1997 U.S. Code
Title 29 - LABOR
CHAPTER 24 - TECHNOLOGY RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES
SUBCHAPTER I - GRANTS TO STATES
Sec. 2212 - Development grants

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§2212. Development grants (a) General authority

The Secretary shall award to States 3-year grants to support systems change and advocacy activities described in section 2211(b) of this title (including activities described in subsection (e)(7) of this section) to assist States in developing and implementing consumer-responsive comprehensive statewide programs of technology-related assistance for individuals with disabilities in accordance with the provisions of section 2211 of this title.

(b) Amounts of grants (1) Grants to States

From amounts appropriated under section 2216 of this title, the Secretary shall pay to each State that receives a grant under this section—

(A) for each of the first 2 years of the grant period, an amount that is not less than 0,000 and not more than ,000,000; and

(B) for the third year of the grant period, an amount that is not less than 0,000 and not more than ,500,000.

(2) Grants to territories

From amounts appropriated under section 2216 of this title for any fiscal year, the Secretary shall pay to each territory that receives a grant under this section not more than 0,000.

(3) Calculation of amounts

The Secretary shall calculate the amounts described in paragraphs (1) and (2) on the basis of—

(A) amounts available for making grants under this section;

(B) the population of the State or territory concerned; and

(C) the types of activities proposed by the State relating to the development of a consumer-responsive comprehensive statewide program of technology-related assistance.

(4) Priority for previously participating States

Amounts appropriated for purposes of carrying out the provisions of this section in each of the 2 fiscal years succeeding the fiscal year in which amounts are first appropriated for such purposes shall first be made available to States that received grants under this section during the fiscal year preceding the fiscal year concerned.

(5) Definitions

For purposes of this subsection:

(A) State

The term “State” does not include the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Republic of Palau.

(B) Territory

The term “territory” means the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau (until the Compact of Free Association takes effect).

(c) Priorities for distribution

To the extent practicable, the Secretary shall award grants to States under this section in a manner that—

(1) is geographically equitable; and

(2) distributes the grants among States that have differing levels of development of consumer-responsive comprehensive statewide programs of technology-related assistance.

(d) Designation of lead agency (1) Designation

The Governor of any State that desires to receive a grant under this section shall designate the office, agency, entity, or individual (referred to in this chapter as the “lead agency”) responsible for—

(A) submitting the application 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;

(C)(i) coordinating efforts related to, and supervising the preparation of, the application;

(ii) coordinating the planning, development, implementation, and evaluation of the consumer-responsive comprehensive statewide program of technology-related assistance among public agencies and between public agencies and private agencies, including coordinating efforts related to entering into interagency agreements; and

(iii) coordinating efforts related to, and supervising, 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.

(2) Qualifications

In designating the lead agency, the Governor may designate—

(A) a commission appointed by the Governor;

(B) a public-private partnership or consortium;

(C) a university-affiliated program;

(D) a public agency;

(E) a council established under Federal or State law; or

(F) another appropriate office, agency, entity, or individual.

(3) Abilities of lead agency

The State shall provide, in accordance with subsection (e)(1) of this section, evidence that the lead agency has the ability—

(A) to respond to assistive technology needs across disabilities and ages;

(B) to promote the availability throughout the State of assistive technology devices and assistive technology services;

(C) to promote and implement systems change and advocacy activities;

(D) to promote and develop public-private partnerships;

(E) to exercise leadership in identifying and responding to the technology needs of individuals with disabilities and their family members, guardians, advocates, and authorized representatives;

(F) to promote consumer confidence, responsiveness, and advocacy; and

(G) to exercise leadership in implementing effective strategies for capacity building, staff and consumer training, and enhancement of access to funding for assistive technology devices and assistive technology services across agencies.

(e) Applications

Any State that desires to receive a grant under this section shall submit an application that contains the following information and assurances:

(1) Designation of the lead agency

Information identifying the lead agency designated by the Governor under subsection (d)(1) of this section, and the evidence described in subsection (d)(3) of this section.

