29 U.S.C. § 3006 : US Code - Section 3006: Administrative provisions

Search 29 U.S.C. § 3006 : US Code - Section 3006: Administrative provisions

(a) General administration
(1) In general
Notwithstanding any other provision of law, the Assistant
Secretary for Special Education and Rehabilitative Services of
the Department of Education, acting through the Rehabilitation
Services Administration, shall be responsible for the
administration of this chapter.
(2) Collaboration
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.
(3) Administration
In administering this chapter, the Rehabilitation Services
Administration 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 Education, 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.