[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1295 Enrolled Bill (ENR)]

        S.1295
                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
  the fifth day of January, one thousand nine hundred and ninety-three


                                 An Act

  
 
  To amend the Rehabilitation Act of 1973 and the Education of the Deaf 
Act of 1986 to make technical and conforming amendments to the Act, and 
for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rehabilitation Act Amendments of 
1993''.
                   TITLE I--REHABILITATION ACT OF 1973

SEC. 101. REFERENCES.

    Except as otherwise specifically provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the 
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).

SEC. 102. REHABILITATION ACT AMENDMENTS OF 1992.

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

SEC. 103. DEFINITIONS.

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

SEC. 104. CARRYOVER.

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

SEC. 105. CLIENT ASSISTANCE INFORMATION.

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

SEC. 106. TRADITIONALLY UNDERSERVED POPULATIONS.

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

SEC. 107. VOCATIONAL REHABILITATION SERVICES.

    (a) State Plans.--Section 101(a) (29 U.S.C. 721(a)) is amended--
        (1) in paragraph (10)(A), by striking ``described in 
    subparagraph (C)'' and inserting ``described in subparagraph (D)'';
        (2) in paragraph (32), by inserting ``or independent commission 
    described in paragraph (36)'' after ``Council'';
        (3) in paragraph (34)(B) by striking ``part B'' and inserting 
    ``section 110''; and
        (4) in paragraph (36)--
            (A) by amending subparagraph (B)(i) to read as follows:
                ``(i) is responsible under State law for operating, or 
            overseeing the operation of, the vocational rehabilitation 
            program in the State;''; and
            (B) in subparagraph (C)--
                (i) by amending clause (i) to read as follows:
                ``(i) an independent commission is responsible under 
            State law for operating, or overseeing the operation of, the 
            vocational rehabilitation programs of both such agencies and 
            meets the requirements of clauses (ii) and (iv) of 
            subparagraph (B);''; and
                (ii) by striking clause (ii) and inserting the 
            following:
                ``(ii)(I) an independent commission is responsible under 
            State law for operating, or overseeing the operation of, the 
            vocational rehabilitation program in the State for 
            individuals who are blind, is consumer-controlled by and 
            represents individuals who are blind, and undertakes the 
            function set forth in section 105(c)(3); and
                ``(II) an independent commission is responsible under 
            State law for operating, or overseeing the operation of, the 
            vocational rehabilitation program in the State for all 
            individuals with disabilities except for individuals who are 
            blind and meets the requirements of clauses (ii) and (iv) of 
            subparagraph (B); or
                ``(iii)(I) an independent commission is responsible 
            under State law for operating, or overseeing the operation 
            of, the vocational rehabilitation program in the State for 
            individuals who are blind, is consumer-controlled by and 
            represents individuals who are blind, and undertakes the 
            function set forth in section 105(c)(3); and
                ``(II) the State has established a State Rehabilitation 
            Advisory Council that meets the criteria set forth in 
            section 105 and carries out the duties of such a Council 
            with respect to functions for, and services provided to, 
            individuals with disabilities except for individuals who are 
            blind.''.
    (b) Individualized Written Rehabilitation Program.--Section 102 (29 
U.S.C. 722) is amended--
        (1) in subsection (a)(5)(B), by striking ``section 
    7(22)(A)(iii)'' and inserting ``section 7(22)(A)(ii)''; and
        (2) in subsection (d)--
            (A) in paragraph (2)(C)(ii)(I), by striking ``who were 
        appointed under one of subparagraphs (E) through (H) of section 
        105(b)(1);'' and inserting ``who were appointed under one of 
        clauses (v) through (viii) of section 105(b)(1)(A), or under one 
        of clauses (v) through (ix) of section 105(b)(1)(B), as 
        appropriate;''; and
            (B) in paragraph (6)(B), by redesignating paragraphs (1) 
        through (4) as clauses (i) through (iv), respectively.
    (c) Vocational Rehabilitation Services.--Section 103(a) (29 U.S.C. 
723(a)) is amended--
        (1) in paragraph (4)--
            (A) in subparagraph (D), by striking ``a physician skilled 
        in the diseases of the eye or by an optometrist, whichever the 
        individual may select,'' and inserting ``qualified personnel, 
        under State licensure laws, that are selected by the 
        individual,''; and
            (B) in subparagraph (F), by striking ``a physician or 
        licensed psychologist'' and all that follows and inserting 
        ``qualified personnel under State licensure laws;''; and
        (2) in paragraph (6), by striking ``those individuals'' and all 
    that follows and inserting ``those individuals determined to be 
    blind after an examination by qualified personnel under State 
    licensure laws;''.
    (d) State Rehabilitation Advisory Council.--
        (1) Amendments.--Section 105 (29 U.S.C. 725) is amended--
            (A) in subsection (b)--
                (i) by striking paragraph (1) and inserting the 
            following:
        ``(1) Composition.--
            ``(A) In general.--Except in the case of a separate Council 
        established under subsection (a)(2), the Council shall be 
        composed of--
                ``(i) at least one representative of the Statewide 
            Independent Living Council established under section 705, 
            which representative may be the chairperson or other 
            designee of the Council;
                ``(ii) at least one representative of a parent training 
            and information center established pursuant to section 
            631(e)(1) of the Individuals with Disabilities Education Act 
            (20 U.S.C. 1431(e)(1));
                ``(iii) at least one representative of the client 
            assistance program established under section 112;
                ``(iv) at least one vocational rehabilitation counselor, 
            with knowledge of and experience with vocational 
            rehabilitation programs, who shall serve as an ex officio, 
            nonvoting member of the Council if the counselor is an 
            employee of the designated State agency;
                ``(v) at least one representative of community 
            rehabilitation program service providers;
                ``(vi) four representatives of business, industry, and 
            labor;
                ``(vii) representatives of disability advocacy groups 
            representing a cross section of--

