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CHAP. 219.-An Act To provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment.

June 2, 1920. [H. R. 4438.]

[Public, No. 236.]

Vocational rehabili

Appropriations for

Annual increases.

Basis of allotments.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to provide for tation of persons disthe promotion of vocational rehabilitation of persons disabled in in- abled in industry. dustry or in any legitimate occupation and their return to civil cooperating with employment there is hereby appropriated for the use of the States, States in maintenance subject to the provisions of this Act, for the purpose of cooperating with them in the maintenance of vocational rehabilitation of such disabled persons, and in returning vocationally rehabilitated persons to civil employment for the fiscal year ending June 30, 1921, the sum of $750,000; for the fiscal year ending June 30, 1922, and thereafter for a period of two years, the sum of $1,000,000 annually. Said sums shall be allotted to the States in the proportion which their population bears to the total population in the United States, not including Territories, outlying possessions, and the District of Columbia, according to the last preceding United States census: Provided, That the allotment of funds to any State shall not be less than a minimum of $5,000 for any fiscal year. And there is hereby appro- minimum allotments. priated the following sums, or so much thereof as may be needed, which shall be used for the purpose of providing the minimum allotment to the States provided for in this section, for the fiscal year ending June 30, 1921, the sum of $46,000; for the fiscal year ending June 30, 1922, and annually thereafter, the sum of $34,000.

Proviso.
Minimum.
Appropriations for

Conditions required.

by State.

Proviso.
Restriction in use by

All moneys expended under the provisions of this Act from appropriations provided by section 1 shall be upon the condition (1) that Equal expenditures 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: Provided, That no portion of the appropriation made by this Act shall be used by any institutions. institution for handicapped persons except for the special training of such individuals entitled to the benefits of this Act as shall be determined by the Federal board; (2) that the State board shall annually Submission of plans, submit to the Federal board for approval plans showing (a) the etc., by State board. kinds of vocational rehabilitation and schemes of placement for which it is proposed the appropriation shall be used; (b) the plan of administration and supervision; (c) courses of study; (d) methods of instruction; (e) qualification of teachers, supervisors, directors,

Annual report by

Purchase, etc.,

of

and other necessary administrative officers or employees; (f) plans state board of work for the training of teachers, supervisors, and directors; (3) that the done, etc. State board shall make an annual report to the Federal board on or before September 1 of each year on the work done in the State and on the receipts and expenditures of money under the provisions of this Act; (4) that no portion of any moneys appropriated by this buildings and land proAct for the benefit of the States shall be applied, directly or indi- hibited. rectly, to the purchase, preservation, erection, or repair of any building or buildings or equipment, or for the purchase or rental of any lands; (5) that all courses for vocational rehabilitation given under the supervision and control of the State board and all courses for employees. Vocational rehabilitation maintained shall be available, under such rules and regulations as the Federal board shall prescribe, to any civil employee of the United States disabled while in the performance of his duty.

Course to be available for Federal civil

Meaning of terms,

SEC. 2. That for the purpose of this Act the term "persons dis- "Persons disabled." abled" shall be construed to mean 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 incapacitated for remunerative occupation; the term "rehabilitation" shall be construed to mean the rendering of a person disabled fit to engage in a remunerative occupation.

"Rehabilitation."

State legislation required. Acceptance. Cooperation of State

board.

Vol. 39, p. 929.

compensation, etc.,

agencies.

SEC. 3. That in order to secure the benefits of the appropriations provided by section 1 any State shall, through the legislative authorboard with Federal ity thereof, (1) accept the provisions of this Act; (2) empower and direct the board designated or created as the State board for vocational education to cooperate in the administration of the provisions of the Vocational Education Act, approved February 23, 1917, to cooperate as herein provided with the Federal Board for Vocational Cooperation of State Education in the administration of the provisions of this Act; (3) in board with workmen's those States where a State workmen's compensation board, or other State board, department, or agency exists, charged with the administration of the State workmen's compensation or liability laws, the legislature shall provide that a plan of cooperation be formulated between such State board, department, or agency, and the State board charged with the administration of this Act, such plan to be effective when approved by the governor of the State; (4) provide for the supervision and support of the courses of vocational rehabilitation to be provided by the State board in carrying out the provisions of this treasurer to be custo- Act; (5) appoint as custodian for said appropriations its State treasurer, who shall receive and provide for the proper custody and disbursement of all money paid to the State from said appropriations. Temporary accept In any State the legislature of which does not meet in regular session between the date of the passage of this Act and December 31, 1920, if the governor of that State shall accept the provisions of this Act, such State shall be entitled to the benefits of this Act until the legislature of such State meets in due course and has been in session sixty days.

