H. Rept. 108-514 - 108th Congress (2003-2004)

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House Report 108-514 - IMPROVING ACCESS TO ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH DISABILITIES ACT OF 2004

[House Report 108-514]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-514

======================================================================
 
     IMPROVING ACCESS TO ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH 
                        DISABILITIES ACT OF 2004

                                _______
                                

  June 1, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Boehner, from the Committee on Education and the Workforce, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4278]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 4278) 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, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Improving Access to Assistive 
Technology for Individuals with Disabilities Act of 2004''.

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

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

``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

``SEC. 2. FINDINGS AND PURPOSES.

  ``(a) Findings.--Congress finds the following:
          ``(1) 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.
          ``(2) 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.
          ``(3) 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 would have profound implications for individuals 
        with disabilities in the United States.
          ``(4) Over the last 15 years, the Federal Government has 
        invested in the development of statewide comprehensive systems 
        to help individuals with disabilities gain access to assistive 
        technology devices and services. This partnership with States 
        provided an important service to individuals with disabilities 
        by strengthening the capacity of each State to assist 
        individuals with disabilities of all ages with their assistive 
        technology needs.
          ``(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 and adaptations increase the involvement, 
        and reduce expenditures associated with, programs and 
        activities that facilitate communication, ensure independent 
        living and functioning, enable early childhood development, 
        support educational achievement, provide and enhance employment 
        options, and enable full participation in community living and 
        recreation for individuals with disabilities.
          ``(6) Despite the success of the Federal-State partnership in 
        providing access to assistive technology and 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 their independence and participation of individuals 
        with disabilities in society.
  ``(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 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 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. DEFINITIONS.

  ``In this Act:
          ``(1) Advocacy services.--The term `advocacy services', 
        except as used as part of the term `protection and advocacy 
        services', means services provided to assist individuals with 
        disabilities and their family members, guardians, advocates, 
        and authorized representatives in accessing assistive 
        technology devices and assistive technology services.
          ``(2) American indian consortium.--The term `American Indian 
        Consortium' has the meaning given the term in section 102(1) of 
        the Developmental Disabilities Assistance and Bill of Rights 
        Act of 2000 and that is established to provide protection and 
        advocacy services for purposes of receiving funding under 
        subtitle C of title I of such Act.
          ``(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) services consisting of purchasing, leasing, or 
                otherwise providing for the acquisition of assistive 
                technology devices by individuals with disabilities;
                  ``(C) services consisting of selecting, designing, 
                fitting, customizing, adapting, applying, maintaining, 
                repairing, or replacing 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 disabilities, or, where appropriate, 
                the family members, guardians, advocates, or authorized 
                representatives of such an individual; and
                  ``(F) training or technical assistance for 
                professionals (including individuals providing 
                education and rehabilitation services), employers, or 
                other individuals who provide services to, employ, or 
                are otherwise substantially involved in the major life 
                functions of 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
                          ``(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 one 
                individual with a disability.
          ``(11) Institution of higher education.--The term 
        `institution of higher education' has the meaning given such 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1141(a)), and includes a community college receiving 
        funding under the Tribally Controlled Community College 
        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 part C of the Developmental 
                Disabilities Assistance and Bill of Rights Act (42 
                U.S.C. 6041 et seq.), the Protection and Advocacy for 
                Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801 
                et seq.), or section 509 of the Rehabilitation Act of 
                1973; 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 several States 
                of the United States, the District of Columbia, the 
                Commonwealth of Puerto Rico, the United States Virgin 
                Islands, Guam, American Samoa, and the Commonwealth of 
                the Northern Mariana Islands.
                  ``(B) Outlying areas.--In sections 4(c) and 5(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) Targeted individuals.--The term `targeted individuals' 
        means--
                  ``(A) individuals with disabilities of all ages and 
                their family members, guardians, advocates, and 
                authorized representatives;
                  ``(B) individuals who work for public or private 
                entities (including insurers or managed care 
                providers), that have contact with individuals with 
                disabilities;
                  ``(C) educators and related services personnel;
                  ``(D) technology experts (including engineers);
                  ``(E) health and allied health professionals;
                  ``(F) employers; and
                  ``(G) other appropriate individuals and entities.
          ``(16) Technology-related assistance.--The term `technology-
        related assistance' means assistance provided through capacity 
        building and advocacy activities that accomplish the purposes 
        described in any of subparagraphs (A) through (G) of section 
        2(b)(1).
          ``(17) 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.
          ``(18) 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 usable (without requiring assistive 
        technologies) and products and services that are made usable 
        with assistive technologies.

``SEC. 4. GRANTS TO STATES FOR PURCHASE OF ASSISTIVE TECHNOLOGY DEVICES 
                    AND ASSISTIVE TECHNOLOGY SERVICES.

  ``(a) Grants to States.--The Secretary shall award grants, in 
accordance with this section, 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 and their family members, guardians, advocates, and 
authorized representatives to obtain assistive technology devices and 
assistive technology services.
  ``(b) Use of Funds.--
          ``(1) In general.--
                  ``(A) Required activities.--Except as provided in 
                subparagraph (C), any State that receives a grant under 
                this section shall use a portion of the funds made 
                available through the grant to carry out the activities 
                described in subparagraphs (A) and (B) of paragraph 
                (2).
                  ``(B) Discretionary activities.--Any State that 
                receives a grant under this section may use the funds 
                made available through the grant to carry out the 
                activities described in subparagraph (C) or (D) of 
                paragraph (2).
                  ``(C) Special rule.--Any State in which financial 
                support for the activities described in subparagraph 
                (A) or (B) of paragraph (2) is provided from State or 
                other resources shall not be required to expend the 
                funds provided under the grant to carry out the 
                activities described in subparagraph (A) or (B), as the 
                case may be. Such financial support shall be comparable 
                to the amount of the grant the State would otherwise 
                have expended for such activities.
          ``(2) State-level activities.--
                  ``(A) State finance systems.--The State shall support 
                activities to increase access to, and funding for, 
                assistive technology devices and assistive technology 
                services, including the development of systems to 
                provide assistive technology devices and assistive 
                technology services to individuals with disabilities of 
                all ages, and that pay for such devices and services, 
                such as--
                          ``(i) the development of systems for the 
                        purchase, lease, other acquisition, or payment 
                        for the provision of assistive technology 
                        devices and assistive technology services; or
                          ``(ii) the establishment of alternative State 
                        or privately funded systems of subsidies for 
                        the provision of assistive technology devices 
                        or assistive technology services, 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 operated by a 
                                partnership among private entities for 
                                the purchase, lease, or other 
                                acquisition of assistive technology 
                                devices or assistive technology 
                                services; or
                                  ``(VI) another mechanism approved by 
                                the Secretary.
                  ``(B) Device loan programs.--The State shall 
                directly, or in collaboration with public or private 
                entities, carry out device loan programs that support 
                the short-term loan of assistive technology devices to 
                individuals, employers, public agencies, public 
                accommodations, or others seeking to meet the needs of 
                targeted individuals, including to comply with the 
                Individuals with Disabilities Education Act, the 
                Americans with Disabilities Act of 1990, and section 
                504 of the Rehabilitation Act of 1973.
                  ``(C) 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, 
                recycling, or other reutilization of assistive 
                technology devices, which may include redistribution 
                through device and equipment loans, rentals, or gifts.
                  ``(D) Device demonstration program.--The State shall 
                directly, or in collaboration with public or private 
                entities, carry out assistive technology device 
                demonstration programs that provide for the ability of 
                targeted individuals to learn about the use and 
                operation of assistive technology devices.
          ``(3) State leadership activities.--
                  ``(A) In general.--Any State that receives a grant 
                under this section may use up to 40 percent of the 
                funds made available through the grant to carry out the 
                activities described in subparagraph (B).
                  ``(B) Required activities.--The State shall support--
                          ``(i) public awareness activities designed to 
                        provide information to targeted individuals 
                        relating to the availability and benefits of 
                        assistive technology devices and assistive 
                        technology services, including--
                                  ``(I) the development and 
                                dissemination of information relating 
                                to--
                                          ``(aa) the nature of 
                                        assistive technology devices 
                                        and assistive technology 
                                        services;
                                          ``(bb) the appropriateness 
                                        of, cost of, availability of, 
                                        evaluation of, and access to, 
                                        assistive technology devices 
                                        and assistive technology 
                                        services; and
                                          ``(cc) 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;
                                  ``(II) the development of procedures 
                                for providing direct communication 
                                between providers of assistive 
                                technology and targeted individuals, 
                                which may include partnerships with the 
                                State and local workforce investment 
                                system established under the Workforce 
                                Investment Act of 1998, State 
                                vocational rehabilitation centers, 
                                public and private employers, or 
                                elementary and secondary public 
                                schools; and
                                  ``(III) the development and 
                                dissemination, to targeted individuals, 
                                of information about State efforts 
                                related to assistive technology; and
                                  ``(IV) the distribution of materials 
                                to appropriate public and private 
                                agencies that provide social, medical, 
                                educational, employment, and 
                                transportation services to individuals 
                                with disabilities.
                          ``(ii) technical assistance and training on--
                                  ``(I) the development of training 
                                materials and the conduct of training 
                                in the use of assistive technology 
                                devices and assistive technology 
                                services;
                                  ``(II) providing technical 
                                assistance, including technical 
                                assistance concerning how--
                                          ``(aa) to consider the needs 
                                        of an individual with a 
                                        disability for assistive 
                                        technology devices and 
                                        assistive technology services 
                                        in developing any 
                                        individualized plan or program 
                                        authorized under Federal or 
                                        State law; and
                                          ``(bb) to increase consumer 
                                        participation regarding 
                                        assistive technology devices 
                                        and assistive technology 
                                        services; and
                                  ``(III) the enhancement of the 
                                assistive technology skills and 
                                competencies of--
                                          ``(aa) individuals who work 
                                        for public or private entities 
                                        (including insurers and managed 
                                        care providers), who have 
                                        contact with individuals with 
                                        disabilities;
                                          ``(bb) educators and related 
                                        services personnel;
                                          ``(cc) technology experts 
                                        (including engineers);
                                          ``(dd) health and allied 
                                        health professionals;
                                          ``(ee) employers; and
                                          ``(ff) other appropriate 
                                        personnel; and
                          ``(iii) outreach and support to statewide and 
                        community-based organizations that provide 
                        assistive technology devices and assistive 
                        technology services to individuals with 
                        disabilities or that assist individuals with 
                        disabilities in using assistive technology 
                        devices and assistive technology services, 
                        including a focus on organizations assisting 
                        individuals from underrepresented populations 
                        and rural populations, and further including 
                        support such as outreach to consumer 
                        organizations and groups in the State to 
                        coordinate efforts to assist individuals with 
                        disabilities of all ages and their family 
                        members, guardians, advocates, or authorized 
                        representatives, to obtain funding for, access 
                        to, and information on evaluation of assistive 
                        technology devices and assistive technology 
                        services.
                  ``(C) Authorized activities.--The State may support 
                the operation and administration of the activities in 
                paragraph (2), through interagency coordination to 
                develop and promote the adoption of policies that 
                improve access to assistive technology devices and 
                assistive technology services for individuals with 
                disabilities of all ages in the State and that result 
                in improved coordination among public and private 
                entities that are responsible or have the authority to 
                be responsible, for policies, procedures, or funding 
                for, or the provision of assistive technology devices 
                and assistive technology services to, such individuals.
          ``(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 it receives under a grant under this section to 
                carry out any of the activities described in paragraph 
                (2).
                  ``(B) Special rule.--Notwithstanding paragraph 
                (3)(A), any State which exercises its authority under 
                subparagraph (A) may not use more than 30 percent of 
                the funds made available through the grant to carry out 
                the activities described in paragraph (3)(B).
  ``(c) Amount of Financial Assistance.--
          ``(1) Grants to outlying areas.--From the funds appropriated 
        under section 8(a) for any fiscal year for grants under this 
        section, the Secretary shall make a grant in an amount of not 
        more than $105,000 to each eligible outlying area.
          ``(2) Grants to states.--From the funds described in 
        paragraph (1) that are not used to make grants under paragraph 
        (1), the Secretary shall make grants to States in accordance 
        with the requirements described in paragraph (3).
          ``(3) Calculation of state grants.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), the Secretary shall allocate funds to each State 
                for a fiscal year in an amount that bears the same 
                ratio as the population of the State bears to the 
                population of all States.
                  ``(B) Minimum allotment.--A State shall receive an 
                amount under a grant for a fiscal year that is not less 
                than the amount the State received under the grant 
                provided under title I of this Act (as in effect on the 
                day before the date of the enactment of the Improving 
                Access to Assistive Technology for Individuals with 
                Disabilities Act of 2004) for fiscal year 2004.
                  ``(C) Ratable reductions.--
                          ``(i) In general.--If amounts made available 
                        to carry out this section for any fiscal year 
                        are insufficient to meet the minimum allotment 
                        requirement for each State under subparagraph 
                        (B) for such fiscal year, the Secretary shall 
                        ratably reduce such amounts for such fiscal 
                        year.
                          ``(ii) Additional funds.--If additional funds 
                        become available for making payments described 
                        under this subsection for any such fiscal year, 
                        the amounts that were reduced under clause (i) 
                        shall be increased on the same basis as such 
                        amounts were reduced.
  ``(d) Lead Agency.--
          ``(1) Designation.--To be eligible to receive a grant under 
        this section, the Governor of the State shall designate in 
        accordance with paragraph (2) a lead agency to administer the 
        grant under this section.
          ``(2) Eligible entities.--For purposes of paragraph (1), the 
        Governor of the State may designate one of the following:
                  ``(A) The State agency responsible for the 
                administration of vocational rehabilitation in the 
                State.
                  ``(B) A commission, council, or other official body 
                appointed by the Governor.
                  ``(C) A public-private partnership or consortium.
                  ``(D) A public agency (including the office of the 
                Governor, a State oversight office, a State agency, a 
                public institution of higher education, or other public 
                entity).
                  ``(E) A council established under Federal or State 
                law.
                  ``(F) An organization described in section 501(c)(3) 
                of Internal Revenue Code of 1986 and exempt from tax 
                under section 501(a) of that Act.
                  ``(G) Another appropriate office, agency, entity, or 
                organization.
          ``(3) Duties of the lead agency.--The duties of the lead 
        agency shall include--
                  ``(A) submitting the application described in 
                subsection (e) on behalf of the State;
                  ``(B) administering and supervising the use of 
                amounts made available under the grant received by the 
                State under this section;
                  ``(C) (i) coordinating efforts related to, and 
                supervising the preparation of, the application 
                described in subsection (e);
                  ``(ii) coordinating, maintaining, and evaluating the 
                comprehensive statewide program of technology-related 
                assistance among public agencies and between public 
                agencies and private entities, including coordinating 
                efforts related to entering into interagency 
                agreements; and
                  ``(iii) coordinating efforts, especially efforts 
                carried out with entities that provide protection and 
                advocacy services described in section 5, 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 under the grant;
                  ``(D) delegating, in whole or in part, any 
                responsibilities described in subparagraph (A), (B), or 
                (C) to one or more appropriate offices, agencies, 
                entities, or individuals; and
                  ``(E) establishing a partnership or partnerships with 
                private providers of social, medical, educational, 
                employment, and transportation services to individuals 
                with disabilities.
          ``(4) Change in lead agency.--The Governor may change the 
        lead agency of the State (to an agency other than the lead 
        agency of the State as of the date of the enactment of the 
        Improving Access to Assistive Technology for Individuals with 
        Disabilities Act of 2004) if the Governor provides a 
        justification in the application to the Secretary for such 
        action. Nothing in this subsection shall be construed to 
        require the Governor of a State to change the lead agency of 
        the State to an agency other than the lead agency of such State 
        as of the date of the enactment of the Improving Access to 
        Assistive Technology for Individuals with Disabilities Act of 
        2004.
  ``(e) State Application.--
          ``(1) Submission.--Any State that desires to receive a grant 
        under this section shall submit to the Secretary an application 
        at such time and in such manner as the Secretary may specify.
          ``(2) Content.--Each application shall contain, at a minimum, 
        the following information:
                  ``(A) Planned activities.--A description of those 
                activities described in subsection (b)(2) that the 
                State will carry out under the grant.
                  ``(B) Measurable goals.--A description of--
                          ``(i) the measurable goals the State has set 
                        for addressing the assistive technology needs 
                        of individuals with disabilities in the State, 
                        including any measurable goals, and a timeline 
                        for meeting such goals, related to--
                                  ``(I) education, including goals 
                                involving the provision of assistive 
                                technology to individuals with 
                                disabilities that receive services 
                                under the Individuals with Disabilities 
                                Education Act;
                                  ``(II) employment, including goals 
                                involving the State vocational 
                                rehabilitation program carried out 
                                under title I of the Rehabilitation Act 
                                of 1973;
                                  ``(III) telecommunication and 
                                information technology; and
                                  ``(IV) community living; and
                          ``(ii) how the State will quantifiably 
                        measure the goals to determine whether the 
                        goals have been achieved.
                  ``(C) Involvement of individuals with disabilities of 
                all ages and their families.--A description of how 
                individuals with disabilities of all ages and their 
                families--
                          ``(i) were involved in selecting--
                                  ``(I) the goals;
                                  ``(II) the activities to be 
                                undertaken in achieving the goals; and
                                  ``(III) the measures to be used in 
                                judging if the goals have been 
                                achieved; and
                          ``(ii) will be involved in measuring whether 
                        the goals have been achieved.
                  ``(D) State support.--A description of those 
                activities described in subsection (b)(2) that the 
                State will support under the grant, including at a 
                minimum the State's plans to provide financial support, 
                consistent with subsection (b)(1), for the activities 
                described in subparagraphs (A) and (B) of such 
                subsection.
                  ``(E) Assurance.--An assurance that the physical 
                location of the entity responsible for conducting the 
                State activities under this Act meets the requirements 
                of the Americans with Disabilities Act of 1990 
                regarding accessibility for individuals with 
                disabilities.
                  ``(F) Other information.--Such other information as 
                the Secretary may reasonably require.

``SEC. 5. GRANTS TO STATES FOR PROTECTION AND ADVOCACY RELATED TO 
                    ASSISTIVE TECHNOLOGY.

  ``(a) Grants to States.--The Secretary shall make a grant to an 
entity in each State to support protection and advocacy services 
through the systems established to provide protection and advocacy 
services under the Developmental Disabilities Assistance and Bill of 
Rights Act (42 U.S.C. 6000 et seq.) for the purposes of assisting in 
the acquisition, utilization, or maintenance of assistive technology or 
assistive technology services for individuals with disabilities.
  ``(b) Amount of Financial Assistance.--
          ``(1) Grants to outlying areas and american indian 
        consortium.--
                  ``(A) Outlying areas.--From the funds appropriated 
                under section 8(b) for any fiscal year, the Secretary 
                shall make a grant in an amount of not more than 
                $30,000 to each eligible system within an outlying 
                area.
                  ``(B) American indian consortium.--From the funds 
                appropriated under section 8(b) for any fiscal year, 
                the Secretary shall make a grant in an amount of not 
                more than $30,000 to the American Indian Consortium to 
                provide services in the same manner as an eligible 
                system described under this section. If the amount 
                appropriated under section 8(b) for a fiscal year 
                exceeds the amount appropriated under such section for 
                the preceding fiscal year, then the amount referred to 
                in the preceding sentence shall be increased for such 
                fiscal year by the same percentage as such amount 
                appropriated under section 8(b) exceeds the amount 
                appropriated under such section for the preceding 
                fiscal year.
          ``(2) Grants to states.--For any fiscal year, after reserving 
        funds to make grants under paragraph (1), the Secretary shall 
        make allotments from the remainder of the funds in accordance 
        with paragraph (3) to eligible systems within States to support 
        protection and advocacy services as described in subsection 
        (a). The Secretary shall make grants to the eligible systems 
        from the allotments.
          ``(3) Systems within states.--
                  ``(A) Population basis.--Except as provided in 
                subparagraph (B), from such remainder for each fiscal 
                year, the Secretary shall make an allotment to the 
                eligible system within a State of an amount bearing the 
                same ratio to such remainder as the population of the 
                State bears to the population of all States.
                  ``(B) Minimums.--Subject to the availability of 
                appropriations to carry out this section, the allotment 
                to any system under subparagraph (A) shall be not less 
                than $50,000, and the allotment to any system under 
                this paragraph for any fiscal year that is less than 
                $50,000 shall be increased to $50,000.
          ``(4) Reallotment.--Whenever the Secretary determines that 
        any amount of an allotment under paragraph (3) to a system 
        within a State for any fiscal year will not be expended by such 
        system in carrying out the provisions of this section, the 
        Secretary shall make such amount available for carrying out the 
        provisions of this section to all other systems in the same 
        proportion such amounts were first allocated to such systems.
          ``(5) 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, except that 
        program income generated from such amount shall remain 
        available for two additional fiscal years and may only be used 
        to improve the awareness of individuals with disabilities on 
        the accessibility of assistive technology and assisting such 
        individuals in the acquisition, utilization, or maintenance of 
        assistive technology or assistive technology services.
  ``(c) 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 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 and assistive 
        technology services for individuals with disabilities;
          ``(4) developing and implementing strategies to enhance the 
        long-term abilities of individuals with disabilities and their 
        family members, guardians, advocates, and authorized 
        representatives to advocate the provision of assistive 
        technology devices and assistive technology services to which 
        the individuals with disabilities are entitled under law other 
        than this Act;
          ``(5) coordinating activities with protection and advocacy 
        services funded through sources other than this Act, and 
        coordinating activities with the capacity building and advocacy 
        activities carried out by the lead agency; and
          ``(6) effectively allocating carryover funds described in 
        subsection (b)(5) to improve the awareness of individuals with 
        disabilities on the accessibility of assistive technology and 
        assisting them in the acquisition, utilization, or maintenance 
        of assistive technology or assistive technology services.
  ``(d) Reports and Updates to State Agencies.--An entity that receives 
a grant under this section shall prepare and submit to the lead agency 
the report described in subsection (c) and quarterly updates concerning 
the activities described in subsection (c).
  ``(e) Coordination.--On making a grant under this section to an 
entity in a State, the Secretary shall solicit and consider the 
opinions of the lead agency of the State designated under section 4(d) 
with respect to efforts at coordination, collaboration, and promoting 
outcomes between the lead agency and the entity that receives the grant 
under this section.

