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HHS/ACL RIN: 0985-AA16 Publication ID: Fall 2021 
Title: ●National Institute for Disability, Independent Living, and Rehabilitation Research Notice of Proposed Rulemaking 
Abstract:

The proposed rule will amend subsection 24 of the National Institute for Disability, Independent Living and Rehabilitation Research (NIDILRR) regulation (45 CFR 1330.24), which would make revisions to advance equity in the peer review criteria that NIDILRR uses to evaluate disability research applications across all of its research programs, as well as emphasize the need for engineering research and development activities within NIDILRR’s Rehabilitation Engineering Research Centers (RERC) program.

 
Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 45 CFR 1330.24   
Legal Authority: 29 U.S.C. 29 - Labor    Chapter 16 - Vocational Rehabilitation and Other Rehabilitation Services Subchapter II - Research and Training    sec. 762 - National Institute on Disability, Independent Living, and Rehabilitation Research   
Legal Deadline:  None

Statement of Need:

There is a need for increased representation of people with disabilities among the research teams of NIDILRR grantees to help ensure rigor and relevance of sponsored research. There is a separate need for increased emphasis on engineering R&D in NIDILRR’s Rehabilitation Engineering Research Centers program.

Summary of the Legal Basis:

(1) An update of 45 CFR 1330.24 will strengthen NIDILRR’s ability to meet goals described in the Executive Orders on Advancing Equity. Updating this regulation will also better address one of NIDILRR’s core statutory purposes: to increase opportunities for researchers who are members of traditionally underserved populations, including researchers who are members of minority groups and researchers who are individuals with disabilities (29 U.S.C. 760(7)). (2) NIDILRR’s statute calls for a Rehabilitation Engineering Research Centers program (29 U.S.C. 764(b)(3)(A)), but related peer review criteria in 45 CFR 1330.24 do not currently emphasize the importance of engineering Research & Development methods.

Alternatives:

None

Anticipated Costs and Benefits:

ACL anticipates little to no cost associated with this refinement of existing regulation. The benefits include the potential for greater representation of people with disabilities and other underrepresented populations among NIDILRR-sponsored researchers. The regulation update also will incite grantees of the NIDILRR Rehabilitation Engineering Research Centers program to include engineering Research & Development methods in their funded research projects.

Risks:

NIDILRR is addressing significant risks that (1) The research it sponsors may not address the needs and experiences of the full diversity of people with disabilities, and (2) NIDILRR Rehabilitation Engineering Research Centers are not optimally emphasizing engineering R&D methods.

Timetable:
Action Date FR Cite
NPRM  04/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Richard Nicholls
Chief of Staff and Executive Secretary
Department of Health and Human Services
Administration for Community Living
330 C Street SW, Room 1004B,
Washington, DC 20201
Phone:202 795-7415
Fax:202 205-0399
Email: rick.nicholls@acl.hhs.gov