In the Senate of the United States,

September 30, 2004.

Resolved, That the bill from the House of Representatives (H.R. 4278) entitled ‘‘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.’’, do pass with the

following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Assistive Technology Act

3 of 2004’’.
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1 SEC. 2. AMENDMENT TO THE ASSISTIVE TECHNOLOGY ACT

2 OF 1998.

3 The Assistive Technology Act of 1998 (29 U.S.C. 3001

4 et seq.) is amended to read as follows:

5 ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

6 ‘‘(a) SHORT TITLE.—This Act may be cited as the ‘As7 sistive Technology Act of 1998’.

8 ‘‘(b) TABLE OF CONTENTS.—The table of contents of

9 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.

10 ‘‘SEC. 2. FINDINGS AND PURPOSES.

11 ‘‘(a) FINDINGS.—Congress finds the following:

12 ‘‘(1) Over 54,000,000 individuals in the United

13 States have disabilities, with almost half experiencing

14 severe disabilities that affect their ability to see, hear,

15 communicate, reason, walk, or perform other basic life

16 functions.

17 ‘‘(2) Disability is a natural part of the human

18 experience and in no way diminishes the right of in19 dividuals to—

20 ‘‘(A) live independently;
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1 ‘‘(B) enjoy self-determination and make

2 choices;

3 ‘‘(C) benefit from an education;

4 ‘‘(D) pursue meaningful careers; and

5 ‘‘(E) enjoy full inclusion and integration in

6 the economic, political, social, cultural, and edu7 cational mainstream of society in the United

8 States.

9 ‘‘(3) Technology is one of the primary engines

10 for economic activity, education, and innovation in

11 the Nation, and throughout the world. The commit12 ment of the United States to the development and uti13 lization of technology is one of the main factors un14 derlying the strength and vibrancy of the economy of

15 the United States.

16 ‘‘(4) As technology has come to play an increas17 ingly important role in the lives of all persons in the

18 United States, in the conduct of business, in the func19 tioning of government, in the fostering of communica20 tion, in the conduct of commerce, and in the provi21 sion of education, its impact upon the lives of indi22 viduals with disabilities in the United States has been

23 comparable to its impact upon the remainder of the

24 citizens of the United States. Any development in

25 mainstream technology will have profound implica-
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1 tions for individuals with disabilities in the United

2 States.

3 ‘‘(5) Substantial progress has been made in the

4 development of assistive technology devices, including

5 adaptations to existing devices that facilitate activi6 ties of daily living that significantly benefit individ7 uals with disabilities of all ages. These devices, in8 cluding adaptations, increase involvement in, and re9 duce expenditures associated with, programs and ac10 tivities that facilitate communication, ensure inde11 pendent functioning, enable early childhood develop12 ment, support educational achievement, provide and

13 enhance employment options, and enable full partici14 pation in community living for individuals with dis15 abilities. Access to such devices can also reduce ex16 penditures associated with early childhood interven17 tion, education, rehabilitation and training, health

18 care, employment, residential living, independent liv19 ing, recreation opportunities, and other aspects of

20 daily living.

21 ‘‘(6) Over the last 15 years, the Federal Govern22 ment has invested in the development of comprehen23 sive statewide programs of technology-related assist24 ance, which have proven effective in assisting individ25 uals with disabilities in accessing assistive technology
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1 devices and assistive technology services. This part2 nership between the Federal Government and the

3 States provided an important service to individuals

4 with disabilities by strengthening the capacity of each

5 State to assist individuals with disabilities of all ages

6 meet their assistive technology needs.

7 ‘‘(7) Despite the success of the Federal-State

8 partnership in providing access to assistive tech9 nology devices and assistive technology services, there

10 is a continued need to provide information about the

11 availability of assistive technology, advances in im12 proving accessibility and functionality of assistive

13 technology, and appropriate methods to secure and

14 utilize assistive technology in order to maximize the

15 independence and participation of individuals with

16 disabilities in society.

17 ‘‘(8) The combination of significant recent

18 changes in Federal policy (including changes to sec19 tion 508 of the Rehabilitation Act of 1973 (29 U.S.C.

20 794d), accessibility provisions of the Help America

21 Vote Act of 2002 (42 U.S.C. 15301 et seq.), and the

22 amendments made to the Elementary and Secondary

23 Education Act of 1965 (20 U.S.C. 6301 et seq.) by the

24 No Child Left Behind Act of 2001) and the rapid and

25 unending evolution of technology require a Federal-
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1 State investment in State assistive technology systems

2 to continue to ensure that individuals with disabil3 ities reap the benefits of the technological revolution

4 and participate fully in life in their communities.

5 ‘‘(b) PURPOSES.—The purposes of this Act are—

6 ‘‘(1) to support State efforts to improve the pro7 vision of assistive technology to individuals with dis8 abilities through comprehensive statewide programs of

9 technology-related assistance, for individuals with dis10 abilities of all ages, that are designed to—

11 ‘‘(A) increase the availability of, funding

12 for, access to, provision of, and training about

13 assistive technology devices and assistive tech14 nology services;

15 ‘‘(B) increase the ability of individuals with

16 disabilities of all ages to secure and maintain

17 possession of assistive technology devices as such

18 individuals make the transition between services

19 offered by educational or human service agencies

20 or between settings of daily living (for example,

21 between home and work);

22 ‘‘(C) increase the capacity of public agen23 cies and private entities to provide and pay for

24 assistive technology devices and assistive tech-
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1 nology services on a statewide basis for individ2 uals with disabilities of all ages;

3 ‘‘(D) increase the involvement of individ4 uals with disabilities and, if appropriate, their

5 family members, guardians, advocates, and au6 thorized representatives, in decisions related to

7 the provision of assistive technology devices and

8 assistive technology services;

9 ‘‘(E) increase and promote coordination

10 among State agencies, between State and local

11 agencies, among local agencies, and between

12 State and local agencies and private entities

13 (such as managed care providers), that are in14 volved or are eligible to be involved in carrying

15 out activities under this Act;

16 ‘‘(F) increase the awareness and facilitate

17 the change of laws, regulations, policies, prac18 tices, procedures, and organizational structures,

19 that facilitate the availability or provision of as20 sistive technology devices and assistive technology

21 services; and

22 ‘‘(G) increase awareness and knowledge of

23 the benefits of assistive technology devices and

24 assistive technology services among targeted indi-
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1 viduals and entities and the general population;

2 and

3 ‘‘(2) to provide States with financial assistance

4 that supports programs designed to maximize the

5 ability of individuals with disabilities and their fam6 ily members, guardians, advocates, and authorized

7 representatives to obtain assistive technology devices

8 and assistive technology services.

9 ‘‘SEC. 3. DEFINITIONS.

10 ‘‘In this Act:

11 ‘‘(1) ADULT SERVICE PROGRAM.—The term

12 ‘adult service program’ means a program that pro13 vides services to, or is otherwise substantially involved

14 with the major life functions of, individuals with dis15 abilities. Such term includes—

16 ‘‘(A) a program providing residential, sup17 portive, or employment services, or employment18 related services, to individuals with disabilities;

19 ‘‘(B) a program carried out by a center for

20 independent living, such as a center described in

21 part C of title VII of the Rehabilitation Act of

22 1973 (29 U.S.C. 796f et seq.);

23 ‘‘(C) a program carried out by an employ24 ment support agency connected to adult voca25 tional rehabilitation, such as a one-stop partner,
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1 as defined in section 101 of the Workforce Invest2 ment Act of 1998 (29 U.S.C. 2801); and

3 ‘‘(D) a program carried out by another or4 ganization or vender licensed or registered by the

5 designated State agency, as defined in section 7

6 of the Rehabilitation Act of 1973 (29 U.S.C.

7 705).

8 ‘‘(2) AMERICAN INDIAN CONSORTIUM.—The term

9 ‘American Indian consortium’ means an entity that

10 is an American Indian Consortium (as defined in

11 section 102 of Developmental Disabilities Assistance

12 and Bill of Rights Act of 2000 (42 U.S.C. 15002)),

13 and that is established to provide protection and ad14 vocacy services for purposes of receiving funding

15 under subtitle C of title I of such Act (42 U.S.C.

16 15041 et seq.).

17 ‘‘(3) ASSISTIVE TECHNOLOGY.—The term ‘assist18 ive technology’ means technology designed to be uti19 lized in an assistive technology device or assistive

20 technology service.

21 ‘‘(4) ASSISTIVE TECHNOLOGY DEVICE.—The term

22 ‘assistive technology device’ means any item, piece of

23 equipment, or product system, whether acquired com24 mercially, modified, or customized, that is used to in-
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1 crease, maintain, or improve functional capabilities

2 of individuals with disabilities.

3 ‘‘(5) ASSISTIVE TECHNOLOGY SERVICE.—The

4 term ‘assistive technology service’ means any service

5 that directly assists an individual with a disability

6 in the selection, acquisition, or use of an assistive

7 technology device. Such term includes—

8 ‘‘(A) the evaluation of the assistive tech9 nology needs of an individual with a disability,

10 including a functional evaluation of the impact

11 of the provision of appropriate assistive tech12 nology and appropriate services to the indi13 vidual in the customary environment of the indi14 vidual;

15 ‘‘(B) a service consisting of purchasing,

16 leasing, or otherwise providing for the acquisi17 tion of assistive technology devices by individ18 uals with disabilities;

19 ‘‘(C) a service consisting of selecting, de20 signing, fitting, customizing, adapting, apply21 ing, maintaining, repairing, replacing, or donat22 ing assistive technology devices;

23 ‘‘(D) coordination and use of necessary

24 therapies, interventions, or services with assistive

25 technology devices, such as therapies, interven-
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1 tions, or services associated with education and

2 rehabilitation plans and programs;

3 ‘‘(E) training or technical assistance for an

4 individual with a disability or, where appro5 priate, the family members, guardians, advo6 cates, or authorized representatives of such an

7 individual;

8 ‘‘(F) training or technical assistance for

9 professionals (including individuals providing

10 education and rehabilitation services and entities

11 that manufacture or sell assistive technology de12 vices), employers, providers of employment and

13 training services, or other individuals who pro14 vide services to, employ, or are otherwise sub15 stantially involved in the major life functions of

16 individuals with disabilities; and

17 ‘‘(G) a service consisting of expanding the

18 availability of access to technology, including

19 electronic and information technology, to indi20 viduals with disabilities.

