21st Century Assistive Technology Act
This bill reauthorizes through FY2027, modifies the funding allocations for, and makes administrative and other changes to programs that increase access to assistive technology devices and assistive technology services for individuals with disabilities. An assistive technology device includes any item, piece of equipment, or system that is used to maintain or improve the functional capabilities of individuals with disabilities (e.g., wheelchairs, hearing aids, or screen readers and computer software), and an assistive technology service is a service that directly assists an individual with a disability with selecting or using such devices, including by evaluating the individual's needs or expanding access to such devices and technology.
Specific changes include expanding the scope of certain technical assistance to support grant recipients with data collection and increasing collaboration between agencies that are implementing certain assistive technology grants and state agencies that receive other sources of federal funding for this technology.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9028 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9028
To reauthorize the Assistive Technology Act of 1998, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2022
Mr. DeSaulnier (for himself and Mr. Sempolinski) introduced the
following bill; which was referred to the Committee on Education and
Labor
_______________________________________________________________________
A BILL
To reauthorize the Assistive Technology Act of 1998, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Assistive Technology
Act''.
SEC. 2. REAUTHORIZATION.
The Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) is
amended to read as follows:
``SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Assistive
Technology Act of 1998'.
``(b) Table of Contents.--The table of contents of this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Purposes.
``Sec. 3. Definitions.
``Sec. 4. Grants for State assistive technology programs.
``Sec. 5. Grants for protection and advocacy services related to
assistive technology.
``Sec. 6. Technical assistance and data collection support.
``Sec. 7. Projects of national significance.
``Sec. 8. Administrative provisions.
``Sec. 9. Authorization of appropriations; reservations and
distribution of funds.
``SEC. 2. PURPOSES.
``The purposes of this Act are--
``(1) to support State efforts to improve the provision of
assistive technology to individuals with disabilities of all
ages, including older individuals, 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 or
are eligible to be involved in carrying out activities
under this Act;
``(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 knowledge of the
benefits of assistive technology devices and assistive
technology services among targeted individuals and
entities and the general population; and
``(2) to provide States and protection and advocacy systems
with financial assistance that supports programs designed to
maximize the ability of individuals with disabilities and their
family members, guardians, advocates, and authorized
representatives to obtain assistive technology devices and
assistive technology services.
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Adult service program.--The term `adult service
program' means a program that provides services to, or is
otherwise substantially involved with the major life functions
of, individuals with disabilities. Such term includes--
``(A) a program providing residential, supportive,
or employment-related services, to individuals with
disabilities;
``(B) a program carried out by a center for
independent living, such as a center described in part
C of title VII of the Rehabilitation Act of 1973 (29
U.S.C. 796f et seq.);
``(C) a program carried out by an employment
support agency connected to adult vocational
rehabilitation, such as a one-stop partner, as defined
in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102); and
``(D) a program carried out by another organization
or vender licensed or registered by the designated
State agency, as defined in section 7 of the
Rehabilitation Act of 1973 (29 U.S.C. 705).
``(2) American indian consortium.--The term `American
Indian consortium' means an entity that is an American Indian
Consortium (as defined in section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15002)), and that is established to provide protection
and advocacy services for purposes of receiving funding under
subtitle C of title I of such Act (42 U.S.C. 15041 et seq.).
``(3) Assistive technology.--The term `assistive
technology' means technology designed to be utilized in an
assistive technology device or assistive technology service.
``(4) Assistive technology device.--The term `assistive
technology device' means any item, piece of equipment, or
product system, whether acquired commercially, modified, or
customized, that is used to increase, maintain, or improve
functional capabilities of individuals with disabilities.
``(5) Assistive technology service.--The term `assistive
technology service' means any service that directly assists an
individual with a disability in the selection, acquisition, or
use of an assistive technology device. Such term includes--
``(A) the evaluation of the assistive technology
needs of an individual with a disability, including a
functional evaluation of the impact of the provision of
appropriate assistive technology devices and services
to the individual in the customary environment of the
individual;
``(B) a service consisting of purchasing, leasing,
or otherwise providing for the acquisition of assistive
technology devices by individuals with disabilities;
``(C) a service consisting of selecting, designing,
fitting, customizing, adapting, applying, maintaining,
repairing, replacing, or donating assistive technology
devices;
``(D) coordination and use of necessary therapies,
interventions, or services with assistive technology
devices, such as therapies, interventions, or services
associated with education and rehabilitation plans and
programs;
``(E) education or technical assistance for an
individual with a disability or, where appropriate, the
family members, guardians, advocates, or authorized
representatives of such an individual;
``(F) education or technical assistance for
professionals (including individuals providing
education and rehabilitation services and entities that
manufacture or sell assistive technology devices),
employers, providers of employment and training
services, or other individuals who provide services to,
employ, or are otherwise substantially involved in the
major life functions of individuals with disabilities;
and
``(G) a service consisting of expanding the
availability of access to technology, including
electronic and information technology, to individuals
with disabilities.
``(6) Capacity building and advocacy activities.--The term
`capacity building and advocacy activities' means efforts
that--
``(A) result in laws, regulations, policies,
practices, procedures, or organizational structures
that promote consumer-responsive programs or entities;
and
``(B) facilitate and increase access to, provision
of, and funding for assistive technology devices and
assistive technology services, in order to empower
individuals with disabilities to achieve greater
independence, productivity, and integration and
inclusion within the community and the workforce.
``(7) Comprehensive statewide program of technology-related
assistance.--The term `comprehensive statewide program of
technology-related assistance' means a consumer-responsive
program of technology-related assistance for individuals with
disabilities that--
``(A) is implemented by a State;
``(B) is equally available to all individuals with
disabilities residing in the State, regardless of their
type of disability, age, income level, or location of
residence in the State, or the type of assistive
technology device or assistive technology service
required; and
``(C) incorporates all the activities described in
section 4(e) (unless excluded pursuant to section
4(e)(6)).
