Vol. 81 Friday, No. 161 August 19, 2016

Part III

Department of Education

34 CFR Parts 367, 369, 370, et al. Workforce Innovation and Opportunity Act, Miscellaneous Program Changes; Final Rule

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DEPARTMENT OF EDUCATION program, 34 CFR part 371 (formerly Finally, as part of this update, the known as ‘‘Vocational Rehabilitation Secretary removes regulations that are 34 CFR Parts 367, 369, 370, 371, 373, Service Projects for American Indians superseded or obsolete and consolidates 376, 377, 379, 381, 385, 386, 387, 388, with Disabilities’’); regulations, where appropriate. In 389, 390, and 396 • The Rehabilitation National addition to removing portions of 34 CFR [Docket No. 2015–ED–OSERS–0002] Activities program, 34 CFR part 373 part 369 pertaining to specific programs (formerly known as ‘‘Special whose statutory authority was repealed RIN 1820–AB71 Demonstration Projects’’); under WIOA (i.e., Migrant Workers • The Protection and Advocacy of program, the Recreational Programs, and Workforce Innovation and Opportunity Individual Rights (PAIR) program, 34 the Projects With Industry program), the Act, Miscellaneous Program Changes CFR part 381; Secretary is removing the remaining AGENCY: Office of Special Education and • The Rehabilitation Training portions of the Part 369 regulations. The Rehabilitative Services, Department of program, 34 CFR part 385; Secretary is also removing parts 376, Education. • The Rehabilitation Long-Term 377, and 389. ACTION: Final Regulations. Training program, 34 CFR part 386; Public Comment • The Innovative Rehabilitation SUMMARY: The Secretary amends the Training program, 34 CFR part 387 On April 16, 2015, the Secretary regulations governing a number of (formerly known as the ‘‘Experimental published a notice of proposed programs administered by the and Innovative Training’’); rulemaking (NPRM) for these programs Rehabilitation Services Administration • The Training of Interpreters for in the Federal Register (80 FR 20988). (RSA) to implement changes to the Individuals Who are Deaf or Hard of In response to our invitation in the Rehabilitation Act of 1973 (Act) made Hearing and Individuals who are Deaf- NPRM, more than 100 parties submitted by the Workforce Innovation and Blind program, 34 CFR part 396 comments on the proposed regulations. Opportunity Act, signed on July 22, (formerly known as the ‘‘Training of Because the amendments described in 2014. Interpreters for Individuals Who are these final regulations are so many and The Secretary also implements Deaf and Individuals who are Deaf- varied, we first discuss those programs changes to the Act made by the Blind program’’). whose regulations we amend and do not Workforce Investment Act of 1998, WIOA also repealed the statutory remove. We discuss these programs in signed on August 7, 1998, that have not authority for four programs, and the the order in which their parts appear in previously been implemented in Secretary, therefore, removes their the Code of Federal Regulations (CFR). regulations, and otherwise updates, corresponding regulations. These For each part, we provide a summary of clarifies, and improves RSA’s current programs and regulations are: the changes we proposed, a summary of regulations. • Vocational Rehabilitation Service the differences between the proposed DATES: This final rule is effective Projects for Migratory Agricultural regulations and these final regulations, September 19, 2016, except the removal Workers and Seasonal Farmworkers and a detailed discussion of the public of part 388, amendatory instruction 13, with Disabilities (Migrant Workers) comment we received on the proposed is effective on October 1, 2016. program, portions of 34 CFR part 369; regulations. We then discuss those FOR FURTHER INFORMATION CONTACT: Ed • Projects for Initiating Special programs whose regulations we remove. Anthony, U.S. Department of Education, Recreation Programs for Individuals Generally, we do not address technical 400 Maryland Avenue SW., Room 5086 with Disabilities (Recreational and other minor changes. PCP, Washington, DC 20202–2800. programs), portions of 34 CFR part 369; Independent Living Services for Older • Telephone: (202) 245–7488, or by email: Projects with Industry, 34 CFR part Individuals who are Blind (OIB), 34 [email protected]. 379 and portions of part 369; and CFR Part 367 If you use a telecommunications • The State Vocational Rehabilitation device for the deaf (TDD) or a text Unit In-Service Training program, 34 Summary of Changes telephone (TTY), call the Federal Relay CFR part 388. In the preamble of the NPRM, we Service (FRS), toll free at 1–800–877– In addition, the Secretary implements discussed on pages 20989 through 8339. changes to the Act made by the 20991 the major changes proposed to SUPPLEMENTARY INFORMATION: Workforce Investment Act of 1998 part 367 implementing the amendments (WIA), signed into law August 7, 1998 to the OIB program made by WIOA. Background (Pub. L. 105–220). These changes were These included a requirement that not The Secretary amends the regulations not previously implemented in the OIB, less than 1.8 percent and not more than governing a number of programs CAP, AIVRS, and PAIR program 2 percent of the funds for this program administered by the Rehabilitation regulations, and the Secretary now be reserved to provide training and Services Administration (RSA) to makes these changes in the applicable technical assistance to designated State implement changes to the Rehabilitation regulations. agencies (DSA) or other providers of Act of 1973 (Act) made by the Separate and apart from amendments independent living services for older Workforce Innovation and Opportunity to the Act made by WIOA and WIA, the individuals who are blind. Act (WIOA), signed on July 22, 2014 Secretary updates and clarifies the In addition, we proposed to (Pub. L. 113–128). These programs and regulations governing the various incorporate into part 367 the text of their corresponding regulations are: rehabilitation training programs—34 relevant provisions of parts 364 and 365 • The Independent Living Services CFR parts 373, 385, 386, 387, and 396— regarding general independent living for Older Individuals Who Are Blind and 34 CFR part 390, which governs the and State independent living services (OIB) program, 34 CFR part 367; Rehabilitation Short-Term Training that were previously incorporated only • The Client Assistance Program program. These regulations have not by reference. (CAP), 34 CFR part 370; been updated in some time, and There are five differences between the • The American Indian Vocational updating them now is intended to NPRM and these final regulations. As a Rehabilitation Services (AIVRS) improve how these programs function. result of our further review, we add the

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entities eligible to apply for awards assessment and allow for these costs to specifies that the DSA may use funds under the training and technical be met by the VR program. under part 367 for activities described assistance funding in § 367.21; we revise Discussion: We appreciate the in § 367.1 and § 367.5(b), it does not § 367.24 to give the Secretary the commenter’s support for ‘‘employment require the DSA to provide the full array discretion to conduct the application first,’’ which regards employment as the of services and activities that the process and make the subsequent award preferred option for individuals of Secretary may fund. In fact, many of in accordance with 34 CFR part 75, but working age. However, we understand these IL services and activities may also not require it; we clarify in §§ 367.65 that many older individuals with vision be provided under title VII, chapter 1 of and 367.66 requirements for the use of loss may not believe that employment is the Act, and older individuals who are program income; we address in a new an option for them. The purpose of the blind may be referred to these programs, § 367.67 the financial participation by OIB program is to provide IL services to which include CILs, for services that consumers served by the OIB program; individuals age 55 or older whose may not be specific to the vision-related and we revise § 367.69 by requiring that significant visual impairment makes services traditionally provided by the designated State agencies and other competitive employment extremely OIB program. However, the broad scope service providers enter into written difficult but for whom IL goals are of IL services that an OIB program may agreements when sharing personal feasible. Individuals served by the OIB provide allows the program to information with entities and program who subsequently express an determine what array of services and organizations for the purpose of interest in employment during or after activities it will provide and to evaluations, audits, research, and other receiving OIB services may be referred individualize services according to program purposes. We also make other, at any time to the VR program; however, need. minor technical changes. there is no statutory authority to require Changes: None. that all potential OIB consumers be Public Comment referred to the VR program before Transfer of Title VII, Chapter 1 IL Programs In response to our invitation in the receiving OIB services. We acknowledge the commenter’s Comment: One commenter requested NPRM, eight parties submitted concerns about relieving the OIB further clarification about how the comments on the proposed regulations program of the costs of eligibility and Department intends to work with the amending the OIB program. One assessments; however, to require that all Department of Health and Human commenter agreed with all of the individuals presumed eligible for the Services (HHS) throughout the IL proposed regulations as written. OIB program be referred first to the VR program transition process to assure that Another expressed specific support for program for assessment of employment older individuals who are blind incorporating into part 367 the potential is not appropriate, as it shifts continue to receive the necessary independent living (IL) services from those costs to the VR program for services that provide the greatest section 7(17) of the Act, including the individuals for whom competitive opportunity for complete and full requisite supports and services that employment may not be likely. independence. facilitate the transition of individuals Discussion: The Department has What activities may the Secretary fund? from nursing homes and other worked collaboratively with HHS to (§ 367.3(b)) institutions to home- and community- ensure the efficient and effective based residences and services to assist Comments: Some commenters asked transfer of the Title VII, Chapter 1 older individuals who are blind and for clarification about whether it is programs from the Department of who are at risk of entering institutions mandatory to provide all independent Education to HHS. The OIB program, to remain in their communities. We living (IL) services that may be funded which continues to be administered by address those commenters that under this part. Commenters were the Department, was transferred within requested clarifications or proposed concerned about their capacity to RSA to staff in the Technical Assistance additions to the regulations. Because we provide all IL services, particularly Unit who have the knowledge and made a number of structural and those defined in proposed expertise necessary to administer the numbering revisions to part 367, we § 367.5(b)(10). The commenters noted OIB program. provide an analysis of public comment that some of the services are duplicative Change: None. by subpart and, within each subpart, by of those provided by Centers for subject or section. We do not address Independent Living (CILs), while others Subpart B—Training and Technical areas about which we did not receive may not usually apply to the OIB Assistance public comments, i.e. Subpart D—How program (e.g. shelter, supported living, Comment: One commenter strongly Does the Secretary Award Discretionary physical rehabilitation, therapeutic recommended that a portion of the Grants? and Subpart E—How Does the treatment, and prostheses). technical assistance and training funds Secretary Award Formula Grants? Additionally, commenters stated that be required to be used to train service Subpart A—General vision rehabilitation specialists would providers on techniques and best require extensive training to gain the practices for serving older individuals Comment: An organization qualifications needed to provide all who are deaf-blind, including those who representing State agencies for the blind services and that providing the full are blind or visually impaired and hard and that supports the concept of array of services would affect the quality of hearing. This specialized training ‘‘employment first’’ recommended that of vision services provided to clients by would increase understanding of the part 367 refer all consumers presumed an already overstretched staff. needs of deaf-blind individuals, assist eligible for the OIB program based upon Discussion: We acknowledge the service providers who routinely work age to the State VR services program to concerns expressed by some with individuals who are blind to be assessed for employment potential commenters about whether providing recognize those who also have hearing prior to being served under the OIB all IL services identified in § 367.3(b)— loss, and provide techniques designed program. The commenter stated that this particularly the catchall in § 367.3(b)(8), to maximize independence. would relieve the ‘‘underfunded’’ OIB ‘‘Other IL services as defined in Discussion: We appreciate the program of the costs of eligibility and § 367.5’’—is required. While § 367.3(a) commenter’s recommendation.

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Individuals who are deaf-blind, in accordance with 34 CFR part 75, but within each State to maximize including those who are blind or not require it. collaboration and availability of visually impaired and hard of hearing, services. Subpart C—What are the application encompass a growing population within Change: None. requirements under this part? those who may be served under the OIB Subpart F—What conditions must be program. As such, we anticipate that Removal of State Plan for Independent met after an award? training and technical assistance for Living OIB Requirements DSAs and other service providers will Comments: Two commenters, an Use of Program Income (§ 367.65(a)(2) address the needs of this dual sensory organization representing agencies for and (b)(2)) loss group, as well as of other the blind and an individual, Comment: None. individuals who are blind or visually acknowledged that WIOA eliminated Discussion: After further review, we impaired and have multiple disabilities. the requirement for including a have revised § 367.65 to clarify that Change: None. reference to the OIB program in the payments received by the State agency, Eligible Entities for Grants, Contracts, or State Plan for Independent Living (SPIL) subrecipients, or contractors for IL Cooperative Agreements (§ 367.21(a)) and expressed concern that this would services provided under the OIB disenfranchise and remove the ‘‘voice’’ program to individual consumers will Comment: None. of older individuals with vision loss. be treated as program income. We have Discussion: In proposed § 367.21(a), These commenters recommended that also revised final § 367.65(b)(2) to we did not describe the entities eligible an OIB section be added to the require OIB grantees to use program to compete for funds reserved under Vocational Rehabilitation (VR) portion income only to supplement the OIB § 367.20 to carry out training and of the Unified or Combined State Plans grant. Grantees will not be permitted to technical assistance through grants, submitted by States, with the deduct program income from the grant. contracts, or cooperative agreements. requirement that plans require Upon closer examination of the grant This was an oversight. coordination with VR, CILs, aging, and formula set forth in the statute, we have Change: We added eligible entities to other entities that would further the concluded that the use of the deduction final § 367.21(a): State and public or independence of older persons with method would, in effect, result in a non-profit agencies and organizations visual impairments. reduction of an OIB program grantee’s and institutions of higher education. Discussion: We appreciate the allotment. Absent specific statutory How does the Secretary evaluate an commenters’ concerns surrounding the authority, these reductions would be application? (§ 367.24) potential elimination of the ‘‘voice’’ of inconsistent with the statute and general older individuals who are blind or appropriations law principles. In Comments: None. visually impaired that resulted from the reviewing the grantees’ financial Discussion: When WIOA added a transfer of the IL programs to HHS. reports, we have found that very few, if training and technical assistance However, the previous SPIL any, OIB programs elect to use the authority to the OIB program it gave the requirements for IL coordination with deduction method. Instead, most, if not Secretary the ability to make awards by the OIB program and for including any all, grantees elect to use the addition grant, cooperative agreement or new methods or approaches for method, which is still permissible and, contract. Since the Department providing OIB services were minimal. in fact, will be the only permissible use generally makes these awards by grants In addition, nothing prohibits older of program income under the OIB final using the procedures in part 75, which individuals who are blind or visually regulations. We do not believe this uses the peer review process identified impaired from participating in the change will negatively affect any in the statute, we added a subsection in development of the SPIL. In fact, for the grantee. the NPRM that provided that the periodic review and revision of the Changes: We have added Secretary would use the procedures in SPIL, section 704(a)(3)(C)(ii)(II) of the § 367.65(a)(2), stating that payments part 75, even when awarding a contract. Act requires collaboration and working received by the State agency, However, upon further reflection, we relationships with, among others, subrecipients, or contractors from have determined that there may be entities carrying out programs that insurers, consumers, or others for IL circumstances when the Department has provide independent living services and services provided under the OIB an amount of funds that is too small to that serve older individuals. program to defray part or all of the costs compete but could be used to support a Furthermore, some State OIB programs of services provided to individual contract consistent with the training and have developed advisory committees to consumers will be treated as program technical assistance authority, in the provide input into determining the income. We have revised final form of a task order or modification needs of the older blind population and § 367.65(b)(2) to permit grantees to use under an existing Department contract developing the services required to meet program income only to supplement for example, in which case, the those needs. their OIB grant and have removed all Department would not want to use the While we appreciate the references to the deduction method. grant processes in part 75. Therefore, we recommendation to add an OIB section have determined that it is more to the VR services portion of the Unified The Requirements That Apply to the appropriate to change the language in or Combined State Plan, section 101(a) Obligation of Federal Funds and this subsection to give the Secretary the of the Act dictates its required Program Income (§ 367.66) authority to use part 75 if awarding a components, which do not include the Comment: None. contract, where the Secretary OIB program. We encourage OIB There has been a long-standing, determines it is appropriate but not consumers to make their views known government-wide requirement under the require its use. to the DSA and other service providers, common rule implementing former Changes: We have revised final and we encourage State OIB programs to OMB Circular A–102 and the former § 367.24(b) to give the Secretary the develop strategies to coordinate and link OMB guidance in Circular A–110, as discretion to conduct the application OIB programs with other disability and codified by the Department of Education process and make the subsequent award aging-related activities and programs at former 34 CFR 80.21(f)(2) and

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74.22(g), respectively, that non-Federal § 367.66(c) to explicitly require States to for the cost of OIB services. These grantees must expend program income expend available program income funds requirements are outlined in the new prior to drawing down Federal grant before requesting additional cash § 367.67. Because this is a new section funds. The Uniform Administrative payments, as was the long-standing added to the regulations, the sections Requirements, Cost Principles, and requirement under former 34 CFR after it are renumbered accordingly. Audit Requirements for Federal Awards 80.21(f)(2). CAP (§ 367.68) (Uniform Guidance), codified at 2 CFR We believe this change is essential to part 200, were adopted by the protect the Federal interest by using Comment: One commenter, noting the Department at 2 CFR 3474 on December program income to increase the funds inclusion of the notice of the availability 19, 2014 (79 FR 76091), and apply to all devoted to this program, to which VR of CAP in this subpart, remarked that new and continuing awards made after Social Security reimbursement program the OIB regulations should, but do not, December 26, 2014. income may also be transferred, keeping address appeals procedures. The new 2 CFR 200.305(a) specifies to a minimum the interest costs to the Discussion: The Act does not include the payment procedures that States Federal government of making grant an appeals procedure for the OIB must use to draw down Federal funds; funds available to the States. This program; therefore, there is no statutory however, these procedures appear, on change should not negatively affect authority to include any regulations the surface, to apply only to funds States because it merely maintains the beyond those relating to the availability included in a Treasury-State Agreement status quo that existed under 34 CFR of CAP to the OIB program. (TSA), and not all Federal program 80.21(f)(2). Change: None. funds made available to States are Changes: We have revised final What are the special requirements subject to TSAs. For this reason, 2 CFR § 367.66(c) to make clear that all pertaining to the protection, use, and 200.305(a) has created an ambiguity designated agencies must disburse release of personal information? about how States should draw Federal program income prior to drawing down (§ 367.69) funds under non-TSA programs. Federal funds or, as stated in 2 CFR Moreover, TSAs do not cover program 200.305(b)(5), ‘‘requesting additional Comments: None. income earned by State grantees, and 2 cash payments.’’ Finally, we have made Discussion: We anticipate that other CFR 200.305(a) does not address other technical and conforming edits. Federal and State agencies, and whether States should expend available researchers will have an increased Financial Participation program income funds before requesting interest in using the data required to be additional Federal cash, which had been Comment: One commenter pointed collected by programs established under the long-standing government-wide out that the proposed regulations did the Act, including the OIB program. requirement in OMB Circular A–102 not address how a grantee should Therefore, after further departmental and codified for Department grantees at consider a consumer’s ability to pay. review, we have strengthened the 34 CFR 80.21(f)(2). This silence creates Discussion: We agree that the protection of the confidentiality of concern because, for all other non- proposed regulations did not address personal information collected by the Federal entities, 2 CFR 200.305(b)(5) the subject of financial participation by OIB program by requiring in final requires them to expend available consumers of the OIB program. Since § 367.69 that designated State agencies program income funds before requesting there is neither a Federal requirement and service providers enter into written payments of Federal funds. for, nor prohibition of, consumers of the agreements with any entity seeking While the silence in 2 CFR 200.305(a) OIB program to participate in the cost of access to this information for the creates an unintended ambiguity, we do IL services, we believe it is beneficial to purpose of audits, evaluations, research, not believe that it should be construed address the commenter’s suggestion by or for other program purposes. This to change the prior rule and remove the including regulatory language to change is consistent with revisions to requirement that States must expend provide guidance to States that might final 34 CFR 361.38 governing the program income funds before requesting want to consider this as an option. protection of confidentiality of personal additional Federal cash. No such policy Change: We added new § 367.67— information collected by the VR change was discussed in the preambles May an individual’s ability to pay be program. to either the final guidance in 2 CFR considered in determining his or her Changes: We have revised final part 200, which was published on participation in the costs of OIB § 367.69(a), (d), and (e)(1) by requiring December 26, 2013 (78 FR 78589), or in services? A State is neither required to that designated State agencies and the Interim Final Guidance published charge, nor is it prohibited from service providers enter into written on December 19, 2014 (79 FR 75867). charging, consumers for the cost of IL agreements with other organizations and Further, § 361.63(c)(2) permits the services provided under the OIB entities receiving personal OIB program transfer of VR Social Security program. Also, a State is neither information during the conduct of reimbursement program income to carry required to, nor prohibited from, audits, evaluations, research, and for out programs under title VII, Chapter 2 considering the ability of individual other program purposes. of the Act (Independent Living Services consumers to pay for the cost of OIB Client Assistance Program (CAP), 34 for Older Individuals Who Are Blind). services in determining how much a CFR Part 370 For this reason, we believe it is essential particular consumer must contribute to that we resolve this unintended the costs of a particular service. Summary of Changes ambiguity for the OIB program. However, specific requirements apply if In the preamble of the NPRM, we We proposed in the NPRM to the State does choose to charge discussed on pages 20991 through incorporate the requirement to expend consumers or allow providers of 20994 the major changes proposed to program income before requesting services to charge consumers for part 370 that would implement the payment of funds by referencing 2 CFR services provided under the OIB amendments to the CAP made by WIOA 200.305(a). Given the ambiguity in that program. Specific requirements also and WIA. To implement those changes section, however, the proposed rule did apply if the State considers, or allows made by WIA, the Secretary proposed not clearly state the requirement. We providers of services to consider, the amending the regulations governing the resolve the ambiguity by revising ability of individual consumers to pay redesignation of a designated CAP

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agency to require the governor to would not include those individuals section. However, another commenter redesignate the designated CAP agency who are potentially eligible to receive suggested that redesignation should if it is internal to the designated State pre-employment transition services. ultimately be based on criteria, such as agency (DSA) for the Vocational These commenters recommended that the efficiency and effectiveness of the Rehabilitation program and that DSA we incorporate the definitions of grantee as assessed by RSA through its undergoes a significant reorganization ‘‘student with a disability’’ and ‘‘youth monitoring activities, in addition to the that meets certain statutory criteria. with a disability’’ within this part to determination of ‘‘good cause’’ by the The Secretary also proposed making clarify that these individuals are clients governor. three substantive changes to incorporate and client-applicants. These Discussion: We appreciate the statutory changes made to section 112 commenters also recommended that we comment supporting this regulation, as by WIOA. First, we proposed adding the amend this section to prohibit the well as the recommendation from the protection and advocacy system serving provision of CAP services to youth with commenter regarding criteria on which the American Indian Consortium as an disabilities seeking subminimum wage to base the redesignation of a CAP entity eligible to receive a CAP grant. employment in sheltered settings. grantee. However, other than a Second, we proposed requiring the Discussion: We appreciate the determination of good cause by the Secretary to reserve funds from the CAP commenters’ support for this regulation. governor, the Act does not provide the appropriation, once it reaches a We disagree that there is a need to Secretary with authority to specify specified level, to award a grant for the clarify in the regulation that students criteria that would require the provision of training and technical and youth with a disability, including redesignation of a designated CAP assistance to designated CAP agencies. those students with disabilities seeking agency. We believe that the final Finally, we proposed clarifying that or receiving pre-employment transition regulation is consistent with the statute. authorized activities under the CAP services, are clients and client- Change: None. include assisting client and client- applicants for the purposes of this part. Access to Records and Monitoring applicants who are receiving services As defined in § 370.6, ‘‘client or client- under sections 113 and 511 of the Act. applicant’’ means an individual Comments: Several commenters were In addition to substantive changes receiving or seeking services under the concerned that the proposed regulations required by statutory amendments, the Act, respectively. Moreover, section did not provide CAPs with the authority Secretary proposed making other 112(a) makes clear that CAPs may serve to access records and conduct changes to update part 370 so that it, clients and client-applicants who are monitoring to help carry out the among other things, conforms with RSA receiving services under section 113— mandate to assist individuals seeking or practice (i.e., with regard to submission e.g., students with disabilities. In fact, receiving services under sections 113 of application and assurances), reflects students and youth with disabilities and 511 of the Act. These commenters current CAP grantee practice (i.e., with may be eligible to receive a wide range recommended that CAPs be given the regard to contracts with centers for of services under the Act, such as same authority to access records as do independent living), and conforms to transition services, training, other component programs, including the new Uniform Guidance at 2 CFR transportation, supported employment, the PAIR program, of the protection and part 200. and independent living. Therefore, advocacy system established under the There are no differences between the students and youth with disabilities Developmental Disabilities Assistance NPRM and these final regulations, who are receiving services under the and Bill of Rights Act of 2000, believing except that, as a result of our further Act are clients and client-applicants for this general authority would enable CAP review, we clarify in final § 370.47 purposes of part 370 and are, therefore, grantees to access records and requirements related to the use of eligible to receive CAP services. documentation developed under both program income and make other minor We also appreciate the commenter’s sections 113 and 511 of the Act. technical changes. concerns about the payment of Discussion: We disagree with the Public Comment: In response to our subminimum wages to youth with commenters’ recommendation. invitation in the NPRM, 41 parties disabilities. However, we disagree that Although many CAPs are housed within submitted comments on the proposed we should prohibit the provision of CAP a State’s protection and advocacy regulations amending the CAP (part services to youth with disabilities system, section 112 of the Act neither 370). In general, these comments seeking subminimum wage establishes the CAP as a mandatory supported the proposed regulations. We employment. Section 112(a) of the Act, component of the protection and provide an analysis of public comments as amended by WIOA, specifically advocacy system nor requires that the by subject and section only for those establishes CAPs to assist clients and CAP have the same general authorities regulations about which we received client-applicants with all benefits and as those established in part C of the opposing comments or requests for services available under the Act, Developmental Disabilities Assistance clarification. In addition, we provide an including those required by section 511. and Bill of Rights Act of 2000. explanation of the clarification in Given this mandate, there is no Rather, section 112(a) of the Act § 370.47 regarding requirements related authority under the Act for the Secretary establishes CAPs to: (1) Advise and to the use of program income. to prohibit the provision of CAP inform clients and client-applicants of all services and benefits available to Clients and Client-Applicants (§ 370.1) services to youth with disabilities seeking subminimum wage them under the Act; (2) upon the Comments: A few commenters employment, regardless of the setting. request of these clients and client- supported the revision to § 370.1 We believe that the final regulation is applicants, assist and advocate for these clarifying that CAP services are consistent with the statute. individuals in their relationships with available to assist individuals seeking or Change: None. projects, programs, and services receiving services under sections 113 provided under the Act; and (3) inform and 511 of the Act. Yet, a few other Requirements for Redesignation individuals with disabilities of the commenters believe the same proposed (§ 370.10) services and benefits available to them regulations were confusing in that the Comments: One commenter under the Act and under Title I of the terms ‘‘clients’’ and ‘‘client-applicants’’ supported the proposed changes in this Americans with Disabilities Act.

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In assisting and advocating for clients which applies to State agencies, does principles. In reviewing the grantees’ and client-applicants upon their not address whether designated financial reports, we have found that request, section 112(a) of the Act agencies that are State agencies should very few, if any, designated CAP authorizes the CAP to pursue legal, expend available program income funds agencies elect to use the deduction administrative, or other appropriate before drawing down Federal funds, as method. Instead, most, if not all, remedies to ensure the protection of had been the long-standing government- grantees elect to use the addition their rights under the Act and to wide requirement under OMB Circulars method, which is still permissible and, facilitate access to, and services funded A–102 and A–110. in fact, will be the only permissible use under, the Act through individual and This silence creates concern because of program income under these CAP systemic advocacy, as defined at 2 CFR 200.305(b)(5), which appears to final regulations. We do not believe this § 370.6(b). This advocacy, whether apply to non-Federal entities other than change will negatively affect any individual or systemic, must be at the States, requires that those entities grantee. request of the client or client-applicant expend available program income funds Changes: We have revised final and must be solely for the purpose of before requesting payments of Federal § 370.47(b)(2) to permit grantees to use protecting the rights of clients and funds. While the silence in 2 CFR program income only to supplement client-applicants under the Act or to 200.305(a) creates an unintended their CAP grant and to remove all facilitate their access to services under ambiguity, we do not believe that this references to the deduction method. We the Act. In this situation alone, the ambiguity should be construed to have also added a new § 370.47(b)(2)(ii) CAPs could access relevant records so change the prior rule and remove the to make clear that all designated CAP long as they follow the requirements of requirement that State agencies must agencies must disburse program income the holder of those records, which expend program income funds before prior to drawing down Federal funds or, typically would require the informed requesting additional Federal cash. No as stated in 2 CFR 200.305(b)(5), written consent of the client or client- such policy change was discussed in the ‘‘requesting additional cash payments.’’ applicant. There is no authority under preambles to either the OMB final Finally, we have made other technical section 112 for the CAP to engage in guidance in 2 CFR part 200, which was and conforming edits. advocacy for the sole purpose of gaining published on December 26, 2013 (78 FR general access to records or conducting 78589), or in the Interim Final Guidance American Indian Vocational monitoring. published on December 19, 2014 (79 FR Rehabilitation Services Program For these reasons, section 112 of the 75867). (AIVRS), 34 CFR Part 371 Act does not provide a basis on which Therefore, we believe it is essential Tribal Consultation to amend these regulations, as that we resolve this unintended Consistent with Executive Order recommended by commenters, to ambiguity here. To that end, we have 13175, ‘‘Consultation and Coordination include the same general authorities as amended § 370.47 in these final With Indian Tribal Governments,’’ in those established in part C of the regulations to make clear that all addition to seeking input from Indian Developmental Disabilities Assistance designated CAP agencies, regardless of tribal governments through the public and Bill of Rights Act of 2000 for their organizational structure, must comment process, the Department mandatory components of the expend program income before drawing conducted tribal consultations to obtain protection and advocacy system, which down Federal funds. In so doing, we input on the proposed changes in the the CAP is not. have revised final § 370.47(b)(2)(ii) to Change: None. explicitly require CAP grantees to AIVRS program. We hosted a webinar expend available program income funds on June 9, 2015, and invited written Program Income (§ 370.47) before requesting additional cash comments from tribal officials, tribal Comments: None. payments, as was the long-standing governments, tribal organizations, and Discussion: In further reviewing the requirement under former 34 CFR affected tribal members. We provided an interplay between § 370.47 and 2 CFR 74.22(g) and 80.21(f)(2). overview of the AIVRS NPRM and the 200.305, the Department has determined We believe the change is essential to proposed changes to the regulations additional clarification is necessary in protect the Federal interest by using governing the program as a result of final § 370.47, particularly with regard program income to increase the funds WIOA and WIA, and we asked for tribal to the use of available program income. devoted to the CAP program and input regarding those proposed changes. There has been a long-standing keeping to a minimum the interest costs When announcing the tribal government-wide requirement under the to the Federal government of making consultation, the Department common rule implementing former grant funds available to the designated acknowledged that it was somewhat OMB Circular A–102 and the former agencies. This change should not unusual to ask for tribal input after an OMB guidance in Circular A–110, as negatively affect designated CAP NPRM was published, but WIOA’s codified by the Department at former 34 agencies that are State agencies because requirement to publish an NPRM within CFR 80.21(f)(2) and 74.22(g), it merely maintains the status quo that six months for all the programs respectively, that non-Federal grantees existed under 34 CFR 80.21(f)(2). contained in the Rehabilitation Act, must expend program income prior to We also have revised final including regulations with the drawing down Federal grant funds. The § 370.47(b)(2) by requiring CAP grantees Department of Labor implementing the Uniform Guidance, codified at 2 CFR to use program income only to requirements for a joint state plan for part 200, was adopted by the supplement the CAP grant. Upon closer the State Vocational Rehabilitation Department at 2 CFR part 3474 on examination of the grant formula set program, precluded the Department December 19, 2014 (79 FR 76091) and forth in the statute, we have concluded from engaging in a tribal consultation applies to all new and continuing that the use of the deduction method process before it needed to publish the awards made after December 26, 2014. would, in effect, result in a reduction of NPRM. The consultation process also The new 2 CFR 200.305 specifies the a CAP’s grant allotment. Absent specific had to proceed quickly so that the payment procedures that non-Federal statutory authority, such reductions Department could receive the comments entities must use to draw down Federal would be inconsistent with the statute before the public comment period for funds; however, 2 CFR 200.305(a), and general appropriations law the NPRM ended in order for those

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comments to be considered. Despite added paragraph (b) to § 371.32 to inequitably and gives too much to these constraints, the Indian community authorize the Secretary to provide a American Indians ‘‘just for being responded thoughtfully during the competitive preference to applicants Indian.’’ consultation process and provided 42 who previously received an AIVRS Discussion: The commenter’s comments, many of them unique. Those grant. Finally, after further departmental statement is outside the scope of this comments were considered and are review, we revised § 371.44 by requiring rulemaking. The Department is addressed along with the other public that Tribal Vocational Rehabilitation implementing a program funded by comments here. units enter into written agreements with Congress based on a recognized need for organizations and entities when sharing Summary of Changes vocational rehabilitation services for personal information for the purposes of American Indians with disabilities. In the preamble of the NPRM, we evaluations, audits, research and other Changes: None. discussed on pages 20994 through program purposes. 20998 the major changes proposed to Public Comment: In response to our 60-Month Project Period—§ 371.4 part 371 implementing the amendments invitation in the NPRM, 65 parties to the AIVRS program made by WIOA. submitted comments on the proposed Comments: Some commenters These included (1) the expansion of the regulations amending the AIVRS proposed that, instead of limiting definition of ‘‘Indian’’ to include natives program (part 371). We received funding for AIVRS projects to five years, and descendants of natives under the comments in support of most of the AIVRS projects ought to be funded Alaska Native Claims Settlement Act, proposed regulations, and we received permanently. These commenters stated (2) the amendment of the definition of comments questioning or opposing that to compete for funds every five ‘‘Indian tribe’’ to include a ‘‘tribal some. We thank the commenters for years, not knowing if the project will be organization,’’ and (3) amendments to their support. We discuss only those re-funded, makes it difficult to ensure subpart B to require the reservation of comments that questioned or opposed continuity of services and operate an not less than 1.8 percent and not more particular regulations, and we organize efficient and effective program. Many of than 2 percent of the funds for the our discussion by subject. these commenters recommended that AIVRS program for the provision of AIVRS projects, once funded, continue training and technical assistance to the Funding for the AIVRS Program to be funded based on decisions from governing bodies of Indian tribes and Comments: Under Section 100(c)(1)– monitoring and technical assistance consortia of those governing bodies (2) of the Act, the AIVRS program is rather than competing for new awards eligible for a grant under this program. funded annually through a set-aside of every five years, much like the Centers The amendments to part 371 also not less than 1 percent and not more for Independent Living program under implement changes made by WIA in than 1.5 percent of the funds Title VII of the Act, and some also 1998 that have not previously been appropriated for the State Vocational recommended that each project receive incorporated, such as the expansion of Rehabilitation (VR) program. A number an annual cost-of-living increase. services to American Indians with of commenters requested that the Discussion: Section 121(b)(3) provides disabilities living ‘‘near’’ a reservation, Department increase the funds available that grants can be effective for up to 60 as well as ‘‘on’’ a reservation, and the for AIVRS projects by setting aside the months. Because the AIVRS program is change of the project period from up to maximum allowable level of 1.5 a discretionary grant program, there is three to up to five years. Additionally, percent. Most of these commenters no statutory authority for the we incorporate relevant sections of part argued that an increase in the set-aside Commissioner to provide permanent 369, which the Department proposed in was needed to offset the effect of the funding. Section 121 does not provide the NPRM to repeal, and relevant new training and technical assistance authority similar to that for the Centers sections of part 361, particularly requirement on the funding available to for Independent Living program under definitions found in each of those parts. operate AIVRS projects and asked the Part C of Title VII of the Act, which There are a few differences between Department to take this into permits continued funding without the NPRM and these final regulations. consideration in determining the annual competition. The Department can only Section 371.2(a)(2) now explicitly set-aside. continue to provide funds to a grant requires approval of the tribal Discussion: The level of funding set government before a tribal organization beyond 60 months if, given exceptional aside for the AIVRS program under circumstances, the Secretary publishes a may apply for an AIVRS grant and Section 100(c)(1)–(2) of the Act is provide services to tribal members. We rule that waives the requirements of 34 outside of the scope of the proposed CFR 75.250 and 75.261(c)(2), which made a minor change in § 371.2(a)(3) to rules. However, the Department is aware make the language consistent with limit project periods to 60 months and that the new reservation of funds for restrict project period extensions that § 371.2(a)(1). We modified the definition training and technical assistance, of ‘‘supported employment’’ in § 371.6 involve the obligation of additional coupled with the sequester of Federal funds. to reflect changes we made to the mandatory funds under the Budget definition in 34 CFR 361.5(c)(53) so that Control Act of 2011 (Pub. L. 112–25), As for annual cost-of-living increases, the term is used identically in both the has in recent years reduced the funds there are no provisions in the statute State VR program and the AIVRS available to operate AIVRS projects and that permit the Commissioner to program. We revised § 371.14 to give the provide services to American Indians provide automatic cost-of-living Secretary the discretion to conduct the with disabilities. The Department will increases to all grantees. A grantee may application process and make the take these and other factors into account request a cost-of-living increase when subsequent award in accordance with when determining the annual level of filing its annual performance report and 34 CFR part 75, but not require it. As a the AIVRS set-aside. budget, and the request must provide a means of implementing the statutory Changes: None. justification for the increase. The requirement that the Secretary give Comments: One commenter objected Commissioner will review and approve priority consideration to applications generally to the amount provided for the or disapprove requests for a cost-of- for the continuation of programs that AIVRS program, stating that the living increase case-by-case. have been funded under section 121, we government funds minority groups Changes: None.

