[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[S. 1295 Enrolled Bill (ENR)]
S.1295
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To amend the Rehabilitation Act of 1973 and the Education of the Deaf
Act of 1986 to make technical and conforming amendments to the Act, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

25804d259f5bac111f6256213f1e272c65e70dc8b3336a9314799ddc5247a065

This Act may be cited as the ``Rehabilitation Act Amendments of
1993''.

2ecb3378e012c76e9ce9cc07cc55c30eb252df77a759f02840ad8f4512b33a5d

Except as otherwise specifically provided, whenever in this title 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.).

6f36002e408cf65f0857c218a4de71b25e556f2ed58e4f312b5011184d41ec37

TITLE I

-REHABILITATION ACT OF 1973

The Rehabilitation Act Amendments of 1992 (Public Law 102-569; 106
Stat. 4344 et seq.) is amended--
(1) in section 102(a)(2) (relating to a section 7(3)), by adding
closing quotations after ``101(a)(1)(A).'';
(2) in section 102(p)(7)(E) (relating to a section
101(a)(13)(B)), by striking ``conditions'' and inserting
``condition'';
(3) in section 138(b) (29 U.S.C. 701 note), to read as follows:
``(b) Compliance.--Each State agency subject to the provisions of
title I of the Rehabilitation Act of 1973 shall comply with the
amendments made by this subtitle, as soon as is practicable after the
date of enactment of this Act, consistent with the effective and
efficient administration of the Rehabilitation Act of 1973, but not
later than October 1, 1993.''; and
(4) in section 203(g)(5) (relating to a section 202(g)), by
striking ``adding at the end'' and inserting ``inserting after
paragraph (3)''.

b4860cbfa91c75d37c85d9b214fcb5f811b3e719f10f719886c940323ae4fdeb

Section 7 (29 U.S.C. 706) is amended--
(1) in paragraph (3)--
(A) by striking ``The term `designated State unit' means''
and inserting the following:
``(B) The term `designated State unit' means''; and
(B) in subparagraph (B) (as designated by subparagraph (A)
of this paragraph), in clause (ii), by striking ``101(a)(B)(i)''
and inserting ``101(a)(1)(B)(i)'';
(2) in paragraph (8)--
(A) in subparagraph (A), by striking ``titles I, II, III,
VI, and VIII'' and inserting ``title I, III, VI, or VIII''; and
(B) in subparagraph (B), by striking ``IV and V'' and
inserting ``II, IV, V, and VII'';
(3) in paragraph (15)(A), in the matter preceding clause (i), by
inserting a comma after ``subparagraph (C)'';
(4) in paragraph (18)(A)(ii)--
(A) by inserting ``for the period, and any extension,
described in paragraph (34)(C)'' after ``employment services'';
(B) by striking ``or'' and inserting ``and''; and
(C) by inserting ``after the transition described in
paragraph (27)(C)'' after ``extended services''; and
(5) in paragraph (26)(B), by striking ``III, IV, V, and VIII''
and inserting ``IV, V, and VII''.

c5e9c9fb2592132aafb7d26348cc08faf6b9c88b890a4da3bacc052f558795eb

Section 19(a) (29 U.S.C. 718(a)) is amended to read as follows:
``(a) In General.--Except as provided in subsection (b), and
notwithstanding any other provision of law--
``(1) any funds appropriated for a fiscal year to carry out any
grant program under part B or C of title I, section 509 (except as
provided in section 509(b)), part C of title VI, part B or C of
chapter 1 of title VII, or chapter 2 of title VII (except as
provided in section 752(b)), including any funds reallotted under
any such grant program, that are not obligated and expended by
recipients prior to the beginning of the succeeding fiscal year; or
``(2) any amounts of program income, including reimbursement
payments under the Social Security Act (42 U.S.C. 301 et seq.),
received by recipients under any grant program specified in
paragraph (1) that are not obligated and expended by recipients
prior to the beginning of the fiscal year succeeding the fiscal year
in which such amounts were received,
shall remain available for obligation and expenditure by such recipients
during such succeeding fiscal year.''.

dd472448564bbd2bfbe978a82947c5eebae61c144e1dbed74222a46cbb954c23

Section 20 (29 U.S.C. 718a) is amended by striking ``such
individuals, or the parents,'' and inserting ``such individuals who are
applicants for or recipients of the services, or the parents,''.

c098e8e4cb2f6cc5dd42034e611b837a8f91ca94400ab50aaf06b27c3b320fdd

Section 21(b) (29 U.S.C. 719b(b)) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs (5)
and (6), respectively; and
(2) by redesignating the second paragraph (3) as paragraph (4).

