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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Improving Access to

3 Assistive Technology for Individuals with Disabilities Act

4 of 2004’’.

5 SEC. 2. AMENDMENT TO THE ASSISTIVE TECHNOLOGY ACT

6 OF 1998.

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

8 3001 et seq.) is amended to read as follows:

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

10 ‘‘(a) SHORT TITLE.—This Act may be cited as the

11 ‘Assistive Technology Act of 1998’.

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

13 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.

14 ‘‘SEC. 2. FINDINGS AND PURPOSES.

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

16 ‘‘(1) Disability is a natural part of the human

17 experience and in no way diminishes the right of in18 dividuals to—

19 ‘‘(A) live independently;

20 ‘‘(B) enjoy self-determination and make

21 choices;
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1 ‘‘(C) benefit from an education;

2 ‘‘(D) pursue meaningful careers; and

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

4 the economic, political, social, cultural, and edu5 cational mainstream of society in the United

6 States.

7 ‘‘(2) Technology is one of the primary engines

8 for economic activity, education, and innovation in

9 the Nation, and throughout the world. The commit10 ment of the United States to the development and

11 utilization of technology is one of the main factors

12 underlying the strength and vibrancy of the economy

13 of the United States.

14 ‘‘(3) As technology has come to play an increas15 ingly important role in the lives of all persons in the

16 United States, in the conduct of business, in the

17 functioning of government, in the fostering of com18 munication, in the conduct of commerce, and in the

19 provision of education, its impact upon the lives of

20 individuals with disabilities in the United States has

21 been comparable to its impact upon the remainder

22 of the citizens of the United States. Any develop23 ment in mainstream technology would have profound

24 implications for individuals with disabilities in the

25 United States.
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1 ‘‘(4) Over the last 15 years, the Federal Gov2 ernment has invested in the development of state3 wide comprehensive systems to help individuals with

4 disabilities gain access to assistive technology devices

5 and services. This partnership with States provided

6 an important service to individuals with disabilities

7 by strengthening the capacity of each State to assist

8 individuals with disabilities of all ages with their as9 sistive technology needs.

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

11 development of assistive technology devices, includ12 ing adaptations to existing devices that facilitate ac13 tivities of daily living, that significantly benefit indi14 viduals with disabilities of all ages. These devices

15 and adaptations increase the involvement, and re16 duce expenditures associated with, programs and ac17 tivities that facilitate communication, ensure inde18 pendent living and functioning, enable early child19 hood development, support educational achievement,

20 provide and enhance employment options, and enable

21 full participation in community living and recreation

22 for individuals with disabilities.

23 ‘‘(6) Despite the success of the Federal-State

24 partnership in providing access to assistive tech25 nology and services, there is a continued need to
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1 provide information about the availability of assistive

2 technology, advances in improving accessibility and

3 functionality of assistive technology, and appropriate

4 methods to secure and utilize assistive technology in

5 order to maximize their independence and participa6 tion of individuals with disabilities in society.

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

8 ‘‘(1) to support State efforts to improve the

9 provision of assistive technology to individuals with

10 disabilities through comprehensive statewide pro11 grams of technology-related assistance, for individ12 uals with disabilities of all ages, that are designed

13 to—

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

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

16 assistive technology devices and assistive tech17 nology services;

18 ‘‘(B) increase the ability of individuals

19 with disabilities of all ages to secure and main20 tain possession of assistive technology devices

21 as such individuals make the transition between

22 services offered by human service agencies or

23 between settings of daily living (for example,

24 between home and work);
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1 ‘‘(C) increase the capacity of public agen2 cies and private entities to provide and pay for

3 assistive technology devices and assistive tech4 nology services on a statewide basis for individ5 uals with disabilities of all ages;

6 ‘‘(D) increase the involvement of individ7 uals with disabilities and, if appropriate, their

8 family members, guardians, advocates, and au9 thorized representatives, in decisions related to

10 the provision of assistive technology devices and

11 assistive technology services;

12 ‘‘(E) increase and promote coordination

13 among State agencies, between State and local

14 agencies, among local agencies, and between

15 State and local agencies and private entities

16 (such as managed care providers), that are in17 volved or are eligible to be involved in carrying

18 out activities under this Act;

19 ‘‘(F) increase the awareness and facilitate

20 the change of laws, regulations, policies, prac21 tices, procedures, and organizational structures,

22 that facilitate the availability or provision of as23 sistive technology devices and assistive tech24 nology services; and
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1 ‘‘(G) increase awareness and knowledge of

2 the benefits of assistive technology devices and

3 assistive technology services among targeted in4 dividuals and the general population; and

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

6 that supports programs designed to maximize the

7 ability of individuals with disabilities and their fam8 ily members, guardians, advocates, and authorized

9 representatives to obtain assistive technology devices

10 and assistive technology services.

11 ‘‘SEC. 3. DEFINITIONS.

12 ‘‘In this Act:

13 ‘‘(1) ADVOCACY SERVICES.—The term ‘advo14 cacy services’, except as used as part of the term

15 ‘protection and advocacy services’, means services

16 provided to assist individuals with disabilities and

17 their family members, guardians, advocates, and au18 thorized representatives in accessing assistive tech19 nology devices and assistive technology services.

20 ‘‘(2) AMERICAN INDIAN CONSORTIUM.—The

21 term ‘American Indian Consortium’ has the meaning

22 given the term in section 102(1) of the Develop23 mental Disabilities Assistance and Bill of Rights Act

24 of 2000 and that is established to provide protection
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1 and advocacy services for purposes of receiving fund2 ing under subtitle C of title I of such Act.

3 ‘‘(3) ASSISTIVE TECHNOLOGY.—The term ‘as4 sistive technology’ means technology designed to be

5 utilized in an assistive technology device or assistive

6 technology service.

7 ‘‘(4) ASSISTIVE TECHNOLOGY DEVICE.—The

8 term ‘assistive technology device’ means any item,

9 piece of equipment, or product system, whether ac10 quired commercially, modified, or customized, that is

11 used to increase, maintain, or improve functional ca12 pabilities of individuals with disabilities.

