H. R. 4278—14
‘‘(ii) support for the development of State-financed
or privately financed alternative financing systems of
subsidies (which may include conducting an initial 1-
year feasibility study of, improving, administering,
operating, providing capital for, or collaborating with
an entity with respect to, such a system) for the provi-
sion of assistive technology devices, such as—
‘‘(I) a low-interest loan fund;
‘‘(II) an interest buy-down program;
‘‘(III) a revolving loan fund;
‘‘(IV) a loan guarantee or insurance program;
‘‘(V) a program providing for the purchase,
lease, or other acquisition of assistive technology
devices or assistive technology services; or
‘‘(VI) another mechanism that is approved by
the Secretary.
‘‘(B) DEVICE
REUTILIZATION
PROGRAMS.—The State
shall directly, or in collaboration with public or private
entities, carry out assistive technology device reutilization
programs that provide for the exchange, repair, recycling,
or other reutilization of assistive technology devices, which
may include redistribution through device sales, loans,
rentals, or donations.
‘‘(C) DEVICE LOAN PROGRAMS.—The State shall directly,
or in collaboration with public or private entities, carry
out device loan programs that provide short-term loans
of assistive technology devices to individuals, employers,
public agencies, or others seeking to meet the needs of
targeted individuals and entities, including others seeking
to comply with the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.), the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.), and section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794).
‘‘(D) DEVICE DEMONSTRATIONS.—
‘‘(i) IN GENERAL.—The State shall directly, or in
collaboration with public and private entities, such
as one-stop partners, as defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801),
demonstrate a variety of assistive technology devices
and assistive technology services (including assisting
individuals in making informed choices regarding, and
providing experiences with, the devices and services),
using personnel who are familiar with such devices
and services and their applications.
‘‘(ii) COMPREHENSIVE
INFORMATION.—The State
shall directly, or through referrals, provide to individ-
uals, to the extent practicable, comprehensive informa-
tion about State and local assistive technology venders,
providers, and repair services.
‘‘(3) STATE LEADERSHIP ACTIVITIES.—
‘‘(A) IN GENERAL.—A State that receives a grant under
this section shall use a portion of not more than 40 percent
of the funds made available through the grant to carry
out the activities described in subparagraph (B). From that
portion, the State shall use at least 5 percent of the portion
for activities described in subparagraph (B)(i)(III).
‘‘(B) REQUIRED ACTIVITIES.—
H. R. 4278—15
‘‘(i) TRAINING AND TECHNICAL ASSISTANCE.—
‘‘(I) IN GENERAL.—The State shall directly, or
provide support to public or private entities with
demonstrated expertise in collaborating with
public or private agencies that serve individuals
with disabilities, to develop and disseminate
training materials, conduct training, and provide
technical assistance, for individuals from local set-
tings statewide, including representatives of State
and local educational agencies, other State and
local agencies, early intervention programs, adult
service programs, hospitals and other health care
facilities, institutions of higher education, and
businesses.
‘‘(II) AUTHORIZED ACTIVITIES.—In carrying out
activities under subclause (I), the State shall carry
out activities that enhance the knowledge, skills,
and competencies of individuals from local settings
described in subclause (I), which may include—
‘‘(aa) general awareness training on the
benefits of assistive technology and the Fed-
eral, State, and private funding sources avail-
able to assist targeted individuals and entities
in acquiring assistive technology;
‘‘(bb) 
skills-development 
training 
in
assessing the need for assistive technology
devices and assistive technology services;
‘‘(cc) training to ensure the appropriate
application and use of assistive technology
devices, assistive technology services, and
accessible technology for e-government func-
tions;
‘‘(dd) training in the importance of mul-
tiple 
approaches 
to 
assessment 
and
implementation necessary to meet the individ-
ualized needs of individuals with disabilities;
and
‘‘(ee) technical training on integrating
assistive technology into the development and
implementation of service plans, including any
education, 
health, 
discharge, 
Olmstead,
employment, or other plan required under
Federal or State law.
‘‘(III) TRANSITION ASSISTANCE TO INDIVIDUALS
WITH
DISABILITIES.—The State shall directly, or
provide support to public or private entities to,
develop and disseminate training materials, con-
duct training, facilitate access to assistive tech-
nology, and provide technical assistance, to
assist—
‘‘(aa) students with disabilities, within the
meaning of the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), that
receive transition services; and
‘‘(bb) adults who are individuals with
disabilities maintaining or transitioning to
community living.
H. R. 4278—16
‘‘(ii) PUBLIC-AWARENESS ACTIVITIES.—
‘‘(I) IN
GENERAL.—The State shall conduct
public-awareness activities designed to provide
information to targeted individuals and entities
relating to the availability, benefits, appropriate-
ness, and costs of assistive technology devices and
assistive technology services, including—
‘‘(aa) the development of procedures for
providing direct communication between pro-
viders of assistive technology and targeted
individuals and entities, which may include
partnerships with entities in the statewide and
local workforce investment systems estab-
lished under the Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.), State voca-
tional rehabilitation centers, public and pri-
vate employers, or elementary and secondary
public schools;
‘‘(bb) the development and dissemination,
to 
targeted 
individuals 
and 
entities, 
of
information about State efforts related to
assistive technology; and
‘‘(cc) the distribution of materials to appro-
priate public and private agencies that provide
social, medical, educational, employment, and
transportation services to individuals with
disabilities.
