National Institute on Disability, Independent Living, and Rehabilitation Research, 79283-79292 [2015-31907]
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Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Proposed Rules
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BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Part 1330
RIN 0985–AA12
National Institute on Disability,
Independent Living, and Rehabilitation
Research
National Institute on Disability,
Independent Living, and Rehabilitation
Research; Administration for
Community Living; HHS.
ACTION: Proposed rule.
AGENCY:
This proposed rule would
implement the Workforce Innovation
and Opportunity Act of 2014 and reflect
the transfer of the National Institute on
Disability, Independent Living, and
Rehabilitation Research (NIDILRR) from
the Department of Education to the
Department of Health and Human
Services. The previous regulations were
issued by the Department of Education.
The rulemaking will consolidate the
NIDILRR regulations into a single part,
align the regulations with the current
statute and HHS policies, and will
provide guidance to NIDILRR grantees.
DATES: Comments are due on or before
February 19, 2016.
ADDRESSES: You may submit comments
in one of following ways (no duplicates,
please): Written comments may be
submitted through any of the methods
specified below. Please do not submit
duplicate comments.
• Federal eRulemaking Portal: You
may (and we encourage you to) submit
electronic comments on this regulation
at https://www.regulations.gov. Follow
the instructions under the ‘‘submit a
comment’’ tab. Attachments should be
in Microsoft Word, WordPerfect, or
Excel; however, we prefer Microsoft
Word.
• Regular, Express, or Overnight Mail:
You may mail written comments to the
following address only: Administration
for Community Living, Attention:
NIDILRR NPRM, U.S. Department of
Health and Human Services,
Washington, DC 20201. Please allow
sufficient time for mailed comments to
be received before the close of the
comment period.
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SUMMARY:
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I. Workforce Innovation and
Opportunity Act of 2014
The Workforce Innovation and
Opportunity Act of 2014 (‘‘WIOA,’’ Pub.
L. 113–128), signed into law on July 22,
2014, included significant changes to
Title II of the Rehabilitation Act of 1973.
The first of these is the insertion of a
new name, the National Institute on
Disability, Independent Living, and
Rehabilitation Research (‘‘NIDILRR,’’
which was previously the National
Institute on Disability and
Rehabilitation Research). WIOA also
relocates NIDILRR from the Department
of Education (‘‘ED’’) to the
Administration for Community Living
(‘‘ACL’’) of the Department of Health
and Human Services.
II. Programs Authorized by Title II of
the Rehabilitation Act of 1973, as
Amended by WIOA
A. Disability, Independent Living, and
Rehabilitation Research Projects and
Centers
The purpose of the Disability and
Rehabilitation Research Projects and
Centers program is to plan and conduct
research, development, demonstrations,
training, dissemination, and related
activities, including international
activities, to maximize the full inclusion
and integration into society,
employment, independent living, family
support, and economic and social selfsufficiency of individuals with
disabilities, especially individuals with
the most severe disabilities, and
improve the effectiveness of services
authorized under the Rehabilitation Act
of 1973, 29 U.S.C. 701 et seq.
To this end, NIDILRR provides grants
to establish and support:
• Disability, Independent Living, and
Rehabilitation Research Projects;
• Field Initiated Projects;
• Advanced Rehabilitation Research
Training Projects;
• Rehabilitation Research and
Training Centers; and
• Rehabilitation Engineering Research
Centers.
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Eligible entities for awards under this
program include States, public or
private agencies and organizations,
institutions of higher education, and
Indian tribes and tribal organizations.
B. Research Fellowships
The purpose of the Research
Fellowships program is to build
research capacity by providing support
to highly qualified individuals,
including those who are individuals
with disabilities, to perform research on
rehabilitation and independent living of
individuals with disabilities. Any
individual is eligible for assistance
under this program who has training
and experience that indicate a potential
for engaging in scientific research
related to the solution of rehabilitation
problems of individuals with
disabilities. The program provides
grants to support two categories of
Fellowships: Distinguished Fellowships
(for those with seven or more years of
relevant research experience) and Merit
Fellowships (for individuals in earlier
stages of their careers in research).
C. Special Projects and Demonstrations
for Spinal Cord Injuries
The Special Projects and
Demonstrations for Spinal Cord Injuries
program provides assistance to establish
innovative projects for the delivery,
demonstration, and evaluation of
comprehensive medical, vocational, and
other rehabilitation services to meet the
wide range of needs, including
independent living, of individuals with
spinal cord injuries. The entities eligible
for an award under these Projects and
Demonstrations are the same as for
Disability and Rehabilitation Research
Projects and Centers.
III. Discussion of Proposed Rule
Department of Education regulations
governing the National Institute on
Disability and Rehabilitation Research
are found at 34 CFR parts 350, 356, and
359. Part 350 sets forth regulations
addressing the Disability and
Rehabilitation Research Projects and
Centers Program; part 356 sets forth
regulations addressing Disability and
Rehabilitation Research Fellowships;
and part 359 sets forth regulations
addressing Special Projects and
Demonstrations for Spinal Cord Injuries.
ACL proposes to streamline the
NIDILRR regulations and to consolidate
them into one part, 45 CFR part 1330.
In our regulations, we propose to
eliminate regulatory language included
in the corresponding ED regulations that
does not add further interpretation to
the statutory language. We also propose
to eliminate unnecessary regulatory
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language that already exists in other
documents and that need not be
included in regulatory language, such as
the application materials or terms and
conditions of grant awards. The
remainder of the proposed rule is
derived largely from the previous ED
language, with significant deviations
noted below.
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45 CFR Part 1330
We propose creating a new part to 45
CFR, part 1330, entitled National
Institute for Disability, Independent
Living, and Rehabilitation Research. We
expect the Department of Education will
be issuing regulations at a later date
rescinding 34 CFR parts 350, 356, and
359.
Subpart A—Disability, Independent
Living, and Rehabilitation Research
Projects and Centers Program
Subpart A will contain general
requirements for the main NIDILRR
grant program.
Proposed § 1330.1 explains what
projects are funded under the program,
and the purpose of the program. This
section will provide a valuable
framework to potential applicants for
NIDILRR funding, as the statute does
not specify specific funding
opportunities. The provisions largely
incorporate language from the
corresponding regulations at 34 CFR
350.1 and 350.2.
Proposed § 1330.2 contains
information on what entities are eligible
to receive assistance under the program,
and is derived substantially from the
authorizing statute. It also cites other
regulations that apply to the awards
under part 1330, including the Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards, codified at part 75 of 45
CFR, rather than the EDGAR regulations
which govern Department of Education
financial assistance. In addition, all
entities receiving assistance are subject
to the HHS Grants Policy Statement,
available at https://www.hhs.gov/asfr/
ogapa/aboutog/hhsgps107.pdf. Other
than citing to the HHS Grant and other
applicable regulations, the proposed
rule is generally the same as 34 CFR
350.3 and 350.4.
Proposed § 1330.3 contains
definitions of terms used throughout the
proposed rules.
Proposed § 1330.4 defines the stages
of research funded by NIDILRR, and
requires applicants to identify which
stage(s) of research they propose to
undertake. This is a significant addition
as compared to existing ED regulations
and represents a major safeguard to
NIDILRR’s scientific integrity. We
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believe that asking applicants to identify
the stage of research they are proposing
would help applicants clarify the
expected outcomes of their proposed
research and would help us better
categorize our research investments and
tailor our review process. The proposed
change would also help us select
reviewers who are knowledgeable about
the topic and able to assess the
relationship between the identified
stage of research and the proposed
research design. This would increase
the likelihood that we fund research
that contributes to the evolution of
knowledge on a topic. The stages of
research reflect a progression in the
development of knowledge from
describing the status, needs, and
challenges of individuals with
disabilities to developing and testing
interventions to widespread adoption of
effective practices, programs, and
policies that improve their status,
respond to their needs, and reduce their
challenges with the aim of supporting
independence, integration, productivity,
and self-determination.
Proposed § 1330.5 defines the stages
of development funded by NIDILRR,
and applicants are expected to identify
which stage(s) of development they
propose to undertake. We believe that
asking applicants to identify the stage(s)
of development will help them to better
document and communicate proposed
development projects and expected
outcomes and help us better categorize
development projects, select reviewers,
and tailor our review process. This will
increase the likelihood of funding
development projects that contribute to
products meeting significant needs of
individuals with disabilities. ACL
especially solicits comments on these
stages of development, and the addition
of a requirement to identify the stage(s)
of development proposed for funding.
Subpart B—Requirements for Awardees
Subpart B contains general
requirements for awardees under the
NIDILRR research program.
Proposed § 1330.10 identifies the
activities which are eligible to receive
funding.
Proposed § 1330.11, in accordance
with 29 U.S.C. 718(c), when so
indicated in application materials or
elsewhere, requires applicants to
demonstrate in their applications how
they will address the needs of people
with disabilities from minority
backgrounds.
Subpart C—Selection of Awardees
Subpart C describes what processes
NIDILRR will use in the selection of
awardees.
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Proposed § 1330.20 explains the
purpose and importance of peer review
Proposed § 1330.21 states that peer
review will be used in the selection of
awardees. Peer review is viewed as
integral to the continuing independence
and scientific integrity of NIDILRR’s
work. In addition, 29 U.S.C. 762(f)(1)
provides that the NIDILRR Director
‘‘shall provide for scientific peer review
of all applications for financial
assistance for research, training, and
demonstration projects over which the
Director has authority.’’
Proposed § 1330.22 establishes the
composition of peer review panels, and
the factors used by the Director to select
members for these panels. In accordance
with 29 U.S.C. 762(f)(1), employees of
the U.S. Department of Health and
Human Services are excluded from peer
review panels.
Proposed § 1330.23 contains the
evaluation process used in determining
which applications to fund, including
the selection of evaluation criteria,
scoring, and notification requirements.
This process is largely statutory, stating
that the selection criteria are based on
statutory provisions that apply to the
Program.
Proposed § 1330.24 is an extensive list
of criteria from which the Director may
select in evaluating applications, and for
the most part is verbatim of § 350.54 of
34 CFR. An important proposed
addition to § 1330.24 is language which
allows for the assessment of either
hypotheses or research questions, as
appropriate to the proposed research. In
addition, language is proposed which
adds clarity as to the evaluation of the
‘‘appropriateness’’ of research samples,
specifically two elements: The extent to
which the sampling process yields
research participants who are
appropriate to the purpose of the study
(i.e., representative and inclusive of
social, ethnic, socioeconomic,
disability-related, and other differences
that are important to the outcomes and
implications of the research); and
whether the sample size is sufficient to
reasonably expect that differences
resulting from the proposed
intervention can be detected in the
population being studied.
We also propose a factor for assessing
the feasibility of implementing a
proposed research design. This factor
will assist peer reviewers to evaluate the
quality of the research design, and
whether it can be successfully
completed, especially in light of the
time and resources available. We
propose to add this assessment factor to
ensure that we sponsor high-quality
research that can be carried out by the
applicant. Without a factor related to
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feasibility, we could fund technically
well-designed research proposals that
cannot realistically be completed, given
limitations in time, resources, and
current knowledge.
Additional proposed factors in this
rule not included in ED regulations
include the extent to which applicants
obtain and use input from individuals
with disabilities and other stakeholders
to shape the proposed research
activities. Another proposed factor
requires that applicants identify and
justify the stage of research to establish
that the proposed research has a
foundation in the current state of
knowledge on the topic.
An important proposed addition to
this section is a factor which allows for
the assessment of development projects.
Proposed factors and sub-factors are
intended to improve the rigor and
clarity of documentation and
communication for proposed
development projects; facilitate high
quality peer-review; and subsequent
management and oversight of funded
projects. Conceptually, these factors
span the research basis supporting a
significant need and target population
for a product; methodological elements
common and appropriate to most
development projects; and
demonstration that the product is or is
likely to be adopted by the target
population and used for its intended
purpose. ACL particularly solicits
comments on this factor.
Proposed § 1330.25 contains selection
criteria specifically for field-initiated
priorities New to proposed § 1330.25 is
authority for NIDILRR to fund out of
rank order for all competitions
conducted under § 1330.25 provided
that the application receives a peer
review score of at least 80 percent or
more of available points and represents
a unique opportunity to advance the
rehabilitation knowledge to improve the
lives of individuals with disabilities,
complements research investment
already planned or funded, or addresses
research in a new and promising way.
This will allow NIDILRR to take
advantage of a unique opportunity to
advance the field, complement our
investment in a particular research area,
or build capacity in one of our research
domains or broad priority areas, while
maintaining quality standards.
