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 Committee shall, on June 30, 1973, 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 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 or other appropriate action to insure the adequacy of such practices: Such report shall also include a description of the effectiveness of the Committee's activities under subsection (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) There are authorized to be appropriated for salaries and expenses of the President's Committee on Employment of the Handicapped $1,000,000 for the fiscal year ending June 30, 1973, and $1,250,000 for the fiscal year ending June 30, 1974. In selecting personnel to fill all positions on the President's Committee on Employment of the Handicapped, special consideration shall be given to to qualified handicapped individuals. NATIONAL COMMISSION ON TRANSPORTATION AND HOUSING FOR HANDICAPED INDIVIDUALS SEC. 702. (a) There is established in the Department of Health, Education, and Welfare a National Commission on Transportation and Housing for Handicapped Individuals, consisting of the Secretary of Health, Education, and Welfare (or his designee), who shall be Chairman, the Secretary of Housing and Urban Development, the Secretary of Transportation and the Secretary of the Treasury (or their respective designees), 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 handicapped individuals, 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 handicapped individuals. (b) The Commission, in consultation with the Architectural and Transportation Compliance Board established pursuant to section 703, shall (1)(A) determine how and to what extent transportation barriers impede the mobility of handicapped individuals 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 action 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. (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 the daily pay rate, for a person employed as a GS-18 under section 5332 of title 5, United States Code, 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 such title 5 for persons in the Government service employed intermittently. (e) The Commission shall prepare two final reports of its activities. One such report shall be on its activities in the field of transportation carriers of handicapped individuals, and the other such report shall be on its activities in the field of the housing needs of handicapped individuals. The Commission shall, prior to January 1, 1975, submit each such report, together with its recommendations for further carrying out the purpose of this section, to the Secretary for transmittal by him, together with his recommendations, to the President and the Congress. The Commission shall also prepare for such submission an interim report of its activities in each such field within 18 months after the date of enactment of this Act and such additional interim reports as the Secretary may request. (f) The Commission shall, on a frequent and continuing basis, provide to the Architectural and Transportation Barriers Compliance Board established pursuant to section 703, such data and information as it has acquired or developed during the course of its investigations and studies and such reports as it has submitted under subsection (e) of this section. Such Board shall also provide to the Commission such data and information acquired by it as the Commission may reasonably request. ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD SEC. 703. (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; (2) Department of Transportation; (3) Department of Housing and Urban Development; (4) Department of Labor; (5) Department of the Interior; (6) General Services Administration; (7) United States Postal Service; and (8) Veterans' Administration. (b) It shall be the function of the Board to: (1) insure compliance with the standards prescribed by the General Services Administrzation, 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 approaches to the architectural, transportation, and attitudinal barriers confronting handicapped individuals, particularly with respect to 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 in all public facilities that are in compliance with the standards prescribed by the Administrator of the General Services Administration, the Secretary of Defense and the Secretary of Housing and Urban Development pursuant to the Architectural Barriers Act of 1968; (5) make reports to the President and to Congress, which shall describe in detail the results of its investigations under clauses (2) and (3) of 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) 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 under this section, and an order of compliance issued by the Board shall be a final order for purposes of judicial review. (d) The Board is authorized to appoint as many hearing examiners as are necessary for proceedings required to be conducted under this section. The provisions applicable to hearing examiners appointed under section 3105 of title 5, United States Code, shall apply to hearing examiners appointed under this subsection. (e) The departments or agencies specified in subsection (a) of this section shall make available to the Board such technical, administrative, or other assistance as it may require to carry out its functions under this section, and the Board may appoint, under the terms and conditions specified in subsection (d) of section 702, such other advisers, technical experts, and consultants as it deems necessary to assist it in carrying out its functions under this section. (f) The Board shall, at the end of each fiscal year, report its activities during the preceding fiscal year to the Congress. Such report shall include an assessment of the extent of compliance with the Acts cited in subsection (b) of this section, along with a description and analysis of investigations made and actions taken by the Board, and the reports and recommendations described in clauses (4) and (5) of subsection (b) of this section. (g) There is authorized to be appropriated for the purpose of carrying out the duties and functions of the Board under this section $1,000,000 for the fiscal year ending June 30, 1973; $1,250,000 for the fiscal year ending June 30, 1974; and $1,500,000 for the fiscal year ending June 30, 1975. EMPLOYMENT UNDER FEDERAL CONTRACTS SEC. 704. (a) Any contract entered into by any Federal department or agency for the procurement of personal property and nonpersonal services (including construction) for the United States shall contain a provision requiring that, in employing persons to carry out such contract the party contracting with the United States shall take affirmative action to employ and advance in employment qualified handicapped individuals as defined in section 7(7). The provisions of this section shall apply to any subcontract entered into by a prime contract or in carrying out any contract for the procurement of personal property and nonpersonal services (including construction) for the United States. The President shall implement the provisions of this section by promulgating regulations within ninety days after the date of enactment of this section. (b) If any handicapped individual