Attachment 2

AMENDMENT #5 - continued

by a panel of 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;

"(8) provide for periodic review and reevaluation of the status of handicapped individuals placed in extended or terminal employment in a rehabilitation facility or other protected work environment to determine the feasibility of their employment or training for employment in the competitive labor market;"

AMENDMENT #6

Section 105(b) of H. R. 8395 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 handicapped individuals with more severe physical or mental disabilities or which denies such individuals their right to such services.

AMENDMENT #7

Section 105 is further amended by adding at the end thereof the following new subsections:

"(e) If any individual is dissatisfied with the action taken pursuant to the provisions of paragraph (7) 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.

"

AMENDMENT #8

Section 106(a)(1)(B) is amended by inserting the words "on-the-job training," after "including" and before "follow-up".

AMENDMENT #9

Section 106(a)(1) is further amended by relettering subparagraph "(E)" as subparagraph "(F)" and inserting the following new subparagraph:

"(E) rehabilitation teaching services for the blind and orientation

and mobility services for the blind;"

Attachment 3

AMENDMENT #10

Section 106(a)(1) is further amended by changing the period at the end of subparagraph "(F)" to a semicolon and adding the following new subparagraph:

"(G) outreach, referral, and advocacy."

AMENDMENT #11

Section 106(a) is further amended by adding the following new paragraph:

"(4) In the provision of vocational rehabilitation services, maximum utilization shall be made of public or other vocational or technical training facilities or other appropriate resources in the community.

AMENDMENT #12

Section 106(c) is amended by renumbering items (6) through (11) in the list of services provided by a rehabilitation facility as items (7) through (12) and inserting the following new item: "(6) orientation and mobility instruction for the blind,"

AMENDMENT #13

The title of Title I of H. R. 8395 is amended to read as follows:

Title I of H. R. 8395 is further amended by adding at the end thereof the following new part:

"Part B

Supplementary Rehabilitation Services to the Severely Handicapped "PURPOSE

"Sec. 111. The purpose of this part is to authorize grants (supplementary to grants for vocational rehabilitation services under Part A of this title) to assist the several States in developing and implementing continuing plans for meeting the current and future needs of severely handicapped individuals, including the assessment of disability and rehabilitation potential and the training of specialized personnel needed for the provision of services to the severely handicapped and research related thereto.

"Sec. 112. In order to make grants to States under section 113 to assist them in meeting the costs of supplementary rehabilitation services to the severely handicapped, and in carrying out the State plan under section 114, there is authorized to be appropriated $50,000,000 for the fiscal year ending June 30, 1973; $80,000,000 for the fiscal year ending June 30, 1974; and $100,000,000 for the fiscal year ending June 30, 1975.

"ALLOTMENTS

"Sec. 113. (a) From sums appropriated to carry out the provisions of this part, each State shall be entitled to an allotment of an amount bearing the same ratio to such sums 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 of the States. The allotment to any State under the preceding sentence for any fiscal year which is less than $100,000 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 such remaining States from being thereby reduced to less than that amount.

"(b) Whenever the Secretary determines that any amount of an allotment to a State for any fiscal year will not be utilized by such State in carrying out the purposes of this part, he shall make such amount available for carrying out the purposes of this part to one or more of the States which he determines will be able to use additional amounts during such year for carrying out such purpose. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for the purpose of this part, be regarded as an increase in the State's allotment (as determined under the preceding provisions of this section) for such year.

"SUPPLEMENTARY STATE PLANS

"Sec. 114. The Secretary shall approve a State plan for provision of supplementary rehabilitation services under this part which contains, in addition to the state plan provisions under section 105(a) of this title, provisions which

-

"(1) designate as the State agency the same agency or agencies designated under section 105(a)(1) of this title;

"(2) show how funds allotted to the State in accordance with section 113 will be used to complement and augment rather than duplicate or replace services and facilities for severely handicapped individuals who are eligible for Federal assistance under sections 103 and 203 of this Act;

Attachment 5

AMENDMENT #14 - continued

"(3) show the plan, policies, and methods to be followed in providing services under the supplementary State plan for rehabilitation of severely handicapped individuals and in its administration and supervision, and, in case supplementary rehabilitation services cannot be provided all severely handicapped individuals who apply for such services, show the order to be followed in selecting those to whom such services will be provided;

"(4) demonstrate that the State has studied and considered a broad variety of means of providing supplementary rehabilitation services to severely handicapped individuals, including but not limited to, regional and community centers, half-way houses, and patient-release programs, where such programs are appropriate and beneficial;

"(5) conform to such other requirements as may be prescribed by the Secretary in regulations.

"PAYMENTS TO STATES

"Sec. 115. (a) From each State's allotment for a fiscal year under section 113, the State shall be paid the Federal share of the expenditures incurred during such year under its State plan approved under section 114. 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 regard 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 90 per centum of the expenditures incurred by the State during such year under its State plan approved under section 114.

"(a) the term 'severely handicapped individual' means any individual who (1) is under a physical or mental disability so serious that it limits substantially his ability to function in his family and community as one without such serious disability may be expected to function, and (2) who, with the assistance of supplementary rehabilitation services, can reasonably be expected to improve substantially his ability to live independently and function normally in his family and community.

"(b) the term 'supplementary rehabilitation services' means any appropriate rehabilitation service provided under Part A of this title

Attachment 6

AMENDMENT #14 - continued

or any other service which will make a substantial contribution in helping the severely handicapped individual improve his ability to live independently or function normally within his family and community. It also includes preventive and restorative services which will diminish the present or prospective need of a severely handicapped individual for supplementary or vocational rehabilitation services.

"Sec. 117.

"SPECIAL PROJECTS

From sums appropriated under section 112, the Secretary may retain not to exceed 10 per centum or $1,000,000, whichever is smaller, to enable him to make grants to the States and public and other nonprofit organizations to pay part of the cost of projects for research and demonstration and training which hold promise of making a substantial contribution to the solution of problems related to the rehabilitation of severely handicapped individuals common to all or several States.

"NONDUPLICATION

"Sec. 118. 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 114 there shall be disregarded (1) any portion of such expenditures which are financed by Federal funds provided under any provision of law other than this part, and (2) the amount of any non-Federal funds required to be expended as a condition of receipt of such Federal funds."

AMENDMENT #15

Section 204 (a)(3) of H. R. 8395 is amended to read as follows:

"(3) shows the plan, policies, and methods to be followed in providing services under the State evaluation and work adjustment plan and in its administration and supervision; specifies that physically or mentally handicapped disadvantaged individuals shall be provided evaluation and work adjustment services prior to provision of similar services to disadvantaged individuals who are not physically or mentally handicapped; and, in case evaluation and work adjustment services cannot be provided all other individuals who apply for such services, shows the order to be followed in selecting those to whom evaluation and work adjustment services will be provided;"

AMENDMENT #16

Section 401 of H. R. 8395 is amended by adding the following new subsection: "(j) provide for rehabilitation services to older blind persons."