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29 U.S.C. § 3008 — Authorization of appropriations; reserva-
Federal law — U.S. Code and appendices · legal_authorities
Page 818
TITLE 29—LABOR
§ 3008
to substantially comply with the applicable
requirements of this chapter, or to make sub-
stantial progress toward achieving the meas-
urable goals described in subsection (b)(1) with
respect to the grant program, the Secretary
shall assist the entity, through technical as-
sistance funded under section 3005 of this title
or other means, within 90 days after such de-
termination, to develop a corrective action
plan.
(2) Sanctions
If the entity fails to develop and comply
with a corrective action plan described in
paragraph (1) during a fiscal year, the entity
shall be subject to 1 of the following corrective
actions selected by the Secretary:
(A) Partial or complete termination of
funding under the grant program, until the
entity develops and complies with such a
plan.
(B) Ineligibility to participate in the grant
program in the following fiscal year.
(C) Reduction in the amount of funding
that may be used for indirect costs under
section 3003 of this title for the following fis-
cal year.
(D) Required redesignation of the lead
agency designated under section 3003(c)(1) of
this title or an entity responsible for admin-
istering the grant program.
(3) Appeals procedures
The Secretary shall establish appeals proce-
dures for entities that are determined to be in
noncompliance with the applicable require-
ments of this chapter, or have not made sub-
stantial progress toward achieving the meas-
urable goals described in subsection (b)(1).
(4) Secretarial action
As part of the annual report required under
subsection (d), the Secretary shall describe
each such action taken under paragraph (1) or
(2) and the outcomes of each such action.
(5) Public notification
Not later than 30 days after taking an action
under
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Page 818
TITLE 29—LABOR
§ 3008
to substantially comply with the applicable
requirements of this chapter, or to make sub-
stantial progress toward achieving the meas-
urable goals described in subsection (b)(1) with
respect to the grant program, the Secretary
shall assist the entity, through technical as-
sistance funded under section 3005 of this title
or other means, within 90 days after such de-
termination, to develop a corrective action
plan.
(2) Sanctions
If the entity fails to develop and comply
with a corrective action plan described in
paragraph (1) during a fiscal year, the entity
shall be subject to 1 of the following corrective
actions selected by the Secretary:
(A) Partial or complete termination of
funding under the grant program, until the
entity develops and complies with such a
plan.
(B) Ineligibility to participate in the grant
program in the following fiscal year.
(C) Reduction in the amount of funding
that may be used for indirect costs under
section 3003 of this title for the following fis-
cal year.
(D) Required redesignation of the lead
agency designated under section 3003(c)(1) of
this title or an entity responsible for admin-
istering the grant program.
(3) Appeals procedures
The Secretary shall establish appeals proce-
dures for entities that are determined to be in
noncompliance with the applicable require-
ments of this chapter, or have not made sub-
stantial progress toward achieving the meas-
urable goals described in subsection (b)(1).
(4) Secretarial action
As part of the annual report required under
subsection (d), the Secretary shall describe
each such action taken under paragraph (1) or
(2) and the outcomes of each such action.
(5) Public notification
Not later than 30 days after taking an action
under paragraph (1) or (2), the Secretary shall
notify the public, by posting on an easily ac-
cessible portion of the internet website of the
Department of Health and Human Services,
notification of each action taken by the Sec-
retary under paragraph (1) or (2). As a part of
such notification, the Secretary shall describe
each such action taken under paragraph (1) or
(2) and the outcomes of each such action.
(d) Annual report to Congress
(1) In general
Not later than December 31 of each year, the
Secretary shall prepare and submit to the
President, the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate, and
the Committee on Education and Labor of the
House of Representatives a report on the ac-
tivities funded under this chapter to improve
the access of assistive technology devices and
assistive technology services to individuals
with disabilities.
(2) Contents
Each report described in paragraph (1) shall
include—
(A) a compilation and summary of the in-
formation provided by the States in annual
progress reports submitted under section
3003(f) of this title; and
(B) a summary of the State applications
described in section 3003(d) of this title and
an analysis of the progress of the States in
meeting the measurable goals established in
State applications under section 3003(d)(3)(C)
of this title.
(e) Construction
Nothing in this section shall be construed to
affect the enforcement authority of the Sec-
retary, another Federal officer, or a court under
any other applicable law.
(f) Effect on other assistance
This chapter may not be construed as author-
izing a Federal or State agency to reduce med-
ical or other assistance available, or to alter eli-
gibility for a benefit or service, under any other
Federal law.
(Pub. L. 105–394, § 8, as added Pub. L. 108–364, § 2,
Oct. 25, 2004, 118 Stat. 1736; amended Pub. L.
117–263, div. E, title LIV, § 5402, Dec. 23, 2022, 136
Stat. 3287.)
Editorial Notes
AMENDMENTS
2022—Pub. L. 117–263 amended section generally. Prior
to amendment, section authorized appropriations to
carry out sections 3003 to 3005 of this title for fiscal
years 2005 through 2010.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Education and Labor of House of Rep-
resentatives changed to Committee on Education and
the Workforce of House of Representatives by House
Resolution No. 5, One Hundred Eighteenth Congress,
Jan. 9, 2023.
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.
§ 3008. Authorization of appropriations; reserva-
tions 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 sub-
section (a) to carry out this chapter, the Sec-
retary 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 sec-
tion 3005(b) of this title; and
(2) from the amounts remaining after mak-
ing the reservation under paragraph (1)—
Page 819
TITLE 29—LABOR
§§ 3051 to 3058
(A) use 85.5 percent of such amounts to
carry out section 3003 of this title; and
(B) use 14.5 percent of such amounts to
carry out section 3004 of this title.
