“(7)
(A) a high proportion of students with disabilities is 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.”
“(2) to maximize opportunities for individuals with disabilities, including individuals with significant disabilities, for competitive integrated employment;”
“(4) to increase employment opportunities and employment outcomes for individuals with disabilities, including through encouraging meaningful input by employers and vocational rehabilitation service providers on successful and prospective employment and placement strategies; and
“(5) 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 receipt of services under section 504 of this Act have opportunities for postsecondary success.”
“(v) to the maximum extent possible, relies on information obtained from experiences in integrated employment settings in the community, and other integrated community settings;”
“(3) Assistive technology terms.—
“(A) Assistive technology.—The term ‘assistive technology’ has the meaning given such term in section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002).
“(B) Assistive technology device.—The term ‘assistive technology device’ has the meaning given such term in section 3 of the Assistive Technology Act of 1998, except that the reference in such section to the term ‘individuals with disabilities’ shall be deemed to mean more than 1 individual with a disability as defined in paragraph (20)(A)).
“(C) Assistive technology service.—The term ‘assistive technology service’ has the meaning given such term in section 3 of the Assistive Technology Act of 1998, except that the reference in such section—
“(i) to the term ‘individual with a disability’ shall be deemed to mean an individual with a disability, as defined in paragraph (20)(A); and
“(ii) to the term ‘individuals with disabilities’ shall be deemed to mean more than 1 such individual.”
“(O) customized employment;”
; and
“(5) Competitive integrated employment.—The term ‘competitive integrated employment’ means work that is performed on a full-time or part-time basis (including self-employment)—
“(A) for which an individual—
“(i) is compensated at a rate that—
“(I)
(aa) shall be not 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 rate specified in the applicable State or local minimum wage law; and
“(bb) is not less than the customary rate paid by the employer for the same or similar work performed by 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; or
“(II) in the case of an individual who is self-employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities, and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills; and
“(ii) is eligible for the level of benefits provided to other employees;
“(B) that is at a location where the employee interacts with other persons who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that individuals who are not individuals with disabilities and who are in comparable positions interact with other persons; and
“(C) that, as appropriate, presents opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions.”
“(7) Customized employment.—The term ‘customized employment’ means 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;
“(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, a work schedule and job arrangement, and specifics of supervision (including performance evaluation and review), and determining a job location;
“(iii) representation by a professional chosen by the individual, or self-representation of the individual, in working with an employer to facilitate placement; and
“(iv) providing services and supports at the job location.”
“(E) 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 requisite 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 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.”
“(25) Local workforce development board.—The term ‘local workforce development board’ means a local board, as defined in section 3 of the Workforce Innovation and Opportunity Act.”
“(30) Pre-employment transition services.—The term ‘pre-employment transition services’ means services provided in accordance with section 113.”
“(33) Secretary.—Unless where the context otherwise requires, the term ‘Secretary’—
“(A) used in title I, III, IV, V, VI, or chapter 2 of title VII, means the Secretary of Education; and
“(B) used in title II or chapter 1 of title VII, means the Secretary of Health and Human Services.”
“(35) State workforce development board.—The term ‘State workforce development board’ means a State board, as defined in section 3 of the Workforce Innovation and Opportunity Act.
“(36) Statewide workforce development system.—The term ‘statewide workforce development system’ means a workforce development system, as defined in section 3 of the Workforce Innovation and Opportunity Act.”
“(37) Student with a disability.—
“(A) In general.—The term ‘student with a disability’ means an individual with a disability who—
“(i)
(I)
(aa) 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)); or
“(bb) if the State involved elects to use a lower minimum age for receipt of pre-employment transition services under this Act, is not younger than that minimum age; 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
“(ii)
(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.
“(B) Students with disabilities.—The term ‘students with disabilities’ means more than 1 student with a disability.”
“(38) Supported employment.—The term ‘supported employment’ means competitive integrated employment, including customized employment, or employment in an integrated work setting in which individuals are working on a short-term basis toward competitive integrated employment, that is individualized and customized consistent with the strengths, abilities, 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; and
“(B) who, because of the nature and severity of their disability, need intensive supported employment services and extended services after the transition described in paragraph (13)(C), in order to perform the work involved.
“(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 supported employment, that—
“(A) are provided singly or in combination and are organized and made available in such a way as to assist an eligible individual to achieve 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 period may be extended, if necessary, in order to achieve the employment outcome identified in the individualized plan for employment.”
“(42) Youth with a disability.—
“(A) In general.—The term ‘youth with a disability’ means an individual with a disability who—
“(i) is not younger than 14 years of age; and
“(ii) is not older than 24 years of age.
“(B) Youth with disabilities.—The term ‘youth with disabilities’ means more than 1 youth with a disability.”
“(b) Section 501 of the Workforce Innovation and Opportunity Act shall apply, as specified in that section, to amendments to this Act that were made by the Workforce Innovation and Opportunity Act.”
“(B) provide technical assistance to the designated State units on developing successful partnerships with local and multi-State businesses in an effort to increase the employment of individuals with disabilities;
“(C) provide technical assistance to providers and organizations on developing self-employment opportunities and outcomes for individuals with disabilities; and
“(D) provide technical assistance to entities carrying out community rehabilitation programs to build their internal capacity to provide individualized services and supports leading to competitive integrated employment, and to transition individuals with disabilities away from nonintegrated settings;”
; and
“(e)
(1) The Administrator of the Administration for Community Living (referred to in this subsection as the ‘Administrator’) may carry out the authorities and shall carry out the responsibilities of the Commissioner described in paragraphs (1)(A) and (2) through (4) of subsection (a), and subsection (b), except that, for purposes of applying subsections (a) and (b), a reference in those subsections—
“(A) to facilitating meaningful and effective participation shall be considered to be a reference to facilitating meaningful and effective collaboration with independent living programs, and promoting a philosophy of independent living for individuals with disabilities in community activities; and
“(B) to training for personnel shall be considered to be a reference to training for the personnel of centers for independent living and Statewide Independent Living Councils.
