less than the greater 
of $100,000 or one-third of one percent of the simis made available 
for purposes of this section for the fiscal year for which the allotment 
is made, as increased in accordance with subsection (cX5). 
"(e) REALLOTMENT.—^Whenever the Commissioner determines 
that any amount of an allotment to a system within a State for 
any fiscal year described in subsection (cXD will not be expended 
by such system in carrying out the provisions of this section, the 
Commissioner shall maice such amount available for carrying out 
the provisions of this section to one or more of the systems that 
the Commissioner determines will be able to use additional amounts 
during such year for carrying out such provisions. Any amount 
made available to a system 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 system (as deter-
mined under the preceding provisions of this section) for such 
year. 
"(f) APPLICATION.—In order to receive assistance under this 
section, an eligible system shall submit an application to the 
Commissioner, at such time, in such form and manner, and contain-
ing such information and assurances as the Commissioner deter-
mines necessary to meet the requirements of this section, including 
assurances that the eligible system will— 
"(1) have in effect a system to protect and advocate the 
rights of individuals with disabilities; 
"(2) have the same general authorities, including access 
to records and program income, as are set forth in part C 
of the Developmental Disabilities Assistance and Bill of Rights 
Act (42 U.S.C. 6041 et seq.); 
"(3) have the authority to pursue legal, administrative, 
and other appropriate remedies or approaches to ensure the 
protection of, and advocacy for, the rights of such individuals 
within the State who are ineligible for protection and advocacy 
programs imder part C of the Developmental Disabilities Assist-
ance and Bill or Rights Act (42 U.S.C. 6041 et seq.) and the 
Protection and Advocacy for Mentally 1
1
1 Individuals Act of 
1986 (42 U.S.C. 10801 et seq.) or client assistance programs 
under section 112; 
"(4) provide information on and make referrals to programs 
and services addressing the needs of individuals with disabil-
ities in the State; 
"(5) develop a statement of objectives and priorities on 
an annual basis, and provide to the public, including individuals 
with disabilities and, as appropriate, their representatives, an 
opportunity to comment on the objectives and priorities estab-
lished by, and activities of, the system including— 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4433 
"(A) the objectives and priorities for the activities of 
the system for each year and the rationale for the establish-
ment of such objectives and priorities; and 
"(B) the coordination of programs provided through 
the system under this section with the advocacy programs 
of the client assistance program under section 112, the 
State long-term care ombudsman program established 
under the Older Americans Act of 1965 (42 U.S.C. 3001 
et seq.), the Developmental Disabilities Assistance and Bill 
of Rights Act (42 U.S.C. 6000 et seq.), and the Protection 
and Advocacy for Mentally 1
1
1 Individuals Act of 1986 (42 
U.S.C. 10801 et seq.); 
"(6) establish a grievance procedure for clients or prospec-
tive clients of the system to ensure that individuals with disabil-
ities are afforded equal opportunity to access the services of 
the svstem; and 
(7) provide assurances to the Commissioner that funds 
made available under this section will be used to supplement 
and not supplant the non-Federal funds that would otnerwise 
be made available for the purpose for which Federal funds 
are provided. 
"(g) CARRYOVER AND DIRECT PAYMENT.— 
"(1) DIRECT PAYMENT.—^Notwithstanding any other provi-
sion of law, the Commissioner shall pav directly to any system 
that complies with the provisions oi this section, the amount 
of the allotment of the State involved under this section, unless 
the State provides otherwise. 
"(2) CARRYOVER.—Any amount paid to a State for a fiscal 
year that remains unobligated at the end of such year shall 
remain available to such State for obligation during the next 
fiscal year for the purposes for which such amoimt was paid. 
"(h) LIMITATION ON DISCLOSURE REQUIREMENTS.—For purposes 
of any audit, report, or evaluation of the performance of the program 
established under this section, the Commissioner shall not require 
such a program to disclose the identity of, or any other personally 
identifiable information related to, any individual requesting assist-
ance under such program. 
"(i) ELIGIBIUTY FOR ASSISTANCE.—AS used in this section, the 
term 'eligible system' means a protection and advocacy system 
that is established under part C of the Developmental Disabilities 
Assistance and Bill of Righto Act (42 U.S.C. 6041 et seq.) and 
that meeto the requirements of subsection (f). 
"(j) ADMINISTRATIVE COST.—^An eligible system may not use 
more than 5 percent of any allotment under subsection (c) for 
the cost of administration of the system required by this section, 
"(k) DELEGATION.—^The Commissioner may delegate the 
administration of this program to the Commissioner of the Adminis-
tration on Developmental Disabilities within the Department of 
Health and Human Services. 
"(1) REPORT.—^The Commissioner shall annually prepare and 
submit to the Committee on Education and Labor of the House 
of Representatives and the Committee on Labor and Human 
Resources of the Senate a report describing the types of services 
and activities being undertaken bv programs funded under this 
section, the total number of indiviauals served under this section, 
the types of disabilities represented by such individuals, and the 
types of issues being addressed on behau of such individuals. 
106 STAT. 4434 
PUBLIC LAW 102-569—OCT. 29, 1992 
**(m) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to carrv out this section such sums as 
may be necessary for each of the fiscal years 1993, 1994, 1995, 
1996, and 1997.". 
(b) TECHNICAL AMENDMENT.—The table of contents relating 
to the Act is amended by inserting after the item relating to 
section 508 the following item: 
"Sec. 509. Protection and advocacy of individual rights.". 
TITLE VI—EMPLOYMENT OPPORTUNI-
TIES FOR INDIVIDUALS WITH DIS-
ABILITIES 
Subtitle A—Community Service Employ-
ment Pilot Program for Individuals With 
Disabilities 
SEC. 601. PILOT PROGRAM. 
(a) DEFINITION.—Section 611(a) (29 U.S.C. 795(a)) is amended 
by striking "section 7(8)" and inserting "section 7(8XA)'*. 
(b) PERSONAL ASSISTANCE SERVICES.—Section 611(bXlXK) (29 
U.S.C. 795(bXlXK)) is amended by striking "attendant care" and 
inserting "personal assistance services". 
SEC. 602. TREATMENT OF PERSONAL ASSISTANCE SERVICES COSTS. 
Section 613(c) (29 U.S.C. 795b(c)) is amended by striking 
"attendant care" and inserting "personal assistance services". 
SEC. 603. DEFINITIONS. 
Section 616 (29 U.S.C. 795e) is amended— 
(1) by adding "and" at the end of paragraph (1); 
(2) by striking "; and" at the end of paragraph (2) and 
inserting a period; and 
(3) by striking paragraph (3). 
SEC. 604. AUTHORIZATION OF APPROPRIATIONS. 
Section 617 (29 U.S.C. 795f) is amended by striking "1987" 
and all that follows and inserting "1993 through 1997.". 
Subtitle B—Projects With Industry 
SEC. 
611. 
PROJECTS 
WITH 
INDUSTRY. 
(a) IN GENERAL.—Section 621(a) (29 U.S.C. 795g(a)) is amended 
to read as follows: 
"(a)(1) The purpose of this part is to create and expand job 
£uid career opportimities for individuals with disabilities in the 
competitive labor market by engaging the talent and leadership 
of private industry as partners in the rehabilitation process, to 
identify^ competitive job and career opportimities and the skills 
needed to perform such jobs, to create practical job and career 
readiness and training programs, and to provide job placements 
and career advancement. 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4435 
"(2) The Commissioner, in consultation with the Secretaries 
of Labor and Commerce and with designated State units, may 
award grants to individual employers, community rehabilitation 
program providers, labor unions, trade associations, Indian tribes, 
tribal organizations, designated State units, and other entities to 
establish jointly financed Projects With Industry to create and 
expand job and career opportunities for individuals with disabilities, 
wmch projects shall— 
"(A) provide for the establishment of business advisory 
councils, which shall— 
"(i) be comprised o
f
— 
"(I) representatives of private industry, business 
concerns, and oi:]ganized labor; and 
"(11) individuals with disabilities and their 
representatives; 
"(ii) identify job and career availability within the 
community; 
"(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 for individuals with 
disabilities; 
"(B) provide individuals with disabilities with training in 
realistic work settings in order to prepare the individuals for 
employment and career advancement in the competitive 
market; 
"(C) provide job placement and career advancement 
services; 
"(D) to the extent appropriate, provide for— 
"(i) the development and modification of jobs and 
careers to accommodate the special needs of such 
individuals; 
"(ii) the distribution of rehabilitation technology to such 
individuals; and 
"(iii) the modification of any facilities or equipment 
of the employer that are used primarily by individuals 
with disabilities; and 
"(E) 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 nave 
received training under this part. 
"(3) An individual shall be eligible for services described in 
paragraph (2) if the appropriate designated State unit determines 
the individual to be an individual Math a disability under section 
7(8XA) or an individual with a severe disability under section 
7(15XA). In making such a determination, the unit shall rely on 
the determination made by the recipient of the ^ant under which 
the services are provided, to the extent appropriate and available 
and consistent with the requirements under this Act. If a designated 
State unit does not notify a recipient of a grant within 60 days 
that the determination of the recipient is inappropriate, the recipi-
ent of the grant may consider the individual to be eligible. 
"(4) The Commissioner shall enter into an agreement with Contracts. 
the grant recipient regarding the establishment of the project. Any ^'"^^^ 
agreement shall be jointly developed by the Commissioner, the 
f
rant recipient, and, to the extent practicable, the appropriate 
esignated State unit and the individuals with disabilities (or their 
106 STAT. 4436 
PUBLIC LAW 102-569—OCT. 29, 1992 
representatives) involved. Such agreements shall specify the terms 
of training and employment under the project, provide for the 
pa3rment by the Commissioner of part of the costs of the project 
(in accordance with subsection (c)), and contain the items re^uured 
imder 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 
evaluation, to collect information on— 
"(A) the numbers and types of individuals with disabilities 
served; 
"(B) the types of services provided; 
"(C) the sources of funding; 
"(D) the percentage of resources committed to each type 
of service provided; 
"(E) the extent to which the employment status and earning 
power of individuals with disabihties changed following 
services; 
"(F) the extent of capacity building activities, including 
collaboration with business and industry and other organiza-
tions, agencies, and institutions; 
"(G) a comparison, if appropriate, of activities in prior 
years with activities in the most recent year; and 
"(H) the number of project participants who were termi-
nated from project placements and the duration of such 
placements. 
(6) The Commissioner may include, as part of agreements 
with grant recipients, authority lor 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) AGREEMENT.—Section 621(b) (29 U.S.C. 795g(b)) is amended 
to read as follows: 
"(b) No pa3anent 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 co-workers of the individual, 
and that such individuals with disabihties shall not be seg-
regated 
frt>m 
their co-workers; and 
"(3) provides an assurance that an annual evaluation report 
containing information specified under subsection (aX5) snail 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4437 
be submitted as determined to be appropriate by the 
Commissioner.". 
(c) EVALUATION.—Section 621(d) (29 U.S.C. 795g(d)) is 
amended— 
(1) by striking paragraphs (1) through (3) and inserting 
the following: 
"(1) The Commissioner shall develop standards for the evalua-
tion described in subsection (aX5) and shall review and revise 
the evaluation stcmdards as necessary, subject to paragraphs (2) 
and (3). 
"(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."; and 
(2) by redesignating paragraph (4) as paragraph (3). 
(d) ADMINISTRATION.—-Subsections (e) through (h) of section 
621 (29 U.S.C. 795g) are amended to read as follows: 
''(eXlXA) 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 Conmiissioner 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 imder this section to new projects that 
will serve individuals with disabilities in States, portions of States, 
IndUan tribes, or tribal organizations, that are currently unserved 
or underserved by projects. 
"(fKD The Commissioner shall, as necessary, develop and pub-
Ush in the Federal Register in final form indicators of what con-
stitutes minimum compliance consistent with the evaluation 
standards imder subsection (dXD. 
"(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 evcduation standards. 
"(3XA) The Commissioner shall annually conduct on-site 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 Grovemment; and 
"(ii) has experience or expertise in conducting projecte. 
''(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— 
Grants. 
Federal 
Register, 
publication. 
Reports. 
106 STAT. 4438 
PUBLIC LAW 102-569—OCT. 29, 1992 
Reports. 
29 use 795h, 
795r. 
'^D the grant redpient provides any direct financial 
benefit to the reviewer; or 
"(11) 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 tlie 
annual report to Congress re<}uired 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 tiie analysis. In addition, the Commissioner shall 
report the results of on-site 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 (aX4). 
"(2) The term 'project' means a Project With Industry estab-
lished under subsection (aX2). 
"(3) The term 'grant recipient' means a recipient of a grant 
under subsection (aX2).''. 
(e) TECHNICAL AIIIENDMENT.—Section 621 (29 U.S.C. 795g) is 
amended by striking subsection (i). 
SEC. 612. BUSINESS 
OPPORTUNITIES 
FOR 
INDIVIDUALS 
WITH 
DISABILITIEa 
(a) IN GENERAL.—Title VI (29 U.S.C. 795 et seq.) is amended— 
(1) in the heading for part B, by striking "
A
N
D BUSINESS 
OPPORTUNITIES FOR INDIVIDUALS WITH HANDICAPS"; 
(2) by redesignating section 622 as section 641; 
(3) by inserting s^ion 641 (as so redesignated) after sec-
tion 638; and 
(4) by inserting before such section 641 the following: 
29 use 795r. 
