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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4278 Enrolled Bill (ENR)]

        H.R.4278

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four

                                 An Act

 
  To amend the Assistive Technology Act of 1998 to support programs of 
     grants to States to address the assistive technology needs of 
         individuals with disabilities, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Assistive Technology Act of 2004''.

SEC. 2. AMENDMENT TO THE ASSISTIVE TECHNOLOGY ACT OF 1998.

    The Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) is 
amended to read as follows:

``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    ``(a) Short Title.--This Act may be cited as the `Assistive 
Technology Act of 1998'.
    ``(b) Table of Contents.--The table of contents of this Act is as 
follows:

    ``Sec. 1. Short title; table of contents.
    ``Sec. 2. Findings and purposes. 
    ``Sec. 3. Definitions. 
    ``Sec. 4. State grants for assistive technology. 
    ``Sec. 5. State grants for protection and advocacy services related 
              to assistive technology. 
    ``Sec. 6. National activities.
    ``Sec. 7. Administrative provisions. 
    ``Sec. 8. Authorization of appropriations. 

``SEC. 2. FINDINGS AND PURPOSES.

    ``(a) Findings.--Congress finds the following:
        ``(1) Over 54,000,000 individuals in the United States have 
    disabilities, with almost half experiencing severe disabilities 
    that affect their ability to see, hear, communicate, reason, walk, 
    or perform other basic life functions.
        ``(2) Disability is a natural part of the human experience and 
    in no way diminishes the right of individuals to--
            ``(A) live independently;
            ``(B) enjoy self-determination and make choices;
            ``(C) benefit from an education;
            ``(D) pursue meaningful careers; and
            ``(E) enjoy full inclusion and integration in the economic, 
        political, social, cultural, and educational mainstream of 
        society in the United States.
        ``(3) Technology is one of the primary engines for economic 
    activity, education, and innovation in the Nation, and throughout 
    the world. The commitment of the United States to the development 
    and utilization of technology is one of the main factors underlying 
    the strength and vibrancy of the economy of the United States.
        ``(4) As technology has come to play an increasingly important 
    role in the lives of all persons in the United States, in the 
    conduct of business, in the functioning of government, in the 
    fostering of communication, in the conduct of commerce, and in the 
    provision of education, its impact upon the lives of individuals 
    with disabilities in the United States has been comparable to its 
    impact upon the remainder of the citizens of the United States. Any 
    development in mainstream technology will have profound 
    implications for individuals with disabilities in the United 
    States.
        ``(5) Substantial progress has been made in the development of 
    assistive technology devices, including adaptations to existing 
    devices that facilitate activities of daily living that 
    significantly benefit individuals with disabilities of all ages. 
    These devices, including adaptations, increase involvement in, and 
    reduce expenditures associated with, programs and activities that 
    facilitate communication, ensure independent functioning, enable 
    early childhood development, support educational achievement, 
    provide and enhance employment options, and enable full 
    participation in community living for individuals with 
    disabilities. Access to such devices can also reduce expenditures 
    associated with early childhood intervention, education, 
    rehabilitation and training, health care, employment, residential 
    living, independent living, recreation opportunities, and other 
    aspects of daily living.
        ``(6) Over the last 15 years, the Federal Government has 
    invested in the development of comprehensive statewide programs of 
    technology-related assistance, which have proven effective in 
    assisting individuals with disabilities in accessing assistive 
    technology devices and assistive technology services. This 
    partnership between the Federal Government and the States provided 
    an important service to individuals with disabilities by 
    strengthening the capacity of each State to assist individuals with 
    disabilities of all ages meet their assistive technology needs.
        ``(7) Despite the success of the Federal-State partnership in 
    providing access to assistive technology devices and assistive 
    technology services, there is a continued need to provide 
    information about the availability of assistive technology, 
    advances in improving accessibility and functionality of assistive 
    technology, and appropriate methods to secure and utilize assistive 
    technology in order to maximize the independence and participation 
    of individuals with disabilities in society.
        ``(8) The combination of significant recent changes in Federal 
    policy (including changes to section 508 of the Rehabilitation Act 
    of 1973 (29 U.S.C. 794d), accessibility provisions of the Help 
    America Vote Act of 2002 (42 U.S.C. 15301 et seq.), and the 
    amendments made to the Elementary and Secondary Education Act of 
    1965 (20 U.S.C. 6301 et seq.) by the No Child Left Behind Act of 
    2001) and the rapid and unending evolution of technology require a 
    Federal-State investment in State assistive technology systems to 
    continue to ensure that individuals with disabilities reap the 
    benefits of the technological revolution and participate fully in 
    life in their communities.
    ``(b) Purposes.--The purposes of this Act are--
        ``(1) to support State efforts to improve the provision of 
    assistive technology to individuals with disabilities through 
    comprehensive statewide programs of technology-related assistance, 
    for individuals with disabilities of all ages, that are designed 
    to--
            ``(A) increase the availability of, funding for, access to, 
        provision of, and training about assistive technology devices 
        and assistive technology services;
            ``(B) increase the ability of individuals with disabilities 
        of all ages to secure and maintain possession of assistive 
        technology devices as such individuals make the transition 
        between services offered by educational or human service 
        agencies or between settings of daily living (for example, 
        between home and work);
            ``(C) increase the capacity of public agencies and private 
        entities to provide and pay for assistive technology devices 
        and assistive technology services on a statewide basis for 
        individuals with disabilities of all ages;
            ``(D) increase the involvement of individuals with 
        disabilities and, if appropriate, their family members, 
        guardians, advocates, and authorized representatives, in 
        decisions related to the provision of assistive technology 
        devices and assistive technology services;
            ``(E) increase and promote coordination among State 
        agencies, between State and local agencies, among local 
        agencies, and between State and local agencies and private 
        entities (such as managed care providers), that are involved or 
        are eligible to be involved in carrying out activities under 
        this Act;
            ``(F) increase the awareness and facilitate the change of 
        laws, regulations, policies, practices, procedures, and 
        organizational structures, that facilitate the availability or 
        provision of assistive technology devices and assistive 
        technology services; and
            ``(G) increase awareness and knowledge of the benefits of 
        assistive technology devices and assistive technology services 
        among targeted individuals and entities and the general 
        population; and
        ``(2) to provide States with financial assistance that supports 
    programs designed to maximize the ability of individuals with 
    disabilities and their family members, guardians, advocates, and 
    authorized representatives to obtain assistive technology devices 
    and assistive technology services.

``SEC. 3. DEFINITIONS.

