Page 239 TITLE 29—LABOR § 761a

1So in original. A closing parenthesis probably should precede

the semicolon.

‘‘for the purpose of carrying out section 762 of this

title, $50,000,000 for the fiscal year ending September 30,

1979, $75,000,000 for the fiscal year ending September 30,

1980, $90,000,000 for the fiscal year ending September 30,

1981, and $100,000,000 for the fiscal year ending September 30, 1982’’.

1978—Subsec. (a). Pub. L. 95–602 substituted provision

authorizing appropriation of sums as may be necessary

for the fiscal year ending Sept. 30, 1979 and the three

succeeding fiscal years, for expenses of the National Institute of Handicapped Research, other than expenses

for research, and for the expenses for research,

$50,000,000 for the fiscal year ending Sept. 30, 1979,

$75,000,000 for the fiscal year ending Sept. 30, 1980,

$90,000,000 for the fiscal year ending Sept. 30, 1981, and

$100,000,000 for the fiscal year ending Sept. 30, 1982 for

provision authorizing appropriations for research of

$25,000,000 for each of the fiscal years ending June 30,

1974 and June 30, 1975, $32,000,000 for the fiscal year ending June 30, 1976, and $30,000,000 for each of the fiscal

years ending Sept. 30, 1977 and Sept. 30, 1978, with certain spending requirements for the establishment of rehabilitation engineering research centers, and for

training, $27,700,000 for each of the fiscal years ending

June 30, 1974 and June 30, 1975, $32,000,000 for the fiscal

year ending June 30, 1976, $25,000,000 for the fiscal year

ending Sept. 30, 1977, and $30,000,000 for the fiscal year

ending Sept. 30, 1978.

1976—Subsec. (a)(1). Pub. L. 94–230, §3(a), inserted provision authorizing appropriations of $30,000,000 for the

fiscal year ending Sept. 30, 1977.

Pub. L. 94–230, §11(b)(5), inserted provision authorizing appropriations of $30,000,000 for the fiscal year ending Sept. 30, 1978.

Subsec. (a)(2). Pub. L. 94–230, §3(b), inserted provision

authorizing appropriations of $25,000,000 for the fiscal

year ending Sept. 30, 1977.

Pub. L. 94–230, §11(b)(6), inserted provision authorizing appropriations of $30,000,000 for the fiscal year ending Sept. 30, 1978.

1974—Subsec. (a)(1). Pub. L. 93–516, §103(1), (2), inserted provision authorizing appropriation of $32,000,000

for the fiscal year ending June 30, 1976, and substituted

‘‘such fiscal years, respectively, and 25 per centum of

the amounts appropriated in each succeeding fiscal

year’’ for ‘‘such fiscal years, respectively,’’.

Pub. L. 93–651, §103(1), (2), amended subsec. (a)(1) in

exactly the same manner as it was amended by Pub. L.

93–516.

Subsec. (a)(2). Pub. L. 93–516, §103(3), inserted provision authorizing appropriation of $32,000,000 for the fiscal year ending June 30, 1976.

Pub. L. 93–651, §103(3), amended subsec. (a)(2) in exactly the same manner as it was amended by Pub. L.

93–516.

EXTENSION OF VOCATIONAL REHABILITATION PROGRAMS

THROUGH FISCAL YEAR ENDING SEPTEMBER 30, 1978;

EFFECTIVE DATE OF 1976 AMENDMENT

For contingency provisions relating to the extensions

of program authorizations and to the effective date of

such extensions, see section 11(a), (b)(1), and (c) of Pub.

L. 94–230, set out as a note under section 720 of this

title.

§ 761a. National Institute on Disability and Rehabilitation Research

(a) Establishment; Director as principal officer

(1) There is established within the Department

of Education a National Institute on Disability

and Rehabilitation Research (hereinafter in this

subchapter referred to as the ‘‘Institute’’), which

shall be headed by a Director (hereinafter in this

subchapter referred to as the ‘‘Director’’), in

order to—

(A) promote, coordinate, and provide for—

(i) research;

(ii) demonstration projects; and

(iii) related activities,

with respect to individuals with disabilities;

(B) more effectively carry out activities

through the programs under section 762 of this

title;

(C) widely disseminate information from the

activities described in clauses (i) through (iii)

of subparagraph (A) and subparagraph (B); and

(D) provide leadership in advancing the quality of life of individuals with disabilities.