“(2) The Secretary of Health and Human Services may carry out the authorities and shall carry out the responsibilities of the Secretary of Education described in subsections (c) and (d).
“(f)
(1) In subsections (a) through (d), a reference to ‘this Act’ means a provision of this Act that the Secretary of Education has authority to carry out; and
“(2) In subsection (e), for purposes of applying subsections (a) through (d), a reference in those subsections to ‘this Act’ means a provision of this Act that the Secretary of Health and Human Services has authority to carry out.”
“(d) The Commissioner shall ensure that the report described in this section is made publicly available in a timely manner, including through electronic means, in order to inform the public about the administration and performance of programs under this Act.”
“(e)
(1) The Secretary of Health and Human Services may carry out the authorities and shall carry out the responsibilities of the Secretary of Education described in subsections (a) and (b).
“(2) The Administrator of the Administration for Community Living may carry out the authorities and shall carry out the responsibilities of the Commissioner described in subsections (a) and (d)(1), except that, for purposes of applying those subsections, a reference in those subsections to exemplary practices shall be considered to be a reference to exemplary practices concerning independent living services and centers for independent living.
“(f)
(1) In subsections (a) through (d), a reference to ‘this Act’ means a provision of this Act that the Secretary of Education has authority to carry out; and
“(2) In subsection (e), for purposes of applying subsections (a), (b), and (d), a reference in those subsections to ‘this Act’ means a provision of this Act that the Secretary of Health and Human Services has authority to carry out.”
“(A) among Americans ages 16 through 64, the rate of disability was 12.1 percent;
“(B) among African-Americans in that age range, the disability rate was more than twice as high, at 27.1 percent; and
“(C) for American Indians and Alaska Natives in the same age range, the disability rate was also more than twice as high, at 27.0 percent.”
“(V) has the sole authority and responsibility within the designated State agency described in subparagraph (A) to expend funds made available under this title in a manner that is consistent with the purposes of this title.”
“(D) notwithstanding subparagraph (C), permit the State, in its discretion, to elect to serve eligible individuals (whether or not receiving vocational rehabilitation services) who require specific services or equipment to maintain employment; and”
“(ii) the establishment and maintenance of education and experience requirements, to ensure that the personnel have a 21st century understanding of the evolving labor force and the needs of individuals with disabilities, including requirements for—
“(I)
(aa) attainment of a baccalaureate degree in a field of study reasonably related to vocational rehabilitation, to indicate a level of competency and skill demonstrating basic preparation in a field of study such as vocational rehabilitation counseling, social work, psychology, disability studies, business administration, human resources, special education, supported employment, customized employment, economics, or another field that reasonably prepares individuals to work with consumers and employers; and
“(bb) demonstrated paid or unpaid experience, for not less than 1 year, consisting of—
“(AA) direct work with individuals with disabilities in a setting such as an independent living center;
“(BB) direct service or advocacy activities that provide such individual with experience and skills in working with individuals with disabilities; or
“(CC) direct experience as an employer, as a small business owner or operator, or in self-employment, or other experience in human resources, recruitment, or experience in supervising employees, training, or other activities that provide experience in competitive integrated employment environments; or
“(II) attainment of a master’s or doctoral degree in a field of study such as vocational rehabilitation counseling, law, social work, psychology, disability studies, business administration, human resources, special education, management, public administration, or another field that reasonably provides competence in the employment sector, in a disability field, or in both business-related and rehabilitation-related fields; and”
“(i) the number of applicants and the number of individuals determined to be eligible or ineligible for the program carried out under this title, including the number of individuals determined to be ineligible (disaggregated by type of disability and age);”
“(IV) the number of individuals with open cases (disaggregated by those who are receiving training and those who are in postsecondary education), and the type of services the individuals are receiving (including supported employment);
“(V) the number of students with disabilities who are receiving pre-employment transition services under this title: and
“(VI) the number of individuals referred to State vocational rehabilitation programs by one-stop operators (as defined in section 3 of the Workforce Innovation and Opportunity Act), and the number of individuals referred to such one-stop operators by State vocational rehabilitation programs;”
; and
“(G) Rules for reporting of data.—The disaggregation of data under this Act shall not be required within a category if the number of individuals in a category is insufficient to yield statistically reliable information, or if the results would reveal personally identifiable information about an individual.
“(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 90 days after the end of the fiscal year involved.”
“(E) Coordination with employers.—The State plan shall describe how the designated State unit will work with employers to identify competitive integrated employment opportunities and career exploration opportunities, in order to facilitate the provision of—
“(i) vocational rehabilitation services; and
“(ii) transition services for youth with disabilities and students with disabilities, such as pre-employment transition services.”
“(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 agency with primary responsibility for providing services and supports for individuals with intellectual disabilities and individuals with developmental disabilities, 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.”
“(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 approval of the individualized plans for employment under section 102; and”
; and
“(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).
“(K) Interagency cooperation.—The State plan shall describe how the designated State agency or agencies (if more than 1 agency is designated under paragraph (2)(A)) will collaborate 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.), the State agency responsible for providing services for individuals with developmental disabilities, and the State agency responsible for providing mental health services, to develop opportunities for community-based employment in integrated settings, to the greatest extent practicable.”
“(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) youth with disabilities, and students with disabilities, including their need for pre-employment transition services or other transition services;”
“(ii) include an assessment of the needs of individuals with disabilities for transition services and pre-employment transition services, and the extent to which such services provided under this Act are coordinated with transition services provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) in order to 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”
; 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);”
; and
“(25) Services for students with disabilities.—The State plan shall provide an assurance 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 strategies to provide pre-employment transition services.
“(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 under sections 106(c) and 108 of the Workforce Innovation and Opportunity Act 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) subsection (c) of section 102 of the Workforce Innovation and Opportunity Act, in a case in which that plan is a portion of the unified State plan described in that section 102; and
“(2) subsection (b), and paragraphs (1), (2), and (3) of subsection (c), of section 103 of such Act in a case in which that State plan for vocational rehabilitation services is a portion of the combined State plan described in that section 103.”
