US (United States) Code. Title 29. Chapter 31: Assistive technology for individuals with disabilities

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Labor

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-CITE-

29 USC CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS

WITH DISABILITIES 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

-HEAD-

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

-MISC1-

Sec.

3001. Findings and purposes.

(a) Findings.

(b) Purposes.

3002. Definitions and rule.

(a) Definitions.

(b) References.

SUBCHAPTER I - STATE GRANT PROGRAMS

3011. Continuity grants for States that received funding for

a limited period for technology-related assistance.

(a) Grants to States.

(b) Use of funds.

(c) Amount of financial assistance.

(d) Lead agency.

(e) Application supplement.

(f) Extension of funding.

3012. State grants for protection and advocacy related to

assistive technology.

(a) Grants to States.

(b) Amount of financial assistance.

(c) Report to Secretary.

(d) Reports and updates to State agencies.

(e) Coordination.

3013. Administrative provisions.

(a) Review of participating entities.

(b) Corrective action and sanctions.

(c) Annual report.

(d) Effect on other assistance.

3014. Technical assistance program.

(a) In general.

(b) Input.

(c) Scope of technical assistance.

(d) Eligible entities.

(e) Application.

3015. Authorization of appropriations.

(a) In general.

(b) Reservations of funds.

SUBCHAPTER II - NATIONAL ACTIVITIES

3031. Small business incentives.

(a) Definition.

(b) Contracts for design, development, and

marketing.

(c) Grants for evaluation and dissemination of

information on effects of technology transfer.

3032. Technology transfer and universal design.

(a) In general.

(b) Collaboration.

(c) Grants, contracts, and cooperative agreements.

3033. Universal design in products and the built

environment.

3034. Outreach.

(a) Assistive technology in rural or impoverished

urban areas.

(b) Assistive technology for children and older

individuals.

3035. Training pertaining to rehabilitation engineers and

technicians.

(a) Grants and contracts.

(b) Activities.

3036. President's Committee on Employment of People With

Disabilities.

(a) Programs.

(b) Activities.

(c) Coordination.

(d) Technical assistance.

(e) Definition.

3037. Authorization of appropriations.

SUBCHAPTER III - ALTERNATIVE FINANCING MECHANISMS

3051. General authority.

(a) In general.

(b) Mechanisms.

(c) Requirements.

(d) Federal share.

(e) Construction.

3052. Amount of grants.

(a) In general.

(b) Insufficient funds.

(c) Definitions.

3053. Applications and procedures.

(a) Eligibility.

(b) Application.

(c) Limit.

3054. Contracts with community-based organizations.

(a) In general.

(b) Provisions.

3055. Grant administration requirements.

3056. Information and technical assistance.

(a) In general.

(b) Grants, contracts, and cooperative agreements.

3057. Annual report.

3058. Authorization of appropriations.

(a) In general.

(b) Reservation.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 764, 794e of this title.

-End-

-CITE-

29 USC Sec. 3001 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

-HEAD-

Sec. 3001. Findings and purposes

-STATUTE-

(a) Findings

Congress finds the following:

(1) Disability is a natural part of the human experience and in

no way diminishes the right of individuals to -

(A) live independently;

(B) enjoy self-determination and make choices;

(C) benefit from an education;

(D) pursue meaningful careers; and

(E) enjoy full inclusion and integration in the economic,

political, social, cultural, and educational mainstream of

society in the United States.

(2) Technology has become one of the primary engines for

economic activity, education, and innovation in the Nation, and

throughout the world. The commitment of the United States to the

development and utilization of technology is one of the main

factors underlying the strength and vibrancy of the economy of

the United States.

(3) As technology has come to play an increasingly important

role in the lives of all persons in the United States, in the

conduct of business, in the functioning of government, in the

fostering of communication, in the conduct of commerce, and in

the provision of education, its impact upon the lives of the more

than 50,000,000 individuals with disabilities in the United

States has been comparable to its impact upon the remainder of

the citizens of the United States. Any development in mainstream

technology would have profound implications for individuals with

disabilities in the United States.

(4) Substantial progress has been made in the development of

assistive technology devices, including adaptations to existing

devices that facilitate activities of daily living, that

significantly benefit individuals with disabilities of all ages.

Such devices and adaptations increase the involvement of such

individuals in, and reduce expenditures associated with, programs

and activities such as early intervention, education,

rehabilitation and training, employment, residential living,

independent living, and recreation programs and activities, and

other aspects of daily living.

(5) All States have comprehensive statewide programs of

technology-related assistance. Federal support for such programs

should continue, strengthening the capacity of each State to

assist individuals with disabilities of all ages with their

assistive technology needs.

(6) Notwithstanding the efforts of such State programs, there

is still a lack of -

(A) resources to pay for assistive technology devices and

assistive technology services;

(B) trained personnel to assist individuals with disabilities

to use such devices and services;

(C) information among targeted individuals about the

availability and potential benefit of technology for

individuals with disabilities;

(D) outreach to underrepresented populations and rural

populations;

(E) systems that ensure timely acquisition and delivery of

assistive technology devices and assistive technology services;

(F) coordination among State human services programs, and

between such programs and private entities, particularly with

respect to transitions between such programs and entities; and

(G) capacity in such programs to provide the necessary

technology-related assistance.

(7) In the current technological environment, the line of

demarcation between assistive technology and mainstream

technology is becoming ever more difficult to draw.

(8) Many individuals with disabilities cannot access existing

telecommunications and information technologies and are at risk

of not being able to access developing technologies. The failure

of Federal and State governments, hardware manufacturers,

software designers, information systems managers, and

telecommunications service providers to account for the specific

needs of individuals with disabilities in the design,

manufacture, and procurement of telecommunications and

information technologies results in the exclusion of such

individuals from the use of telecommunications and information

technologies and results in unnecessary costs associated with the

retrofitting of devices and product systems.

(9) There are insufficient incentives for Federal contractors

and other manufacturers of technology to address the application

of technology advances to meet the needs of individuals with

disabilities of all ages for assistive technology devices and

assistive technology services.

(10) The use of universal design principles reduces the need

for many specific kinds of assistive technology devices and

assistive technology services by building in accommodations for

individuals with disabilities before rather than after

production. The use of universal design principles also increases

the likelihood that products (including services) will be

compatible with existing assistive technologies. These principles

are increasingly important to enhance access to information

technology, telecommunications, transportation, physical

structures, and consumer products. There are insufficient

incentives for commercial manufacturers to incorporate universal

design principles into the design and manufacturing of technology

products, including devices of daily living, that could expand

their immediate use by individuals with disabilities of all ages.

(11) There are insufficient incentives for commercial pursuit

of the application of technology devices to meet the needs of

individuals with disabilities, because of the perception that

such individuals constitute a limited market.

(12) At the Federal level, the Federal Laboratories, the

National Aeronautics and Space Administration, and other similar

entities do not recognize the value of, or commit resources on an

ongoing basis to, technology transfer initiatives that would

benefit, and especially increase the independence of, individuals

with disabilities.

(13) At the Federal level, there is a lack of coordination

among agencies that provide or pay for the provision of assistive

technology devices and assistive technology services. In

addition, the Federal Government does not provide adequate

assistance and information with respect to the quality and use of

assistive technology devices and assistive technology services to

targeted individuals.

(14) There are changes in the delivery of assistive technology

devices and assistive technology services, including -

(A) the impact of the increased prevalence of managed care

entities as payors for assistive technology devices and

assistive technology services;

(B) an increased focus on universal design;

(C) the increased importance of assistive technology in

employment, as more individuals with disabilities move from

public assistance to work through training and on-the-job

accommodations;

(D) the role and impact that new technologies have on how

individuals with disabilities will learn about, access, and

participate in programs or services that will affect their

lives; and

(E) the increased role that telecommunications play in

education, employment, health care, and social activities.

(b) Purposes

The purposes of this chapter are -

(1) to provide financial assistance to States to undertake

activities that assist each State in maintaining and

strengthening a permanent comprehensive statewide program of

technology-related assistance, for individuals with disabilities

of all ages, that is designed to -

(A) increase the availability of, funding for, access to, and

provision of, assistive technology devices and assistive

technology services;

(B) increase the active involvement of individuals with

disabilities and their family members, guardians, advocates,

and authorized representatives, in the maintenance,

improvement, and evaluation of such a program;

(C) increase the involvement of individuals with disabilities

and, if appropriate, their family members, guardians,

advocates, and authorized representatives, in decisions related

to the provision of assistive technology devices and assistive

technology services;

(D) increase the provision of outreach to underrepresented

populations and rural populations, to enable the two

populations to enjoy the benefits of activities carried out

under this chapter to the same extent as other populations;

(E) increase and promote coordination among State agencies,

between State and local agencies, among local agencies, and

between State and local agencies and private entities (such as

managed care providers), that are involved or are eligible to

be involved in carrying out activities under this chapter;

(F)(i) increase the awareness of laws, regulations, policies,

practices, procedures, and organizational structures, that

facilitate the availability or provision of assistive

technology devices and assistive technology services; and

(ii) facilitate the change of laws, regulations, policies,

practices, procedures, and organizational structures, to obtain

increased availability or provision of assistive technology

devices and assistive technology services;

(G) increase the probability that individuals with

disabilities of all ages will, to the extent appropriate, be

able to secure and maintain possession of assistive technology

devices as such individuals make the transition between

services offered by human service agencies or between settings

of daily living (for example, between home and work);

(H) enhance the skills and competencies of individuals

involved in providing assistive technology devices and

assistive technology services;

(I) increase awareness and knowledge of the benefits of

assistive technology devices and assistive technology services

among targeted individuals;

(J) increase the awareness of the needs of individuals with

disabilities of all ages for assistive technology devices and

for assistive technology services; and

(K) increase the capacity of public agencies and private

entities to provide and pay for assistive technology devices

and assistive technology services on a statewide basis for

individuals with disabilities of all ages;

(2) to identify Federal policies that facilitate payment for

assistive technology devices and assistive technology services,

to identify those Federal policies that impede such payment, and

to eliminate inappropriate barriers to such payment; and

(3) to enhance the ability of the Federal Government to -

(A) provide States with financial assistance that supports -

(i) information and public awareness programs relating to

the provision of assistive technology devices and assistive

technology services;

(ii) improved interagency and public-private coordination,

especially through new and improved policies, that result in

increased availability of assistive technology devices and

assistive technology services; and

(iii) technical assistance and training in the provision or

use of assistive technology devices and assistive technology

services; and

(B) fund national, regional, State, and local targeted

initiatives that promote understanding of and access to

assistive technology devices and assistive technology services

for targeted individuals.

