United States Code

individual from performing the duties of the job in question or whose employment, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others.

(8) The term "local agency" means an agency of a unit of general local government or of an Indian tribal organization (or combination of such units or organizations) which has an agreement with the State agency designated pursuant to section 721(a)(1) of this title to conduct a vocational rehabilitation program under the supervision of such State agency in accordance with the State plan approved under section 721 of this title. Nothing in the preceding sentence of this paragraph or in section 721 of this title shall be construed to prevent the local agency from utilizing another local public or nonprofit agency to provide vocational rehabilitation services: Provided, That such an arrangement is made part of the agreement specified in this paragraph.

(9) The term "nonprofit", when used with respect to a rehabilitation facility, means a rehabilitation facility owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and the income of which is exempt from taxation under section 501(c)(3) of title 26.

(10) The term "public safety officer" means a person serving the United States or a State or unit of general local government, with or without compensation, in any activity pertaining to

(A) the enforcement of the criminal laws, including highway patrol, or the maintenance of civil peace by the National Guard or the Armed Forces,

(B) a correctional program, facility, or institution where the activity is potentially dangerous because of contact with criminal suspects, defendants, prisoners, probationers, or parolees,

(C) a court having criminal or juvenile delinquent jurisdiction where the activity is potentially dangerous because of contact with criminal suspects, defendants, prisoners, probationers, or parolees, or

(D) firefighting, fire prevention, or emergency rescue missions.

(11) The term "rehabilitation facility" means a facility which is operated for the primary purpose of providing vocational rehabilitation services to handicapped individuals, and which provides singly or in combination one or more of the following services for handicapped individuals: (A) vocational rehabilitation services which shall include, under one management, medical, psychiatric, psychological, social, and vocational services, (B) testing, fitting, or training in the use of prosthetic and orthotic devices, (C) prevocational conditioning or recreational therapy, (D) physical and occupational therapy, (E) speech and hearing therapy, (F) psychiatric, psychological and social services, (G) evaluation of rehabilitation potential, (H) personal and work adjustment, (I) vocational training with a view toward career advancement (in combination with other rehabilitation services), (J) evaluation or control of specific

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disabilities, (K) orientation and mobility services to the blind, and (L) extended employment for those handicapped individuals who cannot be readily absorbed in the competitive labor market, except that all medical and related health services must be prescribed by, or under the formal supervision of, persons licensed to prescribe or supervise the provision of such services in the State.

(12) The term "Secretary", except when the context otherwise requires, means the Secretary of Education.

(13) The term "severe handicap" means the disability which requires multiple services over an extended period of time and results from amputation, blindness, cancer, cerebral palsy, cystic fibrosis, deafness, heart disease, hemiplegia, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia and other spinal cord conditions, renal failure, respiratory or pulmonary dysfunction, and any other disability specified by the Secretary in regulations he shall prescribe.

(14) The term “State” includes the District of Columbia, the Virgin Islands, Puerto Rico, Guam, American Samoa, and the Trust Territory of the Pacific Islands, and for the purposes of American Samoa and the Trust Territory of the Pacific Islands, the appropriate State agency designated as provided in section 721(a)(1) of this title shall be the Governor of American Samoa or the High Commissioner of the Trust Territory of the Pacific Islands, as the case may be.

(15) The term "vocational rehabilitation services" means those services identified in section 723 of this title which are provided to handicapped individuals under this chapter.

(Pub. L. 93-112, § 7, Sept. 26, 1973, 87 Stat. 359; Pub. L. 93-516, title I, § 111(a), Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93-651, title I, § 111(a), Nov. 21, 1974, 89 Stat. 2-5; Pub. L. 95-602, title I, § 122(a)(4)-(8), Nov. 6, 1978, 92 Stat. 2984, 2985; Pub. L. 96-88, title III, § 301(a)(4)(A), title V, § 507, Oct. 17, 1979, 93 Stat. 678, 692.)

REFERENCES IN TEXT

Section 721(a)(B)(i) of this title, referred to in par. (3), was in the original "section 101(a)(B)(i) of this Act". As enacted the citation omitted a paragraph designation but is probably a reference to section 721(a)(1)(B)(1) of this title.

