5712 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Rules and Regulations

DEPARTMENT OF EDUCATION

Office of Special Education and

Rehabilitative Services

34 CFR Parts 350, 351, 352, 353, 355,

357, and 360

RIN 1820–AB38

Disability and Rehabilitation Research

Projects and Centers Program

AGENCY: Department of Education.

ACTION: Final regulations.

SUMMARY: After reviewing the

regulations governing the Disability and

Rehabilitation Research Programs,

administered by the Department’s

National Institute on Disability and

Rehabilitation Research (NIDRR), the

Secretary amends these regulations.

These amendments consolidate the

regulations for six programs into one

CFR part. As part of the Department’s

efforts to implement the President’s

Regulatory Reinvention Initiative, the

amendments remove unnecessary

regulations, clarify program

requirements, and improve the selection

criteria.

EFFECTIVE DATE: These regulations will

take effect on October 1, 1997.

FOR FURTHER INFORMATION CONTACT:

David Esquith. Telephone: 202–205–

8801 or by e-mail to

davidlesquith@ed.gov

Individuals who use a

telecommunications device for the deaf

(TDD) may call the TDD number at 202–

205–8133. An electronic copy of this

document may be found on the Internet

at the Department’s home page at http:/

/www.ed.gov in the ‘‘News’’ section.

SUPPLEMENTARY INFORMATION: In January

of 1995, the Department developed its

‘‘Principles for Regulating’’ (Principles)

premised on the tenet that the

Department will regulate only when

absolutely necessary. The Principles

were developed to ensure that the

Department regulates in the most

flexible, most equitable, and least

burdensome way possible. The

President, on March 4, 1995, announced

the Regulatory Reinvention Initiative

(Initiative) to reform the Federal

regulatory system. The Initiative

required all Federal agencies to review

their regulations page by page.

Regulators were asked to eliminate

obsolete regulations, revise regulations

to reward results rather than process,

and streamline regulations to achieve

agency goals in the most efficient and

least intrusive way possible. Since

March of 1995, the Department has been

reviewing thoroughly all of its

regulations consistent with the Initiative

and the Principles.

Disability and Rehabilitation Research

Projects and Centers Program

As a part of these efforts, the

Department examined all of the

regulations governing NIDRR’s existing

Disability and Rehabilitation Research

Programs as authorized under Title II of

the Rehabilitation Act of 1973 (29 U.S.C.

760–762) (Act). After this examination,

the Secretary determined that the

regulations in Parts 350 (General

Provisions), 351 (Research and

Demonstration Projects), 352

(Rehabilitation Research and Training

Centers), 353 (Rehabilitation

Engineering Research Centers), 355

(Knowledge Dissemination and

Utilization Programs), 357 (FieldInitiated Projects), and 360 (Research

Training and Career Development

Program) could be consolidated and

improved.

In addition to consolidating the

regulations, the Secretary establishes

one program to govern many projects

and centers, the Disability and

Rehabilitation Research Projects and

Centers Program (Program). The

Program contains three types of projects

and two types of centers. The Disability

and Rehabilitation Research and Related

Projects authority encompasses the

current Research and Demonstration

Projects program (Part 351) and

Knowledge Dissemination and

Utilization Programs (Part 355). The

Field-Initiated Projects authority is

similar to the existing Field-Initiated

Projects program (Part 357), but the

scope of projects that can be funded

under the new Field-Initiated Projects

authority is changed. The Advanced

Rehabilitation Research Training Project

is the new name for the existing

Research Training and Career

Development Program (Part 360). The

Secretary continues to fund

Rehabilitation Research Training

Centers and Rehabilitation Engineering

Research Centers under requirements

virtually identical to the current ones.

The Secretary believes that placing all

these regulations in one CFR part makes

it easier for grantees to identify common

requirements and to understand the

differences among all the projects and

centers. By making structural changes,

removing unnecessary regulations, and

revising regulatory language, the

Secretary improves the existing

programs because he clarifies the

differences among the programs and

revises the regulations to focus on

obtaining the highest quality results.

As part of its efforts to consolidate the

regulations, the Department establishes

a new set of selection criteria for use in

evaluating all applications. This new

approach allows the Secretary to reduce

five different sets of selection criteria to

one.

On October 11, 1996, the Secretary

published a notice of proposed

rulemaking (NPRM) for the Disability

and Rehabilitation Research Projects

and Centers Program in the Federal

Register (61 FR 53560).

Goals 2000: Educate America Act

The Goals 2000: Educate America Act

(Goals 2000) focuses the Nation’s

education reform efforts on the eight

National Education Goals and provides

a framework for meeting them. Goals

2000 promotes new partnerships to

strengthen schools and expands ideas

and obtain information needed to

achieve the goals.

These programs support the National

Education Goal that calls for all

Americans to possess the knowledge

and skills necessary to compete in a

global economy and exercise the rights

and responsibilities of citizenship.

Analysis of Comments and Changes

In response to the Secretary’s

invitation in the NPRM, one party

submitted a comment on the proposed

regulations that was not substantive.

Two parties submitted comments on the

proposed regulations that were received

after the deadline and were not

considered for response. Except for

minor editorial and technical revisions,

there are no differences between the

NPRM, and these final regulations.

Technical and other minor changes—

and suggested changes the Secretary is

not legally authorized to make under the

applicable statutory authority—are not

addressed.

Paperwork Reduction Act of 1995

Under the Paperwork Reduction Act

of 1995, no persons are required to

respond to a collection of information

unless it displays a valid OMB control

number. The valid OMB control number

assigned to the collections of

information in these final regulations

are displayed at the end of the affected

sections of the regulations.

Assessment of Educational Impact

In the NPRM, the Secretary requested

comments on whether the proposed

regulations would require transmission

of information that is being gathered by

or is available from any other agency or

authority of the United States.

Based on the response to the proposed

regulations and on its own review, the

Department has determined that the

regulations in this document do not
Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Rules and Regulations 5713

require transmission of information that

is being gathered by or is available from

any other agency or authority of the

United States.

List of Subjects

34 CFR Part 350

Disabled, Grant programs—education,

Minority groups, Research, Vocational

rehabilitation.

34 CFR Part 351

American Indians, Disabled, Grant

programs—education, Medical research,

Minority groups, Research, Vocational

rehabilitation.

34 CFR Part 352

American Indians, Disabled,

Education of disabled, Grant programs—

education, Research, Training programs,

Vocational rehabilitation.

34 CFR Part 353

American Indians, Disabled,

Education of disabled, Grant programs—

education, Research, Science and

technology, Training programs,

Vocational rehabilitation.

4 CFR Part 355

Disabled, Grant programs—education,

Vocational rehabilitation.

34 CFR Part 357

Disabled, Education of disabled, Grant

programs—education, Research, Science

and technology, Vocational

rehabilitation.

