An Act to amend the Vocational Rehabilitation Act to extend the authorization of grants to States for rehabilitation services, to broaden the scope of goods and services available under that act for the handicapped, and for other purposes
PL 90-391 (H.R.16819), enacted 07/07/1968

82 STAT. ] 
PUBLIC LAW 90-391-JULY 7, 1968 
297 
of the contractual liability of guarantees and insurance outstanding 
at any one time under this Act shall not exceed $500,000,000. 
(c) The Board of Directors of the Bank shall submit to the Congress 
for the calendar quarter ending September 30,1968, and for each cal-
endar quarter thereafter a report of all actions taken under authority 
of this Act during such quarter. 
SEC. 2. In the event of any losses, as determined by the Board of 
Directors of the Bank, incurred on loans, guarantees, and insurance 
extended under this Act, the first $100,000,000 of such losses shall be 
borne by the Bank; the second $100,000,000 of such losses shall be borne 
by the Secretary of the Treasury; and any losses in excess thereof shall 
be borne by the Bank. Reimbursement of the Bank by the Secretaiy 
of the Treasury of the amount of losses which are to be borne by the 
Secretary of the Treasury as aforesaid shall be from funds made 
available pursuant to section 3 of this Act. All guarantees and insurance 
issued by the Bank shall be considered contingent obligations backed 
by the full faith and credit of the Government of the United States 
of America. 
SEC. 3. There are hereby authorized to be appropriated to the 
Secretary of the Treasury without fiscal year limitation $100,000,000 
to cover the amount of any losses which are to be borne by the Secre-
tary of the Treasury as provided in section 2 hereof. 
SEC. 4. Nothing in this Act shall be construed as a limitation on the 
powers of the Bank under the Export-Import Bank Act of 1945, as 
amended; and except as to the standard of reasonable assurance of 
repayment required under section 2(b)(1) of that Act, all loans, 
guarantees, and insurance extended hereunder shall be subject to the 
provisions of said Export-Import Bank Act of 1945, as amended, and 
to the policies of the Bank with respect to terms of repayment, interest 
rates, fees, and premiums applicable to loans, guarantees, and insur-
ance extended under that Act. 
SEC. 5. The Bank shall not extend loans, guarantees, or insurance 
under this Act in connection with the sale of defense articles or defense 
services. 
Approved July 7, 1968. 
Report to Con-
gress. 
Losses. 
Contingent ob-
ligations. 
Appropri ation. 
59 Stat. 526. 
12 use 6.35 
note. 
Ante, p. 47. 
Prohibition. 
Public Law 90-391 
AN ACT 
To amend the Vocational Rehabilitation Act to extend the authorization of 
grants to States for rehabilitation sfrvices, to broaden the sc'oi>e of goods 
and services available under that Act for the handicapped, and for other 
I)urpohVs. 
July 7, 1968 
[H.R. 16819] 
Be it enacted hy the Senate and Tloune of RepreHentatlven of the 
United States of America in Congress assembled^ Tliat this Act may 
be cited as tlie "Vocational Rehabilitation Amendments of 1968''. 
Vocational Re-
habilitation 
Amendments of 
1968. 
298 
PUBLIC LAW 90-391-JULY 7, 1968 
[82 STAT. 
AUTHORIZATION OF APPROrRIATIONS 
iltVi^'o^""'' 
^EC. '2: (a) Section 1(b)(1) of the Vocatioiiiil Rehabilitation Act 
29 use 31. 
is amended by striking out "and" and by inserting before the period 
at the end thereof the following: '', and for the fiscal year ending 
June 30,1971, the sum of $700,000,000*'. 
(b) Section 1(b) (2) of such Act is amended by striking out "and" 
and by inserting before the period at the end thereof the following: 
", for the fiscal year ending June 80, 1969, the sum of $8,200,000, 
for the fiscal year ending June 30, 1970, the sum of $6,000,000, and 
for the fiscal year ending June 80, 1971, the sum of $10,000,000". 