etc.,

Support, courses provided."

of

To authorize State

dian, etc., of fund.

ance by governor.

Federal Board for Vocational Education.

etc.

disabled persons.

Supervisory duties. etc., of State board.

use of money, etc.

Certify to Secretary tance, of States, etc.

of the Treasury, accep

SEC. 4. That the Federal Board for Vocational Education shall To prescribe rules, have power to cooperate with State boards in carrying out the purposes and provisions of this Act, and is hereby authorized to make and establish such rules and regulations as may be necessary or To cooperate, etc., appropriate to carry into effect the provisions of this Act; to provide rehabilitating, etc., for the vocational rehabilitation of disabled persons and their return to civil employment and to cooperate, for the purpose of carrying out the provisions of this Act, with such public and private agencies Approval of plans, as it may deem advisable. It shall be the duty of said board (1) to examine plans submitted by the State boards and approve the same if believed to be feasible and found to be in conformity with the proAscertain annually visions and purposes of this Act; (2) to ascertain annually whether the several States are using or are prepared to use the money received by them in accordance with the provisions of this Act; (3) to certify on or before the 1st day of January of each year to the Secretary of the Treasury each State which has accepted the provisions of this Act and complied therewith, together with the amount which each Deduct unexpended State is entitled to receive under the provisions of this Act; (4) to deduct from the next succeeding allotment to any State whenever any portion of the fund annually allotted has not been expended for the purpose provided for in this Act a sum equal to such unexpended portion; (5) to withhold the allotment of moneys to any State whenever it shall be determined that moneys allotted are not being exments of lost, etc., al- pended for the purposes and conditions of this Act; (6) to require the replacement by withholding subsequent allotments of any portion of the moneys received by the custodian of any State under this Act that by any action or contingency is diminished or lost: Provided, That if any allotment is withheld from any State, the State board of such State may appeal to the Congress of the United States, and if the Congress shall not, within one year from the time of said appeal, direct such sum to be paid, it shall be covered into the Treasury.

allotments.

Withhold allotments.

Require replacelotments.

[blocks in formation]

SEC. 5. That the Secretary of the Treasury, upon the certification of the Federal board as provided in this Act, shall pay quarterly to the custodian of each State appointed as herein provided the moneys

Use by State board.

Report of Federal

to which it is entitled under the provisions of this Act. The money so received by the custodian for any State shall be paid out on the requisition of the State board as reimbursement for services already rendered or expenditures already incurred and approved by said State board. The Federal Board for Vocational Education shall Board to include remake an annual report to the Congress on or before December 1 on ports of State boards. the administration of this Act and shall include in such report the reports made by the State boards on the administration of this Act by each State and the expenditure of the money allotted to each State.

Objects specified.

SEC. 6. That there is hereby appropriated to the Federal Board for ministrative expenses, Vocational Education the sum of $75,000 annually for a period of etc., by Federal Board. four years for the purpose of making studies, investigations, and reports regarding the vocational rehabilitation of disabled persons and their placements in suitable or gainful occupations, and for the administrative expenses of said board incident to performing the duties imposed by this Act, including salaries of such assistants, experts, clerks, and other employees, in the District of Columbia or elsewhere as the board may deem necessary, actual traveling and other necessary expenses incurred by the members of the board and by its employees, under its orders, including attendance at meetings of educational associations and other organizations, rent and equipment of offices in the District of Columbia and elsewhere, purchase of books of reference, law books, and periodicals, stationery, typewriters and exchange thereof, miscellaneous supplies, postage on foreign mail, printing and binding to be done at the Government etc." Printing Office, and all other necessary expenses.