3aedd28f5ccbd03aa92a2756624f04e6cb4d1f3d0d33d3dc06f23fdcd6e676ec

(a) State Plans.--Section 101(a) (29 U.S.C. 721(a)) is amended--
(1) in paragraph (10)(A), by striking ``described in
subparagraph (C)'' and inserting ``described in subparagraph (D)'';
(2) in paragraph (32), by inserting ``or independent commission
described in paragraph (36)'' after ``Council'';
(3) in paragraph (34)(B) by striking ``part B'' and inserting
``section 110''; and
(4) in paragraph (36)--
(A) by amending subparagraph (B)(i) to read as follows:
``(i) is responsible under State law for operating, or
overseeing the operation of, the vocational rehabilitation
program in the State;''; and
(B) in subparagraph (C)--
(i) by amending clause (i) to read as follows:
``(i) an independent commission is responsible under
State law for operating, or overseeing the operation of, the
vocational rehabilitation programs of both such agencies and
meets the requirements of clauses (ii) and (iv) of
subparagraph (B);''; and
(ii) by striking clause (ii) and inserting the
following:
``(ii)(I) an independent commission is responsible under
State law for operating, or overseeing the operation of, the
vocational rehabilitation program in the State for
individuals who are blind, is consumer-controlled by and
represents individuals who are blind, and undertakes the
function set forth in section 105(c)(3); and
``(II) an independent commission is responsible under
State law for operating, or overseeing the operation of, the
vocational rehabilitation program in the State for all
individuals with disabilities except for individuals who are
blind and meets the requirements of clauses (ii) and (iv) of
subparagraph (B); or
``(iii)(I) an independent commission is responsible
under State law for operating, or overseeing the operation
of, the vocational rehabilitation program in the State for
individuals who are blind, is consumer-controlled by and
represents individuals who are blind, and undertakes the
function set forth in section 105(c)(3); and
``(II) the State has established a State Rehabilitation
Advisory Council that meets the criteria set forth in
section 105 and carries out the duties of such a Council
with respect to functions for, and services provided to,
individuals with disabilities except for individuals who are
blind.''.
(b) Individualized Written Rehabilitation Program.--Section 102 (29
U.S.C. 722) is amended--
(1) in subsection (a)(5)(B), by striking ``section
7(22)(A)(iii)'' and inserting ``section 7(22)(A)(ii)''; and
(2) in subsection (d)--
(A) in paragraph (2)(C)(ii)(I), by striking ``who were
appointed under one of subparagraphs (E) through (H) of section
105(b)(1);'' and inserting ``who were appointed under one of
clauses (v) through (viii) of section 105(b)(1)(A), or under one
of clauses (v) through (ix) of section 105(b)(1)(B), as
appropriate;''; and
(B) in paragraph (6)(B), by redesignating paragraphs (1)
through (4) as clauses (i) through (iv), respectively.
(c) Vocational Rehabilitation Services.--Section 103(a) (29 U.S.C.
723(a)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (D), by striking ``a physician skilled
in the diseases of the eye or by an optometrist, whichever the
individual may select,'' and inserting ``qualified personnel,
under State licensure laws, that are selected by the
individual,''; and
(B) in subparagraph (F), by striking ``a physician or
licensed psychologist'' and all that follows and inserting
``qualified personnel under State licensure laws;''; and
(2) in paragraph (6), by striking ``those individuals'' and all
that follows and inserting ``those individuals determined to be
blind after an examination by qualified personnel under State
licensure laws;''.
(d) State Rehabilitation Advisory Council.--
(1) Amendments.--Section 105 (29 U.S.C. 725) is amended--
(A) in subsection (b)--
(i) by striking paragraph (1) and inserting the
following:
``(1) Composition.--
``(A) In general.--Except in the case of a separate Council
established under subsection (a)(2), the Council shall be
composed of--
``(i) at least one representative of the Statewide
Independent Living Council established under section 705,
which representative may be the chairperson or other
designee of the Council;
``(ii) at least one representative of a parent training
and information center established pursuant to section
631(e)(1) of the Individuals with Disabilities Education Act
(20 U.S.C. 1431(e)(1));
``(iii) at least one representative of the client
assistance program established under section 112;
``(iv) at least one vocational rehabilitation counselor,
with knowledge of and experience with vocational
rehabilitation programs, who shall serve as an ex officio,
nonvoting member of the Council if the counselor is an
employee of the designated State agency;
``(v) at least one representative of community
rehabilitation program service providers;
``(vi) four representatives of business, industry, and
labor;
``(vii) representatives of disability advocacy groups
representing a cross section of--
``(I) individuals with physical, cognitive, sensory,
and mental disabilities; and
``(II) parents, family members, guardians,
advocates, or authorized representatives, of individuals
with disabilities who have difficulty in representing
themselves or are unable due to their disabilities to
represent themselves; and
``(viii) current or former applicants for, or recipients
of, vocational rehabilitation services.
``(B) Separate council.--In the case of a separate Council
established under subsection (a)(2), the Council shall be
composed of--
``(i) at least one representative described in
subparagraph (A)(i);
``(ii) at least one representative described in
subparagraph (A)(ii);
``(iii) at least one representative described in
subparagraph (A)(iii);
``(iv) at least one vocational rehabilitation counselor
described in subparagraph (A)(iv), who shall serve as
described in such subparagraph;
``(v) at least one representative described in
subparagraph (A)(v);
``(vi) four representatives described in subparagraph
(A)(vi);
``(vii) at least one representative of a disability
advocacy group representing individuals who are blind;
``(viii) at least one parent, family member, guardian,
advocate, or authorized representative, of an individual
who--
``(I) is an individual who is blind and has multiple
disabilities; and
``(II) has difficulty in representing himself or
herself or is unable due to disabilities to represent
himself or herself; and
``(ix) applicants or recipients described in
subparagraph (A)(viii).
``(C) Exception.--In the case of a separate Council
established under subsection (a)(2), any Council that is
required by State law, as in effect on the date of enactment of
the Rehabilitation Act Amendments of 1992, to have fewer than 13
members shall be deemed to be in compliance with subparagraph
(B) if the Council--
``(i) meets the requirements of subparagraph (B), other
than the requirements of clauses (vi) and (ix) of such
subparagraph; and
``(ii) includes at least--
``(I) one representative described in subparagraph
(B)(vi); and
``(II) one applicant or recipient described in
subparagraph (B)(ix).''; and
(ii) in paragraph (3)--
(I) in the first sentence, by striking ``or the
appropriate entity within the State responsible for
making appointments''; and
(II) by inserting after the first sentence the
following: ``In the case of a State that, under State
law, vests appointment authority in an entity in lieu
of, or in conjunction with, the Governor, such as one or
more houses of the State legislature, or an independent
board that has general appointment authority, that
entity shall make the appointments.''; and
(B) in subsection (g), by inserting ``(except for funds
appropriated to carry out the client assistance program under
section 112 and funds reserved pursuant to section 110(d) to
carry out part D of this title)'' before ``to reimburse
members''.
(2) Effective date.--In the case of a State that demonstrates to
the satisfaction of the Secretary of Education that the State has
designated 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) of the
Rehabilitation Act of 1973, and has established by State law a
separate Council to perform the duties of a State Rehabilitation
Advisory Council with respect to such State agency, the Secretary
may delay the effective date of all or part of section 105(b)(1)(B),
as amended by paragraph (1), until October 1, 1994.
(e) State Allotments.--Section 110(c) (29 U.S.C. 730(c)) is
amended--
(1) in paragraph (2)--
(A) by striking ``to pay for initial expenditures during'';
and
(B) by inserting at the end the following: ``The
Commissioner shall make such amount available only if such other
State will be able to make sufficient payments from non-Federal
sources to pay for the non-Federal share of the cost of
vocational rehabilitation services under the State plan for the
fiscal year for which the amount was appropriated.''; and
(2) by striking paragraph (4).
(f) Payments to States.--Section 111(b) (29 U.S.C. 731(b)) is
amended by moving paragraphs (1) and (2) 2 ems to the right.
(g) Client Assistance Program.--Section 112 (29 U.S.C. 732) is
amended--
(1) in the first sentence of subsection (a), by striking
``facilities'' and inserting ``community rehabilitation programs'';
and
(2) in subsection (e)(1)(D), by striking clause (ii) and
inserting the following:
``(ii) For any fiscal year in which the total amount appropriated
under subsection (h) exceeds the total amount appropriated under such
subsection for the preceding fiscal year by a percentage greater than
the most recent percentage change in the Consumer Price Index For All
Urban Consumers published by the Secretary of Labor under section
100(c)(1), the Secretary shall increase each of the minimum allotments
under clause (i) by such percentage change in the Consumer Price Index
For All Urban Consumers.''.
(h) Innovation and Expansion Grants.--Section 124 (29 U.S.C. 744) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``this subsection''
and inserting ``paragraph (1)(B)''; and
(ii) in subparagraph (B), by striking ``allotted'' and
inserting ``allotted under paragraph (1)(A)''; and
(B) by striking paragraph (3) and inserting the following:
``(3) Adjustment for inflation.--For any fiscal year, beginning
in fiscal year 1994, in which the total amount appropriated to carry
out this part exceeds the total amount appropriated to carry out
this part for the preceding fiscal year by a percentage greater than
the most recent percentage change in the Consumer Price Index For
All Urban Consumers published by the Secretary of Labor under
section 100(c)(1), the Commissioner shall increase the minimum
allotment under paragraph (1)(B) by such percentage change in the
Consumer Price Index For All Urban Consumers.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Proportional Reduction.--To provide minimum allotments to
States (as increased under subsection (a)(3)) under subsection
(a)(1)(B), or to provide minimum allotments to States under subsection
(a)(2)(B), the Commissioner shall proportionately reduce the allotments
of the remaining States under subsection (a)(1)(A), with such
adjustments as may be necessary to prevent the allotment of any such
remaining State from being reduced to less than the minimum allotment
for a State (as increased under subsection (a)(3)) under subsection
(a)(1)(B), or the minimum allotment for a State under subsection
(a)(2)(B), as appropriate.''.