``(8) Consumer-responsive.--The term `consumer-
responsive'--
``(A) with regard to policies, means that the
policies are consistent with the principles of--
``(i) respect for individual dignity,
personal responsibility, self-determination,
and pursuit of meaningful careers, based on
informed choice, of individuals with
disabilities;
``(ii) respect for the privacy, rights, and
equal access (including the use of accessible
formats) of such individuals;
``(iii) inclusion, integration, and full
participation of such individuals in society;
``(iv) support for the involvement in
decisions of a family member, a guardian, an
advocate, or an authorized representative, if
an individual with a disability requests,
desires, or needs such involvement; and
``(v) support for individual and systems
advocacy and community involvement; and
``(B) with respect to an entity, program, or
activity, means that the entity, program, or activity--
``(i) is easily accessible to, and usable
by, individuals with disabilities and, when
appropriate, their family members, guardians,
advocates, or authorized representatives;
``(ii) responds to the needs of individuals
with disabilities in a timely and appropriate
manner; and
``(iii) facilitates the full and meaningful
participation of individuals with disabilities
and their family members, guardians, advocates,
and authorized representatives, in--
``(I) decisions relating to the
provision of assistive technology
devices and assistive technology
services to such individuals; and
``(II) decisions related to the
maintenance, improvement, and
evaluation of the comprehensive
statewide program of technology-related
assistance, including decisions that
affect capacity building and advocacy
activities.
``(9) Disability.--The term `disability' has the meaning
given the term under section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102).
``(10) Individual with a disability.--The term `individual
with a disability' means any individual--
``(A) who has a disability; and
``(B) who is or would be enabled by an assistive
technology device or an assistive technology service to
minimize deterioration in functioning, to maintain a
level of functioning, or to achieve a greater level of
functioning in any major life activity.
``(11) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)), and includes a community college receiving
funding under the Tribally Controlled Colleges and Universities
Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
``(12) Protection and advocacy services.--The term
`protection and advocacy services' means services that--
``(A) are described in subtitle C of title I of the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15041 et seq.), the
Protection and Advocacy for Individuals with Mental
Illness Act (42 U.S.C. 10801 et seq.), or section 509
of the Rehabilitation Act of 1973 (29 U.S.C. 794e); and
``(B) assist individuals with disabilities with
respect to assistive technology devices and assistive
technology services.
``(13) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services, acting through the Administrator
on Community Living.
``(14) State.--
``(A) In general.--Except as provided in
subparagraph (B), the term `State' means each of the 50
States of the United States, the District of Columbia,
Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.
``(B) Outlying areas.--In section 4(b):
``(i) Outlying area.--The term `outlying
area' means the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
``(ii) State.--The term `State' does not
include the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands.
``(15) State assistive technology program.--The term `State
assistive technology program' means a program authorized under
section 4.
``(16) Targeted individuals and entities.--The term
`targeted individuals and entities' means--
``(A) individuals with disabilities and their
family members, guardians, advocates, and authorized
representatives;
``(B) underrepresented populations;
``(C) individuals who work for public or private
entities (including centers for independent living
described in part C of title VII of the Rehabilitation
Act of 1973 (29 U.S.C. 796f et seq.), insurers, or
managed care providers) that have contact with, or
provide services to, individuals with disabilities;
``(D) educators and related services personnel,
including individuals who are providing early
intervention services, to elementary, secondary, or
postsecondary students, or individuals engaged in
vocational education;
``(E) technology experts (including web designers
and procurement officials);
``(F) health, allied health, and rehabilitation
professionals, and skilled nursing and intermediate
care facilities and hospital employees (including
discharge planners);
``(G) employers, especially small business
employers, and providers of employment and training
services;
``(H) entities that manufacture or sell assistive
technology devices;
``(I) entities that carry out community programs
designed to develop essential community services in
rural and urban areas; and
``(J) other appropriate individuals and entities,
as determined for a State by the State.
``(17) Underrepresented population.--The term
`underrepresented population' means a population that is
typically underrepresented in service provision, and includes
populations such as individuals who have low-incidence
disabilities, racial and ethnic minorities, low income
individuals, homeless individuals (including children and
youth), children in foster care, individuals with limited
English proficiency, older individuals, or individuals living
in rural areas.
``(18) Universal design.--The term `universal design' means
a concept or philosophy for designing and delivering products
and services that are usable by people with the widest possible
range of functional capabilities, which include products and
services that are directly accessible (without requiring
assistive technologies) and products and services that are
interoperable with assistive technologies.
``SEC. 4. GRANTS FOR STATE ASSISTIVE TECHNOLOGY PROGRAMS.
``(a) Grants to States.--The Secretary shall award grants under
subsection (b) to States to maintain comprehensive statewide programs
of technology-related assistance described in subsection (e) through
State assistive technology programs that are designed to--
``(1) maximize the ability of individuals with disabilities
across the human lifespan and across the wide array of
disabilities, and their family members, guardians, advocates,
and authorized representatives, to obtain assistive technology;
and
``(2) increase access to assistive technology.
``(b) Amount of Financial Assistance.--
``(1) In general.--From funds made available to carry out
this section, the Secretary shall award a grant to each
eligible State and eligible outlying area from an allotment
determined in accordance with paragraph (2).
``(2) Calculation of state grants.--
``(A) Base year.--Except as provided in
subparagraphs (B) and (C), the Secretary shall allot to
each State and outlying area for a fiscal year an
amount that is not less than the amount the State or
outlying area received under the grants provided under
section 4 of this Act (as in effect on the day before
the effective date of the 21st Century Assistive
Technology Act) for fiscal year 2021.
``(B) Ratable reduction.--
``(i) In general.--If funds made available
to carry out this section for any fiscal year
are insufficient to make the allotments
required for each State and outlying area under
subparagraph (A) for such fiscal year, the
Secretary shall ratably reduce the allotments
for such fiscal year.
``(ii) Additional funds.--If, after the
Secretary makes the reductions described in
clause (i), additional funds become available
to carry out this section for the fiscal year,
the Secretary shall ratably increase the
allotments, until the Secretary has allotted
the entire base year amount under subparagraph
(A).