21 ‘‘(6) CAPACITY BUILDING AND ADVOCACY ACTIVI22 TIES.—The term ‘capacity building and advocacy ac23 tivities’ means efforts that—

24 ‘‘(A) result in laws, regulations, policies,

25 practices, procedures, or organizational struc-
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1 tures that promote consumer-responsive pro2 grams or entities; and

3 ‘‘(B) facilitate and increase access to, provi4 sion of, and funding for, assistive technology de5 vices and assistive technology services, in order

6 to empower individuals with disabilities to

7 achieve greater independence, productivity, and

8 integration and inclusion within the community

9 and the workforce.

10 ‘‘(7) COMPREHENSIVE STATEWIDE PROGRAM OF

11 TECHNOLOGY-RELATED ASSISTANCE.—The term ‘com12 prehensive statewide program of technology-related as13 sistance’ means a consumer-responsive program of

14 technology-related assistance for individuals with dis15 abilities, implemented by a State, and equally avail16 able to all individuals with disabilities residing in

17 the State, regardless of their type of disability, age,

18 income level, or location of residence in the State, or

19 the type of assistive technology device or assistive

20 technology service required.

21 ‘‘(8) CONSUMER-RESPONSIVE.—The term ‘con22 sumer-responsive’—

23 ‘‘(A) with regard to policies, means that the

24 policies are consistent with the principles of—
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1 ‘‘(i) respect for individual dignity, per2 sonal responsibility, self-determination, and

3 pursuit of meaningful careers, based on in4 formed choice, of individuals with disabil5 ities;

6 ‘‘(ii) respect for the privacy, rights,

7 and equal access (including the use of acces8 sible formats) of such individuals;

9 ‘‘(iii) inclusion, integration, and full

10 participation of such individuals in society;

11 ‘‘(iv) support for the involvement in

12 decisions of a family member, a guardian,

13 an advocate, or an authorized representa14 tive, if an individual with a disability re15 quests, desires, or needs such involvement;

16 and

17 ‘‘(v) support for individual and sys18 tems advocacy and community involvement;

19 and

20 ‘‘(B) with respect to an entity, program, or

21 activity, means that the entity, program, or

22 activity—

23 ‘‘(i) is easily accessible to, and usable

24 by, individuals with disabilities and, when

25 appropriate, their family members, guard-
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1 ians, advocates, or authorized representa2 tives;

3 ‘‘(ii) responds to the needs of individ4 uals with disabilities in a timely and ap5 propriate manner; and

6 ‘‘(iii) facilitates the full and meaning7 ful participation of individuals with dis8 abilities (including individuals from under9 represented populations and rural popu10 lations) and their family members, guard11 ians, advocates, and authorized representa12 tives, in—

13 ‘‘(I) decisions relating to the pro14 vision of assistive technology devices

15 and assistive technology services to

16 such individuals; and

17 ‘‘(II) decisions related to the

18 maintenance, improvement, and eval19 uation of the comprehensive statewide

20 program of technology-related assist21 ance, including decisions that affect ca22 pacity building and advocacy activi23 ties.

24 ‘‘(9) DISABILITY.—The term ‘disability’ means a

25 condition of an individual that is considered to be a
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1 disability or handicap for the purposes of any Fed2 eral law other than this Act or for the purposes of the

3 law of the State in which the individual resides.

4 ‘‘(10) INDIVIDUAL WITH A DISABILITY; INDIVID5 UALS WITH DISABILITIES.—

6 ‘‘(A) INDIVIDUAL WITH A DISABILITY.—The

7 term ‘individual with a disability’ means any

8 individual of any age, race, or ethnicity—

9 ‘‘(i) who has a disability; and

10 ‘‘(ii) who is or would be enabled by an

11 assistive technology device or an assistive

12 technology service to minimize deterioration

13 in functioning, to maintain a level of func14 tioning, or to achieve a greater level of func15 tioning in any major life activity.

16 ‘‘(B) INDIVIDUALS WITH DISABILITIES.—

17 The term ‘individuals with disabilities’ means

18 more than 1 individual with a disability.

19 ‘‘(11) INSTITUTION OF HIGHER EDUCATION.—

20 The term ‘institution of higher education’ has the

21 meaning given such term in section 101(a) of the

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

23 and includes a community college receiving funding

24 under the Tribally Controlled College or University

25 Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
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1 ‘‘(12) PROTECTION AND ADVOCACY SERVICES.—

2 The term ‘protection and advocacy services’ means

3 services that—

4 ‘‘(A) are described in subtitle C of title I of

5 the Developmental Disabilities Assistance and

6 Bill of Rights Act of 2000 (42 U.S.C. 15041 et

7 seq.), the Protection and Advocacy for Individ8 uals with Mental Illness Act (42 U.S.C. 10801 et

9 seq.), or section 509 of the Rehabilitation Act of

10 1973 (29 U.S.C. 794e); and

11 ‘‘(B) assist individuals with disabilities

12 with respect to assistive technology devices and

13 assistive technology services.

14 ‘‘(13) SECRETARY.—The term ‘Secretary’ means

15 the Secretary of Education.

16 ‘‘(14) STATE.—

17 ‘‘(A) IN GENERAL.—Except as provided in

18 subparagraph (B), the term ‘State’ means each

19 of the 50 States of the United States, the District

20 of Columbia, the Commonwealth of Puerto Rico,

21 the United States Virgin Islands, Guam, Amer22 ican Samoa, and the Commonwealth of the

23 Northern Mariana Islands.

24 ‘‘(B) OUTLYING AREAS.—In section 4(b):
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1 ‘‘(i) OUTLYING AREA.—The term ‘out2 lying area’ means the United States Virgin

3 Islands, Guam, American Samoa, and the

4 Commonwealth of the Northern Mariana Is5 lands.

6 ‘‘(ii) STATE.—The term ‘State’ does

7 not include the United States Virgin Is8 lands, Guam, American Samoa, and the

9 Commonwealth of the Northern Mariana Is10 lands.

11 ‘‘(15) STATE ASSISTIVE TECHNOLOGY PRO12 GRAM.—The term ‘State assistive technology program’

13 means a program authorized under section 4.

14 ‘‘(16) TARGETED INDIVIDUALS AND ENTITIES.—

15 The term ‘targeted individuals and entities’ means—

16 ‘‘(A) individuals with disabilities of all ages

17 and their family members, guardians, advocates,

18 and authorized representatives;

19 ‘‘(B) underrepresented populations, includ20 ing the aging workforce;

21 ‘‘(C) individuals who work for public or

22 private entities (including centers for inde23 pendent living described in part C of title VII of

24 the Rehabilitation Act of 1973 (29 U.S.C. 796f

25 et seq.), insurers, or managed care providers)
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1 that have contact, or provide services to, with in2 dividuals with disabilities;

3 ‘‘(D) educators at all levels (including pro4 viders of early intervention services, elementary

5 schools, secondary schools, community colleges,

6 and vocational and other institutions of higher

7 education) and related services personnel;

8 ‘‘(E) technology experts (including web de9 signers and procurement officials);

10 ‘‘(F) health, allied health, and rehabilita11 tion professionals and hospital employees (in12 cluding discharge planners);

13 ‘‘(G) employers, especially small business

14 employers, and providers of employment and

15 training services;

16 ‘‘(H) entities that manufacture or sell as17 sistive technology devices;

18 ‘‘(I) entities that carry out community pro19 grams designed to develop essential community

20 services in rural and urban areas; and

21 ‘‘(J) other appropriate individuals and en22 tities, as determined for a State by the State.

23 ‘‘(17) TECHNOLOGY-RELATED ASSISTANCE.—The

24 term ‘technology-related assistance’ means assistance

25 provided through capacity building and advocacy ac-
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1 tivities that accomplish the purposes described in sec2 tion 2(b).

3 ‘‘(18) UNDERREPRESENTED POPULATION.—The

4 term ‘underrepresented population’ means a popu5 lation that is typically underrepresented in service

6 provision, and includes populations such as persons

7 who have low-incidence disabilities, persons who are

8 minorities, poor persons, persons with limited

9 English proficiency, older individuals, or persons

10 from rural areas.

11 ‘‘(19) UNIVERSAL DESIGN.—The term ‘universal

12 design’ means a concept or philosophy for designing

13 and delivering products and services that are usable

14 by people with the widest possible range of functional

15 capabilities, which include products and services that

16 are directly accessible (without requiring assistive

17 technologies) and products and services that are inter18 operable with assistive technologies.

19 ‘‘SEC. 4. STATE GRANTS FOR ASSISTIVE TECHNOLOGY.

20 ‘‘(a) GRANTS TO STATES.—The Secretary shall award

21 grants under subsection (b) to States to maintain com22 prehensive statewide programs of technology-related assist23 ance to support programs that are designed to maximize

24 the ability of individuals with disabilities across the human

25 lifespan and across the wide array of disabilities, and their
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1 family members, guardians, advocates, and authorized rep2 resentatives, to obtain assistive technology, and that are de3 signed to increase access to assistive technology.

4 ‘‘(b) AMOUNT OF FINANCIAL ASSISTANCE.—

5 ‘‘(1) IN GENERAL.—From funds made available

6 to carry out this section, the Secretary shall award a

7 grant to each eligible State and eligible outlying area

8 from an allotment determined in accordance with

9 paragraph (2).

10 ‘‘(2) CALCULATION OF STATE GRANTS.—

11 ‘‘(A) BASE YEAR.—Except as provided in

12 subparagraphs (B) and (C), the Secretary shall

13 allot to each State and outlying area for a fiscal

14 year an amount that is not less than the amount

15 the State or outlying area received under the

16 grants provided under section 101 of this Act (as

17 in effect on the day before the date of enactment

18 of the Assistive Technology Act of 2004) for fiscal

19 year 2004.

20 ‘‘(B) RATABLE REDUCTION.—

21 ‘‘(i) IN GENERAL.—If funds made

22 available to carry out this section for any

23 fiscal year are insufficient to make the al24 lotments required for each State and out25 lying area under subparagraph (A) for such
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1 fiscal year, the Secretary shall ratably re2 duce the allotments for such fiscal year.

3 ‘‘(ii) ADDITIONAL FUNDS.—If, after the

4 Secretary makes the reductions described in

5 clause (i), additional funds become avail6 able to carry out this section for the fiscal

7 year, the Secretary shall ratably increase

8 the allotments, until the Secretary has allot9 ted the entire base year amount.

