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29 U.S.C. § 762 — National Institute on Disability, Inde-

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29 U.S.C. § 762 — National Institute on Disability, Inde-

Page 256 TITLE 29—LABOR § 761 Par. (3). Pub. L. 113–128, § 431(3), in introductory provi- sions, inserted ‘‘and use’’ after ‘‘transfer’’ and ‘‘, in a timely and efficient manner,’’ after ‘‘disabilities’’. Par. (4). Pub. L. 113–128, § 431(4), substituted ‘‘dissemi- nation’’ for ‘‘distribution’’ in introductory provisions. Par. (5). Pub. L. 113–128, § 431(5), inserted ‘‘, including individuals with intellectual and psychiatric disabil- ities,’’ after ‘‘disabilities’’ and struck out ‘‘and’’ after semicolon at end. Par. (6). Pub. L. 113–128, § 431(7), added par. (6). Former par. (6) redesignated (7). Par. (7). Pub. L. 113–128, § 431(6), redesignated par. (6) as (7). Par. (8). Pub. L. 113–128, § 431(8), (9), added par. (8). 1998—Pub. L. 105–277 made technical amendment to directory language of Pub. L. 105–220, § 405, which en- acted this section. § 761. Authorization of appropriations There are authorized to be appropriated to carry out this subchapter $103,970,000 for fiscal year 2015, $112,001,000 for fiscal year 2016, $114,325,000 for fiscal year 2017, $116,860,000 for fiscal year 2018, $119,608,000 for fiscal year 2019, and $122,143,000 for fiscal year 2020. (Pub. L. 93–112, title II, § 201, as added Pub. L. 105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1168; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 401(16)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; Pub. L. 113–128, title IV, § 432, July 22, 2014, 128 Stat. 1660.) Editorial Notes PRIOR PROVISIONS Prior sections 761 to 761b were omitted in the general amendment of this subchapter by Pub. L. 105–220. Section 761, Pub. L. 93–112, title II, § 201, Sept. 26, 1973, 87 Stat. 374; Pub. L. 93–516, title I, § 103, Dec. 7, 1974, 88 Stat. 1618; Pub. L. 93–651, title I, § 103, No

