§ 705. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC705]
TITLE 29--LABOR
CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
GENERAL PROVISIONS
Sec. 705. Definitions
For the purposes of this chapter:
(1) Administrative costs
The term ``administrative costs'' means expenditures incurred in
the performance of administrative functions under the vocational
rehabilitation program carried out under subchapter I of this
chapter, including expenses related to program planning,
development, monitoring, and evaluation, including expenses for--
(A) quality assurance;
(B) budgeting, accounting, financial management, information
systems, and related data processing;
(C) providing information about the program to the public;
(D) technical assistance and support services to other State
agencies, private nonprofit organizations, and businesses and
industries, except for technical assistance and support services
described in section 723(b)(5) of this title;
(E) the State Rehabilitation Council and other advisory
committees;
(F) professional organization membership dues for designated
State unit employees;
(G) the removal of architectural barriers in State
vocational rehabilitation agency offices and State operated
rehabilitation facilities;
(H) operating and maintaining designated State unit
facilities, equipment, and grounds;
(I) supplies;
(J) administration of the comprehensive system of personnel
development described in section 721(a)(7) of this title,
including personnel administration, administration of
affirmative action plans, and training and staff development;
(K) administrative salaries, including clerical and other
support staff salaries, in support of these administrative
functions;
(L) travel costs related to carrying out the program, other
than travel costs related to the provision of services;
(M) costs incurred in conducting reviews of rehabilitation
counselor or coordinator determinations under section 722(c) of
this title; and
(N) legal expenses required in the administration of the
program.
(2) Assessment for determining eligibility and vocational
rehabilitation needs
The term ``assessment for determining eligibility and vocational
rehabilitation needs'' means, as appropriate in each case--
(A)(i) a review of existing data--
(I) to determine whether an individual is eligible for
vocational rehabilitation services; and
(II) to assign priority for an order of selection
described in section 721(a)(5)(A) of this title in the
States that use an order of selection pursuant to section
721(a)(5)(A) of this title; and
(ii) to the extent necessary, the provision of appropriate
assessment activities to obtain necessary additional data to
make such determination and assignment;
(B) to the extent additional data is necessary to make a
determination of the employment outcomes, and the nature and
scope of vocational rehabilitation services, to be included in
the individualized plan for employment of an eligible
individual, a comprehensive assessment to determine the unique
strengths, resources, priorities, concerns, abilities,
capabilities, interests, and informed choice, including the need
for supported employment, of the eligible individual, which
comprehensive assessment--
(i) is limited to information that is necessary to
identify the rehabilitation needs of the individual and to
develop the individualized plan for employment of the
eligible individual;
(ii) uses, as a primary source of such information, to
the maximum extent possible and appropriate and in
accordance with confidentiality requirements--
(I) existing information obtained for the purposes
of determining the eligibility of the individual and
assigning priority for an order of selection described
in section 721(a)(5)(A) of this title for the
individual; and
(II) such information as can be provided by the
individual and, where appropriate, by the family of the
individual;
(iii) may include, to the degree needed to make such a
determination, an assessment of the personality, interests,
interpersonal skills, intelligence and related functional
capacities, educational achievements, work experience,
vocational aptitudes, personal and social adjustments, and
employment opportunities of the individual, and the medical,
psychiatric, psychological, and other pertinent vocational,
educational, cultural, social, recreational, and
environmental factors, that affect the employment and
rehabilitation needs of the individual; and
(iv) may include, to the degree needed, an appraisal of
the patterns of work behavior of the individual and services
needed for the individual to acquire occupational skills,
and to develop work attitudes, work habits, work tolerance,
and social and behavior patterns necessary for successful
job performance, including the utilization of work in real
job situations to assess and develop the capacities of the
individual to perform adequately in a work environment;
(C) referral, for the provision of rehabilitation technology
services to the individual, to assess and develop the capacities
of the individual to perform in a work environment; and
(D) an exploration of the individual's abilities,
capabilities, and capacity to perform in work situations, which
shall be assessed periodically during trial work experiences,
including experiences in which the individual is provided
appropriate supports and training.