10 ‘‘(C) HIGHER APPROPRIATION YEARS.—Ex11 cept as provided in subparagraph (D), for a fis12 cal year for which the amount of funds made

13 available to carry out this section is greater than

14 the base year amount, the Secretary shall—

15 ‘‘(i) make the allotments described in

16 subparagraph (A);

17 ‘‘(ii) from a portion of the remainder

18 of the funds after the Secretary makes the

19 allotments described in clause (i), the Sec20 retary shall—

21 ‘‘(I) from 50 percent of the por22 tion, allot to each State or outlying

23 area an equal amount; and

24 ‘‘(II) from 50 percent of the por25 tion, allot to each State or outlying
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1 area an amount that bears the same

2 relationship to such 50 percent as the

3 population of the State or outlying

4 area bears to the population of all

5 States and outlying areas,

6 until each State has received an allotment

7 of not less than $410,000 and each outlying

8 area has received an allotment of $125,000

9 under clause (i) and this clause;

10 ‘‘(iii) from the remainder of the funds

11 after the Secretary makes the allotments de12 scribed in clause (ii), the Secretary shall—

13 ‘‘(I) from 80 percent of the re14 mainder allot to each State an amount

15 that bears the same relationship to

16 such 80 percent as the population of

17 the State bears to the population of all

18 States; and

19 ‘‘(II) from 20 percent of the re20 mainder, allot to each State an equal

21 amount.

22 ‘‘(D) SPECIAL RULE FOR FISCAL YEAR

23 2005.—Notwithstanding subparagraph (C), if the

24 amount of funds made available to carry out this

25 section for fiscal year 2005 is greater than the
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1 base year amount, the Secretary may award

2 grants on a competitive basis for periods of 1

3 year to States or outlying areas in accordance

4 with the requirements of title III of this Act (as

5 in effect on the day before the date of enactment

6 of the Assistive Technology Act of 2004) to de7 velop, support, expand, or administer an alter8 native financing program.

9 ‘‘(E) BASE YEAR AMOUNT.—In this para10 graph, the term ‘base year amount’ means the

11 total amount received by all States and outlying

12 areas under the grants described in subpara13 graph (A) for fiscal year 2004.

14 ‘‘(c) LEAD AGENCY, IMPLEMENTING ENTITY, AND AD15 VISORY COUNCIL.—

16 ‘‘(1) LEAD AGENCY AND IMPLEMENTING ENTI17 TY.—

18 ‘‘(A) LEAD AGENCY.—

19 ‘‘(i) IN GENERAL.—The Governor of a

20 State shall designate a public agency as a

21 lead agency—

22 ‘‘(I) to control and administer the

23 funds made available through the grant

24 awarded to the State under this sec25 tion; and
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1 ‘‘(II) to submit the application

2 described in subsection (d) on behalf of

3 the State, to ensure conformance with

4 Federal and State accounting require5 ments.

6 ‘‘(ii) DUTIES.—The duties of the lead

7 agency shall include—

8 ‘‘(I) preparing the application de9 scribed in subsection (d) and carrying

10 out State activities described in that

11 application, including making pro12 grammatic and resource allocation de13 cisions necessary to implement the

14 comprehensive statewide program of

15 technology-related assistance;

16 ‘‘(II) coordinating the activities of

17 the comprehensive statewide program

18 of technology-related assistance among

19 public and private entities, including

20 coordinating efforts related to entering

21 into interagency agreements, and

22 maintaining and evaluating the pro23 gram; and

24 ‘‘(III) coordinating efforts related

25 to the active, timely, and meaningful
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1 participation by individuals with dis2 abilities and their family members,

3 guardians, advocates, or authorized

4 representatives, and other appropriate

5 individuals, with respect to activities

6 carried out through the grant.

7 ‘‘(B) IMPLEMENTING ENTITY.—The Gov8 ernor may designate an agency, office, or other

9 entity to carry out State activities under this

10 section (referred to in this section as the ‘imple11 menting entity’), if such implementing entity is

12 different from the lead agency. The implementing

13 agency shall carry out responsibilities under this

14 Act through a subcontract or another adminis15 trative agreement with the lead agency.

16 ‘‘(C) CHANGE IN AGENCY OR ENTITY.—

17 ‘‘(i) IN GENERAL.—On obtaining the

18 approval of the Secretary, the Governor

19 may redesignate the lead agency, or the im20 plementing entity, if the Governor shows to

21 the Secretary good cause why the entity des22 ignated as the lead agency, or the imple23 menting entity, respectively, should not

24 serve as that agency or entity, respectively.
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1 The Governor shall make the showing in the

2 application described in subsection (d).

3 ‘‘(ii) CONSTRUCTION.—Nothing in this

4 paragraph shall be construed to require the

5 Governor of a State to change the lead agen6 cy or implementing entity of the State to an

7 agency other than the lead agency or imple8 menting entity of such State as of the date

9 of enactment of the Assistive Technology Act

10 of 2004.

11 ‘‘(2) ADVISORY COUNCIL.—

12 ‘‘(A) IN GENERAL.—There shall be estab13 lished an advisory council to provide consumer14 responsive, consumer-driven advice to the State

15 for, planning of, implementation of, and evalua16 tion of the activities carried out through the

17 grant, including setting the measurable goals de18 scribed in subsection (d)(3).

19 ‘‘(B) COMPOSITION AND REPRESENTA20 TION.—

21 ‘‘(i) COMPOSITION.—The advisory

22 council shall be composed of—

23 ‘‘(I) individuals with disabilities

24 that use assistive technology or the
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1 family members or guardians of the in2 dividuals;

3 ‘‘(II) a representative of the des4 ignated State agency, as defined in sec5 tion 7 of the Rehabilitation Act of

6 1973 (29 U.S.C. 705) and the State

7 agency for individuals who are blind

8 (within the meaning of section 101 of

9 that Act (29 U.S.C. 721)), if such

10 agency is separate;

11 ‘‘(III) a representative of a State

12 center for independent living described

13 in part C of title VII of the Rehabilita14 tion Act of 1973 (29 U.S.C. 796f et

15 seq.);

16 ‘‘(IV) a representative of the State

17 workforce investment board established

18 under section 111 of the Workforce In19 vestment Act of 1998 (29 U.S.C. 2821);

20 ‘‘(V) a representative of the State

21 educational agency, as defined in sec22 tion 9101 of the Elementary and Sec23 ondary Education Act of 1965 (20

24 U.S.C. 7801); and
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1 ‘‘(VI) representatives of other

2 State agencies, public agencies, or pri3 vate organizations, as determined by

4 the State.

5 ‘‘(ii) MAJORITY.—

6 ‘‘(I) IN GENERAL.—A majority,

7 not less than 51 percent, of the mem8 bers of the advisory council, shall be

9 members appointed under clause (i)(I).

10 ‘‘(II) REPRESENTATIVES OF

11 AGENCIES.—Members appointed under

12 subclauses (II) through (VI) of clause

13 (i) shall not count toward the majority

14 membership requirement established in

15 subclause (I).

16 ‘‘(iii) REPRESENTATION.—The advi17 sory council shall be geographically rep18 resentative of the State and reflect the diver19 sity of the State with respect to race, eth20 nicity, types of disabilities across the age

21 span, and users of types of services that an

22 individual with a disability may receive.

23 ‘‘(C) EXPENSES.—The members of the advi24 sory council shall receive no compensation for

25 their service on the advisory council, but shall be
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1 reimbursed for reasonable and necessary expenses

2 actually incurred in the performance of official

3 duties for the advisory council.

4 ‘‘(D) PERIOD.—The members of the State

5 advisory council shall be appointed not later

6 than 120 days after the date of enactment of the

7 Assistive Technology Act of 2004.

8 ‘‘(E) IMPACT ON EXISTING STATUTES,

9 RULES, OR POLICIES.—Nothing in this para10 graph shall be construed to affect State statutes,

11 rules, or official policies relating to advisory

12 bodies for State assistive technology programs or

13 require changes to governing bodies of incor14 porated agencies who carry out State assistive

15 technology programs.

16 ‘‘(d) APPLICATION.—

17 ‘‘(1) IN GENERAL.—Any State that desires to re18 ceive a grant under this section shall submit an ap19 plication to the Secretary, at such time, in such man20 ner, and containing such information as the Sec21 retary may require.

22 ‘‘(2) LEAD AGENCY AND IMPLEMENTING ENTI23 TY.—The application shall contain information iden24 tifying and describing the lead agency referred to in

25 subsection (c)(1)(A). The application shall contain in-
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1 formation identifying and describing the imple2 menting entity referred to in subsection (c)(1)(B), if

3 the Governor of the State designates such an entity.

4 ‘‘(3) MEASURABLE GOALS.—The application

5 shall include—

6 ‘‘(A) measurable goals, and a timeline for

7 meeting the goals, that the State has set for ad8 dressing the assistive technology needs of individ9 uals with disabilities in the State related to—

10 ‘‘(i) education, including goals involv11 ing the provision of assistive technology to

12 individuals with disabilities who receive

13 services under the Individuals with Disabil14 ities Education Act (20 U.S.C. 1400 et

15 seq.);

16 ‘‘(ii) employment, including goals in17 volving the State vocational rehabilitation

18 program carried out under title I of the Re19 habilitation Act of 1973 (29 U.S.C. 720 et

20 seq.);

21 ‘‘(iii) telecommunication and informa22 tion technology; and

23 ‘‘(iv) community living; and
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1 ‘‘(B) information describing how the State

2 will quantifiably measure the goals to determine

3 whether the goals have been achieved.

4 ‘‘(4) INVOLVEMENT OF PUBLIC AND PRIVATE EN5 TITIES.—The application shall describe how various

6 public and private entities were involved in the devel7 opment of the application and will be involved in the

8 implementation of the activities to be carried out

9 through the grant, including—

10 ‘‘(A) in cases determined to be appropriate

11 by the State, a description of the nature and ex12 tent of resources that will be committed by public

13 and private collaborators to assist in accom14 plishing identified goals; and

15 ‘‘(B) a description of the mechanisms estab16 lished to ensure coordination of activities and

17 collaboration between the implementing entity, if

18 any, and the State.

19 ‘‘(5) IMPLEMENTATION.—The application shall

20 include a description of—

21 ‘‘(A) how the State will implement each of

22 the required activities described in subsection (e),

23 except as provided in subsection (e)(6)(A); and

24 ‘‘(B) how the State will allocate and utilize

25 grant funds to implement the activities, includ-
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1 ing describing proposed budget allocations and

2 planned procedures for tracking expenditures for

3 activities described in paragraphs (2) and (3) of

4 subsection (e).