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

14 term ‘assistive technology service’ means any service

15 that directly assists an individual with a disability in

16 the selection, acquisition, or use of an assistive tech17 nology device. Such term includes—

18 ‘‘(A) the evaluation of the assistive tech19 nology needs of an individual with a disability,

20 including a functional evaluation of the impact

21 of the provision of appropriate assistive tech22 nology and appropriate services to the indi23 vidual in the customary environment of the in24 dividual;
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1 ‘‘(B) services consisting of purchasing,

2 leasing, or otherwise providing for the acquisi3 tion of assistive technology devices by individ4 uals with disabilities;

5 ‘‘(C) services consisting of selecting, de6 signing, fitting, customizing, adapting, apply7 ing, maintaining, repairing, or replacing assist8 ive technology devices;

9 ‘‘(D) coordination and use of necessary

10 therapies, interventions, or services with assist11 ive technology devices, such as therapies, inter12 ventions, or services associated with education

13 and rehabilitation plans and programs;

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

15 individual with disabilities, or, where appro16 priate, the family members, guardians, advo17 cates, or authorized representatives of such an

18 individual; and

19 ‘‘(F) training or technical assistance for

20 professionals (including individuals providing

21 education and rehabilitation services), employ22 ers, or other individuals who provide services to,

23 employ, or are otherwise substantially involved

24 in the major life functions of individuals with

25 disabilities.
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1 ‘‘(6) CAPACITY BUILDING AND ADVOCACY AC2 TIVITIES.—The term ‘capacity building and advo3 cacy activities’ means efforts that—

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

5 practices, procedures, or organizational struc6 tures that promote consumer-responsive pro7 grams or entities; and

8 ‘‘(B) facilitate and increase access to, pro9 vision of, and funding for, assistive technology

10 devices and assistive technology services,

11 in order to empower individuals with disabilities to

12 achieve greater independence, productivity, and inte13 gration and inclusion within the community and the

14 workforce.

15 ‘‘(7) COMPREHENSIVE STATEWIDE PROGRAM OF

16 TECHNOLOGY-RELATED ASSISTANCE.—The term

17 ‘comprehensive statewide program of technology-re18 lated assistance’ means a consumer-responsive pro19 gram of technology-related assistance for individuals

20 with disabilities, implemented by a State, and equal21 ly available to all individuals with disabilities resid22 ing in the State, regardless of their type of dis23 ability, age, income level, or location of residence in

24 the State, or the type of assistive technology device

25 or assistive technology service required.
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1 ‘‘(8) CONSUMER-RESPONSIVE.—The term ‘con2 sumer-responsive’—

3 ‘‘(A) with regard to policies, means that

4 the policies are consistent with the principles

5 of—

6 ‘‘(i) respect for individual dignity, per7 sonal responsibility, self-determination, and

8 pursuit of meaningful careers, based on in9 formed choice, of individuals with disabil10 ities;

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

12 and equal access (including the use of ac13 cessible formats) of such individuals;

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

15 participation of such individuals in society;

16 ‘‘(iv) support for the involvement in

17 decisions of a family member, a guardian,

18 an advocate, or an authorized representa19 tive, if an individual with a disability re20 quests, desires, or needs such involvement;

21 and

22 ‘‘(v) support for individual and sys23 tems advocacy and community involve24 ment; and
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1 ‘‘(B) with respect to an entity, program, or

2 activity, means that the entity, program, or

3 activity—

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

5 by, individuals with disabilities and, when

6 appropriate, their family members, guard7 ians, advocates, or authorized representa8 tives;

9 ‘‘(ii) responds to the needs of individ10 uals with disabilities in a timely and appro11 priate manner; and

12 ‘‘(iii) facilitates the full and meaning13 ful participation of individuals with disabil14 ities (including individuals from underrep15 resented populations and rural popu16 lations) and their family members, guard17 ians, advocates, and authorized representa18 tives, in—

19 ‘‘(I) decisions relating to the pro20 vision of assistive technology devices

21 and assistive technology services to

22 such individuals; and

23 ‘‘(II) decisions related to the

24 maintenance, improvement, and eval25 uation of the comprehensive statewide
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1 program of technology-related assist2 ance, including decisions that affect

3 capacity building and advocacy activi4 ties.

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

6 a condition of an individual that is considered to be

7 a disability or handicap for the purposes of any Fed8 eral law other than this Act or for the purposes of

9 the law of the State in which the individual resides.

10 ‘‘(10) INDIVIDUAL WITH A DISABILITY; INDI11 VIDUALS WITH DISABILITIES.—

12 ‘‘(A) INDIVIDUAL WITH A DISABILITY.—

13 The term ‘individual with a disability’ means

14 any individual of any age, race, or ethnicity—

15 ‘‘(i) who has a disability; and

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

17 assistive technology device or an assistive

18 technology service to minimize deteriora19 tion in functioning, to maintain a level of

20 functioning, or to achieve a greater level of

21 functioning in any major life activity.

22 ‘‘(B) INDIVIDUALS WITH DISABILITIES.—

23 The term ‘individuals with disabilities’ means

24 more than one individual with a disability.
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1 ‘‘(11) INSTITUTION OF HIGHER EDUCATION.—

2 The term ‘institution of higher education’ has the

3 meaning given such term in section 101 of the High4 er Education Act of 1965 (20 U.S.C. 1141(a)), and

5 includes a community college receiving funding

6 under the Tribally Controlled Community College

7 Assistance Act of 1978 (25 U.S.C. 1801 et seq.).

8 ‘‘(12) PROTECTION AND ADVOCACY SERV9 ICES.—The term ‘protection and advocacy services’

10 means services that—

11 ‘‘(A) are described in part C of the Devel12 opmental Disabilities Assistance and Bill of

13 Rights Act (42 U.S.C. 6041 et seq.), the Pro14 tection and Advocacy for Mentally Ill Individ15 uals Act of 1986 (42 U.S.C. 10801 et seq.), or

16 section 509 of the Rehabilitation Act of 1973;

17 and

18 ‘‘(B) assist individuals with disabilities

19 with respect to assistive technology devices and

20 assistive technology services.

21 ‘‘(13) SECRETARY.—The term ‘Secretary’

22 means the Secretary of Education.

23 ‘‘(14) STATE.—

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

25 subparagraph (B), the term ‘State’ means each
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1 of the several States of the United States, the

2 District of Columbia, the Commonwealth of

3 Puerto Rico, the United States Virgin Islands,

4 Guam, American Samoa, and the Common5 wealth of the Northern Mariana Islands.

6 ‘‘(B) OUTLYING AREAS.—In sections 4(c)

7 and 5(b):

8 ‘‘(i) OUTLYING AREA.—The term ‘out9 lying area’ means the United States Virgin

10 Islands, Guam, American Samoa, and the

11 Commonwealth of the Northern Mariana

12 Islands.

13 ‘‘(ii) STATE.—The term ‘State’ does

14 not include the United States Virgin Is15 lands, Guam, American Samoa, and the

16 Commonwealth of the Northern Mariana

17 Islands.

18 ‘‘(15) TARGETED INDIVIDUALS.—The term

19 ‘targeted individuals’ means—

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

21 and their family members, guardians, advo22 cates, and authorized representatives;

23 ‘‘(B) individuals who work for public or

24 private entities (including insurers or managed
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1 care providers), that have contact with individ2 uals with disabilities;

3 ‘‘(C) educators and related services per4 sonnel;

5 ‘‘(D) technology experts (including engi6 neers);

7 ‘‘(E) health and allied health professionals;

8 ‘‘(F) employers; and

9 ‘‘(G) other appropriate individuals and en10 tities.

