“(7)
“(A) a high proportion of students are leaving secondary education without being employed in competitive integrated employment, or being enrolled in postsecondary education; and
“(B) there is a substantial need to support such students as they transition from school to postsecondary life.”
“(3) to increase employment opportunities and employment outcomes for individuals with disabilities, including through encouraging meaningful involvement by employers and vocational rehabilitation service providers on successful and prospective employment and placement strategies; and
“(4) to ensure, to the greatest extent possible, that youth with disabilities and students with disabilities who are transitioning from receipt of special education services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and receiving accommodations and supports consistent with section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) are either continuing their education or employed in competitive integrated employment.”
“(b) The Secretary shall ensure that—
“(1) the Rehabilitation Services Administration provides oversight of, conducts monitoring of, and provides technical assistance to, the designated State agencies funded under this Act; and
“(2) the staff providing such oversight, monitoring, and technical assistance includes individuals who have training in and experience with the programs administered by the Rehabilitation Services Administration.”
“(v) to the maximum extent possible, relies on information obtained from experiences in integrated employment settings in the community, and other integrated community settings;”
“(O) customized employment services;”
“(6) Competitive integrated employment
“(A) In general—The term competitive integrated employment means work by an employee who is an individual with a disability—
“(i) that is compensated at a rate that—
“(I) is the same rate as the rate for other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; and
“(II) shall be in accordance with the applicable law, but in no event less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State or local minimum wage law;
“(ii) for which the employee receives health and employment benefits comparable to those of other employees;
“(iii) that is at a location typically found in the community where the employee interacts frequently with other employees and individuals who are not individuals with disabilities to the same extent that non-disabled employees in comparable positions interact with others; and
“(iv) that provides opportunities for advancement that are equivalent to those for other employees who are not individuals with disabilities and who have comparable positions.
“(B) Inclusion of customized or supported employment—The term competitive integrated employment includes integrated employment resulting from the provision of customized employment strategies or supported employment services, provided the work involved satisfies the criteria described in subparagraph (A).
“(C) Inclusion of Self-Employment or Micro-enterprises—The term competitive integrated employment includes self-employment or micro-enterprises, as long as the work involved satisfies the criteria described in subparagraph (A).”
“(8) Customized employment—The term customized employment means an employment outcome in competitive integrated employment, for an individual with a significant disability, that is based on an individualized determination of the strengths, needs, and interests of the individual with a significant disability, is designed to meet the specific abilities of the individual with a significant disability and the business needs of the employer, and is carried out through flexible strategies, such as—
“(A) job exploration by the individual; and
“(B) working with an employer to facilitate placement, including—
“(i) customizing a job description based on current employer needs or on previously unidentified and unmet employer needs;
“(ii) developing a set of job duties (including a work schedule) and specifics of supervision (including performance evaluation and review), and determining job location;
“(iii) representation by a professional chosen by the individual, or self-representation by the individual, in working with an employer to facilitate placement; and
“(iv) providing services and supports at the job location.”
“(E) transition and prevention services that—
“(i) facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based residences, with the required supports and services;
“(ii) provide assistance to individuals with significant disabilities who are at risk of entering institutions so that the individuals may remain in the community; and
“(iii) facilitate the transition of youth (including students) who are individuals with significant disabilities, who were eligible for individualized education programs under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)), and who have completed their secondary education or otherwise left school, to postsecondary life, including employment; and
“(F) services to promote full access to community life.”
“(30) Post-employment service—The term post-employment service means a service identified under section 103(a) that is—
“(A) provided subsequent to the achievement of an employment outcome; and
“(B) necessary for an individual to maintain or regain an employment outcome in competitive integrated employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
“(31) Pre-employment transition services
“(A) In general—The term pre-employment transition services means a coordinated set activities for an eligible student with a disability, designed within an outcome-oriented process, that promotes movement from school to any of the following post-school activities: postsecondary education, vocational training, competitive integrated employment (including supported employment), adult education, adult services, independent living, or community participation.
“(B) Specific services—The term pre-employment transition services means a set of services, that is available to students with disabilities, and that makes available, at a minimum—
“(i) career counseling;
“(ii) work-based learning experience, including in-school and after school work experience, or work experience outside the traditional school setting (such as experience through job training or internships), that is provided in an integrated environment to the maximum extent possible;
“(iii) counseling on opportunities for enrollment in a comprehensive transition or postsecondary educational program at an institution of higher education;
“(iv) school-based preparatory employment experiences such as role playing, social skills development, and independent living training, coordinated with any transition services provided by the local educational agency under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); and
“(v) training in self-advocacy, individual rights, self-determination skills, and the informed consent process, as well as peer mentoring.
“(C) Coordinated set of activities—For purposes of subparagraph (A), the coordinated set of activities shall be based on the individual student’s needs, taking into account the student’s preferences and interests, and shall include education and training, community experiences, the development of employment and other adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.”
“(38) Student with a disability
“(A) In general—The term student with a disability means an individual with a disability who—
“(i) attends a secondary school;
“(ii)
“(I) is not younger than the earliest age for the provision of transition services under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)); and
“(II)
“(aa) is not older than 21 years of age; or
“(bb) if the State law for the State provides for a higher maximum age for receipt of services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), is not older than that maximum age; and
“(iii)
“(I) is eligible for, and receiving, special education or related services under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.); or
“(II) is an individual with a disability, for purposes of section 504.”
“(38) Supported employment—The term supported employment means an employment outcome in competitive integrated employment, including customized employment, that is consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individuals involved, for individuals with the most significant disabilities—
“(A)
“(i) for whom competitive integrated employment has not historically occurred; or
“(ii) for whom competitive integrated employment has been interrupted or intermittent as a result of a significant disability;
“(B) who, because of the nature and severity of their disability—
“(i) need intensive supported employment services for the period described in paragraph (39); and
“(ii) need extended services described in paragraph (13) in order to continue to perform in such work beyond the period described in paragraph (39); and
“(C) to the extent that on-going extended services, as described in paragraph (13) of this section, are needed, the designated State unit will assist the individual in identifying providers of those services.
“(39) Supported employment services—The term supported employment services means ongoing support services, including customized employment, needed to support and maintain an individual with a most significant disability in an employment, outcome that—
“(A) are provided singly or in combination and organized and made available in such a way as to assist an eligible individual to succeed in competitive integrated employment;
“(B) are based on a determination of the needs of an eligible individual, as specified in an individualized plan for employment; and
“(C) are provided by the designated State unit for a period of not more than 24 months, except that the period may be extended, if necessary, in order to achieve the employment outcome identified in the individualized plan for employment.”
“(44) Youth with a disability—The term youth with a disability means an individual with a disability who—
“(A) is not younger than 14 years of age; and
“(B) is not older than 24 years of age.”
“(B) provide technical assistance to the designated State units on developing successful partnerships with local and multi-State businesses to increase the employment of individuals with disabilities; and
“(C) provide technical assistance to providers and organizations on developing self-employment opportunities and outcomes for individuals with disabilities.”
“(2) The ILA Director described in section 701A shall include, in the annual report, information on the extent to which centers for independent living receiving funds under part C of title VII have complied with the standards and assurances set forth in section 725. The ILA Director may identify individual centers for independent living in the analysis contained in that information. The ILA Director shall include in the report the results of onsite compliance reviews, identifying individual centers for independent living and other recipients of assistance under part C of title VII.”
“(d)
“(1)
“(A) The Commissioner shall ensure that the reports, information, and data described in subparagraph (B) are made publicly available in a timely and accessible manner, including through electronic means, in order to inform the public about the administration and performance of programs in each State under this Act.
“(B) The reports, information, and data referred to in subparagraph (A) shall consist of—
“(i) reports submitted by a designated State agency or designated State unit under this Act;
“(ii) accountability information, including State performance information relating to evaluation standards and performance indicators, and additional performance accountability indicators, under section 106, including information on compliance with such standards, indicators, and measures, relating to individuals with disabilities, submitted by a designated State agency or designated State unit under this Act, or submitted by a State to the Secretary of Labor or the Secretary of Education under section 136 of the Workforce Investment Act of 1998;
“(iii) data collected from each designated State unit under this Act; and
“(iv) reports from monitoring conducted under this Act, including relevant reports required under section 136 of the Workforce Investment Act of 1998 and other relevant reports, information, and data required under title I of such Act.
“(C)
“(i) The Commissioner shall ensure that the information described in clause (ii) is made publicly available in a timely and accessible manner, including through electronic means.
“(ii) The information referred to in clause (i) is—
“(I) the reports, information, and data required to be submitted by designated State units or designated State agencies under this Act;
“(II) evaluations, studies, and audits conducted by Federal agencies, concerning programs carried out under this Act; and
“(III) a list that specifies the designated State unit or designated State agency for each State, including a link to the website maintained by each such unit or agency.
“(2) The Commissioner shall maintain public use read-only access to the State and aggregated reports, and analyzed data, concerning programs carried out under this Act, that are filed and maintained in the Rehabilitation Services Administration management information system or a system maintained by the Department of Education.”
