[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.--
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``(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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