Text: H.R.4278 — 108th Congress (2003-2004)All Bill Information (Except Text)

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Public Law No: 108-364 (10/25/2004)

 
[108th Congress Public Law 364]
[From the U.S. Government Printing Office]


[DOCID: f:publ364.108]

[[Page 118 STAT. 1707]]

Public Law 108-364
108th Congress

                                 An Act


 
  To amend the Assistive Technology Act of 1998 to support programs of 
     grants to States to address the assistive technology needs of 
individuals with disabilities, and for other purposes. <<NOTE: Oct. 25, 
                         2004 -  [H.R. 4278]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Assistive Technology Act of 
2004.>> assembled,

SECTION 1. SHORT <<NOTE: 29 USC 3001 note.>> TITLE.

    This Act may be cited as the ``Assistive Technology Act of 2004''.

SEC. 2. AMENDMENT TO THE ASSISTIVE TECHNOLOGY ACT OF 1998.

    The Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.) is 
amended to read as follows:

``SECTION 1. <<NOTE: 29 USC 3001 note.>> SHORT TITLE; TABLE OF CONTENTS.

    ``(a) Short Title.--This Act may be cited as the `Assistive 
Technology Act of 1998'.
    ``(b) Table of Contents.--The table of contents of this Act is as 
follows:

        ``Sec. 1. Short title; table of contents.
        ``Sec. 2. Findings and purposes. 
        ``Sec. 3. Definitions. 
        ``Sec. 4. State grants for assistive technology. 
        ``Sec. 5. State grants for protection and advocacy services 
                            related to assistive technology. 
        ``Sec. 6. National activities.
        ``Sec. 7. Administrative provisions. 
        ``Sec. 8. Authorization of appropriations. 

``SEC. 2. <<NOTE: 29 USC 3001.>> FINDINGS AND PURPOSES.

    ``(a) Findings.--Congress finds the following:
            ``(1) Over 54,000,000 individuals in the United States have 
        disabilities, with almost half experiencing severe disabilities 
        that affect their ability to see, hear, communicate, reason, 
        walk, or perform other basic life functions.
            ``(2) Disability is a natural part of the human experience 
        and in no way diminishes the right of individuals to--
                    ``(A) live independently;
                    ``(B) enjoy self-determination and make choices;
                    ``(C) benefit from an education;
                    ``(D) pursue meaningful careers; and
                    ``(E) enjoy full inclusion and integration in the 
                economic, political, social, cultural, and educational 
                mainstream of society in the United States.

[[Page 118 STAT. 1708]]

            ``(3) Technology is one of the primary engines for economic 
        activity, education, and innovation in the Nation, and 
        throughout the world. The commitment of the United States to the 
        development and utilization of technology is one of the main 
        factors underlying the strength and vibrancy of the economy of 
        the United States.
            ``(4) As technology has come to play an increasingly 
        important role in the lives of all persons in the United States, 
        in the conduct of business, in the functioning of government, in 
        the fostering of communication, in the conduct of commerce, and 
        in the provision of education, its impact upon the lives of 
        individuals with disabilities in the United States has been 
        comparable to its impact upon the remainder of the citizens of 
        the United States. Any development in mainstream technology will 
        have profound implications for individuals with disabilities in 
        the United States.
            ``(5) Substantial progress has been made in the development 
        of assistive technology devices, including adaptations to 
        existing devices that facilitate activities of daily living that 
        significantly benefit individuals with disabilities of all ages. 
        These devices, including adaptations, increase involvement in, 
        and reduce expenditures associated with, programs and activities 
        that facilitate communication, ensure independent functioning, 
        enable early childhood development, support educational 
        achievement, provide and enhance employment options, and enable 
        full participation in community living for individuals with 
        disabilities. Access to such devices can also reduce 
        expenditures associated with early childhood intervention, 
        education, rehabilitation and training, health care, employment, 
        residential living, independent living, recreation 
        opportunities, and other aspects of daily living.
            ``(6) Over the last 15 years, the Federal Government has 
        invested in the development of comprehensive statewide programs 
        of technology-related assistance, which have proven effective in 
        assisting individuals with disabilities in accessing assistive 
        technology devices and assistive technology services. This 
        partnership between the Federal Government and the States 
        provided an important service to individuals with disabilities 
        by strengthening the capacity of each State to assist 
        individuals with disabilities of all ages meet their assistive 
        technology needs.
            ``(7) Despite the success of the Federal-State partnership 
        in providing access to assistive technology devices and 
        assistive technology services, there is a continued need to 
        provide information about the availability of assistive 
        technology, advances in improving accessibility and 
        functionality of assistive technology, and appropriate methods 
        to secure and utilize assistive technology in order to maximize 
        the independence and participation of individuals with 
        disabilities in society.
            ``(8) The combination of significant recent changes in 
        Federal policy (including changes to section 508 of the 
        Rehabilitation Act of 1973 (29 U.S.C. 794d), accessibility 
        provisions of the Help America Vote Act of 2002 (42 U.S.C. 15301 
        et seq.), and the amendments made to the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) by the 
        No Child Left Behind Act of 2001) and the rapid and unending 
        evolution of technology require a Federal-State investment in

[[Page 118 STAT. 1709]]

        State assistive technology systems to continue to ensure that 
        individuals with disabilities reap the benefits of the 
        technological revolution and participate fully in life in their 
        communities.

    ``(b) Purposes.--The purposes of this Act are--
            ``(1) to support State efforts to improve the provision of 
        assistive technology to individuals with disabilities through 
        comprehensive statewide programs of technology-related 
        assistance, for individuals with disabilities of all ages, that 
        are designed to--
                    ``(A) increase the availability of, funding for, 
                access to, provision of, and training about assistive 
                technology devices and assistive technology services;
                    ``(B) increase the ability of individuals with 
                disabilities of all ages to secure and maintain 
                possession of assistive technology devices as such 
                individuals make the transition between services offered 
                by educational or human service agencies or between 
                settings of daily living (for example, between home and 
                work);
                    ``(C) increase the capacity of public agencies and 
                private entities to provide and pay for assistive 
                technology devices and assistive technology services on 
                a statewide basis for individuals with disabilities of 
                all ages;
                    ``(D) increase the involvement of individuals with 
                disabilities and, if appropriate, their family members, 
                guardians, advocates, and authorized representatives, in 
                decisions related to the provision of assistive 
                technology devices and assistive technology services;
                    ``(E) increase and promote coordination among State 
                agencies, between State and local agencies, among local 
                agencies, and between State and local agencies and 
                private entities (such as managed care providers), that 
                are involved or are eligible to be involved in carrying 
                out activities under this Act;
                    ``(F) increase the awareness and facilitate the 
                change of laws, regulations, policies, practices, 
                procedures, and organizational structures, that 
                facilitate the availability or provision of assistive 
                technology devices and assistive technology services; 
                and
                    ``(G) increase awareness and knowledge of the 
                benefits of assistive technology devices and assistive 
                technology services among targeted individuals and 
                entities and the general population; and
            ``(2) to provide States with financial assistance that 
        supports programs designed to maximize the ability of 
        individuals with disabilities and their family members, 
        guardians, advocates, and authorized representatives to obtain 
        assistive technology devices and assistive technology services.

``SEC. 3. <<NOTE: 29 USC 3002.>> DEFINITIONS.

    ``In this Act:
            ``(1) Adult service program.--The term `adult service 
        program' means a program that provides services to, or is 
        otherwise substantially involved with the major life functions 
        of, individuals with disabilities. Such term includes--

[[Page 118 STAT. 1710]]

                    ``(A) a program providing residential, supportive, 
                or employment services, or employment-related services, 
                to individuals with disabilities;
                    ``(B) a program carried out by a center for 
                independent living, such as a center described in part C 
                of title VII of the Rehabilitation Act of 1973 (29 
                U.S.C. 796f et seq.);
                    ``(C) a program carried out by an employment support 
                agency connected to adult vocational rehabilitation, 
                such as a one-stop partner, as defined in section 101 of 
                the Workforce Investment Act of 1998 (29 U.S.C. 2801); 
                and
                    ``(D) a program carried out by another organization 
                or vender licensed or registered by the designated State 
                agency, as defined in section 7 of the Rehabilitation 
                Act of 1973 (29 U.S.C. 705).
            ``(2) American indian consortium.--The term `American Indian 
        consortium' means an entity that is an American Indian 
        Consortium (as defined in section 102 of Developmental 
        Disabilities Assistance and Bill of Rights Act of 2000 (42 
        U.S.C. 15002)), and that is established to provide protection 
        and advocacy services for purposes of receiving funding under 
        subtitle C of title I of such Act (42 U.S.C. 15041 et seq.).
            ``(3) Assistive technology.--The term `assistive technology' 
        means technology designed to be utilized in an assistive 
        technology device or assistive technology service.
            ``(4) Assistive technology device.--The term `assistive 
        technology device' means any item, piece of equipment, or 
        product system, whether acquired commercially, modified, or 
        customized, that is used to increase, maintain, or improve 
        functional capabilities of individuals with disabilities.
            ``(5) Assistive technology service.--The term `assistive 
        technology service' means any service that directly assists an 
        individual with a disability in the selection, acquisition, or 
        use of an assistive technology device. Such term includes--
                    ``(A) the evaluation of the assistive technology 
                needs of an individual with a disability, including a 
                functional evaluation of the impact of the provision of 
                appropriate assistive technology and appropriate 
                services to the individual in the customary environment 
                of the individual;
                    ``(B) a service consisting of purchasing, leasing, 
                or otherwise providing for the acquisition of assistive 
                technology devices by individuals with disabilities;
                    ``(C) a service consisting of selecting, designing, 
                fitting, customizing, adapting, applying, maintaining, 
                repairing, replacing, or donating assistive technology 
                devices;
                    ``(D) coordination and use of necessary therapies, 
                interventions, or services with assistive technology 
                devices, such as therapies, interventions, or services 
                associated with education and rehabilitation plans and 
                programs;
                    ``(E) training or technical assistance for an 
                individual with a disability or, where appropriate, the 
                family members, guardians, advocates, or authorized 
                representatives of such an individual;
                    ``(F) training or technical assistance for 
                professionals (including individuals providing education 
                and rehabilitation services and entities that 
                manufacture or sell assistive technology devices), 
                employers, providers of employment and training 
                services, or other individuals who provide

