Title 29 — Labor
Chapter 16 — Vocational Rehabilitation and Other Rehabilitation Services
§ 762. National Institute on Disability, Independent Living, and Rehabilitation Research
Statutory text
Establishment; Director as principal officer
There is established within the Administration for Community Living of the Department of Health and Human Services a National Institute on Disability, Independent Living, and Rehabilitation Research (referred to in this subchapter as the “Institute”), which shall be headed by a Director (hereinafter in this subchapter referred to as the “Director”), in order to—
promote, coordinate, and provide for—
research;
demonstration projects, training, and technical assistance;
outreach and information that clarifies research implications for policy and practice; and
related activities,
with respect to individuals with disabilities;
more effectively carry out activities through the programs under section 764 of this title and activities under this section;
widely disseminate information from the activities described in subparagraphs (A) and (B); and
provide leadership in advancing the quality of life of individuals with disabilities.
In the performance of the functions of the office, the Director shall be directly responsible to the Administrator for the Administration for Community Living of the Department of Health and Human Services.
Duties of Director
The Director, through the Institute, shall be responsible for—
administering the programs described in section 764 of this title and activities under this section;
widely disseminating findings, conclusions, and recommendations, resulting from research, demonstration projects, training, and related activities (referred to in this subchapter as “covered activities”) funded by the Institute, to—
other Federal, State, tribal, and local public agencies;
private organizations engaged in research relating to—
independent living;
rehabilitation; or
providing rehabilitation or independent living services;
rehabilitation practitioners; and
individuals with disabilities and the individuals’ representatives;
coordinating, through the Interagency Committee established by section 763 of this title, all Federal programs and policies relating to research on disability, independent living, and rehabilitation;
widely disseminating educational materials and research results, concerning ways to maximize the full inclusion and integration into society, employment, independent living, education, health and wellness, family support, and economic and social self-sufficiency of individuals with disabilities, to—
public and private entities, including—
elementary schools and secondary schools (as defined in section 7801 of title 20); and
institutions of higher education;
rehabilitation practitioners;
employers and organizations representing employers with respect to employment-based educational materials or research;
individuals with disabilities (especially such individuals who are members of minority groups or of populations that are unserved or underserved by programs under this chapter);
the individuals’ representatives for the individuals described in subparagraph (D); and
the Committee on Education and the Workforce of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Appropriations of the Senate;
conducting an education program to inform the public about ways of providing for the rehabilitation of individuals with disabilities, including information relating to—
family care;
self-care; and
assistive technology devices and assistive technology services; and
as part of the program, disseminating engineering information about assistive technology devices;
conducting conferences, seminars, and workshops (including in-service training programs and programs for individuals with disabilities) concerning advances in disability, independent living, and rehabilitation research and rehabilitation technology (including advances concerning the selection and use of assistive technology devices and assistive technology services), pertinent to the full inclusion and integration into society, employment, independent living, education, health and wellness, family support, and economic and social self-sufficiency of individuals with disabilities;
producing, in conjunction with the Department of Labor, the National Center for Health Statistics, the Bureau of the Census, the Centers for Medicare & Medicaid Services, the Social Security Administration, the Bureau of Indian Affairs, the Indian Health Service, and other Federal departments and agencies, as may be appropriate, statistical reports and studies on the employment, self-employment, telecommuting, health and wellness, income, education, and other demographic characteristics of individuals with disabilities, including information on individuals with disabilities who live in rural or inner-city settings, with particular attention given to underserved populations, and widely disseminating such reports and studies to rehabilitation professionals, individuals with disabilities, the individuals’ representatives, and others to assist in the planning, assessment, and evaluation of independent living, vocational, and rehabilitation services for individuals with disabilities;
conducting research on consumer satisfaction with independent living and vocational rehabilitation services for the purpose of identifying effective independent living and rehabilitation programs and policies that promote the independence of individuals with disabilities and achievement of long-term independent living and employment goals;
conducting research to examine the relationship between the provision of specific services and successful, sustained employment outcomes, including employment outcomes involving self-employment, supported employment (including customized employment), and telecommuting; and
coordinating activities with the Attorney General regarding the provision of information, training, or technical assistance regarding the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) to ensure consistency with the plan for technical assistance required under section 506 2 of such Act (42 U.S.C. 12206).
Development and dissemination of models
The Director, acting through the Institute or one or more entities funded by the Institute, shall provide for the development and dissemination of models to address consumer-driven information needs related to assistive technology devices and assistive technology services.
The development and dissemination of models may include—
convening groups of individuals with disabilities, family members and advocates of such individuals, commercial producers of assistive technology, and entities funded by the Institute to develop, assess, and disseminate knowledge about information needs related to assistive technology;
identifying the types of information regarding assistive technology devices and assistive technology services that individuals with disabilities find especially useful;
evaluating current models, and developing new models, for transmitting the information described in subparagraph (B) to consumers and to commercial producers of assistive technology; and
disseminating through one or more entities funded by the Institute, the models described in subparagraph (C) and findings regarding the information described in subparagraph (B) to consumers and commercial producers of assistive technology.
Appointment of Director; employment of technical and professional personnel; consultants
The Director of the Institute shall be appointed by the Secretary. The Director shall be an individual with substantial knowledge of and experience in independent living, rehabilitation, and research administration.
The Director, subject to the approval of the President, may appoint, for terms not to exceed three years, without regard to the provisions of title 5 governing appointment in the competitive service, and may compensate, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, such technical and professional employees of the Institute as the Director determines to be necessary to accomplish the functions of the Institute and also appoint and compensate without regard to such provisions, in a number not to exceed one-fifth of the number of full-time, regular technical and professional employees of the Institute.
The Director may obtain the services of consultants, without regard to the provisions of title 5 governing appointments in the competitive service.
Fellowships
The Director, pursuant to regulations which the Secretary shall prescribe, may establish and maintain fellowships with such stipends and allowances, including travel and subsistence expenses provided for under title 5, as the Director considers necessary to procure the assistance of highly qualified research fellows, including individuals with disabilities, from the United States and foreign countries.
Scientific peer review of research, training, and demonstration projects
The Director shall provide for scientific peer review of all applications for financial assistance for research, training, and demonstration projects over which the Director has authority. The scientific peer review shall be conducted by individuals who are not Department of Health and Human Services employees. The Secretary shall consider for peer review individuals who are scientists or other experts in disability, independent living, and rehabilitation, including individuals with disabilities and the individuals’ representatives, and who have sufficient expertise to review the projects.
In providing for such scientific peer review, the Secretary shall provide for training, as necessary and appropriate, to facilitate the effective participation of those individuals selected to participate in such review.
