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United States Code (Last Updated: May 24, 2014) |
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Title 29. LABOR |
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Chapter 16. VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES |
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SubChapter II. RESEARCH AND TRAINING |
§ 762. National Institute on Disability and Rehabilitation Research
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(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; 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.
References In Text
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(11), is Pub. L. 101–336,
The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (h)(2)(D)(iii), is Pub. L. 106–402,
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,
Amendments
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.
Effective Date Of Amendment
Amendment by Pub. L. 107–110 effective
Miscellaneous
Pub. L. 99–506, title III, § 302(b),