```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4278 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
                                H. R. 4278

_______________________________________________________________________

                                 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 ``Improving Access to Assistive 
Technology for Individuals with Disabilities 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 for this Act is as 
follows:

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

``SEC. 2. FINDINGS AND PURPOSES.

    ``(a) Findings.--Congress finds the following:
            ``(1) 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.
            ``(2) 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.
            ``(3) 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 would have profound implications for individuals 
        with disabilities in the United States.
            ``(4) Over the last 15 years, the Federal Government has 
        invested in the development of statewide comprehensive systems 
        to help individuals with disabilities gain access to assistive 
        technology devices and services. This partnership with States 
        provided an important service to individuals with disabilities 
        by strengthening the capacity of each State to assist 
        individuals with disabilities of all ages with their assistive 
        technology needs.
            ``(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 and adaptations increase the involvement, 
        and reduce expenditures associated with, programs and 
        activities that facilitate communication, ensure independent 
        living and functioning, enable early childhood development, 
        support educational achievement, provide and enhance employment 
        options, and enable full participation in community living and 
        recreation for individuals with disabilities.
            ``(6) Despite the success of the Federal-State partnership 
        in providing access to assistive technology and 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 their independence and participation of 
        individuals with disabilities in society.
    ``(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 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 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) Advocacy services.--The term `advocacy services', 
        except as used as part of the term `protection and advocacy 
        services', means services provided to assist individuals with 
        disabilities and their family members, guardians, advocates, 
        and authorized representatives in accessing assistive 
        technology devices and assistive technology services.
            ``(2) American indian consortium.--The term `American 
        Indian Consortium' has the meaning given the term in section 
        102(1) of the Developmental Disabilities Assistance and Bill of 
        Rights Act of 2000 and that is established to provide 
        protection and advocacy services for purposes of receiving 
        funding under subtitle C of title I of such Act.
            ``(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) services consisting of purchasing, leasing, 
                or otherwise providing for the acquisition of assistive 
                technology devices by individuals with disabilities;
                    ``(C) services consisting of selecting, designing, 
                fitting, customizing, adapting, applying, maintaining, 
                repairing, or replacing 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 disabilities, or, where appropriate, 
                the family members, guardians, advocates, or authorized 
                representatives of such an individual; and
                    ``(F) training or technical assistance for 
                professionals (including individuals providing 
                education and rehabilitation services), employers, or 
                other individuals who provide services to, employ, or 
                are otherwise substantially involved in the major life 
                functions of 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 one 
                individual with a disability.
            ``(11) Institution of higher education.--The term 
        `institution of higher education' has the meaning given such 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1141(a)), and includes a community college receiving 
        funding under the Tribally Controlled Community College 
        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 part C of the Developmental 
                Disabilities Assistance and Bill of Rights Act (42 
                U.S.C. 6041 et seq.), the Protection and Advocacy for 
                Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 
                et seq.), or section 509 of the Rehabilitation Act of 
                1973; 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 
                several 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 sections 4(c) and 5(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) Targeted individuals.--The term `targeted 
        individuals' means--
                    ``(A) individuals with disabilities of all ages and 
                their family members, guardians, advocates, and 
                authorized representatives;
                    ``(B) individuals who work for public or private 
                entities (including insurers or managed care 
                providers), that have contact with individuals with 
                disabilities;
                    ``(C) educators and related services personnel;
                    ``(D) technology experts (including engineers);
                    ``(E) health and allied health professionals;
                    ``(F) employers; and
                    ``(G) other appropriate individuals and entities.
            ``(16) Technology-related assistance.--The term 
        `technology-related assistance' means assistance provided 
        through capacity building and advocacy activities that 
        accomplish the purposes described in any of subparagraphs (A) 
        through (G) of section 2(b)(1).
            ``(17) 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.
            ``(18) 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 usable (without requiring assistive 
        technologies) and products and services that are made usable 
        with assistive technologies.

