Pub. L. 102-569, tit. I, subtit. A, sec. 102

DEFINITIONS.

EnactedYear: 1992Length: 5,247 wordsOfficial source
SEC. 102. DEFINITIONS. (a) Designated State Agency.—Section 7(3) (29 U.S.C. 706(3)) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (2) by striking “(3)” and inserting the following: “(3) (A) The term ‘designated State agency’ means an agency designated under section 101(a)(1)(A). (b) Establishment of a Community Rehabilitation Program.—Section 7(4) (29 U.S.C. 706(4)) is amended— (1) by striking “rehabilitation facility” each place the term appears and inserting “community rehabilitation program”; (2) by striking “means” and inserting “includes”; and (3) by striking “such facilities)” and inserting “facilities for community rehabilitation programs)”. (c) Employment Outcome.—Section 7(6) (29 U.S.C. 706(6)) is amended to read as follows: 106 STAT. 4348 “(6) The term ‘employment outcome’ means, with respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market (including satisfying the vocational outcome of supported employment) or satisfying any other vocational outcome the Secretary may determine, consistent with this Act.”. (d) Drug.—Section 7 (29 U.S.C. 706) is amended— (1) by striking paragraph (5); (2) by redesignating paragraphs (4) and (6) as paragraphs (5) and (5), respectively; (3) by inserting paragraph (6) (as so redesignated by para-graph (2) of this subsection) before paragraph (7); (4) by redesignating paragraph (22) as paragraph (4); and (5) by inserting paragraph (4) (as so redesignated by para-graph (4) of this subsection) after paragraph (3). (e) Federal Share.— Section 7(7) (29 U.S.C. 706(7)) is amended— (1) in subparagraph (A), by striking “80 percent” and inserting “78.7 percent”; (2) by striking subparagraph (B); (3) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and (4) in subparagraph (B) (as redesignated by paragraph (3) of this subsection), by striking “section 301(b)(3)” each place the term appears and inserting “section 111(a)(3)”. (f) Individual With Disabilities.—Section 7(8) (29 U.S.C. 706(8)) is amended— (1) in subparagraph (A)— (A) by striking “handicaps” and inserting “a disability”; (B) in clause (i)— (i) by striking “disability” and inserting “impairment”; and (ii) by striking “handicap” and inserting “impediment”; and (C) in clause (ii)— (i) by striking “reasonably be expected to”; (ii) by striking “employability” and inserting “an employment outcome”; and (iii) by striking “titles I and III” and inserting “titles I, II, III, VI, and VIII”; (2) in subparagraph (B)— (A) by striking “(C) and (D)” and inserting “(C), (D), (E), and (F)”; (B) by striking “handicaps” and inserting “a disability”; and (C) by striking “titles IV and V” and inserting “sections 2, 14, and 15, and titles IV and V”; (3) in subparagraph (C)— (A) in clause (i), by striking “handicaps” and inserting “a disability”; (B) in clause (ii), by striking “handicaps” and inserting “a disability”; (C) in clause (iv)— (i) by striking “handicapped student” and inserting “student who is an individual with a disability and”; and 106 STAT. 4349 (ii) by striking “nonhandicapped students” and inserting “students who are not individuals with disabilities”; and (D) in clause (v) by striking “handicaps” and inserting “a disability”; and (4) by adding at the end the following: “(E) For the purposes of sections 501, 503 and 504— “(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) For the purposes of sections 501, 503, and 504, 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) Nonprofit.—Section 7(10) (29 U.S.C. 706(10)) is amended by striking “with respect to a rehabilitation facility, means a rehabilitation facility owned and operated by” and inserting “with respect to a community rehabilitation program, means a community rehabilitation program carried out by”. (h) Personal Assistance Services.— Section 7 (29 U.S.C. 706) is amended— (1) by striking paragraph (13); (2) by redesignating paragraphs (11) and (12) as paragraphs (12) and (13), respectively; and (3) by inserting after paragraph (10) the following: “(11) 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.”. (i) Rehabilitation Technology.— Section 7(13) (29 U.S.C. 706(13)) (as so redesignated by subsection (h)(2)) is amended— (1) by striking “rehabilitation engineering” and inserting “rehabilitation technology”; and (2) by adding at the end the following: “The term includes rehabilitation engineering, assistive technology devices, and assistive technology services.”