                    ``(I) individuals with physical, cognitive, sensory, 
                and mental disabilities; and
                    ``(II) parents, family members, guardians, 
                advocates, or authorized representatives, of individuals 
                with disabilities who have difficulty in representing 
                themselves or are unable due to their disabilities to 
                represent themselves; and

                ``(viii) current or former applicants for, or recipients 
            of, vocational rehabilitation services.
            ``(B) Separate council.--In the case of a separate Council 
        established under subsection (a)(2), the Council shall be 
        composed of--
                ``(i) at least one representative described in 
            subparagraph (A)(i);
                ``(ii) at least one representative described in 
            subparagraph (A)(ii);
                ``(iii) at least one representative described in 
            subparagraph (A)(iii);
                ``(iv) at least one vocational rehabilitation counselor 
            described in subparagraph (A)(iv), who shall serve as 
            described in such subparagraph;
                ``(v) at least one representative described in 
            subparagraph (A)(v);
                ``(vi) four representatives described in subparagraph 
            (A)(vi);
                ``(vii) at least one representative of a disability 
            advocacy group representing individuals who are blind;
                ``(viii) at least one parent, family member, guardian, 
            advocate, or authorized representative, of an individual 
            who--

                    ``(I) is an individual who is blind and has multiple 
                disabilities; and
                    ``(II) has difficulty in representing himself or 
                herself or is unable due to disabilities to represent 
                himself or herself; and

                ``(ix) applicants or recipients described in 
            subparagraph (A)(viii).
            ``(C) Exception.--In the case of a separate Council 
        established under subsection (a)(2), any Council that is 
        required by State law, as in effect on the date of enactment of 
        the Rehabilitation Act Amendments of 1992, to have fewer than 13 
        members shall be deemed to be in compliance with subparagraph 
        (B) if the Council--
                ``(i) meets the requirements of subparagraph (B), other 
            than the requirements of clauses (vi) and (ix) of such 
            subparagraph; and
                ``(ii) includes at least--

                    ``(I) one representative described in subparagraph 
                (B)(vi); and
                    ``(II) one applicant or recipient described in 
                subparagraph (B)(ix).''; and

                (ii) in paragraph (3)--

                    (I) in the first sentence, by striking ``or the 
                appropriate entity within the State responsible for 
                making appointments''; and
                    (II) by inserting after the first sentence the 
                following: ``In the case of a State that, under State 
                law, vests appointment authority in an entity in lieu 
                of, or in conjunction with, the Governor, such as one or 
                more houses of the State legislature, or an independent 
                board that has general appointment authority, that 
                entity shall make the appointments.''; and

