[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2401 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 121
117th CONGRESS
  1st Session
                                S. 2401

  To reauthorize the Assistive Technology Act of 1998, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2021

 Mr. Casey (for himself, Ms. Collins, Ms. Hassan, Mr. Cramer, and Ms. 
  Murkowski) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

                             August 7, 2021

               Reported by Mrs. Murray, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``21st Century Assistive 
Technology Act''.</DELETED>

<DELETED>SEC. 2. REAUTHORIZATION.</DELETED>

<DELETED>    The Assistive Technology Act of 1998 (29 U.S.C. 3001 et 
seq.) is amended to read as follows:</DELETED>

<DELETED>``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    ``(a) Short Title.--This Act may be cited as the 
`Assistive Technology Act of 1998'.</DELETED>
<DELETED>    ``(b) Table of Contents.--The table of contents of this 
Act is as follows:</DELETED>

<DELETED>``Sec. 1. Short title; table of contents.
<DELETED>``Sec. 2. Findings and purposes.
<DELETED>``Sec. 3. Definitions.
<DELETED>``Sec. 4. Grants for State assistive technology programs.
<DELETED>``Sec. 5. State grants for protection and advocacy services 
                            related to assistive technology.
<DELETED>``Sec. 6. Technical assistance and data collection support.
<DELETED>``Sec. 7. Projects of national significance.
<DELETED>``Sec. 8. Administrative provisions.
<DELETED>``Sec. 9. Authorization of appropriations; reservations and 
                            distribution of funds.

<DELETED>``SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    ``(a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    ``(1) Over 54,000,000 individuals in the United 
        States have disabilities, with almost half experiencing severe 
        disabilities that affect their ability to see, hear, 
        communicate, reason, walk, or perform other basic life 
        functions.</DELETED>
        <DELETED>    ``(2) Disability is a natural part of the human 
        experience and in no way diminishes the right of individuals 
        to--</DELETED>
                <DELETED>    ``(A) live independently;</DELETED>
                <DELETED>    ``(B) enjoy self-determination and make 
                choices;</DELETED>
                <DELETED>    ``(C) benefit from an education;</DELETED>
                <DELETED>    ``(D) pursue competitive, integrated 
                employment; and</DELETED>
                <DELETED>    ``(E) enjoy full inclusion and integration 
                in the economic, political, social, cultural, and 
                educational mainstream of society in the United 
                States.</DELETED>
        <DELETED>    ``(3) Technology is one of the primary engines for 
        economic activity, education, and innovation in the Nation, and 
        throughout the world. The commitment of the United States to 
        the development and utilization of technology is one of the 
        main factors underlying the strength and vibrancy of the 
        economy of the United States.</DELETED>
        <DELETED>    ``(4) As technology has come to play an 
        increasingly important role in the lives of all persons in the 
        United States, in the conduct of business, in the functioning 
        of government, in the fostering of communication, in the 
        conduct of commerce, and in the provision of education, its 
        impact upon the lives of individuals with disabilities in the 
        United States has been comparable to its impact upon the 
        remainder of the citizens of the United States. Any development 
        in mainstream technology will have profound implications for 
        individuals with disabilities in the United States.</DELETED>
        <DELETED>    ``(5) Substantial progress has been made in the 
        development of assistive technology devices, including 
        adaptations to existing devices that facilitate activities of 
        daily living that significantly benefit individuals with 
        disabilities of all ages. These devices, including adaptations, 
        increase involvement in, and reduce expenditures associated 
        with, programs and activities that facilitate communication, 
        ensure independent functioning, enable early childhood 
        development, support educational achievement, provide and 
        enhance employment options, and enable full participation in 
        community living for individuals with disabilities. Access to 
        such devices can also reduce expenditures associated with early 
        childhood intervention, education, rehabilitation and training, 
        health care, employment, residential living, independent 
        living, recreation opportunities, and other aspects of daily 
        living.</DELETED>
        <DELETED>    ``(6) Over the last 15 years, the Federal 
        Government has invested in the development of comprehensive 
        statewide programs of technology-related assistance, which have 
        proven effective in assisting individuals with disabilities in 
        accessing assistive technology devices and assistive technology 
        services. This partnership between the Federal Government and 
        the States provided an important service to individuals with 
        disabilities by strengthening the capacity of each State to 
        assist individuals with disabilities of all ages meet their 
        assistive technology needs.</DELETED>
        <DELETED>    ``(7) Despite the success of the Federal-State 
        partnership in providing access to assistive technology devices 
        and assistive technology services, there is a continued need to 
        provide information and legally based advocacy about the 
        availability of assistive technology, advances in improving 
        accessibility and functionality of assistive technology, and 
        appropriate methods to secure and utilize assistive technology 
        in order to maximize the independence and participation of 
        individuals with disabilities in society.</DELETED>
        <DELETED>    ``(8) The combination of significant recent 
        changes in Federal policy (including changes to section 508 of 
        the Rehabilitation Act of 1973 (29 U.S.C. 794d)), accessibility 
        provisions of the Help America Vote Act of 2002 (42 U.S.C. 
        15301 et seq.), and the amendments made to the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) by the 
        No Child Left Behind Act of 2001 (Public Law 107-110; 115 Stat. 
        1425) and the rapid and unending evolution of technology 
        require a Federal-State investment in State assistive 
        technology programs, as well as an investment in protection and 
        advocacy systems, to continue to ensure that individuals with 
        disabilities reap the benefits of the technological revolution 
        and participate fully in life in their communities.</DELETED>
<DELETED>    ``(b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    ``(1) to support State efforts to improve the 
        provision of assistive technology to individuals with 
        disabilities through a comprehensive statewide continuum of 
        integrated activities, for individuals with disabilities of all 
        ages, that are designed to--</DELETED>
                <DELETED>    ``(A) increase the availability of, 
                funding for, access to, provision of, and training 
                about assistive technology devices and assistive 
                technology services;</DELETED>
                <DELETED>    ``(B) increase the ability of individuals 
                with disabilities of all ages 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);</DELETED>
                <DELETED>    ``(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 of all ages;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(E) increase and promote coordination 
                among State agencies, between State and local agencies, 
                among local agencies, 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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(G) increase awareness and knowledge of 
                the benefits of assistive technology devices and 
                assistive technology services among individuals with 
                disabilities and their families, older individuals and 
                their families, and the general population; 
                and</DELETED>
        <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    ``In this Act:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) a program providing residential, 
                supportive, or employment services, or employment-
                related services, to individuals with 
                disabilities;</DELETED>
                <DELETED>    ``(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.);</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.).</DELETED>
        <DELETED>    ``(3) Assistive technology.--The term `assistive 
        technology' means technology designed to be utilized in an 
        assistive technology device or assistive technology 
        service.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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 and 
                appropriate services to the individual in the customary 
                environment of the individual;</DELETED>
                <DELETED>    ``(B) a service consisting of purchasing, 
