
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: 5USC8104]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 8104. Vocational rehabilitation

    (a) The Secretary of Labor may direct a permanently disabled 
individual whose disability is compensable under this subchapter to 
undergo vocational rehabilitation. The Secretary shall provide for 
furnishing the vocational rehabilitation services. In providing for 
these services, the Secretary, insofar as practicable, shall use the 
services or facilities of State agencies and corresponding agencies 
which cooperate with the Secretary of Health, Education, and Welfare in 
carrying out the purposes of chapter 4 of title 29, except to the extent 
that the Secretary of Labor provides for furnishing these services under 
section 8103 of this title. The cost of providing these services to 
individuals undergoing vocational rehabilitation under this section 
shall be paid from the Employees' Compensation Fund. However, in 
reimbursing a State or corresponding agency under an arrangement 
pursuant to this section the cost to the agency reimbursable in full 
under section 32(b)(1) of title 29 is excluded.
    (b) Notwithstanding section 8106, individuals directed to undergo 
vocational rehabilitation by the Secretary shall, while undergoing such 
rehabilitation, receive compensation at the rate provided in sections 
8105 and 8110 of this title, less the amount of any earnings received 
from remunerative employment, other than employment undertaken pursuant 
to such rehabilitation.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 535; Pub. L. 93-416, Sec. 3, 
Sept. 7, 1974, 88 Stat. 1144.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 759(b).              Oct. 14, 1949, ch.
                                                    691, Sec.  202(a),
                                                    63 Stat. 862.
------------------------------------------------------------------------

    In the third sentence, the words ``the Secretary of Health, 
Education, and Welfare'' are substituted for ``him'', referring to the 
Administrator, on authority of section 1 (proviso) of 1950 Reorg. Plan 
No. 19, 64 Stat. 1271, and section 5 of 1953 Reorg. Plan No. 1, 67 Stat. 
632.
    The words ``State agencies or corresponding agencies'' are 
substituted for ``State agencies (or corresponding agencies in 
Territories or possessions)'' as the agencies available for cooperation 
are set out in the Vocational Rehabilitation Act (chapter 4 of title 
29).
    The words ``section 32(b)(1) of title 29'' are substituted for 
``section 33(a) (4) of title 29'' on authority of the Act of Aug. 3, 
1954, ch. 655, Sec. 2, 68 Stat. 652. Reference is limited to section 
32(b)(1) since section 32(b) (2), (3) is obsolete.
    Administration of this subchapter was transferred to the Secretary 
of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see 
section 8145).
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    Chapter 4 of title 29, referred to in subsec. (a), refers to the 
Vocational Rehabilitation Act, act June 2, 1920, ch. 219, 41 Stat. 735, 
as amended. Section 32(b)(1) of title 29, also referred to in subsec. 
(a) (enacted Sept. 6, 1966), did not reflect amendment of section 32(b) 
by Pub. L. 89-333 Sec. 2(a), Nov. 8, 1965, 79 Stat. 1282, which 
eliminated obsolete pars. (2) and (3) and redesignated par. (1) 
provisions as subsec. (b) and amended such subsection. Section 32(b) of 
title 29, refers to section 2(b) of act June 2, 1920, as amended. Such 
provisions were repealed by former section 500(a) of Pub. L. 93-112, 
title V, Sept. 26, 1973, 87 Stat. 390, and pursuant to former section 
500(a) of Pub. L. 93-112, which also provided that references to the 
Vocational Rehabilitation Act in other provisions of law were to be 
deemed a reference to the Rehabilitation Act of 1973, and were covered 
by sections 701 et seq. and 731(a), respectively, of Title 29, Labor.


                               Amendments

    1974--Pub. L. 93-416 designated existing provisions as subsec. (a) 
and added subsec. (b).


                    Effective Date of 1974 Amendment

    Amendment by Pub. L. 93-416 applicable to cases where injury or 
death occurred prior to Sept. 7, 1974, but only to a period beginning on 
or after Sept. 7, 1974, see section 28(a) of Pub. L. 93-416, set out as 
a note under section 8101 of this title.

                          Transfer of Functions

    For transfer of functions and offices (relating to Rehabilitation 
Act of 1973) of Secretary and Department of Health, Education, and 
Welfare to Secretary and Department of Education, see section 3441 of 
Title 20, Education.

                  Section Referred to in Other Sections

    This section is referred to in sections 8111, 8113, 8117 of this 
title.
