[108th Congress Public Law 364]
[From the U.S. Government Printing Office]
[DOCID: f:publ364.108]
[[Page 118 STAT. 1707]]
Public Law 108-364
108th Congress
An Act
To amend the Assistive Technology Act of 1998 to support programs of
grants to States to address the assistive technology needs of
individuals with disabilities, and for other purposes. <<NOTE: Oct. 25,
2004 - [H.R. 4278]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Assistive Technology Act of
2004.>> assembled,
SECTION 1. SHORT <<NOTE: 29 USC 3001 note.>> TITLE.
This Act may be cited as the ``Assistive Technology Act of 2004''.
SEC. 2. AMENDMENT TO THE ASSISTIVE TECHNOLOGY ACT OF 1998.
The Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) is
amended to read as follows:
``SECTION 1. <<NOTE: 29 USC 3001 note.>> SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Assistive
Technology Act of 1998'.
``(b) Table of Contents.--The table of contents of this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Findings and purposes.
``Sec. 3. Definitions.
``Sec. 4. State grants for assistive technology.
``Sec. 5. State grants for protection and advocacy services
related to assistive technology.
``Sec. 6. National activities.
``Sec. 7. Administrative provisions.
``Sec. 8. Authorization of appropriations.
``SEC. 2. <<NOTE: 29 USC 3001.>> FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds the following:
``(1) Over 54,000,000 individuals in the United States have
disabilities, with almost half experiencing severe disabilities
that affect their ability to see, hear, communicate, reason,
walk, or perform other basic life functions.
``(2) Disability is a natural part of the human experience
and in no way diminishes the right of individuals to--
``(A) live independently;
``(B) enjoy self-determination and make choices;
``(C) benefit from an education;
``(D) pursue meaningful careers; and
``(E) enjoy full inclusion and integration in the
economic, political, social, cultural, and educational
mainstream of society in the United States.
[[Page 118 STAT. 1708]]
``(3) Technology is one of the primary engines for economic
activity, education, and innovation in the Nation, and
throughout the world. The commitment of the United States to the
development and utilization of technology is one of the main
factors underlying the strength and vibrancy of the economy of
the United States.
``(4) As technology has come to play an increasingly
important role in the lives of all persons in the United States,
in the conduct of business, in the functioning of government, in
the fostering of communication, in the conduct of commerce, and
in the provision of education, its impact upon the lives of
individuals with disabilities in the United States has been
comparable to its impact upon the remainder of the citizens of
the United States. Any development in mainstream technology will
have profound implications for individuals with disabilities in
the United States.
``(5) Substantial progress has been made in the development
of assistive technology devices, including adaptations to
existing devices that facilitate activities of daily living that
significantly benefit individuals with disabilities of all ages.
These devices, including adaptations, increase involvement in,
and reduce expenditures associated with, programs and activities
that facilitate communication, ensure independent functioning,
enable early childhood development, support educational
achievement, provide and enhance employment options, and enable
full participation in community living for individuals with
disabilities. Access to such devices can also reduce
expenditures associated with early childhood intervention,
education, rehabilitation and training, health care, employment,
residential living, independent living, recreation
opportunities, and other aspects of daily living.
``(6) Over the last 15 years, the Federal Government has
invested in the development of comprehensive statewide programs
of technology-related assistance, which have proven effective in
assisting individuals with disabilities in accessing assistive
technology devices and assistive technology services. This
partnership between the Federal Government and the States
provided an important service to individuals with disabilities
by strengthening the capacity of each State to assist
individuals with disabilities of all ages meet their assistive
technology needs.
``(7) Despite the success of the Federal-State partnership
in providing access to assistive technology devices and
assistive technology services, there is a continued need to
provide information about the availability of assistive
technology, advances in improving accessibility and
functionality of assistive technology, and appropriate methods
to secure and utilize assistive technology in order to maximize
the independence and participation of individuals with
disabilities in society.
