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H.R. 8070 (93rd): Rehabilitation Act

The text of the bill below is as of Sep 26, 1973 (Passed Congress).


87 STAT. ]       PUBLIC LAW 93-112-SEPT. 26, 1973                                                  355

   "(e) If the High Commissioner does not concur in the taking of
an appeal to the Secretary, the party aggrieved may seek relief by
suit in the District Court of Guam, if the claim is otherwise within
its jurisdiction. No later than thirty days following the date of the
decision of the Secretary of the Interior, the party aggrieved or the
High Commissioner, on behalf of the head of the department con-
cerned, may seek relief by suit in the District Court of Guam, if
the claim is otherwise within its jurisdiction.
   " ( f ) The government comptroller is authorized to communicate
directly wnth any person or with any department officer or person
having official relation with his office. H e may summon witnesses and
administer oaths.
   " (g) As soon after the close of each fiscal year as the accounts of said co^^mi'slio°n"/l^d
fiscal year may be examined and adjusted, the government compt^roller secretary of the
shall submit to the High Commissioner and the Secretary ^f the ^"*^"°''-
Interior an annual report of the fiscal condition of the government,
showing the receipts and disbursements of the various departments
and agencies of the government. The Secretary of the Interior shall ^ent ^7the sl^nate
submit such report along with his comments and recommendations and speaker o" the
to the President of the Senate and the Speaker of the House of House.
Representatives.
   " ( h ) The government comptroller shall make such other reports
as may be required by the High Commissioner, the Comptroller
General of the United States, or the Secretary of the Interior.
   " ( i ) The office and activities of the government comptroller pur-
suant to this section shall be subject to review by the Comptroller
General of the United States, and reports thereon shall be made by
him to the High Commissioner, the Secretary of the Interior, the
President of the Senate and the Speaker of the House of
Representatives.
   "(j) All departments, agencies, and establishments shall furnish a^^^^ia™^*t°_"'
to the government comptroller such information regarding the
powers, duties, activities, organization, financial transactions, and
methods of business of their respective offices as he may from time
to time require of them; and the government comptroller, or any of
his assistants or employees, when duly authorized by him, shall, for
the purpose of securing such information, have access to and the
right to examine any books, documents, papers, or records of any
such department, agency, or establishment."

   Approved September 2 1 , 1973.

Public Law 93-112
                                     AN A C T                                        September 26, 1973
                                                                                        fH R 80701
 To replace the Vocational Rehabilitation Act, to extend and revise the authoriza-      *• '   '   -'
   tion of grants to States for vocational rehabilitation services, with special
   emphasis on services to those with the most severe handicaps, to expand special
   Federal responsibilities and research and training programs with respect to
   handicapped individuals, to establish special responsibilities in the Secretary
   of Health, Education, and Welfare for coordination of all programs with
   respect to handicapped individuals within the Department of Health, Educa-
   tion, and Welfare, and for other purposes.
   Be it enacted hy the Senate and House of Representatives of the
 United States of America in Congress assembled^ That this Act, with A^^<^/^97'3^*'°"
the following table of contents, may be cited as the "Rehabilitation
Act of 1973":

356 PUBLIC LAW 93-112-SEPT. 26, 1973 [87 STAT. TABLE OF CONTENTS Sec. 2. Declaration of purpose. Sec. 3. Rehabilitation Services Administration. Sec. 4. Advance funding. Sec. 5. J o i n t funding. Sec. 6. Consolidated rehabilitation plan. Sec. 7. Definitions. Sec. 8. Allotment percentage. Sec. 9. Audit. Sec. 10. Nonduplication. T I T L E I—VOCATIONAL R E H A B I L I T A T I O N S E R V I C E S PART A — G E N E R A L PROVISIONS Sec. 100. Declaration of p u r p o s e ; authorization of appropriations. Sec. 101. State plans. Sec. 102. Individualized written rehabilitation program. Sec. 103. Scope of vocational rehabilitation services. Sec. 104. Non-Federal share for construction. PART B — B A S I C VOCATIONAL REHABILITATION SERVICES Sec. 110. State allotments. Sec. 111. P a y m e n t s to States. Sec. 112. Client assistance. PART C — I N N O V A T I O N AND E X P A N S I O N GRANTS Sec. 120. State allotments. Sec. 121. P a y m e n t s to States. PART D — C O M P R E H E N S I V E SERVICE NEEDS Sec. 130. Special study. T I T L E I I — R E S E A R C H AND T R A I N I N G Sec. 200. Declaration of purpose. Sec. 201. Authorization of appropriations. Sec. 202. Research. Sec. 203. Training. Sec. 204. Reports. TITLE III—SPECIAL FEDERAL RESPONSIBILITIES Sec. 300. Declaration of purpose. Sec. 301. G r a n t s for construction of rehabilitation facilities. Sec. 302. Vocational t r a i n i n g services for handicapped individuals. Sec. 303. Mortgage insurance for rehabilitation facilities. Sec, 304. Special projects and demonstrations. Sec. 305. National Center for Deaf-Blind Youths a n d Adults. Sec. 306. General g r a n t a n d contract requirements. T I T L E I V — A D M I N I S T R A T I O N AND PROGRAM AND P R O J E C T EVALUATION Sec. 400. Administration. Sec. 401. P r o g r a m a n d project evaluation. Sec. 402. Obtaining information from F e d e r a l agencies. Sec. 403. Authorization of appropriations. Sec. 404. Reports. Sec. 405. Secretarial responsibility. Sec. 406. Sheltered workshop study. Sec. 407. State allocation study. T I T L E V—MISCELLANEOUS Sec. 500. Effect on existing laws. Sec. 501. Employment of handicapped individuals. Sec. 502. Architectural and T r a n s p o r t a t i o n B a r r i e r s Compliance Board. Sec. 503. Employment under Federal contracts. Sec. 504. Nondiscrimination under Federal g r a n t s .
87 STAT. ] PUBLIC LAW 93-112-SEPT. 26, 1973 357 DECLARATION OF PURPOSE SEC. 2. The purpose of this Act is to provide a statutory basis for the Rehabilitation Services Administration, and to authorize programs to— (1) develop and implement comprehensive and continuing State plans for meeting the current and future needs for providing vocational rehabilitation services to handicapped individuals and to provide such services for the benefit of such individuals, serving jfirst those with the most severe handicaps, so that they may pre- pare for and engage in gainful employment; (2) evaluate the rehabilitation potential of handicapped individuals; (3) conduct a study to develop methods of providing rehabili- tation services to meet the current and future needs of handicapped individuals for whom a vocational goal is not possible or feasible so that they may improve their ability to live with greater inde- pendence and self-sufficiency; (4) assist in the construction and improvement of rehabilitation facilities; (5) develop new and innovative methods of applying the most advanced medical technology, scientific achievement, and psycho- logical and social knowledge to solve rehabilitation problems and develop new and innovative methods of providing rehabilitation services to handicapped individuals through research, special projects, and demonstrations; (6) initiate and expand services to groups of handicapped indi- viduals (including those who are homebound or institutionalized) who have been underserved in the past; (7) conduct various studies and experiments to focus on long neglected problem areas; (8) promote and expand employment opportunities in the public and private sectors for handicapped individuals and to place such individuals in employment; (9) establish client assistance pilot projects; (10) provide assistance for the purpose of increasing the num- ber of rehabilitation personnel and increasing their skills through training; and (11) evaluate existing approaches to architectural and trans- portation barriers confronting handicapped individuals, develop new such approaches, enforce statutory and regulatory standards and requirements regarding barrier-free construction of public facilities and study and develop solutions to existing architectural and transportation barriers impeding handicapped individuals. REHABILITATION SERVICES ADMINISTRATION SEC. 3. (a) There is established in the Department of Health, Educa- Establishment. tion, and Welfare a Rehabilitation Services Administration which
358 PUBLIC LAW 93-112-SEPT. 26, 1973 [87 STAT. shall be headed by a Commissioner (hereinafter in this Act referred to as the "Commissioner") appointed by the President. Except for titles Post, p p . 385, 390. I V and V and as otherwise specifically provided in this Act, such Administration shall be the principal agency for carrying out this Act. Delegation of functions, s u b - The Secretary shall not approve any delegation of the functions of the mittal of plan to Commissioner to any other officer not directly responsible to the Com- Congress. missioner unless the Secretary shall first submit a plan for such delega- tion to the Congress. Such delegation is eflfective at the end of the first period of sixty calendar days of continuous session of Congress after the date on which the plan for such delegation is transmitted to i t : Provided, however, That within thirty days of such transmittal, the Secretary shall consult with the Committee on Labor and Public Wel- fare of the Senate and the Committee on Education and Labor of the House of Representatives respecting such proposed delegation. For the purposes of this section, continuity of session is broken only by an adjournment of Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the thirty-day and sixty-day periods. R e s e a r c h , co- ordination and (b) The Secretary, through the Commissioner in coordination with consultation. other appropriate programs in the Department of Health, Education, and Welfare, in carrying out research under this Act shall establish the expertise and technological competence to, and shall, in consulta- tion with, the National Science Foundation and the National Academy of Sciences develop and support, and stimulate the development and utilization (including production and distribution of new and existing devices) of, innovative methods of applying advanced medical tech- nology, scientific achievement, and psychological and social knowledge to solve rehabilitation problems, and be responsible for carrying out Post, p . 375. the activities described in section 202 ( b ) ( 2 ) . (c) The Secretary shall take whatever action is necessary to insure that funds appropriated pursuant to this Act, as well as unexpended appropriations for carrying out the Vocational Rehabilitation Act (29 68 Stat. 652. U.S.C. 31-42), are expended only for the programs, personnel, and administration of programs carried out under this Act. ADVANCE FUNDING SEC. 4. (a) For the purpose of affording adequate notice of funding available under this Act, appropriations under this Act are authorized to be included in the appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation. (b) I n order to effect a transition to the advance funding method of timing appropriation action, the authority provided by subsection (a) of this section shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year.
87 STAT. ] PUBLIC LAW 93-112-SEPT. 26, 1973 359 JOINT FUNDING SEC. 5. Pursuant to regulations prescribed by the President, and to the extent consistent with the other provisions of this Act, where funds are provided for a single project by more than one Federal agency to an agency or organization assisted under this Act, the Federal agency principally involved may be designated to act for all in administering the funds provided, and, in such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each agency. When the principal agency involved is the Rehabilitation Services Administration, it may waive any grant or contract requirement (as defined by such regulations) under or pur- suant to any law other than this Act, which requirement is inconsistent with the similar requirements of the administering agency under or pursuant to this Act. CONSOLIDATED REHABILITATION PLAN Election by SEC. 6. (a) I n order to secure increased flexibility to respond to the State; agency varying needs and local conditions within the State, and in order to concurrence. permit more effective and interrelated planning and operation of its rehabilitation programs, the State may submit a consolidated rehabili- tation plan which includes the State's plan under section 101 (a) of this Act and its program for persons with developmental disabilities under Post, p. 363. the Developmental Disabilities Services and Facilities Construction Amendments of 1970: Provided^ That the agency administering such 84 Stat. 1316. 42 u s e 2670 State's program under such Act concurs in the submission of such a note. consolidated rehabilitation plan. (b) Such a consolidated rehabilitation plan must comply with, and be administered in accordance with, all the requirements of this Act and the Developmental Disabilities Services and Facilities Construc- tion Amendments of 1970. If the Secretary finds that all such require- ments are satisfied, he may approve the plan to serve in all respects as the substitute for the separate plans which would otherwise be required with respect to each of the programs included therein, or he may advise the State to submit separate plans for such programs. (c) Findings of noncompliance in the administration of an Noncompliance. approved consolidated rehabilitation plan, and any reductions, suspen- sions, or terminations of assistance as a result thereof, shall be carried out in accordance with the procedures set forth in subsections (c) 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 build- ings, the acquisition, expansion, remodeling, alteration, and renovation of existing buildings, and initial equipment of such buildings, and the term "cost of construction" includes architects' fees and acquisition of land in connection with construction but does not include the cost of offsite improvements. (2) The term "criminal act" means any crime, including an act, omission, or possession under the laws of the United States or a State or unit of general local government which poses a substantial threat of personal injury, notwithstanding that by reason of age, insanity, intoxication or otherwise the person engaging in the act, omission, or possession was legally incapable of committing a crime.