“(c) Client assistance program; protection and advocacy of individual rights
“(1) Appropriated amounts—Notwithstanding any other provision of law, any funds appropriated for a fiscal year to carry out a grant program under section 112 or 509 (except as provided in section 509(b)), including any funds reallotted during that fiscal year under such grant program, that are not obligated and expended by a recipient prior to the beginning of the succeeding fiscal year, shall remain available for obligation and expenditure by such recipient during such succeeding fiscal year.
“(2) Program income—Notwithstanding any other provision of law, any amount of program income received by a recipient under a grant program under section 112 or 509 in a fiscal year that is not obligated and expended by the recipient prior to the beginning of the succeeding fiscal year, shall remain available until expended.”
“(1) Racial profile—The demographic profile of the United States is changing at an unprecedented rate, with the population of the Nation becoming far more ethnically diverse than in the past. Within the United States, while the rate of increase from 2000 to 2010 for White Americans was 7.9 percent, the rate of increase during that period for racial and ethnic minorities was much higher: 42.0 percent for Latinos, 11.4 percent for African-Americans, and 34.9 percent for Asian-Americans.
“(2) Rate of disability—Ethnic and racial minorities tend to have disabling conditions at a disproportionately high rate. In 2005—
“(A) among Americans ages 25 through 64, the rate of disability was 17.3 percent;
“(B) among African-Americans in that age range, the disability rate was more than twice as high, at 21.3 percent; and
“(C) for American Indians in the same age range, the disability rate was 25.6 percent of the general population.”
“(V)
“(aa) has the authority and responsibility within the State to ensure that the funds appropriated under this title are expended only in a manner that is consistent with the purposes of this title; and
“(bb) the authority and responsibility described in subparagraph (aa) may not be delegated to or performed by another agency, including the designated State agency for the vocational rehabilitation program, and or individual.”
“(D) notwithstanding subparagraph (C), assure that the designated State unit may give priority for the provision of services to those eligible individuals who require specific services or equipment in accordance with an approved individualized plan for employment to maintain an employment outcome under the vocational rehabilitation program; and”
“(I) a system for the continuing education of rehabilitation professionals and paraprofessionals within the designated State unit, particularly with respect to rehabilitation technology, including training implemented in coordination with entities carrying out State programs under section 4 of the Assistive Technology Act of 1998 (29 U.S.C. 3003); and”
“(IV) the total number of individuals with ongoing open cases (disaggregated by individuals who are in training settings, and individuals who are in postsecondary education), and the services individuals described in this subclause are receiving;
“(V) the total number of students with disabilities that are receiving pre-employment transition services, and the total cost for providing those services for each full fiscal year after the date of enactment of the Workforce Investment Act of 2012;
“(VI) the total number of students with disabilities that are receiving transition services, and the total cost for providing those services for each full fiscal year after the date of enactment of the Workforce Investment Act of 2012;
“(VII) the number of individuals referred to one-stop centers, as defined in section 134(c) of the Workforce Investment Act of 1998; and
“(VIII) the number of individuals referred from such one-stop centers to designated State units and the outcomes of such referrals;”
“(iii) the number of applicants and eligible recipients, including the numbers of individuals with significant disabilities, who exited the program carried out under this title and the number who achieved employment outcomes after receiving vocational rehabilitation services, including—
“(I) the number of youth with disabilities who—
“(aa) entered postsecondary education and the earnings of such youth who completed postsecondary education, by academic fields;
“(bb) attained academic levels and job skills needed for employment, such as a high school diploma, certificate, or other educational credential required for the employment outcome specified in the individual’s individualized plan for employment;
“(cc) entered postsecondary training or programs for apprenticeships registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); and
“(dd) the number of youth with disabilities who entered employment;
“(II) for individuals who obtained an employment outcome with wages—
“(aa) the average length of time for obtaining employment;
“(bb) the average earnings of individuals who obtained an employment outcome;
“(cc) the number who earned the minimum wage rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or another wage level set by the Commissioner, during such employment; and
“(dd) the number who received employment benefits from an employer during such employment;
“(III) a comparison, among individuals who obtained employment, of the number of individuals who no longer used public benefits; and
“(IV) for those individuals who received supported employment services—
“(aa) the number of individuals who were employed 6 months after receiving such services;
“(bb) the number of individuals who were employed 12 months after receiving such services; and
“(cc) the number of individuals who earned wages at not less than the minimum wage rate determined under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) during their employment; and”
“(iv)
“(I) the transition from school to postsecondary life, including employment, and achievement of the postsecondary vocational goals, of students with disabilities served under the program carried out under this title; and
“(II) the provision of supported employment services; and”
“(G) Rules for reporting of data—The disaggregation of data under this section shall not be required within a category if the number of participants in a category is insufficient to yield statistically reliable information, or required if the results would reveal personally identifiable information about an individual participant.
“(H) Comprehensive report—The State plan shall specify that the Commissioner will provide an annual comprehensive report that includes the reports and data required under this section, as well as a summary of the reports and data, for each fiscal year. The Commissioner shall submit the report to the Committee on Education and the Workforce of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Appropriations of the Senate, not later than 180 days after the end of the fiscal year involved.”
“(iii) identifying options for additional education and training, in order to facilitate the provision of services for youth with disabilities, including transition services for students with disabilities, such as services provided under section 114;”
“(E) Coordination with employers—The State plan shall contain plans, policies, and procedures for coordination between the designated State units, State workforce investment boards, local workforce investment boards, and employers that provide for building relationships with employers and identifying community-based competitive integrated employment opportunities and career exploration opportunities, in order to facilitate the provision of transition services for youth with disabilities and students with disabilities, such as services provided under section 114;”
“(G) Cooperative agreement regarding individuals eligible for home and community-based waiver programs—The State plan shall include an assurance that the designated State unit has entered into a formal cooperative agreement with the State agency responsible for administering the State Medicaid plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and the State designated agency described in section 125(d) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15025) with respect to the delivery of vocational rehabilitation services, including extended services, for individuals with the most significant disabilities who have been determined to be eligible for home- and community-based services under a Medicaid waiver, Medicaid State plan amendment, or other authority related to a State Medicaid program. The agreement shall describe strategies for collaboration and coordination in providing vocational rehabilitation services to such individuals receiving Medicaid home- and community-based services in a manner consistent with the person-centered planning process required by Medicaid.”
“(iii) strategies for the provision of transition planning, by personnel of the designated State unit, the State educational agency, and the recipient of funds under part C, that will facilitate the development and implementation of the individualized education programs under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)) and, as appropriate, the development and completion of the individualized plans for employment under section 102, in order to enable students with disabilities to achieve employment outcomes;”
“(I) Coordination with assistive technology programs—The State plan shall include an assurance that the designated State unit, and the lead agency and implementing entity (if any) designated by the Governor of the State under section 4 of the Assistive Technology Act of 1998 (29 U.S.C. 3003), have developed working relationships and will enter into agreements for the coordination of their activities, including the referral of individuals with disabilities to programs and activities described in that section.
“(J) Coordination with ticket to work and self-sufficiency program—The State plan shall include an assurance that the designated State unit will coordinate activities with any other State agency that is functioning as an employment network under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act (42 U.S.C. 1320b–19).”
“(D) an assurance that the State will report the information generated under subparagraphs (A), (B), and (C), for each of the individuals, to the Administrator of the Wage and Hour Division of the Department of Labor for each fiscal year, not later than 60 days after the end of the fiscal year.”
“(IV) individuals with disabilities receiving Medicaid home- and community-based waiver habilitation services (reference), including pre-vocational and supported employment services; and
“(V) youth with disabilities, and students with disabilities, including their need for pre-employment transition services described in section 114 or other transition services; and”
“(ii) include an assessment of the needs of individuals with disabilities for transition services and pre-employment transition services provided under this Act, and coordinated with transition services provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), and an assessment as to whether the transition and pre-employment transition services provided under those Acts meet the needs of individuals with disabilities.”
“(iii) the number of individuals who are eligible for services under this title, but are not receiving such services due to an order of selection; and”
“(iii) the methods to be used to improve and expand vocational rehabilitation services for students with disabilities, including the coordination of services designed to facilitate the transition of such students from the receipt of educational services in school to postsecondary life (including the receipt of vocational rehabilitation services under this title, postsecondary education, employment, and pre-employment transition services under section 114);”
“(B) Information on assistance for beneficiaries of assistance under title II or XVI of the Social Security Act—The State plan shall include an assurance that the designated State unit will make available, to individuals entitled to benefits under title II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) on the basis of a disability or blindness—
“(i) information on the availability of benefits and medical assistance authorized under the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), and medical assistance authorized under other federally funded programs;
“(ii) information on the availability of assistance through benefits planning and assistance programs authorized under section 1149 of the Social Security Act (42 U.S.C. 1320b–20) and services provided by the State protection and advocacy system and authorized under section 1150 of the Social Security Act (42 U.S.C. 1320b–21); and
“(iii) in the case of individuals who are also eligible for a ticket under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act (42 U.S.C. 1320b–19), general information regarding the options for using the ticket and information on how to contact a program manager of the Ticket to Work and Self-Sufficiency Program to obtain information on approved employment networks, on providers for the benefits planning and assistance programs described in clause (ii) in the State, and on the services provided by the State protection and advocacy system and described in clause (ii).”
