§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.
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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
This chapter, referred to in subsec. (b)(2)(C)(ii)(II)(bb), was in the original "this Act", meaning
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(3)(A)(ii), is
The Rehabilitation Act of 1973, referred to in subsec. (e)(1)(A)(i)(III), is
Section Referred to in Other Sections
This section is referred to in sections 3002, 3012, 3013, 3014, 3015, 3053 of this title.