Rehabilitation Act of 1973

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TITLE 29—LABOR

to be included in the appropriation Act for the
fiscal year preceding the fiscal year for which
they are available for obligation.
(b) In order to effect a transition to the advance funding method of timing appropriation
action, the authority provided by subsection (a)
of this section shall apply notwithstanding that
its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate
appropriations, one for the then current fiscal
year and one for the succeeding fiscal year.
(Pub. L. 93–112, § 4, as added Pub. L. 105–220, title
IV, § 403, Aug. 7, 1998, 112 Stat. 1097.)
PRIOR PROVISIONS
A prior section 703, Pub. L. 93–112, § 4, Sept. 26, 1973,
87 Stat. 358, related to advance funding, prior to repeal
by Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat.
1093.

§ 704. Joint funding
Pursuant to regulations prescribed by the
President, and to the extent consistent with the
other provisions of this chapter, where funds are
provided for a single project by more than one
Federal agency to an agency or organization assisted under this chapter, the Federal agency
principally involved may be designated to act
for all in administering the funds provided, and,
in such cases, a single non-Federal share requirement may be established according to the
proportion of funds advanced by each agency.
When the principal agency involved is the Rehabilitation Services Administration, it may
waive any grant or contract requirement (as defined by such regulations) under or pursuant to
any law other than this chapter, which requirement is inconsistent with the similar requirements of the administering agency under or pursuant to this chapter.
(Pub. L. 93–112, § 5, as added Pub. L. 105–220, title
IV, § 403, Aug. 7, 1998, 112 Stat. 1097.)
PRIOR PROVISIONS
A prior section 704, Pub. L. 93–112, § 5, Sept. 26, 1973,
87 Stat. 359, related to joint funding, prior to repeal by
Pub. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093.
DELEGATION OF FUNCTIONS
Authority of the President under this section delegated to Director of Office of Management and Budget
by section 1 of Ex. Ord. No. 11893, Dec. 31, 1975, 41 F.R.
1040, set out as a note under section 7103 of Title 31,
Money and Finance.

§ 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;

§ 705

(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

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TITLE 29—LABOR
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

Page 182

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, § 101(f)
[title VIII, § 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.

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(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, the meaning given it in
section 12102 of title 42.
(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

§ 705

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 nonFederal 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.

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TITLE 29—LABOR

(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;

Page 184

(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 has
a disability as defined in section 12102 of
title 42.
(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—

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TITLE 29—LABOR

(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

§ 705

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, intellectual disability, 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

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TITLE 29—LABOR

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

Page 186

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

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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

§ 705

(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, § 7, formerly § 6, as added Pub. L.
105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1097;
amended Pub. L. 105–244, title I, § 102(a)(9)(A),
Oct. 7, 1998, 112 Stat. 1619; renumbered § 7 and
amended Pub. L. 105–277, div. A, § 101(f) [title
VIII, § 402(a)(1), (b)(3), (c)(1)], Oct. 21, 1998, 112
Stat. 2681–337, 2681–412, 2681–413, 2681–415; Pub. L.

§ 706

TITLE 29—LABOR

105–394, title IV, § 402(a), Nov. 13, 1998, 112 Stat.
3661; Pub. L. 110–325, § 7, Sept. 25, 2008, 122 Stat.
3558; Pub. L. 111–256, § 2(d)(1), Oct. 5, 2010, 124
Stat. 2643.)
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 (§ 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 (§ 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, § 6, Sept. 26, 1973,
87 Stat. 359; Pub. L. 99–506, title X, § 1001(a)(2), Oct. 21,
1986, 100 Stat. 1841; Pub. L. 100–630, title II, § 201(b), Nov.
7, 1988, 102 Stat. 3303; Pub. L. 102–569, title I, § 128(b)(1),
Oct. 29, 1992, 106 Stat. 4388, related to consolidated rehabilitation plan, prior to repeal by Pub. L. 105–220, title
IV, § 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
2010—Par. (21)(A)(iii). Pub. L. 111–256 substituted ‘‘intellectual disability,’’ for ‘‘mental retardation,’’.
2008—Par. (9)(B). Pub. L. 110–325, § 7(1), substituted
‘‘the meaning given it in section 12102 of title 42’’ for ‘‘a
physical or mental impairment that substantially limits one or more major life activities’’.
Par. (20)(B). Pub. L. 110–325, § 7(2), substituted ‘‘any
person who has a disability as defined in section 12102
of title 42.’’ for ‘‘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.’’
1998—Pub. L. 105–277, § 101(f) [title VIII, § 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, § 101(f) [title VIII,
§ 402(c)(1)(A)], substituted ‘‘nature’’ for ‘‘objectives, nature,’’.
Par. (3). Pub. L. 105–394, § 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, § 101(f) [title VIII,
§ 402(a)(1)].
Par. (4). Pub. L. 105–394, § 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, § 101(f) [title VIII,
§ 402(a)(1)].
Par. (7). Pub. L. 105–277, § 101(f) [title VIII,
§ 402(c)(1)(B)], struck out heading and text of par. (7).

Page 188

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, § 101(f) [title VIII,
§ 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, § 101(f) [title VIII,
§ 402(c)(1)(D)], substituted ‘‘employment outcome’’ for
‘‘rehabilitation objectives’’.
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–325, § 8, Sept. 25, 2008, 122 Stat. 3559, provided that: ‘‘This Act [enacting sections 12103 and
12205a of Title 42, The Public Health and Welfare,
amending this section, former section 706 of this title,
and sections 12101, 12102, 12111 to 12114, 12201, and 12206
to 12213 of Title 42, and enacting provisions set out as
notes under section 12101 of Title 42] and the amendments made by this Act shall become effective on January 1, 2009.’’
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.
DEFINITIONS
For meaning of references to an intellectual disability and to individuals with intellectual disabilities in
provisions amended by section 2 of Pub. L. 111–256, see
section 2(k) of Pub. L. 111–256, set out as a note under
section 1400 of Title 20, Education.

§ 706. Allotment percentage
(a)(1) For purposes of section 730 of this title,
the allotment percentage for any State shall be
100 per centum less that percentage which bears
the same ratio to 50 per centum as the per capita income of such State bears to the per capita
income of the United States, except that—
(A) the allotment percentage shall in no case
be more than 75 per centum or less than 331⁄3
per centum; and
(B) the allotment percentage for the District
of Columbia, Puerto Rico, Guam, the Virgin
Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands shall
be 75 per centum.
(2) The allotment percentages shall be promulgated by the Secretary between October 1 and
December 31 of each even-numbered year, on the
basis of the average of the per capita incomes of
the States and of the United States for the three
most recent consecutive years for which satisfactory data are available from the Department
of Commerce. Such promulgation shall be conclusive for each of the 2 fiscal years in the period beginning on the October 1 next succeeding
such promulgation.
(3) The term ‘‘United States’’ means (but only
for purposes of this subsection) the 50 States and
the District of Columbia.
(b) The population of the several States and of
the United States shall be determined on the
basis of the most recent data available, to be
furnished by the Department of Commerce by