Sec.

(b) Limitations on amounts appropriated for Part C.

(c) Amounts appropriated for Part D; limitations; applicability of penal provision.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 762a of this title; title 5 section 8104; title 20 sections 107a, 107d-4, 1013, 1014, 3441; title 21 section 1173; title 22 section 2102; title 26 section 51; title 38 sections 1517, 2014; title 42 sections 422, 1382d, 3026, 6000, 6005, 6705.

GENERAL PROVISIONS

§ 701. Congressional declaration of purpose

The purpose of this chapter is to develop and implement, through research, training, services, and the guarantee of equal opportunity, comprehensive and coordinated programs of vocational rehabilitation and independent living.

(Pub. L. 93-112, § 2, Sept. 26, 1973, 87 Stat. 357; Pub. L. 95-602, title I, § 122(a)(1), Nov. 6, 1978, 92 Stat. 2984.)

CODIFICATION

The content of Pub. L. 93-516, Dec. 7, 1974, 88 Stat. 1617, including provisions thereof which amended various sections of this chapter and enacted provisions set out as notes under this section, was originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.

Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353), H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93-651. Therefore, for purposes of codification, this chapter should be deemed to have been amended by Pub. L. 93-651, Nov. 21, 1974, 89 Stat. 2-3, in exactly the same manner as it was amended by Pub. L. 93-516, Dec. 7, 1974, 88 Stat. 1617.

PRIOR PROVISIONS

Prior similar provisions were contained in former section 31 of this title.

AMENDMENTS

1978-Pub. L. 95-602 substituted provision declaring that the purpose of this chapter is to develop and implement, through research, training, services, and equal opportunity guarantee, comprehensive and coordinated programs of vocational rehabilitation and independent living for provision declaring the purpose of this chapter was to provide a statutory basis for the Rehabilitation Services Administration and to authorize a wide range of programs designed to improve rehabilitation methods, services, and facilities, increase the number and skill of trained personnel, and provide employment opportunities for the handicapped.

SHORT TITLE OF 1978 AMENDMENT

Section 1 of Pub. L. 95-602 provided that: "This Act [enacting sections 710 to 715, 751, 761a, 761b, 762a, 775, 777 to 777f, 780 to 785, 794a to 794c, 795 to 7951, and 796 to 7961 of this title and section 6000 of Title 42, The Public Health and Welfare, amending sections 701, 702, 706, 709, 720 to 724, 730 to 732, 740, 741, 750, 760 to 762, 770 to 774, 776, and 792 to 794 of this title, section 1904 of Title 38, Veterans' Benefits, and sections 6001, 6008 to 6012, 6031 to 6033, 6061 to 6065, 6067, 6081, and 6862 of Title 42, repealing sections 764, 786, and 787 of this title and section 6007 of Title 42, omitting sections 6041 to 6043 of Title 42, enacting provisions set out as notes under sections 713 and 795

D of title I of the Rehabilitation Act of 1973 [part D of subchapter I of this chapter).

"(g)(1) of the amounts authorized to be appropriated in section 603, not to exceed $3,500,000 shall be available, for each of the fiscal years 1982 and 1983, to carry out section 112 of the Rehabilitation Act of 1973 [section 732 of this title].

"(2) The requirement for the setting aside of funds established in the first sentence of section 112(a) of such Act [section 732(a) of this title] shall not have any force or effect for each of the fiscal years 1982 and 1983.

"(h) of the amounts authorized to be appropriated in section 603, not to exceed $35,000,000 shall be available, for each of the fiscal years 1982 and 1983, to carry out title II of the Rehabilitation Act of 1973 [subchapter II of this chapter].

"(i) Notwithstanding the authorization of appropriations made in section 603, no funds are authorized to be appropriated to carry out section 301 of the Rehabilitation Act of 1973 [section 771 of this title] for fiscal year 1982 or 1983.

"(j) Notwithstanding the authorization of appropriations made in section 603, no funds are authorized to be appropriated to carry out section 302 of the Rehabilitation Act of 1973 [section 772 of this title] for fiscal year 1982 or 1983.

"(k) of the amounts authorized to be appropriated in section 603, not to exceed $25,500,000 shall be available, for each of the fiscal years 1982 and 1983, to carry out section 304 of the Rehabilitation Act of 1973 [section 774 of this title].

