29 U.S.C. § 764 — Research and other covered activities

Page 264 TITLE 29—LABOR § 764 1 So in original. Probably should be ‘‘paragraphs (2) through (16)’’. for all Federal programs relating to the conduct of re- search related to rehabilitation of individuals with dis- abilities.’’ Subsecs. (d), (e). Pub. L. 105–394, § 201(4), added sub- secs. (d) and (e). § 764. Research and other covered activities (a) Federal grants and contracts for certain re- search projects and related activities (1) To the extent consistent with priorities es- tablished in the 5-year plan described in section 762(h) of this title, the Director may make grants to and contracts with States and public or private agencies and organizations, including institutions of higher education, Indian tribes, and tribal organizations, to fund part of the cost of projects for the purpose of planning and con- ducting research, demonstration projects, train- ing, and related activities, the purposes of which are to develop methods, procedures, and reha- bilitation technology, that have practical appli- cations and maximize the full inclusion and in- tegration into society, employment, education, independent living, health and wellness, family support, and economic and social self-suffi- ciency of individuals with disabilities, especially individuals with the most significant disabil- ities, and improve the effectiveness of services authorized under this chapter. (2)(A) In carrying out this section, the Direc- tor shall emphasize projects that support the implementation of subchapters I, III, V, VI, and VII, including projects addressing the needs de- scribed in the State plans submitted under sec- tion 721 or 796c of this title by State agencies and from which the research findings, conclu- sions, or recommendations can be transferred to practice. (B) Such projects, as described in the State plans submitted by State agencies, may in- clude— (i) medical and other scientific, technical, methodological, and other investigations into the nature of disability, methods of analyzing it, and restorative techniques, including basic research where related to rehabilitation tech- niques or services; (ii) studies and analyses of factors related to industrial, vocational, educational, employ- ment, social, recreational, psychiatric, psy- chological, economic, and health and wellness variables affecting individuals with disabil- ities, including traditionally underserved pop- ulations as described in section 718 of this title, and how those variables affect such indi- viduals’ ability to live independently and their participation in the work force; (iii) studies and analysis of special problems of individuals who have significant challenges engaging in community life outside their homes and individuals who are in institutional settings; (iv) studies, analyses, and demonstrations of architectural and engineering design adapted to meet the special needs of individuals with disabilities, including the principles of uni- versal design and the interoperability of prod- ucts and services; (v) studies, analyses, and other activities re- lated to supported employment, and to pro- moting employment opportunities in competi- tive integrated employment; (vi) related activities which hold promise of increasing knowledge and improving methods in the rehabilitation of individuals with dis- abilities and individuals with the most signifi- cant disabilities, particularly individuals with disabilities, and individuals with the most sig- nificant disabilities, who are members of popu- lations that are unserved or underserved by programs under this chapter; (vii) studies, analyses, and other activities related to job accommodations, including the use of rehabilitation engineering, assistive technology, and communications technology; and (viii) studies, analyses, and other activities affecting employment outcomes as defined in section 705(11) of this title, including self-em- ployment and telecommuting, of individuals with disabilities. (3) In carrying out this section, the Director shall emphasize covered activities that include plans for— (A) dissemination of high-quality materials, of scientifically valid research results, or of findings, conclusions, and recommendations resulting from covered activities, including through electronic means (such as the website of the Department of Health and Human Serv- ices), so that such information is available in a timely manner to the general public; or (B) the commercialization of marketable products, research results, or findings, result- ing from the covered activities. (b) Research grants (1) In addition to carrying out projects under subsection (a), the Director may make grants under this subsection (referred to in this sub- section as ‘‘research grants’’) to pay part or all of the cost of the research or other specialized covered activities described in paragraphs (2) through (17).1 A research grant made under any of paragraphs (2) through (17) 1 may only be used in a manner consistent with priorities estab- lished in the 5-year plan described in section 762(h) of this title. (2)(A) Research grants may be used for the es- tablishment and support of Rehabilitation Re- search and Training Centers, for the purpose of providing an integrated program of research, which Centers shall— (i) be operated in collaboration with institu- tions of higher education, providers of reha- bilitation services, developers or providers of assistive technology devices, assistive tech- nology services, or information technology de- vices or services, as appropriate, or providers of other appropriate services; and (ii) serve as centers of national excellence and national or regional resources for individ- uals with disabilities, as well as providers, educators, and researchers. (B) The Centers shall conduct research and training activities by— (i) conducting coordinated and advanced pro- grams of research in independent living and rehabilitation targeted toward the production of new knowledge that will improve inde- Page 265 TITLE 29—LABOR § 764 pendent living and rehabilitation methodology and service delivery systems, maximize health and function (including alleviating or stabi- lizing conditions, or preventing