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Page 256 TITLE 29—LABOR § 761 Par. (3). Pub. L. 113–128, § 431(3), in introductory provi- sions, inserted ‘‘and use’’ after ‘‘transfer’’ and ‘‘, in a timely and efficient manner,’’ after ‘‘disabilities’’. Par. (4). Pub. L. 113–128, § 431(4), substituted ‘‘dissemi- nation’’ for ‘‘distribution’’ in introductory provisions. Par. (5). Pub. L. 113–128, § 431(5), inserted ‘‘, including individuals with intellectual and psychiatric disabil- ities,’’ after ‘‘disabilities’’ and struck out ‘‘and’’ after semicolon at end. Par. (6). Pub. L. 113–128, § 431(7), added par. (6). Former par. (6) redesignated (7). Par. (7). Pub. L. 113–128, § 431(6), redesignated par. (6) as (7). Par. (8). Pub. L. 113–128, § 431(8), (9), added par. (8). 1998—Pub. L. 105–277 made technical amendment to directory language of Pub. L. 105–220, § 405, which en- acted this section. § 761. Authorization of appropriations There are authorized to be appropriated to carry out this subchapter $103,970,000 for fiscal year 2015, $112,001,000 for fiscal year 2016, $114,325,000 for fiscal year 2017, $116,860,000 for fiscal year 2018, $119,608,000 for fiscal year 2019, and $122,143,000 for fiscal year 2020. (Pub. L. 93–112, title II, § 201, as added Pub. L. 105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1168; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 401(16)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; Pub. L. 113–128, title IV, § 432, July 22, 2014, 128 Stat. 1660.) Editorial Notes PRIOR PROVISIONS Prior sections 761 to 761b were omitted in the general amendment of this subchapter by Pub. L. 105–220. Section 761, Pub. L. 93–112, title II, § 201, Sept. 26, 1973, 87 Stat. 374; Pub. L. 93–516, title I, § 103, Dec. 7, 1974, 88 Stat. 1618; Pub. L. 93–651, title I, § 103, Nov. 21, 1974, 89 Stat. 2–3; Pub. L. 94–230, §§ 3, 11(b)(5), (6), Mar. 15, 1976, 90 Stat. 211, 213; Pub. L. 95–602, title I, § 108, Nov. 6, 1978, 92 Stat. 2962; Pub. L. 98–221, title I, § 121, Feb. 22, 1984, 98 Stat. 23; Pub. L. 99–506, title III, § 301, Oct. 21, 1986, 100 Stat. 1820; Pub. L. 100–630, title II, § 203(a), Nov. 7, 1988, 102 Stat. 3307; Pub. L. 102–52, § 3, June 6, 1991, 105 Stat. 260; Pub. L. 102–569, title II, § 202, Oct. 29, 1992, 106 Stat. 4398, authorized appropriations. Section 761a, Pub. L. 93–112, title II, § 202, as added Pub. L. 95–602, title I, § 109(4), Nov. 6, 1978, 92 Stat. 2963; amended Pub. L. 98–221, title I, §§ 104(a)(4), (b)(1), 122, Feb. 22, 1984, 98 Stat. 18, 23; Pub. L. 99–506, title I, § 103(d)(2)(C), title III, §§ 302, 303, title X, §§ 1001(c), 1002(c), Oct. 21, 1986, 100 Stat. 1810, 1820, 1821, 1842, 1844; Pub. L. 100–630, title II, § 203(b), Nov. 7, 1988, 102 Stat. 3307; Pub. L. 102–54, § 13(k)(1)(A), June 13, 1991, 105 Stat. 276; Pub. L. 102–569, title I, § 102(p)(12), title II, § 203, Oct. 29, 1992, 106 Stat. 4357, 4399; Pub. L. 103–73, title I, §§ 102(4), 109(a), Aug. 11, 1993, 107 Stat. 718, 725; Pub. L. 103–218, title IV, § 402(a), Mar. 9, 1994, 108 Stat. 96; Pub. L. 103–382, title III, § 394(i)(1), Oct. 20, 1994, 108 Stat. 4028, related to National Institute on Disability and Reha- bilitation Research. See section 762 of this title. Section 761b, Pub. L. 93–112, title II, § 203, as added Pub. L. 95–602, title I, § 109(4), Nov. 6, 1978, 92 Stat. 2965; amended Pub. L. 96–88, title V, § 508(m)(1), Oct. 17, 1979, 93 Stat. 694; Pub. L. 98–221, title I, § 104(b)(2), Feb. 22, 1984, 98 Stat. 18; Pub. L. 99–506, title I, § 103(d)(2)(C), title III, § 304, Oct. 21, 1986, 100 Stat. 1810, 1822; Pub. L. 100–630, title II, § 203(c), Nov. 7, 1988, 102 Stat. 3307; Pub. L. 102–54, § 13(k)(1)(B), June 13, 1991, 105 Stat. 276; Pub. L. 102–569, title I, § 102(p)(13), title II, § 204, Oct. 29, 1992, 106 Stat. 4358, 4403, related to Interagency Committee on Disability Research. See section 763 of this title. AMENDMENTS 2014—Pub. L. 113–128 amended section generally. Prior to amendment, section authorized appropriations to carry out sections 762 and 764 of this title for fiscal years 1999 through 2003. 1998—Pub. L. 105–277 made technical amendment to directory language of Pub. L. 105–220, § 405, which en- acted this section. § 762. National Institute on Disability, Inde- pendent Living, and Rehabilitation Research (a) Establishment; Director as principal officer (1) There is established within the Administra- tion for Community Living of the Department of Health and Human Services a National Institute on Disability, Independent Living, and Rehabili- tation 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— (A) promote, coordinate, and provide for— (i) research; (ii) demonstration projects, training, and technical assistance; (iii) outreach and information that clari- fies research implications for policy and practice; and (iv) 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 qual- ity of life of individuals with disabilities. (2) 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. (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, conclu- sions, and recommendations, resulting from research, demonstration projects, training, and related activities (referred to in this sub- chapter as ‘‘covered activities’’) funded by the Institute, to— (A) other Federal, State, tribal, and local public agencies; (B) private organizations engaged in re- search relating to— (i) independent living; (ii) rehabilitation; or (iii) providing rehabilitation or inde- pendent living services; (C) rehabilitation practitioners; and (D) individuals with disabilities and the in- dividuals’ representatives; (3) coordinating, through the Interagency Committee established by section 763 of this title, all Federal programs and policies relat- ing to research on disability, independent liv- ing, and rehabilitation; (4) widely disseminating educational mate- rials and research results, concerning ways to Page 257 TITLE 29—LABOR § 762 2 See References in Text note below. maximize the full inclusion and integration into society, employment, independent living, education, health and wellness, family sup- port, and economic and social self-sufficiency of individuals with disabilities, to— (A) public and private entities, including— (i) elementary schools and secondary schools (as defined in section 7801 of title 20); and (ii) institutions of higher education; (B) rehabilitation practitioners; (C) employers and organizations rep- resenting employers with respect to employ- ment-based educational materials or re- search; (D) individuals with disabilities (especially such individuals who are members of minor- ity groups or of populations that are unserved or underserved by programs under this chapter); (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 Appro- priations of the Senate; (5)(A) conducting an education program to inform the public about ways of providing for the rehabilitation of individuals with disabil- ities, including information relating to— (i) family care; (ii) self-care; and (iii) assistive technology devices and as- sistive technology services; and (B) as part of the program, disseminating en- gineering information about assistive