``SEC. 6. ADMINISTRATIVE PROVISIONS.

  ``(a) General Administration.--Notwithstanding any other provision of 
law, the Rehabilitation Services Administration in the Office of 
Special Education and Rehabilitative Services of the Department of 
Education shall be responsible for the administration of this Act.
  ``(b) Review of Participating Entities.--
          ``(1) In general.--The Secretary shall assess the extent to 
        which entities that receive grants pursuant to this Act are 
        complying with the applicable requirements of this Act and 
        achieving the quantifiable, measurable goals that are 
        consistent with the requirements of the grant programs under 
        which the entities applied for the grants.
          ``(2) Provision of information.--To assist the Secretary in 
        carrying out the responsibilities of the Secretary under this 
        section, the Secretary may require States to provide relevant 
        information, including the information required under 
        subsection (d).
  ``(c) Corrective Action and Sanctions.--
          ``(1) Corrective action.--If the Secretary determines that an 
        entity fails to substantially comply with the requirements of 
        this Act or to substantially make progress towards meeting the 
        goals established under section 4(e)(2)(B) with respect to a 
        grant program, the Secretary shall assist the entity through 
        technical assistance funded under section 7 or other means, 
        within 90 days after such determination, to develop a 
        corrective action plan.
          ``(2) Sanctions.--An entity that fails to develop and comply 
        with a corrective action plan as described in paragraph (1) 
        during a fiscal year shall be subject to one of the following 
        corrective actions selected by the Secretary:
                  ``(A) Partial or complete withholding of funds under 
                the grant program until such plan is developed and 
                implemented.
                  ``(B) Reduction in the amount of funding that may be 
                used for indirect costs under section 4(b)(4) for the 
                following year under the grant program.
                  ``(C) Required redesignation of the lead agency 
                designated under section 4(d) or an entity responsible 
                for administering the grant program.
          ``(3) Appeals procedures.--The Secretary shall establish 
        appeals procedures for entities that are found to be in 
        noncompliance with the requirements of this Act or have not 
        substantially made progress towards meeting the goals 
        established under section 4(e)(2)(B).
          ``(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.--
          ``(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 information on--
                  ``(A) the type of alternative financing mechanisms 
                used by each State under the program;
                  ``(B) the amount and type of assistance given to 
                consumers (who shall be classified by age, type of 
                disability, type of assistive technology device or 
                assistive technology service financed through the 
                program, geographic distribution within the State, 
                gender, and whether the consumers are part of an 
                underrepresented population or rural population), 
                including--
                          ``(i) the number of applications for 
                        assistance received;
                          ``(ii) the number of applications approved 
                        and rejected;
                          ``(iii) the default rate;
                          ``(iv) the range and average interest rate;
                          ``(v) the range and average income of 
                        approved loan applicants; and
                          ``(vi) the types and dollar amounts of 
                        assistive technology financed;
                  ``(C) the number, type, and length of time of loans 
                of assistive technology devices provided to individuals 
                with disabilities, employers, public agencies, or 
                public accomodations, including an analysis of the 
                individuals with disabilities who have benefited from 
                the device loan program;
                  ``(D) the number, type, estimated value, and scope of 
                device reutilization programs, including an analysis of 
                the individuals with disabilities that have benefited 
                from the device loan program;
                  ``(E) the number and type of equipment demonstrations 
                provided, including an analysis of individuals with 
                disabilities who have benefited from the program;
                  ``(F) a summary of the State plans and annual reports 
                submitted by the States, including an analysis of the 
                progress of the States in meeting their goals 
                established in the State application;
                  ``(G) the number of individuals who received training 
                and the topics of such training;
                  ``(H) the frequency and nature of technical 
                assistance provided to State and local governmental 
                agencies and other entities; and
                  ``(I) the outcomes of interagency coordination and 
                collaboration activities carried out by the State, as 
                applicable, that support access to assistive technology 
                including the type, purpose, and source of leveraged 
                funding or other contributed resources from public and 
                private entities.
  ``(e) Effect on Other Assistance.--This Act may not be construed as 
authorizing a Federal or a State agency to reduce medical or other 
assistance available, or to alter eligibility for a benefit or service, 
under any other Federal law.

``SEC. 7. NATIONAL ACTIVITIES.

  ``(a) In General.--Through grants, contracts, or cooperative 
agreements, awarded on a competitive basis, the Secretary is authorized 
to provide technical assistance to entities, principally entities 
funded under section 4 or 5.
  ``(b) Input.--In designing the program to be funded under this 
section, and in deciding the differences in function between national 
and regionally based technical assistance efforts carried out through 
the program, the Secretary shall consider the input of the directors of 
comprehensive statewide programs of technology-related assistance 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; and
          ``(3) individuals employed by protection and advocacy systems 
        funded under section 5.
  ``(c) Authorized Activities.--The Secretary shall support activities 
designed to maximize the impact and benefit of assistive technology 
devices and assistive technology services for individuals with 
disabilities, including the following activities:
          ``(1) National public internet site.--
                  ``(A) Establishment of internet site.--The Secretary 
                shall fund the establishment and maintenance of a 
                National Public Internet Site for the purposes of 
                providing to individuals with disabilities and the 
                general public technical assistance and information on 
                increased access to assistive technology devices, 
                assistive technology services, and other disability-
                related resources.
                  ``(B) Eligible entity.--To be eligible to receive a 
                grant or enter into a contract or cooperative agreement 
                under subsection (a) to establish and maintain the 
                Internet site, an entity shall be an institution of 
                higher education that emphasizes research and 
                engineering, has a multidisciplinary research center, 
                and has 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 education, information, 
                        and referral services to individuals with 
                        disabilities, including technology-based 
                        curriculum development services for adults with 
                        low-level reading skills;
                          ``(iv) developing cooperative partnerships 
                        with the private sector, particularly with 
                        private sector computer software, hardware, and 
                        Internet services entities; and
                          ``(v) developing and designing advanced 
                        Internet sites.
                  ``(C) Features of internet site.--The National Public 
                Internet Site described in subparagraph (A) 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) Resources for a number of 
                                disabilities.--The site shall include 
                                resources relating to the largest 
                                possible number of disabilities, 
                                including resources relating to low-
                                level reading skills.
                          ``(iv) Links to private sector resources and 
                        information.--To the extent feasible, the site 
                        shall be linked to relevant private sector 
                        resources and information, under agreements 
                        developed between the institution of higher 
                        education and cooperating private sector 
                        entities.
                  ``(D) Minimum library components.--At a minimum, the 
                Internet site shall maintain updated information on--
                          ``(i) how to plan, develop, implement, and 
                        evaluate activities to further extend 
                        comprehensive statewide programs of technology-
                        related assistance, including the development 
                        and replication of effective approaches to--
                                  ``(I) providing information and 
                                referral services;
                                  ``(II) promoting interagency 
                                coordination of training and service 
                                delivery among public and private 
                                entities;
                                  ``(III) conducting outreach to 
                                underrepresented populations and rural 
                                populations;
                                  ``(IV) mounting successful public 
                                awareness activities;
                                  ``(V) improving capacity building in 
                                service delivery;
                                  ``(VI) training personnel from a 
                                variety of disciplines; and
                                  ``(VII) improving evaluation 
                                strategies, research, and data 
                                collection;
                          ``(ii) 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;
                          ``(iii) successful approaches to increasing 
                        the availability of public and private funding 
                        for and access to the provision of assistive 
                        technology devices and assistive technology 
                        services by appropriate State agencies; and
                          ``(iv) demonstration sites where individuals 
                        may try out assistive technology.
          ``(2) Technical assistance efforts.--The Secretary shall, on 
        a competitive basis, make grants to, or enter into cooperative 
        agreements with, eligible entities--
                  ``(A) to address State-specific information requests 
                concerning assistive technology from other entities 
                funded under this Act and public entities not funded 
                under this Act, including--
                          ``(i) requests for state-of-the-art, or 
                        model, Federal, State, and local laws, 
                        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;
                          ``(ii) 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;
                          ``(iii) 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;
                          ``(iv) 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;
                          ``(v) other requests for technical assistance 
                        from other entities funded under this Act and 
                        public entities not funded under this Act; and
                          ``(vi) other assignments specified by the 
                        Secretary, including assisting entities 
                        described in section 6(b) to develop corrective 
                        action plans; and
                  ``(B) to assist targeted individuals 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 subparagraph (A).
  ``(d) Eligible Entities.--To be eligible to compete for grants, 
contracts, and cooperative agreements under this section, entities 
shall have documented experience with and expertise in assistive 
technology service delivery or systems, interagency coordination, and 
capacity building and advocacy activities.
  ``(e) Application.--To be eligible to receive a grant, contract, or 
cooperative agreement under this section, an entity shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require.

``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

  ``(a) State Grants for Assistive Technology; National Activities.--
There are authorized to be appropriated to carry out sections 4 and 7 
of this Act $21,524,000 for fiscal year 2005 and such sums as may be 
necessary for each of fiscal years 2006 through 2010. Of the amount 
appropriated pursuant to the authorization of appropriations under this 
subsection for a fiscal year, not more than $1,235,000 may be made 
available to carry out section 7 of this Act.
  ``(b) State Grants for Protection and Advocacy.--There are authorized 
to be appropriated to carry out section 5 of this Act $4,419,000 for 
fiscal year 2005 and such sums as may be necessary for each of fiscal 
years 2006 through 2010.''.

                                Purpose

    H.R. 4278, the Improving Access to Assistive Technology for 
Individuals with Disabilities Act of 2004, enhances the 
Assistive Technology Act to provide assistance to States 
enhancing their ability to provide assistive technology to 
individuals with disabilities. The bill establishes 
comprehensive State programs to support grants for assistive 
technology, protection and advocacy services, and national 
activities.

                            Committee Action


                         SUBCOMMITTEE HEARINGS

    On March 21, 2002, the Subcommittee on 21st Century 
Competitiveness held a hearing entitled, ``Assessing the 
Assistive Technology Act of 1998.'' The focus of this hearing 
was to evaluate the achievements of the assistive technology 
programs that receive federal funding under the Assistive 
Technology Act of 1998, and ascertain the future Federal role 
in regards to these programs. Mr. Mark Shultz, Director of the 
Assistive Technology Partnership for the Nebraska Department of 
Education, Lincoln, Nebraska; Mr. William Ward, Executive 
Director of the Independent Empowerment Center in Manassas, 
Virginia; Mr. Paul Rasinski, Executive Director of the Maryland 
Technical Assistance Program in Baltimore, Maryland; and Ms. 
Carol Novak, a parent from Tampa, Florida all testified before 
the Subcommittee.

                           LEGISLATIVE ACTION

    On May 5, 2004, Howard P. ``Buck'' McKeon, Chairman of the 
Subcommittee on 21st Century Competitiveness, and Chairman John 
Boehner, introduced H.R. 4278, the ``Improving Access to 
Assistive Technology for Individuals for Disabilities Act of 
2004,'' a bill 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.
    On May 13, 2004 the Subcommittee on 21st Century 
Competitiveness considered H.R. 4278 in legislative session and 
reported it favorably, by voice vote, to the Committee on 
Education and the Workforce. The Subcommittee adopted the 
following amendment:
    An amendment in the nature of a substitute was offered by 
Mr. McKeon and adopted by voice vote. The substitute amendment 
contained technical and clarifying changes, as well as language 
that would:
     Require States to support an alternative financing 
program and an assistive technology device loan program.
     Allow States to use funds to support assistive 
technology device reutilization programs and assistive 
technology device demonstration programs.
     Change the required percentage of funds that 
States must spend on the above mentioned State activities from 
75% in the introduced bill to 60%.
     Change the allowed percentage of funds to be spent 
on State leadership activities from 25% in the introduced bill 
to 40%.
     Allow the American Indian Consortium to operate as 
a protection and advocacy system for Native Americans involved 
in the Assistive Technology programs.
     Allow the protection and advocacy systems to 
receive the same proportionate increases in funding that States 
receive, but that amount may not exceed the rate of inflation.
     Clarify language increasing accountability on the 
State application and the annual report.
    On May 19, 2004 the Committee on Education and the 
Workforce considered H.R. 4278 in legislative session and 
reported the bill favorably, as amended, to the House of 
Representatives. The bill passed by voice vote. The Committee 
adopted the following amendment:
    An amendment in the nature of a substitute was offered by 
Mr. McKeon and adopted by voice vote. The substitute amendment 
contained technical and clarifying changes, as well as language 
that would:
     Give States a flexibility option with regard to 
expenditure of funds. States could spend at least 60% of funds 
on State activities and up to 40% on State leadership 
activities, while being required to support specific programs 
and activities within the two categories. States could also 
choose to spend at least 70% on State activities and up to 30% 
on State leadership activities, while the particular programs 
funded would be up to the discretion of the States.
     Allow protection and advocacy systems to retain 
program income for two years after receiving the income while 
requiring funds to be spent on activities that enhance access 
to and awareness of assistive technology devices and services.
     Changes the authorization of appropriations 
language to provide clear direction to appropriators regarding 
funding for the Act.
           State grants and national activities are 
        authorized at $21,524,000 for FY 2005 (current level of 
        funding for FY 2004) with a cap on national activities 
        not to exceed $1,235,000.
           Protection and advocacy agencies are 
        authorized at $4,419,000 for FY 2005 (current level of 
        funding for FY 2004).
     Restore language in current law regarding the use 
of funds for individual purchases of assistive technology 
devices.

                                Summary

    H.R. 4278, the ``Improving Access to Assistive Technology 
for Individuals with Disabilities Act of 2004'', reauthorizes 
and amends the Assistive Technology Act which provides 
assistance and support for State programs to provide assistive 
technology to individuals with disabilities. The legislation 
amends the existing law by consolidating the three titles into 
one comprehensive bill to support State grants for assistive 
technology, protection and advocacy services, and national 
activities.
    H.R. 4278 is centered on the following principles for 
reform:
     Update the focus of the Assistive Technology Act 
to reflect the priority of increasing access to needed devices 
for individuals with disabilities. The Assistive Technology 
State grant program was established in 1988 as a 10-year 
program to provide seed money to enable States to create 
systems for improving access to assistive technology devices 
for individuals with disabilities. In the 16 years since the 
inception of this program, States have made great strides in 
establishing the needed infrastructure to effectively 
administer the program. H.R. 4278 makes a significant shift in 
the focus of the program by moving away from State systems of 
information about assistive technology and towards the goal of 
providing greater opportunities for individuals with 
disabilities to gain access to assistive technology.
     Require States to spend the bulk of State grants 
on direct services for individuals with disabilities. Under 
current law, States have used Federal dollars to establish the 
necessary information dissemination systems to provide 
individuals with disabilities information about assistive 
technology through public awareness, outreach, technical 
assistance, and training on assistive technology. H.R. 4278 
requires States to use a majority of Federal funds directly to 
help individuals with disabilities actually acquire assistive 
technology. However, H.R. 4278 recognizes the need for State 
flexibility in determining which activities they support, so 
the bill gives States the ability to choose between two 
systems. Under the first option, States will use at least 60 
percent of their funds to support at least the alternative 
financing program and assistive technology device loan program. 
States would also be allowed to support the assistive 
technology device reutilization program or assistive technology 
device loan demonstration program. Using no more than 40 
percent of their funds for State leadership activities, States 
are required to support public awareness, technical assistance, 
training, and outreach activities and may additionally support 
interagency coordination. Under the second option, States will 
use at least 70 percent of their funds with discretion to pick 
any one or more of the four State-level activities: alternative 
financing program, assistive technology device loan program, 
assistive technology device reutilization program, or assistive 
technology device loan demonstration program. States would not 
be able to spend more than 30 percent of their funds on the 
State leadership activities (public awareness, technical 
assistance, training, and outreach) and may additionally 
support interagency coordination.
     Create greater accountability for how States use 
assistive technology grants. H.R. 4278 requires States to 
submit an application with detailed descriptions of planned 
activities and measurable goals relating to education, 
employment, telecommunication or information technology, and 
community living and requires the Secretary of Education to 
submit an annual report with specific information about State 
efforts.

                     Committee Statement and Views

    Since 1988, the Federal government has played an important 
role in helping States develop systems to provide access to 
assistive technology devices and services for individuals with 
disabilities. The original intent of this program was to 
provide seed money to establish state-wide systems to help 
individuals with disabilities access assistive technology. 
Since then, all 50 states, the District of Columbia, Puerto 
Rico, and the outlying areas have established systems of some 
design and scope. In 1998, Congress added the alternative 
financing program as a competitive grant program and many 
States have made significant progress in expanding the 
opportunities made available to individuals with disabilities. 
The Committee feels that the main goal of the original 
legislation, that of creating comprehensive State systems to 
identify and respond to the needs for assistive technology of 
individuals with disabilities, has largely been met. H.R. 4278, 
the ``Improving Access to Assistive Technology for Individuals 
with Disabilities Act of 2004,'' recognizes the importance of 
continuing these important State systems but shifts the primary 
focus of the program to help States provide assistive 
technology directly to individuals with disabilities.

Findings

    The findings of the Act are updated to reflect the new 
focus of the program on improving the ability of individuals 
with disabilities to gain access to assistive technology 
devices and services. The findings are also updated to reflect 
the success of the Assistive Technology Act in establishing 
State systems. The purpose of the Act is changed to match the 
new focus of the program in helping States provide assistive 
technology to individuals with disabilities through 
comprehensive state-wide programs.

Grants to States for purchase of assistive technology devices and 
        assistive technology services

    Section 4 of the Act authorizes grants to States to 
maintain comprehensive state-wide programs of technology 
related assistance to support programs that are designed to 
maximize the ability of individuals with disabilities to obtain 
assistive technology devices and assistive technology services. 
This section contains numerous changes and reforms to meet the 
dual goals of shifting the focus towards putting assistive 
technology in the hands of individuals with disabilities while 
providing sufficient State flexibility to operate an efficient 
and effective system. The Committee feels that this new focus 
is a significant improvement to the Act and these reforms are 
vital to the stability of the program.

State-level activities

    The bill authorizes four activities that the Committee 
feels represent the best array of activities that can have an 
immediate impact in providing assistive technology devices or 
services directly to an individual with a disability.
    The alternative financing mechanisms were first established 
in 1998 as part of an effort to expand the reach of the 
Assistive Technology Act. States were given the ability to 
apply for competitive grants to develop systems for the 
purchase, lease, other acquisition, or payment for the 
provision of assistive technology devices or assistive 
technology services. States have used the flexibility under 
that program to develop an array of financial resources for 
individuals with disabilities to obtain assistive technology 
through low-interest loans, interest buy-down programs, 
revolving loan funds, loan guarantees, and other creative 
market-based incentives.
    The Committee feels that the alternative financing 
mechanisms program has shown significant promise where 
effectively implemented and feels that this program can have a 
positive effect on the life of an individual with a disability. 
By giving an individual with a disability the possibility to 
own assistive technology devices, these programs can help 
foster the sense of self-determination and freedom that 
ownership provides.
    The assistive technology device loan program is a creative 
approach that many States have implemented to reach wider 
numbers of individuals with disabilities. Whether the loan is 
long-term or short-term, an individual with a disability can 
use an assistive technology device to attend school, seek and 
maintain regular employment, or participate more fully in 
society. These loan programs provide an immediate impact by 
removing many of the obstacles individuals with disabilities 
may face by helping them interact more fully on a daily basis 
with their non-disabled peers.
    The assistive technology device reutilization program is a 
relatively new approach that some States are pursuing to expand 
the reach of their existing programs. States collect and 
refurbish assistive technology devices and provide them to 
individuals with disabilities through device loan programs or 
device demonstration programs. This program has great promise 
for those States that choose to pursue it, and the Committee is 
very interested to learn about the implementation efforts of 
this activity.
    The device demonstration program has been used by many 
States as an effective method of informing individuals with 
disabilities about the array of assistive technology devices 
that are available through public agencies or private companies 
for purchase, loan, or other methods. States have developed a 
variety of ways of demonstrating these important devices 
through State centers, mobile labs, or over the internet. 
Individuals with disabilities, especially those with new 
injuries as a result of accident or injury, have found these 
demonstration programs to be particularly effective in raising 
awareness of the availability and accessibility of assistive 
technology. The Committee feels this is an important activity 
that can continue to provide significant improvement to the 
life of an individual with a disability.

State leadership activities

    The bill authorizes three administrative activities that 
States are required to support with Federal or State funds as a 
condition of receiving Federal funds under the Act. Public 
awareness activities are a strong component of the Act that 
ensure that individuals with disabilities are aware of the 
availability of programs supported by the Act. Too many 
individuals with disabilities are unaware of the array of 
assistive technology devices and assistive technology services 
that are available to them. Through public awareness 
activities, State programs reach out widely to employers, 
schools, hospitals, and other places where individuals with 
disabilities are likely to be made aware of the program.
    Technical assistance and training activities help 
individuals with disabilities, and those that provide 
assistance to them, learn about assistive technology devices 
and communicate more effectively about the needs of individuals 
with disabilities as consumers of assistive technology. These 
activities also improve the responsiveness of assistive 
technology service providers to the needs of individuals so 
that assistive technology devices and assistive technology 
services can be more targeted and effective.
    Outreach activities to statewide and community-based 
organizations provide an important opportunity for States to 
work with disability advocacy organizations, community 
associations, health care providers, and others to ensure that 
information about assistive technology devices and assistive 
technology services reaches the widest audience of individuals 
with disabilities possible. Effective coordination with these 
organizations can help target information and tailor such 
information to be more useful to individuals with disabilities 
so that they can take advantage of the opportunities available 
to them.
    In addition, States are authorized to support interagency 
coordination to improve the effectiveness of State systems and 
promote collaboration between different agencies, offices, and 
service providers within the State. The Committee recognizes 
the importance of this activity but does not feel that 
significant amounts of Federal funds should be spent on this 
activity as it is largely a State responsibility.