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.

PRIOR PROVISIONS

Prior similar provisions were contained in former sections 41, 41a, 42-1, and 42a of this title.

AMENDMENTS

1978-Par. (3). Pub. L. 95-602, § 122(a)(8), added par. (3). Former par. (3) redesignated (4).

Par. (4). Pub. L. 95-602, § 122(a)(4), (8), redesignated former par. (3) as (4), and in par. (4) as so redesignated, substituted "and may include such additional equipment and staffing as the Commissioner considers appropriate" for "and the initial equipment for such

buildings, and may include the initial staffing thereof. Former par. (4) redesignated (5).

Par. (5), Pub. L. 95–602, § 122(a)×5), (8), redesignated former par. (4) as (5), and in par. (5) as so redesignated, inserted in subpar. (B), "psychiatric" following "medical". Former par. (5) redesignated (6).

Par. (6) Pub. L. 95-602, §1228), redesignated former par. (5) as (6). Former par. (6) redesignated (7) Par. (7). Pub. L. 95-602, § 122(X6), (8), redesignated former par. (6) as (7), and in par. (7) as so redesignat ed, substituted (A) Except as otherwise provided in subparagraph (B), the term" for "The term", redesignated cis. (A) and (B) as cis. (i) and (ii), respectively. struck out provision defining "handicapped individual" for purposes of subchapters IV and V of this chapter as any person who has a physical or mental impair ment which substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment, and added subpar. (B). Former par. (7) redesignated (8).

Pars (8) to (10). Pub. L. 95-602, § 122(&X8), redesignated former pars. (7) to (9) as (8) to (10), respectively. Par. (11). Pub. L. 95-602, § 122ax7), (8), redesignat ed former par. (10) as (11), and in par. (11) as so redes ignated, inserted in cl. (A), “, psychiatric" following "medical" and in cl. (F). "psychiatric" preceding "psychological". Notwithstanding the directory language that amendment be made to cl. (B) of par. (11), the amendment was executed to cl. (P) of par. (11) to re flect the probable intent of Congress. Former par. (11) redesignated (12).

Pars (12) to (15). Pub. L. 95-602, § 122(a)08), redesignated former pars. (11) to (14) as (12) to (15), respectively.

1974-Par. (6). Pub. L. 93-516 expanded the definition of handicapped individual to include for the purposes of subchapters IV and V of this chapter any person who has a physical or mental impairment which substantially limits one or more of such person's major life activities, has a record of such as impairment, or is regarded as having such an impair

ment.

Pub. L. 93-651 amended par. (6) in exactly the same manner as it was amended by Pub. L. 93–516.

TRANSFER OF FUNCTIONS

"Secretary of Education" was substituted for "Secre tary of Health. Education, and Welfare in par. (12) pursuant to sections 301(8X4XA) and 507 of Pub. L. 96-88, which are classified to sections 3441(8X4)X(A) and 3507 of Title 20. Education.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 793, 194, 795, 1503 of this title: title 42 sections 1975e, 6862.

§ 707. Allotment percentage

(a) Percentage limitation: promulgation and computation: "United States" defined

(1) The allotment percentage for any State shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States except that (A) the allotment percentage shall in no case be more than 75 per centum or less than 33 per centum, and (B) the allotment percentage for the District of Columbia Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands shall be 75 per centum.

(2) The allotment percentages shall be promulgated by the Secretary between October 1 and December 31 of each even-numbered year, on the basis of the average of the per capita incomes of the States and of the United States for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning on the October 1 next succeeding such promulgation.

(3) The term “United States" means (but only for purposes of this subsection) the fifty States and the District of Columbia.

(b) Population determination

The population of the several States and of the United States shall be determined on the basis of the most recent data available, to be furnished by the Department of Commerce by October 1 of the year preceding the fiscal year for which funds are appropriated pursuant to statutory authorizations.

(Pub. L. 93-112, § 8, Sept. 26, 1973, 87 Stat. 362; Pub. L. 94-273, § 10, Apr. 21, 1976, 90 Stat. 378.)

