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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘21st Century Assistive 
Technology Act’’. 
SEC. 2. REAUTHORIZATION. 
The Assistive Technology Act of 1998 (29 U.S.C. 
3001 et seq.) is amended to read as follows: 
‘‘SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 
‘‘(a) SHORT TITLE.—This Act may be cited as the 
‘Assistive Technology Act of 1998’. 
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‘‘(b) TABLE OF CONTENTS.—The table of contents 
of this Act is as follows: 
‘‘Sec. 1. Short title; table of contents. 
‘‘Sec. 2. Purposes. 
‘‘Sec. 3. Definitions. 
‘‘Sec. 4. Grants for State assistive technology programs. 
‘‘Sec. 5. Grants for protection and advocacy services related to assistive 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. 
‘‘SEC. 2. PURPOSES. 
‘‘The purposes of this Act are— 
‘‘(1) to support State efforts to improve the 
provision of assistive technology to individuals with 
disabilities of all ages, including older individuals, 
through comprehensive statewide programs of tech-
nology-related assistance that are designed to— 
‘‘(A) increase the availability of, funding 
for, access to, provision of, and education about 
assistive technology devices and assistive tech-
nology services; 
‘‘(B) increase the ability of individuals 
with disabilities to secure and maintain posses-
sion of assistive technology devices as such indi-
viduals make the transition between services of-
fered by educational or human service agencies 
or between settings of daily living (for example, 
between home and work); 
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‘‘(C) increase the capacity of public agen-
cies and private entities to provide and pay for 
assistive technology devices and assistive tech-
nology services on a statewide basis for individ-
uals with disabilities; 
‘‘(D) increase the involvement of individ-
uals with disabilities and, if appropriate, their 
family members, guardians, advocates, and au-
thorized representatives, in decisions related to 
the provision of assistive technology devices and 
assistive technology services; 
‘‘(E) increase and promote coordination 
among and between State and local agencies 
and private entities (such as managed care pro-
viders), that are involved or are eligible to be 
involved in carrying out activities under this 
Act; 
‘‘(F) increase the awareness and facilitate 
the change of laws, regulations, policies, prac-
tices, procedures, and organizational structures 
that facilitate the availability or provision of as-
sistive technology devices and assistive tech-
nology services; and 
‘‘(G) increase awareness and knowledge of 
the benefits of assistive technology devices and 
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assistive technology services among targeted in-
dividuals and entities and the general popu-
lation; and 
‘‘(2) to provide States and protection and advo-
cacy systems with financial assistance that supports 
programs designed to maximize the ability of indi-
viduals with disabilities and their family members, 
guardians, advocates, and authorized representatives 
to obtain assistive technology devices and assistive 
technology services. 
‘‘SEC. 3. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) ADULT
SERVICE
PROGRAM.—The term 
‘adult service program’ means a program that pro-
vides services to, or is otherwise substantially in-
volved with the major life functions of, individuals 
with disabilities. Such term includes— 
‘‘(A) a program providing residential, sup-
portive, or employment-related services, to indi-
viduals with disabilities; 
‘‘(B) a program carried out by a center for 
independent living, such as a center described 
in part C of title VII of the Rehabilitation Act 
of 1973 (29 U.S.C. 796f et seq.); 
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‘‘(C) a program carried out by an employ-
ment support agency connected to adult voca-
tional rehabilitation, such as a one-stop partner, 
as defined in section 3 of the Workforce Inno-
vation and Opportunity Act (29 U.S.C. 3102); 
and 
‘‘(D) a program carried out by another or-
ganization or vender licensed or registered by 
the designated State agency, as defined in sec-
tion 7 of the Rehabilitation Act of 1973 (29 
U.S.C. 705). 
‘‘(2) AMERICAN
INDIAN
CONSORTIUM.—The 
term ‘American Indian consortium’ means an entity 
that is an American Indian Consortium (as defined 
in section 102 of the Developmental Disabilities As-
sistance and Bill of Rights Act of 2000 (42 U.S.C. 
15002)), and that is established to provide protec-
tion and advocacy services for purposes of receiving 
funding under subtitle C of title I of such Act (42 
U.S.C. 15041 et seq.). 
‘‘(3) ASSISTIVE TECHNOLOGY.—The term ‘as-
sistive technology’ means technology designed to be 
utilized in an assistive technology device or assistive 
technology service. 