Required activities

    Over the past 16 years States have combined Federal, State, 
local, and private funds to establish and maintain 
comprehensive systems of technology related assistance. Under 
current law, the Federal dollars have largely been used to 
support administrative activities that have enabled States to 
develop and expand the reach of their programs. While these 
activities are important to the continued success of the Act, 
the Committee feels that the Federal funds should now be 
focused on activities that actually result in assistive 
technology being provided to individuals with disabilities.
    Under the new design of the Act, States are given the 
option to choose between two patterns of allocating their 
Federal funds. The first option requires States to spend at 
least 60 percent of their funds on State-level activities and 
no more than 40 percent of their funds on State leadership 
activities. Under this option, States are required to provide 
support for the alternative financing mechanisms and assistive 
technology device loan programs, which are two of the more 
promising approaches in getting technology directly in the 
hands of individuals with disabilities. States are allowed to 
spend funds on the additional activities authorized, assistive 
technology reutilization and assistive technology 
demonstration, if they choose.
    The Committee recognizes that many States have already 
moved in this important direction and are already supporting 
effective alternative financing systems or assistive technology 
device loan programs. It is clearly not the intent of the 
Committee to require States to duplicate already successful 
efforts. Accordingly, the bill includes important flexibility 
for States that are already supporting these activities. In the 
State application, if the State can demonstrate that comparable 
support from State or other resources are being expended on 
these activities, the State will not be required to support 
them with Federal funds. The Committee strongly encourages the 
Secretary to work collaboratively with States to determine 
appropriate methods of demonstrating such comparability, 
especially in demonstrating such comparability with private or 
non-public support. The Committee also encourages the Secretary 
to be clear with States what reportingelements are necessary 
after demonstrating that State or other resources are supporting these 
activities so that States can provide an adequate annual report without 
requiring private entities to divulge proprietary information.

State Flexibility

    Despite the flexibility that the bill already provides 
States on the mix of required activities, and methods of 
demonstrating support for those important activities, several 
States asked for additional flexibility. The Committee feels 
that the balance between funding and activities is weighed 
carefully, but also agrees that States could use additional 
flexibility. For those States that do not want to establish or 
maintain an alternative financing program or device loan 
program, and do not have State or other financial resources 
supporting those activities within the State already, the bill 
allows additional flexibility. Under the bill, States are 
allowed to choose to spend an even higher percentage of their 
Federal funds, at least 70 percent, on State-level activities. 
However, States are given unlimited discretion on which 
activities they will support. States may choose to fund any one 
of the four authorized activities, or any combination of those 
activities. However, States exercising this flexibility are 
only allowed to spend up to 30 percent of their Federal funds 
on State leadership activities. The Committee feels that this 
is a fair balance between the new focus of the program and the 
importance of allowing State flexibility in crafting an 
effective program within the State.

Lead Agency

    The Committee recognizes that effective State supervision 
of the program is essential to its continued success. The bill 
maintains the ability of the Governor to determine which agency 
or entity is responsible for administering the program. While 
the Governor is still authorized to change the lead agency if 
desired, the Committee feels it is important for the Governor 
to clearly explain to the public and the Secretary of Education 
in the State application why such a change is necessary.
    The Committee also recognizes that States have a variety of 
methods through varying agencies of providing the services 
authorized under the Act. The Committee does not intend for 
this bill to interfere with effective relationships that are 
already in existence within the State between different 
agencies and different providers. Where States have contracts 
or grants with public agencies or institutions, private, or 
not-for-profit organizations, such as in Wisconsin, Delaware, 
and Pennsylvania, to provide different types or levels of 
services, nothing in this bill should be construed as 
preventing the continuation of those effective relationships. 
Additionally, the Committee feels that when a State chooses to 
make any new contracts or grants to organizations to conduct 
any activities funded under the Act that they should do so with 
a fair, open, and competitive process.

State Application

    Public accountability is fundamentally important to the 
continued success of this program. While the Committee 
understands that States have provided copious amounts of 
information to the Department regarding their activities under 
the Act, the information has been inconsistent from State to 
State and year to year. The Committee recognizes that current 
law was unclear on what information was required and the bill 
makes necessary changes.
    Under the bill, States are required to establish measurable 
goals that address the assistive technology needs of 
individuals with disabilities related to education, employment, 
telecommunication and information technology, and community 
living. In the application, States are required to inform the 
Secretary how they will quantifiably measure these goals to 
determine whether the goals are met.
    The Committee takes these accountability measures very 
seriously and strongly encourages the States and the Secretary 
to establish meaningful measures to determine the effectiveness 
of the program. The Committee also expects to see annual 
reports on State progress on these goals included in the annual 
report to Congress submitted by the Secretary.

Grants to States for protection and advocacy related to assistive 
        technology

    Section 5 of the Act retains much of its structure from 
current law regarding grants for protection and advocacy 
organizations. The American Indian Consortium is added as an 
entity eligible to receive funds under the Act to provide 
protection and advocacy services related to assistive 
technology to their clients.
    The Committee added clarifying language to the reallotment 
requirements if a State protection and advocacy organization 
returns all or a portion of its allocation to the Secretary. 
The Secretary will be required to reallocate those funds in a 
proportionate manner to all other systems. Protection and 
advocacy systems will also be allowed to use their allocated 
funds for up to two years to make the expenditure of those 
funds more effective and efficient. These systems will also be 
allowed to retain their program income for two additional 
years, except that these funds may only be used to improve the 
awareness of individuals with disabilities on the accessibility 
of assistive technology and to assist them in the acquisition, 
utilization, or maintenance of assistive technology or 
assistive technology services. The Committee is very interested 
in the effective use of these funds and requires the protection 
and advocacy systems to report on their use of any carryover 
money to ensure the transparency and accountability of these 
funds.

Administrative provisions

    Section 6 retains the ability of the Secretary to provide 
effective oversight of the Act to ensure that activities 
carried out meet the purposes of the Act. The Committee changed 
the sanctions available to the Secretary to ensure that the 
Secretary has useful methods available to correct the behavior 
of grantees if necessary. The Secretary is authorized to 
develop a corrective action plan with the grantee to improve 
the performance of the grantee. If a corrective action plan is 
not developed or is not implemented and the Secretary 
determines that further action is necessary, the Secretary is 
authorized to withhold all or a portion of the grant funds, 
reduce the amount of funds that can be used for State 
leadership activities, or require the State to redesignate the 
lead agency responsible for administering the program.
    The Committee also feels that public accountability is 
important. Accordingly, if the Secretary takes action to 
improve compliance with the Act, the Secretary is required to 
place a notice on the Department of Education's website and 
inform Congress in the annual report.
    The Committee notes that in the 16 year history of the Act 
no annual report has ever been submitted on the activities of 
the Act. The Committee is very concerned that the effectiveness 
of the program, and the ability of the public to understand the 
importance of the Act, has been hampered by the lack of an 
annual report. The bill includes comprehensive and detailed 
requirements for an annual report to be submitted to Congress. 
These reporting requirements are essential to the effective 
oversight of the Act by Congress, and for public awareness of 
the program. The Committee expects that the Secretary will 
fulfill this requirement in as soon as possible but not later 
than the end of 2004. In addition, the Committee expects the 
Secretary provide satisfactory information to Congress in a 
timely fashion.

 National activities

    Section 7 authorizes the Secretary of Education to conduct 
certain national activities to improve the operation of the 
Act, provide necessary technical assistance and information to 
States, and develop a national internet site for individuals 
with disabilities to learn about the availability of assistive 
technology.
    The activities in this section are essentially unchanged 
from current law, but the Committee encourages the Secretary to 
reevaluate the national internet site. The current product is 
insufficient to meet the needs of the majority of individuals 
with disabilities that would normally use the website, and the 
Committee encourages the Secretary to consult with a variety of 
individuals with disabilities, advocacy organizations, and 
State programs to ensure that the internet site is widely 
accessible and is updated with the most current information 
about assistive technology as possible, including assistive 
technology programs that are privately funded and operated by 
financial institutions.
    The Committee also encourages the Secretary to coordinate 
with a variety of individuals with disabilities, advocacy 
organizations, State programs, and colleagues in the 
Administration in developing a program of technical assistance 
to support the activities of the Act.

 Conclusion

    H.R. 4278, the Improving Access to Assistive Technology for 
Individuals with Disabilities Act of 2004, enhances the 
Assistive Technology Act by focusing on key reforms to improve 
the Act and provide a greater focus on maximizing the ability 
of individuals with disabilities to gain direct access to 
assistive technology devices and assistive technology services.
    The use of assistive technology can help a child attend 
school, an adult seek and maintain gainful employment, and 
individuals with disabilities of all ages participate more 
fully in society. Every day, the lives of countless individuals 
with disabilities are made better through access to assistive 
technology. Assistive technology helps individuals meet the 
challenges they face every day, and through the use of 
assistive technology individuals with disabilities can overcome 
almost any obstacle they face.
    The Committee believes that H.R. 4278 makes important and 
necessary reforms to the Assistive Technology Act and will have 
the overall impact of improving the availability of assistive 
technology devices and assistive technology services to 
individuals with disabilities.

                       Section-by-Section Analysis

    Section 1--Short Title. Cites the short title as the 
Improving Access to Assistive Technology for Individuals with 
Disabilities Act of 2004.
    Section 2--Amendment to the Assistive Technology Act of 
1998. The following language amends the Assistive Technology 
Act of 1998 (29 U.S.C. 3001 et seq.) in its entirety, replacing 
all sections of current law.
    Section 1--Short Title; Table of Contents. Cites the short 
title as the ``Assistive Technology Act of 1998.'' Outlays the 
numbers and headings of the sections of this Act.
    Section 2--Findings and Purposes. States that Congress 
finds the following: disabilities are a natural part of the 
human experience, and they in no way diminish individual 
rights; development and implementation of technology is a 
driving force in economics and education; technology impacts 
the lives of individuals with disabilities at the same rate as 
the remainder of the Nation's citizens; the federal government 
has invested in statewide systems to assist individuals with 
disabilities in gaining access to assistive technology and 
services; substantial progress has occurred in assistive 
technology development; and there is a continued need to 
provide further assistance and information regarding assistive 
technology devices and services. Declares the purposes of this 
Act to be to support States (including through financial means) 
in improving the availability and accessibility of assistive 
technology devices and services, as well as the awareness of 
these services.
    Section 3--Definitions. Defines the following terms used in 
this Act: Advocacy Services, American Indian Consortium, 
Assistive Technology, Assistive Technology Device, Assistive 
Technology Service, Capacity Building and Advocacy Activities, 
Comprehensive Statewide Program of Technology-Related 
Assistance, Consumer Responsive, Disability, Individual with a 
Disability, Individuals with Disabilities, Institution of 
Higher Education, Protection and Advocacy Services, Secretary, 
State, Targeted Individuals, Technology-Related Assistance, 
Underrepresented Population, and Universal Design.
    Section 4--Grants to States for Purchase of Assistive 
Technology Devices and Assistive Technology Services. Declares 
that the Secretary shall make grants to States to maintain a 
comprehensive statewide program to maximize the ability of 
individuals with disabilities and other members of the targeted 
population to access assistive technology devices and services 
through both State level activities and State leadership 
activities. This section provides two options regarding State 
use of these funds.
     One option requires the States to provide support for the 
alternative finance systems and device loan programs, and 
allows the funds to be used for device reutilization programs 
and device demonstration programs. If a State demonstrates that 
a sufficient State alternative financing system or device loan 
program already exists, it may use the funds for other 
allowable purposes. Up to 40% of the grant may be used for 
State leadership activities. With these funds, States must 
support public awareness, communication, information 
dissemination, and material distribution activities; as well as 
training and technical assistance activities. Funds may also be 
used for interagency coordination and indirect costs.
    The second option requires States to spend at least 70% of 
the funds on State level activities and no more than 30% on 
State leadership activities, but does not specify which 
individual State level activities must be supported. The same 
requirements apply for State leadership activities.
    This section also includes language capping the percentage 
of funds that may be used for indirect costs at 10% and 
prohibits the funds from being used as direct payment for an 
assistive technology device for an individual with a 
disability.
    Language in this section places a ceiling of $105,000 on 
the grants to outlying areas, outlays the formula by which each 
States' allotment is determined, prevents States from receiving 
less of an allotment than they received in fiscal year 2004, 
and allows for ratable reductions and increases.
    This section describes entities eligible to be designated a 
lead agency, describes the duties of a lead agency, and 
describes the process by which a change in lead agency is made.
    Lastly, language in this section requires the submission of 
a State application, which lists planned activities, measurable 
goals, a description of how individuals with disabilities of 
all ages and their families were involved in the goal 
development and achievement process, a description of State 
support activities, an assurance of locations being in 
compliance with the Americans with Disabilities Act of 1990, 
and other information.
    Section 5--Grants to States for Protection and Advocacy 
Related to Assistive Technology. Directs the Secretary to make 
grants to an entity in each State to support protection and 
advocacy services under the Developmental Disabilities 
Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq). 
Language places a ceiling of $30,000 on grants to outlying 
areas and to the American Indian Consortium. It also describes 
the formula for the general distribution of protection and 
advocacy funds, as well as the details regarding minimums, 
reallotment, and carryover. This section also requires entities 
receiving protection and advocacy funds to submit a report to 
the Secretary, reports and updates to State agencies, and 
requires the Secretary to solicit and consider the opinions of 
the State lead agency with respects to coordination and 
collaboration with the recipient entity in that State.
    Section 6--Administrative Provisions. Declares that the 
Rehabilitation Services Administration in the Office of Special 
Education and Rehabilitative Services of the Department of 
Education shall be responsible for the administration of this 
Act. This section requires the Secretary to: review 
participating entities; when necessary, provide technical 
assistance in developing a plan of corrective action; when 
necessary, administer sanctions; establish an appeals 
procedure; and prepare an annual report to the President, the 
Committee on Education and the Workforce in the House of 
Representatives, and the Committee on Health Education, Labor 
and Pensions in the Senate, after obtaining relevant 
information from the States. The report shall describe the 
actions taken among those listed above, the information on 
State level activities and State leadership activities 
mentioned in Section 4, and other detailed information. Lastly, 
language declares that activities under this Act do not allow 
the reduction or alteration of other services provided by 
States.
    Section 7--National Activities. Authorizes the Secretary, 
through grants, contracts, or cooperative agreements awarded on 
a competitive basis, to provide technical assistance to 
entities. The technical assistance shall, among other 
activities, establish a National Public Internet Site, created 
and maintained by an institution of higher education that 
emphasizes research and engineering, has a multidisciplinary 
research center, and demonstrates expertise in several 
assistive technology-related and other areas. Other technical 
assistance activities include assistance in addressing State-
specific information requests and assistance to targeted 
individuals through the dissemination of information. Language 
in this section also describes the characteristics of an entity 
eligible to provide technical assistance and requires entities 
to submit an application to the Secretary.
    Section 8--Authorization of Appropriations. Authorizes 
$21,524,000 for fiscal year 2005, and such sums as may be 
necessary for fiscal years 2006 through 2010 for sections 4 and 
7. This section reserves $4,419,000 for grants under Section 5 
for fiscal year 2005, and such sums for fiscal years 2006 
through 2010. The language also caps the authorization for 
section 7 at $1,235,000.

                       Explanation of Amendments

    The Amendment in the Nature of a Substitute is explained in 
the body of this report.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. This bill, H.R. 4278, the Improving Access to Assistive 
Technology for Individuals with Disabilities Act of 2004, 
enhances the Assistive Technology Act to provide assistance to 
States, improving their ability to provide assistive technology 
to individuals with disabilities. This bill does not prevent 
legislative branch employees from receiving the benefits of 
this legislation.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement of 
whether the provisions of the reported bill include unfunded 
mandates. H.R. 4278 the Improving Access to Assistive 
Technology for Individuals with Disabilities Act of 2004, 
enhances the Assistive Technology Act to provide assistance to 
States, improving their ability to provide assistive technology 
to individuals with disabilities. As such, the bill does not 
contain any unfunded mandates.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the body of this report.

   New Budget Authority and Congressional Budget Office Cost Estimate

     With respect to the requirements of clause 3(c)(2) of rule 
XIII of the House of Representatives and section 308(a) of the 
Congressional Budget Act of 1974 and with respect to 
requirements of 3(c)(3) of rule XIII of the House of 
Representatives and section 402 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for H.R. 4278 from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 27, 2004.
Hon. John A. Boehner,
Chairman, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4278, the 
Improving Access to Assistive Technology for Individuals with 
Disabilities Act of 2004.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Paul 
Cullinan.
            Sincerely,
                                         Elizabeth Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 4278--Improving Access to Assistive Technology for Individuals 
        with Disabilities Act of 2004

    Summary: H.R. 4278 would reauthorize an expiring grant 
program that provides states with funding to enhance access to 
assistive technology for individuals with disabilities. The 
legislation also would direct the Secretary of Education to 
make grants to support protection and advocacy services under 
the Developmental Disabilities Assistance and Bill of Rights 
Act. The bill would authorize the appropriation of $26 million 
in 2005 and such sums as may be necessary for the following 
five years. Appropriations of authorized amounts would result 
in additional outlays of $10 million in 2005 and $113 million 
over the 2005-2009 period. Enacting the bill would not affect 
direct spending or revenues.
    H.R. 4278 contains no intergovernmental or private-sector 
mandates as defined by the Unfunded Mandates Reform Act (UMRA). 
Any costs incurred by state governments would result from 
complying with conditions of aid.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4278 is shown in the following table. 
The costs of this legislation fall within budget function 500 
(education, training, employment, and social services).

----------------------------------------------------------------------------------------------------------------
                                                                        By fiscal year, in millions--
                                                           -----------------------------------------------------
                                                              2004     2005     2006     2007     2008     2009
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending for Assistive Technology Under Current Law:
    Budget Authority \1\..................................       26        0        0        0        0        0
    Estimated Outlays.....................................       33       16        5        0        0        0
Proposed Changes:
    State Grants for Assistive Technology and National
     Activities:
        Estimated Authorization Level.....................        0       22       22       22       23       23
        Estimated Outlays.................................        0        9       17       22       23       23
    State Grants for Protection and Advocacy:
        Estimated Authorization Level.....................        0        4        5        5        5        5
        Estimated Outlays.................................        0        2        4        5        5        5
    Total Changes:
        Estimated Authorization Level.....................        0       26       26       27       28       28
        Estimated Outlays.................................        0       10       21       27       27       28
Spending for Assistive Technology Under H.R. 4012:
    Estimated Authorization Level \1\.....................       26       26       26       27       28       28
    Estimated Outlays.....................................       33       26       26       27       27       28
----------------------------------------------------------------------------------------------------------------
\1\ The 2004 level is the amount appropriated for that year.

Notes.--Components may not sum to totals because of rounding.

    Basis of estimate: H.R. 4278 would reauthorize through 2010 
programs established under the Assistive Technology Act of 
1998. CBO assumes that H.R. 4278 would be enacted by October 1, 
2004, and that the necessary amounts will be appropriated for 
each year.

State Grants for the Purchase of Assistive Technology and Services

    The bill would reauthorize a grant program that helps 
states increase the access of individuals with disabilities to 
assistive technology devices and services. In addition, H.R. 
4278 would authorize the Secretary of Education to award grants 
on a competitive basis to provide technical assistance. These 
technical assistance activities would include the establishment 
of a National Public Internet Site, as well as assistance in 
information dissemination.
    The bill would authorize the appropriation of $21.5 million 
for these grants in 2005, and such sums as may be necessary 
through 2010. Assuming the appropriation of the authorized 
amounts, the resulting outlays would be $9 million in 2005, and 
$94 million over the 2005-2009 period.

State Grants for Protection and Advocacy Related to Assistive 
        Technology

    H.R. 4278 would direct the Secretary of Education to make 
grants to an entity in each state that would support the 
protection and advocacy services required under the 
Developmental Disabilities Assistance and Bill of Rights Act. 
Entities receiving grants would be required to submit reports 
to both the Secretary and the state on its activities.
    The bill would authorize the appropriation of $4.4 million 
in 2005 and such arms as may be necessary for next five years. 
Assuming the appropriation of the necessary amounts, CBO 
estimates those provisions would result in outlays of $2 
million in 2005 and $19 million over the 2005-2009 period.
    Intergovernmental and private-sector impact: H.R. 4278 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The bill would amend the Assistive Technology 
Act of 1998 to focus programs on directly providing assistance 
to the disabled rather than on establishing state 
administrative programs. CBO estimates that any costs to state, 
local, or tribal governments from these changes would not be 
significant and would result from complying with conditions of 
the federal grant program.
    Estimate prepared by: Federal Costs: Paul Cullinan; Impact 
on State, Local, and Tribal Governments: Sarah Puro; and Impact 
on the Private Sector: Meena Fernandes.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    In accordance with clause (3)(c) of House rule XIII, the 
goal of H.R. 4278 the Improving Access to Assistive Technology 
for Individuals with Disabilities Act of 2004, is to enhance 
the Assistive Technology Act to provide assistance to States, 
improving their ability to provide assistive technology to 
individuals with disabilities. The Committee expects the 
Department of Education to comply with H.R. 4278 and implement 
the changes to the law in accordance with the changes.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress in the 
Constitution to enact the law proposed by H.R. 4278. The 
Committee believes that the amendments made by this bill, which 
authorize appropriations for assistive technology to people 
with disabilities, are within Congress' authority under Article 
I, section 8, clause 1 of the Constitution.

