29 USC 3003 - Grants for State assistive technology programs

View all text of Chapter 31 [§ 3001 - § 3058]

§ 3003. Grants for State assistive technology programs

(a) Grants to StatesThe Secretary shall award grants under subsection (b) to States to maintain a comprehensive 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 authorized representatives, to obtain assistive technology; and

(2) increase access to assistive technology.

(b) Amount of financial assistance

(1) In general

(2) Calculation of State grants

(A) Base year

(B) Ratable reduction

(i) In general

(ii) Additional funds

(C) Appropriation higher than base year amountFor a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount under subparagraph (A) and no greater than $40,000,000, 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 an equal amount; and(II) from 50 percent of the portion, allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States,

until each State has received an allotment of not less than $410,000 under clause (i) and this clause; and

(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) Appropriation higher than threshold amountFor a fiscal year for which the amount of funds made available to carry out this section is $40,000,000 or greater, the Secretary shall—

(i) make the allotments described in subparagraph (A);

(ii) from the funds remaining after the allotment described in clause (i), allot to each outlying area an amount of such funds until each outlying area has received an allotment of exactly $150,000 under clause (i) and this clause;

(iii) from a portion of the remainder of the funds after the Secretary makes the allotments described in clauses (i) and (ii), the Secretary shall—(I) from 50 percent of the portion, allot to each State an equal amount; and(II) from 50 percent of the portion, allot to each State an amount that bears the same relationship to such 50 percent as the population of the State bears to the population of all States,

until each State has received an allotment of not less than $450,000 under clause (i) and this clause; and

(iv) from the remainder of the funds after the Secretary makes the allotments described in clause (iii), 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.

(3) Availability of funds

(1) Lead agency and implementing entity

(A) Lead agency

(i) In generalThe 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) DutiesThe 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, in a way that acknowledges the demographic characteristics of individuals, 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

(i) In generalOn obtaining the approval of the Secretary—(I) the Governor may redesignate the lead agency of a State, if the Governor shows to the Secretary, in accordance with subsection (d)(2)(B), good cause why the agency designated as the lead agency should not serve as that agency; and(II) the Governor may redesignate the implementing entity of a State, if the Governor shows to the Secretary in accordance with subsection (d)(2)(B), good cause why the entity designated as the implementing entity should not serve as that entity.

(ii) Construction

(2) Advisory council

(A) In general

(B) Composition and representation

(i) CompositionThe advisory council shall be composed of—(I) individuals with disabilities who 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);(III) a representative of the designated State agency for individuals who are blind or that provides assistance or services to adults who are blind (within the meaning of section 101 of that Act (29 U.S.C. 721)), if such agency is separate from the agency described in subclause (II);(IV) 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.), or the Statewide Independent Living Council established under section 705 of such Act (29 U.S.C. 796d);(V) a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111);(VI) a representative of the State educational agency, as defined in section 7801 of title 20;(VII) a representative of an alternative financing program for assistive technology if—(aa) there is an alternative financing program for assistive technology in the State;(bb) such program is separate from the State assistive technology program supported under subsection (e)(2); and(cc) the program described in item (aa) is operated by a nonprofit entity;(VIII) a representative of 1 or more of—(aa) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);(bb) the designated State agency for purposes of section 15024 of title 42;(cc) the State agency designated under section 305(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3025(a)(1)), or an organization that receives assistance under such Act (42 U.S.C. 3001 et seq.);(dd) an organization representing disabled veterans;(ee) a University Center for Excellence in Developmental Disabilities Education, Research, and Service designated under section 15061(a) of title 42;(ff) the State protection and advocacy system established in accordance with section 15043 of title 42; or(gg) the State Council on Developmental Disabilities established under section 15025 of title 42; and(IX) representatives of other State agencies, public agencies, or private organizations, as determined by the State.

(ii) Majority(I) In general(II) Representatives of agencies

(iii) Representation

(D) Impact on existing statutes, rules, or policies

(d) Application

(1) In general

(2) Lead agency and implementing entity

(A) In generalThe application shall contain—

(i) information identifying and describing the lead agency referred to in subsection (c)(1)(A);

(ii) information identifying and describing the implementing entity referred to in subsection (c)(1)(B), if the Governor of the State designates such an entity; and

(iii) a description of how individuals with disabilities 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 and through the advisory council established in accordance with subsection (c)(2).

(B) Change in lead agency or implementing entityIn any case where—

(i) the Governor requests to redesignate a lead agency, the Governor shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for the requested change; or

(ii) the Governor requests to redesignate an implementing entity, the Governor shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for the requested change.

(3) State planThe application under this subsection shall include a State plan for assistive technology consisting of—

(A) a description of how the State will carry out a comprehensive statewide program that provides assistive technology activities described in subsection (e) (unless excluded by the State pursuant to subsection (e)(5));

(B) a description of how the State will allocate and utilize grant funds to implement the activities described in subparagraph (A), including describing proposed budget allocations and planned procedures for tracking expenditures for the activities;

(C) 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) access to teleassistive technology to aid in the access of health care services, including mental health and substance use disorder services;

(iv) accessible information and communication technology instruction for individuals with disabilities receiving assistive technology under this section; and

(v) community living;

(D) information describing how the State will quantifiably measure the goals, in a manner consistent with the data submitted through the progress reports under subsection (f), to determine whether the goals have been achieved; and

(E) a description of any activities described in subsection (e) that the State will support with State or other non-Federal funds.