‘‘(II) COLLABORATION.—The State shall collabo-
rate with entities that receive awards under para-
graphs (1) and (3) of section 6(b) to carry out
public-awareness activities focusing on infants,
toddlers, children, transition-age youth, employ-
ment-age adults, seniors, and employers.
‘‘(III) STATEWIDE INFORMATION AND REFERRAL
SYSTEM.—
‘‘(aa) 
IN
GENERAL.—The 
State 
shall
directly, or in collaboration with public or pri-
vate (such as nonprofit) entities, provide for
the continuation and enhancement of a state-
wide information and referral system designed
to meet the needs of targeted individuals and
entities.
‘‘(bb) CONTENT.—The system shall deliver
information on assistive technology devices,
assistive technology services (with specific
data regarding provider availability within the
State), and the availability of resources,
including funding through public and private
sources, to obtain assistive technology devices
and assistive technology services. The system
shall also deliver information on the benefits
of assistive technology devices and assistive
technology services with respect to enhancing
the capacity of individuals with disabilities
of all ages to perform activities of daily living.
‘‘(iii) COORDINATION
AND
COLLABORATION.—The
State shall coordinate activities described in paragraph
H. R. 4278—17
(2) and this paragraph, among public and private enti-
ties that are responsible for policies, procedures, or
funding for the provision of assistive technology devices
and assistive technology services to individuals with
disabilities, service providers, and others to improve
access to assistive technology devices and assistive
technology services for individuals with disabilities of
all ages in the State.
‘‘(4) INDIRECT COSTS.—Not more than 10 percent of the
funds made available through a grant to a State under this
section may be used for indirect costs.
‘‘(5) PROHIBITION.—Funds made available through a grant
to a State under this section shall not be used for direct
payment for an assistive technology device for an individual
with a disability.
‘‘(6) STATE FLEXIBILITY.—
‘‘(A) IN GENERAL.—Notwithstanding paragraph (1)(A)
and subject to subparagraph (B), a State may use funds
that the State receives under a grant awarded under this
section to carry out any 2 or more of the activities described
in paragraph (2).
‘‘(B) 
SPECIAL
RULE.—Notwithstanding 
paragraph
(3)(A), any State that exercises its authority under subpara-
graph (A)—
‘‘(i) shall carry out each of the required activities
described in paragraph (3)(B); and
‘‘(ii) shall use not more than 30 percent of the
funds made available through the grant to carry out
the activities described in paragraph (3)(B).
‘‘(f) ANNUAL PROGRESS REPORTS.—
‘‘(1) DATA COLLECTION.—States shall participate in data
collection as required by law, including data collection required
for preparation of the reports described in paragraph (2).
‘‘(2) REPORTS.—
‘‘(A) IN GENERAL.—Each State shall prepare and submit
to the Secretary an annual progress report on the activities
funded under this Act, at such time, and in such manner,
as the Secretary may require.
‘‘(B) CONTENTS.—The report shall include data col-
lected pursuant to this section. The report shall document,
with respect to activities carried out under this section
in the State—
‘‘(i) the type of State financing activities described
in subsection (e)(2)(A) used by the State;
‘‘(ii) the amount and type of assistance given to
consumers of the State financing activities described
in subsection (e)(2)(A) (who shall be classified by type
of assistive technology device or assistive technology
service financed through the State financing activities,
and 
geographic 
distribution 
within 
the 
State),
including—
‘‘(I) the number of applications for assistance
received;
‘‘(II) the number of applications approved and
rejected;
‘‘(III) the default rate for the financing activi-
ties;
H. R. 4278—18
‘‘(IV) the range and average interest rate for
the financing activities;
‘‘(V) the range and average income of approved
applicants for the financing activities; and
‘‘(VI) the types and dollar amounts of assistive
technology financed;
‘‘(iii) the number, type, and length of time of loans
of assistive technology devices provided to individuals
with disabilities, employers, public agencies, or public
accommodations through the device loan program
described in subsection (e)(2)(C), and an analysis of
the individuals with disabilities who have benefited
from the device loan program;
‘‘(iv) the number, type, estimated value, and scope
of assistive technology devices exchanged, repaired,
recycled, or reutilized (including redistributed through
device sales, loans, rentals, or donations) through the
device reutilization program described in subsection
(e)(2)(B), and an analysis of the individuals with
disabilities that have benefited from the device reutili-
zation program;
‘‘(v) the number and type of device demonstrations
and referrals provided under subsection (e)(2)(D), and
an analysis of individuals with disabilities who have
benefited from the demonstrations and referrals;
‘‘(vi)(I) the number and general characteristics of
individuals who participated in training under sub-
section (e)(3)(B)(i) (such as individuals with disabilities,
parents, educators, employers, providers of employ-
ment services, health care workers, counselors, other
service providers, or vendors) and the topics of such
training; and
‘‘(II) to the extent practicable, the geographic dis-
tribution of individuals who participated in the
training;
‘‘(vii) the frequency of provision and nature of tech-
nical assistance provided to State and local agencies
and other entities;
‘‘(viii) the number of individuals assisted through
the public-awareness activities and statewide informa-
tion and referral system described in subsection
(e)(3)(B)(ii);
‘‘(ix) the outcomes of any improvement initiatives
carried out by the State as a result of activities funded
under this section, including a description of any writ-
ten policies, practices, and procedures that the State
has developed and implemented regarding access to,
provision of, and funding for, assistive technology
devices, and assistive technology services, in the con-
texts of education, health care, employment, commu-
nity living, and information technology and tele-
communications, including e-government;
‘‘(x) the source of leveraged funding or other
contributed resources, including resources provided
through subcontracts or other collaborative resource-
sharing agreements, from and with public and private
H. R. 4278—19
entities to carry out State activities described in sub-
section (e)(3)(B)(iii), the number of individuals served
with the contributed resources for which information
is not reported under clauses (i) through (ix) or clause
(xi) or (xii), and other outcomes accomplished as a
result of such activities carried out with the contributed
resources; and
‘‘(xi) the level of customer satisfaction with the
services provided.
