Grants to States
Amount of financial assistance
In general
From funds made available to carry out this section, the Secretary shall award a grant to each State, and outlying area, that meets the requirements of this section from an allotment determined in accordance with paragraph (2).
Calculation of State grants
Base year
section 3003 of this titleExcept as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under (as in effect on the day before the effective date of the 21st Century Assistive Technology Act) for fiscal year 2022.
Ratable reduction
In general
If funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each State and outlying area under subparagraph (A) for such fiscal year, the Secretary shall ratably reduce the allotments for such fiscal year.
Additional funds
If, after the Secretary makes the reductions described in clause (i), additional funds become available to carry out this section for the fiscal year, the Secretary shall ratably increase the allotments, until the Secretary has allotted the entire base year amount under subparagraph (A).
Appropriation higher than base year amount
Appropriation higher than threshold amount
Availability of funds
Amounts made available for a fiscal year under this section shall be available for the fiscal year and the year following the fiscal year.
Lead agency, implementing entity, and advisory council
Lead agency and implementing entity
Lead agency
In general
Duties
Implementing entity
The Governor may designate an agency, office, or other entity to carry out State activities under this section (referred to in this section as the “implementing entity”), if such implementing entity is different from the lead agency. The implementing entity shall carry out responsibilities under this chapter through a subcontract or another administrative agreement with the lead agency.
Change in agency or entity
In general
Construction
Nothing in this paragraph shall be construed to require the Governor of a State to change the lead agency or implementing entity of the State to an agency other than the lead agency or implementing entity of such State as of .
Advisory council
In general
There shall be established an advisory council to provide consumer-responsive, consumer-driven advice to the State for planning, implementation, and evaluation of the activities carried out through the grant, including setting the measurable goals described in subsection (d)(3)(C).
Composition and representation
Composition
Majority
In general
Not less than 51 percent of the members of the advisory council shall be members appointed under clause (i)(I), a majority of whom shall be individuals with disabilities.
Representatives of agencies
Members appointed under subclauses (II) through (IX) of clause (i) shall not count toward the majority membership requirement established in subclause (I).
Representation
42 U.S.C. 1396d29 U.S.C. 70520 U.S.C. 1400The advisory council shall be geographically representative of the State and reflect the diversity of the State with respect to race, ethnicity, age, and types of disabilities, and users of types of services that an individual with a disability may receive, including home and community-based services (as defined in section 9817(a)(2) of the American Rescue Plan Act of 2021 ( note)), vocational rehabilitation services (as defined in section 7 of the Rehabilitation Act of 1973 ()), and services through the Individuals with Disabilities Education Act ( et seq.).
Expenses
The members of the advisory council shall receive no compensation for their service on the advisory council, but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties for the advisory council.
Impact on existing statutes, rules, or policies
Nothing in this paragraph shall be construed to affect State statutes, rules, or official policies relating to advisory bodies for State assistive technology programs or require changes to governing bodies of incorporated agencies that carry out State assistive technology programs.
Application
In general
Any State that desires to receive a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require.
Lead agency and implementing entity
In general
Change in lead agency or implementing entity
State plan
Involvement of public and private entities
Assurances
Use of funds
Required activities
In general
State or other non-Federal financial support
State-level activities
State financing activities
Device reutilization programs
The State shall directly, or in collaboration with public or private entities, carry out assistive technology device reutilization programs that provide for the exchange, repair, recycling, or other reutilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or donations.
Device loan programs
20 U.S.C. 140042 U.S.C. 1210129 U.S.C. 794The State shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loans of assistive technology devices to individuals, employers, public agencies, or others seeking to meet the needs of targeted individuals and entities, including others seeking to comply with the Individuals with Disabilities Education Act ( et seq.), the Americans with Disabilities Act of 1990 ( et seq.), and section 504 of the Rehabilitation Act of 1973 ().
Device demonstrations
In general
29 U.S.C. 3102The State shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act (), demonstrate a variety of assistive technology devices and assistive technology services (including assisting individuals in making informed choices regarding, and providing experiences with, the devices and services), using personnel who are familiar with such devices and services and their applications.
Comprehensive information
The State shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders, providers, and repair services.
State leadership activities
Educational activities and technical assistance
In general
The State shall, directly or through the provision of support to public or private entities with demonstrated expertise in collaborating with public or private agencies that serve individuals with disabilities, develop and disseminate training materials, conduct educational activities, and provide technical assistance, for individuals statewide, including representatives of State and local educational agencies, State vocational rehabilitation programs, other State and local agencies, early intervention programs, adult service programs, hospitals and other health care facilities, institutions of higher education, and businesses.
Authorized activities
Transition assistance to individuals with disabilities
Public-awareness activities
In general
Statewide information and referral system
In general
The State shall directly, or in collaboration with public or private entities (including nonprofit organizations), provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities.
Content
The system shall deliver information on assistive technology devices, assistive technology services (with specific data regarding provider availability within the State), and the availability of resources, including funding through public and private sources, to obtain assistive technology devices and assistive technology services. The system shall also deliver information on the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities to perform activities of daily living.
Coordination and collaboration
The State shall coordinate activities described in paragraph (2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of assistive technology devices and assistive technology services to improve access to such devices and services in the State.
Funding rules
Prohibition
Funds made available through a grant to a State under this section shall not be used for direct payment for an assistive technology device for an individual with a disability.
Federal partner collaboration
Indirect costs
Not more than 10 percent of the funds made available through a grant to a State under this section may be used for indirect costs.