(c) Section 1(b) (3) of such Act is amended by striking out "and'' 
where it appears after "$104,000,000,'', and by inserting before the 
period at the end thereof the following: ", for the fiscal year ending 
June 30, 1969, the sum of $80,000,000, for the fiscal year ending 
June 30, 1970, the sum of $115,000,000, and for the fiscal year ending 
June 30, 1971, the sum of $140,000,000''. 
(d) Section 1 (b) (4) of such Act is amended by striking out "1969" 
and inserting "1972". 
29 u s e 32. 
M I N I M U M 
ALLOTMENTS TO STATES 
SEC. 3. Section 2(a) of the Vocational Rehabilitation Act is 
amended by inserting at the end thereof the following: "The allotment 
to any State (other than the Virgin Islands, Puerto Rico, and Guam) 
for any fiscal year under the preceding two sentences which is less 
than $1,000,000 shall be increased to that amount, the total of the 
increases thereby required being derived by proportionately reducing 
the allotments of each of the remaining such States under the pre-
ceeding two sentences, but with such adjustments as may be necessary 
to prevent the allotment of any of such remaining States from being 
thereby reduced to less than that amount." 
LIMITATION ON USE OF FUNDS FOR CONSTRUCTION 
SEC. 4. Section 2(b) of the Vocational Rehabilitation Act is amended 
by inserting after "for such year" the first time it appears the follow-
ing: "and such payments shall not be made in an amount which would 
result in a violation of the provisions of the State plan required by 
Post, p. 300. 
section 5(a) (14)" and by striking out "1965" and inserting in lieu 
thereof "1969". 
PRIVATE CONTRIBUTIONS FOR CONSTRUCTION OR ESTABLISHMENT OF 
FACILITIES 
SEC. 5. Section 2 of the Vocational Rehabilitation Act is amended 
by adding at the end thereof following new subsection: 
"(c) For the purpose of determining the amount of payments to 
Post. p. 299. 
States for carrying out this section and section 3 with respect to 
Post, p. 300. 
expenditures under a State plan approved under section 5, State funds 
82 STAT. ] 
PUBLIC LAW 90-391-JULY 7, 1968 
299 
shall, subject to such limitations and conditions as may be prescribed 
in regulations of the Secretary, include contributions of funds made 
by any private agency, organization, or individual to a State to assist 
in meeting the costs of construction or establishment of a public or 
other nonprofit rehabilitation facility, which would be regarded as 
State funds except for the condition, imposed by the contributor, 
limiting use of such funds to construction or establishment of such 
facility."' 
ALLOTMEN'ITS TO STATES FOR T H E INNOVATION OF VOCATIONAL 
REHABILITATION 
SERVICES 
SEC. 6. Effective with respect to fiscal years ending after June 80, 
1969, section 8 of the Vocational Rehabilitation Act is amended by 
29 us^c 3^^*^ 
adding at the end thereof the following new subsection: 
"(d) Whenever the Secretary determines that any amount of an 
allotment to a State for any fiscal year will not be utilized by such 
State in carrying out the purposes of this section, he shall make such 
amount available for carrying out the purposes of this section to one 
or more other States which he determines will be able to use additional 
amounts during such year for carrying out such purposes. Any amount 
made available to a Slate for any fiscal year pursuant to the preced-
ing sentence shall, for purposes of this Act, be regarded as an increase 
in such State's allotment (as determined under the preceding pro-
visions of this section) for such year." 
PROJECTS WITH INDUSTRY; TECHNICAL AMENDMENTS OF SECTION 4 
SEC. 7. (a) (1) The first sentence of section 4(a) of the Vocational y/gta^^V^sg^' 
Rehabilitation Act is amended by (A) inserting " (1)" after "Secretary 
29 use 34. 