Appropriation 
authorization. 
TART D—BUSINESS OPPORTUNITIES FOR INDIVIDUALS WITH 
DlSABILmES". 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 641 (as 
so 
redesignated by subsection (aX2) of this section) is amended— 
(1) by inserting "(a)" before The Commissioner"; and 
(2) by adding at the end the following: 
"(b) There are authorized to be appropriated to carry out this 
section such sums as may be necessary for each of the 1993 throu^ 
1997 
fiscal 
years.". 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4439 
(c) TECHNICAL AMENDMENT.—The Act (29 U.S.C. 701 et seq.) 
is amended in the table of 
contents in the first section— 
(1) by striking the item relating to the part heading for 
part B of title VI and inserting the following: 
"PART B—PROJECTS WITH INDUSTRY"; 
(2) by striking the item relating to section 622; and 
(3) by inserting after the item relating to section 638 the 
following: 
TART D—BUSINESS OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES 
"Sec. 641. Business opportunities for individuals with disabilities.". 
SEC. 613. AUTHORIZATION OF APPROPHIATIONa 
(a) AUTHORIZATION.—Title VI (29 U.S.C. 795 et seq.) is 
amended— 
(1) by redesignating section 623 as section 622; and 
29 use 795i. 
(2) in section 622 (29 U.S.C. 795i) (as so redesignated 
by paragraph (1) of this subsection) by striking "section 621, 
$16,070,000" and all that follows and inserting n;his part, such 
sums as may be necessary for each of fiscal years 1993 through 
1997.". 
(b) TABLE OF CONTENTS.—The table of contents relating to 
title VI is amended by inserting after the item relating to section 
621 the following: 
"Sec. 622. Authorization of appropriations.". 
Subtitle C—Supported Emplojrment Serv-
ices for Individuals With Severe Disabil-
ities 
SEC. 621. SUPPORTED EMPLOYMENT. 
(a) PROGRAM.—Title VI is amended by striking part C (29 
U.S.C. 795j et seq.) and inserting the following: 
TART CJ—SUPPORTED EMPLOYMENT SERVICES FOR INDIVIDUALS 
WITH SEVERE DISABILITIES 
"SEC. 631. PURPOSE. 
29 USC 795j. 
"It is the purpose of this part to authorize allotments, in addi-
tion to grants for vocational rehabilitation services under title I, 
to assist States in developing collaborative programs with appro-
priate entities to provide supported employment services for inoivid-
uals with the most severe disabilities who require supported 
employment services to enter or retain competitive employment. 
"SEC. 632. ALLOTMENTS. 
29 U
S
C 795k. 
"(a) IN GENERAL.— 
"(1) STATES.—^The Secretary shall allot the sums appro-
priated for each fiscal year to canv 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 one-
third of one percent of the sums appropriated for tiie fiscal 
year for which the allotment is made, whichever is greater; 
and 
59-194 O—93 
26:QL3(Pt. 5) 
106 STAT. 4440 
PUBLIC LAW 102-569—OCT. 29, 1992 
29 use 795/. 
29 use 795in. 
29 use 795n. 
"(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 one-third 
of one 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, 
the Republic of Palau, and the Commonwealth of the North-
em 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, except that the 
Republic of Palau may receive such allotment under this 
section only imtil the Compact of Free Association with 
Palau takes effect. 
"(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 canying out the provisions 
of this part, tne 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 reg£u:aed as an increase in the allotment of the State 
(as determined under the preceding provisions of this section) for 
such year. 
*«£€. 633. AVAILABILITY OF SERVICES. 
"Funds provided under this part may be used to provide sup-
ported employment services to individuals who are eligible under 
this part. Funds provided under this part, title I, or subsection 
(c) or (f) of section 311 may not be used to provide extended 
services to individuals who are eligible under this part or title 
I. 
'nSEC. «34. EUGIBILriY. 
"An individual shall be eligible under this part to receive sup-
ported 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 
the most severe disabilities; and 
"(3) a comprehensive assessment of rehabilitation needs 
of the individual provided under section 102(bXlXA), including 
an evaluation of rehabilitation, career, and job needs, identifies 
supported employment as the appropriate rehabilitation objec-
tive for the individual. 
<«EC. 635. STATE PLAN. 
"(a) STATE PLAN SUPPLEMENTS.—To be eligible for an allotment 
under this part, a State shall submit to the Commissioner, 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 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4441 
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 agency that the State designated under 
section lOl(aXl) as the agency to administer the program 
assisted under this part; 
"(2) simmiarize the results of the comprehensive, statewide 
assessment conducted under section 101(aX5), with respect to 
the rehabiUtation and career needs of individuals with severe 
disabilities and the need for supported employment services, 
including needs related to coordination and use of information 
within the State relating to section 618(bXlXC) of the Individ-
uals with Disabilities Education Act (20 U.S.C. 1418(bXlXC)); 
"(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 632; 
''(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 agenqr 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, andf other entities with respect to the provi-
sion of extended services; 
**(6) provide assurances that— 
"(A) funds made available under this part will only 
be used to provide supported emplojnnent services author-
ized under this Act to individuals who are eligible under 
tills part to receive the services; 
(B) that the comprehensive assessments of individuals 
with 
severe 
disabilities 
conducted 
under 
section 
102(bXlXA) and fimded under title I will include consider-
ation of supported employment as an appropriate 
rehabilitation objective; 
"(C) an individualized written rehabilitetion program, 
as required by section 102, will be developed and updated 
using funds under title I in order to— 
"(i) specify the supported emplojrment 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 written 
rehabilitetion program is developed, a stetement 
describing the basis for concluding that there is a 
reasonable expectetion that such sources will become 
available; 
"(D) the Stete will use funds provided under this part 
only to supplement, and not supplant, the funds provided 
under title I, in providing supported employment services 
106 STAT. 4442 
PUBLIC LAW 102-569—OCT. 29, 1992 
specified in the individualized written rehabilitation 
program; 
"(E) services provided under an individualized written 
rehabilitation program wiU 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) supj^rted employment services will include place-
ment in an integrated setting for the maximum number 
of hours possible based on the unique strengths, resources, 
interests, concerns, abilities, and capabilities of individuals 
with the most severe 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 otner information and be submitted in 
such manner as the Commissioner may require. 
29USC7950. 
"SEC. 636. RESTRICTION. 
''Each State agency designated under section 635(bXl) shall 
collect the client information required by section 13 separately 
for supported employment clients under this part and for supported 
emplojrment clients under title L 
29 use 795p. 
«SEC. 637. SAVINGS PROVISION. 
"(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 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 
postemplojrment 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. 
29 use 795q. 
•«EC. 638. AUTHORIZATION OF APPROPRIATIONa 
There are authorized to be appropriated to carry out this 
part such sums as may be necessary for each of fiscal years 1993 
through 1997.". 
(b) TABLE OF CONTENTS.—The table of contents relating to 
title VI is amended by striking the items relating to part C and 
inserting the following: 
TART C—SUPPORTED EMPLOYMENT SERVICES F
X
>
R INDIVIDUALS WITH SEVERE 
DISABILITIES 
"Sec. 631. Purpose. 
"Sec. 632. Allotments. 
"Sec. 633. Availability of services. 
"Sec. 634. Eligibility. 
"Sec. 635. State plan. 
"Sec. 636. Restriction. 
"Sec. 637. Savings provision. 
"Sec. 638. Authorization of appropriations.". 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4443 
TITLE 
Vn—INDEPENDENT 
LIVING 
SERVICES AND CENTERS FOR INDE-
PENDENT LIVING 
SEC. 701. SERVICES AND CENTERS. 
The Act is £U!ii6iid6d'~~~ 
(1) by striking title VII (29 U.S.C. 796 et seq.); and 
(2) by adding at the end the following new title: 
"TITLE 
VII—INDEPENDENT 
LIVING 
SERVICES AND CENTERS FOR INDE-
PENDENT LIVING 
"CHAPTER 1—INDIVIDUALS WITH SEVERE DISABILmES 
"PART A - « E N E R A L PROVISIONS 
"SEC. 701. PURPOSE. 
29 U
S
C 796. 
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 
witn disabilities, £uid 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 pro-ams, centers for independent living. 
Statewide Independent Living Councils establisned under sec-
tion 705, State vocational rehabilitation programs receiving 
assistance under title I, State programs o
f
^ supported employ-
ment services receiving assistance imder part C of title \^, 
client assistance programs receiving assistance under section 
112, programs funded under other titles of this Act, programs 
funded under other Federal programs, and programs funded 
through non-Federal sources. 
"SEC. 702. DEFINITIONS. 
29 U
S
C 796a. 
"As used in this chapter: 
"(1) CENTER FOR INDEPENDENT LIVING.—The term 'center 
for independent living* means a consumer-controlled, commu-
nity-based, cross-disaoility, 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. 
106 STAT. 4444 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(2) CONSUMER CONTROL.—The term 'consumer control' 
means, with respect to an entity, that the entity vests power 
and authority in mdividuals with disabilities. 
29 use 796b. 
'^SEC. 70S. EUGIBILnT FOR RECEIPT OF SERVICES. 
"Services may be provided under this chapter to any individual 
with a severe disability, as defined in section 7(15XB). 
29USC796C. 
'^EC. 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 reqmred 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 appropriatelv address, on a statewide and comprehen-
sive basis, needs in tne 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 provimng 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 imtil 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. 
"(c) DESIGNATION OF STATE UNIT.—The plan shall designate 
the designated State unit of such State as the agency that, on 
behalfofthe State, shall— 
"(1) receive, account for, and disburse fiinds received by 
the State under this chapter based on the plan; 
"(2) provide administrative support services for programs 
under parts B and C; 
Records. 
"(3) keep such records and afibrd 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. 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4445 
"(d) OBJECTIVES.-—The plan shall— 
"(1) specify the objectives to be achieved under the plcin 
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 severe 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 individued, 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 arrsuigements 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 amoimt 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 
Council. 
"(j) COORDINATION OF SERVICES.—The plan shall describe how 
services funded under this chapter will be coordinated with, and 
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. 
"(1) OUTREACH.—^With respect to services and centers funded 
under this chapter, the plan shall set forth steps to be taken 
regarding outreach to popiilations that are unserved or underserved 
by programs imder 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 
wiU— 
106 STAT. 4446 
PUBLIC LAW 102-569—OCT. 29, 1992 
Records. 
Reports. 
"(1) notify all individuals seeking or receiving services 
under tiiis diapter about the availability of the client assistance 
program under section 112, the purposes of the services pro-
vided under such program, and now to contact such program; 
''(2) take afiCirmative 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 fimds paid to the State under this chapter; 
Records. 
"(4XA) maintain records that fully disclose— 
"(i) the amoimt 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 mainteined imder 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 (ji«neral or any of their duly authorized representetives, 
for the purpose of conducting audits and examinations, of any 
books, documents, papers, and records of the recipiente that 
are pertinent to the financial assistence received under this 
chapter; and 
''(6) provide for public hearings regarding the contente of 
the plan during both the formulation and review of the plan. 
"(n) EVALUATION.—The plan shall esteblish a method for the 
periodic evaluation of the effectiveness of the plan in meeting the 
objectives esteblished in subsection (d), including evaluation of 
satisfaction by individuals with disabilities. 
29 use 796d. 
"SEC. 705. STATEWIDE INDEPENDENT LIVING COUNCIL. 
"(a) ESTABLISHMENT.—^To be eligible to receive financial assist-
ance under this chapter, each Stete shall establish a Statewide 
Independent Living Cfoimcil (referred to in this section as the 'Coun-
cil'). The Council shall not be esteblished as an entity within 
another Stete agency. 
"(b) COMPOSITION AND APPOINTMENT.— 
"(1) APPOINTMENT.—^Members of the Council shall be 
appointed by the Governor or the appropriate entity within 
the Stete responsible for making appointments, within 90 days 
after the date of enactment of the Rehabilitetion Act Amend-
mente of 1992. The appointing authority shall select members 
after soliciting recommendations from representetives of 
organizations representing a broad range of individuals with 
disabilities and organizations interested in individuals with 
disabilities. 
"(2) COMPOSITION.—The Council shall include— 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4447 
"(A) at least one director of a center for independent 
living diosen by the directors of centers for independent 
living within the State; and 
^B) as ex officio, nonvoting members— 
'Xi) a representative from the designated State 
unit; and 
"(ii) representatives from other State agencies that 
provide services for individuals with disabihties. 
"(3) ADDITIONAL MEMBERS.—The Council may include— 
"(A) other representatives 
from 
centers for independent 
living; 
(B) parents and guardians of individuals with disabil-
ities; 
"(C) advocates of and for individuals with disabilities; 
"(D) representatives 
from 
private businesses; 
"(E) representatives from organizations that provide 
services for individuals with disabilities; and 
"(F) other appropriate individuals. 
"(4) QUALIFICATIONS.—The Council shall be composed of 
members— 
"(A) who provide statewide representation; 
"(B) who represent a broad range of individuals with 
disabilities; 
"(C) who are knowledgeable about centers for independ-
ent living and independent living services; and 
"(D) a minority of whom are persons who are— 
"(i) individuals with disabihties described in sec-
tion 7(8XB); and 
"(ii) not employed by any State agency or center 
for independent living. 