. (j) Individual With a Severe Disability.— Section 7(15) (29 U.S.C. 706(13)) is amended— (1) in subparagraph (A)— (A) by striking “subparagraph (B)” and inserting “subparagraph (B) or (C)”; (B) in clause (i)— (i) by striking “disability” and inserting “impairment”; and (ii) by striking “employability” and inserting “an employment outcome”; and 106 STAT. 4350 (C) in clause (iii), by striking “evaluation of rehabilitation potential” and inserting “assessment for determining eligibility and vocational rehabilitation needs described in subparagraphs (A) and (C) of paragraph (22); and (2) by striking subparagraph (B) and inserting the following: “(B) For purposes of title VII, the term ‘individual with a severe 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 towards functioning independently in the family or community or to continue in employment, respectively. “(C) For purposes of section 13 and title II, the term ‘individual with a severe disability’ includes an individual described in subparagraph (A) or (B).”. (k) State.— Section 7(16) (29 U.S.C. 706(16)) is amended to read as follows: “(16) 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, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau (until the Compact of Free Association with Palau takes effect).”. (l) Supported Employment.— Section 7(18) (29 U.S.C. 706(18)) is amended to read as follows: “(18) (A) The term ‘supported employment’ means competitive work in integrated work settings for individuals with the most severe 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 severe disability; and “(ii) who, because of the nature and severity of their disability, need intensive supported employment services or extended services in order to perform such work. “(B) Such term includes transitional employment for persons who are individuals with the most severe disabilities due to mental illness.”. (m) Public or Nonprofit.— Section 7(19) (29 U.S.C. 706(19)) is amended to read as follows: “(19) The term ‘public or nonprofit’, with respect to an agency or organization, includes an Indian tribe.”. (n) Additional Definitions.— Section 7 (29 U.S.C. 706) (as amended by subsection (d)(4)) is amended by adding at the end the following new paragraphs: “(22) 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 the priority described in section 101(a)(5)(A) in the States that use an order of selection pursuant to section 101(a)(5)(A); and 106 STAT. 4351 “(ii) to the extent additional data is necessary to make such determination and assignment, a preliminary assessment of such data (including the provision of goods and services during such assessment); “(B) to the extent additional data is necessary, a comprehensive assessment (including the administration of the assessment) of the unique strengths, resources, priorities, interests, and needs, including the need for supported employment, of an eligible individual to make a determination of the goals, objectives, nature, and scope of vocational rehabilitation services to be included in the individualized written rehabilitation program of the individual, which comprehensive assessment— “(i) is limited to information that is necessary to identify the rehabilitation needs of the individual and to develop the rehabilitation program of the 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; 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 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; and “(C) (i) referral; “(ii) where appropriate, the provision of rehabilitation technology services to an individual with a disability to assess and develop the capacities of the individual to perform in a work environment; and “(iii) (I) the provision of vocational rehabilitation services to an individual for a total period not in excess of 18 months for the limited purpose of making determinations regarding whether an individual is eligible for vocational rehabilitation services and regarding the nature and scope of vocational rehabilitation services needed for such individual; and “(II) an assessment at least once in every 90-day period during which such services are provided, of the results of the provision of such services to an individual to ascertain whether any of the determinations described in subclause (I) may be made. 106 STAT. 4352 “(23) The term ‘assistive technology device’ has the meaning given such term in section 3(1) of the