``(C) Appropriation higher than base year amount.--
For a fiscal year for which the amount of funds made
available to carry out this section is greater than the
base year amount under subparagraph (A) and no greater
than $40,000,000, the Secretary shall--
``(i) make the allotments described in
subparagraph (A);
``(ii) from a portion of the remainder of
the funds after the Secretary makes the
allotments described in clause (i), the
Secretary shall--
``(I) from 50 percent of the
portion, allot to each State an equal
amount; and
``(II) from 50 percent of the
portion, allot to each State an amount
that bears the same relationship to
such 50 percent as the population of
the State bears to the population of
all States,
until each State has received an allotment of
not less than $410,000 under clause (i) and
this clause; and
``(iii) from the remainder of the funds
after the Secretary makes the allotments
described in clause (ii), the Secretary shall--
``(I) from 80 percent of the
remainder allot to each State an amount
that bears the same relationship to
such 80 percent as the population of
the State bears to the population of
all States; and
``(II) from 20 percent of the
remainder, allot to each State an equal
amount.
``(D) Appropriation higher than threshold amount.--
For a fiscal year for which the amount of funds made
available to carry out this section is $40,000,000 or
greater, the Secretary shall--
``(i) make the allotments described in
subparagraph (A);
``(ii) from the funds remaining after the
allotment described in clause (i), allot to
each outlying area an amount of such funds
until each outlying area has received an
allotment of exactly $150,000 under clause (i)
and this clause;
``(iii) from a portion of the remainder of
the funds after the Secretary makes the
allotments described in clauses (i) and (ii),
the Secretary shall--
``(I) from 50 percent of the
portion, allot to each State an equal
amount; and
``(II) from 50 percent of the
portion, allot to each State an amount
that bears the same relationship to
such 50 percent as the population of
the State bears to the population of
all States,
until each State has received an allotment of
not less than $450,000 under clause (i) and
this clause; and
``(iv) from the remainder of the funds
after the Secretary makes the allotments
described in clause (iii), the Secretary
shall--
``(I) from 80 percent of the
remainder allot to each State an amount
that bears the same relationship to
such 80 percent as the population of
the State bears to the population of
all States; and
``(II) from 20 percent of the
remainder, allot to each State an equal
amount.
``(3) Availability of funds; carryover.--Amounts made
available for a fiscal year under this section that remains
unobligated at the end of such fiscal year shall remain
available for obligation during the subsequent fiscal year.
``(c) Lead Agency, Implementing Entity, and Advisory Council.--
``(1) Lead agency and implementing entity.--
``(A) Lead agency.--
``(i) In general.--The Governor of a State
shall designate a public agency as a lead
agency--
``(I) to control and administer the
funds made available through the grant
awarded to the State under this
section; and
``(II) to submit the application
described in subsection (d) on behalf
of the State, to ensure conformance
with Federal and State accounting
requirements.
``(ii) Duties.--The duties of the lead
agency shall include--
``(I) preparing the application
described in subsection (d) and
carrying out State activities described
in that application, including making
programmatic and resource allocation
decisions necessary to implement the
comprehensive statewide program of
technology-related assistance;
``(II) coordinating the activities
of the comprehensive statewide program
of technology-related assistance among
public and private entities, including
coordinating efforts related to
entering into interagency agreements,
and maintaining and evaluating the
program; and
``(III) coordinating efforts, in a
way that acknowledges the demographic
characteristics of individuals, related
to the active, timely, and meaningful
participation by individuals with
disabilities and their family members,
guardians, advocates, or authorized
representatives, and other appropriate
individuals, with respect to activities
carried out through the grant.
``(B) Implementing entity.--The Governor may
designate an agency, office, or other entity to carry
out State activities under this section (referred to in
this section as the `implementing entity'), if such
implementing entity is different from the lead agency.
The implementing entity shall carry out
responsibilities under this Act through a subcontract
or another administrative agreement with the lead
agency.
``(C) Change in agency or entity.--
``(i) In general.--On obtaining the
approval of the Secretary--
``(I) the Governor may redesignate
the lead agency of a State if the
Governor shows to the Secretary, in
accordance with subsection (d)(2)(B),
good cause why the agency designated as
the lead agency should not serve as
that agency; and
``(II) the Governor may redesignate
the implementing entity of a State if
the Governor shows to the Secretary, in
accordance with subsection (d)(2)(B),
good cause why the entity designated as
the implementing entity should not
serve as that entity.
``(ii) Construction.--Nothing in this
paragraph shall be construed to require the
Governor of a State to change the lead agency
or implementing entity of the State to an
agency other than the lead agency or
implementing entity of such State as of the
date of enactment of the 21st Century Assistive
Technology Act.
``(2) Advisory council.--
``(A) In general.--There shall be established an
advisory council to provide consumer-responsive,
consumer-driven advice to the State for planning,
implementation, and evaluation of the activities
carried out through the grant, including setting the
measurable goals described in subsection (d)(3)(C).
``(B) Composition and representation.--
``(i) Composition.--The advisory council
shall be composed of the following:
``(I) Individuals with disabilities
who use assistive technology or the
family members or guardians of the
individuals.
``(II) A representative of the
designated State agency, as defined in
section 7 of the Rehabilitation Act of
1973 (29 U.S.C. 705).
``(III) A representative of the
designated State agency for individuals
who are blind (within the meaning of
section 101 of that Act (29 U.S.C.
721)), if such agency is separate from
the agency described in subclause (II).
``(IV) A representative of a State
center for independent living described
in part C of title VII of the
Rehabilitation Act of 1973 (29 U.S.C.
796f et seq.) or the Statewide
Independent Living Council established
under section 705 of such Act (29
U.S.C. 796d).
``(V) A representative of the State
workforce development board established
under section 101 of the Workforce
Innovation and Opportunity Act (29
U.S.C. 3111).
``(VI) A representative of the
State educational agency, as defined in
section 8101 of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 7801).
``(VII) A representative of an
alternative financing program for
assistive technology if--
``(aa) there is an
alternative financing program
for assistive technology in the
State; and
``(bb) such program is
separate from the State
assistive technology program
supported under subsection
(e)(2).
