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 dis-
abilities 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 Work-
force, and in addition to the Committee on Transportation and Infra-
structure, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To support national training, technical assistance, and re-
source centers, to ensure that all individuals with signifi-
cant 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Augmentative and Al-
ternative Communication Centers of Excellence and Na-
tional Technical Assistance Act’’ or the ‘‘AACCENT Act’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) Communication is a basic human need and 
fundamental right, and is essential to self-deter-
mination, social inclusion, and emotional and phys-
ical well-being. In enacting a provision of the Ameri-
cans with Disabilities Act of 1990 (referred to in 
this section as the ‘‘ADA’’), Congress recognized 
that ‘‘physical or mental disabilities in no way di-
minish a person’s right to fully participate in all as-
pects of society,’’ and that ‘‘the discriminatory ef-
fects of communication barriers’’ are a form of dis-
crimination. 
(2) Three decades after the passage of the 
ADA, Americans with significant expressive commu-
nication disabilities still experience discrimination in 
the form of communication barriers, institutionaliza-
tion, segregation, and relegation to lesser services, 
programs, activities, benefits, jobs, or other opportu-
nities compared to Americans without significant ex-
pressive communication disabilities. 
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(3) Data about augmentative and alternative 
communication is lacking, but it is estimated there 
are at least 4,000,000 people in the United States 
who cannot reliably meet their daily communication 
needs using natural speech. 
(4) The population of individuals with signifi-
cant expressive communication difficulties is at sub-
stantial risk for limited education, unemployment, 
poor health outcomes, poverty, and low quality of 
life. 
(5) People can acquire a significant expressive 
communication disability and need augmentative and 
alternative communication as a result of many 
health and developmental conditions at all stages of 
life. 
(6) Research indicates that individuals who be-
long to racial or ethnic minority communities face a 
greater likelihood of being born with or acquiring ex-
pressive communication disabilities, as well as added 
difficulties in obtaining intervention services, includ-
ing augmentative and alternative communication. 
(7) Individuals with significant expressive com-
munication disabilities, schools, families, employers, 
direct support providers, health care providers, the 
justice system, and the general public need more in-
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formation about how to effectively deploy, imple-
ment, and ensure continued access to robust commu-
nication tools, services, and other supports for indi-
viduals with significant expressive communication 
disabilities. 
(8) The lived experiences and writings of indi-
viduals with significant expressive communication 
disabilities demonstrate the positive impact aug-
mentative and alternative communication has on 
their lives. These lived experiences and writings also 
illustrate the harm that results from denying aug-
mentative and alternative communication to those 
who need it. 
(9) The leadership of individuals with signifi-
cant expressive communication disabilities is critical 
in crafting and implementing effective policies and 
programs affecting their lives, including policies and 
programs regarding augmentative and alternative 
communication. 
(10) The freedoms of expression, and to be un-
derstood, are essential to both democracy and to in-
dividual well-being. Individuals with significant ex-
pressive communication disabilities must be afforded 
equal rights, opportunities, strategies, technologies, 
services, and other supports to effectively express 
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themselves and participate in their communities and 
in democracy. 
SEC. 3. PURPOSE. 
The purpose of this Act is to work toward eliminating 
the continued discrimination, isolation, marginalization, 
and denial of equal opportunity of individuals with signifi-
cant expressive communication disabilities by providing for 
comprehensive national training, technical assistance, and 
resource centers to improve— 
(1) access to a full range of augmentative and 
alternative communication; 
(2) access to equal opportunity; 
(3) awareness and implementation of relevant 
laws, policies, and practices; 
(4) leadership and self-advocacy skills; 
(5) capacity, in the case of individuals with sig-
nificant expressive communication disabilities, edu-
cators, professionals, and families; 
(6) national statistical data; and 
(7) societal awareness. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) ADVISORY COUNCIL.—The term ‘‘advisory 
council’’ means an 11-person advisory council that— 
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(A) provides guidance, recommendations, 
and oversight to an eligible entity; 
(B) is comprised exclusively of individuals 
with significant expressive communication dis-
abilities who collectively have diverse— 
(i) educational and professional back-
grounds; 
(ii) racial, ethnic, gender, and lin-
guistic identities; 
(iii) disabilities, including intellectual 
disabilities, ages, and geographic locations; 
(iv) levels of income; and 
(v) forms of augmentative and alter-
native communication relied upon; and 
(C) is subject to each of the following con-
ditions: 
(i) The initial council members shall 
be identified in the grant application by 
the partners of the eligible entity. 