                           Committee Estimate

    Clauses 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 4278. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                    ASSISTIVE TECHNOLOGY ACT OF 1998


AN ACT To support programs of grants to States to address the assistive 
   technology needs of individuals with disabilities, and for other 
                               purposes.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

[SECTION 1. 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 for this Act 
is as follows:
[Sec. 1. Short title; table of contents.
[Sec. 2. Findings and purposes.
[Sec. 3. Definitions and rule.

                     [TITLE I--STATE GRANT PROGRAMS

[Sec. 101. Continuity grants for States that received funding for a 
          limited period for technology-related assistance.
[Sec. 102. State grants for protection and advocacy related to assistive 
          technology.
[Sec. 103. Administrative provisions.
[Sec. 104. Technical assistance program.
[Sec. 105. Authorization of appropriations.

                     [TITLE II--NATIONAL ACTIVITIES

                 [Subtitle A--Rehabilitation Act of 1973

[Sec. 201. Coordination of Federal research efforts.
[Sec. 202. National Council on Disability.
[Sec. 203. Architectural and Transportation Barriers Compliance Board.

                 [Subtitle B--Other National Activities

[Sec. 211. Small business incentives.
[Sec. 212. Technology transfer and universal design.
[Sec. 213. Universal design in products and the built environment.
[Sec. 214. Outreach.
[Sec. 215. Training pertaining to rehabilitation engineers and 
          technicians.
[Sec. 216. President's Committee on Employment of People With 
          Disabilities.
[Sec. 217. Authorization of appropriations.

              [TITLE III--ALTERNATIVE FINANCING MECHANISMS

[Sec. 301. General authority.
[Sec. 302. Amount of grants.
[Sec. 303. Applications and procedures.
[Sec. 304. Contracts with community-based organizations.
[Sec. 305. Grant administration requirements.
[Sec. 306. Information and technical assistance.
[Sec. 307. Annual report.
[Sec. 308. Authorization of appropriations.

               [TITLE IV--REPEAL AND CONFORMING AMENDMENTS

[Sec. 401. Repeal.
[Sec. 402. Conforming amendments.

[SEC. 2. FINDINGS AND PURPOSES.

  [(a) Findings.--Congress finds the following:
          [(1) 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.
          [(2) Technology has become 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.
          [(3) 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 
        the more than 50,000,000 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 would 
        have profound implications for individuals with 
        disabilities in the United States.
          [(4) 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. Such devices 
        and adaptations increase the involvement of such 
        individuals in, and reduce expenditures associated 
        with, programs and activities such as early 
        intervention, education, rehabilitation and training, 
        employment, residential living, independent living, and 
        recreation programs and activities, and other aspects 
        of daily living.
          [(5) All States have comprehensive statewide programs 
        of technology-related assistance. Federal support for 
        such programs should continue, strengthening the 
        capacity of each State to assist individuals with 
        disabilities of all ages with their assistive 
        technology needs.
          [(6) Notwithstanding the efforts of such State 
        programs, there is still a lack of--
                  [(A) resources to pay for assistive 
                technology devices and assistive technology 
                services;
                  [(B) trained personnel to assist individuals 
                with disabilities to use such devices and 
                services;
                  [(C) information among targeted individuals 
                about the availability and potential benefit of 
                technology for individuals with disabilities;
                  [(D) outreach to underrepresented populations 
                and rural populations;
                  [(E) systems that ensure timely acquisition 
                and delivery of assistive technology devices 
                and assistive technology services;
                  [(F) coordination among State human services 
                programs, and between such programs and private 
                entities, particularly with respect to 
                transitions between such programs and entities; 
                and
                  [(G) capacity in such programs to provide the 
                necessary technology-related assistance.
          [(7) In the current technological environment, the 
        line of demarcation between assistive technology and 
        mainstream technology is becoming ever more difficult 
        to draw.
          [(8) Many individuals with disabilities cannot access 
        existing telecommunications and information 
        technologies and are at risk of not being able to 
        access developing technologies. The failure of Federal 
        and State governments, hardware manufacturers, software 
        designers, information systems managers, and 
        telecommunications service providers to account for the 
        specific needs of individuals with disabilities in the 
        design, manufacture, and procurement of 
        telecommunications and information technologies results 
        in the exclusion of such individuals from the use of 
        telecommunications and information technologies and 
        results in unnecessary costs associated with the 
        retrofitting of devices and product systems.
          [(9) There are insufficient incentives for Federal 
        contractors and other manufacturers of technology to 
        address the application of technology advances to meet 
        the needs of individuals with disabilities of all ages 
        for assistive technology devices and assistive 
        technology services.
          [(10) The use of universal design principles reduces 
        the need for many specific kinds of assistive 
        technology devices and assistive technology services by 
        building in accommodations for individuals with 
        disabilities before rather than after production. The 
        use of universal design principles also increases the 
        likelihood that products (including services) will be 
        compatible with existing assistive technologies. These 
        principles are increasingly important to enhance access 
        to information technology, telecommunications, 
        transportation, physical structures, and consumer 
        products. There are insufficient incentives for 
        commercial manufacturers to incorporate universal 
        design principles into the design and manufacturing of 
        technology products, including devices of daily living, 
        that could expand their immediate use by individuals 
        with disabilities of all ages.
          [(11) There are insufficient incentives for 
        commercial pursuit of the application of technology 
        devices to meet the needs of individuals with 
        disabilities, because of the perception that such 
        individuals constitute a limited market.
          [(12) At the Federal level, the Federal Laboratories, 
        the National Aeronautics and Space Administration, and 
        other similar entities do not recognize the value of, 
        or commit resources on an ongoing basis to, technology 
        transfer initiatives that would benefit, and especially 
        increase the independence of, individuals with 
        disabilities.
          [(13) At the Federal level, there is a lack of 
        coordination among agencies that provide or pay for the 
        provision of assistive technology devices and assistive 
        technology services. In addition, the Federal 
        Government does not provide adequate assistance and 
        information with respect to the quality and use of 
        assistive technology devices and assistive technology 
        services to targeted individuals.
          [(14) There are changes in the delivery of assistive 
        technology devices and assistive technology services, 
        including--
                  [(A) the impact of the increased prevalence 
                of managed care entities as payors for 
                assistive technology devices and assistive 
                technology services;
                  [(B) an increased focus on universal design;
                  [(C) the increased importance of assistive 
                technology in employment, as more individuals 
                with disabilities move from public assistance 
                to work through training and on-the-job 
                accommodations;
                  [(D) the role and impact that new 
                technologies have on how individuals with 
                disabilities will learn about, access, and 
                participate in programs or services that will 
                affect their lives; and
                  [(E) the increased role that 
                telecommunications play in education, 
                employment, health care, and social activities.
  [(b) Purposes.--The purposes of this Act are--
          [(1) to provide financial assistance to States to 
        undertake activities that assist each State in 
        maintaining and strengthening a permanent comprehensive 
        statewide program of technology-related assistance, for 
        individuals with disabilities of all ages, that is 
        designed to--
                  [(A) increase the availability of, funding 
                for, access to, and provision of, assistive 
                technology devices and assistive technology 
                services;
                  [(B) increase the active involvement of 
                individuals with disabilities and their family 
                members, guardians, advocates, and authorized 
                representatives, in the maintenance, 
                improvement, and evaluation of such a program;
                  [(C) 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;
                  [(D) increase the provision of outreach to 
                underrepresented populations and rural 
                populations, to enable the two populations to 
                enjoy the benefits of activities carried out 
                under this Act to the same extent as other 
                populations;
                  [(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)(i) increase the awareness of laws, 
                regulations, policies, practices, procedures, 
                and organizational structures, that facilitate 
                the availability or provision of assistive 
                technology devices and assistive technology 
                services; and
                  [(ii) facilitate the change of laws, 
                regulations, policies, practices, procedures, 
                and organizational structures, to obtain 
                increased availability or provision of 
                assistive technology devices and assistive 
                technology services;
                  [(G) increase the probability that 
                individuals with disabilities of all ages will, 
                to the extent appropriate, be able to secure 
                and maintain possession of assistive technology 
                devices as such individuals make the transition 
                between services offered by human service 
                agencies or between settings of daily living 
                (for example, between home and work);
                  [(H) enhance the skills and competencies of 
                individuals involved in providing assistive 
                technology devices and assistive technology 
                services;
                  [(I) increase awareness and knowledge of the 
                benefits of assistive technology devices and 
                assistive technology services among targeted 
                individuals;
                  [(J) increase the awareness of the needs of 
                individuals with disabilities of all ages for 
                assistive technology devices and for assistive 
                technology services; and
                  [(K) 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;
          [(2) to identify Federal policies that facilitate 
        payment for assistive technology devices and assistive 
        technology services, to identify those Federal policies 
        that impede such payment, and to eliminate 
        inappropriate barriers to such payment; and
          [(3) to enhance the ability of the Federal Government 
        to--
                  [(A) provide States with financial assistance 
                that supports--
                          [(i) information and public awareness 
                        programs relating to the provision of 
                        assistive technology devices and 
                        assistive technology services;
                          [(ii) improved interagency and 
                        public-private coordination, especially 
                        through new and improved policies, that 
                        result in increased availability of 
                        assistive technology devices and 
                        assistive technology services; and
                          [(iii) technical assistance and 
                        training in the provision or use of 
                        assistive technology devices and 
                        assistive technology services; and
                  [(B) fund national, regional, State, and 
                local targeted initiatives that promote 
                understanding of and access to assistive 
                technology devices and assistive technology 
                services for targeted individuals.

[SEC. 3. DEFINITIONS AND RULE.

  [(a) Definitions.--In this Act:
          [(1) Advocacy services.--The term ``advocacy 
        services'', except as used as part of the term 
        ``protection and advocacy services'', means services 
        provided to assist individuals with disabilities and 
        their family members, guardians, advocates, and 
        authorized representatives in accessing assistive 
        technology devices and assistive technology services.
          [(2) Assistive technology.--The term ``assistive 
        technology'' means technology designed to be utilized 
        in an assistive technology device or assistive 
        technology service.
          [(3) 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.
          [(4) 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) services consisting of purchasing, 
                leasing, or otherwise providing for the 
                acquisition of assistive technology devices by 
                individuals with disabilities;
                  [(C) services consisting of selecting, 
                designing, fitting, customizing, adapting, 
                applying, maintaining, repairing, or replacing 
                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 disabilities, or, where 
                appropriate, the family members, guardians, 
                advocates, or authorized representatives of 
                such an individual; and
                  [(F) training or technical assistance for 
                professionals (including individuals providing 
                education and rehabilitation services), 
                employers, or other individuals who provide 
                services to, employ, or are otherwise 
                substantially involved in the major life 
                functions of individuals with disabilities.
          [(5) 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.
          [(6) 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.
          [(7) 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
                          [(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 advocacy, capacity 
                                building, and capacity building 
                                and advocacy activities.
          [(8) 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.
          [(9) 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 one individual with a disability.
          [(10) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning 
        given such term in section 1201(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1141(a)), and includes 
        a community college receiving funding under the 
        Tribally Controlled Community College Assistance Act of 
        1978 (25 U.S.C. 1801 et seq.).
          [(11) Protection and advocacy services.--The term 
        ``protection and advocacy services'' means services 
        that--
                  [(A) are described in subtitle C of the 
                Developmental Disabilities Assistance and Bill 
                of Rights Act of 2000, the Protection and 
                Advocacy for Mentally Ill Individuals Act of 
                1986 (42 U.S.C. 10801 et seq.), or section 509 
                of the Rehabilitation Act of 1973; and
                  [(B) assist individuals with disabilities 
                with respect to assistive technology devices 
                and assistive technology services.
          [(12) Secretary.--The term ``Secretary'' means the 
        Secretary of Education.
          [(13) State.--
                  [(A) In general.--Except as provided in 
                subparagraph (B) and section 302, the term 
                ``State'' means each of the several States of 
                the United States, the District of Columbia, 
                the Commonwealth of Puerto Rico, the United 
                States Virgin Islands, Guam, American Samoa, 
                and the Commonwealth of the Northern Mariana 
                Islands.
                  [(B) Outlying areas.--In sections 101(c) and 
                102(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.
          [(14) Targeted individuals.--The term ``targeted 
        individuals'' means--
                  [(A) individuals with disabilities of all 
                ages and their family members, guardians, 
                advocates, and authorized representatives;
                  [(B) individuals who work for public or 
                private entities (including insurers or managed 
                care providers), that have contact with 
                individuals with disabilities;
                  [(C) educators and related services 
                personnel;
                  [(D) technology experts (including 
                engineers);
                  [(E) health and allied health professionals;
                  [(F) employers; and
                  [(G) other appropriate individuals and 
                entities.
          [(15) Technology-related assistance.--The term 
        ``technology-related assistance'' means assistance 
        provided through capacity building and advocacy 
        activities that accomplish the purposes described in 
        any of subparagraphs (A) through (K) of section 
        2(b)(1).
          [(16) 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.
          [(17) 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 usable (without requiring assistive 
        technologies) and products and services that are made 
        usable with assistive technologies.
  [(b) References.--References in this Act to a provision of 
the Technology-Related Assistance for Individuals With 
Disabilities Act of 1988 shall be considered to be references 
to such provision as in effect on the day before the date of 
enactment of this Act.

                     [TITLE I--STATE GRANT PROGRAMS

[SEC. 101. CONTINUITY GRANTS FOR STATES THAT RECEIVED FUNDING FOR A 
                    LIMITED PERIOD FOR TECHNOLOGY-RELATED ASSISTANCE.

