Chapter 219. To provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment
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CHAP. 219.— An Act To provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment. June 2, 1920. [[H. R. 4438](/us/bill/66/hr/4438).] [[Public, No. 236](/us/pl/66/236).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That in order to provide forVocational rehabilitation of persons disabled in industry.Appropriations for cooperating with States in maintenance of. the promotion of vocational rehabilitation of persons disabled in industry or in any legitimate occupation and their return to civil employment there is hereby appropriated for the use of the States, subject to the provisions of this Act, for the purpose of cooperating with them in the maintenance of vocational rehabilitation of such disabled persons, and in returning vocationally rehabilitated persons to civil employment for the fiscal year ending June 30, 1921, the sumAnnual increases. of $750,000; for the fiscal year ending June 30, 1922, and thereafter for a period of two years, the sum of $1,000,000 annually.
SaidBasis of allotments. sums shall be allotted to the States in the proportion which their population bears to the total population in the United States, not including Territories, outlying possessions, and the District of Columbia, according to the last preceding United States census: *Provided*,*Proviso*.Minimum That the allotment of funds to any State shall not be less than a minimum of $5,000 for any fiscal year. And there is hereby appropriatedAppropriations for minimum allotments. the following sums, or so much thereof as may be needed, which shall be used for the purpose of providing the minimum allotment to the States provided for in this section, for the fiscal year ending June 30, 1921, the sum of $46,000; for the fiscal year ending June 30, 1922, and annually thereafter, the sum of $34,000.
All moneys expended under the provisions of this Act from appropriationsConditions required.Equal expenditures by State. provided by section 1 shall be upon the condition
(1)that for each dollar of Federal money expended there shall be expended in the State under the supervision and control of the State board at least an equal amount for the same purpose: *Provided*, That no portion*Proviso*.Restriction in use by institutions. of the appropriation made by this Act shall be used by any institution for handicapped persons except for the special training of such individuals entitled to the benefits of this Act as shall be determined by the Federal board;
(2)that the State board shall annuallySubmission of plans, etc., by State board. submit to the Federal board for approval plans showing
(a)the kinds of vocational rehabilitation and schemes of placement for which it is proposed the appropriation shall be used;
(b)the plan of administration and supervision;
(c)courses of study;
(d)methods of instruction;
(e)qualification of teachers, supervisors, directors, and other necessary administrative officers or employees;
(f)plansAnnual report by State board of work done, etc. for the training of teachers, supervisors, and directors;
(3)that the State board shall make an annual report to the Federal board on or before September 1 of each year on the work done in the State and on the receipts and expenditures of money under the provisions of this Act;
(4)that no portion of any moneys appropriated by thisPurchase, etc., of buildings and land prohibited. Act for the benefit of the States shall be applied, directly or indirectly, to the purchase, preservation, erection, or repair of any building or buildings or equipment, or for the purchase or rental of any lands;
(5)that all courses for vocational rehabilitation given underCourse to be available for Federal civil employees. the supervision and control of the State board and all courses for vocational rehabilitation maintained shall be available, under such rules and regulations as the Federal board shall prescribe, to any civil employee of the United States disabled while in the performance of his duty. Sec. 2. That for the purpose of this Act the term “persons disabled”Meaning of terms, “Persons disabled.” shall be construed to mean any person who, by reason of a physical defect or infirmity, whether congenital or acquired by accident, injury, or disease, is, or may be expected to be, totally or partially incapacitated for remunerative occupation; the term “rehabilitation”“Rehabilitation.” shall be construed to mean the rendering of a person disabled fit to engage in a remunerative occupation. 736 Sec. 3. State legislation required.Acceptance.Cooperation of State board with Federal board.Vol. 39, p. 929. That in order to secure the benefits of the appropriations provided by section 1 any State shall, through the legislative authority thereof,
(1)accept the provisions of this Act;
(2)empower and direct the board designated or created as the State board for vocational education to cooperate in the administration of the provisions of the Vocational Education Act, approved February 23, 1917, to cooperate as herein provided with the Federal Board for Vocational Cooperation of State board with workmen’s compensation, etc., agencies.Education in the administration of the provisions of this Act;
(3)in those States where a State workmen’s compensation board, or other State board, department, or agency exists, charged with the administration of the State workmen’s compensation or liability laws, the legislature shall provide that a plan of cooperation be formulated between such State board, department, or agency, and the State board charged with the administration of this Act, such plan to be Support, etc., of courses provided.effective when approved by the governor of the State;
(4)provide for the supervision and support of the courses of vocational rehabilitation to be provided by the State board in carrying out the provisions of this To authorize State treasurer to be custodian, etc., of fund.Act;
(5)appoint as custodian for said appropriations its State treasurer, who shall receive and provide for the proper custody and disbursement of all money paid to the State from said appropriations. Temporary acceptance by governor.In any State the legislature of which does not meet in regular session between the date of the passage of this Act and December 31, 1920, if the governor of that State shall accept the provisions of this Act, such State shall be entitled to the benefits of this Act until the legislature of such State meets in due course and has been in session sixty days. Sec. 4. Federal Board for Vocational Education.To prescribe rules, etc. That the Federal Board for Vocational Education shall have power to cooperate with State boards in carrying out the purposes and provisions of this Act, and is hereby authorized to make and establish such rules and regulations as may be necessary, or To cooperate, etc., with State agencies for rehabilitating, etc., disabled persons.appropriate to carry into effect the provisions of this Act; to provide for the vocational rehabilitation of disabled persons and their return to civil employment and to cooperate, for the purpose of carrying out the provisions of this Act, with such public and private agencies Supervisory duties.Approval of plans, etc., of State board.as it may deem advisable. It shall be the duty of said board
