29 U.S.C. § 3003 : US Code - Section 3003: State grants for assistive technology

Search 29 U.S.C. § 3003 : US Code - Section 3003: State grants for assistive technology

(a) Grants to States
The Secretary shall award grants under subsection (b) to States
to maintain comprehensive statewide programs of technology-related
assistance to support programs that are designed to 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 authorized representatives, to
obtain assistive technology, and that are designed to increase
access to assistive technology.
(b) Amount of financial assistance
(1) In general
From funds made available to carry out this section, the
Secretary shall award a grant to each eligible State and eligible
outlying area from an allotment determined in accordance with
paragraph (2).
(2) Calculation of State grants
(A) Base year
Except as provided in subparagraphs (B) and (C), the
Secretary shall allot to each State and outlying area for a
fiscal year an amount that is not less than the amount the
State or outlying area received under the grants provided under
section 3011 of this title (as in effect on the day before
October 25, 2004) for fiscal year 2004.
(B) Ratable reduction
(i) In general
If funds made available to carry out this section for any
fiscal year are insufficient to make the allotments required
for each State and outlying area under subparagraph (A) for
such fiscal year, the Secretary shall ratably reduce the
allotments for such fiscal year.
(ii) Additional funds
If, after the Secretary makes the reductions described in
clause (i), additional funds become available to carry out
this section for the fiscal year, the Secretary shall ratably
increase the allotments, until the Secretary has allotted the
entire base year amount.
(C) Higher appropriation years
Except as provided in subparagraph (D), for a fiscal year for
which the amount of funds made available to carry out this
section is greater than the base year amount, the Secretary
shall -
(i) make the allotments described in subparagraph (A);
(ii) from a portion of the remainder of the funds after the
Secretary makes the allotments described in clause (i), the
Secretary shall -
(I) from 50 percent of the portion, allot to each State
or outlying area an equal amount; and
(II) from 50 percent of the portion, allot to each State
or outlying area an amount that bears the same relationship
to such 50 percent as the population of the State or
outlying area bears to the population of all States and
outlying areas,
until each State has received an allotment of not less than
$410,000 and each outlying area has received an allotment of
$125,000 under clause (i) and this clause;
(iii) from the remainder of the funds after the Secretary
makes the allotments described in clause (ii), the Secretary
shall -
(I) from 80 percent of the remainder allot to each State
an amount that bears the same relationship to such 80
percent as the population of the State bears to the
population of all States; and
(II) from 20 percent of the remainder, allot to each
State an equal amount.
(D) Special rule for fiscal year 2005
Notwithstanding subparagraph (C), if the amount of funds made
available to carry out this section for fiscal year 2005 is
greater than the base year amount, the Secretary may award
grants on a competitive basis for periods of 1 year to States
or outlying areas in accordance with the requirements of
subchapter III of this chapter (!1) (as in effect on the day
before October 25, 2004) to develop, support, expand, or
administer an alternative financing program.
(E) Base year amount
In this paragraph, the term "base year amount" means the
total amount received by all States and outlying areas under
the grants described in subparagraph (A) for fiscal year 2004.
(c) Lead agency, implementing entity, and advisory council
(1) Lead agency and implementing entity
(A) Lead agency
(i) In general
The Governor of a State shall designate a public agency as
a lead agency -
(I) to control and administer the funds made available
through the grant awarded to the State under this section;
and
(II) to submit the application described in subsection
(d) on behalf of the State, to ensure conformance with
Federal and State accounting requirements.
(ii) Duties
The duties of the lead agency shall include -
(I) preparing the application described in subsection (d)
and carrying out State activities described in that
application, including making programmatic and resource
allocation decisions necessary to implement the
comprehensive statewide program of technology-related
assistance;
(II) coordinating the activities of the comprehensive
statewide program of technology-related assistance among
public and private entities, including coordinating efforts
related to entering into interagency agreements, and
maintaining and evaluating the program; and
(III) coordinating efforts related to the active, timely,
and meaningful participation by individuals with
disabilities and their family members, guardians,
advocates, or authorized representatives, and other
appropriate individuals, with respect to activities carried
out through the grant.
