---
kind: "section"
citation: "29 U.S.C. § 3003"
title: "29"
title_heading: "Labor"
number: "3003"
heading: "Grants for State assistive technology programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/29/3003"
units:
  - "Chapter 31 — Assistive Technology for Individuals with Disabilities"
---

# §3003. Grants for State assistive technology programs

- (a) **Grants to States—** The [Secretary](/usc/29/3002.md?p=13) shall award grants under [subsection (b)](#b) to [States](/usc/29/3002.md?p=14-A) to maintain a comprehensive statewide program of [assistive technology](/usc/29/3002.md?p=3)-related assistance described in [subsection (e)](#e) through [State assistive technology programs](/usc/29/3002.md?p=15) that are designed to—
  - (1) maximize the ability of individuals with [disabilities](/usc/29/3002.md?p=9) across the human lifespan and across the wide array of [disabilities](/usc/29/3002.md?p=9), and their family members, guardians, advocates, and authorized representatives, to obtain [assistive technology](/usc/29/3002.md?p=3); and
  - (2) increase access to [assistive technology](/usc/29/3002.md?p=3).
- (b) **Amount of financial assistance—**
  - (1) **In general—** From funds made available to carry out this section, the [Secretary](/usc/29/3002.md?p=13) shall award a grant to each [State](/usc/29/3002.md?p=14-A), and [outlying area](/usc/29/3002.md?p=14-B-i), that meets the requirements of this section from an allotment determined in accordance with [paragraph (2)](#b-2).
  - (2) **Calculation of State grants—**
    - (A) **Base year—** Except as provided in subparagraphs [(B)](#b-2-B) and [(C)](#b-2-C), the [Secretary](/usc/29/3002.md?p=13) shall allot to each [State](/usc/29/3002.md?p=14-A) and [outlying area](/usc/29/3002.md?p=14-B-i) for a fiscal year an amount that is not less than the amount the [State](/usc/29/3002.md?p=14-A) or [outlying area](/usc/29/3002.md?p=14-B-i) received under the grants provided under section 3003 of this title (as in effect on the day before the effective date of the 21st Century Assistive Technology Act) for fiscal year 2022.
    - (B) **Ratable reduction—**
      - (i) **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](/usc/29/3002.md?p=14-A) and [outlying area](/usc/29/3002.md?p=14-B-i) under [subparagraph (A)](#b-2-A) for such fiscal year, the [Secretary](/usc/29/3002.md?p=13) shall ratably reduce the allotments for such fiscal year.
      - (ii) **Additional funds—** If, after the [Secretary](/usc/29/3002.md?p=13) makes the reductions described in [clause (i)](#b-2-B-i), additional funds become available to carry out this section for the fiscal year, the [Secretary](/usc/29/3002.md?p=13) shall ratably increase the allotments, until the [Secretary](/usc/29/3002.md?p=13) has allotted the entire base year amount under [subparagraph (A)](#b-2-A).
    - (C) **Appropriation higher than base year amount—** For a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount under [subparagraph (A)](#b-2-A) and no greater than $40,000,000, the [Secretary](/usc/29/3002.md?p=13) shall—
      - (i) make the allotments described in [subparagraph (A)](#b-2-A);
      - (ii) from a portion of the remainder of the funds after the [Secretary](/usc/29/3002.md?p=13) makes the allotments described in [clause (i)](#b-2-C-i), the [Secretary](/usc/29/3002.md?p=13) shall—
        - (I) from 50 percent of the portion, allot to each [State](/usc/29/3002.md?p=14-A) an equal amount; and
        - (II) from 50 percent of the portion, allot to each [State](/usc/29/3002.md?p=14-A) an amount that bears the same relationship to such 50 percent as the population of the [State](/usc/29/3002.md?p=14-A) bears to the population of all [States](/usc/29/3002.md?p=14-A),

      until each [State](/usc/29/3002.md?p=14-A) has received an allotment of not less than $410,000 under [clause (i)](#b-2-C-i) and this clause; and

      - (iii) from the remainder of the funds after the [Secretary](/usc/29/3002.md?p=13) makes the allotments described in [clause (ii)](#b-2-C-ii), the [Secretary](/usc/29/3002.md?p=13) shall—
        - (I) from 80 percent of the remainder, allot to each [State](/usc/29/3002.md?p=14-A) an amount that bears the same relationship to such 80 percent as the population of the [State](/usc/29/3002.md?p=14-A) bears to the population of all [States](/usc/29/3002.md?p=14-A); and
        - (II) from 20 percent of the remainder, allot to each [State](/usc/29/3002.md?p=14-A) an equal amount.
    - (D) **Appropriation higher than threshold amount—** For a fiscal year for which the amount of funds made available to carry out this section is $40,000,000 or greater, the [Secretary](/usc/29/3002.md?p=13) shall—
      - (i) make the allotments described in [subparagraph (A)](#b-2-A);
      - (ii) from the funds remaining after the allotment described in [clause (i)](#b-2-D-i), allot to each [outlying area](/usc/29/3002.md?p=14-B-i) an amount of such funds until each [outlying area](/usc/29/3002.md?p=14-B-i) has received an allotment of exactly $150,000 under [clause (i)](#b-2-D-i) and this clause;
      - (iii) from a portion of the remainder of the funds after the [Secretary](/usc/29/3002.md?p=13) makes the allotments described in clauses [(i)](#b-2-D-i) and [(ii)](#b-2-D-ii), the [Secretary](/usc/29/3002.md?p=13) shall—
        - (I) from 50 percent of the portion, allot to each [State](/usc/29/3002.md?p=14-A) an equal amount; and
        - (II) from 50 percent of the portion, allot to each [State](/usc/29/3002.md?p=14-A) an amount that bears the same relationship to such 50 percent as the population of the [State](/usc/29/3002.md?p=14-A) bears to the population of all [States](/usc/29/3002.md?p=14-A),

      until each [State](/usc/29/3002.md?p=14-A) has received an allotment of not less than $450,000 under [clause (i)](#b-2-D-i) and this clause; and