‘‘SEC. 5. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES
RELATED TO ASSISTIVE TECHNOLOGY.
‘‘(a) GRANTS.—
‘‘(1) IN GENERAL.—The Secretary shall make grants under
subsection (b) to protection and advocacy systems in each State
for the purpose of enabling such systems to assist in the acquisi-
tion, utilization, or maintenance of assistive technology devices
or assistive technology services for individuals with disabilities.
‘‘(2) GENERAL AUTHORITIES.—In providing such assistance,
protection and advocacy systems shall have the same general
authorities as the systems are afforded under subtitle C of
title I of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000 (42 U.S.C. 15041 et seq.), as determined
by the Secretary.
‘‘(b) GRANTS.—
‘‘(1) RESERVATION.—For each fiscal year, the Secretary shall
reserve such sums as may be necessary to carry out paragraph
(4).
‘‘(2) POPULATION
BASIS.—From the funds appropriated
under section 8(b) for a fiscal year and remaining after the
reservation required by paragraph (1) has been made, the Sec-
retary shall make a grant to a protection and advocacy system
within each State in an amount bearing the same ratio to
the remaining funds as the population of the State bears to
the population of all States.
‘‘(3) MINIMUMS.—Subject to the availability of appropria-
tions, the amount of a grant to a protection and advocacy
system under paragraph (2) for a fiscal year shall—
‘‘(A) in the case of a protection and advocacy system
located in American Samoa, Guam, the United States
Virgin Islands, or the Commonwealth of the Northern Mar-
iana Islands, not be less than $30,000; and
‘‘(B) in the case of a protection and advocacy system
located in a State not described in subparagraph (A), not
be less than $50,000.
‘‘(4) PAYMENT
TO
THE
SYSTEM
SERVING
THE
AMERICAN
INDIAN CONSORTIUM.—
‘‘(A) IN GENERAL.—The Secretary shall make grants
to the protection and advocacy system serving the American
Indian Consortium to provide services in accordance with
this section.
‘‘(B) AMOUNT OF GRANTS.—The amount of such grants
shall be the same as the amount provided under paragraph
(3)(A).
‘‘(c) DIRECT PAYMENT.—Notwithstanding any other provision
of law, the Secretary shall pay directly to any protection and
advocacy system that complies with this section, the total amount
H. R. 4278—20
of the grant made for such system under this section, unless the
system provides otherwise for payment of the grant amount.
‘‘(d) CERTAIN STATES.—
‘‘(1) GRANT TO LEAD AGENCY.—Notwithstanding any other
provision of this section, with respect to a State that, on
November 12, 1998, was described in section 102(f)(1) of the
Technology-Related Assistance for Individuals With Disabilities
Act of 1988, the Secretary shall pay the amount of the grant
described in subsection (a), and made under subsection (b),
to the lead agency designated under section 4(c)(1) for the
State.
‘‘(2) DISTRIBUTION OF FUNDS.—A lead agency to which a
grant amount is paid under paragraph (1) shall determine
the manner in which funds made available through the grant
will be allocated among the entities that were providing protec-
tion and advocacy services in that State on the date described
in such paragraph, and shall distribute funds to such entities.
In distributing such funds, the lead agency shall not establish
any additional eligibility or procedural requirements for an
entity in the State that supports protection and advocacy serv-
ices through a protection and advocacy system. Such an entity
shall comply with the same requirements (including reporting
and enforcement requirements) as any other entity that receives
funding under this section.
‘‘(3) APPLICATION OF PROVISIONS.—Except as provided in
this subsection, the provisions of this section shall apply to
the grant in the same manner, and to the same extent, as
the provisions apply to a grant to a system.
‘‘(e) CARRYOVER.—Any amount paid to an eligible system for
a fiscal year under this section that remains unobligated at the
end of such fiscal year shall remain available to such system for
obligation during the subsequent fiscal year. Program income gen-
erated from such amount shall remain available for 2 additional
fiscal years after the year in which such amount was paid to
an eligible system and may only be used to improve the awareness
of individuals with disabilities about the accessibility of assistive
technology and assist such individuals in the acquisition, utilization,
or maintenance of assistive technology devices or assistive tech-
nology services.