-SOURCE-

(Pub. L. 105-394, Sec. 2, Nov. 13, 1998, 112 Stat. 3628.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this Act", meaning Pub. L. 105-394, Nov. 13, 1998, 112 Stat. 3627,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note below

and Tables.

-MISC1-

SHORT TITLE

Pub. L. 105-394, Sec. 1(a), Nov. 13, 1998, 112 Stat. 3627,

provided that: "This Act [enacting this chapter, amending sections

705, 763, 764, 781, 792, 794b, and 794e of this title and section

3710 of Title 15, Commerce and Trade, and repealing chapter 24 of

this title] may be cited as the 'Assistive Technology Act of

1998'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3002, 3011, 3013 of this

title.

-End-

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29 USC Sec. 3002 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

-HEAD-

Sec. 3002. Definitions and rule

-STATUTE-

(a) Definitions

In this chapter:

(1) Advocacy services

The term "advocacy services", except as used as part of the

term "protection and advocacy services", means services provided

to assist individuals with disabilities and their family members,

guardians, advocates, and authorized representatives in accessing

assistive technology devices and assistive technology services.

(2) Assistive technology

The term "assistive technology" means technology designed to be

utilized in an assistive technology device or assistive

technology service.

(3) Assistive technology device

The term "assistive technology device" means any item, piece of

equipment, or product system, whether acquired commercially,

modified, or customized, that is used to increase, maintain, or

improve functional capabilities of individuals with disabilities.

(4) Assistive technology service

The term "assistive technology service" means any service that

directly assists an individual with a disability in the

selection, acquisition, or use of an assistive technology device.

Such term includes -

(A) the evaluation of the assistive technology needs of an

individual with a disability, including a functional evaluation

of the impact of the provision of appropriate assistive

technology and appropriate services to the individual in the

customary environment of the individual;

(B) services consisting of purchasing, leasing, or otherwise

providing for the acquisition of assistive technology devices

by individuals with disabilities;

(C) services consisting of selecting, designing, fitting,

customizing, adapting, applying, maintaining, repairing, or

replacing assistive technology devices;

(D) coordination and use of necessary therapies,

interventions, or services with assistive technology devices,

such as therapies, interventions, or services associated with

education and rehabilitation plans and programs;

(E) training or technical assistance for an individual with

disabilities, or, where appropriate, the family members,

guardians, advocates, or authorized representatives of such an

individual; and

(F) training or technical assistance for professionals

(including individuals providing education and rehabilitation

services), employers, or other individuals who provide services

to, employ, or are otherwise substantially involved in the

major life functions of individuals with disabilities.

(5) Capacity building and advocacy activities

The term "capacity building and advocacy activities" means

efforts that -

(A) result in laws, regulations, policies, practices,

procedures, or organizational structures that promote

consumer-responsive programs or entities; and

(B) facilitate and increase access to, provision of, and

funding for, assistive technology devices and assistive

technology services,

in order to empower individuals with disabilities to achieve

greater independence, productivity, and integration and inclusion

within the community and the workforce.

(6) Comprehensive statewide program of technology-related

assistance

The term "comprehensive statewide program of technology-related

assistance" means a consumer-responsive program of

technology-related assistance for individuals with disabilities,

implemented by a State, and equally available to all individuals

with disabilities residing in the State, regardless of their type

of disability, age, income level, or location of residence in the

State, or the type of assistive technology device or assistive

technology service required.

(7) Consumer-responsive

The term "consumer-responsive" -

(A) with regard to policies, means that the policies are

consistent with the principles of -

(i) respect for individual dignity, personal

responsibility, self-determination, and pursuit of meaningful

careers, based on informed choice, of individuals with

disabilities;

(ii) respect for the privacy, rights, and equal access

(including the use of accessible formats) of such

individuals;

(iii) inclusion, integration, and full participation of

such individuals in society;

(iv) support for the involvement in decisions of a family

member, a guardian, an advocate, or an authorized

representative, if an individual with a disability requests,

desires, or needs such involvement; and

(v) support for individual and systems advocacy and

community involvement; and

(B) with respect to an entity, program, or activity, means

that the entity, program, or activity -

(i) is easily accessible to, and usable by, individuals

with disabilities and, when appropriate, their family

members, guardians, advocates, or authorized representatives;

(ii) responds to the needs of individuals with disabilities

in a timely and appropriate manner; and

(iii) facilitates the full and meaningful participation of

individuals with disabilities (including individuals from

underrepresented populations and rural populations) and their

family members, guardians, advocates, and authorized

representatives, in -

(I) decisions relating to the provision of assistive

technology devices and assistive technology services to

such individuals; and

(II) decisions related to the maintenance, improvement,

and evaluation of the comprehensive statewide program of

technology-related assistance, including decisions that

affect advocacy, capacity building, and capacity building

and advocacy activities.

(8) Disability

The term "disability" means a condition of an individual that

is considered to be a disability or handicap for the purposes of

any Federal law other than this chapter or for the purposes of

the law of the State in which the individual resides.

(9) Individual with a disability; individuals with disabilities

(A) Individual with a disability

The term "individual with a disability" means any individual

of any age, race, or ethnicity -

(i) who has a disability; and

(ii) who is or would be enabled by an assistive technology

device or an assistive technology service to minimize

deterioration in functioning, to maintain a level of

functioning, or to achieve a greater level of functioning in

any major life activity.

(B) Individuals with disabilities

The term "individuals with disabilities" means more than one

individual with a disability.

(10) Institution of higher education

The term "institution of higher education" has the meaning

given such term in section 1141(a) (!1) of title 20, and includes

a community college receiving funding under the Tribally

Controlled Community College Assistance Act of 1978 (25 U.S.C.

1801 et seq.).

(11) Protection and advocacy services

The term "protection and advocacy services" means services that

-

(A) are described in subtitle C of the Developmental

Disabilities Assistance and Bill of Rights Act of 2000 [42

U.S.C. 15041 et seq.], the Protection and Advocacy for Mentally

Ill Individuals Act of 1986 (42 U.S.C. 10801 et seq.),(!1) or

section 794e of this title; and

(B) assist individuals with disabilities with respect to

assistive technology devices and assistive technology services.

(12) Secretary

The term "Secretary" means the Secretary of Education.

(13) State

(A) In general

Except as provided in subparagraph (B) and section 3052 of

this title, the term "State" means each of the several States

of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, the United States Virgin Islands,

Guam, American Samoa, and the Commonwealth of the Northern

Mariana Islands.

(B) Outlying areas

In sections 3011(c) and 3012(b) of this title:

(i) Outlying area

The term "outlying area" means the United States Virgin

Islands, Guam, American Samoa, and the Commonwealth of the

Northern Mariana Islands.

(ii) State

The term "State" does not include the United States Virgin

Islands, Guam, American Samoa, and the Commonwealth of the

Northern Mariana Islands.

(14) Targeted individuals

The term "targeted individuals" means -

(A) individuals with disabilities of all ages and their

family members, guardians, advocates, and authorized

representatives;

(B) individuals who work for public or private entities

(including insurers or managed care providers), that have

contact with individuals with disabilities;

(C) educators and related services personnel;

(D) technology experts (including engineers);

(E) health and allied health professionals;

(F) employers; and

(G) other appropriate individuals and entities.

(15) Technology-related assistance

The term "technology-related assistance" means assistance

provided through capacity building and advocacy activities that

accomplish the purposes described in any of subparagraphs (A)

through (K) of section 3001(b)(1) of this title.

(16) Underrepresented population

The term "underrepresented population" means a population that

is typically underrepresented in service provision, and includes

populations such as persons who have low-incidence disabilities,

persons who are minorities, poor persons, persons with

limited-English proficiency, older individuals, or persons from

rural areas.

(17) Universal design

The term "universal design" means a concept or philosophy for

designing and delivering products and services that are usable by

people with the widest possible range of functional capabilities,

which include products and services that are directly usable

(without requiring assistive technologies) and products and

services that are made usable with assistive technologies.

(b) References

References in this chapter to a provision of the

Technology-Related Assistance for Individuals With Disabilities Act

of 1988 shall be considered to be references to such provision as

in effect on the day before November 13, 1998.

-SOURCE-

(Pub. L. 105-394, Sec. 3, Nov. 13, 1998, 112 Stat. 3631; Pub. L.

106-402, title IV, Sec. 401(b)(4)(A), Oct. 30, 2000, 114 Stat.

1738.)

-REFTEXT-

REFERENCES IN TEXT

Section 1141(a) of title 20, referred to in subsec. (a)(10), was

repealed by Pub. L. 105-244, Sec. 3, title I, Sec. 101(b), title

VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1616, 1803, effective

Oct. 1, 1998. However, the term "institution of higher education"

is defined in section 1001 of Title 20, Education.

The Tribally Controlled Community College Assistance Act of 1978,

referred to in subsec. (a)(10), is Pub. L. 95-471, Oct. 17, 1978,

92 Stat. 1325, as amended, which is classified principally to

chapter 20 (Sec. 1801 et seq.) of Title 25, Indians. The Act was

renamed the Tribally Controlled College or University Assistance

Act of 1978 by Pub. L. 105-244, title IX, Sec. 901(b)(1), Oct. 7,

1998, 112 Stat. 1827. Section 901(d) of Pub. L. 105-244, set out as

a note under section 1801 of Title 25, provided that any reference

to a section or other provision of the Tribally Controlled

Community College Assistance Act of 1978 shall be deemed to be a

reference to the Tribally Controlled College or University

Assistance Act of 1978. For complete classification of this Act to

the Code, see Short Title note set out under section 1801 of Title

25 and Tables.

The Developmental Disabilities Assistance and Bill of Rights Act

of 2000, referred to in subsec. (a)(11)(A), is Pub. L. 106-402,

Oct. 30, 2000, 114 Stat. 1677. Subtitle C of the Act probably means

subtitle C of title I of the Act which is classified generally to

part C (Sec. 15041 et seq.) of subchapter I of chapter 144 of Title

42, The Public Health and Welfare. For complete classification of

this Act to the Code, see Short Title note set out under section

15001 of Title 42 and Tables.

