This paper is a collection of federal statutory definitions of disability
as contained in the United States Code (Code). It is an update of the February
1995 paper prepared for the National Institute on Disability and Rehabilitation
Research (NIDRR), U.S. Department of Education. This paper is not meant to
be an exhaustive description of programs for persons with disabilities, but
rather a reference for the various definitions of disability contained in the
Code.
The Code is the official compilation of the federal statutes that are currently
in force. The Code is divided into 50 titles by subject matter. Each title
is divided into sections. The Code is compiled by the Office of the Law Revision
Counsel in the U. S. House of Representatives.
A search of the Code found 67 places where disability is defined. This includes
definitions of disability, disabled person, individual with a disability, handicap,
or other variations of the term disability.
This paper contains two tables. In Table 1, statutes are organized into nine
headings: Civil Rights, Education, Employment, Housing, Internal Revenue Code,
Social Security, Social Services, Veterans and Armed Forces, and Miscellaneous.
Within these headings, definitions are arranged by Code title and section number. The
left column identifies the act (e.g., Americans with Disabilities Act) or program
(e.g., Ticket to Work and Self-Sufficiency Program) and specifies the title
and section where the act or program is codified. Acts are referred to by
the short title contained in the statute (e.g., Fair Housing Act). For ease
of identification, a program is referred to by its name (e.g., Supportive Housing
Program) rather than by the act that authorizes it. The right column contains
the statutory definition and a citation to the Code title and section where
the definition can be found.
Table 2 on page 30 is a cross-reference guide that illustrates the overlap
in definitions. The first column is organized numerically by Code title. The
second column presents the definition. The third column lists the acts and
programs that refer to that definition. Some acts and programs in Table 1
refer to definitions contained in other titles or sections of the Code. You
can use Table 2 to find those definitions. For example, if a definition in
Table 1 states: The term “disability” has the same meaning
given to such term by section 12102(2) of title 42, go to Table 2 and
find 42 U.S.C. §12102(2) for the definition.
The question of how many different definitions there are is complicated. There
is overlap among definitions, and some statutes have more than one definition. For
example, the ADA defines not only “disability,” but also “qualified
individual with a disability” for purposes of employment and public services. The
ADA also specifies certain conditions that are not considered disabilities. Likewise,
the Rehabilitation Act of 1973 has several definitions, including a two-part
definition for “individual with a disability,” one of which is
the ADA definition.
Of these 67 instances, 26 refer to definitions contained in other Code sections. For
example, one definition states: “The term “disability” has
the same meaning given to such term by section 12102(2) of title 42,” referring
to the definition of disability contained in the ADA. Also, six acts refer
to more than one definition. For the quantitatively inclined, the best way
to summarize is: of the 67 acts or programs that define disability, 35 have
self-contained definitions (although some of these 35 contain more than one
definition and three use ADA language), 26 use definitions from another Code
section, and six use definitions from more than one Code section.
For readers interested in further research, the U.S. Code is available online
at various websites. The Legal Information Institute located at http://www4.law.cornell.edu/uscode/ contains
a form that allows you to look up specific sections, and a search engine that
can search the entire U.S. Code or just selected titles.
TABLE 1
FEDERAL STATUTORY DEFINITIONS OF DISABILITY
| CIVIL
RIGHTS |
| 1. Fair Housing Act
42 U.S.C. §3601 et seq. |
(h) “Handicap” means, with respect to a person -
- (1) a physical or mental impairment which substantially
limits one or more of such person's major life activities,
- (2) a record of having such an impairment, or
- (3) being regarded as having such an impairment, but
such term does not include current, illegal use of or addiction to
a controlled substance (as defined in section 802 of title 21).
42 U.S.C. §3602(h) |
| 2. Domestic Volunteer Service Act of 1973
42 U.S.C. §4950 et seq. |
(2) Definition
- As used in paragraph (1), the term “qualified
individual with a disability” has the meaning given the term
in section 12111(8) of this title.
42 U.S.C. §5057(a)(2) |
| 3. Developmental Disabilities Assistance and Bill of Rights
Act
42 U.S.C. §6000 et seq. |
Developmental disability
- The term “developmental disability” means
a severe, chronic disability of an individual 5 years of age or older
that -
- (A) is attributable to a mental or physical impairment
or combination of mental and physical impairments;
- (B) is manifested before the individual attains age
22;
- (C) is likely to continue indefinitely;
- (D) results in substantial functional limitations
in three or more of the following areas of major life activity -
- (i) self-care;
- (ii) receptive and expressive language;
- (iii) learning;
- (iv) mobility;
- (v) self-direction;
- (vi) capacity for independent living; and
- (vii) economic self-sufficiency; and
- (E) reflects the individual's need for a combination
and sequence of special, interdisciplinary, or generic services, supports,
or other assistance that is of lifelong or extended duration and is
individually planned and coordinated, except that such term, when applied
to infants and young children means individuals from birth to age 5,
inclusive, who have substantial developmental delay or specific congenital
or acquired conditions with a high probability of resulting in developmental
disabilities if services are not provided.
42 U.S.C. §6001(8) |
| 4. Americans with Disabilities Act of 1990
42 U.S.C. §12101 et seq. |
(2) The term "disability" means, with respect to an individual-
- (A) a physical or mental impairment that substantially
limits one or more of the major life activities of such individual;
- (B) a record of such an impairment; or
- (C) being regarded as having such an impairment.
42 U.S.C. §12102(2)
(8) Qualified individual with a disability
- The term “qualified individual with a disability” means
an individual with a disability who, with or without reasonable accommodation,
can perform the essential functions of the employment position that
such individual holds or desires. For the purposes of this subchapter,
consideration shall be given to the employer's judgment as to what
functions of a job are essential, and if an employer has prepared a
written description before advertising or interviewing applicants for
the job, this description shall be considered evidence of the essential
functions of the job.
42 U.S.C. §12111(8)
Title I, Employment
(2) Qualified individual with a disability
- The term “qualified individual with a disability” means
an individual with a disability who, with or without reasonable modifications
to rules, policies, or practices, the removal of architectural, communication,
or transportation barriers, or the provision of auxiliary aids and
services, meets the essential eligibility requirements for the receipt
of services or the participation in programs or activities provided
by a public entity.
42 U.S.C. §12131(2)
Title II, Public Services
For the purposes of this chapter, the term “disabled” or “disability” shall
not apply to an individual solely because that individual is a transvestite
42 U.S.C. §12208
(a) Homosexuality and bisexuality
- For purposes of the definition of “disability” in
section 12102(2) of this title, homosexuality and bisexuality are not
impairments and as such are not disabilities under this chapter.
(b) Certain conditions
- Under this chapter, the term “disability” shall
not include -
- (1) transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical impairments,
or other sexual behavior disorders;
- (2) compulsive gambling, kleptomania, or pyromania;
or
- (3) psychoactive substance use disorders resulting
from current illegal use of drugs
42 U.S.C. §12211 |
| 5. Air Carrier Access Act of 1986
49 U.S.C. §41705 |
Discrimination against handicapped individuals
- In providing air transportation, an air carrier may
not discriminate against an otherwise qualified individual on the following
grounds:
- (1) the individual has a physical or mental impairment
that substantially limits one or more major life activities.
- (2) the individual has a record of such an impairment.
- (3) the individual is regarded as having such an impairment
49 U.S.C. §41705 |
| EDUCATION |
| 6. Higher Education Act
20 U.S.C. §1003 et seq. |
(3) Disability
- The term “disability” has the same meaning
given that term under section 12102(2) of title 42.
20 U.S.C. §1003(3) |
| 7. Federal Perkins loans
20 U.S.C. §1087aa et seq. |
(c) Infants, toddlers, children, and youth with disabilities
- For purposes of this part, the term “infants,
toddlers, children, and youth with disabilities” means children
with disabilities and infants and toddlers with disabilities as defined
in sections 1401(a)(1) and 1472(1)* of this title.
*Section 1472 of this title was a reference to section 672 of the Individuals
with Disabilities Education Act. Section 1472 no longer defines “infants
and toddlers with disabilities”.
20 U.S.C. §1087ii(c) |
| 8. General Education Provisions Act
20 U.S.C. §1228c |
(1) Disability
- The term “disability“ has the same meaning
given to such term by section 12102(2) of title 42.