11 ‘‘(16) TECHNOLOGY-RELATED ASSISTANCE.—

12 The term ‘technology-related assistance’ means as13 sistance provided through capacity building and ad14 vocacy activities that accomplish the purposes de15 scribed in any of subparagraphs (A) through (G) of

16 section 2(b)(1).

17 ‘‘(17) UNDERREPRESENTED POPULATION.—

18 The term ‘underrepresented population’ means a

19 population that is typically underrepresented in serv20 ice provision, and includes populations such as per21 sons who have low-incidence disabilities, persons who

22 are minorities, poor persons, persons with limited23 English proficiency, older individuals, or persons

24 from rural areas.
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1 ‘‘(18) UNIVERSAL DESIGN.—The term ‘uni2 versal design’ means a concept or philosophy for de3 signing and delivering products and services that are

4 usable by people with the widest possible range of

5 functional capabilities, which include products and

6 services that are directly usable (without requiring

7 assistive technologies) and products and services

8 that are made usable with assistive technologies.

9 ‘‘SEC. 4. GRANTS TO STATES FOR PURCHASE OF ASSISTIVE

10 TECHNOLOGY DEVICES AND ASSISTIVE TECH11 NOLOGY SERVICES.

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

13 award grants, in accordance with this section, to States

14 to maintain comprehensive statewide programs of tech15 nology related assistance to support programs that are de16 signed to maximize the ability of individuals with disabil17 ities and their family members, guardians, advocates, and

18 authorized representatives to obtain assistive technology

19 devices and assistive technology services.

20 ‘‘(b) USE OF FUNDS.—

21 ‘‘(1) IN GENERAL.—

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

23 provided in subparagraph (C), any State that

24 receives a grant under this section shall use a

25 portion of the funds made available through the
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1 grant to carry out the activities described in

2 subparagraphs (A) and (B) of paragraph (2).

3 ‘‘(B) DISCRETIONARY ACTIVITIES.—Any

4 State that receives a grant under this section

5 may use the funds made available through the

6 grant to carry out the activities described in

7 subparagraph (C) or (D) of paragraph (2).

8 ‘‘(C) SPECIAL RULE.—Any State in which

9 financial support for the activities described in

10 subparagraph (A) or (B) of paragraph (2) is

11 provided from State or other resources shall not

12 be required to expend the funds provided under

13 the grant to carry out the activities described in

14 subparagraph (A) or (B), as the case may be.

15 Such financial support shall be comparable to

16 the amount of the grant the State would other17 wise have expended for such activities.

18 ‘‘(2) STATE-LEVEL ACTIVITIES.—

19 ‘‘(A) STATE FINANCE SYSTEMS.—The

20 State shall support activities to increase access

21 to, and funding for, assistive technology devices

22 and assistive technology services, including the

23 development of systems to provide assistive

24 technology devices and assistive technology

25 services to individuals with disabilities of all
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1 ages, and that pay for such devices and serv2 ices, such as—

3 ‘‘(i) the development of systems for

4 the purchase, lease, other acquisition, or

5 payment for the provision of assistive tech6 nology devices and assistive technology

7 services; or

8 ‘‘(ii) the establishment of alternative

9 State or privately funded systems of sub10 sidies for the provision of assistive tech11 nology devices or assistive technology serv12 ices, such as—

13 ‘‘(I) a low-interest loan fund;

14 ‘‘(II) an interest buy-down pro15 gram;

16 ‘‘(III) a revolving loan fund;

17 ‘‘(IV) a loan guarantee or insur18 ance program;

19 ‘‘(V) a program operated by a

20 partnership among private entities for

21 the purchase, lease, or other acquisi22 tion of assistive technology devices or

23 assistive technology services; or

24 ‘‘(VI) another mechanism ap25 proved by the Secretary.
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1 ‘‘(B) DEVICE LOAN PROGRAMS.—The

2 State shall directly, or in collaboration with

3 public or private entities, carry out device loan

4 programs that support the short-term loan of

5 assistive technology devices to individuals, em6 ployers, public agencies, public accommodations,

7 or others seeking to meet the needs of targeted

8 individuals, including to comply with the Indi9 viduals with Disabilities Education Act, the

10 Americans with Disabilities Act of 1990, and

11 section 504 of the Rehabilitation Act of 1973.

12 ‘‘(C) DEVICE REUTILIZATION PRO13 GRAMS.—The State shall directly, or in collabo14 ration with public or private entities, carry out

15 assistive technology device reutilization pro16 grams that provide for the exchange, recycling,

17 or other reutilization of assistive technology de18 vices, which may include redistribution through

19 device and equipment loans, rentals, or gifts.

20 ‘‘(D) DEVICE DEMONSTRATION PRO21 GRAM.—The State shall directly, or in collabo22 ration with public or private entities, carry out

23 assistive technology device demonstration pro24 grams that provide for the ability of targeted
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1 individuals to learn about the use and operation

2 of assistive technology devices.

3 ‘‘(3) STATE LEADERSHIP ACTIVITIES.—

4 ‘‘(A) IN GENERAL.—Any State that re5 ceives a grant under this section may use up to

6 40 percent of the funds made available through

7 the grant to carry out the activities described in

8 subparagraph (B).

9 ‘‘(B) REQUIRED ACTIVITIES.—The State

10 shall support—

11 ‘‘(i) public awareness activities de12 signed to provide information to targeted

13 individuals relating to the availability and

14 benefits of assistive technology devices and

15 assistive technology services, including—

16 ‘‘(I) the development and dis17 semination of information relating

18 to—

19 ‘‘(aa) the nature of assistive

20 technology devices and assistive

21 technology services;

22 ‘‘(bb) the appropriateness

23 of, cost of, availability of, evalua24 tion of, and access to, assistive
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1 technology devices and assistive

2 technology services; and

3 ‘‘(cc) the benefits of assist4 ive technology devices and assist5 ive technology services with re6 spect to enhancing the capacity

7 of individuals with disabilities of

8 all ages to perform activities of

9 daily living;

10 ‘‘(II) the development of proce11 dures for providing direct communica12 tion between providers of assistive

13 technology and targeted individuals,

14 which may include partnerships with

15 the State and local workforce invest16 ment system established under the

17 Workforce Investment Act of 1998,

18 State vocational rehabilitation centers,

19 public and private employers, or ele20 mentary and secondary public schools;

21 and

22 ‘‘(III) the development and dis23 semination, to targeted individuals, of

24 information about State efforts re25 lated to assistive technology; and
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1 ‘‘(IV) the distribution of mate2 rials to appropriate public and private

3 agencies that provide social, medical,

4 educational, employment, and trans5 portation services to individuals with

6 disabilities.

