CHAPTER 4—VOCATIONAL REHABILITATION OF PERSONS INJURED IN INDUSTRY
Section 31, acts June 2, 1920, ch. 219, §1, 41 Stat. 735; June 5, 1924, ch. 265, 43 Stat. 431; June 9, 1930, ch. 414, §1, 46 Stat. 524; June 30, 1932, ch. 324, §1, 47 Stat. 448; July 6, 1943, ch. 190, §1, 57 Stat. 374; Aug. 3, 1954, ch. 655, §2, 68 Stat. 652; Nov. 8, 1965, Pub. L. 89–333, §2(a), 79 Stat. 1282; Oct. 3, 1967, Pub. L. 90–99, §2, 81 Stat. 250; July 7, 1968, Pub. L. 90–391, §§2, 7(c), 82 Stat. 298, 300; Dec. 31, 1970, Pub. L. 91–610, §1, 84 Stat. 1817, related to grants to assist in rehabilitating handicapped individuals, providing in subsec. (a) authorization to make grants and a statement of purpose and in subsec. (b) authorization of appropriations.
Section 32, acts June 2, 1920, ch. 219, §2, 41 Stat. 735; July 6, 1943, ch. 190, §1, 57 Stat. 374; Aug. 3, 1954, ch. 655, §2, 68 Stat. 652; Nov. 8, 1965, Pub. L. 89–333, §2(a), 79 Stat. 1282; July 7, 1968, Pub. L. 90–391, §§3, 4, 5, 82 Stat. 298, related to grants to States for vocational rehabilitation services, providing in: subsec. (a) for computation of allotments; subsec. (b) for amount of payments and adjusted Federal shares; and subsec. (c) for private contributions for construction or establishment of facilities.
Section 33, acts June 2, 1920, ch. 219, §3, 41 Stat. 736; June 5, 1924, ch. 265, 43 Stat. 431; June 9, 1930, ch. 414, §2, 46 Stat. 524; June 30, 1932, ch. 324, §2, 47 Stat. 449; July 6, 1943, ch. 190, §1, 57 Stat. 376; Aug. 3, 1954, ch. 655, §2, 68 Stat. 654; Nov. 8, 1965, Pub. L. 89–333, §2(a), 79 Stat. 1283; July 7, 1968, Pub. L. 90–391, §6, 82 Stat. 299, related to grants for innovation of vocational rehabilitation services, providing in: subsec. (a) for the basis of allotments; subsec. (b) for duration of payments; subsec. (c) for restriction on payments; and subsec. (d) for additional amounts.
Section 34, acts June 2, 1920, ch. 219, §4, 41 Stat. 736; June 9, 1930, ch. 414, §3, 46 Stat. 525; July 6, 1943, ch. 190, §1, 57 Stat. 377; Aug. 3, 1954, ch. 655, §2, 68 Stat. 655; Aug. 3, 1956, ch. 903, 70 Stat. 956; Aug. 28, 1957, Pub. L. 85–198, §1, 71 Stat. 473; Aug. 28, 1957, Pub. L. 85–213, 71 Stat. 488; Nov. 8, 1965, Pub. L. 89–333, §§4(a), 5(a), 12(a), (b)(1), (2), 79 Stat. 1289, 1290, 1293; Oct. 3, 1967, Pub. L. 90–99, §3, 81 Stat. 251; July 7, 1968, Pub. L. 90–391, §7(a), (b), (d), 82 Stat. 299, 300; Dec. 31, 1970, Pub. L. 91–610, §2, 84 Stat. 1817, related to grants for special projects, providing in: subsec. (a) general provisions; subsec. (b) for payments; and subsec. (c) for National Advisory Council on Vocational Rehabilitation.
Section 35, acts June 2, 1920, ch. 219, §5, 41 Stat. 736; June 30, 1932, ch. 324, §3, 47 Stat. 450; July 6, 1943, ch. 190, §1, 57 Stat. 377; Aug. 3, 1954, ch. 655, §2, 68 Stat. 656; Nov. 8, 1965, Pub. L. 89–333, §§8(a), 12(b)(1), 79 Stat. 1291, 1293; Oct. 3, 1967, Pub. L. 90–99, §6, 81 Stat. 253; July 7, 1968, Pub. L. 90–391, §8, 82 Stat. 300, related to State plans, providing in: subsec. (a) for requirements for approval; subsec. (b) for approval; subsec. (c) for withholding or limitation of payments; and subsec. (d) for judicial review.
