et

 

A Bili (8. 1066) to Establish a Federal Commis-
sion on Services for the Physically Handicapped,
and for Other Purposes, and Including an Ex- ©
planatory Statement by Paul A. Strachan,
President, American Federation of the
Physically Handicapped

 

eh

Remarks of

Hon. John J. Sparkman

of Alabama

in the

Senate of the United States
Friday, February 25, 1949°

Not printed
at Government
expense

United States Government Printing Office, Washington : 1949

826714—28862
REMARKS
OF

HON. JOHN J. SPARKMAN

OF ALABAMA

Mr. SPARKMAN. Mr. President, on
behalf of the Senator from Georgia [Mr,
Grorcel, the Senator from Utah [Mr.
Tuomasl, the Senator from Florida [Mr.
Pepper], the Senator from Colorado [Mr,
JouNsoNn], my colleague, the senior Sen-
ator from Alabama [Mr. Hruul, the Sen-
ator from Arizona [Mr. McFartanpl, the
Senator from North Carolina {[Mr,
Hoey], the Senator from South Carolina
[Mr. Jounstow], the Senator from Penn-
sylvania [Mr,. Myersi, the Senator from
Rhode Island [Mr. McGrati], the Sena-
tor from West Virginia [Mr, Nze.y], the
Senator from Minnesota [Mr. Hum-~
PHREY], the Senator from Tennessee [Mr,
Keravver], the Senator from Maine [Mr,
Brewster], the Senator from Vermont
[Mr, AIKEN], the Senator from Oregon
[Mr, Morse], the Senator from Wiscon-
sin [Mr, McCartay], and myself, I ask
unanimous consent to introduce for ap-
propriate reference a bill to establish a
Federal commission on services for the
physically handicapped.

The bill is the result of a long, evolu-
tionary process, and incorporates many
of the suggestions of experts and special-
ists who have. testified before various
congressional committees in recent
years, including the House Labor Sub.
committee To Investigate Aid to the
Physically Handicapped, the Senate Sub-
committee on War-Time Health and
Education, and other hearings and

826714—28862

studies by the committees of Congress.

. The bill was formulated after consulta-

(8)

tions with representatives of many or-
ganizations, and represents, in my judg-
ment, a needed, practical approach to
solution of the very difficult problems of
many of our 28,000,000 physically handi-
capped citizens. In its present form, the
bill meets requirements which previous
measures with which I have been asso-
ciated, H. R. 5206, and S. 2896, upon
hearings and study, indicated were neces-
sary.

The principles of the bill have been
strongly endorsed by many organizations
and individuals representing business,
industry, labor, veterans, farm, women,
educational, civic, fraternal, scientific
and professional and other groups, ap-
proximating representation of some 390,-
000,000 people. .I urge the Congress to
take early and favorable action upon this
measure,

I ask unanimous consent that the bill,
together with a statement by Mr. Paul
A. Strachan, president of the American
Federation of the Physically Handi-
capped, and an analysis of the bill, be
printed in the REcorp.

The PRESIDENT pro tempore. With-
out objection, the bill will be received
and appropriately referred, and, without
objection, the bill, together with the
statement and analysis will be printed
in the Rrcorp.

There being no objection, the bill (S,
1066) to establish a Federal Commission
on Services for the Physically Handi-~
capped, to define its duties, and for other
purposes, introduced by Mr. SPaRKMAN
(for himself, Mr. Grorce, Mr. Tuomas of

 
Utah, Mr. Pepper, Mr. Jounson of Colo-
rado, Mr, Hiit, Mr. McFar.anp, Mr. Hoey,
Mr. Jounston. of South Carolina, Mr,
Mvyzrs, Mr. MoGratu, Mr. Neety, Mr.
HUMPHREY, Mr, KEFAUVER, Mr. BREWSTER,
My. AIKEN, Mr. Morse, and Mr. McCar-
THY), was received, read twice by its title,
referred to the Committee on Labor and
Public Welfare, and ordered to be printed
in the REcorp, as follows:

Be it enacted, ete., That there is hereby
created and established an agency of the
United States, to be known. as the Federal
Commission on Services for the Physically
Handicapped, which shall administer the
provisions of this act, and all activities out-
lined under the following titles:

TITLE I, PURPOSES

Sec. 101. The purposes of this act, in fur-
therance of the general welfare of the United
States, are (a) to provide for maximum
extension of medical services, education and
training, vocational guidance, and full-em-
ployment opportunities to citizens handi-
capped by physical or mental disability; (b)
to provide for a more effective coordination
of the functions of the Federal Government
relating to the rehabilitation and employ-
ment of the handicapped; (c) to establish
a Federal Interagency Committee on Reha-
bilitation and Employment of Handicapped;
(d) to establish a National Commission on
Employment of Handicapped, composed of
organizations and individuals outside of
Government, to encourage employment of
handicapped; ‘(e) to provide for cooperative
enterprises for the handicapped;: (f) to pro-
vide financial grants to. handicapped who
are totally and permanently disabled; (g) to
provide educational grants to handicapped
who require home or special training; to
establish the Federal Services to Handicapped
Revolving Loan. Fund,: from which fund
States may porrow money at. such times as
their own funds for vocational rehabilitation

826714—28862

‘ are exhausted, and to appropriate an initial

sum of $10,000,000 for such revolving loan
fund; (h) to.establish a Division for Handi-
eapped in the United States Civil Service
Commission; (i) to promote public safety
programs designed to eliminate and prevent
conditions which tend to promote injuries
and disease In public buildings, institutions,
parks etc.; (j) to provide for reports on the
handicapped from the United States Public
United States Bureau of
Mines, United States Coast Guard, Interstate
Commerce Commission, and Civil Aeronautics

