TITLE I-VOCATIONAL REHABILITATION SERVICES
Part A-General Provisions
SEC. 100. DECLARATION OF POLICY; AUTHORIZATION OF
APPROPRIATIONS
(a)(1) Congress finds that"
(A) work"
(i) is a valued activity, both for individuals and
society; and
(ii) fulfills the need of an individual to be
productive, promotes independence, enhances
self-esteem, and allows for participation in the
mainstream of life in America;
(B) as a group, individuals with disabilities experience
staggering levels of unemployment and poverty;
(C) individuals with disabilities, including individuals
with the most severe disabilities, have demonstrated
their ability to achieve gainful employment in
integrated settings if appropriate services and
supports are provided;
(D) reasons for the significant number of individuals
with disabilities not working, or working at a level
not commensurate with their abilities and
capabilities, include"
(i) discrimination;
(ii) lack of accessible and available
transportation;
(iii) fear of losing health coverage under the
Medicare and Medicaid programs under titles XVIII
and XIX of the Social Security Act (42 U.S.C. 1395
et seq. and 1396 et seq.) or fear of losing
existing private health insurance; and
(iv) lack of education, training, and supports to
meet job qualification standards necessary to enter
or retain or advance in employment;
(E) enforcement of title V and of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq. )
holds the promise of ending discrimination of
individuals with disabilities; and
(F) the provision of vocational rehabilitation services
can enable individuals with disabilities, including
individuals with the most severe disabilities, to
pursue meaningful careers by securing gainful
employment commensurate with their abilities and
capabilities.
(2) The purpose of this title is to assist States in
operating a comprehensive, coordinated, effective,
efficient, and accountable program of vocational
rehabilitation that is designed to assess, plan,
develop, and provide vocational rehabilitation services
for individuals with disabilities, consistent with their
strengths, resources, priorities, concerns, abilities,
and capabilities, so that such individuals may prepare
for and engage in gainful employment.
(3) It is the policy of the United States that such a
program shall be carried out in a manner consistent with
the following principles:
(A) Individuals with disabilities, including individuals
with the most severe disabilities, are generally
presumed to be capable of engaging in gainful
employment and the provision of individualized
vocational rehabilitation services can improve their
ability to become gainfully employed.
(B) Individuals with disabilities must be provided the
opportunities to obtain gainful employment in

integrated settings.
(C) Individuals with disabilities must be active
participants in their own rehabilitation programs,
including making meaningful and informed choices
about the selection of their vocational goals and
objectives and the vocational rehabilitation services
they receive.
(D) Families and natural supports can play an import
role in the success of a vocational rehabilitation
program, if the individual with a disability
requests, desires, or needs such supports.
(E) Qualified vocational rehabilitation counselors,
other qualified rehabilitation personnel, and other
qualified personnel facilitate the accomplishment of
the employment goals and objectives of an
individual.
(F) Individuals with disabilities and their advocates
are full partners in the vocational rehabilitation
program and must be involved on a regular basis and
in a meaningful manner with respect to policy
development and implementation.
(G) Accountability measures must facilitate and not
impede the accomplishment of the goals and objectives
of the program, including providing vocational
rehabilitation services to, among others, individuals
with the most severe disabilities.
(b)(1) For the purposes of making grants to States under
part B (other than grants under section 112) to assist
States in meeting the costs of vocational
rehabilitation services provided in accordance with
State plans under section 101, there are authorized to
be appropriated such sums as may be necessary of fiscal
years 1993 through 1997, except that the amount to be
appropriated for a fiscal year shall not be less than
the amount of the appropriation under this subsection
for the immediately preceding fiscal year, plus the
amount of the Consumer Price Index addition determined
under subsection (c) for the immediately preceding
fiscal year.
(2) There are authorized to be appropriated to carry out
part C such sums as may be necessary for fiscal years
1993 through 1997.
(c)(1) No later than November 15 of each fiscal year
(beginning with the fiscal year 1979), the Secretary of
Labor shall publish in the Federal Register the
percentage change in the price index published for
October of the preceding fiscal year and October of the
fiscal year in which such publication is made.
(2)(A) If in any fiscal year the percentage change
published under paragraph (1) indicates an increase in
the price index, then the amount to  be appropriated
under subsection (b) for the subsequent fiscal year
shall be at least the amount appropriated for the
fiscal year in which the publication is made under
paragraph (1) increased by such percentage change.

(B) If in any fiscal year the percentage change
published under paragraph (1) does not indicate an
increase in the price index, then the amount to be
appropriated under subsection (b) for the subsequent
fiscal year shall be at least the amount appropriated
for the fiscal year in which the publication is made
under paragraph (1).
(3) For purposes of this subsection, the term  Consumer
price index means the Consumer Price Index for All
Urban Consumers, published monthly by the Bureau of
Labor Statistics.
(d)(1)(A) Unless the Congress in the regular session which
ends prior to the beginning of the terminal fiscal
year"
(i) of the authorization of appropriations for the
program authorized by the State grant program under
part B of this title; or
(ii) of the duration of the program authorized by the
State grant program under part B of this title;
has passed legislation which would have the effect
of extending the authorization or duration (as the
case may be) of such program, such authorization is
automatically extended for one additional year for
the program authorized by this title.
(B) The amount authorized to be appropriated for the
additional fiscal year described in subparagraph (A)
shall be the amount equal to the amount appropriated
for such program for fiscal year plus the amount of
the Consumer Price Index addition determined under
subsection (c) for the immediately preceding fiscal
year.
(2)(A) For the purposes of subdivision (i) of paragraph
(1), the Congress shall not have been deemed to have
passed legislation unless such legislation becomes
law.
(B) In any case where the Commissioner is required under
an applicable statute to carry out certain acts or
make certain determinations which are necessary for
the continuation of the program authorized by this
title, if such acts or determinations are required
during the terminal year of such program, such acts
and determinations shall be required during any
fiscal year in which that part of paragraph (1) of
this subsection which follows subdivision (ii) of
paragraph (1) is in operation.
SEC. 101. STATE PLANS
(a) In order to be eligible to participate in programs under
this title, a State shall submit to the Commissioner a
State plan for vocational rehabilitation services for a
3-year period, or shall submit the plan on such date, and
at such regular intervals, as the Secretary may determine
to be appropriate to coincide with the intervals at which
the State submits State plans under other Federal laws,
such as part B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et seq.). In order to be

eligible to participate in programs under this title, a
State, upon the request of the Commissioner, shall make
such annual revisions in the plan as may be necessary.
(1)(A) designate a State agency as the sole State agency
to administer the plan, or to supervise its
administration by a local agency, except that 
(i) where under the State's law the State Agency for
individuals who are blind or other agency which
provides assistance or services to adults who are
blind, is authorized to provide vocational
rehabilitation services to such individuals, such
agency may be designated as the sole State agency
to administer the part of the plan under which
vocational rehabilitation services are provided for
individuals who are blind (or to supervise the
administration of such part by a local agency) and
a separate State agency may be designated as the
sole State agency with respect to the rest of the
State plan, 
(ii) the Commissioner, upon the request of a State,
may authorize such agency to share funding and
administrative responsibility with another agency
of the State or with a local agency in order to
permit such agencies to carry out a joint program
to provide services to individuals with
disabilities, and may waive compliance with respect
to vocational rehabilitation services furnished
under such programs with the requirement of
paragraph (4) of this subsection that the plan be
in effect in all political subdivisions of that
State;
(iii) in the case of American Samoa, the appropriate
State agency shall be the Governor of American
Samoa.
(B) provide that the State agency so designated to
administer or supervise the administration of the
State plan, or (if there are two State Agencies
designated under subparagraph (A) of this paragraph)
to supervise or administer the part of the State plan
that does not relate to services for individuals who
are blind, shall be 
(i) a State agency primarily concerned with
vocational rehabilitation, or vocational and other
rehabilitation, of individuals with disabilities,
(ii) the State agency administering or supervising
the administration of education or vocational
education in the State, or
(iii) a State agency which includes at least two
other major organizational units each of which
administers one or more of the major public
education, public health, public welfare, or labor
programs of the State;
(2) provide, except in the case of agencies described in
paragraph (1)(B)(i)"
(A) that the State agency designated pursuant to

paragraph (1) (or each State agency if two are so
designated) shall include a vocational rehabilitation
bureau, division, or other organizational unit which

(i) is primarily concerned with vocational
rehabilitation, or vocational and other
rehabilitation, of individuals with disabilities,
and is responsible for the vocational
rehabilitation program of such State agency,
(ii) has a full-time director, and
(iii) has a staff employed on such rehabilitation
work of such organizational unit all or
substantially all of whom are employed full time on
such work; and
(B)(i) that such unit shall be located at an
organizational level and shall have an
organizational status within such State agency
comparable to that of other major organizational
units of such agency, or 
(ii) in the case of an agency described in paragraph
(1)(B)(ii), either that such unit shall be so
located and have such status, or that the director
of such unit shall be the executive officer of such
State agency; except that, in the case of a State
which has designated only one State agency pursuant
to paragraph (1) of this subsection, such State
may, if it so desires, assign responsibility for
the part of the plan under which vocational
rehabilitation services are provided for
individuals who are blind to one organizational
unit of such agency, and assign responsibility for
the rest of the plan to another organizational unit
of such agency, with the provisions of this
paragraph applying separately to each of such
units;
(3) provide for financial participation by the State, or
if the State so elects, by the State and local agencies
to meet the amount of the non-Federal share;
(4) provide that the plan shall be in effect in all
political subdivisions, except that in the case of any
activity which, in the judgment of the Commissioner, is
likely to assist in promoting the vocational
rehabilitation of substantially larger numbers of
individuals with disabilities or groups of individuals
with disabilities the Commissioner may waive compliance
with the requirement herein that the plan be in effect
in all political subdivisions of the State to the extent
and for such period as may be provided in accordance
with regulations prescribed by him, but only if the
non-Federal share of the cost of such vocational
rehabilitation services is met from funds made available
by a local agency (including, to the extent permitted by
such regulations, funds contributed to such agency by a
private agency, organization, or individual);
(5)(A) contain the plans, policies, and methods to be

followed in carrying out the State plan and in its
administration and supervision, including the results
of a comprehensive, State-wide assessment of the
rehabilitation needs of individuals with severe
disabilities residing within the State and the State's
response to the assessment, a description of the
method to be used to expand and improve services to
individuals with disabilities with the most severe
disabilities including individuals served under part C
of title VI of this Act, and a description of the
method to be used to utilize community rehabilitation
programs to the maximum extent feasible, an
explanation of the methods by which the State will
provide vocational rehabilitation services to all
individuals with disabilities within the State who are
eligible for such services, and, in the event that
vocational rehabilitation services cannot be provided
to all eligible individuals with disabilities who
apply for such services,
(i) show and provide the justification for the order
to be followed in selecting individuals to whom
vocational rehabilitation services will be provided
and 
(ii) show the outcomes and service goals and the time
within which they may be achieved, for the
rehabilitation of such individuals, which order of
selection for the provision of vocational
rehabilitation services shall be determined on the
basis of serving first individuals with the most
severe disabilities in accordance with criteria
established by the State, and shall be consistent
with priorities in such order of selection so
determined, and outcome and service goals for
serving individuals with disabilities, established
in regulations prescribed by the Commissioner;
(B) provide satisfactory assurances to the Commissioner
that the State has studied and considered a broad
variety of means for providing services to
individuals with the most severe disabilities
including the use of funds under part C of title VI
to supplement funds under part B of this title to pay
for the cost of services leading to supported
employment; and
(C) describe"
(i) how a broad range of rehabilitation technology
services will be provided at each stage of the
rehabilitation process;
(ii) how a broad range of such rehabilitation
technology services will be provided on a
state-wide basis; and
(iii) the training that will be provided to
vocational rehabilitation counselors, client
assistance personnel, and other related services
personnel;
(6)(A) provide for such methods of administration, other

