[Federal Register Volume 60, Number 65 (Wednesday, April 5, 1995)]
[Rules and Regulations]
[Pages 17424-17432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8342]




[[Page 17423]]

_______________________________________________________________________

Part V





Department of Education





_______________________________________________________________________



34 CFR Part 350, et al.



National Institute on Disability Reahabilitation Research; Final Rule

Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Rules 
and regulations 
[[Page 17424]] 

DEPARTMENT OF EDUCATION

34 CFR Parts 350, 351, 352, 353, and 356

RIN 1820-AB01


National Institute on Disability Rehabilitation Research

AGENCY: Department of Education.

ACTION: Final regulations.

-----------------------------------------------------------------------

SUMMARY: The Secretary amends existing regulations for certain programs 
administered by the National Institute on Disability and Rehabilitation 
Research (NIDRR). These amendments result primarily from the 
Rehabilitation Act Amendments of 1992 (the Amendments). The regulations 
add new definitions and program activities consistent with the 
Amendments and reflect new statutory requirements.

EFFECTIVE DATE: These regulations take effect on May 5, 1995.

FOR FURTHER INFORMATION CONTACT: David Esquith, U.S. Department of 
Education, 600 Independence Avenue, SW., Mary E. Switzer Building, Room 
3424, Washington, DC 20202-2601. Telephone: (202) 205-8801. Individuals 
who use a telecommunications device for the deaf (TDD) may call the TDD 
number at (202) 205-8133.

SUPPLEMENTARY INFORMATION: These regulations primarily implement 
statutory changes made by the Rehabilitation Act Amendments of 1992 
(Pub. L. 102-569). Some of the changes conform terminology of the 
regulations with terminology in the Act, specifically in the use of 
``individual with a disability,'' ``children with disabilities,'' 
``individual with a mental disability,'' and similar phrases to replace 
phrases using the word ``handicapped,'' ``handicapped individual,'' or 
``disabled individual.''
    The regulation in Sec. 350.1 has been revised to include improving 
the cost-effectiveness of services under the Act in the list of 
purposes of the activities supported by NIDRR.
    The regulation in Sec. 350.4 includes new statutory definitions for 
many of the terms used in section 7 of the Rehabilitation Act, as 
amended (the Act), including the definitions of such key terms as 
``disability,'' ``individual with a disability,'' ``rehabilitation 
technology'' and ``rehabilitation engineering,'' and ``research 
utilization.'' The regulation further reflects new statements in the 
statute about the purpose of each of the programs and the activities 
authorized within them.
    The regulation in Sec. 350.20 describes the conditions under which 
applicants must send copies of their applications to the Vocational 
Rehabilitation agencies in their States, as required by statute. This 
provision clarifies Sections 204(c) and 306(i) of the current law and 
preexisting regulations by describing the context in which transmittal 
of these applications would be appropriate.
    The regulation in Sec. 350.21 implements section 21(b)(6) of the 
Act, which states that, where appropriate, applicants must demonstrate 
how they will address, in whole or in part, the needs of individuals 
with disabilities from minority backgrounds. If the Secretary 
determines that this requirement is not appropriate for a particular 
grant competition, the Secretary will indicate this in a notice 
announcing a priority or in the notice inviting applications. If the 
Secretary does not make this determination, but an applicant believes 
that this determination is appropriate, the applicant will indicate 
this and set forth a justification in its application. In response to 
the many inquiries that NIDRR receives from applicants seeking 
suggestions for methods to meet this requirement, the regulation 
includes a list of methods that an applicant may choose to propose.
    The regulation in Sec. 350.41 implements section 20 of the Act, 
which requires all projects that provide services to individuals with 
disabilities to advise those individuals who are applicants for or 
recipients of services under the Act, or the parents, family members, 
guardians, advocates, or authorized representatives of the individuals, 
of the availability and purposes of the Client Assistance Program (CAP) 
funded under the Act, and to provide information on the means of 
seeking assistance under the CAP.
    The regulations in Secs. 352.33 and 353.33 include the new 
statutory standard 60-month grant periods for RRTCs in section 
204(b)(2)(L) and RERCs in section 204(b)(3)(E), and specify conditions 
under which awards of lesser duration are appropriate under the law.
    The regulation in Sec. 353.41 states that certain RERCs must have 
an advisory board, of which the majority of the members must be 
individuals with disabilities, their parents, family members, 
guardians, advocates, or authorized representatives. This requirement 
is based on the new statutory requirement in section 204(b)(3)(D)(ii) 
of the Act.
    The regulations support the National Education Goal that, by the 
year 2000, every adult American--including individuals with 
disabilities--will possess the skills necessary to compete in a global 
economy and exercise the rights and responsibilities of citizenship.
    On August 10, 1994, the Secretary published a notice of proposed 
rulemaking in the Federal Register (59 FR 41176).

Analysis of Comments and Changes

    In response to the Secretary's invitation in the Notice of Proposed 
Rulemaking (NPRM), 12 parties submitted comments on the proposed 
regulations. An analysis of the comments and of the changes in the 
regulations since publication of the NPRM follows.
    Major issues are grouped according to subject under appropriate 
sections of the regulations. An analysis of the comments and of the 
changes in the regulations since publication of the NPRM follows.
    Technical and other minor changes--and suggested changes that the 
Secretary is not legally authorized to make under the applicable 
statutory authority--are not addressed.

