Pub. L. 100-407, tit. I, sec. 105

ADMINISTRATIVE PROVISIONS.

EnactedYear: 1988Length: 512 wordsOfficial source
SEC. 105. ADMINISTRATIVE PROVISIONS. (a) Review of Participating States.— (1) In general.—The Secretary shall establish a system to assess the extent to which States that receive grants pursuant to this title are making significant progress in achieving the purposes of this title. (2) Onsite visits.— (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, United States Code, 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, United States Code, 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, United States Code, for individuals in the Government service employed intermittently. (3) Minimum requirements.—At a minimum the visits shall allow the Secretary to determine the extent to which the State is making significant progress in developing a statewide program of technology-related assistance consistent with the purposes described in section 2(b)(1). (4) 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. (b) Corrective Action Plan.— 102 STAT. 1058 (1) In general.—Any State that fails to comply with the requirements of this title shall be subject to a corrective action plan. (2) Penalties.— A State that fails to comply with the requirements of this title may be subject to penalties such as— (A) partial or complete fund termination; (B) ineligibility to participate in the grant program in the following year; or (C) reduction in funding for the following year. (3) Appeals procedures.—The Secretary shall establish appeals procedures for States that are found in noncompliance with the provisions of this title as the result of an onsite visit or failure to supply information required under subsection (a)(4). (c) Effect on Other Assistance.—Nothing in this title 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 Education of the Handicapped Act; (3) the Rehabilitation Act of 1973; or (4) laws relating to veterans’ benefits.
Pub. L. 100-407, tit. I, sec. 105: ADMINISTRATIVE PROVISIONS. | Justis AI