"(1) Notwithstanding the authorization of appropriations made in section 603, no funds are authorized to be appropriated to carry out section 305 of the Rehabilitation Act of 1973 [section 775 of this title] for fiscal year 1982 or 1983.

"(m)(1) of the amounts authorized to be appropriated in section 603, not to exceed $12,210,000 shall be available, for each of the fiscal years 1982 and 1983, to carry out sections 310, 311, 312, 314, and 315 of the Rehabilitation Act of 1973 [sections 777, 777a, 777b, 777d, and 777e, respectively, of this title].

"(2) The requirement for the setting aside of funds established in the first sentence of section 310(b) of such Act [section 777(b) of this title] shall not have any force or effect for each of the fiscal years 1982 and 1983.

"(n) of the amounts authorized to be appropriated in section 603, not to exceed $2,000,000 shall be available, for each of the fiscal years 1982 and 1983, to carry out section 316 of the Rehabilitation Act of 1973 [section 777f of this title].

"(o) of the amounts authorized to be appropriated in section 603, not to exceed $3,500,000 shall be available, for each of the fiscal years 1982 and 1983, to carry out section 313 of the Rehabilitation Act of 1973 [section 777c of this title].

"(p) Of the amounts authorized to be appropriated in section 603, not to exceed $256,000 shall be available, for each of the fiscal years 1982 and 1983, to carry out title IV of the Rehabilitation Act of 1973 [subchapter IV of this chapter].

"(q) Of the amounts authorized to be appropriated in section 603, such sums as may be necessary shall be available, for each of the fiscal years 1982 and 1983, to carry out section 502 of the Rehabilitation Act of 1973 [section 792 of this title].

"(r) Notwithstanding the authorization of appropriations made in section 603, no funds are authorized to be appropriated to carry out section 506 of the Rehabilitation Act of 1973 [section 794b of this title) for fiscal year 1982 or 1983.

"(s) Notwithstanding the authorization of appropriations made in section 603, no funds are authorized to be appropriated to carry out part A of title VI of the Rehabilitation Act of 1973 [part A of subchapter VI of this chapter] for fiscal year 1982 or 1983.

"(t) Of the amounts authorized to be appropriated in section 603, not to exceed $8,000,000 shall be availa

CODIFICATION

For history of Pub. L. 93-651, which enacted amendments identical to Pub. L. 93-516, see Codification note set out under section 701 of this title.

AMENDMENTS

1978-Subsec. (a). Pub. L. 95-602, § 122(a)(2), inserted "and part A of subchapter VI of this chapter" following "subchapters IV and V of this chapter" and provision deeming any reference in this chapter to the duties carried out by the Commissioner to be a reference to the duties carried out by the Secretary through the Commissioner and requiring the Commissioner to be guided by the policies of the National Council on the Handicapped.

Subsecs. (b), (c). Pub. L. 95-602, § 122(a)(3), redesignated subsec. (c) as (b). Former subsec. (b), which required the Secretary, through coordination with appropriate programs in the Department of Health, Education, and Welfare and consultation with the National Science Foundation and National Academy of Science, to develop innovative methods of applying advanced medical, scientific, psychological, and social knowledge to solve rehabilitation problems, and made the Secretary responsible for establishment of rehabilitation engineering research centers, was struck out. 1974-Subsec. (a). Pub. L. 93-516 substantially reenacted existing provisions, and in subsec. (a) as so reenacted, substituted reference to Office of the Secretary for reference to the Department of Health, Education, and Welfare, added requirement that the appointment of Commissioner be approved by the Senate, added provisions that the Commissioner shall be the principal officer of the Department for carrying out provisions of this chapter, that the Commissioner shall be directly responsible to the Secretary, Under Secretary, or Assistant Secretary, as the case may be, and that the functions of the Commissioner shall not be delegated to any officer not directly responsible to the Commissioner both with respect to program operation and administration, and struck out provisions relating to the procedure for delegation of functions of the Commissioner to other officers.

Pub. L. 93-651 amended subsec. (a) in exactly the same manner as it was amended by Pub. L. 93-516.

EFFECTIVE Date of 1974 AMENDMENT

Section 101(b) of Pub. L. 93-651 provided that: “The amendment made by subsection (a) [amending subsec. (a) of this section] shall be effective sixty days after the date of enactment of this Act [Nov. 21, 1974].”