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Consolidation of AIVRS With Other bodies of Indian tribes, and consortia of Eligibility Employment and Training Programs those governing bodies, eligible for a Providing Services ‘‘On or Near’’ the grant under this program. While the Act Comments: Two commenters Reservation (§ 371.3) provides the Department with the requested that tribes that consolidate Comments: In response to the their employment and training programs authority to determine the amount of the reservation within the statutory proposed language that AIVRS projects under Public Law 102–477 (25 U.S.C. provide services to American Indians 3401, et seq.) be able to add the AIVRS parameters, taking into consideration the needs of the AIVRS program, it must with disabilities who live on ‘‘or near’’ program to the programs they are able reserve at least 1.8 percent of the funds the reservation, some commenters to consolidate under that statute. set aside for the AIVRS program. The requested guidance on how to define Discussion: This request is outside the Department believes that the rules in ‘‘near.’’ Other commenters stated that as scope of this rulemaking. In any event, §§ 371.11 through 371.14 implementing a matter of tribal sovereignty, it should the Department would be unable to section 121(c), as well as the rigorous be left to the tribes, not the Federal grant it because the AIVRS program is requirements for training and technical government, to define ‘‘near’’ and to not eligible for consolidation under assistance grantees contained in the define their service areas, which they do Public Law 102–477 (25 U.S.C. 3401, et regulatory priorities applicants must in other contexts such as working with seq. The Indian Employment, Training meet, will help to ensure that the the U.S. Census Bureau or in other and Related Services Demonstration Act training and technical assistance Federal programs. of 1992 (Pub. L. 102–477) is a statute provided is designed to help improve Discussion: We agree with the under which the Secretary of the the operation of AIVRS projects and the commenters that it should be the tribes Interior, in cooperation with the quality of services provided to their who define ‘‘near’’ the reservation. The appropriate Secretary of Labor, Health consumers. change allowing AIVRS projects to serve and Human Services, or Education, Changes: None. American Indians with disabilities who upon the receipt of a plan submitted by Comment: Two commenters live ‘‘near’’ a reservation, as well as an Indian tribal government, may recommended that the Department ‘‘on’’ a reservation, was made by the authorize it to coordinate and integrate consider and explore alternate funding Workforce Investment Act (WIA), Public its federally funded employment, sources for training and technical Law 105–120, in August 1998. We training, and related services programs assistance for the AIVRS program. One proposed adding ‘‘or near’’ to § 371.3 into a single, coordinated, of these commenters suggested that because, although we had implemented comprehensive program, which reduces these activities should be funded as a the statutory change in 1998, the administrative costs. Section 5 of that set-aside under the training and regulations had not yet been updated to Act (25 U.S.C. 3404), however, makes technical assistance component of the reflect the change. Consistent with our clear that the only programs that may be Act. current practice under the statutory integrated in a plan submitted by a tribe Discussion: While we appreciate the requirements, applicants for AIVRS are those under which an Indian tribe is commenters’ suggestions, the grants will, as part of their applications, eligible for receipt of funds under a Department is required to reserve funds continue to define the service areas in statutory or administrative formula. for this purpose from the AIVRS set- which, and the populations to whom, Because the AIVRS program is a aside, consistent with section 121(c) of they will provide services. RSA staff is discretionary grant program, not a the Act. always available to assist grantees or formula grant program, it is not eligible Change: None. potential grantees in determining for consolidation under Public Law appropriate service areas for AIVRS Culturally Appropriate Services 102–477. grants that meet the criteria of ‘‘on or (§ 371.1) Changes: None. near’’ the applicant’s reservation. Comments: A number of commenters Training and Technical Assistance Changes: None. expressed support for AIVRS providing Funding (§§ 371.10–371.14) culturally appropriate vocational Tribal Organizations (§ 371.2, § 371.6— Comments: A number of commenters rehabilitation services to American definitions) recognized the value of training and Indians with disabilities and for Comment: Some commenters objected technical assistance and expressed recognizing subsistence as a permissible to proposed § 371.2(a)(1)(ii), which support for these activities. However, employment outcome. Some makes tribal organizations eligible most of these commenters did not commenters, however, criticized our applicants under AIVRS. These believe that these activities should be illustration of culturally appropriate commenters pointed out that tribal provided at the expense of services for services in the NPRM preamble—‘‘(i.e. organizations, like some ‘‘urban’’ Indian tribal VR consumers. While some services traditionally used by Indian organizations, need not be tribal commenters stated that tribal consumers tribes)’’—as incomplete and requested governmental entities or even affiliated would be better served by continuing to that we include examples of culturally with tribes. As such, tribal organizations fund direct services rather than training appropriate services that match the may not be sufficiently responsible to for tribal vocational rehabilitation broad diversity of Indian country. tribal governments, they may programs, others expressed the need for Discussion: We thank these temporarily create programs just to more balance in the funding of these commenters for their support. Given, establish eligibility, and they may take activities. however, the large number of American funding away from established AIVRS Discussion: New provisions in section Indian tribes, including Alaskan Native programs and from consumers in need 121(c) of the Act, implemented in villages and regional corporations, and of VR services. subpart B of the AIVRS regulations, their widely varying cultural practices, Many other commenters requested require the Commissioner to reserve not any list of further examples of culturally that, while tribal organizations may be less than 1.8 percent and not more than appropriate practices would also be eligible for AIVRS grants, we should 2 percent of the funds set aside for the incomplete and may exclude cultural require an application from any tribal AIVRS program for training and practices that are unique to some tribes. organization to have the approval of the technical assistance to the governing Changes: None. tribe or tribes it plans to serve. A few

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commenters asked who or what office Although we believe that the AIVRS project may serve and who may must issue this approval; a few others definition of ‘‘tribal organization’’ have a different tribal affiliation, nor noted that securing the necessary already requires a close connection with must it seek approval from those tribes. approvals may be difficult because an an Indian tribe, we agree with the Changes: We have amended AIVRS project may provide services to commenters that applications from § 371.2(a)(2) and added new members of several different tribes. tribal organizations should have the § 371.2(a)(2)(ii) to require that, in order Finally, some commenters suggested approval of the tribal governments the to receive a grant under this section, a that there be a single tribal entity within organizations seek to serve. In part, the tribal organization that is not a the tribal government to conduct all proposed regulations already required governing body of an Indian tribe must AIVRS activities. this. have the approval of the tribe to be Discussion: The amendments to If a tribal organization serves more served by the organization. WIOA added ‘‘tribal organizations’’ to than one tribe, § 371.2(a)(3) requires the Who may make an application under the definition of ‘‘Indian tribe’’ in organization to obtain the approval of the AIVRS Program? (§ 371.2) section 7(19)(B) of the Act. Because each of the tribes it seeks to serve. This Indian tribes are eligible for grants requirement already applies to a Comments: None. under the AIVRS program, in § 371.2, consortium and a tribal government Discussion: Section 371.2(a) the Department is implementing a seeking to serve more tribes than its implements the statutory authorization statutory requirement: Tribal own. However, the proposed regulations that permits applications for the AIVRS organizations are eligible for AIVRS did not explicitly require a tribal program to be made by the governing grants. Specifically, Section 7(19)(B) organization that is not a tribal bodies of Indian tribes or consortia of includes in the definition of ‘‘Indian government and seeks to serve only one those governing bodies. Section tribe,’’ ‘‘a tribal organization (as defined tribe, to obtain approval to apply for an 371.2(a)(1) implements the Education in section 4(l) of the Indian Self- AIVRS grant from that tribal Department General Administrative Determination and Education government. Requirement at 34 CFR 75.128 that We are, therefore, adding this Assistance Act (25 U.S.C. 450b(l)).’’ groups of applicants can only apply requirement as § 371.2(a)(2)(ii). This Section 371.6 of the regulations adopts either by designating one member of the will ensure that it is the tribal that definition. Under § 371.6, a tribal group—one of the governing bodies—to governments that ultimately have the organization is: apply on behalf of the group or by authority to determine the services 1. The recognized governing body of establishing a separate eligible legal provided to their members and the any Indian tribe; or entity to apply for the group. In the entity authorized to provide those 2. Any legally established services. proposed regulations, § 371.2(a)(3) organization of Indians that is Approval must be a formal action discussed grants being made to ‘‘the controlled, sanctioned, or chartered by taken by the tribal government. It will governing body of an Indian tribe, a the governing body of an Indian tribe; or often come in the form of a resolution consortium of those governing bodies, 3. Any legally established from the tribal council. However, as the or a tribal organization.’’ However, in organization of Indians that is forms of government among the tribes order to be consistent with 34 CFR democratically elected by the adult are so many and varied, we cannot make 75.128 and § 371.2(a)(1), § 371.2(a)(3) members of the Indian community to be an exhaustive list of the entity that must must recognize that grants cannot go to served by the organization and that issue the approval or specify what form a consortium itself but must go to a includes the maximum participation of the approval must take. It may be tribal governing body or a tribal Indians in all phases of its activities. sufficient for the tribal council to organization on behalf of the As such, if the organization is not the authorize a tribal organization to apply consortium. actual governing body of the tribe, it for any health or social service grant on Changes: We have revised final nevertheless has close ties to the its behalf and provide those services to § 371.2(a)(3) to reflect that grants are governing body because the body has its members. The council may not have made to ‘‘the governing body of an created it, authorized it, or is actually to pass resolutions for each grant Indian tribe, either on its own behalf or controlling it, or the organization has application. However, these are matters on behalf of a consortium, or to a tribal close ties to the tribal members because dictated by tribal law, as is the decision organization. . . .’’ they have elected the membership of the regarding the entity that will provide Who Is Eligible To Receive Services tribal organization. Therefore, we do not tribal vocational rehabilitation services (§ 371.3) believe that the concern expressed about to its members. ‘‘urban’’ tribal organizations that are As for the difficulty of securing Comment: A few commenters unaffiliated with tribes competing with approvals when multiple tribes are to be expressed concern about providing existing AIVRS projects, perhaps by served, this change merely applies the services to descendants of Alaska creating pretextual vocational existing approval requirement for Natives. They asked about who rehabilitation programs, is a likely consortia and inter-tribal agreements to determines their tribal membership and outcome of this regulatory change. We tribal organizations, and our experience how those services would be funded. also note that the tribal organization suggests that there is no great difficulty Discussion: Section 371.3 implements must also meet the other eligibility in securing the necessary approvals. The the statutory authorization in section requirements under § 371.2(a), number of approvals may, in fact, be 121(a) of the Act that makes American including that they be located on smaller than commenters suggested. The Indians with disabilities who reside on Federal or State reservations. If the tribal organization needs approvals only or near reservations eligible for services tribal organization is not a tribal from those tribes on (or near) whose under AIVRS. WIOA amended Section governing body, then the tribes that reservations the tribal organization 7(19)(A) to include within the definition make up the tribal organization have to plans to provide services. The tribal of ‘‘American Indian’’ a ‘‘Native and a meet the reservation requirement, again organization is under no obligation to descendant of a Native as such terms are creating a close connection with the identify the tribal affiliation of all defined in subsections (b) and (r) of tribes themselves. residents of those service areas who the section 3 of the Alaska Native Claims

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Settlement Act (ANCSA), 43 U.S.C. and ‘‘subsistence’’ in § 371.6. Several including homemaker and unpaid 1602.’’ commenters recommended that the family worker outcomes, from the scope ‘‘Native’’ is defined in subsection (b) Secretary continue to recognize of the definition of ‘‘employment of section 3 of ANCSA as a citizen of the homemaker and unpaid family worker outcome’’ in 34 CFR 361.5(c)(15). United States who is a person of one- outcomes as appropriate vocational Although section 7(5) of the Act, as fourth degree or more Alaska Indian outcomes for purposes of the AIVRS amended by WIOA, permits the (including Tsimshian Indians not program. Secretary to include within this enrolled in the Metlakatla Indian Alternatively, a few commenters definition other appropriate vocational Community) Eskimo, or Aleut blood, or suggested that we include homemaker outcomes, the Secretary must exercise combination thereof. The term includes and unpaid family worker outcomes this discretion in a manner consistent any Native as so defined either or both within the definition of ‘‘subsistence.’’ with the Act. of whose adoptive parents are not One commenter recommended that we Because of the extensive emphasis on Natives. It also includes, in the absence include a note in the definition of competitive integrated employment of proof of a minimum blood quantum, ‘‘employment outcome’’ that throughout the Act, as amended by any citizen of the United States who is subsistence occupations are approved WIOA, it is no longer consistent with regarded as an Alaska Native by the employment outcomes. Another the Act to include uncompensated Native village or Native group of which commenter asked if we intend that the outcomes within the scope of the he claims to be a member and whose definition of ‘‘subsistence’’ apply only definition of ‘‘employment outcome.’’ father or mother is (or, if deceased, was) to individuals served through the Because we believe it is necessary to regarded as Native by any village or AIVRS program or if it applies to all implement the term consistently under group. Alaska native villages and individuals served through the VR both the VR and AIVRS programs, we regional village corporations are program, including those individuals cannot include homemaker and unpaid included in the Rehabilitation Act’s who live in rural areas where few family worker outcomes within the definition of ‘‘Indian tribe,’’ and Alaska opportunities for competitive integrated scope of the definition of ‘‘employment Natives are their members. employment exist. This commenter also outcome’’ solely for the purposes of the ‘‘Descendant of a Native’’ is defined asked if we propose any limits on AIVRS program as the commenters in subsection (r) in section 3 of ANCSA hobby-type activities as self- requested. For these reasons also, we as— employment outcomes. disagree with the recommendation to (1) A lineal descendant of a Native or One commenter requested that we include homemaker and unpaid family of an individual who would have been clarify the meaning of ‘‘culturally worker outcomes within the definition a Native if such individual were alive appropriate’’ as used in the definition of of ‘‘subsistence’’ in § 371.6, which is on December 18, 1971, or ‘‘subsistence’’ and the preamble to the defined as a form of self-employment (2) An adoptee of a Native or of a NPRM covering the VR program and, thus, considered an allowable descendant of a Native, whose regulations by providing examples. employment outcome under both the adoption— Finally, one commenter AIVRS and VR programs. (A) Occurred prior to his or her recommended that we standardize the We define ‘‘subsistence’’ in § 371.6 for majority, definition of ‘‘competitive integrated purposes of the AIVRS program to mean and employment’’ in § 371.6 with the a form of self-employment in which (B) Is recognized at law or in equity. definition of that term in 34 CFR individuals use culturally relevant or We understand the essence of the 361.5(c)(9) for the State Vocational traditional methods to produce goods or commenters’ concern to be that the Act Rehabilitation (VR) Services program, services for household consumption or makes descendants of natives eligible noting that the two definitions vary in non-commercial barter and trade that for services under AIVRS, but not all some technical respects. constitute an important basis for the descendants of natives are members of In light of the interrelationship individual’s livelihood. The definition their parents’ native corporations or between the terms ‘‘competitive of ‘‘employment outcome’’ in 34 CFR tribes, potentially resulting in AIVRS integrated employment,’’ ‘‘employment 361.5(c)(15) encompasses all forms of projects providing services to non-tribal outcome,’’ and ‘‘subsistence,’’ we competitive integrated employment and members. However, the Act does not address the comments on these specifically mentions self-employment. require tribes to make any definitions together. Because we consider subsistence determination about the membership Discussion: We appreciate the support occupations to be a form of self- status of those eligible; it merely expressed by the commenters. We employment, these occupations are prescribes the pool of individuals believe that consistency in already within the scope of the eligible for services funded by Federal interpretation and implementation of definition of ‘‘employment outcome,’’ money. While this change in the the regulations governing the AIVRS and it is not necessary to revise the American Indians with disabilities and VR programs is essential given the definition to refer specifically to eligible for services may increase the large number of American Indians and subsistence as recommended by the number of consumers seeking services, Alaskan Natives with disabilities who commenters. we do not believe it will be such a are eligible for services from both To ensure consistency in the substantial increase that the affected programs, some of whom may be served interpretation of ‘‘competitive integrated AIVRS projects cannot absorb it. by the programs sequentially or even employment’’ under both the VR and Changes: None. simultaneously. the AIVRS programs, we stated in the This is imperative for the definition of preamble to the NPRM for the VR Definitions of ‘‘Competitive Integrated ‘‘employment outcome,’’ which is the program that we understand subsistence Employment,’’ ‘‘Employment Outcome,’’ basis for services provided by both employment as a form of self- and ‘‘Subsistence’’ (§ 371.6) programs. As explained in more detail employment common to cultures of Comments: Some commenters in the final regulations governing the VR many American Indian tribes (see expressed strong support for the program published elsewhere in this NPRM, State Vocational Rehabilitation definitions of ‘‘competitive integrated issue of the Federal Register, we have Services Program, Supported employment,’’ ‘‘employment outcome,’’ eliminated uncompensated outcomes, Employment Services Program, and

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Limitations on the Use of Subminimum CFR 361.5(c)(9) by making technical disabilities, rather than American Wage, 80 FR 21059, April 16, 2015). We changes. Indian youth with disabilities, are do not intend that statement, or the Definition of ‘‘Supported Employment’’ eligible for pre-employment transitions inclusion of the definition of (§ 371.6) services, as explained in more detail in ‘‘subsistence’’ only in § 371.6, to limit the discussion of comments on 34 CFR services designed to assist individuals Comment: One commenter noted that 361.48(a) in the final rule amending part to achieve subsistence occupations to the definition of ‘‘supported 361 published elsewhere in this issue of those served through the AIVRS employment’’ in the Act no longer the Federal Register. While we program. includes ‘‘transitional employment for understand the commenters’ concerns In addition, while we believe that individuals with mental illness’’ and regarding the need to ensure that recommended that we remove reference subsistence occupations are most coordination among the DSU, AIVRS to this type of employment from the culturally relevant to American Indian program, and educational agencies is and Alaskan Native tribes, we recognize definition of ‘‘supported employment.’’ Discussion: Many other organizations taking place and that transition services, that individuals may engage in including pre-employment transition traditional occupations in other native and individuals submitted comments, in services, are provided to American cultures. Thus, DSUs may find it addition to the one comment discussed Indian students with disabilities, the appropriate to assist individuals from here submitted in connection with the Department believes that the final cultures other than American Indian AIVRS regulations, on the definition of and Alaskan Native tribes, such as ‘‘supported employment’’ in the regulations in part 361 accomplish this. individuals living in the Territories, to proposed State VR regulation, 34 CFR The final regulation at 34 CFR 361.24 achieve self-employment in subsistence 361.5(c)(53). We discuss all of these addresses the need for coordination occupations. However, because the comments in detail in the final rule among these entities and for providing definition of ‘‘subsistence’’ in § 371.6 amending 34 CFR 363, published transition services to American Indians requires that the subsistence occupation elsewhere in this issue of the Federal living on or near a reservation. Section be culturally relevant to the individual, Register. As a result of those comments, 361.24(d)(1) requires the VR services we decline to extend the applicability of we have removed the reference to portion of the Unified or Combined subsistence occupations to other ‘‘transitional employment’’ from the State Plan to include a formal individuals solely on the basis of their definition of ‘‘supported employment’’ cooperative agreement with AIVRS location in rural areas, even though in § 361.5(c)(53) and have made other programs. Section 361.24(d)(2) sets out there may be few opportunities for conforming changes to the definition of requirements for that cooperative competitive integrated employment in ‘‘supported employment’’ in § 371.6 so agreement, and those include strategies those areas. Examples of subsistence that it is consistent with the definition for providing transition planning under occupations that are culturally relevant in § 361.5(c)(53). § 361.24(d)(2)(iii). Furthermore, the to American Indian or Alaskan Native Changes: We have revised the Federal funds reserved in accordance tribes can include the exchange of fish definition of ‘‘supported employment’’ with 34 CFR 361.65, and any funds caught, or grain raised, by the in final § 371.6 so that it is substantively made available from State, local, or individual with the disability for other identical to the definition of that term private funding sources, are to be used goods produced by other members of in § 361.5(c)(53). The only difference to provide pre-employment transition the tribe that are needed by the between the two definitions is that services to all students with disabilities, individual to live and maintain his or where § 361.5(c)(53) refers to a including American Indian students her home. Given, however, the large ‘‘Designated State Unit,’’ the service with disabilities, in need of such number of American Indian tribes, provider under the State VR program, services. We also discuss comments on including Alaskan Native villages and the definition in § 371.6 refers to the these sections in more detail in the final regional corporations, and their widely ‘‘Tribal Vocational Rehabilitation Unit,’’ rule amending 34 CFR part 361 varying cultural practices, any list of the appropriate term for the service published elsewhere in this issue of the further examples of culturally relevant provider under AIVRS. Federal Register. practices would also be incomplete and Pre-Employment Transition Services may exclude cultural practices that are Changes: None. and Coordination With AIVRS Projects unique to some tribes. (34 CFR 361.48(a), 34 CFR 361.24(d), Definition of ‘‘Transition Services’’ (34 Since the definition of ‘‘subsistence’’ CFR 361.5(c)(55) and 371.6) in § 371.6 requires that the activity be and 34 CFR 361.65) important to the individual’s livelihood, Comment: Some commenters Comments: None. AIVRS grantees cannot provide services recommended that State VR agencies be Discussion: We have made changes to required to include in their formal to enable individuals to engage in mere the definition of ‘‘transition services’’ in interagency agreements with AIVRS hobbies, as hobbies do not meet the final § 371.6 to make it consistent with projects and to address in agreements criteria for self-employment as an the definition of that term in final 34 with Tribal Education Agencies in the employment outcome. CFR 361.5(c)(55) for purposes of the Finally, to avoid any misperception State how the State VR agency plans to AIVRS program. Specifically, we that the definitions of ‘‘competitive provide equitable pre-employment revised the definition to clarify that it integrated employment’’ in 34 CFR transition services to American Indian applies to students and youth with 361.5(c)(9) pertaining to the VR program students and American Indian youth disabilities and includes outreach to and that in § 371.6 applicable to the with disabilities and how services to parents, or, if appropriate, AIVRS program differ based on the lack American Indian students with representatives of the student or youth. of technical consistency, we have made disabilities will be incorporated into the the definitions identical. budgeting and spending plans for the Changes: We have revised the final Changes: We have made the State’s 15% set aside for transition of § 371.6 so that the definition of definition of ‘‘competitive integrated students with disabilities. ‘‘transition services’’ is consistent with employment’’ in final § 371.6 consistent Discussion: We note at the outset that the definition of the term in final 34 with the definition of that term in 34 only American Indian students with CFR 361.5(c)(55).

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Evaluation of an Application for a process and make the subsequent award Discussion: On-the-job training (OJT) Training and Technical Assistance in accordance with 34 CFR part 75, but and other work experiences (e.g. Award (§ 371.14(b)) not require it. internships) are allowable vocational Comment: A number of commenters What other factors does the Secretary rehabilitation services for individuals recommended that, for a training and consider in reviewing an application? under the State VR program (34 CFR technical assistance award, the (§ 371.32) 361.48(b)(6)) and the definition section Secretary make mandatory a 10-point of the AIVRS program regulations (final competitive preference priority for Comment: A number of commenters § 371.6(b)). A VR agency or AIVRS applications that include as project recommended that, in addition to the project may provide paid work personnel in a substantive role competitive preference priority for the experiences, such as OJT and individuals who have been employed by training and technical assistance award internships, as a VR service so long as a tribal VR unit as a project director or in § 371.14(b), the Secretary also make the agency determines that it is VR counselor. mandatory a 10-point competitive necessary for the individual to achieve Discussion: While we believe that this preference priority for applications for an employment outcome. In all competitive preference priority in final the AIVRS program that include as instances, the VR agency purchases § 371.14(b) should be available to the project personnel in a substantive role goods or a service that benefit the Secretary to implement the training and individuals who have been employed by consumer. Since the work experience is technical assistance requirement of a tribal VR unit as a project director or considered the goods or service, the VR section 121(c)(2) of the Act, we disagree VR counselor. agency ‘‘purchases’’ it from the with the commenters that the priority Discussion: We do not believe that employer and reimbursement is should be mandatory and that it should this competitive preference is provided to employers for these paid always be worth 10 points. When appropriate for the AIVRS program, work experiences. This is typically done appropriate to an AIVRS training and whereas it is appropriate for the training through a contract between the technical assistance competition, we and technical assistance program. While vocational rehabilitation program and will publish this competitive preference the quality of the project personnel is an employer under which funds may be priority, and its point value, in the part of the selection criteria for both included that would assist the employer notice inviting applications for the projects, the training and technical in providing compensation to the assistance applicants generally have a competition. trainee. Changes: None. primary background in providing training, not necessarily VR services or Changes: None. How does the Secretary evaluate an VR services to American Indians. The application? (§ 371.14(c)) What are the special requirements competitive preference for training and pertaining to the protection, use, and Comments: None. technical assistance is a way to release of personal information? Discussion: When WIOA added a encourage applicants to consider (§ 371.44) training and technical assistance personnel who have a background in the authority to the AIVRS program, it gave appropriate training and familiarity Comments: None. with the community that will be the Secretary the ability to make awards Discussion: We anticipate that other receiving the technical assistance. By by grant, cooperative agreement or Federal and State agencies, and contrast, the AIVRS projects require contract. Since the Department researchers will have an increased personnel with experience in tribal VR generally makes these awards by grants interest in using the data required to be services. using the procedures in part 75, which collected by programs established under We do think, however, that this uses the peer review process identified the Act, including the AIVRS program. regulatory section should include a in the statute, we added a subsection to Therefore, after further departmental provision implementing the statutory the NPRM that provided that the review, we have strengthened the requirement to give priority Secretary would use the procedures in protection of the confidentiality of part 75, even when awarding a contract. consideration to applications for the personal information collected by the However, upon further reflection, we continuation of programs that have been AIVRS program by requiring in final have determined that there may be funded under section 121. Although the § 371.44 that Tribal Vocational circumstances when the Department has Department has implemented this Rehabilitation units enter into written an amount of funds that is too small to statutory requirement through its agreements with any entity seeking compete but could be used to support a notices inviting applications, we believe access to this information for the contract consistent with the training and it is appropriate to have a corresponding purpose of audits, evaluations, research, technical assistance authority, in the regulatory provision for the statutory or for other program purposes. This form of a task order or modification requirement. change is consistent with revisions to under an existing Department contract Changes: We have added final final 34 CFR 361.38 governing the for example, in which case, the § 371.32(b), which provides that the protection of confidentiality of personal Department would not want to use the Secretary may award a competitive grant processes in part 75. Therefore, we preference to applications for the information collected by the VR have determined that it is more continuation of programs that have program. appropriate to change the language in previously been funded under this Changes: We have revised final this subsection to give the Secretary the program. § 371.44(a), (d), and (e)(1) by requiring authority to use part 75 if awarding a that Tribal Vocational Rehabilitation Stipends contract, where the Secretary units enter into written agreements with determines it is appropriate but not Comment: One commenter stated that other organizations and entities require its use. tribal vocational rehabilitation programs receiving personal AIVRS program Changes: We have revised final should be able to pay a stipend for on- information during the conduct of § 371.14(c) to give the Secretary the the-job training and work experiences as audits, evaluations, research, and for discretion to conduct the application is done under the State VR program. other program purposes.

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Rehabilitation National Activities benefits from an employer’s disability section that PAIR grantees have the Program, 34 CFR Part 373 insurance policy. same authority to access records as the protection and advocacy system Summary of Changes § 373.4 Definitions, ‘‘Individual With a established under the Developmental Disability’’ In the preamble of the NPRM, we Disabilities Assistance and Bill of Rights discussed on pages 20998 through Comment: One commenter suggested Act of 2000. However, one commenter 20999 the major changes proposed to updating the definition of ‘‘Individual recommended further clarifying when part 373 implementing the amendments with a Disability’’ to follow 2008 PAIR grantees can exercise this access to the Rehabilitation National Activities statutory changes in the Americans authority by including specific Program made by WIOA. These include: With Disabilities Act. examples. The commenter noted that, (1) A new name for the program—the Discussion: This definition is based while this access authority has been Rehabilitation National Activities upon the definition in section 7 of the challenged in the States, PAIR grantees Program—that better describes the broad Act and thus cannot be changed to ultimately have been successful in nature of the types of activities that may conform to a definition in another exercising this authority. be funded under this authority; (2) as statute. Discussion: We appreciate the appropriate, the addition of a definition Changes: None. comments supporting this regulation. of ‘‘vocational rehabilitation services’’ Protection and Advocacy of Individual We disagree with the comment and the replacement of the term Rights Program (PAIR), 34 CFR Part requesting that we further clarify the ‘‘rehabilitation services’’ with 381 circumstances in which PAIR grantees ‘‘vocational rehabilitation services;’’ (3) can exercise their authority to access Summary of Changes the addition of two new statutory records by including examples in the priorities pertaining to transition from In the preamble of the NPRM, we regulation. As stated in the NPRM, the education to employment and discussed on pages 20999 through change is technical in nature as this competitive integrated employment; and 21001 the major changes proposed to long-standing authority existed prior to (4) the addition of four priorities to part 381 that would implement the enactment of WIA or WIOA. address the technical assistance and amendments to the PAIR program made Therefore, we believe the proposed training needs of State vocational by WIOA and WIA. With regard to the regulation was clear that PAIR grantees, rehabilitation agencies and their statutory changes made to section 509 as part of the protection and advocacy personnel. by WIA, we proposed adding the system, have the same authority to In addition to minor editorial and protection and advocacy system serving access records provided for under the technical revisions, there is one the American Indian Consortium as an Developmental Disabilities Assistance difference between the NPRM and these entity eligible to receive a PAIR grant. and Bill of Rights Act of 2000. For this final regulations. In final § 373.4, we With regard to statutory changes made reason, we believe these final added a paragraph (3) to the definition to section 509 by WIOA, we proposed: regulations are consistent with the of ‘‘early intervention’’ that lists (1) Clarifying that PAIR grantees have statute and no further change is individuals receiving disability benefits the same general authorities, including warranted. from an employer’s disability insurance to access records and program income, Change: None. policy. as the protection and advocacy system established under the Developmental Program Income (§ 381.33(e)) Public Comment: In response to our Disabilities Assistance and Bill of Rights Comments: None. invitation in the NPRM, four parties Act of 2000; and (2) clarifying that the Discussion: In further reviewing the submitted comments on the proposed Secretary may award funds for the interplay between § 381.33(e) and 2 CFR regulations amending the Rehabilitation provision of training and technical 200.305, the Department has determined National Activities Program (part 373). assistance for PAIR grantees through a additional clarification is necessary in We set out our analysis by section. grant, contract, or cooperative final § 381.33(e), particularly with § 373.4 Definitions, Early Intervention agreement. regard to the use of available program There are no differences between the income. Comment: One commenter noted that NPRM and these final regulations, There has been a long-standing people with emerging disabilities or except that, as a result of further government-wide requirement under the disabilities that have increased in Departmental review, we clarify in final common rule implementing former severity are among those most at risk for § 381.33(e) requirements governing the OMB Circular A–102, and the former loss of employment. For these people, use of program income. OMB guidance in Circular A–110, as entering onto an employer’s disability Public Comment: In response to our codified by the Department at former 34 insurance plan is often the first step to invitation in the NPRM, three parties CFR 80.21(f)(2) and 74.22(g), public disability benefits. The submitted comments on the proposed respectively, that non-Federal grantees commenter therefore recommended that regulations amending the PAIR program must expend program income prior to we add this population to the list of (part 381). In general, these commenters drawing down Federal grant funds. The example populations in the definition of support the proposed regulations. We Uniform Guidance, codified at 2 CFR ‘‘early intervention’’ in proposed § 373.4 provide an analysis of public comments part 200, was adopted by the that may receive early intervention by subject and section only for the Department at 2 CFR part 3474 on services. regulation about which we received a December 19, 2014 (79 FR 76091) and Discussion: We agree with the request for clarification. In addition, we applies to all new and continuing commenter. As the populations listed in provide an explanation of the awards made after December 26, 2014. the definition are illustrative and not clarification in final § 381.33(e) about The new 2 CFR 200.305 specifies the exclusive, we believe it is appropriate to the use of program income. payment procedures that non-Federal call attention to this at-risk population. entities must use to draw down Federal Change: We add a new paragraph (3) Access to Records (§ 381.10) funds; however, 2 CFR 200.305(a), to the definition of ‘‘early intervention’’ Comments: A few commenters which applies to State agencies, does that lists individuals receiving disability supported the proposed changes to this not address whether designated

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agencies that are State agencies should found that very few, if any, designated General expend available program income funds agencies elect to use the deduction Comment: One commenter before drawing down Federal funds, as method. Instead, most, if not all, recommended a requirement that had been the long-standing government- grantees elect to use the addition training program personnel consult with wide requirement under OMB Circulars method, which is still permissible and, small business development centers. A–102 and A–110. in fact, will be the only permissible use This commenter also recommended a This silence creates concern because of program income under the PAIR requirement that training programs 2 CFR 200.305(b)(5), which appears to program final regulations. We do not consult with workforce board business apply to non-Federal entities other than believe this change will negatively affect representatives about effective States, requires that those entities any grantee. telecommuting and entrepreneurship expend available program income funds Changes: We have revised final practices in their area. before requesting payments of Federal Discussion: We agree that training funds. While the silence in 2 CFR § 381.33(e)(2) to permit grantees to use personnel should consult with other 200.305(a) creates an unintended program income only to supplement professionals knowledgeable about ambiguity, we do not believe that this their PAIR grant and removed all small business development, since self- ambiguity should be construed to references to the deduction method. We employment is an excellent change the prior rule and remove the have also added a new § 381.33(e)(2)(ii) employment option for some requirement that State agencies must to make clear that all designated individuals with disabilities. For the expend program income funds before agencies must disburse program income same reason, we agree that consultation requesting additional Federal cash. No prior to drawing down Federal funds or, about telecommuting and such policy change was discussed in the as stated in 2 CFR 200.305(b)(5), before entrepreneurship is appropriate. preambles to either the OMB final ‘‘requesting additional cash payments.’’ guidance in 2 CFR part 200, which was Finally, we have made other technical Nothing in the proposed regulations published on December 26, 2013 (78 FR and conforming edits in final § 381.33. would preclude training programs or 78589), or in the Interim Final Guidance their personnel from consulting as the Rehabilitation Training Program, 34 commenter recommends, but requiring published on December 19, 2014 (79 FR CFR Part 385 75867). this consultation is potentially Therefore, we believe it is essential Summary of Changes burdensome and unnecessary. that we resolve this unintended Changes: None. ambiguity here. To that end, we have In the preamble of the NPRM, we § 385.4 Definitions, ‘‘Individual with a amended § 381.33(e) in these final discussed on pages 21001 through Disability’’ regulations to make clear that all 21002 the major changes proposed to Comment: One commenter suggested designated agencies, regardless of their part 385 implementing the amendments updating the definition of ‘‘Individual organizational structure, must expend to the Rehabilitation Training Program with a Disability’’ to align it with 2008 program income before drawing down made by WIOA. These include: (1) statutory changes in the Americans Federal funds. In so doing, we have Adding supported employment and With Disabilities Act. revised final § 381.33(e)(2)(ii) to economic and business development Discussion: This definition is based explicitly require PAIR grantees to programs to the list of programs that upon the definition in section 7 of the expend available program income funds may benefit individuals with Act and thus cannot be changed to before requesting additional cash disabilities; (2) emphasizing the conform to a definition in another payments, as was the long-standing importance of maintaining and statute. requirement under former 34 CFR upgrading the skills of personnel who Changes: None. 74.22(g) and 80.21(f)(2). provide supported employment services We believe this change is essential to and customized employment services to Rehabilitation Long-Term Training protect the Federal interest by using individuals with the most significant Program, 34 CFR Part 386 program income to increase the funds disabilities, as well as personnel Summary of Changes devoted to the PAIR program and assisting individuals with disabilities keeping to a minimum the interest costs whose employment outcome is self- In the preamble of the NPRM, we to the Federal government of making employment, business ownership, or discussed on pages 21002 through grant funds available to the designated telecommuting; (3) adding a definition 21006 the major changes proposed to agencies. This change should not of ‘‘vocational rehabilitation services’’ part 386 implementing the amendments negatively affect designated agencies and replacing the term ‘‘rehabilitation to the Rehabilitation Long-Term that are State agencies because this services’’ with ‘‘vocational Training program made by WIOA, as change merely maintains the status quo rehabilitation services’’ as appropriate; well as those changes needed to update that existed under 34 CFR 80.21(f)(2). and (4) adding definitions of ‘‘supported and improve the regulations. We We also have revised final employment’’ and ‘‘assistive proposed: (1) adding two areas to the § 381.33(e)(2) by requiring PAIR technology’’ consistent with definitions training areas supported by this program grantees to use program income only to in title I of the Act. (assisting and supporting individuals supplement the PAIR grant. Upon closer with disabilities pursuing self- examination of the grant formula set Except for minor editorial and employment, business ownership, and forth in the statute, we have concluded technical revisions, there are no telecommuting; and supported that the use of the deduction method differences between the NPRM and employment services and customized would, in effect, result in a reduction of these final regulations. employment services to individuals a PAIR’s grant allotment. Absent Public Comment: In response to our with the most significant disabilities); specific statutory authority, such invitation in the NPRM, four parties (2) reducing from 75 percent to 65 reductions would be inconsistent with submitted comments on the proposed percent the required percentage of the the statute and general appropriations regulations amending the Rehabilitation total award that grantees must spend on law principles. In reviewing the Training Program (part 385). We provide financial assistance to scholars; (3) grantees’ financial reports, we have our analysis by subject. prohibiting scholars from concurrently

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receiving financial assistance from new § 386.40(a)(4) stating that scholars that scholars understand their multiple grants; and (4) requiring the are prohibited from receiving responsibilities, we have added a grantee to document that the scholar concurrent scholarships under this provision under final § 386.40(a)(4) that will seek employment in the field of program. sets out the scholar’s responsibility not study in which the scholar was trained Public Comment: In response to our to accept concurrent scholarships under or where the field of study is directly invitation in the NPRM, four parties this program and clarified that this relevant to the job functions being submitted comments on the proposed prohibition applies to scholarships for performed. regulations amending the Rehabilitation the same academic term. We also proposed a number of Long-Term Training program (part 386). § 386.32 Allowable Costs changes to the exit processes that will We organize our discussion by section help scholars be more aware of the number. Comment: One commenter requested requirements of their service obligation, that limited travel to professional including: (1) setting out the § 386.20 Selection Criteria conferences be explicitly listed in consequences for a grantee that has Comment: One commenter stated that § 386.32 as an allowable cost. The failed to request or maintain the the selection criterion in proposed commenter pointed out that, in the past, required documentation for a scholar § 386.20(b)(2)(iii), evidence of focused grantees have been able to support who does not meet the service practical and other field experiences, scholars in this way. obligation; (2) allowing some scholars to could not by its terms apply to short- Discussion: We agree that limited start satisfying the service obligation term certificate programs that do not travel to professional conferences has before completion of the program of require practica or field experiences. been, and should continue to be, an study but to prohibit other scholars who Discussion: We agree that the allowable cost. Section 386.4 defines do not complete the program of study language in § 386.20(b)(2)(iii) is ‘‘scholarship,’’ in part, as an award of from performing the service obligation; potentially unclear in this way. financial assistance to a scholar for and (3) disallowing internships, Change: We have revised final training and includes student travel in practicums, or any other work-related § 386.20(b)(2)(iii) to state that evidence conjunction with training assignments. requirement necessary to complete the of focused practical and other field Limited travel to professional educational program as qualifying experiences is not required when those conferences would generally be employment for the service obligation. experiences are not part of the curricula allowable under this description. Finally, we proposed some changes of a short-term certificate program. Change: We modified final § 386.32(d) regarding deferrals and exceptions. For to use this language and make clear that § 386.31 Grant Funds an exception based on disability, the limited travel to professional scholar must have a disability either Comment: One commenter raised conferences is an allowable cost. concerns about the provision in that did not exist at the time the scholar § 386.33 Requirements for Grantees entered the program or that has proposed § 386.31(c) that prohibits a worsened since the scholar entered the scholar from receiving concurrent Comment: One commenter stated that program. The documentation of scholarships from multiple projects, the requirement in proposed disability must be less than three noting that this could inadvertently bar § 386.33(c)(2), that a scholar’s job months old. With regard to deferrals, the students from certificate areas that functions be ‘‘directly relevant’’ to the proposed changes included: (1) allowing could increase their employability. The field of study in which his or her for up to four years deferral for a prohibition could, for example, bar a training was received, is potentially member on active duty in the Armed scholar on summer break from a ambiguous and difficult to apply. The Forces, an increase from the three years program leading to a master’s degree commenter noted, for example, that in prior regulations; and (2) restricting from receiving a scholarship to many States do not have a job category a deferral based on a scholar’s pursuing participate in a certificate program. of Rehabilitation Counselor for the Deaf. higher education only to advanced Discussion: The prohibition in A person might graduate from a education that is in the rehabilitation § 386.31(c) was intended to prevent the deafness training program but get a job field. practice of funding scholars from as a generalist and still see deaf, hard of There are four differences between the multiple grants for the same academic hearing, and general caseload NPRM and these final regulations. term. This practice leads to customers. It is unclear if this job is • We clarify in final § 386.20(b)(2)(iii) complications in reporting and in ‘‘directly relevant’’ to the scholar’s field that the selection criterion applies only accurately tracking whether the scholar of study. to those programs that require practica is meeting the service obligation. Discussion: We agree with the and field experiences as part of their The provision at final 386.31(c) does commenter that decisions about the curricula. not prohibit a scholar from receiving a relationship between a scholar’s training • To clarify allowable travel costs, we scholarship for a summer certificate and eventual employment are complex conform the language about student program while that scholar is in a and that decisions about whether the travel in final § 386.32(d) to the master’s degree supported by a employment qualifies to repay the language of student travel in the scholarship under this program, so long service obligation need to be made case- definition of ‘‘scholarship’’ in final as the scholar is not also enrolled in the by-case. The proposed § 386.33 was our § 386.4. master’s degree program during the effort to address this issue. We believe • In final § 386.31(c), we clarify the summer. this language provides the necessary prohibition on concurrent scholarships Changes: Because final § 386.31(c) flexibility for sometimes difficult case- by setting out the grantee’s obligation to describes grantee responsibilities, we by-case analyses. For example, an make a good-faith effort to avoid have reworded the provision to better individual graduating from a program awarding a scholarship to any scholar reflect the intent behind it—that the focused on rehabilitation of individuals who is currently receiving another grantee must make good faith efforts to who are deaf but who ultimately finds scholarship under this program. ensure that concurrent scholarships employment as a general VR counselor • We further clarify the prohibition under this program are not awarded to has job functions ‘‘directly relevant’’ to on concurrent scholarships by adding a a scholar. In addition, in order to ensure his or her field of study. The individual

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is providing services for which he or she Training—that better describes the needs of qualified interpreters in order was specifically trained, and, as a nature of activities to be funded under to effectively meet the communication practical matter, it is unrealistic in this this authority; (2) clarifying that the needs of individuals who are deaf or case to expect all consumers served to Secretary may award grants to develop hard of hearing and individuals who are be deaf. new and improved methods of training deaf-blind; (3) amending the definition Changes: None. not only for the rehabilitation personnel of a qualified professional in order to of State vocational rehabilitation ensure that the highest level of § 386.43 Failure To Meet Terms and agencies, but also for rehabilitation competency is incorporated into the Conditions of the Scholarship personnel of other public or non-profit training of interpreters; (4) adding Agreement rehabilitation service agencies or selection criteria for the program to Comment: One commenter sought organizations; and (3) addressing new encourage evidence-based and clarification about calculating the date statutory language in section 101(a)(7) of promising practices; and (5) adding in which repayment status begins under the Act related to rehabilitation priorities for increasing the skill level of proposed § 386.43(e)(2). The commenter personnel having a 21st century interpreters in unserved or underserved referred to a situation in which the grace understanding of the evolving labor geographic areas, existing programs that period has ended but a scholar finds force and the needs of individuals with have demonstrated their ability to raise qualifying employment only several disabilities so they can more effectively the skill level of interpreters to meet the months later, asking specifically provide vocational rehabilitation highest standards approved by whether the scholar enters repayment services to individuals with disabilities. certifying associations, and specialized immediately upon expiration or There are no differences between the topical training. whether it is possible to be granted an NPRM and these final regulations. There are a number of changes extension in order to complete the Public Comment: In response to our between the NRPM and these final service obligation. invitation in the NPRM, no parties regulations: Discussion: According to final submitted comments on the proposed • In final § 396.1(a), we modified the § 386.43(e)(2), a scholar enters into regulations amending the Innovative description of the interpreter training repayment status when the failure to Rehabilitation Training program (part program to more accurately describe enter into employment makes it 387). what interpreters for the deaf, hard of impossible for that scholar to complete hearing, and deaf-blind do. Rehabilitation Short-Term Training the employment obligation within the • In final § 396.4(c), we modified the Program, 34 CFR Part 390 number of years required in final definitions of individual who is hard of § 386.40(a)(8). Given that a scholar who Summary of Changes hearing and individual who is deaf to has not entered into qualifying remove phrases offensive to some. In the preamble of the NPRM, we • employment at the time the grace period discussed on page 21007 the major In § 396.4(c), we added a definition has ended cannot satisfy the change proposed to part 390 needed to of novice interpreter. • In final § 396.31(c), we clarified that requirements in final § 386.40(a)(8), the improve the Rehabilitation Short-Term the selection criterion applies to any scholar referenced above by the Training program. In the NPRM, we commenter would immediately be curricula submitted by an applicant. proposed to add an additional selection • In final § 396.33(b), and with a placed in repayment status once the criterion for grant competitions under grace period has ended. The Secretary conforming change in final § 396.20(b), this program—evidence of training we added a priority for serving unserved has no explicit authority to grant an needs as identified through training extension of time to this scholar based or underserved deaf, hard of hearing, needs assessment. and deaf-blind populations that are not solely upon the failure to complete the There are no differences between the service obligation by the time the grace defined by geographic area. NPRM and these final regulations. Public Comment: In response to our period has ended. Section 386.41(c), Public Comment: In response to our invitation in the NPRM, four parties however, allows the Secretary to grant a invitation in the NPRM, no parties submitted comments on the proposed deferral of the repayment requirement submitted comments on the proposed regulations amending the Training of under limited circumstances and based regulation amending the Rehabilitation Interpreters for Individuals Who Are upon credible evidence submitted on Short-Term Training program (part 390). Deaf or Hard of Hearing and Individuals behalf of the scholar. There is nothing Who Are Deaf-Blind program (part 396). in this provision that would prohibit the Training of Interpreters for Individuals We organize our discussion by section Secretary from considering the granting Who are Deaf or Hard of Hearing and and subject. of a deferral of the repayment Individuals Who are Deaf-Blind, 34 CFR Part 396 requirement for scholars that need only § 396.1 Description of the Program a limited amount of extra time to satisfy Summary of Proposed Changes Comment: One commenter stated that the service obligation. In the preamble of the NPRM, we the description of the program in Changes: None. discussed on pages 21007 through proposed § 396.1(a) was not accurate. Innovative Rehabilitation Training 21009 the major changes proposed in The commenter stated that the Program, 34 CFR Part 387 part 396 implementing the amendments description of interpretation and to the Training of Interpreters for transliteration is too narrow, involving Summary of Changes Individuals Who Are Deaf or Hard of only spoken language and limiting In the preamble of the NPRM, we Hearing and Individuals Who Are Deaf- training activities to interpreters who discussed on pages 21006 through Blind program, as well as changes can hear spoken language. Deaf 21007 the major changes proposed to needed to improve the program. These interpreters, the commenter stated, are part 387 implementing the amendments included: (1) Adding individuals who precluded from training described in to the Innovative Rehabilitation are hard of hearing to the individuals this way. Training program made by WIOA. These served by this program; (2) amending The commenter also stated that the include: (1) Adopting a new name for the regulations to ensure that the term ‘‘transliterate’’ is not always the the program—Innovative Rehabilitation program accurately reflects the training correct term when describing the