5 ‘‘(6) ASSURANCES.—The application shall in6 clude assurances that—

7 ‘‘(A) the State will annually collect data re8 lated to the required activities implemented by

9 the State under this section in order to prepare

10 the progress reports required under subsection

11 (f);

12 ‘‘(B) funds received through the grant—

13 ‘‘(i) will be expended in accordance

14 with this section; and

15 ‘‘(ii) will be used to supplement, and

16 not supplant, funds available from other

17 sources for technology-related assistance, in18 cluding the provision of assistive technology

19 devices and assistive technology services;

20 ‘‘(C) the lead agency will control and ad21 minister the funds received through the grant;

22 ‘‘(D) the State will adopt such fiscal control

23 and accounting procedures as may be necessary

24 to ensure proper disbursement of and accounting

25 for the funds received through the grant;
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1 ‘‘(E) the physical facility of the lead agency

2 and implementing entity, if any, meets the re3 quirements of the Americans with Disabilities

4 Act of 1990 (42 U.S.C. 12101 et seq.) regarding

5 accessibility for individuals with disabilities;

6 ‘‘(F) a public agency or an individual with

7 a disability holds title to any property pur8 chased with funds received under the grant and

9 administers that property;

10 ‘‘(G) activities carried out in the State that

11 are authorized under this Act, and supported by

12 Federal funds received under this Act, will com13 ply with the standards established by the Archi14 tectural and Transportation Barriers Compli15 ance Board under section 508 of the Rehabilita16 tion Act of 1973 (20 U.S.C. 794d); and

17 ‘‘(H) the State will—

18 ‘‘(i) prepare reports to the Secretary in

19 such form and containing such information

20 as the Secretary may require to carry out

21 the Secretary’s functions under this Act;

22 and

23 ‘‘(ii) keep such records and allow ac24 cess to such records as the Secretary may

25 require to ensure the correctness and
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1 verification of information provided to the

2 Secretary under this subparagraph.

3 ‘‘(7) STATE SUPPORT.—The application shall in4 clude a description of the activities described in para5 graphs (2) and (3) of subsection (e) that the State

6 will support with State funds.

7 ‘‘(e) USE OF FUNDS.—

8 ‘‘(1) IN GENERAL.—

9 ‘‘(A) REQUIRED ACTIVITIES.—Except as

10 provided in subparagraph (B) and paragraph

11 (6), any State that receives a grant under this

12 section shall use a portion of the funds made

13 available through the grant to carry out activi14 ties described in paragraphs (2) and (3).

15 ‘‘(B) STATE OR NON-FEDERAL FINANCIAL

16 SUPPORT.—A State shall not be required to use

17 a portion of the funds made available through

18 the grant to carry out the category of activities

19 described in subparagraph (A), (B), (C), or (D)

20 of paragraph (2) if, in that State—

21 ‘‘(i) financial support is provided from

22 State or other non-Federal resources or enti23 ties for that category of activities; and

24 ‘‘(ii) the amount of the financial sup25 port is comparable to, or greater than, the
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1 amount of the portion of the funds made

2 available through the grant that the State

3 would have expended for that category of

4 activities, in the absence of this subpara5 graph.

6 ‘‘(2) STATE-LEVEL ACTIVITIES.—

7 ‘‘(A) STATE FINANCING ACTIVITIES.—The

8 State shall support State financing activities to

9 increase access to, and funding for, assistive

10 technology devices and assistive technology serv11 ices (which shall not include direct payment for

12 such a device or service for an individual with

13 a disability but may include support and ad14 ministration of a program to provide such pay15 ment), including development of systems to pro16 vide and pay for such devices and services, for

17 targeted individuals and entities described in

18 section 3(16)(A), including—

19 ‘‘(i) support for the development of sys20 tems for the purchase, lease, or other acqui21 sition of, or payment for, assistive tech22 nology devices and assistive technology serv23 ices; or

24 ‘‘(ii) support for the development of

25 State-financed or privately financed alter-
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1 native financing systems of subsidies (which

2 may include conducting an initial 1-year

3 feasibility study of, improving, admin4 istering, operating, providing capital for, or

5 collaborating with an entity with respect to,

6 such a system) for the provision of assistive

7 technology devices, such as—

8 ‘‘(I) a low-interest loan fund;

9 ‘‘(II) an interest buy-down pro10 gram;

11 ‘‘(III) a revolving loan fund;

12 ‘‘(IV) a loan guarantee or insur13 ance program;

14 ‘‘(V) a program providing for the

15 purchase, lease, or other acquisition of

16 assistive technology devices or assistive

17 technology services; or

18 ‘‘(VI) another mechanism that is

19 approved by the Secretary.

20 ‘‘(B) DEVICE REUTILIZATION PROGRAMS.—

21 The State shall directly, or in collaboration with

22 public or private entities, carry out assistive

23 technology device reutilization programs that

24 provide for the exchange, repair, recycling, or

25 other reutilization of assistive technology devices,
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1 which may include redistribution through device

2 sales, loans, rentals, or donations.

3 ‘‘(C) DEVICE LOAN PROGRAMS.—The State

4 shall directly, or in collaboration with public or

5 private entities, carry out device loan programs

6 that provide short-term loans of assistive tech7 nology devices to individuals, employers, public

8 agencies, or others seeking to meet the needs of

9 targeted individuals and entities, including oth10 ers seeking to comply with the Individuals with

11 Disabilities Education Act (20 U.S.C. 1400 et

12 seq.), the Americans with Disabilities Act of

13 1990 (42 U.S.C. 12101 et seq.), and section 504

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

15 794).

16 ‘‘(D) DEVICE DEMONSTRATIONS.—

17 ‘‘(i) IN GENERAL.—The State shall di18 rectly, or in collaboration with public and

19 private entities, such as one-stop partners,

20 as defined in section 101 of the Workforce

21 Investment Act of 1998 (29 U.S.C. 2801),

22 demonstrate a variety of assistive technology

23 devices and assistive technology services (in24 cluding assisting individuals in making in25 formed choices regarding, and providing ex-
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1 periences with, the devices and services),

2 using personnel who are familiar with such

3 devices and services and their applications.

4 ‘‘(ii) COMPREHENSIVE INFORMA5 TION.—The State shall directly, or through

6 referrals, provide to individuals, to the ex7 tent practicable, comprehensive information

8 about State and local assistive technology

9 venders, providers, and repair services.

10 ‘‘(3) STATE LEADERSHIP ACTIVITIES.—

11 ‘‘(A) IN GENERAL.—A State that receives a

12 grant under this section shall use a portion of

13 not more than 40 percent of the funds made

14 available through the grant to carry out the ac15 tivities described in subparagraph (B). From

16 that portion, the State shall use at least 5 per17 cent of the portion for activities described in sub18 paragraph (B)(i)(III).

19 ‘‘(B) REQUIRED ACTIVITIES.—

20 ‘‘(i) TRAINING AND TECHNICAL ASSIST21 ANCE.—

22 ‘‘(I) IN GENERAL.—The State

23 shall directly, or provide support to

24 public or private entities with dem25 onstrated expertise in collaborating
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1 with public or private agencies that

2 serve individuals with disabilities, to

3 develop and disseminate training ma4 terials, conduct training, and provide

5 technical assistance, for individuals

6 from local settings statewide, including

7 representatives of State and local edu8 cational agencies, other State and local

9 agencies, early intervention programs,

10 adult service programs, hospitals and

11 other health care facilities, institutions

12 of higher education, and businesses.

13 ‘‘(II) AUTHORIZED ACTIVITIES.—

14 In carrying out activities under sub15 clause (I), the State shall carry out ac16 tivities that enhance the knowledge,

17 skills, and competencies of individuals

18 from local settings described in sub19 clause (I), which may include—

20 ‘‘(aa) general awareness

21 training on the benefits of assist22 ive technology and the Federal,

23 State, and private funding sources

24 available to assist targeted indi-
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1 viduals and entities in acquiring

2 assistive technology;

3 ‘‘(bb) skills-development

4 training in assessing the need for

5 assistive technology devices and

6 assistive technology services;

7 ‘‘(cc) training to ensure the

8 appropriate application and use

9 of assistive technology devices, as10 sistive technology services, and ac11 cessible technology for e-govern12 ment functions;

13 ‘‘(dd) training in the impor14 tance of multiple approaches to

15 assessment and implementation

16 necessary to meet the individual17 ized needs of individuals with dis18 abilities; and

19 ‘‘(ee) technical training on

20 integrating assistive technology

21 into the development and imple22 mentation of service plans, in23 cluding any education, health,

24 discharge, Olmstead, employment,
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1 or other plan required under Fed2 eral or State law.

3 ‘‘(III) TRANSITION ASSISTANCE

4 TO INDIVIDUALS WITH DISABILITIES.—

5 The State shall directly, or provide

6 support to public or private entities to,

7 develop and disseminate training ma8 terials, conduct training, facilitate ac9 cess to assistive technology, and pro10 vide technical assistance, to assist—

11 ‘‘(aa) students with disabil12 ities, within the meaning of the

13 Individuals with Disabilities

14 Education Act (20 U.S.C. 1400 et

15 seq.), that receive transition serv16 ices; and

17 ‘‘(bb) adults who are individ18 uals with disabilities maintaining

19 or transitioning to community

20 living.

21 ‘‘(ii) PUBLIC-AWARENESS ACTIVI22 TIES.—

23 ‘‘(I) IN GENERAL.—The State

24 shall conduct public-awareness activi25 ties designed to provide information to
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1 targeted individuals and entities relat2 ing to the availability, benefits, appro3 priateness, and costs of assistive tech4 nology devices and assistive technology

5 services, including—

6 ‘‘(aa) the development of pro7 cedures for providing direct com8 munication between providers of

9 assistive technology and targeted

10 individuals and entities, which

11 may include partnerships with

12 entities in the statewide and local

13 workforce investment systems es14 tablished under the Workforce In15 vestment Act of 1998 (29 U.S.C.

16 2801 et seq.), State vocational re17 habilitation centers, public and

18 private employers, or elementary

19 and secondary public schools;

20 ‘‘(bb) the development and

21 dissemination, to targeted indi22 viduals and entities, of informa23 tion about State efforts related to

24 assistive technology; and
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1 ‘‘(cc) the distribution of ma2 terials to appropriate public and

3 private agencies that provide so4 cial, medical, educational, em5 ployment, and transportation

6 services to individuals with dis7 abilities.