The Protection and Advocacy for Mentally Ill Individuals Act of

1986, referred to in subsec. (a)(11)(A), was Pub. L. 99-319, May

23, 1986, 100 Stat. 478, as amended. Pub. L. 99-319 was renamed the

Protection and Advocacy for Individuals with Mental Illness Act by

Pub. L. 106-310, div. B, title XXXII, Sec. 3206(a), Oct. 17, 2000,

114 Stat. 1193, and is classified generally to chapter 114 (Sec.

10801 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 10801 of Title 42 and Tables.

The Technology-Related Assistance for Individuals With

Disabilities Act of 1988, referred to in subsec. (b), is Pub. L.

100-407, Aug. 19, 1988, 102 Stat. 1044, as amended, which was

classified generally to chapter 24 (Sec. 2201 et seq.) of this

title, prior to repeal by Pub. L. 105-394, title IV, Sec. 401, Nov.

13, 1998, 112 Stat. 3661.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(11)(A). Pub. L. 106-402 substituted "subtitle

C of the Developmental Disabilities Assistance and Bill of Rights

Act of 2000" for "part C of the Developmental Disabilities

Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 705, 763, 781, 792 of

this title; title 10 section 1582; title 15 section 3710.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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29 USC SUBCHAPTER I - STATE GRANT PROGRAMS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - STATE GRANT PROGRAMS

-HEAD-

SUBCHAPTER I - STATE GRANT PROGRAMS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3051 of this title.

-End-

-CITE-

29 USC Sec. 3011 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - STATE GRANT PROGRAMS

-HEAD-

Sec. 3011. Continuity grants for States that received funding for a

limited period for technology-related assistance

-STATUTE-

(a) Grants to States

(1) In general

The Secretary shall award grants, in accordance with this

section, to eligible States to support capacity building and

advocacy activities, designed to assist the States in maintaining

permanent comprehensive statewide programs of technology-related

assistance that accomplish the purposes described in section

3001(b)(1) of this title.

(2) Eligible States

To be eligible to receive a grant under this section a State

shall be a State that received grants for less than 10 years

under title I of the Technology-Related Assistance for

Individuals With Disabilities Act of 1988.

(b) Use of funds

(1) In general

Any State that receives a grant under this section shall use

the funds made available through the grant to carry out the

activities described in paragraph (2) and may use the funds to

carry out the activities described in paragraph (3).

(2) Required activities

(A) Public awareness program

(i) In general

The State shall support a public awareness program designed

to provide information to targeted individuals relating to

the availability and benefits of assistive technology devices

and assistive technology services.

(ii) Link

Such a public awareness program shall have an electronic

link to the National Public Internet Site authorized under

section 3014(c)(1) of this title.

(iii) Contents

The public awareness program may include -

(I) the development and dissemination of information

relating to -

(aa) the nature of assistive technology devices and

assistive technology services;

(bb) the appropriateness of, cost of, availability of,

evaluation of, and access to, assistive technology

devices and assistive technology services; and

(cc) the benefits of assistive technology devices and

assistive technology services with respect to enhancing

the capacity of individuals with disabilities of all ages

to perform activities of daily living;

(II) the development of procedures for providing direct

communication between providers of assistive technology and

targeted individuals; and

(III) the development and dissemination, to targeted

individuals, of information about State efforts related to

assistive technology.

(B) Interagency coordination

(i) In general

The State shall develop and promote the adoption of

policies that improve access to assistive technology devices

and assistive technology services for individuals with

disabilities of all ages in the State and that result in

improved coordination among public and private entities that

are responsible or have the authority to be responsible, for

policies, procedures, or funding for, or the provision of

assistive technology devices and assistive technology

services to, such individuals.

(ii) Appointment to certain information technology panels

The State shall appoint the director of the lead agency

described in subsection (d) of this section or the designee

of the director, to any committee, council, or similar

organization created by the State to assist the State in the

development of the information technology policy of the

State.

(iii) Coordination activities

The development and promotion described in clause (i) may

include support for -

(I) policies that result in improved coordination,

including coordination between public and private entities

-

(aa) in the application of Federal and State policies;

(bb) in the use of resources and services relating to

the provision of assistive technology devices and

assistive technology services, including the use of

interagency agreements; and

(cc) in the improvement of access to assistive

technology devices and assistive technology services for

individuals with disabilities of all ages in the State;

(II) convening interagency work groups, involving public

and private entities, to identify, create, or expand

funding options, and coordinate access to funding, for

assistive technology devices and assistive technology

services for individuals with disabilities of all ages; or

(III) documenting and disseminating information about

interagency activities that promote coordination, including

coordination between public and private entities, with

respect to assistive technology devices and assistive

technology services.

(C) Technical assistance and training

The State shall carry out directly, or provide support to

public or private entities to carry out, technical assistance

and training activities for targeted individuals, including -

(i) the development and implementation of laws,

regulations, policies, practices, procedures, or

organizational structures that promote access to assistive

technology devices and assistive technology services for

individuals with disabilities in education, health care,

employment, and community living contexts, and in other

contexts such as the use of telecommunications;

(ii)(I) the development of training materials and the

conduct of training in the use of assistive technology

devices and assistive technology services; and

(II) the provision of technical assistance, including

technical assistance concerning how -

(aa) to consider the needs of an individual with a

disability for assistive technology devices and assistive

technology services in developing any individualized plan

or program authorized under Federal or State law;

(bb) the rights of targeted individuals to assistive

technology devices and assistive technology services are

addressed under laws other than this chapter, to promote

fuller independence, productivity, and inclusion in and

integration into society of such individuals; or

(cc) to increase consumer participation in the

identification, planning, use, delivery, and evaluation of

assistive technology devices and assistive technology

services; and

(iii) the enhancement of the assistive technology skills

and competencies of -

(I) individuals who work for public or private entities

(including insurers and managed care providers), who have

contact with individuals with disabilities;

(II) educators and related services personnel;

(III) technology experts (including engineers);

(IV) health and allied health professionals;

(V) employers; and

(VI) other appropriate personnel.

(D) Outreach

The State shall provide support to statewide and

community-based organizations that provide assistive technology

devices and assistive technology services to individuals with

disabilities or that assist individuals with disabilities in

using assistive technology devices and assistive technology

services, including a focus on organizations assisting

individuals from underrepresented populations and rural

populations. Such support may include outreach to consumer

organizations and groups in the State to coordinate efforts to

assist individuals with disabilities of all ages and their

family members, guardians, advocates, or authorized

representatives, to obtain funding for, access to, and

information on evaluation of assistive technology devices and

assistive technology services.

(3) Discretionary activities

(A) Alternative State-financed systems

The State may support activities to increase access to, and

funding for, assistive technology devices and assistive

technology services, including -

(i) the development of systems that provide assistive

technology devices and assistive technology services to

individuals with disabilities of all ages, and that pay for

such devices and services, such as -

(I) the development of systems for the purchase, lease,

other acquisition, or payment for the provision, of

assistive technology devices and assistive technology

services; or

(II) the establishment of alternative State or privately

financed systems of subsidies for the provision of

assistive technology devices and assistive technology

services, such as -

(aa) a low-interest loan fund;

(bb) an interest buy-down program;

(cc) a revolving loan fund;

(dd) a loan guarantee or insurance program;

(ee) a program operated by a partnership among private

entities for the purchase, lease, or other acquisition of

assistive technology devices or assistive technology

services; or

(ff) another mechanism that meets the requirements of

subchapter III of this chapter and is approved by the

Secretary;

(ii) the short-term loan of assistive technology devices to

individuals, employers, public agencies, or public

accommodations seeking strategies to comply with the

Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et

seq.) and section 504 of the Rehabilitation Act of 1973 (29

U.S.C. 794); or

(iii) the maintenance of information about, and recycling

centers for, the redistribution of assistive technology

devices and equipment, which may include redistribution

through device and equipment loans, rentals, or gifts.

(B) Demonstrations

The State, in collaboration with other entities in

established, recognized community settings (such as nonprofit

organizations, libraries, schools, community-based employer

organizations, churches, and entities operating senior citizen

centers, shopping malls, and health clinics), may demonstrate

assistive technology devices in settings where targeted

individuals can see and try out assistive technology devices,

and learn more about the devices from personnel who are

familiar with such devices and their applications or can be

referred to other entities who have information on the devices.

(C) Options for securing devices and services

The State, through public agencies or nonprofit

organizations, may support assistance to individuals with

disabilities and their family members, guardians, advocates,

and authorized representatives about options for securing

assistive technology devices and assistive technology services

that would meet individual needs for such assistive technology

devices and assistive technology services. Such assistance

shall not include direct payment for an assistive technology

device.

(D) Technology-related information

(i) In general

The State may operate and expand a system for public access

to information concerning an activity carried out under

another paragraph of this subsection, including information

about assistive technology devices and assistive technology

services, funding sources and costs of such devices and

services, and individuals, organizations, and agencies

capable of carrying out such an activity for individuals with

disabilities. The system shall be part of, and complement the

information that is available through a link to, the National

Public Internet Site described in section 3014(c)(1) of this

title.

(ii) Access

Access to the system may be provided through

community-based locations, including public libraries,

centers for independent living (as defined in section 702 of

the Rehabilitation Act of 1973 [29 U.S.C. 796a]), locations

of community rehabilitation programs (as defined in section 7

of such Act [29 U.S.C. 705]), schools, senior citizen

centers, State vocational rehabilitation offices, other State

workforce offices, and other locations frequented or used by

the public.

(iii) Information collection and preparation

In operating or expanding a system described in

subparagraph (A), the State may -

(I) develop, compile, and categorize print, large print,

braille, audio, and video materials, computer disks,

compact discs (including compact discs formatted with

read-only memory), information in alternative formats that

can be used in telephone-based information systems, and

materials using such other media as technological

innovation may make appropriate;

(II) identify and classify funding sources for obtaining

assistive technology devices and assistive technology

services, and the conditions of and criteria for access to

such sources, including any funding mechanisms or

strategies developed by the State;

(III) identify support groups and systems designed to

help individuals with disabilities make effective use of an

activity carried out under another paragraph of this

subsection, including groups that provide evaluations of

assistive technology devices and assistive technology

services; and

(IV) maintain a record of the extent to which citizens of

the State use or make inquiries of the system established

in clause (i), and of the nature of such inquiries.

