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29 U.S.C. § 3004 — Grants for protection and advocacy services related to assistive technology

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3004 — Grants for protection and advocacy services related to assistive technology

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Source file: Laws/federal/codes/united-states-code/title-29/section-3004-grants-for-protection-and-advocacy-services-related-to-assistive-technol--0fb3949666.md
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Source location: Title 29, Chapter 31, § 3004; chapter-031-assistive-technology-for-individuals-with-disabilities.md

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**(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 the assistance described under paragraph (1), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.). **(b) Reservation; distribution** (1) **Reservation** — For each fiscal year, the Secretary shall reserve, from the amounts made available to carry out this section under [section 3008(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3008/b/2/B&num=0&edition=prelim), such sums as may be necessary to carry out paragraph (4). (2) **Population basis** — From the amounts appropriated to carry out this section for a fiscal year that remain after the reservation required under 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 amounts as the population of the State bears to the population of all States. (3) **Minimums** — Subject to the availability of appropriations and paragraph (5), 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 a grant under subparagraph (A) shall be the same as the amount provided under paragraph (3)(A). (5) **Adjustments** — For each fiscal year for which the total amount appropriated under [section 3008(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3008/b/2/B&num=0&edition=prelim) to carry out this section is $8,000,000 or more and such appropriated amount exceeds the total amount appropriated to carry out this section for the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) and paragraph (4)(B) by a percentage equal to the percentage increase in the total amount appropriated under [section 3008 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3008&num=0&edition=prelim) to carry out this section for the preceding fiscal year and such total amount for the fiscal year for which the determination is being made. **(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) Carryover; program income** (1) **Carryover** — Any amount paid to a protection and advocacy 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. (2) **Program income** — Program income generated from any amount paid to a protection and advocacy system for a fiscal year shall— (A) remain available to the protection and advocacy system for 5 additional fiscal years after the year in which such amount was paid to the protection and advocacy system and be considered an addition to the grant; and (B) 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. **(e) Report to Secretary** A protection and advocacy system that receives a grant under this section shall annually prepare and submit to the Secretary a report that contains documentation of the progress of the protection and advocacy system 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. **(f) Reports and updates to State agencies** A protection and advocacy system 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3003/c/1&num=0&edition=prelim) the report described in subsection (e) and quarterly updates concerning the activities described in such subsection. **(g) Coordination** On making a grant under this section to a protection and advocacy system 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 protection and advocacy system that receives the grant under this section.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15041 — Purpose

The purpose of this part is to provide for allotments to support a protection and advocacy system (referred to in this part as a “system”) in each State to protect the legal and human rights of individuals with developmental disabilities in accordance with this part.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15041

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3001 — Purposes

The purposes of this chapter are to— (1) to 11 So in original. The word “to” probably should not appear. support State efforts to improve the provision of assistive technology to individuals with disabilities of all ages, including underrepresented populations, through comprehensive statewide programs of technology-related assistance that are designed to— (A) increase the availability of, funding for, access to, provision of, and education about assistive technology devices and assistive technology services; (B) increase the ability of individuals with disabilities to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by educational or human service agencies or between settings of daily living (for example, between home and work); (C) increase the capacity of public agencies and private entities to provide and pay for assistive technology devices and assistive technology services on a statewide basis for individuals with disabilities; (D) increase the involvement of individuals with disabilities and, if appropriate, their family members, guardians, advocates, and authorized representatives, in decisions related to the provision of assistive technology devices and assistive technology services; (E) increase and promote coordination among and between State and local agencies and private entities (such as managed care providers), that are involved in carrying out activities under this chapter; (F) increase the awareness and facilitate the change of laws, regulations, policies, practices, procedures, and organizational structures that facilitate the availability or provision of assistive technology devices and assistive technology services; and (G) increase awareness and knowl

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15001 — Findings, purposes, and policy

**(a) Findings** Congress finds that— (1) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream of United States society; (2) in 1999, there were between 3,200,000 and 4,500,000 individuals with developmental disabilities in the United States, and recent studies indicate that individuals with developmental disabilities comprise between 1.2 and 1.65 percent of the United States population; (3) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely; (4) individuals with developmental disabilities often encounter discrimination in the provision of critical services, such as services in the areas of emphasis (as defined in [section 15002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim)); (5) individuals with developmental disabilities are at greater risk than the general population of abuse, neglect, financial and sexual exploitation, and the violation of their legal and human rights; (6) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services, including access to assistive technology, from generic and specialized service systems, and remain unserved or underserved; (7) individuals with developmental disabilities often require lifelong community services, individualized supports, and other forms of a

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15001

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3008 — Authorization of appropriations; reservations and distribution of funds

**(a) In general** There are authorized to be appropriated to carry out this chapter— (1) $44,000,000 for fiscal year 2023; (2) $45,980,000 for fiscal year 2024; (3) $48,049,100 for fiscal year 2025; (4) $50,211,310 for fiscal year 2026; and (5) $52,470,819 for fiscal year 2027. **(b) Reservations and distribution of funds** Subject to subsection (c), for each fiscal year for which funds are made available under subsection (a) to carry out this chapter, the Secretary shall— (1) reserve an amount equal to 3 percent of the funds made available for each such fiscal year to carry out paragraphs (1) and (2) of [section 3005(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3005/b&num=0&edition=prelim); and (2) from the amounts remaining after making the reservation under paragraph (1)— (A) use 85.5 percent of such amounts to carry out [section 3003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3003&num=0&edition=prelim); and (B) use 14.5 percent of such amounts to carry out [section 3004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3004&num=0&edition=prelim). **(c) Limit for projects of national significance** For any fiscal year for which the amount made available under subsection (a) exceeds $49,000,000 the Secretary may— (1) reserve for [section 3006 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3006&num=0&edition=prelim), an amount of such available funds that does not exceed the lesser of— (A) the excess amount made available; or (B) $2,000,000; and (2) make the reservation under paragraph (1) before carrying out subsection (b).