      - (iv) from the remainder of the funds after the [Secretary](/usc/29/3002.md?p=13) makes the allotments described in [clause (iii)](#b-2-D-iii), the [Secretary](/usc/29/3002.md?p=13) shall—
        - (I) from 80 percent of the remainder, allot to each [State](/usc/29/3002.md?p=14-A) an amount that bears the same relationship to such 80 percent as the population of the [State](/usc/29/3002.md?p=14-A) bears to the population of all [States](/usc/29/3002.md?p=14-A); and
        - (II) from 20 percent of the remainder, allot to each [State](/usc/29/3002.md?p=14-A) an equal amount.
  - (3) **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.
- (c) **Lead agency, implementing entity, and advisory council—**
  - (1) **Lead agency and implementing entity—**
    - (A) **Lead agency—**
      - (i) **In general—** The Governor of a [State](/usc/29/3002.md?p=14-A) shall designate a public agency as a lead agency—
        - (I) to control and administer the funds made available through the grant awarded to the [State](/usc/29/3002.md?p=14-A) under this section; and
        - (II) to submit the application described in [subsection (d)](#d) on behalf of the [State](/usc/29/3002.md?p=14-A), to ensure conformance with Federal and [State](/usc/29/3002.md?p=14-A) accounting requirements.
      - (ii) **Duties—** The duties of the lead agency shall include—
        - (I) preparing the application described in [subsection (d)](#d) and carrying out [State](/usc/29/3002.md?p=14-A) activities described in that application, including making programmatic and resource allocation decisions necessary to implement the [comprehensive statewide program of technology-related assistance](/usc/29/3002.md?p=7);
        - (II) coordinating the activities of the [comprehensive statewide program of technology-related assistance](/usc/29/3002.md?p=7) among public and private entities, including coordinating efforts related to entering into interagency agreements and maintaining and evaluating the program; and
        - (III) coordinating efforts, in a way that acknowledges the demographic characteristics of individuals, related to the active, timely, and meaningful participation by individuals with [disabilities](/usc/29/3002.md?p=9) and their family members, guardians, advocates, or authorized representatives, and other appropriate individuals, with respect to activities carried out through the grant.
    - (B) **Implementing entity—** The Governor may designate an agency, office, or other entity to carry out [State](/usc/29/3002.md?p=14-A) 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.
    - (C) **Change in agency or entity—**
      - (i) **In general—** On obtaining the approval of the [Secretary](/usc/29/3002.md?p=13)—
        - (I) the Governor may redesignate the lead agency of a [State](/usc/29/3002.md?p=14-A), if the Governor shows to the [Secretary](/usc/29/3002.md?p=13), in accordance with [subsection (d)(2)(B)](#d-2-B), good cause why the agency designated as the lead agency should not serve as that agency; and
        - (II) the Governor may redesignate the implementing entity of a [State](/usc/29/3002.md?p=14-A), if the Governor shows to the [Secretary](/usc/29/3002.md?p=13) in accordance with [subsection (d)(2)(B)](#d-2-B), good cause why the entity designated as the implementing entity should not serve as that entity.
      - (ii) **Construction—** Nothing in this paragraph shall be construed to require the Governor of a [State](/usc/29/3002.md?p=14-A) to change the lead agency or implementing entity of the [State](/usc/29/3002.md?p=14-A) to an agency other than the lead agency or implementing entity of such [State](/usc/29/3002.md?p=14-A) as of December 23, 2022.
  - (2) **Advisory council—**
    - (A) **In general—** There shall be established an advisory council to provide [consumer-responsive](/usc/29/3002.md?p=8), consumer-driven advice to the [State](/usc/29/3002.md?p=14-A) for planning, implementation, and evaluation of the activities carried out through the grant, including setting the measurable goals described in [subsection (d)(3)(C)](#d-3-C).
    - (B) **Composition and representation—**
      - (i) **Composition—** The advisory council shall be composed of—
        - (I) individuals with [disabilities](/usc/29/3002.md?p=9) who use [assistive technology](/usc/29/3002.md?p=3) or the family members or guardians of the individuals;
        - (II) a representative of the designated [State](/usc/29/3002.md?p=14-A) agency, as defined in section 7 of the Rehabilitation Act of 1973 ([29 U.S.C. 705](/usc/29/705.md));
        - (III) a representative of the designated [State](/usc/29/3002.md?p=14-A) agency for individuals who are blind or that provides assistance or services to adults who are blind (within the meaning of [section 101](/usc/29/101.md) of that Act ([29 U.S.C. 721](/usc/29/721.md))), if such agency is separate from the agency described in [subclause (II)](#c-2-B-i-II);
        - (IV) a representative of a [State](/usc/29/3002.md?p=14-A) center for independent living described in part C of title VII of the Rehabilitation Act of 1973 ([29 U.S.C. 796f](/usc/29/796f.md) et seq.), or the Statewide Independent Living Council established under [section 705](/usc/29/705.md) of such Act ([29 U.S.C. 796d](/usc/29/796d.md));
        - (V) a representative of the [State](/usc/29/3002.md?p=14-A) workforce development board established under [section 101](/usc/29/101.md) of the Workforce Innovation and Opportunity Act ([29 U.S.C. 3111](/usc/29/3111.md));
        - (VI) a representative of the [State](/usc/29/3002.md?p=14-A) educational agency, as defined in [section 7801 of title 20](/usc/20/7801.md);
        - (VII) a representative of an alternative financing program for [assistive technology](/usc/29/3002.md?p=3) if—
          - (aa) there is an alternative financing program for [assistive technology](/usc/29/3002.md?p=3) in the [State](/usc/29/3002.md?p=14-A);
          - (bb) such program is separate from the [State assistive technology program](/usc/29/3002.md?p=15) supported under [subsection (e)(2)](#e-2); and