(3) Assistive technology device
The term ``assistive technology device'' has the meaning given
such term in section 3002 of this title, except that the reference
in such section to the term ``individuals with disabilities'' shall
be deemed to mean more than one individual with a disability as
defined in paragraph (20)(A).
(4) Assistive technology service
The term ``assistive technology service'' has the meaning given
such term in section 3002 of this title, except that the reference
in such section--
(A) to the term ``individual with a disability'' shall be
deemed to mean an individual with a disability, as defined in
paragraph (20)(A); and
(B) to the term ``individuals with disabilities'' shall be
deemed to mean more than one such individual.
(5) Community rehabilitation program
The term ``community rehabilitation program'' means a program
that provides directly or facilitates the provision of vocational
rehabilitation services to individuals with disabilities, and that
provides, singly or in combination, for an individual with a
disability to enable the individual to maximize opportunities for
employment, including career advancement--
(A) medical, psychiatric, psychological, social, and
vocational services that are provided under one management;
(B) testing, fitting, or training in the use of prosthetic
and orthotic devices;
(C) recreational therapy;
(D) physical and occupational therapy;
(E) speech, language, and hearing therapy;
(F) psychiatric, psychological, and social services,
including positive behavior management;
(G) assessment for determining eligibility and vocational
rehabilitation needs;
(H) rehabilitation technology;
(I) job development, placement, and retention services;
(J) evaluation or control of specific disabilities;
(K) orientation and mobility services for individuals who
are blind;
(L) extended employment;
(M) psychosocial rehabilitation services;
(N) supported employment services and extended services;
(O) services to family members when necessary to the
vocational rehabilitation of the individual;
(P) personal assistance services; or
(Q) services similar to the services described in one of
subparagraphs (A) through (P).
(6) Construction; cost of construction
(A) Construction
The term ``construction'' means--
(i) the construction of new buildings;
(ii) the acquisition, expansion, remodeling, alteration,
and renovation of existing buildings; and
(iii) initial equipment of buildings described in
clauses (i) and (ii).
(B) Cost of construction
The term ``cost of construction'' includes architects' fees
and the cost of acquisition of land in connection with
construction but does not include the cost of offsite
improvements.
(7) Repealed. Pub. L. 105-277, div. A, Sec. 101(f) [title
VIII, Sec. 402(c)(1)(B)], Oct. 21, 1998, 112 Stat.
2681-337, 2681-415
(8) Designated State agency; designated State unit
(A) Designated State agency
The term ``designated State agency'' means an agency
designated under section 721(a)(2)(A) of this title.
(B) Designated State unit
The term ``designated State unit'' means--
(i) any State agency unit required under section
721(a)(2)(B)(ii) of this title; or
(ii) in cases in which no such unit is so required, the
State agency described in section 721(a)(2)(B)(i) of this
title.
(9) Disability
The term ``disability'' means--
(A) except as otherwise provided in subparagraph (B), a
physical or mental impairment that constitutes or results in a
substantial impediment to employment; or
(B) for purposes of sections 701, 711, and 712 of this
title, and subchapters II, IV, V, and VII of this chapter, a
physical or mental impairment that substantially limits one or
more major life activities.
(10) Drug and illegal use of drugs
(A) Drug
The term ``drug'' means a controlled substance, as defined
in schedules I through V of section 202 of the Controlled
Substances Act (21 U.S.C. 812).
(B) Illegal use of drugs
The term ``illegal use of drugs'' means the use of drugs,
the possession or distribution of which is unlawful under the
Controlled Substances Act [21 U.S.C. 801 et seq.]. Such term
does not include the use of a drug taken under supervision by a
licensed health care professional, or other uses authorized by
the Controlled Substances Act or other provisions of Federal
law.