“(25) Services for students with disabilities—The State plan shall provide an assurance satisfactory to the Secretary that, with respect to students with disabilities, the State—
“(A) has developed and will implement—
“(i) strategies to address the needs identified in the assessments described in paragraph (15); and
“(ii) strategies to achieve the goals and priorities identified by the State, in accordance with paragraph (15), to improve and expand vocational rehabilitation services for students with disabilities on a statewide basis; and
“(B) has developed and will implement a plan to carry out the provision of pre-employment transition services in accordance with section 114.
“(26) Job growth and development—The State plan shall provide an assurance describing how the State will utilize initiatives involving in-demand industry sectors or occupations as defined in section 101 of the Workforce Investment Act of 2012 to increase competitive integrated employment opportunities for individuals with disabilities.”
“(b) Submission; approval; modification—The State plan for vocational rehabilitation services shall be subject to—
“(1) section 112 of the Workforce Investment Act of 1998, in a case in which that plan is a portion of the State plan described in that section 112; and
“(2) section 113 of such Act in a case in which that State plan for vocational rehabilitation services is a portion of the State unified plan described in that section 113.”
“(c) Construction—Nothing in this part shall be construed to reduce the obligation of a local educational agency or any other agency to provide or pay for any transition services that are allowable under the programs of the respective agencies.”
“(A) the ineligibility determination shall be an individualized one, based on the available data, and shall not be based on disability category;”
“(B) information on the availability of assistance from consumer organizations, as defined in section 106(a)(4) (including a listing of such organizations) that can assist an individual in the development of an individualized plan for employment;”
“(iii) amended, as necessary, to include the post-employment services and service providers that are necessary for the individual to maintain or regain employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.”
“(F) Timeframe for completing the individualized plan for employment—The individualized plan for employment shall be developed as soon as possible, but not later than a deadline of 90 days after the date of the determination of eligibility described in paragraph (1), unless the designated State unit and the eligible individual agree to an extension of that deadline to a specific date by which the individualized plan for employment shall be completed.
“(G) Failure to develop the individualized plan for employment within the specified timeframe—In the event the individualized plan for employment is not completed by the deadline or extended deadline, as appropriate, under subparagraph (F), the eligible individual shall have the right to request both mediation and an impartial due process hearing according to the procedures described in subsection (c). At such hearing, the hearing officer shall have the authority to order the designated State unit to complete the individualized plan for employment within a specific period of time, not to exceed 60 days from the date of the decision, in addition to any other authority given to the officer under this section.”
“(I) needed to achieve the employment outcome, including, as appropriate—
“(aa) the provision of assistive technology devices and assistive technology services (including referrals described in section 103(a)(3) to the device reutilization programs and demonstrations described in subparagraphs (B) and (D) of section 4(e)(2) of the Assistive Technology Act of 1998 (29 U.S.C. 3003(e)(2))) through agreements developed under section 101(a)(11)(H); and
“(bb) personal assistance services (including training in the management of such services);
“(II) in the case of a plan for an eligible individual that is a student, the specific transition services and supports (including work experience, mentoring activities, and supported employment) needed to achieve the student's employment outcome or projected employment outcome; and”
“(H) for an individual who also is receiving assistance from an employment network under the Ticket to Work and Self-Sufficiency Program established under section 1148 of the Social Security Act (42 U.S.C. 1320b–19), a list of the services that are listed in the individual work plan that the individual developed with the employment network under subsection (g) of that section, and a description of how responsibility for service delivery will be divided between the employment network and the designated State unit in accordance with the agreement between the two parties required under the Ticket to Work and Self-Sufficiency Program.”
“(iv) any applicable State limit on the time by which a request for mediation under paragraph (4) or a hearing under paragraph (5) shall be made, and any required procedure by which the request shall be made.”
“(A) Officer—A due process hearing described in paragraph (2) shall be conducted by an impartial hearing officer who, on reviewing all the evidence presented, shall issue a written decision based on the provisions of the approved State plan, requirements specified in this Act (including regulations implementing this Act), and State regulations and policies that are consistent with the Federal requirements specified in this title. The officer shall provide the written decision to the applicant or eligible individual, or, as appropriate, the applicant’s representative or individual’s representative, and to the designated State unit. The impartial hearing officer shall have the authority to render a decision and require actions, consistent with the requirements specified in this title (including regulations implementing this title), regarding all aspects of the applicant's or eligible individual's vocational rehabilitation services under this title.”
“(15) transition services for students with disabilities, that facilitate the transition from school to postsecondary life, such as achievement of an employment outcome in competitive integrated employment, or pre-employment transition services described in section 114;”
“(17) customized employment services;”
“(20) mentoring services.”
“(6) Consultation and technical assistance services to assist State educational agencies and local educational agencies in planning for the transition of students with disabilities from school to postsecondary life, including employment.”
“(ix) in a State in which one or more projects are funded under section 121 and in which such services are provided through those projects, at least one representative of the directors of the projects located in such State;”
“(xii) the director of the State's comprehensive statewide program of technology-related assistance funded under section 4 of the Assistive Technology Act of 1998 (29 U.S.C. 3003).”
“(xiii) the director of the State's comprehensive statewide program of technology-related assistance funded under section 4 of the Assistive Technology Act of 1998 (29 U.S.C. 3003).”
“(a) In general
“(1) Standards and indicators—The evaluation standards and performance indicators for the vocational rehabilitation program carried out under this title shall be subject to the performance accountability provisions described in section 136(b) of the Workforce Investment Act of 2012.
“(2) Additional performance accountability indicators
“(A) In general—Subject to subparagraph (B), the Commissioner may establish through regulation additional performance accountability indicators, which may include outcome and related measures of program performance.
“(B) Comment—Such additional performance accountability 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.
“(3) Reports—Each State that receives funds under this title shall submit a report to the Commissioner containing information on any additional performance accountability indicators established under paragraph (2).
“(4) Consumer organization—In this subsection, the term consumer organization means a membership organization, or disability advocacy group, for which a majority of the members of the board of directors of the organization or group are individuals with disabilities or family members of individuals with disabilities.”
“(i) on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State to make revisions to the plan to improve performance; and”
“(A)
“(i) the eligibility process to ensure compliance with the requirements set forth in section 102(a); and
“(ii) implementation of an order of selection, if applicable, to ensure compliance with the requirements set forth in section 101(a)(5); and
“(B) the provision of services to ensure compliance with section 103;”
“(D) data on individuals determined to be ineligible for services due to severity of their disability, to determine if systematic changes could result in increased capacity to meet the needs of such individuals; and”
“109. Training and services for employers
“A State may expend payments received under section 111 to educate and provide services to employers who have hired or are interested in hiring individuals with disabilities under programs carried out under this title, including—
“(1) providing training and technical assistance to employers regarding the employment of individuals with disabilities, including disability awareness, and the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and other employment-related laws;
“(2) working with employers to—
“(A) provide opportunities for work-based learning experience (including internships, short-term employment, apprenticeships, and fellowships), such as opportunities in conjunction with pre-employment transition services;
“(B) recruit qualified applicants with disabilities;
“(C) train employees with disabilities; and
“(D) promote retention of employees who are at risk of losing a job due to disability-related barriers;
“(3) providing consultations, technical assistance, and support to employers on workplace accommodations, assistive technology, and facilities and workplace access;
“(4) assisting employers with utilizing available financial support, including tax credits and deductions available for hiring or accommodating individuals with disabilities; and
“(5) supporting the development of working relationships between State vocational rehabilitation agencies, the workforce investment system, their community partners, and employers on multi-State and national levels, including—
“(A) encouraging employers to recruit qualified individuals with disabilities for available employment opportunities;
“(B) facilitating such recruitment by disseminating information about specific available employment opportunities to qualified individuals who are recipients of vocational rehabilitation services under this subtitle, or who are applicants for such services;
“(C) matching qualified individuals who are recipients of vocational rehabilitation services under this subtitle, or who are applicants for such services, with employers that have available employment opportunities on the local, regional, or national level; and
“(D) providing support services, as appropriate, to employers to facilitate the hiring of qualified individuals who are recipients of vocational rehabilitation services under this subtitle, or who are applicants for such services.”
“(b)
“(1) Not later than 45 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, whether any amount from the 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)
“(A) As soon as practicable but not later than the end of the fiscal year, the Commissioner shall reallot the amount available under paragraph (1) to other States, consistent with subparagraphs (B) and (C), for carrying out the purposes of this title to the extent the Commissioner determines that another State will be able to use an additional amount, during that fiscal year or the subsequent fiscal year for carrying out such purposes.
