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6336 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations(i) Provided or paid for, in whole orin part, by other Federal, State, or localpublic agencies, by health insurance, orby employee benefits;(ii) Available to the individual at thetime needed to achieve the intermediaterehabilitation objectives in theindividual’s Individualized WrittenRehabilitation Program (IWRP) inaccordance with § 361.53; and(iii) Commensurate to the servicesthat the individual would otherwisereceive from the vocationalrehabilitation agency.(Authority: Sec. 12(c) and 101(a)(8) of theAct; 29 U.S.C. 711(c) and 721(a)(8))(10) Competitive employment meanswork(i) In the competitive labor marketthat is performed on a full-time or parttimebasis in an integrated setting; and(ii) For which an individual iscompensated at or above the minimumwage, but not less than the customarywage and level of benefits paid by theemployer for the same or similar workperformed by individuals who are notdisabled.(Authority: Sec. 7(5), 7(18), and 12(c) of theAct; 29 U.S.C. 706(5), 706(18), and 711(c))(11) Construction of a facility for apublic or nonprofit communityrehabilitation program means—(i) The acquisition of land inconnection with the construction of anew building for a communityrehabilitation program;(ii) The acquisition of existingbuildings;(iii) The remodeling, alteration, orrenovation of existing buildings;(iv) The construction of new buildingsand expansion of existing buildings;(v) Architect’s fees, site surveys, andsoil investigation, if necessary, inconnection with the constructionproject;(vi) The acquisition of initial fixed ormovable equipment of any new, newlyacquired, newly expanded, newlyremodeled, newly altered, or newlyrenovated buildings that are to be usedfor community rehabilitation programpurposes; and(vii) Other direct expendituresappropriate to the construction project,except costs of off-site improvements.(Authority: Sec. 7(1) and 12(c) of the Act; 29U.S.C. 706(1) and 711(c))(12) Designated State agency or Stateagency means the sole State agency,designated in accordance with§ 361.13(a), to administer, or superviselocal administration of, the State planfor vocational rehabilitation services.The term includes the State agency forindividuals who are blind, if designatedas the sole State agency with respect tothat part of the plan relating to thevocational rehabilitation of individualswho are blind.(Authority: Sec. 7(3)(A) and 101(a)(1)(A) ofthe Act; 29 U.S.C. 706(3)(A) and 721(a)(1)(A))(13) Designated State unit or Stateunit means either—(i) The State agency vocationalrehabilitation bureau, division, or otherorganizational unit that is primarilyconcerned with vocationalrehabilitation or vocational and otherrehabilitation of individuals withdisabilities and that is responsible forthe administration of the vocationalrehabilitation program of the Stateagency, as required under § 361.13(b); or(ii) The independent Statecommission, board, or other agency thathas vocational rehabilitation, orvocational and other rehabilitation, asits primary function.(Authority: Sec. 7(3)(B) and 101(a)(2)(A) ofthe Act; 29 U.S.C. 706(3)(B) and 721(a)(2)(A))(14) Eligible individual means anapplicant for vocational rehabilitationservices who meets the eligibilityrequirements of § 361.42(a).(Authority: Sec. 7(8)(a) and 102(a)(1) of theAct; 29 U.S.C. 706(8) and 722(a)(1))(15) Employment outcome means,with respect to an individual, enteringor retaining full-time or, if appropriate,part-time competitive employment inthe integrated labor market to thegreatest extent practicable; supportedemployment; or any other type ofemployment that is consistent with anindividual’s strengths, resources,priorities, concerns, abilities,capabilities, interests, and informedchoice.(Authority: Sec. 7(5), 12(c), 100(a)(2), and102(b)(1)(B)(i) of the Act; 29 U.S.C. 706(5),711(c), 720(a)(2), and 722(b)(1)(B)(i))(16) Establishment, development, orimprovement of a public or nonprofitcommunity rehabilitation programmeans—(i) The establishment of a facility fora public or nonprofit communityrehabilitation program as defined inparagraph (b)(17) of this section toprovide vocational rehabilitationservices to applicants or eligibleindividuals;(ii) Staffing, if necessary to establish,develop, or improve a communityrehabilitation program for the purposeof providing vocational rehabilitationservices to applicants or eligibleindividuals, for a maximum period offour years, with Federal financialparticipation available at the applicablematching rate for the following levels ofstaffing costs:(A) 100 percent of staffing costs forthe first year.(B) 75 percent of staffing costs for thesecond year.(C) 60 percent of staffing costs for thethird year.(D) 45 percent of staffing costs for thefourth year; and(iii) Other expenditures related to theestablishment, development, orimprovement of a communityrehabilitation program that arenecessary to make the programfunctional or increase its effectivenessin providing vocational rehabilitationservices to applicants or eligibleindividuals, but are not ongoingoperating expenses of the program.(Authority: Secs. 7(6) and 12(c) of the Act; 29U.S.C. 706(6) and 711(c))(17) Establishment of a facility for apublic or nonprofit communityrehabilitation program means—(i) The acquisition of an existingbuilding, and if necessary the land inconnection with the acquisition, if thebuilding has been completed in allrespects for at least one year prior to thedate of acquisition and the Federal shareof the cost of the acquisition is not morethan $300,000;(ii) The remodeling or alteration of anexisting building, provided theestimated cost of remodeling oralteration does not exceed the appraisedvalue of the existing building;(iii) The expansion of an existingbuilding, provided that—(A) The existing building is completein all respects;(B) The total size in square footage ofthe expanded building, notwithstandingthe number of expansions, is not greaterthan twice the size of the existingbuilding;(C) The expansion is joinedstructurally to the existing building anddoes not constitute a separate building;and(D) The costs of the expansion do notexceed the appraised value of theexisting building;(iv) Architect’s fees, site survey, andsoil investigation, if necessary inconnection with the acquisition,remodeling, alteration, or expansion ofan existing building; and(v) The acquisition of fixed ormovable equipment, including the costsof installation of the equipment, ifnecessary to establish, develop, orimprove a community rehabilitationprogram;(Authority: Sec. 12(c) of the Act; 29 U.S.C.711(c))(18) Extended employment meanswork in a non-integrated or shelteredsetting for a public or private nonprofit