‘‘(f) REPORT TO SECRETARY.—An entity that receives a grant
under this section shall annually prepare and submit to the Sec-
retary a report that contains such information as the Secretary
may require, including documentation of the progress of the entity
in—
‘‘(1) conducting consumer-responsive activities, including
activities that will lead to increased access, for individuals
with disabilities, to funding for assistive technology devices
and assistive technology services;
‘‘(2) engaging in informal advocacy to assist in securing
assistive technology devices and assistive technology services
for individuals with disabilities;
‘‘(3) engaging in formal representation for individuals with
disabilities to secure systems change, and in advocacy activities
to secure assistive technology devices and assistive technology
services for individuals with disabilities;
‘‘(4) developing and implementing strategies to enhance
the long-term abilities of individuals with disabilities and their
H. R. 4278—21
family members, guardians, advocates, and authorized rep-
resentatives to advocate the provision of assistive technology
devices and assistive technology services to which the individ-
uals 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 coordi-
nating activities with the capacity building and advocacy activi-
ties carried out by the lead agency; and
‘‘(6) effectively allocating funds made available under this
section to improve the awareness of individuals with disabilities
about the accessibility of assistive technology and assist such
individuals in the acquisition, utilization, or maintenance of
assistive technology devices or assistive technology services.
‘‘(g) REPORTS AND UPDATES TO STATE AGENCIES.—An entity
that receives a grant under this section shall prepare and submit
to the lead agency of the State designated under section 4(c)(1)
the report described in subsection (f) and quarterly updates con-
cerning the activities described in subsection (f).
‘‘(h) COORDINATION.—On making a grant under this section
to an entity in a State, the Secretary shall solicit and consider
the opinions of the lead agency of the State with respect to efforts
at coordination of activities, collaboration, and promoting outcomes
between the lead agency and the entity that receives the grant
under this section.
‘‘SEC. 6. NATIONAL ACTIVITIES.
‘‘(a) IN GENERAL.—In order to support activities designed to
improve the administration of this Act, the Secretary, under sub-
section (b)—
‘‘(1) may award, on a competitive basis, grants, contracts,
and cooperative agreements to entities to support activities
described in paragraphs (1) and (2) of subsection (b); and
‘‘(2) shall award, on a competitive basis, grants, contracts,
and cooperative agreements to entities to support activities
described in paragraphs (3), (4), and (5) of subsection (b).
‘‘(b) AUTHORIZED ACTIVITIES.—
‘‘(1) NATIONAL PUBLIC-AWARENESS TOOLKIT.—
‘‘(A) NATIONAL PUBLIC-AWARENESS TOOLKIT.—The Sec-
retary may award a 1-time grant, contract, or cooperative
agreement to an eligible entity to support a training and
technical assistance program that—
‘‘(i) expands public-awareness efforts to reach tar-
geted individuals and entities;
‘‘(ii) contains appropriate accessible multimedia
materials to reach targeted individuals and entities,
for dissemination to State assistive technology pro-
grams; and
‘‘(iii) in coordination with State assistive tech-
nology programs, provides meaningful and up-to-date
information to targeted individuals and entities about
the availability of assistive technology devices and
assistive technology services.
‘‘(B) ELIGIBLE ENTITY.—To be eligible to receive the
grant, contract, or cooperative agreement, an entity shall
develop a partnership that—
‘‘(i) shall consist of—
H. R. 4278—22
‘‘(I) a lead agency or implementing entity for
a State assistive technology program or an
organization or association that represents imple-
menting entities for State assistive technology pro-
grams;
‘‘(II) a private or public entity from the media
industry;
‘‘(III) a private entity from the assistive tech-
nology industry; and
‘‘(IV) a private employer or an organization
or association that represents private employers;
‘‘(ii) may include other entities determined by the
Secretary to be necessary; and
‘‘(iii) may include other entities determined by the
applicant to be appropriate.
‘‘(2) RESEARCH AND DEVELOPMENT.—
‘‘(A) IN GENERAL.—The Secretary may award grants,
contracts, or cooperative agreements to eligible entities to
carry out research and development of assistive technology
that consists of—
‘‘(i) developing standards for reliability and accessi-
bility of assistive technology, and standards for inter-
operability (including open standards) of assistive tech-
nology with information technology, telecommuni-
cations products, and other assistive technology; or
‘‘(ii) developing assistive technology that benefits
individuals with disabilities or developing technologies
or practices that result in the adaptation, maintenance,
servicing, or improvement of assistive technology
devices.
‘‘(B) ELIGIBLE
ENTITIES.—Entities eligible to receive
a grant, contract, or cooperative agreement under this para-
graph shall include—
‘‘(i) providers of assistive technology services and
assistive technology devices;
‘‘(ii) institutions of higher education, including
University Centers for Excellence in Developmental
Disabilities Education, Research, and Service author-
ized under subtitle D of title I of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000
(42 U.S.C. 15061 et seq.), or such institutions offering
rehabilitation engineering programs, computer science
programs, or information technology programs;
‘‘(iii) manufacturers of assistive technology devices;
and
‘‘(iv) professionals, individuals, organizations, and
agencies providing services or employment to individ-
uals with disabilities.