“(B)
“(i) The Commissioner shall reallot a portion of the amount available under paragraph (1) for a fiscal year to each State whose allotment under subsection (a) for such fiscal year is less than such State's allotment under subsection (a) for the immediately preceding fiscal year, adjusted by the percentage change in the funds available for subsection (a) from the immediately preceding fiscal year.
“(ii)
“(I) Subject to subclause (II), a State that is eligible to receive a reallotment under clause (i) shall receive a portion for a fiscal year from the amount available for reallotment under paragraph (1) that is equal to the difference between—
“(aa) the amount such State was allotted under subsection (a) for such fiscal year; and
“(bb) the amount such State was allotted under subsection (a) for the immediately preceding fiscal year, adjusted by the percentage change in the funds available for subsection (a) from the immediately preceding fiscal year.
“(II) If the amount available for reallotment under paragraph (1) is insufficient to provide each State eligible to receive a reallotment under clause (i) with the portion described in subclause (I), the amount reallotted to each eligible State shall be determined by the Commissioner.
“(C) If there are funds remaining after each State eligible to receive a reallotment under subparagraph (B)(i) receives the portion described in subparagraph (B)(ii), the Commissioner shall reallot the remaining funds among the States requesting a reallotment.
“(3) The Commissioner shall reallot an amount to a State under this subsection only if the 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.
“(4) For the purposes of this part, any portion 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.
“(c)
“(1) For fiscal year 2012 and for each fiscal year thereafter, the Commissioner shall reserve, from the funds appropriated under section 100(b)(1) for each fiscal year, an amount that is not less than 1.23 percent and not more than 1.5 percent of those funds in order to carry out section 121, provided that the minimum percentage that may be reserved shall increase by 0.01 percent for each succeeding fiscal year after fiscal year 2012.
“(2) Notwithstanding paragraph (1), there shall be no increase in the minimum percentage of funds reserved under paragraph (1) unless there is an equivalent increase in the funds appropriated under section 100(b)(1).”
“(d) From any State allotment under subsection (a) for a fiscal year, the State shall reserve not less than 10 percent of the allotted funds for the provision of transition services to assist students with disabilities and youth with disabilities in transitioning from education or training to employment, which includes pre-employment transition services under section 114.”
“(A) After reserving funds under subparagraphs (E) and (F), the Secretary shall allot the remainder of the sums appropriated for each fiscal year under this section among the designated CAP agencies within the States on the basis of relative population of each State, except that no such agency shall receive less than $50,000.”
“(D)
“(i) For any fiscal year for which the funds appropriated for such fiscal year under subsection (h) exceed $7,500,000, the minimum allotment under this subsection shall be $100,000 for the designated CAP agencies located in States and $45,000 for the designated CAP agencies located in territories.
“(ii) For any fiscal year for which the total amount appropriated under subsection (h) exceeds the total amount appropriated under such subsection (or the corresponding provision) for the preceding fiscal year, the Secretary shall increase each of the minimum allotments under clause (i) by a percentage that shall not exceed the percentage increase, calculated by dividing such total amount for the fiscal year involved by such total amount for the preceding fiscal year.
“(E)
“(i) For any fiscal year for which the amount appropriated under subsection (h) equals or exceeds $13,000,000, the Secretary shall reserve funds appropriated under subsection (h) to make a grant to the protection and advocacy system serving the American Indian Consortium, to provide designated CAP agency services in accordance with the requirements of this section. The amount of such a grant shall be the same amount as is provided to a territory under subparagraph (B), as increased under clauses (i) and, if applicable, (ii) of subparagraph (D).
“(ii) In this subparagraph:
“(I) The term American Indian Consortium has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002).
“(II) The term protection and advocacy system means a protection and advocacy system established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
“(F) For any fiscal year for which the amount appropriated under subsection (h) equals or exceeds $14,000,000, the Secretary shall reserve not less than 1.8 percent and not more than 2.2 percent of such amount to provide a grant for training and technical assistance for the programs established under this section. Such training and technical assistance shall be coordinated with activities provided under section 509(c)(1)(A).”
“113. Additional technical assistance
“The Commissioner shall provide technical assistance for programs provided under this title regarding improving the quality of vocational rehabilitation services provided through the programs, including—
“(1) consulting with the Department of Labor, the Small Business Administration, other appropriate Federal agencies, State and local workforce investment boards, and businesses or business-led intermediaries;
“(2) based on information obtained through the consultations, providing—
“(A) technical assistance that improves quality by enabling designated State units to develop successful partnerships with local and multi-State businesses in an effort to employ individuals with disabilities; and
“(B) technical assistance on developing self-employment opportunities and improving employment outcomes for individuals with disabilities; and
“(3) providing technical assistance to improve the quality of vocation rehabilitation services programs carried out under section 121.”
“114. Provision of pre-employment transition services for students with disabilities
“(a) In general—From the funds reserved under section 110(d), and funds made available from State, local, and private funding sources (consistent with requirements that apply to the acceptance and use of such funds), each State shall ensure that—
“(1) the designated State unit shall provide, or arrange for the provision of, pre-employment transition services for all students with disabilities who are in need of such services; and
“(2) the designated State unit will not expend more than 5 percent of the funds reserved to carry out this section to pay for the administrative costs associated with providing pre-employment transition services under this section.
“(b) Local pre-Employment transition coordinator
“(1) Coordinator—Each local office of a designated State unit shall designate at least 1 staff person to carry out the responsibilities of a Local Pre-Employment Transition Coordinator for students with disabilities, as well as appropriate staff to support the Coordinator in carrying out the responsibilities as described in paragraph (2).
“(2) Responsibilities—It shall be the responsibility of a Local Pre-Employment Transition Coordinator to—
“(A) attend individualized education program meetings, as appropriate, for students with disabilities;
“(B) work with the local workforce investment boards, one-stop centers, and employers to develop job opportunities for students with disabilities, including internships, summer employment opportunities and other employment opportunities available throughout the school year, and apprenticeships; and
“(C) work with schools, including those carrying out activities under section 614(d)(1)(A)(i)(VIII) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VIII)), to coordinate and ensure the provision of pre-employment transition services for students with disabilities, including services described in clauses (i) through (v) of section 7(30)(B).
“(c) National pre-Employment transition coordination
“(1) In general—The Secretary of Education and the Secretary of Labor shall each designate a lead staff person to fulfill the responsibilities of a National Pre-Employment Transition Coordinator for Students with Disabilities. The National Pre-Employment Transition Coordinators shall work cooperatively, and with other Federal agencies including the Corporation for National and Community Service, to develop and coordinate—
“(A) agency policies related to pre-employment transition services; and
“(B) resources to increase job opportunities for students with disabilities, including internships, summer employment opportunities and other employment opportunities available throughout the school year, and apprenticeships.
“(2) Construction—Nothing in this subsection shall be construed to prohibit either Secretary from assigning additional responsibilities, other than the responsibilities described in this subsection, to a staff person designated under this subsection.”
“(D) contains assurances that—
“(i) all decisions affecting eligibility for vocational rehabilitation services, the nature and scope of available vocational rehabilitation services, and the provision of such services, will be made by a representative of the tribal vocational rehabilitation program funded through the grant; and
“(ii) such decisions will not be delegated to another agency or individual.”
“(3) If an application is approved under this part for a grant, the resulting grant shall be for 5 years, if the grant recipient complies with the program requirements for the program carried out under this part (including the regulations promulgated for the program). The grant shall be renewed for additional 5-year periods if the Commissioner determines that the grant recipient demonstrated acceptable past performance and the grant recipient submits, and obtains approval by the Commissioner, for a plan, including a proposed budget, that identifies future performance criteria, goals, and objectives. The State shall continue to provide vocational rehabilitation services under the State plan to American Indians residing on or near a reservation whenever such State includes any such American Indians in its State population under section 110(a)(1).
“(4) In allocating funds for grants under this part, the Secretary shall give priority to paying the continuation costs of projects in existence on the date of the allocation and may provide for increases in funding for such projects that the Secretary determines to be necessary.”
“(c)
“(1) From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal year 2012, the Commissioner shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide training and technical assistance to governing bodies described in subsection (a) for such fiscal year.
“(2) From the funds reserved under paragraph (1), the Commissioner shall make grants to, and enter into contracts and other arrangements with, entities that have experience in the operation of vocational rehabilitation services programs under this section to provide such training and technical assistance with respect to developing, conducting, administering, and evaluating such programs.
“(3) The Commissioner shall conduct a survey of the governing bodies regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, or other arrangements.
“(4) To be eligible to receive a grant or enter into a contract or other arrangement under this section, such an entity shall submit an application to the Commissioner at such time, in such manner, and containing a proposal to provide such training and technical assistance, and containing such additional information as the Commissioner may require. The Commissioner shall provide for peer review of grant applications by panels that include persons who are not government employees and who have experience in the operation of vocational rehabilitation services programs under this section.”
“(7) identify effective strategies for supporting the employment of individuals with disabilities in competitive integrated employment.”