          - (cc) the program described in [item (aa)](#c-2-B-i-VII-aa) is operated by a nonprofit entity;
        - (VIII) a representative of 1 or more of—
          - (aa) the agency responsible for administering the [State](/usc/29/3002.md?p=14-A) Medicaid program under title XIX of the Social Security Act ([42 U.S.C. 1396](/usc/42/1396.md) et seq.);
          - (bb) the designated [State](/usc/29/3002.md?p=14-A) agency for purposes of [section 15024 of title 42](/usc/42/15024.md);
          - (cc) the [State](/usc/29/3002.md?p=14-A) agency designated under section 305(a)(1) of the Older Americans Act of 1965 ([42 U.S.C. 3025(a)(1)](/usc/42/3025.md?p=a-1)), or an organization that receives assistance under such Act ([42 U.S.C. 3001](/usc/42/3001.md) et seq.);
          - (dd) an organization representing disabled veterans;
          - (ee) a University Center for Excellence in Developmental [Disabilities](/usc/29/3002.md?p=9) Education, Research, and Service designated under [section 15061(a) of title 42](/usc/42/15061.md?p=a);
          - (ff) the [State](/usc/29/3002.md?p=14-A) protection and advocacy system established in accordance with [section 15043 of title 42](/usc/42/15043.md); or
          - (gg) the [State](/usc/29/3002.md?p=14-A) Council on Developmental [Disabilities](/usc/29/3002.md?p=9) established under [section 15025 of title 42](/usc/42/15025.md); and
        - (IX) representatives of other [State](/usc/29/3002.md?p=14-A) agencies, public agencies, or private organizations, as determined by the [State](/usc/29/3002.md?p=14-A).
      - (ii) **Majority—**
        - (I) **In general—** Not less than 51 percent of the members of the advisory council shall be members appointed under [clause (i)(I)](#c-2-B-i-I), a majority of whom shall be individuals with [disabilities](/usc/29/3002.md?p=9).
        - (II) **Representatives of agencies—** Members appointed under subclauses [(II)](#c-2-B-i-II) through [(IX)](#c-2-B-i-IX) of clause (i) shall not count toward the majority membership requirement established in [subclause (I)](#c-2-B-ii-I).
      - (iii) **Representation—** The advisory council shall be geographically representative of the [State](/usc/29/3002.md?p=14-A) and reflect the diversity of the [State](/usc/29/3002.md?p=14-A) with respect to race, ethnicity, age, and types of [disabilities](/usc/29/3002.md?p=9), and users of types of services that an [individual with a disability](/usc/29/3002.md?p=10) may receive, including home and community-based services (as defined in section 9817(a)(2) of the American Rescue Plan Act of 2021 ([42 U.S.C. 1396d](/usc/42/1396d.md) note)), vocational rehabilitation services (as defined in section 7 of the Rehabilitation Act of 1973 ([29 U.S.C. 705](/usc/29/705.md))), and services through the Individuals with [Disabilities](/usc/29/3002.md?p=9) Education Act ([20 U.S.C. 1400](/usc/20/1400.md) et seq.).
    - (C) **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.
    - (D) **Impact on existing statutes, rules, or policies—** Nothing in this paragraph shall be construed to affect [State](/usc/29/3002.md?p=14-A) statutes, rules, or official policies relating to advisory bodies for [State assistive technology programs](/usc/29/3002.md?p=15) or require changes to governing bodies of incorporated agencies that carry out [State assistive technology programs](/usc/29/3002.md?p=15).
- (d) **Application—**
  - (1) **In general—** Any [State](/usc/29/3002.md?p=14-A) that desires to receive a grant under this section shall submit an application to the [Secretary](/usc/29/3002.md?p=13), at such time, in such manner, and containing such information as the [Secretary](/usc/29/3002.md?p=13) may require.
  - (2) **Lead agency and implementing entity—**
    - (A) **In general—** The application shall contain—
      - (i) information identifying and describing the lead agency referred to in [subsection (c)(1)(A)](#c-1-A);
      - (ii) information identifying and describing the implementing entity referred to in [subsection (c)(1)(B)](#c-1-B), if the Governor of the [State](/usc/29/3002.md?p=14-A) designates such an entity; and
      - (iii) a description of how individuals with [disabilities](/usc/29/3002.md?p=9) were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant and through the advisory council established in accordance with [subsection (c)(2)](#c-2).
    - (B) **Change in lead agency or implementing entity—** In any case where—
      - (i) the Governor requests to redesignate a lead agency, the Governor shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for the requested change; or
      - (ii) the Governor requests to redesignate an implementing entity, the Governor shall include in, or amend, the application to request the redesignation and provide a written description of the rationale for the requested change.
  - (3) **State plan—** The application under this subsection shall include a [State](/usc/29/3002.md?p=14-A) plan for [assistive technology](/usc/29/3002.md?p=3) consisting of—
    - (A) a description of how the [State](/usc/29/3002.md?p=14-A) will carry out a comprehensive statewide program that provides [assistive technology](/usc/29/3002.md?p=3) activities described in [subsection (e)](#e) (unless excluded by the [State](/usc/29/3002.md?p=14-A) pursuant to [subsection (e)(5)](#e-5));
    - (B) a description of how the [State](/usc/29/3002.md?p=14-A) will allocate and utilize grant funds to implement the activities described in [subparagraph (A)](#d-3-A), including describing proposed budget allocations and planned procedures for tracking expenditures for the activities;
    - (C) measurable goals, and a timeline for meeting the goals, that the [State](/usc/29/3002.md?p=14-A) has set for addressing the [assistive technology](/usc/29/3002.md?p=3) needs of individuals with [disabilities](/usc/29/3002.md?p=9) in the [State](/usc/29/3002.md?p=14-A) related to—
