Browse Arkansas Code titles and sections
29 U.S.C. § 762 — National Institute on Disability, Inde-
Federal law — U.S. Code and appendices · legal_authorities
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’’.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 701
Stored review status: release_metadata_unconfirmed. The source passage cites 29 U.S.C. § 701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 701
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Federal law — U.S. Code and appendices · legal_authorities
**(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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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12101
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12101
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12206
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12206
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 12206. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15001
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 15001. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 15001
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 15001. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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.