Additional Changes

    The final regulations include changes from the proposed regulations 
that reflect the Department's recently developed Principles for 
Regulating. The Principles state that the Department will regulate only 
to improve the quality of services to our customers, only when 
absolutely necessary, and then in the most flexible, equitable, and 
least burdensome way possible.
    The proposed regulations included new selection criteria addressing 
the requirement that applicants address the needs of individuals with 
disabilities from minority backgrounds. The final regulations do not 
include these new selection criteria.
    The proposed regulations for part 352 included target audiences for 
dissemination activities in the selection criteria that were not 
included in the dissemination requirements of part 352. In the final 
regulations, the selection criteria for dissemination activities 
conform to the dissemination requirements of part 352.
    The proposed regulations included a requirement that RRTCs 
disseminate information and provide technical assistance to 
administrators, policymakers, and representatives of public and private 
organizations whose activities affect the productivity, independence, 
and community integration of individuals with disabilities. The 
proposed regulations also included these groups in the selection 
criteria applicable to [[Page 17425]] dissemination and technical 
assistance. The final regulations encourage RRTCs to undertake these 
activities and do not include these groups in the selection criteria.
    The proposed regulations included advisory committee requirements 
for all RRTCs and RERCs. The final regulations, reflecting the statute, 
include advisory committee requirements for certain RERCs. The proposed 
regulations included the RERC advisory committee requirements in 
Sec. 353.40 in addition to two general requirements. Revising the 
advisory committee requirements to apply to certain RERCs necessitated 
separating the advisory committee requirements from the two general 
requirements that apply to all RERCs. In the final regulations, the two 
general requirements are contained in Sec. 353.40, and the advisory 
committee requirements are contained in Sec. 353.41.
    The proposed regulations broadened the requirements for 
Institutional Review Boards. The final regulations maintain the current 
requirements. In addition, the regulations have been amended to 
incorporate by reference portions of 34 CFR part 97 that had been 
repeated in parts 350 and 356.

Part 350--Disability and Rehabilitation Research: General Provisions

Section 350.1  What are the purposes of activities supported under the 
disability and rehabilitation research program?

    Comment: Two commenters recommended including improving cost-
effectiveness of services under the Act in the list of purposes of 
activities supported by NIDRR.
    Discussion: The Secretary agrees that improving the cost-
effectiveness of services under the Act is an important purpose for 
activities supported by NIDRR.
    Changes: Section 350.1 has been revised to include improving the 
cost-effectiveness of services under the Act in the list of purposes of 
the activities supported by NIDRR.
    Comment: Two commenters recommended that the special emphasis 
placed on individuals with disabilities from minority backgrounds 
should be broadened to include all persons who do not have equitable 
access to rehabilitation.
    Discussion: The special emphasis placed on individuals with 
disabilities from minority backgrounds is a statutory requirement 
contained in section 21 of the Act. The Secretary points out that 
applicants may propose to emphasize the needs of individuals with 
disabilities who have inequitable access to rehabilitation services. 
However, the Secretary declines to require all applicants to propose 
such an emphasis.
    Changes: None.
    Comment: Two commenters recommended that the special emphasis 
placed on individuals with disabilities from minority backgrounds 
should be broadened to include women with disabilities.
    Discussion: As indicated above, the special emphasis placed on 
individuals with disabilities from minority backgrounds is based on a 
statutory requirement. The Secretary believes that women with 
disabilities have unique needs that should be addressed in NIDRR's 
research agenda. The Secretary believes that the appropriate approach 
to addressing the unique needs of women with disabilities in NIDRR's 
research agenda is through the issuance of absolute priorities on 
specific issues.
    Changes: None.
    Comment: One commenter recommended adding that one of the purposes 
of NIDRR's activities is to ensure that consumers are able to make 
informed choices regarding their employment outcomes.
    Discussion: The Secretary points out that Sec. 350.1(a)(1) states, 
in part, that one of the purposes of NIDRR's research is to address 
rehabilitation problems such as physical restoration, vocational 
rehabilitation, independent living, and community integration. The 
Secretary believes that research addressing the ability to make 
personal decisions related to employment is included in the purpose set 
forth in Sec. 350.1(a)(1). The Secretary does not believe any further 
clarification is necessary.
    Changes: None.
    Comment: One commenter recommended requiring applicants to address 
one or more of the approaches that are set forth in Sec. 350.21 as 
examples of what an applicant may do to meet this section's 
requirements to demonstrate how the project will address, in whole or 
in part, the needs of individuals with disabilities from minority 
backgrounds.
    Discussion: The Secretary does not intend for the approaches set 
forth in Sec. 350.21 to be exhaustive. The Secretary recognizes that 
there are activities not included in this section that meet the 
requirements of the law. The Secretary believes that applicants should 
have the discretion to propose other activities that meet these 
requirements.
    Changes: None.

Section 350.3  What regulations apply to these programs?

