[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4278 Enrolled Bill (ENR)]
H.R.4278
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To amend the Assistive Technology Act of 1998 to support programs of
grants to States to address the assistive technology needs of
individuals with disabilities, and for other purposes.
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 ``Assistive Technology Act of 2004''.
SEC. 2. AMENDMENT TO THE ASSISTIVE TECHNOLOGY ACT OF 1998.
The Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) is
amended to read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Assistive
Technology Act of 1998'.
``(b) Table of Contents.--The table of contents of this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Findings and purposes.
``Sec. 3. Definitions.
``Sec. 4. State grants for assistive technology.
``Sec. 5. State grants for protection and advocacy services related
to assistive technology.
``Sec. 6. National activities.
``Sec. 7. Administrative provisions.
``Sec. 8. Authorization of appropriations.
``SEC. 2. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds the following:
``(1) Over 54,000,000 individuals in the United States have
disabilities, with almost half experiencing severe disabilities
that affect their ability to see, hear, communicate, reason, walk,
or perform other basic life functions.
``(2) Disability is a natural part of the human experience and
in no way diminishes the right of individuals to--
``(A) live independently;
``(B) enjoy self-determination and make choices;
``(C) benefit from an education;
``(D) pursue meaningful careers; and
``(E) enjoy full inclusion and integration in the economic,
political, social, cultural, and educational mainstream of
society in the United States.
``(3) Technology is one of the primary engines for economic
activity, education, and innovation in the Nation, and throughout
the world. The commitment of the United States to the development
and utilization of technology is one of the main factors underlying
the strength and vibrancy of the economy of the United States.
``(4) As technology has come to play an increasingly important
role in the lives of all persons in the United States, in the
conduct of business, in the functioning of government, in the
fostering of communication, in the conduct of commerce, and in the
provision of education, its impact upon the lives of individuals
with disabilities in the United States has been comparable to its
impact upon the remainder of the citizens of the United States. Any
development in mainstream technology will have profound
implications for individuals with disabilities in the United
States.
``(5) Substantial progress has been made in the development of
assistive technology devices, including adaptations to existing
devices that facilitate activities of daily living that
significantly benefit individuals with disabilities of all ages.
These devices, including adaptations, increase involvement in, and
reduce expenditures associated with, programs and activities that
facilitate communication, ensure independent functioning, enable
early childhood development, support educational achievement,
provide and enhance employment options, and enable full
participation in community living for individuals with
disabilities. Access to such devices can also reduce expenditures
associated with early childhood intervention, education,
rehabilitation and training, health care, employment, residential
living, independent living, recreation opportunities, and other
aspects of daily living.
``(6) Over the last 15 years, the Federal Government has
invested in the development of comprehensive statewide programs of
technology-related assistance, which have proven effective in
assisting individuals with disabilities in accessing assistive
technology devices and assistive technology services. This
partnership between the Federal Government and the States provided
an important service to individuals with disabilities by
strengthening the capacity of each State to assist individuals with
disabilities of all ages meet their assistive technology needs.
``(7) Despite the success of the Federal-State partnership in
providing access to assistive technology devices and assistive
technology services, there is a continued need to provide
information about the availability of assistive technology,
advances in improving accessibility and functionality of assistive
technology, and appropriate methods to secure and utilize assistive
technology in order to maximize the independence and participation
of individuals with disabilities in society.
``(8) The combination of significant recent changes in Federal
policy (including changes to section 508 of the Rehabilitation Act
of 1973 (29 U.S.C. 794d), accessibility provisions of the Help
America Vote Act of 2002 (42 U.S.C. 15301 et seq.), and the
amendments made to the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.) by the No Child Left Behind Act of
2001) and the rapid and unending evolution of technology require a
Federal-State investment in State assistive technology systems to
continue to ensure that individuals with disabilities reap the
benefits of the technological revolution and participate fully in
life in their communities.
``(b) Purposes.--The purposes of this Act are--
``(1) to support State efforts to improve the provision of
assistive technology to individuals with disabilities through
comprehensive statewide programs of technology-related assistance,
for individuals with disabilities of all ages, that are designed
to--
``(A) increase the availability of, funding for, access to,
provision of, and training about assistive technology devices
and assistive technology services;
``(B) increase the ability of individuals with disabilities
of all ages to secure and maintain possession of assistive
technology devices as such individuals make the transition
between services offered by educational or human service
agencies or between settings of daily living (for example,
between home and work);
``(C) increase the capacity of public agencies and private
entities to provide and pay for assistive technology devices
and assistive technology services on a statewide basis for
individuals with disabilities of all ages;
``(D) increase the involvement of individuals with
disabilities and, if appropriate, their family members,
guardians, advocates, and authorized representatives, in
decisions related to the provision of assistive technology
devices and assistive technology services;
``(E) increase and promote coordination among State
agencies, between State and local agencies, among local
agencies, and between State and local agencies and private
entities (such as managed care providers), 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, practices, procedures, and
organizational structures, that facilitate the availability or
provision of assistive technology devices and assistive
technology services; and
``(G) increase awareness and knowledge of the benefits of
assistive technology devices and assistive technology services
among targeted individuals and entities and the general
population; and
``(2) to provide States with financial assistance that supports
programs designed to maximize the ability of individuals 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 provides services to, or is otherwise
substantially involved with the major life functions of,
individuals with disabilities. Such term includes--
``(A) a program providing residential, supportive, or
employment services, or employment-related services, to
individuals 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.);
``(C) a program carried out by an employment support agency
connected to adult vocational rehabilitation, such as a one-
stop partner, as defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801); and
``(D) a program carried out by another organization or
vender licensed or registered by the designated State agency,
as defined in section 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 Developmental Disabilities Assistance
and Bill of Rights Act of 2000 (42 U.S.C. 15002)), and that is
established to provide protection 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 `assistive technology'
means technology designed to be utilized in an assistive technology
device or assistive technology service.
``(4) Assistive technology device.--The term `assistive
technology device' means any item, piece of equipment, or product
system, whether acquired commercially, modified, or customized,
that is used to increase, maintain, or improve functional
capabilities 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 technology device. Such term includes--
``(A) the evaluation of the assistive technology needs of
an individual with a disability, including a functional
evaluation of the impact of the provision of appropriate
assistive technology and appropriate services to the individual
in the customary environment of the individual;
``(B) a service consisting of purchasing, leasing, or
otherwise providing for the acquisition of assistive technology
devices by individuals with disabilities;
``(C) a service consisting of selecting, designing,
fitting, customizing, adapting, applying, maintaining,
repairing, replacing, or donating assistive technology devices;
``(D) coordination and use of necessary therapies,
interventions, or services with assistive technology devices,
such as therapies, interventions, or services associated with
education and rehabilitation plans and programs;
``(E) training or technical assistance for an individual
with a disability or, where appropriate, the family members,
guardians, advocates, or authorized representatives of such an
individual;
``(F) training or technical assistance for professionals
(including individuals providing education and rehabilitation
services and entities that manufacture or sell assistive
technology devices), employers, providers of employment and
training services, or other individuals who provide services
to, employ, or are otherwise 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 individuals with disabilities.