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‘‘(4) ASSISTIVE
TECHNOLOGY
DEVICE.—The 
term ‘assistive technology device’ means any item, 
piece of equipment, or product system, whether ac-
quired commercially, modified, or customized, that is 
used to increase, maintain, or improve functional ca-
pabilities of individuals with disabilities. 
‘‘(5) ASSISTIVE
TECHNOLOGY
SERVICE.—The 
term ‘assistive technology service’ means any service 
that directly assists an individual with a disability in 
the selection, acquisition, or use of an assistive tech-
nology device. Such term includes— 
‘‘(A) the evaluation of the assistive tech-
nology needs of an individual with a disability, 
including a functional evaluation of the impact 
of the provision of appropriate assistive tech-
nology devices and services to the individual in 
the customary environment of the individual; 
‘‘(B) a service consisting of purchasing, 
leasing, or otherwise providing for the acquisi-
tion of assistive technology devices by individ-
uals with disabilities; 
‘‘(C) a service consisting of selecting, de-
signing, fitting, customizing, adapting, apply-
ing, maintaining, repairing, replacing, or donat-
ing assistive technology devices; 
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‘‘(D) coordination and use of necessary 
therapies, interventions, or services with assist-
ive technology devices, such as therapies, inter-
ventions, or services associated with education 
and rehabilitation plans and programs; 
‘‘(E) education or technical assistance for 
an individual with a disability or, where appro-
priate, the family members, guardians, advo-
cates, or authorized representatives of such an 
individual; 
‘‘(F) education or technical assistance for 
professionals (including individuals providing 
education and rehabilitation services and enti-
ties that manufacture or sell assistive tech-
nology devices), employers, providers of employ-
ment and training services, or other individuals 
who provide services to, employ, or are other-
wise substantially involved in the major life 
functions of individuals with disabilities; and 
‘‘(G) a service consisting of expanding the 
availability of access to technology, including 
electronic and information technology, to indi-
viduals with disabilities. 
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‘‘(6) CAPACITY BUILDING AND ADVOCACY AC-
TIVITIES.—The term ‘capacity building and advo-
cacy activities’ means efforts that— 
‘‘(A) result in laws, regulations, policies, 
practices, procedures, or organizational struc-
tures that promote consumer-responsive pro-
grams or entities; and 
‘‘(B) facilitate and increase access to, pro-
vision of, and funding for assistive technology 
devices and assistive technology services, in 
order to empower individuals with disabilities to 
achieve greater independence, productivity, and 
integration and inclusion within the community 
and the workforce. 
‘‘(7) COMPREHENSIVE STATEWIDE PROGRAM OF 
TECHNOLOGY-RELATED
ASSISTANCE.—The 
term 
‘comprehensive statewide program of technology-re-
lated assistance’ means a consumer-responsive pro-
gram of technology-related assistance for individuals 
with disabilities that— 
‘‘(A) is implemented by a State; 
‘‘(B) is equally available to all individuals 
with disabilities residing in the State, regardless 
of their type of disability, age, income level, or 
location of residence in the State, or the type 
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of assistive technology device or assistive tech-
nology service required; and 
‘‘(C) incorporates all the activities de-
scribed in section 4(e) (unless excluded pursu-
ant to section 4(e)(6)). 
‘‘(8) CONSUMER-RESPONSIVE.—The term ‘con-
sumer-responsive’— 
‘‘(A) with regard to policies, means that 
the policies are consistent with the principles 
of— 
‘‘(i) respect for individual dignity, per-
sonal responsibility, self-determination, and 
pursuit of meaningful careers, based on in-
formed choice, of individuals with disabil-
ities; 
‘‘(ii) respect for the privacy, rights, 
and equal access (including the use of ac-
cessible formats) of such individuals; 
‘‘(iii) inclusion, integration, and full 
participation of such individuals in society; 
‘‘(iv) support for the involvement in 
decisions of a family member, a guardian, 
an advocate, or an authorized representa-
tive, if an individual with a disability re-
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quests, desires, or needs such involvement; 
and 
‘‘(v) support for individual and sys-
tems advocacy and community involve-
ment; and 
‘‘(B) with respect to an entity, program, or 
activity, means that the entity, program, or ac-
tivity— 
‘‘(i) is easily accessible to, and usable 
by, individuals with disabilities and, when 
appropriate, their family members, guard-
ians, advocates, or authorized representa-
tives; 
‘‘(ii) responds to the needs of individ-
uals with disabilities in a timely and appro-
priate manner; and 
‘‘(iii) facilitates the full and meaning-
ful participation of individuals with disabil-
ities and their family members, guardians, 
advocates, and authorized representatives, 
in— 
‘‘(I) decisions relating to the pro-
vision of assistive technology devices 
and assistive technology services to 
such individuals; and 
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‘‘(II) decisions related to the 
maintenance, improvement, and eval-
uation of the comprehensive statewide 
program of technology-related assist-
ance, including decisions that affect 
capacity building and advocacy activi-
ties. 