“(iii) knowledge translation and dissemination; and”
“(A) public and private entities, including—
“(i) elementary schools and secondary schools (as defined in section 9101 of the Elementary and Secondary Education Act of 1965);
“(ii) institutions of higher education; and
“(iii) nongovernmental agencies and organizations;
“(B) rehabilitation practitioners;
“(C) employers and organizations representing employers with respect to employment-based educational materials or research;
“(D) individuals with disabilities (especially such individuals who are members of minority groups or of populations that are unserved or underserved by programs under this Act);
“(E) the individuals' representatives for the individuals described in subparagraph (D); and
“(F) the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Appropriations of the Senate, the Committee on Education and the Workforce of the House of Representatives, the Committee on Appropriations of the House of Representatives, and the National Council on Disability;”
“(12) ensuring that the research activities and findings, demonstration projects, reports, evaluations, studies, information described in this section, as well as information about any reports in progress, will be made publicly available in a timely manner, including through electronic means (such as the website of the Department of Education and other relevant government agency websites) in order to inform the public about the research and activities performed under this title.”
“(i)
“(1) The Director shall determine if entities that received financial assistance under this title are complying with the applicable requirements of this Act and achieving measurable goals, described in section 204(d)(2), that are consistent with the requirements of the programs under which the entities received the financial assistance.
“(2) To assist the Director in carrying out the responsibilities described in paragraph (1), the Director shall require recipients of financial assistance under this title to submit relevant information to evaluate program outcomes with respect to the measurable goals described in section 204(d)(2) pursuant to section 75.118 of title 34, Code of Federal Regulations.”
“(l) The Director shall make grants to institutions of higher education for the training of rehabilitation researchers, including individuals with disabilities and traditionally underserved populations of individuals with disabilities, as described in section 21, with particular attention to research areas that—
“(1) support the implementation and objectives of this Act; and
“(2) improve the effectiveness of services authorized under this Act.
“(m)
“(1) Not later than December 31 of each year, the Director shall prepare, and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives, a report on the activities funded under this title.
“(2) The report under paragraph (1) shall include—
“(A) a compilation and summary of the information provided by recipients of financial assistance for such activities under this title;
“(B) a summary of recipients of financial assistance received under this title and the progress of the recipients of financial assistance in achieving the measurable goals described in section 204(d)(2); and
“(C) a summary of practical implications of research outcomes and anticipated next steps.
“(n)
“(1) If the Director determines that an entity that receives financial assistance under this title fails to comply with the applicable requirements of this Act, or to make progress toward achieving the measurable goals described in section 204(d)(2), with respect to the covered activities involved, the Director shall enact monitoring and enforcement measures pursuant to section 75.253 of title 34, Code of Federal Regulations.
“(2) As part of the annual report required under subsection (m), the Secretary shall describe each action taken by the Secretary under paragraph (1) and the outcomes of such action.”
“(A) share information regarding the range of assistive technology research, rehabilitation research, and research that incorporates the principles of universal design, that is being carried out by members of the Committee and other Federal departments and organizations;
“(B) identify and make efforts to address, gaps in assistive technology research, rehabilitation research, and research that incorporates the principles of universal design, that are not being adequately addressed;”
“(c)
“(1) Not later than 2 years after the date of enactment of the Workforce Investment Act of 2012, and periodically thereafter, the Committee shall host a disability and rehabilitation research summit, for the purposes of establishing a research agenda to ensure projects are relevant and applicable, bringing together policymakers, representatives from Federal agencies conducting disability and rehabilitation research, nongovernmental funders of rehabilitation research, and organizations representing individuals with disabilities, researchers, and providers.
“(2) Based on the proceedings of the summit described in paragraph (1), the Committee shall develop a comprehensive Government-wide strategic plan for disability and rehabilitation research. The strategic plan shall include measurable goals and objectives, action-oriented measures, timetables, budgets, and assignment of responsible individuals and agencies for carrying out research activities. At a minimum, the strategic plan shall include—
“(A) research priorities and recommendations;
“(B) the development of a searchable Government-wide inventory of disability and rehabilitation research for trend and data analysis across Federal agencies;
“(C) a set of guiding principles and policies and procedures for conducting and administering disability and rehabilitation research across Federal agencies; and
“(D) a summary of underemphasized and of duplicative areas of research.
“(3) Not later than 90 days after the conclusion of the summit described in paragraph (1), the strategic plan described in paragraph (2) shall be submitted to the President and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives.
“(4) The annual report prepared by the Committee under subsection (d) shall include an annual accounting of the progress made in implementing the strategic plan described in paragraph (2), including achievement of measurable goals and objectives, timetables, budgets, and the assignment of responsible individuals and agencies.
“(5) The Committee shall have the authority to facilitate collaborative projects among Federal agencies by receiving the transfer of funds from such agencies.”
“(1) describes the progress of the Committee in fulfilling the duties described in subsections (b) and (c), and including specifically for subsection (c)—
“(A) a report of the progress made in implementing the strategic plan;
“(B) a description of the achievement of measurable goals, objectives, and timetables;
“(C) detailed budgetary information; and
“(D) the assignment of responsible individuals and agencies.”
“(3) the term rehabilitation research means research on issues and topics related to attaining maximum self sufficiency and function by individuals with disabilities, including research on assistive technology and universal design, employment, education, health and function, and community integration and participation.”
“(ii) studies and analysis of policies and the interaction of how particular factors (industrial, vocational, educational, employment, social, recreational, psychiatric, psychological, economic, and health and health care), including for traditionally underserved populations as described in section 21, affect the rehabilitation of individuals with disabilities;”
“(viii) studies, analyses, and other activities affecting employment outcomes as defined in section 7(11), including self-employment and telecommuting, of individuals with disabilities.”
“(3) In carrying out this section, the Director shall emphasize covered activities that include plans for—
“(A) dissemination of high quality materials, scientifically valid research results, or findings, conclusions, and recommendations resulting from covered activities, including through electronic means (such as the website of the Department of Education), so that such information is available in a timely manner to the general public; or
“(B) the commercialization of marketable products, research results, or findings, resulting from the covered activities.”
“(i) be operated in collaboration with institutions of higher education or providers of rehabilitation services, developers or providers of assistive technology devices, assistive technology services, or information technology devices or services, or providers of other appropriate services; and
“(ii) serve as centers of national excellence and national or regional resources for individuals with disabilities, as well as providers, educators, and researchers.”
“(iv) serving as an informational and technical assistance resource to individuals with disabilities, as well as to providers, educators, and researchers, through conferences, workshops, public education programs, in-service training programs, and similar activities and providing knowledge translation to promote the use of research findings through training, technical assistance, and dissemination, including identifying potential new areas of research; and
“(v) developing practical applications for the findings of the research of the Centers.”
“(iii) improving the evaluation process for determining the assistive technology needs of individuals with disabilities;
“(iv) research related to vocational rehabilitation, including the use of assistive technology devices and accessible electronic and information technology devices in employment;
“(v) continuation of research that promotes the emotional, social, educational, and functional growth of children who are individuals with disabilities, as well as their integration in school, employment, and community activities;
“(vi) continuation of research to develop and evaluate interventions, policies, and services that support families of children and adults who are individuals with disabilities;
“(vii) continuation of research that will improve services and policies that foster the independence and social integration of individuals with disabilities, and enable individuals with disabilities, including individuals with intellectual disabilities and other developmental disabilities, to live in their communities; and
“(viii) research, dissemination, and technical assistance on best practices in supported employment and other strategies to promote competitive integrated employment for persons with the most significant disabilities.”
“(D) Training of students preparing to be rehabilitation personnel or to provide rehabilitative, assistive, or supportive services (such as rehabilitation counseling, personal care services, direct care, job coaching, aides in school based setting, or advice or assistance in utilizing assistive technology devices, assistive technology services, and accessible electronic and information technology devices and services) shall be an important priority for each such Center.”
“(G) develop models and alternatives to help transition sheltered workshops for individuals with disabilities to competitive integrated employment for such individuals, and develop recommendations for decreasing reliance on the special minimum wage certificate program under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)).”
“(17) Research grants may be used to provide for research and training concerning the delivery of vocational rehabilitation services. Such projects and activities may include projects and activities designed to—
“(A) identify, develop, and evaluate evidence-based practices or policies that are effective in improving employment outcomes for individuals with disabilities;
“(B) conduct research related to improving the provision of services for underserved or special populations, such as strategies to enhance employment services and outcomes for middle-aged and older workers with disabilities or American Indians with disabilities;
“(C) conduct research on the delivery of vocational rehabilitation services to rural areas;
“(D) demonstrate innovative models of service delivery or testing methods of service delivery that have the potential to improve the effectiveness of programs authorized under this Act, including the use of assistive technology devices and accessible electronic and information technology devices in employment;
“(E) conduct research on ways to improve the performance of State vocational rehabilitation agencies;
“(F) disseminate and promote the implementation of evidence-based practices identified through these activities; and
“(G) conduct rigorous evaluations of programs and activities administered by the Rehabilitation Services Administration or supported under this Act.”