Health Service,

Administration, and other Federal agencies
which may now receive, as a part of their
functions, reports upon persons disabled
through accidents or disease, and for other
purposes.
“PETLE. II, ORGANIZATION

Szc. 201. The Federal Commission on Serv-
ices for the Physically Handicapped (here-
shall be
headed by an Administrator, who shall- be

after termed the Commission)

appointed for a term of 4 years by the Presi-
dent, by and with advice and consent of
the Senate. The Administrator shall be
paid a salary of $15,000 per annum, and, af-
ter consultation with the Advisory Commit-
tee on Affairs of the Handicapped (hereinaf-
ter described), is hereby authorized and
directed to perform all duties, functions, and
He shall
have power to issue such rules and regu-

powers vested in him by this act.

lations as he may deem necessary to ef-
fectuate the purposes of this act, and to
fix the pay of officials and .employees: in

accordance with the Classification Act of

1923, as amended. He may also employ such
specialists and consultants as may be re-
quired, without reference to civil-service
laws.

Whenever practicable, persons ap-

‘pointed shall be drawn from otherwise quali-

fied, but physically handicapped applicants.
Src, 202. The functions of the Federal Se-
curity Administrator, relating to vocational

‘rehabilitation, and the Office of Vocational
’ Rehabilitation are hereby transferred to the
Commission, together with all funds, per-
sonnel, and records. Hereafter the Office of
Vocational Rehabilitation shall be abolished,
and the Federal: Commission on Services for
the Physically Handicapped. shall. adminis-
ter the Federal Vocational Training acts
heretofore administered by the Office: of. Vo-
cational Rehabilitation, retaining the pres-
ent personnel of that agency, and maintain-
ing the present relation with the States,
with such additional functions as may be
granted by this act.

GSEc.203..There is hereby established an
Advisory Council on Affairs of the Handi-
capped, to be responsible to the Adminis-
trator in the formulation of administrative
policies, and to advise him on any matters
relating to promoting the purposes of this
act. The Council shall consist of nine mem-~
bers, who. shall be selected by the Adminis-
trator, as follows: Two to be chosen as rep-
resentatives of the public; two, as repre-
sentatives of employers; two, as representa-
tives of bona fide labor organizations, and
three who are themselves physically hand-
icapped, from bona fide organizations of the
physically handicapped. The Administra-
tor shall be ex officio Chairman of the Ad-
visory Council, which shall act in an advis-
ory capacity to the Commission and shall
meet not less than twice’ yearly or oftener,
on call of the Chairman. Appointed mem-
bers shall serve for a period of 3 years and
shall be paid traveling and other necessary
expenses, and a per diem of $50 per day for
each day of actual service.

SEc.204. There is hereby established a
Federal Interagency Committee on Reha-
bilitation and Employment of Handicapped,
which shall comprise qualified representa-
tives to be chosen by the heads of all Federal
departments or agencies which now or in fu-
ture may have a substantial and significant
participation in activities dealing with prob-
lems of the handicapped,

826714—28862

shall
ehairman of the Federal Interagency Com-~

(a) The . Administrator serve as
mittee; shall prepare agendas therefor, and
shall effectuate, insofar as may be possible,
the programs and policies developed by the
committee.

(b) The purpose of this committee shalt
be to develop and effectuate more economical
and efficient methods for the administration
of activities relating to the handicapped, and
to perform and coordinate functions, in-
eluding research, to develop advanced pro-
grams for the blind, deaf, hard of hearing,
cardiacs, tuberculous, arthritics, epileptics,
poliomyelitics, cerebral palsied, amputees,
diabetics, and any other large or distinct
group of handicapped, such programs to
comprehend the following activities:

(2) To collect, tabulate, and make public
statistics pertaining to the physically handi-
capped.

(3) To ascertain what fields of employment
are available to the physically handicapped
and make such information public at least
once yearly,

(4) To acquaint employers in private ins
dustry with the special. capabilities of the
physically handicapped, and encourage their
employment, where feasible and practicable,
on an equal footing with the nonhandi-
capred.

(5) To cooperate with public and private
agencies, organizations, and individuals, in
the medical and vocational rehabilitation
and placement in suitable employment of
handicapped persons,

. Sec. 205. There is. hereby established a
National Commission on Employment of
Handicapped, to consist of organizations and
individuals outside of the Federal Govern-
ment, representing industry; business, labor,
veterans, farm, women, welfare, educational,
religious, civic, fraternal, scientific and pro-
fessional, and other groups and individuals
which, upon invitation of the Administrator,
acting for the President of the United
States, may voluntarily cooperate in advanc-
ing employment of handicapped persons.

’ (a) This Commission shall have the right
to establish its own rules of procedure and
to designate, by proper election, its chair-
man and other officers, and the small staff
required to carry on its work, as well as
quarters, equipment, and so forth, shall be
furnished by the Administrator.

(b) The sum of $250,000, or such part as
may be necessary, is hereby authorized to be
appropriated each year, out of the Treasury,
from moneys not otherwise appropriated, to
carry on the.work of this: Commission on
Employment of the Handicapped, and all
funds shall be cleared through the Admin~
istrator of the Federal Commission on Serv-
ices for the Physically Handicapped, upon
proper certification by the duly elected head
of the National Commission for Employment
of the Handicapped.

TITLE III, COOPERATIVE ENTERPRISES FOR
HANDICAPPED

Sec. 301. The sum of $10,000,000 is hereby
authorized to be appropriated, out of any
moneys in the Treasury not otherwise ap-
propriated, for the fiscal year 1950, and
$5,000,000 annually for each of the 5 years
thereafter, for establishing and maintaining
special industries for physically handicapped
persons. .