secondary con- ditions), and promote maximum social and economic independence of individuals with disabilities, including promoting the ability of the individuals to prepare for, secure, retain, regain, or advance in employment; (ii) conducting research in, and dissemina- tion of, employer-based practices to facilitate the identification, recruitment, accommoda- tion, advancement, and retention of qualified individuals with disabilities; (iii) providing training (including graduate, pre-service, and in-service training) to assist individuals to more effectively provide inde- pendent living and rehabilitation services; (iv) providing training (including graduate, pre-service, and in-service training) for inde- pendent living and rehabilitation research per- sonnel and other independent living and reha- bilitation personnel; (v) serving as an informational and technical assistance resource to individuals with disabil- ities, as well as to providers, educators, and researchers, by providing outreach and infor- mation that clarifies research implications for practice and identifies potential new areas of research; and (vi) developing practical applications for the research findings of the Centers. (C) The research to be carried out at each such Center may include— (i) basic or applied medical rehabilitation re- search, including research on assistive tech- nology devices, assistive technology services, and accessible electronic and information technology devices; (ii) research regarding the psychological, so- cial, and economic aspects of independent liv- ing and rehabilitation, including disability policy; (iii) continuation of research that promotes the emotional, social, educational, and func- tional growth of children who are individuals with disabilities, as well as their integration in school, employment, and community activi- ties; (iv) continuation of research to develop and evaluate interventions, policies, and services that support families of those children and adults who are individuals with disabilities; (v) continuation of research that will im- prove services and policies that foster the independence and social integration of individ- uals with disabilities, and enable individuals with disabilities, including individuals with intellectual disabilities and other develop- mental disabilities, to live in their commu- nities; and (vi) research, dissemination, and technical assistance, on best practices in vocational re- habilitation, including supported employment and other strategies to promote competitive integrated employment for persons with the most significant disabilities. (D) Training of students preparing to be inde- pendent living or rehabilitation personnel or to provide independent living, rehabilitative, as- sistive, or supportive services (such as rehabili- tation counseling, personal care services, direct care, job coaching, aides in school based set- tings, or advice or assistance in utilizing assist- ive technology devices, assistive technology services, and accessible electronic and informa- tion technology devices and services) shall be an important priority for each such Center. (E) The Director shall make grants under this paragraph to establish and support both centers dealing with multiple disabilities and centers primarily focused on particular disabilities. (F) Grants made under this paragraph may be used to provide funds for services rendered by such a Center to individuals with disabilities in connection with the research and training ac- tivities. (G) Grants made under this paragraph may be used to provide faculty support for teaching— (i) independent living and rehabilitation-re- lated courses of study for credit; and (ii) other courses offered by the Centers, ei- ther directly or through another entity. (H) The research and training activities con- ducted by such a Center shall be conducted in a manner that is accessible to and usable by indi- viduals with disabilities. (I) In awarding grants under this paragraph, the Director shall take into consideration the location of any proposed Center and the appro- priate geographic and regional allocation of such Centers. (J) To be eligible to receive a grant under this paragraph, each such institution or provider de- scribed in subparagraph (A) shall— (i) be of sufficient size, scope, and quality to effectively carry out the activities in an effi- cient manner consistent with appropriate Fed- eral and State law; and (ii) demonstrate the ability to carry out the training activities either directly or through another entity that can provide such training. (K) The Director shall make grants under this paragraph for periods of 5 years, except that the Director may make a grant for a period of less than 5 years if— (i) the grant is made to a new recipient; or (ii) the grant supports new or innovative re- search. (L) Grants made under this paragraph shall be made on a competitive basis. To be eligible to receive a grant under this paragraph, a prospec- tive grant recipient shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. (M) In conducting scientific peer review under section 762(f) of this title of an application for the renewal of a grant made under this para- graph, the peer review panel shall take into ac- count the past performance of the applicant in carrying out the grant and input from individ- uals with disabilities and the individuals’ rep- resentatives. (N) An institution or provider that receives a grant under this paragraph to establish such a Center may not collect more than 15 percent of the amount of the grant received by the Center in indirect cost charges. (3)(A) Research grants may be used for the es- tablishment and support of Rehabilitation Engi- Page 266 TITLE 29—LABOR § 764 neering Research Centers, operated by or in col- laboration with institutions of higher education or nonprofit organizations, to conduct research or demonstration activities, and training activi- ties, regarding independent living strategies and rehabilitation technology, including rehabilita- tion engineering, assistive technology devices, and assistive technology services, for the pur- poses of enhancing opportunities for better meeting the needs of, and addressing the bar- riers confronted