§ 723 TITLE 29—LABOR Page 218

his responsibilities under this paragraph to any officer

of the Department of Education who is employed at a

position below that of an Assistant Secretary.’’

Pub. L. 99–506, §103(d)(2)(B), substituted ‘‘individual

with handicaps’’ for ‘‘handicapped individual’’.

Subsec. (d)(3) to (5). Pub. L. 99–506, §203(b), added

pars. (3) to (5).

1984—Subsec. (c)(2). Pub. L. 98–221, §112, struck out

‘‘beyond any reasonable doubt’’ after ‘‘rehabilitation

potential, as appropriate, has demonstrated’’.

Subsec. (d)(2). Pub. L. 98–221, §104(a)(3), substituted

‘‘Department of Education’’ for ‘‘Department of Health,

Education, and Welfare’’.

1978—Subsec. (a). Pub. L. 95–602, §122(b)(1), substituted ‘‘Commissioner’’ for ‘‘Secretary’’.

Subsec. (b). Pub. L. 95–602, §103(1), inserted ‘‘and

agree to’’ after ‘‘redevelop’’.

Subsec. (c). Pub. L. 95–602, §122(b)(1), substituted

‘‘Commissioner’’ for ‘‘Secretary’’.

Subsec. (d). Pub. L. 95–602, §103(2), added subsec. (d).

1974—Subsec. (a). Pub. L. 93–516, §111(e)(1), substituted ‘‘written rehabilitation program, or the specification of reasons for a determination of ineligibility

prior to initiation of such program based on preliminary diagnosis,’’ for ‘‘written rehabilitation program,’’

and inserted provisions that the specifications of reasons for an ineligibility determination shall set forth

the rights and remedies available to the individual in

question, including recourse to the process set forth in

subsec. (b)(5) of this section.

Pub. L. 93–651, §111(e)(1), amended subsec. (a) in exactly the same manner as it was amended by Pub. L.

93–516.

Subsec. (c)(1). Pub. L. 93–516, §111(e)(2), substituted

‘‘in making any determination of ineligibility referred

to in subsection (a) of this section, or in developing and

carrying out the individualized written rehabilitation

program required by section 721 of this title in the case

of each handicapped individual,’’ for ‘‘in developing and

carrying out individualized written rehabilitation program required by section 721 of this title in the case of

each handicapped individual primary’’.

Pub. L. 93–651, §111(e)(2), amended subsec. (c)(1) in exactly the same manner as it was amended by Pub. L.

93–516.

Subsec. (c)(2). Pub. L. 93–516, §111(e)(3), substituted

‘‘program, or as a part of the specification of reasons

for an ineligibility determination, as appropriate, that

the preliminary diagnosis or evaluation of rehabilitation potential, as appropriate,’’ for ‘‘program, that the

evaluation of rehabilitation potential’’.

Pub. L. 93–651, §111(e)(3), amended subsec. (c)(2) in exactly the same manner as it was amended by Pub. L.

93–516.

Subsec. (c)(3). Pub. L. 93–516, §111(e)(4), substituted

‘‘such decision, as an amendment to such written program,’’ for ‘‘such decision’’.

Pub. L. 93–651, §111(e)(4), amended subsec. (c)(3) in exactly the same manner as it was amended by Pub. L.

93–516.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 711, 721, 795m,

795n, 2211 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 an individual with a disability

employable, including, but not limited to, the

following:

(1) an assessment for determining eligibility

and vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology;

(2) counseling, guidance, and work-related

placement services for individuals with disabilities, including job search assistance,

placement assistance, job retention services,

personal assistance services, and followup, follow-along, and specific postemployment services necessary to assist such individuals to

maintain, regain, or advance in employment;

(3) vocational and other training services for

individuals with disabilities, which shall include personal and vocational adjustment,

books, and other training materials, and such

services to the families of such individuals as

are necessary to the adjustment or rehabilitation of such individuals, except 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 impediment to employment, but is of such nature that such correction or modification may

reasonably be expected to eliminate or reduce

such impediment to employment 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 qualified personnel, under State licensure laws, that are selected by the individual, (E) special services (including transplantation and dialysis), artificial kidneys, and

supplies necessary for the treatment of individuals with end-stage renal disease, and (F)

diagnosis and treatment for mental and emotional disorders by qualified personnel under

State licensure laws;

(5) maintenance for additional costs incurred

while participating in rehabilitation;