701120d746b5deac5457eaf648458260c725bad1408bca539978b2bfa025428a

Title I (29 U.S.C. 721 et seq.) is amended by adding at the end the
following:
``Part E--Vocational Rehabilitation Services Client Information
``SEC. 140. REVIEW OF DATA COLLECTION AND REPORTING SYSTEM.
``(a) Review.--The Commissioner shall conduct a comprehensive review
of the current system for collecting and reporting data on clients of
programs carried out under this Act, particularly data on clients of the
programs carried out under this title.
``(b) Considerations.--
``(1) Current data.--In conducting the review, the Commissioner
shall examine the kind, quantity, and quality of the data that are
currently collected and reported, taking into consideration the
range of purposes that the data serve at the Federal, State, and
local levels.
``(2) Additional information.--In conducting the review, the
Commissioner shall examine the feasibility of collecting and
reporting under the system information, if such information can be
determined, with respect to each client participating in a program
under this Act, regarding--
``(A) other programs in which the client participated during
the 3 years before the date on which the client applied to
participate in a program under this Act;
``(B) the number of jobs held, hours worked, and earnings
received by the client during such 3 years;
``(C) the types of major and secondary disabilities of the
client;
``(D) the dates of the onset of the disabilities;
``(E) the severity of the disabilities;
``(F) the source from which the client was referred to a
program under this Act;
``(G) the hours worked by the client;
``(H) the size and industry code of the place of employment
of the client at the time of entry into such a program and at
the termination of services under the program;
``(I) the number of services provided to the client under
the programs and the cost of each service;
``(J) the types of public support received by the client;
``(K) the primary sources of economic support and amounts of
public assistance received by the client before and after
receiving the services;
``(L) whether the client is covered by health insurance from
any source and whether health insurance is available through the
employer of the client;
``(M) the supported employment status of the client; and
``(N) the reasons for terminating the services received by
the client.
``(c) Recommendations.--Based on the review, the Commissioner shall
recommend improvements in the data collection and reporting system.
``(d) Views.--In developing the recommendations, the Commissioner
shall seek views of persons and entities providing or using such data,
including State agencies, State Rehabilitation Advisory Councils,
providers of vocational rehabilitation services, professionals in the
field of vocational rehabilitation, clients and organizations
representing clients, the National Council on Disability, other Federal
agencies, non-Federal researchers, other analysts using the data, and
other members of the public.
``(e) Publication and Submission of Report.--Not later than 18
months after the date of the enactment of the Rehabilitation Act
Amendments of 1992 (Public Law 102-569), the Commissioner shall publish
the recommendations in the Federal Register and shall prepare and submit
a report containing the recommendations to the appropriate committees of
Congress. The Commissioner shall not implement the recommendations
earlier than 90 days after the date on which the Commissioner submits
the report.
``SEC. 141. EXCHANGE OF DATA.
``(a) Exchange.--The Secretary of Education and the Secretary of
Health and Human Services shall enter into a memorandum of understanding
for the purposes of exchanging data of mutual importance--
``(1) that concern clients of State vocational rehabilitation
agencies; and
``(2) that are data maintained either by--
``(A) the Rehabilitation Services Administration, as
required by section 13; or
``(B) the Social Security Administration, from its Summary
Earnings and Records and Master Beneficiary Records.
``(b) Treatment of Information.--For purposes of the exchange, the
data described in subsection (a)(2)(B) shall not be considered return
information (as defined in section 6103(b)(2) of the Internal Revenue
Code of 1986) and, as appropriate, the confidentiality of all client
information shall be maintained by both agencies.''.

