29 U.S. Code § 3006 - Administrative provisions

(a) General administration

(1) In general

Notwithstanding any other provision of law, the Administrator of the Administration for Community Living shall be responsible for the administration of this chapter.

(2) Collaboration

The Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this chapter.

(3) Administration

In administering this chapter, the Administrator of the Administration for Community Living shall ensure that programs funded under this chapter will address the needs of individuals with disabilities of all ages, whether the individuals will use the assistive technology to obtain or maintain employment, to obtain education, or for other reasons.

(4) Orderly transition

(A) In general

The Secretary shall take such steps as the Secretary determines to be appropriate to provide for the orderly transition to, and implementation of, programs authorized by this chapter, from programs authorized by this chapter, as in effect on the day before October 25, 2004.

(B) Cessation of effectiveness

Subparagraph (A) ceases to be effective on the date that is 6 months after October 25, 2004.

(b) Review of participating entities

(1) In general

The Secretary shall assess the extent to which entities that receive grants under this chapter are complying with the applicable requirements of this chapter and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants.

(2) 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, including the information required under subsection (d).

(c) Corrective action and sanctions

(1) Corrective action

If the Secretary determines that an entity that receives a grant under this chapter fails to substantially comply with the applicable requirements of this chapter, or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the grant program, the Secretary shall assist the entity, through technical assistance funded under section 3005 of this title or other means, within 90 days after such determination, to develop a corrective action plan.

(2) Sanctions

If the entity fails to develop and comply with a corrective action plan described in paragraph (1) during a fiscal year, the entity shall be subject to 1 of the following corrective actions selected by the Secretary:

(A) Partial or complete termination of funding under the grant program, until the entity develops and complies with such a plan.

(B) Ineligibility to participate in the grant program in the following year.

(C) Reduction in the amount of funding that may be used for indirect costs under section 3003 of this title for the following year.

(D) Required redesignation of the lead agency designated under section 3003(c)(1) 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 determined to be in noncompliance with the applicable requirements of this chapter, or have not made substantial progress toward achieving the measurable goals described in subsection (b)(1).

(4) Secretarial action

As part of the annual report required under subsection (d), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action.

(5) Public notification

The Secretary shall notify the public, by posting on the Internet website of the Department of Health and Human Services, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action.

(d) Annual report to Congress

(1) In general

Not later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, 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—

(A) a compilation and summary of the information provided by the States in annual progress reports submitted under section 3003(f) of this title; and

(B) a summary of the State applications described in section 3003(d) of this title and an analysis of the progress of the States in meeting the measurable goals established in State applications under section 3003(d)(3) of this title.

(e) Construction

Nothing in this section shall be construed to affect the enforcement authority of the Secretary, another Federal officer, or a court under part D of the General Education Provisions Act (20 U.S.C. 1234 et seq.) or other applicable law.

(f) Effect on other assistance

This chapter may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefit or service, under any other Federal law.

(g) Rule

This chapter (as in effect on the day before October 25, 2004) shall apply to funds appropriated under this chapter for fiscal year 2004.

(Pub. L. 105–394, § 7, as added Pub. L. 108–364, § 2, Oct. 25, 2004, 118 Stat. 1734; amended Pub. L. 113–128, title IV, § 491(o)(3), July 22, 2014, 128 Stat. 1698; Pub. L. 117–263, div. E, title LIV, § 5402, Dec. 23, 2022, 136 Stat. 3286.)+

Amendment of Section

Pub. L. 117–263, div. E, title LIV, §§ 5402, 5403, Dec. 23, 2022, 136 Stat. 3286, 3289, provided that, effective on the day that is 6 months after Dec. 23, 2022, this section is amended to read as follows:

§ 3006. Projects of national significance

(a) Definition of project of national significance

In this section, the term “project of national significance”—

(1) means a project that—

(A) increases access to, and acquisition of, assistive technology; and

(B) creates opportunities for individuals with disabilities to directly and fully contribute to, and participate in, all facets of education, employment, community living, and recreational activities; and

