[Congressional Record Volume 143, Number 65 (Friday, May 16, 1997)]
[House]
[Pages H2852-H2860]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       EMPLOYMENT, TRAINING, AND LITERACY ENHANCEMENT ACT OF 1997

  The Committee resumed its sitting.
  The CHAIRMAN. Are there further amendments to division A?


              Amendment Offered by Ms. MILLENDER-Mc DONALD

  Ms. MILLENDER-McDONALD. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Ms. Millender-McDonald:
       Page 205, beginning on line 3, strike ``or employees''.
       Page 205, line 20, strike ``interest'' and insert 
     ``success''.
       Page 205, line 21, after ``students'' insert ``and 
     graduates of literacy programs living in areas with a 
     population census tract having a poverty rate of at least 15 
     percent (using the most recent decennial census data))''.
       Page 205, line 24, after ``governments'' insert ``, 
     including State directors of adult education''.
       Page 205, line 24, insert ``and'' at the end.
       Page 205, line 25, strike ``; and'' and insert a period.
       Page 206, strike lines 1 and 2.

  Ms. MILLENDER-McDONALD. Mr. Chairman, I offer today an amendment that 
will amend section 321 regarding qualifications for membership on the 
National Institute for Literacy Advisory Board.
  Mr. Chairman, the amendment permits Federal employees to serve on the 
literacy board. It also requires that businesses not simply have an 
interest, but rather a demonstration of success in literacy programs. 
Most importantly, this amendment creates the opportunity for those who 
have graduated from a literacy program and live in the areas of the 
country with a poverty level of at least 15 percent to serve on the 
board.
  Mr. Chairman, I do ask that I engage in a colloquy with the gentleman 
from Pennsylvania [Mr. Goodling].
  Mr. GOODLING. Mr. Chairman, will the gentlewoman yield?
  Ms. MILLENDER-McDONALD. I yield to the gentleman from Pennsylvania.
  Mr. GOODLING. Mr. Chairman, when we got the gentlewoman's amendment 
last evening, we called the executive director of the National 
Institute for Literacy, and he assured us that he will be very happy to 
work with the gentlewoman's staff and our staff so that by the time we 
are finished with conference, we will have incorporated the idea that 
the gentlewoman has into the legislation.
  Ms. MILLENDER-McDONALD. I thank the gentleman. Therefore, I do not 
need to present this amendment.
  Mr. Chairman, for that reason, I ask unanimous consent to withdraw 
this amendment.
  The CHAIRMAN. Is there objection to the request of the gentlewoman 
from California?
  There was no objection.
  The CHAIRMAN. Are there other amendments to division A?


           Amendment offered by Mr. KENNEDY of Massachusetts

  Mr. KENNEDY of Massachusetts. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

  Amendment offered by Mr. Kennedy of Massachusetts:
       Page 116, line 4, strike ``and''.
       Page 116, line 8, strike the period and insert ``; and''.
       Page 116, after line 8, add the following:
       ``(F) support for a workforce development coordinator on 
     site at the secondary or postsecondary educational 
     institution.

  Mr. KENNEDY of Massachusetts (during the reading). Mr. Chairman, I 
ask unanimous consent that the amendment be considered as read and 
printed in the Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Massachusetts?
  There was no objection.
  Mr. KENNEDY of Massachusetts. Mr. Chairman, first of all, I want to 
acknowledge the fine work done by the chairman of the committee, the 
gentleman from Pennsylvania [Mr. Goodling], as well as my friend, the 
gentleman from Michigan [Mr. Kildee], in their efforts to improve the 
quality of our education and job training programs for the people of 
our country.
  I do believe that there is a wonderful opportunity for our country to 
prepare our youngsters for the jobs of the future by recognizing that 
while we have the highest number of college-educated individuals of any 
nation in the world, we still have around 50 percent of all of our 
adults in America that have a high school education or less.
  We have greater opportunities in America to grow our job force into 
the high-wage jobs of the future by making certain that we in fact have 
trained workers that understand and are competently trained in the jobs 
that are going to be made available to some country that is going to be 
able to attract the companies of the future.
  In Massachusetts, as a for instance, we are losing literally tens of 
thousands of jobs each year because we simply do not have a trained 
work force that is competently prepared to accept the jobs in the high-
technology industry. There is a program in the city of Boston called 
Pro-Tech run by Neal Sullivan at the Private Industry Council which has 
linked up between high schools and the high-technology industry not 
only after-school training programs and summer youth jobs, but really 
working with the high schools to develop a curriculum that can then 
prepare those youngsters for the jobs of the future.
  That same model can be used, as I saw just last week at Massasoit 
Community College, where Cummings Diesel Engine Co. has actually 
provided wonderful high-technology diesel equipment and training for 
the people that go to Massasoit, where there are 20,000 jobs in that 
company alone that need to be filled in the future. Mr. Chairman, 
50,000 jobs in the diesel industry alone nationwide need to be filled. 
Yet, we are simply not training enough diesel engineers, diesel 
mechanics, to be able to handle the job opportunities of the future.
  Mr. Chairman, this proposal would allow for a job training 
coordinator to be assigned to high schools and community colleges 
throughout the country to coordinate with the various companies that 
surround that particular high school or community college, and allow 
that high school and community college to develop a curriculum that 
would be coordinated with the job market in that specific geographic 
area, or in the field that that company would like to work in.
  I know that this is something that both the gentleman from Michigan 
[Mr. Kildee] and the gentleman from Pennsylvania [Mr. Goodling] have 
worked on in the past, and perhaps the gentleman from Pennsylvania 
would be willing to enter into a colloquy that would suggest how he 
sees this initiative moving forward on the fastest possible track.
  Mr. GOODLING. Mr. Chairman, will the gentleman yield?
  Mr. KENNEDY of Massachusetts. I yield to the gentleman from 
Pennsylvania.
  Mr. GOODLING. Mr. Chairman, I thank the gentleman for yielding to me. 
As he knows, we have tried to be very, very careful that we did not get 
involved in K through 12 in this legislation, and in fact, in the 
Graham en bloc

[[Page H2853]]

amendments today it was made very, very clear that we would not get 
involved.
  Vocational education is the area where what the gentleman is talking 
about would be more applicable. I would appreciate it if the gentleman 
would withdraw the amendment, and work with us between now and the time 
we bring vocational education to the floor.
  Mr. KENNEDY of Massachusetts. Mr. Chairman, with the understanding 
that the chairman of the committee would support the general concept 
that we are trying to advocate here, and with the recognition that this 
would be something that could be done not only in the high school years 
but also in terms of community college, and his commitment to working 
together on this issue in the vocational education bill that would be 
coming forward later this year, I would be happy to withdraw for the 
purposes of continuing this effort.
  Mr. GOODLING. Mr. Chairman, I would be happy to work with the 
gentleman.
  Mr. KENNEDY of Massachusetts. Mr. Chairman, I ask unanimous consent 
to withdraw my amendment.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Massachusetts?
  There was no objection.
  Mr. PAUL. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, this bill is an attempt to improve the Federal jobs 
training program. We now have over 700 different programs, and quite 
literally, it is a mess. This bill is a well-intentioned piece of 
legislation that does make some token changes and some improvement. 
They may work, they may not.
  I would like to address another subject, which is, should we be 
involved at all? If we have tried it for 30 years and it is not 
working, when will we ask ourselves, should we be in the business of 
job training? Quite frankly, I am not very confident that we here in 
the Congress are smart enough to do it.
  Always the argument is that if this is a slightly better approach to 
last year's approach, this is a movement in the right direction. But 
some day we have to ask the question whether or not endorsing the same 
philosophic principle of a bad program is really going to solve our 
problems. We have no evidence that this approach will work. Most likely 
this will become just a bureaucratic adjustment. There will be a cost 
in the adjustment, but ultimately Government will once again fail in 
its attempt to do something that it was not designed to do. This idea 
of local control and block grants is something that sounds good, it 
sounds like they are moving in the right direction, but the odds of it 
really benefiting are very, very slim.
  Government really is not smart enough to do what is intended in a 
program like job training. We are not, here in the Congress, smart 
enough to know what the future is and to make business decisions. It is 
rather sad to see our business leaders advocating a piece of 
legislation like this, rather than them understanding and resorting to 
the market to decide when and how to train workers.
  Instead, they use their energies to come and transfer funds from one 
group to another in the pretense that they are able, in partnership 
with the Government, to design a program that will fit the marketplace. 
There is no sign, there is no evidence that a program like this has 
been permitted under the Constitution. But better yet, under today's 
circumstances, and eventually this will prevail, do we really have the 
funds to do something that is not working? The funds are not there, and 
any time we deal with a program like this, we have to think that it is 
a contribution to the high deficits that we are running.
  Mr. Chairman, H.R. 1385 is flawed in that it endorses the very same 
principles that have been used for 30 years, arguing that the Federal 
Government and government bureaucrats know more than what the market 
knows.
  I would like to list a few mandates of the bill. No. 1, it mandates 
that States submit a 35-year plan for adult job training and literacy 
on the approval of the Secretaries of Education and Labor. It mandates 
that States establish local work force development boards whose 
functions and composition are determined by Federal law.
  It mandates that the local work force board meet Federal core 
indicators. It mandates that local work force boards be dominated by 
representatives of the business community. That does not give me a 
whole lot of encouragement, another step toward replacing the free 
enterprise system with corporatism.
  If Members like mandates, they certainly will be pleased with this 
piece of legislation. It spends taxpayers' dollars, the victims, for 
skill upgrading for incumbent workers. Those who are still working are 
required to pay for those who think they are going to get trained, thus 
creating a new entitlement program for already-employed workers.
  It spends taxpayers' dollars on grants to business and unions for 
demonstration projects. It spends taxpayers' dollars on family literacy 
services. It spends taxpayers' dollars on the National Institute for 
Literacy, the type of bureaucracy this Congress should be shutting 
down, not expanding. It spends taxpayers' dollars on job training 
services which the business community and individual workers should be 
paying for themselves.
  Incidentally, Mr. Chairman, and I know this would be of the least 
amount of interest to so many here, but the truth of the matter is, 
Congress has no constitutional authority to mandate or operate any job 
training programs.
  Mr. HYDE. Mr. Chairman, will the gentleman yield?
  Mr. PAUL. I yield to the gentleman from Illinois.