2ccce25016329b1404102cf09fdfe66c840be96b37846a2520001171d5f48eb0

(a) National Institute on Disability and Rehabilitation.--Section
202 (29 U.S.C. 761a) is amended--
(1) in subsection (b)--
(A) in paragraph (2)(D), by striking ``the individuals'' and
inserting ``such individuals''; and
(B) in paragraph (4)(D), by striking ``individuals'' and
inserting ``individuals described in subparagraph (C)'';
(2) in the fourth sentence of subsection (c)(2), by striking
``In case of any vacancy in the office of the Director, the'' and
inserting ``The''; and
(3) in subsection (g) in paragraph (3), by striking ``and'' at
the end.
(b) Research.--Section 204 (29 U.S.C. 762) is amended--
(1) in subsection (a)--
(A) in the second sentence, by inserting ``, including
projects addressing the needs described in the State plans
submitted under section 101 or 704 by State agencies'' before
the period at the end; and
(B) in the third sentence, by striking ``, as described in
the State plans submitted by the State agencies,''; and
(2) in subsection (b)--
(A) in paragraph (2)(G)(i), by striking ``rehabilitation
related'' and inserting ``rehabilitation-related'';
(B) in paragraph (3)--
(i) in subparagraph (B)(iii)(I), by striking ``family
centered'' and inserting ``family-centered''; and
(ii) in subparagraph (C)(i)--
(I) by striking ``Assistance to Individuals'' and
inserting ``Assistance for Individuals''; and
(II) by striking the comma after ``representatives
of the individuals''; and
(C) in paragraph (4)(A), by moving clause (iii) 2 ems to the
right.

71301915530dc75d6515b80d7282789c6380255a59df079366f6824a0f9d0689

(a) Training.--Section 302 (29 U.S.C. 771a) is amended--
(1) in subsection (d)--
(A) in the second sentence, by striking ``local employees,
who are recruited from or reside in'' and inserting ``local
residents, who are recruited from''; and
(B) by inserting after the second sentence a new sentence to
read as follows: ``Entities receiving grants to carry out
projects under this subsection shall coordinate the activities
carried out through the projects with the activities of State
vocational rehabilitation agencies to promote the employment of
the individuals trained to be rehabilitation technicians.''; and
(2) in subsection (h), to read as follows:
``(h) 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.''.
(b) Authorization of Appropriations.--Section 310 (29 U.S.C. 777) is
amended by striking ``sections 311(d), 311(e),'' and inserting
``sections 311(c), 311(d),''.
(c) Special Demonstration Programs.--Section 311 (29 U.S.C. 777a) is
amended--
(1) in subsection (a)(1), by striking the comma at the end and
inserting a semicolon; and
(2) in subsection (c)(1)(B) by inserting ``and'' before
``(iii)''.
(d) Special Recreational Programs.--Section 316(a)(1) (29 U.S.C.
777f(a)(1)) is amended in the first sentence, by striking ``handicapped
individuals'' and inserting ``individuals with disabilities''.

d3b01bd9c2bacc1bd8f597c474a6fc1ef9369123a0bae95f56b7b2f58ee15594

Section 403(a)(2) (29 U.S.C. 783(a)(2)) is amended by striking
``seven'' and inserting ``eight''.

