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

(a) Federal grants and contracts for certain research projects and related activities.

(1) Consistent with priorities in the five-year plan under section 762(h), the Director may give grants to, and make contracts with, States and public or private agencies and organizations, including higher-education institutions, Indian^* tribes, and tribal organizations. The money may pay part of projects that plan and carry out research, demonstration projects, training, and related activities. These activities must develop methods, procedures, and rehabilitation technology with practical uses. They must maximize full inclusion and integration into society, employment, education, independent living, health and wellness, family support, and economic and social self-sufficiency for people with disabilities, especially people with the most significant disabilities. They must also improve services authorized under this chapter.

(2)(A) The Director must emphasize projects supporting subchapters I, III, V, VI, and VII. This includes projects addressing needs described in State plans submitted under section 721 or 796c by State agencies, when the research findings, conclusions, or recommendations can be put into practice.

(B) Those projects may include—(i) medical and other scientific, technical, methodological, and other investigations into disability^*, ways to analyze it, and restorative techniques, including basic research related to rehabilitation techniques or services; (ii) studies and analyses of industrial, vocational, educational, employment, social, recreational, psychiatric, psychological, economic, and health-and-wellness factors affecting people with disabilities, including traditionally underserved populations described in section 718, and how those factors affect independent living and workforce participation; (iii) studies, analyses, and demonstrations of special problems of people who face significant challenges taking part in community life outside their homes and people in institutions; (iv) studies, analyses, and demonstrations of architectural and engineering designs adapted to people with disabilities, including universal design and interoperability of products and services; (v) studies, analyses, and other activities concerning supported employment and competitive integrated employment^* opportunities; (vi) related activities likely to increase knowledge and improve rehabilitation methods for people with disabilities, especially those unserved or underserved by programs under this chapter; (vii) studies, analyses, and other activities concerning job accommodations, including rehabilitation engineering, assistive technology^*, and communications technology; and (viii) studies, analyses, and other activities affecting employment outcomes defined in section 705(11), including self-employment and telecommuting, for people with disabilities.

(3) The Director must emphasize covered activities that include plans for—(A) sharing high-quality materials, scientifically valid research results, or findings, conclusions, and recommendations from covered activities, including electronically such as on the Department of Health and Human Services website, so the general public can receive them promptly; or (B) commercializing marketable products, research results, or findings from covered activities.

(b) Research grants.

(1) In addition to subsection (a) projects, the Director may give grants under this subsection (“research grants”) to pay some or all of the costs of the research or specialized covered activities in paragraphs (2) through (17). Each research grant under paragraphs (2) through (17) may be used only consistently with the five-year plan priorities under section 762(h).

(2)(A) Research grants may establish and support Rehabilitation Research and Training Centers. Each Center must provide an integrated research program and must—(i) operate with higher-education institutions, rehabilitation-service providers, developers or providers of assistive-technology devices or services or information-technology devices or services, as appropriate, or other appropriate-service providers; and (ii) serve as a national center of excellence and as a national or regional resource for people with disabilities, providers, educators, and researchers.

(B) The Centers must conduct coordinated, advanced research and training by—(i) researching independent living and rehabilitation to create knowledge that improves methods and service delivery, maximizes health and function, including easing, stabilizing, or preventing conditions, and promotes maximum social and economic independence, including preparing for, getting, keeping, regaining, or advancing in employment; (ii) researching and sharing employer practices that help identify, recruit, accommodate, advance, and retain qualified people with disabilities; (iii) training people, including graduate, pre-service, and in-service training, to provide independent-living and rehabilitation services more effectively; (iv) training research staff and other independent-living and rehabilitation staff; (v) serving as an information and technical-assistance resource through outreach that explains how research applies to practice and identifies possible new research areas; and (vi) developing practical uses for Center research findings.

(C) Research at each Center may include—(i) basic or applied medical rehabilitation research, including assistive-technology and accessible electronic and information-technology research; (ii) research on psychological, social, and economic aspects of independent living and rehabilitation, including disability policy; (iii) continuing research that supports the emotional, social, educational, and functional growth of children with disabilities and their integration into school, employment, and community activities; (iv) continuing research on interventions, policies, and services supporting families of children and adults with disabilities; (v) continuing research improving services and policies that support independence and social integration and allow people with disabilities, including intellectual or other developmental disabilities, to live in their communities; and (vi) research, information sharing, and technical assistance on vocational-rehabilitation best practices, including supported employment and other ways to promote competitive integrated employment for people with the most significant disabilities.

(D) Training students preparing to be independent-living or rehabilitation personnel, or to provide independent-living, rehabilitative, assistive, or supportive services, must be an important priority at each Center. The listed examples are rehabilitation counseling, personal care, direct care, job coaching, school-based aides, and advice or help using assistive-technology devices, services, and accessible electronic and information-technology devices and services.

(E) The Director must make grants to establish and support both Centers serving multiple disabilities and Centers mainly focused on particular disabilities. (F) Grants may pay for services a Center gives people with disabilities as part of research and training. (G) Grants may support faculty who teach independent-living and rehabilitation courses for credit and other Center courses, directly or through another entity. (H) Center research and training must be accessible to and usable by people with disabilities. (I) In awarding grants, the Director must consider each proposed Center’s location and suitable geographic and regional distribution.

(J) To qualify, an institution or provider described in (A) must be large and capable enough, in size, scope, and quality, to efficiently carry out the activities under applicable Federal and State law, and must show it can conduct training itself or through another entity. (K) Grants must last five years, except that the Director may make a shorter grant for a new recipient or for new or innovative research. (L) Grants must be competitive. An applicant must apply when, how, and with the information the Director requires. (M) In peer review of a renewal application under section 762(f), the panel must consider the applicant’s past performance and input from people with disabilities and their representatives. (N) An institution or provider receiving a grant to establish a Center may not charge more than 15 percent of the grant as indirect costs.

(3)(A) Research grants may establish and support Rehabilitation Engineering Research Centers operated by, or with, higher-education institutions or nonprofit organizations. They conduct research, demonstrations, and training about independent-living strategies and rehabilitation technology, including rehabilitation engineering and assistive-technology devices and services, to improve opportunities to meet the needs of people with disabilities and address barriers in all parts of life.

(B) Such a Center must—(i) develop and share innovative ways to apply advanced technology, science, and psychological and social knowledge to solve independent-living and rehabilitation problems, remove environmental barriers, conduct research that creates new knowledge and improved methods, equipment, and devices, and study new or emerging technologies, products, or environments and their effectiveness and benefits; (ii) demonstrate and share innovative, cost-effective rehabilitation-technology service models for rural and urban areas that encourage use of assistive-technology devices, and other research helping meet education, employment, and independent-living needs of people with significant disabilities; or (iii) demonstrate, evaluate, document, and share consumer-responsive, individual- and family-centered, cost-effective service models for rural and urban areas that encourage use of rehabilitation technology, and other research meeting those needs and addressing barriers for people with disabilities, including significant disabilities.

(C) Consistent with the research or demonstrations, each Center must—(i) cooperate with Assistive Technology Act programs and other programs to inform people with disabilities and their representatives about how rehabilitation technology can meet their needs and about available options, programs, services, resources, and financing; (ii) train people, including people with disabilities, to become rehabilitation-technology researchers and practitioners with higher-education institutions and nonprofits; and (iii) respond through research or demonstrations to all types of disabilities that may benefit from technology in the Center’s focus area.

(D)(i) For Centers conducting the activities in (B)(iii), the Director may establish one Center in each area: (I) early-childhood services, including early intervention and family support; (II) elementary and secondary education, including transition to postsecondary education, competitive integrated employment, and other age-appropriate activities; (III) employment, including supported employment, reasonable accommodations, and reducing environmental barriers required by the Americans with Disabilities Act and subchapter V; and (IV) independent living, including moving from institutions to community living, maintaining community living after leaving the workforce, self-help skills, and daily activities. (ii) Each such Center must have an advisory committee whose majority are people with disabilities who use rehabilitation technology and their representatives.

(E) Grants must be competitive and normally last five years. The Director may make a shorter grant for a new recipient or new or innovative research. (F) An applicant must apply when, how, and with the information the Director requires. (G) Each Center must cooperate with State agencies and other local, State, regional, and national rehabilitation-technology programs and organizations, including State programs funded under the Assistive Technology Act. It must also give the Director, with a continuation application or final report, a report documenting short- and long-term effects on people with disabilities, the effect of any commercialized product researched or developed through the Center, and other information the Director requests.

(4)(A) Research grants may fund spinal-cord-injury research, including grants to public or private agencies and organizations for some or all costs of special and demonstration projects. The program must—(i) widely share findings with Spinal Cord Injury Centers, rehabilitation practitioners, people with spinal cord injuries, their representatives, and organizations receiving paragraph funding; (ii) encourage and support individual and institutional investigators’ new initiatives and approaches; and (iii) maintain close relationships with governmental and voluntary groups doing similar work to coordinate science, plan jointly, and exchange data and reports.

(B) An assisted agency or organization that serves people with spinal cord injuries must—(i) establish an appropriate regional, multidisciplinary system of independent-living, employment, and other rehabilitation services designed for their social and functional needs, including acute care and periodic inpatient or outpatient follow-up; (ii) demonstrate and evaluate the system’s benefits and cost-effectiveness; (iii) demonstrate and evaluate existing, new, and improved care, management, and rehabilitation methods and technology; and (iv) demonstrate and evaluate community outreach and education about housing, transportation, recreation, employment, education, health and wellness, and community activities. (C) In awarding these grants, the Director must consider each proposed Center’s location and proper geographic and regional distribution.

(5) Research grants may fund end-stage renal-disease research, including special services such as transplantation and dialysis, artificial kidneys, and supplies needed to rehabilitate people with that disease. The program must share findings, support new approaches by individual and institutional investigators, and maintain relationships with governmental and voluntary groups doing similar work to coordinate science, plan jointly, and exchange information. A person eligible for services for the disease under another law may not be selected.

(6) Research grants may fund international rehabilitation research, demonstrations, and training to develop knowledge and methods in United States disability rehabilitation, cooperate with other nations in developing and sharing useful information, and exchange experts and technical assistance to increase rehabilitation personnel’s skills. (7) They may fund research on existing telecommunications systems, including telephone, television, satellite, radio, and similar systems, that could substantially improve service delivery and programming for people with disabilities. (8) Grants may fund joint rehabilitation projects with the listed Health and Human Services administrations and offices, the National Science Foundation, Veterans Affairs, Defense, the Federal Communications Commission, NASA, the Small Business Administration, Labor, other Federal agencies, and private industry.

(9) Research grants may fund innovative ways to attract and retain rehabilitation professionals in rural areas, including professionals serving people with significant disabilities. (10) They may fund model research and demonstrations for innovative preschool services, including—(A) intervention, assessment, parent counseling, infant stimulation, identification, diagnosis, and evaluation for children with significant disabilities up to age five, especially up to age three; (B) needed physical therapy, language, pediatric, nursing, psychological, and psychiatric services; and (C) services for parents, including psychological and psychiatric services, counseling, and training.

(11) They may fund model research and training centers for advanced ways to evaluate and address employment needs, opportunities, and outcomes, including self-employment, supported employment, and telecommuting. Programs may—(A) train and provide continuing education to employment personnel; (B) create model procedures to test employment needs; (C) create training teaching skills for suitable work; (D) create new job-placement approaches and follow-up; (E) provide education, training, employment, and placement information; (F) create approaches and information about accommodations, rehabilitation engineering, and assistive technology; (G) help people move from nonintegrated employment or pay below the Federal minimum wage to competitive integrated employment; (H) maximize integrated community living, including employment and independent living; (I) train community-living personnel; (J) create procedures to test community-living needs; (K) teach skills for integrated community living and full community participation; and (L) create approaches for long-term services and supports, including those needed for competitive integrated employment.

(12) Research grants may fund independent-living or rehabilitation research that—(A) tests new concepts and ideas; (B) demonstrates highly promising research results; (C) buys prototype aids and devices for evaluation; (D) develops special independent-living or rehabilitation training curricula; or (E) responds to the Director’s special initiatives. No grant under this paragraph may exceed $50,000 in one fiscal year. All paragraph payments in a fiscal year may not exceed 5 percent of the amount available for this section to the National Institute on Disability, Independent Living, and Rehabilitation Research that year. Regulations and administrative procedures for this assistance must be expedited as much as possible. (13) Grants may fund studies of American Indian^* independent-living and rehabilitation needs and effective service delivery to Indians on and off reservations. (14) Grants may fund national demonstration projects creating incentives to develop, manufacture, market, and transfer technology for orphan technological devices that help people with disabilities achieve independence, full participation, and economic self-sufficiency.

(15)(A) Grants may fund quality-assurance research in rehabilitation technology. (B) It may include methods to evaluate and share information about products and services; models for provider training, evaluation, and certification; outcome-measurement models; and research-based tools for consumer decisions.

(16) Grants may fund research, demonstrations, and related activities studying the use and effectiveness of particular alternative or complementary medical practices for people with disabilities. They may—(A) determine use and perceived effectiveness; (B) determine information sources, decision methods, and payment methods used by people accessing those services; (C) develop criteria to screen and assess research validity; and (D) use controlled studies to determine effectiveness of promising practices for functioning, prevention of secondary disabilities, or other positive outcomes for people with particular disabilities.

(c) Site visits; grant limitations. (1) To evaluate covered activities, the Director may arrange site visits to learn about project accomplishments. (2) The Director may not make a grant over $500,000 unless the application’s peer review included a site visit.

(d) Application for grants. (1) When awarding grants, contracts, or cooperative agreements under this subchapter, the Director must award funding competitively. (2)(A) An entity described in subsection (a)(1) seeking funds for a covered activity must apply when, how, and with the information the Director requires. (B) The application must describe—(i) measurable goals established through section 1115 of title 31, a timeline, and a specific plan to meet them; (ii) how the project addresses one or more of commercialization of a marketable product, technology transfer when applicable, sharing research results, and other Director priorities; and (iii) how the applicant will measure the goals quantitatively to determine whether they were achieved.

(3)(A) If the activity will develop a marketable product, the application must also include, as appropriate, a commercialization and dissemination plan with commercialization and marketing strategies and strategies for sharing product information. Funds under this section may not pay for those commercialization and marketing strategies. (B) Any other application must include a dissemination plan explaining how it will share educational materials, research results, or the findings, conclusions, and recommendations produced by the activity.