(E) Interstate activities

(i) In general

The State may enter into cooperative agreements with other

States to expand the capacity of the States involved to

assist individuals with disabilities of all ages to learn

about, acquire, use, maintain, adapt, and upgrade assistive

technology devices and assistive technology services that

such individuals need at home, at school, at work, or in

other environments that are part of daily living.

(ii) Electronic communication

The State may operate or participate in an electronic

information exchange through which the State may communicate

with other States to gain technical assistance in a timely

fashion and to avoid the duplication of efforts already

undertaken in other States.

(F) Partnerships and cooperative initiatives

The State may support partnerships and cooperative

initiatives between the public sector and the private sector to

promote greater participation by business and industry in -

(i) the development, demonstration, and dissemination of

assistive technology devices; and

(ii) the ongoing provision of information about new

products to assist individuals with disabilities.

(G) Expenses

The State may pay for expenses, including travel expenses,

and services, including services of qualified interpreters,

readers, and personal care assistants, that may be necessary to

ensure access to the comprehensive statewide program of

technology-related assistance by individuals with disabilities

who are determined by the State to be in financial need and not

eligible for such payments or services through another public

agency or private entity.

(H) Advocacy services

The State may provide advocacy services.

(c) Amount of financial assistance

(1) Grants to outlying areas

From the funds appropriated under section 3015(a) of this title

and reserved under section 3015(b)(1)(A) of this title for any

fiscal year for grants under this section, the Secretary shall

make a grant in an amount of not more than $105,000 to each

eligible outlying area.

(2) Grants to States

From the funds described in paragraph (1) that are not used to

make grants under paragraph (1), the Secretary shall make grants

to States in accordance with the requirements described in

paragraph (3).

(3) Calculation of State grants

(A) Calculations for grants in the second or third year of a

second extension grant

For any fiscal year, the Secretary shall calculate the amount

of a grant under paragraph (2) for each eligible State that

would be in the second or third year of a second extension

grant made under section 103 of the Technology-Related

Assistance for Individuals With Disabilities Act of 1988, if

that Act had been reauthorized for that fiscal year.

(B) Calculations for grants in the fourth or fifth year of a

second extension grant

(i) Fourth year

An eligible State that would have been in the fourth year

of a second extension grant made under section 103 of the

Technology-Related Assistance for Individuals With

Disabilities Act of 1988 during a fiscal year, if that Act

had been reauthorized for that fiscal year, shall receive

under paragraph (2) a grant in an amount equal to 75 percent

of the funding that the State received in the prior fiscal

year under section 103 of that Act or under this section, as

appropriate.

(ii) Fifth year

An eligible State that would have been in the fifth year of

a second extension grant made under section 103 of the

Technology-Related Assistance for Individuals With

Disabilities Act of 1988 during a fiscal year, if that Act

had been reauthorized for that fiscal year, shall receive

under paragraph (2) a grant in an amount equal to 50 percent

of the funding that the State received in the third year of a

second extension grant under section 103 of that Act or under

this section, as appropriate.

(C) Prohibition on funds after fifth year of a second extension

grant

Except as provided in subsection (f) of this section, an

eligible State that would have been in the fifth year of a

second extension grant made under section 103 of the

Technology-Related Assistance for Individuals With Disabilities

Act of 1988 during a fiscal year, if that Act had been

reauthorized for that fiscal year, may not receive any Federal

funds under this subchapter for any fiscal year after such

fiscal year.

(D) Additional States

(i) In general

For purposes of this paragraph, the Secretary shall treat a

State described in clause (ii) -

(I) for fiscal years 1999 through 2001, as if the State

were a State described in subparagraph (A); and

(II) for fiscal year 2002 or 2003, as if the State were a

State described in clause (i) or (ii), respectively, of

subparagraph (B).

(ii) State

A State referred to in clause (i) shall be a State that -

(I) in fiscal year 1998, was in the second year of an

initial extension grant made under section 103 of the

Technology-Related Assistance for Individuals With

Disabilities Act of 1988; and

(II) meets such terms and conditions as the Secretary

shall determine to be appropriate.

(d) Lead agency

(1) Identification

(A) In general

To be eligible to receive a grant under this section, a State

shall designate a lead agency to carry out appropriate State

functions under this section. The lead agency shall be the

current agency (as of the date of submission of the application

supplement described in subsection (e) of this section)

administering the grant awarded to the State for fiscal year

1998 under title I of the Technology-Related Assistance for

Individuals With Disabilities Act of 1988, except as provided

in subparagraph (B).

(B) Change in agency

The Governor may change the lead agency if the Governor shows

good cause to the Secretary why the designated lead agency

should be changed, in the application supplement described in

subsection (e) of this section, and obtains approval of the

supplement.

(2) Duties of the lead agency

The duties of the lead agency shall include -

(A) submitting the application supplement described in

subsection (e) of this section on behalf of the State;

(B) administering and supervising the use of amounts made

available under the grant received by the State under this

section;

(C)(i) coordinating efforts related to, and supervising the

preparation of, the application supplement described in

subsection (e) of this section;

(ii) continuing the coordination of the maintenance and

evaluation of the comprehensive statewide program of

technology-related assistance among public agencies and between

public agencies and private entities, including coordinating

efforts related to entering into interagency agreements; and

(iii) continuing the coordination of efforts, especially

efforts carried out with entities that provide protection and

advocacy services described in section 3012 of this title,

related to the active, timely, and meaningful participation by

individuals with disabilities and their family members,

guardians, advocates, or authorized representatives, and other

appropriate individuals, with respect to activities carried out

under the grant; and

(D) the delegation, in whole or in part, of any

responsibilities described in subparagraph (A), (B), or (C) to

one or more appropriate offices, agencies, entities, or

individuals.

(e) Application supplement

(1) Submission

Any State that desires to receive a grant under this section

shall submit to the Secretary an application supplement to the

application the State submitted under section 103 of the

Technology-Related Assistance for Individuals With Disabilities

Act of 1988, at such time, in such manner, and for such period as

the Secretary may specify, that contains the following

information:

(A) Goals and activities

A description of -

(i) the goals the State has set, for addressing the

assistive technology needs of individuals with disabilities

in the State, including any related to -

(I) health care;

(II) education;

(III) employment, including goals involving the State

vocational rehabilitation program carried out under title I

of the Rehabilitation Act of 1973 [29 U.S.C. 720 et seq.];

(IV) telecommunication and information technology; or

(V) community living; and

(ii) the activities the State will undertake to achieve

such goals, in accordance with the requirements of subsection

(b) of this section.

(B) Measures of goal achievement

A description of how the State will measure whether the goals

set by the State have been achieved.

(C) Involvement of individuals with disabilities of all ages

and their families

A description of how individuals with disabilities of all

ages and their families -

(i) were involved in selecting -

(I) the goals;

(II) the activities to be undertaken in achieving the

goals; and

(III) the measures to be used in judging if the goals

have been achieved; and

(ii) will be involved in measuring whether the goals have

been achieved.

(D) Redesignation of the lead agency

If the Governor elects to change the lead agency, the

following information:

(i) With regard to the original lead agency, a description

of the deficiencies of the agency.

(ii) With regard to the new lead agency, a description of -

(I) the capacity of the new lead agency to administer and

conduct activities described in subsection (b) of this

section and this paragraph; and

(II) the procedures that the State will implement to

avoid the deficiencies, described in clause (i), of the

original lead agency.

(iii) Information identifying which agency prepared the

application supplement.

(2) Interim status of State obligations

Except as provided in subsection (f)(2) of this section, when

the Secretary notifies a State that the State shall submit the

application supplement to the application the State submitted

under section 103 of the Technology-Related Assistance for

Individuals With Disabilities Act of 1988, the Secretary shall

specify in the notification the time period for which the

application supplement shall apply, consistent with paragraph

(4).

(3) Continuing obligations

Each State that receives a grant under this section shall

continue to abide by the assurances the State made in the

application the State submitted under section 103 of the

Technology-Related Assistance for Individuals With Disabilities

Act of 1988 and continue to comply with reporting requirements

under that Act.

(4) Duration of application supplement

(A) Determination

The Secretary shall determine and specify to the State the

time period for which the application supplement shall apply,

in accordance with subparagraph (B).

(B) Limit

Such time period for any State shall not extend beyond the

year that would have been the fifth year of a second extension

grant made for that State under section 103 of the

Technology-Related Assistance for Individuals With Disabilities

Act of 1988, if the Act had been reauthorized through that

year.

(f) Extension of funding

(1) In general

In the case of a State that was in the fifth year of a second

extension grant in fiscal year 1998 or is in the fifth year of a

second extension grant in any of the fiscal years 1999 through

2004 made under section 103 of the Technology-Related Assistance

for Individuals With Disabilities Act of 1988, or made under this

section, as appropriate, the Secretary may, in the discretion of

the Secretary, award a 3-year extension of the grant to such

State if the State submits an application supplement under

subsection (e) of this section and meets other related

requirements for a State seeking a grant under this section.

(2) Amount

A State that receives an extension of a grant under paragraph

(1), shall receive through the grant, for each of fiscal years of

the extension of the grant, an amount equivalent to the amount

the State received for the fifth year of a second extension grant

made under section 103 of the Technology-Related Assistance for

Individuals With Disabilities Act of 1988, or made under this

section, as appropriate, from funds appropriated under section

3015(a) of this title and reserved under section 3015(b)(1)(A) of

this title for grants under this section.

(3) Limitation

A State may not receive amounts under an extension of a grant

under paragraph (1) after September 30, 2004.

-SOURCE-

(Pub. L. 105-394, title I, Sec. 101, Nov. 13, 1998, 112 Stat.

3635.)

-REFTEXT-

REFERENCES IN TEXT

The Technology-Related Assistance for Individuals With

Disabilities Act of 1988, referred to in subsecs. (a)(2), (c)(3),

(d)(1)(A), (e), and (f)(1), (2), is Pub. L. 100-407, Aug. 19, 1988,

102 Stat. 1044, as amended, which was classified generally to

chapter 24 (Sec. 2201 et seq.) of this title prior to repeal by

Pub. L. 105-394, title IV, Sec. 401, Nov. 13, 1998, 112 Stat. 3661.

Title I of the Act was classified generally to subchapter I (Sec.

