National Institute on Disability Rehabilitation Research; Proposed Rule DEPARTMENT OF EDUCATION

SUMMARY: The Secretary proposes to amend existing regulations for

certain programs administered by the National Institute on Disability

and Rehabilitation Research (NIDRR). These proposed amendments result

primarily from the Rehabilitation Act Amendments of 1992 (the

Amendments). The proposed regulations add new definitions and program

activities consistent with the Amendments and reflect new statutory

requirements.

DATES: Comments must be received on or before September 26, 1994.

ADDRESSES: All comments concerning these proposed regulations should be

addressed to Betty Jo Berland, U.S. Department of Education, 400

Maryland Avenue, S.W., Washington, D.C. 20202, Switzer Building, Room

3422. A copy of any comments that concern information collection

requirements should also be sent to the Office of Management and Budget

at the address listed in the Paperwork Reduction Act section of this

preamble.

FOR FURTHER INFORMATION CONTACT: Betty Jo Berland. Telephone: (202)

205-9739. Individuals who use a telecommunications device for the deaf

(TDD) may call the TDD number at (202) 205-5516.

SUPPLEMENTARY INFORMATION: These proposed regulations primarily

implement statutory changes made by the Rehabilitation Act Amendments

of 1992 (Pub. L. 102-569). Some of the changes are to 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''.

These proposed regulations in Sec. 350.4 include new statutory

definitions for many of the terms used in Section 7 of the

Rehabilitation Act, including the definitions of such key terms as

``disability'', ``individual with a disability'', ``rehabilitation

technology'' and ``rehabilitation engineering'', and ``research

utilization''. The NPRM further reflects new statements in the statute

about the purpose of each of the programs and the activities authorized

within them.

These proposed regulations in Sec. 350.21 implement Section

21(b)(6) of the Act, which states that all applicants must address the

needs of individuals with disabilities from minority backgrounds. They

also include suggestions for ways to meet this requirement, and

incorporate attention to needs of minorities with disabilities into the

selection criteria for each of the four programs addressed in this

NPRM. The NPRM in Sec. 350.41 reflects the new statutory requirement in

Section 20 of the Act that all funded projects must make applicants for

or recipients of vocational rehabilitation services and their families

aware of the Client Assistance Program in their States.

These proposed regulations in Secs. 352.33 and 353.33 also 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 NPRM 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 301(i) of the current law and regulations

by describing the context in which transmittal of these applications

would be appropriate.

These proposed regulations in Secs. 352.40 and 353.40 state that

each RRTC and RERC 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 would extend the new statutory requirement in Section

204(b)(3)(D)(II) of the Act--that certain types of RERCs must have such

advisory boards--to all RERCs and RRTCs. The Secretary has determined

that most RRTCs and RERCs have advisory boards that meet or approach

meeting this requirement. It should not be a hardship for the remaining

centers to meet this requirement. The overwhelming importance of

involving the Department's constituents--in this case, individuals with

disabilities and their families or representatives--in activities

supported by the Department makes this requirement imperative.

These proposed regulations support the National Education Goals,

particularly National Education Goal 5, which calls for every adult

American to be literate and to possess the skills necessary to compete

in a global economy and exercise the rights and responsibilities of

citizenship.

Executive Order 12866

1. Assessment of Costs and Benefits

These proposed 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 proposed regulations are

those resulting from statutory requirements and those determined to be

necessary for administering this program effectively and efficiently.

Burdens specifically associated with information collection

requirements, if any, are identified and explained elsewhere in this

preamble under the heading Paperwork Reduction Act of 1980.

In assessing the potential costs and benefits--both quantitative

and qualitative--of the proposed regulations, the Secretary has

determined that the benefits of the proposed 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.

To assist the Department in complying with the specific

requirements of Executive Order 12866, the Secretary invites comments

on whether there may be further opportunities to reduce any potential

costs or increase potential benefits resulting from these proposed

regulations without impeding the effective and efficient administration

of the program.

2. Clarity of the regulations

Executive Order 12866 requires each agency to write regulations

that are easy to understand.

The Secretary invites comments on how to make these proposed

regulations easier to understand, including answers to questions such

as the following: (1) Are the requirements in the proposed regulations

clearly stated? (2) Do the regulations contain technical terms or other

wording that interferes with their clarity? (3) Does the format of the

regulations (grouping and order of sections, use of headings,

paragraphing, etc.) aid or reduce their clarity? Would the regulations

be easier to understand if they were divided into more (but shorter)

sections? (A ``section'' is preceded by the symbol ``Sec. '' and a

numbered heading; for example, Sec. 350.3 What regulations apply to

these programs?) (4) Is the description of the regulations in the

``Supplementary Information'' section of this preamble helpful in

understanding the regulations? How could this description be more

helpful in making regulations easier to understand? (5) What else could

the Department do to make the regulations easier to understand?

A copy of any comments that concern how the Department could make

these proposed regulations easier to understand should be sent to

Stanley M. Cohen, Regulations Quality Officer, U.S. Department of

Education, 400 Maryland Avenue SW., (Room 5125, FOB-6), Washington,

D.C. 20202-2241.

Regulatory Flexibility Act Certification

The Secretary certifies that these proposed regulations will not

have a significant economic impact on a substantial number of small

entities. The small entities that would be affected by 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.

Paperwork Reduction Act of 1980

Sections 350.20, 350.21, 350.34, 352.31, and 353.31 contain

information collection requirements. As required by the Paperwork

Reduction Act of 1980, the Department of Education will submit a copy

of these sections to the Office of Management and Budget (OMB) for its

review.

Public and private entities, including institutions of higher

education and Indian tribes and tribal organizations, are eligible to

apply for awards under these programs. The Department uses this

information to assist in making awards. The annual public reporting

burden for these programs is estimated to be 30 hours.

