29 U.S.C. § 3005 (LABOR)
§ 3005. National activities
(a) In general
In order to support activities designed to improve the administration of this chapter, the Secretary, under subsection (b)—
(1) may award, on a competitive basis, grants, contracts, and cooperative agreements to entities to support activities described in paragraphs (1) and (2) of subsection (b); and
(2) shall award, on a competitive basis, grants, contracts, and cooperative agreements to entities to support activities described in paragraphs (3), (4), and (5) of subsection (b).
(b) Authorized activities
(1) National public-awareness toolkit
(A) National public-awareness toolkit
The Secretary may award a 1-time grant, contract, or cooperative agreement to an eligible entity to support a training and technical assistance program that—
(i) expands public-awareness efforts to reach targeted individuals and entities;
(ii) contains appropriate accessible multimedia materials to reach targeted individuals and entities, for dissemination to State assistive technology programs; and
(iii) in coordination with State assistive technology programs, provides meaningful and up-to-date information to targeted individuals and entities about the availability of assistive technology devices and assistive technology services.
(B) Eligible entity
To be eligible to receive the grant, contract, or cooperative agreement, an entity shall develop a partnership that—
(i) shall consist of—
(I) a lead agency or implementing entity for a State assistive technology program or an organization or association that represents implementing entities for State assistive technology programs;
(II) a private or public entity from the media industry;
(III) a private entity from the assistive technology industry; and
(IV) a private employer or an organization or association that represents private employers;
(ii) may include other entities determined by the Secretary to be necessary; and
(iii) may include other entities determined by the applicant to be appropriate.
(2) Research and development
(A) In general
The Secretary may award grants, contracts, or cooperative agreements to eligible entities to carry out research and development of assistive technology that consists of—
(i) developing standards for reliability and accessibility of assistive technology, and standards for interoperability (including open standards) of assistive technology with information technology, telecommunications products, and other assistive technology; or
(ii) developing assistive technology that benefits individuals with disabilities or developing technologies or practices that result in the adaptation, maintenance, servicing, or improvement of assistive technology devices.
(B) Eligible entities
Entities eligible to receive a grant, contract, or cooperative agreement under this paragraph shall include—
(i) providers of assistive technology services and assistive technology devices;
(ii) institutions of higher education, including University Centers for Excellence in Developmental Disabilities Education, Research, and Service authorized under subtitle D of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15061 et seq.), or such institutions offering rehabilitation engineering programs, computer science programs, or information technology programs;
(iii) manufacturers of assistive technology devices; and
(iv) professionals, individuals, organizations, and agencies providing services or employment to individuals with disabilities.
(C) Collaboration
An entity that receives a grant, contract, or cooperative agreement under this paragraph shall, in developing and implementing the project carried out through the grant, contract, or cooperative agreement coordinate activities with the lead agency for the State assistive technology program (or a national organization that represents such programs) and the State advisory council described in section 3003(c)(2) of this title (or a national organization that represents such councils).
(3) State training and technical assistance
(A) Training and technical assistance efforts
The Secretary shall award a grant, contract, or cooperative agreement to an entity to support a training and technical assistance program 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) requests for information on effective approaches to Federal-State coordination of programs for individuals with disabilities, related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages;
(II) requests for state-of-the-art, or model, Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services;
(III) requests for information on effective approaches to developing, implementing, evaluating, and sustaining activities described in sections 3003 and 3004 of this title and related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages, and requests for assistance in developing corrective action plans;
(IV) requests for examples of policies, practices, procedures, regulations, or judicial decisions that have enhanced or may enhance access to funding for assistive technology devices and assistive technology services for individuals with disabilities;
(V) requests for information on effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices and assistive technology services; and
(VI) other requests for training and technical assistance from entities funded under this chapter and public and private entities not funded under this chapter;
(ii) assists targeted individuals and entities by disseminating information about—
(I) Federal, State, and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services, to promote fuller independence, productivity, and inclusion in society for individuals with disabilities of all ages; and
(II) technical assistance activities undertaken under clause (i);
(iii) provides State-specific, regional, and national training and technical assistance concerning assistive technology to entities funded under this chapter, other entities funded under this chapter, and public and private entities not funded under this chapter, including—
(I) annually providing a forum for exchanging information concerning, and promoting program and policy improvements in, required activities of the State assistive technology programs;
(II) 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/video broadcasts, on emerging topics that affect State assistive technology programs;
(III) convening experts from State assistive technology programs to discuss and make recommendations with regard to national emerging issues of importance to individuals with assistive technology needs;
(IV) sharing best practice and evidence-based practices among State assistive technology programs;
(V) maintaining an accessible website that includes a link to State assistive technology programs, appropriate Federal departments and agencies, and private associations and developing a national toll-free number that links callers from a State with the State assistive technology program in their State;
(VI) developing or utilizing existing (as of the date of the award involved) model cooperative volume-purchasing mechanisms designed to reduce the financial costs of purchasing assistive technology for required and discretionary activities identified in section 3003 of this title, and reducing duplication of activities among State assistive technology programs; and
(VII) providing access to experts in the areas of banking, microlending, and finance, for entities funded under this chapter, 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 objectives of the programs; and
(iv) includes such other activities as the Secretary may require.
