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PART 371--AMERICAN INDIAN VOCATIONAL REHABILITATION 

SERVICES 

Subpart A--General

371.1 What is the American Indian Vocational Rehabilitation Services program?

371.2 Who is eligible for assistance under this program?

371.3 What types of projects are authorized under this 

program?

371.4 What is the length of the project period under this 

program?

371.5 What regulations apply to this program?

371.6 What definitions apply to this program?

Subpart B--Training and Technical Assistance

371.10 What are the requirements for funding training and 

technical assistance under this subpart?

371.11 How does the Secretary use these funds to provide 

training and technical assistance?

371.12 How does the Secretary make an award?

371.13 How does the Secretary determine funding 

priorities?

371.14 How does the Secretary evaluate an application?

Subpart C--How Does One Apply for a Grant?

371.20 What are the application procedures for this 

program?
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371.21 What are the special application requirements related to the projects funded under this part?

Subpart D--How Does the Secretary Make a Grant?

371.31 How are grants awarded?

371.32 What other factors does the Secretary consider in 

reviewing an application?

Subpart E--What Conditions Apply to a Grantee Under this 

Program?

371.40 What are the matching requirements?

371.41 What are allowable costs?

371.42 How are services to be administered under this program?

371.43 What other special conditions apply to this program?

371.44 What are the special requirements pertaining to the 

protection, use, and release of personal information?

371.45 What notice must be given about the Client 

Assistance Program (CAP)?

AUTHORITY: Sections 12(c) and 121 of the Rehabilitation 

Act of 1973, as amended; 29 U.S.C. 709(c) and 741, unless 

otherwise noted. Subpart A—General§371.1 What is the 

American Indian Vocational Rehabilitation Services program?

This program is designed to provide vocational 

rehabilitation services, including culturally appropriate 
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services, to American Indians with disabilities who reside 

on or near Federal or State reservations, consistent with 

such eligible individual’s strengths, resources, 

priorities, concerns, abilities, capabilities, interests, 

and informed choice, so that such individual may prepare 

for, and engage in, high-quality employment that will 

increase opportunities for economic self-sufficiency.

(Authority: Section 121(a) of the Rehabilitation Act

of 1973, as amended; 29 U.S.C. 741(a))

§371.2 Who is eligible for assistance under this program?

(a) Applications may be made only by Indian tribes and 

consortia of those Indian tribes located on Federal and 

State reservations.

(1) The applicant for the grant must be 

(i) The governing body of an Indian tribe, either on 

behalf the Indian tribe or on behalf of a consortium of 

Indian tribes; or

(ii) A tribal organization that is a separate legal 

organization from an Indian tribe.

(2) In order to receive a grant under this section, a 

tribal organization that is not a governing body of an 

Indian tribe must have as one of its functions the 

vocational rehabilitation of American Indians with 

disabilities.
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(3) If a grant is made to the governing body of an 

Indian tribe, a consortium of those governing bodies or a 

tribal organization to perform services benefiting more 

than one Indian tribe, the approval of each such Indian 

tribe shall be a prerequisite to the making of such a 

grant.

(b) Applications for awards under Subpart B may be 

made by State, local or tribal governments, non-profit 

organizations, or institutions of higher education. 

(Authority: Sections 12(c) and 121(a) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(a))

§371.3 What types of projects are authorized under this 

program?

The American Indian Vocational Rehabilitation Services 

program provides financial assistance for the establishment 

and operation of tribal vocational rehabilitation services 

programs for American Indians with disabilities who reside 

on or near Federal or State reservations.

(Authority: Sections 12(c) and 121(a) of the 

Rehabilitation Act of 1973, as amended Act, 29 U.S.C. 

709(c) and 741(a)

§371.4 What is the length of the project period under this 

program?
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The Secretary approves a project period of up to sixty 

months.

(Authority: Sections 12(c) and 121(b)(3) of the 

Rehabilitation Act of 1973, as amended, 29 U.S.C. 709(c) 

and 121(b)(3))

§371.5 What regulations apply to this program?

The following regulations apply to this program-

(a) The regulations in this part 371.

(b) 2 CFR part 180 (OMB Guidelines to Agencies on 

Debarment and Suspension (Nonprocurement)), as adopted at 2 

CFR part 3485; 

(c) 2 CFR part 200 (Uniform Administrative 

Requirements, Cost Principles, and Audit Requirements for 

Federal Awards) as adopted at 2 CFR part 3474.

(d) 34 CFR part 75 Direct Grant Programs

(e) 34 CFR part 77 Definitions that Apply to 

Department Regulations

(f) 34 CFR part 81 General Education Provisions Act -

Enforcement

(g) 34 CFR part 82 New Restrictions on Lobbying

(h) 34 CFR part 84 Governmentwide Requirements for 

Drug-Free Workplace

(Authority: Section 12(c) of the Rehabilitation Act of 

1973, as amended; 29 U.S.C. 709(c))
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§371.6 What definitions apply to this program?

(a) The definitions of terms included in the 

applicable regulations listed in §371.5;

(b) The following definitions also apply to this 

program --

Act means the Rehabilitation Act of 1973, as amended.

Assessment for determining eligibility and vocational 

rehabilitation needs means as appropriate in each case -

(1)(i) A review of existing data—

(A) To determine whether an individual is eligible 

for vocational rehabilitation services; and 

(B) To assign priority for an order of selection 

described in an approved plan or the approved grant 

application; and 

(ii) To the extent necessary, the provision of 

appropriate assessment activities to obtain necessary 

additional data to make such determination and assignment;

(2) To the extent additional data is necessary to 

make a determination of the employment outcomes, and the 

nature and scope of vocational rehabilitation services, to 

be included in the individualized plan for employment of an 

eligible individual, a comprehensive assessment to 

determine the unique strengths, resources, priorities, 

concerns, abilities, capabilities, interests, and informed 
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choice, including the need for supported employment, of the 

eligible individual, which comprehensive assessment—

(i) Is limited to information that is necessary to 

identify the rehabilitation needs of the individual and to 

develop the individualized plan for employment of the 

eligible individual;

(ii) Uses, as a primary source of such information, 

to the maximum extent possible and appropriate and in 

accordance with confidentiality requirements—

(A) Existing information obtained for the purposes of 

determining the eligibility of the individual and assigning 

priority for an order of selection described in an approved 

plan or the approved grant application for the individual; 

and

(B) Information that can be provided by the 

individual and, if appropriate, by the family of the 

individual;

(iii) May include, to the degree needed to make such 

a determination, an assessment of the personality, 

interests, interpersonal skills, intelligence and related 

functional capacities, educational achievements, work 

experience, vocational aptitudes, personal and social 

adjustments, and employment opportunities of the 

individual, and the medical, psychiatric, psychological, 
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and other pertinent vocational, educational, cultural, 

social, recreational, and environmental factors, that 

affect the employment and rehabilitation needs of the 

individual; 

(iv) May include, to the degree needed, an appraisal 

of the patterns of work behavior of the individual and 

services needed for the individual to acquire occupational 

skills, and to develop work attitudes, work habits, work 

tolerance, and social and behavior patterns necessary for 

successful job performance, including the use of work in 

real job situations to assess and develop the capacities of 

the individual to perform adequately in a work environment; 

and

(v) To the maximum extent possible, relies on 

information obtained from experiences in integrated 

employment settings in the community, and other integrated 

community settings;

(3) Referral, for the provision of rehabilitation 

technology services to the individual, to assess and 

develop the capacities of the individual to perform in a 

work environment; and

(4) An exploration of the individual’s abilities, 

capabilities, and capacity to perform in work situations, 

which must be assessed periodically during trial work 
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experiences, including experiences in which the individual 

is provided appropriate supports and training.

