VOCATIONAL REHABILITATION SERVICES.

SEC. 107. VOCATIONAL REHABILITATION SERVICES. (a) State Plans.— Section 101(a) (29 U.S.C. 721(a)) is amended— 107 STAT. 720 (1) in paragraph (10)(A), by striking “described in subparagraph (C)” and inserting “described in subparagraph (D)”; (2) in paragraph (32), by inserting “or independent commission described in paragraph (36)” after “Council”; (3) in paragraph (34)(B) by striking “part B” and inserting “section 110”; and (4) in paragraph (36)— (A) by amending subparagraph (B)(i) to read as follows: “(i) is responsible under State law for operating, or overseeing the operation of, the vocational rehabilitation program in the State;”; and (B) in subparagraph (C)— (i) by amending clause (i) to read as follows: “(i) an independent commission is responsible under State law for operating, or overseeing the operation of, the vocational rehabilitation programs of both such agencies and meets the requirements of clauses (ii) and (iv) of subparagraph (B);”; and (ii) by striking clause (ii) and inserting the following: “(ii) (I) an independent commission is responsible under State law for operating, or overseeing the operation of, the vocational rehabilitation program in the State for individuals who are blind, is consumer-controlled by and represents individuals who are blind, and undertakes the function set forth in section 105(c)(3); and “(II) an independent commission is responsible under State law for operating, or overseeing the operation of, the vocational rehabilitation program in the State for all individuals with disabilities except for individuals who are blind and meets the requirements of clauses (ii) and (iv) of subparagraph (B); or “(iii) (I) an independent commission is responsible under State law for operating, or overseeing the operation of, the vocational rehabilitation program in the State for individuals who are blind, is consumer-controlled by and represents individuals who are blind, and undertakes the function set forth in section 105(c)(3); and “(II) the State has established a State Rehabilitation Advisory Council that meets the criteria set forth in section 105 and carries out the duties of such a Council with respect to functions for, and services provided to, individuals with disabilities except for individuals who are blind.”. (b) Individualized Written Rehabilitation Program.— Section 102 (29 U.S.C. 722) is amended— (1) in subsection (a)(5)(B), by striking “section 7(22)(A)(iii)” and inserting “section 7(22)(A)(ii)”; and (2) in subsection (d)— (A) in paragraph (2)(C)(ii)(I), by striking “who were appointed under one of subparagraphs (E) through (H) of section 105(b)(I);” and inserting “who were appointed under one of clauses (v) through (viii) of section 105(b)(1)(A), or under one of clauses (v) through (ix) of section 105(b)(1)(B), as appropriate;”; and 107 STAT. 721 (B) in paragraph (6)(B), by redesignating paragraphs (1) through (4) as clauses (i) through (iv), respectively. (c) Vocational Rehabilitation Services.— Section 103(a) (29 U.S.C. 723(a)) is amended— (1) in paragraph (4)— (A) in subparagraph (D), by striking “a physician skilled in the diseases of the eye or by an optometrist, whichever the individual may select,” and inserting “qualified personnel, under State licensure laws, that are selected by the individual,”; and (B) in subparagraph (F), by striking “a physician or licensed psychologist” and all that follows and inserting “qualified personnel under State licensure laws;”; and (2) in paragraph (6), by striking “those individuals” and all that follows and inserting “those individuals determined to be blind after an examination by qualified personnel under State licensure laws;”. (d) State Rehabilitation Advisory Council.— (1) Amendments.— Section 105 (29 U.S.C. 725) is amended— (A) in subsection (b)— (i) by striking paragraph (1) and inserting the following: “(1) Composition.— “(A) In general.— Except in the case of a separate Council established under subsection (a)(2), the Council shall be composed of— “(i) 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; “(ii) at least one representative of a parent training and information center established pursuant to section 631(e)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1431(e)(1)); “(iii) at least one representative of the client assistance program established under section 112; “(iv) at least one vocational rehabilitation counselor, with knowledge of and experience with vocational rehabilitation programs, who shall serve as an ex officio, nonvoting member of the Council if the counselor is an employee of the designated State agency; “(v) at least one representative of community rehabilitation program service providers; “(vi) four representatives of business, industry, and labor; “(vii) 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 “(viii) current or former applicants for, or recipients of, vocational rehabilitation services. 107 STAT. 722 “(B) Separate council.