Title: AFSFA Act
Policy area: Social Welfare

Summary:
Access to Free Speech for All Act or the AFSFA Act
This bill requires the Department of Health and Human Services to support national resource centers, as well as to establish an advisory committee, to address augmentative and alternative communication devices, services, and supports (which supplement or replace speech or sign language for individuals with disabilities that inhibit those forms of communication).

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1836 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1836

   To support national training, technical assistance, and resource 
 centers to ensure that all individuals with significant disabilities 
affecting communication have access to the augmentative and alternative 
 communication devices, services, and supports the individuals need to 
  interact with others, in order to learn, work, socialize, and take 
       advantage of all aspects of society in the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2019

   Mr. Casey (for himself, Ms. Hassan, and Mr. Leahy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To support national training, technical assistance, and resource 
 centers to ensure that all individuals with significant disabilities 
affecting communication have access to the augmentative and alternative 
 communication devices, services, and supports the individuals need to 
  interact with others, in order to learn, work, socialize, and take 
       advantage of all aspects of society in the United States.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Access to Free Speech for All Act'' 
or the ``AFSFA Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) For individuals with disabilities, the lack of the 
        ability to effectively communicate is a high predictor of poor 
        school and post-school outcomes and creates a serious risk for 
        abuse and neglect.
            (2) No student is too severely disabled to benefit from 
        communication devices, services, and other supports. Students 
        with the most significant cognitive and sensory disabilities 
        can learn to use symbolic, augmentative, or alternative 
        communication devices, services, or supports in 6 months or 
        less.
            (3) Students with significant disabilities affecting 
        communication too often enter school without communication 
        systems that allow for participation in typical curricular 
        activities and without the tools necessary for academic 
        instruction and participation.
            (4) National professional organizations have identified 
        lack of training in augmentative and alternative communication 
        devices, services, and supports and assistive technology for 
        students with low-incidence disabilities as one of the greatest 
        challenges to providing supports to students with significant 
        disabilities affecting communication.
            (5) Title II of the Americans with Disabilities Act of 1990 
        (including its implementing regulations) requires local 
        educational agencies to ensure that communication with students 
        with hearing, vision, or speech disabilities is as effective as 
        communication with students without disabilities. To ensure 
        this effective communication, schools must provide auxiliary 
        aids and services where necessary to provide effective 
        communication.
            (6) Communication is both a basic human need and right of 
        all human beings. For individuals without access to the means 
        for meaningful communication, this right is denied.
            (7) The leadership of individuals with significant 
        disabilities affecting communication is essential to achieving 
        solutions and obtaining supports that improve, for such 
        individuals, communication access and participation in the 
        decisions most impacting their lives.

SEC. 3. PURPOSE.

