[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5314-S5321]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5838. Mrs. MURRAY (for herself and Mr. Burr) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

            TITLE __--21ST CENTURY ASSISTIVE TECHNOLOGY ACT

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``21st Century Assistive 
     Technology Act''.

     SEC. _02. 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;

[[Page S5315]]

       ``(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 2022.
       ``(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;

[[Page S5316]]

     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

[[Page S5317]]

     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.--

[[Page S5318]]

       ``(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

[[Page S5319]]

     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

[[Page S5320]]

     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.--

[[Page S5321]]

       ``(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 2023; and
       ``(2) such sums as may be necessary for each of fiscal 
     years 2024 through 2027.
       ``(b) Reservations and Distribution of Funds.--Of the funds 
     made available under subsection (a) to carry out this Act and 
     subject to subsection (c), the Secretary shall--
       ``(1) reserve an amount equal to 3 percent of such 
     available funds to carry out 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. _03. EFFECTIVE DATE.

       This title, and the amendments made by this title, shall 
     take effect on the day that is 6 months after the date of 
     enactment of this Act.
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