102d CONGRESS
2d Session
H. R. 5482
AMENDMENT
HR 5482 EAS
In the Senate of the United States,
August 12 (legislative day, August 5), 1992.
Resolved, That the bill from the House of Representatives (H.R. 5482)
entitled `An Act to revise and extend the programs of the Rehabilitation
Act of 1973, and for other purposes' do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:

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(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:

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Subtitle B--Vocational Rehabilitation Services

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TITLE I

-ADMINISTRATION AND VOCATIONAL REHABILITATION SERVICES

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TITLE III

-TRAINING AND DEMONSTRATION PROJECTS

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TITLE V

-ACCESS

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TITLE VIII

-RESEARCH, TRAINING, AND DEMONSTRATION PROJECTS

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TITLE IX

-AMENDMENTS TO OTHER ACTS

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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.).
Subtitle A--Administration

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Section 2 (29 U.S.C. 701) is amended to read as follows:
`SEC. 2. FINDINGS; PURPOSE; POLICY.
`(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) 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 mainstream of American society;
`(3) 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
`(4) the goals of the Nation properly include the goal of providing
individuals with disabilities with the tools necessary to--
`(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 purpose of this Act is to empower individuals with
disabilities to achieve economic self-sufficiency, independence, and
inclusion and integration into the society, through--
`(1) comprehensive and coordinated state-of-the-art programs of vocational
rehabilitation;
`(2) independent living centers and services;
`(3) research;
`(4) training;
`(5) demonstration projects; and
`(6) the guarantee of equal opportunity.
`(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, family member, guardian,
advocate, or 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.'.

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Section 8(a)(1) (29 U.S.C. 707(a)(1))  is amended by striking `and the
Trust Territory of the Pacific Islands' and inserting `the Republic of the
Marshall Islands, the Federated States of Micronesia, and the Republic of
Palau (pending ratification of the Compact of Free Association)'.

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The second sentence of section 10 (29 U.S.C. 709) is amended by striking
`rehabilitation facilities' and inserting `community rehabilitation
programs'.

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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,'.

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(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 specified for level V of
the Executive Schedule under section 5316'.

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(a) IN GENERAL- The Act is amended by adding after section 18 (29 U.S.C. 717)
the following new section:
`SEC. 19. CARRYOVER.
`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,
part C of title VI, or part B, C, or D 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) 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.'.

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(a) IN GENERAL- The Act is amended by adding after section 19 (as added
by section 107(a)) the following new section:
`SEC. 20. CLIENT ASSISTANCE INFORMATION.
`All programs, including community rehabilitation programs, and projects,
that provide services to individuals with disabilities under this Act shall
advise such individuals or their parents, guardians, or legal representatives
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 107(b)) the following:
`Sec. 20. Client assistance information.'.
Subtitle B--Vocational Rehabilitation Services

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(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;
`(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 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 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 facilitate the
accomplishment of the employment goals and objectives of an individual.
`(F) Individuals with disabilities and their advocates are full partners
in the vocational rehabilitation program and must be involved on a regular
basis and in a meaningful manner with respect to policy development and
implementation.
`(G) Accountability measures must facilitate and not impede the
accomplishment of the goals and objectives of the program, including
providing vocational rehabilitation services to, among others, individuals
with the most severe disabilities.'.
(b) REAUTHORIZATION- Section 100 is amended--
(1) by amending subsection (b) to read as follows:
`(b)(1) For the purpose of making grants to States under part B of this
title (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 part 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 out
`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. Policy.'.

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(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) is amended--
(1) by striking `and' at the end of clause (i); and
(2) by inserting before the semicolon at the end the following: `, (iii)
in the case of American Samoa, the appropriate State agency shall be the
Governor of American Samoa, and (iv) in the case of each of the Republic of
the Marshall Islands, the Federated States of Micronesia, and the Republic
of Palau (pending ratification of the Compact of Free Association), the
appropriate State agency shall be the head of government of the entity'.
(c) PLANS; POLICIES; METHODS- Section 101(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) by inserting before `and shall be consistent' the following: `in
accordance with criteria established by the State,'; and
(2) by striking subparagraph (C) and inserting the following:
`(C) describe--
`(i) how rehabilitation technology services will be provided at each stage
of the rehabilitation process;
`(ii) how 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) FACILITIES COMPLIANCE- Section 101(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) is amended by striking paragraph (7) and
inserting the following:
`(7)(A) provide for a comprehensive system of personnel development for
professionals and paraprofessionals employed by the State agency, which
system shall include--
`(i) the development, updating, and implementation of a plan that will
address current and projected personnel needs of the State agency and that
will coordinate and facilitate efforts to recruit, prepare, and retain
qualified personnel; and
`(ii) a description of the procedures and activities the State will undertake
to ensure that all personnel needed by the State agency to carry out this
part are appropriately and adequately prepared, including--
`(I) training regarding responsibilities established by the Rehabilitation
Act Amendments of 1992;
`(II) surveys to determine training needs;
`(III) a system for the continuing education of personnel; and
`(IV) procedures for acquiring and disseminating to personnel significant
knowledge derived from research and other sources;
`(B) set forth policies and procedures relating to the establishment and
maintenance of standards to ensure that personnel needed by 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 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, to the maximum
extent feasible, trained to communicate in the native language or mode of
communication of the client;'.
(f) AVAILABILITY OF COMPARABLE SERVICES- Section 101(a)(8) is amended by
striking `except that' and all that follows and inserting `except that
such determinations shall not be required--
`(A) if the determinations 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) 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 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) INTERAGENCY COOPERATION- Section 101(a)(11) is amended--
(1) by striking `(11) provide for entering into cooperative agreements'
and inserting `(11)(A) provide for interagency cooperation';
(2) in subparagraph (A), as designated by paragraph (1) of this subsection--
(A) by striking `and' after `Individuals with Disabilities Education
Act,'; and
(B) by adding after `the Carl D. Perkins Vocational Education Act' the
following: `, 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'; and
(3) by adding at the end the following:
`(B) in providing for interagency cooperation under subparagraph (A),
to 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
(particularly definitions, standards for eligibility, the joint sharing and
use of evaluations and assessments, and procedures for making referrals)
among the agencies;
`(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;'.
(i) COMMUNITY REHABILITATION PROGRAMS- Section 101(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'.
(j) CONTINUING STATEWIDE STUDIES- Section 101(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)(B), as so designated by paragraph (1), 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,'.
(k) REVIEW AND EFFORTS- Section 101(a)(16) is amended to read as follows:
`(16) provide for--
`(A) annual review and reevaluation (including input by the individual
with a disability, or by the family of the individual if the individual
with a disability requests, desires, or needs assistance) of the status
of individuals with disabilities placed in extended employment settings in
community rehabilitation programs (including workshops) 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 such individuals for
their employment, or training for competitive employment, in integrated
settings in the labor market; and
`(B) maximum efforts, including the provision of vocational rehabilitation
services, designed to promote movement from extended employment to integrated
employment (including supported employment);'.
(l) CONSTRUCTION- Section 101(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'.
(m) VIEWS CONSIDERED- Section 101(a)(18) is amended by inserting `the
Director of the client assistance program under section 112,' after `field
of vocational rehabilitation,'.
(n) STRATEGIC PLAN- Section 101(a)(19) is amended by inserting before the
semicolon the following: `, and for developing and updating the strategic
plan required under part C'.
(o) PUBLIC COMMENT- Section 101(a)(23)(A) is amended by inserting after
`comment on the State plan' the following: `before development of the plan
by the State'.
(p) GOALS AND PUBLIC EDUCATION- Section 101(a)(24) is amended to read
as follows:
`(24) contain plans, policies, and methods to be followed (including
entering into a formal interagency cooperative agreement, in accordance
with paragraph (11)(B)(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 long-term
rehabilitation goals and intermediate rehabilitation objectives and goals
and objectives related to independent living before a student leaves a
school setting, to the extent such goals and objectives 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; and
`(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)(3) to an individual, consistent with
the individualized written rehabilitation program of the individual; and'.
(q) ADDITIONAL STATE PLAN REQUIREMENTS- Section 101(a) is amended--
(1) by striking `and' at the end of paragraph (24);
(2) by striking the period at the end of paragraph (25) and inserting a
semicolon; and
(3) by adding at the end the following:
`(26) provide for coordination and working relationships with the Statewide
Independent Living Council established under section 704 and independent
living centers within the State;
`(27) provide satisfactory assurances to the Commissioner that the State
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;
`(28)(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;
`(29) describe how the State is taking steps to work with disability
organizations, business, industry, and labor to expand employment
opportunities for individuals with disabilities, including--
`(A) furnishing training and technical assistance with respect to changes
made to the Act by the Rehabilitation Act Amendments of 1992; and
`(B)(i) furnishing training and technical assistance with respect to methods
for complying with sections 503 and 504 of this Act and with title I of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); or
`(ii) otherwise ensuring equal opportunity for applicants and employees
who are individuals with disabilities (regardless of whether an applicant
or employee has applied for or is receiving vocational rehabilitation
services under this Act); and
`(30) 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 State agency to such advice and recommendations (including explanations
with respect to advice and recommendations that were rejected); and
`(iv) the designated State unit transmits to the Council--
`(I) all plans, reports, and other information required 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; or
`(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 101(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 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.'.
(r) TECHNICAL AMENDMENT- Section 101 is amended by striking subsections
(c) and (d).

