1997 U.S. Code
Title 29 - LABOR
CHAPTER 24 - TECHNOLOGY RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES
Sec. 2202 - Definitions

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§2202. Definitions

For purposes of this chapter:

(1) Advocacy services

The term “advocacy services”, except as used as part of the term “protection and advocacy services”, means services—

(A) provided to assist individuals with disabilities and their family members, guardians, advocates, and authorized representatives in accessing assistive technology devices and assistive technology services; and

(B) provided through—

(i) individual case management for individuals with disabilities;

(ii) representation of individuals with disabilities (other than representation within the definition of protection and advocacy services);

(iii) training of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to successfully conduct advocacy for themselves; or

(iv) dissemination of information.

(2) Assistive technology device

The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.

(3) 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 needs of an individual with a disability, including a functional evaluation of the individual in the individual's customary environment;

(B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities;

(C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices;

(D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(E) training or technical assistance for an individual with disabilities, or, where appropriate, the the 1 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.

(4) Comprehensive statewide program of technology-related assistance

The term “comprehensive statewide program of technology-related assistance” means a statewide program of technology-related assistance developed and implemented by a State under subchapter I of this chapter that—

(A) addresses the needs of all individuals with disabilities, including members of underrepresented populations and members of rural populations;

(B) addresses such needs without regard to the age, type of disability, race, ethnicity, or gender of such individuals, or the particular major life activity for which such individuals need the assistance; and

(C) addresses such needs without requiring that the assistance be provided through any particular agency or service delivery system.

(5) Consumer-responsive

The term “consumer-responsive” means, with respect to an entity, program, or activity, that the entity, program, or activity—

(A) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their family members, guardians, advocates, or authorized representatives;

(B) responds to the needs of individuals with disabilities in a timely and appropriate manner; and

(C) 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; and

(ii) the planning, development, implementation, and evaluation of the comprehensive statewide program of technology-related assistance.

(6) 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.

(7) Individual with a disability; individuals with disabilities (A) Individual with a disability

The term “individual with a disability” means any individual—

(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.

(8) Institution of higher education

The term “institution of higher education” has the meaning given such term in section 1141(a) of title 20, and includes community colleges receiving funding under the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. 1801 et seq.).

(9) Protection and advocacy services

The term “protection and advocacy services” means services that—

(A) are described in part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.), the Protection and Advocacy for Mentally Ill Individuals Act (42 U.S.C. 10801 et seq.), or section 794e of this title; and

(B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services.

(10) Secretary

The term “Secretary” means the Secretary of Education.

(11) State

Except as otherwise provided, 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, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau (until the Compact of Free Association with Palau takes effect).

(12) Systems change and advocacy activities

The term “systems change and advocacy activities” means efforts that result in laws, regulations, policies, practices, or organizational structures that promote consumer-responsive programs or entities and that facilitate and increase access to, provision of, and funding for, assistive technology devices and assistive technology services on a permanent basis, in order to empower individuals with disabilities to achieve greater independence, productivity, and integration and inclusion within the community and the work force.

(13) Technology-related assistance

The term “technology-related assistance” means assistance provided through systems change and advocacy activities that accomplish the purposes described in any of subparagraphs (A) through (K) of section 2201(b)(1) of this title.

(14) Underrepresented population

The term “underrepresented population” includes a population such as minorities, the poor, and persons with limited-English proficiency.

(Pub. L. 100–407, §3, Aug. 19, 1988, 102 Stat. 1046; Pub. L. 103–218, §4, Mar. 9, 1994, 108 Stat. 54.)

References in Text

The Tribally Controlled Community College Assistance Act of 1978, referred to in par. (8), is Pub. L. 95–471, Oct. 17, 1978, 92 Stat. 1325, as amended, which is classified principally to chapter 20 (§1801 et seq.) of Title 25, Indians. 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, referred to in par. (9)(A), is title I of Pub. L. 88–164, as added by Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2662, as amended. Part C of the Act is classified generally to subchapter III (§6041 et seq.) of chapter 75 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 6000 of Title 42 and Tables.

The Protection and Advocacy for Mentally Ill Individuals Act, referred to in par. (9)(A), probably means the Protection and Advocacy for Mentally Ill Individuals Act of 1986, Pub. L. 99–319, May 23, 1986, 100 Stat. 478, as amended, which is classified generally to chapter 114 (§10801 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 10801 of Title 42 and Tables.

For Oct. 1, 1994, as the date the Compact of Free Association with Palau takes effect, referred to in par. (11), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.

Amendments

1994—Pars. (1), (2). Pub. L. 103–218, §4(1), (2), added par. (1) and redesignated former par. (1) as (2). Former par. (2) redesignated (3).

Par. (3). Pub. L. 103–218, §4(1), redesignated par. (2) as (3). Former par. (3) redesignated (7).

Par. (3)(E). Pub. L. 103–218, §4(3), substituted “the family members, guardians, advocates, or authorized representatives of such an individual; and” for “family of an individual with disabilities; and”.

Pars. (4) to (6). Pub. L. 103–218, §4(1), (4), added pars. (4) to (6) and redesignated former pars. (4), (5), and (6) as (8), (10), and (11), respectively.

Par. (7). Pub. L. 103–218, §4(5), added par. (7) and struck out heading and text of former par. (7) which defined “individual with disabilities”.

Pub. L. 103–218, §4(1), redesignated par. (3) as (7). Former par. (7) redesignated (13).

Par. (8). Pub. L. 103–218, §4(6), substituted “section 1141(a) of title 20” for “section 1085(b) of title 20”.

Pub. L. 103–218, §4(1), redesignated par. (4) as (8). Former par. (8) redesignated (14).

Par. (9). Pub. L. 103–218, §4(7), added par. (9).

Par. (10). Pub. L. 103–218, §4(1), redesignated par. (5) as (10).

Par. (11). Pub. L. 103–218, §4(8), substituted “several States of the United States” for “several States”, “United States Virgin Islands” for “Virgin Islands”, and “the Republic of Palau (until the Compact of Free Association with Palau takes effect)” for “the Trust Territory of the Pacific Islands”.

Pub. L. 103–218, §4(1), redesignated par. (6) as (11).

Par. (12). Pub. L. 103–218, §4(9), added par. (12).

Par. (13). Pub. L. 103–218, §4(10), substituted “assistance provided through systems change and advocacy activities” for “functions performed and activities carried out under section 2211 of this title” and inserted “any of subparagraphs (A) through (K) of” before “section 2201(b)(1) of this title”.

Pub. L. 103–218, §4(1), redesignated par. (7) as (13).

Par. (14). Pub. L. 103–218, §4(11), amended heading and text of par. (14) generally. Prior to amendment, text read as follows: “The term ‘underserved group’ means any group of individuals with disabilities who, because of disability, place of residence, geographic location, age, race, sex, or socioeconomic status, have not historically sought, been eligible for, or received technology-related assistance.”

Pub. L. 103–218, §4(1), redesignated par. (8) as (14).

Section Referred to in Other Sections

This section is referred to in sections 706, 771a of this title.