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H.R. 9028, 21st Century Assistive Technology Act

Summary

House bill H.R. 9028 of the 117th Congress, 2D Session, was introduced September 29, 2022, to reauthorize the Assistive Technology Act of 1998, and for other purposes. DeSaulnier introduced it for himself and Sempolinski, and it was referred to the Committee on Education and Labor. Section 1 gives the short title, the 21st Century Assistive Technology Act. Section 2 amends the Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) to read as follows, with a table of contents covering purposes, definitions, grants for State assistive technology programs, and grants for protection and advocacy services.

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Issuer
Congressional materials
Document type
Bills Bills 117Hr9028Ih Bills 117Hr9028Ih
Case
Bills Bills 117Hr9028Ih Bills 117Hr9028Ih

Cite this document

“H.R. 9028, 21st Century Assistive Technology Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr9028ih-bills-117hr9028ih/, SHA-256 8e30df782594e3f186ba08c687e4d99e2c25febdf27ead7554e8a3ce60ff17ff.

Full text

                                                                                                                                                                         I




                                                                      117TH CONGRESS
                                                                         2D SESSION
                                                                                                            H. R. 9028
                                                                       To reauthorize the Assistive Technology Act of 1998, and for other purposes.




                                                                                    IN THE HOUSE OF REPRESENTATIVES
                                                                                                    SEPTEMBER 29, 2022
                                                                            Mr. DESAULNIER (for himself and Mr. SEMPOLINSKI) introduced the
                                                                        following bill; which was referred to the Committee on Education and Labor




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

                                                                        1               Be it enacted by the Senate and House of Representa-
                                                                        2 tives of the United States of America in Congress assembled,
                                                                        3     SECTION 1. SHORT TITLE.

                                                                        4               This Act may be cited as the ‘‘21st Century Assistive
                                                                        5 Technology Act’’.
                                                                        6     SEC. 2. REAUTHORIZATION.

                                                                        7               The Assistive Technology Act of 1998 (29 U.S.C.
                                                                        8 3001 et seq.) is amended to read as follows:
                                                                        9     ‘‘SEC. 1. SHORT TITLE; TABLE OF CONTENTS.




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                                                                      10                ‘‘(a) SHORT TITLE.—This Act may be cited as the
                                                                      11 ‘Assistive Technology Act of 1998’.


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                                                                        1               ‘‘(b) TABLE OF CONTENTS.—The table of contents
                                                                        2 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 tech-
                                                                                                nology.
                                                                              ‘‘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.

                                                                        3     ‘‘SEC. 2. PURPOSES.

                                                                        4               ‘‘The purposes of this Act are—
                                                                        5                        ‘‘(1) to support State efforts to improve the
                                                                        6               provision of assistive technology to individuals with
                                                                        7               disabilities of all ages, including older individuals,
                                                                        8               through comprehensive statewide programs of tech-
                                                                        9               nology-related assistance that are designed to—
                                                                      10                                  ‘‘(A) increase the availability of, funding
                                                                      11                         for, access to, provision of, and education about
                                                                      12                         assistive technology devices and assistive tech-
                                                                      13                         nology services;
                                                                      14                                  ‘‘(B) increase the ability of individuals
                                                                      15                         with disabilities to secure and maintain posses-
                                                                      16                         sion of assistive technology devices as such indi-
                                                                      17                         viduals make the transition between services of-
                                                                      18                         fered by educational or human service agencies
                                                                      19                         or between settings of daily living (for example,



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                                                                      20                         between home and work);


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                                                                        1                                 ‘‘(C) increase the capacity of public agen-
                                                                        2                        cies and private entities to provide and pay for
                                                                        3                        assistive technology devices and assistive tech-
                                                                        4                        nology services on a statewide basis for individ-
                                                                        5                        uals with disabilities;
                                                                        6                                 ‘‘(D) increase the involvement of individ-
                                                                        7                        uals with disabilities and, if appropriate, their
                                                                        8                        family members, guardians, advocates, and au-
                                                                        9                        thorized representatives, in decisions related to
                                                                      10                         the provision of assistive technology devices and
                                                                      11                         assistive technology services;
                                                                      12                                  ‘‘(E) increase and promote coordination
                                                                      13                         among and between State and local agencies
                                                                      14                         and private entities (such as managed care pro-
                                                                      15                         viders), that are involved or are eligible to be
                                                                      16                         involved in carrying out activities under this
                                                                      17                         Act;
                                                                      18                                  ‘‘(F) increase the awareness and facilitate
                                                                      19                         the change of laws, regulations, policies, prac-
                                                                      20                         tices, procedures, and organizational structures
                                                                      21                         that facilitate the availability or provision of as-
                                                                      22                         sistive technology devices and assistive tech-
                                                                      23                         nology services; and
                                                                      24                                  ‘‘(G) increase awareness and knowledge of



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                                                                      25                         the benefits of assistive technology devices and


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                                                                        1                        assistive technology services among targeted in-
                                                                        2                        dividuals and entities and the general popu-
                                                                        3                        lation; and
                                                                        4                        ‘‘(2) to provide States and protection and advo-
                                                                        5               cacy systems with financial assistance that supports
                                                                        6               programs designed to maximize the ability of indi-
                                                                        7               viduals with disabilities and their family members,
                                                                        8               guardians, advocates, and authorized representatives
                                                                        9               to obtain assistive technology devices and assistive
                                                                      10                technology services.
                                                                      11      ‘‘SEC. 3. DEFINITIONS.

                                                                      12                ‘‘In this Act:
                                                                      13                         ‘‘(1) ADULT                SERVICE             PROGRAM.—The             term
                                                                      14                ‘adult service program’ means a program that pro-
                                                                      15                vides services to, or is otherwise substantially in-
                                                                      16                volved with the major life functions of, individuals
                                                                      17                with disabilities. Such term includes—
                                                                      18                                  ‘‘(A) a program providing residential, sup-
                                                                      19                         portive, or employment-related services, to indi-
                                                                      20                         viduals with disabilities;
                                                                      21                                  ‘‘(B) a program carried out by a center for
                                                                      22                         independent living, such as a center described
                                                                      23                         in part C of title VII of the Rehabilitation Act
                                                                      24                         of 1973 (29 U.S.C. 796f et seq.);



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                                                                        1                                 ‘‘(C) a program carried out by an employ-
                                                                        2                        ment support agency connected to adult voca-
                                                                        3                        tional rehabilitation, such as a one-stop partner,
                                                                        4                        as defined in section 3 of the Workforce Inno-
                                                                        5                        vation and Opportunity Act (29 U.S.C. 3102);
                                                                        6                        and
                                                                        7                                 ‘‘(D) a program carried out by another or-
                                                                        8                        ganization or vender licensed or registered by
                                                                        9                        the designated State agency, as defined in sec-
                                                                      10                         tion 7 of the Rehabilitation Act of 1973 (29
                                                                      11                         U.S.C. 705).
                                                                      12                         ‘‘(2) AMERICAN                      INDIAN          CONSORTIUM.—The

                                                                      13                term ‘American Indian consortium’ means an entity
                                                                      14                that is an American Indian Consortium (as defined
                                                                      15                in section 102 of the Developmental Disabilities As-
                                                                      16                sistance and Bill of Rights Act of 2000 (42 U.S.C.
                                                                      17                15002)), and that is established to provide protec-
                                                                      18                tion and advocacy services for purposes of receiving
                                                                      19                funding under subtitle C of title I of such Act (42
                                                                      20                U.S.C. 15041 et seq.).
                                                                      21                         ‘‘(3) ASSISTIVE TECHNOLOGY.—The term ‘as-
                                                                      22                sistive technology’ means technology designed to be
                                                                      23                utilized in an assistive technology device or assistive
                                                                      24                technology service.



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                                                                        1                        ‘‘(4) ASSISTIVE                     TECHNOLOGY                  DEVICE.—The

                                                                        2               term ‘assistive technology device’ means any item,
                                                                        3               piece of equipment, or product system, whether ac-
                                                                        4               quired commercially, modified, or customized, that is
                                                                        5               used to increase, maintain, or improve functional ca-
                                                                        6               pabilities of individuals with disabilities.
                                                                        7                        ‘‘(5) ASSISTIVE                     TECHNOLOGY SERVICE.—The

                                                                        8               term ‘assistive technology service’ means any service
                                                                        9               that directly assists an individual with a disability in
                                                                      10                the selection, acquisition, or use of an assistive tech-
                                                                      11                nology device. Such term includes—
                                                                      12                                  ‘‘(A) the evaluation of the assistive tech-
                                                                      13                         nology needs of an individual with a disability,
                                                                      14                         including a functional evaluation of the impact
                                                                      15                         of the provision of appropriate assistive tech-
                                                                      16                         nology devices and services to the individual in
                                                                      17                         the customary environment of the individual;
                                                                      18                                  ‘‘(B) a service consisting of purchasing,
                                                                      19                         leasing, or otherwise providing for the acquisi-
                                                                      20                         tion of assistive technology devices by individ-
                                                                      21                         uals with disabilities;
                                                                      22                                  ‘‘(C) a service consisting of selecting, de-
                                                                      23                         signing, fitting, customizing, adapting, apply-
                                                                      24                         ing, maintaining, repairing, replacing, or donat-



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                                                                      25                         ing assistive technology devices;


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                                                                        1                                 ‘‘(D) coordination and use of necessary
                                                                        2                        therapies, interventions, or services with assist-
                                                                        3                        ive technology devices, such as therapies, inter-
                                                                        4                        ventions, or services associated with education
                                                                        5                        and rehabilitation plans and programs;
                                                                        6                                 ‘‘(E) education or technical assistance for
                                                                        7                        an individual with a disability or, where appro-
                                                                        8                        priate, the family members, guardians, advo-
                                                                        9                        cates, or authorized representatives of such an
                                                                      10                         individual;
                                                                      11                                  ‘‘(F) education or technical assistance for
                                                                      12                         professionals (including individuals providing
                                                                      13                         education and rehabilitation services and enti-
                                                                      14                         ties that manufacture or sell assistive tech-
                                                                      15                         nology devices), employers, providers of employ-
                                                                      16                         ment and training services, or other individuals
                                                                      17                         who provide services to, employ, or are other-
                                                                      18                         wise substantially involved in the major life
                                                                      19                         functions of individuals with disabilities; and
                                                                      20                                  ‘‘(G) a service consisting of expanding the
                                                                      21                         availability of access to technology, including
                                                                      22                         electronic and information technology, to indi-
                                                                      23                         viduals with disabilities.




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                                                                        1                        ‘‘(6) CAPACITY BUILDING AND ADVOCACY AC-
                                                                        2               TIVITIES.—The                  term ‘capacity building and advo-
                                                                        3               cacy activities’ means efforts that—
                                                                        4                                 ‘‘(A) result in laws, regulations, policies,
                                                                        5                        practices, procedures, or organizational struc-
                                                                        6                        tures that promote consumer-responsive pro-
                                                                        7                        grams or entities; and
                                                                        8                                 ‘‘(B) facilitate and increase access to, pro-
                                                                        9                        vision of, and funding for assistive technology
                                                                      10                         devices and assistive technology services, in
                                                                      11                         order to empower individuals with disabilities to
                                                                      12                         achieve greater independence, productivity, and
                                                                      13                         integration and inclusion within the community
                                                                      14                         and the workforce.
                                                                      15                         ‘‘(7) COMPREHENSIVE STATEWIDE PROGRAM OF
                                                                      16                TECHNOLOGY-RELATED                              ASSISTANCE.—The                  term
                                                                      17                ‘comprehensive statewide program of technology-re-
                                                                      18                lated assistance’ means a consumer-responsive pro-
                                                                      19                gram of technology-related assistance for individuals
                                                                      20                with disabilities that—
                                                                      21                                  ‘‘(A) is implemented by a State;
                                                                      22                                  ‘‘(B) is equally available to all individuals
                                                                      23                         with disabilities residing in the State, regardless
                                                                      24                         of their type of disability, age, income level, or



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                                                                      25                         location of residence in the State, or the type


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                                                                        1                        of assistive technology device or assistive tech-
                                                                        2                        nology service required; and
                                                                        3                                 ‘‘(C) incorporates all the activities de-
                                                                        4                        scribed in section 4(e) (unless excluded pursu-
                                                                        5                        ant to section 4(e)(6)).
                                                                        6                        ‘‘(8) CONSUMER-RESPONSIVE.—The term ‘con-
                                                                        7               sumer-responsive’—
                                                                        8                                 ‘‘(A) with regard to policies, means that
                                                                        9                        the policies are consistent with the principles
                                                                      10                         of—
                                                                      11                                           ‘‘(i) respect for individual dignity, per-
                                                                      12                                  sonal responsibility, self-determination, and
                                                                      13                                  pursuit of meaningful careers, based on in-
                                                                      14                                  formed choice, of individuals with disabil-
                                                                      15                                  ities;
                                                                      16                                           ‘‘(ii) respect for the privacy, rights,
                                                                      17                                  and equal access (including the use of ac-
                                                                      18                                  cessible formats) of such individuals;
                                                                      19                                           ‘‘(iii) inclusion, integration, and full
                                                                      20                                  participation of such individuals in society;
                                                                      21                                           ‘‘(iv) support for the involvement in
                                                                      22                                  decisions of a family member, a guardian,
                                                                      23                                  an advocate, or an authorized representa-
                                                                      24                                  tive, if an individual with a disability re-



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                                                                        1                                 quests, desires, or needs such involvement;
                                                                        2                                 and
                                                                        3                                         ‘‘(v) support for individual and sys-
                                                                        4                                 tems advocacy and community involve-
                                                                        5                                 ment; and
                                                                        6                                 ‘‘(B) with respect to an entity, program, or
                                                                        7                        activity, means that the entity, program, or ac-
                                                                        8                        tivity—
                                                                        9                                         ‘‘(i) is easily accessible to, and usable
                                                                      10                                  by, individuals with disabilities and, when
                                                                      11                                  appropriate, their family members, guard-
                                                                      12                                  ians, advocates, or authorized representa-
                                                                      13                                  tives;
                                                                      14                                          ‘‘(ii) responds to the needs of individ-
                                                                      15                                  uals with disabilities in a timely and appro-
                                                                      16                                  priate manner; and
                                                                      17                                          ‘‘(iii) facilitates the full and meaning-
                                                                      18                                  ful participation of individuals with disabil-
                                                                      19                                  ities and their family members, guardians,
                                                                      20                                  advocates, and authorized representatives,
                                                                      21                                  in—
                                                                      22                                                   ‘‘(I) decisions relating to the pro-
                                                                      23                                          vision of assistive technology devices
                                                                      24                                          and assistive technology services to