20 U.S.C. §1228c(d)(1) |
| 9. Individuals with Disabilities Education Act (IDEA)
20 U.S.C. §1400 et seq. |
(3) Child with a disability
- (A) In general. The term “child with a disability” means
a child -
- (i) with mental retardation, hearing impairments
(including deafness), speech or language impairments, visual impairments
(including blindness), serious emotional disturbance (hereinafter
referred to as “emotional disturbance”), orthopedic
impairments, autism, traumatic brain injury, other health impairments,
or specific learning disabilities; and
- (ii) who, by reason thereof, needs special education
and related services.
- (B) Child aged 3 through 9. The term “child
with a disability” for a child aged 3 through 9 may, at the discretion
of the State and the local educational agency, include a child -
- (i) experiencing developmental delays, as defined
by the State and as measured by appropriate diagnostic instruments
and procedures, in one or more of the following areas: physical
development, cognitive development, communication development,
social or emotional development, or adaptive development; and
- (ii) who, by reason thereof, needs special education
and related services.
20 U.S.C. §1401(3)
(5) Infant or toddler with a disability
- The term “infant or toddler with a disability” -
- (A) means an individual under 3 years of age who needs
early intervention services because the individual -
- (i) is experiencing developmental delays, as
measured by appropriate diagnostic instruments and procedures in
one or more of the areas of cognitive development, physical development,
communication development, social or emotional development, and
adaptive development; or
- (ii) has a diagnosed physical or mental condition
which has a high probability of resulting in developmental delay;
and
- (B) may also include, at a State's discretion, at-risk
infants and toddlers
20 U.S.C. §1432(5) |
| 10. Carl D. Perkins Vocational and Applied Technical Education
Act of 1998
20 U.S.C. §2301 et seq. |
(14) Individual with a disability
- (A) In general
- The term “individual with a disability” means an
individual with any disability (as defined in section 12102 of
title 42).
20 U.S.C. §2302(14) |
| 11. Adult Education and Family Literacy Act
20 U.S.C. §9201 et seq. |
(9) Individual with a disability
- In general. The term “individual with a disability” means
an individual with any disability (as defined in section 12102 of title
42).
20 U.S.C. §9202(9) |
| 12. Richard B. Russell National School Lunch Act
42 U.S.C. §1751 et seq. |
(8) Disability. -
- The term “disability” has the meaning
given the term in the Rehabilitation Act of 1973 for purposes of title
II of that Act (29 U.S.C 760 et seq.).
42 U.S.C. §1751(d)(8) |
| 13. Child Nutrition Act of 1966
42 U.S.C. §1771 et seq. |
(7) Disability. -
- The term “disability” has the meaning
given the term in the Rehabilitation Act of 1973 for purposes of title
II of that Act (29 U.S.C 760 et seq.).
42 U.S.C. §1784(7) |
| 14. Head Start Act
42 U.S.C. §9831 et seq. |
For purposes of this subchapter:
- (1) The term “child with a disability” means
-
- (A) a child with a disability, as defined in
section 1401(3) of title 20; and
- (B) an infant or toddler with a disability, as
defined in section 1432(5) of title 20.
42 U.S.C. §9832(1) |
| EMPLOYMENT |
| 15. Employment of personal assistants for handicapped employees
5 U.S.C. §3102 |
(2) “handicapped employee” means an individual employed
by an agency who is blind or deaf or who otherwise qualifies as a handicapped
individual within the meaning of section 501 of the Rehabilitation Act
of 1973 (29 U.S.C. 794);
5 U.S.C. §3102(a)(2) |
| 16. Rehabilitation Act of 1973
29 U.S.C §701 et seq. |
(9) Disability
- The term “disability” means -
- (A) except as otherwise provided in subparagraph
(B), a physical or mental impairment that constitutes or results
in a substantial impediment to employment; or
- (B) for purposes of sections 701, 711, and 712
of this title, and subchapters II, IV, V, and VII of this chapter,
a physical or mental impairment that substantially limits one or
more major life activities.
29 U.S.C §705(9)
(20) Individual with a disability
- (A) In general
- Except as otherwise provided in subparagraph
(B), the term “individual with a disability” means
any individual who
- (i) has a physical or mental impairment which
for such individual constitutes or results in a substantial impediment
to employment; and
- (ii) can benefit in terms of an employment outcome
from vocational rehabilitation services provided pursuant to subchapter
I, III, or VI of this chapter.
- (B) Certain programs; limitations on major life activities
- Subject to subparagraphs (C), (D), (E), and (F),
the term “individual with a disability” means, for
purposes of sections 701, 711, and 712 of this title, and subchapters
II, IV, V, and VII of this chapter, any person who -
- (i) has a physical or mental impairment which
substantially limits one or more of such person's major life activities;
- (ii) has a record of such an impairment; or
- (iii) is regarded as having such an impairment.
- (C) Rights and advocacy provisions
- (i) In general; exclusion of individuals engaging
in drug use
- For purposes of subchapter V of this chapter,
the term “individual with a disability” does not
include an individual who is currently engaging in the illegal
use of drugs, when a covered entity acts on the basis of such
use.
- (ii) Exception for individuals no longer engaging
in drug use
- Nothing in clause (i) shall be construed
to exclude as an individual with a disability an individual
who -
- (I) has successfully completed a supervised
drug rehabilitation program and is no longer engaging in the
illegal use of drugs, or has otherwise been rehabilitated successfully
and is no longer engaging in such use;
- (II) is participating in a supervised rehabilitation
program and is no longer engaging in such use; or
- (III) is erroneously regarded as engaging
in such use, but is not engaging in such use; except that it
shall not be a violation of this chapter for a covered entity
to adopt or administer reasonable policies or procedures, including
but not limited to drug testing, designed to ensure that an
individual described in subclause (I) or (II) is no longer
engaging in the illegal use of drugs.
- (iii) Exclusion for certain services
- Notwithstanding clause (i), for purposes
of programs and activities providing health services and services
provided under subchapters I, II, and III of this chapter,
an individual shall not be excluded from the benefits of such
programs or activities on the basis of his or her current illegal
use of drugs if he or she is otherwise entitled to such services.
- (iv) Disciplinary action
- For purposes of programs and activities providing
educational services, local educational agencies may take disciplinary
action pertaining to the use or possession of illegal drugs
or alcohol against any student who is an individual with a
disability and who currently is engaging in the illegal use
of drugs or in the use of alcohol to the same extent that such
disciplinary action is taken against students who are not individuals
with disabilities. Furthermore, the due process procedures
at section 104.36 of title 34, Code of Federal Regulations
(or any corresponding similar regulation or ruling) shall not
apply to such disciplinary actions.
- (v) Employment; exclusion of alcoholics
- For purposes of sections 793 and 794 of this
title as such sections relate to employment, the term “individual
with a disability” does not include any individual who
is an alcoholic whose current use of alcohol prevents such
individual from performing the duties of the job in question
or whose employment, by reason of such current alcohol abuse,
would constitute a direct threat to property or the safety
of others.
- (D) Employment; exclusion of individuals with certain
diseases or infections
- For the purposes of sections 793 and 794 of this
title, as such sections relate to employment, such term does not
include an individual who has a currently contagious disease or
infection and who, by reason of such disease or infection, would
constitute a direct threat to the health or safety of other individuals
or who, by reason of the currently contagious disease or infection,
is unable to perform the duties of the job.
- (E) Rights provisions; exclusion of individuals on
basis of homosexuality or bisexuality
- For the purposes of sections 791, 793, and 794
of this title -
- (i) for purposes of the application of subparagraph
(B) to such sections, the term “impairment” does not
include homosexuality or bisexuality; and
- (ii) therefore the term “individual with
a disability” does not include an individual on the basis
of homosexuality or bisexuality.
- (F) Rights provisions; exclusion of individuals on
basis of certain disorders
- For the purposes of sections 791, 793, and 794
of this title, the term “individual with a disability” does
not include an individual on the basis of -
- (i) transvestism, transsexualism, pedophilia,
exhibitionism, voyeurism, gender identity disorders not resulting
from physical impairments, or other sexual behavior disorders;
- (ii) compulsive gambling, kleptomania, or pyromania;
or
- (iii) psychoactive substance use disorders resulting
from current illegal use of drugs.