``SEC. 4. GRANTS TO STATES FOR PURCHASE OF ASSISTIVE TECHNOLOGY DEVICES 
              AND ASSISTIVE TECHNOLOGY SERVICES.

    ``(a) Grants to States.--The Secretary shall award grants, in 
accordance with this section, 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 and their family members, guardians, advocates, and 
authorized representatives to obtain assistive technology devices and 
assistive technology services.
    ``(b) Use of Funds.--
            ``(1) In general.--
                    ``(A) Required activities.--Except as provided in 
                subparagraph (C), any State that receives a grant under 
                this section shall use a portion of the funds made 
                available through the grant to carry out the activities 
                described in subparagraphs (A) and (B) of paragraph 
                (2).
                    ``(B) Discretionary activities.--Any State that 
                receives a grant under this section may use the funds 
                made available through the grant to carry out the 
                activities described in subparagraph (C) or (D) of 
                paragraph (2).
                    ``(C) Special rule.--Any State in which financial 
                support for the activities described in subparagraph 
                (A) or (B) of paragraph (2) is provided from State or 
                other resources shall not be required to expend the 
                funds provided under the grant to carry out the 
                activities described in subparagraph (A) or (B), as the 
                case may be. Such financial support shall be comparable 
                to the amount of the grant the State would otherwise 
                have expended for such activities.
            ``(2) State-level activities.--
                    ``(A) State finance systems.--The State shall 
                support activities to increase access to, and funding 
                for, assistive technology devices and assistive 
                technology services, including the development of 
                systems to provide assistive technology devices and 
                assistive technology services to individuals with 
                disabilities of all ages, and that pay for such devices 
                and services, such as--
                            ``(i) the development of systems for the 
                        purchase, lease, other acquisition, or payment 
                        for the provision of assistive technology 
                        devices and assistive technology services; or
                            ``(ii) the establishment of alternative 
                        State or privately funded systems of subsidies 
                        for the provision of assistive technology 
                        devices or assistive technology services, 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 operated by a 
                                partnership among private entities for 
                                the purchase, lease, or other 
                                acquisition of assistive technology 
                                devices or assistive technology 
                                services; or
                                    ``(VI) another mechanism approved 
                                by the Secretary.
                    ``(B) Device loan programs.--The State shall 
                directly, or in collaboration with public or private 
                entities, carry out device loan programs that support 
                the short-term loan of assistive technology devices to 
                individuals, employers, public agencies, public 
                accommodations, or others seeking to meet the needs of 
                targeted individuals, including to comply with the 
                Individuals with Disabilities Education Act, the 
                Americans with Disabilities Act of 1990, and section 
                504 of the Rehabilitation Act of 1973.
                    ``(C) 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, 
                recycling, or other reutilization of assistive 
                technology devices, which may include redistribution 
                through device and equipment loans, rentals, or gifts.
                    ``(D) Device demonstration program.--The State 
                shall directly, or in collaboration with public or 
                private entities, carry out assistive technology device 
                demonstration programs that provide for the ability of 
                targeted individuals to learn about the use and 
                operation of assistive technology devices.
            ``(3) State leadership activities.--
                    ``(A) In general.--Any State that receives a grant 
                under this section may use up to 40 percent of the 
                funds made available through the grant to carry out the 
                activities described in subparagraph (B).