``(8) The combination of significant recent changes in
Federal policy (including changes to section 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 794d), accessibility
provisions of the Help America Vote Act of 2002 (42 U.S.C. 15301
et seq.), and the amendments made to the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) by the
No Child Left Behind Act of 2001) and the rapid and unending
evolution of technology require a Federal-State investment in
[[Page 118 STAT. 1709]]
State assistive technology systems to continue to ensure that
individuals with disabilities reap the benefits of the
technological revolution and participate fully in life in their
communities.
``(b) Purposes.--The purposes of this Act are--
``(1) to support State efforts to improve the provision of
assistive technology to individuals with disabilities through
comprehensive statewide programs of technology-related
assistance, for individuals with disabilities of all ages, that
are designed to--
``(A) increase the availability of, funding for,
access to, provision of, and training about assistive
technology devices and assistive technology services;
``(B) increase the ability of individuals with
disabilities of all ages to secure and maintain
possession of assistive technology devices as such
individuals make the transition between services offered
by educational or human service agencies or between
settings of daily living (for example, between home and
work);
``(C) increase the capacity of public agencies and
private entities to provide and pay for assistive
technology devices and assistive technology services on
a statewide basis for individuals with disabilities of
all ages;
``(D) increase the involvement of individuals with
disabilities and, if appropriate, their family members,
guardians, advocates, and authorized representatives, in
decisions related to the provision of assistive
technology devices and assistive technology services;
``(E) increase and promote coordination among State
agencies, between State and local agencies, among local
agencies, and between State and local agencies and
private entities (such as managed care providers), that
are involved or are eligible to be involved in carrying
out activities under this Act;
``(F) increase the awareness and facilitate the
change of laws, regulations, policies, practices,
procedures, and organizational structures, that
facilitate the availability or provision of assistive
technology devices and assistive technology services;
and
``(G) increase awareness and knowledge of the
benefits of assistive technology devices and assistive
technology services among targeted individuals and
entities and the general population; and
``(2) to provide States with financial assistance that
supports programs designed to maximize the ability of
individuals with disabilities and their family members,
guardians, advocates, and authorized representatives to obtain
assistive technology devices and assistive technology services.
``SEC. 3. <<NOTE: 29 USC 3002.>> DEFINITIONS.
``In this Act:
``(1) Adult service program.--The term `adult service
program' means a program that provides services to, or is
otherwise substantially involved with the major life functions
of, individuals with disabilities. Such term includes--
[[Page 118 STAT. 1710]]
``(A) a program providing residential, supportive,
or employment services, or employment-related services,
to individuals with disabilities;
``(B) a program carried out by a center for
independent living, such as a center described in part C
of title VII of the Rehabilitation Act of 1973 (29
U.S.C. 796f et seq.);
``(C) a program carried out by an employment support
agency connected to adult vocational rehabilitation,
such as a one-stop partner, as defined in section 101 of
the Workforce Investment Act of 1998 (29 U.S.C. 2801);
and
``(D) a program carried out by another organization
or vender licensed or registered by the designated State
agency, as defined in section 7 of the Rehabilitation
Act of 1973 (29 U.S.C. 705).
``(2) American indian consortium.--The term `American Indian
consortium' means an entity that is an American Indian
Consortium (as defined in section 102 of Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15002)), and that is established to provide protection
and advocacy services for purposes of receiving funding under
subtitle C of title I of such Act (42 U.S.C. 15041 et seq.).
``(3) Assistive technology.--The term `assistive technology'
means technology designed to be utilized in an assistive
technology device or assistive technology service.
``(4) Assistive technology device.--The term `assistive
technology device' means any item, piece of equipment, or
product system, whether acquired commercially, modified, or
customized, that is used to increase, maintain, or improve
functional capabilities of individuals with disabilities.