tech- nology devices; (6) conducting conferences, seminars, and workshops (including in-service training pro- grams and programs for individuals with dis- abilities) concerning advances in disability, independent living, and rehabilitation re- search and rehabilitation technology (includ- ing advances concerning the selection and use of assistive technology devices and assistive technology services), pertinent to the full in- clusion and integration into society, employ- ment, independent living, education, health and wellness, family support, and economic and social self-sufficiency of individuals with disabilities; (7) producing, in conjunction with the De- partment of Labor, the National Center for Health Statistics, the Bureau of the Census, the Centers for Medicare & Medicaid Services, the Social Security Administration, the Bu- reau of Indian Affairs, the Indian Health Serv- ice, and other Federal departments and agen- cies, as may be appropriate, statistical reports and studies on the employment, self-employ- ment, telecommuting, health and wellness, in- come, education, and other demographic char- acteristics of individuals with disabilities, in- cluding information on individuals with dis- abilities who live in rural or inner-city set- tings, with particular attention given to un- derserved populations, and widely dissemi- nating such reports and studies to rehabilita- tion professionals, individuals with disabil- ities, the individuals’ representatives, and oth- ers to assist in the planning, assessment, and evaluation of independent living, vocational, and rehabilitation services for individuals with disabilities; (8) conducting research on consumer satis- faction with independent living and vocational rehabilitation services for the purpose of iden- tifying effective independent living and reha- bilitation programs and policies that promote the independence of individuals with disabil- ities and achievement of long-term inde- pendent living and employment goals; (9) conducting research to examine the rela- tionship between the provision of specific serv- ices and successful, sustained employment outcomes, including employment outcomes in- volving self-employment, supported employ- ment (including customized employment), and telecommuting; and (10) coordinating activities with the Attor- ney General regarding the provision of infor- mation, training, or technical assistance re- garding the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) to ensure consist- ency with the plan for technical assistance re- quired under section 506 2 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 dissemi- nation of models to address consumer-driven in- formation 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 dis- abilities, family members and advocates of such individuals, commercial producers of as- sistive 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 re- garding assistive technology devices and as- sistive technology services that individuals with disabilities find especially useful; (C) evaluating current models, and devel- oping new models, for transmitting the infor- mation described in subparagraph (B) to con- sumers and to commercial producers of assist- ive technology; and (D) disseminating through one or more enti- ties funded by the Institute, the models de- scribed in subparagraph (C) and findings re- garding the information described in subpara- graph (B) to consumers and commercial pro- ducers of assistive technology. (d) Appointment of Director; employment of technical and professional personnel; con- sultants (1) The Director of the Institute shall be ap- pointed by the Secretary. The Director shall be an individual with substantial knowledge of and Page 258 TITLE 29—LABOR § 762 experience in independent living, rehabilitation, and 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 competi- tive service, and may compensate, without re- gard to the provisions of chapter 51 and sub- chapter 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 nec- essary to accomplish the functions of the Insti- tute and also appoint and compensate without regard to such provisions, in a number not to ex- ceed one-fifth of the number of full-time, reg- ular 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 competi- tive service. (e) Fellowships The Director, pursuant to regulations which the Secretary shall prescribe, may establish and maintain fellowships with such stipends and al- lowances, including travel and subsistence ex- penses provided for under title 5, as the Director considers necessary to procure the assistance of highly qualified research fellows, including indi- viduals 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 as- sistance for research, training, and demonstra- tion projects over which the Director has au- thority. The scientific peer review shall be con- ducted by individuals who are not Department of Health and Human Services employees. The Secretary shall consider for peer review individ- uals who are scientists or other experts in dis- ability, independent living, and rehabilitation, including individuals with disabilities and the individuals’ representatives, and who have suffi- cient expertise to review the projects. (2) In providing for such scientific peer review, the Secretary shall provide for training, as nec- essary and appropriate, to facilitate the effec- tive participation of those individuals selected to participate in such review. (g) Use of funds Not less than 90 percent of the funds appro- priated 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 Octo- ber 1 thereafter, prepare and publish in the Federal Register for public comment a draft of a 5-year plan that outlines priorities for dis- ability, independent living, and rehabilitation research, demonstration projects, training, dissemination, and related activities and ex- plains 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 appro- priate 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 re- ports on the plan to the appropriate commit- tees 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 areas of em- ployment and independent living; (B) determine the funding priorities for cov- ered activities to be conducted under this sec- tion 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 coordinated with the strategic plan required under section 763(c) of this title— (i) after consultation with the Disability, Independent Living, and Rehabilitation Re- search Advisory Council established under section 765 of this title; (ii) in coordination with the Adminis- trator; (iii) after consultation with the National Council on Disability established under sub- chapter IV, the Secretary of Education, offi- cials 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 sec- tion 763 of this title; and (iv) after full consideration of the input of individuals with disabilities and the individ- uals’ representatives, organizations rep- resenting individuals with disabilities, pro- viders of services furnished under this chap- ter, researchers in the independent living and rehabilitation fields, and any other per- sons or entities the