§ 3011. — Continuity grants for States that received funding for a limited period for technologyrelated assistance.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 29USC3011]
TITLE 29--LABOR
CHAPTER 31--ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES
SUBCHAPTER I--STATE GRANT PROGRAMS
Sec. 3011. Continuity grants for States that received funding
for a limited period for technology-related assistance
(a) Grants to States
(1) In general
The Secretary shall award grants, in accordance with this
section, to eligible States to support capacity building and
advocacy activities, designed to assist the States in maintaining
permanent comprehensive statewide programs of technology-related
assistance that accomplish the purposes described in section
3001(b)(1) of this title.
(2) Eligible States
To be eligible to receive a grant under this section a State
shall be a State that received grants for less than 10 years under
title I of the Technology-Related Assistance for Individuals With
Disabilities Act of 1988.
(b) Use of funds
(1) In general
Any State that receives a grant under this section shall use the
funds made available through the grant to carry out the activities
described in paragraph (2) and may use the funds to carry out the
activities described in paragraph (3).
(2) Required activities
(A) Public awareness program
(i) In general
The State shall support a public awareness program
designed to provide information to targeted individuals
relating to the availability and benefits of assistive
technology devices and assistive technology services.
(ii) Link
Such a public awareness program shall have an electronic
link to the National Public Internet Site authorized under
section 3014(c)(1) of this title.
(iii) Contents
The public awareness program may include--
(I) the development and dissemination of information
relating to--
(aa) the nature of assistive technology devices
and assistive technology services;
(bb) the appropriateness of, cost of,
availability of, evaluation of, and access to,
assistive technology devices and assistive
technology services; and
(cc) 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;
(II) the development of procedures for providing
direct communication between providers of assistive
technology and targeted individuals; and
(III) the development and dissemination, to targeted
individuals, of information about State efforts related
to assistive technology.
(B) Interagency coordination
(i) In general
The State shall develop and promote the adoption of
policies that improve access to assistive technology devices
and assistive technology services for individuals with
disabilities of all ages in the State and that result in
improved coordination among public and private entities that
are responsible or have the authority to be responsible, for
policies, procedures, or funding for, or the provision of
assistive technology devices and assistive technology
services to, such individuals.
(ii) Appointment to certain information technology
panels
The State shall appoint the director of the lead agency
described in subsection (d) of this section or the designee
of the director, to any committee, council, or similar
organization created by the State to assist the State in the
development of the information technology policy of the
State.
(iii) Coordination activities
The development and promotion described in clause (i)
may include support for--
(I) policies that result in improved coordination,
including coordination between public and private
entities--
(aa) in the application of Federal and State
policies;
(bb) in the use of resources and services
relating to the provision of assistive technology
devices and assistive technology services, including
the use of interagency agreements; and
(cc) in the improvement of access to assistive
technology devices and assistive technology services
for individuals with disabilities of all ages in the
State;
(II) convening interagency work groups, involving
public and private entities, to identify, create, or
expand funding options, and coordinate access to
funding, for assistive technology devices and assistive
technology services for individuals with disabilities of
all ages; or
(III) documenting and disseminating information
about interagency activities that promote coordination,
including coordination between public and private
entities, with respect to assistive technology devices
and assistive technology services.
(C) Technical assistance and training
The State shall carry out directly, or provide support to
public or private entities to carry out, technical assistance
and training activities for targeted individuals, including--
(i) the development and implementation of laws,
regulations, policies, practices, procedures, or
organizational structures that promote access to assistive
technology devices and assistive technology services for
individuals with disabilities in education, health care,
employment, and community living contexts, and in other
contexts such as the use of telecommunications;
(ii)(I) the development of training materials and the
conduct of training in the use of assistive technology
devices and assistive technology services; and
(II) the provision of technical assistance, including
technical assistance concerning how--
(aa) to consider the needs of an individual with a
disability for assistive technology devices and
assistive technology services in developing any
individualized plan or program authorized under Federal
or State law;
(bb) the rights of targeted individuals to assistive
technology devices and assistive technology services are
addressed under laws other than this chapter, to promote
fuller independence, productivity, and inclusion in and
integration into society of such individuals; or
(cc) to increase consumer participation in the
identification, planning, use, delivery, and evaluation
of assistive technology devices and assistive technology
services; and
(iii) the enhancement of the assistive technology skills
and competencies of--
(I) individuals who work for public or private
entities (including insurers and managed care
providers), who have contact with individuals with
disabilities;
(II) educators and related services personnel;
(III) technology experts (including engineers);
(IV) health and allied health professionals;
(V) employers; and
(VI) other appropriate personnel.