Section 101(b) of Pub. L. 93-516 provided that: “The amendment made by subsection (a) of this section [amending subsec. (a) of this section] shall be effective sixty days after the date of enactment of this Act [Dec. 7, 1974]."

TRANSFER OF FUNCTIONS

For transfer of functions and offices of the Secretary and Department of Health, Education, and Welfare, including the Rehabilitation Services Administration and the Commissioner thereof, under this chapter to the Secretary and Department of Education, and for delegation of certain functions of the Secretary of Education under this chapter to the Assistant Secretary for Special Education and Rehabilitative Services, see sections 3417 and 3441 of Title 20, Education.

ADDITIONAL PERSONNEL FOR OFFICE FOR THE BLIND AND VISUALLY HANDICAPPED Section 208(a) of Pub. L. 93-516 provided that: "The Secretary of Health, Education, and Welfare [now Secretary of Education] is directed to assign to the Office for the Blind and Visually Handicapped of the Rehabilitation Services Administration of the Department of Health, Education, and Welfare [now Depart

ment of Education] ten additional full-time personnel (or their equivalent), five of whom shall be supportive personnel, to carry out duties related to the administration of the Randolph-Sheppard Act [section 107 et seq. of Title 20, Education]."

An identical provision is contained in section 208(a) of Pub. L. 93-651.

PREFERENCE TO BLIND IN SELECTING PERSONNEL Section 208(c) of Pub. L. 93-516 provided that: "In selecting personnel to fill any position under this section [authorizing assignment of 11 additional full-time personnel to the Office for the Blind and Visually Handicapped of the Rehabilitation Service Administration of the Department of Health, Education, and Welfare under subsecs. (a) and (b) of Pub. L. 93-516), the Secretary of Health, Education, and Welfare [now Secretary of Education] shall give preference to blind individuals."

An identical provision is contained in section 208(c) of Pub. L. 93-651.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 761a of this title; title 38 section 4101.

§ 703. Advance funding

(a) For the purpose of affording adequate notice of funding available under this chapter, appropriations under this chapter are authorized to be included in the appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation.

(b) In order to effect a transition to the advance funding method of timing appropriation action, the authority provided by subsection (a) of this section shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year. (Pub. L. 93-112, § 4, Sept. 26, 1973, 87 Stat. 358.) § 704. Joint funding

Pursuant to regulations prescribed by the President, and to the extent consistent with the other provisions of this chapter, where funds are provided for a single project by more than one Federal agency to an agency or organization assisted under this chapter, the Federal agency principally involved may be designated to act for all in administering the funds provided, and, in such cases, a single non-Federal share requirement may be established according to the proportion of funds advanced by each agency. When the principal agency involved is the Rehabilitation Services Administration, it may waive any grant or contract requirement (as defined by such regulations) under or pursuant to any law other than this chapter, which requirement is inconsistent with the similar requirements of the administering agency under or pursuant to this chapter. (Pub. L. 93-112, § 5, Sept. 26, 1973, 87 Stat. 359.)

TRANSFER OF FUNCTIONS

For transfer of functions and offices of the Secretary and Department of Health, Education, and Welfare, including the Rehabilitation Services Administration and the Commissioner thereof, under this chapter to the Secretary and Department of Educa

tion, and for delegation of certain functions of the Secretary of Education under this chapter to the Assistant Secretary for Special Education and Rehabilitative Services, see sections 3417 and 3441 of Title 20, Education.

DELEGATION OF AUTHORITY TO ISSUE JOINT FUNDING REGULATIONS

Authority of the President under this section delegated to the Administrator of General Services, see section 3 of Ex. Ord. No. 11867, June 19, 1975 40 F.R. 26253, set out as a note under section 4252 of Title 42, The Public Health and Welfare, and policy functions transferred to Director of Office of Management and Budget by section 1 of Ex. Ord. No. 11893, Dec. 31, 1975, 41 F.R. 1040, set out as a note under section 4252 of Title 42.