Director considers to be appropriate; (E) be developed by the Director; (F) specify plans for widespread dissemina- tion 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’ representa- tives; and (G) specify plans for widespread dissemina- tion of the results of covered activities and in- formation that clarifies implications of the re- sults 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. Page 259 TITLE 29—LABOR § 762 (i) Cooperation and consultation with other agencies and departments on design of re- search programs In order to promote cooperation among Fed- eral departments and agencies conducting re- search programs, the Director shall consult with the administrators of such programs, and with the Interagency Committee established by sec- tion 763 of this title, regarding the design of re- search projects conducted by such entities and the results and applications of such research. (j) Comprehensive and coordinated research pro- gram; 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 pro- viding such a program, the Director may under- take joint activities with other Federal entities engaged in research and with appropriate pri- vate 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 sec- tion 763 of this title, with the Director as Chair- person of such Committee and provide the Direc- tor with sufficient prior opportunity to com- ment 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 Aer- onautics and Space Administration, the Office of Special Education and Rehabilitative Services, or of any other Federal entity, shall, through the Interagency Committee established by sec- tion 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 sub- chapter. (k) Grants for training The Director shall make grants to institutions of higher education for the training of inde- pendent living and rehabilitation researchers, including individuals with disabilities and tradi- tionally underserved populations of individuals with disabilities, as described in section 718 of this title, with particular attention to research areas that— (1) support the implementation and objec- tives of this chapter; and (2) improve the effectiveness of services au- thorized under this chapter. (l) Annual report (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 Com- mittee on Education and the Workforce of the House of Representatives, a report on the activi- ties funded under this subchapter. (2) The report under paragraph (1) shall in- clude— (A) a compilation and summary of the infor- mation provided by recipients of funding for such activities under this subchapter; (B) a summary describing the funding re- ceived 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 (C) a summary of implications of research outcomes on practice. (m) Action taken for failure to comply (1) 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 achiev- ing 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. (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. (Pub. L. 93–112, title II, § 202, as added Pub. L. 105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1168; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 401(16)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; Pub. L. 106–402, title IV, § 401(b)(3)(B), Oct. 30, 2000, 114 Stat. 1737; Pub. L. 107–110, title X, § 1076(u)(1), Jan. 8, 2002, 115 Stat. 2092; Pub. L. 108–173, title IX, § 900(e)(6)(A), Dec. 8, 2003, 117 Stat. 2373; Pub. L. 113–128, title IV, § 433, July 22, 2014, 128 Stat. 1661; Pub. L. 114–95, title IX, § 9215(mmm)(1), Dec. 10, 2015, 129 Stat. 2188.) Editorial Notes REFERENCES IN TEXT The Americans with Disabilities Act of 1990, referred to in subsec. (b)(10), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Wel- fare. Section 506 of the Act was renumbered section 507 by Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 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, Oct. 30, 2000, 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 amend- ment of this subchapter by Pub. L. 105–220. A prior section 762, Pub. L. 93–112, title II, § 204, for- merly § 202, Sept. 26, 1973, 87 Stat. 375, amended Pub. L. 93–516, title I, § 111(h), Dec. 7, 1974, 88 Stat. 1621; Pub. L. 93–651, title I, § 111(h), Nov. 21, 1974, 89 Stat. 2–6; renum- bered and amended Pub. L. 95–602, title I, §§ 109(3), 110, 111, Nov. 6, 1978, 92 Stat. 2963, 2966; Pub. L. 98–221, title I, §§ 104(a)(5), 123, Feb. 22, 1984, 98 Stat. 18, 24; Pub. L. 99–506, title I, § 103(d)(2)(C), (h)(2), title III, §§ 302(b), 305, Oct. 21, 1986, 100 Stat. 1810, 1811, 1821, 1822; Pub. L. 100–630, title II, § 203(d), Nov. 7, 1988, 102 Stat. 3308; Pub. L. 102–569, title I, § 102(p)(14), title II, § 205, Oct. 29, 1992, 106 Stat. 4358, 4403; Pub. L. 103–73, title I, § 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 2015—Subsec. (b)(4)(A)(i). Pub. L. 114–95 made tech- nical amendment to reference in original act which ap- pears 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. Page 260 TITLE 29—LABOR § 762 Subsec. (a)(1). Pub. L. 113–128, § 433(2)(A)(i), in intro- ductory provisions, substituted ‘‘Administration for Community Living of the Department of Health and Human Services a National Institute on Disability, Independent Living, and Rehabilitation Research (re- ferred 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 Ad- ministration for Community Living of the Department of Health and Human Services.’’ for ‘‘directly respon- sible 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 re- search relating to rehabilitation or providing rehabili- tation 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 reha- bilitation’’ for ‘‘advances in rehabilitation’’ and in- serted ‘‘education, health and wellness,’’ after ‘‘em- ployment, 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 Con- gress fully and currently informed with respect to the implementation and conduct of programs and activities carried out under this subchapter, including dissemina- tion activities;’’. Subsec. (b)(8). Pub. L. 113–128, § 433(3)(F), (H), redesig- nated 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 em- ployment goals’’ for ‘‘with vocational rehabilitation services for the purpose of identifying effective reha- bilitation programs and policies that promote the inde- pendence of individuals with disabilities and achieve- ment of long-term vocational goals’’. Former par. (8) redesignated (7). Subsec. (b)(9). Pub. L. 113–128, § 433(3)(F), (I), redesig- nated par. (10) as (9) and substituted ‘‘, supported em- ployment (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), redes- ignated 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, re- habilitation, and research administration.’’ for ‘‘The Director shall be an individual with substantial experi- ence in rehabilitation and in research administration.’’ Subsec. (f)(1). Pub. L. 113–128, § 433(5), substituted ‘‘The scientific peer review shall be conducted by indi- viduals who are not Department of Health and Human Services employees. The Secretary shall consider for peer review individuals who are scientists or other ex- perts in disability, independent living, and rehabilita- tion, including individuals with disabilities and the in- dividuals’ representatives, and who have sufficient ex- pertise 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 finan- cial assistance.’’ Subsec. (h)(1)(A). Pub. L. 113–128, § 433(6)(A), sub- stituted ‘‘priorities for disability, independent living, and rehabilitation research,’’ for ‘‘priorities for reha- bilitation research,’’ and inserted ‘‘dissemination,’’ after ‘‘training,’’. Subsec. (h)(2)(A). Pub. L. 113–128, § 433(6)(B)(i), sub- stituted ‘‘especially in the areas of employment and independent living’’ for ‘‘especially in the area of em- ployment’’. Subsec. (h)(2)(D). Pub. L. 113–128, § 433(6)(B)(ii)(I), sub- stituted ‘‘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 Reha- bilitation’’ 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 rehabili- tation 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 infor- mation 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 infor- mation 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 re- habilitation services to rural areas.’’ Subsecs. (k) to (m). Pub. L. 113–128, § 433(8), added sub- secs. (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 research- ers, including individuals with disabilities, with par- ticular attention to research areas that support the im- plementation 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 ‘‘Cen- ters 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 As- sistance 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 en- acted this section. Page 261 TITLE 29—LABOR § 762a Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams 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 Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of Title 20, Education. REFERENCES TO NATIONAL INSTITUTE OF HANDICAPPED RESEARCH AMENDED OR DEEMED TO BE REFERENCES TO NATIONAL INSTITUTE ON DISABILITY AND REHA- BILITATION RESEARCH Pub. L. 99–506, title III, § 302(b), Oct. 21, 1986, 100 Stat. 1821, provided that: ‘‘The Act [this chapter] is amended by striking out ‘National Institute of Handicapped Re- search’ each place it appears in the Act (including the table of contents) and inserting in lieu thereof ‘Na- tional Institute on Disability and Rehabilitation Re- search’. 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 Insti- tute on Disability and Rehabilitation Research’.’’ [Functions which the Director of the National Insti- tute on Disability and Rehabilitation Research exer- cised before July 22, 2014 (including all related func- tions of any officer or employee of the National Insti- tute on Disability and Rehabilitation Research), trans- ferred to the National Institute on Disability, Inde- pendent Living, and Rehabilitation Research, see sub- section (n) of section 3515e of Title 42, The Public Health and Welfare.] § 762a. Research and demonstration projects (a) Multiple and interrelated service needs of in- dividuals with handicaps; report to Congress The Secretary of Education is authorized to make grants to, and to enter into contract with, public and nonprofit agencies and organizations for the purpose of research and demonstration projects specifically designed to address the multiple and interrelated service needs of indi- viduals with handicaps, the elderly, and chil- dren, youths, adults, and families. A report eval- uating each project funded under this section shall be submitted to appropriate committees of the Congress within four months after the date each such project is completed. (b) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary. No funds other than those appropriated pursu- ant to this subsection can be used for the con- duct of research specifically authorized by this section. (c) Study on impact of vocational rehabilitation services; transmittal to Congress Within one year after the date appropriations are made under subsection (b) for purposes of re- search and demonstration projects under sub- section (a), the Secretary shall prepare and transmit to the Congress a study concerning the impact of vocational rehabilitation services pro- vided under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.] on recipients of disability pay- ments under titles II and XVI of the Social Se- curity Act [42 U.S.C. 401 et seq., 1381 et seq.]. The study shall examine the relationship be- tween the vocational rehabilitation services pro- vided under the Rehabilitation Act of 1973 and the programs under sections 222 and 1615 of the Social Security Act [42 U.S.C. 422, 1382d], and shall include— (1) an analysis of the savings in disability benefit payments under titles II and XVI of the Social Security Act as a result of the pro- vision of vocational rehabilitation services under the Rehabilitation Act of 1973; (2) a specification of the rate of return to the active labor force by recipients of services under sections 222 and 1615 of the Social Secu- rity Act; (3) a specification of the total amount of ex- penditures, in the five fiscal years preceding the date of submission of the report, for voca- tional rehabilitation services under the Reha- bilitation Act of 1973 and under sections 222 and 1615 of the Social Security Act, and rec- ommendations for the coordinated presen- tation of such expenditures in the Budget sub- mitted by the President pursuant to section 1105 of title 31; and (4) recommendations to improve the coordi- nation of services under the Rehabilitation Act of 1973 with programs under sections 222 and 1615 of the Social Security Act, including recommendations for increasing savings in disability benefits payments and the rate of return to the active labor force by recipients of services under sections 222 and 1615 of the Social Security Act. (Pub. L. 95–602, title IV, § 401, Nov. 6, 1978, 92 Stat. 3002; Pub. L. 98–221, title I, § 104(c)(1), Feb. 22, 1984, 98 Stat. 18; Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810.) Editorial Notes REFERENCES IN TEXT The Rehabilitation Act of 1973, referred to in subsec. (c), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to this chapter (§ 701 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables. The Social Security Act, referred to in subsec. (c), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVI of the Social Security Act are classified gen- erally to subchapters II (§ 401 et seq.) and XVI (§ 1381 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. CODIFICATION In subsec. (c)(3), ‘‘section 1105 of title 31’’ was sub- stituted for ‘‘section 201 of the Budget and Accounting Act, 1921 [31 U.S.C. 11]’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was enacted as part of the Rehabilitation, Comprehensive Services, and Developmental Disabil- ities Amendments of 1978, and not as part of the Reha- bilitation Act of 1973 which comprises this chapter. AMENDMENTS 1986—Subsec. (a). Pub. L. 99–506 substituted ‘‘individ- uals with handicaps’’ for ‘‘handicapped individuals’’. 1984—Subsec. (a). Pub. L. 98–221 substituted ‘‘Sec- retary of Education’’ for ‘‘Secretary of Health, Edu- cation, and Welfare’’.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 701 — Responsibilities of the Administrator