(D) Outreach
The State shall provide support to statewide and community-
based organizations that provide assistive technology devices
and assistive technology services to individuals with
disabilities or that assist individuals with disabilities in
using assistive technology devices and assistive technology
services, including a focus on organizations assisting
individuals from underrepresented populations and rural
populations. Such support may include outreach to consumer
organizations and groups in the State to coordinate efforts to
assist individuals with disabilities of all ages and their
family members, guardians, advocates, or authorized
representatives, to obtain funding for, access to, and
information on evaluation of assistive technology devices and
assistive technology services.
(3) Discretionary activities
(A) Alternative State-financed systems
The State may support activities to increase access to, and
funding for, assistive technology devices and assistive
technology services, including--
(i) the development of systems that provide assistive
technology devices and assistive technology services to
individuals with disabilities of all ages, and that pay for
such devices and services, such as--
(I) the development of systems for the purchase,
lease, other acquisition, or payment for the provision,
of assistive technology devices and assistive technology
services; or
(II) the establishment of alternative State or
privately financed systems of subsidies for the
provision of assistive technology devices and assistive
technology services, such as--
(aa) a low-interest loan fund;
(bb) an interest buy-down program;
(cc) a revolving loan fund;
(dd) a loan guarantee or insurance program;
(ee) a program operated by a partnership among
private entities for the purchase, lease, or other
acquisition of assistive technology devices or
assistive technology services; or
(ff) another mechanism that meets the
requirements of subchapter III of this chapter and
is approved by the Secretary;
(ii) the short-term loan of assistive technology devices
to individuals, employers, public agencies, or public
accommodations seeking strategies to comply with 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); or
(iii) the maintenance of information about, and
recycling centers for, the redistribution of assistive
technology devices and equipment, which may include
redistribution through device and equipment loans, rentals,
or gifts.
(B) Demonstrations
The State, in collaboration with other entities in
established, recognized community settings (such as nonprofit
organizations, libraries, schools, community-based employer
organizations, churches, and entities operating senior citizen
centers, shopping malls, and health clinics), may demonstrate
assistive technology devices in settings where targeted
individuals can see and try out assistive technology devices,
and learn more about the devices from personnel who are familiar
with such devices and their applications or can be referred to
other entities who have information on the devices.
(C) Options for securing devices and services
The State, through public agencies or nonprofit
organizations, may support assistance to individuals with
disabilities and their family members, guardians, advocates, and
authorized representatives about options for securing assistive
technology devices and assistive technology services that would
meet individual needs for such assistive technology devices and
assistive technology services. Such assistance shall not include
direct payment for an assistive technology device.
(D) Technology-related information
(i) In general
The State may operate and expand a system for public
access to information concerning an activity carried out
under another paragraph of this subsection, including
information about assistive technology devices and assistive
technology services, funding sources and costs of such
devices and services, and individuals, organizations, and
agencies capable of carrying out such an activity for
individuals with disabilities. The system shall be part of,
and complement the information that is available through a
link to, the National Public Internet Site described in
section 3014(c)(1) of this title.
(ii) Access
Access to the system may be provided through community-
based locations, including public libraries, centers for
independent living (as defined in section 702 of the
Rehabilitation Act of 1973 [29 U.S.C. 796a]), locations of
community rehabilitation programs (as defined in section 7
of such Act [29 U.S.C. 705]), schools, senior citizen
centers, State vocational rehabilitation offices, other
State workforce offices, and other locations frequented or
used by the public.