``(5) Assistive technology service.--The term `assistive
technology service' means any service that directly assists an
individual with a disability in the selection, acquisition, or
use of an assistive technology device. Such term includes--
``(A) the evaluation of the assistive technology
needs of an individual with a disability, including a
functional evaluation of the impact of the provision of
appropriate assistive technology and appropriate
services to the individual in the customary environment
of the individual;
``(B) a service consisting of purchasing, leasing,
or otherwise providing for the acquisition of assistive
technology devices by individuals with disabilities;
``(C) a service consisting of selecting, designing,
fitting, customizing, adapting, applying, maintaining,
repairing, replacing, or donating assistive technology
devices;
``(D) coordination and use of necessary therapies,
interventions, or services with assistive technology
devices, such as therapies, interventions, or services
associated with education and rehabilitation plans and
programs;
``(E) training or technical assistance for an
individual with a disability or, where appropriate, the
family members, guardians, advocates, or authorized
representatives of such an individual;
``(F) training or technical assistance for
professionals (including individuals providing education
and rehabilitation services and entities that
manufacture or sell assistive technology devices),
employers, providers of employment and training
services, or other individuals who provide
[[Page 118 STAT. 1711]]
services to, employ, or are otherwise substantially
involved in the major life functions of individuals with
disabilities; and
``(G) a service consisting of expanding the
availability of access to technology, including
electronic and information technology, to individuals
with disabilities.
``(6) Capacity building and advocacy activities.--The term
`capacity building and advocacy activities' means efforts that--
``(A) result in laws, regulations, policies,
practices, procedures, or organizational structures that
promote consumer-responsive programs or entities; and
``(B) facilitate and increase access to, provision
of, and funding for, assistive technology devices and
assistive technology services, in order to empower
individuals with disabilities to achieve greater
independence, productivity, and integration and
inclusion within the community and the workforce.
``(7) Comprehensive statewide program of technology-related
assistance.--The term `comprehensive statewide program of
technology-related assistance' means a consumer-responsive
program of technology-related assistance for individuals with
disabilities, implemented by a State, and equally available to
all individuals with disabilities residing in the State,
regardless of their type of disability, age, income level, or
location of residence in the State, or the type of assistive
technology device or assistive technology service required.
``(8) Consumer-responsive.--The term `consumer-responsive'--
``(A) with regard to policies, means that the
policies are consistent with the principles of--
``(i) respect for individual dignity, personal
responsibility, self-determination, and pursuit of
meaningful careers, based on informed choice, of
individuals with disabilities;
``(ii) respect for the privacy, rights, and
equal access (including the use of accessible
formats) of such individuals;
``(iii) inclusion, integration, and full
participation of such individuals in society;
``(iv) support for the involvement in
decisions of a family member, a guardian, an
advocate, or an authorized representative, if an
individual with a disability requests, desires, or
needs such involvement; and
``(v) support for individual and systems
advocacy and community involvement; and
``(B) with respect to an entity, program, or
activity, means that the entity, program, or activity--
``(i) is easily accessible to, and usable by,
individuals with disabilities and, when
appropriate, their family members, guardians,
advocates, or authorized representatives;
``(ii) responds to the needs of individuals
with disabilities in a timely and appropriate
manner; and
[[Page 118 STAT. 1712]]
``(iii) facilitates the full and meaningful
participation of individuals with disabilities
(including individuals from underrepresented
populations and rural populations) and their
family members, guardians, advocates, and
authorized representatives, in--
``(I) decisions relating to the
provision of assistive technology
devices and assistive technology
services to such individuals; and
``(II) decisions related to the
maintenance, improvement, and evaluation
of the comprehensive statewide program
of technology-related assistance,
including decisions that affect capacity
building and advocacy activities.
``(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 Federal 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; individuals 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 deterioration 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 1
individual with a disability.
``(11) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)), and includes a community college receiving
funding under the Tribally Controlled College or University
Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
``(12) Protection and advocacy services.--The term
`protection and advocacy services' means services that--
``(A) are described in subtitle C of title I of the
Developmental Disabilities Assistance and Bill of Rights
Act of 2000 (42 U.S.C. 15041 et seq.), the Protection
and Advocacy for Individuals with Mental Illness Act (42
U.S.C. 10801 et seq.), or section 509 of the
Rehabilitation Act of 1973 (29 U.S.C. 794e); 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 of the 50
States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam,
[[Page 118 STAT. 1713]]
American Samoa, and the Commonwealth of the Northern
Mariana Islands.
``(B) Outlying areas.--In section 4(b):
``(i) Outlying area.--The term `outlying 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 Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands.