29 U.S.C §705(20)
(21) Individual with a significant disability
(A) In general
- Except as provided in subparagraph (B) or (C), the
term “individual with a significant disability” means an
individual with a disability -
- (i) who has a severe physical or mental impairment
which seriously limits one or more functional capacities (such as mobility,
communication, self-care, self-direction, interpersonal skills, work
tolerance, or work skills) in terms of an employment outcome;
- (ii) whose vocational rehabilitation can be expected
to require multiple vocational rehabilitation services over an extended
period of time; and
- (iii) who has one or more physical or mental disabilities
resulting from amputation, arthritis, autism, blindness, burn injury,
cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart
disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction,
mental retardation, mental illness, multiple sclerosis, muscular dystrophy,
musculo-skeletal disorders, neurological disorders (including stroke
and epilepsy), paraplegia, quadriplegia, and other spinal cord conditions,
sickle cell anemia, specific learning disability, end-stage renal disease,
or another disability or combination of disabilities determined on
the basis of an assessment for determining eligibility and vocational
rehabilitation needs described in subparagraphs (A) and (B) of paragraph
(2) to cause comparable substantial functional limitation.
(B) Independent living services and centers for independent living
- For purposes of subchapter VII of this chapter, the
term “individual with a significant disability” means an
individual with a severe physical or mental impairment whose ability
to function independently in the family or community or whose ability
to obtain, maintain, or advance in employment is substantially limited
and for whom the delivery of independent living services will improve
the ability to function, continue functioning, or move toward functioning
independently in the family or community or to continue in employment,
respectively.
(C) Research and training
- For purposes of subchapter II of this chapter, the
term “individual with a significant disability” includes
an individual described in subparagraph (A) or (B).
(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.
29 U.S.C §705(21) |
| 17. Helen Keller National Center Act
29 U.S.C. §1901 et seq. |
(2) the term “individual who is deaf-blind” means any
individual -
- (A)
- (i) who has a central visual acuity of 20/200
or less in the better eye with corrective lenses, or a field defect
such that the peripheral diameter of visual field subtends an angular
distance no greater than 20 degrees, or a progressive visual loss
having a prognosis leading to one or both these conditions;
- (ii) who has a chronic hearing impairment so
severe that most speech cannot be understood with optimum amplification,
or a progressive hearing loss having a prognosis leading to this
condition; and
- (iii) for whom the combination of impairments
described in clauses (i) and (ii) cause extreme difficulty in attaining
independence in daily life activities, achieving psychosocial adjustment,
or obtaining a vocation;
- (B) who despite the inability to be measured accurately
for hearing and vision loss due to cognitive or behavioral constraints,
or both, can be determined through functional and performance assessment
to have severe hearing and visual disabilities that cause extreme difficulty
in attaining independence in daily life activities, achieving psychosocial
adjustment, or obtaining vocational objectives; or
- (C) meets such other requirements as the Secretary
may prescribe by regulation;
29 U.S.C. §1905(2) |
| 18. Workforce Investment Systems
29 U.S.C. §2801 |
(17) Individual with a disability
- (A) In general
- The term “individual with a disability” means
an individual with any disability (as defined in section 12102 of title
42).
29 U.S.C. §2801(17) |
| 19. Longshore and Harbor Workers' Compensation Act
33 U.S.C. §901 et seq. |
(10) “Disability” means incapacity because of injury
to earn the wages which the employee was receiving at the time of injury
in the same or any other employment; but such term shall mean permanent
impairment, determined (to the extent covered thereby) under the guides
to the evaluation of permanent impairment promulgated and modified from
time to time by the American Medical Association, in the case of an individual
whose claim is described in section 910(d)(2) of this title.
33 U.S.C. §902(10) |
| 20. Javits-Wagner-O'Day Act
41 U.S.C. §46-48c |
(2) The terms “other severely handicapped” and “severely
handicapped individuals” mean an individual or class of individuals
under a physical or mental disability, other than blindness, which (according
to criteria established by the Committee after consultation with appropriate
entities of the Government and taking into account the views of non-Government
entities representing the handicapped) constitutes a substantial handicap
to employment and is of such a nature as to prevent the individual under
such disability from currently engaging in normal competitive employment.
41 U.S.C. §48b(2) |
| 21. Ticket to Work and Self-Sufficiency Program
42 U.S.C. §1320b-19 |
(2) Disabled beneficiary
- The term “disabled beneficiary” means
a title II disability beneficiary or a title XVI disability beneficiary.
(3) Title II disability beneficiary
- The term “title II disability beneficiary” means
an individual entitled to disability insurance benefits under section
423 of this title or to monthly insurance benefits under section 402
of this title based on such individual's disability (as defined in
section 423(d) of this title). An individual is a title II disability
beneficiary for each month for which such individual is entitled to
such benefits.
(4) Title XVI disability beneficiary
- The term “title XVI disability beneficiary” means
an individual eligible for supplemental security income benefits under
subchapter XVI of this chapter on the basis of blindness (within the
meaning of section 1382c(a)(2) of this title) or disability (within
the meaning of section 1382c(a)(3) of this title). An individual is
a title XVI disability beneficiary for each month for which such individual
is eligible for such benefits.
1320b-19(k)(2) |
| 22. Social Security Work Incentives Outreach Program
42 U.S.C. §1320b-20 |
(2) Disabled beneficiary
- The term “disabled beneficiary” has the
meaning given that term in section 1320b-19(k)(2) of this title.
42 U.S.C. §1320b-20(c)(2) |
| 23. State Grants For Work Incentives Assistance To Disabled
Beneficiaries
42 U.S.C. §1320b-21 |
(2) Disabled beneficiary
- The term “disabled beneficiary” has the
meaning given that term in section 1320b-19(k)(2) of this title.
42 U.S.C. §1320b-21(g)(2) |
| HOUSING |
| 24. Native American Housing Assistance and Self-Determination
Act of 1996
25 U.S.C. §4101 et seq. |
(17) Person with disabilities
- The term “person with disabilities” means
a person who -
- (A) has a disability as defined in section 423 of
title 42;
- (B) is determined, pursuant to regulations issued
by the Secretary, to have a physical, mental, or emotional impairment
which
- (i) is expected to be of long-continued and indefinite
duration;
- (ii)substantially impedes his or her ability
to live independently; and
- (iii) is of such a nature that such ability could
be improved by more suitable housing conditions; or
- (C) has a developmental disability as defined in section
15002 of title 42.
Such term shall not exclude persons who have the disease of acquired
immunodeficiency syndrome or any conditions arising from the etiologic
agent for acquired immunodeficiency syndrome. Notwithstanding any other
provision of law, no individual shall be considered a person with disabilities,
for purposes of eligibility for housing assisted under this chapter,
solely on the basis of any drug or alcohol dependence. The Secretary
shall consult with other appropriate Federal agencies to implement the
preceding sentence.
25 U.S.C. §4103(17) |
| 25. United States Housing Act of 1937
42 U.S.C. §1437 et seq. |
(E) Person with disabilities. -
- The term “person with disabilities” means
a person who -
- (i) has a disability as defined in section 423 of
this title,
- (ii) is determined, pursuant to regulations issued
by the Secretary, to have a physical, mental, or emotional impairment
which
- (I) is expected to be of long-continued and indefinite
duration,
- (II) substantially impedes his or her ability
to live independently, and
- (III) is of such a nature that such ability
could be improved by more suitable housing conditions, or
- (iii) has a developmental disability as defined in
section 6001 of this title.
Such term shall not exclude persons who have the disease of acquired
immunodeficiency syndrome or any conditions arising from the etiologic
agent for acquired immunodeficiency syndrome. Notwithstanding any other
provision of law, no individual shall be considered a person with disabilities,
for purposes of eligibility for low-income housing under this subchapter,
solely on the basis of any drug or alcohol dependence. The Secretary
shall consult with other appropriate Federal agencies to implement the
preceding sentence.
42 U.S.C. §1437a(b)(3)(E) |
| 26. Farm Housing Financial Assistance
42 U.S.C. §1471 |
(3) For the purposes of this subchapter, the term “elderly
or handicapped persons or families” means families which consist
of two or more persons, the head of which (or his or her spouse) is at
least sixty-two years of age or is handicapped. Such term also means
a single person who is at least sixty-two years of age or is handicapped.