by, individuals with disabilities in all aspects of their lives. (B) In order to carry out the purposes set forth in subparagraph (A), such a Center shall carry out the research or demonstration activities by— (i) developing and disseminating innovative methods of applying advanced technology, sci- entific achievement, and psychological and so- cial knowledge to— (I) solve independent living and rehabilita- tion problems and remove environmental barriers through planning and conducting research, including cooperative research with public or private agencies and organiza- tions, designed to produce new scientific knowledge, and new or improved methods, equipment, and devices; and (II) study new or emerging technologies, products, or environments, and the effective- ness and benefits of such technologies, prod- ucts, or environments; (ii) demonstrating and disseminating— (I) innovative models for the delivery, to rural and urban areas, of cost-effective reha- bilitation technology services that promote utilization of assistive technology devices; and (II) other scientific research to assist in meeting the educational, employment, and independent living needs of individuals with significant disabilities; or (iii) conducting research or demonstration activities that facilitate service delivery sys- tems change by demonstrating, evaluating, documenting, and disseminating— (I) consumer responsive and individual and family-centered innovative models for the delivery to both rural and urban areas, of in- novative cost-effective rehabilitation tech- nology services that promote utilization of rehabilitation technology; and (II) other scientific research to assist in meeting the educational, employment, and independent living needs of, and addressing the barriers confronted by, individuals with disabilities, including individuals with sig- nificant disabilities. (C) To the extent consistent with the nature and type of research or demonstration activities described in subparagraph (B), each Center es- tablished or supported through a grant made available under this paragraph shall— (i) cooperate with programs established under the Assistive Technology Act of 1998 [29 U.S.C. 3001 et seq.] and other regional and local programs to provide information to indi- viduals with disabilities and the individuals’ representatives to— (I) increase awareness and understanding of how rehabilitation technology can address their needs; and (II) increase awareness and understanding of the range of options, programs, services, and resources available, including financing options for the technology and services cov- ered by the area of focus of the Center; (ii) provide training opportunities to individ- uals, including individuals with disabilities, to become researchers of rehabilitation tech- nology and practitioners of rehabilitation technology in conjunction with institutions of higher education and nonprofit organizations; and (iii) respond, through research or demonstra- tion activities, to the needs of individuals with all types of disabilities who may benefit from the application of technology within the area of focus of the Center. (D)(i) In establishing Centers to conduct the research or demonstration activities described in subparagraph (B)(iii), the Director may estab- lish one Center in each of the following areas of focus: (I) Early childhood services, including early intervention and family support. (II) Education at the elementary and sec- ondary levels, including transition from school to postsecondary education, competi- tive integrated employment, and other age-ap- propriate activities. (III) Employment, including supported em- ployment, and reasonable accommodations and the reduction of environmental barriers as required by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and sub- chapter V. (IV) Independent living, including transition from institutional to community living, main- tenance of community living on leaving the workforce, self-help skills, and activities of daily living. (ii) Each Center conducting the research or demonstration activities described in subpara- graph (B)(iii) shall have an advisory committee, of which the majority of members are individ- uals with disabilities who are users of rehabili- tation technology, and the individuals’ rep- resentatives. (E) Grants made under this paragraph shall be made on a competitive basis and shall be for a period of 5 years, except that the Director may make a grant for a period of less than 5 years if— (i) the grant is made to a new recipient; or (ii) the grant supports new or innovative re- search. (F) To be eligible to receive a grant under this paragraph, a prospective grant recipient shall submit an application to the Director at such time, in such manner, and containing such in- formation as the Director may require. (G) Each Center established or supported through a grant made available under this para- graph shall— (i) cooperate with State agencies and other local, State, regional, and national programs and organizations developing or delivering re- Page 267 TITLE 29—LABOR § 764 habilitation technology, including State pro- grams funded under the Assistive Technology Act of 1998 [29 U.S.C. 3001 et seq.]; and (ii) prepare and submit to the Director as part of an application for continuation of a grant, or as a final report, a report that docu- ments the outcomes of the program of the Center in terms of both short- and long-term impact on the lives of individuals with disabil- ities, the impact of any commercialized prod- uct researched or developed through the Cen- ter, and such other information as may be re- quested by the Director. (4)(A) Research grants may be used to conduct a program for spinal cord injury research, in- cluding conducting such a program by making grants to public or private agencies and organi- zations to pay part or all of the costs of special projects and demonstration projects for spinal cord injuries, that will— (i) ensure widespread dissemination of re- search findings among all Spinal Cord Injury Centers, to rehabilitation practitioners, indi- viduals with spinal cord injury, the individ- uals’ representatives, and organizations re- ceiving financial assistance under this