(11) Employment outcome
The term ``employment outcome'' means, with respect to an
individual--
(A) entering or retaining full-time or, if appropriate,
part-time competitive employment in the integrated labor market;
(B) satisfying the vocational outcome of supported
employment; or
(C) satisfying any other vocational outcome the Secretary
may determine to be appropriate (including satisfying the
vocational outcome of self-employment, telecommuting, or
business ownership),
in a manner consistent with this chapter.
(12) Establishment of a community rehabilitation program
The term ``establishment of a community rehabilitation program''
includes the acquisition, expansion, remodeling, or alteration of
existing buildings necessary to adapt them to community
rehabilitation program purposes or to increase their effectiveness
for such purposes (subject, however, to such limitations as the
Secretary may determine, in accordance with regulations the
Secretary shall prescribe, in order to prevent impairment of the
objectives of, or duplication of, other Federal laws providing
Federal assistance in the construction of facilities for community
rehabilitation programs), and may include such additional equipment
and staffing as the Commissioner considers appropriate.
(13) Extended services
The term ``extended services'' means ongoing support services
and other appropriate services, needed to support and maintain an
individual with a most significant disability in supported
employment, that--
(A) are provided singly or in combination and are organized
and made available in such a way as to assist an eligible
individual in maintaining supported employment;
(B) are based on a determination of the needs of an eligible
individual, as specified in an individualized plan for
employment; and
(C) are provided by a State agency, a nonprofit private
organization, employer, or any other appropriate resource, after
an individual has made the transition from support provided by
the designated State unit.
(14) Federal share
(A) In general
Subject to subparagraph (B), the term ``Federal share''
means 78.7 percent.
(B) Exception
The term ``Federal share'' means the share specifically set
forth in section 731(a)(3) of this title, except that with
respect to payments pursuant to part B of subchapter I of this
chapter to any State that are used to meet the costs of
construction of those rehabilitation facilities identified in
section 723(b)(2) of this title in such State, the Federal share
shall be the percentages determined in accordance with the
provisions of section 731(a)(3) of this title applicable with
respect to the State.
(C) Relationship to expenditures by a political subdivision
For the purpose of determining the non-Federal share with
respect to a State, expenditures by a political subdivision
thereof or by a local agency shall be regarded as expenditures
by such State, subject to such limitations and conditions as the
Secretary shall by regulation prescribe.
(15) Governor
The term ``Governor'' means a chief executive officer of a
State.
(16) Impartial hearing officer
(A) In general
The term ``impartial hearing officer'' means an individual--
(i) who is not an employee of a public agency (other
than an administrative law judge, hearing examiner, or
employee of an institution of higher education);
(ii) who is not a member of the State Rehabilitation
Council described in section 725 of this title;
(iii) who has not been involved previously in the
vocational rehabilitation of the applicant or eligible
individual;
(iv) who has knowledge of the delivery of vocational
rehabilitation services, the State plan under section 721 of
this title, and the Federal and State rules governing the
provision of such services and training with respect to the
performance of official duties; and
(v) who has no personal or financial interest that would
be in conflict with the objectivity of the individual.
(B) Construction
An individual shall not be considered to be an employee of a
public agency for purposes of subparagraph (A)(i) solely because
the individual is paid by the agency to serve as a hearing
officer.
(17) Independent living core services
The term ``independent living core services'' means--
(A) information and referral services;
(B) independent living skills training;
(C) peer counseling (including cross-disability peer
counseling); and
(D) individual and systems advocacy.
