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delete PART 390—REHABILITATION SHORT-TERM TRAINING 34-CFR-390 · 2016
Summary

Federal grant program providing funding for short-term training and technical instruction in vocational, medical, social, and psychological rehabilitation programs, independent living services, and client assistance programs. Eligible entities include state and nonprofit rehabilitation agencies. Grants require cost-sharing and cover trainee expenses like per diem, travel, and registration fees, but not general training material preparation unless essential to the specific course.

Reason

Constitutional federalism violation: rehabilitation training is a state/local function. Federal grants create bureaucratic overhead, distort training markets, and impose one-size-fits-all requirements. States, localities, private providers, and charities can fund and deliver this training more efficiently without federal administrative burdens and mission creep.

delete PART 387—INNOVATIVE REHABILITATION TRAINING 34-CFR-387 · 2016
Summary

A federal grant program funding innovative training for rehabilitation personnel, including curriculum development and student support (stipends, tuition, travel), aimed at improving vocational rehabilitation services for individuals with disabilities.

Reason

Constitutional federalism violation: workforce training and education are reserved to the states under the Tenth Amendment. This program imposes a hidden tax of millions annually to fund training that should be financed by tuition, scholarships, or state vocational programs. It distorts the rehabilitation services market by subsidizing certain training approaches over others, creating barriers for private training providers not favored by bureaucratic selection criteria. The revolving door between agencies and rehabilitation industry players risks regulatory capture, with funds flowing to incumbents rather than innovative solutions. Small rehabilitation agencies must compete with grant-funded entities receiving unfair advantages. The administrative apparatus enforcing 34 CFR parts 385 and 387 adds layers of compliance costs without demonstrable improvement over market-driven training alternatives.

delete PART 386—REHABILITATION TRAINING: REHABILITATION LONG-TERM TRAINING 34-CFR-386 · 2016
Summary

The Rehabilitation Long-Term Training program provides federal grants to educational institutions for scholarships to students pursuing degrees or certificates in rehabilitation fields (vocational counseling, physical therapy, occupational therapy, etc.). In exchange, graduates must work for at least 2 years per scholarship year in a state vocational rehabilitation agency or related nonprofit/public agency, with extensive tracking, reporting, and repayment provisions if obligations aren't met.

Reason

This program unconstitutionally federalizes what is fundamentally a state concern—training individuals for state-run vocational rehabilitation programs—violating Tenth Amendment principles of federalism. The employment mandate artificially steers graduates into government service, distorting the rehabilitation labor market and crowding out private-sector solutions. States are perfectly capable of addressing their own workforce shortages through targeted incentives, licensing reforms, or their own scholarship programs, without the extensive federal bureaucracy, tracking requirements, and compliance burdens that waste taxpayer dollars and reduce individual liberty. The hidden costs include reduced innovation, restricted graduate career choices, and perpetuation of dependency on Washington.

delete PART 385—REHABILITATION TRAINING 34-CFR-385 · 2016
Summary

The Rehabilitation Training program provides federal grants to states, nonprofits, and educational institutions to train rehabilitation professionals, counselors, and interpreters serving individuals with disabilities. It funds long-term, short-term, and innovative training programs with extensive administrative requirements under EDGAR and mandates training on specific federal statutes and services.

Reason

Federal intervention distorts the market for rehabilitation training by crowding out private, state, and local solutions that could better respond to actual demand. The program imposes significant hidden compliance costs on grantees—administrative overhead, reporting burdens, and federal mandates—diverting resources from direct service. Training priorities set by Washington cannot replicate the local knowledge needed to address diverse community needs, creating misallocation and dependency rather than efficient workforce development.

delete PART 381—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS 34-CFR-381 · 2016
Summary

Federal grant program funding state protection and advocacy systems for individuals with disabilities not covered by other federal programs. Defines eligibility criteria, funding allocation based on appropriation levels, allowable activities (legal advocacy, referrals, coordination), extensive reporting requirements, and administrative compliance mechanisms.