7 ‘‘(ii) technical assistance and training

8 on—

9 ‘‘(I) the development of training

10 materials and the conduct of training

11 in the use of assistive technology de12 vices and assistive technology services;

13 ‘‘(II) providing technical assist14 ance, including technical assistance

15 concerning how—

16 ‘‘(aa) to consider the needs

17 of an individual with a disability

18 for assistive technology devices

19 and assistive technology services

20 in developing any individualized

21 plan or program authorized

22 under Federal or State law; and

23 ‘‘(bb) to increase consumer

24 participation regarding assistive
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1 technology devices and assistive

2 technology services; and

3 ‘‘(III) the enhancement of the as4 sistive technology skills and com5 petencies of—

6 ‘‘(aa) individuals who work

7 for public or private entities (in8 cluding insurers and managed

9 care providers), who have contact

10 with individuals with disabilities;

11 ‘‘(bb) educators and related

12 services personnel;

13 ‘‘(cc) technology experts (in14 cluding engineers);

15 ‘‘(dd) health and allied

16 health professionals;

17 ‘‘(ee) employers; and

18 ‘‘(ff) other appropriate per19 sonnel; and

20 ‘‘(iii) outreach and support to state21 wide and community-based organizations

22 that provide assistive technology devices

23 and assistive technology services to individ24 uals with disabilities or that assist individ25 uals with disabilities in using assistive
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1 technology devices and assistive technology

2 services, including a focus on organizations

3 assisting individuals from underrep4 resented populations and rural populations,

5 and further including support such as out6 reach to consumer organizations and

7 groups in the State to coordinate efforts to

8 assist individuals with disabilities of all

9 ages and their family members, guardians,

10 advocates, or authorized representatives, to

11 obtain funding for, access to, and informa12 tion on evaluation of assistive technology

13 devices and assistive technology services.

14 ‘‘(C) AUTHORIZED ACTIVITIES.—The State

15 may support the operation and administration

16 of the activities in paragraph (2), through inter17 agency coordination to develop and promote the

18 adoption of policies that improve access to as19 sistive technology devices and assistive tech20 nology services for individuals with disabilities

21 of all ages in the State and that result in im22 proved coordination among public and private

23 entities that are responsible or have the author24 ity to be responsible, for policies, procedures, or

25 funding for, or the provision of assistive tech-
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1 nology devices and assistive technology services

2 to, such individuals.

3 ‘‘(4) INDIRECT COSTS.—Not more than 10 per4 cent of the funds made available through a grant to

5 a State under this section may be used for indirect

6 costs.

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

8 through a grant to a State under this section shall

9 not be used for direct payment for an assistive tech10 nology device for an individual with a disability.

11 ‘‘(6) STATE FLEXIBILITY.—

12 ‘‘(A) IN GENERAL.—Notwithstanding para13 graph (1)(A) and subject to subparagraph (B),

14 a State may use funds that it receives under a

15 grant under this section to carry out any of the

16 activities described in paragraph (2).

17 ‘‘(B) SPECIAL RULE.—Notwithstanding

18 paragraph (3)(A), any State which exercises its

19 authority under subparagraph (A) may not use

20 more than 30 percent of the funds made avail21 able through the grant to carry out the activi22 ties described in paragraph (3)(B).

23 ‘‘(c) AMOUNT OF FINANCIAL ASSISTANCE.—

24 ‘‘(1) GRANTS TO OUTLYING AREAS.—From the

25 funds appropriated under section 8(a) for any fiscal
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1 year for grants under this section, the Secretary

2 shall make a grant in an amount of not more than

3 $105,000 to each eligible outlying area.

4 ‘‘(2) GRANTS TO STATES.—From the funds de5 scribed in paragraph (1) that are not used to make

6 grants under paragraph (1), the Secretary shall

7 make grants to States in accordance with the re8 quirements described in paragraph (3).

9 ‘‘(3) CALCULATION OF STATE GRANTS.—

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

11 subparagraph (B), the Secretary shall allocate

12 funds to each State for a fiscal year in an

13 amount that bears the same ratio as the popu14 lation of the State bears to the population of all

15 States.

16 ‘‘(B) MINIMUM ALLOTMENT.—A State

17 shall receive an amount under a grant for a fis18 cal year that is not less than the amount the

19 State received under the grant provided under

20 title I of this Act (as in effect on the day before

21 the date of the enactment of the Improving Ac22 cess to Assistive Technology for Individuals

23 with Disabilities Act of 2004) for fiscal year

24 2004.

25 ‘‘(C) RATABLE REDUCTIONS.—
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1 ‘‘(i) IN GENERAL.—If amounts made

2 available to carry out this section for any

3 fiscal year are insufficient to meet the min4 imum allotment requirement for each State

5 under subparagraph (B) for such fiscal

6 year, the Secretary shall ratably reduce

7 such amounts for such fiscal year.

8 ‘‘(ii) ADDITIONAL FUNDS.—If addi9 tional funds become available for making

10 payments described under this subsection

11 for any such fiscal year, the amounts that

12 were reduced under clause (i) shall be in13 creased on the same basis as such amounts

14 were reduced.

15 ‘‘(d) LEAD AGENCY.—

16 ‘‘(1) DESIGNATION.—To be eligible to receive a

17 grant under this section, the Governor of the State

18 shall designate in accordance with paragraph (2) a

19 lead agency to administer the grant under this sec20 tion.

21 ‘‘(2) ELIGIBLE ENTITIES.—For purposes of

22 paragraph (1), the Governor of the State may des23 ignate one of the following:
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1 ‘‘(A) The State agency responsible for the

2 administration of vocational rehabilitation in

3 the State.

4 ‘‘(B) A commission, council, or other offi5 cial body appointed by the Governor.

6 ‘‘(C) A public-private partnership or con7 sortium.

8 ‘‘(D) A public agency (including the office

9 of the Governor, a State oversight office, a

10 State agency, a public institution of higher edu11 cation, or other public entity).

12 ‘‘(E) A council established under Federal

13 or State law.

