PART B-SERVICES TO THE DEAF

SEC. 310. The purpose of this part is to authorize grants

(a) to assist the several States in developing and implementing a comprehensive and continuing plan for meeting the current and future needs for services to the deaf;

(b) for the evaluation of hearing loss and other disabling conditions, of the rehabilitation potential of the individual, and of the services needed, at the onset of deafness or when the hearing loss is first detected or as close to that time as possible, and reevaluation as appropriate;

(c) for provision of services to the deaf;

(d) for developing or demonstrating new or improved techniques for the provision of services to the deaf; and

(e) for training of specialized personnel needed for the provision of services to the deaf; or research related thereto.

AUTHORIZATION OF APPROPRIATIONS

SEC. 311. In order to make the grants to carry out the purposes of section 310, there are authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1973, $25,000,000 for the fiscal year ending June 30, 1974, and $40,000000 for the fiscal year ending June 30, 1975.

STATE ALLOTMENTS

SEC. 312. (a) From the sums appropriated to carry out the purposes of section 310 of each fiscal year, other than amounts reserved by the Secretary for projects under subsection (e), each State shall be entitled to an allotment of an amount bearing the same ratio to the total amount being allotted to all the States as the product of (1) the population of the State and (2) its allotment percentage (as defined in section 6) bears to the sum of the corresponding products for all the States. The allotment to any State under the preceding sentence for any fiscal year which is less than $50,000 (or such amount as may be specified as a minimum allotment in the Act appropriating sums for such year) 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 States under the preceding sentence, but with such adjustments as may be necessary to prevent the allotment of any of such remaining States from being thereby reduced to less than that amount.

(b) Whenever the State plan approved in accordance with section 313 provides for participation of more than one State agency in administering or supervising the administration of designated portions of the State plan, the State may apportion its allotment among such agencies in a manner which is reasonably related to the responsibilities assigned to such agencies in carrying out the purposes of this part. Funds so apportioned to State agencies may be combined with other State or Federal funds authorized to be spent for other purposes, provided the purposes of this part will receive proportionate benefit from the combination.

(c) Whenever the State plan approved in accordance with section 313 provides for cooperative or joint effort between States or between or among State agencies in more than one State, portions of funds allotted to one or more such cooperating States may be combined in accordance with the agreements between the agencies involved.

(d) The amount of an allotment to a State for a fiscal year which the Secretary determines will not be required by the State during the period for which it is available shall be available for reallotment by the Secretary, from time to time during the second half of the fiscal year, to other States with respect to which such a determination has not been made, and which he determines will be able to use additional amounts during such year for carrying out the purposes of this part. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for purposes of this part, be regarded as a part of such State's allotment (as determined under subsection (a)) for such year.

(e) Of the sums appropriated pursuant to section 311, such amount as the Secretary may determine, but not more than 10 per centum thereof, shall be available for grants by the Secretary to public or nonprofit private agencies to pay up to 90 per centum of the cost of projects for carrying out the purposes of section 310 which in his judgment are of special national significance because

they will assist in meeting the needs of the deaf, or will demonstrate new or improved techniques for provision of services for such persons, or are otherwise specially significant for carrying out the purposes of this part.

STATE PLANS

SEC. 313. (a) In order to be approved by the Secretary under this section, a State plan for the provision of services and facilities for the deaf must

(1) designate the State agency or agencies which under the State's law provide services to the deaf to administer or supervise the administration of the State plan and, if there is more than one such agency, the portion of such plan which each will administer (or the portion of the administration of which each will supervise);

(2) describe (A) the quality, extent, and scope of services being provided, or to be provided, to the deaf under such other State plans for federally assisted State programs as may be specified by the Secretary, but in any case including education for the handicapped, vocational rehabilitation, public assistance, medical assistance, social services, maternal and child health, crippled children's services, and comprehensive health and mental health plans, (B) the quality, extent, and scope of services being provided to the deaf by State programs which are not federally assisted, and (C) how funds allotted to the State in accordance with section 312 will be used to complement and augment rather than duplicate or replace services and facilities for the deaf, under the programs described in (A) and (B) of this paragraph;

(3) set forth policies and procedures for the expenditure of funds under the plan, which, in the judgment of the Secretry, are designed to assure effective continuing State planning, evaluation, and delivery of services to the deaf;

(4) contain or be supported by assurances satisfactory to the Secretary that (A) funds paid to the State under this part will be used to make a significant contribution toward strengthening services to the deaf in the various political subdivisions of the State in order to improve the quality, scope, and extent of such services; (B) part of such funds will be made available, by grant or contract, to other public or nonprofit private agencies, institutions, and organizations as appropriate; (C) such funds will be used to supplement and, to the extent practicable, to increase the level of funds that would otherwise be made available for the purposes for which the Federal funds are provided and not to supplant such non-Federal funds; and (D) there will be reasonable State financial participation in the cost of carrying out the State plan;