(2) In the performance of the functions of the

office, the Director shall be directly responsible

to the Secretary or to the same Under Secretary

or Assistant Secretary of the Department of

Education to whom the Commissioner is responsible under section 702(a) of this title.

(b) Duties of Director

The Director, through the Institute, shall be

responsible for—

(1) administering the programs described in

section 762 of this title,

(2) widely disseminating findings, conclusions, and recommendations, resulting from

research, demonstration projects, and related

activities funded by the Institute, to—

(A) other Federal, State, tribal, and local

public agencies;

(B) private organizations engaged in research relating to rehabilitation or providing rehabilitation services;

(C) rehabilitation practitioners; and

(D) individuals with disabilities and the

parents, family members, guardians, advocates, or authorized representatives of such

individuals;

(3) coordinating, through the Interagency

Committee established by section 761b of this

title, all Federal programs and policies relating to research in rehabilitation;

(4) widely disseminating educational materials and research results, concerning ways to

maximize the full inclusion and integration

into society, employment, independent living,

family support, and economic and social selfsufficiency of individuals with disabilities,

to—

(A) public and private entities, including—

(i) elementary and secondary schools (as

defined in section 8801 of title 20; 1 and

(ii) institutions of higher education;

(B) rehabilitation practitioners;

(C) individuals with disabilities (especially

such individuals who are members of minority groups or of populations that are unserved or underserved by programs under

this chapter); and

(D) the parents, family members, guardians, advocates, or authorized representatives of the individuals described in subparagraph (C);

(5) conducting an education program to inform the public about ways of providing for

the rehabilitation of individuals with disabilities, including information relating to family

care and self care;
§ 761a TITLE 29—LABOR Page 240

2So in original. Probably should be ‘‘necessary’’.

(6) conducting conferences, seminars, and

workshops (including in-service training programs and programs for individuals with disabilities) concerning advances in rehabilitation research and rehabilitation technology,

pertinent to the full inclusion and integration

into society, employment, independent living,

family support, and economic and social selfsufficiency of individuals with disabilities;

(7) taking whatever action is necessary to

keep the Congress fully and currently informed with respect to the implementation

and conduct of programs and activities carried

out under this subchapter, including dissemination activities;

(8) producing, in conjunction with the Department of Labor, the National Center for

Health Statistics, the Bureau of the Census,

the Health Care Financing Administration,

the Social Security Administration, the Bureau of Indian Affairs, the Indian Health Service, and other Federal departments and agencies, as may be appropriate, statistical reports

and studies on the employment, health, income, and other demographic characteristics

of individuals with disabilities, including information on individuals with disabilities who

live in rural or inner-city settings, with particular attention given to underserved populations, and widely disseminating such reports

and studies to rehabilitation professionals, individuals with disabilities, the parents, family

members, guardians, advocates, or authorized

representatives of such individuals, and others

to assist in the planning, assessment, and

evaluation of vocational and other rehabilitation services for individuals with disabilities;

(9) conducting research on consumer satisfaction with vocational rehabilitation services

for the purpose of identifying effective rehabilitation programs and policies that promote

the independence of individuals with disabilities and achievement of long-term vocational

goals;

(10) conducting research to examine the relationship between the provision of specific services and long-term vocational outcomes; and

(11) coordinating activities with the Attorney General regarding the provision of information, training, or technical assistance regarding the Americans with Disabilities Act of

1990 (42 U.S.C. 12101 et seq.) to ensure consistency with the plan for technical assistance required under section 506 of such Act (42 U.S.C.

12206).

(c) Appointment of Director; Deputy Director;

employment of technical and professional

personnel; consultants

(1) The Director of the Institute shall be appointed by the Secretary, except that the person

serving as the Director on October 29, 1992, may,

at the pleasure of the President, continue to

serve as Director. The Director shall be an individual with substantial experience in rehabilitation and in research administration. The Director shall be compensated at the rate payable for

level V of the Executive Schedule under section

5316 of title 5. The Director shall not delegate

any of the Director’s functions to any officer

who is not directly responsible to the Director.

(2) There shall be a Deputy Director of the Institute (hereinafter in this section referred to as

the ‘‘Deputy Director’’) who shall be appointed

by the Secretary. The Deputy Director shall be

an individual with substantial experience in rehabilitation and in research administration. The

Deputy Director shall be compensated at the

rate of pay for level 4 of the Senior Executive

Service Schedule under section 5382 of title 5,

and shall act for the Director during the absence

of the Director or the inability of the Director

to perform the essential functions of the job, exercising such powers as the Director may prescribe. The Deputy Director shall serve as Director until a Director is appointed under paragraph (1).

