REHABILITATION ACT OF 1973

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=20

REHABILITATION ACT OF=20 1973

Public Law 93-112 93rd Congress, H. R. 8070 = September 26,=20 1973

AN ACT

To replace the Vocational REHABILITATION ACT, to = extend and=20 revise the authorization of grants to States for vocational = REHABILITATION=20 services, with special emphasis on services to those with the most = severe=20 handicaps, to expand special Federal responsibilities and research = and=20 training programs with respect to handicapped individuals, to = establish=20 special responsibilities in the Secretary of Health, Education, = and=20 Welfare for coordination of all programs with respect to = handicapped=20 individuals within the Department of Health, Education, and = Welfare, and=20 for other purposes.

Be it enacted by the Senate and House of = Representatives of=20 the United States of America in Congress assembled, That this ACT, = with=20 the following table of contents, may be cited as the = "REHABILITATION ACT=20 of 1973":

DECLARATION OF PURPOSE

Sec. 2. The purpose of this ACT is to provide a = statutory=20 basis for the REHABILITATION Services Administration, and to = authorize=20 programs to--

(1) develop and implement comprehensive and = continuing State=20 plans for meeting the current and future needs for providing = vocational=20 REHABILITATION services to handicapped individuals and to provide = such=20 services for the benefit of such individuals, serving first those = with the=20 most severe handicaps, so that they may prepare for and engage in = gainful=20 employment;

(2) evaluate the REHABILITATION potential of = handicapped=20 individuals;

(3) conduct a study to develop methods of = providing=20 REHABILITATION services to meet the current and future needs of=20 handicapped individuals for whom a vocational goal is not possible = or=20 feasible so that they may improve their ability to live with = greater=20 independence and self-sufficiency;

(4) assist in the construction and improvement of=20 REHABILITATION facilities;

(5) develop new and innovative methods of applying = the most=20 advanced medical technology, scientific achievement, and = psychological and=20 social knowledge to solve REHABILITATION problems and develop new = and=20 innovative methods of providing REHABILITATION services to = handicapped=20 individuals through research, special projects, and demonstration; =

(6) initiate and expand services to groups of = handicapped=20 individuals (including those who are homebound or = institutionalized) who=20 have been underserved in the past;

(7) conduct various studies and experiments to = focus on long=20 neglected problem areas;

(8) promote and expand employment opportunities in = the=20 public and private sectors for handicapped individuals and to = place such=20 individuals in employment;

(9) establish client assistance pilot projects; =

(10) provide assistance for the purpose of = increasing the=20 number of REHABILITATION personnel and increasing their skills = through=20 training; and

(11) evaluate existing approaches to architectural = and=20 transportation barriers confronting handicapped individuals, = develop new=20 such approaches, enforce statutory and regulatory standards and=20 requirements regarding barrier-free construction of public = facilities and=20 study and develop solutions to existing architectural and = transportation=20 barriers impeding handicapped individuals.

REHABILITATION SERVICES ADMINISTRATION =

Sec. 3. (a) There is established in the Department = of=20 Health, Education, and Welfare a REHABILITATION Services = Administration=20 which shall be headed by a Commissioner (hereinafter in this ACT = referred=20 to as the "Commissioner") appointed by the President. Except for = titles IV=20 and V and as otherwise specifically provided in this ACT, such=20 Administration shall be the principal agency for carrying out this = ACT.=20 The Secretary shall not approve any delegation of the functions of = the=20 Commissioner to any other officer not directly responsible to the=20 Commissioner unless the Secretary shall first submit a plan for = such=20 delegation to the Congress. Such delegation is effective at the = end of the=20 first period of sixty calendar days of continuous session of = Congress=20 after the date on which the plan for such delegation is = transmitted to it:=20 Provided, however, That within thirty days of such transmittal, = the=20 Secretary shall consult with the Committee on Labor and Public = Welfare of=20 the Senate and the Committee on Education and Labor of the House = of=20 Representatives respecting such proposed delegation. For the = purposes of=20 this section, continuity of session is broken only by an = adjournment of=20 Congress sine die, and the days on which either House is not in = session=20 because of an adjournment of more than three days to a day certain = are=20 excluded in the computation of the thirty-day and sixty-day = periods.

(b) The Secretary, through the Commissioner in = coordination=20 with other appropriate programs in the Department of Health, = Education,=20 and Welfare, in carrying out research under this ACT shall = establish the=20 expertise and technological competence to, and shall, in = consultation=20 with, the National Science Foundation and the National Academy of = Sciences=20 develop and support, and stimulate the development and utilization = (including production and distribution of new and existing = devices) of,=20 innovative methods of applying advanced medical technology, = scientific=20 achievement, and psychological and * social knowledge to solve=20 REHABILITATION problems, and be responsible for carrying out the=20 activities described in section 202 (b) (2).

(c) The Secretary shall take whatever action is = necessary to=20 insure that funds appropriated pursuant to this ACT, as well as = unexpended=20 appropriations for carrying out the Vocational REHABILITATION ACT = (29=20 U.S.C. 31-42), are expended only for the programs, personnel, and=20 administration of programs carried out under this ACT.

ADVANCE FUNDING

Sec. 4. (a) For the purpose of affording adequate = notice of=20 funding available under this ACT, appropriations under this ACT = are=20 authorized to be included in the appropriation ACT for the fiscal = year=20 preceding the fiscal year for which they are available for = obligation.=20

(b) In order to effect a transition to the advance = funding=20 method of timing appropriation action, the authority provided by=20 subsection (a) of this section shall apply notwithstanding that = its=20 initial application will result in the enactment in the same year = (whether=20 in the same appropriation ACT or otherwise) of two separate=20 appropriations, one for the then current fiscal year and one for = the=20 succeeding fiscal year.

JOINT FUNDING

Sec. 5. Pursuant to regulations prescribed by the = President,=20 and to the extent consistent with the other provisions of this = ACT, where=20 funds are provided for a single project by more than one Federal = agency to=20 an agency or organization assisted under this ACT, the Federal = agency=20 principally involved may be designated to ACT for all in = administering the=20 funds provided, and, in such cases, a single non - Federal share=20 requirement may be established according to the proportion of = funds=20 advanced by each agency. When the * principal agency involved is = the=20 REHABILITATION Services Administration, it may waive any grant or = contract=20 requirement (as defined by such regulations) * under or pursuant = to any=20 law other than this ACT, which requirement is inconsistent with = the=20 similar requirements of the administering agency under * or = pursuant to=20 this ACT.

CONSOLIDATED REHABILITATION PLAN =

Sec. 6. (a) In order to secure increased = flexibility to=20 respond to the varying needs and local conditions within the = State, and in=20 order to permit more effective and interrelated planning and = operation of=20 its REHABILITATION programs, the State may submit a consolidated=20 REHABILITATION plan which includes the State's plan under section = 101 (a)=20 of this ACT and its program for persons with developmental = disabilities=20 under the Developmental Disabilities Services and Facilities = Construction=20 Amendments of 1970: Provided. That the agency administering such = State's=20 program under such ACT concurs in the submission of such a = consolidated=20 REHABILITATION plan.

(b) Such a consolidated REHABILITATION plan must = comply=20 with, and be administered in accordance with all the requirements = of this=20 ACT and the Developmental Disabilities Services and Facilities=20 Construction Amendments of 1970. If the Secretary finds that all = such=20 requirements are satisfied, he may approve the plan to serve in = all=20 respects as the substitute for the separate plans which would = otherwise be=20 required with respect to each of the programs included therein, or = he may=20 advise the State to submit separate plans for such programs.

(c) Findings of noncompliance in the = administration of an=20 approved consolidated REHABILITATION plan, and any reductions,=20 suspensions, or terminations of assistance as a result thereof, = shall be=20 carried out in accordance with the procedures set forth in = subsections (c)=20 and (d) of section 101 of this ACT.

DEFINITIONS

Sec. 7. For the purposes of this ACT:

(1) The term "construction" means the construction = of new=20 buildings, the acquisition, expansion, remodeling, alteration, and = renovation of existing buildings, and initial equipment of such = buildings,=20 and the term "cost of construction" includes architects fees and=20 acquisition of land in connection with construction but does not = include=20 the cost of offsite improvements.

(2) The term "criminal ACT" means any crime, = including an=20 ACT, omission, or possession under the laws of the United States = or a=20 State or unit of general local government which poses a = substantial threat=20 of personal injury, notwithstanding that by reason of age, = insanity,=20 intoxication or otherwise the person engaging in the ACT, = omission, or=20 possession was legally incapable of committing a crime.

(3) The term "establishment of a REHABILITATION = facility"=20 means the acquisition, expansion, remodeling, or alteration of = existing=20 buildings necessary to adapt them to REHABILITATION facility = purposes or=20 to increase their effectiveness for such purposes (subject, = however, to=20 such limitations as the Secretary may determine, in accordance = with=20 regulations he shall prescribe, in order to prevent impairment of = the=20 objectives of, or duplication of, other Federal laws providing = Federal=20 assistance in the construction of such facilities), and the = initial=20 equipment for such buildings, and may include the initial staffing = thereof.

(4) The term "evaluation of REHABILITATION = potential" means,=20 as appropriate in each case:

(A) a preliminary diagnostic study to determine = that the=20 individual has a substantial handicap to employment, and that = vocational=20 REHABILITATION services are needed;

(B) a diagnostic study consisting of a = comprehensive=20 evaluation of pertinent medical, psychological, vocational, = educational,=20 cultural, social, and environmental factors which bear on the = individual's=20 handicap to employment and REHABILITATION potential including, to = the=20 degree needed, an evaluation of the individual's personality, = intelligence=20 level, educational achievements, work experience, vocational = aptitudes and=20 interests, personal and social adjustments, employment = opportunities, and=20 other pertinent data helpful in determining the nature and scope = of=20 services needed;

(C) an appraisal of the individual's patterns of = work=20 behavior and ability to acquire occupational skill, and to develop = work=20 attitudes, work habits, work tolerance, and social and behavior = patterns=20 suitable for successful job performance, including the utilization = of=20 work, simulated or real, to assess and develop the individual's = capacities=20 to perform adequately in a work environment;

(D) any other goods or services provided for the = purposes of=20 ascertaining the nature of the handicap and whether it may = reasonably be=20 expected that the * individual can benefit from vocational = REHABILITATION=20 services;

(E) referral;

(F) the administration of these evaluation = services; and=20

(G)(i) the provision of vocational REHABILITATION = services=20 to any individual for a total period not in excess of eighteen = months for=20 the purpose of determining whether such individual is a = handicapped=20 individual, a handicapped individual for whom a vocational goal is = not=20 possible or feasible (as determined in accordance with section = 102(c)), or=20 neither such individual; and (ii) an assessment, at least once in = every=20 ninety-day period during which such services are provided, of the = results=20 of the provision of such services to an individual to ascertain = whether=20 any of the determinations described in subclause (i) may be made. =

(5) The term "Federal share" means 80 per centum, = except=20 that it shall mean 90 per centum for the purposes of part C of = title I of=20 this ACT and as specifically set forth in section 301(b)(3): = Provided,=20 That with respect to * payments pursuant to part B of title I of = this ACT=20 to any State which are used * to meet the costs of construction of = those=20 REHABILITATION facilities identified in section 103(b)(2) in such = State,=20 the Federal share shall be the percentages determined in = accordance with=20 the provisions of section 301(b)(3) applicable with respect to = that State=20 and that, for the purpose of determining the non - Federal share = with=20 respect to any State, expenditures by a political subdivision = thereof or=20 by a local agency shall, subject to such limitations and = conditions as the=20 Secretary shall by regulation prescribe, be regarded as = expenditures by=20 such State.

(6) The term "handicapped individual" means any = individual=20 who (A) has a physical or mental disability which for such = individual=20 constitutes or results in a substantial handicap to employment and = (B) can=20 reasonably be expected to benefit in terms of employability from=20 vocational REHABILITATION services provided pursuant to titles I = and III=20 of this ACT.

(7) The term "local agency" means an agency of a = unit of=20 general local government or of an Indian tribal organization (or=20 combination of such units or organizations) which has an agreement = with=20 the State agency designated pursuant to section 101(a)(1) to = conduct a=20 vocational REHABILITATION program under the supervision of such = State=20 agency in accordance with the State plan approved under section = 101.=20 Nothing in the preceding sentence of this paragraph or in section = 101=20 shall be construed to prevent the local agency from utilizing = another=20 local public or nonprofit agency to provide vocational * = REHABILITATION=20 services: Provided. That such an arrangement is made part of the = agreement=20 specified in this paragraph.

(8) The term "nonprofit" when used with respect to = a=20 REHABILITATION facility, means a REHABILITATION facility owned and = operated by a corporation or association, no part of the net = earnings of=20 which inures, or may lawfully inure, to the benefit of any private = shareholder or individual and the income of which is extempt from = taxation=20 under section 501(c)(3) of the Internal Revenue Code of 1954.

(9) The term "public safety officer" menas a = person serving=20 the United States or a State or unit of general local government, = with or=20 without compensation, in any activity pertaining to--

(A) the enforcement of the criminal laws, = including highway=20 patrol, or the maintenance of civil peace by the National Guard or = the=20 Armed Forces.

(B) a correctional program, facility, or = institution where=20 the activity is potentially dangerous because of contact with = criminal=20 suspects, defendants, prisoners, probationers, or parolees.

(C) a court having criminal or juvenile delinquent = jurisdiction where the activity is potentially dangerous because = of=20 contact with criminal suspects, defendants, prisoners, = probationers, or=20 parolees, or

(D) firefighting, fire prevention, or emergency = rescue=20 missions.

