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program of technology-related assist-
ance, including decisions that affect 
capacity building and advocacy activi-
ties. 
‘‘(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 Fed-
eral 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; INDI-
VIDUALS 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 deteriora-
tion 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.
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‘‘(11) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given such term in section 101 of the High-
er 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
SERV-
ICES.—The term ‘protection and advocacy services’ 
means services that— 
‘‘(A) are described in part C of the Devel-
opmental Disabilities Assistance and Bill of 
Rights Act (42 U.S.C. 6041 et seq.), the Pro-
tection and Advocacy for Mentally Ill Individ-
uals 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
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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 Common-
wealth of the Northern Mariana Islands. 
‘‘(B) OUTLYING AREAS.—In sections 4(c) 
and 5(b): 
‘‘(i) OUTLYING AREA.—The term ‘out-
lying 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 Is-
lands, 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, advo-
cates, and authorized representatives; 
‘‘(B) individuals who work for public or 
private entities (including insurers or managed
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care providers), that have contact with individ-
uals with disabilities; 
‘‘(C) educators and related services per-
sonnel; 
‘‘(D) technology experts (including engi-
neers); 
‘‘(E) health and allied health professionals; 
‘‘(F) employers; and 
‘‘(G) other appropriate individuals and en-
tities. 
‘‘(16) TECHNOLOGY-RELATED
ASSISTANCE.— 
The term ‘technology-related assistance’ means as-
sistance provided through capacity building and ad-
vocacy activities that accomplish the purposes de-
scribed 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 serv-
ice provision, and includes populations such as per-
sons who have low-incidence disabilities, persons who 
are minorities, poor persons, persons with limited- 
English proficiency, older individuals, or persons 
from rural areas.
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‘‘(18) UNIVERSAL
DESIGN.—The term ‘uni-
versal design’ means a concept or philosophy for de-
signing 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 TECH-
NOLOGY SERVICES. 
‘‘(a) GRANTS
TO
STATES.—The Secretary shall 
award grants, in accordance with this section, to States 
to maintain comprehensive statewide programs of tech-
nology related assistance to support programs that are de-
signed to maximize the ability of individuals with disabil-
ities 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
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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 other-
wise 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
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ages, and that pay for such devices and serv-
ices, such as— 
‘‘(i) the development of systems for 
the purchase, lease, other acquisition, or 
payment for the provision of assistive tech-
nology devices and assistive technology 
services; or 
‘‘(ii) the establishment of alternative 
State or privately funded systems of sub-
sidies for the provision of assistive tech-
nology devices or assistive technology serv-
ices, such as— 
‘‘(I) a low-interest loan fund; 
‘‘(II) an interest buy-down pro-
gram; 
‘‘(III) a revolving loan fund; 
‘‘(IV) a loan guarantee or insur-
ance program; 
‘‘(V) a program operated by a 
partnership among private entities for 
the purchase, lease, or other acquisi-
tion of assistive technology devices or 
assistive technology services; or 
‘‘(VI) another mechanism ap-
proved by the Secretary.
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‘‘(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, em-
ployers, public agencies, public accommodations, 
or others seeking to meet the needs of targeted 
individuals, including to comply with the Indi-
viduals with Disabilities Education Act, the 
Americans with Disabilities Act of 1990, and 
section 504 of the Rehabilitation Act of 1973. 
‘‘(C) 
DEVICE
REUTILIZATION
PRO-
GRAMS.—The State shall directly, or in collabo-
ration with public or private entities, carry out 
assistive technology device reutilization pro-
grams that provide for the exchange, recycling, 
or other reutilization of assistive technology de-
vices, which may include redistribution through 
device and equipment loans, rentals, or gifts. 
‘‘(D) 
DEVICE
DEMONSTRATION
PRO-
GRAM.—The State shall directly, or in collabo-
ration with public or private entities, carry out 
assistive technology device demonstration pro-
grams that provide for the ability of targeted
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individuals to learn about the use and operation 
of assistive technology devices. 