                              {time}  1215

  Mr. HYDE. Mr. Chairman, I thank the gentleman for yielding to me. I 
wanted to associate myself with the thrust of his remarks. I may feel a 
little more benignly toward the uses of government than he, but 
essentially his critique of this bill I share.
  The CHAIRMAN. The time of the gentleman from Texas [Mr. Paul] has 
expired.
  Mr. HYDE. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I want to preface my remarks by saying that I have the 
maximum high regard for the gentleman from Pennsylvania [Mr. Goodling], 
the gentleman from California [Mr. McKeon] and the gentleman from 
Michigan [Mr. Kildee]. They are splendid Members, they are honorable 
and they do marvelous work. I hope that those words will be taken 
seriously because I do not want to impair friendships over my dissent 
of their bill. I know how territorial chairmen can get over their 
bills. But I just cannot support this bill. I think it only fair to 
give a couple of reasons for my feeling.
  First of all, family literacy services, on page 15 and 16, really 
troubles me. Page 16, subparagraph B, training for parents on how to be 
the primary teacher for their children and full partners in the 
education of their children; I think that goes awfully far, beyond job 
training, to teach parents how to be parents. That is exactly moving in 
the wrong direction from having the government less intrusive, less 
influential on our lives. And who is the other partner, a full partner 
means the other partner has as much to say as you have to say. Those 
are troubling words and they trouble me.
  Another problem, and there are many with this bill, there is a 
migratory workers program. Funds made available under this section 
shall be used to carry out comprehensive work force and career 
development activities and related services for migrant farm workers, 
seasonal farm workers, which may include employment, training, 
educational assistance, literacy assistance and English literacy 
program, worker safety training, housing, so we have a housing program 
here, supportive services and the continuation of the case management 
database.
  Now, supportive services in this bill consists of transportation, 
child care, dependent care, and needs-based payments.
  I wondered what needs-based payments were and I found that it is 
money. If a worker, an X worker, a displaced worker, meaning an 
unemployed worker, has run out of unemployment benefits and has no 
other income, he is entitled to needs-based payments.
  So we are going to pay, provide child care and all these things and 
that is wonderful. Oh, if we could only afford it. But there is no 
requirement in this

[[Page H2854]]

migratory workers program that they be in the country legally. Far be 
it from asking that they be citizens but that they even have a green 
card or be in the country legally. I wonder if this would invite 
illegal immigration. I just wonder.
  Now, we have a bureaucracy run amok. Instead of launching the 747, I 
think this is a dirigible.
  National partnership and special training; the secretary, not a 
political person, we can be sure, may award special grants to eligible 
entities. Guess who they are? Labor, industry, public interest groups, 
community-based organizations, et cetera, et cetera.
  So the grantsmanship that is possible under this is awesome.
  So for these reasons, it is too much government. It moves in the 
opposite direction. We promised to downsize government, to save money, 
to keep it out of our lives. This moves in the opposite direction.
  I cannot support it, and I thank the chairman for giving me the time.
  Mr. GOODLING. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I would agree with the Congressman from Texas that 
existing programs do not work. I would also have to inform him that if 
we do not make an attempt to revise and reform those programs, those 
existing programs will go on and on and on as they have in the past. He 
does not have the votes to do anything about that. I do not have the 
votes to do anything about that. So the attempt is to try to do 
something to make the programs work by getting them back to the States 
and back to the local government where that decisionmaking may be more 
productive than it has been coming from Washington.
  I want to make sure that everyone understands that the training part 
and the literacy part are two separate parts. The part dealing with 
parenting is in the adult education section, not in the training 
section. The partners are the parents and the child.
  Now, when I left eighth grade in a two-room school and went to a city 
junior high school, a farm boy, who thought, this is 60 years ago, who 
thought that every child had loving parents, every child had literate 
parents and every child had wonderful grandparents living on either 
side. That is the way it was in little Loganville in the farm 
community. And what a shock when I got to the junior high school in 
center city and discovered that I was unusual. I was not the norm.
  That was many, many years ago, when an illiterate parent or a 
functionally illiterate parent could get a job, could support a family 
and, above all, they did not want anyone to know that they could not 
read or write. But that is not the world we are living in today. The 
world we are living in today requires not only that someone is 
functionally literate but somebody that can read and write and 
comprehend, it will be by the year 2000, on the 12th grade level. It is 
a totally different world we are dealing with. We are dealing with 
many, many children that are being born to 13, 14, 15-year-olds.
  I wish I had a magic wand and could put the wonderful American family 
back together as we think we remember it. I cannot do that. But what I 
can do is make sure that those children have an opportunity to get a 
piece of the American dream. They cannot get a piece of the American 
dream unless their parents can help them get a piece of the American 
dream. Parenting skills, literacy skills are very, very important to 
center city America, to rural poor America, to many other areas 
throughout America. They want their children to succeed. They want to 
be participants. They want to make sure that their children have an 
opportunity to get the best, but they do not have that opportunity at 
the present time.
  So when we talk about the National Institute for Literacy, just a few 
of the statistics, 51 percent of those who have participated in those 
programs have gone on and got their GED's or their high school diploma. 
Thirteen percent of them went on to a form of higher education; about 
50 percent of those have dropped off the welfare rolls.
  That is what it is all about. We are trying to help those most in 
need. We are trying to make our program that we passed last year, a 
program from welfare to work, successful. It will not happen overnight. 
I ask all to support the opportunity to take 160 programs, get rid of 
many that should not be there in the first place, consolidate the 
others into three block grants, get them back to local and State 
government. And they are going to be responsible for making the welfare 
reform bill work. We are just offering a helping hand. I ask that all 
support the legislation. The alternative is disastrous.
  Mr. SOUDER. Mr. Chairman, I move to strike the last word.
  I wanted to respond to two of my good friends, first my distinguished 
colleague, the gentleman from Texas [Mr. Paul]. He is one of the most 
consistent Members I have ever met in Congress. As a Libertarian he 
does not believe in Federal job training or most Federal anything, and 
in that he has been consistent and logical. I appreciate that, and I 
support him and vote with him most of the time. But I am not a 
Libertarian and so sometimes we are going to disagree.
  The gentleman from Illinois [Mr. Hyde] has been one of my personal 
heroes. He has been a champion of human values and of conservative 
principles. On this I believe he is wrong.
  One question that he had asked is, are we smart enough at the Federal 
level? The answer is, we are not; that is why we are doing this bill 
and trying to change it.
  I want to point out to my conservative friends and people listening 
across the country that a critical part of helping Americans when we do 
welfare reform is making sure that when we cut them off the welfare 
rolls, there are some options out there in helping, particularly 
targeting to, the most needy.
  We do not need job training programs that pick the people who are 
going to get a job anyway. Most of them move in or out of welfare 
within 2 years. That is why we need some general direction down to the 
States where we expect, because we are going to be held accountable by 
the taxpayers of this country for the money that we take from them and 
then spend, we are held accountable, not Governor, not the State 
legislature, not the local mayor. We are held accountable to give them 
direction as to who we want served and what results we expect. What we 
should not be doing is micromanaging their lives.
  This bill is not perfect, but it is a dramatic improvement on the 
current law. I did not hear any objections that are not true now; in 
other words, that is not a reason to defeat this bill. We are giving 
more power to States and local communities, more likely to result in 
people being trained for work through greater involvement of the 
business community.
  Do I believe all these programs work? No. Do I believe some work a 
little bit? Yes. And some work dramatically. But they are doing more 
than nothing and we are about to be crushed. We are going to wind up 
spending more on homeless spending, more on welfare spending, more on 
health care, if we do not actually follow through on our welfare 
programs.
  This bill includes private sector providers; that is an innovation. 
We are involving employers in the design and implementation of job 
training programs. We are transferring responsibility for design and 
implementation. We are eliminating many Federal programs to focus 
funding on things that people at local communities and States and 
people who work with people and training them to employ can make those 
decisions.
  We are making the program more trainee friendly so they can figure 
out where to go. A lot of the problems are that we do not even know 
where to go to try to get the job training.
  We are preserving local boards. I believe having local boards is an 
important thing. I know that has been an internal battle as well, but I 
want to have people in Fort Wayne and around the country in their 
communities having an impact.
  We set out some guidelines. I participated in setting some of those 
guidelines and saying how to target some responsibilities, not 
micromanaging but setting guidelines.
  We have worked with conservative groups now for nearly two years to 
try to address some of their concerns. We have made many internal 
amendments, many improvements.