8 ‘‘(II) COLLABORATION.—The

9 State shall collaborate with entities

10 that receive awards under paragraphs

11 (1) and (3) of section 6(b) to carry out

12 public-awareness activities focusing on

13 infants, toddlers, children, transition14 age youth, employment-age adults, sen15 iors, and employers.

16 ‘‘(III) STATEWIDE INFORMATION

17 AND REFERRAL SYSTEM.—

18 ‘‘(aa) IN GENERAL.—The

19 State shall directly, or in collabo20 ration with public or private

21 (such as nonprofit) entities, pro22 vide for the continuation and en23 hancement of a statewide infor24 mation and referral system de-
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1 signed to meet the needs of tar2 geted individuals and entities.

3 ‘‘(bb) CONTENT.—The system

4 shall deliver information on as5 sistive technology devices, assistive

6 technology services (with specific

7 data regarding provider avail8 ability within the State), and the

9 availability of resources, includ10 ing funding through public and

11 private sources, to obtain assistive

12 technology devices and assistive

13 technology services. The system

14 shall also deliver information on

15 the benefits of assistive technology

16 devices and assistive technology

17 services with respect to enhancing

18 the capacity of individuals with

19 disabilities of all ages to perform

20 activities of daily living.

21 ‘‘(iii) COORDINATION AND COLLABORA22 TION.—The State shall coordinate activities

23 described in paragraph (2) and this para24 graph, among public and private entities

25 that are responsible for policies, procedures,
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1 or funding for the provision of assistive

2 technology devices and assistive technology

3 services to individuals with disabilities,

4 service providers, and others to improve ac5 cess to assistive technology devices and as6 sistive technology services for individuals

7 with disabilities of all ages in the State.

8 ‘‘(4) INDIRECT COSTS.—Not more than 10 per9 cent of the funds made available through a grant to

10 a State under this section may be used for indirect

11 costs.

12 ‘‘(5) PROHIBITION.—Funds made available

13 through a grant to a State under this section shall

14 not be used for direct payment for an assistive tech15 nology device for an individual with a disability.

16 ‘‘(6) STATE FLEXIBILITY.—

17 ‘‘(A) IN GENERAL.—Notwithstanding para18 graph (1)(A) and subject to subparagraph (B), a

19 State may use funds that the State receives

20 under a grant awarded under this section to

21 carry out any 2 or more of the activities de22 scribed in paragraph (2).

23 ‘‘(B) SPECIAL RULE.—Notwithstanding

24 paragraph (3)(A), any State that exercises its

25 authority under subparagraph (A)—
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1 ‘‘(i) shall carry out each of the re2 quired activities described in paragraph

3 (3)(B); and

4 ‘‘(ii) shall use not more than 30 per5 cent of the funds made available through the

6 grant to carry out the activities described in

7 paragraph (3)(B).

8 ‘‘(f) ANNUAL PROGRESS REPORTS.—

9 ‘‘(1) DATA COLLECTION.—States shall partici10 pate in data collection as required by law, including

11 data collection required for preparation of the reports

12 described in paragraph (2).

13 ‘‘(2) REPORTS.—

14 ‘‘(A) IN GENERAL.—Each State shall pre15 pare and submit to the Secretary an annual

16 progress report on the activities funded under

17 this Act, at such time, and in such manner, as

18 the Secretary may require.

19 ‘‘(B) CONTENTS.—The report shall include

20 data collected pursuant to this section. The re21 port shall document, with respect to activities

22 carried out under this section in the State—

23 ‘‘(i) the type of State financing activi24 ties described in subsection (e)(2)(A) used

25 by the State;
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1 ‘‘(ii) the amount and type of assistance

2 given to consumers of the State financing

3 activities described in subsection (e)(2)(A)

4 (who shall be classified by type of assistive

5 technology device or assistive technology

6 service financed through the State financing

7 activities, and geographic distribution with8 in the State), including—

9 ‘‘(I) the number of applications

10 for assistance received;

11 ‘‘(II) the number of applications

12 approved and rejected;

13 ‘‘(III) the default rate for the fi14 nancing activities;

15 ‘‘(IV) the range and average inter16 est rate for the financing activities;

17 ‘‘(V) the range and average in18 come of approved applicants for the fi19 nancing activities; and

20 ‘‘(VI) the types and dollar

21 amounts of assistive technology fi22 nanced;

23 ‘‘(iii) the number, type, and length of

24 time of loans of assistive technology devices

25 provided to individuals with disabilities,
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1 employers, public agencies, or public accom2 modations through the device loan program

3 described in subsection (e)(2)(C), and an

4 analysis of the individuals with disabilities

5 who have benefited from the device loan pro6 gram;

7 ‘‘(iv) the number, type, estimated

8 value, and scope of assistive technology de9 vices exchanged, repaired, recycled, or reuti10 lized (including redistributed through device

11 sales, loans, rentals, or donations) through

12 the device reutilization program described

13 in subsection (e)(2)(B), and an analysis of

14 the individuals with disabilities that have

15 benefited from the device reutilization pro16 gram;

17 ‘‘(v) the number and type of device

18 demonstrations and referrals provided

19 under subsection (e)(2)(D), and an analysis

20 of individuals with disabilities who have

21 benefited from the demonstrations and refer22 rals;

23 ‘‘(vi)(I) the number and general char24 acteristics of individuals who participated

25 in training under subsection (e)(3)(B)(i)
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1 (such as individuals with disabilities, par2 ents, educators, employers, providers of em3 ployment services, health care workers,

4 counselors, other service providers, or ven5 dors) and the topics of such training; and

6 ‘‘(II) to the extent practicable, the geo7 graphic distribution of individuals who

8 participated in the training;

9 ‘‘(vii) the frequency of provision and

10 nature of technical assistance provided to

11 State and local agencies and other entities;

12 ‘‘(viii) the number of individuals as13 sisted through the public-awareness activi14 ties and statewide information and referral

15 system described in subsection (e)(3)(B)(ii);

16 ‘‘(ix) the outcomes of any improvement

17 initiatives carried out by the State as a re18 sult of activities funded under this section,

19 including a description of any written poli20 cies, practices, and procedures that the

21 State has developed and implemented re22 garding access to, provision of, and funding

23 for, assistive technology devices, and assist24 ive technology services, in the contexts of

25 education, health care, employment, commu-
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1 nity living, and information technology and

2 telecommunications, including e-govern3 ment;

4 ‘‘(x) the source of leveraged funding or

5 other contributed resources, including re6 sources provided through subcontracts or

7 other collaborative resource-sharing agree8 ments, from and with public and private

9 entities to carry out State activities de10 scribed in subsection (e)(3)(B)(iii), the

11 number of individuals served with the con12 tributed resources for which information is

13 not reported under clauses (i) through (ix)

14 or clause (xi) or (xii), and other outcomes

15 accomplished as a result of such activities

16 carried out with the contributed resources;

17 and

18 ‘‘(xi) the level of customer satisfaction

19 with the services provided.

20 ‘‘SEC. 5. STATE GRANTS FOR PROTECTION AND ADVOCACY

21 SERVICES RELATED TO ASSISTIVE TECH22 NOLOGY.

23 ‘‘(a) GRANTS.—

24 ‘‘(1) IN GENERAL.—The Secretary shall make

25 grants under subsection (b) to protection and advo-
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1 cacy systems in each State for the purpose of enabling

2 such systems to assist in the acquisition, utilization,

3 or maintenance of assistive technology devices or as4 sistive technology services for individuals with dis5 abilities.

6 ‘‘(2) GENERAL AUTHORITIES.—In providing

7 such assistance, protection and advocacy systems shall

8 have the same general authorities as the systems are

9 afforded under subtitle C of title I of the Develop10 mental Disabilities Assistance and Bill of Rights Act

11 of 2000 (42 U.S.C. 15041 et seq.), as determined by

12 the Secretary.

13 ‘‘(b) GRANTS.—

14 ‘‘(1) RESERVATION.—For each fiscal year, the

15 Secretary shall reserve such sums as may be necessary

16 to carry out paragraph (4).

17 ‘‘(2) POPULATION BASIS.—From the funds ap18 propriated under section 8(b) for a fiscal year and re19 maining after the reservation required by paragraph

20 (1) has been made, the Secretary shall make a grant

21 to a protection and advocacy system within each

22 State in an amount bearing the same ratio to the re23 maining funds as the population of the State bears to

24 the population of all States.
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1 ‘‘(3) MINIMUMS.—Subject to the availability of

2 appropriations, the amount of a grant to a protection

3 and advocacy system under paragraph (2) for a fiscal

4 year shall—

5 ‘‘(A) in the case of a protection and advo6 cacy system located in American Samoa, Guam,

7 the United States Virgin Islands, or the Com8 monwealth of the Northern Mariana Islands, not

9 be less than $30,000; and

10 ‘‘(B) in the case of a protection and advo11 cacy system located in a State not described in

12 subparagraph (A), not be less than $50,000.

13 ‘‘(4) PAYMENT TO THE SYSTEM SERVING THE

14 AMERICAN INDIAN CONSORTIUM.—

15 ‘‘(A) IN GENERAL.—The Secretary shall

16 make grants to the protection and advocacy sys17 tem serving the American Indian Consortium to

18 provide services in accordance with this section.

19 ‘‘(B) AMOUNT OF GRANTS.—The amount of

20 such grants shall be the same as the amount pro21 vided under paragraph (3)(A).

22 ‘‘(c) DIRECT PAYMENT.—Notwithstanding any other

23 provision of law, the Secretary shall pay directly to any

24 protection and advocacy system that complies with this sec25 tion, the total amount of the grant made for such system
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1 under this section, unless the system provides otherwise for

2 payment of the grant amount.

3 ‘‘(d) CERTAIN STATES.—

4 ‘‘(1) GRANT TO LEAD AGENCY.—Notwithstanding

5 any other provision of this section, with respect to a

6 State that, on November 12, 1998, was described in

7 section 102(f)(1) of the Technology-Related Assistance

8 for Individuals With Disabilities Act of 1988, the Sec9 retary shall pay the amount of the grant described in

10 subsection (a), and made under subsection (b), to the

11 lead agency designated under section 4(c)(1) for the

12 State.

13 ‘‘(2) DISTRIBUTION OF FUNDS.—A lead agency

14 to which a grant amount is paid under paragraph

15 (1) shall determine the manner in which funds made

16 available through the grant will be allocated among

17 the entities that were providing protection and advo18 cacy services in that State on the date described in

19 such paragraph, and shall distribute funds to such en20 tities. In distributing such funds, the lead agency

21 shall not establish any additional eligibility or proce22 dural requirements for an entity in the State that

23 supports protection and advocacy services through a

24 protection and advocacy system. Such an entity shall

25 comply with the same requirements (including report-
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1 ing and enforcement requirements) as any other enti2 ty that receives funding under this section.