(2) Agency involvement

A description of the nature and extent of involvement of various State agencies, including the State insurance department, in the preparation of the application and the continuing role of each agency in the development and implementation of the consumer-responsive comprehensive statewide program of technology-related assistance, including the identification of the available resources and financial responsibility of each agency for paying for assistive technology devices and assistive technology services.

(3) Involvement (A) Consumer involvement

A description of procedures that provide for—

(i)(I) the active involvement of individuals with disabilities and their family members, guardians, advocates, and authorized representatives, and other appropriate individuals, in the development, implementation, and evaluation of the program; and

(II) the active involvement, to the maximum extent appropriate, of individuals with disabilities who use assistive technology devices or assistive technology services, in decisions relating to such devices and services; and

(ii) mechanisms for determining consumer satisfaction and participation of individuals with disabilities who represent a variety of ages and types of disabilities, in the consumer-responsive comprehensive statewide program of technology-related assistance.

(B) Public involvement

A description of the nature and extent of—

(i) the involvement, in the designation of the lead agency under subsection (d) of this section, and in the development of the application, of—

(I) individuals with disabilities and their family members, guardians, advocates, or authorized representatives;

(II) other appropriate individuals who are not employed by a State agency; and

(III) organizations, providers, and interested parties, in the private sector; and

(ii) the continuing role of the individuals and entities described in clause (i) in the program.

(4) Preliminary needs assessment

A tentative assessment of the extent of the need of individuals with disabilities in the State, including individuals from underrepresented populations or rural populations, for a consumer-responsive comprehensive statewide program of technology-related assistance and a description of previous efforts and efforts continuing on the date of the application to develop a consumer-responsive comprehensive statewide program of technology-related assistance.

(5) State resources

A description of State resources and other resources (to the extent such information is available) that are available to commit to the development of a consumer-responsive comprehensive statewide program of technology-related assistance.

(6) Goals, objectives, activities, and outcomes

Information on the program with respect to—

(A) the goals and objectives of the State for the program;

(B) the systems change and advocacy activities that the State plans to carry out under the program; and

(C) the expected outcomes of the State for the program, consistent with the purposes described in section 2201(b)(1) of this title.

(7) Priority activities (A) In general

An assurance that the State will use funds made available under this section or section 2213 of this title to accomplish the purposes described in section 2201(b)(1) of this title and the goals, objectives, and outcomes described in paragraph (6), and to carry out the systems change and advocacy activities described in paragraph (6)(B), in a manner that is consumer-responsive.

(B) Particular activities

An assurance that the State, in carrying out such systems change and advocacy activities, shall carry out activities regarding—

(i) the development, implementation, and monitoring of State, regional, and local laws, regulations, policies, practices, procedures, and organizational structures, that will improve access to, provision of, funding for, and timely acquisition and delivery of, assistive technology devices and assistive technology services;

(ii) the development and implementation of strategies to overcome barriers regarding access to, provision of, and funding for, such devices and services, with priority for identification of barriers to funding through State education (including special education) services, vocational rehabilitation services, and medical assistance services or, as appropriate, other health and human services, and with particular emphasis on overcoming barriers for underrepresented populations and rural populations;

(iii) coordination of activities among State agencies, in order to facilitate access to, provision of, and funding for, assistive technology devices and assistive technology services;

(iv) the development and implementation of strategies to empower individuals with disabilities and their family members, guardians, advocates, and authorized representatives, to successfully advocate for increased access to, funding for, and provision of, assistive technology devices and assistive technology services, and to increase the participation, choice, and control of such individuals with disabilities and their family members, guardians, advocates, and authorized representatives in the selection and procurement of assistive technology devices and assistive technology services;