State flexibility
In general
Notwithstanding paragraph (1)(A) and subject to subparagraph (B), a State may use funds that the State receives under a grant awarded under this section to carry out any 2 or more of the activities described in paragraph (2).
Special rule
Assistive technology device disposition
Notwithstanding other equipment disposition policy under Federal law, an assistive technology device purchased to be used in activities authorized under this section may be reutilized to the maximum extent possible and then donated to a public agency, private nonprofit agency, or individual with a disability in need of such device.
Annual progress reports
Data collection
Each State receiving a grant under this section shall participate in data collection as required by law, including data collection required for preparation of the reports described in paragraph (2).
Reports
In general
Each State shall prepare and submit to the Secretary an annual progress report on the activities carried out by the State in accordance with subsection (e), including activities funded by State or other non-Federal sources under subsection (e)(1)(B) at such time, and in such manner, as the Secretary may require.
Contents
Pub. L. 105–394, § 4Pub. L. 108–364, § 2118 Stat. 1714Pub. L. 113–128, title V, § 512(b)(2)128 Stat. 1705Pub. L. 114–95, title IX, § 9215(m)129 Stat. 2168Pub. L. 117–263, div. E, title LIV, § 5402136 Stat. 3265(, as added , , ; amended , , ; , , ; , , .)
Editorial Notes
References in Text
section 5403 of Pub. L. 117–263section 3001 of this titleThe effective date of the 21st Century Assistive Technology Act, referred to subsec. (b)(2)(A), is the day that is 6 months after . See , set out as an Effective Date of 2022 Amendment note under .
Pub. L. 93–11287 Stat. 355section 701 of this titleThe Rehabilitation Act of 1973, referred to in subsecs. (c)(2)(B)(i)(IV), (d)(3)(C)(ii), and (e)(3)(B)(i)(I), (4)(B)(ii), is , , . Title I of the Act is classified generally to subchapter I (§ 720 et seq.) of chapter 16 of this title. Part C of title VII of the Act probably should have been a reference to part C of chapter 1 of title VII of the Act, which is classified generally to subpart 3 (§ 796f et seq.) of part A of subchapter VII of chapter 16 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
act Aug. 14, 1935, ch. 53149 Stat. 620section 1305 of Title 42The Social Security Act, referred to in subsecs. (c)(2)(B)(i)(VIII)(aa) and (e)(4)(B)(iii), is , . Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see and Tables.
Pub. L. 89–7379 Stat. 218section 3001 of Title 42The Older Americans Act of 1965, referred to in subsecs. (c)(2)(B)(i)(VIII)(cc) and (e)(4)(B)(iv), is , , , which is classified generally to chapter 35 (§ 3001 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 and Tables.
section 9817(a)(2) of Pub. L. 117–2section 1396d of Title 42Section 9817(a)(2) of the American Rescue Plan Act of 2021, referred to in subsec. (c)(2)(B)(iii), is , which is set out in a note under , The Public Health and Welfare.
Pub. L. 91–23084 Stat. 175section 1400 of Title 20The Individuals with Disabilities Education Act, referred to in subsecs. (c)(2)(B)(iii), (d)(3)(C)(i), and (e)(2)(C), (3)(A)(iii)(I), (4)(B)(i), is title VI of , , , which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see and Tables.
Pub. L. 101–336104 Stat. 327section 12101 of Title 42The Americans with Disabilities Act of 1990, referred to in subsecs. (d)(5)(E) and (e)(2)(C), is , , , which is classified principally to chapter 126 (§ 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 and Tables.
Pub. L. 113–128128 Stat. 1425section 3101 of this titleThe Workforce Innovation and Opportunity Act, referred to in subsec. (e)(3)(B)(i)(I), is , , , which enacted chapter 32 (§ 3101 et seq.) of this title, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 117–2632022— amended section generally. Prior to amendment, section related to State grants to help individuals with disabilities to obtain assistive technology.
Pub. L. 114–95section 7801 of title 202015—Subsec. (c)(2)(B)(i)(V). made technical amendment to reference in original act which appears in text as reference to .
Pub. L. 113–128, § 512(b)(2)(A)29 U.S.C. 28212014—Subsec. (c)(2)(B)(i)(IV). , substituted “a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act” for “a representative of the State workforce investment board established under section 111 of the Workforce Investment Act of 1998 ()”.
Pub. L. 113–128, § 512(b)(2)(B)(i)29 U.S.C. 2801Subsec. (e)(2)(D)(i). , substituted “such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act,” for “such as one-stop partners, as defined in section 101 of the Workforce Investment Act of 1998 (),”.
Pub. L. 113–128, § 512(b)(2)(B)(ii)29 U.S.C. 2801Subsec. (e)(3)(B)(ii)(I)(aa). , substituted “with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act,” for “with entities in the statewide and local workforce investment systems established under the Workforce Investment Act of 1998 ( et seq.),”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Pub. L. 117–263section 5403 of Pub. L. 117–263section 3001 of this titleAmendment by effective on the day that is 6 months after , see , set out as a note under .
Effective Date of 2015 Amendment
Pub. L. 114–95section 5 of Pub. L. 114–95section 6301 of Title 20Amendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under , Education.
Effective Date of 2014 Amendment
Pub. L. 113–128section 506 of Pub. L. 113–128section 3101 of this titleAmendment by effective on the first day of the first full program year after (), see , set out as an Effective Date note under .