‘(Not printed at Government expense) ~

    

United States
of America

Serre sins

j

PROCEEDINGS AND DEBATES OF THE 8844 CONGRESS, FIRST SESSION

    

aE

Vocational Rehabilitation

SPEECH
oF

HON. JOHN E. FOGARTY

OF RHODE ISLAND
IN THE HOUSE OF REPRESENTATIVES
Thursday, February 21, 1963

Mr. FOGARTY. Mr. Speaker, today I
‘have introduced the Vocational Reha-
‘bilitation Act Amendments of 1963, the
general purpose of which is to expand
and improve the vocational rehabilita-
tion program. I would like to make a
brief statement explaining the bill and
why I think it is important at this time.

The vocational rehabilitation program
is one of our Federal-State grant-in-aid
programs, one of our oldest and most ef-
fective. With financial and technical
assistance from the Federal Govern-
ment, all of the States, Guam, Puerto
Rico, and the Virgin Islands operate
vocational rehabilitation programs. The
purpose of the programs is to rehabili-
tate into remunerative employment
physically and mentally impaired per-
sons who are handicapped in their ef-
forts to get or maintain employment.

As chairman of the Appropriations
Subcommittee which reviews requests
for appropriations for vocational reha-
bilitation each year, I have had an op-
portunity to become acquainted with
the operation of this program in detail.
I have been extremely gratified at the
progress that has been made. In fiscal
1962, rehabilitations reached an alltime
high of over 100,000, and I have every
reason to believe that the quality of vo-
cational rehabilitation services is im-
proving as the number of rehabilitations
increase. The Office of Vocational Re-
habilitation, now the Vocational Reha-
bilitation Administration, has had in-
spired leadership from Miss Mary Swit-
zer, its. Commissioner, and the States
programs have had excellent direction.

As I have commended the progress of
vocational rehabilitation programs, I
have also recognized their shortcomings.
On a number of occasions, the Appropri-
ations Committee had directed attention
to unmet needs. The committee has
felt, for instance, that sufficient empha-
sis has not been put upon the rehabil-
itation of the mentally retarded, the
mentally ill, the cerebral palsied, and
the deaf. All of these categories pre-
sent special problems. We have been
gratified to see the State rehabilitation

678642—87836

agencies rehabilitating a steadily in-
creasing number of handicapped people
in these categories, but we believe that
it is possible to make a great deal more
progress in this direction. We have
been disappointed that some States have
not seen fit to expand their vocational
rehabilitation programs as. rapidly as
they should have. Since we believe it
is in the public interest that we have as
many handicapped people rehabilitated
as possible, it is distressing that a num-
per of States are allowing substantial
Federal allotments of funds to go unused,
because their State legislatures will not
appropriate the sums necessary to match
the Federal funds available.

We recognize, however, that not all of
the difficulties encountered by the Voca-
tional Rehabilitation Administration and
the States can be overcome simply
through the appropriation of additional
funds. Certain changes in the voca-
tional rehabilitation laws will undoubted-
ly expedite the expansion and improve-
ment of these programs, and _ this
legislative proposal is directed toward
the solution ef these problems. The bill
I have just introduced is similar to H.R.
3523, which I introduced into the 87th
Congress. I shall discuss the major pro-
visions of the bill.

REHABILITATION EVALUATION SERVICES

One of the most important aspects of
any vocational rehabilitation program is
the determination of the rehabilitation
potential of the handicapped individual.
In fact, if this part of the process falls
down, the rehabilitation program for the
individual may be both costly and inef-
fective. This is an exceedingly difficult
part of a vocational rehabilitation pro-
gram, one to which a great deal of at-
tention needs to be directed. In this
legislative proposal, we have provided
for a separately financed program for
rehabilitation evaluation services. The
Federal share of expenditure for the
States rehabilitation evaluation services
would be 75 percent. Rehabilitation
evaluation services are defined to in-
clude: First, evaluation of medical, psy-
chological, social and vocational aspects
of an individual’s physical and mental
impairment and rehabilitation poten-
tial; second, the determination of reha-
bilitation services necessary to realize
these potentials; and third, provision of
any goods or services to an individual
who is under a physical or mental disa-
bility during a period not to exceed 6

months, or not to exceed 18 months with
the mentally retarded and other cate-
gories defined by the Secretary, during
which time rehabilitation potential is be-
ing determined; and fourth, the deter-
mination of appropriate deferral of such
individuals for rehabilitation services or
other needed services which may not be
provided by the State rehabilitation
agency.