“(c) Construction.—Nothing in this part shall be construed to reduce the obligation under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) of a local educational agency or any other agency to provide or pay for any transition services that are also considered special education or related services and that are necessary for ensuring a free appropriate public education to children with disabilities within the State involved.”
“(A) the ineligibility determination shall be an individualized one, based on the available data, and shall not be based on assumptions about broad categories of disabilities;”
; and
“(2) Individuals desiring to enter the workforce.—For an individual 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, the designated State unit shall provide to the individual general information on additional supports and assistance for individuals with disabilities desiring to enter the workforce, including assistance with benefits planning.”
“(iii) amended, as necessary, to include the postemployment 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.”
; and
“(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.”
; and
“(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)(I); 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 needed to achieve the student’s employment outcome or projected postschool 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 description of how responsibility for service delivery will be divided between the employment network and the designated State unit.”
“(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.”
; and
“(A) Officer.—A due process hearing described in paragraph (2) shall be conducted by an impartial hearing officer who, on reviewing 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 regarding the applicant’s or eligible individual’s vocational rehabilitation services under this title.”
; and
“(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;”
“(17) customized employment;
“(18) encouraging qualified individuals who are eligible to receive services under this title to pursue advanced training in a science, technology, engineering, or mathematics (including computer science) field, medicine, law, or business;”
“(5) Technical assistance to businesses that are seeking to employ individuals with disabilities.”
; and
“(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.
“(7) Transition services to youth with disabilities and students with disabilities, for which a vocational rehabilitation counselor works in concert with educational agencies, providers of job training programs, providers of services under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), entities designated by the State to provide services for individuals with developmental disabilities, centers for independent living (as defined in section 702), housing and transportation authorities, workforce development systems, and businesses and employers.
“(8) The establishment, development, or improvement of assistive technology demonstration, loan, reutilization, or financing programs in coordination with activities authorized under the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) to promote access to assistive technology for individuals with disabilities and employers.
“(9) Support (including, as appropriate, tuition) for advanced training in a science, technology, engineering, or mathematics (including computer science) field, medicine, law, or business, provided after an individual eligible to receive services under this title, demonstrates—
“(A) such eligibility;
“(B) previous completion of a bachelor’s degree program at an institution of higher education or scheduled completion of such degree program prior to matriculating in the program for which the individual proposes to use the support; and
“(C) acceptance by a program at an institution of higher education in the United States that confers a master’s degree in a science, technology, engineering, or mathematics (including computer science) field, a juris doctor degree, a master of business administration degree, or a doctor of medicine degree,
“(ix) in a State in which one or more projects are funded under section 121, at least one representative of the directors of the projects located in such State;”
; and
“(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 116(b) of the Workforce Innovation and Opportunity Act.
“(2) Additional performance accountability indicators.—A State may establish and provide information on additional performance accountability indicators, which shall be identified in the State plan submitted under section 101.”
; and
“(A) the eligibility process, including the process related to the determination of ineligibility under section 102(a)(5);
“(B) the provision of services, including supported employment services and pre-employment transition services, and, if applicable, the order of selection;”
“(D) data reported under section 101(a)(10)(C)(i); and”
; and
“(3) provide technical assistance to programs under this title to—
“(A) promote high-quality employment outcomes for individuals with disabilities;
“(B) integrate veterans who are individuals with disabilities into their communities and to support the veterans to obtain and retain competitive integrated employment;
“(C) develop, improve, and disseminate information on procedures, practices, and strategies, including for the preparation of personnel, to better enable individuals with intellectual disabilities and other individuals with disabilities to participate in postsecondary educational experiences and to obtain and retain competitive integrated employment; and
“(D) apply evidence-based findings to facilitate systemic improvements in the transition of youth with disabilities to postsecondary life.”
“SEC. 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 experiences (including internships, short-term employment, apprenticeships, and fellowships), and opportunities for pre-employment transition services;
“(B) recruit qualified applicants who are individuals with disabilities;
“(C) train employees who are individuals with disabilities; and
“(D) promote awareness of disability-related obstacles to continued employment;
“(3) providing consultation, technical assistance, and support to employers on workplace accommodations, assistive technology, and facilities and workplace access through collaboration with community partners and employers, across States and nationally, to enable the employers to recruit, job match, hire, and retain qualified individuals with disabilities who are recipients of vocational rehabilitation services under this title, or who are applicants for such services; and
“(4) assisting employers with utilizing available financial support for hiring or accommodating individuals with disabilities.”
“(d)
(1) From any State allotment under subsection (a) for a fiscal year, the State shall reserve not less than 15 percent of the allotted funds for the provision of pre-employment transition services.
“(2) Such reserved funds shall not be used to pay for the administrative costs of providing pre-employment transition services.”
“(E)
(i) 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 services in accordance with this section. The amount of such a grant shall be the same amount as is provided to a territory under this subsection.
“(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 may 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).”
; and
“(h) There are authorized to be appropriated to carry out the provisions of this section—
“(1) $12,000,000 for fiscal year 2015;
“(2) $12,927,000 for fiscal year 2016;
“(3) $13,195,000 for fiscal year 2017;
“(4) $13,488,000 for fiscal year 2018;
“(5) $13,805,000 for fiscal year 2019; and
“(6) $14,098,000 for fiscal year 2020.”
“SEC. 113. PROVISION OF PRE-EMPLOYMENT TRANSITION SERVICES.
“(a) In General.—From the funds reserved under section 110(d), and any funds made available from State, local, or private funding sources, each State shall ensure that the designated State unit, in collaboration with the local educational agencies involved, shall provide, or arrange for the provision of, pre-employment transition services for all students with disabilities in need of such services who are eligible or potentially eligible for services under this title.
“(b) Required Activities.—Funds available under subsection (a) shall be used to make available to students with disabilities described in subsection (a)—
“(1) job exploration counseling;
“(2) work-based learning experiences, which may include in-school or after school opportunities, or experience outside the traditional school setting (including internships), that is provided in an integrated environment to the maximum extent possible;
“(3) counseling on opportunities for enrollment in comprehensive transition or postsecondary educational programs at institutions of higher education;
“(4) workplace readiness training to develop social skills and independent living; and
“(5) instruction in self-advocacy, which may include peer mentoring.
