[Senate Report 105-166]
[From the U.S. Government Publishing Office]
Calendar No. 318
105th Congress Report
2d Session SENATE 105-166
_______________________________________________________________________
REHABILITATION ACT AMENDMENTS OF 1998
_______
March 2, 1998.--Ordered to be printed
_______
Mr. Jeffords, from the Committee on Labor and Human Resources,
submitted the following
R E P O R T
[To accompany S. 1579]
The Committee on Labor and Human Resources, to which was
referred the bill (S. 1579) to amend the Rehabilitation Act of
1973, to reauthorize and to make improvements to the Act, and
for other purposes, having considered the same, reports
favorably thereon and recommends the bill as amended do pass.
CONTENTS
Page
I. Introduction and Purpose.........................................1
II. Background and Need for Legislation..............................3
III. Legislative History and Committee Action.........................5
IV. Explanation of the Bill and Committee Views......................7
V. Cost Estimate...................................................39
VI. Application of law to the legislative branch....................43
VII. Regulatory Impact Statement.....................................44
VIII.Section-by-Section Analysis.....................................44
I. Introduction and Purpose
S. 1579 was the result of extensive discussions among
Senators and officials of the U.S. Department of Education, as
well as discussions and recommendations from individuals with
many different disabilities and organizations that represent
them, from rehabilitation professionals in both the public and
private sectors, advocates for individuals with disabilities,
and individual directors who administer State vocational
rehabilitation programs. The legislation was developed through
a bipartisan, consensus-based process that preceded committee
action.
The purposes of S. 1579, the Rehabilitation Act Amendments
of 1998, are to: (1) link the Rehabilitation Act of 1973 and
the Workforce Investment Partnership Act of 1998 (WIPA) and
link the State vocational rehabilitation systems to the
existing and developing State workforce investment systems: (2)
streamline the current vocational rehabilitation system to make
it more efficient, economical, user-friendly, and easy to
access; (3) provide greater access to information technology;
(4) make improvements to discretionary programs related to
personnel training, research, and demonstration projects; (5)
improve the delivery of services to individuals with
disabilities to provide them enhanced consumer choice, more
jobs, and better jobs; and (6) extend through 2004 the
authorizations of programs under the Rehabilitation Act of 1973
that expired in fiscal year 1997.
WIPA reestablishes and realigns the national workforce
development and training system to make it more user-friendly
and accessible. Part of that realignment is its link to the
vocational rehabilitation system. Authorized by the
Rehabilitation Act of 1973, this system is the country's major
Federally funded job training program for disabled individuals.
Its link to the new workforce development system will ensure
that information about, and proper referrals between, the two
systems provide a true safety net for individuals who would
otherwise fall through the gap between the two systems.
State vocational rehabilitation agencies are saddled with
repetitive and wasteful administrative requirements. The
``Rehabilitation Act Amendments of 1998'' have done away with
many unnecessary procedures making the system more efficient,
cost effective, and user friendly. For example, State
vocational rehabilitation agencies' requirements for developing
their State plans have been reduced and consolidated from 36 to
24 and the mandatory 1.5% set aside from a State's Federal
allotment for the development of a ``strategic plan'' is
eliminated. These steps alone will save States millions of
dollars and countless hours that can all be better applied
towards providing job training services. Furthermore, State
vocational rehabilitation agencies' requirements for
establishing an individual's eligibility for their services
have been simplified. Not only will this change save States
precious resources, but it will allow easier access for more
individuals who qualify for job training/rehabilitation
services.
Finally, the ``Rehabilitation Act Amendments of 1998''
generally improve the way job training and rehabilitation
services are provided. The committee took full advantage of its
opportunity to reauthorize the ``Rehabilitation Act of 1973''
and not only linked it to WIPA, but made enhancements over and
above streamlining the program. The Amendments provide needed
emphasis on self-employment, consumer choice, shared
development of State plans among the various components of a
State's disability leadership, access to computers and
information technology, and assurances that all individuals
with disabilities receive at least information and referral
services (especially referral to the State's workforce
development system).
II. Background and Need for Legislation
Background
The Rehabilitation Act of 1973 provides comprehensive job
training services to individuals with physical or mental
disabilities. Administered by the Department of Education's
Rehabilitation Services Administration, it is the major
Federally funded program to do so. Its major goal is to help
disabled individuals become employable and achieve self-
sufficiency, independence, and integration into society.
The Rehabilitation Act was initially enacted by Congress in
1920 as a way of returning injured workers to their jobs. When
the United States entered World War II, the Act was expanded to
help the country meet workforce shortages at home. It was not
amended again until 1973 when Congress gave priority under the
Act to individuals with severe disabilities, assuming these
individuals were deemed to have employment potential. The 1978
amendments created a major new service category comprehensive
services for independent living. This program was designed to
assist individuals become more independent and integrated into
society. At the time, it was viewed, as an alternative
vocational rehabilitation, although it is appropriatly viewed
as its complement. The Act was expanded again in 1986 by
creating programs for individuals with disabilities who could
not achieve or maintain employment without special assistance.
These ``supported employment'' services often include ``job
coaches'' who may stay at or periodically visit an individual's
worksite.
The Act was last amended and reauthorized in 1992 for five
years. Amendments to title I included provisions that again,
emphasized and furthered self-sufficiency and independence and
assured that underserved populations received services. These
amendments also modified the eligibility criteria to speed up
the eligibility determination process and to ensure that
individuals with severe disabilities were not determined to be
ineligible for vocational rehabilitation services programs
because of the severity of their disabilities. In particular,
the 1992 amendments provided that all individuals with
disabilities are presumed to benefit from a State's vocational
rehabilitation services and to have the potential to engage in
employment unless the State vocational agency demonstrates that
the individual is incapable of doing so. As a result of the
amendments, the eligibility rates rose from 56.5% in 1992 to
76.5% in 1996. Retained in the 1992 amendments was ``order of
selection''. When a State is financially unable to serve all
those who are eligible, it must prioritize who receives
services by defining and then serving first who are ``most
severely disabled.''
In the 104th Congress an effort was made to reauthorize the
Act through the Workforce Development Act of 1995, which would
have consolidated and improved the Federal approach to support
for job training. In that legislation, which was adopted by the
Senate but not enacted, the Rehabilitation Act would have
remained a free-standing statute that would have linked State
vocational rehabilitation agencies to other job training
components in State workforce systems.
The committee continues to believe that, in order to
strengthen and improve job opportunities for individuals with
disabilities, the Rehabilitation Act must be reauthorized and
State vocational rehabilitation services must be linked to
State workforce systems, without compromising the integrity,
vitality, and unique nature of State vocational rehabilitation
agencies.
Need for Legislation
Prior to any fact finding or review of current law, the
Committee on Labor and Human Resources's Subcommittee on
Employment and Training felt that this legislation, the
``Rehabilitation Act Amendments of 1998,'' was essential for
two reasons. First, in the new light of WIPA and its efforts to
create a seamless job training system, this legislation was
necessary to complete that effort. The Rehabilitation Act of
1973 and the new ``Rehabilitation Amendments of 1998'' are not
merely disability programs. Their roots are in job training and
job placement programs and it is in that spirit that this job
training legislation was drafted to complement and link with
the new workforce system under WIPA. It must be perfectly clear
that it is the committee's intent to make a State's vocational
rehabilitation program an integral component of a State's
workforce system, creating a comprehensive job training system
capable of serving all who come to its doors.\1\
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\1\ As expressed in section IV of this Report, it is also the
committee's intent to assure the integrity of the vocational
rehabilitation system. As it is linked to developing State workforce
systems, it will retain its separate funding stream and governance.
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Second, the Rehabilitation Act of 1973's current
authorization expired September 30, 1997 and therefore the law
required a reauthorization if its programs were to continue.
When the committee took up the current legislation, the Act was
in its fifth month of extension pursuant to the General
Education Provisions Act.\2\ This reauthorization legislation
is the product of a lengthy and detailed review of the current
law done in an effort to meet these two needs.
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\2\ This Act (GEPA) provides for an automatic one year extension
for the Rehabilitation Act of 1973 provided Congress does not act to
reauthorize the Act prior to its expiration.
---------------------------------------------------------------------------
The Subcommittee on Employment and Training, chaired by
Senator Mike DeWine, began its review process in July 1997 with
a hearing in Washington, DC on July 10 and a hearing in
Columbus, Ohio on July 21. The witnesses at each hearing
represented the ``stakeholders'' in the vocational
rehabilitation process: Federal officials from the Department
of Education, rehabilitation services providers, State
administrators, consumers, and consumer advocates. The
Subcommittee found, that in addition to the two needs for
legislation mentioned above, those affected most by this Act
had many other needs and suggestions for change.
The witnesses focused on six major themes in which they, as
professionals in and consumers of vocational rehabilitation,
felt the Rehabilitation Act of 1973 needed improvement. They
were: consumer choice, streamlining the system's administrative
process, due process, partnerships and links with the WIPA,
increasing the number of successful employment outcomes, and
extending the reauthorization period.
Of particular note were the statements offered by Judith
Heumann, the Assistant Secretary of Education in the Office of
Special Education and Rehabilitative Services, Eric Parks, the
Chairman of the Ohio Rehabilitation Services Commission, Janet
E. Samuelson, President, Fairfax Opportunities Unlimited of
Alexandria, Virginia, and Bobby Simpson, the President of the
Council of State Administrators of Vocational Rehabilitation
and the Director of the Arkansas Rehabilitation Services.
Judith Heumann, speaking about the issue of consumer
choice, stated:
``. . . we must continue to reach toward the ideal of
guaranteeing that people with disabilities are active
participants in the rehabilitation process [and that]
consumers have the right to choose in regard to the
selection of their employment goal, the services needed
to reach their goal, the providers of such services,
and the methods to be used to procure the services and
provide a clear framework of how choice is provided.''
Eric Parks, speaking about the issue of facilitating
partnerships and linkages, stated,
``In our efforts to maximize all available resources,
we have to come to understand the extraordinary value
of partnerships . . . Some matters remain to be
resolved [and the question we must always ask] is `how
will this change better help [the] critical Federal/
State partnership put someone to work in the most
effective manner?' ''
Also speaking to the issue of partnerships and linkages,
Janet Samuelson, the President of Fairfax Opportunities
Unlimited testified that,
``The proposed language on linkages to State
workforce development programs should help assure
access and coordination. Common intake and referral
systems and requirements for cooperative efforts with
employers are good proposals.''
Finally, Bobby Simpson, speaking to the issue of increasing
the number of successful employment outcomes, testified that,
``The clear purpose and function of the vocational
rehabilitation program should be to place individuals
with disabilities in competitive employment in
integrated settings with earnings at or above minimum
wage. People with disabilities want the same kind of
jobs that you and I want. They want real jobs in the
competitive labor market, wherein they can perform real
work which contributes to the national economy.''
The subcommittee concluded, based on the information
obtained through two hearings, that the need for this
reauthorization legislation extended well beyond the original
necessities, to link the program to the WIPA and to reauthorize
the expired Act. Because the Rehabilitation Act of 1973 was
last amended in 1992 these changes are necessary not only in
light of the WIPA, but also to update and further, build upon
the positive changes made in 1992.
III. Legislative History and Committee Action
On July 10, 1997, and July 21, 1997 the Senate Committee on
Labor and Human Resources's Subcommittee on Employment and
Training held hearings on the reauthorization of the
Rehabilitation Act of 1973 (S. Hrgs. 105-174 and 105-137), and
the following individuals provided testimony:
July 10 (Washington, D.C.)
Judith Heumann, Assistant Secretary, Office of Special
Education and Rehabilitative Services, U.S. Department of
Education, Washington, D.C.;
Frederic K. Schroeder, Commissioner, Rehabilitation
Services Administration, Office of Special Education and
Rehabilitative Services, U.S. Department of Education,
Washington, D.C.;
Katherine Seelman, Director, National Institute of
Disability and Rehabilitation Research, Office of Special
Education and Rehabilitative Services, U.S. Department of
Education, Washington, D.C.;
Eric Parks, Chairman, Ohio Rehabilitative Services
Commission, Columbus, Ohio;
Traci Meece, a consumer, Ohio Rehabilitative Services
Commission, Columbus, Ohio;
Kevin Veller, Executive Director, Vermont Association of
Business, Industry, and Rehabilitation, Winooski, Vermont;
Jay Johnson, Director, of the Center for Independent
Living, East Grand Forks, Minnesota and a member of the
National Council for Independent Living;
Janet E. Samuelson, President, Fairfax Opportunities
Unlimited, Alexandria, Virginia;
Douglas Taksar, former consumer, Fairfax Opportunities
Unlimited, Alexandria, Virginia;
Paul Marchand, Chairman, Consortium for Citizens with
Disabilities, Washington, DC; and
Bobby Simpson, President, Council of State Administrators
of Vocational Rehabilitation and Director, Arkansas
Rehabilitation Services, Hot Springs, Arkansas.
Additional statements and letters regarding the
reauthorization of the Rehabilitation Act of 1973 were also
received and placed into the record.
July 21 (Columbus, Ohio)
Robert L. Rabe, Administrator, Ohio Rehabilitation Services
Commission, Columbus, Ohio;
Bruce S. Growick, Ph.D., associate professor, the Ohio
State University, Columbus, Ohio;
Rose Ann Hermiller, vocational rehabilitation supervisor,
Ohio Rehabilitation Services Commission, Columbus, Ohio;
Barbara Corner, client advocate, Ohio Client Assistance
Program, Columbus, Ohio;
Katina Karoulis, community employment specialist, Ohio
Department of Mental Retardation and Developmental
Disabilities, Columbus, Ohio; and
Claudia Bergquist, president, Ohio Association of the Deaf,
Columbus, Ohio.
Additional statements and letters regarding the
reauthorization of the Rehabilitation Act of 1973 were also
received and placed into the record.
On January 28, 1998, Senators DeWine, Jeffords, Kennedy,
Wellstone, Harkin, Frist, Collins, Dodd, Reed, Chafee, and
Bingaman introduced the Rehabilitation Act Amendments of 1998,
S. 1579.
On February 4, 1998, the Senate Committee on Labor and
Human Resources met in Executive Session to consider Senate
bill 1579, the Rehabilitation Act Amendments of 1998. The
committee voted on the following amendments:
Senator DeWine offered a set of technical amendments which:
1) clarified the term ``Governor'' throughout the
bill by inserting a new definition that stated that the
term Governor may include ``another appropriate officer
of the State;''
2) clarified the term ``personnel'' as being those
who are ``employed by the designated State unit;''
3) corrected the length of reauthorization of the
Helen Keller National Center Act by changing its
renewal year from 2000 to 2004; and
4) renamed the ``President's Committee on National
Employ the Physically Handicapped Week'' to the
``President's Committee on Employment of People with
Disabilities.''
The amendment was accepted through a unanimous consent.
Final Action: The bill as amended was reported favorably by
unanimous voice vote.
IV. Explanation of Bill and Committee Views
Along with the Senate Labor and Human Resource Committee's
intended purposes for this legislation, there are two
fundamental reasons S. 1579, The Rehabilitation Act Amendments
of 1998, needed to be considered. The first is the critical
consideration of the underlying Act's (Rehabilitation Act of
1973) expiration. That law expired on September 30, 1997.
Without a reauthorization by September 30, 1998 the essential
job training programs for individuals with disabilities would
no longer be authorized to receive Federal funding. The
committee reauthorizes the Act for seven years. The committee
intends a seven year reauthorization to mirror WIPA's job
training authorization as well as give State vocational
rehabilitation agencies ample opportunity to implement S.
1579's many changes.
The second is the practical consideration of creating a
seamless Federal job training system. As stated, WIPA
dramatically reforms the nation's job training system in an
attempt to better serve more people. The Rehabilitation Act, in
addition to being a disability program, is a job training
program. To properly develop a cohesive national job training
system, this program must be synchronized with the newly formed
programs under WIPA. Therefore, it is the committee's intent to
facilitate that goal by linking the two systems. The bill
includes extensive links between vocational rehabilitation
agencies and State workforce systems. For example, amendments
related to linkage are found throughout the bill in sections
pertaining to the findings and purposes of the legislation,
definitions, program administration, reports, information
dissemination, and State plan requirements, including those
concerning data reporting. Complementary and parallel
provisions to promote linkage between vocational rehabilitation
agencies and State workforce systems also are included in WIPA.
However, it is also the committee's intent that this
partnership does not violate the integrity of the vocational
rehabilitation system. Under no circumstance will the funds of
a State vocational rehabilitation agency be diverted to any
purposes other than those spelled out in the Rehabilitation
Act. The programs funded under WIPA must fulfill their
responsibilities under the Americans with Disabilities Act to
make their programs and services available and accessible to
individuals with disabilities and must not rely on
Rehabilitation Act funds. The committee intends that vocational
rehabilitation funds be transferred to workforce investment
centers only when and to what extent such centers house staff
from the State vocational rehabilitation agency for the purpose
of conducting the business of the State vocational
rehabilitation program or, because of a contract or some other
mechanism, the workforce investment center staff actually
provides services authorized under the Rehabilitation Act to
individuals with disabilities who are seeking and are eligible
to receive such services.
The committee's agglutinated intended purposes for S. 1579
include and extend beyond the two basic needs for the
legislation. These additional reasons came to light and were
adopted by the committee as the Subcommittee on Employment and
Training conducted hearings on the reauthorization and through
an open and lengthy negotiation process that included
vocational rehabilitation consumers, counselors, consumer
advocates, the U.S. Department of Education, and State
vocational rehabilitation agencies representatives.
