[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19435]


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[Federal Register: August 10, 1994]


_______________________________________________________________________

Part V





Department of Education





_______________________________________________________________________



Office of Special Education and Rehabilitative Services



_______________________________________________________________________



34 CFR Parts 350, et al.




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

Office of Special Education and Rehabilitative Services

34 CFR Parts 350, 351, 352, and 353

RIN 1820-AB01

 
National Institute on Disability Rehabilitation Research

AGENCY: Education.

ACTION: Notice of proposed rulemaking.

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

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