  [(a) Grants to States.--
          [(1) In general.--The Secretary shall award grants, 
        in accordance with this section, to eligible States to 
        support capacity building and advocacy activities, 
        designed to assist the States in maintaining permanent 
        comprehensive statewide programs of technology-related 
        assistance that accomplish the purposes described in 
        section 2(b)(1).
          [(2) Eligible states.--To be eligible to receive a 
        grant under this section a State shall be a State that 
        received grants for less than 10 years under title I of 
        the Technology-Related Assistance for Individuals With 
        Disabilities Act of 1988.
  [(b) Use of Funds.--
          [(1) In general.--Any State that receives a grant 
        under this section shall use the funds made available 
        through the grant to carry out the activities described 
        in paragraph (2) and may use the funds to carry out the 
        activities described in paragraph (3).
          [(2) Required activities.--
                  [(A) Public awareness program.--
                          [(i) In general.--The State shall 
                        support a public awareness program 
                        designed to provide information to 
                        targeted individuals relating to the 
                        availability and benefits of assistive 
                        technology devices and assistive 
                        technology services.
                          [(ii) Link.--Such a public awareness 
                        program shall have an electronic link 
                        to the National Public Internet Site 
                        authorized under section 104(c)(1).
                          [(iii) Contents.--The public 
                        awareness program may include--
                                  [(I) the development and 
                                dissemination of information 
                                relating to--
                                          [(aa) the nature of 
                                        assistive technology 
                                        devices and assistive 
                                        technology services;
                                          [(bb) the 
                                        appropriateness of, 
                                        cost of, availability 
                                        of, evaluation of, and 
                                        access to, assistive 
                                        technology devices and 
                                        assistive technology 
                                        services; and
                                          [(cc) 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;
                                  [(II) the development of 
                                procedures for providing direct 
                                communication between providers 
                                of assistive technology and 
                                targeted individuals; and
                                  [(III) the development and 
                                dissemination, to targeted 
                                individuals, of information 
                                about State efforts related to 
                                assistive technology.
                  [(B) Interagency coordination.--
                          [(i) In general.--The State shall 
                        develop and promote the adoption of 
                        policies that improve access to 
                        assistive technology devices and 
                        assistive technology services for 
                        individuals with disabilities of all 
                        ages in the State and that result in 
                        improved coordination among public and 
                        private entities that are responsible 
                        or have the authority to be 
                        responsible, for policies, procedures, 
                        or funding for, or the provision of 
                        assistive technology devices and 
                        assistive technology services to, such 
                        individuals.
                          [(ii) Appointment to certain 
                        information technology panels.--The 
                        State shall appoint the director of the 
                        lead agency described in subsection (d) 
                        or the designee of the director, to any 
                        committee, council, or similar 
                        organization created by the State to 
                        assist the State in the development of 
                        the information technology policy of 
                        the State.
                          [(iii) Coordination activities.--The 
                        development and promotion described in 
                        clause (i) may include support for--
                                  [(I) policies that result in 
                                improved coordination, 
                                including coordination between 
                                public and private entities--
                                          [(aa) in the 
                                        application of Federal 
                                        and State policies;
                                          [(bb) in the use of 
                                        resources and services 
                                        relating to the 
                                        provision of assistive 
                                        technology devices and 
                                        assistive technology 
                                        services, including the 
                                        use of interagency 
                                        agreements; and
                                          [(cc) in the 
                                        improvement of access 
                                        to assistive technology 
                                        devices and assistive 
                                        technology services for 
                                        individuals with 
                                        disabilities of all 
                                        ages in the State;
                                  [(II) convening interagency 
                                work groups, involving public 
                                and private entities, to 
                                identify, create, or expand 
                                funding options, and coordinate 
                                access to funding, for 
                                assistive technology devices 
                                and assistive technology 
                                services for individuals with 
                                disabilities of all ages; or
                                  [(III) documenting and 
                                disseminating information about 
                                interagency activities that 
                                promote coordination, including 
                                coordination between public and 
                                private entities, with respect 
                                to assistive technology devices 
                                and assistive technology 
                                services.
                  [(C) Technical assistance and training.--The 
                State shall carry out directly, or provide 
                support to public or private entities to carry 
                out, technical assistance and training 
                activities for targeted individuals, 
                including--
                          [(i) the development and 
                        implementation of laws, regulations, 
                        policies, practices, procedures, or 
                        organizational structures that promote 
                        access to assistive technology devices 
                        and assistive technology services for 
                        individuals with disabilities in 
                        education, health care, employment, and 
                        community living contexts, and in other 
                        contexts such as the use of 
                        telecommunications;
                          [(ii)(I) the development of training 
                        materials and the conduct of training 
                        in the use of assistive technology 
                        devices and assistive technology 
                        services; and
                          [(II) the provision of technical 
                        assistance, including technical 
                        assistance concerning how--
                                  [(aa) to consider the needs 
                                of an individual with a 
                                disability for assistive 
                                technology devices and 
                                assistive technology services 
                                in developing any 
                                individualized plan or program 
                                authorized under Federal or 
                                State law;
                                  [(bb) the rights of targeted 
                                individuals to assistive 
                                technology devices and 
                                assistive technology services 
                                are addressed under laws other 
                                than this Act, to promote 
                                fuller independence, 
                                productivity, and inclusion in 
                                and integration into society of 
                                such individuals; or
                                  [(cc) to increase consumer 
                                participation in the 
                                identification, planning, use, 
                                delivery, and evaluation of 
                                assistive technology devices 
                                and assistive technology 
                                services; and
                          [(iii) the enhancement of the 
                        assistive technology skills and 
                        competencies of--
                                  [(I) individuals who work for 
                                public or private entities 
                                (including insurers and managed 
                                care providers), who have 
                                contact with individuals with 
                                disabilities;
                                  [(II) educators and related 
                                services personnel;
                                  [(III) technology experts 
                                (including engineers);
                                  [(IV) health and allied 
                                health professionals;
                                  [(V) employers; and
                                  [(VI) other appropriate 
                                personnel.
                  [(D) Outreach.--The State shall provide 
                support to statewide and community-based 
                organizations that provide assistive technology 
                devices and assistive technology services to 
                individuals with disabilities or that assist 
                individuals with disabilities in using 
                assistive technology devices and assistive 
                technology services, including a focus on 
                organizations assisting individuals from 
                underrepresented populations and rural 
                populations. Such support may include outreach 
                to consumer organizations and groups in the 
                State to coordinate efforts to assist 
                individuals with disabilities of all ages and 
                their family members, guardians, advocates, or 
                authorized representatives, to obtain funding 
                for, access to, and information on evaluation 
                of assistive technology devices and assistive 
                technology services.
          [(3) Discretionary activities.--
                  [(A) Alternative state-financed systems.--The 
                State may support activities to increase access 
                to, and funding for, assistive technology 
                devices and assistive technology services, 
                including--
                          [(i) the development of systems that 
                        provide assistive technology devices 
                        and assistive technology services to 
                        individuals with disabilities of all 
                        ages, and that pay for such devices and 
                        services, such as--
                                  [(I) the development of 
                                systems for the purchase, 
                                lease, other acquisition, or 
                                payment for the provision, of 
                                assistive technology devices 
                                and assistive technology 
                                services; or
                                  [(II) the establishment of 
                                alternative State or privately 
                                financed systems of subsidies 
                                for the provision of assistive 
                                technology devices and 
                                assistive technology services, 
                                such as--
                                          [(aa) a low-interest 
                                        loan fund;
                                          [(bb) an interest 
                                        buy-down program;
                                          [(cc) a revolving 
                                        loan fund;
                                          [(dd) a loan 
                                        guarantee or insurance 
                                        program;
                                          [(ee) a program 
                                        operated by a 
                                        partnership among 
                                        private entities for 
                                        the purchase, lease, or 
                                        other acquisition of 
                                        assistive technology 
                                        devices or assistive 
                                        technology services; or
                                          [(ff) another 
                                        mechanism that meets 
                                        the requirements of 
                                        title III and is 
                                        approved by the 
                                        Secretary;
                          [(ii) the short-term loan of 
                        assistive technology devices to 
                        individuals, employers, public 
                        agencies, or public accommodations 
                        seeking strategies to comply with 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); or
                          [(iii) the maintenance of information 
                        about, and recycling centers for, the 
                        redistribution of assistive technology 
                        devices and equipment, which may 
                        include redistribution through device 
                        and equipment loans, rentals, or gifts.
                  [(B) Demonstrations.--The State, in 
                collaboration with other entities in 
                established, recognized community settings 
                (such as nonprofit organizations, libraries, 
                schools, community-based employer 
                organizations, churches, and entities operating 
                senior citizen centers, shopping malls, and 
                health clinics), may demonstrate assistive 
                technology devices in settings where targeted 
                individuals can see and try out assistive 
                technology devices, and learn more about the 
                devices from personnel who are familiar with 
                such devices and their applications or can be 
                referred to other entities who have information 
                on the devices.
                  [(C) Options for securing devices and 
                services.--The State, through public agencies 
                or nonprofit organizations, may support 
                assistance to individuals with disabilities and 
                their family members, guardians, advocates, and 
                authorized representatives about options for 
                securing assistive technology devices and 
                assistive technology services that would meet 
                individual needs for such assistive technology 
                devices and assistive technology services. Such 
                assistance shall not include direct payment for 
                an assistive technology device.
                  [(D) Technology-related information.--
                          [(i) In general.--The State may 
                        operate and expand a system for public 
                        access to information concerning an 
                        activity carried out under another 
                        paragraph of this subsection, including 
                        information about assistive technology 
                        devices and assistive technology 
                        services, funding sources and costs of 
                        such devices and services, and 
                        individuals, organizations, and 
                        agencies capable of carrying out such 
                        an activity for individuals with 
                        disabilities. The system shall be part 
                        of, and complement the information that 
                        is available through a link to, the 
                        National Public Internet Site described 
                        in section 104(c)(1).
                          [(ii) Access.--Access to the system 
                        may be provided through community-based 
                        locations, including public libraries, 
                        centers for independent living (as 
                        defined in section 702 of the 
                        Rehabilitation Act of 1973), locations 
                        of community rehabilitation programs 
                        (as defined in section 7 of such Act), 
                        schools, senior citizen centers, State 
                        vocational rehabilitation offices, 
                        other State workforce offices, and 
                        other locations frequented or used by 
                        the public.
                          [(iii) Information collection and 
                        preparation.--In operating or expanding 
                        a system described in subparagraph (A), 
                        the State may--
                                  [(I) develop, compile, and 
                                categorize print, large print, 
                                braille, audio, and video 
                                materials, computer disks, 
                                compact discs (including 
                                compact discs formatted with 
                                read-only memory), information 
                                in alternative formats that can 
                                be used in telephone-based 
                                information systems, and 
                                materials using such other 
                                media as technological 
                                innovation may make 
                                appropriate;
                                  [(II) identify and classify 
                                funding sources for obtaining 
                                assistive technology devices 
                                and assistive technology 
                                services, and the conditions of 
                                and criteria for access to such 
                                sources, including any funding 
                                mechanisms or strategies 
                                developed by the State;
                                  [(III) identify support 
                                groups and systems designed to 
                                help individuals with 
                                disabilities make effective use 
                                of an activity carried out 
                                under another paragraph of this 
                                subsection, including groups 
                                that provide evaluations of 
                                assistive technology devices 
                                and assistive technology 
                                services; and
                                  [(IV) maintain a record of 
                                the extent to which citizens of 
                                the State use or make inquiries 
                                of the system established in 
                                clause (i), and of the nature 
                                of such inquiries.
                  [(E) Interstate activities.--
                          [(i) In general.--The State may enter 
                        into cooperative agreements with other 
                        States to expand the capacity of the 
                        States involved to assist individuals 
                        with disabilities of all ages to learn 
                        about, acquire, use, maintain, adapt, 
                        and upgrade assistive technology 
                        devices and assistive technology 
                        services that such individuals need at 
                        home, at school, at work, or in other 
                        environments that are part of daily 
                        living.
                          [(ii) Electronic communication.--The 
                        State may operate or participate in an 
                        electronic information exchange through 
                        which the State may communicate with 
                        other States to gain technical 
                        assistance in a timely fashion and to 
                        avoid the duplication of efforts 
                        already undertaken in other States.
                  [(F) Partnerships and cooperative 
                initiatives.--The State may support 
                partnerships and cooperative initiatives 
                between the public sector and the private 
                sector to promote greater participation by 
                business and industry in--
                          [(i) the development, demonstration, 
                        and dissemination of assistive 
                        technology devices; and
                          [(ii) the ongoing provision of 
                        information about new products to 
                        assist individuals with disabilities.
                  [(G) Expenses.--The State may pay for 
                expenses, including travel expenses, and 
                services, including services of qualified 
                interpreters, readers, and personal care 
                assistants, that may be necessary to ensure 
                access to the comprehensive statewide program 
                of technology-related assistance by individuals 
                with disabilities who are determined by the 
                State to be in financial need and not eligible 
                for such payments or services through another 
                public agency or private entity.
                  [(H) Advocacy services.--The State may 
                provide advocacy services.
  [(c) Amount of Financial Assistance.--
          [(1) Grants to outlying areas.--From the funds 
        appropriated under section 105(a) and reserved under 
        section 105(b)(1)(A) for any fiscal year for grants 
        under this section, the Secretary shall make a grant in 
        an amount of not more than $105,000 to each eligible 
        outlying area.
          [(2) Grants to states.--From the funds described in 
        paragraph (1) that are not used to make grants under 
        paragraph (1), the Secretary shall make grants to 
        States in accordance with the requirements described in 
        paragraph (3).
          [(3) Calculation of state grants.--
                  [(A) Calculations for grants in the second or 
                third year of a second extension grant.--For 
                any fiscal year, the Secretary shall calculate 
                the amount of a grant under paragraph (2) for 
                each eligible State that would be in the second 
                or third year of a second extension grant made 
                under section 103 of the Technology-Related 
                Assistance for Individuals With Disabilities 
                Act of 1988, if that Act had been reauthorized 
                for that fiscal year.
                  [(B) Calculations for grants in the fourth or 
                fifth year of a second extension grant.--
                          [(i) Fourth year.--An eligible State 
                        that would have been in the fourth year 
                        of a second extension grant made under 
                        section 103 of the Technology-Related 
                        Assistance for Individuals With 
                        Disabilities Act of 1988 during a 
                        fiscal year, if that Act had been 
                        reauthorized for that fiscal year, 
                        shall receive under paragraph (2) a 
                        grant in an amount equal to 75 percent 
                        of the funding that the State received 
                        in the prior fiscal year under section 
                        103 of that Act or under this section, 
                        as appropriate.
                          [(ii) Fifth year.--An eligible State 
                        that would have been in the fifth year 
                        of a second extension grant made under 
                        section 103 of the Technology-Related 
                        Assistance for Individuals With 
                        Disabilities Act of 1988 during a 
                        fiscal year, if that Act had been 
                        reauthorized for that fiscal year, 
                        shall receive under paragraph (2) a 
                        grant in an amount equal to 50 percent 
                        of the funding that the State received 
                        in the third year of a second extension 
                        grant under section 103 of that Act or 
                        under this section, as appropriate.
                  [(C) Prohibition on funds after fifth year of 
                a second extension grant.--Except as provided 
                in subsection (f), an eligible State that would 
                have been in the fifth year of a second 
                extension grant made under section 103 of the 
                Technology-Related Assistance for Individuals 
                With Disabilities Act of 1988 during a fiscal 
                year, if that Act had been reauthorized for 
                that fiscal year, may not receive any Federal 
                funds under this title for any fiscal year 
                after such fiscal year.
                  [(D) Additional states.--
                          [(i) In general.--For purposes of 
                        this paragraph, the Secretary shall 
                        treat a State described in clause 
                        (ii)--
                                  [(I) for fiscal years 1999 
                                through 2001, as if the State 
                                were a State described in 
                                subparagraph (A); and
                                  [(II) for fiscal year 2002 or 
                                2003, as if the State were a 
                                State described in clause (i) 
                                or (ii), respectively, of 
                                subparagraph (B).
                          [(ii) State.--A State referred to in 
                        clause (i) shall be a State that--
                                  [(I) in fiscal year 1998, was 
                                in the second year of an 
                                initial extension grant made 
                                under section 103 of the 
                                Technology-Related Assistance 
                                for Individuals With 
                                Disabilities Act of 1988; and
                                  [(II) meets such terms and 
                                conditions as the Secretary 
                                shall determine to be 
                                appropriate.
  [(d) Lead Agency.--
          [(1) Identification.--
                  [(A) In general.--To be eligible to receive a 
                grant under this section, a State shall 
                designate a lead agency to carry out 
                appropriate State functions under this section. 
                The lead agency shall be the current agency (as 
                of the date of submission of the application 
                supplement described in subsection (e)) 
                administering the grant awarded to the State 
                for fiscal year 1998 under title I of the 
                Technology-Related Assistance for Individuals 
                With Disabilities Act of 1988, except as 
                provided in subparagraph (B).
                  [(B) Change in agency.--The Governor may 
                change the lead agency if the Governor shows 
                good cause to the Secretary why the designated 
                lead agency should be changed, in the 
                application supplement described in subsection 
                (e), and obtains approval of the supplement.
          [(2) Duties of the lead agency.--The duties of the 
        lead agency shall include--
                  [(A) submitting the application supplement 
                described in subsection (e) on behalf of the 
                State;
                  [(B) administering and supervising the use of 
                amounts made available under the grant received 
                by the State under this section;
                  [(C)(i) coordinating efforts related to, and 
                supervising the preparation of, the application 
                supplement described in subsection (e);
                  [(ii) continuing the coordination of the 
                maintenance and evaluation of the comprehensive 
                statewide program of technology-related 
                assistance among public agencies and between 
                public agencies and private entities, including 
                coordinating efforts related to entering into 
                interagency agreements; and
                  [(iii) continuing the coordination of 
                efforts, especially efforts carried out with 
                entities that provide protection and advocacy 
                services described in section 102, 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 under the grant; and
                  [(D) the delegation, in whole or in part, of 
                any responsibilities described in subparagraph 
                (A), (B), or (C) to one or more appropriate 
                offices, agencies, entities, or individuals.
  [(e) Application Supplement.--
          [(1) Submission.--Any State that desires to receive a 
        grant under this section shall submit to the Secretary 
        an application supplement to the application the State 
        submitted under section 103 of the Technology-Related 
        Assistance for Individuals With Disabilities Act of 
        1988, at such time, in such manner, and for such period 
        as the Secretary may specify, that contains the 
        following information:
                  [(A) Goals and activities.--A description 
                of--
                          [(i) the goals the State has set, for 
                        addressing the assistive technology 
                        needs of individuals with disabilities 
                        in the State, including any related 
                        to--
                                  [(I) health care;
                                  [(II) education;
                                  [(III) employment, including 
                                goals involving the State 
                                vocational rehabilitation 
                                program carried out under title 
                                I of the Rehabilitation Act of 
                                1973;
                                  [(IV) telecommunication and 
                                information technology; or
                                  [(V) community living; and
                          [(ii) the activities the State will 
                        undertake to achieve such goals, in 
                        accordance with the requirements of 
                        subsection (b).
                  [(B) Measures of goal achievement.--A 
                description of how the State will measure 
                whether the goals set by the State have been 
                achieved.
                  [(C) Involvement of individuals with 
                disabilities of all ages and their families.--A 
                description of how individuals with 
                disabilities of all ages and their families--
                          [(i) were involved in selecting--
                                  [(I) the goals;
                                  [(II) the activities to be 
                                undertaken in achieving the 
                                goals; and
                                  [(III) the measures to be 
                                used in judging if the goals 
                                have been achieved; and
                          [(ii) will be involved in measuring 
                        whether the goals have been achieved.
                  [(D) Redesignation of the lead agency.--If 
                the Governor elects to change the lead agency, 
                the following information:
                          [(i) With regard to the original lead 
                        agency, a description of the 
                        deficiencies of the agency.
                          [(ii) With regard to the new lead 
                        agency, a description of--
                                  [(I) the capacity of the new 
                                lead agency to administer and 
                                conduct activities described in 
                                subsection (b) and this 
                                paragraph; and
                                  [(II) the procedures that the 
                                State will implement to avoid 
                                the deficiencies, described in 
                                clause (i), of the original 
                                lead agency.
                          [(iii) Information identifying which 
                        agency prepared the application 
                        supplement.
          [(2) Interim status of state obligations.--Except as 
        provided in subsection (f)(2), when the Secretary 
        notifies a State that the State shall submit the 
        application supplement to the application the State 
        submitted under section 103 of the Technology-Related 
        Assistance for Individuals With Disabilities Act of 
        1988, the Secretary shall specify in the notification 
        the time period for which the application supplement 
        shall apply, consistent with paragraph (4).
          [(3) Continuing obligations.--Each State that 
        receives a grant under this section shall continue to 
        abide by the assurances the State made in the 
        application the State submitted under section 103 of 
        the Technology-Related Assistance for Individuals With 
        Disabilities Act of 1988 and continue to comply with 
        reporting requirements under that Act.
          [(4) Duration of application supplement.--
                  [(A) Determination.--The Secretary shall 
                determine and specify to the State the time 
                period for which the application supplement 
                shall apply, in accordance with subparagraph 
                (B).
                  [(B) Limit.--Such time period for any State 
                shall not extend beyond the year that would 
                have been the fifth year of a second extension 
                grant made for that State under section 103 of 
                the Technology-Related Assistance for 
                Individuals With Disabilities Act of 1988, if 
                the Act had been reauthorized through that 
                year.
  [(f) Extension of Funding.--
          [(1) In general.--In the case of a State that was in 
        the fifth year of a second extension grant in fiscal 
        year 1998 or is in the fifth year of a second extension 
        grant in any of the fiscal years 1999 through 2004 made 
        under section 103 of the Technology-Related Assistance 
        for Individuals With Disabilities Act of 1988, or made 
        under this section, as appropriate, the Secretary may, 
        in the discretion of the Secretary, award a 3-year 
        extension of the grant to such State if the State 
        submits an application supplement under subsection (e) 
        and meets other related requirements for a State 
        seeking a grant under this section.
          [(2) Amount.--A State that receives an extension of a 
        grant under paragraph (1), shall receive through the 
        grant, for each of fiscal years of the extension of the 
        grant, an amount equivalent to the amount the State 
        received for the fifth year of a second extension grant 
        made under section 103 of the Technology-Related 
        Assistance for Individuals With Disabilities Act of 
        1988, or made under this section, as appropriate, from 
        funds appropriated under section 105(a) and reserved 
        under section 105(b)(1)(A) for grants under this 
        section.
          [(3) Limitation.--A State may not receive amounts 
        under an extension of a grant under paragraph (1) after 
        September 30, 2004.

[SEC. 102. STATE GRANTS FOR PROTECTION AND ADVOCACY RELATED TO 
                    ASSISTIVE TECHNOLOGY.

  [(a) Grants to States.--
          [(1) In general.--On the appropriation of funds under 
        section 105, the Secretary shall make a grant to an 
        entity in each State to support protection and advocacy 
        services through the systems established to provide 
        protection and advocacy services under the 
        Developmental Disabilities Assistance and Bill of 
        Rights Act of 2000 for the purposes of assisting in the 
        acquisition, utilization, or maintenance of assistive 
        technology or assistive technology services for 
        individuals with disabilities.
          [(2) Certain states.--Notwithstanding paragraph (1), 
        for a State that, on the day before the date of 
        enactment of this Act, was described in section 
        102(f)(1) of the Technology-Related Assistance for 
        Individuals With Disabilities Act of 1988, the 
        Secretary shall make the grant to the lead agency 
        designated under section 101(d). The lead agency shall 
        determine how the funds made available under this 
        section shall be divided among the entities that were 
        providing protection and advocacy services in that 
        State on that day, and distribute the funds to the 
        entities. In distributing the funds, the lead agency 
        shall not establish any further eligibility or 
        procedural requirements for an entity in that State 
        that supports protection and advocacy services through 
        the systems established to provide protection and 
        advocacy services under the Developmental Disabilities 
        Assistance and Bill of Rights Act of 2000. Such an 
        entity shall comply with the same requirements 
        (including reporting and enforcement requirements) as 
        any other entity that receives funding under paragraph 
        (1).
          [(3) Periods.--The Secretary shall provide assistance 
        through such a grant to a State for 6 years.
  [(b) Amount of Financial Assistance.--
          [(1) Grants to outlying areas.--From the funds 
        appropriated under section 105(a) and reserved under 
        section 105(b)(1)(A) for any fiscal year, the Secretary 
        shall make a grant in an amount of not more than 
        $30,000 to each eligible system within an outlying 
        area.
          [(2) Grants to states.--For any fiscal year, after 
        reserving funds to make grants under paragraph (1), the 
        Secretary shall make allotments from the remainder of 
        the funds described in paragraph (1) in accordance with 
        paragraph (3) to eligible systems within States to 
        support protection and advocacy services as described 
        in subsection (a). The Secretary shall make grants to 
        the eligible systems from the allotments.
          [(3) Systems within states.--
                  [(A) Population basis.--Except as provided in 
                subparagraph (B), from such remainder for each 
                fiscal year, the Secretary shall make an 
                allotment to the eligible system within a State 
                of an amount bearing the same ratio to such 
                remainder as the population of the State bears 
                to the population of all States.
                  [(B) Minimums.--Subject to the availability 
                of appropriations to carry out this section, 
                the allotment to any system under subparagraph 
                (A) shall be not less than $50,000, and the 
                allotment to any system under this paragraph 
                for any fiscal year that is less than $50,000 
                shall be increased to $50,000.
          [(4) Reallotment.--Whenever the Secretary determines 
        that any amount of an allotment under paragraph (3) to 
        a system within a State for any fiscal year will not be 
        expended by such system in carrying out the provisions 
        of this section, the Secretary shall make such amount 
        available for carrying out the provisions of this 
        section to one or more of the systems that the 
        Secretary determines will be able to use additional 
        amounts during such year for carrying out such 
        provisions. Any amount made available to a system for 
        any fiscal year pursuant to the preceding sentence 
        shall, for the purposes of this section, be regarded as 
        an increase in the allotment of the system (as 
        determined under the preceding provisions of this 
        section) for such year.
  [(c) Report to Secretary.--An entity that 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 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 and assistive technology services for 
        individuals with disabilities;
          [(4) developing and implementing strategies to 
        enhance the long-term abilities of individuals with 
        disabilities and their family members, guardians, 
        advocates, and authorized representatives to advocate 
        the provision of assistive technology devices and 
        assistive technology services to which the individuals 
        with disabilities are entitled under law other than 
        this Act; and
          [(5) coordinating activities with protection and 
        advocacy services funded through sources other than 
        this title, and coordinating activities with the 
        capacity building and advocacy activities carried out 
        by the lead agency.
  [(d) Reports and Updates to State Agencies.--An entity that 
receives a grant under this section shall prepare and submit to 
the lead agency the report described in subsection (c) and 
quarterly updates concerning the activities described in 
subsection (c).
  [(e) Coordination.--On making a grant under this section to 
an entity in a State, the Secretary shall solicit and consider 
the opinions of the lead agency of the State designated under 
section 101(d) with respect to efforts at coordination, 
collaboration, and promoting outcomes between the lead agency 
and the entity that receives the grant under this section.

[SEC. 103. ADMINISTRATIVE PROVISIONS.

  [(a) Review of Participating Entities.--
          [(1) In general.--The Secretary shall assess the 
        extent to which entities that receive grants pursuant 
        to this title are complying with the applicable 
        requirements of this title and achieving the goals that 
        are consistent with the requirements of the grant 
        programs under which the entities applied for the 
        grants.
          [(2) Onsite visits of states receiving certain 
        grants.--
                  [(A) In general.--The Secretary shall conduct 
                an onsite visit for each State that receives a 
                grant under section 101 and that would have 
                been in the third or fourth year of a second 
                extension grant under the Technology-Related 
                Assistance for Individuals With Disabilities 
                Act of 1988 if that Act had been reauthorized 
                for that fiscal year, prior to the end of that 
                year.
                  [(B) Unnecessary visits.--The Secretary shall 
                not be required to conduct a visit of a State 
                described in subparagraph (A) if the Secretary 
                determines that the visit is not necessary to 
                assess whether the State is making significant 
                progress toward development and implementation 
                of a comprehensive statewide program of 
                technology-related assistance.
          [(3) Advance public notice.--The Secretary shall 
        provide advance public notice of an onsite visit 
        conducted under paragraph (2) and solicit public 
        comment through such notice from targeted individuals, 
        regarding State goals and related activities to achieve 
        such goals funded through a grant made under section 
        101.
          [(4) Minimum requirements.--At a minimum, the visit 
        shall allow the Secretary to determine the extent to 
        which the State is making progress in meeting State 
        goals and maintaining a comprehensive statewide program 
        of technology-related assistance consistent with the 
        purposes described in section 2(b)(1).
          [(5) 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.
  [(b) Corrective Action and Sanctions.--
          [(1) Corrective action.--If the Secretary determines 
        that an entity fails to substantially comply with the 
        requirements of this title with respect to a grant 
        program, the Secretary shall assist the entity through 
        technical assistance funded under section 104 or other 
        means, within 90 days after such determination, to 
        develop a corrective action plan.
          [(2) Sanctions.--An entity that fails to develop and 
        comply with a corrective action plan as described in 
        paragraph (1) during a fiscal year shall be subject to 
        one of the following corrective actions selected by the 
        Secretary:
                  [(A) Partial or complete fund termination 
                under the grant program.
                  [(B) Ineligibility to participate in the 
                grant program in the following year.
                  [(C) Reduction in funding for the following 
                year under the grant program.
                  [(D) Required redesignation of the lead 
                agency designated under section 101(d) or an 
                entity responsible for administering the grant 
                program.
          [(3) Appeals procedures.--The Secretary shall 
        establish appeals procedures for entities that are 
        found to be in noncompliance with the requirements of 
        this title.
  [(c) Annual Report.--
          [(1) In general.--Not later than December 31 of each 
        year, the Secretary shall prepare, and submit to the 
        President and to Congress, 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 information 
        on--
                  [(A) the demonstrated successes of the funded 
                activities in improving interagency 
                coordination relating to assistive technology, 
                streamlining access to funding for assistive 
                technology, and producing beneficial outcomes 
                for users of assistive technology;
                  [(B) the demonstration activities carried out 
                through the funded activities to--
                          [(i) promote access to such funding 
                        in public programs that were in 
                        existence on the date of the initiation 
                        of the demonstration activities; and
                          [(ii) establish additional options 
                        for obtaining such funding;
                  [(C) the education and training activities 
                carried out through the funded activities to 
                educate and train targeted individuals about 
                assistive technology, including increasing 
                awareness of funding through public programs 
                for assistive technology;
                  [(D) the research activities carried out 
                through the funded activities to improve 
                understanding of the costs and benefits of 
                access to assistive technology for individuals 
                with disabilities who represent a variety of 
                ages and types of disabilities;
                  [(E) the program outreach activities to rural 
                and inner-city areas that are carried out 
                through the funded activities;
                  [(F) the activities carried out through the 
                funded activities that are targeted to reach 
                underrepresented populations and rural 
                populations; and
                  [(G) the consumer involvement activities 
                carried out through the funded activities.
          [(3) Availability of assistive technology devices and 
        assistive technology services.--As soon as practicable, 
        the Secretary shall include in the annual report 
        required by this subsection information on the 
        availability of assistive technology devices and 
        assistive technology services.
  [(d) Effect on Other Assistance.--This title may not be 
construed as authorizing a Federal or a State agency to reduce 
medical or other assistance available, or to alter eligibility 
for a benefit or service, under any other Federal law.