A person shall be considered handicapped if such person is determined,
pursuant to regulations issued by the Secretary, to have an impairment
which
- (A) is expected to be of long-continued and indefinite
duration,
- (B) substantially impedes his ability to live independently,
and
- (C) is of such a nature that such ability could be
improved by more suitable housing conditions, or if such person has
a developmental disability as defined in section 6001(7)* of this
title.
* Section 6001(7) of this title was subsequently amended, and section
6001(7) no longer defines the term “developmental disability”.
However, such term is defined elsewhere in that section.
42 U.S.C. §1471(b)(3) |
| 27.Congregate Housing Services Act of 1978
42 U.S.C. §8001 |
(5) the term “handicapped” means having an impairment
which
- (A) is expected to be of long-continued and indefinite
duration, and
- (B) substantially impedes an individual's ability
to live independently unless the individual receives supportive congregate
services; such impairment may include a functional disability or frailty
which is a normal consequence of the human aging process;
42 U.S.C. §8002(5) |
| 28. Revised Congregate Housing Services
42 U.S.C. §8011 |
(14) The term "person with disabilities" has the meaning
given the term by section 8013 of this title.
20 U.S.C. §8011(k)(14) |
| 29. Supportive Housing For Persons With Disabilities
42 U.S.C. §8013 |
(2) The term “person with disabilities” means a household
composed of one or more persons at least one of whom is an adult who
has a disability. A person shall be considered to have a disability if
such person is determined, pursuant to regulations issued by the Secretary
to have a physical, mental, or emotional impairment which
- (A) is expected to be of long-continued and indefinite
duration,
- (B) substantially impedes his or her ability to live
independently, and
- (C) is of such a nature that such ability could be
improved by more suitable housing conditions. A person shall also be
considered to have a disability if such person has a developmental
disability as defined in section 6001(7)* of this title. The Secretary
shall prescribe such regulations as may be necessary to prevent abuses
in determining, under the definitions contained in this paragraph,
the eligibility of families and persons for admission to and occupancy
of housing assisted under this section. Notwithstanding the preceding
provisions of this paragraph, the term “person with disabilities” includes
two or more persons with disabilities living together, one or more
such persons living with another person who is determined (under regulations
prescribed by the Secretary) to be important to their care or well-being,
and the surviving member or members of any household described in the
first sentence of this paragraph who were living, in a unit assisted
under this section, with the deceased member of the household at the
time of his or her death.
* Section 6001(7) of this title was subsequently amended, and section
6001(7) no longer defines the term “developmental disability”.
However, such term is defined elsewhere in that section.
42 U.S.C. §8013(k)(2) |
| 30. Supportive Housing Program
42 U.S.C. §11381 |
(2) The term “disability” means -
- (A) a disability as defined in section 423 of this
title,
- (B) to be determined to have, pursuant to regulations
issued by the Secretary, a physical, mental, or emotional impairment
which
- (i) is expected to be of long-continued and indefinite
duration,
- (ii) substantially impedes an individual's ability
to live independently, and
- (iii) of such a nature that such ability could
be improved by more suitable housing conditions,
- (C) a developmental disability as defined in section
6001 of this title, or
- (D) the disease of acquired immunodeficiency syndrome
or any conditions arising from the etiologic agency for acquired immunodeficiency
syndrome.
Subparagraph (D) shall not be construed to limit eligibility under subparagraphs
(A) through (C) or the provisions referred to in subparagraphs (A) through
(C).
42 U.S.C. §11382(2) |
| 31. Shelter Plus Care Program
42 U.S.C. §11403 et seq. |
(6) The term "person with disabilities" has the same meaning
given the term in section 8013 of this title.
42 U.S.C. §11403g(6) |
| INTERNAL
REVENUE CODE |
| 32. Credit for the elderly and the permanently and totally
disabled
26 U.S.C. §22 |
(3) Permanent and total disability defined
- An individual is permanently and totally disabled
if he is unable to engage in any substantial gainful activity by reason
of any medically determinable physical or mental impairment which can
be expected to result in death or which has lasted or can be expected
to last for a continuous period of not less than 12 months. An individual
shall not be considered to be permanently and totally disabled unless
he furnishes proof of the existence thereof in such form and manner,
and at such times, as the Secretary may require.
26 U.S.C. §22(e)(3) |
| 33. Expenditures to provide access to disabled individuals
26 U.S.C. §44 |
(1) The term "disability" has the same meaning as when
used in the Americans With Disabilities Act of 1990 (as in effect on
the date of the enactment of this section).
26 U.S.C. §44(d)(1) |
| 34. Annuities; certain proceeds of endowment and life insurance
contracts
26 U.S.C. §72 |
(7) Meaning of disabled
- For purposes of this section, an individual shall
be considered to be disabled if he is unable to engage in any substantial
gainful activity by reason of any medically determinable physical or
mental impairment which can be expected to result in death or to be
of long-continued and indefinite duration. An individual shall not
be considered to be disabled unless he furnishes proof of the existence
thereof in such form and manner as the Secretary may require.
26 U.S.C. §72(m)(7) |
| 35. Personal exemption for permanent and total disability
26 U.S.C. §151 |
(C) An individual shall be treated as permanently and totally disabled
for purposes of this paragraph if such individual would be so treated
under paragraph (3) of section 22(e).
26 U.S.C. §151(c)(5)(C) |
| 36. Expenditures to remove architectural and transportation
barriers to the handicapped and elderly
26 U.S.C. §190 |
(3) Handicapped individual
- The term “handicapped individual” means
any individual who has a physical or mental disability (including,
but not limited to, blindness or deafness) which for such individual
constitutes or results in a functional limitation to employment, or
who has any physical or mental impairment (including, but not limited
to, a sight or hearing impairment) which substantially limits one or
more major life activities of such individual.
26 U.S.C. §190(b)(3) |
| 37. Special rules for retired or disabled decedents and surviving
spouses, valuation or certain real property, estate tax
26 U.S.C. §2032A |
(B) An individual shall be disabled if such individual has a mental
or physical impairment which renders him unable to materially participate
in the operation of the farm or other business.
26 U.S.C. §2032A(b)(4)(B) |
| SOCIAL SECURITY |
| 38. Social Security Disability Insurance (SSDI)
42 U.S.C. §§ 401; 420-425
Sections 201 & 220-225 of the Social Security Act |
(d) “Disability” defined
- (1) The term “disability” means -
- (A) inability to engage in any substantial gainful
activity by reason of any medically determinable physical or mental
impairment which can be expected to result in death or which has
lasted or can be expected to last for a continuous period of not
less than 12 months; or
- (B) in the case of an individual who has attained
the age of 55 and is blind (within the meaning of “blindness” as
defined in section 416(i)(1) of this title), inability by reason
of such blindness to engage in substantial gainful activity requiring
skills or abilities comparable to those of any gainful activity
in which he has previously engaged with some regularity and over
a substantial period of time.
- (2) For purposes of paragraph (1)(A) -
- (A) An individual shall be determined to be under
a disability only if his physical or mental impairment or impairments
are of such severity that he is not only unable to do his previous
work but cannot, considering his age, education, and work experience,
engage in any other kind of substantial gainful work which exists
in the national economy, regardless of whether such work exists
in the immediate area in which he lives, or whether a specific
job vacancy exists for him, or whether he would be hired if he
applied for work. For purposes of the preceding sentence (with
respect to any individual), “work which exists in the national
economy” means work which exists in significant numbers either
in the region where such individual lives or in several regions
of the country.
- (B) In determining whether an individual's physical
or mental impairment or impairments are of a sufficient medical
severity that such impairment or impairments could be the basis
of eligibility under this section, the Commissioner of Social Security
shall consider the combined effect of all of the individual's impairments
without regard to whether any such impairment, if considered separately,
would be of such severity. If the Commissioner of Social Security
does find a medically severe combination of impairments, the combined
impact of the impairments shall be considered throughout the disability
determination process.
- (C) An individual shall not be considered to
be disabled for purposes of this subchapter if alcoholism or drug
addiction would (but for this subparagraph) be a contributing factor
material to the Commissioner's determination that the individual
is disabled.
- (3) For purposes of this subsection, a “physical
or mental impairment” is an impairment that results from anatomical,
physiological, or psychological abnormalities which are demonstrable
by medically acceptable clinical and laboratory diagnostic techniques.
