29 U.S.C. § 3002 — Definitions

Page 802 TITLE 29—LABOR § 3002 ing provisions set out as notes under this section] may be cited as the ‘21st Century Assistive Technology Act’.’’ SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–364, § 1, Oct. 25, 2004, 118 Stat. 1707, pro- vided that: ‘‘This Act [enacting sections 3003 to 3007 of this title, amending this section, sections 763, 781, 792, and 3002 of this title, and sections 15024, 15025, 15043, and 15064 of Title 42, The Public Health and Welfare, omit- ting sections 3011 to 3015, 3031 to 3037, and 3051 to 3058 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Assistive Tech- nology Act of 2004’.’’ SHORT TITLE Pub. L. 105–394, § 1(a), Nov. 13, 1998, 112 Stat. 3627, as amended by Pub. L. 108–364, § 2, Oct. 25, 2004, 118 Stat. 1707; Pub. L. 117–263, div. E, title LIV, § 5402, Dec. 23, 2022, 136 Stat. 3260, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Assistive Technology Act of 1998’.’’ § 3002. Definitions In this chapter: (1) Adult service program The term ‘‘adult service program’’ means a program that provides services to, or is other- wise substantially involved with the major life functions of, individuals with disabilities. Such term includes— (A) a program providing residential, sup- portive, or employment-related services, to individuals with disabilities; (B) a program carried out by a center for independent living, such as a center de- scribed in part C of title VII of the Rehabili- tation Act of 1973 (29 U.S.C. 796f et seq.); (C) a program carried out by an employ- ment support agency connected to adult vo- cational rehabilitation, such as a one-stop partner, as defined in section 3102 of this title; and (D) a program carried out by another orga- nization or vender licensed or registered by the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705). (2) American Indian consortium The term ‘‘American Indian consortium’’ means an entity that is an American Indian Consortium (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)), and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle C of title I of such Act (42 U.S.C. 15041 et seq.). (3) Assistive technology The term ‘‘assistive technology’’ means technology designed to be utilized in an assist- ive technology device or assistive technology service. (4) Assistive technology device The term ‘‘assistive technology device’’ means any item, piece of equipment, or prod- uct system, whether acquired commercially, modified, or customized, that is used to in- crease, maintain, or improve functional capa- bilities of individuals with disabilities. (5) Assistive technology service The term ‘‘assistive technology service’’ means any service that directly assists an in- dividual with a disability in the selection, ac- quisition, or use of an assistive technology de- vice. Such term includes— (A) the evaluation of the assistive tech- nology needs of an individual with a dis- ability, including a functional evaluation of the impact of the provision of appropriate assistive technology devices and services to the individual in the customary environ- ment of the individual; (B) a service consisting of purchasing, leasing, or otherwise providing for the acqui- sition of assistive technology devices by in- dividuals with disabilities; (C) a service consisting of selecting, de- signing, fitting, customizing, adapting, ap- plying, maintaining, repairing, replacing, or donating assistive technology devices; (D) coordination and use of necessary therapies, interventions, or services with as- sistive technology devices, such as thera- pies, interventions, or services associated with education and rehabilitation plans and programs; (E) instruction or technical assistance for an individual with a disability or, where ap- propriate, the family members, guardians, advocates, or authorized representatives of such an individual; (F) instruction or technical assistance for professionals (including individuals pro- viding education and rehabilitation services and entities that manufacture or sell assist- ive technology devices), employers, pro- viders of employment and training services, or other individuals who provide services to, employ, or are otherwise substantially in- volved in the major life functions of individ- uals with disabilities; and (G) a service consisting of expanding the availability of access to technology, includ- ing electronic and information technology, to individuals with disabilities. (6) Capacity building and advocacy activities The term ‘‘capacity building and advocacy activities’’ means efforts that— (A) result in laws, regulations, policies, practices, procedures, or organizational structures that promote consumer-respon- sive programs or entities; and (B) facilitate and increase access to, provi- sion of, and funding for assistive technology devices and assistive technology services, in order to empower individuals with disabil- ities to achieve greater independence, pro- ductivity, and integration and inclusion within the community and the workforce. (7) Comprehensive statewide program of tech- nology-related assistance The term ‘‘comprehensive statewide pro- gram of technology-related assistance’’ means a consumer-responsive program of technology- related assistance for individuals with disabil- ities that— (A) is implemented by a State; (B) is equally available to all individuals with disabilities residing in the State, re- Page 803 TITLE 29—LABOR § 3002 gardless of their type of disability, age, in- come level, or location of residence in the State, or the type of assistive technology de- vice or assistive technology service required; and (C) incorporates all the activities de- scribed in section 3003(e) of this title (unless excluded pursuant to section 3003(e)(5) of this title). (8) Consumer-responsive The term ‘‘consumer-responsive’’— (A) with regard to policies, means that the policies are consistent with the principles of— (i) respect for individual dignity, per- sonal responsibility, self-determination, and pursuit of meaningful careers, based on informed choice, of individuals with disabilities; (ii) respect for the privacy, rights, and equal access (including the use of acces- sible formats) of such individuals; (iii) inclusion, integration, and full par- ticipation of such individuals in society; (iv) support for the involvement in deci- sions of a family member, a guardian, an advocate, or an authorized representative, if an individual with a disability requests, desires, or needs such involvement; and (v) support for individual and systems advocacy and community involvement; and (B) with respect to an entity, program, or activity, means that the entity, program, or activity— (i) is easily accessible to, and usable by, individuals with disabilities and, when ap- propriate, their family members, guard- ians, advocates, or authorized representa- tives; (ii) responds to the needs of individuals with disabilities in a timely and appro- priate manner; and (iii) facilitates the full and meaningful participation of individuals with disabil- ities and their family members, guardians, advocates, and authorized representatives, in— (I) decisions relating to the provision of assistive technology devices and as- sistive technology services to such indi- viduals; and (II) decisions related to the mainte- nance, improvement, and evaluation of the comprehensive statewide program of technology-related assistance, including decisions that affect capacity building and advocacy activities. (9) Disability The term ‘‘disability’’ has the meaning given the term under section 12102 of title 42. (10) Individual with a disability The term ‘‘individual with a disability’’ means any individual— (A) who has a disability; and (B) who is or would be enabled by an as- sistive technology device or an assistive technology service to minimize deteriora- tion in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in any major life activity. (11) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given such term in section 1001(a) of title 20, and includes a community college receiving funding under the Tribally Controlled Colleges and Universities Assist- ance Act of 1978 (25 U.S.C. 1801 et seq.). (12) Protection and advocacy services The term ‘‘protection and advocacy serv- ices’’ means services that— (A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.), the Protection and Advocacy for In- dividuals with Mental Illness Act (42 U.S.C. 10801 et seq.), or section 509 of the Rehabili- tation Act of 1973 (29 U.S.C. 794e); and (B) assist individuals with disabilities with respect to assistive technology devices and assistive technology services. (13) Secretary The term ‘‘Secretary’’ means the Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living. (14) State (A) In general Except as provided in subparagraph (B), the term ‘‘State’’ means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Common- wealth of the Northern Mariana Islands. (B) Outlying areas In section 3003(b) of this title: (i) Outlying area The term ‘‘outlying area’’ means the United States Virgin Islands, Guam, Amer- ican Samoa, and the Commonwealth of the Northern Mariana Islands. (ii) State The term ‘‘State’’ does not include the United States Virgin Islands, Guam, Amer- ican Samoa, and the Commonwealth of the Northern Mariana Islands. (15) State assistive technology program The term ‘‘State assistive technology pro- gram’’ means a program authorized under sec- tion 3003 of this title. (16) Targeted individuals and entities The term ‘‘targeted individuals and enti- ties’’ means— (A) individuals with disabilities and their family members, guardians, advocates, and authorized representatives; (B) underrepresented populations; (C) individuals who work for public or pri- vate entities (including centers for inde- pendent living described in part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.), insurers, or managed care providers) that have contact with, or Page 804 TITLE 29—LABOR § 3003 provide services to, individuals with disabil- ities; (D) educators and related services per- sonnel, including personnel in elementary, secondary, and postsecondary schools, and in vocational and early intervention programs; (E) technology