2211 et seq.) of chapter 24 of this title, and section 103 of the

Act was classified to section 2213 of this title. In this chapter,

references to provisions of this Act are considered references to

such provisions as in effect on the day before Nov. 13, 1998, see

section 3002(b) of this title. For complete classification of this

Act to the Code, see Tables.

This chapter, referred to in subsec. (b)(2)(C)(ii)(II)(bb), was

in the original "this Act", meaning Pub. L. 105-394, Nov. 13, 1998,

112 Stat. 3627, which is classified principally to this chapter.

For complete classification of this Act to the Code, see Short

Title note set out under section 3001 of this title and Tables.

The Americans with Disabilities Act of 1990, referred to in

subsec. (b)(3)(A)(ii), is Pub. L. 101-336, July 26, 1990, 104 Stat.

327, which is classified principally to chapter 126 (Sec. 12101 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 12101 of Title 42 and Tables.

The Rehabilitation Act of 1973, referred to in subsec.

(e)(1)(A)(i)(III), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355,

as amended. Title I of the Act is classified generally to

subchapter I (Sec. 720 et seq.) of chapter 16 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 701 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3002, 3012, 3013, 3014,

3015, 3053 of this title; title 42 sections 15024, 15025, 15043,

15064.

-End-

-CITE-

29 USC Sec. 3012 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - STATE GRANT PROGRAMS

-HEAD-

Sec. 3012. State grants for protection and advocacy related to

assistive technology

-STATUTE-

(a) Grants to States

(1) In general

On the appropriation of funds under section 3015 of this title,

the Secretary shall make a grant to an entity in each State to

support protection and advocacy services through the systems

established to provide protection and advocacy services under the

Developmental Disabilities Assistance and Bill of Rights Act of

2000 [42 U.S.C. 15001 et seq.] for the purposes of assisting in

the acquisition, utilization, or maintenance of assistive

technology or assistive technology services for individuals with

disabilities.

(2) Certain States

Notwithstanding paragraph (1), for a State that, on the day

before November 13, 1998, was described in section 102(f)(1) of

the Technology-Related Assistance for Individuals With

Disabilities Act of 1988, the Secretary shall make the grant to

the lead agency designated under section 3011(d) of this title.

The lead agency shall determine how the funds made available

under this section shall be divided among the entities that were

providing protection and advocacy services in that State on that

day, and distribute the funds to the entities. In distributing

the funds, the lead agency shall not establish any further

eligibility or procedural requirements for an entity in that

State that supports protection and advocacy services through the

systems established to provide protection and advocacy services

under the Developmental Disabilities Assistance and Bill of

Rights Act of 2000 [42 U.S.C. 15001 et seq.]. Such an entity

shall comply with the same requirements (including reporting and

enforcement requirements) as any other entity that receives

funding under paragraph (1).

(3) Periods

The Secretary shall provide assistance through such a grant to

a State for 6 years.

(b) Amount of financial assistance

(1) Grants to outlying areas

From the funds appropriated under section 3015(a) of this title

and reserved under section 3015(b)(1)(A) of this title for any

fiscal year, the Secretary shall make a grant in an amount of not

more than $30,000 to each eligible system within an outlying

area.

(2) Grants to States

For any fiscal year, after reserving funds to make grants under

paragraph (1), the Secretary shall make allotments from the

remainder of the funds described in paragraph (1) in accordance

with paragraph (3) to eligible systems within States to support

protection and advocacy services as described in subsection (a)

of this section. The Secretary shall make grants to the eligible

systems from the allotments.

(3) Systems within States

(A) Population basis

Except as provided in subparagraph (B), from such remainder

for each fiscal year, the Secretary shall make an allotment to

the eligible system within a State of an amount bearing the

same ratio to such remainder as the population of the State

bears to the population of all States.

(B) Minimums

Subject to the availability of appropriations to carry out

this section, the allotment to any system under subparagraph

(A) shall be not less than $50,000, and the allotment to any

system under this paragraph for any fiscal year that is less

than $50,000 shall be increased to $50,000.

(4) Reallotment

Whenever the Secretary determines that any amount of an

allotment under paragraph (3) to a system within a State for any

fiscal year will not be expended by such system in carrying out

the provisions of this section, the Secretary shall make such

amount available for carrying out the provisions of this section

to one or more of the systems that the Secretary determines will

be able to use additional amounts during such year for carrying

out such provisions. Any amount made available to a system for

any fiscal year pursuant to the preceding sentence shall, for the

purposes of this section, be regarded as an increase in the

allotment of the system (as determined under the preceding

provisions of this section) for such year.

(c) Report to Secretary

An entity that receives a grant under this section shall annually

prepare and submit to the Secretary a report that contains such

information as the Secretary may require, including documentation

of the progress of the entity in -

(1) conducting consumer-responsive activities, including

activities that will lead to increased access, for individuals

with disabilities, to funding for assistive technology devices

and assistive technology services;

(2) engaging in informal advocacy to assist in securing

assistive technology and assistive technology services for

individuals with disabilities;

(3) engaging in formal representation for individuals with

disabilities to secure systems change, and in advocacy activities

to secure assistive technology and assistive technology services

for individuals with disabilities;

(4) developing and implementing strategies to enhance the

long-term abilities of individuals with disabilities and their

family members, guardians, advocates, and authorized

representatives to advocate the provision of assistive technology

devices and assistive technology services to which the

individuals with disabilities are entitled under law other than

this chapter; and

(5) coordinating activities with protection and advocacy

services funded through sources other than this subchapter, and

coordinating activities with the capacity building and advocacy

activities carried out by the lead agency.

(d) Reports and updates to State agencies

An entity that receives a grant under this section shall prepare

and submit to the lead agency the report described in subsection

(c) of this section and quarterly updates concerning the activities

described in subsection (c) of this section.

(e) Coordination

On making a grant under this section to an entity in a State, the

Secretary shall solicit and consider the opinions of the lead

agency of the State designated under section 3011(d) of this title

with respect to efforts at coordination, collaboration, and

promoting outcomes between the lead agency and the entity that

receives the grant under this section.

-SOURCE-

(Pub. L. 105-394, title I, Sec. 102, Nov. 13, 1998, 112 Stat. 3644;

Pub. L. 106-402, title IV, Sec. 401(b)(4)(B), Oct. 30, 2000, 114

Stat. 1738.)

-REFTEXT-

REFERENCES IN TEXT

The Developmental Disabilities Assistance and Bill of Rights Act

of 2000, referred to in subsec. (a)(1), (2), is Pub. L. 106-402,

Oct. 30, 2000, 114 Stat. 1677, which is classified principally to

chapter 144 (Sec. 15001 et seq.) of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out under section 15001 of Title 42 and

Tables.

Section 102(f)(1) of the Technology-Related Assistance for

Individuals With Disabilities Act of 1988, referred to in subsec.

(a)(2), was classified to section 2212(f)(1) of this title prior to

repeal by Pub. L. 105-394, title IV, Sec. 401, Nov. 13, 1998, 112

Stat. 3661. In this chapter, references to provisions of this Act

are considered references to such provisions as in effect on the

day before Nov. 13, 1998, see section 3002(b) of this title.

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(1), (2). Pub. L. 106-402 substituted

"Developmental Disabilities Assistance and Bill of Rights Act of

2000" for "Developmental Disabilities Assistance and Bill of Rights

Act (42 U.S.C. 6000 et seq.)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3002, 3011, 3014, 3015 of

this title; title 42 sections 15024, 15025, 15043, 15064.

-End-

-CITE-

29 USC Sec. 3013 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - STATE GRANT PROGRAMS

-HEAD-

Sec. 3013. Administrative provisions

-STATUTE-

(a) Review of participating entities

(1) In general

The Secretary shall assess the extent to which entities that

receive grants pursuant to this subchapter are complying with the

applicable requirements of this subchapter and achieving the

goals that are consistent with the requirements of the grant

programs under which the entities applied for the grants.

(2) Onsite visits of States receiving certain grants

(A) In general

The Secretary shall conduct an onsite visit for each State

that receives a grant under section 3011 of this title and that

would have been in the third or fourth year of a second

extension grant under the Technology-Related Assistance for

Individuals With Disabilities Act of 1988 if that Act had been

reauthorized for that fiscal year, prior to the end of that

year.

(B) Unnecessary visits

The Secretary shall not be required to conduct a visit of a

State described in subparagraph (A) if the Secretary determines

that the visit is not necessary to assess whether the State is

making significant progress toward development and

implementation of a comprehensive statewide program of

technology-related assistance.

(3) Advance public notice

The Secretary shall provide advance public notice of an onsite

visit conducted under paragraph (2) and solicit public comment

through such notice from targeted individuals, regarding State

goals and related activities to achieve such goals funded through

a grant made under section 3011 of this title.

(4) Minimum requirements

At a minimum, the visit shall allow the Secretary to determine

the extent to which the State is making progress in meeting State

goals and maintaining a comprehensive statewide program of

technology-related assistance consistent with the purposes

described in section 3001(b)(1) of this title.

(5) Provision of information

To assist the Secretary in carrying out the responsibilities of

the Secretary under this section, the Secretary may require

States to provide relevant information.

(b) Corrective action and sanctions

(1) Corrective action

If the Secretary determines that an entity fails to

substantially comply with the requirements of this subchapter

with respect to a grant program, the Secretary shall assist the

entity through technical assistance funded under section 3014 of

this title or other means, within 90 days after such

determination, to develop a corrective action plan.

(2) Sanctions

An entity that fails to develop and comply with a corrective

action plan as described in paragraph (1) during a fiscal year

shall be subject to one of the following corrective actions

selected by the Secretary:

(A) Partial or complete fund termination under the grant

program.

(B) Ineligibility to participate in the grant program in the

following year.

(C) Reduction in funding for the following year under the

grant program.

(D) Required redesignation of the lead agency designated

under section 3011(d) of this title or an entity responsible

for administering the grant program.

(3) Appeals procedures

The Secretary shall establish appeals procedures for entities

that are found to be in noncompliance with the requirements of

this subchapter.

(c) Annual report

(1) In general

Not later than December 31 of each year, the Secretary shall

prepare, and submit to the President and to Congress, a report on

the activities funded under this chapter, to improve the access

of individuals with disabilities to assistive technology devices

and assistive technology services.