PRIOR PROVISIONS

Prior similar provisions were contained in former section 41 of this title.

AMENDMENTS

1976 Subsec. (8X2), Pub. L. 94-273 substituted "October for July wherever appearing therein and "December 31" for "September 30".

§708. Audit and examination of records, scope of disclosure; access to representatives

Each recipient of a grant or contract under this chapter shall keep such records as the Secretary may prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant or contract, the total cost of the project or undertaking in connection with which such grant or contract is made or funds thereunder used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such records as will facilitate an effective audit. The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient of any grant or contract under this chapter which are pertinent to such grant or contract.

(Pub. L. 93-112, § 9, Sept. 26, 1973, 87 Stat. 362.) § 709. Nonduplication prohibition

In determining the amount of any State's Federal share of expenditures for planning, administration, and services incurred by it under a State plan approved in accordance with section 721 of this title, there shall be disregarded (1) any portion of such expenditures which are financed by Federal funds provided under any other provision of law, and (2) the amount of any non-Federal funds required to be expended as a condition of receipt of such Federal funds.

No payment may be made from funds provided under one provision of this chapter relating to any cost with respect to which any payment is made under any other provision of this chapter except that this section shall not be construed to limit or reduce fees for services rendered by rehabilitation facilities.

(Pub. L. 93-112, § 10, Sept. 26, 1973, 87 Stat. 363; Pub. L. 95-602, title I, § 122(a)(9), Nov. 6, 1978, 92 Stat. 2985.)

PRIOR PROVISIONS

Prior similar provisions were contained in former sections 33 and 42-1 of this title.

AMENDMENTS

1978-Pub. L. 95–602 provided that this section not be construed to limit or reduce fees for services rendered by rehabilitation facilities.

§ 710. Application of other laws

The provisions of chapter 71 of title 31 and of section 1469a of title 48 shall not apply to the administration of the provisions of this chapter or to the administration of any program or activity under this chapter.

(Pub. L. 93-112, § 11, as added Pub. L. 95-602, title I, § 121, Nov. 6, 1978, 92 Stat. 2984.)

CODIFICATION

"Chapter 71 of title 31" was substituted in text for "the Act of December 5, 1974 (Public Law 93-510) (42 U.S.C. 4251 et seq.]" on authority of Pub. L. 97-258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

8711. Administration

(a) Technical assistance; short-term traineeships; special projects; dissemination of information; assistance to National Council on Handicapped

In carrying out the purposes of this chapter, the Commissioner may

(1) provide consultative services and technical assistance to public or nonprofit private agencies and organizations;

(2) provide short-term training and technical instruction;

(3) conduct special projects and demonstrations;

(4) collect, prepare, publish, and disseminate special educational or informational materials, including reports of the projects for which funds are provided under this chapter; and

(5) provide staff and other technical assistance to the National Council on the Handicapped.

(b) Utilization of services and facilities

In carrying out his duties under this chapter, the Commissioner may utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit agency or organization, in accordance with agreements between the Commissioner and the head thereof, and may pay therefor, in advance or by way of reimbursement, as may be provided in the agreement.

§ 712. Reports to President and Congress

Not later than one hundred and twenty days after the close of each fiscal year, the Commissioner shall prepare and submit to the President for transmittal to the Congress a full and complete report on the activities carried out under this chapter. Such annual reports shall include statistical data reflecting services and activities provided individuals during the preceding fiscal year.

(Pub. L. 93-112, § 13, as added Pub. L. 95-602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2985.)

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in former section 784 of this title prior to repeal of that section by Pub. L. 95-602, title I, § 117, Nov. 6, 1978, 92 Stat. 2977.

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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 721, 776 of this title.