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Subpart D—Disability, Independent
Living, and Rehabilitation Research
Fellowships
Subpart D contains information on
programs awarding funding to research
fellows, along with the eligibility
requirements and selection criteria for
these programs. This is significantly
streamlined as compared to part 356 in
the ED rules, but is included to signify
that the program discussed in that part
continue under HHS’ administration. In
keeping with established ED practice,
these fellowships will be funded by
grants to eligible fellows, as HHS
believes that this supports the
development of new and existing
researchers in the fields of disability,
independent living, and rehabilitation
research.
Subpart E—Special Projects and
Demonstrations for Spinal Cord Injuries
Subpart E contains information on
projects focusing on spinal cord injuries
and eligibility requirements for these
awards. This is significantly streamlined
as compared to part 359 in the ED rules,
but is included for the reasons stated in
subpart D.
Existing ED regulations not carried
over to this proposed rule are as follows:
ED citation
Title
Reason for deletion
§ 350.10 ...............................
What are the general requirements for Disability and
Rehabilitation Research Projects?
What are the general requirements for a Field-Initiated
Project?
What are the general requirements for an Advanced
Rehabilitation Research Training Project?
What Rehabilitation Research and Training Centers
Does the Secretary Assist?
What Rehabilitation Engineering Research Centers
Does the Secretary Assist?
Summarizes Rehabilitation Act, does not add new information.
Summarizes Rehabilitation Act, does not add new information.
Summarizes Rehabilitation Act, does not add new information.
Summarizes Rehabilitation Act, does not add new information.
Summarizes Rehabilitation Act, does not add new information. Requirements for advisory committees from
§ 350.34 and § 350.35 will be included in application
materials and grant terms & conditions, where appropriate.
No longer used by NIDILRR.
§ 350.11 ...............................
§ 350.12 ...............................
Part 350, Subpart C .............
Part 350, Subpart D .............
§ 350.41 ...............................
Part 350, Subpart G .............
§ 356.3 .................................
§ 356.4 .................................
Part 356, Subpart B .............
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Part 356, Subpart C .............
Part 356, Subpart D .............
Part 356, Subpart E .............
What State agency review must an applicant under the
Disability and Rehabilitation Research Projects and
Centers Program obtain?
What Conditions Must Be Met After an Award?
What regulations apply to this program?
What definitions apply to this program?
What Kinds of Activities Does the Department Support
Under This Program?
How Does One Apply For Assistance Under This Program?
How Does the Secretary Select a Fellow?
What Conditions Have To Be Met By A Fellow?
Part 356, Subpart F .............
What Are the Administrative Responsibilities of a Fellow?
§ 359.3 .................................
§ 359.4 .................................
What regulations apply to this program?
What definitions apply to this program?
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Requirements are either already stated in the statute or
are subject to the HHS-specific award requirements.
In addition, other post-award conditions may be included in application materials and grant terms &
conditions, where appropriate.
Same regulations apply as in § 1330.4.
Not used by NIDILRR.
Not used by NIDILRR.
Subject to same requirements as established in
§ 1330.10.
Subject to same criteria as established in § 1330.23.
When not already stated in statute, requirements will be
included in application materials, terms & conditions,
or contract requirements where appropriate.
When not already stated in statute, requirements will be
included in application materials, terms & conditions,
or contract requirements where appropriate.
Same regulations apply as in § 1330.4.
Not used by NIDILRR.
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ED citation
Title
Reason for deletion
Part 359, Subpart B .............
What Kinds of Activities Does the Secretary Assist
Under This Program?
How is peer review conducted under this program?
What selection criteria does the Secretary use in reviewing applications under this program?
What additional factors does the Secretary consider in
making a grant under this program?
Summarizes Rehabilitation Act, does not add new information.
Same as in part 1330, subpart C.
Same as in part 1330, subpart C.
§ 359.30 ...............................
§ 359.31 ...............................
§ 359.32 ...............................
IV. Impact Analysis
A. Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives, and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). The Department has determined
that this proposed rule is consistent
with the priorities and principles set
forth in Executive Order 12866.
Executive Order 12866 encourages
agencies, as appropriate, to provide the
public with meaningful participation in
the regulatory process. The rulemaking
implements the Workforce Innovation
and Opportunity Act of 2014. In
developing the final rule, we will
consider input we received from the
public including stakeholders. This
proposed rule is not being treated as a
‘‘significant regulatory action’’ under
section 3(f)(1) of Executive Order 12866.
Accordingly, the proposed rule has not
been reviewed by the Office of
Management and Budget.
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B. Regulatory Flexibility Analysis
The Secretary certifies under 5 U.S.C.
605(b), the Regulatory Flexibility Act
(Pub. L. 96–354), that this regulation
will not have a significant economic
impact on a substantial number of small
entities. The primary impact of this
proposed regulation is on entities
applying for NIDILRR funding
opportunities, specifically researchers,
States, public or private agencies and
organizations, institutions of higher
education, and Indian tribes and tribal
organizations. The proposed regulation
does not have a significant economic
impact on these entities. This proposed
rule is in fact significantly shorter than,
but with identical compliance
requirements to, the regulations it
replaces.
C. Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act
of 1995, we are required to provide 60day notice in the Federal Register and
solicit public comment before an
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Summarizes Rehabilitation Act, does not add new information.
information collection request is
submitted to the Office of Management
and Budget (OMB) for review and
approval. We are not introducing any
new information collections in this
proposed rule however, nor revising
reporting requirements.
D. Unfunded Mandates Reform Act
Section 202 of the Unfunded
Mandates Reform Act of 1995
(Unfunded Mandates Act) requires that
a covered agency prepare a budgetary
impact statement before promulgating a
rule that includes any Federal mandate
that may result in expenditures by State,
local, or Tribal governments, in the
aggregate, or by the private sector, of
$100 million, adjusted for inflation, or
more in any one year.
If a covered agency must prepare a
budgetary impact statement, section 205
further requires that it select the most
cost-effective and least burdensome
alternatives that achieves the objectives
of the rule and is consistent with the
statutory requirements. In addition,
section 203 requires a plan for
informing and advising any small
government that may be significantly or
uniquely impacted by a rule.
ACL has determined that this
proposed rule does not result in the
expenditure by State, local, and Tribal
governments in the aggregate, or by the
private sector of more than $100 million
in any one year.
E. Congressional Review
This proposed rule is not a major rule
as defined in 5 U.S.C. Section 804(2).
F. Assessment of Federal Regulations
and Policies on Families
Section 654 of the Treasury and
General Government Appropriations
Act of 1999 requires Federal agencies to
determine whether a policy or
regulation may affect family well-being.
If the agency’s conclusion is affirmative,
then the agency must prepare an impact
assessment addressing seven criteria
specified in the law. These proposed
regulations do not have an impact on
family well-being as defined in the
legislation.
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G. Executive Order 13132
Executive Order 13132 on
‘‘federalism’’ was signed August 4,
1999. The purposes of the Order are:
‘‘. . . to guarantee the division of
governmental responsibilities between
the national government and the States
that was intended by the Framers of the
Constitution, to ensure that the
principles of federalism established by
the Framers guide the executive
departments and agencies in the
formulation and implementation of
policies, and to further the policies of
the Unfunded Mandates Reform Act
. . .’’
The Department certifies that this
proposed rule does not have a
substantial direct effect on States, on the
relationship between the Federal
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
ACL is not aware of any specific State
laws that would be preempted by the
adoption of the regulation.
Dated: December 15, 2015.
Kathy Greenlee,
Administrator, Administration for
Community Living.
Approved: December 15, 2015.
Sylvia M. Burwell,
Secretary, U.S. Department of Health and
Human Services.
List of Subjects in 45 CFR Part 1330
Grant programs, Research,
Scholarships and fellowships.
For reasons set forth in the preamble,
under the authority at 29 U.S.C. 709 and
3343, the Department of Health and
Human Services proposes to add part
1330 of subchapter C title 45 to read as
set forth below:
PART 1330—NATIONAL INSTITUTE
FOR DISABILITY, INDEPENDENT
LIVING, AND REHABILITATION
RESEARCH
Subpart A—Disability, Independent Living,
and Rehabilitation Research Projects and
Centers Program
Sec.
1330.1 General.
1330.2 Eligibility for assistance and other
regulations and guidance.
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1330.3
1330.4
1330.5
Definitions.
Stages of research.
Stages of development.
§ 1330.2 Eligibility for assistance and
other regulations and guidance.
Subpart B—Requirements for Awardees
1330.10 General requirements for awardees.
1330.11 Individuals with disabilities from
minority backgrounds.
Subpart C—Selection of Awardees
1330.20 Peer review purpose.
1330.21 Peer review process.
1330.22 Composition of peer review panel.
1330.23 Evaluation process.
1330.24 Selection criteria.
1330.25 Additional considerations for fieldinitiated priorities.
Subpart D—Disability, Independent Living,
and Rehabilitation Research Fellowships
1330.30 Fellows program.
Subpart E—Special Projects and
Demonstrations for Spinal Cord Injuries
1330.40 Spinal cord injuries program.
Authority: 29 U.S.C. 709, 3343.
Subpart A—Disability, Independent
Living, and Rehabilitation Research
Projects and Centers Program
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§ 1330.1
General.
(a) The Disability, Independent
Living, and Rehabilitation Research
Projects and Centers Program provides
grants to establish and support—
(1) The following Disability,
Independent Living, and Rehabilitation
Research and Related Projects:
(i) Disability, Independent Living, and
Rehabilitation Research Projects;
(ii) Field-Initiated Projects;
(iii) Advanced Rehabilitation
Research Training Projects; and
(2) The following Disability,
Independent Living, and Rehabilitation
Research Centers:
(i) Rehabilitation Research and
Training Centers;
(ii) Rehabilitation Engineering
Research Centers.
(b) The purpose of the Disability,
Independent Living, and Rehabilitation
Research Projects and Centers Program
is to plan and conduct research,
development, demonstration projects,
training, dissemination, and related
activities, including international
activities, to—
(1) Develop methods, procedures, and
rehabilitation technology, that maximize
the full inclusion and integration into
society, employment, education,
independent living, family support, and
economic and social self-sufficiency of
individuals with disabilities, especially
individuals with the most severe
disabilities; and
(2) Improve the effectiveness of
services authorized under the
Rehabilitation Act of 1973, 29 U.S.C.
701 et seq.
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(a) Unless otherwise stated in this part
or in a determination by the NIDILRR
Director, the following entities are
eligible for an award under this
program:
(1) States.
(2) Public or private agencies,
including for-profit agencies.
(3) Public or private organizations,
including for-profit organizations.
(4) Institutions of higher education.
(5) Indian tribes and tribal
organizations.
(b) Other sources of regulation which
may apply to awards under this part
include but are not limited to:
(1) 45 CFR part 16—Procedures of the
Departmental Grant Appeals Board.
(2) 45 CFR part 46—Protection of
Human Subjects.
(3) 45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Award.
(4) 2 CFR parts 376 and 382—
Nonprocurement Debarment and
Suspension and Requirements for DrugFree Workplace (Financial Assistance).
(5) 45 CFR part 80—
Nondiscrimination under Programs
Receiving Federal Assistance through
the Department of Health and Human
Services—Effectuation of title VI of the
Civil Rights Act of 1964.
(6) 45 CFR part 81—Practice and
Procedures—Practice and Procedure for
Hearings Act under part 80 of this title.
(7) 45 CFR part 84—
Nondiscrimination on the Basis of
Handicap in Programs and Activities
Receiving or Benefiting from Federal
Financial Assistance.
(8) 45 CFR part 86—
Nondiscrimination on the Basis of Sex
in Education Programs and Activities
Receiving or Benefiting from Federal
Financial Assistance.
(9) 45 CFR part 87—Equal Treatment
of Faith-Based Organizations.
(10) 45 CFR part 91—
Nondiscrimination on the Basis of Age
in Programs or Activities Receiving
Federal Financial Assistance from HHS.
(11) 45 CFR part 93—New
Restrictions on Lobbying.
§ 1330.3
Definitions.
As used in this part:
(a) Secretary means the Secretary of
the Department of Health and Human
Services
(b) Administrator means the
Administrator of the Administration for
Community Living
(c) Director means the Director of the
National Institute on Disability,
Independent Living, and Rehabilitation
Research.
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(d) Research is classified on a
continuum from basic to applied:
(1) Basic research is research in which
the investigator is concerned primarily
with gaining new knowledge or
understanding of a subject without
reference to any immediate application
or utility.
(2) Applied research is research in
which the investigator is primarily
interested in developing new
knowledge, information, or
understanding which can be applied to
a predetermined rehabilitation problem
or need.
(e) Development activities use
knowledge and understanding gained
form research to create materials,
devices, systems, or methods beneficial
to the target population, including
design and development of prototypes
and processes.
§ 1330.4
Stages of research.