(Authority: Sections 7(2) and 12(c) of the 

Rehabilitation Act of 1973, as amended, 29 U.S.C. 705(2) 

and 709(c))

Community rehabilitation program means a program that 

provides directly, or facilitates providing, one or more of 

the following vocational rehabilitation services to 

individuals with disabilities to enable them to maximize 

their opportunities for employment, including career 

advancement -

(1) Medical, psychiatric, psychological, social, and 

vocational services that are provided under one management;

(2) Testing, fitting, or training in the use of 

prosthetic and orthotic devices;

(3) Recreational therapy;

(4) Physical and occupational therapy;

(5) Speech, language, and hearing therapy; 

(6) Psychiatric, psychological, and social services, 

including positive behavior management;

(7) Assessment for determining eligibility and 

vocational rehabilitation needs;

(8) Rehabilitation technology;
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(9) Job development, placement, and retention 

services;

(10) Evaluation or control of specific disabilities;

(11) Orientation and mobility services for 

individuals who are blind;

(12) Extended employment;

(13) Psychosocial rehabilitation services;

(14) Supported employment services and extended 

services;

(15) Customized employment;

(16) Services to family members if necessary to 

enable the applicant or eligible individual to achieve an 

employment outcome;

(17) Personal assistance services; or

(18) Services similar to the services described in 

paragraphs (1) through (17) of this definition.

(Authority: Sections 7(4) and 12(c) of the 

Rehabilitation Act of 1973, as amended, 29 U.S.C. 705(4) 

and 709(c))

Comparable services and benefits means -

(1) Services and benefits, including auxiliary aids 

and services, that are -
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(i) Provided or paid for, in whole or in part, by 

other Federal, State, or local public agencies, by health 

insurance, or by employee benefits;

(ii) Available to the individual at the time needed 

to ensure the progress of the individual toward achieving 

the employment outcome in the individual's individualized 

plan for employment; and

(iii) Commensurate to the services that the 

individual would otherwise receive from the Tribal 

Vocational Rehabilitation unit.

(2) For the purposes of this definition, comparable 

benefits do not include awards and scholarships based on 

merit.

(Authority: Sections 12(c) and 101(a)(8)(A) of the 

Rehabilitation Act of 1973, as amended, 29 U.S.C. 709(c) 

and 721(a)(8)(A))

Competitive integrated employment means work—

(1) That is performed on a full-time or part-time 

basis (including self-employment); and for which an 

individual is compensated at a rate that –

(i) Shall not be less than the higher of the rate 

specified in section 6(a)(1) of the Fair Labor Standards 

Act of 1938 (29 U.S.C. 206(a)(1)), or the rate specified in 

the applicable State or local minimum wage law; and 
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(ii) Is not less than the customary rate paid by the 

employer for the same or similar work performed by other 

employees who are not individuals with disabilities, and 

who are similarly situated in similar occupations by the 

same employer and who have similar training, experience, 

and skills; or 

(iii) In the case of an individual who is selfemployed, yields an income that is comparable to the income 

received by other individuals who are not individuals with 

disabilities, and who are self-employed in similar 

occupations or on similar tasks and who have similar 

training, experience, and skills; and 

(iv) Is eligible for the level of benefits provided 

to other employees; and

(2) That is at a location typically found in the 

community and where the employee with a disability 

interacts for the purpose of performing the duties of the 

position with other employees within the particular work 

unit, employees within the entire work site, and, as 

appropriate to the work performed, other persons (e.g., 

customers and vendors), who are not individuals with 

disabilities (not including supervisory personnel or 

individuals who are providing services to such employee) to 

the same extent that employees who are not individuals with 
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disabilities and who are in comparable positions interact 

with these persons; and 

(3) That, as appropriate, presents opportunities for 

advancement that are similar to those for other employees 

who are not individuals with disabilities and who have 

similar positions.

(Authority: Sections 7(5) and 12(c) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 705(5) 

and 709(c))

Consortium means two or more eligible governing bodies 

of Indian tribes that apply for an award under this program 

by either: (1) Designating one governing body to apply for 

the grant; or 

(2) Establishing and designating a tribal organization 

to apply for a grant. 

(Authority: Sections 12(c) and 121 of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(a))

Customized employment means competitive integrated 

employment, for an individual with a significant 

disability, that is based on an individualized 

determination of the unique strengths, needs, and interests 

of the individual with a significant disability, is 

designed to meet the specific abilities of the individual 
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with a significant disability and the business needs of the 

employer, and is carried out through flexible strategies, 

such as -

(1) Job exploration by the individual; 

(2) Working with an employer to facilitate placement, 

including –

(i) Customizing a job description based on current 

employer needs or on previously unidentified and unmet 

employer needs; and

(ii) Developing a set of job duties, a work schedule 

and job arrangement, and specifics of supervision 

(including performance evaluation and review), and 

determining a job location;

(3) Representation by a professional chosen by the 

individual, or self-representation of the individual, in 

working with an employer to facilitate placement; and 

(4) Providing services and supports at the job 

location.

(Authority: Sections 7(7) and 12(c) of the 

Rehabilitation Act of 1973, as amended, 29 U.S.C. 705(7) 

and 709(c))

Eligible individual means an applicant for vocational 

rehabilitation services who meets the eligibility 

requirements of Section 102(a)(1) of the Act.
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(Authority: Sections 7(20)(A), 12(c), and 102(a)(1) 

of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 

705(20)(A), 709(c), and 722)

Employment outcome means, with respect to an 

individual, entering, advancing or retaining full-time or, 

if appropriate, part-time competitive integrated 

employment, including customized employment, selfemployment, telecommuting, business ownership, or 

supported employment, that is consistent with an 

individual's unique strengths, resources, priorities, 

concerns, abilities, capabilities, interests, and informed 

choice.

(Authority: Sections 7(11) and 12(c) of the 

Rehabilitation Act of 1973, as amended, 29 U.S.C. 705(11), 

and 709(c))

Family member for the purposes of receiving vocational 

rehabilitation services means an individual -

(1) Who either -

(i) Is a relative or guardian of an applicant or 

eligible individual; or

(ii) Lives in the same household as an applicant or 

eligible individual;

(2) Who has a substantial interest in the well-being 

of that individual; and
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(3) Whose receipt of vocational rehabilitation 

services is necessary to enable the applicant or eligible 

individual to achieve an employment outcome.

(Authority: Sections 12(c) and 103(a)(19) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 723(a)(19))

Governing bodies of Indian tribes means those duly 

elected or appointed representatives of an Indian tribe or 

of an Alaskan native village. These representatives must 

have the authority to enter into contracts, agreements, and 

grants on behalf of their constituency.

(Authority: Sections 12(c) and 121(a) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(a))

Indian; American Indian; Indian American; Indian tribe

means -

(1) Indian, American Indian, and Indian American mean 

an individual who is a member of an Indian tribe and 

includes a Native and a descendant of a Native, as such 

terms are defined in subsections (b) and (r) of section 3 

of the Alaska Native Claims Settlement Act (43 U.S.C. 

1602).

(2) Indian tribe means any Federal or State Indian 

tribe, band, rancheria, pueblo, colony, or community, 
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including any Alaskan native village or regional village 

corporation (as defined in or established pursuant to the 

Alaska Native Claims Settlement Act) and a tribal 

organization (as defined in section 4(1) of the Indian 

Self-Determination and Education Assistance Act (25 U.S.C. 

