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

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. Page 815 TITLE 29—LABOR § 3005 (d) Authorized activities (1) Use of funds for assistive technology tech- nical assistance (A) Technical assistance efforts A qualified technical assistance provider or qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(1) shall support a tech- nical assistance program for States or pro- tection and advocacy systems receiving a grant under section 3003 or 3004 of this title, respectively, that— (i) addresses State-specific information requests concerning assistive technology from entities funded under this chapter and public entities not funded under this chapter, including— (I) effective approaches to Federal- State coordination of programs for indi- viduals with disabilities related to im- proving funding for or access to assistive technology devices and assistive tech- nology services for individuals with dis- abilities; (II) model State and local laws, regula- tions, policies, practices, procedures, and organizational structures, that facili- tate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology serv- ices; (III) effective approaches to devel- oping, implementing, evaluating, and sustaining activities described in section 3003 or 3004 of this title, as the case may be, and related to improving acquisition and access to assistive technology de- vices and assistive technology services for individuals with disabilities, and re- quests for assistance in developing cor- rective action plans; (IV) policies, practices, procedures, regulations, or judicial decisions related to access to and acquisition of assistive technology devices and assistive tech- nology services for individuals with dis- abilities; (V) effective approaches to the devel- opment of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology de- vices and assistive technology services; and (VI) other requests for information and technical assistance from entities funded under this chapter; and (ii) in the case of a program that will serve States receiving grants under sec- tion 3003 of this title— (I) assists targeted individuals and en- tities by disseminating information and responding to requests relating to assist- ive technology by providing referrals to recipients of grants under section 3003 of this title or other public or private re- sources; and (II) provides State-specific, regional, and national technical assistance con- cerning assistive technology to entities funded under this chapter, and public and private entities not funded under this chapter, including— (aa) annually providing a forum for exchanging information concerning, and promoting program and policy im- provements in, required activities of the State assistive technology pro- grams; (bb) facilitating onsite and electronic information sharing using state-of-the- art internet technologies such as real- time online discussions, multipoint video conferencing, and web-based audio or video broadcasts, on emerging topics that affect State assistive tech- nology programs; (cc) convening experts from State as- sistive technology programs to discuss and make recommendations with re- gard to national emerging issues of im- portance to individuals with assistive technology needs; (dd) sharing best practice and evi- dence-based practices among State as- sistive technology programs; (ee) developing or maintaining an ac- cessible, national, and public website that includes information, tools, and resources on assistive technology de- vices and assistive technology services and links to State assistive technology programs, appropriate Federal depart- ments and agencies, and private re- sources; (ff) developing a resource that con- nects individuals from a State with the State assistive technology program in their State; (gg) providing access to experts in the State-level activities described in section 3003(e)(2) of this title through site visits, teleconferences, and other means, to ensure access to information for entities that are carrying out new programs or programs that are not making progress in achieving the ob- jectives of the programs; and (hh) supporting and coordinating ac- tivities designed to reduce the finan- cial costs of purchasing assistive tech- nology for the activities described in section 3003(e) of this title, and reduc- ing duplication of activities among State assistive technology programs. (B) Collaboration In developing and providing technical as- sistance under this paragraph, a qualified technical assistance provider or qualified protection and advocacy system technical assistance provider receiving a grant, con- tract, or cooperative agreement under sub- section (b)(1) shall— (i) collaborate with— (I) organizations representing individ- uals with disabilities; (II) national organizations rep- resenting State assistive technology pro- grams; Page 816 TITLE 29—LABOR § 3006 (III) organizations representing State officials and agencies engaged in the de- livery of assistive technology; (IV) other qualified protection and ad- vocacy system technical assistance pro- viders and qualified technical assistance providers; (V) providers of State financing activi- ties, including alternative financing pro- grams for assistive technology; (VI) providers of device loans, device demonstrations, and device reutilization; and (VII) any other organizations deter- mined appropriate by the provider or the Secretary; and (ii) in the case of a qualified technical assistance provider, include activities identified as priorities by State advisory councils and lead agencies and imple- menting entities for grants under section 3003 of this title. (2) Use of funds for assistive technology data collection and reporting assistance A qualified data collection and reporting en- tity or a qualified protection and advocacy system technical assistance provider receiving a grant, contract, or cooperative agreement under subsection (b)(2) shall assist States or protection and advocacy systems receiving a grant under section 3003 or 3004 of this title, respectively, to develop and implement effec- tive and accessible data collection and report- ing systems that— (A) focus on quantitative and qualitative data elements; (B) help measure the impact of the activi- ties to individuals who need assistive tech- nology; (C) in the case of systems that will serve States receiving grants under section 3003 of this title— (i) measure the outcomes of all activities described in section 3003(e) of this title and the progress of the States toward achiev- ing the measurable goals described in sec- tion 3003(d)(3)(C) of this title; and (ii) provide States with the necessary in- formation required under this chapter or by the Secretary for reports described in section 3003(f)(2) of this title; and (D) are in full compliance with all relevant State and Federal laws, regulations, and policies with respect to data privacy and se- curity. (Pub. L. 105–394, § 6, as added Pub. L. 108–364, § 2, Oct. 25, 2004, 118 Stat. 1727; amended Pub. L. 110–69, title III, § 3002(c)(7), Aug. 9, 2007, 121 Stat. 587; Pub. L. 113–128, title IV, § 491(o)(2), July 22, 2014, 128 Stat. 1698; Pub. L. 117–263, div. E, title LIV, § 5402, Dec. 23, 2022, 136 Stat. 3281.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 amended section generally. Prior to amendment, section related to awarding of grants, contracts, and cooperative agreements for various na- tional activities designed to improve the administra- tion of this chapter. 2014—Subsec. (d)(4). Pub. L. 113–128 substituted ‘‘Health and Human Services’’ for ‘‘Education’’. 2007—Subsec. (b)(4)(B)(v). Pub. L. 110–69 substituted ‘‘the National Institute of Standards and Technology,’’ for ‘‘the Technology Administration of the Department of Commerce,’’. 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. § 3006. Projects of national significance (a) Definition of project of national significance In this section, the term ‘‘project of national significance’’— (1) means a project that— (A) increases access to, and acquisition of, assistive technology; and (B) creates opportunities for individuals with disabilities to directly and fully con- tribute to, and participate in, all facets of education, employment, community living, and recreational activities; and (2) may— (A) develop and expand partnerships be- tween State Medicaid agencies and recipi- ents of grants under section 3003 of this title to reutilize durable medical equipment; (B) increase collaboration between the re- cipients of grants under section 3003 of this title and States receiving grants under the Money Follows the Person Rebalancing Demonstration under section 6071 of the Def- icit Reduction Act of 2005 (42 U.S.C. 1396a note); (C) increase collaboration between recipi- ents of grants under section 3003 of this title and area agencies on aging, as such term is defined in section 3002 of title 42, which may include collaboration on emergency pre- paredness, safety equipment, or assistive technology toolkits; (D) provide aid to assist youth with dis- abilities to transition from school to adult life, especially in— (i) finding employment and postsec- ondary education opportunities; and (ii) upgrading and changing any assistive technology devices that may be needed as a youth matures; (E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community; (F) increase effective and efficient use of assistive technology as part of early inter- vention for infants and toddlers with disabil- ities from birth to age 3; (G) increase awareness of and access to the Disability Funds-Financial Assistance fund- ing provided by the Community Develop- ment Financial Institutions Fund that sup- ports acquisition of assistive technology; and (H) increase awareness of and access to as- sistive technology, such as through models described in subclauses (I) through (IV) of