"(5) CHAIRPERSON.— 
"(A) IN GENERAL.—^Except as provided in subparagraph 
(B), the Council shall select a chairperson 
frY>m 
among 
the membership of the Council. 
"(B) DESIGNATION BY GOVERNOR.—In States in which 
the (Governor does not have veto power pursuant to State 
law, the Governor shsdl designate a member of the Council 
to serve as the chairperson of the Coimdl or shall require 
the Council to so designate such a member. 
"(6) TERMS OF APPOINTMENT.— 
"(A) LENGTH OF TERM.—^Each member of the Council 
shall serve for a term of 3 years, except that— 
"(i) a member appointed to nil 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 appointing 
authority) for such fewer number of years as will pro-
vide for Uie 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.—Any vacancy occurring in the membership 
of the Council 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 Council. 
"(c) DUTIES.—The Council shall— 
106 STAT. 4448 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(1) jointly develop and submit (in coi\junction with the 
designated State agency) 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 
Advisory Council established under section 105 and coimcils 
that address the needs of specific disability populations and 
issues imder other Federal law; 
"(4) ensiire that all regularly scheduled meetings of the 
Council are open to the public and sufficient advance notice 
is provided; and 
Reports. 
"(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 Coimcil shall prepare, in coi\junction 
with the designated State unit, a plan for the provision of 
such resources, including such staff and personnel, as may 
be necessary to carry out the fiinctions of the Council under 
this section, with funds made available under this chapter 
and part C of title I 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) CONFUCT 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 convict 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. 
"(g) USE OF EXISTING COUNCILS.—TO the extent that a State 
has established a Council before September 30, 1992, that is com-
E
arable to the Coimcil described in this section, such Council shall 
e considered to be in compliance with this section. Within 1 year 
after the date of enactment of the Rehabilitation Act Amendments 
of 1992, such State shall establish a Coimcil that complies in 
fiill with this section. 
29 use 796d-l. 
«SEC. 706. RESPONSmiLrnES OF THE COMMISSIONER. 
"(a) APPROVAL OF STATE PLANS.— 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4449 
Federal 
Register, 
publication. 
"(1) IN GENERAL.—^The Commissioner shall approve any 
State plan submitted imder 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 
provisions— 
"(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
) ON-SITE COMPLIANCE REVIEWS.— 
"(1) REVIEWS.—^The Commissioner shall annually conduct 
on-site compliance reviews of at least 15 percent of the centers 
for independent living that receive funds under part C and 
shall periodically conduct such a review of each such center. 
The Commissioner shall select such centers for review on a 
random basis. 
"(2) 
QUAUFICATIONS 
OF 
EMPLOYEES 
CONDUCTING 
R
E
V
I
E
W
S
.
—
^
T
T
i
e Commissioner shall— 
"(A) to the maximimi extent practicable, carry out such 
a review by using employees of the Department who are 
knowledgeable about the provision of independent Uving 
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 Uving. 
"(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 Reports. 
report the results of on-site compliance reviews, identifying individ-
ual centers for independent Uving and other recipients of assistance 
under this chapter. 
106 STAT. 4450 
PUBLIC LAW 102-569—OCT. 29, 1992 
•*PART B—INDEPENDENT LIVING SERVICES 
29USC796e. 
"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 
nscalyear 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) MiNlMUMS.—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 one-
third of one percent of the sums made available for the 
fiscal year for which the allotment is made, whichever 
is greater, and the allotment of any Stete under this section 
for any fiscal year that is less than $275,000 or one-third 
of one percent of such sums shall be increased to the 
greater of the two amounts. 
°(2) CERTAIN TERRITORIES.— 
"(A) IN GENERAL.—^For the purposes of this subsection, 
Guam, American Samoa, the United Stetes Virgin Islands, 
the Commonwealth of the Northern Mariana Islands, and 
the Republic of Palau 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 made available for purposes 
of this part for the fiscal year for which the allotment 
is made, except that the Republic of Palau may receive 
such allotment under this section only until the Compact 
of Free Association with Palau takes effect. 
"(3) ADJUSTMENT FOR INFLATION.—For purposes of deter-
mining the minimum amount of an allotment imder paragraph 
(IXC), the amount $275,000 shall, in the case of such allotments 
for fiscal year 1994 and subsequent fiscal years, be increased 
to the extent necessary to offset the effects of inflation occurring 
since October 1992, as measured by the percentege increase 
in the Consumer Price Index For All Urban Consumers (U.S. 
city average) during the period ending on April 1 of the fiscal 
vear preceding the fiscal year for which the allotment is to 
be made. 
"(b) PROPORTIONAL REDUCTION.—Subject to subsection (aXlXB), 
amounts necessary to provide allotments to States in accordance 
with subsection (aXlXB), or in accordance with subsection (aXlXC) 
as increased under subsection (aX3), or to provide allotments under 
subsection (aX2XB), shall be derived by proportionately reducing 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4451 
the allotments of the remaining States under subsection (aXD, 
but with such adjustments as may be necessary to prevent the 
allotment of any such remaining States from being thereby reduced 
to less than the greater of $275,000 or one-third of one percent 
of the sums made available for purposes of this part for the fiscal 
year for which the allotment is made, as increased in accordance 
with subsection (aX3). 
*
*
(
c
) REALLOTMENT.—^Whenever the Commissioner determines 
that any amount of an allotment to a State for any fiscal ^ear 
will not be expended by such State in carrying out tne 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 canying out such provi-
sions. Any amoimt 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 imder section 706. Such payments may be made 
(after necessary adjustments on accoimt of previously made overpay-
ments or imderpayments) 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 imder section 706. 
"(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. 
"(3) DETERMINATION.—^For the purpose of determining the 
Federal share with respect to any State, expenditures oy a 
political subdivision of such State shall, subject to regulations 
grescribed by the Commissioner, be regarded as expenditures 
y such State. 
"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 fimas received under 
this part— 
"(1) to provide independent living services to individuals 
with severe disabilities; 
"(2) to demonstrate ways to expand and improve independ-
ent living services; 
"(3) to support the operation of centers for independent 
living; 
"(4) to support activities to increase the capacities of public 
or nonprofit agencies and organizations and other entities to 
29 use 796e-l. 
Regulations. 
29 use 796e-2. 
106 STAT. 4452 
PUBLIC LAW 102-569—OCT. 29, 1992 
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 policnnnakers in order to 
enhance independent living services for individuals with 
disabiUties; 
"(6) to train individuals ¥dth 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. 
29 use 796e-3. 
"SEC. 714. AUTHORIZ^iTION OF APPROPRIATIONa 
There are authorized to be appropriated to cany out this 
part such sums as may be necessary for each of the fiscal years 
1993,1994,1995,1996, and 1997. 
"PART C—CENTERS FOR INDEPENDENT 
LIVING 
29USC796f. 
*«£€. 721. PROGRAM AUTHORIZATION. 
"(a) IN GENERAL.—From the funds appropriated for fiscal year 
1994 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 fimds appropriated to carry out this 
gart exceed the fiinds appropriated to carry out this part for 
seal year 1993, the Commissioner shall first reserve firom 
such excess, to provide training and technical assistance for 
such fiscal year, not less than 1.8 percent, and not more than 
2 percent, of such fimds. 
Grants. 
**(2) ALLOCATION.—^From the fimds reserved under para-
Contracts, 
graph (1), the Commissioner shall make grants to, and enter 
into contracts and other arrangements with, entities who 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 mdependent 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 fiinding 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 Conmiissioner may require. 
The Commissioner shall provide for peer review of grant 
applications by panels that mclude persons who are not govern-
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4453 
ment employees and who have experience in the operation 
of centers for independent hving. 
"(5) PROHIBITION ON COMBINED FUNDS.—NO funds reserved 
by the Commissioner under this subsection may be combined 
with fimds 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.—^Except as provided in sub-
paragraphs (B) and (C) and after the reservation required 
by subsection (b) has been made, 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 
remednder 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) MiNlMUMS.—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 
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 £dlotment to any State under subparagraph (A) 
shall be not less than $450,000 or one-third of one 
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 one-third 
of one percent of such sums shall be increased to 
the greater of the two 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 one-third of one 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 
$400,000 or one-third of one percent of such sums 
shall be increased to the greater of the two amounts; 
and 
106 STAT. 4454 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(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 
two amounts described in clause (ii). 
"(2) CERTAIN TERRITORIES.— 
"(A) IN GENERAL.—For the purposes of this subsection, 
Guam, American Samoa, the United States Virgin Islands, 
the Commonwealth of the Northern Mariana Islands, and 
the Republic of Palau 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 remainder for the fisc£il year for 
which the allotment is made, except that the Republic 
of Palau may receive such allotment under this section 
only until the Compact of Free Association with Palau 
takes eCTect. 
"(3) ADJUSTMENT FOR INFLATION.—^For any fiscal year, 
beginning in fiscal year 1994, in which the total amount appro-
priated to carry out this part exceeds the total £imount appro-
priated to carry out this part for the preceding fiscal year 
by a percentage greater than the most recent percentage change 
in the Consiuner Price Index For All Urban Consumers pub-
lished by the Secretary of Labor under section lOO(cXl), the 
Commissioner shall increase the minimum allotment under 
paragraph (IXC) by such percentage change in the Consumer 
Price Index For All Urban Consumers. 
"(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 
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 imder the preceding provisions of this section) for 
such year. 
"(e) TRANSITION RULES.— 
"(1) RESERVATION.— 
"(A) FISCAL YEAR 1993.—For fiscal year 1993, the 
Commissioner shall first reserve from the funds appro-
priated to carry out this part, not less than 1.8 percent, 
and not more than 2 percent, of such funds, whichever 
is greater, for training, technical assistance, and transition 
assistance, to centers for independent living. 
S'"^?!^:.. 
"(B) TRAINING AND TECHNICAL ASSISTANCE.—From the 
funds reserved under subparagraph (A), the Commissioner 
shall make grants to, and enter into contracts and other 
arrangements with, entities who have experience in the 
operation of centers for independent living, to— 
"(i) provide such training and technical assistance 
with respect to planning, developing, conducting, 
administering, and evaluating centers for independent 
living; and 
Contracts. 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4455 
"(ii) provide such transition assistance to assist 
the centers with efforts to achieve compliance with 
the standards and assurances set forth in this part. 
**(C) REVIEW.—^To be eligible to receive a grant or enter 
into a contract or other arrangement under this paragraph, 
such an entity shall submit an application to the Commis-
sioner at such time, in such manner, and containing a 
proposal to provide such training, technical assistance, and 
transition assistance and containing such additional 
information as the Commissioner may require. The 
Commissioner shall provide for peer review of such propos-
als by panels that include persons who are not government 
employees and who have experience in the operation of 
centers for independent living. 
"(D) PROHIBITION ON COMBINED FUNDS.—An entity that 
receives funds under this paragraph shall comply with 
subsection (bX5) with respect to the funds. 
"(2) IN GENERAL.— 
"(A) GRANTS.—^After the reservation required by para-
graph (1) has been made, and from the remainder of the 
Funds appropriated for fiscal year 1993 to carry out this 
part, the Secretary is authorized to make grants to eligible 
agencies described in subparagraph (B) to operate centers 
for independent living. 
"(B) AGENCIES.— 
"(i) FISCAL YEAR 1992 RECIPIENTS.—Private non-
profit agencies that received funding directly or 
through subgrants or contracts under part B, as in 
effect on the day before the date of enactment of the 
Rehabilitation Act Amendments of 1992, in fiscal year 
1992 shall receive assistance imder this part for fiscal 
year 1993 if the agencies submit applications that dem-
onstrate to the satisfaction of the Commissioner that 
as of October 1, 1993, such agencies will meet the 
standards described in section 725(b) and that contain 
the assurances described in section 725(c). In determin-
ing whether a center meets the standards described 
in section 725(b), the Commissioner will look for 
information that shows how the center will meet each 
standard. The Commissioner shall consider any data 
on past performance that is provided by the agency 
that shows how the center has oeen meeting the stand-
ards. 
"(ii) OTHER AGENCIES.—Private nonprofit agencies 
that did not receive assistance under part B, as in 
effect on the day before the date of enactment of the 
Rehabilitation Act Amendments of 1992, in fiscal year 
1992 may receive assistance under this part for fiscal 
year 1993 if the agencies submit satisfactory applica-
tions for fiscal year 1993. In determining wnetner an 
application is satisfactory, the Secretary shall use the 
criteria for selection of centers specined in section 
722(dX2XB). 
"(C) PRIORITY.—^The Secretary may not award funds 
to a private nonprofit agency that did not receive assistance 
under part B, as in effect on the day before the date 
of enactment of the Rehabilitation Act Amendments of 
106 STAT. 4456 
PUBLIC LAW 102-569—OCT. 29, 1992 
1992, in fiscal year 1992 until the Secretary has fiinded 
all agencies within each State that received such funding 
and have submitted applications described in subparagraph 
(BXi) for fiscal year 1993. 
29 use 796f-l. 
"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 firom the amoimt of funds allotted to the State iinder 
subsection (c) or (d) of section 721 for such year. 