‘‘(3) STATE LEADERSHIP ACTIVITIES.— 
‘‘(A) IN
GENERAL.—Any State that re-
ceives 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 de-
signed 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 dis-
semination of information relating 
to— 
‘‘(aa) the nature of assistive 
technology devices and assistive 
technology services; 
‘‘(bb) the appropriateness 
of, cost of, availability of, evalua-
tion of, and access to, assistive
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technology devices and assistive 
technology services; and 
‘‘(cc) the benefits of assist-
ive technology devices and assist-
ive technology services with re-
spect to enhancing the capacity 
of individuals with disabilities of 
all ages to perform activities of 
daily living; 
‘‘(II) the development of proce-
dures for providing direct communica-
tion between providers of assistive 
technology and targeted individuals, 
which may include partnerships with 
the State and local workforce invest-
ment system established under the 
Workforce Investment Act of 1998, 
State vocational rehabilitation centers, 
public and private employers, or ele-
mentary and secondary public schools; 
and 
‘‘(III) the development and dis-
semination, to targeted individuals, of 
information about State efforts re-
lated to assistive technology; and
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‘‘(IV) the distribution of mate-
rials to appropriate public and private 
agencies that provide social, medical, 
educational, employment, and trans-
portation 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 de-
vices and assistive technology services; 
‘‘(II) providing technical assist-
ance, 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
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technology devices and assistive 
technology services; and 
‘‘(III) the enhancement of the as-
sistive technology skills and com-
petencies of— 
‘‘(aa) individuals who work 
for public or private entities (in-
cluding insurers and managed 
care providers), who have contact 
with individuals with disabilities; 
‘‘(bb) educators and related 
services personnel; 
‘‘(cc) technology experts (in-
cluding engineers); 
‘‘(dd) 
health 
and 
allied 
health professionals; 
‘‘(ee) employers; and 
‘‘(ff) other appropriate per-
sonnel; and 
‘‘(iii) outreach and support to state-
wide and community-based organizations 
that provide assistive technology devices 
and assistive technology services to individ-
uals with disabilities or that assist individ-
uals with disabilities in using assistive
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technology devices and assistive technology 
services, including a focus on organizations 
assisting 
individuals 
from 
underrep-
resented populations and rural populations, 
and further including support such as out-
reach 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 informa-
tion 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 inter-
agency coordination to develop and promote the 
adoption of policies that improve access to as-
sistive technology devices and assistive tech-
nology services for individuals with disabilities 
of all ages in the State and that result in im-
proved coordination among public and private 
entities that are responsible or have the author-
ity to be responsible, for policies, procedures, or 
funding for, or the provision of assistive tech-
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nology devices and assistive technology services 
to, such individuals. 
‘‘(4) INDIRECT COSTS.—Not more than 10 per-
cent 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 tech-
nology device for an individual with a disability. 
‘‘(6) STATE FLEXIBILITY.— 
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (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 avail-
able through the grant to carry out the activi-
ties 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
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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 de-
scribed in paragraph (1) that are not used to make 
grants under paragraph (1), the Secretary shall 
make grants to States in accordance with the re-
quirements 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 popu-
lation of the State bears to the population of all 
States. 
‘‘(B) MINIMUM
ALLOTMENT.—A State 
shall receive an amount under a grant for a fis-
cal 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 Ac-
cess to Assistive Technology for Individuals 
with Disabilities Act of 2004) for fiscal year 
2004. 
‘‘(C) RATABLE REDUCTIONS.—
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‘‘(A) The State agency responsible for the 
administration of vocational rehabilitation in 
the State. 
‘‘(B) A commission, council, or other offi-
cial body appointed by the Governor. 
‘‘(C) A public-private partnership or con-
sortium. 
‘‘(D) A public agency (including the office 
of the Governor, a State oversight office, a 
State agency, a public institution of higher edu-
cation, 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 du-
ties of the lead agency shall include— 
‘‘(A) submitting the application described 
in subsection (e) on behalf of the State;
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‘‘(B) administering and supervising the use 
of amounts made available under the grant re-
ceived 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 evalu-
ating the comprehensive statewide program of 
technology-related 
assistance 
among 
public 
agencies and between public agencies and pri-
vate entities, including coordinating efforts re-
lated 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, re-
lated to the active, timely, and meaningful par-
ticipation by individuals with disabilities and 
their family members, guardians, advocates, or 
authorized representatives, and other appro-
priate individuals, with respect to activities car-
ried out under the grant; 
‘‘(D) delegating, in whole or in part, any 
responsibilities described in subparagraph (A),
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(B), or (C) to one or more appropriate offices, 
agencies, entities, or individuals; and 
‘‘(E) establishing a partnership or partner-
ships 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 Ac-
cess 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 con-
strued 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.
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‘‘(2) CONTENT.—Each application shall con-
tain, 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 tech-
nology 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 disabil-
ities that receive services under the 
Individuals with Disabilities Edu-
cation Act; 
‘‘(II) 
employment, 
including 
goals involving the State vocational 
rehabilitation program carried out 
under title I of the Rehabilitation Act 
of 1973;
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‘‘(III) telecommunication and in-
formation 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 FAMI-
LIES.—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 under-
taken 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, in-
cluding at a minimum the State’s plans to pro-
vide financial support, consistent with sub-
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section (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 ADVO-
CACY 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 protec-
tion and advocacy services through the systems es-
tablished 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 para-
graph (1), for a State that, on the day before the
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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 enti-
ties 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 protec-
tion 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 AMER-
ICAN INDIAN CONSORTIUM.—
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‘‘(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 eligi-
ble 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 sys-
tem 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 appro-
priated under such section for the preceding fis-
cal year. 