    The purpose of this Act is to provide for comprehensive training, 
technical assistance, and resource centers on augmentative and 
alternative communication devices, services, and supports that--
            (1) are created and operate in order to raise expectations 
        and improve awareness of the need for effective augmentative 
        and alternative communication devices, services, and supports 
        for individuals with significant disabilities affecting 
        communication;
            (2) identify, document, and disseminate information 
        regarding best and promising practices (in existence on the 
        date of identification of the practices), from research carried 
        out in a manner that includes individuals with significant 
        disabilities affecting communication and their families at 
        every point in the research process, to increase communication 
        access, literacy, and effective communication for individuals 
        with significant disabilities affecting communication;
            (3) partner with assistive technology or engineering 
        programs in institutions of higher education to conduct 
        research in and development of communication options for 
        individuals with significant disabilities affecting 
        communication;
            (4) increase the skills of speech-language pathologists, 
        special educators, early intervention specialists, occupational 
        therapists, administrators, and related services personnel, to 
        evaluate and provide communication services, and other supports 
        to individuals with significant disabilities affecting 
        communication to enable those individuals to obtain increased 
        or improved--
                    (A) participation in elementary, secondary, and 
                postsecondary education;
                    (B) academic skills including literacy and math 
                skills;
                    (C) employment and career outcomes; and
                    (D) self-advocacy and self-determination skills; 
                and
            (5) increase the ability of individuals with significant 
        disabilities affecting communication to communicate, through 
        leadership training for individuals who use augmentative or 
        alternative communication devices, services, or supports, their 
        families, and persons who provide devices, services, and other 
        supports to such individuals, on topics related to self-
        determination, self-advocacy, and person-centered planning.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Augmentative or alternative communication device, 
        service, or support.--The term ``augmentative or alternative 
        communication device, service, or support'' means the 
        technology, a service, or another support, used to supplement 
        or replace speech or sign language for an individual who is 
        unable to produce or be understood using spoken or signed 
        language.
            (2) Eligible entity.--The term ``eligible entity'' means an 
        entity or partnership of entities that--
                    (A) submits an application to the Secretary in 
                accordance with section 6;
                    (B) represents a partnership between at least 2 
                organizations demonstrating collaboration among 
                institutions of higher education, and professional and 
                self-advocacy disability organizations;
                    (C) is, or has at least 1 lead organization that 
                is, consumer-controlled and led and directed by a 
                council on which a majority of the members are 
                individuals with significant disabilities affecting 
                communication;
                    (D) has a cross-disability focus;
                    (E) has knowledge, experience, and capacity in 
                conducting training, technical assistance, and research 
                pertaining to augmentative and alternative 
                communication and assistive technology devices, 
                services, and supports;
                    (F) has experience working directly with--
                            (i) individuals with significant 
                        disabilities affecting communication, and their 
                        families;
                            (ii) elementary or secondary schools, or 
                        postsecondary education programs;
                            (iii) independent living centers, 
                        employers, and State and local government 
                        agencies;
                    (G) includes individuals with significant 
                disabilities affecting communication in positions of 
                leadership in the planning, management, and operation 
                of the training, technical assistance, and research 
                programs;
                    (H) has experience developing and maintaining 
                collaborative working relationships among self-advocacy 
                disability organizations, professional organizations, 
                and family organizations;
                    (I) has or will establish an advisory council or 
                similar entity, a majority of the members of which are 
                individuals with significant disabilities affecting 
                communication who use augmentative or alternative 
                communication devices, systems, or supports; and
                    (J) has a mission that values the importance of 
                presuming competence of individuals with significant 
                disabilities affecting communication and their ability 
                to express themselves in the manner of their choosing.
            (3) Individuals with significant disabilities affecting 
        communication.--
                    (A) In general.--The term ``individual with a 
                significant disability affecting communication'' means 
                an individual of any age with 1 or more disabilities 
                that affect communication, resulting in the need for 
                extensive and ongoing support in order to enable the 
                individual to participate--
                            (i) in an integrated community setting; and
                            (ii) in all aspects of life.
                    (B) Plural.--The term ``individuals with 
                disabilities affecting communication'' means more than 
                1 individual with a disability affecting communication.
            (4) 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)).
            (5) Related services.--The term ``related services'' means 
        such services within the meaning of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1400 et seq.).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 5. GRANTS.

    (a) In General.--The Secretary shall award grants to eligible 
entities, through an open competition, to support comprehensive 
training, technical assistance, and resource centers (referred to 
individually in this Act as a ``National Resource Center'').
    (b) Amount.--In awarding grants under this section, the Secretary 
shall, to the extent practicable, award a grant to an eligible entity 
in an amount of not less than $500,000 and not more than $2,000,000 per 
year.
    (c) Distribution.--The Secretary shall award not fewer than 2 and 
not more than 5 of the grants. The Secretary shall award the grants to 
eligible entities in geographically diverse regions of the Nation.
    (d) Periods.--The Secretary shall award grants for periods 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. APPLICATIONS.