360 PUBLIC LAW 93-112-SEPT. 26, 1973 [87 STAT. (3) The term "establishment of a rehabilitation facility" means the acquisition, expansion, remodeling, or alteration of existing buildings necessary to adapt them to rehabilitation facility purposes or to increase their effectiveness for such purposes (subject, however, to such limitations as the Secretary may determine, in accordance with regula- tions he shall prescribe, in order to prevent impairment of the objec- tives of, or duplication of, other Federal laws providing Federal assistance in the construction of such facilities), and the initial equip- ment for such buildings, and may include the initial staffing thereof. (4) The term "evaluation of rehabilitation potential" means, as appropriate in each case: (A) a preliminary diagnostic study to determine that the indi- vidual has a substantial handicap to employment, and that voca- tional rehabilitation services are needed ; (B) a diagnostic study consisting of a comprehensive evalua- tion of pertinent medical, psychological, vocational, educational, cultural, social, and environmental factors which bear on the individual's handicap to employment and rehabilitation potential including, to the degree needed, an evaluation of the individual's personality, intelligence level, educational achievements, work experience, vocational aptitudes and interests, personal and social adjustments, employment opportunities, and other pertinent data helpful in determining the nature and scope of services needed; (C) an appraisal of the individual's patterns of work behavior and ability to acquire occupational skill, and to develop work atti- tudes, work habits, work tolerance, and social and behavior pat- terns suitable for successful job performance, including the utilization of work, simulated or real, to assess and develop the individual's capacities to perform adequately in a work environment; (D) any other goods or services provided for the purpose of ascertaining the nature of the handicap and whether it may rea- sonably be expected that the individual can benefit from vocational rehabilitation services; ( E ) referral; ( F ) the administration of these evaluation services; and (G) (i) the provision of vocational rehabilitation services to any individual for a total period not in excess of eighteen months for the purpose of determining whether such individual is a han- dicapped individual, a handicapped individual for whom a voca- tional goal is not possible or feasible (as determined in accordance Post, p. 36S. with section 102(c)), or neither such individual; and (ii) an assessment, at least once in every ninety-day period during which such services are provided, of the results of the provision of such services to an individual to ascertain whether any of the determi- nations described in subclause (i) may be made. (5) The term "Federal share" means 80 per centum, except that it shall mean 90 per centum for the purposes of part C of title I of this Post, pp. 372, Act and as specifically set forth in section 301 (b) (3) : Provided, That ^^p'ost, p. 370. with respect to payments pursuant to part B of title I of this Act to any State which are used to meet the costs of construction of those Post, p. 368. rehabilitation facilities identified in section 103(b) (2) in such State, the Federal share shall be the percentages determined in accordance with the provisions of section 301(b)(3) applicable with respect to that State and that, for the purpose of determining the non-Federal share with respect to any State, expenditures by a political subdivision thereof or by a local agency shall, subject to such limitations and con ditions as the Secretary shall by regulation prescribe, be regarded af expenditures by such State.
87 STAT. ] PUBLIC LAW 93-U2-SEPT. 26, 1973 361 (6) The term "handicapped individual" means any individual who (A) has a physical or mental disability which for such individual constitutes or results in a substantial handicap to employment and (B) can reasonably be expected to benefit in terms of employability from vocational rehabilitation services provided pursuant to titles I and I I I of t h i s A c t . _ 3^^°*^' pp- 363, (7) The term "local agency" means an agency of a unit of general local government or of an Indian tribal organization (or combination of such units or organizations) which has an agreement with the State agency designated pursuant to section 101(a) (1) to conduct a voca- ^°®'' P- 363. tional rehabilitation program under the supervision of such State agency in accordance with the State plan approved under section 101. Nothing in the preceding sentence of this paragraph or in section 101 shall be construed to prevent the local agency from utilizing another local public or nonprofit agency to provide vocational rehabilitation services: Provided^ That such an arrangement is made part of the agreement specified in this paragraph. (8) The term "nonprofit", when used with respect to a rehabilita- tion facility, means a rehabilitation facility owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or indi- vidual and the income of which is exempt from taxation under section 501 (c) (3) of the Internal Revenue Code of 1954. 68A stat. lea. (9) The term "public safety officer" means a person serving the 26 u s e 501. United States or a State or unit of general local government, with or without compensation, in any activity pertaining to— (A) the enforcement of the criminal laws, including highway patrol, or the maintenance of civil peace by the National Guard or the Armed Forces, (B) a correctional program, facility, or institution where the activity is potentially dangerous because of contact with criminal suspects, defendants, prisoners, probationers, or parolees, (C) a court having criminal or juvenile delinquent jurisdiction where the activity is potentially dangerous because of contact with criminal suspects, defendants, prisoners, probationers, or parolees, or (D) firefighting, fire prevention, or emergency rescue missions. (10) The term "rehabilitation facility" means a facility which is operated for the primary purpose of providing vocational rehabilita- tion services to handicapped individuals, and which provides singly or in combination one or more of the following services for handicapped individuals: (A) vocational rehabilitation services which shall include, under one management, medical, psychological, social, and vocational services, (B) testing, fitting, or training in the use of prosthetic and orthotic devices, (C) pre vocational conditioning or recreational ther- apy, (D) physical and occupational therapy, ( E ) speech and hearing therapy, ( F ) psychological and social services, (G) evaluation of rehabilitation potential, ( H ) personal and work adjustment, ( I ) vocational training with a view toward career advancement (in com- bination with other rehabilitation services), ( J ) evaluation or control of specific disabilities, ( K ) orientation and mobility services to the blind, and (L) extended employment for those handicapped individ- uals who cannot be readily absorbed in the competitive labor market, except that all medical and related health services must be prescribed by, or under the formal supervision of, persons licensed to prescribe or supervise the provision of such services in the State. (11) The term "Secretary", except when the context otherwise requires, means the Secretary of Health, Education, and Welfare.
362 PUBLIC LAW 93-112-SEPT. 26, 1973 [87 STAT. (12) The term "severe handicap" means the disability which requires multiple services over an extended period of time and results from amputation, blindness, cancer, cerebral palsy, cystic fibrosis, deaf- ness, heart disease, hemiplegia, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, neurological disorders (includ- ing stroke and epilepsy), paraplegia, quadriplegia and other spinal cord conditions, renal failure, respiratory or pulmonary dysfunction, and any other disability specified by the Secretary in regulations he shall prescribe. (13) The term "State" includes the District of Columbia, the Virgin Islands, Puerto Rico, Guam, American Samoa, and the Trust Terri- tory of the Pacific Islands, and for the purposes of American Samoa and the Trust Territory of the Pacific Islands, the appropriate State Post, p . 363, agency designated as provided in section 101(a) (1) shall be the Gov- ernor of American Samoa or the High Commissioner of the Trust Territory of the Pacific Islands, as the case may be. (14) The term "vocational rehabilitation services" means those Post, p . 368. services identified in section 103 which are provided to handicapped individuals under this Act. ALLOTMENT PERCENTAGE SEC. 8. (a) (1) The allotment percentage for any State shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States, except that (A) the allotment percentage shall in no case be more than 75 per centum or less than 33% per centum, and (B) the allotment percentage for the District of Colum- bia, Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands shall be 75 per centum. Promulgation, (2) The allotment percentages shall be promulgated by the Secre- computation. tary between July 1 and September 30 of each even-numbered year, on the basis of the average of the per capita incomes of the States and of the United States for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning on the July 1 next succeeding such promulgation. "United (3) The term "United States" means (but only for purposes of this States." subsection) the fifty States and the District of Columbia. Population (b) The population of the several States and of the United States determination. shall be determined on the basis of the most recent data available, to be furnished by the Department of Commerce by October 1 of the year preceding the fiscal year for which funds are appropriated pursuant to statutory authorizations. AUDIT SEC. 9. Each recipient of a grant or contract under this Act shall keep such records as the Secretary may prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant or contract, the total cost of the project or undertaking in connection with which such grant or contract is made or funds thereunder used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such records as will facilitate an effective audit. The Secretary and the Comptroller General of the United States, or any of their duly authorized repre- sentatives, shall have access for the purpose of audit and examina- tion to any books, documents, papers, and records of the recipient of any grant or contract under this Act which are pertinent to such grant or contract.
87 STAT. ] PUBLIC LAW 93-112-SEPT. 26,1973 363 NONDUPLICATIOX SEC. 10. In determining the amount of any State's Federal share of expenditures for planning, administration, and services incurred by it under a State plan approved in accordance with section 101, there Infra, shall be disregarded (1) any portion of such expenditures which are financed-by Federal funds provided under any other provision of law, and (2) the amount of any non-Federal funds required to be expended as a condition of receipt of such Federal funds. No payment may be Prohibition, made from funds provided under one provision of this Act relating to any cost with respect to which any payment is made under any other provision of this Act. T I T L E I—VOCATIONAL E E H A B I L I T A T I O N S E R V I C E S PART A—GENERAL PROVISIONS DECLARATION OF P U R P O S E ; A U T H O R I Z A T I O N OF APPROPRIATIONS SEC. 100. (a) The purpose of this title is to authorize grants to assist F e d e r a l grsmts. States to meet the current and future needs of handicapped individ- uals, so that such individuals may prepare for and engage in gainful employment to the extent of their capabilities. (b) (1) For the purpose of making grants to States under part B of this title to assist them in meeting costs of vocational rehabilitation services provided in accordance with State plans under section 101, there is authorized to be appropriated $650,000,000 for the fiscal year ending June 30, 1974, and $680,000,000 for the fiscal year ending June 30, 1975. (2) For the purpose of carrying out part C of this title (relating to grants to States and public and nonprofit agencies to assist them in meeting the cost of projects to initiate or expand services to handi- capped individuals, especially those with the most severe handicaps) and part D of this title (relating to the study of comprehensive service needs of individuals with the most severe handicaps), there is author- ized to be appropriated $37,000,000 for the fiscal year ending June 30, 1974, and $39,000,000 for the fiscal year ending June 30,1975, and there is further authorized to be appropriated for such purposes for each such year such additional sums as the Congress may determine to be necessary. Of the sums appropriated under this paragraph for each such fiscal year, $1,000,000 in each such year shall be available only for the purpose of carrying out P a r t D of this title. STATE P L A N S SEC. 101. (a) For each fiscal year in which a State desires to par- ticipate in programs under this title, a State shall submit to the Secre- tary for his approval an annual plan for vocational rehabilitation services which shall— (1) (A) designate a State agency as the sole State agency to Sta te agency for plan administra- administer the plan, or to supervise its administration by a local tion. d e s i g n a t i o n . agency, except that (i) where under the State's law the State agency for the blind or other agency which provides assistance or services to the adult blind, is authorized to provide vocational rehabilitation services to such individuals, such agency may be designated as the sole State agency to administer the part of the plan under which vocational rehabilitation services are provided for the blind (or to supervise the administration of such part by
364 PUBLIC LAW 93-112~SEPT. 26, 1973 [87 STAT. a local agency) and a separate State agency may be designated as the sole State agency with respect to the rest of the State plan, and (ii) the Secretary, upon the request of a State, may authorize such agency to share funding and administrative responsibility with another agency of the State or with a local agency in order to permit such agencies to carry out a joint program to provide Waiver authority, services to handicapped individuals, and may waive compliance with respect to vocational rehabilitation services furnished under such programs with the requirement of clause (4) of this sub- section that the plan be in effect in all political subdivisions of that State; (B) provide that the State agency so designated to administer or supervise the administration of the State plan, or (if there are two State agencies designated under subclause (A) of this clause) to supervise or administer the part of the State plan that does not relate to services for the blind, shall be (i) a State agency pri- marily concerned with vocational rehabilitation, or vocational and other rehabilitation, of handicapped individuals, (ii) the State agency administering or supervising the administration of educa- tion or vocational education in the State, or (iii) a State agency which includes at least two other major organizational units each of which administers one or more of the major public education, public health, public welfare, or labor programs of the State; (2) provide, except in the case of agencies described in clause (l)(B)(i)- ^ . State rehabili' tation bureau, (A) that the State agency designated pursuant to para- director, staff. graph (1) (or each State agency if two are so designated) shall include a vocational rehabilitation bureau, division, or other organizational unit which (i) is primarily concerned with vocational rehabilitation, or vocational and other reha- bilitation, of handicapped individuals, and is responsible for the vocational rehabilitation program of such State agency, (ii) has a full-time director, and (iii) has a staff employed on such rehabilitation work of such organizational unit all or substantially all of whom are employed full time on such work; and (B) (i) that such unit shall be located at an organizational level and shall have an organizational status within such State agency comparable to that of other major organizational units of such agency, or (ii) in the case of an agency described in clause (1) (B) (ii), either that such unit shall be so located and have such status, or that the director of such unit shall be the executive officer of such State agency; except that, in the case of a State which has designated only one State agency pur- suant to clause (1) of this subsection, such State may, if it so desires, assign responsibility for the part of the plan under which vocational rehabilitation services are provided for the blind to one organizational unit of such agency, and assign responsibility for the rest of the plan to another organiza- tional unit of such agency, with the provisions of this clause applying separately to each of such units; State financial (3) provide for financial participation by the State, or if the participation. State so elects, by the State and local agencies to meet the amount of the non-Federal share; Political sub- d i v i s i o n s , partici- (4) provide that the plan shall be in effect in all political sub- pation, waiver. divisions, except that in the case of any activity which, in the judgment of the Secretary, is likely to assist in promoting the voca- tional rehabilitation of substantially larger numbers of handi-
