COVER PAGE [hard copy only] CONTENTS Page I. Introduction............................................ II. Background and Need for the Legislation................. III. Legislative Consideration and Votes in Committee........ IV. Explanation of the Bill and Committee Views............. V. Cost Estimate........................................... VI. Regulatory Impact Statement............................. VII. Section-by-Section Analysis............................. VIII. Changes in Existing Law................................. I. INTRODUCTION On July 29, 1992, the Committee on Labor and Human Resources, by a unanimous voice vote, ordered favorably reported S. 3065, the Rehabilitation Act Amendments of 1992. The bill is sponsored by Senator Tom Harkin, chairman of the Subcommittee on Disability Policy, and cosponsored by Senators Durenberger, Kennedy, Hatch, Dole, Simon, Jeffords, Adams, Kassebaum, Bingaman, Dodd, Pell, Wellstone, Cochran, Metzenbaum, Coats, and Mikulski. As approved by the Committee on Labor and Human Resources, S. 3065 reauthorizes the Rehabilitation Act of 1973, the Helen Keller National Center Act, and makes technical and conforming changes to other related programs. The purposes of this legislation are: (1) to ensure that the precepts and values embedded in the Americans with Disabilities Act are reflected in the Rehabilitation Act of 1973; (2) to improve the functioning of the vocational rehabilitation system by streamlining access, ensuring appropriate access for those individuals with the most severe disabilities, improving interagency working relationships and cooperation, improving relationships with business, industry, and labor, and providing for a comprehensive system of personnel development; (3) to promote a philosophy of independent living in order to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities and the integration and full inclusion of individuals with disabilities into the mainstream of American society by supporting statewide networks of centers for independent living and assisting states provide, expand, and improve the provision of independent living services; (4) to increase consumer choice and involvement at the individual level (individualized written rehabilitation program) and system level (creation of consumer councils); (5) to increase accountability and quality; (6) to ensure that basic formula grant programs remain state- of-the-art by ensuring that the discretionary programs of research, demonstrations, and training respond to identified needs; and (7) to update terminology. II. BACKGROUND AND NEED FOR LEGISLATION Legislative History The Rehabilitation Act Amendments of 1992 revise and extend the Rehabilitation Act of 1973. Section 2 of the Act specifies that the purpose of the Act is to develop and implement, through research, training, services, and the guarantee of equal opportunity, comprehensive and coordinated programs of vocational rehabilitation and independent living for individuals with disabilities in order to maximize their employment, independence, and integration into the workplace and the community. The Rehabilitation Act of 1973 includes seven titles. Sections 2 through 18 of the Act include general provisions and definitions. Title I of the Act includes the State formula grant program for providing vocational rehabilitation services to individuals with disabilities with the goal of competitive employment. This State-Federal program of vocational rehabilitation represents, over a span of 72 years, a partnership in providing services to individuals with disabilities. The law, as passed in 1973, requires that in the event that services cannot be provided to all eligible individuals with disabilities who apply, States must give priority to applicants with the most severe disabilities. Title II establishes the National Institute on Disability and Rehabilitation Research and authorizes research and related activities. The Institute administers a program of rehabilitation research including research and training centers, rehabilitation engineering centers, research and demonstration projects, field- initiated research projects, utilization and dissemination projects, innovative research grants and career development grants. Title III authorizes personnel training programs and special demonstrations. Training grants are authorized to assist in increasing the numbers of qualified personnel trained in providing services to individuals with disabilities. Funds are provided for long term training at the college and university level, experimental and innovative training, continuing education programs, in-service training for personnel of State agencies and training of interpreters for individuals who are deaf. The discretionary project authority funds demonstration programs that focus on the needs of persons with severe disabilities including supported employment and transition from school to adult services, projects for migratory workers with disabilities, recreational programs for individuals with disabilities, and other projects addressing current services issues. Title IV establishes the National Council on Disability. The National Council on Disability is an independent Federal agency whose duties include providing advice to Congress and the President on the development of programs under the Rehabilitation Act and reviewing and evaluating on a continuing basis all policies and programs for individuals with disabilities conducted or assisted by the Federal Government. Title V contains various civil rights provisions and establishes the Architectural and Transportation Barriers Compliance Board (hereinafter referred to as the "Access Board"). The function of the Access Board is to develop accessibility guidelines and to ensure compliance with Federal statutes requiring accessibility for persons with disabilities. Title VI includes authorization for funding Projects with Industry and supported employment programs. The primary goal of the discretionary Projects with Industry grant program is to expand job opportunities for individuals with disabilities in the competitive labor market. In order to develop a partnership between business, industry, labor and the rehabilitation community each project is required to have a Business Advisory Council to provide advice on available jobs and training requirements. The Rehabilitation Act Amendments of 1986 established a formula grant program to assist States in developing collaborative programs with public agencies and nonprofit organizations to provide training and other services leading to supported employment for individuals with severe disabilities. Title VII authorizes funding for comprehensive services for independent living, independent living centers, independent living services for older persons who are blind or visually impaired, and protection and advocacy of individual rights. This title was added by the 1978 amendments to the Rehabilitation Act to assist persons with severe disabilities to live independently in their communities. The Helen Keller National Center Act establishes the Helen Keller National Center for Deaf-Blind Youths and Adults, which provides services on a national basis to persons who are deaf- blind, their families, and service providers. The purpose of this program is to enhance opportunities for persons who are deaf-blind to live as independently as possible in their home communities. Hearing and Testimony The Subcommittee on Disability Policy held a hearing on Tuesday, June 30, 1992, to consider the reauthorization of the Rehabilitation Act of 1973, as amended. The first witness at the hearing was the Honorable Robert Graham, United States Senator from the State of Florida, testifying in regard to the needs of older persons who are blind or visually impaired for independent living services to help them adjust to blindness and to live more independently. The first panel consisted of Nell C. Carney, Commissioner, Rehabilitation Services Administration, United States Department of Education, accompanied by Dr. William Graves, Director, National Institute on Disability and Rehabilitation Research. In her testimony, Ms. Carney described the Administration's proposal for reauthorization of the Act. The second panel presented the perspective of two Federal entities involved in disability policy development. The members of the panel were Justin Dart, Chair, President's Committee on Employment of People with Disabilities, accompanied by Richard Douglas, Executive Director, President's Committee on Employment of People with Disabilities, and Sandra Swift Parrino, Chair, National Council on Disability. The third panel was made up of two former vocational rehabilitation clients, Dan Klint of Coon Rapids, Minnesota, and Randy Wagoner of Wilder, Vermont, who testified about their very different experiences with the State-Federal program. Mr. Klint found the system unresponsive in assisting him in finding a career suited to his personal strengths, priorities, abilities, and capabilities, while Mr. Wagoner found his vocational rehabilitation counselor supportive of his interests and career goals. The fourth panel represented the State vocational rehabilitation agency directors, professionals in the rehabilitation field and advocates for persons with disabilities. Those testifying were Elmer Bartels, Boston, Massachusetts, Commissioner, Massachusetts Rehabilitation Commission, on behalf of the Council of State Administrators of Vocational Rehabilitation, Dr. Ann Tourigny, Reston, Virginia, Executive Director, National Rehabilitation Association, and Paul Marchand, Washington, D.C., Director, The Arc, on behalf of the Employment and Training Task Force of the Consortium for Citizens with Disabilities. The fifth panel presented testimony regarding the independent living and supported employment programs. The panel members were P. Alistar (Al) McKinnon, Albany, New York, on behalf of Larry Gloeckler, Deputy Commissioner, New York State Education Department, Office of Vocational and Educational Services for Individuals with Disabilities, Bonnie O'Day, Boston, Massachusetts, on behalf of the National Council on Independent Living, and Wendy Wood, Richmond, Virginia, Executive Director, Association for Persons in Supported Employment. The sixth panel testified on the research, training and Projects with Industry programs authorized by the Act. The panel participants were H. Rutherford Turnbull, Lawrence, Kansas, Co- Director, Beach Center on Families and Disability, Dr. Gregg C. Vanderheiden, Madison, Wisconsin, Director, Trace Research and Development Center, Dr. Donald Dew, Washington, D.C., Director, Regional Rehabilitation Continuing Education Program, George Washington University, and Charles Harles, Washington, D.C., Executive Director, Inter-National Association of Business, Industry and Rehabilitation. Importance of the Program Nell Carney, Commissioner of the Rehabilitation Services Administration, in her testimony before the Subcommittee on Disability Policy, called the Rehabilitation Act of 1973, as amended, "the foremost legislation that provides services to adults with disabilities in this country." The Rehabilitation Act is seen by leaders of the disability community as the major program under which persons with disabilities can be prepared to take advantage of the opportunities potentially available to them under the Americans with Disabilities Act of 1990. Paul Marchand, Director of the Arc and Chair of the Consortium for Citizens with Disabilities, testified before the Subcommittee on behalf of the Employment and Training Task Force of CCD: Despite the great promise of ADA, however, people with disabilities and their advocates realize that they need skills, training, and other supports in order to successfully enter, reenter, and remain in the work force. No program holds greater promise to prepare people with disabilities to become productive citizens than those contained in the Rehabilitation Act. . . . No federal, state or local program holds more promise for moving people with disabilities from dependency to productivity and independence. While the ADA bars employment discrimination and opens the doors of opportunity, persons with disabilities need the skills and support services that will enable them to achieve their career goals. Randy Wagoner, a former vocational rehabilitation client who is now working for himself as a private consultant providing technical assistance and training regarding the accessibility provisions of the Americans with Disabilities Act, testified about the importance of work to him and how the vocational rehabilitation program assisted him: Getting a job was essential to me at this point in my life. Without a job I couldn't afford a car. Without a car I could not be independent. Chances are that I would have ended up dependent on disability benefits for most of my life. Working gave me self- confidence and made me feel that I was doing something useful and worthwhile. I can't emphasize enough how important this sense of self-esteem is to me and others with a disability. . . . At a time in my life when it was most important, the Vermont Division of Vocational Rehabilitation helped me find a good job. . . . In closing, I want to emphasize the importance of the Rehabilitation Act in the lives of people with disabilities. For me, it made a clear difference. Elmer Bartels explained the relationship between the Americans with Disabilities Act and the Rehabilitation Act in his testimony on behalf of the Council of State Administrators of Vocational Rehabilitation: [The Council of State Administrators of Vocational Rehabilitation] is ever mindful that the vast opportunities for employment for persons with disabilities provided by the passage of the ADA are available only to those who are "otherwise qualified." We salute [the efforts] to use this re-authorization to strengthen our Nation's commitment to making more persons with disabilities "otherwise qualified." The Rehabilitation Act is the principal means by which this Nation determines its priorities and commits its public resources to assisting persons with disabilities to become employed, in order to truly live independently. The relationship between the Rehabilitation Act and the Americans with Disabilities Act was also addressed by Justin Dart, Chair of the President's Committee on the Employment of People with Disabilities, at the beginning of the reauthorization process. Mr. Dart noted the importance of the Rehabilitation Act of 1973 so eloquently when he wrote: July 26, 1990 marked the beginning of a new era of independence and civil rights achievement for 43 million Americans with disabilities. These goals cannot be realized without resources to help citizens with disabilities prepare for the workplace of the future. The major force for such preparation has been, and will continue to be, the State/Federal Vocational Rehabilitation Program. For over 50 years, this program has unlocked the doors leading to dignity and self-sufficiency for literally millions of Americans with disabilities. As the period for reauthorization of the Rehabilitation Act draws near, we need our most creative thinking to forge a comprehensive Act that will enable us to respond to the work preparation needs of any individual who wants to work, regardless of the severity of his or her disability. Issues Raised Based upon testimony by witnesses at the June 30, 1992, hearing, additional written testimony submitted for the record, and discussions with all interested parties, including experts in the rehabilitation field, representatives of organizations representing individuals with disabilities, representatives of various State and Federal agencies, representatives of providers of rehabilitation services, several common themes emerged regarding the changes needed. From the testimony and discussions, it became apparent that several themes cut across all programs in the Act. These include keeping the programs authorized under this Act cutting edge, state- of-the-art, and consumer responsive, reflecting the precepts and values of the Americans with Disabilities Act, increasing consumer choice and involvement, increasing accountability and quality, and updating the terminology. The need for changes in each of these areas is discussed below. Precepts and Values of the Americans with Disabilities Act Witnesses at the Subcommittee hearing testified repeatedly regarding the importance of the passage of the Americans with Disabilities Act and the need to include the philosophies embodied in the ADA in the Rehabilitation Act. Nell Carney, Commissioner of the Rehabilitation Services Administration, stated in her testimony that "[w]ith the advent of the Americans with Disabilities Act, it is essential that the Rehabilitation Act continue to complement the ADA in opening doors for individuals with disabilities at the workplace and in the community." Justin Dart, Chair of the President's Committee on the Employment of People with Disabilities, testified: But the promise of ADA cannot be kept without a strong, independence oriented Rehabilitation Act. The Rehabilitation Act is a good law with a long record of solid contribution to the productivity and quality of life of people with disabilities. Like the Model T and the DC 3 it has been so successful that it demands dynamic development to fulfill the magnificent potential which it has helped to create. There are millions of people with disabilities previously assumed to be unemployable that we now know can be productive participants in the culture - if they have appropriate opportunities and services. In light of the ADA, numerous groups including the Consortium for Citizens with Disabilities and the National Council on Disability recommended that the values and principles underpinning the ADA be incorporated into the Rehabilitation Act. These values and principles include the right of persons with disabilities to independence, inclusion, choice and self-determination, and access (including communication and personal assistance services) and respect for individual differences. Many groups made recommendations that there be a "presumption" that individuals with disabilities are capable of working, with a priority on integrated employment and the pursuit of meaningful careers. Many people see the Rehabilitation Act as the primary vehicle to implement the promise of the ADA of breaking down the artificial and attitudinal barriers that have prevented people with severe disabilities, including those with the most severe disabilities, from participating in the economic, political and social mainstream of American life. In the introduction of its recommendations on the reauthorization, the Consortium for Citizens with Disabilities wrote: The disability community has been significantly impacted by the Americans with Disabilities Act. Through this landmark Act the work, recreation, transportation, discharge of personal and civic responsibilities, and living independently have become all legally accessible. In fact, we have mandated to most of the "world" that it make itself accessible to individuals with disabilities, that "reasonable accommodations" become available to guarantee this accessibility to things that are "normal" for people who are not disabled. We can expect no less from the rehabilitation system. Basic State Grant Program A. Access Improved access to the vocational rehabilitation system was a recurrent theme of those making recommendations for changes in the Rehabilitation Act. Wendy Wood, Executive Director of the Association for People in Supported Employment, discussed the advances in rehabilitation services that have proven the designation of "unemployable" or "not feasible for employment" at the eligibility phase is often a poor predictor of the ultimate employment outcome for many persons with disabilities. She testified, "I hear of far too many individuals who go through elaborate and costly evaluations only to be labelled unemployable." Paul Marchand described access to services based on feasibility for employment as "the most difficult and frustrating road block to establishing eligibility for State vocational rehabilitation services." He described the recommended changes: The net effect of these changes would shift the focus of the vocational rehabilitation program to presuming individuals with disabilities can profit from vocational rehabilitation services and become employed. This fundamental change will create new opportunities for individuals with disabilities to obtain and maintain employment rather than the current system which accentuates predictions of outcomes which too often exclude people from service. Another theme was that access into the system needs to be streamlined. Many recommendations were made to make entry into the vocational rehabilitation system faster, easier, and more understandable. Sandra Parrino, Chair of the National Council on Disability, testified that, during the public hearings the Council held on the reauthorization of the Rehabilitation Act, the Council "heard from many people with disabilities that they have waited for several months to learn whether or not they were eligible for services." One of the recommendations made to improve access to the vocational rehabilitation system was to develop ways to rely on information that is already available to avoid costly duplication and time delays. Other areas of improved access to services that were addressed in recommendations included improving the working relationships with special education to allow for a smoother transition from school to vocational rehabilitation services, and the provision of rehabilitation technology, personal assistance services, and situational assessments in making eligibility determinations. All of these would allow certain applicants of vocational rehabilitation services to better access and then profit from the services offered by vocational rehabilitation. B. Working relationships among agencies Related to the theme of improving access to vocational rehabilitation services for persons with disabilities, particularly those with the most severe disabilities, is the theme that there is a need to improve the working relationships with other agencies and with business, industry and labor. Recommendations were received that reflect the belief of many that improved cooperation with other agencies will assist in improving the efficiency of the vocational rehabilitation system both in terms of determining eligibility and in providing all of the services an individual may need to gain and retain employment. Such improved working relationships are necessary to facilitate client access to services needed to gain a successful employment outcome, but not provided directly by the vocational rehabilitation program. Better coordination between the State educational agencies and the State vocational rehabilitation agencies was a common recommendation. Some students with disabilities need the services provided by the school system to be coordinated with the vocational rehabilitation services that are available after graduation from school. Many hope to see the systems complement each other more so that there is no interruption in services upon graduation, when needed. The need for cross agency training to improve the knowledge, skills, and attitudes of staff of both vocational rehabilitation and other agencies in order to improve client access to the full array of available services was also expressed by many. C. Strategic planning Many commentators expressed the benefit of State vocational rehabilitation agencies developing statewide strategic plans for the development and use of innovative approaches to expand and improve the vocational rehabilitation services available within the State through improved interagency coordination, new service options, and ease of access of individuals into the vocational rehabilitation system. In light of the fact that the need for services is greater than the resources available to provide them, many commentators recommended that these types of creative approaches to the expansion and improvement of services should be pursued by the States. The experiences of those States that have received systems change grants to develop supported employment options illustrate the impact that systems change can have on the services provided by a particular State. In a study entitled "A National Analysis of Supported Employment Growth and Implementation Fiscal Years 1986- 1989" done by Virginia Commonwealth University, it was concluded that the systems change grants authorized under title III were of tremendous assistance to the recipient States in implementing supported employment. The States receiving these grants showed greater growth in the number of supported employment participants, in the number of provider agencies, and in State expenditures for supported employment than did the States that did not receive systems change grants. Consumer Choice and Involvement Numerous witnesses and commentators recommended that changes be made in the Act to reflect increased choice and involvement on the part of the clients of the vocational rehabilitation programs both at the individual and the policy level. Bonnie O'Day, testifying on behalf of the National Council on Independent Living, stated that "[i]f the programs contained in the [Rehabilitation] Act are to attain any measure of success, the locus of control of the rehabilitation process must be shifted from the rehabilitation counselor to the consumer." Many commented that the system must become more supportive of the individual's goals and aspirations and that there must be a stronger role for individuals with disabilities in making choices regarding their training, work, and career choices. The testimony before the Subcommittee of two former clients of vocational rehabilitation illustrates the importance of client choice and involvement at the individual level. Dan Klint wanted to be a lawyer and was dissuaded and discouraged by his vocational rehabilitation counselor. Despite the lack of support from vocational rehabilitation, he went to law school and received a joint law degree and masters of business administration. He is now a practicing attorney who feels strongly that the vocational rehabilitation system needs to be changed to ensure the involvement of clients in determining their own vocational goal and the services necessary to reach the goal. Randy Wagoner, on the other hand, felt that his counselor was supportive of his choices during the process including when the counselor found a possible job placement that Randy rejected as not meeting his need for a job with the possibility of career advancement. Recommendations for changes to the Act were made in order to ensure that the experience that Randy had is available to all clients of the vocational rehabilitation system. Dr. Donald Dew, professor of counseling at George Washington University, included his reaction to Mr. Klint's experience in his testimony. He stated that "we do not feel that that is serving the persons with disabilities in the proper way." He went on to describe the work of rehabilitation educators: We need to work to make sure that those service providers who are out there throughout the country--and it will always be the individual's choice--but by and large, those service providers are well-qualified, well- trained, and do the job they need to do, particularly when we talk about technology and the body knowledge and the skills that a rehabilitation counselor has to have today. Many groups recommended that the vocational rehabilitation and independent living programs have consumer councils to provide advice on policy development and program priorities. This recommendation stipulated that the majority of the members of the consumer councils should be individuals with disabilities. In testifying to the need for consumer advisory councils, Paul Marchand stated: It is vital that people with disabilities, and where appropriate, their family and representatives, have a voice in the vocational rehabilitation process. . . . [Consumer Advisory Councils] would play a significant role in the development of the vocational rehabilitation and independent living state plans, help establish funding priorities and serve as a conduit for additional citizen input. These councils would play instrumental roles in the systemic issues facing the vocational rehabilitation and independent living state programs. Others noted the need for this kind of consumer involvement in the development of priorities for the National Institute of Disability and Rehabilitation Research. Both the Consortium for Citizens with Disabilities and the National Association of Rehabilitation and Training Centers recommended the creation of a research advisory council to assist NIDRR in the development of its long-range plan and to advise the Director on research priorities and policies. Rud Turnbull, Co-Director of the Beach Center on Families and Disability, testified that "the research programs should involve persons with disabilities, their families, researchers and providers of rehabilitation service in establishing policies and priorities for research, in the conduct of research, and in the dissemination and utilization of research results." Accountability and Quality In her testimony, Nell Carney reported that the Administration was recommending that there be changes to improve program accountability through the establishment of evaluation standards and performance indicators for the basic State grant program under title I. Wendy Wood commented in her testimony on the importance of monitoring the quality of the vocational rehabilitation programs in light of the views of the clients of those programs: We must be clear about who the customers of rehabilitation services are, we must work hard to monitor the satisfaction of these customers, and we must design our systems to assure that our limited resources will be allocated to services which are time tested and approved by a satisfied customer clientele. Independent Living Program A number of recommendations were made for changes in the independent living program. There was agreement that the philosophy of the independent living movement of consumer control and empowerment should be reflected in the legislation. Nell Carney recognized the focus on consumer control in her testimony: [The Administration] is aware that there is much interest among our constituency to seek greater choice and involvement in the vocational rehabilitation and independent living service systems. In order to ensure consumer control of independent living centers, many recommended that standards be incorporated into the bill that would require that centers be consumer controlled, private, nonprofit organizations. Other recommendations for standards included that centers serve cross disability, provide outreach to unserved and underserved populations, and provide specified core services. Many recommendation were made regarding the manner in which the centers should be funded. Commentators made recommendations to ensure that centers are able to advocate vigorously for individuals with disabilities even though this may mean advancing a position that the State vocational rehabilitation agency does not support. Bonnie O'Day described the issue in her testimony: Very often, it is difficult for independent living centers to serve as advocates if the entire amount of their funding is coming through the State vocational rehabilitation agency. Often, independent living centers, according to their mandate, are providing true advocacy services, and oftentimes this means advocacy, if you will, against the State agency. It is difficult for centers to do that if the State provides their primary funding source. John Chappell, Deputy Commissioner for Independent Living for the Massachusetts Rehabilitation Commission, commented on the relationship between the State vocational rehabilitation agency and the independent living centers during testimony before the National Council on Disability: [I]t demonstrates the need to strengthen the role of the independent living council and the rewriting of the Act to ensure a more interrelated