42 U.S.C. §423(d) |
| 39. Social Security – additional definitions
42 U.S.C. §416
Section 216 of the Social Security Act |
(1) Except for purposes of sections 402(d), 402(e), 402(f), 423,
and 425 of this title, the term “disability” means
- (A) inability to engage in any substantial gainful
activity by reason of any medically determinable physical or mental
impairment which can be expected to result in death or has lasted or
can be expected to last for a continuous period of not less than 12
months, or
- (B) blindness; and the term “blindness” means
central visual acuity of 20/200 or less in the better eye with the
use of a correcting lens. An eye which is accompanied by a limitation
in the fields of vision such that the widest diameter of the visual
field subtends an angle no greater than 20 degrees shall be considered
for purposes of this paragraph as having a central visual acuity of
20/200 or less. The provisions of paragraphs (2)(A), (2)(B), (3), (4),
(5), and (6) of section 423(d) of this title shall be applied for purposes
of determining whether an individual is under a disability within the
meaning of the first sentence of this paragraph in the same manner
as they are applied for purposes of paragraph (1) of such section.
Nothing in this subchapter shall be construed as authorizing the Commissioner
of Social Security or any other officer or employee of the United States
to interfere in any way with the practice of medicine or with relationships
between practitioners of medicine and their patients, or to exercise
any supervision or control over the administration or operation of
any hospital.
42 U.S.C. §416(i)(1) |
| 40. Supplemental Security Income (SSI)
42 U.S.C. §1381 et seq.
Title XVI of the Social Security Act |
(a) (2) An individual shall be considered to be blind for purposes
of this subchapter if he has central visual acuity of 20/200 or less
in the better eye with the use of a correcting lens. An eye which is
accompanied by a limitation in the fields of vision such that the widest
diameter of the visual field subtends an angle no greater than 20 degrees
shall be considered for purposes of the first sentence of this subsection
as having a central visual acuity of 20/200 or less. An individual shall
also be considered to be blind for purposes of this subchapter if he
is blind as defined under a State plan approved under subchapter X or
XVI of this chapter as in effect for October 1972 and received aid under
such plan (on the basis of blindness) for December 1973, so long as he
is continuously blind as so defined.
- (3) (A) Except as provided in subparagraph (C), an
individual shall be considered to be disabled for purposes of this
subchapter if he is unable to engage in any substantial gainful activity
by reason of any medically determinable physical or mental impairment
which can be expected to result in death or which has lasted or can
be expected to last for a continuous period of not less than twelve
months.
- (B) For purposes of subparagraph (A), an individual
shall be determined to be under a disability only if his physical or
mental impairment or impairments are of such severity that he is not
only unable to do his previous work but cannot, considering his age,
education, and work experience, engage in any other kind of substantial
gainful work which exists in the national economy, regardless of whether
such work exists in the immediate area in which he lives, or whether
a specific job vacancy exists for him, or whether he would be hired
if he applied for work. For purposes of the preceding sentence (with
respect to any individual), “work which exists in the national
economy” means work which exists in significant numbers either
in the region where such individual lives or in several regions of
the country.
- (C) (i) An individual under the age of 18 shall be
considered disabled for the purposes of this subchapter if that individual
has a medically determinable physical or mental impairment, which results
in marked and severe functional limitations, and which can be expected
to result in death or which has lasted or can be expected to last for
a continuous period of not less than 12 months.
- (ii) Notwithstanding clause (i), no individual
under the age of 18 who engages in substantial gainful activity
(determined in accordance with regulations prescribed pursuant
to subparagraph (E)) may be considered to be disabled.
- (D) For purposes of this paragraph, a physical or
mental impairment is an impairment that results from anatomical, physiological,
or psychological abnormalities which are demonstrable by medically
acceptable clinical and laboratory diagnostic techniques.
- (E) The Commissioner of Social Security shall by regulations
prescribe the criteria for determining when services performed or earnings
derived from services demonstrate an individual's ability to engage
in substantial gainful activity. . . .
- (F) Notwithstanding the provisions of subparagraphs
(A) through (E), an individual shall also be considered to be disabled
for purposes of this subchapter if he is permanently and totally disabled
as defined under a State plan approved under subchapter XIV or XVI
of this chapter as in effect for October 1972 and received aid under
such plan (on the basis of disability) for December 1973 (and for at
least one month prior to July 1973), so long as he is continuously
disabled as so defined.
- (G) In determining whether an individual's physical
or mental impairment or impairments are of a sufficient medical severity
that such impairment or impairments could be the basis of eligibility
under this section, the Commissioner of Social Security shall consider
the combined effect of all of the individual's impairments without
regard to whether any such impairment, if considered separately, would
be of such severity. If the Commissioner of Social Security does find
a medically severe combination of impairments, the combined impact
of the impairments shall be considered throughout the disability determination
process.
42 U.S.C. §1382c(3) |
| SOCIAL
SERVICES |
| 41. Indian Health Care Home- And Community-Based Care Demonstration
Project
25 U.S.C. §1680k |
(2) The term “functionally disabled” means an individual
who is determined to require home- and community-based services based
on an assessment that uses criteria (including, at the discretion of
the tribe or tribal organization, activities of daily living) developed
by the tribe or tribal organization.
25 U.S.C. §1680k(h)(2) |
| 42. Home And Community Care For Functionally Disabled Elderly
Individuals
42 U.S.C. §1396t |
(c) Determinations of functional disability
- (1) In general
- In this section, an individual is “functionally
disabled” if the individual -
- (A) is unable to perform without substantial
assistance from another individual at least 2 of the following
3 activities of daily living: toileting, transferring, and eating;
or
- (B) has a primary or secondary diagnosis of Alzheimer's
disease and is
- (i) unable to perform without substantial
human assistance (including verbal reminding or physical cueing)
or supervision at least 2 of the following 5 activities of
daily living: bathing, dressing, toileting, transferring, and
eating; or
- (ii) cognitively impaired so as to require
substantial supervision from another individual because he
or she engages in inappropriate behaviors that pose serious
health or safety hazards to himself or herself or others.
42 U.S.C. §1396t(c) |
| 43. Older Americans Act of 1965
42 U.S.C. §3001 et seq. |
(8) The term “disability” means (except when such term
is used in the phrase “severe disability”, “developmental
disabilities”, “physical or mental disability”, “physical
and mental disabilities”, or “physical disabilities”)
a disability attributable to mental or physical impairment, or a combination
of mental and physical impairments, that results in substantial functional
limitations in 1 or more of the following areas of major life activity:
- (A) self-care,
- (B) receptive and expressive language,
- (C) learning,
- (D) mobility,
- (E) self-direction,
- (F) capacity for independent living,
- (G) economic self-sufficiency,
- (H) cognitive functioning, and
- (I) emotional adjustment.
42 U.S.C. §3002(8)
(9) The term “severe disability” means a severe, chronic
disability attributable to mental or physical impairment, or a combination
of mental and physical impairments, that -
- (A) is likely to continue indefinitely; and
- (B) results in substantial functional limitation in
3 or more of the major life activities specified in subparagraphs (A)
through (G) of paragraph (8).
42 U.S.C. §3002(9) |
| 44. Title IV of the Older Americans Act of 1965.
Demonstration Programs For Older Individuals With Developmental Disabilities
42 U.S.C. §3035n |
As used in this section:
(1) Developmental disability
- The term “developmental disability” has
the meaning given the term in section 6001(5)* of this title.
* Section 6001(5) of this title, referred to in subsec. (a)(1), was
subsequently amended, and section 6001(5) no longer defines the term “developmental
disability”. However, such term is defined elsewhere in that section.
42 U.S.C. §3035n(1) |
| 45. Title II of the Child Abuse Prevention and Treatment
Act.
Community-Based Family Resource And Support Grants
42 U.S.C. §5116 et seq. |
(1) Children with disabilities
- The term “children with disabilities” has
the same meaning given such term in section 1401(a)(2) of title 20.
42 U.S.C. §5116h(1) |
| 46. State Dependent Care Development Grants Act
42 U.S.C. §9871 et seq. |
(3) the term “developmental disability” has the same
meaning as in section 6001(7)* of this title;
*Section 6001(7) of this title was subsequently amended, and section
6001(7) no longer defines the term “developmental disability”.
However, such term is defined elsewhere in that section.