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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--
`(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 available 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 preliminary 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 with a disability
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 with a disability 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)(ii).
`(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)
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 designated 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,
family member, guardian, advocate, or 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-range rehabilitation goals based on
the assessment of rehabilitation needs for the individual;
`(iii) include a statement of the intermediate rehabilitation objectives
related to the attainment of such goals, determined through an assessment of
rehabilitation needs 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; and
`(II) if appropriate, include a statement of the specific rehabilitation
technology services to be provided to assist in the implementation
of intermediate objectives and long-term rehabilitation goals for 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;
`(viii) include the terms and conditions under which goods and services
described above will be provided to the individual;
`(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, family member, guardian,
advocate, or 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); and
`(xiii) provide a description of the availability of a client assistance
program established pursuant to section 112.
`(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, family
member, guardian, advocate, or authorized representative.'; 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.'.
(c) TECHNICAL AMENDMENT- Section 102(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 paragraph
(22)'.
(d) SELECTION OF IMPARTIAL HEARING OFFICER- Section 102(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, either on a random basis or by agreement between the director of the
designated State unit and the individual with a disability, 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 (D) through
(H) of section 105(b)(1);
`(II) the commission described in subparagraph (B) or (C)(i) of section
101(a)(30); or
`(III) the commissions described in section 101(a)(30)(C)(ii).';
(2) in paragraph (3) by striking subparagraph (C) and inserting the
following:
`(C)(i) The Director may not overturn or modify a decision of an impartial
hearing officer, or part of such a decision, that supports the position
of the individual unless the Director concludes, based on clear and
convincing evidence, that the decision of the independent hearing officer
is clearly erroneous on the basis of being contrary to Federal or State law,
including policy.
`(ii) A final decision shall be made in writing by the Director 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, 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 program, unless such services have been obtained
through misrepresentation, fraud, collusion, or criminal conduct on the
part of the individual with a disability.'.

0df81e80344f784aed9b1d812053861dba2c42edaa698a7791b7bbf03874ff9e

(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, if appropriate, an assessment by
personnel skilled in rehabilitation technology;';
(2) in paragraph (2)--
(A) by striking `referral,'; and
(B) by striking `, and other services' and all that follows through `under
this Act';
(3) in paragraph (3)--
(A) by striking `and services' and inserting `such services'; and
(B) by striking `: Provided, That' and inserting `, except that';
(4) in paragraph (5), by striking `, not exceeding the estimated cost of
subsistence, during rehabilitation' and inserting `for additional costs
incurred while participating in rehabilitation';
(5) by striking `and' at the end of paragraph (11);
(6) in paragraph (12), by striking `engineering services.' and inserting
`technology services;'; and
(7) 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 101(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 intermediate rehabilitation objectives;
`(15) on-the-job or other related personal assistance services provided
to assist an individual in performing work-related functions necessary to
obtain and retain competitive work in an integrated work setting and to
fulfill the functions of a job while the individual is actively involved
in a rehabilitation program that includes the provision of other services
authorized under this section; and
`(16) supported employment services.'.
(b) ADDITIONAL VOCATIONAL REHABILITATION SERVICES- Section 103(b)(2)
is amended by striking `the construction' and all that follows through
`rehabilitation facilities)' and inserting `the establishment, development,
or improvement of community rehabilitation programs, including, under special
circumstances, the construction of a facility, and the provision of other
services (including services offered at community rehabilitation programs)'.

8a71bd5450b74ad975a2a793f9267e50a3d5b98d2d9ba04fe48bf0c4fe8dde10

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'.

463b9ea63e9a35016a22830b4175a1adf5aae347b52e2fb1f233e5732877fac7

(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)(30) 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 101(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 704, 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));
`(C) at least one representative of the client assistance program established
under section 112;
`(D) at least one vocational rehabilitation counselor, who shall not be
employed by the designated State unit, with knowledge of and experience
with vocational rehabilitation programs;
`(E) at least one representative of community rehabilitation program
providers;
`(F) at least one representative of business and industry;
`(G) at least one representative of labor;
`(H) representatives of disability advocacy groups representing a cross
section of--
`(i) individuals with physical, cognitive, sensory, and mental disabilities;
and
`(ii) parents, guardians, advocates, or authorized representatives of
individuals with disabilities who have difficulty in representing themselves
or are unable due to their disabilities to represent themselves; and
`(I) 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- The Council shall select a chairperson from among the
membership of the Council.
`(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.
`(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 in 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 available, 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 Governor 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 704, the advisory panel
established under section 613(a)(12) of the Individuals with Disabilities
Education Act (20 U.S.C. 1413(a)(12)), the State Planning Council described
in section 124 of the Developmental Disabilities Assistance and Bill of
Rights Act (42 U.S.C. 6024), and the State mental health planning council
established under section 1916(e) of the Public Health Service Act (42
U.S.C. 300x-4(e)); and
`(6) 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.
`(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), 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 comparable 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.'.

4887d99b67961260d5acb54a52b9859b5938457c0e8f2589549ce760327c4f70

(a) AMENDMENT- Part A of title I (29 U.S.C. 720 et seq.), as amended by
section 116(a), is further amended by adding at the end the following:
`SEC. 106. EVALUATION STANDARDS AND PERFORMANCE INDICATORS.
`(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 services, and other interested
parties. The Commissioner shall publish in the Federal Register 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 subsections (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.
`(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 116(b)) the following:
`Sec. 106. Evaluation standards and performance indicators.'.

04648677830cb34718ec10e2c5134cd7946078fb620368f2d2e3f40b14b408cf

(a) AMENDMENT- Part A of title I (29 U.S.C. 720 et seq.), as amended by
sections 116(a) and 117(a), is further amended by adding at the end the
following:
`SEC. 107. 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;
`(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;
`(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;
`(B) the provision of services, including, if applicable, the order of
selection;
`(C) whether the personnel evaluation system described in section 101(a)(28)
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 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, after reasonable notice
and opportunity for 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
limit payments to projects under those parts of the State plan in which
there is no such failure).
`(3) DISBURSAL OF WITHHELD FUNDS- The Commissioner may, in accordance with
regulations the Secretary shall prescribe, disburse any funds withheld
from a State under paragraph (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.
`(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
notice of such final determination was received by the State. The clerk of
the court shall transmit a copy of the petition to the Commissioner or to
any 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 paragraph (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'.
(2) The table of contents relating to the Act is amended by inserting after
the item relating to section 106 (as added by section 117(b)) the following:
`Sec. 107. Monitoring and review.'.

df0554155f63434a01bf236ebf1222657244de3a81a643703f5634f1996f0ea4

(a) TERRITORIES- Section 110(a)(3) (29 U.S.C. 730(a)(3)) is amended by
striking `and the Trust Territory of the Pacific Islands' and inserting
`the Republic of the Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau'.
(b) REALLOTMENT- Section 110(c) is amended by adding at the end the
following:
`(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 that
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.'.

6cc2bec342602443e6637ff4b629aa8b13ad7df63621269bb99645aea0cb9fce

Section 111(a) (29 U.S.C. 731(a)) is amended--
(1) in paragraph (1), by striking out `(including any additional payment
to it under section 110(b))';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking out `(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) 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 except
that 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 prescribed
by the Commissioner designed to achieve as nearly as practicable results
comparable to the results obtained under such subsection.'.

8aa0422109eac1e95dc791603c0dba59b0a08600ae17a1682313c2240623df39

(a) DIRECTLY RELATED SERVICES- Section 112(a) (29 U.S.C. 732(a))  is
amended--
(1) in the first sentence--
(A) by inserting `and provide advocacy on behalf of' after `to assist'; and
(B) by inserting `and advocacy' after `including assistance'; and
(2) 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) 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 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)(1) is amended--
(1) in subparagraph (B), by striking `and the Trust Territory of the
Pacific Islands' and inserting `the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau (pending
ratification of the Compact of Free Association)';
(2) in subparagraph (C), by striking `and the Trust Territory of the
Pacific Islands' and inserting `the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau'; and
(3) in subparagraph (D)(ii)--
(A) by striking `subsection (c)' and inserting `clause (i)'; and
(B) by striking `by more than the percentage increase in the Consumer
Price Index published monthly by the Bureau of Labor Statistics'.
(d) EVALUATION- Section 112 is amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
(e) AUTHORIZATION OF APPROPRIATIONS- Section 112(h) (as so redesignated
by subsection (d)(2) of this section) is amended 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.'.

