§ 764. — Research and other covered activities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC764]
TITLE 29--LABOR
CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
SUBCHAPTER II--RESEARCH AND TRAINING
Sec. 764. Research and other covered activities
(a) Federal grants and contracts for certain research projects and
related activities
(1) To the extent consistent with priorities established in the 5-
year plan described in section 762(h) of this title, the Director may
make grants to and contracts with States and public or private agencies
and organizations, including institutions of higher education, Indian
tribes, and tribal organizations, to pay part of the cost of projects
for the purpose of planning and conducting research, demonstration
projects, training, and related activities, the purposes of which are to
develop methods, procedures, and rehabilitation technology, that
maximize the full inclusion and integration into society, employment,
independent living, family support, and economic and social self-
sufficiency of individuals with disabilities, especially individuals
with the most significant disabilities, and improve the effectiveness of
services authorized under this chapter.
(2)(A) In carrying out this section, the Director shall emphasize
projects that support the implementation of subchapters I, III, V, VI,
and VII of this chapter, including projects addressing the needs
described in the State plans submitted under section 721 or 796c of this
title by State agencies.
(B) Such projects, as described in the State plans submitted by
State agencies, may include--
(i) medical and other scientific, technical, methodological, and
other investigations into the nature of disability, methods of
analyzing it, and restorative techniques, including basic research
where related to rehabilitation techniques or services;
(ii) studies and analysis of industrial, vocational, social,
recreational, psychiatric, psychological, economic, and other
factors affecting rehabilitation of individuals with disabilities;
(iii) studies and analysis of special problems of individuals
who are homebound and individuals who are institutionalized;
(iv) studies, analyses, and demonstrations of architectural and
engineering design adapted to meet the special needs of individuals
with disabilities;
(v) studies, analyses, and other activities related to supported
employment;
(vi) related activities which hold promise of increasing
knowledge and improving methods in the rehabilitation of individuals
with disabilities and individuals with the most significant
disabilities, particularly individuals with disabilities, and
individuals with the most significant disabilities, who are members
of populations that are unserved or underserved by programs under
this chapter; and
(vii) studies, analyses, and other activities related to job
accommodations, including the use of rehabilitation engineering and
assistive technology.
(b) Research grants
(1) In addition to carrying out projects under subsection (a) of
this section, the Director may make grants under this subsection
(referred to in this subsection as ``research grants'') to pay part or
all of the cost of the research or other specialized covered activities
described in paragraphs (2) through (18). A research grant made under
any of paragraphs (2) through (18) may only be used in a manner
consistent with priorities established in the 5-year plan described in
section 762(h) of this title.
(2)(A) Research grants may be used for the establishment and support
of Rehabilitation Research and Training Centers, for the purpose of
providing an integrated program of research, which Centers shall--
(i) be operated in collaboration with institutions of higher
education or providers of rehabilitation services or other
appropriate services; and
(ii) serve as centers of national excellence and national or
regional resources for providers and individuals with disabilities
and the individuals' representatives.
(B) The Centers shall conduct research and training activities by--
(i) conducting coordinated and advanced programs of research in
rehabilitation targeted toward the production of new knowledge that
will improve rehabilitation methodology and service delivery
systems, alleviate or stabilize disabling conditions, and promote
maximum social and economic independence of individuals with
disabilities, especially promoting the ability of the individuals to
prepare for, secure, retain, regain, or advance in employment;
(ii) providing training (including graduate, pre-service, and
in-service training) to assist individuals to more effectively
provide rehabilitation services;
(iii) providing training (including graduate, pre-service, and
in-service training) for rehabilitation research personnel and other
rehabilitation personnel; and
(iv) serving as an informational and technical assistance
resource to providers, individuals with disabilities, and the
individuals' representatives, through conferences, workshops, public
education programs, in-service training programs, and similar
activities.