[SEC. 104. TECHNICAL ASSISTANCE PROGRAM.

  [(a) In General.--Through grants, contracts, or cooperative 
agreements, awarded on a competitive basis, the Secretary is 
authorized to fund a technical assistance program to provide 
technical assistance to entities, principally entities funded 
under section 101 or 102.
  [(b) Input.--In designing the program to be funded under this 
section, and in deciding the differences in function between 
national and regionally based technical assistance efforts 
carried out through the program, the Secretary shall consider 
the input of the directors of comprehensive statewide programs 
of technology-related assistance 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; and
          [(3) individuals employed by protection and advocacy 
        systems funded under section 102.
  [(c) Scope of Technical Assistance.--
          [(1) National public internet site.--
                  [(A) Establishment of internet site.--The 
                Secretary shall fund the establishment and 
                maintenance of a National Public Internet Site 
                for the purposes of providing to individuals 
                with disabilities and the general public 
                technical assistance and information on 
                increased access to assistive technology 
                devices, assistive technology services, and 
                other disability-related resources.
                  [(B) Eligible entity.--To be eligible to 
                receive a grant or enter into a contract or 
                cooperative agreement under subsection (a) to 
                establish and maintain the Internet site, an 
                entity shall be an institution of higher 
                education that emphasizes research and 
                engineering, has a multidisciplinary research 
                center, and has 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 education, 
                        information, and referral services to 
                        individuals with disabilities, 
                        including technology-based curriculum 
                        development services for adults with 
                        low-level reading skills;
                          [(iv) developing cooperative 
                        partnerships with the private sector, 
                        particularly with private sector 
                        computer software, hardware, and 
                        Internet services entities; and
                          [(v) developing and designing 
                        advanced Internet sites.
                  [(C) Features of internet site.--The National 
                Public Internet Site described in subparagraph 
                (A) 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) Resources for a number 
                                of disabilities.--The site 
                                shall include resources 
                                relating to the largest 
                                possible number of 
                                disabilities, including 
                                resources relating to low-level 
                                reading skills.
                          [(iv) Links to private sector 
                        resources and information.--To the 
                        extent feasible, the site shall be 
                        linked to relevant private sector 
                        resources and information, under 
                        agreements developed between the 
                        institution of higher education and 
                        cooperating private sector entities.
                  [(D) Minimum library components.--At a 
                minimum, the Internet site shall maintain 
                updated information on--
                          [(i) how to plan, develop, implement, 
                        and evaluate activities to further 
                        extend comprehensive statewide programs 
                        of technology-related assistance, 
                        including the development and 
                        replication of effective approaches 
                        to--
                                  [(I) providing information 
                                and referral services;
                                  [(II) promoting interagency 
                                coordination of training and 
                                service delivery among public 
                                and private entities;
                                  [(III) conducting outreach to 
                                underrepresented populations 
                                and rural populations;
                                  [(IV) mounting successful 
                                public awareness activities;
                                  [(V) improving capacity 
                                building in service delivery;
                                  [(VI) training personnel from 
                                a variety of disciplines; and
                                  [(VII) improving evaluation 
                                strategies, research, and data 
                                collection;
                          [(ii) 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;
                          [(iii) successful approaches to 
                        increasing the availability of public 
                        and private funding for and access to 
                        the provision of assistive technology 
                        devices and assistive technology 
                        services by appropriate State agencies; 
                        and
                          [(iv) demonstration sites where 
                        individuals may try out assistive 
                        technology.
          [(2) Technical assistance efforts.--In carrying out 
        the technical assistance program, taking into account 
        the input required under subsection (b), the Secretary 
        shall ensure that entities--
                  [(A) address State-specific information 
                requests concerning assistive technology from 
                other entities funded under this title and 
                public entities not funded under this title, 
                including--
                          [(i) 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;
                          [(ii) requests for examples of 
                        policies, practices, procedures, 
                        regulations, administrative hearing 
                        decisions, or legal actions, that have 
                        enhanced or may enhance access to 
                        funding for assistive technology 
                        devices and assistive technology 
                        services for individuals with 
                        disabilities;
                          [(iii) 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;
                          [(iv) 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;
                          [(v) other requests for technical 
                        assistance from other entities funded 
                        under this title and public entities 
                        not funded under this title; and
                          [(vi) other assignments specified by 
                        the Secretary, including assisting 
                        entities described in section 103(b) to 
                        develop corrective action plans; and
                  [(B) assist targeted individuals 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 subparagraph (A).
  [(d) Eligible Entities.--To be eligible to compete for 
grants, contracts, and cooperative agreements under this 
section, entities shall have documented experience with and 
expertise in assistive technology service delivery or systems, 
interagency coordination, and capacity building and advocacy 
activities.
  [(e) Application.--To be eligible to receive a grant, 
contract, or cooperative agreement under this section, an 
entity shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the 
Secretary may require.

[SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

  [(a) In General.--There are authorized to be appropriated to 
carry out this title $36,000,000 for fiscal year 1999 and such 
sums as may be necessary for each of fiscal years 2000 through 
2004.
  [(b) Reservations of Funds.--
          [(1) In general.--Except as provided in paragraphs 
        (2) and (3), of the amount appropriated under 
        subsection (a) for a fiscal year--
                  [(A) 87.5 percent of the amount shall be 
                reserved to fund grants under section 101;
                  [(B) 7.9 percent shall be reserved to fund 
                grants under section 102; and
                  [(C) 4.6 percent shall be reserved for 
                activities funded under section 104.
          [(2) Reservation for continuation of technical 
        assistance initiatives.--For fiscal year 1999, the 
        Secretary may use funds reserved under subparagraph (C) 
        of paragraph (1) to continue funding technical 
        assistance initiatives that were funded in fiscal year 
        1998 under the Technology-Related Assistance for 
        Individuals With Disabilities Act of 1988.
          [(3) Reservation for onsite visits.--The Secretary 
        may reserve, from the amount appropriated under 
        subsection (a) for any fiscal year, such sums as the 
        Secretary considers to be necessary for the purposes of 
        conducting onsite visits as required by section 
        103(a)(2).

                     [TITLE II--NATIONAL ACTIVITIES

                [Subtitle A--Rehabilitation Act of 1973

[SEC. 201. COORDINATION OF FEDERAL RESEARCH EFFORTS.

  [Section 203 of the Rehabilitation Act of 1973 (as amended by 
section 405 of the Workforce Investment Act of 1988) is 
amended--
          [(1) in subsection (a)(1), by inserting after 
        ``programs,'' insert ``including programs relating to 
        assistive technology research and research that 
        incorporates the principles of universal design,'';
          [(2) in subsection (b)--
                  [(A) by inserting ``(1)'' before ``After 
                receiving'';
                  [(B) by striking ``from individuals with 
                disabilities and the individuals' 
                representatives'' and inserting ``from targeted 
                individuals'';
                  [(C) by inserting after ``research'' the 
                following: ``(including assistive technology 
                research and research that incorporates the 
                principles of universal design)''; and
                  [(D) by adding at the end the following:
  [``(2) In carrying out its duties with respect to the conduct 
of Federal research (including assistive technology research 
and research that incorporates the principles of universal 
design) related to rehabilitation of individuals with 
disabilities, the Committee shall--
          [``(A) share information regarding the range of 
        assistive technology research, and research that 
        incorporates the principles of universal design, that 
        is being carried out by members of the Committee and 
        other Federal departments and organizations;
          [``(B) identify, and make efforts to address, gaps in 
        assistive technology research and research that 
        incorporates the principles of universal design that 
        are not being adequately addressed;
          [``(C) identify, and establish, clear research 
        priorities related to assistive technology research and 
        research that incorporates the principles of universal 
        design for the Federal Government;
          [``(D) promote interagency collaboration and joint 
        research activities relating to assistive technology 
        research and research that incorporates the principles 
        of universal design at the Federal level, and reduce 
        unnecessary duplication of effort regarding these types 
        of research within the Federal Government; and
          [``(E) optimize the productivity of Committee members 
        through resource sharing and other cost-saving 
        activities, related to assistive technology research 
        and research that incorporates the principles of 
        universal design.'';
          [(3) by striking subsection (c) and inserting the 
        following:
  [``(c) Not later than December 31 of each year, the Committee 
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 Labor and Human Resources of the Senate, a 
report that--
          [``(1) describes the progress of the Committee in 
        fulfilling the duties described in subsection (b);
          [``(2) makes such recommendations as the Committee 
        determines to be appropriate with respect to 
        coordination of policy and development of objectives 
        and priorities for all Federal programs relating to the 
        conduct of research (including assistive technology 
        research and research that incorporates the principles 
        of universal design) related to rehabilitation of 
        individuals with disabilities; and
          [``(3) describes the activities that the Committee 
        recommended to be funded through grants, contracts, 
        cooperative agreements, and other mechanisms, for 
        assistive technology research and development and 
        research and development that incorporates the 
        principles of universal design.''; and
          [(4) by adding at the end the following:
  [``(d)(1) In order to promote coordination and cooperation 
among Federal departments and agencies conducting assistive 
technology research programs, to reduce duplication of effort 
among the programs, and to increase the availability of 
assistive technology for individuals with disabilities, the 
Committee may recommend activities to be funded through grants, 
contracts or cooperative agreements, or other mechanisms--
          [``(A) in joint research projects for assistive 
        technology research and research that incorporates the 
        principles of universal design; and
          [``(B) in other programs designed to promote a 
        cohesive, strategic Federal program of research 
        described in subparagraph (A).
  [``(2) The projects and programs described in paragraph (1) 
shall be jointly administered by at least 2 agencies or 
departments with representatives on the Committee.
  [``(3) In recommending activities to be funded in the 
projects and programs, the Committee shall obtain input from 
targeted individuals, and other organizations and individuals 
the Committee determines to be appropriate, concerning the 
availability and potential of technology for individuals with 
disabilities.
  [``(e) In this section, the terms `assistive technology', 
`targeted individuals', and `universal design' have the 
meanings given the terms in section 3 of the Assistive 
Technology Act of 1998.''.

[SEC. 202. NATIONAL COUNCIL ON DISABILITY.

  [Section 401 of the Rehabilitation Act of 1973 (as amended by 
section 407 of the Workforce Investment Act of 1998) is amended 
by adding at the end the following:
  [``(c)(1) Not later than December 31, 1999, the Council shall 
prepare a report describing the barriers in Federal assistive 
technology policy to increasing the availability of and access 
to assistive technology devices and assistive technology 
services for individuals with disabilities.
  [``(2) In preparing the report, the Council shall obtain 
input from the National Institute on Disability and 
Rehabilitation Research and the Association of Tech Act 
Projects, and from targeted individuals, as defined in section 
3 of the Assistive Technology Act of 1998.
  [``(3) The Council shall submit the report, along with such 
recommendations as the Council determines to be appropriate, to 
the Committee on Labor and Human Resources of the Senate and 
the Committee on Education and the Workforce of the House of 
Representatives.''.

[SEC. 203. ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD.

  [(a) In General.--Section 502 of the Rehabilitation Act of 
1973 (29 U.S.C. 792) is amended--
          [(1) by redesignating subsections (d) through (i) as 
        subsections (e) through (j), respectively;
          [(2) by inserting after subsection (c) the following:
  [``(d) Beginning in fiscal year 2000, the Access Board, after 
consultation with the Secretary, representatives of such public 
and private entities as the Access Board determines to be 
appropriate (including the electronic and information 
technology industry), targeted individuals (as defined in 
section 3 of the Assistive Technology Act of 1998), and State 
information technology officers, shall provide training for 
Federal and State employees on any obligations related to 
section 508 of the Rehabilitation Act of 1973.''; and
          [(3) in the second sentence of paragraph (1) of 
        subsection (e) (as redesignated in paragraph (1)), by 
        striking ``subsection (e)'' and inserting ``subsection 
        (f)''.
  [(b) Conforming Amendment.--Section 506(c) of the 
Rehabilitation Act of 1973 (29 U.S.C. 794(c)) is amended by 
striking ``section 502(h)(1)'' and inserting ``section 
502(i)(1)''.

                 [Subtitle B--Other National Activities

[SEC. 211. SMALL BUSINESS INCENTIVES.

  [(a) Definition.--In this section, the term ``small 
business'' means a small-business concern, as described in 
section 3(a) of the Small Business Act (15 U.S.C. 632(a)).
  [(b) Contracts for Design, Development, and Marketing.--
          [(1) In general.--The Secretary may enter into 
        contracts with small businesses, to assist such 
        businesses to design, develop, and market assistive 
        technology devices or assistive technology services. In 
        entering into the contracts, the Secretary may give 
        preference to businesses owned or operated by 
        individuals with disabilities.
          [(2) Small business innovative research program.--
        Contracts entered into pursuant to paragraph (1) shall 
        be administered in accordance with the contract 
        administration requirements applicable to the 
        Department of Education under the Small Business 
        Innovative Research Program, as described in section 
        9(g) of the Small Business Act (15 U.S.C. 638(g)). 
        Contracts entered into pursuant to paragraph (1) shall 
        not be included in the calculation of the required 
        expenditures of the Department under section 9(f) of 
        such Act (15 U.S.C. 638(f)).
  [(c) Grants for Evaluation and Dissemination of Information 
on Effects of Technology Transfer.--The Secretary may make 
grants to small businesses to enable such businesses--
          [(1) to work with any entity funded by the Secretary 
        to evaluate and disseminate information on the effects 
        of technology transfer on the lives of individuals with 
        disabilities;
          [(2) to benefit from the experience and expertise of 
        such entities, in conducting such evaluation and 
        dissemination; and
          [(3) to utilize any technology transfer and market 
        research services such entities provide, to bring new 
        assistive technology devices and assistive technology 
        services into commerce.

[SEC. 212. TECHNOLOGY TRANSFER AND UNIVERSAL DESIGN.

  [(a) In General.--The Director of the National Institute on 
Disability and Rehabilitation Research may collaborate with the 
Federal Laboratory Consortium for Technology Transfer 
established under section 11(e) of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3710(e)), to 
promote technology transfer that will further development of 
assistive technology and products that incorporate the 
principles of universal design.
  [(b) Collaboration.--In promoting the technology transfer, 
the Director and the Consortium described in subsection (a) may 
collaborate--
          [(1) to enable the National Institute on Disability 
        and Rehabilitation Research to work more effectively 
        with the Consortium, and to enable the Consortium to 
        fulfill the responsibilities of the Consortium to 
        assist Federal agencies with technology transfer under 
        the Stevenson-Wydler Technology Innovation Act of 1980 
        (15 U.S.C. 3701 et seq);
          [(2) to increase the awareness of staff members of 
        the Federal Laboratories regarding assistive technology 
        issues and the principles of universal design;
          [(3) to compile a compendium of current and projected 
        Federal Laboratory technologies and projects that have 
        or will have an intended or recognized impact on the 
        available range of assistive technology for individuals 
        with disabilities, including technologies and projects 
        that incorporate the principles of universal design, as 
        appropriate;
          [(4) to develop strategies for applying developments 
        in assistive technology and universal design to 
        mainstream technology, to improve economies of scale 
        and commercial incentives for assistive technology; and
          [(5) to cultivate developments in assistive 
        technology and universal design through demonstration 
        projects and evaluations, conducted with assistive 
        technology professionals and potential users of 
        assistive technology.
  [(c) Grants, Contracts, and Cooperative Agreements.--The 
Secretary may make grants to or enter into contracts or 
cooperative agreements with commercial, nonprofit, or other 
organizations, including institutions of higher education, to 
facilitate interaction with the Consortium to achieve the 
objectives of this section.
  [(d) Responsibilities of Consortium.--Section 11(e)(1) of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3710(e)(1)) is amended--
          [(1) in subparagraph (I), by striking ``; and'' and 
        inserting a semicolon;
          [(2) in subparagraph (J), by striking the period and 
        inserting ``; and''; and
          [(3) by adding at the end the following:
          [``(K) work with the Director of the National 
        Institute on Disability and Rehabilitation Research to 
        compile a compendium of current and projected Federal 
        Laboratory technologies and projects that have or will 
        have an intended or recognized impact on the available 
        range of assistive technology for individuals with 
        disabilities (as defined in section 3 of the Assistive 
        Technology Act of 1998), including technologies and 
        projects that incorporate the principles of universal 
        design (as defined in section 3 of such Act), as 
        appropriate.''.

[SEC. 213. UNIVERSAL DESIGN IN PRODUCTS AND THE BUILT ENVIRONMENT.

  [The Secretary may make grants to commercial or other 
enterprises and institutions of higher education for the 
research and development of universal design concepts for 
products (including information technology) and the built 
environment. In making such grants, the Secretary shall give 
consideration to enterprises and institutions that are owned or 
operated by individuals with disabilities. The Secretary shall 
define the term ``built environment'' for purposes of this 
section.

[SEC. 214. OUTREACH.

  [(a) Assistive Technology in Rural or Impoverished Urban 
Areas.--The Secretary may make grants, enter into cooperative 
agreements, or provide financial assistance through other 
mechanisms, for projects designed to increase the availability 
of assistive technology for rural and impoverished urban 
populations, by determining the unmet assistive technology 
needs of such populations, and designing and implementing 
programs to meet such needs.
  [(b) Assistive Technology for Children and Older 
Individuals.--The Secretary may make grants, enter into 
cooperative agreements, or provide financial assistance through 
other mechanisms, for projects designed to increase the 
availability of assistive technology for populations of 
children and older individuals, by determining the unmet 
assistive technology needs of such populations, and designing 
and implementing programs to meet such needs.

[SEC. 215. TRAINING PERTAINING TO REHABILITATION ENGINEERS AND 
                    TECHNICIANS.

  [(a) Grants and Contracts.--The Secretary shall make grants, 
or enter into contracts with, public and private agencies and 
organizations, including institutions of higher education, to 
help prepare students, including students preparing to be 
rehabilitation technicians, and faculty working in the field of 
rehabilitation engineering, for careers related to the 
provision of assistive technology devices and assistive 
technology services.
  [(b) Activities.--An agency or organization that receives a 
grant or contract under subsection (a) may use the funds made 
available through the grant or contract--
          [(1) to provide training programs for individuals 
        employed or seeking employment in the field of 
        rehabilitation engineering, including postsecondary 
        education programs;
          [(2) to provide workshops, seminars, and conferences 
        concerning rehabilitation engineering that relate to 
        the use of assistive technology devices and assistive 
        technology services to improve the lives of individuals 
        with disabilities; and
          [(3) to design, develop, and disseminate curricular 
        materials to be used in the training programs, 
        workshops, seminars, and conferences described in 
        paragraphs (1) and (2).

[SEC. 216. PRESIDENT'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH 
                    DISABILITIES.

  [(a) Programs.--The President's Committee on Employment of 
People With Disabilities (referred to in this section as ``the 
Committee'') may design, develop, and implement programs to 
increase the voluntary participation of the private sector in 
making information technology accessible to individuals with 
disabilities, including increasing the involvement of 
individuals with disabilities in the design, development, and 
manufacturing of information technology.
  [(b) Activities.--The Committee may carry out activities 
through the programs that may include--
          [(1) the development and coordination of a task 
        force, which--
                  [(A) shall develop and disseminate 
                information on voluntary best practices for 
                universal accessibility in information 
                technology; and
                  [(B) shall consist of members of the public 
                and private sectors, including--
                          [(i) representatives of organizations 
                        representing individuals with 
                        disabilities; and
                          [(ii) individuals with disabilities; 
                        and
          [(2) the design, development, and implementation of 
        outreach programs to promote the adoption of best 
        practices referred to in paragraph (1)(B).
  [(c) Coordination.--The Committee shall coordinate the 
activities of the Committee under this section, as appropriate, 
with the activities of the National Institute on Disability and 
Rehabilitation Research and the activities of the Department of 
Labor.
  [(d) Technical Assistance.--The Committee may provide 
technical assistance concerning the programs carried out under 
this section and may reserve such portion of the funds 
appropriated to carry out this section as the Committee 
determines to be necessary to provide the technical assistance.
  [(e) Definition.--In this section, the term ``information 
technology'' means any equipment or interconnected system or 
subsystem of equipment, that is used in the automatic 
acquisition, storage, manipulation, management, movement, 
control, display, switching, interchange, transmission, or 
reception of data or information, including a computer, 
ancillary equipment, software, firmware and similar procedures, 
services (including support services), and related resources.