c37a94f67772c72aac1fb851864cada20407cee794adde1c7d9bc46aa194f055

(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. 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. 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 and cooperation, that build
upon state-of-the-art practices and research findings and that implement
the State plan and the supplement to the State plan submitted under part
C of title VI;
`(4) a description of the specific programs, projects, and activities
funded under this part and how the programs, projects, and activities
accomplish the objectives; and
`(5) specific criteria for determining whether the objectives have been
achieved, an assurance that the State will conduct an annual evaluation to
determine the extent to which the objectives have been achieved, and, if
specific objectives have not been achieved, the reasons that the objectives
have not been achieved and a description of alternative approaches that
will be taken.
`SEC. 122. PROCESS FOR DEVELOPING STRATEGIC PLANS.
`(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 704.
`(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.
`A State may use funds made available under this part, directly or by grant,
contract, or other arrangement, to carry out--
`(1) 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;
`(2)(A) programs, projects, and activities designed to initiate, expand,
and improve vocational rehabilitation services for individuals with the most
severe disabilities (including increasing the availability of integrated,
community-based service options and job opportunities through the redesign
of existing service options);
`(B) special programs to initiate, expand, or improve services to classes
of individuals with disabilities who have unusual or complex rehabilitation
needs; and
`(C) programs that maximize the use of rehabilitation technology, including,
if appropriate, the evaluation and adaptation to the workplace or training
program;
`(3) 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, consumers, 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;
`(4) 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;
`(5) support the initiation, expansion, and improvement of a comprehensive
system of personnel development;
`(6) support the provision of training and technical assistance to consumers,
business, industry, labor, community rehabilitation programs, and others
regarding the implementation of the amendments made by Rehabilitation
Act Amendments of 1992, of title V of this Act, and of the Americans with
Disabilities Act of 1990; and
`(7) support the funding of the State Rehabilitation Advisory Council and
the Statewide Independent Living Council established under section 704.
`SEC. 124. ALLOTMENTS AMONG STATES.
`(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, 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 1 percent of the sums made available
for the fiscal year for which the allotment is made, whichever is greater,
and the allotment of any State under this section for any fiscal year
that is less than $200,000 or one-third of 1 percent of such sums shall
be increased to the greater of the two amounts.
`(2) OTHER JURISDICTIONS- For the purposes of this subsection, Guam, American
Samoa, the Virgin Islands, the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and the Republic
of Palau shall not be considered to be States. Each jurisdiction described
in the preceding sentence shall be allotted not less than one-eighth of
1 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 shall receive such one-eighth of 1 percent pending ratification of
the Compact of Free Association.
`(3) ADJUSTMENT- In any case in which the total amount appropriated to carry
out this part for a fiscal year 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 published
by the Secretary of Labor under section 100(c)(1), the Secretary shall
increase each of the minimum allotments under paragraph (1)(B) and under
paragraph (2) by an amount that bears the same ratio to the amount of such
minimum allotment (including any increases in such minimum allotment under
this paragraph for prior fiscal years) as the amount that is equal to the
difference between--
`(A) the total amount appropriated to carry out this part for the fiscal
year for which the increase in minimum allotment is being made, minus
`(B) the total amount appropriated to carry out this part for the immediately
preceding fiscal year,
bears to the total amount appropriated to carry out this part for such
preceding fiscal year.
`(b) PROPORTIONAL REDUCTION- Amounts necessary to increase the allotments
of States under subsection (a)(1)(B) as increased under subsection
(a)(3), or to provide allotments under subsection (a)(2) as increased in
accordance with subsection (a)(3), shall be derived by proportionately
reducing the 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 $200,000 or one-third of 1 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 utilized by
such State in carrying out the purposes of this title, the Commissioner
shall make such amount available for carrying out the purposes of this
section 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 purposes. 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 State's allotment (as determined under
the preceding provisions of this section) for such year.'.
(b) TECHNICAL AMENDMENT- The table of contents relating to the Act is
amended by striking the items relating to part C of title I and inserting
the following:
`Part C--Innovation and Expansion Grants
`Sec. 120. State eligibility.
`Sec. 121. Contents of strategic plans.
`Sec. 122. Process for developing strategic plans.
`Sec. 123. Use of funds.
`Sec. 124. Allotments among States.'.

a3dca01ba005aaf51d526f0c61f2afdc21fb2401bc8c645e11e55f4130caaea2

(a) REPEAL- Part D of title I is amended by repealing section 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.

39e08f6dda55c6837e76c841d67b51c277cc43874172523db2a39e406bfc3427

(a) REVIEW- The Commissioner of the Rehabilitation Services Administration
shall undertake a comprehensive review of the current system for collecting
and reporting client data under the Rehabilitation Act of 1973, particularly
data on clients of the programs under title I of the Rehabilitation Act
of 1973.
(b) CONSIDERATIONS- 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.
(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 rehabilitation
services, professionals in the field of vocational rehabilitation, consumers
and organizations representing consumers, National Council on Disability,
other Federal agencies, non-Federal researchers, other analysts using the
data, and other members of the public.
(e) SUBMISSION OF REPORT- The Commissioner shall 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.

37eab87ac3ca7d8637fe2a09fe3e891461af5ca2ff902abd2438e67c2a17cca9

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, and the Social Security Administration,
from its Summary Earnings and Records and Master Beneficiary Records. For
purposes of the exchange, the Social Security data shall not be considered
tax information and, as appropriate, the confidentiality of all client
information shall be maintained by both agencies.

034ce84a1d475ca6b702ee88d6175e6868c649aaf4bddc27ace16893359a344e

(a) ORDER OF SELECTION- The Secretary of Education shall promulgate
regulations regarding the requirements for the implementation of an order of
selection for vocational rehabilitation services under section 101(a)(5)(A)
of the Rehabilitation Act of 1973 if such services cannot be provided to
all eligible individuals with disabilities who apply for such services.
(b) QUALITY OF SERVICES-
(1) IN GENERAL- The Secretary of Education shall promulgate regulations
establishing criteria pertaining to the selection of vocational
rehabilitation services under section 102, and the procurement of such
services directly by an individual with a disability consistent with
section 102 of the Rehabilitation Act of 1973.
(2) PROCEDURES- The regulations shall specify--
(A) procedures that States must adopt to ensure that the services are
of sufficient scope and quality and that the costs of such services are
reasonable; and
(B) procedures that prevent fraud, waste, and abuse with respect to the
provision of such services.

c8f9b5d3f495c913911cbd3faa50c15ccff0052360cab913c11a0c072eed6246

Any State that uses, during fiscal year 1992, program income from Social
Security reimbursement payments generated under the State vocational
rehabilitation services program under title I of the Rehabilitation Act
of 1973 or the State supported employment services program under part C
of title VI of such Act to support allowable expenditures under any other
rehabilitation program under such Act may continue such use until October
1, 1994.

0b8049eeac66289a097d6887092fe582be1b77cbf7bc2d5c4be3a3508e63f6c0

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 support, 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) ensure the widespread distribution of practical information generated
by research, demonstration projects, training, and related activities in
usable formats regarding state-of-the-art practices, improvements in the
services authorized under this Act, and new knowledge regarding disabilities
to rehabilitation professionals, individuals with disabilities, and other
interested parties; and
`(4) promote the transfer and utilization of rehabilitation technology to
individuals with disabilities in order to enable such individuals to live
more independently.'.

cb6946352a39e08c9385d6c6ef454e41ca68fcdc09f025e0f87f2603ee22ff9a

TITLE II

-RESEARCH

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
(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.'.

e90058a74e1d1d059c1b7985a4b6602fb43b9d788df1949f656e211396b8166a

(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) 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 their families;';
(2) in paragraph (4)--
(A) by adding `widely' before `disseminating'; and
(B) by striking `and to public' and all that follows and inserting the
following: `to public and private entities, rehabilitation practitioners,
and individuals with disabilities and their families, 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;';
(3) in paragraph (6), by striking `concerning' and all that follows and
inserting the following `, 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) by striking paragraph (7) and inserting the following:
`(7) preparing and submitting to the President and the appropriate committees
of Congress an annual report on the implementation and conduct of programs
and activities carried out under this title, including--
`(A) information on specific advances and developments produced by such
programs and activities and the specific impact of the programs and
activities on--
`(i) vocational rehabilitation services for individuals with disabilities;
and
`(ii) the quality of life of individuals with disabilities;
`(B) a description of the manner in which such information was disseminated;
and';
(5) in paragraph (8)--
(A) by inserting `the Health Care Financing Administration,' after `the
Bureau of the Census';
(B) by inserting `widely' before `disseminating'; and
(C) by inserting `, individuals with disabilities and their families,'
after `rehabilitation professionals'; and
(6) by adding at the end the following new paragraph:
`(9) coordinating with the Attorney General regarding the provision of
information, training, or technical assistance regarding the Americans with
Disabilities Act of 1990 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) is amended by striking the fourth sentence.
(2) QUALIFICATIONS- Section 202(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 `a rate that does not exceed the rate
specified for level V of the Executive Schedule under section 5316'; 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) in the last sentence, by striking `in grade GS-17' and inserting
`above grade GS-15'.
(d) FELLOWSHIPS- Section 202(d) is amended by inserting `, including
individuals with disabilities,' after `fellows'.
(e) SCIENTIFIC REVIEW- Section 202(e) is amended--
(1) by inserting `(1)' after `(e)';
(2) by striking `within' and inserting `by'; and
(3) by striking the period at the end and inserting the following:
`competent to review research grants and programs, including knowledgeable
individuals with disabilities and family members of individuals with
disabilities. Individuals comprising such peer review groups shall be
selected from a pool of qualified individuals to facilitate knowledgeable,
cost-effective review.
`(2) In providing such scientific review, the Secretary shall provide
for training of such individuals and mechanisms to receive input from
individuals with disabilities and their representatives.'.
(f) USE OF FUNDS- Section 202 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) 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 into society of
individuals with disabilities, especially in the area of employment;';
(3) by striking `and' at the end of paragraph (2);
(4) by striking the period at the end of paragraph (3) and inserting `;
and'; and
(5) by adding at the end the following new paragraphs:
`(4) be developed in consultation with the Rehabilitation Research Advisory
Council established under section 205 and after full consideration of the
input of individuals with disabilities and their families, 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
practical, usable formats to rehabilitation practitioners, individuals
with disabilities, including individuals with disabilities who are from
diverse ethnic and cultural backgrounds, or from populations unserved, or
underserved, by programs under this Act, and the families of the individuals;
`(6) 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, the Interagency Committee established under section 203,
individuals with disabilities and their families, and any other persons
or entities the Director considers appropriate; and
`(7) 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) is amended by striking `this section'
and inserting `this title'.
(i) PEDIATRIC REHABILITATION RESEARCH- Section 202(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) is amended by striking
`researchers' and all that follows and inserting the following:
`rehabilitation researchers, including individuals with disabilities, with
particular attention to areas of research that improve the effectiveness
of services authorized under this Act.'.
(k) RECOMMENDATIONS AND STUDY- Section 202 is amended by striking subsections
(l) and (m).

a96ccccdb24de3bd5ff772d93a9ba1347db58d8e6514ed04c3fa5ff611c36a45

(a) ESTABLISHMENT- Section 203(a)(1) (29 U.S.C. 761b(a)(1)) 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) is amended
by striking `The' and inserting `After receiving input from individuals
with disabilities and their families, the'.
(c) REPORT- Section 203(c) is amended by striking `, not later than'
and all that follows through `shall' and inserting `shall annually'.

