SEC. 4. Section 6(b) and section 8 (f) of the National Foundation on the Arts and the Humanities Act of 1965 are amended to read follows: "(b) The National Council on the Arts shall, in addition to performing any of the duties and responsibilities prescribed by the National Arts and Cultural Devolepment Act of 1964, (1) advise the Chairman with respect to policies, programs and procedures for carrying out his functions, duties, or responsibilities pursuant to the provisions of this Act, and (2) review applications for financial assistance made under this Act and make recommendations thereon to the Chairman. The Chairman shall not approve or disapprove any such application until he has received the recommendation of the Council on such application, unless the Council fails to make a recommendation thereon within a reasonable time. In the case of any application involving $10,000 or less, the Chairman may approve or disapprove such request if such action is taken pursuant to the terms of a delegation of authority from the Council to the Chairman, and provided that each such action by the Chairman shall be reviewed by the Council." on the by Chairman. "(f) The Council shall (1) advise the Chairman with respect to policies, programs, and procedures for carrying out his func- National Council tions, and (2) shall review applications for financial support Humanities. and make recommendations thereon to the Chairman. The Application review Chairman shall not approve or disapprove any such application until he has received the recommendation of the Council on such application, unless the Council fails to make a recommendation thereon within a reasonable time. In the case of any application involving $10,000 or less, the Chairman may approve or disapprove such request if such action is taken pursuant to the terms of a delegation of authority from the Council to the Chairman, and provided that each such action by the Chairman shall be reviewed by the Council." Donations to SEC. 5. Section 10 of the National Foundation on the Arts an Endowment. and the Humanities Act of 1965 is amended by: (a) repealing paragraphs (2) and (3) of subsection (a) and inserting in lieu thereof the following: "(2) in the discretion of the Chairman of an Endowment, after receiving the recommendation of the National Council of that Endowment, to receive money and other property donated, bequeathed, or devised to that Endowment with or without a condition or restriction, including a condition that the Chairman use other funds of that Endowment for the purposes of the gift; and to use, sell, or otherwise dispose of such property for the purpose of carrying out sections 5(c) and 7(c) and the functions transferred by section 6(a) of this Act;" 79 Stat. 852. 20 USC 959. 956, 955. (b) redesignating paragraphs "(4)”, “(5)”, “(6)", 20 USC 954, (c) amending the text following subsection (a)(8) to 82 Stat. 187. Appropriations. 20 USC 956. Ante, p. 185. "In any case in which any money or other property is donated, bequeathed, or devised to the Foundation (A) without designation of the Endowment for the benefit of which such property is intended, and (B) without condition or restriction other than that it be used for the purposes of the Foundation, such property shall be deemed to have been donated, bequeathed, or devised in equal shares to each Endowment and each Chairman of an Endowment shall have authority to receive such property. In any case in which any money or other property is donated, bequeathed, or devised to the Foundation with a condition or restriction, such property shall be deemed to have been donated, bequeathed, or devised to that Endowment whose function it is to carry out the purposes or purposes described or referred to by the terms of such condition or restriction, and each Chairman of an Endowment shall have authority to receive such property. For the purposes of the preceding sentence, if one or more of the purposes of such a condition or restriction is covered by the functions of both Endowments, or if some of the purposes of such a condition or restriction are covered by the functions of one Endowment and other of the purposes of such a condition or restriction are covered by the functions of the other Endowment, the Federal Council on the Arts and the Humanities shall determine an equitable manner for distribution between each of the Endowments of the property so donated, bequeathed, or devised. For the purposes of the income tax, gift tax, and estate tax laws of the United States, any money or other property donated, bequeathed, or devised to the Foundation or one of its Endowments and received by the Chairman of an Endowment pursuant to authority derived under this subsection shall be deemed to have