and coordinated approach to providing services. The goal of this strengthening is to create a better partnership and provide more consumer control over the way services are provided. Research, Demonstration Projects, and Training Programs Another theme emerging from the testimony was that the National Institute on Disability and Rehabilitation Research needs to expand their efforts to address the research needs of the State vocational rehabilitation, supported employment and independent living programs. Elmer Bartels in asking that the Subcommittee "provide strong direction to the National Institute and re-direct its resources to placing a priority on research leading to the improved effectiveness of the Vocational Rehabilitation Program" testified that: [I]n recent years, the [National Institute for Disability and Rehabilitation Research] has not adequately supported research into the needs of adults with disabilities. Today, the NIDRR provides only a minuscule amount of money related to the Vocational Rehabilitation Program, even though this program constitutes 50 percent of the budget of the Office of Special Education and Rehabilitative Services. In terms of the concerns regarding the research into technology to assist individuals with disabilities, Paul Marchand noted that: Too frequently research is done in isolation of input from the disability community, often without the knowledge of what currently exists or what is really needed. Too often technology is developed which sits on the shelf, unused. Recommendations were made by the various groups to include knowledgeable persons with disabilities and their family members in the peer review process and to create a research advisory council to play a key role in developing a long range plan and set research priorities. Witnesses were united in their concern about the need for an emphasis on inservice training. The Consortium for Citizens with Disabilities recommended that inservice training address the recruitment and retention of qualified staff and, during 1993 and 1994, provide training on the amendments to assure full and prompt compliance with the changes made by this reauthorization. The advocacy groups agree that supported employment, independent living, and rehabilitation technology personnel should be included in the categories of personnel to receive training under title III of the Act. Several demonstration projects received strong support from the disability community and others. These include demonstrations in client choice, case closure alternatives, and transition from segregated living environments to community based independent living programs. Terminology The witnesses and those making recommendations to the Subcommittee are in total agreement that the language in the Act needs to be updated to include the current preferred term "person with a disability" because it recognizes the primacy of the person, not the disability and focuses on the abilities not the limitations of people with disabilities. Ann Tourigny, testifying for the National Rehabilitation Association, explained the importance of placing person first in the language of the bill when she stated that "[l]anguage which places emphasis on the person first denotes respect and recognition of the individual." Sandra Parrino explained the reason for the change from the word "handicapped" to the word "disability" in her written testimony: It is important to note that the word "handicap" has as one of its definitions: "a disadvantage or deficiency, especially an anatomical, physiological, or mental deficiency, that prevents or restricts normal achievement." Many feel that "handicap" has become a pejorative word; whereas the phrase "people, person, individual with a disability" is more acceptable. The National Council on Disability, the National Institute on Disability and Rehabilitation Research, and the President's Committee on the Employment of People with Disabilities had the word "handicapped" stricken from their title and, thus it should be removed from this important piece of legislation. Other recommendations for changes in language included changing "rehabilitation engineering" to "rehabilitation technology" to conform with the Technology Act of 1988 and changing "rehabilitation facility" to "community rehabilitation program" to reflect the changing role of programs providing services to indivi duals with disabilities in the community. III. LEGISLATIVE CONSIDERATION AND VOTES IN COMMITTEE At the request of all members of the Subcommittee on Disability Policy, the bill was considered directly by the Committee on Labor and Human Resources. In an executive session of the Committee on Labor and Human Resources on Wednesday, July 29, 1992, the motion to favorably report the bill as introduced, with technical and conforming amendments, was passed unanimously by voice vote of the Committee. IV. EXPLANATION OF THE BILL AND COMMITTEE VIEWS TITLE I-ADMINISTRATION AND VOCATIONAL REHABILITATION SERVICES FINDINGS, PURPOSE, AND POLICY. Section 101 of the bill amends section 2 of the Act to specify congressional findings, purpose, and policy for the entire Act. The statement of purpose and policy is a reaffirmation of the precepts of the Americans with Disabilities Act, which has been referred to as the 20th century emancipation proclamation for individuals with disabilities. It is the Committee's intent that these principles guide the policies, practices, and procedures developed under all titles of the Act. 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 live independently; enjoy self-determination; make choices; contribute to society; pursue meaningful careers; and 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 make informed choices and decisions; and to achieve equality of opportunity, full inclusion and integration in society, employment, independent living, and economic and social self-sufficiency, for such individuals. The purpose of this Act is to empower individuals with disabilities to achieve economic self-sufficiency, independence, and inclusion and integration into 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. 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. The Committee makes special note of the inclusion of the requirement that all programs ensure equal access, "including the use of accessible formats." By including this provision, the Committee intends that materials produced by recipients of funds under this Act, such as brochures, reports, individual case plans and other information necessary to carry out the purposes of this Act should be produced in a format which is usable by individuals with disabilities. The terms "inclusion and integration" are included in this section of the bill, in the findings, purpose, and policy section of title I, and in numerous other places throughout the Act. The Committee intends these references to reinforce the principle that individuals with disabilities, regardless of the nature, type, or severity of disability, should have the same opportunity as their nondisabled peers to experience and enjoy working, leisure time activities, and other life experiences in our society. The Committee recognizes the critical role a parent, family member, guardian, advocate, or authorized representative can play in supporting an individual with a disability, if the individual with a disability requests, desires, or needs such support. The Committee wishes to emphasize that the legally competent individual must decide the level of involvement of family members or advocates which he or she desires. DEFINITIONS. Section 102 of the bill amends section 7 of the Act to clarify, update, and add new definitions applicable to the entire Act. Designated State agency. Section 7(3) of the Act is amended by making the term "designated State agency" a defined term under the Act. The bill simply incorporates by reference section 101(a)(1)(A) of current law for the text of the definition. The Committee reaffirms current policy under which States may use a legislatively-based State commission or board made up of a majority of individuals with disabilities to serve as the designated State agency. Such commissions or boards can allow for greater consumer involvement and input in the direction of the vocational rehabilitation program within a State. However, the Committee believes that such a body can perform adequately as the designated State agency only when it is vested with policy-making authority, meets on a regular and frequent basis to allow for the proper administration of the State plan, and has the authority to make decisions regarding the selection and retention of staff within the designated State unit. Employment Outcome. Section 7(6) of the Act (definition of the term "employability" in current law) is amended by substituting the term "employment outcome" and amending the definition to read as follows: The term "employment outcome" means, with respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market (including satisfying the vocational outcome of supported employment) or satisfying any other vocational outcome the Secretary may determine, consistent with this Act. The Committee notes that the term "employment outcome" is discussed more fully in the section of the report concerning determinations of eligibility. Individual With a Disability. Several changes are made to the definition of the term "individual with a disability." First, Section 7(8) is amended to read as follows: The term "individual with a disability" means any individual who (i) has a physical or mental disability which for such individual constitutes or results in a substantial impediment to employment and (ii) can benefit in terms of an employment outcome from vocational rehabilitation services provided pursuant to titles I, III, and VI of this Act. This amendment reaffirms the continued employment focus of title I of the Act. Second, the bill incorporates the exclusions from the term "individual with a disability" which are set forth in the Americans with Disabilities Act as such term is used for purposes of sections 501, 503, and 504 of the Rehabilitation Act of 1973. Federal share. The bill simplifies the matching provisions in the Act. Under the bill, the Federal share is set at 78.7 percent, which is the current percentage under the current two-tiered system. The Committee believes that this change will simplify the administration of this provision. Personal Assistance Services. Section 7 is amended by inserting the following new definition: The term "personal assistance services" means a range of services provided by one or more persons designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability. Rehabilitation Technology. The bill substitutes the phrase "rehabilitation technology" for the phrase "rehabilitation engineering." However, the Committee wishes to emphasize that the bill retains the current definition, which specifies that the term means "the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by individuals with disabilities in areas which include education, rehabilitation, employment, transportation, independent living, and recreation. The Committee recognizes that several terms are used in the field to connote activities related to technology design and utilization, including rehabilitation engineering, assistive technology devices, assistive technology services, and rehabilitation technology. The Committee decided to use the term "rehabilitation technology" to reflect all activities previously incorporated under the term "rehabilitation engineering" and clarifies that the term includes assistive technology devices and assistive technology services. Accordingly, the bill adds at the end of the definition the following: "The term includes rehabilitation engineering, assistive technology devices and assistive technology services.'' The bill defines the latter terms using the same definitions set forth in the Technology-Related Assistance for Individuals With Disabilities Act of 1988. Individual With a Severe Disability. With respect to title I, technical and conforming changes are made to the definition of the term "individual with a severe disability," as set forth in section 7(15). The bill amends the term as it is used in title VII of the Act. For purposes of title VII, the term "individual with a severe disability" is amended to mean: an individual with a severe physical or mental impairment whose ability to function independently in the family or community or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of independent living services will improve the ability to function, continue functioning, or move towards functioning independently in the family or community or to continue in employment, respectively. Assessment for determining eligibility and vocational rehabilitation needs. The bill strikes the term "evaluation of rehabilitation potential" and replaces it with the term "assessment for determining eligibility and vocational rehabilitation needs." This change more accurately reflects the uses of the assessment: (1) determining eligibility, (2) assigning the priority in the States that use an order of selection, and (3) determining the contents of the individualized written rehabilitation program. The term is defined to mean, as appropriate in each case- (A)(i) a review of existing data- (I) to determine whether an individual is eligible for vocational rehabilitation services; and (II) to assign the priority described in section 101(a)(5)(A) in the States that use an order of selection pursuant to section 101(a)(5)(A); and (ii) to the extent additional data is necessary to make such determination and assignment, a preliminary assessment of such data (including the provision of goods and services during such assessment); (B)(i) to the extent additional data is necessary, a comprehensive assessment of the unique strengths, resources, priorities, interests, and needs, including the need for supported employment, of an eligible individual to make a determination of the goals, objectives, nature, and scope of vocational rehabilitation services to be included in the individualized written rehabilitation program of the individual, which comprehensive assessment may include- (I) to the degree needed to make such a determination, an assessment of the personality, interests, interpersonal skills, intelligence and related functional capacities, educational achievements, work experience, vocational aptitudes, personal and social adjustments, and employment opportunities of the individual, and the medical, psychiatric, psychological, and other pertinent vocational, educational, cultural, social, recreational, and environmental factors, that affect the employment and rehabilitation needs of the individual; and (II) an appraisal of the patterns of work behavior of the individual and services needed for the individual to acquire occupational skills, and to develop work attitudes, work habits, work tolerance, and social and behavior patterns necessary for successful job performance, including the utilization of work in real job situations to assess and develop the capacities of the individual to perform adequately in a work environment; and (ii) the administration of the assessment described in clause (i); (C)(i) referral; (ii) where appropriate, the provision of rehabilitation technology services, to an individual with a disability to assess and develop the capacities of the individual to perform in a work environment; and (iii)(I) the provision of vocational rehabilitation services to an individual for a total period not in excess of 18 months for the limited purpose of making determinations regarding whether an individual is eligible for vocational rehabilitation services and regarding the nature and scope of vocational rehabilitation services needed for such individual; and (II) an assessment at least once in every 90-day period during which such services are provided, of the results of the provision of such services to an individual to ascertain whether any of the determinations described in subclause (I) may be made. The policy of using existing data is discussed in the section of the report describing the State plan. The Committee wishes to emphasize the significance of the provision that in appropriate situations (particularly if the individual has not been employed in a competitive work situation in the past), assessments include the utilization of work in real job situations to assess and develop the capacities of the individual to perform adequately in a work environment. Situational assessment approaches place the individual in a range of simulated and real work settings with supports, as necessary, in order to identify the general skills, work performance, attitudes, and behaviors that are necessary for the individual to perform specific job tasks. The Committee intends that such a situational assessment be used whenever possible and appropriate. The Committee also wishes to emphasize that the assessments include the provision of any goods and services that are needed to assess the individual's unique strengths and needs in the most effective manner possible. These goods and services may include, where appropriate, rehabilitation technology, particularly when the individual's disability is severe. Personnel with expertise and skills in rehabilitation technology needs, experience, and knowledge of the individuals receiving the assessment must be considered and utilized during the assessment process. These personnel may include such individuals as occupational therapists, physical therapists, speech-language pathologists, prosthetists, orthotists, and rehabilitation technologists, rehabilitation engineers, and other individuals trained in the field of assistive technology. Finally, the Committee intends that psychological testing may include neuropsychological testing, if appropriate for the individual. Community rehabilitation program. The bill strikes the term "rehabilitation facility" and replaces it with the term "community rehabilitation program" which means: a program that provides directly or facilitates the provision of vocational rehabilitation services to individuals with disabilities, and that provides singly or in combination, for an individual with a disability to enable the individual to maximize opportunities for employment, including career advancement. The bill also updates the list of services that may be provided "singly or in combination." The purpose of the change in terminology from "rehabilitation facility" to "community rehabilitation program" is to reflect the broad array of service providers offering community- based rehabilitation services. The change recognizes that the term "facilities" did not include many of the new and emerging providers of services or recognize those agencies which facilitate the provision of needed services in numerous community locations. The change also emphasizes the move towards ever increasing community-based services and approaches, including those offered by the traditional rehabilitation facilities. Impartial hearing officer. The term "impartial hearing officer" means an individual- (i) who is not an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education as defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a))); (ii) who is not a member of the State Rehabilitation Advisory Council; (iii) who has not been involved in previous decisions regarding the vocational rehabilitation of the applicant or client; (iv) who has knowledge of the delivery of vocational rehabilitation services, the State plan under section 101, and the Federal and State rules governing the provision of such services and training with respect to the performance of official duties; and (v) who has no personal or financial interest that would be in conflict with the objectivity of the individual. (B) An individual shall not be considered to be an employee of a public agency for purposes of subparagraph (A)(i) solely because the individual is paid by the agency to serve as a hearing officer. The Committee intends the term "administrative law judge" to include any individual serving in a capacity which is similar to that of administrative law judges who adjudicate claims for Social Security Disability Insurance benefits or Supplemental Security Income payments. The Committee also intends that the term "hearing examiner" includes any individual serving in a capacity similar to that of the impartial hearing officer under this Act. The Committee notes that the requirement regarding the knowledge and training of the individual is included to encourage utilization of a broad spectrum of individuals. Those individuals whose primary area of expertise is in rehabilitation services should receive formal training in the performance of their official duties. This training should cover the conduct of impartial fair hearings, the legal standards to be applied, and the weighing of evidence used in rendering a decision. The provision regarding conflict of interest should be broadly construed. For example, an individual who is a principal in a private entity that contracts with the State agency should not serve as an impartial hearing officer. Independent living core services. The term "independent living core services" means- (A) information and referral services; (B) independent living skills training; (C) peer counseling (including cross-disability peer counseling); and (D) individual and systems advocacy. The Committee intends that "individual and systems advocacy" include community advocacy and advocacy related to policymakers. The Committee recognizes that independent living skills training has been determined by practice in the field. The areas of training may include, but are not limited to: money management, management of personal assistance services, health management, job seeking, use of public transportation, and other activities of daily living. Independent living services. The term "independent living services" includes- (A) independent living core services; and (B)(i) counseling services, including psychological, psychotherapeutic, and related services; (ii) services related to securing housing or shelter and supportive of the purposes of this Act and of the titles of this Act, and adaptive housing services (including appropriate accommodations to and modifications of any space used to serve, or occupied by, individuals with disabilities); (iii) rehabilitation technology; (iv) mobility training; (v) services for individuals with cognitive and sensory disabilities, including life skills training, interpreter and reader services; (vi) personal assistance services, including the training of personnel providing such services; (vii) supported living; (viii) transportation; (ix) physical rehabilitation; (x) therapeutic treatment; (xi) prostheses and other appliances and devices; (xii) health maintenance; (xiii) individual and group social and recreational services; (xiv) services for children; (xv) appropriate preventive services to decrease the need of individuals assisted under this Act for similar services in the future; and (xvi) such other services as may be necessary and not inconsistent with the provisions of this Act. The Committee intends that the term "supported living" refers to an array of services and assistance which an individual with a disability receives to strengthen his or her capacity to reside in the community. Supported living focuses on the individual's strengths and needs and provides the necessary supports so that the person with a disability can live wherever he or she chooses. The Committee revises the definition of independent living services to include services to individuals with cognitive disabilities and adds "life skills training" as a service. The availability of life skills training services would significantly benefit this underserved population. For example, adults with cognitive impairments often experience greater difficulty in successfully integrating into the community unless they are trained in such basic skills as personal grooming, dressing, and crossing streets. With these and other skills, people with mental and cognitive impairments can live productive lives and be integrated into our society. Definitions related to supported employment. The bill includes several definitions applicable to satisfying the employment outcome of supported employment. These definitions are applicable to the entire Act. The specific provisions applicable to the supported employment State grant program under title VI, part C are discussed later in this report. Supported Employment. Section 7(18) is amended to read as follows: The term "supported employment" means- competitive work in integrated work settings for those individuals with the most severe disabilities- (i)(I) for whom competitive employment has not traditionally occurred; or (II) for whom competitive employment has been interrupted or intermittent as a result of a severe disability; and (ii) who, because of the nature and severity of their disability, need intensive supported employment services or extended services in order to perform such work. Such term includes transitional employment for persons who are individuals with the most severe disabilities due to mental illness. The Committee intends to emphasize the intensity of services but, does not intend that the Secretary, when promulgating regulations, place specific numerical requirements or other arbitrary limits to further define this phrase. The determination of the specific supports required by individuals in supported employment programs should be on a case by case basis, in accordance with the unique needs and desires of these individuals. Supported employment services. The term "supported employment services" means- ongoing support services and other appropriate services needed to support and maintain an individual with the most severe disability in supported employment, that- (A) are provided singly or in combination and are organized and made available in such a way to assist an eligible individual in entering or maintaining integrated, competitive employment; (B) are based on a determination of the needs of an eligible individual, as specified in an individualized written rehabilitation program; and (C) are provided by the designated State unit for a period of time not to extend beyond 18 months, unless under special circumstances the eligible individual and the rehabilitation counselor or coordinator jointly agree to extend the time in order to achieve the rehabilitation objectives identified in the individualized written rehabilitation program. Extended services. The term "extended services" means- ongoing support services and other appropriate services, needed to support and maintain an individual with the most severe disability in supported employment, that- (A) are provided singly or in combination and are organized and made available in such a way as to assist an eligible individual in maintaining integrated, competitive employment; (B) are based on a determination of the needs of an eligible individual, as specified in an individualized written rehabilitation program; and (C) are provided by a State agency, a nonprofit private organization, employer, or any other appropriate resource, after an individual has made the transition from support provided by the designated State unit. Ongoing support services. The term "ongoing support services" means- services- (A) provided to individuals with the most severe disabilities; (B) provided, at a minimum, twice monthly- (i) to make an assessment, regarding the employment situation, at the worksite of each such individual in supported employment, or, under special circumstances, especially at the request of the client, off site; and (ii) based on the assessment, to provide for the coordination or provision of specific intensive services, at or away from the worksite, that are needed to maintain employment stability; and (C) consisting of- (i) a particularized assessment supplementary to the comprehensive assessment described in paragraph (22)(B); (ii) the provision of skilled job trainers who accompany the individual for intensive job skill training at the work site; (iii) job development and placement; (iv) social skills training; (v) regular observation or supervision of the individual; (vi) follow-up services such as regular contact with the employers, the individuals, family members, guardians, or legal representatives of the individuals, and other suitable professional and informed advisors in order to reinforce and stabilize the job placement; (vii) facilitation of natural supports at the worksite; (viii) any other service identified in section 103; or (ix) a service similar to another service described in this subparagraph. The Committee intends that services that may be considered "ongoing support services" include: transportation, communication, personal assistance services, rehabilitation technology, job redesign, environmental adaptations, social skills training, counseling, or other emotional support, and family support. With respect to assessments, the Committee expects that assessments of supports shall occur, in most instances, at the worksite. However, under special circumstances, especially at the request of the client, it may be more appropriate to assess the employment situation off-site. For example, an individual with severe mental illness may not want his or her job development specialist to come to the job site because of the very prevalent stigma in our society towards individuals with this disability. Anxiety resulting from the presence of a job development specialist could prove to be a significant barrier to success in the job. In such situations, assessments and determinations of specific intensive services needed to maintain employment may occur off- site. The Committee wishes to emphasize that the supports to be provided must still be intensive in nature and should involve personal contact between the client, the job development specialist and other individuals involved in the provision of supports. Transition services. The term "transition services" means a coordinated set of activities for a student that- (A) are designed within an outcome-oriented process that promotes movement from school to postschool activities, including postsecondary education, vocational training, integrated competitive employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; (B) are based on the needs of the individual student, taking into account the preferences and interests of the student; and (C) include instruction, community experiences, the development of employment and other postschool adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation. The Committee notes that this definition is taken from part A of the Individuals with Disabilities Education Act. ALLOTMENT PERCENTAGE. Section 103 of the bill amends section 8(a)(1) of the Act 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)". NONDUPLICATION. Section 104 of the bill amends the second sentence of section 10 of the Act by striking "rehabilitation facilities" and inserting "community rehabilitation programs." REPORTS. Section 105 of the bill amends the fourth sentence of section 13 of the Act by inserting "including types of rehabilitation technology services provided," after "types of services provided." Currently, section 13 of the Act specifies that the data elements shall include types of community rehabilitation programs or agencies which furnished services and whether each such program or agency is public or private. The Committee intends that such programs include agencies participating in the Javits-Wagner-O'Day program. REVIEW OF APPLICATIONS. Section 106 of the bill amends section 18 of the Act 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". The bill also removes the 1/2 percent cap in section 16 of the Act pertaining to the use of appropriated funds to provide non- Federal panels of experts to review applications for discretionary grants. CARRYOVER. Section 107 of the bill adds a new section 19 to the Act authorizing formula grant recipients to carryover funds. The new section states that: "Notwithstanding any other provision of law, any funds appropriated for a