            (B) in subsection (g), by inserting ``(except for funds 
        appropriated to carry out the client assistance program under 
        section 112 and funds reserved pursuant to section 110(d) to 
        carry out part D of this title)'' before ``to reimburse 
        members''.
        (2) Effective date.--In the case of a State that demonstrates to 
    the satisfaction of the Secretary of Education that the State has 
    designated a State agency to administer the part of the State plan 
    under which vocational rehabilitation services are provided for 
    individuals who are blind under section 101(a)(1)(A)(i) of the 
    Rehabilitation Act of 1973, and has established by State law a 
    separate Council to perform the duties of a State Rehabilitation 
    Advisory Council with respect to such State agency, the Secretary 
    may delay the effective date of all or part of section 105(b)(1)(B), 
    as amended by paragraph (1), until October 1, 1994.
    (e) State Allotments.--Section 110(c) (29 U.S.C. 730(c)) is 
amended--
        (1) in paragraph (2)--
            (A) by striking ``to pay for initial expenditures during''; 
        and
            (B) by inserting at the end the following: ``The 
        Commissioner shall make such amount available only if such other 
        State will be able to make sufficient payments from non-Federal 
        sources to pay for the non-Federal share of the cost of 
        vocational rehabilitation services under the State plan for the 
        fiscal year for which the amount was appropriated.''; and
        (2) by striking paragraph (4).
    (f) Payments to States.--Section 111(b) (29 U.S.C. 731(b)) is 
amended by moving paragraphs (1) and (2) 2 ems to the right.
    (g) Client Assistance Program.--Section 112 (29 U.S.C. 732) is 
amended--
        (1) in the first sentence of subsection (a), by striking 
    ``facilities'' and inserting ``community rehabilitation programs''; 
    and
        (2) in subsection (e)(1)(D), by striking clause (ii) and 
    inserting the following:
    ``(ii) For any fiscal year in which the total amount appropriated 
under subsection (h) exceeds the total amount appropriated under such 
subsection for the preceding fiscal year by a percentage greater than 
the most recent percentage change in the Consumer Price Index For All 
Urban Consumers published by the Secretary of Labor under section 
100(c)(1), the Secretary shall increase each of the minimum allotments 
under clause (i) by such percentage change in the Consumer Price Index 
For All Urban Consumers.''.
    (h) Innovation and Expansion Grants.--Section 124 (29 U.S.C. 744) is 
amended--
        (1) in subsection (a)--
            (A) in paragraph (2)--
                (i) in subparagraph (A), by striking ``this subsection'' 
            and inserting ``paragraph (1)(B)''; and
                (ii) in subparagraph (B), by striking ``allotted'' and 
            inserting ``allotted under paragraph (1)(A)''; and
            (B) by striking paragraph (3) and inserting the following:
        ``(3) Adjustment for inflation.--For any fiscal year, beginning 
    in fiscal year 1994, in which the total amount appropriated to carry 
    out this part exceeds the total amount appropriated to carry out 
    this part for the preceding fiscal year by a percentage greater than 
    the most recent percentage change in the Consumer Price Index For 
    All Urban Consumers published by the Secretary of Labor under 
    section 100(c)(1), the Commissioner shall increase the minimum 
    allotment under paragraph (1)(B) by such percentage change in the 
    Consumer Price Index For All Urban Consumers.''; and
        (2) by striking subsection (b) and inserting the following:
    ``(b) Proportional Reduction.--To provide minimum allotments to 
States (as increased under subsection (a)(3)) under subsection 
(a)(1)(B), or to provide minimum allotments to States under subsection 
(a)(2)(B), the Commissioner shall proportionately reduce the allotments 
of the remaining States under subsection (a)(1)(A), with such 
adjustments as may be necessary to prevent the allotment of any such 
remaining State from being reduced to less than the minimum allotment 
for a State (as increased under subsection (a)(3)) under subsection 
(a)(1)(B), or the minimum allotment for a State under subsection 
(a)(2)(B), as appropriate.''.

SEC. 108. CLIENT INFORMATION.

    Title I (29 U.S.C. 721 et seq.) is amended by adding at the end the 
following:

     ``Part E--Vocational Rehabilitation Services Client Information

``SEC. 140. REVIEW OF DATA COLLECTION AND REPORTING SYSTEM.