For any Disability, Independent
Living, and Rehabilitation Research
Projects and Centers Program
competition, the Department may
require in the application materials for
the competition that the applicant
identify the stage(s) of research in which
it will focus the work of its proposed
project or center. The four stages of
research are—
(a) Exploration and discovery mean
the stage of research that generates
hypotheses or theories through new and
refined analyses of data, producing
observational findings and creating
other sources of research-based
information. This research stage may
include identifying or describing the
barriers to and facilitators of improved
outcomes of individuals with
disabilities, as well as identifying or
describing existing practices, programs,
or policies that are associated with
important aspects of the lives of
individuals with disabilities. Results
achieved under this stage of research
may inform the development of
interventions or lead to evaluations of
interventions or policies. The results of
the exploration and discovery stage of
research may also be used to inform
decisions or priorities;
(b) Intervention development means
the stage of research that focuses on
generating and testing interventions that
have the potential to improve outcomes
for individuals with disabilities.
Intervention development involves
determining the active components of
possible interventions, developing
measures that would be required to
illustrate outcomes, specifying target
populations, conducting field tests, and
assessing the feasibility of conducting a
well-designed intervention study.
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Results from this stage of research may
be used to inform the design of a study
to test the efficacy of an intervention;
(c) Intervention efficacy means the
stage of research during which a project
evaluates and tests whether an
intervention is feasible, practical, and
has the potential to yield positive
outcomes for individuals with
disabilities. Efficacy research may assess
the strength of the relationships
between an intervention and outcomes,
and may identify factors or individual
characteristics that affect the
relationship between the intervention
and outcomes. Efficacy research can
inform decisions about whether there is
sufficient evidence to support ‘‘scalingup’’ an intervention to other sites and
contexts. This stage of research may
include assessing the training needed
for wide-scale implementation of the
intervention, and approaches to
evaluation of the intervention in realworld applications; and
(d) Scale-up evaluation means the
stage of research during which a project
analyzes whether an intervention is
effective in producing improved
outcomes for individuals with
disabilities when implemented in a realworld setting. During this stage of
research, a project tests the outcomes of
an evidence-based intervention in
different settings. The project examines
the challenges to successful replication
of the intervention, and the
circumstances and activities that
contribute to successful adoption of the
intervention in real-world settings. This
stage of research may also include welldesigned studies of an intervention that
has been widely adopted in practice, but
lacks a sufficient evidence base to
demonstrate its effectiveness.
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§ 1330.5
Stages of development.
For any Disability, Independent
Living, and Rehabilitation Research
Projects and Centers Program
competition, the Department may
require in the notice inviting
applications for the competition that the
applicant identify the stage(s) of
development in which it will focus the
work of its proposed project or center.
The three stages of development are—
(a) Proof of concept means the stage
of development where key technical
challenges are resolved. Stage activities
may include recruiting study
participants, verifying product
requirements; implementing and testing
(typically in controlled contexts) key
concepts, components, or systems, and
resolving technical challenges. A
technology transfer plan is typically
developed and transfer partner(s)
identified; and plan implementation
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may have started. Stage results establish
that a product concept is feasible.
(b) Proof of product means the stage
of development where a fully-integrated
and working prototype, meeting critical
technical requirements is created. Stage
activities may include recruiting study
participants, implementing and
iteratively refining the prototype, testing
the prototype in natural or lesscontrolled contexts, and verifying that
all technical requirements are met. A
technology transfer plan is typically
ongoing in collaboration with the
transfer partner(s). Stage results
establish that a product embodiment is
realizable.
(c) Proof of adoption means the stage
of development where a product is
substantially adopted by its target
population and used for its intended
purpose. Stage activities typically
include completing product
refinements; and continued
implementation of the technology
transfer plan in collaboration with the
transfer partner(s). Other activities
include measuring users’ awareness of
the product, opinion of the product,
decisions to adopt, use, and retain
products; and identifying barriers and
facilitators impacting product adoption.
Stage results establish that a product is
beneficial.
Subpart B—Requirements for
Awardees
§ 1330.10 General requirements for
awardees.
(a) In carrying out a research activity
under this program, an awardee must—
(1) Identify one or more hypotheses or
research questions;
(2) Based on the hypotheses or
research question identified, perform an
intensive systematic study in
accordance with its approved
application directed toward—
(i) New or full scientific knowledge;
or
(ii) Understanding of the subject or
problem being studied.
(b) In carrying out a development
activity under this program, an awardee
must create, using knowledge and
understanding gained from research,
models, methods, tools, systems,
materials, devices, systems,
applications, devices, or standards that
are adopted by and beneficial to the
target population. Development
activities span one or more stages of
development.
(c) In carrying out a training activity
under this program, an awardee shall
conduct a planned and systematic
sequence of supervised instruction that
is designed to impart predetermined
skills and knowledge.
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(d) In carrying out a demonstration
activity under this program, an awardee
shall apply results derived from
previous research, testing, or practice to
determine the effectiveness of a new
strategy or approach.
(e) In carrying out a utilization
activity under this program, a grantee
must relate research findings to
practical applications in planning,
policy making, program administration,
and delivery of services to individuals
with disabilities.
(f) In carrying out a dissemination
activity under this program, a grantee
must systematically distribute
information or knowledge through a
variety of ways to potential users or
beneficiaries.
(g) In carrying out a technical
assistance activity under this program, a
grantee must provide expertise or
information for use in problem-solving.
§ 1330.11 Individuals with disabilities from
minority backgrounds.
(a) If the director so indicates in the
application materials or elsewhere, an
applicant for assistance under this
program must demonstrate in its
application how it will address, in
whole or in part, the needs of
individuals with disabilities from
minority backgrounds.
(b) The approaches an applicant may
take to meet this requirement may
include one or more of the following:
(1) Proposing project objectives
addressing the needs of individuals
with disabilities from minority
backgrounds.
(2) Demonstrating that the project will
address a problem that is of particular
significance to individuals with
disabilities from minority backgrounds.
(3) Demonstrating that individuals
from minority backgrounds will be
included in study samples in sufficient
numbers to generate information
pertinent to individuals with disabilities
from minority backgrounds.
(4) Drawing study samples and
program participant rosters from
populations or areas that include
individuals from minority backgrounds.
(5) Providing outreach to individuals
with disabilities from minority
backgrounds to ensure that they are
aware of rehabilitation services, clinical
care, or training offered by the project.
(6) Disseminating materials to or
otherwise increasing the access to
disability information among minority
populations.
Subpart C—Selection of Awardees
§ 1330.20
Peer review purpose.
The purpose of peer review is to
insure that—
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(a) Those activities supported by the
National Institute on Disability,
Independent Living, and Rehabilitation
Research (NIDILRR) are of the highest
scientific, administrative, and technical
quality; and
(b) Activity results may be widely
applied to appropriate target
populations and rehabilitation
problems.
§ 1330.21
Peer review process.
(a) The Director refers each
application for an award governed by
those regulations in this part to a peer
review panel established by the
Director.
(b) Peer review panels review
applications on the basis of the
applicable selection criteria in
§ 1330.24.
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§ 1330.22
panel.
Composition of peer review
(a) The Director selects as members of
a peer review panel scientists and other
experts in disability, independent
living, rehabilitation or related fields
who are qualified, on the basis of
training, knowledge, or experience, to
give expert advice on the merit of the
applications under review.
(b) The scientific peer review process
shall be conducted by individuals who
are not Department of Health and
Human Services employees.
(c) In selecting members to serve on
a peer review panel, the Director may
take into account the following factors:
(1) The level of formal scientific or
technical education completed by
potential panel members.
(2) The extent to which potential
panel members have engaged in
scientific, technical, or administrative
activities appropriate to the category of
applications that the panel will
consider; the roles of potential panel
members in those activities; and the
quality of those activities.
(3) The recognition received by
potential panel members as reflected by
awards and other honors from scientific
and professional agencies and
organizations outside the Department.
(4) Whether the panel includes
knowledgeable individuals with
disabilities, or parents, family members,
guardians, advocates, or authorized
representatives of individuals with
disabilities.
(5) Whether the panel includes
individuals from diverse populations.
§ 1330.23
Evaluation process.
(a) The Director selects one or more of
the selection criteria in § 1330.24 to
evaluate an application;
(1) The Director establishes selection
criteria based on statutory provisions
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that apply to the Program which may
include, but are not limited to—
(A) Specific statutory selection
criteria;
(B) Allowable activities;
(C) Application content requirements;
or
(D) Other pre-award and post-award
conditions; or
(2) The Director may use a
combination of selection criteria
established under paragraph (a)(1) of
this section and selection criteria from
§ 1330.24 to evaluate a competition.
(3) For Field-Initiated Projects, the
Director does not consider § 1330.24(b)
(Responsiveness to the Absolute or
Competitive Priority) in evaluating an
application.
(b) In considering selection criteria in
§ 1330.24, the Director selects one or
more of the factors listed in the criteria,
but always considers the factor in
§ 1330.24(n) regarding members of
groups that have traditionally been
underrepresented based on race, color,
national origin, gender, age, or
disability.
(c) The maximum possible score for
an application is 100 points.
(d) In the application package or a
notice published in the Federal
Register, the Director informs applicants
of—
(1) The selection criteria chosen and
the maximum possible score for each of
the selection criteria; and
(2) The factors selected for
considering the selection criteria and if
points are assigned to each factor, the
maximum possible score for each factor
under each criterion. If no points are
assigned to each factor, the Director
evaluates each factor equally.
(e) For all instances in which the
Director chooses to allow field-initiated
research and development, the selection
criteria in § 1330.25 will apply,
including the requirement that the
applicant must achieve a score of 80
percent or more of maximum possible
points.
§ 1330.24
Selection criteria.
In addition to criteria established
under § 1330.23(a)(1), the Director may
select one or more of the following
criteria in evaluating an application:
(a) Importance of the problem. In
determining the importance of the
problem, the Director considers one or
more of the following factors:
(1) The extent to which the applicant
clearly describes the need and target
population.
(2) The extent to which the proposed
activities further the purposes of the
Act.
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(3) The extent to which the proposed
activities address a significant need of
individuals with disabilities.
(4) The extent to which the proposed
activities address a significant need of
rehabilitation service providers.
(5) The extent to which the proposed
activities address a significant need of
those who provide services to
individuals with disabilities.
(6) The extent to which the applicant
proposes to provide training in a
rehabilitation discipline or area of study
in which there is a shortage of qualified
researchers, or to a trainee population in
which there is a need for more qualified
researchers.
(7) The extent to which the proposed
project will have beneficial impact on
the target population.
(b) Responsiveness to an absolute or
competitive priority. In determining the
application’s responsiveness to the
application package or the absolute or
competitive priority published in the
Federal Register, the Director considers
one or more of the following factors:
(1) The extent to which the applicant
addresses all requirements of the
absolute or competitive priority.
(2) The extent to which the
applicant’s proposed activities are likely
to achieve the purposes of the absolute
or competitive priority.
(c) Design of research activities. In
determining the extent to which the
design is likely to be effective in
accomplishing the objectives of the
project, the Director considers one or
more of the following factors:
(1) The extent to which the research
activities constitute a coherent,
sustained approach to research in the
field, including a substantial addition to
the state-of-the-art.
(2) The extent to which the
methodology of each proposed research
activity is meritorious, including
consideration of the extent to which—
(i) The proposed design includes a
comprehensive and informed review of
the current literature, demonstrating
knowledge of the state-of-the-art;
(ii) Each research hypothesis or
research question, as appropriate, is
theoretically sound and based on
current knowledge;
(iii) Each sample is drawn from an
appropriate, specified population and is
of sufficient size to address the
proposed hypotheses or research
questions, as appropriate, and to
support the proposed data analysis
methods;
(iv) The source or sources of the data
and the data collection methods are
appropriate to address the proposed
hypotheses or research questions and to
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support the proposed data analysis
methods;
(v) The data analysis methods are
appropriate;
(vi) Implementation of the proposed
research design is feasible, given the
current state of the science and the time
and resources available;
(vii) Input of individuals with
disabilities and other key stakeholders
is used to shape the proposed research
activities; and
(viii) The applicant identifies and
justifies the stage of research being
proposed and the research methods
associated with the stage.
(3) The extent to which anticipated
research results are likely to satisfy the
original hypotheses or answer the
original research questions, as
appropriate, and could be used for
planning additional research, including
generation of new hypotheses or
research questions, where applicable.
(4) The extent to which the stage of
research is identified and justified in the
description of the research project(s)
being proposed.
(d) Design of development activities.
In determining the extent to which the
project design is likely to be effective in
accomplishing project objectives, the
Secretary considers one or more of the
following factors:
(1) The extent to which the proposed
project identifies a significant need and
a well-defined target population for the
new or improved product;
(2) The extent to which the proposed
project methodology is meritorious,
including consideration of the extent to
which—
(i) The proposed project shows
awareness of the state-of-the-art for
current, related products;
(ii) The proposed project employs
appropriate concepts, components, or
systems to develop the new or improved
product;
(iii) The proposed project employs
appropriate samples in tests, trials, and
other development activities.
