2
 See References in Text note below.
of such Act (
Editorial Notes
References in Text

The Americans with Disabilities Act of 1990, referred to in subsec. (b)(10), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. Section 506 of the Act was renumbered section 507 by Pub. L. 110–325, § 6(a)(2), Sept. 25, 2008, 122 Stat. 3558. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.

The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (h)(2)(D)(iii), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677, which is classified principally to chapter 144 (§ 15001 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 15001 of Title 42 and Tables.

Prior Provisions

Provisions similar to this section were contained in section 761a of this title prior to the general amendment of this subchapter by Pub. L. 105–220.

A prior section 762, Pub. L. 93–112, title II, § 204, formerly § 202, Sept. 26, 1973, 87 Stat. 375, amended Pub. L. 93–516, title I, § 111(h), Dec. 7, 1974, 88 Stat. 1621; Pub. L. 93–651, title I, § 111(h), Nov. 21, 1974, 89 Stat. 2–6; renumbered and amended Pub. L. 95–602, title I, §§ 109(3), 110, 111, Nov. 6, 1978, 92 Stat. 2963, 2966; Pub. L. 98–221, title I, §§ 104(a)(5), 123, Feb. 22, 1984, 98 Stat. 18, 24; Pub. L. 99–506, title I, § 103(d)(2)(C), (h)(2), title III, §§ 302(b), 305, Oct. 21, 1986, 100 Stat. 1810, 1811, 1821, 1822; Pub. L. 100–630, title II, § 203(d), Nov. 7, 1988, 102 Stat. 3308; Pub. L. 102–569, title I, § 102(p)(14), title II, § 205, Oct. 29, 1992, 106 Stat. 4358, 4403; Pub. L. 103–73, title I, § 109(b), Aug. 11, 1993, 107 Stat. 726, related to research, prior to the general amendment of this subchapter by Pub. L. 105–220. See section 764 of this title.

Amendments

2015—Subsec. (b)(4)(A)(i). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.

2014—Pub. L. 113–128, § 433(1), inserted “, Independent Living,” after “Disability” in section catchline.

Subsec. (a)(1). Pub. L. 113–128, § 433(2)(A)(i), in introductory provisions, substituted “Administration for Community Living of the Department of Health and Human Services a National Institute on Disability, Independent Living, and Rehabilitation Research (referred to in this subchapter as the ‘Institute’), which” for “Department of Education a National Institute on Disability and Rehabilitation Research (hereinafter in this subchapter referred to as the ‘Institute’), which”.

Subsec. (a)(1)(A)(ii). Pub. L. 113–128, § 433(2)(A)(ii)(I), substituted “, training, and technical assistance;” for “and training; and”.

Subsec. (a)(1)(A)(iii), (iv). Pub. L. 113–128, § 433(2)(A)(ii)(II), (III), added cl. (iii) and redesignated former cl. (iii) as (iv).

Subsec. (a)(2). Pub. L. 113–128, § 433(2)(B), substituted “directly responsible to the Administrator for the Administration for Community Living of the Department of Health and Human Services.” for “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.”

Subsec. (b)(2)(B). Pub. L. 113–128, § 433(3)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: “private organizations engaged in research relating to rehabilitation or providing rehabilitation services;”.

Subsec. (b)(3). Pub. L. 113–128, § 433(3)(B), substituted “on disability, independent living, and rehabilitation” for “in rehabilitation”.

Subsec. (b)(4). Pub. L. 113–128, § 433(3)(C), inserted “education, health and wellness,” after “independent living,” in introductory provisions, added subpars. (A) to (F), and struck out former subpars. (A) to (D) which were substantially similar to subpars. (A), (B), (D), and (E), respectively.

Subsec. (b)(6). Pub. L. 113–128, § 433(3)(D), substituted “advances in disability, independent living, and rehabilitation” for “advances in rehabilitation” and inserted “education, health and wellness,” after “employment, independent living,”.

Subsec. (b)(7). Pub. L. 113–128, § 433(3)(G), substituted “health and wellness, income, education,” for “health, income,” and “and evaluation of independent living, vocational, and” for “and evaluation of vocational and other”.

Pub. L. 113–128, § 433(3)(E), (F), redesignated par. (8) as (7) and struck out former par. (7) which read as follows: “taking whatever action is necessary to keep the Congress fully and currently informed with respect to the implementation and conduct of programs and activities carried out under this subchapter, including dissemination activities;”.

Subsec. (b)(8). Pub. L. 113–128, § 433(3)(F), (H), redesignated par. (9) as (8) and substituted “with independent living and vocational rehabilitation services for the purpose of identifying effective independent living and rehabilitation programs and policies that promote the independence of individuals with disabilities and achievement of long-term independent living and employment goals” for “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”. Former par. (8) redesignated (7).