(6) interpreter services for individuals who

are deaf, and reader services for those individuals determined to be blind after an examination by qualified personnel under State licensure laws;

(7) recruitment and training services for individuals with disabilities 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 individuals

who are blind;

(9) occupational licenses, tools, equipment,

and initial stocks and supplies;

(10) transportation in connection with the

rendering of any vocational rehabilitation

service;

(11) telecommunications, sensory, and other

technological aids and devices;

(12) rehabilitation technology services;

(13) referral and other services designed to

assist individuals with disabilities in securing

needed services from other agencies through
Page 219 TITLE 29—LABOR § 723

agreements developed under section 721(a)(11)

of this title, if such services are not available

under this chapter;

(14) transition services that promote or facilitate the accomplishment of long-term rehabilitation goals and intermediate rehabilitation objectives;

(15) on-the-job or other related personal assistance services provided while an individual

with a disability is receiving services described in this section; and

(16) supported employment services.

(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

disabilities 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.

(2) The establishment, development, or improvement of community rehabilitation programs, including, under special circumstances,

the construction of a facility, and the provision of other services (including services offered at community rehabilitation programs)

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 individual with a disability. Such programs shall be used to provide services that

promote integration and competitive employment.

(3) The use of existing telecommunications

systems (including telephone, television, satellite, radio, and other similar systems) which

have the potential for substantially improving

service delivery methods, and the development

of appropriate programing to meet the particular needs of individuals with disabilities.

(4) The use of services providing recorded

material for individuals who are blind and captioned films or video cassettes for individuals

who are deaf.

(5) Technical assistance and support services

to businesses that are not subject to title I of

the Americans with Disabilities Act of 1990 (42

U.S.C. 12111 et seq.) and that are seeking to

employ individuals with disabilities.

(Pub. L. 93–112, title I, §103, Sept. 26, 1973, 87

Stat. 368; Pub. L. 95–602, title I, §104, Nov. 6, 1978,

92 Stat. 2960; Pub. L. 99–506, title I, §103(d)(2),

title II, §204, Oct. 21, 1986, 100 Stat. 1810, 1817;

Pub. L. 100–630, title II, §202(d), Nov. 7, 1988, 102

Stat. 3305; Pub. L. 102–569, title I, §§102(p)(9), 124,

Oct. 29, 1992, 106 Stat. 4357, 4379; Pub. L. 103–73,

title I, §107(c), Aug. 11, 1993, 107 Stat. 721.)

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred

to in subsec. (b)(5), is Pub. L. 101–336, July 26, 1990, 104

Stat. 327, as amended. Title I of the Act is classified

generally to subchapter I (§12111 et seq.) of chapter 126

of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short

Title note set out under section 12101 of Title 42 and

Tables.

PRIOR PROVISIONS

Prior similar provisions were contained in former

sections 34, 35, 41, and 42a of this title.

AMENDMENTS

1993—Subsec. (a)(4)(D). Pub. L. 103–73, §107(c)(1)(A),

substituted ‘‘qualified personnel, under State licensure

laws, that are selected by the individual’’ for ‘‘a physician skilled in the diseases of the eye or by an optometrist, whichever the individual may select’’.

Subsec. (a)(4)(F). Pub. L. 103–73, §107(c)(1)(B), substituted ‘‘qualified personnel under State licensure

laws’’ for ‘‘a physician or licensed psychologist in accordance with State licensure laws’’.

Subsec. (a)(6). Pub. L. 103–73, §107(c)(2), substituted

‘‘those individuals determined to be blind after an examination by qualified personnel under State licensure

laws;’’ 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’’.

1992—Subsec. (a). Pub. L. 102–569, §102(p)(9)(A), substituted ‘‘a disability’’ for ‘‘handicaps’’ in introductory

provisions.

Subsec. (a)(1). Pub. L. 102–569, §124(a)(1), added par. (1)

and struck out former par. (1) which read as follows:

‘‘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—

‘‘(A) an evaluation by personnel skilled in rehabilitation engineering technology; and

‘‘(B) an examination by a physician skilled in the

diagnosis and treatment of mental or emotional disorders, or by a licensed psychologist in accordance

with State laws and regulations, or both;’’.

