[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] [[Page Unknown]] [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