fiscal year to carry out any [formula grant program] under this Act 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." CLIENT ASSISTANCE INFORMATION. Section 108 of the bill adds a new section 20 to the Act specifying that: "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." SUBTITLE B-VOCATIONAL REHABILITATION SERVICES FINDINGS, PURPOSE, AND POLICY. Section 111 of the bill amends section 100 of the Act to set forth the findings, purpose, and policy applicable to title I of the Act. (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. AUTHORIZATION OF APPROPRIATIONS. Section 111 of the bill also amends section 100 of the Act to establish the authorization levels for title I of the Act. The bill provides "such sums" as may be necessary for the period of the authorization for the basic State grant as well as part C, innovation and expansion. STATE PLANS. In General. Section 112 of the bill makes several modifications and additions to the State plan under section 101 of the Act. Period of Plan. Section 101(a) of the Act 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." This change is included in order to allow States the discretion to better coordinate the development of State plans required by separate legislation. However, under no circumstances shall the cycle be longer than three years. Plans, Policies, Methods. Section 101(a)(5) of the Act concerning "order of selection" is amended in two respects. First, the bill adds the requirement that the State plan must include 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. The Committees wishes to note that section 126 of the bill directs the Secretary of Education to promulgate regulations regarding the requirements for the implementation of an order of selection for vocational rehabilitation services under section 101(a)(5)(A) if such services cannot be provided to all eligible individuals with disabilities who apply for such services. Second, the bill clarifies that determinations regarding serving first those individuals with the most severe disabilities are to be made "in accordance with criteria established by the State." This provision makes it clear that the Committee does not intend for the Commissioner to prescribe criteria in this regard. It is the Committee's intent that determinations pertaining to "order of selection" and the definition of the term "individuals with the most severe disabilities" will be made by the designated State unit after obtaining input from individuals with disabilities, their families, and organizations advocating on their behalf, particularly input from the newly established State Rehabilitation Advisory Council. Rehabilitation Technology. The bill clarifies the provisions in Section 101(a)(5)(C) of the Act by requiring States to describe- (1) how rehabilitation technology services will be provided at each stage of the rehabilitation process; (2) how such rehabilitation technology services will be provided on a statewide basis; and (3) the training that will be provided to vocational rehabilitation counselors, client assistance personnel, and other related services personnel. The Committee recognizes the significant potential of rehabilitation technology in meeting the needs of a broad spectrum of people with disabilities. The Committee also recognizes the critical need for training to increase knowledge of the benefits of rehabilitation technology as a tool for assisting individuals with disabilities to enter or retain competitive employment. Personnel must also be educated about the uses of technology not only for those individuals with physical and sensory disabilities but for those individuals with cognitive disabilities as well. Facilities Compliance. Section 101(a)(6)(B) of the Act is amended by adding the following laws to the list of laws facilities for community rehabilitation programs must satisfy: section 504 of this Act, and the Americans with Disabilities Act of 1990. Personnel. Section 101(a)(7) of the Act concerning personnel standards is amended by striking current law, inserting provisions for the establishment of a comprehensive system of personnel development, and revising provisions in current law regarding personnel standards. With respect to the establishment of a comprehensive system of personnel development, the bill specifies that the State must: (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; The Committee believes that this amendment is among the most important included in the bill. Trained, qualified personnel often make the difference between success and failure in facilitating the achievement of an employment outcome for a client. The Committee also believes that training in and sensitivity to the specialized needs of individuals with low-incidence disabilities receiving services under this title is an important component of personnel recruitment and development. With respect to personnel standards, the bill specifies that the State must: (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. The Committee notes that the provisions regarding standards are virtually identical to the provisions included in the Individuals with Disabilities Education Act. Availability of Comparable Services. Section 101(a)(8) of the Act is amended by adding an additional exception to the comparable services provision: such determinations shall not be required if an immediate job placement would be lost due to a delay in the provision of such comparable benefits. Use of Existing Information. Section 101(a)(9) of the Act is amended to specify that: to the maximum extent appropriate and consistent with the requirements under this Act, existing information available from other programs and providers (particularly information used by educational 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. The Committee places particular emphasis in the bill on the use of data and information available from the individual with a disability and his or her family, other agencies, and other existing sources in the process of determining eligibility and making other determinations as part of the IWRP process. Such data and information, when supplied by the individual, the family, and qualified personnel, should save valuable time and resources in addition to avoiding wasteful duplication. This will be the case particularly where interagency agreements provide for the sharing of information, the use of comparable criteria and forms, and the establishment of uniform standards regarding the qualifications of those individuals undertaking the assessments. The bill lists education and Social Security officials in the statute since these two programs have strong relationships with programs under this part. Many young adults transitioning from special education programs will seek to establish eligibility for vocational rehabilitation services. In these cases, existing school records, that document the disability should prove invaluable to vocational rehabilitation officials. It is the Committee's intent that, with the transition provisions in the Individuals with Disabilities Education Act, the new transition provisions in this Act will enable agencies to assure rapid, efficient, and appropriate determinations of eligibility. As explained elsewhere in the report, the Committee expects that such determinations will be made, to the maximum extent possible and consistent with the requirements of this Act, prior to the student's exiting the school system. The Committee is keenly aware of the strict eligibility standards established by the Social Security Administration in order for recipients to obtain benefits under these programs. Available Social Security disability records (obtained from the Social Security Administration and the State agency determining disability for purposes of the SSI and SSDI programs) should prove to be valuable tools in establishing disability as part of the eligibility process. The Committee does not intend to limit this provision to education and Social Security officials. Data from any agency or qualified individual should be considered if it meets the statutory standards. Examples include: the individual's personal physician, any previous or current employer of the individual, any advocate or representative for the individual, and any organization or individual referring the individual. Additional sources may include: information obtained from mental health and mental retardation agencies, State Medicaid and Medicare agencies, and other State programs that require that "disability" be established prior to the rendering of services. The Committee also recognizes that the timeliness of data may be an appropriate factor in determining its utility. However, the Committee believes that "older" data may be appropriate under specific circumstances. This is particularly true for those individuals whose disabilities are permanent or chronic. Thus, the Committee believes that when and how existing data should be used should be made on a case by case basis consistent with the standards set out in the law. Interagency Cooperation. Several changes are made to section 101(a)(11) of the Act. First, the bill provides for interagency cooperation. Second, the bill adds the following programs to the current list of Federal programs for which coordination of services is appropriate: the Carl D. Perkins Vocational Education Act, 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 Javits-Wagner-O'Day Act). Third by adding 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. Community Rehabilitation Programs. Section 101(a)(12) of the Act is amended by striking "facilities" and inserting "programs" and by striking "rehabilitation facilities" and inserting "community rehabilitation programs." As explained previously in the report, the term "community rehabilitation program" is an expansion of the definition and efforts must be made by the State designated unit to identify and utilize the new, broader array of community-based programs now recognized by this term. Continuing Statewide Studies. Section 101(a)(15) of the Act is amended by updating the terminology regarding community rehabilitation programs 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." Extended employment. Section 101(a)(16) of the Act concerning placement in extended employment is amended to provide greater emphasis on efforts to promote movement from extended employment to integrated employment. The provision 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). Construction. Section 101(a)(17) of the Act is amended to limit the circumstances under which title I funds may be used for construction-- "if, under special circumstances, the State plan includes provisions for the construction of facilities for community rehabilitation programs." The Committee intends that the phrase "under special circumstances" should be construed narrowly. Examples of "special circumstances" may include, when a natural disaster destroys the only available center serving an area or the State determines that construction is necessary in a rural area because no other public agencies or private nonprofit organizations are currently able to provide the basic services to clients, resulting in a denial of necessary services. Views Considered. Section 101(a)(18) of the Act is amended by adding "the Director of the client assistance program under section 112," to the list of individuals and groups whose views must be considered by the designated State unit. Basis for Updating the Strategic Plan. Section 101(a)(19) of the Act is amended to provide that the continuing studies and evaluations will be used for developing and updating the strategic plan required under part C as well as for submission of amendments to the State plan. Public Comment. The bill clarifies that section 101(a)(23)(A) of the Act requires consideration of comments by the public "before development of the plan by the State." Goals and Public Education. Section 101(a)(24) of the Act concerning transition is amended to read as follows: contain plans, policies, and methods to be followed (including entering into a formal interagency cooperative agreement, in accordance with paragraph (11)(B)(ii), with educational 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. The overall purpose of this provision is to ensure that all students who require vocational rehabilitation services receive those services in a timely manner. There should be no gap in services between the education system and the vocational rehabilitation system. Thus, an eligible individual's IWRP should be completed before the individual leaves the school system. The Committee intends that transition services be available not only to those students in special education programs, but also to students with disabilities who are in regular school programs. The Committee intends that students with disabilities who are eligible for, and who need, vocational rehabilitation services will receive those services as soon as possible, consistent with Federal and State law. These provisions are not intended in any way to shift the responsibility of service delivery from education to rehabilitation during the transition years. School officials will continue to be responsible for providing a free and appropriate public education as defined by the IEP. The role of the rehabilitation system is primarily one of planning for the student's years after leaving school. The Committee intends that the designated State unit enter into formal interagency agreements with appropriate education officials to facilitate the transition of eligible students with disabilities from public school to gainful employment. In addition to articulating respective fiscal responsibilities, interagency agreements may address such issues as: information provided to individuals with disabilities and their families; student and parent involvement; information provided to the schools; procedures governing referral; use of existing data; and coordination of IEPs and IWRPs. The Committee wishes to reiterate that the vocational rehabilitation program should use information from the public schools if that information reflects the current status and abilities of the student. Coordination between agencies regarding the adequacy of data needed by each agency will save time and money. The Committee also intends that the individualized written rehabilitation program be coordinated with any individualized education program for such students with disabilities. Coordination with Statewide Independent Living Council. The bill adds a new paragraph which provides for coordination and improved working relationships with the Statewide Independent Living Council established under section 704 and independent living centers within the State. Strategic Plan. The bill includes a new paragraph requiring that States 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. The Committee's views regarding the strategic plan are set forth in the section of the report concerning innovation and expansion grants (part C). Evaluating Performance. The bill adds a new paragraph requiring the State to 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 provide satisfactory assurances that the system in no way impedes such accomplishment. The Committee is concerned that in some States, procedures used for evaluating performance of counselors may have the unintended consequence of providing a disincentive to serve individuals with the most severe disabilities and those clients requiring complex services. The Committee considered and then rejected imposing a particular strategy for addressing this issue. Instead, the bill left the decision on how best to eliminate these disincentives to the States. The Committee wishes to note that title III of the Act has been amended to provide authority for the Commissioner to fund alternative demonstration projects regarding this issue. Outreach to Business and Industry. The bill adds a new paragraph requiring that States describe the steps they are taking 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). Establishment of a Rehabilitation Advisory Council. The bill includes a new paragraph requiring State agencies to provide satisfactory assurances to the Commissioner that the State has established a State Rehabilitation Advisory Council or has an independent commission that is responsible under State law for overseeing the operation of the designated State agency. With respect to the relationship with the Council, the bill specifies that: (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 With respect to the option of establishing an independent commission, the bill specifies that: (B) an independent commission- (i) is responsible under State law for overseeing the operation of the designated State agency; (ii) is required by such State law to be 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. DETERMINATIONS OF ELIGIBILITY. Section 113 of the bill clarifies and updates the provisions in section 102(a) of the Act to streamline the eligibility process. First, the bill specifies the general rules governing eligibility. An individual is eligible for assistance under this title if the individual- (1) is an individual with a disability under section 7(8)(A); and (2) requires vocational rehabilitation services to prepare for, enter, engage in, or retain gainful employment. Second, the bill establishes a presumption for individuals under the Social Security Act. 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- (1) a physical or mental impairment which for such individual constitutes or results in a substantial impediment to employment under section 7(8)(A)(i) of the Act; and (2) 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) of the Act. The Committee intends that the determinations described above may be made by a State Disability Determination Service for the purpose of either the SSI or SSDI program. In view of this provision, the Committee believes that the Social Security Administration, with the assistance of the Rehabilitation Services Administration, should initiate training of appropriate personnel with respect to the revised eligibility standards for vocational rehabilitation services. Third, the bill prescribes procedures for using determinations made by other agencies. Determinations made by officials of other agencies, particularly the education officials described in section 101(a)(24) of the Act, 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) of the Act or an individual with a severe disability under section 7(15)(A) of the Act shall be used (to the extent appropriate and available and consistent with the requirements under this Act) for making such determinations under this Act. This provision should expedite the determination of eligibility, particularly where the various agencies have worked together to develop comparable definitions, criteria, forms, and qualification standards for individuals conducting the assessments. The Committee intends that the phrase "other agencies" may include agencies making determinations under the State's Workers' Compensation program and employers and insurance companies making determinations regarding medical benefits and medical retirement. Of course, the final determination of eligibility remains the responsibility of the designated State unit. Fourth, the bill establishes a presumption regarding benefit from the provision of vocational rehabilitation services in terms of an employment outcome. Under the bill, 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) of the Act, 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. In making the demonstration described in the previous paragraph, with respect to cases in which the issue concerns the severity of the disability of an individual, the designated State unit shall first conduct a supplemental evaluation or under certain circumstances an extended evaluation after conducting the preliminary assessment. This provision implements the principle of "inclusion" enunciated in the Americans with Disabilities Act and the statement of policy governing this Act and title I. The Committee wishes to emphasize that the "clear and convincing standard" was included in the bill because it constitutes the highest standard used in our civil system of law. The term "clear" means unequivocal. Thus, there must be a high degree of certainty before a designated state unit can conclude that an individual with a disability cannot benefit from vocational rehabilitation services in terms of an employment outcome. The use of an intelligence test alone would not be clear and convincing evidence. Clear and convincing evidence might include a description of assessments by possible service providers in a reasonable geographic area, including providers of supported employment, concluding that the service providers would be unable to meet an individual's needs. To the extent that existing information is inadequate, the Committee intends that the demonstration must include, where appropriate, a functional assessment to demonstrate skill development activities in real life settings, with the provision of appropriate supports, where needed, during the assessment. Fifth, the bill specifies the time period for making eligibility determinations. 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- (1) 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 (2) an extended evaluation is required. The Committee believes that the 60 day time period is reasonable and realistic, particularly where current and relevant information is readily available. The Committee included a limited exception from the general rule in recognition of the fact that there may be exceptional and unforeseen circumstances beyond the control of the agency that preclude meeting the 60 day period. Examples of exceptional and unforeseen circumstances include: a specialist breaks his or her contractual agreement without notice, and there is no other specialist readily available. The Committee intends that any extension of time must be mutually agreed upon between the counselor and the individual with a disability. The Committee expects that the extension of time will be of a short duration--only the time needed to rectify the situation which necessitated the extension. It is also expected that the State Rehabilitation Advisory Council will review the utilization of the extensions and evaluate the State's experience with the timeline to evaluate whether the eligibility process is working as intended by Congress. The determination of eligibility shall be based on the review of existing data described in section 7(22)(A)(i) of the Act, and, to the extent necessary, the preliminary assessment described in section 7(22)(A)(ii) of the Act. Finally, the bill restates current law with respect to procedural protections. 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- (1) the reasons for such a determination; (2) the rights and remedies available to the individual, including, if appropriate, recourse to the processes set forth in subsections (b)(2) and (d); and (3) the availability of services provided by the client assistance program under section 112 to the individual. THE INDIVIDUALIZED WRITTEN REHABILITATION PROGRAM. Section 113 of the bill also makes several changes to section 102(b) of the Act concerning the individualized written rehabilitation program (IWRP). First, the bill updates the provisions in current law concerning the process used for developing an IWRP, focusing particular attention on facilitating the informed choices of the individual. The bill provides that: (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). Second, the IWRP must be designed to achieve the employment objective of the individual, consistent with the unique strengths, resources, priorities, concerns, abilities, and capabilities, of the individual. Third, the statement of the intermediate rehabilitation objectives related to the attainment of such goals, determined through an assessment of rehabilitation needs must be carried out in the most individualized and integrated setting (consistent with the informed choice of the individual). Fourth, the bill retains the provision in current law that if appropriate, the IWRP must 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. The Committee expects that, in terms of rehabilitation technology, the IWRP should provide for regular and periodic assessments to ensure that a match exists between the supports, the technology, and the current and changing needs of the individual. In addition, the IWRP should address the training needs of the individual who will be using the technology, as well as other people involved in the provision of services who require the information. Fifth, the bill clarifies the provisions in current law regarding postemployment services. The IWRP must include an assessment of the expected need for postemployment services and, if appropriate, extended services; provide for 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 if appropriate, the development of a statement detailing how such services shall be provided or arranged through cooperative agreements with other service providers. The Committee does not intend this provision to be construed in any way as altering other provisions in the Act which specify that funds under title I, title III, and title VI, part C may not be used to pay for extended services for individuals who are in supported employment. Sixth, the IWRP must identify the entity or entities that will provide the vocational rehabilitation services and the process used to provide or procure such services. The Committee intends that the individual with a disability will be informed of, and involved in choosing among, such entities, if there is more than one such entity serving the community. The IWRP must also describe the terms and conditions under which goods and services will be provided to the individual. The Committee understands that such terms and conditions may include reasonable expectations for the client's participation in the rehabilitation program described in the IWRP. The Committee notes that pursuant to section 126(b) of the bill, the Secretary is directed to promulgate regulations specifying procedures that States must adopt to ensure that the services are of sufficient size, scope, and quality and that the costs of such services are reasonable, and procedures that prevent fraud, waste, and abuse with respect to the provision of such services. Seventh, the IWRP must 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. Eighth, the bill provides that 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. Finally, the bill also specifies that "Any revisions or amendments to the program resulting from such review shall be incorporated into or affixed to such program." The bill also makes a technical amendment to section 102(c) by striking "Commissioner shall also insure" and inserting "Director of the designated State unit shall also ensure;" and 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)." IMPARTIAL HEARINGS. Section 102(d) of the Act sets forth procedures for resolving disputes between clients and the designated State unit. The Committee wishes to note that the Annual Report submitted to Congress by RSA indicates that only a very small number of cases actually reach the stage of requiring a formal hearing. The Committee is pleased that most issues are resolved between the client and the counselor, between the client and the supervisor, or through informal dispute resolution procedures. The Committee expects that this trend will continue. However, the Act does include a formal procedure for resolving complaints when informal dispute resolution fails. Section 133 of the bill makes several changes to section 102(d) of the Act concerning impartial hearings. Selection of Impartial Hearing Officer. The bill provides that 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 agency; 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). The Committee does not mean by the term "random basis" that the director of the designated State unit must satisfy a statistician's definition of that term. Rather, the Committee intends that the Director use a system that allows each individual in the pool of qualified persons an equal opportunity to be selected to serve as the impartial hearing officer for a particular hearing. The Committee intends that the pool of qualified persons will be identified jointly by the designated State unit and members of the State Rehabilitation Advisory Council, following an open process in which interested people throughout the State are invited to provide their credentials. Overturning the Hearing Officer's Decision. The bill specifies that: (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. The Committee intends that the term "policy" includes federal and state regulations and guidelines. Status Pending Resolution of Administrative Appeal. The bill adds the following provision: 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. The Committee intends that the phrase "under this subsection" means pending determination at the administrative level. This provision should not be construed as requiring a continuation of services pending appeal to the courts. Of course, the courts retain their equitable powers to enjoin a State agency from changing the status quo. SCOPE OF VOCATIONAL REHABILITATION SERVICES. In General. Section 114 of the bill makes several changes and additions to section 103(a) of the Act pertaining to the scope of vocational rehabilitation services. First, the bill updates the language in paragraph (1) to reflect the change from "evaluation of rehabilitation potential" to "assessment for determining eligibility and vocational rehabilitation needs." The new language states: (1) an assessment for determining eligibility and vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology. Second, the bill makes technical and conforming amendments to paragraphs (2), (3), and (12) of the Act. Third, in paragraph (5) of the Act, the bill strikes ", not exceeding the estimated cost of subsistence, during rehabilitation" and inserts "for additional costs incurred while participating in rehabilitation." The Committee wishes to clarify that the provision of maintenance must be tied to other services under an IWRP and is intended to cover only the added costs of participating in rehabilitation, not everyday living expenses. Fourth, the bill clarifies the referral obligation by specifying that vocational rehabilitation services includes "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." Fifth, the bill makes explicit authority to provide transition services that promote or facilitate the accomplishment of long-term rehabilitation goals and intermediate rehabilitation objectives. A discussion of this provision appears under the section in the State plan concerning "goals and public education." Sixth, the bill makes explicit the authority to provide personal assistance services. The Committee believes that without the availability of personal assistance services, a significant number of persons with severe disabilities will be unable to benefit from vocational rehabilitation services. Specifically, the scope of vocational rehabilitation services under title I includes: 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. Seventh, the bill adds "supported employment services" to the list of vocational rehabilitation services under title I. The Committee recognizes the proven success of the "place and train" model used to meet the employment outcome of supported employment for those individuals with the most severe disabilities for whom supported employment services are required, making it an attractive model for providing services to a wider variety of individuals with disabilities. The Committee encourages the broader use of the "place and train" model in addition to its use in the supported employment program. Finally, 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)." The Committee wishes to reiterate that medical and psychiatric services include medications, medical devices, or other items, as necessary, to enable the individual to actively participate in a plan to reach an employment goal. Of course, the Committee recognizes that the provision of these services shall be made in a manner consistent with the provisions of section 101(a)(8) and section 103 of the Act. NON-FEDERAL SHARE FOR CONSTRUCTION. Section 115 of the bill amends section 104 of the Act (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." STATE REHABILITATION ADVISORY COUNCIL. Section 116 of the bill adds a new section 105 of the Act establishing a State Rehabilitation Advisory Council in States that do not have a consumer-controlled commission overseeing the operation of the designated State unit. The bill includes policies governing the establishment of the Council and the composition of and appointment to the Council, including a requirement that a majority of Council members shall be persons who are individuals with disabilities and not employed by the designated State unit, a requirement that the Council include current or former applicants for, or recipients of vocational rehabilitation services, and a requirement that the Council include parents, guardians, or legal representatives of individuals with disabilities who have difficulty or are unable due to their disabilities to represent themselves. The bill also specifies policies pertaining to meetings, hearings, and forums. The Committee bill specifies that the Council members will be appointed by the Governor or by the "appropriate entity within the State responsible for making appointments." If, pursuant to State law, a separate State Board (rather than the Governor) has responsibility for overseeing the operation of the designated State agency, that Board shall be considered an "appropriate entity" for purposes of making the appointments. The bill also specifies the functions of the 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, 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; 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. The Committee expects that the annual report prepared by the Council will be made available in accessible formats to the public, upon request. It is the responsibility of each Council to determine the most effective manner to inform the public of the availability of the report within the State and to distribute it. This report should be sent to the State Developmental Disabilities Planning Councils established under the Developmental Disabilities Assistance and Bill of Rights Act. In addition, the bill specifies that the Council shall prepare, in conjunction with the designated State unit, a plan for the provision of resources, including such staff and other personnel, as may be necessary to carry out the functions of the Council. The bill also specifies that 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. EVALUATION. Section 117 of the bill adds a new section 106 of the Act pertaining to evaluation standards and performance indicators. 