Subsec. (a)(2). Pub. L. 102–569, §124(a)(2), struck out

‘‘referral,’’ after ‘‘guidance,’’ inserted ‘‘work-related’’

before ‘‘placement services’’ and ‘‘job search assistance, placement assistance, job retention services, personal assistance services, and’’ before ‘‘followup,’’ substituted ‘‘maintain, regain, or advance in employment’’

for ‘‘maintain or regain employment’’, and struck out

before semicolon ‘‘, and other services designed to help

individuals with disabilities secure needed services

from other agencies, where such services are not available under this chapter’’.

Pub. L. 102–569, §102(p)(9)(B), substituted ‘‘disabilities’’ for ‘‘handicaps’’ in two places.

Subsec. (a)(3). Pub. L. 102–569, §§102(p)(9)(B), 124(a)(3),

substituted ‘‘disabilities’’ for ‘‘handicaps’’, ‘‘and such

services to the families’’ for ‘‘and services to the families’’, and ‘‘, except that’’ for ‘‘: Provided, That’’.

Subsec. (a)(4)(A). Pub. L. 102–569, §124(a)(4), substituted ‘‘impediment to employment,’’ for ‘‘handicap

to employment,’’ and ‘‘reduce such impediment to employment’’ for ‘‘substantially reduce the handicap’’.

Subsec. (a)(4)(E). Pub. L. 102–569, §102(p)(9)(C)(i), substituted ‘‘individuals with’’ for ‘‘individuals suffering

from’’.

Subsec. (a)(5). Pub. L. 102–569, §124(a)(5), substituted

‘‘for additional costs incurred while participating in rehabilitation’’ for ‘‘, not exceeding the estimated cost of

subsistence, during rehabilitation’’.

Subsec. (a)(6). Pub. L. 102–569, §102(p)(9)(C)(ii), substituted ‘‘individuals who are deaf’’ for ‘‘deaf individuals’’.

Subsec. (a)(7). Pub. L. 102–569, §102(p)(9)(B), substituted ‘‘disabilities’’ for ‘‘handicaps’’.

Subsec. (a)(8). Pub. L. 102–569, §102(p)(9)(C)(iii), substituted ‘‘individuals who are blind’’ for ‘‘the blind’’.

Subsec. (a)(12). Pub. L. 102–569, §124(a)(7), substituted

‘‘technology services’’ for ‘‘engineering services’’.

Subsec. (a)(13) to (16). Pub. L. 102–569, §124(a)(6), (8),

added pars. (13) to (16).
§ 724 TITLE 29—LABOR Page 220

Subsec. (b)(1). Pub. L. 102–569, §§102(p)(9)(B), 124(b)(1),

substituted ‘‘In the case’’ for ‘‘in the case’’, ‘‘disabilities’’ for ‘‘handicaps’’, and a period for semicolon at

end.

Subsec. (b)(2). Pub. L. 102–569, §124(b)(2), substituted

‘‘The establishment, development, or improvement of

community rehabilitation programs, including, under

special circumstances, the construction of a facility,

and the provision of other services (including services

offered at community rehabilitation programs)’’ for

‘‘the construction or establishment of public or nonprofit rehabilitation facilities and the provision of

other facilities and services (including services offered

at rehabilitation facilities)’’ and a period for semicolon

after ‘‘disability’’ and inserted at end ‘‘Such programs

shall be used to provide services that promote integration and competitive employment.’’

Pub. L. 102–569, §102(p)(9)(A), substituted ‘‘individual

with a disability’’ for ‘‘individual with handicaps’’.

Subsec. (b)(3). Pub. L. 102–569, §§102(p)(9)(B), 124(b)(3),

substituted ‘‘The use of’’ for ‘‘the use of’’, ‘‘disabilities’’ for ‘‘handicaps’’, and a period for ‘‘; and’’ at end.

Subsec. (b)(4). Pub. L. 102–569, §§102(p)(9)(D), 124(b)(4),

substituted ‘‘The use of’’ for ‘‘the use of’’, ‘‘individuals

who are blind’’ for ‘‘the blind’’, and ‘‘individuals who

are deaf’’ for ‘‘the deaf’’.

Subsec. (b)(5). Pub. L. 102–569, §124(b)(5), added par.

(5).

1988—Subsec. (a)(1). Pub. L. 100–630, §202(d)(1), struck

out comma after ‘‘related services’’ and substituted

‘‘where appropriate—’’ for ‘‘where appropriate,’’ in introductory provisions and substituted subpars. (A) and

(B) for ‘‘evaluation by personnel skilled in rehabilitation engineering technology, examination by a physician skilled in the diagnosis and treatment of mental

or emotional disorders, or by a licensed psychologist in

accordance with State laws and regulations, or both;’’.