7cea500a7e3ab74774ccbbfdf0078099d74451806f3929b456ef359d8a093cf2

(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,
and VII of this Act.'; and
(2) in the last sentence--
(A) by striking `special problems of homebound and institutionalized
individuals' and inserting `studies and analysis of special problems of
individuals who are homebound and individuals who are institutionalized'; and
(B) by striking the period at the end and inserting the following: `,
particularly individuals with disabilities, and individuals with the
most severe disabilities, who are from populations that are unserved,
or underserved, by programs under this Act.'.
(b) RESEARCH ACTIVITIES- Section 204(b) is amended--
(1) by redesignating paragraphs (4) through (15) 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 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 to be operated in collaboration
with institutions of higher education or providers of rehabilitation
services or other appropriate services, to serve as centers of national
excellence and national or regional resources for providers and individuals
with disabilities and their families.
`(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, pre-service, and in-service
training) to assist individuals to more effectively provide rehabilitation
services; and
`(iii) providing training (including graduate, pre-service, and in-service
training) for rehabilitation research personnel and other rehabilitation
personnel.
`(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 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 and
enable individuals with 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.
`(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) To be eligible to receive a grant under this paragraph, each such
institution or provider shall--
`(i) be of sufficient size, scope and quality as to effectively carry out
the activities in an efficient manner consistent with appropriate State
and Federal law; and
`(ii) have the ability to carry out the training activities either directly
or through another entity that can provide such training.
`(K) 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.
`(L) 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.
`(M) 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 their families.
`(N) 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 Technology Research and Resource Centers operated by or in
collaboration with institutions of higher education or nonprofit private
organizations to conduct research, demonstration projects, 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 employment, rehabilitation, education, transportation, communication,
access to information, recreation, and other aspects of independent living.
`(B) In order to carry out the purposes set forth in subparagraph (A),
such a Center shall carry out research and demonstration activities by--
`(i) planning and conducting research and development activities designed to
produce new scientific knowledge, to identify new or emerging technologies,
to develop or improve the design of rehabilitation technologies, to improve
the design and usability of mass market products and environments, or to
document the utilization, effectiveness, and benefits of such technologies,
products, or environments; or
`(ii) facilitating service delivery systems change, by documenting,
evaluating, and disseminating innovative, cost-effective service delivery
models that--
`(I) are consumer responsive and individual and family centered; and
`(II) promote prompt utilization of a wide range of rehabilitation
technologies, with special attention to service delivery to individuals
with severe disabilities and service delivery in rural and urban areas.
`(C) To the extent consistent with the nature and type of research or
demonstration activities provided under subparagraph (B), such Centers
shall--
`(i) assist, train, and provide information to individuals with disabilities
and their families 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 available, including financing options
and entitlements available at the national, State, and local levels; and
`(ii) train individuals, including individuals with disabilities, to
become researchers of rehabilitation technology and practitioners of
rehabilitation technology.
`(D) Areas of focus for the activities conducted by a Center shall include--
`(i)  a life area consisting of--
`(I) early childhood life, 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 and title V; or
`(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; or
`(ii) a functional area, including an area such as seating and positioning,
mobility, computer and information system access and use, augmentative
communication, or alternative communication.
`(E) Each Center shall--
`(i) have an advisory committee--
`(I) of which the majority of members are individuals with disabilities
who are users of, or parents, family members, guardians, advocates, or
authorized representatives of users of, rehabilitation technology; and
`(II) the full membership of which shall be broadly representative of
individuals and groups having an interest in rehabilitation technology,
from various perspectives, including providers, manufacturers, funders,
and practitioners, and members of minority groups;
`(ii)(I) demonstrate effective working relationships with the State agencies
and other local, State, regional, and national programs and organizations
developing or delivering rehabilitation technology, including State
programs funded under the Technology-Related Assistance for Individuals
with Disabilities Act;
`(II) respond to needs of all individuals with disabilities who may benefit
from the application of technology in a particular life or functional area
that is the designated focus of the activities of the Center;
`(III) coordinate efforts, encourage planning and collaboration, and promote
the interchange of data, reports, and other information, among the agencies,
programs and organizations; and
`(IV) prepare and submit to the Director as part of an application for
continuation of a grant, or as a final report, an annual report that
documents the impact and outcomes of the program, including efforts to
enhance the inclusion of individuals with disabilities in work, school,
home, and other natural environments.
`(F) The Director shall make grants under this paragraph for 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.
`(G) 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.
`(4)(A) Research grants may be used as grants to States and to public or
nonprofit agencies and organizations, including institutions of higher
education, to pay for part or all of the costs of conducting a program
for spinal cord injury research, including the costs of special projects
and demonstrations related to spinal cord injuries that will--
`(i) ensure dissemination of research findings among all spinal cord
injury centers;
`(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 project or demonstration 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, or 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 barriers
faced by individuals with spinal cord injuries 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),
by striking `Conduct' the first place in each such paragraph that the term
appears and inserting `Research grants may be used to conduct'; and
(4) in paragraph (9), as so redesignated by paragraph (1), 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 program 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.'.
(c) SIZE OF GRANT- Section 204(d)(2) is amended by striking the period at
the end and inserting the following: `, or the Director makes a determination
that there is sufficient information to make an award without a site visit.'.
(d) CONFORMING AMENDMENT- Section 7303(b) of title 38, United States Code,
is amended by striking `section 204(b)(2)' and all that follows through
`(relating to Rehabilitation Engineering' and inserting `section 204(b)(3)
or 804(b) of the Rehabilitation Act of 1973 (relating to Rehabilitation
Technology'.

3112a5febc33eccc5fca44f4fba4d8f8005bc5efabc34ae72b82d0895b49bc1f

(a) COUNCIL- Title II is amended by adding at the end the following new
section:
`SEC. 205. REHABILITATION RESEARCH ADVISORY COUNCIL.
`(a) ESTABLISHMENT- 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, and the community of individuals
with disabilities and their families. At least one-half of the members
shall be individuals with disabilities or members of their families.
`(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) COMPENSATION AND EXPENSES-
`(1) COMPENSATION- Each member of the Council who is not an employee of
the Federal Government may receive compensation, which shall not exceed
the daily equivalent of the rate specified for level V of the Executive
Schedule under section 5316 of title 5, United States Code, for each
day the member is engaged in the performance of duties for the Council,
including attendance at meetings and conferences of the Council, and travel
to conduct the duties of the Council.
`(2) TRAVEL EXPENSES- Each member of the Council shall receive travel
expenses, including per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, 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 Committee 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.'.

0bf29cefbe86c8866bda2d4e37da9a17999be32df1bbed631d36f4f33c71bfe9

(a) PURPOSE- Section 300 (29 U.S.C. 770) is amended--
(1) by redesignating paragraphs (1) through (4) as paragraphs (4), (3),
(2), and (5), respectively;
(2) by inserting paragraphs (2) and (3) (as so redesignated by paragraph (1)
of this subsection), respectively, before paragraph (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, their
parents, families, guardians, advocates, or authorized representatives, 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 `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 et
seq.) as sections 301, 303, 304, and 302, respectively; and
(4) by inserting section 302 (as so redesignated by paragraph (3)) after
section 301.
(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 the individuals who are blind.
`Sec. 315. Interpreter services for the individuals who are deaf.
`Sec. 316. Special recreational programs.
`Sec. 317. Independent living services for older individuals who are blind.'.

bd4992f41ac546d2f0fb1c64437d46bcb3f7e0813aef6f40c3317193ad9fbe8e

(a) TRAINING GRANTS- Section 302(a) (as so redesignated by section 301(b)(3))
is amended--
(1) in the first sentence--
(A) in the matter preceding paragraph (1), 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
(F) by inserting after paragraph (3) the following: `(4) personnel
specifically trained to deliver services, through supported employment
programs, to those individuals with the most severe disabilities, and';
(2) in the second sentence, by striking `give due regard' and all that
follows and inserting `submit to the Commissioner a detailed description of
strategies that will be utilized to recruit and train members of minority
groups and individuals with disabilities.'; and
(3) in the last sentence, by striking `, in addition' and all that follows
and inserting `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 the provisions of
this subsection, the Commissioner shall also furnish training to such
counselors and personnel regarding the applicability of the provisions of
section 504 and of the Americans with Disabilities Act of 1990.'.
(b) PROJECTS- Section 302(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 individuals from populations who
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;
`(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), 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 two 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) GRANTS FOR INTERPRETERS- Section 302(d) is amended--
(1) in paragraph (1)--
(A) by striking `deaf individuals' and inserting `individuals who are deaf
and individuals who are deaf-blind'; and
(B) by striking the second sentence; and
(2) in paragraph (2)--
(A) by striking `deaf individuals' and inserting `individuals who are deaf
and individuals who are deaf-blind';
(B) in subparagraph (C), by adding `and' at the end;
(C) by striking subparagraph (D); and
(D) by redesignating subparagraph (E) as subparagraph (D).
(d) COMPENSATION OF EXPERTS AND CONSULTANTS- Section 302(e) is amended--
(1) in paragraph (1), by striking `rehabilitation facilities' and inserting
`community rehabilitation programs'; and
(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 specified for level V of the Executive Schedule
under section 5316'.
(e) AUTHORIZATION OF APPROPRIATIONS- Section 302(f) is amended--
(1) by inserting `(1)' after `(f)';
(2) in the first sentence of paragraph (1) (as so designated by paragraph
(1)) by striking `$31,000,000' and all that follows and inserting `such
sums as may be necessary for each of fiscal years 1993 through 1997.'; and
(3) by adding at the end the following:
`(2)(A) Subject to subparagraph (B), at least 20 percent of the sums
appropriated to carry out this section shall be allocated to designated State
agencies to be used for projects for inservice 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 on 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 20 percent of the sums described in subparagraph (A)
to designated State agencies for such inservice training.'.