[[Page 118 STAT. 1711]]

                services to, employ, or are otherwise substantially 
                involved in the major life functions of individuals with 
                disabilities; and
                    ``(G) a service consisting of expanding the 
                availability of access to technology, including 
                electronic and information technology, to individuals 
                with disabilities.
            ``(6) Capacity building and advocacy activities.--The term 
        `capacity building and advocacy activities' means efforts that--
                    ``(A) result in laws, regulations, policies, 
                practices, procedures, or organizational structures that 
                promote consumer-responsive programs or entities; and
                    ``(B) facilitate and increase access to, provision 
                of, and funding for, assistive technology devices and 
                assistive technology services, in order to empower 
                individuals with disabilities to achieve greater 
                independence, productivity, and integration and 
                inclusion within the community and the workforce.
            ``(7) Comprehensive statewide program of technology-related 
        assistance.--The term `comprehensive statewide program of 
        technology-related assistance' means a consumer-responsive 
        program of technology-related assistance for individuals with 
        disabilities, implemented by a State, and equally available to 
        all individuals with disabilities residing in the State, 
        regardless of their type of disability, age, income level, or 
        location of residence in the State, or the type of assistive 
        technology device or assistive technology service required.
            ``(8) Consumer-responsive.--The term `consumer-responsive'--
                    ``(A) with regard to policies, means that the 
                policies are consistent with the principles of--
                          ``(i) respect for individual dignity, personal 
                      responsibility, self-determination, and pursuit of 
                      meaningful careers, based on informed choice, of 
                      individuals with disabilities;
                          ``(ii) respect for the privacy, rights, and 
                      equal access (including the use of accessible 
                      formats) of such individuals;
                          ``(iii) inclusion, integration, and full 
                      participation of such individuals in society;
                          ``(iv) support for the involvement in 
                      decisions of a family member, a guardian, an 
                      advocate, or an authorized representative, if an 
                      individual with a disability requests, desires, or 
                      needs such involvement; and
                          ``(v) support for individual and systems 
                      advocacy and community involvement; and
                    ``(B) with respect to an entity, program, or 
                activity, means that the entity, program, or activity--
                          ``(i) is easily accessible to, and usable by, 
                      individuals with disabilities and, when 
                      appropriate, their family members, guardians, 
                      advocates, or authorized representatives;
                          ``(ii) responds to the needs of individuals 
                      with disabilities in a timely and appropriate 
                      manner; and

[[Page 118 STAT. 1712]]

                          ``(iii) facilitates the full and meaningful 
                      participation of individuals with disabilities 
                      (including individuals from underrepresented 
                      populations and rural populations) and their 
                      family members, guardians, advocates, and 
                      authorized representatives, in--
                                    ``(I) decisions relating to the 
                                provision of assistive technology 
                                devices and assistive technology 
                                services to such individuals; and
                                    ``(II) decisions related to the 
                                maintenance, improvement, and evaluation 
                                of the comprehensive statewide program 
                                of technology-related assistance, 
                                including decisions that affect capacity 
                                building and advocacy activities.
            ``(9) Disability.--The term `disability' means a condition 
        of an individual that is considered to be a disability or 
        handicap for the purposes of any Federal law other than this Act 
        or for the purposes of the law of the State in which the 
        individual resides.
            ``(10) Individual with a disability; individuals with 
        disabilities.--
                    ``(A) Individual with a disability.--The term 
                `individual with a disability' means any individual of 
                any age, race, or ethnicity--
                          ``(i) who has a disability; and
                          ``(ii) who is or would be enabled by an 
                      assistive technology device or an assistive 
                      technology service to minimize deterioration in 
                      functioning, to maintain a level of functioning, 
                      or to achieve a greater level of functioning in 
                      any major life activity.
                    ``(B) Individuals with disabilities.--The term 
                `individuals with disabilities' means more than 1 
                individual with a disability.
            ``(11) Institution of higher education.--The term 
        `institution of higher education' has the meaning given such 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)), and includes a community college receiving 
        funding under the Tribally Controlled College or University 
        Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
            ``(12) Protection and advocacy services.--The term 
        `protection and advocacy services' means services that--
                    ``(A) are described in subtitle C of title I of the 
                Developmental Disabilities Assistance and Bill of Rights 
                Act of 2000 (42 U.S.C. 15041 et seq.), the Protection 
                and Advocacy for Individuals with Mental Illness Act (42 
                U.S.C. 10801 et seq.), or section 509 of the 
                Rehabilitation Act of 1973 (29 U.S.C. 794e); and
                    ``(B) assist individuals with disabilities with 
                respect to assistive technology devices and assistive 
                technology services.
            ``(13) Secretary.--The term `Secretary' means the Secretary 
        of Education.
            ``(14) State.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `State' means each of the 50 
                States of the United States, the District of Columbia, 
                the Commonwealth of Puerto Rico, the United States 
                Virgin Islands, Guam,

[[Page 118 STAT. 1713]]

                American Samoa, and the Commonwealth of the Northern 
                Mariana Islands.
                    ``(B) Outlying areas.--In section 4(b):
                          ``(i) Outlying area.--The term `outlying area' 
                      means the United States Virgin Islands, Guam, 
                      American Samoa, and the Commonwealth of the 
                      Northern Mariana Islands.
                          ``(ii) State.--The term `State' does not 
                      include the United States Virgin Islands, Guam, 
                      American Samoa, and the Commonwealth of the 
                      Northern Mariana Islands.
            ``(15) State assistive technology program.--The term `State 
        assistive technology program' means a program authorized under 
        section 4.
            ``(16) Targeted individuals and entities.--The term 
        `targeted individuals and entities' means--
                    ``(A) individuals with disabilities of all ages and 
                their family members, guardians, advocates, and 
                authorized representatives;
                    ``(B) underrepresented populations, including the 
                aging workforce;
                    ``(C) individuals who work for public or private 
                entities (including centers for independent living 
                described in part C of title VII of the Rehabilitation 
                Act of 1973 (29 U.S.C. 796f et seq.), insurers, or 
                managed care providers) that have contact, or provide 
                services to, with individuals with disabilities;
                    ``(D) educators at all levels (including providers 
                of early intervention services, elementary schools, 
                secondary schools, community colleges, and vocational 
                and other institutions of higher education) and related 
                services personnel;
                    ``(E) technology experts (including web designers 
                and procurement officials);
                    ``(F) health, allied health, and rehabilitation 
                professionals and hospital employees (including 
                discharge planners);
                    ``(G) employers, especially small business 
                employers, and providers of employment and training 
                services;
                    ``(H) entities that manufacture or sell assistive 
                technology devices;
                    ``(I) entities that carry out community programs 
                designed to develop essential community services in 
                rural and urban areas; and
                    ``(J) other appropriate individuals and entities, as 
                determined for a State by the State.
            ``(17) Technology-related assistance.--The term `technology-
        related assistance' means assistance provided through capacity 
        building and advocacy activities that accomplish the purposes 
        described in section 2(b).
            ``(18) Underrepresented population.--The term 
        `underrepresented population' means a population that is 
        typically underrepresented in service provision, and includes 
        populations such as persons who have low-incidence disabilities, 
        persons who are minorities, poor persons, persons with limited 
        English proficiency, older individuals, or persons from rural 
        areas.

[[Page 118 STAT. 1714]]

            ``(19) Universal design.--The term `universal design' means 
        a concept or philosophy for designing and delivering products 
        and services that are usable by people with the widest possible 
        range of functional capabilities, which include products and 
        services that are directly accessible (without requiring 
        assistive technologies) and products and services that are 
        interoperable with assistive technologies.

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

    ``(a) Grants to States.--The Secretary shall award grants under 
subsection (b) to States to maintain comprehensive statewide programs of 
technology-related assistance to support programs that are designed to 
maximize the ability of individuals with disabilities across the human 
lifespan and across the wide array of disabilities, and their family 
members, guardians, advocates, and authorized representatives, to obtain 
assistive technology, and that are designed to increase access to 
assistive technology.
    ``(b) Amount of Financial Assistance.--
            ``(1) In general.--From funds made available to carry out 
        this section, the Secretary shall award a grant to each eligible 
        State and eligible outlying area from an allotment determined in 
        accordance with paragraph (2).
            ``(2) Calculation of state grants.--
                    ``(A) Base year.--Except as provided in 
                subparagraphs (B) and (C), the Secretary shall allot to 
                each State and outlying area for a fiscal year an amount 
                that is not less than the amount the State or outlying 
                area received under the grants provided under section 
                101 of this Act (as in effect on the day before the date 
                of enactment of the Assistive Technology Act of 2004) 
                for fiscal year 2004.
                    ``(B) Ratable reduction.--
                          ``(i) In general.--If funds made available to 
                      carry out this section for any fiscal year are 
                      insufficient to make the allotments required for 
                      each State and outlying area under subparagraph 
                      (A) for such fiscal year, the Secretary shall 
                      ratably reduce the allotments for such fiscal 
                      year.
                          ``(ii) Additional funds.--If, after the 
                      Secretary makes the reductions described in clause 
                      (i), additional funds become available to carry 
                      out this section for the fiscal year, the 
                      Secretary shall ratably increase the allotments, 
                      until the Secretary has allotted the entire base 
                      year amount.
                    ``(C) Higher appropriation years.--Except as 
                provided in subparagraph (D), for a fiscal year for 
                which the amount of funds made available to carry out 
                this section is greater than the base year amount, the 
                Secretary shall--
                          ``(i) make the allotments described in 
                      subparagraph (A);
                          ``(ii) from a portion of the remainder of the 
                      funds after the Secretary makes the allotments 
                      described in clause (i), the Secretary shall--
                                    ``(I) from 50 percent of the 
                                portion, allot to each State or outlying 
                                area an equal amount; and
                                    ``(II) from 50 percent of the 
                                portion, allot to each State or outlying 
                                area an amount that bears the same 
                                relationship to such 50 percent as the