“(d)
“(1) The Director shall award the grants, contracts, or other financial assistance under this title on a competitive basis.
“(2)
“(A) To be eligible to receive financial assistance under this section for a covered activity, an entity shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require.
“(B) The application shall include information describing—
“(i) measurable goals, as established through section 1115 of title 31, United States Code, and a timeline and specific plan for meeting the goals, that the applicant has set for addressing priorities related to—
“(I) commercialization of a marketable product (including a marketable curriculum or research) resulting from the covered activity;
“(II) in the case of a covered activity relating to technology, technology transfer;
“(III) in the case of research, dissemination of research results to, as applicable, Government entities, individuals with disabilities, covered schools, the business community, the assistive technology community, and the accessible electronic and information technology community; and
“(IV) other priorities as required by the Director; and
“(ii) how the applicant will quantifiably measure the goals to determine whether the goals have been accomplished.
“(3)
“(A) In the case of an application for financial assistance under this section to carry out a covered activity that results in the development of a marketable product, the application shall also include a commercialization and dissemination plan, as appropriate, containing commercialization and marketing strategies for the product involved, and strategies for disseminating information about the product. The financial assistance shall not be used to carry out the commercialization and marketing strategies.
“(B) In the case of any other application for financial assistance to carry out a covered activity under this section, the application shall also include a dissemination plan, containing strategies for disseminating educational materials, research results, or findings, conclusions, and recommendations, resulting from the covered activity.”
“(c) Qualifications—Members of the Council shall include representatives of rehabilitation professionals, rehabilitation researchers, the directors of community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services carried out under this Act and with hiring individuals with disabilities, assistive technology developers and manufacturers, information technology vendors and manufacturers, entities carrying out programs under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.), covered school professionals, individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives.”
“206. Definition of covered school
“In this title, the term covered school means an elementary school or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) or an institution of higher education.”
“(H) personnel trained in providing assistive technology services.”
“(iv) for the 2 years following the date of enactment of the Workforce Investment Act of 2012, to provide training regarding the amendments made to this Act.”
“(i) special projects and demonstration programs focused on improving transition from education to competitive integrated employment for youth who are individuals with significant disabilities;”
“(iii) increasing competitive integrated employment for individuals with significant disabilities.”
“(F) to provide support and guidance in helping individuals with significant disabilities, including students with disabilities, transition to competitive integrated employment; and”
“(e) Authorization of appropriations—For the purpose of carrying out this section (other than subsections (c) and (e)), there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2013 through 2017.”
“(l) System authority—For purposes of serving persons eligible for services under this section, an eligible system shall have the same general authorities, including access to records, as the system is afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.), as determined by the Commissioner of the Administration on Developmental Disabilities.”
“(c) Regulations—Not later than 6 months after the date of the issuance of the standards under subsection (a), each appropriate Federal agency authorized to promulgate regulations under section 504 or the Americans with Disabilities Act of 1990 shall prescribe regulations in an accessible format, to the extent necessary to carry out the provisions of this section, section 504, and the Americans with Disabilities Act of 1990, as applicable, that include accessibility standards that are consistent with the standards issued under subsection (a).”
“(ii) identify job and career availability within the community in consultations with local workforce investment boards, consistent with the existing and emerging in-demand industry sectors and occupations as defined in section 101 of the Workforce Investment Act of 2012, and the employment needs of employers in those industry sectors and occupations;”
“(v) coordinate such training and job placement activities with the local workforce investment boards described in clause (ii) as appropriate, and with the Job Corps center industry councils established under section 154 of the Workforce Investment Act of 2012.”
“(ii) internship programs for individuals with disabilities who seek employment; and”
“(i) Prohibited use of funds—Grant funds awarded under this section shall not be used to support services in sheltered workshops or segregated settings.”
“B Supported employment services
“621. Purpose
“It is the purpose of this part to authorize allotments, in addition to grants for vocational rehabilitation services under title I, to assist States in developing collaborative programs with appropriate entities to provide supported employment services for individuals with the most significant disabilities, including youth with the most significant disabilities, to enable such individuals to achieve an employment outcome of supported employment in competitive integrated employment.
“622. Allotments
“(a) In general
“(1) States—The Secretary shall allot the sums appropriated for each fiscal year to carry out this part among the States on the basis of relative population of each State, except that—
“(A) no State shall receive less than $250,000, or 1/3 of 1 percent of the sums appropriated for the fiscal year for which the allotment is made, whichever amount is greater; and
“(B) if the sums appropriated to carry out this part for the fiscal year exceed the sums appropriated to carry out this part for fiscal year 1992 by $1,000,000 or more, no State shall receive less than $300,000, or 1/3 of 1 percent of the sums appropriated for the fiscal year for which the allotment is made, whichever amount is greater.
“(2) Certain territories
“(A) In general—For the purposes of this subsection, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands shall not be considered to be States.
“(B) Allotment—Each jurisdiction described in subparagraph (A) shall be allotted not less than 1/8 of 1 percent of the amounts appropriated for the fiscal year for which the allotment is made.
“(b) Reallotment—Whenever the Commissioner determines that any amount 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 provisions 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 provisions. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for the 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.
“(c) Limitations on administrative costs—A State that receives an allotment under this part shall not use more than 5 percent of the funds made available through the allotment to pay for administrative costs.
“(d) Services for youth with the most significant disabilities—A State that receives an allotment under this part shall expend half of the allotment for the provision of supported employment services, including extended services, to youth with the most significant disabilities in order to assist those youth to achieve an employment outcome in supported employment.
“623. Availability of services
“(a) Supported employment services—Funds provided under this part may be used to provide supported employment services to individuals who are eligible under this part.
“(b) Extended services—Except as provided in paragraph (c), funds provided under this part, or title I, may not be used to provide extended services to individuals who are eligible under this part or title I.
“(c) Extended services for youth with the most significant disabilities—Funds allotted under this part, or title I, and used for the provision of services under this part to youth with the most significant disabilities pursuant to section 622(d) of this part, may be used to provide extended services to youth with the most significant disabilities for a period not to exceed four years.
“624. Eligibility
“An individual, including a youth with a disability, shall be eligible under this part to receive supported employment services authorized under this part if—
“(1) the individual, including a youth with a disability, is eligible for vocational rehabilitation services under title I;
“(2) the individual, including a youth, is determined to be an individual with a most significant disability; and
“(3) a comprehensive assessment of rehabilitation needs of the individual or youth described in section 7(2)(B), including an evaluation of rehabilitation, career, and job needs, identifies supported employment as the appropriate employment outcome for the individual or youth.
“625. State plan
“(a) State plan supplements—To be eligible for an allotment under this part, a State shall submit to the Commissioner, as part of the State plan under section 101, a State plan supplement for providing supported employment services authorized under this Act to individuals, including youth with the most significant disabilities, who are eligible under this Act to receive the services. Each State shall make such annual revisions in the plan supplement as may be necessary.
“(b) Contents—Each such plan supplement shall—
“(1) indicate each designated State agency as the agency to administer the program assisted under this part;
“(2) summarize the results of the comprehensive, statewide assessment conducted under section 101(a)(15)(A)(i), with respect to the rehabilitation needs of individuals, including youth, with significant disabilities and the need for supported employment services, including needs related to coordination;
“(3) describe the quality, scope, and extent of supported employment services authorized under this Act to be provided to individuals, including youth with the most significant disabilities, who are eligible under this Act to receive the services and specify the goals and plans of the State with respect to the distribution of funds received under section 622;
“(4) demonstrate evidence of the efforts of the designated State agency to identify and make arrangements (including entering into cooperative agreements) with other State agencies and other appropriate entities to assist in the provision of supported employment services;
“(5) demonstrate evidence of the efforts of the designated State agency to identify and make arrangements (including entering into cooperative agreements) with other public or nonprofit agencies or organizations within the State, employers, natural supports, and other entities with respect to the provision of extended services;
“(6) a description of the activities to be conducted under this part, using the funds specified in section 622(d) of this title, for providing supported employment services to youth with the most significant disabilities, including—
“(A) the provision of extended services for a period not to exceed four years; and
“(B) how the State will use the funds specified in section 622(d) to leverage other public and private funds to increase resources for extended services and expand supported employment opportunities for youth with the most significant disabilities;
“(7) provide assurances that—
“(A) funds made available under this part will only be used to provide supported employment services authorized under this Act to individuals, including youth, who are eligible under this part to receive the services;
“(B) the comprehensive assessments of individuals with significant disabilities, including youth with the most significant disabilities, conducted under section 102(b)(1) and funded under title I will include consideration of supported employment as an appropriate employment outcome;
“(C) an individualized plan for employment, as required by section 102, will be developed and updated using funds under title I in order to—
“(i) specify the supported employment services to be provided, including as appropriate for youth with the most significant disabilities, transition services and pre-employment transition services provided in accordance with sections 101(a)(25) and 114;
“(ii) specify the expected extended services needed, including the extended services that may be provided to youth with the most significant disabilities under this part, in accordance with an approved individualized plan for employment, for a period not to exceed four years; and
“(iii) identify, as appropriate, the source of extended services, which may include natural supports, or to the extent that it is not possible to identify the source of extended services at the time the individualized plan for employment is developed;
“(D) the State will use funds provided under this part only to supplement, and not supplant, the funds provided under title I, in providing supported employment services specified in the individualized plan for employment;
“(E) services provided under an individualized plan for employment will be coordinated with services provided under other individualized plans established under other Federal or State programs;
“(F) to the extent jobs skills training is provided, the training will be provided onsite;
“(G) supported employment services will include placement in an integrated setting based on the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of individuals with the most significant disabilities;
“(H) the State agencies designated under paragraph (1) will expend not more than 5 percent of the allotment of the State under this part for administrative costs of carrying out this part; and
“(I) with respect to supported employment services provided to youth with the most significant disabilities with the funds described in section 622(d), the designated State agency will provide, directly or indirectly through public or private entities, non-Federal contributions towards the grant award in an amount that is not less than 10 percent of such costs; and
“(8) contain such other information and be submitted in such manner as the Commissioner may require.