(1)to examine plans submitted by the State boards and approve the same if believed to be feasible and found to be in conformity with the provisions Ascertain annually use of money, etc.and purposes of this Act;
(2)to ascertain annually whether the several States are using or are prepared to use the money received Certify to Secretary of the Treasury, acceptance, of States, etc.by them in accordance with the provisions of this Act;
(3)to certify on or before the 1st day of January of each year to the Secretary of the Treasury each State which has accepted the provisions of this Act and complied therewith, together with the amount which each Deduct unexpended allotments.State is entitled to receive under the provisions of this Act;
(4)to deduct from the next succeeding allotment to any State whenever any portion of the fund annually allotted has not been expended for the purpose provided for in this Act a sum equal to such unexpended Withhold allotments.portion;
(5)to withhold the allotment of moneys to any State whenever it shall be determined that moneys allotted are not being expended Require replacements of lost, etc., allotments.for the purposes and conditions of this Act;
(6)to require the replacement by withholding subsequent allotments of any portion of the moneys received by the custodian of any State under this Act *Proviso*.Appeal by States if allotments withheld.that by any action or contingency is diminished or lost: *Provided*, That if any allotment is withheld from any State, the State board of such State may appeal to the Congress of the United States, and if the Congress shall not, within one year from the time of said appeal, direct such sum to be paid, it shall be covered into the Treasury. Sec. 5. Quarterly payments to States. That the Secretary of the Treasury, upon the certification of the Federal board as provided in this Act, shall pay quarterly to the custodian of each State appointed as herein provided the moneys737to which it is entitled under the provisions of this Act. The moneyUse by State board. so received by the custodian for any State shall be paid out on the requisition of the State board as reimbursement for services already rendered or expenditures already incurred and approved by said State board. The Federal Board for Vocational Education shallReport of Federal Board to include reports of State boards. make an annual report to the Congress on or before December 1 on the administration of this Act and shall include in such report the reports made by the State boards on the administration of this Act by each State and the expenditure of the money allotted to each State. Sec. 6. That there is hereby appropriated to the Federal Board forAppropriation for administrative expenses, etc., by Federal Board.Objects specified. Vocational Education the sum of $75,000 annually for a period of four years for the purpose of making studies, investigations, and reports regarding the vocational rehabilitation of disabled persons and their placements in suitable or gainful occupations, and for the administrative expenses of said board incident to performing the duties imposed by this Act, including salaries of such assistants, experts, clerks, and other employees, in the District of Columbia or elsewhere as the board may deem necessary, actual traveling and other necessary expenses incurred by the members of the board and by its employees, under its orders, including attendance at meetings of educational associations and other organizations, rent and equipment of offices in the District of Columbia and elsewhere, purchase of books of reference, law books, and periodicals, stationery, typewriters and exchange thereof, miscellaneous supplies, postage on foreign mail, printing and binding to be done at the GovernmentPrinting, binding, etc. Printing Office, and all other necessary expenses. A full report of all expenses under this section, including names ofAnnual report of all expenses, list of employees, etc., to be made. all employees and salaries paid them, traveling expenses and other expenses incurred by each and every employee and by members of the board, shall be submitted annually to Congress by the board. No salaries shall be paid out of the fund provided in this section inSalary limitations. excess of the following amounts: At the rate of $5,000 per annum, to not more than one person; at the rate of $4,000 per annum each, to not more than four persons; at the rate of $3,500 per annum each, to not more than five persons; and no other employee shall receive compensation at a rate in excess of $2,500 per annum: *Provided*,*Proviso*.Restriction if less than $3,500. That no person receiving compensation at less than $3,500 per annum shall receive in excess of the amount of compensation paid in the regular departments of the Government for like or similar services. Sec. 7. That the Federal Board for Vocational Education is herebyAcceptance of unconditional gifts, etc., authorized. authorized and empowered to receive such gifts and donations from either public or private sources as may be offered unconditionally. All moneys received as gifts or donations shall be paid into the Treasury of the United States, and shall constitute a permanentSpecial fund created therewith. fund, to be called the “Special fund for vocational rehabilitation of disabled persons,” to be used under the direction of the said boardUse by Board. to defray the expenses of providing and maintaining courses of vocational rehabilitation in special cases, including the payment of necessary expenses of persons undergoing training. A full report ofFull report of gifts, etc., to be made annually. all gifts and donations offered and accepted, together with the names of the donors and the respective amounts contributed by each, and all disbursements therefrom shall be submitted annually to Congress by said board: *Provided*, That no discrimination shall be made or*Proviso*.Penalty for discriminating for or against membership in industrial, etc., organizations. permitted for or against any person or persons who are entitled to the benefits of this Act because of membership or nonmembership in any industrial, fraternal, or private organization of any kind under a penalty of $200 for every violation thereof. Approved, June 2, 1920.