(10) The term "REHABILITATION facility" means a = facility=20 which is operated for the primary purpose of providing vocational=20 REHABILITATION services to handicapped individuals, and which = provides=20 singly or in combination one or more of the following services for = handicapped individuals: (A) vocational REHABILITATION services = which=20 shall include, under one management, medical, psychological, = social, and=20 vocational services, (B) testing, fitting, or training in the use = of=20 prosthetic and orthotic devices, (C) prevocational conditioning or = recreational therapy. (D) physical and occupational therapy. (E) = speech=20 and hearing therapy. (F) psychological and social services. (G) = evaluation=20 of REHABILITATION potential, (H) personal and work adjustment, (I) = vocational training with a view toward career advancement (in = combination=20 with other REHABILITATION services), (J) evaluation or control of = specific=20 disabilities. (K) orientation and mobility services to the blind, = and (L)=20 extended employment for those handicapped individuals who cannot = be=20 readily absorbed in the competitive labor market, except that all = medical=20 and related health services must be prescribed by, or under the = formal=20 supervision of, persons licensed to prescribe or supervise the = provision=20 of such services in the State.

(11) The term "Secretary", except when the context = otherwise=20 requires, means the Secretary of Health, Education, and Welfare. =

(12) The term "severe handicap" means the = disability which=20 requires multiple services over an extended period of time and = results=20 from amputation, blindness, cancer, cerebral palsy, cystic = fibrosis,=20 deafness, heart disease, hemiplegia, mental retardation, mental = illness,=20 multiple sclerosis, muscular dystrophy, neurological disorders = (including=20 stroke and epilepsy), paraplegia, quadriplegia and other spinal = cord=20 conditions, renal failure, respiratory or pulmonary dysfunction, = and any=20 other disability specified by the Secretary in regulations he = shall=20 prescribe.

(13) The term "State" includes the District of = Columbia, the=20 Virgin islands, Puerto Rico, Guam, American Samoa, and the Trust = Territory=20 of the Pacific Islands, and for the purposes of American Samoa and = the=20 Trust Territory of the Pacific Islands, the appropriate State = agency=20 designated as provided in section 101(a)(1) shall be the Governor = of=20 American Samoa or the High Commissioner of the Trust Territory of = the=20 Pacific Islands, as the case may be.

* (14) The term "vocational REHABILITATION = services" means=20 those services identified in section 103 which are provided to = handicapped=20 individuals under this ACT.

ALLOTMENT PERCENTAGE

SEC. 8. (a)(1) The allotment percentage fro any = State shall=20 be 100 per centum less that percentage which bears the same ratio = to 50=20 per centum as the per capita income of such State bears to the per = capita=20 income of the United States, except that (A) the allotment = percentage=20 shall in no case be more than 75 per centum or less than 33 1/3 = per=20 centum, and (B) the allotment percentage for the District of = Columbia,=20 Puerto Rico, Guam, the Virgin Islands, American Samoa, and the = Trust=20 Territory of the Pacific Islands shall be 75 per centum.

(2) The allotment percentages shall be promulgated = by the=20 Secretary between July 1 and September 30 of each even-numbered = year, on=20 the basis of the average of the per capita incomes of the States = and of=20 the United States for the three most recent consecutive years for = which=20 satisfactory data are available from the Department of Commerce. = Such=20 Promulgation shall be conclusive for each of the two fiscal years = in the=20 period beginning on the July 1 next succeeding such promulgation. =

(3) The term "United States" means (but only for = purposes of=20 this subsection) the fifty States and the District of Columbia. =

(b) The population of the several States and the = United=20 States shall be determined on the basis of the most recent data = available,=20 to be furnished by the Department of Commerce by October 1 of the = year=20 preceding the fiscal year for which funds are appropriated = pursuant to=20 statutory authorizations.

AUDIT

* SEC. 9. Each recipient of a grant or contract = under this=20 ACT shall kep such records as the Secretary may prescribe, = including=20 records which fully disclose the amount and disposition by such = recipient=20 of the proceeds of such grant or contract, the total cost of the = project=20 or undertaking in connection with which such grant or contract is = made or=20 funds thereunder used, the amount of that portion of the cost of = the=20 project or undertaking supplied by other sources, and such records = as will=20 facilitate an effective audit. The Secretary and the Comptroller = General=20 of the United States, or any of their duly authorized = representatives,=20 shall have access for the purpose of audit and examination to any = books,=20 documents, papers, and records of the recipient of * any grnat or = contract=20 under this ACT which are pertinent to such grant or contract.

NONDUPLICATION

SEC. 10. In determining the amount of any State's = Federal=20 share of expenditures for planning, administration, and services = incurred=20 by it under a State plan approved in accordance with section 101, = there=20 shall be disregarded (1) any portion of such expenditures which = are=20 financed by Federal funds provided under other provision of law, = and (2)=20 the amount of any non - Federal funds required to be expended as a = condition of receipt of such Federal funds. No payment may be made = from=20 funds provided under one provision of this ACT relating to any = cost with=20 respect to which any payment is made under any other provision of = this=20 ACT.

* TITLE I --VOCATIONAL REHABILITATION = SERVICES

PART A--GENERAL PROVISIONS

DECLARATION OF PURPOSE; AUTHORIZATION = OF=20 APPROPRIATIONS

SEC. 100. (a) The purpose of this title is to = authorize=20 grants to assist States to meet the current and future needs of=20 handicapped individuals, so that such individuals may prepare for = and=20 engage in gainful employment to the extent of their capabilities. =

(b)(1) For the purpose of making grants to States = under part=20 B of this * title to assist them in meeting costs of vocational=20 REHABILITATION services provided in accordance with State plans = under=20 section 101, there is authorized to be appropriated ,$650,000,000 = for the=20 fiscal year ending June 30, 1974, and $680,000,000 for the fiscal = year=20 ending June 30, 1975.

(2) For the purpose of carrying out part C of this = title=20 (relating to grants to States and public and nonprofit agencies to = assist=20 them in meeting the cost of projects to initiate or expand = services to=20 handicapped individuals, especially those with the most severe = handicaps)=20 and part D of this title (relating to the study of comprehensive = service=20 needs of individuals with the most severe handicaps), there is = authorized=20 to be appropriated $37,000,000 for the fiscal year ending June 30, = 1974,=20 and $39,000,000 for the fiscal year ending June 30, 1975, and = there is=20 further authorized to be appropriated for such purposes for each = such year=20 such additional sums as the Congress may determine to be = necessary. Of the=20 sums appropriated under this paragraph for each such fiscal year=20 $1,000,000 in each such year shall be available only for the = purpose of=20 carrying out Part D of this title.

STATE PLANS

SEC. 101. (a) For each fiscal year in which a = State desires=20 to participate in programs under this title, a State shall submit = to the=20 Secretary for his * approval an annual plan for vocational = REHABILITATION=20 services which shall--

(1)(A) designate a State agency as the sole State = agency to=20 administer the plan, or to supervise its administration by a local = agency,=20 except that (i) where under the State's law the State agency for = the blind=20 or other agency which provides assistance or services to the adult = blind,=20 is authorized to * provide vocational REHABILITATION services to = such=20 individuals, such agency may be designated as the sole State = agency to=20 administer the part of the plan * under which vocational = REHABILITATION=20 services are provided for the blind (or to supervise the = administration of=20 such part by a local agency) and a separate State agency may be = designated=20 as the sole State agency with respect to the rest of the State = plan, and=20 (ii) the Secretary, upon the request of a State, may authorize = such agency=20 to share funding and administrative responsibility with another = agency of=20 the State or with a local agency in order to permit such agencies = to carry=20 out a joint program to provide services to handicapped = individuals, and=20 may waive compliance with respect to vocational * REHABILITATION = services=20 furnished under such programs with the requirement of clause (4) = of this=20 subsection that the plan be in effect in all political = subdivisions of=20 that State;

(B) provide that the State agency so designated to = administer or supervise the administration of the State plan, or = (if there=20 are two State agencies designated under subclause (A) of this = clause) to=20 supervise or administer the part of the State plan that does not = relate to=20 services for the blind, shall be (i) a State agency primarily = concerned=20 with vocational REHABILITATION, or vocational and other = REHABILITATION, of=20 handicapped individuals, (ii) the State agency administering or=20 supervising the administration of education or vocational = education in the=20 State, or (iii) a State agency which includes at least two other = major=20 organizational units each of which administers one or more of the = major=20 public education, public health, public welfare, or labor programs = of the=20 State;

(2) provide, except in the case of agencies = described in=20 clause (1)(B)(i)--

(A) that the State agency designated pursuant to = paragraph=20 (1) (or each State agency if two are so designated) shall include = a=20 vocational REHABILITATION bureau, division, or other = organizational unit=20 which (i) is primarily concerned with vocational REHABILITATION, = or=20 vocational and other REHABILITATION, of handicapped individuals, = and is=20 responsible for the vocational REHABILITATION program of such = State=20 agency, (ii) has a full-time director, and (iii) has a staff = employed on=20 such REHABILITATION work of such organizational unit all or = substantially=20 all of whom are employed full time on such work; and;

(B)(i) that such unit shall be located at an = organizational=20 level and shall have an organizational status within such State = agency=20 comparable to that of other major organizational units of such = agency, or=20 (ii) in the case of an agency described in clause (1)(B)(ii), = either that=20 such unit shall be so located and have such status, or that the = director=20 of such unit shall be the executive officer of such State agency; = except=20 that, in the case of a State which has designated only one State = agency=20 pursuant to clause (1) of this subsection, such State may, if it = so=20 desires, assign responsibility for the part of the plan under = which=20 vocational REHABILITATION services are provided for the blind to = one=20 organizational unit of such agency, and assign responsibility for = the rest=20 of the plan to another organizational unit of such agency, with = the=20 provisions of this clause applying separately to each of such = units;

(3) provide for financial participation by the = State, or if=20 the State so elects, by the State and local agencies to meet the = amount of=20 the non - Federal share;

(4) provide that the plan shall be in effect in = all=20 political subdivisions, except that in the case of any activity = which, in=20 the judgment of the Secretary, is likely to assist in promoting = the=20 vocational REHABILITATION of substantially larger numbers of = handicapped=20 individuals or groups of handicapped individuals the Secretary may = waive=20 compliance with the requirement herein that the plan be in effect = in all=20 political subdivisions of the State to the extent and for such = period as=20 may be provided in accordance with regulations prescribed by him, = but only=20 if the non - Federal share of the * cost of such vocational = REHABILITATION=20 services is met from funds made available by a local agency = (including, to=20 the extent permitted by such regulations, funds contributed to = such agency=20 by a private agency, organization, or individual);

(5)(A) contain the plans, policies, and methods to = be=20 followed in carrying out the State plan and in its administration = and=20 supervision, including a description of the method to be used to = expand=20 and improve services to handicapped individuals with the most = severe=20 handicaps; and, in the event that * vocational REHABILITATION = services=20 cannot be provided to all eligible handicapped individuals who = apply for=20 such services, show (i) the order to be * followed in selecting=20 individuals to whom vocational REHABILITATION services will be = provided,=20 and (ii) the outcomes and service goals, and the time within * = which they=20 may be achieved, for the REHABILITATION of such individuals, which = * order=20 of selection for the provisions of vocational REHABILITATION = services=20 shall be determined on the basis of serving first those = individuals with=20 the most severe handicaps and shall be consistent with priorities = in such=20 order of selection so determined, and outcome and service goals = for=20 serving handicapped individuals, established in regulations = prescribed by=20 the Secretary; and

(B) provide satisfactory assurances to the = Secretary that=20 the States has studied and considered a broad variety of means for = providing services to individuals with the most severe handicaps; =

(6) provide for such methods of administration, = other than=20 methods relating to the establishment and maintenance of personnel = standards, as are found by the Secretary to be necessary for the = proper=20 and efficient administration of the plan;

(7) contain (A) provisions relating to the = establishment and=20 maintenance of personnel standards, which are consistent with any = State=20 licensure laws and regulations, including provisions relating to = the=20 tenure, selection, appointment, and qualifications of personnel, = and (B)=20 provisions relating to the establishment and maintenance of = minimum=20 standards governing the facilities and personnel utilized in the = provision=20 of vocational REHABILITATION services, but the Secretary shall = exercise no=20 authority with respect to the selection, method of selection, = tenure of=20 office, or compensation of any individual employed in accordance = with such=20 provision;

(8) provide, at a minimum, for the provision of = the=20 vocational REHABILITATION services specified in clauses (1) = through (3) of=20 subsection (a) of section 103, and the remainder of such services=20 specified in such section after full consideration of eligibility = for=20 similar benefits under any other program, except that, in the case = of the=20 vocational REHABILITATION services specified in clauses (4) and = (5) of=20 subsection (a) of such section, such consideration shall not be = required=20 where it would delay the provision of such services to any = individual;=20

(9) provide that (A) an individualized written=20 REHABILITATION program meeting the requirements of section 102 = will be=20 developed for each handicapped individual eligible for vocational=20 REHABILITATION services under this ACT, (B) such services will be = provided=20 under the plan in accordance with such program, and (C) records of = the=20 characteristics of each applicant will be kept specifying, as to = those=20 individuals who apply for services under this title and are = determined not=20 to be eligible therefor, the reasons for such determinations;

(10) provide that the State agency will make such = reports in=20 such form, containing such information (including the data = described in=20 subclause (C) of clause (9) of this subsection, periodic estimates = of the=20 population of handicapped individuals eligible for services under = this ACT=20 in such State, specifications of the number of such individuals = who will=20 be served with funds provided under this ACT and the outcomes and = service=20 goals to be achieved for such individuals in each priority = category=20 specified in accordance with clause (5) of this subsection, and = the=20 service costs for each such category), and at such time as the = Secretary=20 may require to carry out his functions under this title, and = comply with=20 such provisions as he may find necessary to assure the correctness = and=20 verification of such reports;