than methods relating to the establishment and
maintenance of personnel standards, as are found by
the Commissioner to be necessary for the proper and
efficient administration of the plan (including a
requirement that the State agency and facilities in
receipt of assistance under this title shall take
affirmative action to employ and advance in employment
qualified individuals with disabilities covered under,
and on the same terms and conditions as set forth in,
section 503); and
(B) provide satisfactory assurances that facilities used
in connection with the delivery of services assisted
under the plan will comply with the Act of August 12,
1968, commonly known as the Architectural Barriers
Act of 1968, with section 504 of this Act, and with
the Americans with Disabilities Act of 1990.;
(7)(A) include a description (consistent with the purposes
of this Act) of a comprehensive system of personnel
development, which shall include"
(i) a description of the procedures and activities
the State agency will undertake to ensure an
adequate supply of qualified State rehabilitation
professionals and paraprofessionals for the
designated State unit, including the development
and maintenance of a system for determining, on an
annual basis"
(I) the number and type of personnel that are
employed by the State agency in the provision of
vocational rehabilitation services, including
ratios of counselors to clients; and 
(II) the number and type of personnel needed by the
State, and a projection of the numbers of such
personnel that will be needed in 5 years, based
on projections of the number of individuals to be
served, the number of such personnel who are
expected to retire or leave the field, and other
relevant factors;
(ii) where appropriate, a description of the manner
in which activities will be undertaken through this
section to coordinate the system of personnel
development with personnel development under the
Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.)
(iii) a description of the development and
maintenance of a system of determining, on an
annual basis, information on the institutions of
higher education within the State that are
preparing rehabilitation professionals, including"
(I) the numbers of students enrolled in such
programs; and
(II) the number who graduated with certification or
licensure, or with credentials to qualify for
certification or licensure, during the past
year;
(iv) a description of the development, updating, and

implementation of a plan that"
(I) will address the current and projected
vocational rehabilitation services personnel
training needs for the designated State unit;
and
(II) provides for the coordination and facilitation
of efforts between the designated State unit and
institutions of higher education (as defined in
section 1201 (a) of the Higher Education Act of
1965 (20 U.S.C. 1141(a))) and professional
associations to recruit, prepare and retain
qualified personnel, including personnel from
minority backgrounds, and personnel who are
individuals with disabilities; and
(v) a description of the procedures and activities
the State agency will undertake to ensure that all
personnel employed by the designated State unit are
appropriately and adequately trained and prepared,
including"
(I) a system for the continuing education of
rehabilitation professionals and
paraprofessionals within the designated State
unit, particularly with respect to rehabilitation
technology; and
(II) procedures for acquiring and disseminating to
rehabilitation professionals and
paraprofessionals within the designated State
unit significant knowledge from research and
other sources, including procedures for providing
training regarding the amendments to the
Rehabilitation Act of 1973 made by the
Rehabilitation Act Amendments of 1992;
(B) set forth policies and procedures relating to the
establishment and maintenance of standards to ensure
that personnel, including professionals and
paraprofessionals, needed within the State agency to
carry out this part are appropriately and adequately
prepared and trained, including"
(i) the establishment and maintenance of standards
that are consistent with any national or State
approved or recognized certification, licensing,
registration, or other comparable requirements that
apply to the area in which such personnel are
providing vocational rehabilitation services; and
(ii) to the extent such standards are not based on
the highest requirements in the State applicable to
a specific profession or discipline, the steps the
State is taking to require the retraining or hiring
of personnel within the designated State unit that
meet appropriate professional requirements in the
State; and
(C) contain provisions relating the establishment and
maintenance of minimum standards to ensure the
availability of personnel within the designated State
unit, to the maximum extent feasible, trained to

communicate in the native language or mode of
communication of the client;
(8) provide, at a minimum, for the provision of the
vocational rehabilitation services specified in
paragraphs (1) through (3) and paragraph 12 of section
103(a), and for the provision of such other services as
are specified under such section after a determination
that comparable services and benefits are not available
under any other program, except that except that such a
determination shall not be required"
(A) if the determination would delay the provision of
such services to any individual at extreme medical
risk; or
(B) prior to the provision of such services if an
immediate job placement would be lost due to a delay
in the provision of such comparable benefits;
(9) provide that"
(A) to the maximum extent appropriate, and consistent
with the requirements of this Act, existing
information available from other programs and
providers (particularly information used by education
officials and the Social Security Administration) and
information that can be provided by the individual
with a disability or the family of the individual
shall be used for purposes of determining eligibility
for vocational rehabilitation services and for
choosing rehabilitation goals, objectives, and
services; 
(B) an individual written rehabilitation program meeting
the requirements of section 102 will be developed for
each individual with a disability eligible for
vocational rehabilitation services under this Act;
(C) such services will be provided under the plan in
accordance with such program, and;
(D) records of the characteristics of each applicant
will be kept, specifying, as to those individuals who
apply for services under this title and are
determined not to be eligible therefor, the reasons
for such determinations in such detail as required by
the Commissioner in order for him to analyze and
evaluate annually the reasons for and numbers of such
ineligibility determinations as part of his
responsibilities under Section 13, and that the State
agency will at least annually categorize and analyze
such reasons and numbers and report this information
to the Commissioner and will not later than 12 months
after each such determination, review each such
ineligibility determination in accordance with the
criteria set forth in section 102;
(10)(A) provide that the State agency will make such
reports in such form, containing such information
(including the data described in subparagraph (C) of
paragraph (9) of this subsection, periodic estimates
of the population of individuals with disabilities
eligible for services under this Act in such State,

specifications of the number of such individuals who
will be served with funds provided under this Act and
the outcomes and service goals to be achieved for such
individuals in each priority category specified in
accordance with paragraph (5) of this subsection, and
the service costs for each such category), and at such
time as the Commissioner may require to carry out the
functions of the Commissioner under this title, and
comply with such provisions as are necessary to assure
the correctness and verification of such reports; and
(B) provide that reports under subparagraph (A) will
include information on"
(i) the number of such individuals who are evaluated
and the number rehabilitated;
(ii) the costs of administration, counseling,
provision of direct services, development of
community rehabilitation programs, and other
functions carried out under this Act; and
(iii) the utilization by such individuals of other
programs pursuant to paragraph (11);
(11)(A) provide for interagency cooperation with, and the
utilization of the services and facilities of, the
State agencies administering the State's public
assistance programs, other programs for individuals
with disabilities, veterans programs, community mental
health programs, manpower programs, and public
employment offices, and the Social Security
Administration, of the Department of Health and Human
Services, the Veterans' Administration, and other
Federal, State, and local public agencies providing
services related to the rehabilitation of individuals
with disabilities (specifically including arrangements
for the coordination of services to individuals
eligible for services under this Act, the Education of
the Handicapped Act, (20 U.S.C. 1400 et seq.), the
Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.), and the act
entitled "an act to create a committee on purchases of
blind-made products and for other purposes", approved
June 25, 1938, (commonly known as the Wagner-O'Day
Act; 41 U.S.C. 46 et seq.); 
(B) provide that cooperation under subparagraph (A)
shall include, to the extent practicable, means for
providing training to staff of the agencies described
in subparagraph (A) as to the availability and
benefits of, and eligibility standards for,
vocational rehabilitation services, in order to
enhance the opportunity of individuals receiving the
services described in subparagraph (A) to obtain
vocational rehabilitation services; and
(C) in providing for interagency cooperation under
subparagraph (A), provide for such cooperation by
means including, if appropriate"
(i) establishing interagency working groups; and
(ii) entering into formal interagency cooperative

agreements that"
(I) identify policies, practices, and procedures
that can be coordinated among the agencies
(particularly definitions, standards for
eligibility, the joint sharing and use of
evaluations and assessments, and procedures for
making referrals);
(II) identify available resources and define the
financial responsibility of each agency for
paying for necessary services (consistent with
State law) and procedures for resolving disputes
between agencies; and
(III) include all additional components necessary to
ensure meaningful cooperation and coordination;
(12)(A) provide satisfactory assurances to the
Commissioner that, in the provision of vocational
rehabilitation services, maximum utilization shall be
made of public or other vocational or technical
training programs or other appropriate resources in
the community; and
(B) provide (as appropriate) for entering into
agreements with the operators of community
rehabilitation programs for the provision of services
for the rehabilitation of individuals with
disabilities;
(13)(A) provide that vocational rehabilitation services
provided under the State plan shall be available to
any civil employee of the United States disabled while
in the performance of his duty on the same terms and
conditions as apply to other persons, and
(B) provide that special consideration will be given to
the rehabilitation under this act of an individual
with a disability whose disability was sustained in
the line of duty while such individual was performing
as a public safety officer and the proximate cause of
such disability was a criminal act, apparent criminal
act, or hazardous condition resulting directly from
the officer's performance of duties in direct
connection with the enforcement, execution, and
administration of law or fire prevention, fire
fighting, or related public safety activities;
(14) provide that no residence requirement will be imposed
which excludes from services under the plan any
individual who is present in the State;
(15) provide for continuing; and statewide studies of the
needs of individuals with disabilities and how these
needs may be most effectively met,
(A) including a full needs assessment for serving
individuals with severe disabilities and
(B) including the capacity and effectiveness of
community rehabilitation programs, plans for
improving such programs and policies for the use
thereof by the State agency;
(C) review of the efficacy of the criteria employed with
respect to ineligibility determinations described in

paragraph (9)(C) of this subsection with a view
toward the relative need for services to significant
segments of the population of individuals with
disabilities and the need for expansion of services
to those individuals with the most severe
disabilities; and
(D) outreach procedures to identify and serve
individuals with disabilities who are minorities and
individuals with disabilities who have been unserved
or underserved by the vocational rehabilitation
system.
(16) provide for" 
(A)(i) at least annual review and reevaluation of the
status of each individual with a disability placed
in an extended employment setting in a community
rehabilitation program (including a workshop) or
other employment under section 14(c) of the Fair
Labor Standards Act (29 U.S.C. 214(c)), to determine
the interests, priorities, and needs of the
individual for employment, or training for
competitive employment, in an integrated setting in
the labor market; and
(ii) input into the review and reevaluation by the
individual with a disability, or, in an appropriate
case, a parent, a family member, a guardian, an
advocate, or an authorized representative, of the
individual, if the individual requests, desires, or
needs assistance;
(B) maximum efforts, including the identification of
vocational rehabilitation services, reasonable
accommodations, and other support services, to enable
such an individual to benefit from training or to be
placed in employment in an integrated setting; and
(C) services designed to promote movement from extended
employment to integrated employment, including
supported employment, independent living, and
community participation;
(17) provide that if, under special circumstances, the
State plan includes provisions for the construction of
facilities for community rehabilitation programs"
(A) the Federal share of the cost of construction
thereof for a fiscal year will not exceed an amount
equal to 10 per centum of the State's allotment for
such year.
(B) the provisions of section 306 shall be applicable to
such construction and such provisions shall be deemed
to apply to such construction, and
(C) there shall be compliance with regulations the
Commissioner shall prescribe designed to assure that
no State will reduce its efforts in providing other
vocational rehabilitation services (other than for
the establishment of facilities for community
rehabilitation programs) because its plan includes
such provisions for construction;
(18) provide satisfactory assurances to the Commissioner