Use of funds
Not less than 90 percent of the funds appropriated under this subchapter for any fiscal year shall be expended by the Director to carry out activities under this subchapter through grants, contracts, or cooperative agreements. Up to 10 percent of the funds appropriated under this subchapter for any fiscal year may be expended directly for the purpose of carrying out the functions of the Director under this section.
5-year plan
The Director shall—
by , and every fifth October 1 thereafter, prepare and publish in the Federal Register for public comment a draft of a 5-year plan that outlines priorities for disability, independent living, and rehabilitation research, demonstration projects, training, dissemination, and related activities and explains the basis for such priorities;
by , and every fifth June 1 thereafter, after considering public comments, submit the plan in final form to the appropriate committees of Congress;
at appropriate intervals, prepare and submit revisions in the plan to the appropriate committees of Congress; and
annually prepare and submit progress reports on the plan to the appropriate committees of Congress.
Such plan shall—
identify any covered activity that should be conducted under this section and section 764 of this title respecting the full inclusion and integration into society of individuals with disabilities, especially in the areas of employment and independent living;
determine the funding priorities for covered activities to be conducted under this section and section 764 of this title;
specify appropriate goals and timetables for covered activities to be conducted under this section and section 764 of this title;
be coordinated with the strategic plan required under section 763(c) of this title—
after consultation with the Disability, Independent Living, and Rehabilitation Research Advisory Council established under section 765 of this title;
in coordination with the Administrator;
after consultation with the National Council on Disability established under subchapter IV, the Secretary of Education, officials responsible for the administration of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15001 et seq.], and the Interagency Committee on Disability Research established under section 763 of this title; and
after full consideration of the input of individuals with disabilities and the individuals’ representatives, organizations representing individuals with disabilities, providers of services furnished under this chapter, researchers in the independent living and rehabilitation fields, and any other persons or entities the Director considers to be appropriate;
be developed by the Director;
specify plans for widespread dissemination of the results of covered activities, and information that clarifies implications of the results for practice, in accessible formats, to rehabilitation practitioners, individuals with disabilities, and the individuals’ representatives; and
specify plans for widespread dissemination of the results of covered activities and information that clarifies implications of the results for practice that concern individuals with disabilities who are members of minority groups or of populations that are unserved or underserved by programs carried out under this chapter.
Cooperation and consultation with other agencies and departments on design of research programs
In order to promote cooperation among Federal departments and agencies conducting research programs, the Director shall consult with the administrators of such programs, and with the Interagency Committee established by section 763 of this title, regarding the design of research projects conducted by such entities and the results and applications of such research.
Comprehensive and coordinated research program; interagency cooperation; research and training center
The Director shall take appropriate actions to provide for a comprehensive and coordinated research program under this subchapter. In providing such a program, the Director may undertake joint activities with other Federal entities engaged in research and with appropriate private entities. Any Federal entity proposing to establish any research project related to the purposes of this chapter shall consult, through the Interagency Committee established by section 763 of this title, with the Director as Chairperson of such Committee and provide the Director with sufficient prior opportunity to comment on such project.
Any person responsible for administering any program of the National Institutes of Health, the Department of Veterans Affairs, the National Science Foundation, the National Aeronautics and Space Administration, the Office of Special Education and Rehabilitative Services, or of any other Federal entity, shall, through the Interagency Committee established by section 763 of this title, consult and cooperate with the Director in carrying out such program if the program is related to the purposes of this subchapter.
Grants for training
The Director shall make grants to institutions of higher education for the training of independent living and rehabilitation researchers, including individuals with disabilities and traditionally underserved populations of individuals with disabilities, as described in section 718 of this title, with particular attention to research areas that—
support the implementation and objectives of this chapter; and
improve the effectiveness of services authorized under this chapter.
Annual report
Not later than December 31 of each year, the Director shall prepare, and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives, a report on the activities funded under this subchapter.
The report under paragraph (1) shall include—
a compilation and summary of the information provided by recipients of funding for such activities under this subchapter;
a summary describing the funding received under this subchapter and the progress of the recipients of the funding in achieving the measurable goals described in section 764(d)(2) of this title; and
a summary of implications of research outcomes on practice.
Action taken for failure to comply
If the Director determines that an entity that receives funding under this subchapter fails to comply with the applicable requirements of this chapter, or to make progress toward achieving the measurable goals described in section 764(d)(2) of this title, with respect to the covered activities involved, the Director shall utilize available monitoring and enforcement measures.
As part of the annual report required under subsection (l), the Secretary shall describe each action taken by the Secretary under paragraph (1) and the outcomes of such action.
Footnotes
- 2 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Rehabilitation Act of 1973
Pub. L. 93–112 title II § 202 · 87 Stat. 355
Enacted · 29 U.S.C. § 762
Pub. L. 93–112, title II, § 202, as added Pub. L. 105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1168
Source evidence
Code source credit
Pub. L. 93–112, title II, § 202, as added Pub. L. 105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1168Enacted provision · exact public law section