Sec. 302. Out of the foregoing sums, the
Commission is authorized and empowered to
make loans, through its State agencies and

States,
agencies
thereof, and to limited dividend associate
organizations organized under the laws of
any State or Territory, for the purpose of
financing work projects for-physically handi-
capped persons, primarily drawn from the
group regarded as “unfeasible for rehabilita-
tion” who require special conditions of em-
ployment and training, such as is now -af-
forded in a very limited way by various
so-called handicapped persons’ industries,

826714—28962 ,

affiliates, to persons, corporations,

Territories, or subdivisions or

sheltered workshops, etc. No single loan
shall exceed $20,000, and not less than 25
percent in amount of all loans shall be
granted in rural areas. ,

Sc. 303. Such loans shall be made on such
terms and conditions as the. Commission
shall determine: Provided, That, except as
provided in section 304, all loans shall be
self-liquidating in not to exceed 25 years, and
shall bear interest at a rate equal to the av-
erage rate payable by the United States’ on
its obligations having maturity in 10 years
or more after the dates thereof, issued dur-
ing the last preceding fiscal year in which
any such obligations were issued: Provided
further, That no loans for the ‘purchase,
construction, enlargement, or operation of
any plan shall be made without the consent
of the State authority having jurisdiction in
the premises. first being obtained.

Szc. 304. The Commission is hereby author-
ized to make loans to finance projects which
are not self-liquidating as provided in sec-
tion 308, upon receiving the written find-
ings of the Administrator that (1) such proj-
ect cannot be operated at a. profit, (2) any
loss will be caused by the physical handicaps
of the persons employed on the project; (3)
such loss will not exceed per centum of
the gross income of the project, (4) the per-
sons employed on the project will derive
substantial’. nonmonetary benefit there-
from, and (5) no other project has been
found which is feasible for such person or
persons and which will contribute to their
well-being.

TITLE IV. GRANTS TO STATES FOR AID TO THE To-

TALLY DISABLED, UNFEASIBLE FOR REHABILITA-

TION.

Szc. 401. Appropriation:

For the purpose of enabling each State to
furnish financial assistance to needy indi-
viduals who are physically or mentally hand-
icapped to such a degree that they are cer-
tified by the State agency representing the
Commission as being unfeasible for rehabil-
itation, there is hereby authorized to he
appropriated for the fiscal year ending June
80, 1950, the sum of $ » and there
is hereby authorized to be apropriated for
each fiscal year thereafter a sum sufficient
to carry out the purposes of sections 401-405
of this act. The stims made available under
this section shall be used for making pay-
ments to States which have submitted, and
had approved by the Commission, State
plans for aid.to the totally disabled.

Src. 402. State plans for aid to the totally
disabled: ,

(a) A State plan for aid to the totally dis-
abled must (1) provide that it shall be in
effect in all political. subdivisions of the
State, and, if administered by them, be man-
datory upon them; (2) either provide for
the designation or. establishment. of a single
State agency to administer the plan, utiliz-
ing present State agencies for vocational
rehabilitation, as provided for in section 202
of this act, or provide for the designation
of a single State agency to supervise ad-
ministration of the plan; (8) to provide for
payment of $60 per.month to each individual
certified by the State as totally and perma-
nently disabled, unfeasible for rehabilitation,

and without. means of livelihood and sup-

port; (4) provide that the State, through
appropriate agencies, subject to the regula-
tions of the Commission shail at least once
each year make a thorough medical exami-
nation of all nonfeasible cases to determine
whether they are capable of rehabilitation;
make a report of all cases found to be capable
of rehabilitation to the Commission; dis-
continue payments to such cases and apply
to them the regular processes of rehabilita-
tion, pursuant to the act of June 2, 1920,
case 219 (41 Stat. 735) as amended: Pro-
vided, That if any of such cases, determined
to be potentially capable of rehabilitation,
after treatment or training are found to be
incapable of taking care of themselves or
earning their own living, then, upon exami-
826714—28862

nation and certification by the States’ agency ,

or agencies representing the Commission,

the State shall re-enter such unfeasible cases

upon its registers and the monthly payment

of $60 shall be immediately issued; (5) pro=

vide for granting to. any individual whose

claim for aid is denied an oprortunity for

a fair hearing before such State agency; (6)

provide such methods cf administration (in-

cluding methods relating to the establush=
ment and. maintenance cf personnel stand=
ards on a merit basis, except that the Come
mission shall exercise no authority with re=
spect to the. selection, tenure of cfiice, and
compensation of any individual employed -in
accordance with such methods) as are found
by the Commission to be necessary for the
proper and efficient operation of the plan;

(7) provide that the State agency will make
such reports in such form and containing
such information as the Commission may,
from time to time require, and comply with
such provisions as the Commission may,
from time to time find necessary to assure
the correctness and verification of such re-
ports; (8) provide that the State agency
shall, in determining need, take into con-_
sideration any other income and resources
of an individual claiming aid to the totally
Gisabled; (9) provide safeguards which re-
strict the use or. disclosure of information
concerning applicants and recipients to pur-
poses directly connected with the adminis-
tration of aid to the totally disabled.