(iii) Information collection and preparation
In operating or expanding a system described in
subparagraph (A), the State may--
(I) develop, compile, and categorize print, large
print, braille, audio, and video materials, computer
disks, compact discs (including compact discs formatted
with read-only memory), information in alternative
formats that can be used in telephone-based information
systems, and materials using such other media as
technological innovation may make appropriate;
(II) identify and classify funding sources for
obtaining assistive technology devices and assistive
technology services, and the conditions of and criteria
for access to such sources, including any funding
mechanisms or strategies developed by the State;
(III) identify support groups and systems designed
to help individuals with disabilities make effective use
of an activity carried out under another paragraph of
this subsection, including groups that provide
evaluations of assistive technology devices and
assistive technology services; and
(IV) maintain a record of the extent to which
citizens of the State use or make inquiries of the
system established in clause (i), and of the nature of
such inquiries.
(E) Interstate activities
(i) In general
The State may enter into cooperative agreements with
other States to expand the capacity of the States involved
to assist individuals with disabilities of all ages to learn
about, acquire, use, maintain, adapt, and upgrade assistive
technology devices and assistive technology services that
such individuals need at home, at school, at work, or in
other environments that are part of daily living.
(ii) Electronic communication
The State may operate or participate in an electronic
information exchange through which the State may communicate
with other States to gain technical assistance in a timely
fashion and to avoid the duplication of efforts already
undertaken in other States.
(F) Partnerships and cooperative initiatives
The State may support partnerships and cooperative
initiatives between the public sector and the private sector to
promote greater participation by business and industry in--
(i) the development, demonstration, and dissemination of
assistive technology devices; and
(ii) the ongoing provision of information about new
products to assist individuals with disabilities.
(G) Expenses
The State may pay for expenses, including travel expenses,
and services, including services of qualified interpreters,
readers, and personal care assistants, that may be necessary to
ensure access to the comprehensive statewide program of
technology-related assistance by individuals with disabilities
who are determined by the State to be in financial need and not
eligible for such payments or services through another public
agency or private entity.
(H) Advocacy services
The State may provide advocacy services.
(c) Amount of financial assistance
(1) Grants to outlying areas
From the funds appropriated under section 3015(a) of this title
and reserved under section 3015(b)(1)(A) of this title for any
fiscal year for grants under this section, the Secretary shall make
a grant in an amount of not more than $105,000 to each eligible
outlying area.
(2) Grants to States
From the funds described in paragraph (1) that are not used to
make grants under paragraph (1), the Secretary shall make grants to
States in accordance with the requirements described in paragraph
(3).
(3) Calculation of State grants
(A) Calculations for grants in the second or third year of a
second extension grant
For any fiscal year, the Secretary shall calculate the
amount of a grant under paragraph (2) for each eligible State
that would be in the second or third year of a second extension
grant made under section 103 of the Technology-Related
Assistance for Individuals With Disabilities Act of 1988, if
that Act had been reauthorized for that fiscal year.
(B) Calculations for grants in the fourth or fifth year of a
second extension grant
(i) Fourth year
An eligible State that would have been in the fourth
year of a second extension grant made under section 103 of
the Technology-Related Assistance for Individuals With
Disabilities Act of 1988 during a fiscal year, if that Act
had been reauthorized for that fiscal year, shall receive
under paragraph (2) a grant in an amount equal to 75 percent
of the funding that the State received in the prior fiscal
year under section 103 of that Act or under this section, as
appropriate.
(ii) Fifth year
An eligible State that would have been in the fifth year
of a second extension grant made under section 103 of the
Technology-Related Assistance for Individuals With
Disabilities Act of 1988 during a fiscal year, if that Act
had been reauthorized for that fiscal year, shall receive
under paragraph (2) a grant in an amount equal to 50 percent
of the funding that the State received in the third year of
a second extension grant under section 103 of that Act or
under this section, as appropriate.
