transmit to the Congress with such comments and recommendations as he may deem appropriate; (3) provide that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any construction aided by Federal funds 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 the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5); with the Secretary of Labor having, 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); and (4) include such other conditions as the Secretary deems necessary to carry out the purposes of this section. (d) If within twenty years after the completion of any construction (except minor remodeling or alteration) for which funds have been paid pursuant to an agreement under this section the facility constructed ceases to be used for the purposes for which it was constructed or the agreement is terminated, the United States, unless the Secretary determines that there is good cause for releasing the recipient of the funds from its obligation, shall be entitled to recover from the applicant or other owner of the facility an amount which bears the same ratio to the then value of the facility as the amount of such Federal funds bore to the cost of the portion of the facility financed with such funds. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which the facility is situated. COMPREHENSIVE REHABILITATION CENTERS FOR DEAF YOUTHS AND ADULTS SEC. 409. (a) In order to (1) demonstrate methods of (A) providing the specialized comprehensive in-depth services needed to rehabilitate low (under) achieving deaf persons, and (B) training the professional and allied personnel required adequately to staff facilities designed to provide such services and training personnel who have been or will be working with the low (under) achieving deaf; (2) conduct research in the nature and prevention of the problems of the low (under) achieving deaf population and the rehabilitation of these individuals; and (3) improve the understanding of the general public, employers in particular, of both the assets and problems of these severely disabled deaf people; the Secretary is authorized to enter into agreements with any public or nonprofit private 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 one or more centers for the vocational rehabilitation of deaf individuals who are low (under) achieving which shall be known as comprehensive rehabilitation centers for deaf youths and adults. (b) Any agency or organization desiring to enter into such an agreement shall submit a proposal therefor at such time, in such manner, and containing such information as may be prescribed by the Secretary. In considering such proposals the Secretary shall give preference to those proposals which (1) give promise of maximum effectiveness in the organization and operation of a comprehensive rehabilitation center for deaf youths and adults, and (2) give promise of offering the most substantial skill and capability in providing a broad program of service, research, training, and related activities in the field of rehabilitation of the low (under) achieving deaf. (c) The agreement shall (1) provide that Federal funds paid to any agency or organization for a Center will be used only for the purposes for which paid and in accordance with the applicable provisions of this section and the agreement made pursuant thereto; (2) provide that an Advisory Board, comprised of qualified professionals and experts, be appointed to assure proper functioning of the Center in accordance with its stated objectives and to provide assistance in professional, technical, and other areas of development. The Advisory Board shall draw at least one-third of its membership from among the deaf population. (3) provide that the agency or organization making the agreement will, with the advice of the Advisory Board of the Center, make an annual report to the Secretary. The Secretary in turn shall transmit the report to the Congress with such comments and recommendations the Board and he may deem appropriate. (4) provide that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any construction aided by Federal funds 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 the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5); with the Secretary of Labor having, with respect to the labor standards specified in this paragraph, the authority and func tions 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. 276a); and (5) include such other conditions as the Secretary deems necessary to carry out the purposes of this section. (d) If within twenty years after the completion of any construction (except minor remodeling or alteration) for which funds have been paid pursuant to an agreement under this section the facility constructed ceases to be used for the purposes for which it was constructed or the agreement is terminated, the United States, unless the Secretary determines that there is good cause for releasing the recipient of the funds from its obligation, shall be entitled to recover from the applicant or other owner of the facility an amount which bears the same ratio to the then value of the facility as the amount of such Federal funds bore to the cost of the portion of the facility financed with such funds. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which the facility is situated. (e) For the purpose of this section, the determination of who are the low (under) achieving deaf shall be made in accordance with regulations of the Secretary. NATIONAL COMMISSION ON TRANSPORTATION AND HOUSING FOR THE HANDICAPPED SEC. 410. (a) There is hereby established in the Department of Health, Education, and Welfare a National Commission on Transportation and Housing for the Handicapped, consisting of the Secretary of Health, Education, and Welfare (or his designee), who shall be chairman, and not more than fifteen members appointed by the Secretary of Health, Education, and Welfare without regard to the civil service laws. The fifteen appointed members shall be representative of the general public, of the disabled, and of private and professional groups having an interest in and able to contribute to the solution of the transportation and housing problems which impede