(b) The Commission shall approve any
plan which fulfills the conditions specified
in subsection (a), except that it shall not
approve any plan which imposes, as a con-
dition of eligibility for aid to the totally dis-
abled under the plan—

(1) any residence requirement which ex-
eludes any resident of the State, who has
resided there for 1 year immediately pre=
ceding the application; or

(2) .any citizenship requirement which ex-
cludes any citizen of the United States.
(c) The lack of requirement in this title
for financial participation by the States in
plans for aid to the totally disabled shall not
preclude individual States from paying ad-
ditional benefits to such persons, nor shall
applicants for such aid to the totally disableq
be debarred from applying for, or receiving
other benefits, if such are necessary and jus-
tified to provide living expenses, medical
costs, care by attendants, and so forth.

Sec. 403. Payments to States:

(a) From the sums appropriated there-
for, the Secretary of the Treasury shall pay
to each State which has an approved plan
for aid to the totally disabled, for each quar~
ter, beginning with the quarter commencing
eae oee ee » (1) an amount, which shall be
used exclusively as aid to the totally disabled,
equal to the multiple of $60 times the num~
ber of monthly payments made during each
quarter to individuals certified by the State
agency representing the Commission, pur-
suant to section 402 (not including any in
dividual who had been reported by the State
to the Commission as capable of rehabilita~
tion unless such individual has been subse-
quently found to be incapable of rehabilita»
‘tion) and (2) an amount equal to the total
of the sums expended during such quarter
as found necessary by the Commission for
the proper and efficient administration of the
State plan, which shall be used for paying
the costs of administering the State plan or
for aid to the totally disabled, or both, and
for no other purposes. .

(ob) the method of computing and paying
such amounts shall be as follows:

(1) The Commission shall, prior to the
beginning of each quarter, estimate the
amount to be paid to the State for such
quarter under the provisions of subsection
(a), such estimate to be based on (A) a re-
port filed by the State containing its estimate
of the-total sum to be expended in such quar-=
ter in accordance with the provisions of such
subsection, .and stating the amount appro-

826714—28862

priated or made available by the State and its
political subdivisions for such expenditure in,
such quarter, and if such amount is less than
the State’s proportionate share of the total
sum of such estimated expenditures, the
source or sources from which the difference
is expected to be derived, (B) records show-
ing the number of handicapped. individuals
in the State, and (C) such other investiga=
tion as the Administrator may find necessary.
(2) The Commission shall then certify to
the Secretary of the Treasury the amount
estimated by the Commission, (A) reduced or
increased, as. the case may be, by any sum
which he finds that his estimate for any prior
quarter was greater or less than the amount
which should have been paid to the State
under subsection (a) for such quarter, and
(B) reduced by a sum equivalent to the pro
rata share to which the United States is
equitably entitled, as determined by the
Commission, of the net amount recovered
during a prior quarter by the State or any
political subdivision thereof with respect to
aid to the totally disabled furnished under
the State plan; except that. such increase or
reduction shall not be. made to the. extent
that such sums have been applied to make
the amount certified’ for any prior quarter
greater or less than the amount estimated
by the Commission for such. prior quarter:
Provided, That any part of the amount re-
covered from the estate of a deceased recipi-
ent which is not in excess of the amount ex-
pended by the State or any political subdivi-
sion thereof for the funeral expenses of the
deceased shall not be considered as a’basis
for reduction under the clause (B) of this
paragraph, :
(8) The Secretary of the Treasury shall
thereupon, through the Fiscal Service of the
Treasury Department, and prior to audit or
settlement by the General Accounting Office,
pay to the State at the time or times fixed by
the Administrator the amount so certified.
Sec. 404. Change in or failure to comply
with plans; stopping paymenits:

In the case of any State plan for aid to the
totally disabled which has been approved by
the Commission, if the Commission, after
reasonable notice and opportunity for hear-
ing to the State agency administering or
supervising the administration of such plan,
finds that in the administration of the plan
there is a failure to comply substantially with
any provisions required by section 402 of this
act to be included in the plan, or that the
plan has been so changed or administered. as
to impose any residence or citizenship re-
quirement prohibited by section 402 (b).
The Commission shall notify such State
agency that further payments will not be
made to the State until the Commission is
satisfied that such prohibited requirement is
no longer so imposed, and there is no longer
any such failure to comply. Until he is so
satisfied the Administrator of the Commis-
sion shall make no further certification to
the Secretary of the Treasury with respect to
such State.

Sec. 405. The Commission, upon compila-
tion of reports received from State agencies
administering this. program, shall report to
the President and to ‘the Congress each year
upon the number and type of unfeasible
cases, and the disposition made thereof.
TITLE V, EDUCATIONAL GRANTS FOR UNFEASIBLE

CASES

Sec. 501. There is hereby authorized to be
appropriated, out of any moneys in the
Treasury not otherwise appropriated, the
sum of $5,000,000 for the fiscal year 1950,
and $2,000,000 annually, thereafter, and from
the amounts hereunder appropriated, the
Commission is authorized and empowered,
through its State agencies, to make outright
grants to local nonprofit educational groups,
school boards

including local providing

special services to handicapped, organized

with the objective of affording a means of
teaching and training physically handi-
826714 —28862

capped persons, commonly known ‘as shut-
ins, whose disabilities confine them to their
homes, or beds. Grants shall be made pro
rata on the basis. of population: Provided,

That not less than 25 percent of all grants

‘in any fiscal year shall be made to, groups

located in rural areas.

TITLE VI, FEDERAL SERVICES TO HANDICAPPED
REVOLVING LOAN FUND

Sec. 601. There is hereby established the
Federal Services. to Handicapped Revolving
Loan Fund, which, upon application by
States, shall provide loans to States at such
times as State funds for vocational rehabili-
tation are exhausted, to replenish such
State funds for vocational rehabilitation and
enable such work to be carried on without
interruption, .

(a) Loans shall be made on pro rata basis
of population, and not less than 25 percent
of such loans must be used by States obtain-
ing loans for vocational rehabilitation, in
rural areas.