1d9bf09d9b1bb76c1650b473ebad6d6e1cedda94d8d790332f606e11cc6c96b5

(a) AUTHORIZATION OF APPROPRIATIONS- Section 303(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) is amended--
(1) in paragraph (1)--
(A) by striking `training' 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, by striking `and such allowances' and all
that follows and inserting a period; and
(iii) in the sentence beginning `In determining'--
(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)--
(A) in subparagraph (A), by striking `gainful and suitable 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 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 application
approved by the designated State agency to administer the State plan,
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'.

d8065f286f844eb83528d0ed667e78748b51352e0a474b2058be8daeaa4a9c30

Section 304 (as so redesignated by section 301(b)(3)) is amended--
(1) in the title, by striking `REHABILITATION FACILITIES' and `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'.

a362fb63e7ee00e506675d13951fb69d1495e97f35bf653d4687a99bec029372

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.'.

a765ae0ba2a9a1cdd553661f9ca827f83685df3bbcb4cc051a0ca298e6da38db

Section 306 (29 U.S.C. 776) is amended--
(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'.

fa0ab5fb75b0df04b1a6ca65e5ed11bc2bcccc9e2e097c09e9d5b7fc572dce78

SUPPLEMENTARY SERVICES.
Section 310 (29 U.S.C. 777(a)) is amended--
(1) by striking `(a)' after `310.';
(2) by striking `and 316' and inserting `312, 316, and 317';
(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).

be6f50164b26e3990bcc847af454c40d0c2fa256c499b1564f609c94e60e9ebe

(a) ESTABLISHMENT- Section 311(a) (29 U.S.C. 777a(a)) is amended--
(1) in paragraph (1), by striking `and, where appropriate, constructing
facilities';
(2) in paragraph (3), by striking `and, where appropriate, renovating and
constructing facilities'; and
(3) by striking the last sentence.
(b) PROJECTS TO ACHIEVE HIGH QUALITY PLACEMENTS- Section 311 is amended
by striking subsection (b) and inserting the following:
`(b)(1) The Commissioner may 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 providing appropriate incentives to
vocational rehabilitation counselors to achieve high quality placements
for individuals with severe disabilities.
`(2) The recipient of the grant shall--
`(A) identify exemplary models that can be replicated for achieving such
placements; 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) SPECIAL PROJECTS AND DEMONSTRATIONS PROVIDING SUPPORTED EMPLOYMENT-
Section 311(d) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking `rehabilitation facilities' and
inserting `community rehabilitation programs'; and
(B) in subparagraph (B), by striking `community-based rehabilitation
facilities' and inserting `community rehabilitation programs';
(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(e)
is amended--
(1) by striking paragraphs (3) and (4);
(2) by redesignating paragraph (5) as paragraph (3); and
(3) in paragraph (3) (as so 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.'.

60e6775f4b545e1335b90a80b136344e067b9861afa1f8f2273935f411b72f90

(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 `or to nonprofit agencies working in collaboration with
such State agency,' after `section 101,'.
(b) AUTHORIZATION OF APPROPRIATIONS- Section 312 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.'.

21c24de16b93c5330023e06e559cdd420cae1437dd4f97e74fa2477f79c8b4c6

(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' after `aid in the'; 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 `and that with respect' and all that
follows and inserting a period; 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 Federal share of the costs of the recreation programs shall be
90 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) 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.'.

2a96e0499c3c631b5fa4efdaf81057b5c9758c4455ab2547cdfebe001b24c388

Title III is amended by adding at the end the following new section:
`SEC. 317. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND.
`(a) GRANTS- The Commissioner may make grants to any designated State unit
to provide independent living services and related services designed to
assist older individuals who are blind to adjust to blindness by becoming
more able to care for individual needs.
`(b) USE OF GRANTS-
`(1) REQUIRED SERVICES- A designated State unit shall use funds received
under a grant described in subsection (a) to provide independent living
skills training, information and referral services, peer counseling,
and individual advocacy training.
`(2) ADDITIONAL SERVICES- A designated State unit may use funds received
under a grant described in subsection (a) to provide--
`(A) services to help correct blindness, such as--
`(i) outreach services;
`(ii) visual screening;
`(iii) surgical or therapeutic treatment to prevent, correct, or modify
disabling eye conditions; and
`(iv) hospitalization related to such services to help correct blindness;
`(B) the provision of eyeglasses and other visual aids;
`(C) the provision of services and equipment to assist an older individual
who is blind to become more mobile and more self-sufficient;
`(D) mobility training, Braille instruction, and other services and
equipment to help an older individual who is blind adjust to blindness;
`(E) guide services, reader services, and transportation;
`(F) any other appropriate services designed to assist an older individual
who is blind in coping with daily living activities, including supportive
services or rehabilitation teaching services; and
`(G) other independent living services.
`(c) APPLICATION-
`(1) IN GENERAL- To be eligible to receive a grant under this section,
a designated State unit 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 the information and assurances
described in paragraph (2), and shall obtain approval of the application.
`(2) CONTENTS- An application for a grant under this section shall contain--
`(A) an assurance that the designated State unit 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 State 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 703.
`(d) GRANTS TO AGENCIES OR ORGANIZATIONS- A designated State unit may use
funds received under a grant described in subsection (a) to make grants
to public or nonprofit private agencies or organizations to--
`(1) conduct activities that will improve or expand services for older
individuals who are blind and help improve public understanding of the
problems of such individuals; and
`(2) provide independent living services and related services in accordance
with subsection (b) to older individuals who are blind.
`(e) DEFINITION- For purposes of this section, 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.
`(f) 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.'.

26df4cb134dcbab94eb726aa756859e94d789d0415c5f2f8026313686ad2a5f7

(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.'; and
(C) in the last sentence, by striking `five' and inserting `a majority
of'; 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) 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 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
(2) by striking paragraph (2) and inserting the following:
`(2) 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.'.

862337d1c030767b6e4310e9eedd258983a683899ea6ab9240b5e2544eca00fc

TITLE IV

-NATIONAL COUNCIL ON DISABILITY

(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
administration 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) in paragraph (4)--
(A) in subparagraph (A), by striking `all policies, programs, 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 inserting `practices, procedures,'.
(3) in paragraph (5), 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);';
(4) in paragraph (6)--
(A) by inserting `with respect to the duties described in paragraphs (1)
through (5) and in paragraph (9),' after `(6)';
(B) by striking `and' after `the Secretary,'; and
(C) by striking `respecting ways' and all that follows and inserting
`and other officials of Federal executive agencies, respecting ways to
better promote the policies set forth in subparagraphs (A) and (B) of
section 400(a)(2);';
(5) in paragraph (7), by striking `(A)' and all that follows and inserting
`a summary of the activities and accomplishments of the Council;';
(6) in paragraph (8), by striking the period and inserting `; and'; and
(7) by adding at the end the following:
`(9) 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 is amended by striking subsection (b) and inserting
the following:
`(b)(1) Not later than October 30, 1993, and annually thereafter,
the National Council shall prepare and submit to the President and the
appropriate committees of Congress, a report entitled `National Disability
Policy: A Progress Report'.
`(2) The report shall present, as appropriate, available data on health,
housing, employment, insurance, transportation, recreation, training,
prevention, early intervention, and education.
`(3) The report shall assess the status of the Nation in achieving the
policies set forth in subparagraphs (A) and (B) of section 400(a)(1), with
particular focus on the new and emerging issues impacting on the lives of
individuals with disabilities. The report shall include recommendations
for policy changes.
`(4) In determining the issues to focus on and the findings, conclusions,
and recommendations to include in the report in accordance with paragraph
(3), 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.'.
(c) 1995 REPORT- The National Council on Disability shall include, in
a report submitted not later than October 30, 1995 in accordance with
section 401(b)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 781(b)(1)),
information and analysis concerning the implementation by the designated
State agencies and the Department of Education of the amendments made by
Rehabilitation Act Amendments of 1992.

74578d5ab82f06c13a3432ec3c28fa4691bf332879e9d492ec4aeae49bcd72d2

Section 402(a) (29 U.S.C. 782(a)) is amended by striking `at a rate equal
to the rate of basic pay payable for grade GS-18 of the General Schedule
under section 5332' and inserting `at the daily equivalent of the rate
specified for level V of the Executive Schedule under section 5316'.

d1a14da70743198471ccc1c20a212d4a10ee3909d0e3efe1783e175a8d1aae86

(a) NUMBER OF POSITIONS- Section 403(a)(2) (29 U.S.C. 783(a)(2)) is amended
by striking `not to exceed seven' and inserting `seven or more'.
(b) RATE OF PAY- Section 403(b)(1) is amended by striking `not to exceed the
daily equivalent of the annual rate of basic pay payable for grade GS-18
of the General Schedule under section 5332' and inserting `not to exceed
the daily equivalent of the rate specified for level V of the Executive
Schedule under section 5316'.

