ORGANIZATION OF FEDERAL BOARD FOR VOCATIONAL EDUCATION The machinery established by the national act is devised solely to secure effective cooperation by the State and Federal Governments in promoting the rehabilitation program. The Federal Board for Vocational Education is designated as the Federal agency of administration. This board was created by the vocational education act, approved February 23, 1917, passed for the purpose of promoting vocational education through the public school systems of the country. The members of the Federal board are the Secretaries of Agriculture, Commerce, and Labor, the Commissioner of Education, and three private citizens appointed by the President, who represent, respectively, the manufacturing and commercial, the agricultural, and the labor interests of the Nation. One member is elected annually by the board as chairman. The appointed members and the Commissioner of Education are designated by the board as the standing committee, one of whom is selected as vice chairman. The standing committee holds stated meetings each month for the purpose of attending to the regular routine business of the board. STATE REHABILITATION AGENCIES State boards for vocational education exist in each of the States, having been created or designated to cooperate with the Federal board in the administration of the vocational education act. The national civilian vocational rehabilitation act provides that these State boards for vocational education shall act as the agencies of cooperation with the Federal Government in the vocational rehabilitation of the disabled. PREREQUISITES TO RECEIPT OF FEDERAL ASSISTANCE In order to receive the benefits of cooperation by the Federal Government a State must accept the provisions of the national act by legislative enactment; empower and direct its State board for vocational education to cooperate with the Federal board in the administration of the national civilian vocational rehabilitation act; in those States having an agency administering workmen's compensation or liability laws, provide a plan of cooperation between this agency and the State board; provide for the supervision and support of the rehabilitation work; and appoint its State treasurer as custodian of the Federal allotments. CONDITIONS UNDER WHICH FEDERAL ALLOTMENTS ARE MADE As will be described more fully in Part III, page 8, the money allotted to the States must be expended upon the following condi tions: (1) That it be matched by expenditures from State funds; (2) that the State board submit annually to the Federal board for approval, a plan for carrying on the State program; (3) that the State board make an annual report to the Federal board on the State work, and on the expenditure of Federal funds and of State funds used to match Federal funds; (4) that Federal and matching money be not expended for purchase, erection, or repair of buildings or equipment, or for purchase or rental of lands; and (5) that the rehabilitation service of the State shall be available to civil employees of the United States disabled while in the performance of their duties. AGREEMENT BETWEEN FEDERAL GOVERNMENT AND STATES The cooperative agreement between the Federal Government and a State is not a general uniform agreement for all States. It is proposed by a given State board for its own State and is approved for that State only, it being recognized that it would be impossible to set up a single uniform plan for a widely diversified country, with its differing social, economic, and industrial conditions. The Federal board, therefore, can and must exercise some degree of administrative discretion as to the nature of the arrangement into which it is willing to enter with each State as a unit, but it should be emphasized that the plan must in every case be offered by the State board before being passed upon by the Federal board. Thus, partly by the act itself, partly by the Federal board, and partly by the State board in cooperation with the Federal board, standards of civilian vocational rehabilitation are established meeting the approval of both. STATES CONTROL WORK Finally, the guiding principle of the national civilian vocational rehabilitation act is that the service to the disabled be furnished under the supervision and control of the State board, and that it be designed to establish disabled persons in remunerative employment. The Federal Government cooperates with the State through financial contributions to the support of the work and through the provision of assistance in the general promotion of the service. In the following sections of this bulletin there appears a full treatment of the mandatory provisions of the national civilian vocational rehabilitation act and of the policies and procedure followed by the Federal board in administering it. PART II DIGEST OF THE NATIONAL CIVILIAN VOCATIONAL REHABILITATION ACT [Rehabilitation of persons disabled in industry or otherwise and their return to civil employment. Public No. 200, Sixty-eighth Congress, H. R. 5478] SECTION 1.