68 Stat. 659. Appropriation. 79 STAT. 1291 DELETION OF ECONOMIC NEED AS REQUIREMENT FOR SERVICES SEC. 6. (a) Section 11(a) of the Vocational Rehabilitation Act (29 U.S.C. 41) is amended by striking out "in the case of any such individual found to require financial assistance with respect thereto,". (b) Paragraph (6) of section 11(a) of such Act is amended by striking out "(except where necessary in connection with determinations of eligibility or nature or scope of services)". RESEARCH AND INFORMATION SEC. 7. (a) Effective July 1, 1965, section 7(a) of the Vocational Rehabilitation Act (29 U.S.C. 37(a)) is amended by deleting paragraph (1); by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; and by striking out, in the paragraph herein redesignated as paragraph (3), "as to the studies, investigations, demonstrations, and reports referred to in paragraph (1) and other matters". (b) Effective July 1, 1965, section 7 of such Act (20 U.S.C. 37) is amended by adding at the end thereof the following new subsection: "(c) The Secretary is authorized, directly or by contract "(1) to conduct research, studies, investigations, and demonstrations, and to make reports, with respect to abilities, aptitudes, and capacities of handicapped individuals, development of their potentialities, and their utilization in gainful and suitable employment; and "(2) to plan, establish, and operate an information service, to make available to agencies, organizations, and other groups and persons concerned with vocational rehabilitation, information on rehabilitation resources useful for various kinds of disability and on research and the results thereof and on other matters which may be helpful in promoting the rehabilitation of handicapped individuals and their greater utilization in gainful and suitable employment. "(d) There are authorized to be appropriated for the fiscal year ending June 30, 1966, and each succeeding fiscal year, such sums as may be necessary for carrying out the purposes of this section." FLEXIBILITY IN STATE ADMINISTRATION SEC. 8. (a) Subsection (a) of section 5 of the Vocational Rehabilitation Act (29 U.S.C. 35(a)) is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: “(1)(A) designate a State agency as the sole State agency to administer the plan, or to supervise its administration in a political subdivision of the State by a sole local agency of such political subdivision, except that where under the State's law the State blind commission, or other agency which provides assistance or services to the adult blind, is authorized to provide them vocational rehabilitation services, such commission or 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 in a political subdivision of the State by a sole local agency of such political subdivision) and a separate State agency may be designated as the sole State agency with respect to the rest of the State plan; "(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 subparagraph (A)) so much of the State plan as does not relate to services for the blind, shall be (i) a State agency primarily concerned with vocational rehabilitation, or vocational and other rehabilitation, of disabled individuals, (ii) the State agency administering or supervising the administration of education 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 paragraph (1)(B) (i)— "(A) that the State agency designated pursuant to paragraph (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 rehabilitation, of disabled 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 paragraph (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 pursuant to paragraph (1), 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 organizational unit of such agency, with the provisions of this paragraph (2) applying separately to each of such units." 79 STAT. 1292 (b) The amendments made by subsection (a) shall become effective Effective date. July 1, 1967, except that, in the case of any State, such amendments shall be effective on such earlier date (on or after the date of enactment of this Act) as such State has in effect an approved plan meeting the requirements of the Vocational Rehabilitation Act as amended by subsection (a). SPECIAL SERVICES FOR THE BLIND AND THE DEAF SEC. 9. So much of subsection (a) of section 11 of the Vocational Rehabilitation Act (29 U.S.C. 41(a)) as precedes paragraph (1) is 68 Stat. 659. amended by inserting after the second semicolon "provision, in the case of handicapped individuals, of reader services for such individuals who are blind and of interpreter services in the case of such individuals who are deaf;”. SERVICES TO DETERMINE REHABILITATION POTENTIAL OF RECIPIENT SEC. 10. (a) Subsection (b) of section 11 of the Vocational Rehabilitation Act (29 U.S.C. 41(b)) is amended by inserting before the period at the end thereof: "; except that nothing in the preceding provisions of this subsection or in subsection (a) shall be construed to exclude from 'vocational rehabilitation services' any goods or serv 68 Stat. 659. 29 USC 41. Applicability. National Advisory 60 Stat. 808; 75 Stat. 339, 340. 29 USC 35. 29 USC 38. 