‘‘(2) GRANTS TO STATES.—For any fiscal year, 
after reserving funds to make grants under para-
graph (1), the Secretary shall make allotments from 
the remainder of the funds in accordance with para-
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graph (3) to eligible systems within States to sup-
port 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 pro-
vided in subparagraph (B), from such remain-
der 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 avail-
ability of appropriations to carry out this sec-
tion, the allotment to any system under sub-
paragraph (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 fis-
cal year will not be expended by such system in car-
rying out the provisions of this section, the Sec-
retary shall make such amount available for carrying
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out the provisions of this section to all other systems 
in the same proportion such amounts were first allo-
cated to such systems. 
‘‘(5) CARRYOVER.—Any amount paid to an eli-
gible 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 pro-
gram income generated from such amount shall re-
main available for two additional fiscal years and 
may only be used to improve the awareness of indi-
viduals with disabilities on the accessibility of assist-
ive 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 re-
ceives 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 docu-
mentation 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 assist-
ive technology devices and assistive technology serv-
ices;
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‘‘(2) engaging in informal advocacy to assist in 
securing assistive technology and assistive tech-
nology services for individuals with disabilities; 
‘‘(3) engaging in formal representation for indi-
viduals with disabilities to secure systems change, 
and in advocacy activities to secure assistive tech-
nology and assistive technology services for individ-
uals with disabilities; 
‘‘(4) developing and implementing strategies to 
enhance the long-term abilities of individuals with 
disabilities and their family members, guardians, ad-
vocates, and authorized representatives to advocate 
the provision of assistive technology devices and as-
sistive 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 capac-
ity building and advocacy activities carried out by 
the lead agency; and 
‘‘(6) effectively allocating carryover funds de-
scribed in subsection (b)(5) to improve the aware-
ness of individuals with disabilities on the accessi-
bility of assistive technology and assisting them in
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the acquisition, utilization, or maintenance of assist-
ive technology or assistive technology services. 
‘‘(d) REPORTS
AND UPDATES
TO STATE AGEN-
CIES.—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 con-
cerning 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 be-
tween 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 Ad-
ministration in the Office of Special Education and Reha-
bilitative 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 pur-
suant to this Act are complying with the applicable 
requirements of this Act and achieving the quantifi-
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able, 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, in-
cluding the information required under subsection 
(d). 
‘‘(c) CORRECTIVE ACTION AND SANCTIONS.— 
‘‘(1) CORRECTIVE
ACTION.—If the Secretary 
determines that an entity fails to substantially com-
ply with the requirements of this Act or to substan-
tially make progress towards meeting the goals es-
tablished 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 deter-
mination, to develop a corrective action plan. 
‘‘(2) SANCTIONS.—An entity that fails to de-
velop and comply with a corrective action plan as de-
scribed in paragraph (1) during a fiscal year shall 
be subject to one of the following corrective actions 
selected by the Secretary:
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‘‘(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 sec-
tion 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 en-
tity responsible for administering the grant pro-
gram. 
‘‘(3) APPEALS
PROCEDURES.—The Secretary 
shall establish appeals procedures for entities that 
are found to be in noncompliance with the require-
ments 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 an-
nual report required under subsection (d), the Sec-
retary 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 ac-
HR 4278 RFS 
tribution within the State, gender, and whether 
the consumers are part of an underrepresented 
population or rural population), including— 
‘‘(i) the number of applications for as-
sistance received; 
‘‘(ii) the number of applications ap-
proved 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, in-
cluding an analysis of the individuals with dis-
abilities that have benefited from the device 
loan program;
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‘‘(E) the number and type of equipment 
demonstrations provided, including an analysis 
of individuals with disabilities who have bene-
fited from the program; 
‘‘(F) a summary of the State plans and 
annual reports submitted by the States, includ-
ing an analysis of the progress of the States in 
meeting their goals established in the State ap-
plication; 
‘‘(G) the number of individuals who re-
ceived training and the topics of such training; 
‘‘(H) the frequency and nature of technical 
assistance provided to State and local govern-
mental agencies and other entities; and 
‘‘(I) the outcomes of interagency coordina-
tion 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 con-
tributed resources from public and private enti-
ties. 
‘‘(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
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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 func-
tion between national and regionally based technical as-
sistance efforts carried out through the program, the Sec-
retary shall consider the input of the directors of com-
prehensive statewide programs of technology-related as-
sistance and other individuals the Secretary determines to 
be appropriate, especially— 
‘‘(1) individuals with disabilities who use assist-
ive technology and understand the barriers to the ac-
quisition 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 ad-
vocacy systems funded under section 5.
