Page 761 TITLE 29—LABOR § 2216

(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.

§ 2216. Authorization of appropriations

(a) Authorization of appropriations

There are authorized to be appropriated to

carry out this subchapter $50,000,000 for fiscal

year 1994, and such sums as may be necessary for

each of the fiscal years 1995 through 1998.

(b) Reservations

(1) Provision of information and technical assistance

(A) In general

Of the funds appropriated for any fiscal

year under subsection (a) of this section, the

Secretary shall reserve at least 2 percent or

$1,500,000, whichever is greater, of such

funds, for the purpose of providing information and technical assistance as described in

subparagraphs (B) and (C) to States, individuals with disabilities and their family members, guardians, advocates, or authorized

representatives, community-based organizations, and protection and advocacy agencies.

(B) Technical assistance to States

In providing such information and technical assistance to States, the Secretary

shall consider the input of the directors of

consumer-responsive comprehensive statewide programs of technology-related assistance, shall provide a clearinghouse for activities that have been developed and implemented through programs funded under this

subchapter, and shall provide information

and technical assistance that—

(i) facilitate service delivery capacity

building, training of personnel from a variety of disciplines, and improvement of

evaluation strategies, research, and data

collection;

(ii) foster the development and replication of effective approaches to information

referral, interagency coordination of training and service delivery, outreach to

underrepresented populations and rural

populations, and public awareness activities;

(iii) improve the awareness and adoption

of successful approaches to increasing the

availability of public and private funding

for and access to the provision of assistive

technology devices and assistive tech-
§ 2216 TITLE 29—LABOR Page 762

nology services by appropriate State agencies;

(iv) assist in planning, developing, implementing, and evaluating appropriate activities to further extend consumer-responsive comprehensive statewide programs of technology-related assistance;

(v) promote effective approaches to the

development of consumer-controlled systems that increase access to, funding for,

and awareness of, assistive technology devices and assistive technology services;

(vi) provide technical assistance and

training to the entities carrying out activities funded pursuant to this subchapter, to establish or participate in electronic communication activities with

other States; and

(vii) provide any other appropriate information and technical assistance to assist

the States in accomplishing the purposes

of this chapter.

(C) Information and technical assistance to

individuals with disabilities and other

persons

The Secretary shall provide information

and technical assistance to individuals with

disabilities and their family members,

guardians, advocates, or authorized representatives, community-based organizations, and protection and advocacy agencies,

on a nationwide basis, to—

(i) disseminate information about, and

foster awareness and understanding of,

Federal, State, and local laws, regulations,

policies, practices, procedures, and organizational structures, that facilitate, and

overcome barriers to, funding for, and access to, assistive technology devices and

assistive technology services, to promote

fuller independence, productivity, and inclusion for individuals with disabilities of

all ages;

(ii) identify, collect, and disseminate information, and provide technical assistance, on effective systems change and advocacy activities;

(iii) improve the understanding and use

of assistive technology funding decisions

made as a result of policies, practices, and

procedures, or through regulations, administrative hearings, or legal actions, that

enhance access to funding for assistive

technology devices and assistive technology services for individuals with disabilities;

(iv) promote effective approaches to Federal-State coordination of programs for individuals with disabilities, through information dissemination and technical assistance activities in response to funding policy issues identified on a nationwide basis

by organizations, and individuals, that improve funding for or access to assistive

technology devices and assistive technology services for individuals with disabilities of all ages; and

(v) promote effective approaches to the

development of consumer-controlled systems that increase access to, funding for,

and awareness of, assistive technology devices and assistive technology services, including the identification and description

of mechanisms and means that successfully support self-help and peer mentoring

groups for individuals with disabilities.

(D) Coordination

The Secretary shall coordinate the information and technical assistance activities

carried out under subparagraph (B) or (C)

with other activities funded under this chapter.

(E) Grants, contracts, or cooperative agreements

(i) In general

The Secretary shall provide the technical assistance and information described

in subparagraphs (B) and (C) through

grants, contracts, or cooperative agreements with public or private agencies and

organizations, including institutions of

higher education, with documented experience, expertise, and capacity to carry out

identified activities related to the provision of such technical assistance and information.

(ii) Entities with expertise in assistive

technology service delivery, interagency coordination, and systems

change and advocacy activities

For the purpose of achieving the objectives described in paragraph (1)(B), the

Secretary shall reserve not less than 45

percent and not more than 55 percent of

the funds reserved under subparagraph (A)

for each fiscal year for grants to, or contracts or cooperative agreements with,

public or private agencies or organizations

with documented experience with and expertise in assistive technology service delivery, interagency coordination, and systems change and advocacy activities.

(iii) Entities with expertise in assistive

technology systems change and advocacy activities, public funding options,

and other services

For the purpose of achieving the objectives described in paragraph (1)(C), the

Secretary shall reserve not less than 45

percent and not more than 55 percent of

the funds reserved under subparagraph (A)

for each fiscal year for grants to, or contracts or cooperative agreements with,

public or private agencies or organizations

with documented experience with and expertise in—

(I) assistive technology systems

change and advocacy activities;

(II) public funding options; and

(III) services to increase nationwide

the availability of funding for assistive

technology devices and assistive technology services.