(3) The Director, subject to the approval of the

President, may appoint, for terms not to exceed

three years, without regard to the provisions of

title 5 governing appointment in the competitive service, and may compensate, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to

classification and General Schedule pay rates,

such technical and professional employees of the

Institute as the Director deems ncessary2 to accomplish the functions of the Institute and also

appoint and compensate without regard to such

provisions, in a number not to exceed one-fifth

of the number of full-time, regular technical and

professional employees of the Institute.

(4) The Director may obtain the services of

consultants, without regard to the provisions of

title 5 governing appointments in the competitive service.

(d) Fellowships

The Director, pursuant to regulations which

the Secretary shall prescribe, may establish and

maintain fellowships with such stipends and allowances, including travel and subsistence expenses provided for under title 5, as the Director

considers necessary to procure the assistance of

highly qualified research fellows, including individuals with disabilities, from the United States

and foreign countries.

(e) Scientific review of research grants and programs; peer review group

(1) The Director shall, pursuant to regulations

which the Secretary shall prescribe, provide for

scientific review of all research grants and programs over which the Director has authority by

utilizing, to the maximum extent possible, appropriate peer review groups established within

the Institute and composed of non-Federal scientists and other experts in the rehabilitation

field (including experts in the independent living field) competent to review research grants

and programs, including knowledgeable individuals with disabilities, and the parents, family

members, guardians, advocates, or authorized

representatives of the individuals. The Director

shall solicit nominations for such peer review

groups from the public and shall publish the

names of the individuals selected. Individuals

comprising each peer review group shall be selected from a pool of qualified individuals to facilitate knowledgeable, cost-effective review.

(2) In providing for such scientific review, the

Secretary shall provide for training of such indi-
Page 241 TITLE 29—LABOR § 761a

3So in original. Pars. (7) and (8) are similar to concluding provisions.

viduals and mechanisms to receive input from

individuals with disabilities, and from the parents, family members, guardians, advocates, or

authorized representatives of the individuals.

(f) Use of funds

Not less than 90 percent of the funds appropriated under this subchapter for any fiscal year

shall be expended by the Director to carry out

activities under this subchapter through grants,

contracts, or cooperative agreements. Up to 10

percent of the funds appropriated under this

subchapter for any fiscal year may be expended

directly for the purpose of carrying out the

functions of the Director under this section.

(g) Report to Congress; long-range plan for rehabilitation research; review

The Director shall develop and submit to appropriate committees of the Congress a longrange plan for rehabilitation research which

shall—

(1) identify any research which should be

conducted respecting the full inclusion and integration into society of individuals with disabilities, especially in the area of employment;

(2) determine the funding priorities for research activities under this section and explain the basis for such priorities, including a

detailed description of any new types of research recommended under this paragraph for

funding;

(3) specify appropriate goals and timetables

for activities to be conducted under this section;

(4) be developed in consultation with the Rehabilitation Research Advisory Council established under section 765 of this title and after

full consideration of the input of individuals

with disabilities and the parents, family members, guardians, advocates, or authorized representatives of the individuals, organizations

representing individuals with disabilities, providers of services furnished under this chapter,

and researchers in the rehabilitation field;

(5) specify plans for widespread dissemination of research results in accessible formats

to rehabilitation practitioners, individuals

with disabilities, and the parents, family

members, guardians, advocates, or authorized

representatives of the individuals;

(6) specify plans for widespread dissemination of research results that concern individuals with disabilities who are members of minority groups or of populations that are unserved or underserved by programs under this

chapter;

(7) 3 be developed by the Director—

(A) in coordination with the Commissioner; and

(B) in consultation with the National

Council on Disability established under subchapter IV of this chapter, the Secretary of

Education, officials responsible for the administration of the Developmental Disabilities Assistance and Bill of Rights Act (42

U.S.C. 6000 et seq.), the Interagency Committee on Disability Research established under

section 761b of this title, individuals with

disabilities, the parents, family members,

guardians, advocates, or authorized representatives of the individuals, and any

other persons or entities the Director considers appropriate; and

(8) 3 be revised, in the manner required by

this section—

(A) at least once every 5 years; and

(B) at any time determined to be necessary

by the Director.