    Comment: One commenter recommended revising the part of 
Sec. 350.3(d)(2) that requires an IRB that regularly reviews another 
vulnerable category of subjects such as children who do not have 
disabilities, prisoners, pregnant women, or adults with disabilities to 
consider including one or more individuals who are knowledgeable about 
the experience in working with these subjects. The commenter 
recommended mandating the inclusion of such an individual.
    Discussion: The IRB requirements that apply to many of the 
Department's programs are contained in 34 CFR part 97, which is 
incorporated by reference in part 350. These regulations are currently 
under review. If changes are made to the IRB requirements, the 
Secretary prefers to make them in part 97. The commenter's 
recommendation will be considered as part of the Department's review of 
the IRB requirements in part 97.
    Changes: While no changes have been made to the IRB requirements as 
a result of the comment, as indicated previously, the regulations 
include a technical revision that incorporates by reference portions of 
part 97 that have been repeated in parts 350 and 356.

Part 351--Disability and Rehabilitation Research: Research and 
Demonstration Projects

Section 351.1  What is the research and demonstration projects program?

    Comment: One commenter recommended adding ``respite'' to the term 
``family support'' in this section.
    Discussion: The Secretary recognizes that respite is an important 
part of family support. However, respite is one of many aspects of 
family support. The Secretary declines to list all of the aspects of 
this, or other terms, in this section.
    Changes: None.

Section 351.10  What types of projects are authorized under this 
program?

    Comment: One commenter recommended substituting a term such as 
``homebased'' for ``homebound'' because the latter term has negative 
connotations.
    Discussion: The Secretary recognizes the pejorative connotation of 
the term ``homebound.'' However, the term ``homebound'' appears in the 
1992 amendments to the Rehabilitation Act.
    Changes: None. [[Page 17426]] 

Part 352--Disability and Rehabilitation Research: Rehabilitation 
Research and Training Centers

Section 352.41  What is the advisory committee requirement for a 
grantee under this program?

    Comment: One commenter recommended revising the regulations to 
encourage applicants to include persons with disabilities from minority 
backgrounds on advisory councils, where applicable.
    Discussion: The Secretary believes that the regulations clearly 
encourage applicants to involve persons with disabilities from minority 
backgrounds in all phases of their activities. The Secretary does not 
believe any further encouragement is necessary.
    Changes: None.

Part 353--Disability and Rehabilitation Research: Rehabilitation 
Engineering Research Centers

Section 353.10  What types of activities are authorized under this 
program?

    Comment: One commenter pointed out that the word ``medical'' does 
not appear in this section and recommended including medical sciences 
research among the types of authorized activities.
    Discussion: The Secretary points out that Sec. 353.10 is taken 
directly from the 1992 amendments to the Rehabilitation Act. The 
Secretary recognizes that medical sciences research frequently is 
involved in the development of devices and services to improve 
functioning and independence. The Secretary does not believe that any 
revision is necessary.
    Changes: None.

Executive Order 12866

    These final regulations have been reviewed in accordance with 
Executive Order 12866. Under the terms of the order the Secretary has 
assessed the potential costs and benefits of this regulatory action.
    The potential costs associated with the regulations are those 
resulting from statutory requirements and those determined to be 
necessary for administering this program effectively and efficiently.
    In assessing the potential costs and benefits--both quantitative 
and qualitative--of the regulations, the Secretary has determined that 
the benefits of the regulations justify the costs.
    The Secretary has also determined that this regulatory action does 
not unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.

Regulatory Flexibility Act Certification

    The Secretary certifies that these final regulations will not have 
a significant economic impact on a substantial number of small 
entities. The small entities that would be affected by these final 
regulations are small public and private agencies applying for Federal 
funds under these programs. However, the regulations will not have a 
significant economic impact on the entities affected because the 
regulations will not impose excessive regulatory burdens or require 
unnecessary Federal supervision.

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 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

    Administrative practice and procedure, Education, Educational 
research, Grant program--education, Individuals with disabilities.

34 CFR Part 351

    Education, Educational research, Grant program--education, 
Individuals with disabilities, Intergovernmental relations, Vocational 
rehabilitation.

34 CFR Part 352

    Education, Educational research, Grant program--education, 
Individuals with disabilities, Manpower training programs, Vocational 
rehabilitation.

34 CFR Part 353

    Education, Educational research, Grant program--education, 
Individuals with disabilities, Intergovernmental relations, 
Rehabilitation engineering research, Technical assistance, Vocational 
rehabilitation.

34 CFR Part 356

    Education, Educational research, Grant program--education, 
Individuals with disabilities, Vocational rehabilitation.

    Dated: March 30, 1995.
Richard W. Riley,
Secretary of Education.

(Catalog of Federal Domestic Assistance Number 84.133, National 
Institute on Disability and Rehabilitation Research)

    The Secretary amends parts 350, 351, 352, 353, and 356 of Title 34 
of the Code of Federal Regulations as follows:

PART 350--DISABILITY AND REHABILITATION RESEARCH: GENERAL 
PROVISIONS

    1. The authority citation for part 350 continues to read as 
follows:

    Authority: 29 U.S.C. 760-762, unless otherwise noted.