(B) Implementing entity
The Governor may designate an agency, office, or other entity
to carry out State activities under this section (referred to
in this section as the "implementing entity"), if such
implementing entity is different from the lead agency. The
implementing agency shall carry out responsibilities under this
chapter through a subcontract or another administrative
agreement with the lead agency.
(C) Change in agency or entity
(i) In general
On obtaining the approval of the Secretary, the Governor
may redesignate the lead agency, or the implementing entity,
if the Governor shows to the Secretary good cause why the
entity designated as the lead agency, or the implementing
entity, respectively, should not serve as that agency or
entity, respectively. The Governor shall make the showing in
the application described in subsection (d).
(ii) Construction
Nothing in this paragraph shall be construed to require the
Governor of a State to change the lead agency or implementing
entity of the State to an agency other than the lead agency
or implementing entity of such State as of October 25, 2004.
(2) Advisory council
(A) In general
There shall be established an advisory council to provide
consumer-responsive, consumer-driven advice to the State for,
planning of, implementation of, and evaluation of the
activities carried out through the grant, including setting the
measurable goals described in subsection (d)(3).
(B) Composition and representation
(i) Composition
The advisory council shall be composed of -
(I) individuals with disabilities that use assistive
technology or the family members or guardians of the
individuals;
(II) a representative of the designated State agency, as
defined in section 7 of the Rehabilitation Act of 1973 (29
U.S.C. 705) and the State agency for individuals who are
blind (within the meaning of section 101 of that Act (29
U.S.C. 721)), if such agency is separate;
(III) a representative of a State center for independent
living described in part C of title VII of the
Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.);
(IV) a representative of the State workforce investment
board established under section 111 of the Workforce
Investment Act of 1998 (29 U.S.C. 2821);
(V) a representative of the State educational agency, as
defined in section 7801 of title 20; and
(VI) representatives of other State agencies, public
agencies, or private organizations, as determined by the
State.
(ii) Majority
(I) In general
A majority, not less than 51 percent, of the members of
the advisory council, shall be members appointed under
clause (i)(I).
(II) Representatives of agencies
Members appointed under subclauses (II) through (VI) of
clause (i) shall not count toward the majority membership
requirement established in subclause (I).
(iii) Representation
The advisory council shall be geographically representative
of the State and reflect the diversity of the State with
respect to race, ethnicity, types of disabilities across the
age span, and users of types of services that an individual
with a disability may receive.
(C) Expenses
The members of the advisory council shall receive no
compensation for their service on the advisory council, but
shall be reimbursed for reasonable and necessary expenses
actually incurred in the performance of official duties for the
advisory council.
(D) Period
The members of the State advisory council shall be appointed
not later than 120 days after October 25, 2004.
(E) Impact on existing statutes, rules, or policies
Nothing in this paragraph shall be construed to affect State
statutes, rules, or official policies relating to advisory
bodies for State assistive technology programs or require
changes to governing bodies of incorporated agencies who carry
out State assistive technology programs.
(d) Application
(1) In general
Any State that desires to receive a grant under this section
shall submit an application to the Secretary, at such time, in
such manner, and containing such information as the Secretary may
require.
(2) Lead agency and implementing entity
The application shall contain information identifying and
describing the lead agency referred to in subsection (c)(1)(A).
The application shall contain information identifying and
describing the implementing entity referred to in subsection
(c)(1)(B), if the Governor of the State designates such an
entity.
(3) Measurable goals
The application shall include -
(A) measurable goals, and a timeline for meeting the goals,
that the State has set for addressing the assistive technology
needs of individuals with disabilities in the State related to -

(i) education, including goals involving the provision of
assistive technology to individuals with disabilities who
receive services under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.);
(ii) employment, including goals involving the State
vocational rehabilitation program carried out under title I
of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.);
(iii) telecommunication and information technology; and
(iv) community living; and
(B) information describing how the State will quantifiably
measure the goals to determine whether the goals have been
achieved.
(4) Involvement of public and private entities
The application shall describe how various public and private
entities were involved in the development of the application and
will be involved in the implementation of the activities to be
carried out through the grant, including -
(A) in cases determined to be appropriate by the State, a
description of the nature and extent of resources that will be
committed by public and private collaborators to assist in
accomplishing identified goals; and
(B) a description of the mechanisms established to ensure
coordination of activities and collaboration between the
implementing entity, if any, and the State.