(2) Contents

Such report shall include information on -

(A) the demonstrated successes of the funded activities in

improving interagency coordination relating to assistive

technology, streamlining access to funding for assistive

technology, and producing beneficial outcomes for users of

assistive technology;

(B) the demonstration activities carried out through the

funded activities to -

(i) promote access to such funding in public programs that

were in existence on the date of the initiation of the

demonstration activities; and

(ii) establish additional options for obtaining such

funding;

(C) the education and training activities carried out through

the funded activities to educate and train targeted individuals

about assistive technology, including increasing awareness of

funding through public programs for assistive technology;

(D) the research activities carried out through the funded

activities to improve understanding of the costs and benefits

of access to assistive technology for individuals with

disabilities who represent a variety of ages and types of

disabilities;

(E) the program outreach activities to rural and inner-city

areas that are carried out through the funded activities;

(F) the activities carried out through the funded activities

that are targeted to reach underrepresented populations and

rural populations; and

(G) the consumer involvement activities carried out through

the funded activities.

(3) Availability of assistive technology devices and assistive

technology services

As soon as practicable, the Secretary shall include in the

annual report required by this subsection information on the

availability of assistive technology devices and assistive

technology services.

(d) Effect on other assistance

This subchapter may not be construed as authorizing a Federal or

a State agency to reduce medical or other assistance available, or

to alter eligibility for a benefit or service, under any other

Federal law.

-SOURCE-

(Pub. L. 105-394, title I, Sec. 103, Nov. 13, 1998, 112 Stat.

3646.)

-REFTEXT-

REFERENCES IN TEXT

The Technology-Related Assistance for Individuals With

Disabilities Act of 1988, referred to in subsec. (a)(2)(A), is Pub.

L. 100-407, Aug. 19, 1988, 102 Stat. 1044, as amended, which was

classified generally to chapter 24 (Sec. 2201 et seq.) of this

title prior to repeal by Pub. L. 105-394, title IV, Sec. 401, Nov.

13, 1998, 112 Stat. 3661. In this chapter, references to provisions

of this Act are considered references to such provisions as in

effect on the day before Nov. 13, 1998, see section 3002(b) of this

title. For complete classification of this Act to the Code, see

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3014, 3015 of this title.

-End-

-CITE-

29 USC Sec. 3014 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - STATE GRANT PROGRAMS

-HEAD-

Sec. 3014. Technical assistance program

-STATUTE-

(a) In general

Through grants, contracts, or cooperative agreements, awarded on

a competitive basis, the Secretary is authorized to fund a

technical assistance program to provide technical assistance to

entities, principally entities funded under section 3011 or 3012 of

this title.

(b) Input

In designing the program to be funded under this section, and in

deciding the differences in function between national and

regionally based technical assistance efforts carried out through

the program, the Secretary shall consider the input of the

directors of comprehensive statewide programs of technology-related

assistance and other individuals the Secretary determines to be

appropriate, especially -

(1) individuals with disabilities who use assistive technology

and understand the barriers to the acquisition of such technology

and assistive technology services;

(2) family members, guardians, advocates, and authorized

representatives of such individuals; and

(3) individuals employed by protection and advocacy systems

funded under section 3012 of this title.

(c) Scope of technical assistance

(1) National Public Internet Site

(A) Establishment of Internet site

The Secretary shall fund the establishment and maintenance of

a National Public Internet Site for the purposes of providing

to individuals with disabilities and the general public

technical assistance and information on increased access to

assistive technology devices, assistive technology services,

and other disability-related resources.

(B) Eligible entity

To be eligible to receive a grant or enter into a contract or

cooperative agreement under subsection (a) of this section to

establish and maintain the Internet site, an entity shall be an

institution of higher education that emphasizes research and

engineering, has a multidisciplinary research center, and has

demonstrated expertise in -

(i) working with assistive technology and intelligent agent

interactive information dissemination systems;

(ii) managing libraries of assistive technology and

disability-related resources;

(iii) delivering education, information, and referral

services to individuals with disabilities, including

technology-based curriculum development services for adults

with low-level reading skills;

(iv) developing cooperative partnerships with the private

sector, particularly with private sector computer software,

hardware, and Internet services entities; and

(v) developing and designing advanced Internet sites.

(C) Features of Internet site

The National Public Internet Site described in subparagraph

(A) shall contain the following features:

(i) Availability of information at any time

The site shall be designed so that any member of the public

may obtain information posted on the site at any time.

(ii) Innovative automated intelligent agent

The site shall be constructed with an innovative automated

intelligent agent that is a diagnostic tool for assisting

users in problem definition and the selection of appropriate

assistive technology devices and assistive technology

services resources.

(iii) Resources

(I) Library on assistive technology

The site shall include access to a comprehensive working

library on assistive technology for all environments,

including home, workplace, transportation, and other

environments.

(II) Resources for a number of disabilities

The site shall include resources relating to the largest

possible number of disabilities, including resources

relating to low-level reading skills.

(iv) Links to private sector resources and information

To the extent feasible, the site shall be linked to

relevant private sector resources and information, under

agreements developed between the institution of higher

education and cooperating private sector entities.

(D) Minimum library components

At a minimum, the Internet site shall maintain updated

information on -

(i) how to plan, develop, implement, and evaluate

activities to further extend comprehensive statewide programs

of technology-related assistance, including the development

and replication of effective approaches to -

(I) providing information and referral services;

(II) promoting interagency coordination of training and

service delivery among public and private entities;

(III) conducting outreach to underrepresented populations

and rural populations;

(IV) mounting successful public awareness activities;

(V) improving capacity building in service delivery;

(VI) training personnel from a variety of disciplines;

and

(VII) improving evaluation strategies, research, and data

collection;

(ii) effective approaches to the development of

consumer-controlled systems that increase access to, funding

for, and awareness of, assistive technology devices and

assistive technology services;

(iii) successful approaches to increasing the availability

of public and private funding for and access to the provision

of assistive technology devices and assistive technology

services by appropriate State agencies; and

(iv) demonstration sites where individuals may try out

assistive technology.

(2) Technical assistance efforts

In carrying out the technical assistance program, taking into

account the input required under subsection (b) of this section,

the Secretary shall ensure that entities -

(A) address State-specific information requests concerning

assistive technology from other entities funded under this

subchapter and public entities not funded under this

subchapter, including -

(i) requests for state-of-the-art, or model, Federal,

State, and local laws, regulations, policies, practices,

procedures, and organizational structures, that facilitate,

and overcome barriers to, funding for, and access to,

assistive technology devices and assistive technology

services;

(ii) requests for examples of policies, practices,

procedures, regulations, administrative hearing decisions, or

legal actions, that have enhanced or may enhance access to

funding for assistive technology devices and assistive

technology services for individuals with disabilities;

(iii) requests for information on effective approaches to

Federal-State coordination of programs for individuals with

disabilities, related to improving funding for or access to

assistive technology devices and assistive technology

services for individuals with disabilities of all ages;

(iv) requests for information on effective approaches to

the development of consumer-controlled systems that increase

access to, funding for, and awareness of, assistive

technology devices and assistive technology services;

(v) other requests for technical assistance from other

entities funded under this subchapter and public entities not

funded under this subchapter; and

(vi) other assignments specified by the Secretary,

including assisting entities described in section 3013(b) of

this title to develop corrective action plans; and

(B) assist targeted individuals by disseminating information

about -

(i) Federal, State, and local laws, regulations, policies,

practices, procedures, and organizational structures, that

facilitate, and overcome barriers to, funding for, and access

to, assistive technology devices and assistive technology

services, to promote fuller independence, productivity, and

inclusion in society for individuals with disabilities of all

ages; and

(ii) technical assistance activities undertaken under

subparagraph (A).

(d) Eligible entities

To be eligible to compete for grants, contracts, and cooperative

agreements under this section, entities shall have documented

experience with and expertise in assistive technology service

delivery or systems, interagency coordination, and capacity

building and advocacy activities.

(e) Application

To be eligible to receive a grant, contract, or cooperative

agreement under this section, an entity shall submit an application

to the Secretary at such time, in such manner, and containing such

information as the Secretary may require.

-SOURCE-

(Pub. L. 105-394, title I, Sec. 104, Nov. 13, 1998, 112 Stat.

3648.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3011, 3013, 3015 of this

title.

-End-

-CITE-

29 USC Sec. 3015 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - STATE GRANT PROGRAMS

-HEAD-

Sec. 3015. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to carry out this

subchapter $36,000,000 for fiscal year 1999 and such sums as may be

necessary for each of fiscal years 2000 through 2004.

(b) Reservations of funds

(1) In general

Except as provided in paragraphs (2) and (3), of the amount

appropriated under subsection (a) of this section for a fiscal

year -

(A) 87.5 percent of the amount shall be reserved to fund

grants under section 3011 of this title;

(B) 7.9 percent shall be reserved to fund grants under

section 3012 of this title; and

(C) 4.6 percent shall be reserved for activities funded under

section 3014 of this title.

(2) Reservation for continuation of technical assistance

initiatives

For fiscal year 1999, the Secretary may use funds reserved

under subparagraph (C) of paragraph (1) to continue funding

technical assistance initiatives that were funded in fiscal year

1998 under the Technology-Related Assistance for Individuals With

Disabilities Act of 1988.

(3) Reservation for onsite visits

The Secretary may reserve, from the amount appropriated under

subsection (a) of this section for any fiscal year, such sums as

the Secretary considers to be necessary for the purposes of

conducting onsite visits as required by section 3013(a)(2) of

this title.

-SOURCE-

(Pub. L. 105-394, title I, Sec. 105, Nov. 13, 1998, 112 Stat.

3651.)

-REFTEXT-

REFERENCES IN TEXT

The Technology-Related Assistance for Individuals With

Disabilities Act of 1988, referred to in subsec. (b)(2), is Pub. L.

100-407, Aug. 19, 1988, 102 Stat. 1044, as amended, which was

classified generally to chapter 24 (Sec. 2201 et seq.) of this

title prior to repeal by Pub. L. 105-394, title IV, Sec. 401, Nov.

13, 1998, 112 Stat. 3661. In this chapter, references to provisions

of this Act are considered references to such provisions as in

effect on the day before Nov. 13, 1998, see section 3002(b) of this

title. For complete classification of this Act to the Code, see

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3011, 3012 of this title.