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                                                                      25                                          such individuals; and


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                                                                        1                                                  ‘‘(II) decisions related to the
                                                                        2                                         maintenance, improvement, and eval-
                                                                        3                                         uation of the comprehensive statewide
                                                                        4                                         program of technology-related assist-
                                                                        5                                         ance, including decisions that affect
                                                                        6                                         capacity building and advocacy activi-
                                                                        7                                         ties.
                                                                        8                        ‘‘(9) DISABILITY.—The term ‘disability’ has the
                                                                        9               meaning given the term under section 3 of the
                                                                      10                Americans with Disabilities Act of 1990 (42 U.S.C.
                                                                      11                12102).
                                                                      12                         ‘‘(10) INDIVIDUAL WITH A DISABILITY.—The
                                                                      13                term ‘individual with a disability’ means any indi-
                                                                      14                vidual—
                                                                      15                                  ‘‘(A) who has a disability; and
                                                                      16                                  ‘‘(B) who is or would be enabled by an as-
                                                                      17                         sistive technology device or an assistive tech-
                                                                      18                         nology service to minimize deterioration in func-
                                                                      19                         tioning, to maintain a level of functioning, or to
                                                                      20                         achieve a greater level of functioning in any
                                                                      21                         major life activity.
                                                                      22                         ‘‘(11) INSTITUTION OF HIGHER EDUCATION.—
                                                                      23                The term ‘institution of higher education’ has the
                                                                      24                meaning given such term in section 101(a) of the



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                                                                      25                Higher Education Act of 1965 (20 U.S.C. 1001(a)),


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                                                                        1               and includes a community college receiving funding
                                                                        2               under the Tribally Controlled Colleges and Univer-
                                                                        3               sities Assistance Act of 1978 (25 U.S.C. 1801 et
                                                                        4               seq.).
                                                                        5                        ‘‘(12)        PROTECTION                    AND       ADVOCACY           SERV-

                                                                        6               ICES.—The term ‘protection and advocacy services’

                                                                        7               means services that—
                                                                        8                                 ‘‘(A) are described in subtitle C of title I
                                                                        9                        of the Developmental Disabilities Assistance
                                                                      10                         and Bill of Rights Act of 2000 (42 U.S.C.
                                                                      11                         15041 et seq.), the Protection and Advocacy for
                                                                      12                         Individuals with Mental Illness Act (42 U.S.C.
                                                                      13                         10801 et seq.), or section 509 of the Rehabilita-
                                                                      14                         tion Act of 1973 (29 U.S.C. 794e); and
                                                                      15                                  ‘‘(B) assist individuals with disabilities
                                                                      16                         with respect to assistive technology devices and
                                                                      17                         assistive technology services.
                                                                      18                         ‘‘(13)         SECRETARY.—The                          term         ‘Secretary’
                                                                      19                means the Secretary of Health and Human Services,
                                                                      20                acting through the Administrator on Community
                                                                      21                Living.
                                                                      22                         ‘‘(14) STATE.—
                                                                      23                                  ‘‘(A) IN GENERAL.—Except as provided in
                                                                      24                         subparagraph (B), the term ‘State’ means each



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                                                                      25                         of the 50 States of the United States, the Dis-


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                                                                        1                        trict of Columbia, Puerto Rico, the United
                                                                        2                        States Virgin Islands, Guam, American Samoa,
                                                                        3                        and the Commonwealth of the Northern Mar-
                                                                        4                        iana Islands.
                                                                        5                                 ‘‘(B) OUTLYING AREAS.—In section 4(b):
                                                                        6                                         ‘‘(i) OUTLYING AREA.—The term ‘out-
                                                                        7                                 lying area’ means the United States Virgin
                                                                        8                                 Islands, Guam, American Samoa, and the
                                                                        9                                 Commonwealth of the Northern Mariana
                                                                      10                                  Islands.
                                                                      11                                          ‘‘(ii) STATE.—The term ‘State’ does
                                                                      12                                  not include the United States Virgin Is-
                                                                      13                                  lands, Guam, American Samoa, and the
                                                                      14                                  Commonwealth of the Northern Mariana
                                                                      15                                  Islands.
                                                                      16                         ‘‘(15) STATE                    ASSISTIVE            TECHNOLOGY          PRO-

                                                                      17                GRAM.—The                term ‘State assistive technology pro-
                                                                      18                gram’ means a program authorized under section 4.
                                                                      19                         ‘‘(16) TARGETED                        INDIVIDUALS                 AND   ENTI-

                                                                      20                TIES.—The term ‘targeted individuals and entities’

                                                                      21                means—
                                                                      22                                  ‘‘(A) individuals with disabilities and their
                                                                      23                         family members, guardians, advocates, and au-
                                                                      24                         thorized representatives;



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                                                                      25                                  ‘‘(B) underrepresented populations;


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                                                                        1                                 ‘‘(C) individuals who work for public or
                                                                        2                        private entities (including centers for inde-
                                                                        3                        pendent living described in part C of title VII
                                                                        4                        of the Rehabilitation Act of 1973 (29 U.S.C.
                                                                        5                        796f et seq.), insurers, or managed care pro-
                                                                        6                        viders) that have contact with, or provide serv-
                                                                        7                        ices to, individuals with disabilities;
                                                                        8                                 ‘‘(D) educators and related services per-
                                                                        9                        sonnel, including individuals who are providing
                                                                      10                         early intervention services, to elementary, sec-
                                                                      11                         ondary, or postsecondary students, or individ-
                                                                      12                         uals engaged in vocational education;
                                                                      13                                  ‘‘(E) technology experts (including web de-
                                                                      14                         signers and procurement officials);
                                                                      15                                  ‘‘(F) health, allied health, and rehabilita-
                                                                      16                         tion professionals, and skilled nursing and in-
                                                                      17                         termediate care facilities and hospital employees
                                                                      18                         (including discharge planners);
                                                                      19                                  ‘‘(G) employers, especially small business
                                                                      20                         employers, and providers of employment and
                                                                      21                         training services;
                                                                      22                                  ‘‘(H) entities that manufacture or sell as-
                                                                      23                         sistive technology devices;




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                                                                        1                                 ‘‘(I) entities that carry out community pro-
                                                                        2                        grams designed to develop essential community
                                                                        3                        services in rural and urban areas; and
                                                                        4                                 ‘‘(J) other appropriate individuals and en-
                                                                        5                        tities, as determined for a State by the State.
                                                                        6                        ‘‘(17)        UNDERREPRESENTED                              POPULATION.—

                                                                        7               The term ‘underrepresented population’ means a
                                                                        8               population that is typically underrepresented in serv-
                                                                        9               ice provision, and includes populations such as indi-
                                                                      10                viduals who have low-incidence disabilities, racial
                                                                      11                and ethnic minorities, low income individuals, home-
                                                                      12                less individuals (including children and youth), chil-
                                                                      13                dren in foster care, individuals with limited English
                                                                      14                proficiency, older individuals, or individuals living in
                                                                      15                rural areas.
                                                                      16                         ‘‘(18) UNIVERSAL                      DESIGN.—The                   term ‘uni-
                                                                      17                versal design’ means a concept or philosophy for de-
                                                                      18                signing and delivering products and services that are
                                                                      19                usable by people with the widest possible range of
                                                                      20                functional capabilities, which include products and
                                                                      21                services that are directly accessible (without requir-
                                                                      22                ing assistive technologies) and products and services
                                                                      23                that are interoperable with assistive technologies.




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                                                                        1     ‘‘SEC. 4. GRANTS FOR STATE ASSISTIVE TECHNOLOGY PRO-

                                                                        2                             GRAMS.

                                                                        3               ‘‘(a) GRANTS                  TO     STATES.—The Secretary shall
                                                                        4 award grants under subsection (b) to States to maintain
                                                                        5 comprehensive statewide programs of technology-related
                                                                        6 assistance described in subsection (e) through State assist-
                                                                        7 ive technology programs that are designed to—
                                                                        8                        ‘‘(1) maximize the ability of individuals with
                                                                        9               disabilities across the human lifespan and across the
                                                                      10                wide array of disabilities, and their family members,
                                                                      11                guardians, advocates, and authorized representa-
                                                                      12                tives, to obtain assistive technology; and
                                                                      13                         ‘‘(2) increase access to assistive technology.
                                                                      14                ‘‘(b) AMOUNT OF FINANCIAL ASSISTANCE.—
                                                                      15                         ‘‘(1) IN GENERAL.—From funds made available
                                                                      16                to carry out this section, the Secretary shall award
                                                                      17                a grant to each eligible State and eligible outlying
                                                                      18                area from an allotment determined in accordance
                                                                      19                with paragraph (2).
                                                                      20                         ‘‘(2) CALCULATION OF STATE GRANTS.—
                                                                      21                                  ‘‘(A) BASE YEAR.—Except as provided in
                                                                      22                         subparagraphs (B) and (C), the Secretary shall
                                                                      23                         allot to each State and outlying area for a fiscal
                                                                      24                         year an amount that is not less than the




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                                                                      25                         amount the State or outlying area received
                                                                      26                         under the grants provided under section 4 of
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                                                                        1                        this Act (as in effect on the day before the ef-
                                                                        2                        fective date of the 21st Century Assistive Tech-
                                                                        3                        nology Act) for fiscal year 2021.
                                                                        4                                 ‘‘(B) RATABLE REDUCTION.—
                                                                        5                                         ‘‘(i) IN          GENERAL.—If                   funds made
                                                                        6                                 available to carry out this section for any
                                                                        7                                 fiscal year are insufficient to make the al-
                                                                        8                                 lotments required for each State and out-
                                                                        9                                 lying area under subparagraph (A) for
                                                                      10                                  such fiscal year, the Secretary shall ratably
                                                                      11                                  reduce the allotments for such fiscal year.
                                                                      12                                          ‘‘(ii) ADDITIONAL FUNDS.—If, after
                                                                      13                                  the Secretary makes the reductions de-
                                                                      14                                  scribed in clause (i), additional funds be-
                                                                      15                                  come available to carry out this section for
                                                                      16                                  the fiscal year, the Secretary shall ratably
                                                                      17                                  increase the allotments, until the Secretary
                                                                      18                                  has allotted the entire base year amount
                                                                      19                                  under subparagraph (A).
                                                                      20                                  ‘‘(C) APPROPRIATION HIGHER THAN BASE
                                                                      21                         YEAR AMOUNT.—For a fiscal year for which the

                                                                      22                         amount of funds made available to carry out
                                                                      23                         this section is greater than the base year
                                                                      24                         amount under subparagraph (A) and no greater



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                                                                      25                         than $40,000,000, the Secretary shall—


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                                                                        1                                         ‘‘(i) make the allotments described in
                                                                        2                                 subparagraph (A);
                                                                        3                                         ‘‘(ii) from a portion of the remainder
                                                                        4                                 of the funds after the Secretary makes the
                                                                        5                                 allotments described in clause (i), the Sec-
                                                                        6                                 retary shall—
                                                                        7                                                  ‘‘(I) from 50 percent of the por-
                                                                        8                                         tion, allot to each State an equal
                                                                        9                                         amount; and
                                                                      10                                                   ‘‘(II) from 50 percent of the por-
                                                                      11                                          tion, allot to each State an amount
                                                                      12                                          that bears the same relationship to
                                                                      13                                          such 50 percent as the population of
                                                                      14                                          the State bears to the population of
                                                                      15                                          all States,
                                                                      16                                  until each State has received an allotment
                                                                      17                                  of not less than $410,000 under clause (i)
                                                                      18                                  and this clause; and
                                                                      19                                          ‘‘(iii) from the remainder of the funds
                                                                      20                                  after the Secretary makes the allotments
                                                                      21                                  described in clause (ii), the Secretary
                                                                      22                                  shall—
                                                                      23                                                   ‘‘(I) from 80 percent of the re-
                                                                      24                                          mainder             allot       to      each           State   an



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                                                                      25                                          amount that bears the same relation-


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                                                                        1                                         ship to such 80 percent as the popu-
                                                                        2                                         lation of the State bears to the popu-
                                                                        3                                         lation of all States; and
                                                                        4                                                  ‘‘(II) from 20 percent of the re-
                                                                        5                                         mainder, allot to each State an equal
                                                                        6                                         amount.
                                                                        7                                 ‘‘(D)         APPROPRIATION                      HIGHER        THAN

                                                                        8                        THRESHOLD AMOUNT.—For                                   a fiscal year for
                                                                        9                        which the amount of funds made available to
                                                                      10                         carry out this section is $40,000,000 or greater,
                                                                      11                         the Secretary shall—
                                                                      12                                          ‘‘(i) make the allotments described in
                                                                      13                                  subparagraph (A);
                                                                      14                                          ‘‘(ii) from the funds remaining after
                                                                      15                                  the allotment described in clause (i), allot
                                                                      16                                  to each outlying area an amount of such
                                                                      17                                  funds until each outlying area has received
                                                                      18                                  an allotment of exactly $150,000 under
                                                                      19                                  clause (i) and this clause;
                                                                      20                                          ‘‘(iii) from a portion of the remainder
                                                                      21                                  of the funds after the Secretary makes the
                                                                      22                                  allotments described in clauses (i) and (ii),
                                                                      23                                  the Secretary shall—




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                                                                        1                                                  ‘‘(I) from 50 percent of the por-
                                                                        2                                         tion, allot to each State an equal
                                                                        3                                         amount; and
                                                                        4                                                  ‘‘(II) from 50 percent of the por-
                                                                        5                                         tion, allot to each State an amount
                                                                        6                                         that bears the same relationship to
                                                                        7                                         such 50 percent as the population of
                                                                        8                                         the State bears to the population of
                                                                        9                                         all States,
                                                                      10                                  until each State has received an allotment
                                                                      11                                  of not less than $450,000 under clause (i)
                                                                      12                                  and this clause; and
                                                                      13                                          ‘‘(iv) from the remainder of the funds
                                                                      14                                  after the Secretary makes the allotments
                                                                      15                                  described in clause (iii), the Secretary
                                                                      16                                  shall—
                                                                      17                                                   ‘‘(I) from 80 percent of the re-
                                                                      18                                          mainder             allot       to      each           State   an
                                                                      19                                          amount that bears the same relation-
                                                                      20                                          ship to such 80 percent as the popu-
                                                                      21                                          lation of the State bears to the popu-
                                                                      22                                          lation of all States; and
                                                                      23                                                   ‘‘(II) from 20 percent of the re-
                                                                      24                                          mainder, allot to each State an equal



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                                                                      25                                          amount.


