Public Law 102–569. To revise and extend the programs of the Rehabilitation Act of 1973, and for other purposes

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106 STAT. 4344 Public Law 102–569 102d Congress An Act To revise and extend the programs of the Rehabilitation Act of 1973, and for other purposes.Oct. 29, 1992[[H.R. 5482](/us/bill/102/hr/5482)] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Rehabilitation Act Amendments of 1992. Labor. [29 USC 701 note](/us/usc/t29/s701). 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. TITLE 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 purpose. 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. 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. Employment 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 Employment 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 IX— 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 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 Disabled. 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 VOCATIONAL 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 economic, political, social, cultural, and educational main-stream of American society; “(4) increased employment of individuals with disabilities can be achieved through the provision of individualized training, independent living services, educational and support services, and meaningful opportunities for employment in integrated work settings through the provision of reasonable accommodations; “(5) individuals with disabilities continually encounter various forms of discrimination in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and public services; and “(6) the goals or the Nation properly include the goal of providing individuals with disabilities with the tools necessary to— 106 STAT. 4347 “(A) make informed choices and decisions; and “(B) achieve equality of opportunity, full inclusion and integration in society, employment, independent living, and economic and social self-sufficiency, for such individuals. “(b) Purpose.— The purposes of this Act are— “(1) to empower individuals with disabilities to maximize employment, economic self-sufficiency, independence, and inclusion 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 ensure 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 employment and independent living. “(c) Policy.—It is the policy of the United States that all programs, projects, and activities receiving assistance under this Act shall be carried out in a manner consistent with the principles of— “(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 (including the use of accessible formats), of the individuals; “(3) inclusion, integration, and full participation of the individuals; “(4) support for the involvement of a parent, a family member, a guardian, an advocate, or an authorized representative 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 101(a)(1)(A). "

(b)Establishment of a Community Rehabilitation Program.—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 community rehabilitation programs)”.

(c)Employment Outcome.—Section 7(6) (29 U.S.C. 706(6)) is amended to read as follows: 106 STAT. 4348 " “(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 satisfying the vocational outcome of supported employment) or satisfying 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

(5)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 inserting “78.7 percent”;

(2)by striking subparagraph (B);

(3)by redesignating subparagraphs

(C)and

(D)as subparagraphs

(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 111(a)(3)”.

(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 disability”;

(B)in clause (i)—

(i)by striking “disability” and inserting “impairment”; and

(ii)by striking “handicap” and inserting “impediment”; 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 VIII”;

(2)in subparagraph (B)—

(A)by striking “(C) and (D)” and inserting “(C), (D), (E), and (F)”;

(B)by striking “handicaps” and inserting “a disability”; 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 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 homosexuality 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, exhibitionism, voyeurism, 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 community 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 typically 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 (h)(2)) 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(13)) 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 “impairment”; and

(ii)by striking “employability” and inserting “an employment outcome”; and 106 STAT. 4350

(C)in clause (iii), by striking “evaluation of rehabilitation 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 following: " “(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 employment, respectively. “(C) For purposes of section 13 and title II, the term ‘individual with a severe disability’ includes an individual described in subparagraph

(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 Mariana Islands, and the Republic of Palau (until the Compact of Free Association with Palau takes effect).”. "

(l)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 employment has not traditionally occurred; or “(II) for whom competitive employment has been interrupted or intermittent as a result of a severe disability; and “(ii) who, because of the nature and severity of their disability, 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 vocational 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 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 comprehensive assessment (including the administration of the assessment) of the unique strengths, resources, priorities, interests, and needs, including the need for supported employment, of an eligible individual to make a determination of the goals, objectives, nature, and scope of vocational rehabilitation 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 identify 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 functional capacities, educational achievements, work experience, 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 affect 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 performance, 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 technology 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 “(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 (8)(A). “(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 vocational 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 vocational 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 ‘disability means— “(A) except as otherwise provided in subparagraph (B), a physical or mental impairment that constitutes or results in a substantial impediment to employment; 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 major life activities. “(27) The term ‘extended services’ means ongoing support services and other appropriate services, needed to support and maintain an individual with the most severe disability in supported employment, that— 106 STAT. 4353 “(A) are provided singly or in combination and are organized and made available in such a way as to assist an eligible individual in maintaining integrated, competitive employment; “(B) are based on a determination of the needs of an eligible individual, as specified in an individualized written rehabilitation 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 (A)(i) 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 counseling); 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, including 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 accommodations to and modifications of any space used to serve, or occupied 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 interpreter 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 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 programs 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 disabilities; and “(xxi) such other services as may be necessary and not inconsistent with the provisions of this Act. “(31)

(A)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 disabilities; “(B) provided, at a minimum, twice monthly— “(i) to make an assessment, regarding the employment situation, at the worksite of each such individual in supported employment, or, under special circumstances, especially 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 (22)(B); 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 individual; “(vi) followup services such as regular contact with the employers, the individuals, the parents, family members, 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 other 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 organized and made available in such a way to assist an eligible individual in entering or maintaining integrated, competitive employment; “(B) are based on a determination of the needs of an eligible individual, as specified in an individualized written rehabilitation program; and “(C) are provided by the designated State unit for a period of time not to extend beyond 18 months, unless 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 activities, including post secondary education, vocational training, integrated employment (including supported employment), continuing 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 instruction, community experiences, the development of employment and other post school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.”. "

(o)Technical Amendment.—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 Disabilities.

(1)The title of the Act (29 U.S.C. 701 et seq.) is amended— 106 STAT. 4356

(A)by striking “those with the most severe handicaps” and inserting “individuals with the most severe disabilities”; and

(B)by striking “individuals with handicaps” each place such term appears and inserting “individuals with disabilities”.

(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— EMPLOYMENT 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 (15)(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 amended 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 conditions” 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 striking “handicaps” each place such term appears and inserting “disabilities”;

(ii)in subparagraph (A)(i)—

(I)by striking “the blind” each place such term appears and inserting “individuals who are blind”; and

(II)by 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”; 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 inserting “a disability”;

(E)in paragraph (13)(B) by striking “with handicaps whose handicapping conditions arises from a disability sustained” 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 “disabilities”.

(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 striking “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 “individuals 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 “American 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

(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 “disabilities”.

(14)Section 204 (29 U.S.C. 762) is amended—

(A)in subsection (b)—

(i)in paragraph (4), by striking “individuals suffering 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 handicaps” and inserting “American Indians who are individuals with disabilities”;

(iii)in paragraph (10), by striking “deaf individuals” 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 handicaps” each place such term appears and inserting “children who are individuals with severe disabilities”; and

(B)except as provided in subparagraph (A), by striking “handicaps” each place such term appears and inserting “disabilities”.

(15)Section 300 (29 U.S.C. 770) is amended—

(A)in paragraph

(2)by striking “handicaps” and inserting “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 deaf 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 disabilities”; 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 striking “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)(2)(B), by striking “handicap” and inserting “disability”.

(19)Section 305(a) (29 U.S.C. 775(a)) is amended— 106 STAT. 4359

(A)in paragraph (1), by striking “handicaps” each place such term appears and inserting “disabilities”; and

(B)in paragraph

(2)by striking “the deaf” and inserting “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 (d)(3), by striking “handicaps” and inserting “disabilities”; and

(D)in subsection (e)—

(i)in paragraph (1), by striking “with severe handicaps” 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 (a)(2)—

(i)by striking “available to blind persons” and inserting “available to individuals who are blind”;

(ii)by striking “needs of blind persons” and inserting “needs of such individuals”; and

(iii)by striking “to assist blind persons” and inserting “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 deaf”;

(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. 777f(a)(1) is amended— 106 STAT. 4360

(A)by striking “individuals with handicaps” each place such term appears and inserting “individuals with disabilities”; 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 striking “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 “handicaps” each place such term appears and inserting “disabilities”.

(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 Employees” 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 “handicaps” 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)(1)) is amended by striking “handicaps” and inserting “disabilities”. 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(a)(1) (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(a)(2) (29 U.S.C. 711(a)(2)) 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 (f); 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 disabilities 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 services, and of vocational rehabilitation services providers, by an individual with a disability, consistent with the individualized written 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 comply with State guarantees, such as— “(i) affirmative action procedures with respect to the employment of individuals with disabilities; “(ii) standards governing community rehabilitation programs and qualified personnel utilized for the provision of vocational rehabilitation services; and 106 STAT. 4362 “(iii) minimum standards to ensure the availability of personnel, to the maximum extent feasible, trained to communicate in the native language or mode of communication of the client. “(E) 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 cognitive 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, advocates, 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,” after “types of services provided,”. SEC. 107. EVALUATION. Section 14 (29 U.S.C. 713) is amended—

(A)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 “Secretary”;

(2)in the third sentence of subsection (a)—

(A)by striking “program and” and inserting “program”;

(B)by striking “and the characteristics” and inserting “, the characteristics”; and

(C)by inserting before the period “, and the employment outcomes to be attained”;

(3)in subsection

(b)by striking “shall,” and all that follows through “obtain” and inserting “shall obtain”; and

(A)by redesignating subsection

(f)as subsection (g); and

(B)by inserting after subsection

(e)the following subsection: " “(f)

(1)To assess the linkages between vocational rehabilitation services and economic and noneconomic outcomes, the Secretary 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. Appropriate comparisons shall be used to contrast the experiences of similar persons who do not obtain the services. “(3) The study shall be planned to cover the period beginning on the application of the individuals for the services, through the eligibility determination and provision of services for the individuals, and a further period of not less than 2 years after the termination of services”. " 106 STAT. 4363 SEC. 108. REVIEW OF APPLICATIONS.

(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 Schedule 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 part 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 recipients during such succeeding fiscal year. “(b) Non-Federal Share.— Such funds shall remain available for obligation and expenditure by a recipient as provided in subsection

(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](/us/usc/t29/s718a). “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 assistance 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](/us/usc/t29/s718b). “(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 rapidly changing. While the rate of increase for white Americans 106 STAT. 4364is 3.2 percent, the rate of increase for racial and ethnic minorities 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 every three of whom will be either African-American, Latino, or Asian-American. “(2) Rate of disability.—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 rehabilitated. 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 preservice 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 sufficient manpower to address the clearly changing demography of vocational 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 students for vocational rehabilitation and related service careers. “(3) Plan.— “(A) Development.—The Commissioner shall develop a plan to provide outreach services and other related activities (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 subparagraph

(A)are— “(i) Historically Black Colleges and Universities, Hispanic-serving institutions of higher education, and 106 STAT. 4365other 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) underrepresented 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 1 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 under title IV or V. “(3) Effort.—The Commissioner shall exercise the utmost authority, resourcefulness, and diligence to meet the requirements 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 meeting the goals of this section; and “(ii) a plan to meet the goals, if necessary. “(5) Demonstration.—In awarding grants, contracts, or cooperative agreements under 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 demonstrate 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 inserting “policy”; and

(2)by striking subsection

(a)and inserting the following: " “(a)

(1)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 “(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 appropriate 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 under 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 disabilities; 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 employment. “(3) It is the policy of the United States that such a program shall be carried out in a manner consistent with the following principles: “(A) Individuals with disabilities, including individuals with the most severe disabilities, are generally presumed to be capable of engaging in gainful employment 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 employment in integrated settings. “(C) Individuals with disabilities must be active participants 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 106 STAT. 4367facilitate 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 fiscal 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 partAppropriation authorization. C such sums as may be necessary for fiscal years 1993 through 1997”; "

(2)in subparagraphs

(A)and

(B)of subsection (c)(2), by striking “authorized to be appropriated under subsection (b)(1) for the subsequent fiscal year is the amount authorized to be” each place the term appears and inserting “to be appropriated 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 appropriated 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 101(a)(1)(A) (29 U.S.C. 721(a)(1)(A)) is amended— 106 STAT. 4368

(1)by striking “and” at the end of clause (i); and

(2)by inserting before the semicolon at the end the following: “, 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 established 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 following: " “(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 maintenance 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; 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 designated 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 rehabilitation 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 providing training regarding the amendments to the Rehabilitation Act of 1973 made by the Rehabilitation Act Amendments of 1992; “(B) set forth policies and procedures relating to the establishment 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 recognized 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 profession or discipline, the steps the State is taking to require the retraining or hiring of personnel within the designated 106 STAT. 4370State 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 subparagraphs

(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 Administration) 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 rehabilitation 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 subparagraphs 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 programs, 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)(11) (29 U.S.C. 721(a)(11)) is amended—

(1)by striking “(11) provide for entering into cooperative arrangements” and inserting “(11)(A) provide for interagency cooperation”; 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 Committee 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 providing training to staff of the agencies described in subparagraph

(A)as to the availability and benefits of, and eligibility standards for, vocational rehabilitation 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 subparagraph (A), provide for such cooperation by means including, if appropriate— “(i) establishing interagency working groups; and “(ii) entering into formal interagency cooperative agreements that— “(I) identify policies, practices, and procedures that can be coordinated among the agencies (particularly definitions, standards for eligibility, the joint sharing and use of evaluations and assessments, and procedures for making referrals); “(II) identify available resources and define the financial 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 meaningful cooperation and coordination;”. "

(j)Community Rehabilitation Programs.—Section 101(a)(12) (29 U.S.C. 721(a)(12)) is amended—

(1)in subparagraph (A), by striking “facilities” and inserting “programs”; and

(2)in subparagraph (B), by striking “rehabilitation facilities” and inserting “community rehabilitation 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 continuing”; 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 striking “capacity and condition of rehabilitation facilities, plans for improving such facilities,” and inserting “capacity and effectiveness of community rehabilitation programs, plans for improving such programs,”; and