[[Page 118 STAT. 1715]]

                                population of the State or outlying area 
                                bears to the population of all States 
                                and outlying areas,
                      until each State has received an allotment of not 
                      less than $410,000 and each outlying area has 
                      received an allotment of $125,000 under clause (i) 
                      and this clause;
                          ``(iii) from the remainder of the funds after 
                      the Secretary makes the allotments described in 
                      clause (ii), the Secretary shall--
                                    ``(I) from 80 percent of the 
                                remainder allot to each State an amount 
                                that bears the same relationship to such 
                                80 percent as the population of the 
                                State bears to the population of all 
                                States; and
                                    ``(II) from 20 percent of the 
                                remainder, allot to each State an equal 
                                amount.
                    ``(D) Special rule for fiscal year 2005.--
                Notwithstanding subparagraph (C), if the amount of funds 
                made available to carry out this section for fiscal year 
                2005 is greater than the base year amount, the Secretary 
                may award grants on a competitive basis for periods of 1 
                year to States or outlying areas in accordance with the 
                requirements of title III of this Act (as in effect on 
                the day before the date of enactment of the Assistive 
                Technology Act of 2004) to develop, support, expand, or 
                administer an alternative financing program.
                    ``(E) Base year amount.--In this paragraph, the term 
                `base year amount' means the total amount received by 
                all States and outlying areas under the grants described 
                in subparagraph (A) for fiscal year 2004.

    ``(c) Lead Agency, Implementing Entity, and Advisory Council.--
            ``(1) Lead agency and implementing entity.--
                    ``(A) Lead agency.--
                          ``(i) In general.--The Governor of a State 
                      shall designate a public agency as a lead agency--
                                    ``(I) to control and administer the 
                                funds made available through the grant 
                                awarded to the State under this section; 
                                and
                                    ``(II) to submit the application 
                                described in subsection (d) on behalf of 
                                the State, to ensure conformance with 
                                Federal and State accounting 
                                requirements.
                          ``(ii) Duties.--The duties of the lead agency 
                      shall include--
                                    ``(I) preparing the application 
                                described in subsection (d) and carrying 
                                out State activities described in that 
                                application, including making 
                                programmatic and resource allocation 
                                decisions necessary to implement the 
                                comprehensive statewide program of 
                                technology-related assistance;
                                    ``(II) coordinating the activities 
                                of the comprehensive statewide program 
                                of technology-related assistance among 
                                public and private entities, including 
                                coordinating efforts related to entering 
                                into interagency agreements, and 
                                maintaining and evaluating the program; 
                                and

[[Page 118 STAT. 1716]]

                                    ``(III) coordinating efforts related 
                                to the active, timely, and meaningful 
                                participation by individuals with 
                                disabilities and their family members, 
                                guardians, advocates, or authorized 
                                representatives, and other appropriate 
                                individuals, with respect to activities 
                                carried out through the grant.
                    ``(B) Implementing entity.--The Governor may 
                designate an agency, office, or other entity to carry 
                out State activities under this section (referred to in 
                this section as the `implementing entity'), if such 
                implementing entity is different from the lead agency. 
                The implementing agency shall carry out responsibilities 
                under this Act through a subcontract or another 
                administrative agreement with the lead agency.
                    ``(C) Change in agency or entity.--
                          ``(i) In general.--On obtaining the approval 
                      of the Secretary, the Governor may redesignate the 
                      lead agency, or the implementing entity, if the 
                      Governor shows to the Secretary good cause why the 
                      entity designated as the lead agency, or the 
                      implementing entity, respectively, should not 
                      serve as that agency or entity, respectively. The 
                      Governor shall make the showing in the application 
                      described in subsection (d).
                          ``(ii) Construction.--Nothing in this 
                      paragraph shall be construed to require the 
                      Governor of a State to change the lead agency or 
                      implementing entity of the State to an agency 
                      other than the lead agency or implementing entity 
                      of such State as of the date of enactment of the 
                      Assistive Technology Act of 2004.
            `` <<NOTE: Establishment.>> (2) Advisory council.--
                    ``(A) In general.--There shall be established an 
                advisory council to provide consumer-responsive, 
                consumer-driven advice to the State for, planning of, 
                implementation of, and evaluation of the activities 
                carried out through the grant, including setting the 
                measurable goals described in subsection (d)(3).
                    ``(B) Composition and representation.--
                          ``(i) Composition.--The advisory council shall 
                      be composed of--
                                    ``(I) individuals with disabilities 
                                that use assistive technology or the 
                                family members or guardians of the 
                                individuals;
                                    ``(II) a representative of the 
                                designated State agency, as defined in 
                                section 7 of the Rehabilitation Act of 
                                1973 (29 U.S.C. 705) and the State 
                                agency for individuals who are blind 
                                (within the meaning of section 101 of 
                                that Act (29 U.S.C. 721)), if such 
                                agency is separate;
                                    ``(III) a representative of a State 
                                center for independent living described 
                                in part C of title VII of the 
                                Rehabilitation Act of 1973 (29 U.S.C. 
                                796f et seq.);
                                    ``(IV) a representative of the State 
                                workforce investment board established 
                                under section 111 of the Workforce 
                                Investment Act of 1998 (29 U.S.C. 2821);

[[Page 118 STAT. 1717]]

                                    ``(V) a representative of the State 
                                educational agency, as defined in 
                                section 9101 of the Elementary and 
                                Secondary Education Act of 1965 (20 
                                U.S.C. 7801); and
                                    ``(VI) representatives of other 
                                State agencies, public agencies, or 
                                private organizations, as determined by 
                                the State.
                          ``(ii) Majority.--
                                    ``(I) In general.--A majority, not 
                                less than 51 percent, of the members of 
                                the advisory council, shall be members 
                                appointed under clause (i)(I).
                                    ``(II) Representatives of 
                                agencies.--Members appointed under 
                                subclauses (II) through (VI) of clause 
                                (i) shall not count toward the majority 
                                membership requirement established in 
                                subclause (I).
                          ``(iii) Representation.--The advisory council 
                      shall be geographically representative of the 
                      State and reflect the diversity of the State with 
                      respect to race, ethnicity, types of disabilities 
                      across the age span, and users of types of 
                      services that an individual with a disability may 
                      receive.
                    ``(C) Expenses.--The members of the advisory council 
                shall receive no compensation for their service on the 
                advisory council, but shall be reimbursed for reasonable 
                and necessary expenses actually incurred in the 
                performance of official duties for the advisory council.
                    ``(D) Period.--The <<NOTE: Deadline.>> members of 
                the State advisory council shall be appointed not later 
                than 120 days after the date of enactment of the 
                Assistive Technology Act of 2004.
                    ``(E) Impact on existing statutes, rules, or 
                policies.--Nothing in this paragraph shall be construed 
                to affect State statutes, rules, or official policies 
                relating to advisory bodies for State assistive 
                technology programs or require changes to governing 
                bodies of incorporated agencies who carry out State 
                assistive technology programs.

    ``(d) Application.--
            ``(1) In general.--Any State that desires to receive a grant 
        under this section shall submit an application to the Secretary, 
        at such time, in such manner, and containing such information as 
        the Secretary may require.
            ``(2) Lead agency and implementing entity.--The application 
        shall contain information identifying and describing the lead 
        agency referred to in subsection (c)(1)(A). The application 
        shall contain information identifying and describing the 
        implementing entity referred to in subsection (c)(1)(B), if the 
        Governor of the State designates such an entity.
            ``(3) Measurable goals.--The application shall include--
                    ``(A) measurable goals, and a timeline for meeting 
                the goals, that the State has set for addressing the 
                assistive technology needs of individuals with 
                disabilities in the State related to--
                          ``(i) education, including goals involving the 
                      provision of assistive technology to individuals 
                      with disabilities who receive services under the 
                      Individuals with Disabilities Education Act (20 
                      U.S.C. 1400 et seq.);

[[Page 118 STAT. 1718]]

                          ``(ii) employment, including goals involving 
                      the State vocational rehabilitation program 
                      carried out under title I of the Rehabilitation 
                      Act of 1973 (29 U.S.C. 720 et seq.);
                          ``(iii) telecommunication and information 
                      technology; and
                          ``(iv) community living; and
                    ``(B) information describing how the State will 
                quantifiably measure the goals to determine whether the 
                goals have been achieved.
            ``(4) Involvement of public and private entities.--The 
        application shall describe how various public and private 
        entities were involved in the development of the application and 
        will be involved in the implementation of the activities to be 
        carried out through the grant, including--
                    ``(A) in cases determined to be appropriate by the 
                State, a description of the nature and extent of 
                resources that will be committed by public and private 
                collaborators to assist in accomplishing identified 
                goals; and
                    ``(B) a description of the mechanisms established to 
                ensure coordination of activities and collaboration 
                between the implementing entity, if any, and the State.
            ``(5) Implementation.--The application shall include a 
        description of--
                    ``(A) how the State will implement each of the 
                required activities described in subsection (e), except 
                as provided in subsection (e)(6)(A); and
                    ``(B) how the State will allocate and utilize grant 
                funds to implement the activities, including describing 
                proposed budget allocations and planned procedures for 
                tracking expenditures for activities described in 
                paragraphs (2) and (3) of subsection (e).
            ``(6) Assurances.--The application shall include assurances 
        that--
                    ``(A) the State will annually collect data related 
                to the required activities implemented by the State 
                under this section in order to prepare the progress 
                reports required under subsection (f);
                    ``(B) funds received through the grant--
                          ``(i) will be expended in accordance with this 
                      section; and
                          ``(ii) will be used to supplement, and not 
                      supplant, funds available from other sources for 
                      technology-related assistance, including the 
                      provision of assistive technology devices and 
                      assistive technology services;
                    ``(C) the lead agency will control and administer 
                the funds received through the grant;
                    ``(D) the State will adopt such fiscal control and 
                accounting procedures as may be necessary to ensure 
                proper disbursement of and accounting for the funds 
                received through the grant;
                    ``(E) the physical facility of the lead agency and 
                implementing entity, if any, meets the requirements of 
                the Americans with Disabilities Act of 1990 (42 U.S.C. 
                12101 et seq.) regarding accessibility for individuals 
                with disabilities;