“(c) Authorized Activities.—Funds available under subsection (a) and remaining after the provision of the required activities described in subsection (b) may be used to improve the transition of students with disabilities described in subsection (a) from school to postsecondary education or an employment outcome by—
“(1) implementing effective strategies to increase the likelihood of independent living and inclusion in communities and competitive integrated workplaces;
“(2) developing and improving strategies for individuals with intellectual disabilities and individuals with significant disabilities to live independently, participate in postsecondary education experiences, and obtain and retain competitive integrated employment;
“(3) providing instruction to vocational rehabilitation counselors, school transition personnel, and other persons supporting students with disabilities;
“(4) disseminating information about innovative, effective, and efficient approaches to achieve the goals of this section;
“(5) coordinating activities with transition services provided by local educational agencies under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);
“(6) applying evidence-based findings to improve policy, procedure, practice, and the preparation of personnel, in order to better achieve the goals of this section;
“(7) developing model transition demonstration projects;
“(8) establishing or supporting multistate or regional partnerships involving States, local educational agencies, designated State units, developmental disability agencies, private businesses, or other participants to achieve the goals of this section; and
“(9) disseminating information and strategies to improve the transition to postsecondary activities of individuals who are members of traditionally unserved populations.
“(d) Pre-Employment Transition Coordination.—Each local office of a designated State unit shall carry out responsibilities consisting of—
“(1) attending individualized education program meetings for students with disabilities, when invited;
“(2) working with the local workforce development boards, one-stop centers, and employers to develop work opportunities for students with disabilities, including internships, summer employment and other employment opportunities available throughout the school year, and apprenticeships;
“(3) 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 under this section; and
“(4) when invited, attend person-centered planning meetings for individuals receiving services under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
“(e) National Pre-employment Transition Coordination.—The Secretary shall support designated State agencies providing services under this section, highlight best State practices, and consult with other Federal agencies to advance the goals of this section.
“(f) Support.—In carrying out this section, States shall address the transition needs of all students with disabilities, including such students with physical, sensory, intellectual, and mental health disabilities.”
“(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, consistent with this title, 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.”
“(c)
(1) From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal year 2015, 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, or enter into contracts or other cooperative agreements 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 cooperative agreements.
“(4) To be eligible to receive a grant or enter into a contract or cooperative agreement 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 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.”
“(6) identify strategies for effective coordination of services to job seekers with disabilities available through programs of one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act;”
“(8) identify effective strategies for supporting the employment of individuals with disabilities in competitive integrated employment.”
“SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
“There are authorized to be appropriated to carry out this title $103,970,000 for fiscal year 2015, $112,001,000 for fiscal year 2016, $114,325,000 for fiscal year 2017, $116,860,000 for fiscal year 2018, $119,608,000 for fiscal year 2019, and $122,143,000 for fiscal year 2020.”
“(iii) outreach and information that clarifies research implications for policy and practice; and”
; and
“(B) private organizations engaged in research relating to—
“(i) independent living;
“(ii) rehabilitation; or
“(iii) providing rehabilitation or independent living services;”
“(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 (20 U.S.C. 7801)); and
“(ii) institutions of higher education;
“(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 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;”
“(E) be developed by the Director;”
“(k) The Director shall make grants to institutions of higher education for the training of independent living and 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.
“(l)
(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 funding for such activities under this title;
“(B) a summary describing the funding received under this title and the progress of the recipients of the funding in achieving the measurable goals described in section 204(d)(2); and
“(C) a summary of implications of research outcomes on practice.
“(m)
(1) If the Director determines that an entity that receives funding 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 utilize available monitoring and enforcement measures.
“(2) As part of the annual report required under subsection (l), the Secretary shall describe each action taken by the Secretary under paragraph (1) and the outcomes of such action.”
“(c)
(1) The Committee shall develop a comprehensive government wide strategic plan for disability, independent living, and rehabilitation research.
“(2) The strategic plan shall include, at a minimum—
“(A) a description of the—
“(i) measurable goals and objectives;
“(ii) existing resources each agency will devote to carrying out the plan;
“(iii) timetables for completing the projects outlined in the plan; and
“(iv) assignment of responsible individuals and agencies for carrying out the research activities;
“(B) research priorities and recommendations;
“(C) a description of how funds from each agency will be combined, as appropriate, for projects administered among Federal agencies, and how such funds will be administered;
“(D) the development and ongoing maintenance of a searchable government wide inventory of disability, independent living, and rehabilitation research for trend and data analysis across Federal agencies;
“(E) guiding principles, policies, and procedures, consistent with the best research practices available, for conducting and administering disability, independent living, and rehabilitation research across Federal agencies; and
“(F) a summary of underemphasized and duplicative areas of research.
“(3) The strategic plan described in this subsection 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.”
“(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, including progress toward implementing the elements described in subsection (c)(2)(A); and
“(B) detailed budget information.”
; and
“(2) the term ‘independent living’, used in connection with 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 wellness, and community integration and participation.”
“(ii) studies and analyses of factors related to industrial, vocational, educational, employment, social, recreational, psychiatric, psychological, economic, and health and wellness variables affecting individuals with disabilities, including traditionally underserved populations as described in section 21, and how those variables affect such individuals’ ability to live independently and their participation in the work force;”
“(viii) studies, analyses, and other activities affecting employment outcomes as defined in section 7(11), including self-employment and telecommuting, of individuals with disabilities.”
; and
“(3) In carrying out this section, the Director shall emphasize covered activities that include plans for—
“(A) dissemination of high-quality materials, of scientifically valid research results, or of findings, conclusions, and recommendations resulting from covered activities, including through electronic means (such as the website of the Department of Health and Human Services), 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, providers of rehabilitation services, developers or providers of assistive technology devices, assistive technology services, or information technology devices or services, as appropriate, 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.”