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                                                                        1                        ‘‘(3) AVAILABILITY OF FUNDS; CARRYOVER.—
                                                                        2               Amounts made available for a fiscal year under this
                                                                        3               section that remains unobligated at the end of such
                                                                        4               fiscal year shall remain available for obligation dur-
                                                                        5               ing the subsequent fiscal year.
                                                                        6               ‘‘(c) LEAD AGENCY, IMPLEMENTING ENTITY, AND
                                                                        7 ADVISORY COUNCIL.—
                                                                        8                        ‘‘(1) LEAD AGENCY AND IMPLEMENTING ENTI-
                                                                        9               TY.—

                                                                      10                                  ‘‘(A) LEAD AGENCY.—
                                                                      11                                          ‘‘(i) IN GENERAL.—The Governor of a
                                                                      12                                  State shall designate a public agency as a
                                                                      13                                  lead agency—
                                                                      14                                                   ‘‘(I) to control and administer
                                                                      15                                          the funds made available through the
                                                                      16                                          grant awarded to the State under this
                                                                      17                                          section; and
                                                                      18                                                   ‘‘(II) to submit the application
                                                                      19                                          described in subsection (d) on behalf
                                                                      20                                          of the State, to ensure conformance
                                                                      21                                          with Federal and State accounting re-
                                                                      22                                          quirements.
                                                                      23                                          ‘‘(ii) DUTIES.—The duties of the lead
                                                                      24                                  agency shall include—



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                                                                        1                                                  ‘‘(I) preparing the application de-
                                                                        2                                         scribed in subsection (d) and carrying
                                                                        3                                         out State activities described in that
                                                                        4                                         application, including making pro-
                                                                        5                                         grammatic and resource allocation de-
                                                                        6                                         cisions necessary to implement the
                                                                        7                                         comprehensive statewide program of
                                                                        8                                         technology-related assistance;
                                                                        9                                                  ‘‘(II) coordinating the activities
                                                                      10                                          of the comprehensive statewide pro-
                                                                      11                                          gram of technology-related assistance
                                                                      12                                          among public and private entities, in-
                                                                      13                                          cluding coordinating efforts related to
                                                                      14                                          entering into interagency agreements,
                                                                      15                                          and maintaining and evaluating the
                                                                      16                                          program; and
                                                                      17                                                   ‘‘(III) coordinating efforts, in a
                                                                      18                                          way that acknowledges the demo-
                                                                      19                                          graphic characteristics of individuals,
                                                                      20                                          related to the active, timely, and
                                                                      21                                          meaningful participation by individ-
                                                                      22                                          uals with disabilities and their family
                                                                      23                                          members, guardians, advocates, or au-
                                                                      24                                          thorized representatives, and other ap-



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                                                                      25                                          propriate individuals, with respect to


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                                                                        1                                         activities carried out through the
                                                                        2                                         grant.
                                                                        3                                 ‘‘(B) IMPLEMENTING ENTITY.—The Gov-
                                                                        4                        ernor may designate an agency, office, or other
                                                                        5                        entity to carry out State activities under this
                                                                        6                        section (referred to in this section as the ‘imple-
                                                                        7                        menting entity’), if such implementing entity is
                                                                        8                        different from the lead agency. The imple-
                                                                        9                        menting entity shall carry out responsibilities
                                                                      10                         under this Act through a subcontract or an-
                                                                      11                         other administrative agreement with the lead
                                                                      12                         agency.
                                                                      13                                  ‘‘(C) CHANGE IN AGENCY OR ENTITY.—
                                                                      14                                          ‘‘(i) IN GENERAL.—On obtaining the
                                                                      15                                  approval of the Secretary—
                                                                      16                                                   ‘‘(I) the Governor may redesig-
                                                                      17                                          nate the lead agency of a State if the
                                                                      18                                          Governor shows to the Secretary, in
                                                                      19                                          accordance with subsection (d)(2)(B),
                                                                      20                                          good cause why the agency designated
                                                                      21                                          as the lead agency should not serve as
                                                                      22                                          that agency; and
                                                                      23                                                   ‘‘(II) the Governor may redesig-
                                                                      24                                          nate the implementing entity of a



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                                                                      25                                          State if the Governor shows to the


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                                                                        1                                         Secretary, in accordance with sub-
                                                                        2                                         section (d)(2)(B), good cause why the
                                                                        3                                         entity designated as the implementing
                                                                        4                                         entity should not serve as that entity.
                                                                        5                                         ‘‘(ii)         CONSTRUCTION.—Nothing                         in
                                                                        6                                 this paragraph shall be construed to re-
                                                                        7                                 quire the Governor of a State to change
                                                                        8                                 the lead agency or implementing entity of
                                                                        9                                 the State to an agency other than the lead
                                                                      10                                  agency or implementing entity of such
                                                                      11                                  State as of the date of enactment of the
                                                                      12                                  21st Century Assistive Technology Act.
                                                                      13                         ‘‘(2) ADVISORY COUNCIL.—
                                                                      14                                  ‘‘(A) IN GENERAL.—There shall be estab-
                                                                      15                         lished an advisory council to provide consumer-
                                                                      16                         responsive, consumer-driven advice to the State
                                                                      17                         for planning, implementation, and evaluation of
                                                                      18                         the activities carried out through the grant, in-
                                                                      19                         cluding setting the measurable goals described
                                                                      20                         in subsection (d)(3)(C).
                                                                      21                                  ‘‘(B) COMPOSITION                         AND          REPRESENTA-

                                                                      22                         TION.—

                                                                      23                                          ‘‘(i)          COMPOSITION.—The                        advisory
                                                                      24                                  council shall be composed of the following:



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                                                                        1                                                  ‘‘(I) Individuals with disabilities
                                                                        2                                         who use assistive technology or the
                                                                        3                                         family members or guardians of the
                                                                        4                                         individuals.
                                                                        5                                                  ‘‘(II) A representative of the des-
                                                                        6                                         ignated State agency, as defined in
                                                                        7                                         section 7 of the Rehabilitation Act of
                                                                        8                                         1973 (29 U.S.C. 705).
                                                                        9                                                  ‘‘(III) A representative of the
                                                                      10                                          designated State agency for individ-
                                                                      11                                          uals who are blind (within the mean-
                                                                      12                                          ing of section 101 of that Act (29
                                                                      13                                          U.S.C. 721)), if such agency is sepa-
                                                                      14                                          rate from the agency described in sub-
                                                                      15                                          clause (II).
                                                                      16                                                   ‘‘(IV) A representative of a State
                                                                      17                                          center for independent living described
                                                                      18                                          in part C of title VII of the Rehabili-
                                                                      19                                          tation Act of 1973 (29 U.S.C. 796f et
                                                                      20                                          seq.) or the Statewide Independent
                                                                      21                                          Living Council established under sec-
                                                                      22                                          tion 705 of such Act (29 U.S.C.
                                                                      23                                          796d).
                                                                      24                                                   ‘‘(V) A representative of the



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                                                                      25                                          State workforce development board es-


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                                                                        1                                         tablished under section 101 of the
                                                                        2                                         Workforce Innovation and Oppor-
                                                                        3                                         tunity Act (29 U.S.C. 3111).
                                                                        4                                                  ‘‘(VI) A representative of the
                                                                        5                                         State educational agency, as defined
                                                                        6                                         in section 8101 of the Elementary and
                                                                        7                                         Secondary Education Act of 1965 (20
                                                                        8                                         U.S.C. 7801).
                                                                        9                                                  ‘‘(VII) A representative of an al-
                                                                      10                                          ternative financing program for assist-
                                                                      11                                          ive technology if—
                                                                      12                                                            ‘‘(aa) there is an alternative
                                                                      13                                                   financing program for assistive
                                                                      14                                                   technology in the State; and
                                                                      15                                                            ‘‘(bb) such program is sepa-
                                                                      16                                                   rate from the State assistive
                                                                      17                                                   technology              program               supported
                                                                      18                                                   under subsection (e)(2).
                                                                      19                                                   ‘‘(VIII) A representative of 1 or
                                                                      20                                          more of the following:
                                                                      21                                                            ‘‘(aa) The agency respon-
                                                                      22                                                   sible for administering the State
                                                                      23                                                   Medicaid program under title
                                                                      24                                                   XIX of the Social Security Act



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                                                                      25                                                   (42 U.S.C. 1396 et seq.).


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                                                                        1                                                           ‘‘(bb) The designated State
                                                                        2                                                  agency for purposes of section
                                                                        3                                                  124 of the Developmental Dis-
                                                                        4                                                  abilities Assistance and Bill of
                                                                        5                                                  Rights Act of 2000 (42 U.S.C.
                                                                        6                                                  15024).
                                                                        7                                                           ‘‘(cc) The State agency des-
                                                                        8                                                  ignated under section 305(a)(1)
                                                                        9                                                  of the Older Americans Act of
                                                                      10                                                   1965 (42 U.S.C. 3025(a)(1)) or
                                                                      11                                                   an organization that receives as-
                                                                      12                                                   sistance under such Act (42
                                                                      13                                                   U.S.C. 3001 et seq.).
                                                                      14                                                            ‘‘(dd) An organization rep-
                                                                      15                                                   resenting disabled veterans.
                                                                      16                                                            ‘‘(ee) A University Center
                                                                      17                                                   for Excellence in Developmental
                                                                      18                                                   Disabilities Education, Research,
                                                                      19                                                   and Service designated under
                                                                      20                                                   section 151(a) of the Develop-
                                                                      21                                                   mental            Disabilities                Assistance
                                                                      22                                                   and Bill of Rights Act of 2000
                                                                      23                                                   (42 U.S.C. 15061(a)).
                                                                      24                                                            ‘‘(ff) The State protection



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                                                                        1                                                  in accordance with section 143 of
                                                                        2                                                  the       Developmental                   Disabilities
                                                                        3                                                  Assistance and Bill of Rights Act
                                                                        4                                                  of 2000 (42 U.S.C. 15043).
                                                                        5                                                           ‘‘(gg) The State Council on
                                                                        6                                                  Developmental Disabilities estab-
                                                                        7                                                  lished under section 125 of the
                                                                        8                                                  Developmental                   Disabilities       As-
                                                                        9                                                  sistance and Bill of Rights Act of
                                                                      10                                                   2000 (42 U.S.C. 15025).
                                                                      11                                                   ‘‘(IX) Representatives of other
                                                                      12                                          State agencies, public agencies, or pri-
                                                                      13                                          vate organizations, as determined by
                                                                      14                                          the State.
                                                                      15                                          ‘‘(ii) MAJORITY.—
                                                                      16                                                   ‘‘(I) IN GENERAL.—Not less than
                                                                      17                                          51 percent of the members of the ad-
                                                                      18                                          visory council shall be members ap-
                                                                      19                                          pointed under clause (i)(I), a majority
                                                                      20                                          of whom shall be individuals with dis-
                                                                      21                                          abilities.
                                                                      22                                                   ‘‘(II)            REPRESENTATIVES                   OF

                                                                      23                                          AGENCIES.—Members                                      appointed
                                                                      24                                          under subclauses (II) through (IX) of



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                                                                      25                                          clause (i) shall not count toward the


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                                                                        1                                         majority membership requirement es-
                                                                        2                                         tablished in subclause (I).
                                                                        3                                         ‘‘(iii) REPRESENTATION.—The advi-
                                                                        4                                 sory council shall be geographically rep-
                                                                        5                                 resentative of the State and reflect the di-
                                                                        6                                 versity of the State with respect to race,
                                                                        7                                 ethnicity, age, and types of disabilities, and
                                                                        8                                 users of types of services that an individual
                                                                        9                                 with a disability may receive, including
                                                                      10                                  home and community based services (as
                                                                      11                                  defined in section 9817(a)(2) of the Amer-
                                                                      12                                  ican Rescue Plan Act (42 U.S.C. 1396d
                                                                      13                                  note)), vocational rehabilitation services (as
                                                                      14                                  defined in section 7 of the Rehabilitation
                                                                      15                                  Act of 1973 (29 U.S.C. 705)), and services
                                                                      16                                  through the Individuals with Disabilities
                                                                      17                                  Education Act (20 U.S.C. 1400 et seq.).
                                                                      18                                  ‘‘(C) EXPENSES.—The members of the ad-
                                                                      19                         visory council shall receive no compensation for
                                                                      20                         their service on the advisory council, but shall
                                                                      21                         be reimbursed for reasonable and necessary ex-
                                                                      22                         penses actually incurred in the performance of
                                                                      23                         official duties for the advisory council.
                                                                      24                                  ‘‘(D) IMPACT                                               STATUTES,




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                                                                                                                                       ON        EXISTING

                                                                      25                         RULES, OR POLICIES.—Nothing                                     in this para-


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                                                                        1                        graph shall be construed to affect State stat-
                                                                        2                        utes, rules, or official policies relating to advi-
                                                                        3                        sory bodies for State assistive technology pro-
                                                                        4                        grams or require changes to governing bodies of
                                                                        5                        incorporated agencies that carry out State as-
                                                                        6                        sistive technology programs.
                                                                        7               ‘‘(d) APPLICATION.—
                                                                        8                        ‘‘(1) IN GENERAL.—Any State that desires to
                                                                        9               receive a grant under this section shall submit an
                                                                      10                application to the Secretary at such time, in such
                                                                      11                manner, and containing such information as the Sec-
                                                                      12                retary may require.
                                                                      13                         ‘‘(2) LEAD AGENCY AND IMPLEMENTING ENTI-
                                                                      14                TY.—

                                                                      15                                  ‘‘(A) IN GENERAL.—The application shall
                                                                      16                         contain—
                                                                      17                                          ‘‘(i) information identifying and de-
                                                                      18                                  scribing the lead agency referred to in sub-
                                                                      19                                  section (c)(1)(A);
                                                                      20                                          ‘‘(ii) information identifying and de-
                                                                      21                                  scribing the implementing entity referred
                                                                      22                                  to in subsection (c)(1)(B), if the Governor
                                                                      23                                  of the State designates such an entity; and
                                                                      24                                          ‘‘(iii) a description of how individuals



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                                                                      25                                  with disabilities were involved in the devel-