``(VIII) A representative of 1 or
more of the following:
``(aa) The agency
responsible for administering
the State Medicaid program
under title XIX of the Social
Security Act (42 U.S.C. 1396 et
seq.).
``(bb) The designated State
agency for purposes of section
124 of the Developmental
Disabilities Assistance and
Bill of Rights Act of 2000 (42
U.S.C. 15024).
``(cc) The State agency
designated under section
305(a)(1) of the Older
Americans Act of 1965 (42
U.S.C. 3025(a)(1)) or an
organization that receives
assistance under such Act (42
U.S.C. 3001 et seq.).
``(dd) An organization
representing disabled veterans.
``(ee) A University Center
for Excellence in Developmental
Disabilities Education,
Research, and Service
designated under section 151(a)
of the Developmental
Disabilities Assistance and
Bill of Rights Act of 2000 (42
U.S.C. 15061(a)).
``(ff) The State protection
and advocacy system established
in accordance with section 143
of the Developmental
Disabilities Assistance and
Bill of Rights Act of 2000 (42
U.S.C. 15043).
``(gg) The State Council on
Developmental Disabilities
established under section 125
of the Developmental
Disabilities Assistance and
Bill of Rights Act of 2000 (42
U.S.C. 15025).
``(IX) Representatives of other
State agencies, public agencies, or
private organizations, as determined by
the State.
``(ii) Majority.--
``(I) In general.--Not less than 51
percent of the members of the advisory
council shall be members appointed
under clause (i)(I), a majority of whom
shall be individuals with disabilities.
``(II) Representatives of
agencies.--Members appointed under
subclauses (II) through (IX) of clause
(i) shall not count toward the majority
membership requirement established in
subclause (I).
``(iii) Representation.--The advisory
council shall be geographically representative
of the State and reflect the diversity of the
State with respect to race, ethnicity, age, and
types of disabilities, and users of types of
services that an individual with a disability
may receive, including home and community based
services (as defined in section 9817(a)(2) of
the American Rescue Plan Act (42 U.S.C. 1396d
note)), vocational rehabilitation services (as
defined in section 7 of the Rehabilitation Act
of 1973 (29 U.S.C. 705)), and services through
the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.).
``(C) Expenses.--The members of the advisory
council shall receive no compensation for their service
on the advisory council, but shall be reimbursed for
reasonable and necessary expenses actually incurred in
the performance of official duties for the advisory
council.
``(D) Impact on existing statutes, rules, or
policies.--Nothing in this paragraph shall be construed
to affect State statutes, rules, or official policies
relating to advisory bodies for State assistive
technology programs or require changes to governing
bodies of incorporated agencies that carry out State
assistive technology programs.
``(d) Application.--
``(1) In general.--Any State that desires to receive a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Lead agency and implementing entity.--
``(A) In general.--The application shall contain--
``(i) information identifying and
describing the lead agency referred to in
subsection (c)(1)(A);
``(ii) information identifying and
describing the implementing entity referred to
in subsection (c)(1)(B), if the Governor of the
State designates such an entity; and
``(iii) a description of how individuals
with disabilities were involved in the
development of the application and will be
involved in the implementation of the
activities to be carried out through the grant
and through the advisory council established in
accordance with subsection (c)(2).
``(B) Change in lead agency or implementing
entity.--In any case where--
``(i) the Governor requests to redesignate
a lead agency, the Governor shall include in,
or amend, the application to request the
redesignation and provide a written description
of the rationale for the requested change; or
``(ii) the Governor requests to redesignate
an implementing entity, the Governor shall
include in, or amend, the application to
request the redesignation and provide a written
description of the rationale for the requested
change.
``(3) State plan.--The application under this subsection
shall include a State plan for assistive technology consisting
of--
``(A) a description of how the State will carry out
a statewide continuum of integrated assistive
technology activities described in subsection (e)
(unless excluded by the State pursuant to subsection
(e)(6));
``(B) a description of how the State will allocate
and utilize grant funds to implement the activities
described in subparagraph (A), including describing
proposed budget allocations and planned procedures for
tracking expenditures for the activities;
``(C) measurable goals, and a timeline for meeting
the goals, that the State has set for addressing the
assistive technology needs of individuals with
disabilities in the State related to--
``(i) education, including goals involving
the provision of assistive technology to
individuals with disabilities who receive
services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.);
``(ii) employment, including goals
involving the State vocational rehabilitation
program carried out under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.);
``(iii) access to teleassistive technology
to aid in the access of health care services,
including mental health and substance use
disorder services;
``(iv) accessible information and
communication technology education for
individuals with disabilities receiving
assistive technology; and
``(v) community living;
``(D) information describing how the State will
quantifiably measure the goals, in a manner consistent
with the data submitted through the progress reports
under subsection (f), to determine whether the goals
have been achieved; and
``(E) a description of any activities described in
subsection (e) that the State will support with State
or other non-Federal funds.
``(4) Involvement of public and private entities.--The
application shall describe how various public and private
entities were involved in the development of the application
and will be involved in the implementation of the activities to
be carried out through the grant, including--
``(A) in cases determined to be appropriate by the
State, a description of the nature and extent of
resources that will be committed by public and private
partners to assist in accomplishing identified goals;
and
``(B) a description of the mechanisms established
to ensure coordination of activities and collaboration
between the implementing entity, if any, and the State.