Technology-Related Assistance for Individuals With Disabilities Act of 1988 (29 U.S.C. 2202(1)), 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 (8)(A). “(24) The term ‘assistive technology service’ has the meaning given such term in section 3(2) of the Technology-Related Assistance for Individuals With Disabilities Act of 1988 (29 U.S.C. 2202(2)), 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 (8)(A); and “(B) to the term ‘individuals with disabilities’ shall be deemed to mean more than one such individual. “(25) 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). “(26) 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 2, 14, and 15, and titles II, III, IV, V, and VIII, a physical or mental impairment that substantially limits one or more major life activities. “(27) The term ‘extended services’ means ongoing support services and other appropriate services, needed to support and maintain an individual with the most severe disability in supported employment, that— 106 STAT. 4353 “(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 integrated, competitive employment; “(B) are based on a determination of the needs of an eligible individual, as specified in an individualized written rehabilitation program; 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. “(28) (A) 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 Advisory Council described in section 105; “(iii) who has not been involved in previous decisions regarding the vocational rehabilitation of the applicant or client; “(iv) who has knowledge of the delivery of vocational rehabilitation services, the State plan under section 101, 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) 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. “(29) 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. “(30) The term ‘independent living services’ includes— “(A) independent living core services; and “(B) (i) counseling services, including psychological, psycho-therapeutic, 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 Act and of the titles of this Act, 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 Act, especially 106 STAT. 4354 for minorities and other individuals with disabilities who have traditionally been unserved or underserved by programs under this Act; “(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; “(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 Act 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 Act. “(31) (A) The term ‘individuals with disabilities’ means more than one individual with a disability. “(B) The term ‘individuals with severe disabilities’ means more than one individual with a severe disability. “(C) The term ‘individuals with the most severe disabilities’ means more than one individual with the most severe disability. “(32) The term ‘institution of higher education’ has the meaning given the term in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)). “(33) The term ‘ongoing support services’ means services— “(A) provided to individuals with the most severe 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 (22)(B); 106 STAT. 4355 “(ii) the provision of skilled job trainers who accompany the individual for intensive job skill training at the work site; “(iii) job development and placement; “(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 parents, family members, guardians, advocates, or authorized representatives of the individuals, and other suitable professional and informed advisors, in order to reinforce and stabilize the job placement; “(vii) facilitation of natural supports at the worksite; “(viii) any other service identified in section 103; or “(ix) a service similar to another service described in this subparagraph. “(34) The term ‘supported employment services’ means ongoing support services and other appropriate services needed to support and maintain an individual with the most severe disability in supported employment, that— “(A) are provided singly or in combination and are organized and made available in such a way to assist an eligible individual in entering or maintaining integrated, competitive employment; “(B) are based on a determination of the needs of an eligible individual, as specified in an individualized written rehabilitation program; 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 jointly agree to extend the time in order to achieve the rehabilitation objectives identified in the individualized written rehabilitation program. “(35) 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 post secondary 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.”