6583231b9960f2bcacf0043225a338450d30d20d1ea2ef2a124d38d6dc0d75d2

Section 405 (29 U.S.C. 785) is amended by striking `1987' and all that
follows and inserting `1993 through 1997'.

46c3bcd8439d769e8dde7150e187059cbb1100029bd8a316ecb6def67fe409e2

(a) TITLE- Title V (29 U.S.C. 790 et seq.) is amended by striking the
title heading and inserting the following:
`TITLE V--ACCESS'.
(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--ACCESS'.

a74533255f1f9f4e22120310d362e77bd4b719cb9db4815f66164675196e143e

(a) REPEAL- Title V (29 U.S.C. 790 et seq.) is amended by 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.

2a29e5798124725b97a2da2115ab87923d428eb0279b448ea0bc1bdd1ed7c5e5

(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-chairpersons or the Director or Chairman shall serve
as sole chairperson, as the Director and Chairman jointly determine,
from time to time, to be appropriate.'.
(b) STANDARDS- Section 501 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 and the provisions of sections
501 through 504, and 510, of the Americans with Disabilities Act of 1990,
as such sections relate to employment.'.

77053f1c7dfa0be5f7423ee1c838e1d7baf1588d9bbcffc7899d9589223799a0

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) of the Act is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking `Twelve' and inserting `Thirteen'; and
(ii) by striking `six' and inserting `at least one-half'; and
(B) in subparagraph (B), by adding at the end 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
specified for level V of the Executive Schedule under section 5316'.
(c) FUNCTION- Section 502(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 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 with 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) 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 legislation and administration as the Access Board determines to be
necessary or desirable to eliminate the barriers described in paragraph
(5) of this subsection; and
`(10) ensure that public conveyances, including rolling stock, are readily
accessible to, and usable by, individuals with physical disabilities.'.
(d) INVESTIGATIONS AND HEARINGS- Section 502(d) is amended--
(1) in the first sentence of paragraph (1)--
(A) by striking `In carrying out its functions under this Act, the
Board shall, directly or through grants to public or private nonprofit
organizations or contracts with private nonprofit or for profit
organizations, carry out its functions under subsections (b) and (c)
of this section, and' and inserting `The Access Board'; and
(B) by striking `insure' and inserting `ensure'; and
(2) by striking paragraph (3).
(e) INTERAGENCY AGREEMENTS- Section 502(f) is amended--
(1) by striking `The departments' and inserting the following:
`(1)(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 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 paragraph (2), as so designated by paragraph (1)--
(A) by striking `subsection' and inserting `paragraph' in the second
sentence; and
(B) in the second sentence--
(i) by striking `Secretary' and inserting `Chairperson'; and
(ii) by striking `the daily pay rate for a person employed as a GS-18 under
section 5332' and inserting `the daily equivalent of the rate specified
for level V of the Executive Schedule under section 5316'.
(f) REPORT- Section 502(g) is amended--
(1) by inserting `(1)' after `(g)';
(2) in paragraph (1), as so designated by paragraph (1) of this subsection--
(A) in the second sentence, by striking `clauses (5) and (6)' and inserting
`paragraphs (7) and (8)'; 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) is amended--
(1) by striking paragraph (1) and all that follows through `(2)' and
inserting `(1)';
(2) in paragraph (1), as so redesignated by paragraph (1) of this subsection,
by striking the second and third sentences; and
(3) by adding at the end the following:
`(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
(2) and (4) of subsection (b). Gifts and bequests of money and proceeds
from sales of other property received as gifts, devises, or bequests shall
be deposited in the Treasury and shall be disbursed upon the order of the
Chairperson. Property accepted pursuant to this section, and the proceeds
thereof, shall be used as nearly as possible in accordance with the terms
of the gifts, devises, or bequests. For purposes of Federal income, estate,
or gift taxes, property accepted under this section shall be considered
to be a gift, devise, or bequest to the United States.
`(B) The Access Board shall issue regulations setting forth 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 the program.'.
(h) AUTHORIZATION OF APPROPRIATIONS- Section 502(i) is amended by striking
`fiscal years 1987 through 1992' and inserting `fiscal years 1993 through
1997'.

528ae9d733c0acc3864fc3f0888f3213b4bdef7f1a1e9891586ea969f56a43b8

(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,'.
(b) WAIVER- Section 503(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 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 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 and the provisions of sections
501 through 504, and 510, of the Americans with Disabilities Act of 1990,
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.'.

fd3fbcfb885d97b35b7103d11c6d339d9b4d67a60ca3b97b6d9764cc3b07c053

Section 504 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 and the provisions of sections 501 through 504, and 510,
of the Americans with Disabilities Act of 1990, as such sections relate
to employment.'.

1fea8baf50dac9295d882fadf802ca30758d657f2fbd7a1d4499df9f33febbd1

(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)(1) is amended by
striking `rehabilitation facilities' and inserting `community rehabilitation
programs'.
(c) COMPENSATION- Section 506(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 specified for level V of the Executive Schedule
under section 5316'.
(d) CONFORMING AMENDMENT- Section 506(c) is amended by striking `502(h)(2)'
and inserting `502(h)(1)'.

8ac84ac1c4c1b581ff23a7dadae63b719d6be8e9473baf3377b0b2a37408caa4

The first sentence of section 507 (29 U.S.C. 794c) is amended by striking
`Chairperson of the Office of Personnel Management' and inserting `Director
of the Office of Personnel Management'.

005210c95bc42805dec84eb001fb4df4d4f31dabf4cca2aed3937e1fa5feea5f

(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 and have access to information and data comparable to the access
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 by striking
the item relating to section 508 and inserting the following:
`Sec. 508. Electronic and information technology accessibility guidelines.'.

a7ee4d8f3dcfa7595d827ca11a4f929d572e550f996310a7bda579b628f795ee

(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)(1)(K)) is amended by striking `attendant care' and inserting
`personal assistance services'.

01a607d109639a6d1bca98e312017b48c11a8a7b01b85214f0ebe830ba74cbee

TITLE VI

-EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES

Section 613(c) (29 U.S.C. 795b(c)) is amended by striking `attendant care'
and inserting `personal assistance services'.

b924f0d9b4bcc8e7bf33177f5fb625396fac56e30d7aa24b103882876c3891c6

Section 616 (29 U.S.C. 795e) is amended--
(1) by striking `; and' at the end of paragraph (2) and inserting a
period; and
(2) by striking paragraph (3).

f5ffb705c6deea701926d11c6ec91d495270eb72a5e2e9187d863578dd3aa744

Section 617 (29 U.S.C. 795f) is amended by striking `1987' and all that
follows and inserting `1993 through 1997.'.

0b83b902581af55694e823ddcd7cd1322d21c276ef4ac4c1df2dcc372b549fc0

(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 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 opportunities and the
skills needed to perform such jobs, to create practical job readiness and
training programs, and to provide job placements.
`(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 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 availability within the community;
`(iii) identify the skills necessary to perform the jobs identified; and
`(iv) prescribe training programs designed to develop job skills appropriate
for the jobs in individuals with disabilities;
`(B) provide individuals with disabilities with training in realistic
work settings in order to prepare the individuals for employment in the
competitive market;
`(C) provide job placement services;
`(D) to the extent appropriate, provide for--
`(i) the development and modification of jobs 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 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 with the grant recipient
regarding the establishment of the project. Any agreement shall be jointly
developed by the Commissioner, the grant recipient, and, to the extent
practicable, the appropriate designated State unit and the individuals with
disabilities (or their representatives) involved. Such agreements shall
specify the terms of training and employment under the project, provide
for the payment by the Commissioner of part of the costs of the project
(in accordance with subsection (c)), and contain the items required under
subsection (b) and such other provisions as the parties to the agreement
consider to be appropriate.
`(5) Any agreement shall include a description of a plan to annually conduct
a review and evaluation of the operation of the project in accordance
with standards developed by the 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 services 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 as the Act relates to employment
of individuals with disabilities.'.
(b) AGREEMENT- Section 621(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 the co-workers; and
`(3) provides an assurance that an annual evaluation report containing
information specified under subsection (a)(5) shall be submitted as
determined to be appropriate by the Commissioner.'.
(c) EVALUATION- Section 621(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 are amended
to read as follows:
`(e)(1)(A) A grant may be awarded under this section for a period of up
to 5 years and such grant may be renewed.
`(B) Grants under this section shall be awarded on a 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)(A) The Commissioner shall to the extent practicable assure an equitable
distribution of payments made under this section among the States. To the
extent funds are available, the Commissioner shall award 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 not currently served or are underserved by projects.
`(B) In making a determination concerning any subsequent grant under
this section, the Commissioner shall consider the past performance of the
applicant, if applicable.
`(3) The Commissioner shall review each annual evaluation report submitted
under subsection (b)(3) and, using indicators described in subsection
(f)(1), make a determination concerning the termination, modification,
or renewal of each grant under this section.
`(f)(1) The Commissioner shall, as necessary, develop and publish in the
Federal Register in final form indicators of what constitutes minimum
compliance consistent with the evaluation standards under subsection (d)(1).
`(2) Each grant recipient shall report to the Commissioner at the end of
each project year the extent to which the grant recipient is in compliance
with the evaluation standards.
`(3)(A) The Commissioner shall annually conduct 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--
`(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) 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 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 relationships 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).
`(4) The term `workers with disabilities' shall mean more than one individual
with a disability who--
`(A) is working in competitive employment; and
`(B) needs new or upgraded skills to--
`(i) improve the employment opportunities of the individual; and
`(ii) adapt to emerging technologies, work methods, and markets.'.

