87 STAT 38 3 Technical assistance. 5 USC 5332 note. 80 Stat. 499; 83 Stat. 190. Appropriation. Establishment, contract authority. Pub. Law 93-112 28 - September 26, 1973 (e) (1) The Secretary is authorized, directly or by contract with 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 employed as a GS-18, under section 5332 of title 5, United States Code, 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 employed intermittently. NATIONAL CENTER FOR DEAF-BLIND YOUTHS AND ADULTS SEC. 305. (a) 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) 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 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 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 Deaf-Blind Youths and Adults. (c) Any agency or organization desiring to enter into such agreement shall submit a proposal there for 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. 27-081 (Pt. 2) O 74-3 September 26, 1973 - 29 Pub. Law 93-112 87 STAT 384 GENERAL GRANT AND CONTRACT REQUIREMENTS SEC. 306. (a) The provisions of this section shall apply to all projects Applicability. approved and assisted under this title. The Secretary shall insure compliance with this section prior to making any grant or entering into any contract or agreement under this title, except projects authorized under section 302. (b) To be approved, an application for assistance for a construction Construction project under this title mustproject approval, (1) contain or be supported by reasonable assurances that (A) for a period of not less than twenty years after completion of conditions. construction of the project it will be used as a public or nonprofit facility, (B) sufficient funds will be available to meet the nonFederal 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 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; (3) provide that the agency or organization receiving Federal funds under this title 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 404; (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 (Public Law 90-480)), 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 (40 U.S.C. 276a-276a-5) ; 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 (15 F.R. 3176) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). (c) Upon approval of any application for a grant or contract for a project under this title, the Secretary shall reserve, from any appropriation available therefore, the amount of such grant or contract determined under this title. 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. Report, transmittal to Congress. Post, p. 387. 82 Stat. 718; 84 Stat. 49. 42 USC 4151. 49 Stat. 1011; 78 Stat. 238. 64 Stat. 1267; 87 STAT. 385 Workshops, residential acomodations. Sectarian activ Pub. Law 93-112 - 30 September 26, 1973 (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 amount 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 conditions, as the Secretary may determine. (f) 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) No funds provided under this title may be used to assist in the ity, funds pro- construction of any facility which is or will be used for religious worship or any sectarian activity. hibition. Ante, p. 363. (h) When in any State, funds provided under this title 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 101. (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. TITLE IV-ADMINISTRATION AND PROGRAM AND Technical assistance to States. ADMINISTRATION SEC. 400. (a) In carrying out his duties under this Act, the Secretary shall Short-term traineeships. (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 September 26, 1973 31 Pub. Law 93-112 87 STAT 386 (3) disseminate information relating to vocational rehabilita- Information tion services, and otherwise promote the cause of the rehabilitation dissemination. of handicapped individuals and their greater utilization in gainful and suitable employment. (b) The Secretary is authorized to make rules and regulations gov- Rules and reguerning the administration of this title and titles I through III of this lations. Act, and, except as otherwise provided in this Act, to delegate to any Ante, pp. 363, officer or employee of the United States such of his powers and duties 377. under such titles, except the making of rules and regulations, as he finds necessary to carry out the provisions of such titles. Such rules Publication in and regulations shall be published in the Federal Register, on at least Federal Regan interim basis, no later than ninety days after the date of enactment ister. of this Act. (c) The Secretary is authorized (directly or by grants or contracts) Investigative to conduct studies, investigations, and evaluation of the programs authority of authorized by this Act, and to make reports, with respect to abilities, Secretary. 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) 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. (e) In carrying out his duties under this Act, the Secretary shall Disabled vetinsure the maximum coordination and consultation, at both national erans, program and local levels, with the Administrator of Veterans' Affairs and his coordination. designees with respect to programs for and relating to the rehabilitation of disabled veterans carried out under title 38, United States Code. PROGRAM AND PROJECT EVALUATION SEC. 401. (a) (1) The Secretary shall measure and evaluate 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 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 activi 72 Stat. 1171. 38 USC 1501 et seg. ties carried out under section 202, shall, after taking into consideration Ante, p. 375. the views of State agencies designated pursuant to section 101, on an Ante, p. 363. 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 202, whether and on what basis such activities should be continued, revised, or terminated. (3) The Secretary shall, within 12 months after the date of enact- Report to ment of this Act, and on each April 1 thereafter, prepare and furnish congressional to the appropriate committees of the Congress a complete report on committees. 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. 87 STAT 387 Evaluation standards, publication. Ante, p. 363. Program participants' views. Evaluative re Pub. Law 93-112 32 September 26, 1973 (b) Effective July 1, 1974, before funds for the programs and projects covered by this Act are released, the Secretary shall develop and 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 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) In carrying out evaluations under this title, the Secretary shall, whenever possible, arrange to obtain the specific views of persons participating 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 search results, 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. publication. Transmittal to congressional 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. Ante, pp. 363, 374, 377. Annual sub dent and Con gress. OBTAINING INFORMATION 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, II, and III of this Act or $1,000,000, whichever is greater, to be available to conduct program and project evaluations as required by this title. REPORTS SEC. 404. Not later than one hundred and twenty days after the close mittal to Presi- 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 Act. 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 title I of this Act, especially services to those with the most severe handicaps. |