(11) provide for entering into cooperative = arrangements=20 with, and the utilization of the services and facilities of, the = State=20 agencies administering the State's public assistance programs, = other=20 programs for handicapped individuals, veterans programs, manpower=20 programs, and public employment offices, and the Social Security=20 Administration of the Department of Health, Education, and = Welfare, the=20 Veterans' Administration, and other Federal, State, and local = public=20 agencies providing services related to the * REHABILITATION of = handicapped=20 individuals;

(12) provide satisfactory assurances to the = Secretary that,=20 in the provision of vocational REHABILITATION services, maximum=20 utilization shall be made of public or other vocational or = technical=20 training facilities or other appropriate resources in the = community;

(13) (A) provide that vocational REHABILITATION = services=20 provided under the State plan shall be available to any civil = employee of=20 the United State disabled while in the performance of his duty on = the same=20 terms and conditions as apply to other persons, and

(B) provide that special consideration will be = given to the=20 REHABILITATION under this ACT of a handicapped individual whose=20 handicapping condition arises from a disability sustained in the = line of=20 duty while such individual was performing as a public safety = officer and=20 the proximate cause of such * disability was a criminal ACT, = apparent=20 criminal ACT, or a hazardous condition resulting directly from the = officer's performance of duties in direct connection with the = enforcement,=20 execution, and administration of law or fire prevention, = firefighting, or=20 related public safety activities;

(14) provide that no residence requirement will be = imposed=20 which excludes from services under the plan any individual who is = present=20 in the State;

(15) provide for continuing statewide studies of = the needs=20 of handicapped individuals and how these needs may be most = effectively met=20 (including the State's needs for REHABILITATION facilities) with a = view=20 toward the relative need for services to significant segments of = the=20 population of handicapped individuals and the need for expansion = of=20 services to those individuals with the most severe handicaps;

(16) provide for (A) periodic review and = reevaluation of the=20 status of handicapped individuals placed in extended employment in = REHABILITATION facilities (including workshops) to determine the=20 feasibility of their employment, or training for employment, in = the=20 competitive labor market, and (B) maximum efforts to place such=20 individuals in such employment or training whenever it is = determined to be=20 feasible;

(17) provide that where such State plan includes = provisions=20 for the construction of REHABILITATION facilities--

(A) the Federal share of the cost of construction = thereof=20 for a fiscal year will not exceed an amount equal to 10 per centum = of the=20 State's allotment for such year,

(B) the provisions of section 306 shall be = applicable to=20 such construction and such provisions shall be deemed to apply to = such=20 construction, and

(C) there shall be compliance with regulations the = Secretary=20 shall prescribe designed to assure that no State will reduce its = efforts=20 in providing other vocational REHABILITATION services (other than = for the=20 establishment of REHABILITATION facilities) because its plan = includes such=20 provisions for construction;

(18) provide satisfactory assurances to the = Secretary that=20 the State agency designated pursuant to clause (1) (or each State = agency=20 if two are so designated) and any sole local agency administering = the plan=20 in a political subdivision of the State will take into account, in = connection with matters of general policy arising in the = administration of=20 the plan, the views of * individuals and groups thereof who are = recipients=20 of vocational REHABILITATION services (or, in appropriate cases, = their=20 parents or guardians), working in * the field of vocational=20 REHABILITATION, and providers of vocational REHABILITATION = services; and=20

(19) provide satisfactory assurances to the = Secretary that=20 the continuing studies required under clause (15) of this = subsection, as=20 well as an annual evaluation of the effectiveness of the program = in=20 meeting the goals and priorities set forth in the plan, will form = the=20 basis for the submission, from time to time as the Secretary may = require,=20 of appropriate amendments to the plan.

(b) The Secretary shall approve any plan which he = finds=20 fulfills the conditions specified in subsection (a) of this = section, and=20 he shall disapprove its plan, and he shall afford such State = reasonable=20 notice and opportunity for hearing.

(c) Whenever the Secretary, after reasonable = notice and=20 opportunity for hearing to the State agency administering or = supervising=20 the administration of the State plan approved under this section, = finds=20 that--

(1) the plan has been so changed that it no longer = complies=20 with the requirements of subsection (a) of this section; or

(2) in the administration of the plan there is a = failure to=20 comply substantially with any provision of such plan, the = Secretary shall=20 notify such State agency that no further payments will be made to = the=20 State under this title (or, in his discretion, that such further = payments=20 will be reduced, in accordance with regulations the Secretary = shall=20 prescribe, or that further payments will not be made to the State = only for=20 the projects under the parts of the State plan affected by such = failure),=20 until he is satisfied there is no longer any such failure. Until = he is so=20 satisfied, the Secretary shall make no further payments to such = State=20 under this title (or shall limit payments to projects under those = parts of=20 the State plan in which there is no such failure).

(d) If any State is dissatisfied with the = Secretary's action=20 under subsection (b) or (c) of this section, such State may appeal = to the=20 United States district court for the district where the capital of = such=20 State is located and judicial review of such action shall be on = the record=20 in accordance with the provisions of chapter 7 of title 5, United = States=20 Code.

INDIVIDUALIZED = WRITTEN=20 REHABILITATION PROGRAM

SEC. 102. (a) The Secretary shall insure that the=20 individualized written REHABILITATION program required by section=20 101(a)(9) in the case of each handicapped individual is developed = jointly=20 by the vocational REHABILITATION counselor or coordinator and the=20 handicapped individual (or, in appropriate cases, his parents or=20 guardians), and that such program meets the requirements set forth = in=20 subsection (b) of this section. Such written program shall set = forth the=20 terms and conditions, as well as the rights and remedies, under = which=20 goods and services will be provided to the individual.

(b) Each individualized written REHABILITATION = program shall=20 be reviewed on an annual basis at which time each such individual = (or, in=20 appropriate cases, his parents or guardians) will be afforded an=20 opportunity to review such program and jointly redevelop its = terms. Such=20 program shall include, but not be limited to (1) a statement of = long-range=20 REHABILITATION goals for the individual and intermediate = REHABILITATION=20 objectives related to the attainment of such goals, (2) a = statement of the=20 specific vocational * REHABILITATION services to be provided, (3) = the=20 projected date for the initiation and the anticipated duration of = each=20 such service, (4) objective criteria and an evaluation procedure = and=20 schedule for determining whether such objectives and goals are = being=20 achieved, and, (5) where appropriate, a detailed explanation of = the=20 availability of a client assistance project established in such = area=20 pursuant to section 112.

(c) The Secretary shall also insure that (1) in = developing=20 and carrying out individualized written REHABILITATION program = required by=20 section 101 in the case of each handicapped individual primary = emphasis is=20 placed upon the determination and achievement of a vocational goal = for=20 such individual, (2) a decision that such an individual is not = capable of=20 achieving such a goal and thus not eligible for vocational = REHABILITATION=20 services provided with assistance under this part, is made only in = full=20 consultation with such individual (or, in appropriate cases, his = parents=20 or guardians), and only upon the certification, as an amendment to = such=20 written program, that the * evaluation of REHABILITATION potential = has=20 demonstrated beyond any reasonable doubt that such individual is = not then=20 capable of achieving such a goal, and (3) any such decision shall = be=20 reviewed at least annually in accordance with the procedure and = criteria=20 established in this section.

SCOPE OF VOCATIONAL REHABILITATION = SERVICES=20

SEC. 103. (a) Vocational REHABILITATION services = provided=20 under this ACT are any goods or services necessary to render a = handicapped=20 individual employable, including, but not limited to, the = following:

(1) evaluation of REHABILITATION potential, = including=20 diagnostic and related services, incidental to the determination = of=20 eligibility for, and the nature and scope of, services to be = provided,=20 including, where appropriate, examination by a physician skilled = in the=20 diagnosis and treatment of emotional disorders, or by a licensed=20 psychologist in accordance with State laws and regulations, or = both;

(2) counseling, guidance, referral, and placement = services=20 for handicapped individuals, including followup, follow-along, and = other=20 postemployment services necessary to assist such individuals to = maintain=20 their employment and services designed to help handicapped = individuals=20 secure needed services from * other agencies, where such services = are not=20 available under this ACT;

(3) vocational and other training services for = handicapped=20 individuals, which shall include personal and vocational = adjustment,=20 books, and other training materials, and services to the families = of such=20 individuals as are * necessary to the adjustment or REHABILITATION = of such=20 individuals: Provided, That no training services in institutions = of higher=20 education shall be paid for with funds under this title unless = maximum=20 efforts have been made to secure grant assistance, in whole or in = part,=20 from other sources to pay for such training;

(4) physical and mental restoration services, = including, but=20 not limited to, (A) corrective surgery or therapeutic treatment = necessary=20 to correct or substantially modify a physical or mental condition = which is=20 stable or slowly progressive and constitutes a substantial = handicap to=20 employment, but is of such nature that such correction or = modification may=20 reasonably be expected to eliminate or substantially reduce the = handicap=20 within a reasonable length of time, (B) necessary hospitalization = in=20 connection with surgery or treatment. (C) prosthetic and orthotic = devices.=20 (D) eyeglasses and visual services as prescribed by a physician = skilled in=20 the disease of the eve or by an optometrist, whichever the = individual may=20 select, (E) special services (including transplantation and = dialysis),=20 artificial kidneys, and supplies necessary for the treatment of=20 individuals suffering from end-stage renal disease, and (F) = diagnosis and=20 treatment for mental and emotional disorders by a physician or = licensed=20 psychologist in accordance with State licensure laws;

(5) maintenance, not exceeding the estimated cost = of=20 subsistence, during REHABILITATION;

(6) interpreter services for deaf individuals, and = reader=20 services for those individuals determined to be blind after an = examination=20 by a physician skilled in the diseases of the eye or by an = optometrist,=20 whichever the individual may select;

(7) recruitment and training services for = handicapped=20 individuals to provide them with new employment opportunities in = the=20 fields of REHABILITATION, health, welfare, public safety, and law=20 enforcement, and other appropriate service employment;

(8) REHABILITATION teaching services and = orientation and=20 mobility services for the blind;

(9) occupational licenses, tools, equipment, and = initial=20 stocks and supplies;

(10) transportation in connection with the = rendering of any=20 vocational REHABILITATION service; and

(11) telecommunications, sensory, and other = technological=20 aids and devices.

(b) Vocational REHABILITATION services, when = provided for=20 the benefit of groups of individuals, may also include the = following:

(1) in the case of any type of small business = operated by=20 individuals with the most severe handicaps the operation of which = can be=20 improved by management services and supervision provided by the = State=20 agency, the provision of such services and supervision, along or = together=20 with the acquisition by the State agency of vending facilities or = other=20 equipment and initial stocks and supplies; and

(2) the construction or establishment of public or = nonprofit=20 REHABILITATION facilities and the provision of other facilities = and=20 services which promise to contribute substantially to the = REHABILITATION=20 of a group of individuals but which are not related directly to = the=20 individualized REHABILITATION written program of any one = handicapped=20 individual.

NON-FEDERAL SHARE FOR = CONSTRUCTION

SEC. 104. For the purpose of determining the = amount of=20 payments to States for carrying out part B of this title, the non = -=20 Federal share, subject to such limitations and conditions as may = be=20 prescribed in regulations by the Secretary, shall include = contributions of=20 funds made by any private agency, organization, or individual to a = State=20 or local agency to assist in meeting the costs of construction or=20 establishment of a public or nonprofit * REHABILITATION facility, = which=20 would be regarded as State or local funds except for the = condition,=20 imposed by the contributor, limited use of such funds to = construction or=20 establishment of such facility.

PART B--BASIC VOCATIONAL = REHABILITATION=20 SERVICES

STATE ALLOTMENTS

SEC. 110. (a) For each fiscal year, each State = shall be=20 entitled to an allotment of an amount bearing the same ratio to = the amount=20 authorized to be appropriated under subsection (b)(1) of section = 100 for=20 allotment under this section as the product of (1) the population = of the=20 State and (2) the square of its allotment percentage bears to the = sum of=20 the corresponding products for all the States. The allotment to = any State=20 (other than Guam, American Samoa, the Virgin Islands, and the = Trust=20 Territory of the Pacific Islands) under the first sentence of this = subsection for any fiscal year which is less than one-quarter of 1 = per=20 centum of the amount appropriated under subsection (b)(1) of = section 100,=20 or $2,000,000, whichever is greater, shall be increased to that = amount,=20 the total of the increases thereby required being derived by=20 proportionately reducing the allotments to each of the remaining = such=20 States under the first sentence of this subsection, but with such=20 adjustments as may be necessary to prevent the allotment of any = such=20 remaining States from being thereby reduced to less than that = amount.

(b) If the payment to a State under section 111(a) = for a=20 fiscal year is less than the total payments such State received = under=20 section 2 of the Vocational REHABILITATION ACT for the fiscal year = ending=20 June 30, 1973, such State shall be entitled to an additional = payment=20 (subject to the same terms and conditions applicable to other = payments=20 under this part) equal to the difference between such payment = under=20 section 111(a) and the amount so received by it. Payments = attributable to=20 the additional payment to a State under this subsection shall be = made only=20 from appropriations specifically made to carry out this = subsection, and=20 such additional appropriations are hereby authorized.

(c) Whenever the Secretary determines, after = reasonable=20 opportunity for the submission to him of comments by the State = agency=20 administering or supervising the program established under this = title,=20 that any payment of an allotment to a State under section 111(a) = for any=20 fiscal year will not be utilized by such State in carrying out the = purposes of this title, he shall make such amount available for = carrying=20 out the purposes of this title to one or more other States to the = extent=20 he determines such other State will be able to use such additional = amount=20 during such year for carrying out such purposes. Any amount made = available=20 to a State for any fiscal year pursuant to the preceding sentence = shall,=20 for the purposes of this part, be regarded as an increase of such = State's=20 allotment (as determined under the preceding provisions of this = section)=20 for such year.