believes any contractor has failed or refuses to comply with the provisions of his contract with the United States, relating to employment of handicapped individuals, such individual may file a complaint with the Department of Labor. The Department shall promptly investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of such contract and the laws and regulations applicable thereto. NONDISCRIMINATION UNDER FEDERAL GRANTS SEC. 705. No otherwise qualified handicapped individual in the United States, as defined in section 7(7), shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving Federal financial assistance. Mr. BRADEMAS. The Select Subcommittee on Education of the Committee on Education and Labor will come to order for the purpose of receiving testimony on H.R. 17, the Rehabilitation Act of 1973, and identical bills. The Chair would like to observe by way of background that H.R. 17 is identical to the Rehabilitation Act of 1972, which was passed unanimously by both the House of Representatives and the Senate last October, but which President Nixon vetoed after the 92d Congress had adjourned, which, of course, meant Congress had no opportunity to vote to override the veto. The Chair would declare further that on January 3, 1973, when the 93d Congress convened, he joined with the distinguished chairman of the Committee on Education and Labor, Mr. Perkins of Kentucky, and the distinguished ranking member, Mr. Quie of Minnesota, along with my distinguished colleagues, the gentlelady from Hawaii, Mrs. Mink, and Mr. Hansen of Idaho, to introduce H.R. 17, which is, as the Chair already indicated, identical to the bill vetoed by the President last year. The Chair would also point out, since January 3, 115 Members of the House, on both sides of the aisle, have joined to cosponsor this measure which would extend and improve upon the 52-year-old vocational rehabilitation program as well as authorize significant new programs for those with severe disabilities, with particular emphasis on deaf persons and those suffering from severe kidney disease or spinal cord injury. The Chair must say, speaking for himself and I doubt that members of the subcommittee or the full committee would disagreethe list of those sponsoring H. R. 17, both Democrats and Republicans, is most encouraging evidence that the bipartisan support received by the Rehabilitation Act in the 92d Congress can be anticipated again in the 93d. One other note that should be of interest to those attending and participating in this hearing is that, throughout the drafting of the Rehabilitation Act from its inception through the markup sessions in the Select Education Subcommittee and full Committee on Education and Labor and in the conferences held to reconcile the differing versions passed by the House and Senate, we worked in the closest way possible with senior officials at the Department of HEW concerned with the rehabilitation of handicapped persons, including our distinguished witness this morning. It goes without saying, of course, that the fact of our cooperation only further increased the astonishment that many of us felt, both Republicans and Democrats alike, at the President's veto of this bipartisan measure to aid handicapped people. So we scheduled this hearing today in order to receive a comprehensive statement with respect to the objections of the administration to the Rehabilitation Act which, to reiterate, the 92d Congress passed without a dissenting vote in either body. The Chair would like to make one final observation, which is to say that he hopes that the cooperation that characterized the relationship between this subcommittee and the distinguished former Secretary of HEW, Elliot Richardson, and his associates, will be evidenced once again in our relationships with new officials at the Department of HEW. Speaking for myself as chairman of this subcommittee, I intend to do everything I can to insure that we solicit and take into account the views of the administration on the various legislative matters that come before this subcommittee. So, Mr. Kurzman, we are pleased to have you with us this morning and we welcome you. STATEMENT OF STEPHEN KURZMAN, ASSISTANT SECRETARY FOR LEGISLATION, HEW Mr. KURZMAN. Thank you. Mr. Chairman and members of the subcommittee, it is a great pleasure to appear before the Select Subcommittee on Education to discuss the extension of the Vocational Rehabilitation Act. I would like to introduce, at the outset, my colleagues at the table here. On my right is Mr. Philip J. Rutledge, Deputy Administrator of the Social and Rehabilitation Service of the Department of HEW, and on my left is Mr. Corbett Reedy, who is Acting Commissioner of the Rehabilitation Services Administration. My remarks will be directed in particular to H.R. 8395, the Rehabilitation Act of 1972, which was rejected by the President at the end of the 92d Congress. I should like to begin my testimony by noting an important coincidence. These hearings are taking place just after the dedication ceremony honoring the late Mary Switzer and renaming the HEW South Building as the "Mary E. Switzer Memorial Building." We were pleased, Mr. Chairman, that you were able to attend that ceremony. As you know, for more than 40 years, Mary Switzer was one of the major advocates within HEW and its predecessor agencies for the vocational rehabilitation program. Her efforts and those of many members of this subcommittee have over the decades contributed greatly to the program's successful growth. I hope that we can work closely together to produce a bill extending the vocational rehabilitation program which will preserve the excellent record which has been so painstakingly achieved. This administration enthusiastically supports the vocational rehabilitation program, which is directed toward assisting vulnerable individuals who, without vocational rehabilitation, would not be able to function physically or mentally in a work setting as their more fortunate peers can. The State formula grant program is one of the most successful of HEW's activities. It has done much to assist handicapped individuals who would depend on others for their well-being, to attain the maximum degree of self-sufficiency and personal satisfaction. No program is more consistent in its objectives with the historic American ideals of independence and equal opportunity for every individual. For this reason, the program has enjoyed widespread, and deserved, public support. The great success of this program is attributable principally to three factors. First, and by far the most important, is its clear goal: the achievement of self-sufficiency through employment. The clarity of this geal makes the program much more accountable to the public since employment is a measurable concept. It also facilitates sound management because all concerned with the program are clear as to its mission. Second, the program is not only humanitarian, it is cost-effective. Resources invested today in preventing or reducing dependency can yield major long-term economies in the application of society's resources. One disabled individual may, during a lifetime, receive anywhere from $30,000 to $100,000 in public assistance payments. But if he 90-933-73- -6 |