1997 U.S. Code
Title 29 - LABOR
CHAPTER 24 - TECHNOLOGY RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES
SUBCHAPTER I - GRANTS TO STATES
Sec. 2213 - Extension grants

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§2213. Extension grants (a) Extension grants (1) Initial extension grant

The Secretary may award an initial extension grant, for a period of 2 years, to any State that meets the standards specified in subsection (b)(1) of this section.

(2) Second extension grant

The Secretary may award a second extension grant, for a period of not more than 5 years, to any State that meets the standards specified in subsection (b)(2) of this section.

(b) Standards (1) Initial extension grant

In order for a State to receive an initial extension grant under this section, the designated lead agency of the State shall—

(A) provide the evidence described in section 2212(d)(3) of this title; and

(B) demonstrate that the State has made significant progress, and has carried out systems change and advocacy activities that have resulted in significant progress, toward the development and implementation of a consumer-responsive comprehensive statewide program of technology-related assistance, consistent with sections 2201(b)(1), 2211, and 2212 of this title.

(2) Second extension grant (A) Responsibilities of designated lead agency

In order for a State to receive a second extension grant under this section, the designated lead agency shall—

(i) provide the evidence and make the demonstration described in paragraph (1);

(ii) describe the steps the State has taken or will take to continue on a permanent basis the consumer-responsive comprehensive statewide program of technology-related assistance with the ability to maintain, at a minimum, the outcomes achieved by the systems change and advocacy activities; and

(iii) identify future funding options and commitments for the program from the public and private sector and the key individuals, agencies, and organizations to be involved in, and to direct future efforts of, the program.

(B) Determination of compliance

In making any award to a State for a second extension grant, the Secretary shall (except as provided in section 2215(a)(2)(A)(iii) of this title) make such award contingent on a determination, based on the onsite visit required under section 2215(a)(2)(A)(ii) of this title, that the State is making significant progress toward development and implementation of a consumer-responsive comprehensive statewide program of technology-related assistance. If the Secretary determines that the State is not making such progress, the Secretary may take an action described in section 2215(b)(2) of this title, in accordance with the applicable procedures described in section 2215 of this title.

(c) Amounts of grants (1) Initial extension grants (A) In general (i) States

From amounts appropriated under section 2216 of this title for any fiscal year, the Secretary shall pay an amount that is not less than 0,000 and not greater than ,500,000 to each State (other than a State described in clause (ii)) that receives an initial extension grant under subsection (a)(1) of this section.

(ii) Territories

From amounts appropriated under section 2216 of this title for any fiscal year, the Secretary shall pay an amount that is not greater than 0,000 to any of the following States that receives an initial extension grant under subsection (a)(1) of this section:

(I) The United States Virgin Islands.

(II) Guam.

(III) American Samoa.

(IV) The Commonwealth of the Northern Mariana Islands.

(V) The Republic of Palau (until the Compact of Free Association takes effect).

(B) Calculation of amount

The Secretary shall calculate the amount described in clause (i) or (ii) of subparagraph (A) with respect to a State on the basis of—

(i) amounts available for making grants pursuant to subsection (a)(1) of this section;

(ii) the population of the State;

(iii) the types of assistance to be provided in the State; and

(iv) the amount of resources committed by the State and available to the State from other sources.

(C) Priority for previously participating States

Amounts appropriated in any fiscal year for purposes of carrying out subsection (a)(1) of this section shall first be made available to States that received assistance under this section during the fiscal year preceding the fiscal year concerned.

(D) Increases

In providing any increases in initial extension grants under subsection (a)(1) of this section above the amounts provided to States under this section for fiscal year 1993, the Secretary may give priority to—

(i) the States (other than the States described in subparagraph (A)(ii)) that have the largest populations, based on the most recent census data; and

(ii) the States (other than the States described in subparagraph (A)(ii)) that are sparsely populated, with a wide geographic spread,

where such characteristics have impeded the development of a consumer-responsive, comprehensive statewide program of technology-related assistance.

(2) Second extension grants (A) Amounts and priority

The amounts of, and the priority of applicants for, the second extension grants awarded under subsection (a)(2) of this section shall be determined by the Secretary, except that—

(i) the amount paid to a State for the fourth year (if any) of the grant period shall be 75 percent of the amount paid to the State for the third year of the grant period;

(ii) the amount paid to a State for the fifth year (if any) of the grant period shall be 50 percent of the amount paid to the State for the third year of the grant period; and

(iii) after the fifth year of the grant period, no Federal funds may be made available to the State under this subchapter.

(B) Increases

In providing any increases in second extension grants under subsection (a)(2) of this section above the amounts provided to States under this section for fiscal year 1993, the Secretary may give priority to States described in paragraph (1)(D).

(d) Application

A State that desires to receive an extension grant under this section shall submit an application to the Secretary that contains the following information and assurances with respect to the consumer-responsive comprehensive statewide program of technology-related assistance in the State:

(1) Information and assurances

The information and assurances described in section 2212(e) of this title, except the preliminary needs assessment described in section 2212(e)(4) of this title.