e9962a02e5757a70ba28f2a09375595fbb274a52f11819f94e87f89f9bd1b778

(a) Employment of Individuals With Disabilities.--Section 501(a) (29
U.S.C. 791(a)) is amended in the first sentence, by inserting a comma
after ``Veterans Affairs''.
(b) Architectural and Transportation Barriers Compliance Board.--
Section 502(a)(5)(A) (29 U.S.C. 792(a)(5)(A)) is amended by striking
``the daily equivalent of the rate of pay for level 4 of the Senior
Executive Service Schedule under section 5382'' and inserting ``the
daily equivalent of the rate of pay for level IV of the Executive
Schedule under section 5315''.
(c) Rights and Advocacy.--Section 509 (29 U.S.C. 794e) is amended--
(1) in subsection (a), by striking paragraph (1) and inserting
the following:
``(1) need services that are beyond the scope of services
authorized to be provided by the client assistance program under
section 112; and'';
(2) by striking subsection (b) and inserting the following:
``(b) Appropriations Less Than $5,500,000.--For any fiscal year in
which the amount appropriated to carry out this section is less than
$5,500,000, the Commissioner may make grants from such amount to
eligible systems within States to plan for, develop outreach strategies
for, and carry out protection and advocacy programs authorized under
this section for individuals with disabilities who meet the requirements
of paragraphs (1) and (2) of subsection (a).'';
(3) in subsection (c)--
(A) in paragraph (4)--
(i) in subparagraph (A), by striking ``this subsection''
and inserting ``paragraph (3)(B)''; and
(ii) in subparagraph (B), by striking ``allotted'' and
inserting ``allotted under paragraph (3)(A)''; and
(B) by striking paragraph (5) and inserting the following:
``(5) Adjustment for inflation.--For any fiscal year, beginning
in fiscal year 1994, in which the total amount appropriated to carry
out this section exceeds the total amount appropriated to carry out
this section for the preceding fiscal year by a percentage greater
than the most recent percentage change in the Consumer Price Index
For All Urban Consumers published by the Secretary of Labor under
section 100(c)(1), the Commissioner shall increase the minimum
allotment under paragraphs (3)(B) and (4)(B) by such percentage
change in the Consumer Price Index For All Urban Consumers.'';
(4) by striking subsection (d) and inserting the following:
``(d) Proportional Reduction.--To provide minimum allotments to
systems within States (as increased under subsection (c)(5)) under
subsection (c)(3)(B), or to provide minimum allotments to systems within
States (as increased under subsection (c)(5)) under subsection
(c)(4)(B), the Commissioner shall proportionately reduce the allotments
of the remaining systems within States under subsection (c)(3), with
such adjustments as may be necessary to prevent the allotment of any
such remaining system within a State from being reduced to less than the
minimum allotment for a system within a State (as increased under
subsection (c)(5)) under subsection (c)(3)(B), or the minimum allotment
for a State (as increased under subsection (c)(5)) under subsection
(c)(4)(B), as appropriate.'';
(5) by redesignating subsection (i) as subsection (n);
(6) in subsection (i), to read as follows:
``(i) Notwithstanding subsection (n), a protection and advocacy
system that--
``(1) received funds for fiscal year 1992, under section 731 of
this Act, as in effect on the day before the date of enactment of
the Rehabilitation Act Amendments of 1992, to carry out a project;
and
``(2) receives a continuation award for such project for fiscal
year 1993,
shall not be eligible to receive additional funds under this section for
fiscal year 1993.''; and
(7) by striking subsection (j) and inserting the following:
``(j) Administrative Cost.--In any State in which an eligible system
is located within a State agency, a State may use a portion of any
allotment under subsection (c) for the cost of the administration of the
system required by this section. Such portion may not exceed 5 percent
of the allotment.''.

825efb2862f95f611f353ff02a30fe724468e07bdbc57312a9533e55481dbfb5

Section 633 (29 U.S.C. 795l) is amended by striking ``subsection (c)
or (f)'' and inserting ``subsection (b) or (c)''.