shall", (B) striking out "(1)"' after "grants'', (C) inserting in clause 
(1) thereof after "several States"' the following: ", and problems 
related to the rehabilitation of the mentally retarded'', and (D) 
amending clause (2) thereof to read as follows: "(2) (A) make grants 
''^ ^'^*- ^•-^°-
to States and public and other nonprofit organizations and agencies 
for paying part of the cost of planning, preparing for, and initiat-
ing special programs to expand vocational rehabilitation services in 
those States where, in the judgment of the Secretary, such action 
holds promise of yielding a substantial increase in the number of per-
sons vocationally rehabilitated, and sums appropriated for grants 
under this clause shall remain available for such grants through the 
close of June 30, 1972, (B) make contracts or jointly financed co-
operative arrangements with employers and organizations for the 
establishment of projects designed to prepare handicapped individuals 
for gainful employment in the competitive labor market under which 
handicapped individuals are provided training and employment in 
a realistic work setting and such other services (determined in accord-
ance with regulations of the Secretary) as may be necessary for such 
individuals to continue to engage in such employment, (C) make 
grants to State vocational rehabilitation agencies and other public 
and private nonprofit agencies to enable them to develop new programs 
to recruit and train individuals for new career opportunities in order 
to provide appropriate manpower in programs serving handicapped 
individuals and to upgrade or expand those services and (D) make 
grants to vocational rehabilitation agencies and other public and pri-
vate nonprofit agencies to enable them to develop new programs 
to recruit and train handicapped individuals to provide them with 
new career opportunities in the fields of rehabilitation, health, welfare, 
public safety and law enforcement, and other appropriate public 
service employment." 
79 Stat. 1282. 
29 u s e 31. 
Ante, p. 299. 
300 
PUBLIC LAW 90-391-JULY 7, 1968 
[82 STAT. 
(2) The second sentence of section 4(a) of the Vocational Rehabili-
^^ use ^^^° 
tation Act is amended by striking out "vocational rehabilitation" and 
inserting in lieu thereof "vocational rehabilitation of the handicapped 
or to the rehabilitation of the mentally retarded". 
68 Stat. 655. 
(jj) Sectlon 4 of such Act is amended by striking out subsection (b) 
and redesignating subsections (c) and (d) as (b) and (c), respectively. 
(c) So much of section 1(b) (3) of such Act as precedes "there is 
authorized" is amended to read as follows: 
"(3) For the purpose of (A) making grants under section 4(a) (1) 
for research, demonstrations, training, and traineeships; (B) making 
grants under clause (2) (A) of section 4(a) for planning, preparing 
for, and initiating special programs to expand State vocational reha-
bilitation services; (C) making contracts and jointly financed coopera-
tive arrangements under clause (2) (B) of section 4(a) for projects for 
providing jobs to handicapped individuals; and (D) making grants 
imder clauses (2) (C) and (D) of section 4(a) to develop new pro-
grams to recruit and train individuals for new career opportunities,". 
(d) Section 4(c) of such Act (^as so redesignated by subsection (b)) 
is amended by striking out "section 5 of the Administrative Expenses 
Act of 1946 (5 U.S.C. 73b-2) and inserting in lieu thereof "section 
5703 of title 5, United States Code,". 
79 Stat. 1293. 
80 Stat. 499. 
STATE PLAN REQUIREMENTS 
SEC. 8. (a) Section 5(a)(1)(A) of the Vocational Rehabilitation 
29 u^c 35^^^' 
^^^ ^^ amended by inserting " ( i ) " after "except that" and by insert-
ing before the semicolon at the end thereof the following: ", and (ii) 
the Secretary, upon the request of an agency so designated, Td^y 
authorize such agency to share funding and administrative responsi-
bility with another agency of the State in order to permit such agencies 
to carry out a joint project to provide services to handicapped indi-
viduals, and may waive compliance with respect to vocational reha-
bilitation services furnished under such joint projects with the req^uire-
68 Stat. 657. 
^^^^ 
^f sectlou 5(a)(3) that the plan be in effect in all political 
subdivisions of the State". 
(b) Section 5(a) (7) of such Act is amended to read as follows: 
"(7) provide that evaluation 
of 
rehabilitation 
potential, 
counseling and guidance, personal and vocational adjustment, 
training, maintenance, physical restoration, and placement and 
followup services will be provided under the plan;". 
(c) Section 5(a)(9) of such Act is amended by striking out 
"Bureau of Old-Age and Survivors Insurance" and inserting in lieu 
thereof "Social Security Administration". 