(B) Eligible entities
To be eligible to receive a grant, contract, or cooperative agreement under this paragraph, an entity shall have (directly or through grant or contract)—
(i) experience and expertise in administering programs, including developing, implementing, and administering the required and discretionary activities described in sections 3003 and 3004 of this title, and providing technical assistance; and
(ii) documented experience in and knowledge about banking, finance, and microlending.
(C) Collaboration
In developing and providing training and technical assistance under this paragraph, including activities identified as priorities, a recipient of a grant, contract, or cooperative agreement under this paragraph shall collaborate with other organizations, in particular—
(i) organizations representing individuals with disabilities;
(ii) national organizations representing State assistive technology programs;
(iii) organizations representing State officials and agencies engaged in the delivery of assistive technology;
(iv) the data-collection and reporting providers described in paragraph (5); and
(v) other providers of national programs or programs of national significance funded under this chapter.
(4) National information Internet system
(A) In general
The Secretary shall award a grant, contract, or cooperative agreement to an entity to renovate, update, and maintain the National Public Internet Site established under this chapter (as in effect on the day before October 25, 2004).
(B) Features of Internet site
The National Public Internet Site shall contain the following features:
(i) Availability of information at any time
The site shall be designed so that any member of the public may obtain information posted on the site at any time.
(ii) Innovative automated intelligent agent
The site shall be constructed with an innovative automated intelligent agent that is a diagnostic tool for assisting users in problem definition and the selection of appropriate assistive technology devices and assistive technology services resources.
(iii) Resources
(I) Library on assistive technology
The site shall include access to a comprehensive working library on assistive technology for all environments, including home, workplace, transportation, and other environments.
(II) Information on accommodating individuals with disabilities
The site shall include access to evidence-based research and best practices concerning how assistive technology can be used to accommodate individuals with disabilities in the areas of education, employment, health care, community living, and telecommunications and information technology.
(III) Resources for a number of disabilities
The site shall include resources relating to the largest possible number of disabilities, including resources relating to low-level reading skills.
(iv) Links to private-sector resources and information
To the extent feasible, the site shall be linked to relevant private-sector resources and information, under agreements developed between the recipient of the grant, contract, or cooperative agreement and cooperating private-sector entities.
(v) Links to public-sector resources and information
To the extent feasible, the site shall be linked to relevant public-sector resources and information, such as the Internet sites of the Office of Special Education and Rehabilitation Services of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, the Small Business Administration, the Architectural and Transportation Barriers Compliance Board, the National Institute of Standards and Technology, the Jobs Accommodation Network funded by the Office of Disability Employment Policy of the Department of Labor, and other relevant sites.
(vi) Minimum library components
At a minimum, the site shall maintain updated information on—
(I) State assistive technology program demonstration sites where individuals may try out assistive technology devices;
(II) State assistive technology program device loan program sites where individuals may borrow assistive technology devices;
(III) State assistive technology program device reutilization program sites;
(IV) alternative financing programs or State financing systems operated through, or independently of, State assistive technology programs, and other sources of funding for assistive technology devices; and
(V) various programs, including programs with tax credits, available to employers for hiring or accommodating employees who are individuals with disabilities.
(C) Eligible entity
To be eligible to receive a grant, contract, or cooperative agreement under this paragraph, an entity shall be a nonprofit organization, for-profit organization, or institution of higher education, that—
(i) emphasizes research and engineering;
(ii) has a multidisciplinary research center; and
(iii) has demonstrated expertise in—
(I) working with assistive technology and intelligent agent interactive information dissemination systems;
(II) managing libraries of assistive technology and disability-related resources;
(III) delivering to individuals with disabilities education, information, and referral services, including technology-based curriculum-development services for adults with low-level reading skills;
(IV) developing cooperative partnerships with the private sector, particularly with private-sector computer software, hardware, and Internet services entities; and
(V) developing and designing advanced Internet sites.
(5) Data-collection and reporting assistance
(A) In general
The Secretary shall award grants, contracts, and cooperative agreements to entities to assist the entities in carrying out State assistive technology programs in developing and implementing effective data-collection and reporting systems that—
(i) focus on quantitative and qualitative data elements;
(ii) measure the outcomes of the required activities described in section 3003 of this title that are implemented by the States and the progress of the States toward achieving the measurable goals described in section 3003(d)(3) of this title;
(iii) provide States with the necessary information required under this chapter or by the Secretary for reports described in section 3003(f)(2) of this title; and
(iv) help measure the accrued benefits of the activities to individuals who need assistive technology.
(B) Eligible entities
To be eligible to receive a grant, contract, or cooperative agreement under this paragraph, an entity shall have personnel with—
(i) documented experience and expertise in administering State assistive technology programs;
(ii) experience in collecting and analyzing data associated with implementing required and discretionary activities;
(iii) expertise necessary to identify additional data elements needed to provide comprehensive reporting of State activities and outcomes; and
(iv) experience in utilizing data to provide annual reports to State policymakers.