    ``In this Act:
        ``(1) Adult service program.--The term `adult service program' 
    means a program that provides services to, or is otherwise 
    substantially involved with the major life functions of, 
    individuals with disabilities. Such term includes--
            ``(A) a program providing residential, supportive, or 
        employment services, or employment-related services, to 
        individuals with disabilities;
            ``(B) a program carried out by a center for independent 
        living, such as a center described in part C of title VII of 
        the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.);
            ``(C) a program carried out by an employment support agency 
        connected to adult vocational rehabilitation, such as a one-
        stop partner, as defined in section 101 of the Workforce 
        Investment Act of 1998 (29 U.S.C. 2801); and
            ``(D) a program carried out by another organization or 
        vender licensed or registered by the designated State agency, 
        as defined in section 7 of the Rehabilitation Act of 1973 (29 
        U.S.C. 705).
        ``(2) American indian consortium.--The term `American Indian 
    consortium' means an entity that is an American Indian Consortium 
    (as defined in section 102 of Developmental Disabilities Assistance 
    and Bill of Rights Act of 2000 (42 U.S.C. 15002)), and that is 
    established to provide protection and advocacy services for 
    purposes of receiving funding under subtitle C of title I of such 
    Act (42 U.S.C. 15041 et seq.).
        ``(3) Assistive technology.--The term `assistive technology' 
    means technology designed to be utilized in an assistive technology 
    device or assistive technology service.
        ``(4) Assistive technology device.--The term `assistive 
    technology device' means any item, piece of equipment, or product 
    system, whether acquired commercially, modified, or customized, 
    that is used to increase, maintain, or improve functional 
    capabilities of individuals with disabilities.
        ``(5) Assistive technology service.--The term `assistive 
    technology service' means any service that directly assists an 
    individual with a disability in the selection, acquisition, or use 
    of an assistive technology device. Such term includes--
            ``(A) the evaluation of the assistive technology needs of 
        an individual with a disability, including a functional 
        evaluation of the impact of the provision of appropriate 
        assistive technology and appropriate services to the individual 
        in the customary environment of the individual;
            ``(B) a service consisting of purchasing, leasing, or 
        otherwise providing for the acquisition of assistive technology 
        devices by individuals with disabilities;
            ``(C) a service consisting of selecting, designing, 
        fitting, customizing, adapting, applying, maintaining, 
        repairing, replacing, or donating assistive technology devices;
            ``(D) coordination and use of necessary therapies, 
        interventions, or services with assistive technology devices, 
        such as therapies, interventions, or services associated with 
        education and rehabilitation plans and programs;
            ``(E) training or technical assistance for an individual 
        with a disability or, where appropriate, the family members, 
        guardians, advocates, or authorized representatives of such an 
        individual;
            ``(F) training or technical assistance for professionals 
        (including individuals providing education and rehabilitation 
        services and entities that manufacture or sell assistive 
        technology devices), employers, providers of employment and 
        training services, or other individuals who provide services 
        to, employ, or are otherwise substantially involved in the 
        major life functions of individuals with disabilities; and
            ``(G) a service consisting of expanding the availability of 
        access to technology, including electronic and information 
        technology, to individuals with disabilities.
        ``(6) Capacity building and advocacy activities.--The term 
    `capacity building and advocacy activities' means efforts that--
            ``(A) result in laws, regulations, policies, practices, 
        procedures, or organizational structures that promote consumer-
        responsive programs or entities; and
            ``(B) facilitate and increase access to, provision of, and 
        funding for, assistive technology devices and assistive 
        technology services, in order to empower individuals with 
        disabilities to achieve greater independence, productivity, and 
        integration and inclusion within the community and the 
        workforce.
        ``(7) Comprehensive statewide program of technology-related 
    assistance.--The term `comprehensive statewide program of 
    technology-related assistance' means a consumer-responsive program 
    of technology-related assistance for individuals with disabilities, 
    implemented by a State, and equally available to all individuals 
    with disabilities residing in the State, regardless of their type 
    of disability, age, income level, or location of residence in the 
    State, or the type of assistive technology device or assistive 
    technology service required.
        ``(8) Consumer-responsive.--The term `consumer-responsive'--
            ``(A) with regard to policies, means that the policies are 
        consistent with the principles of--
                ``(i) respect for individual dignity, personal 
            responsibility, self-determination, and pursuit of 
            meaningful careers, based on informed choice, of 
            individuals with disabilities;
                ``(ii) respect for the privacy, rights, and equal 
            access (including the use of accessible formats) of such 
            individuals;
                ``(iii) inclusion, integration, and full participation 
            of such individuals in society;
                ``(iv) support for the involvement in decisions of a 
            family member, a guardian, an advocate, or an authorized 
            representative, if an individual with a disability 
            requests, desires, or needs such involvement; and
                ``(v) support for individual and systems advocacy and 
            community involvement; and
            ``(B) with respect to an entity, program, or activity, 
        means that the entity, program, or activity--
                ``(i) is easily accessible to, and usable by, 
            individuals with disabilities and, when appropriate, their 
            family members, guardians, advocates, or authorized 
            representatives;
                ``(ii) responds to the needs of individuals with 
            disabilities in a timely and appropriate manner; and
                ``(iii) facilitates the full and meaningful 
            participation of individuals with disabilities (including 
            individuals from underrepresented populations and rural 
            populations) and their family members, guardians, 
            advocates, and authorized representatives, in--

                    ``(I) decisions relating to the provision of 
                assistive technology devices and assistive technology 
                services to such individuals; and
                    ``(II) decisions related to the maintenance, 
                improvement, and evaluation of the comprehensive 
                statewide program of technology-related assistance, 
                including decisions that affect capacity building and 
                advocacy activities.

        ``(9) Disability.--The term `disability' means a condition of 
    an individual that is considered to be a disability or handicap for 
    the purposes of any Federal law other than this Act or for the 
    purposes of the law of the State in which the individual resides.
        ``(10) Individual with a disability; individuals with 
    disabilities.--
            ``(A) Individual with a disability.--The term `individual 
        with a disability' means any individual of any age, race, or 
        ethnicity--
                ``(i) who has a disability; and
                ``(ii) who is or would be enabled by an assistive 
            technology device or an assistive technology service to 
            minimize deterioration in functioning, to maintain a level 
            of functioning, or to achieve a greater level of 
            functioning in any major life activity.
            ``(B) Individuals with disabilities.--The term `individuals 
        with disabilities' means more than 1 individual with a 
        disability.
        ``(11) Institution of higher education.--The term `institution 
    of higher education' has the meaning given such term in section 
    101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), and 
    includes a community college receiving funding under the Tribally 
    Controlled College or University Assistance Act of 1978 (25 U.S.C. 
    1801 et seq.).
        ``(12) Protection and advocacy services.--The term `protection 
    and advocacy services' means services that--
            ``(A) are described in subtitle C of title I of the 
        Developmental Disabilities Assistance and Bill of Rights Act of 
        2000 (42 U.S.C. 15041 et seq.), the Protection and Advocacy for 
        Individuals with Mental Illness Act (42 U.S.C. 10801 et seq.), 
        or section 509 of the Rehabilitation Act of 1973 (29 U.S.C. 
        794e); and
            ``(B) assist individuals with disabilities with respect to 
        assistive technology devices and assistive technology services.
        ``(13) Secretary.--The term `Secretary' means the Secretary of 
    Education.
        ``(14) State.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the term `State' means each of the 50 States of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the United States Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands.
            ``(B) Outlying areas.--In section 4(b):
                ``(i) Outlying area.--The term `outlying area' means 
            the United States Virgin Islands, Guam, American Samoa, and 
            the Commonwealth of the Northern Mariana Islands.
                ``(ii) State.--The term `State' does not include the 
            United States Virgin Islands, Guam, American Samoa, and the 
            Commonwealth of the Northern Mariana Islands.
        ``(15) State assistive technology program.--The term `State 
    assistive technology program' means a program authorized under 
    section 4.
        ``(16) Targeted individuals and entities.--The term `targeted 
    individuals and entities' means--
            ``(A) individuals with disabilities of all ages and their 
        family members, guardians, advocates, and authorized 
        representatives;
            ``(B) underrepresented populations, including the aging 
        workforce;
            ``(C) individuals who work for public or private entities 
        (including centers for independent living described in part C 
        of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f 
        et seq.), insurers, or managed care providers) that have 
        contact, or provide services to, with individuals with 
        disabilities;
            ``(D) educators at all levels (including providers of early 
        intervention services, elementary schools, secondary schools, 
        community colleges, and vocational and other institutions of 
        higher education) and related services personnel;
            ``(E) technology experts (including web designers and 
        procurement officials);
            ``(F) health, allied health, and rehabilitation 
        professionals and hospital employees (including discharge 
        planners);
            ``(G) employers, especially small business employers, and 
        providers of employment and training services;
            ``(H) entities that manufacture or sell assistive 
        technology devices;
            ``(I) entities that carry out community programs designed 
        to develop essential community services in rural and urban 
        areas; and
            ``(J) other appropriate individuals and entities, as 
        determined for a State by the State.
        ``(17) Technology-related assistance.--The term `technology-
    related assistance' means assistance provided through capacity 
    building and advocacy activities that accomplish the purposes 
    described in section 2(b).
        ``(18) Underrepresented population.--The term `underrepresented 
    population' means a population that is typically underrepresented 
    in service provision, and includes populations such as persons who 
    have low-incidence disabilities, persons who are minorities, poor 
    persons, persons with limited English proficiency, older 
    individuals, or persons from rural areas.
        ``(19) Universal design.--The term `universal design' means a 
    concept or philosophy for designing and delivering products and 
    services that are usable by people with the widest possible range 
    of functional capabilities, which include products and services 
    that are directly accessible (without requiring assistive 
    technologies) and products and services that are interoperable with 
    assistive technologies.

``SEC. 4. STATE GRANTS FOR ASSISTIVE TECHNOLOGY.

    ``(a) Grants to States.--The Secretary shall award grants under 
subsection (b) to States to maintain comprehensive statewide programs 
of technology-related assistance to support programs that are designed 
to maximize the ability of individuals with disabilities across the 
human lifespan and across the wide array of disabilities, and their 
family members, guardians, advocates, and authorized representatives, 
to obtain assistive technology, and that are designed to increase 
access to assistive technology.
    ``(b) Amount of Financial Assistance.--
        ``(1) In general.--From funds made available to carry out this 
    section, the Secretary shall award a grant to each eligible State 
    and eligible outlying area from an allotment determined in 
    accordance with paragraph (2).
        ``(2) Calculation of state grants.--
            ``(A) Base year.--Except as provided in subparagraphs (B) 
        and (C), the Secretary shall allot to each State and outlying 
        area for a fiscal year an amount that is not less than the 
        amount the State or outlying area received under the grants 
        provided under section 101 of this Act (as in effect on the day 
        before the date of enactment of the Assistive Technology Act of 
        2004) for fiscal year 2004.
            ``(B) Ratable reduction.--
                ``(i) In general.--If funds made available to carry out 
            this section for any fiscal year are insufficient to make 
            the allotments required for each State and outlying area 
            under subparagraph (A) for such fiscal year, the Secretary 
            shall ratably reduce the allotments for such fiscal year.
                ``(ii) Additional funds.--If, after the Secretary makes 
            the reductions described in clause (i), additional funds 
            become available to carry out this section for the fiscal 
            year, the Secretary shall ratably increase the allotments, 
            until the Secretary has allotted the entire base year 
            amount.
            ``(C) Higher appropriation years.--Except as provided in 
        subparagraph (D), for a fiscal year for which the amount of 
        funds made available to carry out this section is greater than 
        the base year amount, the Secretary shall--
                ``(i) make the allotments described in subparagraph 
            (A);
                ``(ii) from a portion of the remainder of the funds 
            after the Secretary makes the allotments described in 
            clause (i), the Secretary shall--