the rehabilitation of the handicapped. In addition, the Secretary of Housing and Urban Development, the Secretary of Transportation and the Secretary of the Treasury (or their respective designees) shall be members of the Commission. (b) The Commission shall (1) (A) determine how and to what extent transportation barriers impede the mobility of the handicapped and consider how 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 the handicapped; (2) determine what is being done, 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 the handicapped or to meet sheltered housing needs; and (3) prepare plans and proposals for such further action as may be necessary to the goals of adequate transportation and housing for the handicapped, 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. (c) The Commission is authorized to appoint such special advisory and technical experts and consultants, and to establish such committees, as may be useful in carrying out its functions, to make studies, and to contract for studies or demonstrations to assist it in performing its functions. The Secretary shall make available to the Commission such technical, administrative, and other assistance as it may require to carry out its functions. (d) Appointed members of the Commission and special advisory and technical experts and consultants appointed pursuant to subsection (c) shall, while attending meetings or conferences thereof or otherwise serving on business of the Commission, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, 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 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. (e) The Commission shall, prior to January 1, 1975, submit a final report of its activities, together with its recommendations for further carrying out the purposes of this section, to the Secretary for transmission by him together with his recommendations to the President and then to the Congress. The Commission shall also prepare such interim reports as the Secretary may request. TITLE V-MISCELLANEOUS EFFECTIVE DATE SEC. 500. The effective date of this Act shall be July 1, 1972. Rules, regulations, guidelines, and other published interpretations or orders may be issued by the Secretary at any time after the date of enactment. EFFECT ON EXISTING LAWS SEC. 501. Unexpended appropriations for carrying out the Vocational Rehabilitation Act (29 U.S.C. 31-42b) may be made available to carry out this Act, as directed by the President. Approved State plans for vocational rehabilitation, approved projects, contractual arrangements, and appointments to advisory groups 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. [H.R. 9847, 92d Cong., first sess.] A BILL To amend the Vocational Rehabilitation Act in order to extend and improve AUTHORIZATION OF APPROPRIATIONS SECTION 1. (a) Section 1(b)(1) of the Vocational Rehabilitation Act (29 U.S.C. 31 et seq.), as amended, is amended by striking out "and" and by inserting before the period at the end therof the following: ", for the fiscal year ending June 30, 1973, the sum of $825,000,000, for the fiscal year ending June 30, 1974, the sum of $1,250,000,000, and for the fiscal year ending June 30, 1975, the sum of $1,500,000,000". (b) Section 1(b) (2) of such Act is amended by striking out "and" and by inserting before the period at the end thereof the following: “, and for the fiscal year ending June 30, 1973 and each of the two succeeding fiscal years, the sum of $10,000,000". (c) Section 1(b) (3) of such Act is amended by striking out "and" where it appears after "$115,000,000" and by inserting before the period at the end thereof the following: ", for the fiscal year ending June 30, 1973, the sum of $150,000,000, for the fiscal year ending June 30, 1974, the sum of $175,000,000, and for the fiscal year ending June 30, 1975, the sum of $195,000,000". (d) Section 1(b) (4) of such Act is amended by striking out "1973" and inserting in lieu thereof "1976". SPECIAL PROJECT GRANTS FOR THE SEVERELY HANDICAPPED SEC. 2. (a) Section 4(a) of the Vocational Rehabilitation Act is amended by inserting in the first sentence thereof after "the mentally retarded" the following: ", and other severely handicapped". (b) Section 4(a) is further amended by inserting before the period at the end of the second sentence thereof: ", and other severely handicapped". STRENGTHENING STATE PLAN REQUIREMENTS SEC. 3. (a) Section 5(a) (4) of the Vocational Rehabilitation Act is amended to read as follows: '(4) show the plan, policies, and methods to be followed in carrying out the work under the State plan and in its administration and supervision; specify that all severely handicapped individuals shall be provided vocational rehabilitation services prior to provision of similar services to other individuals who are not otherwise severely handicapped; and, in case vocational rehabilitation services cannot be provided all other individuals who apply for such services, show the order to be followed in selecting those to whom vocational rehabilitation services will be provided;". (b) Section 5(a) of such Act is further amended by renumbering paragraphs (5) through (14) as paragraphs (8) through (17) and inserting after paragraph (4) the following new paragraphs: "(5) provide that the financial condition of a severely handicapped individual or his family shall not be a factor in determining his eligibility to receive any vocational rehabilitation service; "(6) provide for granting an opportunity for a fair hearing before the State agency to any individual whose application for goods and services is denied or is not acted upon with reasonable promptness, including arbitration by three persons consisting of one person designated by the head of the State agency, one person designated by the individual, and a third person selected by the two, who shall serve as chairman; "(7) provide for periodic review and reevaluation of the status of other severely handicapped individuals placed in extended or terminal employment in a rehabilitation facility to determine the feasibility of their employment in the competitive labor market;". (c) Section 5(b) is amended by adding at the end thereof: "However, the Secretary shall not approve any plan which fails to provide for preference in goods and services to severely handicapped individuals or which denies such individuals their rights to such services.". (d) Section 5 is further amended by adding the following new subsections at the end thereof: "(e) If any individual is dissatisfied with the action taken pursuant to the provisions of paragraph (6) of subsection (a) of this section, such individual shall be entitled to and shall have standing for judicial review thereof. "(f) Any applicant for or recipient of any rehabilitation service shall be entitled to obtain and utilize the services of any person or organization of his choice at any time in the preparation, presentation, or prosecution of his claim or application for services, including informal negotiations, hearings, arbitration, and judicial proceedings.". ESTABLISHMENT OF THE DIVISION FOR THE SEVERELY HANDICAPPED SEC. 4. (a) Section 7(e) of the Vocational Rehabilitation Act is amended by adding at the end thereof the following: "Such evaluation shall be made with a view to determining the effectiveness of programs in serving the severely handicapped." (b) Section 7 of such Act is further amended by changing subsections (d) and (e) to subsections (f) and (g), respectively, and inserting the following new subsections: "(d) The Secretary shall establish at the earliest practicable date not later than July 1, 1972, and maintain within the Department of Health, Education, and Welfare or any agency, establishment, or other entity created within the Government of the United States to administer the Vocational Rehabilitation Act, a Division for the Severely Handicapped which shall be the principal agency in the Department of Health, Education, and Welfare, or any agency, establishment or other entity created within the Government of the United States to administer the Vocational Rehabilitation Act, for administering and carrying out programs and projects relating to vocational rehabilitation and related services for the severely handicapped, including programs and projects for the training of specialized personnel needed in rehabilitation programs for the severely handicapped and for research in such rehabilitation and related services. In carrying out the functions of this Division, the Secretary shall develop appropriate methods to facilitate client participation in the formulation of program objectives within the Division and at the State agency or other grantee level. (e) (1) There is hereby established in the Department fo Health, Education, and Welfare a National Advisory Council on the Severely Handicapped consisting of the Secretary, or his designee, who shall be Chairman, and eight members appointed without regard to civil service laws by the Secretary. Two of the eight appointed members shall represent national organizations of the blind and deafblind; two shall represent national organizations for the severely handicapped; two shall represent State agencies for the handicapped; one shall represent organized labor; and one shall represent commerce or industry. Each appointed member of the Council shall hold office for a term of four years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor is appointed shall be appointed for the remainder of such term and except that, of the members first appointed, two shall hold office for a term of three years, two shall hold office for a term of two years, and two shall hold office for a term of one year, as designated by the Secretary at the time of appointment. None of such eight members shall be eligible for reappointment until a year has elapsed after the end of his preceding term. "(2) The Council is authorized to review applications for special projects submitted to the Secretary under this Act or any projects initiated by it which it believes show promise of making valuable contributions to the vocational rehabilitation of severely handicapped individuals. The Council is further authorized to advise and consult with the Secretary on the planning, delivery, and evaluation of services under this Act for the severely handicapped. The Secretary is authorized to utilize the services of any member or members of the Council in connection with matters relating to the administration of this Act, for such periods, in addition to conference periods, as he may determine. "(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 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." REPORTS SEC. 5. Section 9 of the Vocational Rehabilitation Act is amended to read as follows: "SEC. 9. Annual reports shall be made to the Congress by the Secretary as to the administration of this Act. Such annual reports shall include statistical data reflecting vocational rehabilitation services provided each handicapped individual during the preceding fiscal year and shall specifically distinguish between 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 supplementary services." CLARIFICATION OF DEFINITIONS SEC. 6. (a) Section 11(a) (1) (B) of the Vocational Rehabilitation Act is amended to read as follows: "(B) counseling, guidance, and placement services for handicapped individuals, including on-the-job training and followup services to assist such individuals to maintain their employment;" (b) Section 11(a) (1) of such Act is amended by changing the period at the end of subparagraph (E) to a semicolon and adding the following new subparagraph: "(F) outreach, referral, and advocacy." (c) Section 11(a) (2) of such Act is amended by inserting after "and insurance," and before "the following": "except for severely handicapped individuals designated by the Secretary". (d) Section 11(a) (2) of such Act is further amended by striking "and" at the end of subparagraph (G), changing the period after subparagraph (H) to a semicolon, and adding the following new subparagraph: "(I) preventive, restorative, and other services which would preclude or diminish the present or prospective need of any severely handicapped individual (irrespective of his age) for any or all the foregoing rehabilitation services listed in this subparagraph or subparagraph (1) of this subsection." |