3 ‘‘(3) APPLICATION OF PROVISIONS.—Except as

4 provided in this subsection, the provisions of this sec5 tion shall apply to the grant in the same manner,

6 and to the same extent, as the provisions apply to a

7 grant to a system.

8 ‘‘(e) CARRYOVER.—Any amount paid to an eligible

9 system for a fiscal year under this section that remains un10 obligated at the end of such fiscal year shall remain avail11 able to such system for obligation during the subsequent fis12 cal year. Program income generated from such amount

13 shall remain available for 2 additional fiscal years after

14 the year in which such amount was paid to an eligible sys15 tem and may only be used to improve the awareness of indi16 viduals with disabilities about the accessibility of assistive

17 technology and assist such individuals in the acquisition,

18 utilization, or maintenance of assistive technology devices

19 or assistive technology services.

20 ‘‘(f) REPORT TO SECRETARY.—An entity that receives

21 a grant under this section shall annually prepare and sub22 mit to the Secretary a report that contains such informa23 tion as the Secretary may require, including documentation

24 of the progress of the entity in—
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1 ‘‘(1) conducting consumer-responsive activities,

2 including activities that will lead to increased access,

3 for individuals with disabilities, to funding for assist4 ive technology devices and assistive technology serv5 ices;

6 ‘‘(2) engaging in informal advocacy to assist in

7 securing assistive technology devices and assistive

8 technology services for individuals with disabilities;

9 ‘‘(3) engaging in formal representation for indi10 viduals with disabilities to secure systems change, and

11 in advocacy activities to secure assistive technology

12 devices and assistive technology services for individ13 uals with disabilities;

14 ‘‘(4) developing and implementing strategies to

15 enhance the long-term abilities of individuals with

16 disabilities and their family members, guardians, ad17 vocates, and authorized representatives to advocate the

18 provision of assistive technology devices and assistive

19 technology services to which the individuals with dis20 abilities are entitled under law other than this Act;

21 ‘‘(5) coordinating activities with protection and

22 advocacy services funded through sources other than

23 this Act, and coordinating activities with the capac24 ity building and advocacy activities carried out by

25 the lead agency; and
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1 ‘‘(6) effectively allocating funds made available

2 under this section to improve the awareness of indi3 viduals with disabilities about the accessibility of as4 sistive technology and assist such individuals in the

5 acquisition, utilization, or maintenance of assistive

6 technology devices or assistive technology services.

7 ‘‘(g) REPORTS AND UPDATES TO STATE AGENCIES.—

8 An entity that receives a grant under this section shall pre9 pare and submit to the lead agency of the State designated

10 under section 4(c)(1) the report described in subsection (f)

11 and quarterly updates concerning the activities described

12 in subsection (f).

13 ‘‘(h) COORDINATION.—On making a grant under this

14 section to an entity in a State, the Secretary shall solicit

15 and consider the opinions of the lead agency of the State

16 with respect to efforts at coordination of activities, collabo17 ration, and promoting outcomes between the lead agency

18 and the entity that receives the grant under this section.

19 ‘‘SEC. 6. NATIONAL ACTIVITIES.

20 ‘‘(a) IN GENERAL.—In order to support activities de21 signed to improve the administration of this Act, the Sec22 retary, under subsection (b)—

23 ‘‘(1) may award, on a competitive basis, grants,

24 contracts, and cooperative agreements to entities to
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1 support activities described in paragraphs (1) and (2)

2 of subsection (b); and

3 ‘‘(2) shall award, on a competitive basis, grants,

4 contracts, and cooperative agreements to entities to

5 support activities described in paragraphs (3), (4),

6 and (5) of subsection (b).

7 ‘‘(b) AUTHORIZED ACTIVITIES.—

8 ‘‘(1) NATIONAL PUBLIC-AWARENESS TOOLKIT.—

9 ‘‘(A) NATIONAL PUBLIC-AWARENESS TOOL10 KIT.—The Secretary may award a 1-time grant,

11 contract, or cooperative agreement to an eligible

12 entity to support a training and technical assist13 ance program that—

14 ‘‘(i) expands public-awareness efforts to

15 reach targeted individuals and entities;

16 ‘‘(ii) contains appropriate accessible

17 multimedia materials to reach targeted in18 dividuals and entities, for dissemination to

19 State assistive technology programs; and

20 ‘‘(iii) in coordination with State as21 sistive technology programs, provides mean22 ingful and up-to-date information to tar23 geted individuals and entities about the

24 availability of assistive technology devices

25 and assistive technology services.
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1 ‘‘(B) ELIGIBLE ENTITY.—To be eligible to

2 receive the grant, contract, or cooperative agree3 ment, an entity shall develop a partnership

4 that—

5 ‘‘(i) shall consist of—

6 ‘‘(I) a lead agency or imple7 menting entity for a State assistive

8 technology program or an organization

9 or association that represents imple10 menting entities for State assistive

11 technology programs;

12 ‘‘(II) a private or public entity

13 from the media industry;

14 ‘‘(III) a private entity from the

15 assistive technology industry; and

16 ‘‘(IV) a private employer or an

17 organization or association that rep18 resents private employers;

19 ‘‘(ii) may include other entities deter20 mined by the Secretary to be necessary; and

21 ‘‘(iii) may include other entities deter22 mined by the applicant to be appropriate.

23 ‘‘(2) RESEARCH AND DEVELOPMENT.—

24 ‘‘(A) IN GENERAL.—The Secretary may

25 award grants, contracts, or cooperative agree-
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1 ments to eligible entities to carry out research

2 and development of assistive technology that con3 sists of—

4 ‘‘(i) developing standards for reli5 ability and accessibility of assistive tech6 nology, and standards for interoperability

7 (including open standards) of assistive tech8 nology with information technology, tele9 communications products, and other assist10 ive technology; or

11 ‘‘(ii) developing assistive technology

12 that benefits individuals with disabilities or

13 developing technologies or practices that re14 sult in the adaptation, maintenance, serv15 icing, or improvement of assistive tech16 nology devices.

17 ‘‘(B) ELIGIBLE ENTITIES.—Entities eligible

18 to receive a grant, contract, or cooperative agree19 ment under this paragraph shall include—

20 ‘‘(i) providers of assistive technology

21 services and assistive technology devices;

22 ‘‘(ii) institutions of higher education,

23 including University Centers for Excellence

24 in Developmental Disabilities Education,

25 Research, and Service authorized under sub-
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1 title D of title I of the Developmental Dis2 abilities Assistance and Bill of Rights Act

3 of 2000 (42 U.S.C. 15061 et seq.), or such

4 institutions offering rehabilitation engineer5 ing programs, computer science programs,

6 or information technology programs;

7 ‘‘(iii) manufacturers of assistive tech8 nology devices; and

9 ‘‘(iv) professionals, individuals, orga10 nizations, and agencies providing services

11 or employment to individuals with disabil12 ities.

13 ‘‘(C) COLLABORATION.—An entity that re14 ceives a grant, contract, or cooperative agreement

15 under this paragraph shall, in developing and

16 implementing the project carried out through the

17 grant, contract, or cooperative agreement coordi18 nate activities with the lead agency for the State

19 assistive technology program (or a national or20 ganization that represents such programs) and

21 the State advisory council described in section

22 4(c)(2) (or a national organization that rep23 resents such councils).

24 ‘‘(3) STATE TRAINING AND TECHNICAL ASSIST25 ANCE.—
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1 ‘‘(A) TRAINING AND TECHNICAL ASSISTANCE

2 EFFORTS.—The Secretary shall award a grant,

3 contract, or cooperative agreement to an entity

4 to support a training and technical assistance

5 program that—

6 ‘‘(i) addresses State-specific informa7 tion requests concerning assistive technology

8 from entities funded under this Act and

9 public entities not funded under this Act,

10 including—

11 ‘‘(I) requests for information on

12 effective approaches to Federal-State

13 coordination of programs for individ14 uals with disabilities, related to im15 proving funding for or access to assist16 ive technology devices and assistive

17 technology services for individuals with

18 disabilities of all ages;

19 ‘‘(II) requests for state-of-the-art,

20 or model, Federal, State, and local

21 laws, regulations, policies, practices,

22 procedures, and organizational struc23 tures, that facilitate, and overcome

24 barriers to, funding for, and access to,
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1 assistive technology devices and assist2 ive technology services;

3 ‘‘(III) requests for information on

4 effective approaches to developing, im5 plementing, evaluating, and sustaining

6 activities described in sections 4 and 5

7 and related to improving funding for

8 or access to assistive technology devices

9 and assistive technology services for in10 dividuals with disabilities of all ages,

11 and requests for assistance in devel12 oping corrective action plans;

13 ‘‘(IV) requests for examples of

14 policies, practices, procedures, regula15 tions, or judicial decisions that have

16 enhanced or may enhance access to

17 funding for assistive technology devices

18 and assistive technology services for in19 dividuals with disabilities;

20 ‘‘(V) requests for information on

21 effective approaches to the development

22 of consumer-controlled systems that in23 crease access to, funding for, and

24 awareness of, assistive technology de-
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1 vices and assistive technology services;

2 and

3 ‘‘(VI) other requests for training

4 and technical assistance from entities

5 funded under this Act and public and

6 private entities not funded under this

7 Act;

8 ‘‘(ii) assists targeted individuals and

9 entities by disseminating information

10 about—

11 ‘‘(I) Federal, State, and local

12 laws, regulations, policies, practices,

13 procedures, and organizational struc14 tures, that facilitate, and overcome

15 barriers to, funding for, and access to,

16 assistive technology devices and assist17 ive technology services, to promote

18 fuller independence, productivity, and

19 inclusion in society for individuals

20 with disabilities of all ages; and

21 ‘‘(II) technical assistance activi22 ties undertaken under clause (i);

23 ‘‘(iii) provides State-specific, regional,

24 and national training and technical assist25 ance concerning assistive technology to enti-
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1 ties funded under this Act, other entities

2 funded under this Act, and public and pri3 vate entities not funded under this Act,

4 including—

5 ‘‘(I) annually providing a forum

6 for exchanging information concerning,

7 and promoting program and policy

8 improvements in, required activities of

9 the State assistive technology pro10 grams;

11 ‘‘(II) facilitating onsite and elec12 tronic information sharing using state13 of-the-art Internet technologies such as

14 real-time online discussions,

15 multipoint video conferencing, and

16 web-based audio/video broadcasts, on

17 emerging topics that affect State assist18 ive technology programs;

19 ‘‘(III) convening experts from

20 State assistive technology programs to

21 discuss and make recommendations

22 with regard to national emerging

23 issues of importance to individuals

24 with assistive technology needs;
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1 ‘‘(IV) sharing best practice and

2 evidence-based practices among State

3 assistive technology programs;

4 ‘‘(V) maintaining an accessible

5 website that includes a link to State

6 assistive technology programs, appro7 priate Federal departments and agen8 cies, and private associations and de9 veloping a national toll-free number

10 that links callers from a State with the

11 State assistive technology program in

12 their State;

13 ‘‘(VI) developing or utilizing ex14 isting (as of the date of the award in15 volved) model cooperative volume-pur16 chasing mechanisms designed to reduce

17 the financial costs of purchasing assist18 ive technology for required and discre19 tionary activities identified in section

20 4, and reducing duplication of activi21 ties among State assistive technology

22 programs; and

23 ‘‘(VII) providing access to experts

24 in the areas of banking, microlending,

25 and finance, for entities funded under
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1 this Act, through site visits, telecon2 ferences, and other means, to ensure

3 access to information for entities that

4 are carrying out new programs or pro5 grams that are not making progress in

6 achieving the objectives of the pro7 grams; and

8 ‘‘(iv) includes such other activities as

9 the Secretary may require.