“626. Restriction
“Each State agency designated under section 625(b)(1) shall collect the information required by section 101(a)(10) separately for eligible—
“(1)
“(A) individuals receiving supported employment services under this part; and
“(B) individuals receiving supported employment services under title I; and
“(2)
“(A) youth receiving supported employment services under this part; and
“(B) youth receiving supported employment services under title I.
“627. Savings provision
“(a) Supported employment services—Nothing in this Act shall be construed to prohibit a State from providing supported employment services in accordance with the State plan submitted under section 101 by using funds made available through a State allotment under section 110.
“(b) Post-Employment services—Nothing in this part shall be construed to prohibit a State from providing discrete post-employment services in accordance with the State plan submitted under section 101 by using funds made available through a State allotment under section 110 to an individual who is eligible under this subpart.
“628. Authorization of appropriations
“There is authorized to be appropriated to carry out this part, including for technical assistance, such sums as may be necessary for each of the fiscal years 2013 through 2017.”
“701A. Independent Living Administration
“(a) Establishment—In order to promote the philosophy and purpose of section 701, there is established within the Department of Education an Independent Living Administration, independent of the Rehabilitation Services Administration.
“(b) Director—The Independent Living Administration shall be headed by a Director (referred to in this title as the “ILA Director”) appointed by the Secretary. The ILA Director shall not have been an employee of the Department of Education during the 90-day period before such appointment, and shall have substantial knowledge of independent living services. The Independent Living Administration shall be the principal agency, and the ILA Director shall be the principal officer, of the Department for carrying out this title. The ILA Director shall have the same reporting relationship as is outlined in section 202(a)(2), and shall be a different individual than the Commissioner.
“(c) General Counsel—The Office of the General Counsel of the Department of Education shall designate 1 or more individuals, with substantial background in and knowledge of independent living services and centers for independent living under this title, to provide advice, support, and technical assistance to the ILA Director.
“(d) Input—The ILA Director shall have the authority to seek such input and advice, including convening meetings, as the ILA Director determines to be appropriate with respect to the policies and conduct of the Independent Living Administration.
“(e) Staff—The Secretary shall ensure that—
“(1) the Independent Living Administration has sufficient staff to provide oversight of, conduct auditing of, and provide technical assistance to, the centers for independent living and Statewide Independent Living Councils funded under this Act; and
“(2) such staff includes qualified individuals who have significant experience with centers for independent living or Statewide Independent Living Councils described in section 705.”
“(C) has sufficient staff to provide the services described in subparagraph (B).”
“(A) the management, staffing, decisionmaking, and operation of the center; and
“(B) the center's establishment of policies, direction, and provision of services.”
“(A) developed by the chairperson of the Statewide Independent Living Council, the director of the designated State entity described in subsection (c), and the directors of the centers for independent living in the State, after receiving public input from individuals with disabilities throughout the State; and
“(B) signed by—
“(i) the chairperson of the Statewide Independent Living Council, acting on behalf of and at the direction of the Council;
“(ii) the director of the designated State entity described in subsection (c); and
“(iii) not less than 51 percent of the directors of the centers for independent living in the State.”
“(C) working relationships and collaboration between—
“(i) centers for independent living; and
“(ii)
“(I) entities carrying out programs that provide independent living services, including those serving older individuals;
“(II) other community-based organizations that provide or coordinate the provision of housing, transportation, employment, information and referral assistance, services, and supports for individuals with significant disabilities; and
“(III) entities carrying out the vocational rehabilitation program established under title I, and other programs providing services for individuals with disabilities; and
“(D) cooperative agreements and partnerships to provide a seamless model for provision of services to individuals with disabilities and to avoid duplication of services.”
“(5) Statewide basis—The State plan shall provide for the provision of independent living services on a statewide basis, to the greatest extent possible, including through the establishment of additional centers for independent living or focused outreach to serve underserved populations.”
“(1) the Statewide Independent Living Council;
“(2) centers for independent living;
“(3) the designated State entity; and
“(4) other State agencies or entities represented on the Council, other councils that address the needs and issues of specific disability populations, and other public and private entities determined to be appropriate by the Council.”
“(o) Promoting full access to community life
“(1) In general—The plan shall describe how the State will provide independent living services that promote full access to community life for individuals with significant disabilities.
“(2) Services—The services shall include—
“(A) facilitating transitions of individuals with significant disabilities from nursing homes and other institutions, to home- and community-based residences, with the requisite supports and services;
“(B) providing assistance to individuals with significant disabilities that are at risk of entering institutions so that the individuals may remain in the community; and
“(C) facilitating transitions of youth (including students) who are individuals with significant disabilities, who were eligible for individualized education programs under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)), and who have completed their secondary education or otherwise left school, to postsecondary life, including employment.”
“(2) Composition—The Council shall include—
“(A) among its voting members, at least 1 director of a center for independent living chosen by the directors of centers for independent living within the State;
“(B) among its voting members, for a State in which 1 or more centers are funded under section 721(c)(4), at least 1 representative of the directors of the centers; and
“(C) as ex officio, nonvoting members, a representative of the designated State entity, and representatives from State agencies that provide services for individuals with disabilities.”
“(C) parents and guardians of individuals with disabilities;”
“(c) Functions
“(1) Duties—The Council shall—
“(A) in conjunction with the directors of the centers for independent living in the State, and the designated State entity, jointly develop and sign the State plan as provided in section 704(a)(2);
“(B) monitor, review, and evaluate the implementation of the State plan;
“(C) have at least 4 regularly scheduled meetings per year, and ensure that such meetings of the Council are open to the public and sufficient advance notice of such meetings is provided;
“(D) submit to the ILA Director such periodic reports as the ILA Director may reasonably request, and keep such records, and afford such access to such records, as the ILA Director finds necessary to verify the information in such reports; and
“(E) as appropriate, coordinate activities with the State Rehabilitation Council established under section 105, if the State has such a Council, or the commission described in section 101(a)(21)(A), if the State has such a commission, and councils that address the needs of specific disability populations and issues under other Federal law.
“(2) Authorities—The Council may, consistent with the State plan described in section 704, unless prohibited by State law—
“(A) facilitate the improvement and coordination of services provided to individuals with disabilities by centers for independent living, the designated State unit, other government agencies, and community organizations;
“(B) conduct resource development activities to obtain funding from public and private resources to support the activities described in this subsection or to support the provision of independent living services by centers for independent living; and
“(C) perform such other functions, consistent with the purpose of this chapter and comparable to other functions described in this subsection, as the Council determines to be appropriate.
“(3) Limitation—The Council shall not provide independent living services directly to individuals with significant disabilities or manage such services.”
“706. Responsibilities of the ILA Director”
“(ii) to the State agency shall be deemed to be references to the designated State entity; and”
“(b) Indicators—Not later than 1 year after the date of enactment of the Workforce Investment Act of 2012, the ILA Director shall develop and publish in the Federal Register indicators of minimum compliance for centers for independent living (consistent with the standards set forth in section 725), and indicators of minimum compliance for Statewide Independent Living Councils.”
“(1) Reviews
“(A) Types of reviews—The ILA Director shall annually conduct—
“(i) onsite compliance reviews of at least 15 percent of the centers for independent living that receive funds under section 722 and shall periodically conduct such a review of each such center;
“(ii) onsite compliance reviews of at least one-third of the designated State units that receive funding under section 723, and, to the extent necessary to determine the compliance of such a State unit with subsections (f) and (g) of section 723, centers that receive funding under section 723 in such State; and
“(iii) onsite compliance reviews for at least 10 percent of the Statewide Independent Living Councils established in each State under section 705.
“(B) Selections—The ILA Director shall select the centers, State units, and Councils described in this paragraph for review on a random basis.”
“(d) Administration—Funds allotted or made available to a State under this section shall be administered by the designated State entity, in accordance with the approved State plan, except for States covered by section 723.”