Sec. 202. research (a) The Secretary, through the Commissioner, and in Federal grants. coordination with other appropriate programs in the Department of Health, Education, and Welfare, is authorized to make grants to and contracts with States and public or nonprofit agencies and organizations, including institutions of higher education, to pay part of the cost of projects for the purpose of planning and conducting research, demonstrations, and related activities which bear directly on the development of methods, procedures, and devices to assist in the provision of vocational rehabilitation services to handicapped individuals, especially those with the most severe handicaps, under this Act. Such projects may include medical and other scientific, technical, methodological, and other investigations into the nature of disability, methods of analyzing it, and restorative techniques; studies and analyses of industrial, vocational, social, psychological, economic, and other factors affecting rehabilitation of handicapped individuals; special problems of homebound and institutionalized individuals; studies and analyses of architectural and engineering design adapted to meet the special needs of handicapped individuals; and related activities which hold promise of increasing knowledge and improving methods in the rehabilitation of handicapped individuals and individuals with the most severe handicaps. (b) In addition to carrying out projects under subsection (a) of this section, the Secretary, through the Commissioner, and in coordination with other appropriate programs in the Department of Health, Education, and Welfare, is authorized to make grants to pay part or all of the cost of the following specialized research activities: (1) Establishment and support of Rehabilitation Research and Rehabilitation Research and Training Centers establishment. Training Centers to be operated in collaboration with institutions of higher education for the purpose of providing coordinated and advanced programs of research in rehabilitation and training of rehabilitation research personnel, including, but not limited to, graduate training. Grants may include funds for services rendered by such a center to handicapped individuals in connection with such research and training activities. (2) Establishment and support of Rehabilitation Engineering Rehabilitation Engineering Research Centers, establishment. Research Centers to (A) develop innovative methods of applying advanced medical technology, scientific achievement, and psychological and social knowledge to solve, rehabilitation problems through planning and conducting research, including cooperative research with public or private agencies and organizations, designed to produce new scientific knowledge, equipment, and devices suitable for solving problems in the rehabilitation of handicapped individuals and for reducing environmental barriers, and to (B) cooperate with State agencies designated pursuant to section 101 in developing systems of information Ante, p. 363 exchange and coordination to promote the prompt utilization of engineering and other scientific research to assist in solving problems in the rehabilitation of handicapped individuals. (3) Conduct of a program for spinal cord injury research, to include Spinal cord injury research support of spinal cord injuries projects and demonstrations established pursuant to section 303(b), which will (A) insure dissemination Post, p. 379. of research findings among all such centers, (B) provide encouragement and support for initiatives and new approaches by individual and institutional investigators, and (C) establish and maintain close working relationships with other governmental and voluntary institutions and organizations engaged in similar efforts, in order to unify and coordinate scientific efforts, encourage joint planning, and promote the interchange of data and reports among spinal cord injury investigators. (4) Conduct a program for end-stage renal disease research, to include support of projects and demonstrations for providing special services (including transplantation and dialysis), artificial kidneys, and supplies necessary for the rehabilitation of individuals suffering from such disease and which will (A) insure dissemination of research findings, (B) provide encouragement and support for initiatives and new approaches by individual and institutional investigators, and (C) establish and maintain close working relationships with other governmental and voluntary institutions and organizations engaged in similar efforts, in order to unify and coordinate scientific efforts, encourage joint planning, and promote the interchange of data and reports among investigators in the field of end-stage renal disease. No person shall be selected to participate in such program who is eligible for services for such disease under any other provision of law. (5) Conduct of a program for international rehabilitation research, demonstration, and training for the purpose of developing new knowledge and methods in the rehabilitation of handicapped individuals in the United States, cooperating with and assisting in developing and sharing information found useful in other nations in the rehabilitation of handicapped individuals, and initiating a program to exchange experts and technical assistance in the field of rehabilitation of handicapped individuals with other nations as a means of increasing the levels of skill of rehabilitation personnel. (c) The provisions of section 306 shall apply to assistance provided under this section, unless the context indicates to the contrary.Pub. L. 105–277 div. A § 101(f)(tVIII)(s401)(16) · 112 Stat. 2681
Changed · 29 U.S.C. § 762
Pub. L. 105–277 made technical amendment to directory language of Pub. L. 105–220, § 405, which enacted this section
Source evidence
Code amendment note
Pub. L. 105–277 made technical amendment to directory language of Pub. L. 105–220, § 405, which enacted this section.Enacted provision · exact public law section
Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.Developmental Disabilities Assistance and Bill of Rights Act of 2000
Pub. L. 106–402 title IV § 401(b)(3)(B) · 114 Stat. 1677
Substituted · 29 U.S.C. § 762(h)(2)(D)(iii)
Pub. L. 106–402 substituted “Developmental Disabilities Assistance and Bill of Rights Act of 2000” for “Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)”
Source evidence
Code amendment note
Subsec. (h)(2)(D)(iii). Pub. L. 106–402 substituted “Developmental Disabilities Assistance and Bill of Rights Act of 2000” for “Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)”.Enacted provision · exact public law section
(B) Sections 202(h)(2)(D)(iii) and 401(a)(5)(A) of the Rehabilitation Act of 1973 (29 U.S.C. 762(h)(2)(D)(iii), 781(a)(5)(A)) are amended by striking “Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)” and inserting “Developmental Disabilities Assistance and Bill of Rights Act of 2000”.Pub. L. 107–110 title X § 1076(u)(1) · 115 Stat. 1425
Substituted · 29 U.S.C. § 762(b)(4)(A)(i)
Pub. L. 107–110 substituted “7801” for “8801”
Source evidence
Code amendment note
Subsec. (b)(4)(A)(i). Pub. L. 107–110 substituted “7801” for “8801”.Enacted provision · exact public law section
(1) Research.— Section 202(b)(4)(A)(i) of the Rehabilitation Act of 1973 (29 U.S.C. 762(b)(4)(A)(i)) is amended by striking “14101” and inserting “9101”.Medicare Prescription Drug, Improvement, and Modernization Act of 2003
Pub. L. 108–173 title IX § 900(e)(6)(A) · 117 Stat. 2066
Substituted · 29 U.S.C. § 762(b)(8)
Pub. L. 108–173 substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”
Source evidence
Code amendment note
Subsec. (b)(8). Pub. L. 108–173 substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”.Enacted provision · exact public law section
(A) Rehabilitation act of 1973.— Section 202(b)(8) of the Rehabilitation Act of 1973 (29 U.S.C. 762(b)(8)) is amended by striking “Health Care Financing Administration” and inserting “Centers for Medicare & Medicaid Services”.Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(1) · 128 Stat. 1425
Inserted · 29 U.S.C. § 762
Pub. L. 113–128, § 433(1), inserted “, Independent Living,” after “Disability” in section catchline
Source evidence
Code amendment note
Pub. L. 113–128, § 433(1), inserted “, Independent Living,” after “Disability” in section catchline.Enacted provision · exact public law section
(1) in the section heading, by inserting “, independent living,” after “disability”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(2)(A)(i) · 128 Stat. 1425
Substituted · 29 U.S.C. § 762(a)(1)
