§ 3013. — Administrative provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC3013]
TITLE 29--LABOR
CHAPTER 31--ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES
SUBCHAPTER I--STATE GRANT PROGRAMS
Sec. 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, Sec. 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 (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.
Section Referred to in Other Sections
This section is referred to in sections 3014, 3015 of this title.