42 U.S.C. §9877(3) |
| VETERANS
and ARMED FORCES |
| 47. Government organization and employees
5 U.S.C. §2108 |
(2) "disabled veteran" means an individual who has served
on active duty in the armed forces, has been separated therefrom under
honorable conditions, and has established the present existence of a
service-connected disability or is receiving compensation, disability
retirement benefits, or pension because of a public statute administered
by the Department of Veterans Affairs or a military department
5 U.S.C. §2108(2) |
| 48. Special compensation for certain severely disabled uniformed
services retirees
10 U.S.C. §1413 |
(d) Qualifying Service-Connected Disability Defined.
- In this section, the term “qualifying service-connected
disability” means a service-connected disability that -
- (1) was incurred or aggravated in the performance
of duty as a member of a uniformed service, as determined by the Secretary
concerned; and
- (2) is rated as not less than 70 percent disabling
-
- (A) by the Secretary concerned as of the date
on which the member is retired from the uniformed services; or
- (B) by the Secretary of Veterans Affairs within
four years following the date on which the member is retired from
the uniformed services.
10 U.S.C. §1413 (d) |
| 49. Assistive technology, assistive technology devices, and
assistive technology services
10 U.S.C.§1582 |
(b) In this section, the terms “assistive technology”, “assistive
technology device”, “assistive technology service”,
and “disability” have the meanings given those terms in section
3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002).
10 U.S.C.§1582(b) |
| 50. Pension for non-service-connected disability or death
or for service
38 U.S.C. §1501 et seq. |
For the purposes of this chapter, a person shall be considered to
be permanently and totally disabled if such a person is unemployable
as a result of disability reasonably certain to continue throughout the
life of the disabled person, or is suffering from -
- (1) any disability which is sufficient to render it
impossible for the average person to follow a substantially gainful
occupation, but only if it is reasonably certain that such disability
will continue throughout the life of the disabled person; or
- (2) any disease or disorder determined by the Secretary
to be of such a nature or extent as to justify a determination that
persons suffering therefrom are permanently and totally disabled.
38 U.S.C. §1502(a) |
| 51. Hospital, nursing home, domiciliary, and medical care
for veterans
38 U.S.C. §1701 et seq. |
The term "disability" means a disease, injury, or other
physical or mental defect.
38 U.S.C. §1701(1) |
| 52. Survivors' and dependents' educational assistance
38 U.S.C. §3500 et seq. |
The term “total disability permanent in nature” means
any disability rated total for the purposes of disability compensation
which is based upon an impairment reasonably certain to continue throughout
the life of the disabled person.
38 U.S.C. §3501(a)(8) |
| 53. Veterans' Small Business Loan Act of 1981
38 U.S.C. §3741 et seq. |
The term “disabled veteran” means
- (A) a veteran who is entitled to compensation under
laws administered by the Secretary for a disability rated at 30 percent
or more, or
- (B) a veteran whose discharge or release from active
duty was for a disability incurred or aggravated in line of duty.
38 U.S.C. §3741(1) |
| 54. Job counseling, training, and placement service for veterans
38 U.S.C.§4100 et seq. |
The term "special disabled veteran" has the same meaning
provided in section 4211(1) of this title.
38 U.S.C. §4101(1)
The term "disabled veteran" has the same meaning provided
in section 4211(3) of this title.
38 U.S.C. §4101(3) |
| 55. Employment and training of veterans
38 U.S.C. §4211 et seq. |
(1) The term “special disabled veteran” means -
- (A) a veteran who is entitled to compensation (or
who but for the receipt of military retired pay would be entitled to
compensation) under laws administered by the Secretary for a disability
- (i) rated at 30 percent or more, or
- (ii) rated at 10 or 20 percent in the case of
a veteran who has been determined under section 3106 of this title
to have a serious employment handicap; or
- (B) a person who was discharged or released from active
duty because of service-connected disability.
38 U.S.C. §4211(1)
The term “disabled veteran” means
- (A) a veteran who is entitled to compensation (or
who but for the receipt of military retired pay would be entitled to
compensation) under laws administered by the Secretary, or
- (B) a person who was discharged or released from active
duty because of a service-connected disability.
38 U.S.C. §4211(3) |
| MISCELLANEOUS |
| 56. Food Stamp Act of 1977
7 U.S.C. §2011 et seq. |
(r) “Elderly or disabled member” means a member of a
household who -
- (1) is sixty years of age or older;
- (2)(A) receives supplemental security income benefits
under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.),
or Federally or State administered supplemental benefits of the type
described in section 212(a) of Public Law 93-66 (42 U.S.C. 1382 note),
or
- (B) receives Federally or State administered
supplemental assistance of the type described in section 1616(a)
of the Social Security Act (42 U.S.C. 1382e(a)), interim assistance
pending receipt of supplemental security income, disability-related
medical assistance under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), or disability-based State general assistance
benefits, if the Secretary determines that such benefits are conditioned
on meeting disability or blindness criteria at least as stringent
as those used under title XVI of the Social Security Act;
- (3) receives disability or blindness payments under
title I, II, X, XIV, or XVI of the Social Security Act (42 U.S.C. 301
et seq., 401 et seq., 1201 et seq., 1351 et seq., 1381 et seq.) or
receives disability retirement benefits from a governmental agency
because of a disability considered permanent under section 221(i) of
the Social Security Act (42 U.S.C. 421(i));
- (4) is a veteran who -
- (A) has a service-connected or non-service-connected
disability which is rated as total under title 38; or
- (B) is considered in need of regular aid and
attendance or permanently housebound under such title;
- (5) is a surviving spouse of a veteran and -
- (A) is considered in need of regular aid and
attendance or permanently housebound under title 38; or
- (B) is entitled to compensation for a service-connected
death or pension benefits for a non-service-connected death under
title 38, and has a disability considered permanent under section
221(i) of the Social Security Act (42 U.S.C. 421(i));
- (6) is a child of a veteran and -
- (A) is considered permanently incapable of self-support
under section 1314 of title 38; or
- (B) is entitled to compensation for a service-connected
death or pension benefits for a non-service-connected death under
title 38, and has a disability considered permanent under section
221(i) of the Social Security Act (42 U.S.C. 421(i)); or
- (7) is an individual receiving an annuity under section
2(a)(1)(iv) or 2(a)(1)(v) of the Railroad Retirement Act of 1974 (45
U.S.C. 231a(a)(1)(iv) or 231a(a)(1)(v)), if the individual's service
as an employee under the Railroad Retirement Act of 1974 (45 U.S.C.
231 et seq.), after December 31, 1936, had been included in the term “employment” as
defined in the Social Security Act (42 U.S.C. 301 et seq.), and if
an application for disability benefits had been filed.
7 U.S.C. §2012(r) |
| 57. Small Business Act
15 U.S.C. §631 et seq. |
(f) “Handicapped individual” defined
- For purposes of section 636 of this title, the term “handicapped
individual” means an individual -
- (1) who has a physical, mental, or emotional impairment,
defect, ailment, disease, or disability of a permanent nature which
in any way limits the selection of any type of employment for which
the person would otherwise be qualified or qualifiable; or
- (2) who is a service-disabled veteran.
15 U.S.C. §632(f)
§644(c) Programs for blind and handicapped individuals
(1) As used in this subsection:
- (C) The term “handicapped individual” has
the same meaning given such term in section 632(f) of this title.
15 U.S.C. §644(c)(1)(C) |
| 58. Copyright - Limitations on exclusive rights: reproduction
for blind or other people with disabilities
17 U.S.C. §121 |
For purposes of this section, the term -
- (2) “blind or other persons with disabilities” means
individuals who are eligible or who may qualify in accordance with
the Act entitled “An Act to provide books for the adult blind”,
approved March 3, 1931 (2 U.S.C. 135a; 46 Stat. 1487) to receive books
and other publications produced in specialized formats;
17 U.S.C. §121(c)(2) |
| 59. Assistive Technology Act of 1998
29 U.S.C. §3001 et seq. |
(8) Disability
- The term “disability” means a condition
of an individual that is considered to be a disability or handicap
for the purposes of any Federal law other than this chapter or for
the purposes of the law of the State in which the individual resides.
29 U.S.C. §3002(a)(8)
(9) Individual with a disability; individuals with disabilities
- (A) Individual with a disability
- The term “individual with a disability” means
any individual of any age, race, or ethnicity -
- (i) who has a disability; and
- (ii) who is or would be enabled by an assistive
technology device or an assistive technology service to minimize
deterioration in functioning, to maintain a level of functioning,
or to achieve a greater level of functioning in any major life
activity.