. (o) Technical Amendment.—Section 101 (29 U.S.C. 721) is amended— (1) by striking “clause” each place the term appears and inserting “paragraph”; (2) by striking “subclause” each place the term appears and inserting “subparagraph”; and (3) by striking “clauses” and inserting “paragraphs”. (p) Conforming Amendments; Individuals With Disabilities. (1) The title of the Act (29 U.S.C. 701 et seq.) is amended— 106 STAT. 4356 (A) by striking “those with the most severe handicaps” and inserting “individuals with the most severe disabilities”; and (B) by striking “individuals with handicaps” each place such term appears and inserting “individuals with disabilities”. (2) The table of contents relating to the Act is amended— (A) by striking the item relating to section 501 and inserting the following: “Sec. 501. Employment of individuals with disabilities.”; (B) by striking the item relating to the title heading for title VI and inserting the following: “TITLE VI— EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES”; and (C) by striking the item relating to the part heading for part A of title VI and inserting the following: “Part A— Community Service Employment Programs for Individuals With Disabilities”. (3) Section 7 (29 U.S.C. 706) is amended— (A) in paragraph (13) (as so redesignated by subsection (h)(2)) by striking “handicaps” and inserting “disabilities”; (B) in paragraph (15)(A)— (i) by striking “severe handicaps” and inserting “a severe disability”; and (ii) by striking “handicaps (as defined in paragraph (8))” and inserting “a disability”; and (C) in paragraph (17) by striking “handicaps” and inserting “disabilities”. (4) The last sentence of section 13 (29 U.S.C. 712) is amended by striking “handicaps” and inserting “disabilities”. (5) Section 14(a) (29 U.S.C. 713(a)) is amended by striking “handicaps” and inserting “disabilities”. (6) Section 15 (29 U.S.C. 714) is amended— (A) in subsections (a) and (b) by striking “handicaps” each place such term appears and inserting “disabilities”; (B) in subsection (a)(2) by striking “handicapping conditions” and inserting “disabilities”; and (C) in subsection (c) by striking “the Handicapped” and inserting “Individuals with Disabilities”. (7) Section 101(a) (29 U.S.C. 721(a)) is amended— (A) in paragraph (1)— (i) by striking “handicaps” each place such term appears and inserting “disabilities”; (ii) in subparagraph (A)(i)— (I) by striking “the blind” each place such term appears and inserting “individuals who are blind”; and (II) by striking “the adult blind” and inserting “adults who are blind”; and (iii) in subparagraph (B), by striking “the blind” and inserting “individuals who are blind”; (B) in paragraph (2)(B) by striking “the blind” and inserting “individuals who are blind”; 106 STAT. 4357 (C) in paragraphs (2), (4), (5), (6), (10), (11), (12), (21), and in the matter preceding paragraph (16), by striking “handicaps” each place such term appears and inserting “disabilities”; (D) in paragraph (9) by striking “handicaps” and inserting “a disability”; (E) in paragraph (13)(B) by striking “with handicaps whose handicapping conditions arises from a disability sustained” and inserting “with a disability whose disability was sustained”; (F) in paragraph (20)— (i) by striking “American Indians with handicaps” and inserting “American Indians who are individuals with disabilities”; and (ii) by striking “individuals with handicaps” and inserting “individuals with disabilities”; and (G) in paragraph (22)— (i) by striking “the deaf” and inserting “individuals who are deaf”; and (ii) by striking “handicaps” and inserting “disabilities”. (8) Subsections (c) and (d) of section 102 (29 U.S.C. 722 (c) and (d)) are amended by striking “handicaps” and inserting “a disability”. (9) Section 103 (29 U.S.C. 723) is amended— (A) in the matter preceding paragraph (1) in subsection (a), and in subsection (b)(2), by striking “handicaps” and inserting “a disability”; (B) except as provided in subparagraph (A), by striking “handicaps” each place such term appears and inserting “disabilities”; (C) in subsection (a)— (i) in subparagraph (E) of paragraph (4), by striking “suffering from” and inserting “with”; (ii) in paragraph (6), by striking “deaf individuals” and inserting “individuals who are deaf”; and (iii) in paragraph (8), by striking “the blind” and inserting “individuals who are blind”; and (D) in subsection (b)(4)— (i) by striking “the blind” and inserting “individuals who are blind”; and (ii) by striking “the deaf” and inserting “individuals who are deaf”. (10) Section 112 (29 U.S.C. 732) is amended by striking “handicaps” each place such term appears and inserting “disabilities”. (11) Section 130 (29 U.S.C. 750) is amended— (A) in subsections (a) and (b)(1)(B) by striking “American Indians with handicaps” and inserting “American Indians who are individuals with disabilities”; and (B) in subsection (b)(1)(B) by striking “individuals with handicaps” and inserting “individuals with disabilities”. (12) Section 202 (29 U.S.C. 761a) is amended— (A) by striking “handicaps” each place such term appears and inserting “disabilities”; and (B) in subsection (c)(1) by striking “the Handicapped” and inserting “Disability”. 106 STAT. 4358 (13) Subsections (b) and (c) of section 203 (29 U.S.C. 761b (b) and (c)) are amended by striking “handicaps” each place such term appears and inserting “disabilities”. (14) Section 204 (29 U.S.C. 762) is amended— (A) in subsection (b)— (i) in paragraph (4), by striking “individuals suffering from” and inserting “individuals with”; (ii) in paragraph (8)— (I) by striking “children with handicaps” and inserting “children who are individuals with disabilities”; and (II) by striking “American Indians with handicaps” and inserting “American Indians who are individuals with disabilities”; (iii) in paragraph (10), by striking “deaf individuals” and inserting “individuals who are deaf”; and (iv) in paragraph (11)— (I) by striking “children with handicaps” and inserting “children who are individuals with disabilities”; and (II) by striking “children with severe handicaps” each place such term appears and inserting “children who are individuals with severe disabilities”; and (B) except as provided in subparagraph (A), by striking “handicaps” each place such term appears and inserting “disabilities”. (15) Section 300 (29 U.S.C. 770) is amended— (A) in paragraph (2) by striking “handicaps” and inserting “disabilities”; and (B) in paragraph (3)— (i) by striking “individuals with handicaps” each place such term appears and inserting “individuals with disabilities”; (ii) by striking “older blind individuals, and deaf individuals” and inserting “older individuals who are blind, and individuals who are deaf”; (iii) by striking “workers with handicaps” and inserting “workers who are individuals with disabilities”; and (iv) by striking “farmworkers with handicaps” and inserting “farmworkers who are individuals with disabilities”. (16) Section 302 (29 U.S.C. 772) is amended— (A) in the section heading, by striking “handicaps” and inserting disabilities”; and (B) in subsections (b) and (c) by striking “handicaps” each place such term appears and inserting “disabilities”. (17) Section 303(a) (29 U.S.C. 773(a)) is amended by striking “handicaps” and inserting “disabilities”. (18) Section 304 (29 U.S.C. 774) is amended— (A) by striking “handicaps” each place such term appears and inserting “disabilities”; and (B) in subsection (b)(2)(B), by striking “handicap” and inserting “disability”. (19) Section 305(a) (29 U.S.C. 775(a)) is amended— 106 STAT. 4359 (A) in paragraph (1), by striking “handicaps” each place such term appears and inserting “disabilities”; and (B) in paragraph (2) by striking “the deaf” and inserting “individuals who are deaf”. (20) Subsections (f) and (h) of section 306 (29 U.S.C. 776 (f) and (h)) are amended by striking “handicaps” each place such term appears and inserting “disabilities”. (21) Section 311 (29 U.S.C. 777a) is amended— (A) in subsection (a), by striking “handicaps” each place such term appears and inserting “disabilities”; (B) in subsection (c)(1), by striking “with handicaps” and inserting “who are individuals with disabilities”; (C) in subsection (d)(3), by striking “handicaps” and inserting “disabilities”; and (D) in subsection (e)— (i) in paragraph (1), by striking “with severe handicaps” and inserting “who are individuals with severe disabilities”; and (ii) in paragraph (4)(B), by striking “youths with severe handicaps and youths with mild handicaps” and inserting “youths who are individuals with severe disabilities and other youths with disabilities”. (22) Section 312 (29 U.S.C. 777b) is amended by striking “handicaps” each place such term