(o) The sum of $10,000,000 is hereby au~
thorized to be appropriated out of the
Treasury, from funds not otherwise appro-
priated, to establish said fund, and loans
may be made from the fund by the States
immediately after the fiscal year beginning
July 1, 1949,

(c) States obtaining such loans shall pay
interest at the rate of 2 percent per annum
to the Federal Government, to amortize cost
of operation of the revolving loan fund.

(d) States subscribing to such loans shall
repay, in full, within 80 days after adjourn-
ment of State legislatures which have met
following consummation of such loans,

(e) The fund shall be administered by
the. Administrator of the Federal Commis-
sion on Services for the Physically Handi-
capped, under such rules and regulations as
he may prescribe.

(f) The Administrator 1s hereby author-
ized and directed to appoint such staff and
assistants as may be required to operate the
fund, and report, in detail, upon operation
of the. fund, including a statement of all
receipts and disbursements, to the President
and to Congress, at the beginning of each
regular session of the Congress.

TITLE VII. UNITED STATES CIVIL SERVICE

: COMMISSION

Sec. 701. There is hereby established in
the United States Civil Service Commission
a Division for the Physically Handicapped,
with a chief, and such staff as may be re-
quired. It shall be the duty of the Divi-
sion to deal with problems attendant upon
the recruitment, examination, and appoint-
ment of physically handicapped applicants
for empioyment in the Federal civil service.
It is declared to be the policy of the Con-
gress that no citizen, otherwise qualified,
shall be denied the right to examination and
appointment, by reason of physical disability.

Szc. 702. The expense of the operation and
administration of the Division for the Physi-
cally Handicapped shall hereafter be included
in the regular appropriations for the Civil
Service Commission. Such sums as are nec-
essary for the establishment and operation
of the Division are hereby authorized to be
appropriated.

TITLE VIII. AID TO THE BLIND

Sec. 801, Operations under this act shall
continue present aids to blind, through com-
missions, bureaus, or divisions for blind now
established. Benefits now received by the
blind shall not prejudice nor debar the blind
from ‘seeking or receiving such additional
benefits as may be made available under this
act, nor shall anything in this act be con-
strued as abolishing or limiting any benefits
now received by the blind.

TITLE IX. PROMOTION OF PUBLIC-SAFETY

PROGRAMS

Sec. 901. The Commission is authorized
and directed to cooperate with all Federal
‘agencies in devising and arranging proper
safeguards to life and limb in public puild-

82671428862

10

ings, public institutions, and public paras,
and assisting in the development of programs
to eliminate conditions tending to promote
disease or cause injury, on Federal proper-
ties.

(a) The Commission shall collaborate and
cooperate with the Public Buildings Admin-
istration, and assist in planning proper as-
signments of safety engineers and sanitary
engineers, who may, with the consent of the
agency having jurisdiction, at the direction
of the Public Buildings Administration, in-
spect and report on any and all buildings
used by the Federal Government.

(b) The Commission may also cooperate
with the American Institute of Architects

and other interested groups and individuals,

with a view to having public and other build-
ings constructed or remodeled, with ramps,
in addition to stairs and/or elevators, and
with railings to facilitate the free and safe
movement of lame and crippled persons.

TITLE X. REPORTS ON HANDICAPPED FROM

FEDERAL AGENCIES

Sec, 1001. The United States Public Health
Service, United States Bureau of Mines,
United States Coast Guard, Interstate Com-
merce Commission, Civil Aeronautics Admin-
istration, and other Federal agencies which
may now receive, as a regular part of their
functions, reports upon persons disabled
through accidents or disease, in local, State,
or regional epidemics of disease, or in dis-
asters in mines, sinking or disabling of ships,
railroad accidents, aviation crashes, shall
transmit to the Federal Commission on Serv-
ices for the Physically Handicapped a report
upon such epidemics, or accidents, and, as
far as may be possible or practicable, submit
the names and addresses of those severely
disabled by reason of such epidemics or acci-
dents, as soon after such occurrences as may
be possible.

TITLE XI. GENERAL PROVISIONS

Sec, 1101. The term “States,” as. used in
this act, means any of the States of the
Union; also Alaska, Hawaii, Puerto Rico, Vir-
gin Islands, and the District of Columbia.
Src. 1102. For the purpose of administering
this act and for the purpose of making the
investigations, studies, publications, and re-

ports herein provided for, including cost of...

personal services in the District of Columbia,

and elsewhere, stenographie recording and _
translating services, including such services |

rendered on a contractural basis, without re
gard to section 3709 of the Revised Statutes
traveling expenses for attendance a+ meetings’
when specifically authorized by the Admins
istrator, supplies and equipment, purchase
and exchange of medical and reference books,
directories, periodicals, newspapers, and press
clippings; purchase, operation, and mainte-

and binding (in addition to that otherwise.

‘provided by law), and for all other necessary
expenses in carrying out the provisions of

this act, there are hereby authorized to be’

appropriated for each fiscal year such sums as
the Congress may determine to be necessary.
Sxc. 1103. The provisions of this act shall

not apply and the Government shall not be Q

 

liable for claims in the cases of persons wh

are adequately provided for financially, by
means such as the following:

(1) Recovery of large amounts on suits for
damages in personal-injury cases.

(2) Payment of special compensation for
injury or disease, covered by State laws, or
by special Federal enactment. /

(3) Other conditions under which disabled

persons are provided adequate compensation’

and assistance.

Sec. 1104. If any provision of this act, or
the application thereto to any person or.
circumstance ‘s held invalid, the remainder.

of the act, and the application of such pro=

visions to other persons and circumstances
shall not be affected thereby.