The plan required by this subsection shall be developed by the Director in consultation with the

Commissioner, the National Council on Disability established under subchapter IV of this chapter, the Secretary of Education, officials responsible for the administration of the Developmental Disabilities Assistance and Bill of Rights

Act [42 U.S.C. 6000 et seq.], the Interagency Committee established by section 761b of this title,

and any other persons or entities the Director

considers appropriate. Such plan shall be reviewed at least once every three years and may

be revised at any time by the Director to the extent the Director considers necessary.

(h) Cooperation and consultation with other

agencies and departments on design of research programs

In order to promote cooperation among Federal departments and agencies conducting research programs, the Director shall consult with

the administrators of such programs, and with

the Interagency Committee established by section 761b of this title, regarding the design of research projects conducted by such entities and

the results and applications of such research.

(i) Comprehensive and coordinated research program; interagency cooperation

(1) The Director shall take appropriate actions

to provide for a comprehensive and coordinated

research program under this subchapter. In providing such a program, the Director may undertake joint activities with other Federal entities

engaged in research and with appropriate private entities. Any Federal entity proposing to

establish any research project related to the

purposes of this chapter shall consult, through

the Interagency Committee established by section 761b of this title, with the Director as

Chairperson of such Committee and provide the

Director with sufficient prior opportunity to

comment on such project.

(2) Any person responsible for administering

any program of the National Institutes of

Health, the Department of Veterans Affairs, the

National Science Foundation, the National

Aeronautics and Space Administration, the Office of Special Education and Rehabilitative

Services, or of any other Federal entity, shall,

through the Interagency Committee established

by section 761b of this title, consult and cooperate with the Director in carrying out such program if the program is related to the purposes of

this subchapter.

(j) Pediatric rehabilitation research; Pacific

Basin Research and Training Center; Rural

Rehabilitation Center

(1) The Director shall make a grant to an institution of higher education to support a program of pediatric rehabilitation research.
§ 761a TITLE 29—LABOR Page 242

(2) The Director shall support, either directly

or by way of grant or contract, a Research and

Training Center in the Pacific Basin in order to

improve services to individuals with disabilities

through relevant rehabilitation research and

training in the Pacific Basin and to assist in the

coordination of rehabilitation services provided

by a broad range of agencies and entities. Such

center shall—

(A) develop a sound demographic base,

(B) analyze, develop, and utilize appropriate

technology,

(C) develop a culturally relevant rehabilitation manpower development program, and

(D) facilitate interagency communication

and cooperation, implementing advanced information technology.

(3) The Director shall support, directly or by

grant or contract, a center associated with an

institution of higher education, for research and

training concerning the delivery of rehabilitation services to rural areas.

(k) Grants for training

The Director shall make grants to institutions

of higher education for the training of rehabilitation researchers, including individuals with

disabilities, with particular attention to research areas that support the implementation

and objectives of this chapter and that improve

the effectiveness of services authorized under

this chapter.

(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.)

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred

to in subsec. (b)(11), is Pub. L. 101–336, July 26, 1990, 104

Stat. 327, as amended, 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 section 12101 of Title 42 and Tables.

The provisions of title 5 governing appointments in

the competitive service, referred to in subsec. (c)(3), (4),

are classified generally to section 3301 et seq. of Title

5, Government Organization and Employees.

The Developmental Disabilities Assistance and Bill of

Rights Act, referred to in subsec. (g), is title I of Pub.

L. 88–164, as added by Pub. L. 98–527, §2, Oct. 19, 1984, 98

Stat. 2662, and amended, which is classified generally to

chapter 75 (§6000 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

6000 of Title 42 and Tables.

PRIOR PROVISIONS

A prior section 202 of Pub. L. 93–112, title II, Sept. 26,

1973, 87 Stat. 375, was classified to section 762 of this

title prior to renumbering as section 204 of Pub. L.

93–112.

AMENDMENTS

1994—Subsec. (b)(4)(A)(i). Pub. L. 103–382 substituted

‘‘section 8801 of title 20’’ for ‘‘paragraphs (8) and (21),

respectively, of section 2891 of title 20)’’.

Subsec. (b)(8). Pub. L. 103–218 substituted ‘‘characteristics of individuals with disabilities, including information on individuals with disabilities who live in

rural or inner-city settings, with particular attention

given to underserved populations,’’ for ‘‘characteristics

of individuals with disabilities’’.

1993—Subsec. (b)(2)(D). Pub. L. 103–73, §109(a)(1)(A),

substituted ‘‘such individuals’’ for ‘‘the individuals’’.