[[Page 118 STAT. 1719]]

                    ``(F) a public agency or an individual with a 
                disability holds title to any property purchased with 
                funds received under the grant and administers that 
                property;
                    ``(G) activities carried out in the State that are 
                authorized under this Act, and supported by Federal 
                funds received under this Act, will comply with the 
                standards established by the Architectural and 
                Transportation Barriers Compliance Board under section 
                508 of the Rehabilitation Act of 1973 (20 U.S.C. 794d); 
                and
                    ``(H) <<NOTE: Reports. Records.>> the State will--
                          ``(i) prepare reports to the Secretary in such 
                      form and containing such information as the 
                      Secretary may require to carry out the Secretary's 
                      functions under this Act; and
                          ``(ii) keep such records and allow access to 
                      such records as the Secretary may require to 
                      ensure the correctness and verification of 
                      information provided to the Secretary under this 
                      subparagraph.
            ``(7) State support.--The application shall include a 
        description of the activities described in paragraphs (2) and 
        (3) of subsection (e) that the State will support with State 
        funds.

    ``(e) Use of Funds.--
            ``(1) In general.--
                    ``(A) Required activities.--Except as provided in 
                subparagraph (B) and paragraph (6), any State that 
                receives a grant under this section shall use a portion 
                of the funds made available through the grant to carry 
                out activities described in paragraphs (2) and (3).
                    ``(B) State or non-federal financial support.--A 
                State shall not be required to use a portion of the 
                funds made available through the grant to carry out the 
                category of activities described in subparagraph (A), 
                (B), (C), or (D) of paragraph (2) if, in that State--
                          ``(i) financial support is provided from State 
                      or other non-Federal resources or entities for 
                      that category of activities; and
                          ``(ii) the amount of the financial support is 
                      comparable to, or greater than, the amount of the 
                      portion of the funds made available through the 
                      grant that the State would have expended for that 
                      category of activities, in the absence of this 
                      subparagraph.
            ``(2) State-level activities.--
                    ``(A) State financing activities.--The State shall 
                support State financing activities to increase access 
                to, and funding for, assistive technology devices and 
                assistive technology services (which shall not include 
                direct payment for such a device or service for an 
                individual with a disability but may include support and 
                administration of a program to provide such payment), 
                including development of systems to provide and pay for 
                such devices and services, for targeted individuals and 
                entities described in section 3(16)(A), including--
                          ``(i) support for the development of systems 
                      for the purchase, lease, or other acquisition of, 
                      or payment for, assistive technology devices and 
                      assistive technology services; or

[[Page 118 STAT. 1720]]

                          ``(ii) support for the development of State-
                      financed or privately financed alternative 
                      financing systems of subsidies (which may include 
                      conducting an initial 1-year feasibility study of, 
                      improving, administering, operating, providing 
                      capital for, or collaborating with an entity with 
                      respect to, such a system) for the provision of 
                      assistive technology devices, such as--
                                    ``(I) a low-interest loan fund;
                                    ``(II) an interest buy-down program;
                                    ``(III) a revolving loan fund;
                                    ``(IV) a loan guarantee or insurance 
                                program;
                                    ``(V) a program providing for the 
                                purchase, lease, or other acquisition of 
                                assistive technology devices or 
                                assistive technology services; or
                                    ``(VI) another mechanism that is 
                                approved by the Secretary.
                    ``(B) Device reutilization programs.--The State 
                shall directly, or in collaboration with public or 
                private entities, carry out assistive technology device 
                reutilization programs that provide for the exchange, 
                repair, recycling, or other reutilization of assistive 
                technology devices, which may include redistribution 
                through device sales, loans, rentals, or donations.
                    ``(C) Device loan programs.--The State shall 
                directly, or in collaboration with public or private 
                entities, carry out device loan programs that provide 
                short-term loans of assistive technology devices to 
                individuals, employers, public agencies, or others 
                seeking to meet the needs of targeted individuals and 
                entities, including others seeking to comply with the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1400 et seq.), the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12101 et seq.), and section 504 of the 
                Rehabilitation Act of 1973 (29 U.S.C. 794).
                    ``(D) Device demonstrations.--
                          ``(i) In general.--The State shall directly, 
                      or in collaboration with public and private 
                      entities, such as one-stop partners, as defined in 
                      section 101 of the Workforce Investment Act of 
                      1998 (29 U.S.C. 2801), demonstrate a variety of 
                      assistive technology devices and assistive 
                      technology services (including assisting 
                      individuals in making informed choices regarding, 
                      and providing experiences with, the devices and 
                      services), using personnel who are familiar with 
                      such devices and services and their applications.
                          ``(ii) Comprehensive information.--The State 
                      shall directly, or through referrals, provide to 
                      individuals, to the extent practicable, 
                      comprehensive information about State and local 
                      assistive technology venders, providers, and 
                      repair services.
            ``(3) State leadership activities.--
                    ``(A) In general.--A State that receives a grant 
                under this section shall use a portion of not more than 
                40 percent of the funds made available through the grant 
                to carry out the activities described in subparagraph 
                (B). From that portion, the State shall use at least 5 
                percent of the portion for activities described in 
                subparagraph (B)(i)(III).
                    ``(B) Required activities.--

[[Page 118 STAT. 1721]]

                          ``(i) Training and technical assistance.--
                                    ``(I) In general.--The State shall 
                                directly, or provide support to public 
                                or private entities with demonstrated 
                                expertise in collaborating with public 
                                or private agencies that serve 
                                individuals with disabilities, to 
                                develop and disseminate training 
                                materials, conduct training, and provide 
                                technical assistance, for individuals 
                                from local settings statewide, including 
                                representatives of State and local 
                                educational agencies, other State and 
                                local agencies, early intervention 
                                programs, adult service programs, 
                                hospitals and other health care 
                                facilities, institutions of higher 
                                education, and businesses.
                                    ``(II) Authorized activities.--In 
                                carrying out activities under subclause 
                                (I), the State shall carry out 
                                activities that enhance the knowledge, 
                                skills, and competencies of individuals 
                                from local settings described in 
                                subclause (I), which may include--
                                            ``(aa) general awareness 
                                        training on the benefits of 
                                        assistive technology and the 
                                        Federal, State, and private 
                                        funding sources available to 
                                        assist targeted individuals and 
                                        entities in acquiring assistive 
                                        technology;
                                            ``(bb) skills-development 
                                        training in assessing the need 
                                        for assistive technology devices 
                                        and assistive technology 
                                        services;
                                            ``(cc) training to ensure 
                                        the appropriate application and 
                                        use of assistive technology 
                                        devices, assistive technology 
                                        services, and accessible 
                                        technology for e-government 
                                        functions;
                                            ``(dd) training in the 
                                        importance of multiple 
                                        approaches to assessment and 
                                        implementation necessary to meet 
                                        the individualized needs of 
                                        individuals with disabilities; 
                                        and
                                            ``(ee) technical training on 
                                        integrating assistive technology 
                                        into the development and 
                                        implementation of service plans, 
                                        including any education, health, 
                                        discharge, Olmstead, employment, 
                                        or other plan required under 
                                        Federal or State law.
                                    ``(III) Transition assistance to 
                                individuals with disabilities.--The 
                                State shall directly, or provide support 
                                to public or private entities to, 
                                develop and disseminate training 
                                materials, conduct training, facilitate 
                                access to assistive technology, and 
                                provide technical assistance, to 
                                assist--
                                            ``(aa) students with 
                                        disabilities, within the meaning 
                                        of the Individuals with 
                                        Disabilities Education Act (20 
                                        U.S.C. 1400 et seq.), that 
                                        receive transition services; and
                                            ``(bb) adults who are 
                                        individuals with disabilities 
                                        maintaining or transitioning to 
                                        community living.