(v) the provision of outreach to underrepresented populations and rural populations, including identifying and assessing the needs of such populations, providing activities to increase the accessibility of services to such populations, training representatives of such populations to become service providers, and training staff of the consumer-responsive comprehensive statewide program of technology-related assistance to work with such populations; and

(vi) the development and implementation of strategies to ensure timely acquisition and delivery of assistive technology devices and assistive technology services, particularly for children,

unless the State demonstrates through the progress reports required under section 2214 of this title that significant progress has been made in the development and implementation of a consumer-responsive comprehensive statewide program of technology-related assistance, and that other systems change and advocacy activities will increase the likelihood that the program will accomplish the purposes described in section 2201(b)(1) of this title.

(8) Assessment

An assurance that the State will conduct an annual assessment of the consumer-responsive comprehensive statewide program of technology-related assistance, in order to determine—

(A) the extent to which the State's goals and objectives for systems change and advocacy activities, as identified in the State plan under paragraph (6), have been achieved; and

(B) the areas of need that require attention in the next year.

(9) Data collection

A description of—

(A) the data collection system used for compiling information on the program, consistent with such requirements as the Secretary may establish for such systems, and, when a national classification system is developed pursuant to section 2231 of this title, consistent with such classification system; and

(B) procedures that will be used to conduct evaluations of the program.

(10) Compliance with chapter

An assurance that amounts received under the grant will be expended in accordance with the provisions of this subchapter.

(11) Supplement other funds

An assurance that amounts received under the grant—

(A) will be used to supplement amounts available from other sources that are expended for technology-related assistance, including the provision of assistive technology devices and assistive technology services; and

(B) will not be used to pay a financial obligation for technology-related assistance (including the provision of assistive technology devices or assistive technology services) that would have been paid with amounts available from other sources if amounts under the grant had not been available, unless—

(i) such payment is made only to prevent a delay in the receipt of appropriate technology-related assistance (including the provision of assistive technology devices or assistive technology services) by an individual with a disability; and

(ii) the entity or agency responsible subsequently reimburses the appropriate account with respect to programs and activities under the grant in an amount equal to the amount of the payment.

(12) Control of funds and property

An assurance that—

(A) a public agency shall control and administer amounts received under the grant; and

(B) a public agency or an individual with a disability shall—

(i) hold title to property purchased with such amounts; and

(ii) administer such property.

(13) Reports

An assurance that the State will—

(A) 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 subchapter; and

(B) 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 paragraph.

(14) Commingling of funds

An assurance that amounts received under the grant will not be commingled with State or other funds.

(15) Fiscal control and accounting procedures

An assurance that the State will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for amounts received under the grant.

(16) Availability of information

An assurance that the State will—

(A) make available to individuals with disabilities and their family members, guardians, advocates, or authorized representatives information concerning technology-related assistance in a form that will allow such individuals to effectively use such information; and

(B) in preparing such information for dissemination, consider the media-related needs of individuals with disabilities who have sensory and cognitive limitations and consider the use of auditory materials, including audio cassettes, visual materials, including video cassettes and video discs, and braille materials.

(17) State policies with respect to contracts and agreements

A description of the policies governing contracts, grants, and other arrangements with public agencies, private nonprofit organizations, and other entities or individuals for the purpose of providing assistive technology devices and assistive technology services consistent with the provisions of this subchapter.

(18) Distribution procedure

An assurance that, to the extent practicable, technology-related assistance made available with amounts received under the grant will be equitably distributed among all geographical areas of the State.

(19) Authority to use funds

An assurance that the lead agency will have the authority to use funds made available through a grant made under this section or section 2213 of this title to comply with the requirements of this section or section 2213 of this title, respectively, including the ability to hire qualified staff necessary to carry out activities under the program.

(20) Protection and advocacy services

Either—

(A) an assurance that the State will annually provide, from the funds made available to the State through a grant made under this section or section 2213 of this title, an amount calculated in accordance with subsection (f)(4) of this section, in order to make a grant to, or enter into a contract with, an entity to support protection and advocacy services through the systems established to provide protection and advocacy under the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.), the Protection and Advocacy for Mentally Ill Individuals Act (42 U.S.C. 10801 et seq.), and section 794e of this title; or

(B) at the discretion of the State, a request that the Secretary annually reserve, from the funds made available to the State through a grant made under this section or section 2213 of this title, an amount calculated in accordance with subsection (f)(4) of this section, in order for the Secretary to make a grant to or enter into a contract with such a system to support protection and advocacy services.

(21) Training activities

An assurance that the State—

(A) will develop and implement strategies for including personnel training regarding assistive technology within existing Federal- and State-funded training initiatives, in order to enhance assistive technology skills and competencies; and

(B) will document such training.

(22) Limit on indirect costs

An assurance that the percentage of the funds received under the grant that is used for indirect costs shall not exceed 10 percent.

(23) Coordination with State councils

An assurance that the lead agency will coordinate the activities funded through a grant made under this section or section 2213 of this title with the activities carried out by other councils within the State, including—

(A) any council or commission specified in the assurance provided by the State in accordance with section 721(a)(36) of this title;

(B) the Statewide Independent Living Council established under section 796d of this title;

(C) the advisory panel established under section 1413(a)(12) of title 20;

(D) the State Interagency Coordinating Council established under section 1482 of title 20;

(E) the State Planning Council described in section 124 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6024);

(F) the State mental health planning council established under section 300x–3 of title 42; and

(G) any council established under section 3015, 3017(g)(2)(A), or 3058g(a)(3)(H) of title 42.

(24) Coordination with other systems change and advocacy activities

An assurance that there will be coordination between the activities funded through the grant and other related systems change and advocacy activities funded by either Federal or State sources.

(25) Other information and assurances

Such other information and assurances as the Secretary may reasonably require.

(f) Protection and advocacy requirements (1) Requirements

A State that, as of June 30, 1993, has provided for protection and advocacy services through an entity that—

(A) is capable of performing the functions that would otherwise be performed under subsection (e)(20) of this section by the system described in subsection (e)(20) of this section; and

(B) is not a system described in such subsection,

shall be considered to meet the requirements of such subsection. Such entity shall receive funding to provide such protection and advocacy services in accordance with paragraph (4), and shall comply with the same requirements of this subchapter (other than the requirements of such subsection) as a system that receives funding under such subsection.

(2) Protection and advocacy service provider report (A) Preparation

A system that receives funds under subsection (e)(20) of this section to carry out the protection and advocacy services described in subsection (e)(20)(A) of this section in a State, or an entity described in paragraph (1) that carries out such services in the State, shall prepare reports that contain such information as the Secretary may require, including the following:

(i) A description of the activities carried out by the system or entity with such funds.

(ii) Documentation of significant progress, in providing protection and advocacy services, in each of the following areas:

(I) Conducting activities that are consumer-responsive, including activities that will lead to increased access to funding for assistive technology devices and assistive technology services.

(II) Executing legal, administrative, and other appropriate means of representation to implement systems change and advocacy activities.

(III) Developing and implementing strategies designed to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to successfully advocate for assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this chapter.

(IV) Coordinating activities with protection and advocacy services funded through sources other than this chapter, and coordinating activities with the systems change and advocacy activities carried out by the State lead agency.

(B) Submission

The system or entity shall submit the reports to the program described in subsection (a) of this section in the State not less often than every 6 months.

(C) Updates

The system or entity shall provide monthly updates to the program described in subsection (a) of this section concerning the activities and information described in subparagraph (A).

(3) Consultation with State programs

Before making a grant or entering into a contract under subsection (e)(20)(B) of this section to support the protection and advocacy services described in subsection (e)(20)(A) of this section in a State, the Secretary shall solicit and consider the opinions of the lead agency in the State with respect to the terms of the grant or contract.

(4) Calculation of expenditures (A) In general

For each fiscal year, for each State receiving a grant under this section or section 2213 of this title, the Secretary shall specify a minimum amount that the State shall use to provide protection and advocacy services.

(B) Initial years of grant

Except as provided in subparagraph (C) or (D)—

(i) the Secretary shall calculate such minimum amount for a State based on the size of the grant, the needs of individuals with disabilities within the State, the population of the State, and the geographic size of the State; and

(ii) such minimum amount shall be not less than ,000 and not more than 0,000.

(C) Fourth year of second extension grant

If a State receives a second extension grant under section 2213(a)(2) of this title, the Secretary shall specify a minimum amount under subparagraph (A) for the fourth year (if any) of the grant period that shall equal 75 percent of the minimum amount specified for the State under such subparagraph for the third year of the second extension grant of the State.

(D) Fifth year of second extension grant

If a State receives a second extension grant under section 2213(a)(2) of this title, the Secretary shall specify a minimum amount under subparagraph (A) for the fifth year (if any) of the grant period that shall equal 50 percent of the minimum amount specified for the State under such subparagraph for the third year of the second extension grant of the State.

(E) Prohibition

After the fifth year (if any) of the grant period, no Federal funds may be made available under this subchapter by the State to a system described in subsection (e)(20) of this section or an entity described in paragraph (1).

(Pub. L. 100–407, title I, §102, Aug. 19, 1988, 102 Stat. 1052; Pub. L. 103–218, title I, §102, Mar. 9, 1994, 108 Stat. 63.)

References in Text

For Oct. 1, 1994, as the date the Compact of Free Association with Palau takes effect, referred to in subsec. (b)(5)(B), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.

The Developmental Disabilities Assistance and Bill of Rights Act, referred to in subsec. (e)(20)(A), is title I of Pub. L. 88–164, as added by Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2662, and amended, which is classified generally to chapter 75 (§6000 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 6000 of Title 42 and Tables.

The Protection and Advocacy for Mentally Ill Individuals Act, referred to in subsec. (e)(20)(A), probably means the Protection and Advocary for Mentally Ill Individuals Act of 1986, Pub. L. 99–319, May 23, 1986, 100 Stat. 478, as amended, which is classified generally to chapter 114 (§10801 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 10801 of Title 42 and Tables.

Amendments

1994—Subsec. (a). Pub. L. 103–218, §102(1), substituted “3-year grants to support systems change and advocacy activities described in section 2211(b) of this title (including activities described in subsection (e)(7) of this section)” for “3-year grants” and “in developing and implementing consumer-responsive comprehensive statewide programs” for “to develop and implement statewide programs”.

Subsec. (b). Pub. L. 103–218, §102(2), (3), redesignated subsec. (c) as (b) and struck out heading and text of former subsec. (b). Text read as follows: “From amounts appropriated under section 2216 of this title, the Secretary shall award under this section, to the extent appropriate applications are submitted—

“(1) in the first fiscal year for which amounts are appropriated, not more than 10 grants on a competitive basis;

“(2) in the second fiscal year for which amounts are appropriated, not more than 20 grants on a competitive basis; and

“(3) in the third fiscal year for which amounts are appropriated, any number of grants on a competitive basis.”

Subsec. (b)(3)(C). Pub. L. 103–218, §102(4)(A), substituted “consumer-responsive comprehensive statewide program” for “statewide program”.

Subsec. (b)(5)(A). Pub. L. 103–218, §102(4)(B)(i), inserted heading after “(A)” and “United States” before “Virgin Islands” and substituted “Republic of Palau” for “Trust Territory of the Pacific Islands”.

Subsec. (b)(5)(B). Pub. L. 103–218, §102(4)(B)(ii), inserted heading after “(B)” and “United States” before “Virgin Islands” and substituted “Republic of Palau (until the Compact of Free Association takes effect)” for “Trust Territory of the Pacific Islands”.

Subsec. (c). Pub. L. 103–218, §102(3), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).

Subsec. (c)(2). Pub. L. 103–218, §102(5), substituted “consumer-responsive comprehensive statewide programs” for “statewide programs”.

Subsec. (d). Pub. L. 103–218, §102(3), (6), added subsec. (d) and redesignated former subsec. (d) as (c).

Subsec. (e)(1) to (3). Pub. L. 103–218, §102(7)(A), added pars. (1) to (3) and struck out former pars. (1) to (3), which read as follows:

“(1) Designation of responsible entity.—The designation by the Governor of the office, agency, entity, or individual responsible for—

“(A) preparing the application;

“(B) administering and supervising the use of amounts made available under the grant;

“(C) planning and developing the statewide program of technology-related assistance;

“(D) coordination between public and private agencies, including the entering into of interagency agreements;

“(E) ensuring active, timely, and meaningful participation by individuals with disabilities, the families or representatives of such individuals, and other appropriate individuals with respect to performing functions and carrying out activities under the grant; and

“(F) the delegation of any responsibilities described above, in whole or in part, to one or more appropriate offices, agencies, entities, or individuals.

“(2) Agency involvement.—A description of the nature and extent of involvement of various State agencies in the preparation of the application and the continuing role of such agencies in the development of the statewide program of technology-related assistance.

“(3) Public involvement.—A description of the nature and extent of involvement of individuals with disabilities, the families or representatives of such individuals, and other appropriate individuals who are not employed by a State agency in the development of the application and the continuing role of such individuals in the development of the statewide program of technology-related assistance.”

Subsec. (e)(4). Pub. L. 103–218, §102(7)(B), (C), substituted “consumer-responsive comprehensive statewide program” for “statewide program” in two places and “underrepresented populations or rural populations” for “underserved groups”.

Subsec. (e)(5). Pub. L. 103–218, §102(7)(C), substituted “consumer-responsive comprehensive statewide program” for “statewide program”.

Subsec. (e)(6). Pub. L. 103–218, §102(7)(D), (F), added subpar. (6) and struck out heading and text of former subpar. (6). Text read as follows: “The State's goals, objectives, functions, and activities planned under the grant, and the expected outcomes at the end of the grant period with respect to a consumer-responsive statewide program of technology-related assistance, consistent with the purposes described in section 2201(b)(1) of this title.”

Subsec. (e)(7). Pub. L. 103–218, §102(7)(D), (F), added par. (7) and struck out heading and text of former par. (7). Text read as follows: “A description of—

“(A) procedures used for compiling information; and

“(B) procedures that will be used to conduct evaluations.”

Subsec. (e)(8), (9). Pub. L. 103–218, §102(7)(E), (F) added pars. (8) and (9) and redesignated former pars. (8) and (9) as (17) and (18), respectively.

Subsec. (e)(11)(B)(i), (12)(B). Pub. L. 103–218, §102(7)(G), substituted “individual with a disability” for “individual with disabilities”.

Subsec. (e)(16)(A). Pub. L. 103–218, §102(7)(H), substituted “their family members, guardians, advocates, or authorized representatives” for “the families or representatives of individuals with disabilities”.

Subsec. (e)(17). Pub. L. 103–218, §102(7)(D), (E), redesignated par. (8) as (17) and struck out heading and text of former par. (17). Text read as follows: “Such other information and assurances as the Secretary may reasonably require.”

Subsec. (e)(18). Pub. L. 103–218, §102(7)(E), redesignated par. (9) as (18).

Subsec. (e)(19) to (25). Pub. L. 103–218, §102(7)(I), added pars. (19) to (25).

Subsec. (f). Pub. L. 103–218, §102(8), added subsec. (f).

Section Referred to in Other Sections

This section is referred to in sections 2211, 2213, 2214, 2215, 2282 of this title.