Subsec. (b)(4)(D). Pub. L. 103–73, §109(a)(1)(B), substituted ‘‘individuals described in subparagraph (C)’’

for ‘‘individuals’’.

Subsec. (c)(2). Pub. L. 103–73, §109(a)(2), which directed amendment of fourth sentence by substituting

‘‘The’’ for ‘‘In case of any vacancy in the office of the

Director, the’’, was executed by substituting ‘‘The’’ for

‘‘In the case of any vacancy in the office of the Director, the’’ before ‘‘Deputy Director shall serve’’, to reflect the probable intent of Congress.

Subsec. (g)(3). Pub. L. 103–73, §109(a)(3), struck out

‘‘and’’ at end.

Subsec. (g)(4) to (8). Pub. L. 103–73, §102(4), made technical correction to directory language of Pub. L.

102–569, §203(g)(5). See 1992 Amendment note below.

1992—Subsec. (a). Pub. L. 102–569, §203(a), in first sentence, substituted ‘‘(1) There’’ for ‘‘In order to promote

and coordinate research with respect to individuals

with disabilities and to more effectively carry out the

programs under section 762 of this title, there’’ and

‘‘, in order to—’’ and subpars. (A) to (D) for the period

at end, added par. (2), and struck out former second

sentence which read as follows: ‘‘In the performance of

the functions of the office, the Director shall be directly responsible to the Secretary or to the same

Under Secretary or Assistant Secretary of the Department of Education to whom the Commissioner is responsible under section 702(a) of this title.’’

Pub. L. 102–569, §102(p)(12)(A), substituted ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps’’

after ‘‘research with respect to’’ in first sentence.

Subsec. (b)(2). Pub. L. 102–569, §203(b)(1), added par. (2)

and struck out former par. (2) which read as follows:

‘‘disseminating information acquired through research

funded by the Institute to other Federal, State, tribal,

and local public agencies and to private organizations

engaged in research relating to rehabilitation or providing rehabilitation services;’’.

Subsec. (b)(4). Pub. L. 102–569, §203(b)(2), added par. (4)

and struck out former par. (4) which read as follows:

‘‘disseminating educational materials to primary and

secondary schools, institutions of higher education,

and to public and private entities concerning how the

quality of life of individuals with disabilities may be

improved;’’.

Pub. L. 102–569, §102(p)(12)(A), substituted ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps’’

after ‘‘quality of life of’’.

Subsec. (b)(5). Pub. L. 102–569, §102(p)(12)(A), substituted ‘‘individuals with disabilities’’ for ‘‘individuals

with handicaps’’.

Subsec. (b)(6). Pub. L. 102–569, §203(b)(3), added par. (6)

and struck out former par. (6) which read as follows:

‘‘conducting conferences, seminars, and workshops (including in-service training programs) concerning research and engineering advances in rehabilitation pertinent to the problems of individuals with disabilities;’’.

Pub. L. 102–569, §102(p)(12)(A), substituted ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps’’

after ‘‘problems of’’.

Subsec. (b)(7). Pub. L. 102–569, §203(b)(4), substituted

‘‘, including dissemination activities;’’ for ‘‘; and’’.

Subsec. (b)(8). Pub. L. 102–569, §203(b)(5), inserted ‘‘the

Health Care Financing Administration,’’ after ‘‘Bureau

of the Census,’’ and ‘‘widely’’ before ‘‘disseminating’’

and substituted ‘‘, individuals with disabilities, the
Page 243 TITLE 29—LABOR § 761a

parents, family members, guardians, advocates, or authorized representatives of such individuals, and others

to assist in the planning, assessment, and evaluation’’

for ‘‘and others to assist in the planning and evaluation’’ and a semicolon for the period at end.

Pub. L. 102–569, §102(p)(12)(A), substituted ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps’’

after ‘‘characteristics of’’ and ‘‘services for’’.

Subsec. (b)(9) to (11). Pub. L. 102–569, §203(b)(6), added

pars. (9) to (11).

Subsec. (c)(1). Pub. L. 102–569, §203(c)(1), in first sentence, substituted ‘‘appointed by the Secretary, except

that the person serving as the Director on October 29,

1992, may, at the pleasure of the President, continue to

serve as Director’’ for ‘‘appointed by the President, by

and with the advice and consent of the Senate’’ and

struck out fourth sentence which read as follows: ‘‘In

carrying out any of the Director’s functions under this

section, the Director shall be guided by general policies

of the National Council on Disability established in

subchapter IV of this chapter.’’