``(6) Capacity building and advocacy activities.--The term
`capacity building and advocacy activities' means efforts that--
``(A) result in laws, regulations, policies, practices,
procedures, or organizational structures that promote consumer-
responsive programs or entities; and
``(B) facilitate and increase access to, provision 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-related assistance' means a consumer-responsive program
of technology-related assistance for individuals with disabilities,
implemented by a State, and 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 of assistive technology device or assistive
technology service required.
``(8) Consumer-responsive.--The term `consumer-responsive'--
``(A) with regard to policies, means that the policies are
consistent with the principles of--
``(i) respect for individual dignity, personal
responsibility, self-determination, and pursuit of
meaningful careers, based on informed choice, of
individuals with disabilities;
``(ii) respect for the privacy, rights, and equal
access (including the use of accessible 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
representative, if an individual with a disability
requests, desires, or needs such involvement; and
``(v) support for individual and systems advocacy and
community involvement; and
``(B) with respect to an entity, program, or activity,
means that the entity, program, or activity--
``(i) is easily accessible to, and usable by,
individuals with disabilities and, when appropriate, their
family members, guardians, advocates, or authorized
representatives;
``(ii) responds to the needs of individuals with
disabilities in a timely and appropriate manner; and
``(iii) facilitates the full and meaningful
participation of individuals with disabilities (including
individuals from underrepresented populations and rural
populations) and their family members, guardians,
advocates, and authorized representatives, in--
``(I) decisions relating to the provision of
assistive technology devices and assistive technology
services to such individuals; and
``(II) decisions related to the maintenance,
improvement, and evaluation of the comprehensive
statewide program of technology-related assistance,
including decisions that affect capacity building and
advocacy activities.
``(9) Disability.--The term `disability' means a condition of
an individual that is considered to be a disability or handicap for
the purposes of any Federal law other than this Act or for the
purposes of the law of the State in which the individual resides.
``(10) Individual with a disability; individuals with
disabilities.--
``(A) Individual with a disability.--The term `individual
with a disability' means any individual of any age, race, or
ethnicity--
``(i) who has a disability; and
``(ii) who is or would be enabled by an assistive
technology device or an assistive technology service to
minimize deterioration in functioning, to maintain a level
of functioning, or to achieve a greater level of
functioning in any major life activity.
``(B) Individuals with disabilities.--The term `individuals
with disabilities' means more than 1 individual with a
disability.
``(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)), and
includes a community college receiving funding under the Tribally
Controlled College or University Assistance Act of 1978 (25 U.S.C.
1801 et seq.).
``(12) Protection and advocacy services.--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 Rehabilitation 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
Education.
``(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 District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
``(B) Outlying areas.--In section 4(b):
``(i) Outlying area.--The term `outlying 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 Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(15) State assistive technology program.--The term `State
assistive technology program' means a program authorized under
section 4.
``(16) Targeted individuals and entities.--The term `targeted
individuals and entities' means--
``(A) individuals with disabilities of all ages and their
family members, guardians, advocates, and authorized
representatives;
``(B) underrepresented populations, including the aging
workforce;
``(C) individuals who work for public or private entities
(including centers for independent 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 providers) that have
contact, or provide services to, with individuals with
disabilities;
``(D) educators at all levels (including providers of early
intervention services, elementary schools, secondary schools,
community colleges, and vocational and other institutions of
higher education) and related services personnel;
``(E) technology experts (including web designers and
procurement officials);
``(F) health, allied health, and rehabilitation
professionals 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 assistive
technology devices;
``(I) entities that carry out community programs designed
to develop essential community services in rural and urban
areas; and
``(J) other appropriate individuals and entities, as
determined for a State by the State.
``(17) Technology-related assistance.--The term `technology-
related assistance' means assistance provided through capacity
building and advocacy activities that accomplish the purposes
described in section 2(b).
``(18) Underrepresented population.--The term `underrepresented
population' means a population that is typically underrepresented
in service provision, and includes populations such as persons who
have low-incidence disabilities, persons who are minorities, poor
persons, persons with limited English proficiency, older
individuals, or persons from rural areas.
``(19) Universal design.--The term `universal design' means a
concept or philosophy for designing 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 requiring assistive
technologies) and products and services that are interoperable with
assistive technologies.
``SEC. 4. STATE GRANTS FOR ASSISTIVE TECHNOLOGY.
``(a) Grants to States.--The Secretary shall award grants under
subsection (b) to States to maintain comprehensive statewide programs
of technology-related assistance to support programs that are designed
to 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 representatives,
to obtain assistive technology, and that are designed to 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 101 of this Act (as in effect on the day
before the date of enactment of the Assistive Technology Act of
2004) for fiscal year 2004.
``(B) Ratable reduction.--
``(i) In general.--If funds made available to carry out
this section for any fiscal year are insufficient to make
the allotments required for each State and outlying 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 described in clause (i), additional funds
become 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.
``(C) Higher appropriation years.--Except as provided in
subparagraph (D), for a fiscal year for which the amount of
funds made available to carry out this section is greater than
the base year amount, the Secretary shall--
``(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 Secretary shall--
``(I) from 50 percent of the portion, allot to each
State or outlying area an equal amount; and
``(II) from 50 percent of the portion, allot to
each State or outlying area an amount that bears the
same relationship to such 50 percent as the population
of the State or outlying area bears to the population
of all States and outlying areas,
until each State has received an allotment of not less than
$410,000 and each outlying area has received an allotment
of $125,000 under clause (i) and this clause;
``(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 remainder allot to
each State an amount that bears the same relationship
to such 80 percent as the population of the State bears
to the population of all States; and
``(II) from 20 percent of the remainder, allot to
each State an equal amount.
``(D) Special rule for fiscal year 2005.--Notwithstanding
subparagraph (C), if the amount of funds made available to
carry out this section for fiscal year 2005 is greater than the
base year amount, the Secretary may award grants on a
competitive basis for periods of 1 year to States or outlying
areas in accordance with the requirements of title III of this
Act (as in effect on the day before the date of enactment of
the Assistive Technology Act of 2004) to develop, support,
expand, or administer an alternative financing program.
``(E) Base year amount.--In this paragraph, the term `base
year amount' means the total amount received by all States and
outlying areas under the grants described in subparagraph (A)
for fiscal year 2004.
``(c) Lead Agency, Implementing Entity, and Advisory Council.--
``(1) Lead agency and implementing entity.--
``(A) Lead agency.--
``(i) In general.--The Governor of a State shall
designate a public agency as a lead agency--
``(I) to control and administer the funds made
available through the grant awarded to the State under
this section; and
``(II) to submit the application described in
subsection (d) on behalf of the State, to ensure
conformance with Federal and State accounting
requirements.
``(ii) Duties.--The duties of the lead agency shall
include--
``(I) preparing the application described in
subsection (d) and carrying out State activities
described in that application, including making
programmatic and resource allocation decisions
necessary to implement the comprehensive statewide
program of technology-related assistance;
``(II) coordinating the activities of the
comprehensive statewide program of technology-related
assistance among public and private entities, including
coordinating efforts related to entering into
interagency agreements, and maintaining and evaluating
the program; and
``(III) coordinating efforts related to the active,
timely, and meaningful participation by individuals
with disabilities and their family members, guardians,
advocates, or authorized representatives, and other
appropriate individuals, with respect to activities
carried out through the grant.