87 STAT. ] PUBLIC LAW 93-112-SEPT. 26, 1973 365 capped individuals or groups of handicapped individuals the Secretary may waive compliance with the requirement herein that the plan be in effect in all political subdivisions of the State to the extent and for such period as may be provided in accordance with regulations prescribed by him, but only if the non-Federal share of the cost of such vocational rehabilitation services is met from funds made available by a local agency (including, to the extent permitted by such regulations, funds contributed to such agency by a private agency, organization, or individual); (5) (A) contain the plans, policies, and methods to be followed in carrying out the State plan and in its administration and super- vision, including a description of the method to be used to expand and improve services to handicapped individuals with the most severe handicaps; and, in the eYent that vocational rehabilitation services cannot be provided to all eligible handicapped individuals who apply for such services, show (i) the order to be followed in selecting individuals to whom vocational rehabilitation services will be provided, and (ii) the outcomes and service goals, and the time within which they may be achieved, for the rehabilitation of such individuals, which order of selection for the provision of vocational rehabilitation services shall be determined on the basis of serving first those individuals with the most severe handicaps and shall be consistent with priorities in such order of selection so determined, and outcome and service goals for serving handi- capped individuals, established in regulations prescribed by the Secretary; and (B) provide satisfactory assurances to the Secretary that the State has studied and considered a broad variety of means for pro- viding services to individuals with the most severe handicaps ; (6) provide for such methods of administration, other than methods relating to the establishment and maintenance of person- nel standards, as are found by the Secretary to be necessary for the proper and efficient administration of the plan; (7) contain (A) provisions relating to the establishment and maintenance of personnel standards, which are consistent with any State licensure laws and regulations, including provisions relating to the tenure, selection, appointment, and qualifications of personnel, and (B) provisions relating to the establishment and maintenance of minimum standards governing the facilities and personnel utilized in the provision of vocational rehabilitation services, but the Secretary shall exercise no authority with respect to the selection, method of selection, tenure of office, or compensa- tion of any individual employed in accordance with such provision; (8) provide, at a minimum, for the provision of the vocational rehabilitation services specified in clauses (1) through (3) of sub- section (a) of section 103, and the remainder of such services specified in such section after full consideration of eligibility for similar benefits under any other program, except that, in the case of the vocational rehabilitation services specified in clauses (4) and (5) of subsection (a) of such section, such consideration shall not be required where it would delay the provision of such serv- ices to any individual; (9) provide that (A) an individualized written rehabilitation individualized program meeting the requirements of section 102 will be devel- uo"program^"''^' oped for each handicapped individual eligible for vocational rehabilitation services under this Act, (B) such services will be
366 PUBLIC LAW 93-112-SEPT. 26, 1973 [87 STAT.' provided under the plan in accordance with such program, and (C) records of the characteristics of each applicant will be kept specifying, as to those individuals who apply for services under this title and are determined not to be eligible therefor, the reasons for such determinations; Reports. (10) provide that the State agency will make such reports in such form, containing such information (including the data described in subclause (C) of clause (9) of this subsection, periodic estimates of the population of handicapped individuals eligible for services under this Act in such State, specifications of the number of such individuals who will be served with funds pro- vided under this Act and the outcomes and service goals to be achieved for such individuals in each priority category specified in accordance with clause (5) of this subsection, and the service costs for each such category), and at such time as the Secretary may require to carry out his functions under this title, and com- ply with such provisions as he may find necessary to assure the correctness and verification of such reports; Intergovern- (11) provide for entering into cooperative arrangements with, mental cooper- ation. and the utilization of the services and facilities of, the State agen- cies administering the State's public assistance programs, other programs for handicapped individuals, veterans programs, man- power programs, and public employment offices, and the Social Security Administration of the Department of Health, Educa- tion, and Welfare, the Veterans' Administration, and other Fed- eral, State, and local public agencies providing services related to the rehabilitation of handicapped individuals; Community r e - (12) provide satisfactory assurances to the Secretary that, in sources, utiliza- tion. the provision of vocational rehabilitation services, maximum utilization shall be made of public or other vocational or technical training facilities or other appropriate resources in the community; Disabled F e d e r a l employ- (13) (A) provide that vocational rehabilitation services pro- ees. vided under the State plan shall be available to any civil employee of the United States disabled while in the performance of his duty on the same terms and conditions as apply to other persons, and D i s a b l e d public (B) provide that special consideration will be given to the safety officers. rehabilitation under this Act of a handicapped individual whose handicapping condition arises from a disability sustained in the line of duty while such individual was performing as a public safety officer and the proximate cause of such disability was a criminal act, apparent criminal act, or a hazardous condition resulting directly from the officer's performance of duties in direct connection with the enforcement, execution, and adminis- tration of law or fire prevention, firefighting, or related public safety activities; Residence re- (14) provide that no residence requirement will be imposed quirement, pro- hibition. which excludes from services under the plan any individual who is present in the State; Continuing studies. (15) provide for continuing statewide studies of the needs of handicapped individuals and how these needs may be most effectively met (including the State's needs for rehabilitation facilities) with a view toward the relative need for services to significant segments of the population of handicapped individuals and the need for expansion of services to those individuals with the most severe handicaps; r - . v ,.-c
87 STAT. ] PUBLIC LAW 93-112-SEPT. 26, 1973 367 Employment (16) provide for (A) periodic review and reevaluation of the review and r e e v a l - status of handicapped individuals placed in extended employment uation. in rehabilitation facilities (including workshops) to determine the feasibility of their employment, or training for employment, in the competitive labor market, and (B) maximum efforts to place such individuals in such employment or training whenever it is determined to be feasible; (17) provide that where such State plan includes provisions State f a c i l i t i e s , construction <;Ost£ for the construction of rehabilitation facilities— Federal share. (A) the Federal share of the cost of construction thereof for a fiscal year will not exceed an amount equal to 10 per centum of the State's allotment for such year, Post. p . 384. (B) the provisions of section 306 shall be applicable to such construction and such provisions shall be deemed to apply to such construction, and (C) there shall be compliance with regulations the Secre- tary shall prescribe designed to assure that no State will reduce its efforts in providing other vocational rehabilitation services (other than for the establishment of rehabilitation facilities) because its plan includes such provisions for construction ; (18) provide satisfactory assurances to the Secretary that the Policy plan- ning, trainee State agency designated pursuant to clause (1) (or each State participation. agency if two are so designated) and any sole local agency administering the plan in a political subdivision of the State will take into account, in connection with matters of general policy arising in the administration of the plan, the views of individuals and groups thereof who are recipients of vocational rehabilitation services (or, in appropriate cases, their parents or guardians), working in the field of vocational rehabilitation, and providers of vocational rehabilitation services; and (19) provide satisfactory assurances to the Secretary that the continuing studies required under clause (15) of this subsection, as well as an annual evaluation of the effectiveness of the program in meeting the goals and priorities set forth in the plan, will form the basis for the submission, from time to time as the Secretary may require, of appropriate amendments to the plan. (b) The Secretary shall approve any plan which he finds fulfills the Plan disap- proval, hearing conditions specified in subsection (a) of this section, and he shall dis- opportunity. approve any plan which does not fulfill such conditions. Prior to such disapproval, the Secretary shall notify a State of his intention to dis- approve its plan, and he shall afford such State reasonable notice and opportunity for hearing. (c) Whenever the Secretary, after reasonable notice and opportu- Noncompliance, payment limita- nity for hearing to the State agency administering or supervising the tion. administration of the State plan approved under this section, finds that— (1) the plan has been so changed that it no longer complies with the requirements of subsection (a) of this section; or (2) in the administration of the plan there is a failure to comply substantially with any provision of such plan, the Secretary shall notify such State agency that no further payments will be made to the State under this title (or, in his discretion, that such further payments will be reduced, in accordance with regulations the Secretary shall prescribe, or that further payments will not be made to the State only for the projects under the parts of the State plan affected by such failure), until he is satisfied there is no longer
368 PUBLIC LAW 93-112-SEPT. 26, 1973 [87 STAT. any such failure. Until he is so satisfied, the Secretary shall make no further payments to such State under this title (or shall limit pay- ments to projects under those parts of the State plan in which there is no such failure). Judicial review. (d) If any State is dissatisfied with the Secretary's action under sub- section (b) or (c) of this section, such State may appeal to the United States district court for the district where the capital of such State is located and judicial review of such action shall be on the record in accordance with the provisions of chapter 7 of title 5, United States 5 u s e 701. Code. INDIVIDUALIZED WRITTEN REHABILITATION PROGRAM SEC. 102. (a) The Secretary shall insure that the individualized w^ritten rehabilitation program required by section 101(a) (9) in the case of each handicapped individual is developed jointly by the voca- tional rehabilitation counselor or coordinator and the handicapped individual (or, in appropriate cases, his parents or guardians), and that such program meets the requirements set forth in subsection (b) of this section. Such written program shall set forth the terms and conditions, as well as the rights and remedies, under which goods and services will be provided to the individual. Annual review. (b) Each individualized written rehabilitation program shall be reviewed on an annual basis at which time each such individual (or, in appropriate cases, his parents or guardians) will be afforded an oppor- tunity to review such program and jointly redevelop its terms. Such program shall include, but not be limited to (1) a statement of long-range rehabilitation goals for the individual and intermediate rehabilitation objectives related to the attainment of such goals, (2) a statement of the specific vocational rehabilitation services to be pro- vided, (3) the projected date for the initiation and the anticipated duration of each such service, (4) objective criteria and an evaluation procedure and schedule for determining whether such objectives and goals are being achieved, and, (5) where appropriate, a detailed expla- nation of the availability of a client assistance project established in such area pursuant to section 112. Ineligibility. (c) The Secretary shall also insure that (1) in developing and carrying out individualized written rehabilitation program required by section 101 in the case of each handicapped individual primary emphasis is placed upon the determination and achievement of a voca- tional goal for such individual, (2) a decision that such an individual is not capable of achieving such a goal and thus not eligible for voca- tional rehabilitation services provided with assistance under this part, is made only in full consultation with such individual (or, in appro- priate cases, his parents or guardians), and only upon the certification, as an amendment to such written program, that the evaluation of reha- bilitation potential has demonstrated beyond any reasonable doubt that such individual is not then capable of achieving such a goal, and (3) any such decision shall be reviewed at least annually in accordance with the procedure and criteria established in this section. SCOPE o r VOCATIONAL REHABILITATION SERVICES SEC. 103. (a) Vocational rehabilitation services provided under this Act are any goods or services necessary to render a handicapped indi- vidual employable, including, but not limited to, the following: (1) evaluation of rehabilitation potential, including diagnostic and related services, incidental to the determination of eligibility for, and the nature and scope of, services to be provided, including,
87 STAT. ] PUBLIC LAW 93-112-SEPT. 26, 1973 369 where appropriate, examination by a physician skilled in the diagnosis and treatment of emotional disorders, or by a licensed psychologist in accordance with State laws and regulations, or both; (2) counseling, guidance, referral, and placement services for handicapped individuals, including followup, follow-alon^, and other postemployment services necessary to assist such individuals to maintain their employment and services designed to help handi- capped individuals secure needed services from other agencies, w^here such services are not available under this Act; (3) vocational and other training services for handicapped individuals, which shall include personal and vocational adjust- ment, books, and other training materials, and services to the families of such individuals as are necessary to the adjustment or rehabilitation of such individuals: Provided^ That no training services in institutions of higher education shall be paid for with funds under this title unless maximum eiforts have been made to secure grant assistance, in whole or in part, from other sources to pay for such training; (4) physical and mental restoration services, including, but not limited to, (A) corrective surs:ery or therapeutic treatment neces- sarv to correct or substantially modify a physical or mental con- dition which is stable or slowly progressive and constitutes a substantial handicap to employment, but is of such nature that such correction or modification may reasonablv be expected to eliminate or substantially reduce the handicap within a reasonable length of time, (B) necessary hospitalization in connection with surgery or treatment, (C) prosthetic and orthotic devices, (D) eyeglas'-es and visual services as prescribed by a physician skilled in the diseases of the eve or bv an optometrist, whichever the indi- vidual may select, (E) special services (including transplantation and dialvsis^l. artificial kidneys, and supplies necessary for the treatment of individuals suffering from end-stage renal disease, and (F) diagnosis and treatment for mental and emotional dis- orders by a physician or licensed psychologist in accordance with State licensure laws; (5) maintenance, not exceeding the estimated cost of subsist- ence, during rehabilitation; (6) interpreter services for deaf individuals, and reader serv- ices for those individuals determined to be blind after an exami- nation by a physician skilled in the diseases of the eye or by an optometrist, whichever the individual may select; (7) recruitment and training services for handicapped individ- uals to provide them with new employment opportunities in the fields of rehabilitation, health, welfare, public safety, and law enforcement, and other appropriate service employment; (8) rehabilitation teaching services and orientation and mobil- ity services for the blind; (9) occupational licenses, tools, equipment, and initial stocks and supplies; (10) transportation in connection with the rendering of any vocational rehabilitation service; and (11) telecommunications, sensory, and other technological aids and devices. (b) Vocational rehabilitation services, when provided for the benefit of groups of individuals, may also include the following: (1) in the case of any type of small business operated by indi- viduals with the most severe handicaps the operation of which 22-150 O - 75 - 26
370 PUBLIC LAW 93-112-SEPT. 26, 1973 [87 STAT. can be improved by management services and supervision pro- vided by the State agency, the provision of such services and supervision, along or together with the acquisition by the State agency of vending facilities or other equipment and initial stocks and supplies; and (2) the construction or establishment of public or nonprofit rehabilitation facilities and the provision of other facilities and services which promise to contribute substantially to the rehabili- tation of a group of individuals but which are not related directly to the individualized rehabilitation w^ritten program of any one handicapped individual. N O X - F E D E R A L SHARE FOR CONSTRUCTION SEC. 104. F o r the purpose of determining the amount of payments to States for carrying out part B of this title, the non-Federal share, sub- ject to such limitations and conditions as may be prescribed in regu- lations by the Secretary, shall include contributions of funds made by any private agency, organization, or individual to a State or local agency to assist in meeting the costs of construction or establishment of a public or nonprofit rehabilitation facility, which would be regarded as State or local funds except for the condition, imposed by the contributor, limiting use of such funds to construction or estab- lishment of such facility. PART B — B A S I C VOCATIONAL REHABILITATION SERVICES STATE ALLOTMENTS SEC. 110. (a) For each fiscal year, each State shall be entitled to an allotment of an amount bearing the same ratio to the amount author- ized to be appropriated under subsection (b) (1) of section 100 for allotment under this section as the product of (1) the population of the State and (2) the square of its allotment percentage bears to the sum of the corresponding products for all the States. The allotment to any State (other than Guam, American Samoa, the Virgin Islands, and the Trust 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 centum of the amount appropriated under subsection (b) (1) of section 100, or $2,000,000, whichever is greater, shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the allotments to each of the remaining such States under the first sentence of this subsection, but with such adjustments as may be necessary to prevent the allotment of any such remaining States from being thereby reduced to less than that amount. Additional (b) If the payment to a State under section 111(a) for a fiscal year payments. is less than the total payments such State received under section 2 of 79 Stat. 1282. the Vocational Rehabilitation Act for the fiscal year ending June 30, 29 u s e 32. 1973, such State shall be entitled to an additional payment (subject to the same terms and conditions applicable to other payments under this part) equal to the difference between such payment under section 111(a) and the amount so received by it. Payments attributable to the additional payment to a State under this subsection shall be made only from appropriations specifically made to carry out this subsection, and such additional appropriations are hereby authorized. Unused funds, distribution. (c) Whenever the Secretary determines, after reasonable oppor- tunity for the submission to him of comments by the State agency administering or supervising the program established under this title, that any payment of an allotment to a State under section 111 (a) for