The enactment of this section of the
bill will be of great significance to the
rehabilitation movement. Since the bill
specifies that rehabilitation services may
be provided for the purpose of determin-
ing rehabilitation potential for stated
periods of time, and the determination
is not limited to the determination of
vocational rehabilitation potential, the
State vocational rehabilitation agencies
will be encouraged to be more liberal in
the acceptance of severely handicapped
individuals for evaluation services.. This
legislation should result in rapid expan-
sion and improvement of rehabilitation
evaluation services in the State agencies,
which is often considered the weakest
link in the entire program of rehabilita-
tion, The increased ability of State re-
habilitation agencies to purchase reha-
bilitation evaluation services should re-
sult in far greater utilization of such
evaluation services in existing workshops
and rehabilitation centers and in the
expansion of these facilities.

The inclusion of the responsibility for
appropriate referral, along with . the
broader definition of. the evaluation
services, will give the State rehabilitation
agencies the legal basis for development,
in cooperation with other public and
voluntary agencies, or centralized refer-
ral services for all disabled aduits.

REHABILITATION FACILITIES
Another difficulty has been that: the

States and local communities have been
unable to develop a sufficient number

of the types of rehabilitation facilities

which are needed for the rehabilitation
of severely handicapped individuals.
Particularly, there is a shortage of re-
habilitation facilities which are voca-
tionally oriented. Very few communities
have workshops which can be used to
provide a transitional experience for in-
dividuals, before they are ready to accept
competitive employment. One section
of this bill authorizes the Secretary to
make grants to assist in meeting the cost
of construction of public or other non-
profit workshops and rehabilitation fa-
2

cilities. An appropriation of $5 million
is authorized for the first year, and $10
million for each of the succeeding 4
years, at which time the authority ‘is
terminated—section. 2. The : Federal
share of the cost of the projects will be
the same as the Federal share of the
cost of rehabilitation projects under the
Hospital Survey and Construction Act.
All rehabilitation facilities established
under this act must: be approved by the
State rehabilitation agencies in the
States in which such projects are de-
veloped. A part of the funds appro-
priated may be used to reimburse a part
of the cost of the States in meeting their
responsibilities under the act.

Funds may be used for the construc-
tion of new buildings and expansion,
remodeling, alteration, and renovation
of existing buildings, and initial equip-
ment of such buildings; including. the
cost of architect’s fees in connection with
construction. Funds may also pbe-used
for initial staffing for not to exceed 4
years, the section applying to both work-
shops and rehabilitation facilities.

The Davis-Bacon Act governs compen-
sation of workers. on construction proj-
ects. It°is also required that workshops
receiving grants agree to meet. appropri-
ate wage and hour standards. adminis-
tered by the U.S. Department of Labor.

The significance of this section is
found in the fact that there will-be for
the first time a nationwide program of
grants for construction of workshops and
other rehabilitation facilities adminis-
tered under rehabilitation auspices. This
legislation will be used to supplement the
program for the construction of reha-
bilitation centers under the Hospital
Survey and Construction Act. Facilities
constructed under the Hospital Survey
and Construction Act must include medi-
cal and one other rehabilitative service.
This legislation will continue to be used
principally for the development of medi-~
cally oriented rehabilitation facilities,
with most of the grants probably going to
hospitals. The new facilities program
will be used principally to assist in the
development of vocationally oriented re-
habilitation facilities, including work-
shops, which cannot be built. under the
Hospital Survey and Construction Act,
unless they are a part of a comprehensive
yehabilitation center. The definition: of
rehabilitation centers and workshops
found in current Office of Vocational Re-
habilitation regulations are amended in
this bill will prevail in the administra-
tion of this. section.