(5) (A) provide for the furnishing of services and facilities for the deaf, and (B) describe the quality, extent and scope of such services as will be provided to eligible persons;

(6) describe the eligibility criteria in accordance with the definition of deafness as defined by the Secretary and provide that no person shall be excluded from eligibility because of age or residence requirements;

(7) provided that services and facilities furnished under the plan for the deaf will be in accordance with standards prescribed by regulations, including standards as to the scope and quality of such services and the maintenance and operation of such facilities;

(8) provide such methods of administration, other than methods relating to the establishment and maintenance of personnel standards, as are found by the Secretary to be necessary for the proper and efficient administration of the plan;

(9) provide that the State agencies designated pursuant to paragraph (1) will make such reports, in such form and containing such information, as the Secretary may from time to time reasonably require, and will keep such records and afford such access thereto as the Secretary finds necessary to assure the correctness and verification of such reports;

(10) desribe the methods to be used to assess the effectiveness and accomplishments of the State in meeting the needs of the deaf in the State, including the methods to be used in obtaining the participation of the deaf in such assessments;

(11) provide for such fiscal control and fund accounting procedures as may be necessary to assure the proper disbursement of and accounting for funds paid to the State under this part; and

(12) contain such additional information and assurances as the Secretary may find necessary to carry out the provisions and purposes of this part. (b) The Secretary shall approve any State plan and any modification thereof which complies with the provisions of paragraph (a). The Secretary shall not finally disapprove a State plan except after reasonable notice and opportunity for a hearing to the State.

(c) The Secretary shall discontinue payments under this part in the same manner and on the same basis as he is required by section 104 (c) to discontinue payments under title I, and judicial review of such action shall be had in the same manner as is provided in section 104(d) for similar action taken by him under section 104 (c).

PAYMENTS TO STATE FOR PLANNING, ADMINISTRATION, AND SERVICES

SEC. 314. (a) From each State's allotment for a fiscal year under section 312, the State shall be paid the Federal share of the expenditures incurred during such year under its State plan approved under section 313. Such payments may be made (after necessary adjustments 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.

(b) For the purpose of determining the Federal share with respect to any State, expenditures by a political subdivision thereof shall, subject to such limitations and conditions as may be prescribed by regulations, be regarded as expenditures by such State.

(c) The Federal share with respect to any State shall be 80 per centum of the expenditures incurred by the State during such year under its State plan approved under section 313.

DEFINITIONS

SEC. 315. For the purposes of this part

(a) The terms "deaf" and "deafness" include those with severe hearing impairments as defined by the Secretary in regulations, including such a person who has one or more other disabling conditions.

(b) The terms "evaluation" and "reevaluation" include, as appropriate in each case such services as (1) a preliminary diagnostic study to determine the degree of hearing loss; and (2) a thorough diagnostic study consisting of a comprehensive evaluation of pertinent audiological, medical, psychological, social and other factors which bear on the individual's handicap and rehabilitation potential, and other pertinent data helpful in determining the nature and scope of services needed.

(c) (1) The term "services to the deaf" includes, but is not limited to: (A) hearing tests, outreach, advocacy, and other activities relating to the identification of the deaf and their referral for needed services; (B) surgical or therapeutic treatment necessary to prevent, correct, or substantially modify the hearing loss and other disabilities, including otological psychiatric, and other specialty services as needed; and hospitalization in connection therewith; (C) provision of hearing aids and other aids and materials to improve communication and independent living; (D) the development of language and of communication skills. and speech therapy; (E) activities of daily living: (F) individual and family counseling; and (G) supportive services such as day care, protective and other social and sociolegal services, interpreter services, information and referral services, follow along services, and transportation services necessary to assure delivery of services.

(2) Such term also includes: (A) the establishment and maintenance of a register of the deaf; (B) cooperative and other arrangements for the provision of opportunities for learning and social experiences, including such opportunities for young, deaf children; and (D) necessary cost of administering programs providing services to the deaf under the State plan approved in accordance with section 313.

(3) Any medical or medically related services (other than those related to screening and evaluation) or any supportive services related to maintenance under paragraph (1) shall be provided only after full consideration of eligibility of the deaf individual for any similar benefit by way of pension, compensation, and insurance.

NONDUPLICATION

SEC. 316. 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 313 there shall be disregarded (a) any portion of such expenditures which are financed by Federal funds provided under any provision of law other than this part, and (b) the amount of any non-Federal funds required to be expended as a condition of receipt of such Federal funds.