``(5) Assurances.--The application shall include assurances
that--
``(A) the State will annually collect data related
to the required activities implemented by the State
under this section in order to prepare the progress
reports required under subsection (f);
``(B) funds received through the grant--
``(i) will be expended in accordance with
this section; and
``(ii) will be used to supplement, and not
supplant, funds available from other sources
for technology-related assistance, including
the provision of assistive technology devices
and assistive technology services;
``(C) the lead agency will control and administer
the funds received through the grant;
``(D) the State will adopt such fiscal control and
accounting procedures as may be necessary to ensure
proper disbursement of and accounting for the funds
received through the grant;
``(E) the physical facility of the lead agency and
implementing entity, if any, meets the requirements of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) regarding accessibility for individuals
with disabilities;
``(F) a public agency or an individual with a
disability holds title to any property purchased with
funds received under the grant and administers that
property;
``(G) activities carried out in the State that are
authorized under this Act, and supported by Federal
funds received under this Act, will comply with the
standards established by the Architectural and
Transportation Barriers Compliance Board under section
508 of the Rehabilitation Act of 1973 (20 U.S.C. 794d);
and
``(H) the State will--
``(i) prepare reports to the Secretary in
such form and containing such information as
the Secretary may require to carry out the
Secretary's functions under this Act; and
``(ii) keep such records and allow access
to such records as the Secretary may require to
ensure the correctness and verification of
information provided to the Secretary under
this subparagraph.
``(e) Use of Funds.--
``(1) Required activities.--
``(A) In general.--Except as provided in
subparagraph (B) and paragraph (6), any State that
receives a grant under this section shall--
``(i) use a portion of not more than 40
percent of the funds made available through the
grant to carry out all activities described in
paragraph (3), of which not less than 5 percent
of such portion shall be available for
activities described in paragraph (3)(A)(iii);
and
``(ii) use a portion of the funds made
available through the grant to carry out all of
the activities described in paragraph (2).
``(B) State or non-federal financial support.--A
State receiving a grant under this section shall not be
required to use grant funds to carry out the category
of activities described in subparagraph (A), (B), (C),
or (D) of paragraph (2) in that State if, for such
category of activities, financial support is provided--
``(i) from State or other non-Federal
resources or entities; and
``(ii) in an amount that is comparable to,
or greater than, the amount of the portion of
the funds made available through the grant that
the State would have expended for such category
of activities, in the absence of this
subparagraph.
``(2) State-level activities.--
``(A) State financing activities.--The State shall
support State financing activities to increase access
to, and funding for, assistive technology devices and
assistive technology services (which shall not include
direct payment for such a device or service for an
individual with a disability but may include support
and administration of a program to provide such
payment), including development of systems to provide
and pay for such devices and services, for targeted
individuals and entities described in section 3(16)(A),
including--
``(i) support for the development of
systems for the purchase, lease, or other
acquisition of, or payment for, assistive
technology devices and assistive technology
services;
``(ii) another mechanism that is approved
by the Secretary; or
``(iii) support for the development of a
State-financed or privately financed
alternative financing program engaged in the
provision of assistive technology devices, such
as--
``(I) a low-interest loan fund;
``(II) an interest buy-down
program;
``(III) a revolving loan fund; or
``(IV) a loan guarantee or
insurance program.
``(B) Device reutilization programs.--The State
shall directly, or in collaboration with public or
private entities, carry out assistive technology device
reutilization programs that provide for the exchange,
repair, recycling, or other reutilization of assistive
technology devices, which may include redistribution
through device sales, loans, rentals, or donations.
``(C) Device loan programs.--The State shall
directly, or in collaboration with public or private
entities, carry out device loan programs that provide
short-term loans of assistive technology devices to
individuals, employers, public agencies, or others
seeking to meet the needs of targeted individuals and
entities, including others seeking to comply with the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.), the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
``(D) Device demonstrations.--
``(i) In general.--The State shall
directly, or in collaboration with public and
private entities, such as one-stop partners, as
defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3102), demonstrate a variety of assistive
technology devices and assistive technology
services (including assisting individuals in
making informed choices regarding, and
providing experiences with, the devices and
services), using personnel who are familiar
with such devices and services and their
applications.
``(ii) Comprehensive information.--The
State shall directly, or through referrals,
provide to individuals, to the extent
practicable, comprehensive information about
State and local assistive technology venders,
providers, and repair services.
``(3) State leadership activities.--
``(A) Education and technical assistance.--
``(i) In general.--The State shall,
directly or through the provision of support to
public or private entities with demonstrated
expertise in collaborating with public or
private agencies that serve individuals with
disabilities, develop and disseminate education
materials, conduct education, and provide
technical assistance, for individuals
statewide, including representatives of State
and local educational agencies, State
vocational rehabilitation programs, other State
and local agencies, early intervention
programs, adult service programs, hospitals and
other health care facilities, institutions of
higher education, and businesses.
``(ii) Authorized activities.--In carrying
out activities under clause (i), the State
shall carry out activities that enhance the
knowledge, skills, and competencies of
individuals from local settings described in
such clause, which may include--
``(I) general awareness education
on the benefits of assistive technology
and the Federal, State, and private
funding sources available to assist
targeted individuals and entities in
acquiring assistive technology;
``(II) skills-development education
in assessing the need for assistive
technology devices and assistive
technology services;
``(III) education to ensure the
appropriate application and use of
assistive technology devices, assistive
technology services, and accessible
information and communication
technology for e-government functions;
``(IV) education in the importance
of multiple approaches to assessment
and implementation necessary to meet
the individualized needs of individuals
with disabilities; and
``(V) technical education on
integrating assistive technology into
the development and implementation of
service plans, including any education,
health, discharge, Olmstead,
employment, or other plan required
under Federal or State law.
``(iii) Transition assistance to
individuals with disabilities.--The State shall
(directly or through the provision of support
to public or private entities), develop and
disseminate education materials, conduct
education, facilitate access to assistive
technology, and provide technical assistance,
to assist--
``(I) students with disabilities,
within the meaning of the Individuals
with Disabilities Education Act (20
U.S.C. 1400 et seq.), that receive
transition services; and
``(II) adults who are individuals
with disabilities maintaining or
transitioning to community living.
``(B) Public-awareness activities.--
``(i) In general.--The State shall conduct
public-awareness activities designed to provide
information to targeted individuals and
entities relating to the availability,
benefits, appropriateness, and costs of
assistive technology devices and assistive
technology services, including--
``(I) the development of procedures
for providing direct communication
between providers of assistive
technology and targeted individuals and
entities, which may include
partnerships with entities in the
statewide and local workforce
development systems established under
the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et
seq.), State vocational rehabilitation
programs, public and private employers,
the centers for independent living
described in part C of title VII of the
Rehabilitation Act of 1973 (29 U.S.C.