      - (i) education, including goals involving the provision of [assistive technology](/usc/29/3002.md?p=3) to individuals with [disabilities](/usc/29/3002.md?p=9) who receive services under the Individuals with [Disabilities](/usc/29/3002.md?p=9) Education Act ([20 U.S.C. 1400](/usc/20/1400.md) et seq.);
      - (ii) employment, including goals involving the [State](/usc/29/3002.md?p=14-A) vocational rehabilitation program carried out under title I of the Rehabilitation Act of 1973 ([29 U.S.C. 720](/usc/29/720.md) et seq.);
      - (iii) access to teleassistive technology to aid in the access of health care services, including mental health and substance use disorder services;
      - (iv) accessible information and communication technology instruction for individuals with [disabilities](/usc/29/3002.md?p=9) receiving [assistive technology](/usc/29/3002.md?p=3) under this section; and
      - (v) community living;
    - (D) information describing how the [State](/usc/29/3002.md?p=14-A) will quantifiably measure the goals, in a manner consistent with the data submitted through the progress reports under [subsection (f)](#f), to determine whether the goals have been achieved; and
    - (E) a description of any activities described in [subsection (e)](#e) that the [State](/usc/29/3002.md?p=14-A) will support with [State](/usc/29/3002.md?p=14-A) or other non-Federal funds.
  - (4) **Involvement of public and private entities—** The application shall describe how various public and private entities, including individuals with [disabilities](/usc/29/3002.md?p=9) and their families, were involved in the development of the application, including the measurable goals and timeline described in [paragraph (3)(C)](#d-3-C) and the description of how the goals will be quantifiably measured described in [paragraph (3)(D)](#d-3-D), and will be involved in the implementation of the activities to be carried out through the grant, including—
    - (A) in cases determined to be appropriate by the [State](/usc/29/3002.md?p=14-A), a description of the nature and extent of resources that will be committed by public and private partners to assist in accomplishing identified goals; and
    - (B) a description of the mechanisms established to ensure coordination of activities and collaboration between the implementing entity, if any, and the [State](/usc/29/3002.md?p=14-A).
  - (5) **Assurances—** The application shall include assurances that—
    - (A) the [State](/usc/29/3002.md?p=14-A) will annually collect data related to the required activities implemented by the [State](/usc/29/3002.md?p=14-A) under this section in order to prepare the progress reports required under [subsection (f)](#f);
    - (B) funds received through the grant—
      - (i) will be expended in accordance with this section; and
      - (ii) will be used to supplement, and not supplant, funds available from other sources for technology-related assistance, including the provision of [assistive technology devices](/usc/29/3002.md?p=4) and [assistive technology services](/usc/29/3002.md?p=5);
    - (C) the lead agency will control and administer the funds received through the grant;
    - (D) the [State](/usc/29/3002.md?p=14-A) will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for the funds received through the grant;
    - (E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](/usc/42/12101.md) et seq.) regarding accessibility for individuals with [disabilities](/usc/29/3002.md?p=9);
    - (F) a public agency or an [individual with a disability](/usc/29/3002.md?p=10) holds title to any property purchased with funds received under the grant and administers that property;
    - (G) activities carried out in the [State](/usc/29/3002.md?p=14-A) that are authorized under this chapter, and supported by Federal funds received under this chapter, will comply with the standards established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 ([29 U.S.C. 794d](/usc/29/794d.md)); and
    - (H) the [State](/usc/29/3002.md?p=14-A) will—
      - (i) prepare reports to the [Secretary](/usc/29/3002.md?p=13) in such form and containing such information as the [Secretary](/usc/29/3002.md?p=13) may require to carry out the [Secretary](/usc/29/3002.md?p=13)’s functions under this chapter; and
      - (ii) keep such records and allow access to such records as the [Secretary](/usc/29/3002.md?p=13) may require to ensure the correctness and verification of information provided to the [Secretary](/usc/29/3002.md?p=13) under this subparagraph.
- (e) **Use of funds—**
  - (1) **Required activities—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#e-1-B) and [paragraph (5)](#e-5), any [State](/usc/29/3002.md?p=14-A) that receives a grant under this section shall—
      - (i) use a portion of not more than 40 percent of the funds made available through the grant to carry out all activities described in [paragraph (3)](#e-3), of which not less than 5 percent of such portion shall be available for activities described in [paragraph (3)(A)(iii)](#e-3-A-iii); and
      - (ii) use a portion of the funds made available through the grant to carry out all of the activities described in [paragraph (2)](#e-2).
    - (B) **State or other non-Federal financial support—** A [State](/usc/29/3002.md?p=14-A) receiving a grant under this section shall not be required to use grant funds to carry out the category of activities described in subparagraph [(A)](#e-2-A), [(B)](#e-2-B), [(C)](#e-2-C), or [(D)](#e-2-D) of paragraph (2) in that [State](/usc/29/3002.md?p=14-A) if, for such category of activities, financial support is provided in that [State](/usc/29/3002.md?p=14-A)—
      - (i) from [State](/usc/29/3002.md?p=14-A) or other non-Federal resources or entities; and
      - (ii) in an amount that is comparable to, or greater than, the amount of the portion of the funds made available through the grant that the [State](/usc/29/3002.md?p=14-A) would have expended for such category of activities, in the absence of this subparagraph.
  - (2) **State-level activities—**