EXPANSION OF REHABILITATION SERVICES

When Public Law 565 was passed in
1954,. section (4)(a)(2) provided. for

67864287836

CONGRESSIONAL RECORD

Federal grants to the States to pay a
part of the cost of projects for planning,
preparing for, and initiating expansion
of vocational rehabilitation programs in
the States. This was a temporary pro-
gram, expiring at the end of 3 years.
This bill contains a section which re-
news the authority for making such
grants, providing that the Federal Gov-
ernment may pay all or part of the cost
of such projects, when, in the judgment
of the Secretary, the projects hold prom-
ise of resulting in a substantial increase
in the number of persons vocationally
rehabilitated. Grants under any one
project are limited to 5 years.

PRIVATE CONTRIBUTIONS

At the present time, contributions of
private agencies and individuals to a
State cannot be used to match Federal
funds for the establishment of rehabili-
tation facilities under sections 2 and 3
of the Vocational Rehabilitation Act, un-
less such donations are unrestricted;
that is, such donations cannot be ear-
marked for the construction of specific
facilities in which the donors are inter-
ested. This section specifies that such
funds donated by private agencies or in-
dividuals can be earmarked for the es-
tablishnment of specific facilities in which
donors are interested. This section is
made retroactive to the time of the pas-
sage of Public Law 565 in 1954, so as to
remove doubt with respect to the legality
in the use of private funds to match
State funds in some of the States.

ADMINISTRATION IN THE STATES

Under current legislation, excepting
agencies for the blind, vocational reha-
bilitation in the States must be adminis-
tered either by the State board. for
vocational education or by an independ-
ent rehabilitation agency. This bill
provides a third alternative, which is,
that the State’s vocational rehabilitation
program may be administered in a de-
partment which inctudes, in addition to
yocational rehabilitation, two or more
of the major public health, public wel-
fare, and labor programs of the State.

It is provided that in case this third
alternative is utilized by the State, the
State’s rehabilitation agency must be at
an organizational level and have an or-
ganizational status comparabie to that
of other major organizations in the de-
partment and that it must have full
time direction and a full time staff.

There appears to be a growing trend
in the States to develop departments of
State government into which are
grouped the major public health and wel-
fare functions, in other words, organiza~
tions somewhat similar to the Depart-
ment of Health, Education, and Welfare

on the Federal level. This section will
enable the State to put thé vocational
rehabilitation program in such’ a -depart-
ment, under the conditions. that: have
been cited. In some instances, voca-

‘tional rehabilitation programs may -be

expected. to become more effective” ‘in
such departments.
LOCAL FINANCIAL SUPPORT (SEC. 4(3))

At the present time, interpretations of
the law have been that all phases of the
State vocational rehabilitation program
must be in. operation in all sections. of
the State. A section of this bill provides
that exception may be made for special
programs prescribed by the Secretary.
The purpose of this section is to en-
courage local tax units to appropriate
funds for the expansion of vocational re-
habilitation services in their own politi-
cai areas, even though such services may
not be available on’ a statewide basis.

PRESIDENT’S COMMITTEE (SEC. 8)

Under current legislation, appropria-
tions for the President’s Committee on
Employment. of the Handicapped are
limited to $300,000 per annum. ‘This
section. would increase the appropriation
authority to $500,000 per year. This will
provide for an orderly expansion. of the
Committee’s work during the next few
years.

Mr. Speaker, Members of the House
know that the Federal Government and
the States are expending huge sums each
year to alleviate the ill effects of depend-
ency caused by physical and mental dis-
ability. It is expending far less than. it
should on efforts to rehabilitate those
handicapped individuals who are, or who
are likely to become, dependent upon.so-
ciety. It is in the public interest that
every handicapped individual have an
opportunity to rehabilitate himself, and
that all the services he requires be avail-
able to him when the need for, such serv-
ices first appear.. Until this condition
exists, the Nation is not doing what it

should and what it is capable of doing

to afford equality of opportunity for its
handicapped citizens. The legislative
changes which are proposed in this bill
will go a long way toward providing a
legal base for expanded and improved
vocational rehabilitation | services. I
fully believe that the Congress will see
fit to implement with Hberal-appropria-
tions this legislation once it: is .passed.
I.strongly urge the House Committee on
Education and Labor, to which: this: bill
will be referred, to conduct prompt:hear-
ings. Certainly, -this:is one piece of leg-
islation with respect to which there must
be general agreement as to its need and
its practicality.

W.S. GOVERNMENT PRINTING OFFICE: 1963