``(B) Implementing entity.--The Governor may designate an
agency, office, or other entity to carry out State activities
under this section (referred to in this section as the
`implementing entity'), if such implementing entity is
different from the lead agency. The implementing agency shall
carry out responsibilities under this Act through a subcontract
or another administrative agreement with the lead agency.
``(C) Change in agency or entity.--
``(i) In general.--On obtaining the approval of the
Secretary, the Governor may redesignate the lead agency, or
the implementing entity, if the Governor shows to the
Secretary good cause why the entity designated as the lead
agency, or the implementing entity, respectively, should
not serve as that agency or entity, respectively. The
Governor shall make the showing in the application
described in subsection (d).
``(ii) Construction.--Nothing in this paragraph shall
be construed to require the Governor of a State to change
the lead agency or implementing entity of the State to an
agency other than the lead agency or implementing entity of
such State as of the date of enactment of the Assistive
Technology Act of 2004.
``(2) Advisory council.--
``(A) In general.--There shall be established an advisory
council to provide consumer-responsive, consumer-driven advice
to the State for, planning of, implementation of, and
evaluation of the activities carried out through the grant,
including setting the measurable goals described in subsection
(d)(3).
``(B) Composition and representation.--
``(i) Composition.--The advisory council shall be
composed of--
``(I) individuals with disabilities that use
assistive technology or the family members or guardians
of the individuals;
``(II) a representative of the designated State
agency, as defined in section 7 of the Rehabilitation
Act of 1973 (29 U.S.C. 705) and the State agency for
individuals who are blind (within the meaning of
section 101 of that Act (29 U.S.C. 721)), if such
agency is separate;
``(III) a representative of a State center for
independent living described in part C of title VII of
the Rehabilitation Act of 1973 (29 U.S.C. 796f et
seq.);
``(IV) a representative of the State workforce
investment board established under section 111 of the
Workforce Investment Act of 1998 (29 U.S.C. 2821);
``(V) a representative of the State educational
agency, as defined in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801);
and
``(VI) representatives of other State agencies,
public agencies, or private organizations, as
determined by the State.
``(ii) Majority.--
``(I) In general.--A majority, not less than 51
percent, of the members of the advisory council, shall
be members appointed under clause (i)(I).
``(II) Representatives of agencies.--Members
appointed under subclauses (II) through (VI) of clause
(i) shall not count toward the majority membership
requirement established in subclause (I).
``(iii) Representation.--The advisory council shall be
geographically representative of the State and reflect the
diversity of the State with respect to race, ethnicity,
types of disabilities across the age span, and users of
types of services that an individual with a disability may
receive.
``(C) Expenses.--The members of the advisory council shall
receive no compensation for their service on the advisory
council, but shall be reimbursed for reasonable and necessary
expenses actually incurred in the performance of official
duties for the advisory council.
``(D) Period.--The members of the State advisory council
shall be appointed not later than 120 days after the date of
enactment of the Assistive Technology Act of 2004.
``(E) Impact on existing statutes, rules, or policies.--
Nothing in this paragraph shall be construed to affect State
statutes, rules, or official policies relating to advisory
bodies for State assistive technology programs or require
changes to governing bodies of incorporated agencies who carry
out State assistive technology programs.
``(d) Application.--
``(1) In general.--Any State that desires to receive a grant
under this section shall submit an application to the Secretary, at
such time, in such manner, and containing such information as the
Secretary may require.
``(2) Lead agency and implementing entity.--The application
shall contain information identifying and describing the lead
agency referred to in subsection (c)(1)(A). The application shall
contain information identifying and describing the implementing
entity referred to in subsection (c)(1)(B), if the Governor of the
State designates such an entity.
``(3) Measurable goals.--The application shall include--
``(A) measurable goals, and a timeline for meeting the
goals, that the State has set for addressing the assistive
technology needs of individuals with disabilities in the State
related to--
``(i) education, including goals involving the
provision of assistive technology to individuals with
disabilities who receive services under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.);
``(ii) employment, including goals involving the State
vocational rehabilitation program carried out under title I
of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.);
``(iii) telecommunication and information technology;
and
``(iv) community living; and
``(B) information describing how the State will
quantifiably measure the goals to determine whether the goals
have been achieved.
``(4) Involvement of public and private entities.--The
application shall describe how various public and private entities
were involved in the development of the application and will be
involved in the implementation of the activities to be carried out
through the grant, including--
``(A) in cases determined to be appropriate by the State, a
description of the nature and extent of resources that will be
committed by public and private collaborators to assist in
accomplishing identified goals; and
``(B) a description of the mechanisms established to ensure
coordination of activities and collaboration between the
implementing entity, if any, and the State.
``(5) Implementation.--The application shall include a
description of--
``(A) how the State will implement each of the required
activities described in subsection (e), except as provided in
subsection (e)(6)(A); and
``(B) how the State will allocate and utilize grant funds
to implement the activities, including describing proposed
budget allocations and planned procedures for tracking
expenditures for activities described in paragraphs (2) and (3)
of subsection (e).
``(6) Assurances.--The application shall include assurances
that--
``(A) the State will annually collect data related to the
required activities implemented by the State under this section
in order to prepare the progress reports required under
subsection (f);
``(B) funds received through the grant--
``(i) will be expended in accordance with this section;
and
``(ii) will be used to supplement, and not supplant,
funds available from other sources for technology-related
assistance, including the provision of assistive technology
devices and assistive technology services;
``(C) the lead agency will control and administer the funds
received through the grant;
``(D) the State will adopt such fiscal control and
accounting procedures as may be necessary to ensure proper
disbursement of and accounting for the funds received through
the grant;
``(E) the physical facility of the lead agency and
implementing entity, if any, meets the requirements of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) regarding accessibility for individuals with
disabilities;
``(F) a public agency or an individual with a disability
holds title to any property purchased with funds received under
the grant and administers that property;
``(G) activities carried out in the State that are
authorized under this Act, and supported by Federal funds
received under this Act, will comply with the standards
established by the Architectural and Transportation Barriers
Compliance Board under section 508 of the Rehabilitation Act of
1973 (20 U.S.C. 794d); and
``(H) the State will--
``(i) prepare reports to the Secretary in such form and
containing such information as the Secretary may require to
carry out the Secretary's functions under this Act; and
``(ii) keep such records and allow access to such
records as the Secretary may require to ensure the
correctness and verification of information provided to the
Secretary under this subparagraph.
``(7) State support.--The application shall include a
description of the activities described in paragraphs (2) and (3)
of subsection (e) that the State will support with State funds.
``(e) Use of Funds.--
``(1) In general.--
``(A) Required activities.--Except as provided in
subparagraph (B) and paragraph (6), any State that receives a
grant under this section shall use a portion of the funds made
available through the grant to carry out activities described
in paragraphs (2) and (3).
``(B) State or non-federal financial support.--A State
shall not be required to use a portion of the funds made
available through the grant to carry out the category of
activities described in subparagraph (A), (B), (C), or (D) of
paragraph (2) if, in that State--
``(i) financial support is provided from State or other
non-Federal resources or entities for that category of
activities; and
``(ii) the amount of the financial support is
comparable to, or greater than, the amount of the portion
of the funds made available through the grant that the
State would have expended for that category of activities,
in the absence of this subparagraph.