(C) Prohibition on funds after fifth year of a second extension
grant
Except as provided in subsection (f) of this section, an
eligible State that would have been in the fifth year of a
second extension grant made under section 103 of the Technology-
Related Assistance for Individuals With Disabilities Act of 1988
during a fiscal year, if that Act had been reauthorized for that
fiscal year, may not receive any Federal funds under this
subchapter for any fiscal year after such fiscal year.
(D) Additional States
(i) In general
For purposes of this paragraph, the Secretary shall
treat a State described in clause (ii)--
(I) for fiscal years 1999 through 2001, as if the
State were a State described in subparagraph (A); and
(II) for fiscal year 2002 or 2003, as if the State
were a State described in clause (i) or (ii),
respectively, of subparagraph (B).
(ii) State
A State referred to in clause (i) shall be a State
that--
(I) in fiscal year 1998, was in the second year of
an initial extension grant made under section 103 of the
Technology-Related Assistance for Individuals With
Disabilities Act of 1988; and
(II) meets such terms and conditions as the
Secretary shall determine to be appropriate.
(d) Lead agency
(1) Identification
(A) In general
To be eligible to receive a grant under this section, a
State shall designate a lead agency to carry out appropriate
State functions under this section. The lead agency shall be the
current agency (as of the date of submission of the application
supplement described in subsection (e) of this section)
administering the grant awarded to the State for fiscal year
1998 under title I of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988, except as provided in
subparagraph (B).
(B) Change in agency
The Governor may change the lead agency if the Governor
shows good cause to the Secretary why the designated lead agency
should be changed, in the application supplement described in
subsection (e) of this section, and obtains approval of the
supplement.
(2) Duties of the lead agency
The duties of the lead agency shall include--
(A) submitting the application supplement described in
subsection (e) of this section on behalf of the State;
(B) administering and supervising the use of amounts made
available under the grant received by the State under this
section;
(C)(i) coordinating efforts related to, and supervising the
preparation of, the application supplement described in
subsection (e) of this section;
(ii) continuing the coordination of the maintenance and
evaluation of the comprehensive statewide program of technology-
related assistance among public agencies and between public
agencies and private entities, including coordinating efforts
related to entering into interagency agreements; and
(iii) continuing the coordination of efforts, especially
efforts carried out with entities that provide protection and
advocacy services described in section 3012 of this title,
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
under the grant; and
(D) the delegation, in whole or in part, of any
responsibilities described in subparagraph (A), (B), or (C) to
one or more appropriate offices, agencies, entities, or
individuals.
(e) Application supplement
(1) Submission
Any State that desires to receive a grant under this section
shall submit to the Secretary an application supplement to the
application the State submitted under section 103 of the Technology-
Related Assistance for Individuals With Disabilities Act of 1988, at
such time, in such manner, and for such period as the Secretary may
specify, that contains the following information:
(A) Goals and activities
A description of--
(i) the goals the State has set, for addressing the
assistive technology needs of individuals with disabilities
in the State, including any related to--
(I) health care;
(II) education;
(III) 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.];
(IV) telecommunication and information technology;
or
(V) community living; and
(ii) the activities the State will undertake to achieve
such goals, in accordance with the requirements of
subsection (b) of this section.
(B) Measures of goal achievement
A description of how the State will measure whether the
goals set by the State have been achieved.
(C) Involvement of individuals with disabilities of all ages and
their families
A description of how individuals with disabilities of all
ages and their families--
(i) were involved in selecting--
(I) the goals;
(II) the activities to be undertaken in achieving
the goals; and
(III) the measures to be used in judging if the
goals have been achieved; and
(ii) will be involved in measuring whether the goals
have been achieved.
(D) Redesignation of the lead agency
If the Governor elects to change the lead agency, the
following information:
(i) With regard to the original lead agency, a
description of the deficiencies of the agency.