29 U.S.C. §3002(a)(9) |
| 60. Federal Mine Safety and Health Act of 1977
30 U.S.C. §801 |
(1) The term “total disability” has the meaning given
it by regulations of the Secretary of Health and Human Services* for
claims under part B of this subchapter, and by regulations of the Secretary
of Labor for claims under part C of this subchapter, subject to the relevant
provisions of subsections (b) and (d) of section 923 of this title, except
that -
- (A) in the case of a living miner, such regulations
shall provide that a miner shall be considered totally disabled when
pneumoconiosis prevents him or her from engaging in gainful employment
requiring the skills and abilities comparable to those of any employment
in a mine or mines in which he or she previously engaged with some
regularity and over a substantial period of time;
- (B) such regulations shall provide that
- (i) a deceased miner's employment in a mine at
the time of death shall not be used as conclusive evidence that
the miner was not totally disabled; and
- (ii) in the case of a living miner, if there
are changed circumstances of employment indicative of reduced ability
to perform his or her usual coal mine work, such miner's employment
in a mine shall not be used as conclusive evidence that the miner
is not totally disabled;
- (C) such regulations shall not provide more restrictive
criteria than those applicable under section 423(d) of title 42; and
- (D) the Secretary of Labor, in consultation with the
Director of the National Institute for Occupational Safety and Health,
shall establish criteria for all appropriate medical tests under this
subsection which accurately reflect total disability in coal miners
as defined in subparagraph (A).
* So in original. Probably should be “Commissioner of Social
Security”
30 U.S.C. §801(f)(1) |
| 61. Voting Accessibility for the Elderly and Handicapped
Act
42 U.S.C. §1973ee et seq. |
(4) “handicapped” means having a temporary or permanent
physical disability;
42 U.S.C. §1973ee-6(4) |
| 62. Domestic Volunteer Service Act of 1973
42 U.S.C. §4950 et seq. |
(11) except as provided in section 5057 of this title, the term “individual
with a disability” has the meaning given the term in section 705(20)(B)
of title 29;
42 U.S.C. §5061(11) |
| 63. National Child Protection Act of 1993
42 U.S.C. §5119 et seq. |
(7) the term “individuals with disabilities” means persons
with a mental or physical impairment who require assistance to perform
one or more daily living tasks;
42 U.S.C. §5119c(7) |
| 64. Energy Conservation in Existing Buildings Act of 1976
42 U.S.C. §6851 et seq. |
(5) The term “handicapped person” means any individual
- (A) who is an individual with a disability, as defined
in section 705 of title 29,
- (B) who is under a disability as
defined in section 1614(a)(3)(A) or 233(d)(1) of the Social Security
Act (42 U.S.C. 1382c(a)(3)(A), 423(d)(1)) or in section 102(7)* of
the Developmental Disabilities Services and Facilities Construction
Act (42 U.S.C. 6001(7)), or
- (C) who is receiving benefits under
chapter 11 or 15 of title 38.
*Section 102(7) of 42 U.S.C. 6001(7) was subsequently amended and no
longer defines the term “developmental disability”. However,
such term is defined elsewhere in that section.
42 U.S.C. 6862(5) |
| 65. National and Community Service Act of 1990
42 U.S.C. §12501 et seq. |
(12) Individual with a disability
- Except as provided in section 12635(a) of this title,
the term “individual with a disability” has the meaning
given the term in section 705(20)(B) of title 29.
42 U.S.C. §12511(12) |
| 66. Telecommunications Act of 1996
47 U.S.C. §255 |
(1) Disability
- The term “disability” has the meaning
given to it by section 12102(2)(A) of title 42.
47 U.S.C. §255(a)(1) |
| 67. Mass Transportation
49 U.S.C. §5301 et seq. |
(5) Handicapped individual. -
- The term “handicapped individual” means
an individual who, because of illness, injury, age, congenital malfunction,
or other incapacity or temporary or permanent disability (including
an individual who is a wheelchair user or has semiambulatory capability),
cannot use effectively, without special facilities, planning, or design,
mass transportation service or a mass transportation facility.
49 U.S.C. §5302(a)(5)
(b) Authority To Modify “Handicapped Individual”. -
- The Secretary may by regulation modify the definition
of the term “handicapped individual” in subsection (a)(5)
as it applies to section 5307(d)(1)(D).
49 U.S.C. §5302(b) |
Some acts and programs refer to definitions contained in other titles or sections
of the U.S. Code. You can use Table 2 to find those definitions. For example,
if a definition in Table 1 states: The term “disability” has
the same meaning given to such term by section 12102(2) of title 42, find
42 U.S.C. §12102(2) in Table 2 for the definition. Also, some programs refer
to more than one definition. Table 2 is a cross-reference guide that illustrates
the overlap in definitions. The first column is organized numerically by U.S.
Code title. The second column presents the definition. The third column lists
the acts and programs that use that definition of disability.
| Definition Source |
Disability Definition |
Programs Which Refer To This Definition |
| 1. 20 U.S.C. §1401(3) |
(3) Child with a disability
- (A) In general. The term “child with a disability” means
a child -
- (i) with mental retardation, hearing impairments
(including deafness), speech or language impairments, visual impairments
(including blindness), serious emotional disturbance (hereinafter
referred to as “emotional disturbance”), orthopedic
impairments, autism, traumatic brain injury, other health impairments,
or specific learning disabilities; and
- (ii) who, by reason thereof, needs special education
and related services.
- (B) Child aged 3 through 9. The term “child
with a disability” for a child aged 3 through 9 may, at the discretion
of the State and the local educational agency, include a child -
- (i) experiencing developmental delays, as defined
by the State and as measured by appropriate diagnostic instruments
and procedures, in one or more of the following areas: physical
development, cognitive development, communication development,
social or emotional development, or adaptive development; and
- (ii) who, by reason thereof, needs special education
and related services.
|
- § Federal Perkins loans, 20 U.S.C. §1087ii(c).
- § Head Start Act, 42 U.S.C. §9832(1)
- § Title II of the Child Abuse Prevention and Treatment
Act, 42 U.S.C. §5116h(1)
|
| 2. 20 U.S.C. §1432(5)
Individuals with Disabilities Education Act (IDEA) |
(5) Infant or toddler with a disability
- The term “infant or toddler with a disability” -
- (A) means an individual under 3 years of age who needs
early intervention services because the individual -
- (i) is experiencing developmental delays, as
measured by appropriate diagnostic instruments and procedures in
one or more of the areas of cognitive development, physical development,
communication development, social or emotional development, and
adaptive development; or
- (ii) has a diagnosed physical or mental condition
which has a high probability of resulting in developmental delay;
and
- (B) may also include, at a State's discretion, at-risk
infants and toddlers.
|
- § Federal Perkins loans, 20 U.S.C. §1087ii(c)
- § Head Start Act, 42 U.S.C. §9832(1)
|
| 3. 26 U.S.C. §22(e)(3)
Credit for the elderly and the permanently and totally disabled |
(3) Permanent and total disability defined
- An individual is permanently and totally disabled
if he is unable to engage in any substantial gainful activity by reason
of any medically determinable physical or mental impairment which can
be expected to result in death or which has lasted or can be expected
to last for a continuous period of not less than 12 months. An individual
shall not be considered to be permanently and totally disabled unless
he furnishes proof of the existence thereof in such form and manner,
and at such times, as the Secretary may require.
|
- § Personal exemption for permanent and total disability,
26 U.S.C. §151(c)(5)(C)
|
| 4. 29 U.S.C §705(9)
Rehabilitation Act of 1973 |
(9) Disability
- The term “disability” means -
- (A) except as otherwise provided in subparagraph
(B), a physical or mental impairment that constitutes or results in
a substantial impediment to employment; or
- (B) for purposes of sections 701, 711, and 712 of
this title, and subchapters II, IV, V, and VII of this chapter, a physical
or mental impairment that substantially limits one or more major life
activities.