                leasing, or otherwise providing for the acquisition of 
                assistive technology devices by individuals with 
                disabilities;</DELETED>
                <DELETED>    ``(C) a service consisting of selecting, 
                designing, fitting, customizing, adapting, applying, 
                maintaining, repairing, replacing, or donating 
                assistive technology devices;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(E) training or technical assistance for 
                an individual with a disability or, where appropriate, 
                the family members, guardians, advocates, or authorized 
                representatives of such an individual;</DELETED>
                <DELETED>    ``(F) training 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</DELETED>
                <DELETED>    ``(G) a service consisting of expanding 
                the availability of access to technology, including 
                electronic and information technology, to individuals 
                with disabilities.</DELETED>
        <DELETED>    ``(6) Capacity building and advocacy activities.--
        The term `capacity building and advocacy activities' means 
        efforts that--</DELETED>
                <DELETED>    ``(A) result in laws, regulations, 
                policies, practices, procedures, or organizational 
                structures that promote consumer-responsive programs or 
                entities; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) implemented by a State;</DELETED>
                <DELETED>    ``(B) 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</DELETED>
                <DELETED>    ``(C) that incorporates all of the 
                activities described in section 4(e) (unless excluded 
                pursuant to section 4(e)(6)).</DELETED>
        <DELETED>    ``(8) Consumer-responsive.--The term `consumer-
        responsive'--</DELETED>
                <DELETED>    ``(A) with regard to policies, means that 
                the policies are consistent with the principles of--
                </DELETED>
                        <DELETED>    ``(i) respect for individual 
                        dignity, personal responsibility, self-
                        determination, and pursuit of meaningful 
                        careers, based on informed choice, of 
                        individuals with disabilities;</DELETED>
                        <DELETED>    ``(ii) respect for the privacy, 
                        rights, and equal access (including the use of 
                        accessible formats) of such 
                        individuals;</DELETED>
                        <DELETED>    ``(iii) inclusion, integration, 
                        and full participation of such individuals in 
                        society;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(v) support for individual and 
                        systems advocacy and community involvement; 
                        and</DELETED>
                <DELETED>    ``(B) with respect to an entity, program, 
                or activity, means that the entity, program, or 
                activity--</DELETED>
                        <DELETED>    ``(i) is easily accessible to, and 
                        usable by, individuals with disabilities and, 
                        when appropriate, their family members, 
                        guardians, advocates, or authorized 
                        representatives;</DELETED>
                        <DELETED>    ``(ii) responds to the needs of 
                        individuals with disabilities in a timely and 
                        appropriate manner; and</DELETED>
                        <DELETED>    ``(iii) facilitates the full and 
                        meaningful participation of individuals with 
                        disabilities (including individuals from 
                        underrepresented populations and rural 
                        populations) and their family members, 
                        guardians, advocates, and authorized 
                        representatives, in--</DELETED>
                                <DELETED>    ``(I) decisions relating 
                                to the provision of assistive 
                                technology devices and assistive 
                                technology services to such 
                                individuals; and</DELETED>
                                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(10) Individual with a disability; individuals 
        with disabilities.--</DELETED>
                <DELETED>    ``(A) Individual with a disability.--The 
                term `individual with a disability' means any 
                individual of any age, race, or ethnicity--</DELETED>
                        <DELETED>    ``(i) who has a disability; 
                        and</DELETED>
                        <DELETED>    ``(ii) 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.</DELETED>
                <DELETED>    ``(B) Individuals with disabilities.--The 
                term `individuals with disabilities' means more than 1 
                individual with a disability.</DELETED>
        <DELETED>    ``(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.).</DELETED>
        <DELETED>    ``(12) Protection and advocacy services.--The term 
        `protection and advocacy services' means services that--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) assist individuals with disabilities 
                with respect to assistive technology devices and 
                assistive technology services.</DELETED>
        <DELETED>    ``(13) Secretary.--The term `Secretary' means the 
        Secretary of Health and Human Services, acting through the 
        Administrator for Community Living.</DELETED>
        <DELETED>    ``(14) State.--</DELETED>
                <DELETED>    ``(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, 
                the Commonwealth of Puerto Rico, the United States 
                Virgin Islands, Guam, American Samoa, and the 
                Commonwealth of the Northern Mariana Islands.</DELETED>
                <DELETED>    ``(B) Outlying areas.--In section 
                4(b):</DELETED>
                        <DELETED>    ``(i) Outlying area.--The term 
                        `outlying area' means the United States Virgin 
                        Islands, Guam, American Samoa, and the 
                        Commonwealth of the Northern Mariana 
                        Islands.</DELETED>
                        <DELETED>    ``(ii) State.--The term `State' 
                        does not include the United States Virgin 
                        Islands, Guam, American Samoa, and the 
                        Commonwealth of the Northern Mariana 
                        Islands.</DELETED>
        <DELETED>    ``(15) State assistive technology program.--The 
        term `State assistive technology program' means a program 
        authorized under section 4.</DELETED>
        <DELETED>    ``(16) Targeted individuals and entities.--The 
        term `targeted individuals and entities' means--</DELETED>
                <DELETED>    ``(A) individuals with disabilities of all 
                ages and their family members, guardians, advocates, 
                and authorized representatives;</DELETED>
                <DELETED>    ``(B) underrepresented populations, 
                including the aging workforce;</DELETED>
                <DELETED>    ``(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, 
                or provide services to, with individuals with 
                disabilities;</DELETED>
                <DELETED>    ``(D) educators at all levels (including 
                providers of early intervention services, elementary 
                schools, secondary schools, community colleges, and 
                vocational and other institutions of higher education) 
                and related services personnel;</DELETED>
                <DELETED>    ``(E) technology experts (including web 
                designers and procurement officials);</DELETED>
                <DELETED>    ``(F) health, allied health, and 
                rehabilitation professionals and hospital employees 
                (including discharge planners);</DELETED>
                <DELETED>    ``(G) employers, especially small business 
                employers, and providers of employment and training 
                services;</DELETED>
                <DELETED>    ``(H) entities that manufacture or sell 
                assistive technology devices;</DELETED>
                <DELETED>    ``(I) entities that carry out community 
                programs designed to develop essential community 
                services in rural and urban areas; and</DELETED>
                <DELETED>    ``(J) other appropriate individuals and 
                entities, as determined for a State by the 
                State.</DELETED>
        <DELETED>    ``(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, individuals who are minorities, individuals with 
        a total family income that is below the poverty line (as 
        defined in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102)), individuals with limited 
        English proficiency, older individuals, or individuals from 
        rural areas.</DELETED>
        <DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 4. GRANTS FOR STATE ASSISTIVE TECHNOLOGY 
              PROGRAMS.</DELETED>