been donated, bequeathed, or devised to or for the use of the United States." SEC. 6. Section 11 of the National Foundation on the Arts and the Humanities Act of 1965 is amended by (a) amending subsection (a) to read as follows: "(a) For the purpose of carrying out section 5(c) and the functions transferred by section 6(a) of this Act, there is hereby authorized to be appropriated to the National Endowment for the Arts $6,000,000 for the fiscal year ending June 30, 1969, and $6,500,000 for the fiscal year ending June 30, 1970; for the purpose of carrying out section 7(c) of this Act there is hereby authorized to be appropriated to the National Endowment for the Humanities $8,000,000 for the fiscal year ending June 30, 1969, and $9,000,000 for the fiscal year ending June 30, 1970. In addition, there is hereby authorized to be appropriated to the National Endowment for the Arts for the purposes of section 5(h) the sum of $2,000,000 for the fiscal year ending June 30, 1969, and $2,500,000 for the fiscal year ending June 30, 1970. Sums appropriated under the authority of this subsection shall remain available until expended. For each subsequent fiscal year such sums may be appropriated as the Congress may hereafter authorize by law to carry out the provisions of this subsection." Additional appropriation. (b) amending subsection (b) to read as follows: "(b) In addition to the sums authorized by subsection (a), there is authorized to be appropriated to each Endowment an amount equal to the total of amounts received by that Endowment under section 10(a) (2) of this Act, except that the amount so appropriated for the fiscal year ending June 30, 1969, and the Ante, p. 186. amount so appropriated for fiscal year ending June 30, 1970, shall not aggregate more than $13,500,000. Amounts appropriated to an Endowment under this subsection shall remain available until expended. For each subsequent fiscal year such sums may be appropriated as the Congress may hereafter authorize by law to carry out the provisions of this subsection." (c) repealing subsection (c). (d) redesignating subsections "(d)" and "(e)" as subsections "(c)" and "(d)". SEC. 7. Section 3 (a) and section 3 (b) of the National Foundation on the Arts and the Humanities Act of 1965 are amended to read as follows: Repeal. Definitions. 79 Stat. 845. 20 USC 952. "(a) The term 'humanities' includes, but is not limited to, the "Humanities." study of the following: language, both modern and classical; linguistics; literature; history; jurisprudence; philosophy; archeology; the history, criticism, theory, and practice of the arts; those aspects of the social sciences, which have humanistic 82 Stat. 188. content and employ humanistic methods; and the study and application of the humanities to the human environment. "(b) The term 'the arts' includes, but is not limited to, music instrumental and vocal), dance, drama, folk art, creative writ- "The arts." ing, architecture and allied fields, painting, sculpture, photography, graphic and craft arts, industrial design, costume and fashion design, motion pictures, television, radio tape and sound recording, the arts related to the presentation, performance, execution, and exhibition of such major art forms, and the study and application of the arts to the human environment." 3. VOCATIONAL REHABILITATION AMENDMENTS Largely Involving Vocational Education and Training) A. LEGISLATIVE HISTORY In the House, hearings on bills to revise and extend the Vocational Rehabilitation Act were held before the Select Subcommittee on Education of the Committee on Education and Labor on March 27 and 28 and April 2 and 3, 1968. The record of the hearings was printed in a volume of 189 pages. H.R. 16819, cited as the "Vocational Rehabilitation Amendments of 1968" was introduced on April 25, 1968 by Representative Dominick V. Daniels, of New Jersey (for himself and 24 other Members of the House). The bill was referred to the Committee on Education and Labor. The bill was reported in the House on May 6, 1968 (H. Rept. 1346). It passed the House on May 6, 1968. In the Senate, on May 17, 1968, hearings were held before the Subcommittee on Health, of the Committee on Labor and Public Welfare, on H.R. 16819 and a similar bill, S. 3213, which had been introduced on March 22, 1968 by Senator Lister Hill, of Alabama. The record of the hearings was printed in a volume of 90 pages. H.R. 16819 was reported in the Senate, from the Committee on Labor and Public Welfare, on June 21, 1968 (S. Rept. 1309). It passed the Senate, amended, on June 24, 1968. The House agreed to the Senate amendments on June 25, 1968. The act was approved by the President on July 7, 1968 and became Public Law 90-391. B. DIGEST OF THE ACT Following is a