Section 36, acts June 2, 1920, ch. 219, §6, 41 Stat. 737; June 5, 1924, ch. 265, 43 Stat. 432; June 9, 1930, ch. 414, §4, 46 Stat. 526; June 30, 1932, ch. 324, §4, 47 Stat. 450; July 6, 1943, ch. 190, §1, 57 Stat. 378; Aug. 3, 1954, ch. 655, §2, 68 Stat. 658, related to method of computing and making payments.
Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 644, repealed section 36 of this title, insofar as section 36 authorized an appropriation to finance the operation of the Federal Board for Vocational Education, and insofar as it provided for certain salary restrictions.
Section 37, acts June 2, 1920, ch. 219, §7, 41 Stat. 737; July 6, 1943, ch. 190, §1, 57 Stat. 378; Aug. 3, 1954, ch. 655, §2, 68 Stat. 658; Aug. 28, 1957, Pub. L. 85–198, §2, 71 Stat. 474; Nov. 8, 1965, Pub. L. 89–333, §§5(b), 7, 12(b)(1), 79 Stat. 1290, 1291, 1293; July 7, 1968, Pub. L. 90–391, §9, 82 Stat. 301, related to administration, providing in: subsec. (a) general provisions; subsec. (b) for rules and regulations; subsec. (c) for research and dissemination of information; subsec. (d) for authorization of appropriations; and subsec. (e) for evaluation of vocational rehabilitation program.
Section 38, act June 2, 1920, ch. 219, §8, as added July 6, 1943, ch. 190, §1, 57 Stat. 379; amended Aug. 3, 1954, ch. 655, §2, 68 Stat. 659; Nov. 8, 1965, Pub. L. 89–333, §12(b)(3), 79 Stat. 1293, related to promotion of employment opportunities.
Section 39, act June 2, 1920, ch. 219, §9, as added July 6, 1943, ch. 190, §1, 57 Stat. 379; amended Aug. 3, 1954, ch. 655, §2, 68 Stat. 659, related to annual reports to Congress.
Section 40, act June 2, 1920, ch. 219, §10, as added July 6, 1943, ch. 190, §1, 57 Stat. 379; amended Aug. 3, 1954, ch. 655, §2, 68 Stat. 659, related to appropriations for administration.
Section 41, act June 2, 1920, ch. 219, §11, as added July 6, 1943, ch. 190, §1, 57 Stat. 379; amended Aug. 3, 1954, ch. 655, §2, 68 Stat. 659; Aug. 1, 1956, ch. 852, §16, 70 Stat. 910; June 25, 1959, Pub. L. 86–70, §24, 73 Stat. 147; July 12, 1960, Pub. L. 86–624, §20, 74 Stat. 416; Nov. 8, 1965, Pub. L. 89–333, §§6(a), 9, 10(a), 11, 12(b)(1), (c), (d), 13, 79 Stat. 1291–1294, Oct. 3, 1967, Pub. L. 90–99, §7, 81 Stat. 253; July 7, 1968, Pub. L. 90–391, §10, 82 Stat. 301, related to definitions.
Section 41a, act June 2, 1920, ch. 219, §12, as added Nov. 8, 1965, Pub. L. 89–333, §3, 79 Stat. 1284; amended July 7, 1968, Pub. L. 90–391, §11, 82 Stat. 303; Dec. 31, 1970, Pub. L. 91–610, §3, 84 Stat. 1817, related to grants for construction and staffing of rehabilitation facilities, providing in: subsec. (a) for authorization to make grants; subsec. (b) for project requirements, assurances, plans and specifications, and labor standards; subsec. (c) for percentage shares; subsec. (d) for reservation of grant funds, payment, and additional payments; subsec. (e) for recovery of Federal share upon cessation of public or non-profit character of rehabilitation facilities; subsec. (f) for grants for staffing facilities with professional or technical personnel and limitation on Federal share; subsec. (g) for planning grants; subsec. (h) for adjustments for overpayments or underpayments; subsec. (i) for authorization of appropriations; and subsec. (j) for definitions of "construction", "cost" of construction, and what a project for construction of a rehabilitation facility which is primarily a workshop, may include.