<DELETED>    ``(a) Grants to States.--The Secretary shall award grants 
under subsection (b) to States to maintain a comprehensive statewide 
continuum of integrated assistive technology activities described in 
subsection (e) through State assistive technology programs that are 
designed to--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(2) to increase access to assistive 
        technology.</DELETED>
<DELETED>    ``(b) Amount of Financial Assistance.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Calculation of state grants.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Ratable reduction.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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 
                        this paragraph.</DELETED>
                <DELETED>    ``(C) Higher appropriation years.--For a 
                fiscal year for which the amount of funds made 
                available to carry out this section is greater than the 
                base year amount described in subparagraph (A), the 
                Secretary shall--</DELETED>
                        <DELETED>    ``(i) make the allotments 
                        described in subparagraph (A);</DELETED>
                        <DELETED>    ``(ii) from the funds remaining 
                        after the allotments described in clause (i), 
                        allot to each State or outlying area an equal 
                        amount of such funds, until each State has 
                        received an allotment under clause (i) and this 
                        clause of not less than $550,000, and each 
                        outlying area has received an allotment of 
                        $167,500; and</DELETED>
                        <DELETED>    ``(iii) from the remainder of the 
                        funds after the Secretary makes the allotments 
                        described in clause (ii)--</DELETED>
                                <DELETED>    ``(I) from 50 percent of 
                                the remainder 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; and</DELETED>
                                <DELETED>    ``(II) from 50 percent of 
                                the remainder, allot to each State an 
                                equal amount.</DELETED>
        <DELETED>    ``(3) Availability of funds.--Amounts made 
        available for an award year under this section shall be 
        available for the award year and the year following the award 
        year.</DELETED>
<DELETED>    ``(c) Lead Agency, Implementing Entity, and Advisory 
Council.--</DELETED>
        <DELETED>    ``(1) Lead agency and implementing entity.--
        </DELETED>
                <DELETED>    ``(A) Lead agency.--</DELETED>
                        <DELETED>    ``(i) In general.--The Governor of 
                        a State shall designate a public agency as a 
                        lead agency--</DELETED>
                                <DELETED>    ``(I) to control and 
                                administer the funds made available 
                                through the grant awarded to the State 
                                under this section; and</DELETED>
                                <DELETED>    ``(II) to submit the 
                                application described in subsection (d) 
                                on behalf of the State, to ensure 
                                conformance with Federal and State 
                                accounting requirements.</DELETED>
                        <DELETED>    ``(ii) Duties.--The duties of the 
                        lead agency shall include--</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(III) coordinating 
                                culturally competent efforts 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.</DELETED>
                <DELETED>    ``(B) Implementing entity.--The Governor 
                or lead agency may designate an agency, office, or 
                other entity to carry out all 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.</DELETED>
                <DELETED>    ``(C) Change in agency or entity.--
                </DELETED>
                        <DELETED>    ``(i) In general.--On obtaining 
                        the approval of the Secretary--</DELETED>
                                <DELETED>    ``(I) the Governor may 
                                redesignate the lead agency of a State, 
                                if the Governor shows to the Secretary 
                                good cause why the entity designated as 
                                the lead agency should not serve as 
                                that agency; and</DELETED>
                                <DELETED>    ``(II) the Governor or the 
                                lead agency may redesignate the 
                                implementing entity of a State, if the 
                                Governor or lead agency 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.</DELETED>
                        <DELETED>    ``(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 Assistive Technology 
                        Act of 2004 (Public Law 108-364; 118 Stat. 
                        1707).</DELETED>
        <DELETED>    ``(2) Advisory council.--</DELETED>
                <DELETED>    ``(A) In general.--There shall be 
                established an advisory council to provide consumer-
                responsive, consumer-driven advice to the State for, 
                planning of, implementation of, and evaluation of the 
                activities carried out through the grant, including 
                setting the measurable goals described in subsection 
                (d)(3)(C).</DELETED>
                <DELETED>    ``(B) Composition and representation.--
                </DELETED>
                        <DELETED>    ``(i) Composition.--The advisory 
                        council shall be composed of--</DELETED>
                                <DELETED>    ``(I) individuals with 
                                disabilities that use assistive 
                                technology, including individuals over 
                                50 years of age, or the family members 
                                or guardians of the 
                                individuals;</DELETED>
                                <DELETED>    ``(II) a representative of 
                                the designated State agency, as defined 
                                in section 7 of the Rehabilitation Act 
                                of 1973 (29 U.S.C. 705) and the 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;</DELETED>
                                <DELETED>    ``(III) 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);</DELETED>
                                <DELETED>    ``(IV) a representative of 
                                the State workforce development board 
                                established under section 101 of the 
                                Workforce Innovation and Opportunity 
                                Act (29 U.S.C. 3111);</DELETED>
                                <DELETED>    ``(V) a representative of 
                                1 or more of the following:</DELETED>
                                        <DELETED>    ``(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.);</DELETED>
                                        <DELETED>    ``(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);</DELETED>
                                        <DELETED>    ``(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 
                                        assistant under such Act (42 
                                        U.S.C. 3001 et seq.);</DELETED>
                                        <DELETED>    ``(dd) an 
                                        organization representing 
                                        injured veterans;</DELETED>
                                        <DELETED>    ``(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));</DELETED>
                                        <DELETED>    ``(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); 
                                        or</DELETED>
                                        <DELETED>    ``(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);</DELETED>
                                <DELETED>    ``(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);</DELETED>
                                <DELETED>    ``(VII) a representative 
                                of an alternative financing program for 
                                assistive technology, if--</DELETED>
                                        <DELETED>    ``(aa) there is an 
                                        alternative financing program 
                                        for assistive technology in the 
                                        State;</DELETED>
                                        <DELETED>    ``(bb) such 
                                        program is separate from the 
                                        State assistive technology 
                                        program supported under 
                                        subsection (e)(2); 
                                        and</DELETED>
                                        <DELETED>    ``(cc) the program 
                                        described in item (aa) is 
                                        operated by a nonprofit entity; 
                                        and</DELETED>
                                <DELETED>    ``(VIII) representatives 
                                of other State agencies, public 
                                agencies, or private organizations, as 
                                determined by the State.</DELETED>
                        <DELETED>    ``(ii) Majority.--</DELETED>
                                <DELETED>    ``(I) In general.--Not 
                                less than 51 percent of the members of 
                                the advisory council shall be members 
                                appointed under clause (i)(I), in a 
                                manner that ensures--</DELETED>
                                        <DELETED>    ``(aa) not less 
                                        than 31 percent of the members 
                                        of the advisory council are 
                                        individuals with disabilities 
                                        described in such clause; 
                                        and</DELETED>
                                        <DELETED>    ``(bb) not more 
                                        than 20 percent of the members 
                                        of the advisory council are 
                                        family members or guardians of 
                                        individuals with disabilities 
                                        described in such 
                                        clause.</DELETED>
                                <DELETED>    ``(II) Representatives of 
                                agencies.--Members appointed under 
                                subclauses (II) through (VIII) of 
                                clause (i) shall not count toward the 
                                majority membership requirement 
                                established in subclause (I).</DELETED>
                        <DELETED>    ``(iii) Representation.--The 
                        advisory council shall be geographically 
                        representative of the State and reflect the 
                        diversity of the State with respect to race, 
                        ethnicity, types of disabilities across the age 
                        span, and users of types of services that an 
                        individual with a disability may 
                        receive.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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 who carry out 
                State assistive technology programs.</DELETED>
<DELETED>    ``(d) Application.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Lead agency and implementing entity.--
        </DELETED>
                <DELETED>    ``(A) In general.--The application shall 
                contain--</DELETED>
                        <DELETED>    ``(i) information identifying and 
                        describing the lead agency referred to in 
                        subsection (c)(1)(A);</DELETED>
                        <DELETED>    ``(ii) information identifying and 
                        describing the implementing entity referred to 
                        in subsection (c)(1)(B), if the Governor or 
                        lead agency of the State designates such an 
                        entity;</DELETED>
                        <DELETED>    ``(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); 
                        and</DELETED>
                        <DELETED>    ``(iv) 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.</DELETED>
                <DELETED>    ``(B) Change in lead agency or 
                implementing agency.--In any case where the Governor or 
                lead agency requests to redesignate a lead agency or 
                implementing entity, as the case may be, the Governor 
                or lead agency shall include in, or amend, the 
                application to request the redesignation and provide a 
                written description of the rationale for why the entity 
                designated as the lead agency or implementing entity, 
                as the case may be, should not serve as that agency or 
                entity.</DELETED>
        <DELETED>    ``(3) State plan.--The application under this 
        subsection shall include a State plan for assistive technology, 
        consisting of--</DELETED>
                <DELETED>    ``(A) a description of how the State will 
                carry out a statewide continuum of integrated assistive 
                technology activities and implement all activities 
                described in subsection (e) (unless excluded by the 
                State pursuant to subsection (e)(6));</DELETED>
                <DELETED>    ``(B) a description of how the State will 
                allocate and utilize grant funds to implement the 
                activities, including describing proposed budget 
                allocations and planned procedures for tracking 
                expenditures for the activities;</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(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.);</DELETED>
                        <DELETED>    ``(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.);</DELETED>
                        <DELETED>    ``(iii) access to tele-assistive 
                        technology to aid in the access of health care 
                        services;</DELETED>
                        <DELETED>    ``(iv) accessible information and 
                        communication technology training; 
                        and</DELETED>
                        <DELETED>    ``(v) community living;</DELETED>
                <DELETED>    ``(D) information describing how the State 
                will quantifiably measure the goals to determine 
                whether the goals have been achieved, in a manner 
                consistent with the data submitted through the progress 
                reports under subsection (f); and</DELETED>
                <DELETED>    ``(E) a description of any activities 
                described in subsection (e) that the State will support 
                with State or non-Federal funds.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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 collaborators to assist in 
                accomplishing identified goals; and</DELETED>
                <DELETED>    ``(B) a description of the mechanisms 