Pub. L. 113–128, § 433(2)(A)(i), in introductory provisions, substituted “Administration for Community Living of the Department of Health and Human Services a National Institute on Disability, Independent Living, and Rehabilitation Research (referred to in this subchapter as the ‘Institute’), which” for “Department of Education a National Institute on Disability and Rehabilitation Research (hereinafter in this subchapter referred to as the ‘Institute’), which”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 113–128, § 433(2)(A)(i), in introductory provisions, substituted “Administration for Community Living of the Department of Health and Human Services a National Institute on Disability, Independent Living, and Rehabilitation Research (referred to in this subchapter as the ‘Institute’), which” for “Department of Education a National Institute on Disability and Rehabilitation Research (hereinafter in this subchapter referred to as the ‘Institute’), which”.Enacted provision · exact public law section
(i) in the matter preceding subparagraph (A), by striking “Department of Education” and all that follows through “which” and inserting “Administration for Community Living of the Department of Health and Human Services a National Institute on Disability, Independent Living, and Rehabilitation Research (referred to in this title as the ‘Institute’), which”; andWorkforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(2)(A)(ii)(I) · 128 Stat. 1425
Substituted · 29 U.S.C. § 762(a)(1)(A)(ii)
Pub. L. 113–128, § 433(2)(A)(ii)(I), substituted “, training, and technical assistance;” for “and training; and”
Source evidence
Code amendment note
Subsec. (a)(1)(A)(ii). Pub. L. 113–128, § 433(2)(A)(ii)(I), substituted “, training, and technical assistance;” for “and training; and”.Enacted provision · exact public law section
(I) in clause (ii), by striking “and training; and” and inserting “, training, and technical assistance;”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(2)(A)(ii)(II) · 128 Stat. 1425
Added · 29 U.S.C. § 762(a)(1)(A)(iii); 29 U.S.C. § 762(a)(1)(A)(iv)
Pub. L. 113–128, § 433(2)(A)(ii)(II), (III), added cl. (iii)
Redesignated · 29 U.S.C. § 762(a)(1)(A)(iii); 29 U.S.C. § 762(a)(1)(A)(iv)
Pub. L. 113–128, § 433(2)(A)(ii)(II), (III), redesignated former cl. (iii) as (iv)
Source evidence
Code amendment note
Subsec. (a)(1)(A)(iii), (iv). Pub. L. 113–128, § 433(2)(A)(ii)(II), (III), added cl. (iii) and redesignated former cl. (iii) as (iv).Enacted provision · exact public law section
(II) by redesignating clause (iii) as clause (iv); andWorkforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(2)(B) · 128 Stat. 1425
Substituted · 29 U.S.C. § 762(a)(2)
Pub. L. 113–128, § 433(2)(B), substituted “directly responsible to the Administrator for the Administration for Community Living of the Department of Health and Human Services.” for “directly responsible to the Secretary or to the same Under Secretary or Assistant Secretary of the Department of Education to whom the Commissioner is responsible under section 702(a) of this title.”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 113–128, § 433(2)(B), substituted “directly responsible to the Administrator for the Administration for Community Living of the Department of Health and Human Services.” for “directly responsible to the Secretary or to the same Under Secretary or Assistant Secretary of the Department of Education to whom the Commissioner is responsible under section 702(a) of this title.”Enacted provision · exact public law section
(B) in paragraph (2), by striking “directly” and all that follows through the period and inserting “directly responsible to the Administrator for the Administration for Community Living of the Department of Health and Human Services.”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(3)(A) · 128 Stat. 1425
Added · 29 U.S.C. § 762(b)(2)(B)
Pub. L. 113–128, § 433(3)(A), added subpar. (B)
Struck · 29 U.S.C. § 762(b)(2)(B)
Pub. L. 113–128, § 433(3)(A), struck out former subpar. (B) which read as follows: “private organizations engaged in research relating to rehabilitation or providing rehabilitation services;”
Source evidence
Code amendment note
Subsec. (b)(2)(B). Pub. L. 113–128, § 433(3)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: “private organizations engaged in research relating to rehabilitation or providing rehabilitation services;”.Enacted provision · exact public law section
(A) in paragraph (2), by striking subparagraph (B) and inserting the following: “(B) private organizations engaged in research relating to— “(i) independent living; “(ii) rehabilitation; or “(iii) providing rehabilitation or independent living services;” ;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(3)(B) · 128 Stat. 1425
Substituted · 29 U.S.C. § 762(b)(3)
Pub. L. 113–128, § 433(3)(B), substituted “on disability, independent living, and rehabilitation” for “in rehabilitation”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 113–128, § 433(3)(B), substituted “on disability, independent living, and rehabilitation” for “in rehabilitation”.Enacted provision · exact public law section
(B) in paragraph (3), by striking “in rehabilitation” and inserting “on disability, independent living, and rehabilitation”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(3)(C) · 128 Stat. 1425
Inserted · 29 U.S.C. § 762(b)(4)
Pub. L. 113–128, § 433(3)(C), inserted “education, health and wellness,” after “independent living,” in introductory provisions
Added · 29 U.S.C. § 762(b)(4)
Pub. L. 113–128, § 433(3)(C), added subpars. (A) to (F)
Struck · 29 U.S.C. § 762(b)(4)
Pub. L. 113–128, § 433(3)(C), struck out former subpars. (A) to (D) which were substantially similar to subpars. (A), (B), (D), and (E), respectively
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 113–128, § 433(3)(C), inserted “education, health and wellness,” after “independent living,” in introductory provisions, added subpars. (A) to (F), and struck out former subpars. (A) to (D) which were substantially similar to subpars. (A), (B), (D), and (E), respectively.Enacted provision · exact public law section
(C) in paragraph (4)— (i) in the matter preceding subparagraph (A), by inserting “education, health and wellness,” after “independent living,”; and (ii) by striking subparagraphs (A) through (D) and inserting the following: “(A) public and private entities, including— “(i) elementary schools and secondary schools (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); and “(ii) institutions of higher education; “(B) rehabilitation practitioners; “(C) employers and organizations representing employers with respect to employment-based educational materials or research; “(D) individuals with disabilities (especially such individuals who are members of minority groups or of populations that are unserved or underserved by programs under this Act); “(E) the individuals’ representatives for the individuals described in subparagraph (D); and “(F) the Committee on Education and the Workforce of the House of Representatives, the Committee on Appropriations of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Appropriations of the Senate;” ;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(3)(D) · 128 Stat. 1425
Substituted · 29 U.S.C. § 762(b)(6)
Pub. L. 113–128, § 433(3)(D), substituted “advances in disability, independent living, and rehabilitation” for “advances in rehabilitation”
Inserted · 29 U.S.C. § 762(b)(6)
Pub. L. 113–128, § 433(3)(D), inserted “education, health and wellness,” after “employment, independent living,”
Source evidence
Code amendment note
Subsec. (b)(6). Pub. L. 113–128, § 433(3)(D), substituted “advances in disability, independent living, and rehabilitation” for “advances in rehabilitation” and inserted “education, health and wellness,” after “employment, independent living,”.Enacted provision · exact public law section
(D) in paragraph (6)— (i) by striking “advances in rehabilitation” and inserting “advances in disability, independent living, and rehabilitation”; and (ii) by inserting “education, health and wellness,” after “employment, independent living,”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(3)(G) · 128 Stat. 1425
