I 

118TH CONGRESS 

1ST SESSION H. R. 5705 

To support national training, technical assistance, and resource centers, to 

ensure that all individuals with significant expressive communication disabilities have access to the augmentative and alternative communication 

the individuals need to interact with others, in order to learn, work, 

socialize, and take advantage of all aspects of life in the United States. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 26, 2023 

Mrs. DINGELL (for herself and Mr. DESAULNIER) introduced the following 

bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To support national training, technical assistance, and resource centers, to ensure that all individuals with significant expressive communication disabilities have access 

to the augmentative and alternative communication the 

individuals need to interact with others, in order to learn, 

work, socialize, and take advantage of all aspects of 

life in the United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 5705 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Augmentative and Al3 ternative Communication Centers of Excellence and Na4 tional Technical Assistance Act’’ or the ‘‘AACCENT Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress makes the following findings: 

7 (1) Communication is a basic human need and 

8 fundamental right, and is essential to self-deter9 mination, social inclusion, and emotional and phys10 ical well-being. In enacting a provision of the Ameri11 cans with Disabilities Act of 1990 (referred to in 

12 this section as the ‘‘ADA’’), Congress recognized 

13 that ‘‘physical or mental disabilities in no way di14 minish a person’s right to fully participate in all as15 pects of society,’’ and that ‘‘the discriminatory ef16 fects of communication barriers’’ are a form of dis17 crimination. 

18 (2) Three decades after the passage of the 

19 ADA, Americans with significant expressive commu20 nication disabilities still experience discrimination in 

21 the form of communication barriers, institutionaliza22 tion, segregation, and relegation to lesser services, 

23 programs, activities, benefits, jobs, or other opportu24 nities compared to Americans without significant ex25 pressive communication disabilities. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•HR 5705 IH

1 (3) Data about augmentative and alternative 

2 communication is lacking, but it is estimated there 

3 are at least 4,000,000 people in the United States 

4 who cannot reliably meet their daily communication 

5 needs using natural speech. 

6 (4) The population of individuals with signifi7 cant expressive communication difficulties is at sub8 stantial risk for limited education, unemployment, 

9 poor health outcomes, poverty, and low quality of 

10 life. 

11 (5) People can acquire a significant expressive 

12 communication disability and need augmentative and 

13 alternative communication as a result of many 

14 health and developmental conditions at all stages of 

15 life. 

16 (6) Research indicates that individuals who be17 long to racial or ethnic minority communities face a 

18 greater likelihood of being born with or acquiring ex19 pressive communication disabilities, as well as added 

20 difficulties in obtaining intervention services, includ21 ing augmentative and alternative communication. 

22 (7) Individuals with significant expressive com23 munication disabilities, schools, families, employers, 

24 direct support providers, health care providers, the 

25 justice system, and the general public need more inVerDate Sep 11 2014 23:30 Nov 17, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705

kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•HR 5705 IH

1 formation about how to effectively deploy, imple2 ment, and ensure continued access to robust commu3 nication tools, services, and other supports for indi4 viduals with significant expressive communication 

5 disabilities. 

6 (8) The lived experiences and writings of indi7 viduals with significant expressive communication 

8 disabilities demonstrate the positive impact aug9 mentative and alternative communication has on 

10 their lives. These lived experiences and writings also 

11 illustrate the harm that results from denying aug12 mentative and alternative communication to those 

13 who need it. 

14 (9) The leadership of individuals with signifi15 cant expressive communication disabilities is critical 

16 in crafting and implementing effective policies and 

17 programs affecting their lives, including policies and 

18 programs regarding augmentative and alternative 

19 communication. 

20 (10) The freedoms of expression, and to be un21 derstood, are essential to both democracy and to in22 dividual well-being. Individuals with significant ex23 pressive communication disabilities must be afforded 

24 equal rights, opportunities, strategies, technologies, 

25 services, and other supports to effectively express 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•HR 5705 IH

1 themselves and participate in their communities and 

2 in democracy. 

3 SEC. 3. PURPOSE. 

4 The purpose of this Act is to work toward eliminating 

5 the continued discrimination, isolation, marginalization, 

6 and denial of equal opportunity of individuals with signifi7 cant expressive communication disabilities by providing for 

8 comprehensive national training, technical assistance, and 

9 resource centers to improve— 

10 (1) access to a full range of augmentative and 

11 alternative communication; 

12 (2) access to equal opportunity; 

13 (3) awareness and implementation of relevant 

14 laws, policies, and practices; 

15 (4) leadership and self-advocacy skills; 

16 (5) capacity, in the case of individuals with sig17 nificant expressive communication disabilities, edu18 cators, professionals, and families; 

19 (6) national statistical data; and 

20 (7) societal awareness. 