    - (A) **State financing activities—** The [State](/usc/29/3002.md?p=14-A) shall support [State](/usc/29/3002.md?p=14-A) financing activities to increase access to, and funding for, [assistive technology devices](/usc/29/3002.md?p=4) and [assistive technology services](/usc/29/3002.md?p=5) (which shall not include direct payment for such a device or service for an [individual with a disability](/usc/29/3002.md?p=10) but may include support and administration of a program to provide such payment), including development of systems to provide and pay for such devices and services, for [targeted individuals and entities](/usc/29/3002.md?p=16) described in [section 3002(16)(A) of this title](/usc/29/3002.md?p=16-A), including—
      - (i) support for the development of systems for the purchase, lease, or other acquisition of, or payment for, [assistive technology devices](/usc/29/3002.md?p=4) and [assistive technology services](/usc/29/3002.md?p=5);
      - (ii) another mechanism that is approved by the [Secretary](/usc/29/3002.md?p=13); or
      - (iii) support for the development of a [State](/usc/29/3002.md?p=14-A)-financed or privately financed alternative financing program engaged in the provision of [assistive technology devices](/usc/29/3002.md?p=4), such as—
        - (I) a low-interest loan fund;
        - (II) an interest buy-down program;
        - (III) a revolving loan fund; or
        - (IV) a loan guarantee or insurance program.
    - (B) **Device reutilization programs—** The [State](/usc/29/3002.md?p=14-A) shall directly, or in collaboration with public or private entities, carry out [assistive technology device](/usc/29/3002.md?p=4) reutilization programs that provide for the exchange, repair, recycling, or other reutilization of [assistive technology devices](/usc/29/3002.md?p=4), which may include redistribution through device sales, loans, rentals, or donations.
    - (C) **Device loan programs—** The [State](/usc/29/3002.md?p=14-A) shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loans of [assistive technology devices](/usc/29/3002.md?p=4) to individuals, employers, public agencies, or others seeking to meet the needs of [targeted individuals and entities](/usc/29/3002.md?p=16), including others seeking to comply with the Individuals with [Disabilities](/usc/29/3002.md?p=9) Education Act ([20 U.S.C. 1400](/usc/20/1400.md) et seq.), the Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](/usc/42/12101.md) et seq.), and section 504 of the Rehabilitation Act of 1973 ([29 U.S.C. 794](/usc/29/794.md)).
    - (D) **Device demonstrations—**
      - (i) **In general—** The [State](/usc/29/3002.md?p=14-A) shall directly, or in collaboration with public and private entities, such as one-stop partners, as defined in [section 3](/usc/29/3.md) of the Workforce Innovation and Opportunity Act ([29 U.S.C. 3102](/usc/29/3102.md)), demonstrate a variety of [assistive technology devices](/usc/29/3002.md?p=4) and [assistive technology services](/usc/29/3002.md?p=5) (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.
      - (ii) **Comprehensive information—** The [State](/usc/29/3002.md?p=14-A) shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about [State](/usc/29/3002.md?p=14-A) and local [assistive technology](/usc/29/3002.md?p=3) venders, providers, and repair services.
  - (3) **State leadership activities—**
    - (A) **Educational activities and technical assistance—**
      - (i) **In general—** The [State](/usc/29/3002.md?p=14-A) 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](/usc/29/3002.md?p=9), develop and disseminate training materials, conduct educational activities, and provide technical assistance, for individuals statewide, including representatives of [State](/usc/29/3002.md?p=14-A) and local educational agencies, [State](/usc/29/3002.md?p=14-A) vocational rehabilitation programs, other [State](/usc/29/3002.md?p=14-A) and local agencies, early intervention programs, [adult service programs](/usc/29/3002.md?p=1), hospitals and other health care facilities, institutions of higher education, and businesses.
      - (ii) **Authorized activities—** In carrying out activities under [clause (i)](#e-3-A-i), the [State](/usc/29/3002.md?p=14-A) shall carry out activities that enhance the knowledge, skills, and competencies of individuals from local settings described in such clause, which may include—
        - (I) raising awareness and providing instruction on the benefits of [assistive technology](/usc/29/3002.md?p=3) and the Federal, [State](/usc/29/3002.md?p=14-A), and private funding sources available to assist [targeted individuals and entities](/usc/29/3002.md?p=16) in acquiring [assistive technology](/usc/29/3002.md?p=3);
        - (II) skills development in assessing the need for [assistive technology devices](/usc/29/3002.md?p=4) and [assistive technology services](/usc/29/3002.md?p=5);
        - (III) instruction to ensure the appropriate application and use of [assistive technology devices](/usc/29/3002.md?p=4), [assistive technology services](/usc/29/3002.md?p=5), and accessible information and communication technology for e-government functions;
        - (IV) instruction in the importance of multiple approaches to assessment and implementation necessary to meet the individualized needs of individuals with [disabilities](/usc/29/3002.md?p=9); and
        - (V) technical instruction on integrating [assistive technology](/usc/29/3002.md?p=3) into the development and implementation of service plans, including any education, health, discharge, Olmstead, employment, or other plan required under Federal or [State](/usc/29/3002.md?p=14-A) law.
      - (iii) **Transition assistance to individuals with disabilities—** The [State](/usc/29/3002.md?p=14-A) shall (directly or through the provision of support to public or private entities) develop and disseminate educational materials, conduct educational activities, facilitate access to [assistive technology](/usc/29/3002.md?p=3), and provide technical assistance, to assist—