PAYMENTS TO STATE

SEC. 111. (a) From each State's allotment under = this part=20 for any fiscal year (including any additional payment to it under = section=20 110 (b)), the Secretary shall pay to such State an amount equal to = the=20 Federal share of the * cost of vocational REHABILITATION services = under=20 the plan for such State approved under section 101, including = expenditures=20 for the administration of the State plan, except that the total of = such=20 payments to such State for such fiscal year may not exceed its = allotment=20 under subsection (a) (and its additional payment under subsection = (b), if=20 any) of section 110 for such year and such payments shall not be = made in=20 an amount which would result in a violation of the provisions of = the State=20 plan required by clause (17) of section 101(a), and except that = the amount=20 otherwise payable to such State for such year under this section = shall be=20 reduced by the amount (if any) by which expenditures from non - = Federal=20 sources during such year under this title are less than = expenditures under=20 the State plan for the fiscal year ending June * 30, 1972, under = the=20 Vocational REHABILITATION ACT.

(b) The method of computing and paying amounts = pursuant to=20 subsection (a) shall be as follows:

(1) The Secretary shall, prior to the beginning of = each=20 calendar quarter or other period prescribed by him, estimate the = amount to=20 be paid to each State under the provisions of such subsection for = such=20 period, such estimate to be based on such records of the State and = information furnished by it, and such other investigation, as the=20 Secretary may find necessary.

(2) The Secretary shall pay, from the allotment = available=20 therefor, the amount so estimated by him for such period, reduced = or=20 increased, as the case may be, by any sum (not previously adjusted = under=20 this paragraph) by which he finds that his estimate of the amount = to be=20 paid the State for any prior period under such subsection was = greater or=20 less than the amount which should have been paid to the State for = such=20 prior period under such subsection. Such payment shall be made = prior to=20 audit or settlement by the General Accounting Office, shall be = made=20 through the disbursing facilities of the Treasury Department, and = shall be=20 made in such installments as the Secretary may determine.

CLIENT ASSISTANCE

SEC. 112. (a) From funds appropriated under = section 304 for=20 special projects and demonstrations in excess of an amount equal = to the=20 amount obligated for expenditure for carrying out such projects = and=20 demonstrations from appropriations under the Vocational = REHABILITATION ACT=20 in the fiscal year ending June 30, 1973, the Secretary shall set = aside up=20 to $1,500,000, but no less than $500,000 for the fiscal year = ending June=20 30, 1974, and up to $2,500,000 but no less than $1,000,000 for the = fiscal=20 year ending June 30, 1975, to establish in no less than 7 nor more = than 20=20 geographically dispersed regions client assistance pilot projects=20 (hereinafter in this section referred to as "projects") to provide = counselors to inform and advise all clients and * client = applicants in the=20 project area of all available benefits under this ACT and, upon = request of=20 such client or client applicant, to assist such clients of = applicants in=20 their relationships with projects, programs, and facilities * = providing=20 services to them under this ACT.

(b) The Secretary shall prescribe regulations = which shall=20 include the following requirements:

(1) No employees of such projects shall be = presently serving=20 as staff or consultants or receiving benefits of any kind directly = or=20 indirectly from any REHABILITATION project, program, or facility = receiving=20 assistance under this ACT in the project area.

(2) Each project shall be afforded reasonable = access to=20 policymaking and administrative personnel in State and local=20 REHABILITATION programs, projects, and facilities.

(3) The project shall submit an annual report, = through the=20 State agency designated pursuant to section 101, to the Secretary = on the=20 operation of the project during the previous year, including a = summary of=20 the work done and a uniform statistical tabulation of all cases = handled by=20 such project. A copy of each such report shall be submitted to the = appropriate committees of the Congress by the Secretary, together = with a=20 summary of such reports and his evaluation of such projects, = including=20 appropriate recommendations.

(4) Each State agency may enter into cooperative=20 arrangements with institutions of higher education to secure the = services=20 in such projects of graduate students who are undergoing clinical = training=20 activities in related fields. No compensation with funds = appropriated=20 under this ACT shall be provided to such students.

(5) Reasonable assurance shall be given by the = appropriate=20 State agency that all clients or client applicants within the = project area=20 shall have the opportunity to receive adequate service under the = project=20 and shall not be pressured against or otherwise discouraged from = availing=20 themselves of the services available under such project.

(6) The project shall be funded, administered, and = operated=20 directly by and with the concurrence of the State agency = designated=20 pursuant to section 101.

PART C--INNOVATION AND EXPANSION = GRANTS

STATE ALLOTMENTS

SEC. 120. (a)(1) From the sums available pursuant = to section=20 100 (b)(2) for any fiscal year for grants to States to assist them = in=20 meeting the costs described in section 121, each State shall be = entitled=20 to an allotment of an amount bearing the same ratio to such sums = as the=20 population of the State bears to the population of all the States. = The=20 allotment to any State under the preceding sentence for any fiscal = year=20 which is less than $50,000 shall be increased to that amount, and = for the=20 fiscal year ending June 30, 1974, no State shall receive less than = the=20 amount necessary to cover up to 90 per centum of the cost of = continuing=20 projects assisted under section 4(a)(2)(A) of * the Vocational=20 REHABILITATION ACT, except that no such project may receive * = financial=20 assistance under both the Vocational REHABILITATION ACT and this = ACT for a=20 total period of time excess of three years. That total of the = increase=20 required by the proceeding sentence shall be derived by = proportionately=20 reducing the allotments to each of the remaining States under the = first=20 sentence of this section, but with such adjustments as may be = necessary to=20 prevent the allotment of any of such remaining States from thereby = being=20 reduced to less than $50,000.

(b) Whenever the Secretary determines that any = amount of an=20 allotment to a State for any fiscal year will not be utilized by = such=20 State in carrying out the purposes of this section, he shall make = such=20 amount available for carrying out the purposes of this section to = one or=20 more other States which he determines will be able to use = additional=20 amounts during such year for carrying out such purposes. Any = amount made=20 available to a State for any fiscal year pursuant to the preceding = sentence shall, for purposes of this part, be regarded as an = increase of=20 such State's allotment (as determined under the preceding = provisions of=20 this section) for such year.

PAYMENTS TO STATES

SEC. 121. (a) From each State's allotment under = this part=20 for any fiscal year, the Secretary shall pay to such State or, at = the=20 option of the State agency designated pursuant to section = 101(a)(1), to a=20 public or nonprofit organization or agency, a portion of the cost = of=20 planning, preparing for, and initiating special programs under the = State=20 plan approved pursuant to section 101 to expand vocational = REHABILITATION=20 services, including programs to initiate or expand such services = to=20 individuals with the most severe handicaps, or of special programs = under=20 such State plan to initiate or expand services to classes of = handicapped=20 individuals who have unusual and difficult * problems in = connection with=20 their REHABILITATION, particularly handicapped individuals who are = poor,=20 and responsibility for whose treatment, education, * and = REHABILITATION is=20 shared by the State agency designated in section 101 with other = agencies.=20 The Secretary may require that any portion of a State's allotment = under=20 this section, but not more than 50 per centum of such allotment, = may be=20 expended in connection with only such projects as have first been = approved=20 by the Secretary. Any grant of funds under this section which will = be used=20 for direct services to handicapped individuals or for establishing = or=20 maintaining facilities which will render direct services to such=20 individuals must have the prior approval of the appropriate State = agency=20 designated pursuant to section 101.

(b) Payments under this section with respect to = any project=20 may be made for a period of not to exceed three years beginning = with the=20 commencement of the project as approved, and sums appropriated for = grants=20 under this section shall remain available for such grants through = the=20 fiscal year ending June 30, 1976. Payments with respect to any = project may=20 not exceed 90 per centum of the cost of such project. The non - = Federal=20 share of the cost of a project may be in cash or in kind and may = include=20 funds spent for project purposes by a cooperating public or = nonprofit=20 agency provided that it is not included as a cost in any other = federally=20 financed program.

(c) Payments under this section may be made in = advance or by=20 way of reimbursement for services performed and purchases made, as = may be=20 determined by the Secretary, and shall be made on such conditions = as the=20 Secretary finds necessary to carry out the purposes of this = section.

PART D--COMPREHENSIVE SERVICE NEEDS =

SPECIAL STUDY

SEC. 130. (a) The Secretary shall conduct a = comprehensive=20 study, including research and demonstration projects of the = feasibility of=20 methods designed (1) to prepare individuals with the most severe = handicaps=20 for entry into programs under this ACT who would not otherwise be = eligible=20 to enter such programs due to the severity of their handicap, and = (2) to=20 assist individuals with the most severe handicaps who, due to the = severity=20 of their handicaps or other factors such as their age, cannot = reasonably=20 be expected to be rehabilitated for employment but for whom a = program of=20 REHABILITATION could improve their ability to live independently = or=20 function normally within their family and community. Such study = shall=20 encompass the extent to which other programs administered by the = Secretary=20 do or might contribute to the objectives set forth in clauses (1) = and (2)=20 of the preceding sentence and the method by which all such = programs can be=20 coordinated at Federal, State, and local levels with those carried = out=20 under this ACT to the end that individuals with the most severe = handicaps=20 are assured of receiving the kinds of assistance necessary for = them to=20 achieve such objects.

(b) The Secretary shall report the findings of the = study,=20 research, and demonstrations directed by subsection (a) of this = section to=20 the Congress and to the President together with such = recommendations for=20 legislative or other action as he may find desirable, not later = than=20 February 1, 1975.

TITLE II--RESEARCH AND TRAINING =

DECLARATION OF PURPOSE

SEC. 200. The purpose of this title is to = authorize Federal=20 assistance to State and public or nonprofit agencies and = organizations=20 to--

(a) plan and conduct research, demonstrations, and = related=20 activities in the REHABILITATION of handicapped individuals, and =

(b) plan and conduct courses of training and = related=20 activities designed to provide increased number of trained = REHABILITATION=20 personnel, to increase the levels of skills of such personnel, and = to=20 develop improved methods of providing such training.

AUTHORIZATION OF APPROPRIATIONS =

SEC. 201. (a) In order to make grants and = contracts to carry=20 out the purposes of this title, there is authorized to be = appropriated:=20

(1) For the purpose of carrying out section 202 of = this=20 title, $25,000,000 each for the fiscal years ending June 30, 1974, = and=20 June 30, 1975; and there is further authorized to be appropriated = for such=20 purpose for each such year such additional sums as the Congress = may=20 determine to be necessary. Of the sums appropriated under this = paragraph,=20 20 per centum, and 25 per centum of the amounts appropriated in = the first=20 and second such fiscal years, respectively, shall be available = only for=20 the purpose of carrying out activities under section 202(b)(2). =

(2) For the purpose of carrying out section 203 of = this=20 title, there is authorized to be appropriated $27,700,000 each for = the=20 fiscal years ending June 30, 1974, and June 30, 1975; and there is = further=20 authorized to be appropriated for such purpose for each such year = such=20 additional sums as the Congress may determine to be necessary. =

(b) Funds appropriated under this title shall = remain=20 available until expended.

RESEARCH

SEC. 202. (a) The Secretary, = through the=20 Commissioner, and in coordination with other appropriate programs = in the=20 Department of Health, Education, and Welfare, is authorized to = make grants=20 to and contracts with States and public or nonprofit agencies and=20 organizations, including institutions of higher education, to pay = part of=20 the cost of projects for the purpose of planning and conducting = research,=20 demonstrations, and related activities which bear directly on the=20 development of methods, procedures, and devices to assist in the = provision=20 of vocational REHABILITATION services to handicapped individuals,=20 especially those with the most severe handicaps, under this ACT. = Such=20 projects may include medical and other scientific, technical,=20 methodological, and other investigations into the nature of = disability,=20 methods of analyzing it, and restorative techniques; studies and = analyses=20 of industrial, vocational, social, psychological, economic, and = other=20 factors affecting REHABILITATION of handicapped individuals; = special=20 problems of homebound and institutionalized individuals; studies = and=20 analyses of architectural and engineering design adapted to meet = the=20 special needs of handicapped individuals; and related activities = which=20 hold promise of increasing knowledge and improving methods in the=20 REHABILITATION of handicapped individuals and individuals with the = most=20 severe handicaps.

(b) In addition to carrying out projects under = subsection=20 (a) of this section, the Secretary, through the Commissioner, and = in=20 coordination with other appropriate programs in the Department of = Health,=20 Education, and Welfare, is authorized to make grants to pay part = or all of=20 the cost of the following specialized research activities:

(1) Establishment and support of REHABILITATION = Research and=20 Training Centers to be operated in collaboration with institutions = of=20 higher education for the purpose of providing coordinated and = advanced=20 programs of research in REHABILITATION and training of = REHABILITATION=20 research personnel, including, but not limited to, graduate = training.=20 Grants may include funds for services rendered by such a center to = handicapped individuals in connection with such research and = training=20 activities.

(2) Establishment and support of REHABILITATION = Engineering=20 Research Centers to (A) develop innovative methods of applying = advanced=20 medical technology, scientific achievement, and psychological and = social=20 knowledge to solve REHABILITATION problems through planning and = conducting=20 research, including cooperative research with public or private = agencies=20 and organizations, designed to produce new scientific knowledge,=20 equipment, and * devices suitable for solving problems in the=20 REHABILITATION of handicapped individuals and for reducing = environmental=20 barriers, and to (B) cooperate with State agencies designated = pursuant to=20 section 101 in developing systems of information exchange and = coordination=20 to promote the prompt utilization of engineering and other = scientific=20 research to assist in solving problems in the * REHABILITATION of=20 handicapped individuals.