Subsec. (a)(2). Pub. L. 100–630, §202(d)(2), substituted

‘‘individuals to maintain’’ for ‘‘individuals maintain’’.

1986—Subsec. (a). Pub. L. 99–506, §103(d)(2)(A), substituted ‘‘an individual with handicaps’’ for ‘‘a handicapped individual’’ in introductory provisions.

Subsec. (a)(1). Pub. L. 99–506, §204(a), inserted ‘‘evaluation by personnel skilled in rehabilitation engineering technology,’’ after ‘‘appropriate,’’.

Subsec. (a)(2). Pub. L. 99–506, §§103(d)(2)(C), 204(b),

substituted ‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’ wherever appearing, and ‘‘specific

postemployment services necessary to assist such individuals maintain or regain employment, and other’’ for

‘‘other postemployment services necessary to assist

such individuals to maintain their employment and’’.

Subsec. (a)(3), (7). Pub. L. 99–506, §103(d)(2)(C), substituted ‘‘individuals with handicaps’’ for ‘‘handicapped

individuals’’.

Subsec. (a)(12). Pub. L. 99–506, §204(c), added par. (12).

Subsec. (b)(2), (3). Pub. L. 99–506, §103(d)(2)(B), (C),

substituted ‘‘individual with handicaps’’ for ‘‘handicapped individual’’.

1978—Subsec. (a)(1). Pub. L. 95–602, §104(a), inserted

‘‘mental or’’ before ‘‘emotional’’.

Subsec. (b). Pub. L. 95–602, §104(b), inserted ‘‘(including services offered at rehabilitation facilities)’’ after

‘‘services’’ in par. (2) and added pars. (3) and (4).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 706, 721, 797a 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 (or to an Indian tribe under part

D of this subchapter), the non-Federal share,

subject to such limitations and conditions as

may be prescribed in regulations by the Commissioner, 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 establishment of a community rehabilitation program or construction,

under special circumstances, of a facility for

such a program, which would be regarded as

State or local funds except for the condition,

imposed by the contributor, limiting use of such

funds to establishment of such a program or

construction of such a facility.

(Pub. L. 93–112, title I, §104, Sept. 26, 1973, 87

Stat. 370; Pub. L. 95–602, title I, §122(b)(1), Nov.

6, 1978, 92 Stat. 2987; Pub. L. 99–506, title II, §205,

Oct. 21, 1986, 100 Stat. 1817; Pub. L. 102–569, title

I, §125, Oct. 29, 1992, 106 Stat. 4381.)

PRIOR PROVISIONS

Prior similar provisions were contained in former

section 32 of this title.

AMENDMENTS

1992—Pub. L. 102–569 substituted ‘‘costs of establishment of a community rehabilitation program or construction, under special circumstances, of a facility for

such a program’’ for ‘‘costs of construction or establishment of a public or nonprofit rehabilitation facility’’ and directed the substitution of ‘‘establishment of

such a program or construction of such a facility’’,

which was executed by making the substitution for

‘‘construction or establishment of such facility’’ to reflect the probable intent of Congress.

1986—Pub. L. 99–506 inserted ‘‘(or to an Indian tribe

under part D of this subchapter)’’.

1978—Pub. L. 95–602 substituted ‘‘Commissioner’’ for

‘‘Secretary’’.

§ 725. State Rehabilitation Advisory Council

(a) Establishment

(1) In general

Except as provided in subparagraph (B) or

(C) of section 721(a)(36) of this title, to be eligible to receive financial assistance under this

subchapter a State shall establish a State Rehabilitation Advisory Council (referred to in

this section as the ‘‘Council’’) in accordance

with this section.

(2) Separate agency for individuals who are

blind

A State that designates a State agency to

administer the part of the State plan under

which vocational rehabilitation services are

provided for individuals who are blind under

section 721(a)(1)(A)(i) of this title may establish a separate Council in accordance with this

section to perform the duties of such a Council

with respect to such State agency.

(b) Composition and appointment

(1) Composition

(A) In general

Except in the case of a separate Council

established under subsection (a)(2) of this

section, the Council shall be composed of—

(i) at least one representative of the

Statewide Independent Living Council established under section 796d of this title,

which representative may be the chairperson or other designee of the Council;

(ii) at least one representative of a parent training and information center established pursuant to section 1431(e)(1) of title

20;