**(a) Approval of State plans** (1) **In general** — The Administrator shall approve any State plan submitted under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim) that the Administrator determines meets the requirements of [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim), and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Administrator shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing. (2) **Procedures** (A) *In general* — Except as provided in subparagraph (B), the provisions of subsections (c) and (d) of [section 727 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section727&num=0&edition=prelim) shall apply to any State plan submitted to the Administrator under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim). (B) *Application* — For purposes of the application described in subparagraph (A), all references in such provisions— (i) to the Secretary or the Commissioner shall be deemed to be references to the Administrator; (ii) to the State agency shall be deemed to be references to the designated State entity; and (iii) to [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim) shall be deemed to be references to [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti

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29 U.S.C. § 701 — Findings; purpose; policy

Page 191 TITLE 29—LABOR § 701 Sec. SUBCHAPTER II—RESEARCH AND TRAINING 760. Declaration of purpose. 761. Authorization of appropriations. 762. National Institute on Disability, Independent Living, and Rehabilitation Research. 762a. Research and demonstration projects. 763. Interagency Committee. 764. Research and other covered activities. 765. Disability, Independent Living, and Rehabili- tation Research Advisory Council. 766. Definition of covered school. SUBCHAPTER III—PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND DEMONSTRATIONS 771. Declaration of purpose and competitive basis of grants and contracts. 772. Training. 773. Demonstration and training programs. 774, 775. Repealed. 776. Measuring of project outcomes and perform- ance. SUBCHAPTER IV—NATIONAL COUNCIL ON DISABILITY 780. Establishment of National Council on Dis- ability. 780a. Independent status of National Council on the Handicapped. 781. Duties of National Council. 782. Compensation of National Council members. 783. Staff of National Council. 784. Administrative powers of National Council. 785. Authorization of appropriations. SUBCHAPTER V—RIGHTS AND ADVOCACY 790. Repealed. 791. Employment of individuals with disabilities. 792. Architectural and Transportation Barriers Compliance Board. 793. Employment under Federal contracts. 794. Nondiscrimination under Federal grants and programs. 794a. Remedies and attorney fees. 794b. Removal of architectural, transportation, or communication barriers; technical and fi- nancial assistance; compensation of experts or consultants; authorization of appropria- tions. 794c. Interagency Disability Coordinating Council. 794d. Electronic and information technology. 794d–1. Reports on accessibility of