Pub. L. 102–569, §102(p)(12)(B), substituted ‘‘National

Council on Disability’’ for ‘‘National Council on the

Handicapped’’ in fourth sentence.

Subsec. (c)(2). Pub. L. 102–569, §203(c)(2), inserted after

first sentence ‘‘The Deputy Director shall be an individual with substantial experience in rehabilitation

and in research administration.’’, substituted ‘‘the rate

of pay for level 4 of the Senior Executive Service

Schedule under section 5382’’ for ‘‘the rate provided for

grade GS–17 of the General Schedule under section

5332’’ and ‘‘of the Director or the inability of the Director to perform the essential functions of the job’’ for

‘‘or disability of the Director’’, and struck out at end

‘‘The position created by this paragraph shall be in addition to the number of positions placed in grade GS–17

of the General Schedule under section 5108 of title 5.’’

Subsec. (d). Pub. L. 102–569, §203(d), inserted

‘‘, including individuals with disabilities,’’ after ‘‘fellows’’.

Subsec. (e). Pub. L. 102–569, §203(e), designated existing provisions as par. (1), substituted ‘‘rehabilitation

field (including experts in the independent living field)

competent to review research grants and programs, including knowledgeable individuals with disabilities,

and the parents, family members, guardians, advocates,

or authorized representatives of the individuals. The

Director shall solicit nominations for such peer review

groups from the public and shall publish the names of

the individuals selected. Individuals comprising each

peer review group shall be selected from a pool of qualified individuals to facilitate knowledgeable, cost-effective review.’’ for ‘‘rehabilitation field.’’, and added par.

(2).

Subsec. (f). Pub. L. 102–569, §203(f), added subsec. (f)

and struck out former subsec. (f) which read as follows:

‘‘Not less than 90 percent of the funds appropriated

under paragraph (2) of section 761(a) of this title to

carry out section 762 of this title shall be expended by

the Director to carry out such section through grants

or contracts with qualified public or private agencies

and individuals.’’

Subsec. (g). Pub. L. 102–569, §203(g)(1), struck out

‘‘within eighteen months after November 6, 1978,’’ after

‘‘Congress’’ in introductory provisions.

Subsec. (g)(1). Pub. L. 102–569, §203(g)(2), substituted

‘‘full inclusion and integration into society of individuals with disabilities, especially in the area of employment;’’ for ‘‘problems encountered by individuals with

disabilities in their daily activities, especially problems related to employment;’’.

Pub. L. 102–569, §102(p)(12)(A), substituted ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps’’

after ‘‘problems encountered by’’.

Subsec. (g)(2), (3). Pub. L. 102–569, §203(g)(3), (4),

struck out ‘‘and’’ at end of par. (2) and substituted

‘‘; and’’ for period at end of par. (3).

Subsec. (g)(4) to (8). Pub. L. 102–569, §203(g)(5), as

amended by Pub. L. 103–73, §102(4), added pars. (4) to (8).

Subsec. (i)(2). Pub. L. 102–569, §203(h), substituted

‘‘purposes of this subchapter’’ for ‘‘purposes of this section’’.

Subsec. (j)(1). Pub. L. 102–569, §203(i)(1), substituted

‘‘to support’’ for ‘‘for the establishment of’’.

Subsec. (j)(2). Pub. L. 102–569, §§102(p)(12)(A), 203(i)(2),

substituted ‘‘Director shall support’’ for ‘‘Director

shall establish’’ and ‘‘individuals with disabilities’’ for

‘‘individuals with handicaps’’ in introductory provisions.

Subsec. (j)(3). Pub. L. 102–569, §203(i)(2), substituted

‘‘Director shall support’’ for ‘‘Director shall establish’’.

Subsec. (k). Pub. L. 102–569, §203(j), substituted ‘‘rehabilitation researchers, including individuals with disabilities, with particular attention to research areas

that support the implementation and objectives of this

chapter and that improve the effectiveness of services

authorized under this chapter.’’ for ‘‘researchers in the

field of rehabilitation of individuals with disabilities.’’

Pub. L. 102–569, §102(p)(12)(A), substituted ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps’’

after ‘‘rehabilitation of’’.

Subsec. (l). Pub. L. 102–569, §203(k), struck out subsec.

(l) which required submission to Congress of policy recommendations not later than one year after Oct. 21,

1986, for establishment of an agency designed to ensure

production and marketing of technology and distribution of such technology to individuals with disabilities.

Pub. L. 102–569, §102(p)(12)(A), substituted ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps’’

in two places.