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activity of conveying spoken language whether the absence of the term in the may propose only one curriculum in messages into tactile mode (or vice NPRM meant that we were removing the future competitions under this program. versa); rather, this is often 2005 definition and recommended that Change: We have modified the interpretation. we include an updated definition of selection criterion to apply to ‘‘any Discussion: We agree with the ‘‘novice interpreter’’ in the final rule. curricula.’’ commenter that our proposed The commenter suggested an updated § 396.33 Priorities description was inadequate. definition. Changes: We have changed the Discussion: The omission of the Unserved and Underserved Populations description of the program in final definition of ‘‘novice interpreter’’ in the Comment: One commenter supported § 396.1(a) to be more inclusive and to NPRM was an oversight. In this final the priority in proposed § 396.33(b)(1) use the terms ‘‘transliterate’’ and rule, we have built upon the 2005 for increasing the skills of interpreters ‘‘interpret’’ more accurately. definition of ‘‘novice interpreter,’’ for the deaf, hard of hearing, or the deaf- taking into consideration the comment § 396.2 Eligibility blind in unserved or underserved we received on the NPRM. There, we geographic areas. The commenter Comment: One commenter stated that proposed an amendment to the expressed concern, however, that this the types of institutions that can apply definition of ‘‘qualified professional’’ to section does not include a priority for for grant funds to train interpreters be consistent with the final priority these individuals in unserved and under this program should be limited to published in the Federal Register on underserved populations, who may not bachelor’s degree granting institutions, September 1, 1999 (64 FR 48068), and be located in easily defined geographic because an individual must have a to mean an individual who has (1) met areas. The commenter observed that bachelor’s degree in order to sit for the existing certification or evaluation there are growing segments of deaf, hard national performance examination for requirements equivalent to the highest of hearing, and deaf-blind communities sign language interpreters. standards approved by certifying that will increasingly challenge the Discussion: Entities eligible for grants associations; or (2) successfully interpreting workforce, including but under this program are set by the Act demonstrated interpreting skills that not limited to individuals considered and reflected in § 396.2. reflect the highest standards approved ‘‘Deaf+,’’ individuals from minority and Changes: None. by certifying associations through prior immigrant communities, individuals § 396.4 Definitions work experience. with cochlear implants, individuals We proposed this change to ensure pursuing high-level professional Individual Who is Hard of Hearing that the highest level of competency is training and careers, and individuals Comment: One commenter incorporated into the training of who lose their hearing later in life and recommended replacing the term interpreters in interpreter training have limited communication skills. ‘‘hearing impairment’’ in the definition programs funded by RSA. Since 2000, Discussion: We agree with the of ‘‘individual who is hard of hearing’’ the Department has funded national and commenter that we should have a because it is offensive to some. The regional interpreter education centers priority for training interpreters to serve commenter proposed using ‘‘deaf, hard that train qualified interpreters to meet individuals who are deaf, hard of of hearing and DeafBlind individual’’ the competencies equivalent to the hearing, or deaf-blind in both unserved instead, because this language more highest standards approved by and underserved populations and in accurately reflects language used by the certifying associations. Thus, this unserved and underserved geographic deaf, hard of hearing, and DeafBlind standard has been in effect for 15 years, areas. communities. and we proposed to change the Changes: We have amended final Discussion: We agree that we should definition to reflect this reality. § 396.33(b)(1) to add a priority for try to avoid the use of language that The updated definition of ‘‘novice serving unserved or underserved deaf, some may find offensive. interpreter’’ complements the update to hard of hearing, or deaf-blind Changes: We have removed ‘‘hearing the definition of ‘‘qualified populations that may not be limited to impairment’’ from the definition of professional,’’ and we are making the specific geographic areas. We have ‘‘individual who is hard of hearing’’ in update to the definition of ‘‘novice made a conforming change in final final § 396.4(c). Rather than inserting interpreter’’ for the same reasons. This § 396.20(b). the language the commenter proposed, definition of ‘‘novice interpreter’’ is also Bachelors’ Degree, Accredited, Existing however, we have streamlined the consistent with the update suggested in Programs definition. We made similar changes in the comment we received. the definition of ‘‘individual who is Change: We have revised final Comment: One commenter urged RSA deaf’’ in this section. § 396.4(c) to include an updated to include a priority for applications However, the definition of definition of ‘‘novice interpreter.’’ from postsecondary institutions that offer at least a bachelor’s degree in ‘‘individual who is deaf-blind,’’ which § 396.31 Selection Criteria also contains the phrase ‘‘hearing interpreter education. The commenter impairment,’’ is, in our experience, one Comment: One commenter pointed also recommended an additional that is more widely accepted. Therefore, out that the selection criterion proposed priority giving preference to programs we have not made changes to this in § 396.31(c) says only that the that have achieved Commission on definition. Secretary will evaluate a proposed Collegiate Interpreter Education (CCIE) ‘‘curriculum’’ for the training of accreditation. Novice Interpreter interpreters based upon evidence-based Discussion: We created the priority for Comment: One commenter noted that or promising practices when many postsecondary institutions that offer at the NPRM contained no definition of curricula, in fact, could be and have least a bachelors’ degree in the August ‘‘novice interpreter,’’ yet the term was been proposed. 3, 2005, notice of final priorities for the defined in the August 3, 2005, notice of Discussion: We had no intention to Interpreter Training Program (70 FR final priority (70 FR 44834). The suggest that only a single, universal 44834). It is not necessary to recreate the commenter expressed uncertainty curriculum existed or that applicants priority here because the 2005 priority

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still exists and can be used in future applications for the program transitional rehabilitation services to competitions. competition published in the Federal youth with disabilities. Further, § 396.33(b)(2) already Register and will occur prior to the We proposed to remove as outdated encompasses the accreditation priority submittal of the grant application and part 376 governing the Special Projects the commenter described. The phrase prior to the grant award. This provision, and Demonstrations for Providing ‘‘existing programs’’ refers to any therefore, does not conflict with 2 CFR Transitional Rehabilitation Services to program, including those at 200.306. Youth with Disabilities program and postsecondary institutions that offer and Changes: None. part 377 governing the Demonstration have awarded at least a bachelor’s Projects to Increase Client Choice degree in interpreter education. While General Comments program. we will not give preference to CCIE or Comment: One commenter indicated We proposed to remove as duplicative other certifying organizations, the that replacing the term ‘‘skilled and outdated part 389 governing the phrase ‘‘highest standards approved by interpreter’’ with ‘‘qualified interpreter’’ Rehabilitation Continuing Education certifying associations’’ already includes does not accomplish much since neither programs. them. term is particularly precise. Because the Department’s Changes: None. Discussion: We use ‘‘qualified administration of grants under the State Comment: One commenter asked interpreter’’ simply to conform part 396 Vocational Rehabilitation Unit In- whether the term ‘‘programs’’ in to section 302(f) of the Act. Service Training program and the proposed § 396.33(b)(2) means either a Changes: None. Migrants and Seasonal Farmworkers pre-service or an in-service program. Comment: One commenter suggested Program will be complete on September Discussion: The term ‘‘programs’’ in changing the number of centers that 30, 2016, we proposed to make the final § 396.33(b)(2) refers both to pre- receive funding under this program. removal of part 369 and part 388 service and in-service programs. Currently, five regional centers and one effective on September 30, 2016. Changes: None. national center receive funding. The Comment: In response to our Consumer Education commenter suggested one national invitation in the NPRM, no parties submitted comments on the removal of Comment: One commenter expressed center, with three regional centers that focus on three areas: educating those any of these regulations. concern about the lack of mention of Discussion: Upon further review, the consumer education in proposed individuals who are preparing interpreters, ensuring a strong language Department has determined that the § 396.33(b). The commenter indicated remaining grant for the Migrants and that this was a new area in the foundation in both American Sign Language and English for sign language Seasonal Farmworkers program can competitions for this program in 2005 incorporate the pertinent provisions of and again in 2010, and the resulting interpreters, and developing a national interpreter education curriculum. Part 369 into its terms and conditions. deaf advocacy training has been Therefore, there is no need to delay the important. Discussion: The proposed regulations do not address the structure of this effective date for which part 369 will be Discussion: As the commenter removed because the terms and indicated, interpreter training centers program. When we run a competition to meet new and emerging needs of deaf conditions will still apply to the one funded under this program have remaining grant after part 369 is addressed consumer education over the consumers and the training of interpreters, we will publish a notice of removed. We have also determined that past 10 years. We believe that promising it makes more sense to make the practices and resources developed for proposed priority in the Federal Register and seek public comment about removal of the part 388 regulations consumer education, specifically those coincide with the start of the new fiscal developed under final § 396.33(b)(3)— how to structure the program. Changes: None. year, rather than the end of the old fiscal specialized topical training based on the year. Therefore, we have moved the needs of individuals who are deaf or Regulations To Be Removed removal date for part 388 forward one hard of hearing and individuals who are day to October 1, 2016. deaf-blind—have been particularly In the preamble of the NPRM, we discussed on page 21009 those Changes: Part 369 will be removed effective. We agree that deaf advocacy when the final regulations take effect. training has been an important focus regulations that we proposed to remove as required by WIOA, which Part 388 will be removed on October 1, area for the training of interpreters for 2016. individuals who are deaf, hard of deauthorized the Projects with Industry hearing, and individuals who are deaf- program (part 379), the State Vocational Regulatory Impact Analysis Rehabilitation Unit In-Service Training blind, and we can continue the training Executive Order 12866 without adding a priority here. program (part 388), the Migrants and Changes: None. Seasonal Farmworkers program Under Executive Order 12866, the (§ 369.1(b)(3) and § 369.2(c)), and the Secretary must determine whether this § 396.34—Cost Matching Recreation Programs for Individuals regulatory action is ‘‘significant’’ and, Comment: One commenter suggested with Disabilities program (§ 369.1(b)(5) therefore, subject to the requirements of that the requirement in proposed and § 369.2(d)). the Executive order and subject to § 396.34 that the grantee contribute to We also proposed to remove, as review by the Office of Management and the cost of a project under this program duplicative or superseded, the balance Budget (OMB). Section 3(f) of Executive in an amount satisfactory to the of part 369 pertaining to three other Order 12866 defines a ‘‘significant Secretary may conflict with 2 CFR kinds of vocational rehabilitation (VR) regulatory action’’ as an action likely to 200.306. The commenter also indicated service projects: VR service projects for result in a rule that may— that having the Secretary determine the American Indians with disabilities, (1) Have an annual effect on the amount of the match at the time of the special projects and demonstrations for economy of $100 million or more, or grant award may delay grant activity. providing VR services to individuals adversely affect a sector of the economy, Discussion: The matching amount with disabilities, and special projects productivity, competition, jobs, the will be specified in the notice inviting and demonstrations for providing environment, public health or safety, or

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State, local, or tribal governments or We have also determined that this receive no benefit from the training and communities in a material way (also regulatory action would not unduly technical assistance supported by the referred to as an ‘‘economically interfere with State, local, and tribal Department, the 56 grantees would significant’’ rule); governments in the exercise of their experience a collective loss in benefits (2) Create serious inconsistency or governmental functions. of $599,706. However, since the otherwise interfere with an action taken In accordance with both Executive Department will sponsor training and or planned by another agency; orders, the Department has assessed the technical assistance services directly for (3) Materially alter the budgetary potential costs and benefits, both this group in the amount of $599,706, impacts of entitlement grants, user fees, quantitative and qualitative, of this we expect there to be no net loss of or loan programs or the rights and regulatory action. The potential costs benefits. Additionally, as noted above, obligations of recipients thereof; or associated with this regulatory action the efficiencies realized by this (4) Raise novel legal or policy issues are those resulting from statutory centralization of training and technical arising out of legal mandates, the requirements and those we have assistance efforts may actually result in President’s priorities, or the principles determined as necessary for a net increase in benefits for grantees. stated in the Executive order. administering the Department’s This regulatory action is not a programs and activities. In assessing the Subpart C—What are the application significant regulatory action subject to potential costs and benefits—both requirements under this part? review by OMB under section 3(f) of quantitative and qualitative—of these Under this Subpart, we have removed Executive Order 12866. regulations, we have determined that the requirement for States to seek to We have also reviewed these the benefits would justify the costs. incorporate into the State Plan for regulations under Executive Order Independent Living (SPIL) any new 13563, which supplements and Part 367—Independent Living Services methods and approaches relating to explicitly reaffirms the principles, for Older Individuals Who Are Blind independent living services for older structures, and definitions governing In general, unless expressly noted individuals who are blind. regulatory review established in below, we do not estimate that changes Incorporating this information into the Executive Order 12866. To the extent to this part will result in any additional SPIL required minimal time permitted by law, Executive Order costs to grantees. (approximately 15 minutes) every three 13563 requires that an agency— Subpart B—Training and Technical years upon submission of the SPIL; (1) Propose or adopt regulations only Assistance therefore, any savings realized from this upon a reasoned determination that change will be negligible. their benefits justify their costs New Subpart B of Part 367 Subpart E—How does the Secretary (recognizing that some benefits and implements the WIOA amendment award formula grants? costs are difficult to quantify); requiring the Department to reserve (2) Tailor its regulations to impose the from 1.8 to 2 percent of appropriated Under Subpart E, we have clarified least burden on society, consistent with funds for training and technical that OIB grantees are to inform the obtaining regulatory objectives and assistance to grantees. While this Secretary 45 days prior to the end of the taking into account—among other things reservation will result in a reduction in fiscal year whether funds will be and to the extent practicable—the costs funding available to grantees, we believe available for reallotment. We do not of cumulative regulations; that these training and technical believe that this requirement will (3) In choosing among alternative assistance projects will increase the generate additional costs to grantees, as regulatory approaches, select those efficiency of the program and provide the change only provides a timeline for approaches that maximize net benefits substantial benefits to both grantees and an action that is already occurring and (including potential economic, the older individuals who are blind that does not, therefore, generate any new environmental, public health and safety, they serve. burden on grantees. and other advantages; distributive To ensure that grantees receive the Part 370—Client Assistance Program impacts; and equity); maximum amount of funds available for (4) To the extent feasible, specify the provision of services to individuals, WIOA requires that the set-aside for performance objectives, rather than the we will initially provide funding for training and technical assistance for behavior or manner of compliance a training and technical assistance at the CAP take effect in any fiscal year in regulated entity must adopt; and minimum allowable level of 1.8 percent. which the appropriation equals or (5) Identify and assess available Prior to this regulation, grantees have exceeds $14,000,000. Section alternatives to direct regulation, been largely responsible for meeting the 112(e)(1)(F) of the Act, as amended by including economic incentives—such as training needs of their program staff. WIOA, requires the Secretary to reserve user fees or marketable permits—to This may have contributed to not less than 1.8 percent and not more encourage the desired behavior, or duplicative training and technical than 2.2 percent of the CAP provide information that enables the assistance efforts across grantees that appropriation for this purpose. In FY public to make choices. could have easily been coordinated 2016, the appropriation for CAP is Executive Order 13563 also requires nationally. The coordination of these $13,000,000, and so the set-aside for an agency ‘‘to use the best available efforts by RSA will generate efficiencies training and technical assistance would techniques to quantify anticipated across the entire program, thus not take effect. An increase of 7.7 present and future benefits and costs as providing more benefits to grantees than percent in the program’s appropriation accurately as possible.’’ The Office of they would have realized if the funds would be required before the set-aside Information and Regulatory Affairs of had been directly provided to them. would become effective. Thus, the set- OMB has emphasized that these Based on the FY 2016 authorized aside will not have a substantial impact techniques may include ‘‘identifying appropriation of $33,317,000 for the OIB on the activities of grantees for some changing future compliance costs that program under WIOA, the estimated set- time. Assuming the Department sets might result from technological aside is $599,706, calculated from the aside a minimum of 1.8 percent to innovation or anticipated behavioral minimum percentage established by the ensure that grantees receive the changes.’’ Act. Therefore, if grantees were to maximum amount of funds available for

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the provision of services to individuals requirement to provide training and requirements that we do not believe this when the appropriation reaches technical assistance was triggered in FY new requirement will represent a $14,000,000, the Department would be 1994, the Department has historically substantial burden on grantees. required to reserve $252,000 to provide funded the training and technical However, if we assume that obtaining training and technical assistance assistance at the 1.8 percent level to this additional documentation will take, support to grantees. Additionally, as ensure that grantees receive the on average, 10 minutes per scholar, and noted above in the discussion of costs maximum amount of funds available for using a wage rate of $17.69 (the mean and benefits associated with Part 367, the provision of services to individuals. hourly wage for office and we believe that the consolidation of Therefore, the revision to § 381.20(a)(1) administrative support staff at colleges, training and technical assistance in these final regulations will have no universities, and professional schools) activities at the national level will impact on PAIR grantees since the and the 1,367 scholars receiving support ultimately yield net benefits to grantees amendment was primarily technical in in FY 2014, we estimate this provision greater than if those activities were nature. will cost $4,030.37. coordinated locally. Part 385—Rehabilitation Training § 386.34 (Assurances) Part 371—American Indian Vocational We do not anticipate any changes to Changes to this section require Rehabilitation Services Program this section resulting in increased grantees to annually obtain signed New Subpart B of Part 371 burden or costs for grantees. executed agreements with scholars implements the WIOA amendment containing the terms and conditions requiring the Department to reserve Part 386—Rehabilitation Long-Term outlined in this section. It has been the from 1.8 to 2 percent of appropriated Training Department’s policy to encourage funds for training and technical Except as detailed below, we do not annual updating of scholar information; assistance to grantees. While this anticipate changes to this section to these regulations simply formalize this reservation will result in a reduction in result in increased burden or costs for policy. As such, we estimate that these funding available to grantees, we believe grantees. changes to the regulation will have little actual impact on grantees or scholars. that these training and technical § 386.31 (Funding Requirement) assistance projects will increase the However, if grantees were previously efficiency of the program and provide Section 386.31 requires that program only collecting these agreements once substantial benefits to both grantees and grantees dedicate 65 percent to per scholar rather than every year that American Indians with disabilities. scholarships rather than 75 percent as support is received, there will be Based on the FY 2016 amount set required by prior regulations. This additional costs. Of all scholars reported aside by the Department from the State requirement will apply to both the in qualifying employment in FY 2014, VR program for the AIVRS program federal award and the non-federal share. 88.4 percent received support for more (approximately $43,000,000), the This change acknowledges the fact that than one year. If we assumed that this estimated reservation of funds for grantees incur costs in administering change required an additional half hour training and technical assistance is these programs, particularly in terms of of time each year beyond the first year $774,000. As noted above, since these staff time needed to track scholar of support to update their information funds are being used to provide services progress in completing their program of with their program, and using an and support to grantees, we do not study and their service obligation. This average wage rate of $17.69, we estimate anticipate any net loss of benefit. decrease in the cost to grantees brought an additional cost of $10,641 (given that However, if efficiencies are realized due about by changes in § 386.31 balances we estimate that 1,203 of the 1,367 to centralized coordination of these some of the increased costs created by scholars receiving support in FY 2014 activities, grantees may experience a net changes made in other sections of the were multi-year scholars). We gain in benefits. regulations. In FY 2014, the Department emphasize that this is an overestimate, made approximately $17,075,000 in as this change simply conforms the Part 373—Rehabilitation National new or continuation awards under the regulations to current practice. Activities Program Rehabilitation Long-Term Training § 386.40 (Requirements for Scholars) We do not anticipate any changes to program. Assuming all grantees made this section resulting in increased the minimum match of 10 percent of the In § 386.40(a)(7), we clarify the type of burden or costs for grantees. project cost, the reduction in the employment a scholar must obtain to scholarship requirement will free up complete the service obligation in order Part 381– Protection and Advocacy for approximately $1,897,000 in project to ensure that the funds used for Individual Rights Program funding to be used for activities other scholarships will benefit individuals As it had in prior regulations, than scholarship support. While this with disabilities served through the § 381.20(a)(1) requires the Secretary, does not represent any additional State vocational rehabilitation program when the PAIR appropriation equals or funding for grantees, it does represent and related agencies. This change exceeds $5,500,000, to set aside between additional flexibility provided by the largely reflects current policy and 1.8 and 2.2 percent of these funds for regulation. should not result in an increased burden training and technical assistance. The on grantees or scholars. Changes to amendments made by WIOA simply § 386.33 (Disbursing Scholarships) § 386.40(b) establishes a new policy clarify that the funding mechanism for Changes to this section require addressing when scholars may begin the training and technical assistance grantees to document that scholars will qualifying employment while may include a grant, contract, or seek employment in the field of study § 386.40(c) affirms the longstanding cooperative agreement, all of which had in which the scholar was provided RSA practice that scholars who pursued been available to the Secretary training or employment where it can be coursework on a part-time basis should previously. We amended § 381.20(a)(1) demonstrated that the field of study is have their service obligations calculated to clarify explicitly the availability of directly relevant to the job functions on a full-time equivalent basis. As noted these funding mechanisms for training being performed. Currently, grantees above, 88.4 percent of the scholars and technical assistance. Since the obtain sufficient documentation of other completing their service obligations in

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FY 2014 received support for more than Part 387—Innovative Rehabilitation This document provides early one year and would have been, Training Program notification of our specific plans and therefore, eligible to benefit from the We do not anticipate any changes to actions for these programs. changes in § 386.40(b). However, this section resulting in increased Assessment of Educational Impact because the changes in § 386.40(b) do burden or costs for grantees. not change the length of a scholar’s In the NPRM we requested comments service obligation and § 386.40(c) Part 390—Rehabilitation Short-Term on whether the proposed regulations would require transmission of simply codifies existing RSA practice, Training Program information that any other agency or we do not estimate that these provisions Changes to § 390.30 adds a selection authority of the United States gathers or will result in any net costs or savings. criterion that the Secretary will review makes available. We received no Finally, changes in § 386.40(d) make each application for evidence of training comments, and we do not believe that scholars in repayment status responsible needs as identified through training these final regulations would require for any collection costs if they do not needs assessments. While conducting a transmission of this sort of information. provide appropriate information to the training needs assessment prior to grantee in a timely manner but provide application may result in increased Federalism that information after being placed in costs for applicants, because the Executive Order 13132 requires us to repayment status. In FY 2014, the regulation simply adds this as one ensure meaningful and timely input by Department referred 44 scholars for selection criterion among several and State and local elected officials in the repayment totaling $486,471. Assuming allows applicants to use needs development of regulatory policies that that collection costs total 3 percent of assessments conducted by other entities, have federalism implications. the balance of the repayment, we we do not anticipate that applicants will ‘‘Federalism implications’’ means estimate total collection costs of realize any actual increased costs substantial direct effects on the States, associated with this provision. $14,594. However, we note that on the relationship between the collection costs, if the debts are referred Part 396—Training of Interpreters for National Government and the States, or to third-party collection agencies, can Individuals Who Are Deaf or Hard of on the distribution of power and range as high as 30 percent. Hearing and Individuals Who Are Deaf- responsibilities among the various Nonetheless, if 5 percent of this Blind levels of government. In the NPRM, we stated that the proposed regulations may repayment amount involved scholars Changes to § 396.34 require grantees have federalism implications and who were referred to repayment based to provide matching funds to support encouraged State and local elected upon failing to provide the information projects in an amount determined by the officials to review and provide in paragraph (a)(10) of this section and Secretary at the time of the grant award. comments on the proposed regulations. these scholars became eligible for a While this matching requirement did We received no comments on this refund of any debts paid based upon the not previously exist in the regulations, subject. scholars subsequently providing the it was a statutory requirement and, Accessible Format: Individuals with correct information, this additional while the Department did not require disabilities can obtain this document in requirement could save the Department grantees to document the match, we do an accessible format (e.g., braille, large $729.70 (using the assumption of a 3 not believe that any prior grantees did print, audiotape, or compact disc) on percent collection cost) by making these not contribute any funds to the project, request to the person listed under FOR scholars responsible for the collection either in cash or in kind. As such, we FURTHER INFORMATION CONTACT. costs. If we assume a higher rate of do not believe this provision will result Electronic Access to This Document: collection costs, the savings would be in any increased costs for grantees. The official version of this document is higher. Paperwork Reduction Act of 1995 the document published in the Federal Register. Free Internet access to the § 386.41 (Granting Deferrals and The Paperwork Reduction Act of 1995 official edition of the Federal Register Exceptions) and § 386.42 (Applying for does not require you to respond to a and the Code of Federal Regulations is Deferrals and Exceptions) collection of information unless it available via the Federal Digital System displays a valid OMB control number. at: www.gpo.gov/fdsys. At this site you Sections 386.41 and 386.42 contain We display the valid OMB control can view this document, as well as all stricter regulations around exceptions numbers assigned to the collections of other documents of this Department and deferrals, particularly for information in these final regulations at published in the Federal Register, in individuals with disabilities, in order to the end of the affected sections of the text or Adobe Portable Document assure that individuals who benefit from regulations. Format (PDF). To use PDF you must scholarships funded by this program are Intergovernmental Review have Adobe Acrobat Reader, which is more likely to complete their service available free at the site. obligation. While these changes may These programs, except for the You may also access documents of the have impacts on the specific decisions American Indian Vocational Department published in the Federal made by scholars, they will not have a Rehabilitation Services Program, are Register by using the article search financial impact on the costs or benefits subject to Executive Order 12372 and feature at: www.federalregister.gov. for grantees, and will likely increase the the regulations in 34 CFR part 79. One Specifically, through the advanced benefits to individuals with disabilities of the objectives of the Executive order search feature at this site, you can limit served by State VR agencies and related is to foster an intergovernmental your search to documents published by agencies by ensuring that training is partnership and a strengthened the Department. federalism. The Executive order relies aligned with practice and that a greater (Catalog of Federal Domestic Assistance on processes developed by State and percentage of scholars complete their Numbers: 84.240A Protection and Advocacy local governments for coordination and service obligations rather than just of Individual Rights; 84.161A Client review of proposed Federal financial repaying the cost of their scholarships. Assistance Program; 84.177B Independent assistance. Living Services for Older Individuals Who

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Are Blind; 84.250J American Indian 34 CFR Part 387 Subpart C—What are the application Vocational Rehabilitation Services; 84.128G requirements under this Part? Grant programs-education, Reporting Vocational Rehabilitation Service Projects for 367.30 How does a designated State agency Migratory Agricultural Workers and Seasonal and recordkeeping requirements, Vocational rehabilitation (DSA) apply for an award? Farmworkers with Disabilities Program; 367.31 What assurances must a DSA 84.234 Projects With Industry; 84.128J 34 CFR Part 388 include in its application? Recreational Programs; and 84.265 State Vocational Rehabilitation Services Unit In Grant programs-education, Reporting Subpart D—How does the Secretary award Service Training) and recordkeeping requirements, discretionary grants? Vocational rehabilitation 367.40 Under what circumstances does the List of Subjects Secretary award discretionary grants to 34 CFR Part 389 States? 34 CFR Part 367 Grant programs-education, Reporting 367.41 How does the Secretary evaluate an Aged, Blind, Grant programs- and recordkeeping requirements, application for a discretionary grant? education, Grant programs-social Vocational rehabilitation Subpart E—How does the Secretary award programs, Reporting and recordkeeping 34 CFR Part 390 formula grants? requirements, Vocational rehabilitation Grant programs-education, Reporting 367.50 Under what circumstances does the 34 CFR Part 369 Secretary award formula grants to States? and recordkeeping requirements, 367.51 How are allotments made? Grant programs-social programs, Vocational rehabilitation 367.52 How does the Secretary reallot funds Reporting and recordkeeping 34 CFR Part 396 under this program? requirements, Vocational rehabilitation Education of individuals with Subpart F—What conditions must be met 34 CFR Part 370 disabilities, Grant programs-education, after an award? Individuals with disabilities, Reporting 367.60 When may a DSA make subawards Administrative practice and and recordkeeping requirements or contracts? procedure, Grant programs-social 367.61 What matching requirements apply? programs, Reporting and recordkeeping Dated: June 30, 2016. 367.62 What requirements apply if the requirements, Vocational rehabilitation John B. King, Jr., State’s non-Federal share is in cash? Secretary of Education. 367.63 What requirements apply if the 34 CFR Part 371 State’s non-Federal share is in kind? For the reasons discussed in the Grant programs-Indians, Grant 367.64 What is the prohibition against a preamble, under the authority of section State’s condition of an award of a sub- programs-social programs, Indians, 503(f) of the Workforce Innovation and award or contract based on cash or in- Vocational rehabilitation Opportunity Act (WIOA) (Pub. L. 113– kind contributions? 34 CFR Part 373 128) and section 12(c) of the 367.65 What is program income and how Rehabilitation Act of 1973, as amended may it be used? Grant programs-education, Vocational by WIOA (29 U.S.C. 709(c)), the 367.66 What requirements apply to the rehabilitation obligation of Federal funds and program Secretary of Education amends chapter income? 34 CFR Part 376 III of title 34 of the Code of Federal 367.67 May an individual’s ability to pay be Regulations as follows: Grant programs-social programs, considered in determining his or her ■ 1. Part 367 is revised to read as participation in the costs of OIB Reporting and recordkeeping follows: services? requirements, Vocational rehabilitation, 367.68 What notice must be given about the Youth PART 367—INDEPENDENT LIVING Client Assistance Program (CAP)? 34 CFR Part 377 SERVICES FOR OLDER INDIVIDUALS 367.69 What are the special requirements WHO ARE BLIND pertaining to the protection, use, and Grant programs-social programs, release of personal information? 367.70 What access to records must be Reporting and recordkeeping Subpart A—General requirements, Vocational rehabilitation provided? Sec. 367.71 What records must be maintained? 34 CFR Part 379 367.1 What is the independent living services for older individuals who are Authority: Sections 751–753 of the Business and industry, Grant blind program? Rehabilitation Act of 1973, as amended; 29 programs-social programs, Reporting 367.2 Who is eligible for an award? U.S.C. 796j–796l, unless otherwise noted. and recordkeeping requirements, 367.3 What activities may the Secretary Subpart A—General Vocational rehabilitation fund? 367.4 What regulations apply? § 367.1 What is the Independent Living 34 CFR Part 381 367.5 What definitions apply? Services for Older Individuals Who Are Grant programs-social programs, Subpart B—Training and Technical Blind program? Reporting and recordkeeping Assistance This program supports projects that— requirements, Vocational rehabilitation 367.20 What are the requirements for (a) Provide any of the independent funding training and technical assistance 34 CFR Part 385 under this chapter? living (IL) services to older individuals who are blind that are described in Grant programs-education, Reporting 367.21 How does the Secretary use these § 367.3(b); and recordkeeping requirements, funds to provide training and technical Vocational rehabilitation assistance? (b) Conduct activities that will 367.22 How does the Secretary make an improve or expand services for these 34 CFR Part 386 award? individuals; and 367.23 How does the Secretary determine Grant programs-education, Reporting funding priorities? (c) Conduct activities to help improve and recordkeeping requirements, 367.24 How does the Secretary evaluate an public understanding of the challenges Vocational rehabilitation application? of these individuals.

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(Authority: Section 752 of the Rehabilitation (Authority: Section 752(d) and (e) of the (ii) Be on behalf of— Act of 1973, as amended; 29 U.S.C. 796k(a) Rehabilitation Act of 1973, as amended; 29 (A) A single individual, in which case and (d)) U.S.C. 796k (d) and (e)) it is individual advocacy; § 367.2 Who is eligible for an award? § 367.4 What regulations apply? (B) A group or class of individuals, in which case it is systems (or systemic) Any designated State agency (DSA) is The following regulations apply to the advocacy; or eligible for an award under this program Independent Living Services for Older (C) Oneself, in which case it is self if the DSA— Individuals Who Are Blind program: advocacy. (a) Is authorized to provide (a) The Education Department General (3) Attendant care means a personal rehabilitation services to individuals Administrative Regulations (EDGAR) as assistance service provided to an who are blind; and follows: individual with significant disabilities (b) Submits to and obtains approval (1) 34 CFR part 75 (Direct Grant in performing a variety of tasks required from the Secretary of an application that Programs), with respect to grants under to meet essential personal needs in areas meets the requirements of section 752(h) subpart B and D. such as bathing, communicating, of the Act and §§ 367.30–367.31. (2) 34 CFR part 76 (State- cooking, dressing, eating, homemaking, Administered Programs), with respect to toileting, and transportation. (Authority: Section 752(a)(2) and 752(h) of grants under subpart E. the Rehabilitation Act of 1973, as amended; (4) Contract means a legal instrument 29 U.S.C. 796k(a)(2) and (h)) (3) 34 CFR part 77 (Definitions That by which RSA in subpart B or the DSA Apply to Department Regulations). receiving a grant under this part § 367.3 What activities may the Secretary (4) 34 CFR part 79 (Intergovernmental purchases property or services needed fund? Review of Department of Education to carry out the program under this Part. (a) The DSA may use funds awarded Programs and Activities). The term as used in this part does not under this part for the activities (5) 34 CFR part 81 (General Education include a legal instrument, even if RSA described in § 367.1 and paragraph (b) Provisions Act—Enforcement). or the DSA considers it a contract, when of this section. (6) 34 CFR part 82 (New Restrictions the substance of the transaction meets (b) For purposes of § 367.1(a), IL on Lobbying). the definition of a Federal award or services for older individuals who are (7) 2 CFR part 180 (OMB Guidelines subaward. blind include— to Agencies on Debarment and (Authority: 20 U.S.C. 1221e–3) (1) Services to help correct blindness, Suspension (Nonprocurement)), as such as— adopted at 2 CFR part 3485. (5) Designated State Agency means (i) Outreach services; (8) 2 CFR part 200 (Uniform the agency described in section (ii) Visual screening; Administrative Requirements, Cost 101(a)(2)(A)(i) of the Rehabilitation Act (iii) Surgical or therapeutic treatment Principles, and Audit Requirements for as the sole State agency authorized to to prevent, correct, or modify disabling Federal Awards), as adopted at 2 CFR provide rehabilitation services to eye conditions; and part 3474. individuals who are blind and (b) The regulations in this part 367. (iv) Hospitalization related to these administer the OIB grant. services; (Authority: Sections 12(c) and 752 of the (6) Independent living services for older individuals who are blind means (2) The provision of eyeglasses and Rehabilitation Act of 1973, as amended; 29 those services listed in § 367.3(b). other visual aids; U.S.C. 709(c) and 796k) (7) Legally authorized advocate or (3) The provision of services and § 367.5 What definitions apply? representative means an individual who equipment to assist an older individual (a) The definitions of terms used in is authorized under State law to act or who is blind to become more mobile this part that are included in the advocate on behalf of another and more self-sufficient; regulations identified in § 367.4 as individual. Under certain (4) Mobility training, Braille applying to this program. circumstances, State law permits only instruction, and other services and (b) In addition, the following an attorney, legal guardian, or equipment to help an older individual definitions also apply to this part: individual with a power of attorney to who is blind adjust to blindness; (1) Act means the Rehabilitation Act, act or advocate on behalf of another (5) Guide services, reader services, as amended by WIOA. individual. In other circumstances, State and transportation; (2) Advocacy means pleading an law may permit other individuals to act (6) Any other appropriate service individual’s cause or speaking or or advocate on behalf of another designed to assist an older individual writing in support of an individual. To individual. who is blind in coping with daily living the extent permitted by State law or the (8) Minority group means Alaska activities, including supportive services rules of the agency before which an Natives, American Indians, Asians, and rehabilitation teaching services; individual is appearing, a non-lawyer Blacks (African Americans), Hispanics (7) IL skills training, information and may engage in advocacy on behalf of (Latinos), Native Hawaiians, and Pacific referral services, peer counseling, another individual. Advocacy may— Islanders. individual advocacy training, (i) Involve representing an (9) Older individual who is blind facilitating the transition from nursing individual— means an individual age fifty-five or homes and other institutions to home (A) Before private entities or older whose severe visual impairment and community-based residences with organizations, government agencies makes competitive employment the requisite supports and services, and (whether State, local, or Federal), or in extremely difficult to obtain but for providing assistance to older a court of law (whether State or whom IL goals are feasible. individuals who are blind who are at Federal); or (10) Other IL services include: risk of entering institutions so that the (B) In negotiations or mediation, in (i) Counseling services, including individuals may remain in the formal or informal administrative psychological, psychotherapeutic, and community; and proceedings before government agencies related services; (8) Other IL services, as defined in (whether State, local, or Federal), or in (ii) Services related to securing § 367.5. legal proceedings in a court of law; and housing or shelter, including services

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related to community group living, that significant disabilities who are actively enable an older individual who is blind are supportive of the purposes of the pursuing IL goals. to benefit from another IL service and Act, and adaptive housing services, (12) Peer role models means travel and related expenses for an including appropriate accommodations individuals with significant disabilities attendant or aide if the services of that to and modifications of any space used whose achievements can serve as a attendant or aide are necessary to enable to serve, or to be occupied by, older positive example for other older an older individual who is blind to individuals who are blind; individuals who are blind. benefit from that IL service. (iii) Rehabilitation technology; (13) Personal assistance services (20) Unserved and underserved (iv) Services and training for older means a range of IL services, provided groups or populations, with respect to individuals who are blind who also by one or more persons, designed to groups or populations of older have cognitive and sensory disabilities, assist an older individual who is blind individuals who are blind in a State, including life skills training and to perform daily living activities on or include, but are not limited to, groups interpreter services; off the job that the individual would or populations of older individuals who (v) Personal assistance services, typically perform if the individual was are blind who— including attendant care and the not blind. These IL services must be (i) Have cognitive and sensory training of personnel providing these designed to increase the individual’s impairments; services; control in life and ability to perform (ii) Are members of racial and ethnic (vi) Surveys, directories, and other everyday activities on or off the job. minority groups; activities to identify appropriate (14) Service provider means— (iii) Live in rural areas; or (iv) Have been identified by the DSA housing, recreation opportunities, and (i) The DSA that directly provides as unserved or underserved. accessible transportation, and other services authorized under § 367.3; or support services; (ii) Any other entity that receives a (Authority: Unless otherwise noted, Section (vii) Consumer information programs subaward or contract from the DSA to 7 of the Rehabilitation Act of 1973, as on rehabilitation and IL services provide services authorized under amended; 29 U.S.C. 705) available under the Act, especially for § 367.3. Subpart B—Training and Technical minorities and other older individuals (15) Significant disability means a Assistance who are blind who have traditionally severe physical, mental, cognitive, or been unserved or underserved by sensory impairment that substantially § 367.20 What are the requirements for programs under the Act; limits an individual’s ability to function funding training and technical assistance (viii) Education and training independently in the family or under this chapter? necessary for living in a community and community or to obtain, maintain, or For any fiscal year, beginning with participating in community activities; advance in employment. fiscal year 2015, the Secretary shall first (ix) Supported living; (16) State means, except where reserve not less than 1.8 percent and not (x) Transportation, including referral otherwise specified in the Act, in more than 2 percent of funds and assistance for transportation; addition to each of the several States of appropriated and made available to (xi) Physical rehabilitation; the United States, the District of carry out this chapter to provide (xii) Therapeutic treatment; Columbia, the Commonwealth of Puerto training and technical assistance to (xiii) Provision of needed prostheses Rico, the United States Virgin Islands, DSAs, or other providers of independent and other appliances and devices; Guam, American Samoa, and the living services for older individuals who (xiv) Individual and group social and Commonwealth of the Northern Mariana are blind, that are funded under this recreational services; Islands. chapter for such fiscal year. (xv) Services under other Federal, (17) Subaward means a grant or a State, or local programs designed to (Authority: Section 751A(a) of the cooperative agreement provided by the provide resources, training, counseling, Rehabilitation Act of 1973, as amended; 29 DSA to a subrecipient for the U.S.C. 796j–1(a)) or other assistance of substantial benefit subrecipient to carry out part of the in enhancing the independence, § 367.21 How does the Secretary use these Federal award received by the DSA productivity, and quality of life of older funds to provide training and technical under this part. It does not include individuals who are blind; assistance? payments to a contractor or payments to (xvi) Appropriate preventive services (a) The Secretary uses these funds to an individual that is a beneficiary of a to decrease the need of older provide training and technical program funded under this part. A individuals who are blind who are assistance, either directly or through subaward may be provided through any assisted under the Act for similar grants, contracts, or cooperative form of legal agreement, including an services in the future; agreements with State and public or (xvii) Community awareness agreement that the DSA considers a non-profit agencies and organizations programs to enhance the understanding contract. and institutions of higher education that and integration into society of older (Authority: 20 U.S.C. 1221e–3) have the capacity to provide technical individuals who are blind; and (18) Subrecipient means a non- assistance and training in the provision (xviii) Any other services that may be Federal entity that receives a subaward of independent living services for older necessary to improve the ability of an from the DSA to carry out part of the individuals who are blind. older individual who is blind to program funded under this part; but (b) An entity receiving assistance in function, continue functioning, or move does not include an individual that is a accordance with paragraph (a) of this toward functioning independently in beneficiary of such program. A section shall provide training and the family or community or to continue subrecipient may also be a recipient of technical assistance to DSAs or other in employment and that are not other Federal awards directly from a service providers to assist them in inconsistent with any other provisions Federal awarding agency. improving the operation and of the Act. performance of programs and services (11) Peer relationships mean (Authority: 20 U.S.C. 1221e–3) for older individuals who are blind relationships involving mutual support (19) Transportation means travel and resulting in their enhanced and assistance among individuals with related expenses that are necessary to independence and self-sufficiency.

