§ 3002. — Definitions and rule.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 29USC3002]
TITLE 29--LABOR
CHAPTER 31--ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES
Sec. 3002. Definitions and rule
(a) Definitions
In this chapter:
(1) Advocacy services
The term ``advocacy services'', except as used as part of the
term ``protection and advocacy services'', means services provided
to assist individuals with disabilities and their family members,
guardians, advocates, and authorized representatives in accessing
assistive technology devices and assistive technology services.
(2) Assistive technology
The term ``assistive technology'' means technology designed to
be utilized in an assistive technology device or assistive
technology service.
(3) Assistive technology device
The term ``assistive technology device'' means any item, piece
of equipment, or product system, whether acquired commercially,
modified, or customized, that is used to increase, maintain, or
improve functional capabilities of individuals with disabilities.
(4) Assistive technology service
The term ``assistive technology service'' means any service that
directly assists an individual with a disability in the selection,
acquisition, or use of an assistive technology device. Such term
includes--
(A) the evaluation of the assistive technology needs of an
individual with a disability, including a functional evaluation
of the impact of the provision of appropriate assistive
technology and appropriate services to the individual in the
customary environment of the individual;
(B) services consisting of purchasing, leasing, or otherwise
providing for the acquisition of assistive technology devices by
individuals with disabilities;
(C) services consisting of selecting, designing, fitting,
customizing, adapting, applying, maintaining, repairing, or
replacing assistive technology devices;
(D) coordination and use of necessary therapies,
interventions, or services with assistive technology devices,
such as therapies, interventions, or services associated with
education and rehabilitation plans and programs;
(E) training or technical assistance for an individual with
disabilities, or, where appropriate, the family members,
guardians, advocates, or authorized representatives of such an
individual; and
(F) training or technical assistance for professionals
(including individuals providing education and rehabilitation
services), employers, or other individuals who provide services
to, employ, or are otherwise substantially involved in the major
life functions of individuals with disabilities.
(5) 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-
responsive programs or entities; and
(B) facilitate and increase access to, provision of, and
funding for, assistive technology devices and assistive
technology services,
in order to empower individuals with disabilities to achieve greater
independence, productivity, and integration and inclusion within the
community and the workforce.
(6) Comprehensive statewide program of technology-related
assistance
The term ``comprehensive statewide program of technology-related
assistance'' means a consumer-responsive program of technology-
related assistance for individuals with disabilities, implemented by
a State, and equally available to all individuals with disabilities
residing in the State, regardless of their type of disability, age,
income level, or location of residence in the State, or the type of
assistive technology device or assistive technology service
required.
(7) 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, personal
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 accessible formats) of such
individuals;
(iii) inclusion, integration, and full participation of
such individuals in society;
(iv) support for the involvement in decisions 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 appropriate, their family
members, guardians, advocates, or authorized
representatives;
(ii) responds to the needs of individuals with
disabilities in a timely and appropriate manner; and
(iii) facilitates the full and meaningful participation
of individuals with disabilities (including individuals from
underrepresented populations and rural populations) and
their family members, guardians, advocates, and authorized
representatives, in--
(I) decisions relating to the provision of assistive
technology devices and assistive technology services to
such individuals; and
(II) decisions related to the maintenance,
improvement, and evaluation of the comprehensive
statewide program of technology-related assistance,
including decisions that affect advocacy, capacity
building, and capacity building and advocacy activities.
(8) Disability
The term ``disability'' means a condition of an individual that
is considered to be a disability or handicap for the purposes of any
Federal law other than this chapter or for the purposes of the law
of the State in which the individual resides.
(9) Individual with a disability; individuals with
disabilities
(A) Individual with a disability
The term ``individual with a disability'' means any
individual of any age, race, or ethnicity--
(i) who has a disability; and
(ii) who is or would be enabled by an assistive
technology device or an assistive technology service to
minimize deterioration in functioning, to maintain a level
of functioning, or to achieve a greater level of functioning
in any major life activity.
(B) Individuals with disabilities
The term ``individuals with disabilities'' means more than
one individual with a disability.
(10) Institution of higher education
The term ``institution of higher education'' has the meaning
given such term in section 1141(a) \1\ of title 20, and includes a
community college receiving funding under the Tribally Controlled
Community College Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
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\1\ See References in Text note below.
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(11) Protection and advocacy services
The term ``protection and advocacy services'' means services
that--
(A) are described in subtitle C of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 [42
U.S.C. 15041 et seq.], the Protection and Advocacy for Mentally
Ill Individuals Act of 1986 (42 U.S.C. 10801 et seq.),\1\ or
section 794e of this title; and
(B) assist individuals with disabilities with respect to
assistive technology devices and assistive technology services.
(12) Secretary
The term ``Secretary'' means the Secretary of Education.