Printing, binding,

Annual report of all

inade.

A full report of all expenses under this section, including names of expenses, list of emall employees and salaries paid them, traveling expenses and other ples, etc., to be expenses incurred by each and every employee and by members of the board, shall be submitted annually to Congress by the board.

Salary limitations.

Proviso. Restriction than $3,500.

if less

Acceptance of un

Special fund created

No salaries shall be paid out of the fund provided in this section in excess of the following amounts: At the rate of $5,000 per annum, to not more than one person; at the rate of $4,000 per annum each, to not more than four persons; at the rate of $3,500 per annum each, to not more than five persons; and no other employee shall receive compensation at a rate in excess of $2,500 per annum: Provided, That no person receiving compensation at less than $3,500 per annum shall receive in excess of the amount of compensation paid in the regular departments of the Government for like or similar services. SEC. 7. That the Federal Board for Vocational Education is hereby conditional gifts, etc., authorized and empowered to receive such gifts and donations from authorized. either public or private sources as may be offered unconditionally. All moneys received as gifts or donations shall be paid into the Treasury of the United States, and shall constitute a permanent therewith. fund, to be called the "Special fund for vocational rehabilitation of disabled persons," to be used under the direction of the said board to defray the expenses of providing and maintaining courses of vocational rehabilitation in special cases, including the payment of necessary expenses of persons undergoing training. A full report of etc., to be made anall gifts and donations offered and accepted, together with the names nually. of the donors and the respective amounts contributed by each, and all disbursements therefrom shall be submitted annually to Congress by said board: Provided, That no discrimination shall be made or Penalty for discrimpermitted for or against any person or persons who are entitled to inating for or against the benefits of this Act because of membership or nonmembership in trial, etc., organizaany industrial, fraternal, or private organization of any kind under a penalty of $200 for every violation thereof.

Approved, June 2, 1920.

Use by Board.

Full report of gifts,

Proviso,

membership in indus

tions.

June 2, 1920.

[H. J. Res. 370.]

CHAP. 220.-Joint Resolution To amend an Act entitled "An Act making appro[Pub. Res., No. 46.] priations for the Department of Agriculture for the fiscal year ending June 30, 1921, approved May 31, 1920.

ed.

Cotton contracts.

Resolved by the Senate and House of Representatives of the United Optional right of States of America in Congress assembled, That the provision of the Act grade deliveries repeal- entitled "An Act making appropriations for the Department of Ante, p.725, repealed. Agriculture for the fiscal year ending June 30, 1921," approved May 31, 1920, which reads as follows: "That hereafter each lot of cotton classified as tenderable in whole or in part on a section 5 contract of said Act as amended, shall give to the buyer the right to demand that one half of the contract shall be delivered in the official cotton standard grades of the United States from the grades of middling fair, strict good middling, good middling, strict middling, and middling, and that the seller shall have the option of delivering the other half of said contract from any of the official cotton standard grades as established in said Act," be, and the same is hereby, repealed. Approved, June 2, 1920.

June 2, 1920. [S. J. Res. 179.] (Pub. Res., No. 47.]

Olympic games, etc.

sentative teams to.

CHAP. 221.-Joint Resolution Authorizing use of Army transports by teams, individuals, and their equipment representing the United States in Olympic games and international competitions.

Resolved by the Senate and House of Representatives of the United Army transports States of America in Congress assembled, That authority be, and is available for repre- hereby, given to the Secretary of War, under such rules and regulations as he may prescribe, to use such Army transports as may be available for the transportation of teams, individuals, and their equipment representing the United States in Olympic games and other international competitions during the present year. Approved, June 2, 1920.

June 3, 1920. [H. R. 400.] [Public, No. 237.]

Sioux Indians.

Claims of, against United States submit

ted to Court of Claims.

Jurisdiction.

Statutes of limitations, etc., waived.

Procedure.