``(2) State-level activities.--
``(A) State financing activities.--The State shall support
State financing activities to increase access to, and funding
for, assistive technology devices and assistive technology
services (which shall not include direct payment for such a
device or service for an individual with a disability but may
include support and administration of a program to provide such
payment), including development of systems to provide and pay
for such devices and services, for targeted individuals and
entities described in section 3(16)(A), including--
``(i) support for the development of systems for the
purchase, lease, or other acquisition of, or payment for,
assistive technology devices and assistive technology
services; or
``(ii) support for the development of State-financed or
privately financed alternative financing systems of
subsidies (which may include conducting an initial 1-year
feasibility study of, improving, administering, operating,
providing capital for, or collaborating with an entity with
respect to, such a system) for the provision of assistive
technology devices, such as--
``(I) a low-interest loan fund;
``(II) an interest buy-down program;
``(III) a revolving loan fund;
``(IV) a loan guarantee or insurance program;
``(V) a program providing for the purchase, lease,
or other acquisition of assistive technology devices or
assistive technology services; or
``(VI) another mechanism that is approved by the
Secretary.
``(B) Device reutilization programs.--The State shall
directly, or in collaboration with public or private entities,
carry out assistive technology device reutilization programs
that provide for the exchange, repair, recycling, or other
reutilization of assistive technology devices, which may
include redistribution through device sales, loans, rentals, or
donations.
``(C) Device loan programs.--The State shall directly, or
in collaboration with public or private entities, carry out
device loan programs that provide short-term loans of assistive
technology devices to individuals, employers, public agencies,
or others seeking to meet the needs of targeted individuals and
entities, including others seeking to comply with the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.), the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), and section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794).
``(D) Device demonstrations.--
``(i) In general.--The State shall directly, or in
collaboration with public and private entities, such as
one-stop partners, as defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801),
demonstrate a variety of assistive technology devices and
assistive technology services (including assisting
individuals in making informed choices regarding, and
providing experiences with, the devices and services),
using personnel who are familiar with such devices and
services and their applications.
``(ii) Comprehensive information.--The State shall
directly, or through referrals, provide to individuals, to
the extent practicable, comprehensive information about
State and local assistive technology venders, providers,
and repair services.
``(3) State leadership activities.--
``(A) In general.--A State that receives a grant under this
section shall use a portion of not more than 40 percent of the
funds made available through the grant to carry out the
activities described in subparagraph (B). From that portion,
the State shall use at least 5 percent of the portion for
activities described in subparagraph (B)(i)(III).
``(B) Required activities.--
``(i) Training and technical assistance.--
``(I) In general.--The State shall directly, or
provide support to public or private entities with
demonstrated expertise in collaborating with public or
private agencies that serve individuals with
disabilities, to develop and disseminate training
materials, conduct training, and provide technical
assistance, for individuals from local settings
statewide, including representatives of State and local
educational agencies, other State and local agencies,
early intervention programs, adult service programs,
hospitals and other health care facilities,
institutions of higher education, and businesses.
``(II) Authorized activities.--In carrying out
activities under subclause (I), the State shall carry
out activities that enhance the knowledge, skills, and
competencies of individuals from local settings
described in subclause (I), which may include--
``(aa) general awareness training on the
benefits of assistive technology and the Federal,
State, and private funding sources available to
assist targeted individuals and entities in
acquiring assistive technology;
``(bb) skills-development training in assessing
the need for assistive technology devices and
assistive technology services;
``(cc) training to ensure the appropriate
application and use of assistive technology
devices, assistive technology services, and
accessible technology for e-government functions;
``(dd) training in the importance of multiple
approaches to assessment and implementation
necessary to meet the individualized needs of
individuals with disabilities; and
``(ee) technical training on integrating
assistive technology into the development and
implementation of service plans, including any
education, health, discharge, Olmstead, employment,
or other plan required under Federal or State law.
``(III) Transition assistance to individuals with
disabilities.--The State shall directly, or provide
support to public or private entities to, develop and
disseminate training materials, conduct training,
facilitate access to assistive technology, and provide
technical assistance, to assist--
``(aa) students with disabilities, within the
meaning of the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), that
receive transition services; and
``(bb) adults who are individuals with
disabilities maintaining or transitioning to
community living.
``(ii) Public-awareness activities.--
``(I) In general.--The State shall conduct public-
awareness activities designed to provide information to
targeted individuals and entities relating to the
availability, benefits, appropriateness, and costs of
assistive technology devices and assistive technology
services, including--
``(aa) the development of procedures for
providing direct communication between providers of
assistive technology and targeted individuals and
entities, which may include partnerships with
entities in the statewide and local workforce
investment systems established under the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.),
State vocational rehabilitation centers, public and
private employers, or elementary and secondary
public schools;
``(bb) the development and dissemination, to
targeted individuals and entities, of information
about State efforts related to assistive
technology; and
``(cc) the distribution of materials to
appropriate public and private agencies that
provide social, medical, educational, employment,
and transportation services to individuals with
disabilities.
``(II) Collaboration.--The State shall collaborate
with entities that receive awards under paragraphs (1)
and (3) of section 6(b) to carry out public-awareness
activities focusing on infants, toddlers, children,
transition-age youth, employment-age adults, seniors,
and employers.
``(III) Statewide information and referral
system.--
``(aa) In general.--The State shall directly,
or in collaboration with public or private (such as
nonprofit) entities, provide for the continuation
and enhancement of a statewide information and
referral system designed to meet the needs of
targeted individuals and entities.
``(bb) Content.--The system shall deliver
information on assistive technology devices,
assistive technology services (with specific data
regarding provider availability within the State),
and the availability of resources, including
funding through public and private sources, to
obtain assistive technology devices and assistive
technology services. The system shall also deliver
information on the benefits of assistive technology
devices and assistive technology services with
respect to enhancing the capacity of individuals
with disabilities of all ages to perform activities
of daily living.
``(iii) Coordination and collaboration.--The State
shall coordinate activities described in paragraph (2) and
this paragraph, among public and private entities that are
responsible for policies, procedures, or funding for the
provision of assistive technology devices and assistive
technology services to individuals with disabilities,
service providers, and others to improve access to
assistive technology devices and assistive technology
services for individuals with disabilities of all ages in
the State.
``(4) Indirect costs.--Not more than 10 percent of the funds
made available through a grant to a State under this section may be
used for indirect costs.
``(5) Prohibition.--Funds made available through a grant to a
State under this section shall not be used for direct payment for
an assistive technology device for an individual with a disability.
``(6) State flexibility.--
``(A) In general.--Notwithstanding paragraph (1)(A) and
subject to subparagraph (B), a State may use funds that the
State receives under a grant awarded under this section to
carry out any 2 or more of the activities described in
paragraph (2).
``(B) Special rule.--Notwithstanding paragraph (3)(A), any
State that exercises its authority under subparagraph (A)--
``(i) shall carry out each of the required activities
described in paragraph (3)(B); and
``(ii) shall use not more than 30 percent of the funds
made available through the grant to carry out the
activities described in paragraph (3)(B).
``(f) Annual Progress Reports.--
``(1) Data collection.--States shall participate in data
collection as required by law, including data collection required
for preparation of the reports described in paragraph (2).
``(2) Reports.--
``(A) In general.--Each State shall prepare and submit to
the Secretary an annual progress report on the activities
funded under this Act, at such time, and in such manner, as the
Secretary may require.