‘‘(9) DISABILITY.—The term ‘disability’ has the 
meaning given the term under section 3 of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 
12102). 
‘‘(10) INDIVIDUAL
WITH
A
DISABILITY.—The 
term ‘individual with a disability’ means any indi-
vidual— 
‘‘(A) who has a disability; and 
‘‘(B) who is or would be enabled by an as-
sistive technology device or an assistive tech-
nology service to minimize deterioration in func-
tioning, to maintain a level of functioning, or to 
achieve a greater level of functioning in any 
major life activity. 
‘‘(11) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given such term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)), 
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and includes a community college receiving funding 
under the Tribally Controlled Colleges and Univer-
sities Assistance Act of 1978 (25 U.S.C. 1801 et 
seq.). 
‘‘(12) PROTECTION
AND
ADVOCACY
SERV-
ICES.—The term ‘protection and advocacy services’ 
means services that— 
‘‘(A) are described in subtitle C of title I 
of the Developmental Disabilities Assistance 
and Bill of Rights Act of 2000 (42 U.S.C. 
15041 et seq.), the Protection and Advocacy for 
Individuals with Mental Illness Act (42 U.S.C. 
10801 et seq.), or section 509 of the Rehabilita-
tion Act of 1973 (29 U.S.C. 794e); and 
‘‘(B) assist individuals with disabilities 
with respect to assistive technology devices and 
assistive technology services. 
‘‘(13) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Health and Human Services, 
acting through the Administrator on Community 
Living. 
‘‘(14) STATE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘State’ means each 
of the 50 States of the United States, the Dis-
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trict of Columbia, Puerto Rico, the United 
States Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mar-
iana Islands. 
‘‘(B) OUTLYING AREAS.—In section 4(b): 
‘‘(i) OUTLYING AREA.—The term ‘out-
lying area’ means the United States Virgin 
Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana 
Islands. 
‘‘(ii) STATE.—The term ‘State’ does 
not include the United States Virgin Is-
lands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana 
Islands. 
‘‘(15) STATE
ASSISTIVE
TECHNOLOGY
PRO-
GRAM.—The term ‘State assistive technology pro-
gram’ means a program authorized under section 4. 
‘‘(16) TARGETED
INDIVIDUALS
AND
ENTI-
TIES.—The term ‘targeted individuals and entities’ 
means— 
‘‘(A) individuals with disabilities and their 
family members, guardians, advocates, and au-
thorized representatives; 
‘‘(B) underrepresented populations; 
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‘‘(C) individuals who work for public or 
private entities (including centers for inde-
pendent living described in part C of title VII 
of the Rehabilitation Act of 1973 (29 U.S.C. 
796f et seq.), insurers, or managed care pro-
viders) that have contact with, or provide serv-
ices to, individuals with disabilities; 
‘‘(D) educators and related services per-
sonnel, including individuals who are providing 
early intervention services, to elementary, sec-
ondary, or postsecondary students, or individ-
uals engaged in vocational education; 
‘‘(E) technology experts (including web de-
signers and procurement officials); 
‘‘(F) health, allied health, and rehabilita-
tion professionals, and skilled nursing and in-
termediate care facilities and hospital employees 
(including discharge planners); 
‘‘(G) employers, especially small business 
employers, and providers of employment and 
training services; 
‘‘(H) entities that manufacture or sell as-
sistive technology devices; 
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‘‘(I) entities that carry out community pro-
grams designed to develop essential community 
services in rural and urban areas; and 
‘‘(J) other appropriate individuals and en-
tities, as determined for a State by the State. 
‘‘(17) 
UNDERREPRESENTED
POPULATION.— 
The term ‘underrepresented population’ means a 
population that is typically underrepresented in serv-
ice provision, and includes populations such as indi-
viduals who have low-incidence disabilities, racial 
and ethnic minorities, low income individuals, home-
less individuals (including children and youth), chil-
dren in foster care, individuals with limited English 
proficiency, older individuals, or individuals living in 
rural areas. 
