§ 2283 TITLE 29—LABOR Page 768

(A) an assurance that the State will provide at least 50 percent of the cost described

in section 2281(a) of this title, as set forth in

section 2284 of this title, for the purpose of

supporting the alternative financing mechanisms that are covered by the grant;

(B) an assurance that an alternative financing mechanism will continue on a permanent basis; and

(C) a description of the degree to which the

alternative financing mechanisms to be

funded under section 2281 of this title will

expand and emphasize consumer choice and

control;

(3) a State that receives a grant under section 2281 of this title—

(A) shall enter into a contract, with a community-based organization (or a consortia of

such organizations) that has individuals

with disabilities involved at all organizational levels, for the administration of the

alternative financing mechanisms that are

supported under section 2281 of this title;

and

(B) shall require that such communitybased organization enter into a contract, for

the purpose of expanding opportunities

under section 2281 of this title and facilitating the administration of the alternative financing mechanisms, with—

(i) commercial lending institutions or

organizations; or

(ii) State financing agencies; and

(4) a contract between a State that receives

a grant under section 2281 of this title and a

community-based organization described in

paragraph (3)—

(A) shall include a provision regarding the

administration of the Federal and the nonFederal shares in a manner consistent with

the provisions of this subchapter; and

(B) shall include any provision required by

the Secretary dealing with oversight and

evaluation as may be necessary to protect

the financial interests of the United States.

(Pub. L. 100–407, title III, §302, as added Pub. L.

103–218, title III, §301, Mar. 9, 1994, 108 Stat. 92.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2284, 2285 of this

title.

§ 2283. Grant administration requirements

A State that receives a grant under section

2281 of this title, together with any communitybased organization that enters into a contract

with the State to administer an alternative financing mechanism that is supported under section 2281 of this title, shall develop and submit

to the Secretary, pursuant to a timeline that

the Secretary may establish or, if the Secretary

does not establish a timeline, within the 12-

month period beginning on the date that the

State receives the grant, the following policies

or procedures for administration of the mechanism:

(1) A procedure to review and process in a

timely fashion requests for financial assistance for both immediate and potential technology needs, including consideration of methods to reduce paperwork and duplication of effort, particularly relating to need, eligibility,

and determination of the specific device or

service to be provided.

(2) A policy and procedure to assure that access to the alternative financing mechanism

shall be given to consumers regardless of type

of disability, age, location of residence in the

State, or type of assistive technology device

or assistive technology service requested and

shall be made available to applicants of all income levels.

(3) A procedure to assure consumer-controlled oversight.

(Pub. L. 100–407, title III, §303, as added Pub. L.

103–218, title III, §301, Mar. 9, 1994, 108 Stat. 93.)

§ 2284. Financial requirements

(a) Federal share

The Federal share of the costs described in

section 2281(a) of this title shall be not more

than 50 percent.

(b) Requirements

A State that desires to receive a grant under

section 2281 of this title shall include in the application submitted under section 2282 of this

title assurances that the State will meet the following requirements regarding funds supporting

an alternative funding mechanism assisted

under section 2281 of this title:

(1) The State shall make available the funds

necessary to provide the non-Federal share of

the costs described in section 2281(a) of this

title, in cash, from State, local, or private

sources.

(2) Funds that support an alternative financing mechanism assisted under section 2281 of

this title—

(A) shall be used to supplement and not

supplant other Federal, State, and local public funds expended to provide public funding

options; and

(B) may only be distributed through the

entity carrying out the alternative financing mechanism as a payer of last resort for

assistance that is not available in a reasonable or timely fashion from any other Federal, State, or local source.

(3) All funds that support an alternative financing mechanism assisted under section 2281

of this title, including funds repaid during the

life of the mechanism, shall be placed in a permanent separate account and identified and

accounted for separately from any other fund.

Funds within this account may be invested in

low-risk securities in which a regulated insurance company may invest under the law of the

State for which the grant is provided and shall

be administered with the same judgment and

care that a person of prudence, discretion, and

intelligence would exercise in the management of the financial affairs of such person.

(4) Funds comprised of the principal and interest from an account described in paragraph

(3) shall be available to support an alternative

financing mechanism assisted under section

2281 of this title. Any interest or investment

income that accrues on such funds after such

funds have been placed under the control of