§ 3053. — Applications and procedures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC3053]
TITLE 29--LABOR
CHAPTER 31--ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES
SUBCHAPTER III--ALTERNATIVE FINANCING MECHANISMS
Sec. 3053. Applications and procedures
(a) Eligibility
States that receive or have received grants under section 3011 of
this title and comply with subsection (b) of this section shall be
eligible to compete for grants under this subchapter.
(b) Application
To be eligible to compete for a grant under this subchapter, a State
shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may require,
including--
(1) an assurance that the State will provide the non-Federal
share of the cost of the alternative financing program in cash, from
State, local, or private sources;
(2) an assurance that the alternative financing program will
continue on a permanent basis;
(3) an assurance that, and information describing the manner in
which, the alternative financing program will expand and emphasize
consumer choice and control;
(4) an assurance that the funds made available through the grant
to support the alternative financing program will be used to
supplement and not supplant other Federal, State, and local public
funds expended to provide alternative financing mechanisms;
(5) an assurance that the State will ensure that--
(A) all funds that support the alternative financing
program, including funds repaid during the life of the program,
will be placed in a permanent separate account and identified
and accounted for separately from any other fund;
(B) if the organization administering the program invests
funds within this account, the organization will invest the
funds in low-risk securities in which a regulated insurance
company may invest under the law of the State; and
(C) the organization will administer the funds with the same
judgment and care that a person of prudence, discretion, and
intelligence would exercise in the management of the financial
affairs of such person;
(6) an assurance that--
(A) funds comprised of the principal and interest from the
account described in paragraph (5) will be available to support
the alternative financing program; and
(B) any interest or investment income that accrues on or
derives from such funds after such funds have been placed under
the control of the organization administering the alternative
financing program, but before such funds are distributed for
purposes of supporting the program, will be the property of the
organization administering the program; and
(7) an assurance that the percentage of the funds made available
through the grant that is used for indirect costs shall not exceed
10 percent.
(c) Limit
The interest and income described in subsection (b)(6)(B) of this
section shall not be taken into account by any officer or employee of
the Federal Government for purposes of determining eligibility for any
Federal program.
(Pub. L. 105-394, title III, Sec. 303, Nov. 13, 1998, 112 Stat. 3658.)