    ``(a) Review.--The Commissioner shall conduct a comprehensive review 
of the current system for collecting and reporting data on clients of 
programs carried out under this Act, particularly data on clients of the 
programs carried out under this title.
    ``(b) Considerations.--
        ``(1) Current data.--In conducting the review, the Commissioner 
    shall examine the kind, quantity, and quality of the data that are 
    currently collected and reported, taking into consideration the 
    range of purposes that the data serve at the Federal, State, and 
    local levels.
        ``(2) Additional information.--In conducting the review, the 
    Commissioner shall examine the feasibility of collecting and 
    reporting under the system information, if such information can be 
    determined, with respect to each client participating in a program 
    under this Act, regarding--
            ``(A) other programs in which the client participated during 
        the 3 years before the date on which the client applied to 
        participate in a program under this Act;
            ``(B) the number of jobs held, hours worked, and earnings 
        received by the client during such 3 years;
            ``(C) the types of major and secondary disabilities of the 
        client;
            ``(D) the dates of the onset of the disabilities;
            ``(E) the severity of the disabilities;
            ``(F) the source from which the client was referred to a 
        program under this Act;
            ``(G) the hours worked by the client;
            ``(H) the size and industry code of the place of employment 
        of the client at the time of entry into such a program and at 
        the termination of services under the program;
            ``(I) the number of services provided to the client under 
        the programs and the cost of each service;
            ``(J) the types of public support received by the client;
            ``(K) the primary sources of economic support and amounts of 
        public assistance received by the client before and after 
        receiving the services;
            ``(L) whether the client is covered by health insurance from 
        any source and whether health insurance is available through the 
        employer of the client;
            ``(M) the supported employment status of the client; and
            ``(N) the reasons for terminating the services received by 
        the client.
    ``(c) Recommendations.--Based on the review, the Commissioner shall 
recommend improvements in the data collection and reporting system.
    ``(d) Views.--In developing the recommendations, the Commissioner 
shall seek views of persons and entities providing or using such data, 
including State agencies, State Rehabilitation Advisory Councils, 
providers of vocational rehabilitation services, professionals in the 
field of vocational rehabilitation, clients and organizations 
representing clients, the National Council on Disability, other Federal 
agencies, non-Federal researchers, other analysts using the data, and 
other members of the public.
    ``(e) Publication and Submission of Report.--Not later than 18 
months after the date of the enactment of the Rehabilitation Act 
Amendments of 1992 (Public Law 102-569), the Commissioner shall publish 
the recommendations in the Federal Register and shall prepare and submit 
a report containing the recommendations to the appropriate committees of 
Congress. The Commissioner shall not implement the recommendations 
earlier than 90 days after the date on which the Commissioner submits 
the report.

``SEC. 141. EXCHANGE OF DATA.

    ``(a) Exchange.--The Secretary of Education and the Secretary of 
Health and Human Services shall enter into a memorandum of understanding 
for the purposes of exchanging data of mutual importance--
        ``(1) that concern clients of State vocational rehabilitation 
    agencies; and
        ``(2) that are data maintained either by--
            ``(A) the Rehabilitation Services Administration, as 
        required by section 13; or
            ``(B) the Social Security Administration, from its Summary 
        Earnings and Records and Master Beneficiary Records.
    ``(b) Treatment of Information.--For purposes of the exchange, the 
data described in subsection (a)(2)(B) shall not be considered return 
information (as defined in section 6103(b)(2) of the Internal Revenue 
Code of 1986) and, as appropriate, the confidentiality of all client 
information shall be maintained by both agencies.''.

SEC. 109. RESEARCH AND TRAINING.

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

                    (I) by striking ``Assistance to Individuals'' and 
                inserting ``Assistance for Individuals''; and
                    (II) by striking the comma after ``representatives 
                of the individuals''; and

            (C) in paragraph (4)(A), by moving clause (iii) 2 ems to the 
        right.

SEC. 110. TRAINING AND DEMONSTRATION PROJECTS.