                    ``(I) from 50 percent of the portion, allot to each 
                State or outlying area an equal amount; and
                    ``(II) from 50 percent of the portion, allot to 
                each State or outlying area an amount that bears the 
                same relationship to such 50 percent as the population 
                of the State or outlying area bears to the population 
                of all States and outlying areas,

            until each State has received an allotment of not less than 
            $410,000 and each outlying area has received an allotment 
            of $125,000 under clause (i) and this clause;
                ``(iii) from the remainder of the funds after the 
            Secretary makes the allotments described in clause (ii), 
            the Secretary shall--

                    ``(I) from 80 percent of the remainder allot to 
                each State an amount that bears the same relationship 
                to such 80 percent as the population of the State bears 
                to the population of all States; and
                    ``(II) from 20 percent of the remainder, allot to 
                each State an equal amount.

            ``(D) Special rule for fiscal year 2005.--Notwithstanding 
        subparagraph (C), if the amount of funds made available to 
        carry out this section for fiscal year 2005 is greater than the 
        base year amount, the Secretary may award grants on a 
        competitive basis for periods of 1 year to States or outlying 
        areas in accordance with the requirements of title III of this 
        Act (as in effect on the day before the date of enactment of 
        the Assistive Technology Act of 2004) to develop, support, 
        expand, or administer an alternative financing program.
            ``(E) Base year amount.--In this paragraph, the term `base 
        year amount' means the total amount received by all States and 
        outlying areas under the grants described in subparagraph (A) 
        for fiscal year 2004.
    ``(c) Lead Agency, Implementing Entity, and Advisory Council.--
        ``(1) Lead agency and implementing entity.--
            ``(A) Lead agency.--
                ``(i) In general.--The Governor of a State shall 
            designate a public agency as a lead agency--

                    ``(I) to control and administer the funds made 
                available through the grant awarded to the State under 
                this section; and
                    ``(II) to submit the application described in 
                subsection (d) on behalf of the State, to ensure 
                conformance with Federal and State accounting 
                requirements.

                ``(ii) Duties.--The duties of the lead agency shall 
            include--

                    ``(I) preparing the application described in 
                subsection (d) and carrying out State activities 
                described in that application, including making 
                programmatic and resource allocation decisions 
                necessary to implement the comprehensive statewide 
                program of technology-related assistance;
                    ``(II) coordinating the activities of the 
                comprehensive statewide program of technology-related 
                assistance among public and private entities, including 
                coordinating efforts related to entering into 
                interagency agreements, and maintaining and evaluating 
                the program; and
                    ``(III) coordinating efforts related to the active, 
                timely, and meaningful participation by individuals 
                with disabilities and their family members, guardians, 
                advocates, or authorized representatives, and other 
                appropriate individuals, with respect to activities 
                carried out through the grant.

            ``(B) Implementing entity.--The Governor may designate an 
        agency, office, or other entity to carry out State activities 
        under this section (referred to in this section as the 
        `implementing entity'), if such implementing entity is 
        different from the lead agency. The implementing agency shall 
        carry out responsibilities under this Act through a subcontract 
        or another administrative agreement with the lead agency.
            ``(C) Change in agency or entity.--
                ``(i) In general.--On obtaining the approval of the 
            Secretary, the Governor may redesignate the lead agency, or 
            the implementing entity, if the Governor shows to the 
            Secretary good cause why the entity designated as the lead 
            agency, or the implementing entity, respectively, should 
            not serve as that agency or entity, respectively. The 
            Governor shall make the showing in the application 
            described in subsection (d).
                ``(ii) Construction.--Nothing in this paragraph shall 
            be construed to require the Governor of a State to change 
            the lead agency or implementing entity of the State to an 
            agency other than the lead agency or implementing entity of 
            such State as of the date of enactment of the Assistive 
            Technology Act of 2004.
        ``(2) Advisory council.--
            ``(A) In general.--There shall be established an advisory 
        council to provide consumer-responsive, consumer-driven advice 
        to the State for, planning of, implementation of, and 
        evaluation of the activities carried out through the grant, 
        including setting the measurable goals described in subsection 
        (d)(3).
            ``(B) Composition and representation.--
                ``(i) Composition.--The advisory council shall be 
            composed of--

                    ``(I) individuals with disabilities that use 
                assistive technology or the family members or guardians 
                of the individuals;
                    ``(II) a representative of the designated State 
                agency, as defined in section 7 of the Rehabilitation 
                Act of 1973 (29 U.S.C. 705) and the State agency for 
                individuals who are blind (within the meaning of 
                section 101 of that Act (29 U.S.C. 721)), if such 
                agency is separate;
                    ``(III) a representative of a State center for 
                independent living described in part C of title VII of 
                the Rehabilitation Act of 1973 (29 U.S.C. 796f et 
                seq.);
                    ``(IV) a representative of the State workforce 
                investment board established under section 111 of the 
                Workforce Investment Act of 1998 (29 U.S.C. 2821);
                    ``(V) a representative of the State educational 
                agency, as defined in section 9101 of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 7801); 
                and
                    ``(VI) representatives of other State agencies, 
                public agencies, or private organizations, as 
                determined by the State.

                ``(ii) Majority.--

                    ``(I) In general.--A majority, not less than 51 
                percent, of the members of the advisory council, shall 
                be members appointed under clause (i)(I).
                    ``(II) Representatives of agencies.--Members 
                appointed under subclauses (II) through (VI) of clause 
                (i) shall not count toward the majority membership 
                requirement established in subclause (I).