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                                                                        1                                 opment of the application and will be in-
                                                                        2                                 volved in the implementation of the activi-
                                                                        3                                 ties to be carried out through the grant
                                                                        4                                 and through the advisory council estab-
                                                                        5                                 lished in accordance with subsection (c)(2).
                                                                        6                                 ‘‘(B) CHANGE IN LEAD AGENCY OR IMPLE-
                                                                        7                        MENTING ENTITY.—In any case where—

                                                                        8                                         ‘‘(i) the Governor requests to redesig-
                                                                        9                                 nate a lead agency, the Governor shall in-
                                                                      10                                  clude in, or amend, the application to re-
                                                                      11                                  quest the redesignation and provide a writ-
                                                                      12                                  ten description of the rationale for the re-
                                                                      13                                  quested change; or
                                                                      14                                          ‘‘(ii) the Governor requests to redesig-
                                                                      15                                  nate an implementing entity, the Governor
                                                                      16                                  shall include in, or amend, the application
                                                                      17                                  to request the redesignation and provide a
                                                                      18                                  written description of the rationale for the
                                                                      19                                  requested change.
                                                                      20                         ‘‘(3) STATE PLAN.—The application under this
                                                                      21                subsection shall include a State plan for assistive
                                                                      22                technology consisting of—
                                                                      23                                  ‘‘(A) a description of how the State will
                                                                      24                         carry out a statewide continuum of integrated



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                                                                      25                         assistive technology activities described in sub-


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                                                                        1                        section (e) (unless excluded by the State pursu-
                                                                        2                        ant to subsection (e)(6));
                                                                        3                                 ‘‘(B) a description of how the State will al-
                                                                        4                        locate and utilize grant funds to implement the
                                                                        5                        activities described in subparagraph (A), includ-
                                                                        6                        ing describing proposed budget allocations and
                                                                        7                        planned procedures for tracking expenditures
                                                                        8                        for the activities;
                                                                        9                                 ‘‘(C) measurable goals, and a timeline for
                                                                      10                         meeting the goals, that the State has set for ad-
                                                                      11                         dressing the assistive technology needs of indi-
                                                                      12                         viduals with disabilities in the State related
                                                                      13                         to—
                                                                      14                                          ‘‘(i) education, including goals involv-
                                                                      15                                  ing the provision of assistive technology to
                                                                      16                                  individuals with disabilities who receive
                                                                      17                                  services under the Individuals with Disabil-
                                                                      18                                  ities Education Act (20 U.S.C. 1400 et
                                                                      19                                  seq.);
                                                                      20                                          ‘‘(ii) employment, including goals in-
                                                                      21                                  volving the State vocational rehabilitation
                                                                      22                                  program carried out under title I of the
                                                                      23                                  Rehabilitation Act of 1973 (29 U.S.C. 720
                                                                      24                                  et seq.);



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                                                                        1                                         ‘‘(iii) access to teleassistive technology
                                                                        2                                 to aid in the access of health care services,
                                                                        3                                 including mental health and substance use
                                                                        4                                 disorder services;
                                                                        5                                         ‘‘(iv) accessible information and com-
                                                                        6                                 munication technology education for indi-
                                                                        7                                 viduals with disabilities receiving assistive
                                                                        8                                 technology; and
                                                                        9                                         ‘‘(v) community living;
                                                                      10                                  ‘‘(D) information describing how the State
                                                                      11                         will quantifiably measure the goals, in a manner
                                                                      12                         consistent with the data submitted through the
                                                                      13                         progress reports under subsection (f), to deter-
                                                                      14                         mine whether the goals have been achieved; and
                                                                      15                                  ‘‘(E) a description of any activities de-
                                                                      16                         scribed in subsection (e) that the State will sup-
                                                                      17                         port with State or other non-Federal funds.
                                                                      18                         ‘‘(4) INVOLVEMENT OF PUBLIC AND PRIVATE
                                                                      19                ENTITIES.—The application shall describe how var-

                                                                      20                ious public and private entities were involved in the
                                                                      21                development of the application and will be involved
                                                                      22                in the implementation of the activities to be carried
                                                                      23                out through the grant, including—
                                                                      24                                  ‘‘(A) in cases determined to be appropriate



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                                                                      25                         by the State, a description of the nature and


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                                                                        1                        extent of resources that will be committed by
                                                                        2                        public and private partners to assist in accom-
                                                                        3                        plishing identified goals; and
                                                                        4                                 ‘‘(B) a description of the mechanisms es-
                                                                        5                        tablished to ensure coordination of activities
                                                                        6                        and collaboration between the implementing en-
                                                                        7                        tity, if any, and the State.
                                                                        8                        ‘‘(5) ASSURANCES.—The application shall in-
                                                                        9               clude assurances that—
                                                                      10                                  ‘‘(A) the State will annually collect data
                                                                      11                         related to the required activities implemented
                                                                      12                         by the State under this section in order to pre-
                                                                      13                         pare the progress reports required under sub-
                                                                      14                         section (f);
                                                                      15                                  ‘‘(B) funds received through the grant—
                                                                      16                                          ‘‘(i) will be expended in accordance
                                                                      17                                  with this section; and
                                                                      18                                          ‘‘(ii) will be used to supplement, and
                                                                      19                                  not supplant, funds available from other
                                                                      20                                  sources for technology-related assistance,
                                                                      21                                  including the provision of assistive tech-
                                                                      22                                  nology devices and assistive technology
                                                                      23                                  services;
                                                                      24                                  ‘‘(C) the lead agency will control and ad-



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                                                                      25                         minister the funds received through the grant;


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                                                                        1                                 ‘‘(D) the State will adopt such fiscal con-
                                                                        2                        trol and accounting procedures as may be nec-
                                                                        3                        essary to ensure proper disbursement of and ac-
                                                                        4                        counting for the funds received through the
                                                                        5                        grant;
                                                                        6                                 ‘‘(E) the physical facility of the lead agen-
                                                                        7                        cy and implementing entity, if any, meets the
                                                                        8                        requirements of the Americans with Disabilities
                                                                        9                        Act of 1990 (42 U.S.C. 12101 et seq.) regard-
                                                                      10                         ing accessibility for individuals with disabilities;
                                                                      11                                  ‘‘(F) a public agency or an individual with
                                                                      12                         a disability holds title to any property pur-
                                                                      13                         chased with funds received under the grant and
                                                                      14                         administers that property;
                                                                      15                                  ‘‘(G) activities carried out in the State that
                                                                      16                         are authorized under this Act, and supported by
                                                                      17                         Federal funds received under this Act, will com-
                                                                      18                         ply with the standards established by the Archi-
                                                                      19                         tectural and Transportation Barriers Compli-
                                                                      20                         ance Board under section 508 of the Rehabilita-
                                                                      21                         tion Act of 1973 (20 U.S.C. 794d); and
                                                                      22                                  ‘‘(H) the State will—
                                                                      23                                          ‘‘(i) prepare reports to the Secretary
                                                                      24                                  in such form and containing such informa-



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                                                                      25                                  tion as the Secretary may require to carry


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                                                                        1                                 out the Secretary’s functions under this
                                                                        2                                 Act; and
                                                                        3                                         ‘‘(ii) keep such records and allow ac-
                                                                        4                                 cess to such records as the Secretary may
                                                                        5                                 require to ensure the correctness and
                                                                        6                                 verification of information provided to the
                                                                        7                                 Secretary under this subparagraph.
                                                                        8               ‘‘(e) USE OF FUNDS.—
                                                                        9                        ‘‘(1) REQUIRED ACTIVITIES.—
                                                                      10                                  ‘‘(A) IN GENERAL.—Except as provided in
                                                                      11                         subparagraph (B) and paragraph (6), any State
                                                                      12                         that receives a grant under this section shall—
                                                                      13                                          ‘‘(i) use a portion of not more than 40
                                                                      14                                  percent of the funds made available
                                                                      15                                  through the grant to carry out all activities
                                                                      16                                  described in paragraph (3), of which not
                                                                      17                                  less than 5 percent of such portion shall be
                                                                      18                                  available for activities described in para-
                                                                      19                                  graph (3)(A)(iii); and
                                                                      20                                          ‘‘(ii) use a portion of the funds made
                                                                      21                                  available through the grant to carry out all
                                                                      22                                  of the activities described in paragraph (2).
                                                                      23                                  ‘‘(B) STATE OR NON-FEDERAL FINANCIAL
                                                                      24                         SUPPORT.—A State receiving a grant under this




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                                                                      25                         section shall not be required to use grant funds


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                                                                        1                        to carry out the category of activities described
                                                                        2                        in subparagraph (A), (B), (C), or (D) of para-
                                                                        3                        graph (2) in that State if, for such category of
                                                                        4                        activities, financial support is provided—
                                                                        5                                         ‘‘(i) from State or other non-Federal
                                                                        6                                 resources or entities; and
                                                                        7                                         ‘‘(ii) in an amount that is comparable
                                                                        8                                 to, or greater than, the amount of the por-
                                                                        9                                 tion of the funds made available through
                                                                      10                                  the grant that the State would have ex-
                                                                      11                                  pended for such category of activities, in
                                                                      12                                  the absence of this subparagraph.
                                                                      13                         ‘‘(2) STATE-LEVEL ACTIVITIES.—
                                                                      14                                  ‘‘(A) STATE FINANCING ACTIVITIES.—The
                                                                      15                         State shall support State financing activities to
                                                                      16                         increase access to, and funding for, assistive
                                                                      17                         technology devices and assistive technology
                                                                      18                         services (which shall not include direct payment
                                                                      19                         for such a device or service for an individual
                                                                      20                         with a disability but may include support and
                                                                      21                         administration of a program to provide such
                                                                      22                         payment), including development of systems to
                                                                      23                         provide and pay for such devices and services,
                                                                      24                         for targeted individuals and entities described



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                                                                      25                         in section 3(16)(A), including—


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                                                                        1                                         ‘‘(i) support for the development of
                                                                        2                                 systems for the purchase, lease, or other
                                                                        3                                 acquisition of, or payment for, assistive
                                                                        4                                 technology devices and assistive technology
                                                                        5                                 services;
                                                                        6                                         ‘‘(ii) another mechanism that is ap-
                                                                        7                                 proved by the Secretary; or
                                                                        8                                         ‘‘(iii) support for the development of a
                                                                        9                                 State-financed or privately financed alter-
                                                                      10                                  native financing program engaged in the
                                                                      11                                  provision of assistive technology devices,
                                                                      12                                  such as—
                                                                      13                                                   ‘‘(I) a low-interest loan fund;
                                                                      14                                                   ‘‘(II) an interest buy-down pro-
                                                                      15                                          gram;
                                                                      16                                                   ‘‘(III) a revolving loan fund; or
                                                                      17                                                   ‘‘(IV) a loan guarantee or insur-
                                                                      18                                          ance program.
                                                                      19                                  ‘‘(B)         DEVICE                REUTILIZATION              PRO-

                                                                      20                         GRAMS.—The State shall directly, or in collabo-

                                                                      21                         ration with public or private entities, carry out
                                                                      22                         assistive technology device reutilization pro-
                                                                      23                         grams that provide for the exchange, repair, re-
                                                                      24                         cycling, or other reutilization of assistive tech-



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                                                                      25                         nology devices, which may include redistribution


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                                                                        1                        through device sales, loans, rentals, or dona-
                                                                        2                        tions.
                                                                        3                                 ‘‘(C)        DEVICE                LOAN        PROGRAMS.—The

                                                                        4                        State shall directly, or in collaboration with
                                                                        5                        public or private entities, carry out device loan
                                                                        6                        programs that provide short-term loans of as-
                                                                        7                        sistive technology devices to individuals, employ-
                                                                        8                        ers, public agencies, or others seeking to meet
                                                                        9                        the needs of targeted individuals and entities,
                                                                      10                         including others seeking to comply with the In-
                                                                      11                         dividuals with Disabilities Education Act (20
                                                                      12                         U.S.C. 1400 et seq.), the Americans with Dis-
                                                                      13                         abilities Act of 1990 (42 U.S.C. 12101 et seq.),
                                                                      14                         and section 504 of the Rehabilitation Act of
                                                                      15                         1973 (29 U.S.C. 794).
                                                                      16                                  ‘‘(D) DEVICE DEMONSTRATIONS.—
                                                                      17                                          ‘‘(i) IN GENERAL.—The State shall
                                                                      18                                  directly, or in collaboration with public and
                                                                      19                                  private entities, such as one-stop partners,
                                                                      20                                  as defined in section 3 of the Workforce
                                                                      21                                  Innovation              and         Opportunity                Act   (29
                                                                      22                                  U.S.C. 3102), demonstrate a variety of as-
                                                                      23                                  sistive technology devices and assistive
                                                                      24                                  technology services (including assisting in-



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                                                                      25                                  dividuals in making informed choices re-


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                                                                        1                                 garding, and providing experiences with,
                                                                        2                                 the devices and services), using personnel
                                                                        3                                 who are familiar with such devices and
                                                                        4                                 services and their applications.
                                                                        5                                         ‘‘(ii)         COMPREHENSIVE                           INFORMA-

                                                                        6                                 TION.—The State shall directly, or through

                                                                        7                                 referrals, provide to individuals, to the ex-
                                                                        8                                 tent practicable, comprehensive informa-
                                                                        9                                 tion about State and local assistive tech-
                                                                      10                                  nology venders, providers, and repair serv-
                                                                      11                                  ices.
                                                                      12                         ‘‘(3) STATE LEADERSHIP ACTIVITIES.—
                                                                      13                                  ‘‘(A) EDUCATION AND TECHNICAL ASSIST-
                                                                      14                         ANCE.—

                                                                      15                                          ‘‘(i) IN GENERAL.—The State shall,
                                                                      16                                  directly or through the provision of support
                                                                      17                                  to public or private entities with dem-
                                                                      18                                  onstrated expertise in collaborating with
                                                                      19                                  public or private agencies that serve indi-
                                                                      20                                  viduals with disabilities, develop and dis-
                                                                      21                                  seminate education materials, conduct edu-
                                                                      22                                  cation, and provide technical assistance,
                                                                      23                                  for individuals statewide, including rep-
                                                                      24                                  resentatives of State and local educational



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                                                                      25                                  agencies, State vocational rehabilitation


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                                                                        1                                 programs, other State and local agencies,
                                                                        2                                 early intervention programs, adult service
                                                                        3                                 programs, hospitals and other health care
                                                                        4                                 facilities, institutions of higher education,
                                                                        5                                 and businesses.
                                                                        6                                         ‘‘(ii)         AUTHORIZED                 ACTIVITIES.—In