Suc. 1105. This act shall be known as the:
“Federal Aid to the Physically Handicapped

Act.”
826714—28862

WY

 

 

 
  
 

SEC. 1106, All laws or parts of laws in con-
flict with this act are hereby repealed.

Sec. 1107. This act shall be effective 90
days after date of enactment.

The statement and analysis of the bill

“presented by Mr-Sparemmn-were.ordered

to be printed in the Recorp, as follows:
STATEMENT or PAUL A. STRACHAN, PRESIDENT,
AMERICAN FEDERATION OF THE PHYSICALLY
EIANDICAPPED, INC., ON THE Bitz To EsTaB-~
LISH A FEDERAL COMMISSION ON SERVICES FOR
THE PHYSICALLY HANDICAPPED _ .
How many of our citizens are physically
handicapped? No one knows the exact
humber, but, selective service rejected one
out of three, in the draft, and it should be

nance of motor-propelied vehicles; printing » considered that these were in the age limits

of from 18 to 45, and, thus, presumably per-
sons in the prime of life.

A summary of testimony of experts ap-
pearing before the House Committee To In+
vestigate Aid to the Physically Handicapped,
of which Hon. AuGuUSTINE B, KreLLey, Penn-
sylvania, was chairman, estimated a total
of not less than 38,000,000 of our people, in
some degree physically disabled. The Re-
training and Reemployment Administration,
under Maj. Gen. Graves B. Erskine, USMC,
Administrator, conservatively estimated at
least 28,000,000.

This poses a tremendous question for every
citizen, “What are we doing to enable our
millions of handicapped to be rehabilitated
and placed in suitable employment?” The
problems and difficulties of these millions
of disabled citizens are growing more acute
each day. These are specialized problems
which can only be dealt with successfully;
by specialists in a specialized way. Hence,
it is time for the Federal Government to
take leadership in this field by esteblish-
ing a Federal Commission on Services for
‘the Physically Handicapped, to function
solely in their interest.

Administration of such an agency should

_ he independent of other phases of Govern-
ment activity, although, of course, it should
be properly based where its functions are
understood and given sympathetic consider=
ation. The President, the Congress, the
public, and particularly the handicapped
themselves are entitled to know what is

being done for the disabled; by whom it is -

To-
day, agencies dealing with these matters

being done; the cost, and the results.

are scattered widely; they have little or no
coordination and there is bound to be du-
plication of effort. and consequent waste of
time and taxpayers’ money, to say nothing
of the fact that. present services, facilities,
and personnel are wholly inadequate to the
needs of the handicapped.

As cited, requirements of our millions of
handicapped are growing more acute, each
day, particularly those who are civilians, and
they cannot be adequately dealt with on any
If the
transportation interests are serviced in the

other than a basis of special service.

Government by the Interstate Commerce
Commission; banking interests by the Fed-
eral Reserve Board, Reconstruction Finance
Corporation, and _ several other agencies;
farmers and cattle raisers by the Department
of Agriculture; working people by the De-
partment of Labor; Veterans by the Veter-
ans’ Administration; those of road builders
and construction groups by the Federal
Works Agency, and many other special groups
‘having their interests represented by. special
services of the Federal Government, then, in
justice and equity, to say nothing of con-

servation of lives and human values, as well °

as strengthening the national security by
improving the welfare of our people—the
handicapped, who have no such services, and
few real champions, are fully entitled to a
special agency in their own interest—-prop-
erly manned by experts, and equipped with
facilities and means sufficient to do a real
job, instead of merely scratching the surface,
as is now the case.
826714—28862

12 -

Rehabilitation is a meaningless term,
because, only a few understand what it is
supposed to mean, and because of the pre-
vailing confusion as to the objectives it
should accomplish. For example, to the
physician or surgeon, medical
treatment, surgery, or therapy. To the edu-

it means,

cator, it means education and training, or re-
training. To the vocational guidance ex-
pert, it means counseling, and, to the place=
ment officer, it means, placement in suitable
employment. To the handicapped, it is our
experience that at least 80 percent of them
do not know the meaning of the word reha-
bilitation, and consequently, it has. no sig-
nificance to them, or bearing upon their
problems,

Therefore, to clarify and improve the un-
derstanding of the public, we propose chang-
ing the present Office of Vocational Rehabili-
tation to the Federal Commission on Services
for the Physically Handicapped, so that all
people, and especially. the handicapped,
themselves, who, after more than 80 years of
attempting to sell the term to them, are still
in. ignorance of what rehabilitation stands
for, will know exactly what the agency means,
and what it is supposed to do for them.

Such a Commission would be able to cope
more successfully with the multiple require-
ments of. handicapped than any office or
bureau. It should have independent powers
because it will deal with many subjects here-
tofore not part of the rehabilitation concept

but which are necessary if the job is to be
done right.

After more than 80 years’ observation,
study, and practice in this field, we firmly
believe passage of this bill to be essential to
the proper development of a program for

. the handicapped, and, for the welfare of the
Nation itself. We feel that Congress can
thus express its long-publicized desire and
intent to afford better services for the dis-
abled, and by so doing, concentrate suffi-
ecient of the present forty-odd activities

under one head, so that ‘better adminis-

tration. and more economy will produce
greater results.