87 STAT. ] PUBLIC LAW 93-112-SEPT. 26, 1973 371 any fiscal year will not be utilized by such State in carrying out the purposes of this title, he shall make such amount available for carry- ing out the purposes of this title to one or more other States to the extent he determines such other State will be able to use such additional amount during such year for carrying out such purposes. Any amount made available to a State for any fiscal year pursuant to the preceding- sentence shall, for the purposes of this part, be regarded as an increase of such State's allotment (as determined under the peceding provi- sions of this section) for such year. P A Y M E N T S TO STATES SEC. 111. (a) From each State's allotment under this part for any fiscal year (including any additional payment to it under section 110 ( b ) ) , the Secretary shall pay to such State an amount equal to the Federal share of the cost of vocational rehabilitation services under the plan for such State approved under section 101, including expendi- tures for the administration of the State plan, except that the total of such payments to such State for such fiscal year may not exceed its allotment under subsection (a) (and its additional payment under subsection (b), if any) of section 110 for such year and such payments shall not be made in an amount which would result in a violation of the provisions of the State plan required by clause (17) of section 101 ( a ) , and except that the amount otherwise payable to such State for such year under this section shall be reduced by the amount (if any) by which expenditures from non-Federal sources during such year under this title are less than expenditures under the State plan for the fiscal year ending June 30, 1972, under the Vocational Rehabilita- tion Act. 68 Stat. 652. (b) The method of computing and paying amounts pursuant to sub- ^^ ^^^ ^^ "°*^' section (a) shall be as follows: (1) The Secretary shall, prior to the beginning of each calendar quarter or other period prescribed by him, estimate the amount to be paid to each State under the provisions of such subsection for such period, such estimate to be based on such records of the State and information furnished by it, and such other investigation, as the Secretary may find necessary. (2) The Secretary shall pay, from the allotment available therefor, the amount so estimated by him for such period, reduced or increased, as the case may be, by any sum (not previously adjusted under this paragraph) by which he finds that his estimate of the amount to be paid the State for any prior period under such subsection was greater or less than the amount which should have been paid to the State for such prior period under such subsection. Such payment shall be made prior to audit or settlement by the General Accounting Office, shall be made through the disbursing facilities of the Treasury Department, and shall be made in such installments as the Secretary may determine. CLIENT ASSISTANCE SEC. 112. (a) From funds appropriated under section 304 for special p"°^' ^'^"asV^* projects and demonstrations in excess of an amount equal to the amount obligated for expenditure for carrying out such projects and demonstrations from appropriations under the Vocational Rehabilita- tion Act in the fiscal year ending June 30,1973, the Secretary shall set aside up to $1,500,000, but no less than $500,000 for the fiscal year ending June 30, 1974, and up to $2,500,000 but no less than $1,000,000 for the fiscal year ending June 30, 1975, to establish in no less than 7
372 PUBIJC LAW 93-112-SEPT. 26, 1973 [87 STAT. nor more than 20 geographically dispersed regions client assistance pilot projects (hereinafter in this section referred to as "projects") to provide counselors to inform and advise all clients and client appli- cants in the project area of all available benefits under this Act and, upon request of such client or client applicant, to assist such clients or applicants in their relationships with projects, programs, and facili- ties providing services to them under this Act. Regulations, requirements. (b) The Secretary shall prescribe regulations which shall include the following requirements: (1) No employees of such projects shall be presently serving as staff or consultants or receiving benefits of any kind directly or indirectly from any rehabilitation project, program, or facility receiving assist- ance under this Act in the project area. (2) Each project shall be afforded reasonable access to policymaking and administrative personnel in State and local rehabilitation pro- grams, projects, and facilities. Annual reports, (3) The project shall submit an annual report, through the State submittal to con- gressional com- agency designated pursuant to section 101, to the Secretary on the mittees. operation of the project during the previous year, including a sum- Ante, p. 363. mary of the work done and a uniform statistical tabulation of all cases handled by such project. A copy of each such report shall be submitted to the appropriate committees of the Congress by the Secretary, together with a summary of such reports and his evaluation of such projects, including appropriate recommendations. Graduate stu- (4) Each State agency may enter into cooperative arrangements dent services.' with institutions of higher education to secure the services in such projects of graduate students who are undergoing clinical training activities in related fields. No compensation with funds appropriated under this Act shall be provided to such students. (5) Reasonable assurance shall bs given by the appropriate State agency that all clients or client applicants within the project area shall have the opportunity to receive adequate service under the project and shall not be pressured against or otherwise discouraged from availing themselves of the services available under such project. (6) The project shall be funded, administered, and operated directly by and w^ith the concurrence of the State agency designated pursuant to section 101. PART C—INNOVATION AND EXPANSION GRANTS STATE ALLOTMENTS SEC. 120. (a) (1) From the sums available pursuant to section 100 Ante, p. 363. (b) (2) for any fiscal year for grants to States to assist them in meet- ing the costs described in section 121, each State shall be entitled to an allotment of an amount bearing the same ratio to such sums as the population of the State bears to the population of all the States. The allotment to any State under the preceding sentence for any fiscal year which is less than $50,000 shall be increased to that amount, and for the fiscal year ending June 30,1974, no State shall receive less than the amount necessary to cover up to 90 per centum of the cost of continu- ing projects assisted under section 4 ( a ) ( 2 ) ( A ) of the Vocational 82 Stat. 299. Rehabilitation Act, except that no such project may receive financial 29 u s e 34. assistance under both the Vocational Rehabilitation Act and this Act for a total period of time in excess of three years. The total of the increase required by the preceding sentence shall be derived by propor-
87 STAT. ] PUBLIC LAW 93-112-SEPT. 26, 1973 373 tionately reducing tlie allotments to each ot the remaining States under the first sentence of this section, but with such adjustments as may be necessary to prevent the allotment of any of such remaining States from thereby being reduced to less than $5(),0()(). Unused funds, (b) Whenever the Secretary determines that any amount of an allot- redistribution. ment to a State for any fiscal year will not be utilized by such State in cairying out the purposes of this section, he shall make such amount available for carrying out the purposes of this section to one or more other States which he determines will be able to use additional amounts during such year for carrying out such purposes. Any amount made available to a State for any fiscal year pursuant to the preceding sen- tence shall, for purposes of this part, be regarded as an increase of such State's allotment (as determined under the preceding provisions of this section) for such year*. PAYMENTS TO STATES SJ<:C. l^L (a) From each State's allotment under this part for any Hscal year, the Secretary shall pay to such State or, at the option of the State agency designated pursuant to section 101 (a) (1), to a public ^"'^' P- 363. or nonprofit organization or agency, a portion of the cost of planning, preparing for, and initiating special programs under the State plan approved pursuant to section 101 to expand vocational rehabilitation sei-vices, including programs to initiate or expand such services to individuals with the most severe handicaps, or of special programs under such State plan to initiate or expand services to classes of handi- capped individuals who have unusual and difficult problems in connec- tion with their rehabilitation.^ particularly handicapped individuals who are poor, and responsibility for whose treatment, education, and i-ehabilitation is shai-ed by the State agency designated in section 101 with other- agencies. The Secretary may require that any portion of a State's allotment under this section, but not more than 50 per centum of such allotment, may be expended in connection with only such projects as have first been approved by the Secretary. Any grant of funds under this section which will be used for direct services to handicapped individuals or for establishing or maintaining facilities which will render direct services to such individuals must have the prior approval of the appropriate State agency designated pursuant to section 101. (b) Payments under this section with respect to any project may be made for a period of not to exceed three years beginning Avith the com- mencement of the project as approved, and sums appropriated for grants under this section shall remain available for such grants through the fiscal year- ending June 80,1976. Payments with respect to any project may not exceed 90 per centum of the cost of such project. The non-Federal share of the cost of a project may be in cash or in kind and may include funds spent for project purposes by a cooperating |)ublic or nonprofit agency provided that it is not included as a cost in any other federally financed program. (c) l^ayments under this section may be made in advance or by way of reimbureement for services performed and purchases made, as may be determined by the Secretary, and shall be made on such conditions as the Secretary finds necessary to carry out the puri)oses of tliis section.
374 PUBLIC LAW 93-112-SEPT. 26, 1973 [87 STAT. PART D—COMPREHENSIVE SERVICE NEEDS SPECIAL STUDY SEC. 130. (a) The Secretary shall conduct a comprehensive study, including research and demonstration projects of the feasibility of methods designed (1) to prepare individuals with the most severe handicaps for entry into programs under this Act who would not otherwise be eligible to enter such programs due to the severity of their handicap, and (2) to assist individuals with the most severe handicaps who, due to the severity of their handicaps or other factors such as their age, cannot reasonably be expected to be rehabilitated for employment but for whom a program of rehabilitation could improve their ability to live independently or function normally within their family and community. Such study shall encompass the extent to which other programs administered by the Secretary do or might con- tribute to the objectives set forth in clauses (1) and (2) of the preced- ing sentence and the methods by which all such programs can be coordinated at Federal, State, and local levels with those carried out under this Act to the end that individuals with the most severe handi- caps are assured of receiving the kinds of assistance necessary for them to achieve such objectives. c^g^esVand (^) ^ h e Secretary shall report the findings of the study, research, President. and demoustrations directed by subsection (a) of this section to the Congress and to the President together with such recommendations for legislative or other action as he may find desirable, not later than February 1,1975. T I T L E I I — R E S E A K C H AND T R A I N I N G DECLARATION OF PURPOSE SEC. 200. The purpose of this title is to authorize Federal assistance to State and public or nonprofit agencies and organizations to— (a) plan and conduct research, demonstrations, and related activities in the rehabilitation of handicapped individuals, and (b) plan and conduct courses of training and related activities designed to provide increased numbers of trained rehabilitation personnel, to increase the levels of skills of such personnel, and to develop improved methods of providing such training. A U T H O R I Z A T I O N OF A P P R O P R I A T I O N S SEC. 201. (a) I n order to make grants and contracts to carry out the purposes of this title, there is authorized to be appropriated: (1) For the purpose of carrying out section 202 of this title, $25,000,000 each for the fiscal years ending June 30,1974, and June 30, 1975; and there is further authorized to be appropriated for such pur- pose for each such year such additional sums as the Congress may deter- mine to be necessary. Of the sums appropriated under this paragraph, 20 per centum, and 25 per centum of the amounts appropriated in the first and second such fiscal years, respectively, shall be available only for the purpose of carrying out activities under section 202(b)(2). (2) For the purpose of carrying out section 203 of this title, there is authorized to be appropriated $27,700,000 each for the fiscal years ending June 30, 1974, and June 30, 1975; and there is further author- ized to be appropriated for such purpose for each such year such additional sums as the Congress may determine to be necessary. (b) Funds appropriated under this title shall remain available until expended.
87 STAT. ] PUBLIC LAW 93-112-SEPT. 26, 1973 375 RESEARCH SEC. 202. (a) The Secretary, through the Commissioner, and in Federal grants, coordination with other appropriate programs in the Department of Health, Education, and Welfare, is authorized to make grants to and contracts with States and public or nonprofit agencies and organiza- tions, including institutions of higher education, to pay part of the cost of projects for the purpose of planning and conducting research, demonstrations, and related activities which bear directly on the devel- opment of methods, procedures, and devices to assist in the provision of vocational rehabilitation services to handicapped individuals, espe- cially those with the most severe handicaps, under this Act. Such proj- ects may include medical and other scientific, technical, methodological, and other investigations into the nature of disability, methods of ana- lyzing it, and restorative techniques; studies and analyses of industrial, vocational, social, psychological, economic, and other factors affecting rehabilitation of handicapped individuals; special problems of home- bound and institutionalized individuals; studies and analyses of architectural and engineering design adapted to meet the special needs of handicapped individuals; and related activities which hold promise of increasing knowledge and improving methods in the rehabilitation of handicapped individuals and individuals with the most severe handicaps. (b) In addition to carrying out projects under subsection (a) of this section, the Secretary, through the Commissioner, and in coordination with other appropriate programs in the Department of Health, Educa- tion, and Welfare, is authorized to make grants to pay part or all of the cost of the following specialized research activities: (1) Establishment and support of Rehabilitation Research and ^f/^^^^^J^^^^*^^^"" Training Centers to be operated in collaboration with institutions of Training centers, higher education for the purpose of providing coordinated and establishment. advanced programs of research in rehabilitation and training of reha- bilitation research personnel, including, but not limited to, graduate training. Grants may include funds for services rendered by such a center to handicapped individuals in connection with such research and training activities. (2) Establishment and support of Rehabilitation Engineering Eiflneerin^Re- Research Centers to (A) develop innovative methods of applying search centers,' advanced medical technology, scientific achievement, and psychologi- establishment. cal and social knowledge to solve rehabilitation problems through plan- ning and conducting research, including cooperative research with public or private agencies and organizations, designed to produce new scientific knowledge, equipment, and devices suitable for solving prob- lems in the rehabilitation of handicapped individuals and for reduc- ing environmental barriers, and to (B) cooperate with State agencies designated pursuant to section 101 in developing systems of informa- ^"*^' P" ^^^• tion exchange and coordination to promote the prompt utilization of engineering and other scientific research to assist in solving problems in the rehabilitation of handicapped individuals. (3) Conduct of a program for spinal cord injury research, to include ^^^^/"^g ''"''^ch support of spinal cord injuries projects and demonstrations estab- '"^""^^ fesearc lished pursuant to section 303(b), which will (A) insure dissemi- Post. p. 379. nation of research findings among all such centers, (B) provide encouragement and support for initiatives and new approaches by individual and institutional investigators, and (C) establish and main- tain close working relationships with other governmental and volun- tary institutions and organizations engaged in similar efforts, in order to unify and coordinate scientific efforts, encourage joint planning, and promote the interchange of data and reports among spinal cord injury investigators.