                established to ensure coordination of activities and 
                collaboration between the implementing entity, if any, 
                and the State.</DELETED>
        <DELETED>    ``(5) Assurances.--The application shall include 
        assurances that--</DELETED>
                <DELETED>    ``(A) the State will annually collect data 
                related to all activities described in paragraph 
                (3)(A), including activities funded by State or non-
                Federal sources under subsection (e)(1)(B), in order to 
                prepare the progress reports required under subsection 
                (f);</DELETED>
                <DELETED>    ``(B) funds received through the grant--
                </DELETED>
                        <DELETED>    ``(i) will be expended in 
                        accordance with this section; and</DELETED>
                        <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(C) the lead agency will control and 
                administer the funds received through the 
                grant;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(H) the State will--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Use of Funds.--</DELETED>
        <DELETED>    ``(1) Required activities.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraph (B) and paragraph (6), any State that 
                receives a grant under this section shall--</DELETED>
                        <DELETED>    ``(i) use a portion of not more 
                        than 40 percent of the funds made available 
                        through the grant to carry out all of the 
                        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</DELETED>
                        <DELETED>    ``(ii) use a portion of the funds 
                        made available through the grant to carry out 
                        all of the activities described in paragraph 
                        (2).</DELETED>
                <DELETED>    ``(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) if, in that 
                State--</DELETED>
                        <DELETED>    ``(i) financial support is 
                        provided from State or other non-Federal 
                        resources or entities for that category of 
                        activities; and</DELETED>
                        <DELETED>    ``(ii) the amount of the financial 
                        support 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 that category of 
                        activities, in the absence of this 
                        subparagraph.</DELETED>
        <DELETED>    ``(2) State-level activities.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(ii) another mechanism that is 
                        approved by the Secretary; or</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) a low-interest loan 
                                fund;</DELETED>
                                <DELETED>    ``(II) an interest buy-
                                down program;</DELETED>
                                <DELETED>    ``(III) a revolving loan 
                                fund; or</DELETED>
                                <DELETED>    ``(IV) a loan guarantee or 
                                insurance program.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(D) Device demonstrations.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) State leadership activities.--</DELETED>
                <DELETED>    ``(A) Training and technical assistance.--
                </DELETED>
                        <DELETED>    ``(i) In general.--The State shall 
                        directly, or provide support to public or 
                        private entities with demonstrated expertise in 
                        collaborating with public or private agencies 
                        that serve individuals with disabilities to, 
                        develop and disseminate training materials, 
                        conduct training, and provide technical 
                        assistance, for individuals from local settings 
                        statewide, including representatives of State 
                        and local educational agencies, other State and 
                        local agencies, early intervention programs, 
                        adult service programs, hospitals and other 
                        health care facilities, institutions of higher 
                        education, and businesses.</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) general awareness 
                                training on the benefits of assistive 
                                technology and the Federal, State, and 
                                private funding sources available to 
                                assist targeted individuals, especially 
                                older individuals, and entities in 
                                acquiring assistive 
                                technology;</DELETED>
                                <DELETED>    ``(II) skills-development 
                                training in assessing the need for 
                                assistive technology devices and 
                                assistive technology 
                                services;</DELETED>
                                <DELETED>    ``(III) training to ensure 
                                the appropriate application and use of 
                                assistive technology devices, assistive 
                                technology services, and accessible 
                                information and communication 
                                technology for e-government 
                                functions;</DELETED>
                                <DELETED>    ``(IV) training in the 
                                importance of multiple approaches to 
                                assessment and implementation necessary 
                                to meet the individualized needs of 
                                individuals with disabilities and older 
                                individuals; and</DELETED>
                                <DELETED>    ``(V) technical training 
                                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.</DELETED>
                        <DELETED>    ``(iii) Transition assistance to 
                        individuals with disabilities.--The State shall 
                        directly, or provide support to public or 
                        private entities to, develop and disseminate 
                        training materials, conduct training, 
                        facilitate access to assistive technology, and 
                        provide technical assistance, to assist--
                        </DELETED>
                                <DELETED>    ``(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; 
                                or</DELETED>
                                <DELETED>    ``(II) adults who are 
                                individuals with disabilities 
                                maintaining or transitioning to 
                                community living.</DELETED>
                <DELETED>    ``(B) Public-awareness activities.--
                </DELETED>
                        <DELETED>    ``(i) In general.--The State shall 
                        conduct public-awareness activities designed to 
                        provide information to targeted individuals, 
                        including older individuals, and entities 
                        relating to the availability, benefits, 
                        appropriateness, and costs of assistive 
                        technology devices and assistive technology 
                        services, including--</DELETED>
                                <DELETED>    ``(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 
                                centers, public and private employers, 
                                or elementary and secondary public 
                                schools;</DELETED>
                                <DELETED>    ``(II) the development and 
                                dissemination, to targeted individuals 
                                and entities, of information about 
                                State efforts related to assistive 
                                technology; and</DELETED>
                                <DELETED>    ``(III) the distribution 
                                of materials to appropriate public and 
                                private agencies that provide social, 
                                medical, educational, employment, and 
                                transportation services to individuals 
                                with disabilities.</DELETED>
                        <DELETED>    ``(ii) Statewide information and 
                        referral system.--</DELETED>
                                <DELETED>    ``(I) In general.--The 
                                State shall directly, or in 
                                collaboration with public or private 
                                (such as nonprofit) entities, provide 
                                for the continuation and enhancement of 
                                a statewide information and referral 
                                system designed to meet the needs of 
                                targeted individuals and 
                                entities.</DELETED>
                                <DELETED>    ``(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 of all ages to perform 
                                activities of daily living.</DELETED>
                <DELETED>    ``(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 
                individuals with disabilities, service providers, and 
                others to improve access to assistive technology 
                devices and assistive technology services for 
                individuals with disabilities of all ages in the 
                State.</DELETED>
        <DELETED>    ``(4) 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.</DELETED>
        <DELETED>    ``(5) Funding rules.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Federal partner collaboration.--In 
                order to provide the maximum 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--</DELETED>
                        <DELETED>    ``(i) the State educational agency 
                        receiving assistance under the Individuals with 
                        Disabilities Education Act (20 U.S.C. 1400 et 
                        seq.);</DELETED>
                        <DELETED>    ``(ii) the State vocational 
                        rehabilitation agency receiving assistance 
                        under title I of the Rehabilitation Act of 1973 
                        (29 U.S.C. 720 et seq.);</DELETED>
                        <DELETED>    ``(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.);</DELETED>
                        <DELETED>    ``(iv) the State agency receiving 
                        assistance under the Older Americans Act of 
                        1965 (42 U.S.C. 3001 et seq.); and</DELETED>
                        <DELETED>    ``(v) any other agency in a State 
                        that funds assistive technology.</DELETED>
        <DELETED>    ``(6) State flexibility.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(B) Special rule.--Notwithstanding 
                paragraph (1)(A), any State that exercises its 
                authority under subparagraph (A)--</DELETED>
                        <DELETED>    ``(i) shall carry out each of the 
                        required activities described in paragraph (3); 
                        and</DELETED>
                        <DELETED>    ``(ii) shall use not more than 30 
                        percent of the funds made available through the 
                        grant to carry out such activities.</DELETED>
        <DELETED>    ``(7) Assistive technology device disposition.--
        Notwithstanding other equipment disposition policies 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 non-profit agency, or individual with a 
        disability in need of such device.</DELETED>
<DELETED>    ``(f) Annual Progress Reports.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Reports.--</DELETED>
                <DELETED>    ``(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 non-Federal sources under subsection 
                (e)(1)(B), at such time, and in such manner, as the 
                Secretary may require.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the type of State financing 
                        activities described in subsection (e)(2)(A) 
                        used by the State;</DELETED>
                        <DELETED>    ``(ii) the amount and type of 
                        assistance given to consumers of the State 
                        financing activities described in subsection 
                        (e)(2)(A) (who 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--
                        </DELETED>
                                <DELETED>    ``(I) the number of 
                                applications for assistance 
                                received;</DELETED>
                                <DELETED>    ``(II) the numbers of 
                                applications--</DELETED>
                                        <DELETED>    ``(aa) 
                                        approved;</DELETED>
                                        <DELETED>    ``(bb) denied; 
                                        or</DELETED>
                                        <DELETED>    ``(cc) 
                                        withdrawn;</DELETED>
                                <DELETED>    ``(III) the number, and 
                                dollar amount, of defaults for the 
                                financing activities;</DELETED>
                                <DELETED>    ``(IV) the range and 
                                average interest rate for the financing 
                                activities;</DELETED>
                                <DELETED>    ``(V) the range and 
                                average income of approved applicants 
                                for the financing activities; 
                                and</DELETED>
                                <DELETED>    ``(VI) the types and 
                                dollar amounts of assistive technology 
                                financed;</DELETED>
                        <DELETED>    ``(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 individuals with 
                        disabilities who have benefited from the device 
                        loan program;</DELETED>
                        <DELETED>    ``(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 
                        that have benefited from the device 
                        reutilization program;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(vi)(I) the number and general 
                        characteristics of individuals who participated 
                        in training 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 training; and</DELETED>
                        <DELETED>    ``(II) to the extent practicable, 
                        the geographic distribution of individuals who 
                        participated in the training;</DELETED>
                        <DELETED>    ``(vii) the frequency of provision 
                        and nature of technical assistance provided to 
                        State and local agencies and other 
                        entities;</DELETED>
                        <DELETED>    ``(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) 
                        with a high impact;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(xi) the level of customer 
                        satisfaction with the services 
                        provided.</DELETED>