21 SEC. 4. DEFINITIONS. 

22 In this Act: 

23 (1) ADVISORY COUNCIL.—The term ‘‘advisory 

24 council’’ means an 11-person advisory council that— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•HR 5705 IH

1 (A) provides guidance, recommendations, 

2 and oversight to an eligible entity; 

3 (B) is comprised exclusively of individuals 

4 with significant expressive communication dis5 abilities who collectively have diverse— 

6 (i) educational and professional back7 grounds; 

8 (ii) racial, ethnic, gender, and lin9 guistic identities; 

10 (iii) disabilities, including intellectual 

11 disabilities, ages, and geographic locations; 

12 (iv) levels of income; and 

13 (v) forms of augmentative and alter14 native communication relied upon; and 

15 (C) is subject to each of the following con16 ditions: 

17 (i) The initial council members shall 

18 be identified in the grant application by 

19 the partners of the eligible entity. 

20 (ii) Each member of the advisory 

21 council shall be appointed for a period of 

22 5 years. 

23 (iii) The Chair and Vice Chair of the 

24 council shall be selected by the council 

25 members at the first meeting and thereVerDate Sep 11 2014 23:30 Nov 17, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705

kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•HR 5705 IH

1 after as the council determines to be ap2 propriate. 

3 (iv) The council shall fill any vacancy 

4 in accordance with section 7(b)(8)(C). 

5 (2) AUGMENTATIVE AND ALTERNATIVE COMMU6 NICATION.—The term ‘‘augmentative and alternative 

7 communication’’ means any tool, method, tech8 nology, strategy, service, training, coaching, and 

9 other support used to supplement or replace speech. 

10 (3) COMPETITIVE INTEGRATED EMPLOY11 MENT.—The term ‘‘competitive integrated employ12 ment’’ has the meaning given the term in section 7 

13 of the Rehabilitation Act of 1973 (29 U.S.C. 705). 

14 (4) DISABILITY.—The term ‘‘disability’’ has the 

15 meaning given the term in section 3 of the Ameri16 cans with Disabilities Act of 1990 (42 U.S.C. 

17 12102). 

18 (5) ELIGIBLE ENTITY.—The term ‘‘eligible enti19 ty’’ means a partnership of at least 2 organiza20 tions— 

21 (A) for which the controlling partner of the 

22 partnership is a nonprofit organization 

23 headquartered in the United States that vests 

24 power and authority in individuals with signifi25 cant expressive communication disabilities in 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•HR 5705 IH

1 terms of management, staffing, decision mak2 ing, operation, and provision of services; 

3 (B) that includes at least one other organi4 zation headquartered in the United States that 

5 is either an institution of higher education or 

6 an association of professional service providers 

7 or educators in the field of significant expres8 sive communication disabilities; 

9 (C) that has a cross-disability and cross10 generational focus; 

11 (D) that is advised by an advisory council; 

12 (E) that has adopted a mission that values 

13 equal opportunity and the fundamental right of 

14 communication access, and operating principles 

15 that respect the rights of individuals with sig16 nificant expressive communication disabilities to 

17 express themselves in the manner of their 

18 choosing; and 

19 (F) of which the organizational members, 

20 collectively— 

21 (i) have knowledge, experience, and 

22 capacity in conducting training, technical 

23 assistance, or knowledge dissemination re24 lated to the priority activities described in 

25 section 6; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•HR 5705 IH

1 (ii) have experience working directly 

2 with individuals with significant expressive 

3 communication disabilities in association 

4 with— 

5 (I) early intervention programs, 

6 early childhood programs, elementary 

7 or secondary schools, or postsecondary 

8 education programs; or 

9 (II) 2 or more types of entities 

10 from among— 

11 (aa) centers for independent 

12 living authorized under part C of 

13 title VII of the Rehabilitation Act 

14 of 1973 (29 U.S.C. 796f et seq.); 

15 (bb) home and community16 based service providers; 

17 (cc) employers; 

18 (dd) health care providers; 

19 (ee) protection and advocacy 

20 organizations; 

21 (ff) aging networks; 

22 (gg) caregiver organizations; 

23 or 

24 (hh) State, Tribal, or local 

25 government agencies; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•HR 5705 IH

1 (iii) have experience developing and 

2 maintaining collaborative working relation3 ships among disability-led advocacy organi4 zations, institutions of higher education, 

5 professional associations, or caregiver orga6 nizations. 