34 CFR Part 360

Disabled, Education of disabled, Grant

programs—education, Research,

Training programs, Vocational

rehabilitation.

(Catalog of Federal Domestic Assistance

Number 84.133, Disability and Rehabilitation

Research Projects and Centers Program)

Dated: February 3, 1997.

Judith E. Heumann,

Assistant Secretary for Special Education and

Rehabilitative Services.

1. Under the authority of 20 U.S.C.

1221(e)–3, Title 34 of the Code of

Federal Regulations is amended by

removing parts 351, 352, 353, 355, 357,

and 360.

2. Part 350 is revised to read as

follows:

PART 350—DISABILITY AND

REHABILITATION RESEARCH

PROJECTS AND CENTERS PROGRAM

Subpart A—General

Sec.

350.1 What is the Disability and

Rehabilitation Research Projects and

Centers Program?

350.2 What is the purpose of the Disability

and Rehabilitation Research Project and

Centers Program?

350.3 Who is eligible for an award?

350.4 What regulations apply?

350.5 What definitions apply?

Subpart B—What Projects Does the

Secretary Assist?

350.10 What are the general requirements

for Disability and Rehabilitation

Research Projects?

350.11 What are the general requirements

for a Field-Initiated Project?

350.12 What are the general requirements

for an Advanced Rehabilitation Research

Training Project?

350.13 What must a grantee do in carrying

out a research activity?

350.14 What must a grantee do in carrying

out a training activity?

350.15 What must a grantee do in carrying

out a demonstration activity?

350.16 What must a grantee do in carrying

out a development activity?

350.17 What must a grantee do in carrying

out a utilization activity?

350.18 What must a grantee do in carrying

out a dissemination activity?

350.19 What must a grantee do in carrying

out a technical assistance activity?

Subpart C—What Rehabilitation Research

and Training Centers Does the Secretary

Assist?

350.20 What general requirements must a

Rehabilitation Research and Training

Center meet?

350.21 What collaboration must a

Rehabilitation Research and Training

Center engage in?

350.22 What activities must a

Rehabilitation Research and Training

Center conduct?

350.23 What restriction exists on

Rehabilitation Research and Training

Centers regarding indirect costs?

Subpart D—What Rehabilitation

Engineering Research Centers Does the

Secretary Assist?

350.30 What requirements must a

Rehabilitation Engineering Research

Center meet?

350.31 What collaboration must a

Rehabilitation Engineering Research

Center engage in?

350.32 What activities must a

Rehabilitation Engineering Research

Center conduct?

350.33 What cooperation requirements

must a Rehabilitation Engineering

Research Center meet?

350.34 Which Rehabilitation Engineering

Research Centers must have an advisory

committee?

350.35 What are the requirements for the

composition of an advisory committee?

Subpart E—How Does One Apply for an

Award?

350.40 What is required of each applicant

regarding the needs of individuals with

disabilities from minority backgrounds?

350.41 What State agency review must an

applicant under the Disability and

Rehabilitation Research Projects and

Centers Program obtain?

Subpart F—How Does the Secretary Make

an Award?

350.50 What is the peer review process for

this Program?

350.51 What is the purpose of peer review?

350.52 What is the composition of a peer

review panel?

350.53 How does the Secretary evaluate an

application?

350.54 What selection criteria does the

Secretary use in evaluating an

application?

350.55 What are the additional

considerations for selecting FieldInitiated Project applications for

funding?

Subpart G—What Conditions Must Be Met

After an Award?

350.60 How must a grantee conduct

activities?

350.61 What evaluation requirements must

a grantee meet?

350.62 What are the matching

requirements?

350.63 What are the requirements of a

grantee relative to the Client Assistance

Program?

350.64 What is the required duration of the

training in an Advanced Rehabilitation

Research Training Project?

350.65 What level of participation is

required of trainees in an Advanced

Rehabilitation Research Training Project?

350.66 What must a grantee include in a

patent application?

Authority: Section 204; 29 U.S.C. 761–762,

unless otherwise noted.

Subpart A—General

§ 350.1 What is the Disability and

Rehabilitation Research Projects and

Centers Program?

The Disability and Rehabilitation

Research Projects and Centers Program

provides grants to establish and

support—

(a) The following Disability and

Rehabilitation Research and Related

Projects:

(1) Disability and Rehabilitation

Research Projects.

(2) Field-Initiated Projects.

(3) Advanced Rehabilitation Research

Training Projects; and

(b) The following Disability and

Rehabilitation Research Centers:

(1) Rehabilitation Research and

Training Centers.

(2) Rehabilitation Engineering

Research Centers.
5714 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Rules and Regulations

(Authority: Section 204; 29 U.S.C. 762)

§ 350.2 What is the purpose of the

Disability and Rehabilitation Research

Project and Centers Program?

The purpose of the Disability and

Rehabilitation Research Project and

Centers Program is to plan and conduct

research, demonstration projects,

training, and related activities,

including international activities, to—

(a) Develop methods, procedures, and

rehabilitation technology, that maximize

the full inclusion and integration into

society, employment, independent

living, family support, and economic

and social self-sufficiency of individuals

with disabilities, especially individuals

with the most severe disabilities; and

(b) Improve the effectiveness of

services authorized under the Act.

(Authority: Section 204(a) and (b)(6); 29

U.S.C. 762(a) and (b)(6))

§ 350.3 Who is eligible for an award?

The following entities are eligible for

an award under this program:

(a) States.

(b) Public or private agencies,

including for-profit agencies.

(c) Public or private organizations,

including for-profit organizations.

(d) Institutions of higher education.

(e) Indian tribes and tribal

organizations.

(Authority: Section 204(a); 29 U.S.C. 762(a))

§ 350.4 What regulations apply?

The following regulations apply to the

Disability and Rehabilitation Research

Projects and Centers Program:

(a) The Education Department General

Administrative Regulations (EDGAR) as

follows:

(1) 34 CFR Part 74 (Administration of

Grants and Agreements with Institutions

of Higher Education, Hospitals, and

Other Non-profit Organizations).

(2) 34 CFR Part 75 (Direct Grant

Programs).

(3) 34 CFR Part 77 (Definitions that

Apply to Department Regulations).

(4) 34 CFR Part 80 (Uniform

Administrative Requirements for Grants

and Cooperative Agreements to State

and Local Governments).

(5) 34 CFR Part 81 (General Education

Provisions Act—Enforcement).

(6) 34 CFR Part 82 (New Restrictions

on Lobbying).

(7) 34 CFR Part 85 (Governmentwide

Debarment and Suspension

(Nonprocurement) and

Governmentwide Requirements for

Drug-Free Workplace (Grants)).

(8) 34 CFR Part 86 (Drug-Free Schools

and Campuses).

(b) The regulations in this Part 350.

(c)(1) Subject to the additional

requirement in paragraph (c)(2) of this

section, 34 CFR Part 97 (Protection of

Human Subjects).