Subsec. (b)(9). Pub. L. 113–128, § 433(3)(F), (I), redesignated par. (10) as (9) and substituted “, supported employment (including customized employment), and telecommuting; and” for “and telecommuting; and”. Former par. (9) redesignated (8).

Subsec. (b)(10), (11). Pub. L. 113–128, § 433(3)(F), redesignated pars. (10) and (11) as (9) and (10), respectively.

Subsec. (d)(1). Pub. L. 113–128, § 433(4), substituted “The Director shall be an individual with substantial knowledge of and experience in independent living, rehabilitation, and research administration.” for “The Director shall be an individual with substantial experience in rehabilitation and in research administration.”

Subsec. (f)(1). Pub. L. 113–128, § 433(5), substituted “The scientific peer review shall be conducted by individuals who are not Department of Health and Human Services employees. The Secretary shall consider for peer review individuals who are scientists or other experts in disability, independent living, and rehabilitation, including individuals with disabilities and the individuals’ representatives, and who have sufficient expertise to review the projects.” for “The scientific peer review shall be conducted by individuals who are not Federal employees, who are scientists or other experts in the rehabilitation field (including the independent living field), including knowledgeable individuals with disabilities, and the individuals’ representatives, and who are competent to review applications for the financial assistance.”

Subsec. (h)(1)(A). Pub. L. 113–128, § 433(6)(A), substituted “priorities for disability, independent living, and rehabilitation research,” for “priorities for rehabilitation research,” and inserted “dissemination,” after “training,”.

Subsec. (h)(2)(A). Pub. L. 113–128, § 433(6)(B)(i), substituted “especially in the areas of employment and independent living” for “especially in the area of employment”.

Subsec. (h)(2)(D). Pub. L. 113–128, § 433(6)(B)(ii)(I), substituted “coordinated with the strategic plan required under section 763(c) of this title” for “developed by the Director” in introductory provisions.

Subsec. (h)(2)(D)(i). Pub. L. 113–128, § 433(6)(B)(ii)(II), substituted “Disability, Independent Living, and Rehabilitation” for “Rehabilitation”.

Subsec. (h)(2)(D)(ii). Pub. L. 113–128, § 433(6)(B)(ii)(III), substituted “Administrator” for “Commissioner”.

Subsec. (h)(2)(D)(iv). Pub. L. 113–128, § 433(6)(B)(ii)(IV), substituted “researchers in the independent living and rehabilitation fields” for “researchers in the rehabilitation field”.

Subsec. (h)(2)(E). Pub. L. 113–128, § 433(6)(B)(iv), added subpar. (E). Former subpar. (E) redesignated (F).

Subsec. (h)(2)(F). Pub. L. 113–128, § 433(6)(B)(iii), (v), redesignated subpar. (E) as (F) and inserted “and information that clarifies implications of the results for practice,” after “covered activities,”. Former subpar. (F) redesignated (G).

Subsec. (h)(2)(G). Pub. L. 113–128, § 433(6)(B)(iii), (vi), redesignated subpar. (F) as (G) and inserted “and information that clarifies implications of the results for practice” after “covered activities”.

Subsec. (j)(3). Pub. L. 113–128, § 433(7), struck out par. (3) which read as follows: “The Director shall support, directly or by grant or contract, a center associated with an institution of higher education, for research and training concerning the delivery of vocational rehabilitation services to rural areas.”

Subsecs. (k) to (m). Pub. L. 113–128, § 433(8), added subsecs. (k) to (m) and struck out former subsec. (k). Prior to amendment, text of subsec. (k) read as follows: “The Director shall make grants to institutions of higher education for the training of rehabilitation 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.”

2003—Subsec. (b)(8). Pub. L. 108–173 substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”.

2002—Subsec. (b)(4)(A)(i). Pub. L. 107–110 substituted “7801” for “8801”.

2000—Subsec. (h)(2)(D)(iii). Pub. L. 106–402 substituted “Developmental Disabilities Assistance and Bill of Rights Act of 2000” for “Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)”.

1998—Pub. L. 105–277 made technical amendment to directory language of Pub. L. 105–220, § 405, which enacted this section.

Statutory Notes and Related Subsidiaries
Change of Name

Committee on Education and the Workforce of House of Representatives changed to Committee on Education and Labor of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019.

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.

References to National Institute of Handicapped Research Amended or Deemed To Be References to National Institute on Disability and Rehabilitation Research

Pub. L. 99–506, title III, § 302(b), Oct. 21, 1986, 100 Stat. 1821, provided that: “The Act [this chapter] is amended by striking out ‘National Institute of Handicapped 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’.”

[Functions which the Director of the National Institute on Disability and Rehabilitation Research exercised before July 22, 2014 (including all related functions of any officer or employee of the National Institute on Disability and Rehabilitation Research), transferred to the National Institute on Disability, Independent Living, and Rehabilitation Research, see subsection (n) of section 3515e of Title 42, The Public Health and Welfare.]