para- graph; (ii) provide encouragement and support for initiatives and new approaches by individual and institutional investigators; and (iii) establish and maintain close working relationships with other governmental and voluntary institutions and organizations en- gaged in similar efforts in order to unify and coordinate scientific efforts, encourage joint planning, and promote the interchange of data and reports among spinal cord injury inves- tigations. (B) Any agency or organization carrying out a project or demonstration project assisted by a grant under this paragraph that provides serv- ices to individuals with spinal cord injuries shall— (i) establish, on an appropriate regional basis, a multidisciplinary system of providing independent living, employment, and other re- habilitation services, specifically designed to meet the unique needs of individuals with spi- nal cord injuries, including social and func- tional needs, and acute care as well as periodic inpatient or outpatient followup and services; (ii) demonstrate and evaluate the benefits to individuals with spinal cord injuries served in, and the degree of cost-effectiveness of, such a regional system; (iii) demonstrate and evaluate existing, new, and improved methods and rehabilitation technology essential to the care, management, and rehabilitation of individuals with spinal cord injuries; and (iv) demonstrate and evaluate methods of community outreach for individuals with spi- nal cord injuries and community education in connection with the problems of such individ- uals in areas such as housing, transportation, recreation, employment, education, health and wellness, and community activities. (C) In awarding grants under this paragraph, the Director shall take into account the loca- tion of any proposed Spinal Cord Injury Center and the appropriate geographic and regional al- location of such Centers. (5) Research grants may be used to conduct a program for end-stage renal disease research, to include support of projects and demonstrations for providing special services (including trans- plantation and dialysis), artificial kidneys, and supplies necessary for the rehabilitation of indi- viduals with such disease and which will— (A) ensure dissemination of research find- ings; (B) provide encouragement and support for initiatives and new approaches by individuals and institutional investigators; and (C) establish and maintain close working re- lationships with other governmental and vol- untary institutions and organizations engaged in similar efforts, in order to unify and coordinate scientific ef- forts, encourage joint planning, and promote the interchange of data and reports among inves- tigators in the field of end-stage renal disease. No person shall be selected to participate in such program who is eligible for services for such disease under any other provision of law. (6) Research grants may be used to conduct a program for international rehabilitation re- search, demonstration, and training for the pur- pose of developing new knowledge and methods in the rehabilitation of individuals with disabil- ities in the United States, cooperating with and assisting in developing and sharing information found useful in other nations in the rehabilita- tion of individuals with disabilities, and initi- ating a program to exchange experts and tech- nical assistance in the field of rehabilitation of individuals with disabilities with other nations as a means of increasing the levels of skill of re- habilitation personnel. (7) Research grants may be used to conduct a research program concerning the use of existing telecommunications systems (including tele- phone, television, satellite, radio, and other similar systems) which have the potential for substantially improving service delivery meth- ods, and the development of appropriate pro- gramming to meet the particular needs of indi- viduals with disabilities. (8) Grants may be used to conduct a program of joint projects with other administrations and offices of the Department of Health and Human Services, the National Science Foundation, the Department of Veterans Affairs, the Department of Defense, the Federal Communications Com- mission, the National Aeronautics and Space Administration, the Small Business Administra- tion, the Department of Labor, other Federal agencies, and private industry in areas of joint interest involving rehabilitation. (9) Research grants may be used to conduct a research program to develop and demonstrate innovative methods to attract and retain profes- sionals to serve in rural areas in the rehabilita- tion of individuals with disabilities, including individuals with significant disabilities. (10) Research grants may be used to conduct a model research and demonstration program to develop innovative methods of providing serv- ices for preschool age children who are individ- uals with disabilities, including— (A) early intervention, assessment, parent counseling, infant stimulation, early identi- Page 268 TITLE 29—LABOR § 764 fication, diagnosis, and evaluation of children who are individuals with significant disabil- ities up to the age of five, with a special em- phasis on children who are individuals with significant disabilities up to the age of three; (B) such physical therapy, language develop- ment, pediatric, nursing, psychological, and psychiatric services as are necessary for such children; and (C) appropriate services for the parents of such children, including psychological and psychiatric services, parent counseling, and training. (11) Research grants may be used to conduct a model research and training program under which model training centers shall be estab- lished to develop and use more advanced and ef- fective methods of evaluating and addressing the employment needs, opportunities, and out- comes (including those relating to self-employ- ment, supported employment, and telecom- muting) of individuals with disabilities, includ- ing programs that— (A) provide training and continuing edu- cation for personnel involved with the employ- ment of individuals with disabilities; (B) develop model procedures for testing and evaluating the employment and employment related needs of individuals with disabilities; (C) develop