(b) Annual review; joint redevelopment of terms; scope of program. Each individualized written rehabilitation program shall be reviewed on an annual basis at which time each such individual (or, in appropriate cases, his parents or guardians) will be afforded an opportunity to review such program and jointly redevelop its terms. Such program shall include, but not be limited to (1) a statement of long-range rehabilitation goals for the individual and intermediate rehabilitation objectives related to the attainment of such goals, (2) a statement of the specific vocational rehabilitation services to be provided, (3) the projected date for the initiation and the anticipated duration of each such service, (4) objective criteria and evaluation procedure and schedule for determining whether such objectives and goals are being achieved, and, (5) where appropriate, a detailed explanation of the availability of a client assistance project established in such area pursuant to section 732 of this title. (c) Determination and achievement of vocational goal; decision respecting potential and capability of achievement; annual review of decision. The Secretary shall also insure that (1) in developing and carrying out individualized written rehabilitation program required by section 721 of this title in the case of each handicapped individual primary emphasis is placed upon the determination and achievement of a vocational goal for such individual, (2) a decision that such an individual is not capable of achieving such a goal and thus not eligible for vocational rehabilitation services provided with assistance under this part, is made only in full consultation with such individual (or, in appropriate cases, his parents or guardians), and only upon the certification, as an amendment to such written program, that the evaluation of rehabilitation potential has demonstrated beyond any reasonable doubt that such individual is not then capable of achieving such a goal, and (3) any such decision shall be reviewed at least annually in accordance with the procedure and criteria established in this section. (Pub. L. 93-112, title I, § 102, Sept. 26, 1973, 87 Stat. 368.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 721 of this title. § 723. Scope of vocational rehabilitation services. (a) Individual services. Vocational rehabilitation services provided under this chapter are any goods or services necessary to render a handicapped individual employable, including, but not limited to, the following: (1) evaluation of rehabilitation potential, including diagnostic and related services, incidental to the determination of eligibility for, and the nature and scope of, services to be provided, including, where appropriate, examination by a physician skilled in the diagnosis and treatment of emotional disorders, or by a licensed psychologist in accordance with State laws and regulations, or both; (2) counseling, guidance, referral, and placement services for handicapped individuals, including followup, follow-along, and other postemployment services necessary to assist such individuals to maintain their employment and services designed to help handicapped individuals secure needed services from other agencies, where such services are not available under this chapter; (3) vocational and other training services for handicapped individuals, which shall include personal and vocational adjustment, books, and other training materials, and services to the families of such individuals as are necessary to the adjustment or rehabilitation of such individuals: Provided, That no training services in institutions of higher education shall be paid for with funds under this subchapter unless maximum efforts have been made to secure grant assistance, in whole or in part, from other sources to pay for such training; (4) physical and mental restoration services, including, but not limited to, (A) corrective surgery or therapeutic treatment necessary to correct or substantially modify a physical or mental condition which is stable or slowly progressive and constitutes a substantial handicap to employment, but is of such nature that such correction or modification may reasonably be expected to eliminate or substantially reduce the handicap within a reasonable length of time, (B) necessary hospitalization in connection with surgery or treatment, (C) prosthetic and orthotic devices, (D) eyeglasses and visual services as prescribed by a physician skilled in the diseases of the eye or by an optometrist, whichever the individual may select, (E) special services (including transplantation and dialysis), artificial kidneys, and supplies necessary for the treatment of individuals suffering from end-stage renal disease, and (F) diagnosis and treatment for mental and emotional disorders by a physician or licensed psychologist in accordance with State licensure laws; (5) maintenance, not exceeding the estimated cost of subsistence, during rehabilitation; (6) interpreter services for deaf individuals, and reader services for those individuals determined to be blind after an examination by a physician skilled in the diseases of the eye or by an optometrist, whichever the individual may select; (7) recruitment and training services for handicapped individuals to provide them with new employment opportunities in the fields of rehabilitation, health, welfare, public safety, and law enforcement, and other appropriate service employment; (8) rehabilitation teaching services and orientation and mobility services for the blind; (9) occupational licenses, tools, equipment, and initial stocks and supplies; (10) transportation in connection with the rendering of any vocational rehabilitation service; and (11) telecommunications, sensory, and other technological aids and devices. (b) Group services. Vocational rehabilitation services, when provided for the benefit of groups of individuals, may also include the following: (1) in the case of any type of small business operated by individuals with the most severe handicaps the operation of which can be improved by management services and supervision provided by the State agency, the provision of such services and supervision, along or together with the acquisition by the State agency of vending facilities or other equipment and initial stocks and supplies; and (2) the construction or establishment of public or nonprofit rehabilitation facilities and the provision of other facilities and services which promise to contribute substantially to the rehabilitation of a group of individuals but which are not related directly to the individualized rehabilitation written program of any one handicapped individual. (Pub. L. 93-112, title I, § 103, Sept. 26, 1973, 87 Stat. 368.