CHAP. 222.—An Act Authorizing the Sioux Tribe of Indians to submit claims to the Court of Claims.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all claims of whatsoever nature which the Sioux Tribe of Indians may have against the United States, which have not heretofore been determined by the Court of Claims, may be submitted to the Court of Claims with the right of appeal to the Supreme Court of the United States by either party, for determination of the amount, if any, due said tribe from the United States under any treaties, agreements, or laws of Congress, or for the misappropriation of any of the funds or lands of said tribe or band or bands thereof, or for the failure of the United States to pay said tribe any money or other property due; and jurisdiction is hereby conferred upon the Court of Claims, with the right of either party to appeal to the Supreme Court of the United States, to hear and determine all legal and equitable claims, if any, of said tribe against the United States, and to enter judgment thereon.

SEC. 2. That if any claim or claims be submitted to said courts they shall settle the rights therein, both legal and equitable, of each and all the parties thereto, notwithstanding lapse of time or statutes of limitation, and any payment which may have been made upon any claim so submitted shall not be pleaded as an estoppel, but may be pleaded as an offset in such suits or actions, and the United States shall be allowed credit for all sums heretofore paid or expended for the benefit of said tribe or any band thereof. The claim or claims of the tribe or band or bands thereof may be presented separately or

jointly by petition, subject, however, to amendment, suit to be filed within five years after the passage of this Act; and such action shall make the petitioner or petitioners party plaintiff or plaintiffs and the United States party defendant, and any band or bands of said tribe or any other tribe or band of Indians the court may deem necessary to a final determination of such suit or suits may be joined therein as the court may order. Such petition, which shall be verified by the Petition, etc. attorney or attorneys employed by said Sioux Tribe or any bands thereof, shall set forth all the facts on which the claims for recovery are based, and said petition shall be signed by the attorney or attorneys employed, and no other verification shall be necessary. Official letters, papers, documents, and public records, or certified copies thereof, may be used in evidence, and the departments of the Government shall give access to the attorney or attorneys of said tribe or bands thereof to such treaties, papers, correspondence, or records as may be needed by the attorney or attorneys for said tribe or bands of Indians.

Evidence admitted.

Attorneys' fees, re

Payment from sums

SEC. 3. That upon the final determination of such suit, cause, or stricted. action the Court of Claims shall decree such fees as it shall find reasonable to be paid the attorney or attorneys employed therein by said tribe or bands of Indians under contracts negotiated and approved as provided by existing law, and in no case shall the fee decreed by said Court of Claims be in excess of the amounts stipulated in the contracts approved by the Commissioner of Indian Affairs and the Secretary of the Interior, and no attorney shall have a right to represent the said tribes or any band thereof in any suit, cause, or action under the provisions of this Act until his contract shall have been recovered, etc. approved as herein provided. The fees decreed by the court to the attorney or attorneys of record shall be paid out of any sum or sums recovered in such suits or actions, and no part of such fees shall be taken from any money in the Treasury of the United States belonging to such tribe or bands of Indians in whose behalf the suit is brought unless specifically authorized in the contract approved by the Commissioner of Indian Affairs and the Secretary of the Interior as herein provided: Provided, That in no case shall the fees decreed by said court amount to more than 10 per centum of the amount of the judgment recovered in such cause. Approved, June 3, 1920.

Proviso.

Maximnm allowed.

CHAP. 223.-An Act Making appropriations for the Diplomatic and Consular Service for the fiscal year ending June 30, 1921.

June 4, 1920. [H. R. 11960.] [Public, No. 238.]

Diplomatic and con

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, sular appropriations. and they are hereby, severally appropriated, in full compensation for the Diplomatic and Consular Service for the fiscal year ending June 30, 1921, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, namely:

SALARIES OF AMBASSADORS AND MINISTERS.

Ambassadors extraordinary and plenipotentiary to Argentina, Belgium, Brazil, Chile, France, Germany, Great Britain, Italy, Japan, Mexico, Peru, and Spain, at $17,500 each, $210,000;

Salaries.

Ambassadors.

Envoys extraordi

Envoys extraordinary and ministers plenipotentiary to China, nary and ministers Cuba, Czecho-Slovakia, the Netherlands and Luxemburg, and Poland, plenipotentiary. at $12,000 each, $60,000;

Envoys extraordinary and ministers plenipotentiary to Bolivia, Bulgaria, Colombia, Costa Rica, Denmark, Dominican Republic,

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