[[Page 118 STAT. 1722]]

                          ``(ii) Public-awareness activities.--
                                    ``(I) In general.--The State shall 
                                conduct public-awareness activities 
                                designed to provide information to 
                                targeted individuals and entities 
                                relating to the availability, benefits, 
                                appropriateness, and costs of assistive 
                                technology devices and assistive 
                                technology services, including--
                                            ``(aa) the development of 
                                        procedures for providing direct 
                                        communication between providers 
                                        of assistive technology and 
                                        targeted individuals and 
                                        entities, which may include 
                                        partnerships with entities in 
                                        the statewide and local 
                                        workforce investment systems 
                                        established under the Workforce 
                                        Investment Act of 1998 (29 
                                        U.S.C. 2801 et seq.), State 
                                        vocational rehabilitation 
                                        centers, public and private 
                                        employers, or elementary and 
                                        secondary public schools;
                                            ``(bb) the development and 
                                        dissemination, to targeted 
                                        individuals and entities, of 
                                        information about State efforts 
                                        related to assistive technology; 
                                        and
                                            ``(cc) the distribution of 
                                        materials to appropriate public 
                                        and private agencies that 
                                        provide social, medical, 
                                        educational, employment, and 
                                        transportation services to 
                                        individuals with disabilities.
                                    ``(II) Collaboration.--The State 
                                shall collaborate with entities that 
                                receive awards under paragraphs (1) and 
                                (3) of section 6(b) to carry out public-
                                awareness activities focusing on 
                                infants, toddlers, children, transition-
                                age youth, employment-age adults, 
                                seniors, and employers.
                                    ``(III) Statewide information and 
                                referral system.--
                                            ``(aa) In general.--The 
                                        State shall directly, or in 
                                        collaboration with public or 
                                        private (such as nonprofit) 
                                        entities, provide for the 
                                        continuation and enhancement of 
                                        a statewide information and 
                                        referral system designed to meet 
                                        the needs of targeted 
                                        individuals and entities.
                                            ``(bb) Content.--The system 
                                        shall deliver information on 
                                        assistive technology devices, 
                                        assistive technology services 
                                        (with specific data regarding 
                                        provider availability within the 
                                        State), and the availability of 
                                        resources, including funding 
                                        through public and private 
                                        sources, to obtain assistive 
                                        technology devices and assistive 
                                        technology services. The system 
                                        shall also deliver information 
                                        on the benefits of assistive 
                                        technology devices and assistive 
                                        technology services with respect 
                                        to enhancing the capacity of 
                                        individuals with disabilities of 
                                        all ages to perform activities 
                                        of daily living.
                          ``(iii) Coordination and collaboration.--The 
                      State shall coordinate activities described in 
                      paragraph

[[Page 118 STAT. 1723]]

                      (2) and this paragraph, among public and private 
                      entities that are responsible for policies, 
                      procedures, or funding for the provision of 
                      assistive technology devices and assistive 
                      technology services to individuals with 
                      disabilities, service providers, and others to 
                      improve access to assistive technology devices and 
                      assistive technology services for individuals with 
                      disabilities of all ages in the State.
            ``(4) Indirect costs.--Not more than 10 percent of the funds 
        made available through a grant to a State under this section may 
        be used for indirect costs.
            ``(5) Prohibition.--Funds made available through a grant to 
        a State under this section shall not be used for direct payment 
        for an assistive technology device for an individual with a 
        disability.
            ``(6) State flexibility.--
                    ``(A) In general.--Notwithstanding paragraph (1)(A) 
                and subject to subparagraph (B), a State may use funds 
                that the State receives under a grant awarded under this 
                section to carry out any 2 or more of the activities 
                described in paragraph (2).
                    ``(B) Special rule.--Notwithstanding paragraph 
                (3)(A), any State that exercises its authority under 
                subparagraph (A)--
                          ``(i) shall carry out each of the required 
                      activities described in paragraph (3)(B); and
                          ``(ii) shall use not more than 30 percent of 
                      the funds made available through the grant to 
                      carry out the activities described in paragraph 
                      (3)(B).

    ``(f) Annual Progress Reports.--
            ``(1) Data collection.--States shall participate in data 
        collection as required by law, including data collection 
        required for preparation of the reports described in paragraph 
        (2).
            ``(2) Reports.--
                    ``(A) In general.--Each State shall prepare and 
                submit to the Secretary an annual progress report on the 
                activities funded under this Act, at such time, and in 
                such manner, as the Secretary may require.
                    ``(B) Contents.--The report shall include data 
                collected pursuant to this section. The report shall 
                document, with respect to activities carried out under 
                this section in the State--
                          ``(i) the type of State financing activities 
                      described in subsection (e)(2)(A) used by the 
                      State;
                          ``(ii) the amount and type of assistance given 
                      to consumers of the State financing activities 
                      described in subsection (e)(2)(A) (who shall be 
                      classified by type of assistive technology device 
                      or assistive technology service financed through 
                      the State financing activities, and geographic 
                      distribution within the State), including--
                                    ``(I) the number of applications for 
                                assistance received;
                                    ``(II) the number of applications 
                                approved and rejected;
                                    ``(III) the default rate for the 
                                financing activities;

[[Page 118 STAT. 1724]]

                                    ``(IV) the range and average 
                                interest rate for the financing 
                                activities;
                                    ``(V) the range and average income 
                                of approved applicants for the financing 
                                activities; and
                                    ``(VI) the types and dollar amounts 
                                of assistive technology financed;
                          ``(iii) the number, type, and length of time 
                      of loans of assistive technology devices provided 
                      to individuals with disabilities, employers, 
                      public agencies, or public accommodations through 
                      the device loan program described in subsection 
                      (e)(2)(C), and an analysis of the individuals with 
                      disabilities who have benefited from the device 
                      loan program;
                          ``(iv) the number, type, estimated value, and 
                      scope of assistive technology devices exchanged, 
                      repaired, recycled, or reutilized (including 
                      redistributed through device sales, loans, 
                      rentals, or donations) through the device 
                      reutilization program described in subsection 
                      (e)(2)(B), and an analysis of the individuals with 
                      disabilities that have benefited from the device 
                      reutilization program;
                          ``(v) the number and type of device 
                      demonstrations and referrals provided under 
                      subsection (e)(2)(D), and an analysis of 
                      individuals with disabilities who have benefited 
                      from the demonstrations and referrals;
                          ``(vi)(I) the number and general 
                      characteristics of individuals who participated in 
                      training under subsection (e)(3)(B)(i) (such as 
                      individuals with disabilities, parents, educators, 
                      employers, providers of employment services, 
                      health care workers, counselors, other service 
                      providers, or vendors) and the topics of such 
                      training; and
                          ``(II) to the extent practicable, the 
                      geographic distribution of individuals who 
                      participated in the training;
                          ``(vii) the frequency of provision and nature 
                      of technical assistance provided to State and 
                      local agencies and other entities;
                          ``(viii) the number of individuals assisted 
                      through the public-awareness activities and 
                      statewide information and referral system 
                      described in subsection (e)(3)(B)(ii);
                          ``(ix) the outcomes of any improvement 
                      initiatives carried out by the State as a result 
                      of activities funded under this section, including 
                      a description of any written policies, practices, 
                      and procedures that the State has developed and 
                      implemented regarding access to, provision of, and 
                      funding for, assistive technology devices, and 
                      assistive technology services, in the contexts of 
                      education, health care, employment, community 
                      living, and information technology and 
                      telecommunications, including e-government;
                          ``(x) the source of leveraged funding or other 
                      contributed resources, including resources 
                      provided through subcontracts or other 
                      collaborative resource-sharing agreements, from 
                      and with public and private

[[Page 118 STAT. 1725]]

                      entities to carry out State activities described 
                      in subsection (e)(3)(B)(iii), the number of 
                      individuals served with the contributed resources 
                      for which information is not reported under 
                      clauses (i) through (ix) or clause (xi) or (xii), 
                      and other outcomes accomplished as a result of 
                      such activities carried out with the contributed 
                      resources; and
                          ``(xi) the level of customer satisfaction with 
                      the services provided.

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

    ``(a) Grants.--
            ``(1) In general.--The Secretary shall make grants under 
        subsection (b) to protection and advocacy systems in each State 
        for the purpose of enabling such systems to assist in the 
        acquisition, utilization, or maintenance of assistive technology 
        devices or assistive technology services for individuals with 
        disabilities.
            ``(2) General authorities.--In providing such assistance, 
        protection and advocacy systems shall have the same general 
        authorities as the systems are afforded under subtitle C of 
        title I of the Developmental Disabilities Assistance and Bill of 
        Rights Act of 2000 (42 U.S.C. 15041 et seq.), as determined by 
        the Secretary.

    ``(b) Grants.--
            ``(1) Reservation.--For each fiscal year, the Secretary 
        shall reserve such sums as may be necessary to carry out 
        paragraph (4).
            ``(2) Population basis.--From the funds appropriated under 
        section 8(b) for a fiscal year and remaining after the 
        reservation required by paragraph (1) has been made, the 
        Secretary shall make a grant to a protection and advocacy system 
        within each State in an amount bearing the same ratio to the 
        remaining funds as the population of the State bears to the 
        population of all States.
            ``(3) Minimums.--Subject to the availability of 
        appropriations, the amount of a grant to a protection and 
        advocacy system under paragraph (2) for a fiscal year shall--
                    ``(A) in the case of a protection and advocacy 
                system located in American Samoa, Guam, the United 
                States Virgin Islands, or the Commonwealth of the 
                Northern Mariana Islands, not be less than $30,000; and
                    ``(B) in the case of a protection and advocacy 
                system located in a State not described in subparagraph 
                (A), not be less than $50,000.
            ``(4) Payment to the system serving the american indian 
        consortium.--
                    ``(A) In general.--The Secretary shall make grants 
                to the protection and advocacy system serving the 
                American Indian Consortium to provide services in 
                accordance with this section.
                    ``(B) Amount of grants.--The amount of such grants 
                shall be the same as the amount provided under paragraph 
                (3)(A).