model training programs to teach individuals with disabilities skills which will lead to appropriate employment; (D) develop new approaches for job place- ment of individuals with disabilities, including new followup procedures relating to such placement; (E) provide information services regarding education, training, employment, and job placement for individuals with disabilities; (F) develop new approaches and provide in- formation regarding job accommodations, in- cluding the use of rehabilitation engineering and assistive technology; (G) develop models to facilitate the success- ful transition of individuals with disabilities from nonintegrated employment and employ- ment that is compensated at a wage less than the Federal minimum wage to competitive in- tegrated employment; (H) develop models to maximize opportuni- ties for integrated community living, includ- ing employment and independent living, for individuals with disabilities; (I) provide training and continuing edu- cation for personnel involved with community living for individuals with disabilities; (J) develop model procedures for testing and evaluating the community living related needs of individuals with disabilities; (K) develop model training programs to teach individuals with disabilities skills which will lead to integrated community living and full participation in the community; and (L) develop new approaches for long-term services and supports for individuals with dis- abilities, including supports necessary for competitive integrated employment. (12) Research grants may be used to conduct an independent living or a rehabilitation re- search program under which financial assistance is provided in order to— (A) test new concepts and innovative ideas; (B) demonstrate research results of high po- tential benefits; (C) purchase prototype aids and devices for evaluation; (D) develop unique independent living or re- habilitation training curricula; and (E) be responsive to special initiatives of the Director. No single grant under this paragraph may ex- ceed $50,000 in any fiscal year and all payments made under this paragraph in any fiscal year may not exceed 5 percent of the amount avail- able for this section to the National Institute on Disability, Independent Living, and Rehabilita- tion Research in any fiscal year. Regulations and administrative procedures with respect to financial assistance under this paragraph shall, to the maximum extent possible, be expedited. (13) Research grants may be used to conduct studies of the independent living and rehabilita- tion needs of American Indian populations and of effective mechanisms for the delivery of reha- bilitation services to Indians residing on and off reservations. (14) Research grants may be used to conduct a demonstration program under which one or more projects national in scope shall be estab- lished to develop procedures to provide incen- tives for the development, manufacturing, and marketing of orphan technological devices, in- cluding technology transfer concerning such de- vices, designed to enable individuals with dis- abilities to achieve independence, full participa- tion, and economic self-sufficiency. (15)(A) Research grants may be used to con- duct a research program related to quality as- surance in the area of rehabilitation technology. (B) Activities carried out under the research program may include— (i) the development of methodologies to evaluate rehabilitation technology products and services and the dissemination of the methodologies to consumers and other inter- ested parties; (ii) identification of models for service pro- vider training and evaluation and certification of the effectiveness of the models; (iii) identification and dissemination of out- come measurement models for the assessment of rehabilitation technology products and services; and (iv) development and testing of research- based tools to enhance consumer decision- making about rehabilitation technology prod- ucts and services. (16) Research grants may be used to provide for research and demonstration projects and re- lated activities that explore the use and effec- tiveness of specific alternative or complemen- tary medical practices for individuals with dis- abilities. Such projects and activities may in- clude projects and activities designed to— (A) determine the use of specific alternative or complementary medical practices among individuals with disabilities and the perceived effectiveness of the practices; (B) determine the specific information sources, decisionmaking methods, and meth- ods of payment used by individuals with dis- Page 269 TITLE 29—LABOR § 764 abilities who access alternative or com- plementary medical services; (C) develop criteria to screen and assess the validity of research studies of such practices for individuals with disabilities; and (D) determine the effectiveness of specific alternative or complementary medical prac- tices that show promise for promoting in- creased functioning, prevention of secondary disabilities, or other positive outcomes for in- dividuals with certain types of disabilities, by conducting controlled research studies. (c) Site visits; grant limitations (1) In carrying out evaluations of covered ac- tivities under this section, the Director is au- thorized to make arrangements for site visits to obtain information on the accomplishments of the projects. (2) The Director shall not make a grant under this section that exceeds $500,000 unless the peer review of the grant application has included a site visit. (d) Application for grants (1) In awarding grants, contracts, or coopera- tive agreements under this subchapter, the Di- rector shall award the funding on a competitive basis. (2)(A) To be eligible to receive funds under this section for a covered activity, an entity de- scribed in subsection (a)(1) shall submit an ap- plication to the Director at such time, in such manner, and containing such information as the Director may require. (B) The application shall include information describing— (i) measurable goals, as established through section 1115 of title 31, and a timeline and spe- cific plan for meeting the goals, that the ap- plicant has established; (ii) how the project will address 1 