Obviously, Congress cannot be expected
to be familiar with all details of a field
“which is now covered by these forty-odd

Federal agencies, each of which has a part
of the handicapped program. Neither is it
the intent of this bill to arbitrarily uproot
all of these agencies and pitch them into
one pot, but rather, take one agency and
build around it, and from time .to time such
agencies as are shown to be within its de-
fined area could be properly integrated in
the Commission until a. well-proportioned
whole is achieved. In one sense, the pro-
posed Federal Commission is not a new
agency, but simply, a present one, under a
new hame, and with adequate powers and
means to deal with these great problems of
the handicapped. :

We stress that the Commission would pro-
vide important and necessary services which
are not now provided, and because of their
lack, make present operations of the pro-
gram incomplete, awkward, and in many in-
stances, wholly unworkable—all of which
is a detriment to the Nation’s welfare and
particularly the welfare of the millions of
handicapped who require such services.

TITLE I, PURPOSES
This briefly outlines the scope of the act.
TITLE II. ORGANIZATION

This outlines and defines the functions of
the Commission and the
thereof.
that-much of the present duplication and

administrator
Under this title, it is pointed out
waste of effort and money could be
eliminated, because the prime objective
here is to coordinate many functions now
Also,
present agencies lack requisite powers to

scattered through various agencies.

educate the public, particularly employers,
as to the value of handicapped as workers,
826714—28862,

13

and this title confers such powers upon the
proposed Commission.

This title transfers the functions of the
Federal Security Administrator, relating to
vocational rehabilitation, and the Office of
Vocational Rehabilitation to the proposed
Commission, and henceforth all Federal voca~
shall
under the Commission. The present staff of
the Office of Vocational Rehabilitation would
be retained, and the Federal-States relation-

tional rehabilitation acts operate

ship continue, as under the present law.

It establishes an Advisory Council on
Affairs of the Handicapped, composed of ex-
perts in this field, as a policy-developing
unit; the need for which is very clear.

It provides a base for, and outlines the
functions of, the Federal Interagency Com-
mittee on Rehabilitation and Employment
of Handicapped, as a coordinating body, to
bring order out of the present chaos, wherein
approximately 40 agencies go in different
directions at the same time. The proposed
commission is the logical place to coordinate
such activities, and its composition would,
doubtless, thus be the means of effectuating
greater efficiency and economy in the opera-
tions of the various agencies involved.

It establishes a National Commission on
Employment of Handicapped, to consist of
representatives of national organizations and
individuals, outside of Government, to func-
tion voluntarily, on a year-round basis, to
encourage employment of handicapped.
This would provide a necessary and logical
base, for example, for the activities of the
present “President’s Committee on National
Employ the Physically Handicapped Week,”
which has no present legal status and which
should, logically, be based in the Commission,
Since the “President’s Committee on Na-.
tional Employ the Physically Handicapped
Week” has no funds to project and expand
educational campaigns to promote employ-
ment of handicapped, this provides a rela-

tively small sum for that purpose,
_ TITLE III, COOPERATIVE ENTERPRISES FOR
HANDICAPPED _

The Congress should remedy the present
situation, wherein submarginal public assist-
ance to handicapped does not provide them
means to live, be treated, and trained, so that
they may earn their own living, and thus
make substantial contributions to the na-
tional econemy, if possible to do so, by learn-~
ing trades or occupations, under conditions
wherein their handicap is not a factor, or,
at least, is properly evaluated and provided
for.

Cooperative enterprises for handicapped
offer great opportunities for such vitally
needed functions. Among other activities
they would permit establishment and opera-
tion of sheltered workshops, which are not a
new concept, but, have already proven of
great value in many respects. Yet, they are
too limited in number, have inadequate
facilities, personnel, and means, and in many
instances lack proper business. management.
They offer a practical solution for the lack of
training schools, as well as a means of af-
fording income for otherwise capable, willing,
and ambitious handicapped people, who have

never had opportunity to earn a living,

especially when pitted against nonhandi-

capped in our rigid, competitive employment

system,

TITLE IV. GRANTS TO STATES FOR TOTALLY DISs=
ABLED, UNFEASIBLE FOR REHABILITATION

Nearly 5 years ago, the Social Security
Board estimated that there were, then, con-
servatively, 3,600,000 totally and permanently
disabled people in the United States, and
since that time, unquestionably, there has
been a very material increase, and today’s
,estimates would probably run to as high as
7,000,000 thus severely disabled. These, for
the most part, are termed “unemployable,
and nonfeasible for rehabilitation.” Many of
them are bedfast, confined to wheel chairs,

or on crutches, and a considerable number
are destitute and wholly dependent upon un-
26714—28862

14

certain. charity to sustain even the barest
necessities of Life,

In the light of continued improvement in
medicine, surgery, and therapeutics, as well
ag discovery and application of new drugs and
new types of treatments, it is reasonable to
believe that. many such cases, rated un-«
feasible yesterday, or today, may, within a
week, a month, or a year, or even longer, be-
cause of some new discovery, become entirely
feasible of rehabilitation,

Cn the other hand, when only superficial
medical examinations or treatment are given,
or, because of the extremely serious condi-
tion of the patient, the expense of such
treatments as might be given are deemed. too
expensive to be met under. present budgets of
rehabilitation and social agencies, as, no
doubt, in many instances has been the case
when the applicant is termed unfeasible,
there is room for considerable margin of
doubt, if not positive error, in such diagnosis
and findings, and no medical examination
should be accepted that is not thorough in
every respect, and such examinations should
be given at reasonably frequent intervals,
as @ means of proper determination, in any
case.

The only practicable, just, and humane
way to deal with this matter is, to see to it
that such persons are afforded thorough
diagnosis. by qualified physicians, and, if the
findings show such persons to be totally un-
feasible for rehabilitation, then, if such per-
sons are destitute, or wholly dependent upon
others for livelihood, who, themselves, are
unable to bear the expense of providing a
living for such unfeasibles, then, such un-
feasibles should be certified by the Commis-
sion as being wholly unemployable, and pro-
vided, initially, with a Federal grant—the
modest sum of $60 per month.