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(Authority: Section 751A(a) and (c) of the assistance under this program at the (d) The DSA will— Rehabilitation Act of 1973, as amended; 29 time, in the form and manner, and (1) Provide services that contribute to U.S.C. 796j–1(a) and (c)) containing the agreements, assurances, the maintenance of, or the increased § 367.22 How does the Secretary make an and information, that the Secretary independence of, older individuals who award? determines to be necessary to carry out are blind; and this program. (2) Engage in— (a) To be eligible to receive a grant or (i) Capacity-building activities, enter into a contract or cooperative (Approved by the Office of Management and including collaboration with other Budget under control number 1820–0660) agreement under section 751A of the agencies and organizations; Act and this subpart, an applicant shall (Authority: Sections 752 (h) and (i)(4) of the (ii) Activities to promote community submit an application to the Secretary Rehabilitation Act of 1973, as amended; 29 awareness, involvement, and assistance; containing a proposal to provide U.S.C. 796k(h) and (i)) and training and technical assistance to § 367.31 What assurances must a DSA (iii) Outreach efforts; and DSAs or other service providers of IL include in its application? (e) The applicant has been designated services to older individuals who are by the State as the sole State agency An application for a grant under blind and any additional information at authorized to provide rehabilitation section 752(h) or a reallotment grant the time and in the manner that the services to individuals who are blind. under section 752(i)(4) of the Act must Secretary may require. (Approved by the Office of Management and (b) The Secretary shall provide for contain an assurance that— (a) Grant funds will be expended only Budget under control numbers 1820–0660 peer review of applications by panels and 1820–0608) that include persons who are not for the purposes described in § 367.1; (b) With respect to the costs of the (Authority: Section 752(h) of the Federal or State government employees program to be carried out by the State Rehabilitation Act of 1973, as amended; 29 and who have experience in the pursuant to this part, the State will U.S.C. 796k(h)) provision of services to older make available, directly or through individuals who are blind. Subpart D—How does the Secretary donations from public or private award discretionary grants? (Authority: Section 751A(a) and (c) of the entities, non-Federal contributions Rehabilitation Act of 1973, as amended; 29 toward these costs in an amount that is § 367.40 Under what circumstances does U.S.C. 796j–1(a) and (c)) not less than $1 for each $9 of Federal the Secretary award discretionary grants to § 367.23 How does the Secretary funds provided in the grant; States? determine funding priorities? (c) At the end of each fiscal year, the (a) In the case of a fiscal year for The Secretary shall conduct a survey DSA will prepare and submit to the which the amount appropriated under of DSAs that receive grants under Secretary a report, with respect to each section 753 of the Act is less than section 752 regarding training and project or program the DSA operates or $13,000,000, the Secretary awards technical assistance needs in order to administers under this part, whether discretionary grants under this part on inform funding priorities for such directly or through a grant or contract, a competitive basis to States in training and technical assistance. that contains information that the accordance with section 752(b) of the Secretary determines necessary for the Act and EDGAR regulations at 34 CFR (Authority: Section 751A(b) of the proper and efficient administration of part 75 (Direct Grant Programs). Rehabilitation Act of 1973, as amended; 29 (b) The Secretary awards U.S.C. 796j–1(b)) this program, including— (1) The number and demographics of noncompetitive continuation grants for § 367.24 How does the Secretary evaluate older individuals who are blind, a multi-year project to pay for the costs an application? including older individuals who are of activities for which a grant was (a) The Secretary evaluates each blind from minority backgrounds, and awarded under this part—as long as the application for a grant, cooperative are receiving services; grantee satisfies the applicable agreement or contract under this subpart (2) The types of services provided and requirements in this part, the terms of on the basis of the selection criteria the number of older individuals who are the grant, and 34 CFR 75.250 through chosen from the general selection blind and are receiving each type of 75.253 (Approval of Multi-year criteria found in EDGAR regulations at service; Projects). 34 CFR 75.210. (3) The sources and amounts of (c) Subparts A, C, D, and F of this part (b) If using a contract to award funds funding for the operation of each project govern the award of competitive grants under this subpart, the Secretary may or program; under this part. conduct the application process and (4) The amounts and percentages of (Authority: Section 752(b) of the make the subsequent award in resources committed to each type of Rehabilitation Act of 1973, as amended; 29 accordance with 34 CFR part 75. service provided; U.S.C. 796k(b); 20 U.S.C. 1221e–3 and 3474) (5) Data on actions taken to employ, (Authority: Section 751A of the and advance in employment, § 367.41 How does the Secretary evaluate Rehabilitation Act of 1973, as amended; 29 qualified— an application for a discretionary grant? U.S.C. 796j–1(b), 20 U.S.C. 1221e–3, and (a) The Secretary evaluates an 3474) (i) Individuals with significant disabilities; and application for a discretionary grant Subpart C—What Are the Application (ii) Older individuals with significant based on the selection criteria chosen Requirements Under This Part? disabilities who are blind; from the general selection criteria found (6) A comparison, if appropriate, of in EDGAR regulations at 34 CFR 75.210. § 367.30 How does a designated State prior year activities with the activities of (b) In addition to the selection agency (DSA) apply for an award? the most recent year; and criteria, the Secretary considers the To receive a grant under section (7) Any new methods and approaches geographic distribution of projects in 752(h) or a reallotment grant under relating to IL services for older making an award. section 752(i)(4) of the Act, a DSA must individuals who are blind that are (Authority: Section 752(b) of the submit to and obtain approval from the developed by projects funded under this Rehabilitation Act of 1973, as amended; 29 Secretary of an application for part; U.S.C. 796k(b); 20 U.S.C. 1221e–3 and 3474)

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Subpart E—How Does the Secretary section 752(c) of the Act and this deposited in the account of the DSA in Award Formula Grants? subpart. accordance with State law for (c) A reallotment grant to a State expenditure by, and at the sole § 367.50 Under what circumstances does under paragraph (a) of this section is discretion of, the DSA for activities the Secretary award formula grants to subject to the same conditions as grants authorized by § 367.3; or States? made under section 752(a) of the Act (3) The expenditures are made with (a) In the case of a fiscal year for and this part. cash contributions from a donor that are which the amount appropriated under (d) Any funds made available to a earmarked for meeting the State’s share section 753 of the Act is equal to or State for any fiscal year pursuant to this for activities listed in § 367.3; greater than $13,000,000, grants under section are regarded as an increase in (b) Cash contributions are permissible this part are made to States from the allotment of the State under § 367.51 under paragraph (a)(3) of this section allotments under section 752(c)(2) of the for that fiscal year only. only if the cash contributions are not Act. (e) A State that does not intend to used for expenditures that benefit or (b) Subparts A, C, E, and F of this part expend the full amount of its allotment will benefit in any way the donor, an govern the award of formula grants must notify RSA at least 45 days prior individual to whom the donor is related under this part. to the end of the fiscal year that its by blood or marriage or with whom the (Authority: Section 752(c) of the grant, or a portion of it, is available for donor has a close personal relationship, Rehabilitation Act of 1973, as amended; 29 reallotment. or an individual, entity, or organization U.S.C. 796k(c)) (Approved by the Office of Management and with whom the donor shares a financial Budget under control number 1820–0660) § 367.51 How are allotments made? interest. (c) The receipt of a subaward or (a) For purposes of making grants (Authority: Section 752(i)(4) of the contract under section 752(g) of the Act under section 752(c) of the Act and this Rehabilitation Act of 1973, as amended; 29 U.S.C. 796k(i)(4)) from the DSA is not considered a benefit subpart, the Secretary makes an to the donor of a cash contribution for allotment to each State in an amount Subpart F—What Conditions Must Be purposes of paragraph (b) of this section determined in accordance with section Met After an Award? if the subaward or contract was awarded 752(i) of the Act. under the State’s regular competitive (b) The Secretary makes a grant to a § 367.60 When may a DSA make procedures. The State may not exempt DSA in the amount of the allotment to subawards or contracts? the awarding of the subaward or the State under section 752(i) of the Act A DSA may operate or administer the contract from its regular competitive if the DSA submits to and obtains program or projects under this part to procedures. approval from the Secretary of an carry out the purposes specified in (d) For purposes of this section, a application for assistance under this § 367.1, either directly or through— donor may be a private agency, a profit- program that meets the requirements of (a) Subawards to public or private making or nonprofit organization, or an section 752(h) of the Act and §§ 367.30 nonprofit agencies or organizations; or individual. and 367.31. (b) Contracts with individuals, entities, or organizations that are not (Authority: Section 752(f) of the (Approved by the Office of Management and public or private nonprofit agencies or Rehabilitation Act of 1973, as amended; 29 Budget under control number 1820–0660) organizations. U.S.C. 796k(f)) (Authority: Section 752(c)(2) of the (Authority: Sections 752(g) and (h) of the Rehabilitation Act of 1973, as amended; 29 § 367.63 What requirements apply if the Rehabilitation Act of 1973, as amended; 29 U.S.C. 796k(c)(2)) State’s non-Federal share is in kind? U.S.C. 796k(g) and (h)(2)(A)) In-kind contributions may be— § 367.52 How does the Secretary reallot § 367.61 What matching requirements (a) Used to meet the matching funds under this program? apply? requirement under section 752(f) of the (a) From the amounts specified in Non-Federal contributions required Act if the in-kind contributions meet the paragraph (b) of this section, the by § 367.31(b) must meet the requirements and are allowable under 2 Secretary may make reallotment grants requirements in 2 CFR 200.306 (Cost CFR 200.306; and to States, as determined by the sharing or matching). (b) Made to the program or project by Secretary, whose population of older the State or by a third party (i.e., an individuals who are blind has a (Authority: Section 752(f) of the Rehabilitation Act of 1973, as amended; 29 individual, entity, or organization, substantial need for the services U.S.C. 796k(f)) whether local, public, private, for profit, specified in section 752(d) of the Act or nonprofit), including a third party and § 367.3(b), relative to the § 367.62 What requirements apply if the that is a subrecipient or contractor that populations in other States of older State’s non-Federal share is in cash? is receiving or will receive assistance individuals who are blind. (a) Expenditures that meet the non- under section 752(g) of the (b) The amounts referred to in Federal share requirements of 2 CFR Rehabilitation Act. paragraph (a) of this section are any 200.306 may be used to meet the non- amounts that are not paid to States Federal share matching requirement. (Authority: Section 752(f) and (g) of the Rehabilitation Act of 1973, as amended; 29 under section 752(c)(2) of the Act and Expenditures used as non-Federal share U.S.C. 796k(f) and (g)) § 367.51 as a result of— must also meet the following (1) The failure of a DSA to prepare, requirements: § 367.64 What is the prohibition against a submit, and receive approval of an (1) The expenditures are made with State’s condition of an award of a sub- application under section 752(h) of the funds made available by appropriation award or contract based on cash or in-kind Act and in accordance with §§ 367.30 directly to the DSA or with funds made contributions? and 367.31; or available by allotment or transfer from (a) A State may not condition the (2) Information received by the any other unit of State or local making of a subaward or contract under Secretary from the DSA that the DSA government; section 752(g) of the Act on the does not intend to expend the full (2) The expenditures are made with requirement that the applicant for the amount of the State’s allotment under cash contributions from a donor that are subaward or contract make a cash or in-

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kind contribution of any particular year in which the program income was (3) Ensure costs are charged uniformly amount or value to the State. received, remain available for obligation so that all individuals are treated (b) An individual, entity, or and expenditure by the DSA during that equally; organization that is a subrecipient or succeeding fiscal year. (4) Ensure that if costs are charged or contractor of the State, may not (b) Federal funds appropriated for a financial need is considered, the condition the award of a subcontract on fiscal year under this part remain consumer’s required participation is not the requirement that the applicant for available for obligation in the so high that it effectively denies the the subcontract make a cash or in-kind succeeding fiscal year only to the extent individual a necessary service; contribution of any particular amount or that the DSA complied with its (5) Require documentation of an value to the State or to the subrecipient matching requirement by obligating, in individual’s participation in the cost of or contractor of the State. accordance with 34 CFR 76.707, the any IL services provided, including the (Authority: Section 752(f) and (g) of the non-Federal share in the fiscal year for determination of an individual’s Rehabilitation Act of 1973, as amended; 29 which the funds were appropriated. financial need; and U.S.C. 796k(f) and (g)) (c) Program income is considered (6) Provide that individuals who have earned in the fiscal year in which it is been determined eligible for Social § 367.65 What is program income and how received. Program income earned during Security benefits under Titles II and XVI may it be used? the fiscal year must be disbursed during of the Social Security Act may not be (a) Definition—Program income the time in which new obligations may charged any cost to receive IL services means gross income earned by the be incurred to carry out the work under this program. grantee, subrecipient, or contractor that authorized under the award, and prior (c) Policies on consumer financial is directly generated by a supported to requesting additional cash payments. participation. If a State permits other activity or earned as a result of the (Authority: Section 12(c) of the service providers to charge the costs of grant, subaward, or contract. Rehabilitation Act of 1973, as amended; 29 IL services provided under the (1) Program income received through U.S.C. 709(c)) Independent Living Services for Older the transfer of Social Security Individuals Who Are Blind program, or Administration program income from § 367.67 May an individual’s ability to pay chooses to allow other service providers the State Vocational Rehabilitation be considered in determining his or her to consider the ability of individual participation in the costs of OIB services? Services program (Title I) in accordance consumers to contribute to the cost of IL with 34 CFR 361.63(c)(2) will be treated (a) Participation of individuals in cost services provided through the as program income received under this of services. (1) A State is neither Independent Living Services for Older part. required to charge nor prohibited from Individuals Who Are Blind program, the (2) Payments received by the State charging consumers for the cost of IL State must require that such service agency, subrecipients, or contractors services provided under the providers comply with the State’s from insurers, consumers, or other for IL Independent Living Services for Older written policies regarding consumer services provided under the Individuals Who Are Blind program; financial participation in the cost of IL Independent Living Services for Older (2) If a State charges consumers or services. Individuals Who Are Blind program to allows other service providers to charge (Authority: Section 12(c) of the defray part or all of the costs of services for the cost of IL services provided under the Independent Living Services Rehabilitation Act of 1973, as amended; 29 provided to individual consumers will U.S.C. 709(c)). be treated as program income received for Older Individuals Who Are Blind under this part. program, a State is neither required to § 367.68 What notice must be given about (b) Use of program income. (1) nor prohibited from considering the the Client Assistance Program (CAP)? Program income, whenever earned, ability of individual consumers to pay The DSA and all other service must be used for the provision of for the cost of these services in providers under this part shall use services authorized under § 367.3. determining how much a particular formats that are accessible to notify (2) Program income must be added to consumer must contribute to the costs of individuals seeking or receiving services the Federal Award in accordance with a particular service. under this part about— 2 CFR 200.307(e)(2). (b) State policies on cost of services. (a) The availability of CAP authorized (3) Program income may not be used If a State chooses to charge or allow by section 112 of the Act; to meet the non-Federal share other service providers to charge (b) The purposes of the services requirement under § 367.31(b). consumers for the cost of IL services provided under the CAP; and provided under the Independent Living (Authority: Section 12(c) of the (c) How to contact the CAP. Services for Older Individuals Who Are Rehabilitation Act of 1973, as amended; 29 (Authority: Section 20 of the Rehabilitation U.S.C. 709(c)) Blind program and if a State chooses to Act of 1973, as amended; 29 U.S.C. 717) consider and allow other service § 367.66 What requirements apply to the providers to consider the ability of § 367.69 What are the special obligation of Federal funds and program individual consumers to pay for the cost requirements pertaining to the protection, income? of IL services provided under the use, and release of personal information? (a) Except as provided in paragraph Independent Living Services for Older (a) General provisions. The DSA and (b) of this section, any Federal funds, Individual Who Are Blind program, the all other service providers under this including reallotted funds, that are State must maintain policies that— part shall adopt and implement policies appropriated for a fiscal year to carry (1) Specify the type of IL services for and procedures to safeguard the out a program under this part that are which costs may be charged and the confidentiality of all personal not obligated or expended by the DSA type of IL services for which a financial information, including photographs and prior to the beginning of the succeeding need test may be applied; lists of names. These policies and fiscal year, and any program income (2) Explain the method for procedures must assure that— received during a fiscal year that is not determining the amount charged for the (1) Specific safeguards protect current obligated or expended by the DSA prior IL services and how any financial need and stored personal information, to the beginning of the succeeding fiscal test will be applied; including a requirement that data only

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be released when governed by a written services under this part or the (e) Release to other programs or agreement between the DSA and other administration of the program under authorities. (1) Upon receiving the service providers and the receiving which services are provided under this informed written consent of the entity under paragraphs (d) and (e)(1) of part. In the provision of services under individual or, if appropriate, the this section, which addresses the this part or the administration of the individual’s legally authorized requirements in this section; program under which services are representative, the service provider may (2) All applicants for, or recipients of, provided under this part, the service release personal information to another services under this part and, as provider may obtain personal agency or organization, in accordance appropriate, those individuals’ legally information from other service with a written agreement, for the latter’s authorized representatives, service providers and cooperating agencies program purposes only to the extent that providers, cooperating agencies, and under assurances that the information the information may be released to the interested persons are informed of the may not be further divulged, except as involved individual and only to the confidentiality of personal information provided under paragraphs (c), (d), and extent that the other agency or and the conditions for gaining access to (e) of this section. organization demonstrates that the and releasing this information; (c) Release to recipients of services information requested is necessary for (3) All applicants or their legally under this part. (1) Except as provided the proper administration of its authorized representatives are informed in paragraphs (c)(2) and (3) of this program. about the service provider’s need to section, if requested in writing by a (2) Medical or psychological collect personal information and the recipient of services under this part, the information may be released pursuant to policies governing its use, including— service provider shall release all paragraph (e)(1) of this section if the (i) Identification of the authority information in that individual’s record other agency or organization assures the under which information is collected; of services to the individual or the service provider that the information (ii) Explanation of the principal individual’s legally authorized will be used only for the purpose for purposes for which the service provider representative in a timely manner. which it is being provided and will not intends to use or release the (2) Medical, psychological, or other be further released to the individual. information; information that the service provider (3) The service provider shall release (iii) Explanation of whether providing determines may be harmful to the personal information if required by requested information to the service individual may not be released directly Federal laws or regulations. provider is mandatory or voluntary and to the individual, but must be provided (4) The service provider shall release the effects to the individual of not through a qualified medical or personal information in response to providing requested information; psychological professional or the investigations in connection with law (iv) Identification of those situations individual’s legally authorized enforcement, fraud, or abuse, unless in which the service provider requires representative. expressly prohibited by Federal or State or does not require informed written (3) If personal information has been laws or regulations, and in response to consent of the individual or his or her obtained from another agency or judicial order. legally authorized representative before organization, it may be released only by, (5) The service provider also may information may be released; and or under the conditions established by, release personal information to protect (v) Identification of other agencies to the individual or others if the individual which information is routinely released; the other agency or organization. (d) Release for audit, evaluation, and poses a threat to his or her safety or to (4) Persons who do not speak, listen, the safety of others. read, or write English proficiently or research. Personal information may be who rely on alternative modes of released to an organization, agency, or (Authority: Section 12(c) of the individual engaged in audit, evaluation, Rehabilitation Act of 1973, as amended; 29 communication must be provided an U.S.C. 709(c)) explanation of service provider policies or research activities only for purposes and procedures affecting personal directly connected with the § 367.70 What access to records must be information through methods that can administration of a program under this provided? be meaningfully understood by them; part, or for purposes that would For the purpose of conducting audits, (5) At least the same protections are significantly improve the quality of life examinations, and compliance reviews, provided to individuals served under for individuals served under this part the DSA and all other service providers this part as provided by State laws and and only if, in accordance with a shall provide access to the Secretary and regulations; and written agreement, the organization, the Comptroller General, or any of their (6) Access to records is governed by agency, or individual assures that— duly authorized representatives, to— rules established by the service provider (1) The information will be used only (a) The records maintained under this and any fees charged for copies of for the purposes for which it is being part; records are reasonable and cover only provided; (b) Any other books, documents, extraordinary costs of duplication or (2) The information will be released papers, and records of the recipients making extensive searches. only to persons officially connected that are pertinent to the financial (b) Service provider use. All personal with the audit, evaluation, or research; assistance received under this part; and information in the possession of the (3) The information will not be (c) All individual case records or files service provider may be used only for released to the involved individual; or consumer service records of the purposes directly connected with (4) The information will be managed individuals served under this part, the provision of services under this part in a manner to safeguard confidentiality; including names, addresses, and the administration of the program and photographs, and records of evaluation under which services are provided (5) The final product will not reveal included in those individual case under this part. Information containing any personally identifying information records or files or consumer service identifiable personal information may without the informed written consent of records. not be shared with advisory or other the involved individual or the (Authority: Section 12(c) of the bodies that do not have official individual’s legally authorized Rehabilitation Act of 1973, as amended; 29 responsibility for the provision of representative. U.S.C. 709(c))

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§ 367.71 What records must be Subpart D—How Does the Secretary under this part if the State or eligible maintained? Allocate and Reallocate Funds to a State? protection and advocacy system The DSA and all other service 370.30 How does the Secretary allocate submits, and receives approval of, an providers shall maintain— funds? application in accordance with § 370.20. (a) Records that fully disclose and 370.31 How does the Secretary reallocate (2) For purposes of this part, the funds? document— terms— (1) The amount and disposition by the Subpart E—What Post-Award Conditions (i) ‘‘American Indian Consortium’’ has recipient of that financial assistance; Must Be Met by a Designated Agency? the meaning given the term in section (2) The total cost of the project or 370.40 What are allowable costs? 102 of the Developmental Disabilities undertaking in connection with which 370.41 What conflict of interest provision Assistance and Bill of Rights Act of the financial assistance is given or used; applies to employees of a designated 2000 (DD Act) (42 U.S.C. 15002); and agency? (ii) ‘‘Protection and advocacy system’’ (3) The amount of that portion of the 370.42 What access must the CAP be means a protection and advocacy cost of the project or undertaking afforded to policymaking and system established under subtitle C of supplied by other sources; and administrative personnel? title I of the DD Act (42 U.S.C. 15041 et 370.43 What requirement applies to the use (4) Compliance with the requirements seq.). of this part; and of mediation procedures? 370.44 What reporting requirement applies (b) Notwithstanding the protection (b) Other records that the Secretary to each designated agency? and advocacy system serving the determines to be appropriate to facilitate 370.45 What limitation applies to the American Indian Consortium, the an effective audit. pursuit of legal remedies? Governor of each State shall designate a (Authority: Section 12(c) of the 370.46 What consultation requirement public or private agency to conduct the Rehabilitation Act of 1973, as amended; 29 applies to a Governor of a State? State’s CAP under this part. U.S.C. 709(c)) 370.47 What is program income and how (c) Except as provided in paragraph may it be used? (d) of this section, the Governor shall PART 369 [REMOVED AND 370.48 When must grant funds and program designate an agency that is independent RESERVED] income be obligated? 370.49 What are the special requirements of any agency that provides treatment, ■ 2. Part 369 is removed and reserved. pertaining to the protection, use, and services, or rehabilitation to individuals ■ 3. Part 370 is revised to read as release of personal information? under the Act. follows: Authority: Section 112 of the (d) The Governor may, in the initial Rehabilitation Act of 1973, as amended; 29 designation, designate an agency that PART 370—CLIENT ASSISTANCE U.S.C. 732, unless otherwise noted. provides treatment, services, or PROGRAM rehabilitation to individuals with Subpart A—General disabilities under the Act if, at any time Subpart A—General before February 22, 1984, there was an § 370.1 What is the Client Assistance Sec. Program (CAP)? agency in the State that both— 370.1 What is the Client Assistance (1) Was a grantee under section 112 of The purpose of this program is to Program (CAP)? the Act by serving as a client assistance 370.2 Who is eligible for an award? establish and carry out CAPs that— (a) Advise and inform clients and agency and directly carrying out a CAP; 370.3 Who is eligible for services and and information under the CAP? client-applicants of all services and 370.4 What kinds of activities may the benefits available to them through (2) Was, at the same time, a grantee Secretary fund? programs authorized under the under any other provision of the Act. 370.5 What regulations apply? Rehabilitation Act of 1973, as amended (e) An agency designated by the 370.6 What definitions apply? (Act), including activities carried out Governor of a State to conduct the 370.7 What shall the designated agency do under sections 113 and 511; State’s CAP or the protection and to make its services accessible? (b) Assist and advocate for clients and advocacy system serving the American Subpart B—What Requirements Apply to client-applicants in their relationships Indian Consortium under this part may Redesignation? with projects, programs, and community not make a subaward to or enter into a 370.10 When do the requirements for rehabilitation programs providing contract with an agency that provides redesignation apply? services under the Act; and services under this Act either to carry 370.11 What requirements apply to a notice (c) Inform individuals with out the CAP or to provide services of proposed redesignation? disabilities in the State, especially under the CAP. 370.12 How does a designated agency individuals with disabilities who have (f) A designated agency, including the preserve its right to appeal a traditionally been unserved or protection and advocacy system serving redesignation? the American Indian Consortium, that 370.13 What are the requirements for a underserved by vocational rehabilitation programs, of the services and benefits contracts to provide CAP services with decision to redesignate? another entity or individual remains 370.14 How does a designated agency available to them under the Act and appeal a written decision to redesignate? under title I of the Americans with responsible for— 370.15 What must the Governor of a State Disabilities Act of 1990 (ADA) (42 (1) The conduct of a CAP that meets do upon receipt of a copy of a designated U.S.C. 12111 et seq.). all of the requirements of this part; agency’s written appeal to the Secretary? (2) Ensuring that the entity or (Authority: Section 112(a) of the 370.16 How does the Secretary review an Rehabilitation Act of 1973, as amended; 29 individual expends CAP funds in appeal of a redesignation? U.S.C. 732(a)) accordance with— 370.17 When does a redesignation become (i) The regulations in this part; and effective? § 370.2 Who is eligible for an award? (ii) The regulations at 2 CFR part 200 Subpart C—What Are the Requirements for (a)(1) Any State, through its Governor, applicable to the designated agency Requesting a Grant? and the protection and advocacy system identified in paragraph (b) or the 370.20 What must be included in a request serving the American Indian protection and advocacy system serving for a grant? Consortium are eligible for an award the American Indian Consortium, as

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described in paragraph (a) of this (ii) To facilitate access by individuals (2) 2 CFR part 200 (Uniform section; and with disabilities, including students and Administrative Requirements, Cost (3) The direct day-to-day supervision youth with disabilities who are making Principles, and Audit Requirements for of the CAP services being carried out by the transition from school programs, to Federal Awards), as adopted at 2 CFR the contractor. This day-to-day services funded under the Act; and part 3474. supervision must include the direct (4) Providing information to the (c) The regulations in this part 370. supervision of the individuals who are public concerning the CAP. (b) In providing assistance and Note to § 370.5: Any funds made available employed or used by the contractor to to a State under this program that are provide CAP services. advocacy services under this part with transferred by a State to a designated agency (Authority: Sections 12(c) and 112(a), respect to services under title I of the do not make a subaward as that term is (c)(1)(A), and (e)(1)(E) of the Rehabilitation Act, a designated agency may provide defined in 2 CFR 200.330. The designated Act of 1973, as amended; 29 U.S.C. 709(c) assistance and advocacy services to a agency is not, therefore, in these and 732(a), (c)(1)(A), and (e)(1)(E)) client or client-applicant to facilitate the circumstances a subrecipient, as that term is individual’s employment, including defined in 2 CFR 200.330. § 370.3 Who is eligible for services and assistance and advocacy services with information under the CAP? respect to the individual’s claims under (Authority: Sections 12(c) and 112 of the (a) Any client or client-applicant is title I of the ADA, if those claims under Rehabilitation Act, as amended; 29 U.S.C. 709(c) and 732) eligible for the services described in title I of the ADA are directly related to § 370.4. services under title I of the Act that the § 370.6 What definitions apply? (b) Any individual with a disability is individual is receiving or seeking. eligible to receive information on the (a) Definitions in EDGAR at 34 CFR services and benefits available to (Authority: Sections 12(c) and 112(a) of the part 77. individuals with disabilities under the Rehabilitation Act of 1973, as amended; 29 (b) Definitions in 2 CFR part 200, U.S.C. 709(c) and 732(a)) Act and title I of the ADA. subpart A. (c) Other definitions. The following (Authority: Section 112(a) of the § 370.5 What regulations apply? Rehabilitation Act of 1973, as amended; 29 The following regulations apply to the definitions also apply to this part: U.S.C. 732(a)) expenditure of funds and the Act means the Rehabilitation Act of administration of the program under 1973, as amended. § 370.4 What kinds of activities may the Advocacy means pleading an Secretary fund? this part: (a) The Education Department General individual’s cause or speaking or (a) Funds made available under this Administrative Regulations (EDGAR) as writing in support of an individual. part must be used for activities follows: Advocacy may be formal, as in the case consistent with the purposes of this (1) 34 CFR part 75 (Direct Grant of a lawyer representing an individual program, including— Programs) for purposes of an award in a court of law or in formal (1) Advising and informing clients, made under § 370.30(d)(1) when the administrative proceedings before client-applicants, and individuals with CAP appropriation equals or exceeds government agencies (whether tribal, disabilities in the State, especially $14,000,000. State, local, or Federal). Advocacy also individuals with disabilities who have (2) 34 CFR part 76 (State- may be informal, as in the case of a traditionally been unserved or Administered Programs) applies to the lawyer or non-lawyer representing an underserved by vocational rehabilitation State and, if the designated agency is a individual in negotiations, mediation, or programs, of— informal administrative proceedings (i) All services and benefits available State or local government agency, to the before government agencies (whether to them through programs authorized designated agency, except for— (i) Section 76.103; tribal, State, local, or Federal), or as in under the Act; and (ii) Sections 76.125 through 76.137; the case of a lawyer or non-lawyer (ii) Their rights in connection with (iii) Sections 76.300 through 76.401; those services and benefits; representing an individual’s cause (iv) Section 76.708; before private entities or organizations, (2) Informing individuals with (v) Section 76.734; and disabilities in the State, especially or government agencies (whether tribal, (vi) Section 76.740. State, local, or Federal). Advocacy may individuals with disabilities who have (3) 34 CFR part 77 (Definitions That be on behalf of— traditionally been unserved or Apply to Department Regulations). underserved by vocational rehabilitation (4) 34 CFR part 79 (Intergovernmental (1) A single individual, in which case programs, of the services and benefits Review of Department of Education it is individual advocacy; available to them under title I of the Programs and Activities). (2) More than one individual or a ADA; (5) 34 CFR part 81 (General Education group of individuals, in which case it is (3) Upon the request of the client or Provisions Act—Enforcement) applies to systems (or systemic) advocacy, but client-applicant, assisting and both the State and the designated systems or systemic advocacy, for the advocating on behalf of the client or agency, whether or not the designated purposes of this part, does not include client-applicant in his or her agency is the actual recipient of the CAP class actions, or relationship with projects, programs, grant. As the entity that eventually, if (3) Oneself, in which case it is self and community rehabilitation programs not directly, receives the CAP grant advocacy. that provide services under the Act by funds, the designated agency is American Indian Consortium means engaging in individual or systemic considered a recipient for purposes of that entity described in § 370.2(a). advocacy and pursuing, or assisting and Part 81. Class action means a formal legal suit advocating on behalf of the client or (6) 34 CFR part 82 (New Restrictions on behalf of a group or class of client-applicant to pursue, legal, on Lobbying). individuals filed in a Federal or State administrative, and other available (b) Other regulations as follows: court that meets the requirements for a remedies, if necessary— (1) 2 CFR part 180 (OMB Guidelines ‘‘class action’’ under Federal or State (i) To ensure the protection of the to Agencies on Debarment and law. ‘‘Systems (or systemic) advocacy’’ rights of a client or client-applicant Suspension (Nonprocurement)), as that does not include filing a formal under the Act; and adopted at 2 CFR part 3485. class action in a Federal or State court

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is not considered a class action for Subpart B—What Requirements Apply (e) If State procurement laws require purposes of this part. to Redesignation? a designated agency to award a contract Client or client-applicant means an through a competitive bidding process, individual receiving or seeking services § 370.10 When do the requirements for the designated agency must hold public under the Act, respectively. redesignation apply? hearings on the request for proposal Designated agency means the agency (a) The Governor shall redesignate the before awarding the new contract. designated by the Governor under designated agency for carrying out the CAP to an agency that is independent of (Authority: Sections 12(c) and 112(c)(1)(B) of § 370.2 or the protection and advocacy the Rehabilitation Act of 1973, as amended; system serving the American Indian any agency that provides treatment, 29 U.S.C. 709(c) and 732(c)(1)(B)) Consortium that is conducting a CAP services, or rehabilitation to individuals under this part. under the Act if, after August 7, 1998— § 370.11 What requirements apply to a Mediation means the act or process of (1) The designated State agency notice of proposed redesignation? using an independent third party to act undergoes any change in the (a) Prior to any redesignation of the as a mediator, intermediary, or organizational structure of the agency agency that conducts the CAP, the conciliator to settle differences or that results in one or more new State Governor shall give written notice of the disputes between persons or parties. agencies or departments, or results in proposed redesignation to the The third party who acts as a mediator, the merger with one or more other State designated agency, the State intermediary, or conciliator may not be agencies or departments, and Rehabilitation Council (SRC), and the any entity or individual who is (2) The designated State agency State Independent Living Council (SILC) connected in any way with the eligible contains an office or unit conducting the and publish a public notice of the system or the agency, entity, or CAP. Governor’s intention to redesignate. individual with whom the individual (3) For purposes of paragraph (a) of Both the notice to the designated with a disability has a dispute. this section, the designated State agency agency, the SRC, and the SILC and the Mediation may involve the use of has the meaning given to that term at 34 public notice must include, at a professional mediators or any other CFR 361.5(c)(12) and described at 34 minimum, the following: independent third party mutually CFR 361.13. (1) The Federal requirements for the agreed to by the parties to the dispute. (b) The Governor may not redesignate CAP (section 112 of the Act). Protection and Advocacy System has the agency designated pursuant to (2) The goals and function of the CAP. the meaning set forth at § 370.2(a). section 112(c) of the Act and § 370.2(b) (3) The name of the current Services under the Act means without good cause and without designated agency. vocational rehabilitation, independent complying with the requirements of (4) A description of the current CAP living, supported employment, and §§ 370.10 through 370.17. and how it is administered. other similar rehabilitation services (c) For purposes of §§ 370.10 through (5) The reason or reasons for provided under the Act. For purposes of 370.17, a ‘‘redesignation of’’ or ‘‘to proposing the redesignation, including the CAP, the term ‘‘services under the redesignate’’ a designated agency means why the Governor believes good cause Act’’ does not include activities carried any change in or transfer of the exists for the proposed redesignation. out under the protection and advocacy designation of an agency previously (6) The effective date of the proposed program authorized by section 509 of designated by the Governor to conduct redesignation. the Act (i.e., the Protection and the State’s CAP to a new or different (7) The name of the agency the Advocacy of Individual Rights (PAIR) agency, unit, or organization, Governor proposes to administer the program, 34 CFR part 381). including— CAP. State means, in addition to each of the (1) A decision by a designated agency (8) A description of the system that several States of the United States, the to cancel its existing contract with the redesignated (i.e., new) agency District of Columbia, the another entity with which it has would administer. Commonwealth of Puerto Rico, The previously contracted to carry out and (b) The notice to the designated United States Virgin Islands, Guam, operate all or part of its responsibilities agency must— American Samoa, and the under the CAP (including providing (1) Be given at least 30 days in Commonwealth of the Northern Mariana advisory, assistance, or advocacy advance of the Governor’s written Islands, except for purposes of the services to eligible clients and client- decision to redesignate; and allotments under § 370.30, in which applicants); or (2) Advise the designated agency that case ‘‘State’’ does not mean or include (2) A decision by a designated agency it has at least 30 days from receipt of the Guam, American Samoa, the United not to renew its existing contract with notice of proposed redesignation to States Virgin Islands, and the another entity with which it has respond to the Governor and that the Commonwealth of the Northern Mariana previously contracted. Therefore, an response must be in writing. Islands. agency that is carrying out a State’s CAP (c) The notice of proposed under a contract with a designated redesignation must be published in a (Authority: Sections 7(34), 12(c), and 112 of agency is considered a designated place and manner that provides the the Rehabilitation Act of 1973, as amended; 29 U.S.C. 705(34), 709(c), and 732) agency for purposes of §§ 370.10 SRC, the SILC, individuals with through 370.17. disabilities or their representatives, and § 370.7 What shall the designated agency (d) For purposes of paragraph (b) of the public with at least 30 days to do to make its services accessible? this section, a designated agency that submit oral or written comments to the The designated agency shall provide, does not renew a contract for CAP Governor. as appropriate, the CAP services services because it is following State (d) Following public notice, public described in § 370.4 in formats that are procurement laws that require contracts hearings concerning the proposed accessible to clients or client-applicants to be awarded through a competitive redesignation must be conducted in an who seek or receive CAP services. bidding process is presumed to have accessible format that provides (Authority: Section 12(c) of the good cause for not renewing an existing individuals with disabilities or their Rehabilitation Act of 1973, as amended; 29 contract. However, this presumption representatives an opportunity for U.S.C. 709(c)) may be rebutted. comment. The Governor shall maintain

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a written public record of these designated agency submitted to the (3) Transcripts of all public hearings hearings. Governor a timely written response to held on the proposed redesignation. (e) The Governor shall fully consider the Governor’s notice of proposed (4) Written comments received by the any public comments before issuing a redesignation in accordance with Governor in response to the public written decision to redesignate. § 370.12. notice of proposed redesignation. (Authority: Sections 12(c) and 112(c)(1)(B) of (b) To appeal to the Secretary a (5) The Governor’s written decision to the Rehabilitation Act of 1973, as amended; Governor’s written decision to redesignate, including the rationale for 29 U.S.C. 709(c) and 732(c)(1)(B)) redesignate, a designated agency shall the decision. file a formal written appeal with the (6) Any other written documentation § 370.12 How does a designated agency Secretary within 15 days after the or submissions the Governor wishes the preserve its right to appeal a designated agency’s receipt of the Secretary to consider. redesignation? Governor’s written decision to (7) Any other information requested (a) To preserve its right to appeal a redesignate. The date of filing of the by the Secretary. Governor’s written decision to designated agency’s written appeal with (b) As part of the submissions under redesignate (see § 370.13), a designated the Secretary will be determined in a this section, the Governor may request agency must respond in writing to the manner consistent with the an informal meeting with the Secretary Governor within 30 days after it receives requirements of 34 CFR 81.12. at which representatives of both parties the Governor’s notice of proposed (c) If the designated agency files a will have an opportunity to present redesignation. written appeal with the Secretary, the their views on the issues raised in the (b) The designated agency shall send designated agency shall send a separate appeal. its response to the Governor by copy of this appeal to the Governor by (Approved by the Office of Management and registered or certified mail, return registered or certified mail, return Budget under control number 1820–0520) receipt requested, or other means that receipt requested, or other means that (Authority: Sections 12(c) and 112(c)(1)(B) of provides a record that the Governor provides a record that the Governor received the designated agency’s the Rehabilitation Act of 1973, as amended; received a copy of the designated 29 U.S.C. 709(c) and 732(c)(1)(B)) response. agency’s appeal to the Secretary. (Approved by the Office of Management and (d) The designated agency’s written § 370.16 How does the Secretary review an Budget under control number 1820–0520) appeal to the Secretary must state why appeal of a redesignation? (Authority: Sections 12(c) and 112(c)(1)(B) of the Governor has not met the burden of (a) If either party requests a meeting the Rehabilitation Act of 1973, as amended; showing that good cause for the under § 370.14(f) or § 370.15(b), the 29 U.S.C. 709(c) and 732(c)(1)(B)) redesignation exists or has not met the meeting is to be held within 30 days of procedural requirements under the submissions by the Governor under § 370.13 What are the requirements for a §§ 370.11 and 370.13. § 370.15, unless both parties agree to decision to redesignate? (e) The designated agency’s written waive this requirement. The Secretary (a) If, after complying with the appeal must be accompanied by the promptly notifies the parties of the date requirements of § 370.11, the Governor designated agency’s written response to and place of the meeting. decides to redesignate the designated the Governor’s notice of proposed (b) Within 30 days of the informal agency, the Governor shall provide to redesignation and may be accompanied meeting permitted under paragraph (a) the designated agency a written decision by any other written submissions or of this section or, if neither party has to redesignate that includes the documentation the designated agency requested an informal meeting, within rationale for the redesignation. The wishes the Secretary to consider. 60 days of the submissions required Governor shall send the written (f) As part of its submissions under from the Governor under § 370.15, the decision to redesignate to the designated this section, the designated agency may Secretary issues to the parties a final agency by registered or certified mail, request an informal meeting with the written decision on whether the return receipt requested, or other means Secretary at which representatives of redesignation was for good cause. that provides a record that the both parties will have an opportunity to (c) The Secretary reviews a Governor’s designated agency received the present their views on the issues raised decision based on the record submitted Governor’s written decision to in the appeal. under §§ 370.14 and 370.15 and any redesignate. other relevant submissions of other (b) If the designated agency submitted (Approved by the Office of Management and interested parties. The Secretary may Budget under control number 1820–0520) to the Governor a timely response to the affirm or, if the Secretary finds that the Governor’s notice of proposed (Authority: Sections 12(c) and 112(c)(1)(B) of redesignation is not for good cause, redesignation, the Governor shall inform the Rehabilitation Act of 1973, as amended; remand for further findings or reverse a the designated agency that it has at least 29 U.S.C. 709(c) and 732(c)(1)(B)) Governor’s redesignation. 15 days from receipt of the Governor’s § 370.15 What must the Governor of a (d) The Secretary sends copies of the written decision to redesignate to file a State do upon receipt of a copy of a decision to the parties by registered or formal written appeal with the designated agency’s written appeal to the certified mail, return receipt requested, Secretary. Secretary? or other means that provide a record of (Approved by the Office of Management and (a) If the designated agency files a receipt by both parties. Budget under control number 1820–0520) formal written appeal in accordance (Approved by the Office of Management and with § 370.14, the Governor shall, (Authority: Sections 12(c) and 112(c)(1)(B) of Budget under control number 1820–0520) within 15 days of receipt of the the Rehabilitation Act of 1973, as amended; (Authority: Sections 12(c) and 112(c)(1)(B) of 29 U.S.C. 709(c) and 732(c)(1)(B)) designated agency’s appeal, submit to the Rehabilitation Act of 1973, as amended; the Secretary copies of the following: 29 U.S.C. 709(c) and 732(c)(1)(B)) § 370.14 How does a designated agency (1) The written notice of proposed appeal a written decision to redesignate? redesignation sent to the designated § 370.17 When does a redesignation (a) A designated agency may appeal to agency. become effective? the Secretary a Governor’s written (2) The public notice of proposed A redesignation does not take effect decision to redesignate only if the redesignation. for at least 15 days following the

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designated agency’s receipt of the (2) The designated agency will meet (3) The Secretary shall make a grant Governor’s written decision to each of the requirements in this part; pursuant to paragraph (d)(1) of this redesignate or, if the designated agency and section to an entity that has experience appeals, for at least 5 days after the (3) The designated agency will in or knowledge related to the provision Secretary has affirmed the Governor’s provide the Secretary with the annual of services authorized under this part. written decision to redesignate. report required by section 112(g)(4) of (4) An entity receiving a grant under (Authority: Sections 12(c) and 112(c)(1)(B) of the Act and § 370.44. paragraph (d)(1) of this section shall the Rehabilitation Act of 1973, as amended; (d) To allow a designated agency to provide training and technical 29 U.S.C. 709(c) and 732(c)(1)(B)) receive direct payment of funds under assistance to the designated agencies or this part, a State or the protection and entities carrying out the CAP to assist Subpart C—What are the advocacy system serving the American them in improving the provision of Requirements for Requesting a Grant? Indian Consortium must provide to the services authorized under this part and § 370.20 What must be included in a Secretary, as part of its application for the administration of the program. assistance, an assurance that direct request for a grant? (e)(1) Unless prohibited or otherwise payment to the designated agency is not provided by State or tribal law, (a) Each State and the protection and prohibited by or inconsistent with State regulation, or policy, the Secretary pays advocacy system serving the American or tribal law, regulation, or policy. Indian Consortium seeking assistance to the designated agency, from the State under this part shall submit to the (Approved by the Office of Management and allotment under paragraph (a), (b), or (c) Secretary, in writing, at the time and in Budget under control number 1820–0520) of this section, the amount specified in the manner determined by the Secretary (Authority: Sections 12(c) and 112(b) and (f) the State’s or the eligible protection and to be appropriate, an application that of the Rehabilitation Act of 1973, as advocacy system’s approved request. includes, at a minimum— amended; 29 U.S.C. 709(c) and 732(b) and (f)) Because the designated agency, including the protection and advocacy (1) The name of the designated Subpart D—How Does the Secretary system serving the American Indian agency; and Allocate and Reallocate Funds to a Consortium, is the eventual, if not the (2) An assurance that the designated State? agency meets the independence direct, recipient of the CAP funds, 34 requirement of section 112(c)(1)(A) of § 370.30 How does the Secretary allocate CFR part 81 and 2 CFR part 200 apply the Act and § 370.2(c), or that the State funds? to the designated agency, whether or not is exempted from that requirement (a) After reserving funds required the designated agency is the actual under section 112(c)(1)(A) of the Act under paragraphs (c) and (d) of this recipient of the CAP grant. and § 370.2(d). section, the Secretary shall allot the (2) Notwithstanding the grant made to (b)(1) Each State and the protection remainder of the sums appropriated for the protection and advocacy system and advocacy system serving the each fiscal year under this section serving the American Indian American Indian Consortium also shall among the States on the basis of relative Consortium under paragraph (c) of this submit to the Secretary an assurance population of each State, except that no section, the State remains the grantee for that the designated agency has the such entity shall receive less than purposes of 34 CFR part 76 and 2 CFR authority to pursue legal, $50,000. part 200 because it is the State that administrative, and other appropriate (b) The Secretary allocates $30,000 submits an application for and receives remedies to ensure the protection of the each, unless the provisions of section the CAP grant. In addition, both the rights of clients or client-applicants 112(e)(1)(D) of the Act are applicable, to State and the designated agency are within the State or American Indian American Samoa, Guam, the Virgin considered recipients for purposes of 34 Consortium. Islands, and the Commonwealth of CFR part 81. (2) The authority to pursue remedies Northern Mariana Islands. (Authority: Sections 12(c) and 112(b) and (e) described in paragraph (b)(1) of this (c) The Secretary shall reserve funds, of the Rehabilitation Act of 1973, as section must include the authority to from the amount appropriated to carry amended; 29 U.S.C. 709(c) and 732(b) and pursue those remedies against the State out this part, to make a grant to the (e)) vocational rehabilitation agency and protection and advocacy system serving other appropriate State agencies. The the American Indian Consortium to § 370.31 How does the Secretary designated agency meets this provide services in accordance with this reallocate funds? requirement if it has the authority to part. The amount of the grant to the (a) The Secretary reallocates funds in pursue those remedies either on its own protection and advocacy system serving accordance with section 112(e)(2) of the behalf or by obtaining necessary the American Indian Consortium shall Act. services, such as legal representation, be the same amount as is provided to a (b) A designated agency shall inform from outside sources. territory under paragraph (b) of this the Secretary at least 45 days before the (c) Each State and the protection and section. end of the fiscal year for which CAP advocacy system serving the American (d)(1) For any fiscal year for which the funds were received whether the Indian Consortium also shall submit to amount appropriated equals or exceeds designated agency is making available the Secretary assurances that— $14,000,000, the Secretary may reserve for reallotment any of those CAP funds not less than 1.8 percent and not more (1) All entities conducting, that it will be unable to obligate in that than 2.2 percent of such amount to administering, operating, or carrying out fiscal year or the succeeding fiscal year. programs within the State that provide provide a grant for training and services under the Act to individuals technical assistance for the programs (Approved by the Office of Management and with disabilities in the State will advise established under this part. Budget under control number 1820–0520) all clients and client-applicants of the (2) All training and technical (Authority: Sections 12(c), 19, and 112(e)(2) existence of the CAP, the services assistance shall be coordinated with of the Rehabilitation Act of 1973, as provided under the program, and how activities provided under 34 CFR amended; 29 U.S.C. 709(c), 716, and to contact the designated agency; 381.22. 732(e)(2))