[[Page H2855]]

  Some, for example, a number of the things that were in the Graham 
amendment today were not needed. In fact, most of the things were not 
needed, but we put extra protections in to make sure that we said 
voluntary, to make sure that we double and triple made sure that home 
schoolers were not included, that things were only considerations, that 
there was not doubling, that we did not get into areas that we were not 
supposed to be in.
  The question is, what else are we supposed to do other than eliminate 
job training? It gets frustrating after awhile when we have tried to do 
that.
  Two major things I heard for two years was we were going to take 
little elementary school kids who are from middle and upper class 
families, not just at risk kids, and make everybody at risk. And we 
were going to take over the education system. The truth is, now we have 
separated vocational education. That eliminated the biggest thing last 
year that was supposedly bad with the bill. We are going to deal with 
vocational education. It was never our intent anyway.
  We are only going to deal with at risk kids and, there is not enough 
money to draw everybody in even if we wanted to, which we do not.
  The second thing was my distinguished colleague from Colorado offered 
an amendment to make sure that State legislators were not cut out of 
the process so those who want to fight this can raise at the State 
level.
  Now it does not have to even come through and be accepted by a State. 
They can look at that.
  I think those are two huge changes. I really do not understand much 
of the opposition. I clearly understand the opposition of the gentleman 
from Texas [Mr. Paul]. He stated it clearly and succinctly. The 
opposition of the gentleman from Illinois [Mr. Hyde] though well 
intended, I believe, is incorrect. Everything he said is also true of 
current law.
  And lastly let me say this: Not every conservative believes, in fact, 
I would say most conservatives do not believe that we do not have any 
role for somebody who cannot read and write. As I worked and have 
worked over time with people who have been out of work and they cannot 
read or write, it is devastating. We do have to get into literacy 
programs in a lot of these things.

                              {time}  1230

  Mr. RIGGS. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I know that we are anxious to conclude the debate, but 
I simply could not allow, in good conscience, the gentleman from 
Illinois [Mr. Hyde] and the gentleman from Texas [Mr. Paul] to 
mischaracterize this bill.
  Let me preface my remarks by saying that the gentleman from Illinois 
has a very well-deserved reputation for being one of the most 
respected, even revered Members of Congress, and the gentleman from 
Texas, as the gentleman from Indiana [Mr. Souder], pointed out, has 
been absolutely consistent and constant in his views both as a private 
citizen and as a political leader in the country. But, Mr. Chairman, 
this bill empowers individuals, not government. Yes, it is based on the 
premise that the Federal Government, in partnership with State and 
local government, and the private sector, and that Federal taxpayers 
have a very legitimate role in helping to educate and train the most 
disadvantaged youth and adults and to help prepare them for the real 
world of work.
  I say again, as other speakers before me have said, this legislation 
consolidates over 60 separate Federal categorical education and job 
training programs into three block grants. And in that regard, the 
gentleman from Pennsylvania, Chairman Goodling, and the gentleman from 
California, Subcommittee Chairman McKeon, in particular, and the 
ranking member, the gentleman from Michigan, Mr. Kildee, deserve a 
tremendous amount of credit.
  This bill will make a very positive impact on adults as they prepare 
for the jobs of the future, and it is going to help workers get the 
retraining necessary to compete, whether we like it or not, Mr. 
Chairman, in an increasingly complex and global economy. Because if the 
economy of today is the size of a beach ball, that economy of the 21st 
century, right around the corner, is going to be the size of a golf 
ball. I do not want to retreat from that reality.
  Let me also point out that this bill provides services to adult job 
training recipients through a voucher which we call a skill grant. What 
can be more Republican and more conservative a philosophy than that 
idea? We empower individuals. We let them decide the training that is 
appropriate for them and we let them seek out the job training provider 
in their community who is going to provide that training.
  Now, some of the naysayers say this approach will encourage the fly-
by-night companies, the so-called proprietary schools, to deceive the 
job-seeking public. But this bill has a number of protections in the 
form of requirements that providers must meet in order to receive the 
funds. That provider must either be an accredited eligible 
postsecondary education program or be recognized by the local, emphasis 
again on the word ``local,'' work force development board which will 
determine if the provider meets acceptable locally established 
performance standards.
  So, again, this is all about empowering individuals, giving them a 
say in the training and education that is right for them.
  As I pointed out earlier today, it takes a work-first approach to 
training, driving resources for intensive training services to welfare 
recipients and other individuals with multiple barriers to employment. 
It amends current adult education programs, encouraging literacy and 
other educational programs to really, again, try to tie the real world 
of work to education.
  And again I want to say one more time, particularly to our more 
conservative colleagues on this side of the aisle, that this 
legislation promotes individual responsibility through vouchers. It 
encourages competition in the marketplace among training providers and 
it drives resources and authority out of Washington to States and 
localities.
  So do not be misled or deceived by the mischaracterization of this 
bill. By decreasing the size and the scope of the Federal Government's 
control, this is truly a work-first bill for adults and it will also, 
as we debated earlier, help get economically disadvantaged youth back 
to school. It is a bill that is going to give Americans the tools they 
need for the 21st century. It is worthy of our support.
  The CHAIRMAN. Are there any other amendments to division A?
  If not, the Clerk will designate division B.
  The text of division B is as follows:
             DIVISION B--VOCATIONAL REHABILITATION PROGRAMS
              TITLE XXI--AMENDMENTS TO GENERAL PROVISIONS

     SEC. 2101. REHABILITATION SERVICES ADMINISTRATION.

       Section 3 of the Rehabilitation Act of 1973 (29 U.S.C. 702) 
     is amended--
       (1) in subsection (b), by striking ``, as well as 
     unexpended appropriations for carrying out the Vocational 
     Rehabilitation Act (29 U.S.C. 31-42),''; and
       (2) by striking subsection (c).

     SEC. 2102. DEFINITIONS.

       Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 706) 
     is amended--
       (1) by striking paragraph (12);
       (2) in paragraph (15)(A), by inserting a comma after 
     ``subparagraph (B) or (C)'';
       (3) by adding at the end the following:
       ``(36) The term `administrative costs' means--
       ``(A) expenditures not incurred by the State unit for--
       ``(i) rehabilitation counselors;
       ``(ii) rehabilitation case coordinators; or
       ``(iii) other direct service personnel; and
       ``(B) notwithstanding subparagraph (A) includes 
     expenditures incurred by the State unit in the performance of 
     administrative functions under the vocational rehabilitation 
     program, including expenses related to program planning, 
     development, monitoring, and evaluation, including--
       ``(i) quality assurance;
       ``(ii) budgeting, accounting, financial management, 
     information systems, and related data processing;
       ``(iii) providing information about the program to the 
     public;
       ``(iv) technical assistance to other State agencies, 
     private nonprofit organizations, and businesses and 
     industries;
       ``(v) the State Rehabilitation Advisory Council and other 
     advisory committees;
       ``(vi) professional organization membership dues for State 
     unit employees;
       ``(vii) the removal architectural barriers in State 
     vocational rehabilitation agency offices and State operated 
     rehabilitation facilities;
       ``(viii) operating and maintaining State unit facilities, 
     equipment, and grounds;

[[Page H2856]]

       ``(ix) supplies;
       ``(x) administration of the comprehensive system of 
     personnel development, including personnel administration, 
     administration of affirmative action plans, and training and 
     staff development, administrative salaries, including 
     clerical and other support staff salaries, in support of 
     these functions;
       ``(xi) travel costs related to carrying out the program, 
     other than travel costs related to the provision of services;
       ``(xii) costs incurred in conducting reviews of 
     rehabilitation counselor or coordinator determinations; and
       ``(xiii) legal expenses required in the administration of 
     the program.''; and
       (4) by redesignating paragraphs (36), (22), (23), (24), 
     (25), (1), (2), (3), (26), (4), (5), (6), (27), (7), (28), 
     (29), (30), (20), (21), (8), (31), (15), (32), (9), (10), 
     (33), (11), (19), (13), (14), (16), (18), (34), (35), and 
     (17) as paragraphs (1) through (35), respectively.

