H. R. 4278—10
‘‘(III) coordinating efforts related to the active,
timely, and meaningful participation by individ-
uals with disabilities and their family members,
guardians, advocates, or authorized representa-
tives, and other appropriate individuals, with
respect to activities carried out through the grant.
‘‘(B) IMPLEMENTING ENTITY.—The Governor may des-
ignate an agency, office, or other entity to carry out State
activities under this section (referred to in this section
as the ‘implementing entity’), if such implementing entity
is different from the lead agency. The implementing agency
shall carry out responsibilities under this Act through a
subcontract or another administrative agreement with the
lead agency.
‘‘(C) CHANGE IN AGENCY OR ENTITY.—
‘‘(i) IN
GENERAL.—On obtaining the approval of
the Secretary, the Governor may redesignate the lead
agency, or the implementing entity, if the Governor
shows to the Secretary good cause why the entity des-
ignated as the lead agency, or the implementing entity,
respectively, should not serve as that agency or entity,
respectively. The Governor shall make the showing
in the application described in subsection (d).
‘‘(ii) CONSTRUCTION.—Nothing in this paragraph
shall be construed to require the Governor of a State
to change the lead agency or implementing entity of
the State to an agency other than the lead agency
or implementing entity of such State as of the date
of enactment of the Assistive Technology Act of 2004.
‘‘(2) ADVISORY COUNCIL.—
‘‘(A) IN
GENERAL.—There shall be established an
advisory council to provide consumer-responsive, consumer-
driven advice to the State for, planning of, implementation
of, and evaluation of the activities carried out through
the grant, including setting the measurable goals described
in subsection (d)(3).
‘‘(B) COMPOSITION AND REPRESENTATION.—
‘‘(i) COMPOSITION.—The advisory council shall be
composed of—
‘‘(I) individuals with disabilities that use
assistive technology or the family members or
guardians of the individuals;
‘‘(II) a representative of the designated State
agency, as defined in section 7 of the Rehabilitation
Act of 1973 (29 U.S.C. 705) and the State agency
for individuals who are blind (within the meaning
of section 101 of that Act (29 U.S.C. 721)), if such
agency is separate;
‘‘(III) a representative of a State center for
independent living described in part C of title VII
of the Rehabilitation Act of 1973 (29 U.S.C. 796f
et seq.);
‘‘(IV) a representative of the State workforce
investment board established under section 111
of the Workforce Investment Act of 1998 (29 U.S.C.
2821);
H. R. 4278—11
‘‘(V) a representative of the State educational
agency, as defined in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801); and
‘‘(VI) representatives of other State agencies,
public agencies, or private organizations, as deter-
mined by the State.
‘‘(ii) MAJORITY.—
‘‘(I) IN GENERAL.—A majority, not less than
51 percent, of the members of the advisory council,
shall be members appointed under clause (i)(I).
‘‘(II) REPRESENTATIVES
OF
AGENCIES.—Mem-
bers appointed under subclauses (II) through (VI)
of clause (i) shall not count toward the majority
membership requirement established in subclause
(I).
‘‘(iii) REPRESENTATION.—The advisory council shall
be geographically representative of the State and
reflect the diversity of the State with respect to race,
ethnicity, types of disabilities across the age span,
and users of types of services that an individual with
a disability may receive.
‘‘(C) EXPENSES.—The members of the advisory council
shall receive no compensation for their service on the
advisory council, but shall be reimbursed for reasonable
and necessary expenses actually incurred in the perform-
ance of official duties for the advisory council.
‘‘(D) PERIOD.—The members of the State advisory
council shall be appointed not later than 120 days after
the date of enactment of the Assistive Technology Act of
2004.
‘‘(E) IMPACT ON EXISTING STATUTES, RULES, OR POLI-
CIES.—Nothing in this paragraph shall be construed to
affect State statutes, rules, or official policies relating to
advisory bodies for State assistive technology programs
or require changes to governing bodies of incorporated
agencies who carry out State assistive technology programs.
‘‘(d) APPLICATION.—
‘‘(1) IN GENERAL.—Any State that desires to receive a grant
under this section shall submit an application to the Secretary,
at such time, in such manner, and containing such information
as the Secretary may require.
‘‘(2) LEAD
AGENCY
AND
IMPLEMENTING
ENTITY.—The
application shall contain information identifying and describing
the lead agency referred to in subsection (c)(1)(A). The applica-
tion shall contain information identifying and describing the
implementing entity referred to in subsection (c)(1)(B), if the
Governor of the State designates such an entity.