experts (including web de- signers and procurement officials); (F) health, allied health, and rehabilita- tion professionals, and employees of hos- pitals, skilled nursing, intermediate care, and assisted living facilities (including dis- charge planners); (G) employers, especially small business employers, and providers of employment and training services; (H) entities that manufacture or sell as- sistive technology devices; (I) entities that carry out community pro- grams designed to develop essential commu- nity services in rural and urban areas; and (J) other appropriate individuals and enti- ties, including public and private entities in- volved in housing and transportation, as de- termined for a State by the State. (17) Underrepresented population The term ‘‘underrepresented population’’ means a population that is typically underrep- resented in service provision, and includes populations such as individuals who have low- incidence disabilities, racial and ethnic mi- norities, low income individuals, homeless in- dividuals (including children and youth), chil- dren in foster care, individuals with limited English proficiency, individuals living in insti- tutions seeking to transition to the commu- nity from institutional settings, youth with disabilities aging into adulthood, older indi- viduals, or individuals living in rural areas. (18) Universal design The term ‘‘universal design’’ means a con- cept or philosophy for designing and delivering products and services that are usable by peo- ple with the widest possible range of func- tional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are interoperable with as- sistive technologies. (Pub. L. 105–394, § 3, Nov. 13, 1998, 112 Stat. 3631; Pub. L. 106–402, title IV, § 401(b)(4)(A), Oct. 30, 2000, 114 Stat. 1738; Pub. L. 108–364, § 2, Oct. 25, 2004, 118 Stat. 1709; Pub. L. 110–315, title IX, § 941(k)(2)(K), Aug. 14, 2008, 122 Stat. 3467; Pub. L. 113–128, title IV, § 491(o)(1), title V, § 512(b)(1), July 22, 2014, 128 Stat. 1698, 1705; Pub. L. 117–263, div. E, title LIV, § 5402, Dec. 23, 2022, 136 Stat. 3261.) Editorial Notes REFERENCES IN TEXT The Rehabilitation Act of 1973, referred to in pars. (1)(B) and (16)(C), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355. Part C of title VII of the Act probably should have been a reference to part C of chapter 1 of title VII of the Act, which is classified generally to subpart 3 (§ 796f et seq.) of part A of subchapter VII of chapter 16 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables. The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in pars. (2) and (12)(A), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitle C of title I of the Act is classified generally to part C (§ 15041 et seq.) of subchapter I of chapter 144 of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 15001 of Title 42 and Tables. The Tribally Controlled Colleges and Universities As- sistance Act of 1978, referred to in par. (11), is Pub. L. 95–471, Oct. 17, 1978, 92 Stat. 1325, which is classified principally to chapter 20 (§ 1801 et seq.) of Title 25, Indi- ans. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 25 and Tables. The Protection and Advocacy for Individuals with Mental Illness Act, referred to in par. (12)(A), is Pub. L. 99–319, May 23, 1986, 100 Stat. 478, which is classified generally to chapter 114 (§ 10801 et seq.) 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 10801 of Title 42 and Tables. AMENDMENTS 2022—Pub. L. 117–263 amended section generally. Prior to amendment, section defined terms for this chapter. 2014—Par. (1)(C). Pub. L. 113–128, § 512(b)(1), sub- stituted ‘‘such as a one-stop partner, as defined in sec- tion 3102 of this title’’ for ‘‘such as a one-stop partner, as defined in section 2801 of this title’’. Par. (13). Pub. L. 113–128, § 491(o)(1), substituted ‘‘Health and Human Services’’ for ‘‘Education’’. 2008—Par. (11). Pub. L. 110–315 substituted ‘‘the Trib- ally Controlled Colleges and Universities Assistance Act of 1978’’ for ‘‘the Tribally Controlled College or University Assistance Act of 1978’’. 2004—Pub. L. 108–364 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) and (b) relating to definitions and ref- erences. 2000—Subsec. (a)(11)(A). Pub. L. 106–402 substituted ‘‘subtitle C of the Developmental Disabilities Assist- ance and Bill of Rights Act of 2000’’ for ‘‘part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.)’’. 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. EFFECTIVE DATE OF 2014 AMENDMENT Amendment by section 512(b)(1) of Pub. L. 113–128 ef- fective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under sec- tion 3101 of this title. § 3003. Grants for State assistive technology pro- grams (a) Grants to States The Secretary shall award grants under sub- section (b) to States to maintain a comprehen- sive statewide program of assistive technology- related assistance described in subsection (e) through State assistive technology programs that are designed to— (1) maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and au- thorized representatives, to obtain assistive technology; and