f875d652eae38c4cce6aa1fa324f83ac33912dc4a2258bb65b80fd237a899568

LIVING.
(a) Purpose.--Section 701(3) (29 U.S.C. 796(3)) is amended by
striking ``other Federal programs'' and inserting ``other Federal law''.
(b) State Plan.--Section 704(c)(2) (29 U.S.C. 796c(c)(2)) is amended
by striking ``programs under parts B and C'' and inserting ``a program
under part B, and a program under part C in a case in which the program
is administered by the State under section 723''.
(c) Statewide Independent Living Council.--Section 705 (29 U.S.C.
795d) is amended--
(1) in the second sentence of subsection (a), by striking
``another'' and inserting ``a'';
(2) in subsection (b)--
(A) by striking paragraph (4) and inserting the following:
``(4) Qualifications.--
``(A) In general.--The Council shall be composed of
members--
``(i) who provide statewide representation;
``(ii) who represent a broad range of individuals with
disabilities;
``(iii) who are knowledgeable about centers for
independent living and independent living services; and
``(iv) a majority of whom are persons who are--
``(I) individuals with disabilities described in
section 7(8)(B); and
``(II) not employed by any State agency or center
for independent living.
``(B) Voting members.--A majority of the voting members of
the Council shall be--
``(i) individuals with disabilities described in section
7(8)(B); and
``(ii) not employed by any State agency or center for
independent living.''; and
(B) in paragraph (5)--
(i) in subparagraph (A), by inserting ``voting'' before
``membership''; and
(ii) in subparagraph (B), by inserting ``voting'' before
``member'' each place the term appears; and
(3) in subsection (c)(1)--
(A) by striking ``submit'' and inserting ``sign''; and
(B) by striking ``designated State agency'' and inserting
``designated State unit''.
(d) Responsibilities of the Commissioner.--Section 706(c)(1) (29
U.S.C. 796d-1(c)(1)) is amended--
(1) in the first sentence, by striking ``part C'' and inserting
``section 722'';
(2) by inserting after the second sentence the following: ``The
Commissioner shall annually conduct onsite compliance reviews of at
least one-third of the designated State units that receive funding
under section 723, and, to the extent necessary to determine the
compliance of such a State unit with subsections (f) and (g) of
section 723, centers that receive funding under section 723 in such
State.''; and
(3) in the last sentence, by inserting ``and such State units''
after ``select such centers''.
(e) Independent Living Services Allotments.--Section 711 (29 U.S.C.
796e) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``this subsection''
and inserting ``paragraph (1)(C)''; and
(ii) in subparagraph (B), by striking ``allotted'' and
inserting ``allotted under paragraph (1)(A)''; and
(B) by striking paragraph (3) and inserting the following:
``(3) Adjustment for inflation.--For any fiscal year, beginning
in fiscal year 1994, in which the total amount appropriated to carry
out this part exceeds the total amount appropriated to carry out
this part for the preceding fiscal year by a percentage greater than
the most recent percentage change in the Consumer Price Index For
All Urban Consumers published by the Secretary of Labor under
section 100(c)(1), the Commissioner shall increase the minimum
allotment under paragraph (1)(C) by such percentage change in the
Consumer Price Index For All Urban Consumers.''; and
(2) by striking subsection (b) and inserting a new subsection
(b) to read as follows:
``(b) Proportional Reduction.--To provide allotments to States in
accordance with subsection (a)(1)(B), to provide minimum allotments to
States (as increased under subsection (a)(3)) under subsection
(a)(1)(C), or to provide minimum allotments to States under subsection
(a)(2)(B), the Commissioner shall proportionately reduce the allotments
of the remaining States under subsection (a)(1)(A), with such
adjustments as may be necessary to prevent the allotment of any such
remaining State from being reduced to less than the amount required by
subsection (a)(1)(B).''.
(f) Payments to States From Allotments.--Section 712(b) (29 U.S.C.
796e-1(b)) is amended by striking paragraph (3).
(g) Authorized Uses of Funds.--Section 713(3) (29 U.S.C. 796e-2(3))
is amended by inserting ``that are in compliance with the standards and
assurances set forth in subsections (b) and (c) of section 725'' after
``living''.
(h) Centers for Independent Living.--Section 721 (29 U.S.C. 796f) is
amended--
(1) in subsection (b)(1)--
(A) by inserting ``to eligible agencies, centers for
independent living, and Statewide Independent Living Councils''
after ``assistance''; and
(B) by striking ``of such funds'' and inserting ``of the
funds appropriated to carry out this part for the fiscal year
involved'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Except as provided in subparagraphs
(B) and (C) and after'' and inserting ``After''; and
(ii) by inserting ``, and except as provided in
subparagraphs (B) and (C),'' after ``made'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``this subsection''
and inserting ``paragraph (1)(C)''; and
(ii) in subparagraph (B), by striking ``allotted'' and
inserting ``allotted under paragraph (1)(A)''; and
(C) by adding a new paragraph (4) to read as follows:
``(4) Proportional reduction.--To provide allotments to States
in accordance with paragraph (1)(B), to provide minimum allotments
to States (as increased under paragraph (3)) under paragraph (1)(C),
or to provide minimum allotments to States under paragraph (2)(B),
the Commissioner shall proportionately reduce the allotments of the
remaining States under paragraph (1)(A), with such adjustments as
may be necessary to prevent the allotment of any such remaining
State from being reduced to less than the amount required by
paragraph (1)(B).''; and
(3) in subsection (e)--
(A) in paragraph (1)(A), by striking ``, whichever is
greater,''; and
(B) in paragraph (2)(B)--
(i) in the first sentence of clause (i)--
(I) by striking ``Private nonprofit agencies'' and
inserting ``Entities'';
(II) by striking ``if the agencies submit'' and
inserting ``if the entities submit''; and
(III) by striking ``agencies will meet the standards
described in section 725(b) and'' and inserting
``entities will be private nonprofit agencies that meet
the standards described in section 725(b), and''; and
(ii) by adding a new clause (iii) to read as follows:
``(iii) Funding method.--In making awards under this
subsection, the Secretary shall distribute funds in
accordance with paragraphs (1), (2), and (4) of subsection
(c), and subsection (d).''.
(i) Grants by Commissioner.--Section 722 (29 U.S.C. 796f-1) is
amended--
(1) in subsection (c), by striking ``is receiving funds under
this part on'' and inserting ``has been awarded a grant under this
part by'';
(2) in subsection (d)(1), by inserting ``proposing to serve such
region'' after ``qualified applicant'';
(3) by redesignating subsection (f) as subsection (g); and
(4) by inserting after subsection (e) the following:
``(f) Nonresidential Agencies.--A center that provides or manages
residential housing after October 1, 1994, shall not be considered to be
an eligible agency under this section.''.
(j) Grants by Designated State Unit.--Section 723 (29 U.S.C. 796f-2)
is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A)(iii), by inserting before the period
at the end the following: ``, making such adjustments as may be
necessary to accommodate State funding cycles such as 2-year
funding cycles or State fiscal years that do not coincide with
the Federal fiscal year''; and
(B) in paragraph (3), by inserting ``eligible agencies in''
before ``the State in accordance'';
(2) in subsection (c), by striking ``is receiving funds under
this part on'' and inserting ``has been awarded a grant under this
part by'';
(3) by redesignating subsections (f), (g), and (h) as
subsections (g), (h), and (i), respectively;
(4) by inserting after subsection (e) the following:
``(f) Nonresidential Agencies.--A center that provides or manages
residential housing after October 1, 1994, shall not be considered to be
an eligible agency under this section.'';
(5) in subsection (g) (as redesignated by paragraph (3) of this
subsection), in paragraph (2)(B), by striking ``(h)'' each place the
term appears and inserting ``(i)''; and
(6) in subsection (h) (as redesignated by paragraph (3) of this
subsection), by striking the first sentence and inserting the
following: ``The director of the designated State unit shall
annually conduct onsite compliance reviews of at least 15 percent of
the centers for independent living that receive funding under this
section in the State.''.
(k) Centers Operated by State Agencies.--Section 724(b)(1)(A) (29
U.S.C. 796f-3(b)(1)(A)) is amended by striking ``fiscal year 1993'' and
inserting ``the fiscal year''.
(l) Standards and Assurances.--Section 725(b)(2) (29 U.S.C. 796f-
4(b)(2)) is amended--
(1) in the second sentence--
(A) by inserting ``severe'' before ``disabilities who are
members of''; and
(B) by striking ``Act'' and inserting ``title''; and
(2) in the third sentence, by inserting ``shall be determined by
the center, and'' before ``shall not be based''.
(m) Programs of Grants.--Section 752 (29 U.S.C. 796k) is amended--
(1) in subsection (a)(2), by striking ``unit'' and inserting
``agency'';
(2) in subsection (b), to read as follows:
``(b) Contingent Competitive Grants.--Beginning with fiscal year
1993, in the case of any fiscal year for which the amount appropriated
under section 753 is less than $13,000,000, grants made under subsection
(a) shall be--
``(1) discretionary grants made on a competitive basis to
States; or
``(2) grants made on a noncompetitive basis to pay for the
continuation costs of activities for which a grant was awarded--
``(A) under this chapter; or
``(B) under part C, as in effect on the day before the date
of enactment of the Rehabilitation Act Amendments of 1992.'';
and
(3) in subsection (j)--
(A) by striking ``and'' at the end of paragraph (1)(A) and
inserting ``or''; and
(B) by striking ``and'' at the end of paragraph (2)(A)(i)
and inserting ``or''.