(iv) The proposed project conducts
development activities in appropriate
environment(s);
(v) Input from individuals with
disabilities and other key stakeholders
is obtained to establish and guide
proposed development activities; and
(vi) The applicant identifies and
justifies the stage(s) of development for
the proposed project; and activities
associated with each stage.
(3) The new device or technique will
be developed and tested in an
appropriate environment;
(e) Design of demonstration activities.
In determining the extent to which the
design of demonstration activities is
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likely to be effective in accomplishing
the objectives of the project, the Director
considers one or more of the following
factors:
(1) The extent to which the proposed
demonstration activities build on
previous research, testing, or practices.
(2) The extent to which the proposed
demonstration activities include the use
of proper methodological tools and
theoretically sound procedures to
determine the effectiveness of the
strategy or approach.
(3) The extent to which the proposed
demonstration activities include
innovative and effective strategies or
approaches.
(4) The extent to which the proposed
demonstration activities are likely to
contribute to current knowledge and
practice and be a substantial addition to
the state-of-the-art.
(5) The extent to which the proposed
demonstration activities can be applied
and replicated in other settings.
(f) Design of training activities. In
determining the extent to which the
design is likely to be effective in
accomplishing the objectives of the
project, the Director considers one or
more of the following factors:
(1) The extent to which the proposed
training materials are likely to be
effective, including consideration of
their quality, clarity, and variety.
(2) The extent to which the proposed
training methods are of sufficient
quality, intensity, and duration.
(3) The extent to which the proposed
training content—
(i) Covers all of the relevant aspects of
the subject matter; and
(ii) If relevant, is based on new
knowledge derived from research
activities of the proposed project.
(4) The extent to which the proposed
training materials, methods, and content
are appropriate to the trainees,
including consideration of the skill level
of the trainees and the subject matter of
the materials.
(5) The extent to which the proposed
training materials and methods are
accessible to individuals with
disabilities.
(6) The extent to which the
applicant’s proposed recruitment
program is likely to be effective in
recruiting highly qualified trainees,
including those who are individuals
with disabilities.
(7) The extent to which the applicant
is able to carry out the training
activities, either directly or through
another entity.
(8) The extent to which the proposed
didactic and classroom training
programs emphasize scientific
methodology and are likely to develop
highly qualified researchers.
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(9) The extent to which the quality
and extent of the academic mentorship,
guidance, and supervision to be
provided to each individual trainee are
of a high level and are likely to develop
highly qualified researchers.
(10) The extent to which the type,
extent, and quality of the proposed
research experience, including the
opportunity to participate in advancedlevel research, are likely to develop
highly qualified researchers.
(11) The extent to which the
opportunities for collegial and
collaborative activities, exposure to
outstanding scientists in the field, and
opportunities to participate in the
preparation of scholarly or scientific
publications and presentations are
extensive and appropriate.
(g) Design of dissemination activities.
In determining the extent to which the
design is likely to be effective in
accomplishing the objectives of the
project, the Director considers one or
more of the following factors:
(1) The extent to which the content of
the information to be disseminated—
(i) Covers all of the relevant aspects of
the subject matter; and
(ii) If appropriate, is based on new
knowledge derived from research
activities of the project.
(2) The extent to which the materials
to be disseminated are likely to be
effective and usable, including
consideration of their quality, clarity,
variety, and format.
(3) The extent to which the methods
for dissemination are of sufficient
quality, intensity, and duration.
(4) The extent to which the materials
and information to be disseminated and
the methods for dissemination are
appropriate to the target population,
including consideration of the
familiarity of the target population with
the subject matter, format of the
information, and subject matter.
(5) The extent to which the
information to be disseminated will be
accessible to individuals with
disabilities.
(h) Design of utilization activities. In
determining the extent to which the
design of utilization activities is likely
to be effective in accomplishing the
objectives of the project, the Director
considers one or more of the following
factors:
(1) The extent to which the potential
new users of the information or
technology have a practical use for the
information and are likely to adopt the
practices or use the information or
technology, including new devices.
(2) The extent to which the utilization
strategies are likely to be effective.
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(3) The extent to which the
information or technology is likely to be
of use in other settings.
(i) Design of technical assistance
activities. In determining the extent to
which the design of technical assistance
activities is likely to be effective in
accomplishing the objectives of the
project, the Director considers one or
more of the following factors:
(1) The extent to which the methods
for providing technical assistance are of
sufficient quality, intensity, and
duration.
(2) The extent to which the
information to be provided through
technical assistance covers all of the
relevant aspects of the subject matter.
(3) The extent to which the technical
assistance is appropriate to the target
population, including consideration of
the knowledge level of the target
population, needs of the target
population, and format for providing
information.
(4) The extent to which the technical
assistance is accessible to individuals
with disabilities.
(j) Plan of operation. In determining
the quality of the plan of operation, the
Director considers one or more of the
following factors:
(1) The adequacy of the plan of
operation to achieve the objectives of
the proposed project on time and within
budget, including clearly defined
responsibilities, and timelines for
accomplishing project tasks.
(2) The adequacy of the plan of
operation to provide for using resources,
equipment, and personnel to achieve
each objective.
(k) Collaboration. In determining the
quality of collaboration, the Director
considers one or more of the following
factors:
(1) The extent to which the
applicant’s proposed collaboration with
one or more agencies, organizations, or
institutions is likely to be effective in
achieving the relevant proposed
activities of the project.
(2) The extent to which agencies,
organizations, or institutions
demonstrate a commitment to
collaborate with the applicant.
(3) The extent to which agencies,
organizations, or institutions that
commit to collaborate with the
applicant have the capacity to carry out
collaborative activities.
(l) Adequacy and reasonableness of
the budget. In determining the adequacy
and the reasonableness of the proposed
budget, the Director considers one or
more of the following factors:
(1) The extent to which the costs are
reasonable in relation to the proposed
project activities.
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(2) The extent to which the budget for
the project, including any subcontracts,
is adequately justified to support the
proposed project activities.
(3) The extent to which the applicant
is of sufficient size, scope, and quality
to effectively carry out the activities in
an efficient manner.
(m) Plan of evaluation. In determining
the quality of the plan of evaluation, the
Director considers one or more of the
following factors:
(1) The extent to which the plan of
evaluation provides for periodic
assessment of progress toward—
(i) Implementing the plan of
operation; and
(ii) Achieving the project’s intended
outcomes and expected impacts.
(2) The extent to which the plan of
evaluation will be used to improve the
performance of the project through the
feedback generated by its periodic
assessments.
(3) The extent to which the plan of
evaluation provides for periodic
assessment of a project’s progress that is
based on identified performance
measures that—
(i) Are clearly related to the intended
outcomes of the project and expected
impacts on the target population; and
(ii) Are objective, and quantifiable or
qualitative, as appropriate.
(n) Project staff. In determining the
quality of the project staff, the Director
considers the extent to which the
applicant encourages applications for
employment from persons who are
members of groups that have
traditionally been underrepresented
based on race, color, national origin,
gender, age, or disability. In addition,
the Director considers one or more of
the following:
(1) The extent to which the key
personnel and other key staff have
appropriate training and experience in
disciplines required to conduct all
proposed activities.
(2) The extent to which the
commitment of staff time is adequate to
accomplish all the proposed activities of
the project.
(3) The extent to which the key
personnel are knowledgeable about the
methodology and literature of pertinent
subject areas.
(4) The extent to which the project
staff includes outstanding scientists in
the field.
(5) The extent to which key personnel
have up-to-date knowledge from
research or effective practice in the
subject area covered in the priority.
(o) Adequacy and accessibility of
resources. In determining the adequacy
and accessibility of the applicant’s
resources to implement the proposed
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project, the Director considers one or
more of the following factors:
(1) The extent to which the applicant
is committed to provide adequate
facilities, equipment, other resources,
including administrative support, and
laboratories, if appropriate.
(2) The quality of an applicant’s past
performance in carrying out a grant.
(3) The extent to which the applicant
has appropriate access to populations
and organizations representing
individuals with disabilities to support
advanced disability, independent living
and clinical rehabilitation research.
(4) The extent to which the facilities,
equipment, and other resources are
appropriately accessible to individuals
with disabilities who may use the
facilities, equipment, and other
resources of the project.
§ 1330.25 Additional considerations for
field-initiated priorities.
(a) The Director reserves funds to
support field-initiated applications
funded under this part when those
applications have been awarded points
totaling 80 percent or more of the
maximum possible points under the
procedures described in § 1330.23.
(b) In making a final selection from
applications received when NIDILRR
uses field-initiated priorities, the
Director may consider whether one of
the following conditions is met and, if
so, use this information to fund an
application out of rank order:
(1) The proposed project represents a
unique opportunity to advance
rehabilitation and other knowledge to
improve the lives of individual with
disabilities.
(2) The proposed project
complements or balances research
activity already planned or funded by
NIDILRR through its annual priorities or
addresses the research in a new and
promising way.
Subpart D—Disability, Independent
Living, and Rehabilitation Research
Fellowships
§ 1330.30
Fellows program.
(a) The purpose of this program is to
build research capacity by providing
support to highly qualified individuals,
including those who are individuals
with disabilities, to perform research on
rehabilitation, independent living, and
other experiences and outcomes of
individuals with disabilities.
(b) The eligibility requirements for the
Fellows program are as follows:
(1) Only individuals are eligible to be
recipients of Fellowships.
(2) Any individual is eligible for
assistance under this program who has
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Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Proposed Rules
training and experience that indicate a
potential for engaging in scientific
research related to rehabilitation and
independent living for individuals with
disabilities.
(3) This program provides two
categories of Fellowships: Merit
Fellowships and Distinguished
Fellowships.
(i) To be eligible for a Distinguished
Fellowship, an individual must have
seven or more years of research
experience in subject areas, methods, or
techniques relevant to disability and
rehabilitation research and must have a
doctorate, other terminal degree, or
comparable academic qualifications.
(ii) The Director awards Merit
Fellowships to individuals in earlier
stages of their careers in research. To be
eligible for a Merit Fellowship, an
individual must have either advanced
professional training or experience in
independent study in an area which is
directly pertinent to disability and
rehabilitation.
(c) Fellowships will be awarded in the
form of a grant to eligible individuals.
(d) In making a final selection of
applicants to support under this
program, the Director considers the
extent to which applicants present a
unique opportunity to effect a major
advance in knowledge, address critical
problems in innovative ways, present
proposals which are consistent with the
Institute’s Long-Range Plan, build
research capacity within the field, or
complement and significantly increases
the potential value of already planned
research and related activities.
Subpart E—Special Projects and
Demonstrations for Spinal Cord
Injuries
§ 1330.40
Spinal cord injuries program.
(a) This program provides assistance
to establish innovative projects for the
delivery, demonstration, and evaluation
of comprehensive medical, vocational,
independent living, and rehabilitation
services to meet the wide range of needs
of individuals with spinal cord injuries.
(b) The agencies and organizations
eligible to apply under this program are
described in 45 CFR 1330.2.
[FR Doc. 2015–31907 Filed 12–18–15; 8:45 am]
Lhorne on DSK5TPTVN1PROD with PROPOSALS
BILLING CODE P
DENALI COMMISSION
45 CFR Chapter IX
National Environmental Policy Act
Implementing Procedures and
Categorical Exclusions
AGENCY:
Denali Commission.
VerDate Sep<11>2014
15:25 Dec 18, 2015
Jkt 238001
Notice of proposed NEPA
implementation rule; request for public
comment.
ACTION:
The Denali Commission
proposes to establish 45 CFR Chapter IX
and to add regulations for implementing
the National Environmental Policy Act
of 1969 (NEPA), as amended, and
invites public comment on the proposed
rule. All comments will be considered
in preparing the final regulations, which
will be made available to the public on
the Commission’s internet site at https://
www.denali.gov.
DATES: Comments and related material
must be received by January 20, 2016.
ADDRESSES: You may submit comments
to this rule by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Mail, Hand Delivery, or Courier:
Denali Commission, Attn: NEPA
Comments; 510 L Street, Suite 410;
Anchorage, AK 99501.
All written comments will be
available for public inspection during
regular work hours at the 510 L Street,
Suite 410 address listed above.
FOR FURTHER INFORMATION CONTACT: Mr.
John Whittington, 907–271–1414.
SUPPLEMENTARY INFORMATION:
SUMMARY:
General
Introduced by Congress in 1998, the
Denali Commission (Commission) is an
innovative federal-state partnership
designed to provide critical utilities,
infrastructure, and economic support
throughout Alaska. With the creation of
the Commission, Congress
acknowledged the need for increased
inter-agency cooperation and focus on
Alaska’s remote communities. Since its
first meeting in April 1999, the
Commission is credited with providing
numerous cost-shared infrastructure
projects across the State that exemplify
effective and efficient partnership
between federal and state agencies, and
the private sector.