    ``(c) Direct Payment.--Notwithstanding any other provision of law, 
the Secretary shall pay directly to any protection and advocacy system 
that complies with this section, the total amount

[[Page 118 STAT. 1726]]

of the grant made for such system under this section, unless the system 
provides otherwise for payment of the grant amount.
    ``(d) Certain States.--
            ``(1) Grant to lead agency.--Notwithstanding any other 
        provision of this section, with respect to a State that, on 
        November 12, 1998, was described in section 102(f)(1) of the 
        Technology-Related Assistance for Individuals With Disabilities 
        Act of 1988, the Secretary shall pay the amount of the grant 
        described in subsection (a), and made under subsection (b), to 
        the lead agency designated under section 4(c)(1) for the State.
            ``(2) Distribution of funds.--A lead agency to which a grant 
        amount is paid under paragraph (1) shall determine the manner in 
        which funds made available through the grant will be allocated 
        among the entities that were providing protection and advocacy 
        services in that State on the date described in such paragraph, 
        and shall distribute funds to such entities. In distributing 
        such funds, the lead agency shall not establish any additional 
        eligibility or procedural requirements for an entity in the 
        State that supports protection and advocacy services through a 
        protection and advocacy system. Such an entity shall comply with 
        the same requirements (including reporting and enforcement 
        requirements) as any other entity that receives funding under 
        this section.
            ``(3) Application of provisions.--Except as provided in this 
        subsection, the provisions of this section shall apply to the 
        grant in the same manner, and to the same extent, as the 
        provisions apply to a grant to a system.

    ``(e) Carryover.--Any amount paid to an eligible system for a fiscal 
year under this section that remains unobligated at the end of such 
fiscal year shall remain available to such system for obligation during 
the subsequent fiscal year. Program income generated from such amount 
shall remain available for 2 additional fiscal years after the year in 
which such amount was paid to an eligible system and may only be used to 
improve the awareness of individuals with disabilities about the 
accessibility of assistive technology and assist such individuals in the 
acquisition, utilization, or maintenance of assistive technology devices 
or assistive technology services.
    ``(f) Report to Secretary.--An entity that receives a grant under 
this section shall annually prepare and submit to the Secretary a report 
that contains such information as the Secretary may require, including 
documentation of the progress of the entity in--
            ``(1) conducting consumer-responsive activities, including 
        activities that will lead to increased access, for individuals 
        with disabilities, to funding for assistive technology devices 
        and assistive technology services;
            ``(2) engaging in informal advocacy to assist in securing 
        assistive technology devices and assistive technology services 
        for individuals with disabilities;
            ``(3) engaging in formal representation for individuals with 
        disabilities to secure systems change, and in advocacy 
        activities to secure assistive technology devices and assistive 
        technology services for individuals with disabilities;
            ``(4) developing and implementing strategies to enhance the 
        long-term abilities of individuals with disabilities and their

[[Page 118 STAT. 1727]]

        family members, guardians, advocates, and authorized 
        representatives to advocate the provision of assistive 
        technology devices and assistive technology services to which 
        the individuals with disabilities are entitled under law other 
        than this Act;
            ``(5) coordinating activities with protection and advocacy 
        services funded through sources other than this Act, and 
        coordinating activities with the capacity building and advocacy 
        activities carried out by the lead agency; and
            ``(6) effectively allocating funds made available under this 
        section to improve the awareness of individuals with 
        disabilities about the accessibility of assistive technology and 
        assist such individuals in the acquisition, utilization, or 
        maintenance of assistive technology devices or assistive 
        technology services.

    ``(g) Reports and Updates to State Agencies.--An entity that 
receives a grant under this section shall prepare and submit to the lead 
agency of the State designated under section 4(c)(1) the report 
described in subsection (f) and quarterly updates concerning the 
activities described in subsection (f).
    ``(h) Coordination.--On making a grant under this section to an 
entity in a State, the Secretary shall solicit and consider the opinions 
of the lead agency of the State with respect to efforts at coordination 
of activities, collaboration, and promoting outcomes between the lead 
agency and the entity that receives the grant under this section.

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

    ``(a) In General.--In order to support activities designed to 
improve the administration of this Act, the Secretary, under subsection 
(b)--
            ``(1) may award, on a competitive basis, grants, contracts, 
        and cooperative agreements to entities to support activities 
        described in paragraphs (1) and (2) of subsection (b); and
            ``(2) shall award, on a competitive basis, grants, 
        contracts, and cooperative agreements to entities to support 
        activities described in paragraphs (3), (4), and (5) of 
        subsection (b).

    ``(b) Authorized Activities.--
            ``(1) National public-awareness toolkit.--
                    ``(A) National public-awareness toolkit.--The 
                Secretary may award a 1-time grant, contract, or 
                cooperative agreement to an eligible entity to support a 
                training and technical assistance program that--
                          ``(i) expands public-awareness efforts to 
                      reach targeted individuals and entities;
                          ``(ii) contains appropriate accessible 
                      multimedia materials to reach targeted individuals 
                      and entities, for dissemination to State assistive 
                      technology programs; and
                          ``(iii) in coordination with State assistive 
                      technology programs, provides meaningful and up-
                      to-date information to targeted individuals and 
                      entities about the availability of assistive 
                      technology devices and assistive technology 
                      services.
                    ``(B) Eligible entity.--To be eligible to receive 
                the grant, contract, or cooperative agreement, an entity 
                shall develop a partnership that--
                          ``(i) shall consist of--

[[Page 118 STAT. 1728]]

                                    ``(I) a lead agency or implementing 
                                entity for a State assistive technology 
                                program or an organization or 
                                association that represents implementing 
                                entities for State assistive technology 
                                programs;
                                    ``(II) a private or public entity 
                                from the media industry;
                                    ``(III) a private entity from the 
                                assistive technology industry; and
                                    ``(IV) a private employer or an 
                                organization or association that 
                                represents private employers;
                          ``(ii) may include other entities determined 
                      by the Secretary to be necessary; and
                          ``(iii) may include other entities determined 
                      by the applicant to be appropriate.
            ``(2) Research and development.--
                    ``(A) In general.--The Secretary may award grants, 
                contracts, or cooperative agreements to eligible 
                entities to carry out research and development of 
                assistive technology that consists of--
                          ``(i) developing standards for reliability and 
                      accessibility of assistive technology, and 
                      standards for interoperability (including open 
                      standards) of assistive technology with 
                      information technology, telecommunications 
                      products, and other assistive technology; or
                          ``(ii) developing assistive technology that 
                      benefits individuals with disabilities or 
                      developing technologies or practices that result 
                      in the adaptation, maintenance, servicing, or 
                      improvement of assistive technology devices.
                    ``(B) Eligible entities.--Entities eligible to 
                receive a grant, contract, or cooperative agreement 
                under this paragraph shall include--
                          ``(i) providers of assistive technology 
                      services and assistive technology devices;
                          ``(ii) institutions of higher education, 
                      including University Centers for Excellence in 
                      Developmental Disabilities Education, Research, 
                      and Service authorized under subtitle D of title I 
                      of the Developmental Disabilities Assistance and 
                      Bill of Rights Act of 2000 (42 U.S.C. 15061 et 
                      seq.), or such institutions offering 
                      rehabilitation engineering programs, computer 
                      science programs, or information technology 
                      programs;
                          ``(iii) manufacturers of assistive technology 
                      devices; and
                          ``(iv) professionals, individuals, 
                      organizations, and agencies providing services or 
                      employment to individuals with disabilities.
                    ``(C) Collaboration.--An entity that receives a 
                grant, contract, or cooperative agreement under this 
                paragraph shall, in developing and implementing the 
                project carried out through the grant, contract, or 
                cooperative agreement coordinate activities with the 
                lead agency for the State assistive technology program 
                (or a national organization that represents such 
                programs) and the State advisory council described in 
                section 4(c)(2) (or a national organization that 
                represents such councils).

[[Page 118 STAT. 1729]]

            ``(3) State training and technical assistance.--
                    `` <<NOTE: Grant. Contract.>> (A) Training and 
                technical assistance efforts.--The Secretary shall award 
                a grant, contract, or cooperative agreement to an entity 
                to support a training and technical assistance program 
                that--
                          ``(i) addresses State-specific information 
                      requests concerning assistive technology from 
                      entities funded under this Act and public entities 
                      not funded under this Act, including--
                                    ``(I) requests for information on 
                                effective approaches to Federal-State 
                                coordination of programs for individuals 
                                with disabilities, related to improving 
                                funding for or access to assistive 
                                technology devices and assistive 
                                technology services for individuals with 
                                disabilities of all ages;
                                    ``(II) requests for state-of-the-
                                art, or model, Federal, State, and local 
                                laws, regulations, policies, practices, 
                                procedures, and organizational 
                                structures, that facilitate, and 
                                overcome barriers to, funding for, and 
                                access to, assistive technology devices 
                                and assistive technology services;
                                    ``(III) requests for information on 
                                effective approaches to developing, 
                                implementing, evaluating, and sustaining 
                                activities described in sections 4 and 5 
                                and related to improving funding for or 
                                access to assistive technology devices 
                                and assistive technology services for 
                                individuals with disabilities of all 
                                ages, and requests for assistance in 
                                developing corrective action plans;
                                    ``(IV) requests for examples of 
                                policies, practices, procedures, 
                                regulations, or judicial decisions that 
                                have enhanced or may enhance access to 
                                funding for assistive technology devices 
                                and assistive technology services for 
                                individuals with disabilities;
                                    ``(V) requests for information on 
                                effective approaches to the development 
                                of consumer-controlled systems that 
                                increase access to, funding for, and 
                                awareness of, assistive technology 
                                devices and assistive technology 
                                services; and
                                    ``(VI) other requests for training 
                                and technical assistance from entities 
                                funded under this Act and public and 
                                private entities not funded under this 
                                Act;
                          ``(ii) assists targeted individuals and 
                      entities by disseminating information about--
                                    ``(I) Federal, State, and local 
                                laws, regulations, policies, practices, 
                                procedures, and organizational 
                                structures, that facilitate, and 
                                overcome barriers to, funding for, and 
                                access to, assistive technology devices 
                                and assistive technology services, to 
                                promote fuller independence, 
                                productivity, and inclusion in society 
                                for individuals with disabilities of all 
                                ages; and
                                    ``(II) technical assistance 
                                activities undertaken under clause (i);

[[Page 118 STAT. 1730]]