7 (6) EVIDENCE-BASED.—The term ‘‘evidence8 based’’, used with respect to assistance that is 

9 knowledge, a resource, training, or technical assist10 ance, means assistance— 

11 (A) that demonstrates a rationale based on 

12 a high-quality research finding or positive eval13 uation that such assistance is likely to improve 

14 a communication outcome or other relevant out15 come; and 

16 (B) for which ongoing efforts are made to 

17 examine the effects of the assistance. 

18 (7) INDIVIDUAL WITH SIGNIFICANT EXPRES19 SIVE COMMUNICATION DISABILITIES.—The term ‘‘in20 dividual with significant expressive communication 

21 disabilities’’ means an individual of any age— 

22 (A) who has 1 or more real or perceived 

23 significant expressive communication disabilities 

24 and may have other disabilities; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•HR 5705 IH

1 (B) whose disabilities result in the individ2 ual’s need for, or benefit from, augmentative 

3 and alternative communication and other sup4 ports to enable the individual to communicate 

5 and to aid the individual in participating in 1 

6 or more aspects of life. 

7 (8) INSTITUTION OF HIGHER EDUCATION.—The 

8 term ‘‘institution of higher education’’ has the 

9 meaning given the term in section 101(a) of the 

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

11 (9) NATIONAL RESOURCE CENTER.—The term 

12 ‘‘national resource center’’ means a National Re13 source Center on Augmentative and Alternative 

14 Communication referred to in section 5(a). 

15 (10) SECRETARY.—The term ‘‘Secretary’’ 

16 means the Secretary of Health and Human Services. 

17 (11) SIGNIFICANT EXPRESSIVE COMMUNICA18 TION DISABILITY.— 

19 (A) IN GENERAL.—The term ‘‘significant 

20 expressive communication disability’’ means any 

21 disability, whether congenital, developmental, or 

22 acquired at any point in life, that prevents or 

23 significantly limits an individual from under24 standing or being understood using spoken 

25 words, resulting in the individual’s need for or 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•HR 5705 IH

1 benefit from augmentative and alternative com2 munication. 

3 (B) APPLICATION.—The term does not 

4 apply to an individual whose primary commu5 nication disability is visual or auditory in na6 ture, but does apply to an individual with a dis7 ability described in subparagraph (A) who also 

8 has a visual or auditory communication dis9 ability and who may communicate using sign 

10 language. 

11 (12) STATE.—The term ‘‘State’’ means the 50 

12 States, the District of Columbia, the Commonwealth 

13 of Puerto Rico, the United States Virgin Islands, 

14 Guam, American Samoa, and the Commonwealth of 

15 the Northern Mariana Islands. 

16 SEC. 5. GRANTS. 

17 (a) IN GENERAL.—The Secretary shall award 3 

18 grants through an open competition to eligible entities, 

19 with applications approved under section 7, to create, 

20 maintain, and administer a network of National Resource 

21 Centers on Augmentative and Alternative Communication. 

22 Each national resource center shall be a comprehensive 

23 training, technical assistance, and resource center created 

24 to work toward eliminating the continued discrimination 

25 against, isolation of, marginalization of, and denial of efVerDate Sep 11 2014 23:30 Nov 17, 2023 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705

kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•HR 5705 IH

1 fective communication for and equal opportunity of, indi2 viduals with significant expressive communication disabil3 ities, through activities including the priority activities de4 scribed in section 6. 

5 (b) AWARDS FOR MULTIPLE CENTERS.—The Sec6 retary shall award the grants for national resource centers 

7 in 3 geographically diverse locations, and shall designate 

8 one of the centers as the lead administrative center. 

9 (c) LEAD ADMINISTRATIVE CENTER.—The lead ad10 ministrative center shall coordinate— 

11 (1) all activities of the centers; 

12 (2) specialization of priorities among the cen13 ters; 

14 (3) dissemination of information among the 

15 centers; 

16 (4) responses of the centers to the Secretary; 

17 and 

18 (5) ensuring that the full range of individuals 

19 with significant expressive communication disabil20 ities is served by the centers. 

21 (d) AMOUNT.—The Secretary shall, to the extent 

22 practicable, award the 3 grants in amounts that total not 

23 more than $9,000,000 per year of a period described in 

24 subsection (e). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
14 

•HR 5705 IH

1 (e) PERIODS.—The Secretary shall award each grant 

2 for a period of 5 years, through an open competition held 

3 initially and at the end of each 5-year period. An eligible 

4 entity that receives a grant under this section may reapply 

5 for such a grant at the end of the grant period. 