    (a) Training.--Section 302 (29 U.S.C. 771a) is amended--
        (1) in subsection (d)--
            (A) in the second sentence, by striking ``local employees, 
        who are recruited from or reside in'' and inserting ``local 
        residents, who are recruited from''; and
            (B) by inserting after the second sentence a new sentence to 
        read as follows: ``Entities receiving grants to carry out 
        projects under this subsection shall coordinate the activities 
        carried out through the projects with the activities of State 
        vocational rehabilitation agencies to promote the employment of 
        the individuals trained to be rehabilitation technicians.''; and
        (2) in subsection (h), to read as follows:
    ``(h) There are authorized to be appropriated to carry out this 
section such sums as may be necessary for each of the fiscal years 1993 
through 1997.''.
    (b) Authorization of Appropriations.--Section 310 (29 U.S.C. 777) is 
amended by striking ``sections 311(d), 311(e),'' and inserting 
``sections 311(c), 311(d),''.
    (c) Special Demonstration Programs.--Section 311 (29 U.S.C. 777a) is 
amended--
        (1) in subsection (a)(1), by striking the comma at the end and 
    inserting a semicolon; and
        (2) in subsection (c)(1)(B) by inserting ``and'' before 
    ``(iii)''.
    (d) Special Recreational Programs.--Section 316(a)(1) (29 U.S.C. 
777f(a)(1)) is amended in the first sentence, by striking ``handicapped 
individuals'' and inserting ``individuals with disabilities''.

SEC. 111. NATIONAL COUNCIL ON DISABILITY.

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

SEC. 112. RIGHTS AND ADVOCACY.

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

SEC. 113. AVAILABILITY OF SERVICES.

    Section 633 (29 U.S.C. 795l) is amended by striking ``subsection (c) 
or (f)'' and inserting ``subsection (b) or (c)''.
    SEC. 114. INDEPENDENT LIVING SERVICES AND CENTERS FOR INDEPENDENT 
      LIVING.
    (a) Purpose.--Section 701(3) (29 U.S.C. 796(3)) is amended by 
striking ``other Federal programs'' and inserting ``other Federal law''.
    (b) State Plan.--Section 704(c)(2) (29 U.S.C. 796c(c)(2)) is amended 
by striking ``programs under parts B and C'' and inserting ``a program 
under part B, and a program under part C in a case in which the program 
is administered by the State under section 723''.
    (c) Statewide Independent Living Council.--Section 705 (29 U.S.C. 
795d) is amended--
        (1) in the second sentence of subsection (a), by striking 
    ``another'' and inserting ``a'';
        (2) in subsection (b)--
            (A) by striking paragraph (4) and inserting the following:
        ``(4) Qualifications.--
            ``(A) In general.--The Council shall be composed of 
        members--
                ``(i) who provide statewide representation;
                ``(ii) who represent a broad range of individuals with 
            disabilities;
                ``(iii) who are knowledgeable about centers for 
            independent living and independent living services; and
                ``(iv) a majority of whom are persons who are--

                    ``(I) individuals with disabilities described in 
                section 7(8)(B); and
                    ``(II) not employed by any State agency or center 
                for independent living.