(ii)by striking “and” after the semicolon at the end; 106 STAT. 4372

(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;”. "

(l)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 employment, or training for competitive employment, in an integrated setting in the labor market; and “(ii) input into the review and reevaluation by 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, if the individual requests, desires, or needs assistance; “(B) maximum efforts, including the identification of vocational 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 participation;”. "

(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 circumstances, the State plan includes provisions for the construction of facilities for community rehabilitation programs”; and

(2)in subparagraph (C), by striking “rehabilitation facilities” 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), by inserting after “comment on the State plan” the following: “before development of the plan by the State”;

(2)by striking “and” before “(B)”; and 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 provision 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 agreement, in accordance with paragraph (11)(C)(ii), 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 of— “(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 under 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 educational agencies in the provision of transition services authorized under section 103(a)(14) to an individual, consistent with the individualized written rehabilitation program of the individual; 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 followup of youth who have received such services;”. "

(r)Use of Supported Employment Funds.— Section 101(a)(25) (29 U.S.C. 721(a)(25)) 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 funds 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 “(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 rehabilitation 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 individuals 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 provided by the Council, including recommendations from the annual report of the Council, the survey of consumer satisfaction, and other reports prepared by the Council, and the response of the designated State agency to such advice and 106 STAT. 4375recommendations (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 requiredReports. under the Act to be submitted to the Commissioner; “(II) all policies, practices, and procedures of general applicability provided to or used by rehabilitation personnel; 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 under 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 impairments 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 l0l(a)(1)(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— 106 STAT. 4376 “(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 seriously limits one or more functional capacities in terms of an employment outcome under section 7(15)(A)(i). “(3) Determinations made by officials of other agencies, particularly the education officials described in section 101(a)(24), regarding 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 making such determinations under this Act. “(4)

(A)It shall be presumed that an individual can benefit in terms of an employment outcome from vocational rehabilitation services under section 7(8)(A)(ii), unless the designated State unit can demonstrate by clear and convincing evidence that such individual 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 severity 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 determination 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 section 7(22)(A)(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 assessment, 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 (b)(2) and (d); and “(C) the availability of services provided by the client assistance program under section 112 to the individual.”. "

(b)Individualized Written Rehabilitation Program.— Section 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-106 STAT. 4377ignated State unit shall complete an assessment for determining eligibility and vocational rehabilitation needs described in subparagraphs

(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 coordinator; 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 provided 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 postemployment 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 “(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 provide 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 “(II) the rights and remedies available to such an individual including, if appropriate, recourse to the processes 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 (b)(2) 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 identifying 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 inserting “Director of the designated State unit shall also ensure”; and

(2)in paragraph (2), by striking “evaluation of rehabilitation potential” and inserting “assessment for determining eligibility and vocational rehabilitation needs described in subparagraphs

(B)and

(C)of section 7(22)”. 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)(l); “(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 DirectorReports. 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 unit 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 misrepresentation, 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 vocational rehabilitation needs by qualified personnel, including, 106 STAT. 4380if appropriate, an assessment by personnel skilled in rehabilitation technology;”; "

(2)in paragraph (2)—

(A)by striking “referral,”;

(B)by inserting “work-related” before “placement services”;

(C)by inserting before “followup,” the following: “job search assistance, placement assistance, job retention services, personal assistance services, and”;

(D)by striking “maintain or regain employment” 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 (4)(A)—

(A)by striking “handicap to employment,” and inserting “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 estimated cost of subsistence, during rehabilitation” and inserting “for additional costs incurred while participating in rehabilitation”;

(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 individuals with disabilities in securing needed services from other agencies through agreements developed under section l0l(a)(11), 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 services described in this section; and “(16) supported employment services.”. "

(b)Additional Vocational Rehabilitation Services.— Section 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 following: “The establishment, development, or improvement of community rehabilitation programs, including, under special circumstances, the construction of a facility, and the 106 STAT. 4381provision 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 or; 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.[29 USC 725](/us/usc/t29/s725).

(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. “(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 blind.— A State that designates a State agency to administer the part of the State plan under which vocational rehabilitation services are provided for individuals who are blind under section l0l(a)(1)(A)(i) may establish a separate Council in accordance with this section to perform the duties of such a Council with respect to such State agency. “(b) Composition and Appointment.— “(1) Composition.— The Council shall be composed of— “(A) at least one representative of the Statewide Independent Living Council established under section 705, which representative may be the chairperson or other designee of the Council; “(B) at least one representative of a parent training and information center established pursuant to section 631(c)(9) of the Individuals with Disabilities Education Act (20 U.S.C. 1431(c)(9)); 106 STAT. 4382 “(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, advocates, 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 predecessor 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 provide for the expiration of terms on a staggered basis. 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 regarding the performance of the responsibilities of the unit under this title, particularly responsibilities relating to— “(A) eligibility (including order of selection); “(B) the extent, scope, and effectiveness of services provided; and “(C) functions performed by State agencies that affect or that potentially affect the ability of individuals with disabilities in achieving 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 vocational rehabilitation services to individuals with disabilities; “(4) prepare and submit an annual report to the GovernorReports. 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, including 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)(2)), 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 purpose 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 “(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 functions under this section. “(4) Personnel conflict of interest.—While assisting the Council in carrying out its duties, staff and other personnel shall not be assigned duties by the designated State unit or any other agency or office of the State, that would create a conflict of interest. “(e) Conflict of Interest.—No member of the Council shall cast a vote on any matter that would provide direct financial benefit to the member or otherwise give the appearance of a conflict of interest under State law. “(f) Meetings.—The Council shall convene at least 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 Council considers appropriate. The meetings, hearings, and forums shall be publicly announced. The meetings shall be open and accessible to the general public unless there is a valid reason for an executive session. “(g) Compensation and Expenses.—The Council may use funds 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 State has established a Council before September 30, 1992, that is com-parable to the Council 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.”. " 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](/us/usc/t29/s726). “(a) Establishment.— “(1) In general.—The Commissioner shall, not later than September 30, 1994, establish and publish evaluation standards and performance indicators for the 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 agencies, related professional and consumer organizations, recipients of vocational rehabilitation services, and other interested parties. The Commissioner shall publish in the Federal RegisterFederal Register, publication. a notice of intent to regulate regarding the development of proposed standards and indicators. Proposed standards and indicators shall be published in the Federal Register for review and comment. Final standards and indicators shall be published in the Federal Register. “(b) Compliance.— “(1) State reports.—In accordance with regulations established by the Secretary, each State shall report to the Commissioner 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 until 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 complying 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 payments 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 “(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: " “SEC. 107. [29 USC 727](/us/usc/t29/s727). MONITORING AND REVIEW. “(a) In General.— “(1) Duties.— In carrying out the duties of the Commissioner 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 with the provisions of such plan and with evaluation standards and performance indicators established under section 106. “(2) Procedures for reviews.— In conducting reviews under this section the Commissioner shall consider, at a minimum— “(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(a)(32); “(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 monitoring 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 individualized written rehabilitation programs and ineligibility determinations; and “(E) meetings with rehabilitation counselors and other personnel. “(4) Areas of inquiry.— In conducting the review and monitoring, the Commissioner shall examine— “(A) the eligibility process; 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 Commissioner,Regulations. 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 Commissioner 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 payments to projects under those parts of the State plan in which there is no such failure). “(3) Disbursal of withheld funds.—The CommissionerRegulations. may, in accordance with regulations the Secretary shall prescribe, disburse any funds withheld from a State under para- graph

(1)to any public or nonprofit private organization or agency within such State or to any political subdivision of such State submitting a plan meeting the requirements of section 101(a). The Commissioner may not make any payment under this paragraph unless the entity to which such payment is made has provided assurances to the Commissioner that such entity will contribute, for purposes of carrying out such plan, the same amount as the State would have been obligated to contribute if the State received such payment. 106 STAT. 4388 “(d) Review.— “(1) Petition.—Any State that is dissatisfied with a final determination of the Commissioner under 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 Records.the Commissioner or to any officer 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 petitioner 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 presentations. 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 additional submissions and presentations, and shall file such modified 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 chapter 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 determination 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”. 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](/us/usc/t29/s728). “(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 payments 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 WITH DISABILITIES ACT OF 1990.[29 USC 728a](/us/usc/t29/s728a). “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 Disabilities 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 " “(4) If the Commissioner determines, under paragraph (1), that any payment 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 subparagraph (A), by striking “(and any additional 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 expenditures 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) Regulations. 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 106 STAT. 4391prescribed 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 assistance”; 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 advocacy”;

(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 employment 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 specification 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)(l) (29 U.S.C. 732(e)(1)) is amended—

(1)in subparagraph (B), by striking “and the Trust Territory 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 Territory 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

(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. “(6) Privacy. For purposes of such report or for any other periodic audit, report, or evaluation of the performance of a client assistance program under this section, the Secretary shall not require such a program to disclose the identity of, or any other person-ally identifiable information related to, any individual requesting assistance under 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 “SEC. 120. [29 USC 740](/us/usc/t29/s740). STATE ELIGIBILITY. “Effective October 1, 1993, any State desiring to receive assistance under this part and part B of this title shall prepare and submit to the Commissioner a statewide strategic plan for developing 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. “SEC. 121. [29 USC 741](/us/usc/t29/s741). 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 part C 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 improving the system for providing the vocational rehabilitation program; “(3) specific multifaceted and systemic approaches for accomplishing the objectives, including interagency coordination 106 STAT. 4393and 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 under part C of title VI; “(4) a description of the specific programs, projects, and activities funded under this part and now 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](/us/usc/t29/s742). “(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 Advisory Council and the Statewide Independent Living Council established under section 705. “(c) Consideration of Recommendations.— The State shall consider the recommendations and, if the State rejects the recommendations, 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 organizations, rehabilitation professionals, and other interested persons. “SEC. 123. USE OF FUNDS.[29 USC 743](/us/usc/t29/s743). “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 to promote the objectives of title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.); “(2) programs or activities to improve the provision of, and expand, employment 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. 4394this Act and title I of the Americans with Disabilities 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 independent 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 independent 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 education, 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 systems; and “(C) improve the ability of professionals, clients, advocates, business, industry, and labor to work in cooperative partnerships to improve the quality of vocational rehabilitation services and job and career opportunities for individuals 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 assistance to clients, business, industry, labor, community rehabilitation programs, and others regarding the implementation of the amendments made by the Rehabilitation Act Amendments 106 STAT. 4395of 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 under section 705. “SEC. 124. ALLOTMENTS AMONG STATES.[29 USC 744](/us/usc/t29/s744). “(a) In General.— “(1) States.— “(A) Population basis.—Except as provided in subparagraph (B), from sums appropriated for each fiscal year to carry out this part (not including sums used in accordance with section 101(a)(34)(B)), 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) Minimums.—Subject to the availability of appropriations to carry out this part, the allotment to any State under subparagraph

(A)shall 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, whichever 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

(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 USC 752](/us/usc/t29/s752).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. SEC. 136. [29 USC 712 note](/us/usc/t29/s712). 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 Commissioner 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 earnings 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; 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 employment 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 types 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 Commissioner shall recommend improvements in the data collection and reporting system.

(d)Views.—In developing the recommendations, the Commissioner shall seek views of persons and entities providing or using such data, including State agencies, State Rehabilitation Advisory Councils, providers of vocational rehabilitation services, professionals in the field of vocational rehabilitation, clients and organizations representing clients, the National Council 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 Commissioner shall publish the recommendations in the Federal Register and shall prepare and submit a report containing the recommendations 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](/us/usc/t29/s712). 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 Administration, 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 notPrivacy. be considered tax information and, as appropriate, the confidentiality of all client information shall be maintained by both agencies. SEC. 138. EFFECTIVE DATE.[29 USC 701 note](/us/usc/t29/s701).

(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. 4398the 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 integration 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 improving 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 demonstration 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 opportunities of individuals with disabilities to engage in productive work; and “(6) increase opportunities for researchers who are members of traditionally underserved populations, including researchers who are members of minority groups and researchers 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 section 204” and inserting “which shall include the expenses of the Rehabilitation Research Advisory Council under section 205, and shall not include the expenses of such Institute to carry out section 204”; and 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 striking 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 DISABILITY 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 programs 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 Director shall be directly responsible to the Secretary or to the same Under Secretary or Assistant Secretary of the Department of Education 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 recommendations, 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, family members, guardians, advocates, or authorized representatives 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 “(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, advocates, 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 rehabilitation 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 Administration,” 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 disabilities, the parents, family members, guardians, advocates, or authorized representatives of such individuals, and others 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 vocational 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).”. "

(c)Director.—

(1)In general.— Section 202(c)(1) (29 U.S.C. 761a(c)(1)) 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 106 STAT. 44011992 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(c)(2)) is amended—

(A)by inserting after the first sentence the following: “The Deputy Director shall be an individual with substantial experience in rehabilitation and in research administration.”;

(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, advocates, 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, family 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 funds 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 appropriated 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. 4402into 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 disabilities 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 members 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 Education, 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. 761a(j)) 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). 106 STAT. 4403 SEC. 204. INTERAGENCY COMMITTEE.