6 SEC. 6. NATIONAL RESOURCE CENTER PRIORITY ACTIVI7 TIES. 

8 The priority activities of a national resource center 

9 shall be to— 

10 (1) increase access to and effective implementa11 tion of the full range of augmentative and alter12 native communication for all individuals with signifi13 cant expressive communication disabilities in the 

14 United States, regardless of age, race, ethnicity, 

15 gender, gender identity, LGBTQ+ status, immigra16 tion status, educational achievement, socioeconomic 

17 condition, primary language, nature or severity of 

18 disability, location of residence, and age of onset of 

19 the significant expressive communication disability; 

20 (2) increase the capacity of individuals with sig21 nificant expressive communication disabilities, edu22 cators, professional service providers, families, and 

23 direct support professionals to support individuals 

24 with significant expressive communication disabil25 ities by creating and disseminating evidence-based 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
15 

•HR 5705 IH

1 knowledge, resources, training and technical assist2 ance, and recommended practices in ensuring indi3 viduals with significant expressive communication 

4 disabilities have the tools and other supports nec5 essary to exercise self-determination and effectively 

6 access and participate in all aspects of life, including 

7 education, employment, health care, and community 

8 living; 

9 (3) promote awareness and implementation of 

10 the laws, regulations, policies, practices, procedures, 

11 and systems that facilitate access to the full range 

12 of augmentative and alternative communication and 

13 promote equal access and opportunity for individuals 

14 with significant expressive communication disabil15 ities; 

16 (4) support and enhance the skills and leader17 ship of individuals with significant expressive com18 munication disabilities and their families to advocate 

19 for the rights of the individuals to effective commu20 nication, education, self-determination, access to jus21 tice, and equal opportunity and participation in all 

22 aspects of life; 

23 (5) support the improved collection, availability, 

24 and dissemination of demographic and characteristic 

25 data, with a cross-disability and cross-generational 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
16 

•HR 5705 IH

1 focus, regarding individuals with significant expres2 sive communication disabilities in the United States, 

3 the barriers the individuals experience to meaningful 

4 access to augmentative and alternative communica5 tion, and the unmet communication support and 

6 other needs of this population; and 

7 (6) increase societal awareness and knowledge 

8 about individuals with significant expressive commu9 nication disabilities and the importance of, need for, 

10 benefits of, and rights to meaningful access to effec11 tive communication tools and other supports in all 

12 aspects of community and life. 

13 SEC. 7. APPLICATIONS. 

14 (a) IN GENERAL.—To be qualified to receive a grant 

15 under section 5, an eligible entity shall submit an applica16 tion to the Secretary at such time and in such manner 

17 as the Secretary may require. 

18 (b) CONTENTS.—Each such application from an eligi19 ble entity shall include, at a minimum, each of the fol20 lowing: 

21 (1) A description of the experience of each part22 ner organization in the entity in providing training, 

23 information, advocacy, and support related to aug24 mentative and alternative communication and indiVerDate Sep 11 2014 23:30 Nov 17, 2023 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705

kjohnson on DSK7ZCZBW3PROD with $$_JOB
17 

•HR 5705 IH

1 viduals with significant expressive communication 

2 disabilities. 

3 (2) A description of each partner organization’s 

4 experience in providing training, information, advo5 cacy, and support related to augmentative and alter6 native communication and to individuals with signifi7 cant expressive communication disabilities, to— 

8 (A) early intervention specialists; 

9 (B) elementary education, secondary edu10 cation, postsecondary education, and specialized 

11 instructional support personnel as defined in 

12 section 8101 of the Elementary and Secondary 

13 Education Act of 1965 (20 U.S.C. 7801); 

14 (C) caregiver groups; 

15 (D) providers of home and community16 based services for adults; 

17 (E) health care providers and educators; 

18 (F) employers; 

19 (G) providers of services to older adults; 

20 (H) law enforcement agencies, courts, of21 fices of district attorneys, and other public and 

22 private security agencies and businesses; 

23 (I) institutional long-term care services 

24 and support providers; 

25 (J) nursing home providers; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
18 

•HR 5705 IH

1 (K) other stakeholders. 

2 (3) A description of each partner organization’s 

3 experience working with State, local, or Tribal gov4 ernment agencies in providing training, information, 

5 and support related to augmentative and alternative 

6 communication for full expression and individuals 

7 with significant expressive communication disabil8 ities. 

9 (4) A description of each partner organization’s 

10 prior partnerships with disability-led organizations 

11 focused on augmentative and alternative communica12 tion and individuals with significant expressive com13 munication disabilities. 