(18) Independent living services
The term ``independent living services'' includes--
(A) independent living core services; and
(B)(i) counseling services, including psychological,
psychotherapeutic, and related services;
(ii) services related to securing housing or shelter,
including services related to community group living, and
supportive of the purposes of this chapter and of the
subchapters of this chapter, and adaptive housing services
(including appropriate accommodations to and modifications of
any space used to serve, or occupied by, individuals with
disabilities);
(iii) rehabilitation technology;
(iv) mobility training;
(v) services and training for individuals with cognitive and
sensory disabilities, including life skills training, and
interpreter and reader services;
(vi) personal assistance services, including attendant care
and the training of personnel providing such services;
(vii) surveys, directories, and other activities to identify
appropriate housing, recreation opportunities, and accessible
transportation, and other support services;
(viii) consumer information programs on rehabilitation and
independent living services available under this chapter,
especially for minorities and other individuals with
disabilities who have traditionally been unserved or underserved
by programs under this chapter;
(ix) education and training necessary for living in a
community and participating in community activities;
(x) supported living;
(xi) transportation, including referral and assistance for
such transportation and training in the use of public
transportation vehicles and systems;
(xii) physical rehabilitation;
(xiii) therapeutic treatment;
(xiv) provision of needed prostheses and other appliances
and devices;
(xv) individual and group social and recreational services;
(xvi) training to develop skills specifically designed for
youths who are individuals with disabilities to promote self-
awareness and esteem, develop advocacy and self-empowerment
skills, and explore career options;
(xvii) services for children;
(xviii) services under other Federal, State, or local
programs designed to provide resources, training, counseling, or
other assistance, of substantial benefit in enhancing the
independence, productivity, and quality of life of individuals
with disabilities;
(xix) appropriate preventive services to decrease the need
of individuals assisted under this chapter for similar services
in the future;
(xx) community awareness programs to enhance the
understanding and integration into society of individuals with
disabilities; and
(xxi) such other services as may be necessary and not
inconsistent with the provisions of this chapter.
(19) Indian; American Indian; Indian American; Indian tribe
(A) In general
The terms ``Indian'', ``American Indian'', and ``Indian
American'' mean an individual who is a member of an Indian
tribe.
(B) Indian tribe
The term ``Indian tribe'' means any Federal or State Indian
tribe, band, rancheria, pueblo, colony, or community, including
any Alaskan native village or regional village corporation (as
defined in or established pursuant to the Alaska Native Claims
Settlement Act [43 U.S.C. 1601 et seq.]).
(20) Individual with a disability
(A) In general
Except as otherwise provided in subparagraph (B), the term
``individual with a disability'' means any individual who--
(i) has a physical or mental impairment which for such
individual constitutes or results in a substantial
impediment to employment; and
(ii) can benefit in terms of an employment outcome from
vocational rehabilitation services provided pursuant to
subchapter I, III, or VI of this chapter.
(B) Certain programs; limitations on major life activities
Subject to subparagraphs (C), (D), (E), and (F), the term
``individual with a disability'' means, for purposes of sections
701, 711, and 712 of this title, and subchapters II, IV, V, and
VII of this chapter, any person who--
(i) has a physical or mental impairment which
substantially limits one or more of such person's major life
activities;
(ii) has a record of such an impairment; or
(iii) is regarded as having such an impairment.
(C) Rights and advocacy provisions
(i) In general; exclusion of individuals engaging in
drug use
For purposes of subchapter V of this chapter, the term
``individual with a disability'' does not include an
individual who is currently engaging in the illegal use of
drugs, when a covered entity acts on the basis of such use.
(ii) Exception for individuals no longer engaging in
drug use
Nothing in clause (i) shall be construed to exclude as
an individual with a disability an individual who--
(I) has successfully completed a supervised drug
rehabilitation program and is no longer engaging in the
illegal use of drugs, or has otherwise been
rehabilitated successfully and is no longer engaging in
such use;
(II) is participating in a supervised rehabilitation
program and is no longer engaging in such use; or
(III) is erroneously regarded as engaging in such
use, but is not engaging in such use;
except that it shall not be a violation of this chapter for a
covered entity to adopt or administer reasonable policies or
procedures, including but not limited to drug testing,
designed to ensure that an individual described in subclause
(I) or (II) is no longer engaging in the illegal use of
drugs.
