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 and Tables. The Workforce Innovation and Opportunity Act, re- ferred to in subsec. (e)(3)(B)(i)(I), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of this title, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. AMENDMENTS 2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to State grants to help individuals with disabilities to obtain assistive tech- nology. 2015—Subsec. (c)(2)(B)(i)(V). Pub. L. 114–95 made tech- nical amendment to reference in original act which ap- pears in text as reference to section 7801 of title 20. 2014—Subsec. (c)(2)(B)(i)(IV). Pub. L. 113–128, § 512(b)(2)(A), substituted ‘‘a representative of the State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act’’ for ‘‘a representative of the State workforce invest- ment board established under section 111 of the Work- force Investment Act of 1998 (29 U.S.C. 2821)’’. Subsec. (e)(2)(D)(i). Pub. L. 113–128, § 512(b)(2)(B)(i), substituted ‘‘such as one-stop partners, as defined in section 3 of the Workforce Innovation and Opportunity Act,’’ for ‘‘such as one-stop partners, as defined in sec- tion 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801),’’. Subsec. (e)(3)(B)(ii)(I)(aa). Pub. L. 113–128, § 512(b)(2)(B)(ii), substituted ‘‘with entities in the state- wide and local workforce development systems estab- lished under the Workforce Innovation and Opportunity Act,’’ for ‘‘with entities in the statewide and local workforce investment systems established under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.),’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–263 effective on the day that is 6 months after Dec. 23, 2022, see section 5403 of Pub. L. 117–263, set out as a note under section 3001 of this title. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of this title. § 3004. Grants for protection and advocacy serv- ices related to assistive technology (a) Grants (1) In general The Secretary shall make grants under sub- section (b) to protection and advocacy systems in each State for the purpose of enabling such systems to assist in the acquisition, utiliza- tion, or maintenance of assistive technology devices or assistive technology services for in- dividuals with disabilities. (2) General authorities In providing the assistance described under paragraph (1), protection and advocacy sys- tems shall have the same general authorities as the systems are afforded under subtitle C of title I of the Developmental Disabilities As- sistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.). (b) Reservation; distribution (1) Reservation For each fiscal year, the Secretary shall re- serve, from the amounts made available to carry out this section under section 3008(b)(2)(B) of this title, 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 popu- lation 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 para- graph (2) for a fiscal year shall— (A) in the case of a protection and advo- cacy 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 advo- cacy system located in a State not described in subparagraph (A), not be less than $50,000. (4) Payment to the system serving the Amer- ican Indian consortium (A) In general The Secretary shall make grants to the protection and advocacy system serving the Page 813 TITLE 29—LABOR § 3004 American Indian consortium to provide serv- ices in accordance with this section. (B) Amount of grants The amount of a grant under subparagraph (A) shall be the same as the amount pro- vided 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 to carry out this sec- tion is $8,000,000 or more and such appro- priated amount exceeds the total amount ap- propriated to carry out this section for the preceding fiscal year, the Secretary shall in- crease each of the minimum grant amounts described in subparagraphs (A) and (B) of para- graph (3) and paragraph (4)(B) by a percentage equal to the percentage increase in the total amount appropriated under section 3008 of this title to carry out this section for the pre- ceding 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 protec- tion 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 advo- cacy system for a fiscal year under this sec- tion 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 ac- cessibility of assistive technology and assist such individuals in the acquisition, utiliza- tion, or maintenance of assistive technology devices or assistive technology services. (e) Report to Secretary A protection and advocacy system that re- ceives 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 activi- ties, including activities that will lead to in- creased 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 in- dividuals with disabilities to secure systems change, and in advocacy activities to secure assistive technology devices and assistive technology services for individuals with dis- abilities; (4) developing and implementing strategies to enhance the long-term abilities of individ- uals with disabilities and their family mem- bers, guardians, advocates, and authorized rep- resentatives to advocate the provision of as- sistive technology devices and assistive tech- nology 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 ac- tivities with the capacity building and advo- cacy activities carried out by the lead agency; and (6) effectively allocating funds made avail- able under this section to improve the aware- ness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition, utiliza- tion, or maintenance of assistive technology devices or assistive technology services. (f) Reports and updates to State agencies A protection and