|
- § Richard B. Russell National School Lunch Act, 42
U.S.C. §1751(d)(8)
- § Child Nutrition Act of 1966, 42 U.S.C. §1784(7)
|
| 5. 29 U.S.C §705(20)
Rehabilitation Act of 1973 |
(20) Individual with a disability
>See entry #16 in Table 1 for full text of definition |
- § Domestic Volunteer Service Act of 1973, 42 U.S.C. §5061(11)
- § Employment of personal assistants for handicapped
employees, 5 U.S.C. §3102(a)(2)
- § Energy Conservation in Existing Buildings Act of
1976, 42 U.S.C. 6862(5)
- § National and Community Service Act of 1990, 42 U.S.C. §12511(12)
|
| 6. 29 U.S.C. §3002(a)(8)
Assistive Technology Act of 1998 |
(8) Disability
- (8) The term “disability” means a condition
of an individual that is considered to be a disability or handicap
for the purposes of any Federal law other than this chapter or for
the purposes of the law of the State in which the individual resides.
|
- § Assistive technology, assistive technology devices,
and assistive technology services (Dept. of Defense), 10 U.S.C.§1582(b)
|
| 7. 38 U.S.C. §4211(1)
Employment and training of veterans |
(1) The term “special disabled veteran” means -
- (A) a veteran who is entitled to compensation (or
who but for the receipt of military retired pay would be entitled to
compensation) under laws administered by the Secretary for a disability
- (i) rated at 30 percent or more, or
- (ii) rated at 10 or 20 percent in the case of
a veteran who has been determined under section 3106 of this title
to have a serious employment handicap; or
- (B) a person who was discharged or released from active
duty because of service-connected disability.
|
- § Job counseling, training, and placement service
for veterans, 38 U.S.C. §4101(1)
|
| 8. 38 U.S.C. §4211(3)
Employment and training of veterans |
(3) The term “disabled veteran” means
- (A) a veteran who is entitled to compensation (or
who but for the receipt of military retired pay would be entitled to
compensation) under laws administered by the Secretary, or
- (B) a person who was discharged or released from active
duty because of a service-connected disability.
|
- § Job counseling, training, and placement service
for veterans, 38 U.S.C. §4101(3)
|
| 9. 42 U.S.C. §423(d)
Social Security Disability Insurance (SSDI) |
(d) “Disability” defined
>See entry #38 in Table 1 for full text of definition. |
- § Energy Conservation in Existing Buildings Act of
1976, 42 U.S.C. 6862(5)
- § Native American Housing Assistance and Self-Determination
Act of 1996, 25 U.S.C. §4103(17)
- § Social Security Work Incentives Outreach Program,
42 U.S.C. §1320b-20(c)(2)
- § State Grants For Work Incentives Assistance To Disabled
Beneficiaries, 42 U.S.C. §1320b-21(g)(2)
- § Supportive Housing Program, 42 U.S.C. §11382(2)
- § Ticket to Work and Self-Sufficiency Program, 42
U.S.C. §1320b-19(k)(2)
- § United States Housing Act of 1937, 42 U.S.C. §1437a(b)(3)(E)
|
| 10. 42 U.S.C. §1382c(3)
Supplemental Security Income (SSI) |
>See entry #40 in Table 1 for full text of definition. |
- § Energy Conservation in Existing Buildings Act of
1976, 42 U.S.C. 6862(5)
- § Ticket to Work and Self-Sufficiency Program, 42
U.S.C. §1320b-19(k)(2)
- § Social Security Work Incentives Outreach Program,
42 U.S.C. §1320b-20(c)(2)
- § State Grants For Work Incentives Assistance To Disabled
Beneficiaries, 42 U.S.C. §1320b-21(g)(2)
|
| 11. 42 U.S.C. §6001(8)
Developmental Disabilities Assistance and Bill of Rights Act |
(8) Developmental disability
- The term “developmental disability” means
a severe, chronic disability of an individual 5 years of age or older
that -
- (A) is attributable to a mental or physical impairment
or combination of mental and physical impairments;
- (B) is manifested before the individual attains age
22;
- (C) is likely to continue indefinitely;
- (D) results in substantial functional limitations
in three or more of the following areas of major life activity -
- (i) self-care;
- (ii) receptive and expressive language;
- (iii) learning;
- (iv) mobility;
- (v) self-direction;
- (vi) capacity for independent living; and
- (vii) economic self-sufficiency; and
- (E) reflects the individual's need for a combination
and sequence of special, interdisciplinary, or generic services, supports,
or other assistance that is of lifelong or extended duration and is
individually planned and coordinated,
- except that such term, when applied to infants and
young children means individuals from birth to age 5, inclusive, who
have substantial developmental delay or specific congenital or acquired
conditions with a high probability of resulting in developmental disabilities
if services are not provided.
|
- § Energy Conservation in Existing Buildings Act of
1976, 42 U.S.C. 6862(5)
- § Farm Housing Financial Assistance, 42 U.S.C. §1471(b)(3)
- § Native American Housing Assistance and Self-Determination
Act of 1996, 25 U.S.C. §4103(17)
- § Revised Congregate Housing Services, 20 U.S.C. §8011(k)(14)
- § Shelter Plus Care Program, 42 U.S.C. §11403g(6)
- § State Dependent Care Development Grants Act, 42
U.S.C. §9877(3)
- § Supportive Housing For Persons With Disabilities,
42 U.S.C. §8013(k)(2)
- § Supportive Housing Program, 42 U.S.C. §11382(2)
- § Title IV of the Older Americans Act of 1965, 42
U.S.C. §3035n(1)
- § United States Housing Act of 1937, 42 U.S.C. §1437a(b)(3)(E)
|
| 12. 42 U.S.C. §8013(k)(2)
Supportive Housing For Persons With Disabilities |
(2) The term “person with disabilities” means a household
composed of one or more persons at least one of whom is an adult who
has a disability. A person shall be considered to have a disability if
such person is determined, pursuant to regulations issued by the Secretary
to have a physical, mental, or emotional impairment which
- (A) is expected to be of long-continued and indefinite
duration,
- (B) substantially impedes his or her ability to live
independently, and
- (C) is of such a nature that such ability could be
improved by more suitable housing conditions. A person shall also be
considered to have a disability if such person has a developmental
disability as defined in section 6001(7)* of this title. The Secretary
shall prescribe such regulations as may be necessary to prevent abuses
in determining, under the definitions contained in this paragraph,
the eligibility of families and persons for admission to and occupancy
of housing assisted under this section. Notwithstanding the preceding
provisions of this paragraph, the term “person with disabilities” includes
two or more persons with disabilities living together, one or more
such persons living with another person who is determined (under regulations
prescribed by the Secretary) to be important to their care or well-being,
and the surviving member or members of any household described in the
first sentence of this paragraph who were living, in a unit assisted
under this section, with the deceased member of the household at the
time of his or her death.
* Section 6001(7) of this title was subsequently amended, and section
6001(7) no longer defines the term “developmental disability”.
However, such term is defined elsewhere in that section. |
- § Revised Congregate Housing Services, 20 U.S.C. §8011(k)(14)
- § Shelter Plus Care Program, 42 U.S.C. §11403g(6)
|
| 13.& 42 U.S.C. §12102(2)
Americans with Disabilities Act of 1990 |
(2) The term "disability" means, with respect to an individual-
- (A) a physical or mental impairment that substantially
limits one or more of the major life activities of such individual;
- (B) a record of such an impairment; or
- (C) being regarded as having such an impairment.
|
- § Adult Education and Family Literacy Act, 20 U.S.C. §9202(9)
- § Carl D. Perkins Vocational and Applied Technical
Education Act of 1998, 20 U.S.C. §2302(14).
- § Expenditures to provide access to disabled individuals,
26 U.S.C. §44(d)(1)
- § General Education Provisions Act, 20 U.S.C. §1228c(d)(1)
- § Higher Education Act, 20 U.S.C. §1003(3).
- § Telecommunications Act of 1996, 47 U.S.C. §255(a)(1)
- § Workforce Investment Systems, 29 U.S.C. §2801(17)
|
| 14. 42 U.S. C. §12111(8)
Americans with Disabilities Act of 1990
Title I, Employment |
(8) Qualified individual with a disability
- The term “qualified individual with a disability” means
an individual with a disability who, with or without reasonable accommodation,
can perform the essential functions of the employment position that
such individual holds or desires. For the purposes of this subchapter,
consideration shall be given to the employer's judgment as to what
functions of a job are essential, and if an employer has prepared a
written description before advertising or interviewing applicants for
the job, this description shall be considered evidence of the essential
functions of the job.
|
- § Domestic Volunteer Service Act of 1973, 42 U.S.C. §5057(a)(2).
|