(C) The research to be carried out at each such Center may include--
(i) basic or applied medical rehabilitation research;
(ii) research regarding the psychological and social aspects of
rehabilitation, including disability policy;
(iii) research related to vocational rehabilitation;
(iv) continuation of research that promotes the emotional,
social, educational, and functional growth of children who are
individuals with disabilities;
(v) continuation of research to develop and evaluate
interventions, policies, and services that support families of those
children and adults who are individuals with disabilities; and
(vi) continuation of research that will improve services and
policies that foster the productivity, independence, and social
integration of individuals with disabilities, and enable individuals
with disabilities, including individuals with mental retardation and
other developmental disabilities, to live in their communities.
(D) Training of students preparing to be rehabilitation personnel
shall be an important priority for such a Center.
(E) The Director shall make grants under this paragraph to establish
and support both comprehensive centers dealing with multiple
disabilities and centers primarily focused on particular disabilities.
(F) Grants made under this paragraph may be used to provide funds
for services rendered by such a Center to individuals with disabilities
in connection with the research and training activities.
(G) Grants made under this paragraph may be used to provide faculty
support for teaching--
(i) rehabilitation-related courses of study for credit; and
(ii) other courses offered by the Centers, either directly or
through another entity.
(H) The research and training activities conducted by such a Center
shall be conducted in a manner that is accessible to and usable by
individuals with disabilities.
(I) The Director shall encourage the Centers to develop practical
applications for the findings of the research of the Centers.
(J) In awarding grants under this paragraph, the Director shall take
into consideration the location of any proposed Center and the
appropriate geographic and regional allocation of such Centers.
(K) To be eligible to receive a grant under this paragraph, each
such institution or provider described in subparagraph (A) shall--
(i) be of sufficient size, scope, and quality to effectively
carry out the activities in an efficient manner consistent with
appropriate Federal and State law; and
(ii) demonstrate the ability to carry out the training
activities either directly or through another entity that can
provide such training.
(L) The Director shall make grants under this paragraph for periods
of 5 years, except that the Director may make a grant for a period of
less than 5 years if--
(i) the grant is made to a new recipient; or
(ii) the grant supports new or innovative research.
(M) Grants made under this paragraph shall be made on a competitive
basis. To be eligible to receive a grant under this paragraph, a
prospective grant recipient shall submit an application to the Director
at such time, in such manner, and containing such information as the
Director may require.
(N) In conducting scientific peer review under section 762(f) of
this title of an application for the renewal of a grant made under this
paragraph, the peer review panel shall take into account the past
performance of the applicant in carrying out the grant and input from
individuals with disabilities and the individuals' representatives.
(O) An institution or provider that receives a grant under this
paragraph to establish such a Center may not collect more than 15
percent of the amount of the grant received by the Center in indirect
cost charges.
(3)(A) Research grants may be used for the establishment and support
of Rehabilitation Engineering Research Centers, operated by or in
collaboration with institutions of higher education or nonprofit
organizations, to conduct research or demonstration activities, and
training activities, regarding rehabilitation technology, including
rehabilitation engineering, assistive technology devices, and assistive
technology services, for the purposes of enhancing opportunities for
better meeting the needs of, and addressing the barriers confronted by,
individuals with disabilities in all aspects of their lives.
(B) In order to carry out the purposes set forth in subparagraph
(A), such a Center shall carry out the research or demonstration
activities by--
(i) developing and disseminating innovative methods of applying
advanced technology, scientific achievement, and psychological and
social knowledge to--
(I) solve rehabilitation problems and remove environmental
barriers through planning and conducting research, including
cooperative research with public or private agencies and
organizations, designed to produce new scientific knowledge, and
new or improved methods, equipment, and devices; and
(II) study new or emerging technologies, products, or
environments, and the effectiveness and benefits of such
technologies, products, or environments;
(ii) demonstrating and disseminating--
(I) innovative models for the delivery, to rural and urban
areas, of cost-effective rehabilitation technology services that
promote utilization of assistive technology devices; and
(II) other scientific research to assist in meeting the
employment and independent living needs of individuals with
significant disabilities; or
(iii) conducting research or demonstration activities that
facilitate service delivery systems change by demonstrating,
evaluating, documenting, and disseminating--
(I) consumer responsive and individual and family-centered
innovative models for the delivery to both rural and urban
areas, of innovative cost-effective rehabilitation technology
services that promote utilization of rehabilitation technology;
and
(II) other scientific research to assist in meeting the
employment and independent living needs of, and addressing the
barriers confronted by, individuals with disabilities, including
individuals with significant disabilities.
