[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.
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