``(15) State assistive technology program.--The term `State
assistive technology program' means a program authorized under
section 4.
``(16) Targeted individuals and entities.--The term
`targeted individuals and entities' means--
``(A) individuals with disabilities of all ages and
their family members, guardians, advocates, and
authorized representatives;
``(B) underrepresented populations, including the
aging workforce;
``(C) individuals who work for public or private
entities (including centers for independent living
described in part C of title VII of the Rehabilitation
Act of 1973 (29 U.S.C. 796f et seq.), insurers, or
managed care providers) that have contact, or provide
services to, with individuals with disabilities;
``(D) educators at all levels (including providers
of early intervention services, elementary schools,
secondary schools, community colleges, and vocational
and other institutions of higher education) and related
services personnel;
``(E) technology experts (including web designers
and procurement officials);
``(F) health, allied health, and rehabilitation
professionals and hospital employees (including
discharge planners);
``(G) employers, especially small business
employers, and providers of employment and training
services;
``(H) entities that manufacture or sell assistive
technology devices;
``(I) entities that carry out community programs
designed to develop essential community services in
rural and urban areas; and
``(J) other appropriate individuals and entities, as
determined for a State by the State.
``(17) Technology-related assistance.--The term `technology-
related assistance' means assistance provided through capacity
building and advocacy activities that accomplish the purposes
described in section 2(b).
``(18) Underrepresented population.--The term
`underrepresented population' means a population that is
typically underrepresented in service provision, and includes
populations such as persons who have low-incidence disabilities,
persons who are minorities, poor persons, persons with limited
English proficiency, older individuals, or persons from rural
areas.
[[Page 118 STAT. 1714]]
``(19) Universal design.--The term `universal design' means
a concept or philosophy for designing 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 accessible (without requiring
assistive technologies) and products and services that are
interoperable with assistive technologies.
``SEC. 4. <<NOTE: 29 USC 3003.>> STATE GRANTS FOR ASSISTIVE TECHNOLOGY.
``(a) Grants to States.--The Secretary shall award grants under
subsection (b) to States to maintain comprehensive statewide programs of
technology-related assistance to support programs that are designed to
maximize the ability of individuals with disabilities across the human
lifespan and across the wide array of disabilities, and their family
members, guardians, advocates, and authorized representatives, to obtain
assistive technology, and that are designed to increase access to
assistive technology.
``(b) Amount of Financial Assistance.--
``(1) In general.--From funds made available to carry out
this section, the Secretary shall award a grant to each eligible
State and eligible outlying area from an allotment determined in
accordance with paragraph (2).
``(2) Calculation of state grants.--
``(A) Base year.--Except as provided in
subparagraphs (B) and (C), the Secretary shall allot to
each State and outlying area for a fiscal year an amount
that is not less than the amount the State or outlying
area received under the grants provided under section
101 of this Act (as in effect on the day before the date
of enactment of the Assistive Technology Act of 2004)
for fiscal year 2004.
``(B) Ratable reduction.--
``(i) In general.--If funds made available to
carry out this section for any fiscal year are
insufficient to make the allotments required for
each State and outlying area under subparagraph
(A) for such fiscal year, the Secretary shall
ratably reduce the allotments for such fiscal
year.
``(ii) Additional funds.--If, after the
Secretary makes the reductions described in clause
(i), additional funds become available to carry
out this section for the fiscal year, the
Secretary shall ratably increase the allotments,
until the Secretary has allotted the entire base
year amount.
``(C) Higher appropriation years.--Except as
provided in subparagraph (D), for a fiscal year for
which the amount of funds made available to carry out
this section is greater than the base year amount, the
Secretary shall--
``(i) make the allotments described in
subparagraph (A);
``(ii) from a portion of the remainder of the
funds after the Secretary makes the allotments
described in clause (i), the Secretary shall--
``(I) from 50 percent of the
portion, allot to each State or outlying
area an equal amount; and
``(II) from 50 percent of the
portion, allot to each State or outlying
area an amount that bears the same
relationship to such 50 percent as the
[[Page 118 STAT. 1715]]
population of the State or outlying area
bears to the population of all States
and outlying areas,
until each State has received an allotment of not
less than $410,000 and each outlying area has
received an allotment of $125,000 under clause (i)
and this clause;
``(iii) from the remainder of the funds after
the Secretary makes the allotments described in
clause (ii), the Secretary shall--
``(I) from 80 percent of the
remainder allot to each State an amount
that bears the same relationship to such
80 percent as the population of the
State bears to the population of all
States; and
``(II) from 20 percent of the
remainder, allot to each State an equal
amount.