    2. Section 350.1 is amended by revising the heading and paragraphs 
(a) and (b)(3) to read as follows:


Sec. 350.1  What are the purposes of activities supported under the 
disability and rehabilitation research program?

    (a) The activities funded by the Institute--
    (1) Support the conduct of research, demonstration projects, 
training, and related activities to maximize the full inclusion and 
integration into society, employment, independent living, family 
support, and economic and social self-sufficiency of individuals with 
disabilities of all ages, with particular emphasis on improving the 
effectiveness, including the cost-effectiveness, of services authorized 
under the Act;
    (2) Provide for a comprehensive and coordinated approach to the 
support and conduct of research, demonstration projects, training, and 
related activities, and to ensure that the approach is in accordance 
with the long-range plan for research developed by the Institute;
    (3) Promote the transfer of rehabilitation technology to 
individuals with disabilities through research and demonstration 
projects relating to--
    (i) The procurement process for the purchase of rehabilitation 
technology;
    (ii) The utilization of rehabilitation technology on a national 
basis; and
    (iii) Specific adaptations or customizations of products to enable 
individuals with disabilities to live more independently;
    (4) Ensure the widespread distribution to rehabilitation 
professionals, individuals with disabilities, and other interested 
parties, in usable formats, of practical scientific and technological 
information that is generated by research, demonstration projects, 
training and related activities;
    (5) Ensure the widespread dissemination to rehabilitation 
[[Page 17427]] professionals, individuals with disabilities, and other 
interested parties, in usable formats, of new knowledge about 
disabilities, including state-of-the-art practices and improvements in 
the services authorized under the Act;
    (6) Identify effective strategies that enhance the opportunities 
for individuals with disabilities to engage in productive work; and
    (7) Increase the opportunities for researchers who are individuals 
with disabilities or members of minority groups or other traditionally 
underserved populations.
    (b) * * *
    (3) Research grants for the establishment and operation of 
rehabilitation engineering research centers (34 CFR part 353).
* * * * *
    3. Section 350.2 is amended by revising the undesignated 
introductory text to read as follows:


Sec. 350.2  Who is eligible for assistance under these programs?

    The following agencies and organizations are eligible for grants or 
contracts as appropriate under these programs, except for programs 
described in 34 CFR Parts 352, 353, 356, and 360.
* * * * *
    4. Section 350.3(d) is amended by revising paragraph (d) to read as 
follows:


Sec. 350.3  What regulations apply to these programs?

* * * * *
    (d)(1) Subject to the additional requirement in paragraph (d)(2) of 
this section, 34 CFR part 97, PROTECTION OF HUMAN SUBJECTS.
    (2) When an IRB reviews research that purposefully requires 
inclusion of children with disabilities or individuals with mental 
disabilities as research subjects, the IRB must include at least one 
person primarily concerned with the welfare of these research subjects.
    5. Section 350.4 is amended by revising the definitions and 
authority citations in paragraph (b) for ``Individual with handicaps,'' 
``Individual with severe handicaps,'' ``Rehabilitation engineering,'' 
``Research utilization,'' and ``Supported employment,'' and adding new 
definitions of ``Assistive technology device,'' ``Assistive technology 
service,'' ``Disability,'' and ``Personal assistance services,'' to 
read as follows:


Sec. 350.4  What definitions apply to these programs?

* * * * *
    (b) * * *
    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: Sec. 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. The term includes--
    (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 of 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 an individual with 
disabilities, or, where appropriate, the family members, guardians, 
advocates, or authorized representatives of such an individual; 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: Sec. 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: Sec. 7(26)(B); 29 U.S.C. 706(26)(B))
* * * * *
    Individual with a disability means any individual who:
    (1) Has a physical or mental impairment that substantially limits 
one or more of such person's major life activities;
    (2) Has a record of such an impairment; or
    (3) Is regarded as having such an impairment.

(Authority: Sec.7(8)(B); 29 U.S.C. 706(8)(B))
* * * * *
    Individual with a severe disability means an individual with a 
disability--
    (1)(i) Who has a severe physical or mental impairment that 
seriously limits one or more functional capacities (such as mobility, 
communication, self-care, self-direction, 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 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: Sec. 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 or 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 or off the job.

(Authority: Sec. 7(11); 29 U.S.C. 706(11))
* * * * *
    Rehabilitation engineering means the systematic application of 
engineering sciences to design, develop, adapt, test, evaluate, apply, 
and distribute technological solutions to problems confronted by 
individuals with [[Page 17428]] disabilities in such functional areas 
as mobility, communications, hearing, vision, cognition and in 
activities associated with employment, independent living, education, 
and integration into the community.

(Authority: Sec. 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: Sec. 7(13); 29 U.S.C. 706(13))
* * * * *
    Research utilization means activities seeking to link research 
findings to practical applications in planning, policymaking, program 
administration, and service practice in the delivery of services to 
individuals with disabilities.