450(b)(1)) and this section.

(Authority: Section 7(19) of the Rehabilitation Act

of 1973, as amended, 29 U.S.C. 705(19))

Individual with a disability means -

In general any individual who -

(1) Who has a physical or mental impairment;

(2) Whose impairment constitutes or results in a 

substantial impediment to employment; and

(3) Who can benefit in terms of an employment outcome 

from the provision of vocational rehabilitation services.

(Authority: Section 7(20)(A) of the Rehabilitation 

Act of 1973, as amended; 29 U.S.C. 705(20)(A))

Individual with a significant disability means -

In general an individual with a disability –

(1) 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;
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(2) Whose vocational rehabilitation can be expected to 

require multiple vocational rehabilitation services over an 

extended period of time; and

(3) 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, 

intellectual disability, mental illness, multiple 

sclerosis, muscular dystrophy, musculo-skeletal disorders, 

neurological disorders (including stroke and epilepsy), 

spinal cord conditions (including paraplegia and 

quadriplegia), sickle cell anemia, specific learning 

disability, end-stage renal disease, or another disability 

or combination of disabilities determined on the basis of 

an assessment for determining eligibility and vocational 

rehabilitation needs to cause comparable substantial 

functional limitation.

(Authority: Section 7(21) of the Rehabilitation Act 

of 1973, as amended, 29 U.S.C. 705(21))

Maintenance means monetary support provided to an 

individual for expenses, such as food, shelter, and 

clothing, that are in excess of the normal expenses of the 

individual and that are necessitated by the individual's 
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participation in an assessment for determining eligibility 

and vocational rehabilitation needs or the individual's 

receipt of vocational rehabilitation services under an 

individualized plan for employment.

(Authority: Sections 12(c) and 103(a)(7) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 723(a)(7))

Examples: The following are examples of expenses that 

would meet the definition of maintenance. The examples are 

illustrative, do not address all possible circumstances, 

and are not intended to substitute for individual counselor 

judgment.

Example 1: The cost of a uniform or other suitable 

clothing that is required for an individual's job placement 

or job-seeking activities.

Example 2: The cost of short-term shelter that is 

required in order for an individual to participate in 

assessment activities or vocational training at a site that 

is not within commuting distance of an individual's home.

Example 3: The initial one-time costs, such as a 

security deposit or charges for the initiation of 

utilities, that are required in order for an individual to 

relocate for a job placement.

Physical and mental restoration services means—
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(1) Corrective surgery or therapeutic treatment that 

is likely, within a reasonable period of time, to correct 

or modify substantially a stable or slowly progressive

physical or mental impairment that constitutes a 

substantial impediment to employment;

(2) Diagnosis of and treatment for mental or emotional 

disorders by qualified personnel in accordance with State 

licensure laws;

(3) Dentistry;

(4) Nursing services;

(5) Necessary hospitalization (either inpatient or 

outpatient care) in connection with surgery or treatment 

and clinic services;

(6) Drugs and supplies;

(7) Prosthetic and orthotic devices;

(8) Eyeglasses and visual services, including visual 

training, and the examination and services necessary for 

the prescription and provision of eyeglasses, contact 

lenses, microscopic lenses, telescopic lenses, and other 

special visual aids prescribed by personnel that are 

qualified in accordance with State licensure laws;

(9) Podiatry;

(10) Physical therapy;

(11) Occupational therapy;
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(12) Speech or hearing therapy;

(13) Mental health services;

(14) Treatment of either acute or chronic medical 

complications and emergencies that are associated with or 

arise out of the provision of physical and mental 

restoration services, or that are inherent in the condition 

under treatment;

(15) Special services for the treatment of 

individuals with end-stage renal disease, including 

transplantation, dialysis, artificial kidneys, and 

supplies; and

(16) Other medical or medically related 

rehabilitation services.

(17) Services reflecting the cultural background of 

the American Indian being served, including treatment 

provided by native healing practitioners in accordance with 

34 CFR 371.41(a)(2).

(Authority: Sections 12(c), 103(a)(6), and 

121(b)(1)(B) of the Rehabilitation Act of 1973, as amended; 

29 U.S.C. 709(c), 723(a)(6), and 741(b)(1)(B))

Physical or mental impairment means—

(1) Any physiological disorder or condition, cosmetic 

disfigurement, or anatomical loss affecting one or more of 

the following body systems: neurological, musculo-skeletal, 
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special sense organs, respiratory (including speech 

organs), cardiovascular, reproductive, digestive, 

genitourinary, hemic and lymphatic, skin, and endocrine; or

(2) Any mental or psychological disorder such as 

intellectual or developmental disability, organic brain 

syndrome, emotional or mental illness, and specific 

learning disabilities.

(Authority: Sections 7(20)(A) and 12(c) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 

705(20)(A) and 709(c))

Post-employment services means one or more of the 

services that are provided subsequent to the achievement of 

an employment outcome and that are necessary for an 

individual to maintain, regain, or advance in employment, 

consistent with the individual's unique strengths, 

resources, priorities, concerns, abilities, capabilities, 

interests, and informed choice.

(Authority: Sections 12(c) and 103(a)(18) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c)) 

and 723(a)(18))

Note to definition of post-employment services: Postemployment services are intended to ensure that the 

employment outcome remains consistent with the individual's 

unique strengths, resources, priorities, concerns, 
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abilities, capabilities, interests, and informed choice. 

These services are available to meet rehabilitation needs 

that do not require a complex and comprehensive provision 

of services and, thus, should be limited in scope and 

duration. If more comprehensive services are required, then 

a new rehabilitation effort should be considered. Postemployment services are to be provided under an amended 

individualized plan for employment; thus, a redetermination of eligibility is not required. The provision 

of post-employment services is subject to the same 

requirements in this part as the provision of any other 

vocational rehabilitation service. Post-employment services 

are available to assist an individual to maintain 

employment, e.g., the individual's employment is 

jeopardized because of conflicts with supervisors or coworkers, and the individual needs mental health services 

and counseling to maintain the employment; or the 

individual requires assistive technology to maintain the 

employment; to regain employment, e.g., the individual's 

job is eliminated through reorganization and new placement 

services are needed; and to advance in employment, e.g., 

the employment is no longer consistent with the 

individual's unique strengths, resources, priorities, 
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concerns, abilities, capabilities, interests, and informed 

choice.

Representatives of the Tribal Vocational 

Rehabilitation program means, consistent with 34 CFR 

371.21(b), those individuals specifically responsible for 

determining eligibility, the nature and scope of vocational 

rehabilitation services, and the provision of those 

services.

(Authority: Sections 12(c) and 121(b)(1)(D) of the 

Rehabilitation Act of 1973, as amended, 29 U.S.C. 709(c) 

and 741(b)(1)(D))

Reservation means a Federal or State Indian 

reservation, public domain Indian allotment, former Indian 

reservation in Oklahoma, land held by incorporated Native 

groups, regional corporations and village corporations 

under the provisions of the Alaska Native Claims Settlement 

Act; or a defined area of land recognized by a State or the 

Federal Government where there is a concentration of tribal 

members and on which the tribal government is providing 

structured activities and services.

(Authority: Sections 12(c) and 121(e) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(e))
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Subsistence means a form of self-employment in which 

individuals produce, using culturally relevant and 

traditional methods, goods or services that are 

predominantly consumed by their own household or used for 

noncommercial customary trade or barter and that constitute 

an important basis for the worker’s livelihood. 

