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Usted está aquí: Inicio / Servicios / Información / Leyes y Reglamentos / Leyes Federales / Public Law 108-364, October 25, 2004 - Assistive Technology Act of 2004

Public Law 108-364, October 25, 2004 - Assistive Technology Act of 2004

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.

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Public Law 108-364, 108th Congress - Assistive Technology Act of 2004


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 assembled

, <<NOTE: Assistive Technology Act of 2004.>>

 

SECTION 1. SHORT TITLE. <<NOTE: 29 USC 3001 note.>>
    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. SHORT TITLE; TABLE OF CONTENTS. <<NOTE: 29 USC 3001 note.>>
       "(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. FINDINGS AND PURPOSES. <<NOTE: 29 USC 3001.>>
       "(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 eco-
        nomic, political, social, cultural, and educational main-
        stream of society in the United States.
              "(3) Technology is one of the primary engines for economic
        activity, education, and innovation in the Nation, and through-
        out 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 impor-   
        tant 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 tech-
        nology 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 expendi-
        tures associated with early childhood intervention, education,
        rehabilitation and training, health care, employment, residen-
        tial 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 pro-
        grams of technology-related assistance, which have proven effec-
        tive 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 disabil-
        ities 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 independ-
        ence and participation of individuals with disabilities in society.
              "(8) The combination of significant recent changes in Fed-
        eral policy (including changes to section 508 of the Rehabilita-
        tion 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
        State assistive technology systems to continue to ensure that
        individuals with disabilities reap the benefits of the techno-
        logical 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 assist-
        ance, 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 sup-
        ports programs designed to maximize the ability of individuals
        with disabilities and their family members, guardians, advo-
        cates, and authorized representatives to obtain assistive tech-
        nology devices and assistive technology services.

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"SEC. 3. DEFINITIONS. <<NOTE: 29 USC 3002.>>
        "In this Act:
              "(1) Adult service program.--The term `adult service pro-
        gram' means a program that provides services to, or is otherwise
        substantially involved with the major life functions of, individ-
        uals with disabilities. Such term includes--
                      "(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 Disabil-
        ities 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 sub-
        title C of title I of such Act (42 U.S.C. 15041 et seq.).
               "(3) Assistive technology.--The term 'assistive tech-
        nology' 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 indi-
               vidual in the customary environment of the individual;
                      "(B) a service consisting of purchasing, leasing, or
               otherwise providing for the acquisition of assistive tech-
               nology 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, inter-
               ventions, or services with assistive technology devices, such
               as therapies, interventions, or services associated with edu-
               cation and rehabilitation plans and programs;
                      "(E) training or technical assistance for an individual
               with a disability or, where appropriate, the family mem-
               bers, guardians, advocates, or authorized representatives
               of such an individual;
                      "(F) training or technical assistance for professionals
               (including individuals providing education and rehabilita-
               tion services and entities that manufacture or sell assistive
               technology devices), employers, providers of employment
               and training services, or other individuals who provide
               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 con-
              sumer-responsive programs or entities; and
                      "(B) facilitate and increase access to, provision of,
              and funding for, assistive technology devices and assistive tech-
              nology 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 pro-
        gram of technology-related assistance' means a consumer-
        responsive program of technology-related assistance for individ-
        uals 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 respon-
               sibility, 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 dis-
               ability 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, individ-
               uals 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
                       "(iii) facilitates the full and meaningful participa-
               tion of individuals with disabilities (including individ-
               uals 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 tech-
                      nology services to such individuals; and
                             "(II) decisions related to the maintenance,
                      improvement, and evaluation of the comprehensive
                      statewide program of technology-related assist-
                      ance, 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 'indi-
              vidual 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 Develop-
              mental 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 Sec-
        retary 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,
                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.

            "(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.

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"SEC. 4. STATE GRANTS FOR ASSISTIVE TECHNOLOGY. <<NOTE: 29 USC 3003.>>

    "(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
                                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

                                    "(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);

                                   "(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.);

                          "(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;

                    "(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
                          ``(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.--

                          ``(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.

                          ``(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

                      (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;

                                    ``(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
                      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.

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"SEC. 5. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES RELATED TO ASSISTIVE TECHNOLOGY. <<NOTE: 29 USC 3004.>>

    ``(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
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
        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.

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"SEC. 6. NATIONAL ACTIVITIES. <<NOTE: 29 USC 3005.>>

    ``(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--

                                    ``(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).

            ``(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);

                          ``(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

                          ``(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.

                          ``(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;

                                    ``(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;

            ``(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.

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"SEC. 7.ADMINISTRATIVE PROVISIONS. <<NOTE: 29 USC 3006.>>

    ``(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 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
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.

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"SEC. 8. AUTHORIZATION OF APPROPRIATIONS. <<NOTE: 29 USC 3007.>>

    "(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.''.

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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, 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.

 

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