§ 713. Program and project evaluation

(a) Statement of purpose; persons eligible to conduct evaluations

The Secretary shall evaluate the impact of all programs authorized by this chapter, their general effectiveness in achieving stated goals, and their effectiveness in relation to their cost, their impact on related programs, and their structure and mechanisms for delivery of services, including, where appropriate, comparisons with appropriate control groups composed of persons who have not participated in such programs. Evaluations shall be conducted by persons not immediately involved in the administration of the program or project evaluated. (b) Opinions of program and project participants

In carrying out evaluations under this section, the Secretary shall, whenever possible, arrange to obtain the opinions of program and project participants about the strengths and weaknesses of the programs and projects. (c) Publication of annual summaries

The Secretary shall annually publish_summaries of the results of evaluative research and evaluation of program and project impact and effectiveness, the full contents of which shall be available to the Congress and the public. (d) Data as property of United States

The Secretary shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with Federal funds shall become the property of the United States.

(e) Information from other departments and agencies

Such information as the Secretary may deem necessary for purposes of the evaluations conducted under this section shall be made available to him, upon request, by the departments and agencies of the executive branch.

(f) Authorization of appropriations

There are authorized to be appropriated to carry out this section such sums as may be necessary.

(Pub. L. 93-112, § 14, as added Pub. L. 95-602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2986.)

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in former section 781 of this title prior to repeal of that section by Pub. L. 95-602, title I, § 117, Nov. 6, 1978, 92 Stat. 2977.

LIMITATION ON AUTHORIZATION OF APPROPRIATIONS FOR VOCATIONAL REHABILITATION PROGRAMS FOR FISCAL YEARs 1982 and 1983

Authorization of appropriations or limitations on authorization for carrying out programs, see sections 603 and 604(b) of Pub. L. 97-35, set out as a note under section 701 of this title.

STUDY ON SPECIAL PROBLEMS AND NEEDS OF HANDICAPPED INDIVIDUALS RESIDING IN RURAL AREAS; REPORT TO PRESIDENT and CongRESS

Section 402 of Pub. L. 95-602 provided that the Secretary, after consultation with the Commissioner of the Rehabilitation Services Administration, Commissioner of Education, the Director of the National Institute on Handicapped Research, and other appropri

ate officials, organizations, and individuals, conduct a study of the special problems and needs of handicapped individuals who reside in rural areas in the United States, and upon the completion of such study, but not later than eighteen months after the date of Nov. 6, 1978, submit the results of such study, together with such recommendations as deemed appropriate to the President, and to the appropriate committees of the Congress.

STUDY ON ELIMINATION OF DISINCENTIVES TO EMPLOYMENT FOR INDIVIDUALS RECEIVING BENEFITS; REPORT TO PRESIDENT AND CONGRESS

Section 403 of Pub. L. 95-602 provided that, in consultation with appropriate Federal departments and agencies, the Secretary conduct a study of possible ways to structure Federal programs providing benefits to handicapped individuals in order to eliminate any disincentives for individuals receiving benefits under such programs to obtain and continue in employment, and upon the completion of such study, but not later than twenty-four months after Nov. 6, 1978, submit the results of such study, together with such recommendations as deemed appropriate to the President and the Congress.

§ 714. Information clearinghouse

(a) Establishment; information and resources for handicapped

The Secretary shall establish a central clearinghouse for information and resource availability for handicapped individuals which shall provide information and data regarding (1) the location, provision, and availability of services and programs for handicapped individuals, (2) research and recent medical and scientific developments bearing on handicapping conditions (and their prevention, amelioration, causes, and cures), and (3) the current numbers of handicapped individuals and their needs. The clearinghouse shall also provide any other relevant information and data which the Secretary considers appropriate.

(b) Information and data retrieval system

The Commissioner may assist the Secretary to develop within the Department of Education a coordinated system of information and data retrieval, which will have the capacity and responsibility to provide information regarding the information and data referred to in subsection (a) of this section to the Congress, public and private agencies and organizations, handicapped individuals and their families, professionals in fields serving such individuals, and the general public.

The office established to carry out the provisions of this section shall be known as the "Office of Information and Resources for the Handicapped”.

(d) Authorization of appropriations

There are authorized to be appropriated to carry out this section such sums as may be necessary.

(Pub. L. 93-112, § 15, as added Pub. L. 95-602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2986; and amended Pub. L. 96-88, title III, § 301(a)(4)(A), title V, § 507, Oct. 17, 1979, 93

Stat. 678, 692; Pub. L. 96-374, title XIII, § 1322, Oct. 3, 1980, 94 Stat. 1499.)

