§ 3012. — State grants for protection and advocacy related to assistive technology.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC3012]
TITLE 29--LABOR
CHAPTER 31--ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES
SUBCHAPTER I--STATE GRANT PROGRAMS
Sec. 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, Sec. 102, Nov. 13, 1998, 112 Stat. 3644; Pub.
L. 106-402, title IV, Sec. 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
(Sec. 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, Sec. 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; title 42 sections 15024, 15025, 15043, 15064.