These additional reasons include several changes that
simplify the delivery of vocational rehabilitation services and
increase the ability of State vocational rehabilitation
agencies and job training agencies to work together to reach
and assist individuals with disabilities. The committee creates
new opportunities and expands existing ones to improve
employment options for individuals with disabilities.
Expansions include the promotion of self-employment as an
employment outcome and discretionary dollars for self-
employment and telecommuting initiatives. The committee feels
individuals should develop their own individual rehabilitation
employment plans (IREPs) or have the opportunity to work with a
qualified vocational rehabilitation counselor in doing so. The
committee intends for State vocational rehabilitation agencies
to provide information up-front to individuals about how the
State vocational rehabilitation system works. The committee
also establishes new levels of accountability in the vocational
rehabilitation process, so that comparisons within States and
across State lines can be made about State efforts to help
individuals with disabilities secure, maintain, regain, or
advance in employment. The committee revamps the Rehabilitation
Act's dispute resolution process and current data collection
requirements so that the new data requirements emphasize
outcomes over process, to parallel those in WIPA.
To proclaim and establish these intentions and goals, the
committee bill makes numerous changes, both broad and detailed,
to the Rehabilitation Act in the following areas:
Provisions Preceding Title I
The committee bill includes many powerful links and
references to WIPA within the Findings, Purposes, and Policies
of the Act, as well as in other areas through S. 1579. As
stated, the committee strongly believes that unless such links
are clearly established many individuals will be denied the
employment-related assistance they need and deserve.
To accommodate the changes to the Rehabilitation Act, the
committee adds many new definitions; several of which require
particular clarification.
The term ``administrative costs'' provides specific
examples of expenses that would be considered administrative
costs, but is not meant to be an exhaustive list. For example,
section 7(1)(C) would include expenses incurred in providing
the full range of due process protections, including voluntary
mediation available to an individual under section 102(c).
The terms ``local workforce investment partnership,''
``statewide workforce investment partnership,'' ``statewide
workforce investment system,'' and ``workforce investment
activities'' are intended to mirror the meanings provided to
these terms in WIPA.
The term ``underemployment'' covers situations in which
individuals with disabilities are employed at levels beneath
what they are capable of doing and what they want to be doing.
For example, an individual with a disability who was previously
trained as a nurse, but is currently employed as a nurse's
aide, would be ``underemployed.'' The Rehabilitation Act funds
programs that help individuals get jobs, initial jobs, and jobs
they would not have achieved otherwise because of their
disabilities.
The term ``requires vocational rehabilitation services''
covers, as a specific category, individuals who receive SSI or
SSDI benefits. The phrase ``intends to achieve an employment
outcome'' clarifies the committee's intent that individuals
receiving SSI or SSDI benefits who intend to achieve an
employment outcome are presumed eligible for vocational
rehabilitation services. State vocational rehabilitation
agencies may rebut this presumption and deny such individuals
services the same way they can deny services to any other
individual coming to their doors--i.e., in the case in which an
individual does not expect to work or by demonstrating with
clear and convincing evidence that the individual cannot
benefit in terms of an employment outcome from vocational
rehabilitation services. It is not the committee's intent to
create an entitlement for individuals receiving SSI or SSDI
benefits. Rather, in light of their obvious and likely
pronounced disabilities, it is the committee's intent to
encourage State vocational rehabilitation agencies to provide
individuals receiving SSI or SSDI benefits, the services they
plainly need. It is the committee's hope that by streamlining
this portion of the eligibility process, State rehabilitation
agencies will save time and money in assisting individuals
receiving SSI or SSDI benefits.
S. 1579 eliminates the requirement for an extended
evaluation prior to a determination of ineligibility. The
committee bill requires instead that State vocational
rehabilitation agencies to explore individuals' abilities to
perform in real work situations before concluding that an
individual is incapable of benefitting from vocational
rehabilitation services. This may be done through trial work
experiences including supported employment, on-the-job
training, or other experiences using realistic work settings.
The trial work experiences must be of sufficient length and
variety to demonstrate the existence of clear and convincing
evidence that an individual cannot benefit from vocational
rehabilitation services due to the severity of his or her
disability. Although use of extended evaluation is no longer
specified, it is not the committee's intent to preclude a State
agency from using this method in circumstances in which the
real work test is impossible or when the State vocational
rehabilitation agency has exhausted other options without a
determination.
The committee changes the term ``individual with a severe
disability'' and ``individual with a most severe disability''
to an ``individual with a significant disability'' and
``individual with a most significant disability'',
respectively. These new terms, which are preferred by many in
the disability community, do not signify a change in meaning
from the corresponding terms in current law.
The committee amends the definition of ``supported
employment''. It is the committee's intention that supported
employment be available to individuals with the most
significant disabilities who are placed in competitive work in
integrated work settings, as well as to individuals with the
most significant disabilities who are working in integrated
work settings toward a goal of competitive work. The amended
definition of ``supported employment'' is not meant to diminish
the basic intent of the supported employment model: to provide
employment opportunities in the competitive, integrated labor
market for individuals with the most significant disabilities.
By revising the current definition of ``supported employment'',
the committee acknowledges that many individuals with the most
significant disabilities can achieve competitive work in
integrated work settings but may need additional services and
supports in order to reach that important goal.
Finally, although not identified as a definition in section
7, the term ``integrated setting'' as referenced throughout the
statute, is intended to mean a work setting in a typical labor
market site where people with disabilities engage in typical
daily work patterns with co-workers who do not have
disabilities; and where workers with disabilities are not
congregated. It is the committee's intent that this definition
include telecommuting or other home-based or self-employment.
The committee links (or makes consistent) administrative
and reporting requirements in the Rehabilitation Act with those
in WIPA. For example, the bill requires that reports submitted
by State vocational rehabilitation agencies to the
Rehabilitation Services Administration include information
about the employment status of individuals assisted, that to
the maximum extent appropriate, is the same as information
required in WIPA. In addition, the bill includes an amendment
requiring the Information Clearinghouse, in information it
disseminates, to provide information and data regarding the
location, provision, and availability of services and programs
for individuals with disabilities, including such information
provided by statewide workforce partnerships established under
WIPA. It is the committee's intent that these links further its
goal of coordinating States' generic workforce systems with
States' vocational rehabilitation systems.
The bill also adds a new provision requiring the
Commissioner of the Rehabilitation Administration to conduct
studies and analyses to identify exemplary practices concerning
vocational rehabilitation. Such studies are to address:
providing informed choice in the rehabilitation process,
promoting consumer satisfaction, promoting job placement and
retention, providing supported employment, providing services
to particular disability populations, financing personal
assistance services, providing assistive technology devices and
assistive technology services, entering into cooperative
agreements, establishing standards and certification for
community rehabilitation programs, converting from
nonintegrated to integrated employment, and providing caseload
management.
It is the committee's intent that funds allocated to
evaluation activities be directed primarily to identifying and
disseminating information about what works well, and away from
identifying, defining, or redefining problems connected to the
employment and independence of individuals with disabilities.
It is the committee's intent that the section (16), which
precludes the use of allotted funds for any purpose other than
those provided for in the Rehabilitation Act, be interpreted
literally. Although it is the committee's intent to fulfill the
need of this legislation to help create a seamless job training
system, it must be emphasized that its funding may not be
diluted or diverted to other purposes in doing so.
Title I--Vocational Rehabilitation Services
Part A--General Provisions
State Plan
Through S. 1579 the committee streamlines the
administration of the State vocational rehabilitation program.
The committee specifies that a State is required to submit a
State plan, containing information about vocational
rehabilitation services, policies, procedures, or descriptions,
only once. That provision applies to information that has been
previously submitted to the Commissioner of the Rehabilitation
Services Administration and that demonstrates that the State
meets the requirements of title I of the Act, including any
policies, procedures, or descriptions submitted under the title
as in effect on the day before the effective date of the
Rehabilitation Act Amendments of 1998. The bill specifies that
a State's plan shall remain in effect, subject to the
submission of such modifications as the State determines to be
necessary or as the Commissioner may require, based on a change
in State policy, a change in Federal law (including
regulations), an interpretation of the Act by a Federal court
or the highest court of the State, or a finding by the
Commissioner of State noncompliance with the requirements of
the Act, until the State submits and receives approval of a new
State plan. It is the committee's intent that this streamlining
will reduce costs and save time.
It is the committee's intent that the changes to the
provisions regarding ``order of selection'' not affect its
basic premise; i.e., when a State rehabilitation agency cannot
afford to serve all its eligible individuals, to provide
vocational rehabilitation services to those individuals meeting
a State's definition of ``individual with a most significant
disability'' first. It is the committee's intent that the
amended portion of this section provide eligible individuals,
who do not meet the order of selection criteria, with access to
services provided through an expanded information and referral
system implemented under section 101(a)(20)(B) of the Act. The
committee feels that by giving States additional flexibility
with regard to assistance they should or could provide
individuals with disabilities, who do not meet State criteria
for access to the full range of vocational rehabilitation
services, more individuals with disabilities will secure
employment.
The committee encourages the establishment of parallel
personnel standards in public and private rehabilitation
programs. Therefore, to the extent private providers of
vocational rehabilitation services use personnel who do not
meet the highest requirements in the State applicable to a
particular profession or discipline, private providers must
take steps to ensure the retraining or hiring of personnel who
do meet a State's professional standards. It is the committee's
hope that this will result in more individuals with
disabilities receiving appropriate, effective, and timely
assistance from a greater number of more qualified personnel.
The committee intends to streamline and simplify
requirements related to personnel of State vocational
rehabilitation agencies and therefore deletes States'
obligations to provide 5-year projections on personnel needs
and data on graduates from institutions of higher education and
includes a revised comprehensive system of personnel
development.
The comprehensive system of personnel development was
initially included as part of the Rehabilitation Act Amendments
of 1992 to address the need for qualified vocational
rehabilitation personnel. The requirement that qualified
vocational rehabilitation counselors and other staff meet
standards that are consistent with national or State
certification, licensure, or registration requirements is a
critical aspect of the comprehensive system of personnel
development.
The committee recognizes that additional resources may be
needed to assist existing staff in meeting certification,
licensure, or registration standards that are the highest in
the State for each profession. That is why the committee
shifted funding for inservice training for State vocational
rehabilitation agency staff from title III to title I of the
Act. The committee intends that the provisions that transfer
this activity, and its related funding, ensure inflationary
increases in the funds available to State vocational
rehabilitation agencies for administering their comprehensive
systems of personnel development. The set-aside does not
preclude a State from expending additional title I funds
(Federal or State match) to support necessary training or other
aspects of the comprehensive system of personnel development.
The committee is pleased that the Administration supports
the committee's intent to move the in-service training
requirements and their funding from section 302 to section 110
of the Act. The President's fiscal year 1999 request for the
training program is $33,685,000. The request shifts $5,944,000
to title I for in-service training. The fiscal year 1998
appropriation for the training program is $39,629,000.
The committee intends that the standards adopted by a State
under a comprehensive system for personnel development shall
not discriminate on the basis of disability with regard to
training and hiring. This committee firmly believes that
professional certification standards that have the effect of
limiting the participation of individuals with disabilities in
the profession or discipline to which the standards apply must
not be allowed.
The committee intends to: consolidate reporting
requirements to save time and resources, allow the use of
sampling to reduce costs, and ensure reporting that parallels
that required under WIPA to permit comparisons on employment
outcomes for all individuals and more effectively link the two
job training systems.
It is the committee's intent that no residence requirement
be imposed on individuals seeking to receive services from a
State vocational rehabilitation program. The requirement for an
individual to be present in the State in order to be determined
eligible to receive services should not be interpreted in any
way to circumvent an individual's choice of an out-of-state
service provider. With regard to such out-of-state placements,
the committee intends that the requirement ``to be present in
the State'' be imposed at the time of eligibility determination
and not be used as a means of denying the continuation of
services which are being provided in an out-of-state setting.
This interpretation is necessary to ensure the continuation of
services since referral to another State agency will in no way
ensure such continuation of services.
The Act requires an annual review and reevaluation of the
status of each individual with a disability served under title
I, who has achieved an employment outcome either in an extended
employment setting, in a community rehabilitation program, or
any other employment under section 14(c) of the Fair Labor
Standards Act (29 U.S.C. 214(c)) for 2 years after the
achievement of the outcome (and annually thereafter if
requested by the individual or, if appropriate, the
individual's representative). This evaluation is to determine
the interests, priorities, and needs of the individual with
respect to competitive employment or training for competitive
employment.
The committee is concerned that the required annual review
of individuals placed in extended employment or other
employment under wage certificates have been conducted in a
rather superficial manner in the past. The committee views this
statutory provision as critically important to ensuring that
individuals with significant disabilities progress to jobs in
the competitive integrated job market. To this end, the
committee intends that these reviews not be merely paper
exercises or discussions with staff at the community
rehabilitation program at which the individual is employed. The
reviews must be conducted in such a manner to ensure
appropriate involvement of the individual or the individual's
representative. In addition, the review must be supported by
adequate documentation, including a signed acknowledgment from
the individual or the individual's representative.
The committee intends that a State not use any funds made
available under title I of the Act for the construction of
facilities. The committee strongly contends that the need to
spend Federal funds through the Rehabilitation Act on
construction has long since passed.
Unlike current law which specified a 1.5% minimum, the bill
authorizes the State to determine the amount it will reserve
for innovation and expansion activities. Nevertheless, States
are required to reserve funds sufficient to support effective
expansion activities and to provide the full amount of
resources necessary for the State Rehabilitation Councils and
the State Independent Living Councils to carry out their
responsibilities. The amount of support reserved for the
Councils should be consistent with the resource plans developed
by the State Rehabilitation Council under section 105(d) and by
the Statewide Independent Living Council under section 705(e).
The committee hopes State vocational rehabilitation agencies
to, at a minimum, maintain funding for the Councils at the same
level established for fiscal year 1998 plus the amount
necessary to enable the Councils to carry out any additional
responsibilities assigned under this bill.
Simplifying current law, the committee now requires State
vocational rehabilitation agencies to submit to the
Commissioner reports containing annual updates of the
information required in the Act in section 101(a)(7) (relating
to a comprehensive system of personnel development) and any
other updates of the information required under section 101
that are requested by the Commissioner, annual reports as
provided in section 101(a)(15) (relating to assessments,
estimates, goals and priorities, and reports of progress) and
section 101(a)(18) (relating to innovation and expansion), at
such time and in such manner as the Secretary may determine to
be appropriate. The committee intends this simplification to
further streamline administrative requirements under Act
freeing State vocational rehabilitation agencies to spend more
resources on assistance for individuals with disabilities.
Cooperative Agreements and Comparable Benefits
The committee intends the State vocational rehabilitation
agency to determine whether comparable services and benefits
are available under another program (other than a program
carried out under title I of the Act), before providing
services to an individual, unless such a determination would
interrupt or delay the progress of the individual toward
achieving the employment outcome identified in the individual's
individualized rehabilitation employment plan or would
interrupt or delay the provision of such service to any
individual at extreme medical risk.
To facilitate the payment of comparable benefits, the
committee intends that State vocational rehabilitation agencies
enter into appropriate agreements or contracts with other
public entities. Such agreements are to include the following:
a description of a public entity's financial responsibility for
providing services, which shall precede the financial
responsibility of the designated State unit (especially with
regard to the provision of auxiliary aids and services);
information specifying the conditions, terms, and procedures
under which a designated State unit pursues and obtains
reimbursement from other public agencies; information
specifying procedures for resolving interagency disputes;
information specifying policies and procedures for agencies to
identify responsibilities of each agency to ensure the timely
delivery of vocational rehabilitation services.
The committee bases its intent on an established public
policy that the State vocational rehabilitation agency be the
payor of last resort. This assures that more funds will be
available to more individuals with disabilities while also
assuring that other agencies and organizations live up to their
obligations to individuals with disabilities. For example, it
is the committee's intent that other public entities meet their
obligation to provide services and benefits otherwise required
of them by the Americans with Disabilities Act.
The committee also clarifies that comparable benefits do
not include awards and scholarships based on merit. The
committee feels that individuals with disabilities, who achieve
financial awards based on merit, should not have such awards
used as basis to reduce publicly-funded assistance to achieve
an employment outcome.
The committee clarifies conditions under which State
vocational rehabilitation personnel may serve students with
disabilities, and obligates State vocational rehabilitation
agencies to enter into cooperative agreements with Independent
Living Councils, Independent Living Centers, and recipients of
grants for services to American Indians.
In addition to interagency agreements and contracts dealing
with comparable benefits, the committee expects interagency
coordination between any appropriate public entity, including a
component of the statewide workforce investment system, and the
vocational rehabilitation agency. It is the committee's intent
that these agreements, contracts, and other mechanisms further
the public policy of making the State vocational rehabilitation
agency the payor of last resort. Because there are so many
individuals in need of vocational rehabilitation services,
every dollar must be spent as wisely and practically as
possible. Looking to other State and Federal agencies that are
both required and capable of providing needed services will
help achieve that goal. Such agreements must ensure the
provision of vocational rehabilitation services that are
included in the individualized rehabilitation employment plan.
This includes services provided during the pendency of any
dispute between entities over which entity could or should
cover the cost of vocational rehabilitation services.
These cooperative agreements may take any form or address
any topic, but the committee intends for these agreements to
facilitate more communication, understanding, cooperation, and
to prevent more individuals from falling through the gaps
between the systems. Therefore, these agreements are intended
to address interagency staff training, the provision of similar
intake procedures, shared data bases regarding job opening and
labor market information, and cooperative measures between the
State rehabilitation agency and the State education agency.