376 PUBLIC LAW 93-112-SEPT. 26, 1973 [87 STAT. End-stage (4) Conduct a program for end-stage renal disease research, to renal disease research. include support of projects and demonstrations for providing special services (including ti-ansplantation and dialysis), artificial kidneys, and supplies necessary for the rehabilitation of individuals suffering from such disease and which will (A) insure dissemination of research findings, (B) provide encouragement and support for initiatives and new approaches by individual and institutional investigators, and (C) establish and maintain close working relationships with other govern- mental and voluntary institutions and organizations engaged in simi- lar efforts, in order to unify and coordinate scientific efforts, encourage joint planning, ^nd promote the interchange of data and reports among investigators in the field of end-stage renal disease. No person shall be selected to participate in such program who is eligible for services for such disease under any other provision of law. International (5) Conduct of a program for international rehabilitation research, rehabilitation, re- search and demonstration, and training for the purpose of developing new knowl- development. edge and methods in the rehabilitation of handicapped individuals in the United States, cooperating with and assisting in developing and sharing information found useful in other nations in the rehabilita- tion of handicapped individuals, and initiating a program to exchange experts and technical assistance in the field of rehabilitation of handi- capped individuals with other nations as a means of increasing the levels of skill of rehabilitation personnel. Post, p. 384. (c) The provisions of sexjtion 306 shall apply to assistance provided under this section, unless the context indicates to the contrary. TRAINING Federal grants. SEC. 203. (a) The Secretary, through the Commissioner, in coordi- nation with other appropriate programs in the Department of Health, Education, and Welfare, is authorized to make grants to and contracts with States and public or nonprofit agencies and organizations, includ- ing institutions of higher education, to pay part of the cost of projects for training, traineeships, and related activities designed to assist in increasing the numbers of personnel trained in providing vocational services to handicapped individuals and in performing other functions necessary to the development of such services. (b) In making such grants or contracts, funds made available for any year will be utilized to provide a balanced program of assistance to meet the medical, vocational, and other personnel training needs of both public and private rehabilitation programs and institutions, to include projects in rehabilitation medicine, rehabilitation nursing, rehabilitation counseling, rehabilitation social work, rehabilitation psychology, physical therapy, occupational therapy, speech pathology and audiology, workshop and facility administration, prosthetics and orthotics, specialized personnel in providing services to blind and deaf individuals, recreation for ill and handicapped individuals, and other fields contributing to the rehabilitation of handicapped individuals, including homebound and institutionalized individuals and handi- Limitation. capped individuals with limited English-speaking ability. No grant shall be made under this section for furnishing to an individual any one course of study extending for a period in excess of four years. REPORTS SEC. 204. There shall be included in the annual report to the Con- Post, p. 387. gress required by section 404 a full report on the research and training activities carried out under this title and the extent to which such
87 STAT. ] PUBLIC LAW 93-112-SEPT. 26, 1973 377 research and training has contributed directly to the development of methods, procedures, devices, and trained personnel to assist in the provision of vocational rehabilitation services to handicapped individ- uals and those with the most severe handicaps under this Act. TITLE III—SPECIAL FEDEKAL KESPONSIBILITIES DECLARATION" OF PURPOSE SEC. 300. The purpose of this title is to— (1) authorize grants and contracts to assist in the construction and initial staffing of rehabilitation facilities; (2) authorize grants and contracts to assist in the provision of vocational training services to handicapped individuals; (3) authorize grants for special projects and demonstrations which hold promise of expanding or otherwise improving rehabili- tation services to handicapped individuals, including individuals with spinal cord injuries, older blind individuals, and deaf individ- uals whose maximum vocational potential has not been reached, which experiment with new types of patterns of services or devices for the rehabilitation of handicapped individuals (including opportunities for new careers for handicapped individuals, and for other individuals in programs serving handicapped individ- uals) and which provide vocational rehabilitation services to handicapped migratory agricultural workers or seasonal farm- workers ; (4) establish and operate a National Center for Deaf-Blind Youths and Adults; and (5) establish uniform grant and contract requirements for pro- grams assisted under this title and certain other provisions of this Act. GRANTS FOR CONSTRUCTION OF R E H A B I L I T A T I O N FACILITIES SEC. 301. (a) For the purpose of making grants and contracts under this section for construction of rehabilitation facilities, initial staffing, and planning assistance, there is authorized to be appropriated such sums as may be necessary for the fiscal years ending June 30,1974, and June 30, 1975. Amounts so appropriated shall remain available for expenditure with respect to construction projects funded or initial staffing grants made under this section prior to July 1, 1977. (b)(1) The Secretary is authorized to make grants to assist in meet- ing the costs of construction of public or nonprofit rehabilitation facilities. Such grants may be made to States and public or nonprofit 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 construction project under this section must conform to the provisions of section 306. (3) The amount of a grant under this section with respect to any construction project in any State shall be equal to the same percentage of the cost of such project as the Federal share which is applicable in the case of rehabilitation facilities (as defined in section 645(g) of the Public Health Service Act (42 U.S.C. 291o(a))), in such State, except 78 stat. 460; that if the Federal share with respect to rehabilitation facilities in *'^ ^*°*' ^^^' such State is determined pursuant to subparagraph (b) (2) of section 645 of such Act (42 U.S.C. 291o(b) ( 2 ) ) , the percentage of the cost for ^^ stat. 34o.
378 PUBLIC LAW 93-112-SEPT. 26, 1973 [87 STAT. purposes of this section shall be determined in accordance with regula- tions prescribed by the Secretary designed to achieve as nearly as practicable results comparable to the results obtained under such subparagraph. Staffing grants. (c) The Secretary is also authorized to make grants to assist in the initial staffing of any public or nonprofit rehabilitation facility constructed after the date of enactment of this section (whether or not such construction was financed with the aid of a grant under this section) by covering part of the costs (determined in accordance with regulations the Secretary shall prescribe) of compensation of profes- sional or technical personnel of such facility during the period begin- ning with the commencement of the operation of such facility and endmg with the close of four years and three months after the month in which such operation commenced. Such grants with respect to any facility may not exceed 75 per centum of such costs for the period end- ing with the close of the fifteenth month following the month in which such operation commenced, 60 per centum of such costs for the first year thereafter, 45 per centum of such costs for the second year there- after, and 30 per centum of such costs for the third year thereafter. Planning grants. (d) The Secretary is also authorized to make grants upon applica- Ante, p. 363. tion approved by the State agency designated under section 101 to administer the State plan, to public or nonprofit agencies, institutions, or organizations to assist them in meeting the cost of planning rehabili- tation facilities and the services to be provided by such facilities. VOCATIONAL TRAINING SERVICES FOR HANDICAPPED INDIVIDUALS Appropriation. SEC, 302. (a) For the purpose of making grants and contracts under this section, there is authorized to be appropriated such sums as may be necessary for the fiscal years ending June 30, 1974, and June 30, 1975. Grants, author- (b) (1) The Secretary is authorized to make grants to States and ity. public or nonprofit organizations and agencies to pay up to 90 per centum of the cost of projects for providing vocational training serv- ices to handicapped individuals, especially those with the most severe handicaps, in public or nonprofit rehabilitation facilities. (2) (A) Vocational training services for purposes of this subsection shall include training with a view toward career advancement; train- ing in occupational skills; related services, including work evaluation, work testing, provision of occupational tools and equipment required by the individual to engage in such training, and job tryouts; and pay- ment of weekly allowances to individuals receiving such training and related services. Individual al- lowances, limi- (B) Such allowances may not be paid to any individual for any tations. period in excess of two years, and such allowances for any week shall not exceed $30 plus $10 for each of the individual's dependents, or $70, whichever is less. I n determining the amount of such allowances for any individual, consideration shall be given to the individual's need for such an allowance, including any expenses reasonably attributable to receipt of training services, the extent to which such an allowance will help assure entry into and satisfactory completion of training, and such other factors, specified by the Secretary, as will promote such individual's capacity to engage in gainful and suitable employment. Conditions. (3) The Secretary may make a grant for a project pursuant to this subsection only on his determination that (A) the purpose of such project is to prepare handicapped individuals, especially those with the most severe handicaps, for gainful and suitable employment; (B) the individuals to receive training services under such project will include onlv those who have been determined to be suitable for and in
87 STAT. ] PUBLIC LAW 93-112-SEPT. 26, 1973 379 need of such training services by the State agency or agencies desig- nated as provided in section 101(a)(1) of the State in which tlie Ante, p. 3 6 3 . rehabilitation facility is located; (C) the full range of training services will be made available to each such individual, to the extent of his need for such services; and (D) the project, including the participating rehabilitation facility and the training services provided, meet such other requirements as he may prescribe in regulations for carrying out the purposes of this subsection. (c)(1) The Secretary is authorized to make grants to public or Operation grants. nonprofit rehabilitation facilities, or to an organization or combina- tion of such facilities, to pay the Federal share of the cost of projects to analj^ze, improve, and increase their professional services to handi- capped individuals, their management effectiveness, or any other part of their operations affecting their capacity to provide employment and services for such individuals. (2) No part of any grant made pursuant to this subsection may be Prohibition. used to pay costs of acquiring, constructing, expanding, remodeling, or altering any building. MORTOAOE IXSITRAXCK FOR R E H A B I L I T A T I O N FACILITIES SEC. 803. (a) I t is the purpose of this section to assist and encourage the provision of urgently needed facilities for programs for handi- capped individuals. Definitions. (b) F o r the purpose of this section the terms "mortgagee'', "maturity date'', and "State" shall have the meanings respectively set forth in section 207 of the National Housing Act. 52 Stat. 16; 55 Stat. 62. (c) The Secretary, in consultation with the Secretary of Housing 12 u s e 1713. and Urban Development, and subject to the provisions of section 306, is authorized to insure up to 100 per centum of any mortgage (includ- ing advances on such mortgage during construction) in accordance with the provisions of this section upon such terms and conditions as he may prescribe and make commitments for insurance of such mort- gage prior to the date of its execution or disbursement thereon, except that no mortgage of any public agency shall be insured under this section if the interest from such mortgage is exempt from Federal taxation. Conditions. (d) I n order to carry out the purpose of this section, the Secretary is authorized to insure any mortgage which covers construction of a public or nonprofit rehabilitation facility, including equipment to be used in its operation, subject to the following conditions: (1) The mortgage shall be executed by a mortgagor, approved by the Secretary, who demonstrates ability successfully to operate one or more programs for handicapped individuals. The Secre- tary may in his discretion require any such mortgagor to be regulated or restricted as to minimum charges and methods of financing, and, in addition thereto, if the mortgagor is a corporate entity, as to capital structure and rate of return. As an aid to the regulation or restriction of any mortgagor with respect to any of the foregoing matters, the Secretary may make such contracts, with and acquire for not to exceed $100 such stock of interest in, such mortgagor as he may deem necessary. Any stock or interest so purchased shall be paid for out of the Rehabilitation Facilities Insurance Fund (established by subsection (h) of this section), and shall be redeemed by the mortgagor at par upon the termi- nation of all obligations of the Secretary under the insurance.
380 PUBLIC LAW 93-112-SEPT. 26, 1973 [87 STAT. (2) The mortgage shall involve a principal obligation in an amount not to exceed 90 per centum of the estimated replacement cost of the property or project, including equipment to be used in the operation of the rehabilitation facility, when the proposed improvements are completed and the equipment is installed, but not including any cost covered by grants in aid under this Act or any other Fedei-al Act. (3) The mortgage shall— (A) provide for complete amortization by periodic pay- ments within such term as the Secretary shall prescribe, and (B) bear interest (exclusive of premium charges for insur- ance and service charges, if any) at not to exceed such per centum j)er annum on the principal obligation outstanding at any time as the Secretary finds necessary to meet the mortgage market. Premium and (e) The Secretary shall fix and collect premium charges for the appraisal charges, insurance of mortgages under this section which shall be payable annually in advance by the mortgagee, either in cash or in debentures of the Rehabilitation Facilities Insurance Fund (established by sub- section (h) of this section) issued at par plus accrued interest. In the case of any mortgage such charge shall be not less than an amount equivalent to one-fourth of 1 per centum per annum nor more than an amount equivalent to 1 per centum per annum of the amount of the principal obligation of the mortgage outstanding at any one time, without taking into account delinquent payments or prepayments. In addition to the premium charge herein provided for, the Secretary is authorized to charge and collect such amounts as he may deem reason- able for the appraisal of a property or project during construction, but such charges for appraisal and inspection shall not aggregate more than 1 per centum of the original principal face amount of the mortgage. (f) The Secretary may consent to the release of a part or parts of the mortgaged property or project from the lien of any mortgage insured under this section upon such terms and conditions as he shall by regulation prescribe. (g) (1) The Secretary shall have the same functions, powers, and duties (insofar as applicable) with respect to the insurance of mort- gages under this section as the Secretary of Housing and Urban Development has with respect to the insurance of mortgages under 52 Stat. 9; title I I of the National Housing Act. The Secretary may, pursuant to 84 Stat. 458. 12 u s e 1707. a formal delegation agreement containing regulations prescribed by him, delegate to the Secretary of Housing and Urban Development authority to administer this section in accordance with such delegation agreement. (2) The provisions of subsections (e), ( g ) , ( h ) , (i), ( j ) , ( k ) , (1), 52 Stat. 16. and (n) of section 207 of the National Housing Act shall apply to 12 u s e 1713. mortgages insured under this section; except that, for the purposes of their application with respect to such mortgages, all references in such provisions to the General Insurance Fund shall be deemed to refer to the Rehabilitation Facilities Insurance Fund (established by sub- section (h) of this section) and all references in such provisions to "Secretary" shall be deemed to refer to the Secretary of Health, Edu- cation, and Welfare. Rehabilitation Facilities Insur- ( h ) ( 1 ) There is hereby created a Rehabilitation Facilities Insur- ance Fund. ance F u n d which shall be used by the Commissioner as a revolving fund Establishment. for carrying out all the insurance provisions of this section. All mort- gages insured under this section shall be insured under and be the obligation of the Rehabilitation Facilities Insurance Fund.
87 STAT. ] PUBLIC LAW 93-112-SEPT. 26, 1973 381 (2) The general expenses of the operations of the Rehabilitation Services Administration relating to mortgages insured under this section may be charged to the Rehabilitation Facilities Insurance Fund. (3) Moneys in the Rehabilitation Facilities Insurance Fund not Unused funds. needed for the current operations of the Rehabilitation Services Administration with respect to mortgages insured under this section shall be deposited with the Treasurer of the United States to the credit of such fund, or invested in bonds or other obligations of, or in bonds or other obligations guaranteed as to principal and interest by, the United States. The Commissioner may, with the approval of the D e b e n t u r e s , pur- c h a s e authority. Secretary of the Treasury, purchase in the open market debentures issued as obligations of the Rehabilitation Facilities Insurance Fund. Such purchases shall be made at a price which will provide an invest- ment yield of not less than the yield obtainable from other investments authorized by this section. Debentures 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 mortgage under this section, the receipts derived from property covered by such mortgages and from any claims, debts, contracts, property, and secu- rity assigned to the Secretary in connection therewith, and all earnings as the assets of the fund, shall be credited to the Rehabilitation Facili- ties Insurance Fund. The principal of, and interest paid and to be paid on, debentures which are the obligation of such fund, cash insur- ance payments, and adjustments, and expense incurred in the handling, management, renovation, and disposal of properties acquired, in con- nection with mortgages insured under this section, shall be charged to such fund. (5) There are authorized to be appropriated to provide initial capi- Appropriation. tal for the Rehabilitation Facilities Insurance Fund, and to assure the soundness of such fund thereafter, such sums as may be necessary, except that the total amount of outstanding mortgages insured shall not exceed $200,000,000. SPECIAL PROJECTS AND DEMONSTRATIONS SEC. 304. (a) (1) For the purpose of making grants under this sec- Appropriations. tion for special projects and demonstrations (and research and evalu- ation connected therewith), there is authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1974, and $17,000,000 for the fiscal year ending June 30,1975; and there is further authorized to be appropriated for such purposes for each such year such addi- tional sums as the Congress may determine to be necessary. (2) Of the amounts appropriated pursuant to paragraph (1) of this subsection, 5 per centum m each such fiscal year shall be available only for the purpose of making grants under subsection (c) of this section, and there is authorized to be appropriated in each such fiscal year such additional amount as may be necessary to equal, when added to the amount made available for the purpose of making grants under such subsection an amount of $5,000,000 to be available for each such fiscal year. (b) The Secretary, subject to the provisions of section 306, shall make grants to States and public or nonprofit agencies and organiza- tions for paying part or all of the cost of special projects and demon- strations (and research and evaluation in connection therewith) (1) for establishing programs and facilities for providing vocational reha- bilitation services which hold promise of expanding or otherwise
382 PUBLIC LAW 93-112-SEPT. 26, 1973 [87 STAT. improving rehabilitation services to handicapped individuals (espe- cially those with the most severe handicaps) including individuals with spinal cord injuries, older blind individuals, and deaf individuals, whose maximum vocational potential has not been reached, and (2) for applying new types or patterns of services or devices (including opportunities for new careers for handicapped individuals for other individuals in programs servicing handicapped individuals). Projects and demon^rations providing services to individuals with spinal cord injuries shall include provisions to— (A) establish, on an appropriate regional basis, a multidiscipli- nary system of providing vocational and other rehabilitation services, specijfically designed to meet the special needs of indi- viduals with spinal cord injuries, including acute care as well as periodic inpatient or outpatient f oUowup and services; (B) demonstrate and evaluate the benefits to individuals with spinal cord injuries served in, and the degree of cost effective- ness of, such a regional system; (C) demonstrate and evaluate existing, new, and improved methods and equipment essential to the care, management, and rehabilitation of individuals with spinal cord injuries; and (D) demonstrate and evaluate methods of community outreach for individuals with spinal cord injuries and community educa- tion in connection with the problems of such individuals in areas such as housing, transportation, recreation, employment, and com- munity activities. Handicapped (c) The Secretary, subject to the provisions of section 306, is author- migratory agri- cultural workers ized to make grants to any State agency designated pursuant to a State and s e a s o n a l plan approved under section 101, or to any local agency participating farmworkers. Ante, p. 363. in the administration of such a plan, to pay up to 90 per centum of the cost of projects or demonstrations for the provision of vocational rehabilitation services to handicapped individuals, as determined in accordance with rules prescribed by the Secretary of Labor, are migra- tory agricultural workers or seasonal farmworkers, and to members of their families (whether or not handicapped) who are with them, including maintenance and transportation of such individuals and members of their families where necessary to the rehabilitation of such individuals. Maintenance payments under this section shall be consist- ent with any maintenance payments made to other handicapped indi- viduals in the State under this Act. Such grants shall be conditioned upon satisfactory assurance that in the provision of such services there will be appropriate cooperation between the grantee and other public or nonprofit agencies and organizations having special skills and experience in the provision of services to migratory agricultural work- ers, seasonal farmworkers, or their families. This subsection shall be administered in coordination with other programs serving migrant agricultural workers and seasonal farmworkers, including programs 64 Stat. 1100. under title I of the Elementary and Secondary Education Act of 1965, 20 u s e 236. section 311 of the Economic Opportunity Act of 1964, the Migrant 81 Stat. 709. 42 u s e 2 8 6 1 . Health Act, and the F a r m Labor Contractor Registration Act of 1963. 78 Stat. 920. 7 u s e 2041 (d) The Secretary is authorized to make contracts or jointly note. financed cooperative arrangements with employers and organizations Employment programs, con- for the establishment of projects designed to prepare handicapped tract authority. individuals for gainful and suitable employment in the competitive labor market under which handicapped individuals are provided train- ing and employment in a realistic work setting and such other services (determined in accordance with regulations prescribed by the Secre- tary) as may be necessary for such individuals to continue to engage in such employment.
87 STAT. ] PUBLIC LAW 93-112-SEPT. 26, 1973 383 (e)(1) The Secretary is authorized, directly or by contract with Technical State vocational rehabilitation agencies or experts or consultants or groups thereof, to provide technical assistance (A) to rehabilitation facilities, and (B) for the purpose of removal of architectural and transportation barriers, to any public or nonprofit agency, institution, organization or facility. (2) Any such experts or consultants shall, while serving pursuant to such contracts, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding the pro rata pay rate for a person 5 u s e 5332 employed as a GS-18, under section 5332 of title 5, United States Code, note. including traveltime, and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service s^sttlTigV.^' employed intermittently. NATIONAL CENTER FOR DEAF-BLIND YOUTHS AND ADULTS SEC. 305. (a) For the purpose of establishing and operating a Appropriation. National Center for Deaf-Blind Youths and Adults, there is author- ized to be appropriated such sums as may be necessary for construc- tion, which shall remain available until expended, and such sums as may be necessary for operations for the fiscal years ending June 30, 1974, and June 30,1975. ^b) I n order Establishment, (1) to demonstrate methods of (A) providing the specialized ''°"''^^ ^" °" ^* intensive services, and other services, needed to rehabilitate handi- capped individuals who are both deaf and blind, and (B) training the professional and allied personnel needed adequately to staff facilities specifically designed to provide such services and train- ing to such personnel who have been or will be w^orking with deaf-blind individuals; (2) to conduct research in the problems of, and ways of meeting the problems of rehabilitating, deaf-blind individuals; and (3) to aid in the conduct of related activities which will expand or improve the services for or help improve public understanding of the problems of deaf-blind individuals; the Secretary, subject to the provisions of section 306, is authorized to enter into an agreement with any public or nonprofit agency or organi- zation for payment by the United States of all or part of the costs of the establishment and operation, including construction and equip- ment, of a center for vocational rehabilitation of handicapped indi- viduals who are both deaf and blind, which center shall be known as the National Center for Deaf-Blind Youths and Adults. (c) Any agency or organization desiring to enter into such agree- ment shall submit a proposal therefor at such time, in such manner, and containing such information as may be prescribed in regulations by the Secretary. I n considering such proposals the Secretary shall give preference to proposals which* (1) give promise of maximum effec- tiveness in the organization and operation of such Center, and (2) give promise of offering the most substantial skill, experience, and capa- bility in providing a broad program of service, research, training, and related activities in the field of rehabilitation of deaf-blind individuals.
384 PUBLIC LAW 93-112-SEPT. 26, 1973 [87 STAT. GENERAL GRANT A N D CONTRACT REQUIREMENTS Applicability. SEC. 306. (a) The provisions of this section shall apply to all projects approved and assisted under this title. The Secretary shall insure com- pliance with this section prior to making any grant or entering into any contract or agreement under this title, except projects authorized under section 302. Construction (jj) ^ o be approved, an application for assistance for a construction project approval, ^• , -, i/. , .., ' /• ^ conditions. pToject uuder this title must— (1) contain or be supported by reasonable assurances that (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 facility, (B) sufficient funds will be available to meet the non- Federal share of the cost of construction of the project, and (C) sufficient funds will be available, when construction of the project is completed, for its effective use for its intended purpose; (2) provide that Federal funds provided to any agency or orga- nization under this title will be used only for the purposes for which provided and in accordance with the applicable provisions of this section and the section under which such funds are provided; Report, trans- (3) provldc that the agency or organization receivinor Federal gress. " funds Under this title will make an annual report to the Secretary, which he shall summarize and comment upon in the annual report Post, p. 387. to the Congress submitted under section 404; (4) be accompanied or supplemented by plans and specifica- tions in which due consideration shall be given to excellence of 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 comply with regulations prescribed by the Secretary related to minimum standards of construction and equipment (promulgated with particular emphasis on securing compliance with the requirements of the Architectural Barriers Act of 1968 8482 Stat.^718; Stat. 49 (Public Law 90-480)), and with regulations of the Secretary of 42 u s e 4151 Labor relating to occupational health and safety standards for rehabilitation facilities; and (5) contain or be supported by reasonable assurance that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any construction aided by pay- ments pursuant to any grant under this section will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance 49 Stat. 1011; with Davis-Bacou Act, as amended (40 U.S.C. 276a—276a-5); 78 Stat. 238. ^^^ ^^iQ Secretary of Labor shall have, with respect to the labor standards specified in this paragraph, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. o/o ^'°V,l^^^' 3176) and section 2 of the Act of June 13, 1934, as amended 84 Stat. 2 3 5 . /^nT-ro/^ c\iyo \ 5 use app. (40 U.S.C. 276c). 63 Stat. 108. (c) Upon approval of any application for a grant or contract for a project under this title, the Secretary shall reserve, from any appro- priation available therefore, the amount of such grant or contract determined under this title. I n case an amendment to an approved application is approved, or the estimated cost of a project is revised upward, any additional payment with respect thereto may be made from the appropriation from which the original reservation was made or the appropriation for the fiscal year in which such amendment or revision is approved.
87 STAT. ] PUBLIC LAW 93-112-SEPT. 26, 1973 385 (d) If, within twenty years after completion of any construction project for which funds have been paid under this title, the facility shall cease to be a public or nonprofit facility, the United States shall be entitled to recover from the applicant or other owner of the facility the amount bearing the same ratio to the then value (as determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is situated) of the facility, as the amoimt of the Federal participation bore to the cost of construction of such facility. (e) Payment of assistance or reservation of funds made pursuant to this title may be made (after necessary adjustment on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments and on such condi- tions, as the Secretary may determine. Workshops, (f) A project for construction of a rehabilitation facility which is r e s i d e n t i a l accom- primarily a workshop may, where approved by the Secretary as modations. necessary to the eifective operation of the facility, include such construction as may be necessary to provide residential accommoda- tions for use in connection with the rehabilitation of handicapped individuals. (g) No funds provided under this title may be used to assist in the Sectarian a c t i v ity, funds prohibi- construction of any facility which is or will be used for religious wor- tion. ship or any sectarian activity. (h) When in any State, funds provided under this title will be used for providing direct services to handicapped individuals or for estab- lishing facilities which will provide such services, such services must be carried out in a manner not inconsistent with the State plan approved pursuant to section 101. Ante, p. 363. (i) Prior to making any grant or entering into any contract under this title, the Secretary shall afford reasonable opportunity to the appropriate State agency or agencies designated pursuant to section 101 to comment on such grant or contract. T I T L E I V — A D M I N I S T R A T I O X AND PROGRAJkl AND PROJECT EVALUATION ADMINISTRATION SEC. 400. (a) I n carrying out his duties under this Act, the Secretary shall— (1) cooperate with, and render technical assistance (directly T e c h n i c a l ai; s i s t a n c e to or by grant or contract) to States in matters relating to the reha- States. bilitation of handicapped individuals; (2) provide short-term training and instruction in technical Short-term traineeships. matter's relating to vocational rehabilitation services, including the establishment and maintenance of such research fellowships and traineeships, with such stipends and allowances (including travel and subsistence expenses), as he may deem necessary, except that no such training or instruction (or fellowship or scholarship) shall be provided any individual for any one coui-se of study for a period in excess of four years, and such training, instruction, fellowships, and traineeships may be in the fields of rehabilitation medicine, rehabilitation nursing, rehabilitation counseling, rehabilitation social work, rehabilitation psychology, physical therapy, occupational therapy, speech pathology and audiology, prosthetics and orthotics, recreation for ill and handi- capped individuals, and other specialized fields contributing to the rehabilitation of handicapped individuals; and 22-150 O - 75 - 27
386 PUBLIC LAW 93-112-SEPT. 26, 1973 [87 STAT. Information (3) disseminate information relating to vocational rehabilita- dissemination. tion services, and otherwise promote the cause of the rehabilitation of handicapped individuals and their greater utilization in gain- ful and suitable employment. Rules and regu- (b) The Secretary is authorized to make rules and regulations gov- lations. erning the administration of this title and titles I through I I I of this Ante, pp. 363, Act, and, except as otherwise provided in this Act, to delegate to any 377. officer or employee of the United States such of his powers and duties under such titles, except the making of rules and regulations, as he Publication in finds necessary to carry out the provisions of such titles. Such rules Federal Register. and regulations shall be published in the Federal Register, on at least an interim basis, no later than ninety days after the date of enactment of this Act. Investigative (c) The Secretary is authorized (directly or by grants or contracts) authority. to conduct studies, investigations, and evaluation of the programs authorized by this Act, and to make reports, with respect to abilities, aptitudes, and capacities of handicapped individuals, development of their potentialities, their utilization in gainful and suitable employ- ment, and with respect to architectural, transportation, and other envi- ronmental and attitudinal barriers to their rehabilitation, including the problems of homebound, institutionalized, and older blind individuals. (d) There is authorized to be included for each fiscal year in the appropriation for the Department of Health, Education, and Welfare such sums as are necessary to administer the provisions of this Act. Disabled vet- (e) I n carrying out his duties under this Act, the Secretary shall erans, program coordination. insure the maximum coordination and consultation, at both national and local levels, with the Administrator of Veterans' Affairs and his designees with respect to programs for and relating to the rehabilita- tion of disabled veterans carried out under title 38, United States 72 Stat. 1171. 38 u s e 1501 Code. et seq. PROGRAM A N D PROJECT EVALUATION SEC. 401. ( a ) ( 1 ) The Secretary shall measure and evaluate the impact of all programs authorized by this Act, in order to determine their effectiveness in achieving stated goals in general, and in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services, including, where appro- priate, comparisons with appropriate control groups composed of j>ersons who have not participated in such programs. Evaluations shall be conducted by persons not immediately involved in the admin- istration of the program or project evaluated. (2) I n carrying out his responsibilities under this subsection, the Secretary, in the case of research, demonstrations, and related activi- Ante, p. 375. ties carried out under section 202, shall, after taking into consideration Ante, p. 363. the views of State agencies designated pursuant to section 101, on an annual basis— (A) reassess priorities to which such activities should be directed; and (B) review present research, demonstration, and related activ- ities to determine, in terms of the purpose specified for such activi- ties by subsection (a) of section 202, whether and on what basis such activities should be continued, revised, or terminated. Report to con- gressional com- (3) The Secretary shall, within 12 months after the date of enact- mittees. ment of this Act, and on each April 1 thereafter, prepare and furnish to the appropriate committees of the Congress a complete report on the determination and review carried out under paragraph (2) of this subsection, together with such recommendations, including any recom- mendations for additional legislation, as he deems appropriate.
87 STAT. ] PUBLIC LAW 93-112-SEPT. 26, 1973 387 (b) Effective July 1, 1974, before funds for the programs and proj- standa"ds'°"ubii. ects covered by this Act are released, the Secretary shall develop and cation. publish general standards for evaluation of the programs and project effectiveness in achieving the objectives of this Act. He shall consider the extent to which such standards have been met in deciding, in accordance with procedures set forth in subsection (b), (c), and (d) of section 101, whether to renew or supplement financial assistance ^"'^' P- 363. authorized under any section of this Act, Reports submitted pursuant to section 404 shall describe the actions taken as a result of these evaluations. (c^ I n carrying out evaluations under this title, the Secretary shall, pantsWiTv^sT""'' whenever possible, arrange to obtain the specific views of persons par- ticipating in and served by programs and projects assisted under this Act about such programs and projects. (d) The Secretary shall publish the results of evaluative research sea^c^h"re's'uur" and summaries of evaluations of program and project impact and publication, effectiveness no later than ninety days after the completion thereof. The Secretary shall submit to the appropriate committees of the Con- j,(7'^re^"t"^^i *° gress copies of all suoh research studies and evaluation summaries. committees,^ (e) The Secretary shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with assistance under this Act shall become the property of the United States. O B T A I N I N G I N F O R M A T I O N FROM FEDERAL AGENCIES SEC. 402. Such information as the Secretary may deem necessary for purposes of the evaluations conducted under this title shall be made available to him, upon request, by the agencies of the executive branch. AUTHORIZATION OF APPROPRIATIONS SEC. 403. There is authorized to be appropriated for the fiscal years ending June 30, 1974, and June 30, 1975, such sums as the Secretary may require, but not to exceed an amount equal to one-half of 1 per centum of the funds appropriated under titles I, I I , and I I I of this Act or $1,000,000, whichever is greater, to be available to conduct pro- ^y'^"*^yy^^' ^*'^' gram and project evaluations as required by this title. REPORTS SEC. 404. Not later than one hundred and twenty days after the close t^f """j^f/es^dem'' of each fiscal year, the Secretary shall prepare and submit to the Pres- and congressT ident and to the Congress a full and complete report on the activities carried out under this Act. Such annual reports shall include (1) sta- tistical data reflecting, with the maximum feasible detail vocational rehabilitation services provided handicapped individuals during the preceding fiscal year, (2) specifically distinguish among rehabilita- tion closures attributable to physical restoration, placement in com- petitive employment, extended or terminal employment in a sheltered workshop or rehabilitation facility, employment as a homemaker or unpaid family worker, and provision of other services, and (3) include a detailed evaluation of services provided with assistance under title I of this Act, especially services to those with the most severe handicaps.
388 PUBLIC LAW 93-112-SEPT. 26, 1973 [87 STAT. iSEORE'i'ARIAL RESrcmSlBILITIKS SEC. 405. (a) I t shall be the function of the Secretary, "with the assistance of agencies within the Department, other departments and agencies within the Federal Government, handicapped individuals, and public and private agencies and organizations, through the Office of the Secretary, to— Services, long- (1) prepare for submission to the Congress within eighteen range projection, submittal to Con- months after the date of enactment of this Act, a long-range pi-o- gress. jection for the provision of comprehensive services to handicapped individuals and for programs of research, evaluation, and train- ing related to such services and individuals; (2) analyze on a continuing basis and include in his report sub- mitted under section 404, a report on the results of such analysis, program operation to determine consistency with applicable pro- visions of law, progress toward meeting the goals and priorities set forth in the projection required under clause (1), and the effectiveness of all programs providing services to handicapped individuals, and the elimination of unnecessary duplication and overlap in such programs under the jurisdiction of the Secretary; (3) encourage coordinated and cooperative planning designed to produce maximum effectiveness, sensitivity, and continuity in the provision of services for handicapped individuals by all programs; (4) develop means of promoting the prompt utilization of engi- neering and other scientific research to assist in solving problems in education (including promotion of the development of cur- riculums stressing barrier free design and the adoption of such curriculums by schools of architecture, design, and engineering), health, employment, rehabilitation, architectural, housing, and transportation barriers, and other areas so as to bring about full integration of handicapped individuals into all aspects of society; Information (5) provide a central clearinghouse for information and clearinghouse. resource availability for handicapped individuals through (A) the evaluation of systems within the Department of Health, Edu- cation, and Welfare, other departments and agencies of the Fed- eral Government, public and private agencies and organizations, and other sources, which provide (i) information and data regard- ing the location, provision, and availability of services and pro- grams for handicapped individuals, regarding research and recent medical and scientific developments bearing on handicapping conditions (and their prevention, amelioration, causes, and cures). and regarding the current numbers of handicapped individuals and their needs, and (ii) any other such relevant information and data which the Secretary deems necessary; and (B) utilizing the results of such evaluation and existing information systems, the development within such Department of a coordinated system of information and data retrieval, which will have the capacity and responsibility to provide general and specific information regard- ing the information and data referred to in subclause (A) of this clause to the Congress, public and private agencies and organiza- tions, handicapped individuals and their families, professionals in fields serving such individuals, and the general public. Personnel (b) In selecting personnel to assist in the performance of the func- selection. tions assigned in sui)section (a) of this section, the Secretary shall give special emphasis to qualified handicapped individuals.
87 STAT.] PUBLIC LAW 9 3 - 1 1 2 - S E P T . 26, 1973 389 (c) The functions assigned to the Secretary by this section shall not j^^^f^^ ^°ed"^^ be delegated to any persons not assigned to and operating in the Ofl&ce establishment. of the Secretary, except that he may establish an Office for the Handi- capped in the office of an appropriate Assistant Secretary of the Department of Health, Education, and Welfare to carry out such functions. (d) There are authorized to be appropriated for carrying out this Appropriation, section $500,000 each for the fiscal years ending June 30, 1974, and June 30, 1975. (e) Not later than thirty days after the appropriation Act con- ?""'^^' avaii- taining sums for carrying out the provisions of this Act is enacted for Tion'of'c^ngrrs-" each fiscal year, the Secretary shall set aside out of sums available to sionai committees. carry out this section or otherwise available pursuant to any other Act, an amount which he determines is necessary and appropriate to enable him to carry out the provisions of this section and shall notify the appropriate committees of the Congress of the amount so set aside, the number of personnel necessary for such purpose, and the basis for his determination under this subsection and his reasons therefor. SHELTERED W O R K S H O P STUDY SEC. 406. (a) The Secretary shall conduct an original study of the role of sheltered workshops in the rehabilitation and employment of handicapped individuals, including a study of wage payments in sheltered workshops. The study shall incorporate guidelines which are consistent with criteria provided in resolutions adopted by the Com- mittee on Labor and Public Welfare of the United States Senate or the Committee on Education and Labor of the United States House of Representatives, or both. (b) The study shall include site visits to sheltered workshops, inter- views with handicapped trainees or clients, and consultations with interested individuals and groups and State agencies designated pur- suant to section 101. ^"'e* p- 363. (c) Any contracts awarded for the purpose of carrying out all or part of this study shall not be made with individuals or groups with a financial or other direct interest in sheltered workshops. (d) The Secretary shall report to the Congress his findings and Report to recommendations with respect to such study within twenty-four °"^'"^^^' months after the date of enactment of this Act. STATE ALLOCATION STUDY SEC. 407. (a) The Secretary shall conduct a thorough study of the allotment of funds among the States for grants for basic vocational rehabilitation services authorized under part B of title I of this Act, ^"'^' P- 37O. including a consideration of— (1) the needs of individuals requiring vocational rehabilitation services; (2) the financial capability of the States to furnish vocational rehabilitation assistance including, on a State-by-State basis, per capita income, per capita costs of services rendered, State tax rates, and the ability and willingness of a State to provide the non-Federal share of the costs of rendering such services; (3) the continuing demand upon the States to furnish voca- tional rehabilitation services, together with a consideration of the factor that no State would receive less Federal financial assistance under such part than it received under section 2 of the Vocational Rehabilitation Act in the fiscal year immediately prior to the ^^ stat. 1282. enactment of this Act.
390 PUBLIC LAW 93-112-SEPT. 26, 1973 [87 STAT. Report to (b) Not later than June 30, 1974, the Secretary shall report to the Congress. Congress his findings and recommendations, including recommenda- tions for additional legislation, with respect to the study required by this section, which report shall include recommendations with respect to allotment of Federal funds among the States and the Federal share of the cost of furnishing vocational rehabilitation services by the States. TITLE V—MISCELLANEOUS EFFECT ON EXISTING LAW Repeal. SEC. 500. (a) The Vocational Rehabilitation Act (29 U.S.C. 31 68 Stat. 652; 79 Stat. 1282; et seq.) is repealed ninety days after the date of enactment of this Act 82 Stat. 297. and references to such Vocational Rehabilitation Act in any other pro- vision of law shall, ninety days after such date, be deemed to be refer- Unused funds. ences to the Rehabilitation Act of 1973. Unexpended appropriations for carrying out the Vocational Rehabilitation Act may be made Savings pro- available to carry out this Act, as directed by the President. Approved vision. State plans for vocational rehabilitation, approved projects, and con- tractual arrangements authorized under the Vocational Rehabilitation Act will be recognized under comparable provisions of this Act so that there is no disruption of ongoing activities for which there is continuing authority. Appropriations, (b) The authorizations of appropriations in the Vocational Reha- extension. bilitation Act are hereby extended at the level specified for the fiscal year 1972 for the fiscal year 1973. EMPLOYMENT OF HANDICAPPED INDIVIDUALS Interagency SEC. 501. (a) There is established within the Federal Government Committee on Handicapped an Interagency Committee on Handicapped Employees (hereinafter Employees. in this section referred to as the "Committee"), comprised of such Establishment. members as the President may select, including the following (or their 83 Stat. 864. designees whose positions are Executive Level I V or higher) : the 5 u s e 5315 Chairman of the Civil Service Commission, the Administrator of note. Veterans' Affairs, and the Secretaries of Labor and Health, Education, and Welfare. The Secretary of Health, Education, and Welfare and the Chairman of the Civil Service Commission shall serve as co-chair- men of the Committee. The resources of the President's Committees on Employment of the Handicapped and on Mental Retardation shall be Committee made fully available to the Committee. I t shall be the purpose and functions. function of the Committee (1) to provide a focus for Federal and other employment of handicapped individuals, and to review, on a periodic basis, in cooperation with the Civil Service Commission, the adequacy of hiring, placement, and advancement practices with respect to handi- capped individuals, by each department, agency, and instrumentality in the executive branch of Government, and to insure that the special needs of such individuals are being met; and (2) to consult with the Civil Service Commission to assist the Commission to carry out its responsibilities under subsections ( b ) , (c), and (d) of this section. On the basis of such review and consultation, the Committee shall peri- odically make to the Civil Service Commission such recommendations for legislative and administrative changes as it deems necessary or desirable. The Civil Service Commission shall timely transmit to the appropriate committees of Congress any such recommendations. Federal agen- (b) Each department, agency, and instrumentality (including the cies, affirmative action program United States Postal Service and the Postal Rate Commission) in the plans. executive branch shall, within one hundred and eighty days after the date of enactment of this Act, submit to the Civil Service Commission
87 STAT. ] PUBLIC LAW 93-112~SEPT. 26, 1973 391 and to the Committee an affirmative action program plan for the hir- ing, placement, and advancement of handicapped individuals in such department, agency, or instrumentality. Such plan shall include a description of the extent to which and methods whereby the special needs of handicapped employees are being met. Such plan shall be updated annually, and shall be reviewed annually and approved by the Commission, if the Commission determines, after consultation with the Committee, that such plan provides sufficient assurances, procedures and commitments to provide adequate hiring, placement, and advance- ment opportunities for handicapped individuals. (c) The Civil Service Commission, after consultation with the Com- i„^f'|^^a\"^'e^. mittee, shall develop and recommend to the Secretary for referral to ployment. the appropriate State agencies, policies and procedures which will facilitate the hiring, placement, and advancement in employment of individuals who have received rehabilitation services under State voca- tional rehabilitation programs, veterans' programs, or any other pro- gram for handicapped individuals, including the promotion of job opportunities for such individuals. The Secretary shall encourage such State agencies to adopt and implement such policies and procedures. (d) The Civil Service Commission, after consultation with the Com- ^^^^^°^^J^°f°^' mittee, shall, on June 30, 1974, and at the end of each subsequent fiscal g r e s s i o n a l com- year, make a complete report to the appropriate committees of the Congress with respect to the practices of and achievements in hiring, placement, and advancement of handicapped individuals by each department, agency, and instrumentality and the effectiveness of the affirmative action programs required by subsection (b) of this section, together with recommendations as to legislation which have been sub- mitted to the Civil Service Commission under subsection (a) of this section, or other appropriate action to insure the adequacy of such practices. Such report shall also include an evaluation by the Com- mittee of the effectiveness of the Civil Service Commission's activities under subsections (b) and (c) of this section. (e) An individual who, as a part of his individualized written unpaid Federal rehabilitation program under a State plan approved under this Act, ^""^ experience. participates in a program of unpaid work experience in a Federal agency, shall not, by reason thereof, be considered to be a Federal employee or to be subject to the provisions of law relating to Federal employment, including those relating to hours of work rates of com- pensation, leave, unemployment compensation, and Federal employee benefits. (f) (1) The Secretary of Labor and the Secretary of Health, Educa- Federal agency tion, and Welfare are authorized and directed to cooperate with the '=°°P^'"^*'°"- President's Committee on Employment of the Handicapped in carry- ing out its functions, (2) I n selecting personnel to fill all positions on the President's Committee on Employment of the Handicapped, special consideration shall be given to qualified handicapped individuals. ARCHITECTURAL A N D TRANSPORTATION BARRIERS C O M P L I A N C E BOARD SEC. 502. (a) There is established within the Federal Government Establishment; the Architectural and Transportation Barriers Compliance Board '"^'"''"^^^P* (hereinafter referred to as the "Board") which shall be composed of the heads of each of the following departments or agencies (or their designees whose positions are Executive Level I V or higher) : ^^ ^*^*- ^^''• (1) Department of Health, Education, and Welfare; noLV^*^ ^^^ ^ (2) Department of Transportation; (3) Department of Housing and Urban Development; (4) Department of Labor;
392 PUBLIC LAW 93-112-SEPT. 26, 1973 [87 STAT. '5) Department of the Interior; [Q) General Services Administration; (7) United States Postal Service; and (8) Veterans' Administration. (b) I t shall be the function of the Board t o : (1) insure compliance with the standards prescribed by the General Services Administration, the Department of Defense, and the Department of Housing and Urban Development pursuant to the Architectural Barriers Act of 1968 (Public Law 90-480), as amended by the Act of March 5, 1970 82 Stat. 718; (Public Law 91-205) ; (2) investigate and examine alternative 84 Stat. 49. 42 u s e 4151, approaches to the architectural, transportation, and attitudinal bar- riers confronting handicapped individuals, particularly with respect to public buildings and monuments, parks and parklands, public trans- portation (including air, water, and surface transportation whether interstate, foreign, intrastate, or local), and residential and institu- tional housing; (3) determine what measures are being taken by Fed- eral, State, and local governments and by other public or nonprofit agencies to eliminate the barriers described in clause (2) of this sub- International section; (4) promote the use of the International Accessibility Symbol Accessibility in all public facilities that are in compliance with the standards pre- Symbol, pro- motion. scribed by the Administrator of the General Services Administration, the Secretary of Defense, and the Secretary of Housing and Urban Reports to Development pursuant to the Architectural Barriers Act of 1968; (5) President and make to the President and to Congress reports which shall describe in Congress. detail the results to its investigations under clauses (2) and (3) of this subsection; and (6) make to the President and to the Congress such recommendations for legislation and administration as it deems necessary or desirable to eliminate the barriers described in clause (2) of this subsection. Transportation (c) The Board shall also (1) (A) determine how and to what extent barriers. transportation barriers impede the mobility of handicapped individ- uals and aged handicapped individuals and consider ways in which travel expenses in connection with transportation to and from work for handicapped individuals can be met or subsidized when such indi- viduals are unable to use mass transit systems or need special equip- ment in private transportation, and (B) consider the housing needs of handicapped individuals; (2) determine what measures are being taken, especially by public and other nonprofit agencies and groups having an interest in and a capacity to deal with such problems, (A) to eliminate barriers from public transportation systems (including vehicles used in such systems), and to prevent their incorporation in new or expanded transportation systems and (B) to make housing available and accessible to handicapped individuals or to meet shel- tered housing needs; and (3) prepare plans and proposals for such further actions as may be necessary to the goals of adequate transpor- tation and housing for handicapped individuals, including proposals for bringing together in a cooperative effort, agencies, organizations, and groups already working toward such goals or whose cooperation is essential to effective and comprehensive action. (d) I n carrying out its functions under this section, the Board shall conduct investigations, hold public hearings, and issue such orders as it deems necessary to insure compliance with the provisions of the Acts cited in subsection (b). The provisions of subchapter I I of chapter 5. 5 u s e 551, 701. and chapter 7 of title 5, United States Code, shall apply to procedures under this section, and an order of compliance issued by the Board shall be a final order for purposes of judicial review.
87 STAT. ] PUBLIC LAW 93-112-SEPT. 26, 1973 393 (e) The Board is authorized to appoint as many hearing examiners as are necessary for proceedings required to be conducted under this section. The provisions applicable to hearing examiners appointed under section 3105 of title 5, United States Code, shall apply to hearing 80 Stat. 415. examiners appointed under this subsection. (f) The departments or agencies specified in subsection (a) of this Technical assistance., section shall make available to the Board such technical, administra- tive, or other assistance as it may require to carry out its functions under this section, and the Board may appoint such other advisers, technical experts, and consultants as it deems necessary to assist it in (tarrying out its functions under this section. Special advisory and technical experts and consultants appointed pursuant to this subsection shall, while performing their functions under this section, be entitled to receive compensation at rates fixed by the Secretary, but not exceed- ing the daily pay rate, for a person employed as a GS-18 under section .5332 of title 45, United States Code, including traveltime, and while 5 u s e 5332 note. serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of such title 5 for persons in the Govern- 80 Stat. 499; 83 Stat. 190. ment service employed intermittently. (g) The Board shall, at the end of each fiscal year, report its activi- Report to Congress. ties during the preceding fiscal year to the Congress. Such report shall include an assessment of the extent of compliance with the Acts cited in subsection (b) of this section, along with a description and analysis of investigations made and actions taken by the Board, and the reports and recommendations described in clauses (5) and (6) of subsection (b) of this section. The Board shall prepare two final reports of its activities under subsection (c). One such report shall be on its activities in the field of transportation barriers to handicapped individuals, and the other such report shall be on its activities in the field of the housing needs of handicapped individuals. The Board shall, prior to January 1, Report to the 1975, submit each such report, together with its recommendations, to President and Congress. the President and the Congress. The Board shall also prepare for such submission an interim report of its activities in each such field within 18 months after the date of enactment of this Act. (h) There are authorized to be appropriated for the purpose of Appropriation. carrying out the duties and functions of the Board under this section $1,000,000 each for the fiscal years ending June 30,1974, and June 30, 1975. KMPLOYMEXT UXnEK FEOPmAL CONTRACTS SEC. 503. (a) Any contract in excess of $2,500 entered into by any Federal department or agency for the procurement of personal prop- erty and nonpersonal services (including construction) for the ITnited States shall contain a provision requiring that, in employing persons to carry out such contract the party contracting with the United States shall take affirmative action to employ and advance in employ- ment qualified handicapped individuals as defined in section 7(6). Ante, p. 361. The provisions of this section shall apply to any subcontract in excess of $2,500 entered into by a prime contractor in carrying out anv con- tract for the procurement of personal property and nonpersonal serv- ices (including construction) for the United States. The President shall implement the provisions of this section by promulgating regu- lations within ninety days after the date of enactment of this section. (b) If any handicapped individual believes any contractor has failed or refuses to comply with the provisions of his contract with the United States, relating to employment of handicapped individuals,
394 PUBLIC LAW 93-113-OCT. 1, 1973 [87 STAT. such individual may file a complaint with the Department of Labor. The Department shall promptly investigate such complaint and shall take such action thereon as the facts and circumstances warrant, con- sistent with the terms of such contract and the laws and regulations applicable thereto. Waiver authority. (Q) f h e requirements of this section may be waived, in whole or in part, by the President with respect to a particular contract or sub- contract, in accordance with guidelines set forth in regulations which he shall prescribe, when he determines that special circumstances in the national interest so require and states in writing his reasons for such determination. NONDISCRIMINATION UNDER FEDERAL GRANTS SEC. 504. No otherwise qualified handicapped individual in the Ante, p. 361. United States, as defined in section 7(6), shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Approved September 26, 1973. Public Law 93-113 October 1, 1973 AN A C T [s. 1148] To provide for the operation of programs by the ACTION Agency, to establish certain new such programs, and for other purposes. Be it enacted hy the Senate and House of Representatives of the D omestic voiun- United States of America in Congress assembled^ That this Act, with teer m's^^'"'''^ ^""^ ° the following table of contents, may be cited as the "Domestic Volun- teer Service Act of 1973": T A B L E O F CONTENTS T I T L E I—NATIONAL V O L U N T E E R A N T I P O V E R T Y PROGRAMS P A E T A—VOLUNTEERS I N SERVICE TO AMERICA Sec. 101. Statement of purpose. Sec. 102. Authority to operate VISTA program. Sec. 103. Assignment of volunteers. Sec. 104. T e r m s a n d periods of service. , - , ;. . Sec. 105. Support services. Sec. 106. Participation of beneficiaries. . : Sec. 107. Participation of older persons. P A R T B—SERVICE-LEARNING PROGRAMS Sec. 111. Statement of purpose. Sec. 112. Authority t o operate University Year for ACTION program. Sec. 113. Special conditions. Sec. 114. Special service-learning programs. P A R T C—SPECIAL. VOLUNTEEE PROGRAMS Sec. 121. Statement of purpose. Sec. 122. Authority to establish a n d operate programs.