        - (I) students with [disabilities](/usc/29/3002.md?p=9), within the meaning of the Individuals with [Disabilities](/usc/29/3002.md?p=9) Education Act ([20 U.S.C. 1400](/usc/20/1400.md) et seq.), that receive transition services; and
        - (II) adults who are individuals with [disabilities](/usc/29/3002.md?p=9) maintaining or transitioning to community living.
    - (B) **Public-awareness activities—**
      - (i) **In general—** The [State](/usc/29/3002.md?p=14-A) shall conduct public-awareness activities designed to provide information to [targeted individuals and entities](/usc/29/3002.md?p=16) relating to the availability, benefits, appropriateness, and costs of [assistive technology devices](/usc/29/3002.md?p=4) and [assistive technology services](/usc/29/3002.md?p=5), including—
        - (I) the development of procedures for providing direct communication between providers of [assistive technology](/usc/29/3002.md?p=3) and [targeted individuals and entities](/usc/29/3002.md?p=16), which may include partnerships with entities in the statewide and local workforce development systems established under the Workforce Innovation and Opportunity Act ([29 U.S.C. 3101](/usc/29/3101.md) et seq.), [State](/usc/29/3002.md?p=14-A) vocational rehabilitation programs, public and private employers, centers for independent living described in part C of title VII of the Rehabilitation Act of 1973 ([29 U.S.C. 796f](/usc/29/796f.md) et seq.), Aging and [Disability](/usc/29/3002.md?p=9) Resource Centers (as defined in section 102 of the Older Americans Act of 1965 ([42 U.S.C. 3002](/usc/42/3002.md))), or elementary schools and secondary schools (as defined in [section 7801 of title 20](/usc/20/7801.md));
        - (II) the development and dissemination, to [targeted individuals and entities](/usc/29/3002.md?p=16), of information about [State](/usc/29/3002.md?p=14-A) efforts related to [assistive technology](/usc/29/3002.md?p=3); and
        - (III) the distribution of materials to appropriate public and private agencies that provide social, medical, educational, employment, housing, and transportation services to individuals with [disabilities](/usc/29/3002.md?p=9).
      - (ii) **Statewide information and referral system—**
        - (I) **In general—** The [State](/usc/29/3002.md?p=14-A) 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](/usc/29/3002.md?p=16).
        - (II) **Content—** The system shall deliver information on [assistive technology devices](/usc/29/3002.md?p=4), [assistive technology services](/usc/29/3002.md?p=5) (with specific data regarding provider availability within the [State](/usc/29/3002.md?p=14-A)), and the availability of resources, including funding through public and private sources, to obtain [assistive technology devices](/usc/29/3002.md?p=4) and [assistive technology services](/usc/29/3002.md?p=5). The system shall also deliver information on the benefits of [assistive technology devices](/usc/29/3002.md?p=4) and [assistive technology services](/usc/29/3002.md?p=5) with respect to enhancing the capacity of individuals with [disabilities](/usc/29/3002.md?p=9) to perform activities of daily living.
    - (C) **Coordination and collaboration—** The [State](/usc/29/3002.md?p=14-A) shall coordinate activities described in [paragraph (2)](#e-2) and this paragraph, among public and private entities that are responsible for policies, procedures, or funding for the provision of [assistive technology devices](/usc/29/3002.md?p=4) and [assistive technology services](/usc/29/3002.md?p=5) to improve access to such devices and services in the [State](/usc/29/3002.md?p=14-A).
  - (4) **Funding rules—**
    - (A) **Prohibition—** Funds made available through a grant to a [State](/usc/29/3002.md?p=14-A) under this section shall not be used for direct payment for an [assistive technology device](/usc/29/3002.md?p=4) for an [individual with a disability](/usc/29/3002.md?p=10).
    - (B) **Federal partner collaboration—** In order to coordinate efforts regarding the availability of funding to access and acquire [assistive technology](/usc/29/3002.md?p=3) through device demonstration, loan, reuse, and [State](/usc/29/3002.md?p=14-A) financing activities, a [State](/usc/29/3002.md?p=14-A) receiving a grant under this section shall ensure that the lead agency or implementing entity is conducting outreach to and, as appropriate, collaborating with, other [State](/usc/29/3002.md?p=14-A) agencies that receive Federal funding for [assistive technology](/usc/29/3002.md?p=3), including—
      - (i) the [State](/usc/29/3002.md?p=14-A) educational agency receiving assistance under the Individuals with [Disabilities](/usc/29/3002.md?p=9) Education Act ([20 U.S.C. 1400](/usc/20/1400.md) et seq.);
      - (ii) the [State](/usc/29/3002.md?p=14-A) vocational rehabilitation agency receiving assistance under title I of the Rehabilitation Act of 1973 ([29 U.S.C. 720](/usc/29/720.md) et seq.);
      - (iii) the agency responsible for administering the [State](/usc/29/3002.md?p=14-A) Medicaid program under title XIX of the Social Security Act ([42 U.S.C. 1396](/usc/42/1396.md) et seq.);
      - (iv) the [State](/usc/29/3002.md?p=14-A) agency receiving assistance under the Older Americans Act of 1965 ([42 U.S.C. 3001](/usc/42/3001.md) et seq.); and
      - (v) any other agency in a [State](/usc/29/3002.md?p=14-A) that funds [assistive technology](/usc/29/3002.md?p=3).
    - (C) **Indirect costs—** Not more than 10 percent of the funds made available through a grant to a [State](/usc/29/3002.md?p=14-A) under this section may be used for indirect costs.
  - (5) **State flexibility—**
    - (A) **In general—** Notwithstanding [paragraph (1)(A)](#e-1-A) and subject to [subparagraph (B)](#e-5-B), a [State](/usc/29/3002.md?p=14-A) may use funds that the [State](/usc/29/3002.md?p=14-A) receives under a grant awarded under this section to carry out any 2 or more of the activities described in [paragraph (2)](#e-2).
    - (B) **Special rule—** Notwithstanding [paragraph (1)(A)](#e-1-A), any [State](/usc/29/3002.md?p=14-A) that exercises its authority under [subparagraph (A)](#e-5-A)—