(C) To the extent consistent with the nature and type of research or
demonstration activities described in subparagraph (B), each Center
established or supported through a grant made available under this
paragraph shall--
(i) cooperate with programs established under the Assistive
Technology Act of 1998 [29 U.S.C. 3001 et seq.] and other regional
and local programs to provide information to individuals with
disabilities and the individuals' representatives to--
(I) increase awareness and understanding of how
rehabilitation technology can address their needs; and
(II) increase awareness and understanding of the range of
options, programs, services, and resources available, including
financing options for the technology and services covered by the
area of focus of the Center;
(ii) provide training opportunities to individuals, including
individuals with disabilities, to become researchers of
rehabilitation technology and practitioners of rehabilitation
technology in conjunction with institutions of higher education and
nonprofit organizations; and
(iii) respond, through research or demonstration activities, to
the needs of individuals with all types of disabilities who may
benefit from the application of technology within the area of focus
of the Center.
(D)(i) In establishing Centers to conduct the research or
demonstration activities described in subparagraph (B)(iii), the
Director may establish one Center in each of the following areas of
focus:
(I) Early childhood services, including early intervention and
family support.
(II) Education at the elementary and secondary levels, including
transition from school to postschool activities.
(III) Employment, including supported employment, and reasonable
accommodations and the reduction of environmental barriers as
required by the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) and subchapter V of this chapter.
(IV) Independent living, including transition from institutional
to community living, maintenance of community living on leaving the
workforce, self-help skills, and activities of daily living.
(ii) Each Center conducting the research or demonstration activities
described in subparagraph (B)(iii) shall have an advisory committee, of
which the majority of members are individuals with disabilities who are
users of rehabilitation technology, and the individuals'
representatives.
(E) Grants made under this paragraph shall be made on a competitive
basis and shall be for a period of 5 years, except that the Director may
make a grant for a period of less than 5 years if--
(i) the grant is made to a new recipient; or
(ii) the grant supports new or innovative research.
(F) To be eligible to receive a grant under this paragraph, a
prospective grant recipient shall submit an application to the Director
at such time, in such manner, and containing such information as the
Director may require.
(G) Each Center established or supported through a grant made
available under this paragraph shall--
(i) cooperate with State agencies and other local, State,
regional, and national programs and organizations developing or
delivering rehabilitation technology, including State programs
funded under the Assistive Technology Act of 1998 [29 U.S.C. 3001 et
seq.]; and
(ii) prepare and submit to the Director as part of an
application for continuation of a grant, or as a final report, a
report that documents the outcomes of the program of the Center in
terms of both short- and long-term impact on the lives of
individuals with disabilities, and such other information as may be
requested by the Director.
(4)(A) Research grants may be used to conduct a program for spinal
cord injury research, including conducting such a program by making
grants to public or private agencies and organizations to pay part or
all of the costs of special projects and demonstration projects for
spinal cord injuries, that will--
(i) ensure widespread dissemination of research findings among
all Spinal Cord Injury Centers, to rehabilitation practitioners,
individuals with spinal cord injury, the individuals'
representatives, and organizations receiving financial assistance
under this paragraph;
(ii) provide encouragement and support for initiatives and new
approaches by individual and institutional investigators; and
(iii) 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
investigations.
(B) Any agency or organization carrying out a project or
demonstration project assisted by a grant under this paragraph that
provides services to individuals with spinal cord injuries shall--
(i) establish, on an appropriate regional basis, a
multidisciplinary system of providing vocational and other
rehabilitation services, specifically designed to meet the special
needs of individuals with spinal cord injuries, including acute care
as well as periodic inpatient or outpatient followup and services;
(ii) demonstrate and evaluate the benefits to individuals with
spinal cord injuries served in, and the degree of cost-effectiveness
of, such a regional system;
(iii) demonstrate and evaluate existing, new, and improved
methods and rehabilitation technology essential to the care,
management, and rehabilitation of individuals with spinal cord
injuries; and
(iv) demonstrate and evaluate methods of community outreach for
individuals with spinal cord injuries and community education in
connection with the problems of such individuals in areas such as
housing, transportation, recreation, employment, and community
activities.