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-374, § 1322(a), substituted "The Secretary shall establish" for "The Secretary may establish".

Subsec. (c). Pub. L. 96-374, § 1322(b), substituted "The office" for "Any office".

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-374 effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96-374, set out as a note under section 1001 of Title 20, Education.

TRANSFER OF FUNCTIONS

"Department of Education" was substituted for "Department of Health, Education, and Welfare" in subsec. (b) pursuant to sections 301(a)(4)(A) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(4)(A) and 3507 of Title 20, Education.

No funds appropriated under this chapter for any research program or activity may be used for any purpose other than that for which the funds were specifically authorized.

(Pub. L. 93-112, § 16, as added Pub. L. 95-602, title I, § 122(a)(10), Nov. 6, 1978, 92 Stat. 2987.)

SUBCHAPTER I-VOCATIONAL
REHABILITATION SERVICES

SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 706, 796,
796a of this title; title 42 sections 422, 425, 1383.
PART A-GENERAL PROVISIONS

§ 720. Federal grants

(a) Congressional declaration of purpose

The purpose of this subchapter is to authorize grants to assist States to meet the current and future needs of handicapped individuals, so that such individuals may prepare for and engage in gainful employment to the extent of their capabilities.

(b) Authorization of appropriations

(1) For the purpose of making grants to States under part B of this subchapter to assist them in meeting costs of vocational rehabilitation services provided in accordance with State plans under section 721 of this title, there is authorized to be appropriated $650,000,000 for the fiscal year ending June 30, 1974, $680,000,000

for the fiscal year ending June 30, 1975, $720,000,000 for the fiscal year ending June 30, 1976, $740,000,000 for the fiscal year ending September 30, 1977, and $760,000,000 for the fiscal year ending September 30, 1978. There is further authorized to be appropriated for such purpose $808,000,000 for the fiscal year ending September 30, 1979, and the amount determined under subsection (c) of this section for the three succeeding fiscal years but in no event shall the amount appropriated be greater than $880,000,000 for the fiscal year ending September 30, 1980, $945,000,000 for the fiscal year ending September 30, 1981, $972,000,000 for the fiscal year ending September 30, 1982.

and

(2) For the purpose of allotments under section 740(a)(1) of this title, there are authorized to be appropriated $45,000,000 for the fiscal year ending September 30, 1979, $50,000,000 for the fiscal year ending September 30, 1980, $55,000,000 for the fiscal year ending September 30, 1981, and $60,000,000 for the fiscal year ending September 30, 1982. There are further authorized to be appropriated for such purpose for each such year such additional sums as the Congress may determine to be necessary.

(3) For the purpose of making grants to Indian tribes under part D of this subchapter, there are authorized to be appropriated for the fiscal year ending September 30, 1979, and for each of the three fiscal years thereafter, in addition to any other amounts authorized to be appropriated under this section, such sums as may be necessary for such fiscal year, but not more than an amount equal to 1 percent of the amount appropriated for that fiscal year under paragraph (1) of this subsection.

(1) No later than November 15 of each fiscal year (beginning with the fiscal year 1979), the Secretary of Labor shall publish in the Federal Register the percentage change in the price index published for October of the preceding fiscal year and October of the fiscal year in which such publication is made.

(2)(A) If in any fiscal year the percentage change published under paragraph (1) indicates an increase in the price index, then the amount authorized to be appropriated under subsection (b)(1) of this section for the subsequent fiscal year is the amount authorized to be appropriated for the fiscal year in which the publication is made under paragraph (1) increased by such percentage change.

(B) If in any fiscal year the percentage change published under paragraph (1) does not indicate an increase in the price index, then the amount authorized to be appropriated under subsection (b)(1) of this section for the subsequent fiscal year is the amount authorized to be appropriated for the fiscal year in which the publication is made under paragraph (1).

(3) For purposes of this subsection, the term "price index" means the Consumer Price Index for All Urban Consumers, published monthly by the Bureau of Labor Statistics.

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United States Code, Volume 12