``(B) Contents.--The report shall include data collected
pursuant to this section. The report shall document, with
respect to activities carried out under this section in the
State--
``(i) the type of State financing activities described
in subsection (e)(2)(A) used by the State;
``(ii) the amount and type of assistance given to
consumers of the State financing activities described in
subsection (e)(2)(A) (who shall be classified by type of
assistive technology device or assistive technology service
financed through the State financing activities, and
geographic distribution within the State), including--
``(I) the number of applications for assistance
received;
``(II) the number of applications approved and
rejected;
``(III) the default rate for the financing
activities;
``(IV) the range and average interest rate for the
financing activities;
``(V) the range and average income of approved
applicants for the financing activities; and
``(VI) the types and dollar amounts of assistive
technology financed;
``(iii) the number, type, and length of time of loans
of assistive technology devices provided to individuals
with disabilities, employers, public agencies, or public
accommodations through the device loan program described in
subsection (e)(2)(C), and an analysis of the individuals
with disabilities who have benefited from the device loan
program;
``(iv) the number, type, estimated value, and scope of
assistive technology devices exchanged, repaired, recycled,
or reutilized (including redistributed through device
sales, loans, rentals, or donations) through the device
reutilization program described in subsection (e)(2)(B),
and an analysis of the individuals with disabilities that
have benefited from the device reutilization program;
``(v) the number and type of device demonstrations and
referrals provided under subsection (e)(2)(D), and an
analysis of individuals with disabilities who have
benefited from the demonstrations and referrals;
``(vi)(I) the number and general characteristics of
individuals who participated in training under subsection
(e)(3)(B)(i) (such as individuals with disabilities,
parents, educators, employers, providers of employment
services, health care workers, counselors, other service
providers, or vendors) and the topics of such training; and
``(II) to the extent practicable, the geographic
distribution of individuals who participated in the
training;
``(vii) the frequency of provision and nature of
technical assistance provided to State and local agencies
and other entities;
``(viii) the number of individuals assisted through the
public-awareness activities and statewide information and
referral system described in subsection (e)(3)(B)(ii);
``(ix) the outcomes of any improvement initiatives
carried out by the State as a result of activities funded
under this section, including a description of any written
policies, practices, and procedures that the State has
developed and implemented regarding access to, provision
of, and funding for, assistive technology devices, and
assistive technology services, in the contexts of
education, health care, employment, community living, and
information technology and telecommunications, including e-
government;
``(x) the source of leveraged funding or other
contributed resources, including resources provided through
subcontracts or other collaborative resource-sharing
agreements, from and with public and private entities to
carry out State activities described in subsection
(e)(3)(B)(iii), the number of individuals served with the
contributed resources for which information is not reported
under clauses (i) through (ix) or clause (xi) or (xii), and
other outcomes accomplished as a result of such activities
carried out with the contributed resources; and
``(xi) the level of customer satisfaction with the
services provided.
``SEC. 5. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES RELATED TO
ASSISTIVE TECHNOLOGY.
``(a) Grants.--
``(1) In general.--The Secretary shall make grants under
subsection (b) to protection and advocacy systems in each State for
the purpose of enabling such systems to assist in the acquisition,
utilization, or maintenance of assistive technology devices or
assistive technology services for individuals with disabilities.
``(2) General authorities.--In providing such assistance,
protection and advocacy systems shall have the same general
authorities as the systems are afforded under subtitle C of title I
of the Developmental Disabilities Assistance and Bill of Rights Act
of 2000 (42 U.S.C. 15041 et seq.), as determined by the Secretary.
``(b) Grants.--
``(1) Reservation.--For each fiscal year, the Secretary shall
reserve such sums as may be necessary to carry out paragraph (4).
``(2) Population basis.--From the funds appropriated under
section 8(b) for a fiscal year and remaining after the reservation
required by paragraph (1) has been made, the Secretary shall make a
grant to a protection and advocacy system within each State in an
amount bearing the same ratio to the remaining funds as the
population of the State bears to the population of all States.
``(3) Minimums.--Subject to the availability of appropriations,
the amount of a grant to a protection and advocacy system under
paragraph (2) for a fiscal year shall--
``(A) in the case of a protection and advocacy system
located in American Samoa, Guam, the United States Virgin
Islands, or the Commonwealth of the Northern Mariana Islands,
not be less than $30,000; and
``(B) in the case of a protection and advocacy system
located in a State not described in subparagraph (A), not be
less than $50,000.
``(4) Payment to the system serving the american indian
consortium.--
``(A) In general.--The Secretary shall make grants to the
protection and advocacy system serving the American Indian
Consortium to provide services in accordance with this section.
``(B) Amount of grants.--The amount of such grants shall be
the same as the amount provided under paragraph (3)(A).
``(c) Direct Payment.--Notwithstanding any other provision of law,
the Secretary shall pay directly to any protection and advocacy system
that complies with this section, the total amount of the grant made for
such system under this section, unless the system provides otherwise
for payment of the grant amount.
``(d) Certain States.--
``(1) Grant to lead agency.--Notwithstanding any other
provision of this section, with respect to a State that, on
November 12, 1998, was described in section 102(f)(1) of the
Technology-Related Assistance for Individuals With Disabilities Act
of 1988, the Secretary shall pay the amount of the grant described
in subsection (a), and made under subsection (b), to the lead
agency designated under section 4(c)(1) for the State.
``(2) Distribution of funds.--A lead agency to which a grant
amount is paid under paragraph (1) shall determine the manner in
which funds made available through the grant will be allocated
among the entities that were providing protection and advocacy
services in that State on the date described in such paragraph, and
shall distribute funds to such entities. In distributing such
funds, the lead agency shall not establish any additional
eligibility or procedural requirements for an entity in the State
that supports protection and advocacy services through a protection
and advocacy system. Such an entity shall comply with the same
requirements (including reporting and enforcement requirements) as
any other entity that receives funding under this section.
``(3) Application of provisions.--Except as provided in this
subsection, the provisions of this section shall apply to the grant
in the same manner, and to the same extent, as the provisions apply
to a grant to a system.
``(e) Carryover.--Any amount paid to an eligible system for a
fiscal year under this section that remains unobligated at the end of
such fiscal year shall remain available to such system for obligation
during the subsequent fiscal year. Program income generated from such
amount shall remain available for 2 additional fiscal years after the
year in which such amount was paid to an eligible system and may only
be used to improve the awareness of individuals with disabilities about
the accessibility of assistive technology and assist such individuals
in the acquisition, utilization, or maintenance of assistive technology
devices or assistive technology services.
``(f) Report to Secretary.--An entity that receives a grant under
this section shall annually prepare and submit to the Secretary a
report that contains such information as the Secretary may require,
including documentation of the progress of the entity in--
``(1) conducting consumer-responsive activities, including
activities that will lead to increased access, for individuals with
disabilities, to funding for assistive technology devices and
assistive technology services;
``(2) engaging in informal advocacy to assist in securing
assistive technology devices and assistive technology services for
individuals with disabilities;
``(3) engaging in formal representation for individuals with
disabilities to secure systems change, and in advocacy activities
to secure assistive technology devices and assistive technology
services for individuals with disabilities;
``(4) developing and implementing strategies to enhance the
long-term abilities of individuals with disabilities and their
family members, guardians, advocates, and authorized
representatives to advocate the provision of assistive technology
devices and assistive technology services to which the individuals
with disabilities are entitled under law other than this Act;
``(5) coordinating activities with protection and advocacy
services funded through sources other than this Act, and
coordinating activities with the capacity building and advocacy
activities carried out by the lead agency; and
``(6) effectively allocating funds made available under this
section to improve the awareness of individuals with disabilities
about the accessibility of assistive technology and assist such
individuals in the acquisition, utilization, or maintenance of
assistive technology devices or assistive technology services.