"(2) GRANTS.—^The Commissioner shall award such grants, 
firom the amount of fiinds so allotted, to such eligible agencies 
-. 
for the planning, conduct, administration, and evaluation of 
centers for independent living that comply vdth 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 fimds 
under this part, funds and contributions from private or public 
sources that may be used in support of a center for independent 
living, and fimds 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 EUGIBLE AGENCIES.—In the administration of 
the provisions of this section, the Commissioner shall award grants 
to any eUgible agency that is receiving fimds under this part on 
September 30, 1993, unless the Commissioner makes a finding 
that the agency involved fails to meet program and fiscal standardis 
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, consistent with the provisions 
in the State plan setting fortli the design of the State for 
establishing a statewide network of centers for independent 
living. 
"(2) SELECTION.—^In selecting fi-om among applicants for 
a grant under this section for a new center for independent 
living, the Commissioner— 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4457 
'XA) ahall 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 tne ability of each such applicant 
to operate a center for independent living based on— 
'Xi) evidence of 
the need for such a center; 
*\h) 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 severe disabilities; 
"(v) budgets and cost-effectiveness; 
"(vi) an evaluation plan; and 
'Xvii) the ability of such applicant to carry out 
the plans; and 
"(0) 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 (or part A as in efiTect on the day before the 
date of enactment of the Rehabilitation Act Amendments of 
1992) for a fiscal year for the general operation of the center 
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 shsdl 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) REVIEW.— 
"(1) IN GENERAL.—^The Commissioner shall periodically 
review each center receiving funds imder 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 
106 STAT. 4458 
PUBLIC LAW 102-569—OCT. 29, 1992 
- to achieve compliance within 90 days of such notification and 
such plan is approved by the Commissioner. 
29 use 796f-2. 
"SEC. 723. GRANTS TO CENTERS FOR INDEPENDENT LIVING IN 
STATES IN WHICH STATE FUNDING EQUALS OR EXCEEDS 
FEDERAL FUNDING. 
! "(a) ESTABUSHMENT.— 
"(1) I N GENERAL.— 
"(A) INITIAL YEAR.— 
.,, 
"(i) DETERMINATION.—^Beginning on October 1, 
SZ . 
1993, the director of a designated State unit, as pro-
vided in paragraph (2), or tne Commissioner, as pro-
,., 
vided in paragraph (3), shall award grants imder 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 
J.. , 
support the general operation of centers for inaepend-
" 
ent living meeting the requirements of this part 
equaled or exceeded the amoimt 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 foiibh 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). 
"(B) SUBSEQUENT YEARS.—^For each year subsequent 
to the initial fiscal year described in subparagraph (A), 
the director of the designated State imit shall continue 
to have the authority to award such grants imder this 
section if the Commissioner determines that the State 
continues to earmark the amount of State funds described 
in subparagraph (AXi)- If the State does not continue to 
earmark such an amount for a fiscal year, the State shall 
ir: 
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 witn 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 (AXi) 
or (B), as appropriate, of paragraph (1), the Commissioner 
shall approve the application and designate the director of 
the designated State imit to award the grant and carry out 
this section. 
..., 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4459 
"(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 the State in accordance with section 722. 
"(b) EuGiBLE 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 imder 
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 
imder 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 £uid 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 
imit shall award grants under this section to any eligible agency 
that is receiving funds under this part on September 30, 1993, 
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-
M
d
d
e 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; 
"(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; 
106 STAT. 4460 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(ii) any past performance of such applicant in 
provicUng services comparable to independent living 
services; 
'Xiii) the plan for complying with, or demonstrated 
success in complying with, the standards and the 
assurances set form in section 725; 
'Xiv) the quality of key jpersonnel of the applicant 
and the involvement of individiials with severe disabil-
ities by the applicant; 
"(v) the Dudgets 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 (or part A as in efiTect on the day before the 
date of enactment of the Rehabilitation Act Amendments of 
1992) for a fiscal year for the general operation of the center 
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 assiirances 
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 ror 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. 
"(0 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 m compliance 
with the standards and assurances set forth in section 725. 
If the director of the designated State unit determines that 
any center receiving funds under this section is not in compU-
ance with the standards and assurances set fortii 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— 
. 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4461 
"(A) the date of such notification; or 
"(B) in the case of a center that requests an appeal 
under subsection (h), the date of any final decision under 
subsection (h), 
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. 
"(g) ON-SITE COMPLIANCE REVIEW.—The director of the des-
ignated State unit shall conduct on-site compliance review of centers 
for independent living. Each team that conducts on-site 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 
h^ the Council acting on behalf of and at the direction of the 
Council. A copy of this review shall be provided to the 
Commissioner. 
"(h) 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 firee 
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. 
'^EC. 
724. 
CENTERS 
OPERATED 
BY 
STATE 
AGENCIES. 
29 
USC 
7
9
6
f
-
3
. 
"(a) FISCAL YEAR 1993.— 
"(1) IN GENERAL.—Notwithstanding section 702(1), if— 
"(A) no nonprofit private agency— 
"(i) submits an acceptable application to operate 
a center for independent living for fiscal year 1993 
before a date specified by the Commissioner; and 
"(ii) obtains approval of the application under sec-
tion 722 or 723; and 
"(B) a State directly operated such a center in fiscal 
year 1992 with funds provided under part B, as in effect 
on the day before the date of enactment of the Rehabilita-
tion Act Amendments of 1992, 
the State may apply to the Commissioner for assistance under 
section 721(eX2) for the conduct, administration, and evaluation 
of such a center. 
"(2) COMPLIANCE.—A State that receives assistance with 
respect to a center in accordance with paragraph (1) shall 
ensure that the center shall comply with all of the requirements 
of this part, other than the requirement that the center be 
a private nonprofit agency. 
"(b) FISCAL YEAR 1994 AND SUCCEEDING FISCAL YEARS.—A 
State that receives assistance for fiscal year 1993 with respect 
to a center in accordance with subsection (a) may continue to 
receive assistance imder this part for fiscal year 1994 or a succeed-
ing 
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 fiscal year 1993 before 
a date specified by the Commissioner; and 
106 STAT. 4462 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(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. 
29USC796f-4. 
*«£€. 725. STANDARDS AND ASSURANCES FOR CENTERS FOR 
INDEPENDENT UVDfG. 
"(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 
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-advocaQr; 
"(C) development of peer relationships and peer role 
models; and 
''(D) equal access of individuals with severe disabilities 
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 severe disabilities. The 
center shall provide services on a cross-disability basis (for 
individuals with all different types of severe disabilities, includ-
ing individuals with disabilities who are members of popu-
lations that are unserved or underserved by programs under 
this Act). Eligibility for services at any center for independent 
living shall not be based on the presence of any one or more 
specific severe disabilities. 
**(3) I
N
D
E
P
E
N
D
E
N
T L
I
V
I
N
G GOALS.—The center shall facili-
tate the development and achievement of independent living 
goals selected by individuals with severe 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 severe 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 specified 
in section 7(30XB). 
"(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 severe disabilities. 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4463 
"(7) RESOURCE DEVELOPMENT ACTIVITIES.—The center shall 
conduct resource development activities to obtain funding from 
sources other than this diapter. 
"(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 eUgible 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 m^ority of which shall 
be composed of individuals with severe disabilities; 
"(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 £if!irmative action 
to employ and advance in employment qualified individuals 
with severe disabilities on the same terms and conditions 
required with respect to the emplojmient of individuals with 
disabilities imder 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 soimd fiscal management, 
including making arrsmgements for an annual independent fis-
cal audit; 
"(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 severe 
disabilities receiving services through the center; 
"(C) the types of services provided through the center 
and the number of individuals with severe disabilities 
receiving each type of service; 
"(D) the sources and amoimts of funding for the oper-
ation of the center; 
"(E) the number of individuals with severe disabilities 
who are employed by, and the nimiber who are in manage-
ment 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 severe disabilities who are seeking 
or receiving services at the center will be notified by the center 
106 STAT. 4464 
PUBLIC LAW 102-569—OCT. 29, 1992 
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 severe disabilities that are 
unserved or imderserved by programs under this title, espe-
cially minority groups and urban and rural populations; 
"(11) Stan 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 
populations; 
"(12) the center will submit to the Statewide Independent 
Living Council a copjr of its approved grant application and 
the annual report required under paragraph (8); 
Reports. 
"(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. 
29 use 796f-5. 
"SEC. 726. DEFINITIONS. 
"As used in this part, the term 'eligible agenc}^' means a 
consimier-controUed, conmiimity-based, cross-disability, nonresi-
dential private nonprofit agency. 
29 use 796f-6. 
"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 
1993,1994,1995,1996, and 1997.". 
29 use 796 note. SEC. 702. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsections (b) and 
(c), this title and the amendments made by this title shall take 
effect on the date of enactment of this Act. 
(b) CENTERS FOR INDEPENDENT LIVING.—^The provisions of part 
C of chapter 1 of title VII of the Rehabilitation Act of 1973 (as 
added by section 701 of this Act), shall not apply with respect 
to fiscal vear 1992 for programs receiving assistance under part 
B of such chapter, as in effect on the day before the date of 
enactment of this Act. The provisions of such part B shall continue 
to apply for such programs with respect to fiscal year 1992. 
(c) STATE PLAN.—^The Secretary of Education shall implement 
the provisions of section 704 of the Rehabilitation Act of 1973 
(as amended by section 701 of this Act), as soon as is practicable 
after the date of enactment of this Act, consistent with the effective 
and efficient administration of the Rehabilitation Act of 1973 (29 
U.S.C. 701 et seq.), but not later than October 1,1993. 
SEC. 703. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS 
WHO ARE BUND. 
(a) SERVICES.—Title VII (29 U.S.C. 796 et seq.) is amended 
by adding at the end the following: 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4465 
'^CHAPTER 2—INDEPENDENT LIVING SERVICES FOR 
OLDER INDIVIDUALS WHO ARE BUND 
•«EC. 761. DEFINITION. 
29 USC 796j. 
Tor purposes of this chapter, the term 'older individual who 
is blind' means an individual age 56 or older whose severe visual 
impairment makes competitive employment extremely difficult to 
attain but for whom independent living goals are feasible. 
•^EC. 762. PROGRAM OF GRANTS. 
29 USC 796k. 
"(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 UNIT.—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 lOl(aXlXAXi). 
"(b) CONTINGENT COMPETITIVE GRANTS.—Beginning witJi fiscal 
year 1994, in the case of any fiscal year for which the amount 
appropriated imder section 753 is less than $13,000,000, grants 
under subsection (a) shall be discretionary grants made on a 
competitive basis to States. 
"(c) CONTINGENT FORMULA GRANTS.— 
"(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 imder subsection (a) unless the State involved agrees that 
the grant will be expended only for purposes o
f
— 
"(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 (dXD include— 
"(1) services to help correct blindness, such as— 
"(A) outreach services; 
"(B) visu£d screening; 
"(C) surgical or therapeutic treatment to prevent, cor-
rect, or modify disabling eye conditions; and 
"(D) hospitalization related to such services; 
"(2) the provision of eyeglasses and other visual aids; 
106 STAT. 4466 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(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 serv-
ices and equipment to help an older individual who is blind 
adjust to blmdness; 
"(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, as defined in section 
7(30). 
"(f) MATCHING FUNDS.— 
"(1) IN GENERAL.—^The Commissioner may not make a grant 
under subsection (a) imless 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 
services. Amounts provided by the Federal Government, or 
services assisted or subsidized to any significant extent by 
the Federal (jovemment, 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 (dXD, 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 
c 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 0X4))-
"(2) CONTENTS.—^An application for a grant under this sec-
tion shall contain— 
Reports. 
"(A) an assurance that the designated State imit 
described in subsection (aX2) will prepare and submit to 
the Commissioner a report, at the end of each fiscal year, 
with respect to each project or program the designated 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4467 
State unit operates or administers vinder 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) tiie 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 severe 
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 designated State unit 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; 
"(11) activities to promote community aware-
ness, involvement, and assistance; and 
"(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 imder paragraph (2); and 
"(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; and 
"(ii) an amount equal to one-third of one percent 
of the amount appropriated under section 753 for the 
fiscal year and available for allotments under sub-
section (a). 
"(B) CERTAIN TERRITORIES.—In the case of Guam, 
American Samoa, the United States Virgin Islands, the 
Commonwealth of the Northern Mariana Islands, and the 
Republic of Palau, the amoimt referred to in subparagraph 
(A) of paragraph (1) for a fiscal year is $40,000, except 
that the Republic of Palau may receive such aUotment 
under this section only until the Compact of Free Associa-
tion with Palau takes effect. 
106 STAT. 4468 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(3) FoRBfULA.—^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 imder section 753 and 
available for allotments imder subsection (a); and 
"(B) a percentage equal to the quotient of— 
"(i) an amount equal to the number of individuals 
rosiding in the State who are not less than 55 years 
ofage; divided by 
"(ii) an amount equal to the number of individuals 
residing in the United States who are not less than 
55 years ofage. 
"(4) DISPOSITION OF CERTAIN AMOUNTS.— 
Handicapped. 
"(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 imder 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 
agrees that the grant is subject to the same conditions 
as grants made under subsection (a). 
29 use 796/. 