The National Environmental Policy
Act (NEPA) and implementing
regulations promulgated by the Council
on Environmental Quality (CEQ) (40
CFR parts 1500–1508) establish a broad
national policy to protect the quality of
the human environment and to ensure
that environmental considerations and
associated public concerns are given
careful attention and appropriate weight
in all decisions of the federal
government. Sections 102(2) of NEPA
and 40 CFR 1505.1 and 1507.3 require
federal agencies to develop and, as
needed, revise implementing
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
procedures consistent with the CEQ
regulations. The Denali Commission
proposes the following NEPA
implementing procedures for complying
with NEPA and the CEQ regulations.
The remaining sections of
SUPPLEMENTARY INFORMATION will
provide background. Following the
SUPPLEMENTARY INFORMATION is the text
of the proposed procedures.
Background
In accordance with CEQ regulations
(40 CFR 1507.3), the Commission
consulted with the CEQ prior to
publication of the proposed rule. On
August 10, 2004, the Commission
published a proposed rule in the
Federal Register (69 FR 48435) and
invited public comment. The
Commission considered the comments
received on the 2004 proposed rule. On
March 6, 2006, however, the
Commission published a notice in the
Federal Register withdrawing the 2004
proposed rule (71 FR 13563). At the
time, the Commission intended to adopt
guidelines for implementing NEPA
instead of promulgating a final rule.
Since that time, however, the
Commission has concluded that the
approach outlined in the 2004 proposed
rule was appropriate and is issuing this
revised version of the proposed rule for
review and comment before proceeding
to promulgate a final rule. The
rulemaking process maximizes public
involvement during the development of
the regulations, and once finalized,
regulations provide a consistent NEPA
approach internally and with
cooperating agencies.
The proposed rule published today
reflects the Commission’s consideration
of and responses to the public
comments received on the 2004
proposed rule.
Responses to 2004 Comments
The Commission received, reviewed
and considered two letters of comment
on the August 10, 2004 Federal Register
notice. The comments and changes are
discussed below by section and
paragraph of the proposed rule. All
sections addressed in the comment
letters are discussed.
Subpart A—General
Section 900.103
Abbreviations
Terms and
A comment was made to clarify the
term ‘‘applicant’’ in subsection (a)(2).
We reviewed the subsection and have
clarified that an applicant can be a
federal, state and local government or
non-governmental partner or
organization and also added ‘‘An
E:\FR\FM\21DEP1.SGM
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Agencies
[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Proposed Rules]
[Pages 79283-79292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31907]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Part 1330
RIN 0985-AA12
National Institute on Disability, Independent Living, and
Rehabilitation Research
AGENCY: National Institute on Disability, Independent Living, and
Rehabilitation Research; Administration for Community Living; HHS.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would implement the Workforce Innovation
and Opportunity Act of 2014 and reflect the transfer of the National
Institute on Disability, Independent Living, and Rehabilitation
Research (NIDILRR) from the Department of Education to the Department
of Health and Human Services. The previous regulations were issued by
the Department of Education. The rulemaking will consolidate the
NIDILRR regulations into a single part, align the regulations with the
current statute and HHS policies, and will provide guidance to NIDILRR
grantees.
DATES: Comments are due on or before February 19, 2016.
ADDRESSES: You may submit comments in one of following ways (no
duplicates, please): Written comments may be submitted through any of
the methods specified below. Please do not submit duplicate comments.
Federal eRulemaking Portal: You may (and we encourage you
to) submit electronic comments on this regulation at https://www.regulations.gov. Follow the instructions under the ``submit a
comment'' tab. Attachments should be in Microsoft Word, WordPerfect, or
Excel; however, we prefer Microsoft Word.
Regular, Express, or Overnight Mail: You may mail written
comments to the following address only: Administration for Community
Living, Attention: NIDILRR NPRM, U.S. Department of Health and Human
Services, Washington, DC 20201. Please allow sufficient time for mailed
comments to be received before the close of the comment period.
Individuals with a Disability: We will provide an
appropriate accommodation, including alternative formats, upon request.
To make such a request, please contact Marlina Moses-Gaither, (202)
795-7409 (Voice) or at marlina.moses-gaither@acl.hhs.gov.
FOR FURTHER INFORMATION CONTACT: Greg Pugh, Administration for
Community Living, telephone (202) 795-7422 (Voice). This is not a toll-
free number. This document will be made available in alternative
formats upon request.
SUPPLEMENTARY INFORMATION:
I. Workforce Innovation and Opportunity Act of 2014
The Workforce Innovation and Opportunity Act of 2014 (``WIOA,''
Pub. L. 113-128), signed into law on July 22, 2014, included
significant changes to Title II of the Rehabilitation Act of 1973. The
first of these is the insertion of a new name, the National Institute
on Disability, Independent Living, and Rehabilitation Research
(``NIDILRR,'' which was previously the National Institute on Disability
and Rehabilitation Research). WIOA also relocates NIDILRR from the
Department of Education (``ED'') to the Administration for Community
Living (``ACL'') of the Department of Health and Human Services.
II. Programs Authorized by Title II of the Rehabilitation Act of 1973,
as Amended by WIOA
A. Disability, Independent Living, and Rehabilitation Research Projects
and Centers
The purpose of the Disability and Rehabilitation Research Projects
and Centers program is to plan and conduct research, development,
demonstrations, training, dissemination, and related activities,
including international activities, to maximize the full inclusion and
integration into society, employment, independent living, family
support, and economic and social self-sufficiency of individuals with
disabilities, especially individuals with the most severe disabilities,
and improve the effectiveness of services authorized under the
Rehabilitation Act of 1973, 29 U.S.C. 701 et seq.
To this end, NIDILRR provides grants to establish and support:
Disability, Independent Living, and Rehabilitation
Research Projects;
Field Initiated Projects;
Advanced Rehabilitation Research Training Projects;
Rehabilitation Research and Training Centers; and
Rehabilitation Engineering Research Centers.
Eligible entities for awards under this program include States,
public or private agencies and organizations, institutions of higher
education, and Indian tribes and tribal organizations.
B. Research Fellowships
The purpose of the Research Fellowships program is to build
research capacity by providing support to highly qualified individuals,
including those who are individuals with disabilities, to perform
research on rehabilitation and independent living of individuals with
disabilities. Any individual is eligible for assistance under this
program who has training and experience that indicate a potential for
engaging in scientific research related to the solution of
rehabilitation problems of individuals with disabilities. The program
provides grants to support two categories of Fellowships: Distinguished
Fellowships (for those with seven or more years of relevant research
experience) and Merit Fellowships (for individuals in earlier stages of
their careers in research).
C. Special Projects and Demonstrations for Spinal Cord Injuries
The Special Projects and Demonstrations for Spinal Cord Injuries
program provides assistance to establish innovative projects for the
delivery, demonstration, and evaluation of comprehensive medical,
vocational, and other rehabilitation services to meet the wide range of
needs, including independent living, of individuals with spinal cord
injuries. The entities eligible for an award under these Projects and
Demonstrations are the same as for Disability and Rehabilitation
Research Projects and Centers.
III. Discussion of Proposed Rule
Department of Education regulations governing the National
Institute on Disability and Rehabilitation Research are found at 34 CFR
parts 350, 356, and 359. Part 350 sets forth regulations addressing the
Disability and Rehabilitation Research Projects and Centers Program;
part 356 sets forth regulations addressing Disability and
Rehabilitation Research Fellowships; and part 359 sets forth
regulations addressing Special Projects and Demonstrations for Spinal
Cord Injuries. ACL proposes to streamline the NIDILRR regulations and
to consolidate them into one part, 45 CFR part 1330. In our
regulations, we propose to eliminate regulatory language included in
the corresponding ED regulations that does not add further
interpretation to the statutory language. We also propose to eliminate
unnecessary regulatory
[[Page 79284]]
language that already exists in other documents and that need not be
included in regulatory language, such as the application materials or
terms and conditions of grant awards. The remainder of the proposed
rule is derived largely from the previous ED language, with significant
deviations noted below.
45 CFR Part 1330
We propose creating a new part to 45 CFR, part 1330, entitled
National Institute for Disability, Independent Living, and
Rehabilitation Research. We expect the Department of Education will be
issuing regulations at a later date rescinding 34 CFR parts 350, 356,
and 359.
Subpart A--Disability, Independent Living, and Rehabilitation Research
Projects and Centers Program
Subpart A will contain general requirements for the main NIDILRR
grant program.
Proposed Sec. 1330.1 explains what projects are funded under the
program, and the purpose of the program. This section will provide a
valuable framework to potential applicants for NIDILRR funding, as the
statute does not specify specific funding opportunities. The provisions
largely incorporate language from the corresponding regulations at 34
CFR 350.1 and 350.2.
Proposed Sec. 1330.2 contains information on what entities are
eligible to receive assistance under the program, and is derived
substantially from the authorizing statute. It also cites other
regulations that apply to the awards under part 1330, including the
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for HHS Awards, codified at part 75 of 45 CFR, rather than
the EDGAR regulations which govern Department of Education financial
assistance. In addition, all entities receiving assistance are subject
to the HHS Grants Policy Statement, available at https://www.hhs.gov/asfr/ogapa/aboutog/hhsgps107.pdf. Other than citing to the HHS Grant
and other applicable regulations, the proposed rule is generally the
same as 34 CFR 350.3 and 350.4.
Proposed Sec. 1330.3 contains definitions of terms used throughout
the proposed rules.
Proposed Sec. 1330.4 defines the stages of research funded by
NIDILRR, and requires applicants to identify which stage(s) of research
they propose to undertake. This is a significant addition as compared
to existing ED regulations and represents a major safeguard to
NIDILRR's scientific integrity. We believe that asking applicants to
identify the stage of research they are proposing would help applicants
clarify the expected outcomes of their proposed research and would help
us better categorize our research investments and tailor our review
process. The proposed change would also help us select reviewers who
are knowledgeable about the topic and able to assess the relationship
between the identified stage of research and the proposed research
design. This would increase the likelihood that we fund research that
contributes to the evolution of knowledge on a topic. The stages of
research reflect a progression in the development of knowledge from
describing the status, needs, and challenges of individuals with
disabilities to developing and testing interventions to widespread
adoption of effective practices, programs, and policies that improve
their status, respond to their needs, and reduce their challenges with
the aim of supporting independence, integration, productivity, and
self-determination.
Proposed Sec. 1330.5 defines the stages of development funded by
NIDILRR, and applicants are expected to identify which stage(s) of
development they propose to undertake. We believe that asking
applicants to identify the stage(s) of development will help them to
better document and communicate proposed development projects and
expected outcomes and help us better categorize development projects,
select reviewers, and tailor our review process. This will increase the
likelihood of funding development projects that contribute to products
meeting significant needs of individuals with disabilities. ACL
especially solicits comments on these stages of development, and the
addition of a requirement to identify the stage(s) of development
proposed for funding.
Subpart B--Requirements for Awardees
Subpart B contains general requirements for awardees under the
NIDILRR research program.
Proposed Sec. 1330.10 identifies the activities which are eligible
to receive funding.
Proposed Sec. 1330.11, in accordance with 29 U.S.C. 718(c), when
so indicated in application materials or elsewhere, requires applicants
to demonstrate in their applications how they will address the needs of
people with disabilities from minority backgrounds.
Subpart C--Selection of Awardees
Subpart C describes what processes NIDILRR will use in the
selection of awardees.
Proposed Sec. 1330.20 explains the purpose and importance of peer
review
Proposed Sec. 1330.21 states that peer review will be used in the
selection of awardees. Peer review is viewed as integral to the
continuing independence and scientific integrity of NIDILRR's work. In
addition, 29 U.S.C. 762(f)(1) provides that the NIDILRR Director
``shall provide for scientific peer review of all applications for
financial assistance for research, training, and demonstration projects
over which the Director has authority.''
Proposed Sec. 1330.22 establishes the composition of peer review
panels, and the factors used by the Director to select members for
these panels. In accordance with 29 U.S.C. 762(f)(1), employees of the
U.S. Department of Health and Human Services are excluded from peer
review panels.
Proposed Sec. 1330.23 contains the evaluation process used in
determining which applications to fund, including the selection of
evaluation criteria, scoring, and notification requirements. This
process is largely statutory, stating that the selection criteria are
based on statutory provisions that apply to the Program.