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Subpart E—What Post-Award (1) Receive a traineeship under (Authority: Section 112(g)(3) of the Conditions Must Be Met by a section 302 of the Act; Rehabilitation Act of 1973, as amended; 29 Designated Agency? (2) Provide services under the PAIR U.S.C. 732(g)(3)) program; § 370.40 What are allowable costs? § 370.44 What reporting requirement (3) Represent the CAP on any board applies to each designated agency? or council (such as the SRC) if CAP (a) The designated agency, including In addition to the program and fiscal the eligible protection and advocacy representation on the board or council is specifically permitted or mandated by reporting requirements in 34 CFR system serving the American Indian 76.720 and 2 CFR 200.327 that are Consortium, shall apply the regulations the Act; and (4) Consult with policymaking and applicable to this program, each at 2 CFR part 200. designated agency shall submit to the (b) Consistent with the program administrative personnel in State and local rehabilitation programs, projects, Secretary, no later than 90 days after the activities listed in § 370.4, the cost of end of each fiscal year, an annual report travel in connection with the provision and community rehabilitation programs, if consultation with the designated on the operation of its CAP during the to a client or client-applicant of previous year, including a summary of assistance under this program is agency is specifically permitted or mandated by the Act. the work done and the uniform allowable, in accordance with 2 CFR statistical tabulation of all cases handled (Authority: Sections 12(c) and 112(g)(1) of part 200. The cost of travel includes the by the program. The annual report must cost of travel for an attendant if the the Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) and 732(g)(1)) contain information on— attendant must accompany the client or (a) The number of requests received client-applicant. § 370.42 What access must the CAP be by the designated agency for (c)(1) The State and the designated afforded to policymaking and administrative information on services and benefits agency are accountable, both jointly and personnel? under the Act and title I of the ADA; severally, to the Secretary for the proper The CAP must be afforded reasonable (b) The number of referrals to other use of funds made available under this access to policymaking and agencies made by the designated agency part. However, the Secretary may administrative personnel in State and and the reason or reasons for those choose to recover funds under the local rehabilitation programs, projects, referrals; procedures in 34 CFR part 81 from and community rehabilitation programs. (c) The number of requests for either the State or the designated One way in which the CAP may be advocacy services received by the agency, or both, depending on the provided that access would be to designated agency from clients or client- circumstances of each case. include the director of the designated applicants; (2) For purposes of the grant made agency among the individuals to be (d) The number of requests for under this part to the protection and consulted on matters of general policy advocacy services from clients or client- advocacy system serving the American development and implementation, as applicants that the designated agency Indian Consortium, such entity will be required by section 101(a)(16) of the was unable to serve; solely accountable to the Secretary for Act. (e) The reasons that the designated the proper use of funds made available (Authority: Sections 12(c), 101(a)(16), and agency was unable to serve all of the under this part. If the Secretary 112(g)(2) of the Rehabilitation Act of 1973, as requests for advocacy services from determines it necessary, the Secretary amended; 29 U.S.C. 709(c), 721(a)(16), and clients or client-applicants; and may recover funds from the protection 732(g)(2)) (f) Any other information that the and advocacy system serving the § 370.43 What requirement applies to the Secretary may require. American Indian Consortium pursuant use of mediation procedures? (Approved by the Office of Management and to the procedures in 34 CFR part 81. (a) Each designated agency shall Budget under control number 1820–0520) (Authority: Sections 12(c) and 112(c)(3) of implement procedures designed to (Authority: Sections 12(c) and 112(g)(4) of the Rehabilitation Act of 1973, as amended; ensure that, to the maximum extent the Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) and 732(c)(3)) possible, good faith negotiations and 29 U.S.C. 709(c) and 732(g)(4)) § 370.41 What conflict of interest provision mediation procedures are used before resorting to formal administrative or § 370.45 What limitation applies to the applies to employees of a designated pursuit of legal remedies? agency? legal remedies. In designing these procedures, the designated agency may A designated agency may not bring (a) Except as permitted by paragraph take into account its level of resources. any class action in carrying out its (b) of this section, an employee of a (b) For purposes of this section, responsibilities under this part. designated agency, or of an entity or mediation may involve the use of (Authority: Section 112(d) of the individual under contract with a professional mediators, other designated agency, who carries out any Rehabilitation Act of 1973, as amended; 29 independent third parties mutually U.S.C. 732(d)) CAP duties or responsibilities, while so agreed to by the parties to the dispute, employed, may not— or an employee of the designated agency § 370.46 What consultation requirement (1) Serve concurrently as a staff who— applies to a Governor of a State? member of, consultant to, or in any (1) Is not assigned to advocate for or In designating a client assistance other capacity within, any other otherwise represent or is not involved agency under § 370.2, redesignating a rehabilitation project, program, or with advocating for or otherwise client assistance agency under § 370.10, community rehabilitation program representing the client or client- and carrying out the other provisions of receiving assistance under the Act in the applicant who is a party to the this part, the Governor shall consult State; or mediation; and with the director of the State vocational (2) Provide any services under the (2) Has not previously advocated for rehabilitation agency (or, in States with Act, other than CAP and PAIR services. or otherwise represented or been both a general agency and an agency for (b) An employee of a designated involved with advocating for or the blind, the directors of both agency under contract with a designated otherwise representing that same client agencies), the head of the agency, may— or client-applicant. developmental disability protection and

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advocacy agency, and representatives of (Authority: Sections 12(c) and 19 of the any individual requesting assistance professional and consumer Rehabilitation Act of 1973, as amended; 29 under the CAP if— organizations serving individuals with U.S.C. 709(c) and 716) (1) An audit, evaluation, monitoring disabilities in the State. § 370.49 What are the special review, State plan assurance review, or (Authority: Section 112(c)(2) of the requirements pertaining to the protection, other investigation produces reliable Rehabilitation Act of 1973, as amended; 29 use, and release of personal information? evidence that there is probable cause to U.S.C. 732(c)(2)) (a) All personal information about believe that the designated agency has violated its legislative mandate or § 370.47 What is program income and how individuals served by any designated agency under this part, including lists of misused Federal funds; or may it be used? (2) The Secretary determines that this names, addresses, photographs, and information may reasonably lead to (a) Definition. (1) Consistent with 2 records of evaluation, must be held further evidence that is directly related CFR 200.80 and for purposes of this strictly confidential. to alleged misconduct of the designated part, program income means gross (b) The designated agency’s use of income earned by the designated agency agency. information and records concerning (f) In addition to the protection that is directly generated by an activity individuals must be limited only to supported under this part. afforded by paragraph (d) of this section, purposes directly connected with the the right of a person or designated (2) Funds received through the CAP, including program evaluation agency not to produce documents or transfer of Social Security activities. Except as provided in disclose information to the Secretary is Administration payments from the paragraphs (c) and (e) of this section, governed by the common law of designated State unit, as defined in 34 this information may not be disclosed, privileges, as interpreted by the courts CFR 361.5(c)(13), in accordance with 34 directly or indirectly, other than in the of the United States. CFR 361.63(c)(2) will be treated as administration of the CAP, unless the program income received under this consent of the individual to whom the (Authority: Sections 12(c) and 112(g)(4) of information applies, or his or her the Rehabilitation Act of 1973, as amended; part. 29 U.S.C. 709(c) and 732(g)(4)) (b) Use of program income. (1) parent, legal guardian, or other legally ■ 4. Part 371 is revised to read as Program income, whenever earned or authorized representative or advocate follows: received, must be used for the provision (including the individual’s advocate of services authorized under § 370.4. from the designated agency), has been PART 371—AMERICAN INDIAN obtained in writing. A designated VOCATIONAL REHABILITATION (2)(i) The designated agency must use agency may not produce any report, SERVICES program income to supplement Federal evaluation, or study that reveals any funds that support program activities personally identifying information Subpart A—General that are subject to this part. See, for without the written consent of the Sec. example 2 CFR 200.307(e)(2). individual or his or her representative. 371.1 What is the American Indian (ii) Notwithstanding 2 CFR 200.305(a) (c) Except as limited in paragraphs (d) Vocational Rehabilitation Services and consistent with 2 CFR and (e) of this section, the Secretary or program? 200.305(b)(5), and to the extent that 371.2 Who is eligible for assistance under other Federal or State officials this program? program income funds are available, a responsible for enforcing legal 371.3 What types of projects are authorized designated agency, regardless of requirements are to have complete under this program? whether it is a State agency, must access to all— 371.4 What is the length of the project disburse those funds (including (1) Records of the designated agency period under this program? repayments to a revolving fund), that receives funds under this program; 371.5 What regulations apply to this rebates, refunds, contract settlements, and program? audit recoveries, and interest earned on 371.6 What definitions apply to this (2) All individual case records of program? such funds before requesting additional clients served under this part without funds from the Department. the consent of the client. Subpart B—Training and Technical Assistance (Authority: Sections 12(c) and 108 of the (d) For purposes of conducting any Rehabilitation Act of 1973, as amended; 29 periodic audit, preparing or producing 371.10 What are the requirements for U.S.C. 709(c) and 728; and 20 U.S.C. 3474); any report, or conducting any funding training and technical assistance evaluation of the performance of the under this subpart? 371.11 How does the Secretary use these § 370.48 When must grant funds and CAP established or assisted under this program income be obligated? funds to provide training and technical part, the Secretary does not require the assistance? Any Federal funds, including designated agency to disclose the 371.12 How does the Secretary make an reallotted funds, that are appropriated identity of, or any other personally award? for a fiscal year to carry out the identifiable information related to, any 371.13 How does the Secretary determine activities under this part that are not individual requesting assistance under funding priorities? obligated or expended by the designated the CAP. 371.14 How does the Secretary evaluate an agency prior to the beginning of the (e) Notwithstanding paragraph (d) of application? succeeding fiscal year, and any program this section and consistent with Subpart C—How Does One Apply for a income received during a fiscal year that paragraph (f) of this section, a Grant? is not obligated or expended by the designated agency shall disclose to the 371.20 What are the application procedures designated agency prior to the beginning Secretary, if the Secretary so requests, for this program? of the succeeding fiscal year in which the identity of, or any other personally 371.21 What are the special application the program income was received, identifiable information (i.e., name, requirements related to the projects remain available for obligation and address, telephone number, social funded under this part? expenditure by the designated agency security number, or any other official Subpart D—How Does the Secretary Make during that succeeding fiscal year in code or number by which an individual a Grant? accordance with section 19 of the Act. may be readily identified) related to, 371.31 How are grants awarded?

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371.32 What other factors does the own behalf or on behalf of a consortium, (b) The following definitions also Secretary consider in reviewing an or to a tribal organization to perform apply to this program— application? services benefiting more than one Act means the Rehabilitation Act of Subpart E—What Conditions Apply to a Indian tribe, the approval of each such 1973, as amended. Grantee Under this Program? Indian tribe shall be a prerequisite to the Assessment for determining eligibility 371.40 What are the matching making of such a grant. and vocational rehabilitation needs requirements? (b) Applications for awards under means as appropriate in each case— 371.41 What are allowable costs? Subpart B may be made by State, local (i)(A) A review of existing data— 371.42 How are services to be administered or tribal governments, non-profit (1) To determine if an individual is under this program? organizations, or institutions of higher eligible for vocational rehabilitation 371.43 What other special conditions apply education. services; and to this program? 371.44 What are the special requirements (Authority: Sections 12(c) and 121(a) of the (2) To assign priority for an order of pertaining to the protection, use, and Rehabilitation Act of 1973, as amended; 29 selection described in an approved plan release of personal information? U.S.C. 709(c) and 741(a)) or the approved grant application; and (B) To the extent necessary, the 371.45 What notice must be given about the § 371.3 What types of projects are Client Assistance Program (CAP)? authorized under this program? provision of appropriate assessment activities to obtain necessary additional Authority: Sections 12(c) and 121 of the The American Indian Vocational data to make the eligibility Rehabilitation Act of 1973, as amended; 29 Rehabilitation Services program determination and assignment; U.S.C. 709(c) and 741, unless otherwise provides financial assistance for the noted. (ii) To the extent additional data are establishment and operation of tribal necessary to make a determination of vocational rehabilitation services Subpart A—General the employment outcomes, and the programs for American Indians with nature and scope of vocational § 371.1 What is the American Indian disabilities who reside on or near rehabilitation services, to be included in Vocational Rehabilitation Services Federal or State reservations. program? the individualized plan for employment (Authority: Sections 12(c) and 121(a) of the This program is designed to provide of an eligible individual, a Rehabilitation Act of 1973, as amended Act, comprehensive assessment to determine vocational rehabilitation services, 29 U.S.C. 709(c) and 741(a)) including culturally appropriate the unique strengths, resources, services, to American Indians with § 371.4 What is the length of the project priorities, concerns, abilities, disabilities who reside on or near period under this program? capabilities, interests, and informed Federal or State reservations, consistent The Secretary approves a project choice, including the need for with such eligible individual’s period of up to sixty months. supported employment, of the eligible individual, this comprehensive strengths, resources, priorities, (Authority: Sections 12(c) and 121(b)(3) of concerns, abilities, capabilities, the Rehabilitation Act of 1973, as amended, assessment— interests, and informed choice, so that 29 U.S.C. 709(c) and 121(b)(3)) (A) Is limited to information that is such individual may prepare for, and necessary to identify the rehabilitation engage in, high-quality employment that § 371.5 What regulations apply to this needs of the individual and to develop program? will increase opportunities for economic the individualized plan for employment self-sufficiency. The following regulations apply to of the eligible individual; this program— (B) Uses as a primary source of (Authority: Section 121(a) of the (a) The regulations in this part 371. information, to the maximum extent Rehabilitation Act of 1973, as amended; 29 (b) 2 CFR part 180 (OMB Guidelines U.S.C. 741(a)) possible and appropriate and in to Agencies on Debarment and accordance with confidentiality § 371.2 Who is eligible for assistance Suspension (Nonprocurement)), as requirements— under this program? adopted at 2 CFR part 3485; (1) Existing information obtained for (a) Applications may be made only by (c) 2 CFR part 200 (Uniform the purposes of determining the Indian tribes and consortia of those Administrative Requirements, Cost eligibility of the individual and Indian tribes located on Federal and Principles, and Audit Requirements for assigning priority for an order of State reservations. Federal Awards) as adopted at 2 CFR selection described in an approved plan (1) The applicant for the grant must be part 3474. or the approved grant application for the (d) 34 CFR part 75 Direct Grant (i) The governing body of an Indian individual; and Programs (2) Information that can be provided tribe, either on behalf the Indian tribe or (e) 34 CFR part 77 Definitions that by the individual and, if appropriate, by on behalf of a consortium of Indian Apply to Department Regulations tribes; or (f) 34 CFR part 81 General Education the family of the individual; (ii) A tribal organization that is a Provisions Act—Enforcement (C) May include, to the degree needed separate legal organization from an (g) 34 CFR part 82 New Restrictions to make such a determination, an Indian tribe. on Lobbying assessment of the personality, interests, (2) In order to receive a grant under (h) 34 CFR part 84 Governmentwide interpersonal skills, intelligence and this section, a tribal organization that is Requirements for Drug-Free Workplace related functional capacities, not a governing body of an Indian tribe educational achievements, work must: (Authority: Section 12(c) of the experience, vocational aptitudes, Rehabilitation Act of 1973, as amended; 29 (i) Have as one of its functions the U.S.C. 709(c)) personal and social adjustments, and vocational rehabilitation of American employment opportunities of the Indians with disabilities; and § 371.6 What definitions apply to this individual, and the medical, (ii) Have the approval of the tribe to program? psychiatric, psychological, and other be served by such organization. (a) The definitions of terms included pertinent vocational, educational, (3) If a grant is made to the governing in the applicable regulations listed in cultural, social, recreational, and body of an Indian tribe, either on its § 371.5; environmental factors, that affect the

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employment and rehabilitation needs of (xii) Extended employment; occupations or on similar tasks and who the individual; (xiii) Psychosocial rehabilitation have similar training, experience, and (D) May include, to the degree services; skills; and needed, an appraisal of the patterns of (xiv) Supported employment services (D) Is eligible for the level of benefits work behavior of the individual and and extended services; provided to other employees; and services needed for the individual to (xv) Customized employment; (ii) Is at a location— acquire occupational skills, and to (xvi) Services to family members if (A) Typically found in the develop work attitudes, work habits, necessary to enable the applicant or community; and work tolerance, and social and behavior eligible individual to achieve an (B) Where the employee with a patterns necessary for successful job employment outcome; disability interacts for the purpose of performance, including the use of work (xvii) Personal assistance services; or performing the duties of the position in real job situations to assess and (xviii) Services similar to the services with other employees within the develop the capacities of the individual described in paragraphs (i) through particular work unit and the entire work to perform adequately in a work (xvii) of this definition. site, and, as appropriate to the work environment; and (Authority: Sections 7(4) and 12(c) of the performed, other persons (e.g., (E) To the maximum extent possible, Rehabilitation Act of 1973, as amended, 29 customers and vendors), who are not relies on information obtained from U.S.C. 705(4) and 709(c)) individuals with disabilities (not experiences in integrated employment Comparable services and benefits including supervisory personnel or settings in the community, and other means— individuals who are providing services integrated community settings; (i) Services and benefits, including to such employee) to the same extent (iii) Referral, for the provision of accommodations and auxiliary aids and that employees who are not individuals rehabilitation technology services to the services, that are— with disabilities and who are in individual, to assess and develop the (A) Provided or paid for, in whole or comparable positions interact with these capacities of the individual to perform in part, by other Federal, State, or local persons; and in a work environment; and public agencies, by health insurance, or (C) Presents, as appropriate, (iv) An exploration of the individual’s by employee benefits; opportunities for advancement that are abilities, capabilities, and capacity to (B) Available to the individual at the similar to those for other employees perform in work situations, which must time needed to ensure the progress of who are not individuals with be assessed periodically during trial the individual toward achieving the disabilities and who have similar work experiences, including employment outcome in the positions. experiences in which the individual is individual’s individualized plan for (Authority: Sections 7(5) and 12(c) of the provided appropriate supports and employment; and Rehabilitation Act of 1973, as amended; 29 training. (C) Commensurate to the services that U.S.C. 705(5) and 709(c)) (Authority: Sections 7(2) and 12(c) of the the individual would otherwise receive Consortium means two or more Rehabilitation Act of 1973, as amended, 29 from the Tribal Vocational eligible governing bodies of Indian U.S.C. 705(2) and 709(c)) Rehabilitation unit. tribes that apply for an award under this Community rehabilitation program (ii) For the purposes of this definition, program by either: means a program that provides directly, comparable benefits do not include (i) Designating one governing body to or facilitates the provision of, one or awards and scholarships based on merit. apply for the grant; or more of the following vocational (Authority: Sections 12(c) and 101(a)(8)(A) of (ii) Establishing and designating a rehabilitation services to individuals the Rehabilitation Act of 1973, as amended, tribal organization to apply for a grant. with disabilities to enable those 29 U.S.C. 709(c) and 721(a)(8)(A)) (Authority: Sections 12(c) and 121 of the individuals to maximize their Competitive integrated employment Rehabilitation Act of 1973, as amended; 29 opportunities for employment, means work that— U.S.C. 709(c) and 741(a)) including career advancement— (i) Is performed on a full-time or part- Customized employment means (i) Medical, psychiatric, time basis (including self-employment) competitive integrated employment, for psychological, social, and vocational and for which an individual is an individual with a significant services that are provided under one compensated at a rate that— disability, that is based on an management; (A) Is not less than the higher of the individualized determination of the (ii) Testing, fitting, or training in the rate specified in section 6(a)(1) of the unique strengths, needs, and interests of use of prosthetic and orthotic devices; Fair Labor Standards Act of 1938 (29 the individual with a significant (iii) Recreational therapy; U.S.C. 206(a)(1)) or the rate required (iv) Physical and occupational disability, is designed to meet the under the applicable State or local therapy; specific abilities of the individual with (v) Speech, language, and hearing minimum wage law; a significant disability and the business therapy; (B) Is not less than the customary rate needs of the employer, and is carried (vi) Psychiatric, psychological, and paid by the employer for the same or out through flexible strategies, such as— social services, including positive similar work performed by other (i) Job exploration by the individual; behavior management; employees who are not individuals with (ii) Working with an employer to (vii) Assessment for determining disabilities and who are similarly facilitate placement, including— eligibility and vocational rehabilitation situated in similar occupations by the (A) Customizing a job description needs; same employer and who have similar based on current employer needs or on (viii) Rehabilitation technology; training, experience, and skills; and previously unidentified and unmet (ix) Job development, placement, and (C) In the case of an individual who employer needs; and retention services; is self-employed, yields an income that (B) Developing a set of job duties, a (x) Evaluation or control of specific is comparable to the income received by work schedule and job arrangement, and disabilities; other individuals who are not specifics of supervision (including (xi) Orientation and mobility services individuals with disabilities and who performance evaluation and review), for individuals who are blind; are self-employed in similar and determining a job location;

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(iii) Using a professional who is a member of an Indian tribe and cause comparable substantial functional representative chosen by the individual, includes a Native and a descendant of limitation. or if elected self-representation, to work a Native, as such terms are defined in (Authority: Section 7(21) of the with an employer to facilitate subsections (b) and (r) of section 3 of the Rehabilitation Act of 1973, as amended, 29 placement; and Alaska Native Claims Settlement Act (43 U.S.C. 705(21)) (iv) Providing services and supports at U.S.C. 1602). Maintenance means monetary support the job location. (ii) Indian tribe means any Federal or provided to an individual for expenses, (Authority: Sections 7(7) and 12(c) of the State Indian tribe, band, rancheria, pueblo, colony, or community, such as food, shelter, and clothing, that Rehabilitation Act of 1973, as amended, 29 are in excess of the normal expenses of U.S.C. 705(7) and 709(c)) including any Alaskan native village or regional village corporation (as defined the individual and that are necessitated Eligible individual means an in or established pursuant to the Alaska by the individual’s participation in an applicant for vocational rehabilitation Native Claims Settlement Act) and a assessment for determining eligibility services who meets the eligibility tribal organization (as defined in section and vocational rehabilitation needs or requirements of Section 102(a)(1) of the 4(l) of the Indian Self-Determination the individual’s receipt of vocational Act. and Education Assistance Act (25 U.S.C. rehabilitation services under an (Authority: Sections 7(20)(A), 12(c), and 450(b)(l)) and this section. individualized plan for employment. 102(a)(1) of the Rehabilitation Act of 1973, as (Authority: Sections 12(c) and 103(a)(7) of (Authority: Section 7(19) of the amended, 29 U.S.C. 705(20)(A), 709(c), and the Rehabilitation Act of 1973, as amended; Rehabilitation Act of 1973, as amended, 29 722) 29 U.S.C. 709(c) and 723(a)(7)) U.S.C. 705(19)) Employment outcome means, with Individual with a disability means— Examples: The following are respect to an individual, entering, In general any individual— examples of expenses that would meet advancing in or retaining full-time or, if (i) Who has a physical or mental the definition of maintenance. The appropriate, part-time competitive impairment; examples are illustrative, do not address integrated employment (including (ii) Whose impairment constitutes or all possible circumstances, and are not customized employment, self- results in a substantial impediment to intended to substitute for individual employment, telecommuting or business employment; and counselor judgment. ownership), or supported employment, (iii) Who can benefit in terms of an Example 1: The cost of a uniform or other that is consistent with an individual’s employment outcome from the suitable clothing that is required for an unique strengths, resources, priorities, provision of vocational rehabilitation individual’s job placement or job-seeking concerns, abilities, capabilities, services. activities. interests, and informed choice. Example 2: The cost of short-term shelter (Authority: Section 7(20)(A) of the that is required in order for an individual to (Authority: Sections 7(11) and 12(c) of the Rehabilitation Act of 1973, as amended; 29 participate in assessment activities or Rehabilitation Act of 1973, as amended, 29 U.S.C. 705(20)(A)) U.S.C. 705(11), and 709(c)) vocational training at a site that is not within Individual with a significant disability commuting distance of an individual’s home. Family member for purposes of means— Example 3: The initial one-time costs, such receiving vocational rehabilitation In general an individual with a as a security deposit or charges for the services means an individual— disability— initiation of utilities, that are required in (i) Who either— (i) Who has a severe physical or order for an individual to relocate for a job (A) Is a relative or guardian of an mental impairment that seriously limits placement. applicant or eligible individual; or one or more functional capacities (such Physical and mental restoration (B) Lives in the same household as an as mobility, communication, self-care, services means— applicant or eligible individual; self-direction, interpersonal skills, work (i) Corrective surgery or therapeutic (ii) Who has a substantial interest in tolerance, or work skills) in terms of an treatment that is likely, within a the well-being of that individual; and employment outcome; reasonable period of time, to correct or (iii) Whose receipt of vocational (ii) Whose vocational rehabilitation modify substantially a stable or slowly rehabilitation services is necessary to can be expected to require multiple progressive physical or mental enable the applicant or eligible vocational rehabilitation services over impairment that constitutes a individual to achieve an employment an extended period of time; and substantial impediment to employment; outcome. (iii) Who has one or more physical or (ii) Diagnosis of and treatment for (Authority: Sections 12(c) and 103(a)(19) of mental disabilities resulting from mental or emotional disorders by the Rehabilitation Act of 1973, as amended; amputation, arthritis, autism, blindness, qualified personnel in accordance with 29 U.S.C. 709(c) and 723(a)(19)) burn injury, cancer, cerebral palsy, State licensure laws; cystic fibrosis, deafness, head injury, Governing bodies of Indian tribes (iii) Dentistry; heart disease, hemiplegia, hemophilia, (iv) Nursing services; means those duly elected or appointed respiratory or pulmonary dysfunction, (v) Necessary hospitalization (either representatives of an Indian tribe or of intellectual disability, mental illness, inpatient or outpatient care) in an Alaskan native village. These multiple sclerosis, muscular dystrophy, connection with surgery or treatment representatives must have the authority musculo-skeletal disorders, neurological and clinic services; to enter into contracts, agreements, and disorders (including stroke and (vi) Drugs and supplies; grants on behalf of their constituency. epilepsy), spinal cord conditions (vii) Prosthetic and orthotic devices; (Authority: Sections 12(c) and 121(a) of the (including paraplegia and quadriplegia), (viii) Eyeglasses and visual services, Rehabilitation Act of 1973, as amended; 29 sickle cell anemia, specific learning including visual training, and the U.S.C. 709(c) and 741(a)) disability, end-stage renal disease, or examination and services necessary for Indian; American Indian; Indian another disability or combination of the prescription and provision of American; Indian tribe means—- disabilities determined on the basis of eyeglasses, contact lenses, microscopic (i) Indian, American Indian, and an assessment for determining eligibility lenses, telescopic lenses, and other Indian American mean an individual and vocational rehabilitation needs to special visual aids prescribed by

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personnel that are qualified in individual’s unique strengths, resources, (Authority: Section 12(c) of the accordance with State licensure laws; priorities, concerns, abilities, capabilities, Rehabilitation Act of 1973, as amended; 29 (ix) Podiatry; interests, and informed choice. These U.S.C. 709(c)) services are available to meet rehabilitation (x) Physical therapy; Substantial impediment to (xi) Occupational therapy; needs that do not require a complex and comprehensive provision of services and, employment means that a physical or (xii) Speech or hearing therapy; thus, should be limited in scope and mental impairment (in light of attendant (xiii) Mental health services; duration. If more comprehensive services are medical, psychological, vocational, (xiv) Treatment of either acute or required, then a new rehabilitation effort educational, communication, and other chronic medical complications and should be considered. Post-employment related factors) hinders an individual emergencies that are associated with or services are to be provided under an from preparing for, entering into, arise out of the provision of physical amended individualized plan for engaging in, advancing in or retaining and mental restoration services, or that employment; thus, a re-determination of eligibility is not required. The provision of employment consistent with the are inherent in the condition under individual’s abilities and capabilities. treatment; post-employment services is subject to the same requirements in this part as the (Authority: Sections 7(20)(A) and 12(c) of the (xv) Special services for the treatment provision of any other vocational of individuals with end-stage renal Rehabilitation Act of 1973, as amended; 29 rehabilitation service. Post-employment U.S.C. 705(20)(A) and 709(c)) disease, including transplantation, services are available to assist an individual dialysis, artificial kidneys, and supplies; to maintain employment, e.g., the Supported employment—(i) and individual’s employment is jeopardized Supported employment means (xvi) Other medical or medically because of conflicts with supervisors or co- competitive integrated employment, related rehabilitation services. workers, and the individual needs mental including customized employment, or (xvii) Services reflecting the cultural health services and counseling to maintain employment in an integrated work background of the American Indian the employment; or the individual requires setting in which an individual with a assistive technology to maintain the being served, including treatment employment; to regain employment, e.g., the most significant disability, including a provided by native healing practitioners individual’s job is eliminated through youth with a most significant disability, in accordance with 34 CFR 371.41(a)(2). reorganization and new placement services is working on a short-term basis toward (Authority: Sections 12(c), 103(a)(6), and are needed; and to advance in employment, competitive integrated employment that 121(b)(1)(B) of the Rehabilitation Act of 1973, e.g., the employment is no longer consistent is individualized, consistent with the as amended; 29 U.S.C. 709(c), 723(a)(6), and with the individual’s unique strengths, unique strengths, abilities, interests, and 741(b)(1)(B)) resources, priorities, concerns, abilities, informed choice of the individual, capabilities, interests, and informed choice. Physical or mental impairment including with ongoing support services means— Representatives of the Tribal for individuals with the most significant (i) Any physiological disorder or Vocational Rehabilitation program disabilities— condition, cosmetic disfigurement, or means, consistent with 34 CFR (A) For whom competitive integrated anatomical loss affecting one or more of 371.21(b), those individuals specifically employment has not historically the following body systems: responsible for determining eligibility, occurred, or for whom competitive Neurological, musculo-skeletal, special the nature and scope of vocational integrated employment has been sense organs, respiratory (including rehabilitation services, and the interrupted or intermittent as a result of speech organs), cardiovascular, provision of those services. a significant disability; and reproductive, digestive, genitourinary, (Authority: Sections 12(c) and 121(b)(1)(D) of (B) Who, because of the nature and hemic and lymphatic, skin, and the Rehabilitation Act of 1973, as amended, severity of their disability, need endocrine; or 29 U.S.C. 709(c) and 741(b)(1)(D)) intensive supported employment services and extended services after the (ii) Any mental or psychological Reservation means a Federal or State transition from support provided by the disorder such as intellectual or Indian reservation, public domain Tribal Vocational Rehabilitation Unit, in developmental disability, organic brain Indian allotment, former Indian order to perform this work. syndrome, emotional or mental illness, reservation in Oklahoma, land held by (ii) For purposes of this part, an and specific learning disabilities. incorporated Native groups, regional individual with the most significant corporations and village corporations (Authority: Sections 7(20)(A) and 12(c) of the disabilities, whose supported under the provisions of the Alaska Rehabilitation Act of 1973, as amended; 29 employment in an integrated setting U.S.C. 705(20)(A) and 709(c)) Native Claims Settlement Act; or a does not satisfy the criteria of defined area of land recognized by a Post-employment services means one competitive integrated employment is State or the Federal Government where or more of the services that are provided considered to be working on a short- there is a concentration of tribal subsequent to the achievement of an term basis toward competitive members and on which the tribal employment outcome and that are integrated employment so long as the government is providing structured necessary for an individual to maintain, individual can reasonably anticipate activities and services. regain, or advance in employment, achieving competitive integrated consistent with the individual’s unique (Authority: Sections 12(c) and 121(e) of the employment: strengths, resources, priorities, Rehabilitation Act of 1973, as amended; 29 (A) Within six months of achieving a concerns, abilities, capabilities, U.S.C. 709(c) and 741(e)) supported employment outcome; or interests, and informed choice. Subsistence means a form of self- (B) Within a period not to exceed 12 (Authority: Sections 12(c) and 103(a)(18) of employment in which individuals months from the achievement of the the Rehabilitation Act of 1973, as amended; produce, using culturally relevant and supported employment outcome, if a 29 U.S.C. 709(c)) and 723(a)(18)) traditional methods, goods or services longer period is necessary based on the that are predominantly consumed by needs of the individual, and the Note to definition of post-employment their own household or used for individual has demonstrated progress services. Post-employment services are noncommercial customary trade or toward competitive earnings based on intended to ensure that the employment barter and that constitute an important information contained in the service outcome remains consistent with the basis for the worker’s livelihood. record.

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(Authority: Sections 7(38) and 12(c) of the (v) That includes outreach to and information and support services to Rehabilitation Act of 1973, as amended; 29 engagement of the parents, or, as assist an individual in exercising U.S.C. 705(38) and 709(c)) appropriate, the representative of such a informed choice. Supported employment services student or youth with a disability. (iii) Referral and other services means ongoing support services, (Authority: Sections 12(c), 103(a)(15), and necessary to assist applicants and including customized employment, and (b)(7) of the Rehabilitation Act of 1973, as eligible individuals to secure needed other appropriate services needed to amended; 29 U.S.C. 709(c), 723(a)(15), and services from other agencies and to support and maintain an individual (b)(7)) advise those individuals about client with a most significant disability, Transportation means travel and assistance programs established under including a youth with a most related expenses that are necessary to 34 CFR part 370. significant disability, in supported enable an applicant or eligible (iv) Physical and mental restoration employment that are: individual to participate in a vocational services, to the extent that financial (i) Organized and made available, rehabilitation service, including support is not readily available from a singly or in combination, in such a way expenses for training in the use of source other than the Tribal Vocational as to assist an eligible individual to public transportation vehicles and Rehabilitation unit (such as through achieve competitive integrated systems. health insurance or a comparable employment; service or benefit). (ii) Based on a determination of the (Authority: Sections 12(c) and 103(a)(8) of (v) Vocational and other training needs of an eligible individual, as the Rehabilitation Act of 1973, as amended, 29 U.S.C. 709(c) and 723(a)(8)) services, including personal and specified in an individualized plan for vocational adjustment training, employment; Tribal organization means the advanced training (particularly (iii) Provided by the Tribal Vocational recognized governing body of any advanced training in a field of science, Rehabilitation Unit for a period of time Indian tribe or any legally established technology, engineering, or mathematics not to exceed 24 months, unless under organization of Indians which is (including computer science), medicine, special circumstances the eligible controlled, sanctioned, or chartered by law or business); books, tools, and other individual and the rehabilitation such governing body or which is training materials, except that no counselor or coordinator jointly agree to democratically elected by the adult training or training services in an extend the time to achieve the members of the Indian community to be institution of higher education employment outcome identified in the served by such organization and which (universities, colleges, community or individualized plan for employment; includes the maximum participation of junior colleges, vocational schools, and Indians in all phases of its activities. (iv) Following transition, as post- technical institutes, or hospital schools employment services that are (Authority: Sections 7(19) and 12(c) of the of nursing or any other postsecondary Rehabilitation Act of 1973, as amended; 29 education institution) may be paid for unavailable from an extended services U.S.C. 705(19) and 709(c); Section 4 of the provider and that are necessary to with funds under this part unless Indian Self-Determination and Education maximum efforts have been made by the maintain or regain the job placement or Assistance Act, 25 U.S.C. 450(b)) advance in employment. Tribal Vocational Rehabilitation unit Tribal Vocational Rehabilitation and the individual to secure grant (Authority: Sections 7(39) and 12(c) of the program means the unit designated by assistance in whole or in part from other Rehabilitation Act of 1973, as amended; 29 the governing bodies of an Indian Tribe, U.S.C. 705(39) and 709(c)) sources to pay for that training. or consortia of governing bodies, to (vi) Maintenance. Transition services means a implement and administer the grant (vii) Transportation in connection coordinated set of activities for a under this program in accordance with with the provision of any vocational student or youth with a disability— the purpose of the grant and all rehabilitation service. (i) Designed within an outcome- applicable programmatic and fiscal (viii) Vocational rehabilitation oriented process that promotes requirements. services to family members of an movement from school to post-school applicant or eligible individual if activities, including postsecondary (Authority: Sections 12(c) and 121(b)(1) of necessary to enable the applicant or education, vocational training, the Rehabilitation Act of 1973, as amended, 29 U.S.C. 709(c) and 741(b)(1)) eligible individual to achieve an competitive integrated employment, employment outcome. supported employment, continuing and Vocational Rehabilitation Services for adult education, adult services, Individuals means any services (ix) Interpreter services, including independent living, or community described in an individualized plan for sign language and oral interpreter participation; employment necessary to assist an services, for individuals who are deaf or (ii) Based upon the individual individual with a disability in preparing hard of hearing and tactile interpreting student’s or youth’s needs, taking into for, securing, retaining, advancing in or services for individuals who are deaf- account the student’s or youth’s regaining an employment outcome that blind provided by qualified personnel. preferences and interests; is consistent with the unique strengths, (x) Reader services, rehabilitation (iii) That includes instruction, resources, priorities, concerns, abilities, teaching services, and orientation and community experiences, the capabilities, interests, and informed mobility services for individuals who development of employment and other choice of the individual, including, but are blind. post-school adult living objectives, and, not limited to— (xi) Job-related services, including job if appropriate, acquisition of daily living (i) An assessment for determining search and placement assistance, job skills and functional vocational eligibility, priority for services, and retention services, follow-up services, evaluation; vocational rehabilitation needs by and follow-along services. (iv) That promotes or facilitates the qualified personnel, including, if (xii) Supported employment services. achievement of the employment appropriate, an assessment by personnel (xiii) Personal assistance services. outcome identified in the student’s or skilled in rehabilitation technology. (xiv) Post-employment services. youth’s individualized plan for (ii) Vocational rehabilitation (xv) Occupational licenses, tools, employment; and counseling and guidance, including equipment, initial stocks, and supplies.