'^EC. 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 1993 through 1997.". 
(b) TECHNICAL AMENDMENT.—The table of contents relating 
to the Act is amended by striking the items relating to title VII 
and inserting the following: 
"TITLE Vll—INDEPENDENT LIVING SERVICES AND CENTERS FOR 
INDEPENDENT LIVING 
"CHAPTER 1—INDIVIDUALS WITH SEVERE DISABILITIES 
"PART A—GENERAL PROVISIONS 
"Sec. 701. Purpose. 
"Sec. 702. Definitions. 
"Sec. 703. Eligibility for receipt of services. 
"Sec. 704. State plan. 
"Sec. 706. Statewide Independent living; Council. 
"Sec. 706. Responsibilities of the Commissioner. 
"PART B—INDEPENDENT LIVING SERVICES 
"Sec. 711. Allotments. 
"Sec. 712. Payments to States from allotments. 
"Sec. 713. Authorized uses of funds. 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4469 
"Sec. 714. Authorization of appropriations. 
TART C—CENTERS F
O
R INDEPENDENT LIVING 
"Sec. 721. Program authorization. 
"Sec. 722. Grants to centers for independent living in States in which Federal 
funding exceeds State funding. 
"Sec. 723. Grants to centers for independent living in States in which State 
funding equals or exceeds Federal funding. 
"Sec. 724. Centers operated by State agencies. 
"Sec. 725. Standards and assurances for centers for independent living. 
"Sec. 726. Definitions. 
"Sec. 727. Authorization of appropriations. 
"CHAPTER 2—INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE 
BUND 
"Sec. 751. Definition. 
"Sec. 752. Program of grants. 
"Sec. 753. Authorization of appropriations.". 
TITLE VIII—SPECIAL DEMONSTRATIONS 
AND TRAINING PROJECTS 
SEC 801. SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS. 
(a) IN GENERAL.—The Act (29 U.S.C. 701 et seq.) is amended 
by adding at the end the following title: 
"TITLE 
VIII—SPECIAL 
DEMONSTRA-
TIONS AND TRAINING PROJECTS 
"SEC 801. AUTHORIZATION OF APPROPRIATIONS. 
29 USC 797. 
"(a) DEMONSTRATION PROJECTS.—There are authorized to be 
appropriated to carry out section 802, such sums as may be nec-
essary for each of the fiscal years 1993 through 1997. 
"(b) TRAINING INITIATIVES.—There are authorized to be appro-
priated to carnr out section 803, such sums as may be necessary 
for each of the fiscal years 1993 through 1997. 
"SEC 802. DEMONSTRATION ACnVITIES. 
29 USC 797a. 
"(a) TRANSPORTATION SERVICES GRANTS.— 
"(1) GRANTS.—^The Commissioner shall make grants to 
States and to public or nonprofit agencies and organizations 
for the purpose of providing transportation services to individ-
uals with disabilities who— 
"(AXi) are employed or seeking employment; or 
"(ii) are receiving vocational renabilitation services 
from public or private organizations; and 
"(B) reside in geographic areas in which fixed route 
public transportation or comparable paratransit service is 
not available. 
"(2) USE OF GRANT.—^The Commissioner may make a grant 
under this subsection only if the applicant involved agrees 
that transportation services under this subsection will be pro-
vided on a regular and continuing basis between— 
"(A) the home of the individual; and 
"(B) the place of employment of the individual, the 
place where the individual is seeking employment, or the 
place 
where the individual is receiving 
vocationid 
rehabiUtation services. 
106 STAT. 4470 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(3) CHARGES.—The Commissioner may make a grant 
under paragraph (1) only if the applicant involved agrees that, 
in providing transportation services under this subsection— 
"(A) a charge for the transportation will be imposed 
on each employed eligible individual who uses the transpor-
tation; and 
"(B) the amount of the charge for an instance of use 
of the transportation for the distance involved will be in 
a fair and reasonable amount that is consistent with fees 
for comparable services in comparable geographic areas. 
"(4) REPORT.—^The Commissioner may make a grant under 
this subsection only if the applicant involved agrees to prepare 
and submit to the Commissioner, not later than December 
31 of the fiscal year following the fiscal year for which the 
grant is made, a report containing— 
"(A) a description of the goals of the program carried 
out with the grant; 
"(B) a description of the activities and services provided 
under the program; 
"(C) a description of the niunber of eligible individuals 
served under the program; 
"(D) a description of methods used to ensure that the 
program serves the eli^^ble individuals most in need of 
the transportation services provided imder the program; 
and 
"(£) such additional information as the Commissioner 
may require. 
"(5) CONSTRUCTION.—^Nothing in this subsection may be 
construed as limiting the rights or responsibilities of any 
individual under any other provision of this Act, under the 
Americans with Disabilities Act of 1990, or under any other 
provision of law. 
"(b) PROJECTS To ACHIEVE HIGH QUAUTY PLACEMENTS.— 
Grants. 
«(1) 
SPECIAL 
PROJECTS 
AND 
DEMONSTRATIONS.—The 
Commissioner shall make grants to public or nonprofit commu-
nity rehabilitation programs, designated State units, and other 
public or nonprofit agencies and organizations to pay for the 
cost of developing special projects and demonstrations related 
to vocational rehabilitation outcomes. Such projects and dem-
onstrations may include activities providing alternatives to case 
closure practice and identifying and implementing appropriate 
incentives to vocational rehabilitation counselors to achieve 
high quality placements for individuals with the most severe 
disabilities. 
"(2) CERTAIN REQUIREMENTS.—Each recipient of such a 
grant shall— 
"(A) identify, develop, and test exemplary models that 
can be replicated; and 
"(B) identify innovative methods, such as weighted case 
closures, to evaluate the performance of vocational 
rehabilitation counselors that in no way impede the accom-
plishment of the purposes and policy of serving, among 
others, those individuals with the most severe disabilities, 
"(c) EARLY INTERVENTION DEMONSTRATION PROGRAMS.— 
"(1) GRANTS.—^The Commissioner shall make grants to pub-
lic or nonprofit agencies and organizations to carry out dem-
onstration programs designed to demonstrate the utility of early 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4471 
\ intervention in furnishing vocational evaluation, training, and 
counseling services to working adults recently determined to 
have chronic and progressive diseases that may be severely 
disabling, such as multiple sclerosis. 
"(2) GRANT AcnvmES.—^In carrying out a demonstration 
program under paragraph (1), an eligible entity shall conduct 
a program intended to demonstrate the effectiveness of such 
early intervention in improving the job retention of the working 
adults or in facilitating the entry of the working adults to 
new careers and employment. The demonstration program shall 
test a number of alternative service systems, including an 
employer assistance program, a system involving early inter-
vention by State vocational rehabilitation agencies, and a pri-
vate nonprofit agency joint venture with an employer or State 
vocational rehabilitation agency, 
"(d) TRANSITION DEMONSTRATION PROJECTS.— 
"(1) GRANTS.—^The Commissioner may make grants to pub-
lic or nonprofit agencies and organizations to pay part or all 
of the costs of special projects and demonstration projects to 
support models for providing community-based, coordinated 
services to facilitate the transition of individuals with disabil-
ities fit>m rehabilitation hospital or nursing home programs 
or comparable programs, to programs providing independent 
living services in the community, including services such as 
personal assistance services, health maintenance services, coun-
seling, and social and vocational services. 
"(2) APPUCATION.—^To be eligible to receive a grant under 
this subsection, an agency or organization shall submit an 
application to the Commissioner at such time, in such manner, 
and containing such information as the Commissioner may 
require. 
"(3) EVALUATION.—An agency or organization that receives 
a grant under this subsection shall evaluate the effectiveness 
of such models and prepare and submit to the Commissioner 
a report containing the evaluation. 
"(e) BARRIERS TO SUCCESSFUL REHABILITATION OUTCOMES FOR 
MINORITIES.—^The Commissioner may award grants to public or 
nonprofit agencies and organizations— 
"(1) to conduct a study to examine the factors that have 
created barriers to successfiil rehabilitation outcomes for 
individuals with disabilities firom minority backgrounds, and 
develop and evaluate policy, research, and training strategies 
for overcoming the barriers; 
"(2) to conduct a study to examine the factors that have 
created significant underrepresentation of individuals firom 
minoritv backgrounds in the rehabilitation professions, includ-
ing such underrepresentation among researchers, and develop 
and evaluate policy, research, and training strategies for over-
coming the underrepresentation; and 
"(3) to conduct a study to examine the factors that have 
created barriers to successfiil rehabilitation outcomes for 
individuals with neurological or otiier related disorders, and 
examine how the hidden or episodic nature of the disability 
affects ehgibiUty and the provision of services. 
"(0 STUDIES, SPECIAL PROJECTS, AND DEMONSTRATION PROJECTS 
To STUDY MANAGEMENT AND SERVICE DELIVERY.— 
59-194 O—93 
27:QL3(Pt. 5) 
106 STAT. 4472 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(1) GRANTS.—The Commissioner may make grants to pub-
lic or nonprofit agencies and organizations to pay part or £dl 
of the costs of conducting studies, special projects, or aemonstra-
tion projects relating to the management and service delivery 
systems of the vocational rehabilitation programs authorized 
under this Act. 
"(2) APPLICATION.—^To be eligible to receive a grant under 
this subsection, an agency or organization shall submit an 
application to the Commissioner at such time, in such manner, 
and containing such information as the Commissioner may 
require. 
*
*
(
g
) DEMONSTRATION PROJECTS TO INCREASE CLIENT CHOICE.— 
"(1) GRANTS.—^The Commissioner may make grants to 
States and public or nonprofit agencies and organizations to 
pay all or part of the costs of projects to demonstrate ways 
to increase client choice in the renabilitation process, including 
the selection of providers of vocational rehabilitation services. 
"(2) USE OF FUNDS.—^An entity that receives a grant under 
this subsection shall use the grant only— 
"(A) for activities that are directly related to planning, 
operating, and evaluating the demonstration projects; and 
"(B) to supplement, and not supplant, funds made 
available from Federal and non-Federal sources for such 
projects. 
(3) APPLICATION.—^Any eligible entity that desires to 
receive a grant under this subsection shall submit an applica-
tion at such time, in such manner, and containing such informa-
tion and assurances as the Commissioner may require, 
including— 
(A) a description of— 
"(i) how the applicant intends to promote increased 
client choice in the rehabilitation process, including 
a description, if appropriate, of how an applicant will 
determine the cost of any service or product offered 
to an eligible client; 
"(ii) how the applicant intends to ensure that any 
vocational rehabilitation service or related service is 
provided by a qualified provider who is accredited or 
meets such other quality assurance and cost-control 
criteria as the State may establish; and 
"(iii) the outreach activities to be conducted by 
the applicant to obtain eligible clients; and 
"(B) assurances that a written plan will be established 
with the full participation of the client, which plan shall, 
at a minimum, include— 
"(i) a statement of the vocational rehabilitation 
goals to be achieved; 
"(ii) a statement of the specific vocational 
rehabilitation services to be provided, the projected 
dates for their initiation, and tne anticipated duration 
of each such service; and 
"(iii) obiective criteria, an evaluation procedure, 
and a schedule, for determining whether such goals 
are being achieved. 
**(4) AWARD OF GRANTS.—^In selecting entities to receive 
grants imder paragraph (1), the Commissioner shall take into 
consideration the— 
. * , - „ , 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4473 
"(A) diversity of strategies used to increase client 
choice, including selection among qualified 
service 
providers; 
"(B) geographic distribution of projects; and 
"(C) diversity of clients to be served. 
"(5) RECORDS.—^Entities that receive grants under para-
graph (1) shall maintain such records as the Commissioner 
may require and comply with any request from the Commis-
sioner for such records. 
"(6) DIRECT SERVICES.—At least 80 percent of the funds 
awarded for any project under this subsection shall be used 
for direct services, as specifically chosen by eligible clients. 
"(7) EVALUATION.—^Ilie Commissioner shall conduct an 
evaluation of the demonstration projects with respect to the 
services provided, clients served, client outcomes obtained, 
implementation issues addressed, the cost effectiveness of the 
project, and the effects of increased choice on cUents and service 
providers. The Commissioner may reserve funds for the evalua-
tion for a fiscal year from the amounts appropriated to carry 
out projects under this subsection for the 
fiscal 
year. 
"(8) DEFINITIONS.—^For the purposes of this subsection: 
*
*
(
A
) DIRECT SERVICES.—The term 'direct services' 
means vocational rehabilitation services, as described in 
section 103(a). 
"(B) EuGiBLE CUENT.—The term 'eligible client' means 
an individual with a disability, as defined in section 7(8XA), 
who is not currently receiving services under an individual-
ized written rehabilitation progrcun estabUshed through 
a designated State unit, 
"(h) NATIONAL COMMISSION ON REHABILITATION SERVICES.— 
"(1) ESTABUSHMENT.— 
"(A) IN GENERAL.—Subject to the availability of appro-
priations, there is hereby estabUshed a National Commis-
sion on Rehabilitation Services (referred to in this section 
as the 'National Commission') for the purpose of studying 
the nature, quality, and adequacy of vocational rehabilita-
tion, independent living, supported employment, research, 
training, and other programs authorized under this Act, 
and submitting to the President and to Congress rec-
ommendations that will further the successful employment 
outcomes, independence, and integration of individuals 
with disabilities into the workplace and community. 