(ii) Each member of the advisory 
council shall be appointed for a period of 
5 years. 
(iii) The Chair and Vice Chair of the 
council shall be selected by the council 
members at the first meeting and there-
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after as the council determines to be ap-
propriate. 
(iv) The council shall fill any vacancy 
in accordance with section 7(b)(8)(C). 
(2) AUGMENTATIVE AND ALTERNATIVE COMMU-
NICATION.—The term ‘‘augmentative and alternative 
communication’’ means any tool, method, tech-
nology, strategy, service, training, coaching, and 
other support used to supplement or replace speech. 
(3) 
COMPETITIVE
INTEGRATED
EMPLOY-
MENT.—The term ‘‘competitive integrated employ-
ment’’ has the meaning given the term in section 7 
of the Rehabilitation Act of 1973 (29 U.S.C. 705). 
(4) DISABILITY.—The term ‘‘disability’’ has the 
meaning given the term in section 3 of the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 
12102). 
(5) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a partnership of at least 2 organiza-
tions— 
(A) for which the controlling partner of the 
partnership 
is 
a 
nonprofit 
organization 
headquartered in the United States that vests 
power and authority in individuals with signifi-
cant expressive communication disabilities in 
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terms of management, staffing, decision mak-
ing, operation, and provision of services; 
(B) that includes at least one other organi-
zation headquartered in the United States that 
is either an institution of higher education or 
an association of professional service providers 
or educators in the field of significant expres-
sive communication disabilities; 
(C) that has a cross-disability and cross- 
generational focus; 
(D) that is advised by an advisory council; 
(E) that has adopted a mission that values 
equal opportunity and the fundamental right of 
communication access, and operating principles 
that respect the rights of individuals with sig-
nificant expressive communication disabilities to 
express themselves in the manner of their 
choosing; and 
(F) of which the organizational members, 
collectively— 
(i) have knowledge, experience, and 
capacity in conducting training, technical 
assistance, or knowledge dissemination re-
lated to the priority activities described in 
section 6; 
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(ii) have experience working directly 
with individuals with significant expressive 
communication disabilities in association 
with— 
(I) early intervention programs, 
early childhood programs, elementary 
or secondary schools, or postsecondary 
education programs; or 
(II) 2 or more types of entities 
from among— 
(aa) centers for independent 
living authorized under part C of 
title VII of the Rehabilitation Act 
of 1973 (29 U.S.C. 796f et seq.); 
(bb) home and community- 
based service providers; 
(cc) employers; 
(dd) health care providers; 
(ee) protection and advocacy 
organizations; 
(ff) aging networks; 
(gg) caregiver organizations; 
or 
(hh) State, Tribal, or local 
government agencies; and 
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(iii) have experience developing and 
maintaining collaborative working relation-
ships among disability-led advocacy organi-
zations, institutions of higher education, 
professional associations, or caregiver orga-
nizations. 
(6) EVIDENCE-BASED.—The term ‘‘evidence- 
based’’, used with respect to assistance that is 
knowledge, a resource, training, or technical assist-
ance, means assistance— 
(A) that demonstrates a rationale based on 
a high-quality research finding or positive eval-
uation that such assistance is likely to improve 
a communication outcome or other relevant out-
come; and 
(B) for which ongoing efforts are made to 
examine the effects of the assistance. 
(7) INDIVIDUAL
WITH
SIGNIFICANT
EXPRES-
SIVE COMMUNICATION DISABILITIES.—The term ‘‘in-
dividual with significant expressive communication 
disabilities’’ means an individual of any age— 
(A) who has 1 or more real or perceived 
significant expressive communication disabilities 
and may have other disabilities; and 
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(B) whose disabilities result in the individ-
ual’s need for, or benefit from, augmentative 
and alternative communication and other sup-
ports to enable the individual to communicate 
and to aid the individual in participating in 1 
or more aspects of life. 