10c89b712141b31c4d416a358792b9d7f5bf0ca6fa7464adc9e4d4daf87b2800

Section 623 (29 U.S.C. 795i) is amended by striking `$16,070,000' and
all that follows and inserting `such sums as may be necessary for each of
fiscal years 1993 through 1997.'.

bd6ea0bc5b2783727809cf7da663ddb94a5a2463ede5bfe1ba8bbdde0326c85c

(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.
`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 those individuals with the most
severe disabilities who require supported employment services to enter or
retain competitive employment.
`SEC. 632. ALLOTMENTS.
`(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 no State shall receive--
`(A) less than $250,000, or one-third of 1 percent of the sums appropriated
for the fiscal year for which the allotment is made, whichever is greater;
and
`(B) for a fiscal year in which the amounts appropriated to carry out
this part exceed by not less than $1,000,000 the appropriations made to
carry out this part in fiscal year 1992, less than $300,000, or one-third
of 1 percent of the sums appropriated for the fiscal year for which the
allotment is made, whichever is greater.
`(2) OTHER JURISDICTIONS-
`(A) DEFINITION- For the purposes of this subsection, the term `State'
does not include Guam, American Samoa, the Virgin Islands, the Republic
of the Marshall Islands, the Federated States of Micronesia, the Republic
of Palau, and the Commonwealth of the Northern Mariana Islands.
`(B) MINIMUM ALLOTMENT- Each of the jurisdictions described in subparagraph
(A) shall be allotted not less than one-eighth of 1 percent of the amounts
appropriated for each such jurisdiction for the fiscal year for which the
allotment is made, except that Palau shall be allotted not less than such
one-eighth for the fiscal year, pending ratification of the Compact of
Free Association.
`(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 to carry 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 for such year.
`SEC. 633. AVAILABILITY OF SERVICES.
`Funds provided under this part may be used to provide supported employment
services to individuals who are eligible under this part. Funds provided
under this part, title I, or subsection (c) or (d) of section 311 may not
be used to provide extended services to individuals who are eligible under
this part or title I.
`SEC. 634. ELIGIBILITY.
`An individual shall be eligible under this part to receive supported
employment services authorized under this Act if--
`(1) the individual is eligible for vocational rehabilitation services;
`(2) the individual is determined to be an individual with the most severe
disabilities; and
`(3) a comprehensive assessment of rehabilitation needs of the individual
provided under section 102(b)(1)(A) identifies supported employment as
the appropriate rehabilitation objective for the individual.
`SEC. 635. STATE PLAN.
`(a) STATE PLAN SUPPLEMENTS- To be eligible for an allotment under this
part, a State shall submit to the Commissioner, as part of the State
plan under section 101, a State plan supplement for providing supported
employment services authorized under this Act to individuals who are
eligible under this Act to receive the services. Each State shall make
such annual revisions in the plan supplement as may be necessary.
`(b) CONTENTS- Each such plan supplement shall--
`(1) designate each agency such State designated under section 101(a)(2)(B)
as the agency to administer the program assisted under this part;
`(2) summarize the results of the  comprehensive, statewide assessment of
the rehabilitation needs of individuals with severe disabilities conducted
under section 101(a)(5), with respect to the need for supported employment
services, including needs related to coordination and use of information
within the State relating to section 618(b)(1)(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 efforts to identify and make arrangements
with other State agencies and other appropriate entities to assist in the
provision of supported employment services;
`(5) demonstrate evidence of efforts to identify and make arrangements
with other public or nonprofit 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 conducted under section 102(b)(1)(A)
and funded under title I of individuals with severe disabilities 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 specified 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. 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. 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 submitted 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. 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.'.