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 762 — Declaration of policy; authorization of appropriations

**(a) Findings; purpose; policy** (1) **Findings** — Congress finds that— (A) work— (i) is a valued activity, both for individuals and society; and (ii) fulfills the need of an individual to be productive, promotes independence, enhances self-esteem, and allows for participation in the mainstream of life in the United States; (B) as a group, individuals with disabilities experience staggering levels of unemployment and poverty; (C) individuals with disabilities, including individuals with the most significant disabilities, have demonstrated their ability to achieve gainful employment in competitive integrated employment settings if appropriate services and supports are provided; (D) reasons for significant numbers of individuals with disabilities not working, or working at levels not commensurate with their abilities and capabilities, include— (i) discrimination; (ii) lack of accessible and available transportation; (iii) fear of losing health coverage under the Medicare and Medicaid programs carried out under titles XVIII and XIX of the Social Security Act ([42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq. and 1396 et seq.) or fear of losing private health insurance; and (iv) lack of education, training, and supports to meet job qualification standards necessary to secure, retain, regain, or advance in employment; (E) enforcement of subchapter V and of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.) holds the promise of ending discrimination for individuals with disabilities; (F) the provision of workforce development

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42 U.S.C. § 12101 — Definitions

**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter. **(b) Certain conditions** Under this chapter, the term “disability” shall not include— (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders resulting from current illegal use of drugs.

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42 U.S.C. § 12101 — Findings and purpose

Page 8237 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12101 read as follows: ‘‘The plan shall accompany the Presi- dent’s annual budget submission to the Congress.’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reports required under subsecs. (a) and (b) of this section are listed as the 20th item on page 84 and the 19th item on page 86), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Fi- nance. § 12007. No antitrust immunity or defenses Nothing in this chapter shall be deemed to convey to any person, partnership, corporation, or other entity immunity from civil or criminal liability under any antitrust law or to create de- fenses to actions under any antitrust law. As used in this section, ‘‘antitrust laws’’ means those Acts set forth in section 12 of title 15. (Pub. L. 101–218, § 10, Dec. 11, 1989, 103 Stat. 1869.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–218, Dec. 11, 1989, 103 Stat. 1859, known as the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 12001 of this title and Tables. CHAPTER 126—EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES Sec. 12101. Findings and purpose. 12102. Definition of disability. 12103. Additional definitions. SUBCHAPTER I—EMPLOYMENT 12111. Definitions. 12112.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12206 — Regulations by Architectural and Transportation Barriers Compliance Board

**(a) Issuance of guidelines** Not later than 9 months after July 26, 1990, the Architectural and Transportation Barriers Compliance Board shall issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of subchapters II and III of this chapter. **(b) Contents of guidelines** The supplemental guidelines issued under subsection (a) shall establish additional requirements, consistent with this chapter, to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities. **(c) Qualified historic properties** (1) **In general** — The supplemental guidelines issued under subsection (a) shall include procedures and requirements for alterations that will threaten or destroy the historic significance of qualified historic buildings and facilities as defined in 4.1.7(1)(a) of the Uniform Federal Accessibility Standards. (2) **Sites eligible for listing in National Register** — With respect to alterations of buildings or facilities that are eligible for listing in the National Register of Historic Places under division A of subtitle III of title 54, the guidelines described in paragraph (1) shall, at a minimum, maintain the procedures and requirements established in 4.1.7(1) and (2) of the Uniform Federal Accessibility Standards. (3) **Other sites** — With respect to alterations of buildings or facilities designated as historic under State or local law, the guidelines described in paragraph (1) shall establish procedures equivalent to those established by 4.1.7(1)(b) and (c) of the Uniform Federal Accessibility Standards, and shall require, at a minimum, compliance with the requir