(8) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
(9) NATIONAL RESOURCE CENTER.—The term 
‘‘national resource center’’ means a National Re-
source Center on Augmentative and Alternative 
Communication referred to in section 5(a). 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Health and Human Services. 
(11) SIGNIFICANT
EXPRESSIVE
COMMUNICA-
TION DISABILITY.— 
(A) IN GENERAL.—The term ‘‘significant 
expressive communication disability’’ means any 
disability, whether congenital, developmental, or 
acquired at any point in life, that prevents or 
significantly limits an individual from under-
standing or being understood using spoken 
words, resulting in the individual’s need for or 
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benefit from augmentative and alternative com-
munication. 
(B) APPLICATION.—The term does not 
apply to an individual whose primary commu-
nication disability is visual or auditory in na-
ture, but does apply to an individual with a dis-
ability described in subparagraph (A) who also 
has a visual or auditory communication dis-
ability and who may communicate using sign 
language. 
(12) STATE.—The term ‘‘State’’ means the 50 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, the United States Virgin Islands, 
Guam, American Samoa, and the Commonwealth of 
the Northern Mariana Islands. 
SEC. 5. GRANTS. 
(a) IN GENERAL.—The Secretary shall award 3 
grants through an open competition to eligible entities, 
with applications approved under section 7, to create, 
maintain, and administer a network of National Resource 
Centers on Augmentative and Alternative Communication. 
Each national resource center shall be a comprehensive 
training, technical assistance, and resource center created 
to work toward eliminating the continued discrimination 
against, isolation of, marginalization of, and denial of ef-
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fective communication for and equal opportunity of, indi-
viduals with significant expressive communication disabil-
ities, through activities including the priority activities de-
scribed in section 6. 
(b) AWARDS FOR MULTIPLE CENTERS.—The Sec-
retary shall award the grants for national resource centers 
in 3 geographically diverse locations, and shall designate 
one of the centers as the lead administrative center. 
(c) LEAD ADMINISTRATIVE CENTER.—The lead ad-
ministrative center shall coordinate— 
(1) all activities of the centers; 
(2) specialization of priorities among the cen-
ters; 
(3) dissemination of information among the 
centers; 
(4) responses of the centers to the Secretary; 
and 
(5) ensuring that the full range of individuals 
with significant expressive communication disabil-
ities is served by the centers. 
(d) AMOUNT.—The Secretary shall, to the extent 
practicable, award the 3 grants in amounts that total not 
more than $9,000,000 per year of a period described in 
subsection (e). 
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(e) PERIODS.—The Secretary shall award each grant 
for a period of 5 years, through an open competition held 
initially and at the end of each 5-year period. An eligible 
entity that receives a grant under this section may reapply 
for such a grant at the end of the grant period. 
SEC. 6. NATIONAL RESOURCE CENTER PRIORITY ACTIVI-
TIES. 
The priority activities of a national resource center 
shall be to— 
(1) increase access to and effective implementa-
tion of the full range of augmentative and alter-
native communication for all individuals with signifi-
cant expressive communication disabilities in the 
United States, regardless of age, race, ethnicity, 
gender, gender identity, LGBTQ+ status, immigra-
tion status, educational achievement, socioeconomic 
condition, primary language, nature or severity of 
disability, location of residence, and age of onset of 
the significant expressive communication disability; 
(2) increase the capacity of individuals with sig-
nificant expressive communication disabilities, edu-
cators, professional service providers, families, and 
direct support professionals to support individuals 
with significant expressive communication disabil-
ities by creating and disseminating evidence-based 
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knowledge, resources, training and technical assist-
ance, and recommended practices in ensuring indi-
viduals with significant expressive communication 
disabilities have the tools and other supports nec-
essary to exercise self-determination and effectively 
access and participate in all aspects of life, including 
education, employment, health care, and community 
living; 
(3) promote awareness and implementation of 
the laws, regulations, policies, practices, procedures, 
and systems that facilitate access to the full range 
of augmentative and alternative communication and 
promote equal access and opportunity for individuals 
with significant expressive communication disabil-
ities; 
(4) support and enhance the skills and leader-
ship of individuals with significant expressive com-
munication disabilities and their families to advocate 
for the rights of the individuals to effective commu-
nication, education, self-determination, access to jus-
tice, and equal opportunity and participation in all 
aspects of life; 
(5) support the improved collection, availability, 
and dissemination of demographic and characteristic 
data, with a cross-disability and cross-generational 
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focus, regarding individuals with significant expres-
sive communication disabilities in the United States, 
the barriers the individuals experience to meaningful 
access to augmentative and alternative communica-
tion, and the unmet communication support and 
other needs of this population; and 
(6) increase societal awareness and knowledge 
about individuals with significant expressive commu-
nication disabilities and the importance of, need for, 
benefits of, and rights to meaningful access to effec-
tive communication tools and other supports in all 
aspects of community and life. 
