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6322 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations§ 361.35 Strategic planComments: Two commenters opposedthe requirement that the strategic planbe submitted as a supplement to theState plan.Discussion: Section 120 of the Actrequires that each State develop astrategic plan for developing,expanding, and improving VR servicesand submit the plan to RSA. In addition,section 101(a)(34)(A) of the Act requiresthat the State plan include an assurancethat the State has developed andimplemented a strategic plan. Thestatute, however, does not authorize theSecretary to approve or disapprove thestrategic plan. Consistent with theserequirements, the Secretary does notconsider the strategic plan to be part ofthe State plan that is subject to theapproval of the Secretary, but isrequiring the DSU to submit thestrategic plan and the State plan at thesame time for purposes ofadministrative efficiency.Changes: The Secretary has amended§ 361.35(b) to require that the DSUsubmit the strategic plan at the sametime that it submits the State plan.§ 361.37 Establishment andmaintenance of information and referralprogramsComments: The majority ofcommenters on this section of theproposed regulations supported the newprovision that would authorize Stateunits operating under an order ofselection to establish an expandedinformation and referral program foreligible individuals who do not meet theorder of selection criteria for receivingVR services. Some commenters did seekadditional clarification as to whethercounseling and guidance services areauthorized or whether an IWRP is to bedeveloped for individuals served underthe expanded program. One commenterrequested that the Secretary define theterm ‘‘referral for job placement.’’ Othercommenters requested that DSUs bepermitted to count as successfuloutcomes those individuals who obtainemployment following a referral by theDSU. A limited number of commentersbelieved the expanded program to beinconsistent with the order of selectionrequirements in the Act.Discussion: The expandedinformation and referral programauthorized in this section is intended toaddress the concerns of some State unitsoperating under an order of selection.These State units believe they should bepermitted to provide limited nonpurchasedservices to eligibleindividuals who do not qualify forservices under the State unit’s prioritycategories. An order of selection isrequired under section 101(a)(5)(A) ofthe Act if a State unit determines thatit is unable to provide services to alleligible individuals. Authorization of anexpanded information and referralprogram under this section is consistentwith the Act as long as the DSU, incarrying out the expanded program,does not use funds needed to provideVR services to eligible individuals whoare able to be served under the Stateunit’s order of selection. An assuranceto this effect is a key condition tooperating an expanded program. Inaddition, the Secretary expects a DSU toexpend a limited level of resources (e.g.,staff time and equipment) in support ofits referral program. For example, a DSUstaff member can administer theexpanded program only to extent thatthe staff person is not needed to provideVR services to eligible individuals whoqualify for services. This limitedcommitment of resources must bereflected in the DSU’s description of itsprogram under paragraph (c)(2) of thissection.The Secretary agrees that it isappropriate to provide counseling andguidance services under the expandedreferral program. Authorization of theseservices further distinguishes theexpanded program from the generalinformation and referral functionsperformed by the DSU for anyindividual with a disability. However,DSUs are not expected to developIWRPs for eligible individuals receivingexpanded information and referralservices since these individuals do notmeet the DSU’s criteria for receivingservices under its order of selection and,therefore, cannot receive the full rangeof services under section 103(a) of theAct to address their rehabilitationneeds.The Secretary believes that the term‘‘referral for job placement’’ is selfexplanatory.The expanded programauthorizes DSUs to refer individuals tovarious public and private placementagencies in the community that may beable to assist the individual in obtainingemployment.Although the proposed regulationshad required DSUs to track the resultsof its expanded information and referralprogram, the final regulations make thisa State option. For those DSUs thatchoose to track and report onindividuals who obtain employmentfollowing their participation in theexpanded information and referralprogram, the final regulations requirethat the DSU report to RSA the numberof individuals served and the numberwho obtain employment. However, theSecretary emphasizes that the number ofindividuals who are assisted, in part,under the expanded information andreferral program and who subsequentlyobtain employment must be identifiedseparately from those individuals whoreceive full services under an IWRP andachieve an employment outcome underthe VR program. Individuals who obtainemployment following their receipt oflimited counseling, guidance, andreferral services through the expandedprogram are not considered to haveachieved an employment outcomeunder § 361.56 of the regulations.Changes: The Secretary has revised§ 361.37(c) to authorize counseling andguidance services under the DSU’sexpanded information and referralprogram. In addition, paragraph (c) ofthis section has been amended to givethe DSU the discretion to determinewhether to track the results of itsexpanded information and referralprogram.§ 361.38 Protection, use, and release ofpersonal informationComments: One commenterquestioned whether the regulationsauthorize the release of personalinformation to the State RehabilitationAdvisory Council for purposes ofevaluating program effectiveness andconsumer satisfaction. Othercommenters stated that this sectionshould permit applicants or eligibleindividuals to examine, as well asreceive copies of, the information intheir record of services.Some commenters argued thatdeterminations as to whetherinformation is harmful under paragraph(c)(2) of this section should be made byobjective third parties rather than DSUs.These commenters were concerned thata conservative interpretation of the term‘‘harmful’’ by a State unit would resultin limited access to importantinformation.Additional commenters requested thatapplicants and eligible individuals begiven unrestricted access to personalinformation obtained by the DSU fromother agencies and organizations. Othercommenters sought authorization in thissection for the removal of inaccurate ormisleading information from the recordof services. Finally, some commentersrequested clarification of the term‘‘judicial officer’’ in paragraph (e)(4) ofthis section, which is used inconnection with the release ofinformation in response to a judicialorder.Discussion: Paragraph (d) of thissection authorizes the release ofpersonal information to entities thatevaluate the VR program as long as theevaluation is directly related to the