"(B) COMPOSITION.— 
"(i) QUALIFICATIONS.—The National Commission 
shall consist of 15 members who are recognized by 
knowledge, experience, and education as experts in 
the field of rehabilitation. At least a msgority of the 
members of the National Commission shall be individ-
uals with disabilities representing a cross-section of 
individuals with different types of disabilities. 
"(ii) APPOINTMENT.—^Members of the National 
Commission shall be appointed as follows: 
"(1) PRESIDENTIAL APPOINTEES.—Five members 
shall be appointed by the President, or, if tiie 
President delegates uie authority to make the 
appointment, by the Secretary of Education. 
106 STAT. 4474 
PUBLIC LAW 102-569—OCT. 29, 1992 
"(ID SENATE APPOINTEES.—Five members shall 
be appointed by the president pro tempore of the 
Senate, with the advice and approval of the Mcgor-
ity Leader and Minority Leader of the Senate. 
"(Ill) HOUSE OF REPRESENTATIVES APPOINT-
EES.—^Five members shall be appointed by the 
Speaker of the House of Representatives with the 
advice and approval of the Mcgority Leader 
and 
Minority 
Leader 
of 
the 
House 
of 
Representatives. 
"(C) TERM.—^Members shall be appointed for the life 
of the National Commission. 
"(D) VACANCIES.—Any vacancy in the National 
Commission shall not affect its powers, but shall be filled 
in the same manner as the original appointment. 
"(E) CHAIRPERSON.—The National Commission shall 
select a Chairperson from among its members. 
"(F) MEETINGS.—^The National Commission shall meet 
at the call of the Chairperson, but not less often than 
four times each year. 
"(G) QUORUM.—Ten members of the National Commis-
sion shall constitute a quorum. 
"(H) COMMITTEES.—^The Chairperson, upon approval 
by the National Commission, may establish such commit-
tees as the Chairperson determines to be necessary to 
fulfill the duties of the National Commission. 
"(2) DUTIES.— 
"(A) STUDIES AND ANALYSES.—The National Commis-
sion shall conduct studies and analyses with respect to— 
"(i) the effectiveness of vocational rehabilitation 
and independent living services in enhancing the 
employment outcomes of individuals with disabilities; 
"(ii) the adequacy of research and training activi-
ties in fostering innovative approaches that further 
the emplojrment of individuals with disabilities; 
"(iii) the capacity of supported emplovment and 
independent living services in promoting the integra-
tion of individuals with disabilities into the workplace 
and community; 
"(iv) methods for enhancing access to services 
authorized under this Act by minorities who are 
individuals with disabilities and individuals with 
disabilities who are members of populations that have 
traditionally been unserved or tmderserved by pro-
grams under this Act that provide such vocational 
rehabilitation services and independent living services; 
"(v) means for enhancing interagency coordination 
amon^ Federal and State agencies to promote the maxi-
mization of employment-related programs, services, 
and benefits on behalf of individuals with Usabilities; 
and 
"(vi) such other issues as the National Commission 
may identify as relevant to promoting the employment, 
independence, and integration of individiials with 
disabilities. 
"(B) PoucY ANALYSES.—The National Commission 
shall conduct policy analyses to— , 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4475 
"(i) develop options for improving fiscal equity in 
the allotment of grants under section 110; 
'Xii) provide guidance on implementing the order 
of selection described in section 101(aX5XA); and 
"(iii) address 
the 
shortage 
of 
rehabilitation 
professionals. 
'(C) REPORTS.— 
"(i) INTEMM REPORT.—Not later than January 30, 
1995, the National Commission shall prepare and issue 
a comprehensive interim report to the President, the 
Committee on Education and Labor of the House of 
Representatives, and the Committee on Labor and 
Human Resources of the Senate, containing the results 
of the studies and analyses described in subparagraphs 
(A) and (B) and specific recommendations for amend-
ments to this Act needed to promote the provision 
of 
comprehensive 
vocational 
rehabilitation 
and 
independent living services on behalf of individuals 
with disabilities. 
"(ii) FINAL REPORT.—Not later than January 30, 
1997, the National Commission shall prepare and issue 
a comprehensive final report to the President, the 
Committee on Education and Labor of the House of 
Representatives, and the Committee on Labor and 
Human Resources of the Senate, containing the results 
and recommendations described in clause (i). 
"(3) POWERS.— 
"(A) HEARINGS.—^The National Commission may hold 
such hearings, sit and act at such times and places, take 
such testimony, and receive such evidence as tne National 
Commission determines to be necessary to carry out its 
fimctions. 
"(B) INFORMATION.— 
"(i) FEDERAL ENTITIES.—The National Commission 
may secure directly from any Federal department or 
agency such information (including statistics) as the 
National Commission considers necessary to carry out 
the functions of the National Commission. Upon 
request of the Chairperson of the National Commission, 
the head of such department or agency shall fiimish 
such information to tne National Commission. 
"(ii) OTHER ENTITIES.—^The National Commission 
may secure, directly or by contract or other means, 
such additional information as the National Commis-
sion determines to be necessary from imiversities, 
research institutions, foimdations. State and local 
agencies, and other public or private agencies. 
**(C) CONSULTATION.—The National Commission is 
authorized to consult with— 
"(i) any organization representing individuals with 
disabilities; 
"(ii) public or private service providers; 
"(iii) Federal, State, and local agencies; 
"(iv) individual experts; 
"(v) institutions of higher education involved in 
the preparation of vocational rehabihtation services 
personnel; and 
106 STAT. 4476 
PUBLIC LAW 102-569—OCT. 29, 1992 
'Xvi) such other entities and persons as will aid 
the National Commission in carrying out its duties. 
"(4) COMPENSATION AND TRAVEL EXPENSES.— 
"(A) COMPENSATION.—Each member of the National 
Commission who is not an officer or full-time employee 
of the Federal Government shall receive a pajrment of 
$150 for each day (including travel time) during which 
the member is engaged in IJie performance of duties for 
the National Commission. Members of the National 
Commission who are officers or full-time employees of the 
United States shall serve without compensation in addition 
to compensation received for their services as officers or 
employees of the United States. 
**(B) TRAVEL EXPENSES.—Each member of the National 
Commission may receive travel expenses, including per 
diem in lieu of subsistence, as authorized by section 5703 
of title 5, United States Code, for employees serving inter-
mittently in the Government service, for each day the 
member is engaged in the performance of duties away 
from the home or regular place of business of the member. 
"(5) STAFF.— 
"(A) APPOINTMENT.— 
"(i) STAFF DIRECTOR.—The Chairperson of the 
National Commission may, without regard to provi-
sions of title 5, United States Code, governing appoint-
ments in the competitive service, appoint and 
terminate a staff director of the National Commission. 
The emplojrment of the staff director shall be subject 
to confirmation by the National Commission. The staff 
director shall be appointed from among individuals 
who are experienced in the planning, administration, 
or operation of vocational rehabilitation and independ-
ent living services or programs. 
"(ii) ADDITIONAL PERSONNEL.—The staff director 
of the National Commission may, without regard to 
provisions of title 5, United States Code, governing 
appointments in the competitive service, appoint and 
terminate such additions! personnel as may be nec-
essary, but not more than ten full-time equivalent 
positions, to enable the National Commission to carry 
out its duties. 
*(B) COMPENSATION.—The Chairperson of the National 
Commission may fix the compensation of the staff director, 
and the staff director may fix the compensation of the 
additional personnel, without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of title 5, 
United States Code, relating to classification and General 
Schedule pay rates, except that the rate of pay for the 
staff director and other personnel may not exceed the rate 
of pay for level 4 of the Senior Executive Service Schedule 
under section 5382 of title 5, United States Code. 
"(6) COOPERATION.—The heads of all Federal agencies are, 
to the extent not prohibited by law, directed to cooperate witii 
the National Commission in carrying out its duties. The 
National Commission may utilize the services, personnel, 
information, and facilities of other Federal, State, local, and 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4477 
private agencies with or without reimbiirsement, upon the con-
sent of the heads of such agencies. 
"(7) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal 
Government employee may be detailed to the National Commis-
sion without reimbursement, and such detail shall be without 
interruption or loss of civil service status or privilege. 
*(8) TERMINATION.—^The National Commission shall termi-
nate not later than 90 days following the submission of the 
final report as described in paragraph (2XCXii). 
"(i) MODEL PERSONAL ASSISTANCE SERVICES SYSTEMS.—TTie 
Commissioner may award ^ants to public or nonprofit agencies 
and organizations to establish model personal assistance services 
systems and other innovative service programs to maximize the 
full inclusion and integration into society, employment, independent 
Uving, and economic and social self-sufficiency of individuals with 
disabilities. 
"(j) DEMONSTRATION PROJECTS TO UPGRADE WORKER SKILLS.— 
"(1) GRANTS.—Consistent with the purposes of section 621, 
the Commissioner may make grants to partnerships or consor-
tia that include private business concerns or industries to pay 
for the Federal share of developing and carrying out model 
demonstration projects for workers with disabilities who need 
new or upgraded skills to adapt to emerging technologies, work 
methods, and markets and to ensure that such individuals 
possess the knowledge and skills necessary to compete in the 
workplace. 
"(2) PERIOD.—Grants made under this subsection shall be 
for 3-year periods. 
"(3) APPLICATION.—^Any partnership or consortia desiring 
to receive a grant under this subsection shall submit an applica-
tion to the Commissioner at such time, in such manner, and 
containing such information and assurances as the Commis-
sioner may require, including— 
''(A) information identifying at least one member of 
the partnership or consortium that is a private business 
concern or industry; and 
**(B) assurances that— 
"(i) each member of the eligible partnership or 
consortium will pay a portion of the non-Federal snare 
of the cost of developing and carrying out the project; 
"(ii) the partnership or consortium will carry out 
all of the activities described in subparagraphs (A) 
through (E) of section 621(aX2); 
"Uii) the partnership or consortium will dissemi-
nate information on the model program conducted; 
"(iv) the partnership or consortium will utilize, 
if available, job skill stsuidards established jointly by 
management and labor to assist in evaluating the job 
skills of an individual and assessing the sluUs that 
are needed for the individual to compete in the work-
place; 
"(v) the partnership or consortium will prepare 
and submit an evaluation report containing data speci-
fied by the Commissioner at the end of each project 
year; and 
"(vi) the partnership or consortium will take such 
steps as are necessary to continue the activities of 
106 STAT. 4478 
PUBLIC LAW 102-569—OCT. 29, 1992 
the project after the period for which Federal assist-
ance is sought. 
^ 
**(4) DEFiNrnON.—^For the purposes of this subsection, the 
term ^workers with disabiUties' shall mean individuals with 
disabiUties who are working in competitive employment and 
who need new or upgraded skills to improve their employment 
and career advancement opportunities, 
"(k) MODEL SYSTEMS REGARDING SEVERE DISABILITIES.—The 
Commissioner may award grants to public or nonprofit agencies 
and organizations to establish model systems of comprehensive 
service delivery to individuals with severe disabilities, other than 
spinal cord injuries, requiring a multidisciplinary system of provid-
ing vocational and other rehabilitation services, where the Commis-
sioner determines that the development of such systems is needed. 
29 use 797b. 
"SEC. 803. TRAINING ACUVmES. 
"(a) DISTANCE LEARNING THROUGH TELECOMMUNICATIONS.— 
"(1) GRANTS.—^The Commissioner shall award at least three 
grants to eligible institutions of higher education, to support 
the formation of regional partnerships with other public or 
private entities for the purpose of developing and implementing 
in-service training programs, including certificate or degree 
granting programs concerning vocational rehabilitation services 
and related services, for vocational rehabilitation professionals 
through the use of telecommunications. 
"(2) APPLICATIONS.—Any eligible entity that desires to 
receive a grant under this subsection shall submit an applica-
tion at such time, in such manner, and containing such informa-
"
^ 
tion and assurances as the Commissioner may require, 
including— 
''(A) a detailed explanation of how the applicant will 
utilize interactive audio, video, and computer technologies 
between distant locations to provide in-service training pro-
grams to the region; 
"(B) a description of how the applicant intends to utilize 
and build upon existing telecommunications networks 
within the region to be served; 
"(C) a copy of all agreements governing the division 
of functions within the partnership, including an assurance 
that all States within the region will be served; 
"(D) a copy of a binding commitment entered into 
between the partnership and each entity that is legally 
permitted to provide, and from which the partnership is 
to obtain, the telecommunications services and facilities 
required for the project, that stipulates that if the partner-
ship receives the grant the entity will provide such tele-
communications services and facilities in the area to be 
served within a reasonable time and at a charge that 
is in accordance with State law; 
"(E) a description of the curriculum to be provided, 
frequency of providing service, and sites of service; 
"(F) a description of the need to purchase or lease— 
"(i) computer hardware and software; 
"(ii) audio and video equipment; 
"(iii) telecommunications terminal equipment; or 
. 1 , 
"(iv) interactive video equipment; 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4479 
"(G) an assurance that the partnership will use not 
less than 75 percent of the amount of the grant for instruc-
tionsd curricmum development and programming; and 
"(H) a description of the means by which the project 
will be evaluated. 