                    ``(B) Required activities.--The State shall 
                support--
                            ``(i) public awareness activities designed 
                        to provide information to targeted individuals 
                        relating to the availability and benefits of 
                        assistive technology devices and assistive 
                        technology services, including--
                                    ``(I) the development and 
                                dissemination of information relating 
                                to--
                                            ``(aa) the nature of 
                                        assistive technology devices 
                                        and assistive technology 
                                        services;
                                            ``(bb) the appropriateness 
                                        of, cost of, availability of, 
                                        evaluation of, and access to, 
                                        assistive technology devices 
                                        and assistive technology 
                                        services; and
                                            ``(cc) 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;
                                    ``(II) the development of 
                                procedures for providing direct 
                                communication between providers of 
                                assistive technology and targeted 
                                individuals, which may include 
                                partnerships with the State and local 
                                workforce investment system established 
                                under the Workforce Investment Act of 
                                1998, State vocational rehabilitation 
                                centers, public and private employers, 
                                or elementary and secondary public 
                                schools; and
                                    ``(III) the development and 
                                dissemination, to targeted individuals, 
                                of information about State efforts 
                                related to assistive technology; and
                                    ``(IV) the distribution of 
                                materials to appropriate public and 
                                private agencies that provide social, 
                                medical, educational, employment, and 
                                transportation services to individuals 
                                with disabilities.
                            ``(ii) technical assistance and training 
                        on--
                                    ``(I) the development of training 
                                materials and the conduct of training 
                                in the use of assistive technology 
                                devices and assistive technology 
                                services;
                                    ``(II) providing technical 
                                assistance, including technical 
                                assistance concerning how--
                                            ``(aa) to consider the 
                                        needs of an individual with a 
                                        disability for assistive 
                                        technology devices and 
                                        assistive technology services 
                                        in developing any 
                                        individualized plan or program 
                                        authorized under Federal or 
                                        State law; and
                                            ``(bb) to increase consumer 
                                        participation regarding 
                                        assistive technology devices 
                                        and assistive technology 
                                        services; and
                                    ``(III) the enhancement of the 
                                assistive technology skills and 
                                competencies of--
                                            ``(aa) individuals who work 
                                        for public or private entities 
                                        (including insurers and managed 
                                        care providers), who have 
                                        contact with individuals with 
                                        disabilities;
                                            ``(bb) educators and 
                                        related services personnel;
                                            ``(cc) technology experts 
                                        (including engineers);
                                            ``(dd) health and allied 
                                        health professionals;
                                            ``(ee) employers; and
                                            ``(ff) other appropriate 
                                        personnel; and
                            ``(iii) outreach and support to statewide 
                        and community-based organizations that provide 
                        assistive technology devices and assistive 
                        technology services to individuals with 
                        disabilities or that assist individuals with 
                        disabilities in using assistive technology 
                        devices and assistive technology services, 
                        including a focus on organizations assisting 
                        individuals from underrepresented populations 
                        and rural populations, and further including 
                        support such as outreach to consumer 
                        organizations and groups in the State to 
                        coordinate efforts to assist individuals with 
                        disabilities of all ages and their family 
                        members, guardians, advocates, or authorized 
                        representatives, to obtain funding for, access 
                        to, and information on evaluation of assistive 
                        technology devices and assistive technology 
                        services.
                    ``(C) Authorized activities.--The State may support 
                the operation and administration of the activities in 
                paragraph (2), through interagency coordination to 
                develop and promote the adoption of policies that 
                improve access to assistive technology devices and 
                assistive technology services for individuals with 
                disabilities of all ages in the State and that result 
                in improved coordination among public and private 
                entities that are responsible or have the authority to 
                be responsible, for policies, procedures, or funding 
                for, or the provision of assistive technology devices 
                and assistive technology services to, such individuals.
            ``(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 it receives under a grant under this section to 
                carry out any of the activities described in paragraph 
                (2).
                    ``(B) Special rule.--Notwithstanding paragraph 
                (3)(A), any State which exercises its authority under 
                subparagraph (A) may not use more than 30 percent of 
                the funds made available through the grant to carry out 
                the activities described in paragraph (3)(B).
    ``(c) Amount of Financial Assistance.--
            ``(1) Grants to outlying areas.--From the funds 
        appropriated under section 8(a) for any fiscal year for grants 
        under this section, the Secretary shall make a grant in an 
        amount of not more than $105,000 to each eligible outlying 
        area.