Operations under this title would act as &
double check, most effectively, and would
reveal, over the long run, a more. accurate
picture of the so-called shut-ins, arid ‘pro-
vide for their needs, however meagerly, by
recognizing the Federal obligation to them,
by a small grant, if they are disqualified for
rehabilitation, and ‘cannot support them-
selves,

Rehabilitation agencies would have the re=
sponsibility of periodically giving medical
examination to such unfeasible cases, so that
the real objective would be carried out—re~
habilitation, and not grant, or pension, un-~
less the latter is absolutely necessary. But,
as an alternative, there would be provided
4@ means of meeting, and routing, the fear of

poverty, illness, and the misery of . being

wholly dependent upon others who lack
means themselves, in the minds of destitute
and totally:disabled handicapped citizens.

Moreover, this would afford a means to put
the Nation on record that, hereafter, the first
consideration of its disabled shall be, to get
them well, and back to work, if possible,
rather than leave them to charity, in the
guise of public assistance, or hold the false
hope of pension in front of the noses of such
handicapped people. :

This title also provides an outline for
States’
thereof, and we strongly urge upon Congress

participation, and administration
the great need and desirability of approving
this title.
TITLE V. EDUCATIONAL GRANTS FOR UNFEASIBLE
CASES

Many handicapped, especially those in
rural, sparsely settled areas, are denied accéss
to educational facilities. In many cases,
schools are located considerable distances
from the homes of persons where, for exam-
ple, there are handicapped childien, and it is
not practicable for such handicapped chil-
dren, or even adults, to attend such schools.

This ttle provides a modest beginning on
development of a great and e& sential pro-
gram—that of teaching the home-bound
handicapped. In the case of shut-ins, it
would provide a godsend, indeed, as develop-

€26714-—28862

15

ment of this program, within the next few
years would, doubtless, biing the priceless
boon of all latest and most scientific means
of learning, right to the bedside, by radio,
motion pictures, television, sound recordings,
etc. .
TITLE V. FEDERAL SERVICES TO HANDICAPPED
REVOLVING LOAN FUND

Under this title, there would be established
a@ revolving loan fund, with an initial sum of
$10,000,000, from which States which have
exhausted their own funds for vocational
rehabilitation may borrow, so that this im-
portant work could be carried on without
interruption,

Operations of the present Feceral-State
vocational rehabilitation system has shown
that, periodically, under the stress of con-
tinually increasing applications for service
therefrom, States frequently go broke, and
are unable to give the full service to handi-
capped. Such a condition, today, exists in
scme 28 or more States, where, although
administrative costs are paid, for officials
and employees, very little or- no real services
to handicapped can be performed, for lack
of other money,

Establishment of such a revolving loan
fund is, therefore, a necessity, if the pro-
gram is not to be subjected to continual
break-downs for lack of money at critical
times,

TITLE VII. UNITED STATES CIVIL, SERVICE COM~
MISSION :

Growing requirements of Civil Service,
dealing with physically handicapped people,
necessitates establishing a regular division
Within the Civil Service Commission for that
express purpose, The expense would be nom-
inal; examination and placement facilitated:
the effects far-reaching and beneficial, and
operations under this title would implement
the declaration of congressional policy, ex-
emplified in H. R. 4236 (80th Cong., 2d sess.)
which provides that no handicapped person,
othe. wise qualified, shall be denied exami-
nation or appointment to positions for which
they may be fitted.
TITLE VIII, AID TO THE BLIND
This continues and expands present assist-
Tt
provides additional means of training, over

ance and rehabilitation to the blind. -

the present set-up, of which blind may avail
themselves, if they so desire, .
TITLE IX. PROMOTION OF PUBLIC SAFETY PRO-
GRAMS

This title provides for collaboration and
cooperation with Yederal and private agen-
cies, so develop inspection services not now
in general use, but, badly needed, both from
the standpoint of conserving the health of
employees of the Government, and the public
using Government buildings, but, actually
saving money for the Government by elimi-
nating causes of accident and-disease to Fed-
eral workers and others. /

It is manifest that ths Federal Government
should take steps immediately to prevent ac-
cident, or disease, in the erection or recon-
ditioning of buildings, institutions, and
parks, and the equipping thereof, to pro-
vide such safeguards as may be necessary,
upon recommendation of qualified safety and
sanitary engineers and other specialists at
interest. 4

826714—28862

16

TITLE .X.. REPORTS ON HANDICAPPED FROM FED=<
ERAL AGENCIES

With but rare exceptions, diseases and ac-

cidents, leading to physical handicap, are not

They get better,

static, but dynamic: or

‘worse, as the case may be, but they should

be immediately treated, if the individual is
to have. a fair chance of full recovery,

Unquestionably, it would expedite these
matters if Federal agencies at interest, the
Public’ Health Service, Bureau’ of Mines,
Coast Guard, Interstate Commerce Commis-
sion, Civil Aeronautics Board, and other
Federal agencies, would provide full reports
to the Commission as soon as such accidents
or diseases occur, so that no time would be
lost in getting remedial activities under way.
Such. agencies already receive such reports
from their field staffs, and there is no good
reason why the field representatives of the
Commission could not, after such reports
had been transferred to them, make investi-
gation to determine whether the Commis-
sion’s services could and/or should be utilized
advantageously.

TITLE XI. GENERAL PROVISIONS

This title provides for the appropriations
which may be necessary to operate the Com-
Mission, shows what type of persons would
not be eligible for the benefits administered
by the Commission, etc,