(13) State
(A) In general
Except as provided in subparagraph (B) and section 3052 of
this title, the term ``State'' means each of the several States
of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
(B) Outlying areas
In sections 3011(c) and 3012(b) of this title:
(i) Outlying area
The term ``outlying area'' means the United States
Virgin Islands, Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands.
(ii) State
The term ``State'' does not include the United States
Virgin Islands, Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands.
(14) Targeted individuals
The term ``targeted individuals'' means--
(A) individuals with disabilities of all ages and their
family members, guardians, advocates, and authorized
representatives;
(B) individuals who work for public or private entities
(including insurers or managed care providers), that have
contact with individuals with disabilities;
(C) educators and related services personnel;
(D) technology experts (including engineers);
(E) health and allied health professionals;
(F) employers; and
(G) other appropriate individuals and entities.
(15) Technology-related assistance
The term ``technology-related assistance'' means assistance
provided through capacity building and advocacy activities that
accomplish the purposes described in any of subparagraphs (A)
through (K) of section 3001(b)(1) of this title.
(16) Underrepresented population
The term ``underrepresented population'' means a population that
is typically underrepresented in service provision, and includes
populations such as persons who have low-incidence disabilities,
persons who are minorities, poor persons, persons with limited-
English proficiency, older individuals, or persons from rural areas.
(17) Universal design
The term ``universal design'' means a concept or philosophy for
designing and delivering products and services that are usable by
people with the widest possible range of functional capabilities,
which include products and services that are directly usable
(without requiring assistive technologies) and products and services
that are made usable with assistive technologies.
(b) References
References in this chapter to a provision of the Technology-Related
Assistance for Individuals With Disabilities Act of 1988 shall be
considered to be references to such provision as in effect on the day
before November 13, 1998.
(Pub. L. 105-394, Sec. 3, Nov. 13, 1998, 112 Stat. 3631; Pub. L. 106-
402, title IV, Sec. 401(b)(4)(A), Oct. 30, 2000, 114 Stat. 1738.)
References in Text
Section 1141(a) of title 20, referred to in subsec. (a)(10), was
repealed by Pub. L. 105-244, Sec. 3, title I, Sec. 101(b), title VII,
Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1616, 1803, effective Oct. 1,
1998. However, the term ``institution of higher education'' is defined
in section 1001 of Title 20, Education.
The Tribally Controlled Community College Assistance Act of 1978,
referred to in subsec. (a)(10), is Pub. L. 95-471, Oct. 17, 1978, 92
Stat. 1325, as amended, which is classified principally to chapter 20
(Sec. 1801 et seq.) of Title 25, Indians. The Act was renamed the
Tribally Controlled College or University Assistance Act of 1978 by Pub.
L. 105-244, title IX, Sec. 901(b)(1), Oct. 7, 1998, 112 Stat. 1827.
Section 901(d) of Pub. L. 105-244, set out as a note under section 1801
of Title 25, provided that any reference to a section or other provision
of the Tribally Controlled Community College Assistance Act of 1978
shall be deemed to be a reference to the Tribally Controlled College or
University Assistance Act of 1978. For complete classification of this
Act to the Code, see Short Title note set out under section 1801 of
Title 25 and Tables.
The Developmental Disabilities Assistance and Bill of Rights Act of
2000, referred to in subsec. (a)(11)(A), is Pub. L. 106-402, Oct. 30,
2000, 114 Stat. 1677. Subtitle C of the Act probably means subtitle C of
title I of the Act which is classified generally to part C (Sec. 15041
et seq.) of subchapter I of chapter 144 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 15001 of Title 42 and Tables.
The Protection and Advocacy for Mentally Ill Individuals Act of
1986, referred to in subsec. (a)(11)(A), was Pub. L. 99-319, May 23,
1986, 100 Stat. 478, as amended. Pub. L. 99-319 was renamed the
Protection and Advocacy for Individuals with Mental Illness Act by Pub.
L. 106-310, div. B, title XXXII, Sec. 3206(a), Oct. 17, 2000, 114 Stat.
1193, and is classified generally to chapter 114 (Sec. 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.
The Technology-Related Assistance for Individuals With Disabilities
Act of 1988, referred to in subsec. (b), is Pub. L. 100-407, Aug. 19,
1988, 102 Stat. 1044, as amended, which was classified generally to
chapter 24 (Sec. 2201 et seq.) of this title, prior to repeal by Pub. L.
105-394, title IV, Sec. 401, Nov. 13, 1998, 112 Stat. 3661.
Amendments
2000--Subsec. (a)(11)(A). Pub. L. 106-402 substituted ``subtitle C
of the Developmental Disabilities Assistance 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.)''.
Section Referred to in Other Sections
This section is referred to in sections 705, 763, 781, 792 of this
title; title 10 section 1582; title 15 section 3710.