                                                                        7                                 carrying out activities under clause (i), the
                                                                        8                                 State shall carry out activities that en-
                                                                        9                                 hance the knowledge, skills, and com-
                                                                      10                                  petencies of individuals from local settings
                                                                      11                                  described in such clause, which may in-
                                                                      12                                  clude—
                                                                      13                                                   ‘‘(I) general awareness education
                                                                      14                                          on the benefits of assistive technology
                                                                      15                                          and the Federal, State, and private
                                                                      16                                          funding sources available to assist tar-
                                                                      17                                          geted individuals and entities in ac-
                                                                      18                                          quiring assistive technology;
                                                                      19                                                   ‘‘(II)            skills-development          edu-
                                                                      20                                          cation in assessing the need for assist-
                                                                      21                                          ive technology devices and assistive
                                                                      22                                          technology services;
                                                                      23                                                   ‘‘(III) education to ensure the
                                                                      24                                          appropriate application and use of as-



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                                                                      25                                          sistive technology devices, assistive


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                                                                        1                                         technology services, and accessible in-
                                                                        2                                         formation and communication tech-
                                                                        3                                         nology for e-government functions;
                                                                        4                                                  ‘‘(IV) education in the impor-
                                                                        5                                         tance of multiple approaches to as-
                                                                        6                                         sessment and implementation nec-
                                                                        7                                         essary to meet the individualized
                                                                        8                                         needs of individuals with disabilities;
                                                                        9                                         and
                                                                      10                                                   ‘‘(V) technical education on inte-
                                                                      11                                          grating assistive technology into the
                                                                      12                                          development and implementation of
                                                                      13                                          service plans, including any education,
                                                                      14                                          health, discharge, Olmstead, employ-
                                                                      15                                          ment, or other plan required under
                                                                      16                                          Federal or State law.
                                                                      17                                          ‘‘(iii) TRANSITION ASSISTANCE TO IN-
                                                                      18                                  DIVIDUALS                 WITH             DISABILITIES.—The

                                                                      19                                  State shall (directly or through the provi-
                                                                      20                                  sion of support to public or private enti-
                                                                      21                                  ties), develop and disseminate education
                                                                      22                                  materials, conduct education, facilitate ac-
                                                                      23                                  cess to assistive technology, and provide
                                                                      24                                  technical assistance, to assist—



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                                                                        1                                                  ‘‘(I) students with disabilities,
                                                                        2                                         within the meaning of the Individuals
                                                                        3                                         with Disabilities Education Act (20
                                                                        4                                         U.S.C. 1400 et seq.), that receive
                                                                        5                                         transition services; and
                                                                        6                                                  ‘‘(II) adults who are individuals
                                                                        7                                         with           disabilities             maintaining         or
                                                                        8                                         transitioning to community living.
                                                                        9                                 ‘‘(B) PUBLIC-AWARENESS ACTIVITIES.—
                                                                      10                                          ‘‘(i) IN GENERAL.—The State shall
                                                                      11                                  conduct           public-awareness                     activities   de-
                                                                      12                                  signed to provide information to targeted
                                                                      13                                  individuals and entities relating to the
                                                                      14                                  availability, benefits, appropriateness, and
                                                                      15                                  costs of assistive technology devices and
                                                                      16                                  assistive technology services, including—
                                                                      17                                                   ‘‘(I) the development of proce-
                                                                      18                                          dures for providing direct communica-
                                                                      19                                          tion between providers of assistive
                                                                      20                                          technology and targeted individuals
                                                                      21                                          and entities, which may include part-
                                                                      22                                          nerships with entities in the statewide
                                                                      23                                          and local workforce development sys-
                                                                      24                                          tems established under the Workforce



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                                                                      25                                          Innovation and Opportunity Act (29


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                                                                        1                                         U.S.C. 3101 et seq.), State vocational
                                                                        2                                         rehabilitation programs, public and
                                                                        3                                         private employers, the centers for
                                                                        4                                         independent living described in part C
                                                                        5                                         of title VII of the Rehabilitation Act
                                                                        6                                         of 1973 (29 U.S.C. 796f et seq.),
                                                                        7                                         Aging and Disability Resources Cen-
                                                                        8                                         ters (as defined in section 102 of the
                                                                        9                                         Older Americans Act of 1965 (42
                                                                      10                                          U.S.C. 3002)), or elementary schools
                                                                      11                                          and secondary schools (as defined in
                                                                      12                                          section 8101 of the Elementary and
                                                                      13                                          Secondary Education Act of 1965 (20
                                                                      14                                          U.S.C. 7801));
                                                                      15                                                   ‘‘(II) the development and dis-
                                                                      16                                          semination to targeted individuals and
                                                                      17                                          entities, of information about State ef-
                                                                      18                                          forts related to assistive technology;
                                                                      19                                          and
                                                                      20                                                   ‘‘(III) the distribution of mate-
                                                                      21                                          rials to appropriate public and private
                                                                      22                                          agencies that provide social, medical,
                                                                      23                                          educational,                employment,                housing,
                                                                      24                                          and transportation services to individ-



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                                                                      25                                          uals with disabilities.


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                                                                        1                                         ‘‘(ii) STATEWIDE INFORMATION AND
                                                                        2                                 REFERRAL SYSTEM.—

                                                                        3                                                  ‘‘(I) IN             GENERAL.—The               State
                                                                        4                                         shall directly, or in collaboration with
                                                                        5                                         public or private entities, provide for
                                                                        6                                         the continuation and enhancement of
                                                                        7                                         a statewide information and referral
                                                                        8                                         system designed to meet the needs of
                                                                        9                                         targeted individuals and entities.
                                                                      10                                                   ‘‘(II)        CONTENT.—The                     system
                                                                      11                                          shall deliver information on assistive
                                                                      12                                          technology                 devices,         assistive    tech-
                                                                      13                                          nology services (with specific data re-
                                                                      14                                          garding provider availability within
                                                                      15                                          the State), and the availability of re-
                                                                      16                                          sources, including funding through
                                                                      17                                          public and private sources, to obtain
                                                                      18                                          assistive technology devices and assist-
                                                                      19                                          ive technology services. The system
                                                                      20                                          shall also deliver information on the
                                                                      21                                          benefits of assistive technology devices
                                                                      22                                          and assistive technology services with
                                                                      23                                          respect to enhancing the capacity of
                                                                      24                                          individuals with disabilities to perform



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                                                                      25                                          activities of daily living.


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                                                                        1                                 ‘‘(C) COORDINATION                           AND         COLLABORA-

                                                                        2                        TION.—The State shall coordinate activities de-

                                                                        3                        scribed in paragraph (2) and this paragraph
                                                                        4                        among public and private entities that are re-
                                                                        5                        sponsible for policies, procedures, or funding for
                                                                        6                        the provision of assistive technology devices and
                                                                        7                        assistive technology services to improve access
                                                                        8                        to such devices and services in the State.
                                                                        9                        ‘‘(4) FUNDING RULES.—
                                                                      10                                  ‘‘(A) PROHIBITION.—Funds made avail-
                                                                      11                         able through a grant to a State under this sec-
                                                                      12                         tion shall not be used for direct payment for an
                                                                      13                         assistive technology device for an individual
                                                                      14                         with a disability.
                                                                      15                                  ‘‘(B)        FEDERAL               PARTNER               COLLABORA-

                                                                      16                         TION.—In order to coordinate the availability of

                                                                      17                         funding to access and acquire assistive tech-
                                                                      18                         nology through device demonstration, loan,
                                                                      19                         reuse, and State financing activities, a State re-
                                                                      20                         ceiving a grant under this section shall ensure
                                                                      21                         that the lead agency or implementing entity is
                                                                      22                         conducting outreach to and, as appropriate, col-
                                                                      23                         laborating with, other State agencies that re-
                                                                      24                         ceive Federal funding for assistive technology,



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                                                                      25                         including—


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                                                                        1                                         ‘‘(i) the State educational agency re-
                                                                        2                                 ceiving assistance under the Individuals
                                                                        3                                 with Disabilities Education Act (20 U.S.C.
                                                                        4                                 1400 et seq.);
                                                                        5                                         ‘‘(ii) the State vocational rehabilita-
                                                                        6                                 tion agency receiving assistance under title
                                                                        7                                 I of the Rehabilitation Act of 1973 (29
                                                                        8                                 U.S.C. 720 et seq.);
                                                                        9                                         ‘‘(iii) the agency responsible for ad-
                                                                      10                                  ministering the State Medicaid program
                                                                      11                                  under title XIX of the Social Security Act
                                                                      12                                  (42 U.S.C. 1396 et seq.);
                                                                      13                                          ‘‘(iv) the State agency receiving as-
                                                                      14                                  sistance under the Older Americans Act of
                                                                      15                                  1965 (42 U.S.C. 3001 et seq.); and
                                                                      16                                          ‘‘(v) any other agency in a State that
                                                                      17                                  funds assistive technology.
                                                                      18                                  ‘‘(C) INDIRECT COSTS.—Not more than 10
                                                                      19                         percent of the funds made available through a
                                                                      20                         grant to a State under this section may be used
                                                                      21                         for indirect costs.
                                                                      22                         ‘‘(5) STATE FLEXIBILITY.—
                                                                      23                                  ‘‘(A) IN GENERAL.—Notwithstanding para-
                                                                      24                         graph (1)(A) and subject to subparagraph (B),



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                                                                      25                         a State may use funds that the State receives


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                                                                        1                        under a grant awarded under this section to
                                                                        2                        carry out any 2 or more of the activities de-
                                                                        3                        scribed in paragraph (2).
                                                                        4                                 ‘‘(B)        SPECIAL               RULE.—Notwithstanding

                                                                        5                        paragraph (1)(A), any State that exercises its
                                                                        6                        authority under subparagraph (A)—
                                                                        7                                         ‘‘(i) shall carry out each of the re-
                                                                        8                                 quired activities described in paragraph
                                                                        9                                 (3); and
                                                                      10                                          ‘‘(ii) shall use not more than 30 per-
                                                                      11                                  cent of the funds made available through
                                                                      12                                  the grant to carry out such activities.
                                                                      13                         ‘‘(6) ASSISTIVE TECHNOLOGY DEVICE DISPOSI-
                                                                      14                TION.—Notwithstanding other equipment disposition

                                                                      15                policy under Federal law, an assistive technology de-
                                                                      16                vice purchased to be used in activities authorized
                                                                      17                under this section may be reutilized to the maximum
                                                                      18                extent possible and then donated to a public agency,
                                                                      19                private nonprofit agency, or an individual with a dis-
                                                                      20                ability in need of such device.
                                                                      21                ‘‘(f) ANNUAL PROGRESS REPORTS.—
                                                                      22                         ‘‘(1) DATA COLLECTION.—Each State receiving
                                                                      23                a grant under this section shall participate in data
                                                                      24                collection as required by law, including data collec-



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                                                                        1               tion required for preparation of the reports de-
                                                                        2               scribed in paragraph (2).
                                                                        3                        ‘‘(2) REPORTS.—
                                                                        4                                 ‘‘(A) IN GENERAL.—Each State shall pre-
                                                                        5                        pare and submit to the Secretary an annual
                                                                        6                        progress report on the activities carried out by
                                                                        7                        the State in accordance with subsection (e), in-
                                                                        8                        cluding activities funded by State or other non-
                                                                        9                        Federal sources under subsection (e)(1)(B) at
                                                                      10                         such time, and in such manner, as the Sec-
                                                                      11                         retary may require.
                                                                      12                                  ‘‘(B) CONTENTS.—The report shall include
                                                                      13                         data collected pursuant to this section. The re-
                                                                      14                         port shall document, with respect to activities
                                                                      15                         carried out under this section in the State—
                                                                      16                                          ‘‘(i) the type of State financing activi-
                                                                      17                                  ties described in subsection (e)(2)(A) used
                                                                      18                                  by the State;
                                                                      19                                          ‘‘(ii) the amount and type of assist-
                                                                      20                                  ance given to consumers of the State fi-
                                                                      21                                  nancing activities described in subsection
                                                                      22                                  (e)(2)(A) (which shall be classified by type
                                                                      23                                  of assistive technology device or assistive
                                                                      24                                  technology service financed through the



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                                                                        1                                 State financing activities, and geographic
                                                                        2                                 distribution within the State), including—
                                                                        3                                                  ‘‘(I) the number of applications
                                                                        4                                         for assistance received;
                                                                        5                                                  ‘‘(II) the number of applica-
                                                                        6                                         tions—
                                                                        7                                                           ‘‘(aa) approved;
                                                                        8                                                           ‘‘(bb) denied; or
                                                                        9                                                           ‘‘(cc) withdrawn;
                                                                      10                                                   ‘‘(III) the number, percentage,
                                                                      11                                          and dollar amount of defaults for the
                                                                      12                                          financing activities;
                                                                      13                                                   ‘‘(IV) the range and average in-
                                                                      14                                          terest rate for the financing activities;
                                                                      15                                                   ‘‘(V) the range and average in-
                                                                      16                                          come of approved applicants for the
                                                                      17                                          financing activities; and
                                                                      18                                                   ‘‘(VI)            the     types         and   dollar
                                                                      19                                          amounts of assistive technology fi-
                                                                      20                                          nanced;
                                                                      21                                          ‘‘(iii) the number, type, and length of
                                                                      22                                  time of loans of assistive technology de-
                                                                      23                                  vices provided to individuals with disabil-
                                                                      24                                  ities, employers, public agencies, or public



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                                                                      25                                  accommodations through the device loan


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                                                                        1                                 program described in subsection (e)(2)(C),
                                                                        2                                 and an analysis of the type of devices pro-
                                                                        3                                 vided through the program, including how
                                                                        4                                 the device benefitted the individual who re-
                                                                        5                                 ceived such device;
                                                                        6                                         ‘‘(iv) the number, type, estimated
                                                                        7                                 value, and scope of assistive technology de-
                                                                        8                                 vices exchanged, repaired, recycled, or re-
                                                                        9                                 utilized (including redistributed through
                                                                      10                                  device sales, loans, rentals, or donations)
                                                                      11                                  through the device reutilization program
                                                                      12                                  described in subsection (e)(2)(B), and an
                                                                      13                                  analysis of the individuals with disabilities
                                                                      14                                  who have benefited from the device reutili-
                                                                      15                                  zation program;
                                                                      16                                          ‘‘(v) the number and type of device
                                                                      17                                  demonstrations                     and      referrals          provided
                                                                      18                                  under subsection (e)(2)(D), and an anal-
                                                                      19                                  ysis of individuals with disabilities who
                                                                      20                                  have benefited from the demonstrations
                                                                      21                                  and referrals;
                                                                      22                                          ‘‘(vi)(I) the number and general char-
                                                                      23                                  acteristics of individuals who participated
                                                                      24                                  in education under subsection (e)(3)(A)