<DELETED>``SEC. 5. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES 
              RELATED TO ASSISTIVE TECHNOLOGY.</DELETED>

<DELETED>    ``(a) Grants.--</DELETED>
        <DELETED>    ``(1) In general.--From amounts made available to 
        carry out this section, the Secretary shall make grants, 
        through allotments under subsection (b), to protection and 
        advocacy systems 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.</DELETED>
        <DELETED>    ``(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.), as 
        determined by the Secretary.</DELETED>
<DELETED>    ``(b) Reservation; Distribution.--</DELETED>
        <DELETED>    ``(1) Reservation.--For each fiscal year, the 
        Secretary shall reserve, from 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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Payment to the system serving the american 
        indian consortium.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Amount of grants.--The amount of 
                such grants shall be the same as the amount provided 
                under paragraph (3)(A).</DELETED>
        <DELETED>    ``(5) Adjustment.--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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Carryover; Program Income.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Program income.--Program income generated 
        from any amount paid to an eligible system for a fiscal year 
        shall--</DELETED>
                <DELETED>    ``(A) remain available to the eligible 
                system until expended and be considered an addition to 
                the grant; and</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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 such information as the Secretary may 
require, including documentation of the progress of the entity in--
</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) engaging in informal advocacy to assist in 
        securing assistive technology devices and assistive technology 
        services for individuals with disabilities;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) developing and implementing strategies to 
        enhance the long-term abilities of individuals with 
        disabilities and their family members, guardians, advocates, 
        and authorized representatives to advocate the provision of 
        assistive technology devices and assistive technology services 
        to which the individuals with disabilities are entitled under 
        law other than this Act;</DELETED>
        <DELETED>    ``(5) 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</DELETED>
        <DELETED>    ``(6) 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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 6. TECHNICAL ASSISTANCE AND DATA COLLECTION 
              SUPPORT.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Qualified data collection and reporting 
        entity.--The term `qualified data collection and reporting 
        entity' means a national nonprofit organization with 
        demonstrated expertise in data collection and reporting as 
        described in section 4(f)(2)(B), in order to--</DELETED>
                <DELETED>    ``(A) provide recipients of grants under 
                this Act with training and technical assistance; 
                and</DELETED>
                <DELETED>    ``(B) assist such recipients with data 
                collection and data requirements.</DELETED>
        <DELETED>    ``(2) Qualified protection and advocacy system 
        technical assistance provider.--The term `qualified protection 
        and advocacy system technical assistance provider' means an 
        entity that has experience in--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) providing technical assistance to 
                protection and advocacy agencies.</DELETED>
        <DELETED>    ``(3) Qualified training and technical assistance 
        provider.--The term `qualified training and technical 
        assistance provider' means a national nonprofit organization 
        with demonstrated expertise in assistive technology and that 
        has (directly or through grant or contract)--</DELETED>
                <DELETED>    ``(A) experience and expertise in 
                administering programs, including developing, 
                implementing, and administering all of the activities 
                described in section 4(e); and</DELETED>
                <DELETED>    ``(B) documented experience in and 
                knowledge about--</DELETED>
                        <DELETED>    ``(i) assistive technology device 
                        loan and demonstration;</DELETED>
                        <DELETED>    ``(ii) assistive technology device 
                        reuse;</DELETED>
                        <DELETED>    ``(iii) financial loans and 
                        microlending, including the activities of 
                        alternative financing programs for assistive 
                        technology; and</DELETED>
                        <DELETED>    ``(iv) State leadership 
                        activities.</DELETED>
<DELETED>    ``(b) Technical Assistance and Data Collection Support 
Authorized.--</DELETED>
        <DELETED>    ``(1) Support for assistive technology training 
        and technical assistance.--From amounts made available under 
        section 9(b)(1), the Secretary shall award, on a competitive 
        basis--</DELETED>
                <DELETED>    ``(A) 1 grant, contract, or cooperative 
                agreement to a qualified training and technical 
                assistance provider to support activities described in 
                subsection (d)(1) for States receiving grants under 
                section 4; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Support for data collection and reporting 
        assistance.--From amounts made available under section 9(b)(2), 
        the Secretary shall award, on a competitive basis--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Application.--</DELETED>
        <DELETED>    ``(1) In general.--To be eligible to receive a 
        grant, contract, or cooperative agreement under this section, 
        an entity shall submit an application to the Secretary at such 
        time, in such manner, and containing such information as the 
        Secretary may require.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) individuals with disabilities who 
                use assistive technology and understand the barriers to 
                the acquisition of such technology and assistive 
                technology services;</DELETED>
                <DELETED>    ``(B) family members, guardians, 
                advocates, and authorized representatives of such 
                individuals;</DELETED>
                <DELETED>    ``(C) relevant employees from Federal 
                departments and agencies, other than the Department of 
                Health and Human Services;</DELETED>
                <DELETED>    ``(D) representatives of businesses; 
                and</DELETED>
                <DELETED>    ``(E) venders and public and private 
                researchers and developers.</DELETED>
<DELETED>    ``(d) Authorized Activities.--</DELETED>
        <DELETED>    ``(1) Use of funds for assistive technology 
        training and technical assistance.--</DELETED>
                <DELETED>    ``(A) Training and technical assistance 
                efforts.--A qualified training and 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 training and technical 
                assistance program for States or protection and 
                advocacy systems receiving a grant under section 4 or 
                5, respectively, that--</DELETED>
                        <DELETED>    ``(i) addresses State-specific 
                        information requests concerning assistive 
                        technology from entities funded under this Act 
                        and public entities not funded under this Act, 
                        including--</DELETED>
                                <DELETED>    ``(I) requests for 
                                information on effective approaches to 
                                Federal-State coordination of programs 
                                for individuals with disabilities, 
                                related to improving funding for or 
                                access to assistive technology devices 
                                and assistive technology services for 
                                individuals with disabilities of all 
                                ages;</DELETED>
                                <DELETED>    ``(II) requests for state-
                                of-the-art, or model, Federal, State, 
                                and local laws, regulations, policies, 
                                practices, procedures, and 
                                organizational structures, that 
                                facilitate, and overcome barriers to, 
                                funding for, and access to, assistive 
                                technology devices and assistive 
                                technology services;</DELETED>
                                <DELETED>    ``(III) requests for 
                                information on 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 of all 
                                ages, and requests for assistance in 
                                developing corrective action 
                                plans;</DELETED>
                                <DELETED>    ``(IV) requests for 
                                examples of policies, practices, 
                                procedures, regulations, or judicial 
                                decisions that have enhanced or may 
                                enhance access to and acquisition of 
                                assistive technology devices and 
                                assistive technology services for 
                                individuals with 
                                disabilities;</DELETED>
                                <DELETED>    ``(V) requests for 
                                information on effective approaches to 
                                the development of consumer-controlled 
                                systems that increase access to, 
                                funding for, and awareness of, 
                                assistive technology devices and 
                                assistive technology services; 
                                and</DELETED>
                                <DELETED>    ``(VI) other requests for 
                                training and technical assistance from 
                                entities funded under this 
                                Act;</DELETED>
                        <DELETED>    ``(ii) in the case of a program 
                        that will serve States receiving grants under 
                        section 4--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) provides State-
                                specific, regional, and national 
                                training and technical assistance 
                                concerning assistive technology to 
                                entities funded under this Act, other 
                                entities funded under this Act, and 
                                public and private entities not funded 
                                under this Act, including--</DELETED>
                                        <DELETED>    ``(aa) annually 
                                        providing a forum for 
                                        exchanging information 
                                        concerning, and promoting 
                                        program and policy improvements 
                                        in, required activities of the 
                                        State assistive technology 
                                        programs;</DELETED>
                                        <DELETED>    ``(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/video broadcasts, 
                                        on emerging topics that affect 
                                        State assistive technology 
                                        programs;</DELETED>
                                        <DELETED>    ``(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;</DELETED>
                                        <DELETED>    ``(dd) sharing 
                                        best practice and evidence-
                                        based practices among State 
                                        assistive technology 
                                        programs;</DELETED>
                                        <DELETED>    ``(ee) maintaining 
                                        an accessible website that 
                                        includes links to State 
                                        assistive technology programs, 
                                        appropriate Federal departments 
                                        and agencies, and private 
                                        associations;</DELETED>
                                        <DELETED>    ``(ff) developing 
                                        a resource that connects 
                                        individuals from a State with 
                                        the State assistive technology 
                                        program in their 
                                        State;</DELETED>
                                        <DELETED>    ``(gg) providing 
                                        access to experts in the areas 
                                        of assistive technology device 
                                        loan and demonstration, 
                                        assistive technology device 
                                        reuse, State financing, 
                                        banking, microlending, and 
                                        finance, for entities funded 
                                        under this Act, 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</DELETED>
                                        <DELETED>    ``(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; 
                                        and</DELETED>
                        <DELETED>    ``(iii) includes such other 
                        activities as the Secretary may 
                        require.</DELETED>
                <DELETED>    ``(B) Collaboration.--In developing and 
                providing training and technical assistance under this 
                paragraph, a qualified training and technical 
                assistance provider or qualified protection and 
                advocacy system technical assistance provider shall--
                </DELETED>
                        <DELETED>    ``(i) collaborate with--</DELETED>
                                <DELETED>    ``(I) organizations 
                                representing individuals with 
                                disabilities;</DELETED>
                                <DELETED>    ``(II) national 
                                organizations representing State 
                                assistive technology 
                                programs;</DELETED>
                                <DELETED>    ``(III) organizations 
                                representing State officials and 
                                agencies engaged in the delivery of 
                                assistive technology;</DELETED>
                                <DELETED>    ``(IV) other qualified 
                                data collection and reporting entities 
                                and technical assistance 
                                providers;</DELETED>
                                <DELETED>    ``(V) providers of State 
                                financing activities, including 
                                alternative financing programs for 
                                assistive technology;</DELETED>
                                <DELETED>    ``(VI) providers of device 
                                loans, device demonstrations, and 
                                device reutilization; and</DELETED>
                                <DELETED>    ``(VII) any other 
                                organizations determined appropriate by 
                                the provider or the Secretary; 
                                and</DELETED>
                        <DELETED>    ``(ii) in the case of a qualified 
                        training and technical assistance provider, 
                        include activities identified as priorities by 
                        State advisory councils and lead agencies and 
                        implementing entities for grants under section 
                        4.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) focus on quantitative and 
                qualitative data elements;</DELETED>
                <DELETED>    ``(B) help measure the accrued benefits of 
                the activities to individuals who need assistive 
                technology; and</DELETED>
                <DELETED>    ``(C) in the case of systems that will 
                serve States receiving grants under section 4--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) provide States with the 
                        necessary information required under this Act 
                        or by the Secretary for reports described in 
                        section 4(f)(2).</DELETED>