                ``(iii) Representation.--The advisory council shall be 
            geographically representative of the State and reflect the 
            diversity of the State with respect to race, ethnicity, 
            types of disabilities across the age span, and users of 
            types of services that an individual with a disability may 
            receive.
            ``(C) Expenses.--The members of the advisory council shall 
        receive no compensation for their service on the advisory 
        council, but shall be reimbursed for reasonable and necessary 
        expenses actually incurred in the performance of official 
        duties for the advisory council.
            ``(D) Period.--The members of the State advisory council 
        shall be appointed not later than 120 days after the date of 
        enactment of the Assistive Technology Act of 2004.
            ``(E) Impact on existing statutes, rules, or policies.--
        Nothing in this paragraph shall be construed to affect State 
        statutes, rules, or official policies relating to advisory 
        bodies for State assistive technology programs or require 
        changes to governing bodies of incorporated agencies who carry 
        out State assistive technology programs.
    ``(d) Application.--
        ``(1) In general.--Any State that desires to receive a grant 
    under this section shall submit an application to the Secretary, at 
    such time, in such manner, and containing such information as the 
    Secretary may require.
        ``(2) Lead agency and implementing entity.--The application 
    shall contain information identifying and describing the lead 
    agency referred to in subsection (c)(1)(A). The application shall 
    contain information identifying and describing the implementing 
    entity referred to in subsection (c)(1)(B), if the Governor of the 
    State designates such an entity.
        ``(3) Measurable goals.--The application shall include--
            ``(A) measurable goals, and a timeline for meeting the 
        goals, that the State has set for addressing the assistive 
        technology needs of individuals with disabilities in the State 
        related to--
                ``(i) education, including goals involving the 
            provision of assistive technology to individuals with 
            disabilities who receive services under the Individuals 
            with Disabilities Education Act (20 U.S.C. 1400 et seq.);
                ``(ii) employment, including goals involving the State 
            vocational rehabilitation program carried out under title I 
            of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.);
                ``(iii) telecommunication and information technology; 
            and
                ``(iv) community living; and
            ``(B) information describing how the State will 
        quantifiably measure the goals to determine whether the goals 
        have been achieved.
        ``(4) Involvement of public and private entities.--The 
    application shall describe how various public and private entities 
    were involved in the development of the application and will be 
    involved in the implementation of the activities to be carried out 
    through the grant, including--
            ``(A) in cases determined to be appropriate by the State, a 
        description of the nature and extent of resources that will be 
        committed by public and private collaborators to assist in 
        accomplishing identified goals; and
            ``(B) a description of the mechanisms established to ensure 
        coordination of activities and collaboration between the 
        implementing entity, if any, and the State.
        ``(5) Implementation.--The application shall include a 
    description of--
            ``(A) how the State will implement each of the required 
        activities described in subsection (e), except as provided in 
        subsection (e)(6)(A); and
            ``(B) how the State will allocate and utilize grant funds 
        to implement the activities, including describing proposed 
        budget allocations and planned procedures for tracking 
        expenditures for activities described in paragraphs (2) and (3) 
        of subsection (e).
        ``(6) Assurances.--The application shall include assurances 
    that--
            ``(A) the State will annually collect data related to the 
        required activities implemented by the State under this section 
        in order to prepare the progress reports required under 
        subsection (f);
            ``(B) funds received through the grant--
                ``(i) will be expended in accordance with this section; 
            and
                ``(ii) will be used to supplement, and not supplant, 
            funds available from other sources for technology-related 
            assistance, including the provision of assistive technology 
            devices and assistive technology services;
            ``(C) the lead agency will control and administer the funds 
        received through the grant;
            ``(D) the State will adopt such fiscal control and 
        accounting procedures as may be necessary to ensure proper 
        disbursement of and accounting for the funds received through 
        the grant;
            ``(E) the physical facility of the lead agency and 
        implementing entity, if any, meets the requirements of the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.) regarding accessibility for individuals with 
        disabilities;
            ``(F) a public agency or an individual with a disability 
        holds title to any property purchased with funds received under 
        the grant and administers that property;
            ``(G) activities carried out in the State that are 
        authorized under this Act, and supported by Federal funds 
        received under this Act, will comply with the standards 
        established by the Architectural and Transportation Barriers 
        Compliance Board under section 508 of the Rehabilitation Act of 
        1973 (20 U.S.C. 794d); and
            ``(H) the State will--
                ``(i) prepare reports to the Secretary in such form and 
            containing such information as the Secretary may require to 
            carry out the Secretary's functions under this Act; and
                ``(ii) keep such records and allow access to such 
            records as the Secretary may require to ensure the 
            correctness and verification of information provided to the 
            Secretary under this subparagraph.
        ``(7) State support.--The application shall include a 
    description of the activities described in paragraphs (2) and (3) 
    of subsection (e) that the State will support with State funds.
    ``(e) Use of Funds.--
        ``(1) In general.--
            ``(A) Required activities.--Except as provided in 
        subparagraph (B) and paragraph (6), any State that receives a 
        grant under this section shall use a portion of the funds made 
        available through the grant to carry out activities described 
        in paragraphs (2) and (3).
            ``(B) State or non-federal financial support.--A State 
        shall not be required to use a portion of the funds made 
        available through the grant to carry out the category of 
        activities described in subparagraph (A), (B), (C), or (D) of 
        paragraph (2) if, in that State--
                ``(i) financial support is provided from State or other 
            non-Federal resources or entities for that category of 
            activities; and
                ``(ii) the amount of the financial support is 
            comparable to, or greater than, the amount of the portion 
            of the funds made available through the grant that the 
            State would have expended for that category of activities, 
            in the absence of this subparagraph.
        ``(2) State-level activities.--
            ``(A) State financing activities.--The State shall support 
        State financing activities to increase access to, and funding 
        for, assistive technology devices and assistive technology 
        services (which shall not include direct payment for such a 
        device or service for an individual with a disability but may 
        include support and administration of a program to provide such 
        payment), including development of systems to provide and pay 
        for such devices and services, for targeted individuals and 
        entities described in section 3(16)(A), including--
                ``(i) support for the development of systems for the 
            purchase, lease, or other acquisition of, or payment for, 
            assistive technology devices and assistive technology 
            services; or
                ``(ii) support for the development of State-financed or 
            privately financed alternative financing systems of 
            subsidies (which may include conducting an initial 1-year 
            feasibility study of, improving, administering, operating, 
            providing capital for, or collaborating with an entity with 
            respect to, such a system) for the provision of assistive 
            technology devices, such as--

                    ``(I) a low-interest loan fund;
                    ``(II) an interest buy-down program;
                    ``(III) a revolving loan fund;
                    ``(IV) a loan guarantee or insurance program;
                    ``(V) a program providing for the purchase, lease, 
                or other acquisition of assistive technology devices or 
                assistive technology services; or
                    ``(VI) another mechanism that is approved by the 
                Secretary.

            ``(B) Device reutilization programs.--The State shall 
        directly, or in collaboration with public or private entities, 
        carry out assistive technology device reutilization programs 
        that provide for the exchange, repair, recycling, or other 
        reutilization of assistive technology devices, which may 
        include redistribution through device sales, loans, rentals, or 
        donations.
            ``(C) Device loan programs.--The State shall directly, or 
        in collaboration with public or private entities, carry out 
        device loan programs that provide short-term loans of assistive 
        technology devices to individuals, employers, public agencies, 
        or others seeking to meet the needs of targeted individuals and 
        entities, including others seeking to comply with the 
        Individuals with Disabilities Education Act (20 U.S.C. 1400 et 
        seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.), and section 504 of the Rehabilitation Act of 
        1973 (29 U.S.C. 794).
            ``(D) Device demonstrations.--
                ``(i) In general.--The State shall directly, or in 
            collaboration with public and private entities, such as 
            one-stop partners, as defined in section 101 of the 
            Workforce Investment Act of 1998 (29 U.S.C. 2801), 
            demonstrate a variety of assistive technology devices and 
            assistive technology services (including assisting 
            individuals in making informed choices regarding, and 
            providing experiences with, the devices and services), 
            using personnel who are familiar with such devices and 
            services and their applications.
                ``(ii) Comprehensive information.--The State shall 
            directly, or through referrals, provide to individuals, to 
            the extent practicable, comprehensive information about 
            State and local assistive technology venders, providers, 
            and repair services.
        ``(3) State leadership activities.--
            ``(A) In general.--A State that receives a grant under this 
        section shall use a portion of not more than 40 percent of the 
        funds made available through the grant to carry out the 
        activities described in subparagraph (B). From that portion, 
        the State shall use at least 5 percent of the portion for 
        activities described in subparagraph (B)(i)(III).
            ``(B) Required activities.--
                ``(i) Training and technical assistance.--

                    ``(I) In general.--The State shall directly, or 
                provide support to public or private entities with 
                demonstrated expertise in collaborating with public or 
                private agencies that serve individuals with 
                disabilities, to develop and disseminate training 
                materials, conduct training, and provide technical 
                assistance, for individuals from local settings 
                statewide, including representatives of State and local 
                educational agencies, other State and local agencies, 
                early intervention programs, adult service programs, 
                hospitals and other health care facilities, 
                institutions of higher education, and businesses.
                    ``(II) Authorized activities.--In carrying out 
                activities under subclause (I), the State shall carry 
                out activities that enhance the knowledge, skills, and 
                competencies of individuals from local settings 
                described in subclause (I), which may include--

                        ``(aa) general awareness training on the 
                    benefits of assistive technology and the Federal, 
                    State, and private funding sources available to 
                    assist targeted individuals and entities in 
                    acquiring assistive technology;
                        ``(bb) skills-development training in assessing 
                    the need for assistive technology devices and 
                    assistive technology services;
                        ``(cc) training to ensure the appropriate 
                    application and use of assistive technology 
                    devices, assistive technology services, and 
                    accessible technology for e-government functions;
                        ``(dd) training in the importance of multiple 
                    approaches to assessment and implementation 
                    necessary to meet the individualized needs of 
                    individuals with disabilities; and
                        ``(ee) technical training on integrating 
                    assistive technology into the development and 
                    implementation of service plans, including any 
                    education, health, discharge, Olmstead, employment, 
                    or other plan required under Federal or State law.

                    ``(III) Transition assistance to individuals with 
                disabilities.--The State shall directly, or provide 
                support to public or private entities to, develop and 
                disseminate training materials, conduct training, 
                facilitate access to assistive technology, and provide 
                technical assistance, to assist--

                        ``(aa) students with disabilities, within the 
                    meaning of the Individuals with Disabilities 
                    Education Act (20 U.S.C. 1400 et seq.), that 
                    receive transition services; and
                        ``(bb) adults who are individuals with 
                    disabilities maintaining or transitioning to 
                    community living.
                ``(ii) Public-awareness activities.--

                    ``(I) In general.--The State shall conduct public-
                awareness activities designed to provide information to 
                targeted individuals and entities relating to the 
                availability, benefits, appropriateness, and costs of 
                assistive technology devices and assistive technology 
                services, including--

                        ``(aa) the development of procedures for 
                    providing direct communication between providers of 
                    assistive technology and targeted individuals and 
                    entities, which may include partnerships with 
                    entities in the statewide and local workforce 
                    investment systems established under the Workforce 
                    Investment Act of 1998 (29 U.S.C. 2801 et seq.), 
                    State vocational rehabilitation centers, public and 
                    private employers, or elementary and secondary 
                    public schools;
                        ``(bb) the development and dissemination, to 
                    targeted individuals and entities, of information 
                    about State efforts related to assistive 
                    technology; and
                        ``(cc) the distribution of materials to 
                    appropriate public and private agencies that 
                    provide social, medical, educational, employment, 
                    and transportation services to individuals with 
                    disabilities.