(a)Establishment.— Section 203(a)(1) (29 U.S.C. 761b(a)(l)) is amended by inserting “the Commissioner of the Rehabilitation Services Administration, the Assistant Secretary for Special Education 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 inserting “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.— Section 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 maximize the full inclusion and integration into society, employment, 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 unserved 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

(16)as paragraphs

(5)through (16), respectively;

(2)by striking the matter preceding paragraph

(1)and all that follows through paragraph

(3)and inserting the following: " “(b)

(1)In addition to carrying 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 Rehabilitation Research and Training Centers, for 106 STAT. 4404the 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 appropriate services; and “(ii) serve as centers of national excellence and national or regional resources for providers and individuals with disabilities and the parents, family members, guardians, advocates, or authorized representatives of the individuals. “(B) The Centers shall conduct research and training activities by— “(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, preservice, and in-service training) to assist individuals to more effectively provide rehabilitation services; “(iii) providing training (including graduate, preservice, 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, workshops, 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 interventions, 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 personnel 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. 106 STAT. 4405 “(G) Grants made under this paragraph may be used to provide faculty support for teaching— “(i) rehabilitation 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 practical 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 activities 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 carrying out the grant and input from individuals with disabilities and the parents, family members, guardians, advocates, or authorized 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, operated by or in collaboration with institutions of higher education or nonprofit organizations, to conduct research or demonstration activities, and training activities, regarding rehabilitation technology, 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 “(i) developing and disseminating innovative methods of applying advanced technology, scientific achievement, and psychological and social knowledge to— “(I) solve rehabilitation problems and remove environmental barriers through planning and conducting research, including cooperative research with public or private agencies 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 services 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 rehabilitation technology; and “(II) other scientific research to assist in meeting the employment and independent living needs of, and addressing 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 available under this paragraph shall— “(i) cooperate with programs established under the Technology-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. 106 STAT. 4407 “(D)

(i)In establishing Centers to conduct the research or demonstration activities described in subparagraph (B)(iii), the Director may establish one Center in each of the following areas of focus: “(I) Early childhood services, including early intervention and family support. “(II) Education at the elementary and secondary levels, including transition from school to postschool activities. “(III) Employment, including supported employment, 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 institutional to community 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 (B)(iii) shall have an advisory committee, of which the majority of members are individuals with disabilities who are users of rehabilitation technology, and the parents, family members, guardians, advocates, or authorized representatives 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 information as the Director may require. “(G) Each Center established or supported through a grant made available under 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 anReports. 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. “(4)

(A)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 injuries, 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 representatives of such individuals, and organizations receiving financial assistance under this paragraph; 106 STAT. 4408 “(ii) provide encouragement and support for initiatives and new approaches by individual and institutional investigators; and “(iii) establish and maintain close working relationships with other governmental and voluntary 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 demonstration 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 multidisciplinary 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 followup and services; “(ii) demonstrate and evaluate the benefits to individuals with spinal cord injuries served in, and the degree of cost effectiveness 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 outreach for individuals with spinal cord injuries and community education in connection with the problems of such individuals in areas such as housing, transportation, recreation, employment, and community activities. “(C) In awarding grants under this paragraph, the Director shall take into account the location of any proposed Spinal Cord Injury Center and the appropriate geographic and regional allocation 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 individuals, 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 striking “developing the employment potential” and inserting “addressing the employment needs”; and

(B)in subparagraph (B), by striking “potential” and inserting “needs”. 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 USC 765](/us/usc/t29/s765). 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 Council 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 generally representative of the community of rehabilitation professionals, the community of rehabilitation researchers, the community of individuals with disabilities, and the parents, family members, guardians, advocates, or authorized representatives of the individuals. 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 initially appointed shall be (as specified by the Secretary) for such fewer number of years as will provide for the expiration of terms on a staggered basis. “(2) Number of terms.— No member of the Council may serve more than two consecutive full terms. Members may serve after the expiration of their terms until their successors have taken office. “(e) Vacancies.—Any vacancy occurring in the membership of the Council shall be filled in the same manner as the original 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 Government shall receive a payment 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 Council 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. “(2) Travel expenses.—Each member of the Council 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 intermittently in the Government 106 STAT. 4410service, 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 of 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 Council 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 provide 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, advocates, and authorized representatives of the individuals, and other appropriate parties to develop the skills necessary 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 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 headings 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 USC 771a](/us/usc/t29/s771a). 302, respectively; and

(4)by inserting section 302 (as so redesignated by paragraph

(3)of this subsection) after section 301.[29 USC 771a](/us/usc/t29/s771a).

(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 771a](/us/usc/t29/s771a). 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 inserting “specifically”;;

(C)in paragraph (2), by inserting before the comma at the end the following: “, including needs for rehabilitation 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

(F)by inserting after paragraph

(3)the following: “(4) personnel specifically trained to deliver services, through supported employment programs, to individuals with the most severe disabilities, and”;

(2)[29 USC 771a](/us/usc/t29/s771a). Certain requirements; application for assistance.— 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 amendments 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 applicability of section 504 of this Act, title I of the Americans with Disabilities Act of 1990, and the provisions of titles II and XVI of the Social Security Act that are related to work incentives for individuals with disabilities. “(4) Colleges and universities. Minorities. The Commissioner, in carrying out this subsection, shall make grants to Historically Black Colleges and Universities and other institutions of higher education whose minority student enrollment 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 Commissioner 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.”. "

(b)[29 USC 771a](/us/usc/t29/s771a). 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 funds 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, rehabilitation medicine, rehabilitation nursing, rehabilitation social work, rehabilitation psychiatry, rehabilitation psychology, rehabilitation dentistry, physical therapy, occupational therapy, speech pathology and audiology, physical education, therapeutic recreation, 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-106 STAT. 4413uals who are members of populations that are unserved or underserved by programs under this Act; “(II) job development and job placement services to individuals with disabilities; “(III) supported employment services, including services 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 arrangement 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 equivalent 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 Competency-Based Training.— Section 302 (29 U.S.C. 774) is[29 USC 771a](/us/usc/t29/s771a). amended—

(1)by redesignating subsections

(d)through

(f)as subsections

(f)through (h), respectively; and

(2)by inserting after subsection

(c)the following subsections: " “(d) 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 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 be liaisons between the community and vocational rehabilitation counselors. The rehabilitation technician program 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. 4414individuals with disabilities. Such opportunities shall include certificate or degree granting programs in vocational rehabilitation services and related services. “(2) An entity that receives a grant under paragraph

(1)may use the grant for purposes 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 volunteers, 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 advancement 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 facilitate the ability of employees to take advantage of higher education opportunities, such as leave time and tuition reimbursement. “(3) Urban and rural areas. In making 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) Contracts. The Commissioner shall, for the purpose of providing technical assistance to States or entities receiving grants under 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 established 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.— [29 USC 771a](/us/usc/t29/s771a).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”; 106 STAT. 4415

(ii)by striking “Office of Information and Resources for Individuals With Disabilities” and inserting “Office of Deafness and Communicative Disorders”; and

(iii)by striking “grants under this section” and inserting “grants”; and

(B)by striking the second sentence; and

(2)in paragraph (2)—

(A)in the matter preceding subparagraph (A), by striking “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 subparagraph (D).

(e)Compensation of Experts and Consultants.— Section 302(g) (29 U.S.C. 774(g)) (as so redesignated by subsection (c))[29 USC 771a](/us/usc/t29/s771a). 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 Schedule 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”; and

(3)by adding at the end the following: " “(3)

(A)Subject to subparagraph (B), at least 15 percent of the sums 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 Rehabilitation Act Amendments of 1992. “(B) If the allocation to designated State agencies required by subparagraph

(A)would result in a lower level of funding for projects being carried out on the date of enactment of the Rehabilitation Act Amendments of 1992 by other recipients of funds under this section, the Commissioner may allocate less than 15 percent of the sums described in subparagraph

(A)to designated State agencies for such in-service training.”. "

(f)Relationship to Training Activities.—Section 302 (29 U.S.C. 774) (as amended by subsection (c)) is amended by adding[29 USC 771a](/us/usc/t29/s771a). at the end the following: " “(i)

(1)Consistent with paragraph (2), and consistent with the general authority set forth in this section to fund training activities, nothing in this Act shall be construed to prohibit the Commissioner from exercising authority under this title, or making available 106 STAT. 4416funds 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 VIII.”. " SEC. 303. COMMUNITY REHABILITATION PROGRAMS FOR INDIVIDUALS WITH DISABILITIES.

(a)Authorization of Appropriations.— Section 303(a) (29 U.S.C. 772(a)) (as so redesignated by section 301(b)(3)) 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 services 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 services 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 sentence: “Pursuant to regulations, payment of weekly allowances may be made to individuals receiving vocational 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)— 106 STAT. 4417

(A)in subparagraph (A), by striking “gainful and suit-able employment” and 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 striking “training” each place the term appears and inserting “vocational rehabilitation”; and

(iii)by striking “rehabilitation facility” and inserting “community rehabilitation program”;

(C)in subparagraph (C), by striking “training” and inserting “vocational rehabilitation”; and

(D)in subparagraph (D), by striking “rehabilitation facility and the training” and inserting “community rehabilitation program and 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 community rehabilitation programs, the cost of the services to be provided by such programs, and initial staffing costs of such programs.”; and "

(3)in subsection (d)(1) (as so redesignated by paragraph (1))—

(A)by striking “rehabilitation facilities” and inserting “community 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 strikinhg “rehabilitation facilities” and inserting “facilities” and inserting “community 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 (d)(1), by striking “facility” and inserting “center”; and

(2)in subsection (g), by striking “1987,” and all that follows and inserting “1993 through 1997.”. SEC. 306. GENERAL GRANT AND CONTRACT REQUIREMENTS. Section 306 (29 U.S.C. 776) is amended— 106 STAT. 4418

(1)in subsection (a), by striking “section 302” and inserting “section 303”;

(2)in subsection (b)(4), 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 rehabilitation 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 inserting “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 inserting “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 striking “rehabilitation facilities” and inserting “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 employment services”;

(B)in subparagraph (B)—

(i)by striking “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: 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 (3)(A), 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 (3)(A) (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 Demonstration 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: " “(e)

(1)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 employment, job placement, followup, and community outreach needs of individuals who are either low-functioning and deaf or low-functioning and hard-of-hearing. Such projects shall provide educational and vocational rehabilitation services that are not otherwise available in the region involved and shall maximize the potential of such individuals, including individuals who are deaf and have additional severe disabilities. “(2) The Commissioner shall monitor the activities of the recipients of grants under 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 annualReports. 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 agencies serving individuals who are deaf, to expand or improve services for such individuals.”. "

(f)Relationship to Special Demonstration Programs.— Section 311 (29 U.S.C. 777a), as amended by subsection (e), is amended by adding at the end the following new subsection: " “(f)

(1)Consistent with paragraph (2), and consistent with the general authority set forth in this section to fund special demonstration 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 “(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 VIII.”. " SEC. 309. MIGRATORY WORKERS.

(a)Collaboration.—The first sentence of section 312 (29 U.S.C. 777b) is amended—

(1)by inserting “(a) after “312.”; and

(2)by inserting “to nonprofit agencies working in collaboration 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 sums as may be necessary to carry out this section.”. " SEC. 310. SPECIAL RECREATIONAL PROGRAMS.

(a)Grants.— Section 316(a) (29 U.S.C. 777f(a)) is amended—

(1)in paragraph (1)—

(A)in the first sentence—

(i)by striking “part or all” and inserting “the Federal 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 Commissioner 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 description of— “(A) the manner in which the findings and results of the project will be made generally available; and “(B) the means by which the service program will be continued after Federal assistance ends. “(5) Recreation programs funded under this section shall maintain, 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 Rehabilitation Act Amendments of 1992, develop means to objectively evaluate, and encourage the replication of, activities assisted by this section. “(7) Reports. The Commissioner shall require each recipient of a grant under this section to annually prepare and submit a report on 106 STAT. 4421the 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 forReports. the dissemination of a report describing the findings and results of programs funded by this section. “(9) The Federal share of the costs of the recreation programs 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. 777f(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. ESTABLISHMENT 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)” after “(1)”;

(B)by inserting after the first sentence the following: " “(B) The President shall select members of the National Council after soliciting recommendations from representatives of— “(i) organizations representing a broad range of individuals with disabilities; and “(ii) organizations interested in individuals with disabilities. “(C) The members of the National 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 striking “At least five members” and inserting “A majority of the members”; and

(D)by adding at the end the following sentence: “The members of the National Council shall be broadly representative 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 opportunity for all individuals with disabilities, regardless of the nature or severity of the disability; and “(B) empower individuals with disabilities to achieve economic 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 Council 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 Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978 shall be (as specified by the President) for such fewer number of years as will provide for the expiration of terms on a staggered basis.”; and " 106 STAT. 4422

(2)by striking paragraph

(2)and inserting the following: " “(2)

(A)No member of the Council 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 office. “(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 in.”. " 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 following: " “(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 methods 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 individuals with disabilities;”; "

(4)in paragraph

(5)(as so redesignated by paragraph

(2)of this subsection)—

(A)in subparagraph (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 striking “activities, and statutes” and inserting “practices, procedures, statutes, and regulations”;

(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 of the policies set forth in subparagraphs

(A)and

(B)of section 400(a)(2);”;

(6)by inserting after paragraph

(6)(as redesignated by paragraph

(2)of this subsection) the following paragraph: " “(7) gather information about the implementation, effectiveness, and impact of the Americans with Disabilities Act of 1990 (42 U.S.C. 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 Disability and Rehabilitation Research, and other officials of Federal agencies, respecting ways to better promote the policies set forth in section 400(a)(2);”; "

(8)in paragraph

(9)(as so redesignated by paragraph

(2)of this subsection), to read as follows: " “(9) Reports. not later than March 31 of each year, prepare and submit to the Congress and the President a report containing 106 STAT. 4423a 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 striking the period and inserting “; and”; and

(10)by adding at the end the following: " “(11) review and evaluate on a continuing basis new and emerging disability policy 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: " “(b)

(1)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 400(a)(2), 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. The 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 of 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 under 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(b)(1) (29 U.S.C. 783(b)(1)) is amended by striking “annual rate of basic pay payable for grade GS-18 of the General Schedule under section 5332” and inserting “rate of pay for level 4 of the Senior Executive Service Schedule under section 5382”. SEC. 405. 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 Council 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 TITLE V—RIGHTS AND ADVOCACY SEC. 501. RIGHTS AND ADVOCACY.