(Authority: Sec. 12(c); 29 U.S.C. 711(c))
* * * * *
    Supported employment means competitive work in integrated work 
settings for individuals with the most severe disabilities for whom 
competitive employment has not traditionally occurred or for whom 
competitive employment has been interrupted or intermittent as a result 
of a severe disability, and who, because of the nature and severity of 
their disability, need intensive supported employment services and 
extended services after transition in order to perform that work. The 
term includes transitional employment for persons who are individuals 
with the most severe disabilities due to mental illness.

(Authority: Sec. 7(18); 29 U.S.C. 706(18))
* * * * *
    6. Section 350.20 is revised to read as follows:


Sec. 350.20  What are the application procedures under these programs?

    An applicant for assistance under 34 CFR parts 351, 352, 353, 354, 
355, 357, 358, 359, or 360 whose application is 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, shall follow 
the requirements in EDGAR Secs. 75.155-75.159, including--
    (a) Submitting a copy of its application for comment to the State 
rehabilitation agency or agencies in the primary State or States to be 
affected by the proposed activities; and
    (b) Including in its application copies of transmittal letters to 
the appropriate State agency or agencies indicating that the necessary 
copies were transmitted on or before the due date for transmittal of 
the application to the Department.

(Approved by the Office of Management and Budget under control 
number 1820-0027)

(Authority: Secs. 204(c) and 306(i); 29 U.S.C. 762(c) and 766(a))

    7. A new Sec. 350.21 is added to read as follows:


Sec. 350.21  What is required of each applicant relative to the needs 
of individuals with disabilities from minority backgrounds?

    Unless the Secretary indicates otherwise, an applicant for 
assistance under 34 CFR parts 351, 352, 353, 354, 355, 357, 358, 359, 
or 360 must demonstrate how it will address, in whole or in part, the 
needs of individuals with disabilities from minority backgrounds. The 
approaches an applicant may take to meet this requirement, in whole or 
in part, may include one or more of the following:
    (a) Proposing project objectives concerning minorities with 
disabilities.
    (b) Demonstrating that its application addresses a problem that is 
of particular significance to individuals with disabilities from 
minority backgrounds.
    (c) Demonstrating that minority individuals will be included in 
study samples in sufficient numbers to generate information pertinent 
to minority individuals with disabilities.
    (d) Drawing study samples and program participant rosters from 
populations or areas that include individuals from minority 
backgrounds.
    (e) Providing rehabilitation services, clinical care, or training 
to minority individuals with disabilities.
    (f) 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: Secs. 12(c) and 21(b)(6); 29 U.S.C. 711(c) and 
718b(b)(6))

    8. Section 350.34 is amended by adding new paragraphs (b)(5) and 
(c)(14); removing the word ``and'' at the end of paragraphs (b)(3) and 
(c)(12); removing the period and adding, in its place,``; and'' at the 
end of paragraphs (b)(4) and (c)(13); and adding an OMB control number 
following the section to read as follows:


Sec. 350.34  What selection criteria does the Secretary use in 
reviewing applications under parts 351, 354, or 355?

* * * * *
    (b) * * *
    (5) There is likely to be widespread dissemination of the results, 
in a usable and effective manner, to all appropriate target 
populations, including individuals with disabilities and their family 
members.
    (c) * * *
    (14) The materials to be used in the project and the materials to 
be disseminated are likely to be in formats that are accessible to the 
appropriate populations.
* * * * *
(Approved by the Office of Management and Budget under control 
number 1820-0027)

    9. Section 350.40 is amended by revising paragraph (b)(1)(iii) to 
read as follows:


Sec. 350.40  What are the matching requirements?

* * * * *
    (b)(1) * * *
    (iii) Research projects concerned with end-stage renal disease, 
telecommunications, rehabilitation of children with disabilities and 
older individuals with disabilities, (including American Indians), 
attracting and retaining rehabilitation professionals in rural areas, 
producing and distributing captioned video cassettes to individuals who 
are deaf, and innovative methods for providing services for children 
with disabilities and their parents.
* * * * *
    10. A new Sec. 350.41 is added to read as follows:


Sec. 350.41  What are the requirements of a grantee relative to the 
Client Assistance Program?

    All projects that provide services to individuals with disabilities 
with funds awarded under these programs must advise those individuals 
who are applicants for or recipients of services under the Act, or the 
parents, family members, guardians, advocates, or authorized 
representatives of the individuals, of the availability and purposes of 
the Client Assistance Program (CAP) funded under the Act, and must 
provide information on the means of seeking assistance under the CAP.

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

PART 351--DISABILITY AND REHABILITATION RESEARCH: RESEARCH AND 
DEMONSTRATION PROJECTS

    11. The authority citation for part 351 continues to read as 
follows:

    [[Page 17429]] Authority: 29 U.S.C. 760-762, unless otherwise 
noted.
    12. Section 351.1 is revised to read as follows:


Sec. 351.1  What is the research and demonstration projects program?

    This program is designed to support--
    (a) Discrete research, demonstration, training, and related 
projects to develop methods, procedures, and technology that maximize 
the full inclusion and integration into society, independent living, 
employment, family support, and economic and social self-sufficiency of 
individuals with disabilities, especially those with the most severe 
disabilities; and
    (b) Discrete research, demonstration, and training projects that 
specifically address the implementation of Titles I, III, VI, VII, and 
VIII of the Act, with emphasis on projects to improve the effectiveness 
of these programs and to meet the needs described in State Plans 
submitted to the Rehabilitation Services Administration by State 
vocational rehabilitation agencies.