Regarding the dissemination of labor market information,
the committee includes a reference to nonvisual electronic
networks to ensure that information access needs of blind and
visually impaired individuals are addressed in the development
and dissemination of employment and training services by
electronic means. The use of systems which convert electronic
text into synthesized speech for access by telephone is one
promising approach now possible with state-of-the-art
technology. The committee believes that systems such as this
can be used effectively and will help to provide both nonvisual
and universal access to important information about
opportunities and resources.
With regard to the provision of transition services for
students with disabilities, the committee encourages State
vocational rehabilitation agencies to assist schools in
identifying transition services as part of the development of
the individualized education program (IEP) for those children
who are receiving services under the Individuals with
Disabilities Education Act. The committee intends that State
vocational rehabilitation agencies may also participate in the
cost of transition services for any student with a disability
so long as those students have been determined eligible to
receive vocational rehabilitation services under title I of the
Rehabilitation Act. The committee believes that the extent to
which the State vocational rehabilitation agency and
educational agency personnel work together in planning for a
student's transition following school, developing the
individualized education program as it relates to transition,
or in providing transition services is to be determined at the
State or local level and reflected in an interagency agreement
to which the State vocational rehabilitation agency and, at a
minimum, the State educational agency are parties.
Regarding cooperative agreements between the State
vocational rehabilitation agencies and the State education
officials, the committee intends these activities to facilitate
the transition of secondary school students with disabilities
from school to post school activities. With regard to
transition planning for students with disabilities, the
committee believes strongly that transition planning should be
construed as a constellation of activities designed to assist
students with disabilities to plan for their post school years.
Appropriate activities include community career exploration,
functional vocational assessment, career counseling,
acquisition of independent living skills, use and aquisition of
assistive technology, participation in IEP meetings, and
similar activities. Furthermore, the committee intends that
formal interagency agreements between State vocational
rehabilitation agencies and education officials identify their
respective roles and responsibilities, including financial
responsibilities, with regard to transition planning. Finally,
for the purpose of cooperating in transition planning for
students with disabilities, the committee views, as a matter of
State discretion, whether State vocational rehabilitation
agency requires formal application, determination of
eligibility, or development of an individualized rehabilitation
employment plan prior to participating in individual transition
planning activities.
It is the committee's intent that public institutions of
higher education meet their responsibilities under section 504
of this Act and the Americans with Disabilities Act by
providing necessary auxiliary aids and services for individuals
with disabilities who attend these institutions. The purpose of
cooperative agreement or other mechanisms is to promote
effective coordination between the State vocational
rehabilitation agencies and other agencies, including
institutions of higher education, ensuring that individuals,
who are eligible for vocational rehabilitation services from or
through a State vocational rehabilitation agency, receive
appropriate support services in a timely manner.
The committee gives States maximum flexibility in complying
with this provision. It specifies that the Chief Executive
Officer of a State or other appropriate official may meet the
requirements associated with agreements or other mechanisms
through a State statute or regulation; a signed agreement
between the respective agency officials that clearly identifies
the responsibilities of each agency relating to the provision
of services; or another appropriate method, as determined by
the designated State unit.
The committee intends that the combined effect of
cooperative agreements and the provision of comparable benefits
will be, that over time, State vocational rehabilitation agency
personnel will be able to more easily and quickly secure
vocational rehabilitation services for eligible individuals
with disabilities who seek an employment outcome by using funds
and services from multiple sources as well as agency funds and
agency-sponsored services.
Strengthening Partnerships
The committee recognizes the need for the disability
community in a State to play a significant role in ensuring
that the vocational rehabilitation program operates
effectively. Therefore, the committee, in several respects,
significantly strengthens the role of the State Rehabilitation
Council (formerly named the State Rehabilitation Advisory
Council) in developing policies, planning activities,
evaluating program effectiveness, and carrying out other
functions related to the vocational rehabilitation program. The
committee bill requires that the Council, in conjunction with
the State vocational rehabilitation agency, jointly conduct the
comprehensive needs assessment of individuals with disabilities
in the State, develop (and agree to) the State's annual goals
and priorities in carrying out the vocational rehabilitation
program, and evaluate the State's performance relative to its
goals on an annual basis. Additional sections of the S. 1579,
including sections 101(a)(21) and 105 of the Act, build upon
the existing Council role by specifying its broad
responsibilities to assist the State vocational rehabilitation
agency in, for example, developing all portions of the State
plan and amendments thereto, as well policies, procedures, and
reports related to the vocational rehabilitation program.
Through the bill the committee recognizes that the Council's
role in some States is not purely advisory and in other States
is evolving to reflect a true partnership between the Council
and the State vocational rehabilitation agency in ensuring that
individuals with disabilities receive appropriate, timely, and
effective vocational rehabilitation services.
Choice
This bill adds a requirement that the State plan include an
assurance that applicants or eligible individuals or, as
appropriate, the applicants' representatives or individuals'
representatives, will be provided information and support
services to assist the applicants or individuals in exercising
informed choice throughout the rehabilitation process,
consistent with the provisions of section 102(d) of the Act.
The committee intends for vocational rehabilitation
consumers to have an expanded role in the decisions regarding
their job training. The committee endorses the increased
independence of individuals with disabilities and to that end
intends to remove from the Act processes that reinforce or
promote paternalism. The committee believes a consumer-driven
program is most effective in getting people jobs and therefore
intends to offer through S. 1579 increased opportunities for
informed consumer choices related to job training and
placements.
Information and Referral Services
The committee expands upon current regulations by expressly
authorizing State vocational rehabilitation agencies to
establish an expanded program of information and referral
services for eligible individuals not being served under a
State's order of selection. Section 101(a)(5) of the Act
requires that individuals be provided access to information and
referral services, which may include vocational exploration,
assistance in securing reasonable accommodations, or other
services specified in section 101(a)(20)(B).
The committee intends to increase State flexibility with
regarding information and referral services. To the extent that
such services are not purchased by the State vocational
rehabilitation agency, the bill gives States discretion to
provide individualized counseling and guidance, individualized
vocational exploration, supervised job placement referrals, and
assistance in securing reasonable accommodations for eligible
individuals who do not meet the State's order of selection
criteria.
The committee does not intend the establishment of an
expanded program to affect the State vocational rehabilitation
agency's obligation to provide vocational rehabilitation
services under an individualized rehabilitation employment plan
to those eligible individuals who do meet the State's specific
order of selection priority categories. Moreover, the committee
expects that services authorized under the expanded program
must be provided by staff, or supported by other resources, of
the State vocational rehabilitation agency and cannot be
purchased from third-party sources. As an example,
individualized vocational exploration might be provided through
a self-paced computerized job search and job skill matching
program or through consultation with a vocational
rehabilitation counselor. In addition, assistance in securing
reasonable accommodations could be accomplished through the use
of the Job Accommodation Network.
The committee is fully and unequivocally committed to
assisting States aid individuals with disabilities to secure
employment. By allowing a State, at its discretion, to provide
specific forms of assistance to individuals who do not meet the
States order of selection (if a State is under an order of
selection), the committee helps meet this goal. The specific
forms of assistance listed in the bill give a State and
individuals it aids the opportunity to share information that
can lead to a fully implemented individualized rehabilitation
employment plan. If a State wishes to document such
individualized assistance, beyond what is reuired under section
101(a)(10)(C)(ii)(I), for each individual it helps, through
these specific individualized forms of assistance, the
committee agrees that the State should do so and submit this
data, if it elects to do so, to the Rehabilitation Services
Administration.
Electronic and Information Technology Accessibility Guidelines
The committee bill requires the State vocational
rehabilitation agency assure that the State, and any recipient
or subrecipient of funds made available to the State, under
title I of the Act, will comply with the requirements of
section 508 of the Act, including the regulations established
under that section; and will coordinate efforts to comply with
section 508 and will adopt grievance procedures that
incorporate due process standards and provide for the prompt
and equitable resolution of complaints concerning such
requirements. The committee intends this new requirement to
further the purposes of the revised section 508, to provide
individuals with disabilities with greater access to electronic
information.
Eligibility and Individualized Rehabilitation Employment Plan (IREP)
S. 1579 streamlines and clarifies provisions in current law
pertaining to eligibility and the IREP; strengthens the
guidance on informed choice; and in the due process provisions,
adds voluntary mediation, amends the review of hearing
officers' decisions, expands access to due process, and
clarifies what vocational rehabilitation services are to
continue when an individual files a complaint or resolution of
a complaint is pending. The committee intends these changes to
provide easier access to State vocational rehabilitation
services, preserve State resources, and emphasize the
committee's commitment to strengthening consumer choice.
The bill specifies that an individual is eligible for
assistance under title I of the Act, if the individual has a
disability as defined in section 7(20)(A) and requires
vocational rehabilitation services to prepare for, secure,
retain, or regain employment.
An individual is presumed to be able to benefit in terms of
an employment outcome from vocational rehabilitation services,
unless the State vocational rehabilitation agency can
demonstrate by clear and convincing evidence that the
individual is incapable of benefiting in terms of an employment
outcome due to the severity of the individual's disability. In
making the demonstration, the designated State unit shall
explore the individual's abilities, capabilities, and capacity
to perform in work situations, through the use of trial work
experiences, as described in section 7(2)(D). The State
vocational rehabilitation agency must provide appropriate
supports, except under limited circumstances when an individual
cannot take advantage of such experiences.
The committee bill adds that an individual who has a
disability or is blind pursuant to title II or title XVI of the
Social Security Act (42 U.S.C. 401 et seq. and 1381 et seq.) is
presumed to be eligible for vocational rehabilitation services
under title I of the Act, provided that the individual intends
to achieve an employment outcome consistent with the unique
strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice of the individual,
unless the designated State unit involved can demonstrate by
clear and convincing evidence that such individual is incapable
of benefiting in terms of an employment outcome from vocational
rehabilitation services due to the severity of the disability
of the individual.
This provision recognizes that Social Security Disability
Insurance beneficiaries (SSDI) and Supplemental Security Income
recipients (SSI) are, by virtue of the stringent criteria
applied by the Social Security Administration in making
disability determinations, among the most significantly
disabled individuals who apply for vocational rehabilitation
services. Making SSI and SSDI recipients presumptively eligible
for vocational rehabilitation services, therefore, will enable
designated State agencies to expedite necessary services to
such persons without expending time and resources on
unnecessarily duplicative determinations related to
eligibility.
As indicated above, the provision also states that a Social
Security disability beneficiary is presumed eligible for
vocational rehabilitation services ``provided the individual
intends to achieve an employment outcome consistent with the
unique strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice of the
individual.'' By this statement the committee intends to
clarify that, for SSDI and SSI recipients, vocational
rehabilitation services are provided for purposes of assisting
eligible individuals, to prepare for, secure, retain, or regain
employment. Thus, an SSDI or SSI recipient who applies for
vocational rehabilitation services from a State vocational
rehabilitation agency and intends on becoming employed, or
retaining or regaining employment, is eligible to receive VR
services.
The committee does not intend for presumptive eligibility
create an entitlement to vocational rehabilitation services. As
with any applicant, a State vocational rehabilitation agency
can find a SSDI or SSI recipient ineligible for VR services if
it can demonstrate by clear and convincing evidence that the
severity of the individual's disability prohibits the
individual from benefitting from vocational rehabilitation
services.
Although an SSDI or SSI recipient is considered an
``individual with a significant disability'' (under
102(a)(3)(A)), presumptive eligibility for vocational
rehabilitation services does not entitle the individual to
priority for services over other individuals with significant
disabilities in a State operating under an order of selection
under section 101(a)(5). The committee intends this presumptive
eligibility be used solely to increase efficiency and
facilitate the provision of timely work-related services for
individuals who already have been determined to have a
significant disability that affects their ability to work.
For purposes of determining eligibility of an individual
for vocational rehabilitation services under title I of the Act
and developing the IREP, the State vocational rehabilitation
agency shall use information that is existing and current,
including information available from other programs and
providers; particularly information used by education officials
and the Social Security Administration, and provided by the
individual and the individual's family.
Determinations made by officials of other agencies,
particularly education officials, regarding whether an
individual satisfies one or more factors relating to whether an
individual has a disability as defined in section 7(20)(A) or
has a significant disability as defined in section 7(21)(A),
shall be used in assisting the designated State unit in making
such determinations.
The committee intends these changes to again underscore its
desire to make the vocational rehabilitation system more
accessible and user-friendly. Furthermore, the changes will
allow State agencies to save time and money in making
eligibility determinations.
If an individual who applies for services under this title
is determined ineligible for services, or if an eligible
individual receiving services under an IREP is determined to be
no longer eligible for services, the ineligibility
determination must only be made after providing an opportunity
for full consultation with the individual or the individual's
representative. The individual or the individual's
representative shall be informed in writing (supplemented as
necessary by other appropriate modes of communication
consistent with the informed choice of the individual) of the
ineligibility determination, including the reasons for the
determination and a description of the means by which the
individual may seek a remedy for any dissatisfaction with the
determination. The individual must be provided with a
description of services available from the Client Assistance
Program under section 112 of the Act and information on how to
contact that program. Any ineligibility determination based on
a finding that the individual is incapable of benefiting in
terms of an employment outcome shall be reviewed within 12
months, and annually thereafter, if such a review is requested
by the individual or, if appropriate, by the individual's
representative.
The designated State unit must determine whether an
individual is eligible for vocational rehabilitation services
under this title within a reasonable period of time, not to
exceed 60 days, after the individual has submitted an
application for the services unless exceptional and unforeseen
circumstances beyond the control of the designated State unit
preclude making an eligibility determination within 60 days and
the designated State unit and the individual agree to a
specific extension of time or the designated State unit is
exploring an individual's abilities and capacities to perform
in work situations.
S. 1579 specifies that if an individual is determined
eligible for vocational rehabilitation services, the designated
State unit shall complete the assessment of vocational
rehabilitation needs, as appropriate, and shall provide the
individual or the individual's representative, in writing and
in an appropriate mode of communication, with information on
the individual's options for developing an IREP, including: (a)
information on the availability of assistance, to the extent
determined to be appropriate by the eligible individual, from a
qualified vocational rehabilitation counselor in developing all
or part of the IREP, and the availability of technical
assistance in developing all or part of the IREP; (b) a
description of the full range of components included in an
IREP; (c) as appropriate, an explanation of agency guidelines
and criteria associated with financial commitments concerning
an IREP; (d) additional required information or information the
designated State unit determines to be necessary; (e)
information on the availability of assistance in completing
designated State agency forms; and (f) a description of the
rights and remedies available to the individual including, if
appropriate, legal recourse and a description of the
availability of a Client Assistance Program.
S. 1579 specifies mandatory procedures for an IREP: (a) a
written document prepared on forms provided by the designated
State unit; (b) developed and implemented in a manner that
affords eligible individuals the opportunity to exercise
informed choice in selecting an employment outcome, specific
vocational rehabilitation and job training services, the entity
to provide these services, and the methods used to procure the
services; (c) agreed to, and signed by, the individual or the
individual's representative and approved and signed by a
qualified vocational rehabilitation counselor; (d) reviewed at
least annually by a qualified vocational rehabilitation
counselor; and the eligible individual or, as appropriate, the
individual's representative; and amended, as necessary.
The committee also specifies mandatory components that,
regardless of the approach selected by an eligible individual
to develop an IREP, must be contained in an IREP. They are: (a)
a description of the individual's specific employment outcome
and, to the maximum extent appropriate, results in employment
in an integrated setting; (b) a description of the specific
vocational rehabilitation services needed to achieve the
employment outcome; (c) a description of the entity chosen to
provide the vocational rehabilitation services, and description
of the methods used to procure the services; (d) a description
of the criteria to be used to evaluate progress toward
achievement of the individual's employment outcome; (e) the
terms and conditions of the IREP, including, as appropriate,
information describing the responsibilities of the designated
State unit, the individual's responsibilities of the eligible
individual in paying for the costs of the plan, the
individual's responsibility with regard to applying for and
securing comparable benefits as described in section 101(a)(8),
and the responsibilities of other entities as the result of
arrangements made pursuant to comparable services or benefits
requirements; (f) for an individual for whom a supported
employment setting has been determined appropriate, information
identifying the extended services needed by the eligible
individual; and the source of extended services or, to the
extent that the source of the extended services cannot be
identified, a description of the basis for concluding that
there is a reasonable expectation that such source will become
available; and (g) a statement of projected need for post-
employment services.
Many vocational rehabilitation consumers have expressed the
need for greater choice and involvement in developing their
service plans. Section 102(b) affords eligible individuals the
ability to determine the extent to which the State vocational
rehabilitation agency shall assist in the development of the
individual's individualized rehabilitation employment plan. In
addition, the State vocational rehabilitation agencies must
provide their consumers with information on the availability of
technical assistance in developing all or part of their plans.
Although the plan's effect is conditioned on the approval and
signature of both the eligible individual and a qualified State
vocational rehabilitation counselor, the committee intends
these requirements to empower individuals with disabilities to
have greater control in developing a plan to address their
unique needs. The committee intends that, in many instances,
counselors will serve more as facilitators of plan development
than they did in the past.
Due Process Procedures
S. 1579 requires that each State establish procedures for
mediation. The bill also requires State vocational
rehabilitation agencies to establish administrative review
procedures.