     SEC. 2103. REPORTS.

       Section 13 of the Rehabilitation Act of 1973 (29 U.S.C. 
     712) is amended by inserting after the third sentence ``The 
     Commissioner shall also annually collect information with 
     respect to the title I, vocational rehabilitation services 
     program, on administrative costs and other expenditures under 
     the program.''.

      TITLE XXII--AMENDMENTS TO VOCATIONAL REHABILITATION SERVICES

                     Subtitle A--General Provisions

     SEC. 2201. DECLARATION OF POLICY; AUTHORIZATION OF 
                   APPROPRIATIONS.

       Section 100(b) of the Rehabilitation Act of 1973 (29 U.S.C. 
     720(b)) is amended in each of paragraphs (1) and (2) by 
     striking ``fiscal years 1993 through 1997'' and inserting 
     ``fiscal years 1998, 1999, and 2000''.

     SEC. 2202. STATE PLANS.

       Section 101(a) of the Rehabilitation Act of 1973 (29 U.S.C. 
     721(a)) is amended--
       (1) in paragraph (4)--
       (A) by striking ``, except that in the case'' and inserting 
     ``, except that--
       ``(A) in the case'';
       (B) by striking ``to the extent permitted by such 
     regulations,'';
       (C) by inserting ``and'' after the semicolon; and
       (D) by adding at the end the following:
       ``(B) in the case of earmarked funds used as the State 
     match for Federal funds, where such funds are earmarked for 
     particular geographic areas within a State;'';
       (2) in paragraph (7)(A)--
       (A) by striking clause (i)(II) and all that follows;
       (B) by striking ``which shall include--
       ``(i) a description'' and inserting ``which shall include a 
     description'';
       (C) b striking ``on an annual basis--
       ``(I) the number and type'' and inserting ``on an annual 
     basis the number and type''; and
       (D) by striking ``counselors to clients; and'' and 
     inserting ``counselors to clients;'';
       (3) in paragraph (11)(A)--
       (A) by striking ``(20 U.S.C. 2301 et seq.), and'' and 
     inserting ``(20 U.S.C. 2301 et seq.),''; and
       (B) by inserting after ``(41 U.S.C. 46 et seq.)'' the 
     following: ``, and State use contracting programs'';
       (4) by striking paragraph (13);
       (5) by striking paragraph (17);
       (6) in paragraph (24)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``students who are individuals'' and inserting ``students''; 
     and
       (B) in subparagraph (B), by striking ``individualized 
     written rehabilitation program'' and inserting 
     ``individualized education program'';
       (7) in paragraph (25), by striking ``Secretary'' and 
     inserting ``Commissioner'';
       (8) in paragraph (28), by adding at the end before the 
     semicolon the following: ``and State use contracting 
     programs'';
       (9) by striking paragraph (30);
       (10) in paragraph (33), by striking ``and working 
     relationships'';
       (11) in paragraph (36)--
       (A) in subparagraph (B)(i), by moving the margin two ems to 
     the left;
       (B) in clauses (i), (ii), and (iii) of subparagraph (C) 
     (including subclause (II) of each of such clauses (ii) and 
     (iii)), by moving the margin two ems to the left; and
       (12) by redesignating paragraphs (14), (15), (16), (18) 
     through (22), (24) through (29), and (31) through (36) as 
     paragraphs (13) through (32), respectively.

     SEC. 2203. SCOPE OF VOCATIONAL REHABILITATION SERVICES.

       Section 103(a) of the Rehabilitation Act of 1973 (29 U.S.C. 
     723(a)) is amended--
       (1) by striking paragraph (7); and
       (2) by redesignating paragraphs (8) through (16) as 
     paragraphs (7) through (15), respectively.

     SEC. 2204. STATE REHABILITATION ADVISORY COUNCIL.

       Section 105 of the Rehabilitation Act of 1973 (29 U.S.C. 
     725) is amended by striking subsection (i).

     SEC. 2205. EVALUATION STANDARDS AND PERFORMANCE INDICATORS.

       Section 106(a) of the Rehabilitation Act of 1973 (29 U.S.C. 
     726(a)) is amended in paragraph (1) by adding at the end the 
     following: ``After such date, the Commissioner shall review 
     and, if necessary, revise the evaluation standards and 
     performance indicators every three years. Any necessary 
     revisions shall be developed with input from State vocational 
     rehabilitation agencies, related professional and consumer 
     organizations, recipients of vocational rehabilitation 
     services, and other interested parties. Any proposed 
     revisions shall be subject to the notice, publication, and 
     comment provisions described in paragraph (3).''.

     SEC. 2206. MONITORING AND REVIEW.

       Section 107(a) of the Rehabilitation Act of 1973 (29 U.S.C. 
     727(a)) is amended by adding at the end the following:
       ``(5) Monitoring and review reports.--Any reports detailing 
     the findings of the annual reviews and periodic on-site 
     monitoring visits shall be made available to the State 
     Rehabilitation Advisory Council for use in the development 
     and modification of the State plan.''.

          Subtitle B--Basic Vocational Rehabilitation Services

     SEC. 2211. STATE ALLOTMENTS.

       Section 110(d)(2) of the Rehabilitation Act of 1973 (29 
     U.S.C. 730(d)(2)) is amended--
       (1) by striking ``the Secretary--'' and all that follows 
     through ``(B) not less than'' and inserting ``the Secretary, 
     not less than''; and
       (2) by striking ``fiscal years 1995, 1996, and 1997'' and 
     inserting ``fiscal years 1998, 1999, and 2000''.

     SEC. 2212. PAYMENTS TO STATES.

       Section 111(a)(2)(B) of the Rehabilitation Act of 1973 (29 
     U.S.C. 731(a)(2)(B)) is amended--
       (1) by striking clause (i); and
       (2) by striking ``(ii)''.

     SEC. 2213. CLIENT ASSISTANCE PROGRAM.

       Section 112(h) of the Rehabilitation Act of 1973 (29 U.S.C. 
     732(h)) is amended by striking ``fiscal years 1993 through 
     1997'' and inserting ``fiscal years 1998, 1999, and 2000''.
            TITLE XXIII--AMENDMENTS TO RESEARCH AND TRAINING

     SEC. 2221. AUTHORIZATION OF APPROPRIATIONS.

       Section 201(a) of the Rehabilitation Act of 1973 (29 U.S.C. 
     761(a)) is amended--
       (1) in paragraph (1), by striking ``each of fiscal years 
     1993 through 1997'' and inserting ``fiscal years 1998, 1999, 
     and 2000''; and
       (2) in paragraph (2), by striking ``each of fiscal years 
     1993 through 1997'' and inserting ``fiscal years 1998, 1999, 
     and 2000''.

     SEC. 2222. NATIONAL INSTITUTE ON DISABILITY AND 
                   REHABILITATION RESEARCH.

       Section 202(c) of the Rehabilitation Act of 1973 (29 U.S.C. 
     761a(c)) is amended--
       (1) by striking ``, except that'' and all that follows 
     through ``regular technical and professional employees of the 
     Institute''; and
       (2) by redesignating paragraph (4) as paragraph (2).
     TITLE XXIV--AMENDMENTS TO TRAINING AND DEMONSTRATION PROJECTS
  Subtitle A--Training Programs and Community Rehabilitation Programs

     SEC. 2231. TRAINING.

       Section 302 of the Rehabilitation Act of 1973 (29 U.S.C. 
     771a) is amended--
       (1) in subsection (a)(1)(B)(iv), by moving the margin two 
     ems to the left;
       (2) by striking subsection (e);
       (4) in subsection (g)(3)(A)--
       (A) in clause (ii), by adding ``and'' at the end;
       (B) in clause (iii), by striking ``; and'' and inserting a 
     period; and
       (C) by striking clause (iv); and
       (4) in subsection (h), by striking ``fiscal years 1993 
     through 1997'' and inserting ``fiscal years 1998, 1999, and 
     2000''; and
       (5) by redesignating subsections (f) through (i) as 
     subsections (e) through (h), respectively.

     SEC. 2232. REPEALERS.

       (a) In General.--Sections 303, 304, 305, and 306 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 772, 773, 775, and 776) 
     are hereby repealed.
       (b) Conforming Amendment.--The table of contents of such 
     Act (29 U.S.C. 701 note) is amended by striking the items 
     relating to sections 303, 304, 305, and 306.

