29 U.S.C. § 763 — Interagency Committee

Page 262 TITLE 29—LABOR § 763 1 So in original. Probably should be preceded by ‘‘from’’. § 763. Interagency Committee (a) Establishment; membership; meetings (1) In order to promote coordination and co- operation among Federal departments and agen- cies conducting disability, independent living, and rehabilitation research programs, including programs relating to assistive technology re- search and research that incorporates the prin- ciples of universal design, there is established within the Federal Government an Interagency Committee on Disability Research (hereinafter in this section referred to as the ‘‘Committee’’), chaired by the Secretary, or the Secretary’s des- ignee, and comprised of such members as the President may designate, including the fol- lowing (or their designees): the Director, the Commissioner of the Rehabilitation Services Administration, the Assistant Secretary for Special Education and Rehabilitative Services, the Assistant Secretary of Labor for Disability Employment Policy, the Secretary of Defense, the Administrator of the Administration for Community Living, the Secretary of Education, the Secretary of Veterans Affairs, the Director of the National Institutes of Health, the Direc- tor of the National Institute of Mental Health, the Administrator of the National Aeronautics and Space Administration, the Secretary of Transportation, the Assistant Secretary of the Interior for Indian Affairs, the Director of the Indian Health Service, the Director of the Na- tional Science Foundation and the Adminis- trator of the Small Business Administration. (2) The Committee shall meet not less than four times each year, and for not less than 1 of such meetings at least every 2 years, the Com- mittee shall invite policymakers, representa- tives from other Federal agencies conducting relevant research, individuals with disabilities, organizations representing individuals with dis- abilities, researchers, and providers, to offer input on the Committee’s work, including the development and implementation of the stra- tegic plan required under subsection (c). (b) Duties (1) After receiving input individuals 1 with dis- abilities, the Committee shall identify, assess, and seek to coordinate all Federal programs, ac- tivities, and projects, and plans for such pro- grams, activities, and projects with respect to the conduct of research (including assistive technology research and research that incor- porates the principles of universal design) re- lated to independent living and rehabilitation of individuals with disabilities. (2) In carrying out its duties with respect to the conduct of Federal research (including as- sistive technology research and research that incorporates the principles of universal design) related to rehabilitation of individuals with dis- abilities, the Committee shall— (A) share information regarding the range of assistive technology research, independent liv- ing research, and research that incorporates the principles of universal design, that is being carried out by members of the Com- mittee and other Federal departments and or- ganizations; (B) identify, and make efforts to address, gaps in assistive technology research, inde- pendent living research, and research that in- corporates the principles of universal design that are not being adequately addressed; (C) identify, and establish, clear research priorities related to assistive technology re- search and research that incorporates the principles of universal design for the Federal Government; (D) promote interagency collaboration and joint research activities relating to assistive technology research, independent living re- search, and research that incorporates the principles of universal design at the Federal level, and reduce unnecessary duplication of effort regarding these types of research within the Federal Government; and (E) optimize the productivity of Committee members through resource sharing and other cost-saving activities, related to assistive technology research, independent living re- search, and research that incorporates the principles of universal design. (c) Strategic plan (1) The Committee shall develop a comprehen- sive government wide strategic plan for dis- ability, independent living, and rehabilitation research. (2) The strategic plan shall include, at a min- imum— (A) a description of the— (i) measurable goals and objectives; (ii) existing resources each agency will de- vote to carrying out the plan; (iii) timetables for completing the projects outlined in the plan; and (iv) assignment of responsible individuals and agencies for carrying out the research activities; (B) research priorities and recommenda- tions; (C) a description of how funds from each agency will be combined, as appropriate, for projects administered among Federal agen- cies, and how such funds will be administered; (D) the development and ongoing mainte- nance of a searchable government wide inven- tory of disability, independent living, and re- habilitation research for trend and data anal- ysis across Federal agencies; (E) guiding principles, policies, and proce- dures, consistent with the best research prac- tices available, for conducting and admin- istering disability, independent living, and re- habilitation research across Federal agencies; and (F) a summary of underemphasized and du- plicative areas of research. (3) The strategic plan described in this sub- section shall be submitted to the President and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. (d) Annual report Not later than December 31 of each year, the Committee shall prepare and submit, to the President and to the Committee on Education Page 263 TITLE 29—LABOR § 763 2 So in original. The period probably should be a semicolon. and the Workforce of the House of Representa- tives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report that— (1) describes the progress of the Committee in fulfilling the duties described in subsections (b) and (c), and including specifically for sub- section (c)— (A) a report of the progress made in imple- menting the strategic plan, including progress toward implementing the elements described in subsection (c)(2)(A); and (B) detailed budget