These procedures shall provide that an applicant or an
eligible individual or, as appropriate, the applicant's
representative or individual's representative must be notified
of the right to an review by an impartial hearing officer; the
right to mediation; the availability of assistance from the
Client Assistance Program. These notifications shall be
provided in writing at the time an individual applies for
vocational rehabilitation services; at the time the
individualized rehabilitation employment plan for the
individual is developed; and upon reduction, suspension, or
cessation of vocational rehabilitation services for the
individual.
If an individual (applicant or eligible individual) elects
either mediation or impartial hearing to resolve his or her
dispute with a State vocational rehabilitation agency, the
individual is entitled to submit evidence and information to
support his or her position and to be represented.
The committee believes that mediation is an equitable,
economical, and speedy way of resolving disputes. By adding
mediation to the law, the committee intends to promote
mediation as an effective means to resolve disputes. The
committee requires mediation to be voluntary on the part of the
parties, not be used to deny or delay the right of an
individual's right to a hearing, or deny any other right
afforded under title I; and be conducted by a qualified and
impartial mediator trained in effective mediation techniques.
The State must maintain a list of individuals who are
qualified mediators, knowledgeable in laws (including
regulations) relating to the provision of vocational
rehabilitation services. The State bears the cost of the
mediation process. Each session in the mediation process shall
be scheduled in a timely manner and shall be held in a location
that is convenient to the parties to the dispute. An agreement
reached by the parties to the dispute in the mediation process
shall be set forth in a written mediation agreement.
Discussions that occur during the mediation process shall be
confidential and may not be used as evidence in any subsequent
due process hearing or civil proceeding. The parties to the
mediation process may be required to sign a confidentiality
pledge prior to the commencement of such process. Parties are
not precluded from informally resolving the dispute prior to
initiating any proceedings, as long as the informal process is
not used to deny or delay the individual's right to a hearing
or to deny any other right afforded under title I of the Act.
The committee intends to reshape the formal dispute
resolution process to ensure due process. These amendments
require hearings to be conducted by impartial hearing officer
who issues a decision based on the provisions of the approved
State plan, the Act (including regulations implementing the
Act), and State regulations and policies that are consistent
with the Federal requirements specified in title I. The officer
provides the decision in writing to both parties in a dispute.
A State may establish procedures to enable a party to seek
an impartial review of hearing officer's decision by a State
official outside of the vocational rehabilitation agency. The
committee feels that the ability of the State Director of
Vocational Rehabilitation to review and over turn a hearing
officer's decision, as in current law, represents a conflict of
interest. Therefore, S. 1579 ensures that any review of an
impartial hearing officer's decision will be conducted by a
non-interested party. The committee does not require States to
establish a process for such reviews. If a State elects not to
have an outside administrative review process, all appeals of
hearing officers' decisions will simply be referred to the
appropriate civil court.
Furthermore, the committee intends that unless the
individual with a disability so requests it, pending a decision
by a mediator, hearing officer, or reviewing officer, the
designated State unit shall not suspend, reduce, or terminate
any services being provided to the individual, including
evaluation, vocational assessment, and plan development
services. The State vocational rehabilitation agency may only
suspend services if they were obtained through
misrepresentation, fraud, collusion, or criminal conduct on the
part of the individual, or the individual's representative.
Informed Choice
The committee intends that all eligible individuals be able
to exercise informed choice throughout the vocational
rehabilitation process. To assure that vocational
rehabilitation consumers have greater consumer choice, the
committee requires State vocational rehabilitation agencies to:
(a) inform each such applicant and eligible individual
(including students with disabilities who are making the
transition from educational agency programs to vocational
rehabilitation programs), through appropriate modes of
communication, about 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, throughout the vocational
rehabilitation process; (b) assist applicants and eligible
individuals in exercising informed choice in decisions related
to the provision of assessment services under title I of the
Act; (c) 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; (d) to provide or assist
eligible individuals in acquiring information that enables them
to exercise informed choice in selecting an employment outcome,
the specific vocational rehabilitation services needed to
achieve the employment outcome, the entity that will provide
the services, the employment setting and the settings in which
the services will be provided, and the methods available for
procuring the services; and (e) ensure that the availability
and scope of informed choice provided under this section is
consistent with the obligations of the designated State
vocational rehabilitation agency.
Vocational Rehabilitation Services
S. 1579 restates the provisions of the Act pertaining to
``Vocational Rehabilitation Services'' with amendments that add
references to the individualized rehabilitation employment plan
(IREP), employment outcome, informed choice, and training in
the use of transportation services and systems; as well as
clarifications.
In adding transportation training to the scope of
vocational rehabilitation services, the committee recognizes
the importance of the availability of transportation in an
individual's achieving an employment outcome. To that end, the
committee strongly urges the Secretary of Education and other
appropriate Secretaries, including the Secretary of the
Department of Transportation, through existing coordinating
bodies or other mechanisms, to develop guidelines for State and
local planning to achieve specific transportation coordination
objectives, including but not limited to: identification of the
transportation needs of individuals with disability served by
or through vocational rehabilitation agencies and the
appropriate mix of services to meet those needs; the expanded
use of public transit services by such individuals; and cost-
sharing arrangements among appropriate entities in establishing
improved transportation services available to such individuals.
The committee also addresses interpreters. In determining
whether interpreters are sufficiently qualified, States may
employ the standard specified in the regulations implementing
titles II and III of the Americans with Disabilities Act (ADA)
in which ``qualified interpreter'' is defined as ``an
interpreter who is able to interpret effectively, accurately,
and impartially both receptively and expressively, using any
necessary specialized vocabulary.''
The committee bill, in section 103(b) of the Act, specifies
that vocational rehabilitation services provided for the
benefit of groups of individuals with disabilities may also
include the following: (a) In the case of any type of small
business operated by individuals with significant disabilities
the operation of which can be improved by management services
and supervision provided by the designated State agency, the
provision of such services and supervision, along or together
with the acquisition by the designated State agency of vending
facilities or other equipment and initial stocks and supplies.
(b) The establishment, development, or improvement of community
rehabilitation programs, that promise to contribute
substantially to the rehabilitation of a group of individuals
but that are not related directly to the individualized
rehabilitation employment plan of any 1 individual with a
disability. Such programs shall be used to provide services
that promote integration and competitive employment. (c) The
use of telecommunications systems (including telephone,
television, satellite, radio, and other similar systems) that
have the potential for substantially improving delivery methods
of activities described in this section and developing
appropriate programming to meet the particular needs of
individuals with disabilities. (d) Special services to provide
nonvisual access to information for individuals who are blind,
including the use of telecommunications, Braille, sound
recordings, or other appropriate media; captioned television,
films, or video cassettes for individuals who are deaf or hard
of hearing; tactile materials for individuals who are deaf-
blind; and other special services that provide information
through tactile, vibratory, auditory, and visual media. (e)
Technical assistance and support services to businesses that
are not subject to title I of the Americans with Disabilities
Act of 1990 and that are seeking to employ individuals with
disabilities. (f) Consultative and technical assistance
services to assist educational agencies in planning for the
transition of students with disabilities from school to post-
school activities, including employment. Regarding special
services providing nonvisual access to information, the
committee intends that these services be available to anyone
who cannot easily retrieve information from computer terminals.
These services should include access to information about job
opportunities via the telephone.
State Rehabilitation Council
The committee makes selected amendments to provisions
affecting State Rehabilitation Councils. Regarding Council
membership the committee: (a) adds at least one representative
from the statewide workforce investment partnership; and, if
funded in the State, a representative from a project funded
under section 121; and one representative of the State
educational agency responsible for the education of students
with disabilities under part B of the Individuals with
Disabilities Education Act; (b) allows a Council to have fewer
than 15 members if it was in existence prior to the 1992
amendments to the Act; (c) clarifies that the Director of the
designated State unit is a nonvoting member of the Council; (d)
adds a requirement that the appointing authority, to the
greatest extent practicable, consider the extent to which
minority populations are represented on the Council; (e) allows
the Governor to delegate to the Council the authority to fill
vacancies on the Council; and (f) removes the time limit on
appointments for certain the Council members.
In adding clarifications concerning Council membership, the
committee amendments specify that the representative of the
Client Assistance Program, and if the State has one, the
representative from the American Indian Project funded under
part C, are excepted from the prohibition against Council
members serving more than two consecutive terms. This
clarification was made in recognition of limited size of staff
associated with many of such programs and projects and the
value of continuity in representation given the unique
functions of these programs and projects.
The committee was urged to assign the same exception status
to the director of a State's parent information and training
center. The committee did not do so. Such centers have
employees, sponsors, parents assisted by the center, and
volunteers, most of whom are parents or strong advocates for
children with disabilities. By requiring parent center
representation to rotate on the State Rehabilitation Council,
as is required of most Council members, the committee believes
that such rotation will bring vitality and diversity to the
council with regard to the needs of children with disabilities
who some day may need vocational rehabilitation services.
Regarding Council functions, the committee amends current
law by: (a) clarifying that the Council analyze and advise the
designated State unit regarding its performance helping
individuals with disabilities in achieving employment outcomes;
(b) specifying that, in partnership with the designated State
unit, the Council must develop and review State goals and
priorities, evaluate the effectiveness of the vocational
rehabilitation program, and submit reports of progress to the
Commissioner of the Rehabilitation Service Administration; (c)
clarifying that the Council advises the designated State agency
and the designated State unit regarding authorized activities,
and assists in the preparation of the State plan and amendments
to the plan, applications, reports, needs assessments, and
evaluations; (d) simplifying the scope of the Council's
analysis of the State vocational rehabilitation program's
effectiveness and consumer satisfaction with the State
vocational rehabilitation program, and requiring the Council
address individuals' employment outcomes and the availability
of health and other employment benefits in connection with such
employment outcomes; and (e) clarifying the Council's functions
related to coordination with other entities. The committee
intends these amendments to further its goal of creating a
consumer-oriented and consumer-driven vocational rehabilitation
system.
Evaluation Standards and Performance Indicators
S. 1579 amends the Act pertaining to ``Evaluation Standards
and Performance Indicators'' by requiring the Commissioner to:
(a) (no later than September 30, 1998) establish and publish
evaluation standards and performance indicators; (b) review
and, if necessary, revise the evaluation standards and
performance indicators every 3 years (Any revisions of the
standards and indicators 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
revisions of the standards and indicators shall be subject to
the publication, review, and comment.); (c) effective July 1,
1999, to the maximum extent practicable, make the standards and
indicators consistent with the core indicators of performance
established under WIPA; and (d) beginning in fiscal year 1999,
include in each annual report to Congress, an analysis of
program performance, including relative State performance,
based on the standards and indicators.
Part B--State Allotments
The committee adjusts the reservation of funds for part C
projects concerning vocational rehabilitation services to
American Indians, allowing it to range from \3/4\ of 1 percent
to 1.5 percent of the total amount of all States' allotments in
fiscal year 1998, and to range from one percent to 1.5 percent
of the total amount of all States' allotments in fiscal years
1999 through 2004. The committee intends this change to send a
clear signal that, in order to more effectively provide funding
for vocational rehabilitation services to American Indians with
disabilities, funding should increase and be more predictable.
Payment to States
The committee eliminates the requirement to develop a
strategic plan and prohibits using title I funds for
construction. These limited changes to section 111 streamline
administration and focus the use dollars on vocational
rehabilitation services.
Client Assistance Program
S. 1579 amends the Client Assistance Program (CAP) by: (a)
requiring that if, after the date of enactment of the
Rehabilitation Act Amendments of 1998, a designated State
agency undergoes any change in its organizational structure
that results in the creation of 1 or more new State agencies or
results in the merger of the designated State agency with 1 or
more other State agencies or departments and one of the
agencies within the designated State agency was conducting a
client assistance program before the change, the Governor shall
redesignate an agency independent of the designated State
agency to adminster the CAP; (b) allowing increases in minimum
allotments (not to exceed the percentage increase from one
fiscal year to the next) as appropriations increase; and (c)
requiring that each CAP have policies and procedures to assure
that, to the maximum extent possible, alternative means of
dispute resolution are available at the discretion of an
applicant or client prior to resorting to litigation to resolve
a dispute; and (d) defining the term ``alternative means of
dispute resolution to mean any procedure, including good faith
negotiation, conciliation, facilitation, mediation, fact
finding, and arbitration, and any combination of procedures,
that is used in lieu of litigation in a court or formal
adjudication in an administrative forum, to resolve a dispute.
Innovation and Expansion Grants
Part C in current law was repealed. The committee intends
this deletion to help streamline the administration of the
vocational rehabilitation program.
Part C--American Indian Vocational Rehabilitation Services
The committee amends this part (part D in current law) by
requiring grants not exceed 60 months in duration. The addition
gives the Rehabilitation Services Administration flexibility in
making decisions about the duration of individual grants, but
also allows for long-term grants that will contribute to the
stability and effectiveness of services.
Part D--Vocational Rehabilitation Services Client Information
(relettered as part D rather than part E in current law)
The committee updates current law relating to ``data
sharing'' by adding provisions that specify that: (a) the
Secretary of Education and the Secretary of Health and Human
Services enter into a memorandum of understanding for the
purposes of exchanging data; (b) the Secretary of Labor
provides the Commissioner with labor market information that
facilitates evaluation of the program carried out under part B
of the Act, and allows the Commissioner to compare the progress
of individuals with disabilities who are assisted under the
program in securing, retaining, regaining, and advancing in
employment with the progress made by individuals who are
assisted under title III of WIPA; (c) for purposes of the
exchange pertaining to the Secretaries of Education and Health
and Human Services, the data pertaining to the Social Security
Administration's Summary Earnings and Records and Master
Beneficiary Records are not considered return information (as
defined in section 6103(b)(2) of the Internal Revenue Code of
1986); and (d) the confidentiality of all client information
shall be maintained by the Rehabilitation Services
Administration and the Social Security Administration.
Title II--Research and Training
The committee adds to the purposes of this title and
intends to: require a comprehensive and coordinated approach to
research, demonstration projects, training, and to ensure that
it comports with the 5-year plan developed under section
202(h); amends the transfer of rehabilitation technology to
individuals with disabilities through research and
demonstration projects strengthens dissemination requirements;
and adds an obligation to identify effective strategies that
enhance opportunities to engage in employment, employment
involving telecommuting, and self-employment.
It is the committee's intent that information and findings
from work funded by the Institute be effectively disseminated
so that information is accessible to the public, especially
individual researchers, educators, rehabilitation
practitioners, individuals with disabilities, and their
families. The committee recommends that this information be
provided and made readily available in a manner appropriate for
audiences with diverse communication needs.
The committee understands that the broad mission of the
National Institute on Disability and Rehabilitation Research
(the Institute) creates challenges and stresses for the
Institute. With the scope of its mission being so broad, it has
raised expectations among diverse audiences about what it
should or could fund. With the skewed latitude given the
Director of the Institute, funding decisions related to minor
competitions are wide open, whereas funding related to major
competitions is often predisposed toward current awardee. The
committee intends to bring more fairness, balance, cohesion,
coherence, public scrutiny, and public and Congressional
acceptance of the Institute's funding priorities through the
amendments associated with section 202(h). The other amendments
to section 202 of the Act update and clarify its authority so
that the Institute will be more easily able to address
important, emerging issues.
The committee (a) clarifies that the Institute is
authorized to fund training projects; (b) amends the education
program of the Institute to include the dissemination of
engineering information associated with assistive technology
devices; (c) in conducting conferences, seminars, and
workshops, includes information about advances in the selection
and use of assistive technology devices and assistive
technology services; and (d) adds that the Institute conduct
research to examine the relationship between the provision of
specific services and successful, sustained employment
outcomes, including employment outcomes involving self-
employment.
Consumer-Driven Information Needs Related to Assistive Technology
S. 1579 adds a new paragraph (c) to section 202 of the Act,
mandating that the Institute provide for consumer-driven
information needs related to assistive technology and assistive
technology services through funding for the development and
dissemination of models that include: (a) convening groups of
individuals with disabilities, family members and advocates of
such individuals, commercial producers of assistive technology,
and entities funded by the Institute to develop, assess, and
disseminate knowledge about information needs related to
assistive technology; (b) identifying the types of information
regarding assistive technology devices and assistive technology
services that individuals with disabilities find especially
useful; (c) evaluating current models, and developing new
models, for transmitting information to consumers and to
commercial producers of assistive technology, and (d)
disseminating through 1 or more entities funded by the
Institute, the models and information to consumers described
above and commercial producers of assistive technology.
The committee recognizes that individuals with disabilities
lack access to uniform, useful information about assistive
technology devices and services that permit individuals to make
comparisons and informed decisions about devices and services.
The committee strongly urges the Institute to assume a
leadership role in promoting the identification, use, and
acceptance of uniform information about common devices and
services. The committee is not suggesting that the Institute
contemplate or set standards for devices and services, but
working with individuals with disabilities who use and need
devices and services, identify categories of information that
should be provided on common devices and services. For example,
there is certain vital information worth knowing about battery
packs for electric wheelchairs, such as, cost, time between
charges, weight, and models of chair for which they can be
used.
Standing Peer Review Panels
The committee amends the portions of the Act pertaining to
the review of applications for funding that specify: (a) The
Director shall provide for the review by using, to the maximum
extent possible, appropriate peer review panels established
within the Institute. The panels shall be standing panels if
the grant period or the duration of the program involved is not
more than 3 years. The panels shall be composed of individuals
who are not Federal employees, who are scientists or other
experts in the rehabilitation field, including knowledgeable
individuals with disabilities, and who are competent to review
applications for the financial assistance. (b) The Director
shall solicit nominations for such panels from the public and
shall publish the names of the individuals selected.