     SEC. 2233. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Section 310 of the Rehabilitation Act of 
     1973 (29 U.S.C. 777) is amended--
       (1) by striking ``each of fiscal years 1993 through 1997'' 
     and inserting ``fiscal years 1998, 1999, and 2000'';
       (2) by redesignating such section as section 303; and
       (3) by inserting such section after section 302.
       (b) Conforming Amendment.--The table of contents of such 
     Act (29 U.S.C. 701 note) is amended--
       (1) by striking the item relating to section 310 (as such 
     section was in effect prior to the redesignation of such 
     section under subsection (a)(2)); and
       (2) by inserting after the item relating to section 302 the 
     following:

``Sec. 303. Authorization of appropriations.''.
        Subtitle B--Special Projects and Supplementary Services

     SEC. 2241. SPECIAL DEMONSTRATION PROGRAMS.

       Section 311 of the Rehabilitation Act of 1973 (29 U.S.C. 
     777a) is amended--
       (1) in subsection (a), by striking ``Subject to the 
     provisions of section 306, the'' and inserting ``The'';
       (2) by striking subsection (b);
       (3) in subsections (c) and (d), by striking ``fiscal years 
     1993 through 1997'' each place it appears and inserting 
     ``fiscal years 1998, 1999, and 2000''
       (4) by striking subsection (e); and
       (5) by redesignating subsections (c), (d), and (f) as 
     subsections (b), (c), and (d), respectively.

[[Page H2857]]

     SEC. 2242. MIGRATORY WORKERS.

       Section 312(b) of the Rehabilitation Act of 1973 (29 U.S.C. 
     777b(b)) is amended by striking ``fiscal years 1993 through 
     1997'' and inserting ``fiscal years 1998, 1999, and 2000''.

     SEC. 2243. REPEALERS.

       (a) In General.--Sections 314 and 315 of the Rehabilitation 
     Act of 1973 (29 U.S.C. 777d and 777e) are hereby repealed.
       (b) Conforming Amendment.--The table of contents of such 
     Act (29 U.S.C. 701 note) is amended by striking the items 
     relating to sections 314 and 315.

     SEC. 2244. SPECIAL RECREATIONAL PROGRAMS.

       (a) In General.--Section 316 of the Rehabilitation Act of 
     1973 (29 U.S.C. 777f) is amended--
       (1) in subsection (b), by striking ``fiscal years 1993 
     through 1997'' and inserting ``fiscal years 1998, 1999, and 
     2000'';
       (2) by redesignating such section as section 313; and
       (3) by inserting such section after section 312, as amended 
     by this Act.
       (b) Conforming Amendment.--The table of contents of such 
     Act (29 U.S.C. 701 note) is amended--
       (1) by striking the item relating to section 316 (as such 
     section was in effect prior to the redesignation of such 
     section under subsection (a)(2)); and
       (2) by inserting after the item relating to section 312 the 
     following:

``Sec. 313. Special recreational programs.''.

        TITLE XXV--AMENDMENTS TO NATIONAL COUNCIL ON DISABILITY

     SEC. 2251. AUTHORIZATION OF APPROPRIATIONS.

       Section 405 of the Rehabilitation Act of 1973 (29 U.S.C. 
     785) is amended by striking ``fiscal years 1993 through 
     1997'' and inserting ``fiscal years 1998, 1999, and 2000''.

             TITLE XXVI--AMENDMENTS TO RIGHTS AND ADVOCACY

     SEC. 2261. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.

       Section 501(a) of the Rehabilitation Act of 1973 (29 U.S.C. 
     791(a)) is amended in the third sentence by striking ``the 
     Handicapped'' and inserting ``People With Disabilities''.

     SEC. 2262. ARCHITECTURAL AND TRANSPORTATION BARRIERS 
                   COMPLIANCE BOARD.

       Section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 
     792) is amended--
       (1) in subsection (a), by striking ``Chairperson'' and 
     inserting ``chairperson''; and
       (2) in subsection (g)(2), by striking ``Committee on 
     Education and Labor'' and inserting ``Committee on Education 
     and the Workforce''.

     SEC. 2263. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS.

       Section 509 of the Rehabilitation Act of 1973 (29 U.S.C. 
     794e) is amended--
       (1) by redesignating subsection (n) as subsection (i);
       (2) in subsection (l), by striking ``Committee on Education 
     and Labor'' and inserting ``Committee on Education and the 
     Workforce''; and
       (3) in subsection (m), by striking ``each of the fiscal 
     years 1993, 1994, 1995, 1996, and 1997'' and inserting ``each 
     of the fiscal years 1998, 1999, and 2000''.

  TITLE XXVII--AMENDMENTS TO EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS 
                           WITH DISABILITIES

     SEC. 2271. AUTHORIZATION OF APPROPRIATIONS.

       Sections 622 and 638 of the Rehabilitation Act of 1973 (29 
     U.S.C. 795i and 795q) are each amended by striking ``each of 
     fiscal years 1993 through 1997'' and inserting ``each of the 
     fiscal years 1998, 1999, and 2000''.

     SEC. 2272. REPEALERS.

       (a) In General.--Parts A and D of title VI of the 
     Rehabilitation Act of 1973 (29 U.S.C. 795 et seq. and 795r) 
     are hereby repealed.
       (b) Conforming Amendments.--
       (1) In general.--Parts B and C of title VI of such Act (29 
     U.S.C. 795g et seq. and 795k et seq.) are redesignated as 
     parts A and B of title VI of such Act, respectively.
       (2) Table of contents.--The table of contents of such Act 
     (29 U.S.C. 701 note) is amended--
       (A) by striking the items relating to parts A and D of 
     title VI (as such parts were in effect prior to the repeal of 
     such parts under subsection (a)); and
       (B) by redesignating the items relating to parts B and C of 
     title VI (as such parts were in effect prior to the 
     redesignation of such parts under paragraph (1)) as items 
     relating to parts A and B of title VI of such Act, 
     respectively.

TITLE XXVIII--AMENDMENTS TO INDEPENDENT LIVING SERVICES AND CENTERS FOR 
                           INDEPENDENT LIVING

     SEC. 2281. AUTHORIZATION OF APPROPRIATIONS.

       (a) Sections 714 and 727.--Sections 714 and 727 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 796e-3 and 796f-6) are 
     amended by striking ``each of the fiscal years 1993, 1994, 
     1995, 1996, and 1997'' and inserting ``each of the fiscal 
     years 1998, 1999, and 2000''.
       (b) Section 753.--Section 753 of such Act (29 U.S.C. 796l) 
     is amended by striking ``each of the fiscal years 1993 
     through 1997'' and inserting ``each of the fiscal years 1998, 
     1999, and 2000''.

     SEC. 2282. PROGRAM AUTHORIZATION FOR CENTERS FOR INDEPENDENT 
                   LIVING.

       Section 721(c)(1)(A) of the Rehabilitation Act of 1973 (29 
     U.S.C. 796f(c)(1)(A)) is amended by striking ``,,'' and 
     inserting a comma.

 TITLE XXIX--AMENDMENTS TO SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS

     SEC. 2291. AUTHORIZATION OF APPROPRIATIONS.

       Section 801 of the Rehabilitation Act of 1973 (29 U.S.C. 
     797) is amended by striking ``1993 through 1997.'' each place 
     such term appears and inserting ``1998 through 2000.''.

     SEC. 2292. DEMONSTRATION ACTIVITIES.

       Section 802 of the Rehabilitation Act of 1973 (29 U.S.C. 
     797a) is amended to read as follows:

     ``SEC. 802. DEMONSTRATION PROJECTS TO INCREASE CLIENT CHOICE.