``(D) Special rule for fiscal year 2005.--
Notwithstanding subparagraph (C), if the amount of funds
made available to carry out this section for fiscal year
2005 is greater than the base year amount, the Secretary
may award grants on a competitive basis for periods of 1
year to States or outlying areas in accordance with the
requirements of title III of this Act (as in effect on
the day before the date of enactment of the Assistive
Technology Act of 2004) to develop, support, expand, or
administer an alternative financing program.
``(E) Base year amount.--In this paragraph, the term
`base year amount' means the total amount received by
all States and outlying areas under the grants described
in subparagraph (A) for fiscal year 2004.
``(c) Lead Agency, Implementing Entity, and Advisory Council.--
``(1) Lead agency and implementing entity.--
``(A) Lead agency.--
``(i) In general.--The Governor of a State
shall designate a public agency as a lead agency--
``(I) to control and administer the
funds made available through the grant
awarded to the State under this section;
and
``(II) to submit the application
described in subsection (d) on behalf of
the State, to ensure conformance with
Federal and State accounting
requirements.
``(ii) Duties.--The duties of the lead agency
shall include--
``(I) preparing the application
described in subsection (d) and carrying
out State activities described in that
application, including making
programmatic and resource allocation
decisions necessary to implement the
comprehensive statewide program of
technology-related assistance;
``(II) coordinating the activities
of the comprehensive statewide program
of technology-related assistance among
public and private entities, including
coordinating efforts related to entering
into interagency agreements, and
maintaining and evaluating the program;
and
[[Page 118 STAT. 1716]]
``(III) coordinating efforts related
to the active, timely, and meaningful
participation by individuals with
disabilities and their family members,
guardians, advocates, or authorized
representatives, and other appropriate
individuals, with respect to activities
carried out through the grant.
``(B) Implementing entity.--The Governor may
designate 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 designated 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.
`` <<NOTE: Establishment.>> (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);
[[Page 118 STAT. 1717]]
``(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 determined 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.--Members 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
performance of official duties for the advisory council.
``(D) Period.--The <<NOTE: Deadline.>> 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
policies.--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 application
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
provision of assistive technology to individuals
with disabilities who receive services under the
Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.);
[[Page 118 STAT. 1718]]
``(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
technology; and
``(iv) community living; and
``(B) information describing how the State will
quantifiably 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
entities 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
section; 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
implementing 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 disabilities;
[[Page 118 STAT. 1719]]
``(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
authorized under this Act, and supported by Federal
funds received under this Act, will comply with the
standards established by the Architectural and
Transportation Barriers Compliance Board under section
508 of the Rehabilitation Act of 1973 (20 U.S.C. 794d);
and
``(H) <<NOTE: Reports. Records.>> 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 category of activities; and
``(ii) the amount of the financial support is
comparable 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 disability 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 technology services; or
[[Page 118 STAT. 1720]]
``(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 provision 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
individuals, to the extent practicable,
comprehensive information 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.--
[[Page 118 STAT. 1721]]
``(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 settings 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
Federal, State, and private
funding sources available 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
functions;
``(dd) training in the
importance of multiple
approaches to assessment and
implementation necessary to meet
the individualized 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, conduct training, facilitate
access to assistive technology, 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.
[[Page 118 STAT. 1722]]
``(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,
appropriateness, and costs of assistive
technology devices and assistive
technology services, including--
``(aa) the development of
procedures for providing direct
communication between providers
of assistive technology and
targeted individuals and
entities, which may include
partnerships with entities in
the statewide and local
workforce investment systems
established under the Workforce
Investment Act of 1998 (29
U.S.C. 2801 et seq.), State
vocational rehabilitation
centers, public and private
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 appropriate public
and private agencies that
provide social, medical,
educational, employment, and
transportation services to
individuals with disabilities.