Individuals comprising each panel shall be selected from a pool
of qualified individuals to facilitate knowledgeable, cost-
effective review. (c) And in providing for such scientific peer
review, the Secretary shall provide for training, as necessary
and appropriate, to facilitate the effective participation of
those individuals selected to participate in such review.
Five-Year Plan for Funding Priorities
The committee amends section 202 of the Act by tying all
funding to a five-year plan. The Director is required to: (a)
by October 1, 1998 and every fifth October 1 thereafter,
prepare and publish in the Federal Register a draft of a 5-year
plan that outlines priorities for rehabilitation research,
demonstration projects, training, and related activities, and
explains the basis for such priorities; (b) by June 1, 1999,
and every fifth June 1 thereafter, after considering public
comments, submit the plan in final form to the appropriate
committees of Congress; (c) at appropriate intervals, prepare
and submit revisions in the plan to the appropriate committees
of Congress; and (d) annually prepare and submit progress
reports on the plan to the appropriate committees of Congress.
New Grant Initiatives
The committee amends section 204 of the Act by authorizing
research grants related to quality assurance in the area of
rehabilitation technology. Activities to be carried out under
this research program may include: (a) the development of
methodologies to evaluate rehabilitation technology products
and services and the dissemination of the methodologies to
consumers and other interested parties; (b) identification of
models for service provider training and evaluation and
certification of the effectiveness of the models; (c)
identification and dissemination of outcome measurement models
for the assessment of rehabilitation technology products and
services; and (d) development and testing of research-based
tools to enhance consumer decision making about rehabilitation
technology products and services.
The committee requires the Director to develop the quality
assurance research program after consultation with
representatives of all types of organizations interested in
rehabilitation technology quality assurance. Individuals with
disabilities who use assistive technology devices and services
indicate that they rely a great deal on other users as sources
of information on the dependability, durability, safety, and
value of devices and services. The committee believes strongly
that the Institute has a special imperative to take quality
assurance from where it is now--``word of mouth''--to a
credible, accessible set of tools, strategies, and guidelines
that allows individuals with disabilities and their families to
make intelligent choices about assistive technology devices and
services. Without such a commitment from the Institute, the
committee believes public and private dollars will be misspent
and opportunities to be more independent and productive will be
lost.
The committee also authorizes research grants that explore
the use and effectiveness of specific alternative or
complementary medical practices for individuals with
disabilities. Such grants may include activities designed to:
(a) determine the use of specific alternative or complementary
medical practices among individuals with disabilities and the
perceived effectiveness of the practices; (b) determine the
specific information sources, decision making methods, and
methods of payment used by individuals with disabilities who
access alternative or complementary medical services; (c)
develop criteria to screen and assess the validity of research
studies of such practices for individuals with disabilities;
and (d) determine the effectiveness of specific alternative or
complementary medical practices that show promise for promoting
increased functioning, prevention of secondary disabilities, or
other positive outcomes for individuals with certain types of
disabilities, by conducting controlled research studies.
The committee believes that the popularity and potential of
alternative and complementary medical practices suggest that
these forms of alternative therapies should be explored as they
apply to people with disabilities. Thirty-four percent of
Americans have used ``nonconventional'' medical therapies,
making 425 million visits to alternative practitioners. This
number exceeds those made to primary care physicians. Of a
total $13.7 billion spent for unconventional treatments, $10.3
billion was paid for by the individual seeking treatment.
The Office of Alternative Medicine at the National
Institutes of Health was established to explore the potential
of unconventional medical practices, however, disability-
specific research is needed to determine the use of alternative
and complementary practices by people with disabilities and to
determine the effectiveness of different practices on the
functioning of people with specific types of disabilities.
Additionally, the access of alternative approaches to people
with disabilities needs to be explored in terms of informed
choice and ability to access such alternatives. By clarifying
the Institute's authority in this area, the committee believes
that important information about the effectiveness of
alternative therapies on physical functioning, stamina, stress
and pain reduction, as well as in other areas of inquiry, will
become more readily available to individuals with disabilities,
expanding their choices and contributing to their levels of
independence.
Title III--Professional Development and Special Projects and
Demonstrations
The bill amends title III of the Act by streamlining,
clarifying, and updating discretionary grant activities. The
committee took into account the importance and potential of the
full range of authority in current law, initiatives currently
authorized in title VIII, which are repealed by this bill, and
the need for the Department of Education to conduct
competitions and make awards authorized under this title in a
timely manner.
The committee amends the purposes of this title by
requiring grants and contracts to: (a) provide academic
training to ensure that skilled personnel to provide services
to individuals with disabilities through vocational, medical,
social, and psychological rehabilitation programs (including
supported employment programs), through independent living
services programs, and through Client Assistance Programs; and
provide training to maintain and upgrade basic skills and
knowledge of personnel employed to provide state-of-the-art
service delivery and rehabilitation technology services; (b)
conduct special projects and demonstrations that expand and
improve the provision of rehabilitation services, or that
otherwise further the purposes of this Act, including related
research and evaluation; (c) provide vocational rehabilitation
services to individuals with disabilities who are migrant or
seasonal farm workers; (d) initiate recreational programs to
provide activities and related experiences for individuals with
disabilities to aid in employment, mobility, socialization,
independence, and community integration; and (e) provide
training and information to individuals with disabilities and
other individuals to develop the skills necessary for
individuals with disabilities to gain access to the
rehabilitation system and workforce investment system and to
become active decision makers in the rehabilitation process.
The committee intends amendments to the training provisions
in the Act to streamline the administration of this
discretionary program, making decisions and notifications about
funding more timely. The committee specifies that the
Commissioner shall make grants to, and enter into contracts
with, States and public or nonprofit agencies and organizations
(including institutions of higher education) to pay part of the
cost of projects to provide training, traineeships, and related
activities, including the provision of technical assistance,
designed to increase the numbers of, and upgrading the skills
of, qualified personnel (especially rehabilitation counselors)
who are trained to provide vocational, medical, social, and
psychological rehabilitation services.
The committee intends that grants and contracts may be
expended for scholarships and may include necessary stipends
and allowances.
One of the most important ways State workforce systems
funded under WIPA and state vocational rehabilitation agencies
will be to work together effectively will be through
interagency coordination and training. Regarding training for
statewide workforce systems personnel, the committee intends
the Commissioner to make grants to and enter into contracts
with States and public or nonprofit agencies and organizations,
including institutions of higher education, to furnish training
to personnel providing services to individuals with
disabilities under WIPA.
Personnel may be trained: (a) in evaluative skills to
determine whether an individual with a disability may be served
by the State vocational rehabilitation program or another
component of the statewide workforce investment system or (b)
to assist individuals with disabilities seeking assistance
through one-stop customer service centers established under
WIPA. Such training may be jointly funded with the Department
of Labor, using funds made available under title III of WIPA.
The committee intends for grants and contracts for academic
degrees and academic certificate granting training projects to
provide more qualified rehabilitation counselors and service
providers. The committee amendments facilitates this end, while
streamlining the administration of the training program.
The committee bill authorizes funding for training grants
as such sums as necessary from fiscal years 1998 through 2004.
Special Demonstrations
The committee amends the authority to fund special
demonstrations. The committee intends that the Commissioner may
award grants or contracts to eligible entities to pay all or
part of the cost of programs that expand and improve the
provision of rehabilitation and other services authorized under
this Act or that further the purposes of the Act. The committee
specifies that: to be eligible to receive a grant or contract
under section 303(a), an entity must be a State vocational
rehabilitation agency, community rehabilitation program, Indian
tribe or tribal organization, other public or nonprofit agency
or a for profit organization.
Special demonstrations that may be funded are: (a) special
projects and demonstrations of service delivery; (b) model
demonstration projects; (c) technical assistance projects; (d)
systems change projects; (e) special studies and evaluations;
and (f) dissemination and utilization activities.
In announcing priorities for competitions for grants and
contracts, the committee specifies that the Commissioner shall
give priority consideration to: (a) projects that provide
training, information, and technical assistance that will
enable individuals with disabilities, to participate more
effectively in meeting the vocational, independent living, and
rehabilitation needs of the individuals with disabilities; (b)
special projects and demonstration programs of service delivery
for adults who are either low-functioning and deaf or low-
functioning and hard of hearing; (c) innovative methods of
promoting consumer choice in the rehabilitation process; (d)
supported employment, including community-based supported
employment programs to meet the needs of individuals with a
most significant disability or to provide technical assistance
to States and community organizations to improve and expand the
provision of supported employment services; and (e) model
transitional planning services for youths with disabilities.
Eligible applicants for grants and contracts include: (a)
Parent Training and Information Centers funded under the
Individuals with Disabilities Education Act; (b) organizations
that meet the definition of a parent organization in section
682 of IDEA; and (c) private nonprofit organizations assisting
parent training and information centers. Grant and contract
recipients shall, to the extent practicable, coordinate
training and information activities with Centers for
Independent Living.
With regard to additional competitions, the committee
intends that, in announcing competitions for grants and
contracts under this section, the Commissioner may require that
applicants address 1 or more of the following: age ranges;
types of disabilities; types of services; models of service
delivery; stage of the rehabilitation process; the needs of
underserved populations; unserved and underserved areas;
individuals with significant disabilities; low-incidence
disability populations; individuals residing in Federally
designated empowerment zones and enterprise communities;
expansion of employment opportunities for individuals with
disabilities; projects to promote meaningful access of
individual with disabilities to employment related services
under the WIPA and under other Federal laws; innovative methods
of promoting the achievement of high-quality employment
outcomes; the demonstration of the effectiveness of early
intervention activities in improving employment outcomes; and
alternative methods of providing affordable transportation
services to individuals with disabilities who are employed,
seeking employment, or receiving vocational rehabilitation
services from public or private organizations and who reside in
geographic areas in which public transportation or paratransit
service is not available.
With regard to continuation awards, the committee intends
that the Commissioner may use funds for continuation awards for
projects that were funded under sections 12 and 311 (as such
sections were in effect on the day prior to the date of the
enactment of the Rehabilitation Act Amendments of 1998).
Section 306 of the Act as amended by this bill specifies
that the Commissioner may require that recipients of grants
under title III of the Act as amended by this bill submit
information, including data, as determined by the Commissioner
to be necessary to measure project outcomes and performance,
including any data needed to comply with the Government
Performance and Results Act.
Title IV--National Council on Disability (NCD)
The committee restates current law, but with amendments
that: (a) with regard to staffing, in section 403(a)(1) of the
Act, add to the authority of the Chairperson of the NCD by
allowing the Chairperson to remove an executive director
without regard to laws pertaining to Federal employment and in
section 403(a)(2) of the Act, remove the cap on the number of
staff NCD may employee; (b) with regard to money or property,
in section 403(b)(2)(B) of the Act, add that NCD may solicit
money or property; and (c) with regard to investment of NCD
assets, in section 403(d) of the Act, add that the Secretary of
the Treasury is to invest assets not required for operation of
NCD.
Title V--Rights and Advocacy
Section 508 requires each Federal agency to procure,
maintain, and use electronic and information technology that
allows individuals with disabilities the same access to
information technology as individuals without disabilities. The
Access Board is required to issue regulations establishing the
performance criteria necessary to implement the requirements of
this section. However, the committee intends that agency
compliance with section 508 begin upon enactment of the
Rehabilitation Act Amendments of 1998. In order to ensure
immediate agency compliance with section 508, the committee
directs the Federal Acquisition Regulations Council, the Office
of Management and Budget, and other Federal agencies, upon
enactment of this bill, to modify procurement policies and
directives, as appropriate, to reflect the requirements of
section 508. The committee directs the Executive Branch to
disseminate information to all Federal employees and customers
regarding the requirements in section 508, including the right
for an individual to file a complaint against an agency. The
committee intends that this information be posted on each
agency's website.
Agencies must assess their compliance with section 508 and
report their findings to the Access Board. The committee
intends for the Access Board to provide guidance to assist
agencies in conducting their assessments. The committee
believes that the ``Requirements for Accessible Software''
developed by the Department of Education should be used by the
Access Board as one standard against which agencies could
measure their performance in the area of software.
Protection and Advocacy
The committee amends section 509 to: (a) Require, for any
fiscal year in which the amount appropriated to carry out
section 509 equals or exceeds $10,500,000, the Commissioner to
reserve and use a portion of the allotment to make a grant to
the eligible system serving the American Indian consortium. The
grant must not be less than $50,000 for the fiscal year. (b)
Provide minimum allotments to systems under subsection (c)(5),
under subsection (c)(3)(B), to systems within States under
subsection (c)(4)(B). The allotments to the remaining systems
within States must be proportionally reduced, with necessary
adjustments to prevent the allotment of any remaining system
being reduced to less than the minimum allotment.
The committee authorizes funding for section 509 at such
sums as may be necessary from fiscal year 1998 through fiscal
year 2004.
Title VI--Employment Opportunities for Individuals with Disabilities
Part A--Projects in Telecommuting and Self-Employment for Individuals
with Disabilities.
The committee, believing that the law needs to encourage
independence and autonomy for individuals with disabilities,
authorizes funding for two new types of projects: projects in
telecommuting and self-employment for individuals with
disabilities.
The committee believes that it is in the best interest of
the United States to identify and promote increased employment
opportunities for individuals with disabilities. Telecommuting
is one of the most rapidly expanding forms of employment. In
1990 there were 4,000,000 telecommuters and that number rose to
11,100,000 in 1997. It is in the best interest of the United
States to ensure that individuals with disabilities have access
to telecommuting employment opportunities. It has been
estimated that 10 percent of individuals with disabilities, who
are unemployed, could benefit from telecommuting opportunities.
It is in the interest of employers to recognize that
individuals with disabilities are excellent candidates for
telecommuting employment opportunities. Individuals with
disabilities, especially those living in rural areas, often do
not have access to accessible transportation, and in such cases
telecommuting presents an excellent opportunity for the
employment of such individuals. (e) It is in the best interests
of economic development agencies, venture capitalists, and
financial institutions for the Federal Government to
demonstrate that individuals with disabilities, who wish to
become or who are self-employed, can meet the criteria for
assistance, investment of capital, and business that other
entrepreneurs meet.
The committee intends to promote opportunities for
individuals with disabilities to secure, retain, regain, or
advance in employment involving telecommuting; gain access to
employment opportunities; and demonstrate their abilities,
capabilities, interests, and preferences regarding employment
in positions that are increasingly being offered to individuals
in the workplace; and promote opportunities for individuals
with disabilities to engage in self-employment enterprises that
permit these individuals to achieve significant levels of
independence, participate in and contribute to the life of
their communities, and offer employment opportunities to
others.
The committee intends that to be eligible for a
telecommuting grant, contract, or cooperative agreement, an
entity must either be a Project With Industry, a designated
State agency, a statewide workforce investment partnership or
local workforce investment partnership, a public educational
agency, a training institution (including an institution of
higher education), a private organization, or a public or
private employer. A successful applicant must have 3 or more
years of experience in assisting individuals with disabilities
in securing, retaining, regaining, or advancing in employment
and demonstrate the capacity to secure full and part time
employment involving telecommuting.
The committee intends to promote and encourage self-
employment for individuals with disabilities. To be eligible to
receive funding for a self-employment project and entity must
be a financial institution, an economic development agency, a
venture capitalist, an entity carrying out a Project With
Industry, a designated State agency or other public entity, or
a private organization. These organizations must demonstrate
the capacity to assist clients to successfully engage in self-
employment enterprises.
Part B--Projects with Industry (PWI)
In an effort to create a more seamless and cooperative
system PWIs now have access to and use of labor market
information identified by local workforce partnerships. The
committee intends for PWIs to be permitted to provide training
or job placement services and PWIs may now make eligibility
determinations so long as they comport with both Federal and
State statutes and guidelines.
Part C--Supported Employment Services for Individuals with Significant
Disabilities
The committee intends to continue the support for
individuals with significant disabilities to achieve the
employment outcome of supported employment. The committee
requires that, under this part, States must include an
assurance in their State plans that comprehensive assessments
(funded under title I) of individuals with significant
disabilities include consideration of supported employment as
an appropriate employment outcome.
Title VII--Independent Living Services and Centers for Independent
Living
Chapter 1, Individuals with Significant Disabilities
Part A--General Provisions
The committee adds at least one representative of the
directors of projects serving American Indians with
disabilities to State Independent Living Councils. The
committee intends this addition to give American Indians
greater representation and influence on a State's Independent
Living Council
It is the recommendation of the committee that appointments
to the Statewide Independent Living Council be made in a timely
manner by the Governor or the appropriate entity within the
State responsible for making Statewide Independent Living
Council appointments so that the Council may adequately and
effectively perform its duties. The committee recommends that
appointments should be filled within sixty days of the
development of the Statewide Independent Living Council.
It is also the recommendation of the committee that
vacancies on a Statewide Independent Living Councils be filled
in a timely manner so that the Council may adequately and
effectively perform its duties. The committee recommends that
vacancies should be filled within a sixty day period upon the
position becoming vacant.
Part B--Independent Living Services
The committee intends to clarify the means by which minimum
allotments are adjusted for inflation.