       ``(a) Grants.--The Commissioner may make grants to States 
     and public or nonprofit agencies and organizations to pay all 
     or part of the costs of projects to demonstrate ways to 
     increase client choice in the rehabilitation process, 
     including the selection of providers of vocational 
     rehabilitation services.
       ``(b) Use of Funds.--An entity that receives a grant under 
     this section shall use the grant only--
       ``(1) for activities that are directly related to planning, 
     operating, and evaluating the demonstration projects; and
       ``(2) to supplement, and not supplant, funds made available 
     from Federal and non-Federal sources for such projects.
       ``(c) Application.--Any eligible entity that desires to 
     receive a grant under this section shall submit an 
     application at such time, in such manner, and containing such 
     information and assurances as the Commissioner may require, 
     including--
       ``(1) a description of--
       ``(A) how the applicant intends to promote increased client 
     choice in the rehabilitation process, including a 
     description, if appropriate, of how an applicant will 
     determine the cost of any service or product offered to an 
     eligible client;
       ``(B) how the applicant intends to ensure that any 
     vocational rehabilitation service or related service is 
     provided by a qualified provider who is accredited or meets 
     such other quality assurance and cost-control criteria as the 
     State may establish; and
       ``(C) the outreach activities to be conducted by the 
     applicant to obtain eligible clients; and
       ``(2) assurances that a written plan will be established 
     with the full participation of the client, which plan shall, 
     at a minimum, include--
       ``(A) a statement of the vocational rehabilitation goals to 
     be achieved;
       ``(B) a statement of the specific vocational rehabilitation 
     services to be provided, the projected dates for their 
     initiation, and the anticipated duration of each such 
     service; and
       ``(C) objective criteria, an evaluation procedure, and a 
     schedule, for determining whether such goals are being 
     achieved.
       ``(d) Award of Grants.--In selecting entities to receive 
     grants under subsection (a), the Commissioner shall take into 
     consideration the--
       ``(1) diversity of strategies used to increase client 
     choice, including selection among qualified service 
     providers;
       ``(2) geographic distribution of projects; and
       ``(3) diversity of clients to be served.
       ``(e) Records.--Entities that receive grants under 
     subsection (a) shall maintain such records as the 
     Commissioner may require and comply with any request from the 
     Commissioner for such records.
       ``(f) Direct Services.--At least 80 percent of the funds 
     awarded for any project under this section shall be used for 
     direct services, as specifically chosen by eligible clients.
       ``(g) Evaluation.--The Commissioner shall conduct an 
     evaluation of the demonstration projects with respect to the 
     services provided, clients served, client outcomes obtained, 
     implementation issues addressed, the cost effectiveness of 
     the project, and the effects of increased choice on clients 
     and service providers. The Commissioner may reserve funds for 
     the evaluation for a fiscal year from the amounts 
     appropriated to carry out projects under this section for the 
     fiscal year.
       ``(h) Definitions.--For the purposes of this section:
       ``(1) Direct services.--The term `direct services' means 
     vocational rehabilitation services, as described in section 
     103(a).
       ``(2) Eligible client.--The term `eligible client' means an 
     individual with a disability, as defined in section 7(8)(A), 
     who is not currently receiving services under an 
     individualized written rehabilitation program established 
     through a designated State unit.''.

     SEC. 2293. TRAINING ACTIVITIES.

       (a) In General.--Section 803 of the Rehabilitation Act of 
     1973 (29 U.S.C. 797b) is amended--
       (1) by striking subsections (d) and (e) and redesignating 
     subsection (f) as subsection (d);
       (2) in subsection (d) (as so redesignated by paragraph 
     (1))--
       (A) by striking ``(g)'' and inserting ``(f)''; and
       (B) by striking the last sentence; and
       (3) by striking subsection (a) and redesignating 
     subsections (b) through (d) (as so redesignated by paragraph 
     (1)) as subsections (a) through (c).
       (b) Effective Dates.--
       (1) Paragraphs (1) and (2).--The amendments made by 
     paragraphs (1) and (2) of subsection (a) shall take effect on 
     October 1, 1997.
       (2) Subsection (a)(3).--The amendment made by paragraph (3) 
     of subsection (a) shall take effect on October 1, 1998.

     TITLE XXX--AMENDMENTS TO THE HELEN KELLER NATIONAL CENTER ACT

     SEC. 2295. AUTHORIZATION OF APPROPRIATIONS.

       Section 205(a) of the Helen Keller National Center Act (29 
     U.S.C. 1904(a)) and section

[[Page H2858]]

     208(h) of such Act (29 U.S.C. 1907(h)) are each amended by 
     striking ``1993 through 1997'' and inserting ``1998, 1999, 
     and 2000''.

                       TITLE XXXI--EFFECTIVE DATE

     SEC. 2297. EFFECTIVE DATE.

       Except as provided in section 2293, this division and the 
     amendments made by this division shall take effect on October 
     1, 1997.

  The CHAIRMAN. Are there any amendments to division B?


                 Amendment No. 3 Offered by Mr. Mc KEON

  Mr. McKEON. Mr. Chairman, I offer amendment No. 3.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Mr. McKeon:
       Page 6, after the item relating to section 2263, insert the 
     following:

Sec. 2264. Requirement that Federal agencies provide certification of 
              compliance with electronic and information technology 
              accessibility guidelines.

       Page 277, after line 3, insert the following:
       (1) in paragraph (5), by inserting after ``supported 
     employment'' the following: ``and self-employment or business 
     ownership'';
       Page 277, line 4, strike ``(1)'' and insert ``(2)''.
       Page 277, line 5, strike ``(2)'' and insert ``(3)''.
       Page 277, line 7, strike ``(3)'' and insert ``(4)''.
       Page 279, line 6, strike ``(4)'' and insert ``(5)''.
       Page 279, after line 23, insert the following:
       (a) Declaration of Policy.--Section 100(a)(3)(C) of the 
     Rehabilitation Act of 1973 (29 U.S.C. 720(a)(3)(C)) is 
     amended to read as follows:
       ``(C) Applicants and eligible individuals must be active 
     and full partners in the vocational rehabilitation process, 
     making meaningful and informed choices--
       ``(i) during assessments to determine eligibility and 
     vocational rehabilitation needs; and
       ``(ii) in the selection of the employment goal, services 
     needed to achieve the goal, entities providing such services, 
     and the methods used to procure such services.''.
       Page 279, line 24, strike ``Section 100(b)'' and insert 
     ``(b) Authorization of appropriations.--Section 100(b)''.
       Page 280, strike line 19 and all that follows through line 
     4 on page 281 and insert the following:
       (2) in paragraph (7)(A) to read as follows:
       ``(A) include a description, consistent with the purposes 
     of this Act, of a comprehensive system of personnel 
     development, which, at a minimum, shall consist of--
       ``(i) a description of the procedures and activities the 
     State agency will undertake to address the current and 
     projected training needs of all personnel in the designated 
     State unit to ensure that they are adequately trained and 
     prepared;
       ``(ii) a plan to coordinate and facilitate efforts between 
     the designated State unit and institutions of higher 
     education and professional institutions to recruit, prepare, 
     and retain qualified personnel, including personnel from 
     minority backgrounds and personnel who are individuals with 
     disabilities; and
       ``(iii) the development and maintenance of a system for 
     determining on an annual basis the number and type of 
     personnel that are employed by the State agency in the 
     provision of vocational rehabilitation services, including 
     ratios of counselors to clients;'';
       Page 281, after line 5, insert the following:
       (A) by inserting ``the Rural Development Administration of 
     the Department of Agriculture,'' after ``the Department of 
     Veterans Affairs,'';
       Page 281, line 6, strike ``(A)'' and insert ``(B)''.
       Page 281, line 9, strike ``(B)'' and insert ``(C)''.
       Page 282, after line 3, insert the following:
       (11) in paragraph (35), by striking ``and'' at the end;
       Page 282, strike lines 4 through 10 and insert the 
     following:
       (12) in paragraph (36)--
       (A) in subparagraph (b)(i), by moving the margin two ems to 
     the left;
       (B) in clauses (i), (ii), and (iii) of subparagraph (C) 
     (including subclause (II) of each of such clauses (ii) and 
     (iii)), by moving the margin two ems to the left; and
       (C) by striking the period at the end and inserting ``; 
     and'';
       (13) by adding at the end the following:
       ``(37) provide assurances that the State, or any recipient 
     of funds made available to the State under this title, will 
     comply with the guidelines established under section 508(a) 
     of this Act.''; and
       Page 282, line 11, strike ``(12)'' and insert ``(14)''.
       Page 282, line 13, strike ``(36)'' and insert ``(37)''.
       Page 282, line 13, strike ``(32),'' and insert ``(33),''.
       Page 282, after line 14, add line 14, add the following 
     (and conform the table of contents of the bill accordingly):

     SEC. 2203. INDIVIDUALIZED PLAN FOR EMPLOYMENT.