(2) If an institutional review board

(IRB) reviews research that purposefully

requires inclusion of children with

disabilities or individuals with mental

disabilities as research subjects, the IRB

must have at least one member who is

primarily concerned with the welfare of

these research subjects.

(Authority: 29 U.S.C. 761a, 762, 42 U.S.C.

300v–1(b))

§ 350.5 What definitions apply?

(a) The following definitions in 34

CFR part 77 apply to this part—

Applicant

Application

Award

Budget

Department

EDGAR

Equipment

Facilities

Grant

Grantee

Nonprofit

Private

Project

Project period

Public

Recipient

Secretary

Supplies

State

(Authority: Section 202(i)(1); 29 U.S.C.

761a(i)(1))

(b) The following definitions also

apply to this part. Act means the

Rehabilitation Act of 1973 (29 U.S.C.

701, et seq.), as amended.

(Authority: Sec. 202(i)(1); (29 U.S.C.

761a(i)(1))

Assistive technology device means

any item, piece of equipment, or

product system, whether acquired

commercially or off the shelf, modified,

or customized, that is used to increase,

maintain, or improve functional

capabilities of individuals with

disabilities.

(Authority: Section 7(23); 29 U.S.C. 706(23))

Assistive technology service means

any service that directly assists an

individual with a disability in the

selection, acquisition, or use of an

assistive technology device, including—

(1) The evaluation of the needs of an

individual with a disability, including a

functional evaluation of the individual

in the individual’s customary

environment;

(2) Purchasing, leasing, or otherwise

providing for the acquisition of assistive

technology devices by individuals with

disabilities;

(3) Selecting, designing, fitting,

customizing, adapting, applying,

maintaining, repairing, or replacing

assistive technology devices;

(4) Coordinating and using other

therapies, interventions, or services

with assistive technology devices, such

as those associated with existing

education and rehabilitation plans and

programs;

(5) Training or technical assistance for

individuals with disabilities, or, if

appropriate, their family members,

guardians, advocates, or authorized

representatives; and

(6) Training or technical assistance for

professionals (including individuals

providing education and rehabilitation

services), employers, or other

individuals who provide services to

employ, or are otherwise substantially

involved in the major life functions of,

individuals with disabilities.

(Authority: Section 7(24); 29 U.S.C. 706(24))

Disability means a physical or mental

impairment that substantially limits one

or more major life activities.

(Authority: Section 202(i)(1); 29 U.S.C.

761a(i)(1))

Individual with a disability means any

individual who:

(1) Has a physical or mental

impairment that substantially limits one

or more of the individual’s major life

activities;

(2) Has a record of this impairment; or

(3) Is regarded as having this

impairment.

(Authority: Section 7(8)(B); 29 U.S.C.

706(8)(B))

Individual with a severe disability

means—

(1)(i) An individual with a disability

who has a severe physical or mental

impairment that seriously limits one or

more functional capacities (such as

mobility, communication, self-care, selfdirection, interpersonal skills, work

tolerance, or work skills) in terms of an

employment outcome;

(ii) Whose vocational rehabilitation

can be expected to require multiple

vocational rehabilitation services over

an extended period of time; and

(iii) Who has one or more physical or

mental disabilities resulting from

amputation, arthritis, autism, blindness,

burn injury, cancer, cerebral palsy,

cystic fibrosis, deafness, head injury,

heart disease, hemiplegia, hemophilia,

respiratory or pulmonary dysfunction,

mental retardation, mental illness,

multiple sclerosis, muscular dystrophy,

musculoskeletal disorders, neurological

disorders (including stroke and

epilepsy), paraplegia, quadriplegia,

other spinal cord impairments, sickle

cell anemia, specific learning disability,

end-stage renal disease, or another
Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Rules and Regulations 5715

disability or combination of disabilities

determined on the basis of an

assessment of rehabilitation needs to

cause comparable substantial functional

limitation; or

(2) An individual with a severe

mental or physical impairment whose

ability to function independently in the

family or community or whose ability to

obtain, maintain, or advance in

employment is substantially limited and

for whom the delivery of independent

living services will improve the ability

to function, continue functioning, or

move towards functioning

independently in the family or

community or to continue in

employment, respectively.

(Authority: Section 7(15)(C); 29 U.S.C.

706(15)(C))

Personal assistance services means a

range of services, provided by one or

more persons, designed to assist an

individual with a disability to perform

daily living activities, on and off the job,

that the individual would typically

perform if the individual did not have

a disability. These services must be

designed to increase the individual’s

control in life and ability to perform

everyday activities on and off the job.

(Authority: Section 12(c); 29 U.S.C. 711(c))

Rehabilitation technology means the

systematic application of technologies,

engineering methodologies, or scientific

principles to meet the needs of and

address the barriers confronted by

individuals with disabilities in such

areas as education, rehabilitation,

employment, transportation,

independent living, and recreation, and

includes rehabilitation engineering,

assistive technology devices, and

assistive technology services.

(Authority: Section 7(13); 29 U.S.C. 706(13))

Research is classified on a continuum

from basic to applied:

(1) Basic research is research in which

the investigator is concerned primarily

with gaining new knowledge or

understanding of a subject without

reference to any immediate application

or utility.

(2) Applied research is research in

which the investigator is primarily

interested in developing new

knowledge, information or

understanding which can be applied to

a predetermined rehabilitation problem

or need. Applied research builds on

selected findings from basic research.

(Authority: Section 202(i)(1); 29 U.S.C.

761a(i)(1))

State rehabilitation agency means the

sole State agency designated to

administer (or supervise local

administration of) the State plan for

vocational rehabilitation services. The

term includes the State agency for the

blind, if designated as the State agency

with respect to that part of the plan

relating to the vocational rehabilitation

of blind individuals.

(Authority: Section 101(a)(1)(A); 29 U.S.C.

721(a)(1)(A))

Target population means the group of

individuals, organizations, or other

entities expected to be affected by the

project. More than one group may be

involved since a project may affect those

who receive services, provide services,

or administer services.

(Authority: Section 202(i)(1); 29 U.S.C.

761a(i)(1))

Subpart B—What Projects Does the

Secretary Assist?

§ 350.10 What are the general

requirements for Disability and

Rehabilitation Research Projects?

Disability and Rehabilitation Research

Projects must meet the following

requirements:

(a) Carry out one or more of the

following types of activities, as specified

in §§ 350.13–350.19:

(1) Research.

(2) Development.

(3) Demonstration.

(4) Training.

(5) Dissemination.

(6) Utilization.

(7) Technical assistance.

(b) Further one or more of the

purposes listed in § 350.2.

(Authority: Section 202; 29 U.S.C. 761a)

§ 350.11 What are the general

requirements for a Field-Initiated Project?

A Field-Initiated Project must—

(a) Further one or more of the

purposes in § 350.2; and

(b) Carry out one of the following

types of activities:

(1) Research.