‘‘(C) COLLABORATION.—An entity that receives a grant,
contract, or cooperative agreement under this paragraph
shall, in developing and implementing the project carried
out through the grant, contract, or cooperative agreement
coordinate activities with the lead agency for the State
assistive technology program (or a national organization
that represents such programs) and the State advisory
council described in section 4(c)(2) (or a national organiza-
tion that represents such councils).
H. R. 4278—23
‘‘(3) STATE TRAINING AND TECHNICAL ASSISTANCE.—
‘‘(A) TRAINING AND TECHNICAL ASSISTANCE EFFORTS.—
The Secretary shall award a grant, contract, or cooperative
agreement to an entity to support a training and technical
assistance program that—
‘‘(i) addresses State-specific information requests
concerning assistive technology from entities funded
under this Act and public entities not funded under
this Act, including—
‘‘(I) requests for information on effective
approaches to Federal-State coordination of pro-
grams for individuals with disabilities, related to
improving funding for or access to assistive tech-
nology devices and assistive technology services
for individuals with disabilities of all ages;
‘‘(II) requests for state-of-the-art, or model,
Federal, State, and local laws, regulations, policies,
practices, procedures, and organizational struc-
tures, that facilitate, and overcome barriers to,
funding for, and access to, assistive technology
devices and assistive technology services;
‘‘(III) requests for information on effective
approaches to developing, implementing, evalu-
ating, and sustaining activities described in sec-
tions 4 and 5 and related to improving funding
for or access to assistive technology devices and
assistive technology services for individuals with
disabilities of all ages, and requests for assistance
in developing corrective action plans;
‘‘(IV) requests for examples of policies, prac-
tices, procedures, regulations, or judicial decisions
that have enhanced or may enhance access to
funding for assistive technology devices and
assistive technology services for individuals with
disabilities;
‘‘(V) requests for information on effective
approaches to the development of consumer-con-
trolled systems that increase access to, funding
for, and awareness of, assistive technology devices
and assistive technology services; and
‘‘(VI) other requests for training and technical
assistance from entities funded under this Act and
public and private entities not funded under this
Act;
‘‘(ii) assists targeted individuals and entities by
disseminating information about—
‘‘(I) Federal, State, and local laws, regulations,
policies, practices, procedures, and organizational
structures, that facilitate, and overcome barriers
to, funding for, and access to, assistive technology
devices and assistive technology services, to pro-
mote fuller independence, productivity, and inclu-
sion in society for individuals with disabilities of
all ages; and
‘‘(II) technical assistance activities undertaken
under clause (i);
H. R. 4278—24
‘‘(iii) provides State-specific, regional, and national
training and technical assistance concerning assistive
technology to entities funded under this Act, other
entities funded under this Act, and public and private
entities not funded under this Act, including—
‘‘(I) annually providing a forum for exchanging
information concerning, and promoting program
and policy improvements in, required activities of
the State assistive technology programs;
‘‘(II) facilitating onsite and electronic informa-
tion sharing using state-of-the-art Internet tech-
nologies such as real-time online discussions,
multipoint video conferencing, and web-based
audio/video broadcasts, on emerging topics that
affect State assistive technology programs;
‘‘(III) convening experts from State assistive
technology programs to discuss and make rec-
ommendations with regard to national emerging
issues of importance to individuals with assistive
technology needs;
‘‘(IV) sharing best practice and evidence-based
practices among State assistive technology pro-
grams;
‘‘(V) maintaining an accessible website that
includes a link to State assistive technology pro-
grams, appropriate Federal departments and agen-
cies, and private associations and developing a
national toll-free number that links callers from
a State with the State assistive technology pro-
gram in their State;
‘‘(VI) developing or utilizing existing (as of
the date of the award involved) model cooperative
volume-purchasing mechanisms designed to reduce
the financial costs of purchasing assistive tech-
nology for required and discretionary activities
identified in section 4, and reducing duplication
of activities among State assistive technology pro-
grams; and
‘‘(VII) providing access to experts in the areas
of banking, microlending, and finance, for entities
funded under this Act, through site visits, telecon-
ferences, and other means, to ensure access to
information for entities that are carrying out new
programs or programs that are not making
progress in achieving the objectives of the pro-
grams; and
‘‘(iv) includes such other activities as the Secretary
may require.
‘‘(B) ELIGIBLE ENTITIES.—To be eligible to receive a
grant, contract, or cooperative agreement under this para-
graph, an entity shall have (directly or through grant or
contract)—
‘‘(i) experience and expertise in administering pro-
grams, 
including 
developing, 
implementing, 
and
administering the required and discretionary activities
described in sections 4 and 5, and providing technical
assistance; and
H. R. 4278—25
‘‘(ii) documented experience in and knowledge
about banking, finance, and microlending.
‘‘(C) COLLABORATION.—In developing and providing
training and technical assistance under this paragraph,
including activities identified as priorities, a recipient of
a grant, contract, or cooperative agreement under this para-
graph shall collaborate with other organizations, in
particular—
‘‘(i) organizations representing individuals with
disabilities;
‘‘(ii) national organizations representing State
assistive technology programs;
‘‘(iii) organizations representing State officials and
agencies engaged in the delivery of assistive tech-
nology;
‘‘(iv) the data-collection and reporting providers
described in paragraph (5); and
‘‘(v) other providers of national programs or pro-
grams of national significance funded under this Act.
