THE REHABILITATION ACT OF 1973 As Amended through THE 1992 AMENDMENTS Table of Contents SEC. 2. FINDINGS 1 SEC. 3. REHABILITATION SERVICES ADMINISTRATION 2 SEC. 4. ADVANCE FUNDING 3 SEC. 5. JOINT FUNDING 3 SEC. 6. CONSOLIDATED REHABILITATION PLAN 4 SEC. 7. DEFINITIONS 4 SEC. 8. ALLOTMENT PERCENTAGE 15 SEC. 9. AUDIT 16 SEC. 10. NONDUPLICATION 16 SEC. 11. APPLICATION OF OTHER LAWS 17 SEC. 12. ADMINISTRATION OF THE ACT 17 SEC. 13. REPORTS 18 SEC. 14. EVALUATION 19 SEC. 15. INFORMATION CLEARINGHOUSE 20 SEC. 16. TRANSFER OF FUNDS 20 SEC. 17. STATE ADMINISTRATION 20 SEC. 18. REVIEW OF APPLICATIONS 21 SEC. 19. CARRYOVER 21 SEC. 20. CLIENT ASSISTANCE INFORMATION 21 SEC. 21. TRADITIONALLY UNDERSERVED POPULATIONS 21 TITLE I - VOCATIONAL REHABILITATION SERVICES PART A - GENERAL PROVISIONS SEC. 100. DECLARATION OF POLICY 24 SEC. 101. STATE PLANS 27 SEC. 102. INDIVIDUALIZED WRITTEN REHABILITATION PROGRAM 39 SEC. 103. SCOPE OF VOCATIONAL REHABILITATION SERVICES 45 SEC. 104. NON-FEDERAL SHARE FOR CONSTRUCTION 47 SEC. 105. STATE REHABILITATION ADVISORY COUNCIL 47 SEC. 106. EVALUATION STANDARDS AND PERFORMANCE INDICATORS 52 SEC. 107. MONITORING AND REVIEW 53 SEC. 108. EXPENDITURE OF CERTAIN AMOUNTS 56 SEC. 109. TRAINING OF EMPLOYERS WITH RESPECT TO AMERICANS WITH DISABILITIES ACT OF 1990 57 PART B - BASIC VOCATIONAL REHABILITATION SERVICES SEC. 110. STATE ALLOTMENTS 57 SEC. 111. PAYMENTS TO STATES 59 SEC. 112. CLIENT ASSISTANCE PROGRAM 60 PART C - INNOVATION AND EXPANSION GRANTS SEC. 120. STATE ELIGIBILITY 63 SEC. 121. CONTENTS OF STRATEGIC PLANS 64 SEC. 122. PROCESS FOR DEVELOPING STRATEGIC PLANS 64 SEC. 123. USE OF FUNDS 65 SEC. 124. ALLOTMENTS AMONG STATES 66 PART D - AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES SEC. 130. VOCATIONAL REHABILITATION SERVICES GRANTS68 MISCELLANEOUS PROVISIONS TO TITLE I SEC. 136. REVIEW OF DATA COLLECTION SYSTEM 69 SEC. 137. EXCHANGE OF DATA 70 SEC. 138. EFFECTIVE DATE 71 TITLE III - TRAINING AND DEMONSTRATION PROJECTS PART A - TRAINING PROGRAMS AND COMMUNITY REHABILITATION PROGRAMS SEC. 301. DECLARATION OF PURPOSE 72 SEC. 302. TRAINING 72 SEC. 303. VOCATIONAL REHABILITATION SERVICES FOR INDIVIDUALS WITH DISABILITIES 78 SEC. 304. LOAN GUARANTEES FOR REHABILITATION PROGRAMS 79 SEC. 305. COMPREHENSIVE REHABILITATION CENTERS 82 SEC. 306. GENERAL GRANT AND CONTRACT REQUIREMENTS 83 PART B - SPECIAL PROJECTS AND SUPPLEMENTARY SERVICES SEC. 310. AUTHORIZATION OF APPROPRIATIONS 85 SEC. 311. SPECIAL DEMONSTRATION PROGRAMS 85 SEC. 312. MIGRATORY WORKERS 88 SEC. 314. READER SERVICES FOR INDIVIDUALS WHO ARE BLIND 89 SEC. 315. INTERPRETER SERVICES FOR INDIVIDUALS WHO ARE DEAF 90 SEC. 316. SPECIAL RECREATIONAL PROGRAMS 91 TITLE V - RIGHTS AND ADVOCACY SEC. 501. RIGHTS AND ADVOCACY 93 SEC. 502. ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE ACCESS BOARD 94 SEC. 503. EMPLOYMENT UNDER FEDERAL CONTRACTS 100 SEC. 504. NONDISCRIMINATION UNDER FEDERAL GRANTS AND PROGRAMS 101 SEC. 505. REMEDIES AND ATTORNEYS' FEES 102 SEC. 506. SECRETARIAL RESPONSIBILITIES 103 SEC. 507. INTERAGENCY DISABILITY COORDINATING COUNCIL 103 SEC. 508. ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY GUIDELINES 104 SEC. 509. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS 105 TITLE VI - EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES PART A - COMMUNITY SERVICE EMPLOYMENT PILOT PROGRAM SEC. 611. ESTABLISHMENT OF PILOT PROGRAM 110 SEC. 612. ADMINISTRATION 112 SEC. 613. PARTICIPANTS NOT FEDERAL EMPLOYEES 113 SEC. 614. INTERAGENCY COOPERATION 113 SEC. 615. EQUITABLE DISTRIBUTION OF ASSISTANCE 113 SEC. 616. DEFINITIONS 114 SEC. 617. AUTHORIZATION OF APPROPRIATIONS 115 PART B - PROJECTS WITH INDUSTRY SEC. 621. PROJECTS WITH INDUSTRY115 SEC. 622. AUTHORIZATION OF APPROPRIATIONS 119 PART C - SUPPORTED EMPLOYMENT SERVICES FOR INDIVIDUALS WITH SEVERE DISABILITIES SEC. 631. PURPOSE 119 SEC. 632. ALLOTMENTS 119 SEC. 633. AVAILABILITY OF SERVICES 120 SEC. 634. ELIGIBILITY 120 SEC. 635. STATE PLAN 121 SEC. 636. RESTRICTION 122 SEC. 637. SAVINGS PROVISION 123 SEC. 638. AUTHORIZATION OF APPROPRIATIONS 123 PART D - BUSINESS OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES SEC. 641. BUSINESS OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES 123 TITLE VII - INDEPENDENT LIVING SERVICES AND CENTERS FOR INDEPENDENT LIVING CHAPTER 1 - INDIVIDUALS WITH SEVERE DISABILITIES PART A - GENERAL PROVISIONS SEC. 701. PURPOSE 124 SEC. 702. DEFINITIONS 124 SEC. 703. ELIGIBILITY FOR RECEIPT OF SERVICES 124 SEC. 704. STATE PLAN 125 SEC. 705. STATEWIDE INDEPENDENT LIVING COUNCIL 128 SEC. 706. RESPONSIBILITIES OF THE COMMISSIONER 131 PART B - INDEPENDENT LIVING SERVICES SEC. 711. ALLOTMENTS 133 SEC. 712. PAYMENTS TO STATES FROM ALLOTMENTS 134 SEC. 713. AUTHORIZED USES OF FUNDS 135 SEC. 714. AUTHORIZATION OF APPROPRIATIONS 135 PART C - CENTERS FOR INDEPENDENT LIVING SEC. 721. PROGRAM AUTHORIZATION 136 SEC. 722. GRANTS TO CENTERS FOR INDEPENDENT LIVING IN STATES IN WHICH FEDERAL FUNDING EXCEEDS STATE FUNDING 140 SEC. 723. GRANTS TO CENTERS FOR INDEPENDENT LIVING IN STATES IN WHICH STATE FUNDING EQUALS OR EXCEEDS FEDERAL FUNDING 143 SEC. 724. CENTERS OPERATED BY STATE AGENCIES 147 SEC. 725. STANDARDS AND ASSURANCES FOR CENTERS FOR INDEPENDENT LIVING 148 SEC. 726. DEFINITIONS 150 SEC. 727. AUTHORIZATION OF APPROPRIATIONS 150 SEC. 728. EFFECTIVE DATE 151 CHAPTER 2 INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND SEC. 751. DEFINITION 151 SEC. 752. PROGRAM OF GRANTS 151 SEC. 753. AUTHORIZATION OF APPROPRIATIONS 156 TITLE VIII - SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS SEC. 801. SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS 157 SEC. 802. DEMONSTRATION ACTIVITIES 157 SEC. 803. TRAINING ACTIVITIES 168 ----- THE REHABILITATION ACT OF 1973 As Amended through THE 1992 AMENDMENTS SEC. 2. FINDINGS; PURPOSE; POLICY (a) FINDINGS Congress finds that" (1) millions of Americans have one or more physical or mental disabilities and the number of Americans with such disabilities is increasing; (2) individuals with disabilities constitute one of the most disadvantaged groups in society; (3) disability is a natural part of the human experience and in no way diminishes the right of individuals to" (A) live independently; (B) enjoy self-determination; (C) make choices; (D) contribute to society; (E) pursue meaningful careers; and (F) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of American society; (4) increased employment of individuals with disabilities can be achieved through the provision of individualized training, independent living services, educational and support services, and meaningful opportunities for employment in integrated work settings through the provision of reasonable accommodations; (5) individuals with disabilities continually encounter various forms of discrimination in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and public services; and (6) the goals of the Nation properly include the goal of providing individuals with disabilities with the tools necessary to" (A) make informed choices and decisions; and (B) achieve equality of opportunity, full inclusion and integration in society, employment, independent living, and economic and social self-sufficiency, for such individuals. (b) PURPOSE The purposes of this Act are" (1) to empower individuals with disabilities to maximize employment, economic self-sufficiency, independence, and inclusion and integration into society, through" (A) comprehensive and coordinated