Proposed Sec. 1330.24 is an extensive list of criteria from which
the Director may select in evaluating applications, and for the most
part is verbatim of Sec. 350.54 of 34 CFR. An important proposed
addition to Sec. 1330.24 is language which allows for the assessment
of either hypotheses or research questions, as appropriate to the
proposed research. In addition, language is proposed which adds clarity
as to the evaluation of the ``appropriateness'' of research samples,
specifically two elements: The extent to which the sampling process
yields research participants who are appropriate to the purpose of the
study (i.e., representative and inclusive of social, ethnic,
socioeconomic, disability-related, and other differences that are
important to the outcomes and implications of the research); and
whether the sample size is sufficient to reasonably expect that
differences resulting from the proposed intervention can be detected in
the population being studied.
We also propose a factor for assessing the feasibility of
implementing a proposed research design. This factor will assist peer
reviewers to evaluate the quality of the research design, and whether
it can be successfully completed, especially in light of the time and
resources available. We propose to add this assessment factor to ensure
that we sponsor high-quality research that can be carried out by the
applicant. Without a factor related to
[[Page 79285]]
feasibility, we could fund technically well-designed research proposals
that cannot realistically be completed, given limitations in time,
resources, and current knowledge.
Additional proposed factors in this rule not included in ED
regulations include the extent to which applicants obtain and use input
from individuals with disabilities and other stakeholders to shape the
proposed research activities. Another proposed factor requires that
applicants identify and justify the stage of research to establish that
the proposed research has a foundation in the current state of
knowledge on the topic.
An important proposed addition to this section is a factor which
allows for the assessment of development projects. Proposed factors and
sub-factors are intended to improve the rigor and clarity of
documentation and communication for proposed development projects;
facilitate high quality peer-review; and subsequent management and
oversight of funded projects. Conceptually, these factors span the
research basis supporting a significant need and target population for
a product; methodological elements common and appropriate to most
development projects; and demonstration that the product is or is
likely to be adopted by the target population and used for its intended
purpose. ACL particularly solicits comments on this factor.
Proposed Sec. 1330.25 contains selection criteria specifically for
field-initiated priorities New to proposed Sec. 1330.25 is authority
for NIDILRR to fund out of rank order for all competitions conducted
under Sec. 1330.25 provided that the application receives a peer
review score of at least 80 percent or more of available points and
represents a unique opportunity to advance the rehabilitation knowledge
to improve the lives of individuals with disabilities, complements
research investment already planned or funded, or addresses research in
a new and promising way. This will allow NIDILRR to take advantage of a
unique opportunity to advance the field, complement our investment in a
particular research area, or build capacity in one of our research
domains or broad priority areas, while maintaining quality standards.
Subpart D--Disability, Independent Living, and Rehabilitation Research
Fellowships
Subpart D contains information on programs awarding funding to
research fellows, along with the eligibility requirements and selection
criteria for these programs. This is significantly streamlined as
compared to part 356 in the ED rules, but is included to signify that
the program discussed in that part continue under HHS' administration.
In keeping with established ED practice, these fellowships will be
funded by grants to eligible fellows, as HHS believes that this
supports the development of new and existing researchers in the fields
of disability, independent living, and rehabilitation research.
Subpart E--Special Projects and Demonstrations for Spinal Cord Injuries
Subpart E contains information on projects focusing on spinal cord
injuries and eligibility requirements for these awards. This is
significantly streamlined as compared to part 359 in the ED rules, but
is included for the reasons stated in subpart D.
Existing ED regulations not carried over to this proposed rule are
as follows:
----------------------------------------------------------------------------------------------------------------
ED citation Title Reason for deletion
----------------------------------------------------------------------------------------------------------------
Sec. 350.10........................ What are the general requirements for Summarizes Rehabilitation
Disability and Rehabilitation Research Act, does not add new
Projects? information.
Sec. 350.11........................ What are the general requirements for a Summarizes Rehabilitation
Field-Initiated Project? Act, does not add new
information.
Sec. 350.12........................ What are the general requirements for an Summarizes Rehabilitation
Advanced Rehabilitation Research Training Act, does not add new
Project? information.
Part 350, Subpart C.................. What Rehabilitation Research and Training Summarizes Rehabilitation
Centers Does the Secretary Assist? Act, does not add new
information.
Part 350, Subpart D.................. What Rehabilitation Engineering Research Summarizes Rehabilitation
Centers Does the Secretary Assist? Act, does not add new
information. Requirements
for advisory committees from
Sec. 350.34 and Sec.
350.35 will be included in
application materials and
grant terms & conditions,
where appropriate.
Sec. 350.41........................ What State agency review must an applicant No longer used by NIDILRR.
under the Disability and Rehabilitation
Research Projects and Centers Program
obtain?
Part 350, Subpart G.................. What Conditions Must Be Met After an Requirements are either
Award? already stated in the
statute or are subject to
the HHS-specific award
requirements. In addition,
other post-award conditions
may be included in
application materials and
grant terms & conditions,
where appropriate.
Sec. 356.3......................... What regulations apply to this program? Same regulations apply as in
Sec. 1330.4.
Sec. 356.4......................... What definitions apply to this program? Not used by NIDILRR.
Part 356, Subpart B.................. What Kinds of Activities Does the Not used by NIDILRR.
Department Support Under This Program?
Part 356, Subpart C.................. How Does One Apply For Assistance Under Subject to same requirements
This Program? as established in Sec.
1330.10.
Part 356, Subpart D.................. How Does the Secretary Select a Fellow? Subject to same criteria as
established in Sec.
1330.23.
Part 356, Subpart E.................. What Conditions Have To Be Met By A When not already stated in
Fellow? statute, requirements will
be included in application
materials, terms &
conditions, or contract
requirements where
appropriate.
Part 356, Subpart F.................. What Are the Administrative When not already stated in
Responsibilities of a Fellow? statute, requirements will
be included in application
materials, terms &
conditions, or contract
requirements where
appropriate.
Sec. 359.3......................... What regulations apply to this program? Same regulations apply as in
Sec. 1330.4.
Sec. 359.4......................... What definitions apply to this program? Not used by NIDILRR.
[[Page 79286]]
Part 359, Subpart B.................. What Kinds of Activities Does the Summarizes Rehabilitation
Secretary Assist Under This Program? Act, does not add new
information.
Sec. 359.30........................ How is peer review conducted under this Same as in part 1330, subpart
program? C.
Sec. 359.31........................ What selection criteria does the Secretary Same as in part 1330, subpart
use in reviewing applications under this C.
program?
Sec. 359.32........................ What additional factors does the Secretary Summarizes Rehabilitation
consider in making a grant under this Act, does not add new
program? information.
----------------------------------------------------------------------------------------------------------------
IV. Impact Analysis
A. Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives, and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). The
Department has determined that this proposed rule is consistent with
the priorities and principles set forth in Executive Order 12866.
Executive Order 12866 encourages agencies, as appropriate, to provide
the public with meaningful participation in the regulatory process. The
rulemaking implements the Workforce Innovation and Opportunity Act of
2014. In developing the final rule, we will consider input we received
from the public including stakeholders. This proposed rule is not being
treated as a ``significant regulatory action'' under section 3(f)(1) of
Executive Order 12866. Accordingly, the proposed rule has not been
reviewed by the Office of Management and Budget.
B. Regulatory Flexibility Analysis
The Secretary certifies under 5 U.S.C. 605(b), the Regulatory
Flexibility Act (Pub. L. 96-354), that this regulation will not have a
significant economic impact on a substantial number of small entities.
The primary impact of this proposed regulation is on entities applying
for NIDILRR funding opportunities, specifically researchers, States,
public or private agencies and organizations, institutions of higher
education, and Indian tribes and tribal organizations. The proposed
regulation does not have a significant economic impact on these
entities. This proposed rule is in fact significantly shorter than, but
with identical compliance requirements to, the regulations it replaces.
C. Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995, we are required to
provide 60-day notice in the Federal Register and solicit public
comment before an information collection request is submitted to the
Office of Management and Budget (OMB) for review and approval. We are
not introducing any new information collections in this proposed rule
however, nor revising reporting requirements.
D. Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded
Mandates Act) requires that a covered agency prepare a budgetary impact
statement before promulgating a rule that includes any Federal mandate
that may result in expenditures by State, local, or Tribal governments,
in the aggregate, or by the private sector, of $100 million, adjusted
for inflation, or more in any one year.
If a covered agency must prepare a budgetary impact statement,
section 205 further requires that it select the most cost-effective and
least burdensome alternatives that achieves the objectives of the rule
and is consistent with the statutory requirements. In addition, section
203 requires a plan for informing and advising any small government
that may be significantly or uniquely impacted by a rule.
ACL has determined that this proposed rule does not result in the
expenditure by State, local, and Tribal governments in the aggregate,
or by the private sector of more than $100 million in any one year.
E. Congressional Review
This proposed rule is not a major rule as defined in 5 U.S.C.
Section 804(2).
F. Assessment of Federal Regulations and Policies on Families
Section 654 of the Treasury and General Government Appropriations
Act of 1999 requires Federal agencies to determine whether a policy or
regulation may affect family well-being. If the agency's conclusion is
affirmative, then the agency must prepare an impact assessment
addressing seven criteria specified in the law. These proposed
regulations do not have an impact on family well-being as defined in
the legislation.
G. Executive Order 13132
Executive Order 13132 on ``federalism'' was signed August 4, 1999.
The purposes of the Order are: ``. . . to guarantee the division of
governmental responsibilities between the national government and the
States that was intended by the Framers of the Constitution, to ensure
that the principles of federalism established by the Framers guide the
executive departments and agencies in the formulation and
implementation of policies, and to further the policies of the Unfunded
Mandates Reform Act . . .''
The Department certifies that this proposed rule does not have a
substantial direct effect on States, on the relationship between the
Federal government and the States, or on the distribution of power and
responsibilities among the various levels of government.
ACL is not aware of any specific State laws that would be preempted
by the adoption of the regulation.
Dated: December 15, 2015.
Kathy Greenlee,
Administrator, Administration for Community Living.
Approved: December 15, 2015.
Sylvia M. Burwell,
Secretary, U.S. Department of Health and Human Services.
List of Subjects in 45 CFR Part 1330
Grant programs, Research, Scholarships and fellowships.
For reasons set forth in the preamble, under the authority at 29
U.S.C. 709 and 3343, the Department of Health and Human Services
proposes to add part 1330 of subchapter C title 45 to read as set forth
below:
PART 1330--NATIONAL INSTITUTE FOR DISABILITY, INDEPENDENT LIVING,
AND REHABILITATION RESEARCH
Subpart A--Disability, Independent Living, and Rehabilitation Research
Projects and Centers Program
Sec.
1330.1 General.
1330.2 Eligibility for assistance and other regulations and
guidance.
[[Page 79287]]
1330.3 Definitions.
1330.4 Stages of research.
1330.5 Stages of development.
Subpart B--Requirements for Awardees
1330.10 General requirements for awardees.
1330.11 Individuals with disabilities from minority backgrounds.
Subpart C--Selection of Awardees
1330.20 Peer review purpose.
1330.21 Peer review process.
1330.22 Composition of peer review panel.
1330.23 Evaluation process.
1330.24 Selection criteria.
1330.25 Additional considerations for field-initiated priorities.
Subpart D--Disability, Independent Living, and Rehabilitation Research
Fellowships
1330.30 Fellows program.
Subpart E--Special Projects and Demonstrations for Spinal Cord Injuries
1330.40 Spinal cord injuries program.
Authority: 29 U.S.C. 709, 3343.
Subpart A--Disability, Independent Living, and Rehabilitation
Research Projects and Centers Program
Sec. 1330.1 General.
(a) The Disability, Independent Living, and Rehabilitation Research
Projects and Centers Program provides grants to establish and support--
(1) The following Disability, Independent Living, and
Rehabilitation Research and Related Projects:
(i) Disability, Independent Living, and Rehabilitation Research
Projects;
(ii) Field-Initiated Projects;
(iii) Advanced Rehabilitation Research Training Projects; and
(2) The following Disability, Independent Living, and
Rehabilitation Research Centers:
(i) Rehabilitation Research and Training Centers;
(ii) Rehabilitation Engineering Research Centers.
(b) The purpose of the Disability, Independent Living, and
Rehabilitation Research Projects and Centers Program is to plan and
conduct research, development, demonstration projects, training,
dissemination, and related activities, including international
activities, to--
(1) Develop methods, procedures, and rehabilitation technology,
that maximize the full inclusion and integration into society,
employment, education, independent living, family support, and economic
and social self-sufficiency of individuals with disabilities,
especially individuals with the most severe disabilities; and
(2) Improve the effectiveness of services authorized under the
Rehabilitation Act of 1973, 29 U.S.C. 701 et seq.
Sec. 1330.2 Eligibility for assistance and other regulations and
guidance.
(a) Unless otherwise stated in this part or in a determination by
the NIDILRR Director, the following entities are eligible for an award
under this program:
(1) States.
(2) Public or private agencies, including for-profit agencies.