(2) may—

(A) develop and expand partnerships between State Medicaid agencies and recipients of grants under section 3003 of this title to reutilize durable medical equipment;

(B) increase collaboration between the recipients of grants under section 3003 of this title and States receiving grants under the Money Follows the Person Rebalancing Demonstration under section 6071 of the Deficit Reduction Act of 2005 [Pub. L. 109–171] (42 U.S.C. 1396a note);

(C) increase collaboration between recipients of grants under section 3003 of this title and area agencies on aging, as such term is defined in section 3002 of title 42, which may include collaboration on emergency preparedness, safety equipment, or assistive technology toolkits;

(D) provide aid to assist youth with disabilities to transition from school to adult life, especially in—

(i) finding employment and postsecondary education opportunities; and

(ii) upgrading and changing any assistive technology devices that may be needed as a youth matures;

(E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community;

(F) increase effective and efficient use of assistive technology as part of early intervention for infants and toddlers with disabilities from birth to age 3;

(G) increase awareness of and access to the Disability Funds-Financial Assistance funding provided by the Community Development Financial Institutions Fund that supports acquisition of assistive technology; and

(H) increase awareness of and access to assistive technology, such as through models described in subclauses (I) through (IV) of section 3003(e)(2)(A)(iii) of this title and other Federally funded disability programs.

(b) Projects authorized

If funds are available pursuant to section 3008(c) of this title to carry out this section for a fiscal year, the Secretary may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance.

(c) Application

A public or private nonprofit entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing a description of the project of national significance the entity proposes to carry out under this section.

(d) Award preference

For each grant award period, the Secretary may give preference for 1 or more categories of projects of national significance described in subparagraphs (A) through (H) of subsection (a)(2).

(e) Minimum funding level required

The Secretary may only award grants, contracts, or cooperative agreements under this section if the amount made available under section 3008 of this title to carry out sections 3003, 3004, and 3005 of this title is equal to or greater than $49,000,000.

See 2022 Amendment note below.

Editorial Notes

References in Text

The General Education Provisions Act, referred to in subsec. (e), is title IV of Pub. L. 90–247, Jan. 2, 1968, 81 Stat. 814. Part D of the Act is classified generally to subchapter IV (§ 1234 et seq.) of chapter 31 of Title 20, Education. For complete classification of this Act to the Code, see section 1221 of Title 20 and Tables.

Amendments

2022—Pub. L. 117–263 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (g) establishing administrative provisions.

2014—Subsec. (a)(1). Pub. L. 113–128, § 491(o)(3)(A)(i), substituted “the Administrator of the Administration for Community Living” for “the Assistant Secretary for Special Education and Rehabilitative Services of the Department of Education, acting through the Rehabilitation Services Administration,”.

Subsec. (a)(2). Pub. L. 113–128, § 491(o)(3)(A)(ii), substituted “The Administrator of the Administration for Community Living shall consult with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the National Institute on Disability, Independent Living, and Rehabilitation Research, and other appropriate Federal entities in the administration of this chapter.” for “The Assistant Secretary for Special Education and Rehabilitative Services shall consult with the Office of Special Education Programs, the Rehabilitation Services Administration, and the National Institute on Disability and Rehabilitation Research in the Office of Special Education and Rehabilitative Services, and appropriate Federal entities in the administration of this chapter.”

Subsec. (a)(3). Pub. L. 113–128, § 491(o)(3)(A)(iii), substituted “the Administrator of the Administration for Community Living” for “the Rehabilitation Services Administration”.

Subsec. (c)(5). Pub. L. 113–128, § 491(o)(3)(B), substituted “Health and Human Services” for “Education”.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Pub. L. 117–263 effective on the day that is 6 months after Dec. 23, 2022, see section 5403 of Pub. L. 117–263, set out as a note under section 3001 of this title.

Change of Name

Committee on Education and the Workforce of House of Representatives changed to Committee on Education and Labor of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019.