
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC723]

 
                             TITLE 29--LABOR
 
 CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
 
            SUBCHAPTER I--VOCATIONAL REHABILITATION SERVICES
 
                       Part A--General Provisions
 
Sec. 723. Vocational rehabilitation services


(a) Vocational rehabilitation services for individuals

    Vocational rehabilitation services provided under this subchapter 
are any services described in an individualized plan for employment 
necessary to assist an individual with a disability in preparing for, 
securing, retaining, or regaining an employment outcome that is 
consistent with the strengths, resources, priorities, concerns, 
abilities, capabilities, interests, and informed choice of the 
individual, including--
        (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 and guidance, including information and support 
    services to assist an individual in exercising informed choice 
    consistent with the provisions of section 722(d) of this title;
        (3) referral and other services to secure needed services from 
    other agencies through agreements developed under section 721(a)(11) 
    of this title, if such services are not available under this 
    subchapter;
        (4) job-related services, including job search and placement 
    assistance, job retention services, followup services, and follow-
    along services;
        (5) vocational and other training services, including the 
    provision of personal and vocational adjustment services, books, 
    tools, and other training materials, except that no training 
    services provided at an institution of higher education shall be 
    paid for with funds under this subchapter unless maximum efforts 
    have been made by the designated State unit and the individual to 
    secure grant assistance, in whole or in part, from other sources to 
    pay for such training;
        (6) to the extent that financial support is not readily 
    available from a source (such as through health insurance of the 
    individual or through comparable services and benefits consistent 
    with section 721(a)(8)(A) of this title), other than the designated 
    State unit, diagnosis and treatment of physical and mental 
    impairments, including--
            (A) corrective surgery or therapeutic treatment necessary to 
        correct or substantially modify a physical or mental condition 
        that constitutes a substantial impediment to employment, but is 
        of such a 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 who meet State licensure laws and who 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 who meet State licensure laws;

        (7) maintenance for additional costs incurred while 
    participating in an assessment for determining eligibility and 
    vocational rehabilitation needs or while receiving services under an 
    individualized plan for employment;
        (8) transportation, including adequate training in the use of 
    public transportation vehicles and systems, that is provided in 
    connection with the provision of any other service described in this 
    section and needed by the individual to achieve an employment 
    outcome;
        (9) on-the-job or other related personal assistance services 
    provided while an individual is receiving other services described 
    in this section;
        (10) interpreter services provided by qualified personnel for 
    individuals who are deaf or hard of hearing, and reader services for 
    individuals who are determined to be blind, after an examination by 
    qualified personnel who meet State licensure laws;
        (11) rehabilitation teaching services, and orientation and 
    mobility services, for individuals who are blind;
        (12) occupational licenses, tools, equipment, and initial stocks 
    and supplies;
        (13) technical assistance and other consultation services to 
    conduct market analyses, develop business plans, and otherwise 
    provide resources, to the extent such resources are authorized to be 
    provided through the statewide workforce investment system, to 
    eligible individuals who are pursuing self-employment or 
    telecommuting or establishing a small business operation as an 
    employment outcome;
        (14) rehabilitation technology, including telecommunications, 
    sensory, and other technological aids and devices;
        (15) transition services for students with disabilities, that 
    facilitate the achievement of the employment outcome identified in 
    the individualized plan for employment;
        (16) supported employment services;
        (17) services to the family of an individual with a disability 
    necessary to assist the individual to achieve an employment outcome; 
    and
        (18) specific post-employment services necessary to assist an 
    individual with a disability to, retain, regain, or advance in 
    employment.

(b) Vocational rehabilitation services for groups of individuals

    Vocational rehabilitation services provided for the benefit of 
groups of individuals with disabilities may also include the following:
        (1) In the case of any type of small business operated by 
    individuals with significant disabilities the operation of which can 
    be improved by management services and supervision provided by the 
    designated State agency, the provision of such services and 
    supervision, along or together with the acquisition by the 
    designated State agency of vending facilities or other equipment and 
    initial stocks and supplies.
        (2)(A) The establishment, development, or improvement of 
    community rehabilitation programs, including, under special 
    circumstances, the construction of a facility. Such programs shall 
    be used to provide services that promote integration and competitive 
    employment.
        (B) The provision of other services, that promise to contribute 
    substantially to the rehabilitation of a group of individuals but 
    that are not related directly to the individualized plan for 
    employment of any 1 individual with a disability.
        (3) The use of telecommunications systems (including telephone, 
    television, satellite, radio, and other similar systems) that have 
    the potential for substantially improving delivery methods of 
    activities described in this section and developing appropriate 
    programming to meet the particular needs of individuals with 
    disabilities.
        (4)(A) Special services to provide nonvisual access to 
    information for individuals who are blind, including the use of 
    telecommunications, Braille, sound recordings, or other appropriate 
    media.
        (B) Captioned television, films, or video cassettes for 
    individuals who are deaf or hard of hearing.
        (C) Tactile materials for individuals who are deaf-blind.
        (D) Other special services that provide information through 
    tactile, vibratory, auditory, and visual media.
        (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.
        (6) Consultative and technical assistance services to assist 
    educational agencies in planning for the transition of students with 
    disabilities from school to post-school activities, including 
    employment.

(Pub. L. 93-112, title I, Sec. 103, as added Pub. L. 105-220, title IV, 
Sec. 404, Aug. 7, 1998, 112 Stat. 1148.)

                       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 (Sec. 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

    A prior section 723, Pub. L. 93-112, title I, Sec. 103, Sept. 26, 
1973, 87 Stat. 368; Pub. L. 95-602, title I, Sec. 104, Nov. 6, 1978, 92 
Stat. 2960; Pub. L. 99-506, title I, Sec. 103(d)(2), title II, Sec. 204, 
Oct. 21, 1986, 100 Stat. 1810, 1817; Pub. L. 100-630, title II, 
Sec. 202(d), Nov. 7, 1988, 102 Stat. 3305; Pub. L. 102-569, title I, 
Secs. 102(p)(9), 124, Oct. 29, 1992, 106 Stat. 4357, 4379; Pub. L. 103-
73, title I, Sec. 107(c), Aug. 11, 1993, 107 Stat. 721, related to scope 
of vocational rehabilitation services, prior to the general amendment of 
this subchapter by Pub. L. 105-220.

                  Section Referred to in Other Sections

    This section is referred to in sections 705, 721, 773 of this title.