                    ``(II) Collaboration.--The State shall collaborate 
                with entities that receive awards under paragraphs (1) 
                and (3) of section 6(b) to carry out public-awareness 
                activities focusing on infants, toddlers, children, 
                transition-age youth, employment-age adults, seniors, 
                and employers.
                    ``(III) Statewide information and referral 
                system.--

                        ``(aa) In general.--The State shall directly, 
                    or in collaboration with public or private (such as 
                    nonprofit) entities, provide for the continuation 
                    and enhancement of a statewide information and 
                    referral system designed to meet the needs of 
                    targeted individuals and entities.
                        ``(bb) Content.--The system shall deliver 
                    information on assistive technology devices, 
                    assistive technology services (with specific data 
                    regarding provider availability within the State), 
                    and the availability of resources, including 
                    funding through public and private sources, to 
                    obtain assistive technology devices and assistive 
                    technology services. The system shall also deliver 
                    information on the benefits of assistive technology 
                    devices and assistive technology services with 
                    respect to enhancing the capacity of individuals 
                    with disabilities of all ages to perform activities 
                    of daily living.
                ``(iii) Coordination and collaboration.--The State 
            shall coordinate activities described in paragraph (2) and 
            this paragraph, among public and private entities that are 
            responsible for policies, procedures, or funding for the 
            provision of assistive technology devices and assistive 
            technology services to individuals with disabilities, 
            service providers, and others to improve access to 
            assistive technology devices and assistive technology 
            services for individuals with disabilities of all ages in 
            the State.
        ``(4) Indirect costs.--Not more than 10 percent of the funds 
    made available through a grant to a State under this section may be 
    used for indirect costs.
        ``(5) Prohibition.--Funds made available through a grant to a 
    State under this section shall not be used for direct payment for 
    an assistive technology device for an individual with a disability.
        ``(6) State flexibility.--
            ``(A) In general.--Notwithstanding paragraph (1)(A) and 
        subject to subparagraph (B), a State may use funds that the 
        State receives under a grant awarded under this section to 
        carry out any 2 or more of the activities described in 
        paragraph (2).
            ``(B) Special rule.--Notwithstanding paragraph (3)(A), any 
        State that exercises its authority under subparagraph (A)--
                ``(i) shall carry out each of the required activities 
            described in paragraph (3)(B); and
                ``(ii) shall use not more than 30 percent of the funds 
            made available through the grant to carry out the 
            activities described in paragraph (3)(B).
    ``(f) Annual Progress Reports.--
        ``(1) Data collection.--States shall participate in data 
    collection as required by law, including data collection required 
    for preparation of the reports described in paragraph (2).
        ``(2) Reports.--
            ``(A) In general.--Each State shall prepare and submit to 
        the Secretary an annual progress report on the activities 
        funded under this Act, at such time, and in such manner, as the 
        Secretary may require.
            ``(B) Contents.--The report shall include data collected 
        pursuant to this section. The report shall document, with 
        respect to activities carried out under this section in the 
        State--
                ``(i) the type of State financing activities described 
            in subsection (e)(2)(A) used by the State;
                ``(ii) the amount and type of assistance given to 
            consumers of the State financing activities described in 
            subsection (e)(2)(A) (who shall be classified by type of 
            assistive technology device or assistive technology service 
            financed through the State financing activities, and 
            geographic distribution within the State), including--

                    ``(I) the number of applications for assistance 
                received;
                    ``(II) the number of applications approved and 
                rejected;
                    ``(III) the default rate for the financing 
                activities;
                    ``(IV) the range and average interest rate for the 
                financing activities;
                    ``(V) the range and average income of approved 
                applicants for the financing activities; and
                    ``(VI) the types and dollar amounts of assistive 
                technology financed;

                ``(iii) the number, type, and length of time of loans 
            of assistive technology devices provided to individuals 
            with disabilities, employers, public agencies, or public 
            accommodations through the device loan program described in 
            subsection (e)(2)(C), and an analysis of the individuals 
            with disabilities who have benefited from the device loan 
            program;
                ``(iv) the number, type, estimated value, and scope of 
            assistive technology devices exchanged, repaired, recycled, 
            or reutilized (including redistributed through device 
            sales, loans, rentals, or donations) through the device 
            reutilization program described in subsection (e)(2)(B), 
            and an analysis of the individuals with disabilities that 
            have benefited from the device reutilization program;
                ``(v) the number and type of device demonstrations and 
            referrals provided under subsection (e)(2)(D), and an 
            analysis of individuals with disabilities who have 
            benefited from the demonstrations and referrals;
                ``(vi)(I) the number and general characteristics of 
            individuals who participated in training under subsection 
            (e)(3)(B)(i) (such as individuals with disabilities, 
            parents, educators, employers, providers of employment 
            services, health care workers, counselors, other service 
            providers, or vendors) and the topics of such training; and
                ``(II) to the extent practicable, the geographic 
            distribution of individuals who participated in the 
            training;
                ``(vii) the frequency of provision and nature of 
            technical assistance provided to State and local agencies 
            and other entities;
                ``(viii) the number of individuals assisted through the 
            public-awareness activities and statewide information and 
            referral system described in subsection (e)(3)(B)(ii);
                ``(ix) the outcomes of any improvement initiatives 
            carried out by the State as a result of activities funded 
            under this section, including a description of any written 
            policies, practices, and procedures that the State has 
            developed and implemented regarding access to, provision 
            of, and funding for, assistive technology devices, and 
            assistive technology services, in the contexts of 
            education, health care, employment, community living, and 
            information technology and telecommunications, including e-
            government;
                ``(x) the source of leveraged funding or other 
            contributed resources, including resources provided through 
            subcontracts or other collaborative resource-sharing 
            agreements, from and with public and private entities to 
            carry out State activities described in subsection 
            (e)(3)(B)(iii), the number of individuals served with the 
            contributed resources for which information is not reported 
            under clauses (i) through (ix) or clause (xi) or (xii), and 
            other outcomes accomplished as a result of such activities 
            carried out with the contributed resources; and
                ``(xi) the level of customer satisfaction with the 
            services provided.

``SEC. 5. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES RELATED TO 
              ASSISTIVE TECHNOLOGY.