                          ``(iii) provides State-specific, regional, and 
                      national training and technical assistance 
                      concerning assistive technology to entities funded 
                      under this Act, other entities funded under this 
                      Act, and public and private entities not funded 
                      under this Act, including--
                                    ``(I) annually providing a forum for 
                                exchanging information concerning, and 
                                promoting program and policy 
                                improvements in, required activities of 
                                the State assistive technology programs;
                                    ``(II) facilitating onsite and 
                                electronic information sharing using 
                                state-of-the-art Internet technologies 
                                such as real-time online discussions, 
                                multipoint video conferencing, and web-
                                based audio/video broadcasts, on 
                                emerging topics that affect State 
                                assistive technology programs;
                                    ``(III) convening experts from State 
                                assistive technology programs to discuss 
                                and make recommendations with regard to 
                                national emerging issues of importance 
                                to individuals with assistive technology 
                                needs;
                                    ``(IV) sharing best practice and 
                                evidence-based practices among State 
                                assistive technology programs;
                                    ``(V) maintaining an accessible 
                                website that includes a link to State 
                                assistive technology programs, 
                                appropriate Federal departments and 
                                agencies, and private associations and 
                                developing a national toll-free number 
                                that links callers from a State with the 
                                State assistive technology program in 
                                their State;
                                    ``(VI) developing or utilizing 
                                existing (as of the date of the award 
                                involved) model cooperative volume-
                                purchasing mechanisms designed to reduce 
                                the financial costs of purchasing 
                                assistive technology for required and 
                                discretionary activities identified in 
                                section 4, and reducing duplication of 
                                activities among State assistive 
                                technology programs; and
                                    ``(VII) providing access to experts 
                                in the areas of banking, microlending, 
                                and finance, for entities funded under 
                                this Act, through site visits, 
                                teleconferences, and other means, to 
                                ensure access to information for 
                                entities that are carrying out new 
                                programs or programs that are not making 
                                progress in achieving the objectives of 
                                the programs; and
                          ``(iv) includes such other activities as the 
                      Secretary may require.
                    ``(B) Eligible entities.--To be eligible to receive 
                a grant, contract, or cooperative agreement under this 
                paragraph, an entity shall have (directly or through 
                grant or contract)--
                          ``(i) experience and expertise in 
                      administering programs, including developing, 
                      implementing, and administering the required and 
                      discretionary activities described in sections 4 
                      and 5, and providing technical assistance; and

[[Page 118 STAT. 1731]]

                          ``(ii) documented experience in and knowledge 
                      about banking, finance, and microlending.
                    ``(C) Collaboration.--In developing and providing 
                training and technical assistance under this paragraph, 
                including activities identified as priorities, a 
                recipient of a grant, contract, or cooperative agreement 
                under this paragraph shall collaborate with other 
                organizations, in particular--
                          ``(i) organizations representing individuals 
                      with disabilities;
                          ``(ii) national organizations representing 
                      State assistive technology programs;
                          ``(iii) organizations representing State 
                      officials and agencies engaged in the delivery of 
                      assistive technology;
                          ``(iv) the data-collection and reporting 
                      providers described in paragraph (5); and
                          ``(v) other providers of national programs or 
                      programs of national significance funded under 
                      this Act.
            ``(4) National information internet system.--
                    ``(A) In general.--
                The <<NOTE: Grant. Contract.>> Secretary shall award a 
                grant, contract, or cooperative agreement to an entity 
                to renovate, update, and maintain the National Public 
                Internet Site established under this Act (as in effect 
                on the day before the date of enactment of the Assistive 
                Technology Act of 2004).
                    ``(B) Features of internet site.--The National 
                Public Internet Site shall contain the following 
                features:
                          ``(i) Availability of information at any 
                      time.--The site shall be designed so that any 
                      member of the public may obtain information posted 
                      on the site at any time.
                          ``(ii) Innovative automated intelligent 
                      agent.--The site shall be constructed with an 
                      innovative automated intelligent agent that is a 
                      diagnostic tool for assisting users in problem 
                      definition and the selection of appropriate 
                      assistive technology devices and assistive 
                      technology services resources.
                          ``(iii) Resources.--
                                    ``(I) Library on assistive 
                                technology.--The site shall include 
                                access to a comprehensive working 
                                library on assistive technology for all 
                                environments, including home, workplace, 
                                transportation, and other environments.
                                    ``(II) Information on accommodating 
                                individuals with disabilities.--The site 
                                shall include access to evidence-based 
                                research and best practices concerning 
                                how assistive technology can be used to 
                                accommodate individuals with 
                                disabilities in the areas of education, 
                                employment, health care, community 
                                living, and telecommunications and 
                                information technology.
                                    ``(III) Resources for a number of 
                                disabilities.--The site shall include 
                                resources relating to the largest 
                                possible number of disabilities, 
                                including resources relating to low-
                                level reading skills.

[[Page 118 STAT. 1732]]

                          ``(iv) Links to private-sector resources and 
                      information.--To the extent feasible, the site 
                      shall be linked to relevant private-sector 
                      resources and information, under agreements 
                      developed between the recipient of the grant, 
                      contract, or cooperative agreement and cooperating 
                      private-sector entities.
                          ``(v) Links to public-sector resources and 
                      information.--To the extent feasible, the site 
                      shall be linked to relevant public-sector 
                      resources and information, such as the Internet 
                      sites of the Office of Special Education and 
                      Rehabilitation Services of the Department of 
                      Education, the Office of Disability Employment 
                      Policy of the Department of Labor, the Small 
                      Business Administration, the Architectural and 
                      Transportation Barriers Compliance Board, the 
                      Technology Administration of the Department of 
                      Commerce, the Jobs Accommodation Network funded by 
                      the Office of Disability Employment Policy of the 
                      Department of Labor, and other relevant sites.
                          ``(vi) Minimum library components.--At a 
                      minimum, the site shall maintain updated 
                      information on--
                                    ``(I) State assistive technology 
                                program demonstration sites where 
                                individuals may try out assistive 
                                technology devices;
                                    ``(II) State assistive technology 
                                program device loan program sites where 
                                individuals may borrow assistive 
                                technology devices;
                                    ``(III) State assistive technology 
                                program device reutilization program 
                                sites;
                                    ``(IV) alternative financing 
                                programs or State financing systems 
                                operated through, or independently of, 
                                State assistive technology programs, and 
                                other sources of funding for assistive 
                                technology devices; and
                                    ``(V) various programs, including 
                                programs with tax credits, available to 
                                employers for hiring or accommodating 
                                employees who are individuals with 
                                disabilities.
                    ``(C) Eligible entity.--To be eligible to receive a 
                grant, contract, or cooperative agreement under this 
                paragraph, an entity shall be a nonprofit organization, 
                for-profit organization, or institution of higher 
                education, that--
                          ``(i) emphasizes research and engineering;
                          ``(ii) has a multidisciplinary research 
                      center; and
                          ``(iii) has demonstrated expertise in--
                                    ``(I) working with assistive 
                                technology and intelligent agent 
                                interactive information dissemination 
                                systems;
                                    ``(II) managing libraries of 
                                assistive technology and disability-
                                related resources;
                                    ``(III) delivering to individuals 
                                with disabilities education, 
                                information, and referral services, 
                                including technology-based curriculum-
                                development services for adults with 
                                low-level reading skills;

[[Page 118 STAT. 1733]]

                                    ``(IV) developing cooperative 
                                partnerships with the private sector, 
                                particularly with private-sector 
                                computer software, hardware, and 
                                Internet services entities; and
                                    ``(V) developing and designing 
                                advanced Internet sites.
            ``(5) Data-collection and reporting assistance.--
                    ``(A) In general.--
                The <<NOTE: Grants. Contracts.>> Secretary shall award 
                grants, contracts, and cooperative agreements to 
                entities to assist the entities in carrying out State 
                assistive technology programs in developing and 
                implementing effective data-collection and reporting 
                systems that--
                          ``(i) focus on quantitative and qualitative 
                      data elements;
                          ``(ii) measure the outcomes of the required 
                      activities described in section 4 that are 
                      implemented by the States and the progress of the 
                      States toward achieving the measurable goals 
                      described in section 4(d)(3);
                          ``(iii) provide States with the necessary 
                      information required under this Act or by the 
                      Secretary for reports described in section 
                      4(f)(2); and
                          ``(iv) help measure the accrued benefits of 
                      the activities to individuals who need assistive 
                      technology.
                    ``(B) Eligible entities.--To be eligible to receive 
                a grant, contract, or cooperative agreement under this 
                paragraph, an entity shall have personnel with--
                          ``(i) documented experience and expertise in 
                      administering State assistive technology programs;
                          ``(ii) experience in collecting and analyzing 
                      data associated with implementing required and 
                      discretionary activities;
                          ``(iii) expertise necessary to identify 
                      additional data elements needed to provide 
                      comprehensive reporting of State activities and 
                      outcomes; and
                          ``(iv) experience in utilizing data to provide 
                      annual reports to State policymakers.

    ``(c) Application.--To be eligible to receive a grant, contract, or 
cooperative agreement under this section, an entity shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require.
    ``(d) Input.--With respect to the activities described in subsection 
(b) to be funded under this section, including the national and 
regionally based training and technical assistance efforts carried out 
through the activities, in designing the activities the Secretary shall 
consider, and in providing the activities providers shall include, input 
of the directors of comprehensive statewide programs of technology-
related assistance, directors of alternative financing programs, and 
other individuals the Secretary determines to be appropriate, 
especially--
            ``(1) individuals with disabilities who use assistive 
        technology and understand the barriers to the acquisition of 
        such technology and assistive technology services;
            ``(2) family members, guardians, advocates, and authorized 
        representatives of such individuals;
            ``(3) individuals employed by protection and advocacy 
        systems funded under section 5;

[[Page 118 STAT. 1734]]

            ``(4) relevant employees from Federal departments and 
        agencies, other than the Department of Education;
            ``(5) representatives of businesses; and
            ``(6) venders and public and private researchers and 
        developers.

