[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.
____________________