“(ii) conducting research in, and dissemination of, employer-based practices to facilitate the identification, recruitment, accommodation, advancement, and retention of qualified individuals with disabilities;”
“(v) serving as an informational and technical assistance resource to individuals with disabilities, as well as to providers, educators, and researchers, by providing outreach and information that clarifies research implications for practice and identifies potential new areas of research; and
“(vi) developing practical applications for the research findings of the Centers.”
“(v) 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
“(vi) research, dissemination, and technical assistance, on best practices in vocational rehabilitation, including supported employment and other strategies to promote competitive integrated employment for persons with the most significant disabilities.”
“(D) Training of students preparing to be independent living or rehabilitation personnel or to provide independent living, rehabilitative, assistive, or supportive services (such as rehabilitation counseling, personal care services, direct care, job coaching, aides in school based settings, 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.”
“(8) Grants may be used to conduct a program of joint projects with other administrations and offices of the Department of Health and Human Services, the National Science Foundation, the Department of Veterans Affairs, the Department of Defense, the Federal Communications Commission, the National Aeronautics and Space Administration, the Small Business Administration, the Department of Labor, other Federal agencies, and private industry in areas of joint interest involving rehabilitation.”
“(G) develop models to facilitate the successful transition of individuals with disabilities from nonintegrated employment and employment that is compensated at a wage less than the Federal minimum wage to competitive integrated employment;
“(H) develop models to maximize opportunities for integrated community living, including employment and independent living, for individuals with disabilities;
“(I) provide training and continuing education for personnel involved with community living for individuals with disabilities;
“(J) develop model procedures for testing and evaluating the community living related needs of individuals with disabilities;
“(K) develop model training programs to teach individuals with disabilities skills which will lead to integrated community living and full participation in the community; and
“(L) develop new approaches for long-term services and supports for individuals with disabilities, including supports necessary for competitive integrated employment.”
“(d)
(1) In awarding grants, contracts, or cooperative agreements under this title, the Director shall award the funding on a competitive basis.
“(2)
(A) To be eligible to receive funds under this section for a covered activity, an entity described in subsection (a)(1) 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 established;
“(ii) how the project will address 1 or more of the following: commercialization of a marketable product, technology transfer (if applicable), dissemination of any research results, and other priorities as established by the Director; and
“(iii) how the applicant will quantifiably measure the goals to determine whether such goals have been accomplished.
“(3)
(A) In the case of an application for funding 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 funding received under this section shall not be used to carry out the commercialization and marketing strategies.
“(B) In the case of any other application for funding 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 be generally representative of the community of disability, independent living, and rehabilitation professionals, the community of disability, independent living, and rehabilitation researchers, the directors of independent living centers and community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services and independent living services carried out under this Act and with hiring individuals with disabilities, the community of stakeholders involved in assistive technology, the community of covered school professionals, and the community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives.”
; and
“SEC. 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.”
“(i) initiatives focused on improving transition from education, including postsecondary education, to employment, particularly in competitive integrated employment, for youth who are individuals with significant disabilities;”
; and
“(iii) increasing competitive integrated employment for individuals with significant disabilities.”
; and
“(F) to provide support and guidance in helping individuals with significant disabilities, including students with disabilities, transition to competitive integrated employment; and”
“(8) Reservation.—From the amount appropriated to carry out this section for a fiscal year, 20 percent of such amount or $500,000, whichever is less, may be reserved to carry out paragraph (6).”
; and
“(e) Authorization of Appropriations.—For the purpose of carrying out this section there are authorized to be appropriated $5,796,000 for fiscal year 2015, $6,244,000 for fiscal year 2016, $6,373,000 for fiscal year 2017, $6,515,000 for fiscal year 2018, $6,668,000 for fiscal year 2019, and $6,809,000 for fiscal year 2020.”
“(A) There is established within the Federal Government a National Council on Disability (referred to in this title as the ‘National Council’), which, subject to subparagraph (B), shall be composed of 9 members, of which—
“(i) 5 shall be appointed by the President;
“(ii) 1 shall be appointed by the Majority Leader of the Senate;
“(iii) 1 shall be appointed by the Minority Leader of the Senate;
“(iv) 1 shall be appointed by the Speaker of the House of Representatives; and
“(v) 1 shall be appointed by the Minority Leader of the House of Representatives.
“(B) The National Council shall transition from 15 members (as of the date of enactment of the Workforce Innovation and Opportunity Act) to 9 members as follows:
“(i) On the first 4 expirations of National Council terms (after that date), replacement members shall be appointed to the National Council in the following order and manner:
“(I) 1 shall be appointed by the Majority Leader of the Senate.
“(II) 1 shall be appointed by the Minority Leader of the Senate.
“(III) 1 shall be appointed by the Speaker of the House of Representatives.
“(IV) 1 shall be appointed by the Minority Leader of the House of Representatives.
“(ii) On the next 6 expirations of National Council terms (after the 4 expirations described in clause (i) occur), no replacement members shall be appointed to the National Council.
“(C) For any vacancy on the National Council that occurs after the transition described in subparagraph (B), the vacancy shall be filled in the same manner as the original appointment was made.”
; and
“SEC. 511. LIMITATIONS ON USE OF SUBMINIMUM WAGE.
“(a) In General.—No entity, including a contractor or subcontractor of the entity, which holds a special wage certificate as described in section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) may compensate an individual with a disability who is age 24 or younger at a wage (referred to in this section as a ‘subminimum wage’) that is less than the Federal minimum wage unless 1 of the following conditions is met:
“(1) The individual is currently employed, as of the effective date of this section, by an entity that holds a valid certificate pursuant to section 14(c) of the Fair Labor Standards Act of 1938.
“(2) The individual, before beginning work that is compensated at a subminimum wage, has completed, and produces documentation indicating completion of, each of the following actions:
“(A) The individual has received pre-employment transition services that are available to the individual under section 113, or transition services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) such as transition services available to the individual under section 614(d) of that Act (20 U.S.C. 1414(d)).
