§ 762. — National Institute on Disability and Rehabilitation Research.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC762]
TITLE 29--LABOR
CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
SUBCHAPTER II--RESEARCH AND TRAINING
Sec. 762. National Institute on Disability and Rehabilitation
Research
(a) Establishment; Director as principal officer
(1) There is established within the Department of Education a
National Institute on Disability and Rehabilitation Research
(hereinafter in this subchapter referred to as the ``Institute''), which
shall be headed by a Director (hereinafter in this subchapter referred
to as the ``Director''), in order to--
(A) promote, coordinate, and provide for--
(i) research;
(ii) demonstration projects and training; and
(iii) related activities,
with respect to individuals with disabilities;
(B) more effectively carry out activities through the programs
under section 764 of this title and activities under this section;
(C) widely disseminate information from the activities described
in subparagraphs (A) and (B); and
(D) provide leadership in advancing the quality of life of
individuals with disabilities.
(2) In the performance of the functions of the office, the Director
shall be 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.
(b) Duties of Director
The Director, through the Institute, shall be responsible for--
(1) administering the programs described in section 764 of this
title and activities under this section;
(2) 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--
(A) other Federal, State, tribal, and local public agencies;
(B) private organizations engaged in research relating to
rehabilitation or providing rehabilitation services;
(C) rehabilitation practitioners; and
(D) individuals with disabilities and the individuals'
representatives;
(3) coordinating, through the Interagency Committee established
by section 763 of this title, all Federal programs and policies
relating to research in rehabilitation;
(4) widely disseminating educational materials and research
results, concerning ways to maximize the full inclusion and
integration into society, employment, independent living, family
support, and economic and social self-sufficiency of individuals
with disabilities, to--
(A) public and private entities, including--
(i) elementary and secondary schools (as defined in
section 7801 of title 20; \1\ and
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\1\ So in original. A closing parenthesis probably should precede
the semicolon.
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(ii) institutions of higher education;
(B) rehabilitation practitioners;
(C) 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); and
(D) the individuals' representatives for the individuals
described in subparagraph (C);
(5)(A) conducting an education program to inform the public
about ways of providing for the rehabilitation of individuals with
disabilities, including information relating to--
(i) family care;
(ii) self-care; and
(iii) assistive technology devices and assistive technology
services; and
(B) as part of the program, disseminating engineering
information about assistive technology devices;
(6) conducting conferences, seminars, and workshops (including
in-service training programs and programs for individuals with
disabilities) concerning advances in 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, family
support, and economic and social self-sufficiency of individuals
with disabilities;
(7) 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;
(8) producing, in conjunction with the Department of Labor, the
National Center for Health Statistics, the Bureau of the Census, the
Health Care Financing Administration, 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, income, 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 vocational and other
rehabilitation services for individuals with disabilities;
(9) conducting research on consumer satisfaction 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;
(10) conducting research to examine the relationship between the
provision of specific services and successful, sustained employment
outcomes, including employment outcomes involving self-employment
and telecommuting; and
(11) 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 of such Act (42 U.S.C. 12206).
(c) Development and dissemination of models
(1) 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.
(2) The development and dissemination of models may include--
(A) 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;
(B) identifying the types of information regarding assistive
technology devices and assistive technology services that
individuals with disabilities find especially useful;
(C) 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
(D) 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.
(d) Appointment of Director; employment of technical and professional
personnel; consultants
(1) The Director of the Institute shall be appointed by the
Secretary. The Director shall be an individual with substantial
experience in rehabilitation and in research administration.
(2) 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.
(3) The Director may obtain the services of consultants, without
regard to the provisions of title 5 governing appointments in the
competitive service.
(e) 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.
(f) Scientific peer review of research, training, and demonstration
projects
(1) 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
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.
(2) 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.
(g) 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.