(d) Section 5(a) of such Act is further amended by striking out 
"and" at the end of paragraph (11), by striking out the period at 
81 Stat. 253. 
^j^^ gj^^j Q£ paragraph (12) and inserting a semicolon, and by adding 
at the end thereof the following: 
"(13) provide for continuing statewide studies of the needs 
of handicapped individuals and how these may be most effectively 
met; and 
"(14) provide that where such State plan includes provisions 
for the construction of rehabilitation facilities— 
"(A) the Federal share of the cost of construction thereof 
for a fiscal year will not exceed an amount equal to 10 per 
centum of the State's allotment for such year, 
"(B) the provisions of subsections (b)(1), (2), and (4), 
and (e) of section 12 shall be applicable to such construction 
and such provisions shall be cfeemed to apply to such con-
struction, and 
79 Stat. 1284. 
29 u s e 41a. 
Ante, 
pp. 298, 
300. 
82 STAT. ] 
PUBLIC LAW 90-391-JULY 7, 1968 
301 
"(C) there shall be comi)liaii('e Avith regulations of the 
Secretary designed to assure that no State will reduce its 
eiforts in providing other vocational rehabilitation services 
_ 
because its plan includes such provisions for construction."' 
EVALUATION OF A'OCATIOXAL REHABILITATIOX TROGRAM 
SEC. 9. Section 7 of the Vocational Rehabilitation Act is amended y/star^'aei^' 
by adding at the end thereof the following new subsection: 
29 use 37. 
"' (e) For any fiscal year ending after June 30, 1968, such portion of 
the appropriations for grants under section 1 as the Secretary may 
determine, but not exceeding 1 per centum thereof or $1,000,000, 
whichever is the lesser, shall be available for exaluation by the Secre-
tary (directly or by grants or contracts) of the programs authorized 
by this Act."' 
REVISION o r DEFINITIONS 
SEC. 10. (a) Subsection (a) of section 11 of the Rehabilitation Act 
29 use 4i. 
is amended to read as follows: 
•'•(a)(1) The term 'vocational rehabilitation services' means the 
"vocational 
,. n 
'.^ 
' 
. 
rehabilitation 
lollowmg services: 
services." 
"(A) evaluation, including diagnostic and related services, 
incidental to the determination of eligibility for and the nature 
and scope of services to be provided; 
"(B) counseling, guidance, and placement services for handi-
capped individuals, including followup services to assist such 
individuals to maintain their employment; 
"(C) training services for handicapped individuals, which shall 
include personal and vocational adjustment, books, and other 
training materials; 
"(D) reader services for the blind and interpreter services for 
the deaf; and 
"(E) recruitment and training services for handicapped indi-
viduals to provide them with new employment opportunities in 
the fields of rehabilitation, health, Avelfare, public safety, and law 
enforcement, and other appropriate service employment. 
"(2) Such term also includes, after full consideration of eligibility 
for any similar benefit by way of pension, compensation, and insurance, 
the folloAving services and goods provided to, or for the benefit of, 
a handicapped individual: 
"(A) phy-ical restoration services, including, but not limited 
to (i) 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 
barrier to employment, but is of such nature that .such correction 
or modification may reasonably be expected to eliminate or sub-
stantially reduce the handicap within a reasonable length of 
time, (ii) necessary ho.spitalization in connection witli surgery 
or treatment, (iii) prosthetic and orthotic devices, (iv) eye 
glasses and vi.^ual services as prescribed by a physician skilled in 
the diseases of the eye or by an optometrist; 
"(B) maintenance, not exceeding the estimated cost of sub-
sistence, during rehabilitation; 
"(C) occupational licenses, tools, equipment, and initial stocks 
and .supplies; 
"(D) in the case of any type of .small busine.ss operated by the 
severely handicapped the operation of which can be improved by 
management services and supervision provided hy the State 
agency, the provision of such services and supervision, alone or 
302 
PUBLIC LAW 90-391-JULY 7, 1968 
[82 STAT. 
68 Stat. 660. 
29 u s e 41. 
"Rehabilitation 
facility." 
Repeal. 
"Workshop.'' 
"Nonprofit." 
68A Stat. 163. 
26 u s e 501. 
"Establishment 
of rehabilitation 
facility." 
"Federal 
share." 
79 Stat. 1294. 
Ante, p. 298. 