16d817b13eca7a7ecd7a5de14a49e5a11663321e35ccdfb29e10c6cf47612d4c

The table of contents (Public Law 93-112; 87 Stat. 356) is amended--
(1) by adding after the items relating to title I the following:
``Part E--Vocational Rehabilitation Services Client Information
``Sec. 140. Review of data collection and reporting system.
``Sec. 141. Exchange of data.'';
and
(2) by striking the item relating to part B of title III and
inserting the following:
``Part B--Special Projects and Supplementary Services''.

b2783da92720ae46ebf32a3c253af876a946e1909a1c0bb2a4f84fe519d42e1c

(a) Short Title.--This title may be cited as the ``Education of the
Deaf Act Amendments of 1993''.
(b) References.--Except as otherwise expressly provided, whenever in
this title an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Education
of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.).

aa2c88566904e7fd18e370fbb2030d4d190a2afb8aa9a7f333ac422b2df673b4

TITLE II

-EDUCATION OF THE DEAF ACT OF 1986

The Act (20 U.S.C. 4301 et seq.) is amended by striking ``the
Institute'' each place that such appears and inserting ``NTID''.

34db7dad1bce02d261cd22ba3d40ac38d9ad7e75c730e5bfbf2c30d1043856cc

(a) Section 101.--Section 101(a) (20 U.S.C. 4301(a)) is amended by
inserting a comma after ``Hereafter''.
(b) Section 102.--Section 102(b) (20 U.S.C. 4302(b)) is amended--
(1) in paragraph (1), by striking ``of Education''; and
(2) in paragraph (2), by striking ``but if invested'' and
inserting ``but, if invested,''.
(c) Section 103.--Section 103 (20 U.S.C. 4303) is amended--
(1) in subsection (a)--
(A) by striking ``members selected as follows:'' in
paragraph (1) and inserting ``members who shall include--'';
(B) by inserting a comma after ``Association'' in paragraph
(1)(B);
(C) by redesignating paragraph (2) as paragraph (3); and
(D) by redesignating the second sentence of paragraph (1) as
paragraph (2); and
(2) in subsection (b)--
(A) by inserting a comma after ``facilities)'' in paragraph
(1);
(B) in paragraph (4)--
(i) by striking ``or individuals who are'' and inserting
``or''; and
(ii) by striking the period at the end thereof and
inserting in lieu thereof a semicolon; and
(C) by striking out ``the provisions of'' in paragraph (8).
(d) Section 104.--Section 104 (20 U.S.C. 4304) is amended--
(1) in the section heading, by striking ``EDUCATIONAL'' and
inserting ``EDUCATION'';
(2) in subsection (a)(1)--
(A) by striking ``elementary and secondary programs'' each
place that such appears and inserting ``elementary and secondary
education programs'';
(B) by striking ``and individuals who are'' in subparagraph
(A) and inserting ``or'';
(C) by striking ``non-English speaking'' in subparagraph (B)
and inserting ``non-English-speaking''; and
(D) in subparagraph (C)--
(i) by striking ``individuals'' each place that such
appears and inserting ``students'';
(ii) in clause (i), by striking ``deaf,'' and inserting
``deaf from the age of onset of deafness to age fifteen,
inclusive, but not beyond the eighth grade or its
equivalent,''; and
(iii) in clause (ii), by striking ``deaf,'' and
inserting ``deaf from grades nine through twelve,
inclusive,'';
(3) in subsection (b)(1)--
(A) by striking ``infants and children'' in subparagraph (A)
and inserting ``infants, children, and youth''; and
(B) by striking the semicolon at the end of subparagraph (C)
and inserting a period; and
(4) in subsection (b)(4)--
(A) by striking ``programs'' in subparagraph (A) and
inserting ``program'';
(B) by striking ``students to and from those programs'' in
subparagraph (B) and inserting ``the child to and from that
program''; and
(C) by striking ``decisions'' in subparagraph (C)(iii) and
inserting ``a decision''.
(e) Section 105.--Section 105(b) (20 U.S.C. 4305(b)) is amended--
(1) in paragraph (2), by striking ``shall'' and inserting
``will''; and
(2) in paragraph (4)--
(A) by striking ``Elementary School and the Model'' and
inserting ``Elementary School or the Model''; and
(B) by striking ``and the Secretary'' and inserting ``except
that the Secretary''.
(f) Section 111.--Section 111 (20 U.S.C. 4311) is amended by
striking ``title'' and inserting ``part''.
(g) Section 112.--Section 112 (20 U.S.C. 4312) is amended--
(1) in the section heading by striking ``INSTITUTE'' and
inserting in lieu thereof ``NATIONAL TECHNICAL INSTITUTE FOR THE
DEAF'';
(2) in subsection (a)--
(A) by striking ``Act'' in paragraph (1) and inserting
``part''; and
(B) by striking the first two commas in paragraph (2);
(3) in subsection (b)--
(A) in paragraph (3)--
(i) by striking ``Secretary an annual report,
including'' and inserting ``Secretary, not later than June 1
following the fiscal year for which the report is submitted,
an annual report containing'';
(ii) by striking ``which report'' and inserting ``which
accounting''; and
(iii) by striking the comma after ``Representatives'';
(B) by striking ``and'' at the end of paragraph (4);
(C) in paragraph (5)--
(i) by striking ``and the Secretary'' and inserting
``except that the Secretary''; and
(ii) by striking the period at the end thereof and
inserting a semicolon and ``and''; and
(D) by striking ``or individuals who are'' in paragraph (6)
and inserting ``or''; and
(4) in subsection (c), by inserting a comma after ``If''.