‘‘(4) NATIONAL INFORMATION INTERNET SYSTEM.—
‘‘(A) IN GENERAL.—The Secretary shall award a grant,
contract, or cooperative agreement to an entity to renovate,
update, and maintain the National Public Internet Site
established under this Act (as in effect on the day before
the date of enactment of the Assistive Technology Act of
2004).
‘‘(B) FEATURES OF INTERNET SITE.—The National Public
Internet Site shall contain the following features:
‘‘(i) AVAILABILITY OF INFORMATION AT ANY TIME.—
The site shall be designed so that any member of
the public may obtain information posted on the site
at any time.
‘‘(ii) 
INNOVATIVE
AUTOMATED
INTELLIGENT
AGENT.—The site shall be constructed with an innova-
tive automated intelligent agent that is a diagnostic
tool for assisting users in problem definition and the
selection of appropriate assistive technology devices
and assistive technology services resources.
‘‘(iii) RESOURCES.—
‘‘(I) LIBRARY ON ASSISTIVE TECHNOLOGY.—The
site shall include access to a comprehensive
working library on assistive technology for all
environments, 
including 
home, 
workplace,
transportation, and other environments.
‘‘(II) 
INFORMATION
ON
ACCOMMODATING
INDIVIDUALS
WITH
DISABILITIES.—The site shall
include access to evidence-based research and best
practices concerning how assistive technology can
be used to accommodate individuals with disabil-
ities in the areas of education, employment, health
care, community living, and telecommunications
and information technology.
‘‘(III) RESOURCES FOR A NUMBER OF DISABIL-
ITIES.—The site shall include resources relating
to the largest possible number of disabilities,
including resources relating to low-level reading
skills.
H. R. 4278—26
‘‘(iv) LINKS
TO
PRIVATE-SECTOR
RESOURCES
AND
INFORMATION.—To the extent feasible, the site shall
be linked to relevant private-sector resources and
information, under agreements developed between the
recipient of the grant, contract, or cooperative agree-
ment and cooperating private-sector entities.
‘‘(v) LINKS
TO
PUBLIC-SECTOR
RESOURCES
AND
INFORMATION.—To the extent feasible, the site shall
be linked to relevant public-sector resources and
information, such as the Internet sites of the Office
of Special Education and Rehabilitation Services of
the Department of Education, the Office of Disability
Employment Policy of the Department of Labor, the
Small Business Administration, the Architectural and
Transportation Barriers Compliance Board, the Tech-
nology Administration of the Department of Commerce,
the Jobs Accommodation Network funded by the Office
of Disability Employment Policy of the Department
of Labor, and other relevant sites.
‘‘(vi) MINIMUM LIBRARY COMPONENTS.—At a min-
imum, the site shall maintain updated information
on—
‘‘(I) State assistive technology program dem-
onstration sites where individuals may try out
assistive technology devices;
‘‘(II) State assistive technology program device
loan program sites where individuals may borrow
assistive technology devices;
‘‘(III) State assistive technology program
device reutilization program sites;
‘‘(IV) alternative financing programs or State
financing systems operated through, or independ-
ently of, State assistive technology programs, and
other sources of funding for assistive technology
devices; and
‘‘(V) various programs, including programs
with tax credits, available to employers for hiring
or accommodating employees who are individuals
with disabilities.
‘‘(C) ELIGIBLE ENTITY.—To be eligible to receive a grant,
contract, or cooperative agreement under this paragraph,
an entity shall be a nonprofit organization, for-profit
organization, or institution of higher education, that—
‘‘(i) emphasizes research and engineering;
‘‘(ii) has a multidisciplinary research center; and
‘‘(iii) has demonstrated expertise in—
‘‘(I) working with assistive technology and
intelligent agent interactive information dissemi-
nation systems;
‘‘(II) managing libraries of assistive technology
and disability-related resources;
‘‘(III) delivering to individuals with disabilities
education, information, and referral services,
including 
technology-based 
curriculum-develop-
ment services for adults with low-level reading
skills;
H. R. 4278—27
‘‘(IV) developing cooperative partnerships with
the private sector, particularly with private-sector
computer software, hardware, and Internet serv-
ices entities; and
‘‘(V) developing and designing advanced Inter-
net sites.
‘‘(5) DATA-COLLECTION AND REPORTING ASSISTANCE.—
‘‘(A) IN GENERAL.—The Secretary shall award grants,
contracts, and cooperative agreements to entities to assist
the entities in carrying out State assistive technology pro-
grams in developing and implementing effective data-collec-
tion and reporting systems that—
‘‘(i) focus on quantitative and qualitative data ele-
ments;
‘‘(ii) measure the outcomes of the required activi-
ties described in section 4 that are implemented by
the States and the progress of the States toward
achieving the measurable goals described in section
4(d)(3);
‘‘(iii) provide States with the necessary information
required under this Act or by the Secretary for reports
described in section 4(f)(2); and
‘‘(iv) help measure the accrued benefits of the
activities to individuals who need assistive technology.