Supra. 
together with the acquisition by the State agency of vending stands 
or other equipment and initial stocks and supplies; 
"(E) the construction or establishment of public or other non-
profit rehabilitation facilities and the provision of other facilities 
and services which promise to contribute substantially to the reha-
bilitation of a group of individuals but which are not related 
directly to the rehabilitation plan of any one handicapped 
individual; 
"(F) transportation in connection with the rendering of any 
other vocational rehabilitation service; 
"(G) any other goods and services necessary to render a handi-
capped individual employable; 
"(H) services to the families of handicapped individuals when 
such services will contribute substantially to the rehabilitation of 
such individuals." 
(b) Subsection (c) of section 11 such Act is amended to read as 
follows: 
"(c) The term 'rehabilitation facility- means a facility which is 
operated for the primary purpose of providing vocational rehabilita-
tion services to, or gainful employment for, handicapped individuals, 
or for providing evaluation and work adjustment services for disad-
vantaged individuals, and which provides singly or in combination 
one or more of the following services for handicapped individuals: (1) 
Comprehensive rehabilitation services which shall include, under one 
management, medical, psychological, social, and vocational services, 
(2) testing, fitting, or training in the use of prosthetic and orthotic 
devices, (3) prevocational conditioning or recreational therapy, (4) 
physical and occupational therapy, (5) speech and hearing pathology, 
(6) psychological and social services, (7) evaluation, (8) personal 
and work adjustment, (9) vocational training (in combination with 
other rehabilitation services), (10) evaluation or control of special dis-
abilities, and (11) extended employment for the severely handicapped 
who cannot l)e readily absorbed in the competitive labor market; but 
all medical and related health services must be prescribed by, or under 
the formal super\dsion of, persons licensed to practice medicine or 
surgery in the State." 
(c) Subsection (d) of section 11 of such Act is repealed, 
(d) Subsection (e) of section 11 of such Act is amended by striking 
out "or a workshop" and "and a w^orkshop, respectively," and by strik-
ing out "101(6) of the Internal Revenue Code" and inserting in lieu 
thereof "501(c) (3) of the Internal Revenue Code of 1954". 
(e) Subsection (f) of section 11 of such Act is amended to read as 
follows: 
"(f) Establishment of a rehabilitation facility means (1) the ex-
pansion, 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, by regulation, prescribe in order to prevent 
impairment of the objectives of, or duplication of, other Federal laws 
providing Federal assistance in the construction of such facilities), 
(2) initial equipment of such buildings, and (3) the initial staffing 
thereof (for a period not to exceed four years and three months)." 
(f) Subsection (i) of section 11 of such Act is amended by inserting 
before the period at the end thereof the following: "for the fiscal year 
ending June 30, 1969, and 80 per centum for each succeeding fiscal 
year; except that with respect to payments pursuant to section 2(b) 
to any State which are used to meet the costs of construction of reha-
bilitation facilities (as provided in section 11(a)(2)(E)) in such 
State, the Federal share shall be, for the fiscal year ending June 30, 
'Construction." 
79 Stat. 676, 
82 STAT. ] 
PUBLIC LAW 90-391-JULY 7, 1966 
303 
1969, and for each subsequent fiscal year, the percentage determined in 
accordance with the provisions of section 12(c) applicable with respect 
^^ f*5^ \284. 
to that State". 
. 
, 
'' 
(g) Subsection (g) of section 11 of such Act is amended by inserting 
If'g** "eei 
before the period the following:"; and, for purposes of sections 4,7,12, 
29 usV 41. 
and 13 only of this Act, American Samoa and the Trust Territory of 
the Pacific Islands, and for such purposes the appropriate State agency 
designated as provided in section 5(a) (1) shall be the Governor of 
American Samoa or the High Commissioner of the Trust Territory 
of the Pacific Islands, as the case may be"'. 
(h) (1) Section 11(h) (2) of the Vocational Rehabilitation Act is ^enfagf"^"* ^^'"" 
amended by striking out "August 31'' and inserting in lieu thereof 
"September 30", and by striking out ": Provided/^ and all that follows 
down through "1957". 
(2) Section 11 (h) (3) of such Act is repealed. 