(Authority: Sec. 204(a); 29 U.S.C. 761 and 762)

    13. Section 351.10 is amended by revising paragraphs (a) and (b)(3) 
through (7) and (9); adding a new paragraph (b)(10); and revising the 
authority citation to read as follows:


Sec. 351.10  What types of projects are authorized under this program?

* * * * *
    (a)(1) Studies and analyses of medical rehabilitation and 
restorative techniques, rehabilitation techniques or services, 
industrial, vocational, social, recreational, psychiatric, 
psychological, economic, and other factors affecting rehabilitation of 
individuals with disabilities;
    (2) Studies and analyses of special problems of individuals who are 
homebound and individuals who are institutionalized;
    (3) Studies, analyses, and demonstrations of architectural and 
engineering design--including universal design--adapted to meet the 
special needs of individuals with disabilities;
    (4) Studies, analyses, and other activities related to supported 
employment; and
    (5) Related activities that hold promise of increasing knowledge 
and improving the rehabilitation of individuals with disabilities, 
particularly those with the most severe disabilities and those who are 
members of populations that are unserved or underserved by programs 
under this Act.
    (b) * * *
    (3) International research, demonstration, training, and technical 
assistance projects, and exchange of experts;
    (4) Joint projects with other Federal agencies and private industry 
in areas of joint interest involving rehabilitation;
    (5) Research related to the rehabilitation of children or older 
individuals with disabilities, including older American Indian 
individuals with disabilities;
    (6) Projects to develop and demonstrate innovative methods to 
attract and retain professionals to serve in rural areas in the 
rehabilitation of individuals with disabilities, including individuals 
with severe disabilities;
    (7) Research and demonstration projects on the provision of 
services for children through the age of five with disabilities;
* * * * *
    (9) Research concerning the use of existing telecommunication 
systems to improve services to individuals with disabilities; and
    (10) Demonstration projects to provide incentives for the 
development, manufacture, and marketing of orphan technological devices 
to enable individuals with disabilities to achieve independence and 
access to gainful employment.

(Authority: Secs. 202(b)(8), 204(a), and 204(b)(4)-(10), (12), (15), 
and (16); 29 U.S.C. 761a(b)(8), 762(a), and 762(b)(4)-(10), (12), 
(15), and (16))

PART 352--DISABILITY AND REHABILITATION RESEARCH: REHABILITATION 
RESEARCH AND TRAINING CENTERS

    14. The authority citation for Part 352 continues to read as 
follows:

    Authority: 29 U.S.C. 760-762, unless otherwise noted.

    15. Section 352.1 is revised to read as follows:


Sec. 352.1  What is the Rehabilitation Research and Training Centers 
program?

    This program supports Rehabilitation Research and Training Centers 
for the purpose of--
    (a) Conducting coordinated and advanced programs of research on 
disability and rehabilitation that will produce new knowledge that will 
improve rehabilitation methods and service delivery systems, alleviate 
or stabilize disabling conditions, and promote maximum social and 
economic independence for individuals with disabilities;
    (b) Providing training to service providers at the preservice, 
inservice, undergraduate, and graduate levels, to improve the quality 
and effectiveness of rehabilitation services;
    (c) Providing advanced research training to individuals, including 
individuals with disabilities and those from minority backgrounds, 
engaged in research on disability and rehabilitation; and
    (d) Serving as national and regional technical assistance 
resources, and providing training for service providers, individuals 
with disabilities and their families and representatives, and 
rehabilitation researchers.

(Authority: Sec. 204(b)(2); 29 U.S.C. 762(b)(2))

    16. Section 352.2 is revised to read as follows:


Sec. 352.2  Who is eligible for assistance under this program?

    Under this program, awards may be made to public and private 
organizations, including institutions of higher education and Indian 
tribes or tribal organizations, that--
    (a) Are of sufficient size, scope and quality to carry out 
effectively the activities in an efficient manner consistent with 
appropriate State and Federal law;
    (b) Demonstrate the ability to carry out the training activities, 
either directly or through another entity that can provide that 
training; and
    (c) Demonstrate that the Center will be operated in collaboration 
with an institution of higher education or provider of rehabilitation 
or other appropriate services.

(Authority: Secs. 204(a) and 204(b)(2)(A)(i) and (K); 29 U.S.C. 
762(a) and 762(b)(2)(A)(i) and (K))

    17. Section 352.10 is revised to read as follows:


Sec. 352.10  What activities are authorized under this program?

