29 U.S.C. § 3004 : US Code - Section 3004: State grants for protection and advocacy services related to assistive technology

Search 29 U.S.C. § 3004 : US Code - Section 3004: State grants for protection and advocacy services related to assistive technology

(a) Grants
(1) In general
The Secretary shall make grants under subsection (b) to
protection and advocacy systems in each State for the purpose of
enabling such systems to assist in the acquisition, utilization,
or maintenance of assistive technology devices or assistive
technology services for individuals with disabilities.
(2) General authorities
In providing such assistance, protection and advocacy systems
shall have the same general authorities as the systems are
afforded under subtitle C of title I of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C.
15041 et seq.), as determined by the Secretary.
(b) Grants
(1) Reservation
For each fiscal year, the Secretary shall reserve such sums as
may be necessary to carry out paragraph (4).
(2) Population basis
From the funds appropriated under section 3007(b) of this title
for a fiscal year and remaining after the reservation required by
paragraph (1) has been made, the Secretary shall make a grant to
a protection and advocacy system within each State in an amount
bearing the same ratio to the remaining funds as the population
of the State bears to the population of all States.
(3) Minimums
Subject to the availability of appropriations, the amount of a
grant to a protection and advocacy system under paragraph (2) for
a fiscal year shall -
(A) in the case of a protection and advocacy system located
in American Samoa, Guam, the United States Virgin Islands, or
the Commonwealth of the Northern Mariana Islands, not be less
than $30,000; and
(B) in the case of a protection and advocacy system located
in a State not described in subparagraph (A), not be less than
$50,000.
(4) Payment to the system serving the American Indian Consortium
(A) In general
The Secretary shall make grants to the protection and
advocacy system serving the American Indian Consortium to
provide services in accordance with this section.
(B) Amount of grants
The amount of such grants shall be the same as the amount
provided under paragraph (3)(A).
(c) Direct payment
Notwithstanding any other provision of law, the Secretary shall
pay directly to any protection and advocacy system that complies
with this section, the total amount of the grant made for such
system under this section, unless the system provides otherwise for
payment of the grant amount.
(d) Certain States
(1) Grant to lead agency
Notwithstanding any other provision of this section, with
respect to a State that, on November 12, 1998, was described in
section 2212(f)(1) (!1) of this title, the Secretary shall pay
the amount of the grant described in subsection (a), and made
under subsection (b), to the lead agency designated under section
3003(c)(1) of this title for the State.
(2) Distribution of funds
A lead agency to which a grant amount is paid under paragraph
(1) shall determine the manner in which funds made available
through the grant will be allocated among the entities that were
providing protection and advocacy services in that State on the
date described in such paragraph, and shall distribute funds to
such entities. In distributing such funds, the lead agency shall
not establish any additional eligibility or procedural
requirements for an entity in the State that supports protection
and advocacy services through a protection and advocacy system.
Such an entity shall comply with the same requirements (including
reporting and enforcement requirements) as any other entity that
receives funding under this section.
(3) Application of provisions
Except as provided in this subsection, the provisions of this
section shall apply to the grant in the same manner, and to the
same extent, as the provisions apply to a grant to a system.
(e) Carryover
Any amount paid to an eligible system for a fiscal year under
this section that remains unobligated at the end of such fiscal
year shall remain available to such system for obligation during
the subsequent fiscal year. Program income generated from such
amount shall remain available for 2 additional fiscal years after
the year in which such amount was paid to an eligible system and
may only be used to improve the awareness of individuals with
disabilities about the accessibility of assistive technology and
assist such individuals in the acquisition, utilization, or
maintenance of assistive technology devices or assistive technology
services.
(f) 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 devices 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 devices 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;
(5) coordinating activities with protection and advocacy
services funded through sources other than this chapter, and
coordinating activities with the capacity building and advocacy
activities carried out by the lead agency; and
(6) effectively allocating funds made available under this
section to improve the awareness of individuals with disabilities
about the accessibility of assistive technology and assist such
individuals in the acquisition, utilization, or maintenance of
assistive technology devices or assistive technology services.
(g) Reports and updates to State agencies
An entity that receives a grant under this section shall prepare
and submit to the lead agency of the State designated under section
3003(c)(1) of this title the report described in subsection (f) and
quarterly updates concerning the activities described in subsection
(f).
(h) 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 with respect to efforts at coordination of
activities, collaboration, and promoting outcomes between the lead
agency and the entity that receives the grant under this section.