CHAPTER XVI

THE VOCATIONAL REHABILITATION ACT

Its provisions Classes eligible for reëducation - Powers and duties of the Federal Board for Vocational Education Continuance of family allotments and allowances during training-Disciplinary powers of the Federal Board Extension of training to classes not totally incapacitated-Coöperation of the Federal Board with other agencies Physical restoration under the medical authorities of the Army and Navy-Coöperation in occupational therapy Special gift fund for vocational rehabilitation authorized Quarterly and annual reports required - Rehabilitation work organized by the Federal BoardProbable period of training Instruction not limited to manual trades and industrial processes.

The development of the national programme for the reeducation of our disabled soldiers and sailors has been traced in Chapter XIV, and the story told of the origin, course and enactment of the Vocational Rehabilitation Act of June 27, 1918. It remains to examine the provisions of the Act and the manner in which they will be carried out.

In brief, the Act provides (Section 2) "that every person who is disabled under circumstances entitling him, after discharge from the military or naval forces of the United States, to compensation" under Article III of the War Risk Insurance Act of October 6, 1917, and who, after his discharge, in the opinion of the Federal Board for Vocational Education,

is unable to carry on a gainful occupation, to resume his former occupation, or to enter upon some other occupation, or having resumed or entered upon such occupation is

unable to continue the same successfully, shall be furnished by the said Board, where vocational rehabilitation is feasible, such course of vocational rehabilitation as the Board shall prescribe and provide.

The Board shall have the power, and it shall be its duty, to furnish the persons included in this section, suitable courses of vocational rehabilitation to be provided and prescribed by the Board, and every person electing to follow such a course of vocational rehabilitation shall, while following the same, receive monthly compensation equal to the amount of his monthly pay for the last month of his active service, or equal to the amount to which he would be entitled under Article III of said [War Risk Insurance] Act, whichever amount is the greater. If such person was an enlisted man at the time of his discharge, for the period during which he is so afforded a course of rehabilitation, his family shall receive compulsory allotment and family allowance according to the terms of Article II of said [War Risk Insurance] Act in the same manner as if he were an enlisted man, and for the purpose of computing and paying compulsory allotment and family allowance his compensation shall be treated as his monthly pay: Provided, That if such person willfully fails or refuses to follow the prescribed course of vocational rehabilitation which he has elected to follow, in a manner satisfactory to the Board, the said Board in its discretion may certify to that effect to the Bureau [of War Risk Insurance] and the said Bureau shall, during such period of failure or refusal, withhold any part or all of the monthly compensation due such person and not subject to compulsory allotment which the said Board may have determined should be withheld: Provided, however, That no vocational teaching shall be carried on in any hospital until the medical authorities certify that the condition of the patient is such as to justify such teaching.

It will be noted that the disciplinary provision is so drawn that the family or dependents of the man. taking a course of reeducation will not be made to suffer by his misconduct. Should he neglect his

course or start on a career of drinking or carousing, the money cut off will be only that portion of his monthly pay above his family allotment. In other words, his pocket money and the money reserved for himself personally will be withheld, and his family will not be made innocent sufferers through his laziness or willful misconduct.

The Act provides further that:

The military and naval family allowance appropriation provided for in Section 18 of said [War Risk Insurance] Act shall be available for the payment of the family allowances provided in this section [supra]; and the military and naval compensation appropriation provided for in Section 19 of said Act shall be available for the payment of the monthly compensation herein provided. No compensation under Article III of said Act shall be paid for the period during which any such person is furnished by said [Federal] Board course of vocational rehabilitation except as is hereinbefore provided.

This provision leaves a large opening for the discretion of the Federal Board. It means that the Board may give training in vocational reëducation courses to persons who have not been so badly injured as to come within the category of those unable to resume or otherwise pursue a gainful occupation, when the Federal Board deems these persons worthy of such training.

The Act proceeds (Section 3):

That the courses of vocational rehabilitation provided for under this Act shall, as far as practicable and under such conditions as the Board may prescribe, be made available without cost for instruction for the benefit of any person who is disabled under circumstances entitling him, after discharge from the military or naval forces of the United

States, to compensation under Article III of said [War Risk Insurance] Act, and who is not included in Section 2 hereof [the Vocational Rehabilitation Act].

In other words, soldiers who are disabled enough to receive compensation for their injuries may, in the discretion of the Federal Board, be given such education as will better their condition, and this education is to be at no cost to them; but pay and compensation for the family of the student is allowed only to the enumerated classes of cases. This greatly enlarges the scope of the work, and places within reach of many a poor fellow who has occupied a place of undue insignificance in the business and working world educational facilities through which he may have a fair chance to rise and develop.

The Act continues:

SEC. 4. That the Board shall have the power and it shall be its duty to provide such facilities, instructors, and courses as may be necessary to insure proper training for such persons as are required to follow such courses as are herein provided; to prescribe the courses to be followed by such persons; to pay, when in the discretion of the Board such payment is necessary, the expense of travel, lodging, subsistence, and other necessary expenses of such persons while following the prescribed courses; to do all things necessary to insure vocational rehabilitation; to do all things necessary placement of rehabilitated persons in suitable or gainful occupations. The Board shall have the power to make such rules or regulations as may be necessary for the proper performance of its duties as prescribed by this Act, and is hereby authorized and directed to utilize, with the approval of the Secretary of Labor, the facilities of the Department of Labor, in so far as may be practicable, in the placement of rehabilitated persons in suitable or gainful occupations.

SEC. 5. That it shall also be the duty of the Board to

make or cause to have made studies, investigations, and reports concerning the vocational rehabilitation of disabled persons and their placement in suitable or gainful occupations. When the Board deems it advisable, such studies, investigations, and reports may be made in coöperation with or through other departments and bureaus of the Government, and the Board in its discretion may coöperate with such public or private agencies as it may deem advisable in performing the duties imposed upon it by this Act. SEC. 6. That all medical and surgical work or other treatment necessary to give functional and mental restoration to disabled persons prior to their discharge from the military or naval forces of the United States shall be under the control of the War Department and the Navy Department, respectively. Whenever training is employed as a therapeutic measure by the War Department or the Navy Department, a plan may be established between these agencies and the Board acting in advisory capacity to insure, in so far as medical requirements permit, a proper process of training and the proper preparation of instructors for such training. A plan may also be established between the War and Navy Departments and the Board whereby these departments shall act in an advisory capacity with the Board in the care of the health of the soldier and sailor after his discharge.

The Federal Board is enjoined to coöperate with the War and Navy Departments in establishing its rules and regulations for vocational training "in so far as may be necessary to effect a continuous process of vocational training." This means that a plan should be worked out whereby, when it is necessary to give a man exercise in the hospital as a therapeutic measure, this work must be so arranged as to dovetail in, whenever possible, as a part of the vocational training, and thus to economize time and energy as far as expedient.