21st Century Assistive Technology Act

II 116TH CONGRESS 1ST SESSION S. 1835 To reauthorize the Assistive Technology Act of 1998, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 13, 2019 Mr. CASEY (for himself and Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To reauthorize the Assistive Technology Act of 1998, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘21st Century Assistive 4 Technology Act’’. 5 SEC. 2. REAUTHORIZATION. 6 The Assistive Technology Act of 1998 (29 U.S.C. 7 3001 et seq.) is amended to read as follows: 8 VerDate Sep 11 2014 18:29 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1835.IS S1835 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1835 IS ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 ‘‘(a) SHORT TITLE.—This Act may be cited as the 2 ‘Assistive Technology Act of 1998’. 3 ‘‘(b) TABLE OF CONTENTS.—The table of contents 4 of this Act is as follows: 5 ‘‘Sec. 1. Short title; table of contents. ‘‘Sec. 2. Findings and purposes. ‘‘Sec. 3. Definitions. ‘‘Sec. 4. Grants for State assistive technology programs. ‘‘Sec. 5. State grants for protection and advocacy services related to assistive technology. ‘‘Sec. 6. Technical assistance and data collection support. ‘‘Sec. 7. Projects of national significance. ‘‘Sec. 8. Administrative provisions. ‘‘Sec. 9. Authorization of appropriations; reservations and distribution of funds. ‘‘SEC. 2. FINDINGS AND PURPOSES. 6 ‘‘(a) FINDINGS.—Congress finds the following: 7 ‘‘(1) Over 54,000,000 individuals in the United 8 States have disabilities, with almost half experi- 9 encing severe disabilities that affect their ability to 10 see, hear, communicate, reason, walk, or perform 11 other basic life functions. 12 ‘‘(2) Disability is a natural part of the human 13 experience and in no way diminishes the right of in- 14 dividuals to— 15 ‘‘(A) live independently; 16 ‘‘(B) enjoy self-determination and make 17 choices; 18 ‘‘(C) benefit from an education; 19 ‘‘(D) pursue competitive, integrated em- 20 ployment; and 21 VerDate Sep 11 2014 18:29 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1835.IS S1835 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1835 IS ‘‘(E) enjoy full inclusion and integration in 1 the economic, political, social, cultural, and edu- 2 cational mainstream of society in the United 3 States. 4 ‘‘(3) Technology is one of the primary engines 5 for economic activity, education, and innovation in 6 the Nation, and throughout the world. The commit- 7 ment of the United States to the development and 8 utilization of technology is one of the main factors 9 underlying the strength and vibrancy of the economy 10 of the United States. 11 ‘‘(4) As technology has come to play an increas- 12 ingly important role in the lives of all persons in the 13 United States, in the conduct of business, in the 14 functioning of government, in the fostering of com- 15 munication, in the conduct of commerce, and in the 16 provision of education, its impact upon the lives of 17 individuals with disabilities in the United States has 18 been comparable to its impact upon the remainder 19 of the citizens of the United States. Any develop- 20 ment in mainstream technology will have profound 21 implications for individuals with disabilities in the 22 United States. 23 ‘‘(5) Substantial progress has been made in the 24 development of assistive technology devices, includ- 25 VerDate Sep 11 2014 18:29 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1835.IS S1835 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1835 IS ing adaptations to existing devices that facilitate ac- 1 tivities of daily living that significantly benefit indi- 2 viduals with disabilities of all ages. These devices, 3 including adaptations, increase involvement in, and 4 reduce expenditures associated with, programs and 5 activities that facilitate communication, ensure inde- 6 pendent functioning, enable early childhood develop- 7 ment, support educational achievement, provide and 8 enhance employment options, and enable full partici- 9 pation in community living for individuals with dis- 10 abilities. Access to such devices can also reduce ex- 11 penditures associated with early childhood interven- 12 tion, education, rehabilitation and training, health 13 care, employment, residential living, independent liv- 14 ing, recreation opportunities, and other aspects of 15 daily living. 16 ‘‘(6) Over the last 15 years, the Federal Gov- 17 ernment has invested in the development of com- 18 prehensive statewide programs of technology-related 19 assistance, which have proven effective in assisting 20 individuals with disabilities in accessing assistive 21 technology devices and assistive technology services. 