Organizations and individuals desiring to submit comments on the

information collection requirements should direct them to the Office of

Information and Regulatory Affairs, Room 3002, New Executive Office

Building, Washington, D.C.; Attention: Daniel J. Chenok.

Invitation to Comment

Interested persons are invited to submit comments and

recommendations regarding these proposed regulations.

All comments submitted in response to these proposed regulations

will be available for public inspection, during and after the comment

period, in Room 3431, Mary E. Switzer Building, 330 C Street, S.W.,

Washington, D.C., between the hours of 8:30 a.m. and 4:30 p.m., Monday

through Friday of each week except Federal holidays.

Assessment of Educational Impact

The Secretary particularly requests comments on whether the

proposed regulations in this document would 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.

(Catalog of Federal Domestic Assistance Number 84.133, National

Institute on Disability and Rehabilitation Research)

Dated: May 20, 1994.

Richard W. Riley,

Secretary of Education.

The Secretary proposes to amend Parts 350, 351, 352, and 353 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 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

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 is amended by revising the last two sentences of

paragraph (d)(2) read as follows:

Sec. 350.3 What regulations apply to these programs?

* * * * *

(d) * * *

(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.

If an IRB regularly reviews another vulnerable category of subjects,

such as children who do not have disabilities, prisoners, pregnant

women, or adults with disabilities, consideration must also be given to

the inclusion of one or more individuals who are knowledgeable about

the experience in working with these 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 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--

(a) Submit 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) Include 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.

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

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

Sec. 350.21 What is required of each applicant relative to individuals

with disabilities from minority backgrounds?

Each applicant for funding under these programs 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 and areas that include minority populations.

(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.

(g) An additional method or methods proposed by the applicant and

determined by the Secretary to meet this requirement.

(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 (a)(8),

(b)(5), and (c)(14); removing the word ``and'' at the end of paragraphs

(a)(6), (b)(3), and (c)(12); and removing the period and adding, in its

place, ``; and'' at the end of paragraphs (a)(7), (b)(4), and (c)(13)

to read as follows:

Sec. 350.34 What selection criteria does the Secretary use in

reviewing applications under parts 351, 354, or 355?

(a) * * *

(8) The project addresses the needs of individuals with

disabilities from minority backgrounds in a meaningful way.

(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.

* * * * *

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 section 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:

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) and adding a new paragraph (b)(10) 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 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;

(4) Other authorized representatives, advocates, and organizations

that provide information and support to individuals with disabilities

and their families; and

(5) Administrators, policymakers, and representatives of public and

private organizations whose activities affect the productivity,

independence, and community integration of individuals with

disabilities.

(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 and encouraged to

develop practical applications for the findings of their research.

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

762(b)(2)(A)(ii), (B)-(D), and (F)-(H))

18. Section 352.31 is amended by adding paragraph (a)(4), revising

paragraph (c)(2)(iii) and adding (c)(2) (vi) and (vii) as follows:

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

* * * * *

(a) * * *

(4) The applicant demonstrates how the proposed activities of the

Center will address, in whole or in part, the rehabilitation needs of

individuals with disabilities from minority backgrounds and underserved

populations.

* * * * *

(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 individuals with disabilities and their family members,

advocates, and representatives, as well as to public and private

agencies, rehabilitation practitioners, service providers,

policymakers, and researchers; and

(vii) Dissemination of research findings and other materials in

appropriate formats and accessible media for use by individuals with

various disabilities.

* * * * *

(Authority: Secs. 21(b)(6), 202(e), and 204(b)(2); 29 U.S.C. 718

b(6), 761a(e), 761(a)(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 Section 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. A new section 352.41 is added to read as follows:

Sec. 352.41 What is the advisory committee requirement for a grantee

under this program?

A Rehabilitation Research and Training Center shall have an

advisory committee of which the majority of the members are individuals

with disabilities, or the parents, family members, guardians,

advocates, or authorized representatives of individuals with

disabilities.

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

22. The title 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 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

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 to facilitate

service change in service delivery systems 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), 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 on the uses and resources for assistive technology to

individuals with disabilities and their parents, family members,

guardians, advocates, or authorized representatives;

(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 removing the word ``and'' at the

end of paragraph (a)(2), removing the period at the end of paragraph

(a)(3) and adding, in its place ``; and'', and adding a new paragraph

(a)(4); removing the word ``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'', and adding a new paragraph (c)(4); removing the word

``and'' at the end of paragraph (d)(7), removing the period at the end

of paragraph (d)(8) and adding, in its place ``; and'', and adding a

new paragraph (d)(9); and revising the authority citation to read as

follows:

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

(a) * * *

(4) The applicant addresses the needs of individuals with

disabilities from minority backgrounds in a meaningful way.

* * * * *

(c) * * *

(4) The applicant includes a plan 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.

(d) * * *

(9) The plan for operating the Center includes an advisory

committee of which the majority of the members are individuals with

disabilities who are users of rehabilitation technology or the family

members or authorized representatives of such individuals.

(Authority: Secs. 21(b)(6), 202(e), 204(b)(3) (C) and (D)(ii); 29

U.S.C. 718(b)(6) and 762(b)(3) (C) and (D)(ii))

28. A new Section 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 section 353.40 is added to read as follows:

Sec. 353.40 What is the advisory committee requirement for a grantee

under this program?

(a) A Rehabilitation Engineering Research Center shall have an

advisory committee the majority of the members of which 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.

(b) 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.

(c) 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: Secs. 204(b)(3)(D)(ii) and (G); 29 U.S.C.

762(b)(3)(D)(ii) and (G))

[FR Doc. 94-19435 Filed 8-9-94; 8:45 am]

BILLING CODE 4000-01-P