(Authority: Section 12(c) of the Rehabilitation Act 

of 1973, as amended; 29 U.S.C. 709(c))

Substantial impediment to employment means that a 

physical or mental impairment (in light of attendant 

medical, psychological, vocational, educational, 

communication, and other related factors) hinders an 

individual from preparing for, entering into, engaging in, 

advancing in or retaining employment consistent with the 

individual's abilities and capabilities.

(Authority: Sections 7(20)(A) and 12(c) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 

705(20)(A) and 709(c))

Supported employment means 

(1) Competitive integrated employment, including 

customized employment, or employment in an integrated work 

setting in which an individual with a most significant 

disability is working on a short-term basis toward 

competitive integrated employment that is individualized 
26

and customized, consistent with the unique strengths, 

abilities, interests, and informed choice of the 

individual, including with ongoing support services for 

individuals with the most significant disabilities—

(i) For whom competitive integrated employment has 

not historically occurred, or for whom competitive 

integrated employment has been interrupted or intermittent 

as a result of a significant disability; and

(ii) Who, because of the nature and severity of their 

disability, need intensive supported employment services 

and extended services after the transition from support 

provided by the Tribal Vocational Rehabilitation Unit, in 

order to perform this work; or

(2) Transitional employment for individuals with the 

most significant disabilities due to mental illness. 

(3) Short-term basis. For purposes of this part, an 

individual with the most significant disabilities, whose 

supported employment in an integrated setting does not 

satisfy the criteria of competitive integrated employment, 

is considered to be working on a short-term basis toward 

competitive integrated employment so long as the individual 

can reasonably anticipate achieving competitive integrated 

employment within six months of achieving an employment 

outcome of supported employment.
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(Authority: Sections 7(38) and 12(c) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 705(38) 

and 709(c))

Supported employment services means ongoing support 

services, including customized employment, and other 

appropriate services needed to support and maintain an 

individual with a most significant disability in supported 

employment that are provided by the Tribal Vocational 

Rehabilitation Unit—

(1) Singly or in combination and are organized and 

made available in such a way as to assist an eligible 

individual to achieve competitive integrated employment;

(2) Based on a determination of the needs of an 

eligible individual, as specified in an individualized plan 

for employment; 

(3) For a period of time not to exceed 24 months, 

unless under special circumstances the eligible individual 

and the rehabilitation counselor or coordinator jointly 

agree to extend the time to achieve the employment outcome 

identified in the individualized plan for employment; and

(4) Following transition, as post-employment services 

that are unavailable from an extended services provider and 

that are necessary to maintain or regain the job placement 

or advance in employment.
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(Authority: Sections 7(39) and 12(c) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 705(39) 

and 709(c))

Transition services means a coordinated set of 

activities for an individual with a disability designed 

within an outcome-oriented process that promotes movement 

from school to post-school activities, including 

postsecondary education, vocational training, integrated 

employment (including supported employment), continuing and 

adult education, adult services, independent living, or 

community participation. The coordinated set of activities 

must be based upon the individual student's needs, taking 

into account the student's preferences and interests, and 

must include instruction, community experiences, the 

development of employment and other post-school adult 

living objectives, and, if appropriate, acquisition of 

daily living skills and functional vocational evaluation. 

Transition services must promote or facilitate the 

achievement of the employment outcome identified in the 

student's individualized plan for employment.

(Authority: Sections 12(c), 103(a)(15), and (b)(7) of 

the Rehabilitation Act of 1973, as amended; 29 U.S.C. 

709(c), 723(a)(15), and (b)(7))
29

Transportation means travel and related expenses that 

are necessary to enable an applicant or eligible individual 

to participate in a vocational rehabilitation service, 

including expenses for training in the use of public 

transportation vehicles and systems.

(Authority: Sections 12(c) and 103(a)(8) of the 

Rehabilitation Act of 1973, as amended, 29 U.S.C. 709(c) 

and 723(a)(8))

Tribal organization means the recognized governing 

body of any Indian tribe or any legally established 

organization of Indians which is controlled, sanctioned, or 

chartered by such governing body or which is democratically 

elected by the adult members of the Indian community to be 

served by such organization and which includes the maximum 

participation of Indians in all phases of its activities.

(Authority: Sections 7(19) and 12(c) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 705(19) 

and 709(c); Section 4 of the Indian Self-Determination and 

Education Assistance Act, 25 U.S.C. 450(b))

Tribal Vocational Rehabilitation program means the 

unit designated by the governing bodies of an Indian Tribe, 

or consortia of governing bodies, to implement and 

administer the grant under this program in accordance with 
30

the purpose of the grant and all applicable programmatic 

and fiscal requirements.

(Authority: Sections 12(c) and 121(b)(1) of the 

Rehabilitation Act of 1973, as amended, 29 U.S.C. 709(c) 

and 741(b)(1))

Vocational Rehabilitation Services for Individuals

means any services described in an individualized plan for 

employment necessary to assist an individual with a 

disability in preparing for, securing, retaining, advancing 

in or regaining an employment outcome that is consistent 

with the unique strengths, resources, priorities, concerns, 

abilities, capabilities, interests, and informed choice of 

the individual, including, but not limited to -

(1) An assessment for determining eligibility and 

vocational rehabilitation needs by qualified personnel, 

including, if appropriate, an assessment by personnel 

skilled in rehabilitation technology. 

(2) Vocational rehabilitation counseling and 

guidance, including information and support services to 

assist an individual in exercising informed choice.

(3) Referral and other services necessary to assist 

applicants and eligible individuals to secure needed 

services from other agencies and to advise those 
31

individuals about client assistance programs established 

under 34 CFR part 370.

(4) Physical and mental restoration services, to the 

extent that financial support is not readily available from 

a source other than the Tribal Vocational Rehabilitation 

unit (such as through health insurance or a comparable 

service or benefit.

(5) Vocational and other training services, including 

personal and vocational adjustment training, advanced 

training in science, technology, engineering, or 

mathematics (including computer science) field, medicine, 

law or business; books, tools, and other training 

materials, except that no training or training services in 

an institution of higher education (universities, colleges, 

community or junior colleges, vocational schools, technical 

institutes, or hospital schools of nursing) may be paid for 

with funds under this part unless maximum efforts have been 

made by the Tribal Vocational Rehabilitation unit and the 

individual to secure grant assistance in whole or in part 

from other sources to pay for that training.

(6) Maintenance.

(7) Transportation in connection with the rendering 

of any vocational rehabilitation service. 
32

(8) Vocational rehabilitation services to family 

members of an applicant or eligible individual if necessary 

to enable the applicant or eligible individual to achieve 

an employment outcome.

(9) Interpreter services, including sign language and 

oral interpreter services, for individuals who are deaf or 

hard of hearing and tactile interpreting services for 

individuals who are deaf-blind provided by qualified 

personnel.

(10) Reader services, rehabilitation teaching 

services, and orientation and mobility services for 

individuals who are blind.

(11) Job-related services, including job search and 

placement assistance, job retention services, follow-up 

services, and follow-along services.

(12) Supported employment services. 

(13) Personal assistance services.

(14) Post-employment services.

(15) Occupational licenses, tools, equipment, initial 

stocks, and supplies.

(16) Rehabilitation technology, including vehicular 

modification, telecommunications, sensory, and other 

technological aids and devices.
33

(17) Transition services for students with 

disabilities that facilitate the transition from school to 

postsecondary life, such as achievement of an employment 

outcome in competitive integrated employment.