‘‘(18) UNIVERSAL
DESIGN.—The term ‘uni-
versal design’ means a concept or philosophy for de-
signing and delivering products and services that are 
usable by people with the widest possible range of 
functional capabilities, which include products and 
services that are directly accessible (without requir-
ing assistive technologies) and products and services 
that are interoperable with assistive technologies. 
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‘‘SEC. 4. GRANTS FOR STATE ASSISTIVE TECHNOLOGY PRO-
GRAMS. 
‘‘(a) GRANTS
TO
STATES.—The Secretary shall 
award grants under subsection (b) to States to maintain 
comprehensive statewide programs of technology-related 
assistance described in subsection (e) through State assist-
ive technology programs that are designed to— 
‘‘(1) maximize the ability of individuals with 
disabilities across the human lifespan and across the 
wide array of disabilities, and their family members, 
guardians, advocates, and authorized representa-
tives, to obtain assistive technology; and 
‘‘(2) increase access to assistive technology. 
‘‘(b) AMOUNT OF FINANCIAL ASSISTANCE.— 
‘‘(1) IN GENERAL.—From funds made available 
to carry out this section, the Secretary shall award 
a grant to each eligible State and eligible outlying 
area from an allotment determined in accordance 
with paragraph (2). 
‘‘(2) CALCULATION OF STATE GRANTS.— 
‘‘(A) BASE YEAR.—Except as provided in 
subparagraphs (B) and (C), the Secretary shall 
allot to each State and outlying area for a fiscal 
year an amount that is not less than the 
amount the State or outlying area received 
under the grants provided under section 4 of 
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this Act (as in effect on the day before the ef-
fective date of the 21st Century Assistive Tech-
nology Act) for fiscal year 2021. 
‘‘(B) RATABLE REDUCTION.— 
‘‘(i) IN
GENERAL.—If funds made 
available to carry out this section for any 
fiscal year are insufficient to make the al-
lotments required for each State and out-
lying area under subparagraph (A) for 
such fiscal year, the Secretary shall ratably 
reduce the allotments for such fiscal year. 
‘‘(ii) ADDITIONAL
FUNDS.—If, after 
the Secretary makes the reductions de-
scribed in clause (i), additional funds be-
come available to carry out this section for 
the fiscal year, the Secretary shall ratably 
increase the allotments, until the Secretary 
has allotted the entire base year amount 
under subparagraph (A). 
‘‘(C) APPROPRIATION HIGHER THAN BASE 
YEAR AMOUNT.—For a fiscal year for which the 
amount of funds made available to carry out 
this section is greater than the base year 
amount under subparagraph (A) and no greater 
than $40,000,000, the Secretary shall— 
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‘‘(i) make the allotments described in 
subparagraph (A); 
‘‘(ii) from a portion of the remainder 
of the funds after the Secretary makes the 
allotments described in clause (i), the Sec-
retary shall— 
‘‘(I) from 50 percent of the por-
tion, allot to each State an equal 
amount; and 
‘‘(II) from 50 percent of the por-
tion, allot to each State an amount 
that bears the same relationship to 
such 50 percent as the population of 
the State bears to the population of 
all States, 
until each State has received an allotment 
of not less than $410,000 under clause (i) 
and this clause; and 
‘‘(iii) from the remainder of the funds 
after the Secretary makes the allotments 
described in clause (ii), the Secretary 
shall— 
‘‘(I) from 80 percent of the re-
mainder allot to each State an 
amount that bears the same relation-
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ship to such 80 percent as the popu-
lation of the State bears to the popu-
lation of all States; and 
‘‘(II) from 20 percent of the re-
mainder, allot to each State an equal 
amount. 
‘‘(D) 
APPROPRIATION
HIGHER
THAN 
THRESHOLD
AMOUNT.—For a fiscal year for 
which the amount of funds made available to 
carry out this section is $40,000,000 or greater, 
the Secretary shall— 
‘‘(i) make the allotments described in 
subparagraph (A); 
‘‘(ii) from the funds remaining after 
the allotment described in clause (i), allot 
to each outlying area an amount of such 
funds until each outlying area has received 
an allotment of exactly $150,000 under 
clause (i) and this clause; 
‘‘(iii) from a portion of the remainder 
of the funds after the Secretary makes the 
allotments described in clauses (i) and (ii), 
the Secretary shall— 
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