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. 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. The standards and indicators shall also include factors relating to consumer satisfaction. The Committee wishes to reiterate that we expect that the standards and indicators will emphasize gainful employment outcomes. 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. 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. 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. 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. 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. 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. MONITORING AND REVIEW. In order to facilitate the accomplishment of the purposes and policies of title I, section 118 of the bill adds a new section 107 of the Act concerning monitoring and review. The bill provides that in carrying out the duties of the Commissioner under this title, the Commissioner shall- (1) provide for the annual review and periodic on-site monitoring of programs under this title; and (2) 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. The bill also specifies procedures for reviews (including reviewing strategic plans, information provided by the State Rehabilitation Advisory Council, and consumer satisfaction surveys), procedures for monitoring (including on-site visits, public hearings, meetings with the Council, and meetings with rehabilitation counselors), and areas of inquiry (including the eligibility process and order of selection). In addition, the bill directs the Commissioner to provide technical assistance to programs regarding improving the quality of vocational rehabilitation services provided; and 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. The bill retains the provisions of current law regarding the withholding of payments and review. REALLOTMENT. Section 119 of the bill amends section 110(c) of the Act by adding 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. PAYMENTS TO STATES. Section 120 of the bill amends section 111(a) of the Act concerning the maintenance of effort provision 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. CLIENT ASSISTANCE PROGRAM. Section 121 of the bill amends section 112 of the Act pertaining to client assistance programs. The bill makes it clear that advocacy services are permissible. In addition, the bill specifies that: 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. The Committee included this provision in order to allow CAP to take a more holistic approach to providing services that facilitate the accomplishment of the objectives of the IWRP, leading to gainful employment. For example, under this new authority, the CAP would be able to assist clients in obtaining housing near a training site if the training was listed in the IWRP and the client needed such housing in order to benefit from such training. CAP would also be able to assist the client in securing comparable benefits that are listed in the IWRP. For a deaf person receiving tuition support under the IWRP, the CAP would be able to assist the individual in his or her attempts to secure necessary interpreter services. With respect to redesignation, section 112(c)(1) of the Act is amended by striking current law 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. The Committee believes that redesignation of CAP agencies must be governed by the same policies governing redesignation of protection and advocacy systems under the Developmental Disabilities Assistance and Bill of Rights Act. Therefore, the Committee expects that the Secretary will promulgate regulations or issue policy directives that adopt or incorporate by reference the policies governing the redesignation of Protection and Advocacy agencies under the Developmental Disabilities Assistance and Bill of Rights Act. When an agency initiates its option to appeal the redesignation of the CAP to the Commissioner based on failure to establish good cause, the funds allotted to that agency to implement the CAP should continue flowing to that agency pending the resolution of the appeal. With respect to minimum State allotments, section 112(e)(1) of the Act is amended by striking "by more than the percentage increase in the Consumer Price Index published monthly by the Bureau of Labor Statistics." The bill includes "such sums" authorization of appropriation for the duration of the reauthorization. INNOVATION AND EXPANSION GRANTS. Section 122 of the bill revises and updates part C of title I pertaining to innovation and expansion. Under the bill, effective October 1, 1993, any State desiring to receive assistance under part C 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. The plan, which covers a three year period and is updated annually, must 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; (3) specific systemic approaches the State intends to use in pursuing each objective, including steps to foster interagency coordination and cooperation; (4) a description of the ways in which various programs, projects, and activities will assist in accomplishing the stated objectives of the plan; and (5) a description of the specific criteria for determining whether the objectives have been achieved, an assurance that an evaluation will be carried out, and if specific objectives have not been achieved, the reasons why and a description of alternative approaches. The rationale for including these new strategic planning requirements is to ensure that each State develops a systematic, open, participatory process for identifying and articulating the future directions of vocational rehabilitation and supported employment services for its citizens with disabilities. Given the broad objectives of the Act and the limited dollars currently available to accomplish these objectives, the Committee believes that it is essential for all interested parties to have an opportunity to be involved in suggesting ways to expand and improve vocational rehabilitation services for individuals with disabilities, particularly those individuals who are unserved or underserved. For this reason, the bill specifies that prior to developing the plan, the State must hold public forums and meet with and receive recommendations from members of the State Rehabilitation Advisory Council and the State Independent Living Council. In addition, the State must develop procedures for ongoing comment from the Councils. the Committee expects that States will make the development of their strategic plans an integral component of the development of their three year State plans and annual updates. In that way, resources for public forums and soliciting input from the Councils will not be duplicated and the two plans will be more closely coordinated. Further, the plan must include a written explanation of why recommendations were rejected. The plan must also include procedures to ensure wide dissemination of the plan. The Committee believes that by taking the above steps, the end product will serve as an effective roadmap for designing and implementing future consumer-responsive rehabilitation services within the State. The bill sets forth seven categories of authorized uses of funds. Funds made available under part C may be used for: (1) programs, projects, and activities designed to initiate, expand, or improve working relationships among vocational rehabilitation services provided under this title and independent living services provided under title VII; (2) 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); special programs to initiate, expand, or improve services to classes of individuals with disabilities who have unusual or complex rehabilitation needs; and programs that maximize the use of rehabilitation technology, including, if appropriate, the evaluation and adaptation of 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 relationship 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 services 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. The Committee notes that enhancing interagency working relationships through coordination and cooperation is among the highest priorities of this part. The Committee believes that it is essential for States to give more attention to establishing effective, ongoing collaborative efforts among Federal, State, and local vocational rehabilitation agencies and other public and private entities that are responsible for assisting people with disabilities. The Committee believes that improved working relationships among agencies and organizations will enhance the ability of vocational rehabilitation agencies to take full advantage of the increasing number of options that are available under Federal and Federal-State entitlement programs designed to enable people with disabilities to achieve and retain gainful employment. These options often are underutilized, in part because of the limited efforts currently underway to ensure that systemic steps are taken to make certain that benefits under these other Federal programs work in tandem with the rehabilitation program. An example of an effort to improve the functioning of the system and improve the coordination and working relationships among state agencies might include training for rehabilitation counselors and other related personnel to acquire the knowledge and skills necessary to assist clients to gain access to the public benefits they are entitled to receive that reinforce the achievement of rehabilitation objectives set out in the IWRP. ALLOTMENTS AMONG STATES. The bill retains the provisions of current law regarding allotments of states but increases the minimum from $50,000 to $200,000, subject to the availability of appropriations. REVIEW OF DATA COLLECTION SYSTEM. Section 124 of the bill directs the Commissioner of the Rehabilitation Services Administration to 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. 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. Based on the review, the Commissioner shall recommend improvements in the data collection and reporting system. 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, the National Council on Disability, other Federal agencies, non-Federal researchers, other analysts using the data, and other members of the public. 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. EXCHANGE OF DATA. Section 125 of the bill directs the Secretary of Education and the Secretary of Health and Human Services to 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. ISSUANCE OF REGULATIONS. Section 126 of the bill specifically directs the Commissioner to promulgate regulations concerning two aspects of the legislation. (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. 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. The regulations shall specify- (1) 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 (2) procedures that prevent fraud, waste, and abuse with respect to the provision of such services. SOCIAL SECURITY REIMBURSEMENT PAYMENTS. Section 127 of the bill specifies that 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. TITLE II-RESEARCH DECLARATION OF PURPOSE. Section 201 of the bill amends section 200 of the Act, with respect to the declaration of purpose for this title. The purpose is amended to incorporate the policy of full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities, to place a particular emphasis on research and demonstrations to improve the effectiveness of services authorized under this Act, and to ensure that information generated by the activities authorized by this title is widely disseminated in usable formats to individuals with disabilities and their families, among others. The Committee notes that the National Institute on Disability and Rehabilitation Research was created from the research authority of the Rehabilitation Services Administration. Since its creation in 1978, NIDRR has been responsible for the development of successful programs in many areas including vocational rehabilitation, independent living, spinal cord injury, challenging behavior, and families. The Committee recognizes the importance of the research areas currently funded by NIDRR. However, the Committee also recognizes the need to expand research directly related to the vocational rehabilitation program. The Committee intends that NIDRR place a higher priority on research leading to the improved effectiveness of the programs authorized by this Act. The Committee also intends that NIDRR place an emphasis on the dissemination of information generated by its activities. The language relating to dissemination was strengthened throughout this title and individuals with disabilities and their families are included as a target audience. In addition, the Committee intends that the information will be disseminated in practical, user- friendly, accessible formats designed for the particular audience. The Committee is particularly concerned that information regarding rehabilitation technology is promptly disseminated to those who can use this technology. The Committee also intends that NIDRR expand the opportunities for individuals with disabilities and their families to be involved in research policy development, in the review of research applications, and in the conduct of research. AUTHORIZATION OF APPROPRIATIONS. Section 202 of the bill amends section 201(a) of the Act to specify that "such sums" are authorized for carrying out title II for the duration of the reauthorization. NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH. Section 203 of the bill amends section 202 of the Act regarding the National Institute on Disability and Rehabilitation Research. Purpose. The bill amends section 202(a) of the Act to add to the purposes of NIDRR the wide dissemination of information from all of its research, demonstration projects, and related activities and the provision of leadership in advancing the quality of life of individuals with disabilities. Establishment. The bill specifies that 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). Responsibilities. The bill amends section 202(b) of the Act, which specifies the responsibilities of the Director, in several respects. First, the bill adds rehabilitation practitioners and individuals with disabilities and their families to those to whom the Director should disseminate research findings and information. Second, the bill clarifies the duty of the Director to report to Congress annually on the implementation and conduct of programs and activities carried out under this title. The bill requires that the report include information on specific advances and developments produced by the programs and activities funded by NIDRR, the specific impact of these programs and activities on the vocational rehabilitation services for and the quality of life of individuals with disabilities, and the manner in which information generated by NIDRR's activities was disseminated. Finally, the bill specifies that the Director is responsible for 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). The Committee intends that NIDRR shall consult with the agencies responsible for implementation of the ADA. The Committee further intends that, under the leadership of the Department of Justice, NIDRR shall support a short-term research agenda that will enhance existing and future ADA technical assistance efforts. Funding in this area shall be directed toward areas of critical importance, including, but not limited to, the development of a curriculum for barrier-free design to be taught in architectural programs at the graduate level, an examination of the field of testing accommodations, and the development of cost-effective methods of providing alternative formats. National Council. The bill amends section 202(c)(1) of the Act by striking the provision that specifies that the Director shall be guided by general policies of the National Council on Disability. Qualifications. The bill amends section 202(c)(2) of the Act by specifying that the Deputy Director is to have substantial experience in rehabilitation and in research administration. Fellowships. The bill amends section 202(d) of the Act pertaining to research fellowships by emphasizing that this authority includes fellowships to individuals with disabilities. Scientific Review. With respect to scientific review, section 202(e) is amended in several ways. First, the bill specifies that the peer review of research projects should be conducted by qualified peer reviewers competent to review research grants and programs, including knowledgeable individuals with disabilities and their family members. Second, the bill clarifies that reviewers should be selected from a pool of qualified individuals to facilitate knowledgeable, cost-effective review. Third, the bill directs the Secretary to provide training of peer reviewers and mechanisms to receive input on research activities from individuals with disabilities and their representatives. The Committee is concerned that the peer review process has not worked well. Many recommendations for changes in the process were made and the opinion that the review process needs to be changed was expressed by both those who had received grants and those who had not. The Committee wishes to emphasize that the peer reviewers are to be trained before they are assembled to conduct their reviews rather than as part of the peer review. In addition, the Committee intends that qualified individuals with disabilities and qualified family members of individuals with disabilities will be recruited as peer reviewers. The Committee also intends that the training of peer reviewers will assist individuals with disabilities and their family members to become qualified peer reviewers. In any event, the Committee expects the peer review process to include input from individuals with disabilities and their families, particularly those who have been or will be directly affected by the activity. Use of Funds. Section 202 of the Act is amended to clarify that 90 percent of the funds appropriated under this title for any fiscal year are to be expended through grants, contracts, or cooperative agreements. Up to 10 percent of the funds may be expended directly for the purpose of carrying out the functions of the Director under this section. Long-Range Plan. The bill amends section 202(g) of the Act pertaining to the long range plan in several respects. The bill adds a requirement that the long range plan 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. The bill also requires the plan to 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 their families. The bill specifies that the Director should develop the long range plan in coordination with the Commissioner and adds individuals with disabilities and their families to the list of groups that must be consulted in the development of the plan. The Committee believes that development of the long range plan in coordination with the Commissioner will aid in emphasizing research and demonstration activities that relate to the services authorized under the Act. Finally, the plan must be revised, in the manner required by this section, at least once every 5 years and at any time determined to be necessary by the Director. Rehabilitation Researchers. The bill amends section 202(k) to emphasize that the authority for the training of rehabilitation researchers includes individuals with disabilities and to add that particular attention should be paid to areas of research that improve the effectiveness of services authorized under this Act. INTERAGENCY COMMITTEE. Section 204 of the bill amends section 203 of the Act by adding the Commissioner of the Rehabilitation Services Administration and the Assistant Secretary for Special Education and Rehabilitative Services to the individuals included on the Committee and by specifying that the Committee may carry out its functions only after receiving input from individuals with disabilities and their families. RESEARCH. Section 205 of the bill makes several changes with respect to section 204 of the Act, which prescribes the nature and type of research authorized under title II. First, the bill amends section 204(a) of the Act to clarify that the purpose of the research, demonstration projects, training, and related activities funded by NIDRR is to maximize the full inclusion and integration into society and the employment, independent living, family support, and economic and social self-sufficiency of individuals with disabilities, especially individuals with the most severe disabilities, and to improve the effectiveness of services authorized under this Act. Second, the bill specifies that in carrying out this section, the Director shall emphasize projects that support the implementation of titles I, III, VI, and VII of this Act. Third, the bill includes particular emphasis on individuals who are from populations that are unserved, or underserved, by programs under this Act in research that holds the promise of increasing knowledge and improving methods in rehabilitation of individuals with disabilities and individuals with the most severe disabilities. In regard to research relating to populations that are unserved or underserved by programs under this Act, the Committee notes that research is needed to identify the factors that contribute to this lack of service. This research might include determining whether specific aspects of a disability such as the hidden or episodic nature create difficulties in determining eligibility for services or whether the lack of appropriate services and supports creates barriers to the provision of services. Research and Training Centers. With respect to Research and Training Centers, the bill revises current law in several respects. First, the bill clarifies that grants for Centers may be made to providers of rehabilitation services or other appropriate services and that the Centers are to serve as centers of national excellence and as national or regional resources for providers and individuals with disabilities and their families. Second, the bill clarifies that the activities of the Centers include serving as an informational and technical assistance resource to providers, individuals with disabilities and their families, and public and private agencies. Third, the bill requires that Centers be of sufficient size, scope, and quality to effectively carry out the required activities in an efficient manner consistent with appropriate State and Federal law and have the ability to carry out the training activities either directly or through another entity that can provide such training. Fourth, the bill requires that the research and training activities conducted by the Centers shall be conducted in a manner that is accessible to and usable by individuals with disabilities. Finally, the bill designates that the project periods for Centers shall be 5 years except the Director may make grants for less than 5 years if the grant is made to a new recipient or the grant would support new or innovative research. There are currently 40 Research and Training Centers supported at $24 million in all areas encompassed by rehabilitation: vocational rehabilitation, medical rehabilitation, social and psychological aspects of rehabilitation, and rehabilitation of individuals with disabilities at all ages and support of their families. The activities of Research and Training Centers involve comprehensive research programs designed to maximize the impact of research. The Committee acknowledges the importance of Research and Training Centers as centers of national and regional excellence. Applicants for grants are required to demonstrate the capacity to carry out all of the required research, training, technical assistance, and outreach functions. The Committee expects the Centers to be adequately funded to carry out these activities and encourages NIDRR to consider whether it is wise to fund new Centers while the existing Centers are not adequately funded. The Committee also encourages NIDRR to build necessary annual increases into the budgets for the Centers in order that the programs can maintain adequate resources to accomplish their missions over the project period. The Committee is confident that the advice of the Research Advisory Council on issues such as this will be invaluable to the Director. In addition, the Committee believes generally that a project period for either a Research and Training Center or a Rehabilitation Technology Research and Resource Center of less than 5 years is inconsistent with the functions of the Centers. The Committee understands that NIDRR may have large numbers of Research and Training Center programs competing in the same year and that this causes administrative burdens relative to review of applications and timely issuance of grants. The Committee believes that under existing law NIDRR is authorized to support some programs for longer than 5 years and to extend some programs without competition for short periods in order to relieve administrative burdens, and the Committee urges NIDRR to take these actions. The Committee encourages NIDRR to establish a Research and Training Center to develop innovative training techniques to facilitate the competitive employment of persons who traditionally have been determined as not feasible for employment and, therefore, who have not received vocational rehabilitation services under title I of this Act. The Committee expects that the entities involved will have significant years of experience in developing rehabilitation technology applications and training methodology for this population. The Center shall have the capacity for disseminating information to promote the utilization of the knowledge and products of research. The Center shall provide training to vocational rehabilitation personnel, human resource directors, and special education staff through computer systems to facilitate evaluation and placement through the use of rehabilitation technology, training for placement professionals on the application of rehabilitation technology to meet the "reasonable accommodations" requirements of the Americans with Disabilities Act, and practicum training using "hands-on" techniques to give rehabilitation personnel better insight into the use of rehabilitation technology in the workplace. Rehabilitation Technology Research and Resource Centers. With respect to Research Engineering Centers, the bill strikes current law, changes the name of these Centers to Rehabilitation Technology Research and Resource Centers to conform with language changes made by the bill, and makes the following policy changes: First, the bill includes as the purpose of these Centers to carry out research, demonstrations 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. The Committee notes that rehabilitation technology has been successful in reducing and eliminating barriers confronting individuals with disabilities. The Committee recognizes the critical role that rehabilitation technology, including rehabilitation engineering, assistive technology devices, and assistive technology services can play in achieving reasonable accommodations in employment and local and State services, and in promoting access in telecommunication, transportation, and public accommodations. The bill does not change the authority contained in current law for these Centers to conduct research and demonstration projects in the area of rehabilitation technology, including rehabilitation engineering, assistive technology devices, and assistive technology services. There continues to be authority for Centers that concentrate on research and development activities. These are needed to develop new technologies to reduce and eliminate barriers confronting individuals with disabilities, to further explore the concept of universal design features that reduce reliance on specialized devices and services, and to learn more about the benefits of rehabilitation technologies to reduce dependencies, improve productivity, and enhance inclusion in the mainstream of society. In addition, there continues to be authority for Centers that concentrate on facilitating service delivery improvements and systems change. These Centers document, evaluate, and disseminate innovative cost-effective service delivery models that promote the timely utilization of rehabilitation technology including rehabilitation engineering, assistive technology devices, and assistive technology services to enhance access and abilities of individuals with disabilities. A balance must be struck between the immediate need to demonstrate service delivery models and the need to develop the next generation of rehabilitation technologies. The Committee expects that the Director will seek the input of the Research Advisory Council and individuals with disabilities who are users of technology and their family members in developing this balance. The Committee retains its commitment to basic and applied rehabilitation technology research, including research in 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. The bill, therefore, provides for the continuation of these critical research and demonstration activities. Second, the bill adds that, to the extent consistent with the nature and type of research or demonstration activities, the Centers provide information and training to individuals with disabilities and their families. Third, the bill adds that, to the extent consistent with the nature and type