(3) Conduct of a program for spinal cord injury = research, to=20 include support of spinal cord injuries projects and = demonstrations=20 established pursuant to section 303(b), which will (A) insure=20 dissemination of research findings among all such centers, (B) = provide=20 encouragement and support for initiatives and new approaches by = individual=20 and institutional investigators, and (C) establish and maintain = close=20 working relationships with other governmental and voluntary = institutions=20 and organizations engaged in similar efforts, in order to unify = and=20 coordinate scientific efforts, encourage joint planning, and = promote the=20 interchange of data and reports among spinal cord injury = investigators.=20

(4) Conduct a program for end-stage and renal = disease=20 research, to include support of projects and demonstrations for = providing=20 special services (including transplantation and dialysis), = artificial=20 kidneys, and supplies * necessary for the REHABILITATION of = individuals=20 suffering from such disease and which will (A) insure = dissemination of=20 research findings, (B) provide encouragement and support for = initiatives=20 and new approaches by individual and institutional investigators, = and (C)=20 establish and maintain close working relationships, with other=20 governmental and voluntary institutions and organizations engaged = in=20 similar efforts, in order to unify and coordinate scientific = efforts,=20 encourage joint planning, and promote the interchange of data and = reports=20 among investigators in the field of end-stage renal disease. No = person=20 shall be selected to participate in such program who is eligible = for=20 services for such disease under any other provision of law.

(5) Conduct of a program for international = REHABILITATION=20 research, demonstration, and training for the purpose of = developing new=20 knowledge and methods in the REHABILITATION of handicapped = individuals in=20 the United States, cooperating with and assisting in developing = and=20 sharing information found useful in other nations in the = REHABILITATION of=20 handicapped individuals, and initiating a program to exchange = experts and=20 technical assistance in the field of REHABILITATION of handicapped = individuals with other nations as a means of increasing the levels = of=20 skill of REHABILITATION personnel.

(c) The provisions of section 306 shall apply to = assistance=20 provided under this section, unless the context indicates to the = contrary.=20

TRAINING

SEC. 203. (a) The Secretary, through the = Commissioner, in=20 coordination with other appropriate programs in the Department of = Health,=20 Education, and Welfare, is authorized to make grants to and = contracts with=20 States and public or nonprofit agencies and organizations, = including=20 institutions of higher education, to pay part of the cost of = projects for=20 training, traineeships, and related activities designed to assist = in=20 increasing the numbers of personnel trained in providing = vocational=20 services to handicapped individuals and in performing other = functions=20 necessary to the development of such services.

(b) In making such grants or contracts, funds made = available=20 for any year will be utilized to provide a balanced program of = assistance=20 to meet the medical, vocational, and other personnel training = needs of=20 both public and private REHABILITATION programs and institutions, = to=20 include projects in REHABILITATION medicine, REHABILITATION = nursing,=20 REHABILITATION counseling, REHABILITATION social work, = REHABILITATION=20 psychology, physical therapy, occupational therapy, speech = pathology and=20 audiology, workshop and facility administration, prosthetics and=20 orthotics, specialized personnel in providing services to blind = and deaf=20 individuals, recreation for ill and handicapped individuals, and = other=20 fields contributing to the REHABILITATION of handicapped = individuals,=20 including homebound and institutionalized individuals and = handicapped=20 individuals with limited English-speaking ability. No grant shall = be made=20 under this section for furnishing to an individual any one course = of study=20 extending for a period in excess of four years.

REPORTS

SEC. 204. There shall be included = in the=20 annual report to the Congress required by section 404 a full = report on the=20 research and training activities carried out under this title and = the=20 extent to which such research and training has contributed = directly to the=20 development of methods, procedures, devices, and trained personnel = to=20 assist in the provision of vocational * REHABILITATION services to = handicapped individuals and those with the most * severe handicaps = under=20 this ACT.

TITLE III--SPECIAL FEDERAL = RESPONSIBILITIES=20

DECLARATION OF PURPOSE

SEC. 300. The purpose of this title is to--

(1) authorize grants and contracts to assist in = the=20 construction and initial staffing of REHABILITATION facilities; =

(2) authorize grants and contracts to assist in = the=20 provision of vocational training services to handicapped = individuals;

(3) authorize grants for special projects and = demonstrations=20 which hold promise of expanding or otherwise improving = REHABILITATION=20 services to handicapped individuals, including individuals with = spinal=20 cord injuries, older blind individuals, and deaf individuals whose = maximum=20 vocational potential has not been reached, which experiment with = new types=20 of patterns of services or devices for the REHABILITATION of = handicapped=20 individuals (including opportunities for new careers for = handicapped=20 individuals, and for other individuals in programs serving = handicapped=20 individuals) and which provide vocational REHABILITATION services = to=20 handicapped migratory agricultural workers or seasonal = farm-workers;

(4) establish and operate a National Center for = Deaf - Blind=20 Youths and Adults; and

(5) establish uniform grant and contract = requirements for=20 programs * assisted under this title and certain other provisions = of this=20 ACT.

GRANTS FOR CONSTRUCTION OF = REHABILITATION=20 FACILITIES

SEC. 301. (a) For the purpose of making grants and = contracts=20 under this section for construction of REHABILITATION facilities, = initial=20 staffing, and planning assistance, there is authorized to be = appropriated=20 such sums as may be necessary for the fiscal years ending June 30, = 1974,=20 and June 30, 1975. Amounts so appropriated shall remain available = for=20 expenditure with respect to construction projects funded or = initial=20 staffing grants made under this section prior to July 1, 1977. =

(b)(1) The Secretary is authorized to make grants = to assist=20 in meeting the costs of construction of public or nonprofit = REHABILITATION=20 facilities. Such grants may be made to States and public or = nonprofit=20 organizations and agencies for projects for which applications are = approved by the Secretary under this section.

(2) To be approved, an application for a grant for = a=20 construction project under this section must conform to the = provisions of=20 section 306.

(3) The amount of a grant under this section with = respect to=20 any construction project in any State shall be equal to the same=20 percentage of the cost of such project as the Federal share which = is=20 applicable in the case of REHABILITATION facilities (as defined in = section=20 645(g) of the Public Health Service ACT (42 U.S.C. 291o(a))), in = such=20 State, except that if the Federal share with respect to = REHABILITATION=20 facilities in such State is determined pursuant to subparagraph = (b)(2) of=20 section 645 of such ACT (42 U.S.C. 291o(b)(2)), the percentage of = the cost=20 for purposes of this section shall be determined in accordance = with=20 regulations prescribed by the Secretary designed to achieve as = nearly as=20 practicable results comparable to the results obtained under such=20 subparagraph.

(c) The Secretary is also authorized to make = grants to=20 assist in the initial staffing of any public or nonprofit = REHABILITATION=20 facility constructed after the date of enactment of this section = (whether=20 or not such construction was financed with the aid of a grant = under this=20 section) by covering part of the costs (determined in accordance = with=20 regulations the Secretary shall prescribe) of compensation of = professional=20 or technical personnel of such facility during the period = beginning with=20 the commencement of the operation of such facility and ending with = the=20 close of four years and three months after the month in which such = operation commenced. Such grants with respect to any facility may = not=20 exceed 75 per centum of such costs for the period ending with the = close of=20 the fifteenth month following the month in which such operation = commenced,=20 60 per centum of such costs for the first year thereafter, 45 per = centum=20 of such costs for the second year thereafter, and 30 per centum of = such=20 costs for the third year thereafter.

(d) The Secretary is also authorized to make = grants upon=20 application approved by the State agency designated under section = 101 to=20 administer the State plan, to public or nonprofit agencies, = institutions,=20 or organizations to assist them in meeting the cost of planning=20 REHABILITATION facilities and the services to be provided by such=20 facilities.

VOCATIONAL TRAINING SERVICES FOR = HANDICAPPED=20 INDIVIDUALS

SEC. 302. (a) For teh purpose of making grants and = contracts=20 under this section, there is authorized to be appropriated such = sums as=20 may be necessary for the fiscal years ending June 30, 1974, and = June 30,=20 1975.

(b)(1) The Secretary is authorized to make grants = to States=20 and public or nonprofit organizations and agencies to pay up to 90 = per=20 centum of the cost of projects for providing vocational training = services=20 to handicapped individuals, especially those with the most severe=20 handicaps, in public or * nonprofit REHABILITATION facilities. =

(2)(A) Vocational training services for purposes = of this=20 subsection shall include training with a view toward career = advancement;=20 training in occupational skills; related services, including work=20 evaluation, work testing, provision of occupational tools and = equipment=20 required by the individual to engage in such training, and job = tryouts;=20 and payment of weekly allowances to individuals receiving such = training=20 and related services.

(B) Such allowances may not be paid to any = individual for=20 any period in excess of two years, and such allowances for any = week shall=20 not exceed $30 plus $10 for each of the individual's dependents, = or $70,=20 whichever is less. In determining the amount of such allowances = for any=20 individual, consideration shall be given to the individual's need = for such=20 an allowance, including any expenses reasonably attributable to = receipt of=20 training services, the extent to which such an allowance will help = assure=20 entry into and satisfactory completion of training, and such other = factors, specified by the Secretary, as will promote such = individual's=20 capacity to engage in gainful and suitable employment.

(3) The Secretary may make a grant for a project = pursuant to=20 this subsection only on his determination that (A) the purpose of = such=20 project is to prepare handicapped individuals, especially those = with the=20 most severe handicaps, for gainful and suitable employment: (B) = the=20 individuals to receive training services under such project will = include=20 only those who have been determined to be suitable for and in need = of such=20 training services by the State agency or agencies designated as = provided=20 in section 101(a)(1) of the * State in which the REHABILITATION = facility=20 is located; (C) the full range of training services will be made = available=20 to each such individual, to the extent of his need for such = services; and=20 (D) the project, including the * participating REHABILITATION = facility and=20 the training services provided, meet such other requirements as he = may=20 prescribe in regulations for carrying out the purposes of this = subsection.=20

(c)(1) The Secretary is authorized to make grants = to public=20 or nonprofit REHABILITATION facilities, or to an organization or=20 combination of such facilities, to pay the Federal share of the = cost of=20 projects to analyze, improve, and increase their professional = services to=20 handicapped individuals, their management effectiveness, or any = other part=20 of their operations affecting their capacity to provide employment = and=20 services for such individuals.

(2) No part of any grant made pursuant to this = subsection=20 may be used to pay costs of acquiring, constructing, expanding,=20 remodeling, or altering any building.

MORTGAGE INSURANCE FOR REHABILITATION = FACILITIES=20

SEC. 303. (a) It is the purpose of this section to = assist=20 and encourage the provision of urgently needed facilities for = programs for=20 handicapped individuals.

(b) For the purpose of this section the terms = "mortgagee",=20 "maturity date", and "State" shall have the meanings respectively = set=20 forth in section 207 of the National Housing ACT.

(c) The Secretary, in consultation with the = Secretary of=20 Housing and Urban Development, and subject to the provisions of = section=20 306, is authorized to insure up to 100 per centum of any mortgage=20 (including advances on such mortgage during construction) in = accordance=20 with the provisions of this section upon such terms and conditions = as he=20 may prescribe and make commitments for insurance for such mortgage = prior=20 to the date of its execution or disbursement thereon, except that = no=20 mortgage of any public agency shall be insured under this section = if the=20 interest from such mortgage is exempt from Federal taxation.

(d) In order to carry out the purpose of this = section, the=20 Secretary is authorized to insure any mortgage which covers = construction=20 of a public or nonprofit REHABILITATION facility, including = equipment to=20 be used in its operation, subject to the following conditions: =

(1) The mortgage shall be executed by a mortgagor, = approved=20 by the Secretary, who demonstrates ability successfully to operate = one or=20 more programs for handicapped individuals. The Secretary may in = his=20 discretion require any such mortgagor to be regulated or = restricted as to=20 minimum charges and methods of financing, and, in addition = thereto, if teh=20 mortgagor is a corporate entity, as to capital structure and rate = of=20 return. As an aid to the regulation or restriction of any = mortgagor with=20 respect to any of the foregoing matters, the Secretary may make = such=20 contracts, with and acquire for not to exceed $100 such stock of = interest=20 in, such mortgagor as he may deem necessary. Any stock or interest = so=20 purchased shall be paid for out of the * REHABILITATION Facilities = Insurance Fund (established by subsection (h) of this section), = and shall=20 be redeemed by the mortgagor at par upon the termination of all=20 obligations of the Secretary under the insurance.

(2) The mortgage shall involve a principal = obligation in an=20 amount not to exceed 90 per centum of the estimated replacement = cost of=20 the property or project, including equipment to be used in the = operation=20 of the REHABILITATION facility, when the proposed improvements are = completed and the equipment is installed, but not including any = cost=20 covered by grants in aid under this ACT or any other Federal ACT. =

(3) The mortgage shall--

(A) provide for complete amortization by periodic = payments=20 within such term as the Secretary shall prescribe, and

(B) bear interest (exclusive or premium charges = for=20 insurance and service charges, if any) at not to exceed such per = centum=20 per annum on the principal obligation outstanding at any time as = the=20 Secretary finds necessary to meet the mortgage market.

(e) The Secretary shall fix and collect premium = charges for=20 the insurance of mortgages under this section which shall be = payable=20 annually in advance by the mortgagee, either in cash or in = debentures of=20 the REHABILITATION Facilities Insurance Fund (established by = subsection=20 (h) of this section) issued at par plus accrued interest. In the = case of=20 any mortgage such charge shall be not less than an amount = equivalent to=20 one-fourth of 1 per centum per annum nor more than an amount = equivalent to=20 1 per centum per annum of the amount of the principal obligation = of the=20 mortgage outstanding at any one time, without taking into account=20 delinquent payments or prepayments. In addition to the premium = charge=20 herein provided for, the Secretary is authorized to charge and = collect=20 such amounts as he may deem reasonable for teh appraisal of a = property or=20 project during construction, but such charges for appraisal and = inspection=20 shall not aggregate more than 1 per centum of the original = principal face=20 amount of the mortgage.

