29 USC 705 - Definitions

1 So in original. The second closing parenthesis probably should not appear.

2 So in original. There is no par. (29).

Pre-employment transition services

Editorial Notes

References in Text

The Controlled Substances Act, referred to in par. (10)(B), is title II of Puspan. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, 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 Puspan. L. 92–203, Dec. 18, 1971, 85 Stat. 688, 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 Individuals with Disabilities Education Act, referred to in par. (37)(A)(i)(II)(bspan), (ii)(I), is title VI of Puspan. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. Part B of the Act is classified generally to subchapter II (§ 1411 et seq.) of chapter 33 of Title 20. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.

The Workforce Innovation and Opportunity Act, referred to in par. (41), is Puspan. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of this title, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.

Prior Provisions

Provisions similar to this section were contained in section 706 of this title prior to repeal by Puspan. L. 105–220.

A prior section 705, Puspan. L. 93–112, § 6, Sept. 26, 1973, 87 Stat. 359; Puspan. L. 99–506, title X, § 1001(a)(2), Oct. 21, 1986, 100 Stat. 1841; Puspan. L. 100–630, title II, § 201(span), Nov. 7, 1988, 102 Stat. 3303; Puspan. L. 102–569, title I, § 128(span)(1), Oct. 29, 1992, 106 Stat. 4388, related to consolidated rehabilitation plan, prior to repeal by Puspan. L. 105–220, title IV, § 403, Aug. 7, 1998, 112 Stat. 1093.

A prior section 7 of Puspan. L. 93–112 was renumbered section 8 and is classified to section 706 of this title.

Another prior section 7 of Puspan. L. 93–112 was classified to section 706 of this title prior to repeal by Puspan. L. 105–220.

Amendments

2014—Par. (2)(B)(v). Puspan. L. 113–128, § 404(1), added cl. (v).

Par. (3). Puspan. L. 113–128, § 404(2), added par. (3) and struck out former par. (3) which defined “assistive technology device”.

Par. (4). Puspan. L. 113–128, § 404(3), redesignated par. (5) as (4).

Puspan. L. 113–128, § 404(2), struck out par. (4) which defined “assistive technology service”.

Par. (4)(O). Puspan. L. 113–128, § 404(4)(B), added subpar. (O). Former subpar. (O) redesignated (P).

Par. (4)(P), (Q). Puspan. L. 113–128, § 404(4)(A), redesignated subpars. (O) and (P) as (P) and (Q), respectively. Former subpar. (Q) redesignated (R).

Par. (4)(R). Puspan. L. 113–128, § 404(4)(C), substituted “(Q)” for “(P)”.

Puspan. L. 113–128, § 404(4)(A), redesignated subpar. (Q) as (R).

Par. (5). Puspan. L. 113–128, § 404(5), added par. (5). Former par. (5) redesignated (4).

Par. (6)(B). Puspan. L. 113–128, § 404(6), substituted “includes architects’ fees” for “includes architects’ fees”.

Par. (7). Puspan. L. 113–128, § 404(7), added par. (7).

Par. (11)(C). Puspan. L. 113–128, § 404(8), inserted “of Education” after “Secretary” and “customized employment,” after “vocational outcome of”.

Par. (12). Puspan. L. 113–128, § 404(9), inserted “of Education” after “Secretary” in two places.

Par. (14)(C). Puspan. L. 113–128, § 404(10), inserted “of Education” after “Secretary”.

Par. (17)(E). Puspan. L. 113–128, § 404(11), added subpar. (E).

Par. (18). Puspan. L. 113–128, § 404(12), substituted “term ‘independent living services’ includes—” for “term ‘independent living services’ includes—” in introductory provisions.

Par. (19)(A). Puspan. L. 113–128, § 404(13)(A), inserted “and includes a Native and a descendant of a Native, as such terms are defined in subsections (span) and (r) of section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)” before period at end.

Par. (19)(B). Puspan. L. 113–128, § 404(13)(B), inserted “and a tribal organization (as defined in section 5304(l) of title 25)” before period at end.