10 ‘‘(B) ELIGIBLE ENTITIES.—To be eligible to

11 receive a grant, contract, or cooperative agree12 ment under this paragraph, an entity shall have

13 (directly or through grant or contract)—

14 ‘‘(i) experience and expertise in ad15 ministering programs, including developing,

16 implementing, and administering the re17 quired and discretionary activities described

18 in sections 4 and 5, and providing technical

19 assistance; and

20 ‘‘(ii) documented experience in and

21 knowledge about banking, finance, and

22 microlending.

23 ‘‘(C) COLLABORATION.—In developing and

24 providing training and technical assistance

25 under this paragraph, including activities iden-
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1 tified as priorities, a recipient of a grant, con2 tract, or cooperative agreement under this para3 graph shall collaborate with other organizations,

4 in particular—

5 ‘‘(i) organizations representing indi6 viduals with disabilities;

7 ‘‘(ii) national organizations rep8 resenting State assistive technology pro9 grams;

10 ‘‘(iii) organizations representing State

11 officials and agencies engaged in the deliv12 ery of assistive technology;

13 ‘‘(iv) the data-collection and reporting

14 providers described in paragraph (5); and

15 ‘‘(v) other providers of national pro16 grams or programs of national significance

17 funded under this Act.

18 ‘‘(4) NATIONAL INFORMATION INTERNET SYS19 TEM.—

20 ‘‘(A) IN GENERAL.—The Secretary shall

21 award a grant, contract, or cooperative agree22 ment to an entity to renovate, update, and

23 maintain the National Public Internet Site es24 tablished under this Act (as in effect on the day
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1 before the date of enactment of the Assistive

2 Technology Act of 2004).

3 ‘‘(B) FEATURES OF INTERNET SITE.—The

4 National Public Internet Site shall contain the

5 following features:

6 ‘‘(i) AVAILABILITY OF INFORMATION AT

7 ANY TIME.—The site shall be designed so

8 that any member of the public may obtain

9 information posted on the site at any time.

10 ‘‘(ii) INNOVATIVE AUTOMATED INTEL11 LIGENT AGENT.—The site shall be con12 structed with an innovative automated in13 telligent agent that is a diagnostic tool for

14 assisting users in problem definition and

15 the selection of appropriate assistive tech16 nology devices and assistive technology serv17 ices resources.

18 ‘‘(iii) RESOURCES.—

19 ‘‘(I) LIBRARY ON ASSISTIVE

20 TECHNOLOGY.—The site shall include

21 access to a comprehensive working li22 brary on assistive technology for all en23 vironments, including home, work24 place, transportation, and other envi25 ronments.
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1 ‘‘(II) INFORMATION ON ACCOMMO2 DATING INDIVIDUALS WITH DISABIL3 ITIES.—The site shall include access to

4 evidence-based research and best prac5 tices concerning how assistive tech6 nology can be used to accommodate in7 dividuals with disabilities in the areas

8 of education, employment, health care,

9 community living, and telecommuni10 cations and information technology.

11 ‘‘(III) RESOURCES FOR A NUMBER

12 OF DISABILITIES.—The site shall in13 clude resources relating to the largest

14 possible number of disabilities, includ15 ing resources relating to low-level read16 ing skills.

17 ‘‘(iv) LINKS TO PRIVATE-SECTOR RE18 SOURCES AND INFORMATION.—To the extent

19 feasible, the site shall be linked to relevant

20 private-sector resources and information,

21 under agreements developed between the re22 cipient of the grant, contract, or cooperative

23 agreement and cooperating private-sector

24 entities.
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1 ‘‘(v) LINKS TO PUBLIC-SECTOR RE2 SOURCES AND INFORMATION.—To the extent

3 feasible, the site shall be linked to relevant

4 public-sector resources and information,

5 such as the Internet sites of the Office of

6 Special Education and Rehabilitation Serv7 ices of the Department of Education, the Of8 fice of Disability Employment Policy of the

9 Department of Labor, the Small Business

10 Administration, the Architectural and

11 Transportation Barriers Compliance Board,

12 the Technology Administration of the De13 partment of Commerce, the Jobs Accommo14 dation Network funded by the Office of Dis15 ability Employment Policy of the Depart16 ment of Labor, and other relevant sites.

17 ‘‘(vi) MINIMUM LIBRARY COMPO18 NENTS.—At a minimum, the site shall

19 maintain updated information on—

20 ‘‘(I) State assistive technology

21 program demonstration sites where in22 dividuals may try out assistive tech23 nology devices;

24 ‘‘(II) State assistive technology

25 program device loan program sites
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1 where individuals may borrow assist2 ive technology devices;

3 ‘‘(III) State assistive technology

4 program device reutilization program

5 sites;

6 ‘‘(IV) alternative financing pro7 grams or State financing systems oper8 ated through, or independently of,

9 State assistive technology programs,

10 and other sources of funding for assist11 ive technology devices; and

12 ‘‘(V) various programs, including

13 programs with tax credits, available to

14 employers for hiring or accommodating

15 employees who are individuals with

16 disabilities.

17 ‘‘(C) ELIGIBLE ENTITY.—To be eligible to

18 receive a grant, contract, or cooperative agree19 ment under this paragraph, an entity shall be a

20 nonprofit organization, for-profit organization,

21 or institution of higher education, that—

22 ‘‘(i) emphasizes research and engineer23 ing;

24 ‘‘(ii) has a multidisciplinary research

25 center; and
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1 ‘‘(iii) has demonstrated expertise in—

2 ‘‘(I) working with assistive tech3 nology and intelligent agent interactive

4 information dissemination systems;

5 ‘‘(II) managing libraries of assist6 ive technology and disability-related

7 resources;

8 ‘‘(III) delivering to individuals

9 with disabilities education, informa10 tion, and referral services, including

11 technology-based curriculum-develop12 ment services for adults with low-level

13 reading skills;

14 ‘‘(IV) developing cooperative part15 nerships with the private sector, par16 ticularly with private-sector computer

17 software, hardware, and Internet serv18 ices entities; and

19 ‘‘(V) developing and designing ad20 vanced Internet sites.

21 ‘‘(5) DATA-COLLECTION AND REPORTING ASSIST22 ANCE.—

23 ‘‘(A) IN GENERAL.—The Secretary shall

24 award grants, contracts, and cooperative agree25 ments to entities to assist the entities in carrying
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1 out State assistive technology programs in devel2 oping and implementing effective data-collection

3 and reporting systems that—

4 ‘‘(i) focus on quantitative and quali5 tative data elements;

6 ‘‘(ii) measure the outcomes of the re7 quired activities described in section 4 that

8 are implemented by the States and the

9 progress of the States toward achieving the

10 measurable goals described in section

11 4(d)(3);

12 ‘‘(iii) provide States with the necessary

13 information required under this Act or by

14 the Secretary for reports described in sec15 tion 4(f)(2); and

16 ‘‘(iv) help measure the accrued benefits

17 of the activities to individuals who need as18 sistive technology.

19 ‘‘(B) ELIGIBLE ENTITIES.—To be eligible to

20 receive a grant, contract, or cooperative agree21 ment under this paragraph, an entity shall have

22 personnel with—

23 ‘‘(i) documented experience and exper24 tise in administering State assistive tech25 nology programs;
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1 ‘‘(ii) experience in collecting and ana2 lyzing data associated with implementing

3 required and discretionary activities;

4 ‘‘(iii) expertise necessary to identify

5 additional data elements needed to provide

6 comprehensive reporting of State activities

7 and outcomes; and

8 ‘‘(iv) experience in utilizing data to

9 provide annual reports to State policy10 makers.

11 ‘‘(c) APPLICATION.—To be eligible to receive a grant,

12 contract, or cooperative agreement under this section, an

13 entity shall submit an application to the Secretary at such

14 time, in such manner, and containing such information as

15 the Secretary may require.

16 ‘‘(d) INPUT.—With respect to the activities described

17 in subsection (b) to be funded under this section, including

18 the national and regionally based training and technical

19 assistance efforts carried out through the activities, in de20 signing the activities the Secretary shall consider, and in

21 providing the activities providers shall include, input of the

22 directors of comprehensive statewide programs of tech23 nology-related assistance, directors of alternative financing

24 programs, and other individuals the Secretary determines

25 to be appropriate, especially—
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1 ‘‘(1) individuals with disabilities who use assist2 ive technology and understand the barriers to the ac3 quisition of such technology and assistive technology

4 services;

5 ‘‘(2) family members, guardians, advocates, and

6 authorized representatives of such individuals;

7 ‘‘(3) individuals employed by protection and ad8 vocacy systems funded under section 5;

9 ‘‘(4) relevant employees from Federal depart10 ments and agencies, other than the Department of

11 Education;

12 ‘‘(5) representatives of businesses; and

13 ‘‘(6) venders and public and private researchers

14 and developers.

15 ‘‘SEC. 7. ADMINISTRATIVE PROVISIONS.