Section 41b, act June 2, 1920, ch. 219, §13, as added Nov. 8, 1965, Pub. L. 89–333, §3, 79 Stat. 1286; amended July 7, 1968, Pub. L. 90–391, §12, 82 Stat. 303; Dec. 31, 1970, Pub. L. 91–610, §4, 84 Stat. 1817, related to rehabilitation facility improvement, providing in: subsec. (a) for grants for projects for training services, authorization, definition of training services, allowances, and payments; subsec. (b) for rehabilitation facility improvement grants; authorization, improvement of service capability, and payments; subsec. (c) for technical assistance to rehabilitation facilities, and compensation of experts and consultants; subsec. (d) for National Policy and Performance Council, its establishment, membership, function, and compensation of members; subsec. (e) for labor standards; and subsec. (f) for authorization of appropriations.
Section 41c, act June 2, 1920, ch. 219, §14, as added Nov. 8, 1965, Pub. L. 89–333, §3, 79 Stat. 1288, related to waiver in the case of locally financed activity of requirement that plan be statewide.
Sections 31 to 41c, referred to above, and sections 42–1 to 42b of this title, were known as the Vocational Rehabilitation Act. Section 500(a) of Pub. L. 93–112, which repealed that Act, also provided that references to such Vocational Rehabilitation Act in any other provision of law would, ninety days after Sept. 26, 1973, be deemed to be references to the Rehabilitation Act of 1973, which is classified generally to chapter 15 (§701 et seq.) of this title.
On enactment of the Rehabilitation Act of 1973, such former provisions were covered by various new sections of this title as follows:
| Former sections | New sections |
|---|
| 31(a) |
701(1), 720(a) |
| 31(b)(1), (2) |
720(b)(1), (2) |
| 31(b)(3)(A) |
761(a), 774(a) |
| 31(b)(3)(B) |
720(b)(2) |
| 31(b)(3)(C), (D) |
774(a)(1) |
| 31(b)(4) |
See 720(b), 761(a), 774(a) |
| 32(a) |
730(a) |
| 32(b) |
731(a) |
| 32(c) |
724 |
| 33(a)(1) |
740(a)(1) |
| 33(a)(2) |
741(a) |
| 33(b) |
741(b) |
| 33(c) |
709 |
| 33(d) |
740(b) |
| 34(a) |
762(a), (b), 763, 774(b), 776(h) |
| 34(a)(1) |
762(a), (b) |
| 34(a)(2)(A) |
741(a), (b) |
| 34(a)(2)(B) |
774(d) |
| 34(a)(2)(C) |
763(b), 774(b) |
| 34(a)(2)(D) |
723(a)(7) |
| 34(b) |
741(c) |
| 34(c) |
Repealed |
| 35(a) |
721(a) |
| 35(a), (1), (2) |
721(a)(1), (2) |
| 35(a)(3) |
721(a)(3), (4) |
| 35(a)(4) |
721(a)(5)(A)(i) |
| 35(a)(5), (6) |
721(a)(5), (6) |
| 35(a)(7) |
723(a)(1), (2) |
| 35(a)(8), (9) |
721(a)(10), (11) |
| 35(a)(10) |
721(a)(11), (12) |
| 35(a)(11) |
721(a)(13)(A) |
| 35(a)(12), (13) |
721(a)(14), (15) |
| 35(a)(14) |
721(a)(17) |
| 35(b)–(d) |
721(b)–(d) |
| 36 |
731(b) |
| 37(a), (b) |
780(a), (b) |
| 37(c)(1) |
780(c) |
| 37(c)(2) |
785(a)(5) |
| 37(d) |
See 780(d) |
| 37(e) |
783 |
| 38 |
See 791, 791(f)(1) |
| 39 |
784 |
| 40 |
780(d) |
| 41(a)(1) |
706(14), 723(a)(1) |
| 41(a)(1)(A)–(C) |
723(a)(1)–(3) |
| 41(a)(1)(D), (E) |
723(a)(6), (7) |
| 41(a)(2) |
723(b) |
| 41(a)(2)(A)(i)–(iv) |
723(a)(4)(A)–(D) |
| 41(a)(2)(B) |
723(a)(5) |
| 41(a)(2)(C) |
723(a)(9) |
| 41(a)(2)(D), (E) |
723(b)(1), (2) |
| 41(a)(2)(F) |
723(a)(10) |
| 41(a)(2)(G) |
723(a) |
| 41(a)(2)(H) |
723(a)(3) |
| 41(b) |
706(4)(G), (6) |