Part C--Centers for Independent Living
The committee intends to clarify the means by which minimum
allotments are adjusted for inflation; specify that the
Commissioner shall award grants to any eligible agency that has
been awarded a grant under part C by September 30, 1997 unless
the Commissioner makes a finding that the agency involved fails
to meet program and fiscal standards and assurances set forth
in section 725 of the Act; specify that the Commissioner awards
grants to any eligible agency that has been awarded a grant
under part C by September 30, 1997 unless the Commissioner
makes a finding that the agency involved fails to meet program
and fiscal standards and assurances set forth in section 725 of
the Act; specify that Centers operated by State vocational
rehabilitation agencies that received assistance for fiscal
year 1993 with respect to a center (as in effect on the day
before the date of enactment of the Rehabilitation Act
Amendments of 1998) may continue to receive assistance under
this part for fiscal year 1994 or a succeeding fiscal year if,
for such fiscal year if the conditions in section 724(1) and
(2) of the Act are met; and extend the authorization of
appropriations for part C, chapter 1 of title VII of the Act
from fiscal year 1998 through fiscal year 2004 such sums as may
be necessary.
Miscellaneous Amendments Of The Bill Not Related To The Rehabilitation
Act
Helen Keller National Center Act (HKNCA)
The committee amends section 205(a) of the HKNCA, extending
the authorization of appropriations for the Act from fiscal
year 1998 through fiscal year 2004. It also extends the
authority for the endowment from fiscal year 1998 through
fiscal year 2004 and adds a new section requiring the
establishment of a national registry of individuals who are
deaf-blind with a separate authorization of appropriations for
the registry that extends from fiscal year 1998 through fiscal
year 2004.
The committee believes that a national database on deaf-
blind individuals is essential to understanding the scope and
nature of the deaf-blind population in America, and to better
serve that population. Currently, under the Individuals with
Disabilities Education Act (IDEA), the Federal child count
includes deaf-blind children under the age of twenty-two. There
is no register of individuals beyond that age. A cooperative
agreement for the vocational rehabilitation of individuals who
are deaf-blind provides the framework for collaborative efforts
at the Federal,
State, and local levels for vocational rehabilitation
services. New reporting codes for deaf-blindness were
instituted by the Rehabilitation Services Administration
several years ago. These codes established for the first time
that deaf-blindness is a distinct disability group requiring
its own treatment/service modalities. Many deaf-blind
individuals are served through State offices of mental
retardation and developmental disabilities, or through nursing
homes or long-term care facilities.
One of the great obstacles facing providers of services to
deaf-blind individuals is that the population is so
heterogeneous: A deaf-blind person may have a college degree,
or may be without formal communication skills. Each individual,
therefore, has special needs, and often accesses entirely
different service systems. It is impossible to plan services
for people who are deaf-blind until it is determined who they
are, where they live, and what they need. The Helen Keller
National Center is the only comprehensive national service,
training, and research organization serving deaf-blind
citizens. It is appropriate that HKNC have the authority to
establish and maintain a registry of deaf-blind individuals.
The President's Committee on Employment of Individuals with
Disabilities
The committee gives the President's Committee on Employment
of Individuals with Disabilities the authority to solicit money
and property. [The authorization for the Committee is found in
section 2(2) of the Joint Resolution entitled ``Joint
Resolution authorizing an appropriation for the work of the
President's Committee on National Employ the Physically
Handicapped Week'', approved July 11, 1949 (36 U.S.C.
155b(2)).]
V. Cost Estimate
Congressional Budget Office,
U.S. Congress,
Washington, DC, February 26, 1998.
Hon. James M. Jeffords,
Chairman,
Committee on Labor and Human Resources,
U.S. Senate,
Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1579, the
Rehabilitation Act Amendments of 1998.
If you wish further details on this estimate, we will be
pleased to provide them.
The CBO staff contact is Deborah Kalcevic.
Sincerely,
June E. O'Neill,
Director.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
S. 1579--Rehabilitation Act Amendments of 1998
Summary: S. 1579 would amend the Rehabilitation Act (VRA)
of 1973 by reauthorizing several existing programs that cost
over $2.5 billion a year and altering the authorizing language
for many of these grant programs. The bill would not
reauthorize other programs that are currently unfunded.
Although the major programs under the VRA expire in 1999, the
Deficit Control Act requires that baseline spending projections
assume extension of any mandatory program with outlays
exceeding $50 million (if that program was enacted before
August 5, 1997). Consequently, the extensions of authorizations
for VRA programs would not have any impact on pay-as-you-go
budgetary procedures. The relatively modest changes to the VRA,
which could have pay-as-you-go effects, would have an
insignificant impact on direct federal spending.
The bill also would authorize appropriations for new
programs totaling $10 million for fiscal year 1998 and such
sums as necessary for 1999 through 2004. Under the General
Education Provisions Act (GEPA), which provides an automatic
one-year extension of the authorization for all programs of the
Department of Education, these authorizations would be extended
through 2005. In addition, the bill would reauthorize the Helen
Keller National Center Act, which expires at the end of fiscal
year 1998. Costs for this program are projected to be about $8
million a year. Finally, S. 1579 would eliminate authorizations
for programs funded through Title VIII of the VRA, which
currently are authorized through 1998. Title VIII programs are
considered discretionary spending and are currently funded at
about $2 million a year.
Authorizations for discretionary appropriations under S.
1579 would total $114 million for fiscal years 1998-2003,
assuming adjustments for inflation. If funding for these
programs is projected at 1998 levels without adjustments for
inflation, authorizations over the 1998-2003 period would total
$105 million.
S. 1579 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act of 1995
(UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1579 is shown in the table below.
The costs of this legislation fall within budget function
500 (education, training, employment, and social services).
Basis of estimate
Spending Subject to Appropriation
For new programs, CBO used the stated authorization amount
for fiscal year 1998 as the basis for projecting costs for
those years for which amounts are not specified. We projected
such spending both with and without adjustments for inflation.
Similarly, for existing programs with ``such sums''
authorizations, we used the 1998
appropriation as the basis for projecting future funding
levels. Estimated outlays assume current spending patterns.
Vocational Rehabilitation Act. While the bulk of programs
authorized by the VRA are deemed to be direct spending, some
VRA programs, including the National Council on Disability and
programs authorized under Title VIII, are considered
discretionary spending. In addition, spending authorized by any
amendments to the VRA is classified as discretionary.
The bill would amend Title VI-A of the VRA to create a new
grant program that would fund projects in telecommuting and
self-employment for individuals with disabilities. The bill
would authorize the appropriation of $10 million in fiscal year
1998, and such sums as may be necessary through fiscal year
2004 for this new grant program. After accounting for the GEPA
extension, this new program would be authorized through 2005.
In addition, S. 1579 would eliminate the existing authorization
for community service employment pilot programs, which are not
currently funded.
The authorization for the National Council on Disability
expires at the end of fiscal year 1998. S. 1579 would extend
the ``such sums'' authorization of the council through 2004.
The council has been funded at about $2 million annually for
the past several years.
Finally, S. 1579 would not extend authorizations for
programs now authorized in Title VIII of the VRA. Although
Title VIII currently authorizes several discretionary grant
programs, they are funded at just $2 million for fiscal year
1998, and are not authorized beyond that year.
Helen Keller National Center Act. The current authorization
for the Helen Keller National Center Act expires at the end of
1998. S. 1579 would extend the ``such sums'' authorization for
the center through 2005, including the GEPA extension.
The center is funded in the Rehabilitation Services and
Disability Research budget account and, thus, currently is
classified as direct spending. However, unlike the VRA grant
programs, this program is not included in the current baseline
spending projections after 1998 because the Deficit Control Act
stipulates that direct spending programs of less than $50
million shall not be included in the baseline projections past
their expiration dates. This bill would reauthorize the center,
and under existing budget practices, it would be reclassified
as a discretionary program. The center received funding of $8
million in 1998.
The bill would authorize additional appropriations for the
center to maintain a national registry of individuals who are
deaf-blind. CBO estimates that the costs of this registry would
be negligible.
Direct Spending
S. 1579 would extend the ``such sums'' authorizations for
existing programs under the VRA. The bill also would eliminate
the authorizations of several unfunded programs. Most of the
existing programs are funded in the Rehabilitation Services and
Disability budget account, which is currently classified as
direct spending.
Most of the grant programs under the VRA are currently
authorized at ``such sums as may be necessary'' through 1998.
There are, however, two exceptions: the authorization for the
basic state grant program expires at the end of 1999 (assuming
the GEPA extension), and the improvement and evaluation grants
are permanently authorized.
S. 1579 would extend the authorization for the basic state
grant program through 2006 including the GEPA extension. The
estimated budget authority for basic grants is the previous
year's appropriation adjusted for inflation. The basic state
grant program received a total of $2.25 billion in 1998.
For the client assistance grants under Title I and all the
grants under Titles II through VII for which the authorization
expires at the end of 1998, S. 1579 extends those ``such sums''
authorizations through 2005, including the GEPA extension. In
1998, these grant programs received appropriations totaling
$296 million.
S. 1579 would authorize the National Council on Disability
to solicit and accept monetary and non-monetary gifts ad to use
any such gifts to further its programs. The proceeds of such
gifts would be invested in interest-bearing obligations of the
United States. Because donations are uncommon in other
instances when agencies have this authority, CBO has not
estimated any significant direct spending effects from this
provision.
Pay-as-you-go considerations: Section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 sets up pay-
as-you-go procedures for legislation affecting direct spending
or receipts. While S. 1579 would affect both direct spending
and receipts, it would not result in any significant change in
either outlays or receipts in fiscal years 1998 through 2003
relative to CBO's baseline projections.
Intergovernmental and private-sector impact: S. 1759
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act of 1995. The bill
would reauthorize federal programs that provide grants to
states for comprehensive vocational rehabilitation services
designed to help individuals with physical and mental
disabilities. In fiscal year 1998, states received
approximately $2.4 billion in grants from programs reauthorized
in the bill. CBO estimates that under S. 1579 such grants would
total $2.5 billion in fiscal year 1999.
Previous CBO estimate: On May 8, 1997, CBO provided an
estimate for H.R. 1385, the Employment, Training and Literary
Enhancement Act of 1997. Division B of this bill dealt with
authorization of VRA programs. Although S. 1579 and H.R. 1385
differ, their budgetary effects with regards to the VRA are
similar.
Estimate prepared by: Federal Cost: Paul Cullinan, Deborah
Kalcevic, Justin Latus, and Christina Hawley Sadoti. Impact on
State, Local, and Tribal Governments: Marc Nicole. Impact on
the Private Sector: Theresa Devine.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
VI. APPLICATION OF LAW TO THE LEGISLATIVE BRANCH
Section 102(b)(3) of Public Law 104-1, the Congressional
Accountability Act (CAA), requires a description of the
application of this bill to the legislative branch. S. 1579
amends the Rehabilitation Act of 1973 by improving access to
vocational rehabilitation services, increasing access to
employment opportunities, and streamlining administrative and
discretionary program requirements. Other than requirements
that the Rehabilitation Services Administration and the
National Institute on Disability and Rehabilitation Research
submit certain reports to appropriate authorizing committees of
Congress and the National Council on Disability advise Congress
on Federal disability policy, there are no provisions that
reference or apply to the legislative branch.
VII. Regulatory Impact Statement
The committee has determined that there will be no increase
in the regulatory burden imposed by this bill.
VIII. Section-by-Section Analysis
SECTION 1. Short Title.
This section of the bill cites the title of this Act, ``the
Rehabilitation Act Amendments of 1998''.
SECTION 2. Title.
This section of the bill amends the current title to add
links between this Act and the Workforce Investment Partnership
Act of 1998 (WIPA).
SECTION 3. General Provisions.
This section strikes the sections preceding title I and
inserts the following new/revised sections:
Section 1. Short Title; Table of Contents.
This section provides the short title, the ``Rehabilitation
Act of 1973'' and restates the current table of contents with
amendments.
Section 2. Findings, Purpose, and Policy.
This section describes the reasons and justifications for
this Act and adds links to the Workforce Investment Partnership
Act. (In the section pertaining to ``Policy'' the bill uses the
term ``individual's representative'' to mean any representative
chosen by the eligible individual or other individual with a
disability, including a parent, guardian, other family member,
or advocate; or if a representative or legal guardian has been
appointed by a court to represent the eligible individual or
other individual with a disability, the court-appointed
representative or legal guardian.)
Section 3. Rehabilitative Services Administration.
This section provides administrative guidelines. It
restates, without amendment, sections 3, 4, and 5 as they
existed prior to this Act.
Section 4. Advance Funding.
This section addresses appropriations procedures.
Section 5. Joint Funding.
This section addresses the status of funds contributed to
one Federal agency by another or others. The principal agency
involved may be designated to act for all those contributing
and if the primary agency is the Rehabilitation Services
Administration, it may waive any grant or contract requirement
that is inconsistent with any of the entity's administering
requirements.
Section 6. Deleted.
Section 7. Definitions.
This section provides the meanings of certain terms used in
this Act, clarifies the meanings of certain terms, deletes
certain terms, and alphabetizes the definitions.
Section 8. Allotment Percentage.
This section addresses how the percent of the Federal
allotment to the States as well as the percent of the Federal
allotment to the District of Columbia and US territories are to
be determined. This section has been amended to delete the
Republic of Palau.
Section 9. Repealed by Public Law 103-382.
Section 10. Nonduplication.
This section states that funds coming from other Federal
sources will not be counted as a part of the Federal allotment
to a State.
Section 11. Application of Other Laws.
This section states that Public Law 93-510 and title V of
Public law 95-134 do not apply to the administration of this
Act.
Section 12. Administration of the Act.
This section specifies actions the Commissioner may take in
carrying out the purposes and provisions of this Act and
stipulates regulations to be promulgated. This section also
adds links to the WIPA and requires regulations implementing
these amendments to be published no later than 180 days after
their implementation. Furthermore, any regulations implementing
these amendments must be necessary to administer the Amendments
and ensure compliance with this Act.
Section 13. Reports.
This section requires an annual report to the President and
Congress no later than 180 days after the close of a fiscal
year on activities carried out under this Act in such year. To
the maximum extent appropriate, this information should be the
same type of information described in section 321(d) of WIPA.
Section 14. Evaluation.
This section instructs the Secretary of Education to
conduct evaluations of programs authorized by this Act in order
to improve their management and effectiveness. This section
also requires the Commissioner of the Rehabilitative Services
Agency (Commissioner) to conduct studies and analyses that
identify exemplary practices concerning vocational
rehabilitation, including studies in areas relating to
providing informed choice in the rehabilitation process,
promoting consumer satisfaction, promoting job placement and
retention, providing supported employment, providing services
to particular disability populations, financing personal
assistance services, providing assistive technology devices and
assistive technology services, entering into cooperative
agreements, establishing standards and certification for
community rehabilitation programs, converting from
nonintegrated to integrated employment, and providing caseload
management.
Section 15. Information Clearinghouse.
This section establishes an ``Information Clearinghouse,''
to provide information on the location and availability of
services for individuals with disabilities and requires the
Clearinghouse to disseminate information provided by statewide
workforce partnerships established under section 303 of WIPA
regarding such services and programs authorized under WIPA.
Section 16. Transfer of Funds.
This section provides that the funds appropriated under
this Act must be used for the purposes for which they were
intended.
Section 17. State Administration.
This section states that the application of any state rule
will be considered a state imposed requirement.
Section 18. Review of Applications.
This section requires that any application for grants that
exceed $100,000.00 be reviewed and requires such review to be
done by peer review panels (except for applications concerning
dissemination or conferences).
Section 19. Carryover.
This section provides that any funds granted for a
particular fiscal year, but not used during that year, may be
held over and used during the next fiscal year.
Section 20. Client Assistance Information.
This section provides that any programs providing
rehabilitation services must advise their recipients of the
availability and purpose of the Client Assistance Program as it
is described in section 112.
Section 21. Traditionally Underserved Populations.
This section finds that there are traditionally underserved
populations, especially among minorities, and provides for
recruitment, outreach, and awards to minorities. This section
also requires the Commissioner and the Director of the National
Institute on Disability and Rehabilitation Research to reserve
1 percent of the funds each fiscal year for programs authorized
under titles II, III, VI, and VII, of this Act, to carry out
section 21(b). The Commissioner and the Director, in awarding
grants, or entering into contracts or cooperative agreements
under titles I, II, III, VI, and VII, and section 509, in
appropriate cases, shall require applicants to demonstrate how
they will address, in whole or in part, the needs of
individuals with disabilities from minority backgrounds.
SECTION 4. Title I--Vocational Rehabilitation Services.
This section strikes the sections in title I and inserts
the following new/revised sections:
Part A--General Provisions
Section 100. Declaration of Policy; Authorization of Appropriations.
This section describes the findings, purposes, and policies
that warrant and justify the Act. This section clarifies that
applicants as well as eligible individuals must be active and
full partners in collaboration with qualified vocational
rehabilitation professionals during all aspects of the
vocational rehabilitation process. Furthermore, this section
provides links to
WIPA, and technical amendments clarifying references to the
Consumer Price Index.
Section 101. State Plans.
This section provides the parameters and requirements for a
State in developing its plan for providing rehabilitation
services. It streamlines State requirements, coordinates the
submission of this plan with State plans submitted under WIPA,
simplifies State plan submission requirements, eliminates
duplicative provisions, and clarifies other provisions. This
section's subsections are addressed accordingly below.
101(a)(1). Plan Requirements.--This paragraph states that a
State is not required to submit a State plan that has been
previously submitted to the Commissioner and demonstrates that
the State meets the requirements of title I of this Act. A
State's plan shall remain in effect subject to the submission
of modifications, a change in Federal law (including
regulations), an interpretation of this Act by a State or
Federal court or the highest State court, or a finding by the
Commissioner of noncompliance with the Act, until the State
submits and receives approval of a new State plan.
101(a)(2). Designated State Agency.--This paragraph
requires the State plan to designate a State agency and/or a
designated state unit to operate the State vocational
rehabilitation system.