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(xvi) Rehabilitation technology, individuals with significant disabilities agencies, in planning for the transition including vehicular modification, will be selected to participate in this of students with disabilities from school telecommunications, sensory, and other supervised program. to postsecondary life, including technological aids and devices. (5) If the Tribal Vocational employment. (xvii) Transition services for students Rehabilitation unit provides for these (G) Transition services to youth with and youth with disabilities that services and chooses to set aside funds disabilities and students with facilitate the transition from school to from the proceeds of the operation of disabilities, for which a vocational postsecondary life, such as achievement the small business enterprises, the rehabilitation counselor works in of an employment outcome in Tribal Vocational Rehabilitation unit concert with educational agencies, competitive integrated employment. must maintain a description of the providers of job training programs, (xviii) Technical assistance and other methods used in setting aside funds and providers of services under the consultation services to conduct market the purposes for which funds are set Medicaid program under title XIX of the analyses, develop business plans, and aside. Funds may be used only for small Social Security Act (42 U.S.C. 1396 et otherwise provide resources to eligible business enterprises purposes, and seq.), entities designated by the Tribal individuals who are pursuing self- benefits that are provided to operators Vocational Rehabilitation unit to employment or telecommuting or from set-aside funds must be provided provide services for individuals with establishing a small business operation on an equitable basis. developmental disabilities, centers for as an employment outcome. (B) The establishment, development, independent living (as defined in (xix) Customized employment. or improvement of a community section 702 of the Act), housing and (x) Other goods and services rehabilitation program that is used to transportation authorities, workforce determined necessary for the individual provide vocational rehabilitation development systems, and businesses with a disability to achieve an services that promote integration into and employers. These specific transition employment outcome. the community and prepare individuals services are to benefit a group of Vocational Rehabilitation Services for with disabilities for competitive students with disabilities or youth with Groups of Individuals provided for the integrated employment, including disabilities and are not individualized benefit of groups of individuals with supported employment and customized services directly related to a goal in an disabilities— employment, and under special individualized plan for employment (i) May be provided by the Tribal circumstances, the construction of a (IPE). Services may include, but are not Vocational Rehabilitation Unit and may community rehabilitation facility. limited to group tours of universities include the following: Examples of ‘‘special circumstances’’ and vocational training programs, (A) In the case of any small business include the destruction by natural employer or business site visits to learn enterprise operated by individuals with disaster of the only available center about career opportunities, career fairs significant disabilities under the serving an area or a Tribal Vocational coordinated with workforce supervision of the Tribal Vocational Rehabilitation unit determination that development and employers to facilitate Rehabilitation unit, management construction is necessary in a rural area mock interviews and resume writing, services and supervision provided by because no other public agencies or and other general services applicable to the Tribal Vocational Rehabilitation private nonprofit organizations are groups of students with disabilities and unit, along with the acquisition by the currently able to provide vocational youth with disabilities. Tribal Vocational Rehabilitation unit of rehabilitation services to individuals. (H) The establishment, development, vending facilities or other equipment (C) Telecommunications systems (that or improvement of assistive technology and initial stocks and supplies in have the potential for substantially demonstration, loan, reutilization, or accordance with the following improving vocational rehabilitation financing programs in coordination with requirements: service delivery methods and activities authorized under the Assistive (1) Management services and developing appropriate programming to Technology Act of 1998 (29 U.S.C. 3001 supervision includes inspection, quality meet the particular needs of individuals et seq.) to promote access to assistive control, consultation, accounting, with disabilities including telephone, technology for individuals with regulating, in-service training, and television, video description services, disabilities and employers. related services provided on a satellite, tactile-vibratory devices, and (I) Support (including, as appropriate, systematic basis to support and improve similar systems, as appropriate. tuition) for advanced training in a field small business enterprises operated by (D) Special services to provide of science, technology, engineering, or individuals with significant disabilities. nonvisual access to information for mathematics (including computer Management services and supervision individuals who are blind, including the science), medicine, law, or business, may be provided throughout the use of telecommunications, Braille, provided after an individual eligible to operation of the small business sound recordings, or other appropriate receive services under this title, enterprise. media; captioned television, films, or demonstrates: (2) Initial stocks and supplies include video cassettes for individuals who are (1) Such eligibility; those items necessary to the deaf or hard of hearing; tactile materials (2) Previous completion of a establishment of a new business for individuals who are deaf-blind; and bachelor’s degree program at an enterprise during the initial other special services that provide institution of higher education or establishment period, which may not information through tactile, vibratory, scheduled completion of such degree exceed 6 months. auditory, and visual media. program prior to matriculating in the (3) Costs of establishing a small (E) Technical assistance to businesses program for which the individual business enterprise may include that are seeking to employ individuals proposes to use the support; and operational costs during the initial with disabilities. (3) Acceptance by a program at an establishment period, which may not (F) Consultation and technical institution of higher education in the exceed six months. assistance services to assist State United States that confers a master’s (4) If the Tribal Vocational educational agencies and local degree in a field of science, technology, Rehabilitation unit provides for these educational agencies, and, where engineering, or mathematics (including services, it must ensure that only appropriate, Tribal Educational computer science), a juris doctor degree,

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a master of business administration in the operation of vocational (c) If using a contract to award funds degree, or a doctor of medicine degree, rehabilitation services programs under under this subpart, the Secretary may except that— this part. conduct the application process and (i) No training provided at an (b) An entity receiving assistance in make the subsequent award in institution of higher education shall be accordance with paragraph (a) of this accordance with 34 CFR part 75. paid for with funds under this program section shall provide training and (Authority: Sections 12(c) and Section 121(c) unless maximum efforts have been technical assistance with respect to of the Rehabilitation Act of 1973, as made by the Tribal Vocational developing, conducting, administering, amended; 29 U.S.C. 709(c) and 741(c)) Rehabilitation unit and the individual to and evaluating tribal vocational secure grant assistance, in whole or in rehabilitation programs funded under Subpart C—How Does One Apply for a part, from other sources to pay for such this part. Grant? training; and (Authority: Sections 12(c) and Section 121(c) § 371.20 What are the application (ii) Nothing in this paragraph prevents of the Rehabilitation Act of 1973, as procedures for this program? any Tribal Vocational Rehabilitation amended; 29 U.S.C. 709(c) and 741(c)) unit from providing similar support to (a) In the development of an individuals with disabilities pursuant to § 371.12 How does the Secretary make an application, the applicant is required to their approved IPEs who are eligible to award? consult with the designated State unit receive support under this program and (a) To be eligible to receive a grant or (DSU) for the state vocational who are not served under this enter into a contract or cooperative rehabilitation program in the State or paragraph. agreement under section 121(c) of the States in which vocational rehabilitation (ii) If the Tribal Vocational Act and this subpart, an applicant shall services are to be provided. Rehabilitation Unit provides for submit an application to the Secretary at (b) The procedures for the review and vocational rehabilitation services for such time, in such manner, and comment by the DSU or the DSUs of the groups of individuals it must — containing a proposal to provide such State or States in which vocational (A) Develop and maintain written training and technical assistance, and rehabilitation services are to be policies covering the nature and scope any additional information as the provided on applications submitted of each of the vocational rehabilitation Secretary may require. from within the State that the DSU or services it provides and the criteria (b) The Secretary shall provide for DSUs serve are in 34 CFR 75.155– under which each service is provided; peer review of applications by panels 75.159. and that include persons who are not (Authority: Sections 12(c) and 121(b)(1)(C) of (B) Maintain information to ensure Federal or State government employees the Rehabilitation Act of 1973, as amended; the proper and efficient administration and who have experience in the 29 U.S.C. 709(c) and 741(b)(1)(C)) of those services in the form and detail operation of vocational rehabilitation and at the time required by the services programs under this part. § 371.21 What are the special application Secretary, including the types of requirements related to the projects funded services provided, the costs of those (Authority: Sections 12(c) and Section 121(c) under this part? of the Rehabilitation Act of 1973, as services, and to the extent feasible, amended; 29 U.S.C. 709(c) and 741(c)) Each applicant under this program estimates of the numbers of individuals must provide evidence that— benefiting from those services. § 371.13 How does the Secretary (a) Effort will be made to provide a determine funding priorities? (Authority: Sections 12(c) and 103(a) and (b) broad scope of vocational rehabilitation of the Rehabilitation Act of 1973, as The Secretary shall conduct a survey services in a manner and at a level of amended, 29 U.S.C. 709(c) and 723(a) and of the governing bodies of Indian tribes quality at least comparable to those (b)) funded under this part regarding services provided by the designated training and technical assistance needs State unit. Subpart B—Training and Technical in order to determine funding priorities Assistance (Authority: Sections 12(c) and 121(b)(1)(B) of for such training and technical the Rehabilitation Act of 1973, as amended; § 371.10 What are the requirements for assistance. 29 U.S.C. 709(c) and 741(b)(1)(B)) funding training and technical assistance (Authority: Sections 12(c) and Section 121(c) (b) All decisions affecting eligibility under this subpart? of the Rehabilitation Act of 1973, as for vocational rehabilitation services, The Secretary shall first reserve not amended; 29 U.S.C. 709(c) and 741(c)) the nature and scope of available less than 1.8 percent and not more than § 371.14 How does the Secretary evaluate vocational rehabilitation services and 2 percent of funds appropriated and an application? the provision of such services will be made available to carry out this program made by a representative of the tribal to provide training and technical (a) The Secretary evaluates each application for a grant, cooperative vocational rehabilitation program assistance to the governing bodies of funded through this grant and such Indian tribes and consortia of those agreement or contract under this subpart on the basis of the selection criteria decisions will not be delegated to governing bodies awarded a grant under another agency or individual. this program. chosen from the general selection criteria found in EDGAR regulations at (Authority: Sections 12(c) and 121(b)(1)(D) of (Authority: Sections 12(c) and Section 121(c) 34 CFR 75.210. the Rehabilitation Act of 1973, as amended; of the Rehabilitation Act of 1973, as (b) The Secretary may award a 29 U.S.C. 709(c) and 741(b)(1)(D)) amended; 29 U.S.C. 709(c) and 741(c)) competitive preference consistent with (c) Priority in the delivery of § 371.11 How does the Secretary use these 34 CFR 75.102(c)(2) to applications that vocational rehabilitation services will be funds to provide training and technical include as project personnel in a given to those American Indians with assistance? substantive role, individuals that have disabilities who are the most (a) The Secretary uses these funds to been employed as a project director or significantly disabled. make grants to, or enter into contracts or VR counselor by a Tribal Vocational (Authority: Sections 12(c) and 101(a)(5) of other cooperative agreements with, Rehabilitation unit funded under this the Rehabilitation Act of 1973, as amended; entities that have staff with experience part. 29 U.S.C. 709(c) and 721(a)(5))

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(d) An order of selection of (Authority: Sections 12(c) and 102(c) of the (b) The Secretary may award a individuals with disabilities to be Rehabilitation Act of 1973, as amended; 29 competitive preference consistent with served under the program will be U.S.C. 709(c) and 722(c)(1)–(5) and (7)) 34 CFR 75.102(c)(2) to applications for specified if services cannot be provided (j) The tribal vocational rehabilitation the continuation of programs which to all eligible American Indians with program funded under this part must have been funded under this program. disabilities who apply. assure that any facility used in (Authority: Sections 12(c), 121(b)(1)(A), and (Authority: Sections 12(c) and 101(a)(5) of connection with the delivery of 121(b)(4) of the Rehabilitation Act of 1973, as the Rehabilitation Act of 1973, as amended; vocational rehabilitation services meets amended; 29 U.S.C. 709(c), 741(b)(1)(A)), and 29 U.S.C. 709 (c) and 721(a)(5)) facility and program accessibility 741(b)(4). requirements consistent with the (e) All vocational rehabilitation Subpart E—What Conditions Apply to requirements, as applicable, of the services will be provided according to a Grantee Under this Program? an individualized plan for employment Architectural Barriers Act of 1968, the which has been developed jointly by the Americans with Disabilities Act of 1990, § 371.40 What are the matching representative of the tribal vocational section 504 of the Act, and the requirements? rehabilitation program and each regulations implementing these laws. (a) Federal share Except as provided American Indian with disabilities being (Authority: Sections 12(c) and 101(a)(6)(C) of in paragraph (c) of this section, the served. the Rehabilitation Act of 1973, as amended; Federal share may not be more than 90 29 U.S.C. 709(c) and 721(a)(6)(C)) (Authority: Sections 12(c) and 101(a)(9) of percent of the total cost of the project. the Rehabilitation Act of 1973, as amended; (k) The tribal vocational rehabilitation (b) Non-Federal share The non- 29 U.S.C. 709(c) and 721 (a)(9)) program funded under this part must Federal share of the cost of the project may be in cash or in kind, fairly valued (f) American Indians with disabilities ensure that providers of vocational pursuant to match requirements in 2 living on or near Federal or State rehabilitation services are able to CFR 200.306. reservations where tribal vocational communicate in the native language of, rehabilitation service programs are or by using an appropriate mode of (c) Waiver of non-Federal share In being carried out under this part will communication with, applicants and order to carry out the purposes of the have an opportunity to participate in eligible individuals who have limited program, the Secretary may waive the matters of general policy development English proficiency, unless it is clearly non-Federal share requirement, in part and implementation affecting vocational not feasible to do so. or in whole, only if the applicant demonstrates that it does not have rehabilitation service delivery by the (Authority: Sections 12(c) and 101(a)(6)(A) of tribal vocational rehabilitation program. the Rehabilitation Act of 1973, as amended; sufficient resources to contribute the 29 U.S.C. 709(c) and 721(a)(6)(A)) non-Federal share of the cost of the (Authority: Sections 12(c) and 101(a)(16) of project. the Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) and 721(a)(16)) Subpart D—How Does the Secretary (Authority: Sections 12(c) and 121(a) of the Make a Grant? Rehabilitation Act of 1973, as amended; 29 (g) Cooperative working arrangements U.S.C. 709(c) and 741(a)) will be developed with the DSU, or § 371.31 How are grants awarded? § 371.41 What are allowable costs? DSUs, as appropriate, which are To the extent that funds have been providing vocational rehabilitation appropriated under this program, the (a) In addition to those allowable cost services to other individuals with Secretary approves all applications established in 2 CFR 200.400—200.475, disabilities who reside in the State or which meet acceptable standards of the following items are allowable costs States being served. program quality. If any application is under this program— (Authority: Sections 12(c) and 101(a)(11)(F) not approved because of deficiencies in (1) Expenditures for the provision of of the Rehabilitation Act of 1973, as proposed program standards, the vocational rehabilitation services and amended; 29 U.S.C. 709(c) and 721(a)(11)(F)) Secretary provides technical assistance for the administration, including staff to the applicant Indian tribe with development, of a program of vocational (h) Any comparable services and rehabilitation services. benefits available to American Indians respect to any areas of the proposal (2) Expenditures for services with disabilities under any other which were judged to be deficient. reflecting the cultural background of the program, which might meet in whole or (Authority: Sections 12(c) and 121(b)(1)(A) of American Indians being served, in part the cost of any vocational the Rehabilitation Act of 1973, as amended; including treatment provided by native rehabilitation service, will be fully 29 U.S.C. 709(c) and 741(b)(1)(A)) healing practitioners who are considered in the provision of § 371.32 What other factors does the recognized as such by the tribal vocational rehabilitation services. Secretary consider in reviewing an vocational rehabilitation program when (Authority: Sections 12(c) and 101(a)(8) of application? the services are necessary to assist an the Rehabilitation Act of 1973, as amended; (a) In addition to the selection criteria individual with disabilities to achieve 29 U.S.C. 709(c) and 721(a)(8)) used in accordance with the procedures his or her vocational rehabilitation (i) Any American Indian with in 34 CFR part 75, the Secretary, in objective. disabilities who is an applicant or making an award under this program, (b) Expenditures may not be made recipient of services, and who is considers the past performance of the under this program to cover the costs of dissatisfied with a determination made applicant in carrying out similar providing vocational rehabilitation by a representative of the tribal activities under previously awarded services to individuals with disabilities vocational rehabilitation program and grants, as indicated by such factors as not residing on or near Federal or State files a request for a review, will be compliance with grant conditions, reservations. afforded a review under procedures soundness of programmatic and (Authority: Sections 12(c) and 121(a) and developed by the grantee comparable to financial management practices and (b)(1) of the Rehabilitation Act of 1973, as those under the provisions of section attainment of established project amended; 29 U.S.C. 709(c) and 741(a) and 102(c)(1)–(5) and (7) of the Act. objectives. (b)(1))

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§ 371.42 How are services to be these requirements to this program, the (A) Are not so short as effectively to administered under this program? Secretary carries out those deny an individual a necessary service; (a) Directly or by contract. A grantee responsibilities assigned to the and under this part may provide the Secretary of Interior. (B) Permit exceptions so that vocational rehabilitation services (Authority: Sec. 12(c) and 121(b)(2) of the individual needs can be addressed. directly or it may contract or otherwise Rehabilitation Act of 1973, as amended; 29 (ii) The Tribal Vocational enter into an agreement with a DSU, a U.S.C 709(c) and 741(b)(2)) Rehabilitation unit may not place time community rehabilitation program, or (d) The Tribal Vocational limits on the provision of specific another agency to assist in the Rehabilitation unit must develop and services or on the provision of services implementation of the tribal vocational maintain written policies regarding the to an individual. The duration of each rehabilitation program. provision of vocational rehabilitation service needed by an individual must be (b) Inter-tribal agreement. A grantee services that ensure that the provision of determined on the basis of that under this part may enter into an inter- services is based on the vocational individual’s needs and reflected in that tribal arrangement with governing rehabilitation needs of each individual individual’s individualized plan for bodies of other Indian tribes for carrying as identified in that individual’s IPE and employment. out a project that serves more than one is consistent with the individual’s (4) Authorization of services. The Indian tribe. informed choice. The written policies Tribal Vocational Rehabilitation unit (c) Comparable services. To the may not establish any arbitrary limits on must establish policies related to the maximum extent feasible, services the nature and scope of vocational timely authorization of services. provided by a grantee under this part rehabilitation services to be provided to (Authority: Sections 12(c) and 121(b) of the must be comparable to vocational the individual to achieve an Rehabilitation Act of 1973, as amended, 29 rehabilitation services provided under employment outcome. The policies U.S.C. 709(c) and 741(b)) the State vocational rehabilitation must be developed in accordance with (e) Informed choice. Each individual program to other individuals with the following provisions: disabilities residing in the State. who is an applicant for or eligible to (1) Off-reservation services. (i) The receive vocational rehabilitation (Authority: Sections 12(c) and 121(b)(1)(B) of Tribal Vocational Rehabilitation unit services must be afforded the the Rehabilitation Act of 1973, as amended; may establish a preference for on- or opportunity to exercise informed choice 29 U.S.C. 709(c) and 741(b)(1)(B)) near-reservation services, provided that throughout the vocational rehabilitation § 371.43 What other special conditions the preference does not effectively deny process carried out under programs apply to this program? an individual a necessary service. If the funded under this part. The Tribal (a) Any American Indian with individual chooses an equivalent off- Vocational Rehabilitation unit must disabilities who is eligible for services reservation service at a higher cost than develop and maintain written policies under this program but who wishes to an available on- or near-reservation and procedures that require it— be provided services by the DSU must service, the Tribal Vocational (1) To inform each applicant and be referred to the DSU for such services. Rehabilitation unit is not responsible for eligible individual, through appropriate those costs in excess of the cost of the (Authority: Sec. 12(c) and 121(b)(3) of the modes of communication, about the on- or near-reservation service, if either availability of, and opportunities to Rehabilitation Act of 1973, as amended; 29 service would meet the individual’s U.S.C. 709(c) and 741(b)(3)) exercise, informed choice, including the rehabilitation needs. availability of support services for (b) Preference in employment in (ii) The Tribal Vocational individuals with cognitive or other connection with the provision of Rehabilitation unit may not establish disabilities who require assistance in vocational rehabilitation services under policies that effectively prohibit the exercising informed choice, throughout this section must be given to American provision of off-reservation services. the vocational rehabilitation process; Indians, with a special priority being (2) Payment for services (i) The Tribal (2) To assist applicants and eligible given to American Indians with Vocational Rehabilitation unit must individuals in exercising informed disabilities. establish and maintain written policies choice in decisions related to the (Authority: Sections 12(c) and 121(b)(2) of to govern the rates of payment for all purchased vocational rehabilitation provision of assessment services; the Rehabilitation Act of 1973, as amended; (3) To develop and implement flexible 29 U.S.C. 709(c) and 741(b)(2)) services. (ii) The Tribal Vocational procurement policies and methods that (c) The provisions of sections 5, 6, 7, Rehabilitation unit may establish a fee facilitate the provision of vocational and 102(a) of the Indian Self- schedule designed to ensure the rehabilitation services, and that afford Determination and Education program pays a reasonable cost for each eligible individuals meaningful choices Assistance Act also apply under this service, as long as the fee schedule— among the methods used to procure program (25 U.S.C. 450c, 450d, 450e, (A) Is not so low as effectively to deny vocational rehabilitation services; and 450f(a)). These provisions relate to an individual a necessary service; and (4) To provide or assist eligible grant reporting and audit requirements, (B) permits exceptions so that individuals in acquiring information maintenance of records, access to individual needs can be addressed. that enables them to exercise informed records, availability of required reports (C) The Tribal Vocational choice in the development of their IPEs and information to Indian people served Rehabilitation unit may not place and selection of— or represented, repayment of absolute dollar limits on the amount it (i) The employment outcome; unexpended Federal funds, criminal will pay for specific service categories (ii) The specific vocational activities involving grants, penalties, or on the total services provided to an rehabilitation services needed to wage and labor standards, preference individual. achieve the employment outcome; requirements for American Indians in (3) Duration of services (i) The Tribal (iii) The entity that will provide the the conduct and administration of the Vocational Rehabilitation unit may services; grant, and requirements affecting establish reasonable time periods for the (iv) The employment setting and the requests of tribal organizations to enter provision of services provided that the settings in which the services will be into contracts. For purposes of applying time periods— provided; and

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(v) The methods available for (Approved by the Office of Management and (v) These policies and procedures procuring the services; and Budget under control number 1820–0500) provide no fewer protections for (5) To ensure that the availability and (Authority: Sections 12(c), 102(b)(2)(B), and individuals than State laws and scope of informed choice is consistent 102(d) of the Rehabilitation Act of 1973, as regulations. with the obligations of the Tribal amended; 29 U.S.C. 709(c), 722(b)(2)(B), and (2) The Tribal Vocational Vocational Rehabilitation unit. 722(d)) Rehabilitation unit may establish (6) Information and assistance in the § 371.44 What are the special reasonable fees to cover extraordinary selection of vocational rehabilitation requirements pertaining to the protection, costs of duplicating records or making services and service providers: In use, and release of personal information? extensive searches and must establish assisting an applicant and eligible (a) General provisions. (1) The Tribal policies and procedures governing individual in exercising informed Vocational Rehabilitation unit must access to records. choice during the assessment for adopt and implement written policies (b) Tribal Vocational Rehabilitation determining eligibility and vocational and procedures to safeguard the Program Use. All personal information rehabilitation needs and during confidentiality of all personal in the possession of the Tribal development of the IPE, the Tribal information, including photographs and Vocational Rehabilitation unit must be Vocational Rehabilitation unit must lists of names. These policies and used only for the purposes directly provide the individual or the procedures must ensure that— connected with the administration of individual’s representative, or assist the (i) Specific safeguards are established the Tribal Vocational Rehabilitation individual or the individual’s to protect current and stored personal program. Information containing representative in acquiring, information information, including a requirement identifiable personal information may necessary to make an informed choice that data only be released when not be shared with advisory or other about the specific vocational governed by a written agreement bodies or other tribal agencies that do rehabilitation services, including the between the Tribal Vocational not have official responsibility for providers of those services, that are Rehabilitation unit and receiving entity administration of the program. In the needed to achieve the individual’s under paragraphs (d) and (e)(1) of this administration of the program, the employment outcome. This information section, which addresses the Tribal Vocational Rehabilitation unit must include, at a minimum, requirements in this section; may obtain personal information from service providers and cooperating information relating to the— (ii) All applicants and eligible agencies under assurances that the (i) Cost, accessibility, and duration of individuals and, as appropriate, those information may not be further potential services; individuals’ representatives, service divulged, except as provided under (ii) Consumer satisfaction with those providers, cooperating agencies, and paragraphs (c), (d), and (e) of this services to the extent that information interested persons are informed through appropriate modes of communication of section. relating to consumer satisfaction is (c) Release to applicants and eligible available; the confidentiality of personal information and the conditions for individuals. (1) Except as provided in (iii) Qualifications of potential service paragraphs (c)(2) and (3) of this section, providers; accessing and releasing this information; if requested in writing by an applicant (iv) Types of services offered by the or eligible individual, the Tribal potential providers; (iii) All applicants or their representatives are informed about the Vocational Rehabilitation unit must (v) Degree to which services are make all requested information in that provided in integrated settings; and Tribal Vocational Rehabilitation unit’s need to collect personal information and individual’s record of services (vi) Outcomes achieved by the policies governing its use, accessible to and must release the individuals working with service including— information to the individual or the providers, to the extent that such (A) Identification of the authority individual’s representative in a timely information is available. under which information is collected; manner. (7) Methods or sources of information: (B) Explanation of the principal (2) Medical, psychological, or other In providing or assisting the individual purposes for which the Tribal information that the Tribal Vocational or the individual’s representative in Vocational Rehabilitation unit intends Rehabilitation unit determines may be acquiring the information required to use or release the information; harmful to the individual may not be under paragraph (c) of this section, the (C) Explanation of whether providing released directly to the individual, but Tribal Vocational Rehabilitation unit requested information to the Tribal must be provided to the individual may use, but is not limited to, the Vocational Rehabilitation unit is through a third party chosen by the following methods or sources of mandatory or voluntary and the effects individual, which may include, among information: of not providing requested information; others, an advocate, a family member, or (i) Lists of services and service (D) Identification of those situations a qualified medical or mental health providers. in which the Tribal Vocational professional, unless a representative has (ii) Periodic consumer satisfaction Rehabilitation unit requires or does not been appointed by a court to represent surveys and reports. require informed written consent of the the individual, in which case the (iii) Referrals to other consumers, individual before information may be information must be released to the consumer groups, or disability advisory released; and court-appointed representative. councils qualified to discuss the (E) Identification of other agencies to (3) If personal information has been services or service providers. which information is routinely released; obtained from another agency or (iv) Relevant accreditation, (iv) An explanation of the Tribal organization, it may be released only by, certification, or other information Vocational Rehabilitation unit’s policies or under the conditions established by, relating to the qualifications of service and procedures affecting personal the other agency or organization. providers. information will be provided to each (4) An applicant or eligible individual (v) Opportunities for individuals to individual in that individual’s native who believes that information in the visit or experience various work and language or through the appropriate individual’s record of services is service provider settings. mode of communication; and inaccurate or misleading may request

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that the Tribal Vocational Rehabilitation enforcement, fraud, or abuse, unless 373.24 What are the special requirements unit amend the information. If the expressly prohibited by Federal or State pertaining to the protection, use, and information is not amended, the request laws or regulations, and in response to release of personal information? for an amendment must be documented an order issued by a judge, magistrate, Authority: Section 303(b) of the in the record of services. or other authorized judicial officer. Rehabilitation Act of 1973, as amended; 29 (d) Release for audit, evaluation, and (5) The Tribal Vocational U.S.C. 773(b), unless otherwise noted. research. Personal information may be Rehabilitation unit also may release released to an organization, agency, or personal information in order to protect Subpart A—General individual engaged in audit, evaluation, the individual or others if the individual § 373.1 What is the purpose of the or research only for purposes directly poses a threat to his or her safety or to Rehabilitation National Activities program? connected with the administration of the safety of others. The purpose of this program is to the tribal vocational rehabilitation (Authority: Sections 12(c) and 121(b)(1) of provide competitive grants, including program or for purposes that would the Rehabilitation Act of 1973, as amended; cooperative agreements, to, or enter into significantly improve the quality of life 29 U.S.C. 709(c) and 741(b)(1)) contracts with, eligible entities to for applicants and eligible individuals expand and improve the provision of and only if, in accordance with a § 371.45 What notice must be given about the Client Assistance Program (CAP)? vocational rehabilitation and other written agreement, the organization, services authorized under the agency, or individual assures that— The Tribal Vocational Rehabilitation Rehabilitation Act of 1973, as amended (1) The information will be used only unit shall use formats that are accessible (Act), or to further the purposes and for the purposes for which it is being to notify individuals seeking or policies in sections 2(b) and (c) of the provided; receiving services under this part, or as Act by supporting activities that (2) The information will be released appropriate, the parents, family increase the provision, extent, only to persons officially connected members, guardians, advocates, or availability, scope, and quality of with the audit, evaluation, or research; authorized representatives of those rehabilitation services under the Act, (3) The information will not be individuals, about— released to the involved individual; including related research and (a) The availability of CAP authorized evaluation activities. (4) The information will be managed by section 112 of the Act; in a manner to safeguard confidentiality; (b) The purposes of the services (Authority: Sections 2(b) and (c), 7(40), 12(c), and provided under the CAP; and and 303(b) of the Rehabilitation Act of 1973, (5) The final product will not reveal (c) How to contact the CAP. as amended; 29 U.S.C. 701(b) and (c), any personal identifying information 705(40), 709(c), and 773(b)) without the informed written consent of (Authority: Section 20 of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 717) § 373.2 Who is eligible for assistance? the involved individual or the ■ 5. Part 373 is revised to read as (a) The following types of individual’s representative. organizations are eligible for assistance (e) Release to other programs or follows: under this program: authorities. (1) Upon receiving the PART 373—REHABILITATION (1) State vocational rehabilitation informed written consent of the NATIONAL ACTIVITIES PROGRAM agencies. individual or, if appropriate, the (2) Community rehabilitation Subpart A—General individual’s representative, the Tribal programs. Vocational Rehabilitation unit may Sec. (3) Indian tribes or tribal release personal information to another 373.1 What is the purpose of the organizations. agency or organization, in accordance Rehabilitation National Activities (4) Other public or nonprofit agencies with a written agreement, for its program? or organizations, including institutions program purposes only to the extent that 373.2 Who is eligible for assistance? 373.3 What regulations apply? of higher education. the information may be released to the (5) For-profit organizations, if the involved individual or the individual’s 373.4 What definitions apply? 373.5 Who is eligible to receive services Secretary considers them to be representative and only to the extent and to benefit from activities conducted appropriate. that the other agency or organization by eligible entities? (6) Consortia that meet the demonstrates that the information 373.6 What types of projects may be requirements of 34 CFR 75.128 and requested is necessary for its program. funded? 75.129. (2) Medical or psychological 373.7 What are the priorities and other (7) Other organizations identified by information that the Tribal Vocational factors and requirements for the Secretary and published in the Rehabilitation unit determines may be competitions? Federal Register. harmful to the individual may be Subpart B—How Does the Secretary Make (b) In competitions held under this released if the other agency or a Grant? program, the Secretary may limit organization assures the Tribal 373.10 What selection criteria does the competitions to one or more types of Vocational Rehabilitation unit that the Secretary use? these organizations. information will be used only for the 373.11 What other factors does the (Authority: Sections 12(c) and 303(b)(2) of purpose for which it is being provided Secretary consider when making a grant? the Rehabilitation Act of 1973, as amended; and will not be further released to the Subpart C—What Conditions Must Be Met 29 U.S.C. 709(c) and 773(b)(2)) individual. By a Grantee? (3) The Tribal Vocational § 373.3 What regulations apply? Rehabilitation unit must release 373.20 What are the matching The following regulations apply to personal information if required by requirements? 373.21 What are the reporting requirements this program: Federal law or regulations. under this part? (a) The Education Department General (4) The Tribal Vocational 373.22 What are the limitations on indirect Administrative Regulations (EDGAR) as Rehabilitation unit must release costs? follows: personal information in response to 373.23 What additional requirements must (1) 34 CFR part 75 (Direct Grant investigations in connection with law be met? Programs).

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(2) 34 CFR part 77 (Definitions that (Authority: Sections 12(c) and 303(b) of the end-stage renal disease, or another Apply to Department Regulations). Rehabilitation Act of 1973, as amended; 29 disability or combination of disabilities (3) 34 CFR part 79 (Intergovernmental U.S.C. 709(c) and 773(b)) determined on the basis of an Review of Department of Education Employment outcome is defined in 34 assessment for determining eligibility Programs and Activities). CFR 361.5. and vocational rehabilitation needs to (4) 34 CFR part 81 (General Education cause comparable substantial functional Provisions Act—Enforcement). (Authority: Section 7(11) of the Rehabilitation Act of 1973, as amended; 29 limitation. (5) 35 CFR part 82 (New Restrictions U.S.C. 705(11)) on Lobbying). (Authority: Section 7(21)(A) of the (6) 34 CFR part 84 (Governmentwide Individual with a disability is defined Rehabilitation Act of 1973, as amended; 29 U.S.C. 705(21)(A)) Requirements for Drug-Free Workplace as follows: (Financial Assistance). (1) For an individual who will receive Informed choice means the provision (7) 34 CFR part 86 (Drug and Alcohol rehabilitation services under this part, of activities whereby individuals with Abuse Prevention). an individual with a disability means an disabilities served by projects under this (8) 34 CFR part 97 (Protection of individual— part have the opportunity to be active, Human Subjects). (i) Who has a physical or mental full partners in the rehabilitation (9) 34 CFR part 98 (Student Rights in impairment which, for that individual, process, making meaningful and Research, Experimental Programs, and constitutes or results in a substantial informed choices as follows: Testing. impediment to employment; and (1) During assessments of eligibility (10) 34 CFR part 99 (Family (ii) Who can benefit in terms of an and vocational rehabilitation needs. Educational Rights and Privacy). employment outcome from vocational (2) In the selection of employment (b) The regulations in this part 373. rehabilitation services. outcomes, services needed to achieve (c) The regulations in 48 CFR part 31 (2) For all other purposes of this part, the outcomes, entities providing these (Contracts Cost Principles and an individual with a disability means an services, and the methods used to Procedures). individual— (d)(1) 2 CFR part 180 (i) Who has a physical or mental secure these services. (Nonprocurement Debarment and impairment that substantially limits one (Authority: Sections 2(c) and 12(c) of the Act Suspension), as adopted at 2 CFR part or more major life activities; 29 U.S.C. 701(c) and 709(c)) 3485; and (ii) Who has a record of such an Rehabilitation services means (2) 2 CFR part 200 (Uniform impairment; or services, including vocational, medical, Administrative Requirements, Cost (iii) Who is regarded as having such social, and psychological rehabilitation Principles, and Audit Requirements for an impairment. services and other services under the Federal Awards) as adopted at 2 CFR (3) For purposes of paragraph (2) of Rehabilitation Act, provided to part 3474. this definition, projects that carry out individuals with disabilities in services or activities pertaining to Title (Authority: Sections 12(c) and 303(b) of the performing functions necessary in V of the Act must also meet the Rehabilitation Act of 1973, as amended; 29 preparing for, securing, retaining, or U.S.C. 709(c)) and 773(b) requirements for ‘‘an individual with a regaining an employment or disability’’ in section 7(20)(c) through § 373.4 What definitions apply? independent living outcome. (e) of the Act, as applicable. The following definitions apply to (Authority: Section 12(c) of the this part: (Authority: Section 7(20) of the Rehabilitation Act of 1973, as amended; 29 Act means the Rehabilitation Act of Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c)) 1973, as amended. U.S.C. 705(20)) Substantial impediment to (Authority: 29 U.S.C. 701 et seq.) Individual with a significant disability means an individual— employment means that a physical or Competitive integrated employment is (1) Who has a severe physical or mental impairment (in light of attendant defined in 34 CFR 361.5(c)(9). mental impairment that seriously limits medical, psychological, vocational, (Authority: Section 7(5) of the Rehabilitation one or more functional capacities (such educational, and other related factors) Act of 1973, as amended; 29 U.S.C. 705(5)) as mobility, communication, self-care, hinders an individual from preparing self-direction, interpersonal skills, work for, entering into, engaging in, or Early intervention means a service retaining employment consistent with delivery or model demonstration tolerance, or work skills) in terms of an employment outcome; the individual’s abilities and program for adults with disabilities capabilities. designed to begin the rehabilitation (2) Whose vocational rehabilitation services as soon as possible after the can be expected to require multiple (Authority: Section 7(20)(A) and 12(c) of the onset or identification of actually or vocational rehabilitation services over Act 29; U.S.C. 705(20)(A) and 709(c)) potentially disabling conditions. The an extended period of time; and Supported employment is defined in populations served may include, but are (3) Who has one or more physical or 34 CFR 361.5(c)(53). not limited to, the following: mental disabilities resulting from (1) Individuals with chronic and amputation, arthritis, autism, blindness, (Authority: Section 7(38) of the burn injury, cancer, cerebral palsy, Rehabilitation Act of 1973, as amended; 29 progressive diseases that may become U.S.C. 705(38)) more disabling, such as multiple cystic fibrosis, deafness, head injury, sclerosis, progressive visual disabilities, heart disease, hemiplegia, hemophilia, Vocational Rehabilitation Services or HIV. intellectual disability, respiratory or means services provided to an (2) Individuals in the acute stages of pulmonary dysfunction, mental illness, individual with a disability in preparing injury or illness, including, but not multiple sclerosis, muscular dystrophy, for, securing, retaining, or regaining an limited to, diabetes, traumatic brain musculo-skeletal disorders, neurological employment outcome that is consistent injury, stroke, burns, or amputation. disorders (including stroke and with the strengths, resources, priorities, (3) Individuals receiving an epilepsy), paraplegia, quadriplegia and concerns, abilities, capabilities, employer’s short-term or long-term other spinal cord conditions, sickle-cell interests, and informed choice of the disability insurance benefits. anemia, specific learning disabilities, individual. Vocational Rehabilitation

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Services for an individual with a (ii) Non-traditional jobs, professional (c) Technical assistance. disability may include— employment, and work settings; (d) Systems change. (1) An assessment for determining (iii) Collaborating with employers, (e) Special studies, research, or eligibility and vocational rehabilitation Economic Development Councils, and evaluations. needs by qualified personnel, including, others in creating new jobs and career (f) Dissemination and utilization. if appropriate, an assessment by advancement options in local job (Authority: Sections 12(c) and 303(b)(4) of personnel skilled in rehabilitation markets through the use of job the Rehabilitation Act of 1973, as amended; technology; restructuring and other methods; and 29 U.S.C. 709(c) and 773(b)(4)) (iv) Other services as identified by the (2) Counseling and guidance, § 373.7 What are the priorities and other including information and support Secretary and published in the Federal factors and requirements for competitions? services to assist an individual in Register. (a) In announcing competitions for exercising informed choice; (Authority: Section 7(40) of the grants and contracts, the Secretary gives (3) Referral and other services to Rehabilitation Act of 1973, as amended; 29 priority consideration to— secure needed services from other U.S.C. 705(40)) (1) Initiatives focused on improving agencies; Youth or Young adults with transition from education, including (4) Job-related services, including job disabilities means individuals with postsecondary education, to search and placement assistance, job disabilities who are between the ages of employment, particularly in competitive retention services, follow-up services, 14 and 24 inclusive when entering the integrated employment, for youth who and follow-along services; program. are individuals with significant (5) Vocational and other training (Authority: Section 7(42) of the disabilities. services, including the provision of (2) Supported employment, including personal and vocational adjustment Rehabilitation Act of 1973, as amended; 29 U.S.C. 705(42) community-based supported services, books, tools, and other training employment programs to meet the needs materials; (Authority: Sections 7(40), 12(c), and 103(a) of individuals with the most significant of the Rehabilitation Act of 1973, as (6) Diagnosis and treatment of disabilities or to provide technical physical and mental impairments; amended; 29 U.S.C. 705(40), 709(c) and 723(a)) assistance to States and community (7) Maintenance for additional costs organizations to improve and expand incurred while the individual is § 373.5 Who is eligible to receive services the provision of supported employment receiving services; and to benefit from activities conducted by services. (8) Transportation; eligible entities? (3) Increasing competitive integrated (9) On-the-job or other related (a)(1) For projects that provide employment for individuals with personal assistance services; rehabilitation services or activities to significant disabilities. (10) Interpreter and reader services; expand and improve the provision of (b) In announcing competitions for (11) Rehabilitation teaching services, rehabilitation services and other grants and contracts, the Secretary may and orientation and mobility services; services authorized under Titles I, III, also identify one or more of the (12) Occupational licenses, tools, and VI of the Act, individuals are following as priorities— equipment, and initial stocks and eligible who meet the definition in (1) Expansion of employment supplies; paragraph (a) of an ‘‘individual with a opportunities for individuals with (13) Technical assistance and other disability’’ as stated in § 373.4. disabilities, as authorized in consultation services to conduct market (2) For projects that provide paragraph(s) of the definition of analysis, develop business plans, and independent living services or activities, ‘‘vocational rehabilitation services’’ as otherwise provide resources to eligible individuals are eligible who meet the stated in § 373.4. individuals who are pursuing self- definition in paragraph (b) of an (2) System change projects to promote employment or telecommuting or ‘‘individual with a disability’’ as stated meaningful access of individuals with establishing a small business operation in § 373.4. disabilities to employment-related as an employment outcome; (3) For projects that provide other services under subtitle B of title I of the (14) Rehabilitation technology, services or activities that further the Workforce Innovation and Opportunity including telecommunications, sensory, purposes of the Act, individuals are Act and under other Federal laws. and other technological aids and eligible who meet the definition in (3) Innovative methods of promoting devices; paragraph (b) of an ‘‘individual with a achievement of high-quality (15) Transition services for disability’’ as stated in § 373.4. employment outcomes. individuals with disabilities that (b) By publishing a notice in the (4) The demonstration of the facilitate the achievement of Federal Register, the Secretary may effectiveness of early intervention employment outcomes; identify individuals determined to be activities in improving employment (16) Supported employment services; eligible under one or more of the outcomes. (17) Services to the family of an provisions in paragraph (a) of this (5) Projects to find alternative individual with a disability necessary to section. methods of providing affordable assist the individual to achieve an transportation services to individuals employment outcome; (Authority: Sections 12(c), 103(a), and 303(b) with disabilities. (18) Post-employment services of the Rehabilitation Act of 1973, as (6) Technical assistance to designated necessary to assist an individual with a amended; 29 U.S.C. 709(c), 723(a), and State units and their personnel in 773(b)) disability to retain, regain, or advance in working with employers to identify employment; and § 373.6 What types of projects may be competitive integrated employment (19) Expansion of employment funded? opportunities and career exploration opportunities for individuals with The Secretary may fund the following opportunities in order to facilitate the disabilities, which includes, but is not types of projects under this program: provision of vocational rehabilitation limited to— (a) Special projects of service services and transition services for (i) Self-employment, business delivery. youth with disabilities and students ownership, and entreprenuership; (b) Model demonstration. with disabilities.

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(7) Consultation, training and the Rehabilitation Act of 1973, as amended; program, the Secretary may require that technical assistance to businesses that 29 U.S.C. 709(c), 721(a)(7)(B)(ii) and (11)(E), recipients of grants under this part have hired or are interested in hiring 723(b)(5), 728a, and 773(b)(5)) submit information determined by the individuals with disabilities. Secretary to be necessary to measure Subpart B—How Does the Secretary (8) Technical assistance and training project outcomes and performance, Make a Grant? to designated State units and their including any data needed to comply personnel on establishment and § 373.10 What selection criteria does the with the Government Performance and maintenance of education and Secretary use? Results Act. experience requirements, to ensure that The Secretary publishes in the (b) Specific reporting requirements for the personnel have a 21st century Federal Register or includes in the competitions will be identified by the understanding of the evolving labor application package the selection Secretary and published in the Federal force and the needs of individuals with criteria for each competition under this Register. disabilities. program. To evaluate the applications (Authority: Sections 12(c), 303(b)(2)(B), and (9) Technical assistance to State for new grants under this program, the 306 of the Rehabilitation Act of 1973, as vocational rehabilitation agencies or Secretary may use the following: amended; 29 U.S.C. 709(c), 773(b)(2)(B), and State vocational rehabilitation units to (a) Selection criteria established 776) improve management practices that will under 34 CFR 75.209. § 373.22 What are the limitations on improve the provision of vocational (b) Selection criteria in 34 CFR indirect costs? rehabilitation services and increase 75.210. (a) Indirect cost reimbursement for competitive employment outcomes for (c) Any combination of selection grants under this program is limited to individuals with disabilities. criteria from paragraphs (a) and (b) of the recipient’s actual indirect costs, as (10) Other projects that will expand this section. determined by its negotiated indirect and improve the provision, extent, (Authority: Sections 12(c) and 103(a) of the cost rate agreement, or 10 percent of the availability, scope, and quality of Rehabilitation Act of 1973, as amended; 29 total direct cost base, whichever amount rehabilitation and other services under U.S.C. 709(c) and 723(a)) is less. the Act or that further the purpose and (b) Indirect costs in excess of the 10 policy of the Act as stated in sections § 373.11 What other factors does the percent limit may be used to satisfy Secretary consider when making a grant? 2(b) and (c) of the Act. matching or cost-sharing requirements. (c) In announcing competitions of (a) The Secretary funds only those (c) The 10 percent limit does not grants and contract the Secretary may applications submitted in response to apply to federally recognized Indian limit the priorities listed in paragraphs competitions announced in the Federal tribal governments and their tribal (a) and (b) of this section to address one Register. representatives. (b) The Secretary may consider the or more of the following factors: (Authority: Section 12(c) of the (1) Age ranges. past performance of the applicant in Rehabilitation Act of 1973, as amended; 29 (2) Types of disabilities. carrying out activities under previously U.S.C. 709(c)) (3) Types of services. awarded grants. (4) Models of service delivery. (c) The Secretary awards bonus points § 373.23 What additional requirements (5) Stages of the vocational if identified and published in the must be met? rehabilitation process; Federal Register for specific (a) Each grantee must do the (6) Unserved and underserved competitions. following: populations. (1) Ensure equal access and treatment (Authority: Sections 12(c) and 103(a) of the for eligible project participants who are (7) Unserved and underserved Rehabilitation Act of 1973, as amended; 29 geographical areas. U.S.C. 709(c) and 723(a)) members of groups that have (8) Individuals with significant traditionally been underrepresented disabilities. Subpart C—What Conditions Must Be based on race, color, national origin, (9) Low-incidence disability Met By a Grantee? gender, age, or disabilities. (2) Encourage applications for populations. § 373.20 What are the matching employment from persons who are (10) Individuals residing in federally requirements? members of groups that have designated Empowerment Zones and The Secretary may make grants to pay traditionally been underrepresented Enterprise Communities. all or part of the cost of activities based on race, color, national origin, (d) The Secretary may require that an covered under this program. If the gender, age, or disabilities. applicant certify that the project does Secretary determines that the grantee is (3) Advise individuals with not include building upon or expanding required to pay part of the costs, the disabilities who are applicants for or activities that have previously been amount of grantee participation is recipients of the services, or the conducted or funded, for that applicant specified in the application notice, and applicants’ representatives or the or in that service area. the Secretary will not require grantee individuals’ representatives, of the (e) The Secretary may require that the participation to be more than 10 percent availability and purposes of the Client project widely disseminate the methods of the total cost of the project. Assistance Program, including of vocational rehabilitation service (Authority: Sections 12(c) and 303(b)(1) of information on means of seeking delivery or model proven to be effective, assistance under that program. so that they may be adapted, replicated, the Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c) and 773(b)(1)) (4) Provide, through a careful or purchased under fee-for-service appraisal and study, an assessment and arrangements by State vocational § 373.21 What are the reporting evaluation of the project that indicates rehabilitation agencies and other requirements under this part? the significance or worth of processes, disability organizations in the project’s (a) In addition to the program and methodologies, and practices targeted service area or other locations. fiscal reporting requirements in 34 CFR implemented by the project. (Authority: Sections 12(c), 101(a)(7)(B)(ii) 75.720 and 2 CFR 200.327 that are (b) A grantee may not make a subgrant and (11)(E), 103(b)(5), 108a, and 303(b)(5) of applicable to projects funded under this under this part. However, a grantee may

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contract for supplies, equipment, and Subpart B—How Does One Apply for an Protection and Advocacy of Individual other services, in accordance with 2 Award? Rights (PAIR) program to plan for, CFR part 200 (Uniform Administrative 381.10 What are the application develop outreach strategies for, and Requirements, Cost Principles, and requirements? carry out a protection and advocacy Audit Requirements for Federal Subpart C—How Does the Secretary Make program authorized under this part. Awards) as adopted at 2 CFR part 3474. an Award? (c) In any fiscal year in which the amount appropriated to carry out this (Authority: Sections 12(c) and 303(b)(2)(B) of 381.20 How does the Secretary evaluate an the Rehabilitation Act of 1973, as amended; application? part is equal to or greater than 29 U.S.C. 709(c) and 773(b)(2)(B)) 381.22 How does the Secretary allocate $5,500,000, an eligible system from any funds under this program? State and from any of the jurisdictions § 373.24 What are the special named in paragraph (b) of this section Subpart D—What Conditions Must Be Met requirements pertaining to the protection, may apply to receive the amount use, and release of personal information? After an Award? allotted pursuant to section 509(c)-(e) of (a) All personal information about 381.30 How are services to be the Act. individuals served by any project under administered? this part, including lists of names, 381.31 What are the requirements (Authority: Section 509(b), (c), and (m) of the addresses, photographs, and records of pertaining to the protection, use, and Rehabilitation Act of 1973, as amended; 29 U.S.C. 794e(b), (c), and (m)) evaluation, must be confidential. release of personal information? (b) The use of information and records 381.32 What are the reporting requirements under this part? § 381.3 What activities may the Secretary concerning individuals must be limited 381.33 What are the requirements related to fund? only to purposes directly connected the use of funds provided under this (a) Funds made available under this with the project, including project part? part must be used for the following reporting and evaluation activities. This Authority: Section 509 of the activities: information may not be disclosed, Rehabilitation Act of 1973, as amended; 29 (1) Establishing a system to protect, directly or indirectly, other than in the U.S.C. 794e, unless otherwise noted. and advocate for, the rights of administration of the project unless the individuals with disabilities. consent of the agency providing the Subpart A—General (2) Pursuing legal, administrative, and information and the individual to whom other appropriate remedies or the information applies, or his or her § 381.1 What is the Protection and approaches to ensure the protection of, Advocacy of Individual Rights program? representative, has been obtained in and advocacy for, the rights of eligible writing. The Secretary or other Federal This program is designed to support individuals with disabilities within the officials responsible for enforcing legal a system in each State to protect the State or the American Indian requirements have access to this legal and human rights of eligible Consortium. information without written consent individuals with disabilities. (3) Providing information on and being obtained. The final products of (Authority: Section 509(a) of the making referrals to programs and the project may not reveal any personal Rehabilitation Act of 1973, as amended; 29 services addressing the needs of identifying information without written U.S.C. 794e(a)) individuals with disabilities in the State consent of the individual or his or her § 381.2 Who is eligible for an award? or American Indian Consortium, representative. including individuals with disabilities (a)(1) A protection and advocacy who are exiting from school programs. (Authority: Sections 12(c) and 303(b)(2)(B) of system that is established under part C the Rehabilitation Act of 1973, as amended; (4) Coordinating the protection and 29 U.S.C. 709(c), and 773(b)(2)(B)) of title I of the Developmental advocacy program provided through an Disabilities Assistance and Bill of Rights eligible system with the advocacy PART 376 [REMOVED AND Act of 2000 (DD Act), 42 U.S.C. 15041 programs under— RESERVED] et seq., and that meets the requirements (i) Section 112 of the Act (the Client of § 381.10 is eligible to apply for a grant ■ 6. Part 376 is removed and reserved. Assistance Program (CAP)); award under this part. (ii) The Older Americans Act of 1965 PART 377 [REMOVED AND (2)(i) For any fiscal year in which the (the State long-term care ombudsman RESERVED] appropriation to carry out the activities program) (42 U.S.C. 3001 et seq.); of this part equals or exceeds (iii) Part C of the DD Act; and ■ 7. Part 377 is removed and reserved. $10,500,000, the eligible system serving (iv) The Protection and Advocacy for the American Indian Consortium is Individuals with Mental Illness Act of PART 379 [REMOVED AND eligible to apply for a grant award under 2000 (PAIMI) (42 U.S.C. 10801–10807). RESERVED] this part. (5) Developing a statement of ■ 8. Part 379 is removed and reserved. (ii) For purposes of this part, an objectives and priorities on an annual ■ 9. Part 381 is revised to read as eligible system is defined at § 381.5(c). basis and a plan for achieving these follows: (iii) For purposes of this part, the objectives and priorities. American Indian Consortium means a (6) Providing to the public, including PART 381—PROTECTION AND consortium established as described in individuals with disabilities and, as ADVOCACY OF INDIVIDUAL RIGHTS section 102 of the DD Act (42 U.S.C. appropriate, their representatives, an 15002). opportunity to comment on the Subpart A—General (b) In any fiscal year in which the objectives and priorities described in Sec. amount appropriated to carry out this § 381.10(a)(6). 381.1 What is the Protection and Advocacy part is less than $5,500,000, a protection (7) Establishing a grievance procedure of Individual Rights program? and advocacy system from any State or for clients or prospective clients of the 381.2 Who is eligible for an award? 381.3 What activities may the Secretary from Guam, American Samoa, the eligible system to ensure that fund? United States Virgin Islands, or the individuals with disabilities are 381.4 What regulations apply? Commonwealth of the Northern Mariana afforded equal access to the services of 381.5 What definitions apply? Islands, may apply for a grant under the the eligible system.