(4) Involvement of public and private entitiesThe application shall describe how various public and private entities, including individuals with disabilities and their families, were involved in the development of the application, including the measurable goals and timeline described in paragraph (3)(C) and the description of how the goals will be quantifiably measured described in paragraph (3)(D), 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 partners 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) AssurancesThe 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;

(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 (29 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.

(e) Use of funds

(1) Required activities

(A) In generalExcept as provided in subparagraph (B) and paragraph (5), any State that receives a grant under this section shall—

(i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all activities described in paragraph (3), of which not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii); and

(ii) use a portion of the funds made available through the grant to carry out all of the activities described in paragraph (2).

(B) State or other non-Federal financial supportA State receiving a grant under this section shall not be required to use grant funds to carry out the category of activities described in subparagraph (A), (B), (C), or (D) of paragraph (2) in that State if, for such category of activities, financial support is provided in that State—

(i) from State or other non-Federal resources or entities; and

(ii) in an amount that 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 such category of activities, in the absence of this subparagraph.

(2) State-level activities

(A) State financing activitiesThe 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;

(ii) another mechanism that is approved by the Secretary; or

(iii) support for the development of a State-financed or privately financed alternative financing program engaged in 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; or(IV) a loan guarantee or insurance program.

(B) Device reutilization programs

(D) Device demonstrations

(i) In general

(ii) Comprehensive information

(3) State leadership activities

(A) Educational activities and technical assistance

(i) In general

(ii) Authorized activitiesIn carrying out activities under clause (i), the State shall carry out activities that enhance the knowledge, skills, and competencies of individuals from local settings described in such clause, which may include—(I) raising awareness and providing instruction 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;(II) skills development in assessing the need for assistive technology devices and assistive technology services;(III) instruction to ensure the appropriate application and use of assistive technology devices, assistive technology services, and accessible information and communication technology for e-government functions;(IV) instruction in the importance of multiple approaches to assessment and implementation necessary to meet the individualized needs of individuals with disabilities; and(V) technical instruction 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 disabilitiesThe State shall (directly or through the provision of support to public or private entities) develop and disseminate educational materials, conduct educational activities, facilitate access to assistive technology, and provide technical assistance, to assist—(I) 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(II) adults who are individuals with disabilities maintaining or transitioning to community living.

(B) Public-awareness activities

(i) In generalThe 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—(I) 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 development systems established under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), State vocational rehabilitation programs, public and private employers, centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.), Aging and Disability Resource Centers (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)), or elementary schools and secondary schools (as defined in section 7801 of title 20);(II) the development and dissemination, to targeted individuals and entities, of information about State efforts related to assistive technology; and(III) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, housing, and transportation services to individuals with disabilities.

(ii) Statewide information and referral system(I) In general(II) Content

(4) Funding rules

(A) Prohibition

(B) Federal partner collaborationIn order to coordinate efforts regarding the availability of funding to access and acquire assistive technology through device demonstration, loan, reuse, and State financing activities, a State receiving a grant under this section shall ensure that the lead agency or implementing entity is conducting outreach to and, as appropriate, collaborating with, other State agencies that receive Federal funding for assistive technology, including—

(i) the State educational agency receiving assistance under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);

(ii) the State vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.);

(iii) the agency responsible for administering the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);

(iv) the State agency receiving assistance under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); and

(v) any other agency in a State that funds assistive technology.

(5) State flexibility

(A) In general

(B) Special ruleNotwithstanding paragraph (1)(A), any State that exercises its authority under subparagraph (A)—

(i) shall carry out each of the required activities described in paragraph (3); and

(ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities.

(6) Assistive technology device disposition

(f) Annual progress reports

(1) Data collection

(2) Reports

(A) In general

(B) ContentsThe 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) (which 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—(aa) approved;(bb) denied; or(cc) withdrawn;(III) the number, percentage, and dollar amount of defaults 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 types of such devices provided through the program, and how each device benefitted the individual who received such device;

(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 who 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 educational activities under subsection (e)(3)(A) (such as individuals with disabilities, parents, educators, employers, providers of employment services, health care workers, counselors, other service providers, or venders) and the topics of such educational activities; and(II) to the extent practicable, the geographic distribution of individuals who participated in the educational activities;

(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 statewide information and referral system described in subsection (e)(3)(B)(ii) and descriptions of the public awareness activities under subsection (e)(3)(B);

(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 accessible information and communication technology, 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)(C), the number of individuals served with the contributed resources for which information is not reported under clauses (i) through (ix) or clause (xi), 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.

(Pub. L. 105–394, § 4, as added Pub. L. 108–364, § 2, Oct. 25, 2004, 118 Stat. 1714; amended Pub. L. 113–128, title V, § 512(b)(2), July 22, 2014, 128 Stat. 1705; Pub. L. 114–95, title IX, § 9215(m), Dec. 10, 2015, 129 Stat. 2168; Pub. L. 117–263, div. E, title LIV, § 5402, Dec. 23, 2022, 136 Stat. 3265.)