SEC. 7. APPLICATIONS. 
(a) IN GENERAL.—To be qualified to receive a grant 
under section 5, an eligible entity shall submit an applica-
tion to the Secretary at such time and in such manner 
as the Secretary may require. 
(b) CONTENTS.—Each such application from an eligi-
ble entity shall include, at a minimum, each of the fol-
lowing: 
(1) A description of the experience of each part-
ner organization in the entity in providing training, 
information, advocacy, and support related to aug-
mentative and alternative communication and indi-
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viduals with significant expressive communication 
disabilities. 
(2) A description of each partner organization’s 
experience in providing training, information, advo-
cacy, and support related to augmentative and alter-
native communication and to individuals with signifi-
cant expressive communication disabilities, to— 
(A) early intervention specialists; 
(B) elementary education, secondary edu-
cation, postsecondary education, and specialized 
instructional support personnel as defined in 
section 8101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801); 
(C) caregiver groups; 
(D) providers of home and community- 
based services for adults; 
(E) health care providers and educators; 
(F) employers; 
(G) providers of services to older adults; 
(H) law enforcement agencies, courts, of-
fices of district attorneys, and other public and 
private security agencies and businesses; 
(I) institutional long-term care services 
and support providers; 
(J) nursing home providers; and 
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(K) other stakeholders. 
(3) A description of each partner organization’s 
experience working with State, local, or Tribal gov-
ernment agencies in providing training, information, 
and support related to augmentative and alternative 
communication for full expression and individuals 
with significant expressive communication disabil-
ities. 
(4) A description of each partner organization’s 
prior partnerships with disability-led organizations 
focused on augmentative and alternative communica-
tion and individuals with significant expressive com-
munication disabilities. 
(5) Evidence of how the applicant satisfies the 
requirements of section 4(5). 
(6) A description of the applicant’s plan to en-
sure that the applicant will provide training, tech-
nical assistance, and information to target audi-
ences, especially those audiences in need of knowl-
edge and access to augmentative and alternative 
communication. 
(7) A description of the applicant’s plan to im-
plement the priority activities in section 6, including 
how the organizational members of the eligible entity 
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(9) A description of how other individuals with 
significant expressive communication disabilities will 
be involved in the governance and operations of the 
national resource center involved, especially through 
employment of individuals with significant expressive 
communication disabilities. 
(10) A description of how the applicant will de-
sign and make training, technical assistance, and in-
formation available in accessible formats, including 
plain language. 
(11) Assurances that the applicant, acting 
through the national resource center, will work with 
the stakeholders identified in section 9(d). 
(12) Assurances that the applicant, acting 
through the national resource center, will provide the 
Secretary with requested data and information for 
purposes of evaluating the grant activities. 
SEC. 8. AWARD PRIORITY. 
In awarding grants for activities described in this 
Act, the Secretary shall give priority to an eligible entity 
with at least 1 partner organization that— 
(1) demonstrates a minimum of 3 years of ex-
perience providing training and technical assistance 
and disseminating information related to augment-
ative and alternative communication and individuals 
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with significant expressive communication disabil-
ities, and being otherwise engaged in the priority ac-
tivities described in section 6; 
(2) demonstrates that individuals with signifi-
cant expressive communication disabilities and those 
who use augmentative and alternative communica-
tion are purposefully involved in the governance and 
operation of the organization, especially through 
their employment in service, delivery, and leadership 
positions; 
(3) demonstrates the ability to collaborate with 
disability self-advocacy, education, direct service, 
health care, employment, aging, caregiver, and hous-
ing organizations, whether the organizations are 
public agencies or private entities; and 
(4) demonstrates expertise in promoting acces-
sibility and the use of universal design (the latter as 
defined in section 103 of the Higher Education Act 
of 1965 (20 U.S.C. 1003)) in providing training and 
technical assistance, and information dissemination. 
SEC. 9. USE OF FUNDS. 
(a) IN GENERAL.—An eligible entity that receives a 
grant under section 5 shall use the grant funds to manage 
and carry out each of the priority activities described in 
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section 6, activities described in this section, and any addi-
tional activities approved by the Secretary. 
(b) COORDINATION WITH FEDERAL PROGRAMS.— 
The work of a national resource center shall link to cur-
rent and future policy and activities undertaken through-
out the Federal Government in relation to self-advocacy, 
supported decision making, person-centered planning, 
community living, and competitive integrated employment 
for individuals with disabilities and particularly for indi-
viduals with the most significant expressive communica-
tion disabilities, for the purpose of increasing— 
(1) success and self-determination in life; 
(2) the provision of inclusive early intervention 
services, elementary education, secondary education, 
and postsecondary education programs; 
(3) competitive integrated employment; 
(4) health, wellness, and personal safety; 
(5) economic security; 
(6) civic engagement; 
(7) community integration; and 
(8) improvement in other aspects of life. 
(c) 
INFORMATION
DISSEMINATION.—Notwith-
standing the priority activities described in section 6, a 
national resource center shall ensure information and 
other resources about augmentative and alternative com-
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munication and individuals with significant expressive 
communication disabilities are made available as appro-
priate to— 
(1) individuals with significant expressive com-
munication disabilities and their families; 
(2) institutions of higher education; 
(3) State, Tribal, and local educational agen-
cies; 
(4) law enforcement agencies, courts, offices of 
district attorneys, and other public and private secu-
rity agencies and businesses; 
(5) national, State, regional, Tribal, and local 
employers, to enable businesses to hire into competi-
tive integrated employment more individuals who use 
augmentative and alternative communication; 
(6) national, State, Tribal, and local govern-
ment agencies that provide services and other sup-
ports to individuals with significant expressive com-
munication disabilities, including agencies respon-
sible for emergency preparedness, employment sup-
port, and vocational rehabilitation, agencies respon-
sible for State programs under the Assistive Tech-
nology Act of 1988 (29 U.S.C. 3001 et seq.), agen-
cies responsible for State alternative financing pro-
grams, State agencies responsible for the Medicaid 
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program under title XIX of the Social Security Act 
(42 U.S.C. 1396 et seq.), and the agencies over-
seeing the provision of home and community-based 
services; 
(7) national and local disability and aging advo-
cacy organizations, including disability self-advocacy 
organizations; 
(8) family support organizations, including the 
parent training and information centers supported 
under section 671 of the Individuals with Disabilities 
Education Act (20 U.S.C. 1471); 
(9) centers for independent living and Statewide 
Independent Living Councils authorized by title VII 
of the Rehabilitation Act of 1973 (29 U.S.C. 796 et 
seq.); 
(10) network partners, including the State 
Councils on Developmental Disabilities described in 
section 125 of the Developmental Disabilities Assist-
ance and Bill of Rights Act of 2000 (42 U.S.C. 
15025), the protection and advocacy systems de-
scribed in section 143 of that Act (42 U.S.C. 
15043), and University Centers for Excellence in 
Developmental Disabilities Education, Research, and 
Services supported under subtitle D of title I of that 
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Act (42 U.S.C. 15061 et seq.), participating in ac-
tivities under that Act (42 U.S.C. 15001 et seq.); 
(11) State agencies and area agencies on aging, 
entities carrying out long-term care ombudsman pro-
grams, and other entities funded under the Older 
Americans Act of 1965 (42 U.S.C. 3001 et seq.); 
(12) health care providers and educators, health 
care advocacy organizations, nursing home pro-
viders, and institutional long-term care facilities; 
(13) professional organizations and organiza-
tions that certify preservice training programs; and 
(14) other groups and entities as identified by 
the eligible entity and the advisory council of the eli-
gible entity. 