14 (5) Evidence of how the applicant satisfies the 

15 requirements of section 4(5). 

16 (6) A description of the applicant’s plan to en17 sure that the applicant will provide training, tech18 nical assistance, and information to target audi19 ences, especially those audiences in need of knowl20 edge and access to augmentative and alternative 

21 communication. 

22 (7) A description of the applicant’s plan to im23 plement the priority activities in section 6, including 

24 how the organizational members of the eligible entity 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
19 

•HR 5705 IH

1 will partner, collaborate, and operationalize the ac2 tivities. 

3 (8) Advisory council information, including— 

4 (A) a description of the advisory council, 

5 including a list of the inaugural members of the 

6 advisory council; 

7 (B) an assurance that the Chair and Vice 

8 Chair of the advisory council will be selected by 

9 the advisory council members at the first meet10 ing of the advisory council and thereafter as the 

11 council determines to be appropriate; and 

12 (C) an assurance that, in filling a vacancy 

13 on the advisory council, the advisory council 

14 will— 

15 (i) solicit nominations from the popu16 lation of augmentative and alternative 

17 communication users; 

18 (ii) if there is not more than 1 nomi19 nee for the vacancy, confirm the nominee 

20 as a new member; and 

21 (iii) if there is more than 1 nominee 

22 for the vacancy, vote to determine the 

23 nominee to fill the vacancy and subse24 quently confirm the nominee. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
20 

•HR 5705 IH

1 (9) A description of how other individuals with 

2 significant expressive communication disabilities will 

3 be involved in the governance and operations of the 

4 national resource center involved, especially through 

5 employment of individuals with significant expressive 

6 communication disabilities. 

7 (10) A description of how the applicant will de8 sign and make training, technical assistance, and in9 formation available in accessible formats, including 

10 plain language. 

11 (11) Assurances that the applicant, acting 

12 through the national resource center, will work with 

13 the stakeholders identified in section 9(d). 

14 (12) Assurances that the applicant, acting 

15 through the national resource center, will provide the 

16 Secretary with requested data and information for 

17 purposes of evaluating the grant activities. 

18 SEC. 8. AWARD PRIORITY. 

19 In awarding grants for activities described in this 

20 Act, the Secretary shall give priority to an eligible entity 

21 with at least 1 partner organization that— 

22 (1) demonstrates a minimum of 3 years of ex23 perience providing training and technical assistance 

24 and disseminating information related to augment25 ative and alternative communication and individuals 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
21 

•HR 5705 IH

1 with significant expressive communication disabil2 ities, and being otherwise engaged in the priority ac3 tivities described in section 6; 

4 (2) demonstrates that individuals with signifi5 cant expressive communication disabilities and those 

6 who use augmentative and alternative communica7 tion are purposefully involved in the governance and 

8 operation of the organization, especially through 

9 their employment in service, delivery, and leadership 

10 positions; 

11 (3) demonstrates the ability to collaborate with 

12 disability self-advocacy, education, direct service, 

13 health care, employment, aging, caregiver, and hous14 ing organizations, whether the organizations are 

15 public agencies or private entities; and 

16 (4) demonstrates expertise in promoting acces17 sibility and the use of universal design (the latter as 

18 defined in section 103 of the Higher Education Act 

19 of 1965 (20 U.S.C. 1003)) in providing training and 

20 technical assistance, and information dissemination. 

21 SEC. 9. USE OF FUNDS. 

22 (a) IN GENERAL.—An eligible entity that receives a 

23 grant under section 5 shall use the grant funds to manage 

24 and carry out each of the priority activities described in 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
22 

•HR 5705 IH

1 section 6, activities described in this section, and any addi2 tional activities approved by the Secretary. 

3 (b) COORDINATION WITH FEDERAL PROGRAMS.— 

4 The work of a national resource center shall link to cur5 rent and future policy and activities undertaken through6 out the Federal Government in relation to self-advocacy, 

7 supported decision making, person-centered planning, 

8 community living, and competitive integrated employment 

9 for individuals with disabilities and particularly for indi10 viduals with the most significant expressive communica11 tion disabilities, for the purpose of increasing— 

12 (1) success and self-determination in life; 

13 (2) the provision of inclusive early intervention 

14 services, elementary education, secondary education, 

15 and postsecondary education programs; 

16 (3) competitive integrated employment; 

17 (4) health, wellness, and personal safety; 

18 (5) economic security; 

19 (6) civic engagement; 

20 (7) community integration; and 

21 (8) improvement in other aspects of life. 

