1997 U.S. Code
Title 29 - LABOR
CHAPTER 24 - TECHNOLOGY RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES
SUBCHAPTER I - GRANTS TO STATES
Sec. 2215 - Administrative provisions

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§2215. Administrative provisions (a) Review of participating States (1) In general

The Secretary shall establish a system to assess the extent to which States that receive grants pursuant to this subchapter are making significant progress in achieving the purposes of this subchapter, consistent with the guidelines established under section 2214(a) of this title.

(2) Onsite visits (A) Visits (i) Development grant program

The Secretary shall conduct an onsite visit during the final year of each State's participation in the development grant program.

(ii) Extension grant program

Except as provided in clause (iii), the Secretary shall conduct an additional onsite visit to any State that applies for a second extension grant under section 2213(a)(2) of this title and whose initial onsite visit occurred prior to March 9, 1994. The Secretary shall conduct any such visit to the State not later than 12 months after the date on which the Secretary awards the second extension grant.

(iii) Determination

The Secretary shall not be required to conduct a visit described in clause (ii) 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 consumer-responsive comprehensive statewide program of technology-related assistance.

(B) Team

Two-thirds of the onsite monitoring team in each case shall be qualified peer reviewers, who—

(i) shall not be lead agency personnel;

(ii) shall be from States other than the State being monitored; and

(iii) shall include an individual with a disability, or a family member, a guardian, an advocate, or an authorized representative of such an individual.

(C) Compensation (i) Officers or employees

Members of any onsite monitoring team who are officers or full-time employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States, but may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5702 of title 5 for individuals in the Government service traveling on official business.

(ii) Other members

Members of any onsite monitoring team who are not officers or full-time employees of the United States shall receive compensation at a rate not to exceed the daily equivalent of the rate of pay for level IV of the Executive Schedule under section 5315 of title 5 for each day (including traveltime) during which such members are engaged in the actual performance of their duties as members of an onsite monitoring team. In addition, such members may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for individuals in the Government service employed intermittently.

(D) Report

The Secretary shall prepare a report of findings from the onsite visit. The Secretary shall consider the findings in determining whether to continue funding the program either with or without changes. The report shall be available to the public.

(3) Advance public notice

The Secretary shall provide advance public notice of the onsite visit and solicit public comment through such notice from individuals with disabilities and their family members, guardians, advocates, and authorized representatives, public service providers and private service providers, educators and related services personnel, technology experts (including engineers), employers, and other appropriate individuals and entities, regarding the State program funded through a grant made under section 2212 or 2213 of this title. The public comment solicitation notice shall be included in the onsite visit report described in paragraph (2).

(4) Minimum requirements

At a minimum the visits shall allow the Secretary to determine the extent to which the State is making significant progress in developing a consumer-responsive comprehensive statewide program of technology-related assistance consistent with the purposes described in section 2201(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 plan (1) In general

Any State that fails to comply with the requirements of this subchapter shall be subject to a corrective action plan.

(2) Corrective actions

A State that fails to comply with the requirements of this subchapter may be subject to corrective actions such as—

(A) partial or complete fund termination;

(B) ineligibility to participate in the grant program in the following year;

(C) reduction in funding for the following year; or

(D) required redesignation of the lead agency, in accordance with subsection (c) of this section.

(3) Appeals procedures

The Secretary shall establish appeals procedures for States that are found in noncompliance with the provisions of this subchapter as the result of an onsite visit or failure to supply information required under subsection (a)(5) of this section.

(c) Redesignation of lead agency (1) Monitoring panel (A) Appointment

Once a State becomes subject to a corrective action plan pursuant to subsection (b) of this section, the Governor of the State, subject to approval by the Secretary, shall appoint, within 30 days after the submission of the plan to the Secretary, a monitoring panel consisting of the following representatives:

(i) The head of the lead agency designated by the Governor.

(ii) 2 representatives from different public or private nonprofit organizations that represent the interests of individuals with disabilities.

(iii) 2 consumers who are users of assistive technology devices and assistive technology services and who are not—

(I) members of the advisory council, if any, of the consumer-responsive comprehensive statewide program of technology-related assistance; or

(II) employees of the State lead agency.

(iv) 2 service providers with knowledge and expertise in assistive technology devices and assistive technology services.

(B) Membership and chairperson

The monitoring panel shall be ethnically diverse. The panel shall select a chairperson from among the members of the panel.

(C) Information

The panel shall receive periodic reports from the State regarding progress in implementing the corrective action plan and shall have the authority to request additional information necessary to determine compliance.

(D) Meetings

The meetings of the panel to determine compliance shall be open to the public (subject to confidentiality concerns) and held at locations that are accessible to individuals with disabilities.