digest of Public Law 90-391: Public Law 90-391 extends and expands generally the provisions of the Vocational Rehabilitation Act. It increases generally the authorized appropriations. It allows additional State allotments (of funds not utilized by States to which they were originally allocated) for the innovation of vocational rehabilitation services when the predetermined fixed allotment is insufficient. It permits the Secretary of Health, Education, and Welfare upon the request of an agency to authorize share funding and administrative responsibility in order to permit a joint program to provide services to handicapped individuals. Permits counseling, guidance, adjustments, training, maintenance, physical restoration, placement and follow-up services to the handicapped. The act redefines the term "rehabilitation facility under the act so as to mean a facility which is operated for the primary purpose of assisting handicapped individuals and providing evaluation and work adjustment services for disadvantaged individuals, and which provides singly or in combination one or more of the following services for handicapped individuals: (1) medical, psychological, social, and vocational services; (2) testing, fitting, or training in the use of prosthetic and orthoptic devices; (3) prevocational conditioning or recreational therapy; (4) physical and occupational therapy; (5) speech and hearing pathology; (6) psychological and social services; (7) evaluation; (8) personal and work adjustment; (9) vocational training; (10) evaluation or control of specific disabilities; and (11) extended employment for the severely handicapped who cannot be readily absorbed in the competitive labor market. The act defines "evaluation and work adjustment services" and "disadvantaged individuals." It sets forth criteria for the Secretary's approval of a State evaluation and work adjustment plan. C. TEXT OF THE LAW Following is the text of Public Law 90-391. AN ACT To amend the Vocational Rehabilitation Act to extend the authorization of grants to States for rehabilitation services, to broaden the scope of goods and services available under that Act for the handicapped, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Vocational Rehabilitation Amendments of 1968". AUTHORIZATION OF APPROPRIATIONS SEC. 2. (a) Section 1(b) (1) of the Vocational Rehabilitation 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, 1971, the sum of $700,000,000". (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: ", for the fiscal year ending June 30, 1969, the sum of $3,200,000, for the fiscal year ending June 30, 1970, the sum of $6,000,000, and for the fiscal year ending June 30 1971, the sum of $10,000,000". (c) Section 1(b) (3) of such Act is amended by striking out "and" where it appears after "$104,000,000,", and by inserting before the period at the end thereof the following: ", for the fiscal year ending June 30, 1969, the sum of $80,000,000, for the fiscal year ending June 30, 1970, the sum of $115,000,000 and for the fiscal year ending June 3, 1971, the sum of $140,000,000". (d) Section 1(b) (4) of such Act is amended by striking out "1969" and inserting "1972". MINIMUM ALLOTMENTS TO STATES SEC. 3. Section 2(a) of the Vocational Rehabilitation Act is 29 USC 32. amended by inserting at the end thereof the following: "The allotment to any State (other than the Virgin Islands, Puerto Rico, and Guam) for any fiscal year under the preceding two sentences which is less than $1,000,000 shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the allotments of each of the remaining such States under the preceeding two sentences, but with such adjustments as may be necessary to prevent the allotment of any such remaining States from being thereby reduced to less than that amount." LIMITATION ON USE OF FUNDS FOR CONSTRUCTION SEC. 4. Section 2(b) of the Vocational Rehabilitation Act is amended by inserting after "for such year" the first time it appears the following: "and such payments shall not be made in an amount which would result in a violation of the provisions of the State plan required by section 5 (a) (14)" and by striking Post, p. 300. out "1965" and inserting in lieu thereof "1969". PRIVATE CONTRIBUTIONS FOR CONSTRUCTION OR ESTABLISHMENT FACILITIES SEC. 5. Section 2 of the Vocational Rehabilitation Act is amended by adding at the end thereof following new subsection: "(c) For the purpose of determining the amount of payments to States for carrying out this section and section 3 with respect to expenditures under a State plan approved under section 5, State funds shall, subject to such limitations and conditions as may be prescribed in regulations of the Secretary, include con Post, p. 299. Post, p. 300. 82 Stat. 299. |