“(B) The individual has applied for vocational rehabilitation services under title I, with the result that—
“(i)
(I) the individual has been found ineligible for such services pursuant to that title and has documentation consistent with section 102(a)(5)(C) regarding the determination of ineligibility; or
“(II)
(aa) the individual has been determined to be eligible for vocational rehabilitation services;
“(bb) the individual has an individualized plan for employment under section 102;
“(cc) the individual has been working toward an employment outcome specified in such individualized plan for employment, with appropriate supports and services, including supported employment services, for a reasonable period of time without success; and
“(dd) the individual’s vocational rehabilitation case is closed; and
“(ii)
(I) the individual has been provided career counseling, and information and referrals to Federal and State programs and other resources in the individual’s geographic area that offer employment-related services and supports designed to enable the individual to explore, discover, experience, and attain competitive integrated employment; and
“(II) such counseling and information and referrals are not for employment compensated at a subminimum wage provided by an entity described in this subsection, and such employment-related services are not compensated at a subminimum wage and do not directly result in employment compensated at a subminimum wage provided by an entity described in this subsection.
“(b) Construction.—
“(1) Rule.—Nothing in this section shall be construed to—
“(A) change the purpose of this Act described in section 2(b)(2), to empower individuals with disabilities to maximize opportunities for competitive integrated employment; or
“(B) preference employment compensated at a subminimum wage as an acceptable vocational rehabilitation strategy or successful employment outcome, as defined in section 7(11).
“(2) Contracts.—A local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) or a State educational agency (as defined in such section) may not enter into a contract or other arrangement with an entity described in subsection (a) for the purpose of operating a program for an individual who is age 24 or younger under which work is compensated at a subminimum wage.
“(3) Voidability.—The provisions in this section shall be construed in a manner consistent with the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), as amended before or after the effective date of this Act.
“(c) During Employment.—
“(1) In general.—The entity described in subsection (a) may not continue to employ an individual, regardless of age, at a subminimum wage unless, after the individual begins work at that wage, at the intervals described in paragraph (2), the individual (with, in an appropriate case, the individual’s parent or guardian)—
“(A) is provided by the designated State unit career counseling, and information and referrals described in subsection (a)(2)(B)(ii), delivered in a manner that facilitates independent decisionmaking and informed choice, as the individual makes decisions regarding employment and career advancement; and
“(B) is informed by the employer of self-advocacy, self-determination, and peer mentoring training opportunities available in the individual’s geographic area, provided by an entity that does not have any financial interest in the individual’s employment outcome, under applicable Federal and State programs or other sources.
“(2) Timing.—The actions required under subparagraphs (A) and (B) of paragraph (1) shall be carried out once every 6 months for the first year of the individual’s employment at a subminimum wage, and annually thereafter for the duration of such employment.
“(3) Small business exception.—In the event that the entity described in subsection (a) is a business with fewer than 15 employees, such entity can satisfy the requirements of subparagraphs (A) and (B) of paragraph (1) by referring the individual, at the intervals described in paragraph (2), to the designated State unit for the counseling, information, and referrals described in paragraph (1)(A) and the information described in paragraph (1)(B).
“(d) Documentation.—
“(1) In general.—The designated State unit, in consultation with the State educational agency, shall develop a new process or utilize an existing process, consistent with guidelines developed by the Secretary, to document the completion of the actions described in subparagraphs (A) and (B) of subsection (a)(2) by a youth with a disability who is an individual with a disability.
“(2) Documentation process.—Such process shall require that—
“(A) in the case of a student with a disability, for documentation of actions described in subsection (a)(2)(A)—
“(i) if such a student with a disability receives and completes each category of required activities in section 113(b), such completion of services shall be documented by the designated State unit in a manner consistent with this section;
“(ii) if such a student with a disability receives and completes any transition services available for students with disabilities under the Individuals with Disabilities Education Act, including those provided under section 614(d)(1)(A)(i)(VIII) (20 U.S.C. 1414(d)(1)(A)(i)(VIII)), such completion of services shall be documented by the appropriate school official responsible for the provision of such transition services, in a manner consistent with this section; and
“(iii) the designated State unit shall provide the final documentation, in a form and manner consistent with this section, of the completion of pre-employment transition services as described in clause (i), or transition services under the Individuals with Disabilities Education Act as described in clause (ii), to the student with a disability within a reasonable period of time following the completion; and
“(B) when an individual has completed the actions described in subsection (a)(2)(B), the designated State unit shall provide the individual a document indicating such completion, in a manner consistent with this section, within a reasonable time period following the completion of the actions described in this subparagraph.
“(e) Verification.—
“(1) Before employment.—Before an individual covered by subsection (a)(2) begins work for an entity described in subsection (a) at a subminimum wage, the entity shall review such documentation received by the individual under subsection (d), and provided by the individual to the entity, that indicates that the individual has completed the actions described in subparagraphs (A) and (B) of subsection (a)(2) and the entity shall maintain copies of such documentation.
“(2) During employment.—
“(A) In general.—In order to continue to employ an individual at a subminimum wage, the entity described in subsection (a) shall verify completion of the requirements of subsection (c), including reviewing any relevant documents provided by the individual, and shall maintain copies of the documentation described in subsection (d).
“(B) Review of documentation.—The entity described in subsection (a) shall be subject to review of individual documentation described in subsection (d) by a representative working directly for the designated State unit or the Department of Labor at such a time and in such a manner as may be necessary to fulfill the intent of this section, consistent with regulations established by the designated State unit or the Secretary of Labor.
“(f) Federal Minimum Wage.—In this section, the term ‘Federal minimum wage’ means the rate applicable under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).”
“(c) Limitations on Administrative Costs.—A State that receives an allotment under this title shall not use more than 2.5 percent of such allotment to pay for administrative costs.
“(d) Services for Youth With the Most Significant Disabilities.—A State that receives an allotment under this title shall reserve and expend half of such allotment for the provision of supported employment services, including extended services, to youth with the most significant disabilities in order to assist those youth in achieving an employment outcome in supported employment.”
“SEC. 604. AVAILABILITY OF SERVICES.
“(a) Supported Employment Services.—Funds provided under this title may be used to provide supported employment services to individuals who are eligible under this title.