“711A. Training and technical assistance
“(a) In general—From the funds appropriated to carry out this part for any fiscal year, beginning with fiscal year 2012, the ILA Director shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide training and technical assistance to Statewide Independent Living Councils for such fiscal year.
“(b) Allocation—From the funds reserved under subsection (a), the ILA Director shall make grants to, and enter into contracts and other arrangements with, entities that have experience in the operation of Statewide Independent Living Councils to provide such training and technical assistance with respect to developing, conducting, administering, and evaluating Statewide Independent Living Councils.
“(c) Funding priorities—The ILA Director shall conduct a survey of Statewide Independent Living Councils regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, or other arrangements.
“(d) Review—To be eligible to receive a grant or enter into a contract or other arrangement under this section, such an entity shall submit an application to the ILA Director at such time, in such manner, and containing a proposal to provide such training and technical assistance, and containing such additional information as the ILA Director may require. The ILA Director shall provide for peer review of grant applications by panels that include persons who are not government employees and who have experience in the operation of Statewide Independent Living Councils.”
“(a) In General—The State may use funds received under this part (but not more than 30 percent of the funds paid to the State under section 712) to provide the resources described in section 705(e), relating to the Statewide Independent Living Council, may retain funds under section 704(c)(5), and shall distribute the remainder of the funds received under this part in a manner consistent with the approved State plan under section 704 for the activities described in subsection (b).
“(b) Activities—The State may use the remainder of the funds described in subsection (a)—”
“(c) Allotments to States
“(1) Definitions—In this subsection:
“(A) Additional appropriation—The term additional appropriation means the amount (if any) by which the appropriation for a fiscal year exceeds the total of—
“(i) the amount reserved under subsection (b) for that fiscal year; and
“(ii) the appropriation for fiscal year 2008.
“(B) Appropriation—The term appropriation means the amount appropriated to carry out this part.
“(C) Base appropriation—The term base appropriation means the portion of the appropriation for a fiscal year that is equal to the lesser of—
“(i) an amount equal to 100 percent of the appropriation, minus the amount reserved under subsection (b) for that fiscal year; or
“(ii) the appropriation for fiscal year 2008.
“(2) Allotments to States from base appropriation—After the reservation required by subsection (b) has been made, the ILA Director shall allot to each State whose State plan has been approved under section 706 an amount that bears the same ratio to the base appropriation as the amount the State received under this subsection for fiscal year 2008 bears to the total amount that all States received under this subsection for fiscal year 2008.
“(3) Allotments to States of additional appropriation—From the portion of any additional appropriation for each fiscal year that remains after the application of paragraph (4), the ILA Director shall allot to each State whose State plan has been approved under section 706 an amount equal to the sum of—
“(A) an amount that bears the same ratio to 50 percent of the portion as the population of the State bears to the population of all States; and
“(B) 1/56 of 50 percent of that portion.
“(4) Grants for centers for American Indians
“(A) Grants—The ILA Director may reserve not more than 5 percent of the additional appropriation for any fiscal year. The ILA Director shall use the reserved funds to make individual grants to support new or existing centers for independent living run by, or in conjunction with, the governing bodies of American Indian tribes located on Federal or State reservations (including consortia of such governing bodies). A governing body that receives such a grant shall use the grant funds for such a center that serves American Indians who are individuals with disabilities residing on or near such a reservation.
“(B) Applications
“(i) In general—To be eligible to receive a grant under this paragraph for an independent living center, a governing body, or a governing body in conjunction with a center for independent living, shall submit an application to the ILA Director at such time, in such manner and containing such information as the ILA Director may require, and obtain approval for the application.
“(ii) Contents—At a minimum, the application shall contain an assurance that the center—
“(I) will meet the definition of a center for independent living under section 702;
“(II) will provide independent living core services (as defined in section 7(17)) to American Indians described in subparagraph (A) and, in appropriate cases, may provide to such American Indians services traditionally used by Indian tribes;
“(III) will have sufficient staff to provide the services described in subclause (II); and
“(IV) will comply with the standards and provide and comply with the assurances for centers for independent living under section 725.
“(C) Carryover authority—Notwithstanding any other provision of law, any funds provided through a grant made under subparagraph (A) to an individual grant recipient for a fiscal year that are not obligated or expended by the recipient prior to the beginning of the succeeding fiscal year shall remain available for obligation and expenditure by such recipient during that succeeding fiscal year and the subsequent fiscal year.
“(D) Reservation—In this paragraph, the term reservation has the meaning given the term in section 121(d).”
“(e) Carryover authority—Notwithstanding any other provision of law—
“(1) any funds appropriated for a fiscal year to carry out a grant program under section 722 or 723, that are not obligated and expended by the recipients prior to the beginning of the succeeding fiscal year shall remain available for obligation and expenditure by such recipients during that succeeding fiscal year and the subsequent fiscal year; and
“(2) any amounts of program income received by recipients under a grant program under section 722 or 723 in a fiscal year, that are not obligated and expended by the recipients prior to the beginning of the succeeding fiscal year, shall remain available for obligation and expenditure by such recipients during that succeeding fiscal year and the subsequent fiscal year.”
“(A) shall consider comments regarding the application—
“(i) by individuals with disabilities and other interested parties within the new region proposed to be served;
“(ii) if any, by the Statewide Independent Living Council in the State in which the applicant is located;”
“752. Training and technical assistance
“(a) Grants; Contracts; Other Arrangements—For any fiscal year for which the funds appropriated to carry out this chapter exceed the funds appropriated to carry out this chapter for fiscal year 2008, the Commissioner shall first reserve from such excess, to provide training and technical assistance to designated State agencies, or other providers of independent living services for older individuals who are blind, that are funded under this chapter for such fiscal year, not less than 1.8 percent, and not more than 2 percent, of the funds appropriated to carry out this chapter for the fiscal year involved.
“(b) Allocation—From the funds reserved under subsection (a), the Commissioner shall make grants to, and enter into contracts and other arrangements with, entities that demonstrate expertise in the provision of services to older individuals who are blind, to provide training and technical assistance with respect to planning, developing, conducting, administering, and evaluating independent living programs for older individuals who are blind.
“(c) Funding Priorities—The Commissioner shall conduct a survey of designated State agencies that receive grants under section 753 regarding training and technical assistance needs in order to determine funding priorities for grants, contracts, and other arrangements under this section.
“(d) Application—To be eligible to receive a grant or enter into a contract or other arrangement under this section, an entity shall submit an application to the Commissioner at such time, in such manner, containing a proposal to provide such training and technical assistance, and containing such additional information as the Commissioner may require.
“(e) Prohibition on Combined Funds—No funds reserved by the Commissioner under this section may be combined with funds appropriated under any other Act or portion of this Act if the purpose of combining funds is to make a single discretionary grant or a single discretionary payment, unless such reserved funds are separately identified in the agreement for such grant or payment and are used for the purposes of this chapter.”
“(2) Minimum allotment
“(A) States—In the case of any of the several States, the District of Columbia, or the Commonwealth of Puerto Rico, the amount referred to in paragraph (1)(A) for a fiscal year is the greater of—
“(i) $350,000;
“(ii) an amount equal to the amount the State, the District of Columbia, or the Commonwealth of Puerto Rico received to carry out this chapter for fiscal year 2008; or
“(iii) an amount equal to 1/3 of 1 percent of the amount appropriated under section 754, and not reserved under section 752, for the fiscal year and available for allotments under subsection (a).
“(B) Certain territories—In the case of Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, the amount referred to in paragraph (1)(A) for a fiscal year is $60,000.”
“VIII Increasing Employment Opportunities for Individuals with Disabilities
“801. Public education campaigns about hiring individuals with disabilities
“(a) In general—Not later than 120 days after the date of enactment of the Workforce Investment Act of 2012, the Secretary of Labor, acting through the Assistant Secretary and in coordination with the Commissioner of the Rehabilitation Services Administration, the Commissioner of Social Security, the Commissioner of the Internal Revenue Service, and the heads of other relevant Federal agencies and divisions of Federal agencies, shall develop and carry out public education campaigns that educate employers (including small businesses), employees (including individuals with disabilities), and members of the general public (including young adults) on the benefits of hiring individuals with disabilities. The public education campaign for employers (including small businesses) shall include information on—
“(1) the work opportunity credit under section 51 of the Internal Revenue Code of 1986; and
“(2) tax incentives available to businesses to help cover the cost of improving accessibility, including—
“(A) the disabled access credit under section 44 of the Internal Revenue Code of 1986; and
“(B) the tax deduction available under section 190 of the Internal Revenue Code of 1986, for expenses for architectural barrier removal.
“(b) Educational materials—The public education campaigns described in subsection (a) shall include, as necessary, different educational materials in order to adequately target and educate, small businesses, employers generally, employees, and members of the general public, including educational materials on work incentives that may assist individuals with disabilities in leaving programs of public benefits, entering the workforce, advancing their economic status, and contributing to and participating more fully in their communities.”