(C) In awarding grants under this paragraph, the Director shall take
into account the location of any proposed Spinal Cord Injury Center and
the appropriate geographic and regional allocation of such Centers.
(5) Research grants may be used to 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 with such disease and which will--
(A) ensure dissemination of research findings;
(B) provide encouragement and support for initiatives and new
approaches by individuals 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.
(6) Research grants may be used to conduct a program for
international rehabilitation research, demonstration, and training for
the purpose of developing new knowledge and methods in the
rehabilitation of individuals with disabilities in the United States,
cooperating with and assisting in developing and sharing information
found useful in other nations in the rehabilitation of individuals with
disabilities, and initiating a program to exchange experts and technical
assistance in the field of rehabilitation of individuals with
disabilities with other nations as a means of increasing the levels of
skill of rehabilitation personnel.
(7) Research grants may be used to conduct a research program
concerning the use of existing telecommunications systems (including
telephone, television, satellite, radio, and other similar systems)
which have the potential for substantially improving service delivery
methods, and the development of appropriate programming to meet the
particular needs of individuals with disabilities.
(8) Research grants may be used to conduct a program of joint
projects with the National Institutes of Health, the National Institute
of Mental Health, the Health Services Administration, the Administration
on Aging, the National Science Foundation, the Veterans' Administration,
the Department of Health and Human Services, the National Aeronautics
and Space Administration, other Federal agencies, and private industry
in areas of joint interest involving rehabilitation.
(9) Research grants may be used to conduct a program of research
related to the rehabilitation of children, or older individuals, who are
individuals with disabilities, including older American Indians who are
individuals with disabilities. Such research program may include
projects designed to assist the adjustment of, or maintain as residents
in the community, older workers who are individuals with disabilities on
leaving the workforce.
(10) Research grants may be used to conduct a research program to
develop and demonstrate innovative methods to attract and retain
professionals to serve in rural areas in the rehabilitation of
individuals with disabilities, including individuals with significant
disabilities.
(11) Research grants may be used to conduct a model research and
demonstration project designed to assess the feasibility of establishing
a center for producing and distributing to individuals who are deaf or
hard of hearing captioned video cassettes providing a broad range of
educational, cultural, scientific, and vocational programming.
(12) Research grants may be used to conduct a model research and
demonstration program to develop innovative methods of providing
services for preschool age children who are individuals with
disabilities, including--
(A) early intervention, assessment, parent counseling, infant
stimulation, early identification, diagnosis, and evaluation of
children who are individuals with significant disabilities up to the
age of five, with a special emphasis on children who are individuals
with significant disabilities up to the age of three;
(B) such physical therapy, language development, pediatric,
nursing, psychological, and psychiatric services as are necessary
for such children; and
(C) appropriate services for the parents of such children,
including psychological and psychiatric services, parent counseling,
and training.
(13) Research grants may be used to conduct a model research and
training program under which model training centers shall be established
to develop and use more advanced and effective methods of evaluating and
addressing the employment needs of individuals with disabilities,
including programs that--
(A) provide training and continuing education for personnel
involved with the employment of individuals with disabilities;
(B) develop model procedures for testing and evaluating the
employment needs of individuals with disabilities;
(C) develop model training programs to teach individuals with
disabilities skills which will lead to appropriate employment;
(D) develop new approaches for job placement of individuals with
disabilities, including new followup procedures relating to such
placement;
(E) provide information services regarding education, training,
employment, and job placement for individuals with disabilities; and
(F) develop new approaches and provide information regarding job
accommodations, including the use of rehabilitation engineering and
assistive technology.
(14) Research grants may be used to conduct a rehabilitation
research program under which financial assistance is provided in order
to--
(A) test new concepts and innovative ideas;
(B) demonstrate research results of high potential benefits;
(C) purchase prototype aids and devices for evaluation;
(D) develop unique rehabilitation training curricula; and
(E) be responsive to special initiatives of the Director.