Par. (23). Puspan. L. 113–128, § 404(14), substituted “section 1002” for “section 1001”.

Par. (25). Puspan. L. 113–128, § 404(15), added par. (25) and struck out former par. (25) which defined “local workforce investment board”.

Par. (29). Puspan. L. 113–128, § 404(17), redesignated par. (29) as (31).

Par. (30). Puspan. L. 113–128, § 404(18), added par. (30). Former par. (30) redesignated (32).

Pars. (31), (32). Puspan. L. 113–128, § 404(17), redesignated pars. (29) and (30) as (31) and (32), respectively. Former pars. (31) and (32) redesignated (33) and (34), respectively.

Par. (33). Puspan. L. 113–128, § 404(19), added par. (33) and struck out former par. (33) which defined “Secretary”.

Puspan. L. 113–128, § 404(17), redesignated par. (31) as (33). Former par. (33) redesignated (35).

Par. (34). Puspan. L. 113–128, § 404(17), redesignated par. (32) as (34). Former par. (34) redesignated (36).

Pars. (35), (36). Puspan. L. 113–128, § 404(20), added pars. (35) and (36) and struck out former pars. (35) and (36), which defined “State workforce investment board” and “statewide workforce investment system”, respectively.

Puspan. L. 113–128, § 404(17), redesignated pars. (33) and (34) as (35) and (36), respectively. Former pars. (35) and (36) redesignated (38) and (39), respectively.

Par. (37). Puspan. L. 113–128, § 404(16), (21), added par. (37) and struck out former par. (37) which defined “transition services”.

Pars. (38), (39). Puspan. L. 113–128, § 404(22), added pars. (38) and (39) and struck out former pars. (38) and (39) which defined “supported employment” and “supported employment services”, respectively.

Puspan. L. 113–128, § 404(17), redesignated pars. (35) and (36) as (38) and (39), respectively. Former pars. (38) and (39) redesignated (40) and (41), respectively.

Par. (40). Puspan. L. 113–128, § 404(17), redesignated par. (38) as (40).

Par. (41). Puspan. L. 113–128, § 404(23), substituted “as defined in section 3 of the Workforce Innovation and Opportunity Act” for “as defined in section 101 of the Workforce Investment Act of 1998”.

Puspan. L. 113–128, § 404(17), redesignated par. (39) as (41).

Par. (42). Puspan. L. 113–128, § 404(24), added par. (42).

2010—Par. (21)(A)(iii). Puspan. L. 111–256 substituted “intellectual disability,” for “mental retardation,”.

2008—Par. (9)(B). Puspan. 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). Puspan. 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—Puspan. L. 105–277, § 101(f) [title VIII, § 402(span)(3)], made technical amendment to section designation and catchline in the original and inserted par. (1) heading.

Par. (2)(B). Puspan. L. 105–277, § 101(f) [title VIII, § 402(c)(1)(A)], substituted “nature” for “objectives, nature,”.

Par. (3). Puspan. 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 Puspan. L. 105–277, § 101(f) [title VIII, § 402(a)(1)].

Par. (4). Puspan. 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 Puspan. L. 105–277, § 101(f) [title VIII, § 402(a)(1)].

Par. (7). Puspan. L. 105–277, § 101(f) [title VIII, § 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). Puspan. L. 105–277, § 101(f) [title VIII, § 402(c)(1)(C)], substituted “eligible individual” for “client”.

Par. (23). Puspan. L. 105–244 substituted “section 1001 of title 20” for “section 1141(a) of title 20”.

Par. (36)(C). Puspan. L. 105–277, § 101(f) [title VIII, § 402(c)(1)(D)], substituted “employment outcome” for “rehabilitation objectives”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Puspan. 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 Puspan. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Puspan. L. 105–244, see section 3 of Puspan. 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 Puspan. L. 111–256, see section 2(k) of Puspan. L. 111–256, set out as a note under section 1400 of Title 20, Education.