(18) Technical assistance and other consultation 

services to conduct market analyses, develop business 

plans, and otherwise provide resources to eligible 

individuals who are pursuing self-employment or 

telecommuting or establishing a small business operation as 

an employment outcome.

(19) Customized employment. 

(20) Other goods and services determined necessary 

for the individual with a disability to achieve an 

employment outcome.

Vocational Rehabilitation Services for Groups of 

Individuals provided for the benefit of groups of 

individuals with disabilities may also include the 

following:

(1) In the case of any type of small business 

operated by individuals with significant disabilities under 

the supervision of the Tribal Vocational Rehabilitation 

unit, management services and supervision provided by the 

Tribal Vocational Rehabilitation unit, along with the 

acquisition by the Tribal Vocational Rehabilitation unit of 
34

vending facilities or other equipment and initial stocks 

and supplies in accordance with the following requirements:

(i) Management services and supervision includes 

inspection, quality control, consultation, accounting, 

regulating, in-service training, and related services 

provided on a systematic basis to support and improve small 

business enterprises operated by individuals with 

significant disabilities. Management services and 

supervision may be provided throughout the operation of the 

small business enterprise.

(ii) Initial stocks and supplies include those items 

necessary to the establishment of a new business enterprise 

during the initial establishment period, which may not 

exceed 6 months.

(iii) Costs of establishing a small business 

enterprise may include operational costs during the initial 

establishment period, which may not exceed six months.

(iv) If the Tribal Vocational Rehabilitation unit 

provides for these services, it must ensure that only 

individuals with significant disabilities will be selected 

to participate in this supervised program.

(v) If the Tribal Vocational Rehabilitation unit 

provides for these services and chooses to set aside funds 

from the proceeds of the operation of the small business 
35

enterprises, the Tribal Vocational Rehabilitation unit must 

maintain a description of the methods used in setting aside 

funds and the purposes for which funds are set aside. Funds 

may be used only for small business enterprises purposes, 

and benefits that are provided to operators from set-aside 

funds must be provided on an equitable basis.

(2) The establishment, development, or improvement of 

community rehabilitation programs, including, under special 

circumstances, the construction of a facility. Such 

programs shall be used to provide services described in 

this section that promote integration into the community 

and that prepare individuals with disabilities for 

competitive integrated employment, including supported 

employment and customized employment. Examples of “special 

circumstances” include the destruction by natural disaster 

of the only available center serving an area or a Tribal 

Vocational Rehabilitation unit determination that 

construction is necessary in a rural area because no other 

public agencies or private nonprofit organizations are 

currently able to provide vocational rehabilitation 

services to individuals.

(3) The use of telecommunications systems (including 

telephone, television, video description services, 

satellite, radio, tactile-vibratory devices, and other 
36

similar systems) that have the potential for substantially 

improving vocational rehabilitation service delivery 

methods and developing appropriate programming to meet the 

particular needs of individuals with disabilities.

(4)(i) Special services to provide nonvisual access 

to information for individuals who are blind, including the 

use of telecommunications, Braille, sound recordings, or 

other appropriate media; captioned television, films, or 

video cassettes for individuals who are deaf or hard of 

hearing; tactile materials for individuals who are deafblind; and other special services that provide information 

through tactile, vibratory, auditory, and visual media.

(5) Technical assistance to businesses that are 

seeking to employ individuals with disabilities.

(6) Consultation and technical assistance services to 

assist State educational agencies and local educational 

agencies in planning for the transition of students with 

disabilities from school to postsecondary life, including 

employment.

(7) Transition services to youth with disabilities 

and students with disabilities, for which a vocational 

rehabilitation counselor works in concert with educational 

agencies, providers of job training programs, providers of 

services under the Medicaid program under title XIX of the 
37

Social Security Act (42 U.S.C. 1396 et seq.), entities 

designated by the Tribal Vocational Rehabilitation unit to 

provide services for individuals with developmental 

disabilities, centers for independent living (as defined in 

section 702 of the Act), housing and transportation 

authorities, workforce development systems, and businesses 

and employers. These specific transition services are to 

benefit a group of students with disabilities or youth with 

disabilities and are not individualized services directly 

related to an IPE goal. Services may include, but are not 

limited to group tours of universities and vocational 

training programs, employer or business site visits to 

learn about career opportunities, career fairs coordinated 

with workforce development and employers to facilitate mock 

interviews and resume writing, and other general services 

applicable to groups of students with disabilities and 

youth with disabilities. 

(8) The establishment, development, or improvement of 

assistive technology demonstration, loan, reutilization, or 

financing programs in coordination with activities 

authorized under the Assistive Technology Act of 1998 (29 

U.S.C. 3001 et seq.) to promote access to assistive 

technology for individuals with disabilities and employers.
38

(9) Support (including, as appropriate, tuition) for 

advanced training in a science, technology, engineering, or 

mathematics (including computer science) field, medicine, 

law, or business, provided after an individual eligible to 

receive services under this title, demonstrates

(i) Such eligibility;

(ii) Previous completion of a bachelor’s degree 

program at an institution of higher education or scheduled 

completion of such degree program prior to matriculating in 

the program for which the individual proposes to use the 

support; and

(iii) Acceptance by a program at an institution of 

higher education in the United States that confers a 

master’s degree in a science, technology, engineering, or 

mathematics (including computer science) field, a juris 

doctor degree, a master of business administration degree, 

or a doctor of medicine degree, except that no training 

provided at an institution of higher education shall be 

paid for with funds under this program unless maximum 

efforts have been made by the Tribal Vocational 

Rehabilitation unit and the individual to secure grant 

assistance, in whole or in part, from other sources to pay 

for such training. Nothing in this paragraph shall prevent 

any Tribal Vocational Rehabilitation unit from providing 
39

similar support to individuals with disabilities pursuant 

to their approved IPEs who are eligible to receive support 

under this program and who are not served under this 

paragraph.

(Authority: Sections 12(c) and 103(a) and (b) of the 

Rehabilitation Act of 1973, as amended, 29 U.S.C. 709(c) 

and 723(a) and (b))

Subpart B -- Training And Technical Assistance

§371.10 What are the requirements for funding training and 

technical assistance under this chapter?

The Secretary shall first reserve not less than 1.8 

percent and not more than 2 percent of funds appropriated 

and made available to carry out this program to provide 

training and technical assistance to the governing bodies 

of Indian tribes and consortia of those governing bodies 

awarded a grant under this program. 

(Authority: Sections 12(c) and Section 121(c) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(c))

§371.11 How does the Secretary use these funds to provide 

training and technical assistance?
40

(a) The Secretary uses these funds to make grants to, 

or enter into contracts or other cooperative agreements 

with, entities that have staff with experience in the 

operation of vocational rehabilitation services programs 

under this part. 

(b) An entity receiving assistance in accordance with 

paragraph (a) of this section shall provide training and 

technical assistance with respect to developing, 

conducting, administering, and evaluating tribal vocational 

rehabilitation programs funded under this part.

(Authority: Sections 12(c) and Section 121(c) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(c))

§371.12 How does the Secretary make an award?

(a) To be eligible to receive a grant or enter into a 

contract or cooperative agreement under section 121(c) of 

the Act and this subpart, an applicant shall submit an 

application to the Secretary at such time, in such manner, 

and containing a proposal to provide such training and 

technical assistance, and any additional information as the 

Secretary may require. 

(b) The Secretary shall provide for peer review of 

applications by panels that include persons who are not

Federal or State government employees and who have 
41

experience in the operation of vocational rehabilitation 

services programs under this part. 

(Authority: Sections 12(c) and Section 121(c) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(c))

§371.13 How does the Secretary determine funding 

priorities?

The Secretary shall conduct a survey of the governing 

bodies of Indian tribes funded under this part regarding 

training and technical assistance needs in order to 

determine funding priorities for such training and 

technical assistance.

(Authority: Sections 12(c) and Section 121(c) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(c))

§371.14 How does the Secretary evaluate an application?

(a) The Secretary evaluates each application for a 

grant, cooperative agreement or contract under this 

subpart on the basis of the selection criteria chosen from 

the general selection criteria found in EDGAR regulations 

at 34 CFR 75.210. 

(b) The Secretary may award a competitive preference 

consistent with 34 CFR 75.102(c)(2) to applications that 

include as project personnel in a substantive role, 
42

individuals that have been employed as a project director 

or VR counselor by a Tribal Vocational Rehabilitation unit 

funded under this part.

(c) If the Secretary uses a contract to award funds 

under this subpart, the application process will be 

conducted and the subsequent award will be made in 

accordance with 34 CFR part 75.

(Authority: Sections 12(c) and Section 121(c) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(c))

Subpart C -- How Does One Apply For A Grant?

§371.20 What are the application procedures for this 

program?

(a) In the development of an application, the 

applicant is required to consult with the designated State 

unit (DSU) for the state vocational rehabilitation program 

in the State or States in which vocational rehabilitation 

services are to be provided.

(b) The procedures for the review and comment by the 

DSU or the DSUs of the State or States in which vocational 

rehabilitation services are to be provided on applications 

submitted from within the State that the DSU or DSUs serve 

are in 34 CFR 75.155 – 75.159.
43

(Authority: Sections 12(c) and 121(b)(1)(C) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(b)(1)(C))

§371.21 What are the special application requirements 

related to the projects funded under this part?

Each applicant under this program must provide 

evidence that -

(a) Effort will be made to provide a broad scope of 

vocational rehabilitation services in a manner and at a 

level of quality at least comparable to those services 

provided by the designated State unit.

(Authority: Sections 12(c) and 121(b)(1)(B) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(b)(1)(B))

(b) All decisions affecting eligibility for 

vocational rehabilitation services, the nature and scope of 

available vocational rehabilitation services and the 

provision of such services will be made by a representative 

of the tribal vocational rehabilitation program funded 

through this grant and such decisions will not be delegated 

to another agency or individual.

(Authority: Sections 12(c) and 121(b)(1)(D) of the

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(b)(1)(D))
44

(c) Priority in the delivery of vocational 

rehabilitation services will be given to those American 

Indians with disabilities who are the most significantly

disabled.

(Authority: Sections 12(c) and 101(a)(5) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 721(a)(5))

(d) An order of selection of individuals with 

disabilities to be served under the program will be 

specified if services cannot be provided to all eligible 

American Indians with disabilities who apply.

(Authority: Sections 12(c) and 101(a)(5) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709 (c) 

and 721(a)(5))

(e) All vocational rehabilitation services will be 

provided according to an individualized plan for employment 

which has been developed jointly by the representative of 

the tribal vocational rehabilitation program and each 

American Indian with disabilities being served.

(Authority: Sections 12(c) and 101(a)(9) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 721 (a)(9))

(f) American Indians with disabilities living on or 

near Federal or State reservations where tribal vocational 
45

rehabilitation service programs are being carried out under 

this part will have an opportunity to participate in 

matters of general policy development and implementation 

affecting vocational rehabilitation service delivery by the 

tribal vocational rehabilitation program.

(Authority: Sections 12(c) and 101(a)(16) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 721(a)(16))

(g) Cooperative working arrangements will be 

developed with the DSU, or DSUs, as appropriate, which are 

providing vocational rehabilitation services to other 

individuals with disabilities who reside in the State or 

States being served.

(Authority: Sections 12(c) and 101(a)(11)(F) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 721(a)(11)(F))

(h) Any comparable services and benefits available to 

American Indians with disabilities under any other program,

which might meet in whole or in part the cost of any 

vocational rehabilitation service, will be fully considered 

in the provision of vocational rehabilitation services.

(Authority: Sections 12(c) and 101(a)(8) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 721(a)(8))
46

(i) Any American Indian with disabilities who is an 

applicant or recipient of services, and who is dissatisfied 

with a determination made by a representative of the tribal 

vocational rehabilitation program and files a request for a 

review, will be afforded a review under procedures 

developed by the grantee comparable to those under the 

provisions of section 102(c)(1)-(5) and (7) of the Act.

(Authority: Sections 12(c) and 102(c) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 722(c)(1)-(5) and (7))

(j) The tribal vocational rehabilitation program 

funded under this part must assure that any facility used 

in connection with the delivery of vocational 

rehabilitation services meets program accessibility 

requirements consistent with the requirements, as 

applicable, of the Architectural Barriers Act of 1968, the 

Americans with Disabilities Act of 1990, section 504 of the 

Act, and the regulations implementing these laws.

(Authority: Sections 12(c) and 101(a)(6)(C) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 721(a)(6)(C))

(k) The tribal vocational rehabilitation program 

funded under this part must ensure that providers of 

vocational rehabilitation services are able to communicate 
47

in the native language of, or by using an appropriate mode 

of communication with, applicants and eligible individuals 

who have limited English speaking ability, unless it is 

clearly not feasible to do so.

(Authority: Sections 12(c) and 101(a)(6)(A) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 721(a)(6)(A))

Subpart D -- How Does The Secretary Make A Grant?

§371.31 How are grants awarded?

To the extent that funds have been appropriated under 

this program, the Secretary approves all applications which 

meet acceptable standards of program quality. If any 

application is not approved because of deficiencies in 

proposed program standards, the Secretary provides 

technical assistance to the applicant Indian tribe with respect to any areas of the proposal which were judged to be 

deficient.

(Authority: Sections 12(c) and 121(b)(1)(A) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(b)(1)(A))

§371.32 What other factors does the Secretary consider in 

reviewing an application?

In addition to the selection criteria used in 

accordance with the procedures in 34 CFR part 75, the 
48

Secretary, in making an award under this program, considers 

the past performance of the applicant in carrying out 

similar activities under previously awarded grants, as 

indicated by such factors as compliance with grant 

conditions, soundness of programmatic and financial 

management practices and attainment of established project 

objectives.

(Authority: Sections 12(c) and 121(b)(1)(A) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(b)(1)(A))

Subpart E -- What Conditions Apply To A Grantee Under This 

Program?

§371.40 What are the matching requirements?

(a) Federal share Except as provided in paragraph 

(c) of this section, the Federal share may not be more than 

90 percent of the total cost of the project.

(b) Non-Federal share The non-Federal share of the 

cost of the project may be in cash or in kind, fairly 

valued pursuant to match requirements in 2 CFR 200.306.

(c) Waiver of non-Federal share In order to carry 

out the purposes of the program, the Secretary may waive 

the non-Federal share requirement, in part or in whole, 

only if the applicant demonstrates that it does not have 
49

sufficient resources to contribute the non-Federal share of 

the cost of the project.

(Authority: Sections 12(c) and 121(a) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(a))

§371.41 What are allowable costs?

(a) In addition to those allowable cost established

in 2 CFR 200.400 – 200.475, the following items are 

allowable costs under this program --

(1) Expenditures for the provision of vocational 

rehabilitation services and for the administration, 

including staff development, of a program of vocational 

rehabilitation services.

(2) Expenditures for services reflecting the cultural 

background of the American Indians being served, including 

treatment provided by native healing practitioners who are 

recognized as such by the tribal vocational rehabilitation 

program when the services are necessary to assist an 

individual with disabilities to achieve his or her 

vocational rehabilitation objective.

(b) Expenditures may not be made under this program 

to cover the costs of providing vocational rehabilitation 

services to individuals with disabilities not residing on 

or near Federal or State reservations.
50

(Authority: Sections 12(c) and 121(a) and (b)(1) of 

the Rehabilitation Act of 1973, as amended; 29 U.S.C. 

709(c) and 741(a) and (b)(1))

§371.42 How are services to be administered under this 

program?

(a) Directly or by contract. A grantee under this 

part may provide the vocational rehabilitation services 

directly or it may contract or otherwise enter into an 

agreement with a DSU, a community rehabilitation program, 

or another agency to assist in the implementation of the 

tribal vocational rehabilitation program.

(b) Inter-tribal agreement. A grantee under this 

part may enter into an inter-tribal arrangement with 

governing bodies of other Indian tribes for carrying out a 

project that serves more than one Indian tribe.

(c) Comparable services. To the maximum extent 

feasible, services provided by a grantee under this part 

must be comparable to vocational rehabilitation services

provided under the State vocational rehabilitation program

to other individuals with disabilities residing in the 

State.

(Authority: Sections 12(c) and 121(b)(1)(B) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(b)(1)(B))
51

§371.43 What other special conditions apply to this 

program?

(a) Any American Indian with disabilities who is 

eligible for services under this program but who wishes to 

be provided services by the DSU must be referred to the DSU

for such services.

(Authority: Sec. 12(c) and 121(b)(3) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(b)(3))

(b) Preference in employment in connection with the 

provision of vocational rehabilitation services under this 

section must be given to American Indians, with a special 

priority being given to American Indians with disabilities.

(Authority: Sections 12(c) and 121(b)(2) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(b)(2))

(c) The provisions of sections 5, 6, 7, and 102(a) of 

the Indian Self-Determination and Education Assistance Act 

also apply under this program (25 U.S.C. 450c, 450d, 450e, 

and 450f(a)). These provisions relate to grant reporting 

and audit requirements, maintenance of records, access to 

records, availability of required reports and information 

to Indian people served or represented, repayment of 

unexpended Federal funds, criminal activities involving 
52

grants, penalties, wage and labor standards, preference 

requirements for American Indians in the conduct and 

administration of the grant, and requirements affecting requests of tribal organizations to enter into contracts. 

For purposes of applying these requirements to this 

program, the Secretary carries out those responsibilities 

assigned to the Secretary of Interior.

(Authority: Sec. 12(c) and 121(b)(2) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C 709(c) and 

741(b)(2))

(d) The Tribal Vocational Rehabilitation unit must 

develop and maintain written policies regarding the 

provision of vocational rehabilitation services that ensure 

that the provision of services is based on the vocational 

rehabilitation needs of each individual as identified in 

that individual's IPE and is consistent with the 

individual's informed choice. The written policies may not 

establish any arbitrary limits on the nature and scope of 

vocational rehabilitation services to be provided to the 

individual to achieve an employment outcome. The policies 

must be developed in accordance with the following 

provisions:

(1) Off-reservation services. (i) The Tribal 

Vocational Rehabilitation unit may establish a preference 
53

for on- or near-reservation services, provided that the 

preference does not effectively deny an individual a 

necessary service. If the individual chooses an equivalent 

off-reservation service at a higher cost than an available 

in-State service, the Tribal Vocational Rehabilitation unit 

is not responsible for those costs in excess of the cost of 

the on- or near-reservation service, if either service 

would meet the individual's rehabilitation needs. 

(ii) The Tribal Vocational Rehabilitation unit may 

not establish policies that effectively prohibit the 

provision of off-reservation services.

(2) Payment for services (i) The Tribal Vocational 

Rehabilitation unit must establish and maintain written 

policies to govern the rates of payment for all purchased 

vocational rehabilitation services.

(ii) The Tribal Vocational Rehabilitation unit may 

establish a fee schedule designed to ensure the program 

pays a reasonable cost for each service, as long as the fee 

schedule --

(A) Is not so low as effectively to deny an 

individual a necessary service; and

(B) permits exceptions so that individual needs can 

be addressed.
54

(C) The Tribal Vocational Rehabilitation unit may not 

place absolute dollar limits on the amount it will pay for 

specific service categories or on the total services 

provided to an individual.

(3) Duration of services (i) The Tribal Vocational 

Rehabilitation unit may establish reasonable time periods 

for the provision of services provided that the time 

periods --

(A) Are not so short as effectively to deny an 

individual a necessary service; and

(B) Permit exceptions so that individual needs can be 

addressed.

(ii) The Tribal Vocational Rehabilitation unit may 

not place time limits on the provision of specific services 

or on the provision of services to an individual. The 

duration of each service needed by an individual must be 

determined on the basis of that individual’s needs and 

reflected in that individual's individualized plan for 

employment.

(4) Authorization of services The Tribal Vocational 

Rehabilitation unit must establish policies related to the 

timely authorization of services.
55

(Authority: Sections 12(c) and 121(b) of the 

Rehabilitation Act of 1973, as amended, 29 U.S.C. 709(c) 

and 741(b))

(e) Informed choice. Each individual who is an 

applicant for or eligible to receive vocational 

rehabilitation services must be afforded the opportunity to 

exercise informed choice throughout the vocational 

rehabilitation process carried out under programs funded 

under this part. The Tribal Vocational Rehabilitation unit 

must develop and maintain written policies and procedures 

that require it -

(1) To inform each applicant and eligible individual, 

through appropriate modes of communication, about the 

availability of, and opportunities to exercise, informed 

choice, including the availability of support services for 

individuals with cognitive or other disabilities who 

require assistance in exercising informed choice, 

throughout the vocational rehabilitation process;

(2) To assist applicants and eligible individuals in 

exercising informed choice in decisions related to the 

provision of assessment services;

(3) To develop and implement flexible procurement 

policies and methods that facilitate the provision of 

vocational rehabilitation services, and that afford 
56

eligible individuals meaningful choices among the methods 

used to procure vocational rehabilitation services;

(4) To provide or assist eligible individuals in 

acquiring information that enables them to exercise 

informed choice in the development of their IPEs and 

selection of—

(i) The employment outcome;

(ii) The specific vocational rehabilitation services 

needed to achieve the employment outcome;

(iii) The entity that will provide the services;

(iv) The employment setting and the settings in which 

the services will be provided; and

(v) The methods available for procuring the services; 

and

(5) To ensure that the availability and scope of 

informed choice is consistent with the obligations of the 

Tribal Vocational Rehabilitation unit.

(6) Information and assistance in the selection of 

vocational rehabilitation services and service providers. 