Substituted · 29 U.S.C. § 762(b)(7)
Pub. L. 113–128, § 433(3)(G), substituted “health and wellness, income, education,” for “health, income,”
Substituted · 29 U.S.C. § 762(b)(7)
Pub. L. 113–128, § 433(3)(G), substituted “and evaluation of independent living, vocational, and” for “and evaluation of vocational and other”
Source evidence
Code amendment note
Subsec. (b)(7). Pub. L. 113–128, § 433(3)(G), substituted “health and wellness, income, education,” for “health, income,” and “and evaluation of independent living, vocational, and” for “and evaluation of vocational and other”.Enacted provision · exact public law section
(G) in paragraph (7), as redesignated by subparagraph (F)— (i) by striking “health, income,” and inserting “health and wellness, income, education,”; and (ii) by striking “and evaluation of vocational and other” and inserting “and evaluation of independent living, vocational, and”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(3)(E) · 128 Stat. 1425
Redesignated · 29 U.S.C. § 762(b)(7)
Pub. L. 113–128, § 433(3)(E), (F), redesignated par. (8) as (7)
Struck · 29 U.S.C. § 762(b)(7)
Pub. L. 113–128, § 433(3)(E), (F), struck out former par. (7) which read as follows: “taking whatever action is necessary to keep the Congress fully and currently informed with respect to the implementation and conduct of programs and activities carried out under this subchapter, including dissemination activities;”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 113–128, § 433(3)(E), (F), redesignated par. (8) as (7) and struck out former par. (7) which read as follows: “taking whatever action is necessary to keep the Congress fully and currently informed with respect to the implementation and conduct of programs and activities carried out under this subchapter, including dissemination activities;”.Enacted provision · exact public law section
(E) by striking paragraph (7);Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(3)(F) · 128 Stat. 1425
Redesignated · 29 U.S.C. § 762(b)(8)
Pub. L. 113–128, § 433(3)(F), (H), redesignated par. (9) as (8)
Redesignated · 29 U.S.C. § 762(b)(8)
Pub. L. 113–128, § 433(3)(F), (H), substituted “with independent living and vocational rehabilitation services for the purpose of identifying effective independent living and rehabilitation programs and policies that promote the independence of individuals with disabilities and achievement of long-term independent living and employment goals” for “with vocational rehabilitation services for the purpose of identifying effective rehabilitation programs and policies that promote the independence of individuals with disabilities and achievement of long-term vocational goals”. Former par. (8) redesignated (7)
Source evidence
Code amendment note
Subsec. (b)(8). Pub. L. 113–128, § 433(3)(F), (H), redesignated par. (9) as (8) and substituted “with independent living and vocational rehabilitation services for the purpose of identifying effective independent living and rehabilitation programs and policies that promote the independence of individuals with disabilities and achievement of long-term independent living and employment goals” for “with vocational rehabilitation services for the purpose of identifying effective rehabilitation programs and policies that promote the independence of individuals with disabilities and achievement of long-term vocational goals”. Former par. (8) redesignated (7).Enacted provision · exact public law section
(F) by redesignating paragraphs (8) through (11) as paragraphs (7) through (10), respectively;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(3)(F) · 128 Stat. 1425
Redesignated · 29 U.S.C. § 762(b)(9)
Pub. L. 113–128, § 433(3)(F), (I), redesignated par. (10) as (9)
Redesignated · 29 U.S.C. § 762(b)(9)
Pub. L. 113–128, § 433(3)(F), (I), substituted “, supported employment (including customized employment), and telecommuting; and” for “and telecommuting; and”. Former par. (9) redesignated (8)
Source evidence
Code amendment note
Subsec. (b)(9). Pub. L. 113–128, § 433(3)(F), (I), redesignated par. (10) as (9) and substituted “, supported employment (including customized employment), and telecommuting; and” for “and telecommuting; and”. Former par. (9) redesignated (8).Enacted provision · exact public law section
(F) by redesignating paragraphs (8) through (11) as paragraphs (7) through (10), respectively;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(3)(F) · 128 Stat. 1425
Redesignated · 29 U.S.C. § 762(b)(10); 29 U.S.C. § 762(b)(11)
Pub. L. 113–128, § 433(3)(F), redesignated pars. (10) and (11) as (9) and (10), respectively
Source evidence
Code amendment note
Subsec. (b)(10), (11). Pub. L. 113–128, § 433(3)(F), redesignated pars. (10) and (11) as (9) and (10), respectively.Enacted provision · exact public law section
(F) by redesignating paragraphs (8) through (11) as paragraphs (7) through (10), respectively;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(4) · 128 Stat. 1425
Substituted · 29 U.S.C. § 762(d)(1)
Pub. L. 113–128, § 433(4), substituted “The Director shall be an individual with substantial knowledge of and experience in independent living, rehabilitation, and research administration.” for “The Director shall be an individual with substantial experience in rehabilitation and in research administration.”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 113–128, § 433(4), substituted “The Director shall be an individual with substantial knowledge of and experience in independent living, rehabilitation, and research administration.” for “The Director shall be an individual with substantial experience in rehabilitation and in research administration.”Enacted provision · exact public law section
(4) in subsection (d)(1), by striking the second sentence and inserting the following: “The Director shall be an individual with substantial knowledge of and experience in independent living, rehabilitation, and research administration.”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(5) · 128 Stat. 1425
Substituted · 29 U.S.C. § 762(f)(1)
Pub. L. 113–128, § 433(5), substituted “The scientific peer review shall be conducted by individuals who are not Department of Health and Human Services employees. The Secretary shall consider for peer review individuals who are scientists or other experts in disability, independent living, and rehabilitation, including individuals with disabilities and the individuals’ representatives, and who have sufficient expertise to review the projects.” for “The scientific peer review shall be conducted by individuals who are not Federal employees, who are scientists or other experts in the rehabilitation field (including the independent living field), including knowledgeable individuals with disabilities, and the individuals’ representatives, and who are competent to review applications for the financial assistance.”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 113–128, § 433(5), substituted “The scientific peer review shall be conducted by individuals who are not Department of Health and Human Services employees. The Secretary shall consider for peer review individuals who are scientists or other experts in disability, independent living, and rehabilitation, including individuals with disabilities and the individuals’ representatives, and who have sufficient expertise to review the projects.” for “The scientific peer review shall be conducted by individuals who are not Federal employees, who are scientists or other experts in the rehabilitation field (including the independent living field), including knowledgeable individuals with disabilities, and the individuals’ representatives, and who are competent to review applications for the financial assistance.”Enacted provision · exact public law section