14 ‘‘(F) An organization described in section

15 501(c)(3) of Internal Revenue Code of 1986

16 and exempt from tax under section 501(a) of

17 that Act.

18 ‘‘(G) Another appropriate office, agency,

19 entity, or organization.

20 ‘‘(3) DUTIES OF THE LEAD AGENCY.—The du21 ties of the lead agency shall include—

22 ‘‘(A) submitting the application described

23 in subsection (e) on behalf of the State;
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1 ‘‘(B) administering and supervising the use

2 of amounts made available under the grant re3 ceived by the State under this section;

4 ‘‘(C) (i) coordinating efforts related to, and

5 supervising the preparation of, the application

6 described in subsection (e);

7 ‘‘(ii) coordinating, maintaining, and evalu8 ating the comprehensive statewide program of

9 technology-related assistance among public

10 agencies and between public agencies and pri11 vate entities, including coordinating efforts re12 lated to entering into interagency agreements;

13 and

14 ‘‘(iii) coordinating efforts, especially efforts

15 carried out with entities that provide protection

16 and advocacy services described in section 5, re17 lated to the active, timely, and meaningful par18 ticipation by individuals with disabilities and

19 their family members, guardians, advocates, or

20 authorized representatives, and other appro21 priate individuals, with respect to activities car22 ried out under the grant;

23 ‘‘(D) delegating, in whole or in part, any

24 responsibilities described in subparagraph (A),
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1 (B), or (C) to one or more appropriate offices,

2 agencies, entities, or individuals; and

3 ‘‘(E) establishing a partnership or partner4 ships with private providers of social, medical,

5 educational, employment, and transportation

6 services to individuals with disabilities.

7 ‘‘(4) CHANGE IN LEAD AGENCY.—The Governor

8 may change the lead agency of the State (to an

9 agency other than the lead agency of the State as

10 of the date of the enactment of the Improving Ac11 cess to Assistive Technology for Individuals with

12 Disabilities Act of 2004) if the Governor provides a

13 justification in the application to the Secretary for

14 such action. Nothing in this subsection shall be con15 strued to require the Governor of a State to change

16 the lead agency of the State to an agency other than

17 the lead agency of such State as of the date of the

18 enactment of the Improving Access to Assistive

19 Technology for Individuals with Disabilities Act of

20 2004.

21 ‘‘(e) STATE APPLICATION.—

22 ‘‘(1) SUBMISSION.—Any State that desires to

23 receive a grant under this section shall submit to the

24 Secretary an application at such time and in such

25 manner as the Secretary may specify.
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1 ‘‘(2) CONTENT.—Each application shall con2 tain, at a minimum, the following information:

3 ‘‘(A) PLANNED ACTIVITIES.—A description

4 of those activities described in subsection (b)(2)

5 that the State will carry out under the grant.

6 ‘‘(B) MEASURABLE GOALS.—A description

7 of—

8 ‘‘(i) the measurable goals the State

9 has set for addressing the assistive tech10 nology needs of individuals with disabilities

11 in the State, including any measurable

12 goals, and a timeline for meeting such

13 goals, related to—

14 ‘‘(I) education, including goals

15 involving the provision of assistive

16 technology to individuals with disabil17 ities that receive services under the

18 Individuals with Disabilities Edu19 cation Act;

20 ‘‘(II) employment, including

21 goals involving the State vocational

22 rehabilitation program carried out

23 under title I of the Rehabilitation Act

24 of 1973;
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1 ‘‘(III) telecommunication and in2 formation technology; and

3 ‘‘(IV) community living; and

4 ‘‘(ii) how the State will quantifiably

5 measure the goals to determine whether

6 the goals have been achieved.

7 ‘‘(C) INVOLVEMENT OF INDIVIDUALS WITH

8 DISABILITIES OF ALL AGES AND THEIR FAMI9 LIES.—A description of how individuals with

10 disabilities of all ages and their families—

11 ‘‘(i) were involved in selecting—

12 ‘‘(I) the goals;

13 ‘‘(II) the activities to be under14 taken in achieving the goals; and

15 ‘‘(III) the measures to be used in

16 judging if the goals have been

17 achieved; and

18 ‘‘(ii) will be involved in measuring

19 whether the goals have been achieved.

20 ‘‘(D) STATE SUPPORT.—A description of

21 those activities described in subsection (b)(2)

22 that the State will support under the grant, in23 cluding at a minimum the State’s plans to pro24 vide financial support, consistent with sub-
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1 section (b)(1), for the activities described in

2 subparagraphs (A) and (B) of such subsection.

3 ‘‘(E) ASSURANCE.—An assurance that the

4 physical location of the entity responsible for

5 conducting the State activities under this Act

6 meets the requirements of the Americans with

7 Disabilities Act of 1990 regarding accessibility

8 for individuals with disabilities.

9 ‘‘(F) OTHER INFORMATION.—Such other

10 information as the Secretary may reasonably

11 require.

12 ‘‘SEC. 5. GRANTS TO STATES FOR PROTECTION AND ADVO13 CACY RELATED TO ASSISTIVE TECHNOLOGY.

14 ‘‘(a) GRANTS TO STATES.—

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

16 grant to an entity in each State to support protec17 tion and advocacy services through the systems es18 tablished to provide protection and advocacy services

19 under the Developmental Disabilities Assistance and

20 Bill of Rights Act (42 U.S.C. 6000 et seq.) for the

21 purposes of assisting in the acquisition, utilization,

22 or maintenance of assistive technology or assistive

23 technology services for individuals with disabilities.

24 ‘‘(2) SPECIAL RULE.—Notwithstanding para25 graph (1), for a State that, on the day before the
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1 date of the enactment of the Improving Access to

2 Assistive Technology for Individuals with Disabilities

3 Act of 2004, was described in section 102(a)(2) of

4 this Act, the Secretary shall make the grant to the

5 lead agency designated under section 4(d). The lead

6 agency shall determine how the funds made available

7 under this section shall be divided among the enti8 ties that were providing protection and advocacy

9 services in that State on that day, and distribute the

10 funds to the entities. In distributing the funds, the

11 lead agency shall not establish any further eligibility

12 or procedural requirements for an entity in that

13 State that supports protection and advocacy services

14 through the systems established to provide protec15 tion and advocacy services under the Developmental

16 Disabilities Assistance and Bill of Rights Act of

17 2000 (42 U.S.C. 15001 et seq.). Such an entity

18 shall comply with the same requirements (including

19 reporting and enforcement requirements) as any

20 other entity that received funding under paragraph

21 (1).