    (a) In General.--To be qualified to receive a grant under section 
5, an eligible entity shall submit an application to the Secretary at 
such time and in such manner as the Secretary may require.
    (b) Contents.--Each such application shall include, at a minimum, 
each of the following:
            (1) A description of the applicant's experience in 
        providing training, information, and support related to 
        augmentative and alternative communication devices, services, 
        and supports to individuals with significant disabilities 
        affecting communication.
            (2) A description of the applicant's experience in 
        providing training, information, and support to early 
        intervention specialists, and elementary education, secondary 
        education, postsecondary education, and community personnel, 
        related to augmentative and alternative communication devices, 
        services, and supports.
            (3) A description of the applicant's experience in working 
        with State, local, and, in appropriate cases, tribal government 
        agencies in providing training, information, and support 
        related to augmentative and alternative communication devices, 
        services, and supports.
            (4) A description of the applicant's experience in 
        disseminating training and information to multiple 
        stakeholders.
            (5) A description of the applicant's plan to ensure that 
        the applicant will provide training, technical assistance, and 
        information to the communities most in need of the knowledge 
        and ability to obtain augmentative and alternative 
        communication devices, services, and supports, including low-
        income communities, and individuals with significant 
        disabilities affecting communication and their families.
            (6) A description of the applicant's partnerships with 
        consumer-controlled organizations focused on augmentative and 
        alternative communication devices, services, and supports.
            (7) An assurance that the applicant, acting through the 
        National Resource Center, will--
                    (A) work with State, tribal, and local government 
                agencies and educational agencies to disseminate 
                information about augmentative and alternative 
                communication devices, services, and supports;
                    (B) increase the capacity of early intervention 
                service, elementary and secondary education, 
                postsecondary education, and developmental disability 
                services agencies to provide and support augmentative 
                and alternative communication devices, services, and 
                supports for those who need such devices, services, and 
                supports;
                    (C) assist States to establish plans to ensure 
                augmentative and alternative communication devices, 
                services, and supports are available to those who need 
                such devices, services, and supports;
                    (D) ensure that training, technical assistance, and 
                information developed under the grant is available in 
                the language, including American Sign Language, of the 
                communities served; and
                    (E) provide to the Secretary requested information 
                for purposes of evaluating the grant activities.

SEC. 7. PRIORITY.

    In awarding grants for activities described in this Act, the 
Secretary shall give priority to eligible entities that--
            (1) demonstrate a minimum of 3 years of experience 
        providing training and technical assistance, and disseminating 
        information, related to augmentative and alternative 
        communication devices, services, and supports;
            (2) propose activities that will expand the number of 
        individuals with significant disabilities affecting 
        communication who have access to augmentative and alternative 
        communication devices, services, and supports to enable the 
        individuals to participate as described in section 4(3)(A);
            (3) propose activities that will expand the number of 
        families, educators, and disability service providers with the 
        knowledge, skills, and abilities to promote access to 
        augmentative and alternative communication devices, services, 
        and supports for individuals with significant disabilities 
        affecting communication;
            (4) propose activities that will enhance the ability of 
        users of augmentative and alternative communication devices, 
        services, and supports to learn about and become leaders in--
                    (A) disability education and policy; and
                    (B) the disability service delivery field;
            (5) employ individuals with significant disabilities 
        affecting communication who use augmentative or alternative 
        communication devices, services, or supports;
            (6) demonstrate the ability to collaborate with self-
        advocacy disability, education, direct service, health, 
        employment, housing, and transportation entities, whether the 
        entities are public agencies or private organizations; and
            (7) demonstrate expertise in promoting the use of universal 
        design (as defined in section 103 of the Higher Education Act 
        of 1965 (20 U.S.C. 1003)) in training, technical assistance, 
        and information dissemination.

SEC. 8. USE OF FUNDS.