(iii) Exclusion for certain services
Notwithstanding clause (i), for purposes of programs and
activities providing health services and services provided
under subchapters I, II, and III of this chapter, an
individual shall not be excluded from the benefits of such
programs or activities on the basis of his or her current
illegal use of drugs if he or she is otherwise entitled to
such services.
(iv) Disciplinary action
For purposes of programs and activities providing
educational services, local educational agencies may take
disciplinary action pertaining to the use or possession of
illegal drugs or alcohol against any student who is an
individual with a disability and who currently is engaging
in the illegal use of drugs or in the use of alcohol to the
same extent that such disciplinary action is taken against
students who are not individuals with disabilities.
Furthermore, the due process procedures at section 104.36 of
title 34, Code of Federal Regulations (or any corresponding
similar regulation or ruling) shall not apply to such
disciplinary actions.
(v) Employment; exclusion of alcoholics
For purposes of sections 793 and 794 of this title as
such sections relate to employment, the term ``individual
with a disability'' does not include any individual who is
an alcoholic whose current use of alcohol prevents such
individual from performing the duties of the job in question
or whose employment, by reason of such current alcohol
abuse, would constitute a direct threat to property or the
safety of others.
(D) Employment; exclusion of individuals with certain diseases
or infections
For the purposes of sections 793 and 794 of this title, as
such sections relate to employment, such term does not include
an individual who has a currently contagious disease or
infection and who, by reason of such disease or infection, would
constitute a direct threat to the health or safety of other
individuals or who, by reason of the currently contagious
disease or infection, is unable to perform the duties of the
job.
(E) Rights provisions; exclusion of individuals on basis of
homosexuality or bisexuality
For the purposes of sections 791, 793, and 794 of this
title--
(i) for purposes of the application of subparagraph (B)
to such sections, the term ``impairment'' does not include
homosexuality or bisexuality; and
(ii) therefore the term ``individual with a disability''
does not include an individual on the basis of homosexuality
or bisexuality.
(F) Rights provisions; exclusion of individuals on basis of
certain disorders
For the purposes of sections 791, 793, and 794 of this
title, the term ``individual with a disability'' does not
include an individual on the basis of--
(i) transvestism, transsexualism, pedophilia,
exhibitionism, voyeurism, gender identity disorders not
resulting from physical impairments, or other sexual
behavior disorders;
(ii) compulsive gambling, kleptomania, or pyromania; or
(iii) psychoactive substance use disorders resulting
from current illegal use of drugs.
(G) Individuals with disabilities
The term ``individuals with disabilities'' means more than
one individual with a disability.
(21) Individual with a significant disability
(A) In general
Except as provided in subparagraph (B) or (C), the term
``individual with a significant disability'' means an individual
with a disability--
(i) who has a severe physical or mental impairment which
seriously limits one or more functional capacities (such as
mobility, communication, self-care, self-direction,
interpersonal skills, work tolerance, or work skills) in
terms of an employment outcome;
(ii) whose vocational rehabilitation can be expected to
require multiple vocational rehabilitation services over an
extended period of time; and
(iii) who has one or more physical or mental
disabilities resulting from amputation, arthritis, autism,
blindness, burn injury, cancer, cerebral palsy, cystic
fibrosis, deafness, head injury, heart disease, hemiplegia,
hemophilia, respiratory or pulmonary dysfunction, mental
retardation, mental illness, multiple sclerosis, muscular
dystrophy, musculo-skeletal disorders, neurological
disorders (including stroke and epilepsy), paraplegia,
quadriplegia, and other spinal cord conditions, sickle cell
anemia, specific learning disability, end-stage renal
disease, or another disability or combination of
disabilities determined on the basis of an assessment for
determining eligibility and vocational rehabilitation needs
described in subparagraphs (A) and (B) of paragraph (2) to
cause comparable substantial functional limitation.