    ``(a) Grants.--
        ``(1) In general.--The Secretary shall make grants under 
    subsection (b) to protection and advocacy systems in each State for 
    the purpose of enabling such systems to assist in the acquisition, 
    utilization, or maintenance of assistive technology devices or 
    assistive technology services for individuals with disabilities.
        ``(2) General authorities.--In providing such assistance, 
    protection and advocacy systems shall have the same general 
    authorities as the systems are afforded under subtitle C of title I 
    of the Developmental Disabilities Assistance and Bill of Rights Act 
    of 2000 (42 U.S.C. 15041 et seq.), as determined by the Secretary.
    ``(b) Grants.--
        ``(1) Reservation.--For each fiscal year, the Secretary shall 
    reserve such sums as may be necessary to carry out paragraph (4).
        ``(2) Population basis.--From the funds appropriated under 
    section 8(b) for a fiscal year and remaining after the reservation 
    required by paragraph (1) has been made, the Secretary shall make a 
    grant to a protection and advocacy system within each State in an 
    amount bearing the same ratio to the remaining funds as the 
    population of the State bears to the population of all States.
        ``(3) Minimums.--Subject to the availability of appropriations, 
    the amount of a grant to a protection and advocacy system under 
    paragraph (2) for a fiscal year shall--
            ``(A) in the case of a protection and advocacy system 
        located in American Samoa, Guam, the United States Virgin 
        Islands, or the Commonwealth of the Northern Mariana Islands, 
        not be less than $30,000; and
            ``(B) in the case of a protection and advocacy system 
        located in a State not described in subparagraph (A), not be 
        less than $50,000.
        ``(4) Payment to the system serving the american indian 
    consortium.--
            ``(A) In general.--The Secretary shall make grants to the 
        protection and advocacy system serving the American Indian 
        Consortium to provide services in accordance with this section.
            ``(B) Amount of grants.--The amount of such grants shall be 
        the same as the amount provided under paragraph (3)(A).
    ``(c) Direct Payment.--Notwithstanding any other provision of law, 
the Secretary shall pay directly to any protection and advocacy system 
that complies with this section, the total amount of the grant made for 
such system under this section, unless the system provides otherwise 
for payment of the grant amount.
    ``(d) Certain States.--
        ``(1) Grant to lead agency.--Notwithstanding any other 
    provision of this section, with respect to a State that, on 
    November 12, 1998, was described in section 102(f)(1) of the 
    Technology-Related Assistance for Individuals With Disabilities Act 
    of 1988, the Secretary shall pay the amount of the grant described 
    in subsection (a), and made under subsection (b), to the lead 
    agency designated under section 4(c)(1) for the State.
        ``(2) Distribution of funds.--A lead agency to which a grant 
    amount is paid under paragraph (1) shall determine the manner in 
    which funds made available through the grant will be allocated 
    among the entities that were providing protection and advocacy 
    services in that State on the date described in such paragraph, and 
    shall distribute funds to such entities. In distributing such 
    funds, the lead agency shall not establish any additional 
    eligibility or procedural requirements for an entity in the State 
    that supports protection and advocacy services through a protection 
    and advocacy system. Such an entity shall comply with the same 
    requirements (including reporting and enforcement requirements) as 
    any other entity that receives funding under this section.
        ``(3) Application of provisions.--Except as provided in this 
    subsection, the provisions of this section shall apply to the grant 
    in the same manner, and to the same extent, as the provisions apply 
    to a grant to a system.
    ``(e) Carryover.--Any amount paid to an eligible system for a 
fiscal year under this section that remains unobligated at the end of 
such fiscal year shall remain available to such system for obligation 
during the subsequent fiscal year. Program income generated from such 
amount shall remain available for 2 additional fiscal years after the 
year in which such amount was paid to an eligible system and may only 
be used to improve the awareness of individuals with disabilities about 
the accessibility of assistive technology and assist such individuals 
in the acquisition, utilization, or maintenance of assistive technology 
devices or assistive technology services.
    ``(f) Report to Secretary.--An entity that receives a grant under 
this section shall annually prepare and submit to the Secretary a 
report that contains such information as the Secretary may require, 
including documentation of the progress of the entity in--
        ``(1) conducting consumer-responsive activities, including 
    activities that will lead to increased access, for individuals with 
    disabilities, to funding for assistive technology devices and 
    assistive technology services;
        ``(2) engaging in informal advocacy to assist in securing 
    assistive technology devices and assistive technology services for 
    individuals with disabilities;
        ``(3) engaging in formal representation for individuals with 
    disabilities to secure systems change, and in advocacy activities 
    to secure assistive technology devices and assistive technology 
    services for individuals with disabilities;
        ``(4) developing and implementing strategies to enhance the 
    long-term abilities of individuals with disabilities and their 
    family members, guardians, advocates, and authorized 
    representatives to advocate the provision of assistive technology 
    devices and assistive technology services to which the individuals 
    with disabilities are entitled under law other than this Act;
        ``(5) coordinating activities with protection and advocacy 
    services funded through sources other than this Act, and 
    coordinating activities with the capacity building and advocacy 
    activities carried out by the lead agency; and
        ``(6) effectively allocating funds made available under this 
    section to improve the awareness of individuals with disabilities 
    about the accessibility of assistive technology and assist such 
    individuals in the acquisition, utilization, or maintenance of 
    assistive technology devices or assistive technology services.
    ``(g) Reports and Updates to State Agencies.--An entity that 
receives a grant under this section shall prepare and submit to the 
lead agency of the State designated under section 4(c)(1) the report 
described in subsection (f) and quarterly updates concerning the 
activities described in subsection (f).
    ``(h) Coordination.--On making a grant under this section to an 
entity in a State, the Secretary shall solicit and consider the 
opinions of the lead agency of the State with respect to efforts at 
coordination of activities, collaboration, and promoting outcomes 
between the lead agency and the entity that receives the grant under 
this section.

``SEC. 6. NATIONAL ACTIVITIES.

    ``(a) In General.--In order to support activities designed to 
improve the administration of this Act, the Secretary, under subsection 
(b)--
        ``(1) may award, on a competitive basis, grants, contracts, and 
    cooperative agreements to entities to support activities described 
    in paragraphs (1) and (2) of subsection (b); and
        ``(2) shall award, on a competitive basis, grants, contracts, 
    and cooperative agreements to entities to support activities 
    described in paragraphs (3), (4), and (5) of subsection (b).
    ``(b) Authorized Activities.--
        ``(1) National public-awareness toolkit.--
            ``(A) National public-awareness toolkit.--The Secretary may 
        award a 1-time grant, contract, or cooperative agreement to an 
        eligible entity to support a training and technical assistance 
        program that--
                ``(i) expands public-awareness efforts to reach 
            targeted individuals and entities;
                ``(ii) contains appropriate accessible multimedia 
            materials to reach targeted individuals and entities, for 
            dissemination to State assistive technology programs; and
                ``(iii) in coordination with State assistive technology 
            programs, provides meaningful and up-to-date information to 
            targeted individuals and entities about the availability of 
            assistive technology devices and assistive technology 
            services.
            ``(B) Eligible entity.--To be eligible to receive the 
        grant, contract, or cooperative agreement, an entity shall 
        develop a partnership that--
                ``(i) shall consist of--

                    ``(I) a lead agency or implementing entity for a 
                State assistive technology program or an organization 
                or association that represents implementing entities 
                for State assistive technology programs;
                    ``(II) a private or public entity from the media 
                industry;
                    ``(III) a private entity from the assistive 
                technology industry; and
                    ``(IV) a private employer or an organization or 
                association that represents private employers;

                ``(ii) may include other entities determined by the 
            Secretary to be necessary; and
                ``(iii) may include other entities determined by the 
            applicant to be appropriate.
        ``(2) Research and development.--
            ``(A) In general.--The Secretary may award grants, 
        contracts, or cooperative agreements to eligible entities to 
        carry out research and development of assistive technology that 
        consists of--
                ``(i) developing standards for reliability and 
            accessibility of assistive technology, and standards for 
            interoperability (including open standards) of assistive 
            technology with information technology, telecommunications 
            products, and other assistive technology; or
                ``(ii) developing assistive technology that benefits 
            individuals with disabilities or developing technologies or 
            practices that result in the adaptation, maintenance, 
            servicing, or improvement of assistive technology devices.
            ``(B) Eligible entities.--Entities eligible to receive a 
        grant, contract, or cooperative agreement under this paragraph 
        shall include--
                ``(i) providers of assistive technology services and 
            assistive technology devices;
                ``(ii) institutions of higher education, including 
            University Centers for Excellence in Developmental 
            Disabilities Education, Research, and Service authorized 
            under subtitle D of title I of the Developmental 
            Disabilities Assistance and Bill of Rights Act of 2000 (42 
            U.S.C. 15061 et seq.), or such institutions offering 
            rehabilitation engineering programs, computer science 
            programs, or information technology programs;
                ``(iii) manufacturers of assistive technology devices; 
            and
                ``(iv) professionals, individuals, organizations, and 
            agencies providing services or employment to individuals 
            with disabilities.
            ``(C) Collaboration.--An entity that receives a grant, 
        contract, or cooperative agreement under this paragraph shall, 
        in developing and implementing the project carried out through 
        the grant, contract, or cooperative agreement coordinate 
        activities with the lead agency for the State assistive 
        technology program (or a national organization that represents 
        such programs) and the State advisory council described in 
        section 4(c)(2) (or a national organization that represents 
        such councils).
        ``(3) State training and technical assistance.--
            ``(A) Training and technical assistance efforts.--The 
        Secretary shall award a grant, contract, or cooperative 
        agreement to an entity to support a training and technical 
        assistance program that--
                ``(i) addresses State-specific information requests 
            concerning assistive technology from entities funded under 
            this Act and public entities not funded under this Act, 
            including--

                    ``(I) requests for information on effective 
                approaches to Federal-State coordination of programs 
                for individuals with disabilities, related to improving 
                funding for or access to assistive technology devices 
                and assistive technology services for individuals with 
                disabilities of all ages;
                    ``(II) requests for state-of-the-art, or model, 
                Federal, State, and local laws, regulations, policies, 
                practices, procedures, and organizational structures, 
                that facilitate, and overcome barriers to, funding for, 
                and access to, assistive technology devices and 
                assistive technology services;
                    ``(III) requests for information on effective 
                approaches to developing, implementing, evaluating, and 
                sustaining activities described in sections 4 and 5 and 
                related to improving funding for or access to assistive 
                technology devices and assistive technology services 
                for individuals with disabilities of all ages, and 
                requests for assistance in developing corrective action 
                plans;
                    ``(IV) requests for examples of policies, 
                practices, procedures, regulations, or judicial 
                decisions that have enhanced or may enhance access to 
                funding for assistive technology devices and assistive 
                technology services for individuals with disabilities;
                    ``(V) requests for information on effective 
                approaches to the development of consumer-controlled 
                systems that increase access to, funding for, and 
                awareness of, assistive technology devices and 
                assistive technology services; and
                    ``(VI) other requests for training and technical 
                assistance from entities funded under this Act and 
                public and private entities not funded under this Act;

                ``(ii) assists targeted individuals and entities by 
            disseminating information about--

                    ``(I) Federal, State, and local laws, regulations, 
                policies, practices, procedures, and organizational 
                structures, that facilitate, and overcome barriers to, 
                funding for, and access to, assistive technology 
                devices and assistive technology services, to promote 
                fuller independence, productivity, and inclusion in 
                society for individuals with disabilities of all ages; 
                and
                    ``(II) technical assistance activities undertaken 
                under clause (i);