(E) Period

The panel shall carry out the duties of the panel for the entire period of the corrective action plan, as determined by the Secretary.

(F) Funding

The panel shall be funded by a portion of the funds received by the State under this subchapter, as directed by the Secretary.

(2) Failure to appoint monitoring panel

A failure by a Governor of a State to comply with the requirements of paragraph (1) shall result in the termination of funding for the State under this subchapter.

(3) Determination (A) Panel

Based on its findings, a monitoring panel may determine that a lead agency designated by a Governor has not accomplished the purposes described in section 2201(b)(1) of this title and that there is good cause for redesignation of the agency and the temporary loss of funds by the State under this subchapter.

(B) Good cause

In this paragraph, the term “good cause” includes—

(i) lack of progress with employment of qualified staff;

(ii) lack of consumer-responsive activities;

(iii) lack of resource allocation to systems change and advocacy activities;

(iv) lack of progress with meeting the assurances in section 2212(e) of this title; or

(v) inadequate fiscal management.

(C) Recommendation and action

If a monitoring panel makes such a determination, the panel shall recommend to the Secretary that further remedial action be taken or that the Secretary order the Governor to redesignate the lead agency within 90 days or lose funds under this subchapter. The Secretary, based on the findings and recommendations of the monitoring panel, and after providing to the public notice and an opportunity for comment, shall make a final determination regarding whether to order the Governor to redesignate the lead agency. The Governor shall make any such redesignation in accordance with the requirements that apply to designations under section 2212(d) of this title.

(d) Change of protection and advocacy services provider (1) Determination

The Governor of a State, based on input from individuals with disabilities and their family members, guardians, advocates, or authorized representatives, may determine that the entity providing protection and advocacy services required by section 2212(e)(20) of this title (referred to in this subsection as the “first entity”) has not met the protection and advocacy service needs of the individuals with disabilities and their family members, guardians, advocates, or authorized representatives, for securing funding for and access to assistive technology devices and assistive technology services, and that there is good cause to provide the protection and advocacy services for the State through a contract with a second entity.

(2) Notice and opportunity to be heard

On making such a determination, the Governor may not enter into a contract with a second entity to provide the protection and advocacy services unless good cause exists and unless—

(A) the Governor has given the first entity 30 days notice of the intention to enter into such contract, including specification of the good cause, and an opportunity to respond to the assertion that good cause has been shown;

(B) individuals with disabilities and their family members, guardians, advocates, or authorized representatives, have timely notice of the determination and opportunity for public comment; and

(C) the first entity has the opportunity to appeal the determination to the Secretary within 30 days of the determination on the basis that there is not good cause to enter into the contract.

(3) Redesignation (A) In general

When the Governor of a State determines that there is good cause to enter into a contract with a second entity to provide the protection and advocacy services, the Governor shall hold an open competition within the State and issue a request for proposals by entities desiring to provide the services.

(B) Timing

The Governor shall not issue such request until the first entity has been given notice and an opportunity to respond. If the first entity appeals the determination to the Secretary in accordance with paragraph (2)(C), the Governor shall issue such request only if the Secretary decides not to overturn the determination of the Governor. The Governor shall issue such request within 30 days after the end of the period during which the first entity has the opportunity to respond, or after the decision of the Secretary, as appropriate.

(C) Procedure

Such competition shall be open to entities with the same expertise and ability to provide legal services as a system referred to in section 2212(e)(20) of this title. The competition shall ensure public involvement, including a public hearing and adequate opportunity for public comment.

(e) Annual report (1) In general

Not later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Congress, a report on Federal initiatives, including the initiatives 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 such Federal initiatives at the Federal and State levels in improving interagency coordination, streamlining access to funding for assistive technology, and producing beneficial outcomes for users of assistive technology;

(B) the demonstration activities carried out through the Federal initiatives 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 Federal initiatives to promote such access in public programs and the health care system and the efforts carried out through such activities to train professionals in a variety of relevant disciplines, and increase the competencies of the professionals with respect to technology-related assistance;

(D) the education and training activities carried out through the Federal initiatives to train individuals with disabilities and their family members, guardians, advocates, or authorized representatives, individuals who work for public agencies, or for private entities (including insurers), that have contact with individuals with disabilities, educators and related services personnel, technology experts (including engineers), employers, and other appropriate individuals, about technology-related assistance;

(E) the education and training activities carried out through Federal initiatives to promote awareness of available funding in public programs;

(F) the research activities carried out through the Federal initiatives 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;

(G) the program outreach activities to rural and inner-city areas that are carried out through the Federal initiatives;

(H) the activities carried out through the Federal initiatives that are targeted to reach underrepresented populations and rural populations; and

(I) the consumer involvement activities in the programs carried out under this chapter.