No single grant under this paragraph may exceed $50,000 in any fiscal
year and all payments made under this paragraph in any fiscal year may
not exceed 5 percent of the amount available for this section to the
National Institute on Disability and Rehabilitation Research in any
fiscal year. Regulations and administrative procedures with respect to
financial assistance under this paragraph shall, to the maximum extent
possible, be expedited.
(15) Research grants may be used to conduct studies of the
rehabilitation needs of American Indian populations and of effective
mechanisms for the delivery of rehabilitation services to Indians
residing on and off reservations.
(16) Research grants may be used to conduct a demonstration program
under which one or more projects national in scope shall be established
to develop procedures to provide incentives for the development,
manufacturing, and marketing of orphan technological devices, including
technology transfer concerning such devices, designed to enable
individuals with disabilities to achieve independence and access to
gainful employment.
(17)(A) Research grants may be used to conduct a research program
related to quality assurance in the area of rehabilitation technology.
(B) Activities carried out under the research program may include--
(i) the development of methodologies to evaluate rehabilitation
technology products and services and the dissemination of the
methodologies to consumers and other interested parties;
(ii) identification of models for service provider training and
evaluation and certification of the effectiveness of the models;
(iii) identification and dissemination of outcome measurement
models for the assessment of rehabilitation technology products and
services; and
(iv) development and testing of research-based tools to enhance
consumer decisionmaking about rehabilitation technology products and
services.
(18) Research grants may be used to provide for research and
demonstration projects and related activities that explore the use and
effectiveness of specific alternative or complementary medical practices
for individuals with disabilities. Such projects and activities may
include projects and activities designed to--
(A) determine the use of specific alternative or complementary
medical practices among individuals with disabilities and the
perceived effectiveness of the practices;
(B) determine the specific information sources, decisionmaking
methods, and methods of payment used by individuals with
disabilities who access alternative or complementary medical
services;
(C) develop criteria to screen and assess the validity of
research studies of such practices for individuals with
disabilities; and
(D) determine the effectiveness of specific alternative or
complementary medical practices that show promise for promoting
increased functioning, prevention of secondary disabilities, or
other positive outcomes for individuals with certain types of
disabilities, by conducting controlled research studies.
(c) Site visits; grant limitations
(1) In carrying out evaluations of covered activities under this
section, the Director is authorized to make arrangements for site visits
to obtain information on the accomplishments of the projects.
(2) The Director shall not make a grant under this section that
exceeds $500,000 unless the peer review of the grant application has
included a site visit.
(Pub. L. 93-112, title II, Sec. 204, as added Pub. L. 105-220, title IV,
Sec. 405, Aug. 7, 1998, 112 Stat. 1173; 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. 105-394, title IV, Sec. 402(b), Nov. 13, 1998,
112 Stat. 3661.)
References in Text
The Assistive Technology Act of 1998, referred to in subsec.
(b)(3)(C)(i), (G)(i), is Pub. L. 105-394, Nov. 13, 1998, 112 Stat. 3627,
which is classified principally to chapter 31 (Sec. 3001 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 3001 of this title and Tables.
The Americans with Disabilities Act of 1990, referred to in subsec.
(b)(3)(D)(i)(III), 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.
Prior Provisions
Provisions similar to this section were contained in section 762 of
this title prior to the general amendment of this subchapter by Pub. L.
105-220.
A prior section 764, Pub. L. 93-112, title II, Sec. 204, Sept. 26,
1973, 87 Stat. 376, provided that a full report on research and training
activities be included in annual report to Congress, prior to repeal by
Pub. L. 95-602, title I, Sec. 109(3), Nov. 6, 1978, 92 Stat. 2963.
Amendments
1998--Pub. L. 105-277 made technical amendment to directory language
of Pub. L. 105-220, Sec. 405, which enacted this section.
Subsec. (b)(3)(C)(i), (G)(i). Pub. L. 105-394 substituted ``the
Assistive Technology Act of 1998'' for ``the Technology-Related
Assistance for Individuals With Disabilities Act of 1988 (29 U.S.C. 2201
et seq.)''.
Section Referred to in Other Sections
This section is referred to in section 761 of this title; title 38
sections 3904, 7303.