(f) The Secretary may consent to the release of a = part of or=20 parts of the mortgaged property or project from the lien of any = mortgage=20 insured under this section upon such terms and conditions as he = shall by=20 regulation prescribe.

(g)(1) The Secretary shall have the same = functions, powers,=20 and duties (insofar as applicable) with respect to the insurance = of=20 mortgages under this section as the Secretary of Housing and Urban = Development has with respect to the insurance of mortgages under = title ii=20 of the National Housing ACT. The Secretary may, pursuant to a = formal=20 delegation agreement containing regulations prescribed by him, = delegate to=20 the Secretary of Housing and Urban Development authority to = administer=20 this section in accordance with such delegation agreement.

(2) The provisions of subsections (e), (g), (h), = (i), (j),=20 (k), (l), and (n) of section 207 of the National Housing ACT shall = apply=20 to mortgages insured under this section; except that, for the = purposes of=20 their application with respect to such mortgages, all references = in such=20 provisions to the * General Insurance Fund shall be deemed to = refer to the=20 REHABILITATION Facilities Insurance Fund (established by = subsection (h) of=20 this section) and all references in such provisions to "Secretary" = shall=20 be deemed to refer to the Secretary of Health, Education, and = Welfare.=20

(h)(1) There is hereby created a REHABILITATION = Facilities=20 Insurance Fund which shall be used by the Commissioner as a = revolving fund=20 for carrying out all the insurance provisions of this section. All = mortgages insured under this section shall be insured under and be = the=20 obligation of the REHABILITATION Facilities Insurance Fund.

(2) The general expenses of the operations of the=20 REHABILITATION Services Administration relating to mortgages = insured under=20 this section may be charged to the REHABILITATION Facilities = Insurance=20 Fund.

(3) Moneys in the REHABILITATION Facilities = Insurance Fund=20 not needed for the current operations of the REHABILITATION = Services=20 Administration with respect to mortgages insured under this = section shall=20 be deposited with the Treasurer of the United States to the credit = of such=20 fund, or invested in bonds or other obligations of, or in bonds or = other=20 obligations guaranteed as to principal and interest by, the United = States.=20 The Commissioner may, with the approval of the Secretary of the = Treasury,=20 purchase in the open market debentures issued as obligations of = the=20 REHABILITATION Facilities Insurance Fund. Such purchases shall be = made at=20 a price which will provide an investment yield of not less than = the yield=20 obtainable from other investments authorized by this section. = Debentures=20 so purchased shall be canceled and not reissued.

(4) Premium charges, adjusted premium charges, and = appraisals and other fees received on account of the insurance of = any=20 mortgage under this section, the receipts derived from property = covered by=20 such mortgages and from any claims, debts, contracts, property, = and=20 security assigned to the Secretary in connection therewith, and = all=20 earnings as the assets of the fund, shall be credited to the=20 REHABILITATION Facilities Insurance Fund. The principal of, and = interest=20 paid and to be paid on, debentures, which are the obligation of = such fund,=20 cash insurance payments, and adjustments, and expense incurred in = the=20 handling, management, renovation, and disposal of properties = acquired, in=20 connection with mortgages insured under this section, shall be = charged to=20 such fund.

(5) There are authorized to be appropriated to = provide=20 initial capital for the REHABILITATION Facilities Insurance Fund, = and to=20 assure the soundness of such fund thereafter, such sums as may be=20 necessary, except that the total amount of outstanding mortgages = insured=20 shall not exceed $200,000,000.

SPECIAL PROJECTS AND = DEMONSTRATIONS

Sec. 304. (a) (1) For the purpose of making grants = under=20 this section for special projects and demonstrations (and research = and=20 evaluation connected therewith), there is authorized to be = appropriated=20 $15,000,000 for the fiscal year ending June 30, 1974, and = $17,000,000 for=20 the fiscal year ending June 30, 1975; and there is further = authorized to=20 be appropriated for such purposes for each such year such = additional sums=20 as the Congress may determine to be necessary.

(2) Of the amounts appropriated pursuant to = paragraph (1) of=20 this subsection, 5 per centum in each such fiscal year shall be = available=20 only for the purpose of making grants under subsection (c) of this = section, and there is authorized to be appropriated in each such = fiscal=20 year such additional amount as may be necessary to equal, when = added to=20 the amount made available for the purpose of making grants under = such=20 subsection an amount of $5,000,000 to be available for each such = fiscal=20 year.

(b) The Secretary, subject to the provisions of = section 306,=20 shall make grants to States and public or nonprofit agencies and=20 organizations for paying part or all of the cost of special = projects and=20 demonstrations (and research and evaluation in connection = therewith) (1)=20 for establishing programs and facilities for providing vocational=20 REHABILITATION services which hold promise of expanding or = otherwise=20 improving REHABILITATION services to handicapped individuals = (especially=20 those with the most severe handicaps) including individuals with = spinal=20 cord injuries, older blind individuals, and deaf individuals, = whose=20 maximum vocational potential has not been reached, and (2) for = applying=20 new types or patterns of services or devices (including = opportunities for=20 new careers for handicapped individuals for other individuals in = programs=20 servicing handicapped individuals). Projects and demonstrations = providing=20 services to individuals with spinal cord injuries shall include = provisions=20 to--

(A) establish, on an appropriate regional basis, a = multidisciplinary system of providing vocational and other = REHABILITATION=20 services, specifically designed to meet the special needs of = individuals=20 with spinal cord injuries, including acute care as well as = periodic=20 inpatient or outpatient followup and services;

(B) demonstrate and evaluate the benefits to = individuals=20 with spinal cord injuries served in, and the degree of cost = effectiveness=20 of, such a regional system;

(C) demonstrate and evaluate existing, new, and = improved=20 methods and equipment essential to the care, management, and=20 REHABILITATION of individuals with spinal cord injuries; and

(D) demonstrate and evaluate methods of community = outreach=20 for individuals with spinal cord injuries and community education = in=20 connection with the problems of such individuals in areas such as = housing,=20 transportation, recreation, employment, and community activities. =

(c) The Secretary, subject to the provisions of = section 306,=20 is authorized to make grants to any State agency designated = pursuant to a=20 State plan approved under section 101, or to any local agency=20 participating in the administration of such a plan, to pay up to = 90 per=20 centum of the costs of * projects or demonstrations for the = provision of=20 vocational REHABILITATION services to handicapped individuals, as=20 determined in accordance with rules prescribed by the Secretary of = Labor,=20 are migratory agricultural workers or seasonal farmworkers, and to = members=20 of their families (whether or not handicapped) who are with them,=20 including maintenance and transportation of such individuals and = members=20 of their families where necessary to the REHABILITATION of such=20 individuals. Maintenance payments under this section shall be = consistent=20 with any maintenance payments made to other handicapped = individuals in the=20 State under this ACT. Such grants shall be conditioned upon = satisfactory=20 assurance that in the provision of such services there will be = appropriate=20 cooperation between the grantee and other public or nonprofit = agencies and=20 organizations having special skills and experience in the = provision of=20 services to migratory agricultural workers, seasonal farmworkers, = or their=20 families. This subsection shall be administered in coordination = with other=20 programs serving migrant agricultural workers and seasonal = farmworkers,=20 including programs under title I of the Elementary and Secondary = Education=20 ACT of 1965, section 311 of the Economic Opportunity ACT of 1964, = the=20 Migrant * Health ACT, and the Farm Labor Contractor Registration = ACT of=20 1963.

(d) The Secretary is authorized to make contracts = or jointly=20 financed cooperative arrangements with employers and organizations = for the=20 establishment of projects designed to prepare handicapped = individuals for=20 gainful and suitable employment in the competitive labor market = under=20 which handicapped individuals are provided training and employment = in a=20 realistic work setting and such other services (determined in = accordance=20 with regulations prescribed by the Secretary) as may be necessary = for such=20 individuals to continue to engage in such employment.

(e)(1) The Secretary is authorized, directly or by = contract=20 with State vocational REHABILITATION agencies or experts or = consultants or=20 groups thereof, to provide technical assistance (A) to = REHABILITATION=20 facilities, and (B) for the purpose of removal og architectural = and=20 transportation barriers, to any public or nonprofit agency, = institution,=20 organization or facility.

(2) Any such experts or consultants shall, while = serving=20 pursuant to such contracts, be entitled to receive compensation at = rates=20 fixed by the Secretary, but not exceeding the pro rata pay rate = for a=20 person employed as a GS-18, under section 5332 of title 5, United = States=20 Code, including traveltime, and while so serving away from their = homes or=20 regular places of business, they may be allowed travel expenses, = including=20 per diem in lieu of subsistence, as authorized by section 5703 of = title 5,=20 United States Code, for persons in the Government service employed = intermittently.

NATIONAL CENTER FOR DEAF - BLIND = YOUTHS AND=20 ADULTS

Sec. 305. (a) For the purpose of establishing and = operating=20 a National Center for Deaf - Blind Youths and Adults, there is = authorized=20 to be appropriated such sums as may be necessary for construction, = which=20 shall remain available until expended, and such sums as may be = necessary=20 for operations for the fiscal years ending June 30, 1974, and June = 30,=20 1975.

(b) In order--

(1) to demonstrate methods of (A) providing the = specialized=20 intensive services, and other services, needed to rehabilitate = handicapped=20 individuals who are both deaf and blind, and (B) training the = professional=20 and allied personnel needed adequately to staff facilities = specifically=20 designed to provided such services and training to such personnel = who have=20 been or will be working with deaf-blind individuals;

(2) to conduct research in the problems of, and = ways of=20 meeting the problems of rehabilitating, deaf-blind individuals; = and

(3) to aid in the conduct of related activities = which will=20 expand or improve the services for or help improve public = understanding of=20 the problems of deaf-blind individuals; the Secretary, subject to = the=20 provisions of section 306, is authorized to enter into an = agreement with=20 any public or nonprofit agency or organization for payment by the = United=20 States of all or part of the costs of the establishment and = operation,=20 including construction and * equipment, of a center for vocational = REHABILITATION of handicapped individuals who are both deaf and = blind,=20 which center shall be known as the National Center for Deaf - = Blind Youths=20 and Adults.

(c) Any agency or organization desiring to enter = into such=20 agreement shall submit a proposal therefor at such time, in such = manner,=20 and containing such information as may be prescribed in = regulations by the=20 Secretary. In considering such proposals the Secretary shall give=20 preference to proposals which (1) give promise of maximum = effectiveness in=20 the organization and operation of such Center, and (2) give = promise of=20 offering the most substantial skill, experience, and capability in = providing a broad program of service, research, training, and = related=20 activities in the field of * REHABILITATION of deaf-blind = individuals.=20

GENERAL GRANT AND CONTRACT = REQUIREMENTS

Sec. 306. (a) The provisions of this section shall = apply to=20 all projects approved and assisted under this title. The Secretary = shall=20 insure compliance with this section prior to making any grant or = entering=20 into any contract or agreement under this title, except projects=20 authorized under section 302.

(b) To be approved. an application for assistance = for a=20 construction project under this title must--

(1) contain or be supported by reasonable = assurances that=20 (A) for a period of not less than twenty years after completion of = construction of the project it will be used as a public or = nonprofit=20 facility, (B) sufficient funds will be available to meet the non - = Federal=20 share of the cost of construction of the project, and (C) = sufficient funds=20 will be available, when construction of the project is completed, = for its=20 effective use for its intended purpose;

(2) provide that Federal funds provided to any = agency or=20 organization under this title will be used only for the purposes = for which=20 provided and in accordance with the applicable provisions of this = section=20 and the section under which such funds are provided;

(3) provide that the agency or organization = receiving=20 Federal funds under this title will make an annual report to the=20 Secretary, which he shall summarize and comment upon in the annual = report=20 to the Congress submitted under section 404;

(4) be accompanied or supplemented by plans and=20 specifications in which due consideration shall be given to = excellence of=20 architecture and design, and to the inclusion of works of art (not = representing more than 1 per centum of the cost of the project), = and which=20 comply with regulations prescribed by the Secretary related to = minimum=20 standards of construction and equipment (promulgated with = particular=20 emphasis on securing compliance with the requirements of the = Architectural=20 Barriers ACT of 1968 (Public Law 90-480)), and with regulations of = the=20 Secretary of Labor relating to occupational health * and safety = standards=20 for REHABILITATION facilities; and

(5) contain or be supported by reasonable = assurance that any=20 laborer or mechanic employed by any contractor or subcontractor in = the=20 performance of work on any construction aided by payments pursuant = to any=20 grant under this section will be paid wages at rates not less than = those=20 prevailing on similar construction in the locality as determined = by the=20 Secretary of Labor in * accordance with Davis - Bacon ACT, as = amended (40=20 U.S.C. 276a--276a--5); and the Secretary of Labor shall have with = respect=20 to the labor standards specified in this paragraph, the authority = and=20 functions set forth in Reorganization Plan Numbered 14 of 1950 (15 = F.R.=20 3176) and section 2 of the * ACT of June 13, 1934, as amended (40 = U.S.C.=20 276c).

(c) Upon approval of any application for a grant = or contract=20 for a project under this title, the Secretary shall reserve, from = any=20 appropriation available therefore, the amount of such grant or = contract=20 determined under this title. In case an amendment to an approved=20 application is approved, or the estimated cost of a project is = revised=20 upward, any additional payment with respect thereto may be made = from the=20 appropriation from which the original reservation was made or the=20 appropriation for the fiscal year in which such amendment or = revision is=20 approved.

(d) If, within twenty years after completion of = any=20 construction project for which funds have been paid under this = title, the=20 facility shall cease to be a public or nonprofit facility, the = United=20 States shall be entitled to recover from the applicant or other = owner of=20 the facility the amount bearing the same ratio to the then value = (as=20 determined by agreement of the parties or by action brought in the = United=20 States district court for the district in which such facility is = situated)=20 of the facility, as the amount of the Federal participation bore = to the=20 cost of construction of such facility.