            ``(2) Grants to states.--From the funds described in 
        paragraph (1) that are not used to make grants under paragraph 
        (1), the Secretary shall make grants to States in accordance 
        with the requirements described in paragraph (3).
            ``(3) Calculation of state grants.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Secretary shall allocate funds to 
                each State for a fiscal year in an amount that bears 
                the same ratio as the population of the State bears to 
                the population of all States.
                    ``(B) Minimum allotment.--A State shall receive an 
                amount under a grant for a fiscal year that is not less 
                than the amount the State received under the grant 
                provided under title I of this Act (as in effect on the 
                day before the date of the enactment of the Improving 
                Access to Assistive Technology for Individuals with 
                Disabilities Act of 2004) for fiscal year 2004.
                    ``(C) Ratable reductions.--
                            ``(i) In general.--If amounts made 
                        available to carry out this section for any 
                        fiscal year are insufficient to meet the 
                        minimum allotment requirement for each State 
                        under subparagraph (B) for such fiscal year, 
                        the Secretary shall ratably reduce such amounts 
                        for such fiscal year.
                            ``(ii) Additional funds.--If additional 
                        funds become available for making payments 
                        described under this subsection for any such 
                        fiscal year, the amounts that were reduced 
                        under clause (i) shall be increased on the same 
                        basis as such amounts were reduced.
    ``(d) Lead Agency.--
            ``(1) Designation.--To be eligible to receive a grant under 
        this section, the Governor of the State shall designate in 
        accordance with paragraph (2) a lead agency to administer the 
        grant under this section.
            ``(2) Eligible entities.--For purposes of paragraph (1), 
        the Governor of the State may designate one of the following:
                    ``(A) The State agency responsible for the 
                administration of vocational rehabilitation in the 
                State.
                    ``(B) A commission, council, or other official body 
                appointed by the Governor.
                    ``(C) A public-private partnership or consortium.
                    ``(D) A public agency (including the office of the 
                Governor, a State oversight office, a State agency, a 
                public institution of higher education, or other public 
                entity).
                    ``(E) A council established under Federal or State 
                law.
                    ``(F) An organization described in section 
                501(c)(3) of Internal Revenue Code of 1986 and exempt 
                from tax under section 501(a) of that Act.
                    ``(G) Another appropriate office, agency, entity, 
                or organization.
            ``(3) Duties of the lead agency.--The duties of the lead 
        agency shall include--
                    ``(A) submitting the application described in 
                subsection (e) on behalf of the State;
                    ``(B) administering and supervising the use of 
                amounts made available under the grant received by the 
                State under this section;
                    ``(C) (i) coordinating efforts related to, and 
                supervising the preparation of, the application 
                described in subsection (e);
                    ``(ii) coordinating, maintaining, and evaluating 
                the comprehensive statewide program of technology-
                related assistance among public agencies and between 
                public agencies and private entities, including 
                coordinating efforts related to entering into 
                interagency agreements; and
                    ``(iii) coordinating efforts, especially efforts 
                carried out with entities that provide protection and 
                advocacy services described in section 5, 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 under the grant;
                    ``(D) delegating, in whole or in part, any 
                responsibilities described in subparagraph (A), (B), or 
                (C) to one or more appropriate offices, agencies, 
                entities, or individuals; and
                    ``(E) establishing a partnership or partnerships 
                with private providers of social, medical, educational, 
                employment, and transportation services to individuals 
                with disabilities.
            ``(4) Change in lead agency.--The Governor may change the 
        lead agency of the State (to an agency other than the lead 
        agency of the State as of the date of the enactment of the 
        Improving Access to Assistive Technology for Individuals with 
        Disabilities Act of 2004) if the Governor provides a 
        justification in the application to the Secretary for such 
        action. Nothing in this subsection shall be construed to 
        require the Governor of a State to change the lead agency of 
        the State to an agency other than the lead agency of such State 
        as of the date of the enactment of the Improving Access to 
        Assistive Technology for Individuals with Disabilities Act of 
        2004.