§ 705. Consolidated rehabilitation plan

(a) Election by State; agency concurrence

In order to secure increased flexibility to respond to the varying needs and local conditions within the State, and in order to permit more effective and interrelated planning and operation of its rehabilitation programs, the State may submit a consolidated rehabilitation plan which includes the State's plan under section 721(a) of this title and its program for persons with developmental disabilities under the Developmental Disabilities Services and Facilities Construction Amendments of 1970: Provided, That the agency administering such State's program under such Act concurs in the submission of such a consolidated rehabilitation plan. (b) Approval by Secretary of consolidated rehabilita

tion plan meeting statutory requirements; submission by State of separate rehabilitation plans Such a consolidated rehabilitation plan must comply with, and be administered in accordance with, all the requirements of this chapter and the Developmental Disabilities Services and Facilities Construction Amendments of 1970. If the Secretary finds that all such requirements are satisfied, he may approve the plan to serve in all respects as the substitute for the separate plans which would otherwise be required with respect to each of the programs included therein, or he may advise the State to submit separate plans for such programs.

(c) Noncompliance; assistance termination proce

dures

Findings of noncompliance in the administration of an approved consolidated rehabilitation plan, and any reductions, suspensions, or terminations of assistance as a result thereof, shall be carried out in accordance with the procedures set forth in subsections (c) and (d) of section 721 of this title.

(Pub. L. 93-112, § 6, Sept. 26, 1973, 87 Stat. 359.)

REFERENCES IN TEXT

The Developmental Disabilities Services and Facilities Construction Amendments of 1970, referred to in subsecs. (a) and (b), is Pub. L. 91-517, Oct. 30, 1970, 84 Stat. 1316, which enacted sections 2661a, 2666, and 2670 to 2677c of Title 42, The Public Health and Welfare, amended sections 2661, 2662 to 2665, 2691, and 2693 to 2696 of Title 42, enacted provisions set out as a note under section 2670 of Title 42, and amended provisions set out as a note under section 2661 of Title 42.

Sections 2671, 2672, 2674, 2677, 2677a, and 2677c of Title 42 were transferred to sections 6061 to 6066 of Title 42. Most of the remaining sections were repealed or superseded by Pub. L. 94-103, Oct. 14, 1975, 89 Stat. 486. For complete classification of this Act to the Code, see Tables.

§ 706. Definitions

For the purposes of this chapter:

(1) The term "construction" means the construction of new buildings, the acquisition, expansion, remodeling, alteration, and renovation of existing buildings, and initial equipment of such buildings, and the term "cost of construction" includes architects' fees and acquisition of land in connection with construction but does not include the cost of offsite improvements.

(2) The term "criminal act" means any crime, including an act, omission, or possession under the laws of the United States or a State or unit of general local government which poses a substantial threat of personal injury, notwithstanding that by reason of age, insanity, intoxication or otherwise the person engaging in the act, omission, or possession was legally incapable of committing a crime.

(3) The term "designated State units" means (A) any State agency unit required under section 721(a)(2)(A) of this title, or (B) in cases in which no such unit is so required, the State agency described in section 721(a)(B)(i) of this title.

(4) The term "establishment of a rehabilitation facility" means the acquisition, expansion, remodeling, or alteration of existing buildings necessary to adapt them to rehabilitation facility purposes or to increase their effectiveness for such purposes (subject, however, to such limitations as the Secretary may determine, in accordance with regulations he shall prescribe, in order to prevent inpairment of the objectives of, or duplication of, other Federal laws providing Federal assistance in the construction of such facilities), and may include such additional equipment and staffing as the Commissioner considers appropriate.

(5) The term “evaluation of rehabilitation potential" means, as appropriate in each case:

(A) a preliminary diagnostic study to determine that the individual has a substantial handicap to employment, and that vocational rehabilitation services are needed;

(B) a diagnostic study consisting of a comprehensive evaluation of pertinent medical, psychiatric, psychological, vocational, educational, cultural, social, and environmental factors which bear on the individual's handicap to employment and rehabilitation potential including, to the degree needed, an evaluation of the individual's personality, intelligence level, educational achievements, work experience, vocational aptitudes and interests, personal and social adjustments, employment opportunities, and other pertinent data helpful in determining the nature and scope of services needed;

(C) an appraisal of the individual's patterns of work behavior and ability to acquire occupational skill, and to develop work attitudes, work habits, work tolerance, and social and behavior patterns suitable for successful job