[SEC. 217. AUTHORIZATION OF APPROPRIATIONS.

  [There are authorized to be appropriated to carry out this 
title, and the provisions of section 203 of the Rehabilitation 
Act of 1973 that relate to research described in section 
203(b)(2)(A) of such Act, $10,000,000 for fiscal year 1999, and 
such sums as may be necessary for fiscal year 2000.

              [TITLE III--ALTERNATIVE FINANCING MECHANISMS

[SEC. 301. GENERAL AUTHORITY.

  [(a) In General.--The Secretary shall award grants to States 
to pay for the Federal share of the cost of the establishment 
and administration of, or the expansion and administration of, 
an alternative financing program featuring one or more 
alternative financing mechanisms to allow individuals with 
disabilities and their family members, guardians, advocates, 
and authorized representatives to purchase assistive technology 
devices and assistive technology services (referred to 
individually in this title as an ``alternative financing 
mechanism'').
  [(b) Mechanisms.--The alternative financing mechanisms may 
include--
          [(1) a low-interest loan fund;
          [(2) an interest buy-down program;
          [(3) a revolving loan fund;
          [(4) a loan guarantee or insurance program;
          [(5) a program operated by a partnership among 
        private entities for the purchase, lease, or other 
        acquisition of assistive technology devices or 
        assistive technology services; or
          [(6) another mechanism that meets the requirements of 
        this title and is approved by the Secretary.
  [(c) Requirements.--
          [(1) Period.--The Secretary may award grants under 
        this title for periods of 1 year.
          [(2) Limitation.--No State may receive more than one 
        grant under this title.
  [(d) Federal Share.--The Federal share of the cost of the 
alternative financing program shall not be more than 50 
percent.
  [(e) Construction.--Nothing in this section shall be 
construed as affecting the authority of a State to establish an 
alternative financing program under title I.

[SEC. 302. AMOUNT OF GRANTS.

  [(a) In General.--
          [(1) Grants to outlying areas.--From the funds 
        appropriated under section 308 for any fiscal year that 
        are not reserved under section 308(b), the Secretary 
        shall make a grant in an amount of not more than 
        $105,000 to each eligible outlying area.
          [(2) Grants to states.--From the funds described in 
        paragraph (1) that are not used to make grants under 
        paragraph (1), the Secretary shall make grants to 
        States from allotments made in accordance with the 
        requirements described in paragraph (3).
          [(3) Allotments.--From the funds described in 
        paragraph (1) that are not used to make grants under 
        paragraph (1)--
                  [(A) the Secretary shall allot $500,000 to 
                each State; and
                  [(B) from the remainder of the funds--
                          [(i) the Secretary shall allot to 
                        each State an amount that bears the 
                        same ratio to 80 percent of the 
                        remainder as the population of the 
                        State bears to the population of all 
                        States; and
                          [(ii) the Secretary shall allot to 
                        each State with a population density 
                        that is not more than 10 percent 
                        greater than the population density of 
                        the United States (according to the 
                        most recently available census data) an 
                        equal share from 20 percent of the 
                        remainder.
  [(b) Insufficient Funds.--If the funds appropriated under 
this title for a fiscal year are insufficient to fund the 
activities described in the acceptable applications submitted 
under this title for such year, a State whose application was 
approved for such year but that did not receive a grant under 
this title may update the application for the succeeding fiscal 
year. Priority shall be given in such succeeding fiscal year to 
such updated applications, if acceptable.
  [(c) Definitions.--In subsection (a):
          [(1) Outlying area.--The term ``outlying area'' means 
        the United States Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands.
          [(2) State.--The term ``State'' does not include the 
        United States Virgin Islands, Guam, American Samoa, and 
        the Commonwealth of the Northern Mariana Islands.

[SEC. 303. APPLICATIONS AND PROCEDURES.

  [(a) Eligibility.--States that receive or have received 
grants under section 101 and comply with subsection (b) shall 
be eligible to compete for grants under this title.
  [(b) Application.--To be eligible to compete for a grant 
under this title, a State shall submit an application to the 
Secretary at such time, in such manner, and containing such 
information as the Secretary may require, including--
          [(1) an assurance that the State will provide the 
        non-Federal share of the cost of the alternative 
        financing program in cash, from State, local, or 
        private sources;
          [(2) an assurance that the alternative financing 
        program will continue on a permanent basis;
          [(3) an assurance that, and information describing 
        the manner in which, the alternative financing program 
        will expand and emphasize consumer choice and control;
          [(4) an assurance that the funds made available 
        through the grant to support the alternative financing 
        program will be used to supplement and not supplant 
        other Federal, State, and local public funds expended 
        to provide alternative financing mechanisms;
          [(5) an assurance that the State will ensure that--
                  [(A) all funds that support the alternative 
                financing program, including funds repaid 
                during the life of the program, will be placed 
                in a permanent separate account and identified 
                and accounted for separately from any other 
                fund;
                  [(B) if the organization administering the 
                program invests funds within this account, the 
                organization will invest the funds in low-risk 
                securities in which a regulated insurance 
                company may invest under the law of the State; 
                and
                  [(C) the organization will administer the 
                funds with the same judgment and care that a 
                person of prudence, discretion, and 
                intelligence would exercise in the management 
                of the financial affairs of such person;
          [(6) an assurance that--
                  [(A) funds comprised of the principal and 
                interest from the account described in 
                paragraph (5) will be available to support the 
                alternative financing program; and
                  [(B) any interest or investment income that 
                accrues on or derives from such funds after 
                such funds have been placed under the control 
                of the organization administering the 
                alternative financing program, but before such 
                funds are distributed for purposes of 
                supporting the program, will be the property of 
                the organization administering the program; and
          [(7) an assurance that the percentage of the funds 
        made available through the grant that is used for 
        indirect costs shall not exceed 10 percent.
  [(c) Limit.--The interest and income described in subsection 
(b)(6)(B) shall not be taken into account by any officer or 
employee of the Federal Government for purposes of determining 
eligibility for any Federal program.

[SEC. 304. CONTRACTS WITH COMMUNITY-BASED ORGANIZATIONS.

  [(a) In General.--A State that receives a grant under this 
title shall enter into a contract with a community-based 
organization (including a group of such organizations) that has 
individuals with disabilities involved in organizational 
decisionmaking at all organizational levels, to administer the 
alternative financing program.
  [(b) Provisions.--The contract shall--
          [(1) include a provision requiring that the program 
        funds, including the Federal and non-Federal shares of 
        the cost of the program, be administered in a manner 
        consistent with the provisions of this title;
          [(2) include any provision the Secretary requires 
        concerning oversight and evaluation necessary to 
        protect Federal financial interests; and
          [(3) require the community-based organization to 
        enter into a contract, to expand opportunities under 
        this title and facilitate administration of the 
        alternative financing program, with--
                  [(A) commercial lending institutions or 
                organizations; or
                  [(B) State financing agencies.

[SEC. 305. GRANT ADMINISTRATION REQUIREMENTS.

  [A State that receives a grant under this title and any 
community-based organization that enters into a contract with 
the State under this title, shall submit to the Secretary, 
pursuant to a schedule established by the Secretary (or if the 
Secretary does not establish a schedule, within 12 months after 
the date that the State receives the grant), each of the 
following policies or procedures for administration of the 
alternative financing program:
          [(1) A procedure to review and process in a timely 
        manner requests for financial assistance for immediate 
        and potential technology needs, including consideration 
        of methods to reduce paperwork and duplication of 
        effort, particularly relating to need, eligibility, and 
        determination of the specific assistive technology 
        device or service to be financed through the program.
          [(2) A policy and procedure to assure that access to 
        the alternative financing program shall be given to 
        consumers regardless of type of disability, age, income 
        level, location of residence in the State, or type of 
        assistive technology device or assistive technology 
        service for which financing is requested through the 
        program.
          [(3) A procedure to assure consumer-controlled 
        oversight of the program.

[SEC. 306. INFORMATION AND TECHNICAL ASSISTANCE.

  [(a) In General.--The Secretary shall provide information and 
technical assistance to States under this title, which shall 
include--
          [(1) providing assistance in preparing applications 
        for grants under this title;
          [(2) assisting grant recipients under this title to 
        develop and implement alternative financing programs; 
        and
          [(3) providing any other information and technical 
        assistance the Secretary determines to be appropriate 
        to assist States to achieve the objectives of this 
        title.
  [(b) Grants, Contracts, and Cooperative Agreements.--The 
Secretary shall provide the information and technical 
assistance described in subsection (a) through grants, 
contracts, and cooperative agreements with public or private 
agencies and organizations, including institutions of higher 
education, with sufficient documented experience, expertise, 
and capacity to assist States in the development and 
implementation of the alternative financing programs carried 
out under this title.

[SEC. 307. ANNUAL REPORT.

  [Not later than December 31 of each year, the Secretary shall 
submit a report to the Committee on Education and the Workforce 
of the House of Representatives and the Committee on Labor and 
Human Resources of the Senate describing the progress of each 
alternative financing program funded under this title toward 
achieving the objectives of this title. The report shall 
include information on--
          [(1) the number of grant applications received and 
        approved by the Secretary under this title, and the 
        amount of each grant awarded under this title;
          [(2) the ratio of funds provided by each State for 
        the alternative financing program of the State to funds 
        provided by the Federal Government for the program;
          [(3) the type of alternative financing mechanisms 
        used by each State and the community-based organization 
        with which each State entered into a contract, under 
        the program; and
          [(4) the amount of assistance given to consumers 
        through the program (who shall be classified by age, 
        type of disability, type of assistive technology device 
        or assistive technology service financed through the 
        program, geographic distribution within the State, 
        gender, and whether the consumers are part of an 
        underrepresented population or rural population).

[SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

  [(a) In General.--There are authorized to be appropriated to 
carry out this title $10,000,000 for fiscal year 1999 and such 
sums as may be necessary for fiscal year 2000.
  [(b) Reservation.--Of the amounts appropriated under 
subsection (a) for a fiscal year, the Secretary shall reserve 2 
percent for the purpose of providing information and technical 
assistance to States under section 306.

              [TITLE IV--REPEAL AND CONFORMING AMENDMENTS

[SEC. 401. REPEAL.

  [The Technology-Related Assistance for Individuals With 
Disabilities Act of 1988 (29 U.S.C. 2201 et seq.) is repealed.

[SEC. 402. CONFORMING AMENDMENTS.

  [(a) Definitions.--Section 6 of the Rehabilitation Act of 
1973 (as amended by section 403 of the Workforce Investment Act 
of 1998) is amended--
          [(1) in paragraph (3), by striking ``section 3(2) of 
        the Technology-Related Assistance for Individuals With 
        Disabilities Act of 1988 (29 U.S.C. 2202(2))'' and 
        inserting ``section 3 of the Assistive Technology Act 
        of 1998''; and
          [(2) in paragraph (4), by striking ``section 3(3) of 
        the Technology-Related Assistance for Individuals With 
        Disabilities Act of 1988 (29 U.S.C. 2202(3))'' and 
        inserting ``section 3 of the Assistive Technology Act 
        of 1998''.
  [(b) Research and Other Covered Activities.--Section 
204(b)(3) of the Rehabilitation Act of 1973 (as amended by 
section 405 of the Workforce Investment Act of 1998) is 
amended--
          [(1) in subparagraph (C)(i), by striking ``the 
        Technology-Related Assistance for Individuals With 
        Disabilities Act of 1988 (29 U.S.C. 2201 et seq.)'' and 
        inserting ``the Assistive Technology Act of 1998''; and
          [(2) in subparagraph (G)(i), by striking ``the 
        Technology-Related Assistance for Individuals With 
        Disabilities Act of 1988 (29 U.S.C. 2201 et seq.)'' and 
        inserting ``the Assistive Technology Act of 1998''.
  [(c) Protection and Advocacy.--Section 509(a)(2) of the 
Rehabilitation Act of 1973 (as amended by section 408 of the 
Workforce Investment Act of 1998) is amended by striking ``the 
Technology-Related Assistance for Individuals With Disabilities 
Act of 1988 (42 U.S.C. 2201 et seq.)'' and inserting ``the 
Assistive Technology Act of 1998''.]

SECTION 1. 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 for this Act is 
as follows:

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

SEC. 2. FINDINGS AND PURPOSES.

  (a) Findings.--Congress finds the following:
          (1) 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.
          (2) 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.
          (3) 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 would have profound implications 
        for individuals with disabilities in the United States.
          (4) Over the last 15 years, the Federal Government 
        has invested in the development of statewide 
        comprehensive systems to help individuals with 
        disabilities gain access to assistive technology 
        devices and services. This partnership with States 
        provided an important service to individuals with 
        disabilities by strengthening the capacity of each 
        State to assist individuals with disabilities of all 
        ages with their assistive technology needs.
          (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 and adaptations increase the involvement, and 
        reduce expenditures associated with, programs and 
        activities that facilitate communication, ensure 
        independent living and functioning, enable early 
        childhood development, support educational achievement, 
        provide and enhance employment options, and enable full 
        participation in community living and recreation for 
        individuals with disabilities.
          (6) Despite the success of the Federal-State 
        partnership in providing access to assistive technology 
        and 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 their independence and participation 
        of individuals with disabilities in society.
  (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 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 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. DEFINITIONS.

  In this Act:
          (1) Advocacy services.--The term ``advocacy 
        services'', except as used as part of the term 
        ``protection and advocacy services'', means services 
        provided to assist individuals with disabilities and 
        their family members, guardians, advocates, and 
        authorized representatives in accessing assistive 
        technology devices and assistive technology services.
          (2) American indian consortium.--The term ``American 
        Indian Consortium'' has the meaning given the term in 
        section 102(1) of the Developmental Disabilities 
        Assistance and Bill of Rights Act of 2000 and that is 
        established to provide protection and advocacy services 
        for purposes of receiving funding under subtitle C of 
        title I of such Act.
          (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) services consisting of purchasing, 
                leasing, or otherwise providing for the 
                acquisition of assistive technology devices by 
                individuals with disabilities;
                  (C) services consisting of selecting, 
                designing, fitting, customizing, adapting, 
                applying, maintaining, repairing, or replacing 
                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 disabilities, or, where 
                appropriate, the family members, guardians, 
                advocates, or authorized representatives of 
                such an individual; and
                  (F) training or technical assistance for 
                professionals (including individuals providing 
                education and rehabilitation services), 
                employers, or other individuals who provide 
                services to, employ, or are otherwise 
                substantially involved in the major life 
                functions of 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
                          (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 one individual with a disability.
          (11) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning 
        given such term in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1141(a)), and includes a 
        community college receiving funding under the Tribally 
        Controlled Community College 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 part C of the 
                Developmental Disabilities Assistance and Bill 
                of Rights Act (42 U.S.C. 6041 et seq.), the 
                Protection and Advocacy for Mentally Ill 
                Individuals Act of 1986 (42 U.S.C. 10801 et 
                seq.), or section 509 of the Rehabilitation Act 
                of 1973; 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 several States of the United States, the 
                District of Columbia, the Commonwealth of 
                Puerto Rico, the United States Virgin Islands, 
                Guam, American Samoa, and the Commonwealth of 
                the Northern Mariana Islands.
                  (B) Outlying areas.--In sections 4(c) and 
                5(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) Targeted individuals.--The term ``targeted 
        individuals'' means--
                  (A) individuals with disabilities of all ages 
                and their family members, guardians, advocates, 
                and authorized representatives;
                  (B) individuals who work for public or 
                private entities (including insurers or managed 
                care providers), that have contact with 
                individuals with disabilities;
                  (C) educators and related services personnel;
                  (D) technology experts (including engineers);
                  (E) health and allied health professionals;
                  (F) employers; and
                  (G) other appropriate individuals and 
                entities.
          (16) Technology-related assistance.--The term 
        ``technology-related assistance'' means assistance 
        provided through capacity building and advocacy 
        activities that accomplish the purposes described in 
        any of subparagraphs (A) through (G) of section 
        2(b)(1).
          (17) 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.
          (18) 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 usable (without requiring assistive 
        technologies) and products and services that are made 
        usable with assistive technologies.

SEC. 4. GRANTS TO STATES FOR PURCHASE OF ASSISTIVE TECHNOLOGY DEVICES 
                    AND ASSISTIVE TECHNOLOGY SERVICES.