(d) STAKEHOLDER COLLABORATION.—A national re-
source center shall collaborate with— 
(1) organizations of individuals with significant 
expressive communication disabilities; 
(2) disability organizations; 
(3) entities carrying out State assistive tech-
nology programs and State alternative financing pro-
grams; 
(4) State, Tribal, and local educational agen-
cies; 
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(5) the councils, systems, and university centers 
described in subsection (c)(10); 
(6) entities carrying out national, State, Tribal 
and Native Hawaiian, and local programs authorized 
by the Older Americans Act of 1965; 
(7) the federally funded Rehabilitation Engi-
neering Research Center on Augmentative and Al-
ternative Communication; 
(8) State agencies responsible for vocational re-
habilitation programs, as defined in section 3 of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3102); 
(9) professional associations whose members 
come in contact with and support individuals who 
may use augmentative and alternative communica-
tion; 
(10) local boards, as defined in section 3 of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3102); and 
(11) other State, regional, Tribal, and local en-
tities with the ability to provide support for individ-
uals who need and use augmentative and alternative 
communication. 
(e) LIMITATION.—A national resource center that re-
ceives grant funds under section 5 for a fiscal year shall 
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use not more than 15 percent of the funds for the adminis-
trative costs of carrying out activities under this Act. 
SEC. 10. ANNUAL REPORT. 
(a) PREPARATION.—The lead administrative center 
referred to in section 5(b), in coordination with the other 
national resource centers that receive grant funds under 
section 5, shall annually prepare a report containing, con-
sistent with criteria established by the Secretary, informa-
tion on— 
(1) activities conducted by each national re-
source center funded under section 5 to achieve the 
purpose of this Act; 
(2) collaboration by each such national resource 
center with other entities to achieve the purposes of 
this Act; 
(3) barriers to and strategies for equitable ac-
cess to augmentative and alternative communication 
and other supports for individuals who belong to ra-
cial, ethnic, and linguistic minority communities and 
face a greater likelihood of being born with or ac-
quiring significant expressive communication disabil-
ities as well as added difficulties in obtaining effec-
tive augmentative and alternative communication; 
(4) identified gaps in available demographic and 
characteristic data on individuals with significant ex-
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pressive communication disabilities in the United 
States; and 
(5) the unmet needs of individuals with signifi-
cant expressive communication disabilities, from di-
verse backgrounds, in the United States and policy 
recommendations to address such unmet needs. 
(b) SUBMISSION.—The lead administrative center 
shall submit the report to— 
(1) the Secretary; 
(2) the Secretary of Education; 
(3) the relevant subcommittees of the Com-
mittee on Health, Education, Labor, and Pensions 
of the Senate, the Special Committee on Aging of 
the Senate, and the Committee on Education and 
the Workforce of the House of Representatives; and 
(4) the Subcommittee on Labor, Health and 
Human Services, Education, and Related Agencies 
of the Committee on Appropriations of the Senate, 
and the Subcommittee on Labor, Health and 
Human Services, Education, and Related Agencies 
of the Committee on Appropriations of the House of 
Representatives. 
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SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this Act $9,000,000 for each of fiscal years 2024 through 
2028. 
SEC. 12. SHORT TITLE. 
This Act may be cited as the ‘‘Nogales Wastewater 
Improvement Act of 2023’’. 
SEC. 13. NOGALES WASTEWATER IMPROVEMENT. 
(a) AMENDMENT TO THE ACT OF JULY 27, 1953.— 
The first section of the Act of July 27, 1953 (67 Stat. 
195, chapter 242; 22 U.S.C. 277d–10), is amended by 
striking the period at the end and inserting ‘‘: Provided 
further, That the equitable portion of the Nogales sanita-
tion project for the city of Nogales, Arizona, shall be lim-
ited to the costs directly associated with the treatment and 
conveyance of the wastewater of the city and, to the extent 
practicable, shall not include any costs directly associated 
with the quality or quantity of wastewater originating in 
Mexico.’’. 
(b) NOGALES SANITATION PROJECT.— 
(1) DEFINITIONS.—In this subsection: 
(A) CITY.—The term ‘‘City’’ means the 
City of Nogales, Arizona. 
(B) COMMISSION.—The term ‘‘Commis-
sion’’ means the United States Section of the 
International Boundary and Water Commission. 
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(C) 
INTERNATIONAL
OUTFALL
INTER-
CEPTOR.—The term ‘‘International Outfall In-
terceptor’’ means the pipeline that conveys 
wastewater from the United States-Mexico bor-
der to the Nogales International Wastewater 
Treatment Plant. 