(5) Implementation
The application shall include a description of -
(A) how the State will implement each of the required
activities described in subsection (e), except as provided in
subsection (e)(6)(A); and
(B) how the State will allocate and utilize grant funds to
implement the activities, including describing proposed budget
allocations and planned procedures for tracking expenditures
for activities described in paragraphs (2) and (3) of
subsection (e).
(6) Assurances
The application shall include assurances that -
(A) the State will annually collect data related to the
required activities implemented by the State under this section
in order to prepare the progress reports required under
subsection (f);
(B) funds received through the grant -
(i) will be expended in accordance with this section; and
(ii) will be used to supplement, and not supplant, funds
available from other sources for technology-related
assistance, including the provision of assistive technology
devices and assistive technology services;
(C) the lead agency will control and administer the funds
received through the grant;
(D) the State will adopt such fiscal control and accounting
procedures as may be necessary to ensure proper disbursement of
and accounting for the funds received through the grant;
(E) the physical facility of the lead agency and implementing
entity, if any, meets the requirements of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) regarding
accessibility for individuals with disabilities;
(F) a public agency or an individual with a disability holds
title to any property purchased with funds received under the
grant and administers that property;
(G) activities carried out in the State that are authorized
under this chapter, and supported by Federal funds received
under this chapter, will comply with the standards established
by the Architectural and Transportation Barriers Compliance
Board under section 508 of the Rehabilitation Act of 1973 (20
(!2) U.S.C. 794d); and
(H) the State will -
(i) prepare reports to the Secretary in such form and
containing such information as the Secretary may require to
carry out the Secretary's functions under this chapter; and
(ii) keep such records and allow access to such records as
the Secretary may require to ensure the correctness and
verification of information provided to the Secretary under
this subparagraph.
(7) State support
The application shall include a description of the activities
described in paragraphs (2) and (3) of subsection (e) that the
State will support with State funds.
(e) Use of funds
(1) In general
(A) Required activities
Except as provided in subparagraph (B) and paragraph (6), any
State that receives a grant under this section shall use a
portion of the funds made available through the grant to carry
out activities described in paragraphs (2) and (3).
(B) State or non-Federal financial support
A State shall not be required to use a portion of the funds
made available through the grant to carry out the category of
activities described in subparagraph (A), (B), (C), or (D) of
paragraph (2) if, in that State -
(i) financial support is provided from State or other non-
Federal resources or entities for that category of
activities; and
(ii) the amount of the financial support is comparable to,
or greater than, the amount of the portion of the funds made
available through the grant that the State would have
expended for that category of activities, in the absence of
this subparagraph.
(2) State-level activities
(A) State financing activities
The State shall support State financing activities to
increase access to, and funding for, assistive technology
devices and assistive technology services (which shall not
include direct payment for such a device or service for an
individual with a disability but may include support and
administration of a program to provide such payment), including
development of systems to provide and pay for such devices and
services, for targeted individuals and entities described in
section 3002(16)(A) of this title, including -
(i) support for the development of systems for the
purchase, lease, or other acquisition of, or payment for,
assistive technology devices and assistive technology
services; or
(ii) support for the development of State-financed or
privately financed alternative financing systems of subsidies
(which may include conducting an initial 1-year feasibility
study of, improving, administering, operating, providing
capital for, or collaborating with an entity with respect to,
such a system) for the provision of assistive technology
devices, such as -
(I) a low-interest loan fund;
(II) an interest buy-down program;
(III) a revolving loan fund;
(IV) a loan guarantee or insurance program;
(V) a program providing for the purchase, lease, or other
acquisition of assistive technology devices or assistive
technology services; or
(VI) another mechanism that is approved by the Secretary.
(B) Device reutilization programs
The State shall directly, or in collaboration with public or
private entities, carry out assistive technology device
reutilization programs that provide for the exchange, repair,
recycling, or other reutilization of assistive technology
devices, which may include redistribution through device sales,
loans, rentals, or donations.