(5) in subsection (f)(1), by striking the second sentence and inserting the following: “The scientific peer review shall be conducted by individuals who are not Department of Health and Human Services employees. The Secretary shall consider for peer review individuals who are scientists or other experts in disability, independent living, and rehabilitation, including individuals with disabilities and the individuals’ representatives, and who have sufficient expertise to review the projects.”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(6)(A) · 128 Stat. 1425
Substituted · 29 U.S.C. § 762(h)(1)(A)
Pub. L. 113–128, § 433(6)(A), substituted “priorities for disability, independent living, and rehabilitation research,” for “priorities for rehabilitation research,”
Inserted · 29 U.S.C. § 762(h)(1)(A)
Pub. L. 113–128, § 433(6)(A), inserted “dissemination,” after “training,”
Source evidence
Code amendment note
Subsec. (h)(1)(A). Pub. L. 113–128, § 433(6)(A), substituted “priorities for disability, independent living, and rehabilitation research,” for “priorities for rehabilitation research,” and inserted “dissemination,” after “training,”.Enacted provision · exact public law section
(A) in paragraph (1)(A)— (i) by striking “priorities for rehabilitation research,” and inserting “priorities for disability, independent living, and rehabilitation research,”; and (ii) by inserting “dissemination,” after “training,”; andWorkforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(6)(B)(i) · 128 Stat. 1425
Substituted · 29 U.S.C. § 762(h)(2)(A)
Pub. L. 113–128, § 433(6)(B)(i), substituted “especially in the areas of employment and independent living” for “especially in the area of employment”
Source evidence
Code amendment note
Subsec. (h)(2)(A). Pub. L. 113–128, § 433(6)(B)(i), substituted “especially in the areas of employment and independent living” for “especially in the area of employment”.Enacted provision · exact public law section
(i) in subparagraph (A), by striking “especially in the area of employment” and inserting “especially in the areas of employment and independent living”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(6)(B)(ii)(I) · 128 Stat. 1425
Substituted · 29 U.S.C. § 762(h)(2)(D)
Pub. L. 113–128, § 433(6)(B)(ii)(I), substituted “coordinated with the strategic plan required under section 763(c) of this title” for “developed by the Director” in introductory provisions
Source evidence
Code amendment note
Subsec. (h)(2)(D). Pub. L. 113–128, § 433(6)(B)(ii)(I), substituted “coordinated with the strategic plan required under section 763(c) of this title” for “developed by the Director” in introductory provisions.Enacted provision · exact public law section
(I) by striking “developed by the Director” and inserting “coordinated with the strategic plan required under section 203(c)”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(6)(B)(ii)(II) · 128 Stat. 1425
Substituted · 29 U.S.C. § 762(h)(2)(D)(i)
Pub. L. 113–128, § 433(6)(B)(ii)(II), substituted “Disability, Independent Living, and Rehabilitation” for “Rehabilitation”
Source evidence
Code amendment note
Subsec. (h)(2)(D)(i). Pub. L. 113–128, § 433(6)(B)(ii)(II), substituted “Disability, Independent Living, and Rehabilitation” for “Rehabilitation”.Enacted provision · exact public law section
(II) in clause (i), by striking “Rehabilitation” and inserting “Disability, Independent Living, and Rehabilitation”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(6)(B)(ii)(III) · 128 Stat. 1425
Substituted · 29 U.S.C. § 762(h)(2)(D)(ii)
Pub. L. 113–128, § 433(6)(B)(ii)(III), substituted “Administrator” for “Commissioner”
Source evidence
Code amendment note
Subsec. (h)(2)(D)(ii). Pub. L. 113–128, § 433(6)(B)(ii)(III), substituted “Administrator” for “Commissioner”.Enacted provision · exact public law section
(III) in clause (ii), by striking “Commissioner” and inserting “Administrator”; andWorkforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(6)(B)(ii)(IV) · 128 Stat. 1425
Substituted · 29 U.S.C. § 762(h)(2)(D)(iv)
Pub. L. 113–128, § 433(6)(B)(ii)(IV), substituted “researchers in the independent living and rehabilitation fields” for “researchers in the rehabilitation field”
Source evidence
Code amendment note
Subsec. (h)(2)(D)(iv). Pub. L. 113–128, § 433(6)(B)(ii)(IV), substituted “researchers in the independent living and rehabilitation fields” for “researchers in the rehabilitation field”.Enacted provision · exact public law section
(IV) in clause (iv), by striking “researchers in the rehabilitation field” and inserting “researchers in the independent living and rehabilitation fields”;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(6)(B)(iv) · 128 Stat. 1425
Redesignated · 29 U.S.C. § 762(h)(2)(E)
Pub. L. 113–128, § 433(6)(B)(iv), added subpar. (E). Former subpar. (E) redesignated (F)
Source evidence
Code amendment note
Subsec. (h)(2)(E). Pub. L. 113–128, § 433(6)(B)(iv), added subpar. (E). Former subpar. (E) redesignated (F).Enacted provision · exact public law section
(iv) by inserting after subparagraph (D) the following: “(E) be developed by the Director;” ;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(6)(B)(iii) · 128 Stat. 1425
Redesignated · 29 U.S.C. § 762(h)(2)(F)
Pub. L. 113–128, § 433(6)(B)(iii), (v), redesignated subpar. (E) as (F)
Redesignated · 29 U.S.C. § 762(h)(2)(F)
Pub. L. 113–128, § 433(6)(B)(iii), (v), inserted “and information that clarifies implications of the results for practice,” after “covered activities,”. Former subpar. (F) redesignated (G)
Source evidence
Code amendment note
Subsec. (h)(2)(F). Pub. L. 113–128, § 433(6)(B)(iii), (v), redesignated subpar. (E) as (F) and inserted “and information that clarifies implications of the results for practice,” after “covered activities,”. Former subpar. (F) redesignated (G).Enacted provision · exact public law section
(iii) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(6)(B)(iii) · 128 Stat. 1425
Redesignated · 29 U.S.C. § 762(h)(2)(G)
Pub. L. 113–128, § 433(6)(B)(iii), (vi), redesignated subpar. (F) as (G)
Inserted · 29 U.S.C. § 762(h)(2)(G)
Pub. L. 113–128, § 433(6)(B)(iii), (vi), inserted “and information that clarifies implications of the results for practice” after “covered activities”
Source evidence
Code amendment note
Subsec. (h)(2)(G). Pub. L. 113–128, § 433(6)(B)(iii), (vi), redesignated subpar. (F) as (G) and inserted “and information that clarifies implications of the results for practice” after “covered activities”.Enacted provision · exact public law section
(iii) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively;Workforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(7) · 128 Stat. 1425
Struck · 29 U.S.C. § 762(j)(3)
Pub. L. 113–128, § 433(7), struck out par. (3) which read as follows: “The Director shall support, directly or by grant or contract, a center associated with an institution of higher education, for research and training concerning the delivery of vocational rehabilitation services to rural areas.”
Source evidence
Code amendment note
Subsec. (j)(3). Pub. L. 113–128, § 433(7), struck out par. (3) which read as follows: “The Director shall support, directly or by grant or contract, a center associated with an institution of higher education, for research and training concerning the delivery of vocational rehabilitation services to rural areas.”Enacted provision · exact public law section
(7) in subsection (j), by striking paragraph (3); andWorkforce Innovation and Opportunity Act
Pub. L. 113–128 § 433(8) · 128 Stat. 1425
Added · 29 U.S.C. § 762(k)(m)
Pub. L. 113–128, § 433(8), added subsecs. (k) to (m)
Struck · 29 U.S.C. § 762(k)(m)
Pub. L. 113–128, § 433(8), struck out former subsec. (k). Prior to amendment, text of subsec. (k) read as follows: “The Director shall make grants to institutions of higher education for the training of rehabilitation researchers, including individuals with disabilities, with particular attention to research areas that support the implementation and objectives of this chapter and that improve the effectiveness of services authorized under this chapter.”