<DELETED>``SEC. 7. PROJECTS OF NATIONAL SIGNIFICANCE.</DELETED>

<DELETED>    ``(a) Definition of Project of National Significance.--In 
this section, the term `project of national significance'--</DELETED>
        <DELETED>    ``(1) means a project that--</DELETED>
                <DELETED>    ``(A) increases access to, and acquisition 
                of, assistive technology; and</DELETED>
                <DELETED>    ``(B) creates opportunities for 
                individuals with a spectrum of ability to directly and 
                fully contribute to, and participate in, all facets of 
                education, employment, community living, and 
                recreational activities; and</DELETED>
        <DELETED>    ``(2) may--</DELETED>
                <DELETED>    ``(A) build partnerships between State 
                Medicaid agencies and recipients of grants under 
                section 4 to reutilize durable medical 
                equipment;</DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(D) provide aid to transition youth who 
                are individuals with disabilities from school to adult 
                life, including youth with intellectual and 
                developmental disabilities, especially in--</DELETED>
                        <DELETED>    ``(i) finding employment and 
                        postsecondary education opportunities; 
                        and</DELETED>
                        <DELETED>    ``(ii) upgrading and changing any 
                        assistive technology devices that may be needed 
                        as a youth matures;</DELETED>
                <DELETED>    ``(E) increase access to and acquisition 
                of assistive technology addressing the needs of aging 
                individuals and aging caregivers in the 
                community;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(H) increase awareness of and access to 
                other federally funded disability programs, or increase 
                knowledge of assistive technology, as determined 
                appropriate by the Secretary.</DELETED>
<DELETED>    ``(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 nonprofit entities to 
enable the entities to carry out projects of national 
significance.</DELETED>
<DELETED>    ``(c) Application.--A public or private nonprofit entity 
desiring 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.</DELETED>
<DELETED>    ``(d) Award Basis.--</DELETED>
        <DELETED>    ``(1) Priority.--In awarding grants under this 
        section, the Secretary shall give priority to a public or 
        private nonprofit entity funded under section 4 or 5 for the 
        most recent award period.</DELETED>
        <DELETED>    ``(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) or another category 
        identified by the Secretary, if the Secretary determines that 
        there is reason to prioritize that category of 
        project.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 8. ADMINISTRATIVE PROVISIONS.</DELETED>