advocacy system that re- ceives a grant under this section shall prepare and submit to the lead agency of the State des- ignated under section 3003(c)(1) of this title 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 pro- tection and advocacy system in a State, the Sec- retary shall solicit and consider the opinions of the lead agency of the State with respect to ef- forts at coordination of activities, collaboration, and promoting outcomes between the lead agen- cy and the protection and advocacy system that receives the grant under this section. (Pub. L. 105–394, § 5, as added Pub. L. 108–364, § 2, Oct. 25, 2004, 118 Stat. 1725; amended Pub. L. 117–263, div. E, title LIV, § 5402, Dec. 23, 2022, 136 Stat. 3279.) Editorial Notes REFERENCES IN TEXT The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (a)(2), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitle C of title I of the Act is classified generally to part C (§ 15041 et seq.) of subchapter I of chapter 144 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 15001 of Title 42 and Tables. AMENDMENTS 2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to State grants for pro- tection and advocacy services related to assistive tech- nology. Page 814 TITLE 29—LABOR § 3005 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–263 effective on the day that is 6 months after Dec. 23, 2022, see section 5403 of Pub. L. 117–263, set out as a note under section 3001 of this title. § 3005. Technical assistance and data collection support (a) Definitions In this section: (1) Qualified data collection and reporting en- tity The term ‘‘qualified data collection and re- porting entity’’ means an entity with dem- onstrated expertise in data collection and re- porting as described in section 3003(f)(2)(B) of this title, in order to— (A) provide recipients of grants under this chapter with instruction and technical as- sistance; and (B) assist such recipients with data collec- tion 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 sec- tion 15043 of title 42; and (B) providing technical assistance to pro- tection 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 admin- istering programs, including developing, im- plementing, and administering all of the ac- tivities described in section 3003(e) of this title; and (B) documented experience in and knowl- edge about— (i) assistive technology device loan and demonstration; (ii) assistive technology device reuse; (iii) financial loans and microlending, in- cluding the activities of alternative fi- nancing programs for assistive technology; and (iv) State leadership activities. (b) Technical assistance and data collection sup- port authorized (1) Support for assistive technology edu- cational activities and technical assistance From amounts made available under section 3008(b)(1) of this title, the Secretary shall award, on a competitive basis, grants, con- tracts, or cooperative agreements— (A) to qualified technical assistance pro- viders to support activities described in sub- section (d)(1) for States receiving grants under section 3003 of this title; and (B) to qualified protection and advocacy system technical assistance providers to support activities described in subsection (d)(1) for protection and advocacy systems receiving grants under section 3004 of this title. (2) Support for data collection and reporting assistance From amounts made available under section 3008(b)(1) of this title, the Secretary shall award, on a competitive basis, grants, con- tracts, or cooperative agreements— (A) to qualified data collection and report- ing entities, to enable the qualified data col- lection and reporting entities to carry out the activities described in subsection (d)(2) for States receiving grants under section 3003 of this title; and (B) to qualified protection and advocacy system technical assistance providers, to en- able the providers to carry out the activities described in subsection (d)(2) for protection and advocacy systems receiving grants under section 3004 of this title. (c) Application (1) In general To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Sec- retary at such time, in such manner, and con- taining the following information: (A) A description of the activities such en- tity will carry out with the grant, contract, or cooperative agreement under subsection (d). (B) A description of the expertise such en- tity has to carry out such activities. (C) In the case of an entity applying to re- ceive a grant, contract, or cooperative agreement under subsection (b)(1), a descrip- tion of such entity’s plan for complying with the requirements described in subsection (d)(1)(B). (D) A description of such entity’s plan to comply with all relevant State and Federal laws, regulations, and policies with respect to data privacy and security. (E) Such other information as the Sec- retary may require. (2) Input In developing grants, contracts, or coopera- tive agreements under this section, the Sec- retary shall consider the input of the recipi- ents of grants under sections 3003 and 3004 of this title and other individuals the Secretary determines to be appropriate, especially— (A) individuals with disabilities who use assistive technology and understand the bar- riers to the acquisition of such technology and assistive technology services; (B) family members, guardians, advocates, and authorized representatives of such indi- viduals; (C) relevant employees from Federal de- partments and agencies, other than the De- partment of Health and Human Services; (D) representatives of businesses; and (E) venders and public and private re- searchers and developers.