-End-

-CITE-

29 USC SUBCHAPTER II - NATIONAL ACTIVITIES 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - NATIONAL ACTIVITIES

-HEAD-

SUBCHAPTER II - NATIONAL ACTIVITIES

-End-

-CITE-

29 USC Sec. 3031 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - NATIONAL ACTIVITIES

-HEAD-

Sec. 3031. Small business incentives

-STATUTE-

(a) Definition

In this section, the term "small business" means a small-business

concern, as described in section 632(a) of title 15.

(b) Contracts for design, development, and marketing

(1) In general

The Secretary may enter into contracts with small businesses,

to assist such businesses to design, develop, and market

assistive technology devices or assistive technology services. In

entering into the contracts, the Secretary may give preference to

businesses owned or operated by individuals with disabilities.

(2) Small Business Innovative Research Program

Contracts entered into pursuant to paragraph (1) shall be

administered in accordance with the contract administration

requirements applicable to the Department of Education under the

Small Business Innovative Research Program, as described in

section 638(g) of title 15. Contracts entered into pursuant to

paragraph (1) shall not be included in the calculation of the

required expenditures of the Department under section 638(f) of

title 15.

(c) Grants for evaluation and dissemination of information on

effects of technology transfer

The Secretary may make grants to small businesses to enable such

businesses -

(1) to work with any entity funded by the Secretary to evaluate

and disseminate information on the effects of technology transfer

on the lives of individuals with disabilities;

(2) to benefit from the experience and expertise of such

entities, in conducting such evaluation and dissemination; and

(3) to utilize any technology transfer and market research

services such entities provide, to bring new assistive technology

devices and assistive technology services into commerce.

-SOURCE-

(Pub. L. 105-394, title II, Sec. 211, Nov. 13, 1998, 112 Stat.

3654.)

-End-

-CITE-

29 USC Sec. 3032 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - NATIONAL ACTIVITIES

-HEAD-

Sec. 3032. Technology transfer and universal design

-STATUTE-

(a) In general

The Director of the National Institute on Disability and

Rehabilitation Research may collaborate with the Federal Laboratory

Consortium for Technology Transfer established under section 11(e)

of the Stevenson-Wydler Technology Innovation Act of 1980 (15

U.S.C. 3710(e)), to promote technology transfer that will further

development of assistive technology and products that incorporate

the principles of universal design.

(b) Collaboration

In promoting the technology transfer, the Director and the

Consortium described in subsection (a) of this section may

collaborate -

(1) to enable the National Institute on Disability and

Rehabilitation Research to work more effectively with the

Consortium, and to enable the Consortium to fulfill the

responsibilities of the Consortium to assist Federal agencies

with technology transfer under the Stevenson-Wydler Technology

Innovation Act of 1980 (15 U.S.C. 3701 et seq);

(2) to increase the awareness of staff members of the Federal

Laboratories regarding assistive technology issues and the

principles of universal design;

(3) to compile a compendium of current and projected Federal

Laboratory technologies and projects that have or will have an

intended or recognized impact on the available range of assistive

technology for individuals with disabilities, including

technologies and projects that incorporate the principles of

universal design, as appropriate;

(4) to develop strategies for applying developments in

assistive technology and universal design to mainstream

technology, to improve economies of scale and commercial

incentives for assistive technology; and

(5) to cultivate developments in assistive technology and

universal design through demonstration projects and evaluations,

conducted with assistive technology professionals and potential

users of assistive technology.

(c) Grants, contracts, and cooperative agreements

The Secretary may make grants to or enter into contracts or

cooperative agreements with commercial, nonprofit, or other

organizations, including institutions of higher education, to

facilitate interaction with the Consortium to achieve the

objectives of this section.

-SOURCE-

(Pub. L. 105-394, title II, Sec. 212, Nov. 13, 1998, 112 Stat.

3654.)

-REFTEXT-

REFERENCES IN TEXT

The Stevenson-Wydler Technology Innovation Act of 1980, referred

to in subsec. (b)(1), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat.

2311, as amended, which is classified generally to chapter 63 (Sec.

3701 et seq.) of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short Title note set

out under section 3701 of Title 15 and Tables.

-COD-

CODIFICATION

Section is comprised of section 212 of Pub. L. 105-394. Subsec.

(d) of section 212 of Pub. L. 105-394 amended section 3710 of Title

15, Commerce and Trade.

-End-

-CITE-

29 USC Sec. 3033 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - NATIONAL ACTIVITIES

-HEAD-

Sec. 3033. Universal design in products and the built environment

-STATUTE-

The Secretary may make grants to commercial or other enterprises

and institutions of higher education for the research and

development of universal design concepts for products (including

information technology) and the built environment. In making such

grants, the Secretary shall give consideration to enterprises and

institutions that are owned or operated by individuals with

disabilities. The Secretary shall define the term "built

environment" for purposes of this section.

-SOURCE-

(Pub. L. 105-394, title II, Sec. 213, Nov. 13, 1998, 112 Stat.

3655.)

-End-

-CITE-

29 USC Sec. 3034 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - NATIONAL ACTIVITIES

-HEAD-

Sec. 3034. Outreach

-STATUTE-

(a) Assistive technology in rural or impoverished urban areas

The Secretary may make grants, enter into cooperative agreements,

or provide financial assistance through other mechanisms, for

projects designed to increase the availability of assistive

technology for rural and impoverished urban populations, by

determining the unmet assistive technology needs of such

populations, and designing and implementing programs to meet such

needs.

(b) Assistive technology for children and older individuals

The Secretary may make grants, enter into cooperative agreements,

or provide financial assistance through other mechanisms, for

projects designed to increase the availability of assistive

technology for populations of children and older individuals, by

determining the unmet assistive technology needs of such

populations, and designing and implementing programs to meet such

needs.

-SOURCE-

(Pub. L. 105-394, title II, Sec. 214, Nov. 13, 1998, 112 Stat.

3655.)

-End-

-CITE-

29 USC Sec. 3035 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - NATIONAL ACTIVITIES

-HEAD-

Sec. 3035. Training pertaining to rehabilitation engineers and

technicians

-STATUTE-

(a) Grants and contracts

The Secretary shall make grants, or enter into contracts with,

public and private agencies and organizations, including

institutions of higher education, to help prepare students,

including students preparing to be rehabilitation technicians, and

faculty working in the field of rehabilitation engineering, for

careers related to the provision of assistive technology devices

and assistive technology services.

(b) Activities

An agency or organization that receives a grant or contract under

subsection (a) of this section may use the funds made available

through the grant or contract -

(1) to provide training programs for individuals employed or

seeking employment in the field of rehabilitation engineering,

including postsecondary education programs;

(2) to provide workshops, seminars, and conferences concerning

rehabilitation engineering that relate to the use of assistive

technology devices and assistive technology services to improve

the lives of individuals with disabilities; and

(3) to design, develop, and disseminate curricular materials to

be used in the training programs, workshops, seminars, and

conferences described in paragraphs (1) and (2).

-SOURCE-

(Pub. L. 105-394, title II, Sec. 215, Nov. 13, 1998, 112 Stat.

3656.)

-End-

-CITE-

29 USC Sec. 3036 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - NATIONAL ACTIVITIES

-HEAD-

Sec. 3036. President's Committee on Employment of People With

Disabilities

-STATUTE-

(a) Programs

The President's Committee on Employment of People With

Disabilities (referred to in this section as "the Committee") may

design, develop, and implement programs to increase the voluntary

participation of the private sector in making information

technology accessible to individuals with disabilities, including

increasing the involvement of individuals with disabilities in the

design, development, and manufacturing of information technology.

(b) Activities

The Committee may carry out activities through the programs that

may include -

(1) the development and coordination of a task force, which -

(A) shall develop and disseminate information on voluntary

best practices for universal accessibility in information

technology; and

(B) shall consist of members of the public and private

sectors, including -

(i) representatives of organizations representing

individuals with disabilities; and

(ii) individuals with disabilities; and

(2) the design, development, and implementation of outreach

programs to promote the adoption of best practices referred to in

paragraph (1)(B).

(c) Coordination

The Committee shall coordinate the activities of the Committee

under this section, as appropriate, with the activities of the

National Institute on Disability and Rehabilitation Research and

the activities of the Department of Labor.

(d) Technical assistance

The Committee may provide technical assistance concerning the

programs carried out under this section and may reserve such

portion of the funds appropriated to carry out this section as the

Committee determines to be necessary to provide the technical

assistance.

(e) Definition

In this section, the term "information technology" means any

equipment or interconnected system or subsystem of equipment, that

is used in the automatic acquisition, storage, manipulation,

management, movement, control, display, switching, interchange,

transmission, or reception of data or information, including a

computer, ancillary equipment, software, firmware and similar

procedures, services (including support services), and related

resources.

-SOURCE-

(Pub. L. 105-394, title II, Sec. 216, Nov. 13, 1998, 112 Stat.

3656.)

-End-

-CITE-

29 USC Sec. 3037 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - NATIONAL ACTIVITIES

-HEAD-

Sec. 3037. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this

subchapter, and the provisions of section 763 of this title that

relate to research described in section 763(b)(2)(A) of this title,

$10,000,000 for fiscal year 1999, and such sums as may be necessary

for fiscal year 2000.

-SOURCE-

(Pub. L. 105-394, title II, Sec. 217, Nov. 13, 1998, 112 Stat.

3657.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

title", meaning title II of Pub. L. 105-394, Nov. 13, 1998, 112

Stat. 3651, which enacted this subchapter and amended sections 763,

781, 792, and 794b of this title and section 3710 of Title 15,

Commerce and Trade. For complete classification of title II to the

Code, see Tables.

-End-

-CITE-

29 USC SUBCHAPTER III - ALTERNATIVE FINANCING MECHANISMS 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - ALTERNATIVE FINANCING MECHANISMS

-HEAD-

SUBCHAPTER III - ALTERNATIVE FINANCING MECHANISMS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 3011 of this title.

-End-

-CITE-

29 USC Sec. 3051 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - ALTERNATIVE FINANCING MECHANISMS

-HEAD-

Sec. 3051. General authority

-STATUTE-

(a) In general

The Secretary shall award grants to States to pay for the Federal

share of the cost of the establishment and administration of, or

the expansion and administration of, an alternative financing

program featuring one or more alternative financing mechanisms to

allow individuals with disabilities and their family members,

guardians, advocates, and authorized representatives to purchase

assistive technology devices and assistive technology services

(referred to individually in this subchapter as an "alternative

financing mechanism").