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

23 ‘‘(1) GRANTS TO OUTLYING AREAS AND AMER24 ICAN INDIAN CONSORTIUM.—
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1 ‘‘(A) OUTLYING AREAS.—From the funds

2 appropriated under section 8(b) for any fiscal

3 year, the Secretary shall make a grant in an

4 amount of not more than $30,000 to each eligi5 ble system within an outlying area.

6 ‘‘(B) AMERICAN INDIAN CONSORTIUM.—

7 From the funds appropriated under section 8(b)

8 for any fiscal year, the Secretary shall make a

9 grant in an amount of not more than $30,000

10 to the American Indian Consortium to provide

11 services in the same manner as an eligible sys12 tem described under this section. If the amount

13 appropriated under section 8(b) for a fiscal year

14 exceeds the amount appropriated under such

15 section for the preceding fiscal year, then the

16 amount referred to in the preceding sentence

17 shall be increased for such fiscal year by the

18 same percentage as such amount appropriated

19 under section 8(b) exceeds the amount appro20 priated under such section for the preceding fis21 cal year.

22 ‘‘(2) GRANTS TO STATES.—For any fiscal year,

23 after reserving funds to make grants under para24 graph (1), the Secretary shall make allotments from

25 the remainder of the funds in accordance with para-
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•HR 4278 EH

1 graph (3) to eligible systems within States to sup2 port protection and advocacy services as described in

3 subsection (a). The Secretary shall make grants to

4 the eligible systems from the allotments.

5 ‘‘(3) SYSTEMS WITHIN STATES.—

6 ‘‘(A) POPULATION BASIS.—Except as pro7 vided in subparagraph (B), from such remain8 der for each fiscal year, the Secretary shall

9 make an allotment to the eligible system within

10 a State of an amount bearing the same ratio to

11 such remainder as the population of the State

12 bears to the population of all States.

13 ‘‘(B) MINIMUMS.—Subject to the avail14 ability of appropriations to carry out this sec15 tion, the allotment to any system under sub16 paragraph (A) shall be not less than $50,000,

17 and the allotment to any system under this

18 paragraph for any fiscal year that is less than

19 $50,000 shall be increased to $50,000.

20 ‘‘(4) REALLOTMENT.—Whenever the Secretary

21 determines that any amount of an allotment under

22 paragraph (3) to a system within a State for any fis23 cal year will not be expended by such system in car24 rying out the provisions of this section, the Sec25 retary shall make such amount available for carrying
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•HR 4278 EH

1 out the provisions of this section to all other systems

2 in the same proportion such amounts were first allo3 cated to such systems.

4 ‘‘(5) CARRYOVER.—Any amount paid to an eli5 gible system for a fiscal year under this section that

6 remains unobligated at the end of such fiscal year

7 shall remain available to such system for obligation

8 during the subsequent fiscal year, except that pro9 gram income generated from such amount shall re10 main available for two additional fiscal years and

11 may only be used to improve the awareness of indi12 viduals with disabilities on the accessibility of assist13 ive technology and assisting such individuals in the

14 acquisition, utilization, or maintenance of assistive

15 technology or assistive technology services.

16 ‘‘(c) REPORT TO SECRETARY.—An entity that re17 ceives a grant under this section shall annually prepare

18 and submit to the Secretary a report that contains such

19 information as the Secretary may require, including docu20 mentation of the progress of the entity in—

21 ‘‘(1) conducting consumer-responsive activities,

22 including activities that will lead to increased access,

23 for individuals with disabilities, to funding for assist24 ive technology devices and assistive technology serv25 ices;
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•HR 4278 EH

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

2 securing assistive technology and assistive tech3 nology services for individuals with disabilities;

4 ‘‘(3) engaging in formal representation for indi5 viduals with disabilities to secure systems change,

6 and in advocacy activities to secure assistive tech7 nology and assistive technology services for individ8 uals with disabilities;

9 ‘‘(4) developing and implementing strategies to

10 enhance the long-term abilities of individuals with

11 disabilities and their family members, guardians, ad12 vocates, and authorized representatives to advocate

13 the provision of assistive technology devices and as14 sistive technology services to which the individuals

15 with disabilities are entitled under law other than

16 this Act;

17 ‘‘(5) coordinating activities with protection and

18 advocacy services funded through sources other than

19 this Act, and coordinating activities with the capac20 ity building and advocacy activities carried out by

21 the lead agency; and

22 ‘‘(6) effectively allocating carryover funds de23 scribed in subsection (b)(5) to improve the aware24 ness of individuals with disabilities on the accessi25 bility of assistive technology and assisting them in
40

•HR 4278 EH

1 the acquisition, utilization, or maintenance of assist2 ive technology or assistive technology services.

3 ‘‘(d) REPORTS AND UPDATES TO STATE AGEN4 CIES.—An entity that receives a grant under this section

5 shall prepare and submit to the lead agency the report

6 described in subsection (c) and quarterly updates con7 cerning the activities described in subsection (c).

8 ‘‘(e) COORDINATION.—On making a grant under this

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

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

11 designated under section 4(d) with respect to efforts at

12 coordination, collaboration, and promoting outcomes be13 tween the lead agency and the entity that receives the

14 grant under this section.

15 ‘‘SEC. 6. ADMINISTRATIVE PROVISIONS.

16 ‘‘(a) GENERAL ADMINISTRATION.—Notwithstanding

17 any other provision of law, the Rehabilitation Services Ad18 ministration in the Office of Special Education and Reha19 bilitative Services of the Department of Education shall

20 be responsible for the administration of this Act.

21 ‘‘(b) REVIEW OF PARTICIPATING ENTITIES.—

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

23 the extent to which entities that receive grants pur24 suant to this Act are complying with the applicable

25 requirements of this Act and achieving the quantifi-
41

•HR 4278 EH

1 able, measurable goals that are consistent with the

2 requirements of the grant programs under which the

3 entities applied for the grants.

4 ‘‘(2) PROVISION OF INFORMATION.—To assist

5 the Secretary in carrying out the responsibilities of

6 the Secretary under this section, the Secretary may

7 require States to provide relevant information, in8 cluding the information required under subsection

9 (d).

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

11 ‘‘(1) CORRECTIVE ACTION.—If the Secretary

12 determines that an entity fails to substantially com13 ply with the requirements of this Act or to substan14 tially make progress towards meeting the goals es15 tablished under section 4(e)(2)(B) with respect to a

16 grant program, the Secretary shall assist the entity

17 through technical assistance funded under section 7

18 or other means, within 90 days after such deter19 mination, to develop a corrective action plan.