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3008

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1078–12 — Loan repayment for civil legal assistance attorneys

**(a) Purpose** The purpose of this section is to encourage qualified individuals to enter and continue employment as civil legal assistance attorneys. **(b) Definitions** In this section: (1) **Civil legal assistance attorney** — The term “civil legal assistance attorney” means an attorney who— (A) is a full-time employee of— (i) a nonprofit organization that provides legal assistance with respect to civil matters to low-income individuals without a fee; or (ii) a protection and advocacy system or client assistance program that provides legal assistance with respect to civil matters and receives funding under— (I) subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ([42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.); (II) section 732 or 794e of title 29; (III) part A of title I of the Protection and Advocacy for Individuals with Mental Illness Act ([42 U.S.C. 10801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10801&num=0&edition=prelim) et seq.); (IV) [section 3004 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3004&num=0&edition=prelim); (V) [section 1320b–21 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320b–21&num=0&edition=prelim); (VI) [section 300d–53 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300d–53&num=0&edition=prelim); or (VII) [section 21061 of title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21061&num=0&edition=prelim); (B) as such employee, provides civil legal assista

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1078–12

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3005 — Technical assistance and data collection support

**(a) Definitions** In this section: (1) **Qualified data collection and reporting entity** — The term “qualified data collection and reporting entity” means an entity with demonstrated expertise in data collection and reporting as described in [section 3003(f)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3003/f/2/B&num=0&edition=prelim), in order to— (A) provide recipients of grants under this chapter with instruction and technical assistance; and (B) assist such recipients with data collection and data requirements. (2) **Qualified protection and advocacy system technical assistance provider** — The term “qualified protection and advocacy system technical assistance provider” means an entity that has experience in— (A) working with protection and advocacy systems established in accordance with [section 15043 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15043&num=0&edition=prelim); and (B) providing technical assistance to protection and advocacy agencies. (3) **Qualified technical assistance provider** — The term “qualified technical assistance provider” means an entity with demonstrated expertise in assistive technology and that has (directly or through grant or contract)— (A) experience and expertise in administering programs, including developing, implementing, and administering all of the activities described in [section 3003(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3003/e&num=0&edition=prelim); and (B) documented experience in and knowledge about— (i) assistive technology device loan and demonstration; (ii) assistive technology device reuse; (iii) financial loans and microlending,

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3005

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 3004 — Grants for protection and advocacy serv-

Page 812 TITLE 29—LABOR § 3004 The Social Security Act, referred to in subsecs. (c)(2)(B)(i)(VIII)(aa) and (e)(4)(B)(iii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classi- fied generally to subchapter XIX (§ 1396 et seq.) of chap- ter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see sec- tion 1305 of Title 42 and Tables. The Older Americans Act of 1965, referred to in sub- secs. (c)(2)(B)(i)(VIII)(cc) and (e)(4)(B)(iv), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, which is classified gen- erally to chapter 35 (§ 3001 et seq.) of Title 42, The Pub- lic Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 42 and Tables. Section 9817(a)(2) of the American Rescue Plan Act of 2021, referred to in subsec. (c)(2)(B)(iii), is section 9817(a)(2) of Pub. L. 117–2, which is set out in a note under section 1396d of Title 42, The Public Health and Welfare. The Individuals with Disabilities Education Act, re- ferred to in subsecs. (c)(2)(B)(iii), (d)(3)(C)(i), and (e)(2)(C), (3)(A)(iii)(I), (4)(B)(i), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified gen- erally to chapter 33 (§ 1400 et seq.) of Title 20, Edu- cation. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. The Americans with Disabilities Act of 1990, referred to in subsecs. (d)(5)(E) and (e)(2)(C), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified prin- cipally to chapter 126 (§ 12101 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 12101 of Title 42 an

Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 3004

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15041 — Purpose

Page 8681 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15042 court the record of the proceedings on which the Secretary based the action, as provided in sec- tion 2112 of title 28. (c) Jurisdiction Upon the filing of the petition, the court shall have jurisdiction to affirm the action of the Sec- retary or to set the action aside, in whole or in part, temporarily or permanently. Until the fil- ing of the record, the Secretary may modify or set aside the order of the Secretary relating to the action. (d) Findings and remand The findings of the Secretary about the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case involved to the Secretary for further proceedings to take further evidence. On remand, the Secretary may make new or modified findings of fact and may modify the previous action of the Secretary, and shall file with the court the record of the further pro- ceedings. Such new or modified findings of fact shall likewise be conclusive if supported by sub- stantial evidence. (e) Finality The judgment of the court affirming or setting aside, in whole or in part, any action of the Sec- retary shall be final, subject to review by the Supreme Court of the United States upon certio- rari or certification as provided in section 1254 of title 28. (f) Effect The commencement of proceedings under this section shall not, unless so specifically ordered by a court, operate as a stay of the Secretary’s action. (Pub. L. 106–402, title I, § 128, Oct. 30, 2000, 114 Stat. 1711.) § 15029. Authorization of appropriations (a) Funding for State allotments Except as described in subsection (b), there are authorized to be appropriated for allotments under section 15022 of this title $76,

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 15041

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