    (a) In General.--An eligible entity that receives a grant under 
section 5 shall use the grant funds only for activities described in an 
application submitted under section 6 and approved by the Secretary, 
to--
            (1) identify best practices and innovative communication 
        technologies, including free and low-cost options, for the 
        purpose of increasing communication for individuals with 
        significant disabilities affecting communication to enable the 
        individuals to communicate and succeed in school, employment, 
        and their communities;
            (2) partner with institutions of higher education with 
        assistive technology and engineering programs, to conduct 
        research in and development of communication options for 
        individuals with significant disabilities affecting 
        communication;
            (3) develop or adapt postsecondary coursework in 
        augmentative and alternative communication devices, services, 
        and supports for speech-language pathologists, special 
        educators, early intervention specialists, administrators, 
        related services personnel, and developmental disability 
        services providers to promote best practices and innovative 
        communication strategies for individuals with significant 
        disabilities affecting communication;
            (4) provide leadership training for individuals who use 
        augmentative or alternative communication devices, services, or 
        supports, their family members, and persons who provide 
        services and other supports to such individuals, on the use of 
        augmentative and alternative communication devices, services, 
        and supports, and on topics related to self-determination, 
        self-advocacy, and person-centered planning;
            (5) conduct national, regional, State, tribal, and local 
        training and technical assistance relating to--
                    (A) increase the knowledge and skills related to 
                augmentative and alternative communication devices, 
                services, and supports of family members of individuals 
                with significant disabilities affecting communication;
                    (B) increase the knowledge and skills related to 
                augmentative and alternative communication devices, 
                services, and supports, of speech-language 
                pathologists, special educators, early intervention 
                specialists, administrators, related services 
                personnel, and developmental disability services 
                providers;
                    (C) increase the use of augmentative and 
                alternative communication devices, services, and 
                supports in early intervention services, elementary 
                school, secondary school, and postsecondary education 
                programs;
                    (D) increase the use of augmentative and 
                alternative communication devices, services, or 
                supports in employment settings; and
                    (E) increase the knowledge of the general public to 
                be aware of and interact with users of augmentative and 
                alternative communication devices, services, and 
                supports;
            (6) develop user-friendly products related to augmentative 
        and alternative communication devices, services, and supports 
        that include--
                    (A) websites;
                    (B) training modules;
                    (C) products that facilitate making choices related 
                to augmentative and alternative communication devices, 
                services, and supports;
                    (D) products that facilitate supported 
                decisionmaking;
                    (E) products that promote literacy and language 
                development;
                    (F) products that promote numeracy;
                    (G) products that promote inclusion in elementary 
                schools, secondary schools, postsecondary education 
                programs, employment settings, civic engagement, and 
                recreation and leisure settings; and
                    (H) other products as identified by the eligible 
                entities, and the advisory councils or similar entities 
                established by the eligible entities;
            (7) link the work of the National Resource Center to 
        existing (as of the date of the grant award) policy and 
        activities throughout the Federal Government on self-advocacy, 
        supported decisionmaking, person-centered planning, and 
        community living, for individuals with disabilities and 
        particularly for individuals with the most significant 
        disabilities affecting communication, for the purpose of 
        increasing success and self-determination in early intervention 
        services, elementary education, secondary education, and 
        postsecondary education programs;
            (8) disseminate information about augmentative and 
        alternative communication devices, services, and supports, 
        including products developed under paragraph (6) and the 
        recommended voluntary standards developed by the National 
        Advisory Committee under section 10(d) to--
                    (A) professional accrediting organizations;
                    (B) institutions of higher education;
                    (C) local educational agencies and State 
                educational agencies;
                    (D) national, State, tribal, and local businesses, 
                to enable the businesses to hire more individuals who 
                use augmentative or alternative communication devices, 
                services, or supports;
                    (E) national, State, tribal, and local government 
                agencies that provide services and other supports, 
                including employment supports, to individuals who use 
                augmentative and alternative communication devices, 
                services, and supports;
                    (F) national and local disability advocacy 
                organizations, including disability self-advocacy 
                organizations;
                    (G) 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);
                    (H) network partners, including the State Councils 
                on Developmental Disabilities described in section 125 
                of the Developmental Disabilities Assistance and Bill 
                of Rights Act of 2000 (42 U.S.C. 15025), the protection 
                and advocacy systems described 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 Act (42 U.S.C. 15061 et seq.), 
                participating in activities under that Act (42 U.S.C. 
                15001 et seq.); and
                    (I) other groups and entities as identified by the 
                eligible entity and the advisory councils or similar 
                entities established by the eligible entity; and
            (9) collaborate with--
                    (A) State assistive technology programs;
                    (B) State and local educational agencies;
                    (C) State Councils on Developmental Disabilities 
                described in section 125 of the Developmental 
                Disabilities Assistance and Bill of Rights Act of 2000 
                (42 U.S.C. 15025);
                    (D) the systems and University Centers described in 
                paragraph (8)(H);
                    (E) local boards, as defined in section 3 of the 
                Workforce Innovation Opportunity Act (29 U.S.C. 3102); 
                and
                    (F) other State, regional, tribal, and local 
                entities with the ability to provide support for 
                individuals who use augmentative and alternative 
                communication devices, services, and supports.

SEC. 9. ANNUAL REPORT.