TITLE IV-SPECIAL FEDERAL RESPONSIBILITIES

DECLARATION OF PURPOSE

SEC. 400. The purpose of this title is to

(a) authorize grants to assist in the construction and improvement of rehabilitation facilities;

(b) authorize grants for special projects which hold promise of making a substantial contribution to the solution of rehabilitation problems common to all or several States or which experiment with new services or new patterns of services for the rehabilitation of handicapped individuals (including opportunities for new careers for handicapped individuals, and for other individuals in programs serving handicapped individuals);

(c) establish a National Information and Resource Center for the Handicapped;

(d) establish and operate a National Center for Deaf-Blind Youths and Adults;

(e) establish and operate Comprehensive Rehabilitation Centers for Deaf Youths and Adults;

(f) establish a National Commission on Transportation and Housing of the Handicapped; and

(g) provide for the general administration of this Act.

AUTHORIZATION OF APPROPRIATIONS

SEC. 401 (a) For the purpose of making grants and contracts under this title for construction and for rehabilitation facility improvement and related purposes, there is authorized to be appropriated $20,000,000 for the fiscal year ending June 30, 1973, $30,000,000 for the fiscal year ending June 30, 1974, and $40,000,000 for the fiscal year ending June 30, 1975. Sums so appropriated shall remain available for payment with respect to construction projects approved or initial staffing grants made under this title prior to July 1, 1977.

(b) For the purpose of making grants under this title for special projects, there is authorized to be appropriated $100,000,000 for the fiscal year ending June 30, 1973, $125,000,000 for the fiscal year ending June 30, 1974, and $150,000,000 for the fiscal year ending June 30, 1975.

(c) For the purpose of establishing and operating a National Information and Resource Center for the Handicapped, there is authorized to be appropriated $750,000 for the fiscal year ending June 30, 1973, and for each fiscal year thereafter such sums as may be necessary.

(d) 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 each fiscal year.

(e) For the purpose of establishing and operating Comprehensive Rehabilitation Centers for Deaf Youths and Adults, there is authorized to be appropriated such sums as may be necessary for each fiscal year.

(f) For the purpose of establishing a National Commission on Transportation and Housing for the Handicapped and carrying out its functions there is authorized to be appropriated for the fiscal year ending June 30, 1973, and for each of the two succeeding fiscal years, the sum of $250,000 for each of such fiscal years.

(g) There are hereby 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, including such sums as are necessary (but not exceeding $1,000,000) for evaluation by the Secretary of the programs authorized by this Act.

ADMINISTRATION

SEC. 402. (a) In carrying out his duties under this Act the Secretary shall(1) cooperate with, and render technical assistance (directly or by 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 physical medicine and rehabilitation, physical therapy, occupational therapy, speech pathology and audiology, rehabilitation nursing, rehabilitation social work, prosthetics and orthotics, rehabilitation psychology, rehabilitation counseling, recreation for the ill and handicapped, and other specialized fields contributing to vocational rehabilitation; and

(3) disseminate information relating to vocational rehabilitation services, and otherwise promote the cause of rehabilitation of handicapped individuals and their greater utilization in gainful and suitable equipment. (b) The Secretary is authorized to make rules and regulations governing the administration of this Act, and to delegate to any officer or employee of the United States such of his powers and duties, except the making of rules and regulations, as he finds necessary in carrying out the purposes of this Act.

(c) The Secretary is authorized (directly or by grants or contracts) to conduct research, studies, investigations, demonstrations, 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 employment, and with respect to architectural transportation and other environmental and attitudinal barriers to their rehabilitation.

(d) The Secretary is authorized to make contracts or jointly financed cooperative arrangements with employers and organizations for the establishment of projects designed to prepare handicapped individuals for gainful employment in the competitive labor market under which handicapped individuals are provided training and employment in a realistic work setting and such other services (determined in accordance with regulations of the Secretary) as may be necessary for such individuals to continue to engage in such employment;

(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) on architectural barriers.

(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 $100 per diem, 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.

(f) Annual reports shall be made to the Congress by the Secretary as to the administration of this Act.

PROMOTION OF EMPLOYMENT OPPORTUNITIES

SEC. 403. The Secretary of Labor and the Secretary of Health, Education, and Welfare shall cooperate in developing, and in recommending to the appropriate State agencies, policies and procedures which will facilitate the placement in employment of individuals who have received rehabilitation services under State Vocational rehabilitation programs and, together with the chairman of the President's Committee on Employment of the Handicapped, shall develop and recommend methods which will assure maximum utilization of services which that committee, and cooperating State and local organizations, are able to render in promoting job opportunities for such individuals.