Pub. L. 102-569, tit. II, sec. 203
NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH.
SEC. 203. NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH. (a) Establishment.— Section 202(a) (29 U.S.C. 761a(a)) is amended— (1) in the first sentence— (A) by striking “In order” and all that follows through “there” and inserting “(1) There”; and (B) by striking the period at the end and inserting the following: “, 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 204; “(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.”; and (2) by striking the second sentence and inserting the following: “(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 3(a).”. (b) Responsibilities.— Section 202(b) (29 U.S.C. 761a(b)) is amended— (1) by striking paragraph (2) and inserting the following: “(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 the individuals;”; (2) by striking paragraph (4) and inserting the following: “(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 self-sufficiency of individuals with disabilities, to— “(A) public and private entities, including— 106 STAT. 4400 “(i) elementary and secondary schools (as defined in paragraphs (8) and (21), respectively, of section 1471 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891 (8) and (21)); 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 Act); and “(D) the parents, family members, guardians, advocates, or authorized representatives of the individuals;”; (3) by striking paragraph (6) and inserting the following: “(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 self-sufficiency of individuals with disabilities;”; (4) in paragraph (7), by striking “; and” and inserting “, including dissemination activities;”; (5) in paragraph (8)— (A) by inserting “the Health Care Financing Administration,” after “the Bureau of the Census,”; (B) by inserting “widely” before “disseminating”; (C) by striking “and others to assist in the planning and evaluation” and inserting “, 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”; and (D) by striking the period at the end and inserting a semicolon; and (6) by adding at the end the following paragraphs: “(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) Director.— (1) In general.— Section 202(c)(1) (29 U.S.C. 761a(c)(1)) is amended— (A) in the first sentence, by striking “appointed by the President, by and with the advice and consent of the Senate.” and inserting “appointed by the Secretary, except that the person serving as the Director on the date of the enactment of the Rehabilitation Act Amendments of 106 STAT. 44011992 may, at the pleasure of the President, continue to serve as Director.”; and (B) by striking the fourth sentence. (2) Qualifications.— Section 202(c)(2) (29 U.S.C. 761a(c)(2)) is amended— (A) by inserting after the first sentence the following: “The Deputy Director shall be an individual with substantial experience in rehabilitation and in research administration.”; (B) in the sentence beginning “The Deputy Director shall be compensated”— (i) by striking “the rate provided for grade GS–17 of the General Schedule under section 5332” and inserting “the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382”; and (ii) by striking “or disability of the Director” and inserting “of the Director or the inability of the Director to perform the essential functions of the job”; and (C) by striking the last sentence. (d) Fellowships.— Section 202(d) (29 U.S.C. 761a(d)) is amended by inserting “, including individuals with disabilities,” after “fellows”. (e) Scientific Review.—Section 202(e) (29 U.S.C. 761a(e)) is amended— (1) by inserting “(1)” after the subsection designation; (2) by striking “rehabilitation field.” and inserting the following: “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.”; and (3) by adding at the end the following: “(2) In providing for such scientific review, the Secretary shall provide for training of such individuals 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.— Section 202 (29 U.S.C. 761a) is amended by striking subsection (f) and inserting the following: “(f) Not less than 90 percent of the funds appropriated under this title for any fiscal year shall be expended by the Director to carry out activities under this title through grants, contracts, or cooperative agreements. Up to 10 percent of the funds appropriated under this title for any fiscal year may be expended directly for the purpose of carrying out the functions of the Director under this section.”. (g) Long-Range Plan.— Section 202(g) (29 U.S.C. 761a(g)) is amended— (1) in the matter preceding paragraph (1), by striking “within eighteen months after the effective date of this section”; (2) in paragraph (1), by striking “problems encountered” and all that follows and inserting “full inclusion and integration 106 STAT. 4402into society of individuals with disabilities, especially in the area of employment;”; (3) by striking “and” at the end of paragraph (2); (4) by striking the period at the end of paragraph (3) and inserting “; and”; and (5) by adding at the end the following new paragraphs: “(4) be developed in consultation with the Rehabilitation Research Advisory Council established under section 205 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 Act, 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 Act; “(7) be developed by the Director— “(A) in coordination with the Commissioner; and “(B) in consultation with the National Council on Disability established under title IV, 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 203, 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) 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.”. (h) Research Program.— Section 202(i)(2) (29 U.S.C. 761a(i)(2)) is amended by striking “this section” and inserting “this title”. (i) Pediatric Rehabilitation Research.— Section 202(j) (29 U.S.C. 761a(j)) is amended— (1) in paragraph (1), by striking “for the establishment of” and inserting “to support”; and (2) in paragraphs (2) and (3), by striking “establish” and inserting “support”. (j) Rehabilitation Researchers.— Section 202(k) (29 U.S.C. 761a(k)) is amended by striking “researchers” and all that follows and inserting the following: “rehabilitation researchers, including individuals with disabilities, with particular attention to research areas that support the implementation and objectives of this Act and that improve the effectiveness of services authorized under this Act.”. (k) Recommendations and Study.— Section 202 (29 U.S.C. 761a) is amended by striking subsections (1) and (m).