       (a) Section Heading.--Section 102 of the Rehabilitation Act 
     of 1973 (29 U.S.C. 722) is amended in the section heading by 
     striking ``INDIVIDUALIZED WRITTEN REHABILITATION PROGRAM'' 
     and inserting ``INDIVIDUALIZED PLAN FOR EMPLOYMENT''.
       (B) Assessment.--Section 102(b) of such Act (29 U.S.C. 
     722(b)) is amended to read as follows:
       ``(b)(1) As soon as a determination has been made that an 
     individual is eligible for vocational rehabilitation 
     services, the designated State unit shall complete the 
     assessment described in subparagraphs (B) and (C) of section 
     7(2), if such assessment is necessary, and ensure that an 
     individualized plan for employment is--
       ``(A) either--
       ``(i) at the request of the individual, developed by the 
     individual or, as appropriate, the eligible individual's 
     representative and approved by the vocational rehabilitation 
     counselor; or
       ``(ii) developed and approved by the individual or, as 
     appropriate, by a parent, a family member, a guardian, an 
     advocate, or an authorized representative of such individual 
     (hereafter referred to in this subsection as the `eligible 
     individual's representative') and the vocational 
     rehabilitation counselor;
       ``(B) based on the findings of the assessment to determine 
     the individual's eligibility and vocational rehabilitation 
     needs described in section 7(2);
       ``(C) written, and, as appropriate, otherwise documented, 
     and provided to the individual or, as appropriate, to the 
     eligible individual's representative in the native language 
     or mode of communication of the individual or, as 
     appropriate, of the eligible individual's representative;
       ``(D) implemented in a timely manner;
       ``(E) reviewed at least annually by the vocational 
     rehabilitation counselor and the individual or, as 
     appropriate, the eligible individual's representative; and
       ``(F) amended, as necessary, by the individual or, as 
     appropriate, the eligible individual's representative, in 
     collaboration with the counselor, when there are substantive 
     changes in the employment goal, the services to be provided, 
     or the service providers (such revisions or amendments shall 
     not take effect until agreed to and signed by the individual 
     or, as appropriate, by the eligible individual's 
     representative, and the vocational rehabilitation counselor).
       ``(2) The individual plan for employment shall be developed 
     and implemented in a manner that affords eligible individuals 
     the opportunity to exercise informed choice in selecting the 
     employment goal, the specific vocational rehabilitation 
     services to be provided, the entity or entities that will 
     provide the vocational rehabilitation services, and the 
     methods used to procure the services, consistent with the 
     informed choice provisions in subsection (e).
       ``(3) The individualized plan for employment shall 
     identify--
       ``(A) the specific employment goal that is chosen by the 
     individual, consistent with the unique strengths, resources, 
     priorities, concerns, abilities, capabilities, and informed 
     choice of the individual, and is, to the maximum extent 
     appropriate, in an integrated setting;
       ``(B) the specific vocational rehabilitation services that 
     are--
       ``(i) needed to achieve the employment goal, including, as 
     appropriate, assistive technology devices and services, and 
     personal assistance services, including training in the 
     management of such services; and
       ``(ii) provided in the most integrated setting that is 
     appropriate to the service being provided and is consistent 
     with the informed choice of the individual;
       ``(C) the entity or entities chosen by the individual or, 
     as appropriate, the eligible individual's representative, 
     that will provide the vocational rehabilitation services and 
     the methods used to procure such services;
       ``(D) timelines for the achievement of the employment goal 
     and for the initiation of services;
       ``(E) the terms and conditions of the individualized plan 
     for employment, including--
       ``(i) the responsibilities of the designated State unit and 
     the individual under such plan, including participation in 
     the costs of the plan;
       ``(ii) criteria to evaluate progress toward achievement of 
     the employment goals; and
       ``(iii) the use of comparable services and benefits under 
     such plan, in accordance with section 101(a)(8);
       ``(F) prior to the determination that the individual has 
     achieved an employment outcome, the expected need for post-
     employment services; and
       ``(G) the rights and remedies available to the individual 
     as provided in subsection (d), including notification of the 
     availability of assistance from the client assistance program 
     under section 112 of this Act.
       ``(4) For an individual with the most severe disabilities 
     for whom an employment goal in a supported employment setting 
     has been determined to be appropriate, the individualized 
     plan for employment shall, in addition to the requirements 
     identified in subsection (b)(3), identify--
       ``(A) the extended services needed by the individual;
       ``(B) the source of extended services or, to the extent 
     that the sources to provide the extended services cannot be 
     identified at the time of the development of the 
     individualized plan for employment, a description of the 
     basis for concluding that there is a reasonable expectation 
     that such sources will become available; and
       ``(C) in cases in which multiple extended service providers 
     are available to the individual, the providers of such 
     services chosen by the individual or, as appropriate, the 
     eligible individual's representative.''.
       (c) Informed Choice.--Section 102 of such Act (29 U.S.C. 
     722) is amended by adding at the end the following:

[[Page H2859]]

       ``(e) Each State agency, in consultation with its State 
     Rehabilitation Advisory Council, if it has one, shall, 
     consistent with section 100(a)(3)(C), develop and implement 
     written policies and procedures that enable each individual 
     to exercise informed choice throughout the vocational 
     rehabilitation process, including policies and procedures 
     that require the State agency--
       ``(1) to inform each applicant and eligible individual 
     (including students with disabilities who are making the 
     transition from programs under the responsibility of an 
     educational agency to programs under the responsibility of 
     the designated State unit), through appropriate modes of 
     communication, about the availability of, and opportunities 
     to exercise, informed choice, including the availability of 
     support services for individuals with cognitive or other 
     disabilities who require assistance in exercising informed 
     choice;
       ``(2) to assist applicants and eligible individuals to 
     exercise informed choice in decisions related to the 
     provision of assessment services;
       ``(3) to develop and implement flexible procurement 
     policies and methods that facilitate the provision of 
     services and that afford eligible individuals meaningful 
     choices among the methods used to procure services;
       ``(4) to provide or assist eligible individuals in 
     acquiring information that enables those individuals to 
     exercise informed choice in the selection of--
       ``(A) the employment goal;
       ``(B) the specific services needed to achieve the 
     individual's employment goal;
       ``(C) the providers of the selected services;
       ``(D) the employment setting and the settings in which 
     services are provided; and
       ``(E) the methods available for procuring the selected 
     services; and
       ``(5) to ensure that the availability and scope of informed 
     choice under this section is consistent with the State 
     agency's obligations under section 12(e).''.
       (d) Conforming Amendment.--Section 102 of such Act (29 
     U.S.C. 722) is amended by striking ``individualized written 
     rehabilitation program'' each place is appears and inserting 
     ``individualized plan for employment''.
       Page 282, line 15, strike ``2203'' and insert ``2204''.
       Page 282, line 22, strike ``2204'' and insert ``2205''.
       Page 283, line 1, strike ``2205'' and insert ``2206''.
       Page 283, line 14, strike ``2206'' and insert ``2207''.
       Page 285, strike line 16 and all that follows through line 
     20 and insert the following:
       (1) in paragraph (1)--
       (A) by striking ``, except that'' and all that follows 
     through ``continue to serve as Director''; and
       (B) by striking the third and fourth sentences;
       (2) by striking paragraph (2);
       (3) in paragraph (3)--
       (A) by striking ``ncessary'' and inserting ``necessary''; 
     and
       (B) by redesignating such paragraph as paragraph (2); and
       (4) by redesignating paragraph (4) as paragraph (3).
       Page 286, after line 6, insert the following (and conform 
     the table of contents of the bill accordingly):

     SEC. 2231. DECLARATION OF PURPOSE.

       Section 301(1)(A) of the Rehabilitation Act of 1973 (29 
     U.S.C. 770(1)(A)) is amended by inserting after ``independent 
     living services programs'' the following: ``, through 
     community economic or business development programs''.
       Page 286, line 7, strike ``2231'' and insert ``2232''.
       Page 286, after line 9, insert the following:
       (1) in subsection (a)(1)--
       (A) by striking ``and (E)'' and inserting ``(E)'';
       (B) by striking the period at the end and inserting the 
     following: ``, and (F) personnel specifically trained to 
     deliver services to individuals whose vocational goal is 
     self-employment or business ownership.'';
       Page 286, strike lines 10 and 11 and insert the following:
       (2) in subsection (b)(1)(B)--
       (A) in clause (ii)--
       (i) by redesignating subclauses (IV) and (V) as subclauses 
     (V) and (VI), respectively; and
       (ii) by inserting after subclauses (III) the following:
       ``(IV) assistance and support to individuals pursuing self-
     employment or business ownership as their rehabilitation 
     goal;''; and
       (B) in clause (iv), by moving the margin two ems to the 
     left;
       Page 286, line 12, strike ``(2)'' and insert ``(3)''.
       Page 286, line 13, strike ``(3)'' and insert ``(4)''.
       Page 286, line 19, strike ``(4)'' and insert ``(5)''.
       Page 286, line 22, strike ``(5)'' and insert ``(6)''.
       Page 287, line 1, strike ``2232'' and insert ``2233''.
       Page 287, line 8, strike ``2233'' and insert ``2234''.
       Page 288, lines 6 and 7 and insert the following:
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Subject to the provisions of section 306, the'' and 
     inserting ``The'';
       (B) in paragraph (3), by striking ``and'' at the end;
       (C) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(5) establishing programs for supporting the effects of 
     vocational rehabilitation programs to promote self-employment 
     or business ownership goals of people with disabilities.''.
       Page 291, after line 13, insert the following:

     SEC. 2264. REQUIREMENT THAT FEDERAL AGENCIES PROVIDE 
                   CERTIFICATION OF COMPLIANCE WITH ELECTRONIC AND 
                   INFORMATION TECHNOLOGY ACCESSIBILITY 
                   GUIDELINES.