22 (c) INFORMATION DISSEMINATION.—Notwith23 standing the priority activities described in section 6, a 

24 national resource center shall ensure information and 

25 other resources about augmentative and alternative comVerDate Sep 11 2014 23:30 Nov 17, 2023 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705

kjohnson on DSK7ZCZBW3PROD with $$_JOB
23 

•HR 5705 IH

1 munication and individuals with significant expressive 

2 communication disabilities are made available as appro3 priate to— 

4 (1) individuals with significant expressive com5 munication disabilities and their families; 

6 (2) institutions of higher education; 

7 (3) State, Tribal, and local educational agen8 cies; 

9 (4) law enforcement agencies, courts, offices of 

10 district attorneys, and other public and private secu11 rity agencies and businesses; 

12 (5) national, State, regional, Tribal, and local 

13 employers, to enable businesses to hire into competi14 tive integrated employment more individuals who use 

15 augmentative and alternative communication; 

16 (6) national, State, Tribal, and local govern17 ment agencies that provide services and other sup18 ports to individuals with significant expressive com19 munication disabilities, including agencies respon20 sible for emergency preparedness, employment sup21 port, and vocational rehabilitation, agencies respon22 sible for State programs under the Assistive Tech23 nology Act of 1988 (29 U.S.C. 3001 et seq.), agen24 cies responsible for State alternative financing pro25 grams, State agencies responsible for the Medicaid 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
24 

•HR 5705 IH

1 program under title XIX of the Social Security Act 

2 (42 U.S.C. 1396 et seq.), and the agencies over3 seeing the provision of home and community-based 

4 services; 

5 (7) national and local disability and aging advo6 cacy organizations, including disability self-advocacy 

7 organizations; 

8 (8) family support organizations, including the 

9 parent training and information centers supported 

10 under section 671 of the Individuals with Disabilities 

11 Education Act (20 U.S.C. 1471); 

12 (9) centers for independent living and Statewide 

13 Independent Living Councils authorized by title VII 

14 of the Rehabilitation Act of 1973 (29 U.S.C. 796 et 

15 seq.); 

16 (10) network partners, including the State 

17 Councils on Developmental Disabilities described in 

18 section 125 of the Developmental Disabilities Assist19 ance and Bill of Rights Act of 2000 (42 U.S.C. 

20 15025), the protection and advocacy systems de21 scribed in section 143 of that Act (42 U.S.C. 

22 15043), and University Centers for Excellence in 

23 Developmental Disabilities Education, Research, and 

24 Services supported under subtitle D of title I of that 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
25 

•HR 5705 IH

1 Act (42 U.S.C. 15061 et seq.), participating in ac2 tivities under that Act (42 U.S.C. 15001 et seq.); 

3 (11) State agencies and area agencies on aging, 

4 entities carrying out long-term care ombudsman pro5 grams, and other entities funded under the Older 

6 Americans Act of 1965 (42 U.S.C. 3001 et seq.); 

7 (12) health care providers and educators, health 

8 care advocacy organizations, nursing home pro9 viders, and institutional long-term care facilities; 

10 (13) professional organizations and organiza11 tions that certify preservice training programs; and 

12 (14) other groups and entities as identified by 

13 the eligible entity and the advisory council of the eli14 gible entity. 

15 (d) STAKEHOLDER COLLABORATION.—A national re16 source center shall collaborate with— 

17 (1) organizations of individuals with significant 

18 expressive communication disabilities; 

19 (2) disability organizations; 

20 (3) entities carrying out State assistive tech21 nology programs and State alternative financing pro22 grams; 

23 (4) State, Tribal, and local educational agen24 cies; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
26 

•HR 5705 IH

1 (5) the councils, systems, and university centers 

2 described in subsection (c)(10); 

3 (6) entities carrying out national, State, Tribal 

4 and Native Hawaiian, and local programs authorized 

5 by the Older Americans Act of 1965; 

6 (7) the federally funded Rehabilitation Engi7 neering Research Center on Augmentative and Al8 ternative Communication; 

9 (8) State agencies responsible for vocational re10 habilitation programs, as defined in section 3 of the 

11 Workforce Innovation and Opportunity Act (29 

12 U.S.C. 3102); 

13 (9) professional associations whose members 

14 come in contact with and support individuals who 

15 may use augmentative and alternative communica16 tion; 

17 (10) local boards, as defined in section 3 of the 

18 Workforce Innovation and Opportunity Act (29 

19 U.S.C. 3102); and 

20 (11) other State, regional, Tribal, and local en21 tities with the ability to provide support for individ22 uals who need and use augmentative and alternative 

23 communication. 