``(g) Reports and Updates to State Agencies.--An entity that
receives a grant under this section shall prepare and submit to the
lead agency of the State designated under section 4(c)(1) the report
described in subsection (f) and quarterly updates concerning the
activities described in subsection (f).
``(h) Coordination.--On making a grant under this section to an
entity in a State, the Secretary shall solicit and consider the
opinions of the lead agency of the State with respect to efforts at
coordination of activities, collaboration, and promoting outcomes
between the lead agency and the entity that receives the grant under
this section.
``SEC. 6. NATIONAL ACTIVITIES.
``(a) In General.--In order to support activities designed to
improve the administration of this Act, the Secretary, under subsection
(b)--
``(1) may award, on a competitive basis, grants, contracts, and
cooperative agreements to entities to support activities described
in paragraphs (1) and (2) of subsection (b); and
``(2) shall award, on a competitive basis, grants, contracts,
and cooperative agreements to entities to support activities
described in paragraphs (3), (4), and (5) of subsection (b).
``(b) Authorized Activities.--
``(1) National public-awareness toolkit.--
``(A) National public-awareness toolkit.--The Secretary may
award a 1-time grant, contract, or cooperative agreement to an
eligible entity to support a training and technical assistance
program that--
``(i) expands public-awareness efforts to reach
targeted individuals and entities;
``(ii) contains appropriate accessible multimedia
materials to reach targeted individuals and entities, for
dissemination to State assistive technology programs; and
``(iii) in coordination with State assistive technology
programs, provides meaningful and up-to-date information to
targeted individuals and entities about the availability of
assistive technology devices and assistive technology
services.
``(B) Eligible entity.--To be eligible to receive the
grant, contract, or cooperative agreement, an entity shall
develop a partnership that--
``(i) shall consist of--
``(I) a lead agency or implementing entity for a
State assistive technology program or an organization
or association that represents implementing entities
for State assistive technology programs;
``(II) a private or public entity from the media
industry;
``(III) a private entity from the assistive
technology industry; and
``(IV) a private employer or an organization or
association that represents private employers;
``(ii) may include other entities determined by the
Secretary to be necessary; and
``(iii) may include other entities determined by the
applicant to be appropriate.
``(2) Research and development.--
``(A) In general.--The Secretary may award grants,
contracts, or cooperative agreements to eligible entities to
carry out research and development of assistive technology that
consists of--
``(i) developing standards for reliability and
accessibility of assistive technology, and standards for
interoperability (including open standards) of assistive
technology with information technology, telecommunications
products, and other assistive technology; or
``(ii) developing assistive technology that benefits
individuals with disabilities or developing technologies or
practices that result in the adaptation, maintenance,
servicing, or improvement of assistive technology devices.
``(B) Eligible entities.--Entities eligible to receive a
grant, contract, or cooperative agreement under this paragraph
shall include--
``(i) providers of assistive technology services and
assistive technology devices;
``(ii) institutions of higher education, including
University Centers for Excellence in Developmental
Disabilities Education, Research, and Service authorized
under subtitle D of title I of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15061 et seq.), or such institutions offering
rehabilitation engineering programs, computer science
programs, or information technology programs;
``(iii) manufacturers of assistive technology devices;
and
``(iv) professionals, individuals, organizations, and
agencies providing services or employment to individuals
with disabilities.
``(C) Collaboration.--An entity that receives a grant,
contract, or cooperative agreement under this paragraph shall,
in developing and implementing the project carried out through
the grant, contract, or cooperative agreement coordinate
activities with the lead agency for the State assistive
technology program (or a national organization that represents
such programs) and the State advisory council described in
section 4(c)(2) (or a national organization that represents
such councils).
``(3) State training and technical assistance.--
``(A) Training and technical assistance efforts.--The
Secretary shall award a grant, contract, or cooperative
agreement to an entity to support a training and technical
assistance program that--
``(i) addresses State-specific information requests
concerning assistive technology from entities funded under
this Act and public entities not funded under this Act,
including--
``(I) requests for information on effective
approaches to Federal-State coordination of programs
for individuals with disabilities, related to improving
funding for or access to assistive technology devices
and assistive technology services for individuals with
disabilities of all ages;
``(II) requests for state-of-the-art, or model,
Federal, State, and local laws, regulations, policies,
practices, procedures, and organizational structures,
that facilitate, and overcome barriers to, funding for,
and access to, assistive technology devices and
assistive technology services;
``(III) requests for information on effective
approaches to developing, implementing, evaluating, and
sustaining activities described in sections 4 and 5 and
related to improving funding for or access to assistive
technology devices and assistive technology services
for individuals with disabilities of all ages, and
requests for assistance in developing corrective action
plans;
``(IV) requests for examples of policies,
practices, procedures, regulations, or judicial
decisions that have enhanced or may enhance access to
funding for assistive technology devices and assistive
technology services for individuals with disabilities;
``(V) requests for information on effective
approaches to the development of consumer-controlled
systems that increase access to, funding for, and
awareness of, assistive technology devices and
assistive technology services; and
``(VI) other requests for training and technical
assistance from entities funded under this Act and
public and private entities not funded under this Act;
``(ii) assists targeted individuals and entities by
disseminating information about--
``(I) Federal, State, and local laws, regulations,
policies, practices, procedures, and organizational
structures, that facilitate, and overcome barriers to,
funding for, and access to, assistive technology
devices and assistive technology services, to promote
fuller independence, productivity, and inclusion in
society for individuals with disabilities of all ages;
and
``(II) technical assistance activities undertaken
under clause (i);
``(iii) provides State-specific, regional, and national
training and technical assistance concerning assistive
technology to entities funded under this Act, other
entities funded under this Act, and public and private
entities not funded under this Act, including--
``(I) annually providing a forum for exchanging
information concerning, and promoting program and
policy improvements in, required activities of the
State assistive technology programs;
``(II) facilitating onsite and electronic
information sharing using state-of-the-art Internet
technologies such as real-time online discussions,
multipoint video conferencing, and web-based audio/
video broadcasts, on emerging topics that affect State
assistive technology programs;
``(III) convening experts from State assistive
technology programs to discuss and make recommendations
with regard to national emerging issues of importance
to individuals with assistive technology needs;
``(IV) sharing best practice and evidence-based
practices among State assistive technology programs;
``(V) maintaining an accessible website that
includes a link to State assistive technology programs,
appropriate Federal departments and agencies, and
private associations and developing a national toll-
free number that links callers from a State with the
State assistive technology program in their State;
``(VI) developing or utilizing existing (as of the
date of the award involved) model cooperative volume-
purchasing mechanisms designed to reduce the financial
costs of purchasing assistive technology for required
and discretionary activities identified in section 4,
and reducing duplication of activities among State
assistive technology programs; and
``(VII) providing access to experts in the areas of
banking, microlending, and finance, for entities funded
under this Act, through site visits, teleconferences,
and other means, to ensure access to information for
entities that are carrying out new programs or programs
that are not making progress in achieving the
objectives of the programs; and
``(iv) includes such other activities as the Secretary
may require.