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

    ``(a) General Administration.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Assistant Secretary for Special Education and 
        Rehabilitative Services of the Department of Education, acting 
        through the Rehabilitation Services Administration, shall be 
        responsible for the administration of this Act.
            ``(2) Collaboration.--The Assistant Secretary for Special 
        Education and Rehabilitative Services shall consult with the 
        Office of Special Education Programs, the Rehabilitation 
        Services Administration, and the National Institute on 
        Disability and Rehabilitation Research in the Office of Special 
        Education and Rehabilitative Services, and appropriate Federal 
        entities in the administration of this Act.
            ``(3) Administration.--In administering this Act, the 
        Rehabilitation Services Administration shall ensure that 
        programs funded under this Act will address the needs of 
        individuals with disabilities of all ages, whether the 
        individuals will use the assistive technology to obtain or 
        maintain employment, to obtain education, or for other reasons.
            ``(4) Orderly transition.--
                    ``(A) In general.--The Secretary shall take such 
                steps as the Secretary determines to be appropriate to 
                provide for the orderly transition to, and 
                implementation of, programs authorized by this Act, from 
                programs authorized by the Assistive Technology Act of 
                1998, as in effect on the day before the date of 
                enactment of the Assistive Technology Act of 2004.
                    `` <<NOTE: Termination date.>> (B) Cessation of 
                effectiveness.--Subparagraph (A) ceases to be effective 
                on the date that is 6 months after the date of enactment 
                of the Assistive Technology Act of 2004.

    ``(b) Review of Participating Entities.--
            ``(1) In general.--The Secretary shall assess the extent to 
        which entities that receive grants under this Act are complying 
        with the applicable requirements of this Act and achieving 
        measurable goals that are consistent with the requirements of 
        the grant programs under which the entities received the grants.
            ``(2) Provision of information.--To assist the Secretary in 
        carrying out the responsibilities of the Secretary under this 
        section, the Secretary may require States to provide relevant 
        information, including the information required under subsection 
        (d).

    ``(c) Corrective Action and Sanctions.--
            ``(1) Corrective action.--If the Secretary determines that 
        an entity that receives a grant under this Act fails to 
        substantially comply with the applicable requirements of this 
        Act, or to make substantial progress toward achieving the 
        measurable goals described in subsection (b)(1) with respect to 
        the grant program, the Secretary shall assist the entity, 
        through

[[Page 118 STAT. 1735]]

        technical assistance funded under section 6 or other means, 
        within 90 days after such determination, to develop a corrective 
        action plan.
            ``(2) Sanctions.--If the entity fails to develop and comply 
        with a corrective action plan described in paragraph (1) during 
        a fiscal year, the entity shall be subject to 1 of the following 
        corrective actions selected by the Secretary:
                    ``(A) Partial or complete termination of funding 
                under the grant program, until the entity develops and 
                complies with such a plan.
                    ``(B) Ineligibility to participate in the grant 
                program in the following year.
                    ``(C) Reduction in the amount of funding that may be 
                used for indirect costs under section 4 for the 
                following year.
                    ``(D) Required redesignation of the lead agency 
                designated under section 4(c)(1) or an entity 
                responsible for administering the grant program.
            ``(3) Appeals procedures.--The Secretary shall establish 
        appeals procedures for entities that are determined to be in 
        noncompliance with the applicable requirements of this Act, or 
        have not made substantial progress toward achieving the 
        measurable goals described in subsection (b)(1).
            ``(4) Secretarial action.--As part of the annual report 
        required under subsection (d), the Secretary shall describe each 
        such action taken under paragraph (1) or (2) and the outcomes of 
        each such action.
            ``(5) Public notification.--The Secretary shall notify the 
        public, by posting on the Internet website of the Department of 
        Education, of each action taken by the Secretary under paragraph 
        (1) or (2). As a part of such notification, the Secretary shall 
        describe each such action taken under paragraph (1) or (2) and 
        the outcomes of each such action.

    ``(d) Annual Report to Congress.--
            ``(1) In general.--Not later than December 31 of each year, 
        the Secretary shall prepare, and submit to the President and to 
        the Committee on Education and the Workforce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate, a report on the activities funded 
        under this Act to improve the access of individuals with 
        disabilities to assistive technology devices and assistive 
        technology services.
            ``(2) Contents.--Such report shall include--
                    ``(A) a compilation and summary of the information 
                provided by the States in annual progress reports 
                submitted under section 4(f); and
                    ``(B) a summary of the State applications described 
                in section 4(d) and an analysis of the progress of the 
                States in meeting the measurable goals established in 
                State applications under section 4(d)(3).

    ``(e) Construction.--Nothing in this section shall be construed to 
affect the enforcement authority of the Secretary, another Federal 
officer, or a court under part D of the General Education Provisions Act 
(20 U.S.C. 1234 et seq.) or other applicable law.
    ``(f) Effect on Other Assistance.--This Act may not be construed as 
authorizing a Federal or State agency to reduce medical

[[Page 118 STAT. 1736]]

or other assistance available, or to alter eligibility for a benefit or 
service, under any other Federal law.
    ``(g) Rule.--The <<NOTE: Applicability.>> Assistive Technology Act 
of 1998 (as in effect on the day before the date of enactment of the 
Assistive Technology Act of 2004) shall apply to funds appropriated 
under the Assistive Technology Act of 1998 for fiscal year 2004.

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

    ``(a) State Grants for Assistive Technology and National 
Activities.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out sections 4 and 6 such sums as may be necessary for 
        each of fiscal years 2005 through 2010.
            ``(2) Reservation.--
                    ``(A) Definition.--In this paragraph, the term 
                `higher appropriation year' means a fiscal year for 
                which the amount appropriated under paragraph (1) and 
                made available to carry out section 4 is at least 
                $665,000 greater than the amount that--
                          ``(i) was appropriated under section 105 of 
                      this Act (as in effect on October 1, 2003) for 
                      fiscal year 2004; and
                          ``(ii) was not reserved for grants under 
                      section 102 or 104 of this Act (as in effect on 
                      such date) for fiscal year 2004.
                    ``(B) Amount reserved for national activities.--Of 
                the amount appropriated under paragraph (1) for a fiscal 
                year--
                          ``(i) not more than $1,235,000 may be reserved 
                      to carry out section 6, except as provided in 
                      clause (ii); and
                          ``(ii) for a higher appropriation year--
                                    ``(I) not more than $1,900,000 may 
                                be reserved to carry out section 6; and
                                    ``(II) of the amount so reserved, 
                                the portion exceeding $1,235,000 shall 
                                be used to carry out paragraphs (1) and 
                                (2) of section 6(b).

    ``(b) State Grants for Protection and Advocacy Services Related to 
Assistive Technology.--There are authorized to be appropriated to carry 
out section 5 $4,419,000 for fiscal year 2005 and such sums as may be 
necessary for each of fiscal years 2006 through 2010.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Developmental Disabilities Assistance and Bill of Rights Act of 
2000.--The Developmental Disabilities Assistance and Bill of Rights Act 
of 2000 (42 U.S.C. 15001 et seq.) is amended--
            (1) <<NOTE: 42 USC 15024.>> in section 124(c)(3)(B), by 
        striking ``section 101 or 102 of the Assistive Technology Act of 
        1998 (29 U.S.C. 3011, 3012)'' and inserting ``section 4 or 5 of 
        the Assistive Technology Act of 1998'';
            (2) <<NOTE: 42 USC 15025.>> in section 125(c)(5)(G)(i), by 
        striking ``section 101 or 102 of the Assistive Technology Act of 
        1998 (29 U.S.C. 3011, 3012)'' and inserting ``section 4 or 5 of 
        the Assistive Technology Act of 1998'';
            (3) <<NOTE: 42 USC 15043.>> in section 143(a)(2)(D)(ii), by 
        striking ``section 101 or 102 of the Assistive Technology Act of 
        1998 (29 U.S.C. 3011,

[[Page 118 STAT. 1737]]

        3012)'' and inserting ``section 4 or 5 of the Assistive 
        Technology Act of 1998''; and
            (4) <<NOTE: 42 USC 15064.>> in section 154(a)(3)(E)(ii)(VI), 
        by striking ``section 101 or 102 of the Assistive Technology Act 
        of 1998 (29 U.S.C. 3011, 3012)'' and inserting ``section 4 or 5 
        of the Assistive Technology Act of 1998''.

    (b) Rehabilitation Act of 1973.--The Rehabilitation Act of 1973 (29 
U.S.C. 701 et seq.) is amended--
            (1) <<NOTE: 29 USC 763.>> in section 203, by striking 
        subsection (e) and inserting the following:

    ``(e) In this section--
            ``(1) the terms `assistive technology' and `universal 
        design' have the meanings given the terms in section 3 of the 
        Assistive Technology Act of 1998; and
            ``(2) the term `targeted individuals' has the meaning given 
        the term `targeted individuals and entities' in section 3 of the 
        Assistive Technology Act of 1998.'';
            (2) <<NOTE: 29 USC 781.>> in section 401(c)(2), by striking 
        ``targeted individuals'' and inserting ``targeted individuals 
        and entities''; and
            (3) <<NOTE: 29 USC 792.>> in section 502(d), by striking 
        ``targeted individuals'' and inserting ``targeted individuals 
        and entities''.

    Approved October 25, 2004.

LEGISLATIVE HISTORY--H.R. 4278:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-514 (Comm. on Education and the Workforce).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            June 14, considered and passed House.
            Sept. 30, considered and passed Senate, amended.
            Oct. 8, House concurred in Senate amendment.

                                  <all>