(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. When a national classification system for assistive technology devices and assistive technology services is developed pursuant to section 2231 of this title, the Secretary shall report such information in a manner consistent with such national classification system.

(f) Interagency Disability Coordinating Council (1) Contents

On or before October 1, 1995, the Interagency Disability Coordinating Council established under section 794c of this title shall prepare and submit to the President and to the Congress a report containing—

(A) the response of the Interagency Disability Coordinating Council to—

(i) the findings of the National Council on Disability resulting from the study entitled “Study on the Financing of Assistive Technology Devices and Services for Individuals with Disabilities”, carried out in accordance with section 2231 of this title, as in effect on the day before March 9, 1994; and

(ii) the recommendations of the National Council on Disability for legislative and administrative change, resulting from such study; and

(B) information on any other activities of the Interagency Disability Coordinating Council that facilitate the accomplishment of section 2201(b)(1) of this title with respect to the Federal Government.

(2) Comments

The report shall include any comments submitted by the National Council on Disability as to the appropriateness of the response described in paragraph (1)(A) and the effectiveness of the activities described in paragraph (1)(B) in meeting the needs of individuals with disabilities for assistive technology devices and assistive technology services.

(g) 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 under any other Federal law.

(Pub. L. 100–407, title I, §105, Aug. 19, 1988, 102 Stat. 1057; Pub. L. 101–476, title IX, §901(a)(2), Oct. 30, 1990, 104 Stat. 1142; Pub. L. 103–218, title I, §105, Mar. 9, 1994, 108 Stat. 76.)

Amendments

1994—Subsec. (a)(1). Pub. L. 103–218, §105(a)(1), inserted before period at end “, consistent with the guidelines established under section 2214(a) of this title”.

Subsec. (a)(2). Pub. L. 103–218, §105(a)(2), added par. (2) and struck out heading and text of former par. (2). Text read as follows:

“(A) The Secretary shall conduct an onsite visit during the final year of each State's participation in the development grant program. Two-thirds of the onsite monitoring team in each case shall be qualified peer reviewers from other participating States.

“(B)(i) Members of any onsite monitoring team who are officers or full-time employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States, but they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5702 of title 5 for individuals in the Government service traveling on official business.

“(ii) Members of any onsite monitoring team who are not officers or full-time employees of the United States shall receive compensation at a rate not to exceed the daily equivalent of the pay rate specified for GS–18 of the General Schedule under section 5332 of title 5 for each day (including traveltime) during which such members are engaged in the actual performance of their duties as members of an onsite monitoring team. In addition, such members may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for individuals in the Government service employed intermittently.”

Subsec. (a)(3). Pub. L. 103–218, §105(a)(4), added par. (3). Former par. (3) redesignated (4).

Subsec. (a)(4). Pub. L. 103–218, §105(a)(5), substituted “consumer-responsive comprehensive statewide program” for “statewide program”.

Pub. L. 103–218, §105(a)(3), redesignated par. (3) as (4). Former par. (4) redesignated (5).

Subsec. (a)(5). Pub. L. 103–218, §105(a)(3), redesignated par. (4) as (5).

Subsec. (b)(2). Pub. L. 103–218, §105(b)(1)(A), (B), substituted “Corrective actions” for “Penalties” in heading and “corrective actions” for “penalties” in introductory provisions.

Subsec. (b)(2)(D). Pub. L. 103–218, §105(b)(1)(C)–(E), added subpar. (D).

Subsec. (b)(3). Pub. L. 103–218, §105(b)(2), substituted “subsection (a)(5) of this section” for “subsection (a)(4) of this section”.

Subsec. (c). Pub. L. 103–218, §105(c), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “Nothing in this subchapter shall be construed to permit the State or any Federal agency to reduce medical or other assistance available or to alter eligibility under—

“(1) title II, V, XVI, XVIII, XIX, or XX of the Social Security Act;

“(2) the Individuals with Disabilities Education Act;

“(3) the Rehabilitation Act of 1973; or

“(4) laws relating to veterans’ benefits.”

Subsecs. (d) to (g). Pub. L. 103–218, §105(c)(2), added subsecs. (d) to (g).

1990—Subsec. (c)(2). Pub. L. 101–476 substituted “Individuals with Disabilities Education Act” for “Education of the Handicapped Act”.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101–476, set out as a note under section 1087ee of Title 20, Education.

Section Referred to in Other Sections

This section is referred to in sections 2213, 2216 of this title.