796f et seq.), Aging and Disability
Resources Centers (as defined in
section 102 of the Older Americans Act
of 1965 (42 U.S.C. 3002)), or
elementary schools and secondary
schools (as defined in section 8101 of
the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801));
``(II) the development and
dissemination to targeted individuals
and entities, of information about
State efforts related to assistive
technology; and
``(III) the distribution of
materials to appropriate public and
private agencies that provide social,
medical, educational, employment,
housing, and transportation services to
individuals with disabilities.
``(ii) Statewide information and referral
system.--
``(I) In general.--The State shall
directly, or in collaboration with
public or private entities, provide for
the continuation and enhancement of a
statewide information and referral
system designed to meet the needs of
targeted individuals and entities.
``(II) Content.--The system shall
deliver information on assistive
technology devices, assistive
technology services (with specific data
regarding provider availability within
the State), and the availability of
resources, including funding through
public and private sources, to obtain
assistive technology devices and
assistive technology services. The
system shall also deliver information
on the benefits of assistive technology
devices and assistive technology
services with respect to enhancing the
capacity of individuals with
disabilities to perform activities of
daily living.
``(C) Coordination and collaboration.--The State
shall coordinate activities described in paragraph (2)
and this paragraph among public and private entities
that are responsible for policies, procedures, or
funding for the provision of assistive technology
devices and assistive technology services to improve
access to such devices and services in the State.
``(4) Funding rules.--
``(A) Prohibition.--Funds made available through a
grant to a State under this section shall not be used
for direct payment for an assistive technology device
for an individual with a disability.
``(B) Federal partner collaboration.--In order to
coordinate the availability of funding to access and
acquire assistive technology through device
demonstration, loan, reuse, and State financing
activities, a State receiving a grant under this
section shall ensure that the lead agency or
implementing entity is conducting outreach to and, as
appropriate, collaborating with, other State agencies
that receive Federal funding for assistive technology,
including--
``(i) the State educational agency
receiving assistance under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.);
``(ii) the State vocational rehabilitation
agency receiving assistance under title I of
the Rehabilitation Act of 1973 (29 U.S.C. 720
et seq.);
``(iii) the agency responsible for
administering the State Medicaid program under
title XIX of the Social Security Act (42 U.S.C.
1396 et seq.);
``(iv) the State agency receiving
assistance under the Older Americans Act of
1965 (42 U.S.C. 3001 et seq.); and
``(v) any other agency in a State that
funds assistive technology.
``(C) Indirect costs.--Not more than 10 percent of
the funds made available through a grant to a State
under this section may be used for indirect costs.
``(5) State flexibility.--
``(A) In general.--Notwithstanding paragraph (1)(A)
and subject to subparagraph (B), a State may use funds
that the State receives under a grant awarded under
this section to carry out any 2 or more of the
activities described in paragraph (2).
``(B) Special rule.--Notwithstanding paragraph
(1)(A), any State that exercises its authority under
subparagraph (A)--
``(i) shall carry out each of the required
activities described in paragraph (3); and
``(ii) shall use not more than 30 percent
of the funds made available through the grant
to carry out such activities.
``(6) Assistive technology device disposition.--
Notwithstanding other equipment disposition policy under
Federal law, an assistive technology device purchased to be
used in activities authorized under this section may be
reutilized to the maximum extent possible and then donated to a
public agency, private nonprofit agency, or an individual with
a disability in need of such device.
``(f) Annual Progress Reports.--
``(1) Data collection.--Each State receiving a grant under
this section shall participate in data collection as required
by law, including data collection required for preparation of
the reports described in paragraph (2).
``(2) Reports.--
``(A) In general.--Each State shall prepare and
submit to the Secretary an annual progress report on
the activities carried out by the State in accordance
with subsection (e), including activities funded by
State or other non-Federal sources under subsection
(e)(1)(B) at such time, and in such manner, as the
Secretary may require.
``(B) Contents.--The report shall include data
collected pursuant to this section. The report shall
document, with respect to activities carried out under
this section in the State--
``(i) the type of State financing
activities described in subsection (e)(2)(A)
used by the State;
``(ii) the amount and type of assistance
given to consumers of the State financing
activities described in subsection (e)(2)(A)
(which shall be classified by type of assistive
technology device or assistive technology
service financed through the State financing
activities, and geographic distribution within
the State), including--
``(I) the number of applications
for assistance received;
``(II) the number of applications--
``(aa) approved;
``(bb) denied; or
``(cc) withdrawn;
``(III) the number, percentage, and
dollar amount of defaults for the
financing activities;
``(IV) the range and average
interest rate for the financing
activities;
``(V) the range and average income
of approved applicants for the
financing activities; and
``(VI) the types and dollar amounts
of assistive technology financed;
``(iii) the number, type, and length of
time of loans of assistive technology devices
provided to individuals with disabilities,
employers, public agencies, or public
accommodations through the device loan program
described in subsection (e)(2)(C), and an
analysis of the type of devices provided
through the program, including how the device
benefitted the individual who received such
device;
``(iv) the number, type, estimated value,
and scope of assistive technology devices
exchanged, repaired, recycled, or reutilized
(including redistributed through device sales,
loans, rentals, or donations) through the
device reutilization program described in
subsection (e)(2)(B), and an analysis of the
individuals with disabilities who have
benefited from the device reutilization
program;
``(v) the number and type of device
demonstrations and referrals provided under
subsection (e)(2)(D), and an analysis of
individuals with disabilities who have
benefited from the demonstrations and
referrals;
``(vi)(I) the number and general
characteristics of individuals who participated
in education under subsection (e)(3)(A) (such
as individuals with disabilities, parents,
educators, employers, providers of employment
services, health care workers, counselors,
other service providers, or vendors) and the
topics of such education; and
``(II) to the extent practicable, the
geographic distribution of individuals who
participated in the education;
``(vii) the frequency of provision and
nature of technical assistance provided to
State and local agencies and other entities;
``(viii) the number of individuals assisted
through the statewide information and referral
system described in subsection (e)(3)(B)(ii)
and descriptions of the public awareness
activities under subsection (e)(3)(B);
``(ix) the outcomes of any improvement
initiatives carried out by the State as a
result of activities funded under this section,
including a description of any written
policies, practices, and procedures that the
State has developed and implemented regarding
access to, provision of, and funding for,
assistive technology devices, and assistive
technology services, in the contexts of
education, health care, employment, community
living, and accessible information and
communication technology, including e-
government;
``(x) the source of leveraged funding or
other contributed resources, including
resources provided through subcontracts or
other collaborative resource-sharing
agreements, from and with public and private
entities to carry out State activities
described in subsection (e)(3)(C), the number
of individuals served with the contributed
resources for which information is not reported
under clauses (i) through (ix) or clause (xi),
and other outcomes accomplished as a result of
such activities carried out with the
contributed resources; and
``(xi) the level of customer satisfaction
with the services provided.