state-of-the-art programs of vocational rehabilitation; (B) independent living centers and services; (C) research; (D) training; (E) demonstration projects; and (F) the guarantee of equal opportunity; and (2) to ensure that the Federal Government plays a leadership role in promoting the employment of individuals with disabilities, especially individuals with severe disabilities, and in assisting States and providers of services in fulfilling the aspirations of such individuals with disabilities for meaningful and gainful employment and independent living. (c) POLICY It is the policy of the United States that all programs, projects, and activities receiving assistance under this Act shall be carried out in a manner consistent with the principles of" (1) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; (2) respect for the privacy, rights, and equal access (including the use of accessible formats), of the individuals; (3) inclusion, integration, and full participation of the individuals; (4) support for the involvement of a parent, a family member, a guardian, an advocate, or an authorized representative if an individual with a disability requests, desires, or needs such support; and (5) support for individual and systemic advocacy and community involvement. SEC. 3. REHABILITATION SERVICES ADMINISTRATION (a) There is established in the Office of the Secretary a Rehabilitation Services Administration which shall be headed by a Commissioner (hereinafter in this Act referred to as the Commissioner) appointed by the President by and with the advice and consent of the Senate. Except for titles IV and V and Part A of title VI and as otherwise specifically provided in this Act, such Administration shall be the principal agency, and the Commissioner shall be the principal officer, of such Department for carrying out this Act. The Commissioner shall be an individual with substantial experience in rehabilitation and in rehabilitation program management. In the performance of the functions of the office the Commissioner shall be directly responsible to the Secretary or to the Under Secretary or an appropriate Assistant Secretary of such Department, as designated by the Secretary. The functions of the Commissioner shall not be delegated to any officer not directly responsible, both with respect to program operation and administration, to the Commissioner. Any reference in this Act to duties to be carried out by the Commissioner shall be considered to be a reference to duties to be carried out by the Secretary acting through the Commissioner. In carrying out any of the functions of the office under this Act, the Commissioner shall be guided by general policies of the National Council on Disability established under Title IV of this Act. (b) The Secretary shall take whatever action is necessary to insure that funds appropriated pursuant to this Act, as well as unexpended appropriations for carrying out the Vocational Rehabilitation Act (29 U.S.C. 31-42), are expended only for the programs, personnel, and administration of programs carried out under this Act. (c) The Secretary shall take such action as necessary to ensure that" (1) the staffing of the Rehabilitation Services Administration shall be in sufficient numbers to meet program needs and at levels which will attract and maintain the most qualified personnel; and (2) such staff includes individuals who have training and experience in the provision of rehabilitation services and that staff competencies meet professional standards. SEC. 4. ADVANCE FUNDING (a) For the purpose of affording adequate notice of funding available under this Act, appropriations under this Act are authorized to be included in the appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation. (b) In order to effect a transition to the advance funding method of timing appropriation action, the authority provided by subsection (a) of this section shall apply notwithstanding, that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year. SEC. 5. JOINT FUNDING Pursuant to regulations prescribed by the President, and to the extent consistent with the other provisions of this Act, where funds are provided for a single project, by more than one Federal agency to an agency or organization assisted under this Act, the Federal agency principally involved may be designated to act for all in administering the funds provided, and, in such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each agency. When the principal agency involved is the Rehabilitation Services Administration, it may waive any grant or contract requirement (as defined by such regulations) under or pursuant to any law other than this Act, which requirement is inconsistent with the similar requirements of the administering agency under or pursuant to this Act. SEC. 6. CONSOLIDATED REHABILITATION PLAN (a) In order to secure increased flexibility to respond to the varying needs and local conditions within the State, and in order to permit more effective and interrelated planning and operation of its rehabilitation programs, the State may submit a consolidated rehabilitation plan which includes the State's plan under section 101(a) of this Act and its program for persons with developmental disabilities under the Developmental Disabilities Services and Facilities Construction Amendments of 1970: Provided, That the agency administering such State's programs under such Act concurs in the submission of such consolidated rehabilitation plan. (b) Such a consolidated rehabilitation plan must comply with, and be administered in accordance with, all the requirements of this Act and the Developmental Disabilities Assistance and Bill of Rights Act. If the Secretary finds that all such requirements are satisfied, the Secretary may" (1) approve the plan to serve in all respects as the substitute for the separate plans which would otherwise be required with respect to each of the programs included therein; or (2) advise the State to submit separate plans for such programs. (c) Findings of noncompliance in the administration of an approved consolidated rehabilitation plan, and any reduction, suspensions, or termination of assistance as a result thereof, shall be carried out in accordance with the procedures set forth in subsection (c) and (d) of section 107 of this Act. SEC. 7. DEFINITIONS For the purpose of this Act: (1) The term construction means the construction of new buildings, the acquisition, expansion, remodeling, alteration, and renovation of existing buildings, and initial equipment of such buildings, and the term cost of construction includes architects' fees and acquisition of land in connection with construction but does not include the cost of offsite improvements. (2) The term criminal act means any crime, including an act, omission, or possession under the laws of the United States or a State or unit of general local government which poses a substantial threat of personal injury, notwithstanding, that by reason of age, insanity, intoxication or otherwise the person engaging in the act, omission, or possession was legally incapable of committing a crime. (3)(A) The term designated State agency means an agency designated under section 101(a)(1)(A). (B)(i) any State agency unit required under section 101(a)(2)(A) of this Act, or (ii) in cases in which no such unit is so required, the State agency described in section 101(a)(B)(i) of this Act. (4)(A) the term "drug" means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812). (B) The term "illegal use of drugs" means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act. Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal Law. (5) The term "employment outcome" means, with respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market (including satisfying the vocational outcome of supported employment) or satisfying any other vocational outcome the Secretary may determine, consistent with this Act. (6) The term establishment of a community rehabilitation program includes the acquisition, expansion, remodeling, or alteration of existing buildings necessary to adapt them to community rehabilitation program purposes or to increase their effectiveness for such purposes (subject, however, to such limitations as the Secretary may determine, in accordance with regulation the Secretary shall prescribe, in order to prevent impairment of the objectives of, or duplication of, other Federal laws providing Federal assistance in the construction of facilities for community rehabilitation programs), and may include such additional equipment and staffing as the Commissioner considers appropriate. (7)(A) Subject to subparagraphs (B) and (C) the term Federal share means 78.7 percent (B) The term "Federal share means 90 percent for the purposes of part C of title I of this Act and as specifically set forth in section 111(a)(3), except that with respect to payments pursuant to part B of title I of this Act to any State which are used to meet the cost of construction of those rehabilitation facilities identified in section 103(b)(2) in such State, the Federal share shall be the percentages determined in accordance with the provisions of section 111(a)(3) applicable with respect to the State. (C) For the purpose of determining the non-Federal share with respect to a State, expenditures by a political subdivision thereof or by a local agency shall be regarded as expenditures by such State, subject to such limitations and conditions as the Secretary shall by regulation prescribe. (8)(A) Except as otherwise provided in subparagraph (B), the term individual with a disability means any individual who (i) has a physical or mental impairment which for such individual constitutes or results in a substantial impediment to employment and (ii) can benefit in terms of employment outcome from vocational rehabilitation services provided pursuant to titles I, II, III, VI, and VIII of this Act. (B) Subject to subparagraphs (C), (D), (E), and (F) the term "individual with a disability means, for purposes of sections 2, 14, and 15, and title IV and V of this Act, any person who (i) has a physical or mental impairment which substantially limits one or more of such person's major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment. (C)(i) For the purposes of title V, the term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs, when a covered entity acts on the basis of such use. (ii) Nothing in clause (i) shall be construed to exclude as an individual with a disability an individual who" (I) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use; (II) is participating in a supervised rehabilitation program and is no longer engaging in such use; or (III) is erroneously regarded as engaging in such use, but is not engaging in such use; except that it shall not be a violation of this Act for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure than an individual described in subclause (I) or (II) is no longer engaging in the illegal use of drugs. (iii) Notwithstanding clause (i), for purposes of programs and activities providing health services and services provided under title I, II, and III, an individual shall not be excluded from the benefits of such programs or activities on the basis of his or her current illegal use of drugs if he or she is otherwise entitled to such services. (iv) For purposes of programs and activities providing educational services, local educational agencies may take disciplinary action pertaining to the use or possession of illegal drugs or alcohol against any student who is an individual with a disability and currently is engaging in the illegal use of drugs or in the use of alcohol to the same extent that such disciplinary action is taken against students who are not individuals with disabilities. Furthermore, the due process procedures at 34 CFR 104.36 shall not apply to such disciplinary actions. (v) For purposes of sections 503 and 504 as such sections relate to employment, the term "individual with a disability" does not include any individual who is an alcoholic whose current use of alcohol prevents such individual from performing the duties of the job in question or whose employment, by reason of such current alcohol abuse, would constitute a direct threat to property or the safety of others. (D) For the purpose of sections 503 and 504, as such sections relate to employment, such term does not include any individual who has a currently contagious disease or infection and who, by reason of such disease or infection, would constitute a direct threat to the health or safety of other individuals or who, by reason of the currently contagious disease or infection, is unable to perform the duties of the job. (E) For the purpose of Sections 501, 503, and 504" (i) for purposes of the application of subparagraph (B) to such sections, the term impairment does not include homosexuality or bisexuality; and (ii) therefore the term "individual with a disability" does not include an individual on the basis of homosexuality or bisexuality. (F) For the purposes of section 501, 503, and 504, the term individual with a disability does not include an individual on the basis of" (i) transvestitism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (ii) compulsive gambling, kleptomania, or pyromania; or (iii) psychoactive substance use disorders resulting from current illegal use of drugs. (9) The term local agency means an agency of a unit of general local government or of an Indian tribe (or combination of such units or tribes) which has an agreement with the State agency designated pursuant to section 101(a)(1) to conduct a vocational rehabilitation program under the supervision of such State agency in accordance with the State plan approved under section 101. Nothing in the preceding sentence of this paragraph or in section 101 shall be construed to prevent the local agency from utilizing another local public or nonprofit agency to provide vocational rehabilitation services: Provided, That such an arrangement is made part of the agreement specified in this paragraph. (10) The term nonprofit, when used with respect to a community rehabilitation program, means a community rehabilitation program carried out by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1954. (11) The term "personal assistance services" means a range of services, provided by one or more persons, designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform if the individual did not have a disability. Such services shall be designed to increase the individual's control in life and ability to perform everyday activities on or off the job. (12) The term public safety officer means a person serving the United States or a State or unit of general local government, with or without compensation, in any activity pertaining to" (A) the enforcement of the criminal laws, including highway patrol, or the maintenance