16 ‘‘(a) GENERAL ADMINISTRATION.—

17 ‘‘(1) IN GENERAL.—Notwithstanding any other

18 provision of law, the Assistant Secretary for Special

19 Education and Rehabilitative Services of the Depart20 ment of Education, acting through the Rehabilitation

21 Services Administration, shall be responsible for the

22 administration of this Act.

23 ‘‘(2) COLLABORATION.—The Assistant Secretary

24 for Special Education and Rehabilitative Services

25 shall consult with the Office of Special Education
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1 Programs, the Rehabilitation Services Administra2 tion, and the National Institute on Disability and

3 Rehabilitation Research in the Office of Special Edu4 cation and Rehabilitative Services, and appropriate

5 Federal entities in the administration of this Act.

6 ‘‘(3) ADMINISTRATION.—In administering this

7 Act, the Rehabilitation Services Administration shall

8 ensure that programs funded under this Act will ad9 dress the needs of individuals with disabilities of all

10 ages, whether the individuals will use the assistive

11 technology to obtain or maintain employment, to ob12 tain education, or for other reasons.

13 ‘‘(4) ORDERLY TRANSITION.—

14 ‘‘(A) IN GENERAL.—The Secretary shall

15 take such steps as the Secretary determines to be

16 appropriate to provide for the orderly transition

17 to, and implementation of, programs authorized

18 by this Act, from programs authorized by the As19 sistive Technology Act of 1998, as in effect on the

20 day before the date of enactment of the Assistive

21 Technology Act of 2004.

22 ‘‘(B) CESSATION OF EFFECTIVENESS.—Sub23 paragraph (A) ceases to be effective on the date

24 that is 6 months after the date of enactment of

25 the Assistive Technology Act of 2004.
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1 ‘‘(b) REVIEW OF PARTICIPATING ENTITIES.—

2 ‘‘(1) IN GENERAL.—The Secretary shall assess

3 the extent to which entities that receive grants under

4 this Act are complying with the applicable require5 ments of this Act and achieving measurable goals that

6 are consistent with the requirements of the grant pro7 grams under which the entities received the grants.

8 ‘‘(2) PROVISION OF INFORMATION.—To assist the

9 Secretary in carrying out the responsibilities of the

10 Secretary under this section, the Secretary may re11 quire States to provide relevant information, includ12 ing the information required under subsection (d).

13 ‘‘(c) CORRECTIVE ACTION AND SANCTIONS.—

14 ‘‘(1) CORRECTIVE ACTION.—If the Secretary de15 termines that an entity that receives a grant under

16 this Act fails to substantially comply with the appli17 cable requirements of this Act, or to make substantial

18 progress toward achieving the measurable goals de19 scribed in subsection (b)(1) with respect to the grant

20 program, the Secretary shall assist the entity, through

21 technical assistance funded under section 6 or other

22 means, within 90 days after such determination, to

23 develop a corrective action plan.

24 ‘‘(2) SANCTIONS.—If the entity fails to develop

25 and comply with a corrective action plan described in
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1 paragraph (1) during a fiscal year, the entity shall

2 be subject to 1 of the following corrective actions se3 lected by the Secretary:

4 ‘‘(A) Partial or complete termination of

5 funding under the grant program, until the enti6 ty develops and complies with such a plan.

7 ‘‘(B) Ineligibility to participate in the

8 grant program in the following year.

9 ‘‘(C) Reduction in the amount of funding

10 that may be used for indirect costs under section

11 4 for the following year.

12 ‘‘(D) Required redesignation of the lead

13 agency designated under section 4(c)(1) or an

14 entity responsible for administering the grant

15 program.

16 ‘‘(3) APPEALS PROCEDURES.—The Secretary

17 shall establish appeals procedures for entities that are

18 determined to be in noncompliance with the applica19 ble requirements of this Act, or have not made sub20 stantial progress toward achieving the measurable

21 goals described in subsection (b)(1).

22 ‘‘(4) SECRETARIAL ACTION.—As part of the an23 nual report required under subsection (d), the Sec24 retary shall describe each such action taken under
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1 paragraph (1) or (2) and the outcomes of each such

2 action.

3 ‘‘(5) PUBLIC NOTIFICATION.—The Secretary shall

4 notify the public, by posting on the Internet website

5 of the Department of Education, of each action taken

6 by the Secretary under paragraph (1) or (2). As a

7 part of such notification, the Secretary shall describe

8 each such action taken under paragraph (1) or (2)

9 and the outcomes of each such action.

10 ‘‘(d) ANNUAL REPORT TO CONGRESS.—

11 ‘‘(1) IN GENERAL.—Not later than December 31

12 of each year, the Secretary shall prepare, and submit

13 to the President and to the Committee on Education

14 and the Workforce of the House of Representatives

15 and the Committee on Health, Education, Labor, and

16 Pensions of the Senate, a report on the activities

17 funded under this Act to improve the access of indi18 viduals with disabilities to assistive technology devices

19 and assistive technology services.

20 ‘‘(2) CONTENTS.—Such report shall include—

21 ‘‘(A) a compilation and summary of the in22 formation provided by the States in annual

23 progress reports submitted under section 4(f);

24 and
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1 ‘‘(B) a summary of the State applications

2 described in section 4(d) and an analysis of the

3 progress of the States in meeting the measurable

4 goals established in State applications under sec5 tion 4(d)(3).

6 ‘‘(e) CONSTRUCTION.—Nothing in this section shall be

7 construed to affect the enforcement authority of the Sec8 retary, another Federal officer, or a court under part D

9 of the General Education Provisions Act (20 U.S.C. 1234

10 et seq.) or other applicable law.

11 ‘‘(f) EFFECT ON OTHER ASSISTANCE.—This Act may

12 not be construed as authorizing a Federal or State agency

13 to reduce medical or other assistance available, or to alter

14 eligibility for a benefit or service, under any other Federal

15 law.

16 ‘‘(g) RULE.—The Assistive Technology Act of 1998 (as

17 in effect on the day before the date of enactment of the As18 sistive Technology Act of 2004) shall apply to funds appro19 priated under the Assistive Technology Act of 1998 for fiscal

20 year 2004.

21 ‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

22 ‘‘(a) STATE GRANTS FOR ASSISTIVE TECHNOLOGY AND

23 NATIONAL ACTIVITIES.—

24 ‘‘(1) IN GENERAL.—There are authorized to be

25 appropriated to carry out sections 4 and 6 such sums
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1 as may be necessary for each of fiscal years 2005

2 through 2010.

3 ‘‘(2) RESERVATION.—

4 ‘‘(A) DEFINITION.—In this paragraph, the

5 term ‘higher appropriation year’ means a fiscal

6 year for which the amount appropriated under

7 paragraph (1) and made available to carry out

8 section 4 is at least $665,000 greater than the

9 amount that—

10 ‘‘(i) was appropriated under section

11 105 of this Act (as in effect on October 1,

12 2003) for fiscal year 2004; and

13 ‘‘(ii) was not reserved for grants under

14 section 102 or 104 of this Act (as in effect

15 on such date) for fiscal year 2004.

16 ‘‘(B) AMOUNT RESERVED FOR NATIONAL AC17 TIVITIES.—Of the amount appropriated under

18 paragraph (1) for a fiscal year—

19 ‘‘(i) not more than $1,235,000 may be

20 reserved to carry out section 6, except as

21 provided in clause (ii); and

22 ‘‘(ii) for a higher appropriation

23 year—
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1 ‘‘(I) not more than $1,900,000

2 may be reserved to carry out section 6;

3 and

4 ‘‘(II) of the amount so reserved,

5 the portion exceeding $1,235,000 shall

6 be used to carry out paragraphs (1)

7 and (2) of section 6(b).

8 ‘‘(b) STATE GRANTS FOR PROTECTION AND ADVOCACY

9 SERVICES RELATED TO ASSISTIVE TECHNOLOGY.—There

10 are authorized to be appropriated to carry out section 5

11 $4,419,000 for fiscal year 2005 and such sums as may be

12 necessary for each of fiscal years 2006 through 2010.’’.

13 SEC. 3. CONFORMING AMENDMENTS.

14 (a) DEVELOPMENTAL DISABILITIES ASSISTANCE AND

15 BILL OF RIGHTS ACT OF 2000.—The Developmental Dis16 abilities Assistance and Bill of Rights Act of 2000 (42

17 U.S.C. 15001 et seq.) is amended—

18 (1) in section 124(c)(3)(B), by striking ‘‘section

19 101 or 102 of the Assistive Technology Act of 1998

20 (29 U.S.C. 3011, 3012)’’ and inserting ‘‘section 4 or

21 5 of the Assistive Technology Act of 1998’’;

22 (2) in section 125(c)(5)(G)(i), by striking ‘‘sec23 tion 101 or 102 of the Assistive Technology Act of

24 1998 (29 U.S.C. 3011, 3012)’’ and inserting ‘‘section

25 4 or 5 of the Assistive Technology Act of 1998’’;
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1 (3) in section 143(a)(2)(D)(ii), by striking ‘‘sec2 tion 101 or 102 of the Assistive Technology Act of

3 1998 (29 U.S.C. 3011, 3012)’’ and inserting ‘‘section

4 4 or 5 of the Assistive Technology Act of 1998’’; and

5 (4) in section 154(a)(3)(E)(ii)(VI), by striking

6 ‘‘section 101 or 102 of the Assistive Technology Act of

7 1998 (29 U.S.C. 3011, 3012)’’ and inserting ‘‘section

8 4 or 5 of the Assistive Technology Act of 1998’’.

9 (b) REHABILITATION ACT OF 1973.—The Rehabilita10 tion Act of 1973 (29 U.S.C. 701 et seq.) is amended—

11 (1) in section 203, by striking subsection (e) and

12 inserting the following:

13 ‘‘(e) In this section—

14 ‘‘(1) the terms ‘assistive technology’ and ‘uni15 versal design’ have the meanings given the terms in

16 section 3 of the Assistive Technology Act of 1998; and

17 ‘‘(2) the term ‘targeted individuals’ has the

18 meaning given the term ‘targeted individuals and en19 tities’ in section 3 of the Assistive Technology Act of

20 1998.’’;

21 (2) in section 401(c)(2), by striking ‘‘targeted in22 dividuals’’ and inserting ‘‘targeted individuals and

23 entities’’; and
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1 (3) in section 502(d), by striking ‘‘targeted indi2 viduals’’ and inserting ‘‘targeted individuals and en3 tities’’.

Attest:

Secretary.
108TH CONGRESS

2D SESSION H. R. 4278

AMENDMENT