24 (e) LIMITATION.—A national resource center that re25 ceives grant funds under section 5 for a fiscal year shall 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
27 

•HR 5705 IH

1 use not more than 15 percent of the funds for the adminis2 trative costs of carrying out activities under this Act. 

3 SEC. 10. ANNUAL REPORT. 

4 (a) PREPARATION.—The lead administrative center 

5 referred to in section 5(b), in coordination with the other 

6 national resource centers that receive grant funds under 

7 section 5, shall annually prepare a report containing, con8 sistent with criteria established by the Secretary, informa9 tion on— 

10 (1) activities conducted by each national re11 source center funded under section 5 to achieve the 

12 purpose of this Act; 

13 (2) collaboration by each such national resource 

14 center with other entities to achieve the purposes of 

15 this Act; 

16 (3) barriers to and strategies for equitable ac17 cess to augmentative and alternative communication 

18 and other supports for individuals who belong to ra19 cial, ethnic, and linguistic minority communities and 

20 face a greater likelihood of being born with or ac21 quiring significant expressive communication disabil22 ities as well as added difficulties in obtaining effec23 tive augmentative and alternative communication; 

24 (4) identified gaps in available demographic and 

25 characteristic data on individuals with significant exVerDate Sep 11 2014 23:30 Nov 17, 2023 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705

kjohnson on DSK7ZCZBW3PROD with $$_JOB
28 

•HR 5705 IH

1 pressive communication disabilities in the United 

2 States; and 

3 (5) the unmet needs of individuals with signifi4 cant expressive communication disabilities, from di5 verse backgrounds, in the United States and policy 

6 recommendations to address such unmet needs. 

7 (b) SUBMISSION.—The lead administrative center 

8 shall submit the report to— 

9 (1) the Secretary; 

10 (2) the Secretary of Education; 

11 (3) the relevant subcommittees of the Com12 mittee on Health, Education, Labor, and Pensions 

13 of the Senate, the Special Committee on Aging of 

14 the Senate, and the Committee on Education and 

15 the Workforce of the House of Representatives; and 

16 (4) the Subcommittee on Labor, Health and 

17 Human Services, Education, and Related Agencies 

18 of the Committee on Appropriations of the Senate, 

19 and the Subcommittee on Labor, Health and 

20 Human Services, Education, and Related Agencies 

21 of the Committee on Appropriations of the House of 

22 Representatives. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
29 

•HR 5705 IH

1 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to carry out 

3 this Act $9,000,000 for each of fiscal years 2024 through 

4 2028. 

5 SEC. 12. SHORT TITLE. 

6 This Act may be cited as the ‘‘Nogales Wastewater 

7 Improvement Act of 2023’’. 

8 SEC. 13. NOGALES WASTEWATER IMPROVEMENT. 

9 (a) AMENDMENT TO THE ACT OF JULY 27, 1953.— 

10 The first section of the Act of July 27, 1953 (67 Stat. 

11 195, chapter 242; 22 U.S.C. 277d–10), is amended by 

12 striking the period at the end and inserting ‘‘: Provided 

13 further, That the equitable portion of the Nogales sanita14 tion project for the city of Nogales, Arizona, shall be lim15 ited to the costs directly associated with the treatment and 

16 conveyance of the wastewater of the city and, to the extent 

17 practicable, shall not include any costs directly associated 

18 with the quality or quantity of wastewater originating in 

19 Mexico.’’. 

20 (b) NOGALES SANITATION PROJECT.— 

21 (1) DEFINITIONS.—In this subsection: 

22 (A) CITY.—The term ‘‘City’’ means the 

23 City of Nogales, Arizona. 

24 (B) COMMISSION.—The term ‘‘Commis25 sion’’ means the United States Section of the 

26 International Boundary and Water Commission. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
30 

•HR 5705 IH

1 (C) INTERNATIONAL OUTFALL INTER2 CEPTOR.—The term ‘‘International Outfall In3 terceptor’’ means the pipeline that conveys 

4 wastewater from the United States-Mexico bor5 der to the Nogales International Wastewater 

6 Treatment Plant. 

7 (D) NOGALES INTERNATIONAL WASTE8 WATER TREATMENT PLANT.—The term 

9 ‘‘Nogales International Wastewater Treatment 

10 Plant’’ means the wastewater treatment plant 

11 that— 

12 (i) is operated by the Commission; 

13 (ii) is located in Rio Rico, Santa Cruz 

14 County, Arizona, after manhole 99; and 

15 (iii) treats sewage and wastewater 

16 originating from— 

17 (I) Nogales, Sonora, Mexico; and 

18 (II) Nogales, Arizona. 