            ``(B) Voting members.--A majority of the voting members of 
        the Council shall be--
                ``(i) individuals with disabilities described in section 
            7(8)(B); and
                ``(ii) not employed by any State agency or center for 
            independent living.''; and
            (B) in paragraph (5)--
                (i) in subparagraph (A), by inserting ``voting'' before 
            ``membership''; and
                (ii) in subparagraph (B), by inserting ``voting'' before 
            ``member'' each place the term appears; and
        (3) in subsection (c)(1)--
            (A) by striking ``submit'' and inserting ``sign''; and
            (B) by striking ``designated State agency'' and inserting 
        ``designated State unit''.
    (d) Responsibilities of the Commissioner.--Section 706(c)(1) (29 
U.S.C. 796d-1(c)(1)) is amended--
        (1) in the first sentence, by striking ``part C'' and inserting 
    ``section 722'';
        (2) by inserting after the second sentence the following: ``The 
    Commissioner shall annually conduct onsite compliance reviews of at 
    least one-third of the designated State units that receive funding 
    under section 723, and, to the extent necessary to determine the 
    compliance of such a State unit with subsections (f) and (g) of 
    section 723, centers that receive funding under section 723 in such 
    State.''; and
        (3) in the last sentence, by inserting ``and such State units'' 
    after ``select such centers''.
    (e) Independent Living Services Allotments.--Section 711 (29 U.S.C. 
796e) is amended--
        (1) in subsection (a)--
            (A) in paragraph (2)--
                (i) in subparagraph (A), by striking ``this subsection'' 
            and inserting ``paragraph (1)(C)''; and
                (ii) in subparagraph (B), by striking ``allotted'' and 
            inserting ``allotted under paragraph (1)(A)''; and
            (B) by striking paragraph (3) and inserting the following:
        ``(3) Adjustment for inflation.--For any fiscal year, beginning 
    in fiscal year 1994, in which the total amount appropriated to carry 
    out this part exceeds the total amount appropriated to carry out 
    this part for the preceding fiscal year by a percentage greater than 
    the most recent percentage change in the Consumer Price Index For 
    All Urban Consumers published by the Secretary of Labor under 
    section 100(c)(1), the Commissioner shall increase the minimum 
    allotment under paragraph (1)(C) by such percentage change in the 
    Consumer Price Index For All Urban Consumers.''; and
        (2) by striking subsection (b) and inserting a new subsection 
    (b) to read as follows:
    ``(b) Proportional Reduction.--To provide allotments to States in 
accordance with subsection (a)(1)(B), to provide minimum allotments to 
States (as increased under subsection (a)(3)) under subsection 
(a)(1)(C), or to provide minimum allotments to States under subsection 
(a)(2)(B), the Commissioner shall proportionately reduce the allotments 
of the remaining States under subsection (a)(1)(A), with such 
adjustments as may be necessary to prevent the allotment of any such 
remaining State from being reduced to less than the amount required by 
subsection (a)(1)(B).''.
    (f) Payments to States From Allotments.--Section 712(b) (29 U.S.C. 
796e-1(b)) is amended by striking paragraph (3).
    (g) Authorized Uses of Funds.--Section 713(3) (29 U.S.C. 796e-2(3)) 
is amended by inserting ``that are in compliance with the standards and 
assurances set forth in subsections (b) and (c) of section 725'' after 
``living''.
    (h) Centers for Independent Living.--Section 721 (29 U.S.C. 796f) is 
amended--
        (1) in subsection (b)(1)--
            (A) by inserting ``to eligible agencies, centers for 
        independent living, and Statewide Independent Living Councils'' 
        after ``assistance''; and
            (B) by striking ``of such funds'' and inserting ``of the 
        funds appropriated to carry out this part for the fiscal year 
        involved'';
        (2) in subsection (c)--
            (A) in paragraph (1)--
                (i) by striking ``Except as provided in subparagraphs 
            (B) and (C) and after'' and inserting ``After''; and
                (ii) by inserting ``, and except as provided in 
            subparagraphs (B) and (C),'' after ``made'';
            (B) in paragraph (2)--
                (i) in subparagraph (A), by striking ``this subsection'' 
            and inserting ``paragraph (1)(C)''; and
                (ii) in subparagraph (B), by striking ``allotted'' and 
            inserting ``allotted under paragraph (1)(A)''; and
            (C) by adding a new paragraph (4) to read as follows:
        ``(4) Proportional reduction.--To provide allotments to States 
    in accordance with paragraph (1)(B), to provide minimum allotments 
    to States (as increased under paragraph (3)) under paragraph (1)(C), 
    or to provide minimum allotments to States under paragraph (2)(B), 
    the Commissioner shall proportionately reduce the allotments of the 
    remaining States under paragraph (1)(A), with such adjustments as 
    may be necessary to prevent the allotment of any such remaining 
    State from being reduced to less than the amount required by 
    paragraph (1)(B).''; and
        (3) in subsection (e)--
            (A) in paragraph (1)(A), by striking ``, whichever is 
        greater,''; and
            (B) in paragraph (2)(B)--
                (i) in the first sentence of clause (i)--

                    (I) by striking ``Private nonprofit agencies'' and 
                inserting ``Entities'';
                    (II) by striking ``if the agencies submit'' and 
                inserting ``if the entities submit''; and
                    (III) by striking ``agencies will meet the standards 
                described in section 725(b) and'' and inserting 
                ``entities will be private nonprofit agencies that meet 
                the standards described in section 725(b), and''; and

                (ii) by adding a new clause (iii) to read as follows:
                ``(iii) Funding method.--In making awards under this 
            subsection, the Secretary shall distribute funds in 
            accordance with paragraphs (1), (2), and (4) of subsection 
            (c), and subsection (d).''.
    (i) Grants by Commissioner.--Section 722 (29 U.S.C. 796f-1) is 
amended--
        (1) in subsection (c), by striking ``is receiving funds under 
    this part on'' and inserting ``has been awarded a grant under this 
    part by'';
        (2) in subsection (d)(1), by inserting ``proposing to serve such 
    region'' after ``qualified applicant'';
        (3) by redesignating subsection (f) as subsection (g); and
        (4) by inserting after subsection (e) the following:
    ``(f) Nonresidential Agencies.--A center that provides or manages 
residential housing after October 1, 1994, shall not be considered to be 
an eligible agency under this section.''.
    (j) Grants by Designated State Unit.--Section 723 (29 U.S.C. 796f-2) 
is amended--
        (1) in subsection (a)--
            (A) in paragraph (1)(A)(iii), by inserting before the period 
        at the end the following: ``, making such adjustments as may be 
        necessary to accommodate State funding cycles such as 2-year 
        funding cycles or State fiscal years that do not coincide with 
        the Federal fiscal year''; and
            (B) in paragraph (3), by inserting ``eligible agencies in'' 
        before ``the State in accordance'';
        (2) in subsection (c), by striking ``is receiving funds under 
    this part on'' and inserting ``has been awarded a grant under this 
    part by'';
        (3) by redesignating subsections (f), (g), and (h) as 
    subsections (g), (h), and (i), respectively;
        (4) by inserting after subsection (e) the following:
    ``(f) Nonresidential Agencies.--A center that provides or manages 
residential housing after October 1, 1994, shall not be considered to be 
an eligible agency under this section.'';
        (5) in subsection (g) (as redesignated by paragraph (3) of this 
    subsection), in paragraph (2)(B), by striking ``(h)'' each place the 
    term appears and inserting ``(i)''; and
        (6) in subsection (h) (as redesignated by paragraph (3) of this 
    subsection), by striking the first sentence and inserting the 
    following: ``The director of the designated State unit shall 
    annually conduct onsite compliance reviews of at least 15 percent of 
    the centers for independent living that receive funding under this 
    section in the State.''.
    (k) Centers Operated by State Agencies.--Section 724(b)(1)(A) (29 
U.S.C. 796f-3(b)(1)(A)) is amended by striking ``fiscal year 1993'' and 
inserting ``the fiscal year''.
    (l) Standards and Assurances.--Section 725(b)(2) (29 U.S.C. 796f-
4(b)(2)) is amended--
        (1) in the second sentence--
            (A) by inserting ``severe'' before ``disabilities who are 
        members of''; and
            (B) by striking ``Act'' and inserting ``title''; and
        (2) in the third sentence, by inserting ``shall be determined by 
    the center, and'' before ``shall not be based''.
    (m) Programs of Grants.--Section 752 (29 U.S.C. 796k) is amended--
        (1) in subsection (a)(2), by striking ``unit'' and inserting 
    ``agency'';
        (2) in subsection (b), to read as follows:
    ``(b) Contingent Competitive Grants.--Beginning with fiscal year 
1993, in the case of any fiscal year for which the amount appropriated 
under section 753 is less than $13,000,000, grants made under subsection 
(a) shall be--
        ``(1) discretionary grants made on a competitive basis to 
    States; or
        ``(2) grants made on a noncompetitive basis to pay for the 
    continuation costs of activities for which a grant was awarded--
            ``(A) under this chapter; or
            ``(B) under part C, as in effect on the day before the date 
        of enactment of the Rehabilitation Act Amendments of 1992.''; 
        and
        (3) in subsection (j)--
            (A) by striking ``and'' at the end of paragraph (1)(A) and 
        inserting ``or''; and
            (B) by striking ``and'' at the end of paragraph (2)(A)(i) 
        and inserting ``or''.

SEC. 115. TABLE OF CONTENTS.

    The table of contents (Public Law 93-112; 87 Stat. 356) is amended--
        (1) by adding after the items relating to title I the following:

     ``Part E--Vocational Rehabilitation Services Client Information

``Sec. 140. Review of data collection and reporting system.

``Sec. 141. Exchange of data.'';

    and
        (2) by striking the item relating to part B of title III and 
    inserting the following:

        ``Part B--Special Projects and Supplementary Services''.

               TITLE II--EDUCATION OF THE DEAF ACT OF 1986

SEC. 201. SHORT TITLE; REFERENCES.

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

SEC. 202. GENERAL AMENDMENT.

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

SEC. 203. AMENDMENTS TO TITLE I.

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

SEC. 204. AMENDMENTS TO TITLE II.