(h) 5-year plan
(1) The Director shall--
(A) by October 1, 1998, 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 rehabilitation
research, demonstration projects, training, and related activities
and explains the basis for such priorities;
(B) by June 1, 1999, and every fifth June 1 thereafter, after
considering public comments, submit the plan in final form to the
appropriate committees of Congress;
(C) at appropriate intervals, prepare and submit revisions in
the plan to the appropriate committees of Congress; and
(D) annually prepare and submit progress reports on the plan to
the appropriate committees of Congress.
(2) Such plan shall--
(A) 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 area of employment;
(B) determine the funding priorities for covered activities to
be conducted under this section and section 764 of this title;
(C) specify appropriate goals and timetables for covered
activities to be conducted under this section and section 764 of
this title;
(D) be developed by the Director--
(i) after consultation with the Rehabilitation Research
Advisory Council established under section 765 of this title;
(ii) in coordination with the Commissioner;
(iii) after consultation with the National Council on
Disability established under subchapter IV of this chapter, 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
(iv) 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 rehabilitation field, and any other persons or entities
the Director considers to be appropriate;
(E) specify plans for widespread dissemination of the results of
covered activities, in accessible formats, to rehabilitation
practitioners, individuals with disabilities, and the individuals'
representatives; and
(F) specify plans for widespread dissemination of the results of
covered activities 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.
(i) 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.
(j) Comprehensive and coordinated research program; interagency
cooperation; research and training center
(1) 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.
(2) 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.
(3) 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.
(k) Grants for training
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.
(Pub. L. 93-112, title II, Sec. 202, as added Pub. L. 105-220, title IV,
Sec. 405, Aug. 7, 1998, 112 Stat. 1168; amended Pub. L. 105-277, div. A,
Sec. 101(f) [title VIII, Sec. 401(16)], Oct. 21, 1998, 112 Stat. 2681-
337, 2681-412; Pub. L. 106-402, title IV, Sec. 401(b)(3)(B), Oct. 30,
2000, 114 Stat. 1737; Pub. L. 107-110, title X, Sec. 1076(u)(1), Jan. 8,
2002, 115 Stat. 2092.)
References in Text
The Americans with Disabilities Act of 1990, referred to in subsec.
(b)(11), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended,
which is classified principally to chapter 126 (Sec. 12101 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 12101
of Title 42 and Tables.
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (d)(2), (3), are classified generally to
section 3301 et seq. of Title 5, Government Organization and Employees.
The Developmental Disabilities Assistance and Bill of Rights Act of
2000, referred to in subsec. (h)(2)(D)(iii), is Pub. L. 106-402, Oct.
30, 2000, 114 Stat. 1677, which is classified principally to chapter 144
(Sec. 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, Sec. 204, formerly
Sec. 202, Sept. 26, 1973, 87 Stat. 375, amended Pub. L. 93-516, title I,
Sec. 111(h), Dec. 7, 1974, 88 Stat. 1621; Pub. L. 93-651, title I,
Sec. 111(h), Nov. 21, 1974, 89 Stat. 2-6; renumbered and amended Pub. L.
95-602, title I, Secs. 109(3), 110, 111, Nov. 6, 1978, 92 Stat. 2963,
2966; Pub. L. 98-221, title I, Secs. 104(a)(5), 123, Feb. 22, 1984, 98
Stat. 18, 24; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), (h)(2), title
III, Secs. 302(b), 305, Oct. 21, 1986, 100 Stat. 1810, 1811, 1821, 1822;
Pub. L. 100-630, title II, Sec. 203(d), Nov. 7, 1988, 102 Stat. 3308;
Pub. L. 102-569, title I, Sec. 102(p)(14), title II, Sec. 205, Oct. 29,
1992, 106 Stat. 4358, 4403; Pub. L. 103-73, title I, Sec. 109(b), Aug.
11, 1993, 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.
Amendments
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, Sec. 405, which enacted this section.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-110 effective Jan. 8, 2002, 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, Sec. 302(b), Oct. 21, 1986, 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'.''
Section Referred to in Other Sections
This section is referred to in sections 760, 761, 764, 765 of this
title.