| 41(c) |
706(10) |
| 41(d) |
See 706(L) |
| 41(e) |
706(8) |
| 41(f) |
706(3) |
| 41(g) |
706(13) |
| 41(h) |
707(a) |
| 41(i) |
706(5) |
| 41(j) |
707(b) |
| 41(k) |
706(11) |
| 41(l) |
706(1) |
| 41a(a) |
771(b)(1) |
| 41a(b) |
771(b)(2), 776 |
| 41a(b)(1)(A)–(C) |
776(b)(1)(A)–(C) |
| 41a(b)(2) |
776(b)(4) |
| 41a(b)(3) |
See 780(b) |
| 41a(b)(4) |
776(b)(5) |
| 41a(c) |
771(b)(3) |
| 41a(d), (e) |
776(c), (d) |
| 41a(f), (g) |
771(c), (d) |
| 41a(h) |
776(e) |
| 41a(i) |
771(a) |
| 41a(j)(1), (2) |
706(1) |
| 41a(j)(3) |
776(f) |
| 41b(a)(1)–(3) |
772(b)(1)–(3) |
| 41b(a)(4) |
776(e) |
| 41b(1), (2) |
772(c)(1), (2) |
| 41b(b)(3) |
776(e) |
| 41b(c) |
774(e) |
| 41b(d)(1)–(4) |
Repealed |
| 41b(e) |
776(b)(4) |
| 41b(f) |
772(a), 774 |
| 41c |
721(a)(4) |
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective 90 days after Sept. 26, 1973, see section 500(a) of Pub. L. 93–112, which is classified to section 790(a) of this title.
Increase of Allotment Percentages for Alaska
Pub. L. 86–624, §47(g), July 12, 1960, 74 Stat. 424, provided that the allotment percentage determined for Alaska under section 41(h) of this title for the first to fourth years for which such percentage was based on the per capita income data for Alaska was to be increased by varying amounts each of those four years, that the Federal share for Alaska determined under section 41(i) of this title, for the first year for which such share was based on per capita income data for Alaska, was to be increased, and that where the first year for which such Federal share was based on per capital income data for Alaska was a fiscal year ending prior to July 1, 1962, the adjusted Federal share for Alaska for such year for purposes of section 32(b) of this title was to be the Federal share determined pursuant to section 41(i) of this title.
Limitation on Expenditure of Funds for Special Projects
Act Aug. 1, 1955, ch. 437, title II, 69 Stat. 403, provided in part that not more than $2 of the funds made available for special projects under section 34(a)(2) of this title was to be expended for any project for each $1 that the grantee, or the grantee and the State, expended for the same purpose.
District of Columbia Vocational Rehabilitation Program
Act Aug. 3, 1954, ch. 655, §3, 68 Stat. 662, provided that materials which the Director of the Bureau of the Budget [now the Director of the Office of Management and Budget] determined related to the provision of vocational rehabilitation services in the District of Columbia or the performance of certain functions by State licensing agencies were to be transferred within ninety days after Aug. 3, 1954, from the Department of Health, Education, and Welfare to the municipal government of the District of Columbia, authorized the Board of Commissioners of the District of Columbia [now the Mayor of the District of Columbia] to take the necessary steps to secure the benefits of act June 2, 1920, ch. 219, 41 Stat. 735, and also authorized the Secretary of Health, Education, and Welfare to continue the performance of certain functions relating to rehabilitation services in the District of Columbia until the completion of the transfer of responsibility.