— In the case of a separate Council established under subsection (a)(2), the Council shall be composed of— “(i) at least one representative described in subparagraph (A)(i); “(ii) at least one representative described in subparagraph (A)(ii); “(iii) at least one representative described in subparagraph (A)(iii); “(iv) at least one vocational rehabilitation counselor described in subparagraph (A)(iv), who shall serve as described in such subparagraph; “(v) at least one representative described in subparagraph (A)(v); “(vi) four representatives described in subparagraph (A)(vi); “(vii) at least one representative of a disability advocacy group representing individuals who are blind; “(viii) at least one parent, family member, guardian, advocate, or authorized representative, of an individual who— “(I) is an individual who is blind and has multiple disabilities; and “(II) has difficulty in representing himself or herself or is unable due to disabilities to represent himself or herself; and “(ix) applicants or recipients described in subparagraph (A)(viii). “(C) Exception.— In the case of a separate Council established under subsection (a)(2), any Council that is required by State law, as in effect on the date of enactment of the Rehabilitation Act Amendments of 1992, to have fewer than 13 members shall be deemed to be in compliance with subparagraph (B) if the Council— “(i) meets the requirements of subparagraph (B), other than the requirements of clauses (vi) and (ix) of such subparagraph; and “(ii) includes at least— “(I) one representative described in subparagraph (B)(vi); and “(II) one applicant or recipient described in subparagraph (B)(ix).”; and (ii) in paragraph (3)— (I) in the first sentence, by striking “or the appropriate entity within the State responsible for making appointments”; and (II) by inserting after the first sentence the following: “In the case of a State that, under State law, vests appointment authority in an entity in lieu of, or in conjunction with, the Governor, such as one or more houses of the State legislature, or an independent board that has general appointment authority, that entity shall make the appointments.”; and (B) in subsection (g), by inserting “(except for funds appropriated to carry out the client assistance program under section 112 and funds reserved pursuant to section 107 STAT. 723110(d) to carry out part D of this title)” before “to reimburse members”. (2) Effective date.— In the case of a State that demonstrates to the satisfaction of the Secretary of Education that the State has designated 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) of the Rehabilitation Act of 1973, and has established by State law a separate Council to perform the duties of a State Rehabilitation Advisory Council with respect to such State agency, the Secretary may delay the effective date of all or part of section 105(b)(1)(B), as amended by paragraph (1), until October 1, 1994. (e) State Allotments.— Section 110(c) (29 U.S.C. 730(c)) is amended— (1) in paragraph (2)— (A) by striking “to pay for initial expenditures during”; and (B) by inserting at the end the following: “The Commissioner shall make such amount available only if such other State will be able to make sufficient payments from non-Federal sources to pay for the non-Federal share of the cost of vocational rehabilitation services under the State plan for the fiscal year for which the amount was appropriated.”; and (2) by striking paragraph (4). (f) Payments to States.— Section 111(b) (29 U.S.C. 731(b)) is amended by moving paragraphs (1) and (2) 2 ems to the right. (g) Client Assistance Program.— Section 112 (29 U.S.C. 732) is amended— (1) in the first sentence of subsection (a), by striking “facilities” and inserting “community rehabilitation programs”; and (2) in subsection (e)(1)(D), by striking clause (ii) and inserting the following: “(ii) For any fiscal year in which the total amount appropriated under subsection (h) exceeds the total amount appropriated under such subsection for the preceding fiscal year by a percentage greater than the most recent percentage change in the Consumer Price Index For All Urban Consumers published by the Secretary of Labor under section 100(c)(1), the Secretary shall increase each of the minimum allotments under clause (i) by such percentage change in the Consumer Price Index For All Urban Consumers.” (h) Innovation and Expansion Grants.— Section 124 (29 U.S.C. 744) is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by striking “this subsection” and inserting “paragraph (1)(B)”; and (ii) in subparagraph (B), by striking “allotted” and inserting “allotted under paragraph (1)(A)”; and (B) by striking paragraph (3) and inserting the following: “(3) Adjustment for inflation.— For any fiscal year, beginning in fiscal year 1994, in which the total amount appropriated to carry out this part exceeds the total amount appropriated to carry out this part for the preceding fiscal year by a percentage greater than the most recent percentage change 107 STAT. 724in the Consumer Price Index For All Urban Consumers published by the Secretary of Labor under section 100(c)(1), the Commissioner shall increase the minimum allotment under paragraph (1)(B) by such percentage change in the Consumer Price Index For All Urban Consumers.”; and (2) by striking subsection (b) and inserting the following: “(b) Proportional Reduction.— To provide minimum allotments to States (as increased under subsection (a)(3)) under subsection (a)(1)(B), or to provide minimum allotments to States under subsection (a)(2)(B), the Commissioner shall proportionately reduce the allotments of the remaining States under subsection (a)(1)(A), with such adjustments as may be necessary to prevent the allotment of any such remaining State from being reduced to less than the minimum allotment for a State (as increased under subsection (a)(3)) under subsection (a)(1)(B), or the minimum allotment for a State under subsection (a)(2)(B), as appropriate.”.