
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