of civil peace by the National Guard or the Armed Forces, (B) a correctional program, facility, or institution where the activity is potentially dangerous because of contact with criminal suspects, defendants, prisoners, probationers, or parolees, (C) a court having criminal or juvenile delinquent jurisdiction where the activity is potentially dangerous because of contact with criminal suspects, defendants, prisoners, probationers, or parolees, or (D) fire fighting, fire prevention, or emergency rescue missions. (13) The term rehabilitation technology means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by individuals with disabilities in areas which include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services. (14) The term Secretary, except when the context otherwise requires, means the Secretary of Education. (15)(A) Except as provided in subparagraph (B) or (C), the term "individual with a severe disability means an individual with a disability (as defined in paragraph (8))" (i) who has a severe physical or mental impairment which seriously limits one or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; (ii) whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and (iii) who has one or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia and other spinal cord conditions, sickle-cell anemia, specific learning disabilities, end-stage renal disease, or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs described in subparagraphs (A) and (C) of paragraph (22) to cause comparable substantial functional limitations. (B) For purposes of title VII, the term "individual with a severe disability" means an individual with a severe physical or mental impairment whose ability to function independently in the family or community or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of independent living services will improve the ability to function, continue functioning, or move towards functioning independently in the family or community or to continue in employment, respectively. (C) for purposes of section 13 and title II, the term "individual with a severe disability" includes an individual described in subparagraph (A) or (B). (16) The term "State" includes, in addition to each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Island, and the Republic of Palau (until the Compact of Free Association with Palau takes effect). (17) The term vocational rehabilitation services means those services identified in section 103 which are provided to individuals with disabilities under this Act. (18)(A) The term "supported employment" means competitive work in integrated work settings for individuals with the most severe disabilities" (i)(I) for whom competitive employment has not traditionally occurred; or (II) for whom competitive employment has been interrupted or intermittent as a result of severe disability; and (ii) who, because of the nature and severity of their disability, need intensive supported employment services or extended services in order to perform such work. (B) Such term includes transitional employment for persons who are individuals with the most severe disabilities due to mental illness. (19) The term "public or nonprofit", with respect to an agency or organization, includes an Indian tribe. (20) The terms Indian, American Indian, and Indian American mean an individual who is a member of an Indian tribe. (21) The term Indian Tribe means any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaskan Native Village or regional village corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act). (22) The term "assessment for determining eligibility and vocational rehabilitation needs" means, as appropriate in each case" (A)(i) a review of existing data" (I) to determine whether an individual is eligible for vocational rehabilitation services; and (II) to assign the priority described in section 101(a)(5)(A) in the States that use an order of selection pursuant to section 101(a)(5)(A); and (ii) to the extent additional data is necessary to make such determination and assignment, a preliminary assessment of such data (including the provision of goods and services during such assessment); (B) to the extent additional data is necessary, a comprehensive assessment (including the administration of the assessment) of the unique strengths, resources, priorities, interests, and needs, including the need for supported employment, of an eligible individual to make a determination of the goals, objectives, nature, and scope of vocational rehabilitation services to be included in the individualized written rehabilitation programs of the individual, which comprehensive assessment" (i) is limited to information that is necessary to identify the rehabilitation needs of the individual and to develop the rehabilitation program of the individual; (ii) uses, as a primary source of such information, to the maximum extent possible and appropriate and in accordance with confidentiality requirements" (I) existing information; and (II) such information as can be provided by the individual and, where appropriate, by the family of the individual; (iii) may include, to the degree needed to make such a determination, an assessment of the personality, interest, interpersonal skills, intelligence and related functional capacities, educational achievements, work experience, vocational attitudes, personal and social adjustments, and employment opportunities of the individual, and the medical, psychiatric, psychological, and other pertinent vocational, educational, cultural, social, recreational, and environmental factors, that affect the employment and rehabilitation needs of the individual; and (iv) may include an appraisal of the patterns of work behavior of the individual and services needed for the individual to acquire occupational skills, and to develop work attitudes, work habits, work tolerance, and social and behavior patterns necessary for successful job performance, including the utilization of work in real job situations to assess and develop the capacities of the individual to perform adequately in a work environment; and (C)(i) referral; (ii) where appropriate, the provision of rehabilitation technology services to an individual with a disability to assess and develop the capacities of the individual to perform in a work environment; and (iii)(I) the provision of vocational rehabilitation services to an individual for a total period not in excess of 18 months for the limited purpose of making determinations regarding whether an individual is eligible for vocational rehabilitation services and regarding the nature and scope of vocational rehabilitation services needed for such individual; and (II) an assessment at least once in every 90 day period during which such services are provided, of the results of the provision of such services to an individual to ascertain whether any of the determinations described in subparagraph (I) may be made. (23) The term "assistive technology device" has the meaning given such term in section 3(1) of the Technology-Related Assistance for Individuals With Disabilities Act of 1988 (29 U.S.C. 2201(1)), except that the reference in such section to the term "individuals with disabilities" shall be deemed to mean more than one individual with a disability as defined in paragraph (8)(A). (24) The term "assistive technology service" has the meaning given such term in section 3(2) of the Technology-Related Assistance for Individuals With Disabilities Act of 1988 (29 U.S.C. 2202(2)), except that the reference in such section" (A) to the term "individual with a disability" shall be deemed to mean an individual with a disability, as defined in paragraph (8)(A); and (B) to the term "individuals with disabilities" shall be deemed to mean more than one such individual. (25) The term "community rehabilitation program" means a program that provides directly or facilitates the provision of vocational rehabilitation services to individuals with disabilities, and that provides, singly or in combination, for an individual with a disability to enable the individual to maximize opportunities for employment, including career advancement" (A) medical, psychiatric, psychological, social, and vocational services that are provided under one management; (B) testing, fitting, or training in the use of prosthetic and orthotic devices; (C) recreational therapy; (D) physical and occupational therapy; (E) speech, language, and hearing therapy; (F) psychiatric, psychological, and social services, including positive behavior management; (G) assessment for determining eligibility and vocational rehabilitation needs; (H) rehabilitation technology; (I) job development, placement, and retention services; (J) evaluation or control of specific disabilities; (K) orientation and mobility services for individuals who are blind; (L) extended employment; (M) psycho social rehabilitation services; (N) supported employment services and extended services; (O) services to family members when necessary to the vocational rehabilitation of the individual; (P) personal assistance services; or (Q) services similar to the services described in one of subparagraphs (A) through (P). (26) The term "disability" means" (A) except as otherwise provided in subparagraph (B), a physical or mental impairment that constitutes or results in a substantial impediment to employment; or (B) for purposes of sections 2, 14, and 15, and titles II, III, IV, V, and VIII, a physical or mental impairment that substantially limits one or more major life activities. (27) The term "extended services" means on going support services and other appropriate services, needed to support and maintain an individual with the most severe disability in supported employment, that" (A) are provided singly or in combination and are organized and made available in such a way as to assist an eligible individual in maintaining integrated, competitive employment; (B) are based on a determination of the needs of an eligible individual, as specified in an individualized written rehabilitation program; and (C) are provided by a State agency, a non profit private organization, employer, or any other appropriate resource, after an individual has made the transition from support provided by the designated State unit. (28)(A) The term "impartial hearing officer" means an individual" (i) who is not an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education); (ii) who is not a member of the State Rehabilitation Advisory Council described in section 105; (iii) who has not been involved in previous decisions regarding the vocational rehabilitation of the applicant or client; (iv) who has knowledge of the delivery of vocational rehabilitation services, the State plan under section 101, and the Federal and State rules governing the provision of such services and training with respect to the performance of official duties; and (v) who has no personal or financial interest that would be in conflict with the objectivity of the individual. (B) An individual shall not be considered to be an employee of a public agency for purposes of subparagraph (A)(i) solely because the individual is paid by the agency to serve as a hearing officer. (29) The term "independent living core services" means" (A) information and referral services; (B) independent living skills training; (C) peer counseling (including cross-disability peer counseling); and (D) individual and systems advocacy. (30) The term "independent living services" includes" (A) independent living core services; and (B)(i) counseling services, including psychological, psychotherapeutic, and related services; (ii) services related to securing housing or shelter, including services related to community group living, and supportive of the purposes of this Act and of the titles of this Act, and adaptive housing services (including appropriate accommodations to and modifications of any space used to serve, or occupied by, individuals with disabilities); (iii) rehabilitation technology; (iv) mobility training; (v) services and training for individuals with cognitive and sensory disabilities, including life skills training, and interpreter and reader services; (vi) personal assistance services, including attendant care and the training of personnel providing such services; (vii) surveys, directories, and other activities to identify appropriate housing, recreation opportunities, and accessible transportation, and other support services; (viii) consumer information programs on rehabilitation and independent living services available under this Act, especially for minorities and other individuals with disabilities who have traditionally been unserved or underserved by programs under this Act; (ix) education and training necessary for living in a community and participating in community activities; (x) supported living; (xi) transportation, including referral and assistance for such transportation; (xii) physical rehabilitation; (xiii) therapeutic treatment; (xiv) provision of needed prostheses and other appliances and devices; (xv) individual and group social and recreational services; (xvi) training to develop skills specifically designed for youths who are individuals with disabilities to promote self-awareness and esteem, develop advocacy and self-empowerment skills, and explore career options; (xvii) services for children; (xviii) services under other Federal, State, or local programs designed to provide resources, training, counseling, or other assistance, of substantial benefit in enhancing the independence, productivity, and quality of life of individuals with disabilities; (xix) appropriate preventive services to decrease the need of individuals assisted under this Act for similar services in the future; (xx) community awareness programs to enhance the understanding and integration into society of individuals with disabilities, and (xxi) such other services as may be necessary and not inconsistent with the provisions of this Act. (31)(A) The term "individuals with disabilities" means more than one individual with a disability. (B) The term "individuals with severe disabilities" means more than one individual with a severe disability. (C) The term "individuals with the most severe disabilities" means more than one individual with the most severe disability. (32) The term "institution of higher education" has the meaning given the term in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)). (33) The term "ongoing support services" means services" (A) provided to individuals with the most severe disabilities; (B) provided, at a minimum, twice monthly" (i) to make an assessment, regarding the employment situation, at the worksite of each such individual in supported employment, or, under special circumstances, especially at the request of the client, off site; and (ii) based on the assessment, to provide for the coordination or provision of specific intensive services, at or away from the worksite, that are needed to maintain employment stability; and (C) consisting of" (i) a particularized assessment supplementary to the comprehensive assessment described in paragraph (22)(B); (ii) the provision of skilled job trainers who accompany the individual for intensive job skill training at the work site; (iii) job development and placement; (iv) social skills training; (v) regular observation or supervision of the individual; (vi) followup services such as regular contact with the employers, the individuals, the parents, family members, guardians, advocates, or authorized representatives of the individuals, and other suitable professional and informed advisors, in order to reinforce and stabilize the job placement; (vii) facilitation of natural supports at the worksite; (viii) any other service identified in section 103; or (ix) a service similar to another service described in this subparagraph. (34) The term "supported employment services" means ongoing support services and other appropriate services needed to support and maintain an individual with the most severe disability in supported employment, that" (A) are provided singly or in combination and are organized and made available in such a way to assist an eligible individual in entering or maintaining integrated, competitive employment; (B) are based on a determination of the needs of an eligible individual, as specified in an individualized written rehabilitation program; and (C) are provided by the designated State unit for a period of time not to extend beyond 18 months, unless under special circumstances the eligible individual and the rehabilitation counselor or coordinator jointly agree to extend the time in order to achieve the rehabilitation objectives identified in the individualized written rehabilitation program. (35) The term "transition services" means a coordinated set of activities for a student, designed within an outcome-oriented process, that promotes movement from school to post school activities, including post secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities shall be based upon the individual student's needs, taking into account the student's preferences and interests, and shall include instruction, community experiences, the development of employment and other post school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation. SEC. 8. ALLOTMENT PERCENTAGE (a)(1) For purposes of section 110, the allotment percentage for any State shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States, except that (A) the allotment percentage shall in no case be more than 75 per centum or less than 33 1/3 per centum, and (B) the allotment percentage for the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Republic of Palau (until the Compact of Free Association with Palau takes effect) shall be 75 per centum. (2) The allotment percentages shall be promulgated by the Secretary between October 1 and December 31 of each even-numbered year, on the basis of the average of the per capita incomes of the States and of the United States for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning on the October 1 next succeeding such promulgation. (3) The term "United States means (but only for purposes of this subsection) the fifty States and the District of Columbia. (b) The population of the several States and of the United States shall be determined on the basis of the most recent data available, to be furnished by the Department of Commerce by October 1 of the year preceding the fiscal year for which funds are appropriated pursuant to statutory authorizations. SEC. 9. AUDIT Each recipient of a grant or contract under this Act shall keep such records as the Secretary may prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant or contract, the total cost of the project or undertaking in connection with which such grant or contract is made or funds thereunder used, the amount of that portion of the cost of the project or undertaking supplied by other sources and such records as will facilitate an effective audit. The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient of any grant or contract under this Act which are pertinent to such grant or contract. SEC. 10. NONDUPLICATION In determining the amount of any State's Federal share of expenditures for planning, administration, and services incurred by it under a State plan approved in accordance with section 101, there shall be disregarded (1) any portion of such expenditures which are financed by Federal funds provided under any other provision of law, and (2) the amount of any non-Federal funds required to be expended as a condition of receipt of such Federal funds. No payment may be made from funds provided under one provision of this Act relating to any cost with respect to which any payment is made under any other provision of this Act, except that this section shall not be construed to limit or reduce fees for services rendered by community rehabilitation programs. SEC. 11. APPLICATION OF OTHER LAWS The provisions of the Act of December 5, 1974 (Public Law 93-510*) and of title V of the Act of October 15, 1977 (Public Law 95-134) shall not apply to the administration of the provisions of this Act or to the administration of any program or activity under this Act. (NOTE: PL93-510 is the Joint Funding Simplification Act of 1974) SEC. 12. ADMINISTRATION OF THE ACT (a) In carrying out the purposes of this Act, the Commissioner may" (1) provide consultative services and technical assistance to public or nonprofit private agencies and organizations; (2) provide short-term training and technical instruction, including training for the personnel of community rehabilitation programs, centers for independent living, and other providers of services (including job coaches); (3) conduct special projects and demonstrations; (4) collect, prepare, publish, and disseminate special educational or informational materials, including reports of the projects for which funds are provided under this Act; and (5) provide monitoring and conduct evaluations. (b)(1) In carrying out the duties under this Act, the Commissioner may utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit agency or organization, in accordance with agreements between the Commissioner and the head thereof, and may pay therefor, in advance or by way of reimbursement, as may be provided in the agreement. (2) In carrying out the provisions of this Act, the Commissioner shall appoint such task forces as may be necessary to collect and disseminate information in order to improve the ability of the Commissioner to carry out the provisions of this Act. (c) The Commissioner may promulgate such regulations as are considered appropriate to carry out his duties under this Act. (d) The Secretary shall promulgate regulations regarding the requirements for the implementation of an order of selection for vocational rehabilitation services under section 101(a)(5)(A) if such services cannot be provided to all eligible individuals with disabilities who apply for such services. (e)(1) Not later than 120 days after the date of the enactment of the Rehabilitation Act Amendments of 1992, the Secretary shall receive public comment and promulgate regulations establishing criteria pertaining to the selection of vocational rehabilitation services, and of vocational rehabilitation services providers, by an individual with a disability, consistent with the individualized written rehabilitation program of the individual under section 102. (2) Regulations under paragraph (1) shall include the following: (A) Procedures that States must adopt to ensure that the services provided under this Act are of sufficient scope and quality, that the costs of such services and the length of time such services are provided are reasonable, and that such services are available in a timely manner. (B) Procedures that prevent fraud, waste, and abuse. (C) Procedures to assure that services are provided in the most integrated settings. (D) Procedures to assure that rehabilitation providers comply with State guarantees, such as" (i) affirmative action procedures with respect to the employment of individuals with disabilities; (ii) standards governing community rehabilitation programs and qualified personnel utilized for the provision of vocational rehabilitation services; and (iii) minimum standards to ensure the availability of personnel, to the maximum extent feasible, trained to communicate in the native language or mode of communication of the client. (E) Standards to be adhered to by providers to help ensure the integrity of services. (F) Guidelines for assisting individuals with disabilities and for providing information about available vocational rehabilitation service providers, especially for assisting" (i) individuals with cognitive and other disabilities who, due to the nature of the disability, require support and assistance in fully implementing the selection and procurement of services; and (ii) the parents, family members, guardians, advocates, or authorized representatives of the individuals. (f) There are authorized to be appropriated to carry out this section such sums as may be necessary. SEC. 13. REPORTS Not later than one hundred and twenty days after the close of each fiscal year, the Commissioner shall prepare and submit to the President and to the Congress a full and complete report on the activities carried out under this Act, including the activities and staffing of the information clearinghouse under section 15. The Commissioner shall annually collect information on each client whose case is closed out in the preceding fiscal year and include the information in the report required by this section. The information shall set forth a complete count of such cases in a manner permitting the greatest possible cross-classification of data. The data elements shall include, but not be limited to, age, sex, race, ethnicity, education, type of disability, severity of disability, key rehabilitation process dates, earnings at time of entry into program and at closure, work status, occupation, cost of case services, types of services provided, including types of rehabilitation technology services provided, types of facilities or agencies which furnished services and whether each such facility or agency is public or private, and reasons for closure. The Commissioner shall take whatever action is necessary to assure that the identity of each client for which information is supplied under this subsection is confidential. Such annual reports shall also include statistical data reflecting services and activities provided individuals during the preceding fiscal year. The annual report shall include an evaluation of the status of individuals with severe disabilities participating in programs under this Act. SEC. 14. EVALUATION (a) For the purpose of improving program management and effectiveness, the Secretary, in consultation with the Commissioner, shall evaluate all the programs authorized by this Act, their general effectiveness in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services, using appropriate methodology and evaluative research designs. The Secretary shall establish and use standards for the evaluations required by this subsection. The standards shall, to the extent feasible, for all appropriate programs include standards relating to the increases in employment and earnings taking into account economic factors in the area to be served by the program, the characteristics of the individuals with disabilities to be served and the employment outcomes to be attained. Evaluations shall be conducted by persons not immediately involved in the administration of the program or project evaluated. (b) In carrying out evaluations under this section, the Secretary shall obtain the opinions of program and project participants about the strengths and weaknesses of the programs and projects. (c) The Secretary shall annually publish summaries of the results of evaluative research and evaluation of program and project impact and effectiveness, including the standards used for such evaluations, the full contents of which shall be available to the Congress and the public. (d) The Secretary shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with Federal funds shall become the property of the United States. (e) Such information as the Secretary may deem necessary for purposes of the evaluations conducted under this section shall be made available upon request of the Secretary, by the departments and agencies of the executive branch. (f)(1) To assess the linkages between vocational rehabilitation services and economic and non-economic outcomes, the Secretary shall continue to conduct a longitudinal study of a national sample of applicants for the services. (2) The study shall address factors related to attrition and completion of the program through which the services are provided and factors within and outside the program affecting results. Appropriate comparisons shall be used to contrast the experiences of similar persons who do not obtain the services. (3) The study shall be planned to cover the period beginning on the application of the individuals for the services, through the eligibility determination and provision of services for the individuals, and a further period of not less than 2 years after the termination of services. (g) There are authorized to be appropriated to carry out this section such sums as may be necessary. SEC. 15. INFORMATION CLEARINGHOUSE (a) The Secretary shall establish a central clearinghouse for information and resource availability for individuals with disabilities which shall provide information and data regarding (1) the location, provision, and availability of services and programs for individuals with disabilities, (2) research and recent medical and scientific developments bearing on disabilities (and their prevention, amelioration, causes, and cures), and (3) the current numbers of individuals with disabilities and their needs. The clearinghouse shall also provide any other relevant information and data which the Secretary considers appropriate. (b) The Commissioner may assist the Secretary to develop within the Department of Education a coordinated system of information and data retrieval, which will have the capacity and responsibility to provide information regarding the information and data referred to in subsection (a) of this section to the Congress public and private agencies and organizations, individuals with disabilities and their families, professionals in fields serving such individuals, and the general public. (c) The office established to carry out the provisions of this section shall be known as the Office of Information and Resources for the Individuals with Disabilities. (d) There are authorized to be appropriated to carry out this section such sums as may be necessary. SEC. 16. TRANSFER OF FUNDS (a) Except as provided in subsection (b) of this section, no funds appropriated under this Act for any research program or activity may be used for any purpose other than that for which the funds were specifically authorized. (b) No more than 1 percent of the funds appropriated for discretionary grants, contracts, or cooperative agreements authorized by this Act may be used for the purpose of providing non-Federal panels of experts to review applications for such grants, contracts, or cooperative agreements. SEC. 17. STATE ADMINISTRATION The application of any State rule or policy relating to the administration or operation of programs funded by this Act (including any rule or policy based on State interpretation of any Federal law, regulation, or guideline) shall be identified as a State imposed requirement. SEC. 18. REVIEW OF APPLICATIONS Applications for grants or contracts in excess of $60,000 in the aggregate authorized to be funded under this Act other than grants or contracts for evaluations, dissemination, or conferences shall be reviewed by panels of experts which shall include a majority of non-Federal members. Non-Federal members may be provided travel, per diem, and consultant fees not to exceed the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382 of title 5, United States Code. SEC. 19. CARRYOVER (a) IN GENERAL Except as provided in subsection (b), and notwithstanding any other provision of law, any funds appropriated for a fiscal year to carry out any grant program under part B or C of title I, section 509, part C of title VI, or part B or C of chapter 1 of title VII, that are not obligated and expended by recipients prior to the beginning of the succeeding fiscal year shall remain available for obligation and expenditure by such recipients during such succeeding fiscal year. (b) NON-FEDERAL SHARE Such funds shall remain available for obligation and expenditure by a recipient as provided in subsection (a) only to the extent that the recipient complied with any Federal share requirements applicable to the program for the fiscal year for which the funds were appropriated. SEC. 20. CLIENT ASSISTANCE INFORMATION All programs, including community rehabilitation programs, and projects, that provide services to individuals with disabilities under this Act shall advise such individuals, or the parents, family members, guardians, advocates, or authorized representatives of the individuals, of the availability and purposes of the client assistance program under section 112, including information on means of seeking assistance under such program. SEC. 21. TRADITIONALLY UNDERSERVED POPULATIONS (a) FINDINGS With respect to the programs authorized in titles II through VIII, the Congress finds as follows: (1) RACIAL PROFILE The racial profile of America is rapidly changing. While the rate of increase for white Americans is 3.2 percent, the rate of increase for racial and ethnic minorities is much higher: 38.6 percent for Latinos, 14.6 percent for African-Americans, and 40.1 percent for Asian-Americans and other ethnic groups. By the year 2000, the Nation will have 260,000,000 people, one of every three of whom will be either African-American, Latino, or Asian-American. (2) RATE OF DISABILITY Ethnic and racial minorities tend to have disabling conditions at a disproportionately high rate. The rate of work-related disability for American Indians is about one and one-half times that of the general population. African-Americans are also one and one-half times more likely to be disabled than whites and twice as likely to be severely disabled. (3) INEQUITABLE TREATMENT Patterns of inequitable treatment of minorities have been documented in all major junctures of the vocational rehabilitation process. As compared to white Americans, a larger percentage of African-American applicants to the vocational rehabilitation system is denied acceptance. Of applicants accepted for service, a larger percentage of African-American cases is closed without being rehabilitated. Minorities are provided less training than their white counterparts. Consistently, less money is spent on minorities than on their white counterparts. (4) RECRUITMENT Recruitment efforts within vocational rehabilitation at the level of pre-service training, continuing education, and in-service training must focus on bringing larger numbers of minorities into the profession in order to provide appropriate practitioner knowledge, role models, and sufficient manpower to address the clearly changing demography of vocational rehabilitation. (b) OUTREACH TO MINORITIES (1) POLICY The Commissioner shall develop a policy to mobilize the resources of the Nation to prepare minorities for careers in vocational rehabilitation, independent living, and related services. (2) FOCUS This policy shall focus on" (A) The recruitment of minorities into the field of vocational rehabilitation counseling and related disciplines; and (B) financially assisting Historically Black Colleges and Universities, Hispanic-serving institutions of higher education, and other institutions of higher education whose minority enrollment is at least 50 percent to prepare students for vocational rehabilitation and related service careers. (3) PLAN (A) DEVELOPMENT The Commissioner shall develop a plan to provide outreach services and other related activities (such as cooperative efforts) to the entities described in subparagraph (B) in order to enhance the capacity and increase the participation of such entities in competitions for grants, contracts, and cooperative agreements under titles I through VIII. (B) ENTITIES The entities referred to in subparagraph (A) are" (i) Historically Black Colleges and Universities, Hispanic-serving institutions of higher education, and other institutions of higher education whose minority student enrollment is at least 50 percent; (ii) nonprofit and for-profit agencies at least 51 percent owned or controlled by one or more minority individuals; and (iii) underrepresented populations. (C) FUNDING For the purpose of implementing the plan required in subparagraph (A), the Commissioner shall, for each of the fiscal years 1993 through 1997, expend 1 percent of the funds appropriated for the fiscal year involved for carrying out programs authorized in titles II through VIII of this Act, except programs authorized under title IV or V. (3) EFFORT The Commissioner shall exercise the utmost authority, resourcefulness, and diligence to meet the requirements of this section. (4) REPORT (A) IN GENERAL Not later than January 31 of each year, starting with fiscal year 1994, the Commissioner shall prepare and submit to Congress a final report on the progress toward meeting the goals of this section during the preceding fiscal year. (B) CONTENTS The report shall include" (i) a full explanation of any progress toward meeting the goals of this section; and (ii) a plan to meet the goals, if necessary. (5) DEMONSTRATION In awarding grants, contracts, or cooperative Agreements under Titles I, II, III, VI, VII, and VIII, and section 509, the Commissioner and the Director of the National Institute on Disability and Rehabilitation Research, where appropriate, shall require applicants to demonstrate how they will address, in whole or in part, the needs of individuals with disabilities from minority backgrounds.