Reason

Creates expensive federal bureaucracy with high compliance costs; violates Tenth Amendment by federalizing disability advocacy properly handled by states and private charities; hidden tax burden exceeds $14,000 per household annually; crowds out market-based solutions and private litigation; regulatory capture risks entrenching advocacy industry; unseen costs include dependency creation and distorted incentives away from family/community-based care.

delete PART 373—REHABILITATION NATIONAL ACTIVITIES PROGRAM 34-CFR-373 · 2016
Summary

This rule governs a federal grant program under the Rehabilitation Act, awarding competitive funds to state vocational agencies, community rehab programs, Indian tribes, nonprofits, and some for-profits to expand vocational rehabilitation services for individuals with disabilities. It defines eligibility, incorporates numerous EDGAR and other CFR regulations, specifies project types (service delivery, research, technical assistance, etc.), sets priorities (e.g., supported employment, youth transition), outlines selection criteria, imposes up to 10% matching requirements, mandates extensive reporting, and includes confidentiality provisions.

Reason

The program violates constitutional federalism by federalizing services that properly belong to states and private actors under the Tenth Amendment. Its labyrinthine administrative requirements (over 10 CFR parts) impose massive compliance costs—a hidden tax that distorts incentives toward grantmanship over effective outcomes. Centralized planning from Washington cannotPossess the dispersed knowledge needed to allocate resources efficiently for individualized rehabilitation, leading to misallocation and one-size-fits-all solutions. The unseen effects include crowding out state/local initiatives and private charities, creating dependency on federal funding, and stifling innovation and competition that would better serve individuals with disabilities in a free market.

keep PART 371—AMERICAN INDIAN VOCATIONAL REHABILITATION SERVICES 34-CFR-371 · 2016
Summary

The American Indian Vocational Rehabilitation Services program provides federal grants exclusively to Indian tribes and tribal organizations to deliver vocational rehabilitation services to American Indians with disabilities residing on or near reservations. The regulation establishes detailed eligibility requirements, extensive definitions of services (including assessment, training, supported employment, transition services, etc.), application procedures, and administrative requirements. Services are tailored through individualized plans for employment and include culturally appropriate practices, including traditional native healing.

Reason

This program serves a historically disadvantaged population with unique circumstances under federal trust responsibilities. The market fails to adequately provide rehabilitation services to this geographically isolated and economically vulnerable group. While regulatory costs exist, the program promotes self-sufficiency through employment and respects tribal sovereignty by channeling funds through tribal governments—a constitutionally permissible application of federal power that addresses genuine needs without creating broader market distortions or crowding out private provision that would not otherwise serve this population.

delete PART 370—CLIENT ASSISTANCE PROGRAM 34-CFR-370 · 2016
Summary

This regulation establishes Client Assistance Programs (CAPs) within states to inform, advise, and advocate for individuals with disabilities regarding vocational rehabilitation services under the Rehabilitation Act and ADA. It mandates that each state's governor designate an independent agency to run the program, sets eligibility criteria for clients, outlines allowable fund uses (including legal advocacy), and establishes extensive administrative procedures for redesignation, appeals, reporting, and conflicts of interest.

Reason

This program duplicates functions that states, private disability rights organizations, and the legal system already perform. It creates a federal bureaucracy with extensive administrative overhead to advocate for a single special interest group, violating the principle of equal protection under law. The $14M+ annual appropriation could be eliminated without affecting anyone's substantive rights, as individuals retain access to courts, private advocates, and state-level consumer assistance programs. The federal role in funding disability advocacy exceeds enumerated powers and encroaches on states' Tenth Amendment authority over health and human services.

delete PART 367—INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND 34-CFR-367 · 2016
Summary

This federal grant program provides independent living services to older individuals who are blind (age 55+) through designated state agencies. Services include visual screening, eyeglasses, mobility training, Braille instruction, reader services, transportation, counseling, housing assistance, and peer support. The program requires a 1:9 federal-to-state matching ratio, with funding allocated either competitively (under $13M appropriation) or by formula (over $13M). Extensive administrative requirements under EDGAR govern applications, reporting, confidentiality, and financial management.