101(a)(3). Non-Federal Share.--This paragraph requires the
State plan to provide for financial participation by the State.
101(a)(4). Statewideness.--This paragraph requires the
State plan to be in effect in ``all political subdivisions'' of
the State.
101(a)(5). Order of Selection--This paragraph establishes
the procedures a State must include in its State plan to be
implemented if it can not serve all eligible individuals with
disabilities. This paragraph provides that eligible
individuals, who do not meet a State's order of selection
criteria, shall have access to services provided through the
information and referral system implemented under section
101(a)(20).
101(a)(6). Methods of Administration--This paragraph
provides parameters under which each State rehabilitation
agency must operate. This paragraph requires a State to provide
an assurance in its State plan that, to the extent that private
providers of utilize personnel not meeting the highest State
standards that the private providers shall take steps to
retrain them or hire new personnel that do meet these
standards.
101(a)(7). Comprehensive System of Personnel Development.--
This paragraph provides that a State plan must include a
comprehensive nondiscriminatory system of personnel
development. This paragraph requires that a State set aside
funds from its allotment under section 110 to carry out the
comprehensive system of personnel development, including the
training of State agency personnel consistent with the agency's
plan for personnel development.
101(a)(8). Comparable Services and Benefits.- This
paragraph requires State agencies to find other resources to
pay for certain services if such resources are available. It
requires a State to assure that, prior to providing any
vocational rehabilitation services (except services specified
in paragraph (5)(D) and paragraphs (1) through (4), and (14))
the State vocational rehabilitation agency will determine
whether comparable services and benefits are available under
any other program (other than a program carried out under title
I of this Act) unless such a determination would interrupt or
delay the progress of the individual toward achieving the
employment outcome identified in his/her individualized
rehabilitation employment plan or the provision of such service
to any individual at extreme medical risk. The paragraph
specifies that comparable benefits do not include awards and
scholarships based on merit. This paragraph also requires the
State's executive branch to oversee interagency agreements that
will facilitate the provision of comparable benefits.
101(a)(9). Individualized Rehabilitation Employment Plan.--
This paragraph requires a State plan to include an assurance
that an individualized rehabilitation employment plan meeting
the requirements of section 102(b) will be developed and
implemented in a timely manner subsequent to the eligibility
determination, except that in a State operating under an order
of selection described in section 101(a) (5) the plan will be
developed and implemented only for individuals meeting the
order of selection criteria of the State. The State plan shall
also include an assurance that services will be provided in
accordance with the provisions of the individualized
rehabilitation employment plan.
101(a)(10). Reporting Requirements.--This paragraph
requires the State plan to include assurances that the
designated State unit will submit appropriate reports to the
Commissioner regarding the performance of the State's
vocational rehabilitation system. The paragraph further
requires annual reporting on the eligible individuals receiving
services, on those specific data elements described in section
321(d)(2) of WIPA determined relevant by the Secretary.
Finally, this section requires ``additional data,'' as
enumerated in the Act, to be submitted to the Commissioner.
101(a)(11). Cooperation, Collaboration, and Coordination.--
This paragraph requires the creation of agreements or contracts
between the State vocational rehabilitation system and the
State's workforce investment system or components thereof and
the replication of such cooperative agreements at the local
level. These contracts may include, but not be limited to the
following:
provision of intercomponent and/or interagency
staff training and technical assistance;
shared use of information and financial management
systems that link all components of the statewide workforce
investment system such as labor market information, information
on job vacancies, career planning, and workforce investment
activities;
use of customer service features such as common
intake and referral procedures, customer databases, resource
information, and human services hot lines;
establishment of cooperative efforts with
employers to facilitate job placement; and carry out other
activities that the State agency and employers determine
appropriate; and
procedures for resolving disputes among such
components.
This paragraph also requires the State plan to include an
assurance that the State agency and the Statewide Independent
Living Council, develop working relationships and coordinate
their activities. This paragraph also requires that, in
applicable cases, the State plan include an assurance that the
State enters into a formal cooperative agreement with each
grant recipient in the State that receives funds under part C.
The agreement shall describe strategies for collaboration and
coordination in providing vocational rehabilitation services to
American Indians.
101(a)(12). Residency.--This paragraph requires the State
plan to include an assurance that the Sate will not impose
residency requirements on any individuals who seeks assistance
from the State vocational rehabilitation system.
101(a)(13). Services to American Indians.--This paragraph
requires the State plan to assure that, except as otherwise
provided in part C, the State vocational rehabilitation agency
will provide vocational rehabilitation services to American
Indians who are individuals with disabilities residing in the
State to the same extent as to other significant populations of
residing in the State.
101(a)(14). Annual Review of Individuals in Extended
Employment or Other Employment under Special Certificate
Provisions of the Fair Labor Standards Act of 1938.--This
paragraph requires the State plan to provide for:
an annual review and reevaluation of the status of
each individual served under title I of this Act, who has
achieved an employment outcome to determine the interests,
priorities, and needs of the individual with respect to
competitive employment or training for competitive employment;
the individual's input into the review and
reevaluation and a signed acknowledgment by the individual, or,
if appropriate the individual's representative that such review
and reevaluation was conducted; and
maximum efforts, including the identification and
provision of vocational rehabilitation services, reasonable
accommodations, and other necessary support services, to assist
the individuals in engaging in competitive employment.
101(a)(15). Annual State Goals and Reports of Progress.--
This paragraph specifies that the State plan must include the
results of a comprehensive statewide assessment, every 3 years,
describing the rehabilitation needs of resident individuals
with disabilities. The assessment must include individuals with
the most significant disabilities, individuals who have been
underserved by the vocational rehabilitation program, and
individuals served through other components of the statewide
workforce investment system. This paragraph also requires the
State Plan to include an assessment of the need to establish,
develop, or improve community rehabilitation programs within
the State.
The Sate plan must also include estimates of the number of
individuals in the State who are eligible for services, the
number of such individuals who will receive services provided
with funds provided under part B and under part C of title VI,
including, if the State agency uses an order of selection in
accordance with section 101 (a)(5), estimates of the number of
individuals to be served under each priority category within
the order.
Finally, this section requires the State plan to identify
the State's goals and priorities developed by the State
vocational rehabilitation agency and the State Rehabilitation
Council (if the State has such a council) for carrying out the
program; describe the strategies the State will use to address
the needs identified in the comprehensive assessment and to
achieve its goals and priorities; and include the results of an
evaluation of the State's performance relative to its goals on
an annual basis.
101(a)(16). Public Comment.--This paragraph consolidates
public comment provisions and requires the State plan to:
provide for public meetings throughout the State
to comment on proposed policies or procedures; and
provide for the State agency to take into account
the views of individuals and groups of individuals who are
recipients of vocational rehabilitation services, or in
appropriate cases, the individuals' representatives, personnel
working in programs that provide vocational rehabilitation
services to individuals with disabilities, the director of the
client assistance program, and the State Rehabilitation
Council, if the State has such a Council.
101(a)(17). Construction.--This paragraph requires the
State plan to assure that the State will not use any funds made
available under title I of this Act for the construction of
facilities.
101(a)(18). Innovation and Expansion Activities.--This
paragraph requires the State plan to:
include an assurance that the State will reserve
and use a portion of the funds allotted to the State under
section 110 for the development and implementation of
innovative approaches to expand and improve the provision of
vocational rehabilitation service and to support the funding of
the State Rehabilitation Council and the Statewide Independent
Living Council;
include a description of how the reserved funds
will be utilized; and
provide that the State shall submit to the
Commissioner an annual report containing a description of how
the reserved funds will be utilized.
101(a)(19). Choice.--This paragraph requires the State plan
to assure that applicants, eligible individuals, or their
representatives, will be provided information and support
services to assist in exercising informed choice throughout the
rehabilitation process.
101(a)(20). Information and Referral Services.--This
paragraph requires the State plan to assure that the State
agency will implement an information and referral system
adequate to ensure that individuals with disabilities will be
provided accurate vocational rehabilitation information to
assist in preparing for, securing, retaining, or regaining
employment, and will be appropriately referred to Federal and
State programs including other components of the statewide
workforce investment system in the State. In providing these
activities, a State may include services such as:
individualized counseling and guidance, individualized
vocational exploration, supervised job placement referrals, and
assistance in securing reasonable accommodations for eligible
individuals who do not meet the order of selection criteria
used by the State, to the extent that such services are not
purchased by the State vocational rehabilitation agency.
101(a)(21). State Independent Consumer-Controlled
Commission; State Rehabilitation Council.--This paragraph
requires the State plan to provide either an independent
consumer controlled commission or a state rehabilitation
council. The paragraph also provides for the specific
requirements and responsibilities for each.
101(a)(22). Supported Employment State Plan Supplement.--
This paragraph requires the State plan to assure that the State
has an acceptable plan for carrying out part C of title VI,
including the use of funds under that part to supplement funds
made available under part B of title I to pay for the cost of
services leading to supported employment.
101(a)(23). Electronic and Information Technology
Regulations.--This paragraph requires the State plan to assure
that the State and any recipient or subrecipient of funds will
comply with the requirements of section 508, including the
regulations established under that section, and will coordinate
efforts to comply with section 508, adopt grievance procedures
that incorporate due process standards, and provide for the
prompt and equitable resolution of complaints concerning such
requirements.
101(a)(24). Annual Updates.--This paragraph requires a
State plan to assure that the State will submit to the
Commissioner reports containing annual updates of the
information required in section 101(a)(7) relating to a
comprehensive system of personnel development, updates of
information required under section 101 requested by the
Commissioner, annual reports as provided in section 101(a)(15)
relating to assessments, estimates, goals and priorities, and
reports of progress, and section 101(a)(18) (relating to
innovation and expansion), at such time and in such manner as
the Secretary may determine to be appropriate.
101(b). Approval; Disapproval of the State Plan.--This
subsection provides that the Commissioner shall approve any
plan that the he finds fulfills the conditions specified in
section 101, and shall disapprove any plan that does not
fulfill such conditions. Prior to disapproval of the State
plan, the Commissioner shall notify the State of the intention
to disapprove the plan and shall afford the State reasonable
notice and opportunity for a hearing.
Section 102. Eligibility and Individualized Rehabilitation Employment
Plan.
This section addresses an individual's eligibility for
vocational rehabilitation services, development of the
Individualized Rehabilitation Employment Plan (IREP), dispute
resolution procedures, and informed choice. Subsection 102(a)
covers: criterion for eligibility, a presumption of benefit for
individuals, a presumption of eligibility for individuals
receiving SSI or SSDI benefits, the use of existing information
to determine eligibility, determinations of ineligibility, and
the time frame for making eligibility determinations.
Subsection (b) addresses the development of individualized
rehabilitation employment plans (IREPs), and mandatory
procedures and components of an IREP.
Subsection (c) addresses due process procedures, options a
State has in setting up its dispute resolution process, and
provides for mediation.
Subsection (d) addresses the issue of informed choice. This
subsection requires a State to implement policies assuring
eligible individuals the opportunity to exercise informed
choice throughout their vocational rehabilitation process,
including policies and procedures that require the State
vocational rehabilitation agency to: inform individuals about
the availability of and opportunities to, exercise informed
choice; afford eligible individuals meaningful choices among
the methods used to procure services; assist individuals in the
selection of an employment outcome, necessary specific
vocational rehabilitation services, the entity that will
provide the services, and the employment setting in which the
services will be provided.
Section 103. Vocational Rehabilitation Services.
This section specifies that vocational rehabilitation
services provided under title I are any services described in
an IREP necessary to assist an individual prepare for, secure,
retain, or regain an employment outcome consistent with his/her
strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice. This section also
lists what these services may include. Subsection (b) specifies
certain vocational rehabilitation services that may be provided
for the benefit of groups of individuals.
Section 104. Non-Federal Share.
This section deletes references to construction.
Additionally, this section states that, for the purpose of
determining the amount of payments to States for carrying out
part B or part C of the Act, the non-Federal share, subject to
limitations prescribed in regulations, shall include
contributions of funds made by any private agency,
organization, or individual to a State or local agency to
assist in meeting the costs of establishment of a community
rehabilitation program, which would be regarded as State or
local funds except for the condition, imposed by the
contributor, limiting use of such funds to establishment of
such a program.
Section 105. State Rehabilitation Council.
This section requires that if the State vocational
rehabilitation agency is not a consumer controlled commission,
the State must establish a State Rehabilitation Council. States
which have seperate agencies to provide vocational
rehabilitation assistance for individuals who are blind, may
establish seperate councils for such agencies. It also renames
the State Rehabilitation Council as such and amends the
provision regarding the Council's membership. Finally, this
section lists the Council's functions.
Section 106. Evaluation Standards and Performance Indicators.
This section requires the Commissioner to establish and
publish standards and performance indicators no later that
September 30, 1998. It also requires the Commissioner to:
review and, if necessary, revise the evaluation standards and
performance indicators every 3 years. He must also, to the
maximum extent practicable, make the standards and indicators
consistent with the core indicators of performance established
under section 321(b) of WIPA, and beginning in fiscal year
1999, include in each annual report to the Congress an analysis
of program performance.
Section 107. Monitoring and Review.
This section requires the Commissioner to review State
programs and determine whether the State is complying with the
provisions of its State plan. This section provides the
procedures for these reviews and what the Commissioner may do
upon a finding of noncompliance including technical assistance
and withholding payments. This section also provides States
that have been found out of compliance an opportunity to appeal
this decision along with all the procedures and standards
inherent thereto.
Section 108. Expenditure of Certain Amounts.
This section states that Social Security reimbursements may
not be expended except for the purposes of carrying out
specific programs.
Section 109. Training of Employers with Respect to the Americans with
Disabilities Act of 1990.
This section allows States to expend funds to train
employers regarding compliance with the Americans with
Disabilities Act of 1990.
Part B--Basic Vocational Rehabilitation Services
Section 110. State Allotments.
This section describes the protocols and amounts each State
will receive from the Federal government to operate its
vocational rehabilitation programs. It also adjusts the
reservation of funds for part C projects (vocational
rehabilitation services to American Indians) allowing it to
range from 3/4 of 1 percent to 1.5 percent of the total amount
of all States' allotments in fiscal year 1998, and to range
from one percent to 1.5 percent of the total amount of all
States' allotments in fiscal years 1999 through 2004.
Section 111. Payments to States.
This section states additional protocols by which states
receive their payments from the Federal government for the
operation of vocational rehabilitation programs. This section
also deletes references to the ``Strategic Plan'' in section
111(a)(1) and also deletes paragraph (3), concerning
construction projects, in subsection 111(a).
Section 112. Client Assistance Program.
This section describes the program through which
individuals receiving vocational rehabilitation services
receive legal advise and advocacy regarding their relationships
with rehabilitation counselors and the State agency. This
section also requires each Client Assistance Program to assure,
to the maximum extent possible, that alternative means of
dispute resolution are available at an individual's discretion
prior to resorting to litigation or formal adjudication to
resolve a dispute. This section defines ``alternative means of
dispute resolution'' as any procedure, including good faith
negotiation, conciliation, facilitation, mediation, fact
finding, and arbitration, and any combination of procedures,
that is used in lieu of litigation or formal adjudication, to
resolve a dispute.
Part C--American Indian Vocational Rehabilitation Services
Section 121. Vocational Rehabilitation Services Grants.
This section allows the Commissioner to make grants to
Indian tribes to paying 90% of the vocational rehabilitation
costs of individuals with disabilities living on reservations.
To receive a grant, an Indian tribe must submit an application
conforming with the requirements of this section and the
application must be approved by the Commissioner. This section
also requires that grants not exceed 60 months in duration
except as otherwise determined by the Commissioner pursuant to
prescribed regulations.
Part D--Vocational Rehabilitation Services/Client Information
Section 131. Data Sharing.
This section requires the Secretaries of Education and
Health and Human Services to enter into an agreement through
which the departments will exchange information of mutual
importance. Furthermore, this section requires the Secretary of
Labor to provide the Commissioner with labor market information
important to the evaluation of the rehabilitation program,
especially compared to the progress of individuals being
assisted under WIPA.
SECTION 5. Research and Training.
This section strikes the sections in title II and inserts
the following new/revised sections:
Title II--Research and Training
Section 200. Purpose.
This section describes the purposes of this title. It also:
requires a comprehensive and coordinated approach to the
support and conduct of research, demonstration projects,
training, and related activities; promotes the of transfer of
rehabilitation technology to individuals with disabilities
through research and demonstration; obligates the dissemination
of practical scientific and technological information to the
general public; and requires the identification of effective
strategies that enhance the opportunities of individuals with
disabilities to engage in employment, including employment
involving telecommuting and self-employment.
Section 201. Authorization of Appropriations.
This section provides authorization for funds to be spent
on title II activities. This section also extends the
authorizations of appropriations for the National Institute on
Disability and Rehabilitation Research (the Institute) through
fiscal year 2004.
Section 202. National Institute on Disability and Rehabilitation
Research.
This section establishes an institute known as the National
Institute on Disability and Rehabilitation Research. This
section also provides the general responsibilities of the
Institute as well as the responsibilities of its Director. This
section also provides for ``Standing Peer Review Panels,''
their make-up, authority, and responsibilities, for the review
of applications for funding. All funding must be tied to a
five-year plan.
Section 203. Interagency Committee.
This section establishes an ``Interagency Committee on
Disability Research.'' The section establishes who shall serve
on this Committee, how often it shall meet, and requires the
committee to submit to the President and to the appropriate
Congressional committees, a report outlining the committee's
recommendations for the coordination of policy and development
directives.