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42 U.S.C. § 12206 — Technical assistance

Page 8268 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12205 (Pub. L. 101–336, title V, § 504, July 26, 1990, 104 Stat. 370; Pub. L. 113–287, § 5(k)(5), Dec. 19, 2014, 128 Stat. 3270.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. AMENDMENTS 2014—Subsec. (c)(2). Pub. L. 113–287 substituted ‘‘divi- sion A of subtitle III of title 54’’ for ‘‘the National His- toric Preservation Act (16 U.S.C. 470 et seq.)’’. § 12205. Attorney’s fees In any action or administrative proceeding commenced pursuant to this chapter, the court or agency, in its discretion, may allow the pre- vailing party, other than the United States, a reasonable attorney’s fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual. (Pub. L. 101–336, title V, § 505, July 26, 1990, 104 Stat. 371.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables. § 12205a. Rule of construction regarding regu- latory authority The authority to issue regulations granted to the Equal Employment Opportunity Commis- sion, the Attorney General, and the Secretary of Transportation under this chapter includes the authority to issue regulations implem

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42 U.S.C. § 15001 — Findings, purposes, and policy

**(a) Findings** Congress finds that— (1) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream of United States society; (2) in 1999, there were between 3,200,000 and 4,500,000 individuals with developmental disabilities in the United States, and recent studies indicate that individuals with developmental disabilities comprise between 1.2 and 1.65 percent of the United States population; (3) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely; (4) individuals with developmental disabilities often encounter discrimination in the provision of critical services, such as services in the areas of emphasis (as defined in [section 15002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim)); (5) individuals with developmental disabilities are at greater risk than the general population of abuse, neglect, financial and sexual exploitation, and the violation of their legal and human rights; (6) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services, including access to assistive technology, from generic and specialized service systems, and remain unserved or underserved; (7) individuals with developmental disabilities often require lifelong community services, individualized supports, and other forms of a

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42 U.S.C. § 15001 — Findings, purposes, and policy

Page 8659 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15001 complete classification of this Act to the Code, see Short Title note set out under section 14901 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon entry into force for the United States of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, pur- suant to Article 46(2)(a) of the Convention, with transi- tion rule, see section 505(a)(2), (b) of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title. CHAPTER 144—DEVELOPMENTAL DISABIL- ITIES ASSISTANCE AND BILL OF RIGHTS SUBCHAPTER I—PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES PART A—GENERAL PROVISIONS Sec. 15001. Findings, purposes, and policy. 15002. Definitions. 15003. Records and audits. 15004. Responsibilities of the Secretary. 15005. Reports of the Secretary. 15006. State control of operations. 15007. Employment of individuals with disabilities. 15008. Construction. 15009. Rights of individuals with developmental dis- abilities. PART B—FEDERAL ASSISTANCE TO STATE COUNCILS ON DEVELOPMENTAL DISABILITIES 15021. Purpose. 15022. State allotments. 15023. Payments to the States for planning, admin- istration, and services. 15024. State plan. 15025. State Councils on Developmental Disabilities and designated State agencies. 15026. Federal and non-Federal share. 15027. Withholding of payments for planning, ad- ministration, and services. 15028. Appeals by States. 15029. Authorization of appropriations. PART C—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS 15041. Purpose. 15042. Allotments and payments. 15043. System required. 15044. Administration. 1504

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 401 — Trust Funds

**(a) Federal Old-Age and Survivors Insurance Trust Fund** There is hereby created on the books of the Treasury of the United States a trust fund to be known as the “Federal Old-Age and Survivors Insurance Trust Fund”. The Federal Old-Age and Survivors Insurance Trust Fund shall consist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is authorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fiscal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of— (1) the taxes (including interest, penalties, and additions to the taxes) received under subchapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by collectors of internal revenue before January 1, 1951; and (2) the taxes certified each month by the Commissioner of Internal Revenue as taxes received under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before January 1, 1953, with respect to assessments of such taxes made before January 1, 1951; and (3) the taxes imposed by

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 401

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 401. This identifies an authority to review, not proof of applicability.