(a)Title.—Title V (29 U.S.C. 790 et seq.) 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 EXISTING LAW.

(a)Repeal.— Title V (29 U.S.C. 790 et seq.) is amended by [29 USC 790](/us/usc/t29/s790).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 INDIVIDUALS WITH DISABILITIES.

(a)Establishment.— Section 501(a) (29 U.S.C. 791(a)) is amended—

(1)in the first sentence, by striking “the Secretary of Veterans 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 Office of Personnel Management and the Chairman of the Commission shall 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 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. 504. REFERENCES TO THE ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD.

(a)Access Board.— Section 502 (29 U.S.C. 792) is amended—

(1)in the matter preceding subparagraph

(A)of subsection (a)(1), by striking “the ‘Board’” and inserting “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 paragraph (1)—

(A)in subparagraph (A)— 106 STAT. 4425

(i)by striking “Twelve” and inserting “Thirteen”; and

(ii)by striking “six” and inserting “at least a majority”; and

(B)in subparagraph (B), by inserting after clause

(xi)the following: " “(xii) Department of Commerce.”; "

(2)in paragraph (2)(A)—

(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)in the second sentence, by striking “four” and inserting “at least three”; and

(C)by adding at the end the following: " “(ii)

(I)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. “(III) 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 (5)(A), by striking “the daily rate prescribed 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 funds are so designed and constructed as to be accessible to the physically handicapped‘, approved August 12, 1968 (commonly known as the Architectural Barriers Act of 1968; 42 U.S.C. 4151 et seq.) (including the application of such Act to the United States Postal Service), including enforcing all standards under 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 appropriate 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 communication 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 and III of the Americans with Disabilities Act of 1990; “(4) promote accessibility throughout all segments of society; “(5) investigate and examine alternative approaches to the architectural, transportation, communication, and attitudinal barriers confronting individuals with disabilities, particularly 106 STAT. 4426with respect to telecommunications devices, public buildings and monuments, parks and parklands, public transportation (including air, water, and surface transportation, whether interstate, foreign, intrastate, or local), and residential and institutional housing; “(6) determine what measures are being taken by Federal, State, and local governments and by other public or nonprofit agencies to eliminate the barriers described in paragraph (5); “(7) promote the use of the International Accessibility Symbol 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 Architectural Barriers Act of 1968; “(8) Reports. 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 recommendations for legislative and administrative changes as the Access Board determines to be necessary or desirable to eliminate the barriers described in paragraph (5); and “(10) Handicapped. 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)by 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: " “(f)

(A)In carrying out the technical assistance responsibilities 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 assistance may be transferred to the Access Board. Any funds appropriated to the Access Board for the purpose of providing such technical assistance may be transferred 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 establish a procedure to ensure separation of its compliance and technical assistance responsibilities under this section. “(2) The departments”; 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 “Secretary” and inserting “Chair-person”; and

(C)by striking “the daily pay rate for a person employed as a GS-18 under section 5332” and inserting 106 STAT. 4427“the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382”.

(f)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: " “(2)

(A)The Access Board may accept, hold, administer, and utilize gifts, devises, and bequests of property, both real and personal, for the purpose of aiding and facilitating the functions of the Access Board under 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 m 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 forthRegulations. the criteria the Board will use in determining whether the acceptance 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 official 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. 505. 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 inserting “$10,000”; and

(2)in the first sentence, by striking “, in employing persons to carry out such contract,”. 106 STAT. 4428

(b)Waiver.—Section 503(c) (29 U.S.C. 793(c)) is amended—

(1)by inserting “(1)” after “(c)”; and

(2)by adding at the end the following: " “(2)

(A)The Secretary of Labor may waive the requirements of the affirmative 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 subcontract, if the Secretary 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 granting 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 nonaffirmative action employment discrimination 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. “(e) The Secretary shall develop procedures to ensure that administrative complaints filed under this section and under the Americans with Disabilities Act of 1990 are dealt with in a manner that avoids duplication of effort and prevents imposition of inconsistent or conflicting standards for the same requirements under this section and the Americans with Disabilities Act of 1990.”. " SEC. 506. NONDISCRIMINATION UNDER FEDERAL GRANTS AND PROGRAMS.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 discrimination 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 “Board” each place the term appears.

(b)Community Rehabilitation Programs.—Section 506(a)(l) (29 U.S.C. 794b(a)(1) is amended by striking “rehabilitation facilities” and inserting “community rehabilitation 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”. 106 STAT. 4429

(d)Conforming Amendment.—Section 506(c) (29 U.S.C. 794b(c)) is amended by striking “502(h)(2)” and inserting “502(h)(1)”. SEC. 508. INTERAGENCY DISABILITY COORDINATING COUNCIL.

(a)In General.—Section 507 (29 U.S.C. 794c) is amended to read as follows: " “SEC. 507. INTERAGENCY DISABILITY 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 Human Services, the Secretary of Labor, the Secretary of Housing and Urban Development, the Secretary 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 Employment 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 implementing agreements, policies, and practices designed to maximize effort, promote efficiency, and eliminate conflict, competition, duplication, and inconsistencies among the operations, functions, and jurisdictions of the various departments, agencies, and branches of the Federal Government responsible for the implementation and enforcement of the provisions of this title, and the regulations prescribed thereunder; “(2) be responsible for developing and implementing agreements, 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) carry out such studies and other activities, subject to the availability 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 comments 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 any 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 SEC. 509. ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY GUIDELINES.

(a)Guidelines.—Section 508 (29 U.S.C. 794d) is amended to read as follows: " “SEC. 508. ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY GUIDELINES. “(a) Guidelines.— The Secretary, through the Director of the National Institute on Disability and Rehabilitation Research, and the Administrator of the General Services Administration, in consultation with the electronics and information technology industry and the Interagency Council on Accessible Technology, shall develop and establish guidelines for Federal agencies for electronic and information technology accessibility designed to ensure, regardless of the type 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 guidelines 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: " “SEC. 509. [29 USC 794e](/us/usc/t29/s794e). 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 rights of individuals with disabilities who— “(1) are ineligible for client assistance programs under section 112; and “(2) are ineligible 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 Ill 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 amount 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 under this section for individuals with disabilities who meet the requirements of paragraphs

(1)and

(2)of subsection (a). “(2) Other jurisdictions.—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. “(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 106 STAT. 4431exceeds $5,500,000, the Commissioner shall set aside not less than 1.8 percent and not more than 2.2 percent of the amount to provide training and technical assistance to the systems established under this section. “(2) Allotments.—For any such fiscal year, after the reservation required by paragraph

(1)has been made, the Commissioner 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 under 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 of the State bears to the population of all States. “(B) Minimums.— Subject to the availability of appropriations to carry out this section, and except as provided in 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 any 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 amounts. “(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 jurisdiction 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 under this section only until the Compact of Free Association with Palau takes effect. “(5) Adjustment for inflation.— “(A) States.— For purposes of determining the minimum amount of an allotment under paragraph (3)(B), 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 Consumers (U.S. city average) during the period ending on April 1 of the fiscal year preceding the fiscal year for which the allotment is to be made. “(B) Certain territories.— For purposes of determining the minimum amount of an allotment under paragraph (4)(B), the amount $50,000 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 106 STAT. 4432All Urban Consumers (U.S. city average) during the period ending on April 1 of the fiscal year preceding the fiscal year for which the allotment is to be made. “(d) Proportional Reduction.— Amounts necessary to provide allotments to systems within States in accordance with subsection (c)(3)(B) as increased under subsection (c)(5), or to provide allotments in accordance with subsection (c)(4)(B) as increased in accordance with subsection (c)(5), 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 necessary 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 sums made available for purposes of this section for the fiscal year for which the allotment is made, as increased in accordance with subsection (c)(5). “(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 (c)(1) will not be expended by such system in carrying out the provisions of this section, the Commissioner shall make 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 containing 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 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 III 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 disabilities 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 established by, and activities of, the system including— 106 STAT. 4433 “(A) the objectives and priorities for the activities of the system for each year and the rationale for the establishment 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 Ill Individuals Act of 1986 (42 U.S.C. 10801 et seq.); “(6) establish a grievance procedure for clients or prospective clients of the system to ensure that individuals with disabilities are afforded equal opportunity to access the services of the system; 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 otherwise be made available for the purpose for which Federal funds are provided. “(g) Carryover and Direct Payment.— “(1) Direct payment.— Notwithstanding any other provision of law, the Commissioner shall pay directly to any system that complies with the provisions of 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 amount 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 assistance under such program. “(i) Eligibility 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 Rights Act (42 U.S.C. 6041 et seq.) and that meets 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 Administration on Developmental Disabilities within the Department of Health and Human Services. “(l) 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 by programs funded under this section, the total number of individuals served under this section, the types of disabilities represented by such individuals, and the types of issues being addressed on behalf of such individuals. 106 STAT. 4434 “(m) 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, 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 OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES Subtitle A—Community Service Employment 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(8)(A)”.

(b)Personal Assistance Services.—Section 611(b)(1)(K) (29 U.S.C. 795(b)(l)(K)) 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 and career opportunities 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 opportunities 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. 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, which projects shall— “(A) provide for the establishment of business advisory councils, which shall— “(i) be comprised of— “(I) representatives of private industry, business concerns, and organized labor; and “(II) 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 employment and career advancement for which the individuals have 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 with a disability under section 7(8)(A) or an individual with a severe disability under section 7(15)(A). In making such a determination, the unit shall rely on the determination made by the recipient of the grant 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 recipient of the grant may consider the individual to be eligible. “(4) The Commissioner shall enter into an agreement withContracts. Grants. the grant recipient regarding the establishment of the project. Any agreement shall be jointly developed by the Commissioner, the grant recipient, and, to the extent practicable, the appropriate designated State unit and the individuals with disabilities (or their 106 STAT. 4436representatives) involved. Such agreements shall specify the terms of training and employment under the project, provide for the payment by the Commissioner of part of the costs of the project (in accordance with subsection (c)), and contain the items required under subsection

(b)and such other provisions as the parties to the agreement consider to be appropriate. “(5) Any agreement shall include a description of a plan to annually conduct a review and evaluation of the operation of the project in accordance with standards developed by the Commissioner 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 disabilities changed following services; “(F) the extent of capacity building activities, including collaboration with business and industry and other organizations, 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 terminated from project placements and the duration of such placements. “(6) The Commissioner may include, as part of agreements with grant recipients, authority for such grant recipients to provide technical assistance to— “(A) assist employers in hiring individuals with disabilities; or “(B) improve or develop relationships between— “(i) grant recipients or prospective grant recipients; and “(ii) employers or organized labor, or “(C) assist employers in understanding and meeting the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) as the Act relates to employment of individuals with disabilities.”. "

(b)Agreement.— Section 621(b) (29 U.S.C. 795g(b)) is amended to read as follows: " “(b) No payment shall be made by the Commissioner under any agreement with a grant recipient entered into under subsection

(a)unless such agreement— “(1) provides an assurance that individuals with disabilities placed under such agreement shall receive at least the applicable minimum wage; “(2) provides an assurance that any individual with a disability placed under this part shall be afforded terms and benefits of employment equal to terms and benefits that are afforded to the similarly situated co-workers of the individual, and that such individuals with disabilities shall not be segregated from their co-workers; and “(3) provides an assurance that an annual evaluation report containing information specified under subsection (a)(5) shall 106 STAT. 4437be 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 evaluation described in subsection (a)(5) and shall review and revise the evaluation standards 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, professional organizations representing business and industry, organizations 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: " “(e)

(A)A grant may be awarded under this section for a period of up to 5 years and such grant may be renewed. “(B) Grants under this section shall be awarded on a competitive basis. To be eligible to receive such a grant, a prospective grant recipient shall submit an application to the Commissioner at such time, in such manner, and containing such information as the Commissioner may require. “(2) The Commissioner shall to the extent practicable ensure an equitable distribution of payments made under this section among the States. To the extent funds are available, the Commissioner shall awardGrants. grants under this section to new projects that will serve individuals with disabilities in States, portions of States, Indian tribes, or tribal organizations, that are currently unserved or underserved by projects. “(f)

(1)The Commissioner shall, as necessary, develop and publishFederal Register, publication. in the Federal Register in final form indicators of what constitutes minimum compliance consistent with the evaluation standards under subsection (d)(1). “(2) Each grant recipient shall report to the CommissionerReports. at the end of each project year the extent to which the grant recipient is in compliance with the evaluation standards. “(3)

(A)The Commissioner shall annually conduct on-site compliance reviews of at least 15 percent of grant recipients. The Commissioner shall select grant recipients for review on a random basis. “(B) The Commissioner shall use the indicators in determining compliance with the evaluation standards. “(C) The Commissioner shall ensure that at least one member of a team conducting such a review shall be an individual who— “(i) is not an employee of the Federal Government; and “(ii) has experience or expertise in conducting projects. “(D) The Commissioner shall ensure that— “(i) a representative of the appropriate designated State unit shall participate in the review; and “(ii) no person shall participate in the review of a grant recipient if— 106 STAT. 4438 “(I) the grant recipient provides any direct financial benefit to the reviewer, or “(II) participation in the review would give the appearance of a conflict of interest. “(4) In making a determination concerning any subsequent grant under this section, the Commissioner shall consider the past performance of the applicant, if applicable. The Commissioner shall use compliance indicators developed under this subsection that are consistent with program evaluation standards developed under subsection

(d)to assess minimum project performance for purposes of making continuation awards in the third, fourth, and fifth years. “(5) Each fiscal year the Commissioner shall include in the annual report to Congress required by section 13 an analysis of the extent to which grant recipients have complied with the evaluation standards. The Commissioner may identify individual grant Reports.recipients in the analysis. In addition, the Commissioner shall report the results of on-site compliance reviews, identifying individual 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 vocational rehabilitation agencies; and “(2) entities planning the development of new projects. “(h) As used in this section: “(1) The term ‘agreement’ means an agreement described in subsection (a)(4). “(2) The term ‘project’ means a Project With Industry established under subsection (a)(2). “(3) The term ‘grant recipient’ means a recipient of a grant under subsection (a)(2).”. "

(e)Technical Amendment.— Section 621 (29 U.S.C. 795g) is amended by striking subsection (i). SEC. 612. BUSINESS OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES.