20 ‘‘(2) SANCTIONS.—An entity that fails to de21 velop and comply with a corrective action plan as de22 scribed in paragraph (1) during a fiscal year shall

23 be subject to one of the following corrective actions

24 selected by the Secretary:
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•HR 4278 EH

1 ‘‘(A) Partial or complete withholding of

2 funds under the grant program until such plan

3 is developed and implemented.

4 ‘‘(B) Reduction in the amount of funding

5 that may be used for indirect costs under sec6 tion 4(b)(4) for the following year under the

7 grant program.

8 ‘‘(C) Required redesignation of the lead

9 agency designated under section 4(d) or an en10 tity responsible for administering the grant pro11 gram.

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

13 shall establish appeals procedures for entities that

14 are found to be in noncompliance with the require15 ments of this Act or have not substantially made

16 progress towards meeting the goals established

17 under section 4(e)(2)(B).

18 ‘‘(4) SECRETARIAL ACTION.—As part of the an19 nual report required under subsection (d), the Sec20 retary shall describe each such action taken under

21 paragraph (1) or (2) and the outcomes of each such

22 action.

23 ‘‘(5) PUBLIC NOTIFICATION.—The Secretary

24 shall notify the public by posting on the Internet

25 website of the Department of Education of each ac-
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•HR 4278 EH

1 tion taken by the Secretary under paragraph (1) or

2 (2). As a part of such notification, the Secretary

3 shall describe each such action taken under para4 graph (1) or (2) and the outcomes of each such ac5 tion.

6 ‘‘(d) ANNUAL REPORT.—

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

8 31 of each year, the Secretary shall prepare, and

9 submit to the President and to the Committee on

10 Education and the Workforce of the House of Rep11 resentatives and the Committee on Health, Edu12 cation, Labor, and Pensions of the Senate, a report

13 on the activities funded under this Act to improve

14 the access of individuals with disabilities to assistive

15 technology devices and assistive technology services.

16 ‘‘(2) CONTENTS.—Such report shall include in17 formation on—

18 ‘‘(A) the type of alternative financing

19 mechanisms used by each State under the pro20 gram;

21 ‘‘(B) the amount and type of assistance

22 given to consumers (who shall be classified by

23 age, type of disability, type of assistive tech24 nology device or assistive technology service fi25 nanced through the program, geographic dis-
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•HR 4278 EH

1 tribution within the State, gender, and whether

2 the consumers are part of an underrepresented

3 population or rural population), including—

4 ‘‘(i) the number of applications for as5 sistance received;

6 ‘‘(ii) the number of applications ap7 proved and rejected;

8 ‘‘(iii) the default rate;

9 ‘‘(iv) the range and average interest

10 rate;

11 ‘‘(v) the range and average income of

12 approved loan applicants; and

13 ‘‘(vi) the types and dollar amounts of

14 assistive technology financed;

15 ‘‘(C) the number, type, and length of time

16 of loans of assistive technology devices provided

17 to individuals with disabilities, employers, public

18 agencies, or public accomodations, including an

19 analysis of the individuals with disabilities who

20 have benefited from the device loan program;

21 ‘‘(D) the number, type, estimated value,

22 and scope of device reutilization programs, in23 cluding an analysis of the individuals with dis24 abilities that have benefited from the device

25 loan program;
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1 ‘‘(E) the number and type of equipment

2 demonstrations provided, including an analysis

3 of individuals with disabilities who have bene4 fited from the program;

5 ‘‘(F) a summary of the State plans and

6 annual reports submitted by the States, includ7 ing an analysis of the progress of the States in

8 meeting their goals established in the State ap9 plication;

10 ‘‘(G) the number of individuals who re11 ceived training and the topics of such training;

12 ‘‘(H) the frequency and nature of technical

13 assistance provided to State and local govern14 mental agencies and other entities; and

15 ‘‘(I) the outcomes of interagency coordina16 tion and collaboration activities carried out by

17 the State, as applicable, that support access to

18 assistive technology including the type, purpose,

19 and source of leveraged funding or other con20 tributed resources from public and private enti21 ties.

22 ‘‘(e) EFFECT ON OTHER ASSISTANCE.—This Act

23 may not be construed as authorizing a Federal or a State

24 agency to reduce medical or other assistance available, or
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1 to alter eligibility for a benefit or service, under any other

2 Federal law.

3 ‘‘SEC. 7. NATIONAL ACTIVITIES.

4 ‘‘(a) IN GENERAL.—Through grants, contracts, or

5 cooperative agreements, awarded on a competitive basis,

6 the Secretary is authorized to provide technical assistance

7 to entities, principally entities funded under section 4 or

8 5.

9 ‘‘(b) INPUT.—In designing the program to be funded

10 under this section, and in deciding the differences in func11 tion between national and regionally based technical as12 sistance efforts carried out through the program, the Sec13 retary shall consider the input of the directors of com14 prehensive statewide programs of technology-related as15 sistance and other individuals the Secretary determines to

16 be appropriate, especially—

17 ‘‘(1) individuals with disabilities who use assist18 ive technology and understand the barriers to the ac19 quisition of such technology and assistive technology

20 services;

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

22 authorized representatives of such individuals; and

23 ‘‘(3) individuals employed by protection and ad24 vocacy systems funded under section 5.
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1 ‘‘(c) AUTHORIZED ACTIVITIES.—The Secretary shall

2 support activities designed to maximize the impact and

3 benefit of assistive technology devices and assistive tech4 nology services for individuals with disabilities, including

5 the following activities:

6 ‘‘(1) NATIONAL PUBLIC INTERNET SITE.—

7 ‘‘(A) ESTABLISHMENT OF INTERNET

8 SITE.—The Secretary shall fund the establish9 ment and maintenance of a National Public

10 Internet Site for the purposes of providing to

11 individuals with disabilities and the general

12 public technical assistance and information on

13 increased access to assistive technology devices,

14 assistive technology services, and other dis15 ability-related resources.

16 ‘‘(B) ELIGIBLE ENTITY.—To be eligible to

17 receive a grant or enter into a contract or coop18 erative agreement under subsection (a) to es19 tablish and maintain the Internet site, an entity

20 shall be an institution of higher education that

21 emphasizes research and engineering, has a

22 multidisciplinary research center, and has dem23 onstrated expertise in—
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1 ‘‘(i) working with assistive technology

2 and intelligent agent interactive informa3 tion dissemination systems;

4 ‘‘(ii) managing libraries of assistive

5 technology and disability-related resources;

6 ‘‘(iii) delivering education, informa7 tion, and referral services to individuals

8 with disabilities, including technology9 based curriculum development services for

10 adults with low-level reading skills;

11 ‘‘(iv) developing cooperative partner12 ships with the private sector, particularly

13 with private sector computer software,

14 hardware, and Internet services entities;

15 and

16 ‘‘(v) developing and designing ad17 vanced Internet sites.