``SEC. 5. GRANTS FOR PROTECTION AND ADVOCACY SERVICES RELATED TO
ASSISTIVE TECHNOLOGY.
``(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 such assistance,
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 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 9(b)(3)(B), such sums as may be
necessary to carry out paragraph (4).
``(2) Population basis.--From the funds appropriated for
this section for a fiscal year and remaining after the
reservation required by 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 funds 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 such grants
shall be the same as the amount provided under
paragraph (3)(A).
``(5) Adjustments.--For each fiscal year in which the total
amount appropriated under section 9(b)(3)(B) 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
in the preceding fiscal year, the Secretary shall increase each
of the minimum grant amounts described in subparagraphs (A) and
(B) of paragraph (3) by a percentage equal to the percentage
increase in the total amount appropriated under section 9 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 an eligible 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 an eligible system for a fiscal year shall--
``(A) remain available to the eligible system for 5
additional fiscal years after the year in which such
amount was paid to an eligible 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.--An entity 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 entity 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) coordinating activities with protection and advocacy
services funded through sources other than this Act, and
coordinating activities with the capacity building and advocacy
activities carried out by the lead agency; and
``(5) 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.--An entity that
receives a grant under this section shall prepare and submit to the
lead agency of the State designated under section 4(c)(1) 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 an
entity 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 entity that receives the grant under
this section.
``SEC. 6. 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 4(f)(2)(B), in order to--
``(A) provide recipients of grants under this Act
with education 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--
``(A) working with protection and advocacy systems
established in accordance with section 143 of the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15043); 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 grants or contracts)--
``(A) experience and expertise administering
programs, including developing, implementing, and
administering activities described in section 4(e); and
``(B) documented experience 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 education and
technical assistance.--From amounts made available under
section 9(b)(1), the Secretary shall award, on a competitive
basis--
``(A) 1 grant, contract, or cooperative agreement
to a qualified technical assistance provider to support
activities described in subsection (d)(1) for States
receiving grants under section 4; and
``(B) 1 grant, contract, or cooperative agreement
to a qualified protection and advocacy system technical
assistance provider to support activities described in
subsection (d)(1) for protection and advocacy systems
receiving grants under section 5.
``(2) Support for data collection and reporting
assistance.--From amounts made available under section 9(b)(1),
the Secretary shall award, on a competitive basis--
``(A) 1 grant, contract, or cooperative agreement
to a qualified data collection and reporting entity to
enable the qualified data collection and reporting
entity to carry out the activities described in
subsection (d)(2) for States receiving grants under
section 4; and
``(B) 1 grant, contract, or cooperative agreement
to a qualified protection and advocacy system technical
assistance provider to enable the eligible protection
and advocacy system to carry out the activities
described in subsection (d)(2) for protection and
advocacy systems receiving grants under section 5.
``(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 and in such manner as the Secretary may require, and
containing the following information:
``(A) Information upon which the Secretary shall
consider the input described in paragraph (2).
``(B) A description of the activities such entity
will carry out with the grant, contract, or cooperative
agreement under subsection (d).
``(C) A description of the expertise such entity
has to carry out such activities.
``(D) 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).
``(E) 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.
``(2) Input.--In awarding grants, contracts, or cooperative
agreements under this section and in reviewing the activities
proposed under the applications described in paragraph (1), the
Secretary shall consider the input of the recipients of grants
under sections 4 and 5, 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 4 or
5, respectively, that--
``(i) addresses State-specific information
requests concerning assistive technology from
entities funded under this Act and public
entities not funded under this Act, 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 4 or 5, 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) examples of 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 Act;
and
``(ii) in the case of a program that will
serve States receiving grants under section 4--
``(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 4 or other public
or private resources; and
``(II) provides State-specific,
regional, and national technical
assistance concerning assistive
technology to entities funded under
this Act and public and private
entities not funded under this Act,
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 and between
State assistive technology
programs;
``(ee) maintaining an
accessible website that
includes 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
4(e)(2) 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
4(e), and reducing duplication
of activities among State
assistive technology programs.
``(B) Collaboration.--In developing and providing
technical assistance under this paragraph, an entity
receiving funds 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 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 4.
``(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 4 or 5, 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 4--
``(i) measure the outcomes of all
activities described in section 4(e) and the
progress of the States toward achieving the
measurable goals described in section
4(d)(3)(C); and
``(ii) provide States with the necessary
information required under this Act or by the
Secretary for reports described in section
4(f)(2); and
``(D) are in full compliance with all relevant
State and Federal laws, regulations, and policies with
respect to data privacy and security.
``(e) Limitation.--No entity may receive a grant, contract, or
cooperative agreement under this section if the entity is currently
receiving a grant, contract, or cooperative agreement under this
section.