Subsec. (m). Pub. L. 102–569, §203(k), struck out subsec. (m) which read as follows: ‘‘The Director shall conduct a study of health insurance practices and policies

which affect individuals with disabilities. Not later

than February 1, 1990, the Director shall submit a report of the study to the appropriate committees of the

Congress.’’

Pub. L. 102–569, §102(p)(12)(A), substituted ‘‘individuals with disabilities’’ for ‘‘individuals with handicaps’’.

1991—Subsec. (i)(2). Pub. L. 102–54 substituted ‘‘Department of Veterans Affairs’’ for ‘‘Veterans’ Administration’’.

1988—Subsec. (b)(8). Pub. L. 100–630, §203(b)(1), substituted ‘‘services for individuals with handicaps’’ for

‘‘services for the handicapped’’.

Subsec. (c)(1). Pub. L. 100–630, §203(b)(2)(A), (C), substituted ‘‘the Director’s’’ for ‘‘his’’ in two places and

‘‘responsible to the Director’’ for ‘‘responsible to him’’.

Pub. L. 100–630, §203(b)(2)(B), which directed amendment of par. (1) by striking ‘‘National Council on the

Handicapped’’ where it appears in the third sentence

and inserting ‘‘National Council on Disability’’, could

not be executed because ‘‘National Council on the

Handicapped’’ appeared in the fourth sentence.

Subsec. (c)(3). Pub. L. 100–630, §203(b)(3), inserted

comma after ‘‘to such provisions’’.

Subsec. (g). Pub. L. 100–630, §203(b)(4)(A), which directed amendment of the second sentence of subsec. (g)

by striking ‘‘in the consultation’’ and inserting ‘‘in

consultation’’ could not be executed because the words

‘‘in the consultation’’ did not appear.

Pub. L. 100–630, §203(b)(4)(B), (5), in concluding provisions, substituted ‘‘National Council on Disability’’ for

‘‘National Council on the Handicapped’’ and ‘‘the Director considers necessary’’ for ‘‘necessary’’.

Subsec. (i)(2). Pub. L. 100–630, §203(b)(6), which directed amendment of par. (2) by substituting ‘‘Office of

Special Education and Rehabilitative Services’’ for

‘‘Office of Special Education and Rehabilitation Services’’ could not be executed because the words ‘‘Office

of Special Education and Rehabilitation Services’’ did

not appear.

Subsec. (j)(2). Pub. L. 100–630, §203(b)(7), amended par.

(2) generally. Prior to amendment, par. (2) read as follows: ‘‘The Director shall establish, either directly or

by way of grant or contract, a Research and Training

Center in the Pacific Basin in order to improve services

to individuals with handicaps through relevant rehabilitation research and training in the Pacific Basin

and to assist in the coordination of rehabilitation services provided by a broad range of agencies and entities.
§ 761b TITLE 29—LABOR Page 244

Such Center shall (A) develop a sound demographic

base, (B) analyze, develop, and utilize appropriate technology, (C) develop a culturally relevant rehabilitation

manpower development program, and (D) facilitate

interagency communication and cooperation, implementing advanced information technology.’’

Subsec. (l). Pub. L. 100–630, §203(b)(8), substituted ‘‘Director or the Interagency Committee on Disability Research’’ for ‘‘Director or the Committee on Handicapped Research’’, inserted a comma after ‘‘Further’’,

and substituted ‘‘views of the Interagency Committee

on Disability Research’’ for ‘‘views of the Interagency

Committee on Handicapped Research’’.

1986—Pub. L. 99–506, §302, substituted ‘‘National Institute on Disability and Rehabilitation Research’’ for

‘‘National Institute of Handicapped Research’’ in section catchline.

Subsec. (a). Pub. L. 99–506, §§103(d)(2)(C), 302,

1001(c)(1), substituted ‘‘individuals with handicaps’’ for

‘‘handicapped individuals’’, ‘‘National Institute on Disability and Rehabilitation Research’’ for ‘‘National Institute of Handicapped Research’’ and ‘‘the functions of

the office’’ for ‘‘his functions’’.

Subsec. (b)(2). Pub. L. 99–506, §303(a)(1), inserted

‘‘tribal,’’ after ‘‘State,’’.

Subsec. (b)(4) to (6). Pub. L. 99–506, §103(d)(2)(C), substituted ‘‘individuals with handicaps’’ for ‘‘handicapped

individuals’’.