appears and inserting “disabilities”. (23) Section 314 (29 U.S.C. 777d) is amended— (A) in the section heading by striking the blind” and inserting “individuals who are blind”; (B) in subsection (a)(1), by striking “blind persons” and inserting “individuals who are blind and”; (C) in subsection (a)(2)— (i) by striking “available to blind persons” and inserting “available to individuals who are blind”; (ii) by striking “needs of blind persons” and inserting “needs of such individuals”; and (iii) by striking “to assist blind persons” and inserting “to assist such individuals”; and (D) in paragraphs (1), (2), (5), and (6) of subsection (c), by striking “blind persons” and inserting “individuals who are blind”. (24) Section 315 (29 U.S.C. 777e) is amended— (A) in the section heading, by striking “the deaf” and inserting “individuals who are deaf”; (B) in subsection (a), by striking “deaf individuals” each place such term appears and inserting “individuals who are deaf”; (C) in subsection (b)(1), by striking “to the maximum number of deaf individuals feasible” and inserting “to the maximum feasible number of individuals who are deaf”; (D) in subsection (c), by striking “deaf individuals” each place such term appears and inserting “individuals who are deaf”; and (E) in subsection (d), by striking “deaf individuals” and inserting “individuals who are deaf and”. (25) Section 316(a)(1) (29 U.S.C. 777f(a)(1) is amended— 106 STAT. 4360 (A) by striking “individuals with handicaps” each place such term appears and inserting “individuals with disabilities”; and (B) by striking “peers without handicaps” and inserting “peers who are not individuals with disabilities”. (26) Section 400(a) (29 U.S.C. 780(a)) is amended by striking “handicaps” each place such term appears and inserting “disabilities”. (27) Section 401(a) (29 U.S.C. 781(a)) is amended— (A) in paragraph (4), by striking “individuals with handicaps and” each place such term appears; and (B) in paragraphs (5), (6), and (7), by striking “handicaps” each place such term appears and inserting “disabilities”. (28) Section 403(a)(1) (29 U.S.C. 783(a)(1)) is amended by striking “handicaps” and inserting “disabilities”. (29) Section 501 (29 U.S.C. 791) is amended— (A) in the section heading, by striking “handicaps” and inserting “disabilities”; (B) in subsection (a), by striking “Handicapped Employees” and inserting “Employees who are Individuals with Disabilities”; (C) in subsections (a), (b), (c), (d), and (f), by striking “individuals with handicaps” each place such term appears and inserting “individuals with disabilities”; and (D) in subsection (b), by striking “employees with handicaps” and inserting “employees who are individuals with disabilities”. (30) Subsections (a), (c), (g), and (h) of section 502 (29 U.S.C. 792 (a), (c), (g), and (h)) are amended by striking “handicaps” each place such term appears and inserting “disabilities”. (31) Section 503 (29 U.S.C. 793) is amended— (A) in subsection (a), by striking “handicaps as defined in section 7(8)” and inserting “disabilities”; and (B) in subsection (b)— (i) by striking “individual with handicaps” and inserting “individual with a disability”; and (ii) by striking “individuals with handicaps” each place such term appears and inserting “individuals with disabilities”. (32) Section 504 (29 U.S.C. 794) is amended in subsection (a)— (A) by striking “handicaps” and inserting “a disability”; and (B) by striking “handicap” and inserting “disability”. (33) Title VI is amended in the title heading by striking “HANDICAPS” and inserting “DISABILITIES”. (34) Section 601 (29 U.S.C. 701 note) is amended by striking “handicaps” and inserting “Disabilities”. (35) Part A of title VI is amended in the part heading, by striking handicaps”and inserting “disabilities”. (36) Subsections (a) and (b) of section 611 (29 U.S.C. 795 (a) and (b)) are amended by striking “handicaps” each place such term appears and inserting “disabilities”. (37) Section 615(a)(1) (29 U.S.C. 795d(a)(1)) is amended by striking “handicaps” and inserting “disabilities”. 106 STAT. 4361 (38) Section 616(2) (29 U.S.C. 795e(2)) is amended, by striking “handicaps” and inserting “disabilities”. (39) Section 622 (29 U.S.C. 795h) is amended— (A) in the section heading, by striking “handicaps” and inserting disabilities”; and (B) by striking “handicaps” and inserting “disabilities”.
Pub. L. 102-569, tit. I, subtit. A, sec. 102: DEFINITIONS. | Justis AI