Source evidence
Code amendment note
Subsecs. (k) to (m). Pub. L. 113–128, § 433(8), added subsecs. (k) to (m) and struck out former subsec. (k). Prior to amendment, text of subsec. (k) read as follows: “The Director shall make grants to institutions of higher education for the training of rehabilitation researchers, including individuals with disabilities, with particular attention to research areas that support the implementation and objectives of this chapter and that improve the effectiveness of services authorized under this chapter.”Enacted provision · exact public law section
(8) by striking subsection (k) and inserting the following: “(k) The Director shall make grants to institutions of higher education for the training of independent living and rehabilitation researchers, including individuals with disabilities and traditionally underserved populations of individuals with disabilities, as described in section 21, with particular attention to research areas that— “(1) support the implementation and objectives of this Act; and “(2) improve the effectiveness of services authorized under this Act. “(l) (1) Not later than December 31 of each year, the Director shall prepare, and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives, a report on the activities funded under this title. “(2) The report under paragraph (1) shall include— “(A) a compilation and summary of the information provided by recipients of funding for such activities under this title; “(B) a summary describing the funding received under this title and the progress of the recipients of the funding in achieving the measurable goals described in section 204(d)(2); and “(C) a summary of implications of research outcomes on practice. “(m) (1) If the Director determines that an entity that receives funding under this title fails to comply with the applicable requirements of this Act, or to make progress toward achieving the measurable goals described in section 204(d)(2), with respect to the covered activities involved, the Director shall utilize available monitoring and enforcement measures. “(2) As part of the annual report required under subsection (l), the Secretary shall describe each action taken by the Secretary under paragraph (1) and the outcomes of such action.” .Every Student Succeeds Act
Pub. L. 114–95 title IX § 9215(mmm)(1) · 129 Stat. 1802
Changed · 29 U.S.C. § 762(b)(4)(A)(i)
Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20
Source evidence
Code amendment note
Subsec. (b)(4)(A)(i). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.Enacted provision · exact public law section
(1) Section 202(b)(4)(A)(i) (29 U.S.C. 762(b)(4)(A)(i)) is amended by striking “(as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); and” and inserting “(as defined in section 8101 of the Elementary and Secondary Education Act of 1965); and”.Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.
46 of 46 references resolved to an enrolled provision
Editorial Notes
References in Text
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(10), is Pub. L. 101–336, , 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. Section 506 of the Act was renumbered section 507 by Pub. L. 110–325, § 6(a)(2), , 122 Stat. 3558. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (h)(2)(D)(iii), is Pub. L. 106–402, , 114 Stat. 1677, which is classified principally to chapter 144 (§ 15001 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 15001 of Title 42 and Tables.
Prior Provisions
Provisions similar to this section were contained in section 761a of this title prior to the general amendment of this subchapter by Pub. L. 105–220.
A prior section 762, Pub. L. 93–112, title II, § 204, formerly § 202, , 87 Stat. 375, amended Pub. L. 93–516, title I, § 111(h), , 88 Stat. 1621; Pub. L. 93–651, title I, § 111(h), , 89 Stat. 2–6; renumbered and amended Pub. L. 95–602, title I, §§ 109(3), 110, 111, , 92 Stat. 2963, 2966; Pub. L. 98–221, title I, §§ 104(a)(5), 123, , 98 Stat. 18, 24; Pub. L. 99–506, title I, § 103(d)(2)(C), (h)(2), title III, §§ 302(b), 305, , 100 Stat. 1810, 1811, 1821, 1822; Pub. L. 100–630, title II, § 203(d), , 102 Stat. 3308; Pub. L. 102–569, title I, § 102(p)(14), title II, § 205, , 106 Stat. 4358, 4403; Pub. L. 103–73, title I, § 109(b), , 107 Stat. 726, related to research, prior to the general amendment of this subchapter by Pub. L. 105–220. See section 764 of this title.
Amendments1998–2015 · 6 rounds
2015
Subsec. (b)(4)(A)(i). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.
2014
Pub. L. 113–128, § 433(1), inserted “, Independent Living,” after “Disability” in section catchline.
Subsec. (a)(1). Pub. L. 113–128, § 433(2)(A)(i), in introductory provisions, substituted “Administration for Community Living of the Department of Health and Human Services a National Institute on Disability, Independent Living, and Rehabilitation Research (referred to in this subchapter as the ‘Institute’), which” for “Department of Education a National Institute on Disability and Rehabilitation Research (hereinafter in this subchapter referred to as the ‘Institute’), which”.
Subsec. (a)(1)(A)(ii). Pub. L. 113–128, § 433(2)(A)(ii)(I), substituted “, training, and technical assistance;” for “and training; and”.
Subsec. (a)(1)(A)(iii), (iv). Pub. L. 113–128, § 433(2)(A)(ii)(II), (III), added cl. (iii) and redesignated former cl. (iii) as (iv).
Subsec. (a)(2). Pub. L. 113–128, § 433(2)(B), substituted “directly responsible to the Administrator for the Administration for Community Living of the Department of Health and Human Services.” for “directly responsible to the Secretary or to the same Under Secretary or Assistant Secretary of the Department of Education to whom the Commissioner is responsible under section 702(a) of this title.”
Subsec. (b)(2)(B). Pub. L. 113–128, § 433(3)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: “private organizations engaged in research relating to rehabilitation or providing rehabilitation services;”.
Subsec. (b)(3). Pub. L. 113–128, § 433(3)(B), substituted “on disability, independent living, and rehabilitation” for “in rehabilitation”.
Subsec. (b)(4). Pub. L. 113–128, § 433(3)(C), inserted “education, health and wellness,” after “independent living,” in introductory provisions, added subpars. (A) to (F), and struck out former subpars. (A) to (D) which were substantially similar to subpars. (A), (B), (D), and (E), respectively.
Subsec. (b)(6). Pub. L. 113–128, § 433(3)(D), substituted “advances in disability, independent living, and rehabilitation” for “advances in rehabilitation” and inserted “education, health and wellness,” after “employment, independent living,”.
Subsec. (b)(7). Pub. L. 113–128, § 433(3)(G), substituted “health and wellness, income, education,” for “health, income,” and “and evaluation of independent living, vocational, and” for “and evaluation of vocational and other”.
Pub. L. 113–128, § 433(3)(E), (F), redesignated par. (8) as (7) and struck out former par. (7) which read as follows: “taking whatever action is necessary to keep the Congress fully and currently informed with respect to the implementation and conduct of programs and activities carried out under this subchapter, including dissemination activities;”.
Subsec. (b)(8). Pub. L. 113–128, § 433(3)(F), (H), redesignated par. (9) as (8) and substituted “with independent living and vocational rehabilitation services for the purpose of identifying effective independent living and rehabilitation programs and policies that promote the independence of individuals with disabilities and achievement of long-term independent living and employment goals” for “with vocational rehabilitation services for the purpose of identifying effective rehabilitation programs and policies that promote the independence of individuals with disabilities and achievement of long-term vocational goals”. Former par. (8) redesignated (7).