      - (i) shall carry out each of the required activities described in [paragraph (3)](#e-3); and
      - (ii) shall use not more than 30 percent of the funds made available through the grant to carry out such activities.
  - (6) **Assistive technology device disposition—** Notwithstanding other equipment disposition policy under Federal law, an [assistive technology device](/usc/29/3002.md?p=4) 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](/usc/29/3002.md?p=10) in need of such device.
- (f) **Annual progress reports—**
  - (1) **Data collection—** Each [State](/usc/29/3002.md?p=14-A) 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)](#f-2).
  - (2) **Reports—**
    - (A) **In general—** Each [State](/usc/29/3002.md?p=14-A) shall prepare and submit to the [Secretary](/usc/29/3002.md?p=13) an annual progress report on the activities carried out by the [State](/usc/29/3002.md?p=14-A) in accordance with [subsection (e)](#e), including activities funded by [State](/usc/29/3002.md?p=14-A) or other non-Federal sources under [subsection (e)(1)(B)](#e-1-B) at such time, and in such manner, as the [Secretary](/usc/29/3002.md?p=13) may require.
    - (B) **Contents—** The report shall include data collected pursuant to this section. The report shall document, with respect to activities carried out under this section in the [State](/usc/29/3002.md?p=14-A)—
      - (i) the type of [State](/usc/29/3002.md?p=14-A) financing activities described in [subsection (e)(2)(A)](#e-2-A) used by the [State](/usc/29/3002.md?p=14-A);
      - (ii) the amount and type of assistance given to consumers of the [State](/usc/29/3002.md?p=14-A) financing activities described in [subsection (e)(2)(A)](#e-2-A) (which shall be classified by type of [assistive technology device](/usc/29/3002.md?p=4) or [assistive technology service](/usc/29/3002.md?p=5) financed through the [State](/usc/29/3002.md?p=14-A) financing activities, and geographic distribution within the [State](/usc/29/3002.md?p=14-A)), including—
        - (I) the number of applications for assistance received;
        - (II) the number of applications—
          - (aa) approved;
          - (bb) denied; or
          - (cc) withdrawn;
        - (III) the number, percentage, and dollar amount of defaults for the financing activities;
        - (IV) the range and average interest rate for the financing activities;
        - (V) the range and average income of approved applicants for the financing activities; and
        - (VI) the types and dollar amounts of [assistive technology](/usc/29/3002.md?p=3) financed;
      - (iii) the number, type, and length of time of loans of [assistive technology devices](/usc/29/3002.md?p=4) provided to individuals with [disabilities](/usc/29/3002.md?p=9), employers, public agencies, or public accommodations through the device loan program described in [subsection (e)(2)(C)](#e-2-C), and an analysis of the types of such devices provided through the program, and how each device benefitted the individual who received such device;
      - (iv) the number, type, estimated value, and scope of [assistive technology devices](/usc/29/3002.md?p=4) exchanged, repaired, recycled, or reutilized (including redistributed through device sales, loans, rentals, or donations) through the device reutilization program described in [subsection (e)(2)(B)](#e-2-B), and an analysis of the individuals with [disabilities](/usc/29/3002.md?p=9) who have benefited from the device reutilization program;
      - (v) the number and type of device demonstrations and referrals provided under [subsection (e)(2)(D)](#e-2-D), and an analysis of individuals with [disabilities](/usc/29/3002.md?p=9) who have benefited from the demonstrations and referrals;
      - (vi)
        - (I) the number and general characteristics of individuals who participated in educational activities under [subsection (e)(3)(A)](#e-3-A) (such as individuals with [disabilities](/usc/29/3002.md?p=9), parents, educators, employers, providers of employment services, health care workers, counselors, other service providers, or venders) and the topics of such educational activities; and
        - (II) to the extent practicable, the geographic distribution of individuals who participated in the educational activities;
      - (vii) the frequency of provision and nature of technical assistance provided to [State](/usc/29/3002.md?p=14-A) and local agencies and other entities;
      - (viii) the number of individuals assisted through the statewide information and referral system described in [subsection (e)(3)(B)(ii)](#e-3-B-ii) and descriptions of the public awareness activities under [subsection (e)(3)(B)](#e-3-B);
      - (ix) the outcomes of any improvement initiatives carried out by the [State](/usc/29/3002.md?p=14-A) as a result of activities funded under this section, including a description of any written policies, practices, and procedures that the [State](/usc/29/3002.md?p=14-A) has developed and implemented regarding access to, provision of, and funding for, [assistive technology devices](/usc/29/3002.md?p=4), and [assistive technology services](/usc/29/3002.md?p=5), in the contexts of education, health care, employment, community living, and accessible information and communication technology, including e-government;
      - (x) the source of leveraged funding or other contributed resources, including resources provided through subcontracts or other collaborative resource-sharing agreements, from and with public and private entities to carry out [State](/usc/29/3002.md?p=14-A) activities described in [subsection (e)(3)(C)](#e-3-C), the number of individuals served with the contributed resources for which information is not reported under clauses [(i)](#f-2-B-i) through [(ix)](#f-2-B-ix) or [clause (xi)](#f-2-B-xi), and other outcomes accomplished as a result of such activities carried out with the contributed resources; and
      - (xi) the level of customer satisfaction with the services provided.