(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, 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).
(Pub. L. 105–394, § 9, as added Pub. L. 117–263, div.
E, title LIV, § 5402, Dec. 23, 2022, 136 Stat. 3289.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on the day that is 6 months after
Dec. 23, 2022, see section 5403 of Pub. L. 117–263, set out
as an Effective Date of 2022 Amendment note under sec-
tion 3001 of this title.
§§ 3011 to 3015. Omitted
Editorial Notes
CODIFICATION
Sections, comprising subchapter I of this chapter
‘‘State Grant Programs’’, were omitted in the general
amendment of this chapter by Pub. L. 108–364, § 2, Oct.
25, 2004, 118 Stat. 1707.
Section 3011, Pub. L. 105–394, title I, § 101, Nov. 13,
1998, 112 Stat. 3635, provided for continuity grants for
States that received funding for a limited period for
technology-related assistance.
Section 3012, 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, provided for
State grants for protection and advocacy related to as-
sistive technology.
Section 3013, Pub. L. 105–394, title I, § 103, Nov. 13,
1998, 112 Stat. 3646, related to administrative provi-
sions.
Section 3014, Pub. L. 105–394, title I, § 104, Nov. 13,
1998, 112 Stat. 3648, related to a technical assistance
program.
Section 3015, Pub. L. 105–394, title I, § 105, Nov. 13,
1998, 112 Stat. 3651, authorized appropriations.
§§ 3031 to 3037. Omitted
Editorial Notes
CODIFICATION
Sections, comprising subchapter II of this chapter,
‘‘National Activities’’, were omitted in the general
amendment of this chapter by Pub. L. 108–364, § 2, Oct.
25, 2004, 118 Stat. 1707.
Section 3031, Pub. L. 105–394, title II, § 211, Nov. 13,
1998, 112 Stat. 3654, related to small business incentives.
Section 3032, Pub. L. 105–394, title II, § 212, Nov. 13,
1998, 112 Stat. 3654, related to technology transfer and
universal design.
Section 3033, Pub. L. 105–394, title II, § 213, Nov. 13,
1998, 112 Stat. 3655, related to universal design in prod-
ucts and the built environment.
Section 3034, Pub. L. 105–394, title II, § 214, Nov. 13,
1998, 112 Stat. 3655, related to assistive technology out-
reach programs.
Section 3035, Pub. L. 105–394, title II, § 215, Nov. 13,
1998, 112 Stat. 3656, related to training pertaining to re-
habilitation engineers and technicians.
Section 3036, Pub. L. 105–394, title II, § 216, Nov. 13,
1998, 112 Stat. 3656, related to the President’s Com-
mittee on Employment of People With Disabilities.
Section 3037, Pub. L. 105–394, title II, § 217, Nov. 13,
1998, 112 Stat. 3657, authorized appropriations.
§§ 3051 to 3058. Omitted
Editorial Notes
CODIFICATION
Sections, comprising subchapter III of this chapter,
‘‘Alternative Financing Mechanisms’’, were omitted in
the general amendment of this chapter by Pub. L.
108–364, § 2, Oct. 25, 2004, 118 Stat. 1707.
Section 3051, Pub. L. 105–394, title III, § 301, Nov. 13,
1998, 112 Stat. 3657, related to the general authority of
the Secretary.
Section 3052, Pub. L. 105–394, title III, § 302, Nov. 13,
1998, 112 Stat. 3657, related to the amount of grants.
Section 3053, Pub. L. 105–394, title III, § 303, Nov. 13,
1998, 112 Stat. 3658, related to grant applications and
procedures.
Section 3054, Pub. L. 105–394, title III, § 304, Nov. 13,
1998, 112 Stat. 3659, related to contracts with commu-
nity-based organizations.
Section 3055, Pub. L. 105–394, title III, § 305, Nov. 13,
1998, 112 Stat. 3660, related to grant administration re-
quirements.
Section 3056, Pub. L. 105–394, title III, § 306, Nov. 13,
1998, 112 Stat. 3660, related to grant information and
technical assistance.
Section 3057, Pub. L. 105–394, title III, § 307, Nov. 13,
1998, 112 Stat. 3660, related to annual reports.
Section 3058, Pub. L. 105–394, title III, § 308, Nov. 13,
1998, 112 Stat. 3661, authorized appropriations.
CHAPTER 32—WORKFORCE INNOVATION
AND OPPORTUNITY
Sec.
3101.
Purposes.
3102.
Definitions.
SUBCHAPTER I—WORKFORCE DEVELOPMENT
ACTIVITIES
PART A—SYSTEM ALIGNMENT
SUBPART 1—STATE PROVISIONS
3111.
State workforce development boards.
3112.
Unified State plan.
3113.
Combined State plan.
SUBPART 2—LOCAL PROVISIONS
3121.
Workforce development areas.
3122.
Local workforce development boards.
3123.
Local plan.
SUBPART 3—BOARD PROVISIONS
3131.
Funding of State and local boards.
SUBPART 4—PERFORMANCE ACCOUNTABILITY
3141.
Performance accountability system.
PART B—WORKFORCE INVESTMENT ACTIVITIES AND
PROVIDERS
SUBPART 1—WORKFORCE INVESTMENT ACTIVITIES AND
PROVIDERS
3151.
Establishment of one-stop delivery systems.
3152.
Identification of eligible providers of training
services.
3153.
Eligible providers of youth workforce invest-
ment activities.
SUBPART 2—YOUTH WORKFORCE INVESTMENT ACTIVITIES
3161.
General authorization.
3162.
State allotments.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.