``(B) Eligible entities.--To be eligible to receive a
grant, contract, or cooperative agreement under this paragraph,
an entity shall have (directly or through grant or contract)--
``(i) experience and expertise in administering
programs, including developing, implementing, and
administering the required and discretionary activities
described in sections 4 and 5, and providing technical
assistance; and
``(ii) documented experience in and knowledge about
banking, finance, and microlending.
``(C) Collaboration.--In developing and providing training
and technical assistance under this paragraph, including
activities identified as priorities, a recipient of a grant,
contract, or cooperative agreement under this paragraph shall
collaborate with other organizations, in particular--
``(i) organizations representing individuals with
disabilities;
``(ii) national organizations representing State
assistive technology programs;
``(iii) organizations representing State officials and
agencies engaged in the delivery of assistive technology;
``(iv) the data-collection and reporting providers
described in paragraph (5); and
``(v) other providers of national programs or programs
of national significance funded under this Act.
``(4) National information internet system.--
``(A) In general.--The Secretary shall award a grant,
contract, or cooperative agreement to an entity to renovate,
update, and maintain the National Public Internet Site
established under this Act (as in effect on the day before the
date of enactment of the Assistive Technology Act of 2004).
``(B) Features of internet site.--The National Public
Internet Site shall contain the following features:
``(i) Availability of information at any time.--The
site shall be designed so that any member of the public may
obtain information posted on the site at any time.
``(ii) Innovative automated intelligent agent.--The
site shall be constructed with an innovative automated
intelligent agent that is a diagnostic tool for assisting
users in problem definition and the selection of
appropriate assistive technology devices and assistive
technology services resources.
``(iii) Resources.--
``(I) Library on assistive technology.--The site
shall include access to a comprehensive working library
on assistive technology for all environments, including
home, workplace, transportation, and other
environments.
``(II) Information on accommodating individuals
with disabilities.--The site shall include access to
evidence-based research and best practices concerning
how assistive technology can be used to accommodate
individuals with disabilities in the areas of
education, employment, health care, community living,
and telecommunications and information technology.
``(III) Resources for a number of disabilities.--
The site shall include resources relating to the
largest possible number of disabilities, including
resources relating to low-level reading skills.
``(iv) Links to private-sector resources and
information.--To the extent feasible, the site shall be
linked to relevant private-sector resources and
information, under agreements developed between the
recipient of the grant, contract, or cooperative agreement
and cooperating private-sector entities.
``(v) Links to public-sector resources and
information.--To the extent feasible, the site shall be
linked to relevant public-sector resources and information,
such as the Internet sites of the Office of Special
Education and Rehabilitation Services of the Department of
Education, the Office of Disability Employment Policy of
the Department of Labor, the Small Business Administration,
the Architectural and Transportation Barriers Compliance
Board, the Technology Administration of the Department of
Commerce, the Jobs Accommodation Network funded by the
Office of Disability Employment Policy of the Department of
Labor, and other relevant sites.
``(vi) Minimum library components.--At a minimum, the
site shall maintain updated information on--
``(I) State assistive technology program
demonstration sites where individuals may try out
assistive technology devices;
``(II) State assistive technology program device
loan program sites where individuals may borrow
assistive technology devices;
``(III) State assistive technology program device
reutilization program sites;
``(IV) alternative financing programs or State
financing systems operated through, or independently
of, State assistive technology programs, and other
sources of funding for assistive technology devices;
and
``(V) various programs, including programs with tax
credits, available to employers for hiring or
accommodating employees who are individuals with
disabilities.
``(C) Eligible entity.--To be eligible to receive a grant,
contract, or cooperative agreement under this paragraph, an
entity shall be a nonprofit organization, for-profit
organization, or institution of higher education, that--
``(i) emphasizes research and engineering;
``(ii) has a multidisciplinary research center; and
``(iii) has demonstrated expertise in--
``(I) working with assistive technology and
intelligent agent interactive information dissemination
systems;
``(II) managing libraries of assistive technology
and disability-related resources;
``(III) delivering to individuals with disabilities
education, information, and referral services,
including technology-based curriculum-development
services for adults with low-level reading skills;
``(IV) developing cooperative partnerships with the
private sector, particularly with private-sector
computer software, hardware, and Internet services
entities; and
``(V) developing and designing advanced Internet
sites.
``(5) Data-collection and reporting assistance.--
``(A) In general.--The Secretary shall award grants,
contracts, and cooperative agreements to entities to assist the
entities in carrying out State assistive technology programs in
developing and implementing effective data-collection and
reporting systems that--
``(i) focus on quantitative and qualitative data
elements;
``(ii) measure the outcomes of the required activities
described in section 4 that are implemented by the States
and the progress of the States toward achieving the
measurable goals described in section 4(d)(3);
``(iii) provide States with the necessary information
required under this Act or by the Secretary for reports
described in section 4(f)(2); and
``(iv) help measure the accrued benefits of the
activities to individuals who need assistive technology.
``(B) Eligible entities.--To be eligible to receive a
grant, contract, or cooperative agreement under this paragraph,
an entity shall have personnel with--
``(i) documented experience and expertise in
administering State assistive technology programs;
``(ii) experience in collecting and analyzing data
associated with implementing required and discretionary
activities;
``(iii) expertise necessary to identify additional data
elements needed to provide comprehensive reporting of State
activities and outcomes; and
``(iv) experience in utilizing data to provide annual
reports to State policymakers.
``(c) Application.--To be eligible to receive a grant, contract, or
cooperative agreement under this section, an entity shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
``(d) Input.--With respect to the activities described in
subsection (b) to be funded under this section, including the national
and regionally based training and technical assistance efforts carried
out through the activities, in designing the activities the Secretary
shall consider, and in providing the activities providers shall
include, input of the directors of comprehensive statewide programs of
technology-related assistance, directors of alternative financing
programs, and other individuals the Secretary determines to be
appropriate, especially--
``(1) individuals with disabilities who use assistive
technology and understand the barriers to the acquisition of such
technology and assistive technology services;
``(2) family members, guardians, advocates, and authorized
representatives of such individuals;
``(3) individuals employed by protection and advocacy systems
funded under section 5;
``(4) relevant employees from Federal departments and agencies,
other than the Department of Education;
``(5) representatives of businesses; and
``(6) venders and public and private researchers and
developers.
``SEC. 7. ADMINISTRATIVE PROVISIONS.
``(a) General Administration.--
``(1) In general.--Notwithstanding any other provision of law,
the Assistant Secretary for Special Education and Rehabilitative
Services of the Department of Education, acting through the
Rehabilitation Services Administration, shall be responsible for
the administration of this Act.
``(2) Collaboration.--The Assistant Secretary for Special
Education and Rehabilitative Services shall consult with the Office
of Special Education Programs, the Rehabilitation Services
Administration, and the National Institute on Disability and
Rehabilitation Research in the Office of Special Education and
Rehabilitative Services, and appropriate Federal entities in the
administration of this Act.