(2) Development.

(Authority: Section 202; 29 U.S.C. 761a)

§ 350.12 What are the general

requirements for an Advanced

Rehabilitation Research Training Project?

An Advanced Rehabilitation Research

Training Project must—

(a) Provide research training and

experience at an advanced level to

individuals with doctorates or similar

advanced degrees who have clinical or

other relevant experience;

(b) Further one or more of the

purposes in § 350.2; and

(c) Carry out all of the following

activities:

(1) Recruitment and selection of

candidates for advanced research

training.

(2) Provision of a training program

that includes didactic and classroom

instruction, is multidisciplinary, and

emphasizes scientific methodology, and

may involve collaboration among

institutions.

(3) Provision of research experience,

laboratory experience or its equivalent

in a community-based research setting,

and a practicum that involve each

individual in clinical research and in

practical activities with organizations

representing individuals with

disabilities.

(4) Provision of academic mentorship

or guidance, and opportunities for

scientific collaboration with qualified

researchers at the host university and

other appropriate institutions.

(5) Provision of opportunities for

participation in the development of

professional presentations and

publications, and for attendance at

professional conferences and meetings

as appropriate for the individual’s field

of study and level of experience.

(Authority: Section 202(k); 29 U.S.C. 761a(k))

§ 350.13 What must a grantee do in

carrying out a research activity?

In carrying out a research activity

under this program, a grantee shall—

(a) Identify one or more hypotheses;

and

(b) Based on the hypotheses

identified, perform an intensive

systematic study directed toward—

(1) New or full scientific knowledge;

or

(2) Understanding of the subject or

problem studied.

(Authority: Section 202; 29 U.S.C. 761a)

§ 350.14 What must a grantee do in

carrying out a training activity?

In carrying out a training activity

under this program, a grantee shall

conduct a planned and systematic

sequence of supervised instruction that

is designed to impart predetermined

skills and knowledge.

(Authority: Section 202; 29 U.S.C. 761a)

§ 350.15 What must a grantee do in

carrying out a demonstration activity?

In carrying out a demonstration

activity under this program, a grantee

shall apply results derived from

previous research, testing, or practice to

determine the effectiveness of a new

strategy or approach.

(Authority: Section 202; 29 U.S.C. 761a)

§ 350.16 What must a grantee do in

carrying out a development activity?

In carrying out a development activity

under this program, a grantee must use

knowledge and understanding gained

from research to create materials,
5716 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Rules and Regulations

devices, systems, or methods beneficial

to the target population, including

design and development of prototypes

and processes.

(Authority: Section 202; 29 U.S.C. 761a)

§ 350.17 What must a grantee do in

carrying out a utilization activity?

In carrying out a utilization activity

under this program, a grantee must

relate research findings to practical

applications in planning, policy making,

program administration, and delivery of

services to individuals with disabilities.

(Authority: Section 202; 29 U.S.C. 761a)

§ 350.18 What must a grantee do in

carrying out a dissemination activity?

In carrying out a dissemination

activity under this program, a grantee

must systematically distribute

information or knowledge through a

variety of ways to potential users or

beneficiaries.

(Authority: Section 202; 29 U.S.C. 761a)

§ 350.19 What must a grantee do in

carrying out a technical assistance activity?

In carrying out a technical assistance

activity under this program, a grantee

must provide expertise or information

for use in problem-solving.

(Authority: Section 202; 29 U.S.C. 761a)

Subpart C—What Rehabilitation

Research and Training Centers Does

the Secretary Assist?

§ 350.20 What general requirements must

a Rehabilitation Research and Training

Center meet?

A Rehabilitation Research and

Training Center shall—

(a) Plan and conduct activities that

further one or more of the purposes

listed in § 350.2;

(b) Serve as a center of national

excellence and as a national or regional

resource for providers and individuals

with disabilities and the parents, family

members, guardians, advocates, or

authorized representatives of the

individuals;

(c) Be of sufficient size, scope, and

quality to effectively carry out the

activities in an efficient manner

consistent with appropriate State and

Federal law; and

(d) Be able to carry out training

activities either directly or through

another entity that can provide such

training.

(Authority: Section 204(b) and (b)(2)(K); 29

U.S.C. 762(b) and (b)(2)(K))

§ 350.21 What collaboration must a

Rehabilitation Research and Training

Center engage in?

A Rehabilitation Research and

Training Center must be operated by or

in collaboration with—

(a) One or more institutions of higher

education; or

(b) One or more providers of

rehabilitation or other appropriate

services.

(Authority: Section 204(b)(2); 29 U.S.C.

762(b)(2))

§ 350.22 What activities must a

Rehabilitation Research and Training

Center conduct?

A Rehabilitation Research and

Training Center shall—

(a) Carry out research activities by

conducting coordinated and advanced

programs of research in rehabilitation

targeted toward the production of new

knowledge that will—

(1) Improve rehabilitation

methodology and service delivery

systems;

(2) Alleviate or stabilize disabling

conditions; and

(3) Promote maximum social and

economic independence of individuals

with disabilities;

(b) Conduct training activities by

providing training (including graduate,

pre-service, and in-service training) to

assist—

(1) Rehabilitation personnel and other

individuals to more effectively provide

rehabilitation services; and

(2) Rehabilitation research personnel

and other rehabilitation personnel to

improve their capacity to conduct

research; and

(c) Conduct technical assistance

activities by serving as an informational

and technical assistance resource for

providers, individuals with disabilities,

and the parents, family members,

guardians, advocates, or authorized

representatives of the individuals with

disabilities, through conferences,

workshops, public education programs,

in-service training programs, and

similar activities.

§ 350.23 What restriction exists on

Rehabilitation Research and Training

Centers regarding indirect costs?

A host institution with which a

Rehabilitation Research and Training

Center is affiliated may not collect more

than fifteen percent of the total grant

award as indirect cost charges,

notwithstanding the provisions in 34

CFR 75.562.

(Authority: Section 204(b)(2)(O); 29 U.S.C.

762(b)(2)(O))

Subpart D—What Rehabilitation

Engineering Research Centers Does

the Secretary Assist?

§ 350.30 What requirements must a

Rehabilitation Engineering Research Center

meet?

A Rehabilitation Engineering

Research Center shall plan and conduct

activities that—

(a) Further one or more of the

purposes listed in § 350.2; and

(b) (1) Lead to the development of

methods, procedures, and devices that

will benefit individuals with

disabilities, especially those with the

most severe disabilities; or

(2) Involve rehabilitation technology

and enhance opportunities for meeting

the needs of, and addressing the barriers

confronted by, individuals with

disabilities in all aspects of their lives.

(Authority: Section 204(b)(3); 29 U.S.C.

762(b)(3))

§ 350.31 What collaboration must a

Rehabilitation Engineering Research Center

engage in?