"(3) AWARD OF GRANTS.—^In awarding grants under para-
graph (1), the Commissioner shall take into consideration the 
sparsity of State populations in the region to be served. 
"(4) DEFINITIONS.—^For the purposes of this subsection: 
"(A) EUGIBLE ENTITY.—The term 'eligible entity* means 
any institution of higher education with demonstrated 
experience in the area of continuing education for voca-
tionid rehabilitation personnel. 
"(B) INTERACTIVE VIDEO EQUIPMENT.—The term 'inter-
active video equipment' means equipment used to produce 
and prepare video and audio signals for transmission 
between distant locations so that individuals at such loca-
tions can see and hear eadi other, and related equipment. 
"(C) REGION.—The term 'region' means one of the 
ten regions served by the Rehabilitation Services 
Administration. 
"(D) 
REHABILITATION 
PROFESSIONALS.—The 
term 
'rehabilitation professionals' means personnel described in 
section 301(aXl). 
"(b) BRAILLE TRAINING PROJECTS.— 
"(1) ESTABUSHMENT.—The Commissioner shall make Grants. 
grants to and enter into contracts with States and public or ^"^^^<^-
nonprofit agencies and organizations, including institutions of 
higher education, to pay all or part of the cost of training 
in the use of Braille for personnel providing vocational 
rehabilitation services or educational services to youth and 
adults who are blind. 
"(2) PROJECTS.—Such grants shall be used for the estabUsh-
ment or continuation of projects that may provide— 
"(A) development of Braille training materials; and 
"(B) in-service or pre-service training in the use of 
Braille and methods of teaching Bridlle to youth and adults 
who are blind. 
"(3) APPLICATION.—^To be eUgible to receive a grant, or 
enter into a contract, under paragraph (1), an agency or 
organization shall submit an application to the Commissioner 
at such time, in such manner, and containing such information 
as the Commissioner may require, 
"(c) PARENT INFORMATION AND TRAINING PROGRAMS.— 
"(1) GRANTS.—^The Commissioner is authorized to make 
grants through a separate competition to private nonprofit 
organizations for the puri>ose of establishm^ programs to pro-
vide training and information to enable individuals with disabil-
ities, and the i^arents, family members, guardians, advocates, 
or other authorized representatives of the mdividuals to partici-
pate more effectively with professionals in meeting tiie voca-
tional and rehabilitation needs of individuals with disabiUties. 
Such grants shall be designed to meet the unique training 
and information needs of individuals with disabilities, and the 
parents, family members, guardians, advocates, or other author-
ized representatives of the individuals, who Uve in the area 
to be served, particularly those who are members of populations 
106 STAT. 4480 
PUBLIC LAW 102-569—OCT. 29, 1992 
that have been unserved or underserved by programs under 
this Act. 
"(2) USE OF GRANTS.—An organization that receives a grant 
to establish training and information programs under this sub-
section shall use the grant to assist individuals with disabilities, 
and the parents, family members, guardians, advocates, or 
authorizea representatives of the individuals to— 
"(A) better understand vocational rehabilitation and 
independent living programs and services; 
(B) provide foUowup support for transition and 
employment programs; 
"(C) communicate more eCTectively with transition and 
rehabilitation personnel and other relevant professionals; 
"(D) provide support in the development of the individ-
ualized written rehabilitation program; 
"(E) provide support and expertise in obtaining 
information about rehabilitation and independent living 
programs, services, and resources that are appropriate; 
and 
"(F) understand the provisions of this Act, particularly 
provisions relating to employment, supported employment, 
and independent living. 
"(3) AWARD OF GRANTS.—^The Commissioner shall ensure 
that grants imder this subsection shall— 
"(A) be distributed geographically to the greatest extent 
possible throughout all States; and 
"(B) be targeted to individuals with disabilities, and 
the parents, family members, guardians, advocates, or 
authorized representatives of the individuals, in both urban 
and rural areas or on a State or regional basis. 
"(4) ELIGIBLE ORGANIZATIONS.—In order to receive a grant 
under this subsection, a private nonprofit organization shall— 
"(A) submit an application to the Commissioner at 
such time, in such manner, and containing such informa-
tion as the Commissioner may require, including informa-
tion demonstrating the capacity and expertise of the 
organization to— 
**(i) coordinate and work closely with parent train-
ing and information centers established imder section 
631 of the Individuals with Disabilities Education Act 
(20U.S.C. 1431);and 
"(ii) effectively conduct the training and informa-
tion activities authorized imder this subsection; 
"(BXi) be governed by a board of directors— 
"(I) that includes professionals in the field of voca-
tional rehabilitation; and 
'XII) on which a migority of the members are 
individuals with disabiUties or the parents, family 
members, guardians, advocates, or authorized rep-
resentatives of the individuals; or 
"(iiXD have a membership that represents the interests 
of individuals with disabilities; and 
"(ID establish a special governing committee that meets 
the requirements specified in subclauses (I) and (II) of 
clause (i) to operate a training and information program 
under this subsection; and 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4481 
"(C) serve individuals with a full range of disabilities, 
and the parents, family members, guarcuans, advocates, 
or authorized representatives of the individuals. 
"(5) CONSULTATION.—^Each private nonprofit organization 
c a n i n g out a program receiving assistance imder this sub-
section shsdl consult with appropriate agencies that serve or 
assist individuals with disabiUties, and the parents, family 
members, guardians, advocates, or authorized representatives 
of the individuals, located in the jurisdiction served by the 
program. 
"(6) COORDINATION.—^The Commissioner shall provide 
coordination and technical assistance by grant or cooperative 
agreement for establishing, developing, and coordinating the 
training and information programs. To the extent practicable, 
such assistance shall be provided by the parent training and 
information centers established under section 631 of the 
Individuals with Disabilities Education Act (20 U.S.C. 1431). 
"(7) REVIEW.— 
"(A) QUARTERLY REVIEW.—The board of directors or 
special governing committee of a nonprofit private organiza-
tion receiving a grant under this subsection shall meet 
at least once in each calendar Quarter to review the training 
and information program, ana each such committee shall 
directly advise the governing board regarding the views 
and recommendations of the committee. 
"(B) REVIEW FOR GRANT RENEWAL.—If a nonprofit pri-
vate organization requests the renewal of a grant imder 
this subsection, the board of directors or the special govern-
ing committee shall prepare and submit to the Commis-
sioner a written review of the training and information 
program conducted b^ the nonprofit private organization 
during the preceding nscal year. 
"(d) TRAINING REGARDING IMPARTIAL HEARING OFFICERS.—The 
Commissioner may award grants to public or nonprofit agencies 
and organizations to provide training designed to provide impartial 
hearing officers with the skills necessary to fairly decide appeals 
under this Act. 
"(e) RECRUITMENT AND RETENTION OF URBAN PERSONNEL.— 
The Commissioner may award grants to public or nonprofit agencies 
and organizations to develop and demonstrate innovative methods 
to attract and retain professionals to serve in urban areas in the 
rehabilitation of individuals with disabilities, including individuals 
with severe disabilities. 
"(f) CERTAIN REQUIREMENTS.—^The requirements of subsections 
(a) (except the first sentence), (b), and (c), of section 302, and 
paragraphs (1) and (2) of subsection (g) of such section, shall apply 
with respect to grants made available under this section, other 
than subsection (c). The requirements of section 306 shall apply 
with respect to grants made available under this section.". 
(b) ACCOUNT.—^There shall be established an account with a 
distinct designated budget account identification code number in 
the President's budget, for activities under title VIII of the 
RehabiUtation Act of 1973. Funding for such activities shall be 
available only to such extent as is provided, or in such amounts 
as are provided, in appropriations Acts. Such account shall be 
separate and distinct from the accounts for all other activities 
under titles I through VII of such Act. 
(c) TECHNICAL AMENDMENT.—The table of contents relating 
to the Act is amended by adding at the end the following: 
106 STAT. 4482 
PUBLIC LAW 102-569—OCT. 29, 1992 
'TITLE VIII—SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS 
"Sec. 801. Authorization of appropriations. 
"Sec. 802. Demonstration activities. 
"Sec. 803. Training activities.". 
TITLE IX—AMENDMENTS TO OTHER 
ACTS 
Subtitle A—^Helen Keller National Center 
SEC. 901. CONGRESSIONAL FINDINGS. 
Section 202 of the Helen Keller National Center Act (29 U.S.C. 
1901) is amended— 
(1) in paragraph (2), by inserting ", the rapidly increasing 
number of older persons many of whom are experiencing signifi-
cant losses of both vision and hearing," aner ''1960's''; and 
(2) in paragraph (5), by striking "invested approximately 
$10,000,000" and mserting "made a substantial investment . 
SEC. 902. CONTINUED OPERATION OF CENTER. 
Section 203 of the Helen Keller National Center Act (29 U.S.C. 
1902) is amended— 
(1) by striking subsection (a); 
(2) by redesignating subsections (b) and (c) as subsections 
(a) and (b), respectively; 
(3) in subsection (a) (as so redesignated by paragraph (2))— 
(A) by striking "pursuant to section 313 of the 
Rehabilitation Act of 1973" and inserting "prior to the 
date of enactment of this Act"; and 
(B) by striking "(c)" and inserting "(b)"; and 
(4) in subsection (b) (as so redesignated by paragraph (2))— 
(A) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4), respectively; 
(B) by inserting after paragraph (1) the following new 
paragraph: 
(2) train family members of individuals who are deaf-
blind at the Center or anywhere else in the United States, 
in order to assist family members in providing and obtaining 
appropriate services for the individual who is deaf-blind;". 
SEC. 903. AUDIT, MONITORING, AND EVALUATION. 
Section 204 of the Helen Keller National Center Act (29 U.S.C. 
1903) is amended in subsection (a) by striking "at such time as 
the Secretary shall prescribe" and inserting "vathin 15 days follow-
ing the completion of the audit and acceptance of the audit by 
the Center". 
SEC. 904. AUTHORIZATION OF APPROPRIATIONa 
Section 205 of the Helen Keller National Center Act (29 U.S.C. 
1904) is amended in subsection (a) by striking "1987 through 1992" 
and inserting "1993 through 1997". 
SEC. 90S. DEFINITIONS. 
Section 206 of the Helen Keller National Center Act (29 U.S.C. 
1905) is amended— 
(1) in paragraph (1), by striking "section 313 of the 
Rehabilitation Act of 1973 and continued under"; and 
(2) in paragraph (2), to read as follows: 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4483 
**(2) the term 'individual who is deaf-blind' means any 
individual— 
"(AXi) who has a central visual acuity of 20/200 or 
less in the better eye with corrective lenses, or a field 
defect such that the peripheral diameter of visual field 
subtends an angular distance no ^eater than 20 degrees, 
or a progressive visual loss having a prognosis leading 
to one or both these conditions; 
"(ii) who has a chronic hearing impairment so severe 
that most speech cannot be imoerstood with optimum 
amplification, or a progressive hearing loss having a 
prognosis leading to tms condition; and 
"(iii) for whom the combination of impairments 
described in clauses (i) and (ii) cause extreme difficulty 
in attaining independence in daily life activities, achieving 
psychosocial adjustment, or obtaining a vocation; 
"(B) who despite the inability to be measiired 
accurately for hearing and vision loss due to cognitive 
or behavioral constraints, or both, can be determined 
through functional and performance assessment to have 
severe hearing and visual disabilities that cause extreme 
difficulty in attaining independence in daily life activities, 
achieving psychosocial adjustment, or obtaining vocational 
objectives; or 
"(C) meets such other requirements as the Secretary 
may prescribe by regulation; and". 
SEC. 906. CONSTRUCTION OF ACT, EFFECT ON AGREEMENTS. 
Section 207 of the Helen Keller National Center Act (29 U.S.C. Nomenclature. 
1906) is amended by striking "Industrial Home for the Blind, Incor-
porated" and inserting "Helen Keller Services for the Blind, Incor-
porated". 
SEC. 907. ESTABLISHMENT OF A PROGRAM. 
The Helen Keller National Center Act (29 U.S.C. 1901 et seq.) 
is amended by adding at the end the following new section: 
'^EC. 208. HELEN KELLER NATIONAL CENTER FEDERAL ENDOWMENT 
29 USC 1907. 
PROGRAM. 
"(a) ESTABLISHMENT.—The Secretary and the Board of Directors 
of the Helen Keller National Center are authorized to establish 
the Helen Keller National Center Federal Endowment Fund (here-
after in this section referred to as the 'Endowment Fund') in accord-
ance with the provisions of this section, to promote the financial 
independence of the Helen Keller National Center. The Secretary 
and the Board may enter into such agreements as may be necessary 
to carry out the purposes of this section. 
"(b) FEDERAL PAYMENTS.— 
"(1) IN GENERAL.—^The Secretary shall make payments to 
the Endowment Fimd from amounts appropriated pursuant 
to subsection (h), consistent with the provisions of this section. 
"(2) AMOUNT OF PAYMENT.—Subject to the availability of 
appropriations, the Secretary shall make payments to the 
Efndowment Fund in amounts equal to sums contributed to 
the Endowment Fund from non-Federal sources (excluding 
transfers 
fi:'om 
other endowment fiinds of the Center). 