‘‘(B) ELIGIBLE ENTITIES.—To be eligible to receive a
grant, contract, or cooperative agreement under this para-
graph, an entity shall have personnel with—
‘‘(i) documented experience and expertise in admin-
istering State assistive technology programs;
‘‘(ii) experience in collecting and analyzing data
associated with implementing required and discre-
tionary activities;
‘‘(iii) expertise necessary to identify additional data
elements needed to provide comprehensive reporting
of State activities and outcomes; and
‘‘(iv) experience in utilizing data to provide annual
reports to State policymakers.
‘‘(c) APPLICATION.—To be eligible to receive a grant, contract,
or cooperative agreement under this section, an entity shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
‘‘(d) INPUT.—With respect to the activities described in sub-
section (b) to be funded under this section, including the national
and regionally based training and technical assistance efforts car-
ried out through the activities, in designing the activities the Sec-
retary shall consider, and in providing the activities providers shall
include, input of the directors of comprehensive statewide programs
of technology-related assistance, directors of alternative financing
programs, and other individuals the Secretary determines to be
appropriate, especially—
‘‘(1) individuals with disabilities who use assistive tech-
nology and understand the barriers to the acquisition of such
technology and assistive technology services;
‘‘(2) family members, guardians, advocates, and authorized
representatives of such individuals;
‘‘(3) individuals employed by protection and advocacy sys-
tems funded under section 5;
H. R. 4278—28
‘‘(4) relevant employees from Federal departments and
agencies, other than the Department of Education;
‘‘(5) representatives of businesses; and
‘‘(6) venders and public and private researchers and devel-
opers.
‘‘SEC. 7. ADMINISTRATIVE PROVISIONS.
‘‘(a) GENERAL ADMINISTRATION.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, the Assistant Secretary for Special Education and Rehabili-
tative Services of the Department of Education, acting through
the Rehabilitation Services Administration, shall be responsible
for the administration of this Act.
‘‘(2) COLLABORATION.—The Assistant Secretary for Special
Education and Rehabilitative Services shall consult with the
Office of Special Education Programs, the Rehabilitation Serv-
ices Administration, and the National Institute on Disability
and Rehabilitation Research in the Office of Special Education
and Rehabilitative Services, and appropriate Federal entities
in the administration of this Act.
‘‘(3) ADMINISTRATION.—In administering this Act, the
Rehabilitation Services Administration shall ensure that pro-
grams funded under this Act will address the needs of individ-
uals with disabilities of all ages, whether the individuals will
use the assistive technology to obtain or maintain employment,
to obtain education, or for other reasons.
‘‘(4) ORDERLY TRANSITION.—
‘‘(A) IN GENERAL.—The Secretary shall take such steps
as the Secretary determines to be appropriate to provide
for the orderly transition to, and implementation of, pro-
grams authorized by this Act, from programs authorized
by the Assistive Technology Act of 1998, as in effect on
the day before the date of enactment of the Assistive Tech-
nology Act of 2004.
‘‘(B) CESSATION OF EFFECTIVENESS.—Subparagraph (A)
ceases to be effective on the date that is 6 months after
the date of enactment of the Assistive Technology Act of
2004.
‘‘(b) REVIEW OF PARTICIPATING ENTITIES.—
‘‘(1) IN GENERAL.—The Secretary shall assess the extent
to which entities that receive grants under this Act are com-
plying with the applicable requirements of this Act and
achieving measurable goals that are consistent with the require-
ments of the grant programs under which the entities received
the grants.
‘‘(2) PROVISION OF INFORMATION.—To assist the Secretary
in carrying out the responsibilities of the Secretary under this
section, the Secretary may require States to provide relevant
information, including the information required under sub-
section (d).
‘‘(c) CORRECTIVE ACTION AND SANCTIONS.—
‘‘(1) CORRECTIVE ACTION.—If the Secretary determines that
an entity that receives a grant under this Act fails to substan-
tially comply with the applicable requirements of this Act,
or to make substantial progress toward achieving the measur-
able goals described in subsection (b)(1) with respect to the
grant program, the Secretary shall assist the entity, through
H. R. 4278—29
technical assistance funded under section 6 or other means,
within 90 days after such determination, to develop a corrective
action plan.
‘‘(2) SANCTIONS.—If the entity fails to develop and comply
with a corrective action plan described in paragraph (1) during
a fiscal year, the entity shall be subject to 1 of the following
corrective actions selected by the Secretary:
‘‘(A) Partial or complete termination of funding under
the grant program, until the entity develops and complies
with such a plan.
‘‘(B) Ineligibility to participate in the grant program
in the following year.
‘‘(C) Reduction in the amount of funding that may
be used for indirect costs under section 4 for the following
year.
‘‘(D) Required redesignation of the lead agency des-
ignated under section 4(c)(1) or an entity responsible for
administering the grant program.
‘‘(3) APPEALS PROCEDURES.—The Secretary shall establish
appeals procedures for entities that are determined to be in
noncompliance with the applicable requirements of this Act,
or have not made substantial progress toward achieving the
measurable goals described in subsection (b)(1).
‘‘(4) SECRETARIAL ACTION.—As part of the annual report
required under subsection (d), the Secretary shall describe each
such action taken under paragraph (1) or (2) and the outcomes
of each such action.
‘‘(5) PUBLIC NOTIFICATION.—The Secretary shall notify the
public, by posting on the Internet website of the Department
of Education, of each action taken by the Secretary under
paragraph (1) or (2). As a part of such notification, the Secretary
shall describe each such action taken under paragraph (1)
or (2) and the outcomes of each such action.