(a)In General.— Title VI (29 U.S.C. 795 et seq.) is amended—

(1)in the heading for part B, by striking “Opportunities for Individuals with Handicaps”;

(2)[29 USC 795h, 795r](/us/usc/t29/s795h/795r). by redesignating section 622 as section 641;

(3)by inserting section 641 (as so redesignated) after section 638; and

(4)by inserting before such section 641 the following: " “Part D—Business Opportunities for Individuals With Disabilities”. "

(b)Authorization of Appropriations.— Section 641 (as so [29 USC 795r](/us/usc/t29/s795r).redesignated by subsection (a)(2) of this section) is amended—

(1)by inserting “(a)” before “The Commissioner”; and

(2)by adding at the end the following: " “(b) Appropriation authorization. There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the 1993 through 1997 fiscal years.”. " 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: " “Part D— Business Opportunities for Individuals With Disabilities “Sec. 641. Business opportunities for individuals with disabilities.”. " SEC. 613. AUTHORIZATION OF APPROPRIATIONS.

(a)Authorization.— Title VI (29 U.S.C. 795 et seq.) is amended—

(1)by redesignating section 623 as section 622; and[29 USC 795i](/us/usc/t29/s795i).

(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 “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 inserting after the item relating to section 621 the following: " “Sec. 622. Authorization of appropriations.” " Subtitle C—Supported Employment Services for Individuals With Severe Disabilities 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: " “Part C—Supported Employment Services for Individuals With Severe Disabilities “SEC. 631. PURPOSE.[29 USC 795j](/us/usc/t29/s795j). “It is the purpose of this part to authorize allotments, in addition to grants for vocational rehabilitation services under title I, to assist States in developing collaborative programs with appropriate entities to provide supported employment services for individuals with the most severe disabilities who require supported employment services to enter or retain competitive employment. “SEC. 632. ALLOTMENTS.[29 USC 795k](/us/usc/t29/s795k). “(a) In General.— “(1) States.— The Secretary shall allot the sums appropriated for each fiscal year to carry out this part among the States on the basis of relative population of each State, except that— “(A) no State shall receive less than $250,000, or one- third of one percent of the sums appropriated for the fiscal year for which the allotment is made, whichever is greater; and 106 STAT. 4440 “(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 Northern Mariana Islands shall not be considered to be States. “(B) Allotment.— Each jurisdiction described in subparagraph

(A)shall be allotted not less than one-eighth of one percent of the amounts appropriated for the fiscal year for which the allotment is made, except that the Republic of Palau may receive such allotment under this section only until 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 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 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 determined under the preceding provisions of this section) for such year. “SEC. 633. AVAILABILITY OF SERVICES. [29 USC 795*l*](/us/usc/t29/s795l). “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 “SEC. 634. [29 USC 795m](/us/usc/t29/s795m). ELIGIBILITY.“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(b)(1)(A), including an evaluation of rehabilitation, career, and job needs, identifies supported employment as the appropriate rehabilitation objective for the individual. “SEC. 635. [29 USC 795n](/us/usc/t29/s795n). 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 106 STAT. 4441services. 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 101(a)(1) as the agency to administer the program assisted under this part; “(2) summarize the results of the comprehensive, statewide assessment conducted under section 101(a)(5), with respect to the rehabilitation 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(b)(l)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1418(b)(1)(C)); “(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 agency to identify and make arrangements (including entering into cooperative agreements) with other public or non-profit agencies or organizations within the State, employers, natural supports, and other entities with respect to the provision of extended services; “(6) provide assurances that— “(A) funds made available under this part will only be used to provide supported employment services authorized under this Act to individuals who are eligible under this part to receive the services; “(B) that the comprehensive assessments of individuals with severe disabilities conducted under section 102(b)(1)(A) and funded under title 1 will include consideration of supported employment as an appropriate rehabilitation objective; “(C) an individualized written rehabilitation program, as required by section 102, will be developed and updated using funds under title I in order to— “(i) specify the supported employment services to be provided; “(ii) specify the expected extended services needed; and “(iii) identify the source of extended services, which may include natural supports, or to the extent that it is not possible to identify the source of extended services at the time the individualized written rehabilitation program is developed, a statement describing the basis for concluding that there is a reasonable expectation that such sources will become available; “(D) the State will use funds provided under this part only to supplement, and not supplant, the funds provided under title I, in providing supported employment services 106 STAT. 4442specified in the individualized written rehabilitation program; “(E) services provided under an individualized written rehabilitation program will be coordinated with services provided under other individualized plans established under other Federal or State programs; “(F) to the extent jobs skills training is provided, the training will be provided on-site; and “(G) supported employment services will include placement 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 other information and be submitted in such manner as the Commissioner may require. “SEC. 636. [29 USC 795*o*](/us/usc/t29/s795o). RESTRICTION.“Each State agency designated under section 635(b)(1) shall collect the client information required by section 13 separately for supported employment clients under this part and for supported employment clients under title I. “SEC. 637. [29 USC 795p](/us/usc/t29/s795p). 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 postemployment services in accordance with the State plan submit-ted under section 101 by using funds made available through a State allotment under section 110 to an individual who is eligible under this part. “SEC. 638. [29 USC 795q](/us/usc/t29/s795q). AUTHORIZATION OF APPROPRIATIONS.“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: " “Part C— Supported Employment Services for 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.”. " 106 STAT. 4443 TITLE VII—INDEPENDENT LIVING SERVICES AND CENTERS FOR INDEPENDENT LIVING SEC. 701. SERVICES AND CENTERS. The Act is amended—

(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 INDEPENDENT LIVING “CHAPTER 1—INDIVIDUALS WITH SEVERE DISABILITIES “PART A—GENERAL PROVISIONS “SEC. 701. [29 USC 796](/us/usc/t29/s796). PURPOSE. “The purpose of this chapter is to promote a philosophy of independent living, including a philosophy of consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy, in order to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities, and the integration and full inclusion of individuals with disabilities into the mainstream of American society, by— “(1) providing financial assistance to States for providing, expanding, and improving the provision of independent living services; “(2) providing financial assistance to develop and support statewide networks of centers for independent living; and “(3) providing financial assistance to States for improving working relationships among State independent living rehabilitation service programs, centers for independent living, Statewide Independent Living Councils established under section 705, State vocational rehabilitation programs receiving assistance under title I, State programs of supported employment services receiving assistance under part C of title VI, 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. 705. DEFINITIONS.[29 USC 796a](/us/usc/t29/s796a). “As used in this chapter: “(1) Center for independent living.— The term ‘center for independent living’ means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency that— “(A) is designed and operated within a local community by individuals with disabilities; and “(B) provides an array of independent living services. 106 STAT. 4444 “(2) Consumer control.—The term ‘consumer control’ means, with respect to an entity, that the entity vests power and authority in individuals with disabilities. “SEC. 703. [29 USC 796b](/us/usc/t29/s796b). ELIGIBILITY FOB RECEIPT OF SERVICES. “Services may be provided under this chapter to any individual with a severe disability, as defined in section 7(15)(B). “SEC. 704. [29 USC 796c](/us/usc/t29/s796c). STATE PLAN. “(a) In General.— “(1) Requirement.—To be eligible to receive financial assistance under this chapter, a State shall submit to the Commissioner, and obtain approval of, a State plan containing such provisions as the Commissioner may require, including, at a minimum, the provisions required in this section. “(2) Joint development.— The plan under paragraph

(1)shall be jointly developed and signed by— “(A) the director of the designated State unit; and “(B) the chairperson of the Statewide Independent Living Council, acting on behalf of and at the direction of the Council. “(3) Periodic review and revision.— The plan shall provide 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 assistance to appropriately address, on a statewide and comprehensive basis, needs in the State for— “(A) the provision of State independent living services; “(B) the development and support of a statewide net-work of centers for independent living; and “(C) working relationships between— “(i) programs providing independent living services and independent living centers; and “(ii) the vocational rehabilitation program established under title I, and other programs providing services for individuals with disabilities. “(4) Date of submission.— The State shall submit the plan to the Commissioner 90 days before the completion date of the preceding plan. If a State fails to submit such a plan that complies with the requirements of this section, the Commissioner may withhold financial assistance under this chapter until such time as the State submits such a plan. “(b) Statewide Independent Living Council.—The plan shall provide for the establishment of a Statewide Independent Living Council in accordance with section 705. “(c) Designation of State Unit.—The plan shall designate the designated State unit of such State as the agency that, on behalf of the State, shall— “(1) receive, account for, and disburse funds received by the State under this chapter based on the plan; “(2) provide administrative support services for programs under parts B and C; “(3) Records keep such records and afford such access to such records as the Commissioner finds to be necessary with respect to the programs; and “(4) submit such additional information or provide such assurances as the Commissioner may require with respect to the programs. 106 STAT. 4445 “(d) Objectives.— The plan shall— “(1) specify the objectives to be achieved under the plan and establish timelines for the achievement of the objectives; and “(2) explain how such objectives are consistent with and further the purpose of this chapter. “(e) Independent Living Services.— The plan shall provide that the State will provide independent living services under this chapter to individuals with severe disabilities, and will provide the services to such an individual in accordance with an independent living plan mutually agreed upon by an appropriate staff member of the service provider and the individual, unless the individual signs a waiver stating that such a plan is unnecessary. “(f) Scope and Arrangements.— The plan shall describe the extent and scope of independent living services to be provided under this chapter to meet such objectives. If the State makes arrangements, by grant or contract, for providing such services, such arrangements shall be described in the plan. “(g) Network.—The plan shall set forth a design for the establishment of a statewide network of centers for independent living that comply with the standards and assurances set forth in section 725. “(h) Centers.—In States in which State funding for centers for independent living equals or exceeds the amount of funds allot-ted to the State under part C, as provided in section 723, the plan shall include policies, practices, and procedures governing the awarding of grants to centers for independent living and over-sight of such centers consistent with section 723. “(i) Cooperation, Coordination, and Working Relation-ships Among Various Entities.— The plan shall set forth the steps that will be taken to maximize the cooperation, coordination, and working relationships among— “(1) the independent living rehabilitation service program, the Statewide Independent Living Council, and centers for independent living; and “(2) the designated State unit, other State agencies rep-resented on such Council, other councils that address the needs of specific disability populations and issues, and other public and private entities determined to be appropriate by the 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 duplication with other Federal, State, and local programs. “(k) Coordination Between Federal and State Sources.— The plan shall describe efforts to coordinate Federal and State funding for centers for independent living and independent living services. “(l) Outreach.—With respect to services and centers funded under this chapter, the plan shall set forth steps to be taken regarding outreach to populations that are unserved or underserved by programs under this title, including minority groups and urban and rural populations. “(m) Requirements.—The plan shall provide satisfactory assurances that all recipients of financial assistance under this chapter will— 106 STAT. 4446 “(1) notify all individuals seeking or receiving services under this chapter about the availability of the client assistance program under section 112, the purposes of the services provided under such program, and how to contact such program; “(2) take affirmative action to employ and advance in employment qualified individuals with disabilities on the same terms and conditions required with respect to the employment of such individuals under the provisions of section 503; “(3) adopt such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of and accounting for funds paid to the State under this chapter; “(4) Records.