(B) Independent living services and centers for independent
living
For purposes of subchapter VII of this chapter, the term
``individual with a significant disability'' means an individual
with a severe physical or mental impairment whose ability to
function independently in the family or community or whose
ability to obtain, maintain, or advance in employment is
substantially limited and for whom the delivery of independent
living services will improve the ability to function, continue
functioning, or move toward functioning independently in the
family or community or to continue in employment, respectively.
(C) Research and training
For purposes of subchapter II of this chapter, the term
``individual with a significant disability'' includes an
individual described in subparagraph (A) or (B).
(D) Individuals with significant disabilities
The term ``individuals with significant disabilities'' means
more than one individual with a significant disability.
(E) Individual with a most significant disability
(i) In general
The term ``individual with a most significant
disability'', used with respect to an individual in a State,
means an individual with a significant disability who meets
criteria established by the State under section 721(a)(5)(C)
of this title.
(ii) Individuals with the most significant
disabilities
The term ``individuals with the most significant
disabilities'' means more than one individual with a most
significant disability.
(22) Individual's representative; applicant's representative
The terms ``individual's representative'' and ``applicant's
representative'' mean a parent, a family member, a guardian, an
advocate, or an authorized representative of an individual or
applicant, respectively.
(23) Institution of higher education
The term ``institution of higher education'' has the meaning
given the term in section 1001 of title 20.
(24) Local agency
The term ``local agency'' means an agency of a unit of general
local government or of an Indian tribe (or combination of such units
or tribes) which has an agreement with the designated State agency
to conduct a vocational rehabilitation program under the supervision
of such State agency in accordance with the State plan approved
under section 721 of this title. Nothing in the preceding sentence
of this paragraph or in section 721 of this title shall be construed
to prevent the local agency from arranging to utilize another local
public or nonprofit agency to provide vocational rehabilitation
services if such an arrangement is made part of the agreement
specified in this paragraph.
(25) Local workforce investment board
The term ``local workforce investment board'' means a local
workforce investment board established under section 117 of the
Workforce Investment Act of 1998 [29 U.S.C. 2832].
(26) Nonprofit
The term ``nonprofit'', when used with respect to a community
rehabilitation program, means a community rehabilitation program
carried out by a corporation or association, no part of the net
earnings of which inures, or may lawfully inure, to the benefit of
any private shareholder or individual and the income of which is
exempt from taxation under section 501(c)(3) of title 26.
(27) Ongoing support services
The term ``ongoing support services'' means services--
(A) provided to individuals with the most significant
disabilities;
(B) provided, at a minimum, twice monthly--
(i) to make an assessment, regarding the employment
situation, at the worksite of each such individual in
supported employment, or, under special circumstances,
especially at the request of the client, off site; and
(ii) based on the assessment, to provide for the
coordination or provision of specific intensive services, at
or away from the worksite, that are needed to maintain
employment stability; and
(C) consisting of--
(i) a particularized assessment supplementary to the
comprehensive assessment described in paragraph (2)(B);
(ii) the provision of skilled job trainers who accompany
the individual for intensive job skill training at the
worksite;
(iii) job development, job retention, and placement
services;
(iv) social skills training;
(v) regular observation or supervision of the
individual;
(vi) followup services such as regular contact with the
employers, the individuals, the individuals'
representatives, and other appropriate individuals, in order
to reinforce and stabilize the job placement;
(vii) facilitation of natural supports at the worksite;
(viii) any other service identified in section 723 of
this title; or
(ix) a service similar to another service described in
this subparagraph.
(28) Personal assistance services
The term ``personal assistance services'' means a range of
services, provided by one or more persons, designed to assist an
individual with a disability to perform daily living activities on
or off the job that the individual would typically perform if the
individual did not have a disability. Such services shall be
designed to increase the individual's control in life and ability to
perform everyday activities on or off the job.
(29) Public or nonprofit
The term ``public or nonprofit'', used with respect to an agency
or organization, includes an Indian tribe.