                ``(iii) provides State-specific, regional, and national 
            training and technical assistance concerning assistive 
            technology to entities funded under this Act, other 
            entities funded under this Act, and public and private 
            entities not funded under this Act, including--

                    ``(I) annually providing a forum for exchanging 
                information concerning, and promoting program and 
                policy improvements in, required activities of the 
                State assistive technology programs;
                    ``(II) facilitating onsite and electronic 
                information sharing using state-of-the-art Internet 
                technologies such as real-time online discussions, 
                multipoint video conferencing, and web-based audio/
                video broadcasts, on emerging topics that affect State 
                assistive technology programs;
                    ``(III) convening experts from State assistive 
                technology programs to discuss and make recommendations 
                with regard to national emerging issues of importance 
                to individuals with assistive technology needs;
                    ``(IV) sharing best practice and evidence-based 
                practices among State assistive technology programs;
                    ``(V) maintaining an accessible website that 
                includes a link to State assistive technology programs, 
                appropriate Federal departments and agencies, and 
                private associations and developing a national toll-
                free number that links callers from a State with the 
                State assistive technology program in their State;
                    ``(VI) developing or utilizing existing (as of the 
                date of the award involved) model cooperative volume-
                purchasing mechanisms designed to reduce the financial 
                costs of purchasing assistive technology for required 
                and discretionary activities identified in section 4, 
                and reducing duplication of activities among State 
                assistive technology programs; and
                    ``(VII) providing access to experts in the areas of 
                banking, microlending, and finance, for entities funded 
                under this Act, through site visits, teleconferences, 
                and other means, to ensure access to information for 
                entities that are carrying out new programs or programs 
                that are not making progress in achieving the 
                objectives of the programs; and

                ``(iv) includes such other activities as the Secretary 
            may require.
            ``(B) Eligible entities.--To be eligible to receive a 
        grant, contract, or cooperative agreement under this paragraph, 
        an entity shall have (directly or through grant or contract)--
                ``(i) experience and expertise in administering 
            programs, including developing, implementing, and 
            administering the required and discretionary activities 
            described in sections 4 and 5, and providing technical 
            assistance; and
                ``(ii) documented experience in and knowledge about 
            banking, finance, and microlending.
            ``(C) Collaboration.--In developing and providing training 
        and technical assistance under this paragraph, including 
        activities identified as priorities, a recipient of a grant, 
        contract, or cooperative agreement under this paragraph shall 
        collaborate with other organizations, in particular--
                ``(i) organizations representing individuals with 
            disabilities;
                ``(ii) national organizations representing State 
            assistive technology programs;
                ``(iii) organizations representing State officials and 
            agencies engaged in the delivery of assistive technology;
                ``(iv) the data-collection and reporting providers 
            described in paragraph (5); and
                ``(v) other providers of national programs or programs 
            of national significance funded under this Act.
        ``(4) National information internet system.--
            ``(A) In general.--The Secretary shall award a grant, 
        contract, or cooperative agreement to an entity to renovate, 
        update, and maintain the National Public Internet Site 
        established under this Act (as in effect on the day before the 
        date of enactment of the Assistive Technology Act of 2004).
            ``(B) Features of internet site.--The National Public 
        Internet Site shall contain the following features:
                ``(i) Availability of information at any time.--The 
            site shall be designed so that any member of the public may 
            obtain information posted on the site at any time.
                ``(ii) Innovative automated intelligent agent.--The 
            site shall be constructed with an innovative automated 
            intelligent agent that is a diagnostic tool for assisting 
            users in problem definition and the selection of 
            appropriate assistive technology devices and assistive 
            technology services resources.
                ``(iii) Resources.--

                    ``(I) Library on assistive technology.--The site 
                shall include access to a comprehensive working library 
                on assistive technology for all environments, including 
                home, workplace, transportation, and other 
                environments.
                    ``(II) Information on accommodating individuals 
                with disabilities.--The site shall include access to 
                evidence-based research and best practices concerning 
                how assistive technology can be used to accommodate 
                individuals with disabilities in the areas of 
                education, employment, health care, community living, 
                and telecommunications and information technology.
                    ``(III) Resources for a number of disabilities.--
                The site shall include resources relating to the 
                largest possible number of disabilities, including 
                resources relating to low-level reading skills.

                ``(iv) Links to private-sector resources and 
            information.--To the extent feasible, the site shall be 
            linked to relevant private-sector resources and 
            information, under agreements developed between the 
            recipient of the grant, contract, or cooperative agreement 
            and cooperating private-sector entities.
                ``(v) Links to public-sector resources and 
            information.--To the extent feasible, the site shall be 
            linked to relevant public-sector resources and information, 
            such as the Internet sites of the Office of Special 
            Education and Rehabilitation Services of the Department of 
            Education, the Office of Disability Employment Policy of 
            the Department of Labor, the Small Business Administration, 
            the Architectural and Transportation Barriers Compliance 
            Board, the Technology Administration of the Department of 
            Commerce, the Jobs Accommodation Network funded by the 
            Office of Disability Employment Policy of the Department of 
            Labor, and other relevant sites.
                ``(vi) Minimum library components.--At a minimum, the 
            site shall maintain updated information on--

                    ``(I) State assistive technology program 
                demonstration sites where individuals may try out 
                assistive technology devices;
                    ``(II) State assistive technology program device 
                loan program sites where individuals may borrow 
                assistive technology devices;
                    ``(III) State assistive technology program device 
                reutilization program sites;
                    ``(IV) alternative financing programs or State 
                financing systems operated through, or independently 
                of, State assistive technology programs, and other 
                sources of funding for assistive technology devices; 
                and
                    ``(V) various programs, including programs with tax 
                credits, available to employers for hiring or 
                accommodating employees who are individuals with 
                disabilities.

            ``(C) Eligible entity.--To be eligible to receive a grant, 
        contract, or cooperative agreement under this paragraph, an 
        entity shall be a nonprofit organization, for-profit 
        organization, or institution of higher education, that--
                ``(i) emphasizes research and engineering;
                ``(ii) has a multidisciplinary research center; and
                ``(iii) has demonstrated expertise in--

                    ``(I) working with assistive technology and 
                intelligent agent interactive information dissemination 
                systems;
                    ``(II) managing libraries of assistive technology 
                and disability-related resources;
                    ``(III) delivering to individuals with disabilities 
                education, information, and referral services, 
                including technology-based curriculum-development 
                services for adults with low-level reading skills;
                    ``(IV) developing cooperative partnerships with the 
                private sector, particularly with private-sector 
                computer software, hardware, and Internet services 
                entities; and
                    ``(V) developing and designing advanced Internet 
                sites.

        ``(5) Data-collection and reporting assistance.--
            ``(A) In general.--The Secretary shall award grants, 
        contracts, and cooperative agreements to entities to assist the 
        entities in carrying out State assistive technology programs in 
        developing and implementing effective data-collection and 
        reporting systems that--
                ``(i) focus on quantitative and qualitative data 
            elements;
                ``(ii) measure the outcomes of the required activities 
            described in section 4 that are implemented by the States 
            and the progress of the States toward achieving the 
            measurable goals described in section 4(d)(3);
                ``(iii) provide States with the necessary information 
            required under this Act or by the Secretary for reports 
            described in section 4(f)(2); and
                ``(iv) help measure the accrued benefits of the 
            activities to individuals who need assistive technology.
            ``(B) Eligible entities.--To be eligible to receive a 
        grant, contract, or cooperative agreement under this paragraph, 
        an entity shall have personnel with--
                ``(i) documented experience and expertise in 
            administering State assistive technology programs;
                ``(ii) experience in collecting and analyzing data 
            associated with implementing required and discretionary 
            activities;
                ``(iii) expertise necessary to identify additional data 
            elements needed to provide comprehensive reporting of State 
            activities and outcomes; and
                ``(iv) experience in utilizing data to provide annual 
            reports to State policymakers.
    ``(c) Application.--To be eligible to receive a grant, contract, or 
cooperative agreement under this section, an entity shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require.
    ``(d) Input.--With respect to the activities described in 
subsection (b) to be funded under this section, including the national 
and regionally based training and technical assistance efforts carried 
out through the activities, in designing the activities the Secretary 
shall consider, and in providing the activities providers shall 
include, input of the directors of comprehensive statewide programs of 
technology-related assistance, directors of alternative financing 
programs, and other individuals the Secretary determines to be 
appropriate, especially--
        ``(1) individuals with disabilities who use assistive 
    technology and understand the barriers to the acquisition of such 
    technology and assistive technology services;
        ``(2) family members, guardians, advocates, and authorized 
    representatives of such individuals;
        ``(3) individuals employed by protection and advocacy systems 
    funded under section 5;
        ``(4) relevant employees from Federal departments and agencies, 
    other than the Department of Education;
        ``(5) representatives of businesses; and
        ``(6) venders and public and private researchers and 
    developers.