Subsec. (b)(8). Pub. L. 99–506, §§103(d)(2)(C), 303(a)(2),

inserted ‘‘the Bureau of Indian Affairs, the Indian

Health Service,’’ after ‘‘Administration’’ and substituted ‘‘individuals with handicaps’’ for ‘‘handicapped

individuals’’.

Subsec. (e). Pub. L. 99–506, §1001(c)(2), substituted

‘‘Director’’ for ‘‘he’’.

Subsec. (g). Pub. L. 99–506, §1001(c)(3), struck out ‘‘he

considers’’ before ‘‘necessary’’.

Subsec. (g)(1). Pub. L. 99–506, §103(d)(2)(C), substituted

‘‘individuals with handicaps’’ for ‘‘handicapped individuals’’.

Subsec. (i)(1). Pub. L. 99–506, §1001(c)(4), substituted

‘‘appropriate actions’’ for ‘‘whatever actions he considers appropriate’’ and ‘‘as Chairperson’’ for ‘‘in his role

of Chairman’’.

Subsec. (j)(1). Pub. L. 99–506, §1002(c), struck out ‘‘at

an institution of higher education’’ after ‘‘pediatric rehabilitation research’’.

Subsec. (j)(2). Pub. L. 99–506, §303(b), inserted provision that purpose of Research and Training Center is to

improve services to individuals with handicaps through

relevant rehabilitation research and training in the Pacific Basin and to assist in the coordination of rehabilitation services provided by a broad range of agencies

and entities, and provision requiring the Center to develop a sound demographic base, analyze, develop, and

utilize appropriate technology, develop a culturally relevant rehabilitation manpower development program,

and facilitate interagency communication and cooperation, implementing advanced information technology.

Subsec. (j)(3). Pub. L. 99–506, §303(c), added par. (3).

Subsecs. (k) to (m). Pub. L. 99–506, §303(d)–(f), added

subsecs. (k) to (m).

1984—Subsec. (a). Pub. L. 98–221, §122(a), substituted

‘‘Education’’ for ‘‘Health, Education, and Welfare’’ in

two places.

Subsec. (c)(1). Pub. L. 98–221, §122(b), inserted ‘‘The

Director shall be an individual with substantial experience in rehabilitation and in research administration.’’

Subsec. (g). Pub. L. 98–221, §104(b)(1), substituted

‘‘Secretary of Education’’ for ‘‘Commissioner of Education’’.

Subsec. (i)(2). Pub. L. 98–221, §104(a)(4), substituted

‘‘Office of Special Education and Rehabilitative Services’’ for ‘‘Bureau of Education for the Handicapped’’.

Subsec. (j). Pub. L. 98–221, §122(c), added subsec. (j).

REFERENCES TO NATIONAL INSTITUTE OF HANDICAPPED

RESEARCH AMENDED OR DEEMED TO BE REFERENCES

TO NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH

Section 302(b) of Pub. L. 99–506 provided that: ‘‘The

Act [this chapter] is amended by striking out ‘National

Institute of Handicapped Research’ each place it appears in the Act (including the table of contents) and

inserting in lieu thereof ‘National Institute on Disability and Rehabilitation Research’. 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 Institute on Disability and Rehabilitation Research’.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 760, 761, 765 of

this title.

§ 761b. Interagency Committee

(a) Establishment; membership; meetings

(1) In order to promote coordination and cooperation among Federal departments and agencies conducting rehabilitation research programs, 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

Director and comprised of such members as the

President may designate, including the following (or their designees): the Director, the Commissioner of the Rehabilitation Services Administration, the Assistant Secretary for Special

Education and Rehabilitative Services, the Secretary of Education, the Secretary of Veterans

Affairs, the Director of the National Institutes

of Health, the Director 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, and the

Director of the National Science Foundation.

(2) The Committee shall meet not less than

four times each year.

(b) Duties

After receiving input from individuals with

disabilities and the parents, family members,

guardians, advocates, or authorized representatives of the individuals, the Committee shall

identify, assess, and seek to coordinate all Federal programs, activities, and projects, and

plans for such programs, activities, and projects

with respect to the conduct of research related

to rehabilitation of individuals with disabilities.

(c) Annual report to Congress

The Committee shall annually submit to the

President and to the appropriate committees of

the Congress a report making such recommendations as the Committee deems appropriate with

respect to coordination of policy and development of objectives and priorities for all Federal

programs relating to the conduct of research related to rehabilitation of individuals with disabilities.

(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.)