``SEC. 7. 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 contribute to, and
participate in, all facets of education, employment,
community living, and recreational activities; and
``(2) may--
``(A) develop and expand partnerships between State
Medicaid agencies and recipients of grants under
section 4 to reutilize durable medical equipment;
``(B) increase collaboration between the recipients
of grants under section 4 and States receiving grants
under the Money Follows the Person Rebalancing
Demonstration under section 6071 of the Deficit
Reduction Act of 2005 (42 U.S.C. 1396a note);
``(C) increase collaboration between recipients of
grants under section 4 and area agencies on aging, as
such term is defined in section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002), which may
include collaboration on emergency preparedness, safety
equipment, or assistive technology toolkits;
``(D) provide aid to assist youth with disabilities
to transition from school to adult life, especially
in--
``(i) finding employment and postsecondary
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 intervention for
infants and toddlers with disabilities from birth to
age 3;
``(G) increase awareness of and access to the
Disability Funds-Financial Assistance funding provided
by the Community Development Financial Institutions
Fund that supports acquisition of assistive technology;
and
``(H) increase awareness of and access to other
federally funded disability programs or increase
knowledge of assistive technology.
``(b) Projects Authorized.--If funds are available pursuant to
section 9(c) to carry out this section for a fiscal year, the Secretary
may award, on a competitive basis, grants, contracts, and cooperative
agreements to public or private entities to enable the entities to
carry out projects of national significance.
``(c) Application.--A public or private entity desiring a grant
under this section shall submit an application to the Secretary at such
time and in such manner as the Secretary may require, and containing a
description of the project the public or private entity proposes to
carry out under this section.
``(d) Award Basis.--
``(1) Priority.--In awarding grants under this section, the
Secretary shall give priority to an entity funded under section
4 or 5 for the most recent award period.
``(2) Preference.--For each grant award period, the
Secretary may give preference for 1 or more categories of
projects of national significance described in subparagraphs
(A) through (H) of subsection (a)(2).
``(e) Minimum Funding Level Required.--The Secretary may only award
grants, contracts, or cooperative agreements under this section if the
amount made available under section 9 to carry out sections 4, 5, and 6
is equal to or greater than $49,000,000.
``SEC. 8. ADMINISTRATIVE PROVISIONS.
``(a) General Administration.--
``(1) In general.--Notwithstanding any other provision of
law, the Administrator of the Administration for Community
Living shall be responsible for the administration of this Act.
``(2) Collaboration.--The Administrator of the
Administration for Community Living shall consult with the
Office of Special Education Programs of the Department of
Education, the Rehabilitation Services Administration of the
Department of Education, the Office of Disability Employment
Policy of the Department of Labor, the National Institute on
Disability, Independent Living, and Rehabilitation Research,
and other appropriate Federal entities in the administration of
this Act.
``(3) Administration.--
``(A) In general.--In administering this Act, the
Administrator of the Administration for Community
Living shall ensure that programs funded under this Act
will address--
``(i) the needs of individuals with all
types of disabilities and across the life span;
and
``(ii) the use of assistive technology in
all potential environments, including
employment, education, and community living.
``(B) Funding limitations.--For each fiscal year,
not more than 1/2 of 1 percent of the total funding
appropriated for this Act shall be used by the
Administrator of the Administration for Community
Living to support the administration of this Act.
``(b) Review of Participating Entities.--
``(1) In general.--The Secretary shall assess the extent to
which entities that receive grants under this Act are complying
with the applicable requirements of this Act and achieving
measurable goals that are consistent with the requirements of
the grant programs under which the entities received the
grants.
``(2) Provision of information.--To assist the Secretary in
carrying out the responsibilities of the Secretary under this
section, the Secretary may require States to provide relevant
information, including the information required under
subsection (d).
``(c) Corrective Action and Sanctions.--
``(1) Corrective action.--If the Secretary determines that
an entity that receives a grant under this Act fails to
substantially comply with the applicable requirements of this
Act, or to make substantial progress toward achieving the
measurable goals described in subsection (b)(1) with respect to
the grant program, the Secretary shall assist the entity,
through technical assistance funded under section 6 or other
means, within 90 days after such determination, 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 4 for the
following fiscal year.
``(D) Required redesignation of the lead agency
designated under section 4(c)(1) or an entity
responsible for administering the grant program.
``(3) Appeals procedures.--The Secretary shall establish
appeals procedures for entities that are determined to be in
noncompliance with the applicable requirements of this Act, or
have not made substantial progress toward achieving the
measurable 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 provide the public, by posting on an easily accessible
portion of the internet website of the Department of Health and
Human Services, notification of each action taken by the
Secretary 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, Education, Labor, and Pensions of the
Senate, and the Committee on Education and Labor of the House
of Representatives a report on the activities funded under this
Act to improve the access of assistive technology devices and
assistive technology services to individuals with disabilities.
``(2) Contents.--Such report shall include--
``(A) a compilation and summary of the information
provided by the States in annual progress reports
submitted under section 4(f); and
``(B) a summary of the State applications described
in section 4(d) and an analysis of the progress of the
States in meeting the measurable goals established in
State applications under section 4(d)(3)(C).
``(e) Construction.--Nothing in this section shall be construed to
affect the enforcement authority of the Secretary, another Federal
officer, or a court under any other applicable law.
``(f) Effect on Other Assistance.--This Act may not be construed as
authorizing a Federal or State agency to reduce medical or other
assistance available, or to alter eligibility for a benefit or service,
under any other Federal law.
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS AND
DISTRIBUTION OF FUNDS.
``(a) In General.--There are authorized to be appropriated to carry
out this Act--
``(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.--Of the funds made
available under subsection (a) to carry out this Act and subject to
subsection (c), the Secretary shall--
``(1) reserve an amount equal to 3 percent of such
available funds to carry out paragraphs (1) and (2) of section
6(b); and
``(2) of the amounts remaining after the reservation under
paragraph (1)--
``(A) use 85.5 percent of such amounts to carry out
section 4; and
``(B) use 14.5 percent of such amounts to carry out
section 5.
``(c) Limit for Projects of National Significance.--For any fiscal
year for which the amount of funds made available under subsection (a)
exceeds $49,000,000, the Secretary may--
``(1) reserve for section 7, 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).''.
SEC. 3. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the day that is 6 months after the date of enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
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