A Rehabilitation Engineering

Research Center must be operated by or

in collaboration with—

(a) One or more institutions of higher

education; or

(b) One or more nonprofit

organizations.

(Authority: Section 204(b)(3); 29 U.S.C.

762(b)(3))

§ 350.32 What activities must a

Rehabilitation Engineering Research Center

conduct?

A Rehabilitation Engineering

Research Center shall—

(a) Conduct research or demonstration

activities by using one or more of the

following strategies:

(1) Developing and disseminating

innovative methods of applying

advanced technology, scientific

achievement, and psychological and

social knowledge to solve rehabilitation

problems and remove environmental

barriers through—

(i) Planning and conducting research,

including cooperative research with

public or private agencies and

organizations, designed to produce new

scientific knowledge and new or

improved methods, equipment, or

devices; and

(ii) Studying and evaluating new or

emerging technologies, products, or

environments and their effectiveness

and benefits.

(2) Demonstrating and

disseminating—

(i) Innovative models for the delivery

to rural and urban areas of cost-effective

rehabilitation technology services that
Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Rules and Regulations 5717

will promote the use of assistive

technology services; and

(ii) Other scientific research to assist

in meeting the employment and

independent living needs of individuals

with severe disabilities.

(3) Conducting research and

demonstration activities that facilitate

service delivery systems change by

demonstrating, evaluating,

documenting, and disseminating—

(i) Consumer-responsive and

individual and family-centered

innovative models for the delivery, to

both rural and urban areas, of

innovative, cost-effective rehabilitation

technology services that promote use of

rehabilitation technology; and

(ii) Other scientific research to assist

in meeting the employment and

independent living needs of, and

addressing the barriers confronted by

individuals with disabilities, including

individuals with severe disabilities;

(b) To the extent consistent with the

nature and type of research or

demonstration activities described in

paragraph (a) of this section, carry out

research, training, and information

dissemination activities by—

(1) Providing training opportunities to

individuals, including individuals with

disabilities, to enable them to become

rehabilitation technology researchers

and practitioners of rehabilitation

technology in conjunction with

institutions of higher education and

nonprofit organizations; and

(2) Responding, through research or

demonstration activities, to the needs of

individuals with all types of disabilities

who may benefit from the application of

technology within the subject area of

focus of the Center.

(c) Conduct orientation seminars for

rehabilitation service personnel to

improve the application of

rehabilitation technology;

(d) Conduct activities that specifically

demonstrate means for utilizing

rehabilitation technology; and

(e) Provide technical assistance and

consultation that are responsive to

concerns of service providers and

consumers.

(Authority: Section 204(b)(3); 29 U.S.C.

762(b)(3))

§ 350.33 What cooperation requirements

must a Rehabilitation Engineering Research

Center meet?

A Rehabilitation Engineering

Research Center—

(a) Shall cooperate with State agencies

and other local, State, regional, and

national programs and organizations

developing or delivering rehabilitation

technology, including State programs

funded under the Technology-Related

Assistance for Individuals With

Disabilities Act of 1988 (29 U.S.C. 2201

et seq.); and

(b) To the extent consistent with the

nature and type of research or

demonstration activities described in

§ 350.32(a), shall cooperate with the

entities described in paragraph (a) of

this section to provide information to

individuals with disabilities and their

parents, family members, guardians,

advocates, or authorized

representatives, to—

(1) Increase awareness and

understanding of how rehabilitation

technology can address their needs; and

(2) Increase awareness and

understanding of the range of options,

programs, services, and resources

available, including financing options

for the technology and services covered

by the subject area of focus of the

Center.

(Authority: Section 204(b)(3) and (c); 29

U.S.C. 762(b)(3) and (c))

§ 350.34 Which Rehabilitation Engineering

Research Centers must have an advisory

committee?

A Rehabilitation Engineering

Research Center conducting research or

demonstration activities that facilitate

service delivery systems change must

have an advisory committee.

(Authority: Section 204 (b)(3)(D); 29 U.S.C.

762 (b)(3)(D))

§ 350.35 What are the requirements for the

composition of an advisory committee?

The majority of a Rehabilitation

Engineering Research Center advisory

committee’s members must be

comprised of individuals with

disabilities who are users of

rehabilitation technology, or their

parents, family members, guardians,

advocates, or authorized

representatives.

(Authority: Section 204(b)(3)(D); 29 U.S.C.

762(b)(3)(D))

Subpart E—How Does One Apply for

an Award?

§ 350.40 What is required of each

applicant regarding the needs of individuals

with disabilities from minority

backgrounds?

(a) Unless the Secretary indicates

otherwise in a notice published in the

Federal Register, an applicant for

assistance under this program must

demonstrate in its application how it

will address, in whole or in part, the

needs of individuals with disabilities

from minority backgrounds.

(b) The approaches an applicant may

take to meet this requirement may

include one or more of the following:

(1) Proposing project objectives

addressing the needs of individuals

with disabilities from minority

backgrounds.

(2) Demonstrating that the project will

address a problem that is of particular

significance to individuals with

disabilities from minority backgrounds.

(3) Demonstrating that individuals

from minority backgrounds will be

included in study samples in sufficient

numbers to generate information

pertinent to individuals with disabilities

from minority backgrounds.

(4) Drawing study samples and

program participant rosters from

populations or areas that include

individuals from minority backgrounds.

(5) Providing outreach to individuals

with disabilities from minority

backgrounds to ensure that they are

aware of rehabilitation services, clinical

care, or training offered by the project.

(6) Disseminating materials to or

otherwise increasing the access to

disability information among minority

populations.

(Approved by the Office of Management and

Budget under control number 1820–0027)

(Authority: Sections 21(b)(6); 29 U.S.C.

718b(b)(6))

§ 350.41 What State agency review must

an applicant under the Disability and

Rehabilitation Research Projects and

Centers Program obtain?

(a) An applicant that proposes to

conduct research, demonstrations, or

related activities that will either involve

clients of the State vocational

rehabilitation agency as research

subjects or study vocational

rehabilitation services or techniques

under this program, shall follow the

requirements in 34 CFR 75.155 through

75.159.

(b) For the purposes of this Program,

‘‘State’’ as used in 34 CFR 75.155

through 75.159 means the State

rehabilitation agency or agencies in the

primary State or States to be affected by

the proposed activities.

(Authority: Sections 204(c) and 306(i); 29

U.S.C. 762(c) and 766(a))

Subpart F—How Does the Secretary

Make an Award?

§ 350.50 What is the peer review process

for this Program?

(a) The Secretary refers each

application for a grant governed by

those regulations in this part to a peer

review panel established by the

Secretary.

(b) Peer review panels review

applications on the basis of the

applicable selection criteria in § 350.54.

(Authority: Section 202(e); 29 U.S.C. 761a(e))
5718 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Rules and Regulations

§ 350.51 What is the purpose of peer

review?