“(b) Extended Services.—
“(1) In general.—Except as provided in paragraph (2), funds provided under this title, or title I, may not be used to provide extended services to individuals under this title or title I.
“(2) Extended services for youth with the most significant disabilities.—Funds allotted under this title, or title I, and used for the provision of services under this title to youth with the most significant disabilities pursuant to section 603(d), may be used to provide extended services to youth with the most significant disabilities. Such extended services shall be available for a period not to exceed 4 years.”
“(3) for purposes of activities carried out with funds described in section 603(d), the individual is a youth with a disability, as defined in section (7)(42); and”
; and
“(6) describe the activities to be conducted pursuant to section 603(d) for youth with the most significant disabilities, including—
“(A) the provision of extended services for a period not to exceed 4 years; and
“(B) how the State will use the funds reserved in section 603(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;”
“(H) the State agencies designated under paragraph (1) will expend not more than 2.5 percent of the allotment of the State under this title for administrative costs of carrying out this title; and
“(I) with respect to supported employment services provided to youth with the most significant disabilities pursuant to section 603(d), the designated State agency will provide, directly or indirectly through public or private entities, non-Federal contributions in an amount that is not less than 10 percent of the costs of carrying out such services; and”
“SEC. 607. RESTRICTION.
“Each State agency designated under section 606(b)(1) shall collect the information required by section 101(a)(10) separately for—
“(1) eligible individuals receiving supported employment services under this title;
“(2) eligible individuals receiving supported employment services under title I;
“(3) eligible youth receiving supported employment services under this title; and
“(4) eligible youth receiving supported employment services under title I.”
“SEC. 609. ADVISORY COMMITTEE ON INCREASING COMPETITIVE INTEGRATED EMPLOYMENT FOR INDIVIDUALS WITH DISABILITIES.
“(a) Establishment.—Not later than 60 days after the date of enactment of the Workforce Innovation and Opportunity Act, the Secretary of Labor shall establish an Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (referred to in this section as the ‘Committee’).
“(b) Appointment and Vacancies.—
“(1) Appointment.—The Secretary of Labor shall appoint the members of the Committee described in subsection (c)(6), in accordance with subsection (c).
“(2) Vacancies.—Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner, in accordance with the same paragraph of subsection (c), as the original appointment or designation was made.
“(c) Composition.—The Committee shall be composed of—
“(1) the Assistant Secretary for Disability Employment Policy, the Assistant Secretary for Employment and Training, and the Administrator of the Wage and Hour Division, of the Department of Labor;
“(2) the Commissioner of the Administration on Intellectual and Developmental Disabilities, or the Commissioner’s designee;
“(3) the Director of the Centers for Medicare & Medicaid Services of the Department of Health and Human Services, or the Director’s designee;
“(4) the Commissioner of Social Security, or the Commissioner’s designee;
“(5) the Commissioner of the Rehabilitation Services Administration, or the Commissioner’s designee; and
“(6) representatives from constituencies consisting of—
“(A) self-advocates for individuals with intellectual or developmental disabilities;
“(B) providers of employment services, including those that employ individuals with intellectual or developmental disabilities in competitive integrated employment;
“(C) representatives of national disability advocacy organizations for adults with intellectual or developmental disabilities;
“(D) experts with a background in academia or research and expertise in employment and wage policy issues for individuals with intellectual or developmental disabilities;
“(E) representatives from the employer community or national employer organizations; and
“(F) other individuals or representatives of organizations with expertise on increasing opportunities for competitive integrated employment for individuals with disabilities.
“(d) Chairperson.—The Committee shall elect a Chairperson of the Committee from among the appointed members of the Committee.
“(e) Meetings.—The Committee shall meet at the call of the Chairperson, but not less than 8 times.
“(f) Duties.—The Committee shall study, and prepare findings, conclusions, and recommendations for the Secretary of Labor on—
“(1) ways to increase the employment opportunities for individuals with intellectual or developmental disabilities or other individuals with significant disabilities in competitive integrated employment;
“(2) the use of the certificate program carried out under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) for the employment of individuals with intellectual or developmental disabilities, or other individuals with significant disabilities; and
“(3) ways to improve oversight of the use of such certificates.
“(g) Committee Personnel Matters.—
“(1) Travel expenses.—The members of the Committee shall not receive compensation for the performance of services for the Committee, but shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Committee.
“(2) Staff.—The Secretary of Labor may designate such personnel as may be necessary to enable the Committee to perform its duties.
“(3) Detail of government employees.—Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
“(4) Facilities, equipment, and services.—The Secretary of Labor shall make available to the Committee, under such arrangements as may be appropriate, necessary equipment, supplies, and services.
“(h) Reports.—
“(1) Interim and final reports.—The Committee shall prepare and submit to the Secretary of Labor, as well as 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) an interim report that summarizes the progress of the Committee, along with any interim findings, conclusions, and recommendations as described in subsection (f); and
“(B) a final report that states final findings, conclusions, and recommendations as described in subsection (f).
“(2) Preparation and submission.—The reports shall be prepared and submitted—
“(A) in the case of the interim report, not later than 1 year after the date on which the Committee is established under subsection (a); and
“(B) in the case of the final report, not later than 2 years after the date on which the Committee is established under subsection (a).
“(i) Termination.—The Committee shall terminate on the day after the date on which the Committee submits the final report.
“SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
“There is authorized to be appropriated to carry out this title $27,548,000 for fiscal year 2015, $29,676,000 for fiscal year 2016, $30,292,000 for fiscal year 2017, $30,963,000 for fiscal year 2018, $31,691,000 for fiscal year 2019, and $32,363,000 for fiscal year 2020.”
“SEC. 701A. ADMINISTRATION OF THE INDEPENDENT LIVING PROGRAM.
