Page 185 TITLE 29—LABOR § 706

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. Consolidated rehabilitation plan

(a) Election by State; agency concurrence

In order to secure increased flexibility to respond to the varying needs and local conditions

within the State, and in order to permit more

effective and interrelated planning and operation of its rehabilitation programs, the State

may submit a consolidated rehabilitation plan

which includes the State’s plan under section

721(a) of this title and its program for persons

with developmental disabilities under the Developmental Disabilities Assistance and Bill of

Rights Act [42 U.S.C. 6000 et seq.]: Provided, That

the agency administering such State’s program

under such Act concurs in the submission of

such a consolidated rehabilitation plan.

(b) Approval by Secretary of consolidated rehabilitation plan meeting statutory requirements; submission by State of separate rehabilitation plans

Such a consolidated rehabilitation plan must

comply with, and be administered in accordance

with, all the requirements of this chapter and

the Developmental Disabilities Assistance and

Bill of Rights Act [42 U.S.C. 6000 et seq.]. If the

Secretary finds that all such requirements are

satisfied, the Secretary may—

(1) approve the plan to serve in all respects

as the substitute for the separate plans which

would otherwise be required with respect to

each of the programs included therein; or

(2) advise the State to submit separate plans

for such programs.

(c) Noncompliance; assistance termination procedures

Findings of noncompliance in the administration of an approved consolidated rehabilitation

plan, and any reductions, suspensions, or terminations of assistance as a result thereof, shall be

carried out in accordance with the procedures

set forth in subsections (c) and (d) of section 727

of this title.

(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.)

REFERENCES IN TEXT

The Developmental Disabilities Assistance and Bill of

Rights Act, referred to in subsecs. (a) and (b), is title

I of Pub. L. 88–164, as added by Pub. L. 98–527, §2, Oct.

19, 1984, 98 Stat. 2662, and amended, which is classified

generally to chapter 75 (§6000 et seq.) of Title 42, The

Public Health and Welfare. For complete classification

of this Act to the Code, see Short Title note set out

under section 6000 of Title 42 and Tables.

AMENDMENTS

1992—Subsec. (c). Pub. L. 102–569 substituted ‘‘727’’ for

‘‘721’’.

1988—Subsec. (a). Pub. L. 100–630, §201(b)(1), substituted ‘‘Assistance and Bill of Rights Act’’ for ‘‘Services and Facilities Construction Amendments of 1970’’.

Subsec. (b). Pub. L. 100–630, §201(b)(2), substituted

‘‘Assistance and Bill of Rights Act’’ for ‘‘Services and

Facilities Construction Amendments of 1970’’ and ‘‘the

Secretary may—’’ for ‘‘the Secretary may’’ in introductory provisions and substituted pars. (1) and (2) for ‘‘approve the plan to serve in all respects as the substitute

for the separate plans which would otherwise be required with respect to each of the programs included

therein, or may advise the State to submit separate

plans for such programs’’.

1986—Subsec. (b). Pub. L. 99–506 substituted ‘‘the Secretary may approve’’ for ‘‘he may approve’’ and ‘‘or

may advise’’ for ‘‘or he may advise’’.

§ 706. Definitions

For the purposes of this chapter:

(1) The term ‘‘construction’’ means the construction of new buildings, the acquisition, expansion, remodeling, alteration, and renovation

of existing buildings, and initial equipment of

such buildings, and the term ‘‘cost of construction’’ includes architects’ fees and acquisition of

land in connection with construction but does

not include the cost of offsite improvements.

(2) 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, intoxication

or otherwise the person engaging in the act,

omission, or possession was legally incapable of

committing a crime.

(3)(A) The term ‘‘designated State agency’’

means an agency designated under section

721(a)(1)(A) of this title.

(B) The term ‘‘designated State unit’’ means

(i) any State agency unit required under section

721(a)(2)(A) of this title, or (ii) in cases in which

no such unit is so required, the State agency described in section 721(a)(1)(B)(i) of this title.

(4)(A) 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) 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.

(5) 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 chapter.

(6) 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