^Titl^ 417 
(3) Section 11 (h) (4) of such Act is redesignated section 11 (h) (3) 
and is amended by striking out "and subsection (i)". 
(i) Section 11 (j) of the Vocational Rehabilitation Act is amended ^^f^^^ popuia-
by adding at the end thereof before the period the following: "by 
esstat. 661. 
October 1 of the year preceding the fiscal year for which funds are 
appropriated pursuant to authorization provided for in section 1". 
300"'*^' ^^' ^"*' 
(j) Section 11 of such Act is further amended by adding at the end 
thereof the following: 
" (1) Except where used in sections 12 and 16, the term 'construction' 
means the construction of new buildings, the acquisition of existing 1284 
buildings, initial equipment of such new buildings or newly acquired 
29 use 4ia, 42 
buildings, and initial staffing thereof (for a period not to exceed four 
years and three months), and the term 'cost of construction' includes 
architects' fees and acquisition of land in connection with construction, 
but does not include the cost of off-site improvements." 
REHABILITATION FACILITIES CONSTRUCTION AND STAFriNG 
SEC. 11. (a) (1) The center heading of section 12 of the Vocational 
Rehabilitation Act is amended to read as follows: 
"GRANTS FOR CONSTRUCTION AND STAFFING OF REHABILITATION 
FACILITIES" 
(2) Section 12 of such Act is amended (A) by striking out "work-
shop or" and "workshops and" wherever such terms appear, (B) 
by striking out ", as the case may be" at the end of subsection (b) (1), 
and (C) by striking out "workshop" w^here it appears in paragraph 
(3) of the last subsection and inserting in lieu thereof "rehabilitation 
facility which is primarily a workshop". 
(b) Subsection (i) of section 12 of such Act is amended (1) by 
Appropriation. 
inserting after "June 30, 1968" the following: "$10,000,000 for the 
fiscal year ending June 30, 1969, $20,000,000 for the fiscal year ending 
June 30, 1970, and $30,000,000 for the fiscal year ending June 30, 
1971", and (2) by striking out "1970" and inserting in lieu thereof 
"1973". 
REHABILITATION FACILITIES IMPROVEMENT 
SEC, 12. (a) The center heading of section 13 of the Vocational 
Rehabilitation Act is amended to read "REHABILITATION FACILITY 
!? ^l^l ^}}'°-
IMPROVEMENT". 
(b) Subsection (a) of such section is amended by striking out 
"workshops and" in paragraph (1), and by striking out "workshops 
or" both times it appears in paragraph (3). 
29 use 41b. 
304 
PUBLIC LAW 90-391-JULY 7, 1968 
[82 
STAT. 
79 Stat. 1287. 
29 u s e 41b. 
80 Stat. 499. 
Appropriation. 
(c) Subsection (b) of such section is amended by striking out 
''Workshop" where it appears in the center heading and inserting 
"Rehabilitation Facility", and by amending paragraph (1) thereof to 
read as follows: 
"(b)(1) The Secretary is authorized to make grants to public or 
other nonprofit rehabilitation facilities to pay part of the cost of 
projects to analyze, improve and increase their professional services 
to the handicapped, their business management, or any part of their 
operations affecting their capacity to provide employment and services 
for the handicapped." 
(d) Subsection (c) of such section is amended (1) by striking 
"Workshops" where it appears in the center heading and inserting 
"Rehabilitation Facility", (2) by striking out "workshops" in para-
graph (1) and inserting "rehabilitation facilities", and (3) by striking 
out "section 5 of the Administrative Expense Act of 1946 (5 U.S.C. 
73b-2)" and inserting in lieu thereof "section 5703 of title 5, United 
States Code,". 
(e) Subsection (d) of such section is amended by inserting after 
"subsection (a)" in paragraph (2) the following: "for a rehabilitation 
facility which is a workshop", and by striking out in paragraph (4) 
"section 5 of the Administrative Expense Act of 1946 (5 U.S.C. 
73b-2)" and inserting in lieu thereof "section 5703 of title 5, United 
States Code". 
(f) Subsection (e) of such section is amended by striking out "work-
shop or". 