In assisting an applicant and eligible individual in 

exercising informed choice during the assessment for 

determining eligibility and vocational rehabilitation needs 

and during development of the IPE, the designated State 

unit must provide the individual or the individual's 
57

representative, or assist the individual or the 

individual's representative in acquiring, information 

necessary to make an informed choice about the specific 

vocational rehabilitation services, including the providers 

of those services, that are needed to achieve the 

individual's employment outcome. This information must 

include, at a minimum, information relating to the—

(i) Cost, accessibility, and duration of potential 

services;

(ii) Consumer satisfaction with those services to the 

extent that information relating to consumer satisfaction 

is available;

(iii) Qualifications of potential service providers;

(iv) Types of services offered by the potential 

providers;

(v) Degree to which services are provided in 

integrated settings; and

(vi) Outcomes achieved by individuals working with 

service providers, to the extent that such information is 

available.

(7) Methods or sources of information. In providing 

or assisting the individual or the individual's 

representative in acquiring the information required under 

paragraph (c) of this section, the State unit may use, but 
58

is not limited to, the following methods or sources of 

information:

(i) Lists of services and service providers.

(ii) Periodic consumer satisfaction surveys and 

reports.

(iii) Referrals to other consumers, consumer groups, 

or disability advisory councils qualified to discuss the 

services or service providers.

(iv) Relevant accreditation, certification, or other 

information relating to the qualifications of service 

providers.

(v) Opportunities for individuals to visit or 

experience various work and service provider settings.

(Approved by the Office of Management and Budget under 

control number 1820-0500)

(Authority: Sections 12(c), 102(b)(2)(B), and 102(d) 

of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 

709(c), 722(b)(2)(B), and 722(d))

§371.44 What are the special requirements pertaining to the 

protection, use, and release of personal information?

(a) General provisions. (1) Tribal Vocational 

Rehabilitation unit must adopt and implement written 

policies and procedures to safeguard the confidentiality of 
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all personal information, including photographs and lists 

of names. These policies and procedures must ensure that—

(i) Specific safeguards are established to protect 

current and stored personal information;

(ii) All applicants and eligible individuals and, as 

appropriate, those individuals' representatives, service 

providers, cooperating agencies, and interested persons are 

informed through appropriate modes of communication of the 

confidentiality of personal information and the conditions 

for accessing and releasing this information;

(iii) All applicants or their representatives are 

informed about the Tribal Vocational Rehabilitation unit’s 

need to collect personal information and the policies 

governing its use, including—

(A) Identification of the authority under which 

information is collected;

(B) Explanation of the principal purposes for which 

the Tribal Vocational Rehabilitation unit intends to use or 

release the information;

(C) Explanation of whether providing requested 

information to the Tribal Vocational Rehabilitation unit is 

mandatory or voluntary and the effects of not providing 

requested information;
60

(D) Identification of those situations in which the 

Tribal Vocational Rehabilitation unit requires or does not 

require informed written consent of the individual before 

information may be released; and

(E) Identification of other agencies to which 

information is routinely released;

(iv) An explanation of the Tribal Vocational 

Rehabilitation unit’s policies and procedures affecting 

personal information will be provided to each individual in 

that individual's native language or through the 

appropriate mode of communication; and

(v) These policies and procedures provide no fewer 

protections for individuals than State laws and 

regulations.

(2) The Tribal Vocational Rehabilitation unit may 

establish reasonable fees to cover extraordinary costs of 

duplicating records or making extensive searches and must 

establish policies and procedures governing access to 

records.

(b) Tribal Vocational Rehabilitation Program Use. All 

personal information in the possession of the Tribal 

Vocational Rehabilitation unit must be used only for the 

purposes directly connected with the administration of the 

Tribal Vocational Rehabilitation program. Information 
61

containing identifiable personal information may not be 

shared with advisory or other bodies or other tribal 

agencies that do not have official responsibility for 

administration of the program. In the administration of the 

program, the Tribal Vocational Rehabilitation unit may 

obtain personal information from service providers and 

cooperating agencies under assurances that the information 

may not be further divulged, except as provided under 

paragraphs (c), (d), and (e) of this section.

(c) Release to applicants and eligible 

individuals. (1) Except as provided in paragraphs (c)(2) 

and (c)(3) of this section, if requested in writing by an 

applicant or eligible individual, the Tribal Vocational 

Rehabilitation unit must make all requested information in 

that individual's record of services accessible to and must 

release the information to the individual or the 

individual's representative in a timely manner.

(2) Medical, psychological, or other information that 

the Tribal Vocational Rehabilitation unit determines may be 

harmful to the individual may not be released directly to 

the individual, but must be provided to the individual 

through a third party chosen by the individual, which may 

include, among others, an advocate, a family member, or a 

qualified medical or mental health professional, unless a 
62

representative has been appointed by a court to represent 

the individual, in which case the information must be 

released to the court-appointed representative.

(3) If personal information has been obtained from 

another agency or organization, it may be released only by, 

or under the conditions established by, the other agency or 

organization.

(4) An applicant or eligible individual who believes 

that information in the individual's record of services is 

inaccurate or misleading may request that the Tribal 

Vocational Rehabilitation unit amend the information. If 

the information is not amended, the request for an 

amendment must be documented in the record of services.

(d) Release for audit, evaluation, and 

research. Personal information may be released to an 

organization, agency, or individual engaged in audit, 

evaluation, or research only for purposes directly 

connected with the administration of the tribal vocational 

rehabilitation program or for purposes that would 

significantly improve the quality of life for applicants 

and eligible individuals and only if the organization, 

agency, or individual assures that—

(1) The information will be used only for the 

purposes for which it is being provided;
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(2) The information will be released only to persons 

officially connected with the audit, evaluation, or 

research;

(3) The information will not be released to the 

involved individual;

(4) The information will be managed in a manner to 

safeguard confidentiality; and

(5) The final product will not reveal any personal 

identifying information without the informed written 

consent of the involved individual or the individual's 

representative.

(e) Release to other programs or authorities. (1) 

Upon receiving the informed written consent of the 

individual or, if appropriate, the individual's 

representative, the Tribal Vocational Rehabilitation unit 

may release personal information to another agency or 

organization for its program purposes only to the extent 

that the information may be released to the involved 

individual or the individual's representative and only to 

the extent that the other agency or organization 

demonstrates that the information requested is necessary 

for its program.

(2) Medical or psychological information that the 

Tribal Vocational Rehabilitation unit determines may be 
64

harmful to the individual may be released if the other 

agency or organization assures the Tribal Vocational 

Rehabilitation unit that the information will be used only 

for the purpose for which it is being provided and will not 

be further released to the individual.

(3) The Tribal Vocational Rehabilitation unit must 

release personal information if required by Federal law or 

regulations.

(4) The Tribal Vocational Rehabilitation unit must 

release personal information in response to investigations 

in connection with law enforcement, fraud, or abuse, unless 

expressly prohibited by Federal or State laws or 

regulations, and in response to an order issued by a judge, 

magistrate, or other authorized judicial officer.

(5) The Tribal Vocational Rehabilitation unit also 

may release personal information in order to protect the 

individual or others if the individual poses a threat to 

his or her safety or to the safety of others.

(Authority: Sections 12(c) and 121(b)(1) of the 

Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) 

and 741(b)(1))

§371.45 What notice must be given about the Client 

Assistance Program (CAP)?
65

The Tribal Vocational Rehabilitation unit shall use 

formats that are accessible to notify individuals seeking 

or receiving services under this part, or as appropriate, 

the parents, family members, guardians, advocates, or 

authorized representatives of those individuals, about--

(a) The availability of CAP authorized by section 112 

of the Act;

(b) The purposes of the services provided under the 

CAP; and 

(c) How to contact the CAP. 

(Authority: Section 20 of the Rehabilitation Act of 

1973, as amended; 29 U.S.C. 717)