of research or demonstration activities, the Center provide training to individuals, including individuals with disabilities, to become researchers of and practitioners in the area of rehabilitation technology, including rehabilitation engineering, assistive technology devices, and assistive technology services. Fourth, the bill includes areas of focus for research or demonstrations in a specified list of life areas and an illustrative list of functional areas. In addition to these areas, the Director may fund a center in an area that represents emerging program trends and technologies based on public input and the recommendation of the Research Advisory Council. Fifth, the bill requires that each Center have a Consumer Advisory Council, the majority of whose members are individuals with disabilities who are users of, or parents, family members, guardians, advocates, or authorized representatives of users of, rehabilitation technology, including rehabilitation engineering, assistive technology devices and assistive technology services. The Committee believes that individuals with disabilities and their families must be directly involved in the planning, setting of priorities, and evaluation of the impact of research, demonstration, and training activities in order to promote the prompt utilization of a wide range of rehabilitation technology, including rehabilitation engineering, assistive technology devices, and assistive technology services to improve independence, productivity, and integration in work, school, home, and other natural environments. Sixth, the bill requires the Centers to 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. The Committee expects that these Centers, where feasible, will seek to apply the technology developed for a particular disability group across disability groups to assure that the information is disseminated promptly to all who might be able to benefit, regardless of the nature of their disability. Finally, the bill adds requirements for these Centers similar to those for Research and Training Centers including that these Centers are to be operated by or in collaboration with institutions of higher education or nonprofit private organizations and that the project periods for Centers shall be 5 years except the Director may make grants for less than 5 years if the grant is made to a new recipient or to support new or innovative research. Spinal Cord Injury Research. The bill transfers the authority for spinal cord injury projects and demonstrations, currently under section 311 of the Act, to NIDRR, under its related spinal cord injury program authority in section 204(b)(3) of the Act since NIDRR administers the entire spinal cord injury program. Model Systems of Comprehensive Service Delivery. The bill amends the Act by specifying that research grants may be used to establish model systems of comprehensive service delivery to individuals with severe disabilities requiring a multidisciplinary system of providing vocational and other rehabilitation services similar to the system for individuals with spinal cord injuries where the Director determines that the development of such systems is needed. Personal Assistance Services and Other Innovative Service Programs. The bill authorizes research grants 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. The Committee specifies the authority for these projects with the intent that NIDRR will provide leadership in the creation of model systems of service delivery and improved outcomes for individuals with severe disabilities. The Committee recognizes that it is through the development and dissemination of models such as these that services throughout the nation can be improved. Older Workers with Disabilities. The bill makes changes in the current authority to award grants to conduct a program of research related to older individuals with disabilities, including older American Indians with disabilities. The current law restricts this research to those who are over age 60 or, in the case of American Indians, over age 55. The bill deletes the age restrictions and adds that the program of research may include projects designed to assist the adjustment of, or maintain living in the community, older workers with disabilities upon their leaving the work force. The Committee notes that individuals with disabilities retiring from the labor force face significant challenges in reordering their lives without the structure and meaning provided by work. Retiring from the work force requires the reorganization of the individual's social and environmental support systems. Working relationships between programs for older persons and centers for independent living should be fostered. The Committee believes that the needs of older workers with disabilities who are leaving the work force can best be met through this type of collaboration. The Committee also suggests that NIDRR consider projects concerning the effects of aging on the incidence, prevalence, and trajectory of both early-life and later-life onset of disabilities caused by chronic conditions and projects to identify the barriers to continued employment among older workers with disabling conditions and the effects of providing rehabilitation technology in extending the length of their labor force participation. The Committee notes that, in the past, NIDRR has funded research activities focused on the rehabilitation needs of children with disabilities and older individuals with disabilities. The Committee believes the highest priority must be given to research related to the effective functioning of the programs under this Act. The Committee commends these efforts and expects that NIDRR will continue these types of research activities based on the recommendations of the Research Advisory Council and input from the public. Size of Grant. The bill amends section 204(d)(2) of the Act by giving the Director the discretion to determine that there is sufficient information to make an award without a site visit. REHABILITATION RESEARCH ADVISORY COUNCIL. Section 206 of the bill adds a new section to the Act providing for the establishment of a Rehabilitation Research Advisory Council within the Department of Education to advise the Director with respect to research priorities and the development and revision of the long range plan. The bill requires that the 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 and that at least one-half of the members shall be individuals with disabilities or members of their families. It is the Committee's intent that the research conducted by NIDRR should respond to the needs of individuals with disabilities and their families, particularly as those needs are addressed by the programs under this Act. Currently, NIDRR does not have a formal council whose sole purpose is to advise NIDRR on policies and priorities. The Committee believes that this Council will assist in assuring the relevance and productivity of NIDRR's research, demonstration, and training activities. In addition to providing advice to the Director on the long range plan, the Committee intends that the Council will provide advice in areas such as the development of mechanisms for assuring quality peer reviews and ways to improve the accountability of research projects funded by NIDRR. TITLE III-TRAINING AND DEMONSTRATION PROJECTS DECLARATION OF PURPOSE; ORGANIZATION. Purpose. Section 301 of the bill amends section 300 of the Act in several ways. First, the bill reorders the purposes of the title and authorizes grants and contracts to ensure that skilled personnel are available to provide rehabilitation services, the maintenance and upgrading of the skills of employed rehabilitation personnel, and the provision of training and information to individuals with disabilities and their families or representatives. Second, the bill strikes from the purposes the "construction and initial staff of rehabilitation facilities" in 300(1) and replaces it with the "development and improvement of community rehabilitation programs." Organization. Section 301 of the bill amends title III of the Act by changing the title to TRAINING AND DEMONSTRATION PROJECTS, striking section 301, and reordering the sections of the title to reflect the importance of personnel training. The bill deletes the construction grant authority in section 301 to reflect the shift in recent years to providing rehabilitation services in natural environments in the community. This move to service provision outside of "rehabilitation facilities" has lessened the need for the construction of new facilities. TRAINING. Training Grants. Section 302 of the bill amends section 301(a) of the Act (as so redesignated by section 301(b)(3)) in several ways. First, the bill clarifies that the personnel training section includes all personnel who provide services under this Act. This would include personnel employed by programs such as: vocational rehabilitation, supported employment, client assistance, independent living, Projects with Industry, special projects, and protection and advocacy of individual rights. The Committee intends that the purpose of training provided under this title includes developing or upgrading the skills of rehabilitation personnel directly involved in the delivery of services authorized under this Act, including rehabilitation counselors, as well as other rehabilitation professionals and paraprofessionals, and individuals with disabilities. This training includes long term training for individuals who are not yet employed in rehabilitation programs, and inservice training for individuals who are employed in rehabilitation programs. Second, the bill specifies that the training of personnel to deliver services to meet the rehabilitation needs of individuals with severe disabilities includes training of personnel in the area of rehabilitation technology. Third, the bill specifies that the training of personnel includes personnel specifically trained to deliver services through supported employment programs to those individuals with the most severe disabilities. Fourth, the bill requires grantees to 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 as rehabilitation professionals. Finally, the bill adds a requirement that the Commissioner furnish training regarding the Rehabilitation Act Amendments of 1992 and the provisions of section 504 of the Act and of the Americans with Disabilities Act of 1990 to rehabilitation counselors and other rehabilitation personnel. The Committee intends that training and related services may encompass a variety of activities including conducting formal training programs, providing and updating information applicable or related to training topics, providing technical assistance to trainees and potential trainees, and conducting peer reviews and on-site evaluations to address specific training needs of trainees and potential trainees. This interpretation will assist in addressing the widespread unmet need for technical assistance among the programs, projects, and community rehabilitation programs funded under the Act. The Committee expects that, as appropriate, the Commissioner will require grantees under this section to furnish training regarding the Rehabilitation Act Amendments of 1992 and the provisions of section 504 of the Act and of the Americans with Disabilities Act. Projects. Section 302 of the bill amends section 301(b) of the Act (as so redesignated by section 301(b)(3)) in several ways. First, the bill amends the list of specific areas of personnel training projects to make conforming changes and to replace the references to certain specific disabilities or specific impediments to rehabilitation with projects to train personnel to provide services to individuals with "specific disabilities or specific impediments to rehabilitation, including individuals who are unserved, or underserved, by programs under this Act." Current law states that grants may be made for training specifically related to individuals who are blind and individuals who are deaf. In addition, current law specifically includes training related to individuals who are homebound or institutionalized or individuals with limited English speaking ability. The Committee has made the reference to specific disabilities and specific impediments to rehabilitation generic and intends to expand the training related to these two areas beyond what is currently specified. The Committee intends to allow for training related to additional specific disabilities. The Committee also intends to allow for training related to additional specific impediments to rehabilitation including, but not limited to, individuals of diverse cultural or ethnic backgrounds, individuals who live in rural areas, and individuals who are aging. Second, the bill amends the payback provision in section 301(b)(3)(A) of the Act (as so redesignated by section 301(b)(3)) to shorten the time period for scholarship recipients to complete their employment obligation after completing their training, to clarify the employment that fulfills the employment obligation, and to allow part-time employment to count toward satisfying the employment obligation. The Committee made the change in the employment situations that fulfill the employment obligation to allow for certain professionals who generally are not hired by vocational rehabilitation agencies, but who provide necessary services to vocational rehabilitation clients through other arrangements, to meet the employment obligation. Grants for Interpreters. The bill amends section 301(d) of the Act (as so redesignated by section 301(b)(3)) by eliminating the cap of 12 programs to train interpreters for individuals who are deaf, by adding training of interpreters for individuals who are deaf-blind to the authority, and by striking subparagraph (D), which requires applicants for grants to provide for the training and retraining of teachers who are not certified as teachers of individuals who are deaf since this activity is more appropriately conducted under the Individuals with Disabilities Education Act. The Committee intends for the Secretary to consider the special communication needs of individuals who are deaf-blind in making grants for interpreter programs and to give priority to programs for interpreters for individuals who are deaf that also demonstrate the ability to provide training for interpreters for individuals who are deaf-blind. Authorization of Appropriations. The bill amends section 301(f) of the Act (as so redesignated by section 301(b)(3)) by inserting "such sums as may be necessary for each of fiscal years 1993 through 1997." The bill includes a 20 percent set-aside of funds appropriated under this section to be allocated to the designated State agencies for inservice training of rehabilitation personnel to address recruitment and retention of qualified rehabilitation professionals; to provide for succession planning; to provide for leadership development and capacity building; and, for fiscal years 1993 and 1994, to provide training on the changes made by the Rehabilitation Act Amendments of 1992. In the event that the Commissioner cannot meet the set-aside without reducing funds for projects being carried out on the date of enactment of these amendments, the Commissioner may allocate less than 20 percent for this inservice training. The Committee, however, intends that the Commissioner will approach as nearly as possible the 20 percent set-aside for inservice training. The Committee further expects the Commissioner to devote sufficient resources in fiscal years 1993 and 1994 to provide inservice training to immediately implement the changes made by these amendments to the Act. The Committee wishes to express its strong support for inservice training of personnel working in the field and intends that State agencies use these funds to retain and recruit qualified rehabilitation professionals, including rehabilitation counselors. The Committee intends that the State agencies will use these and other funds to improve the knowledge and skills of the rehabilitation counselors and other public rehabilitation professionals. The Committee believes it is critical that rehabilitation professionals receive training in the state-of-the- art vocational rehabilitation services, such as rehabilitation technology and counseling techniques that facilitate the achievement of employment outcomes that are consistent with the individual's informed choices. SPECIAL TRAINING INITIATIVES. Establishment. Section 303 of the bill amends title III of the Act by adding a new section after section 301 (as so redesignated by section 301(b)(3)) authorizing the Commissioner to establish rehabilitation training projects for the purpose of addressing unmet and emerging needs in the area of rehabilitation training. Projects. The bill specifies that these projects must be 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 decision makers in the rehabilitation process. Areas. The bill specifies rehabilitation technology; job placement; transition services; best practices in serving individuals with specific disabilities, including disability groups that are emerging, or are unserved, or underserved, by programs under this Act; best practices in serving individuals from diverse cultural and ethnic backgrounds; or the provisions of this Act and related Acts, including the Americans with Disabilities Act of 1990 as areas of training for these grants. Considerations. The bill requires the Commissioner to consider the ability of grant applicants 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; to utilize multidisciplinary training for persons from a variety of rehabilitation settings, such as community rehabilitation program personnel; personnel of client assistance programs, independent living centers, and supported employment programs, and individuals with disabilities and their families; and to provide training materials in accessible formats in awarding grants under this section. The Committee intends that capacity building training techniques such as distance learning should be encouraged and developed by the Commissioner and the contracting agencies. The concept of distance learning includes audio teleconferences, audio video teleconferences, and computer bulletin boards. It also includes self-study modules in formats such as videotape cassettes, computer-based instruction, and video audio lending libraries. Utilization of these technologies will provide resources for rehabilitation personnel to keep readily available current information about the multitude of different disabilities and their vocational implications as well as the full range of emerging and best practices in the field of rehabilitation. Training and Information Grants. The bill authorizes the Commissioner to make grants to establish training and information programs for individuals with disabilities and their parents, family member, guardians, advocates, or authorized representatives, and other appropriate parties to enable such individuals to participate more effectively with professionals in meeting the vocational and rehabilitation needs of individuals with disabilities. Requirements. The bill requires that the training and information grants be designed to meet the needs of individuals with disabilities and their parents, family members, guardians, advocates, and authorized representatives, including those individuals who are members of groups that have been traditionally underrepresented and to serve individuals with a full range of disabilities. Eligibility. The bill requires that to be eligible to receive a grant for a training and information program, a private nonprofit organization must 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 have a membership that represents the interests of individuals with disabilities and 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. Authorization of Appropriations. The bill includes an authorization of appropriations for this section of "such sums as may be necessary to carry out this section for each of fiscal years 1993 through 1997." COMMUNITY REHABILITATION PROGRAMS FOR INDIVIDUALS WITH DISABILITIES. Authorization of Appropriations. Section 304 of the bill amends section 303(a) of the Act (as so redesignated by section 301(b)(3)) is amended by striking 1987 and all that follows and inserting 1993 through 1997. Establishment. The bill makes several technical and conforming changes to this section. Additional grants. The bill moves the authority for the Commissioner to make grants to assist in meeting the cost of planning community rehabilitation programs, the cost of the services to be provided by such programs, and the initial staffing costs of such programs to this section from the deleted section 301 in current law. LOAN GUARANTEES FOR COMMUNITY REHABILITATION PROGRAMS. Section 305 of the bill amends section 304 of the Act (as so redesignated by section 301(b)(3)) to make technical and conforming changes. COMPREHENSIVE REHABILITATION CENTERS. Section 306 of the bill amends section 305 of the Act to make technical and conforming changes. GENERAL GRANT AND CONTRACT REQUIREMENTS. Section 307 of the bill amends section 306 of the Act to make technical and conforming changes. AUTHORIZATION OF APPROPRIATIONS FOR SPECIAL PROJECTS AND SUPPLEMENTARY SERVICES. Section 308 of the bill amends section 310 of the Act to exempt from the authorization of appropriations for title III, part B sections 312 and 317. The bill strikes subsection 310(b). SPECIAL DEMONSTRATION PROGRAMS. Establishment. Section 309 of the bill amends section 311(a) of the Act to make several technical and conforming changes. The bill amends section 311 of the Act to move the authority for special projects and demonstrations for spinal cord injury, which is transferred and consolidated with the related NIDRR spinal cord program authority under section 204(b)(3) of the Act. Projects to Increase Client Choice. The bill authorizes the Commissioner to make grants to States, community rehabilitation programs, and other public and nonprofit agencies and organizations to demonstrate ways to increase client choice in the rehabilitation process. The Committee intends that effective methods for increasing client choice developed through these projects will be considered by the Secretary in promulgating the regulations required by section 126 of the bill establishing criteria for the selection of vocational rehabilitation services and the procurement of such services directly by an individual with a disability. Special Projects and Demonstrations Providing Supported Employment and Model Statewide Transitional Planning Services. The bill continues the authority for demonstrations relating to supported employment and transition from school to adult services. The Committee urges funding of special demonstration projects to provide supported employment to individuals with severe disabilities who have not generally received supported employment services, such as individuals with severe epilepsy, severe physical disabilities, severe cognitive disabilities, and other severe disabilities. Demonstration Projects. The bill also authorizes the Commissioner to make grants to public and nonprofit agencies and organizations to identify innovative methods, such as weighted closures, to evaluate the performance of vocational rehabilitation counselors that facilitate and in no way impede the accomplishment of the purposes and policy of serving, among others, those individuals with the most severe disabilities. The bill also authorizes the Commissioner to make grants to public and nonprofit agencies and organizations to provide community-based, coordinated services to facilitate the transition of individuals with disabilities from a rehabilitation hospital or nursing home program or comparable program, 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. In addition, the bill authorizes the Commissioner to conduct studies, special projects, or demonstration projects relating to the management and service delivery systems of the vocational rehabilitation programs authorized under this Act. The Committee intends that this authority will give the Rehabilitation Services Administration a mechanism for addressing issues and concerns related to improved management and service delivery. This authority will allow the agency to conduct studies, special projects, and demonstration projects on an as-needed basis. The Committee intends that this authority will be used to address the areas of program management, program improvement, and program support. Some examples of topics that could be examined under this authority includes studies or projects relating to State agency self-evaluation, paperwork reduction, factors influencing case movement, factors that contribute to the return for additional services for clients who have exited the system, the relationship between the Social Security Administration, vocational rehabilitation agencies, and local education agencies to determine the level of coordination and planning, and the impact of inservice training on the quality of rehabilitation services. MIGRATORY WORKERS. Section 310 of the bill amends section 312 of the Act to include nonprofit agencies working in collaboration with the State agency as potential grantees. The bill transfers the authorization of appropriations for section 312 from section 310(b) of the Act and authorizes "such sums as may be necessary to carry out this section for each of fiscal years 1993 through 1997." SPECIAL RECREATIONAL PROGRAMS. Grants. Section 311 of the bill amends section 316(a) of the Act in several ways. First, the bill removes the authority of the Commissioner to pay all of the costs of special recreational programs and specifies that the Federal share of the costs of the programs is 90 percent for the first year of the grant, 75 percent for the second year, and 50 percent for the third year. The Committee intends that grantees be permitted broad use of in-kind contributions toward any match requirements for Federal funds provided under this section. Second, the bill adds to the program purpose activities that further the employment of individuals with disabilities and specifies that vocational skills development are an authorized program activity. Third, the bill limits the grant period to 3 years with no renewal, except where the Commissioner determines the grantee 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. Fourth, the bill requires the applicants for grants to include a description of the manner in which the findings and results of the project will be made generally available and the means by which the service program will be continued after Federal assistance ends. Finally, the bill requires recreational programs funded under this section to maintain, at a minimum, the same level of services over a 3-year project period. Authorization of Appropriations. The bill amends section 316(b) by including "such sums as may be necessary for each of fiscal years 1993 through 1997." INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND. Section 312 of the bill amends title III of the Act by adding at the end a new section 317: Independent Living Services for Older Individuals who are Blind. This section was moved from title VII, part C. Section 312 of the bill makes several changes to current law. First, the bill requires that the services provided include independent living skills training, information and referral services, peer counseling, and individual advocacy training. Second, the bill specifies a number of assurances that must be included in the application for a grant under this section. The bill requires an assurance that the grantee will submit an annual report with information on the number and types of older individuals who are blind and are receiving services; the types of services provided and the number of older individuals who are blind and are receiving each type of service; the sources and amounts of funding for the operation of each project or program; the amounts and percentages of resources committed to each type of service provided; data on actions taken to employ, and advance in employment, qualified individuals with severe disabilities, including older individuals who are blind; and a comparison, if appropriate, of prior year activities with the activities of the most recent year. The bill also requires an assurance that the designated State unit will provide services that contribute to the maintenance of, or the increased independence of, older individuals who are blind; and engage in capacity-building activities, including collaboration with other agencies and organizations; activities to promote community awareness, involvement, and assistance; and outreach efforts. The bill requires an assurance that the application is consistent with the State plan for providing comprehensive services for independent living required by section 703. Finally, the bill authorizes to be appropriated to carry out this section "such sums as may be necessary for each of fiscal years 1993 through 1997." TITLE IV-NATIONAL COUNCIL ON DISABILITY ESTABLISHMENT OF THE COUNCIL. Section 401 of the bill includes five amendments to section 400 of the Act concerning the establishment of the National Council on Disability. First, the bill specifies that the President must select members of the National Council after soliciting recommendations from representatives of- (1) organizations representing a broad range of individuals with disabilities; and (2) organizations interested in individuals with disabilities. Second, the members of the National Council must be individuals with disabilities or individuals who have substantial knowledge or experience relating to disability policy or programs. Third, a majority, instead of only five of the members, must be individuals with disabilities, or parents or guardians of individuals with disabilities. Fourth, the purpose section is updated and now states that: "the purpose of the National Council is to promote policies, programs, practices, and procedures that- (1) guarantee equal opportunity for all individuals with disabilities, regardless of the nature or severity of the disability; and (2) empower individuals with disabilities to achieve economic self-sufficiency, independent living, and inclusion and integration into all aspects of society. Fifth, 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. 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. DUTIES OF NATIONAL COUNCIL. Section 402 of the bill includes five amendments to section 401(a) concerning the duties of the Council. First, the bill specifies that the National Council shall 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. Currently, the Council establishes general policies for and reviews the operation of NIDRR. Second, the bill updates language to clarify the scope of policies that are subject to review and categories of officials to whom it may provide advice. Third, the Council must provide a summary of the activities and accomplishments of the Council annually to the Congress and to the President. Fourth, the Council must 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. Fifth, the provision concerning an annual report is revised to specify that no 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." The report must present, as appropriate, available data on health, housing, employment, insurance, transportation, recreation, training, prevention, early intervention, and education. The report must assess the status of the Nation in achieving the policies set forth above, 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. In determining the issues to focus on and the findings, conclusions, and recommendations to include in the report, the Council shall seek input from the public, particularly individuals with disabilities, representatives of organizations representing a broad range of individuals with disabilities, and organizations and agencies interested in individuals with disabilities. The National Council on Disability shall include, in a report submitted not later than October 30, 1995, 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. COMPENSATION OF MEMBERS AND STAFF. Sections 403 and 404 of the bill include technical changes to sections 402 and 403 of the Act pertaining to compensation of members and staff. Section 404 of the bill amends section 403 of the Act by striking the current limit of seven staff and inserting "seven or more." AUTHORIZATION OF APPROPRIATIONS. Section 405 of the bill amends section 405 of the Act by establishing "such sums" as the authorization of appropriations for the period of the reauthorization. TITLE V-ACCESS IN GENERAL. Sections 501 and 502 of the bill make several technical and conforming amendments to title V, including repealing section 500 of the Act. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES BY THE FEDERAL GOVERNMENT. Section 503 of the bill makes several changes to section 501 of the Act pertaining to the employment of individuals with disabilities by the Federal Government. First, the bill includes several technical amendments regarding the composition and chairmanship of the Interagency Committee. Second, the bill specifies that: 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, and the employment provisions of title V, of the Americans with Disabilities Act of 1990. This provision is included in order to ensure uniformity and consistency of interpretations. REFERENCES TO THE ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE ACCESS BOARD. Section 504 of the bill includes several amendments to section 502 of the Act pertaining to the Architectural and Transportation Barriers Compliance Board. First, the bill specifies that the "Architectural and Transportation Barriers Compliance Board" may be referred to as "The Access Board." Second, the bill amends section 502(a) of the Act to add an additional Federal agency, the Department of Commerce, to this list, which would then provide for representation by twelve Federal agencies. The addition of the Department of Commerce would allow for representation of a broad spectrum of business interests. Third, the bill, provides an increase in the number of presidential appointees to the Board from among the general public. This would maintain the current ratio of members appointed by the President from the general public to those members designated as a result of Federal agency representation. The bill specifies that at least one half, rather than the current six, of the members of the Board appointed by the President will be individuals with disabilities. This would allow for Board expansion. The bill also increases the length of the term of each Board member, reorganizes the Board's functions, authorizes gift acceptance authority in limited circumstances, and makes several technical and conforming changes. The bill authorizes to be appropriated "such sums' as may be necessary for the duration of the reauthorization. EMPLOYMENT UNDER FEDERAL CONTRACTS. Section 505 of the bill includes several changes to section 503 of the Act concerning employment under Federal contract. First, the current "$2,500" trigger is increased to "$10,000" to conform it to the figure included in Executive Order 11246. Second, the bill clarifies that the scope of the obligation under section 503 is parallel to the scope under Executive Order 11246. Third, in order to avoid any confusion regarding the effect of the above amendment (scope of the obligation) on waiver authority currently set forth in regulations promulgated by the Department of Labor, the waiver authority is specifically included in the legislation. Specifically, the bill states that: 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. Such waivers shall be considered only upon the request of the contractor or subcontractor. The purpose of these two provisions is to reaffirm the Department's policy that has been in place since 1978. In addition the bill directs the Secretary of Labor to promulgate regulations that set forth the standards used for granting such a waiver. Fourth, the bill specifies that 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, and the employment provisions of title V, of the Americans with Disabilities Act of 1990. Fifth, the bill specifies that the Director 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. NONDISCRIMINATION UNDER FEDERAL GRANTS AND PROGRAMS. Section 506 of the bill amends section 504 of the Act 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, and [the employment provisions of title V,] of the Americans with Disabilities Act of 1990. SECRETARIAL RESPONSIBILITIES; INTERAGENCY COORDINATING COUNCIL. Sections 507 and 508 of the bill make several technical and conforming changes to sections 506 and 507 of the Act, respectively. ELECTRONIC EQUIPMENT ACCESSIBILITY GUIDELINES. Section 509 of the bill amends section 508 of the Act pertaining to electronic equipment accessibility to read as follows: (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. The purpose of this amendment is to update section 508 of the Act. Current law refers to dates and deadlines that have already been met, and fails to take into account technological changes that have occurred and that are likely to occur in the future. It focuses on hardware, while the issues regarding electronic accessibility have shifted to software, interface systems, and operating systems. Updating section 508 will help ensure that individuals with disabilities have comparable access to electronic information and data. The Committee intends that the reference to electronic and information technology means any equipment, software, interface systems, operating systems, or interconnected system or subsystem of equipment used in the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. Comparable access means that regardless of the type of interface between the user and the information processing resources being used, that individuals with disabilities can produce and have access to the same or equivalent information processing resources, with or without special peripherals, as individuals without disabilities. TITLE VI-EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES TECHNICAL CHANGES. Sections 601, 602, and 603 of the bill make technical and conforming changes to sections 611, 613, and 616 of the Act, respectively. AUTHORIZATION OF APPROPRIATIONS. Section 604 of the bill amends section 617 of the Act by authorizing for appropriations "such sums" for fiscal years 1993 through 1997. PART B-PROJECTS WITH INDUSTRY. Section 605 of the bill makes several changes to section 621 of the Act pertaining to Projects With Industry. First, the purpose section is clarified. 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. Projects with Industry (PWIs) have been part of the Rehabilitation Act since 1968. PWIs provide training and placement services to individuals with disabilities. Business, industry, and organized labor play a key role in this program through membership on Business Advisory Councils that advise and guide the project. The business leadership ensures that the project will provide training and placement services that meet identified community needs, thus enhancing the chances for a successful job match for both the individuals with disabilities and the business. Second, the bill clarifies that community rehabilitation program providers, labor unions, trade associations, Indian tribes, and tribal organizations may be grantees under this section. The Committee understands that the vast majority of grantees are community rehabilitation programs, labor unions, and trade associations. Therefore, this change was made to reflect current practice. In addition, the Committee wants to make clear that American Indian tribes and tribal organizations are eligible for Projects with Industry grants. The Committee notes that concerns have been expressed that the requirements for eligibility for these grants eliminate American Indian applicants. The Committee expects the Commissioner to review the eligibility requirements taking into account the economic conditions and circumstances of American Indian tribes. Third, the bill includes individuals with disabilities and their representatives in the list of those who should be members of the Projects with Industry business advisory councils. Fourth, the bill clarifies the criteria and methods used to determine who is eligible to receive services from Project with Industry grantees. The individual must be determined by the designated State unit 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 must rely on the determination made by the grant recipient to the extent appropriate and available and consistent with the requirements of the Act. In the event that the designated State unit does not notify a grant recipient within 60 days of its determination, the individual is considered to be eligible. The Committee developed the eligibility requirements based on the policy of balancing the interests of PWIs in expedited determinations of eligibility and the interest of the State unit in ensuring that PWIs are serving appropriate individuals and are not "creaming." The Committee intends the 60 days to represent the outside limit for determinations by the designated State unit and strongly encourages that these determinations be made as quickly as possible, particularly when a job placement may be placed in jeopardy. Fifth, the bill includes in the items to be reported annually the number of project participants who were terminated from project placements and the duration of such placements. Sixth, the bill gives the Commissioner the authority to include in agreements under this section the provision of technical assistance to employers regarding the hiring of individuals with disabilities or the requirements of the Americans with Disabilities Act of 1990 as the Act relates to employment of individuals with disabilities. The Commissioner also may include in the agreements the provision of technical assistance to prospective or current Projects with Industry on developing or improving relationships with employers or organized labor. Seventh, the bill requires the Commissioner to use the compliance indicators that are consistent with the program evaluation standards to make determinations regarding the termination, modification, or renewal of each grant under this section. Eighth, the bill adds the improvement of relationships with the State vocational rehabilitation agencies to the areas in which the Commissioner may provide technical assistance. Finally, the bill authorizes the Commissioner to make grants to a partnership or consortium that includes a private business concern or industry for model demonstration projects that give underemployed workers with disabilities, whether employed part-time or full-time, the opportunity to acquire the knowledge and skills needed to adapt to emerging technologies, work methods, and markets. The Committee notes that underemployment contributes to the low economic status of many workers with disabilities. Although the Projects with Industry program has been successful in placing individuals with disabilities into employment, current statutory requirements limit the program's ability to serve currently employed workers with disabilities who need new or upgraded skills to compete or advance in employment. This new subsection is targeted at upgrading the skills of underemployed workers with disabilities. AUTHORIZATION OF APPROPRIATIONS. Section 606 of the bill amends section 623 of the Act authorizing "such sums as may be necessary for each of fiscal years 1993 through 1997." PART C-SUPPORTED EMPLOYMENT. Section 607 of the bill amends part C of title VI pertaining to supported employment. PURPOSE. The new section 631 of the Act specifies that: 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. Since its inception in 1986, the supported employment State grant program has been intended to serve individuals with the most severe disabilities. A recent study of supported employment undertaken by the Virginia Commonwealth University (April 1992) indicates that 65 percent of all individuals served in supported employment programs were individuals with mental retardation. Of those individuals, almost 50 percent had mild mental retardation and the percentage of those with mild mental retardation has actually increased over the years. The Committee is concerned that "creaming" (serving those individuals with the most mild disabilities) is occurring in this program. This is particularly disconcerting in light of the fact that the supported employment program was established to serve individuals with severe disabilities for whom competitive employment has not traditionally occurred or has been interrupted or intermittent. The Committee has made several changes in this title and in the definitions applicable to supported employment designed to re- emphasize the focus of this program on those individuals with the most severe disabilities who require supported employment services in order to enter or retain competitive employment. The Committee also reiterates that the definition of the term "individuals with the most severe disabilities" is a matter to be determined at the State and not the Federal level, with input from the State Rehabilitation Advisory Council established under section 105 of the Act. The Committee also wishes to reiterate that the supported employment program is not intended to be limited to any one particular disability category or to any one "model" of service provision. Thus, individuals with cognitive, physical, neurological, psychiatric, and sensory impairments may all qualify for supported employment if they otherwise meet the criteria set out in this Act. ALLOTMENTS. The new section 632 of the Act retains the policy in current law regarding the allotment of funds among states, except that the minimum is increased from $250,000 to $300,000 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. AVAILABILITY OF SERVICES. The new section 633 of the Act restates the policy in current law that 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, section 311(c) and 311(d), and title I may not be used to provide extended services to individuals who are eligible under this part or title I. ELIGIBILITY. The new section 634 of the Act specifies the eligibility criteria. 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. STATE PLAN. The new section 635 of the Act prescribes the content of the State plan. 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. The new section 635 of the Act also specifies the contents of the State plan. First, the State plan must designate the designated State unit responsible for administering title I as the agency to administer the program assisted under this part. Second, the State plan must 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. Third, the State plan must 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. Fourth, the State plan must 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. Fifth, the State plan must 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. The Committee included this provision in recognition of the fact that currently there are not enough public agencies or nonprofit organizations available to provide extended services for all those individuals who need such services. This problem is particularly severe for those individuals for whom there may not be a specific agency (such as mental health or mental retardation) responsible for providing services. The Committee believes that the use of "natural supports" as a source for extended services (as well as a source for supported employment services, in appropriate situations) shows great promise. The term "natural supports" is a broad term meant to include having a supervisor, co-worker, or other employee provide supervision and support at the work site; using college students, friends, or other volunteers/mentors from work or the community to provide needed services or supports; or using family members in a support role. While some natural supports are voluntary, if financing is necessary, the Committee encourages the use of sources of funds such as the work incentive provisions for individuals receiving Social Security benefits. Furthermore, under the circumstances described in the interpretative guidance accompanying the final regulations promulgated by the Equal Employment Opportunity Commission implementing title I of the Americans with Disabilities Act (56 Fed. Reg. 35747 (July 26, 1991)), employers may be required to provide extended services as a "reasonable accommodation." Under this analysis, the EEOC also states, however, that an employer would not be required to restructure the essential functions of a position to fit the skills of an individual with a disability who is not otherwise qualified to perform the position, as is done in certain supported employment programs. Of course, it would not be a violation of the ADA for an employer to provide any of these personal modifications or adjustments, or to engage in supported employment or similar rehabilitation programs. Sixth, the State plan must provide seven separate assurances. The first assurance is that 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. The second assurance is 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. In other words, the Committee intends that the comprehensive assessment be paid for out of funds made available under title I of this Act and not funds made available under this part. The third assurance is that an individualized written rehabilitation program, as required by section 102, will be developed and updated using funds under title I in order to specify the supported employment services to be provided; specify the expected extended services needed; and 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. The Committee intends that the designated State unit's past experience with providers of extended services may constitute one example of an acceptable reason for concluding that there is a reasonable expectation that such sources will become available. The fourth assurance is that 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. The fifth assurance is that 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. The sixth assurance is that to the extent jobs skills training is provided, the training will be provided on-site. The final assurance is that 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. Prior to June 24, 1992, when the Department of Education modified its regulations, the regulations required a minimum of 20 hours of work at the initiation of the supported employment services. This policy had the unintended consequence of screening out those individuals with the most severe disabilities with no previous work experience, who cannot work for 20 hours or more at the time services are initiated. The revised regulations are generally consistent with the policy in the bill. The Committee believes that the general policy of providing vocational rehabilitation services to an individual with a disability in order to enable the individual to enter or retain "full-time or, if appropriate, part-time competitive employment" should apply with equal force to individuals for whom supported employment is the employment outcome. That is why the Committee adopted the policy that individuals should be placed for the maximum number of hours possible based on the individual's unique strengths, resources, interests, concerns, abilities, and capabilities. The seventh provision in the State plan specifies that the State must provide assurances that the State agencies will expend not more than 5 percent of the allotment of the State under this part for administrative costs of carrying out this part. Finally, the State plan must contain such other information and be submitted in such manner as the Commissioner may require. RESTRICTION. The new section 636 of the bill restates the policy in current law that: "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." SAVINGS PROVISION. The new section 637 of the Act clarifies current law in two respects. First, 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. Second, 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. AUTHORIZATION OF APPROPRIATIONS. The new section 638 of the Act specifies that 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. TITLE VII-CENTERS FOR INDEPENDENT LIVING AND INDEPENDENT LIVING SERVICES Section 701 of the bill amends title VII of the Act by striking current law and inserting an entirely new title. PURPOSE. The new section 701 of the Act sets forth the purpose of the title: The purpose of this title is to promote a philosophy of independent living, including a philosophy of consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy, in order to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities, and the integration and full inclusion of individuals with disabilities into the mainstream of American society. The bill accomplishes this purpose by providing financial assistance to develop and support statewide networks of centers for independent living; providing financial assistance to States for providing, expanding, and improving the provision of independent living services; and providing financial assistance to States to improve working relationships among centers, the Statewide Independent Living Council, the State vocational rehabilitation program, and other agencies and organizations. DEFINITIONS. The new section 702 of the Act sets forth the definitions specifically applicable to this title. Additional important definitions used in this title and other titles (such as "independent living services" and "independent living core services") are set out in section 7 of the Act and described previously in this report in the section concerning title I of the Act. As used in this title: The term "center for independent living" means a consumer-controlled, community-based, cross-disability, nonresidential, private nonprofit agency that- (A) is designed and operated within a local community by individuals with disabilities; and (B) provides an array of independent living services. The term "consumer control" means, with respect to an entity, that the entity vests power and authority in individuals with disabilities. The Committee intends that when used in the context of describing the operation of an entity providing services, such as a center for independent living, it specifically means that the agency must have a governing board and a majority of the individuals on the governing board must be individuals with disabilities. STATE PLAN. New section 703 of the Act specifies the policies governing the State plan. Eligibility. To be eligible to receive financial assistance under this title, a State must submit to the Commissioner, and obtain approval of, a State plan containing such information as the Commissioner may require, including, at a minimum, the information required under this section. Submission. The plan must be jointly signed by- (1) the director of the designated State unit; and (2) the chairperson of the Statewide Independent Living Council, acting on behalf of and at the direction of the Council. Review and revision. The plan must provide for the review and revision, not less often than once every 3 years, of the plan to ensure the existence of appropriate planning, financial support, coordination, and other assistance to appropriately address, on a statewide and comprehensive basis, needs in the State for- (1) the development and support of a statewide network of centers for independent living; (2) the provision of independent living services; and (3) improved working relationships between such centers, and the vocational rehabilitation program established under title I and other programs providing services for individuals with disabilities. Date of submission. The State must submit the plan to the Commissioner 90 days before the completion date of the preceding plan. If a State fails to submit such a plan that complies with the requirements of this section, the Commissioner may withhold financial assistance under this title until such time as the State submits such a plan. Statewide Independent Living Council. The plan must provide for the establishment of a Statewide Independent Living Council in accordance with section 704. Designation of State Unit. The plan must designate the designated State unit of such State as the agency that, on behalf of the State, shall- (1) receive, account for, and disburse funds received by the State under this title based on the plan; (2) provide administrative support services for programs under parts B and C; (3) keep such records and afford such access to such records as the Commissioner finds to be necessary with respect to the programs; and (4) submit such additional information or provide such assurances as the Commissioner may require with respect to the programs. Objectives. The plan must- (1) specify the objectives to be achieved under the plan and establish timelines for the achievement of the objectives; and (2) explain how such objectives are consistent with and further the purpose of this title. Independent Living Services. The plan must provide that the State will provide independent living services under this title to individuals with severe disabilities, and will provide the services to such an individual in accordance with an independent living plan mutually agreed upon by an appropriate staff member of the service provider and the individual, unless the individual signs a waiver stating that such a plan is unnecessary. Scope and Arrangements. The plan must describe the extent and scope of independent living services to be provided under this title to meet such objectives. Network. The plan shall set forth a design for the establishment of a statewide network of centers for independent living that comply with the standards and assurances set forth in section 724. Centers. In States in which State funding for centers for independent living equals or exceeds the amount of funds allotted to the State under part C, the State plan shall include policies, practices, and procedures governing the awarding of grants to centers for independent living and oversight of such centers consistent with section 723. Working Relationships. The plan shall set forth the steps that will be taken to maximize the cooperation and coordination and improve the working relationships among- (1) the Statewide Independent Living Council and centers for independent living; and (2) the designated State unit, other State agencies represented on the Statewide Independent Living Council, councils that address the needs of specific disability populations and issues under other Federal law, and other public and private entities determined to be appropriate by the Council. Coordination Between Centers for Independent Living and Independent Living Services. The plan shall describe how services provided under part B will be coordinated with, or complement, services provided under part C. Coordination Between Federal and State Sources. The plan shall describe efforts to coordinate Federal and State funding for centers for independent living and independent living services. Outreach. The plan shall set forth steps to be taken regarding outreach to unserved and underserved populations with respect to services provided under this title and centers funded under this title. With respect to unserved and underserved populations, the term includes individuals who are racial and ethnic minorities and individuals with cognitive and sensory impairments. Requirements. The plan shall provide satisfactory assurances that all recipients of financial assistance under this title will- (1) notify all individuals seeking or receiving services under this title about the availability of the Client Assistance Program under section 112, the purposes of the services provided under such program, and how to contact such program; (2) take affirmative action to employ and advance in employment qualified individuals with disabilities on the same terms and conditions required with respect to the employment of such individuals under the provisions of section 503; (3) adopt such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of and accounting for funds paid to the State under this title; (4)(A) keep such records, as the Commissioner may determine to be appropriate including records that fully disclose the amount and disposition by such recipient of the proceeds of such financial assistance, the total cost of the project or undertaking in connection with which such financial assistance is given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit; and (B) afford such access to such records, and submit such reports with respect to information contained in such records, as the Commissioner may determine to be appropriate; (5) provide access to the Commissioner and the Comptroller General or any of their duly authorized representatives, for the purpose of conducting audits and examinations, of any books, documents, papers, and records of the recipients that are pertinent to the financial assistance received under this part; and (6) provide for public hearings regarding the contents of the plan during both the formulation and review of the plan. Evaluation. The plan shall establish a method for the periodic evaluation of the effectiveness of the plan in meeting the objectives to be achieved under the plan, including evaluation of satisfaction by individuals with disabilities. In addition, the Committee intends that agencies providing independent living services will keep records that demonstrate the extent to which individuals with severe disabilities have achieved their independent living goals; States have improved working relationships among centers, State agencies, and the Statewide Independent Living Council; and programs have expanded and improved the provision of independent living services. Administrative Costs. The plan shall include an assurance that the designated State agency will not use more than 5 percent of the financial assistance made available under this title to pay for the administrative costs of carrying out this title. Funds used to support the resource plan for the Statewide Independent Living Council under section 704 shall not be subject to the 5 percent limitation. INDEPENDENT LIVING COUNCIL. The new section 704 of the Act includes the policies governing the Statewide Independent Living Council. Establishment. To be eligible to receive financial assistance under this title, each State shall establish a Statewide Independent Living Council (referred to in this section as the "Council"). The Council shall not be established as an entity within another State agency. Composition and Appointment. Members of the Council shall be appointed by the Governor or the appropriate entity within the State responsible for making appointments, within 90 days after the date of enactment of the Rehabilitation Act Amendments of 1992. The appointing authority shall select members after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities. The Council shall include- (1) at least one director of a center for independent living chosen by the directors of centers for independent living within the State; and (2) as ex officio, nonvoting members- (A) a representative from the designated State unit; and (B) representatives from other State agencies that provide services for individuals with disabilities. The Council may include- (1) other representatives from centers for independent living; (2) parents and guardians of individuals with disabilities; (3) advocates of and for individuals with disabilities; (4) representatives from private businesses; (5) representatives from organizations that provide services for individuals with disabilities; and (6) other appropriate individuals. Qualifications. The Council shall be composed of members- (1) who provide statewide representation; (2) who represent a broad range of individuals with disabilities; (3) who are knowledgeable about centers for independent living and independent living services; and (4) a majority (at least 51 percent) of whom are persons who are individuals with disabilities; and not employed by any State agency or center for independent living. Recognizing the significant role which parents, guardians, legal representatives, and advocates fulfill for certain individuals with disabilities who have difficulty or are unable due to their disabilities to represent themselves, the Committee encourages the Governor to appoint them to the Council as part of the remainder of the Council. In States with large numbers of centers, the Committee encourages the Governor to appoint more than one director of a center to be chosen from among the centers. In general, the Council shall select a chairperson from among the membership of the Council. In States in which the Governor does not have veto power pursuant to State law, the Governor shall designate a member of the Council to serve as the chairperson of the Council or shall require the Council to so designate such a member. Terms of appointment. Each member of the Council shall serve for a term of 3 years, except that- (1) 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 (2) 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. Number of terms. No member of the Council may serve more than two consecutive full terms. 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. Functions of the Council. The Council shall- (1) develop and submit (in conjunction with the designated State agency) the State plan required by this title; (2) monitor, review, and evaluate the implementation of the State plan; (3) coordinate activities with the State Rehabilitation Advisory Council established under section 105 and councils that address the needs of specific disability populations and issues under other Federal law; (4) ensure that all regularly scheduled meetings of the Council are open to the public and sufficient advance notice is provided; and (5) submit to the Commissioner such periodic reports as the Commissioner may reasonably request, and keep such records, and afford such access to such records, as the Commissioner finds necessary to verify such reports. 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. Resource Plan. The Council shall prepare, in conjunction with the designated State unit, a plan for the provision of resources, including such staff and personnel, as may be necessary to carry out the functions of the Council with funds made available under parts B and C of this title, and from other public and private sources. The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the plan. In addition, each Council shall, consistent with State law, supervise and evaluate staff and other personnel as may be necessary to carry out its functions under this section. While assisting the Council in carrying out its duties, staff and other personnel shall not be assigned duties by the State agency or any other agency or office of the State that would create a conflict of interest. Compensation and Expenses. The Council may 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 Council duties. Use of Existing Councils. To the extent that a State has established a Council before September 30, 1992, that is comparable to the Council described in this section, such Council shall 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. RESPONSIBILITIES OF THE COMMISSIONER. The new section 705 of the Act specifies the responsibilities of the Commissioner. Approval of State Plans. In general. The Commissioner shall approve any State plan submitted under section 703 that the Commissioner determines meets the requirements of section 703, and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Commissioner shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing. Indicators. Not later than October 1, 1993, the Commissioner shall develop and publish in the Federal Register indicators of minimum compliance consistent with the standards set forth in section 724. On-Site Compliance Reviews. (1) Reviews. The Commissioner shall annually conduct on-site compliance reviews of at least 15 percent of the centers for independent living that receive funds under part C and shall periodically conduct such a review of each such center. The Commissioner shall select such centers for review on a random basis. (2) Qualifications of employees conducting reviews. The Commissioner shall, to the maximum extent practicable, carry out such a review by using employees of the Department who are knowledgeable about the provision of independent living services; ensure that the employee of the Department with responsibility for supervising such a review shall have such knowledge; and ensure that at least one member of a team conducting such a review shall be an individual who is not a government employee; and has experience in the operation of centers for independent living. Reports. The Commissioner shall include, in the annual report required under section 13, information on the extent to which centers for independent living receiving funds under part C have complied with the standards set forth in section 724. The Commissioner may identify individual centers for independent living in the analysis. The Commissioner shall report the results of on-site compliance reviews, identifying individual centers for independent living and other recipients of assistance under this title. AUTHORIZATION OF APPROPRIATIONS. The new section 706 of the Act sets forth the authorizations of appropriations for the title. Independent Living Services. There are authorized to be appropriated to carry out part B such sums as may be necessary for each of the fiscal years 1993, 1994, 1995, 1996, and 1997. Centers for Independent Living. There are authorized to be appropriated to carry out part C such sums as may be necessary for each of the fiscal years 1993, 1994, 1995, 1996, and 1997. Protection and Advocacy of Individual Rights. There are authorized to be appropriated to carry out part D such sums as may be necessary for each of the fiscal years 1993, 1994, 1995, 1996, and 1997. PART B-INDEPENDENT LIVING SERVICES ALLOTMENTS. The new section 711 in the Act sets out the policies governing State allotments. In general, the bill adopts current law. However, the minimum for States is increased from $200,000 to $275,000, or 1/3 of 1 percent of funds appropriated, whichever is greater, subject to the availability of appropriations and subject to a hold harmless which ensures that no State receives less than the amount it received for fiscal year 1992 under part A of this title, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992. The bill also authorizes the Commissioner to increase the minimum allotment. PAYMENTS TO STATES FROM ALLOTMENTS. The new section 712 is consistent with the provision in current law applicable to payments under part A of title VII. AUTHORIZED USES OF FUNDS. The new section 713 of the Act specifies the authorized uses under the program of independent living services. The State shall use funds received under this part to provide the resources described in section 704(e) (the resource plan) relating to the Statewide Independent Living Council, and may use funds received under this part: (1) to provide independent living services; (2) to demonstrate ways to expand and improve independent living services; (3) to support the operation of centers for independent living; (4) to support activities to increase the capacities of public or nonprofit agencies and organizations and other entities to develop comprehensive approaches or systems for providing independent living services; (5) to conduct studies and analyses, gather information, develop model policies and procedures, and present information, approaches, strategies, findings, conclusions, and recommendations to Federal, State, and local policymakers in order to enhance independent living services for individuals with disabilities; (6) to train individuals with disabilities and individuals providing services to individuals with disabilities and other persons regarding the independent living philosophy; and (7) to provide outreach to unserved and underserved populations with respect to services provided under this title. PART C-CENTERS FOR INDEPENDENT LIVING PROGRAM AUTHORIZATION. The new section 721 of the Act specifies the policies governing the allotment of funds for centers under the new part C of the Act (formerly part B). In general, the bill reserves funds for training and technical assistance, allots funds on the basis of population, with a hold harmless to ensure that each State receives the amount received by centers within each State for fiscal year 1993, and includes a minimum allotment of $500,000 or one-third of 1 percent of the sums made available for the fiscal year for which the allotment is made, whichever is greater. The bill includes a trigger of $3.5 million increase in the appropriation over the fiscal year 1992 level. If such excess is less than $3,500,000, the allotment to any State shall approach, as nearly as possible, the greater of the two amounts. Transition Rules. Reservation. For fiscal year 1993, the Commissioner shall first reserve from the funds appropriated to carry out this part, approximately $600,000 or 2 percent of such funds, whichever is greater, for training, technical assistance, and transition assistance, to centers for independent living. Training and technical assistance. From the funds reserved, the Commissioner shall make grants to, and enter into contracts and other arrangements with, entities who have experience in the operation of centers for independent living, to- (1) provide such training and technical assistance with respect to planning, developing, conducting, administering, and evaluating centers for independent living; and (2) provide such transition assistance to assist the centers with efforts to achieve compliance with the standards and assurances set forth in this part. In general. After the reservation for training and technical assistance has been made, and from the remainder of the funds appropriated for fiscal year 1993 to carry out this part, the Secretary is authorized to make grants to eligible agencies and organizations described in the following two paragraphs that propose to operate centers for independent living. Private nonprofit agencies that received funding directly or through subgrants or contracts under this program in fiscal year 1992 shall continue to receive assistance under this program in fiscal year 1993 if they submit applications that demonstrate to the satisfaction of the Commissioner that as of October 1, 1993 such agencies will meet the standards in section 724(b) and that contain the assurances listed in section 724(c). In determining whether a center meets the standards in section 724(b), the Commissioner will look for information that shows how the center will meet each standard. The Commissioner shall consider any data on past performance that is provided by the agency that shows how the center has been meeting the standards. It is the Committee's expectation that the Commissioner will request such information from the applicant that is necessary to enable the Department to process the application, including information on the applicant's requested budget. The Committee recognizes that the Department published in the Federal Register on July 10, 1992 an Advance Notice of Proposed Rulemaking governing centers for independent living. The Committee intends that the Department and the centers may use this proposal or any subsequent guidelines as guidance in determining the type of information to include in the application to show how the applicant will meet the standards. For example, in showing how the applicant will meet Standard 4 relating to increasing and improving community options for independent living, the applicant might describe the extent to which the applicant proposes to undertake such activities as community advocacy, technical assistance, public information and education, outreach, and collaboration with other agencies. Private nonprofit agencies that did not receive assistance under this program in fiscal year 1992 may receive assistance under this program if they submit satisfactory applications for fiscal year 1993. In determining whether an application is satisfactory, the Secretary shall use the criteria for selection of centers specified in section 722(d)(2)(B) and 722(d)(3). The Secretary may not award funds to a private nonprofit agency that did not receive funding under this program in fiscal year 1992 until the Secretary has funded all agencies within each State that received such funding and have submitted satisfactory applications for fiscal year 1993. GRANTS TO CENTERS FOR INDEPENDENT LIVING IN STATES IN WHICH FEDERAL FUNDING EXCEEDS STATE FUNDING. The new section 722 of the Act includes the policies governing grants to centers in States in which Federal funding exceeds State funding. Establishment. Unless the director of a designated State unit awards grants under section 723 to eligible agencies in a State for a fiscal year, the Commissioner shall award grants to such eligible agencies for such fiscal year. The Commissioner must award such grants, from the amount of funds so allotted, to such eligible agencies for the planning, conduct, administration, and evaluation of centers for independent living that comply with the standards and assurances set forth in section 724. Eligible Agencies. In any State in which the Commissioner has approved the State plan required by section 703, the Commissioner may make a grant under this section to any eligible agency that- (1) has the power and authority to carry out the purpose of this part and perform the functions set forth in section 724 within a community and to receive and administer funds under this part, funds and contributions from private or public sources that may be used in support of a center for independent living, and funds from other public and private programs; (2) is determined by the Commissioner to be able to plan, conduct, administer, and evaluate a center for independent living consistent with the standards and assurances set forth in section 724; and (3) submits an application to the Commissioner at such time, in such manner, and containing such information as the Commissioner may require. Existing Eligible Agencies. In the administration of the provisions of this section, the Commissioner shall award grants to any eligible agency that is receiving funds under this part on September 30, 1993, unless the Commissioner makes a finding that the agency involved fails to meet program and fiscal standards and assurances set forth in section 724. New Centers for Independent Living. In general. If there is no center for independent living serving a region of the State or a region is underserved, and the increase in the allotment of the State is sufficient to support an additional center for independent living in the State, the Commissioner may award a grant under this section to the most qualified applicant, consistent with the provisions in the State plan setting forth the design of the State for establishing a statewide network of centers for independent living. Selection. In selecting from among applicants for a grant under this section for a new center for independent living, the Commissioner (1) shall consider comments regarding the application, if any, by the Statewide Independent Living Council in the State in which the applicant is located; (2) shall consider the ability of each such applicant to operate a center for independent living based on- -evidence of the need for such a center; -any past performance of such applicant in providing services comparable to independent living services; -the plan for satisfying or demonstrated success in satisfying the standards and the assurances set forth in section 724; -the quality of key personnel and the involvement of individuals with severe disabilities; -budgets and cost-effectiveness; -evaluation plan; and -the ability of such applicant to carry out the plans; and (3) shall give priority to applications proposing to serve geographic areas within each State that are currently not served or are underserved by independent living programs, consistent with the State plan for establishing a statewide network of independent living centers. The bill includes a special provision applicable to centers that have been funded in the past out of the program funding independent living services (part A of current law and part B under the bill). The bill provides that a center that is currently funded under the program funding independent living services for the general operation of centers for independent living shall be eligible for a new grant. In other words, such centers will not be considered "existing centers." Order of Priorities. The Commissioner shall be guided by the following order of priorities in allocating funds among centers for independent living within a State, to the extent funds are available: (1) The Commissioner shall support existing centers for independent living that comply with the standards and assurances set forth in section 724, at the level of funding for the previous year. (2) The Commissioner shall provide for a cost-of-living increase for existing centers for independent living. (3) The Commissioner shall fund new centers for independent living that comply with the standards and assurances set forth in section 724. Review. In general. The Commissioner shall periodically review each center receiving funds under this section to determine whether such center is in compliance with the standards and assurances set forth in section 724. If the Commissioner determines that any center receiving funds under this section is not in compliance with the standards and assurances set forth in section 724, the Commissioner shall immediately notify such center that it is out of compliance. Enforcement. The Commissioner shall terminate all funds under this section to such center 90 days after the date of such notification unless the center submits a plan to achieve compliance within 90 days and such plan is approved by the Commissioner. GRANTS TO CENTERS FOR INDEPENDENT LIVING IN STATES IN WHICH STATE FUNDING EQUALS OR EXCEEDS FEDERAL FUNDING. The new section 723 of the Act includes the policies governing grants to centers in States in which State funding equals or exceeds Federal funding. Establishment. The director of a designated State unit, or the Commissioner, as the case may be, shall award grants under this section for an initial fiscal year if the Commissioner determines that the amount of State funds that were earmarked by a State for a preceding fiscal year to support the general operation of centers meeting the requirements of part C equaled or exceeded the amount of funds allotted to the State under section 721. The Committee intends that the phrase "State funds that are earmarked by a State to support the general operation of centers" does not include Federal funds used for general operations of centers or State funds used to purchase services from a center. Thus, for example, State grants or contracts for personal assistance or skills training would not be included, nor would State attendant care funds or Social Security reimbursement funds. The Committee intends that the phrase "meeting the requirements of part C" should be construed to mean identical or equivalent requirements. The director or the Commissioner, as appropriate, shall award such grants, from the amount of funds allotted for the initial fiscal year, to eligible agencies in the State for the planning, conduct, administration, and evaluation of centers that comply with the standards and assurances set forth in section 724. The Commissioner shall by regulation specify the preceding fiscal year with respect to which the Commissioner will make determinations described above. In subsequent years, the State shall continue to have the authority to award grants under this section if it maintains the level of expenditures required in the preceding sentence. If it does not maintain such level, it shall be ineligible to make grants under this section. The Committee wishes to emphasize that the statute authorizes the awarding of grants by the State on behalf of the Commissioner. Under no circumstances may the State construe this language as authorizing the entering into of a procurement contract in lieu of awarding a grant. The difference is significant. Under a procurement contract, the contracting agency dictates which services it wishes to procure and the terms and conditions of the procurement. Under the grant, the role of the State is simply to enter into a grant agreement under which the State ensures that the terms of the grant (which are established by the legislation and implementing regulations) are satisfied. Grants by designated State units. In order for the designated State unit to be eligible to award the grants described in the previous paragraph and carry out this section for a fiscal year with respect to a State, the designated State agency shall submit an application to the Commissioner at such time, and in such manner as the Commissioner may require, including information about the amount of State funds described above. If the Commissioner finds that such amount equals or exceeds the amount of funds allotted to the State under section 721, the Commissioner shall approve the application and designate the director of the designated State unit to award the grant and carry out this section. Grants by Commissioner. If the designated State agency of a State described in paragraph (1) does not submit and obtain approval of an application, the Commissioner shall award the grant to the State in accordance with section 722. Eligible Agencies. In any State in which the Commissioner has approved the State plan required by section 703, the director of the designated State unit may award a grant under this section to any eligible agency that- (1) has the power and authority to carry out the purpose of this part and perform the functions set forth in section 724 within a community and to receive and administer funds under this part, funds and contributions from private or public sources that may be used in support of a center for independent living, and funds from other public and private programs; (2) is determined by the director to be able to plan, conduct, administer, and evaluate a center for independent living, consistent with the standards and assurances set forth in section 724; (3) submits an application to the director at such time, in such manner, and containing such information as the head of the designated State unit may require. Existing Eligible Agencies. In the administration of the provisions of this section, the director of the designated State unit shall award grants under this section to any eligible agency that is receiving funds under this part on September 30, 1993, unless the director makes a finding that the agency involved fails to comply with the standards and assurances set forth in section 724. New Centers for Independent Living. In general. If there is no center for independent living serving a region of the State or the region is underserved, and the increase in the allotment of the State is sufficient to support an additional center for independent living in the State, the director of the designated State unit may award a grant under this section from among eligible agencies, consistent with the provisions of the State plan under section 703 setting forth the design of the State for establishing a statewide network of centers for independent living. Selection. In selecting from among eligible agencies in awarding a grant under this part for a new center for independent living- (1) the director of the designated State unit and the chairperson of, or other individual designated by, the Statewide Independent Living Council acting on behalf of and at the direction of the Council shall jointly appoint a peer review committee that shall rank applications in accordance with the standards and assurances set forth in section 724 and criteria jointly established by such director and such chairperson or individual; (2) the peer review committee shall consider the ability of each such applicant to operate a center for independent living, and shall recommend an applicant to receive a grant under this section, based on- -evidence of the need for a center for independent living, consistent with the State plan; -any past performance of such applicant in providing services comparable to independent living services; -the plan for complying with, or demonstrated success in complying with, the standards and the assurances set forth in section 724; -the quality of key personnel of the applicant and the involvement of individuals with severe disabilities by the applicant; -the budgets and cost-effectiveness of the applicant; -the evaluation plan of the applicant; -the ability of such applicant to carry out the plans; and -the director of the designated State unit shall award the grant on the basis of the recommendations of the peer review committee if the actions of the committee are consistent with Federal and State law. As explained above, the bill includes a special provision applicable to centers that have been funded in the past out of the program funding independent living services (part A funds under current law and part B under the bill). The bill provides that a center that is currently funded under the program funding independent living services for the general operation of centers for independent living shall be eligible for a new grant. In other words, such centers will not be considered "existing centers." Order of Priorities. Unless the director of the designated State unit and the chairperson of the Council or other individual designated by the Council acting on behalf of and at the direction of the Council jointly agree on another order of priority, the director shall be guided by the following order of priorities in allocating funds among centers for independent living within a State, to the extent funds are available: (1) The director of the designated State unit shall support existing centers for independent living that comply with the standards and assurances set forth in section 724, at the level of funding for the previous year. (2) The director of the designated State unit shall provide for a cost-of-living increase for existing centers for independent living. (3) The director of the designated State unit shall fund new centers for independent living that comply with the standards and assurances set forth in section 724. Review. In general. The director of the designated State unit shall periodically review each center receiving funds under this section to determine whether such center is in compliance with the standards and assurances set forth in section 724. If the director of the designated State unit determines that any center receiving funds under this section is not in compliance with the standards and assurances set forth in section 724, the director of the designated State unit shall immediately notify such center that it is out of compliance. Enforcement. The Director shall terminate all funds under this section to such center 90 days after the date of such notification; or in the case of a center that requests an appeal under subsection (h), the date of any final decision under subsection (h), unless the center submits a plan to achieve compliance within 90 days and such plan is approved by the Director or, if appealed, by the Commissioner. On-site compliance review. The director of the designated State unit shall conduct on-site compliance review of centers for independent living. Each team that conducts an on-site compliance review of a center for independent living shall include at least one person who is not an employee of a State agency, who has experience in the operation of centers for independent living, and who is jointly selected by the director of the designated State unit and the chairperson of or other individual designated by the Council acting on behalf of and at the direction of the Council. Adverse Actions. If the director of the designated State unit proposes to take a significant adverse action against a center for independent living, the center may seek mediation and conciliation to be provided by an individual or individuals who are free of conflicts of interest identified by the chairperson of or other individual designated by the Council. If the issue is not resolved through the mediation and conciliation, the center may appeal the proposed adverse action to the Commissioner for a final decision. CENTERS FOR INDEPENDENT LIVING. The new section 724 of the Act sets forth the policies governing the operation of centers for independent living. In General. Each center for independent living that receives assistance under this part shall comply with the standards and provide and comply with the assurances described below in order to ensure that all programs and activities under this part are planned, conducted, administered, and evaluated in a manner consistent with the purposes of this title and the objective of providing assistance effectively and efficiently. Standards. Philosophy. The center shall promote and practice the independent living philosophy of- (1) consumer control of the center regarding decisionmaking, service delivery, management, and establishment of the policy and direction of the center; (2) self-help and self-advocacy; (3) development of peer relationships and peer role models; and (4) equal access to society and to all services, programs, activities, resources, and facilities, whether public or private and regardless of the funding source. Provision of services. The center shall provide services to individuals with a range of severe disabilities. The center shall provide services on a cross-disability basis (for individuals with all different types of severe disabilities). Eligibility for services at any center for independent living shall not be based on the presence of any one or more specific severe disabilities. The Committee intends that the term "provides" means providing directly or through contract or other arrangement. Thus, centers may coordinate with existing service providers for the purchase of services, or the referral to such service providers, where appropriate. Independent living goals. The center shall assist in the development and achievement of independent living goals selected by individuals with severe disabilities who seek such assistance by the center. Community options. The center shall work to increase the availability and improve the quality of community options for independent living in order to facilitate the development and achievement of independent living goals by individuals with severe disabilities. Independent living core services. The center shall provide independent living core services and, as appropriate, a combination of any other independent living services specified in section 7(30)(B). Activities to increase community capacity. The center shall conduct activities to increase the capacity of communities within the service area of the center to meet the needs of individuals with severe disabilities. Resource Development. The center shall conduct resource development activities to obtain funding from sources other than title VII. Assurances. The eligible agency shall provide at such time and in such manner as the Commissioner may require, such satisfactory assurances as the Commissioner may require, including satisfactory assurances that (1) the applicant is an eligible agency; (2) the center will be designed and operated within local communities by individuals with disabilities, including an assurance that the center will have a Board that is the principal governing body of the center and a majority of which shall be composed of individuals with severe disabilities (Note, however that the Committee strongly encourages centers to include on the governing board parents, guardians, advocates and other authorized representatives of individuals with disabilities who have difficulty or are unable due to their disability to represent themselves); (3) the applicant will comply with the standards; (4) the applicant will establish clear priorities through annual and 3-year program and financial planning objectives for the center, including overall goals or a mission for the center, a work plan for achieving the goals or mission, specific objectives, service priorities, and