§6082. Grant authority

(a) In general

The Secretary-

(1) shall make grants to and enter into contracts with public or nonprofit private entities for projects of national significance relating to individuals with developmental disabilities to-

(A) support ongoing data collection on expenditures, residential services and employment, and develop an ongoing data collection system, including data collection on the accomplishments of State Developmental Disabilities Councils, protection and advocacy systems, and university affiliated programs that includes data on the participation of individuals from racial and ethnic minority backgrounds; and

(B) provide technical assistance (including research, training, and evaluation) that expands or improves the effectiveness of State Developmental Disabilities Councils under subchapter II of this chapter, protection and advocacy systems under subchapter III of this chapter, and university affiliated programs under subchapter IV of this chapter, including the evaluation and assessment of the quality of services provided to individuals with developmental disabilities and other activities performed by programs under subchapters II, III, and IV of this chapter; and

(2) may make grants to and enter into contracts with public or nonprofit private entities for projects of national significance relating to individuals with developmental disabilities to conduct other nationally significant initiatives of sufficient size and scope that hold promise of expanding or otherwise improving opportunities for individuals with developmental disabilities, including-

(A) conducting research and providing technical assistance to assist States to develop statewide, comprehensive information and referral and service coordination systems for individuals with developmental disabilities and their families that are culturally competent and that improve supportive living and quality of life opportunities that enhance recreation, leisure, and fitness;

(B) educating policymakers, including the training of self-advocates and family members of individuals with developmental disabilities;

(C) pursuing Federal interagency initiatives that enhance the ability of Federal agencies to address the needs of individuals with developmental disabilities and their families;

(D) expanding or otherwise improving opportunities for individuals with developmental disabilities who are from racial and ethnic minority backgrounds including projects to encourage members of such groups to participate in the Developmental Disabilities Programs authorized under subchapters II, III, and IV of this chapter, and increase the involvement of students and professionals of such groups in the provision of services to, supports to, and advocacy for, individuals with developmental disabilities; and

(E) conducting research and providing technical assistance to policymakers concerning the transition of youth with developmental disabilities from school to work and to adult life.

(b) Investigations

(1) In general

Not later than April 1, 1994, there shall be a special initiative to support grants to investigate the expansion of subchapter II activities to individuals with severe disabilities other than developmental disabilities. Such investigations shall be implemented through the following activities:

(A) A national study of State Developmental Disabilities Councils that are currently mandated under State law or Executive order to focus on individuals with disabilities other than developmental disabilities. Such study shall be completed not later than June 30, 1995.

(B) Pilot initiatives by not more than five additional State Developmental Disabilities Councils, in consultation with and with the support of the protection and advocacy system and the university affiliated program in such State, to study the implications of such expansion in States in which such Councils are located and to delineate barriers, opportunities, and critical issues. Such initiatives shall be completed not later than January 1996.

(C) A national study of the process and outcomes of the pilot studies conducted under subparagraph (B). Such study shall be completed not later than May 30, 1996.

(2) Application

No grant may be made under this subsection unless an applicant submits to the Secretary an application, and meets the additional application requirements, under subsection (c) of this section.

(c) Application and other grant requirements

No grant may be made under subsection (a) of this section unless-

(1) an application has been submitted to the Secretary in such form, in such manner, and containing such information as the Secretary shall by regulation prescribe and such application has been approved by the Secretary;

(2) each State in which the applicant's project will be conducted has a State plan approved under section 6022 of this title;

(3) the application provides assurances that the human rights of all individuals with developmental disabilities (especially those individuals without familial protection) who are receiving services under projects assisted under this subchapter will be protected consistent with section 6009 of this title (relating to the rights of individuals with developmental disabilities);

(4) the applicant demonstrates, where appropriate, how the project will address, in whole or part, the needs of individuals with developmental disabilities from racial and ethnic minority backgrounds; and

(5) the Secretary provides to the State Developmental Disabilities Council in such State an opportunity to review the application for such project and to submit its comments on the application.

(d) Priorities for grants

Not later than January 1 of each year, the Secretary shall publish in the Federal Register proposed priorities for grants and contracts under this subchapter and shall allow a period of 60 days for public comments and suggestions concerning such proposed priorities. After analyzing and considering such comments, the Secretary shall publish final priorities for such grants and contracts in the Federal Register.

(e) Grant payments

Payments under grants under subsection (a) of this section may be made in advance or by way of reimbursement and at such intervals and on such conditions, as the Secretary finds necessary. The amount of any grant under subsection (a) of this section shall be determined by the Secretary, except as otherwise provided under section 6083 of this title.

(f) List of recipients

Not later than September 1 of each fiscal year, the Secretary shall publish in the Federal Register a list of the recipients of grants and contracts in each of the areas authorized in subsections (a) and (b) of this section, including a brief description of the project, and the amount of funds granted to each such project. The amounts for such grants and contracts shall total the amount appropriated under this subchapter for such fiscal year.