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                                                                      25                                  (such as individuals with disabilities, par-


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                                                                        1                                 ents, educators, employers, providers of
                                                                        2                                 employment services, health care workers,
                                                                        3                                 counselors, other service providers, or ven-
                                                                        4                                 dors) and the topics of such education; and
                                                                        5                                         ‘‘(II) to the extent practicable, the ge-
                                                                        6                                 ographic distribution of individuals who
                                                                        7                                 participated in the education;
                                                                        8                                         ‘‘(vii) the frequency of provision and
                                                                        9                                 nature of technical assistance provided to
                                                                      10                                  State and local agencies and other entities;
                                                                      11                                          ‘‘(viii) the number of individuals as-
                                                                      12                                  sisted through the statewide information
                                                                      13                                  and referral system described in subsection
                                                                      14                                  (e)(3)(B)(ii) and descriptions of the public
                                                                      15                                  awareness              activities            under             subsection
                                                                      16                                  (e)(3)(B);
                                                                      17                                          ‘‘(ix) the outcomes of any improve-
                                                                      18                                  ment initiatives carried out by the State as
                                                                      19                                  a result of activities funded under this sec-
                                                                      20                                  tion, including a description of any written
                                                                      21                                  policies, practices, and procedures that the
                                                                      22                                  State has developed and implemented re-
                                                                      23                                  garding access to, provision of, and fund-
                                                                      24                                  ing for, assistive technology devices, and



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                                                                      25                                  assistive technology services, in the con-


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                                                                        1                                 texts of education, health care, employ-
                                                                        2                                 ment, community living, and accessible in-
                                                                        3                                 formation and communication technology,
                                                                        4                                 including e-government;
                                                                        5                                         ‘‘(x) the source of leveraged funding
                                                                        6                                 or other contributed resources, including
                                                                        7                                 resources provided through subcontracts or
                                                                        8                                 other collaborative resource-sharing agree-
                                                                        9                                 ments, from and with public and private
                                                                      10                                  entities to carry out State activities de-
                                                                      11                                  scribed in subsection (e)(3)(C), the number
                                                                      12                                  of individuals served with the contributed
                                                                      13                                  resources for which information is not re-
                                                                      14                                  ported under clauses (i) through (ix) or
                                                                      15                                  clause (xi), and other outcomes accom-
                                                                      16                                  plished as a result of such activities carried
                                                                      17                                  out with the contributed resources; and
                                                                      18                                          ‘‘(xi) the level of customer satisfaction
                                                                      19                                  with the services provided.
                                                                      20      ‘‘SEC. 5. GRANTS FOR PROTECTION AND ADVOCACY SERV-

                                                                      21                              ICES RELATED TO ASSISTIVE TECHNOLOGY.

                                                                      22                ‘‘(a) GRANTS.—
                                                                      23                         ‘‘(1) IN GENERAL.—The Secretary shall make
                                                                      24                grants under subsection (b) to protection and advo-



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                                                                      25                cacy systems in each State for the purpose of ena-


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                                                                        1               bling such systems to assist in the acquisition, utili-
                                                                        2               zation, or maintenance of assistive technology de-
                                                                        3               vices or assistive technology services for individuals
                                                                        4               with disabilities.
                                                                        5                        ‘‘(2) GENERAL                    AUTHORITIES.—In                        providing
                                                                        6               such assistance, protection and advocacy systems
                                                                        7               shall have the same general authorities as the sys-
                                                                        8               tems are afforded under subtitle C of title I of the
                                                                        9               Developmental Disabilities Assistance and Bill of
                                                                      10                Rights Act of 2000 (42 U.S.C. 15041 et seq.).
                                                                      11                ‘‘(b) RESERVATION; DISTRIBUTION.—
                                                                      12                         ‘‘(1) RESERVATION.—For each fiscal year, the
                                                                      13                Secretary shall reserve, from the amounts made
                                                                      14                available to carry out this section under section
                                                                      15                9(b)(3)(B), such sums as may be necessary to carry
                                                                      16                out paragraph (4).
                                                                      17                         ‘‘(2) POPULATION BASIS.—From the funds ap-
                                                                      18                propriated for this section for a fiscal year and re-
                                                                      19                maining after the reservation required by paragraph
                                                                      20                (1) has been made, the Secretary shall make a grant
                                                                      21                to a protection and advocacy system within each
                                                                      22                State in an amount bearing the same ratio to the re-
                                                                      23                maining funds as the population of the State bears
                                                                      24                to the population of all States.



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                                                                        1                        ‘‘(3) MINIMUMS.—Subject to the availability of
                                                                        2               appropriations and paragraph (5), the amount of a
                                                                        3               grant to a protection and advocacy system under
                                                                        4               paragraph (2) for a fiscal year shall—
                                                                        5                                 ‘‘(A) in the case of a protection and advo-
                                                                        6                        cacy system located in American Samoa, Guam,
                                                                        7                        the United States Virgin Islands, or the Com-
                                                                        8                        monwealth of the Northern Mariana Islands,
                                                                        9                        not be less than $30,000; and
                                                                      10                                  ‘‘(B) in the case of a protection and advo-
                                                                      11                         cacy system located in a State not described in
                                                                      12                         subparagraph (A), not be less than $50,000.
                                                                      13                         ‘‘(4) PAYMENT TO THE SYSTEM SERVING THE
                                                                      14                AMERICAN INDIAN CONSORTIUM.—

                                                                      15                                  ‘‘(A) IN GENERAL.—The Secretary shall
                                                                      16                         make grants to the protection and advocacy
                                                                      17                         system serving the American Indian Consortium
                                                                      18                         to provide services in accordance with this sec-
                                                                      19                         tion.
                                                                      20                                  ‘‘(B) AMOUNT OF GRANTS.—The amount
                                                                      21                         of such grants shall be the same as the amount
                                                                      22                         provided under paragraph (3)(A).
                                                                      23                         ‘‘(5) ADJUSTMENTS.—For each fiscal year in
                                                                      24                which the total amount appropriated under section



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                                                                      25                9(b)(3)(B) to carry out this section is $8,000,000 or


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                                                                        1               more and such appropriated amount exceeds the
                                                                        2               total amount appropriated to carry out this section
                                                                        3               in the preceding fiscal year, the Secretary shall in-
                                                                        4               crease each of the minimum grant amounts de-
                                                                        5               scribed in subparagraphs (A) and (B) of paragraph
                                                                        6               (3) by a percentage equal to the percentage increase
                                                                        7               in the total amount appropriated under section 9 to
                                                                        8               carry out this section for the preceding fiscal year
                                                                        9               and such total amount for the fiscal year for which
                                                                      10                the determination is being made.
                                                                      11                ‘‘(c) DIRECT PAYMENT.—Notwithstanding any other
                                                                      12 provision of law, the Secretary shall pay directly to any
                                                                      13 protection and advocacy system that complies with this
                                                                      14 section, the total amount of the grant made for such sys-
                                                                      15 tem under this section, unless the system provides other-
                                                                      16 wise for payment of the grant amount.
                                                                      17                ‘‘(d) CARRYOVER; PROGRAM INCOME.—
                                                                      18                         ‘‘(1) CARRYOVER.—Any amount paid to an eli-
                                                                      19                gible system for a fiscal year under this section that
                                                                      20                remains unobligated at the end of such fiscal year
                                                                      21                shall remain available to such system for obligation
                                                                      22                during the subsequent fiscal year.
                                                                      23                         ‘‘(2) PROGRAM INCOME.—Program income gen-
                                                                      24                erated from any amount paid to an eligible system



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                                                                      25                for a fiscal year shall—


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                                                                        1                                 ‘‘(A) remain available to the eligible system
                                                                        2                        for 5 additional fiscal years after the year in
                                                                        3                        which such amount was paid to an eligible sys-
                                                                        4                        tem and be considered an addition to the grant;
                                                                        5                        and
                                                                        6                                 ‘‘(B) only be used to improve the aware-
                                                                        7                        ness of individuals with disabilities about the
                                                                        8                        accessibility of assistive technology and assist
                                                                        9                        such individuals in the acquisition, utilization,
                                                                      10                         or maintenance of assistive technology devices
                                                                      11                         or assistive technology services.
                                                                      12                ‘‘(e) REPORT TO SECRETARY.—An entity that re-
                                                                      13 ceives a grant under this section shall annually prepare
                                                                      14 and submit to the Secretary a report that contains docu-
                                                                      15 mentation of the progress of the entity in—
                                                                      16                         ‘‘(1) conducting consumer-responsive activities,
                                                                      17                including activities that will lead to increased access
                                                                      18                for individuals with disabilities to funding for assist-
                                                                      19                ive technology devices and assistive technology serv-
                                                                      20                ices;
                                                                      21                         ‘‘(2) engaging in informal advocacy to assist in
                                                                      22                securing assistive technology devices and assistive
                                                                      23                technology services for individuals with disabilities;
                                                                      24                         ‘‘(3) engaging in formal representation for indi-



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                                                                      25                viduals with disabilities to secure systems change,


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                                                                        1               and in advocacy activities to secure assistive tech-
                                                                        2               nology devices and assistive technology services for
                                                                        3               individuals with disabilities;
                                                                        4                        ‘‘(4) coordinating activities with protection and
                                                                        5               advocacy services funded through sources other than
                                                                        6               this Act, and coordinating activities with the capac-
                                                                        7               ity building and advocacy activities carried out by
                                                                        8               the lead agency; and
                                                                        9                        ‘‘(5) effectively allocating funds made available
                                                                      10                under this section to improve the awareness of indi-
                                                                      11                viduals with disabilities about the accessibility of as-
                                                                      12                sistive technology and assist such individuals in the
                                                                      13                acquisition, utilization, or maintenance of assistive
                                                                      14                technology devices or assistive technology services.
                                                                      15                ‘‘(f) REPORTS AND UPDATES TO STATE AGENCIES.—
                                                                      16 An entity that receives a grant under this section shall
                                                                      17 prepare and submit to the lead agency of the State des-
                                                                      18 ignated under section 4(c)(1) the report described in sub-
                                                                      19 section (e) and quarterly updates concerning the activities
                                                                      20 described in such subsection.
                                                                      21                ‘‘(g) COORDINATION.—On making a grant under this
                                                                      22 section to an entity in a State, the Secretary shall solicit
                                                                      23 and consider the opinions of the lead agency of the State
                                                                      24 with respect to efforts at coordination of activities, collabo-



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                                                                        1 ration, and promoting outcomes between the lead agency
                                                                        2 and the entity that receives the grant under this section.
                                                                        3     ‘‘SEC. 6. TECHNICAL ASSISTANCE AND DATA COLLECTION

                                                                        4                             SUPPORT.

                                                                        5               ‘‘(a) DEFINITIONS.—In this section:
                                                                        6                        ‘‘(1) QUALIFIED DATA COLLECTION AND RE-
                                                                        7               PORTING ENTITY.—The term ‘qualified data collec-

                                                                        8               tion and reporting entity’ means an entity with dem-
                                                                        9               onstrated expertise in data collection and reporting
                                                                      10                as described in section 4(f)(2)(B), in order to—
                                                                      11                                  ‘‘(A) provide recipients of grants under
                                                                      12                         this Act with education and technical assist-
                                                                      13                         ance; and
                                                                      14                                  ‘‘(B) assist such recipients with data col-
                                                                      15                         lection and data requirements.
                                                                      16                         ‘‘(2) QUALIFIED PROTECTION AND ADVOCACY
                                                                      17                SYSTEM TECHNICAL ASSISTANCE PROVIDER.—The

                                                                      18                term ‘qualified protection and advocacy system tech-
                                                                      19                nical assistance provider’ means an entity that has
                                                                      20                experience—
                                                                      21                                  ‘‘(A) working with protection and advocacy
                                                                      22                         systems established in accordance with section
                                                                      23                         143 of the Developmental Disabilities Assist-
                                                                      24                         ance and Bill of Rights Act of 2000 (42 U.S.C.