(e) Payment of assistance or reservation of funds = made=20 pursuant to this title may be made (after necessary adjustment on = account=20 of previously made overpayments or underpayments) in advance or by = way of=20 reimbursement, and in such installments and on such conditions, as = the=20 Secretary may determine.

(f) A project for construction of a REHABILITATION = facility=20 which is primarily a workshop may, where approved by the Secretary = as=20 necessary to the effective operation of the facility, include such = construction as may be necessary to provide residential = accommodations for=20 use in connection with the * REHABILITATION of handicapped = individuals.=20

(g) No funds provided under this title may be used = to assist=20 in the construction of any facility which is or will be used for = religious=20 worship or any sectarian activity.

(h) When in any State, funds provided under this = title will=20 be used for providing direct services to handicapped individuals = or for=20 establishing facilities which will provide such services, such = services=20 must be carried out in a manner not inconsistent with the State = plan=20 approved pursuant to section 101.

(i) Prior to making any grant or entering into any = contract=20 under this title, the Secretary shall afford reasonable = opportunity to the=20 appropriate State agency or agencies designated pursuant to = section 101 to=20 comment on such grant or contract.

TITLE IV--ADMINISTRATION AND PROGRAM = AND PROJECT=20 EVALUATION ADMINISTRATION

SEC. 400. (a) In carrying out his duties under = this ACT, the=20 Secretary shall--

(1) cooperate with, and render technical = assistance=20 (directly or by grant * or contract) to States in matters relating = to the=20 REHABILITATION of handicapped individuals;

(2) provide short-term training and instruction in = technical=20 matters * relating to vocational REHABILITATION services, = including the=20 establishment and maintenance of such research fellowships and=20 traineeships, with such stipends and allowances (including travel = and=20 subsistence expenses), as he may deem necessary, except that no = such=20 training or instruction (or fellowship or scholarship) shall be = provided=20 any individual for any one course of study for a period in excess = of four=20 years, and such training, instruction, fellowships, * and = traineeships may=20 be in the fields of REHABILITATION medicine, * REHABILITATION = nursing,=20 REHABILITATION counseling, REHABILITATION social work, * = REHABILITATION=20 psychology, physical therapy, occupational therapy, speech = pathology and=20 audiology, prosthetics and orthotics, recreation for ill and = handicapped=20 individuals, and other specialized fields contributing to the *=20 REHABILITATION of handicapped individuals; and

(3) disseminate information relating to vocational = REHABILITATION services, and otherwise promote the cause of the=20 REHABILITATION of handicapped individuals and their utilization in = gainful=20 and suitable employment.

(b) The Secretary is authorized to make rules and=20 regulations governing the administration of this title and titles = I=20 through III of this ACT, and, except as otherwise provided in this = ACT, to=20 delegate to any officer or employee of the United States such of = his=20 powers and duties under such titles, except the making of rules = and=20 regulations, as he finds necessary to carry out the provisions of = such=20 titles. Such rules and regulations shall be published in the = Federal=20 Register, on at least an interim basis, no later than ninety days = after=20 the date of enactment of this ACT.

(c) The Secretary is authorized (directly or by = grants or=20 contracts) to conduct studies, investigations, and evaluation of = the=20 programs authorized by this ACT, and to make reports, with respect = to=20 abilities, aptitudes, and capacities of handicapped individuals,=20 development of their potentialities, their utilization in gainful = and=20 suitable employment, and with respect to architectural, = transportation,=20 and other environmental and attitudinal barriers to their = REHABILITATION,=20 including the problems of homebound, institutionalized, and older = blind=20 individuals.

(d) There is authorized to be included for each = fiscal year=20 in the appropriation for the Department of Health, Education, and = Welfare=20 such sums as are necessary to administer the provisions of this = ACT.

(e) In carrying out his duties under this ACT, the = Secretary=20 shall insure the maximum coordination and consultation, at both = national=20 and local levels, with the Administrator of Veterans' Affairs and = his=20 designees with respect to programs for and relating to the = REHABILITATION=20 of disabled veterans carried out under title 38, United States = Code.

PROGRAM AND PROJECT EVALUATION =

SEC. 401. (a) (1) The Secretary shall measure and = evaluate=20 the impact of all programs authorized by this ACT, in order to = determine=20 their effectiveness in a achieving stated goals in general, and in = relation to their cos, their impact on related programs, and their = structure and mechanisms for delivery of services, including, = where=20 appropriate, comparisons with appropriate in such programs. = Evaluations=20 shall be conducted by persons not immediately involved in the=20 administration of the program or project evaluated.

(2) In carrying out his responsibilities under = this=20 subsection, the Secretary, in the case of research, = demonstrations, and=20 related activities carried out under section 202, shall, after = taking into=20 consideration the views of State agencies designated pursuant to = section=20 101, on an annual basis--

(A) reassess priorities to which such activities = should be=20 directed; and

(B) review present research, demonstration, and = related=20 activities to determine, in terms of the purpose specified for = such=20 activities by subsection (a) of section 202, whether and on what = basis=20 such activities should be continued, revised, or terminated.

(3) The Secretary shall, within 12 months after = the date of=20 enactment of this ACT, and on each April 1 thereafter, prepare and = furnish=20 to the appropriate committees of the Congress a complete report on = the=20 determination and review carried out under paragraph (2) of this=20 subsection, together with such recommendations, including any=20 recommendations for additional legislation, as he deems = appropriate.

(B) Effective July 1, 1974, before funds for the = programs=20 and project covered by this ACT are released, the Secretary shall = develop=20 and publish general standards for evaluation of the programs and = project=20 effectiveness in achieving the objectives of this ACT. He shall = consider=20 the extent to which such standards have been met in deciding, in=20 accordance with procedures set forth in subsection (b), (c), and = (d) of=20 section 101, whether to renew or supplement financial assistance=20 authorized under any section of this ACT. Reports submitted = pursuant to=20 section 404 shall describe the actions taken as a result of these=20 evaluations.

(c) In carrying out evaluations under this title, = the=20 Secretary shall, whenever possible, arrange to obtain the specific = views=20 of persons participating in and served by programs and projects = assisted=20 under this ACT about such programs and projects.

(d) The Secretary shall publish the results of = evaluative=20 research and summaries of evaluations of program and project = impact and=20 effectiveness no later than ninety days after the completion = thereof. The=20 Secretary shall submit to the appropriate committees of the = Congress=20 copies of all such research studies and evaluation summaries.

(e) The Secretary shall take the necessary action = to assure=20 that all studies, evaluations, proposals, and data produced or = developed=20 with assistance under this ACT shall become the property of the = United=20 States.

OBTAINING INFORMATION FROM FEDERAL = AGENCIES=20

SEC. 402. Such information as the Secretary may = deem=20 necessary for purposes of the evaluations conducted under this = title shall=20 be made available to him, upon request, by the agencies of the = executive=20 branch.

AUTHORIZATION OF APPROPRIATIONS =

SEC. 403. There is authorized to be appropriated = for the=20 fiscal years ending June 30, 1974, and June 30, 1975, such sums as = the=20 Secretary may require, but not to exceed an amount equal to = one-half of 1=20 per centum of the funds appropriated under titles I, II, and II of = this=20 ACT or $1,000,000, whichever is greater, to be available to = conduct=20 program and project evaluations as required by this title.

REPORTS

SEC. 404. Not later than one hundred and twenty = days after=20 the close of each fiscal year, the secretary shall prepare and = submit to=20 the President and to the Congress a full and complete report on = the=20 activities carried out under this ACT. Such annual reports shall = include=20 (1) statistical data reflecting, with the maximum feasible detail=20 vocational REHABILITATION services provided handicapped = individuals during=20 the preceding fiscal year, (2) specifically * distinguish among=20 REHABILITATION closures attributable to physical restoration, = placement in=20 competitive employment, extended or terminal employment in a = sheltered=20 workshop or REHABILITATION facility, employment as a homemaker or = unpaid=20 family worker, and provision of other services,and (3) include a = detailed=20 evaluation of services provided with assistance under title I of = this ACT,=20 especially services to those with the most severe handicaps.

SECRETARIAL RESPONSIBILITIES

SEC. 405. (A) It shall be the function of the = Secretary,=20 with the assistance of agencies within the Department, other = departments=20 and agencies with the Federal Government, handicapped individuals, = and=20 public and private agencies and organizations, through the Office = of the=20 Secretary, to--

(1) prepare for submission to the Congress within = eighteen=20 months after the date of enactment of this ACT, a long-range = projection=20 for the provision of comprehensive services to handicapped = individuals and=20 for programs of research, evaluation, and training related to such = services and individuals;

(2) analyze on a continuing basis and include in = his report=20 submitted under section 404, a report on the results of such = analysis,=20 program operation to determine consistency with applicable = provisions of=20 law, progress toward meeting the goals and priorities set forth in = the=20 projection required under clause (1), and the effectiveness of all = programs providing services to handicapped individuals, and the=20 elimination of unnecessary duplication and overlap in such = programs under=20 the jurisdiction of the Secretary;

(3) encourage coordinated and cooperative planning = designed=20 to produce maximum effectiveness, sensitivity, and continuity in = the=20 provision of services for handicapped individuals by all programs; =

(4) develop means of promoting the prompt = utilization of=20 engineering and other scientific research to assist in solving = problems in=20 education (including promotion of the development of curriculums = stressing=20 barrier free design and the adoption of such curriculums by = schools of=20 architecture, * design, and engineering), health, employment,=20 REHABILITATION, architectural, housing, and transportation = barriers, and=20 other areas so as to bring about full integration of handicapped=20 individuals into all aspects of society;

(5) provide a central clearinghouse for = information and=20 resource availability for handicapped individuals through (A) the=20 evaluation of systems within the Department of Health Education, = and=20 Welfare, other departments and agencies of the Federal Government, = public=20 and private agencies and organizations, and other sources, which = provide=20 (i) information and data regarding the location, provision, and=20 availability of services and programs for handicapped individuals, = regarding research and recent medical and scientific developments = bearing=20 on handicapping conditions (and their prevention, amelioration, = causes,=20 and cures), and regarding the current numbers of handicapped = individuals=20 and their needs, and (ii) any other such relevant information and = data=20 which the Secretary deems necessary; and (B) utilizing the results = of such=20 evaluation and existing information systems, the development = within such=20 Department of a coordinated system of information and data = retrieval,=20 which will have the capacity and responsibility to provide general = and=20 specific information regarding the information and data referred = to in=20 subclause (A) of this clause to the Congress, public and private = agencies=20 and organizations, handicapped individuals and their families,=20 professionals in fields serving such individuals, and the general = public.=20

(b) In selecting personnel to assist in the = performance of=20 the functions assigned in subsection (a) of this section, the = Secretary=20 shall give special emphasis to qualified handicapped individuals. =

(c) The functions assigned to the Secretary by = this section=20 shall not be delegated to any persons not assigned to and = operating in the=20 Office of the Secretary, except that he may establish an Office = for the=20 Handicapped in the office of an appropriate Assistant Secretary of = the=20 Department of Health, Education, and Welfare to carry out such = functions.=20

(d) There are authorized to be appropriated for = carrying out=20 this section $500,00 each for the fiscal years ending June 30, = 1974, and=20 June 30, 1975.

(e) Not later than thirty days after the = appropriation ACT=20 containing sums for carrying out the provisions of this ACT is = enacted for=20 each fiscal year, the Secretary shall set aside out of sums = available to=20 carry out this section or otherwise available pursuant to any = other ACT,=20 an amount which he determines is necessary and appropriate to = enable him=20 to carry out the provisions of this section and shall notify the=20 appropriate committees of the Congress of the amount so set aside, = the=20 number of personnel necessary for such purpose, and the basis for = his=20 determination under this subsection and his reasons therefor.

SHELTERED WORKSHOP STUDY

SEC. 406. (a) The Secretary shall conduct an = original study=20 of the role of sheltered workshops in the REHABILITATION and = employment of=20 handicapped individuals, including a study of wage payments in = sheltered=20 workshops. The study shall incorporate guidelines which are = consistent=20 with criteria provided in resolutions adopted by the Committee on = Labor=20 and Public Welfare of the United States Senate or the Committee on = Education and Labor of the United States House of Representatives, = or=20 both.

(b) The study shall include site visits to = sheltered=20 workshops, interviews with handicapped trainees or clients, and=20 consultations with interested individuals and groups and State = agencies=20 designated pursuant to section 101.

(c) Any contracts awarded for the purpose of = carrying out=20 all or part of this study shall not be made with individuals or = groups=20 with a financial or other direct interest in sheltered workshops. =

(d) The Secretary shall report to the Congress his = findings=20 and recommendations with respect to such study within twenty-four = months=20 after the date of enactment of this ACT.

STATE ALLOCATION STUDY

SEC. 407. (a) The Secretary shall conduct a = thorough study=20 of the allotment of funds among the States for grants for basic = vocational=20 REHABILITATION services authorized under part B of title I of this = ACT,=20 including a consideration of--

(1) the needs of individuals requiring vocational=20 REHABILITATION services;

(2) the financial capability of the States to = furnish=20 vocational REHABILITATION assistance including, on a = State-by-State basis,=20 per capita income, per capita costs of services rendered, State = tax rates,=20 and the ability and willingness of a State to provide the non - = Federal=20 share of the costs of rendering such services;

(3) the continuing demand upon the States to = furnish=20 vocational REHABILITATION services, together with a consideration = of the=20 factor that no State would receive less Federal financial = assistance under=20 such part than it received under section 2 of the Vocational=20 REHABILITATION ACT in the fiscal year immediately prior to the = enactment=20 of this ACT.

(b) Not later than June 30, 1974, the Secretary = shall report=20 to the Congress his findings and recommendations, including=20 recommendations for additional legislation, with respect to the = study=20 required by this section, which report shall include = recommendations with=20 respect to allotment of Federal funds among the States and the = Federal=20 share of the cost of furnishing vocational REHABILITATION services = by the=20 States.