Reason

This program represents federal overreach into an area properly reserved to states under the Tenth Amendment. The $2 trillion regulatory burden includes programs like this that crowd out private charity and state/local solutions. The complex matching requirements and EDGAR compliance impose massive hidden costs on state agencies and taxpayers while creating barriers for smaller community organizations. Arbitrary eligibility criteria (age 55+ blindness) excludes equally deserving populations and distorts resource allocation by political classification rather than need. Federal administration diverts resources from direct services, and the program perpetuates dependency rather than fostering market-based solutions that would emerge if government withdrew. The knowledge problem prevents Washington bureaucrats from efficiently judging local needs or outcomes.

delete PART 363—THE STATE SUPPORTED EMPLOYMENT SERVICES PROGRAM 34-CFR-363 · 2016
Summary

Federal grant program to states for supported employment services targeting individuals with most significant disabilities, requiring state matching funds and extensive administrative compliance.

Reason

Federal overreach into state/local domain; high administrative burden distorts labor markets, crowds out private/charitable solutions, and creates dependency on government rather than empowering families and community-based providers to address these needs voluntarily. The unseen cost is perpetual bureaucratic expansion and reduced societal resilience.

delete PART 361—STATE VOCATIONAL REHABILITATION SERVICES PROGRAM 34-CFR-361 · 2016
Summary

This regulation implements the State Vocational Rehabilitation Services Program, providing federal grants to states for comprehensive vocational rehabilitation programs serving individuals with disabilities. It defines extensive terms and administrative requirements, mandating compliance with EDGAR and OMB guidelines. The program aims to help individuals with disabilities achieve competitive integrated employment through individualized plans and various support services.

Reason

The program imposes significant compliance costs on states and providers through extensive administrative requirements and complex definitions. It distorts the rehabilitation services market, creates barriers to entry, and contributes to the $2 trillion annual regulatory burden on Americans. Federal involvement violates constitutional federalism by usurping state and local authority over disability services, which could be delivered more efficiently through state programs, private charities, and market solutions without the hidden tax burden.

delete PART 280—MAGNET SCHOOLS ASSISTANCE PROGRAM 34-CFR-280 · 2016
Summary

The Magnet Schools Assistance Program provides federal grants to local educational agencies for magnet schools that are part of court-ordered or approved voluntary desegregation plans. The program aims to reduce minority group isolation, promote diversity, improve academic achievement, and develop innovative educational programs. It includes extensive eligibility requirements, application procedures, use restrictions, and selection criteria.

Reason

This program represents unconstitutional federal overreach into local education, creating a $2+ trillion regulatory burden pattern replicated here. It violates Tenth Amendment federalism by federalizing education policy traditionally reserved to states. The compliance costs and bureaucratic overhead divert resources from actual education while distorting market incentives through centralized planning. The program institutionalizes racial considerations in student assignments and creates dependency on federal funding with strings attached. The same goals could be achieved more efficiently through state-level innovation, charter schools, or education savings accounts without the unseen costs of reduced local control, administrative burden, and race-based categorization of students.

delete PART 270—EQUITY ASSISTANCE CENTER PROGRAM 34-CFR-270 · 2016
Summary

Federal grant program funding regional Equity Assistance Centers to provide technical assistance and training to school boards and governmental agencies on desegregation planning and implementation for race, sex, national origin, and religion, upon request.

Reason

Education is a state and local responsibility under the Tenth Amendment. This federal program creates unnecessary bureaucracy, fosters dependency, and could be replaced by state initiatives or private technical assistance if needed, expanding government beyond its proper constitutional role.

keep PART 4—SERVICE OF PROCESS 34-CFR-4 · 2016
Summary

Specifies that legal process intended for the Secretary of Education must be delivered to the General Counsel or Deputy General Counsel at a designated address in Washington, DC, and authorizes those individuals to accept service.

Reason

Deletion would create legal uncertainty about proper service of process on a federal official, potentially undermining due process and causing procedural delays. This minimal administrative rule provides clarity without imposing any economic burden on citizens or businesses.

keep PART 338—OTHER CORPS ACTIVITIES INVOLVING THE DISCHARGE OF DREDGED MATERIAL OR FILL INTO WATERS OF THE U.S. 33-CFR-338 · 2016
Summary

Sets procedures for Army Corps of Engineers district engineers when conducting operations and maintenance that involve discharge of fill material into U.S. waters, including use of Clean Water Act exemptions, public notices, water quality certifications, and NEPA compliance.

Reason

Without these procedures, Corps activities could cause avoidable environmental harm to wetlands and waterways, imposing costs on property owners and the public; the regulation ensures compliance in a streamlined manner using exemptions and categorical exclusions to minimize administrative burden.