"(c) INVESTMENTS.— 
"(1) IN GENERAL.—^The Center, in investing the Endowment 
Fund corpus and income, shall exercise the judgment and care, 
under the prevailing circumstances, which a person of prudence, 
106 STAT. 4484 
PUBLIC LAW 102-569—OCT. 29, 1992 
discretion, and intelligence would exercise in the management 
of that person's own business affairs. 
*
*
(
2
) LIMITATIONS.— 
"(A) 
FEDERALLY INSURED INVESTMENTS AND OTHER 
I
N
V
E
S
T
M
E
N
T
S
.
—
^
T
h
e Endowment Fund corpus and income 
shall be invested in federally insured bank savings accounts 
or comparable interest bearing accounts, certificates of 
deposit, money market funds, mutual funds, obligations 
of the United States, or other low-risk instruments and 
securities in which a regulated insurance company may 
invest under the laws of the State of New York. 
*
*
(
B
) REAL ESTATE.—The Endowment Fimd corpus and 
income may not be invested in real estate. 
"(C) CONFLICT OF INTEREST.—The Endowment Fund 
corpus or income may not be invested in instruments or 
seciuities issued by an organization in which an executive 
officer is a controlling shareholder, director, or owner 
within the meaning of Federal securities laws and other 
applicable laws. 
"(D) ENCUMBRANCES.—The Center may not assign, 
hypothecate, encimiber, or create a lien on the Endowment 
Fund corpus without specific written authorization of the 
Secretary. 
"(d) WITHDRAWALS A
N
D EXPENDITURES.— 
"(1) IN GENERAL.—^For a 20-year period following the receipt 
of a payment under this section, the Center shall not withdraw 
or expend the Federal payment or matching contribution made 
to the Endowment Fund corpus. On the expiration of such 
period, the Center may use the Endowment Fund corpus plus 
any of the Endowment Fund income for any purpose that 
benefits individuals who are deaf-blind. 
"(2) OPERATIONAL AND COMMERCIAL EXPENSES.— 
"(A) IN GENERAL.—The Helen Keller National Center 
may withdraw or expend the Endowment Fund income 
for any expenses necessary for the operation of the Center, 
including expenses of operations and maintenance, 
administration, academic and support personnel, construc-
tion and renovation, commimity and client services pro-
grams, technical assistance, and research. 
"(B) LIMITATION.—^The Center may not withdraw or 
expend the Endowment Fund income for any commercial 
purpose. 
"(3) LIMITATIONS AND WAIVER OF LIMITATIONS.— 
"(A) IN GENERAL.—^Except as provided in subparagraph 
(B), the Center shall not withdraw or expend more than 
50 percent of the total aggregate Endowment Fimd income 
earned prior to the time of withdrawal or expenditure. 
"(B) EXCEPTION.—The Secretary may permit the Cen-
ter to withdraw or expend more than 50 percent of its 
total aggregate endowment income where the Center 
demonstrates to the Secretary's satisfaction that such with-
drawal or expenditure is necessary because of— 
"(i) a financial emergency, such as a pending insol-
vency or temporary liquidity problem; 
"(ii) a me-threatening situation occasioned by a 
natural disaster or arson; or 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4485 
"(iii) another unusual occurrence or exigent 
circumstance. 
"(e) REPORTING REQUIREMENTS.— 
"(1) FINANCIAL RECORDS.—^The Helen Keller National Cen-
ter shall keep accurate financial records relating to the oper-
ation of the Endowment Fimd. 
"(2) AUDIT AND REPORT.— 
"(A) AUDIT.—^The Center shall arrange for the conduct 
of an annual financial and compliance audit of the Endow-
ment Fund in the manner prescribed by the Secretary 
pursuant to section 204(a) (29 U.S.C. 1903(a)). 
"(B) REPORT.—The Center shall submit a copy of the 
report on the audit required under subparagraph (A) to 
the Secretary within 15 days after completion of the audit 
and acceptance of the audit by the Center. 
"(3) ANNUAL REPORT.—Not later than 60 days after the 
end of each fiscal year, the Center shall provide to the Secretary 
an annual report on the uses of fimds provided by the Federal 
endowment program authorized tinder this section. Such report 
shall contain such information, and be in such form as the 
Secretary may require. 
"(f) RECOVERY OF PAYMENTS.—After notice and an opportunity 
for a hearing, the Secretary is authorized to recover any Federcd 
payments made under this section if the Helen Keller National 
Center— 
"(1) makes a withdrawal or expenditure 
firom 
the Endow-
ment Fund corpus or income which is not consistent with 
the provisions of 
this section; 
"(2) fails to comply with the investment standards and 
limitations under this section; or 
"(3) fails to account properly to the Secretary concerning 
the investment of or expenditures 
firom 
the Endowment Fund 
corpus or income. 
"(g) DEFINITIONS.—^For the purposes of this section: 
"(1) ENDOWMENT FUND.—The term 'endowment fimd' 
means a fimd, or a tax-exempt foundation, established and 
maintained by the Helen Keller National Center for the purpose 
of generating income for the support of tlie Center. 
"(2) ENDOWMENT FUND CORPUS.—The term 'Endowment 
Fund corpus' means an amount equal to the Federal payments 
made to the Endowment Fimd and amounts contributed to 
the Endowment Fund 
firom 
non-Federal sources. 
"(3) ENDOWMENT FUND INCOME.—The term 'Endowment 
Fund income' means an amount equal to the total market 
value of the Endowment Fimd minus the Endowment Fimd 
corpus. 
"(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section, such sums as may 
be necessary for each of the fiscal years 1993 through 1997. Such 
sums shall remain available until expended.". 
SEC. 908. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) DEAF-BLIND INDIVIDUALS.—Paragraphs (1) through (4) of 
section 202, and section 203(bX3) (as so redesignated by paragraphs 
(2) and (4XA) of section 902), of the Helen Keller National Center 
Act (29 U.S.C. 1901 and 1902(bX3)) are amended by striking "deaf-
106 STAT. 4486 
PUBLIC LAW 102-569—OCT. 29, 1992 
blind individuals" each place the term appears and inserting 
"individuals who are deaf-blind". 
(b) DEAF-BLIND INDIVIDUAL.—Section 203(b)(1) of such Act (29 
U.S.C. 1902(bXl)) (as so redesignated by section 902(2)) is amended 
by striking "deaf-blind individual" and inserting "individual who 
is deaf-blind". 
(c) DEAF-BLIND YOUTHS A
N
D ADULTS.— 
Nomenclature. 
(1) Sections 202(4), 203(a) (as so redesignated by section 
902(2)), and 206(1) of such Act (29 U.S.C. 1901(4), 1902(a), 
and 1905(1)) are amended by striking "Deaf-Blind Youths and 
Adults" each place the term appears and inserting "Youths 
and Adults who are Deaf-Blind". 
(2) Section 203 of such Act (29 U.S.C. 1902) is amended 
in the section heading by striking "DEAF-BLIND Y
O
U
T
H
S A
N
D 
ADULTS" and inserting "YOUTHS AND ADULTS WHO ARE DEAF-
BLIND". 
Subtitle B—Other Programs 
SEC. 911. COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND 
OR SEVERELY DISABLED. 
Nomenclature. 
(a) WAGNER-O'DAY ACT.—Section 1 of the Act entitled "An 
Act to Create a Committee on Purchases of Blind-made Products, 
and for other purposes", approved Jime 25, 1938 (commonly known 
as the Wagner-ODay Act; 41 U.S.C. 46) is amended by striking 
"from the Blind and Other Severely Handicapped" and inserting 
"From People Who Are Blind and Severely Disaoled". 
(b) SMALL BUSINESS ACT.—Section 15(cXlXA) of the Small Busi-
ness Act (15 U.S.C. 644(cXlXA)) is amended by striking "from 
the Blind and Other Severely Handicapped" and inserting "From 
People Who Are Blind or Severely Disabled". 
SEC. 912. INDIVIDUALS WITH DISABILITIES EDUCATION ACT. 
(a) TRAINING OR RETRAINING.—Section 631(a) of the Individuals 
with Disabilities Education Act (20 U.S.C. 1431(a)) is amended 
by adding at the end thereof the following new paragraph: 
"(8) In making grants under paragraph (1), the Siecretary may 
provide for the training or retraining of regular education teachers 
who are involved in providing instruction to individuals who are 
deaf, but who are not certified as teachers of such individuals, 
to meet the commimications needs of such individuals.". 
(b) NOTICE.— 
(1) IN GENERAL.—Within 90 days after the date of enact-
ment of this Act, the Secretary of Education shall issue a 
Notice of Inquiry concerning the definition of the term "serious 
emotional disturbance" as iised in the Individuals with Disabil-
ities Education Act. 
(2) PUBUC COMMENT.—The Secretary of Education shall 
provide a public comment period of at least 90 days and shall 
request and consider— 
(A) comments from the public on the need to revise 
the definition of the term in the regulations implementing 
such Act; and 
(B) comments fi*om the public on whether the term 
as used in such Act should be changed and on whether 
the substitution of the term "emotional and behavioral 
PUBLIC LAW 102-569—OCT. 29, 1992 
106 STAT. 4487 
disorders" would be appropriate, or whether some other 
term should be used. 
(3) DEFINITION.—The Notice of Inquiry shall contain the 
following proposed definition for use in the regulations 
implementing such Act: 
"(1) As used in section 602(aXl) of the Individuals with 
DisabiUties Education Act (20 U.S.C. 1401(aXl)): 
"(A) The term 'serious emotional disturbance' means 
a disability that is— 
"(i) characterized by behavioral or emotional 
response in school programs so different from appro-
priate age, cultural, or ethnic norms that the responses 
adversely affect educational performance, including 
academic, social, vocational or personal skills; 
"(ii) more than a temporary, expected response 
to stressful events in the environment; 
"(iii) consistently exhibited in two different set-
tings, at least one of which is school-related; and 
"(iv) unresponsive to direct intervention applied 
in general education, or the condition of a child is 
sucn that general education interventions would be 
insufficient. 
"(B) The term includes such a disability that co-exists 
with other disabilities. 
"(C) The term includes a schizophrenic disorder, affec-
tive disorder, anxiety disorder, or other sustained disorder 
of conduct or acfjustment, affecting a child, if the disorder 
affects educational performance as described in paragraph 
(1). 
"(2) The term 'seriously emotionally disturbed' means, with 
respect to a child, that the child has a serious emotional 
disturbance.". 
(4) REPORT.—^The Secretaiy shall, within 10 months after 
the date of enactment of this Act, prepare a report containing 
a summary of the pubUc comments described in paragraph 
(2XB) received as a result of the Notice of Inquiry, and rec-
ommendations concerning whether such Act should be amend-
ed. The report shall be siu>mitted to the appropriate committees 
of Congress, including the Subcommittee on Select Education 
of the Committee on Education and Labor of the House of 
Representatives, and the Subcommittee on Disability PoUcy 
of the Committee on Labor and Human Resources of the Senate. 
SEC. 913. TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS 
WITH DISABILITIES ACT OF 1988. 
The Technology-Related Assistance for Individuals With 
Disabilities Act of 1988 is amended— 
(1) in section 221(aXl) (29 U.S.C. 2251(aXl)), by striking 
"nonprofit or for-profit entities" and inserting "public or private 
agencies and organizations, including institutions of higher 
education,"; 
(2) in section 222(a) (29 U.S.C. 2252(a)), by striking "non-
profit and for-profit entities" and inserting "pubUc or private 
agencies and organizations, including institutions of higher edu-
cation,"; and 
(3) m section 231(a) (29 U.S.C. 2252(a)), by striking "non- 29 use 2261. 
profit and for-profit entities" and inserting "public or private 
106 STAT. 4488 
PUBLIC LAW 102-569—OCT. 29, 1992 
agencies and organizations, including institutions of higher 
education,". 
SEC. 914. PRESIDENT'S COMMITTEE ON EMPLOYMENT OF PEOPLE 
WITH DISABILITIES. 
The Joint Resolution entitled "Joint Resolution authorizing an 
appropriation for the work of the President's Committee on National 
Efmploy the Physically Handicapped Week", approved July 11, 1949 
(36 U.S.C. 155a) is amended— 
(1) by striking 'handicapped persons" and inserting "per-
sons with disabilities"; 
(2) by striking "the handicapped" and inserting "such 
persons"; 
(3) by striking "for each of the fiscal years 1987, 1988, 
1989, 1990, and 1991," and inserting "for each of the fiscal 
years 1993,1994,1995,1996, and 1997,"; and 
(4) by striking "The President's Committee on Employment 
' 
of the Handicapped shall be guided by the general policies 
of the National Council on the Handicapped.". 
: 
Approved October 29, 1992. 
LEGISLATIVE HISTORY—H.R. 5482 (S. 3065): 
HOUSE REPORTS: Nos. 102-822 (Comm. on Education and Labor) and 102-973 
(Coram, of Conference). 
SENATE REPORTS: No. 102-357 accompanying S. 3065 (Comm. on Labor and Human 
"RGSOMTCGS) 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Aug. 10, considered and passed House. 
Aug. 11, S. 3065 considered and passed Senate. 
Aug. 12, H.R. 5482 considered and passed Senate, amended. 
Oct. 2, House agreed to conference report. 
Oct. 5, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 29, Presidential statement.