TITLE V--MISCELLANEOUS

EFFECT ON EXISTING LAW

SEC. 500. (a) The Vocational REHABILITATION ACT = (29 U.S.C.=20 31 et seq.) is repealed ninety days after the date of enactment of = this=20 ACT and references to such Vocational REHABILITATION ACT in any = other=20 provision of law shall, ninety days after such date, be deemed to = be=20 references to the REHABILITATION ACT of 1973. Unexpended = appropriations=20 for carrying out the Vocational REHABILITATION ACT may be made = available=20 to carry out this ACT, as directed by the President. Approved = State plans=20 for vocational REHABILITATION, approved projects, and contractual=20 arrangements authorized under the Vocational REHABILITATION ACT = will be=20 recognized under comparable provisions of this ACT so that there = is no=20 disruption of ongoing activities for which there is continuing = authority.=20

(b) The authorizations of appropriations in the = Vocational=20 REHABILITATION ACT are hereby extended at the level specified for = the=20 fiscal year 1972 for the fiscal year 1973.

EMPLOYMENT OF HANDICAPPED = INDIVIDUALS

SEC. 501. (a) There is established within the = Federal=20 Government an Interagency Committee on Handicapped Employees = (hereinafter=20 in this section referred to as the "Committee"), comprised of such = members=20 as the President may select, including the following (or their = designees=20 whose positions are Executive Level IV or higher): the Chairman of = the=20 Civil Service Commission, the Administrator of Veterans' Affairs, = and the=20 Secretaries of Labor and Health, Education, and Welfare. The = Secretary of=20 Health, Education, and Welfare and the Chairman of the Civil = Service=20 Commission shall serve as co-chairmen of the Committee. The = resources of=20 the President's Committees on Employment of the Handicapped and on = Mental=20 Retardation shall be made fully available to the Committee. It = shall be=20 the purpose and function of the Committee (1) to provide a focus = for=20 Federal and other employment of handicapped individuals, and to = review, on=20 a periodic basis, in cooperation with the Civil Service = Commission, the=20 adequacy of hiring, placement, and advancement practices with = respect to=20 handicapped individuals, by each department, agency, and = instrumentality=20 in the executive branch of Government, and to insure that the = special=20 needs of such individuals are being met; and (2) to consult with = the Civil=20 Service Commission to assist the Commission to carry out its=20 responsibilities under subsections (b), (c), and (d) of this = section. On=20 the basis of such review and consultation, the Committee shall=20 periodically make to the Civil Service Commission such = recommendations for=20 legislative and administrative changes as it deems necessary or = desirable.=20 The Civil Service Commission shall timely transmit to the = appropriate=20 committees of Congress any such recommendations.

(b) Each department, agency, and instrumentality = (including=20 the United States Postal Service and the Postal Rate Commission) = in the=20 executive branch shall, within one hundred and eighty days after = the date=20 of enactment of this ACT, submit to the Civil Service Commission = and to=20 the Committee an affirmative action program plan for the hiring,=20 placement, and advancement of handicapped individuals in such = department,=20 agency, or instrumentality. Such plan shall include a description = of the=20 extent to which and methods whereby the special needs of = handicapped=20 employees are being met. Such plan shall be updated annually, and = shall be=20 reviewed annually and approved by the Commission, if the = Commission=20 determines, after consultation with the Committee, that such plan = provides=20 sufficient assurances, procedures and commitments to provide = adequate=20 hiring, placement, and advancement opportunities for handicapped=20 individuals.

(c) The Civil Service Commission, after = consultation with=20 the Committee, shall develop and recommend to the Secretary for = referral=20 to the appropriate State agencies, policies and procedures which = will=20 facilitate the hiring, placement, and advancement in employment of = individuals who have received REHABILITATION services under State=20 vocational REHABILITATION programs, veterans' programs, or any = other=20 program for handicapped individuals, including the promotion of = job=20 opportunities for such individuals. The Secretary shall encourage = such=20 State agencies to adopt and implement such policies and = procedures.

(d) The Civil Service Commission, after = consultation with=20 the Committee, shall, on June 30, 1974, and at the end of each = subsequent=20 fiscal year, make a complete report to the appropriate committees = of the=20 Congress with respect to the practices of and achievements in = hiring,=20 placement, and advancement of handicapped individuals by each = department,=20 agency, and instrumentality and the effectiveness of the = affirmative=20 action programs required by subsection (b) of this section, = together with=20 recommendations as to legislation which have been submitted to the = Civil=20 Service Commission under subsection (a) of this section, or other=20 appropriate action to insure the adequacy of such practices. Such = report=20 shall also include an evaluation by the Committee of the = effectiveness of=20 the Civil Service Commission's activities under subsections (b) = and (c) of=20 this section.

(e) An individual who, as a part of his = individualized=20 written REHABILITATION program under a State plan approved under = this ACT,=20 participates in a program of unpaid work experience in a Federal = agency,=20 shall not, by reason thereof, be considered to be a Federal = employee or to=20 be subject to the provisions of law relating to Federal = employment,=20 including those relating to hours of work, rates of compensation, = leave,=20 unemployment compensation, and Federal employee benefits.

(f)(1) The Secretary of Labor and the Secretary of = Health,=20 Education, and Welfare are authorized and directed to cooperate = with the=20 President's Committee on Employment of the Handicapped in carrying = out its=20 functions.

(2) In selecting personnel to fill all positions = on the=20 President's Committee on Employment of the Handicapped, special=20 consideration shall be given to qualified handicapped individuals. =

ARCHITECTURAL AND TRANSPORTATION = BARRIERS=20 COMPLIANCE BOARD

SEC. 502. (a) There is established within the = Federal=20 Government the Architectural and Transportation Barriers = Compliance Board=20 (hereinafter referred to as the "Board") which shall be composed = of the=20 heads of each of the following departments or agencies (or their = designees=20 whose positions are Executive Level IV or higher):

(1) Department of Health, Education, and Welfare; = (2)=20 Department of Transportation; (3) Department of Housing and Urban=20 Development; (4) Department of Labor; (5) Department of the = Interior; (6)=20 General Services Administration; (7) United States Postal Service; = and (8)=20 Veterans' Administration.

(b) It shall be the function of the Board to: (1) = insure=20 compliance with the standards prescribed by the General Services=20 Administration, the Department of Defense, and the Department of = Housing=20 and Urban Development pursuant to the Architectural Barriers ACT = of 1968=20 (Public Law 90-480), as amended by the ACT of March 5, 1970 = (Public Law=20 91-205); (2) investigate and examine alternative approaches to the = architectural, transportation, and attitudinal barriers = confronting=20 handicapped individuals, particularly with respect to public = buildings and=20 monuments, parks and parklands, public transportation (including = air,=20 water, and surface transportation whether interstate, foreign, = intrastate,=20 or local), and residential and institutional housing; (3) = determine what=20 measures are being taken by Federal, State, and local governments = and by=20 other public or nonprofit agencies to eliminate the barriers = described in=20 clause (2) of this subsection; (4) promote the use of the = International=20 Accessibility Symbol in all public facilities that are in = compliance with=20 the standards prescribed by the Administrator of the General = Services=20 Administration, the Secretary of Defense, and the Secretary of * = Housing=20 and Urban Development pursuant to the Architectural Barriers ACT = of 1968;=20 (5) make to the President and to Congress reports which shall = describe in=20 detail the results to its investigations under clauses (2) and (3) = of this=20 subsection; and (6) make to the President and to the Congress such = recommendations for legislation and administration as it deems = necessary=20 or desirable to eliminate the barriers described in clause (2) of = this=20 subsection.

(c) The Board shall also (1)(A) determine how and = to what=20 extent transportation barriers impede the mobility of handicapped=20 individuals and aged handicapped individuals and consider ways in = which=20 travel expenses in connection with transportation to and from work = for=20 handicapped individuals can be met or subsidized when such = individuals are=20 unable to use mass transit systems or need special equipment in = private=20 transportation, and (B) consider the housing needs of handicapped=20 individuals; (2) determine what measures are being taken, = especially by=20 public and other nonprofit agencies and groups having an interest = in and a=20 capacity to deal with such problems, (A) to eliminate barriers = from public=20 transportation systems (including vehicles used in such systems), = and to=20 prevent their incorporation in new or expanded transportation = systems and=20 (B) to make housing available and accessible to handicapped = individuals or=20 to meet sheltered housing needs; and (3) prepare plans and = proposals for=20 such further actions as may be necessary to the goals of adequate=20 transportation and housing for handicapped individuals, including=20 proposals for bringing together in a cooperative effort, agencies, = organizations, and groups already working toward such goals or = whose=20 cooperation is essential to effective and comprehensive action. =

(d) In carrying out its functions under this = section, the=20 Board shall conduct investigations, hold public hearings, and = issue such=20 orders as it deems necessary to insure compliance with the = provisions of=20 the Acts cited in subsection (b). The provisions of subchapter II = of=20 chapter 5, and chapter 7 of title 5, United States Code, shall = apply to=20 procedures under this section, and an order of compliance issued = by the=20 Board shall be a final order for purposes of judicial review.

(e) The Board is authorized to appoint as many = hearing=20 examiners as are necessary for proceedings required to be = conducted under=20 this section. The provisions applicable to hearing examiners = appointed=20 under section 3105 of title 5, United States Code, shall apply to = hearing=20 examiners appointed under this subsection.

(f) The departments or agencies specified in = subsection (a)=20 of this section shall make available to the Board such technical,=20 administrative, or other assistance as it may require to carry out = its=20 functions under this section, and the Board may appoint such other = advisers, technical experts, and consultants as it deems necessary = to=20 assist it in carrying out its functions under this section. = Special=20 advisory and technical experts and consultants appointed pursuant = to this=20 subsection shall, while performing their functions under this = section, be=20 entitled to receive compensation at rates fixed by the Secretary, = but not=20 exceeding the daily pay rate, for a person employed as a GS-18 = under=20 section 5332 of title 45, United States Code, including = traveltime, and=20 while serving away from their homes or regular places of business = they may=20 be allowed travel expenses, including per diem in lieu of = subsistence, as=20 authorized by section 5703 of such title 5 for persons in the = Government=20 service employed intermittently.

(g) The board shall, at the end of each fiscal = year, report=20 its activities during the preceding fiscal year to the Congress. = Such=20 report shall include an assessment of the extent of compliance = with the=20 Acts cited in subsection (b) of this section, along with a = description and=20 analysis of investigations made and actions taken by the Board, = and the=20 reports and recommendations described in clauses (5) and (6) of = subsection=20 (b) of this section. The Board shall prepare two final reports of = its=20 activities under subsection (c). One such report shall be on its=20 activities in the field of transportation barriers to handicapped=20 individuals, and the other such report shall be on its activities = in the=20 field of the housing needs of handicapped individuals. The Board = shall,=20 prior to January 1, 1975, submit each such report, together with = its=20 recommendations, to the President and the Congress. The Board = shall also=20 prepare for such submission an interim report of its activities in = each=20 such * field within 18 months after the date of enactment of this = ACT.=20

(h) There are authorized to be appropriated for = the purpose=20 of carrying out the duties and functions of the Board under this = section=20 $1,000,000 each for each fiscal years ending June 30, 1974, and = June 30,=20 1975.

EMPLOYMENT UNDER FEDERAL = CONTRACTS

SEC. 503. (a) Any contract in excess of $2,500 = entered into=20 by any Federal department or agency for the procurement of = personal=20 property and nonpersonal services (including construction) for the = United=20 States shall contain a provision requiring that, in employing = persons to=20 carry out such contract the party contracting with the United = States shall=20 take affirmative action to employ and advance in employment = qualified=20 handicapped individuals as defined in section 7(6). The provisions = of this=20 section shall apply to any subcontract in excess of $2,500 entered = into by=20 a prime contractor in carrying out any contract for the = procurement of=20 personal property and nonpersonal services (including = construction) for=20 the United States. The President shall implement the provisions of = this=20 section by promulgating regulations within ninety days after the = date of=20 enactment of this section.

(b) If any handicapped individual believes any = contractor=20 has failed or refuses to comply with the provisions of his = contract with=20 the United States, relating to employment of handicapped = individuals, such=20 individual may file a complaint with the Department of Labor. The=20 Department shall promptly investigate such complaint and shall = take such=20 action thereon as the facts and circumstances warrant, consistent = with the=20 terms of such contract and the laws and regulations applicable = thereto.=20

(c) The requirements of this section may be = waived, in whole=20 or in part, by the President with respect to a particular contract = or=20 subcontract, in accordance with guidelines set forth in = regulations which=20 he shall prescribed, when he determines that special circumstances = in the=20 national interest so require and states in writing his reasons for = such=20 determination.

NONDISCRIMINATION UNDER FEDERAL = GRANTS

SEC. 504. No otherwise qualified handicapped = individual in=20 the United States, as defined in section 7(6), shall, solely by = reason of=20 his handicap, be excluded from the participation in, be denied the = benefits of, or be subjected to discrimination under any program = or=20 activity receiving Federal financial assistance.

Approved September 26, 1973.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 93-244 (Comm. on Education and = Labor) and=20 No. 93-500 (Comm. of Conference). SENATE REPORTS: No. 93-318 = accompanying=20 S. 1875 (Comm. on Labor and Public Welfare) and No. 93-391 (Comm. = of=20 Conference). CONGRESSIONAL RECORD, Vol. 119 (1973): June 5, = considered and=20 passed House. July 18, considered and passed Senate, amended, in = lieu of=20 S. 1875. Sept. 13, Senate agreed to conference report. Sept. 18, = House=20 agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL = DOCUMENTS,=20 Vol. 9, No. 39: Sept. 26, Presidential statement.=20