Subsec. (b)(9). Pub. L. 113–128, § 433(3)(F), (I), redesignated par. (10) as (9) and substituted “, supported employment (including customized employment), and telecommuting; and” for “and telecommuting; and”. Former par. (9) redesignated (8).
Subsec. (b)(10), (11). Pub. L. 113–128, § 433(3)(F), redesignated pars. (10) and (11) as (9) and (10), respectively.
Subsec. (d)(1). Pub. L. 113–128, § 433(4), substituted “The Director shall be an individual with substantial knowledge of and experience in independent living, rehabilitation, and research administration.” for “The Director shall be an individual with substantial experience in rehabilitation and in research administration.”
Subsec. (f)(1). Pub. L. 113–128, § 433(5), substituted “The scientific peer review shall be conducted by individuals who are not Department of Health and Human Services employees. The Secretary shall consider for peer review individuals who are scientists or other experts in disability, independent living, and rehabilitation, including individuals with disabilities and the individuals’ representatives, and who have sufficient expertise to review the projects.” for “The scientific peer review shall be conducted by individuals who are not Federal employees, who are scientists or other experts in the rehabilitation field (including the independent living field), including knowledgeable individuals with disabilities, and the individuals’ representatives, and who are competent to review applications for the financial assistance.”
Subsec. (h)(1)(A). Pub. L. 113–128, § 433(6)(A), substituted “priorities for disability, independent living, and rehabilitation research,” for “priorities for rehabilitation research,” and inserted “dissemination,” after “training,”.
Subsec. (h)(2)(A). Pub. L. 113–128, § 433(6)(B)(i), substituted “especially in the areas of employment and independent living” for “especially in the area of employment”.
Subsec. (h)(2)(D). Pub. L. 113–128, § 433(6)(B)(ii)(I), substituted “coordinated with the strategic plan required under section 763(c) of this title” for “developed by the Director” in introductory provisions.
Subsec. (h)(2)(D)(i). Pub. L. 113–128, § 433(6)(B)(ii)(II), substituted “Disability, Independent Living, and Rehabilitation” for “Rehabilitation”.
Subsec. (h)(2)(D)(ii). Pub. L. 113–128, § 433(6)(B)(ii)(III), substituted “Administrator” for “Commissioner”.
Subsec. (h)(2)(D)(iv). Pub. L. 113–128, § 433(6)(B)(ii)(IV), substituted “researchers in the independent living and rehabilitation fields” for “researchers in the rehabilitation field”.
Subsec. (h)(2)(E). Pub. L. 113–128, § 433(6)(B)(iv), added subpar. (E). Former subpar. (E) redesignated (F).
Subsec. (h)(2)(F). Pub. L. 113–128, § 433(6)(B)(iii), (v), redesignated subpar. (E) as (F) and inserted “and information that clarifies implications of the results for practice,” after “covered activities,”. Former subpar. (F) redesignated (G).
Subsec. (h)(2)(G). Pub. L. 113–128, § 433(6)(B)(iii), (vi), redesignated subpar. (F) as (G) and inserted “and information that clarifies implications of the results for practice” after “covered activities”.
Subsec. (j)(3). Pub. L. 113–128, § 433(7), struck out par. (3) which read as follows: “The Director shall support, directly or by grant or contract, a center associated with an institution of higher education, for research and training concerning the delivery of vocational rehabilitation services to rural areas.”
Subsecs. (k) to (m). Pub. L. 113–128, § 433(8), added subsecs. (k) to (m) and struck out former subsec. (k). Prior to amendment, text of subsec. (k) read as follows: “The Director shall make grants to institutions of higher education for the training of rehabilitation researchers, including individuals with disabilities, with particular attention to research areas that support the implementation and objectives of this chapter and that improve the effectiveness of services authorized under this chapter.”
2003
Subsec. (b)(8). Pub. L. 108–173 substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”.
2002
Subsec. (b)(4)(A)(i). Pub. L. 107–110 substituted “7801” for “8801”.
2000
Subsec. (h)(2)(D)(iii). Pub. L. 106–402 substituted “Developmental Disabilities Assistance and Bill of Rights Act of 2000” for “Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)”.
1998
Pub. L. 105–277 made technical amendment to directory language of Pub. L. 105–220, § 405, which enacted this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–95 effective , except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–110 effective , except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.
References to National Institute of Handicapped Research Amended or Deemed To Be References to National Institute on Disability and Rehabilitation Research
Pub. L. 99–506, title III, § 302(b), , 100 Stat. 1821, provided that: “The Act [this chapter] is amended by striking out ‘National Institute of Handicapped Research’ each place it appears in the Act (including the table of contents) and inserting in lieu thereof ‘National Institute on Disability and Rehabilitation Research’. Any reference in any other provision of law to the ‘National Institute of Handicapped Research’ shall be considered to be a reference to the ‘National Institute on Disability and Rehabilitation Research’.”
[Functions which the Director of the National Institute on Disability and Rehabilitation Research exercised before (including all related functions of any officer or employee of the National Institute on Disability and Rehabilitation Research), transferred to the National Institute on Disability, Independent Living, and Rehabilitation Research, see subsection (n) of section 3515e of Title 42, The Public Health and Welfare.]
Credits
1998–2015 · 7 acts
- 1998Pub. L. 93–112, title II, § 202, as added Pub. L. 105–220, title IV, § 405, , 112 Stat. 1168
- 1998amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 401(16)], , 112 Stat. 2681–337, 2681–412
- 2000Pub. L. 106–402, title IV, § 401(b)(3)(B), , 114 Stat. 1737
- 2002Pub. L. 107–110, title X, § 1076(u)(1), , 115 Stat. 2092
- 2003Pub. L. 108–173, title IX, § 900(e)(6)(A), , 117 Stat. 2373
- 2014Pub. L. 113–128, title IV, § 433, , 128 Stat. 1661
- 2015Pub. L. 114–95, title IX, § 9215(mmm)(1), , 129 Stat. 2188.
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(Pub. L. 93–112, title II, § 202, as added Pub. L. 105–220, title IV, § 405, , 112 Stat. 1168; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 401(16)], , 112 Stat. 2681–337, 2681–412; Pub. L. 106–402, title IV, § 401(b)(3)(B), , 114 Stat. 1737; Pub. L. 107–110, title X, § 1076(u)(1), , 115 Stat. 2092; Pub. L. 108–173, title IX, § 900(e)(6)(A), , 117 Stat. 2373; Pub. L. 113–128, title IV, § 433, , 128 Stat. 1661; Pub. L. 114–95, title IX, § 9215(mmm)(1), , 129 Stat. 2188.)