(3) Public or private organizations, including for-profit
organizations.
(4) Institutions of higher education.
(5) Indian tribes and tribal organizations.
(b) Other sources of regulation which may apply to awards under
this part include but are not limited to:
(1) 45 CFR part 16--Procedures of the Departmental Grant Appeals
Board.
(2) 45 CFR part 46--Protection of Human Subjects.
(3) 45 CFR part 75--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for HHS Award.
(4) 2 CFR parts 376 and 382--Nonprocurement Debarment and
Suspension and Requirements for Drug-Free Workplace (Financial
Assistance).
(5) 45 CFR part 80--Nondiscrimination under Programs Receiving
Federal Assistance through the Department of Health and Human
Services--Effectuation of title VI of the Civil Rights Act of 1964.
(6) 45 CFR part 81--Practice and Procedures--Practice and Procedure
for Hearings Act under part 80 of this title.
(7) 45 CFR part 84--Nondiscrimination on the Basis of Handicap in
Programs and Activities Receiving or Benefiting from Federal Financial
Assistance.
(8) 45 CFR part 86--Nondiscrimination on the Basis of Sex in
Education Programs and Activities Receiving or Benefiting from Federal
Financial Assistance.
(9) 45 CFR part 87--Equal Treatment of Faith-Based Organizations.
(10) 45 CFR part 91--Nondiscrimination on the Basis of Age in
Programs or Activities Receiving Federal Financial Assistance from HHS.
(11) 45 CFR part 93--New Restrictions on Lobbying.
Sec. 1330.3 Definitions.
As used in this part:
(a) Secretary means the Secretary of the Department of Health and
Human Services
(b) Administrator means the Administrator of the Administration for
Community Living
(c) Director means the Director of the National Institute on
Disability, Independent Living, and Rehabilitation Research.
(d) Research is classified on a continuum from basic to applied:
(1) Basic research is research in which the investigator is
concerned primarily with gaining new knowledge or understanding of a
subject without reference to any immediate application or utility.
(2) Applied research is research in which the investigator is
primarily interested in developing new knowledge, information, or
understanding which can be applied to a predetermined rehabilitation
problem or need.
(e) Development activities use knowledge and understanding gained
form research to create materials, devices, systems, or methods
beneficial to the target population, including design and development
of prototypes and processes.
Sec. 1330.4 Stages of research.
For any Disability, Independent Living, and Rehabilitation Research
Projects and Centers Program competition, the Department may require in
the application materials for the competition that the applicant
identify the stage(s) of research in which it will focus the work of
its proposed project or center. The four stages of research are--
(a) Exploration and discovery mean the stage of research that
generates hypotheses or theories through new and refined analyses of
data, producing observational findings and creating other sources of
research-based information. This research stage may include identifying
or describing the barriers to and facilitators of improved outcomes of
individuals with disabilities, as well as identifying or describing
existing practices, programs, or policies that are associated with
important aspects of the lives of individuals with disabilities.
Results achieved under this stage of research may inform the
development of interventions or lead to evaluations of interventions or
policies. The results of the exploration and discovery stage of
research may also be used to inform decisions or priorities;
(b) Intervention development means the stage of research that
focuses on generating and testing interventions that have the potential
to improve outcomes for individuals with disabilities. Intervention
development involves determining the active components of possible
interventions, developing measures that would be required to illustrate
outcomes, specifying target populations, conducting field tests, and
assessing the feasibility of conducting a well-designed intervention
study.
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Results from this stage of research may be used to inform the design of
a study to test the efficacy of an intervention;
(c) Intervention efficacy means the stage of research during which
a project evaluates and tests whether an intervention is feasible,
practical, and has the potential to yield positive outcomes for
individuals with disabilities. Efficacy research may assess the
strength of the relationships between an intervention and outcomes, and
may identify factors or individual characteristics that affect the
relationship between the intervention and outcomes. Efficacy research
can inform decisions about whether there is sufficient evidence to
support ``scaling-up'' an intervention to other sites and contexts.
This stage of research may include assessing the training needed for
wide-scale implementation of the intervention, and approaches to
evaluation of the intervention in real-world applications; and
(d) Scale-up evaluation means the stage of research during which a
project analyzes whether an intervention is effective in producing
improved outcomes for individuals with disabilities when implemented in
a real-world setting. During this stage of research, a project tests
the outcomes of an evidence-based intervention in different settings.
The project examines the challenges to successful replication of the
intervention, and the circumstances and activities that contribute to
successful adoption of the intervention in real-world settings. This
stage of research may also include well-designed studies of an
intervention that has been widely adopted in practice, but lacks a
sufficient evidence base to demonstrate its effectiveness.
Sec. 1330.5 Stages of development.
For any Disability, Independent Living, and Rehabilitation Research
Projects and Centers Program competition, the Department may require in
the notice inviting applications for the competition that the applicant
identify the stage(s) of development in which it will focus the work of
its proposed project or center. The three stages of development are--
(a) Proof of concept means the stage of development where key
technical challenges are resolved. Stage activities may include
recruiting study participants, verifying product requirements;
implementing and testing (typically in controlled contexts) key
concepts, components, or systems, and resolving technical challenges. A
technology transfer plan is typically developed and transfer partner(s)
identified; and plan implementation may have started. Stage results
establish that a product concept is feasible.
(b) Proof of product means the stage of development where a fully-
integrated and working prototype, meeting critical technical
requirements is created. Stage activities may include recruiting study
participants, implementing and iteratively refining the prototype,
testing the prototype in natural or less-controlled contexts, and
verifying that all technical requirements are met. A technology
transfer plan is typically ongoing in collaboration with the transfer
partner(s). Stage results establish that a product embodiment is
realizable.
(c) Proof of adoption means the stage of development where a
product is substantially adopted by its target population and used for
its intended purpose. Stage activities typically include completing
product refinements; and continued implementation of the technology
transfer plan in collaboration with the transfer partner(s). Other
activities include measuring users' awareness of the product, opinion
of the product, decisions to adopt, use, and retain products; and
identifying barriers and facilitators impacting product adoption. Stage
results establish that a product is beneficial.
Subpart B--Requirements for Awardees
Sec. 1330.10 General requirements for awardees.
(a) In carrying out a research activity under this program, an
awardee must--
(1) Identify one or more hypotheses or research questions;
(2) Based on the hypotheses or research question identified,
perform an intensive systematic study in accordance with its approved
application directed toward--
(i) New or full scientific knowledge; or
(ii) Understanding of the subject or problem being studied.
(b) In carrying out a development activity under this program, an
awardee must create, using knowledge and understanding gained from
research, models, methods, tools, systems, materials, devices, systems,
applications, devices, or standards that are adopted by and beneficial
to the target population. Development activities span one or more
stages of development.
(c) In carrying out a training activity under this program, an
awardee shall conduct a planned and systematic sequence of supervised
instruction that is designed to impart predetermined skills and
knowledge.
(d) In carrying out a demonstration activity under this program, an
awardee shall apply results derived from previous research, testing, or
practice to determine the effectiveness of a new strategy or approach.
(e) In carrying out a utilization activity under this program, a
grantee must relate research findings to practical applications in
planning, policy making, program administration, and delivery of
services to individuals with disabilities.
(f) In carrying out a dissemination activity under this program, a
grantee must systematically distribute information or knowledge through
a variety of ways to potential users or beneficiaries.
(g) In carrying out a technical assistance activity under this
program, a grantee must provide expertise or information for use in
problem-solving.
Sec. 1330.11 Individuals with disabilities from minority backgrounds.
(a) If the director so indicates in the application materials or
elsewhere, an applicant for assistance under this program must
demonstrate in its application how it will address, in whole or in
part, the needs of individuals with disabilities from minority
backgrounds.
(b) The approaches an applicant may take to meet this requirement
may include one or more of the following:
(1) Proposing project objectives addressing the needs of
individuals with disabilities from minority backgrounds.
(2) Demonstrating that the project will address a problem that is
of particular significance to individuals with disabilities from
minority backgrounds.
(3) Demonstrating that individuals from minority backgrounds will
be included in study samples in sufficient numbers to generate
information pertinent to individuals with disabilities from minority
backgrounds.
(4) Drawing study samples and program participant rosters from
populations or areas that include individuals from minority
backgrounds.
(5) Providing outreach to individuals with disabilities from
minority backgrounds to ensure that they are aware of rehabilitation
services, clinical care, or training offered by the project.
(6) Disseminating materials to or otherwise increasing the access
to disability information among minority populations.
Subpart C--Selection of Awardees
Sec. 1330.20 Peer review purpose.
The purpose of peer review is to insure that--
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(a) Those activities supported by the National Institute on
Disability, Independent Living, and Rehabilitation Research (NIDILRR)
are of the highest scientific, administrative, and technical quality;
and
(b) Activity results may be widely applied to appropriate target
populations and rehabilitation problems.
Sec. 1330.21 Peer review process.
(a) The Director refers each application for an award governed by
those regulations in this part to a peer review panel established by
the Director.
(b) Peer review panels review applications on the basis of the
applicable selection criteria in Sec. 1330.24.
Sec. 1330.22 Composition of peer review panel.
(a) The Director selects as members of a peer review panel
scientists and other experts in disability, independent living,
rehabilitation or related fields who are qualified, on the basis of
training, knowledge, or experience, to give expert advice on the merit
of the applications under review.
(b) The scientific peer review process shall be conducted by
individuals who are not Department of Health and Human Services
employees.
(c) In selecting members to serve on a peer review panel, the
Director may take into account the following factors:
(1) The level of formal scientific or technical education completed
by potential panel members.
(2) The extent to which potential panel members have engaged in
scientific, technical, or administrative activities appropriate to the
category of applications that the panel will consider; the roles of
potential panel members in those activities; and the quality of those
activities.
(3) The recognition received by potential panel members as
reflected by awards and other honors from scientific and professional
agencies and organizations outside the Department.
(4) Whether the panel includes knowledgeable individuals with
disabilities, or parents, family members, guardians, advocates, or
authorized representatives of individuals with disabilities.
(5) Whether the panel includes individuals from diverse
populations.
Sec. 1330.23 Evaluation process.
(a) The Director selects one or more of the selection criteria in
Sec. 1330.24 to evaluate an application;
(1) The Director establishes selection criteria based on statutory
provisions that apply to the Program which may include, but are not
limited to--
(A) Specific statutory selection criteria;
(B) Allowable activities;
(C) Application content requirements; or
(D) Other pre-award and post-award conditions; or
(2) The Director may use a combination of selection criteria
established under paragraph (a)(1) of this section and selection
criteria from Sec. 1330.24 to evaluate a competition.
(3) For Field-Initiated Projects, the Director does not consider
Sec. 1330.24(b) (Responsiveness to the Absolute or Competitive
Priority) in evaluating an application.
(b) In considering selection criteria in Sec. 1330.24, the
Director selects one or more of the factors listed in the criteria, but
always considers the factor in Sec. 1330.24(n) regarding members of
groups that have traditionally been underrepresented based on race,
color, national origin, gender, age, or disability.
(c) The maximum possible score for an application is 100 points.
(d) In the application package or a notice published in the Federal
Register, the Director informs applicants of--
(1) The selection criteria chosen and the maximum possible score
for each of the selection criteria; and
(2) The factors selected for considering the selection criteria and
if points are assigned to each factor, the maximum possible score for
each factor under each criterion. If no points are assigned to each
factor, the Director evaluates each factor equally.
(e) For all instances in which the Director chooses to allow field-
initiated research and development, the selection criteria in Sec.
1330.25 will apply, including the requirement that the applicant must
achieve a score of 80 percent or more of maximum possible points.
Sec. 1330.24 Selection criteria.
In addition to criteria established under Sec. 1330.23(a)(1), the
Director may select one or more of the following criteria in evaluating
an application:
(a) Importance of the problem. In determining the importance of the
problem, the Director considers one or more of the following factors:
(1) The extent to which the applicant clearly describes the need
and target population.
(2) The extent to which the proposed activities further the
purposes of the Act.
(3) The extent to which the proposed activities address a
significant need of individuals with disabilities.
(4) The extent to which the proposed activities address a
significant need of rehabilitation service providers.
(5) The extent to which the proposed activities address a
significant need of those who provide services to individuals with
disabilities.
(6) The extent to which the applicant proposes to provide training
in a rehabilitation discipline or area of study in which there is a
shortage of qualified researchers, or to a trainee population in which
there is a need for more qualified researchers.
(7) The extent to which the proposed project will have beneficial
impact on the target population.
(b) Responsiveness to an absolute or competitive priority. In
determining the application's responsiveness to the application package
or the absolute or competitive priority published in the Federal
Register, the Director considers one or more of the following factors:
(1) The extent to which the applicant addresses all requirements of
the absolute or competitive priority.