18 ‘‘(C) FEATURES OF INTERNET SITE.—The

19 National Public Internet Site described in sub20 paragraph (A) shall contain the following fea21 tures:

22 ‘‘(i) AVAILABILITY OF INFORMATION

23 AT ANY TIME.—The site shall be designed

24 so that any member of the public may ob-
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1 tain information posted on the site at any

2 time.

3 ‘‘(ii) INNOVATIVE AUTOMATED INTEL4 LIGENT AGENT.—The site shall be con5 structed with an innovative automated in6 telligent agent that is a diagnostic tool for

7 assisting users in problem definition and

8 the selection of appropriate assistive tech9 nology devices and assistive technology

10 services resources.

11 ‘‘(iii) RESOURCES.—

12 ‘‘(I) LIBRARY ON ASSISTIVE

13 TECHNOLOGY.—The site shall include

14 access to a comprehensive working li15 brary on assistive technology for all

16 environments, including home, work17 place, transportation, and other envi18 ronments.

19 ‘‘(II) RESOURCES FOR A NUMBER

20 OF DISABILITIES.—The site shall in21 clude resources relating to the largest

22 possible number of disabilities, includ23 ing resources relating to low-level

24 reading skills.
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1 ‘‘(iv) LINKS TO PRIVATE SECTOR RE2 SOURCES AND INFORMATION.—To the ex3 tent feasible, the site shall be linked to rel4 evant private sector resources and informa5 tion, under agreements developed between

6 the institution of higher education and co7 operating private sector entities.

8 ‘‘(D) MINIMUM LIBRARY COMPONENTS.—

9 At a minimum, the Internet site shall maintain

10 updated information on—

11 ‘‘(i) how to plan, develop, implement,

12 and evaluate activities to further extend

13 comprehensive statewide programs of tech14 nology-related assistance, including the de15 velopment and replication of effective ap16 proaches to—

17 ‘‘(I) providing information and

18 referral services;

19 ‘‘(II) promoting interagency co20 ordination of training and service de21 livery among public and private enti22 ties;

23 ‘‘(III) conducting outreach to

24 underrepresented populations and

25 rural populations;
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1 ‘‘(IV) mounting successful public

2 awareness activities;

3 ‘‘(V) improving capacity building

4 in service delivery;

5 ‘‘(VI) training personnel from a

6 variety of disciplines; and

7 ‘‘(VII) improving evaluation

8 strategies, research, and data collec9 tion;

10 ‘‘(ii) effective approaches to the devel11 opment of consumer-controlled systems

12 that increase access to, funding for, and

13 awareness of, assistive technology devices

14 and assistive technology services;

15 ‘‘(iii) successful approaches to increas16 ing the availability of public and private

17 funding for and access to the provision of

18 assistive technology devices and assistive

19 technology services by appropriate State

20 agencies; and

21 ‘‘(iv) demonstration sites where indi22 viduals may try out assistive technology.

23 ‘‘(2) TECHNICAL ASSISTANCE EFFORTS.—The

24 Secretary shall, on a competitive basis, make grants
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1 to, or enter into cooperative agreements with, eligi2 ble entities—

3 ‘‘(A) to address State-specific information

4 requests concerning assistive technology from

5 other entities funded under this Act and public

6 entities not funded under this Act, including—

7 ‘‘(i) requests for state-of-the-art, or

8 model, Federal, State, and local laws, regu9 lations, policies, practices, procedures, and

10 organizational structures, that facilitate,

11 and overcome barriers to, funding for, and

12 access to, assistive technology devices and

13 assistive technology services;

14 ‘‘(ii) requests for examples of policies,

15 practices, procedures, regulations, or judi16 cial decisions that have enhanced or may

17 enhance access to funding for assistive

18 technology devices and assistive technology

19 services for individuals with disabilities;

20 ‘‘(iii) requests for information on ef21 fective approaches to Federal-State coordi22 nation of programs for individuals with

23 disabilities, related to improving funding

24 for or access to assistive technology devices
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1 and assistive technology services for indi2 viduals with disabilities of all ages;

3 ‘‘(iv) requests for information on ef4 fective approaches to the development of

5 consumer-controlled systems that increase

6 access to, funding for, and awareness of,

7 assistive technology devices and assistive

8 technology services;

9 ‘‘(v) other requests for technical as10 sistance from other entities funded under

11 this Act and public entities not funded

12 under this Act; and

13 ‘‘(vi) other assignments specified by

14 the Secretary, including assisting entities

15 described in section 6(b) to develop correc16 tive action plans; and

17 ‘‘(B) to assist targeted individuals by dis18 seminating information about—

19 ‘‘(i) Federal, State, and local laws,

20 regulations, policies, practices, procedures,

21 and organizational structures, that facili22 tate, and overcome barriers to, funding for,

23 and access to, assistive technology devices

24 and assistive technology services, to pro25 mote fuller independence, productivity, and
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1 inclusion in society for individuals with dis2 abilities of all ages; and

3 ‘‘(ii) technical assistance activities un4 dertaken under subparagraph (A).

5 ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to compete

6 for grants, contracts, and cooperative agreements under

7 this section, entities shall have documented experience

8 with and expertise in assistive technology service delivery

9 or systems, interagency coordination, and capacity build10 ing and advocacy activities.

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

12 contract, or cooperative agreement under this section, an

13 entity shall submit an application to the Secretary at such

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

15 the Secretary may require.

16 ‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

17 ‘‘(a) STATE GRANTS FOR ASSISTIVE TECHNOLOGY;

18 NATIONAL ACTIVITIES.—There are authorized to be ap19 propriated to carry out sections 4 and 7 of this Act

20 $21,524,000 for fiscal year 2005 and such sums as may

21 be necessary for each of fiscal years 2006 through 2010.

22 Of the amount appropriated pursuant to the authorization

23 of appropriations under this subsection for a fiscal year,

24 not more than $1,235,000 may be made available to carry

25 out section 7 of this Act.
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1 ‘‘(b) STATE GRANTS FOR PROTECTION AND ADVO2 CACY.—There are authorized to be appropriated to carry

3 out section 5 of this Act $4,419,000 for fiscal year 2005

4 and such sums as may be necessary for each of fiscal years

5 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

disabilities, and for other purposes.the assistive technology needs of individuals withsupport programs of grants to States to address