    ``(e) State Application.--
            ``(1) Submission.--Any State that desires to receive a 
        grant under this section shall submit to the Secretary an 
        application at such time and in such manner as the Secretary 
        may specify.
            ``(2) Content.--Each application shall contain, at a 
        minimum, the following information:
                    ``(A) Planned activities.--A description of those 
                activities described in subsection (b)(2) that the 
                State will carry out under the grant.
                    ``(B) Measurable goals.--A description of--
                            ``(i) the measurable goals the State has 
                        set for addressing the assistive technology 
                        needs of individuals with disabilities in the 
                        State, including any measurable goals, and a 
                        timeline for meeting such goals, related to--
                                    ``(I) education, including goals 
                                involving the provision of assistive 
                                technology to individuals with 
                                disabilities that receive services 
                                under the Individuals with Disabilities 
                                Education Act;
                                    ``(II) employment, including goals 
                                involving the State vocational 
                                rehabilitation program carried out 
                                under title I of the Rehabilitation Act 
                                of 1973;
                                    ``(III) telecommunication and 
                                information technology; and
                                    ``(IV) community living; and
                            ``(ii) how the State will quantifiably 
                        measure the goals to determine whether the 
                        goals have been achieved.
                    ``(C) Involvement of individuals with disabilities 
                of all ages and their families.--A description of how 
                individuals with disabilities of all ages and their 
                families--
                            ``(i) were involved in selecting--
                                    ``(I) the goals;
                                    ``(II) the activities to be 
                                undertaken in achieving the goals; and
                                    ``(III) the measures to be used in 
                                judging if the goals have been 
                                achieved; and
                            ``(ii) will be involved in measuring 
                        whether the goals have been achieved.
                    ``(D) State support.--A description of those 
                activities described in subsection (b)(2) that the 
                State will support under the grant, including at a 
                minimum the State's plans to provide financial support, 
                consistent with subsection (b)(1), for the activities 
                described in subparagraphs (A) and (B) of such 
                subsection.
                    ``(E) Assurance.--An assurance that the physical 
                location of the entity responsible for conducting the 
                State activities under this Act meets the requirements 
                of the Americans with Disabilities Act of 1990 
                regarding accessibility for individuals with 
                disabilities.
                    ``(F) Other information.--Such other information as 
                the Secretary may reasonably require.

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

    ``(a) Grants to States.--
            ``(1) In general.--The Secretary shall make a grant to an 
        entity in each State to support protection and advocacy 
        services through the systems established to provide protection 
        and advocacy services under the Developmental Disabilities 
        Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.) for 
        the purposes of assisting in the acquisition, utilization, or 
        maintenance of assistive technology or assistive technology 
        services for individuals with disabilities.
            ``(2) Special rule.--Notwithstanding paragraph (1), for a 
        State that, on the day before the date of the enactment of the 
        Improving Access to Assistive Technology for Individuals with 
        Disabilities Act of 2004, was described in section 102(a)(2) of 
        this Act, the Secretary shall make the grant to the lead agency 
        designated under section 4(d). The lead agency shall determine 
        how the funds made available under this section shall be 
        divided among the entities that were providing protection and 
        advocacy services in that State on that day, and distribute the 
        funds to the entities. In distributing the funds, the lead 
        agency shall not establish any further eligibility or 
        procedural requirements for an entity in that State that 
        supports protection and advocacy services through the systems 
        established to provide protection and advocacy services under 
        the Developmental Disabilities Assistance and Bill of Rights 
        Act of 2000 (42 U.S.C. 15001 et seq.). Such an entity shall 
        comply with the same requirements (including reporting and 
        enforcement requirements) as any other entity that received 
        funding under paragraph (1).
    ``(b) Amount of Financial Assistance.--
            ``(1) Grants to outlying areas and american indian 
        consortium.--
                    ``(A) Outlying areas.--From the funds appropriated 
                under section 8(b) for any fiscal year, the Secretary 
                shall make a grant in an amount of not more than 
                $30,000 to each eligible system within an outlying 
                area.