‘‘(d) ANNUAL REPORT TO CONGRESS.—
‘‘(1) IN GENERAL.—Not later than December 31 of each
year, the Secretary shall prepare, and submit to the President
and to the Committee on Education and the Workforce of
the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, a report on
the activities funded under this Act to improve the access
of individuals with disabilities to assistive technology devices
and assistive technology services.
‘‘(2) CONTENTS.—Such report shall include—
‘‘(A) a compilation and summary of the information
provided by the States in annual progress reports sub-
mitted under section 4(f); and
‘‘(B) a summary of the State applications described
in section 4(d) and an analysis of the progress of the
States in meeting the measurable goals established in State
applications under section 4(d)(3).
‘‘(e) CONSTRUCTION.—Nothing in this section shall be construed
to affect the enforcement authority of the Secretary, another Federal
officer, or a court under part D of the General Education Provisions
Act (20 U.S.C. 1234 et seq.) or other applicable law.
‘‘(f) EFFECT ON OTHER ASSISTANCE.—This Act may not be con-
strued as authorizing a Federal or State agency to reduce medical
H. R. 4278—30
or other assistance available, or to alter eligibility for a benefit
or service, under any other Federal law.
‘‘(g) RULE.—The Assistive Technology Act of 1998 (as in effect
on the day before the date of enactment of the Assistive Technology
Act of 2004) shall apply to funds appropriated under the Assistive
Technology Act of 1998 for fiscal year 2004.
‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) STATE GRANTS FOR ASSISTIVE TECHNOLOGY AND NATIONAL
ACTIVITIES.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to carry out sections 4 and 6 such sums as may be necessary
for each of fiscal years 2005 through 2010.
‘‘(2) RESERVATION.—
‘‘(A) DEFINITION.—In this paragraph, the term ‘higher
appropriation year’ means a fiscal year for which the
amount appropriated under paragraph (1) and made avail-
able to carry out section 4 is at least $665,000 greater
than the amount that—
‘‘(i) was appropriated under section 105 of this
Act (as in effect on October 1, 2003) for fiscal year
2004; and
‘‘(ii) was not reserved for grants under section
102 or 104 of this Act (as in effect on such date)
for fiscal year 2004.
‘‘(B) AMOUNT RESERVED FOR NATIONAL ACTIVITIES.—
Of the amount appropriated under paragraph (1) for a
fiscal year—
‘‘(i) not more than $1,235,000 may be reserved
to carry out section 6, except as provided in clause
(ii); and
‘‘(ii) for a higher appropriation year—
‘‘(I) not more than $1,900,000 may be reserved
to carry out section 6; and
‘‘(II) of the amount so reserved, the portion
exceeding $1,235,000 shall be used to carry out
paragraphs (1) and (2) of section 6(b).
‘‘(b) STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES
RELATED TO ASSISTIVE TECHNOLOGY.—There are authorized to be
appropriated to carry out section 5 $4,419,000 for fiscal year 2005
and such sums as may be necessary for each of fiscal years 2006
through 2010.’’.
SEC. 3. CONFORMING AMENDMENTS.
(a) DEVELOPMENTAL DISABILITIES ASSISTANCE
AND BILL
OF
RIGHTS ACT OF 2000.—The Developmental Disabilities Assistance
and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.) is amended—
(1) in section 124(c)(3)(B), by striking ‘‘section 101 or 102
of the Assistive Technology Act of 1998 (29 U.S.C. 3011, 3012)’’
and inserting ‘‘section 4 or 5 of the Assistive Technology Act
of 1998’’;
(2) in section 125(c)(5)(G)(i), by striking ‘‘section 101 or
102 of the Assistive Technology Act of 1998 (29 U.S.C. 3011,
3012)’’ and inserting ‘‘section 4 or 5 of the Assistive Technology
Act of 1998’’;
(3) in section 143(a)(2)(D)(ii), by striking ‘‘section 101 or
102 of the Assistive Technology Act of 1998 (29 U.S.C. 3011,
H. R. 4278—31
3012)’’ and inserting ‘‘section 4 or 5 of the Assistive Technology
Act of 1998’’; and
(4) in section 154(a)(3)(E)(ii)(VI), by striking ‘‘section 101
or 102 of the Assistive Technology Act of 1998 (29 U.S.C.
3011, 3012)’’ and inserting ‘‘section 4 or 5 of the Assistive
Technology Act of 1998’’.
(b) REHABILITATION ACT OF 1973.—The Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.) is amended—
(1) in section 203, by striking subsection (e) and inserting
the following:
‘‘(e) In this section—
‘‘(1) the terms ‘assistive technology’ and ‘universal design’
have the meanings given the terms in section 3 of the Assistive
Technology Act of 1998; and
‘‘(2) the term ‘targeted individuals’ has the meaning given
the term ‘targeted individuals and entities’ in section 3 of
the Assistive Technology Act of 1998.’’;
(2) in section 401(c)(2), by striking ‘‘targeted individuals’’
and inserting ‘‘targeted individuals and entities’’; and
(3) in section 502(d), by striking ‘‘targeted individuals’’
and inserting ‘‘targeted individuals and entities’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.