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                                                                      25                         15043); and


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                                                                        1                                 ‘‘(B) providing technical assistance to pro-
                                                                        2                        tection and advocacy agencies.
                                                                        3                        ‘‘(3) QUALIFIED TECHNICAL ASSISTANCE PRO-
                                                                        4               VIDER.—The                term ‘qualified technical assistance
                                                                        5               provider’ means an entity with demonstrated exper-
                                                                        6               tise in assistive technology and that has (directly or
                                                                        7               through grants or contracts)—
                                                                        8                                 ‘‘(A) experience and expertise admin-
                                                                        9                        istering programs, including developing, imple-
                                                                      10                         menting, and administering activities described
                                                                      11                         in section 4(e); and
                                                                      12                                  ‘‘(B) documented experience and knowl-
                                                                      13                         edge about—
                                                                      14                                          ‘‘(i) assistive technology device loan
                                                                      15                                  and demonstration;
                                                                      16                                          ‘‘(ii) assistive technology device reuse;
                                                                      17                                          ‘‘(iii)        financial           loans         and   micro-
                                                                      18                                  lending, including the activities of alter-
                                                                      19                                  native financing programs for assistive
                                                                      20                                  technology; and
                                                                      21                                          ‘‘(iv) State leadership activities.
                                                                      22                ‘‘(b) TECHNICAL ASSISTANCE AND DATA COLLEC-
                                                                      23      TION SUPPORT AUTHORIZED.—

                                                                      24                         ‘‘(1) SUPPORT



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                                                                                                                                 FOR         ASSISTIVE           TECHNOLOGY

                                                                      25                EDUCATION               AND         TECHNICAL               ASSISTANCE.—From



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                                                                        1               amounts made available under section 9(b)(1), the
                                                                        2               Secretary shall award, on a competitive basis—
                                                                        3                                 ‘‘(A) 1 grant, contract, or cooperative
                                                                        4                        agreement to a qualified technical assistance
                                                                        5                        provider to support activities described in sub-
                                                                        6                        section (d)(1) for States receiving grants under
                                                                        7                        section 4; and
                                                                        8                                 ‘‘(B) 1 grant, contract, or cooperative
                                                                        9                        agreement to a qualified protection and advo-
                                                                      10                         cacy system technical assistance provider to
                                                                      11                         support activities described in subsection (d)(1)
                                                                      12                         for protection and advocacy systems receiving
                                                                      13                         grants under section 5.
                                                                      14                         ‘‘(2) SUPPORT FOR DATA COLLECTION AND RE-
                                                                      15                PORTING ASSISTANCE.—From amounts made avail-

                                                                      16                able under section 9(b)(1), the Secretary shall
                                                                      17                award, on a competitive basis—
                                                                      18                                  ‘‘(A) 1 grant, contract, or cooperative
                                                                      19                         agreement to a qualified data collection and re-
                                                                      20                         porting entity to enable the qualified data col-
                                                                      21                         lection and reporting entity to carry out the ac-
                                                                      22                         tivities described in subsection (d)(2) for States
                                                                      23                         receiving grants under section 4; and
                                                                      24                                  ‘‘(B) 1 grant, contract, or cooperative



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                                                                      25                         agreement to a qualified protection and advo-


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                                                                        1                        cacy system technical assistance provider to en-
                                                                        2                        able the eligible protection and advocacy system
                                                                        3                        to carry out the activities described in sub-
                                                                        4                        section (d)(2) for protection and advocacy sys-
                                                                        5                        tems receiving grants under section 5.
                                                                        6               ‘‘(c) APPLICATION.—
                                                                        7                        ‘‘(1) IN GENERAL.—To be eligible to receive a
                                                                        8               grant, contract, or cooperative agreement under this
                                                                        9               section, an entity shall submit an application to the
                                                                      10                Secretary at such time and in such manner as the
                                                                      11                Secretary may require, and containing the following
                                                                      12                information:
                                                                      13                                  ‘‘(A) Information upon which the Secretary
                                                                      14                         shall consider the input described in paragraph
                                                                      15                         (2).
                                                                      16                                  ‘‘(B) A description of the activities such
                                                                      17                         entity will carry out with the grant, contract, or
                                                                      18                         cooperative agreement under subsection (d).
                                                                      19                                  ‘‘(C) A description of the expertise such
                                                                      20                         entity has to carry out such activities.
                                                                      21                                  ‘‘(D) In the case of an entity applying to
                                                                      22                         receive a grant, contract, or cooperative agree-
                                                                      23                         ment under subsection (b)(1), a description of
                                                                      24                         such entity’s plan for complying with the re-



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                                                                      25                         quirements described in subsection (d)(1)(B).


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                                                                        1                                 ‘‘(E) A description of such entity’s plan to
                                                                        2                        comply with all relevant State and Federal
                                                                        3                        laws, regulations, and policies with respect to
                                                                        4                        data privacy and security.
                                                                        5                        ‘‘(2) INPUT.—In awarding grants, contracts, or
                                                                        6               cooperative agreements under this section and in re-
                                                                        7               viewing the activities proposed under the applica-
                                                                        8               tions described in paragraph (1), the Secretary shall
                                                                        9               consider the input of the recipients of grants under
                                                                      10                sections 4 and 5, and other individuals the Secretary
                                                                      11                determines to be appropriate, especially—
                                                                      12                                  ‘‘(A) individuals with disabilities who use
                                                                      13                         assistive technology and understand the bar-
                                                                      14                         riers to the acquisition of such technology and
                                                                      15                         assistive technology services;
                                                                      16                                  ‘‘(B) family members, guardians, advo-
                                                                      17                         cates, and authorized representatives of such
                                                                      18                         individuals;
                                                                      19                                  ‘‘(C) relevant employees from Federal de-
                                                                      20                         partments and agencies, other than the Depart-
                                                                      21                         ment of Health and Human Services;
                                                                      22                                  ‘‘(D) representatives of businesses; and
                                                                      23                                  ‘‘(E) venders and public and private re-
                                                                      24                         searchers and developers.



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                                                                      25                ‘‘(d) AUTHORIZED ACTIVITIES.—


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                                                                        1                        ‘‘(1) USE            OF FUNDS FOR ASSISTIVE TECH-

                                                                        2               NOLOGY TECHNICAL ASSISTANCE.—

                                                                        3                                 ‘‘(A) TECHNICAL ASSISTANCE EFFORTS.—
                                                                        4                        A qualified technical assistance provider or
                                                                        5                        qualified protection and advocacy system tech-
                                                                        6                        nical assistance provider receiving a grant, con-
                                                                        7                        tract, or cooperative agreement under sub-
                                                                        8                        section (b)(1) shall support a technical assist-
                                                                        9                        ance program for States or protection and ad-
                                                                      10                         vocacy systems receiving a grant under section
                                                                      11                         4 or 5, respectively, that—
                                                                      12                                          ‘‘(i) addresses State-specific informa-
                                                                      13                                  tion requests concerning assistive tech-
                                                                      14                                  nology from entities funded under this Act
                                                                      15                                  and public entities not funded under this
                                                                      16                                  Act, including—
                                                                      17                                                   ‘‘(I) effective approaches to Fed-
                                                                      18                                          eral-State coordination of programs
                                                                      19                                          for individuals with disabilities related
                                                                      20                                          to improving funding for or access to
                                                                      21                                          assistive technology devices and assist-
                                                                      22                                          ive technology services for individuals
                                                                      23                                          with disabilities;
                                                                      24                                                   ‘‘(II) model State and local laws,



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                                                                      25                                          regulations, policies, practices, proce-


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                                                                        1                                         dures, and organizational structures
                                                                        2                                         that facilitate, and overcome barriers
                                                                        3                                         to, funding for, and access to, assist-
                                                                        4                                         ive technology devices and assistive
                                                                        5                                         technology services;
                                                                        6                                                  ‘‘(III) effective approaches to de-
                                                                        7                                         veloping,            implementing,                 evaluating,
                                                                        8                                         and sustaining activities described in
                                                                        9                                         section 4 or 5, as the case may be,
                                                                      10                                          and related to improving acquisition
                                                                      11                                          and access to assistive technology de-
                                                                      12                                          vices and assistive technology services
                                                                      13                                          for individuals with disabilities, and
                                                                      14                                          requests for assistance in developing
                                                                      15                                          corrective action plans;
                                                                      16                                                   ‘‘(IV) examples of policies, prac-
                                                                      17                                          tices, procedures, regulations, or judi-
                                                                      18                                          cial decisions related to access to and
                                                                      19                                          acquisition of assistive technology de-
                                                                      20                                          vices and assistive technology services
                                                                      21                                          for individuals with disabilities;
                                                                      22                                                   ‘‘(V) effective approaches to the
                                                                      23                                          development of consumer-controlled
                                                                      24                                          systems that increase access to, fund-



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                                                                      25                                          ing for, and awareness of, assistive


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                                                                        1                                         technology devices and assistive tech-
                                                                        2                                         nology services; and
                                                                        3                                                  ‘‘(VI) other requests for informa-
                                                                        4                                         tion and technical assistance from en-
                                                                        5                                         tities funded under this Act; and
                                                                        6                                         ‘‘(ii) in the case of a program that
                                                                        7                                 will serve States receiving grants under
                                                                        8                                 section 4—
                                                                        9                                                  ‘‘(I) assists targeted individuals
                                                                      10                                          and entities by disseminating informa-
                                                                      11                                          tion and responding to requests relat-
                                                                      12                                          ing to assistive technology by pro-
                                                                      13                                          viding referrals to recipients of grants
                                                                      14                                          under section 4 or other public or pri-
                                                                      15                                          vate resources; and
                                                                      16                                                   ‘‘(II) provides State-specific, re-
                                                                      17                                          gional, and national technical assist-
                                                                      18                                          ance concerning assistive technology
                                                                      19                                          to entities funded under this Act and
                                                                      20                                          public and private entities not funded
                                                                      21                                          under this Act, including—
                                                                      22                                                            ‘‘(aa) annually providing a
                                                                      23                                                   forum for exchanging information
                                                                      24                                                   concerning, and promoting pro-



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                                                                      25                                                   gram and policy improvements


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                                                                        1                                                  in, required activities of the State
                                                                        2                                                  assistive technology programs;
                                                                        3                                                           ‘‘(bb) facilitating onsite and
                                                                        4                                                  electronic              information              sharing
                                                                        5                                                  using             state-of-the-art              internet
                                                                        6                                                  technologies such as real-time on-
                                                                        7                                                  line discussions, multipoint video
                                                                        8                                                  conferencing,                   and            web-based
                                                                        9                                                  audio or video broadcasts, on
                                                                      10                                                   emerging topics that affect State
                                                                      11                                                   assistive technology programs;
                                                                      12                                                            ‘‘(cc) convening experts from
                                                                      13                                                   State assistive technology pro-
                                                                      14                                                   grams to discuss and make rec-
                                                                      15                                                   ommendations with regard to na-
                                                                      16                                                   tional emerging issues of impor-
                                                                      17                                                   tance to individuals with assistive
                                                                      18                                                   technology needs;
                                                                      19                                                            ‘‘(dd) sharing best practice
                                                                      20                                                   and          evidence-based                     practices
                                                                      21                                                   among and between State assist-
                                                                      22                                                   ive technology programs;
                                                                      23                                                            ‘‘(ee) maintaining an acces-
                                                                      24                                                   sible website that includes links



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                                                                      25                                                   to State assistive technology pro-


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                                                                        1                                                  grams, appropriate Federal de-
                                                                        2                                                  partments and agencies, and pri-
                                                                        3                                                  vate resources;
                                                                        4                                                           ‘‘(ff) developing a resource
                                                                        5                                                  that connects individuals from a
                                                                        6                                                  State with the State assistive
                                                                        7                                                  technology               program              in     their
                                                                        8                                                  State;
                                                                        9                                                           ‘‘(gg) providing access to ex-
                                                                      10                                                   perts in the state-level activities
                                                                      11                                                   described              in       section            4(e)(2)
                                                                      12                                                   through              site       visits,        telecon-
                                                                      13                                                   ferences, and other means, to en-
                                                                      14                                                   sure access to information for en-
                                                                      15                                                   tities that are carrying out new
                                                                      16                                                   programs or programs that are
                                                                      17                                                   not making progress in achieving
                                                                      18                                                   the objectives of the programs;
                                                                      19                                                   and
                                                                      20                                                            ‘‘(hh) supporting and coordi-
                                                                      21                                                   nating activities designed to re-
                                                                      22                                                   duce the financial costs of pur-
                                                                      23                                                   chasing assistive technology for
                                                                      24                                                   the activities described in section



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                                                                      25                                                   4(e), and reducing duplication of


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                                                                        1                                                  activities among State assistive
                                                                        2                                                  technology programs.
                                                                        3                                 ‘‘(B) COLLABORATION.—In developing and
                                                                        4                        providing technical assistance under this para-
                                                                        5                        graph, an entity receiving funds under sub-
                                                                        6                        section (b)(1) shall—
                                                                        7                                         ‘‘(i) collaborate with—
                                                                        8                                                  ‘‘(I) organizations representing
                                                                        9                                         individuals with disabilities;
                                                                      10                                                   ‘‘(II) national organizations rep-
                                                                      11                                          resenting State assistive technology
                                                                      12                                          programs;
                                                                      13                                                   ‘‘(III) organizations representing
                                                                      14                                          State officials and agencies engaged
                                                                      15                                          in the delivery of assistive technology;
                                                                      16                                                   ‘‘(IV) other technical assistance
                                                                      17                                          providers;
                                                                      18                                                   ‘‘(V) providers of State financing
                                                                      19                                          activities, including alternative financ-
                                                                      20                                          ing programs for assistive technology;
                                                                      21                                                   ‘‘(VI) providers of device loans,
                                                                      22                                          device demonstrations, and device re-
                                                                      23                                          utilization; and




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                                                                        1                                                  ‘‘(VII) any other organizations
                                                                        2                                         determined appropriate by the pro-
                                                                        3                                         vider or the Secretary; and
                                                                        4                                         ‘‘(ii) in the case of a qualified tech-
                                                                        5                                 nical assistance provider, include activities
                                                                        6                                 identified as priorities by State advisory
                                                                        7                                 councils and lead agencies and imple-
                                                                        8                                 menting entities for grants under section
                                                                        9                                 4.
                                                                      10                         ‘‘(2) USE            OF FUNDS FOR ASSISTIVE TECH-

                                                                      11                NOLOGY DATA COLLECTION AND REPORTING ASSIST-

                                                                      12                ANCE.—A qualified data collection and reporting en-

                                                                      13                tity or a qualified protection and advocacy system
                                                                      14                technical assistance provider receiving a grant, con-
                                                                      15                tract, or cooperative agreement under subsection
                                                                      16                (b)(2) shall assist States or protection and advocacy
                                                                      17                systems receiving a grant under section 4 or 5, re-
                                                                      18                spectively, to develop and implement effective and
                                                                      19                accessible data collection and reporting systems
                                                                      20                that—
                                                                      21                                  ‘‘(A) focus on quantitative and qualitative
                                                                      22                         data elements;
                                                                      23                                  ‘‘(B) help measure the impact of the activi-
                                                                      24                         ties to individuals who need assistive tech-



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                                                                      25                         nology;


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                                                                        1                                 ‘‘(C) in the case of systems that will serve
                                                                        2                        States receiving grants under section 4—
                                                                        3                                         ‘‘(i) measure the outcomes of all ac-
                                                                        4                                 tivities described in section 4(e) and the
                                                                        5                                 progress of the States toward achieving the
                                                                        6                                 measurable goals described in section
                                                                        7                                 4(d)(3)(C); and
                                                                        8                                         ‘‘(ii) provide States with the necessary
                                                                        9                                 information required under this Act or by
                                                                      10                                  the Secretary for reports described in sec-
                                                                      11                                  tion 4(f)(2); and
                                                                      12                                  ‘‘(D) are in full compliance with all rel-
                                                                      13                         evant State and Federal laws, regulations, and
                                                                      14                         policies with respect to data privacy and secu-
                                                                      15                         rity.
                                                                      16                ‘‘(e) LIMITATION.—No entity may receive a grant,
                                                                      17 contract, or cooperative agreement under this section if
                                                                      18 the entity is currently receiving a grant, contract, or coop-
                                                                      19 erative agreement under this section.
                                                                      20      ‘‘SEC. 7. PROJECTS OF NATIONAL SIGNIFICANCE.