abe3dda08416c7c57faf37f554a59192e6cdea35eb6f6a3ca9cd76ac3404fd31

ebab779e4242b942e6ed9dadd6afd78c19fb08ad7f66bed3c53ee8ffa15efcf6

TITLE VII

-CENTERS FOR INDEPENDENT LIVING AND INDEPENDENT LIVING SERVICES

(a) IN GENERAL- The Act (29 U.S.C. 701 et seq.) is amended by adding at
the end the following:
`TITLE VIII--RESEARCH, TRAINING, AND DEMONSTRATION PROJECTS
`SEC. 801. AUTHORIZATION OF APPROPRIATIONS.
`(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.
`(c) RESEARCH INITIATIVES- There are authorized to be appropriated to
carry out section 804, such sums as may be necessary for each of the fiscal
years 1993 through 1997.
`SEC. 802. DEMONSTRATION PROJECTS.
`(a) DEMONSTRATION PROJECTS TO INCREASE CLIENT CHOICE-
`(1) GRANTS-
`(A) ESTABLISHMENT- The Commissioner may make grants to States and
public and 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 choice of providers of vocational
rehabilitation services.
`(B) USE OF FUNDS- An entity that receives a grant under subparagraph (A)
may use funds made available through the grant--
`(i) for activities that are directly related to planning, operating,
and evaluating the demonstration projects; and
`(ii) to supplement, and not supplant, funds made available from Federal
and non-Federal sources for such projects.
`(2) AWARD OF GRANTS- In making grants under paragraph (1), the Commissioner
may take into consideration the--
`(A) diversity of strategies to be used to increase client choice, including
choice among qualified service providers;
`(B) geographic distribution of projects; and
`(C) diversity of clients to be served.
`(3) APPLICATION- To be eligible to receive a grant under paragraph
(1), an entity shall submit an application at such time, in such manner,
and containing such information and assurances as the Commissioner may
reasonably require, including--
`(A) a description of--
`(i) the manner in which the entity intends to promote increased consumer
choice, including a description, if appropriate, of the manner in which
the entity will determine the value of any voucher offered to an eligible
client; and
`(ii) the outreach activities to be conducted by the entity to obtain
eligible clients; and
`(B) assurances that a written plan will be established with the full
participation of the client, which shall, at a minimum, include--
`(i) a statement of the vocational rehabilitation goals of the client;
`(ii) a statement of the specific vocational rehabilitation services
to be provided, the projected dates for the initiation of the services,
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) RECORDS- Entities that receive grants under paragraph (1) shall
maintain such records as the Commissioner may require and comply with any
request from the Commissioner for such records.
`(5) DIRECT SERVICES- At least 80 percent of the funds awarded for
any project under this subsection must be used for direct services, as
specifically chosen by the eligible clients.
`(6) EVALUATION-
`(A) IN GENERAL- 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.
`(B) RESERVATION- The Commissioner may reserve funds to carry out the
evaluation for a fiscal year from the amounts appropriated to carry out
projects under this subsection for the fiscal year.
`(7) DEFINITIONS- As used in this subsection:
`(A) DIRECT SERVICES- The term `direct services' means the vocational
rehabilitation services specified 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.
`(b) TRANSITION DEMONSTRATION PROJECTS-
`(1) GRANTS- The Commissioner may make grants to public and 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
paragraph shall evaluate the effectiveness of such models and prepare and
submit to the Commissioner a report containing the evaluation.
`(c) STUDIES, SPECIAL PROJECTS, AND DEMONSTRATION PROJECTS TO STUDY
MANAGEMENT AND SERVICE DELIVERY-
`(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.
`(d) DEMONSTRATION PROJECTS TO UPGRADE WORKER SKILLS-
`(1) GRANTS- Consistent with the purpose of section 621, the Commissioner
may award grants to partnerships or consortia that include private business
concerns or industries to assist the partnerships or consortia in developing
and carrying out model demonstration projects for workers with disabilities
to ensure that such individuals possess the knowledge and skills necessary
to compete in the workplace.
`(2) PERIOD- Grants awarded under this subsection shall be for a 3-year
period.
`(3) APPLICATION- Any partnership or consortium desiring 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 reasonably require, including--
`(A) identifying at least one member of the partnership or consortium that
is a private business concern or industry; and
`(B) providing assurances that--
`(i) each member of the eligible partnership or consortium will pay a
portion of the non-Federal share of the cost of 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 workplace;
`(v) an evaluation report containing data specified by the Commissioner
will be submitted 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 the project after the period for which Federal
assistance is sought.
`(4) FEDERAL PAYMENTS- Federal payments under this subsection with respect
to any project may not exceed 80 percent of the costs of the project.
`(5) DEFINITION- As used in this subsection, the term `workers with
disabilities' shall mean more than one individual with a disability who--
`(A) is working in competitive employment; and
`(B) needs new or upgraded skills to--
`(i) improve the employment opportunities of the individual; and
`(ii) adapt to emerging technologies, work methods, and markets.
`SEC. 803. TRAINING INITIATIVES.
`(a) REHABILITATION TRAINING PROJECTS-
`(1) ESTABLISHMENT- For the purpose of addressing unmet and emerging needs
in the area of rehabilitation training, the Commissioner may make grants
to and enter into contracts with State and public or nonprofit agencies
and organizations, including institutions of higher education, to pay all
or part of the cost of establishing rehabilitation training projects.
`(2) PROJECTS- Such a rehabilitation training project may provide training,
traineeships, inservice training, continuing education, workshops, and
technical assistance, and carry out related activities, designed to--
`(A) develop or improve the skills of rehabilitation personnel,
including supported employment program personnel, client assistance
program personnel, independent living center personnel, and personnel
providing rehabilitation technology, to provide services under this Act
to individuals with disabilities;
`(B) provide impartial hearing officers with the skills necessary to fairly
decide appeals under this Act; or
`(C) develop the skills of individuals with disabilities, their parents,
family members, guardians, advocates, or authorized representatives,
and other appropriate parties, to become active decisionmakers in the
rehabilitation process.
`(3) AREAS- An agency or organization that receives a grant or enters into
a contract under paragraph (1) shall use funds made available through the
grant or contract to establish a rehabilitation training project concerning--
`(A) rehabilitation technology;
`(B) job placement;
`(C) transition services;
`(D) best practices in serving individuals with specific disabilities,
including disability groups that are emerging, or are unserved, or
underserved, by programs under this Act;
`(E) best practices in serving individuals from diverse ethnic and cultural
backgrounds; or
`(F) the provisions of this Act and related Acts, including the Americans
with Disabilities Act of 1990.
`(4) CONSIDERATIONS- In making a grant to, or entering into a contract
with, an agency or organization under paragraph (1), the Commissioner
shall consider the ability of the agency or organization--
`(A) to maximize training opportunities for the widest possible audience,
including the ability to provide such training in rural or remote areas
through distance training techniques;
`(B) to utilize multidisciplinary training for persons from a variety of
rehabilitation settings, such as--
`(i) community rehabilitation program personnel;
`(ii) personnel of client assistance programs, independent living centers,
and supported employment programs; and
`(iii) individuals with disabilities and their families; and
`(C) to provide training materials in accessible formats.
`(5) 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.
`(b) TRAINING AND INFORMATION GRANTS-
`(1) DEFINITION- As used in this subsection, the term `covered individual'
means--
`(A) an individual with a disability;
`(B) a parent, family member, guardian, advocate, or authorized
representative, of such an individual; and
`(C) another appropriate party.
`(2) ESTABLISHMENT- The Commissioner may make grants to nonprofit private
organizations to establish training and information programs for covered
individuals to enable such individuals to participate more effectively
with professionals in meeting the vocational and rehabilitation needs of
individuals with disabilities.
`(3) REQUIREMENTS- Such training and information programs shall be
designed to--
`(A) meet the unique training and information needs of covered individuals,
including covered individuals who are members of groups that have been
traditionally underrepresented, who are living in the area to be served
by the grant; and
`(B) serve individuals with disabilities with the full range of disabilities,
the parents, family members, guardians, advocates, and authorized
representatives, of such individuals, and other appropriate parties.
`(4) AWARD OF GRANTS- In making grants under this subsection, the
Commissioner shall ensure that--
`(A) the grants are distributed geographically to the greatest extent
possible throughout all the States; and
`(B) targeted to covered individuals--
`(i) in both urban and rural areas;
`(ii) within a State; or
`(iii) within a region.
`(5) ELIGIBILITY- To be eligible to receive a grant under paragraph (1),
a nonprofit private organization shall--
`(A)(i) be governed by a board of directors that includes professionals
in the field of vocational rehabilitation or related fields and on which
a majority of members are individuals with disabilities or parents, family
members, guardians, or authorized representatives, of such individuals; or
`(ii)(I) have a membership that represents the interests of individuals
with disabilities; and
`(II) establish a special governing committee to operate the training and
information program under this section, that includes professionals in
the field of vocational rehabilitation or related fields and on which a
majority of members are individuals with disabilities or parents, family
members, guardians, or authorized representatives, of such individuals; and
`(B) 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 conduct effectively the training and information activities authorized
under this section.
`(6) CONSULTATION- Each nonprofit private organization operating a training
and information program receiving assistance under this subsection shall
consult with appropriate agencies that serve or assist covered individuals
located in the jurisdictions served by the program.
`(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.
`(8) COORDINATION AND TECHNICAL ASSISTANCE- The Commissioner shall,
by grant, contract, or cooperative agreement, provide coordination and
technical assistance for establishing, developing, and coordinating such
training and information programs.
`(c) BRAILLE TRAINING GRANTS-
`(1) ESTABLISHMENT- The Commissioner may make grants to and enter into
contracts with State 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 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) inservice 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.
`SEC. 804. RESEARCH INITIATIVES.
`(a) GRANTS-
`(1) ESTABLISHMENT- In addition to carrying out projects under section 204,
the Director of the National Institute on Disability and Rehabilitation
Research 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 activities described in paragraphs (2) through (4).
`(2) REHABILITATION TECHNOLOGY RESEARCH AND RESOURCE CENTER- Such grants may
be used for the establishment and support of a Rehabilitation Technology
Research and Resource Center that meets the requirements of subparagraphs
(A) through (C), and (E) through (G), of section 204(b)(3). Such a Center
shall have an area of focus not identified in section 204(b)(3)(D) and shall
conduct research or demonstration activities relating to emerging program
trends and technologies, based on public input and the recommendation of
the Rehabilitation Research Advisory Council established under section 205.
`(3) MODEL SYSTEMS- Research grants may be used 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 Director
determines that the development of such systems is needed.
`(4) MODEL PERSONAL ASSISTANCE SERVICES SYSTEMS- Research grants may be
used 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.'.
(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:
`TITLE VIII--RESEARCH, TRAINING, AND DEMONSTRATION PROJECTS
`Sec. 801. Authorization of appropriations.
`Sec. 802. Demonstration projects.
`Sec. 803. Training initiatives.
`Sec. 804. Research initiatives.'.
Subtitle A--Helen Keller National Center

ddd53ab3118a67b706a578c686ebf6bedbd9fdafe1242176982393f7bc8021ec

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'.

9d519b6a63349df583e6a2b69bf67350c43133f04d48842f1c4b95daf7ec44ad

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 paragraphs (3) and (4),
respectively;
(B) by inserting after paragraph (1) the following new paragraph:
`(2) train family members of individuals who are deaf-blind at the Center
or anywhere else in the United States, in order to assist family members
in providing and obtaining appropriate services for the individual who
is deaf-blind;';
(C) by striking `and' after the semicolon in paragraph (3) (as so
redesignated by subparagraph (A));
(D) by striking the period in paragraph (4) (as so redesignated by
subparagraph (A)) and inserting `; and'; and
(E) by inserting after paragraph (4) (as so redesignated by subparagraph
(A)) the following new paragraph:
`(5) maintain a national registry in order to provide information and data
regarding individuals who are deaf-blind.'.

5a9267d62b2961a706b9410814259aea489b18cefd8aa606a4dfbc81612670e9

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'.

be0a527050b21d95f5cf7d03103cd9231e67e62b39b6a2a60e2e36a6366f2c57

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'.

8facc4d9d87abfc05e26c1d370a353c6b6a2511c2a86e0c02cb7495edf0bea89

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:
`(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, if there is a field defect, central acuity
of 20/200 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'.

646db059bc728c3211f29294e0afa009733002202932cfcf5b8890f1369f0a6f

Section 207 of the Helen Keller National Center Act (29 U.S.C. 1906)
is amended by striking `Industrial Home for the Blind, Incorporated'
and inserting `Helen Keller Services for the Blind, Incorporated'.

5a5c18368d49b839a74d9c95c751ca68a86f77f759b203e170428129e380b3d3

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.
`(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, discretion, 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 District of Columbia.
`(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
`(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.'.

6c82e97767499724a95050f1bf403049dd5ea907557d3187ed5a950f8e06b281

(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-blind individuals' each
place the term appears and inserting `individuals who are deaf-blind'.
(b) DEAF-BLIND INDIVIDUAL- Section 203(b)(1) of such Act (29
U.S.C. 1902(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) 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 (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

60ad80909d61c54f91644514f6ca1b3c0f69cb109c4eae712c2f602b97ea4adc

DISABLED.
(a) WAGNER-O'DAY ACT- Section 1 of the Act entitled `An Act to Create a
Committee on Purchases of Blind-made Products, and for other purposes',
approved June 25, 1938 (commonly known as the Wagner-O'Day Act; 41 U.S.C. 46)
is amended by striking `the Blind and Other Severely Handicapped' and
inserting `People Who Are Blind and Severely Disabled'.
(b) SMALL BUSINESS ACT- Section 15(c)(1) of the Small Business Act (15
U.S.C. 644(c)(1)) is amended by striking `the Blind and Other Severely
Handicapped' and inserting `People Who Are Blind or Severely Disabled'.

71fba8ee105453591b217aa86b36523b4d07dda7b096ad3132302f4ed74c84c3

(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--
`(A) are involved in providing instruction to individuals who are deaf; and
`(B) 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 disorders' would be appropriate, or whether some other term
should be used.
(3) DEFINITION- The Notice of Inquiry shall contain the following proposed
definition for use in the regulations implementing such Act:
`(1) As used in section 602(a)(1) of the Individuals with Disabilities
Education Act (20 U.S.C. 1401(a)(1)):
`(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 7 months after the end of the
comment period, 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 amended. 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.

3d59c5180d5911945a41a61834b4d0a9c083f075b28dc004ac3636aa63848a4f

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 `nonprofit 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 `nonprofit and
for-profit entities' and inserting `public or private agencies and
organizations, including institutions of higher education,'.

9ce9eefdf97f38c717c77bd5425dcaab591343a266781cba1745c0273424414a

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.'.
Attest:
Secretary.
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1fb6b8ca22b40a526857a8d7919b4d6d4bcfebe234c12828a4f03f092a967f37

Rehabilitation Act bill — HR. 5482

Other Sections