79 STAT. 1293 ices provided to an individual who is under a physical or mental disability which constitutes a substantial handicap to employment, during the period, not in excess of eighteen months in the case of any individual who is mentally retarded or has a disability designated for this purpose by the Secretary, or six months in the case of an individual with any other disability, determined (in accordance with regulations of the Secretary) to be necessary for, and which are provided for the purpose of, ascertaining whether it may reasonably be expected that such individual will be rendered. fit to engage in a remunerative occupation through the provision of goods and services described in subsection (a), but only if the goods or services provided to him during such period would constitute vocational rehabilitation services' if his disability were of such a nature that he would be a 'handicapped individual' under such preceding provisions of this subsection". (b) The amendment made by subsection (a) shall apply in the case of expenditures made after June 30, 1965, under a State plan approved under the Vocational Rehabilitation Act. MANAGEMENT SERVICES AND SUPERVISION OF BUSINESS ENTERPRISES OF SEC. 11. Effective July 1, 1966, section 11 (a) (7) of the Vocational Rehabilitation Act (29 U.S.C. 41(a)(7)) is amended to read as follows: "(7) in the case of any type of small business operated by the severely handicapped the operation of which can be improved by management services and supervision provided by the State agency, the provision of such services and supervision, alone or together with the acquisition by the State agency of vending stands or other equipment and initial stocks and supplies; and". TECHNICAL AMENDMENTS SEC. 12. (a) Section 4(d) (3) of the Vocational Rehabilitation Act (29 U.S.C. 34(d) (3)) is amended to read as follows: "(3) Appointed members of the Council, while attending meetings or conferences thereof or otherwise serving on business of the Council or at the request of the Secretary, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time, 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 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b2) for persons in the Government service employed intermittently." (b) (1) The last sentence of section 4(a), the second sentence of section 4(d) (1), the first sentence of section 4(d) (2), section 5(a) (4), the paragraphs of section 7(a) redesignated (by section 7 of this Act) as paragraphs (1) and (3), the portion of section 11(a) preceding paragraph (1), paragraph (8) of section 11(a), section 11 (b), and so much of section 11 (c) as precedes paragraph (1), of such Act, are each amended by striking out "physically handicapped individuals" and inserting in lieu thereof "handicapped individuals". (2) The third sentence of section 4(d) (1) of such Act is amended by striking out "physically handicapped" and inserting in lieu thereof "handicapped". (3) Section 8 of such Act is amended by striking out "Physically Handicapped" and inserting in lieu thereof "Handicapped" and by striking out "handicapped individuals" and inserting in lieu thereof "individuals". 79 STAT. 1294 (c) Section 11(d) of such Act is amended by striking out "severely 68 Stat. 660. handicapped individuals" and inserting in lieu thereof "the severely 29 USC 41. handicapped". (d) Subsections (a), (b), and (d) of section 11 of such Act are amended by striking out "remunerative" and inserting in lieu thereof "gainful". FEDERAL SHARE SEC. 13. (a) Effective for the fiscal year ending June 30, 1966, section 11(i) of the Vocational Rehabilitation Act is amended to read as follows: "(i) The term 'Federal share' for any State shall be equal to its Federal share as determined hereunder for the fiscal year ending June 30, 1965, plus one-half the difference between such share and 75 per centum." (b) Effective for fiscal years beginning after June 30, 1966, such section 11 (i) is amended to read as follows: "(i) The term 'Federal share' means 75 per centum." PRESIDENT'S COMMITTEE ON NATIONAL EMPLOYMENT OF THE HANDICAPPED SEC. 14. The joint resolution entitled "Joint resolution authorizing an appropriation for the work of the President's Committee on National Employ the Physically Handicapped Week", approved July 11, 1949 (63 Stat. 409), as amended, is amended by striking out "$400,000" 78 Stat. 221. and inserting in lieu thereof "$500,000”. Approved November 8, 1965. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 432 (Comm. on Education & Labor) and No. 1204 (Comm. of Conference). SENATE REPORT No. 806 (Comm. on Labor & Public Welfare). July 29: Oct. 1: Considered and passed House. Considered and passed Senate, amended. Public Law 89-411 Joint Resolution To provide for the designation of the week beginning April 23, 1967, as "Youth Resolved by the Senate and House of Representatives of the United 80 STAT. 134 States of America in Congress assembled, That the President is Youth Temperance authorized and requested to issue a proclamation designating the week Education Week. beginning April 23, 1967, as "Youth Temperance Education Week", Designation. and inviting the people of the United States to cooperate during such week with programs of temperance education. Approved May 4, 1966. LEGISLATIVE HISTORY: HOUSE REPORT No. 1422 (Comm. on the Judiciary). Mar. 4: Considered and passed Senate. Apr. 19: Considered and passed House, amended. Apr. 21: Senate concurred in House amendments, with amendments. (617) |