``(II) Collaboration.--The State
shall collaborate with entities that
receive awards under paragraphs (1) and
(3) of section 6(b) to carry out public-
awareness activities focusing on
infants, toddlers, children, transition-
age youth, employment-age adults,
seniors, and employers.
``(III) Statewide information and
referral system.--
``(aa) In general.--The
State shall directly, or in
collaboration with public or
private (such as nonprofit)
entities, provide for the
continuation and enhancement of
a statewide 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
[[Page 118 STAT. 1723]]
(2) and this paragraph, among public and private
entities 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
subparagraph (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
collected 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 activities;
[[Page 118 STAT. 1724]]
``(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
reutilization 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 subsection (e)(3)(B)(i) (such as
individuals with disabilities, parents, educators,
employers, providers of employment services,
health care workers, counselors, other service
providers, or vendors) and the topics of such
training; and
``(II) to the extent practicable, the
geographic distribution of individuals who
participated in the training;
``(vii) the frequency of provision and nature
of technical assistance provided to State and
local agencies and other entities;
``(viii) the number of individuals assisted
through the public-awareness activities and
statewide information 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 written 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 contexts of
education, health care, employment, community
living, and information technology and
telecommunications, 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
[[Page 118 STAT. 1725]]
entities to carry out State activities described
in subsection (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. <<NOTE: 29 USC 3004.>> 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
acquisition, 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
Secretary 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
appropriations, 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 Mariana 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
[[Page 118 STAT. 1726]]
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 protection 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 services 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 generated 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 technology services.
``(f) Report to Secretary.--An entity that receives 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
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
[[Page 118 STAT. 1727]]
family members, guardians, advocates, and authorized
representatives to advocate the provision of assistive
technology devices and assistive 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 capacity building and advocacy
activities 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 concerning 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. <<NOTE: 29 USC 3005.>> NATIONAL ACTIVITIES.
``(a) In General.--In order to support activities designed to
improve the administration of this Act, the Secretary, under subsection
(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
Secretary 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 targeted individuals and entities;
``(ii) contains appropriate accessible
multimedia materials to reach targeted individuals
and entities, for dissemination to State assistive
technology programs; and
``(iii) in coordination with State assistive
technology 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--
[[Page 118 STAT. 1728]]
``(I) a lead agency or implementing
entity for a State assistive technology
program or an organization or
association that represents implementing
entities for State assistive technology
programs;
``(II) a private or public entity
from the media industry;
``(III) a private entity from the
assistive technology 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
accessibility of assistive technology, and
standards for interoperability (including open
standards) of assistive technology with
information technology, telecommunications
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 paragraph 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 authorized 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 individuals 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 organization that
represents such councils).
[[Page 118 STAT. 1729]]
``(3) State training and technical assistance.--
`` <<NOTE: Grant. Contract.>> (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 programs for individuals
with disabilities, related to improving
funding for or access to assistive
technology 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
structures, 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, evaluating, and sustaining
activities described in sections 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, practices, 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-controlled 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
promote fuller independence,
productivity, and inclusion in society
for individuals with disabilities of all
ages; and
``(II) technical assistance
activities undertaken under clause (i);
[[Page 118 STAT. 1730]]
``(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 information sharing using
state-of-the-art Internet technologies
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 recommendations 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 programs;
``(V) maintaining an accessible
website that includes a link to State
assistive technology programs,
appropriate Federal departments and
agencies, and private associations and
developing a national toll-free number
that links callers from a State with the
State assistive technology program 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 technology for required and
discretionary activities identified in
section 4, and reducing duplication of
activities among State assistive
technology programs; and
``(VII) providing access to experts
in the areas of banking, microlending,
and finance, for entities funded under
this Act, through site visits,
teleconferences, 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 programs; 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
paragraph, an entity shall have (directly or through
grant or contract)--
``(i) experience and expertise in
administering programs, including developing,
implementing, and administering the required and
discretionary activities described in sections 4
and 5, and providing technical assistance; and
[[Page 118 STAT. 1731]]
``(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 paragraph 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 technology;
``(iv) the data-collection and reporting
providers described in paragraph (5); and
``(v) other providers of national programs or
programs of national significance funded under
this Act.