(ii) With regard to the new lead agency, a description
of--
(I) the capacity of the new lead agency to
administer and conduct activities described in
subsection (b) of this section and this paragraph; and
(II) the procedures that the State will implement to
avoid the deficiencies, described in clause (i), of the
original lead agency.
(iii) Information identifying which agency prepared the
application supplement.
(2) Interim status of State obligations
Except as provided in subsection (f)(2) of this section, when
the Secretary notifies a State that the State shall submit the
application supplement to the application the State submitted under
section 103 of the Technology-Related Assistance for Individuals
With Disabilities Act of 1988, the Secretary shall specify in the
notification the time period for which the application supplement
shall apply, consistent with paragraph (4).
(3) Continuing obligations
Each State that receives a grant under this section shall
continue to abide by the assurances the State made in the
application the State submitted under section 103 of the Technology-
Related Assistance for Individuals With Disabilities Act of 1988 and
continue to comply with reporting requirements under that Act.
(4) Duration of application supplement
(A) Determination
The Secretary shall determine and specify to the State the
time period for which the application supplement shall apply, in
accordance with subparagraph (B).
(B) Limit
Such time period for any State shall not extend beyond the
year that would have been the fifth year of a second extension
grant made for that State under section 103 of the Technology-
Related Assistance for Individuals With Disabilities Act of
1988, if the Act had been reauthorized through that year.
(f) Extension of funding
(1) In general
In the case of a State that was in the fifth year of a second
extension grant in fiscal year 1998 or is in the fifth year of a
second extension grant in any of the fiscal years 1999 through 2004
made under section 103 of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988, or made under this
section, as appropriate, the Secretary may, in the discretion of the
Secretary, award a 3-year extension of the grant to such State if
the State submits an application supplement under subsection (e) of
this section and meets other related requirements for a State
seeking a grant under this section.
(2) Amount
A State that receives an extension of a grant under paragraph
(1), shall receive through the grant, for each of fiscal years of
the extension of the grant, an amount equivalent to the amount the
State received for the fifth year of a second extension grant made
under section 103 of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988, or made under this
section, as appropriate, from funds appropriated under section
3015(a) of this title and reserved under section 3015(b)(1)(A) of
this title for grants under this section.
(3) Limitation
A State may not receive amounts under an extension of a grant
under paragraph (1) after September 30, 2004.
(Pub. L. 105-394, title I, Sec. 101, Nov. 13, 1998, 112 Stat. 3635.)
References in Text
The Technology-Related Assistance for Individuals With Disabilities
Act of 1988, referred to in subsecs. (a)(2), (c)(3), (d)(1)(A), (e), and
(f)(1), (2), 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. Title I of the Act was
classified generally to subchapter I (Sec. 2211 et seq.) of chapter 24
of this title, and section 103 of the Act was classified to section 2213
of this title. In this chapter, references to provisions of this Act are
considered references to such provisions as in effect on the day before
Nov. 13, 1998, see section 3002(b) of this title. For complete
classification of this Act to the Code, see Tables.
This chapter, referred to in subsec. (b)(2)(C)(ii)(II)(bb), was in
the original ``this Act'', meaning Pub. L. 105-394, Nov. 13, 1998, 112
Stat. 3627, which is classified principally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 3001 of this title and Tables.
The Americans with Disabilities Act of 1990, referred to in subsec.
(b)(3)(A)(ii), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which
is classified principally to chapter 126 (Sec. 12101 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 12101 of
Title 42 and Tables.
The Rehabilitation Act of 1973, referred to in subsec.
(e)(1)(A)(i)(III), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as
amended. Title I of the Act is classified generally to subchapter I
(Sec. 720 et seq.) of chapter 16 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 701 of this title and Tables.
Section Referred to in Other Sections
This section is referred to in sections 3002, 3012, 3013, 3014,
3015, 3053 of this title; title 42 sections 15024, 15025, 15043, 15064.