                    ``(B) American indian consortium.--From the funds 
                appropriated under section 8(b) for any fiscal year, 
                the Secretary shall make a grant in an amount of not 
                more than $30,000 to the American Indian Consortium to 
                provide services in the same manner as an eligible 
                system described under this section. If the amount 
                appropriated under section 8(b) for a fiscal year 
                exceeds the amount appropriated under such section for 
                the preceding fiscal year, then the amount referred to 
                in the preceding sentence shall be increased for such 
                fiscal year by the same percentage as such amount 
                appropriated under section 8(b) exceeds the amount 
                appropriated under such section for the preceding 
                fiscal year.
            ``(2) Grants to states.--For any fiscal year, after 
        reserving funds to make grants under paragraph (1), the 
        Secretary shall make allotments from the remainder of the funds 
        in accordance with paragraph (3) to eligible systems within 
        States to support protection and advocacy services as described 
        in subsection (a). The Secretary shall make grants to the 
        eligible systems from the allotments.
            ``(3) Systems within states.--
                    ``(A) Population basis.--Except as provided in 
                subparagraph (B), from such remainder for each fiscal 
                year, the Secretary shall make an allotment to the 
                eligible system within a State of an amount bearing the 
                same ratio to such remainder as the population of the 
                State bears to the population of all States.
                    ``(B) Minimums.--Subject to the availability of 
                appropriations to carry out this section, the allotment 
                to any system under subparagraph (A) shall be not less 
                than $50,000, and the allotment to any system under 
                this paragraph for any fiscal year that is less than 
                $50,000 shall be increased to $50,000.
            ``(4) Reallotment.--Whenever the Secretary determines that 
        any amount of an allotment under paragraph (3) to a system 
        within a State for any fiscal year will not be expended by such 
        system in carrying out the provisions of this section, the 
        Secretary shall make such amount available for carrying out the 
        provisions of this section to all other systems in the same 
        proportion such amounts were first allocated to such systems.
            ``(5) 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, except 
        that program income generated from such amount shall remain 
        available for two additional fiscal years and may only be used 
        to improve the awareness of individuals with disabilities on 
        the accessibility of assistive technology and assisting such 
        individuals in the acquisition, utilization, or maintenance of 
        assistive technology or assistive technology services.
    ``(c) 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 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 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 carryover funds described in 
        subsection (b)(5) to improve the awareness of individuals with 
        disabilities on the accessibility of assistive technology and 
        assisting them in the acquisition, utilization, or maintenance 
        of assistive technology or assistive technology services.
    ``(d) Reports and Updates to State Agencies.--An entity that 
receives a grant under this section shall prepare and submit to the 
lead agency the report described in subsection (c) and quarterly 
updates concerning the activities described in subsection (c).
    ``(e) 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 designated under section 4(d) 
with respect to efforts at coordination, collaboration, and promoting 
outcomes between the lead agency and the entity that receives the grant 
under this section.

``SEC. 6. ADMINISTRATIVE PROVISIONS.

    ``(a) General Administration.--Notwithstanding any other provision 
of law, the Rehabilitation Services Administration in the Office of 
Special Education and Rehabilitative Services of the Department of 
Education shall be responsible for the administration of this Act.
    ``(b) Review of Participating Entities.--
            ``(1) In general.--The Secretary shall assess the extent to 
        which entities that receive grants pursuant to this Act are 
        complying with the applicable requirements of this Act and 
        achieving the quantifiable, measurable goals that are 
        consistent with the requirements of the grant programs under 
        which the entities applied for 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 fails to substantially comply with the requirements 
        of this Act or to substantially make progress towards meeting 
        the goals established under section 4(e)(2)(B) with respect to 
        a grant program, the Secretary shall assist the entity through 
        technical assistance funded under section 7 or other means, 
        within 90 days after such determination, to develop a 
        corrective action plan.