or more of the following: commercialization of a market- able product, technology transfer (if applica- ble), dissemination of any research results, and other priorities as established by the Di- rector; and (iii) how the applicant will quantifiably measure the goals to determine whether such goals have been accomplished. (3)(A) In the case of an application for funding under this section to carry out a covered activ- ity that results in the development of a market- able product, the application shall also include a commercialization and dissemination plan, as appropriate, containing commercialization and marketing strategies for the product involved, and strategies for disseminating information about the product. The funding received under this section shall not be used to carry out the commercialization and marketing strategies. (B) In the case of any other application for funding to carry out a covered activity under this section, the application shall also include a dissemination plan, containing strategies for disseminating educational materials, research results, or findings, conclusions, and rec- ommendations, resulting from the covered ac- tivity. (Pub. L. 93–112, title II, § 204, as added Pub. L. 105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1173; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 401(16)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412; Pub. L. 105–394, title IV, § 402(b), Nov. 13, 1998, 112 Stat. 3661; Pub. L. 111–256, § 2(d)(2), Oct. 5, 2010, 124 Stat. 2643; Pub. L. 113–128, title IV, § 435, July 22, 2014, 128 Stat. 1666.) Editorial Notes REFERENCES IN TEXT The Assistive Technology Act of 1998, referred to in subsec. (b)(3)(C)(i), (G)(i), is Pub. L. 105–394, Nov. 13, 1998, 112 Stat. 3627, which is classified principally to chapter 31 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables. The Americans with Disabilities Act of 1990, referred to in subsec. (b)(3)(D)(i)(III), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 12101 of Title 42 and Tables. PRIOR PROVISIONS Provisions similar to this section were contained in section 762 of this title prior to the general amendment of this subchapter by Pub. L. 105–220. A prior section 764, Pub. L. 93–112, title II, § 204, Sept. 26, 1973, 87 Stat. 376, provided that a full report on re- search and training activities be included in annual re- port to Congress, prior to repeal by Pub. L. 95–602, title I, § 109(3), Nov. 6, 1978, 92 Stat. 2963. AMENDMENTS 2014—Subsec. (a)(1). Pub. L. 113–128, § 435(1)(A), sub- stituted ‘‘fund’’ for ‘‘pay’’ and ‘‘employment, edu- cation, independent living, health and wellness,’’ for ‘‘employment, independent living,’’ and inserted ‘‘have practical applications and’’ before ‘‘maximize’’. Subsec. (a)(2)(A). Pub. L. 113–128, § 435(1)(B)(i), in- serted ‘‘and from which the research findings, conclu- sions, or recommendations can be transferred to prac- tice’’ after ‘‘State agencies’’. Subsec. (a)(2)(B)(ii). Pub. L. 113–128, § 435(1)(B)(ii)(I), added cl. (ii) and struck out former cl. (ii) which read as follows: ‘‘studies and analysis of industrial, voca- tional, social, recreational, psychiatric, psychological, economic, and other factors affecting rehabilitation of individuals with disabilities;’’. Subsec. (a)(2)(B)(iii). Pub. L. 113–128, § 435(1)(B)(ii)(II), substituted ‘‘have significant challenges engaging in community life outside their homes and individuals who are in institutional settings;’’ for ‘‘are homebound and individuals who are institutionalized;’’. Subsec. (a)(2)(B)(iv). Pub. L. 113–128, § 435(1)(B)(ii)(III), inserted ‘‘, including the principles of universal design and the interoperability of products and services’’ after ‘‘disabilities’’. Subsec. (a)(2)(B)(v). Pub. L. 113–128, § 435(1)(B)(ii)(IV), inserted ‘‘, and to promoting employment opportuni- ties in competitive integrated employment’’ after ‘‘em- ployment’’. Subsec. (a)(2)(B)(vii). Pub. L. 113–128, § 435(1)(B)(ii)(VI), substituted ‘‘, assistive technology, and communications technology; and’’ for ‘‘and assist- ive technology.’’ Subsec. (a)(2)(B)(viii). Pub. L. 113–128, § 435(1)(B)(ii)(V), (VII), added cl. (viii). Subsec. (a)(3). Pub. L. 113–128, § 435(1)(C), added par. (3). Subsec. (b)(1). Pub. L. 113–128, § 435(2)(A), substituted ‘‘(17)’’ for ‘‘(18)’’ in two places. Subsec. (b)(2)(A)(i), (ii). Pub. L. 113–128, § 435(2)(B)(i), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows: ‘‘(i) be operated in collaboration with institutions of higher education or providers of rehabilitation services or other appropriate services; and Page 270 TITLE 29—LABOR § 764 ‘‘(ii) serve as centers of national excellence and na- tional or regional resources for providers and individ- uals with disabilities and the individuals’ representa- tives.’’ Subsec. (b)(2)(B)(i). Pub. L. 113–128, § 435(2)(B)(ii)(I), inserted ‘‘independent living and’’ after ‘‘research in’’ and after ‘‘will improve’’ and substituted ‘‘maximize health and function (including alleviating or stabi- lizing conditions, or preventing secondary conditions), and promote maximum social and economic independ- ence of individuals with disabilities, including pro- moting the ability of the individuals to prepare for, se- cure, retain, regain, or advance in employment;’’ for ‘‘alleviate or stabilize disabling conditions, and pro- mote maximum social and economic independence of individuals with disabilities, especially promoting the ability of the individuals to prepare for, secure, retain, regain, or advance in employment;’’. Subsec. (b)(2)(B)(ii). Pub. L. 113–128, § 435(2)(B)(ii)(III), added cl. (ii). Former cl. (ii) redesignated (iii). Subsec. (b)(2)(B)(iii). Pub. L. 113–128, § 435(2)(B)(ii)(IV), inserted ‘‘independent living and’’ before ‘‘rehabilita- tion services’’. Pub. L. 113–128, § 435(2)(B)(ii)(II), redesignated cl. (ii) as (iii). Former cl. (iii) redesignated (iv). Subsec. (b)(2)(B)(iv). Pub. L. 113–128, § 435(2)(B)(ii)(V), inserted ‘‘independent living and’’ before ‘‘rehabilita- tion’’ in two places and struck out ‘‘and’’ at end. Pub. L. 113–128, § 435(2)(B)(ii)(II), redesignated cl. (iii) as (iv). Former cl. (iv) redesignated (v). Subsec. (b)(2)(B)(v). Pub. L. 113–128, § 435(2)(B)(ii)(VI), added cl. (v) and struck out former cl. (v) which read as follows: ‘‘serving as an informational and technical as- sistance resource to providers, individuals with disabil- ities, and the individuals’ representatives, through con- ferences, workshops, public education programs, in- service training programs, and similar activities.’’ Pub. L. 113–128, § 435(2)(B)(ii)(II), redesignated cl. (iv) as (v). Subsec. (b)(2)(B)(vi). Pub. L. 113–128, § 435(2)(B)(ii)(VI), added cl. (vi). Subsec. (b)(2)(C)(i). Pub. L. 113–128, § 435(2)(B)(iii)(I), inserted ‘‘, including research on assistive technology devices, assistive technology services, and accessible electronic and information technology devices’’ after ‘‘rehabilitation research’’. Subsec. (b)(2)(C)(ii). Pub. L. 113–128, § 435(2)(B)(iii)(II), substituted ‘‘, social, and economic’’ for ‘‘and social’’ and inserted ‘‘independent living and’’ before ‘‘rehabili- tation’’. Subsec. (b)(2)(C)(iii). Pub. L. 113–128, § 435(2)(B)(iii)(V), substituted ‘‘that promotes the emotional, social, edu- cational, and functional growth of children who are in- dividuals with disabilities, as well as their integration in school, employment, and community activities;’’ for ‘‘to develop and evaluate interventions, policies, and services that support families of those children and adults who are individuals with disabilities; and’’. Pub. L. 113–128, § 435(2)(B)(iii)(III), (IV), redesignated cl. (v) as (iii) and struck out former cl. (iii) which read as follows: ‘‘research related to vocational rehabilita- tion;’’. Subsec. (b)(2)(C)(iv). Pub. L. 113–128, § 435(2)(B)(iii)(VI), substituted ‘‘to develop and evaluate interventions, policies, and services that support fami- lies of those children and adults who are individuals with disabilities;’’ for ‘‘that will improve services and policies that foster the productivity, independence, and social integration of individuals with disabilities, and enable individuals with disabilities, including individ- uals with intellectual disabilities and other develop- mental disabilities, to live in their communities.’’ Pub. L. 113–128, § 435(2)(B)(iii)(III), (IV), redesignated cl. (vi) as (iv) and struck out former cl. (iv) which read as follows: ‘‘continuation of research that promotes the emotional, social, educational, and functional growth of children who are individuals with disabilities;’’. Subsec. (b)(2)(C)(v), (vi). Pub. L. 113–128, § 435(2)(B)(iii)(VII), added cls. (v) and (vi). Former cls. (v) and (vi) redesignated (iii) and (iv), respectively. Subsec. (b)(2)(D). Pub. L. 113–128, § 435(2)(B)(iv), added subpar. (D) and struck out former subpar. (D) which read as follows: ‘‘Training of students preparing to be rehabilitation personnel shall be an important priority for such a Center.’’ Subsec. (b)(2)(E). Pub. L. 113–128, § 435(2)(B)(v), struck out ‘‘comprehensive’’ after ‘‘both’’. Subsec. (b)(2)(G)(i). Pub. L. 113–128, § 435(2)(B)(vi), in- serted ‘‘independent living and’’ before ‘‘rehabilitation- related’’. Subsec. (b)(2)(I). Pub. L. 113–128, § 435(2)(B)(vii), (viii), redesignated subpar. (J) as (I) and struck out former subpar. (I) which read as follows: ‘‘The Director shall encourage the Centers to develop practical applications for the findings of the research of the Centers.’’ Subsec. (b)(2)(J) to (N). Pub. L. 113–128, § 435(2)(B)(viii), redesignated subpars. (K) to (O) as (J) to (N), respectively. Former subpar. (J) redesignated (I). Subsec. (b)(3)(A). Pub. L. 113–128, § 435(2)(C)(i), in- serted ‘‘independent living strategies and’’ before ‘‘re- habilitation technology’’. Subsec. (b)(3)(B)(i)(I). Pub. L. 113–128, § 435(2)(C)(ii)(I), inserted ‘‘independent living and’’ before ‘‘rehabilita- tion problems’’. Subsec. (b)(3)(B)(ii)(II). Pub. L. 113–128, § 435(2)(C)(ii)(II), substituted ‘‘educational, employ- ment,’’ for ‘‘employment’’. Subsec. (b)(3)(B)(iii)(II). Pub. L. 113–128, § 435(2)(C)(ii)(III), substituted ‘‘educational, employ- ment,’’ for ‘‘employment’’. Subsec. (b)(3)(D)(i)(II). Pub. L. 113–128, § 435(2)(C)(iii), substituted ‘‘postsecondary education, competitive in- tegrated employment, and other age-appropriate’’ for ‘‘postschool’’. Subsec. (b)(3)(G)(ii). Pub. L. 113–128, § 435(2)(C)(iv), in- serted ‘‘the impact of any commercialized product re- searched or developed through the Center,’’ after ‘‘indi- viduals with disabilities,’’. Subsec. (b)(4)(B)(i). Pub. L. 113–128, § 435(2)(D)(i), sub- stituted ‘‘independent living, employment,’’ for ‘‘voca- tional’’ and ‘‘unique’’ for ‘‘special’’ and inserted ‘‘social and functional needs, and’’ before ‘‘acute care’’. Subsec. (b)(4)(B)(iv). Pub. L. 113–128, § 435(2)(D)(ii), in- serted ‘‘education, health and wellness,’’ after ‘‘em- ployment,’’. Subsec. (b)(8). Pub. L. 113–128, § 435(2)(E), added par. (8) and struck out former par. (8) which read as follows: ‘‘Research grants may be used to conduct a program of joint projects with the National Institutes of Health, the National Institute of Mental Health, the Health Services Administration, the Administration on Aging, the National Science Foundation, the Veterans’ Admin- istration, the Department of Health and Human Serv- ices, the National Aeronautics and Space Administra- tion, other Federal agencies, and private industry in areas of joint interest involving rehabilitation.’’ Subsec. (b)(9). Pub. L. 113–128, § 435(2)(F), (G), redesig- nated par. (10) as (9) and struck out former par. (9) which read as follows: ‘‘Research grants may be used to conduct a program of research related to the rehabili- tation of children, or older individuals, who are individ- uals with disabilities, including older American Indians who are individuals with disabilities. Such research program may include projects designed to assist the ad- justment of, or maintain as residents in the commu- nity, older workers who are individuals with disabil- ities on leaving the workforce.’’ Subsec. (b)(10). Pub. L. 113–128, § 435(2)(G), redesig- nated par. (12) as (10). Former par. (10) redesignated (9). Subsec. (b)(11). Pub. L. 113–128, § 435(2)(H)(i), sub- stituted ‘‘employment needs, opportunities, and out- comes (including those relating to self-employment, supported employment, and telecommuting) of individ- uals with disabilities, including’’ for ‘‘employment needs of individuals with disabilities, including’’ in in- troductory provisions. Pub. L. 113–128, § 435(2)(F), (G), redesignated par. (13) as (11) and struck out former par. (11) which read as fol- lows: ‘‘Research grants may be used to conduct a model Page 271 TITLE 29—LABOR § 765 research and demonstration project designed to assess the feasibility of establishing a center for producing and distributing to individuals who are deaf or hard of hearing captioned video cassettes providing a broad range of educational, cultural, scientific, and voca- tional programming.’’ Subsec. (b)(11)(B). Pub. L. 113–128, § 435(2)(H)(ii), in- serted ‘‘and employment related’’ after ‘‘the employ- ment’’. Subsec. (b)(11)(G) to (L). Pub. L. 113–128, § 435(2)(H)(iii)–(v), added subpars. (G) to (L). Subsec. (b)(12). Pub. L. 113–128, § 435(2)(I)(i), (iii), in in- troductory provisions, inserted ‘‘an independent living or’’ after ‘‘conduct’’ and, in concluding provisions, sub- stituted ‘‘National Institute on Disability, Independent Living, and Rehabilitation Research’’ for ‘‘National In- stitute on Disability and Rehabilitation Research’’. Pub. L. 113–128, § 435(2)(G), redesignated par. (14) as (12). Former par. (12) redesignated (10). Subsec. (b)(12)(D). Pub. L. 113–128, § 435(2)(I)(ii), in- serted ‘‘independent living or’’ before ‘‘rehabilitation’’. Subsec. (b)(13). Pub. L. 113–128, § 435(2)(J), inserted ‘‘independent living and’’ before ‘‘rehabilitation needs’’. Pub. L. 113–128, § 435(2)(G), redesignated par. (15) as (13). Former par. (13) redesignated (11). Subsec. (b)(14). Pub. L. 113–128, § 435(2)(K), substituted ‘‘, full participation, and economic self-sufficiency.’’ for ‘‘and access to gainful employment.’’ Pub. L. 113–128, § 435(2)(G), redesignated par. (16) as (14). Former par. (14) redesignated (12). Subsec. (b)(15) to (18). Pub. L. 113–128, § 435(2)(G), re- designated pars. (17) and (18) as (15) and (16), respec- tively. Former pars. (15) and (16) redesignated (13) and (14), respectively. Subsec. (d). Pub. L. 113–128, § 435(3), added subsec. (d). 2010—Subsec. (b)(2)(C)(vi). Pub. L. 111–256 substituted ‘‘intellectual disabilities and other developmental dis- abilities’’ for ‘‘mental retardation and other develop- mental disabilities’’. 1998—Pub. L. 105–277 made technical amendment to directory language of Pub. L. 105–220, § 405, which en- acted this section. Subsec. (b)(3)(C)(i), (G)(i). Pub. L. 105–394 substituted ‘‘the Assistive Technology Act of 1998’’ for ‘‘the Tech- nology-Related Assistance for Individuals With Disabil- ities Act of 1988 (29 U.S.C. 2201 et seq.)’’. Statutory Notes and Related Subsidiaries DEFINITIONS For meaning of references to an intellectual dis- ability and to individuals with intellectual disabilities in provisions amended by section 2 of Pub. L. 111–256, see section 2(k) of Pub. L. 111–256, set out as a note under section 1400 of Title 20, Education. § 765. Disability, Independent Living, and Reha- bilitation Research Advisory Council (a) Establishment Subject to the availability of appropriations, the Secretary shall establish in the Department of Health and Human Services a Disability, Independent Living, and Rehabilitation Re- search Advisory Council (referred to in this sec- tion as the ‘‘Council’’) composed of not less than 12 members appointed by the Secretary. (b) Duties The Council shall advise the Director with re- spect to research priorities and the development and revision of the 5-year plan required by sec- tion 762(h) of this title. (c) Qualifications Members of the Council shall be generally rep- resentative of the community of disability, inde- pendent living, and rehabilitation professionals, the community of disability, independent living, and rehabilitation researchers, the directors of independent living centers and community reha- bilitation programs, the business community (including a representative of the small business community) that has experience with the sys- tem of vocational rehabilitation services and independent living services carried out under this chapter and with hiring individuals with disabilities, the community of stakeholders in- volved in assistive technology, the community of covered school professionals, and the commu- nity of individuals with disabilities, and the in- dividuals’ representatives. At least one-half of the members shall be individuals with disabil- ities or the individuals’ representatives. (d) Terms of appointment (1) Length of term Each member of the Council shall serve for a term of up to 3 years, determined by the Sec- retary, except that— (A) a member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed, shall be appointed for the remainder of such term; and (B) the terms of service of the members initially appointed shall be (as specified by the Secretary) for such fewer number of years as will provide for the expiration of terms on a staggered basis. (2) Number of terms No member of the Council may serve more than two consecutive full terms. Members may serve after the expiration of their terms until their successors have taken office. (e) Vacancies Any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment for the position being vacated. The vacancy shall not affect the power of the remaining members to execute the duties of the Council. (f) Payment and expenses (1) Payment Each member of the Council who is not an officer or full-time employee of the Federal Government shall receive a payment of $150 for each day (including travel time) during which the member is engaged in the perform- ance of duties for the Council. All members of the Council who are officers or full-time em- ployees of the United States shall serve with- out compensation in addition to compensation received for their services as officers or em- ployees of the United States. (2) Travel expenses Each member of the Council may receive travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for employees serving intermittently in the Government service, for each day the member is engaged in the performance of du- ties away from the home or regular place of business of the member. (g) Detail of Federal employees On the request of the Council, the Secretary may detail, with or without reimbursement, any