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(b) Funds made available under this government agencies (whether tribal, (Authority: Sections 7(34), 12(c), and 509 of part also may be used to carry out any State, local, or Federal). Advocacy also the Rehabilitation Act of 1973, as amended; other activities consistent with the may be informal, as in the case of a 29 U.S.C. 705(34), 709(c) and 794e) purpose of this part and the activities lawyer or non-lawyer representing an Subpart B—How Does One Apply for listed in paragraph (a) of this section. individual in negotiations, mediation, or an Award? (Authority: Sections 12(c) and 509(f) of the informal administrative proceedings Rehabilitation Act of 1973, as amended; 29 before government agencies (whether § 381.10 What are the application U.S.C. 709(c) and 794e(f)). tribal, State, local, or Federal), or as in requirements? the case of a lawyer or non-lawyer (a) Regardless of the amount of funds § 381.4 What regulations apply? representing an individual’s cause appropriated for the PAIR program in a The following regulations apply to the before private entities or organizations, fiscal year, an eligible system shall PAIR program: or government agencies (whether tribal, submit to the Secretary an application (a) The Education Department General State, local, or Federal). Advocacy may for assistance under this part at the time Administrative Regulations (EDGAR) as be on behalf of— and in the form and manner determined follows: (i) A single individual, in which case by the Secretary that contains all (1) 34 CFR part 75 (Direct Grant it is individual advocacy; information that the Secretary Programs) for purposes of an award (ii) More than one individual or a determines necessary, including made under § § 381.20 or 381.22(a)(1). group or class of individuals, in which assurances that the eligible system (2) 34 CFR part 76 (State- case it is systems (or systemic) will— Administered Programs), if the advocacy; or (1) Have in effect a system to protect, appropriation for the PAIR program is (iii) Oneself, in which case it is self and advocate for, the rights of eligible equal to or greater than $5,500,000 and advocacy. individuals with disabilities; the eligible system is a State or local Eligible individual with a disability (2) Have the same general authorities, government agency, except for— means an individual who— including the authority to access records (i) Section 76.103; (i) Needs protection and advocacy and program income, as in part C of title (ii) Sections 76.125 through 76.137; services that are beyond the scope of I of the DD Act; (iii) Sections 76.300 through 76.401; services authorized to be provided by (3) Have the authority to pursue legal, (iv) Section 76.704; the CAP under section 112 of the Act; (v) Section 76.734; and administrative, and other appropriate and (vi) Section 76.740. remedies or approaches to ensure the (ii) Is ineligible for— (3) 34 CFR part 77 (Definitions that protection of, and advocacy for, the Apply to Department Regulations). (A) Protection and advocacy programs rights of eligible individuals with (4) 34 CFR part 79 (Intergovernmental under part C of the DD Act; and disabilities within the State and the Review of Department of Education (B) Protection and advocacy programs American Indian Consortium; Programs and Activities). under the PAIMI. (4) Provide information on and make (5) 34 CFR part 81 (General Education Eligible system means a protection referrals to programs and services Provisions Act—Enforcement). and advocacy system that is established addressing the needs of individuals (6) 34 CFR part 82 (New Restrictions under part C of the DD Act and that with disabilities in the State and the on Lobbying). meets the requirements of § 381.10. American Indian Consortium, including (b) 2 CFR part 180 (OMB Guidelines Mediation means the act or process of individuals with disabilities who are to Agencies on Debarment and using an independent third party to act exiting from school programs; Suspension (Nonprocurement)), as as a mediator, intermediary, or (5) Develop a statement of objectives adopted at 2 CFR part 3485. conciliator to settle differences or and priorities on an annual basis and a (c) 2 CFR part 200 (Uniform disputes between persons or parties. plan for achieving these objectives and Administrative Requirements, Cost The third party who acts as a mediator, priorities; Principles, and Audit Requirements for intermediary, or conciliator must not be (6) Provide to the public, including Federal Awards), as adopted at 2 CFR any entity or individual who is individuals with disabilities and, as part 3474. connected in any way with the eligible appropriate, their representatives, an (d) The regulations in this part 381. system or the agency, entity, or opportunity to comment on the individual with whom the individual objectives and priorities established by, (Authority: Sections 12(c) and 509 of the Rehabilitation Act of 1973, as amended; 29 with a disability has a dispute. and activities of, the eligible system U.S.C. 709(c) and 794e) Mediation may involve the use of including— professional mediators or any other (i) The objectives and priorities for the § 381.5 What definitions apply? independent third party mutually activities of the eligible system for each (a) Definitions in EDGAR at 34 CFR agreed to by the parties to the dispute. year and the rationale for the part 77. State means, in addition to each of the establishment of those objectives and (b) Definitions in 2 CFR part 200 several States of the United States, the priorities; and subpart A. District of Columbia, the (ii) The coordination of the PAIR (c) Other definitions. The following Commonwealth of Puerto Rico, the program provided through eligible definitions also apply to this part: United States Virgin Islands, Guam, systems with the advocacy programs Act means the Rehabilitation Act of American Samoa, and the under— 1973, as amended. Commonwealth of the Northern Mariana (A) Section 112 of the Act (CAP); Advocacy means pleading an Islands, except for purposes of sections (B) The Older Americans Act of 1965 individual’s cause or speaking or 509(c)(3)(B) and (c)(4) of the Act, in (the State long-term care ombudsman writing in support of an individual. which case State does not mean or program); Advocacy may be formal, as in the case include Guam, American Samoa, the (C) Part C of the DD Act; and of a lawyer representing an individual United States Virgin Islands, and the (D) The PAIMI; in a court of law or in formal Commonwealth of the Northern Mariana (7) Establish a grievance procedure for administrative proceedings before Islands. clients or prospective clients of the

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eligible system to ensure that to an eligible system that submits an services, or habilitation to persons with individuals with disabilities are application that meets the requirements disabilities. afforded equal access to the services of of § 381.10 the amount of the allotment (d) For purposes of paragraph (c) of the eligible system; to the State pursuant to section 509 of this section, ‘‘services under the Act’’ (8) Use funds made available under the Act, unless the State provides and ‘‘treatment, services, or this part to supplement and not otherwise. habilitation’’ does not include client supplant the non-Federal funds that (c) For any fiscal year in which the assistance services under CAP, would otherwise be made available for amount appropriated to carry out this protection and advocacy services the purpose for which Federal funds are program equals or exceeds $10,500,000, authorized under the protection and provided; and the Secretary shall reserve a portion, advocacy programs under part C of the (9) Implement procedures designed to and use the portion to make a grant for DD Act and the PAIMI, or any other ensure that, to the maximum extent the eligible system serving the American protection and advocacy services. possible, mediation (and other Indian Consortium. The Secretary shall (Authority: Section 12(c) of the alternative dispute resolution) make the grant in an amount of not less Rehabilitation Act of 1973, as amended; 29 procedures, which include good faith than $50,000 for the fiscal year. U.S.C. 709(c)) negotiation, are used before resorting to (d) Reallotment: formal administrative or legal remedies. (1) For any fiscal year in which the § 381.31 What are the requirements (b) To receive direct payment of funds amount appropriated to carry out this pertaining to the protection, use, and release of personal information? under this part, an eligible system must program equals or exceeds $5,500,000 provide to the Secretary, as part of its and if the Secretary determines that any (a) All personal information about application for assistance, an assurance amount of an allotment to an eligible individuals served by any eligible that direct payment is not prohibited by system within a State will not be system under this part, including lists of or inconsistent with tribal or State law, expended by such system in carrying names, addresses, photographs, and regulation, or policy. out the provisions of this part, the records of evaluation, must be held Secretary shall make such amount confidential. (Approved by the Office of Management and (b) The eligible system’s use of Budget under control number 1820–0018) available to one or more of the eligible systems that the Secretary determines information and records concerning (Authority: Sections 12(c) and 509(f) and will be able to use additional amounts individuals must be limited only to (g)(1) of the Rehabilitation Act of 1973, as during such year for carrying out this purposes directly connected with the amended; 29 U.S.C. 709(c) and 794e(f) and protection and advocacy program, (g)(1)) part. (2) Any reallotment amount made including program evaluation activities. Subpart C—How Does the Secretary available to an eligible system for any Except as provided in paragraph (c) of Make an Award? fiscal year shall, for the purposes of this this section, an eligible system may not section, be regarded as an increase in disclose personal information about an § 381.20 How does the Secretary evaluate the eligible system’s allotment under individual, directly or indirectly, other an application? this part for that fiscal year. than in the administration of the In any fiscal year in which the protection and advocacy program, (Authority: Sections 12(c) and 509(c)–(e) of unless the consent of the individual to amount appropriated for the PAIR the Rehabilitation Act of 1973, as amended; program is less than $5,500,000, the 29 U.S.C. 709(c) and 794e(c)–(e)) whom the information applies, or his or Secretary evaluates applications under her guardian, parent, or other the procedures in 34 CFR part 75. Subpart D—What Conditions Must Be authorized representative or advocate (Authority: Sections 12(c) and 509(b) and (f) Met After an Award? (including the individual’s advocate of the Rehabilitation Act of 1973, as from the eligible system), has been § 381.30 How are services to be amended; 29 U.S.C. 709(c) and 794e(b) and obtained in writing. An eligible system administered? (f)) may not produce any report, evaluation, (a) Each eligible system shall carry out or study that reveals any personally § 381.22 How does the Secretary allocate the protection and advocacy program identifying information without the funds under this program? authorized under this part. written consent of the individual or his (a) In any fiscal year in which the (b) An eligible system may not award or her representative. amount appropriated for this program is a grant or make a subaward to another (c) Except as limited in paragraph (d) equal to or greater than $5,500,000— entity to carry out, in whole or in part, of this section, the Secretary or other (1) The Secretary sets aside not less the protection and advocacy program Federal or State officials responsible for than 1.8 percent but not more than 2.2 authorized under this part. enforcing legal requirements must be percent of the amount appropriated to (c) An eligible system may contract given complete access to all— provide a grant, contract, or cooperative with another agency, entity, or (1) Records of the eligible system agreement for training and technical individual to carry out the PAIR receiving funds under this program; and assistance to eligible systems carrying program in whole or in part, but only if (2) All individual case records of out activities under this part. the agency, entity, or individual with clients served under this part without (2) After the reservation required by whom the eligible system has the consent of the client. paragraph (a)(1) of this section, the contracted— (d)(1) The privilege of a person or Secretary makes allotments from the (1) Does not provide services under eligible system not to produce remainder of the amount appropriated the Act or does not provide treatment, documents or provide information in accordance with section 509(c)(2)–(d) services, or habilitation to persons with pursuant to paragraph (c) of this section of the Act. disabilities; and is governed by the principles of (b) Notwithstanding any other (2) Is independent of, and not common law as interpreted by the provision of law, in any fiscal year in connected financially or through a courts of the United States, except that, which the amount appropriated for this board of directors to, an entity or for purposes of any periodic audit, program is equal to or greater than individual that provides services under report, or evaluation of the performance $5,500,000, the Secretary pays directly the Act or that provides treatment, of the eligible system established or

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assisted under this part, the Secretary § 381.33 What are the requirements related repayments to a revolving fund), does not require the eligible system to to the use of funds provided under this rebates, refunds, contract settlements, disclose the identity of, or any other part? audit recoveries, and interest earned on personally identifiable information (a) Funds made available under this such funds before requesting additional related to, any individual requesting part must be used to supplement and funds from the Department. assistance under the PAIR program. not supplant the non-Federal funds that (3) Any program income received would otherwise be made available for (2) However, notwithstanding during a fiscal year that is not obligated the purpose for which Federal funds are paragraph (d)(1) of this section, if an or expended prior to the beginning of provided under this part. the succeeding fiscal year in which the audit, monitoring review, State plan (b) In any State in which an eligible assurance review, evaluation, or other program income was received, remain system is located within a State agency, available for obligation and expenditure investigation has already produced that State or State agency may not use independent and reliable evidence that by the grantee during that succeeding more than five percent of any allotment fiscal year. there is probable cause to believe that for the costs of administration of the the eligible system has violated its (Authority: Sections 12(c), 19, and 509(f)(7), eligible system supported under this (g), and (i) of the Rehabilitation Act of 1973, legislative mandate or misused Federal part. For purposes of this paragraph, funds, the eligible system shall disclose, as amended; 29 U.S.C. 709(c), 716, and ‘‘costs of administration’’ include, but 794e(f)(7), (g), and (i); and 20 U.S.C. 3474) if the Secretary so requests, the identity are not limited to, administrative of, or any other personally identifiable ■ 10. Part 385 is revised to read as salaries (including salaries for clerical follows: information (i.e., name, address, and support staff), supplies, telephone number, social security depreciation, the cost of operating and PART 385—REHABILITATION number, or other official code or maintaining facilities, equipment, and TRAINING number by which an individual may be grounds (e.g., rental of office space or readily identified) related to, any equipment, telephone, postage, Subpart A—General individual requesting assistance under maintenance agreements), and other Sec. the PAIR program, in accordance with similar types of costs that may be 385.1 What is the Rehabilitation Training the principles of common law as incurred by the State or State agency to program? interpreted by the courts of the United administer the eligible system. 385.2 Who is eligible for assistance under States. these programs? (c) Funds paid to an eligible system 385.3 What regulations apply to these (Authority: Sections 12(c) and 509(h) of the within a State for a fiscal year, including programs? Rehabilitation Act of 1973, as amended; 29 reallotment funds, to carry out this 385.4 What definitions apply to these U.S.C. 709(c) and 794e(h)) program that are not expended or programs? obligated prior to the end of that fiscal § 381.32 What are the reporting Subpart B [Reserved] requirements under this part? year remain available to the eligible system within a State for obligation Subpart C—How Does One Apply for a Each eligible system shall provide to during the succeeding fiscal year in Grant? the Secretary, no later than 90 days after accordance with sections 19 and 509(g) 385.20 What are the application procedures the end of each fiscal year, an annual of the Act. for these programs? report that includes information on the (d) For determining when an eligible Subpart D—How Does the Secretary Make following: system makes an obligation for various a Grant? (a) The types of services and activities kinds of property or services, 34 CFR 385.30 [Reserved] undertaken by the eligible system and 75.707 and 76.707, as appropriate, apply 385.31 How does the Secretary evaluate an how these services and activities to this program. If the appropriation for application? addressed the objectives and priorities the PAIR program is less than 385.33 What other factors does the developed pursuant to § 381.10(a)(6). $5,500,000, § 75.707 applies. If the Secretary consider in reviewing an appropriation for the PAIR program is application? (b) The total number of individuals, equal to or greater than $5,500,000, by race, color, national origin, gender, Subpart E—What Conditions Must Be Met § 76.707 applies. An eligible system is age, and disabling condition, who by a Grantee? considered a State for purposes of requested services from the eligible 385.40 What are the requirements § 76.707. system and the total number of pertaining to the membership of a project (e) Program income: advisory committee? individuals, by race, color, national (1) Consistent with 2 CFR 200.80 and origin, gender, age, and disabling 385.41 What are the requirements affecting for purposes of this part, program the collection of data from designated condition, who were served by the income means gross income earned by State agencies? eligible system. the designated agency that is directly 385.42 What are the requirements affecting (c) The types of disabilities generated by an activity supported the dissemination of training materials? represented by individuals served by under this part. 385.43 What requirements apply to the the eligible system. (2)(i) The designated agency must use training of rehabilitation counselors and program income to supplement Federal other rehabilitation personnel? (d) The types of issues being 385.44 What requirement applies to the addressed on behalf of individuals funds that support program activities training of individuals with disabilities? served by the eligible system. that are subject to this part. See, for 385.45 What additional application example 2 CFR 200.307(e)(2). (e) Any other information that the requirements apply to the training of (ii) Notwithstanding 2 CFR 200.305(a) individuals for rehabilitation careers? Secretary may require. and consistent with 2 CFR 385.46 What limitations apply to the rate of (Approved by the Office of Management and 200.305(b)(5), and to the extent that pay for experts or consultants appointed Budget under control number 1820–0018) program income funds are available, all or serving under contract under the Rehabilitation Training program? (Authority: Sections 12(c), 13, and 509(k) of designated agencies, regardless of the Rehabilitation Act of 1973, as amended; whether they are a State agency, must Authority: Sections 12(c), 301, and 302 of 29 U.S.C. 709(c), 710, and 794e(k)) disburse those funds (including the Rehabilitation Act of 1973, as amended;

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29 U.S.C. 709(c), 771 and 772, unless (Authority: Sections 12(c), 301 and 302 of the Award otherwise noted. Rehabilitation Act of 1973, as amended; 29 Budget Period U.S.C. 709(c), 771 and 772) Department Subpart A—General EDGAR § 385.2 Who is eligible for assistance Grantee § 385.1 What is the Rehabilitation Training under these programs? program? Nonprofit States and public or private nonprofit Private (a) Purpose. The Rehabilitation agencies and organizations, including Project Training program is designed to— Indian tribes and institutions of higher Project Period (1) Ensure that skilled personnel are education, are eligible for assistance Public available to provide rehabilitation under the Rehabilitation Training Secretary services to individuals with disabilities program. (Authority: Section 12(c) of the through vocational, medical, social, and (Authority: Sections 7(19), 301, and 302 of Rehabilitation Act of 1973, as amended; 29 psychological rehabilitation programs the Rehabilitation Act of 1973, as amended; U.S.C. 709(c)) (including supported employment 29 U.S.C. 705(19), 771 and 772) (b) The following definitions also programs), through economic and apply to programs under the business development programs, § 385.3 What regulations apply to these programs? Rehabilitation Training program: through independent living services Act means the Rehabilitation Act of The following regulations apply to the programs, and through client assistance 1973, as amended (29 U.S.C. 701 et Rehabilitation Training program: programs; seq.). (a) The Education Department General (2) Maintain and upgrade basic skills Assistive technology means Administrative Regulations (EDGAR) as and knowledge of personnel employed, technology designed to be utilized in an follows: including personnel specifically trained assistive technology device or assistive (1) 34 CFR part 75 (Direct Grant to deliver rehabilitation services, technology service. including supported employment Programs). Assistive technology device means services and customized employment (2) 34 CFR part 77 (Definitions That any item, piece of equipment, or services, to individuals with the most Apply to Department Regulations). product system, whether acquired significant disabilities, and personnel (3) 34 CFR part 79 (Intergovernmental commercially off the shelf, modified, or specifically trained to deliver services to Review of Department of Education customized, that is used to increase, individuals with disabilities whose Programs and Activities). maintain, or improve functional employment outcome is self- (4) 34 CFR part 81 (General Education capabilities of individuals with employment, business ownership, or Provisions Act—Enforcement). disabilities. telecommuting, to provide state-of-the- (5) 34 CFR part 82 (New Restrictions Assistive technology service means art service delivery and rehabilitation on Lobbying). any service that directly assists an technology services; and (6) 34 CFR part 84 (Governmentwide individual with a disability in the Requirements for Drug-Free Workplace (3) Provide training and information selection, acquisition, or use of an (Financial Assistance). to individuals with disabilities, the assistive technology device. The term (7) 34 CFR part 86 (Drug-Free Schools parents, families, guardians, advocates, includes— and Campuses). and authorized representatives of the (i) The evaluation of the needs of an (8) 34 CFR part 97 (Protection of individuals, and other appropriate individual with a disability, including a Human Subjects). parties to develop the skills necessary functional evaluation of the individual (9) 34 CFR part 98 (Student Rights in for individuals with disabilities to in the individual’s customary Research, Experimental Programs, and access the rehabilitation system and to environment; Testing. become active decision makers in the (ii) Purchasing, leasing, or otherwise (10) 34 CFR part 99 (Family vocational rehabilitation process. providing for the acquisition of assistive Educational Rights and Privacy). technology devices by individuals with (b) The Secretary awards grants and (b) The regulations in this part 385. contracts on a competitive basis to pay disabilities; (c) [Reserved] (iii) Selecting, designing, fitting, part of the costs of projects for training, (d)(1) 2 CFR part 180 (OMB traineeships or scholarships, and related customizing, adapting, applying, Guidelines to Agencies on Debarment maintaining, repairing, or replacing of activities, including the provision of and Suspension (Nonprocurement)), as technical assistance, to assist in assistive technology devices; adopted at 2 CFR part 3485; and (iv) Coordinating and using other increasing the numbers of qualified (2) 2 CFR part 200 (Uniform therapies, interventions, or services personnel trained in providing Administrative Requirements, Cost with assistive technology devices, such vocational rehabilitation services and Principles, and Audit Requirements for as those associated with existing other services provided under the Act, Federal Awards) as adopted at 2 CFR education and rehabilitation plans and to individuals with disabilities. part 3474. programs; Financial assistance is provided through (v) Training or technical assistance for multiple training programs, including: (Authority: Sections 12(c) and 302 of the Rehabilitation Act of 1973, as amended; 29 an individual with disabilities, or, if (1) Rehabilitation Long-Term Training U.S.C. 711(c) and 772) appropriate, the family of an individual (34 CFR part 386). with disabilities; (2) Innovative Rehabilitation Training § 385.4 What definitions apply to these (vi) Training or technical assistance (34 CFR part 387). programs? for professionals (including individuals (3) Rehabilitation Short-Term (a) The following definitions in 34 providing education and rehabilitation Training (34 CFR part 390). CFR part 77 apply to the programs services), employers, or other (4) Training of Interpreters for under the Rehabilitation Training individuals who provide services to, Individuals Who Are Deaf and Hard of Program— employ, or are otherwise substantially Hearing and Individuals Who Are Deaf- Applicant involved in the major life functions of Blind (34 CFR part 396). Application individuals with disabilities; and

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(vii) A service consisting of expanding Independent living services assisted under this Act for similar the availability of access to technology, includes— services in the future; including electronic and information (i) Independent living core services; (T) Community awareness programs technology, to individuals with and to enhance the understanding and disabilities. (ii)(A) Counseling services, including integration of individuals with Community rehabilitation program psychological, psychotherapeutic, and disabilities; and means a program that provides directly related services; (U) Such other services as may be or facilitates the provision of vocational (B) Services related to securing necessary and not inconsistent with the rehabilitation services to individuals housing or shelter, including services provisions of this Act. with disabilities, and that provides, related to community group living, and Individual with a disability means any singly or in combination, for an supportive of the purposes of this Act individual who— individual with a disability to enable and of the titles of this Act, and (i) Has a physical or mental the individual to maximize adaptive housing services (including impairment, which for that individual opportunities for employment, appropriate accommodations to and constitutes or results in a substantial including career advancement— modifications of any space used to impediment to employment; (i) Medical, psychiatric, serve, or occupied by, individuals with (ii) Can benefit in terms of an psychological, social, and vocational disabilities); employment outcome from vocational services that are provided under one (C) Rehabilitation technology; rehabilitation services provided management; (D) Mobility training; pursuant to title I, III, or VI of the (ii) Testing, fitting, or training in the (E) Services and training for Rehabilitation Act of 1973, as amended; use of prosthetic and orthotic devices; individuals with cognitive and sensory and (iii) Recreational therapy; disabilities, including life skills (iii) Has a disability as defined in (iv) Physical and occupational training, and interpreter and reader section 7(20)(B) of the Act. therapy; services; Individual with a significant disability (v) Speech, language, and hearing (F) Personal assistance services, means an individual with a disability— therapy; including attendant care and the (i) Who has a severe physical or (vi) Psychiatric, psychological, and training of personnel providing these mental impairment that seriously limits social services, including positive services; one or more functional capacities (such (G) Surveys, directories, and other behavior management; as mobility, communication, self-care, activities to identify appropriate (vii) Assessment for determining self-direction, interpersonal skills, work housing, recreation opportunities, and eligibility and vocational rehabilitation tolerance, or work skills) in terms of an accessible transportation, and other needs; employment outcome; support services; (viii) Rehabilitation technology; (ii) Whose vocational rehabilitation (ix) Job development, placement, and (H) Consumer information programs can be expected to require multiple retention services; on rehabilitation and independent vocational rehabilitation services over (x) Evaluation or control of specific living services available under this Act, an extended period of time; and disabilities; especially for minorities and other (iii) Who has one or more physical or (xi) Orientation and mobility services individuals with disabilities who have mental disabilities resulting from for individuals who are blind; traditionally been unserved or amputation, arthritis, autism, blindness, (xii) Extended employment; underserved by programs under this burn injury, cancer, cerebral palsy, (xiii) Psychosocial rehabilitation Act; services; (I) Education and training necessary cystic fibrosis, deafness, head injury, (xiv) Supported employment services for living in the community and heart disease, hemiplegia, hemophilia, and extended services; participating in community activities; intellectual disability, respiratory or (xv) Services to family members when (J) Supported living; pulmonary dysfunction, mental illness, necessary to the vocational (K) Transportation, including referral multiple sclerosis, muscular dystrophy, rehabilitation of the individual; and assistance for transportation; musculo-skeletal disorders, neurological (xvi) Personal assistance services; or (L) Physical rehabilitation; disorders (including stroke and (xvii) Services similar to the services (M) Therapeutic treatment; epilepsy), paraplegia, quadriplegia and described in paragraphs (i) through (xvi) (N) Provision of needed prostheses other spinal cord conditions, sickle-cell of this definition. and other appliances and devices; anemia, specific learning disabilities, Designated State agency means an (O) Individual and group social and end-stage renal disease, or another agency designated under section 7(8) recreational services; disability or combination of disabilities and 101(a)(2)(A) of the Act. (P) Training to develop skills determined on the basis of an Designated State unit means specifically designed for youths who are assessment for determining eligibility (i) Any State agency unit required individuals with disabilities to promote and vocational rehabilitation needs. under section 7(8) and 101(a)(2)(B) of self-awareness and esteem, develop Institution of higher education has the the Act, or advocacy and self-empowerment skills, meaning given the term in section (ii) In cases in which no State agency and explore career options; 101(a) of the Higher Education Act (20 unit is required, the State agency (Q) Services for children; U.S.C. 1001(a)). described in section 101(a)(2)(B)(ii) of (R) Services under other Federal, Personal assistance services means a the Act. State, or local programs designed to range of services provided by one or Independent living core services provide resources, training, counseling, more persons designed to assist an means— or other assistance of substantial benefit individual with a disability to perform (i) Information and referral services; in enhancing the independence, daily living activities on or off the job (ii) Independent living skills training; productivity, and quality of life of that the individual would typically (iii) Peer counseling, including cross- individuals with disabilities; perform if the individual did not have disability peer counseling; and (S) Appropriate preventive services to a disability. The services shall be (iv) Individual and systems advocacy. decrease the need of individuals designed to increase the individual’s

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control in life and ability to perform (i)(A) For whom competitive (v) Vocational and other training everyday activities on or off the job. integrated employment has not services, including the provision of Qualified personnel. (i) For traditionally occurred; or personal and vocational adjustment designated State agencies or designated (B) For whom competitive services, books, tools, and other training State units, means personnel who have employment has been interrupted or materials; met standards that are consistent with intermittent as a result of a severe (vi) Diagnosis and treatment of existing national or State approved or disability; and physical and mental impairments; (ii) Who, because of the nature and recognized certification, licensing, (vii) Maintenance for additional costs severity of their disability, need registration, or other comparable incurred while the individual is intensive supported employment requirements that apply to the area in receiving services; services from the designated State unit which such personnel are providing (viii) Transportation; vocational rehabilitation services. and extended services after transition in order to perform the work involved. (ix) On-the-job or other related (ii) For other than designated State Supported employment services personal assistance services; agencies or designated State units, means ongoing support services, (x) Interpreter and reader services; means personnel who have met existing including customized employment, and State certification or licensure (xi) Rehabilitation teaching services, other appropriate services needed to and orientation and mobility services; requirements, or, in the absence of State support and maintain an individual (xii) Occupational licenses, tools, requirements, have met professionally with most severe disability in supported equipment, and initial stocks and accepted requirements established by employment, that are— national certification boards. (i) Provided singly or in combination supplies; Rehabilitation services means and are organized and made available in (xiii) Technical assistance and other services, including vocational, medical, such a way as to assist an eligible consultation services to conduct market social, and psychological rehabilitation individual in entering or maintaining analysis, develop business plans, and services and other services under the integrated, competitive employment; otherwise provide resources to eligible Rehabilitation Act, provided to (ii) Based on a determination of the individuals who are pursuing self- individuals with disabilities in needs of an eligible individual, as employment or telecommuting or performing functions necessary in specified in an individualized written establishing a small business operation preparing for, securing, retaining, or rehabilitation program; and as an employment outcome; regaining an employment or (iii) Provided by the designated State (xiv) Rehabilitation technology, independent living outcome. unit for a period of time not more than including telecommunications, sensory, Rehabilitation technology means the 24 months, unless under special and other technological aids and systematic application of technologies, circumstances the eligible individual devices; engineering methodologies, or scientific and the rehabilitation counselor or (xv) Transition services for principles to meet the needs of and coordinator jointly agree to extend the individuals with disabilities that address the barriers confronted by time in order to achieve the facilitate the achievement of individuals with disabilities in areas rehabilitation objectives identified in employment outcomes; that include education, rehabilitation, the individualized plan for (xvi) Supported employment services; employment, transportation, employment. (xvii) Services to the family of an independent living, and recreation. The Vocational rehabilitation services individual with a disability necessary to term includes rehabilitation means services provided to an assist the individual to achieve an engineering, assistive technology individual with a disability in preparing employment outcome; devices, and assistive technology for, securing, retaining, or regaining an services. employment outcome that is consistent (xviii) Post-employment services necessary to assist an individual with a State includes, in addition to each of with the strengths, resources, priorities, disability to retain, regain, or advance in the several States of the United States, concerns, abilities, capabilities, employment; and the District of Columbia, the interests, and informed choice of the Commonwealth of Puerto Rico, the individual, and services provided for (xix) Expansion of employment United States Virgin Islands, Guam, the benefit of groups of individuals with opportunities for individuals with American Samoa, and the disabilities. Vocational Rehabilitation disabilities, which includes, but is not Commonwealth of the Northern Mariana Services for an individual with a limited to— Islands. disability may include— (A) Self-employment, business (i) An assessment for determining ownership, and entrepreneurship; Stipend means financial assistance on eligibility and vocational rehabilitation behalf of individuals in support of their (B) Non-traditional jobs, professional needs by qualified personnel, including, employment, and work settings; training, as opposed to salary payment if appropriate, an assessment by for services provided within the project. personnel skilled in rehabilitation (C) Collaborating with employers, Supported employment means technology; Economic Development Councils, and competitive integrated employment, (ii) Counseling and guidance, others in creating new jobs and career including customized employment, or including information and support advancement options in local job employment in an integrated work services to assist an individual in markets through the use of job setting in which individuals are exercising informed choice; restructuring and other methods; and working on a short-term basis toward (iii) Referral and other services to (D) Other services as identified by the competitive integrated employment, secure needed services from other Secretary and published in the Federal that is individualized and customized agencies; Register. consistent with the strengths, abilities, (iv) Job-related services, including job (Authority: Sections 7(40), 12(c), and interests, and informed choice of the search and placement assistance, job 101(a)(7) of the Rehabilitation Act of 1973, as individuals involved, for individuals retention services, follow-up services, amended; 29 U.S.C. 705(40), 709(c), and with the most severe disabilities— and follow-along services; 721(a)(7))

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Subpart B [Reserved] (Authority: Sections 12(c) and 302(b) of the rehabilitation technology in vocational Rehabilitation Act of 1973, as amended; 29 rehabilitation services, the applicability Subpart C—How Does One Apply for a U.S.C. 709(c) and 772(b)) of section 504 of this Act, title I of the Americans with Disabilities Act of 1990, Grant? Subpart E—What Conditions Must Be and the provisions of titles II and XVI Met by a Grantee? § 385.20 What are the application of the Social Security Act that are procedures for these programs? § 385.40 What are the requirements related to work incentives for The Secretary gives the designated pertaining to the membership of a project individuals with disabilities. advisory committee? State agency an opportunity to review (Authority: Sections 12(c), 101(a), and 302 of and comment on applications submitted If a project establishes an advisory the Rehabilitation Act of 1973, as amended; from within the State that it serves. The committee, its membership must 29 U.S.C. 709(c), 721(a) and 772) procedures to be followed by the include individuals with disabilities or applicant and the State are in 34 CFR parents, family members, guardians, § 385.44 What requirement applies to the training of individuals with disabilities? 75.155 through 75.159. advocates, or other authorized Any grantee or contractor who (Authority: Sections 12(c) and 302 of the representatives of the individuals; Rehabilitation Act of 1973, as amended; 29 members of minority groups; trainees; provides training shall give due regard U.S.C. 709(c) and 772) and providers of vocational to the training of individuals with rehabilitation and independent living disabilities as part of its effort to Subpart D—How Does the Secretary rehabilitation services. increase the number of qualified Make a Grant? personnel available to provide (Authority: Section 12(c) of the rehabilitation services. § 385.30 [Reserved] Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c)) (Authority: Section 12(c) of the § 385.31 How does the Secretary evaluate Rehabilitation Act of 1973, as amended; 29 an application? § 385.41 What are the requirements U.S.C. 709(c) affecting the collection of data from (a) The Secretary evaluates designated State agencies? § 385.45 What additional application applications under the procedures in 34 If the collection of data is necessary requirements apply to the training of CFR part 75. individuals for rehabilitation careers? from individuals with disabilities being (b) The Secretary evaluates each served by two or more designated State (a) All applicants for a grant or application using selection criteria agencies or from employees of two or contract to provide training shall identified in parts 386, 387, and 390, as more of these agencies, the project demonstrate how the training they plan appropriate. director must submit requests for the to provide will prepare rehabilitation (c) In addition to the selection criteria data to appropriate representatives of professionals to address the needs of described in paragraph (b) of this the affected agencies, as determined by individuals with disabilities from section, the Secretary evaluates each the Secretary. This requirement also minority backgrounds. application using— applies to employed project staff and (b) All applicants for a grant shall (1) Selection criteria in 34 CFR individuals enrolled in courses of study include a detailed description of 75.210; supported under these programs. strategies that will be utilized to recruit and train persons so as to reflect the (2) Selection criteria established (Authority: Section 12(c) of the diverse populations of the United under 34 CFR 75.209; or Rehabilitation Act of 1973, as amended; 29 States, as part of the effort to increase U.S.C. 709(c)) (3) A combination of selection criteria the number of individuals with established under 34 CFR 75.209 and § 385.42 What are the requirements disabilities, individuals who are selection criteria in 34 CFR 75.210. affecting the dissemination of training members of minority groups, who are (Authority: Sections 12(c) and 302 of the materials? available to provide rehabilitation Rehabilitation Act of 1973, as amended; 29 A set of any training materials services. U.S.C. 709(c) and 772) developed under the Rehabilitation (Approved by the Office of Management and § 385.33 What other factors does the Training Program must be submitted to Budget under control number 1820–0018) Secretary consider in reviewing an any information clearinghouse (Authority: Sections 21(a) and (b) and 302 of application? designated by the Secretary. the Rehabilitation Act of 1973, as amended; In addition to the selection criteria (Authority: Section 12(c) of the 29 U.S.C. 718(a) and (b) and 772) listed in § 75.210 and parts 386, 387, Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c)) § 385.46 What limitations apply to the rate and 390, the Secretary, in making of pay for experts or consultants appointed awards under this program, considers § 385.43 What requirements apply to the or serving under contract under the such factors as— training of rehabilitation counselors and Rehabilitation Training program? (a) The geographical distribution of other rehabilitation personnel? An expert or consultant appointed or projects in each Rehabilitation Training Any grantee who provides training of serving under contract pursuant to this Program category throughout the rehabilitation counselors or other section shall be compensated at a rate country; and rehabilitation personnel must train subject to approval of the Commissioner (b) The past performance of the those counselors and personnel on the which shall not exceed the daily applicant in carrying out similar services provided under this Act, and, equivalent of the rate of pay for level 4 training activities under previously in particular, services provided in of the Senior Executive Service awarded grants, as indicated by such accordance with amendments made to Schedule under section 5382 of title 5, factors as compliance with grant the Rehabilitation Act by the Workforce United States Code. Such an expert or conditions, soundness of programmatic Innovation and Opportunity Act of consultant may be allowed travel and and financial management practices and 2014. The grantee must also furnish transportation expenses in accordance attainment of established project training to these counselors and with section 5703 of title 5, United objectives. personnel regarding applications of States Code.