(D) NOGALES
INTERNATIONAL
WASTE-
WATER
TREATMENT
PLANT.—The 
term 
‘‘Nogales International Wastewater Treatment 
Plant’’ means the wastewater treatment plant 
that— 
(i) is operated by the Commission; 
(ii) is located in Rio Rico, Santa Cruz 
County, Arizona, after manhole 99; and 
(iii) treats sewage and wastewater 
originating from— 
(I) Nogales, Sonora, Mexico; and 
(II) Nogales, Arizona. 
(2) OWNERSHIP AND CONTROL.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B) and in accordance with authority 
under the Act of July 27, 1953 (67 Stat. 195, 
chapter 242; 22 U.S.C. 277d–10 et seq.), on 
transfer by donation from the City of the cur-
rent stake of the City in the International Out-
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fall Interceptor to the Commission, the Com-
mission shall enter into such agreements as are 
necessary to assume full ownership and control 
over the International Outfall Interceptor. 
(B) AGREEMENTS REQUIRED.—The Com-
mission shall assume full ownership and control 
over the International Outfall Interceptor under 
subparagraph (A) after all applicable governing 
bodies in the State of Arizona, including the 
City, have— 
(i) signed memoranda of under-
standing granting to the Commission ac-
cess to existing easements for a right of 
entry to the International Outfall Inter-
ceptor for the life of the International Out-
fall Interceptor; 
(ii) entered into an agreement with re-
spect to the flows entering the Inter-
national Outfall Interceptor that are con-
trolled by the City; and 
(iii) agreed to work in good faith to 
expeditiously enter into such other agree-
ments as are necessary for the Commission 
to operate and maintain the International 
Outfall Interceptor. 
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(3) OPERATIONS AND MAINTENANCE.— 
(A) IN GENERAL.—Beginning on the date 
on which the Commission assumes full owner-
ship and control of the International Outfall In-
terceptor under paragraph (2)(A), but subject 
to paragraph (5), the Commission shall be re-
sponsible for the operations and maintenance of 
the International Outfall Interceptor. 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to the Commission to carry out this 
paragraph, to remain available until ex-
pended— 
(i) $6,500,000 for fiscal year 2025; 
and 
(ii) not less than $2,500,000 for fiscal 
year 2026 and each fiscal year thereafter. 
(4) DEBRIS SCREEN.— 
(A) DEBRIS SCREEN REQUIRED.— 
(i) IN
GENERAL.—The Commission 
shall construct, operate, and maintain a 
debris screen at Manhole One of the Inter-
national Outfall Interceptor for inter-
cepting debris and drug bundles coming to 
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the United States from Nogales, Sonora, 
Mexico. 
(ii) REQUIREMENT.—In constructing 
and operating the debris screen under 
clause (i), the Commission and the Com-
missioner of U.S. Customs and Border 
Protection shall coordinate— 
(I) the removal of drug bundles 
and other illicit goods caught in the 
debris screen; and 
(II) other operations at the Inter-
national Outfall Interceptor that re-
quire coordination. 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to the Commission, to remain available 
until expended— 
(i) for fiscal year 2025— 
(I) $8,000,000 for construction 
of the debris screen described in sub-
paragraph (A)(i); and 
(II) not less than $1,000,000 for 
the operations and maintenance of the 
debris screen described in subpara-
graph (A)(i); and 
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(ii) not less than $1,000,000 for fiscal 
year 2026 and each fiscal year thereafter 
for the operations and maintenance of the 
debris screen described in subparagraph 
(A)(i). 
(5) LIMITATION OF CLAIMS.—Chapter 171 and 
section 1346(b) of title 28, United States Code 
(commonly known as the ‘‘Federal Tort Claims 
Act’’), shall not apply to any claim arising from the 
activities of the Commission in carrying out this 
subsection, including any claim arising from dam-
ages that result from overflow of the International 
Outfall Interceptor due to excess inflow to the Inter-
national 
Outfall 
Interceptor 
originating 
from 
Nogales, Sonora, Mexico. 
(c) EFFECTIVE DATE.—This section (including the 
amendments made by this section) takes effect on October 
1, 2024. 
Æ 
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