    (a) Rehabilitation Research and Training Centers shall conduct 
research activities, which must be accessible to and usable by 
individuals with disabilities, that may include the following:
    (1) Basic or applied medical rehabilitation research.
    (2) Research regarding the psychological and social aspects of 
rehabilitation.
    (3) Research regarding disability policy.
    (4) Research related to vocational rehabilitation.
    (5) Research that promotes the social, emotional, functional, and 
educational growth of children who have disabilities.
    (6) Research to develop and evaluate interventions, policies, and 
services that [[Page 17430]] support families of children and adults 
who have disabilities.
    (7) Research that will support the improvement of services and 
policies to foster the productivity, independence, and social 
integration of individuals with disabilities of all types, to live in 
their communities.
    (b) Rehabilitation Research and Training Centers shall conduct 
training activities, which must be accessible to and usable by 
individuals with disabilities, that may include the following:
    (1) Training of students preparing to be rehabilitation personnel.
    (2) Training at the preservice, inservice, and graduate levels to 
assist individuals to provide rehabilitation services more effectively.
    (3) Training at graduate, preservice, and inservice levels for 
rehabilitation research personnel.
    (4) In-service training for individuals with disabilities and their 
family members, guardians, advocates, or authorized representatives.
    (5) Faculty support for teaching rehabilitation-related courses of 
study for credit and other courses offered by the Center.
    (c) Rehabilitation Research and Training Centers shall disseminate 
information and provide technical assistance, which must be accessible 
to and usable by individuals with disabilities, through conferences, 
workshops, public education programs, inservice training programs, 
publications, and similar activities, to--
    (1) Providers of rehabilitation and other relevant services to 
individuals with disabilities;
    (2) Individuals with disabilities;
    (3) Family members of individuals with disabilities; and
    (4) Other authorized representatives, advocates, and organizations 
that provide information and support to individuals with disabilities 
and their families.
    (d) Rehabilitation Research and Training Centers may use part of 
their funds to provide services connected with their research and 
training activities to individuals with disabilities.
    (e) Rehabilitation Research and Training Centers are encouraged--
    (1) To develop practical applications for the findings of their 
research; and
    (2) To disseminate information and provide technical assistance to 
administrators, policymakers, and representatives of public and private 
organizations whose activities affect the productivity, independence, 
and community integration of individuals with disabilities.

(Authority: Sec. 204(b)(2)(A)(ii),(B)-(D), and (F)-(I); 29 U.S.C. 
762(b)(2)(A)(ii), (B)-(D), and (F)-(I))

    18. Section 352.31 revising paragraph (c)(2)(iii); adding 
(c)(2)(vi) and (vii); removing the word ``and'' at the end of paragraph 
(c)(2)(iv); removing the period, and adding in its place a semicolon at 
the end of paragraph (c)(2)(v); republishing the OMB control number; 
and revising the authority citation to read as follows:


Sec. 352.31  What selection criteria are used under this program?

* * * * *
    (c) * * *
    (2) * * *
    (iii) Training packages that make research results available to 
service providers, researchers, educators, individuals with 
disabilities, parents, and others;
* * * * *
    (vi) Widespread dissemination of findings and other appropriate 
materials to providers of rehabilitation and other relevant services to 
individuals with disabilities, individuals with disabilities, family 
members of individuals with disabilities, and other authorized 
representatives, advocates, and organizations that provide information 
and support to individuals with disabilities and their families; and
    (vii) Dissemination of research findings and other materials in 
appropriate formats and accessible media for use by individuals with 
various disabilities.
* * * * *
(Approved by the Office of Management and Budget under control 
number 1820-0027)

(Authority: Secs. 202(e) and 204(b)(2); 29 U.S.C. 761a(e) and 
762(b)(2))

    19. Section 352.33 is revised to read as follows:


Sec. 352.33  What is the project period of a Rehabilitation Research 
and Training Center?

    Awards are made under this program for a period of five years 
except that awards may be made for a lesser period if--
    (a) The award is made to a new recipient; or
    (b) The award supports a new research area or an innovative 
approach to a research area.

(Authority: Sec. 204(b)(2)(L); 29 U.S.C. 762(b)(2)(L))

    20. A new Sec. 352.34 is added to read as follows:


Sec. 352.34  What other factors does the Secretary consider in making 
an award under this program?

    In making an award under this program, the Secretary takes into 
consideration the location of any proposed Center and the appropriate 
geographic and regional allocation of all Centers.

(Authority: Sec. 204(b)(2)(J); 29 U.S.C. 762(b)(2)(J))

    21. The authority citation in Sec. 352.40 is revised to read as 
follows:

(Authority: Section 204(b)(2); 29 U.S.C. 762(b)(2))

    22. The heading of part 353 is revised to read as follows:

PART 353--DISABILITY AND REHABILITATION RESEARCH: REHABILITATION 
ENGINEERING RESEARCH CENTERS

    23. The authority citation for part 353 is revised to read as 
follows:

    Authority: 29 U.S.C. 762(b)(3), unless otherwise noted.

    24. Section 353.1 is revised to read as follows:


Sec. 353.1  What is the Rehabilitation Engineering Research Centers 
program?

    Rehabilitation Engineering Research Centers conduct research, 
demonstration, and training activities regarding rehabilitation 
technology--including rehabilitation engineering, assistive technology 
devices, and assistive technology services, in order to enhance the 
opportunities to better meet the needs of, and address the barriers 
confronted by, individuals with disabilities in all aspects of their 
lives.

(Authority: Sec. 204(b)(3)(A); 29 U.S.C. 762(b)(3)(A))

    25. Section 353.2 is revised to read as follows:


Sec. 353.2  Who is eligible for assistance under this program?