0b38500093101831a91e1e403a55d90d9a3ce850701123068e618c6c0983d8e8

(a) Section 201.--Section 201 (20 U.S.C. 4351) is amended--
(1) in paragraph (1)(B), by striking ``United States; or'' and
inserting ``United States; and''; and
(2) by striking paragraphs (3) and (5); and
(3) by redesignating paragraphs (4), (6), (7), (8), and (9) as
paragraphs (3), (4), (5), (6), and (7), respectively.
(b) Section 203.--Subsection (b) of section 203 (20 U.S.C. 4353(b))
is amended to read as follows:
``(b) Independent Audit.--Gallaudet University shall have an annual
independent financial audit made of the programs and activities of the
University. The institution of higher education with which the Secretary
has an agreement under section 112 shall have an annual independent
financial audit made of the programs and activities of such institution
of higher education, including NTID, and containing specific schedules
and analyses for all NTID funds, as determined by the Secretary.
(c) Section 204.--Section 204 (20 U.S.C. 4354) is amended--
(1) in paragraph (1), by striking ``first time'' and inserting
``first-time'';
(2) in paragraph (2)(G)--
(A) by striking ``Individualized Education Programs'' and
inserting ``individualized education programs''; and
(B) by inserting ``or hard of hearing'' after ``children who
are deaf'';
(3) in paragraph (3), to read as follows:
``(3)(A) The annual audited financial statements and auditor's
report of the University, as required under section 203, and (B) the
annual audited financial statements and auditor's report of the
institution of higher education with which the Secretary has an
agreement under section 112, including specific schedules and
analyses for all NTID funds, as required under section 203, and such
supplementary schedules presenting financial information for NTID
for the end of the Federal fiscal year as determined by the
Secretary.''; and
(4) in paragraph (6), by striking ``Program is'' and inserting
``Program funds are''.
(d) Section 205.--Section 205(a) (20 U.S.C. 4355(a)) is amended--
(1) by inserting ``or hard of hearing'' after ``individuals who
are deaf''; and
(2) by striking ``the provisions of''.
(e) Section 206.--Section 206(b) (20 U.S.C. 4356(b)) is amended by
inserting ``or hard of hearing'' after ``individuals who are deaf''.
(f) Section 207.--Section 207 (20 U.S.C. 4357) is amended--
(1) in subsection (c)(3), by striking ``Advisory Board of NTID''
and inserting ``advisory group established under section 112'';
(2) in subsection (e), by striking ``investment limitations
and'' and inserting ``investment limitations or''; and
(3) in subsection (i), by striking ``the provisions of the
Education of the Deaf Act of 1986'' and inserting ``this Act as
enacted on August 4, 1986''.
(g) Section 209.--Section 209 (20 U.S.C. 4359) is amended--
(1) in subsection (a), by striking ``title II'' and inserting
``part B of title I''; and
(2) in subsection (b), by striking ``the provisions of''.
(h) Section 210.--Section 210 (20 U.S.C. 4360) is amended--
(1) in subsection (b), by striking ``75 percent beginning the
academic year 1993-1994, and 90 percent beginning the academic year
1994-1995'' and inserting ``75 percent for the academic year 1993-
1994 and 90 percent beginning with the academic year 1994-1995'';
and
(2) in subsection (c)--
(A) by striking ``Beginning the academic year 1993-1994 and
thereafter'' and inserting ``Beginning with the academic year
1993-1994''; and
(B) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively.
(i) Section 211.--Section 211(a) (20 U.S.C. 4361(a)) is amended by
redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2),
and (3), respectively.

0291645dca190a5e063e6e4476aaa2d7403f082b29faaf53bcf6ab9ff52b436c

SEVERELY DISABLED.
Section 1 of the Act entitled ``An Act to Create a Committee on
Purchases of Blind-made Products, and for other purposes'', approved
June 25, 1938 (commonly known as the Wagner-O'Day Act; 41 U.S.C. 46) is
amended by striking ``From People Who Are Blind and Severely Disabled''
and inserting ``From People Who Are Blind or Severely Disabled''.

df4a5b1d803e2860b9e822388a4bfcc5eaf155f0a7b104e1daf795ca53bc772c

TITLE III

-OTHER ACTS

Section 631(a) of the Individuals with Disabilities Education Act
(20 U.S.C. 1431(a)) is amended by redesignating the second paragraph
(8), as added by section 912(a) of the Rehabilitation Act Amendments of
1992 (Public Law 102-569), as paragraph (9).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

694500c8a3bb6b89a7469cffeecec32a8356bb849fb75dd76dd6a24fe5330997

Rehabilitation Act Amendments of 1993 — S. 1295

Other Sections

TITLE I

TITLE II

TITLE III

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