22 This partnership between the Federal Government 23 and the States provided an important service to indi- 24 viduals with disabilities by strengthening the capac- 25 VerDate Sep 11 2014 18:29 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1835.IS S1835 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1835 IS ity of each State to assist individuals with disabil- 1 ities of all ages meet their assistive technology 2 needs. 3 ‘‘(7) Despite the success of the Federal-State 4 partnership in providing access to assistive tech- 5 nology devices and assistive technology services, 6 there is a continued need to provide information and 7 legally based advocacy about the availability of as- 8 sistive technology, advances in improving accessi- 9 bility and functionality of assistive technology, and 10 appropriate methods to secure and utilize assistive 11 technology in order to maximize the independence 12 and participation of individuals with disabilities in 13 society. 14 ‘‘(8) The combination of significant recent 15 changes in Federal policy (including changes to sec- 16 tion 508 of the Rehabilitation Act of 1973 (29 17 U.S.C. 794d), accessibility provisions of the Help 18 America Vote Act of 2002 (42 U.S.C. 15301 et 19 seq.), and the amendments made to the Elementary 20 and Secondary Education Act of 1965 (20 U.S.C. 21 6301 et seq.) by the No Child Left Behind Act of 22 2001 (Public Law 107–110; 115 Stat. 1425) and 23 the rapid and unending evolution of technology re- 24 quire a Federal-State investment in State assistive 25 VerDate Sep 11 2014 18:29 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1835.IS S1835 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1835 IS technology programs, as well as an investment in 1 protection and advocacy systems, to continue to en- 2 sure that individuals with disabilities reap the bene- 3 fits of the technological revolution and participate 4 fully in life in their communities. 5 ‘‘(b) PURPOSES.—The purposes of this Act are— 6 ‘‘(1) to support State efforts to improve the 7 provision of assistive technology to individuals with 8 disabilities through a comprehensive statewide con- 9 tinuum of integrated activities, for individuals with 10 disabilities of all ages, that are designed to— 11 ‘‘(A) increase the availability of, funding 12 for, access to, provision of, and training about 13 assistive technology devices and assistive tech- 14 nology services; 15 ‘‘(B) increase the ability of individuals 16 with disabilities of all ages to secure and main- 17 tain possession of assistive technology devices 18 as such individuals make the transition between 19 services offered by educational or human service 20 agencies or between settings of daily living (for 21 example, between home and work); 22 ‘‘(C) increase the capacity of public agen- 23 cies and private entities to provide and pay for 24 assistive technology devices and assistive tech- 25 VerDate Sep 11 2014 18:29 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1835.IS S1835 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1835 IS nology services on a statewide basis for individ- 1 uals with disabilities of all ages; 2 ‘‘(D) increase the involvement of individ- 3 uals with disabilities and, if appropriate, their 4 family members, guardians, advocates, and au- 5 thorized representatives, in decisions related to 6 the provision of assistive technology devices and 7 assistive technology services; 8 ‘‘(E) increase and promote coordination 9 among State agencies, between State and local 10 agencies, among local agencies, and between 11 State and local agencies and private entities 12 (such as managed care providers), that are in- 13 volved or are eligible to be involved in carrying 14 out activities under this Act; 15 ‘‘(F) increase the awareness and facilitate 16 the change of laws, regulations, policies, prac- 17 tices, procedures, and organizational structures, 18 that facilitate the availability or provision of as- 19 sistive technology devices and assistive tech- 20 nology services; and 21 ‘‘(G) increase awareness and knowledge of 22 the benefits of assistive technology devices and 23 assistive technology services among individuals 24 with disabilities and their families, older indi- 25 VerDate Sep 11 2014 18:29 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1835.IS S1835 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1835 IS viduals and their families, and the general pop- 1 ulation; and 2 ‘‘(2) to provide States and protection and advo- 3 cacy systems with financial assistance that supports 4 programs designed to maximize the ability of indi- 5 viduals with disabilities and their family members, 6 guardians, advocates, and authorized representatives 7 to obtain assistive technology devices and assistive 8 technology services. 9 ‘‘SEC. 3. DEFINITIONS. 10 ‘‘In this Act: 11 ‘‘(1) ADULT SERVICE PROGRAM.