(g) Subsection (f) of such section is amended by striking out "and 
subsection (b)" and inserting in lieu thereof ", subsection (b), and 
subsection (c)", and by inserting after "June 30,1968" the following: 
"$10,000,000 for the fiscal year ending June 30, 1969, $20,000,000 for 
the fiscal year ending June 30, 1970, and $30,000,000 for the fiscal 
year ending June 30,1971". 
79 Stat. 676, 
1284-1289; 
81 Stat. 251, 252. 
29 u s e 31 note, 
41c-42b. 
State allot-
ments. 
Ante, p. 303. 
Minimum. 
Appropriation. 
VOCATIONAL EVALUATION AND WORK 
ADJUSTMENT 
SEC. 13. The Vocational Rehabilitation Act is amended (1) by 
striking out sections 15 and 16, (2) by redesignating sections 17,18, and 
19 as sections 16, 17, and 18, respectively, and (3) by inserting after 
section 14 the following new section: 
"VOCATIONAL EVALUATION AND WORK ADJUSTMENT PROGRAM 
"SEC. 15. (a)(1) For each fiscal year each State shall be entitled 
to an allotment of an amount bearing the same ratio to the amount 
authorized to be appropriated by paragraph (2) of this subsection 
for meeting the costs described in paragraph (3) of this subsection, 
as the product of (A) the population of the State, and (B) its 
allotment percentage (as defined in section 11(h)) bears to the sum 
of the corresponding products for all the States. The allotment to 
any State under the preceding sentence for any fiscal year which is 
less than $50,000 (or such amount as may be specified as a minimum 
allotment in the Act appropriating sums for such year) shall be 
increased to that amount, the total of the increases thereby required 
being derived by proportionately reducing the allotments to each 
of the remaining States under the preceding sentence, but with such 
adjustments as may be necessary to prevent the allotment of any of 
such remaining States from being thereby reduced to less than that 
amount. 
"(2) There is authorized to be appropriated for carrying out this 
section $50,000,000 for the fiscal year ending June 30,1969, $75,000,000 
for the fiscal year ending June 30, 1970, $100,000,000 for the fiscal 
82 STAT. ] 
PUBLIC LAW 90-391-JULY 7, 1968 
305 
year ending June 80, 1971, and for each succeeding fiscal year only 
such sums may be appropriated as the (^ongress may hereafter 
authorize by law. 
"(3) The Secretary shall pay to each State an amount equal to 90 
per centum of the cost of evaluation and work adjustment services 
furnished to disadvantaged persons under a plan of such State ap-
proved under subsection (d), including the cost of any evaluation and 
work adjustment services furnished by the designated State voca-
tional rehabilitation agency or agencies for other agencies providing 
services to disadvantaged individuals under another evaluation pro-
gram of the State, except that the total of such payments to such State 
for such fiscal year may not exceed its allotment under paragraph (1) 
for such year. The cost of evaluation and work adjustment services 
shall not include any amounts paid by another public or private 
agency for the provision of evaluation or work adjustment services. 
"(4) 'Evaluation and work adjustment services' include, as appro-
priate in each case, such services as— 
"(A) a preliminary diagnostic study to determine that the in-
dividual is disadvantaged, has an employment handicap, and that 
services are needed; 
"(B) a thorough diagnostic study consisting of a comprehen-
sive evaluation of pertnient medical, psychological, vacational, 
educational, cultural, social, and environmental factors which 
bear on the individual's handicap to employment and rehabilita-
tion 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) services to appraise the individual's patterns of work 
behavior and ability to acquire occupational skills, and to develop 
work attitudes, work habits, work tolerance, and social and 
behavior patterns suitable for successful job performance, includ-
ing the utilization of work, simulated or real, to assess and develop 
the individual's capacities to perform adequately in a work 
environment; 
"(D) any other goods or services provided to a disadvantaged 
individual, determined (in accordance with regulations of the 
Secretary) to be necessary for, and which are provided for the 
purpose of, ascertaining the nature of the handicap to employ-
ment and whether it may reasonably be expected the individual 
can benefit from vocational rehabilitation services or other services 
available to disadvantaged individuals; 
"(E) outreach, referral, and advocacy; and 
"(F) the administration of these evaluation and work adjust-
ment services. 