Homebound Physically Handicapped Individuals
Act Aug. 3, 1954, ch. 655, §7, 68 Stat. 665, required the Secretary of Health, Education, and Welfare to make a thorough study of existing programs for teaching and training handicapped persons, commonly known as shut-ins, whose disabilities confine them to their homes or beds, for the purpose of ascertaining whether additional or supplementary programs or services are necessary, particularly in rural areas, in order to provide adequate general ameliorative and vocational training for such handicapped persons, and provided that the Secretary shall report to the Congress not later than six months after Aug. 3, 1954, the results of such study, together with such recommendations as may be desirable.
State Compliance With Chapter
Act July 6, 1943, ch. 190, §3(b), 57 Stat. 380, authorized particular States which were unable to comply with the preconditions of act June 2, 1920, ch. 219, 41 Stat. 735, on July 6, 1943, to secure the benefits of such act, for a period of sixty days after their particular State legislatures meet for the first time after such date.
Appropriations for Vocational Rehabilitation
Act June 26, 1940, ch. 428, 54 Stat. 583, making appropriations for the fiscal year ending June 30, 1941, made certain appropriations for cooperative vocational rehabilitation, and expenses connected therewith, with provisions for apportionment to the States to be computed in accordance with act June 2, 1920, ch. 219, 41 Stat. 735, and other acts.
Section 41d, act June 2, 1920, ch. 219, §15, as added Nov. 8, 1965, Pub. L. 89–333, §3, 79 Stat. 1289, established a National Commission on Architectural Barriers to Rehabilitation of the Handicapped in the Department of Health, Education, and Welfare, and provided for its membership and functions, appointment of experts and consultants, technical and administrative assistance, compensation of Commission members, interim and final reports, and authorization of appropriations.
Section 42, act June 2, 1920, ch. 219, §16, formerly §12, as added Aug. 3, 1954, ch. 655, §2, 68 Stat. 662; amended Sept. 10, 1965, Pub. L. 89–178, §2, 79 Stat. 676 and renumbered Nov. 8, 1965, Pub. L. 89–333, §3, 79 Stat. 1284, authorized grants for special projects in correctional rehabilitation, prescribed conditions thereof, defined "organization", established a National Advisory Council on Correctional Manpower and Training in the Department of Health, Education, and Welfare, and provided for its composition, selection of members, functions, compensation and travel expenses, appropriations, terms of grant, and additional financial support.
Statutory Notes and Related Subsidiaries
Correctional Rehabilitation Research and Study; Time Extension for Final Report
Pub. L. 91–6, Mar. 28, 1969, 83 Stat. 6, provided that the date by which the research and study initiated and the final report required by section 42 of this title (as in effect prior to July 7, 1968) was to be completed was July 31, 1969.
Section 42–1, act June 2, 1920, ch. 219, §15, as added July 7, 1968, Pub. L. 90–391, §13, 82 Stat. 304; amended Dec. 31, 1970, Pub. L. 91–610, §5, 84 Stat. 1817, related to vocational evaluation and work adjustment program, providing in: subsec. (a) for computation of allotments, authorization of appropriations, Federal payments, restriction on payments, evaluation and work adjustment services, and disadvantaged individuals; subsec. (b) for restriction on payments; subsec. (c) for State plans and requirements for approval; subsec. (d) for withholding of payments and judicial review; and subsec. (e) for payments to States adjustments, advances or reimbursement, installments, and conditions.
Section 42a, act June 2, 1920, ch. 219, §16, formerly §17, as added Oct. 3, 1967, Pub. L. 90–99, §4, 81 Stat. 251; renumbered July 7, 1968, Pub. L. 90–391, §13, 82 Stat. 304, related to National Center for Deaf-Blind Youths and Adults, providing in: subsec. (a) for statement of purpose, agreement for establishment and operation of the National Center, and its designation; subsec. (b) for proposals and preference; subsec. (c) for terms and conditions of agreement; subsec. (d) for recovery of funds for non-user of facilities for contemplated purposes or termination of agreement, and cause for release from obligation; and subsec. (e) for definition of "construction" for determination pursuant to regulations of the Secretary of who are both deaf and blind. Subsections (c)(2) to (4) of section 42a were amended by Pub. L. 93–608, §1(8), Jan. 2, 1975, 88 Stat. 1968, without reference to the repeal of this section by Pub. L. 93–112. The purported amendment would have eliminated the annual report of the National Center for Deaf-Blind Youths and Adults, through the Secretary of the Department of Health, Education, and Welfare, to the Congress with comments and recommendations as the Secretary deemed appropriate.
