29 USC 3013: Administrative provisions
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29 USC 3013: Administrative provisions Text contains those laws in effect on January 2, 2001
From Title 29-LABORCHAPTER 31-ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIESSUBCHAPTER I-STATE GRANT PROGRAMS

§3013. Administrative provisions

(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.

( Pub. L. 105–394, title I, §103, Nov. 13, 1998, 112 Stat. 3646 .)

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 (§2201 et seq.) of this title prior to repeal by Pub. L. 105–394, title IV, §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.

Section Referred to in Other Sections

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