As used in this .section, the term 'disadvantaged individuals' means (i) 
iiandicapped individuals as defined in section 11(b) of this Act, (ii) 
individuals disadvantaged by reason of their youth or advanced age, 
low educational attainments, ethnic or cultural factors, prison or 
delinquency records, or other conditions which constitute a barrier to 
employment, and (iii) other members of their families when the pro-
vision of vocational rehabilitation services to family members is 
necessary for the rehabilitation of an individual described in clause 
(i) or (ii). 
"(b) No payment may be made from an allotment under this section 
with respect to any cost with respect to which any payment is made 
under any other section of this Act. 
Federal pay-
ments. 
"Evaluation and 
work adjustment 
services. 
"Disadvantaged 
individuals." 
68 Stat. 660. 
29 use 41. 
Restriction. 
306 
PUBLIC LAW 90-391-JULY 7, 1968 
[82 STAT. 
state plan. 
u^^^ rpj^^ Secretary shall approve a State evaluation and work 
adjustment plan which: 
"(1) Designates as the State evaluation and work adjustment 
Ante, p. 300. 
ageucy the same agency designated under section 5(a) of this Act 
(other than the State blind commission or other agency providing 
assistance or services to the adult blind). 
"(2) Provides for financial participation by the State, which 
may include non-Federal funds donated to the State. 
(3) Shows the plan, policies, and methods to be followed in 
providing services under the State evaluation and work adjust-
ment plan and in its administration and supervision, and, in 
case evaluation and work adjustment services cannot be provided 
all disadvantaged individuals who apply for such services, shows 
the order to be followed in selecting those to whom evaluation 
and work adjustment services will be provided. 
"(4) Provides such methods of administration, other than 
methods relating to the establishment and maintenance of per-
sonnel standards, as are found by the Secretary to be necessary 
for the proper and efficient administration of the plan. 
"(5) Contains provisions relating to the establishment and 
maintenance of personnel standards and the establishment and 
maintenance of minimum standards governing the facilities and 
personnel utilized in the provision of evaluation and work ad-
justment services consistent with the provisions of the State plan 
for vocational rehabilitation services. 
"(6) Provides that evaluation and work adjustment services 
will be provided without regard to whether or not the disad-
vantaged individual is in financial need, except to the extent pro-
vided for under paragraph (3). 
"(7) Provides that the State agency will make such reports, in 
such form and containing such information, as the Secretary may 
from time to time reasonably require to carry out his functions 
under this section, and comply with such provisions as he may 
from time to time find necessary to assure the correctness and 
verification of such reports. 
"(8) Provides for cooperation by the State agency with other 
public and private agencies concerned with disadvantaged in-
dividuals and joint undertakings to further the effectiveness of 
evaluation and w^ork adjustment services for such individuals. 
Withholding o
f 
u/^\ 
rpj^g Secretary shall discontinue payments under this section 
payments; appeal. 
. 
.) ' 
"^ i 
.^ 
i 
• 
*
^ i 
• 
• 
i i 
m the same manner and on the same basis as he is required by section 
29 u^c 35^^ 
5(c) to discontinue payments under sections 2 and 3, and judicial 
Ante, pp. 298, 
revicw of such action shall be had in the same manner as is provided 
299. 
in section 5(d) for similar action taken by him under section 5(c). 
"(e) Payments under this section may be made (after necessary 
adjustments on account of previously made overpayments or under-
payments) in advance or by way of reimbursement, and in such in-
stallment and on such conditions, as the Secretary may determine." 
PRESIDENT'S COMMITTEE ON EMPLOYMENT OF THE HANDICAPPED 
SEC. 14. The joint resolution entitled "Joint resolution authorizing 
an appropriation for the work of the President's Committee on Na-
tional Employ the Physically Handicapped Week", approved July 11, 
1949, as amended (63 Stat. 409), is amended (1) by striking out the 
word "physically" wherever it appears, and (2) by striking out "not to 
exceed the sum of $500,000" and inserting in lieu thereof "not to exceed 
the sum of $1,000,000". 
Approved July 7, 1968. 
79 Stat. 1294.