            ``(2) Sanctions.--An entity that fails to develop and 
        comply with a corrective action plan as described in paragraph 
        (1) during a fiscal year shall be subject to one of the 
        following corrective actions selected by the Secretary:
                    ``(A) Partial or complete withholding of funds 
                under the grant program until such plan is developed 
                and implemented.
                    ``(B) Reduction in the amount of funding that may 
                be used for indirect costs under section 4(b)(4) for 
                the following year under the grant program.
                    ``(C) Required redesignation of the lead agency 
                designated under section 4(d) or an entity responsible 
                for administering the grant program.
            ``(3) Appeals procedures.--The Secretary shall establish 
        appeals procedures for entities that are found to be in 
        noncompliance with the requirements of this Act or have not 
        substantially made progress towards meeting the goals 
        established under section 4(e)(2)(B).
            ``(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.--
            ``(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 information on--
                    ``(A) the type of alternative financing mechanisms 
                used by each State under the program;
                    ``(B) the amount and type of assistance given to 
                consumers (who shall be classified by age, type of 
                disability, type of assistive technology device or 
                assistive technology service financed through the 
                program, geographic distribution within the State, 
                gender, and whether the consumers are part of an 
                underrepresented population or rural population), 
                including--
                            ``(i) the number of applications for 
                        assistance received;
                            ``(ii) the number of applications approved 
                        and rejected;
                            ``(iii) the default rate;
                            ``(iv) the range and average interest rate;
                            ``(v) the range and average income of 
                        approved loan applicants; and
                            ``(vi) the types and dollar amounts of 
                        assistive technology financed;
                    ``(C) the number, type, and length of time of loans 
                of assistive technology devices provided to individuals 
                with disabilities, employers, public agencies, or 
                public accomodations, including an analysis of the 
                individuals with disabilities who have benefited from 
                the device loan program;
                    ``(D) the number, type, estimated value, and scope 
                of device reutilization programs, including an analysis 
                of the individuals with disabilities that have 
                benefited from the device loan program;
                    ``(E) the number and type of equipment 
                demonstrations provided, including an analysis of 
                individuals with disabilities who have benefited from 
                the program;
                    ``(F) a summary of the State plans and annual 
                reports submitted by the States, including an analysis 
                of the progress of the States in meeting their goals 
                established in the State application;
                    ``(G) the number of individuals who received 
                training and the topics of such training;
                    ``(H) the frequency and nature of technical 
                assistance provided to State and local governmental 
                agencies and other entities; and
                    ``(I) the outcomes of interagency coordination and 
                collaboration activities carried out by the State, as 
                applicable, that support access to assistive technology 
                including the type, purpose, and source of leveraged 
                funding or other contributed resources from public and 
                private entities.
    ``(e) Effect on Other Assistance.--This Act may not be construed as 
authorizing a Federal or a State agency to reduce medical or other 
assistance available, or to alter eligibility for a benefit or service, 
under any other Federal law.

``SEC. 7. NATIONAL ACTIVITIES.

    ``(a) In General.--Through grants, contracts, or cooperative 
agreements, awarded on a competitive basis, the Secretary is authorized 
to provide technical assistance to entities, principally entities 
funded under section 4 or 5.
    ``(b) Input.--In designing the program to be funded under this 
section, and in deciding the differences in function between national 
and regionally based technical assistance efforts carried out through 
the program, the Secretary shall consider the input of the directors of 
comprehensive statewide programs of technology-related assistance 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; and
            ``(3) individuals employed by protection and advocacy 
        systems funded under section 5.
    ``(c) Authorized Activities.--The Secretary shall support 
activities designed to maximize the impact and benefit of assistive 
technology devices and assistive technology services for individuals 
with disabilities, including the following activities:
            ``(1) National public internet site.--
                    ``(A) Establishment of internet site.--The 
                Secretary shall fund the establishment and maintenance 
                of a National Public Internet Site for the purposes of 
                providing to individuals with disabilities and the 
                general public technical assistance and information on 
                increased access to assistive technology devices, 
                assistive technology services, and other disability-
                related resources.