(2) The extent to which the applicant's proposed activities are
likely to achieve the purposes of the absolute or competitive priority.
(c) Design of research activities. In determining the extent to
which the design is likely to be effective in accomplishing the
objectives of the project, the Director considers one or more of the
following factors:
(1) The extent to which the research activities constitute a
coherent, sustained approach to research in the field, including a
substantial addition to the state-of-the-art.
(2) The extent to which the methodology of each proposed research
activity is meritorious, including consideration of the extent to
which--
(i) The proposed design includes a comprehensive and informed
review of the current literature, demonstrating knowledge of the state-
of-the-art;
(ii) Each research hypothesis or research question, as appropriate,
is theoretically sound and based on current knowledge;
(iii) Each sample is drawn from an appropriate, specified
population and is of sufficient size to address the proposed hypotheses
or research questions, as appropriate, and to support the proposed data
analysis methods;
(iv) The source or sources of the data and the data collection
methods are appropriate to address the proposed hypotheses or research
questions and to
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support the proposed data analysis methods;
(v) The data analysis methods are appropriate;
(vi) Implementation of the proposed research design is feasible,
given the current state of the science and the time and resources
available;
(vii) Input of individuals with disabilities and other key
stakeholders is used to shape the proposed research activities; and
(viii) The applicant identifies and justifies the stage of research
being proposed and the research methods associated with the stage.
(3) The extent to which anticipated research results are likely to
satisfy the original hypotheses or answer the original research
questions, as appropriate, and could be used for planning additional
research, including generation of new hypotheses or research questions,
where applicable.
(4) The extent to which the stage of research is identified and
justified in the description of the research project(s) being proposed.
(d) Design of development activities. In determining the extent to
which the project design is likely to be effective in accomplishing
project objectives, the Secretary considers one or more of the
following factors:
(1) The extent to which the proposed project identifies a
significant need and a well-defined target population for the new or
improved product;
(2) The extent to which the proposed project methodology is
meritorious, including consideration of the extent to which--
(i) The proposed project shows awareness of the state-of-the-art
for current, related products;
(ii) The proposed project employs appropriate concepts, components,
or systems to develop the new or improved product;
(iii) The proposed project employs appropriate samples in tests,
trials, and other development activities.
(iv) The proposed project conducts development activities in
appropriate environment(s);
(v) Input from individuals with disabilities and other key
stakeholders is obtained to establish and guide proposed development
activities; and
(vi) The applicant identifies and justifies the stage(s) of
development for the proposed project; and activities associated with
each stage.
(3) The new device or technique will be developed and tested in an
appropriate environment;
(e) Design of demonstration activities. In determining the extent
to which the design of demonstration activities is likely to be
effective in accomplishing the objectives of the project, the Director
considers one or more of the following factors:
(1) The extent to which the proposed demonstration activities build
on previous research, testing, or practices.
(2) The extent to which the proposed demonstration activities
include the use of proper methodological tools and theoretically sound
procedures to determine the effectiveness of the strategy or approach.
(3) The extent to which the proposed demonstration activities
include innovative and effective strategies or approaches.
(4) The extent to which the proposed demonstration activities are
likely to contribute to current knowledge and practice and be a
substantial addition to the state-of-the-art.
(5) The extent to which the proposed demonstration activities can
be applied and replicated in other settings.
(f) Design of training activities. In determining the extent to
which the design is likely to be effective in accomplishing the
objectives of the project, the Director considers one or more of the
following factors:
(1) The extent to which the proposed training materials are likely
to be effective, including consideration of their quality, clarity, and
variety.
(2) The extent to which the proposed training methods are of
sufficient quality, intensity, and duration.
(3) The extent to which the proposed training content--
(i) Covers all of the relevant aspects of the subject matter; and
(ii) If relevant, is based on new knowledge derived from research
activities of the proposed project.
(4) The extent to which the proposed training materials, methods,
and content are appropriate to the trainees, including consideration of
the skill level of the trainees and the subject matter of the
materials.
(5) The extent to which the proposed training materials and methods
are accessible to individuals with disabilities.
(6) The extent to which the applicant's proposed recruitment
program is likely to be effective in recruiting highly qualified
trainees, including those who are individuals with disabilities.
(7) The extent to which the applicant is able to carry out the
training activities, either directly or through another entity.
(8) The extent to which the proposed didactic and classroom
training programs emphasize scientific methodology and are likely to
develop highly qualified researchers.
(9) The extent to which the quality and extent of the academic
mentorship, guidance, and supervision to be provided to each individual
trainee are of a high level and are likely to develop highly qualified
researchers.
(10) The extent to which the type, extent, and quality of the
proposed research experience, including the opportunity to participate
in advanced-level research, are likely to develop highly qualified
researchers.
(11) The extent to which the opportunities for collegial and
collaborative activities, exposure to outstanding scientists in the
field, and opportunities to participate in the preparation of scholarly
or scientific publications and presentations are extensive and
appropriate.
(g) Design of dissemination activities. In determining the extent
to which the design is likely to be effective in accomplishing the
objectives of the project, the Director considers one or more of the
following factors:
(1) The extent to which the content of the information to be
disseminated--
(i) Covers all of the relevant aspects of the subject matter; and
(ii) If appropriate, is based on new knowledge derived from
research activities of the project.
(2) The extent to which the materials to be disseminated are likely
to be effective and usable, including consideration of their quality,
clarity, variety, and format.
(3) The extent to which the methods for dissemination are of
sufficient quality, intensity, and duration.
(4) The extent to which the materials and information to be
disseminated and the methods for dissemination are appropriate to the
target population, including consideration of the familiarity of the
target population with the subject matter, format of the information,
and subject matter.
(5) The extent to which the information to be disseminated will be
accessible to individuals with disabilities.
(h) Design of utilization activities. In determining the extent to
which the design of utilization activities is likely to be effective in
accomplishing the objectives of the project, the Director considers one
or more of the following factors:
(1) The extent to which the potential new users of the information
or technology have a practical use for the information and are likely
to adopt the practices or use the information or technology, including
new devices.
(2) The extent to which the utilization strategies are likely to be
effective.
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(3) The extent to which the information or technology is likely to
be of use in other settings.
(i) Design of technical assistance activities. In determining the
extent to which the design of technical assistance activities is likely
to be effective in accomplishing the objectives of the project, the
Director considers one or more of the following factors:
(1) The extent to which the methods for providing technical
assistance are of sufficient quality, intensity, and duration.
(2) The extent to which the information to be provided through
technical assistance covers all of the relevant aspects of the subject
matter.
(3) The extent to which the technical assistance is appropriate to
the target population, including consideration of the knowledge level
of the target population, needs of the target population, and format
for providing information.
(4) The extent to which the technical assistance is accessible to
individuals with disabilities.
(j) Plan of operation. In determining the quality of the plan of
operation, the Director considers one or more of the following factors:
(1) The adequacy of the plan of operation to achieve the objectives
of the proposed project on time and within budget, including clearly
defined responsibilities, and timelines for accomplishing project
tasks.
(2) The adequacy of the plan of operation to provide for using
resources, equipment, and personnel to achieve each objective.
(k) Collaboration. In determining the quality of collaboration, the
Director considers one or more of the following factors:
(1) The extent to which the applicant's proposed collaboration with
one or more agencies, organizations, or institutions is likely to be
effective in achieving the relevant proposed activities of the project.
(2) The extent to which agencies, organizations, or institutions
demonstrate a commitment to collaborate with the applicant.
(3) The extent to which agencies, organizations, or institutions
that commit to collaborate with the applicant have the capacity to
carry out collaborative activities.
(l) Adequacy and reasonableness of the budget. In determining the
adequacy and the reasonableness of the proposed budget, the Director
considers one or more of the following factors:
(1) The extent to which the costs are reasonable in relation to the
proposed project activities.
(2) The extent to which the budget for the project, including any
subcontracts, is adequately justified to support the proposed project
activities.
(3) The extent to which the applicant is of sufficient size, scope,
and quality to effectively carry out the activities in an efficient
manner.
(m) Plan of evaluation. In determining the quality of the plan of
evaluation, the Director considers one or more of the following
factors:
(1) The extent to which the plan of evaluation provides for
periodic assessment of progress toward--
(i) Implementing the plan of operation; and
(ii) Achieving the project's intended outcomes and expected
impacts.
(2) The extent to which the plan of evaluation will be used to
improve the performance of the project through the feedback generated
by its periodic assessments.
(3) The extent to which the plan of evaluation provides for
periodic assessment of a project's progress that is based on identified
performance measures that--
(i) Are clearly related to the intended outcomes of the project and
expected impacts on the target population; and
(ii) Are objective, and quantifiable or qualitative, as
appropriate.
(n) Project staff. In determining the quality of the project staff,
the Director considers the extent to which the applicant encourages
applications for employment from persons who are members of groups that
have traditionally been underrepresented based on race, color, national
origin, gender, age, or disability. In addition, the Director considers
one or more of the following:
(1) The extent to which the key personnel and other key staff have
appropriate training and experience in disciplines required to conduct
all proposed activities.
(2) The extent to which the commitment of staff time is adequate to
accomplish all the proposed activities of the project.
(3) The extent to which the key personnel are knowledgeable about
the methodology and literature of pertinent subject areas.
(4) The extent to which the project staff includes outstanding
scientists in the field.
(5) The extent to which key personnel have up-to-date knowledge
from research or effective practice in the subject area covered in the
priority.
(o) Adequacy and accessibility of resources. In determining the
adequacy and accessibility of the applicant's resources to implement
the proposed project, the Director considers one or more of the
following factors:
(1) The extent to which the applicant is committed to provide
adequate facilities, equipment, other resources, including
administrative support, and laboratories, if appropriate.
(2) The quality of an applicant's past performance in carrying out
a grant.
(3) The extent to which the applicant has appropriate access to
populations and organizations representing individuals with
disabilities to support advanced disability, independent living and
clinical rehabilitation research.
(4) The extent to which the facilities, equipment, and other
resources are appropriately accessible to individuals with disabilities
who may use the facilities, equipment, and other resources of the
project.
Sec. 1330.25 Additional considerations for field-initiated
priorities.
(a) The Director reserves funds to support field-initiated
applications funded under this part when those applications have been
awarded points totaling 80 percent or more of the maximum possible
points under the procedures described in Sec. 1330.23.
(b) In making a final selection from applications received when
NIDILRR uses field-initiated priorities, the Director may consider
whether one of the following conditions is met and, if so, use this
information to fund an application out of rank order:
(1) The proposed project represents a unique opportunity to advance
rehabilitation and other knowledge to improve the lives of individual
with disabilities.
(2) The proposed project complements or balances research activity
already planned or funded by NIDILRR through its annual priorities or
addresses the research in a new and promising way.
Subpart D--Disability, Independent Living, and Rehabilitation
Research Fellowships
Sec. 1330.30 Fellows program.
(a) The purpose of this program is to build research capacity by
providing support to highly qualified individuals, including those who
are individuals with disabilities, to perform research on
rehabilitation, independent living, and other experiences and outcomes
of individuals with disabilities.
(b) The eligibility requirements for the Fellows program are as
follows:
(1) Only individuals are eligible to be recipients of Fellowships.
(2) Any individual is eligible for assistance under this program
who has
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training and experience that indicate a potential for engaging in
scientific research related to rehabilitation and independent living
for individuals with disabilities.
(3) This program provides two categories of Fellowships: Merit
Fellowships and Distinguished Fellowships.
(i) To be eligible for a Distinguished Fellowship, an individual
must have seven or more years of research experience in subject areas,
methods, or techniques relevant to disability and rehabilitation
research and must have a doctorate, other terminal degree, or
comparable academic qualifications.
(ii) The Director awards Merit Fellowships to individuals in
earlier stages of their careers in research. To be eligible for a Merit
Fellowship, an individual must have either advanced professional
training or experience in independent study in an area which is
directly pertinent to disability and rehabilitation.
(c) Fellowships will be awarded in the form of a grant to eligible
individuals.
(d) In making a final selection of applicants to support under this
program, the Director considers the extent to which applicants present
a unique opportunity to effect a major advance in knowledge, address
critical problems in innovative ways, present proposals which are
consistent with the Institute's Long-Range Plan, build research
capacity within the field, or complement and significantly increases
the potential value of already planned research and related activities.
Subpart E--Special Projects and Demonstrations for Spinal Cord
Injuries
Sec. 1330.40 Spinal cord injuries program.
(a) This program provides assistance to establish innovative
projects for the delivery, demonstration, and evaluation of
comprehensive medical, vocational, independent living, and
rehabilitation services to meet the wide range of needs of individuals
with spinal cord injuries.
(b) The agencies and organizations eligible to apply under this
program are described in 45 CFR 1330.2.
[FR Doc. 2015-31907 Filed 12-18-15; 8:45 am]
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