Section 42b, act June 2, 1920, ch. 219, §17, formerly §18, as added Oct. 3, 1967, Pub. L. 90–99, §5, 81 Stat. 252; renumbered July 7, 1968, Pub. L. 90–391, §13, 82 Stat. 304, related to grants for services for migratory agricultural workers, authorization, payments, and other related provisions.
Sections 42–1 to 42b, referred to above, and sections 31 to 41c of this title, were known as the Vocational Rehabilitation Act. Section 500(a) of Pub. L. 93–112, which repealed that Act, also provided that references to such Vocational Rehabilitation Act in any other provision of law would, ninety days after Sept. 26, 1973, be deemed to be references to the Rehabilitation Act of 1973, which is classified generally to chapter 15 (§701 et seq.) of this title.
Such former provisions are covered by various sections as follows:
| Former sections | Present sections |
|---|
| 42–1(a)(1) |
See 730(a), 740(a) |
| 42–1(a)(2) |
720(b)(1) |
| 42–1(a)(3) |
Repealed |
| 42–1(a)(4)(A)–(F) |
706(4)(A)–(F) |
| 42–1(a), last sentence |
Repealed |
| 42–1(b) |
709 |
| 42–1(c) |
See 721(a) |
| 42–1(c)(1) |
721(a)(1) |
| 42–1(c)(2) |
721(a)(3) |
| 42–1(c)(3) |
721(a)(5)(A) |
| 42–1(c)(4), (5) |
721(a)(6), (7) |
| 42–1(c)(6) |
Repealed |
| 42–1(c)(7) |
721(a)(10) |
| 42–1(c)(8) |
See 721(a)(11) |
| 42–1(d) |
See 721(c), (d) |
| 42–1(e) |
See 776(e) |
| 42a(a), (b) |
775(b), (c) |
| 42a(c)(1)–(3) |
776(b)(2), (3), (5) |
| 42a(c)(4) |
Repealed |
| 42a(d) |
776(d) |
| 42a(e)(1) |
706(1) |
| 42a(e)(2) |
See 723(a)(6) |
| 42b |
774(c) |
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective 90 days after Sept. 26, 1973, see section 500(a) of Pub. L. 93–112, which is classified to section 790(a) of this title.
§§43 to 45b. Omitted
Editorial Notes
Codification
Section 43, formerly constituting part of section 7 of act June 2, 1920, ch. 219, 41 Stat. 737, as amended by Ex. Ord. No. 6166, §15, June 10, 1933; 1939 Reorg. Plan No. I, §§201, 204, eff. July 1, 1939, related to report, by Federal Security Agency, of gifts or donations. Act June 2, 1920, was amended generally by act July 6, 1943, ch. 190, 57 Stat. 374, which did not contain similar provisions.
Section 44, formerly constituting part of section 7 of act June 2, 1920, ch. 219, 41 Stat. 737, related to prohibition of discrimination for or against persons entitled to benefits of act of June 2, 1920. Act June 2, 1920, was amended generally by act July 6, 1943, ch. 190, 57 Stat. 374, which did not contain similar provisions.
Section 45, act Mar. 10, 1924, ch. 46, §5, 43 Stat. 18, related to extension of provisions of sections 31 to 44 of this title to the Territory of Hawaii and appropriation authorization for allotment.
Section 45a, acts Mar. 3, 1931, ch. 404, §2, 46 Stat. 1489; May 17, 1932, ch. 190, 47 Stat. 158, related to extension of provisions of sections 31 to 44 of this title upon the same terms and conditions as any of the several states.
Section 45b, acts Aug. 14, 1935, ch. 531, title V, §531, 49 Stat. 633; Aug. 10, 1939, ch. 666, title V, §508, 53 Stat. 1381, related to an authorization of appropriations for each fiscal year after fiscal year ending June 30, 1937, and appropriations therefor together with apportionment of appropriations to the states and to the Territory of Hawaii.