that the State agency designated pursuant to paragraph
(1) (or each State agency if two are so designated) and
any sole local agency administering the plan in a
political subdivision of the State will take into
account, in connection with matters of general policy
arising in the administration of the plan, the views of
individuals and groups thereof who are recipients of
vocational rehabilitation services (or, in appropriate
cases, their parents or guardians), personnel working in
the field of vocational rehabilitation, providers of
vocational rehabilitation services, and the Director of
the client assistance program under section 112.
(19) provide satisfactory assurance to the Commissioner
that the continuing studies required under paragraph
(15) of this subsection, as well as an annual evaluation
of the effectiveness of the program in meeting the goals
and priorities set forth in the plan, will form the
basis for the submission, from time to time as the
Commissioner may require, of appropriate amendments to
the plan, and for developing and updating the strategic
plan required under part C.;
(20) provide satisfactory assurances to the Commissioner
that, as appropriate, the State shall actively consult
with Indian tribes and tribal organizations and native
Hawaiian organizations in the development of the State
plan, and that, except as otherwise provided in section
130, the State shall provide vocational rehabilitation
services to American Indians who are individuals with
disabilities residing in the State to the same extent as
the State provides such services to other significant
segments of the population of individuals with
disabilities residing in the State;
(21) provide that the State agency has the authority to
enter into contracts with profit making organizations
for the purpose of providing on-the-job training and
related programs for individuals with disabilities under
part B of title VI upon a determination by such agency
that such profit making organizations are better
qualified to provide such rehabilitation services than
nonprofit agencies and organizations;
(22) provide for the establishment and maintenance of
information and referral programs (the staff of which
shall include, to the maximum extent feasible,
interpreters for individuals who are deaf) in sufficient
numbers to assure that individuals with disabilities
within the State are afforded accurate vocational
rehabilitation information and appropriate referrals to
other Federal and State programs and activities which
would benefit them;
(23)(A) provide satisfactory assurances that in the
formulation of policies governing the provision of
rehabilitation services consistent with the State
plan, and any revisions, that the State agency
conducts public meetings throughout the State, after
appropriate and the sufficient notice, to allow

interested groups and organizations and all segments
of the public an opportunity to comment on the State
plan, before development of the plan by the State,
(B) include a summary of such comments and the State
agency's response to such comments, and
(C) provide satisfactory assurances that the State
agency will consult with the Director of the client
assistance program under section 112 in the
formulation of policies governing the provision of
vocational rehabilitation services consistent with
the State plan and other revisions;
(24) contain plans, policies, and procedures to be
followed (including entering into a formal interagency
cooperative agreement, in accordance with paragraph
(11)(C)(ii), with education officials responsible for
the provision of a free appropriate public education to
students who are individuals with disabilities) that are
designed to"
(A) facilitate the development and accomplishment of"
(i) long-term rehabilitation goals;
(ii) intermediate rehabilitation objectives; and
(iii) goals and objectives related to enabling a
student to live independently before the student
leaves a school setting,
to the extent the goals and objectives described in
clauses (i) through (iii) are included in an
individualized education program of the student,
including the specification of plans for coordination
with the educational agencies in the provision of
transition services;
(B) facilitate the transition from the provision of a
free appropriate public education under the
responsibility of an education agency to the
provision of vocational rehabilitation services under
the responsibility of the designated State unit,
including the specification of plans for coordination
with education agencies in the provision of
transition services authorized under section
103(a)(14) to an individual, consistent with the
individualized written rehabilitation program of the
individual; and
(C) provide that such plans, policies, and procedures
will address"
(i) provisions for determining State lead agencies
and qualified personnel responsible for transition
services;
(ii) procedures for outreach to and identification of
youth in need of such services; and
(iii) a timeframe for evaluation and followup of
youth who have received such services.
(25) provide assurances satisfactory to the Secretary 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 under part B of this title for the
cost of services leading to supported employment.

(26) described the manner in which on-the-job or other
related personal assistance services will be provided to
assist individuals with disabilities while the
individuals are receiving vocational rehabilitation
services;
(27) describe the manner in which cooperative agreements
with private nonprofit vocational rehabilitation service
providers will be established;
(28) identify the needs and utilization of community
rehabilitation programs under the Act commonly known as
the Wagner-O'Day Act (41 U.S.C. 46 et seq.);
(29) described the manner in which individuals with
disabilities will be given choice and increased control
in determining their vocational rehabilitation goals and
objectives;
(30) describe the manner in which students who are
individuals with disabilities and who are not in special
education programs can access and receive vocational
rehabilitation services, where appropriate;
(31) describe the manner in which assistive technology
devices and services will be provided; or worksite
assessments will be made as part of the assessment for
determining eligibility and vocational rehabilitation
needs of an individual;
(32) describe the manner in which the State will modify
the policies and procedures of the State based on
consumer satisfaction surveys conducted by the State
Rehabilitation Advisory Council;
(33) provide for coordination and working relationships
with the Statewide Independent Living Council
established under section 705 and independent living
centers within the State;
(34) provide satisfactory assurances to the Commissioner
that the State"
(A) has developed and implemented a strategic plan for
expanding and improving vocational rehabilitation
services for individuals with disabilities on a
statewide basis in accordance with part C of this
title; and
(B) will use at least 1.5 percent of the allotment of
the State under part B for the uses described in
section 123;
(35)(A) describe how the system for evaluating the
performance of rehabilitation counselors,
coordinators, and other personnel used in the State
facilitates the accomplishment of the purpose and
policy of this title, including the policy of serving,
among others, individuals with the most severe
disabilities; and
(B) provide satisfactory assurances that the system in
no way impedes such accomplishment; and
(36) provide satisfactory assurances to the Commissioner
that"
(A)(i) the State has established a State Rehabilitation
Advisory council that meets the criteria set forth

in section 105;
(ii) the designated State agency and the disunited
State unit seek and seriously consider on a regular
and ongoing basis advice from the Council regarding
the development and implementation of the State
plan and the strategic plan and amendments to the
plans, and other policies and procedures of general
applicability pertaining to the provision of
vocational rehabilitation services in the State;
(iii) the designated State agency includes, in its
State plan or an amendment to the plan, a summary
of advice provided by the Council, including
recommendations from the annual report of the
Council, the survey of consumer satisfaction, and
other reports prepared by the Council, and the
response of the designated State agency to such
advice and recommendations (including explanations
with respect to advice and recommendations that
were rejected); and
(iv) the designated State unit transmits to the
Council"
(I) all plans, reports, and other information
required under the Act to be submitted to the
Commissioner;
(II) all policies, practices, and procedures of
general applicability provided to or used by
rehabilitation personnel; and
(III) copies of due process hearing decisions, which
shall be transmitted in such a manner as to
preserve the confidentiality of the participants
in the hearing;
(B) an independent commission"
(i) is responsible under State law for overseeing the
operation of the designated State agency;
(ii) is consumer-controlled by persons who"
(I) are individuals with physical or mental
impairments that substantially limit major life
activities; and
(II) represent individuals with a broad range of
disabilities;
(iii)includes individuals representing family
members, advocates, and authorized representatives
of individuals with mental impairments; and
(iv) undertakes the function set forth in section
105(c)(3); or
(C) in the case of a State that, under section
101(a)(1)(A)(i), designated a State agency to
administer the part of the State plan under which
vocational rehabilitation services are provided for
individuals who are blind and designates a separate
State agency to administer the remainder of the State
plan"
(i) an independent commission is responsible under
State law for overseeing both such agencies and
meets the requirements of subparagraph (B)(ii); or

(ii)(I) an independent commission is responsible
under State law for overseeing the first agency
described in this subparagraph and meets the
requirements of subparagraph (B)(ii); and
(II) an independent commission is responsible under
State law for overseeing the second State agency
described in this subparagraph and is required by
such State law to be consumer-controlled by
individuals who are blind and to represent
individuals who are blind.
(b) The Commissioner shall approve any plan which the
Commissioner finds fulfills the conditions specified in
subsection (a) of this section, and shall disapprove any
plan which does not fulfill such conditions. Prior to such
disapproval, the Commissioner shall notify a State of the
intention to disapprove its plan, and shall afford such
State reasonable notice and opportunity for hearing.
SEC. 102. INDIVIDUALIZED WRITTEN REHABILITATION PROGRAM
(a)(1) An individual is eligible for assistance under this
title if the individual"
(A) is an individual with a disability under section
7(8)(A); and
(B) requires vocational rehabilitation services to
prepare for, enter, engage in, or retain gainful
employment.
(2) An individual who has a disability or is blind as
determined pursuant to title II or title XVI of the
Social Security Act (42 U.S.C. 401 et seq. and 1381 et
seq.) shall be considered to have"
(A) a physical or mental impairment which for such
individual constitutes or result in a substantial
impediment to employment under section 7(8)(A)(i);
and
(B) a severe physical or mental impairment which
seriously limits one or more functional capacities in
terms of an employment outcome under section
7(15)(A)(i).
(3) Determinations made by officials of other agencies,
particularly the education officials described in
section 101(a)(24), regarding whether an individual
satisfies one or more factors relating to whether an
individual is an individual with a disability under
section 7(8)(A) or an individual with a severe
disability under section 7(15)(A), shall be used (to the
extent appropriate and available and consistent with the
requirements under this Act) for making such
determinations under this Act.
(4)(A) It shall be presumed that an individual can benefit
in terms of an employment outcome from vocational
rehabilitation services under section 7(8)(A)(ii),
unless the designated State unit can demonstrate by
clear and convincing evidence that such individuals is
incapable of benefiting from vocational rehabilitation
services in terms of an employment outcome. 
(B) In making the demonstration required under

subparagraph (A) with respect to cases in which the
issue concerns the severity of the disability of an
individual, the designated State unit shall first
conduct an extended evaluation by providing the
services described in subparagraph (C)(iii)(I), and
conducting the assessment described in subparagraph
(C)(iii)(II), of section 7(22).
(5)(A) The designated State unit shall 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 individuals has submitted an application to
receive the services unless"
(i) the designated State unit notifies the individual
that exceptional and unforeseen circumstances
beyond the control of the agency preclude the
agency from completing the determination within the
prescribed time and the individual agrees that an
extension of time is warranted; or
(ii) such an extended evaluation is required.
(B) The determination of eligibility shall be based on
the review of existing data described in section
7(22)(A)(i), and, to the extent necessary, the
preliminary assessment described in section
7(22)(A)(iii).
(6) The designated State unit shall ensure that a
determination of ineligibility made with respect to an
individual prior to the initiation of an individualized
written rehabilitation program, based on the review, and
to the extent necessary, the preliminary assessment,
shall include specification of"
(A) the reasons for such a determination;
(B) the rights and remedies available to the individual,
including, if appropriate, recourse to the processes
set forth in subsections (b)(2) and (d); and
(C) the availability of services provided by the client
assistance program under section 112 to the
individual.
(b)(1)(A) As soon as a determination has been made that an
individual is eligible for vocational rehabilitation
services, the designated State unit shall complete an
assessment for determining eligibility and vocational
rehabilitation needs described in subparagraphs (B)
and (C) of section 7(22) (if such assessment is
necessary) and ensure that"
(i) an individualized written rehabilitation program
is jointly developed, agreed upon, and signed by"
(I) such eligible individual (or, in an appropriate
case, a parent, a family member, a guardian, an
advocate, or an authorized representative, of
such individual); and
(II) the vocational rehabilitation counselor or
coordinator; and
(ii) such program meets the requirements set forth in
subparagraph (B).