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 706, 721 of this title. § 724. Non-Federal share for construction. For the purpose of determining the amount of payments to States for carrying out part B of this subchapter, the non-Federal share, subject to such limitations and conditions as may be prescribed in regulations by the Secretary, shall include contributions of funds made by any private agency, organization, or individual to a State or local agency to assist in meeting the costs of construction or establishment of a public or nonprofit rehabilitation facility, which would be regarded as State or local funds except for the condition, imposed by the contributor, limiting use of such funds to construction or establishment of such facility. (Pub. L. 93-112, title I, § 104, Sept. 26, 1973, 87 Stat. 370.) PART B.-BASIC VOCATIONAL REHABILITATION SERVICES § 730. State allotments. (a) Computation; minimum amount; adjustments. For each fiscal year, each State shall be entitled to an allotment of an amount bearing the same ratio to the amount authorized to be appropriated under subsection (b) (1) of section 720 of this title for allotment under this section as the product of (1) the population of the State and (2) the square of its allotment percentage bears to the sum of the corresponding products for all the States. The allotment to any State (other than Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands) under the first sentence of this subsection for any fiscal year which is less than onequarter of 1 per centum of the amount appropriated under subsection (b) (1) of section 720 of this title, or $2,000,000, whichever is greater, 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 such States under the first sentence of this subsection, 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) Additional payments; authorization of additional appropriations. If the payment to a State under section 731(a) of this title for a fiscal year is less than the total payments such State received under section 2 of the Vocational Rehabilitation Act for the fiscal year ending June 30, 1973, such State shall be entitled to an additional payment (subject to the same terms and conditions applicable to other payments under this part) equal to the difference between such payment under section 731(a) of this title and the amount so received by it. Payments attributable to the additional payment to a State under this subsection shall be made only from appropriations specifically made to carry out this subsection, and such additional appropriations are hereby authorized. (c) Unused funds; redistribution; increase in amount. Whenever the Secretary determines, after reasonable opportunity for the submission to him of comments by the State agency administering or supervising the program established under this subchapter that any payment of an allotment to a State under section 731 (a) of this title for any fiscal year will not be utilized by such State in carrying out the purposes of this subchapter, he shall make such amount available for carrying out the purposes of this subchapter to one or more other States to the extent he determines such other State will be able to use such additional amount during such year for carrying out such purposes. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for the purposes of this part, be regarded as an increase of such State's allotment (as determined under the preceding provisions of this section) for such year. (Pub. L. 93-112, title I, § 110, Sept. 26, 1973, 87 Stat. 370.) REFERENCES IN TEXT Section 2 of Vocational Rehabilitation Act, referred to in subsec. (b), refers to section 2 of act June 2, 1920, ch. 219, 41 Stat. 735, as amended, which provided for grants to States for vocational rehabilitation service services, including computation of allotments, amount of payments, adjusted Federal shares, and private contributions for construction or establishment of facilities, and which was classified to section 32 of this title, was repealed by section 500 (a) of Pub. L. 93-112, effective 90 days after Sept. 26, 1973, and is now covered by this section, and sections 724 and 731 of this title. See section 790 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 731 of this title. § 731. Payments to States. (a) Amount. From each State's allotment under this part for any fiscal year (including any additional payment to it under section 730 (b) of this title), the Secretary shall pay to such State an amount equal to the Federal share of the cost of vocational rehabilitation services under the plan for such State approved under section 721 of this title, including expenditures for the administration of the State plan, except that the total of such payments to such State for such fiscal year may not exceed its allotment under subsection (a) (and its additional payment under subsection (b), if any) of section 730 of this title for such year and such payments shall not be made in an amount which would result in a violation of the provisions of the State plan required by clause (17) of section 721 (a) of this title and except that the amount otherwise payable to such State for such year under this section shall be reduced by the amount (if any) by