§3012. State grants for protection and advocacy related to assistive technology

(a) Grants to States

(1) In general

On the appropriation of funds under section 3015 of this title, the Secretary shall make a grant to an entity in each State to support protection and advocacy services through the systems established to provide protection and advocacy services under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15001 et seq.] for the purposes of assisting in the acquisition, utilization, or maintenance of assistive technology or assistive technology services for individuals with disabilities.

(2) Certain States

Notwithstanding paragraph (1), for a State that, on the day before November 13, 1998, was described in section 102(f)(1) of the Technology-Related Assistance for Individuals With Disabilities Act of 1988, the Secretary shall make the grant to the lead agency designated under section 3011(d) of this title. The lead agency shall determine how the funds made available under this section shall be divided among the entities that were providing protection and advocacy services in that State on that day, and distribute the funds to the entities. In distributing the funds, the lead agency shall not establish any further eligibility or procedural requirements for an entity in that State that supports protection and advocacy services through the systems established to provide protection and advocacy services under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15001 et seq.]. Such an entity shall comply with the same requirements (including reporting and enforcement requirements) as any other entity that receives funding under paragraph (1).

(3) Periods

The Secretary shall provide assistance through such a grant to a State for 6 years.

(b) Amount of financial assistance

(1) Grants to outlying areas

From the funds appropriated under section 3015(a) of this title and reserved under section 3015(b)(1)(A) of this title for any fiscal year, the Secretary shall make a grant in an amount of not more than $30,000 to each eligible system within an outlying area.

(2) Grants to States

For any fiscal year, after reserving funds to make grants under paragraph (1), the Secretary shall make allotments from the remainder of the funds described in paragraph (1) in accordance with paragraph (3) to eligible systems within States to support protection and advocacy services as described in subsection (a) of this section. The Secretary shall make grants to the eligible systems from the allotments.

(3) Systems within States

(A) Population basis

Except as provided in subparagraph (B), from such remainder for each fiscal year, the Secretary shall make an allotment to the eligible system within a State of an amount bearing the same ratio to such remainder as the population of the State bears to the population of all States.

(B) Minimums

Subject to the availability of appropriations to carry out this section, the allotment to any system under subparagraph (A) shall be not less than $50,000, and the allotment to any system under this paragraph for any fiscal year that is less than $50,000 shall be increased to $50,000.

(4) Reallotment

Whenever the Secretary determines that any amount of an allotment under paragraph (3) to a system within a State for any fiscal year will not be expended by such system in carrying out the provisions of this section, the Secretary shall make such amount available for carrying out the provisions of this section to one or more of the systems that the Secretary determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a system for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the system (as determined under the preceding provisions of this section) for such year.

(c) Report to Secretary

An entity that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary may require, including documentation of the progress of the entity in-

(1) conducting consumer-responsive activities, including activities that will lead to increased access, for individuals with disabilities, to funding for assistive technology devices and assistive technology services;

(2) engaging in informal advocacy to assist in securing assistive technology and assistive technology services for individuals with disabilities;

(3) engaging in formal representation for individuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology and assistive technology services for individuals with disabilities;

(4) developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology devices and assistive technology services to which the individuals with disabilities are entitled under law other than this chapter; and

(5) coordinating activities with protection and advocacy services funded through sources other than this subchapter, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency.

(d) Reports and updates to State agencies

An entity that receives a grant under this section shall prepare and submit to the lead agency the report described in subsection (c) of this section and quarterly updates concerning the activities described in subsection (c) of this section.

(e) Coordination

On making a grant under this section to an entity in a State, the Secretary shall solicit and consider the opinions of the lead agency of the State designated under section 3011(d) of this title with respect to efforts at coordination, collaboration, and promoting outcomes between the lead agency and the entity that receives the grant under this section.

( Pub. L. 105–394, title I, §102, Nov. 13, 1998, 112 Stat. 3644 ; Pub. L. 106–402, title IV, §401(b)(4)(B), Oct. 30, 2000, 114 Stat. 1738 .)

References in Text

The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (a)(1), (2), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677 , which is classified principally to chapter 144 (§15001 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 15001 of Title 42 and Tables.

Section 102(f)(1) of the Technology-Related Assistance for Individuals With Disabilities Act of 1988, referred to in subsec. (a)(2), was classified to section 2212(f)(1) of this title prior to repeal by Pub. L. 105–394, title IV, §401, Nov. 13, 1998, 112 Stat. 3661 . In this chapter, references to provisions of this Act are considered references to such provisions as in effect on the day before Nov. 13, 1998, see section 3002(b) of this title.

Amendments

2000-Subsec. (a)(1), (2). Pub. L. 106–402 substituted "Developmental Disabilities Assistance and Bill of Rights Act of 2000" for "Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)".

Section Referred to in Other Sections

This section is referred to in sections 3002, 3011, 3014, 3015 of this title.