(30) Rehabilitation technology
The term ``rehabilitation technology'' means the systematic
application of technologies, engineering methodologies, or
scientific principles to meet the needs of and address the barriers
confronted by individuals with disabilities in areas which include
education, rehabilitation, employment, transportation, independent
living, and recreation. The term includes rehabilitation
engineering, assistive technology devices, and assistive technology
services.
(31) Secretary
The term ``Secretary'', except when the context otherwise
requires, means the Secretary of Education.
(32) State
The term ``State'' includes, in addition to each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands.
(33) State workforce investment board
The term ``State workforce investment board'' means a State
workforce investment board established under section 111 of the
Workforce Investment Act of 1998 [29 U.S.C. 2821].
(34) Statewide workforce investment system
The term ``statewide workforce investment system'' means a
system described in section 111(d)(2) of the Workforce Investment
Act of 1998 [29 U.S.C. 2821(d)(2)].
(35) Supported employment
(A) In general
The term ``supported employment'' means competitive work in
integrated work settings, or employment in integrated work
settings in which individuals are working toward competitive
work, consistent with the strengths, resources, priorities,
concerns, abilities, capabilities, interests, and informed
choice of the individuals, for individuals with the most
significant disabilities--
(i)(I) for whom competitive employment has not
traditionally occurred; or
(II) for whom competitive employment has been
interrupted or intermittent as a result of a significant
disability; and
(ii) who, because of the nature and severity of their
disability, need intensive supported employment services for
the period, and any extension, described in paragraph
(36)(C) and extended services after the transition described
in paragraph (13)(C) in order to perform such work.
(B) Certain transitional employment
Such term includes transitional employment for persons who
are individuals with the most significant disabilities due to
mental illness.
(36) Supported employment services
The term ``supported employment services'' means ongoing support
services and other appropriate services needed to support and
maintain an individual with a most significant disability in
supported employment, that--
(A) are provided singly or in combination and are organized
and made available in such a way as to assist an eligible
individual to achieve competitive employment;
(B) are based on a determination of the needs of an eligible
individual, as specified in an individualized plan for
employment; and
(C) are provided by the designated State unit for a period
of time not to extend beyond 18 months, unless under special
circumstances the eligible individual and the rehabilitation
counselor or coordinator involved jointly agree to extend the
time in order to achieve the employment outcome identified in
the individualized plan for employment.
(37) Transition services
The term ``transition services'' means a coordinated set of
activities for a student, designed within an outcome-oriented
process, that promotes movement from school to post school
activities, including postsecondary education, vocational training,
integrated employment (including supported employment), continuing
and adult education, adult services, independent living, or
community participation. The coordinated set of activities shall be
based upon the individual student's needs, taking into account the
student's preferences and interests, and shall include instruction,
community experiences, the development of employment and other post
school adult living objectives, and, when appropriate, acquisition
of daily living skills and functional vocational evaluation.
(38) Vocational rehabilitation services
The term ``vocational rehabilitation services'' means those
services identified in section 723 of this title which are provided
to individuals with disabilities under this chapter.
(39) Workforce investment activities
The term ``workforce investment activities'' means workforce
investment activities, as defined in section 101 of the Workforce
Investment Act of 1998 [29 U.S.C. 2801], that are carried out under
that Act.
(Pub. L. 93-112, Sec. 7, formerly Sec. 6, as added Pub. L. 105-220,
title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1097; amended Pub. L. 105-
244, title I, Sec. 102(a)(9)(A), Oct. 7, 1998, 112 Stat. 1619;
renumbered Sec. 7 and amended Pub. L. 105-277, div. A, Sec. 101(f)
[title VIII, Sec. 402(a)(1), (b)(3), (c)(1)], Oct. 21, 1998, 112 Stat.
2681-337, 2681-412, 2681-413, 2681-415; Pub. L. 105-394, title IV,
Sec. 402(a), Nov. 13, 1998, 112 Stat. 3661.)