                                                                      21                ‘‘(a) DEFINITION OF PROJECT OF NATIONAL SIG-
                                                                      22      NIFICANCE.—In this section the term ‘project of national

                                                                      23 significance’—
                                                                      24                         ‘‘(1) means a project that—



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                                                                        1                                 ‘‘(A) increases access to, and acquisition
                                                                        2                        of, assistive technology; and
                                                                        3                                 ‘‘(B) creates opportunities for individuals
                                                                        4                        with disabilities to directly and fully contribute
                                                                        5                        to, and participate in, all facets of education,
                                                                        6                        employment, community living, and recreational
                                                                        7                        activities; and
                                                                        8                        ‘‘(2) may—
                                                                        9                                 ‘‘(A) develop and expand partnerships be-
                                                                      10                         tween State Medicaid agencies and recipients of
                                                                      11                         grants under section 4 to reutilize durable med-
                                                                      12                         ical equipment;
                                                                      13                                  ‘‘(B) increase collaboration between the re-
                                                                      14                         cipients of grants under section 4 and States
                                                                      15                         receiving grants under the Money Follows the
                                                                      16                         Person Rebalancing Demonstration under sec-
                                                                      17                         tion 6071 of the Deficit Reduction Act of 2005
                                                                      18                         (42 U.S.C. 1396a note);
                                                                      19                                  ‘‘(C) increase collaboration between recipi-
                                                                      20                         ents of grants under section 4 and area agen-
                                                                      21                         cies on aging, as such term is defined in section
                                                                      22                         102 of the Older Americans Act of 1965 (42
                                                                      23                         U.S.C. 3002), which may include collaboration
                                                                      24                         on emergency preparedness, safety equipment,



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                                                                      25                         or assistive technology toolkits;


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                                                                        1                                 ‘‘(D) provide aid to assist youth with dis-
                                                                        2                        abilities to transition from school to adult life,
                                                                        3                        especially in—
                                                                        4                                         ‘‘(i) finding employment and postsec-
                                                                        5                                 ondary education opportunities; and
                                                                        6                                         ‘‘(ii) upgrading and changing any as-
                                                                        7                                 sistive technology devices that may be
                                                                        8                                 needed as a youth matures;
                                                                        9                                 ‘‘(E) increase access to and acquisition of
                                                                      10                         assistive technology addressing the needs of
                                                                      11                         aging individuals and aging caregivers in the
                                                                      12                         community;
                                                                      13                                  ‘‘(F) increase effective and efficient use of
                                                                      14                         assistive technology as part of early intervention
                                                                      15                         for infants and toddlers with disabilities from
                                                                      16                         birth to age 3;
                                                                      17                                  ‘‘(G) increase awareness of and access to
                                                                      18                         the Disability Funds-Financial Assistance fund-
                                                                      19                         ing provided by the Community Development
                                                                      20                         Financial Institutions Fund that supports ac-
                                                                      21                         quisition of assistive technology; and
                                                                      22                                  ‘‘(H) increase awareness of and access to
                                                                      23                         other federally funded disability programs or in-
                                                                      24                         crease knowledge of assistive technology.



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                                                                        1               ‘‘(b) PROJECTS AUTHORIZED.—If funds are available
                                                                        2 pursuant to section 9(c) to carry out this section for a
                                                                        3 fiscal year, the Secretary may award, on a competitive
                                                                        4 basis, grants, contracts, and cooperative agreements to
                                                                        5 public or private entities to enable the entities to carry
                                                                        6 out projects of national significance.
                                                                        7               ‘‘(c) APPLICATION.—A public or private entity desir-
                                                                        8 ing a grant under this section shall submit an application
                                                                        9 to the Secretary at such time and in such manner as the
                                                                      10 Secretary may require, and containing a description of the
                                                                      11 project the public or private entity proposes to carry out
                                                                      12 under this section.
                                                                      13                ‘‘(d) AWARD BASIS.—
                                                                      14                         ‘‘(1) PRIORITY.—In awarding grants under this
                                                                      15                section, the Secretary shall give priority to an entity
                                                                      16                funded under section 4 or 5 for the most recent
                                                                      17                award period.
                                                                      18                         ‘‘(2) PREFERENCE.—For each grant award pe-
                                                                      19                riod, the Secretary may give preference for 1 or
                                                                      20                more categories of projects of national significance
                                                                      21                described in subparagraphs (A) through (H) of sub-
                                                                      22                section (a)(2).
                                                                      23                ‘‘(e) MINIMUM FUNDING LEVEL REQUIRED.—The
                                                                      24 Secretary may only award grants, contracts, or coopera-



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                                                                      25 tive agreements under this section if the amount made


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                                                                        1 available under section 9 to carry out sections 4, 5, and
                                                                        2 6 is equal to or greater than $49,000,000.
                                                                        3     ‘‘SEC. 8. ADMINISTRATIVE PROVISIONS.

                                                                        4               ‘‘(a) GENERAL ADMINISTRATION.—
                                                                        5                        ‘‘(1) IN GENERAL.—Notwithstanding any other
                                                                        6               provision of law, the Administrator of the Adminis-
                                                                        7               tration for Community Living shall be responsible
                                                                        8               for the administration of this Act.
                                                                        9                        ‘‘(2) COLLABORATION.—The Administrator of
                                                                      10                the Administration for Community Living shall con-
                                                                      11                sult with the Office of Special Education Programs
                                                                      12                of the Department of Education, the Rehabilitation
                                                                      13                Services Administration of the Department of Edu-
                                                                      14                cation, the Office of Disability Employment Policy of
                                                                      15                the Department of Labor, the National Institute on
                                                                      16                Disability, Independent Living, and Rehabilitation
                                                                      17                Research, and other appropriate Federal entities in
                                                                      18                the administration of this Act.
                                                                      19                         ‘‘(3) ADMINISTRATION.—
                                                                      20                                  ‘‘(A) IN GENERAL.—In administering this
                                                                      21                         Act, the Administrator of the Administration
                                                                      22                         for Community Living shall ensure that pro-
                                                                      23                         grams funded under this Act will address—




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                                                                        1                                         ‘‘(i) the needs of individuals with all
                                                                        2                                 types of disabilities and across the life
                                                                        3                                 span; and
                                                                        4                                         ‘‘(ii) the use of assistive technology in
                                                                        5                                 all potential environments, including em-
                                                                        6                                 ployment, education, and community liv-
                                                                        7                                 ing.
                                                                        8                                 ‘‘(B) FUNDING                      LIMITATIONS.—For            each
                                                                        9                        fiscal year, not more than 1/2 of 1 percent of
                                                                      10                         the total funding appropriated for this Act shall
                                                                      11                         be used by the Administrator of the Adminis-
                                                                      12                         tration for Community Living to support the
                                                                      13                         administration of this Act.
                                                                      14                ‘‘(b) REVIEW OF PARTICIPATING ENTITIES.—
                                                                      15                         ‘‘(1) IN GENERAL.—The Secretary shall assess
                                                                      16                the extent to which entities that receive grants under
                                                                      17                this Act are complying with the applicable require-
                                                                      18                ments of this Act and achieving measurable goals
                                                                      19                that are consistent with the requirements of the
                                                                      20                grant programs under which the entities received the
                                                                      21                grants.
                                                                      22                         ‘‘(2) PROVISION OF INFORMATION.—To assist
                                                                      23                the Secretary in carrying out the responsibilities of
                                                                      24                the Secretary under this section, the Secretary may



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                                                                      25                require States to provide relevant information, in-


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                                                                        1               cluding the information required under subsection
                                                                        2               (d).
                                                                        3               ‘‘(c) CORRECTIVE ACTION AND SANCTIONS.—
                                                                        4                        ‘‘(1) CORRECTIVE ACTION.—If the Secretary
                                                                        5               determines that an entity that receives a grant
                                                                        6               under this Act fails to substantially comply with the
                                                                        7               applicable requirements of this Act, or to make sub-
                                                                        8               stantial progress toward achieving the measurable
                                                                        9               goals described in subsection (b)(1) with respect to
                                                                      10                the grant program, the Secretary shall assist the en-
                                                                      11                tity, through technical assistance funded under sec-
                                                                      12                tion 6 or other means, within 90 days after such de-
                                                                      13                termination, to develop a corrective action plan.
                                                                      14                         ‘‘(2) SANCTIONS.—If the entity fails to develop
                                                                      15                and comply with a corrective action plan described
                                                                      16                in paragraph (1) during a fiscal year, the entity
                                                                      17                shall be subject to 1 of the following corrective ac-
                                                                      18                tions selected by the Secretary:
                                                                      19                                  ‘‘(A) Partial or complete termination of
                                                                      20                         funding under the grant program, until the en-
                                                                      21                         tity develops and complies with such a plan.
                                                                      22                                  ‘‘(B) Ineligibility to participate in the
                                                                      23                         grant program in the following fiscal year.




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                                                                        1                                 ‘‘(C) Reduction in the amount of funding
                                                                        2                        that may be used for indirect costs under sec-
                                                                        3                        tion 4 for the following fiscal year.
                                                                        4                                 ‘‘(D) Required redesignation of the lead
                                                                        5                        agency designated under section 4(c)(1) or an
                                                                        6                        entity responsible for administering the grant
                                                                        7                        program.
                                                                        8                        ‘‘(3) APPEALS                   PROCEDURES.—The                         Secretary
                                                                        9               shall establish appeals procedures for entities that
                                                                      10                are determined to be in noncompliance with the ap-
                                                                      11                plicable requirements of this Act, or have not made
                                                                      12                substantial progress toward achieving the measur-
                                                                      13                able goals described in subsection (b)(1).
                                                                      14                         ‘‘(4) SECRETARIAL ACTION.—As part of the an-
                                                                      15                nual report required under subsection (d), the Sec-
                                                                      16                retary shall describe each such action taken under
                                                                      17                paragraph (1) or (2) and the outcomes of each such
                                                                      18                action.
                                                                      19                         ‘‘(5) PUBLIC NOTIFICATION.—Not later than
                                                                      20                30 days after taking an action under paragraph (1)
                                                                      21                or (2), the Secretary shall provide the public, by
                                                                      22                posting on an easily accessible portion of the inter-
                                                                      23                net website of the Department of Health and
                                                                      24                Human Services, notification of each action taken by



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                                                                      25                the Secretary under paragraph (1) or (2). As a part


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                                                                        1               of such notification, the Secretary shall describe
                                                                        2               each such action taken under paragraph (1) or (2)
                                                                        3               and the outcomes of each such action.
                                                                        4               ‘‘(d) ANNUAL REPORT TO CONGRESS.—
                                                                        5                        ‘‘(1) IN GENERAL.—Not later than December
                                                                        6               31 of each year, the Secretary shall prepare and
                                                                        7               submit to the President, the Committee on Health,
                                                                        8               Education, Labor, and Pensions of the Senate, and
                                                                        9               the Committee on Education and Labor of the
                                                                      10                House of Representatives a report on the activities
                                                                      11                funded under this Act to improve the access of as-
                                                                      12                sistive technology devices and assistive technology
                                                                      13                services to individuals with disabilities.
                                                                      14                         ‘‘(2) CONTENTS.—Such report shall include—
                                                                      15                                  ‘‘(A) a compilation and summary of the in-
                                                                      16                         formation provided by the States in annual
                                                                      17                         progress reports submitted under section 4(f);
                                                                      18                         and
                                                                      19                                  ‘‘(B) a summary of the State applications
                                                                      20                         described in section 4(d) and an analysis of the
                                                                      21                         progress of the States in meeting the measur-
                                                                      22                         able goals established in State applications
                                                                      23                         under section 4(d)(3)(C).
                                                                      24                ‘‘(e) CONSTRUCTION.—Nothing in this section shall



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                                                                      25 be construed to affect the enforcement authority of the


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                                                                        1 Secretary, another Federal officer, or a court under any
                                                                        2 other applicable law.
                                                                        3               ‘‘(f) EFFECT ON OTHER ASSISTANCE.—This Act may
                                                                        4 not be construed as authorizing a Federal or State agency
                                                                        5 to reduce medical or other assistance available, or to alter
                                                                        6 eligibility for a benefit or service, under any other Federal
                                                                        7 law.
                                                                        8     ‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS; RESERVA-

                                                                        9                             TIONS AND DISTRIBUTION OF FUNDS.

                                                                      10                ‘‘(a) IN GENERAL.—There are authorized to be ap-
                                                                      11 propriated to carry out this Act—
                                                                      12                         ‘‘(1) $44,000,000 for fiscal year 2023;
                                                                      13                         ‘‘(2) $45,980,000 for fiscal year 2024;
                                                                      14                         ‘‘(3) $48,049,100 for fiscal year 2025;
                                                                      15                         ‘‘(4) $50,211,310 for fiscal year 2026; and
                                                                      16                         ‘‘(5) $52,470,819 for fiscal year 2027.
                                                                      17                ‘‘(b)        RESERVATIONS                     AND           DISTRIBUTION         OF

                                                                      18 FUNDS.—Of the funds made available under subsection
                                                                      19 (a) to carry out this Act and subject to subsection (c),
                                                                      20 the Secretary shall—
                                                                      21                         ‘‘(1) reserve an amount equal to 3 percent of
                                                                      22                such available funds to carry out paragraphs (1) and
                                                                      23                (2) of section 6(b); and
                                                                      24                         ‘‘(2) of the amounts remaining after the res-



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                                                                      25                ervation under paragraph (1)—


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                                                                        1                                 ‘‘(A) use 85.5 percent of such amounts to
                                                                        2                        carry out section 4; and
                                                                        3                                 ‘‘(B) use 14.5 percent of such amounts to
                                                                        4                        carry out section 5.
                                                                        5               ‘‘(c) LIMIT FOR PROJECTS OF NATIONAL SIGNIFI-
                                                                        6     CANCE.—For                  any fiscal year for which the amount of
                                                                        7 funds made available under subsection (a) exceeds
                                                                        8 $49,000,000, the Secretary may—
                                                                        9                        ‘‘(1) reserve for section 7, an amount of such
                                                                      10                available funds that does not exceed the lesser of—
                                                                      11                                  ‘‘(A) the excess amount made available; or
                                                                      12                                  ‘‘(B) $2,000,000; and
                                                                      13                         ‘‘(2) make the reservation under paragraph (1)
                                                                      14                before carrying out subsection (b).’’.
                                                                      15      SEC. 3. EFFECTIVE DATE.

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