    (a) Section 201.--Section 201 (20 U.S.C. 4351) is amended--
        (1) in paragraph (1)(B), by striking ``United States; or'' and 
    inserting ``United States; and''; and
        (2) by striking paragraphs (3) and (5); and
        (3) by redesignating paragraphs (4), (6), (7), (8), and (9) as 
    paragraphs (3), (4), (5), (6), and (7), respectively.
    (b) Section 203.--Subsection (b) of section 203 (20 U.S.C. 4353(b)) 
is amended to read as follows:
    ``(b) Independent Audit.--Gallaudet University shall have an annual 
independent financial audit made of the programs and activities of the 
University. The institution of higher education with which the Secretary 
has an agreement under section 112 shall have an annual independent 
financial audit made of the programs and activities of such institution 
of higher education, including NTID, and containing specific schedules 
and analyses for all NTID funds, as determined by the Secretary.
    (c) Section 204.--Section 204 (20 U.S.C. 4354) is amended--
        (1) in paragraph (1), by striking ``first time'' and inserting 
    ``first-time'';
        (2) in paragraph (2)(G)--
            (A) by striking ``Individualized Education Programs'' and 
        inserting ``individualized education programs''; and
            (B) by inserting ``or hard of hearing'' after ``children who 
        are deaf'';
        (3) in paragraph (3), to read as follows:
        ``(3)(A) The annual audited financial statements and auditor's 
    report of the University, as required under section 203, and (B) the 
    annual audited financial statements and auditor's report of the 
    institution of higher education with which the Secretary has an 
    agreement under section 112, including specific schedules and 
    analyses for all NTID funds, as required under section 203, and such 
    supplementary schedules presenting financial information for NTID 
    for the end of the Federal fiscal year as determined by the 
    Secretary.''; and
        (4) in paragraph (6), by striking ``Program is'' and inserting 
    ``Program funds are''.
    (d) Section 205.--Section 205(a) (20 U.S.C. 4355(a)) is amended--
        (1) by inserting ``or hard of hearing'' after ``individuals who 
    are deaf''; and
        (2) by striking ``the provisions of''.
    (e) Section 206.--Section 206(b) (20 U.S.C. 4356(b)) is amended by 
inserting ``or hard of hearing'' after ``individuals who are deaf''.
    (f) Section 207.--Section 207 (20 U.S.C. 4357) is amended--
        (1) in subsection (c)(3), by striking ``Advisory Board of NTID'' 
    and inserting ``advisory group established under section 112'';
        (2) in subsection (e), by striking ``investment limitations 
    and'' and inserting ``investment limitations or''; and
        (3) in subsection (i), by striking ``the provisions of the 
    Education of the Deaf Act of 1986'' and inserting ``this Act as 
    enacted on August 4, 1986''.
    (g) Section 209.--Section 209 (20 U.S.C. 4359) is amended--
        (1) in subsection (a), by striking ``title II'' and inserting 
    ``part B of title I''; and
        (2) in subsection (b), by striking ``the provisions of''.
    (h) Section 210.--Section 210 (20 U.S.C. 4360) is amended--
        (1) in subsection (b), by striking ``75 percent beginning the 
    academic year 1993-1994, and 90 percent beginning the academic year 
    1994-1995'' and inserting ``75 percent for the academic year 1993-
    1994 and 90 percent beginning with the academic year 1994-1995''; 
    and
        (2) in subsection (c)--
            (A) by striking ``Beginning the academic year 1993-1994 and 
        thereafter'' and inserting ``Beginning with the academic year 
        1993-1994''; and
            (B) by redesignating subparagraphs (A), (B), and (C) as 
        paragraphs (1), (2), and (3), respectively.
    (i) Section 211.--Section 211(a) (20 U.S.C. 4361(a)) is amended by 
redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), 
and (3), respectively.
                          TITLE III--OTHER ACTS
    SEC. 301. COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR 
      SEVERELY DISABLED.
    Section 1 of the Act entitled ``An Act to Create a Committee on 
Purchases of Blind-made Products, and for other purposes'', approved 
June 25, 1938 (commonly known as the Wagner-O'Day Act; 41 U.S.C. 46) is 
amended by striking ``From People Who Are Blind and Severely Disabled'' 
and inserting ``From People Who Are Blind or Severely Disabled''.

SEC. 302. INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

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







                                Speaker of the House of Representatives.







                             Vice President of the United States and    
                                                President of the Senate.