‘‘(3) MEASURABLE GOALS.—The application shall include—
‘‘(A) measurable goals, and a timeline for meeting the
goals, that the State has set for addressing the assistive
technology needs of individuals with disabilities in the
State related to—
‘‘(i) education, including goals involving the provi-
sion of assistive technology to individuals with disabil-
ities who receive services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.);
H. R. 4278—12
‘‘(ii) employment, including goals involving the
State vocational rehabilitation program carried out
under title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.);
‘‘(iii) telecommunication and information tech-
nology; and
‘‘(iv) community living; and
‘‘(B) information describing how the State will quantifi-
ably measure the goals to determine whether the goals
have been achieved.
‘‘(4) INVOLVEMENT OF PUBLIC AND PRIVATE ENTITIES.—The
application shall describe how various public and private enti-
ties were involved in the development of the application and
will be involved in the implementation of the activities to
be carried out through the grant, including—
‘‘(A) in cases determined to be appropriate by the State,
a description of the nature and extent of resources that
will be committed by public and private collaborators to
assist in accomplishing identified goals; and
‘‘(B) a description of the mechanisms established to
ensure coordination of activities and collaboration between
the implementing entity, if any, and the State.
‘‘(5) IMPLEMENTATION.—The application shall include a
description of—
‘‘(A) how the State will implement each of the required
activities described in subsection (e), except as provided
in subsection (e)(6)(A); and
‘‘(B) how the State will allocate and utilize grant funds
to implement the activities, including describing proposed
budget allocations and planned procedures for tracking
expenditures for activities described in paragraphs (2) and
(3) of subsection (e).
‘‘(6) ASSURANCES.—The application shall include assurances
that—
‘‘(A) the State will annually collect data related to
the required activities implemented by the State under
this section in order to prepare the progress reports
required under subsection (f);
‘‘(B) funds received through the grant—
‘‘(i) will be expended in accordance with this sec-
tion; and
‘‘(ii) will be used to supplement, and not supplant,
funds available from other sources for technology-
related assistance, including the provision of assistive
technology devices and assistive technology services;
‘‘(C) the lead agency will control and administer the
funds received through the grant;
‘‘(D) the State will adopt such fiscal control and
accounting procedures as may be necessary to ensure
proper disbursement of and accounting for the funds
received through the grant;
‘‘(E) the physical facility of the lead agency and imple-
menting entity, if any, meets the requirements of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.) regarding accessibility for individuals with disabil-
ities;
H. R. 4278—13
‘‘(F) a public agency or an individual with a disability
holds title to any property purchased with funds received
under the grant and administers that property;
‘‘(G) activities carried out in the State that are author-
ized under this Act, and supported by Federal funds
received under this Act, will comply with the standards
established by the Architectural and Transportation Bar-
riers Compliance Board under section 508 of the Rehabilita-
tion Act of 1973 (20 U.S.C. 794d); and
‘‘(H) the State will—
‘‘(i) prepare reports to the Secretary in such form
and containing such information as the Secretary may
require to carry out the Secretary’s functions under
this Act; and
‘‘(ii) keep such records and allow access to such
records as the Secretary may require to ensure the
correctness and verification of information provided
to the Secretary under this subparagraph.
‘‘(7) STATE
SUPPORT.—The application shall include a
description of the activities described in paragraphs (2) and
(3) of subsection (e) that the State will support with State
funds.
‘‘(e) USE OF FUNDS.—
‘‘(1) IN GENERAL.—
‘‘(A) REQUIRED
ACTIVITIES.—Except as provided in
subparagraph (B) and paragraph (6), any State that
receives a grant under this section shall use a portion
of the funds made available through the grant to carry
out activities described in paragraphs (2) and (3).
‘‘(B) STATE OR NON-FEDERAL FINANCIAL SUPPORT.—A
State shall not be required to use a portion of the funds
made available through the grant to carry out the category
of activities described in subparagraph (A), (B), (C), or
(D) of paragraph (2) if, in that State—
‘‘(i) financial support is provided from State or
other non-Federal resources or entities for that cat-
egory of activities; and
‘‘(ii) the amount of the financial support is com-
parable to, or greater than, the amount of the portion
of the funds made available through the grant that
the State would have expended for that category of
activities, in the absence of this subparagraph.
‘‘(2) STATE-LEVEL ACTIVITIES.—
‘‘(A) STATE
FINANCING
ACTIVITIES.—The State shall
support State financing activities to increase access to,
and funding for, assistive technology devices and assistive
technology services (which shall not include direct payment
for such a device or service for an individual with a dis-
ability but may include support and administration of a
program to provide such payment), including development
of systems to provide and pay for such devices and services,
for targeted individuals and entities described in section
3(16)(A), including—
‘‘(i) support for the development of systems for
the purchase, lease, or other acquisition of, or payment
for, assistive technology devices and assistive tech-
nology services; or