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(Authority: Section 302(b)(3) of the academic degree in one of those fields (28) Supported employment services Rehabilitation Act of 1973, as amended; 29 of study identified in paragraph (b) of and customized employment services U.S.C. 772(b)(3)) this section; for individuals with the most significant ■ 11. Part 386 is revised to read as (2) Projects that provide a specified disabilities; follows: series of courses or program of study (29) Specialized services for PART 386—REHABILITATION leading to award of a certificate in one individuals with significant disabilities; TRAINING: REHABILITATION LONG- of those fields of study identified in (30) Other fields contributing to the TERM TRAINING paragraph (b) of this section; and rehabilitation of individuals with (3) Projects that provide support for disabilities. Subpart A—General medical residents enrolled in residency (Authority: Sections 12 and 302 of the Sec. training programs in the specialty of Rehabilitation Act of 1973, as amended; 29 386.1 What is the Rehabilitation Long-Term physical medicine and rehabilitation. U.S.C. 709 and 772) Training program? (b) The Rehabilitation Long-Term 386.2 Who is eligible for an award? Training program is designed to provide § 386.2 Who is eligible for an award? 386.3 What regulations apply? academic training that leads to an Those agencies and organizations 386.4 What definitions apply? academic degree or academic certificate eligible for assistance under this Subpart B [Reserved] in areas of personnel shortages program are described in 34 CFR 385.2. identified by the Secretary and Subpart C—How Does the Secretary Make (Authority: Section 302(a) of the an Award? published in a notice in the Federal Rehabilitation Act of 1973, as amended; 29 Register. These areas may include— U.S.C. 772(a)) 386.20 What additional selection criteria (1) Assisting and supporting are used under this program? § 386.3 What regulations apply? 386.21 What are the application procedures individuals with disabilities pursuing for these programs? self-employment, business ownership, The following regulations apply to the and telecommuting; Rehabilitation Training: Rehabilitation Subpart D—What Conditions Must Be Met (2) Vocational rehabilitation Long-Term Training program: After an Award? counseling; (a) The regulations in this part 386. 386.30 What are the matching (3) Rehabilitation technology, (b) The regulations in 34 CFR part requirements? including training on its use, 385. 386.31 What are the requirements for applications, and benefits; directing grant funds? (Authority: Section 302(a) of the (4) Rehabilitation medicine; Rehabilitation Act of 1973, as amended; 29 386.32 What are allowable costs? (5) Rehabilitation nursing; 386.33 What are the requirements for U.S.C. 772(a)) grantees in disbursing scholarships? (6) Rehabilitation social work; § 386.4 What definitions apply? 386.34 What assurances must be provided (7) Rehabilitation psychiatry; by a grantee that intends to provide (8) Rehabilitation psychology; The following definitions apply to scholarships? (9) Rehabilitation dentistry; this program: 386.35 What information must be provided (10) Physical therapy; (a) Definitions in 34 CFR 385.4. by a grantee that is an institution of (11) Occupational therapy; (b) Other definitions. The following higher education to assist designated (12) Speech pathology and audiology; definitions also apply to this part: State agencies? (13) Physical education; Academic year means a full-time 386.36 What is a grantee’s liability for (14) Therapeutic recreation; course of study— failing to provide accurate and complete (15) Community rehabilitation (i) Taken for a period totaling at least scholar information to the Department? program personnel; nine months; or (16) Prosthetics and orthotics; Subpart E—What Conditions Must Be Met (ii) Taken for the equivalent of at least by a Scholar? (17) Rehabilitation of individuals who are blind or visually impaired, two semesters, two trimesters, or three 386.40 What are the requirements for including rehabilitation teaching and quarters. scholars? Certificate means a recognized 386.41 Under what circumstances does the orientation and mobility; (18) Rehabilitation of individuals who educational credential awarded by a Secretary grant a deferral or exception to grantee under this part that attests to the performance or repayment under a are deaf or hard of hearing; scholarship agreement? (19) Rehabilitation of individuals who completion of a specified series of 386.42 What must a scholar do to obtain an are mentally ill; courses or program of study. exception or a deferral to performance or (20) Undergraduate education in the Professional corporation or repayment under a scholarship rehabilitation services; professional practice means— agreement? (21) Independent living; (i) A professional service corporation 386.43 What are the consequences of a (22) Client assistance; or practice formed by one or more scholar’s failure to meet the terms and (23) Administration of community individuals duly authorized to render conditions of a scholarship agreement? rehabilitation programs; the same professional service, for the Authority: Sections 12(c) and 302 of the (24) Rehabilitation administration; purpose of rendering that service; and Rehabilitation Act of 1973, as amended; 29 (25) Vocational evaluation and work (ii) The corporation or practice and its U.S.C. 709(c) and 772, unless otherwise adjustment; members are subject to the same noted. (26) Services to individuals with supervision by appropriate State Subpart A—General specific disabilities or specific regulatory agencies as individual impediments to rehabilitation, practitioners. § 386.1 What is the Rehabilitation Long- including individuals who are members Related agency means— Term Training program? of populations that are unserved or (i) An American Indian rehabilitation (a) The Rehabilitation Long-Term underserved by programs under this program; or Training program provides financial Act; (ii) Any of the following agencies that assistance for— (27) Job development and job provide services to individuals with (1) Projects that provide basic or placement services to individuals with disabilities under an agreement or other advanced training leading to an disabilities; arrangement with a designated State

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agency in the area of specialty for which (ii) The curriculum and teaching from within the State that it serves. The training is provided: methods provide for an integration of procedures to be followed by the (A) A Federal, State, or local agency. theory and practice relevant to the applicant and the State are in 34 CFR (B) A nonprofit organization. educational objectives of the program; 75.155–75.159. (C) A professional corporation or (iii) For programs whose curricula (Authority: Sections 12(c) and 302(b)(2) and professional practice group. require them, there is evidence of (d) of the Rehabilitation Act of 1973, as Scholar means an individual who is educationally focused practical and amended; 29 U.S.C. 709(c) and 772(b)(2) and enrolled in a certificate or degree other field experiences in settings that (d)) granting course of study in one of the ensure student involvement in the areas listed in § 386.1(b) and who provision of vocational rehabilitation, Subpart D—What Conditions Must Be receives scholarship assistance under supported employment, customized Met After an Award? this part. employment, pre-employment transition Scholarship means an award of § 386.30 What are the matching services, transition services, or requirements? financial assistance to a scholar for independent living rehabilitation training and includes all disbursements The grantee is required to contribute services to individuals with disabilities, at least ten percent of the total cost of or credits for student stipends, tuition especially individuals with significant and fees, books and supplies, and a project under this program. However, disabilities; if the grantee can demonstrate that it has student travel in conjunction with (iv) The coursework includes student training assignments. insufficient resources to contribute the exposure to vocational rehabilitation, entire match but that it can fulfill all State vocational rehabilitation agency supported employment, customized means the designated State agency as other requirements for receiving an employment, employer engagement, and defined in 34 CFR 361.5(c)(13). award, the Secretary may waive part of independent living rehabilitation the non-Federal share of the cost of the (Authority: Section 12(c) of the processes, concepts, programs, and Rehabilitation Act of 1973, as amended; 29 project after negotiations with services; and Department staff. U.S.C. 709(c)) (v) If applicable, there is evidence of (Authority: Section 12(c) of the Subpart B [Reserved] current professional accreditation by the designated accrediting agency in the Rehabilitation Act of 1973, as amended; 29 U.S.C. 709(c)) Subpart C—How Does the Secretary professional field in which grant Make an Award? support is being requested. § 386.31 What are the requirements for (Authority: Section 12(c) and 302 of the directing grant funds? § 386.20 What additional selection criteria Rehabilitation Act of 1973, as amended; 29 (a) A grantee must use at least 65 are used under this program? U.S.C. 709(c) and 772) percent of the total cost of a project In addition to the criteria in 34 CFR under this program for scholarships as 385.31(c), the Secretary uses the § 386.21 What are the application procedures for these programs? defined in § 386.4. following additional selection criteria to (b) The Secretary may waive the evaluate an application: (a) Application. No grant shall be requirement in (a) and award grants that (a) Relevance to State-Federal awarded or contract entered into under use less than 65 percent of the total cost vocational rehabilitation service the Rehabilitation Long-Term Training of the project for scholarships based program. (1) The Secretary reviews each program unless the applicant has upon the unique nature of the project, application for information that shows submitted to the Secretary an such as the establishment of a new that the proposed project appropriately application at such time, in such form, training program or long-term training relates to the mission of the State- in accordance with such procedures in an emerging field that does not award Federal vocational rehabilitation service identified by the Secretary and, and degrees or certificates. program. including such information as the (c) Before providing a scholarship to (2) The Secretary looks for Secretary may require, including— a scholar, a grantee must make good information that shows that the project (1) A description of how the faith efforts to determine that the can be expected either— designated State unit or units will scholar is not concurrently receiving (i) To increase the supply of trained participate in the project to be funded more than one scholarship under this personnel available to State and other under the grant or contract, including, program for the same academic term. public or nonprofit agencies involved in as appropriate, participation on advisory committees, as practicum sites, (Authority: Sections 12(c) and 302 of the the rehabilitation of individuals with Rehabilitation Act of 1973, as amended; 29 disabilities through degree or certificate in curriculum development, and in U.S.C. 709(c) and 772) granting programs; or other ways so as to build closer (ii) To improve the skills and quality relationships between the applicant and § 386.32 What are allowable costs? of professional personnel in the the designated State unit and to In addition to those allowable costs rehabilitation field in which the training encourage students to pursue careers in established in the Education is to be provided through the granting public vocational rehabilitation Department General Administrative of a degree or certificate. programs; Regulations in 34 CFR 75.530 through (b) Nature and scope of curriculum. (2) The identification of potential 75.562, the following items are (1) The Secretary reviews each employers that provide employment allowable under long-term training application for information that that meets the requirements in projects: demonstrates the adequacy of the § 386.33(c); and (a) Student stipends. proposed curriculum. (3) An assurance that data on the (b) Tuition and fees. (2) The Secretary looks for employment of graduates or trainees (c) Books and supplies. information that shows— who participate in the project is (d) Student travel in conjunction with (i) The scope and nature of the accurate. training assignments. coursework reflect content that can be (b) The Secretary gives the designated (Authority: Sections 12(c) and 302 of the expected to enable the achievement of State agency an opportunity to review Rehabilitation Act of 1973, as amended; 29 the established project objectives; and comment on applications submitted U.S.C. 709(c) and 772)

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§ 386.33 What are the requirements for year must provide the following categories of students; e.g., full-time, grantees in disbursing scholarships? assurances before an award is made: part-time, undergraduates, graduate Before disbursement of scholarship (a) Requirement for agreement. No students, and students attending assistance to an individual, a grantee— individual will be provided a programs established by the institution. (a)(1) Must obtain documentation that scholarship without entering into a (iv) Specific policies defining the the individual is— written agreement containing the terms effect of course incompletes, (i) A U.S. citizen or national; or and conditions required by this section. withdrawals, repetitions, and noncredit (ii) A permanent resident of the An individual will sign and date the remedial courses on satisfactory Commonwealth of Puerto Rico, the agreement prior to the initial progress. United States Virgin Islands, Guam, disbursement of scholarship funds to (v) Specific procedures for appeal of American Samoa, or the Commonwealth the individual for payment of the a determination that a scholar is not of the Northern Mariana Islands; individual’s expenses. An agreement making satisfactory progress and for (2) Must confirm from documentation must be executed between the grantee reinstatement of aid. issued to the individual by the U.S. and scholar for each subsequent year (f) Exit certification. (1) At the time of Department of Homeland Security that that scholarship funds are disbursed exit from the program, the grantee will he or she— and must contain the terms and provide the following information to the (i) Is a lawful permanent resident of conditions required by this section. scholar: the United States; or (b) Disclosure to applicants. The (i) The name of the institution and the (ii) Is in the United States for other terms and conditions of the agreement number of the Federal grant that than a temporary purpose with the between the grantee and a scholar will provided the scholarship. intention of becoming a citizen or be fully disclosed in the application for (ii) the total amount of scholarship permanent resident; and assistance received subject to (b) Must confirm that the applicant scholarship. (c) Form and terms of agreement. § 386.40(a)(7). has expressed interest in a career in (iii) The scholar’s field of study and clinical practice, administration, Prior to granting each year of a scholarship, the grantee will require the obligation of the scholar to perform supervision, teaching, or research in the the service obligation with employment vocational rehabilitation, supported each scholar to enter into a signed that meets the requirements in employment, or independent living written agreement in which the scholar agrees to the terms and conditions set § 386.40(a)(7)(i). rehabilitation of individuals with (iv) The number of years the scholar disabilities, especially individuals with forth in § 386.40. This agreement must be in the form and contain any needs to work to satisfy the work significant disabilities; requirements in § 386.40(a)(7)(ii). (c) Must obtain documentation, as additional terms and conditions that the (v) The time period during which the described in § 386.40(a)(7), that the Secretary may require. scholar must satisfy the work individual expects to seek and maintain (d) Executed agreement. The grantee requirements in § 386.40(a)(8). employment in a designated State will provide an original signed executed (vi) As applicable, all other agency or in a related agency as defined payback agreement upon request to the Secretary. obligations of the scholar in § 386.40. in § 386.4 where (2) Upon receipt of this information (1) The employment is in the field of (e) Standards for satisfactory progress. from the grantee, the scholar must study in which the training was The grantee will establish, publish, and provide written and signed certification received or apply reasonable standards for (2) Where the job functions are measuring whether a scholar is to the grantee that the information is directly relevant to the field of study in maintaining satisfactory progress in the correct. which the training was received. scholar’s course of study. The Secretary (g) Tracking system. The grantee has (d) Must ensure that the scholarship, considers an institution’s standards to established policies and procedures to when added to the amount of financial be reasonable if the standards— determine compliance of the scholar aid the scholar receives for the same (1) Conform with the standards of with the terms of the signed payback academic year under title IV of the satisfactory progress of the nationally agreement. In order to determine Higher Education Act, does not exceed recognized accrediting agency that whether a scholar has met the terms and the scholar’s cost of attendance; accredits the institution’s program of conditions set forth in § 386.40, the (e) Must limit scholarship assistance study, if the institution’s program of tracking system must include for each to no more than four academic years, study is accredited by such an agency, employment position maintained by the unless the grantee provides an extension and if the agency has those standards; scholar— consistent with the institution’s (2) For a scholar enrolled in an (1) Documentation of the employer’s accommodations under section 504 of eligible program who is to receive name, address, dates of the scholar’s the Act; and assistance under the Rehabilitation Act, employment, name of supervisor, (f) Must obtain a Certification of are the same as or stricter than the position title, a description of the duties Eligibility for Federal Assistance from institution’s standards for a student the scholar performed, and whether the each scholar as prescribed in 34 CFR enrolled in the same academic program employment is full- or part-time; 75.60, 75.61, and 75.62. who is not receiving assistance under (2) Documentation of how the employment meets the requirements in (Approved by the Office of Management and the Rehabilitation Act; and Budget under control number 1820–0018) (3) Include the following elements: § 386.40(a)(7); and (i) Grades, work projects completed, (3) In the event a grantee is (Authority: Sections 12(c) and 302(b) of the or comparable factors that are experiencing difficulty locating a Rehabilitation Act of 1973, as amended; 29 scholar, documentation that the grantee U.S.C. 709(c) and 772(b)) measurable against a norm. (ii) A maximum timeframe in which has checked with existing tracking § 386.34 What assurances must be the scholar must complete the scholar’s systems operated by alumni provided by a grantee that intends to educational objective, degree, or organizations. provide scholarships? certificate. (h) Reports. The grantee will make A grantee under this part that intends (iii) Consistent application of annual reports to the Secretary, unless to grant scholarships for any academic standards to all scholars within more frequent reporting is required by

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the Secretary, that are necessary to carry described in §§ 386.40(d) and 386.43, if (9) Repay all or part of any out the Secretary’s functions under this the Department: scholarship received, plus interest, if part. (a) Is unable to collect, or improperly the individual does not fulfill the (i) Repayment status. The grantee will collected, some or all of these amounts requirements of this section, except as immediately report to the Secretary or costs from a scholar and provided for in § 386.41 for exceptions whenever a scholar has entered (b) Determines that the grantee failed and deferrals; and repayment status under § 386.43(e) and to provide to the Department accurate (10) Provide the grantee all requested provide all necessary documentation in and complete documentation described information necessary for the grantee to support thereof. in § 386.34. meet the exit certification requirements (j) Records. The grantee will maintain (Authority: Sections 12(c) and 302 of the in § 386.34(f) and, as necessary, accurate and complete records as Rehabilitation Act of 1973, as amended; 29 thereafter for any changes necessary for outlined in paragraphs (g) and (h) of this U.S.C. 709(c) and 772) the grantee to monitor the scholar’s section for a period of time not less than service obligation under this section. one year beyond the date that all Subpart E—What Conditions Must Be (b)(1) The period of qualifying scholars provided financial assistance Met by a Scholar? employment that meets the under the grant— requirements of paragraph (a)(7) of this (1) Have completed their service § 386.40 What are the requirements for scholars? section may begin— obligation or (a) A scholar must— (i) For courses of study of at least one (2) Have entered into repayment year, only subsequent to the completion status pursuant to § 386.43(e). (1) Be enrolled in a course of study leading to a certificate or degree in one of one academic year of the training for (Approved by the Office of Management and of the fields designated in § 386.1(b); which the scholarship assistance was Budget under control number 1820–0018) (2) Receive the training at the received. (Authority: Sections 12(c) and 302(b) of the educational institution or agency (ii) For courses of study of less than Rehabilitation Act of 1973, as amended; 29 designated in the scholarship; one year, only upon completion of the U.S.C. 709(c) and 772(b)) (3) Not accept payment of educational training for which the scholarship assistance was received. § 386.35 What information must be allowances from any other entity if that provided by a grantee that is an institution allowance conflicts with the scholar’s (2) The work completed as part of an of higher education to assist designated obligation under section 302 of the Act internship, practicum, or any other State agencies? and this part; work-related requirement necessary to A grantee that is an institution of (4) Not receive concurrent complete the educational program is not higher education provided assistance scholarships for the same academic term considered qualifying employment. under this part must cooperate with the from more than one project under this (c) If the scholar is pursuing following requests for information from program; coursework on a part-time basis, the a designated State agency: (5) Enter into a signed written service obligation for these part-time (a) Information required by section agreement with the grantee, prior to the courses is based on the equivalent total 101(a)(7) of the Act which may include, receipt of scholarship funds, as required of actual academic years of training but is not limited to— in § 386.34(c); received. (1) The number of students enrolled (6) Maintain satisfactory progress (d) If a scholar fails to provide the by the grantee in rehabilitation training toward the certificate or degree as information in paragraph (a)(10) of this programs; and determined by the grantee; section or otherwise maintain contact (2) The number of rehabilitation (7) Upon exiting the training program with the grantee pursuant to the terms professionals trained by the grantee who under paragraph (a)(1) of this section, of the signed payback agreement and graduated with certification or subsequently maintain employment on enters into repayment status pursuant to licensure, or with credentials to qualify a full- or part-time basis subject to the § 386.43, the scholar will be held for certification or licensure, during the provisions in paragraph (b) of this responsible for any costs assessed in the past year. section— collection process under that section (b) Information on the availability of (i)(A) In a State vocational even if that information is subsequently rehabilitation courses leading to rehabilitation agency or related agency provided. as defined in § 386.4; and certification or licensure, or the (Authority: Sections 12(c) and 302(b) of the credentials to qualify for certification or (B)(1) In the field of study for which Rehabilitation Act of 1973, as amended; 29 licensure, to assist State agencies in the training was received, or U.S.C. 709(c) and 772(b)) planning of a program of staff (2) Where the field of study is directly development for all classes of positions relevant to the job functions performed; § 386.41 Under what circumstances does that are involved in the administration and the Secretary grant a deferral or exception and operation of the State vocational (ii) For a period of at least the full- to performance or repayment under a scholarship agreement? rehabilitation program. time equivalent of two years for every academic year for which assistance Based upon sufficient evidence to (Approved by the Office of Management and substantiate the grounds as detailed in Budget under control number 1820–0018) under this section was received subject to the provisions in paragraph (c) of this § 386.42, a repayment exception to or (Authority: Sections 12(c) and 302 of the section for part-time coursework; deferral of the requirements of Rehabilitation Act of 1973, as amended; 29 (8) Complete the service obligation § 386.40(a)(7) may be granted, in whole U.S.C. 709(c) and 772) within a period, beginning after the or in part, by the Secretary as follows: § 386.36 What is a grantee’s liability for recipient exits the training program for (a) Repayment is not required if the failing to provide accurate and complete which the scholarship was awarded, of scholar— scholar information to the Department? not more than the sum of the number of (1) Is unable to continue the course of The Department may recover, in years in the period described in study or perform the work obligation whole or in part, from the grantee the paragraph (a)(7)(ii) of this section and because of a permanent disability that debt amount and any collection costs two additional years; meets one of the following conditions:

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(i) The disability had not been a qualified physician or other medical to complete the employment obligation diagnosed at the time the scholar signed professional, on official stationery, within the number of years required in the agreement in § 386.34(c); or attesting how the disability affects the § 386.40(a)(8). (ii) The disability did not prevent the scholar in completing the course of (f) Amounts and frequency of scholar from performing the study or performing the work obligation. payment. The scholar shall make requirements of the course of study or The documentation must be less than payments to the Secretary that cover the work obligation at the time the three months old and include the principal, interest, and collection costs scholar signed the agreement in scholar’s diagnosis and prognosis and according to a schedule established by § 386.34(c) but subsequently worsened; ability to complete the course of study the Secretary. or or work with accommodations. (Authority: Sections 12(c) and 302(b) of the (2) Has died. (2) Documentation to substantiate an Rehabilitation Act of 1973, as amended; 29 (b) Repayment of a scholarship may exception under § 386.41(a)(2) must U.S.C. 709(c) and 772(b)) be deferred during the time the scholar include a death certificate or other ■ 12. Part 387 is revised to read as is— evidence conclusive under State law. follows: (1) Engaging in a full-time course of (3) Documentation necessary to study in the field of rehabilitation at an substantiate a deferral or exception PART 387—INNOVATIVE institution of higher education; under 386.41(c) based upon the REHABILITATION TRAINING (2) Serving on active duty as a disability of a spouse, partner, or child member of the armed services of the must meet the criteria, as relevant, in Subpart A—General United States for a period not in excess paragraph (b)(1) of this section. Sec. of four years; (Approved by the Office of Management and 387.1 What is the Innovative Rehabilitation (3) Serving as a volunteer under the Budget under control number 1820–0018) Training program? Peace Corps Act; 387.2 Who is eligible for assistance under (4) Serving as a full-time volunteer (Authority: Sections 12(c) and 302 of the this program? Rehabilitation Act of 1973, as amended; 29 387.3 What regulations apply to this under title I of the Domestic Volunteer U.S.C. 709(c) and 772) Service Act of 1973; program? 387.4 What definitions apply to this (5) Experiencing a temporary § 386.43 What are the consequences of a program? scholar’s failure to meet the terms and disability that affects the scholar’s 387.5 What types of projects are authorized conditions of a scholarship agreement? ability to continue the course of study under this program? or perform the work obligation, for a In the event of a failure to meet the period not to exceed three years; or terms and conditions of a scholarship Subpart B—[Reserved] (c) Under limited circumstances as agreement or to obtain a deferral or an Subpart C—[Reserved] determined by the Secretary and based exception as provided in § 386.41, the Subpart D—How Does the Secretary Make upon credible evidence submitted on scholar must repay all or part of the a Grant? behalf of the scholar, the Secretary may scholarship as follows: grant an exception to, or deferral of, the (a) Amount. The amount of the 387.30 What additional selection criteria are used under this program? requirement to repay a scholarship in scholarship to be repaid is proportional instances not specified in this section. to the employment obligation not Subpart E—What Conditions Must Be Met These instances could include, but are completed. by a Grantee? not limited to, the care of a disabled (b) Interest rate. The Secretary charges 387.40 What are the matching spouse, partner, or child or the need to the scholar interest on the unpaid requirements? accompany a spouse or partner on balance owed in accordance with 31 387.41 What are allowable costs? active duty in the Armed Forces. U.S.C. 3717. Authority: Sections 12(c) and 302 of the (c) Interest accrual. (1) Interest on the (Authority: Sections 12(c) and 302(b) of the Rehabilitation Act of 1973, as amended; 29 Rehabilitation Act of 1973, as amended; 29 unpaid balance accrues from the date U.S.C. 709(c), and 772, unless otherwise U.S.C. 709(c) and 772(b)) the scholar is determined to have noted. entered repayment status under § 386.42 What must a scholar do to obtain paragraph (e) of this section. Subpart A—General an exception or a deferral to performance (2) Any accrued interest is capitalized or repayment under a scholarship § 387.1 What is the Innovative at the time the scholar’s repayment Rehabilitation Training program? agreement? schedule is established. To obtain an exception or a deferral (3) No interest is charged for the This program is designed— to performance or repayment under a period of time during which repayment (a) To develop new types of training scholarship agreement under § 386.41, a has been deferred under § 386.41. programs for rehabilitation personnel scholar must provide the following: (d) Collection costs. Under the and to demonstrate the effectiveness of (a) Written application. A written authority of 31 U.S.C. 3717, the these new types of training programs for application must be made to the Secretary may impose reasonable rehabilitation personnel in providing Secretary to request a deferral or an collection costs. rehabilitation services to individuals exception to performance or repayment (e) Repayment status. A scholar enters with disabilities; of a scholarship. repayment status on the first day of the (b) To develop new and improved (b) Documentation. Sufficient first calendar month after the earliest of methods of training rehabilitation documentation must be provided to the following dates, as applicable: personnel so that there may be a more substantiate the grounds for all deferrals (1) The date the scholar informs the effective delivery of rehabilitation or exceptions, including the following, Secretary he or she does not plan to services to individuals with disabilities as appropriate. fulfill the employment obligation under by designated State rehabilitation (1) Documentation necessary to the agreement. agencies and designated State substantiate an exception under (2) Any date when the scholar’s rehabilitation units or other public or § 386.41(a)(1) or a deferral under failure to begin or maintain employment non-profit rehabilitation service § 386.41(b)(5) must include a letter from makes it impossible for that individual agencies or organizations; and

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(c) To develop new innovative proposed project appropriately relates to (b) Tuition and fees; and training programs for vocational the mission of the State-Federal (c) Student travel in conjunction with rehabilitation professionals and rehabilitation service program. training assignments. paraprofessionals to have a 21st century (2) The Secretary looks for understanding of the evolving labor information that shows that the project (Authority: Sections 12(c) and 302 of the can be expected either— Rehabilitation Act of 1973, as amended; 29 force and the needs of individuals with U.S.C. 709(c) and 772) disabilities so they can more effectively (i) To increase the supply of trained provide vocational rehabilitation personnel available to public and PART 388—[REMOVED AND services to individuals with disabilities. private agencies involved in the RESERVED] (Authority: Sections 12(c), 121(a)(7), and 302 rehabilitation of individuals with of the Rehabilitation Act of 1973, as disabilities; or ■ 13. Effective October 1, 2016, part 388 amended; 29 U.S.C. 709(c), 721(a)(7), and (ii) To maintain and improve the is removed and reserved. 772) skills and quality of rehabilitation personnel. PART 389—[REMOVED AND § 387.2 Who is eligible for assistance (b) Nature and scope of curriculum. RESERVED] under this program? (1) The Secretary reviews each Those agencies and organizations application for information that ■ 14. Part 389 is removed and reserved. eligible for assistance under this demonstrates the adequacy and scope of ■ 15. Part 390 is revised to read as program are described in 34 CFR 385.2. the proposed curriculum. follows: (Authority: Section 12(c) and 302 of the (2) The Secretary looks for Rehabilitation Act of 1973, as amended; 29 information that shows that— PART 390—REHABILITATION SHORT- U.S.C. 709(c) and 772) (i) The scope and nature of the TERM TRAINING training content can be expected to § 387.3 What regulations apply to this Subpart A—General program? enable the achievement of the established project objectives of the Sec. (a) 34 CFR part 385 (Rehabilitation training project; 390.1 What is the Rehabilitation Short- Training); and (ii) The curriculum and teaching Term Training program? (b) The regulations in this part 387. methods provide for an integration of 390.2 Who is eligible for assistance under (Authority: Sections 12(c) and 302 of the this program? theory and practice relevant to the 390.3 What regulations apply to this Rehabilitation Act of 1973, as amended; 29 educational objectives of the program; U.S.C. 709(c) and 772) program? (iii) There is evidence of 390.4 What definitions apply to this § 387.4 What definitions apply to this educationally focused practicum or program? program? other field experiences in settings that Subpart B—What Kinds of Projects Does The definitions in 34 CFR part 385 assure student involvement in the the Department of Education Assist Under apply to this program. provision of vocational rehabilitation or This Program? independent living rehabilitation 390.10 What types of projects are (Authority: Sections 12(c) and 302 of the services to individuals with disabilities, Rehabilitation Act of 1973, as amended; 29 authorized under this program? U.S.C. 709(c) and 772)) especially individuals with significant disabilities; and Subpart C—[Reserved] § 387.5 What types of projects are (iv) The didactic coursework includes Subpart D—How Does the Secretary Make authorized under this program? student exposure to vocational a Grant? The Innovative Rehabilitation rehabilitation processes, concepts, 390.30 What additional selection criterion Training Program supports time-limited programs, and services. is used under this program? pilot projects through which new types (Authority: Sections 12(c) and 302 of the of rehabilitation workers may be trained Subpart E—What Conditions Must Be Met Rehabilitation Act of 1973, as amended; 29 by a Grantee? or through which innovative methods of U.S.C. 709(c) and 772) training rehabilitation personnel may be 390.40 What are the matching demonstrated. Subpart E—What Conditions Must Be requirements? 390.41 What are allowable costs? (Authority: Sections 12(c) and 302 of the Met by a Grantee? Authority: Sections 12(a) and (c) and 302 Rehabilitation Act of 1973, as amended; 29 § 387.40 What are the matching U.S.C. 709(c) and 772)) of the Rehabilitation Act of 1973, as requirements? amended; 29 U.S.C. 709(a) and (c) and 772, Subpart B—[Reserved] A grantee must contribute to the cost unless otherwise noted. of a project under this program in an Subpart A—General Subpart C—[Reserved] amount satisfactory to the Secretary. The part of the costs to be borne by the § 390.1 What is the Rehabilitation Short- Subpart D—How Does the Secretary grantee is determined by the Secretary Term Training program? Make a Grant? at the time of the grant award. This program is designed for the (Authority: Sections 12(c) and 302 of the support of special seminars, institutes, § 387.30 What additional selection criteria Rehabilitation Act of 1973, as amended; 29 are used under this program? U.S.C. 709(c) and 772) workshops, and other short-term In addition to the criteria in 34 CFR courses in technical matters relating to 385.31(c), the Secretary uses the § 387.41 What are allowable costs? the vocational, medical, social, and following additional selection criteria to In addition to those allowable costs psychological rehabilitation programs, evaluate an application: established under 34 CFR 75.530– independent living services programs, (a) Relevance to State-Federal 75.562, the following items are and client assistance programs. rehabilitation service program. (1) The allowable under Innovative (Authority: Sections 12(a)(2) and 302 of the Secretary reviews each application for Rehabilitation training projects— Rehabilitation Act of 1973, as amended; 29 information that shows that the (a) Student stipends; U.S.C. 709(a)(2) and 772)

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§ 390.2 Who is eligible for assistance proposed project can be expected to PART 396—TRAINING OF under this program? improve the skills and competence of— INTERPRETERS FOR INDIVIDUALS Those agencies and organizations (i) Personnel engaged in the WHO ARE DEAF OR HARD OF eligible for assistance under this administration or delivery of HEARING AND INDIVIDUALS WHO program are described in 34 CFR 385.2. rehabilitation services; and ARE DEAF–BLIND (Authority: Section 302 of the Rehabilitation (ii) Others with an interest in the Subpart A—General Act of 1973, as amended; 29 U.S.C. 772) delivery of rehabilitation services. Sec. § 390.3 What regulations apply to this (b) Evidence of training needs. The 396.1 What is the Training of Interpreters program? Secretary reviews each application for for Individuals Who Are Deaf or Hard of Hearing and Individuals Who Are Deaf- (a) 34 CFR part 385 (Rehabilitation evidence of training needs as identified Training); and Blind program? through training needs assessment 396.2 Who is eligible for an award? (b) The regulations in this part 390. conducted by the applicant or by 396.3 What regulations apply? (Authority: Section 302 of the Rehabilitation designated State agencies or designated 396.4 What definitions apply? Act of 1973, as amended; 29 U.S.C. 772) State units or any other public and 396.5 What activities may the Secretary fund? § 390.4 What definitions apply to this private nonprofit rehabilitation service program? agencies or organizations that provide Subpart B—[Reserved] rehabilitation services and other The definitions in 34 CFR part 385 Subpart C—How Does One Apply for an services authorized under the Act, apply to this program. Award? whose personnel will receive the 396.20 What must be included in an (Authority: Section 12(c) of the training. Rehabilitation Act of 1973, as amended; 29 application? U.S.C. 709(c) (Authority: Section 12(c) of the Subpart D—How Does the Secretary Make Rehabilitation Act of 1973, as amended; 29 an Award? Subpart B—What Kinds of Projects U.S.C. 709(c)) Does the Department of Education 396.30 How does the Secretary evaluate an Subpart E—What Conditions Must Be application? Assist Under This Program? 396.31 What additional selection criteria Met by a Grantee? § 390.10 What types of projects are are used under this program? 396.32 What additional factors does the authorized under this program? § 390.40 What are the matching Secretary consider in making awards? (a) Projects under this program are requirements? 396.33 What priorities does the Secretary designed to provide short-term training A grantee must contribute to the cost apply in making awards? and technical instruction in areas of of a project under this program in an 396.34 What are the matching requirements? special significance to the vocational, amount satisfactory to the Secretary. medical, social, and psychological The part of the costs to be borne by the Authority: Sections 12(c) and 302(a) and rehabilitation programs, supported grantee is determined by the Secretary (f) of the Rehabilitation Act of 1973, as employment programs, independent amended; 29 U.S.C. 709(c) and 772(a) and (f), at the time of the award. living services programs, and client unless otherwise noted. assistance programs. (Authority: Section 12(c) and 302 of the (b) Short-term training projects may Rehabilitation Act of 1973, as amended; 29 Subpart A—General U.S.C. 709(c) and 772) be of regional or national scope. § 396.1 What is the Training of Interpreters (c) Conferences and meetings in § 390.41 What are allowable costs? for Individuals Who Are Deaf or Hard of which training is not the primary focus Hearing and Individuals Who Are Deaf-Blind may not be supported under this (a) In addition to those allowable program? program. costs established in 34 CFR 75.530– The Training of Interpreters for (Authority: Section 12(a)(2) and 302 of the 75.562, the following items are Individuals Who Are Deaf or Hard of Rehabilitation Act of 1973, as amended; 29 allowable under short-term training Hearing and Individuals Who Are Deaf- U.S.C. 709(a)(2) and 772) projects: Blind program is designed to establish (1) Trainee per diem costs; interpreter training programs or to Subpart C—[Reserved] provide financial assistance for ongoing (2) Trainee travel in connection with interpreter programs to train a sufficient a training course; Subpart D—How Does the Secretary number of qualified interpreters Make a Grant? (3) Trainee registration fees; and throughout the country in order to meet § 390.30 What additional selection (4) Special accommodations for the communication needs of individuals criterion is used under this program? trainees with handicaps. who are deaf or hard of hearing and individuals who are deaf-blind by— In addition to the criteria in 34 CFR (b) The preparation of training 385.31(c), the Secretary uses the materials may not be supported under a (a) Training interpreters to effectively following additional selection criterion short-term training grant unless the interpret and transliterate between spoken language and sign language and to evaluate an application: materials are essential for the conduct of to transliterate between spoken language (a) Relevance to State-Federal the seminar, institute, workshop or and oral or tactile modes of rehabilitation service program. (1) The other short course for which the grant communication; Secretary reviews each application for support has been provided. information that shows that the (b) Ensuring the maintenance of the proposed project appropriately relates to (Authority: Section 12(c) and 302 of the interpreting skills of qualified the mission of the State-Federal Rehabilitation Act of 1973, as amended; 29 interpreters; and rehabilitation service programs. U.S.C. 709(c) and 772) (c) Providing opportunities for (2) The Secretary looks for ■ 16. Part 396 is revised to read as interpreters to raise their skill level information that shows that the follows: competence in order to meet the highest

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standards approved by certifying communicate, depends primarily upon interpreter education program or enters associations. visual modes, such as sign language, the field through an alternate pathway, (Authority: Sections 12(c) and 302(a) and (f) speech reading, and gestures, or reading is at the start of his or her professional of the Rehabilitation Act of 1973, as and writing. career with some level of proficiency in amended; 29 U.S.C. 709(c) and 772(a) and (f)) Individual who is deaf-blind means an American Sign Language, and is individual— working toward becoming a qualified § 396.2 Who is eligible for an award? (i)(A) Who has a central visual acuity professional. Public and private nonprofit agencies of 20/200 or less in the better eye with Qualified professional means an and organizations, including corrective lenses, or a field defect such individual who has— institutions of higher education, are that the peripheral diameter of visual (i) Met existing certification or eligible for assistance under this field subtends an angular distance no evaluation requirements equivalent to program. greater than 20 degrees, or a progressive the highest standards approved by (Authority: Section 302(f) of the visual loss having a prognosis leading to certifying associations; and Rehabilitation Act of 1973, as amended; 29 one or both of these conditions; (ii) Successfully demonstrated U.S.C. 772(f)) (B) Who has a chronic hearing interpreting skills that reflect the impairment so severe that most speech highest standards approved by § 396.3 What regulations apply? cannot be understood with optimum certifying associations through prior The following regulations apply to the amplification, or a progressive hearing work experience. Training of Interpreters for Individuals loss having a prognosis leading to this Related agency means— Who Are Deaf or Hard of Hearing and condition; and (i) An American Indian rehabilitation Individuals Who Are Deaf-Blind (C) For whom the combination of program; or program: impairments described in paragraphs (ii) Any of the following agencies that (a) 34 CFR part 385 (Rehabilitation (i)(A) and (B) of this definition causes provide services to individuals with Training), sections— extreme difficulty in attaining disabilities under an agreement or other (1) 385.3(a) and (d); independence in daily life activities, arrangement with a designated State (2) 385.40 through 385.46; and achieving psychosocial adjustment, or agency in the area of specialty for which (b) The regulations under this part obtaining a vocation; training is provided: 396. (ii) Who, despite the inability to be (A) A Federal, State, or local agency. (Authority: Sections 12(c) and 302(f) of the measured accurately for hearing and (B) A nonprofit organization. Rehabilitation Act of 1973, as amended; 29 vision loss due to cognitive or (C) A professional corporation or U.S.C. 709(c) and 772(f)) behavioral constraints, or both, can be professional practice group. (Authority: Sections 12(c) and 302(f) of the § 396.4 What definitions apply? determined through functional and performance assessment to have severe Rehabilitation Act of 1973, as amended and (a) Definitions in EDGAR. The hearing and visual disabilities that Section 206 of Pub. L. 98–221; 29 U.S.C. following terms defined in 34 CFR 77.1 cause extreme difficulty in attaining 709(c) and 772(f) and 29 U.S.C 1905) apply to this part: independence in daily life activities, § 396.5 What activities may the Secretary Applicant achieving psychosocial adjustment, or fund? Application obtaining vocational objectives; or The Secretary may award grants to Award (iii) Who meets any other Equipment public or private nonprofit agencies or requirements that the Secretary may Grant organizations, including institutions of Nonprofit prescribe. higher educations, to provide assistance Private Individual who is hard of hearing for establishment of interpreter training Project means an individual who, in order to programs or for projects that provide Public communicate, needs to supplement training in interpreting skills for persons Secretary auditory information by depending preparing to serve, and persons who are Supplies primarily upon visual modes, such as already serving, as interpreters for (b) Definitions in the rehabilitation sign language, speech reading, and individuals who are deaf or hard of training regulations. The following gestures, or reading and writing. hearing, and as interpreters for Interpreter for individuals who are terms defined in 34 CFR 385.4(b) apply individuals who are deaf-blind in public deaf or hard of hearing means a to this part: and private agencies, schools, and other qualified professional who uses sign Individual With a Disability service-providing institutions. Institution of Higher Education language skills, cued speech, or oral (c) Other definitions. The following interpreting skills, as appropriate to the (Authority: Section 302(f) of the needs of individuals who are deaf or Rehabilitation Act of 1973, as amended; 29 definitions also apply to this part: U.S.C. 772(f)) Existing program that has hard of hearing, to facilitate demonstrated its capacity for providing communication between individuals Subpart B—[Reserved] interpreter training services means an who are deaf or hard of hearing and established program with— other individuals. Subpart C—How Does One Apply for (i) A record of training qualified Interpreter for individuals who are an Award? interpreters who are serving the deaf, deaf-blind means a qualified hard of hearing, and deaf-blind professional who uses tactile or other § 396.20 What must be included in an communities; and manual language or fingerspelling application? (ii) An established curriculum that modes, as appropriate to the needs of Each applicant shall include in the uses evidence-based practices in the individuals who are deaf-blind, to application— training of interpreters and promising facilitate communication between (a) A description of the manner in practices when evidence-based practices individuals who are deaf-blind and which the proposed interpreter training are not available. other individuals. program will be developed and operated Individual who is deaf means an Novice Interpreter means an during the five-year period following individual who, in order to interpreter who has graduated from an the award of the grant;

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(b) A description of the (3) A combination of selection criteria carry out the purposes of this program. communication needs for training established under 34 CFR 75.209 and To accomplish this, the Secretary may interpreters for the population(s) or in selection criteria in 34 CFR 75.210. in any fiscal year make awards of the geographical area(s) to be served by (Authority: Section 302(f) of the regional or national scope. the project; Rehabilitation Act of 1973, as amended; 29 (Authority: Sections 12(c) and 302(f) of the (c) A description of the applicant’s U.S.C. 772(f)) Rehabilitation Act of 1973, as amended; 29 capacity or potential for providing U.S.C. 709(c) and 772(f)) training of interpreters for individuals § 396.31 What additional selection criteria are used under this program? who are deaf or hard of hearing and § 396.33 What priorities does the Secretary interpreters for individuals who are In addition to the criteria in 34 CFR apply in making awards? deaf-blind that is evidence-based, and 396.30(c), the Secretary uses the (a) The Secretary, in making awards based on promising practices when following additional selection criterion under this part, gives priority to public evidence-based practices are not to evaluate an application. The or private nonprofit agencies or available; Secretary reviews each application to organizations, including institutions of determine the extent to which— (d) An assurance that any interpreter higher education, with existing (a) The proposed interpreter training trained or retrained under this program programs that have demonstrated their project was developed in consultation capacity for providing interpreter shall meet those standards of with State Vocational Rehabilitation training. competency for a qualified professional, agencies and their related agencies and that the Secretary may establish; consumers; (b) In announcing competitions for (e) An assurance that the project shall (b) The training is appropriate to the grants and contracts, the Secretary may cooperate or coordinate its activities, as needs of both individuals who are deaf give priority consideration to— appropriate, with the activities of other or hard of hearing and individuals who (1) Increasing the skill level of projects funded under this program; are deaf-blind and to the needs of public interpreters for individuals who are deaf (f) The descriptions required in 34 and private agencies that provide or hard of hearing and individuals who CFR 385.45 with regard to the training services to either individuals who are are deaf-blind in unserved or of individuals with disabilities, deaf or hard of hearing or individuals underserved populations or in unserved including those from minority groups, who are deaf-blind in the geographical or underserved geographic areas; for rehabilitation careers; and area to be served by the training project; (2) Existing programs that have (g) Such other information as the (c) Any curricula for the training of demonstrated their capacity for Secretary may require. interpreters includes evidence-based providing interpreter training services (Approved by the Office of Management and practices and promising practices when that raise the skill level of interpreters Budget under control number 1820–0018) evidence-based practices are not in order to meet the highest standards (Authority: Sections 12(c), 21(c), and 302(f) available; approved by certifying associations; and of the Rehabilitation Act of 1973, as (d) There is a working relationship (3) Specialized topical training based amended; 29 U.S.C. 709(c), 718(c), and between the interpreter training project on the communication needs of 772(f)) and State Vocational Rehabilitation individuals who are deaf or hard of agencies and their related agencies, and hearing and individuals who are deaf- Subpart D—How Does the Secretary consumers; and blind. Make an Award? (e) There are opportunities for individuals who are deaf or hard of (Authority: Sections 12(c) and 302(f)(1)(C) of § 396.30 How does the Secretary evaluate the Rehabilitation Act of 1973, as amended; an application? hearing and individuals who are deaf- 29 U.S.C. 709(c) and 772(f)(1)(C)) blind to provide input regarding the (a) The Secretary evaluates design and management of the training § 396.34 What are the matching applications under the procedures in 34 project. requirements? CFR part 75. (b) The Secretary evaluates each (Authority: Sections 12(c) and 302(f) of the A grantee must contribute to the cost Rehabilitation Act of 1973, as amended; 29 of a project under this program in an application using selection criteria in U.S.C. 709(c) and 772(f)) § 396.31. amount satisfactory to the Secretary. (c) In addition to the selection criteria § 396.32 What additional factors does the The part of the costs to be borne by the described in paragraph (b) of this Secretary consider in making awards? grantee is determined by the Secretary section, the Secretary evaluates each In addition to the selection criteria at the time of the grant award. application using— listed in § 396.31 and 34 CFR 75.210, (Authority: Section 12(c) and 302(f) of the (1) Selection criteria in 34 CFR the Secretary, in making awards under Rehabilitation Act of 1973, as amended; 29 75.210; this part, considers the geographical U.S.C. 709(c) and 772(f)) (2) Selection criteria established distribution of projects throughout the [FR Doc. 2016–16046 Filed 8–8–16; 11:15 am] under 34 CFR 75.209; or country, as appropriate, in order to best BILLING CODE 4000–01–P

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