19 (2) OWNERSHIP AND CONTROL.— 

20 (A) IN GENERAL.—Subject to subpara21 graph (B) and in accordance with authority 

22 under the Act of July 27, 1953 (67 Stat. 195, 

23 chapter 242; 22 U.S.C. 277d–10 et seq.), on 

24 transfer by donation from the City of the cur25 rent stake of the City in the International OutVerDate Sep 11 2014 23:30 Nov 17, 2023 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705

kjohnson on DSK7ZCZBW3PROD with $$_JOB
31 

•HR 5705 IH

1 fall Interceptor to the Commission, the Com2 mission shall enter into such agreements as are 

3 necessary to assume full ownership and control 

4 over the International Outfall Interceptor. 

5 (B) AGREEMENTS REQUIRED.—The Com6 mission shall assume full ownership and control 

7 over the International Outfall Interceptor under 

8 subparagraph (A) after all applicable governing 

9 bodies in the State of Arizona, including the 

10 City, have— 

11 (i) signed memoranda of under12 standing granting to the Commission ac13 cess to existing easements for a right of 

14 entry to the International Outfall Inter15 ceptor for the life of the International Out16 fall Interceptor; 

17 (ii) entered into an agreement with re18 spect to the flows entering the Inter19 national Outfall Interceptor that are con20 trolled by the City; and 

21 (iii) agreed to work in good faith to 

22 expeditiously enter into such other agree23 ments as are necessary for the Commission 

24 to operate and maintain the International 

25 Outfall Interceptor. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
32 

•HR 5705 IH

1 (3) OPERATIONS AND MAINTENANCE.— 

2 (A) IN GENERAL.—Beginning on the date 

3 on which the Commission assumes full owner4 ship and control of the International Outfall In5 terceptor under paragraph (2)(A), but subject 

6 to paragraph (5), the Commission shall be re7 sponsible for the operations and maintenance of 

8 the International Outfall Interceptor. 

9 (B) AUTHORIZATION OF APPROPRIA10 TIONS.—There are authorized to be appro11 priated to the Commission to carry out this 

12 paragraph, to remain available until ex13 pended— 

14 (i) $6,500,000 for fiscal year 2025; 

15 and 

16 (ii) not less than $2,500,000 for fiscal 

17 year 2026 and each fiscal year thereafter. 

18 (4) DEBRIS SCREEN.— 

19 (A) DEBRIS SCREEN REQUIRED.— 

20 (i) IN GENERAL.—The Commission 

21 shall construct, operate, and maintain a 

22 debris screen at Manhole One of the Inter23 national Outfall Interceptor for inter24 cepting debris and drug bundles coming to 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
33 

•HR 5705 IH

1 the United States from Nogales, Sonora, 

2 Mexico. 

3 (ii) REQUIREMENT.—In constructing 

4 and operating the debris screen under 

5 clause (i), the Commission and the Com6 missioner of U.S. Customs and Border 

7 Protection shall coordinate— 

8 (I) the removal of drug bundles 

9 and other illicit goods caught in the 

10 debris screen; and 

11 (II) other operations at the Inter12 national Outfall Interceptor that re13 quire coordination. 

14 (B) AUTHORIZATION OF APPROPRIA15 TIONS.—There are authorized to be appro16 priated to the Commission, to remain available 

17 until expended— 

18 (i) for fiscal year 2025— 

19 (I) $8,000,000 for construction 

20 of the debris screen described in sub21 paragraph (A)(i); and 

22 (II) not less than $1,000,000 for 

23 the operations and maintenance of the 

24 debris screen described in subpara25 graph (A)(i); and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
34 

•HR 5705 IH

1 (ii) not less than $1,000,000 for fiscal 

2 year 2026 and each fiscal year thereafter 

3 for the operations and maintenance of the 

4 debris screen described in subparagraph 

5 (A)(i). 

6 (5) LIMITATION OF CLAIMS.—Chapter 171 and 

7 section 1346(b) of title 28, United States Code 

8 (commonly known as the ‘‘Federal Tort Claims 

9 Act’’), shall not apply to any claim arising from the 

10 activities of the Commission in carrying out this 

11 subsection, including any claim arising from dam12 ages that result from overflow of the International 

13 Outfall Interceptor due to excess inflow to the Inter14 national Outfall Interceptor originating from 

15 Nogales, Sonora, Mexico. 

16 (c) EFFECTIVE DATE.—This section (including the 

17 amendments made by this section) takes effect on October 

18 1, 2024. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB