§ 775. National Center for Deaf-Blind Youths and Adults.

(a) Authorization of appropriations.

For the purpose of establishing and operating a National Center for Deaf-Blind Youths and Adults, there is authorized to be appropriated such sums as may be necessary for construction, 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) Statement of purposes; agreement for establishment and operation; designation.

In order

(1) to demonstrate methods of (A) providing the specialized intensive services, and other services, needed to rehabilitate handicapped 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 training to such personnel who have been or will be working with deafblind 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 776 of this title, is authorized to enter into an agreement with any public or nonprofit agency or organization for payment by the United States of all or part of the costs of the establishment and operation, including construction and equipment, of a center for vocational rehabilitation of handicapped individuals who are both deaf and blind, which center shall be known as the National Center for DeafBlind Youths and Adults.

(c) Proposals; preference.

Any agency or organization desiring to enter into such agreement shall submit a proposal therefor at such time, in such manner, and containing such information as may be prescribed in regulations by the Secretary. In considering such proposals the Secretary shall give preference to proposals which (1) give promise of maximum effectiveness in the organization and operation of such Center, and (2) give promise of offering the most substantial skill, experience, and capability in providing a broad program of service, research, training, and related activities in the field of rehabilitation of deaf-blind individuals. (Pub. L. 93-112, title III, § 305, Sept. 26, 1973, 87 Stat. 383.)

§ 776. General grant and contract requirements. (a) Applicability of provisions; compliance with provisions, exceptions.

The provisions of this section shall apply to all projects approved and assisted under this subchapter. The Secretary shall insure compliance with this section prior to making any grant or entering into any contract or agreement under this subchapter, except projects authorized under section 772 of this title.

(b) Construction project requirements; assurances; use of funds for intended purposes; report to Congress; plans and specifications; labor standards. To be approved, an application for assistance for a construction project under this subchapter 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 organization under this subchapter 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;

(3) provide that the agency or organization receiving Federal funds under this subchapter will make an annual report to the Secretary, which he shall summarize and comment upon in the annual report to the Congress submitted under section 784 of this title;

(4) be accompanied or supplemented by plans and specifications 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, and with regulations of the Secretary of 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 payments 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 with Davis-Bacon Act, as amended; and the 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 and section 276c of Title 40.

(c) Reservation of grant funds; additional payments. Upon approval of any application for a grant or contract for a project under this subchapter, the Secretary shall reserve, from any appropriation available therefore, the amount of such grant or contract determined under this subchapter. In 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.

(d) Recovery of Federal share upon cessation of public or nonprofit character of facilities.

If, within twenty years after completion of any construction project for which funds have been paid under this subchapter, 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 amount of the Federal participation bore to the cost of construction of such facility.

(e) Payments; adjustments for overpayments or underpayments; advances; reimbursement; installments; conditions.

Payment of assistance or reservation of funds made pursuant to this subchapter 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 conditions, as the Secretary may determine.

(f) Workshops; residential accommodations.

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

(g) Sectarian activities; funds prohibition.

No funds provided under this subchapter may be used to assist in the construction of any facility which is or will be used for religious worship or any sectarian activity.

(h) Execution of direct services to handicapped individuals.

When in any State, funds provided under this subchapter will be used for providing direct services to handicapped individuals or for establishing 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 721 of this title.

(i) State agency commentary on grant or contract.

Prior to making any grant or entering into any contract under this subchapter, the Secretary shall afford reasonable opportunity to the appropriate State agency or agencies designated pursuant to section 721 of this title to comment on such grant or contract. (Pub. L. 93-112, title III, § 306, Sept. 26, 1973, 87 Stat. 384.)

REFERENCES IN TEXT

Architectural Barriers Act of 1968, referred to in subsec. (b) (4), is classified to chapter 51 of Title 42, The Public Health and Welfare.

Davis-Bacon Act, as amended, referred to in subsec. (b) (5), is classified to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works.

Reorganization Plan Numbered 14 of 1950, referred to in subsec. (b) (5), is set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 721, 762, 771, 773, 774, 775 of this title.

SUBCHAPTER IV.-ADMINISTRATION AND PROGRAM AND PROJECT EVALUATION

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 702 of this title. § 780. Administration.

(a) Technical assistance to States; short-term traineeships; limitation of training or instruction period; specialized fields; information dissemination; promotion of rehabilitation and employment of handicapped individuals.

In carrying out his duties under this chapter, the Secretary shall

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

(2) provide short-term training and instruction in technical matters 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 course 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 handicapped individuals, and other specialized fields contributing to the rehabilitation of handicapped individuals; and

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

(b) Rules and regulations; publication in Federal Register; delegation of powers and duties. The Secretary is authorized to make rules and regulations governing the administration of this subchapter and subchapters I through III of this chapter, and, except as otherwise provided in this chapter, to delegate to any officer or employee of the United States such of his powers and duties under such subchapters, except the making of rules and regulations, as he finds necessary to carry out the provisions of such subchapters. Such rules and regulations shall be published in the Federal Register, on at least an interim basis, no later than ninety days after September 26, 1973.

(c) Investigative authority of Secretary.

The Secretary is authorized (directly or by grants or contracts) to conduct studies, investigations, and evaluation of the programs authorized by this chapter, and to make reports, with respect to abilities, aptitudes, and capacities of handicapped individuals, development of their potentialities, their utilization

in gainful and suitable employment, and with respect to architectural, transportation, and other environmental and attitudinal barriers to their rehabilitation, including the problems of homebound, institutionalized, and older blind individuals.

(d) Department of Health, Education, and Welfare appropriation; inclusion of sums for administration of chapter.

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 chapter.

(e) Disabled veterans; program coordination.

In carrying out his duties under this chapter, the Secretary shall 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 rehabilitation of disabled veterans carried out under Title 38. (Pub. L. 93-112, title IV, § 400, Sept. 26, 1973, 87 Stat. 385.)

§ 781. Program and project evaluation.

(a) Statement of purpose; persons eligible for conducting evaluations; duties of Secretary; reports to Congressional committees.

(1) The Secretary shall measure and evaluate the impact of all programs authorized by this chapter, 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 appropriate, comparisons with appropriate control groups composed of persons who have not participated in such programs. Evaluations shall be conducted by persons not immediately involved in the administration of the program or project evaluated.

(2) In carrying out his responsibilities under this subsection, the Secretary, in the case of research, demonstrations, and related activities carried out under section 762 of this title, shall, after taking into consideration the views of State agencies designated pursuant to section 721 of this title, on an annual basis

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

(B) review present research, demonstration, and related activities to determine, in terms of the purpose specified for such activities by subsection (a) of section 762 of this title, whether and on what basis such activities should be continued, revised, or terminated.

(3) The Secretary shall, within 12 months after September 26, 1973, 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 recommendations for additional legislation, as he deems appropriate.

(b) General evaluation standards; development and publication; renewal or supplementation of financial assistance; description in reports of action taken.

Effective July 1, 1974, before funds for the programs and projects covered by this chapter are

released, the Secretary shall develop and publish general standards for evaluation of the programs and project effectiveness in achieving the objectives of this chapter. 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 721 of this title, whether to renew or supplement financial assistance authorized under any section of this chapter. Reports submitted pursuant to section 784 of this title shall describe the actions taken as a result of these evaluations.

(c) Program participants' views.

In carrying out evaluations under this subchapter, the Secretary shall, whenever possible, arrange to obtain the specific views of persons participating in and served by programs and projects assisted under this chapter about such programs and projects. (d) Evaluative research results and summaries; publication; transmittal to Congressional committees. The Secretary shall publish the results of evaluative research and summaries of evaluations of program and project impact and effectiveness no later than ninety days after the completion thereof. The Secretary shall submit to the appropriate committees of the Congress copies of all such research studies and evaluation summaries.

(e) Property of United States.

The Secretary shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with assistance under this chapter shall become the property of the United States. (Pub. L. 93-112, title IV, § 401, Sept. 26, 1973, 87 Stat. 386.)

§ 782. Obtaining information from Federal agencies.

Such information as the Secretary may deem necessary for purposes of the evaluations conducted under this subchapter shall be made available to him, upon request, by the agencies of the executive branch. (Pub. L. 93-112, title IV, § 402, Sept. 26, 1973, 87 Stat. 387.)

§ 783. Authorization of appropriations.

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 subchapters I, II, and III of this chapter or $1,000,000, whichever is greater, to be available to conduct program and project evaluations as required by this subchapter. (Pub. L. 93-112, title IV, § 403, Sept. 26, 1973, 87 Stat. 387.)

§ 784. Reports to President and Congress; contents: statistical data, specific distinguishment of services, and detailed evaluation of subchapter I services.

Not later than one hundred and twenty days after the close of each fiscal year, the Secretary shall prepare and submit to the President and to the Congress a full and complete report on the activities carried out under this chapter. Such annual reports shall include (1) statistical data reflecting, with the maximum feasible detail vocational rehabilitation services provided handicapped individuals during

the preceding fiscal year, (2) specifically distinguish among rehabilitation closures attributable to physical restoration, placement in competitive 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 subchapter I of this chapter, especially services to those with the most severe handicaps. (Pub. L. 93-112, title IV, § 404, Sept. 26, 1973, 87 Stat. 387.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 764, 776, 781, 785 of this title.

§ 785. Secretarial responsibilities.

(a) Comprehensive services, long-range projection: submittal to Congress; analysis of program operation; coordinated and cooperative planning; utilization of engineering and other scientific research in described areas; information clearinghouse. It 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

(1) prepare for submission to the Congress within eighteen months after September 26, 1973, a long-range projection for the provision of comprehensive services to handicapped individuals and for programs of research, evaluation, and training related to such services and individuals;

(2) analyze on a continuing basis and include in his report submitted under section 784 of this title, a report on the results of such analysis, program operation to determine consistency with applicable provisions 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 engineering and other scientific research to assist in solving problems in education (including promotion of the development of curriculums 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;

(5) provide a central clearinghouse for information and resource availability for handicapped individuals through (A) the evaluation of systems within the Department of Health, Education, and Welfare, other departments and agencies of the Federal Government, public and private agencies and organizations, and other sources, which pro

vide (i) information and data regarding the location, provision, and availability of services and programs 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 regarding the information and data referred to in subclause (A) of this clause to the Congress, public and private agencies and organizations, handicapped individuals and their families, professionals in fields serving such individuals, and the general public.

(b) Personnel selection.

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

(c) Delegation of functions restriction; Office for the Handicapped in office of appropriate Assistant Secretary: establishment.

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

(d) Authorization of appropriations.

There are authorized to be appropriated for carrying out this section $500,000 each for the fiscal years ending June 30, 1974, and June 30, 1975.

(e) Funds, availability; notification of Congressional committees.

Not later than thirty days after the appropriation Act containing sums for carrying out the provisions of this chapter is enacted for each fiscal year, the Secretary shall set aside out of sums available to 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. (Pub. L. 93-112, title IV, § 405, Sept. 26, 1973, 87 Stat. 388.)

§ 786. Sheltered workshop study.

(a) Original study; wage payments; guidelines.

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 Committee 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) Site visits; interviews; consultations.

The study shall include site visits to sheltered workshops, interviews with handicapped trainees or clients, and consultations with interested individuals and groups and State agencies designated pursuant to section 721 of this title.

(c) Conflict of interests.

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) Report to Congress.

The Secretary shall report to the Congress his findings and recommendations with respect to such study within twenty-four months after September 26, 1973. (Pub. L. 93-112, title IV, § 406, Sept. 26, 1973, 87 Stat. 389.)

§ 787. State allocation study; report to Congress.

(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 subchapter I of this chapter, 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 State to furnish vocational 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 enactment of this chapter.

(b) Not later than June 30, 1974, the Secretary shall report to the Congress his findings and recommendations, including recommendations 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. (Pub. L. 93-112, title IV, § 407, Sept. 26, 1973, 87 Stat. 389.)

REFERENCES IN TEXT

Section 2 of Vocational Rehabilitation Act, referred to in subsec. (a) (3), refers to section 2 of act June 2, 1920, ch. 219, 41 Stat. 735, as amended, which provided for grants to States for vocational rehabilitation services, including computation of allotments, amount of payments, adjusted Federal shares, and private contributions for construction or establishment of facilities, and which was classified to section 32 of this title, was repealed by section 500(a) of Pub. L. 93-112, effective 90 days after Sept. 26, 1973, and is now covered by sections 724, 730, and 731 of this title. See section 790 of this title.

SUBCHAPTER V.-MISCELLANEOUS

PROVISIONS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 702 of this title. § 790. Existing law affected; references in other provisions; availability of unexpended appropriations; savings provision; extension of appropriations. (a) The Vocational Rehabilitation Act is repealed ninety days after September 26, 1973, and references to such Vocational Rehabilitation Act in any other provision of law shall, ninety days after such date, be deemed to be references to the Rehabilitation Act of 1973. Unexpended appropriations for carrying out the Vocational Rehabilitation Act may be made available to carry out this chapter, as directed by the President. Approved State plans for vocational rehabilitation, approved projects, and contractual arrangements authorized under the Vocational Rehabilitation Act will be recognized under comparable provisions of this chapter so that there is no disruption of ongoing activities for which there is continuing authority.

(b) The authorizations of appropriations in the Vocational Rehabilitation Act are hereby extended at the level specified for the fiscal year 1972 for the fiscal year 1973. (Pub. L. 93-112, title V, § 500, Sept. 26, 1973, 87 Stat. 390.)

REFERENCES IN TEXT

Vocational Rehabilitation Act, referred to in the text, refers to act June 2, 1920, ch. 219, 41 Stat. 735, as amended, which was classified to chapter 4 (sections 31 to 41c and 42-1 to 42b) of this title, was repealed by subsec. (a) of this section, and is now covered by this chapter.

§ 791. Employment of handicapped individuals. (a) Interagency Committee on Handicapped Employees; establishment; membership; co-chairmen ; availability of other Committee resources; purpose and functions.

There is established within the Federal Government an Interagency Committee on Handicapped Employees (hereinafter in this section referred to as the "Committee"), comprised of such members as the President may select, including the following (or their designees whose positions are Executive Level IV or higher): the Chairman of the Civil Service Commission, the Administrator of 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-chairmen of the Committee. The resources of the President's Committees on Employment of the Handicapped and on Mental Retardation shall be made fully available to the Committee. It shall be the purpose and 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 handicapped 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