September 26, 1973 - 33 Pub. Law 93-112 SECRETARIAL RESPONSIBILITIES SEC. 405. (a) 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— 87 STAT 388 (1) prepare for submission to the Congress within eighteen Services, longmonths after the date of enactment of this Act, a long-range pro- range projeojection for the provision of comprehensive services to handicapped tion, submittal individuals and for programs of research, evaluation, and train- to Congress. ing related to such services and individuals; (2) analyze on a continuing basis and include in his report submitted under section 404, 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 Information resource availability for handicapped individuals through (A) olearinghouse. 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 provide (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) In selecting personnel to assist in the performance of the func- Personnel tions assigned in subsection (a) of this section, the Secretary shall give selection. special emphasis to qualified handicapped individuals. 87 STAT 389 Office for the Handicapped, establishment. Appropriation. Funds, avail fication of congressional committees. (c) 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) 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) Not later than thirty days after the appropriation Act conability, noti- taining sums for carrying out the provisions of this Act 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. Ante, p. 363. Report to Ante, p. 370. 79 Stat. 1282. 29 USC 32. SHELTERED WORKSHOP 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 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) 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 pur suant to section 101. (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 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, 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 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 Act. September 26, 1973 - 35 Pub. Law 93-112 87 STAT 390 (b) Not later than June 30, 1974, the Secretary shall report to the Report to Congress his findings and recommendations, including recommenda- Congress. 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 pro 79 Stat. 2182; SEC. 500. (a) The Vocational Rehabilitation Act (29 U.S.C. 31 Repeal. et seq.) is repealed ninety days after the date of enactment of this Act 68 Stat. 652; and references to such Vocational Rehabilitation Act in other any vision of law shall, ninety days after such date, be deemed to be refer- 82 Stat. 297. ences to the Rehabilitation Act of 1973. Unexpended appropriations Unused funds. for carrying out the Vocational Rehabilitation Act may be made available to carry out this Act, as directed by the President. Approved Savings proState plans for vocational rehabilitation, approved projects, and con- vision. 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. (b) The authorizations of appropriations in the Vocational Reha- Appropriations, bilitation Act are hereby extended at the level specified for the fiscal extension. year 1972 for the fiscal year 1973. EMPLOYMENT OF HANDICAPPED INDIVIDUALS 5 USC 5315 note. SEC. 501. (a) There is established within the Federal Government Interagency an Interagency Committee on Handicapped Employees (hereinafter Committee on in this section referred to as the "Committee"), comprised of such Handicapped members as the President may select, including the following (or their Employees, designees whose positions are Executive Level IV or higher): the establishment. Chairman of the Civil Service Commission, the Administrator of 83 Stat. 864. 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 Committee function of the Committee (1) to provide a focus for Federal and other functions. 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 basis of such review and consultation, the Committee shall periodically 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. (b) Each department, agency, and instrumentality (including the Federal agencies, United States Postal Service and the Postal Rate Commission) in the affirmative aoexecutive branch shall, within one hundred and eighty days after the tion program date of enactment of this Act, submit to the Civil Service Commission plans. 87 STAT 391 Rehabilitated individuals, employment. Report to congressional committees. Unpaid Federal work experience. Federal agency cooperation. Establishment; membership. 83 Stat. 864. 5 USC 5315 note. Pub. Law 93-112 - 36 September 26, 1973 and to the Committee an affirmative action program plan for the hiring, 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 advancement opportunities for handicapped individuals. (c) The Civil Service Commission, after consultation with the Committee, shall develop and recommend to the Secretary for referral to 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 vocational rehabilitation programs, veterans' programs, or any other program 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 Committee, shall, on June 30, 1974, and at the end of each subsequent fiscal 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 submitted 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 Committee 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 rehabilitation program under a State plan approved under this Act, 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 compensation, leave, unemployment compensation, and Federal employee benefits. (f) (1) The Secretary of Labor and the Secretary of Health, Education, and Welfare are authorized and directed to cooperate with the President's Committee on Employment of the Handicapped in carrying out its functions. (2) In 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 AND TRANSPORTATION BARRIERS COMPLIANCE BOARD SEC. 502. (a) There is established within the Federal Government the Architectural and Transportation Barriers Compliance Board (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 IV or higher): (1) Department of Health, Education, and Welfare; (3) Department of Housing and Urban Development; September 26, 1973 37 Pub. Law 93-112 (5) Department of the interior; (6) General Services Administration; 87 STAT 392 (b) It shall be the function of the Board to: (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 (Public Law 91-205); (2) investigate and examine alternative 82 Stat. 718; approaches to the architectural, transportation, and attitudinal bar- 84 Stat. 49. riers confronting handicapped individuals, particularly with respect to 42 USC 4151. public buildings and monuments, parks and parklands, public transportation (including air, water, and surface transportation whether interstate, foreign, intrastate, or local), and residential and institutional housing; (3) determine what measures are being taken by Federal, State, and local governments and by other public or nonprofit agencies to eliminate the barriers described in clause (2) of this subsection; (4) promote the use of the International Accessibility Symbol International in all public facilities that are in compliance with the standards pre- Accessibility scribed by the Administrator of the General Services Administration, Symbol, prothe Secretary of Defense, and the Secretary of Housing and Urban motion. Development pursuant to the Architectural Barriers Act of 1968; (5) Reports to make to the President and to Congress reports which shall describe in President and detail the results to its investigations under clauses (2) and (3) of Congress. 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. (c) The Board shall also (1) (A) determine how and to what extent Transportation transportation barriers impede the mobility of handicapped individ- barriers. 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 individuals are unable to use mass transit systems or need special equipment 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 sheltered housing needs; and (3) prepare plans and proposals for such further actions as may be necessary to the goals of adequate transportation 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) In 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 II of chapter 5. and chapter 7 of title 5, United States Code, shall apply to procedures 5 USC 551, under this section, and an order of compliance issued by the Board 701. shall be a final order for purposes of judicial review. |