“There is established within the Administration for Community Living of the Department of Health and Human Services, an Independent Living Administration. The Independent Living Administration shall be headed by a Director (referred to in this section as the ‘Director’) appointed by the Secretary of Health and Human Services. The Director shall be an individual with substantial knowledge of independent living services. The Independent Living Administration shall be the principal agency, and the Director shall be the principal officer, to carry out this chapter. In performing the functions of the office, the Director shall be directly responsible to the Administrator of the Administration for Community Living of the Department of Health and Human Services. The Secretary shall ensure that the Independent Living Administration has sufficient resources (including designating at least 1 individual from the Office of General Counsel who is knowledgeable about independent living services) to provide technical assistance and support to, and oversight of, the programs funded under this chapter.”
“(1) Administrator.—The term ‘Administrator’ means the Administrator of the Administration for Community Living of the Department of Health and Human Services.”
“(A) developed by the chairperson of the Statewide Independent Living Council, and the directors of the centers for independent living in the State, after receiving public input from individuals with disabilities and other stakeholders 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 other programs providing services for individuals with disabilities.”
“(5) Statewideness.—The State plan shall describe strategies for providing independent living services on a statewide basis, to the greatest extent possible.”
“(5) retain not more than 5 percent of the funds received by the State for any fiscal year under part B, for the performance of the services outlined in paragraphs (1) through (4).”
“(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.—The plan shall describe how the State will provide independent living services described in section 7(18) that promote full access to community life for individuals with significant disabilities.”
“(B) among its voting members, for a State in which 1 or more centers for independent living are run by, or in conjunction with, the governing bodies of American Indian tribes located on Federal or State reservations, at least 1 representative of the directors of such 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) develop the State plan as provided in section 704(a)(2);
“(B) monitor, review, and evaluate the implementation of the State plan;
“(C) meet regularly, 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 Administrator such periodic reports as the Administrator may reasonably request, and keep such records, and afford such access to such records, as the Administrator finds necessary to verify the information in such reports; and
“(E) as appropriate, coordinate activities with other entities in the State that provide services similar to or complementary to independent living services, such as entities that facilitate the provision of or provide long-term community-based services and supports.
“(2) Authorities.—The Council may, consistent with the State plan described in section 704, unless prohibited by State law—
“(A) in order to improve services provided to individuals with disabilities, work with centers for independent living to coordinate services with public and private entities;
“(B) conduct resource development activities 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.”
“SEC. 706. RESPONSIBILITIES OF THE ADMINISTRATOR.”
“(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 Innovation and Opportunity Act, the Administrator 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.”
“(d) Reports.—
“(1) In general.—The Director described in section 701A shall provide to the Administrator of the Administration for Community Living and the Administrator shall include, in an annual report, information on the extent to which centers for independent living receiving funds under part C have complied with the standards and assurances set forth in section 725. The Director may identify individual centers for independent living in the analysis contained in that information. The 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.
“(2) Public availability.—The Director shall ensure that the report described in this subsection is made publicly available in a timely manner, including through electronic means, in order to inform the public about the administration and performance of programs under this Act.”
“(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.”
“Sec. 711 “training and technical assistance
A.
(a) From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal year 2015, the Administrator shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide, either directly or through grants, contracts, or cooperative agreements, training and technical assistance to Statewide Independent Living Councils established under section 705 for such fiscal year.
“(b) The Administrator shall conduct a survey of such Statewide Independent Living Councils regarding training and technical assistance needs in order to determine funding priorities for such training and technical assistance.
“(c) To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, an entity shall submit an application to the Administrator at such time, in such manner, containing a proposal to provide such training and technical assistance, and containing such additional information, as the Administrator may require. The Administrator shall provide for peer review of applications by panels that include persons who are not government employees and who have experience in the operation of such Statewide Independent Living Councils.”
“(a) In General.—The State may use funds received under this part to provide the resources described in section 705(e) (but may not use more than 30 percent of the funds paid to the State under section 712 for such resources unless the State specifies that a greater percentage of the funds is needed for such resources in a State plan approved under section 706), 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 for the activities described in subsection (b).
“(b) Activities.—The State may use the remainder of the funds described in subsection (a)—”
; and
“(A) shall consider comments regarding the application—
“(i) by individuals with disabilities and other interested parties within the new region proposed to be served; and
“(ii) if any, by the Statewide Independent Living Council in the State in which the applicant is located;”
; and
“Sec. 751 “training and technical assistance
A.
(a) From the funds appropriated and made available to carry out this chapter for any fiscal year, beginning with fiscal year 2015, the Commissioner shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide, either directly or through grants, contracts, or cooperative agreements, 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.
“(b) The Commissioner shall conduct a survey of designated State agencies that receive grants under section 752 regarding training and technical assistance needs in order to determine funding priorities for such training and technical assistance.
“(c) To be eligible to receive a grant or enter into a contract or cooperative agreement 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. The Commissioner shall provide for peer review of applications by panels that include persons who are not government employees and who have experience in the provision of services to older individuals who are blind.”
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Administrator of the Administration for Community Living or other authorized official, a court of competent jurisdiction, or by operation of law.
for such period of time as may reasonably be needed to facilitate the orderly implementation of this section.
“Sec. 109. Training and services for employers.”;
“Sec. 113. Provision of pre-employment transition services.”;
“Sec. 202. National Institute on Disability, Independent Living, and Rehabilitation Research.”;
“Sec. 205. Disability, Independent Living, and Rehabilitation Research Advisory Council.
“Sec. 206. Definition of covered school.”;
“Sec. 304. Measuring of project outcomes and performance.”.
“Sec. 511. Limitations on use of subminimum wage.”;
“TITLE VI— EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES
“Sec. 601. Short title.
“Sec. 602. Purpose.
“Sec. 603. Allotments.
“Sec. 604. Availability of services.
“Sec. 605. Eligibility.
“Sec. 606. State plan.
“Sec. 607. Restriction.
“Sec. 608. Savings provision.
“Sec. 609. Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities.
“Sec. 610. Authorization of appropriations.”; and
“Sec. 701A. Administration of the independent living program.”;
and
“Sec. 706. Responsibilities of the Administrator.”;
“Sec. 711A. Training and technical assistance.”;
and
“Sec. 751A. Training and technical assistance.”.