``(4) National information internet system.--
``(A) In general.--
The <<NOTE: Grant. Contract.>> 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
innovative 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
disabilities in the areas of education,
employment, health care, community
living, and telecommunications and
information technology.
``(III) Resources for a number of
disabilities.--The site shall include
resources relating to the largest
possible number of disabilities,
including resources relating to low-
level reading skills.
[[Page 118 STAT. 1732]]
``(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 agreement 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
Technology 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
minimum, the site shall maintain updated
information on--
``(I) State assistive technology
program demonstration 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 independently 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 dissemination
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-
development services for adults with
low-level reading skills;
[[Page 118 STAT. 1733]]
``(IV) developing cooperative
partnerships with the private sector,
particularly with private-sector
computer software, hardware, and
Internet services entities; and
``(V) developing and designing
advanced Internet sites.
``(5) Data-collection and reporting assistance.--
``(A) In general.--
The <<NOTE: Grants. Contracts.>> Secretary shall award
grants, contracts, and cooperative agreements to
entities to assist the entities in carrying out State
assistive technology programs in developing and
implementing effective data-collection and reporting
systems that--
``(i) focus on quantitative and qualitative
data elements;
``(ii) measure the outcomes of the required
activities 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
paragraph, an entity shall have personnel with--
``(i) documented experience and expertise in
administering State assistive technology programs;
``(ii) experience in collecting and analyzing
data associated with implementing required and
discretionary 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 subsection
(b) to be funded under this section, including the national and
regionally based training and technical assistance efforts carried out
through the activities, in designing the activities the Secretary 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
technology 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
systems funded under section 5;
[[Page 118 STAT. 1734]]
``(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
developers.
``SEC. 7. <<NOTE: 29 USC 3006.>> ADMINISTRATIVE PROVISIONS.
``(a) General Administration.--
``(1) In general.--Notwithstanding any other provision of
law, the Assistant Secretary for Special Education and
Rehabilitative 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
Services 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
programs funded under this Act will address the needs of
individuals 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, programs 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 Technology Act of 2004.
`` <<NOTE: Termination date.>> (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 complying
with the applicable requirements of this Act and achieving
measurable goals that are consistent with the requirements 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 subsection
(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
substantially comply with the applicable requirements of this
Act, or to make substantial progress toward achieving the
measurable goals described in subsection (b)(1) with respect to
the grant program, the Secretary shall assist the entity,
through
[[Page 118 STAT. 1735]]
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
designated 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
submitted 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 construed as
authorizing a Federal or State agency to reduce medical
[[Page 118 STAT. 1736]]
or other assistance available, or to alter eligibility for a benefit or
service, under any other Federal law.
``(g) Rule.--The <<NOTE: Applicability.>> 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. <<NOTE: 29 USC 3007.>> 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 available 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) <<NOTE: 42 USC 15024.>> 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) <<NOTE: 42 USC 15025.>> 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) <<NOTE: 42 USC 15043.>> 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,
[[Page 118 STAT. 1737]]
3012)'' and inserting ``section 4 or 5 of the Assistive
Technology Act of 1998''; and
(4) <<NOTE: 42 USC 15064.>> 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) <<NOTE: 29 USC 763.>> 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) <<NOTE: 29 USC 781.>> in section 401(c)(2), by striking
``targeted individuals'' and inserting ``targeted individuals
and entities''; and
(3) <<NOTE: 29 USC 792.>> in section 502(d), by striking
``targeted individuals'' and inserting ``targeted individuals
and entities''.
Approved October 25, 2004.
LEGISLATIVE HISTORY--H.R. 4278:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 108-514 (Comm. on Education and the Workforce).
CONGRESSIONAL RECORD, Vol. 150 (2004):
June 14, considered and passed House.
Sept. 30, considered and passed Senate, amended.
Oct. 8, House concurred in Senate amendment.
<all>