which expenditures from nonFederal sources during such year under this subchapter are less than expenditures under the State plan for the fiscal year ending June 30, 1972, under the Vocational Rehabilitation Act. (b) Method of computation and payment. The method of computing and paying amounts pursuant to subsection (a) of this section shall be as follows: (1) The Secretary shall, prior to the beginning of each calendar quarter or other period prescribed by him, estimate the amount to be paid to each State under the provisions of such subsection for such period, such estimate to be based on such records of the State and information furnished by it, and such other investigation, as the Secretary may find necessary. (2) The Secretary shall pay, from the allotment available therefor, the amount so estimated by him for such period, reduced or increased, as the case may be, by any sum (not previously adjusted under this paragraph) by which he finds that his estimate of the amount to be paid the State for any prior period under such subsection was greater or less than the amount which should have been paid to the State for such prior period under such subsection. Such payment shall be made prior to audit or settlement by the General Accounting Office, shall be made through the disbursing facilities of the Treasury Department, and shall be in such installments as the Secretary may determine. (Pub. L. 93-112, title I, § 111, Sept. 26, 1973, 87 Stat. 371.) REFERENCES IN TEXT Vocational Rehabilitation Act, referred to in subsec. (a), refers to act June 2, 1920, ch. 219, 41 Stat. 735, as amended, which was classified to chapter 4 (sections 31 to 41c and 42-1 to 42b) of this title, was repealed by section 500 (a) of Pub. L. 93-112, effective 90 days after Sept. 26, 1973, and is now covered by this chapter. See section 790 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 730 of this title; title 5 section 8104. § 732. Client assistance. (a) Amount of assistance for regional pilot projects; duties of counselors. From funds appropriated under section 774 of this title for special projects and demonstrations in excess of an amount equal to the amount obligated for expenditure for carrying out such projects and demonstrations from appropriations under the Vocational Rehabilitation Act in the fiscal year ending June 30, 1973, the Secretary shall set aside up to $1,500,000, but no less than $500,000 for the fiscal year ending June 30, 1974, and up to $2,500,000 but no less than $1,000,000 for the fiscal year ending June 30, 1975, to establish in no less than 7 nor more than 20 geographically dispersed regions client assistance pilot projects (hereinafter in this section referred to as "projects") to provide counselors to inform and advise all clients and client applicants in the project area of all available benefits under this chapter and, upon requests of such client or client applicant, to assist such clients or applicants in their relationships with projects, programs, and facilities providing services to them under this chapter. (b) Regulations; requirements. The Secretary shall prescribe regulations which shall include the following requirements: (1) Employment or benefit duplication. No employees of such projects shall be presently serving as staff or consultants or receiving benefits of any kind directly or indirectly from any rehabilitation project, program, or facility receiving assistance under this chapter in the project area. (2) Access to policymaking and administrative personnel. Each project shall be afforded reasonable access to policymaking and administrative personnel in State and local rehabilitation programs, projects, and facilities. (3) Annual reports; summary of accomplishments; statistical tabulation of cases; submittal to Congressional committees. The project shall submit an annual report, through the State agency designated pursuant to section 721 of this title, to the Secretary on the operation of the project during the previous year, including a summary of the work done and a uniform statistical tabulation of all cases handled by such project. A copy of each such report shall be submitted to the appropriate committees of the Congress by the Secretary, together with a summary of such reports and his evaluation of such projects, including appropriate recommendations. (4) Graduate student services. Each State agency may enter into cooperative arrangements with institutions of higher education to secure the services in such projects of graduate students who are undergoing clinical training activities in related fields. No compensation with funds appropriated under this chapter shall be provided to such students. (5) Availability of adequate services; availment of such services without discouragement. Reasonable assurance shall be given by the appropriate State agency that all clients or client applicants within the project area shall have the opportunity to receive adequate service under the project and shall not be pressured against or otherwise discouraged from availing themselves of the services available under such project. (6) State agency for project funding, administration, and operation. The project shall be funded, administered, and operated directly by and with the concurrence of the State agency designated pursuant to section 721 of this title. (Pub. L. 93-112, title I, § 112, Sept. 26, 1973, 87 Stat. 371.) REFERENCES IN TEXT Vocational Rehabilitation Act, referred to in subsec. (a), refers to act June 2, 1920, ch. 219, 41 Stat. 735, as amended, which was classified to chapter 4 (sections 31 to 41c and 42-1 to 42b) of this title, was repealed by section 500 (a) of Pub. L. 93-112, effective 90 days after Sept. 26, 1973, and is now covered by this chapter. See section 790 of this title. SECTION REFERRED TO IN OTHER SECTIONS PART C.