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‘‘(c) AUTHORIZED ACTIVITIES.—The Secretary shall 
support activities designed to maximize the impact and 
benefit of assistive technology devices and assistive tech-
nology services for individuals with disabilities, including 
the following activities: 
‘‘(1) NATIONAL PUBLIC INTERNET SITE.— 
‘‘(A) 
ESTABLISHMENT
OF
INTERNET 
SITE.—The Secretary shall fund the establish-
ment 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 dis-
ability-related resources. 
‘‘(B) ELIGIBLE ENTITY.—To be eligible to 
receive a grant or enter into a contract or coop-
erative agreement under subsection (a) to es-
tablish 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 dem-
onstrated expertise in—
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‘‘(i) working with assistive technology 
and intelligent agent interactive informa-
tion dissemination systems; 
‘‘(ii) managing libraries of assistive 
technology and disability-related resources; 
‘‘(iii) delivering education, informa-
tion, and referral services to individuals 
with 
disabilities, 
including 
technology- 
based curriculum development services for 
adults with low-level reading skills; 
‘‘(iv) developing cooperative partner-
ships with the private sector, particularly 
with private sector computer software, 
hardware, and Internet services entities; 
and 
‘‘(v) developing and designing ad-
vanced Internet sites. 
‘‘(C) FEATURES OF INTERNET SITE.—The 
National Public Internet Site described in sub-
paragraph (A) shall contain the following fea-
tures: 
‘‘(i) AVAILABILITY OF INFORMATION 
AT ANY TIME.—The site shall be designed 
so that any member of the public may ob-
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tain information posted on the site at any 
time. 
‘‘(ii) INNOVATIVE AUTOMATED INTEL-
LIGENT
AGENT.—The site shall be con-
structed with an innovative automated in-
telligent agent that is a diagnostic tool for 
assisting users in problem definition and 
the selection of appropriate assistive tech-
nology devices and assistive technology 
services resources. 
‘‘(iii) RESOURCES.— 
‘‘(I) 
LIBRARY
ON
ASSISTIVE 
TECHNOLOGY.—The site shall include 
access to a comprehensive working li-
brary on assistive technology for all 
environments, including home, work-
place, transportation, and other envi-
ronments. 
‘‘(II) RESOURCES FOR A NUMBER 
OF DISABILITIES.—The site shall in-
clude resources relating to the largest 
possible number of disabilities, includ-
ing resources relating to low-level 
reading skills.
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‘‘(iv) LINKS TO PRIVATE SECTOR RE-
SOURCES AND INFORMATION.—To the ex-
tent feasible, the site shall be linked to rel-
evant private sector resources and informa-
tion, under agreements developed between 
the institution of higher education and co-
operating 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 tech-
nology-related assistance, including the de-
velopment and replication of effective ap-
proaches to— 
‘‘(I) providing information and 
referral services; 
‘‘(II) promoting interagency co-
ordination of training and service de-
livery among public and private enti-
ties; 
‘‘(III) conducting outreach to 
underrepresented 
populations 
and 
rural populations;
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‘‘(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 collec-
tion; 
‘‘(ii) effective approaches to the devel-
opment of consumer-controlled systems 
that increase access to, funding for, and 
awareness of, assistive technology devices 
and assistive technology services; 
‘‘(iii) successful approaches to increas-
ing 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 indi-
viduals may try out assistive technology. 
‘‘(2) TECHNICAL ASSISTANCE EFFORTS.—The 
Secretary shall, on a competitive basis, make grants
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to, or enter into cooperative agreements with, eligi-
ble 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, regu-
lations, 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 judi-
cial 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 ef-
fective approaches to Federal-State coordi-
nation of programs for individuals with 
disabilities, related to improving funding 
for or access to assistive technology devices
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and assistive technology services for indi-
viduals with disabilities of all ages; 
‘‘(iv) requests for information on ef-
fective 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 as-
sistance 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 correc-
tive action plans; and 
‘‘(B) to assist targeted individuals by dis-
seminating information about— 
‘‘(i) Federal, State, and local laws, 
regulations, policies, practices, procedures, 
and organizational structures, that facili-
tate, and overcome barriers to, funding for, 
and access to, assistive technology devices 
and assistive technology services, to pro-
mote fuller independence, productivity, and
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inclusion in society for individuals with dis-
abilities of all ages; and 
‘‘(ii) technical assistance activities un-
dertaken 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 build-
ing 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 ap-
propriated 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.
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‘‘(b) STATE GRANTS FOR PROTECTION AND ADVO-
CACY.—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: 
JEFF TRANDAHL, 
Clerk.