(Pub. L. 88–164, title I, §162, as added Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2683 ; amended Pub. L. 100–146, title V, §502, Oct. 29, 1987, 101 Stat. 857 ; Pub. L. 101–496, §21, Oct. 31, 1990, 104 Stat. 1204 ; Pub. L. 103–230, title V, §503, Apr. 6, 1994, 108 Stat. 328 .)

Amendments

1994-Pub. L. 103–230, §503(a), substituted section catchline for former section catchline.

Subsec. (a). Pub. L. 103–230, §503(b)(1), inserted heading and amended text generally. Prior to amendment, text read as follows: "The Secretary may make grants to and enter into contracts with public or nonprofit private entities for-

"(1) projects of national significance relating to persons with developmental disabilities, including projects to educate policymakers, develop an ongoing data collection system, determine the feasibility and desirability of developing a nationwide information and referral system, improve supportive living and quality of life opportunities which enhance recreation, leisure and fitness, and pursue Federal interagency initiatives, and other projects of sufficient size and scope and which hold promise of expanding or otherwise improving opportunities for persons with developmental disabilities (especially those who are multihandicapped or disadvantaged, including minority groups, Native Americans, Native Hawaiians, and other underserved groups); and

"(2) technical assistance and demonstration projects (including research, training, and evaluation in connection with such projects) which expand or improve the functions of the State Planning Council, the functions performed by university affiliated programs and satellite centers under subchapter IV of this chapter, and protection and advocacy system described in section 6042 of this title.

Projects for the evaluation and assessment of the quality of services provided persons with developmental disabilities which meet the requirements of subparagraphs (A), (B), and (C) of paragraph (1) may be included as projects for which grants are authorized under such paragraph."

Subsec. (b). Pub. L. 103–230, §503(b)(5), (6), added subsec. (b) and redesignated former subsec. (b) as (c).

Pub. L. 103–230, §503(b)(2), inserted heading and amended text generally. Prior to amendment, text read as follows: "No grant may be made under subsection (a) of this section unless an application therefor has been submitted to, and approved by, the Secretary. Such application shall be in such form, submitted in such manner, and contain such information as the Secretary shall by regulation prescribe. The Secretary may not approve such an application unless each State in which the applicant's project will be conducted has a State plan approved under section 6022 of this title, and unless the application provides assurances that the human rights of all persons with developmental disabilities (especially those persons without familial protection) who are receiving treatment, services, or habilitation under projects assisted under this subchapter will be protected consistent with section 6009 of this title (relating to the rights of the developmentally disabled). The Secretary shall provide to the State Planning Council in such State an opportunity to review the application for such project and to submit its comments on the application."

Subsec. (c). Pub. L. 103–230, §503(b)(5), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).

Pub. L. 103–230, §503(b)(3), inserted heading.

Subsec. (d). Pub. L. 103–230, §503(b)(5), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Pub. L. 103–230, §503(b)(4), inserted heading and in text inserted ", except as otherwise provided under section 6083 of this title" before period at end of second sentence.

Subsec. (e). Pub. L. 103–230, §503(b)(5), redesignated subsec. (d) as (e).

Subsec. (f). Pub. L. 103–230, §503(b)(7), added subsec. (f).

1990-Subsec. (a)(1). Pub. L. 101–496, §21(1), inserted "improve supportive living and quality of life opportunities which enhance recreation, leisure and fitness," after "referral system,".

Subsec. (a)(2). Pub. L. 101–496, §21(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "technical assistance and demonstration projects (including research, training, and evaluation in connection with such projects) which hold promise of expanding or otherwise improving the advocacy functions of the State Planning Council, the functions performed by university affiliated programs and satellite centers under subchapter IV of this chapter, and protection and advocacy services relating to the State protection and advocacy system described in section 6042 of this title."

1987-Subsec. (a). Pub. L. 100–146, §502(a)(1), (2), inserted "and enter into contracts with" in introductory provisions, inserted par. (1), and struck out former par. (1) which read as follows: "demonstration projects-

"(A) which are conducted in more than one State,

"(B) which involve the participation of two or more Federal departments or agencies, or

"(C) which are otherwise of national significance,

and which hold promise of expanding or otherwise improving services to persons with developmental disabilities (especially those who are multihandicapped or disadvantaged, including Native Americans, Native Hawaiians, and other underserved groups); and".

Subsec. (a)(2). Pub. L. 100–146, §502(a)(3), inserted "the advocacy functions of the State Planning Council, the functions performed by university affiliated programs and satellite centers under subchapter IV of this chapter, and" after "otherwise improving".

Subsec. (b). Pub. L. 100–146, §502(b), substituted "in such State an opportunity" for "for each State in which an applicant's project will be conducted an opportunity".

Subsecs. (c), (d). Pub. L. 100–146, §502(c), added subsec. (c) and redesignated former subsec. (c) as (d).

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–146 effective Oct. 1, 1987, see section 601 of Pub. L. 100–146, set out as a note under section 6000 of this title.

Section Referred to in Other Sections

This section is referred to in section 6083 of this title.