    A public or private entity, including an Indian tribe or tribal 
organization, is eligible to receive an award under this program if the 
entity demonstrates that the Center will be operated by, or in 
collaboration with, an institution of higher education or a nonprofit 
organization.

(Authority: Sec. 204(b)(3)(A); 29 U.S.C. 762(b)(3)(A))

    26. Section 353.10 is revised to read as follows:


Sec. 353.10  What types of activities are authorized under this 
program?

    (a) Rehabilitation Engineering Research Centers shall carry out 
[[Page 17431]] research and demonstration activities through--
    (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 the effectiveness and benefits of new 
or emerging technologies, products, or environments.
    (2) Demonstrating and disseminating--
    (i) Innovative models for the delivery to rural and urban areas of 
cost-effective rehabilitation technology services that 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; 
or
    (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 utilization of rehabilitation devices; 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, 
the Rehabilitation Engineering Research Centers shall carry out 
research, training, and information dissemination activities by--
    (1) Cooperating with programs established under the Technology-
Related Assistance for Individuals with Disabilities Act of 1988 (Pub. 
L. 100-407), and other regional and local programs, to provide 
information to individuals with disabilities and their parents, family 
members, guardians, advocates, or authorized representatives, to 
increase awareness and understanding of how rehabilitation technology 
can address their needs, and the range of options, programs, services, 
and resources available, including financing options for the technology 
and services covered by the area of focus of the Center;
    (2) Providing training to individuals, including individuals with 
disabilities, to enable them to become rehabilitation technology 
researchers and practitioners of rehabilitation technology; and
    (c) 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 area of focus of the 
Center.

(Authority: Secs. 204(b)(3); 29 U.S.C. 762(b)(3))

    27. Section 353.31 is amended by adding a new paragraph (c)(4); 
replacing the colon at the end of paragraph (b)(2)(vi) with a period; 
removing the ``and'' at the end of paragraph (c)(2)(iv); removing the 
period at the end of paragraph (c)(3) and adding, in its place ``; 
and''; republishing the OMB control number; and revising the authority 
citation to read as follows:


Sec. 353.31  What selection criteria are used under this program?

* * * * *
    (c) * * *
    (4) The plan provides for effective cooperation with appropriate 
State, local, and regional organizations and projects to provide 
information to individuals with disabilities and their family members, 
advocates, and representatives, about the potential uses and benefits, 
and resources for obtaining, rehabilitation technology.
* * * * *
(Approved by the Office of Management and Budget under control 
number 1820-0027)

(Authority: Secs. 202(e) and 204(b)(3); 29 U.S.C. 761a(e) and 
762(b)(3))

    28. A new Sec. 353.33 is added to read as follows:


Sec. 353.33  What is the project period of a Rehabilitation Engineering 
Research Center?

    Awards are made under this program for a period of five years 
except that awards may be made for a lesser period if--
    (a) The award is made to a new recipient; or
    (b) The award supports a new research area or an innovative 
approach to a research area.

(Authority: Sec. 204(b)(3)(E); 29 U.S.C. 762(b)(3)(E))

    29. A new Sec. 353.40 is added to read as follows:


Sec. 353.40  What additional requirements must be met by a grantee 
under this program?

    (a) A Rehabilitation Engineering Research Center shall cooperate 
with State rehabilitation 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, as amended.
    (b) A Rehabilitation Engineering Research Center funded under this 
program shall prepare and submit to the Secretary, either as part of an 
application for continuation of a grant or as part of a final report, a 
report that documents the short- and long-term impact of the center's 
program and program outcomes on the lives of individuals with 
disabilities, and such other information as the Secretary may request.

(Authority: Sec. 204(b)(3)(G); 29 U.S.C. 762(b)(3)(G))

    30. A new Sec. 353.41 is added to read as follows:


Sec. 353.41  What is the advisory committee requirement for a grantee 
under this program?

    A Rehabilitation Engineering Research Center that conducts research 
or demonstration activities that facilitate service delivery systems 
change shall have an advisory committee of which the majority of the 
members are individuals with disabilities who are users of 
rehabilitation technology, or the parents, family members, guardians, 
advocates, or authorized representatives of users of assistive 
technology.

(Authority: Secs. 204(b)(3)(D)(ii); 29 U.S.C. 762(b)(3)(D)(ii))

PART 356--DISABILITY AND REHABILITATION RESEARCH: RESEARCH 
FELLOWSHIPS

    31. Section 356.3(c) is amended by revising paragraph (c) to read 
as follows:


Sec. 356.3  What regulations apply to this program?

* * * * *
    (c)(1) Subject to the additional requirement in paragraph (c)(2) of 
this section, 34 CFR part 97, PROTECTION OF HUMAN SUBJECTS.
    (2) When an IRB reviews research that purposefully requires 
inclusion of children with disabilities or individuals with mental 
disabilities as research subjects, the IRB must include at least 
[[Page 17432]] one person primarily concerned with the welfare of these 
research subjects.

[FR Doc. 95-8342 Filed 4-4-95; 8:45 am]
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