types of services to be provided, and a description that shall demonstrate how the proposed activities of the applicant are consistent with the most recent 3-year State plan under section 703; (5) the applicant will use sound organizational and personnel assignment practices, including taking affirmative action to employ and advance in employment qualified individuals with a severe disability on the same terms and conditions required with respect to the employment of individuals with a disability under section 503; (6) the applicant will ensure that the majority of the staff, and individuals in decisionmaking positions, of the applicant are individuals with disabilities; (7) the applicant will practice sound fiscal management, including making arrangements for an annual independent fiscal audit; (8) the applicant will conduct annual self-evaluations, prepare an annual report, and maintain records adequate to measure performance with respect to the standards, containing information regarding, at a minimum- (A) the extent to which the center is in compliance with the standards; (B) the number and types of individuals with severe disabilities receiving services through the center; (C) the types of services provided through the center and the number of individuals with severe disability receiving each type of service; (D) the sources and amounts of funding for the operation of the center; (E) the number of individuals with severe disabilities who are employed by, and the number who are in management and decisionmaking positions in, the center; and (F) a comparison, when appropriate, of the activities of the center in prior years with the activities of the center in the most recent year; (9) individuals with severe disabilities who are seeking or receiving services at the center will be notified by the center of the existence of, the availability of, and how to contact, the Client Assistance Program; (10) aggressive outreach regarding services provided through the center will be conducted in an effort to reach unserved and underserved populations of individuals with severe disabilities; (11) staff at centers for independent living will receive training on how to serve such unserved and underserved populations; (12) the center will submit to the Statewide Independent Living Council a copy of its approved grant application and the annual report required under paragraph (7); (13) the center will prepare and submit a report to the designated State unit or the Commissioner, as the case may be, at the end of each fiscal year that contains the information described in paragraph (7) and information regarding the extent to which the center is in compliance with the standards described above; and (14) an independent living plan described in section 703(e) will be developed unless the individual who would receive services under the plan signs a waiver stating that such a plan is unnecessary. DEFINITIONS. The new section 725 of the Act sets forth the definitions used in this part of the Act. As used in this part, the terms "eligible agency" means a consumer-controlled, community-based, cross-disability, nonresidential, private nonprofit agency. SPECIAL PROVISION FOR CENTERS OPERATED BY STATE AGENCIES The new section 726 of the Act includes a special provision applicable to State operated centers for independent living. Notwithstanding the requirement that a center for independent living must be a private nonprofit agency, if no applications are received from nonprofit agencies to operate such centers for fiscal year 1993 before a date specified by the Commissioner and the State directly operated such centers in fiscal year 1992 with funds provided under part B, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992, the State may apply to the Commissioner for funds under section 721(f) for the conduct, administration, and evaluation of such centers. These centers must comply with all of the requirements of this part, other than the requirement that the center must be a private nonprofit agency. For fiscal year 1994 and succeeding fiscal years, centers approved under the previous paragraph for fiscal year 1993 may continue to receive assistance under this part on an annual basis only if no acceptable applications are received from private nonprofit agencies by a date specified by the Commissioner and approved by the Commissioner under section 722 or 723, or the State under section 723, or if funds remain after funding all acceptable applications from such agencies. EFFECTIVE DATE The new section 727 of the Act specifies that awards made under part C of title VII (centers) before October 1, 1992 shall be carried out in accordance with the requirements of law in effect prior to the date of enactment of the Rehabilitation Act Amendments of 1992. PART D-PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS PURPOSE. The Committee recognizes the need to modernize the PAIR program first established in 1978. Funding for the program was first provided in fiscal year 1991 and distributed through a competitive grant process, which awarded eleven grants throughout the country. The new section 731 of the Act sets forth the purpose of part D of the title: It is the purpose of this part to support systems to protect the legal and human rights of individuals with disabilities whose request for services cannot be addressed by, or who are ineligible for, the Client Assistance Program under section 112 and who are ineligible for protection and advocacy programs under part C of the Developmental Disabilities Assistance and Bill of Rights Act and the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 6041 et seq.) (referred to in this part as "protected individuals"). The Committee intends the PAIR program to provide advocacy services to individuals with disabilities who are not eligible for services under the existing P and A and CAP programs. However, eligibility for one program does not necessarily exclude eligibility under another existing program. For example, a client of the vocational rehabilitation program who uses the CAP program for issues related to the VR process may also access PAIR to handle a matter not covered by the Rehabilitation Act. Likewise, a person with mental illness may receive services from PAIMI on issues relating to institutional abuse or neglect but also receive PAIR services for discrimination in housing in the community upon discharge. PROGRAM AUTHORIZATION AND ALLOTMENTS. The new section 732 of the Act specifies the policies governing program authorization and allotments. The bill reserves funds for training and technical assistance. Authorized activities under this reservation would include: seminars, on-site consultation, peer review and any other activity to enhance the delivery of quality services. The provision of this training should be by agencies and organizations who have a demonstrated record of providing these services. With respect to the remainder of the funds, the bill allots funds by formula and sets forth different expectations depending on the level of appropriations. If Congress appropriates less than $5.5 million, it is expected that recipients will plan for, develop outreach strategies for, and carry out protection and advocacy programs authorized under this part. Thus, the Committee recognizes that in the early stages of the phase-in, the programs will not be available to provide services to a large number of individuals with disabilities. If Congress appropriates more than $5.5 million, it is expected that programs will concentrate on the provision of services. ELIGIBILITY FOR ASSISTANCE. The new section 733 of the Act specifies that only "eligible systems may apply for assistance under this part. As used in this part, the term "eligible system" means a protection and advocacy system that is established under part C of the Developmental Disabilities Assistance and Bill of Rights Act and that meets the requirements of section 734. The Committee decided to connect the program to the existing system in order to benefit from the experience gained by that program and reduce potential duplication of administrative costs. The connection will ensure early start-up and cost-effective advocacy. SYSTEM REQUIREMENTS. The new section 734 of the Act specifies the system requirements. Eligibility. To be eligible to receive assistance under this part, a system shall- (1) have the same general authorities, including access to records and program income, as are set forth in part C of the Developmental Disabilities Assistance and Bill of Rights Act; (2) on an annual basis, develop a statement of objectives and priorities, and provide to the public, including individuals with disabilities and their representatives, as appropriate, and other persons, an opportunity to comment on the objectives and priorities established and activities of, the system including- (A) the objectives and priorities for the activities of the system for each year and the rationale for the establishment of such objectives and priorities; and (B) the coordination of programs provided through the system under this part with protection and advocacy programs established under the Developmental Disabilities Assistance and Bill of Rights Act and under the Protection and Advocacy for Mentally Ill Individuals Act of 1986, the Client Assistance Program under section 112, and the State long-term care ombudsmen program established under the Older Americans Act of 1965; and (3) establish a grievance procedure for clients or prospective clients of the system to assure that individuals with disabilities have full access to services of the system. Assurances. To be eligible to receive assistance under this part, a system shall provide assurances to the Secretary that funds made available under this part will be used to supplement and not supplant the non-Federal funds that would otherwise be made available for the purpose for which Federal funds are provided. The Committee recognizes that many policy issues affecting protection and advocacy services have been addressed by the Administration on Developmental Disabilities within the Department of Health and Human Services. The Committee expects the Commissioner of RSA to adopt the policies developed by ADD in order to ensure consistency and uniformity of interpretation. DIRECT FUNDING. The new section 735 of the Act specifies that: Notwithstanding any other provision of law, the Secretary shall pay directly to any system that complies with the provisions of this part, the amount of the allotment of the system under this part, unless the system designates another entity to receive payment. DELEGATION. The new section 736 of the Act specifies that: "The Secretary may delegate the administration of this program to the Commissioner of the Administration on Developmental Disabilities within the Department of Health and Human Services." TITLE VIII-AMENDMENTS TO OTHER ACTS SUBTITLE A-HELEN KELLER NATIONAL CENTER CONGRESSIONAL FINDINGS. Section 801 of the bill amends section 202 of the Helen Keller National Center Act (29 U.S.C. 1901) by adding to the list of reasons for the need for services for individuals who are deaf- blind the rapidly increasing number of older persons many of whom are experiencing significant losses of both vision and hearing. CONTINUED OPERATION OF CENTER. Section 802 of the bill amends section 203 of the Act to add as new purposes the training of family members of individuals who are deaf-blind in order to assist them in providing and obtaining appropriate services for the individual who is deaf-blind and maintaining a national registry in order to provide information and data regarding individuals who are deaf-blind. AUDIT, MONITORING, AND EVALUATION. Section 803 of the bill makes a technical change to section 204 of the Act to specify that the annual audit is to be submitted to the Secretary within 15 days following the completion of the audit and acceptance of the audit by the Center. AUTHORIZATION OF APPROPRIATIONS. Section 804 of the bill updates section 205 of the Act by continuing the "such sums" authorization of appropriations provisions and striking 1987 through 1992 and inserting 1993 through 1997. DEFINITIONS. Section 805 of the bill amends section 206 of the Act to include in the definition of the term "individual who is deaf-blind" an individual 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. This change is to address situations where persons with very severe or multiple disabilities may be inadvertently excluded from services due to the existing requirements based exclusively on medical testing. CONSTRUCTION OF ACT, EFFECT ON AGREEMENTS. Section 806 of the bill amends section 207 of the Act to make a technical change. ESTABLISHMENT OF A PROGRAM. Section 807 of the bill adds a new section to the Act to establish the Helen Keller National Center Federal Endowment Fund consistent with other Federal endowment funds. TECHNICAL AND CONFORMING AMENDMENTS. Section 808 of the bill amends the Act by making several technical and conforming changes. SUBTITLE B-OTHER PROGRAMS COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED. Section 811 of the bill amends the Javits-Wagner-O'Day Act (41 U.S.C. 46) to change the name of the Committee for Purchase from the Blind and Other Severely Handicapped to the Committee for Purchase from People who are Blind or Severely Disabled and makes other conforming changes. INDIVIDUALS WITH DISABILITIES EDUCATION ACT. Section 812 of the bill amends section 631(a) of the Individuals with Disabilities Education Act (20 U.S.C. 1431(a)) to authorize the Secretary to provide grants for training or retraining of regular education teachers in the communication needs of individuals who are deaf. The Committee notes that this authority is being transferred from the Rehabilitation Act to the Individuals with Disabilities Act. The bill directs the Secretary of Education to issue a Notice of Inquiry regarding the terminology "seriously emotionally disturbed" and the definition of the term set forth in the regulations implementing the Act. TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES ACT OF 1988. Section 813 of the bill amends the Technology-Related Assistance for Individuals With Disabilities Act of 1988 to make a technical change. THE PRESIDENT'S COMMITTEE ON THE EMPLOYMENT OF PEOPLE WITH DISABILITIES. Section 816 of the bill amends the "Joint resolution authorizing an appropriation for the work of the President's Committee on National Employ the Physically Handicapped Week" to make technical and conforming changes and to strike the provision that specifies that the Committee shall be guided by general policies of the National Council on Disability. V. COST ESTIMATE [hard copy only] VI. REGULATORY IMPACT STATEMENT The Committee has determined that there will be minimal increase in the regulatory burden imposed by the bill. VII. SECTION-BY-SECTION ANALYSIS Section 1. This section provides that the short title of the bill is the "Rehabilitation Act of 1992" and amends the Table of Contents. Section 2. This section provides that "except that otherwise 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 references shall be considered to be made to a section or other provision of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). TITLE I - ADMINISTRATION AND VOCATIONAL REHABILITATION SERVICES Section 101. This section amends section 2 of the Act to provide for findings and purpose and policy for the Act. Section 102. This section amends the definitions included in section 7 of the Act and makes other technical and conforming changes. Section 103. This section amends section 8(a)(1) of the Act to make technical and conforming changes. Section 104. This section amends section 10 of the Act to make a technical and conforming change. Section 105. This section amends section 13 of the Act to include "types of rehabilitation technology services provided" in the reporting requirements. Section 106. This section amends section 18 of the Act to make a technical and conforming change. Section 107. This section adds a new section to allow States to carry over any funds appropriated for a fiscal year, but not obligated and expended prior to the beginning of the succeeding fiscal year. Section 108. This section adds a new section requiring all programs that provide services under this Act to inform their clients of the client assistance program. Section 111. This section amends section 100 of the Act to include findings, purpose, and policy for title I of the Act and authorization of appropriations. Section 112. This section amends section 101 of the Act regarding the State plan requirements in several ways. The bill clarifies provisions relating to the date of submission of the State plan, personnel development and standards, availability of comparable services, use of existing information, interagency cooperation, public comment on the State plan, and transition of students from school to adult services. This section adds requirements relating to coordination with the Statewide Independent Living Council, the development and implementation of the strategic plan, the system of personnel evaluation, the work with disability organizations, business, industry and labor to expand employment opportunities and the establishment of the State Rehabilitation Advisory Council. The bill makes other technical and conforming changes. Section 113. This section amends section 102 of the bill to make various changes in the process for determining eligibility for vocational rehabilitation services and in the individual written rehabilitation program. Section 114. The section amends section 103 of the Act relating to the scope of services to add referral to other agencies for services, transition services not available under this Act, on-the- job and other related personal assistance services, and supported employment services and to make other technical and conforming changes. Section 115. This section amends section 104 of the Act to make a technical and conforming change. Section 116. This section adds a new section to part A of title I of the Act to provide for State Rehabilitation Advisory Councils. Section 117. This section adds a new section to part A of title I of the Act to require the Commissioner to develop evaluation standards and performance indicators for the vocational rehabilitation program provided under this title. Section 118. This section adds a new section to part A of title I of the Act to provide for the Commissioner to monitor and review the vocational rehabilitation programs provided under this title. Section 119. This section amends section 110 of the Act to make technical and conforming changes regarding reallotments. Section 120. This section amends section 111 of the Act to make technical and conforming changes regarding the maintenance of effort requirement. Section 121. This section amends section 112 of the Act to clarify the functions of the client assistance program and what constitutes good cause for the redesignation of a client assistance program by the Governor. This section makes other technical and conforming changes. Section 122. This section replaces part C of title I of this Act with a new part C that requires the States to develop a statewide strategic plan for expanding and improving the vocational rehabilitation services provided. Section 123. This section repeals section 131 of the Act. Section 124. This is a new section that requires the Commissioner to conduct a review of the current system for collecting and reporting client data. Section 125. This is a new section that requires an exchange of data of mutual importance between the Secretary of Education and the Secretary of Health and Human Services regarding mutual clients. Section 126. This is a new section that requires the Secretary of Education to promulgates regulations regarding the order of selection and quality of services where individuals with disabilities procure services directly. Section 127. This is a new section that allows any State that uses, during fiscal year 1992, program income from Social Security reimbursement payments for programs under the Act other than the program that generated the payment to continue such use until October 1, 1994, at which time the payments must be used in the program that generated the payment. TITLE II - RESEARCH Section 201. This section amends section 200 of the Act to revise the declaration of purpose for title II. Section 202. This section amends section 201 of the Act to authorize "such sums" to carry out this title for fiscal years 1993 through 1997. Section 203. This section amends section 202 of the Act to clarify the duties of the Director of the National Institute on Disability and Rehabilitation Research. Section 204. This section amends section 203 of the Act to include the Commissioner of the Rehabilitation Services Administration, and the Assistant Secretary for Special Education and Rehabilitative Services on the Interagency Committee and to clarify that the Committee should seek input from individuals with disabilities and their families. Section 205. This section amends section 204 of the Act in several ways. This section specifies certain requirements for the centers funded under this title and transfers the authority for projects and demonstrations relating to spinal cord injury from title III to title II. This section adds authority for grants for models systems of comprehensive service delivery to individuals with severe disabilities other than spinal cord injury and for model personal assistance services systems and other innovative service programs. This section deletes the age restrictions regarding research related to older individuals with disabilities and clarifies that research may be designed to assist older workers with disabilities to adjust upon leaving the work force. Section 206. This is a new section that provides for a Rehabilitation Research Advisory Council within the Department of Education. TITLE III - TRAINING AND DEMONSTRATION PROJECTS Section 301. This section amends section 300 of the Act to revise the declaration of purpose for title III, to reorganize the title, and to strike section 301. Section 302. This section amends section 301 (as redesignated by section 301 of the bill) regarding personnel training to make technical and conforming changes, to clarify the requirement that training programs recruit and train individuals with disabilities and members of minority groups, to eliminate the cap on the number of interpreter programs for individuals who are deaf and to add authority for interpreter programs for individuals who are deaf- blind. Section 303. This is a new section to authorize grants for training projects designed to address unmet and emerging needs in the area of rehabilitation training including projects for training of rehabilitation personnel, impartial hearing officers, and individuals with disabilities and their families. Section 304. This section amends section 303 (as redesignated by section 301 of the bill) of the Act to make several technical and conforming changes. Section 305. This section amends section 304 (as redesignated by section 301 of the bill) of the Act to make several technical and conforming changes. Section 306. This section amends section 305 of the Act to make technical and conforming changes. Section 307. This section amends section 306 of the Act to make technical and conforming changes. Section 308. This section amends section 310 of the Act to authorize "such sums" as may be necessary to carry out part B, with the exception of sections 311(d), 311(e), 312, 316, and 317. Section 309. This section amends section 311 of the Act add authority for projects to increase client choice, to identify innovative methods to evaluate the performance of vocational rehabilitation counselors, to provide services to facilitate the transition from rehabilitation hospital, nursing home or comparable program into independent living programs in the community, and to improve the management and service delivery systems of the vocational rehabilitation programs authorized under the Act. Section 310. This section amends section 312 of the Act to add nonprofit agencies working in collaboration with the State agency as potential grantees for programs regarding migratory workers with disabilities and to transfer the authorization of appropriations of "such sums as may be necessary to carry out this section" from section 310 of the Act. Section 311. This section amends section 316 of the Act to add certain requirements for the special recreational programs and to specify the Federal match of 90 percent for the first year of the grant, 75 percent for the second year and 50 percent for the third year. Applicants for grants must describe how they will made their findings generally available and how they will continue the program after the grant ends. Section 312. This section regarding independent living services for older individuals who are blind is transferred from title VII, part C of the Act. This section requires that these services include the independent living core services and that certain assurance be included in the grant application for funds under this section. TITLE IV - NATIONAL COUNCIL ON DISABILITY Section 401. This section amends section 400 of the Act in regard to the selection of members of the National Council on Disability, the make-up of the Council, and the terms of the members of the Council. Section 402. This section amends section 401 of the Act regarding the duties of the National Council on Disability. Section 403. This section amends section 402 of the Act to make and technical and conforming change. Section 404. This section amends section 403 of the Act to eliminate the cap on the number of staff positions and to make a technical and conforming change. Section 405. This section amends section 405 of the Act to authorize such sums as may be necessary to carry out this section for fiscal years 1993 through 1997. TITLE V - ACCESS Section 501. This section amends title V of the Act to change the title heading to "Title V-ACCESS." Section 502. This section repeals section 500 of the Act. Section 503. This section amends section 501 of the Act to make technical and conforming changes and to clarify the standards to be used to determine whether there has been a violation under this section. Section 504. This section amends section 502 of the Act to make technical and conforming changes and to clarify the Architectural and Transportation Barriers Compliance Board's functions, interagency agreements, and reports. Section 505. This section amends section 503 of the Act relating to employment under federal contract to make several technical and conforming changes and to clarify the standards to be used to determine whether there has been a violation under this section. Section 506. This section amends section 504 of the Act on nondiscrimination under federal grants and programs to clarify the standards to be used to determine a whether there has been a violation under this section. Section 507. This section amends section 506 of the Act to make several technical and conforming changes. Section 508. This section amends section 507 of the Act to make technical and conforming changes. Section 509. This section amends section 508 of the Act to update this section including changing the title to "Electronic and information technology accessibility guidelines." TITLE VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES Section 601. This section amends section 611 of the Act to make technical and conforming changes. Section 602. This section amends section 613 of the Act to make a conforming change. Section 603. This section amends section 616 of the Act to make a conforming change. Section 604. This section amends section 617 of the Act to authorize such sums as are necessary for fiscal years 1993 through 1997. Section 605. This section amends section 621 of the Act relating to Projects with Industry to make technical and conforming changes, to clarify eligibility for PWI services, and to specify that PWI grant agreements may include the provision of technical assistance to other PWIs or prospective PWIs. Authority for projects for currently employed workers with disabilities who need new or upgraded skills is also included. Section 606. This section amends section 623 of the Act to authorize such sums as may be necessary for Projects with Industry for fiscal years 1993 through 1997. Section 607. This section replaces title VI, part C of the Act. The new section clarifies the purpose of the supported employment, increases the minimum State allotment, clarifies the relationship between this section and title I, and specifies what is required in the State plan supplement. TITLE VII - CENTERS FOR INDEPENDENT LIVING AND INDEPENDENT LIVING SERVICES Section 701. This section replaces title VII of the Act and continues to provide funds to the State agenices for independent living services consistent with the State plan, converts the independent living center program from a competitive grant program to a formula grant program, and establishes an independent living council that has joint sign-off with the state agency regarding the State plan for independent living. In addition, the bill modifies the protection and advocacy program and converts it to a formula grant program. TITLE VIII - AMENDMENTS TO OTHER ACTS Section 801. This section amends section 202 of the Helen Keller National Center Act (29 U.S.C. 1901) to update the Congressional findings. Section 802. This section amends section 203 of the Helen Keller Act to make technical and conforming changes, and to add training of family members of individuals who are deaf-blind and maintaining a national registry of individuals who are deaf-blind to the purposes of the Center. Section 803. This section amends section 204 of the Helen Keller Act to specify when the annual audit must be submitted to the Secretary. Section 804. This section amends section 205 of the Helen Keller Act to authorize such sums as may be necessary for fiscal years 1993 through 1997. Section 805. This section amends section 206 of the Helen Keller Act to clarify the definition of "individual who is deaf-blind" and to add those individuals whose sight and hearing cannot be accurately measured, but who are functionally individuals who are deaf-blind. Section 806. This section amends section 207 of the Helen Keller Act to make a technical and conforming change, Section 807. This section adds a new section to the Helen Keller National Center Act to allow for the establishment of a Federal endowment fund for the Center. Section 808. This section makes technical and conforming changes to the Helen Keller National Center Act. Section 811. This section amends section 1 of the Wagner-O'Day Act (41 U.S.C. 46) to make a technical and conforming change. Section 812. This section amends section 631 of the Individuals with Disabilities Education Act (20 U.S.C. 1431) to transfer the authority to make grants for the training or retraining of regular education teachers in the communication needs of individuals who are deaf from the Rehabilitation Act. This section also directs the Secretary of Education to issue a Notice of Inquiry regarding the terminology "seriously emotionally disturbed" and the definition of that term. Section 813. This section amends section 221 of the Technology- Related Assistance for Individuals with Disabilities Act of 1988 to make a technical change. Section 814. This section amends the joint resolution entitled "Joint resolution authorizing an appropriation for the work of the President's Committee on National Employ the Physically Handicapped Week" to make technical and conforming changes, to authorize to be appropriated such sums as may be necessary for fiscal years 1993 through 1997, and to strike that the Committee will be guided by the general policies of the National Council on Disability. VIII. CHANGES IN EXISTING LAW In compliance with rule XXVI, paragraph 12 of the Standing Rules of the Senate, the following provides a print of the statute or the part or section thereof to be amended or replaced (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): [hard copy only]