References in Text
The Controlled Substances Act, referred to in par. (10)(B), is title
II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is
classified principally to subchapter I (Sec. 801 et seq.) of chapter 13
of Title 21, Food and Drugs. For complete classification of this Act to
the Code, see Short Title note set out under section 801 of Title 21 and
Tables.
The Alaska Native Claims Settlement Act, referred to in par.
(19)(B), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,
which is classified generally to chapter 33 (Sec. 1601 et seq.) of Title
43, Public Lands. For complete classification of this Act to the Code,
see Short Title note set out under section 1601 of Title 43 and Tables.
The Workforce Investment Act of 1998, referred to in par. (39), is
Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. For complete
classification of this Act to the Code, see Short Title note set out
under section 9201 of Title 20, Education, and Tables.
Prior Provisions
Provisions similar to this section were contained in section 706 of
this title prior to repeal by Pub. L. 105-220.
A prior section 705, Pub. L. 93-112, Sec. 6, Sept. 26, 1973, 87
Stat. 359; Pub. L. 99-506, title X, Sec. 1001(a)(2), Oct. 21, 1986, 100
Stat. 1841; Pub. L. 100-630, title II, Sec. 201(b), Nov. 7, 1988, 102
Stat. 3303; Pub. L. 102-569, title I, Sec. 128(b)(1), Oct. 29, 1992, 106
Stat. 4388, related to consolidated rehabilitation plan, prior to repeal
by Pub. L. 105-220, title IV, Sec. 403, Aug. 7, 1998, 112 Stat. 1093.
A prior section 7 of Pub. L. 93-112 was renumbered section 8 and is
classified to section 706 of this title.
Another prior section 7 of Pub. L. 93-112 was classified to section
706 of this title prior to repeal by Pub. L. 105-220.
Amendments
1998--Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 402(b)(3)],
made technical amendment to section designation and catchline in the
original and inserted par. (1) heading.
Par. (2)(B). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 402(c)(1)(A)], substituted ``nature'' for ``objectives, nature,''.
Par. (3). Pub. L. 105-394, Sec. 402(a)(1), which directed the
amendment of section 6 of the Rehabilitation Act of 1973 by substituting
``3002'' for ``2202(2)'', was executed to this section, which is section
7 of that act, to reflect the probable intent of Congress and the
renumbering of section 6 as 7 by Pub. L. 105-277, Sec. 101(f) [title
VIII, Sec. 402(a)(1)].
Par. (4). Pub. L. 105-394, Sec. 402(a)(2), which directed the
amendment of section 6 of the Rehabilitation Act of 1973 by substituting
``3002'' for ``2202(3)'', was executed to this section, which is section
7 of that act, to reflect the probable intent of Congress and the
renumbering of section 6 as 7 by Pub. L. 105-277, Sec. 101(f) [title
VIII, Sec. 402(a)(1)].
Par. (7). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 402(c)(1)(B)], struck out heading and text of par. (7). Text read
as follows: ``The term `criminal act' means any crime, including an act,
omission, or possession under the laws of the United States or a State
or unit of general local government, which poses a substantial threat of
personal injury, notwithstanding that by reason of age, insanity, or
intoxication or otherwise the person engaging in the act, omission, or
possession was legally incapable of committing a crime.''
Par. (16)(A)(iii). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 402(c)(1)(C)], substituted ``eligible individual'' for ``client''.
Par. (23). Pub. L. 105-244 substituted ``section 1001 of title 20''
for ``section 1141(a) of title 20''.
Par. (36)(C). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 402(c)(1)(D)], substituted ``employment outcome'' for
``rehabilitation objectives''.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244,
set out as a note under section 1001 of Title 20, Education.
Section Referred to in Other Sections
This section is referred to in sections 722, 725, 773, 794, 795j,
796b, 796d, 3011 of this title; title 42 sections 5061, 12511.