    Each eligible entity that receives a grant under section 5 to 
support a National Resource Center shall annually prepare and submit to 
the Secretary a report containing, consistent with criteria established 
by the Secretary, information on--
            (1) activities conducted by the Center related to training, 
        technical assistance, and research and dissemination of 
        information;
            (2) research conducted by the Center, solely or in 
        collaboration with other entities; and
            (3) collaboration by the Center with other entities to 
        promote the awareness and knowledge of, and skills to support, 
        augmentative and alternative communication devices, services, 
        and supports for individuals with significant disabilities 
        affecting communication and persons who provide services and 
        other supports to those individuals.

SEC. 10. NATIONAL ADVISORY COMMITTEE.

    (a) Establishment.--The Secretary shall establish a National 
Advisory Committee on Augmentative and Alternative Communication 
(referred to in this section as the ``National Advisory Committee''), 
in the Administration for Community Living.
    (b) Composition.--
            (1) Appointment.--The voting members of the National 
        Advisory Committee shall be appointed by the Secretary.
            (2) Membership.--
                    (A) Voting members.--The National Advisory 
                Committee shall be composed of 21 voting members, of 
                which--
                            (i) at least 11 members shall be 
                        individuals with significant disabilities 
                        affecting communication who use augmentative or 
                        alternative communication devices, services, or 
                        supports to express themselves;
                            (ii) at least 6 members shall be family 
                        members of individuals who, collectively, have 
                        a variety of disabilities, including traumatic 
                        brain injury, cerebral palsy, and autism; and
                            (iii) the remaining members shall be 
                        professionals, researchers, or faculty members 
                        working in the field of augmentative and 
                        alternative communication devices, services, 
                        and supports.
                    (B) Ex officio nonvoting members.--Each of the 
                following shall be an ex officio nonvoting member of 
                the National Advisory Committee:
                            (i) The Secretary of Education.
                            (ii) The Secretary of Health and Human 
                        Services.
                            (iii) The Secretary of Veterans Affairs.
                            (iv) The Secretary of Labor.
                            (v) The Attorney General.
                            (vi) The Chairperson of the National 
                        Council on Disability.
            (3) Term.--The voting members of the Committee shall serve 
        for terms of 3 years.
            (4) Chairperson and vice chairperson.--The members of the 
        Committee shall select a Chairperson and Vice Chairperson from 
        among the members of the Committee. At least 1 of the positions 
        of Chairperson and Vice Chairperson shall be held by a person 
        who uses augmentative or alternative communication devices, 
        services, or supports.
    (c) Meetings.--
            (1) In general.--The Committee shall meet at the call of 
        the Chairperson, but not less often than 4 times a year.
            (2) First meeting.--Not later than 60 days after the date 
        on which all members of the National Advisory Committee have 
        been appointed, the Committee shall hold its first meeting.
    (d) Duties.--The National Advisory Committee shall--
            (1)(A) recommend an initial set of voluntary standards for 
        provision of augmentative and alternative communication 
        devices, services, and supports to individuals who need those 
        devices, services, and supports; and
            (B) not less often than once every 5 years thereafter, 
        recommend updated standards described in paragraph (1); and
            (2) annually--
                    (A) select a topic for a report related to 
                augmentative and alternative communication devices, 
                services, and supports; and
                    (B) prepare and submit such report to the 
                President, the officials described in subsection 
                (b)(2)(B), and the appropriate committees of Congress.
    (e) Personnel.--
            (1) Travel expenses.--The members of the National Advisory 
        Committee shall not receive compensation for the performance of 
        services for the National Advisory Committee, but shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the National Advisory 
        Committee. Notwithstanding section 1342 of title 31, United 
        States Code, the Secretary may accept the voluntary and 
        uncompensated services of members of the National Advisory 
        Committee.
            (2) Detail of government employees.--Any Federal Government 
        employee may be detailed to the National Advisory Committee 
        without reimbursement, and such detail shall be without 
        interruption or loss of civil service status or privilege.
            (3) Grants for staffing.--The Secretary shall select 1 or 
        more of the entities that receive a grant under section 5, to 
        provide staff for the National Advisory Committee.
    (f) Permanent Committee.--Section 14 of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the National Advisory 
Committee.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$5,000,000 for each of fiscal years 2020 through 2024.
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