## Source credit

(Pub. L. 105–394, § 4, as added Pub. L. 108–364, § 2, Oct. 25, 2004, 118 Stat. 1714; amended Pub. L. 113–128, title V, § 512(b)(2), July 22, 2014, 128 Stat. 1705; Pub. L. 114–95, title IX, § 9215(m), Dec. 10, 2015, 129 Stat. 2168; Pub. L. 117–263, div. E, title LIV, § 5402, Dec. 23, 2022, 136 Stat. 3265.)

## Notes

### Editorial Notes

### References in Text

The effective date of the 21st Century Assistive Technology Act, referred to subsec. (b)(2)(A), is the day that is 6 months after Dec. 23, 2022. See section 5403 of Pub. L. 117–263, set out as an Effective Date of 2022 Amendment note under section 3001 of this title.

The 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 Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355. 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 section 701 of this title and Tables.

The Social Security Act, referred to in subsecs. (c)(2)(B)(i)(VIII)(aa) and (e)(4)(B)(iii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. 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 section 1305 of Title 42 and Tables.

The Older Americans Act of 1965, referred to in subsecs. (c)(2)(B)(i)(VIII)(cc) and (e)(4)(B)(iv), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, 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 section 3001 of Title 42 and Tables.

Section 9817(a)(2) of the American Rescue Plan Act of 2021, referred to in subsec. (c)(2)(B)(iii), is section 9817(a)(2) of Pub. L. 117–2, which is set out in a note under section 1396d of Title 42, The Public Health and Welfare.

The 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 Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.

The Americans with Disabilities Act of 1990, referred to in subsecs. (d)(5)(E) and (e)(2)(C), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, 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 section 12101 of Title 42 and Tables.

The Workforce Innovation and Opportunity Act, referred to in subsec. (e)(3)(B)(i)(I), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, 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 section 3101 of this title and Tables.

### Amendments

2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to State grants to help individuals with disabilities to obtain assistive technology.

2015—Subsec. (c)(2)(B)(i)(V). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20.

2014—Subsec. (c)(2)(B)(i)(IV). Pub. L. 113–128, § 512(b)(2)(A), 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 (29 U.S.C. 2821)”.

Subsec. (e)(2)(D)(i). Pub. L. 113–128, § 512(b)(2)(B)(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 (29 U.S.C. 2801),”.

Subsec. (e)(3)(B)(ii)(I)(aa). Pub. L. 113–128, § 512(b)(2)(B)(ii), 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 (29 U.S.C. 2801 et seq.),”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2022 Amendment

Amendment by Pub. L. 117–263 effective on the day that is 6 months after Dec. 23, 2022, see section 5403 of Pub. L. 117–263, set out as a note under section 3001 of this title.

### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.

### Effective Date of 2014 Amendment

Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of this title.