(A)maintain records that fully disclose— “(i) the amount and disposition by such recipient of the proceeds of such financial assistance; “(ii) the total cost of the project or undertaking in connection with which such financial assistance is given or used; and “(iii) the amount of that portion of the cost of the project or undertaking supplied by other sources; “(B) Records. maintain such other records as the Commissioner determines to be appropriate to facilitate an effective audit; “(C) afford such access to records maintained under sub-paragraphs

(A)and

(B)as the Commissioner determines to be appropriate; and “(D) Reports. submit such reports with respect to such records as the Commissioner determines to be appropriate; “(5) provide access to the Commissioner and the Comptroller General or any of their duly authorized representatives, for the purpose of conducting audits and examinations, of any books, documents, papers, and records of the recipients that are pertinent to the financial assistance received under this chapter; and “(6) provide for public hearings regarding the contents of the plan during both the formulation and review of the plan, “(n) Evaluation.—The plan shall establish a method for the periodic evaluation of the effectiveness of the plan in meeting the objectives established in subsection (d), including evaluation of satisfaction by individuals with disabilities. “SEC. 705. [29 USC 796d](/us/usc/t29/s796d) STATEWIDE INDEPENDENT LIVING COUNCIL. “(a) Establishment.— To be eligible to receive financial assistance under this chapter, each State shall establish a Statewide Independent Living Council (referred to in this section as the ‘Council’). The Council shall not be established as an entity within another State agency. “(b) Composition and Appointment.— “(1) Appointment.—Members of the Council shall be appointed by the Governor or the appropriate entity within the State responsible for making appointments, within 90 days after the date of enactment of the Rehabilitation Act Amendments of 1992. 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. “(2) Composition.— The Council shall include— 106 STAT. 4447 “(A) at least one director of a center for independent living chosen by the directors of centers for independent living within the State; and “(B) as ex officio, nonvoting members— “(i) a representative from the designated State unit; and “(ii) representatives from other State agencies that provide services for individuals with disabilities. “(3) Additional members.— The Council may include— “(A) other representatives from centers for independent living; “(B) parents and guardians of individuals with disabilities; “(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 independent living and independent living services; and “(D) a majority of whom are persons who are— “(i) individuals with disabilities described in section 7(8)(B); 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 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 3 years, except that— “(i) 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 “(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 provide for the expiration of terms on a staggered basis. “(B) Number of terms.—No member of the Council may serve more than two consecutive full terms. “(7) Vacancies.—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 “(1) jointly develop and submit (in conjunction 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 councils that address the needs of specific disability populations and issues under other Federal law; “(4) ensure that all regularly scheduled meetings of the Council are open to the public and sufficient advance notice is provided; and “(5) Reports. Records.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 Commissioner finds necessary to verify such reports. “(d) Hearings and Forums.—The Council is authorized to hold such hearings and forums as the Council may determine to be necessary to carry out the duties of the Council. “(e) Plan.— “(1) In general.—The Council shall prepare, in conjunction with the designated State unit, a plan for the provision of such resources, including such staff and personnel, as may be necessary to carry out the functions 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) Conflict of interest.—While assisting the Council in carrying out its duties, staff and other personnel shall not be assigned duties by the designated State agency or any other agency or office of the State, that would create a conflict of interest. “(f) Compensation and Expenses.—The Council may use such resources to reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties (including child care and personal assistance 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 Council duties. “(g) Use of Existing Councils.—To the extent that a State has established a Council before September 30, 1992, that is comparable to the Council described in this section, such Council shall 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. “SEC. 706. [29 USC 796d–1](/us/usc/t29/s796d/1).RESPONSIBILITIES OF THE COMMISSIONER. “(a) Approval of State Plans.— 106 STAT. 4449 “(1) In general.— The Commissioner shall approve any State plan submitted under section 704 that the Commissioner determines meets the requirements of section 704, and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Commissioner shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing. “(2) Procedures.— “(A) In general.—Except as provided in subparagraph (B), the provisions of subsections

(c)and

(d)of section 107 shall apply to any State plan submitted to the Commissioner 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 references 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 CommissionerFederal Register, publication. 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) Qualifications of employees conducting reviews.— The Commissioner shall— “(A) to the maximum extent practicable, carry out such a review by using employees of the Department who are knowledgeable about the provision of independent living services; “(B) ensure that the employee of the Department with responsibility for supervising such a review shall have such knowledge; and “(C) ensure that at least one member of a team conducting such a review shall be an individual who— “(i) is not a government employee; and “(ii) has experience in the operation of centers for independent living. “(d) Reports.—The Commissioner shall include, in the annual report required under section 13, information on the extent to which centers for independent living receiving funds under part C have complied with the standards and assurances set forth in section 725. The Commissioner may identify individual centers for independent living in the analysis. The Commissioner shallReports. report the results of on-site compliance reviews, identifying individual centers for independent living and other recipients of assistance under this chapter. 106 STAT. 4450 “PART B—INDEPENDENT LIVING SERVICES “SEC. 711. [29 USC 796e](/us/usc/t29/s796e). ALLOTMENTS. “(a) In General.— “(1) States.— “(A) Population basis.—Except as provided in subparagraphs

(B)and (C), from sums appropriated for each fiscal year to carry out this part, the Commissioner shall make an allotment to each State whose State plan has been approved under section 706 of an amount bearing the same ratio to such sums as the population of the State bears to the population of all States. “(B) Maintenance of 1992 amounts.— Subject to the availability of appropriations to carry out this part, the amount of any allotment made under subparagraph

(A)to a State for a fiscal year shall not be less than the amount of an allotment made to the State for fiscal year 1992 under part A of this title, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992. “(C) Minimums.—Subject to the availability of appropriations 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 State 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 States Virgin Islands, the Commonwealth of the Northern Mariana Islands, ana 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 under paragraph (1)(C), 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 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 year preceding the fiscal year for which the allotment is to be made. “(b) Proportional Reduction.—Subject to subsection (a)(1)(B), amounts necessary to provide allotments to States in accordance with subsection (a)(1)(B), or in accordance with subsection (a)(1)(C) as increased under subsection (a)(3), or to provide allotments under subsection (a)(2)(B), shall be derived by proportionately reducing 106 STAT. 4451the allotments of the remaining States under subsection (a)(1). 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 (a)(3). “(c) Reallotment.—Whenever the Commissioner determines that any amount of an allotment to a State for any fiscal year will not be expended by such State in carrying out the provisions of this part, the Commissioner shall make such amount available for carrying out the provisions of this part to one or more of the States that the Commissioner determines will be able to use additional amounts during such year for carrying out such 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 determined under the preceding provisions of this section) for such year. “SEC. 712. PAYMENTS TO STATES FROM ALLOTMENTS.[29 USC 796e–1](/us/usc/t29/s796e/1). “(a) Payments.—From the allotment of each State for a fiscal year under section 711, the State shall be paid the Federal share of the expenditures incurred during such year under its State plan approved under section 706. Such payments may be made (after necessary adjustments on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments and on such conditions as the Commissioner may determine. “(b) Federal Share.— “(1) In general.—The Federal share with respect to any State for any fiscal year shall be 90 percent of the expenditures incurred by the State during such year under its State plan approved under section 706. “(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 theRegulations. Federal share with respect to any State, expenditures by a political subdivision of such State shall, subject to regulations prescribed by the Commissioner, be regarded as expenditures by such State. “SEC. 713. AUTHORIZED USES OF FUNDS.[29 USC 796e–2](/us/usc/t29/s796e/2). “The State may use funds received under this part to provide the resources described in section 705(e), relating to the Statewide Independent Living Council, and may use funds received under this part— “(1) to provide independent living services to individuals with severe disabilities; “(2) to demonstrate ways to expand and improve independent 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 106 STAT. 4452develop comprehensive approaches or systems for providing independent living services; “(5) to conduct studies and analyses, gather information, develop model policies and procedures, ana present information, approaches, strategies, findings, conclusions, and recommendations to Federal, State, and local policymakers in order to enhance independent living services for individuals with disabilities; “(6) to train individuals with disabilities and individuals providing services to individuals with disabilities and other persons regarding the independent living philosophy; and “(7) to provide outreach to populations that are unserved or underserved by programs under this title, including minority groups and urban and rural populations. “SEC. 714. [29 USC 796e–3](/us/usc/t29/s796e/3). 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. “PART C—CENTERS FOR INDEPENDENT LIVING “SEC. 721. [29 USC 796f](/us/usc/t29/s796f). 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 funds appropriated to carry out this part exceed the funds appropriated to carry out this part for fiscal year 1993, the Commissioner shall first reserve from such excess, to provide training and technical assistance for such fiscal year, not less than 1.8 percent, and not more than 2 percent, of such funds. “(2) Grants. Contracts. Allocation.—From the funds reserved under para-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 independent living. “(3) Funding priorities.—The Commissioner shall conduct a survey of Statewide Independent Living Councils and centers for independent living regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, and other arrangements. “(4) Review.—To be eligible to receive a grant or enter into a contract or other arrangement under this subsection, such an entity shall submit an application to the Commissioner at such time, in such manner, and containing a proposal to provide such training and technical assistance, and containing such additional information as the Commissioner may require. The Commissioner shall provide for peer review of grant applications by panels that include persons who are not govern-106 STAT. 4453ment employees and who have experience in the operation of centers for independent living. “(5) Prohibition on combined funds.—No funds reserved by the Commissioner under this subsection may be combined with funds appropriated under any other Act or part of this Act if the purpose of combining funds is to make a single discretionary grant or a single discretionary payment, unless such funds appropriated under this chapter are separately identified in such grant or payment and are used for the purposes 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 remainder as the population of the State bears to the population of all States. “(B) Maintenance of 1992 amounts.—Subject to the availability of appropriations to carry out this part, the amount of any allotment made under subparagraph

(A)to a State for a fiscal year shall not be less than the amount of financial assistance received by centers for independent living in the State for fiscal year 1992 under part B of this title, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992. “(C) Minimums.— Subject to the availability of appropriations 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 enactment of the Rehabilitation Act Amendments of 1992— “(i) if such excess is not less than $8,000,000, the allotment to any State under subparagraph

(A)shall be not less than $450,000 or 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 “(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 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 any fiscal year, beginning in fiscal year 1994, in which the total amount appropriated to carry out this part exceeds the total amount appropriated to carry out this part for the preceding fiscal year by a percentage greater than the most recent percentage change in the Consumer Price Index For All Urban Consumers published by the Secretary of Labor under section 100(c)(1), the Commissioner shall increase the minimum allotment under paragraph (1)(C) 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 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 determined under 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 appropriated 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. “(B) Grants. Contracts. 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 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 Commissioner 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 proposals 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 (b)(5) 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 under this part for fiscal year 1993 if the agencies submit applications that demonstrate 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 determining whether a center meets the standards described in section 725(b), the Commissioner will look for information that snows 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 been meeting the standards. “(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 applications for fiscal year 1993. In determining whether an application is satisfactory, the Secretary shall use the criteria for selection of centers specified in section 722(d)(2)(B). “(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. 44561992, in fiscal year 1992 until the Secretary has funded all agencies within each State that received such funding and have submitted applications described in subparagraph (B)(i) for fiscal year 1993. “SEC. 722. [29 USC 796f–1](/us/usc/t29/s796f/1). GRANTS TO CENTERS FOR INDEPENDENT LIVING IN STATES IN WHICH FEDERAL FUNDING EXCEEDS STATE FUNDING. “(a) Establishment.— “(1) In General.—Unless the director of a designated State unit awards grants under section 723 to eligible agencies in a State for a fiscal year, the Commissioner shall award grants under this section to such eligible agencies for such fiscal year from the amount of funds allotted to the State under subsection

(c)or

(d)of section 721 for such year. “(2) Grants.— The Commissioner shall award such grants, from the amount of funds so allotted, to such eligible agencies for the planning, conduct, administration, and evaluation of centers for independent living that comply with the standards and assurances set forth in section 725. “(b) Eligible Agencies.—In any State in which the Commissioner has approved the State plan required by section 704, the Commissioner may make a grant under this section to any eligible agency that— “(1) has the power and authority to carry out the purpose of this part and perform the functions set forth in section 725 within a community and to receive and administer funds under this part, funds and contributions from private or public sources that may be used in support of a center for independent living, and funds from other public and private programs; “(2) is determined by the Commissioner to be able to plan, conduct, administer, and evaluate a center for independent living consistent with the standards and assurances set forth in section 725; and “(3) submits an application to the Commissioner at such time, in such manner, and containing such information as the Commissioner may require. “(c) Existing Eligible Agencies.—In the administration of the provisions of this section, the Commissioner shall award grants to any eligible agency that is receiving funds under this part on September 30, 1993, unless the Commissioner makes a finding that the agency involved fails to meet program and fiscal standards and assurances set forth in section 725. “(d) New Centers for Independent Living.— “(1) In General.—If there is no center for independent living serving a region of the State or a region is underserved, and the increase in the allotment of the State is sufficient to support an additional center for independent living in the State, the Commissioner may award a grant under this section to the most qualified applicant, consistent with the provisions in the State plan setting forth the design of the State for establishing a statewide network of centers for independent living. “(2) Selection.— In selecting from among applicants for a grant under this section for a new center for independent living, the Commissioner— 106 STAT. 4457 “(A) shall consider comments regarding the application, if any, by the Statewide Independent Living Council in the State in which the applicant is located; “(B) shall consider the ability of each such applicant to operate a center for independent living based on— “(i) evidence of the need for such a center; “(ii) any past performance of such applicant in providing services comparable to independent living services; “(iii) the plan for satisfying or demonstrated success in satisfying the standards and the assurances set forth in section 725; “(iv) the quality of key personnel and the involvement of individuals with severe disabilities; “(v) budgets and cost-effectiveness; “(vi) an evaluation plan; and “(vii) the ability of such applicant to carry out the plans; and “(C) shall give priority to applications from applicants proposing to serve geographic areas within each State that are currently unserved or underserved by independent living 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