                    ``(B) Eligible entity.--To be eligible to receive a 
                grant or enter into a contract or cooperative agreement 
                under subsection (a) to establish and maintain the 
                Internet site, an entity shall be an institution of 
                higher education that emphasizes research and 
                engineering, has a multidisciplinary research center, 
                and 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 education, information, 
                        and referral services to individuals with 
                        disabilities, 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.
                    ``(C) Features of internet site.--The National 
                Public Internet Site described in subparagraph (A) 
                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) 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 institution of higher 
                        education and cooperating private sector 
                        entities.
                    ``(D) Minimum library components.--At a minimum, 
                the Internet site shall maintain updated information 
                on--
                            ``(i) how to plan, develop, implement, and 
                        evaluate activities to further extend 
                        comprehensive statewide programs of technology-
                        related assistance, including the development 
                        and replication of effective approaches to--
                                    ``(I) providing information and 
                                referral services;
                                    ``(II) promoting interagency 
                                coordination of training and service 
                                delivery among public and private 
                                entities;
                                    ``(III) conducting outreach to 
                                underrepresented populations and rural 
                                populations;
                                    ``(IV) mounting successful public 
                                awareness activities;
                                    ``(V) improving capacity building 
                                in service delivery;
                                    ``(VI) training personnel from a 
                                variety of disciplines; and
                                    ``(VII) improving evaluation 
                                strategies, research, and data 
                                collection;
                            ``(ii) 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;
                            ``(iii) successful approaches to increasing 
                        the availability of public and private funding 
                        for and access to the provision of assistive 
                        technology devices and assistive technology 
                        services by appropriate State agencies; and
                            ``(iv) demonstration sites where 
                        individuals may try out assistive technology.
            ``(2) Technical assistance efforts.--The Secretary shall, 
        on a competitive basis, make grants to, or enter into 
        cooperative agreements with, eligible entities--
                    ``(A) to address State-specific information 
                requests concerning assistive technology from other 
                entities funded under this Act and public entities not 
                funded under this Act, including--
                            ``(i) 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;
                            ``(ii) 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;
                            ``(iii) 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;
                            ``(iv) 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;
                            ``(v) other requests for technical 
                        assistance from other entities funded under 
                        this Act and public entities not funded under 
                        this Act; and
                            ``(vi) other assignments specified by the 
                        Secretary, including assisting entities 
                        described in section 6(b) to develop corrective 
                        action plans; and
                    ``(B) to assist targeted individuals 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 subparagraph (A).
    ``(d) Eligible Entities.--To be eligible to compete for grants, 
contracts, and cooperative agreements under this section, entities 
shall have documented experience with and expertise in assistive 
technology service delivery or systems, interagency coordination, and 
capacity building and advocacy activities.
    ``(e) 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.

``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) State Grants for Assistive Technology; National Activities.--
There are authorized to be appropriated to carry out sections 4 and 7 
of this Act $21,524,000 for fiscal year 2005 and such sums as may be 
necessary for each of fiscal years 2006 through 2010. Of the amount 
appropriated pursuant to the authorization of appropriations under this 
subsection for a fiscal year, not more than $1,235,000 may be made 
available to carry out section 7 of this Act.
    ``(b) State Grants for Protection and Advocacy.--There are 
authorized to be appropriated to carry out section 5 of this Act 
$4,419,000 for fiscal year 2005 and such sums as may be necessary for 
each of fiscal years 2006 through 2010.''.

            Passed the House of Representatives June 14, 2004.

            Attest:

                                                                 Clerk.
108th CONGRESS

  2d Session

                               H. R. 4278

_______________________________________________________________________

                                 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.
```