       Section 508(b) of the Rehabilitation Act of 1973 (29 U.S.C. 
     794d(b)) is amended to read as follows:
       ``(b) Compliance.--
       ``(1) In general.--Each Federal agency shall comply with 
     the guidelines established under this section.
       ``(2) Certification.--
       ``(A) Establishment of certification procedures.--The 
     Director of the Office of Management and Budget shall 
     establish uniform procedures under which the head of each 
     Federal agency shall submit to the Director a written 
     certification, containing such information as the Director 
     may reasonably require, that such agency is in compliance 
     with the guidelines established under this section.
       ``(B) Submission of certification.--Not later than 
     September 30 of each year, the head of each Federal agency 
     shall submit to the Director of the Office of Management and 
     Budget a written certification in accordance with the 
     procedures established under subparagraph (A).
       ``(C) Review of certification.--The Director of the Office 
     of Management and Budget--
       ``(i) shall review each certification submitted by each 
     Federal agency under subparagraph (B); and
       ``(ii) shall provide notice to each such Federal agency 
     that such agency is either in compliance or not in compliance 
     with the guidelines established under this section, as the 
     case may be.
       ``(D) Assistance for and monitoring of agencies not in 
     compliance.--In the case of a Federal agency that is not in 
     compliance with the guidelines established under this 
     section, the Director of the Office of Management and 
     Budget--
       ``(i) shall assist such agency in its efforts to comply 
     with such guidelines; and
       ``(ii) shall monitor the progress of such agency to comply 
     with such guidelines.''.

  Mr. McKEON. Mr. Chairman, these amendments are those changes that 
have been worked out by Republicans, Democrats, and the administration 
since the full committee markup, as requested by the chairman and 
ranking member at that markup.
  The amendment will streamline the current individualized written 
rehabilitation plan as the individualized plan for employment, add a 
collection of consumer choice provisions to the act to increase the 
ability of individuals with disabilities to control the content, scope, 
and services of the program, add provisions to emphasize that self-
employment or starting your own business is a viable vocational 
outcome, transfer of certain existing obligations of States under the 
Disabilities Technology-related Assistance Act to the Rehabilitation 
Act, and technical refinements to amendments that were included in the 
marked-up bill.
  Mr. Chairman, I urge support of this amendment.
  Mr. KILDEE. Mr. Chairman, I rise in support of the amendment.
  I concur with the statements made by my subcommittee chairman, the 
gentleman from California [Mr. McKeon], and urge the adoption of this 
amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from California [Mr. McKeon].
  The amendment was agreed to.
  The CHAIRMAN. Are there further amendments to division B?
  If not, the question is on the committee amendment in the nature of a 
substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The CHAIRMAN. Under the rule, the Committee rises.
  Accordingly the Committee rose; and the Speaker pro tempore [Mr. 
Collins] having assumed the chair, Mr. Ney, Chairman of the Committee 
of the Whole House on the State of the Union, reported that that 
Committee, having had under consideration the bill (H.R. 1385), to 
consolidate, coordinate, and improve employment, training, literacy, 
and vocational rehabilitation programs in the United States, and for 
other purposes, pursuant to House Resolution 150, he reported the bill 
back to the House with an amendment adopted by the Committee of the 
Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.

[[Page H2860]]

  Is a separate vote demanded on any amendment to the committee 
amendment in the nature of a substitute adopted by the Committee of the 
Whole? If not, the question is on the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. CLAY. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  The vote was taken by electronic device, and there were--yeas 343, 
nays 60, not voting 30, as follows:

                             [Roll No. 138]

                               YEAS--343

     Abercrombie
     Allen
     Archer
     Armey
     Bachus
     Baesler
     Baldacci
     Barcia
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berman
     Berry
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Bliley
     Blumenauer
     Blunt
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady
     Brown (CA)
     Brown (FL)
     Bryant
     Bunning
     Burr
     Buyer
     Calvert
     Camp
     Canady
     Capps
     Cardin
     Carson
     Castle
     Chabot
     Chambliss
     Christensen
     Clay
     Clayton
     Clement
     Clyburn
     Coburn
     Combest
     Condit
     Conyers
     Cooksey
     Costello
     Coyne
     Cramer
     Cubin
     Cummings
     Cunningham
     Danner
     Davis (FL)
     Davis (VA)
     Deal
     DeFazio
     Delahunt
     DeLauro
     DeLay
     Dellums
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Engel
     English
     Ensign
     Eshoo
     Etheridge
     Evans
     Ewing
     Farr
     Fattah
     Fawell
     Fazio
     Filner
     Foglietta
     Foley
     Forbes
     Ford
     Fowler
     Fox
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Furse
     Gallegly
     Ganske
     Gejdenson
     Gekas
     Gibbons
     Gilchrest
     Gilman
     Gonzalez
     Goodlatte
     Goodling
     Gordon
     Graham
     Granger
     Green
     Greenwood
     Gutknecht
     Hall (OH)
     Hamilton
     Hansen
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Herger
     Hill
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hooley
     Horn
     Houghton
     Hoyer
     Hunter
     Inglis
     Jackson (IL)
     Jackson-Lee (TX)
     Jenkins
     John
     Johnson (CT)
     Johnson (WI)
     Johnson, E.B.
     Johnson, Sam
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kilpatrick
     Kim
     Kind (WI)
     Kleczka
     Klug
     Knollenberg
     Kolbe
     Kucinich
     LaFalce
     Lampson
     Lantos
     Largent
     Latham
     LaTourette
     Lazio
     Leach
     Levin
     Lewis (CA)
     Lewis (GA)
     Linder
     Lipinski
     Livingston
     Lofgren
     Lowey
     Lucas
     Luther
     Maloney (CT)
     Maloney (NY)
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDade
     McDermott
     McGovern
     McHale
     McHugh
     McInnis
     McIntosh
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Meek
     Menendez
     Mica
     Millender-McDonald
     Miller (FL)
     Minge
     Mink
     Moakley
     Mollohan
     Moran (KS)
     Moran (VA)
     Morella
     Myrick
     Nadler
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Oxley
     Pallone
     Parker
     Pascrell
     Pastor
     Paxon
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Pickering
     Pickett
     Pitts
     Pomeroy
     Porter
     Portman
     Poshard
     Price (NC)
     Pryce (OH)
     Rahall
     Ramstad
     Rangel
     Regula
     Reyes
     Riggs
     Rivers
     Rodriguez
     Roemer
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rothman
     Roukema
     Roybal-Allard
     Rush
     Ryun
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Saxton
     Schaffer, Bob
     Schumer
     Scott
     Serrano
     Shaw
     Shays
     Sherman
     Shimkus
     Shuster
     Sisisky
     Skaggs
     Skeen
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Smith (TX)
     Smith, Adam
     Snowbarger
     Snyder
     Souder
     Spence
     Spratt
     Stabenow
     Stark
     Stenholm
     Stokes
     Strickland
     Stupak
     Sununu
     Tanner
     Tauscher
     Tauzin
     Taylor (NC)
     Thomas
     Thompson
     Thornberry
     Thurman
     Tiahrt
     Tierney
     Torres
     Traficant
     Turner
     Upton
     Velazquez
     Vento
     Visclosky
     Walsh
     Waters
     Watt (NC)
     Waxman
     Weldon (PA)
     Weller
     Wexler
     Weygand
     White
     Whitfield
     Wise
     Wolf
     Woolsey
     Wynn
     Yates
     Young (AK)

                                NAYS--60

     Aderholt
     Barr
     Burton
     Callahan
     Campbell
     Cannon
     Chenoweth
     Coble
     Collins
     Cook
     Cox
     Crane
     Crapo
     Davis (IL)
     Dickey
     Doolittle
     Duncan
     Emerson
     Everett
     Goode
     Goss
     Hall (TX)
     Hayworth
     Hefley
     Hostettler
     Hulshof
     Hutchinson
     Hyde
     Jones
     King (NY)
     Kingston
     LaHood
     Lewis (KY)
     Manzullo
     Metcalf
     Neumann
     Pappas
     Paul
     Petri
     Pombo
     Radanovich
     Riley
     Rogan
     Royce
     Salmon
     Sanford
     Scarborough
     Schaefer, Dan
     Sensenbrenner
     Sessions
     Shadegg
     Smith, Linda
     Solomon
     Stearns
     Stump
     Talent
     Taylor (MS)
     Thune
     Wamp
     Weldon (FL)

                             NOT VOTING--30

     Ackerman
     Andrews
     Baker
     Ballenger
     Barton
     Boehlert
     Brown (OH)
     DeGette
     Flake
     Gephardt
     Gillmor
     Gutierrez
     Hefner
     Istook
     Jefferson
     Klink
     LoBiondo
     Manton
     Miller (CA)
     Molinari
     Murtha
     Packard
     Quinn
     Schiff
     Skelton
     Towns
     Watkins
     Watts (OK)
     Wicker
     Young (FL)

                              {time}  1258

  Mr. WELDON of Florida and Mr. DUNCAN changed their vote from ``yea'' 
to ``nay.''
  Messrs. HINCHEY, TIAHRT and BARTLETT of Maryland changed their vote 
from ``nay'' to ``yea.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________