(b) Mechanisms

The alternative financing mechanisms may include -

(1) a low-interest loan fund;

(2) an interest buy-down program;

(3) a revolving loan fund;

(4) a loan guarantee or insurance program;

(5) a program operated by a partnership among private entities

for the purchase, lease, or other acquisition of assistive

technology devices or assistive technology services; or

(6) another mechanism that meets the requirements of this

subchapter and is approved by the Secretary.

(c) Requirements

(1) Period

The Secretary may award grants under this subchapter for

periods of 1 year.

(2) Limitation

No State may receive more than one grant under this subchapter.

(d) Federal share

The Federal share of the cost of the alternative financing

program shall not be more than 50 percent.

(e) Construction

Nothing in this section shall be construed as affecting the

authority of a State to establish an alternative financing program

under subchapter I of this chapter.

-SOURCE-

(Pub. L. 105-394, title III, Sec. 301, Nov. 13, 1998, 112 Stat.

3657.)

-End-

-CITE-

29 USC Sec. 3052 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - ALTERNATIVE FINANCING MECHANISMS

-HEAD-

Sec. 3052. Amount of grants

-STATUTE-

(a) In general

(1) Grants to outlying areas

From the funds appropriated under section 3058 of this title

for any fiscal year that are not reserved under section 3058(b)

of this title, the Secretary shall make a grant in an amount of

not more than $105,000 to each eligible outlying area.

(2) Grants to States

From the funds described in paragraph (1) that are not used to

make grants under paragraph (1), the Secretary shall make grants

to States from allotments made in accordance with the

requirements described in paragraph (3).

(3) Allotments

From the funds described in paragraph (1) that are not used to

make grants under paragraph (1) -

(A) the Secretary shall allot $500,000 to each State; and

(B) from the remainder of the funds -

(i) the Secretary shall allot to each State an amount that

bears the same ratio to 80 percent of the remainder as the

population of the State bears to the population of all

States; and

(ii) the Secretary shall allot to each State with a

population density that is not more than 10 percent greater

than the population density of the United States (according

to the most recently available census data) an equal share

from 20 percent of the remainder.

(b) Insufficient funds

If the funds appropriated under this subchapter for a fiscal year

are insufficient to fund the activities described in the acceptable

applications submitted under this subchapter for such year, a State

whose application was approved for such year but that did not

receive a grant under this subchapter may update the application

for the succeeding fiscal year. Priority shall be given in such

succeeding fiscal year to such updated applications, if acceptable.

(c) Definitions

In subsection (a) of this section:

(1) Outlying area

The term "outlying area" means the United States Virgin

Islands, Guam, American Samoa, and the Commonwealth of the

Northern Mariana Islands.

(2) State

The term "State" does not include the United States Virgin

Islands, Guam, American Samoa, and the Commonwealth of the

Northern Mariana Islands.

-SOURCE-

(Pub. L. 105-394, title III, Sec. 302, Nov. 13, 1998, 112 Stat.

3657.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3002 of this title.

-End-

-CITE-

29 USC Sec. 3053 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - ALTERNATIVE FINANCING MECHANISMS

-HEAD-

Sec. 3053. Applications and procedures

-STATUTE-

(a) Eligibility

States that receive or have received grants under section 3011 of

this title and comply with subsection (b) of this section shall be

eligible to compete for grants under this subchapter.

(b) Application

To be eligible to compete for a grant under this subchapter, a

State shall submit an application to the Secretary at such time, in

such manner, and containing such information as the Secretary may

require, including -

(1) an assurance that the State will provide the non-Federal

share of the cost of the alternative financing program in cash,

from State, local, or private sources;

(2) an assurance that the alternative financing program will

continue on a permanent basis;

(3) an assurance that, and information describing the manner in

which, the alternative financing program will expand and

emphasize consumer choice and control;

(4) an assurance that the funds made available through the

grant to support the alternative financing program will be used

to supplement and not supplant other Federal, State, and local

public funds expended to provide alternative financing

mechanisms;

(5) an assurance that the State will ensure that -

(A) all funds that support the alternative financing program,

including funds repaid during the life of the program, will be

placed in a permanent separate account and identified and

accounted for separately from any other fund;

(B) if the organization administering the program invests

funds within this account, the organization will invest the

funds in low-risk securities in which a regulated insurance

company may invest under the law of the State; and

(C) the organization will administer the funds with the same

judgment and care that a person of prudence, discretion, and

intelligence would exercise in the management of the financial

affairs of such person;

(6) an assurance that -

(A) funds comprised of the principal and interest from the

account described in paragraph (5) will be available to support

the alternative financing program; and

(B) any interest or investment income that accrues on or

derives from such funds after such funds have been placed under

the control of the organization administering the alternative

financing program, but before such funds are distributed for

purposes of supporting the program, will be the property of the

organization administering the program; and

(7) an assurance that the percentage of the funds made

available through the grant that is used for indirect costs shall

not exceed 10 percent.

(c) Limit

The interest and income described in subsection (b)(6)(B) of this

section shall not be taken into account by any officer or employee

of the Federal Government for purposes of determining eligibility

for any Federal program.

-SOURCE-

(Pub. L. 105-394, title III, Sec. 303, Nov. 13, 1998, 112 Stat.

3658.)

-End-

-CITE-

29 USC Sec. 3054 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - ALTERNATIVE FINANCING MECHANISMS

-HEAD-

Sec. 3054. Contracts with community-based organizations

-STATUTE-

(a) In general

A State that receives a grant under this subchapter shall enter

into a contract with a community-based organization (including a

group of such organizations) that has individuals with disabilities

involved in organizational decisionmaking at all organizational

levels, to administer the alternative financing program.

(b) Provisions

The contract shall -

(1) include a provision requiring that the program funds,

including the Federal and non-Federal shares of the cost of the

program, be administered in a manner consistent with the

provisions of this subchapter;

(2) include any provision the Secretary requires concerning

oversight and evaluation necessary to protect Federal financial

interests; and

(3) require the community-based organization to enter into a

contract, to expand opportunities under this subchapter and

facilitate administration of the alternative financing program,

with -

(A) commercial lending institutions or organizations; or

(B) State financing agencies.

-SOURCE-

(Pub. L. 105-394, title III, Sec. 304, Nov. 13, 1998, 112 Stat.

3659.)

-End-

-CITE-

29 USC Sec. 3055 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - ALTERNATIVE FINANCING MECHANISMS

-HEAD-

Sec. 3055. Grant administration requirements

-STATUTE-

A State that receives a grant under this subchapter and any

community-based organization that enters into a contract with the

State under this subchapter, shall submit to the Secretary,

pursuant to a schedule established by the Secretary (or if the

Secretary does not establish a schedule, within 12 months after the

date that the State receives the grant), each of the following

policies or procedures for administration of the alternative

financing program:

(1) A procedure to review and process in a timely manner

requests for financial assistance for immediate and potential

technology needs, including consideration of methods to reduce

paperwork and duplication of effort, particularly relating to

need, eligibility, and determination of the specific assistive

technology device or service to be financed through the program.

(2) A policy and procedure to assure that access to the

alternative financing program shall be given to consumers

regardless of type of disability, age, income level, location of

residence in the State, or type of assistive technology device or

assistive technology service for which financing is requested

through the program.

(3) A procedure to assure consumer-controlled oversight of the

program.

-SOURCE-

(Pub. L. 105-394, title III, Sec. 305, Nov. 13, 1998, 112 Stat.

3660.)

-End-

-CITE-

29 USC Sec. 3056 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - ALTERNATIVE FINANCING MECHANISMS

-HEAD-

Sec. 3056. Information and technical assistance

-STATUTE-

(a) In general

The Secretary shall provide information and technical assistance

to States under this subchapter, which shall include -

(1) providing assistance in preparing applications for grants

under this subchapter;

(2) assisting grant recipients under this subchapter to develop

and implement alternative financing programs; and

(3) providing any other information and technical assistance

the Secretary determines to be appropriate to assist States to

achieve the objectives of this subchapter.

(b) Grants, contracts, and cooperative agreements

The Secretary shall provide the information and technical

assistance described in subsection (a) of this section through

grants, contracts, and cooperative agreements with public or

private agencies and organizations, including institutions of

higher education, with sufficient documented experience, expertise,

and capacity to assist States in the development and implementation

of the alternative financing programs carried out under this

subchapter.

-SOURCE-

(Pub. L. 105-394, title III, Sec. 306, Nov. 13, 1998, 112 Stat.

3660.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3058 of this title.

-End-

-CITE-

29 USC Sec. 3057 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - ALTERNATIVE FINANCING MECHANISMS

-HEAD-

Sec. 3057. Annual report

-STATUTE-

Not later than December 31 of each year, the Secretary shall

submit a report to the Committee on Education and the Workforce of

the House of Representatives and the Committee on Labor and Human

Resources of the Senate describing the progress of each alternative

financing program funded under this subchapter toward achieving the

objectives of this subchapter. The report shall include information

on -

(1) the number of grant applications received and approved by

the Secretary under this subchapter, and the amount of each grant

awarded under this subchapter;

(2) the ratio of funds provided by each State for the

alternative financing program of the State to funds provided by

the Federal Government for the program;

(3) the type of alternative financing mechanisms used by each

State and the community-based organization with which each State

entered into a contract, under the program; and

(4) the amount of assistance given to consumers through the

program (who shall be classified by age, type of disability, type

of assistive technology device or assistive technology service

financed through the program, geographic distribution within the

State, gender, and whether the consumers are part of an

underrepresented population or rural population).

-SOURCE-

(Pub. L. 105-394, title III, Sec. 307, Nov. 13, 1998, 112 Stat.

3660.)

-End-

-CITE-

29 USC Sec. 3058 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 31 - ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - ALTERNATIVE FINANCING MECHANISMS

-HEAD-

Sec. 3058. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to carry out this

subchapter $10,000,000 for fiscal year 1999 and such sums as may be

necessary for fiscal year 2000.

(b) Reservation

Of the amounts appropriated under subsection (a) of this section

for a fiscal year, the Secretary shall reserve 2 percent for the

purpose of providing information and technical assistance to States

under section 3056 of this title.

-SOURCE-

(Pub. L. 105-394, title III, Sec. 308, Nov. 13, 1998, 112 Stat.

3661.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3052 of this title.

-End-