-PURPOSE AND ALLOTMENTS AND CONDITIONS UNDER WHICH FEDERAL ALLOTMENTS ARE MADE Purpose and Allotments. To provide for promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment. Sums authorized to be appropriated for use of States. Allotment to a State from general appropriations is based on the proportion of the State's population to that of the United States, excluding Territories, outlying possessions, and the District of Columbia, with the provision that the allotment of funds to any State shall not be less than a minimum of $5,000 for any fiscal year. Conditions Under Which Federal Allotments Are Made. 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. This condition is analyzed as follows: (a) All money must be expended "in the State.” NOTE.-See page 9 for interpretation of “in the State." (6) All money must be expended "under the supervision and control of the State board for vocational education." (c) The State money expended must be "at least an equal (d) The State money must be expended "for the same pur- 2. That the State board shall submit a plan annually to the Federal board showing: (a) Kinds of vocational rehabilitation and schemes of placement. (b) Plan of administration and supervision. (c) Courses of study. (d) Methods of instruction. (e) Qualifications of personnel. (f) Plans for training personnel. 3. That the State board shall make annually, before September 1, statistical and financial reports to the Federal board. 4. That no expenditures shall be made from Federal funds for purchase, preservation, erection, or repair of buildings or equipment, or for purchase or rental of lands. 5. That the State rehabilitation service shall be available to any civilian employee of the United States disabled while in the performance of his duty. SECTION 2.-TERMS DEFINED Defines "disabled persons" to include "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 incapaciated for remunerative occupation." Defines "rehabilitation" to mean "the rendering of a disabled person fit to engage in a remunerative occupation." SECTION 3.-CONDITIONS FOR SECURING APPROPRIATIONS To secure Federal funds a State must, through its legislative authority 1. Accept the provisions of the national act. 2. Empower and direct the State board for vocational education to conduct the civilian vocational rehabilitation service. 3. Provide a plan of cooperation between the State board and the compensation commission, or agency, the plan to become effective when approved by the governor of the State. 4. Provide for supervision and support of civilian vocational rehabilitation service. 5. Appoint the State treasurer custodian of Federal civilian vocational rehabilitation funds. SECTION 4.-POWERS AND DUTIES OF THE FEDERAL BOARD FOR VOCATIONAL EDUCATION Powers. 1. To cooperate with State boards in carrying out the provisions of the act. 2. To make and establish necessary and appropriate rules and regulations for carrying out the provisions of the act. 3. To provide for the rehabilitation of disabled persons and their return to employment. 4. To cooperate, for purpose of carrying out the provisions of the act, with such public and private agencies as it may deem advisable. Duties. 1. To examine State plans and approve them if satisfactory. 2. To ascertain annually whether or not States are using or are prepared to use Federal money in accordance with the act. 3. To certify on or before January 1 each year to the Secretary of the Treasury each State which has accepted the national act and complied therewith, indicating the amount the State is entitled to receive. 4. To deduct from the next succeeding allotment to a State, whenever any portion of the annual funds has not been expended, a sum equal to such unexpended portion. 5. To withhold the allotment of moneys to any State whenever it shall be determined that allotted moneys are not being expended for purposes and conditions of act. 6. To require replacement of any portion of moneys received under the act that is diminished or lost by withholding subsequent allotments. However, the State board may appeal to Congress if allotment is withheld. 7. Under the terms of the appropriation for administration (see sec. 6 of the act, p. 44), the Federal board is also charged with the responsibility for making studies, investigations, and reports. SECTION 5.-PROCEDURE GOVERNING RECEIPT AND DISBURSEMENT OF FEDERAL FUNDS 1. The Secretary of the Treasury upon certification by the Federal board shall pay quarterly allotments to which a State is entitled. 2. Money received by the State treasurer shall be paid out on requisition of the State board as reimbursement for services already rendered or for expenditures already incurred and approved by the State board. 3. The Federal board shall make an annual report to Congress on or before December 1 on administration of the act that shall include the statistical and financial reports of the State boards. |