``SEC. 7. ADMINISTRATIVE PROVISIONS.

    ``(a) General Administration.--
        ``(1) In general.--Notwithstanding any other provision of law, 
    the Assistant Secretary for Special Education and Rehabilitative 
    Services of the Department of Education, acting through the 
    Rehabilitation Services Administration, shall be responsible for 
    the administration of this Act.
        ``(2) Collaboration.--The Assistant Secretary for Special 
    Education and Rehabilitative Services shall consult with the Office 
    of Special Education Programs, the Rehabilitation Services 
    Administration, and the National Institute on Disability and 
    Rehabilitation Research in the Office of Special Education and 
    Rehabilitative Services, and appropriate Federal entities in the 
    administration of this Act.
        ``(3) Administration.--In administering this Act, the 
    Rehabilitation Services Administration shall ensure that programs 
    funded under this Act will address the needs of individuals with 
    disabilities of all ages, whether the individuals will use the 
    assistive technology to obtain or maintain employment, to obtain 
    education, or for other reasons.
        ``(4) Orderly transition.--
            ``(A) In general.--The Secretary shall take such steps as 
        the Secretary determines to be appropriate to provide for the 
        orderly transition to, and implementation of, programs 
        authorized by this Act, from programs authorized by the 
        Assistive Technology Act of 1998, as in effect on the day 
        before the date of enactment of the Assistive Technology Act of 
        2004.
            ``(B) Cessation of effectiveness.--Subparagraph (A) ceases 
        to be effective on the date that is 6 months after the date of 
        enactment of the Assistive Technology Act of 2004.
    ``(b) Review of Participating Entities.--
        ``(1) In general.--The Secretary shall assess the extent to 
    which entities that receive grants under this Act are complying 
    with the applicable requirements of this Act and achieving 
    measurable goals that are consistent with the requirements of the 
    grant programs under which the entities received the grants.
        ``(2) Provision of information.--To assist the Secretary in 
    carrying out the responsibilities of the Secretary under this 
    section, the Secretary may require States to provide relevant 
    information, including the information required under subsection 
    (d).
    ``(c) Corrective Action and Sanctions.--
        ``(1) Corrective action.--If the Secretary determines that an 
    entity that receives a grant under this Act fails to substantially 
    comply with the applicable requirements of this Act, or to make 
    substantial progress toward achieving the measurable goals 
    described in subsection (b)(1) with respect to the grant program, 
    the Secretary shall assist the entity, through technical assistance 
    funded under section 6 or other means, within 90 days after such 
    determination, to develop a corrective action plan.
        ``(2) Sanctions.--If the entity fails to develop and comply 
    with a corrective action plan described in paragraph (1) during a 
    fiscal year, the entity shall be subject to 1 of the following 
    corrective actions selected by the Secretary:
            ``(A) Partial or complete termination of funding under the 
        grant program, until the entity develops and complies with such 
        a plan.
            ``(B) Ineligibility to participate in the grant program in 
        the following year.
            ``(C) Reduction in the amount of funding that may be used 
        for indirect costs under section 4 for the following year.
            ``(D) Required redesignation of the lead agency designated 
        under section 4(c)(1) or an entity responsible for 
        administering the grant program.
        ``(3) Appeals procedures.--The Secretary shall establish 
    appeals procedures for entities that are determined to be in 
    noncompliance with the applicable requirements of this Act, or have 
    not made substantial progress toward achieving the measurable goals 
    described in subsection (b)(1).
        ``(4) Secretarial action.--As part of the annual report 
    required under subsection (d), the Secretary shall describe each 
    such action taken under paragraph (1) or (2) and the outcomes of 
    each such action.
        ``(5) Public notification.--The Secretary shall notify the 
    public, by posting on the Internet website of the Department of 
    Education, of each action taken by the Secretary under paragraph 
    (1) or (2). As a part of such notification, the Secretary shall 
    describe each such action taken under paragraph (1) or (2) and the 
    outcomes of each such action.
    ``(d) Annual Report to Congress.--
        ``(1) In general.--Not later than December 31 of each year, the 
    Secretary shall prepare, and submit to the President and to the 
    Committee on Education and the Workforce of the House of 
    Representatives and the Committee on Health, Education, Labor, and 
    Pensions of the Senate, a report on the activities funded under 
    this Act to improve the access of individuals with disabilities to 
    assistive technology devices and assistive technology services.
        ``(2) Contents.--Such report shall include--
            ``(A) a compilation and summary of the information provided 
        by the States in annual progress reports submitted under 
        section 4(f); and
            ``(B) a summary of the State applications described in 
        section 4(d) and an analysis of the progress of the States in 
        meeting the measurable goals established in State applications 
        under section 4(d)(3).
    ``(e) Construction.--Nothing in this section shall be construed to 
affect the enforcement authority of the Secretary, another Federal 
officer, or a court under part D of the General Education Provisions 
Act (20 U.S.C. 1234 et seq.) or other applicable law.
    ``(f) Effect on Other Assistance.--This Act may not be construed as 
authorizing a Federal or State agency to reduce medical or other 
assistance available, or to alter eligibility for a benefit or service, 
under any other Federal law.
    ``(g) Rule.--The Assistive Technology Act of 1998 (as in effect on 
the day before the date of enactment of the Assistive Technology Act of 
2004) shall apply to funds appropriated under the Assistive Technology 
Act of 1998 for fiscal year 2004.

``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) State Grants for Assistive Technology and National 
Activities.--
        ``(1) In general.--There are authorized to be appropriated to 
    carry out sections 4 and 6 such sums as may be necessary for each 
    of fiscal years 2005 through 2010.
        ``(2) Reservation.--
            ``(A) Definition.--In this paragraph, the term `higher 
        appropriation year' means a fiscal year for which the amount 
        appropriated under paragraph (1) and made available to carry 
        out section 4 is at least $665,000 greater than the amount 
        that--
                ``(i) was appropriated under section 105 of this Act 
            (as in effect on October 1, 2003) for fiscal year 2004; and
                ``(ii) was not reserved for grants under section 102 or 
            104 of this Act (as in effect on such date) for fiscal year 
            2004.
            ``(B) Amount reserved for national activities.--Of the 
        amount appropriated under paragraph (1) for a fiscal year--
                ``(i) not more than $1,235,000 may be reserved to carry 
            out section 6, except as provided in clause (ii); and
                ``(ii) for a higher appropriation year--

                    ``(I) not more than $1,900,000 may be reserved to 
                carry out section 6; and
                    ``(II) of the amount so reserved, the portion 
                exceeding $1,235,000 shall be used to carry out 
                paragraphs (1) and (2) of section 6(b).

    ``(b) State Grants for Protection and Advocacy Services Related to 
Assistive Technology.--There are authorized to be appropriated to carry 
out section 5 $4,419,000 for fiscal year 2005 and such sums as may be 
necessary for each of fiscal years 2006 through 2010.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Developmental Disabilities Assistance and Bill of Rights Act of 
2000.--The Developmental Disabilities Assistance and Bill of Rights Act 
of 2000 (42 U.S.C. 15001 et seq.) is amended--
        (1) in section 124(c)(3)(B), by striking ``section 101 or 102 
    of the Assistive Technology Act of 1998 (29 U.S.C. 3011, 3012)'' 
    and inserting ``section 4 or 5 of the Assistive Technology Act of 
    1998'';
        (2) in section 125(c)(5)(G)(i), by striking ``section 101 or 
    102 of the Assistive Technology Act of 1998 (29 U.S.C. 3011, 
    3012)'' and inserting ``section 4 or 5 of the Assistive Technology 
    Act of 1998'';
        (3) in section 143(a)(2)(D)(ii), by striking ``section 101 or 
    102 of the Assistive Technology Act of 1998 (29 U.S.C. 3011, 
    3012)'' and inserting ``section 4 or 5 of the Assistive Technology 
    Act of 1998''; and
        (4) in section 154(a)(3)(E)(ii)(VI), by striking ``section 101 
    or 102 of the Assistive Technology Act of 1998 (29 U.S.C. 3011, 
    3012)'' and inserting ``section 4 or 5 of the Assistive Technology 
    Act of 1998''.
    (b) Rehabilitation Act of 1973.--The Rehabilitation Act of 1973 (29 
U.S.C. 701 et seq.) is amended--
        (1) in section 203, by striking subsection (e) and inserting 
    the following:
    ``(e) In this section--
        ``(1) the terms `assistive technology' and `universal design' 
    have the meanings given the terms in section 3 of the Assistive 
    Technology Act of 1998; and
        ``(2) the term `targeted individuals' has the meaning given the 
    term `targeted individuals and entities' in section 3 of the 
    Assistive Technology Act of 1998.'';
        (2) in section 401(c)(2), by striking ``targeted individuals'' 
    and inserting ``targeted individuals and entities''; and
        (3) in section 502(d), by striking ``targeted individuals'' and 
    inserting ``targeted individuals and entities''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```