Technology development, demonstration, and utilization; media services; and instructional materials

The Secretary, on a competitive basis, shall award grants to, and enter into contracts and cooperative agreements with, eligible entities to support activities described in subsections (b) and (c). In this section, the term “eligible entity” has the meaning given the term in section 1461(b) of this title. In carrying out this section, the Secretary shall support activities to promote the development, demonstration, and use of technology. The following activities may be carried out under this subsection: In carrying out this section, the Secretary shall support— providing video description, open captioning, or closed captioning, that is appropriate for use in the classroom setting, of— The video description, open captioning, or closed captioning described in paragraph (1)(B) shall be provided only when the description or captioning has not been previously provided by the producer or distributor, or has not been fully funded by other sources. Any eligible entity that wishes to receive a grant, or enter into a contract or cooperative agreement, under subsection (b) or (c) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. For the purpose of an application for an award to carry out activities described in subsection (c)(1)(D), such eligible entity shall— The Secretary shall establish and support, through the American Printing House for the Blind, a center to be known as the “National Instructional Materials Access Center” not later than 1 year after December 3, 2004. The duties of the National Instructional Materials Access Center are the following: In this subsection: The term “blind or other persons with print disabilities” means children served under this chapter and who may qualify in accordance with the Act entitled “An Act to provide books for the adult blind”, approved March 3, 1931 (2 U.S.C. 135a; 46 Stat. 1487) to receive books and other publications produced in specialized formats. The term “National Instructional Materials Accessibility Standard” means the standard established by the Secretary to be used in the preparation of electronic files suitable and used solely for efficient conversion into specialized formats. The term “print instructional materials” means printed textbooks and related printed core materials that are written and published primarily for use in elementary school and secondary school instruction and are required by a State educational agency or local educational agency for use by students in the classroom. The term “specialized formats” has the meaning given the term in section 121(d)(3) of title 17. This subsection shall apply to print instructional materials published after the date on which the final rule establishing the National Instructional Materials Accessibility Standard was published in the Federal Register. Nothing in this subsection shall be construed to establish a private right of action against the Secretary for failure to provide instructional materials directly, or for failure by the National Instructional Materials Access Center to perform the duties of such center, or to otherwise authorize a private right of action related to the performance by such center, including through the application of the rights of children and parents established under this chapter. Subsections (a) through (d) shall not apply to this subsection.