``(3) Administration.--In administering this Act, the
Rehabilitation Services Administration shall ensure that programs
funded under this Act will address the needs of individuals with
disabilities of all ages, whether the individuals will use the
assistive technology to obtain or maintain employment, to obtain
education, or for other reasons.
``(4) Orderly transition.--
``(A) In general.--The Secretary shall take such steps as
the Secretary determines to be appropriate to provide for the
orderly transition to, and implementation of, programs
authorized by this Act, from programs authorized by the
Assistive Technology Act of 1998, as in effect on the day
before the date of enactment of the Assistive Technology Act of
2004.
``(B) Cessation of effectiveness.--Subparagraph (A) ceases
to be effective on the date that is 6 months after the date of
enactment of the Assistive Technology Act of 2004.
``(b) Review of Participating Entities.--
``(1) In general.--The Secretary shall assess the extent to
which entities that receive grants under this Act are complying
with the applicable requirements of this Act and achieving
measurable goals that are consistent with the requirements of the
grant programs under which the entities received the grants.
``(2) Provision of information.--To assist the Secretary in
carrying out the responsibilities of the Secretary under this
section, the Secretary may require States to provide relevant
information, including the information required under subsection
(d).
``(c) Corrective Action and Sanctions.--
``(1) Corrective action.--If the Secretary determines that an
entity that receives a grant under this Act fails to substantially
comply with the applicable requirements of this Act, or to make
substantial progress toward achieving the measurable goals
described in subsection (b)(1) with respect to the grant program,
the Secretary shall assist the entity, through technical assistance
funded under section 6 or other means, within 90 days after such
determination, to develop a corrective action plan.
``(2) Sanctions.--If the entity fails to develop and comply
with a corrective action plan described in paragraph (1) during a
fiscal year, the entity shall be subject to 1 of the following
corrective actions selected by the Secretary:
``(A) Partial or complete termination of funding under the
grant program, until the entity develops and complies with such
a plan.
``(B) Ineligibility to participate in the grant program in
the following year.
``(C) Reduction in the amount of funding that may be used
for indirect costs under section 4 for the following year.
``(D) Required redesignation of the lead agency designated
under section 4(c)(1) or an entity responsible for
administering the grant program.
``(3) Appeals procedures.--The Secretary shall establish
appeals procedures for entities that are determined to be in
noncompliance with the applicable requirements of this Act, or have
not made substantial progress toward achieving the measurable goals
described in subsection (b)(1).
``(4) Secretarial action.--As part of the annual report
required under subsection (d), the Secretary shall describe each
such action taken under paragraph (1) or (2) and the outcomes of
each such action.
``(5) Public notification.--The Secretary shall notify the
public, by posting on the Internet website of the Department of
Education, of each action taken by the Secretary under paragraph
(1) or (2). As a part of such notification, the Secretary shall
describe each such action taken under paragraph (1) or (2) and the
outcomes of each such action.
``(d) Annual Report to Congress.--
``(1) In general.--Not later than December 31 of each year, the
Secretary shall prepare, and submit to the President and to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate, a report on the activities funded under
this Act to improve the access of individuals with disabilities to
assistive technology devices and assistive technology services.
``(2) Contents.--Such report shall include--
``(A) a compilation and summary of the information provided
by the States in annual progress reports submitted under
section 4(f); and
``(B) a summary of the State applications described in
section 4(d) and an analysis of the progress of the States in
meeting the measurable goals established in State applications
under section 4(d)(3).
``(e) Construction.--Nothing in this section shall be construed to
affect the enforcement authority of the Secretary, another Federal
officer, or a court under part D of the General Education Provisions
Act (20 U.S.C. 1234 et seq.) or other applicable law.
``(f) Effect on Other Assistance.--This Act may not be construed as
authorizing a Federal or State agency to reduce medical or other
assistance available, or to alter eligibility for a benefit or service,
under any other Federal law.
``(g) Rule.--The Assistive Technology Act of 1998 (as in effect on
the day before the date of enactment of the Assistive Technology Act of
2004) shall apply to funds appropriated under the Assistive Technology
Act of 1998 for fiscal year 2004.
``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
``(a) State Grants for Assistive Technology and National
Activities.--
``(1) In general.--There are authorized to be appropriated to
carry out sections 4 and 6 such sums as may be necessary for each
of fiscal years 2005 through 2010.
``(2) Reservation.--
``(A) Definition.--In this paragraph, the term `higher
appropriation year' means a fiscal year for which the amount
appropriated under paragraph (1) and made available to carry
out section 4 is at least $665,000 greater than the amount
that--
``(i) was appropriated under section 105 of this Act
(as in effect on October 1, 2003) for fiscal year 2004; and
``(ii) was not reserved for grants under section 102 or
104 of this Act (as in effect on such date) for fiscal year
2004.
``(B) Amount reserved for national activities.--Of the
amount appropriated under paragraph (1) for a fiscal year--
``(i) not more than $1,235,000 may be reserved to carry
out section 6, except as provided in clause (ii); and
``(ii) for a higher appropriation year--
``(I) not more than $1,900,000 may be reserved to
carry out section 6; and
``(II) of the amount so reserved, the portion
exceeding $1,235,000 shall be used to carry out
paragraphs (1) and (2) of section 6(b).
``(b) State Grants for Protection and Advocacy Services Related to
Assistive Technology.--There are authorized to be appropriated to carry
out section 5 $4,419,000 for fiscal year 2005 and such sums as may be
necessary for each of fiscal years 2006 through 2010.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Developmental Disabilities Assistance and Bill of Rights Act of
2000.--The Developmental Disabilities Assistance and Bill of Rights Act
of 2000 (42 U.S.C. 15001 et seq.) is amended--
(1) in section 124(c)(3)(B), by striking ``section 101 or 102
of the Assistive Technology Act of 1998 (29 U.S.C. 3011, 3012)''
and inserting ``section 4 or 5 of the Assistive Technology Act of
1998'';
(2) in section 125(c)(5)(G)(i), by striking ``section 101 or
102 of the Assistive Technology Act of 1998 (29 U.S.C. 3011,
3012)'' and inserting ``section 4 or 5 of the Assistive Technology
Act of 1998'';
(3) in section 143(a)(2)(D)(ii), by striking ``section 101 or
102 of the Assistive Technology Act of 1998 (29 U.S.C. 3011,
3012)'' and inserting ``section 4 or 5 of the Assistive Technology
Act of 1998''; and
(4) in section 154(a)(3)(E)(ii)(VI), by striking ``section 101
or 102 of the Assistive Technology Act of 1998 (29 U.S.C. 3011,
3012)'' and inserting ``section 4 or 5 of the Assistive Technology
Act of 1998''.
(b) Rehabilitation Act of 1973.--The Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.) is amended--
(1) in section 203, by striking subsection (e) and inserting
the following:
``(e) In this section--
``(1) the terms `assistive technology' and `universal design'
have the meanings given the terms in section 3 of the Assistive
Technology Act of 1998; and
``(2) the term `targeted individuals' has the meaning given the
term `targeted individuals and entities' in section 3 of the
Assistive Technology Act of 1998.'';
(2) in section 401(c)(2), by striking ``targeted individuals''
and inserting ``targeted individuals and entities''; and
(3) in section 502(d), by striking ``targeted individuals'' and
inserting ``targeted individuals and entities''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.