(B) Each individualized written rehabilitation program
shall"
(i) be designed to achieve the employment objective
of the individual, consistent with the unique
strengths, resources, priorities, concerns,
abilities, and capabilities, of the individual;
(ii) include a statement of the long-term
rehabilitation goals based on the assessment for
determining eligibility and vocational
rehabilitation needs described in section 7(22)(B),
including an assessment of career interests, for
the individual, which goals shall, to the maximum
extent appropriate; include placement in integrated
settings;
(iii) include a statement of the intermediate
rehabilitation objectives related to the attainment
of such goals, determined through such assessment
carried out in the most individualized and
integrated setting (consistent with the informed
choice of the individual);
(iv)(I) include a statement of the specific
vocational rehabilitation services to be
provided, and the projected dates for the
initiation and the anticipated duration of each
such service;
(II) if appropriate, include a statement of the
specific rehabilitation technology services to be
provided to assist in the implementation of
intermediate rehabilitation objectives and
long-term rehabilitation goals for the
individual; and 
(III) if appropriate, include a statement of the
specific on-the-job and related personal
assistance services to be provided to the
individual, and if appropriate and desired by the
individual, the training in managing,
supervising, and directing personal assistance
services to be provided to the individual;
(v) include an assessment of the expected need for
post employment services and, if appropriate,
extended services
(vi) provide for"
(I) a reassessment of the need for postemployment
services and, if appropriate, extended services
prior to the point of successful rehabilitation,
in accordance with this subsection; and 
(II) if appropriate, the development of a statement
detailing how such services shall be provided or
arranged through cooperative agreements with
other service providers;
(vii) include objective criteria and an evaluation
procedure and schedule for determining whether such
goals and objectives are being achieved;
(viii) include the terms and conditions under which
goods and services described above will be provided

to the individual in the most integrated settings;
(ix) identify the entity or entities that will
provide the vocational rehabilitation services and
the process used to provide or procure such
services;
(x) include a statement by the individual, in the
words of the individual (or, if appropriate, in the
words of a parent, a family member, a guardian, an
advocate, or an authorized representative of the
individual), describing how the individual was
informed about and involved in choosing among
alternative goals, objectives, services, entities
providing such services, and methods used to
provide or procure such services;
(xi) include, if necessary, an amendment specifying"
(I) the reasons that an individual for whom a
program has been prepared is no longer eligible
for vocational rehabilitation services; and
(II) the rights and remedies available to such an individual
including, if appropriate, recourse to the
processes set forth in subsection (b)(2) and
(d);
(xii) set forth the rights and remedies available to
such an individual including, if appropriate,
recourse to the processes set forth in subsections
(b)(2) and (d);
(xiii) provide a description of the availability of a
client assistance program established pursuant to
section 112;
(xiv) to the maximum extent possible, be provided in
the native language, or mode of communication, of
the individual, or, in an appropriate case, of a
parent, a family member, a guardian, an advocate,
or an authorized representative, of such
individual; and
(xv) include information identifying other related
services and benefits provided pursuant to any
Federal, State, or local program that will enhance
the capacity of the individual to achieve the
vocational objectives of the individual.
(C) The designated State unit shall furnish a copy of
the individualized written rehabilitation program and
amendments to the program to the individual with a
disability or, in an appropriate case, a parent, a
family, member, a guardian, an advocate, or an
authorized representative, of the individual; and
(2) Each individualized written rehabilitation program
shall be reviewed annually at which time such individual
(or in appropriate cases, the parents or guardians of
the individual) will be afforded an opportunity to
review such program and jointly redevelop and agree to
its terms.  Any revisions or amendments to the program
resulting from such review shall be incorporated into or
affixed to such program. Such revisions or amendments
shall not take effect until agreed to and signed by the

individual with a disability, or, if appropriate, by a
parent, a family member, a guardian, an advocate, or an
authorized representative, of such individual. Each
individualized written rehabilitation program shall be
revised as needed.
(c) The Director of the designated State unit shall also
ensure"
(1) in making any determination of ineligibility referred
to in subsection (a) of this section, or in developing
and carrying out the individualized written
rehabilitation program required by section 101 in the
case of each individual with a disability, emphasis is
placed upon the determination and achievement of a
vocational goal for such individual,
(2) a decision that such an individual is not capable of
achieving such a goal and thus is not eligible for
vocational rehabilitation services provided with
assistance under this part, is made only in full
consultation with such individual (or, in appropriate
cases, such individual's parents or guardians), and only
upon the certification, as an amendment to such written
program, or as a part of the specification of reasons
for an ineligibility determination, as appropriate, that
the preliminary diagnosis or assessment for determining
eligibility and vocational rehabilitation needs
described in subparagraphs (B) and (C) of section 7(22),
as appropriate, has demonstrated that such individual is
not then capable of achieving such a goal, and
(3) any such decision, as an amendment to such written
program, shall be reviewed at least annually in
accordance with the procedure and criteria established
in this section.
(d)(1) Except as provided in paragraph (4), the Director of
any designated State unit shall establish procedures
for the review of determinations made by the
rehabilitation counselor or coordinator under this
section, upon the request of an individual with
disabilities (or, in appropriate cases, such
individual's parents or guardian).
(2)(A) Such review procedures shall provide an opportunity
to such individuals for the submission of additional
evidence and information to an impartial hearing
officer who shall make a decision based on the
provisions of the State plan approved under section
101(a). 
(B)The impartial hearing officer shall be selected to
hear a particular case"
(i) on a random basis; or
(ii) by agreement between"
(I) the Director of the designated State unit and
the individual with a disability; or 
(II) in an appropriate case, the Director and a
parent, a family member, a guardian, an advocate,
or an authorized representative, of such
individual.

(C) The impartial hearing officer shall be selected from
among a pool of qualified persons identified jointly
by"
(i) the designated State unit; and
(ii)(I) the members of the State Rehabilitation
Advisory Council established under section 105 who
were appointed under one of subparagraphs (E)
through (H) of section 105(b)(1);
(II) the commission described in subparagraph (B) or
(C)(i) of section 101(a)(36); or
(III) the commissions described in section
101(a)(36)(C)(ii).
(3)(A) Within 20 days of the mailing of the decision to
the individual with disabilities (or, in appropriate
cases, such individual's parents or guardian), the
Director shall notify such individuals of the intent
to review such decision in whole or in part.
(B) If the Director decides to review the decision, such
individuals shall be provided an opportunity for the
submission of additional evidence and information
relevant to a final decision.
(C)(i) The Director may not overturn or modify a
decision of an impartial hearing officer, or part
of such a decision, that supports the position of
the individual unless the Director concludes, based
on clear and convincing evidence, that the decision
of the independent hearing officer is clearly
erroneous on the basis of being contrary to Federal
or State Law, including policy.
(ii) A final decision shall be made in writing by the
Director and shall include a full report of the
findings and the ground for such decision.
(iii) Upon making a final decision, the Director
shall provide a copy of such decision to such
individuals.
(D) Except as provided in paragraph (4), the Director
may not delegate responsibility to make any such
final decision to any other officer or employee of
the designated State unit.
(4)(A) A fair hearing board, established by a State before
January 1, 1985, and authorized under State law to
review determinations under this Act, is authorized to
carry out the responsibilities of the Director under
this subsection.
(B) The provisions of paragraphs (1) through (3) of this
subsection shall not apply to any State to which
subparagraph (A) of this paragraph applies.
(5) Unless the individual with a disability so requests,
or, in an appropriate case, a parent, a family member, a
guardian, an advocate, or an authorized representative,
of such individual so requests, pending a final
determination of such hearing or other final resolution
under this subsection, the designated State unit shall
not institute a suspension, reduction, or termination of
services being provided under the individualized written

rehabilitation program, unless such services have been
obtained through misrepresentation, fraud, collusion, or
criminal conduct on the part of the individual with a
disability.
(6)(A) the Director shall collect data described in
subparagraph (B) and prepare and submit to the
Commissioner a report containing such data. For the
report submitted on or before February 1, 1988, the
Commissioner shall prepare a summary of the
information furnished under this paragraph and include
the summary in the annual report submitted under
section 13.
(B) The data required to be collected under this
paragraph shall include"
(1) a description of State procedure for review;
(2) the number of appeals to the independent hearing
officer and the State Director, including the type
of complaint and the issues involved;
(3) the number of decisions by the State Director
reversing in whole or in part the decision of the
impartial hearing officer; and
(4) the number of decisions affirming the position of
the individual with a disability assisted through
the client assistance program.
SEC. 103. SCOPE OF VOCATIONAL REHABILITATION SERVICES
(a) Vocational rehabilitation services provided under this
Act are any goods or services necessary to render an
individual with a disability employable, including, but
not limited to, the following:
(1) An assessment for determining eligibility and
vocational rehabilitation needs by qualified personnel,
including, if appropriate, an assessment by personnel
skilled in rehabilitation technology;
(2) counseling, guidance, and work related placement
services for individuals with a disability, including
job search assistance, placement assistance, job
retention services, personal assistance services, and
followup, follow-along, and specific postemployment
services necessary to assist such individuals maintain,
regain, or advance in employment,
(3) vocational and other training services for individuals
with disabilities, which shall include personal and
vocational adjustment, books, or other training
materials, and such services to the families of such
individuals as are necessary to the adjustment or
rehabilitation of such individuals: except that no
training services in institutions of higher education
shall be paid for with funds under this title unless
maximum efforts have been made to secure grant
assistance, in whole or in part, from other sources to
pay for such training;
(4) physical and mental restoration services, including,
but not limited to,
(A) corrective surgery or therapeutic treatment
necessary to correct or substantially modify a

physical or mental condition which is stable or
slowly progressive and constitutes a substantial
impediment to employment, but is of such nature that
such correction or modification may reasonably be
expected to eliminate or reduce such impediment
within a reasonable length of time,
(B) necessary hospitalization in connection with surgery
or treatment,
(C) prosthetic and orthotic devices,
(D) eyeglasses and visual services as prescribed by a
physician skilled in the diseases of the eye or by an
optometrist, whichever the individual may select,
(E) special services (including transplantation and
dialysis), artificial kidneys, and supplies necessary
for the treatment of individuals with end-stage renal
disease, and
(F) diagnosis and treatment for mental and emotional
disorders by a physician or licensed psychologist in
accordance with State licensure laws;
(5) maintenance for additional cost incurred while
participating in rehabilitation;
(6) interpreter services for individuals who are deaf, and
reader services for those individuals determined to be
blind after an examination by a physician skilled in the
disease of the eye or by an optometrist, whichever the
individual may select;
(7) recruitment and training services for individuals with
disabilities to provide them with new employment
opportunities in the fields of rehabilitation, health,
welfare, public safety, and law enforcement, and other
appropriate service employment;
(8) rehabilitation teaching services and orientation and
mobility services for individuals who are blind;
(9) occupational licenses, tools, equipment, and initial
stocks and supplies;
(10) transportation in connection with the rendering of
any vocational rehabilitation service;
(11) telecommunications, sensory, and other technological
aids and devices;
(12) rehabilitation technology services.
(13) Referral and other services designed to assist
individuals with disabilities in securing needed
services from other agencies through agreements
developed under section 101(a)(11), if such services are
not available under this Act;
(14) Transition services that promote or facilitate the
accomplishment of long-term rehabilitation goals and
intermediate rehabilitation objectives;
(15) On-the-job or other related personal assistance
services provided while an individual with a disability
is receiving services described in this section; and
(16) supported employment services.
(b) Vocational rehabilitation services, when provided for
the benefit of groups of individuals, may also include the
following:

(1) In the case of any type of small business operated by
individuals with the most severe disabilities the
operation of which can be improved by management
services and supervision provided by the State agency,
the provision of such services and supervision, along or
together with the acquisition by the State agency of
vending facilities or other equipment and initial stocks
and supplies.
(2) The establishment, development, or improvement of
community rehabilitation programs, including, under
special circumstances, the construction of a facility
and the provision of other services (including services
offered at community rehabilitation programs) which
promise to contribute substantially to the
rehabilitation of a group of individuals but which are
not related directly to the individualized
rehabilitation written program of any one individual
with a disability. Such programs shall be used to
provide services that promote integration and
competitive employment.
(3) The use of existing telecommunications systems
(including telephone, television, satellite, radio, and
other similar systems) which have the potential for
substantially improving service delivery methods, and
the development of appropriate programming to meet the
particular needs of individuals with disabilities.
(4) The use of services providing recorded material for
individuals who are blind and captioned films or video
cassettes for individuals who are deaf.
(5) Technical assistance and support services to
businesses that are not subject to title I of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12111
et seq.) and that are seeking to employ individuals with
disabilities.
SEC. 104. NON-FEDERAL SHARE FOR CONSTRUCTION
For the purpose of determining the amount of payments to
States for carrying out part B of this title (or to an
Indian tribe under part D of this title), the non-Federal
share, subject to such limitations and conditions as may be
prescribed in regulations by the Commissioner, 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 or construction, under special
circumstances, of a facility for such a 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 or construction of
such a facility.
 SEC. 105. STATE REHABILITATION ADVISORY COUNCIL
(a) ESTABLISHMENT
(1) IN GENERAL
Except as provided in subparagraph (B) or (C) of
section 101(a)(36), to be eligible to receive financial
assistance under this title a State shall establish a

State Rehabilitation Advisory Council (referred to in
this section as the "Council") in accordance with this
section.
(2) SEPARATE AGENCY FOR INDIVIDUALS WHO ARE BLIND
A State that designates a State agency to administer
the part of the State plan under which vocational
rehabilitation services are provided for individuals
who are blind under section 101(a)(1)(A)(i) may
establish a separate Council in accordance with this
section to perform the duties of such a Council with
respect to such State agency.
(b) COMPOSITION AND APPOINTMENT
(1) COMPOSITION
The Council shall be composed of"
(A) At least one representative of the Statewide
Independent Living Council established under section
705, which representative may be the chairperson or
other designee of the Council;
(B) At least one representative of a parent training and
information center established pursuant to section
631(c)(9) of the Individuals with Disabilities
Education Act (20 U.S.C. 1431(c)(9);
(C) At least one representative of the client assistance
program established under section 112;
(D) At least one vocational rehabilitation counselor,
with knowledge of and experience with vocational
rehabilitation programs, who shall service as an ex
officio, nonvoting member of the Council if the
counselor is an employee of the designated State
agency;
(E) At least one representative of community
rehabilitation program service providers;
(F) four representatives of business, industry, and
labor;
(G) Representatives of disability advocacy groups
representing a cross section of"
(i) individuals with physical, cognitive, sensory,
and mental disabilities; and
(ii) parents, family members, guardians, advocates,
or authorized representatives of individuals with
disabilities who have difficulty in representing
themselves or are unable due to their disabilities
to represent themselves; and
(H) current or former applicants for, or recipients of,
vocational rehabilitation services;
(2) EX OFFICIO MEMBER
The Director of the designated State unit shall be an ex
officio member of the Council.
(3) APPOINTMENT
Members of the Council shall be appointed by the
Governor or the appropriate entity within the State
responsible for making appointments. The appointing
authority shall select members after soliciting
recommendations from representatives of organizations
representing a broad range of individuals with

disabilities and organizations interested in individuals
with disabilities.
(4) QUALIFICATIONS
A majority of Council members shall be persons who are 
(A) Individuals with disabilities described in section
7(8)(B); and 
(B) Not employed by the designated State unit.
(5) CHAIRPERSON
(A) IN GENERAL
Except as provided in subparagraph (B), the Council
shall select a chairperson from among the membership
of the Council.
(B) DESIGNATION BY GOVERNOR
In States in which the Governor does not have veto
power pursuant to State law, the Governor shall
designate a member of the Council to serve as the
chairperson of the Council or shall require the
Council to so designate such a member.
(6) TERMS OF APPOINTMENT
(A) LENGTH OF TERM
Each member of the Council shall serve for a term of
not more than 3 years, except that"
(i) a member appointed to fill a vacancy occurring
prior to the expiration of the term for which a
predecessor was appointed, shall be appointed for
the remainder of such term; and
(ii) the terms of service of the members initially
appointed shall be (as specified by the appointing
authority) for such fewer number of years as will
provide for the expiration or terms on a staggered
basis.
(B) NUMBER OF TERMS
No member of the Council may serve more than two
consecutive full terms.
(7) VACANCIES
Any vacancy occurring in the membership of the Council
shall be filled in the same manner as the original
appointment. The vacancy shall not affect the power of
the remaining members to execute the duties of the
Council.
(c) FUNCTIONS OF COUNCIL
The Council shall"
(1) Review, analyze, and advise the designated State unit
regarding the performance of the responsibilities of the
unit under this title, particularly responsibilities
relating to"
(A) Eligibility(including order of selection);
(B) The extent, scope, and effectiveness of services
provided; and
(C) Functions performed by State agencies that affect or
that potentially affect the ability of individuals
with disabilities in achieving rehabilitation goals
and objectives under this title;
(2) Advise the designated State agency and the designated
State unit, and, at the discretion of the designated

State agency, assist in the preparation of applications,
the State plan, the strategic plan and amendments to the
plans, reports, needs assessments, and evaluations
required by this title;
(3) To the extent feasible, conduct a review and analysis
of the effectiveness of, and consumer satisfaction
with"
(A) The functions performed by State agencies and other
public and private entities responsible for
performing functions for individuals with
disabilities; and
(B) vocational rehabilitation services
(i) provided, or paid for from funds made available,
under this Act or through other public or private
sources; and
(ii) provided by State agencies and other public and
private entities responsible for providing
vocational rehabilitation services to individuals
with disabilities;
(4) Prepare and submit an annual report the Governor or
appropriate State entity and the Commissioner on the
status of vocational rehabilitation programs operated
within the State, and make the report available to the
public;
(5) Coordinate with other councils within the State,
including the Statewide Independent Living Council
established under section 705, the advisory panel
established under section 613(a)(12) of the Individuals
with Disabilities Education Act (20 U.S.C. 1413(a)(12)),
the State Planning Council described in section 124 of
the Developmental Disabilities Assistance and Bill of
Rights Act (42 U.S.C. 6024), and the State mental health
planning council established under section 1916(e) of
the Public Health Service Act (42 U.S.C. 300x-4(e));
(6) Advise the State agency designated under section
101(a)(1) and provide for coordination and the
establishment of working relationships between the State
agency and the Statewide Independent Living Council and
centers for independent living within the State; and
(7) Perform such other functions, consistent with the
purpose of this title, as the State Rehabilitation
Advisory Council determines to be appropriate, that are
comparable to the other functions performed by the
Council.
(d) RESOURCES
(1) PLAN
The Council shall prepare, in conjunction with the
designated State unit, a plan for the provision of such
resources, including such staff and other personnel, as
may be necessary to carry out the functions of the
council under this section. The resource plan shall, to
the maximum extent possible, rely on the use of
resources in existence during the period of
implementation of the plan.
(2) RESOLUTION OF DISAGREEMENTS

To the extent that there is a disagreement between the
Council and designated State unit in regard to the
resources necessary to carry out the functions of the
Council as set forth in this section, the disagreement
shall be resolved by the Governor or appointing agency
consistent with paragraph (1).
(3) SUPERVISION AND EVALUATION
Each Council shall, consistent with State law, supervise
and evaluate such staff and other personnel as may be
necessary to carry out its functions under this
section.
(4) PERSONNEL CONFLICT OF INTEREST
While assisting the Council in carrying out its duties,
staff and other personnel shall not be assigned duties
by the designated State unit or any other agency or
office of the State, that would create a conflict of
interest.
(e) CONFLICT OF INTEREST
No member of the Council shall cast a vote on any matter
that would provide direct financial benefit to the member
or otherwise give the appearance of a conflict of interest
under State law.
(f) MEETINGS
The Council shall convene at least 4 meetings a year in
such places as it determines to be necessary to conduct
Council business and conduct such forums or hearings as
the Council considers appropriate. The meetings, hearings,
and forums shall be publicly announced. The meetings shall
be open and accessible to the general public unless there
is a valid reason for an executive session.
(g) COMPENSATION AND EXPENSES
The Council may use funds appropriated under this title to
reimburse members of the Council for reasonable and
necessary expenses of attending Council meetings and
performing Council duties (including child care and
personal assistance services), and to pay compensation to
a member of the Council, if such member is not employed or
must forfeit wages from other employment, for each day the
member is engaged in performing the duties of the
Council.
(h) HEARINGS AND FORUMS
The Council is authorized to hold such hearings and forums
as the Council may determine to be necessary to carry out
the duties of the Council.
(i) USE OF EXISTING COUNCILS
To the extent that a State has established a Council
before September 30, 1992, that is comparable to the
Council described in this section, such established
Council shall be considered to be in compliance with this
section. Within 1 year after the date of enactment of the
Rehabilitation Act Amendments of 1992, such State shall
establish a Council that complies in full with this
section.
SEC. 106. EVALUATION STANDARDS AND PERFORMANCE INDICATORS
(a) ESTABLISHMENT

(1) IN GENERAL
The Commissioner shall, not later than September 30,
1994, establish and publish evaluation standards and
performance indicators for the vocational rehabilitation
program under this title.
(2) MEASURES
The standards and indicators shall include outcome and
related measures of program performance that facilitate
and in no way impede the accomplishment of the purpose
and policy of this title.
(3) COMMENT
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. The commissioner shall publish
in the Federal Register a notice of intent to regulate
regarding the development of proposed standards and
indicators. Proposed standards and indicators shall be
published in the Federal Register for review and
comment. Final standards and indicators shall be
published in the Federal Register.
(b) COMPLIANCE
(1) STATE REPORTS
In accordance with regulations established by the
Secretary, each State shall report to the Commissioner
after the end of each fiscal year the extent to which
the State is in compliance with the standards and
indicators.
(2) PROGRAM IMPROVEMENT
(A) PLAN
If the Commissioner determines that the performance
of any State is below established standards, the
Commissioner shall provide technical assistance to
the State and the State and the Commissioner shall
jointly develop a program improvement plan outlining
the specific actions to be taken by the State to
improve program performance.
(B) REVIEW
The Commissioner shall"
(i) review the program improvement efforts of the
State on a biannual basis and, if necessary,
request the State to make further revisions to the
plan to improve performance; and
(ii) continue to conduct such reviews and request
such revisions until the State sustains
satisfactory performance over a period of more than
1 year.
(c) WITHHOLDING
If the Commissioner determines that a State whose
performance falls below the established standards has
failed to enter into a program improvement plan, or is not
complying substantially with the terms and conditions of
such a program improvement plan, the Commissioner shall,
consistent with subsection (c) and (d) of section 107,

reduce or make no further payments to the State under this
program, until the State has entered into an approved
program improvement plan, or satisfies the Commissioner
that the State is complying substantially with the terms
and conditions of such a program improvement plan, as
appropriate.
(d) REPORT TO CONGRESS
Beginning in fiscal year 1996, the Commissioner shall
include in each annual report to the Congress under
section 13 an analysis of program performance, including
relative State performance, based on the standards and
indicators.
SEC. 107. MONITORING AND REVIEW
(a) IN GENERAL
(1) DUTIES
In carrying out the duties of the Commissioner under
this title, the Commissioner shall"
(A) Provide for the annual review and periodic on-site
monitoring of programs under this title; and
(B) Determine whether, in the administration of the
State plan, a State is complying substantially with
the provisions of such plan and with evaluation
standards and performance indicators established
under section 106.
(2) PROCEDURES FOR REVIEWS
In conducting reviews under this section the
Commissioner shall consider, at a minimum"
(A) State policies and procedures;
(B) Guidance materials;
(C) Decisions resulting from hearings conducted in
accordance with due process;
(D) Strategic plans and updates;
(E) Plans and reports prepared under section 106(b);
(F) Consumer satisfaction surveys described in section
101(a)(32);
(G) Information provided by the State Rehabilitation
Advisory Council established under section 105;
(H) Reports; and
(I) Budget and financial management data.
(3) PROCEDURES FOR MONITORING
In conducting monitoring under this section the
Commissioner shall conduct"
(A) On-site visits, including on-site reviews of records
to verify that the State is following requirements
regarding the order of selection set forth in section
101(a)(5)(A);
(B) Public hearings and other strategies for collecting
information from the public;
(C) Meetings with the State Rehabilitation Advisory
Council;
(D) Reviews of individual case files, including
individualized written rehabilitation programs and
ineligibility determinations; and
(E) Meetings with rehabilitation counselors and other
personnel.

(4) AREAS OF INQUIRY
In conducting the review and monitoring, the
Commissioner shall examine"
(A) The eligibility process;
(B) The provision of services, including, if applicable,
the order of selection;
(C) Whether the personnel evaluation system described in
section 101(a)(35) facilitates and does not impede
the accomplishments of the program;
(D) Such other areas as may be identified by the public
or through meetings with the State Rehabilitation
Advisory Council; and
(E) Such other areas of inquiry as the Commissioner may
consider appropriate.
(b) TECHNICAL ASSISTANCE
The Commissioner shall"
(1) Provide technical assistance to programs under this
title regarding improving the quality of vocational
rehabilitation services provided; and 
(2) Provide technical assistance and establish a
corrective action plan for a program under this title if
the Commissioner finds that the program fails to comply
substantially with the provisions of the State Plan, or
with evaluation standards or performance indicators
established under section 106, in order to ensure that
such failure is corrected as soon as practicable.
(c) FAILURE TO COMPLY WITH PLAN
(1) WITHHOLDING PAYMENTS
Whenever the Commissioner, after providing reasonable
notice and an opportunity for a hearing to the State
agency administering or supervising the administration
of the State plan approved under section 101, finds
that"
(A) The plan has been so changed that it no longer
complies with the requirements of section 101(a); or
(B) In the administration of the plan there is a failure
to comply substantially with any provision of such
plan or with an evaluation standard or performance
indicator established under section 106,
the Commissioner shall notify such State agency that no
further payments will be made to the State under this
title (or, in the discretion of the Commissioner, that
such further payments will be reduced, in accordance
with regulations the Commissioner shall prescribe, or
that further payments will not be made to the State only
for the projects under the parts of the State plan
affected by such failure), until the Commissioner is
satisfied there is no longer any such failure.
(2) PERIOD
Until the Commissioner is so satisfied, the Commissioner
shall make no further payments to such State under this
title (or shall reduce payments or limit payments to
projects under those parts of the State plan in which
there is no such failure).
(3) DISBURSAL OF WITHHELD FUNDS

The Commissioner may, in accordance with regulations the
Secretary shall prescribe, disburse any funds withheld
from a State under paragraph (1) to any public or
nonprofit private organization or agency within such
State or to any political subdivision of such State
submitting a plan meeting the requirements of section
101(a). The Commissioner may not make any payment under
this paragraph unless the entity to which such payment
is made has provided assurances to the Commissioner that
such entity will contribute, for purposes of carrying
out such plan, the same amount as the State would have
been obligated to contribute if the State received such
payment.
(d) REVIEW
(1) PETITION
Any State that is dissatisfied with a final
determination of the Commissioner under section 101(b)
or subsection (c) may file a petition for judicial
review of such determination in the United States Court
of Appeals for the circuit in which the State is
located. Such a petition may be filed only within the
30-day period beginning on the date that notice of such
final determination was received by the State. The clerk
of the court shall transmit a copy of the petition to
the Commissioner or to any officer designated by the
Commissioner for that purpose. In accordance with
section 2112 of title 28, United States Code, the
Commissioner shall file with the court a record of the
proceeding on which the Commissioner based the
determination being appealed by the State. Until a
record is so filed, the Commissioner may modify or set
aside any determination made under such proceedings.
(2) SUBMISSIONS AND DETERMINATIONS
If, in an action under this subsection to review a final
determination of the Commissioner under section 101(b)
or subsection (c), the petitioner or the Commissioner
applies to the court for leave to have additional oral
submissions or written presentations made respecting
such determination, the court may, for good cause shown,
order the Commissioner to provide within 30 days an
additional opportunity to make such submissions and
presentations. Within such period, the Commissioner may
revise any findings of fact, modify or set aside the
determination being reviewed, or make a new
determination by reason of the additional submissions
and presentations, and shall file such modified or new
determination, and any revised findings of fact, with
the return of such submissions and presentations. The
court shall thereafter review such new or modified
determination.
(3) STANDARDS OF REVIEW
(A) IN GENERAL
Upon the filing of a petition under paragraph (1)
for judicial review of a determination, the court
shall have jurisdiction"

(i) to grant appropriate relief as provided in
chapter 7 of title 5, United States Code, except
for interim relief with respect to a determination
under subsection (c); and
(ii) except as otherwise provided in subparagraph
(B), to review such determination in accordance
with chapter 7 of title 5, United States Code.
(B) SUBSTANTIAL EVIDENCE
Section 706 of title 5, United States Code, shall
apply to the review of any determination under this
subsection, except that the standard for review
prescribed by paragraph (2)(E) of such section 706
shall not apply and the court shall hold unlawful and
set aside such determination if the court finds that
the determination is not supported by substantial
evidence in the record of the proceeding submitted
pursuant to paragraph (1), as supplemented by any
additional submissions and presentations filed under
paragraph (2).
SEC. 108. EXPENDITURE OF CERTAIN AMOUNTS
(a) EXPENDITURE
Amounts described in subsection (b) may not be expended by
a State for any purpose other than carrying out programs
for which the State receives financial assistance under
this title, under part C of title VI, or under title VII.
(b) AMOUNTS
The amounts referred to in subsection (a) are amounts
provided to a State under the Social Security Act (42
U.S.C. 301 et seq.) as reimbursement for the expenditure
of payments received by the State from allotments under
section 110 of this Act.
SEC. 109. TRAINING OF EMPLOYERS WITH RESPECT TO AMERICANS
WITH DISABILITIES ACT OF 1990
A state may expend payments received under section 111"
(1) To carry out a program to train employers with respect
to compliance with the requirements of title I of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12111
et seq.); and
(2) To inform employers of the existence of the program
and the availability of the services of the program.
Part B-Basic Vocational Rehabilitation Services
SEC. 110. STATE ALLOTMENTS
(a)(1) Subject to the provisions of subsection (d), for each
fiscal year beginning before October 1, 1978, each State
shall be entitled to an allotment of an amount bearing the
same ratio to the amount authorized to be appropriated
under section 100(b)(1) for allotment under this section
as the product of
(A) the population of the State, and
(B) the square of its allotment percentage, bears to the
sum of the corresponding products for all the
States.
(2)(A) For each fiscal year beginning on or after October
1, 1978, each State shall be entitled to an allotment
in an amount equal to the amount such State received

under paragraph (1) for the fiscal year ending
September 30, 1978, and an additional amount
determined pursuant to subparagraph (B) of this
paragraph.
(B) For each fiscal year beginning on or after October
1, 1978, each State shall be entitled to an
allotment, from any amount authorized to be
appropriated for such fiscal year under section
100(b)(1)(A) for allotment under this section in
excess of the amount appropriated under section
100(b)(1)(A) for the fiscal year ending September 30,
1978, in an amount equal to the sum of"
(i) an amount bearing the same ratio to 50 percent of
such excess amount as the product of the population
of the State and the square of its allotment
percentage bears to the sum of the corresponding
products for all the States; and
(ii) an amount bearing the same ratio to 50 percent
of such excess amount as the product of the
population of the State and its allotment
percentage bears to the sum of the corresponding
products for all the States.
(3) The sum of the payment to any State (other than Guam,
American Samoa, the Virgin Islands, the Northern Mariana
Islands, and the Republic of Palau) under this
subsection for any fiscal year which is less than
one-third of 1 percent of the amount appropriated under
section 100(b)(1)(A), or $3,000,000 whichever is
greater, shall be increased to that amount, the total of
the increases thereby required being derived by
proportionately reducing the allotment to each of the
remaining such States under this subsection, but with
such adjustments as may be necessary to prevent the sum
of the allotments made under this subsection to any such
remaining State from being thereby reduced to less than
that amount.
(4) For each fiscal year beginning on or after October 1,
1984, for which any amount is appropriated pursuant to
section 100(b)(1)(B), each State shall receive an
allocation (from such appropriated amount) in addition
to the allotment to which such State is entitled under
paragraphs (2) and (3) of this subsection. Such
additional allocation shall be an amount which bears the
same ratio to the amount so appropriated as that State's
allotment under paragraphs (2) and (3) of this
subsection bears to the sum of such allotments of all
the States.
(5) The Republic of Palau may receive allotments or
allocations under this section only until the Compact of
Free Association with Palau takes effect.
(b)(1) If the payment to a State under section 111(a) for a
fiscal year is less than the total payments such State
received under section 2 of the Vocational
Rehabilitation Act for the fiscal year ending June 30,
1973, such State shall be entitled to an additional

payment (subject to the same terms and conditions
applicable to other payments under this part) equal to
the difference between such payment under section
111(a) and the amount so received by it.
(2) If a State receives as its Federal share under section
111(a) for any fiscal year less than the applicable
federal share of the expenditure of such State for
fiscal year 1972 for vocational rehabilitation services
under the plan for such State approved under section 101
(including any amount expended by such State for the
administration of the State plan but excluding any
amount expended by such State from non-Federal sources
for construction under such plan), such State shall be
entitled to an additional payment for such fiscal year,
subject to the same terms and conditions applicable to
other payments under this part, equal to the difference
between such payment under section 111(a) and an amount
equal to the applicable federal share of such
expenditure for vocational rehabilitation services.
(3) Any payment attributable to the additional payment to
a State under this subsection shall be made only from
appropriations specifically made to carry out this
subsection, and such additional appropriations are
hereby authorized.
(c)(1) Not later than forty-five days prior to the end of
the fiscal year, the Commissioner shall determine,
after reasonable opportunity for the submission to the
Commissioner of comments by the State agency
administering or supervising the program established
under this title, that any payment of an allotment to a
State under section 111(a) for any fiscal year will not
be utilized by such State in carrying out the purposes
of this title.
(2) As soon as practicable but not later than the end of
the fiscal year, the Commissioner shall make such amount
available for carrying out the purposes of this title to
one or more other States to the extent the Commissioner
determines that such other State will be able to use
such additional amount during the fiscal year or to pay
for initial expenditures during the subsequent fiscal
year for carrying out such purposes.
(3) For the purposes of this part, any amount made
available to a State for any fiscal year pursuant to
this subsection shall be regarded as an increase of such
State's allotment (as determined under the preceding
provisions of this section) for such year.
(4) If the Commissioner determines, under paragraph (1),
that any payment of an allotment to a State under
section 111(a) for any fiscal year will not be utilized
by such State in carrying out the purposes of this
title, the payment shall remain available for
reallotment to other States until reallotted.
(d)(1) For fiscal year 1987 and for each subsequent fiscal
year, the Commissioner shall reserve from the amount
appropriated under section 100(b)(1) for an allotment

under this section a sum, determined under paragraph
(2), to carry out the purposes of part D of this
title.
(2) The sum referred to in paragraph (1) shall be, as
determined by the Secretary"
(A) Not less than one-third of one percent and not more
than 1.5 percent of the amount under paragraph (1),
for fiscal years 1993 and 1994; and
(B) Not less than one-half of one percent and not more
than 1.5 percent of the amount under paragraph (1),
for fiscal years 1995, 1996, and 1997.
SEC. 111. PAYMENTS TO STATES
(a)(1) Except as provided under paragraph (2), from each
State's allotment under this part for any fiscal year
the Commissioner shall pay to a State an amount equal
to the Federal share of the cost of vocational
rehabilitation services under the plan for that State
approved under section 101, including expenditures for
the administration of the State plan and development
and implementation of the strategic plan as provided in
section 101(a)(34)(A). Any State that receives such an
amount shall expend, for development and implementation
of the strategic plan, not less than the percentage of
the allotment of the State referred to in section
101(a)(34)(B).
(2)(A) The total of payments under paragraph (1) to a
State for such fiscal year may not exceed its
allotment under subsection (a) of section 110 for such
year and such payments shall not be made in an amount
which would result in a violation of the provisions of
the State plan required by section (101)(a)(17).
(B)(i) For fiscal year 1993, the amount otherwise
payable to a State for a fiscal year under this
section shall be reduced by the amount by which
expenditures from non-Federal sources under the
State plan under this title for the previous fiscal
year are less than the average of the total of such
expenditures for the three fiscal years preceding
that previous fiscal year.
(ii) For fiscal year 1994 and each fiscal year
thereafter, the amount otherwise payable to a State
for a fiscal year under this section shall be
reduced by the amount by which expenditures from
non-Federal sources under the State plan under this
title for the previous fiscal year are less than
the total of such expenditures for the second
fiscal year preceding the previous fiscal year.
(C) The Commissioner may waive or modify any requirement
or limitation under paragraphs (A) or (B) if the
Commissioner determines that a waiver or modification
is an equitable response to exceptional or
uncontrollable circumstances affecting the State.
(3)(A) Except as provided in subparagraph (B), the amount
of a payment under this section with respect to any
construction project in any State shall be equal to

the same percentage of the cost of such project as
the Federal share that is applicable in the case of
rehabilitation facilities (as defined in section
645(g) of the Public Health Service Act (42 U.S.C.
291o(a))), in such State.
(B) If the Federal share with respect to rehabilitation
facilities in such State is determined pursuant to
section 645(b)(2) of such Act (42 U.S.C. 291o(b)(2)),
the percentage of the cost for purposes of this
section shall be determined in accordance with
regulations prescribed by the Commissioner designed
to achieve as nearly as practicable results
comparable to the results obtained under such
section.
(b) The method of computing and paying amounts pursuant to
subsection (a) shall be as follows:
(1) The Commissioner shall, prior to the beginning of each
calendar quarter or other period prescribed by the
Commissioner estimate the amount to be paid to each
State under the provisions of such subsection for such
period, such estimate to be based on such records of the
State and information furnished by it, and such other
investigation, as the Commissioner may find necessary.
(2) The Commissioner shall pay, from the allotment
available therefor, the amount so estimated by the
Commissioner for such period, reduced or increased, as
the case may be, by any sum (not previously adjusted
under this paragraph) by which the Commissioner finds
that the estimate of the amount to be paid the State for
any prior period under such subsection was greater or
less than the amount which should have been paid to the
State for such prior period under such subsection. Such
payment shall be made prior to audit or settlement by
the General Accounting Office, shall be made through the
disbursing facilities of the Treasury Department, and
shall be made in such installments as the Commissioner
may determine.
SEC. 112. CLIENT ASSISTANCE PROGRAM
(a) From funds appropriated under subsection (i), the
Secretary shall, in accordance with this section, make
grants to States to establish and carry out client
assistance programs to provide assistance in informing and
advising all clients and client applicants of all
available benefits under this Act, and, upon request of
such clients or client applicants, to assist and advocate
for such clients or applicants in their relationships with
projects, programs, and facilities providing services to
them under this Act, including assistance and advocacy in
pursuing legal, administrative, or other appropriate
remedies to ensure the protection of the rights of such
individuals under this Act and to facilitate access to the
services funded under this Act through individual and
systemic advocacy. The client assistance program shall
provide information on the available services and benefits
under this Act and title I of the Americans with

Disabilities Act of 1990 (42 U.S.C. 12111 et seq) to any
individuals with disabilities in the State, especially
with regard to individuals with disabilities who have
traditionally been unserved or underserved by vocational
rehabilitation programs. In providing assistance and
advocacy under this subsection with respect to services
under this title, a client assistance program may provide
the assistance and advocacy with respect to services that
are directly related to facilitating the employment of the
individual. 
(b) No State may receive payments from its allotment under
this Act in any fiscal year unless the State has in effect
not later than October 1, 1984 a client assistance
program, which"
(1) has the authority to pursue legal, administrative, and
other appropriate remedies to insure the protection of
rights of individuals with disabilities who are
receiving treatments, services or rehabilitation under
this Act within the State; and
(2) meets the requirements of designation under subsection
(c).
(c)(1)(A) The Governor shall designate a public or private
agency to conduct the client assistance program under
this section. Except as provided in the last sentence
of this paragraph, the Governor shall designate an
agency which is independent of any agency which
provides treatment, services, or rehabilitation to
individuals under this Act. If there is an agency in
the State which has, or had, prior to the date of
enactment of the Rehabilitation Amendments of 1984,
served as a client assistance agency under this
section and which received Federal financial
assistance under this Act, the Governor may, in the
initial designation, designate an agency which
provides treatment, services, or rehabilitation to
individuals with disabilities under this Act.
(B) The Governor may not redesignate the agency
designated under subparagraph (A) without good cause
unless"
(i) the Governor has given the agency 30 days notice
of the intention to make such redesignation,
including specification of the good cause for such
redesignation and an opportunity to respond to the
assertion that good cause has been shown;
(ii) individuals with disabilities or their
representatives have timely notice of the
redesignation and opportunity for public comment;
and
(iii) the agency has the opportunity to appeal to the
Commissioner on the basis that the redesignation
was not for good cause.
(2) In carrying out the provisions of this section, the
Governor shall consult with the director of the State
vocational rehabilitation agency, the head of the
developmental disability protection and advocacy agency,

and with representatives of professional and consumer
organizations serving individuals with disabilities in
the State.
(3) The agency designated under this subsection shall be
accountable for the proper use of funds made available
to the agency.
(4) For the purpose of this subsection, the term
'Governor' means the chief executive of the State.
(d) The agency designated under subsection (c) of this
section may not bring any class action in carrying out its
responsibilities under this section.
(e)(1)(A) The Secretary shall allot the sums appropriated
for each fiscal year under this section among the
States on the basis of relative population of each
State, except that no State shall receive less than
$50,000.
(B) The Secretary shall allot $30,000 each to American
Samoa, Guam, the Virgin Islands, the Northern Mariana
Islands, and the Republic of Palau, except that the
Republic of Palau may receive such allotment under
this section only until the Compact of Free
Association with Palau takes effect.
(C) For the purpose of this paragraph, the term `State'
does not include American Samoa, Guam, the Virgin
Islands, the Northern Mariana Islands, and the
Republic of Palau.
(D)(i) In any fiscal year that the funds appropriated
for such fiscal year exceed $7,500,000, the minimum
allotment shall be $100,000 for States and $45,000
for territories.
(ii) Subject to clause (i), the Commissioner may
increase the minimum allotments under subparagraphs
(A) and (B) for any fiscal year for which funds
appropriated under this section for such fiscal
year exceed the sums appropriated under this
section for the preceding fiscal year.
(2) The amount of an allotment to a State for a fiscal
year which the Secretary determines will not be required
by the State during the period for which it is available
for the purpose for which allotted shall be available
for reallotment by the Secretary at appropriate times to
other States with respect to which such a determination
has not been made, in proportion to the original
allotments of such States for such fiscal year, but with
such proportionate amount for any of such other States
being reduced to the extent it exceeds the sum the
Secretary estimates such State needs and will be able to
use during such period; and the total of such reduction
shall be similarly reallotted among the States whose
proportionate amounts were not so reduced. Any such
amount so reallotted to a State for a fiscal year shall
be deemed to be a part of its allotment for such fiscal
year.
(3) Except as specifically prohibited by or as otherwise
provided in State law, the Secretary shall pay to the

agency designated under subsection (c) the amount
specified in the application approved under subsection
(f).
(f) No grant may be made under this section unless the State
submits an application to the Secretary at such time, in
such manner, and containing or accompanied by such
information as the Secretary deems necessary to meet the
requirements of this section.
(g) The Secretary shall prescribe regulations applicable to
the client assistance program which shall include the
following requirements:
(1) No employees of such programs shall, while so
employed, serve as staff or consultants of any
rehabilitation project, program, or facility receiving
assistance under this Act in the State.
(2) Each program shall be afforded reasonable access to
policymaking and administrative personnel in the State
and local rehabilitation programs, projects, or
facilities.
(3) Each program shall contain provisions designed to
assure that to the maximum extent possible mediation
procedures are used prior to resorting to administrative
or legal remedies.
(4) The agency designated under subsection (c) shall
submit an annual report to the Secretary on the
operation of the program during the previous year,
including a summary of the work done and the uniform
statistical tabulation of all cases handled by such
program. A copy of each such report shall be submitted
to the appropriate committees of the Congress by the
Secretary, together with a summary of such reports and
his evaluation of the program, including appropriate
recommendations.
(5) Each such report shall contain information on the
number of requests the client assistance program under
this section receives annually, the number of requests
such program is unable is serve, and the reasons that
the program is unable to serve all the requests.
(6) For purposes of such report or for any other periodic
audit, report, or evaluation of the performance of a
client assistance program under this section, the
Secretary shall not require such a program to disclose
the identity of, or any other personally identifiable
information related to, any individual requesting
assistance under such program.
(h) There are authorized to be appropriated such sums as may
be necessary for fiscal years 1993 through 1997 to carry
out the provisions of this section.
Part C-Innovation and Expansion Grants
SEC. 120. STATE ELIGIBILITY
Effective October 1, 1993, any State desiring to receive
assistance under this part and part B of this title shall
prepare and submit to the Commissioner a statewide strategic
plan for developing and using innovative approaches for
achieving long-term success in expanding and improving

vocational rehabilitation services, including supported
employment services, provided under the State plan submitted
under section 101 and the supplement to the State plan
submitted under part C of title VI.
SEC. 121. CONTENTS OF STRATEGIC PLANS
(a) PURPOSE AND POLICY
The strategic plan shall be designed to achieve the
purpose and policy of this title and carry out the State
plan and the supplement to the State plan submitted under
part C of title VI.
(b) CONTENTS
The strategic plan shall include"
(1) A statement of the mission, philosophy, values, and
principles of the vocational rehabilitation program in
the State;
(2) Specific goals and objectives for expanding and
improving the system for providing the vocational
rehabilitation program;
(3) Specific multifaceted and systemic approaches for
accomplishing the objectives, including interagency
coordination and cooperation, that build upon
state-of-the-art practices and research findings and
that implement the State plan and the supplement to the
State plan submitted under part C of title VI;
(4) A description of the specific programs, projects, and
activities funded under this part and how the programs,
projects, and activities accomplish the objectives; and
(5) Specific criteria for determining whether the objectives
have been achieved, an assurance that the State will
conduct an annual evaluation to determine the extent to
which the objectives have been achieved, and, if
specific objectives have not been achieved, the reasons
that the objectives have not been achieved and a
description of alternative approaches that will be
taken.
SEC. 122. PROCESS FOR DEVELOPING STRATEGIC PLANS
(a) PERIOD AND UPDATES
The strategic plan shall cover a 3-year period and shall
be updated on an annual basis to reflect actual experience
over the previous year and input from the State
Rehabilitation Advisory Council established under section
105, individuals with disabilities, and other interested
parties.
(b) RECOMMENDATIONS
Prior to developing the strategic plan, the State shall
hold public forums and meet with and receive
recommendations from members of the State Rehabilitation
Advisory Council and the Statewide Independent Living
Council established under section 705.
(c) CONSIDERATION OF RECOMMENDATIONS
The State shall consider the recommendations and, if the
State rejects the recommendations, shall include a written
explanation of the rejection in the strategic plan.
(d) PROCEDURE
The State shall develop a procedure for ensuring ongoing

comment from the councils described in subsection (b) as
the plan is being implemented.
(e) DISSEMINATION
The State shall widely disseminate the strategic plan to
individuals with disabilities, disability organizations,
rehabilitation professionals, and other interested
persons.
SEC. 123. USE OF FUNDS
A State may use funds made available under this part,
directly or by grant, contract, or other arrangement, to
carry out"
(1) Programs to initiate and expand employment
opportunities for individuals with severe disabilities
in integrated settings that allow for the use of
on-the-job training to promote the objectives of title I
of the Americans with Disabilities Act of 1990 (42
U.S.C. 12111 et seq.);
(2) Programs or activities to improve the provision of,
and expand, employment services in integrated settings
to individuals with sensory, cognitive, physical, and
mental impairments who have traditionally not been
served by the State vocational rehabilitation agency;
(3) Programs and activities to maximize the ability of
individuals with disabilities to use rehabilitation
technology in employment settings;
(4) Programs and activities that"
(A) Assist employers in accommodating, evaluating,
training, or placing individuals with disabilities in
the workplace of the employer consistent with
provisions of this Act and title I of the Americans
with Disabilities Act of 1990; and
(B) May include short-term technical assistance or other
effective strategies;
(5) Programs and activities that expand and improve the
extent and type of client involvement in the review and
selection of the training and employment goals of the
client;
(6) Programs and activities that expand and improve
opportunities for career advancement for individuals
with severe disabilities;
(7) Programs, projects, and activities designed to
initiate, expand, or improve working relationships
between vocational rehabilitation services provided
under this title and independent living services
provided under title VII;
(8) Programs, projects, and activities designed to improve
functioning of the system for delivering vocational
rehabilitation services and to improve coordination and
working relationships with other State and local
agencies, business, industry, labor, community
rehabilitation programs, and centers for independent
living, including projects designed to"
(A) Increase the ease of access to, timeliness of, and
quality of vocational rehabilitation services through
the development and implementation of policies,

procedures, and systems and interagency mechanisms
for providing vocational rehabilitation services;
(B) Improve the working relationships between State
vocational rehabilitation agencies, and other State
agencies, centers for independent living, community
rehabilitation programs, educational agencies
involved in higher education, adult basic education,
and continuing education, and businesses, industry,
and labor organizations, in order to create and
facilitate cooperation in"
(i) planning and implementing services; and
(ii) the development of an integrated system of
community-based vocational rehabilitation service
that includes appropriate transitions between
services systems; and
(C) Improve the ability of professionals, clients,
advocates, business, industry, and labor to work in
cooperative partnerships to improve the quality of
vocational rehabilitation services and job and career
opportunities for individuals with disabilities;
(9) Support efforts to ensure that the annual evaluation
of the effectiveness of the program in meeting the goals
and objectives set forth in the State plan, including
the system for evaluating the performance of
rehabilitation counselors, coordinators, and other
personnel used in the State, facilitates and does not
impede the accomplishment of the purpose and policy of
this title, including serving, among, others,
individuals with the most severe disabilities;
(10) Support the initiation, expansion, and improvement of
a comprehensive system of personnel development;
(11) Support the provision of training and technical
assistance to clients, business, industry, labor,
community rehabilitation programs, and others regarding
the implementation of the amendments made by the
Rehabilitation Act Amendments of 1992, of title V of
this Act, and of the Americans with Disabilities Act of
1990; and
(12) Support the funding of the State Rehabilitation
Advisory Council and the Statewide Independent Living
Council established under section 705.
SEC. 124. ALLOTMENTS AMONG STATES
(a) IN GENERAL
(1) STATES
(A) POPULATION BASIS
Except as provided in sums appropriated for each
fiscal year to carry out this part (not including
sums used in accordance with section 101(a)(34)(B)),
the Commissioner shall make an allotment to each
State whose State plan has been approved under
section 101 of an amount bearing the same ratio to
such sums as the population of the State bears to the
population of all the States.
(B) MINIMUMS
Subject to the availability of appropriations to

carry out this part, the allotment of any State under
subparagraph (A) shall be not less than $200,000 or
one-third of one percent of the sums made available
for the fiscal year for which the allotment is made,
whichever is greater, and the allotment of any State
under this section for any fiscal year that is less
than $200,000 or one-third of one percent of such
sums shall be increased to the greater of the two
amounts.
(2) CERTAIN TERRITORIES
(A) IN GENERAL
For the purposes of this subsection, Guam, American
Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Island, and the
Republic of Palau shall not be considered to be
States.
(B) ALLOTMENT
Each jurisdiction described in subparagraph (A)
shall be allotted not less than one-eighth of one
percent of the amounts made available for purposes of
this part for the fiscal year for which the allotment
is made, except that the Republic of Palau may
receive such allotment under this section only until
the Compact of Free Association with Palau takes
effect.
(3) ADJUSTMENT FOR INFLATION
For purposes of determining the minimum amount of an
allotment under paragraph (1)(B), the amount $200,000
shall, in the case of such allotments for fiscal year
1994 and subsequent fiscal years, be increased to the
extent necessary to offset the effects of inflation
occurring since October 1992, as measured by the
percentage increase in the Consumer Price Index For All
Urban Consumers (U.S. city average) during the period
ending on April 1 of the fiscal year preceding the
fiscal year for which the allotment is to be made.
(b) PROPORTIONAL REDUCTION
Amounts necessary to provide allotments to States in
accordance with subsection (a)(1)(B) as increased under
subsection (a)(3), or to provide allotments in accordance
with subsection (a)(2)(B), shall be derived by
proportionately reducing the allotments of the remaining
States under subsection (a)(1), but with such adjustments
as may be necessary to prevent the allotment of any such
remaining States from being thereby reduced to less than
the greater of $200,000 or one-third of one percent of the
sums made available for purposes of this part for the
fiscal year for which the allotment is made, as increased
in accordance with subsection (a)(3).
(c) REALLOTMENT
Whenever the Commissioner determines that any amounts of
an allotment to a State for any fiscal year will not be
expended by such State for carrying out the provisions of
this part, the Commissioner shall make such amount
available for carrying out the purposes of this part to

one or more of the States that the Commissioner determines
will be able to use additional amounts during such year
for carrying out such purposes. Any amount made available
to a State for any fiscal year pursuant to the preceding
sentence shall, for purposes of this section, be regarded
as an increase in the allotment of the State (as
determined under the preceding provisions of this section)
for such year.
Part D-American Indian Vocational Rehabilitation Services
SEC. 130. VOCATIONAL REHABILITATION SERVICES GRANTS
(a) The Commissioner, in accordance with the provisions of
this part may make grants to the governing bodies of
Indian tribes located on Federal and State reservations
(and consortia of such governing bodies) to pay 90 percent
of the costs of vocational rehabilitation services for
American Indians who are individuals with disabilities
residing on such reservations. The non-Federal share of
such costs may be in cash or in kind, fairly valued, and
the Commissioner may waive such non-Federal share
requirements in order to carry out the purposes of this
Act.
(b)(1) No grant may be made under this part for any fiscal
year unless an application therefor has been submitted
to and approved by the Commissioner. The Commissioner
may not approve an application unless the application"
(A) is made at such time, in such manner, and contains
such information as the Commissioner may require;
(B) contains assurances that the rehabilitation services
provided under this part to American Indians who are
individuals with disabilities residing on a
reservation in a State shall be, to the maximum
extent feasible, comparable to rehabilitation
services provided under this title to other
individuals with disabilities residing in the State
and that, where appropriate, may include services
traditionally used by Indian tribes; and
(C) contains assurances that the application was
developed in consultation with the designated State
unit of the State.
(2) The provisions of sections 5, 6, 7, and 102(a) of the
Indian Self-Determination and Education Assistance Act
shall be applicable to any application submitted under
this part. For purposes of this paragraph, any reference
in any such provision to the Secretary of Education or
to the Secretary of the Interior shall be considered to
be a reference to the Commissioner.
(3) Any application approved under this part shall be
effective for not less than twelve months or more than
36 months, except as determined otherwise by the
Commissioner pursuant to prescribed regulations. The
State shall continue to provide vocational
rehabilitation services under its State plan to American
Indians residing on a reservation whenever such State
includes any such American Indians in its State
population under section 110(a)(1).

(4) In making grants under this part, the Secretary shall
give priority consideration to applications for the
continuation of programs which have been funded under
this part.
(5) Nothing in this section may be construed to authorize
a separate service delivery system for Indian residents
of a State who reside in non-reservation areas.
(c) The term  reservation includes Indian reservations,
public domain Indian allotments, former Indian
reservations in Oklahoma, and land held by incorporated
Native groups, regional corporations, and village
corporations under the provisions of the Alaska Native
Claims Settlement Act.
Miscellaneous Provisions to Title I
SEC. 136. REVIEW OF DATA COLLECTION SYSTEM
(a) REVIEW
The Commissioner of the Rehabilitation Services
Administration (in this section referred to as the
"Commissioner") shall undertake a comprehensive review of
the current system for collecting and reporting client
data under the Rehabilitation Act of 1973 (29 U.S.C. 701
et seq.), particularly data on clients of the programs
under title I of the Rehabilitation Act of 1973 (29 U.S.C.
720 et seq.).
(b) CONSIDERATIONS
(1) IN GENERAL
In conducting the review, the Commissioner shall examine
the kind, quantity, and quality of the data that are
currently reported, taking into consideration the range
of purposes that the data serve at the Federal, State,
and local levels.
(2) DATA ELEMENTS
In conducting the review, the Commissioner shall examine
the feasibility of collecting and reporting under the
system information, if such information can be
determined, regarding"
(A) Other program participation by clients during the 3
years prior to application;
(B) The number of jobs held, hours worked, and earnings
received by clients in the 3 years prior to
application to a program under the Rehabilitation Act
of 1973;
(C) The type of major and secondary disabilities of
clients;
(D) The dates of the onset of disabilities of clients;
(E) The severity of the disabilities of clients;
(F) The sources of referral of clients to programs under
such Act;
(G) The hours worked by clients;
(H) The size and industry code of the place of
employment of clients at the time of entry into such
a program and at the termination of services under
the program;
(I) The number of services provided under the programs
and the cost of each service;

(J) The types of public support received by the
clients;
(K) The primary sources of economic support and amounts
of public assistance received by the clients before
and after receiving the services;
(L) Whether the clients are covered by health insurance
from any source and whether health insurance is
available through the employment of the client;
(M) The supported employment status of the client; and
(N) the reasons for terminating the services.
(c) RECOMMENDATIONS
Based on the review, the Commissioner shall recommend
improvements in the data collection and reporting system.
(d) VIEWS
In developing the recommendations, the Commissioner shall
seek views of persons and entities providing or using such
data, including State agencies, State Rehabilitation
Advisory Councils, providers of vocational rehabilitation
services, professionals in the field of vocational
rehabilitation, clients and organizations representing
clients, the National Council on Disability, other Federal
agencies, non-Federal researchers, other analysts using
the data, and other members of the public.
(e) PUBLICATION AND SUBMISSION OF REPORT
Not later than 18 months after the date of the enactment
of this Act, the Commissioner shall publish the
recommendations in the Federal Register and shall prepare
and submit a report containing the recommendations to the
appropriate committees of Congress. The Commissioner shall
not implement the recommendations earlier than 90 days
after the date on which the Commissioner submits the
report.
SEC. 137. EXCHANGE OF DATA
The Secretary of Education and the Secretary of Health and
Human Services shall enter into a memorandum of
understanding for the purpose of exchanging data of mutual
importance, regarding clients of State vocational
rehabilitation agencies, that are contained in databases
maintained by the Rehabilitation Services Administration, as
required under section 13 of the Rehabilitation Act of 1973
(29 U.S.C. 712), and the Social Security Administration,
from its Summary Earnings and Records and Master Beneficiary
Records. For purposes of the exchange, the Social Security
data shall not be considered tax information and, as
appropriate, the confidentiality of all client information
shall be maintained by both agencies.
SEC. 138. EFFECTIVE DATE
(a) EFFECTIVE DATE
Except as provided in subsection (b), this title and the
amendments made by this title shall take effect on the date
of enactment of this Act.
(b) STATE PLAN
The Secretary of Education shall implement the amendments
made by section 122 of this Act to section 101 of the
Rehabilitation Act of 1973 (29 U.S.C. 721), as soon as is

practicable after the date of enactment of this Act,
consistent with the effective and efficient administration
of the Rehabilitation Act of 1973, but not later than
October 1, 1993.