<DELETED>    ``(a) General Administration.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Administration.--</DELETED>
                <DELETED>    ``(A) In general.--In administering this 
                Act, the Administrator of the Administration for 
                Community Living shall ensure that programs funded 
                under this Act will equitably address--</DELETED>
                        <DELETED>    ``(i) the needs of individuals 
                        with all types of disabilities and across the 
                        age span; and</DELETED>
                        <DELETED>    ``(ii) the use of assistive 
                        technology in all potential environments, 
                        including employment, education, and community 
                        living, or for other reasons.</DELETED>
                <DELETED>    ``(B) Funding limitation.--For each fiscal 
                year, not more than one-half of one 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.</DELETED>
<DELETED>    ``(b) Review of Participating Entities.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(c) Corrective Action and Sanctions.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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 one of 
        the following corrective actions selected by the 
        Secretary:</DELETED>
                <DELETED>    ``(A) Partial or complete termination of 
                funding under the grant program, until the entity 
                develops and complies with such a plan.</DELETED>
                <DELETED>    ``(B) Ineligibility to participate in the 
                grant program in the following year.</DELETED>
                <DELETED>    ``(C) Reduction in the amount of funding 
                that may be used for indirect costs under section 4 for 
                the following year.</DELETED>
                <DELETED>    ``(D) Required redesignation of the lead 
                agency designated under section 4(c)(1) or an entity 
                responsible for administering the grant 
                program.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Public notification.--The Secretary shall 
        notify the public, by posting on the internet website of the 
        Department of Health and Human Services, 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.</DELETED>
<DELETED>    ``(d) Annual Report to Congress.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than December 31 of 
        each year, the Secretary shall prepare, and submit to the 
        President and to the Committee on Education and Labor of the 
        House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate, a report on the 
        activities funded under this Act to improve the access of 
        individuals with disabilities to assistive technology devices 
        and assistive technology services.</DELETED>
        <DELETED>    ``(2) Contents.--Such report shall include--
        </DELETED>
                <DELETED>    ``(A) a compilation and summary of the 
                information provided by the States in annual progress 
                reports submitted under section 4(f); and</DELETED>
                <DELETED>    ``(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).</DELETED>
<DELETED>    ``(e) Construction.--Nothing in this section shall be 
construed to affect the enforcement authority of the Secretary, another 
Federal officer, or a court under part D of the General Education 
Provisions Act (20 U.S.C. 1234 et seq.) or other applicable 
law.</DELETED>
<DELETED>    ``(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.</DELETED>

<DELETED>``SEC. 9. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS AND 
              DISTRIBUTION OF FUNDS.</DELETED>

<DELETED>    ``(a) In General.--There are authorized to be appropriated 
to carry out this Act--</DELETED>
        <DELETED>    ``(1) $60,000,000 for fiscal year 2022; 
        and</DELETED>
        <DELETED>    ``(2) such sums as may be necessary for each of 
        fiscal years 2023 through 2026.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) reserve an amount equal to 2 percent of such 
        available funds to carry out section 6(b)(1), of which--
        </DELETED>
                <DELETED>    ``(A) an amount equal to 88.5 percent of 
                the reservation shall be used for a grant, contract, or 
                cooperative agreement described in section 6(b)(1)(A); 
                and</DELETED>
                <DELETED>    ``(B) an amount equal to 14.5 percent of 
                the reservation shall be used for a grant, contract, or 
                cooperative agreement described in section 
                6(b)(1)(B);</DELETED>
        <DELETED>    ``(2) reserve an amount equal to 1 percent of such 
        available funds appropriated to carry out section 6(b)(2); 
        and</DELETED>
        <DELETED>    ``(3) of the amounts remaining after the 
        reservations under paragraphs (1) and (2)--</DELETED>
                <DELETED>    ``(A) use 85.5 percent of such amounts to 
                carry out section 4; and</DELETED>
                <DELETED>    ``(B) use 14.5 percent of such amounts to 
                carry out section 5.</DELETED>
<DELETED>    ``(c) Limit for Projects of National Significance.--In any 
fiscal year for which the amount made available under subsection (a) 
exceeds $49,000,000, the Secretary may reserve an amount, which shall 
not exceed the lesser of the excess amount made available or 
$2,000,000, for section 7 before carrying out subsection 
(b).''.</DELETED>

<DELETED>SEC. 3. EFFECTIVE DATE.</DELETED>

<DELETED>    This Act, and the amendments made by this Act, shall take 
effect on the day that is six months after the date of enactment of 
this Act.</DELETED>

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:

``SECTION 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 through 
        comprehensive statewide programs of technology-related 
        assistance, for individuals with disabilities of all ages, that 
        are designed to--
                    ``(A) increase the availability of, funding for, 
                access to, provision of, and training about assistive 
                technology devices and assistive technology services;
                    ``(B) increase the ability of individuals with 
                disabilities of all ages 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 of 
                all ages;
                    ``(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 State 
                agencies, between State and local agencies, among local 
                agencies, 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 services, 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 and appropriate 
                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) training 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) training 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 
                        (including individuals from underrepresented 
                        populations and rural populations) 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 of any age, race, or 
        ethnicity--
                    ``(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 
        of the Administration for 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, 
                the Commonwealth of 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 of all ages and 
                their family members, guardians, advocates, and 
                authorized representatives;
                    ``(B) underrepresented populations, including the 
                aging workforce;
                    ``(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 at all levels (including providers 
                of early intervention services, elementary schools, 
                secondary schools, community colleges, and vocational 
                and other institutions of higher education) and related 
                services personnel;
                    ``(E) technology experts (including web designers 
                and procurement officials);
                    ``(F) health, allied health, and rehabilitation 
                professionals 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 a comprehensive statewide 
continuum of integrated assistive technology activities described in 
subsection (e) through State assistive technology programs that are 
designed--
            ``(1) to 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) to 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.--Amounts made available for a 
        fiscal year under this section shall be available for the 
        fiscal year and the year following the 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 culturally 
                                competent efforts 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 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 Assistive Technology 
                        Act of 2004 (Public Law 108-364; 118 Stat. 
                        1707).
            ``(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 of, 
                implementation of, 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--
                                    ``(I) individuals with disabilities 
                                who use assistive technology, including 
                                older individuals, 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) and the 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;
                                    ``(III) 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);
                                    ``(IV) a representative of the 
                                State workforce development board 
                                established under section 101 of the 
                                Workforce Innovation and Opportunity 
                                Act (29 U.S.C. 3111);
                                    ``(V) 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);
                                    ``(VI) a representative of an 
                                alternative financing program for 
                                assistive technology if--
                                            ``(aa) there is an 
                                        alternative financing program 
                                        for assistive technology in the 
                                        State;
                                            ``(bb) such program is 
                                        separate from the State 
                                        assistive technology program 
                                        supported under subsection 
                                        (e)(2); and
                                            ``(cc) the program 
                                        described in item (aa) is 
                                        operated by a nonprofit entity;
                                    ``(VII) representatives of other 
                                State agencies, public agencies, or 
                                private organizations, as determined by 
                                the State; and
                                    ``(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).
                            ``(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 (VIII) 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, types of 
                        disabilities across the age span, and users of 
                        types of services that an individual with a 
                        disability may receive.
                    ``(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 why the agency designated 
                        as the lead agency should not serve as that 
                        agency; 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 why the entity 
                        designated as the implementing entity should 
                        not serve as that entity.
            ``(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, 
                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 tele-assistive technology 
                        to aid in the access of health care services, 
                        including mental health and substance use 
                        disorder;
                            ``(iv) accessible information and 
                        communication technology training; and
                            ``(v) community living;
                    ``(D) information describing how the State will 
                quantifiably measure the goals to determine whether the 
                goals have been achieved in a manner consistent with 
                the data submitted through the progress reports under 
                subsection (f); and
                    ``(E) a description of any activities described in 
                subsection (e) that the State will support with State 
                or 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 
                collaborators 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 (29 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) if, in that State--
                            ``(i) financial support is provided from 
                        State or other non-Federal resources or 
                        entities for that category of activities; and
                            ``(ii) the amount of the financial support 
                        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 that 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) Training 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 training 
                        materials, conduct training, and provide 
                        technical assistance, for individuals from 
                        local settings 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 training on 
                                the benefits of assistive technology 
                                and the Federal, State, and private 
                                funding sources available to assist 
                                targeted individuals, especially older 
                                individuals and transition-age youth 
                                with disabilities, and entities in 
                                acquiring assistive technology;
                                    ``(II) skills-development training 
                                in assessing the need for assistive 
                                technology devices and assistive 
                                technology services;
                                    ``(III) training 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) training in the importance 
                                of multiple approaches to assessment 
                                and implementation necessary to meet 
                                the individualized needs of individuals 
                                with disabilities and older 
                                individuals; and
                                    ``(V) technical training 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 training materials, conduct 
                        training, 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, including 
                        older individuals and transition-age youth with 
                        disabilities, 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, 
                                or elementary and secondary public 
                                schools;
                                    ``(II) the development and 
                                dissemination to targeted individuals, 
                                including older individuals and 
                                transition-age youth with disabilities, 
                                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, 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 (such as nonprofit) 
                                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 of all ages 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 
                individuals with disabilities, service providers, and 
                others to improve access to assistive technology 
                devices and assistive technology services for 
                individuals with disabilities of all ages in the State.
            ``(4) 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) 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 
                provide the maximum 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.
            ``(6) 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.
            ``(7) 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 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 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 individuals with disabilities 
                        who have benefited from the device loan 
                        program;
                            ``(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 that 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 training 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 venders) and the 
                        topics of such training; and
                            ``(II) to the extent practicable, the 
                        geographic distribution of individuals who 
                        participated in the training;
                            ``(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) with high 
                        impact;
                            ``(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.), as determined 
        by the Secretary.
    ``(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)(2)(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)(2)(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 until 
                expended 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 such information as the Secretary may require, 
including 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) developing and implementing strategies to enhance the 
        long-term abilities of individuals with disabilities and their 
        family members, guardians, advocates, and authorized 
        representatives to advocate the provision of assistive 
        technology devices and assistive technology services to which 
        the individuals with disabilities are entitled under law other 
        than this Act;
            ``(5) 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
            ``(6) 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 training and technical assistance; and
                    ``(B) assist such recipients with data collection 
                and data requirements.
            ``(2) Qualified protection and advocacy system technical 
        assistance provider.--The term `qualified protection and 
        advocacy system technical assistance provider' means an entity 
        that has experience in--
                    ``(A) working with protection and advocacy systems 
                established in accordance with section 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 training and technical assistance 
        provider.--The term `qualified training and technical 
        assistance provider' means an entity with demonstrated 
        expertise in assistive technology and that has (directly or 
        through grant or contract)--
                    ``(A) experience and expertise in administering 
                programs, including developing, implementing, and 
                administering all of the activities described in 
                section 4(e); and
                    ``(B) documented experience in and knowledge 
                about--
                            ``(i) assistive technology device loan and 
                        demonstration;
                            ``(ii) assistive technology device reuse;
                            ``(iii) financial loans and microlending, 
                        including the activities of alternative 
                        financing programs for assistive technology; 
                        and
                            ``(iv) State leadership activities.
    ``(b) Technical Assistance and Data Collection Support 
Authorized.--
            ``(1) Support for assistive technology training 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 training and 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, in such manner, and containing such information as the 
        Secretary may require.
            ``(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 training and 
        technical assistance.--
                    ``(A) Training and technical assistance efforts.--A 
                qualified training and 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 training and 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) requests for information on 
                                effective approaches to Federal-State 
                                coordination of programs for 
                                individuals with disabilities related 
                                to improving funding for or access to 
                                assistive technology devices and 
                                assistive technology services for 
                                individuals with disabilities of all 
                                ages;
                                    ``(II) requests for state-of-the-
                                art, or model, Federal, State, and 
                                local laws, regulations, policies, 
                                practices, procedures, and 
                                organizational structures, that 
                                facilitate, and overcome barriers to, 
                                funding for, and access to, assistive 
                                technology devices and assistive 
                                technology services;
                                    ``(III) requests for information on 
                                effective approaches to developing, 
                                implementing, evaluating, and 
                                sustaining activities described in 
                                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 of all 
                                ages, and requests for assistance in 
                                developing corrective action plans;
                                    ``(IV) requests for examples of 
                                policies, practices, procedures, 
                                regulations, or judicial decisions that 
                                have enhanced or may enhance access to 
                                and acquisition of assistive technology 
                                devices and assistive technology 
                                services for individuals with 
                                disabilities;
                                    ``(V) requests for information on 
                                effective approaches to the development 
                                of consumer-controlled systems that 
                                increase access to, funding for, and 
                                awareness of, assistive technology 
                                devices and assistive technology 
                                services; and
                                    ``(VI) other requests for training 
                                and technical assistance from entities 
                                funded under this Act;
                            ``(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 training and 
                                technical assistance concerning 
                                assistive technology to entities funded 
                                under this Act, other 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 State assistive 
                                        technology programs;
                                            ``(ee) maintaining an 
                                        accessible website that 
                                        includes links to State 
                                        assistive technology programs, 
                                        appropriate Federal departments 
                                        and agencies, and private 
                                        associations;
                                            ``(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 areas of 
                                        assistive technology device 
                                        loan and demonstration, 
                                        assistive technology device 
                                        reuse, State financing, 
                                        banking, microlending, and 
                                        finance, for entities funded 
                                        under this Act, 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; 
                                        and
                            ``(iii) includes such other activities as 
                        the Secretary may require.
                    ``(B) Collaboration.--In developing and providing 
                training and technical assistance under this paragraph, 
                a qualified training and technical assistance provider 
                or qualified protection and advocacy system technical 
                assistance provider shall--
                            ``(i) collaborate with--
                                    ``(I) organizations representing 
                                individuals with disabilities;
                                    ``(II) national organizations 
                                representing State assistive technology 
                                programs;
                                    ``(III) organizations representing 
                                State officials and agencies engaged in 
                                the delivery of assistive technology;
                                    ``(IV) other qualified data 
                                collection and reporting entities and 
                                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 training 
                        and 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 accrued benefits of the 
                activities to individuals who need assistive 
                technology; and
                    ``(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).

``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 
                (including youth with intellectual and developmental 
                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, as determined 
                appropriate by the Secretary.
    ``(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 nonprofit entities to enable the 
entities to carry out projects of national significance.
    ``(c) Application.--A public or private nonprofit entity desiring 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.
    ``(d) Award Basis.--
            ``(1) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to a public or private nonprofit 
        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) or another category 
        identified by the Secretary, if the Secretary determines that 
        there is a reason to prioritize that category of project.
    ``(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 lifespan; 
                        and
                            ``(ii) the use of assistive technology in 
                        all potential environments, including 
                        employment, education, and community living, or 
                        for other reasons.
                    ``(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 year.
                    ``(C) Reduction in the amount of funding that may 
                be used for indirect costs under section 4 for the 
                following 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.--The Secretary shall notify the 
        public, by posting on the internet website of the Department of 
        Health and Human Services, 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 and to 
        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 part D of the General Education Provisions 
Act (20 U.S.C. 1234 et seq.) or 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) $60,000,000 for fiscal year 2022; and
            ``(2) such sums as may be necessary for each of fiscal 
        years 2023 through 2026.
    ``(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 section 6(b)(1) and section 
        6(b)(2); 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.--In any fiscal 
year for which the amount made available under subsection (a) exceeds 
$49,000,000 the Secretary may reserve an amount, which shall not exceed 
the lesser of the excess amount made available or $2,000,000, for 
section 7 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.
                                                       Calendar No. 121

117th CONGRESS

  1st Session

                                S. 2401

_______________________________________________________________________

                                 A BILL

  To reauthorize the Assistive Technology Act of 1998, and for other 
                               purposes.

_______________________________________________________________________

                             August 7, 2021

                       Reported with an amendment