(2) Needs; problems; strategies; outreach (A) Needs

A description of needs relating to technology-related assistance of individuals with disabilities (including individuals from underrepresented populations or rural populations) and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals within the State.

(B) Problems

A description of any problems or gaps that remain with the development and implementation of a consumer-responsive comprehensive statewide program of technology-related assistance in the State.

(C) Strategies

A description of the strategies that the State will pursue during the grant period to remedy the problems or gaps with the development and implementation of such a program.

(D) Outreach activities

A description of outreach activities to be conducted by the State, including dissemination of information to eligible populations, with special attention to underrepresented populations and rural populations.

(3) Activities and progress under previous grant

A description of—

(A) the specific systems change and advocacy activities described in section 2211(b) of this title (including the activities described in section 2212(e)(7) 1 of this title) carried out under the development grant received by the State under section 2212 of this title, or, in the case of an application for a grant under subsection (a)(2) of this section, under an initial extension grant received by the State under this section, including—

(i) a description of systems change and advocacy activities that were undertaken to produce change on a permanent basis for individuals with disabilities of all ages;

(ii) a description of activities undertaken to improve the involvement of individuals with disabilities in the program, including training and technical assistance efforts to improve individual access to assistive technology devices and assistive technology services as mandated under other laws and regulations as in effect on the date of the application, and including actions undertaken to improve the participation of underrepresented populations and rural populations, such as outreach efforts; and

(iii) an evaluation of the impact and results of the activities described in clauses (i) and (ii);

(B) the relationship of such systems change and advocacy activities to the development and implementation of a consumer-responsive comprehensive statewide program of technology-related assistance; and

(C) the progress made toward the development and implementation of such a program.

(4) Public involvement (A) Report

In the case of an application for a grant under subsection (a)(1) of this section, a report on the hearing described in subsection (e)(1) of this section or, in the case of an application for a grant under subsection (a)(2) of this section, a report on the hearing described in subsection (e)(2) of this section.

(B) Other State actions

A description of State actions, other than such a hearing, designed to determine the degree of satisfaction of individuals with disabilities, and their family members, guardians, advocates, or authorized representatives, public service providers and private service providers, educators and related services providers, technology experts (including engineers), employers, and other appropriate individuals and entities with—

(i) the degree of their ongoing involvement in the development and implementation of the consumer-responsive comprehensive statewide program of technology-related assistance;

(ii) the specific systems change and advocacy activities described in section 2211(b) of this title (including the activities described in section 2212(e)(7) of this title) carried out by the State under the development grant or the initial extension grant;

(iii) progress made toward the development and implementation of a consumer-responsive comprehensive statewide program of technology-related assistance; and

(iv) the ability of the lead agency to carry out the activities described in section 2212(d)(3) of this title.

(5) Comments

A summary of any comments received concerning the issues described in paragraph (4) and response of the State to such comments, solicited through a public hearing referred to in paragraph (4) or through other means, from individuals affected by the consumer-responsive comprehensive statewide program of technology-related assistance, including—

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

(B) public service providers and private service providers;

(C) educators and related services personnel;

(D) technology experts (including engineers);

(E) employers; and

(F) other appropriate individuals and entities.

(6) Compatibility and accessibility of electronic equipment

An assurance that the State, or any recipient of funds made available to the State under section 2212 of this title, will comply with guidelines established under section 794d of this title.

(e) Public hearing (1) Initial extension grant

To be eligible to receive a grant under subsection (a)(1) of this section, a State shall hold a public hearing in the third year of a program carried out under a grant made under section 2212 of this title, after providing appropriate and sufficient notice to allow interested groups and organizations and all segments of the public an opportunity to comment on the program.

(2) Second extension grant

To be eligible to receive a grant under subsection (a)(2) of this section, a State shall hold a public hearing in the second year of a program carried out under a grant made under subsection (a)(1) of this section, after providing the notice described in paragraph (1).

(Pub. L. 100–407, title I, §103, Aug. 19, 1988, 102 Stat. 1055; Pub. L. 103–218, title I, §103, Mar. 9, 1994, 108 Stat. 70.)

References in Text

For Oct. 1, 1994, as the date the Compact of Free Association with Palau takes effect, referred to in subsec. (c)(1)(A)(ii)(V), 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.

Section 2212(e)(7) of this title, referred to in subsec. (d)(3)(A), was in the original “section 1012(e)(7)”, and was translated as reading “section 102(e)(7)”, meaning section 102(e)(7) of Pub. L. 100–407, to reflect the probable intent of Congress, because Pub. L. 100–407 does not contain a section 1012.

Amendments

1994—Pub. L. 103–218 amended section generally, substituting subsecs. (a) to (e) which set up a two-tiered extension grant system and set out standards of eligibility, calculation of amounts of grants, application procedure, and public hearing requirement for former subsecs. (a) to (c) which authorized an extension grant and set out calculations of amounts of such grant, priority for States which received grants in preceding year, application and comment procedure, and directed compatibility and accessibility of electronic equipment.

Section Referred to in Other Sections

This section is referred to in sections 2211, 2212, 2214, 2215, 2282 of this title.

1 See References in Text note below.