(c)or

(d)of section 721 for such year. “(ii) Grants.—The director or the Commissioner, as appropriate, shall award such grants, from the amount of funds so allotted for the initial fiscal year, to eligible agencies in the State for the planning, con-duct, administration, and evaluation of centers for independent living that comply with the standards and assurances set forth in section 725. “(iii) Regulation.—The Commissioner shall by regulation specify the preceding fiscal year with respect to which the Commissioner will make the determinations 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 unit shall continue to have the authority to award such grants under this section if the Commissioner determines that the State continues to earmark the amount of State funds described in subparagraph (A)(i). If the State does not continue to earmark such an amount for a fiscal year, the State shall be ineligible to make grants under this section after a final year following such fiscal year, as defined in accordance with regulations established by the Commissioner, and for each subsequent fiscal year. “(2) Grants by designated state units.—In order for the designated State unit to be eligible to award the grants described in paragraph

(1)and carry out this section for a fiscal year with respect to a State, the designated State agency shall submit an application to the Commissioner at such time, and in such manner as the Commissioner may require, including information about the amount of State funds described in paragraph

(1)for the preceding fiscal year. If the Commissioner makes a determination described in subparagraph (A)(i) or (B), as appropriate, of paragraph (1), the Commissioner shall approve the application and designate the director of the designated State unit to award the grant and carry out this section. 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) Eligible Agencies.—In any State in which the Commissioner has approved the State plan required by section 704, the director of the designated State unit may award a grant under this section to any eligible agency that— “(1) has the power and authority to carry out the purpose of this part and perform the functions set forth in section 725 within a community and to receive and administer funds under this part, funds and contributions from private or public sources that may be used in support of a center for independent living, and funds from other public and private programs; “(2) is determined by the director to be able to plan, con-duct, administer, and evaluate a center for independent living, consistent with the standards and assurances set forth in section 725; and “(3) submits an application to the director at such time, in such manner, and containing such information as the head of the designated State unit may require. “(c) Existing Eligible Agencies.—In the administration of the provisions of this section, the director of the designated State unit shall award grants under this section to any eligible agency that 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-wide Independent Living Council acting on behalf of and at the direction of the Council, shall jointly appoint a peer review committee that shall rank applications in accordance with the standards and assurances set forth in section 725 and criteria jointly established by such director and such chairperson or individual; “(B) the peer review committee shall consider the ability of each such applicant to operate a center for independent living, and shall recommend an applicant to receive a grant under this section, based on— “(i) evidence of the need for a center for independent living, consistent with the State plan; 106 STAT. 4460 “(ii) any past performance of such applicant in providing services comparable to independent living services; “(iii) the plan for complying with, or demonstrated success in complying with, the standards and the assurances set forth in section 725; “(iv) the quality of key personnel of the applicant and the involvement of individuals with severe disabilities by the applicant; “(v) the budgets and cost-effectiveness of the applicant; “(vi) the evaluation plan of the applicant; and “(vii) the ability of such applicant to carry out the plans; and . “(C) the director of the designated State unit shall award the grant on the basis of the recommendations of the peer review committee if the actions of the committee are consistent with Federal and State law. “(3) Current centers.—Notwithstanding paragraphs

(1)and (2), a center for independent living that receives assistance under part B (or part A as in effect 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 designated State unit and the chairperson of the Council or other individual designated by the Council acting on behalf of and at the direction of the Council jointly agree on another order of priority, the director shall be guided by the following order of priorities in allocating funds among centers for independent living within a State, to the extent funds are available: “(1) The director of the designated State unit shall support existing centers for independent living, as described in sub-section (c), that comply with the standards and assurances set forth in section 725, at the level of funding for the previous year. “(2) The director of the designated State unit shall provide for a cost-of-living increase for such existing centers for independent living. “(3) The director of the designated State unit shall fund new centers for independent living, as described in subsection (d), that comply with the standards and assurances set forth in section 725. “(f) 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 compliance with the standards and assurances set forth in section 725, the director of the designated State unit shall immediately notify such center that it is out of compliance. “(2) Enforcement.— The director of the designated State unit shall terminate all funds under this section to such center 90 days after— 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 designated 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 by the Council acting on behalf of and at the direction of the Council. A copy of this review shall be provided to the Commissioner. “(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 conciliation to be provided by an individual or individuals who are free of conflicts of interest identified by the chairperson of or other individual designated by the Council. If the issue is not resolved through the mediation and conciliation, the center may appeal the proposed adverse action to the Commissioner for a final decision. “SEC. 724. CENTERS OPERATED BY STATE AGENCIES.[29 USC 796f–3](/us/usc/t29/s796f/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 section 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 Rehabilitation Act Amendments of 1992, the State may apply to the Commissioner for assistance under section 721(e)(2) 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 under this part for fiscal year 1994 or a succeeding fiscal year if, for such fiscal year— “(1) no nonprofit private agency— “(A) submits an acceptable application to operate a center for independent living for fiscal year 1993 before a date specified by the Commissioner; and 106 STAT. 4462 “(B) obtains approval of the application under section 722 or 723; or “(2) after funding all applications so submitted and approved, the Commissioner determines that funds remain available to provide such assistance. “SEC. 735. [29 USC 796f–4](/us/usc/t29/s796f/4). STANDARDS AND ASSURANCES FOR CENTERS FOR INDEPENDENT LIVING. “(a) In General.— Each center for independent living that receives assistance under this part shall comply with the standards set out in subsection

(b)and provide and comply with the assurances set out in subsection

(c)in order to ensure that all programs and activities under this part are planned, conducted, administered, and evaluated in a manner consistent with the purposes of this chapter and the objective of providing assistance effectively and efficiently. “(b) Standards.— “(1) Philosophy.— The center shall promote and practice the independent living philosophy of— “(A) consumer control of the center regarding decision-making, service delivery, management, and establishment of the policy and direction of the center; “(B) self-help and self-advocacy; “(C) development of peer relationships and peer role models; and “(D) equal access of individuals with 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 services 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, including individuals with disabilities who are members of populations 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) Independent living goals.—The center shall facilitate 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 development and achievement of independent living goals by individuals 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(30)(B). “(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. 106 STAT. 4463 “(7) Resource development activities.—The center shall conduct resource development activities to obtain funding from sources other than this chapter. “(c) Assurances.—The eligible agency shall provide at such time and in such manner as the Commissioner may require, such satisfactory assurances as the Commissioner may require, including satisfactory assurances that— “(1) the applicant is an eligible agency; “(2) the center will be designed and operated within local communities by individuals with disabilities, including an assurance that the center will have a Board that is the principal governing body of the center and a majority of which shall be composed of individuals with 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 provided, 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 personnel assignment practices, including taking affirmative action to employ and advance in employment qualified individuals with severe disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities under section 503; “(6) the applicant will ensure that the majority of the staff, and individual in decisionmaking positions, of the applicant are individuals with disabilities; “(7) the applicant will practice sound fiscal management, including making arrangements for an annual independent fiscal audit; “(8) the applicant will conduct annual self-evaluations, prepare an annual report, and maintain records adequate to measure 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 amounts of funding for the operation of the center; “(E) the number of individuals with severe disabilities who are employed by, and the number who are in management and decisionmaking positions in, the center; and “(F) a comparison, when appropriate, of the activities of the center in prior years with the activities of the center in the most recent year; “(9) individuals with severe disabilities who are seeking or receiving services at the center will be notified by the center 106 STAT. 4464of 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 underserved by programs under this title, especially minority groups and urban and rural populations; “(11) staff at centers for independent living will receive training on how to serve such unserved and underserved populations, including minority groups and urban and rural populations; “(12) the center will submit to the Statewide Independent Living Council a copy of its approved grant application and the annual report required under paragraph (8); “(13) Reports. 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 services under the plan signs a waiver stating that such a plan is unnecessary. “SEC. 726. [29 USC 796f–5](/us/usc/t29/s796f/5). DEFINITIONS.“As used in this part, the term ‘eligible agency’ means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency. “SEC. 727. [29 USC 796f–6](/us/usc/t29/s796f/6). 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.”. " SEC. 702. [29 USC 796 note](/us/usc/t29/s796/). 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 year 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 BLIND.

(a)Services.—Title VII (29 U.S.C. 796 et seq.) is amended by adding at the end the following: 106 STAT. 4465 " “CHAPTER 2—INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND “SEC. 751. DEFINITION.[29 USC 796j](/us/usc/t29/s796j).“For purposes of this chapter, the term ‘older individual who is blind’ means an individual age 55 or older whose severe visual impairment makes competitive employment extremely difficult to attain but for whom independent living goals are feasible. “SEC. 752. PROGRAM OF GRANTS.[29 USC 796k](/us/usc/t29/s796k). “(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 l0l(a)(1)(A)(i). “(b) Contingent Competitive Grants.—Beginning with fiscal year 1994, in the case of any fiscal year for which the amount appropriated under 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 under subsection

(a)unless the State involved agrees that the grant will be expended only for purposes of— “(1) providing independent living services to older individuals who are blind; “(2) conducting activities that will improve or expand services for such individuals; and “(3) conducting activities to help improve public understanding of the problems of such individuals. “(e) Independent Living Services.—Independent living services for purposes of subsection (d)(1) include— “(1) services to help correct blindness, such as— “(A) outreach services; “(B) visual screening; “(C) surgical or therapeutic treatment to prevent, correct, or modify disabling eye conditions; and “(D) hospitalization related to such services; “(2) the provision of eyeglasses and other visual aids; 106 STAT. 4466 “(3) the provision of services and equipment to assist an older individual who is blind to become more mobile and more self-sufficient; “(4) mobility training, Braille instruction, and other services and equipment to help an older individual who is blind adjust to blindness; “(5) guide services, reader services, and transportation; “(6) any other appropriate service designed to assist an older individual who is blind in coping with daily living activities, 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)unless the State involved agrees, with respect to the costs of the program to be carried out by the State pursuant to such subsection, to make available (directly or through donations from public or private entities) non-Federal 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-Federal 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 Government, may not be included in determining the amount of such non-Federal contributions. “(g) Certain Expenditures of Grants.— A State may expend a grant under subsection

(a)to carry out the purposes specified in subsection

(d)through grants to public and nonprofit private agencies or organizations. “(h) Requirement Regarding State Plan.—The Commissioner may not make a grant under subsection

(a)unless the State involved agrees that, in carrying out subsection (d)(1), the State will seek to incorporate into the State plan under section 704 any new methods and approaches relating to independent living services for older individuals who are blind. “(i) Application for Grant.— “(1) In general.—The Commissioner may not make a grant under subsection

(a)unless an application for the grant is submitted to the Commissioner and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Commissioner determines to be necessary to carry out this section (including agreements, assurances, and information with respect to any grants under subsection (j)(4)). “(2) Contents.— An application for a grant under this section shall contain— “(A) Reports. an assurance that the designated State unit described in subsection (a)(2) will prepare and submit to the Commissioner a report, at the end of each fiscal year, with respect to each project or program the designated 106 STAT. 4467State unit operates or administers under this section, whether directly or through a grant or contract, which report shall contain, at a minimum, information on—

(i)the number and types of older individuals who are blind and are receiving services; “(ii) the types of services provided and the number of older individuals who are blind and are receiving each type of service; “(iii) the sources and amounts of funding for the operation of each project or program; “(iv) the amounts and percentages of resources committed to each type of service provided; “(v) data on actions taken to employ, and advance in employment, qualified individuals with 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 maintenance 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 organizations; “(II) activities to promote community awareness, involvement, and assistance; and “(III) outreach efforts; and “(C) an assurance that the application is consistent with the State plan for providing independent living services required by section 704. “(j) Amount of Formula Grant.— “(1) In general.— Subject to the availability of appropriations, the amount of an allotment under subsection

(a)for a State for a fiscal year shall be the greater of— “(A) the amount determined under paragraph (2); 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 amount referred to in subparagraph

(A)of paragraph

(1)for a fiscal year is $40,000, except that the Republic of Palau may receive such allotment under this section only until the Compact of Free Association with Palau takes effect. 106 STAT. 4468 “(3) Formula.— The amount referred to in subparagraph

(B)of paragraph

(1)for a State for a fiscal year is the product of— “(A) the amount appropriated under section 753 and available for allotments under subsection (a); and “(B) a percentage equal to the quotient of— “(i) an amount equal to the number of individuals residing in the State who are not less than 55 years of age; divided by “(ii) an amount equal to the number of individuals residing in the United States who are not less than 55 years of age. “(4) Disposition of certain amounts.— “(A) Handicapped. Grants.—From the amounts specified in subparagraph (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 subparagraph

(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 application under subsection (i); “(ii) the failure of any State to prepare within a reasonable period of time such application in compliance 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). “SEC. 753. [29 USC 796*l*](/us/usc/t29/s796l). 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 VII— 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. 705. 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. 106 STAT. 4469 “Sec. 714. Authorization of appropriations. “Part C— Centers for 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 Blind “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 DEMONSTRATIONS AND TRAINING PROJECTS “SEC. 801. AUTHORIZATION OF APPROPRIATIONS.[29 USC 797](/us/usc/t29/s797). “(a) Demonstration Projects.— There are authorized to be appropriated to carry out section 802, such sums as may be necessary for each of the fiscal years 1993 through 1997. “(b) Training Initiatives.—There are authorized to be appropriated to carry out section 803, such sums as may be necessary for each of the fiscal years 1993 through 1997. “SEC. 802. DEMONSTRATION ACTIVITIES.[29 USC 797a](/us/usc/t29/s797a). “(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 individuals with disabilities who— “(A)