(C) Device loan programs
The State shall directly, or in collaboration with public or
private entities, carry out device loan programs that provide
short-term loans of assistive technology devices to
individuals, employers, public agencies, or others seeking to
meet the needs of targeted individuals and entities, including
others seeking to comply with the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
(D) Device demonstrations
(i) In general
The State shall directly, or in collaboration with public
and private entities, such as one-stop partners, as defined
in section 101 of the Workforce Investment Act of 1998 (29
U.S.C. 2801), demonstrate a variety of assistive technology
devices and assistive technology services (including
assisting individuals in making informed choices regarding,
and providing experiences with, the devices and services),
using personnel who are familiar with such devices and
services and their applications.
(ii) Comprehensive information
The State shall directly, or through referrals, provide to
individuals, to the extent practicable, comprehensive
information about State and local assistive technology
venders, providers, and repair services.
(3) State leadership activities
(A) In general
A State that receives a grant under this section shall use a
portion of not more than 40 percent of the funds made available
through the grant to carry out the activities described in
subparagraph (B). From that portion, the State shall use at
least 5 percent of the portion for activities described in
subparagraph (B)(i)(III).
(B) Required activities
(i) Training and technical assistance
(I) In general
The State shall directly, or provide support to public or
private entities with demonstrated expertise in
collaborating with public or private agencies that serve
individuals with disabilities, to develop and disseminate
training materials, conduct training, and provide technical
assistance, for individuals from local settings statewide,
including representatives of State and local educational
agencies, other State and local agencies, early
intervention programs, adult service programs, hospitals
and other health care facilities, institutions of higher
education, and businesses.
(II) Authorized activities
In carrying out activities under subclause (I), the State
shall carry out activities that enhance the knowledge,
skills, and competencies of individuals from local settings
described in subclause (I), which may include -
(aa) general awareness training on the benefits of
assistive technology and the Federal, State, and private
funding sources available to assist targeted individuals
and entities in acquiring assistive technology;
(bb) skills-development training in assessing the need
for assistive technology devices and assistive technology
services;
(cc) training to ensure the appropriate application and
use of assistive technology devices, assistive technology
services, and accessible technology for e-government
functions;
(dd) training in the importance of multiple approaches
to assessment and implementation necessary to meet the
individualized needs of individuals with disabilities;
and
(ee) technical training on integrating assistive
technology into the development and implementation of
service plans, including any education, health,
discharge, Olmstead, employment, or other plan required
under Federal or State law.
(III) Transition assistance to individuals with
disabilities
The State shall directly, or provide support to public or
private entities to, develop and disseminate training
materials, conduct training, facilitate access to assistive
technology, and provide technical assistance, to assist -
(aa) students with disabilities, within the meaning of
the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.), that receive transition services;
and
(bb) adults who are individuals with disabilities
maintaining or transitioning to community living.
(ii) Public-awareness activities
(I) In general
The State shall conduct public-awareness activities
designed to provide information to targeted individuals and
entities relating to the availability, benefits,
appropriateness, and costs of assistive technology devices
and assistive technology services, including -
(aa) the development of procedures for providing direct
communication between providers of assistive technology
and targeted individuals and entities, which may include
partnerships with entities in the statewide and local
workforce investment systems established under the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.), State vocational rehabilitation centers, public
and private employers, or elementary and secondary public
schools;
(bb) the development and dissemination, to targeted
individuals and entities, of information about State
efforts related to assistive technology; and
(cc) the distribution of materials to appropriate
public and private agencies that provide social, medical,
educational, employment, and transportation services to
individuals with disabilities.
(II) Collaboration
The State shall collaborate with entities that receive
awards under paragraphs (1) and (3) of section 3005(b) of
this title to carry out public-awareness activities
focusing on infants, toddlers, children, transition-age
youth, employment-age adults, seniors, and employers.
(III) Statewide information and referral system
(aa) In general
The State shall directly, or in collaboration with
public or private (such as nonprofit) entities, provide
for the continuation and enhancement of a statewide
information and referral system designed to meet the
needs of targeted individuals and entities.
(bb) Content
The system shall deliver information on assistive
technology devices, assistive technology services (with
specific data regarding provider availability within the
State), and the availability of resources, including
funding through public and private sources, to obtain
assistive technology devices and assistive technology
services. The system shall also deliver information on
the benefits of assistive technology devices and
assistive technology services with respect to enhancing
the capacity of individuals with disabilities of all ages
to perform activities of daily living.