  (a) Grants to States.--The Secretary shall award grants, in 
accordance with this section, 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 and their family 
members, guardians, advocates, and authorized representatives 
to obtain assistive technology devices and assistive technology 
services.
  (b) Use of Funds.--
          (1) In general.--
                  (A) Required activities.--Except as provided 
                in subparagraph (C), any State that receives a 
                grant under this section shall use a portion of 
                the funds made available through the grant to 
                carry out the activities described in 
                subparagraphs (A) and (B) of paragraph (2).
                  (B) Discretionary activities.--Any State that 
                receives a grant under this section may use the 
                funds made available through the grant to carry 
                out the activities described in subparagraph 
                (C) or (D) of paragraph (2).
                  (C) Special rule.--Any State in which 
                financial support for the activities described 
                in subparagraph (A) or (B) of paragraph (2) is 
                provided from State or other resources shall 
                not be required to expend the funds provided 
                under the grant to carry out the activities 
                described in subparagraph (A) or (B), as the 
                case may be. Such financial support shall be 
                comparable to the amount of the grant the State 
                would otherwise have expended for such 
                activities.
          (2) State-level activities.--
                  (A) State finance systems.--The State shall 
                support activities to increase access to, and 
                funding for, assistive technology devices and 
                assistive technology services, including the 
                development of systems to provide assistive 
                technology devices and assistive technology 
                services to individuals with disabilities of 
                all ages, and that pay for such devices and 
                services, such as--
                          (i) the development of systems for 
                        the purchase, lease, other acquisition, 
                        or payment for the provision of 
                        assistive technology devices and 
                        assistive technology services; or
                          (ii) the establishment of alternative 
                        State or privately funded systems of 
                        subsidies for the provision of 
                        assistive technology devices or 
                        assistive technology services, 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 operated by a 
                                partnership among private 
                                entities for the purchase, 
                                lease, or other acquisition of 
                                assistive technology devices or 
                                assistive technology services; 
                                or
                                  (VI) another mechanism 
                                approved by the Secretary.
                  (B) Device loan programs.--The State shall 
                directly, or in collaboration with public or 
                private entities, carry out device loan 
                programs that support the short-term loan of 
                assistive technology devices to individuals, 
                employers, public agencies, public 
                accommodations, or others seeking to meet the 
                needs of targeted individuals, including to 
                comply with the Individuals with Disabilities 
                Education Act, the Americans with Disabilities 
                Act of 1990, and section 504 of the 
                Rehabilitation Act of 1973.
                  (C) 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, recycling, or other 
                reutilization of assistive technology devices, 
                which may include redistribution through device 
                and equipment loans, rentals, or gifts.
                  (D) Device demonstration program.--The State 
                shall directly, or in collaboration with public 
                or private entities, carry out assistive 
                technology device demonstration programs that 
                provide for the ability of targeted individuals 
                to learn about the use and operation of 
                assistive technology devices.
          (3) State leadership activities.--
                  (A) In general.--Any State that receives a 
                grant under this section may use up to 40 
                percent of the funds made available through the 
                grant to carry out the activities described in 
                subparagraph (B).
                  (B) Required activities.--The State shall 
                support--
                          (i) public awareness activities 
                        designed to provide information to 
                        targeted individuals relating to the 
                        availability and benefits of assistive 
                        technology devices and assistive 
                        technology services, including--
                                  (I) the development and 
                                dissemination of information 
                                relating to--
                                          (aa) the nature of 
                                        assistive technology 
                                        devices and assistive 
                                        technology services;
                                          (bb) the 
                                        appropriateness of, 
                                        cost of, availability 
                                        of, evaluation of, and 
                                        access to, assistive 
                                        technology devices and 
                                        assistive technology 
                                        services; and
                                          (cc) 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;
                                  (II) the development of 
                                procedures for providing direct 
                                communication between providers 
                                of assistive technology and 
                                targeted individuals, which may 
                                include partnerships with the 
                                State and local workforce 
                                investment system established 
                                under the Workforce Investment 
                                Act of 1998, State vocational 
                                rehabilitation centers, public 
                                and private employers, or 
                                elementary and secondary public 
                                schools; and
                                  (III) the development and 
                                dissemination, to targeted 
                                individuals, of information 
                                about State efforts related to 
                                assistive technology; and
                                  (IV) the distribution of 
                                materials to appropriate public 
                                and private agencies that 
                                provide social, medical, 
                                educational, employment, and 
                                transportation services to 
                                individuals with disabilities;
                          (ii) technical assistance and 
                        training on--
                                  (I) the development of 
                                training materials and the 
                                conduct of training in the use 
                                of assistive technology devices 
                                and assistive technology 
                                services;
                                  (II) providing technical 
                                assistance, including technical 
                                assistance concerning how--
                                          (aa) to consider the 
                                        needs of an individual 
                                        with a disability for 
                                        assistive technology 
                                        devices and assistive 
                                        technology services in 
                                        developing any 
                                        individualized plan or 
                                        program authorized 
                                        under Federal or State 
                                        law; and
                                          (bb) to increase 
                                        consumer participation 
                                        regarding assistive 
                                        technology devices and 
                                        assistive technology 
                                        services; and
                                  (III) the enhancement of the 
                                assistive technology skills and 
                                competencies of--
                                          (aa) individuals who 
                                        work for public or 
                                        private entities 
                                        (including insurers and 
                                        managed care 
                                        providers), who have 
                                        contact with 
                                        individuals with 
                                        disabilities;
                                          (bb) educators and 
                                        related services 
                                        personnel;
                                          (cc) technology 
                                        experts (including 
                                        engineers);
                                          (dd) health and 
                                        allied health 
                                        professionals;
                                          (ee) employers; and
                                          (ff) other 
                                        appropriate personnel; 
                                        and
                          (iii) outreach and support to 
                        statewide and community-based 
                        organizations that provide assistive 
                        technology devices and assistive 
                        technology services to individuals with 
                        disabilities or that assist individuals 
                        with disabilities in using assistive 
                        technology devices and assistive 
                        technology services, including a focus 
                        on organizations assisting individuals 
                        from underrepresented populations and 
                        rural populations, and further 
                        including support such as outreach to 
                        consumer organizations and groups in 
                        the State to coordinate efforts to 
                        assist individuals with disabilities of 
                        all ages and their family members, 
                        guardians, advocates, or authorized 
                        representatives, to obtain funding for, 
                        access to, and information on 
                        evaluation of assistive technology 
                        devices and assistive technology 
                        services.
                  (C) Authorized activities.--The State may 
                support the operation and administration of the 
                activities in paragraph (2), through 
                interagency coordination to develop and promote 
                the adoption of policies that improve access to 
                assistive technology devices and assistive 
                technology services for individuals with 
                disabilities of all ages in the State and that 
                result in improved coordination among public 
                and private entities that are responsible or 
                have the authority to be responsible, for 
                policies, procedures, or funding for, or the 
                provision of assistive technology devices and 
                assistive technology services to, such 
                individuals.
          (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 it receives under a grant 
                under this section to carry out any of the 
                activities described in paragraph (2).
                  (B) Special rule.--Notwithstanding paragraph 
                (3)(A), any State which exercises its authority 
                under subparagraph (A) may not use more than 30 
                percent of the funds made available through the 
                grant to carry out the activities described in 
                paragraph (3)(B).
  (c) Amount of Financial Assistance.--
          (1) Grants to outlying areas.--From the funds 
        appropriated under section 8(a) for any fiscal year for 
        grants under this section, the Secretary shall make a 
        grant in an amount of not more than $105,000 to each 
        eligible outlying area.
          (2) Grants to states.--From the funds described in 
        paragraph (1) that are not used to make grants under 
        paragraph (1), the Secretary shall make grants to 
        States in accordance with the requirements described in 
        paragraph (3).
          (3) Calculation of state grants.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the Secretary shall allocate 
                funds to each State for a fiscal year in an 
                amount that bears the same ratio as the 
                population of the State bears to the population 
                of all States.
                  (B) Minimum allotment.--A State shall receive 
                an amount under a grant for a fiscal year that 
                is not less than the amount the State received 
                under the grant provided under title I of this 
                Act (as in effect on the day before the date of 
                the enactment of the Improving Access to 
                Assistive Technology for Individuals with 
                Disabilities Act of 2004) for fiscal year 2004.
                  (C) Ratable reductions.--
                          (i) In general.--If amounts made 
                        available to carry out this section for 
                        any fiscal year are insufficient to 
                        meet the minimum allotment requirement 
                        for each State under subparagraph (B) 
                        for such fiscal year, the Secretary 
                        shall ratably reduce such amounts for 
                        such fiscal year.
                          (ii) Additional funds.--If additional 
                        funds become available for making 
                        payments described under this 
                        subsection for any such fiscal year, 
                        the amounts that were reduced under 
                        clause (i) shall be increased on the 
                        same basis as such amounts were 
                        reduced.
  (d) Lead Agency.--
          (1) Designation.--To be eligible to receive a grant 
        under this section, the Governor of the State shall 
        designate in accordance with paragraph (2) a lead 
        agency to administer the grant under this section.
          (2) Eligible entities.--For purposes of paragraph 
        (1), the Governor of the State may designate one of the 
        following:
                  (A) The State agency responsible for the 
                administration of vocational rehabilitation in 
                the State.
                  (B) A commission, council, or other official 
                body appointed by the Governor.
                  (C) A public-private partnership or 
                consortium.
                  (D) A public agency (including the office of 
                the Governor, a State oversight office, a State 
                agency, a public institution of higher 
                education, or other public entity).
                  (E) A council established under Federal or 
                State law.
                  (F) An organization described in section 
                501(c)(3) of Internal Revenue Code of 1986 and 
                exempt from tax under section 501(a) of that 
                Act.
                  (G) Another appropriate office, agency, 
                entity, or organization.
          (3) Duties of the lead agency.--The duties of the 
        lead agency shall include--
                  (A) submitting the application described in 
                subsection (e) on behalf of the State;
                  (B) administering and supervising the use of 
                amounts made available under the grant received 
                by the State under this section;
                  (C)(i) coordinating efforts related to, and 
                supervising the preparation of, the application 
                described in subsection (e);
                  (ii) coordinating, maintaining, and 
                evaluating the comprehensive statewide program 
                of technology-related assistance among public 
                agencies and between public agencies and 
                private entities, including coordinating 
                efforts related to entering into interagency 
                agreements; and
                  (iii) coordinating efforts, especially 
                efforts carried out with entities that provide 
                protection and advocacy services described in 
                section 5, 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 under the grant;
                  (D) delegating, in whole or in part, any 
                responsibilities described in subparagraph (A), 
                (B), or (C) to one or more appropriate offices, 
                agencies, entities, or individuals; and
                  (E) establishing a partnership or 
                partnerships with private providers of social, 
                medical, educational, employment, and 
                transportation services to individuals with 
                disabilities.
          (4) Change in lead agency.--The Governor may change 
        the lead agency of the State (to an agency other than 
        the lead agency of the State as of the date of the 
        enactment of the Improving Access to Assistive 
        Technology for Individuals with Disabilities Act of 
        2004) if the Governor provides a justification in the 
        application to the Secretary for such action. Nothing 
        in this subsection shall be construed to require the 
        Governor of a State to change the lead agency of the 
        State to an agency other than the lead agency of such 
        State as of the date of the enactment of the Improving 
        Access to Assistive Technology for Individuals with 
        Disabilities Act of 2004.
  (e) State Application.--
          (1) Submission.--Any State that desires to receive a 
        grant under this section shall submit to the Secretary 
        an application at such time and in such manner as the 
        Secretary may specify.
          (2) Content.--Each application shall contain, at a 
        minimum, the following information:
                  (A) Planned activities.--A description of 
                those activities described in subsection (b)(2) 
                that the State will carry out under the grant.
                  (B) Measurable goals.--A description of--
                          (i) the measurable goals the State 
                        has set for addressing the assistive 
                        technology needs of individuals with 
                        disabilities in the State, including 
                        any measurable goals, and a timeline 
                        for meeting such goals, related to--
                                  (I) education, including 
                                goals involving the provision 
                                of assistive technology to 
                                individuals with disabilities 
                                that receive services under the 
                                Individuals with Disabilities 
                                Education Act;
                                  (II) employment, including 
                                goals involving the State 
                                vocational rehabilitation 
                                program carried out under title 
                                I of the Rehabilitation Act of 
                                1973;
                                  (III) telecommunication and 
                                information technology; and
                                  (IV) community living; and
                          (ii) how the State will quantifiably 
                        measure the goals to determine whether 
                        the goals have been achieved.
                  (C) Involvement of individuals with 
                disabilities of all ages and their families.--A 
                description of how individuals with 
                disabilities of all ages and their families--
                          (i) were involved in selecting--
                                  (I) the goals;
                                  (II) the activities to be 
                                undertaken in achieving the 
                                goals; and
                                  (III) the measures to be used 
                                in judging if the goals have 
                                been achieved; and
                          (ii) will be involved in measuring 
                        whether the goals have been achieved.
                  (D) State support.--A description of those 
                activities described in subsection (b)(2) that 
                the State will support under the grant, 
                including at a minimum the State's plans to 
                provide financial support, consistent with 
                subsection (b)(1), for the activities described 
                in subparagraphs (A) and (B) of such 
                subsection.
                  (E) Assurance.--An assurance that the 
                physical location of the entity responsible for 
                conducting the State activities under this Act 
                meets the requirements of the Americans with 
                Disabilities Act of 1990 regarding 
                accessibility for individuals with 
                disabilities.
                  (F) Other information.--Such other 
                information as the Secretary may reasonably 
                require.

SEC. 5. GRANTS TO STATES FOR PROTECTION AND ADVOCACY RELATED TO 
                    ASSISTIVE TECHNOLOGY.

  (a) Grants to States.--The Secretary shall make a grant to an 
entity in each State to support protection and advocacy 
services through the systems established to provide protection 
and advocacy services under the Developmental Disabilities 
Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.) for 
the purposes of assisting in the acquisition, utilization, or 
maintenance of assistive technology or assistive technology 
services for individuals with disabilities.
  (b) Amount of Financial Assistance.--
          (1) Grants to outlying areas and american indian 
        consortium.--
                  (A) Outlying areas.--From the funds 
                appropriated under section 8(b) for any fiscal 
                year, the Secretary shall make a grant in an 
                amount of not more than $30,000 to each 
                eligible system within an outlying area.
                  (B) American indian consortium.--From the 
                funds appropriated under section 8(b) for any 
                fiscal year, the Secretary shall make a grant 
                in an amount of not more than $30,000 to the 
                American Indian Consortium to provide services 
                in the same manner as an eligible system 
                described under this section. If the amount 
                appropriated under section 8(b) for a fiscal 
                year exceeds the amount appropriated under such 
                section for the preceding fiscal year, then the 
                amount referred to in the preceding sentence 
                shall be increased for such fiscal year by the 
                same percentage as such amount appropriated 
                under section 8(b) exceeds the amount 
                appropriated under such section for the 
                preceding fiscal year.
          (2) Grants to states.--For any fiscal year, after 
        reserving funds to make grants under paragraph (1), the 
        Secretary shall make allotments from the remainder of 
        the funds in accordance with paragraph (3) to eligible 
        systems within States to support protection and 
        advocacy services as described in subsection (a). The 
        Secretary shall make grants to the eligible systems 
        from the allotments.
          (3) Systems within states.--
                  (A) Population basis.--Except as provided in 
                subparagraph (B), from such remainder for each 
                fiscal year, the Secretary shall make an 
                allotment to the eligible system within a State 
                of an amount bearing the same ratio to such 
                remainder as the population of the State bears 
                to the population of all States.
                  (B) Minimums.--Subject to the availability of 
                appropriations to carry out this section, the 
                allotment to any system under subparagraph (A) 
                shall be not less than $50,000, and the 
                allotment to any system under this paragraph 
                for any fiscal year that is less than $50,000 
                shall be increased to $50,000.
          (4) Reallotment.--Whenever the Secretary determines 
        that any amount of an allotment under paragraph (3) to 
        a system within a State for any fiscal year will not be 
        expended by such system in carrying out the provisions 
        of this section, the Secretary shall make such amount 
        available for carrying out the provisions of this 
        section to all other systems in the same proportion 
        such amounts were first allocated to such systems.
          (5) 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, except that program income 
        generated from such amount shall remain available for 
        two additional fiscal years and may only be used to 
        improve the awareness of individuals with disabilities 
        on the accessibility of assistive technology and 
        assisting such individuals in the acquisition, 
        utilization, or maintenance of assistive technology or 
        assistive technology services.
  (c) 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 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 and 
        assistive technology services for individuals with 
        disabilities;
          (4) developing and implementing strategies to enhance 
        the long-term abilities of individuals with 
        disabilities and their family members, guardians, 
        advocates, and authorized representatives to advocate 
        the provision of assistive technology devices and 
        assistive technology services to which the individuals 
        with disabilities are entitled under law other than 
        this Act;
          (5) coordinating activities with protection and 
        advocacy services funded through sources other than 
        this Act, and coordinating activities with the capacity 
        building and advocacy activities carried out by the 
        lead agency; and
          (6) effectively allocating carryover funds described 
        in subsection (b)(5) to improve the awareness of 
        individuals with disabilities on the accessibility of 
        assistive technology and assisting them in the 
        acquisition, utilization, or maintenance of assistive 
        technology or assistive technology services.
  (d) Reports and Updates to State Agencies.--An entity that 
receives a grant under this section shall prepare and submit to 
the lead agency the report described in subsection (c) and 
quarterly updates concerning the activities described in 
subsection (c).
  (e) Coordination.--On making a grant under this section to an 
entity in a State, the Secretary shall solicit and consider the 
opinions of the lead agency of the State designated under 
section 4(d) with respect to efforts at coordination, 
collaboration, and promoting outcomes between the lead agency 
and the entity that receives the grant under this section.

SEC. 6. ADMINISTRATIVE PROVISIONS.

  (a) General Administration.--Notwithstanding any other 
provision of law, the Rehabilitation Services Administration in 
the Office of Special Education and Rehabilitative Services of 
the Department of Education shall be responsible for the 
administration of this Act.
  (b) Review of Participating Entities.--
          (1) In general.--The Secretary shall assess the 
        extent to which entities that receive grants pursuant 
        to this Act are complying with the applicable 
        requirements of this Act and achieving the 
        quantifiable, measurable goals that are consistent with 
        the requirements of the grant programs under which the 
        entities applied for the grants.
          (2) Provision of information.--To assist the 
        Secretary in carrying out the responsibilities of the 
        Secretary under this section, the Secretary may require 
        States to provide relevant information, including the 
        information required under subsection (d).
  (c) Corrective Action and Sanctions.--
          (1) Corrective action.--If the Secretary determines 
        that an entity fails to substantially comply with the 
        requirements of this Act or to substantially make 
        progress towards meeting the goals established under 
        section 4(e)(2)(B) with respect to a grant program, the 
        Secretary shall assist the entity through technical 
        assistance funded under section 7 or other means, 
        within 90 days after such determination, to develop a 
        corrective action plan.
          (2) Sanctions.--An entity that fails to develop and 
        comply with a corrective action plan as described in 
        paragraph (1) during a fiscal year shall be subject to 
        one of the following corrective actions selected by the 
        Secretary:
                  (A) Partial or complete withholding of funds 
                under the grant program until such plan is 
                developed and implemented.
                  (B) Reduction in the amount of funding that 
                may be used for indirect costs under section 
                4(b)(4) for the following year under the grant 
                program.
                  (C) Required redesignation of the lead agency 
                designated under section 4(d) or an entity 
                responsible for administering the grant 
                program.
          (3) Appeals procedures.--The Secretary shall 
        establish appeals procedures for entities that are 
        found to be in noncompliance with the requirements of 
        this Act or have not substantially made progress 
        towards meeting the goals established under section 
        4(e)(2)(B).
          (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.--
          (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 information 
        on--
                  (A) the type of alternative financing 
                mechanisms used by each State under the 
                program;
                  (B) the amount and type of assistance given 
                to consumers (who shall be classified by age, 
                type of disability, type of assistive 
                technology device or assistive technology 
                service financed through the program, 
                geographic distribution within the State, 
                gender, and whether the consumers are part of 
                an underrepresented population or rural 
                population), including--
                          (i) the number of applications for 
                        assistance received;
                          (ii) the number of applications 
                        approved and rejected;
                          (iii) the default rate;
                          (iv) the range and average interest 
                        rate;
                          (v) the range and average income of 
                        approved loan applicants; and
                          (vi) the types and dollar amounts of 
                        assistive technology financed;
                  (C) the number, type, and length of time of 
                loans of assistive technology devices provided 
                to individuals with disabilities, employers, 
                public agencies, or public accomodations, 
                including an analysis of the individuals with 
                disabilities who have benefited from the device 
                loan program;
                  (D) the number, type, estimated value, and 
                scope of device reutilization programs, 
                including an analysis of the individuals with 
                disabilities that have benefited from the 
                device loan program;
                  (E) the number and type of equipment 
                demonstrations provided, including an analysis 
                of individuals with disabilities who have 
                benefited from the program;
                  (F) a summary of the State plans and annual 
                reports submitted by the States, including an 
                analysis of the progress of the States in 
                meeting their goals established in the State 
                application;
                  (G) the number of individuals who received 
                training and the topics of such training;
                  (H) the frequency and nature of technical 
                assistance provided to State and local 
                governmental agencies and other entities; and
                  (I) the outcomes of interagency coordination 
                and collaboration activities carried out by the 
                State, as applicable, that support access to 
                assistive technology including the type, 
                purpose, and source of leveraged funding or 
                other contributed resources from public and 
                private entities.
  (e) Effect on Other Assistance.--This Act may not be 
construed as authorizing a Federal or a State agency to reduce 
medical or other assistance available, or to alter eligibility 
for a benefit or service, under any other Federal law.

SEC. 7. NATIONAL ACTIVITIES.

  (a) In General.--Through grants, contracts, or cooperative 
agreements, awarded on a competitive basis, the Secretary is 
authorized to provide technical assistance to entities, 
principally entities funded under section 4 or 5.
  (b) Input.--In designing the program to be funded under this 
section, and in deciding the differences in function between 
national and regionally based technical assistance efforts 
carried out through the program, the Secretary shall consider 
the input of the directors of comprehensive statewide programs 
of technology-related assistance 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; and
          (3) individuals employed by protection and advocacy 
        systems funded under section 5.
  (c) Authorized Activities.--The Secretary shall support 
activities designed to maximize the impact and benefit of 
assistive technology devices and assistive technology services 
for individuals with disabilities, including the following 
activities:
          (1) National public internet site.--
                  (A) Establishment of internet site.--The 
                Secretary shall fund the establishment and 
                maintenance of a National Public Internet Site 
                for the purposes of providing to individuals 
                with disabilities and the general public 
                technical assistance and information on 
                increased access to assistive technology 
                devices, assistive technology services, and 
                other disability-related resources.
                  (B) Eligible entity.--To be eligible to 
                receive a grant or enter into a contract or 
                cooperative agreement under subsection (a) to 
                establish and maintain the Internet site, an 
                entity shall be an institution of higher 
                education that emphasizes research and 
                engineering, has a multidisciplinary research 
                center, and has 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 education, 
                        information, and referral services to 
                        individuals with disabilities, 
                        including technology-based curriculum 
                        development services for adults with 
                        low-level reading skills;
                          (iv) developing cooperative 
                        partnerships with the private sector, 
                        particularly with private sector 
                        computer software, hardware, and 
                        Internet services entities; and
                          (v) developing and designing advanced 
                        Internet sites.
                  (C) Features of internet site.--The National 
                Public Internet Site described in subparagraph 
                (A) 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) Resources for a number 
                                of disabilities.--The site 
                                shall include resources 
                                relating to the largest 
                                possible number of 
                                disabilities, including 
                                resources relating to low-level 
                                reading skills.
                          (iv) Links to private sector 
                        resources and information.--To the 
                        extent feasible, the site shall be 
                        linked to relevant private sector 
                        resources and information, under 
                        agreements developed between the 
                        institution of higher education and 
                        cooperating private sector entities.
                  (D) Minimum library components.--At a 
                minimum, the Internet site shall maintain 
                updated information on--
                          (i) how to plan, develop, implement, 
                        and evaluate activities to further 
                        extend comprehensive statewide programs 
                        of technology-related assistance, 
                        including the development and 
                        replication of effective approaches 
                        to--
                                  (I) providing information and 
                                referral services;
                                  (II) promoting interagency 
                                coordination of training and 
                                service delivery among public 
                                and private entities;
                                  (III) conducting outreach to 
                                underrepresented populations 
                                and rural populations;
                                  (IV) mounting successful 
                                public awareness activities;
                                  (V) improving capacity 
                                building in service delivery;
                                  (VI) training personnel from 
                                a variety of disciplines; and
                                  (VII) improving evaluation 
                                strategies, research, and data 
                                collection;
                          (ii) 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;
                          (iii) successful approaches to 
                        increasing the availability of public 
                        and private funding for and access to 
                        the provision of assistive technology 
                        devices and assistive technology 
                        services by appropriate State agencies; 
                        and
                          (iv) demonstration sites where 
                        individuals may try out assistive 
                        technology.
          (2) Technical assistance efforts.--The Secretary 
        shall, on a competitive basis, make grants to, or enter 
        into cooperative agreements with, eligible entities--
                  (A) to address State-specific information 
                requests concerning assistive technology from 
                other entities funded under this Act and public 
                entities not funded under this Act, including--
                          (i) requests for state-of-the-art, or 
                        model, Federal, State, and local laws, 
                        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;
                          (ii) 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;
                          (iii) 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;
                          (iv) 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;
                          (v) other requests for technical 
                        assistance from other entities funded 
                        under this Act and public entities not 
                        funded under this Act; and
                          (vi) other assignments specified by 
                        the Secretary, including assisting 
                        entities described in section 6(b) to 
                        develop corrective action plans; and
                  (B) to assist targeted individuals 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 subparagraph (A).
  (d) Eligible Entities.--To be eligible to compete for grants, 
contracts, and cooperative agreements under this section, 
entities shall have documented experience with and expertise in 
assistive technology service delivery or systems, interagency 
coordination, and capacity building and advocacy activities.
  (e) Application.--To be eligible to receive a grant, 
contract, or cooperative agreement under this section, an 
entity shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the 
Secretary may require.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

  (a) State Grants for Assistive Technology; National 
Activities.--There are authorized to be appropriated to carry 
out sections 4 and 7 of this Act $21,524,000 for fiscal year 
2005 and such sums as may be necessary for each of fiscal years 
2006 through 2010. Of the amount appropriated pursuant to the 
authorization of appropriations under this subsection for a 
fiscal year, not more than $1,235,000 may be made available to 
carry out section 7 of this Act.
  (b) State Grants for Protection and Advocacy.--There are 
authorized to be appropriated to carry out section 5 of this 
Act $4,419,000 for fiscal year 2005 and such sums as may be 
necessary for each of fiscal years 2006 through 2010.