-INNOVATION AND EXPANSION GRANTS PART REFERRED TO IN OTHER SECTIONS This part is referred to in section 720 of this title. § 740. State allotments. (a) Computation; minimum amount; adjustments. (1)1 From the sums available pursuant to section 720 (b) (2) of this title for any fiscal year for grants to States to assist them in meeting the costs described in section 741 of this title, each State shall be entitled to an allotment of an amount bearing the same ratio to such sums as the population of the State bears to the population of all the States. The allotment to any State under the preceding sentence for any fiscal year which is less than $50,000 shall be increased to that amount, and for the fiscal year ending June 30, 1974, no State shall receive less than the amount necessary to cover up to 90 per centum of the cost of continuing projects assisted under section 4(a) (2) (A) of the Vocational Rehabilitation Act, except that no such project may receive financial assistance under both the Vocational Rehabilitation Act and this chapter for a total period of time in excess of three years. The total of the increase required by the preceding sentence shall be derived by proportionately reducing the allotments to each of the remaining States under the first sentence of this section, but with such adjustments as may be necessary to prevent the allotment of any of such remaining States from thereby being reduced to less than $50,000. (b) Unused funds; redistribution; increase in amount. 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 section, he shall make such amount available for carrying out the purposes of this section to one or more other States which he determines will be able to use additional amounts during such year for carrying out such purposes. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for purposes of this part, be regarded as an increase of such State's allotment (as determined under the preceding provisions of this section) for such year. (Pub. L. 93-112, title I, § 120, Sept. 26, 1973, 87 Stat. 372.) REFERENCES IN TEXT Vocational Rehabilitation Act and section 4(a) (2) (A) of such Act, referred to in subsec. (a) (1), refers to act June 2, 1920, ch. 219, 41 Stat. 735, as amended, and section 4(a) (2) (A) of such Act, as amended, which were classified to chapter 4 (sections 31 to 41c and 42-1 to 42b) and section 34 (a) (2) (A) of this title, were repealed by section 500 (a) of Pub. L. 93-112, effective 90 days after Sept. 26, 1973, and are now covered by this chapter and section 741 of this title, respectively. See section 790 of this title. § 741. Payments to States. (a) Cost of planning, preparing for, and initiating special programs; prior approval of Secretary or State agency for certain expenditures. From each State's allotment under this part for any fiscal year, the Secretary shall pay to such State or, at the option of the State agency designated pursuant to section 721 (a) (1) of this title, to a public or nonprofit organization or agency, a portion of the cost of planning, preparing for, and initiating special 1 So in original. There is no paragraph (2). programs under the State plan approved pursuant to section 721 of this title to expand vocational rehabilitation services, including programs to initiate or expand such services to individuals with the most severe handicaps, or of special programs under such State plan to initiate or expand services to classes of handicapped individuals who have unusual and difficult problems in connection with their rehabilitation, particularly handicapped individuals who are poor, and responsibility for whose treatment, education, and rehabilitation is shared by the State agency designated in section 721 of this title with other agencies. The Secretary may require that any portion of a State's allotment under this section, but not more than 50 per centum of such allotment, may be expended in connection with only such projects as have first been approved by the Secretary. Any grant of funds under this section which will be used for direct services to handicapped individuals or for establishing or maintaining facilities which will render direct services to such individuals must have the prior approval of the appropriate State agency designated pursuant to section 721 of this title. (b) Duration; period of availability; limitation; nonFederal share. Payments under this section with respect to any project may be made for a period of not to exceed three years beginning with the commencement of the project as approved, and sums appropriated for grants under this section shall remain available for such grants through the fiscal year ending June 30, 1976. Payments with respect to any project may not exceed 90 per centum of the cost of such project. The non-Federal share of the cost of a project may be in cash or in kind and may include funds spent for project purposes by a cooperating public or nonprofit agency provided that it is not included as a cost in any other federally financed program. (c) Advances; reimbursement; conditions. Payments under this section may be made in advance or by way of reimbursement for services performed and purchases made, as may be determined by the Secretary, and shall be made on such conditions as the Secretary finds necessary to carry out the purposes of this section. (Pub. L. 93-112, title I, § 121, Sept. 26, 1973, 87 Stat. 373.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 740 of this title. PART D.