Section 204. Research and Other Covered Activities.
This section allows the Director of the National Institute
on Disability and Rehabilitation Research to make grants to and
contracts with States and public or private agencies and
organizations. Although the Director emphasizes projects that
support the implementation of titles I, III, V, VI, and VII,
this section delineates many various projects for which these
grants may be used including the establishment of
Rehabilitation Research and Training Centers and projects that
these centers may conduct. However, Rehabilitation Research and
Training Centers must promote the ability of individuals with
disabilities to prepare for, secure, retain, regain, or advance
in employment. This section outlines the eligibility criteria
to receive these grants and states that the grants shall be
awarded on a competitive basis.
Section 205. Rehabilitation Research Advisory Council.
This section allows the Secretary of Education to establish
a ``Rehabilitation Research Advisory Council'' subject to the
availability of appropriations. This section describes the
duties of the Council, qualifications for its members, the
details of their terms of appointment, procedures for the event
of a vacancy, and other administrative concerns.
SECTION 6. Professional Development and Special Projects and
Demonstrations.
This section strikes the sections in title III and inserts
the following new/revised sections:
Title III--Professional Development and Special Projects and
Demonstrations
Section 301. Declaration of Purpose and Competitive Basis of Grants and
Contracts.
This section outlines the purpose of this title (to
authorize grants and contract) as well as the purposes of such
grants and contracts. The Secretary must ensure that all grants
and contracts are awarded under this title are done so on a
competitive basis.
Section 302. Training.
This section requires the Commissioner to make grants and
enter into contracts to assist in increasing the numbers of,
and upgrade the skills of, qualified personnel, especially
rehabilitation counselors. These grants and contracts may
include scholarships and any necessary stipends. Importantly,
this section permits the Commissioner to make grants and enter
into contracts to furnish training to personnel providing
services to individuals with disabilities under WIPA. These
training projects may be jointly funded with the Department of
Labor, using monies available under title III of WIPA. This
section also allows the Commissioner to make grants or enter
into contracts to pay part of the costs of academic training
projects to provide training that leads to an academic degree
or certificate so long as these funds are targeted at areas
with shortages of qualified personnel. However, this section
places certain limitations on such grants or contracts and
requires any recipients to make certain assurances to the
Commissioner. No grants are awarded unless the applicant
applies pursuant to prescribed rules. The Commissioner may
award grants to establish interpreter training programs for the
deaf, hard of hearing, and deaf/blind communities. And, the
Commissioner must provide training grants to Historically Black
Colleges and Universities.
Section 303. Special Demonstration Programs.
This section allows the Commissioner to award grants or
enter into contracts for the purpose of funding programs that
expand and improve the provision of rehabilitation services. In
addition to authorizing demonstrations that provide direct
services to individuals, this authority would allow for
replication, dissemination, and use of projects and activities
directed at State systemic change. This section describes
eligible entities, the terms and conditions of the grants or
contracts, the application requirement of each potential
grantee, and the types of projects that may be funded.
Specifically, this section establishes several authorities
within a menu from which the Commissioner may choose in
announcing and tailoring specific competitions. This section
also provides a list of activities that are to be given
priority consideration in announcing a competition along with
several other authorized activities that can be considered.
Section 304. Migrant and Seasonal Farm Workers.
This section specifies that the Commissioner may make
grants to eligible entities to pay up to 90 percent of the cost
of projects or demonstration programs for the provision of
vocational rehabilitation services to individuals with
disabilities who are migrant or seasonal farm workers and to
the family members who are residing with these individuals.
This section also provides the eligibility requirements for
such grants.
Section 305. Recreational Projects.
This section requires the Commissioner to make grants to
pay the Federal share of the cost to establish and operate
recreation programs providing individuals with disabilities
recreational activities to aid in their employment, mobility,
socialization, independence, and community integration. This
section requires that programs and activities carried out under
this section demonstrate ways in which such programs assist in
maximizing the independence and integration of individuals with
disabilities. This section establishes eligibility criteria and
states that applicants must make certain assurances to the
Commissioner.
Section 306. Measuring Project Outcomes and Performance.
This section allows the Commissioner to require grant
recipients under title III to submit information, as determined
by the Commissioner to be necessary, to measure project
outcomes and performance, including any data needed to comply
with the Government Performance and Results Act.
SECTION 7. National Council on Disability.
This section strikes the sections in title IV and inserts
the following new/revised sections:
Title IV--National Council on Disability
Section 400. Establishment of National Council on Disability.
This section establishes a National Council on Disability,
provides for the number of members, how they are selected, who
they shall represent, and their terms.
Section 401. Duties of National Council.
This section outlines the duties and responsibilities of
the Council. These shall include providing advice to the
Director of the National Institute on Disability and
Rehabilitation Research and providing advice to the
Commissioner, the President, and Congress, as well as provide a
``progress'' report to Congress no later than July 26, 1998 and
annually thereafter.
Section 402. Compensation of National Council members.
This section entitles the members of the Council to
compensation pursuant to the Senior Executive Service Schedule
Section 403. Staff of National Council.
This section addresses the appointment and removal
authority of the Council, procurement of temporary services,
and other staffing issues and procedures. The Chairperson of
the Council may remove an executive director without regard to
laws pertaining to Federal employment. The cap on the number of
staff the Council may employ is lifted. The Council may solicit
money or property, however, the Secretary of the Treasury is to
invest any assets not required for the operation of NCD.
Section 404. Administrative Powers of the National Council.
This section allows the Council to use such administrative
tools as may be necessary to carry out its duties such as
prescribing bylaws, holding hearings, and appointing advisory
committees.
Section 405. Authorization of Appropriations.
Such sums as may be necessary are authorized for this
title.
SECTION 8. Rights and Advocacy.
This section and its subsections delete certain sections of
title V, Rights and Advocacy, and inserts the new/revised
sections referred to therein. The balance of title V, Rights
and Advocacy, (The sections not referred to herein) remain
unchanged.
SECTION 8(a). Conforming Amendments to Rights and Advocacy Provisions.
Sections 501, 502, 504, and 506 each have conforming
amendments.
SECTION 8(b). Section 508.
Electronic and Information Technology Regulations. This
section requires each federal agency to procure, maintain, and
use electronic and information technology that allows
individuals with disabilities the same access to information
technology as individuals with out disabilities. The Access
Board is required to issue regulations establishing the
criteria necessary to implement the requirements of this
section.
SECTION 8(c). Section 509.
Protection and Advocacy.--This section establishes the
procedures, means, and details to support a system in each
State to protect the legal and human rights of individuals with
disabilities. This section makes specific provisions for an
allotment to the American Indian consortium and provides
definitions for the terms ``Eligible System'' and ``American
Indian consortium.''
SECTION 9. Employment Opportunities for Individuals with Disabilities.
This section strikes the sections in title VI and inserts
the following new/revised sections:
Title VI--Employment Opportunities for Individuals With Disabilities
Part A--Projects in Telecommuting and Self-Employment for Individuals
with Disabilities
Section 601. Short Title.
This title may be cited as the Employment Opportunities for
Individuals With Disabilities Act.
Section 611. Findings, Policies, and Purposes.
This section establishes the reasons for creating this
title and what it is intended to accomplish. Specifically, it
promotes opportunities for individuals with disabilities to
secure, retain, regain, or advance in employment involving
telecommuting; gain access to employment opportunities;
demonstrate their abilities, capabilities, interests, and
preferences regarding employment in positions that are
increasingly being offered to individuals in the workplace; and
promote opportunities for individuals with disabilities to
engage in self-employment enterprises that permit these
individuals to achieve significant levels of independence,
participate in and contribute to the life of their communities,
and offer employment opportunities to others.
Section 612. Telecommuting.
This section authorizes projects in telecommuting for
individuals with disabilities, describes what eligible entities
must do to qualify for grants, how grant funds must be used,
sets out certain requirements for each telecommunication
project to meet, and describes certain limitations on these
projects.
Section 613. Self-Employment.
This section authorizes projects in self-employment for
individuals with disabilities, describes what eligible entities
must do to qualify for grants, how grant funds must be used,
sets out certain requirements for each self employment project
to meet, and describes certain limitations on these projects.
This section also specifies that the term `client' means 1 or
more individuals with disabilities who engage in or seek to
engage in a self-employment enterprise.
Section 614. Dual Purpose Grants.
This section authorizes the Commissioner to make dual
purpose awards, as long as applications meet the requirements
of sections 612 and 613.
Section 615. Authorization of Appropriations.
This part is authorized for such sums as may be necessary.
Part B--Projects with Industry
Section 621. Projects with Industry.
This section intends to create and expand job and career
opportunities for individuals with disabilities in the
competitive labor market. This section permits the Commissioner
to award grants to any of several entities to establish
business advisory councils (whose responsibilities are
enumerated), job placement and career advancement services, to
the extent appropriate training in realistic work settings, and
support services. This section also requires access to and use
of labor market information identified by local workforce
partnerships for project grantees. This section also delineates
the eligibility determination for individuals, provides for an
agreement between the Commissioner and the grantee to providing
the services, and provides for standards under which a
grantee's performance will be evaluated.
Part C--Supported Employment Services for Individuals with Significant
Disabilities
Section 631. Purpose.
This sections states the reason for establishing this Part;
i.e., to enable individuals with significant disabilities to
achieve the employment outcome of supported employment.
Section 632. Allotments.
This section provides for allotments to States to carry out
this Part.
Section 633. Availability of Services.
This section delineates to whom funds for services are
available.
Section 634. Eligibility.
This section explains the criteria an individual must have
to be eligible for supported employment services.
Section 635. State Plan.
This section outlines the requirements a State Plan must
meet in order to be eligible for supported employment funds.
Among other requirements, State Plans must include an assurance
that the comprehensive assessments of individuals with
significant disabilities conducted under section 102(b)(1) and
funded under title I of the Act will include consideration of
supported employment as an appropriate employment outcome.
Section 636. Restriction.
This section states that required information must be
collected separately for eligible individuals receiving
supported employment services under this part and for those
receiving it under title I.
Section 637. Savings Provision.
This section allows States to use funds received under
section 110 to provide supported employment services.
Section 638. Authorization of Appropriations.
This section authorizes such sums as may be necessary to
carry out these provisions and extends the authorization of
appropriations of part C of the Act through fiscal year 2004.
SECTION 10. Independent Living Services and Centers for Independent
Living.
This section strikes the sections in title VII and inserts
the following new/revised sections:
Title VII--Independent Living Services and Centers for Independent
Living
Chapter 1--Individuals with Significant Disabilities
Part A--General Provisions
Section 701. Purpose.
This section states the reason for implementing this
chapter; i.e.,, to promote a philosophy of independent living,
consumer control, peer support, self-help, self determination,
equal access, and individual and system advocacy.
Section 702. Definitions.
This section provides certain definitions for given terms
used in this chapter. The defined terms are: ``Center for
Independent Living'' and ``Consumer Control.''
Section 703. Eligibility for Receipt of Services.
This sections states that any individual who has a
significant disability as defined in section 7(21)(B) is
eligible for services.
Section 704. State Plan.
This section requires a State to provide to the
Commissioner a State plan (jointly developed with the State
director and the chairperson of the Statewide Independent
Living Council). This section also details what the plan must
include and what it must provide including independent living
services, the provision for the Statewide Independent Living
Council, coordination of services to avoid duplication of
services with other State or Federal agencies, provisions for
outreach to underserved populations, and a method for periodic
evaluation of the plan's effectiveness.
Section 705. Statewide Independent Living Council.
This section states that to receive financial assistance
under this chapter, a State must establish a ``Statewide
Independent Living Council.'' This section goes on to describe
the Council's composition which includes at least 1 director of
a center for independent living, representatives of appropriate
State agencies, and in a State with projects carried out under
section 121 (American Indian Vocational Rehabilitation) at
least 1 representative of the directors of those projects. This
section also describes the qualifications of Council members,
the terms of their appointments, procedures to take in the
event of a vacancy, the Council's duties, and the Council's
authority to conduct hearings.
Section 706. Responsibilities of the Commissioner.
This section outlines the Commissioner's responsibilities
regarding: the approval of the State plans submitted pursuant
to section 704, publishing indicators of minimum compliance,
conducting on site compliance reviews, and reporting the
results of these reviews as well as Independent Living Centers'
compliance with compliance indicators.
Part B--Independent Living Services
Section 711. Allotments.
This section provides for State allotments to carry out the
functions of this Part. This section now clarifies the means by
which minimum allotments are adjusted for inflation.
Section 712. Payments to States From Allotments.
This section addresses the payments of the Federal shares
to the States.
Section 713. Authorized Use of Funds.
This section authorizes States to use their allotment for
costs related to the Statewide Independent Living Council and
other enumerated expenses.
Section 714. Authorization of Appropriations.
This section authorizes such sums as may be necessary to
carry out the functions of this part and extends the
authorization of appropriations for part B, chapter 1 of title
VII through fiscal year 2004.
Part C--Centers for Independent Living
Section 721. Program Authorization.
This section requires the Commissioner to allot such sums
as may be necessary according to the provisions of this section
pertaining to: training; the States' allotment pursuant to
population basis, the maintenance of 1992 amounts, allowable
minimum amounts; certain territories' allotments; and
reallotments of funds that will not be used by certain States.
This section also clarifies the means by which minimum
allotments are adjusted for inflation.
Section 722. Grants to Centers for Independent Living in States in
Which Federal Funding Exceeds State Funding.
This section provides that unless the State director awards
grants to eligible centers for independent living in his State,
the Commissioner shall for the purposes of planning, conduct,
and administration of independent living centers that meet the
compliance assurance standards set out in this title. This
section also provides the eligibility standards for such
grants, addresses the possibility that no center for
independent living exists in a given area, and the
Commissioner's periodic review of centers for independent
living receiving such funds.
Section 723. Grants to Centers for Independent Living in States in
Which State Funding Equals or Exceeds Federal Funding.
This section provides that the State Director or the
Commissioner must award grants to eligible centers for
independent living if the Commissioner determines that the
amount a State has set aside to support its eligible centers
for independent living either equals or exceeds the amount
allotted to the State for that purpose. This section provides
the eligibility standards for such grants, addresses the
possibility that no center for independent living exists in a
given area, and the Commissioner's periodic review of centers
for independent living receiving such funds. These grants are
for the planning conduct and administration of independent
living centers that meet the compliance assurance standards set
out in this title.
Section 724. Centers Operated by State Agencies.
This section provides that States or outlying areas
receiving assistance for centers for independent living they
operate, may continue to do so, so long as no nonprofit agency
is approved to operate the center and funds are available.
Section 725. Standards and Assurances for Centers for Independent
Living.
This section provides standards and assurances with which
each Center for Independent Living receiving assistance must
comply.
Section 726. Definitions.
This section defines the term ``eligible agency'' as it is
used in this Part.
Section 727. Authorization or Appropriations.
This section authorizes such sums as may be necessary to
carry out the functions of this Part and extends the
authorization of appropriations for part C, chapter 1 of title
VII of the Act through fiscal year 2004.
Chapter 2--Independent Living Services for Older Individuals Who Are
Blind
Section 751. Definitions.
This section defines the term ``older individual who is
blind'' for the purposes of this chapter.
Section 752. Program of Grants.
This section provides that the Commissioner may make
certain grants (contingent on described factors) to States for
the purpose of providing independent living services to older
individuals who are blind, conducting activities that will
improve or expand these services, and conducting activities to
help improve the public's understanding of the problems of such
individuals. This section also provides that State grants are
not allowable unless a State makes available matching non-
Federal contributions. A State must incorporate any new methods
relating to independent living services for older individuals
who are blind into its State Plan, a State must apply for these
grants, and there is a formula by which the amount of these
grants are determined.
Section 753. Authorization of Appropriations.
This section authorizes such sums as may be necessary to
carry out the functions of this Part and extends the
authorization of appropriations for part C, chapter 1 of title
VII of the Act through fiscal year 2004.
Title VIII--REPEALED
Miscellaneous Amendments Not Related to the Rehabilitation Act
SECTION 11. Helen Keller National Center Act (HKNCA)
11(a). Section 205(a). General Authorization of
Appropriations.--This section of the HKNCA, extends the
authorization of appropriations for the Act through fiscal year
2004.
11(b). Section 208(h). Helen Keller National Center Federal
Endowment Fund.--This section of the HKNCA extends the
authority for the endowment through fiscal year 2004.
11(c). Section 209. Registry.--This section is added to the
HKNCA, requiring the establishment of a national registry of
individuals who are deaf-blind with a separate authorization of
appropriations for the registry that extends to fiscal year
2000.
SECTION 12. President's Committee on Employment of People with
Disabilities
This section gives the above named Committee the authority
to solicit money and property. [The authorization for the
committee is found in section 2(2) of the Joint Resolution
entitled ``Joint Resolution authorizing an appropriation for
the work of the President's Committee on National Employ the
Physically Handicapped Week'', approved July 11, 1949 (36
U.S.C. 155b(2)).]
SECTION 13. Peer Review--This section amends Part B of title IV of the
Department of Education Organization Act by inserting before
its section 427, a new section ``426A. Peer Review, which
states that the Federal Advisory Committee Act does not apply
to peer review panels established by the Secretary to evaluate
applications for financial assistance awarded on a competitive
basis.''
SECTION 14. Conforming Amendments.
14(a) Preparation.--This subsection requires the Secretary
of Education to recommend legislation containing technical and
conforming amendments.
14(b) Submission to Congress.--This subsection requires the
submission of said recommendations no later that 6 months
following the date of enactment.
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