(iii) Coordination and collaboration
The State shall coordinate activities described in
paragraph (2) and this paragraph, among public and private
entities that are responsible for policies, procedures, or
funding for the provision of assistive technology devices and
assistive technology services to individuals with
disabilities, service providers, and others to improve access
to assistive technology devices and assistive technology
services for individuals with disabilities of all ages in the
State.
(4) Indirect costs
Not more than 10 percent of the funds made available through a
grant to a State under this section may be used for indirect
costs.
(5) Prohibition
Funds made available through a grant to a State under this
section shall not be used for direct payment for an assistive
technology device for an individual with a disability.
(6) State flexibility
(A) In general
Notwithstanding paragraph (1)(A) and subject to subparagraph
(B), a State may use funds that the State receives under a
grant awarded under this section to carry out any 2 or more of
the activities described in paragraph (2).
(B) Special rule
Notwithstanding paragraph (3)(A), any State that exercises
its authority under subparagraph (A) -
(i) shall carry out each of the required activities
described in paragraph (3)(B); and
(ii) shall use not more than 30 percent of the funds made
available through the grant to carry out the activities
described in paragraph (3)(B).
(f) Annual progress reports
(1) Data collection
States shall participate in data collection as required by law,
including data collection required for preparation of the reports
described in paragraph (2).
(2) Reports
(A) In general
Each State shall prepare and submit to the Secretary an
annual progress report on the activities funded under this
chapter, at such time, and in such manner, as the Secretary may
require.
(B) Contents
The report shall include data collected pursuant to this
section. The report shall document, with respect to activities
carried out under this section in the State -
(i) the type of State financing activities described in
subsection (e)(2)(A) used by the State;
(ii) the amount and type of assistance given to consumers
of the State financing activities described in subsection
(e)(2)(A) (who shall be classified by type of assistive
technology device or assistive technology service financed
through the State financing activities, and geographic
distribution within the State), including -
(I) the number of applications for assistance received;
(II) the number of applications approved and rejected;
(III) the default rate for the financing activities;
(IV) the range and average interest rate for the
financing activities;
(V) the range and average income of approved applicants
for the financing activities; and
(VI) the types and dollar amounts of assistive technology
financed;
(iii) the number, type, and length of time of loans of
assistive technology devices provided to individuals with
disabilities, employers, public agencies, or public
accommodations through the device loan program described in
subsection (e)(2)(C), and an analysis of the individuals with
disabilities who have benefited from the device loan program;
(iv) the number, type, estimated value, and scope of
assistive technology devices exchanged, repaired, recycled,
or reutilized (including redistributed through device sales,
loans, rentals, or donations) through the device
reutilization program described in subsection (e)(2)(B), and
an analysis of the individuals with disabilities that have
benefited from the device reutilization program;
(v) the number and type of device demonstrations and
referrals provided under subsection (e)(2)(D), and an
analysis of individuals with disabilities who have benefited
from the demonstrations and referrals;
(vi)(I) the number and general characteristics of
individuals who participated in training under subsection
(e)(3)(B)(i) (such as individuals with disabilities, parents,
educators, employers, providers of employment services,
health care workers, counselors, other service providers, or
vendors) and the topics of such training; and
(II) to the extent practicable, the geographic distribution
of individuals who participated in the training;
(vii) the frequency of provision and nature of technical
assistance provided to State and local agencies and other
entities;
(viii) the number of individuals assisted through the
public-awareness activities and statewide information and
referral system described in subsection (e)(3)(B)(ii);
(ix) the outcomes of any improvement initiatives carried
out by the State as a result of activities funded under this
section, including a description of any written policies,
practices, and procedures that the State has developed and
implemented regarding access to, provision of, and funding
for, assistive technology devices, and assistive technology
services, in the contexts of education, health care,
employment, community living, and information technology and
telecommunications, including e-government;
(x) the source of leveraged funding or other contributed
resources, including resources provided through subcontracts
or other collaborative resource-sharing agreements, from and
with public and private entities to carry out State
activities described in subsection (e)(3)(B)(iii), the number
of individuals served with the contributed resources for
which information is not reported under clauses (i) through
(ix) or clause (xi) or (xii), and other outcomes accomplished
as a result of such activities carried out with the
contributed resources; and
(xi) the level of customer satisfaction with the services
provided.