-COMPREHENSIVE SERVICE NEEDS PART REFERRED TO IN OTHER SECTIONS This part is referred to in section 720 of this title. § 750. Special study, research, and demonstrations. (a) Statement of objectives; intergovernmental coordination of programs. The Secretary shall conduct a comprehensive study, including research and demonstration projects of the feasibility of methods designed (1) to prepare individuals with the most severe handicaps for entry into programs under this chapter who would not otherwise be eligible to enter such programs due to the severity of their handicap, and (2) to assist individuals with the most severe handicaps who, due to the severity of their handicaps or other factors such as their age, cannot reasonably be expected to be rehabilitated for employment but for whom a program of rehabilitation could improve their ability to live independently or function normally within their family and community. Such study shall encompass the extent to which other programs administered by the Secretary do or might contribute to the objectives set forth in clauses (1) and (2) of the preceding sentence and the methods by which all such programs can be coordinated at Federal, State, and local levels with those carried out under this chapter to the end that individuals with the most severe handicaps are assured of receiving the kinds of assistance necessary for them to achieve such objectives. (b) Report to Congress and President. The Secretary shall report the findings of the study, research, and demonstrations directed by subsection (a) of this section to the Congress and to the President together with such recommendations for legislative or other action as he may find desirable, not later than February 1, 1975. (Pub. L. 93-112, title I, § 130, Sept. 26, 1973, 87 Stat. 374.) SUBCHAPTER II.-RESEARCH AND TRAINING SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 780, 783 of this title. § 760. Congressional declaration of purpose. The purpose of this subchapter is to authorize Federal assistance to State and public or nonprofit agencies and organizations to (a) plan and conduct research, demonstrations, and related activities in the rehabilitation of handicapped individuals, and (b) plan and conduct courses of training and related activities designed to provide increased numbers of trained rehabilitation personnel, to increase the levels of skills of such personnel, and to develop improved methods of providing such training. (Pub. L. 93-112, title II, § 200, Sept. 26, 1973, 87 Stat. 374.) § 761. Authorization of appropriations. (a) In order to make grants and contracts to carry out the purposes of this subchapter, there is authorized to be appropriated: (1) For the purpose of carrying out section 762 of this title, $25,000,000 each for the fiscal years ending June 30, 1974, and June 30, 1975; and there is further authorized to be appropriated for such purpose for each such year such additional sums as the Congress may determine to be necessary. Of the sums appropriated under this paragraph, 20 per centum, and 25 per centum of the amounts appropriated in the first and second such fiscal years, respectively, shall be available only for the purpose of carrying out activities under sectior. 762(b) (2) of this title. (2) For the purpose of carrying out section 763 of this title, there is authorized to be appropriated $27,700,000 each for the fiscal years ending June 30, 1974, and June 30, 1975; and there is further authorized to be appropriated for such purpose for each such year such additional sums as the Congress may determine to be necessary. (b) Funds appropriated under this subchapter shall remain available until expended. (Pub. L. 93112, title II, § 201, Sept. 26, 1973, 87 Stat. 374.) § 762. Research. (a) Federal grants and contracts for certain research projects and related activities. The Secretary, through the Commissioner, and in coordination with other appropriate programs in the Department of Health, Education, and Welfare, is authorized to make grants to and contracts with States and public or nonprofit agencies and organizations, including institutions of higher education, to pay part of the cost of projects for the purpose of planning and conducting research, demonstrations, and related activities which bear directly on the development of methods, procedures, and devices to assist in the provision of vocational rehabilitation services to handicapped individuals, especially those with the most severe handicaps, under this chapter. Such projects may include medical and other scientific, technical, methodological, and other investigations into the nature of disability, methods of analyzing it, and restorative techniques; studies and analyses of industrial, vocational, social, psychological, economic, and other factors affecting rehabilitation of handicapped individuals; special problems of homebound and institutionalized individuals; studies and analyses of architectural and engineering design adapted to meet the special needs of handicapped individuals; and related activities which hold promise of increasing knowledge and improving methods in the rehabilitation of handicapped individuals and individuals with the most severe handicaps. (b) Federal grants for specialized research activities. In addition to carrying out projects under subsection (a) of this section, the Secretary, through the Commissioner, and in coordination with other appropriate programs in the Department of Health, Education, and Welfare, is authorized to make grants to pay part or all of the cost of the following specialized research activities: (1) Rehabilitation Research and Training Centers; establishment. Establishment and support of Rehabilitation Research and Training Centers to be operated in collaboration with institutions of higher education for the purpose of providing coordinated and advanced programs of research in rehabilitation and training of rehabilitation research personnel, including, but not limited to, graduate training. Grants may include funds for services rendered by such a center to handicapped individuals in connection with such research and training activities. (2) Rehabilitation Engineering Research Centers; establishment. Establishment and support of Rehabilitation Engineering Research Centers to (A) develop innovative methods of applying advanced medical technology, scientific achievement, and psychological and social knowledge to solve rehabilitation problems through planning and conducting research, including cooperative research with public or private agencies and organizations, designed to produce new scientific knowledge, equipment, and devices suitable |