—The term 12 ‘adult service program’ means a program that pro- 13 vides services to, or is otherwise substantially in- 14 volved with the major life functions of, individuals 15 with disabilities. Such term includes— 16 ‘‘(A) a program providing residential, sup- 17 portive, or employment services, or employment- 18 related services, to individuals with disabilities; 19 ‘‘(B) a program carried out by a center for 20 independent living, such as a center described 21 in part C of title VII of the Rehabilitation Act 22 of 1973 (29 U.S.C. 796f et seq.); 23 ‘‘(C) a program carried out by an employ- 24 ment support agency connected to adult voca- 25 VerDate Sep 11 2014 18:29 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1835.IS S1835 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1835 IS tional rehabilitation, such as a one-stop partner, 1 as defined in section 3 of the Workforce Inno- 2 vation and Opportunity Act (29 U.S.C. 3102); 3 and 4 ‘‘(D) a program carried out by another or- 5 ganization or vender licensed or registered by 6 the designated State agency, as defined in sec- 7 tion 7 of the Rehabilitation Act of 1973 (29 8 U.S.C. 705). 9 ‘‘(2) AMERICAN INDIAN CONSORTIUM.—The 10 term ‘American Indian consortium’ means an entity 11 that is an American Indian Consortium (as defined 12 in section 102 of the Developmental Disabilities As- 13 sistance and Bill of Rights Act of 2000 (42 U.S.C. 14 15002)), and that is established to provide protec- 15 tion and advocacy services for purposes of receiving 16 funding under subtitle C of title I of such Act (42 17 U.S.C. 15041 et seq.). 18 ‘‘(3) ASSISTIVE TECHNOLOGY.—The term ‘as- 19 sistive technology’ means technology designed to be 20 utilized in an assistive technology device or assistive 21 technology service. 22 ‘‘(4) ASSISTIVE TECHNOLOGY DEVICE.—The 23 term ‘assistive technology device’ means any item, 24 piece of equipment, or product system, whether ac- 25 VerDate Sep 11 2014 18:29 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1835.IS S1835 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 1835 IS quired commercially, modified, or customized, that is 1 used to increase, maintain, or improve functional ca- 2 pabilities of individuals with disabilities. 3 ‘‘(5) ASSISTIVE TECHNOLOGY SERVICE.—The 4 term ‘assistive technology service’ means any service 5 that directly assists an individual with a disability in 6 the selection, acquisition, or use of an assistive tech- 7 nology device. Such term includes— 8 ‘‘(A) the evaluation of the assistive tech- 9 nology needs of an individual with a disability, 10 including a functional evaluation of the impact 11 of the provision of appropriate assistive tech- 12 nology and appropriate services to the indi- 13 vidual in the customary environment of the in- 14 dividual; 15 ‘‘(B) a service consisting of purchasing, 16 leasing, or otherwise providing for the acquisi- 17 tion of assistive technology devices by individ- 18 uals with disabilities; 19 ‘‘(C) a service consisting of selecting, de- 20 signing, fitting, customizing, adapting, apply- 21 ing, maintaining, repairing, replacing, or donat- 22 ing assistive technology devices; 23 ‘‘(D) coordination and use of necessary 24 therapies, interventions, or services with assist- 25 VerDate Sep 11 2014 18:29 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1835.IS S1835 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 1835 IS ive technology devices, such as therapies, inter- 1 ventions, or services associated with education 2 and rehabilitation plans and programs; 3 ‘‘(E) training or technical assistance for an 4 individual with a disability or, where appro- 5 priate, the family members, guardians, advo- 6 cates, or authorized representatives of such an 7 individual; 8 ‘‘(F) training or technical assistance for 9 professionals (including individuals providing 10 education and rehabilitation services and enti- 11 ties that manufacture or sell assistive tech- 12 nology devices), employers, providers of employ- 13 ment and training services, or other individuals 14 who provide services to, employ, or are other- 15 wise substantially involved in the major life 16 functions of individuals with disabilities; and 17 ‘‘(G) a service consisting of expanding the 18 availability of access to technology, including 19 electronic and information technology, to indi- 20 viduals with disabilities. 21 ‘‘(6) CAPACITY BUILDING AND ADVOCACY AC- 22 TIVITIES.—The term ‘capacity building and advo- 23 cacy activities’ means efforts that— 24 VerDate Sep 11 2014 18:29 Jun 17, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1835.IS S1835 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 1835 IS ‘‘(A) result in laws, regulations, policies, 1 practices, procedures, or organizational struc- 2 tures that promote c [Text truncated for display. 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