(i)are employed or seeking employment; or “(ii) are receiving vocational rehabilitation 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 provided 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 vocational rehabilitation services. 106 STAT. 4470 “(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 transportation; 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 number of eligible individuals served under the program; “(D) a description of methods used to ensure that the program serves the eligible individuals most in need of the transportation services provided under the program; and “(E) 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 Quality Placements.— “(1) Grants. Special projects and demonstrations.—The Commissioner shall make grants to public or nonprofit community 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 demonstrations 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 accomplishment 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 public or nonprofit agencies and organizations to carry out demonstration programs designed to demonstrate the utility of early 106 STAT. 4471intervention 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 activities.—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 intervention by State vocational rehabilitation agencies, and a private nonprofit agency joint venture with an employer or State vocational rehabilitation agency. “(d) Transition Demonstration Projects.— “(1) Grants.—The Commissioner may make grants to public 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 disabilities from 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, counseling, and social and vocational services. “(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. “(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 successful rehabilitation outcomes for individuals with disabilities from 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 from minority backgrounds in the rehabilitation professions, including 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 successful rehabilitation outcomes for individuals with neurological or other related disorders, and examine how the hidden or episodic nature of the disability affects eligibility and the provision of services. “(f) Studies, Special Projects, and Demonstration Projects To Study Management and Service Delivery.— 106 STAT. 4472 “(1) Grants.—The Commissioner may make grants to public or nonprofit agencies and organizations to pay part or all of the costs of conducting studies, special projects, or demonstration 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 rehabilitation 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 application at such time, in such manner, and containing such information 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) now 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 the anticipated duration of each such service; and “(iii) objective 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 under paragraph (1), the Commissioner shall take into consideration the— 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 Commissioner 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.—The 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 clients and service providers. The Commissioner may reserve funds for the evaluation 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) Eligible client.—The term ‘eligible client’ means an individual with a disability, as defined in section 7(8)(A), who is not currently receiving services under an individualized written rehabilitation program established through a designated State unit. “(h) National Commission on Rehabilitation Services— “(1) Establishment.— “(A) In general.—Subject to the availability of appropriations, there is hereby established a National Commission on Rehabilitation Services (referred to in this section as the ‘National Commission’) for the purpose of studying the nature, quality, and adequacy of vocational rehabilitation, independent living, supported employment, research, training, and other programs authorized under this Act, and submitting to the President and to Congress recommendations 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 majority of the members of the National Commission shall be individuals 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: “(I) Presidential appointees.—Five members shall be appointed by the President, or, if the President delegates the authority to make the appointment, by the Secretary of Education. 106 STAT. 4474 “(II) Senate appointees.—Five members shall be appointed by the president pro tempore of the Senate, with the advice and approval of the Majority Leader and Minority Leader of the Senate. “(III) House of representatives appointees.—Five members shall be appointed by the Speaker of the House of Representatives with the advice and approval of the Majority 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 Commission 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 Commission 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 activities in fostering innovative approaches that further the employment of individuals with disabilities; “(iii) the capacity of supported employment and independent living services in promoting the integration 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 underserved by pro-grams under this Act that provide such vocational rehabilitation services and independent living services; “(v) means for enhancing interagency coordination among Federal and State agencies to promote the maximization of employment-related programs, services, and benefits on behalf of individuals with disabilities; and “(vi) such other issues as the National Commission may identify as relevant to promoting the employment, independence, and integration of individuals with disabilities. “(B) Policy analyses.— The National Commission shall conduct policy analyses to— 106 STAT. 4475 “(i) develop options for improving fiscal equity in the allotment of grants under section 110; “(ii) provide guidance on implementing the order of selection described in section 101(a)(5)(A); and “(iii) address the shortage of rehabilitation professionals. “(C) Reports.— “(i) Interim 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 amendments 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 the National Commission determines to be necessary to carry out its functions. “(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 furnish such information to the National Commission. “(ii) Other entities.—The National Commission may secure, directly or by contract or other means, such additional information as the National Commission determines to be necessary from universities, research institutions, foundations, 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 rehabilitation services personnel; and 106 STAT. 4476 “(vi) 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 payment of $150 for each day (including travel time) during which the member is engaged in the 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 intermittently 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 provisions of title 5, United States Code, governing appointments in the competitive service, appoint and terminate a staff director of the National Commission. The employment 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 independent 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 additional personnel as may be necessary, 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 with 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 106 STAT. 4477private agencies with or without reimbursement, 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 Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. “(8) Termination.—The National Commission shall terminate not later than 90 days following the submission of the final report as described in paragraph (2)(C)(ii). “(i) Model Personal Assistance Services Systems.— The Commissioner may award grants 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 living, 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 consortia 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 application to the Commissioner at such time, in such manner, and containing such information and assurances as the Commissioner 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(a)(2); “(iii) the partnership or consortium will disseminate information on the model program conducted; “(iv) the partnership or consortium will utilize, if available, job skill standards established jointly by management and labor to assist in evaluating the job skills of an individual and assessing the skills 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 specified 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. 4478the project after the period for which Federal assistance is sought. “(4) Definition.—For the purposes of this subsection, the term ‘workers with disabilities’ shall mean individuals with disabilities 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 providing vocational and other rehabilitation services, where the Commissioner determines that the development of such systems is needed. “SEC. 803. [29 USC 797b](/us/usc/t29/s797b). TRAINING ACTTVITIES. “(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 application at such time, in such manner, and containing such information 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 telecommunications 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 “(iv) interactive video equipment; 106 STAT. 4479 “(G) an assurance that the partnership will use not less than 75 percent of the amount of the grant for instructional curriculum 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) Eligible entity.—The term ‘eligible entity’ means any institution of higher education with demonstrated experience in the area of continuing education for vocational rehabilitation personnel. “(B) Interactive video equipment.—The term ‘interactive video equipment’ means equipment used to produce and prepare video and audio signals for transmission between distant locations so that individuals at such locations can see and hear each 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(a)(1). “(b) Braille Training Projects.— “(1) Establishment.—The Commissioner shall makeGrants. Contracts. 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 establishment or continuation of projects that may provide— “(A) development of Braille training materials; and “(B) in-service or preservice training in the use of Braille and methods of teaching Braille to youth and adults who are blind. “(3) Application.—To be eligible 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 purpose of establishing programs to provide training and information to enable individuals with disabilities, and the parents, family members, guardians, advocates, or other authorized representatives of the individuals to participate more effectively with professionals in meeting the vocational and rehabilitation needs of individuals with disabilities. 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 authorized representatives of the individuals, who live in the area to be served, particularly those who are members of populations 106 STAT. 4480that 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 authorized representatives of the individuals to— “(A) better understand vocational rehabilitation and independent living programs and services; “(B) provide followup support for transition and employment programs; “(C) communicate more effectively with transition and rehabilitation personnel and other relevant professionals; “(D) provide support in the development of the individualized 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 under 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 information as the Commissioner may require, including information demonstrating the capacity and expertise of the organization to— “(i) coordinate and work closely with parent training and information centers established under section 631 of the Individuals with Disabilities Education Act (20 U.S.C. 1431); and “(ii) effectively conduct the training and information activities authorized under this subsection; “(B)

(i)be governed by a board of directors— “(I) that includes professionals in the field of vocational rehabilitation; and “(II) on which a majority of the members are individuals with disabilities or the parents, family members, guardians, advocates, or authorized representatives of the individuals; or “(ii)

(I)have a membership that represents the interests of individuals with disabilities; and “(II) 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 106 STAT. 4481 “(C) serve individuals with a full range of disabilities, and the parents, family members, guardians, advocates, or authorized representatives of the individuals. “(5) Consultation.—Each private nonprofit organization carrying out a program receiving assistance under this subsection shall consult with appropriate agencies that serve or assist individuals with disabilities, 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 organization receiving a grant under this subsection shall meet at least once in each calendar quarter to review the training and information program, and 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 private organization requests the renewal of a grant under this subsection, the board of directors or the special governing committee shall prepare and submit to the Commissioner a written review of the training and information program conducted by the nonprofit private organization during the preceding fiscal 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 Rehabilitation 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 " “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 significant losses of both vision and hearing,” after “1960’s”; and

(2)in paragraph (5), by striking “invested approximately $10,000,000” and inserting “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) tram 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 “within 15 days following the completion of the audit and acceptance of the audit by the Center”. SEC. 904. AUTHORIZATION OF APPROPRIATIONS.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. 905. 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: 106 STAT. 4483 " “(2) the term ‘individual who is deaf-blind’ means any individual— “(A)

(i)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 greater 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 understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this 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 measured 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, Incorporated” and inserting “Helen Keller Services for the Blind, Incorporated”. 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: " “SEC. 208. HELEN KELLER NATIONAL CENTER FEDERAL ENDOWMENT PROGRAM[29 USC 1907](/us/usc/t29/s1907). “(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 (hereafter in this section referred to as the ‘Endowment Fund’) in accordance 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 Fund 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 Endowment Fund in amounts equal to sums contributed to the Endowment Fund from non-Federal sources (excluding transfers from other endowment funds 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. 4484discretion, and intelligence would exercise in the management of that person’s own business affairs. “(2) Limitations.— “(A) Federally insured investments and other investments.—The 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 Fund 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 securities 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, encumber, or create a lien on the Endowment Fund corpus without specific written authorization of the Secretary. “(d) Withdrawals and 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, construction and renovation, community and client services programs, 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 Fund income earned prior to the time of withdrawal or expenditure. “(B) Exception.— The Secretary may permit the Center 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 withdrawal or expenditure is necessary because of— “(i) a financial emergency, such as a pending insolvency or temporary liquidity problem; “(ii) a life-threatening situation occasioned by a natural disaster or arson; or 106 STAT. 4485 “(iii) another unusual occurrence or exigent circumstance. “(e) Reporting Requirements.— “(1) Financial records.—The Helen Keller National Center shall keep accurate financial records relating to the operation of the Endowment Fund. “(2) Audit and report.— “(A) Audit.—The Center shall arrange for the conduct of an annual financial and compliance audit of the Endowment 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 funds provided by the Federal endowment program authorized under 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 Federal payments made under this section if the Helen Keller National Center— “(1) makes a withdrawal or expenditure from the Endowment 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 from the Endowment Fund corpus or income. “(g) Definitions.— For the purposes of this section: “(1) Endowment fund.—The term ‘endowment fund’ means a fund, or a tax-exempt foundation, established and maintained by the Helen Keller National Center for the purpose of generating income for the support of the Center. “(2) Endowment fund corpus.—The term ‘Endowment Fund corpus’ means an amount equal to the Federal payments made to the Endowment Fund and amounts contributed to the Endowment Fund from non-Federal sources. “(3) Endowment fund income.—The term ‘Endowment Fund income’ means an amount equal to the total market value of the Endowment Fund minus the Endowment Fund 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(b)(3) (as so redesignated by paragraphs

(2)and (4)(A) of section 902), of the Helen Keller National Center Act (29 U.S.C. 1901 and 1902(b)(3)) are amended by striking “deaf-106 STAT. 4486blind 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(b)(1)) (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 and Adults.—

(1)Nomenclature. 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 youths and 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.

(a)Nomenclature. 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 June 25, 1938 (commonly known as the Wagner-O’Day 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 Disabled”.

(b)Small Business Act.—Section 15(c)(1)(A) of the Small Business Act (15 U.S.C. 644(c)(1)(A)) 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 Secretary 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 communications needs of such individuals.”. "

(b)Notice.—

(1)In General.—Within 90 days after the date of enactment of this Act, the Secretary of Education shall issue a Notice of Inquiry concerning the definition of the term “serious emotional disturbance” as used in the Individuals with Disabilities Education Act.

(2)Public 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 from 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 106 STAT. 4487disorders” 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(a)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(a)(l)): “(A) The term ‘serious emotional disturbance’ means a disability that is— “(i) characterized by behavioral or emotional response in school programs so different from appropriate 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 settings, 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 such 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, affective disorder, anxiety disorder, or other sustained disorder of conduct or adjustment, 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 Secretary shall, within 10 months after the date of enactment of this Act, prepare a report containing a summary of the public comments described in paragraph (2)(B) received as a result of the Notice of Inquiry, and recommendations concerning whether such Act should be amend-ed. The report shall be submitted 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 Policy 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(a)(1) (29 U.S.C. 2251(a)(1)), 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 “public or private agencies and organizations, including institutions of higher education,”; and

(3)in section 231(a) (29 U.S.C. 2252(a)), by striking “non-profit[29 USC 2261](/us/usc/t29/s2261). and for-profit entities” and inserting “public or private 106 STAT. 4488agencies and organizations, including institutions of higher education,”. SEC. 914. PRESIDENTS 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 Employ the Physically Handicapped Week”, approved July 11, 1949 (36 U.S.C. 155a) is amended—

(1)by striking “handicapped persons” and inserting “persons 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](/us/bill/102/hr/5482) ([S. 3065](/us/bill/102/s/3065)): HOUSE REPORTS: Nos. [102–822](/us/hrpt/102/822) (Comm. on Education and Labor) and [102–973](/us/hrpt/102/973) (Comm. of Conference). SENATE REPORTS: No. [102–357](/us/srpt/102/357) accompanying [S. 3065](/us/bill/102/s/3065) (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 138 (1992): Aug. 10, considered and passed House. Aug. 11, [S. 3065](/us/bill/102/s/3065) considered and passed Senate. Aug. 12, [H.R. 5482](/us/bill/102/hr/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. Public Law 102–570: To authorize the Secretary of the Interior to construct and operate an interpretive center for the Ridgefield National Wildlife Refuge in Clark County, Washington. Public Law 570 Public Law 102–570 106 Stat. 4489 1992-10-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-06-13 102 public

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