(c) Application
To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(d) Input
With respect to the activities described in subsection (b) to be funded under this section, including the national and regionally based training and technical assistance efforts carried out through the activities, in designing the activities the Secretary shall consider, and in providing the activities providers shall include, input of the directors of comprehensive statewide programs of technology-related assistance, directors of alternative financing programs, and other individuals the Secretary determines to be appropriate, especially—
(1) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services;
(2) family members, guardians, advocates, and authorized representatives of such individuals;
(3) individuals employed by protection and advocacy systems funded under section 3004 of this title;
(4) relevant employees from Federal departments and agencies, other than the Department of Health and Human Services;
(5) representatives of businesses; and
(6) venders and public and private researchers and developers.
(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.)
heading: Amendment of Section
text: Pub. L. 117–263, div. E, title LIV, §§ 5402, 5403, Dec. 23, 2022, 136 Stat. 3281, 3289, provided that, effective on the day that is 6 months after Dec. 23, 2022, this section is amended to read as follows:
§ 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, 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; 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; 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, including the activities of alternative financing programs for assistive technology; and
(iv) State leadership activities.
(b) Technical assistance and data collection support authorized
(1) Support for assistive technology educational 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, contracts, or cooperative agreements—
(A) to qualified technical assistance providers to support activities described in subsection (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, contracts, or cooperative agreements—
(A) to qualified data collection and reporting entities, to enable the qualified data collection 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 enable 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 Secretary at such time, in such manner, and containing the following information:
(A) A description of the activities such entity will carry out with the grant, contract, or cooperative agreement under subsection (d).
(B) A description of the expertise such entity has to carry out such activities.
(C) In the case of an entity applying to receive a grant, contract, or cooperative agreement under subsection (b)(1), a description 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 Secretary may require.
(2) Input
In developing grants, contracts, or cooperative agreements under this section, the Secretary shall consider the input of the recipients 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 barriers to the acquisition of such technology and assistive technology services;
(B) family members, guardians, advocates, and authorized representatives of such individuals;
(C) relevant employees from Federal departments and agencies, other than the Department of Health and Human Services;
(D) representatives of businesses; and
(E) venders and public and private researchers and developers.
(d) Authorized activities
(1) Use of funds for assistive technology technical 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 technical assistance program for States or protection 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 individuals with disabilities related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities;
(II) model State and local laws, regulations, policies, practices, procedures, and organizational structures, that facilitate, and overcome barriers to, funding for, and access to, assistive technology devices and assistive technology services;
(III) effective approaches to developing, 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 devices and assistive technology services for individuals with disabilities, and requests for assistance in developing corrective action plans;
(IV) policies, practices, procedures, regulations, or judicial decisions related to access to and acquisition of assistive technology devices and assistive technology services for individuals with disabilities;
(V) effective approaches to the development of consumer-controlled systems that increase access to, funding for, and awareness of, assistive technology devices 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 section 3003 of this title—
(I) assists targeted individuals and entities by disseminating information and responding to requests relating to assistive technology by providing referrals to recipients of grants under section 3003 of this title or other public or private resources; and
(II) provides State-specific, regional, and national technical assistance concerning 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 improvements in, required activities of the State assistive technology programs;
(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 technology programs;
(cc) convening experts from State assistive technology programs to discuss and make recommendations with regard to national emerging issues of importance to individuals with assistive technology needs;
(dd) sharing best practice and evidence-based practices among State assistive technology programs;
(ee) developing or maintaining an accessible, national, and public website that includes information, tools, and resources on assistive technology devices and assistive technology services and links to State assistive technology programs, appropriate Federal departments and agencies, and private resources;
(ff) developing a resource that connects 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 objectives of the programs; and
(hh) supporting and coordinating activities designed to reduce the financial costs of purchasing assistive technology for the activities described in section 3003(e) of this title, and reducing duplication of activities among State assistive technology programs.
(B) Collaboration
In developing and providing technical assistance under this paragraph, 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—
(i) collaborate with—
(I) organizations representing individuals with disabilities;
(II) national organizations representing State assistive technology programs;
(III) organizations representing State officials and agencies engaged in the delivery of assistive technology;
(IV) other qualified protection and advocacy system technical assistance providers and qualified technical assistance providers;
(V) providers of State financing activities, including alternative financing programs for assistive technology;
(VI) providers of device loans, device demonstrations, and device reutilization; and
(VII) any other organizations determined 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 implementing 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 entity 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 effective and accessible data collection and reporting systems that—
(A) focus on quantitative and qualitative data elements;
(B) help measure the impact of the activities to individuals who need assistive technology;
(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 achieving the measurable goals described in section 3003(d)(3)(C) of this title; and
(ii) provide States with the necessary information 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 security.
See 2022 Amendment note below.
heading: Editorial Notes
heading: References in Text
text: The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (b)(2)(B)(ii), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitle D of title I of the Act is classified generally to part D (§ 15061 et seq.) of subchapter I of chapter 144 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 15001 of Title 42 and Tables.
heading: Amendments
text: 2022—Pub. L. 117–263 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (d) relating to national activities designed to improve the administration 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,”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2022 Amendment
text: 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.