The purpose of peer review is to

insure that—

(a) Those activities supported by the

National Institute on Disability and

Rehabilitation Research (NIDRR) are of

the highest scientific, administrative,

and technical quality; and

(b) Activity results may be widely

applied to appropriate target

populations and rehabilitation

problems.

(Authority: Section 202(e); 29 U.S.C. 761a(e))

§ 350.52 What is the composition of a peer

review panel?

(a) The Secretary selects as members

of a peer review panel scientists and

other experts in rehabilitation or related

fields who are qualified, on the basis of

training, knowledge, or experience, to

give expert advice on the merit of the

applications under review.

(b) Applications for awards of $60,000

or more, except those for the purposes

of evaluation, dissemination of

information, or conferences, must be

reviewed by a peer review panel that

consists of a majority of non-Federal

members.

(c) In selecting members to serve on

a peer review panel, the Secretary takes

into account all of the following factors:

(1) The level of formal scientific or

technical education completed by

potential panel members.

(2)(i) The extent to which potential

panel members have engaged in

scientific, technical, or administrative

activities appropriate to the category of

applications that the panel will

consider;

(ii) The roles of potential panel

members in those activities; and

(iii) The quality of those activities.

(3) The recognition received by

potential panel members as reflected by

awards and other honors from scientific

and professional agencies and

organizations outside the Department.

(4) Whether the panel includes

knowledgeable individuals with

disabilities, or parents, family members,

guardians, advocates, or authorized

representatives of individuals with

disabilities.

(5) Whether the panel includes

individuals from diverse populations.

(Authority: Sections 18 and 202(e); 29 U.S.C.

717 and 761a(e))

§ 350.53 How does the Secretary evaluate

an application?

(a)(1)(i) The Secretary selects one or

more of the selection criteria in § 350.54

to evaluate an application;

(ii) The Secretary establishes selection

criteria based on statutory provisions

that apply to the Program which may

include, but are not limited to—

(A) Specific statutory selection

criteria;

(B) Allowable activities;

(C) Application content requirements;

or

(D) Other pre-award and post-award

conditions; or

(iii) The Secretary uses a combination

of selection criteria established under

paragraph (a)(1)(ii) of this section and

selection criteria in § 350.54.

(2) For Field-Initiated Projects, the

Secretary does not consider § 350.54(b)

(Responsiveness to the Absolute or

Competitive Priority) in evaluating an

application.

(b)(1) In considering selection criteria

in § 350.54, the Secretary selects one or

more of the factors listed in the criteria

except as provided for in paragraph

(b)(2) of this section.

(2) Under § 350.54, the Secretary

always considers the factor in paragraph

(n)(2) of that section.

(c) The maximum possible score for

an application is 100 points.

(d)(1) In the application package or a

notice published in the Federal

Register, the Secretary informs

applicants of—

(i)(A) The selection criteria chosen;

and

(B) The maximum possible score for

each of the selection criteria; and

(ii)(A) The factors selected for

considering the selection criteria; and

(B) If points are assigned to each

factor, the maximum possible score for

each factor under each criterion.

(2) If no points are assigned to each

factor, the Secretary evaluates each

factor equally.

(e) For Field-Initiated Projects, in

addition to the selection criteria, the

Secretary uses the additional

considerations in selecting applications

for funding as described in § 350.55.

(Authority: Section 202(e); 29 U.S.C. 761a(e))

§ 350.54 What selection criteria does the

Secretary use in evaluating an application?

In addition to criteria established

under § 350.53(a)(1)(ii), the Secretary

may select one or more of the following

criteria in evaluating an application:

(a) Importance of the problem. (1) The

Secretary considers the importance of

the problem.

(2) In determining the importance of

the problem, the Secretary considers

one or more of the following factors:

(i) The extent to which the applicant

clearly describes the need and target

population.

(ii) The extent to which the proposed

activities further the purposes of the

Act.

(iii) The extent to which the proposed

activities address a significant need of

one or more disabled populations.

(iv) The extent to which the proposed

activities address a significant need of

rehabilitation service providers.

(v) The extent to which the proposed

activities address a significant need of

those who provide services to

individuals with disabilities.

(vi) The extent to which the applicant

proposes to provide training in a

rehabilitation discipline or area of study

in which there is a shortage of qualified

researchers, or to a trainee population in

which there is a need for more qualified

researchers.

(vii) The extent to which the proposed

project will have beneficial impact on

the target population.

(b) Responsiveness to an absolute or

competitive priority. (1) The Secretary

considers the responsiveness of the

application to an absolute or

competitive priority published in the

Federal Register.

(2) In determining the application’s

responsiveness to the absolute or

competitive priority, the Secretary

considers one or more of the following

factors:

(i) The extent to which the applicant

addresses all requirements of the

absolute or competitive priority.

(ii) The extent to which the

applicant’s proposed activities are likely

to achieve the purposes of the absolute

or competitive priority.

(c) Design of research activities. (1)

The Secretary considers the extent to

which the design of research activities

is likely to be effective in accomplishing

the objectives of the project.

(2) In determining the extent to which

the design is likely to be effective in

accomplishing the objectives of the

project, the Secretary considers one or

more of the following factors:

(i) The extent to which the research

activities constitute a coherent,

sustained approach to research in the

field, including a substantial addition to

the state-of-the-art.

(ii) The extent to which the

methodology of each proposed research

activity is meritorious, including

consideration of the extent to which—

(A) The proposed design includes a

comprehensive and informed review of

the current literature, demonstrating

knowledge of the state-of-the-art;

(B) Each research hypothesis is

theoretically sound and based on

current knowledge;

(C) Each sample population is

appropriate and of sufficient size;

(D) The data collection and

measurement techniques are

appropriate and likely to be effective;

and
Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Rules and Regulations 5719

(E) The data analysis methods are

appropriate.

(iii) The extent to which anticipated

research results are likely to satisfy the

original hypotheses and could be used

for planning additional research,

including generation of new hypotheses

where applicable.

(d) Design of development activities.

(1) The Secretary considers the extent to

which the design of development

activities is likely to be effective in

accomplishing the objectives of the

project.

(2) (i) In determining the extent to

which the design is likely to be effective

in accomplishing the objectives of the

project, the Secretary considers one or

more of the following factors:

(ii) The extent to which the plan for

development, clinical testing, and

evaluation of new devices and

technology is likely to yield significant

products or techniques, including

consideration of the extent to which—

(A) The proposed project will use the

most effective and appropriate

technology available in developing the

new device or technique;

(B) The proposed development is

based on a sound conceptual model that

demonstrates an awareness of the stateof-the-art in technology;

(C) The new device or technique will

be developed and tested in an

appropriate environment;

(D) The new device or technique is

likely to be cost-effective and useful;

(E) The new device or technique has

the potential for commercial or private

manufacture, marketing, and

distribution of the product; and

(F) The proposed development efforts

include adequate quality controls and,

as appropriate, repeated testing of

products.

(e) Design of demonstration activities.

(1) The Secretary considers the extent to

which the design of demonstration

activities is likely to be effective in

accomplishing the objectives of the

project.

(2) In determining the extent to which

the design is likely to be effective in

accomplishing the objectives of the

project, the Secretary considers one or

more of the following factors:

(i) The extent to which the proposed

demonstration activities build on

previous research, testing, or practices.

(ii) The extent to which the proposed

demonstration activities include the use

of proper methodological tools and

theoretically sound procedures to

determine the effectiveness of the

strategy or approach.

(iii) The extent to which the proposed

demonstration activities include

innovative and effective strategies or

approaches.

(iv) The extent to which the proposed

demonstration activities are likely to

contribute to current knowledge and

practice and be a substantial addition to

the state-of-the-art.

(v) The extent to which the proposed

demonstration activities can be applied

and replicated in other settings.

(f) Design of training activities. (1) The

Secretary considers the extent to which

the design of training activities is likely

to be effective in accomplishing the

objectives of the project.

(2) In determining the extent to which

the design is likely to be effective in

accomplishing the objectives of the

project, the Secretary considers one or

more of the following factors:

(i) The extent to which the proposed

training materials are likely to be

effective, including consideration of

their quality, clarity, and variety.

(ii) The extent to which the proposed

training methods are of sufficient

quality, intensity, and duration.

(iii) The extent to which the proposed

training content—

(A) Covers all of the relevant aspects

of the subject matter; and

(B) If relevant, is based on new

knowledge derived from research

activities of the proposed project.

(iv) The extent to which the proposed

training materials, methods, and content

are appropriate to the trainees,

including consideration of the skill level

of the trainees and the subject matter of

the materials.

(v) The extent to which the proposed

training materials and methods are

accessible to individuals with

disabilities.

(vi) The extent to which the

applicant’s proposed recruitment

program is likely to be effective in

recruiting highly qualified trainees,

including those who are individuals

with disabilities.

(vii) The extent to which the

applicant is able to carry out the

training activities, either directly or

through another entity.

(viii) The extent to which the

proposed didactic and classroom

training programs emphasize scientific

methodology and are likely to develop

highly qualified researchers.

(ix) The extent to which the quality

and extent of the academic mentorship,

guidance, and supervision to be

provided to each individual trainee are

of a high level and are likely to develop

highly qualified researchers.

(x) The extent to which the type,

extent, and quality of the proposed

clinical and laboratory research

experience, including the opportunity to

participate in advanced-level research,

are likely to develop highly qualified

researchers.

(xi) The extent to which the

opportunities for collegial and

collaborative activities, exposure to

outstanding scientists in the field, and

opportunities to participate in the

preparation of scholarly or scientific

publications and presentations are

extensive and appropriate.

(g) Design of dissemination activities.

(1) The Secretary considers the extent to

which the design of dissemination

activities is likely to be effective in

accomplishing the objectives of the

project.

(2) In determining the extent to which

the design is likely to be effective in

accomplishing the objectives of the

project, the Secretary considers one or

more of the following factors:

(i) The extent to which the content of

the information to be disseminated—

(A) Covers all of the relevant aspects

of the subject matter; and

(B) If appropriate, is based on new

knowledge derived from research

activities of the project.

(ii) The extent to which the materials

to be disseminated are likely to be

effective and usable, including

consideration of their quality, clarity,

variety, and format.

(iii) The extent to which the methods

for dissemination are of sufficient

quality, intensity, and duration.

(iv) The extent to which the materials

and information to be disseminated and

the methods for dissemination are

appropriate to the target population,

including consideration of the

familiarity of the target population with

the subject matter, format of the

information, and subject matter.

(v) The extent to which the

information to be disseminated will be

accessible to individuals with

disabilities.

(h) Design of utilization activities. (1)

The Secretary considers the extent to

which the design of utilization activities

is likely to be effective in accomplishing

the objectives of the project.

(2) In determining the extent to which

the design is likely to be effective in

accomplishing the objectives of the

project, the Secretary considers one or

more of the following factors:

(i) The extent to which the potential

new users of the information or

technology have a practical use for the

information and are likely to adopt the

practices or use the information or

technology, including new devices.

(ii) The extent to which the utilization

strategies are likely to be effective.
5720 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Rules and Regulations

(iii) The extent to which the

information or technology is likely to be

of use in other settings.

(i) Design of technical assistance

activities. (1) The Secretary considers

the extent to which the design of

technical assistance activities is likely to

be effective in accomplishing the

objectives of the project.

(2) In determining the extent to which

the design is likely to be effective in

accomplishing the objectives of the

project, the Secretary considers one or

more of the following factors:

(i) The extent to which the methods

for providing technical assistance are of

sufficient quality, intensity, and

duration.

(ii) The extent to which the

information to be provided through

technical assistance covers all of the

relevant aspects of the subject matter.

(iii) The extent to which the technical

assistance is appropriate to the target

population, including consideration of

the knowledge level of the target

population, needs of the target

population, and format for providing

information.

(iv) The extent to which the technical

assistance is accessible to individuals

with disabilities.

(j) Plan of operation. (1) The Secretary

considers the quality of the plan of

operation.

(2) In determining the quality of the

plan of operation, the Secretary

considers one or more of the following

factors:

(i) The adequacy of the plan of

operation to achieve the objectives of

the proposed project on time and within

budget, including clearly defined

responsibilities, and timelines for

accomplishing project tasks.

(ii) The adequacy of the plan of

operation to provide for using resources,

equipment, and personnel to achieve

each objective.

(k) Collaboration. (1) The Secretary

considers the quality of collaboration.

(2) In determining the quality of

collaboration, the Secretary considers

one or more of the following factors:

(i) The extent to which the applicant’s

proposed collaboration with one or

more agencies, organizations, or

institutions is likely to be effective in

achieving the relevant proposed

activities of the project.

(ii) The extent to which agencies,

organizations, or institutions

demonstrate a commitment to

collaborate with the applicant.

(iii) The extent to which agencies,

organizations, or institutions that

commit to collaborate with the

applicant have the capacity to carry out

collaborative activities.

(l) Adequacy and reasonableness of

the budget. (1) The Secretary considers

the adequacy and the reasonableness of

the proposed budget.

(2) In determining the adequacy and

the reasonableness of the proposed

budget, the Secretary considers one or

more of the following factors:

(i) The extent to which the costs are

reasonable in relation to the proposed

project activities.

(ii) The extent to which the budget for

the project, including any subcontracts,

is adequately justified to support the

proposed project activities.

(iii) The extent to which the applicant

is of sufficient size, scope, and quality

to effectively carry out the activities in

an efficient manner.

(m) Plan of evaluation. (1) The

Secretary considers the quality of the

plan of evaluation.

(2) In determining the quality of the

plan of evaluation, the Secretary

considers one or more of the following

factors:

(i) The extent to which the plan of

evaluation provides for periodic

assessment of progress toward—

(A) Implementing the plan of

operation; and

(B) Achieving the project’s intended

outcomes and expected impacts.

(ii) The extent to which the plan of

evaluation will be used to improve the

performance of the project through the

feedback generated by its periodic

assessments.

(iii) The extent to which the plan of

evaluation provides for periodic

assessment of a project’s progress that is

based on identified performance

measures that—

(A) Are clearly related to the intended

outcomes of the project and expected

impacts on the target population; and

(B) Are objective, and quantifiable or

qualitative, as appropriate.

(n) Project staff. (1) The Secretary

considers the quality of the project staff.

(2) In determining the quality of the

project staff, the Secretary considers the

extent to which the applicant

encourages applications for employment

from persons who are members of

groups that have traditionally been

underrepresented based on race, color,

national origin, gender, age, or

disability.

(3) In addition, the Secretary

considers one or more of the following:

(i) The extent to which the key

personnel and other key staff have

appropriate training and experience in

disciplines required to conduct all

proposed activities.

(ii) The extent to which the

commitment of staff time is adequate to

accomplish all the proposed activities of

the project.

(iii) The extent to which the key

personnel are knowledgeable about the

methodology and literature of pertinent

subject areas.

(iv) The extent to which the project

staff includes outstanding scientists in

the field.

(v) The extent to which key personnel

have up-to-date knowledge from

research or effective practice in the

subject area covered in the priority.

(o) Adequacy and accessibility of

resources. (1) The Secretary considers

the adequacy and accessibility of the

applicant’s resources to implement the

proposed project.

(2) In determining the adequacy and

accessibility of resources, the Secretary

considers one or more of the following

factors:

(i) The extent to which the applicant

is committed to provide adequate

facilities, equipment, other resources,

including administrative support, and

laboratories, if appropriate.

(ii) The quality of an applicant’s past

performance in carrying out a grant.

(iii) The extent to which the applicant

has appropriate access to clinical

populations and organizations

representing individuals with

disabilities to support advanced clinical

rehabilitation research.

(iv) The extent to which the facilities,

equipment, and other resources are

appropriately accessible to individuals

with disabilities who may use the

facilities, equipment, and other

resources of the project.

(Approved by the Office of Management and

Budget under control number 1820–0027)

(Authority: Sections 202 and 204; 29 U.S.C.

761a and 762)

§ 350.55 What are the additional

considerations for selecting Field-Initiated

Project applications for funding?

(a) The Secretary reserves funds to

support some or all of the Field-Initiated

Project applications that have been

awarded points totaling 80% or more of

the maximum possible points under the

procedures described in § 350.53.

(b) In making a final selection of

applications to support as FieldInitiated Projects, the Secretary

considers the extent to which

applications that have been awarded a

rating of 80% or more of the maximum

possible points and meet one or more of

the following conditions:

(1) The proposed project represents a

unique opportunity to advance

rehabilitation knowledge to improve the

lives of individuals with disabilities.

(2) The proposed project

complements research already planned

or funded by the NIDRR through annual

priorities published in the Federal
Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Rules and Regulations 5721

Register or addresses the research in a

new and promising way.

(Authority: Sections 202 (g) and (i)(1); 29

U.S.C. 761a(g) and 761a(i)(1))

Subpart G—What Conditions Must Be

Met After an Award?

§ 350.60 How must a grantee conduct

activities?

A grantee must—

(a) Conduct all activities in a manner

that is accessible to and usable by

individuals with disabilities; and

(b) If a grantee carries out more than

one activity, carry out integrated

activities.

(Authority: Sections 202 and 204(b)(2); 29

U.S.C. 761a and 762(b))

§ 350.61 What evaluation requirements must

a grantee meet?

(a) A grantee must establish

performance measures for use in its

evaluation that—

(1) Are clearly related to the—

(i) Intended outcomes of the project;

and

(ii) Expected impacts on the target

population; and

(2) To the extent possible are

quantifiable, or are objective and

qualitative.

(b) A grantee must make periodic

assessments of progress that will

provide the grantee with performance

feedback related to—

(1) Progress in implementing the plan

of operation; and

(2) Progress in achieving the intended

outcomes and expected impacts as

assessed by the established performance

measures.

(Authority: Sections 202 and 204; 29 U.S.C.

761a and 762)

§ 350.62 What are the matching

requirements?

(a) (1) The Secretary may make grants

to pay for part of the costs of research

and demonstration projects that bear

directly on the development of

procedures, methods, and devices to

assist the provision of vocational and

other rehabilitation services, and

research training and career

development projects.

(2) Each grantee must participate in

the costs of those projects.

(3) The specific amount of cost

sharing to be borne by each grantee—

(i) Is negotiated at the time of the

award; and

(ii) Is not considered in the selection

process.

(b) (1) The Secretary may make grants

to pay for part or all of the costs of—

(i) Establishment and support of

Rehabilitation Research and Training

Centers and Rehabilitation Engineering

Research Centers; and

(ii) Specialized research or

demonstration activities described in

Section 204(b) (2)–(16) of the Act.

(2) The Secretary determines at the

time of the award whether the grantee

must pay a portion of the project or

center costs.

(Authority: Section 204; 29 U.S.C. 762)

§ 350.63 What are the requirements of a

grantee relative to the Client Assistance

Program?

All Projects and Centers that provide

services to individuals with disabilities

with funds awarded under this Program

must—

(a) Advise those individuals who are

applicants for or recipients of services

under the Act, or their parents, family

members, guardians, advocates, or

authorized representatives, of the

availability and purposes of the Client

Assistance Program (CAP) funded under

the Act; and

(b) Provide information on the means

of seeking assistance under the CAP.

(Authority: Section 20; 29 U.S.C. 718a)

§ 350.64 What is the required duration of

the training in an Advanced Rehabilitation

Research Training Project?

A grantee for an Advanced

Rehabilitation Research Training Project

shall provide training to individuals

that is at least one academic year, unless

a longer training period is necessary to

ensure that each trainee is qualified to

conduct independent research upon

completion of the course of training.

(Authority: Sections 202–204; 29 U.S.C. 760–

762)

§ 350.65 What level of participation is

required of trainees in an Advanced

Rehabilitation Research Training Project?

Individuals who are receiving training

under an Advanced Rehabilitation

Research Training Project shall devote

at least eighty percent of their time to

the activities of the training program

during the training period.

(Authority: Sections 202–204; 29 U.S.C. 760–

762)

§ 350.66 What must a grantee include in a

patent application?

Any patent application filed by a

grantee for an invention made under a

grant must include the following

statement in the first paragraph:

The invention described in this application

was made under a grant from the Department

of Education.

(Authority: 20 U.S.C. 1221e–3)

[FR Doc. 97–3003 Filed 2–5–97; 8:45 am]

BILLING CODE 4000–01–P