(iv) Application

The Secretary shall make any grants,

and enter into any contracts or cooperative agreements, under this subsection on
Page 763 TITLE 29—LABOR § 2231

a competitive basis. To be eligible to receive funds under this subsection an agency, organization, or institution shall submit an application to the Secretary at

such time, in such manner, and containing

such information, as the Secretary may

require.

(2) Onsite visits

The Secretary may reserve, from amounts

appropriated for any fiscal year under subsection (a) of this section, such sums as the

Secretary considers to be necessary for the

purposes of conducting onsite visits as required by section 2215(a)(2) of this title.

(Pub. L. 100–407, title I, §106, Aug. 19, 1988, 102

Stat. 1058; Pub. L. 103–218, title I, §106, Mar. 9,

1994, 108 Stat. 82.)

AMENDMENTS

1994—Pub. L. 103–218 amended section generally. Prior

to amendment, section read as follows:

‘‘(a) IN GENERAL.—There are authorized to be appropriated to carry out this subchapter $9,000,000 for the

fiscal year 1989 and such sums as may be necessary for

each succeeding fiscal year ending before October 1,

1993.

‘‘(b) RESERVATION.—

‘‘(1) PROVISION OF INFORMATION.—The Secretary

shall reserve 1 percent of funds appropriated in any

fiscal year under subsection (a) of this section, or

$500,000, whichever is greater, for the purpose of providing States with information and technical assistance with respect to the development and implementation of consumer-responsive statewide programs of

technology-related assistance.

‘‘(2) ONSITE VISITS.—The Secretary may reserve

from amounts appropriated in any fiscal year under

subsection (a) of this section such sums as the Secretary considers necessary for the purposes of conducting onsite visits as required by section 2215(a)(2)

of this title.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2212, 2213, 2231

of this title.

§ 2217. Repealed. Pub. L. 103–218, title I, § 107,

Mar. 9, 1994, 108 Stat. 85

Section, Pub. L. 100–407, title I, §107, Aug. 19, 1988, 102

Stat. 1058, directed Secretary of Education to conduct

national evaluation of program of grants to States authorized by this subchapter and to report to Congress

on results not later than Oct. 1, 1992.

SUBCHAPTER II—PROGRAMS OF NATIONAL

SIGNIFICANCE

PART A—NATIONAL CLASSIFICATION SYSTEM

§ 2231. Classification system

(a) System development project

(1) In general

In fiscal year 1995, the Secretary shall initiate a system development project, based on a

plan developed in consultation and coordination with other appropriate Federal and State

agencies, to develop a national classification

system for assistive technology devices and

assistive technology services, with the goal of

obtaining uniform data through such a system

on such devices and services across public programs and information and referral networks.

(2) Project plan

(A) Representatives

In developing a plan for the system development project, the Secretary shall consult

with, and coordinate activities with—

(i) representatives of Federal agencies,

including agencies that are headed by

members of the Interagency Disability Coordinating Council established under section 507 of the Rehabilitation Act of 1973

(29 U.S.C. 794c); and

(ii) as determined by the Secretary, representatives of State agencies and other

appropriate organizations that have responsibility for or are involved in the development and modification of assistive

technology devices, the provision of assistive technology devices and assistive technology services, or the dissemination of information about assistive technology devices and assistive technology services, including recipients of grants or contracts

for the provision of technical assistance to

State assistive technology projects under

section 2216(b) of this title, assistive technology reimbursement specialists, representatives of the State assistive technology projects, and representatives of organizations involved in information and

referral activities.

(B) Issues

The Secretary shall conduct such consultation, and such coordination of activities, with respect to the following:

(i) The costs and benefits, on an agencyby-agency basis, of obtaining uniform data

through a national classification system

for assistive technology devices and assistive technology services across public programs and information and referral networks.

(ii) The types of data that should be collected, including data regarding funding,

across a range of programs, including the

programs listed in subsection (c)(2) of this

section, as appropriate.

(iii) A methodology for developing a single taxonomy and nomenclature for both

assistive technology devices and assistive

technology services across a range of programs, including the programs listed in

subsection (c)(2) of this section, as appropriate.

(iv) The process for developing an appropriate data collection instrument or instruments.

(v) A methodology for collecting data

across a range of programs, including the

programs listed in subsection (c)(2) of this

section, as appropriate.

(vi) The use of a national classification

system by the Internal Revenue Service

and State finance agencies to determine

whether devices and services are assistive

technology devices or assistive technology

services for the purpose of determining

whether a deduction or credit is allowable

under title 26 or State tax law.

(3) Contracts and cooperative agreements

The Secretary may carry out this section directly, or, if necessary, by entering into con-