‘‘(d) LEAD AGENCY.— 
‘‘(1) DESIGNATION.—To be eligible to receive a 
grant under this section, the Governor of the State 
shall designate in accordance with paragraph (2) a 
lead agency to administer the grant under this sec-
tion. 
‘‘(2) ELIGIBLE
ENTITIES.—For purposes of 
paragraph (1), the Governor of the State may des-
ignate one of the following: 
‘‘(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; or 
‘‘(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; 
‘‘(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), 
(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. 
‘‘(e) STATE APPLICATION.— 
‘‘(1) SUBMISSION.—Any State that desires to 
receive a grant under this section shall submit to the 
Secretary an application at such time and in such 
manner as the Secretary may specify. 
‘‘(2) CONTENT.—Each application shall 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 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; 
‘‘(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 sufficient administrative support for such 
activities. 
‘‘(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.—The Secretary shall make 
a grant to an entity in each State to support protection 
and advocacy services through the systems established to 
provide protection and advocacy services under the Devel-
opmental 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. 
‘‘(b) AMOUNT OF FINANCIAL ASSISTANCE.— 
‘‘(1) GRANTS TO OUTLYING AREAS.—From the 
funds appropriated under section 8(a) and reserved 
under section 8(b)(1) for any fiscal year, the Sec-
retary shall make a grant in an amount of not more 
than $30,000 to each eligible system within an out-
lying area. 
‘‘(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 described in paragraph
(1) in accordance with paragraph (3) to eligible sys-
tems within States to support protection and advo-
cacy 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 subparagraphs (B) and (C), from such 
remainder for each fiscal year, the Secretary 
shall make an allotment to the eligible system 
within a State of an amount bearing the same 
ratio to such remainder as the population of the 
State bears to the population of all States. 
‘‘(B) MINIMUMS.—Subject to the 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 
out the provisions of this section to one or more of 
the systems that the Secretary determines will be 
able to use additional amounts during such year for 
carrying out such provisions. Any amount made 
available to a system for any fiscal year pursuant to 
the preceding sentence shall, for the purposes of this 
section, be regarded as an increase in the allotment 
of the system (as determined under the preceding 
provisions of this section) for such year. 
‘‘(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; 
‘‘(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; and 
‘‘(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. 
‘‘(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) 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 measur-
able goals that are consistent with the requirements 
of the grant programs under which the entities ap-
plied 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 
(c). 
‘‘(b) 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 with respect to 
a grant program, the Secretary shall assist the enti-
ty 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: 
‘‘(A) Partial or complete withholding of 
funds under the grant program until such plan 
is developed and implemented. 
‘‘(B) Reduction in funding for the fol-
lowing 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. 
‘‘(4) SECRETARIAL
ACTIONS.—The Secretary 
shall notify the Committee on Health, Education, 
Labor and Pensions of the Senate and the Com-
mittee on Education and the Workforce of the 
House of Representatives of each action taken by
the Secretary under paragraph (1) or (2). As part 
of the annual report required under subsection (c), 
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, through publication in the 
Federal Register and by posting on the Internet 
website of the Department of Education, of each ac-
tion taken by the Secretary under paragraph (1) or 
(2). As a part of such notification, the Secretary 
shall describe each such action taken under para-
graph (1) or (2) and the outcomes of each such ac-
tion. 
‘‘(c) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—Not later than December 
31 of each year, the Secretary shall prepare, and 
submit to the President and to the Committee on 
Education and the Workforce of the House of Rep-
resentatives and the Committee on Health, Edu-
cation, 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 in-
formation on— 
‘‘(A) the type of alternative financing 
mechanisms used by each State and the com-
munity-based organization with which each 
State entered into a contract, under the pro-
gram; 
‘‘(B) the amount and type of assistance 
given to consumers (who shall be classified by 
age, type of disability, type of assistive tech-
nology device or assistive technology service fi-
nanced through the program, geographic dis-
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; 
‘‘(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; 
and
‘‘(H) the frequency and nature of technical 
assistance provided to State and local govern-
mental agencies and other entities. 
‘‘(d) EFFECT
ON OTHER ASSISTANCE.—This Act 
may not be construed as authorizing a Federal or a State 
agency to reduce medical or other assistance available, or 
to alter eligibility for a benefit or service, under any other 
Federal law. 
‘‘SEC. 7. NATIONAL ACTIVITIES. 
‘‘(a) IN GENERAL.—Through grants, contracts, or 
cooperative agreements, awarded on a competitive basis, 
the Secretary is authorized to provide technical assistance 
to entities, principally entities funded under section 4 or 
5. 
‘‘(b) INPUT.—In designing the program to be funded 
under this section, and in deciding the differences in 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. 
‘‘(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— 
‘‘(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-
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. 
‘‘(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; 
‘‘(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 
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 
judidical decisions that have enhanced or 
may enhance access to funding for assist-
ive technology devices and assistive tech-
nology services for individuals with disabil-
ities; 
‘‘(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 
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 
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) IN GENERAL.—There are authorized to be ap-
propriated to carry out this Act such sums as may be nec-
essary for each of fiscal years 2005 through 2010. 
‘‘(b) ALLOCATION OF FUNDS.—Of the amount appro-
priated pursuant to the authorization of appropriations 
under subsection (a) for a fiscal year—
‘‘(1) up to $4,419,000 shall be reserved to pro-
vide grants under section 5; 
‘‘(2) up to $1,235,000 shall be reserved to pro-
vide grants under section 7; and 
‘‘(3) the remainder shall be used to provide 
grants under section (4).’’. 
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