information.2 (2) makes such recommendations as the Committee determines to be appropriate with respect to coordination of policy and develop- ment of objectives and priorities for all Fed- eral programs relating to the conduct of re- search (including assistive technology re- search and research that incorporates the principles of universal design) related to reha- bilitation of individuals with disabilities; and (3) describes the activities that the Com- mittee recommended to be funded through grants, contracts, cooperative agreements, and other mechanisms, for assistive tech- nology research and development and research and development that incorporates the prin- ciples of universal design. (e) Definitions In this section— (1) the terms ‘‘assistive technology’’ and ‘‘universal design’’ have the meanings given the terms in section 3002 of this title; and (2) the term ‘‘independent living’’, used in connection with research, means research on issues and topics related to attaining max- imum self-sufficiency and function by individ- uals with disabilities, including research on assistive technology and universal design, em- ployment, education, health and wellness, and community integration and participation. (Pub. L. 93–112, title II, § 203, 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 II, § 201, Nov. 13, 1998, 112 Stat. 3651; Pub. L. 108–364, § 3(b)(1), Oct. 25, 2004, 118 Stat. 1737; Pub. L. 113–128, title IV, § 434, July 22, 2014, 128 Stat. 1664.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 761b of this title prior to the general amend- ment of this subchapter by Pub. L. 105–220. A prior section 763, Pub. L. 93–112, title II, § 203, Sept. 26, 1973, 87 Stat. 376, relating to making of grants and contracts for training of personnel involved in voca- tional services to handicapped individuals, was renum- bered section 304 of Pub. L. 93–112 and transferred to section 774 of this title prior to repeal by Pub. L. 113–128. AMENDMENTS 2014—Subsec. (a)(1). Pub. L. 113–128, § 434(1)(A), sub- stituted ‘‘conducting disability, independent living, and rehabilitation research’’ for ‘‘conducting rehabili- tation research’’, ‘‘chaired by the Secretary, or the Secretary’s designee,’’ for ‘‘chaired by the Director’’, and ‘‘the Director of the National Science Foundation and the Administrator of the Small Business Adminis- tration.’’ for ‘‘and the Director of the National Science Foundation.’’ and inserted ‘‘the Assistant Secretary of Labor for Disability Employment Policy, the Secretary of Defense, the Administrator of the Administration for Community Living,’’ after ‘‘Assistant Secretary for Special Education and Rehabilitative Services,’’. Subsec. (a)(2). Pub. L. 113–128, § 434(1)(B), inserted ‘‘, and for not less than 1 of such meetings at least every 2 years, the Committee shall invite policy- makers, representatives from other Federal agencies conducting relevant research, individuals with disabil- ities, organizations representing individuals with dis- abilities, researchers, and providers, to offer input on the Committee’s work, including the development and implementation of the strategic plan required under subsection (c)’’ after ‘‘each year’’. Subsec. (b)(1). Pub. L. 113–128, § 434(2)(A), substituted ‘‘individuals with disabilities’’ for ‘‘from targeted indi- viduals’’ and inserted ‘‘independent living and’’ before ‘‘rehabilitation’’. Subsec. (b)(2)(A). Pub. L. 113–128, § 434(2)(B)(i), in- serted ‘‘independent living research,’’ after ‘‘assistive technology research,’’. Subsec. (b)(2)(B). Pub. L. 113–128, § 434(2)(B)(ii), in- serted ‘‘, independent living research,’’ after ‘‘assistive technology research’’. Subsec. (b)(2)(D), (E). Pub. L. 113–128, § 434(2)(B)(iii), (iv), substituted ‘‘, independent living research, and re- search that incorporates the principles of universal de- sign’’ for ‘‘and research that incorporates the principles of universal design’’. Subsec. (c). Pub. L. 113–128, § 434(5), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 113–128, § 434(6)(A), substituted ‘‘Committee on Health, Education, Labor, and Pensions of the Senate’’ for ‘‘Committee on Labor and Human Resources of the Senate’’ in introductory provisions. Pub. L. 113–128, § 434(3), (4), redesignated subsec. (c) as (d) and struck out former subsec. (d) which related to recommendations for coordinating research among Federal departments. Subsec. (d)(1). Pub. L. 113–128, § 434(6)(B), added par. (1) and struck out former par. (1) which read as follows: ‘‘describes the progress of the Committee in fulfilling the duties described in subsection (b) of this section;’’. Subsec. (e)(2). Pub. L. 113–128, § 434(7), added par. (2) and struck out former par. (2) which read as follows: ‘‘the term ‘targeted individuals’ has the meaning given the term ‘targeted individuals and entities’ in section 3002 of this title.’’ 2004—Subsec. (e). Pub. L. 108–364 added subsec. (e) and struck out former subsec. (e) which read as follows: ‘‘In this section, the terms ‘assistive technology’, ‘targeted individuals’, and ‘universal design’ have the meanings given the terms in section 3002 of this title.’’ 1998—Pub. L. 105–277 made technical amendment to directory language of Pub. L. 105–220, § 405, which en- acted this section. Subsec. (a)(1). Pub. L. 105–394, § 201(1), inserted ‘‘in- cluding programs relating to assistive technology re- search and research that incorporates the principles of universal design,’’ after ‘‘programs,’’. Subsec. (b). Pub. L. 105–394, § 201(2), designated exist- ing provisions as par. (1), substituted ‘‘targeted individ- uals’’ for ‘‘individuals with disabilities and the individ- uals’ representatives’’, inserted ‘‘(including assistive technology research and research that incorporates the principles of universal design)’’ after ‘‘research’’, and added par. (2). Subsec. (c). Pub. L. 105–394, § 201(3), added subsec. (c) and struck out former subsec. (c) which read as follows: ‘‘The Committee shall annually submit to the Presi- dent and to the appropriate committees of the Congress a report making such recommendations as the Com- mittee deems appropriate with respect to coordination of policy and development of objectives and priorities 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-