The Independence Through Assistive Technology Act of 2003
Proposed by
The Technology and Telecommunications Task Force
Of the
Consortium for Citizens with Disabilities
REV. March, 2004
FINDINGS AND PURPOSE
(a) Findings--Congress finds the following:
(1) Over 54 million Americans have disabilities with almost half experiencing severe disabilities that affect their ability to see, hear, reason walk or perform other basic life functions.
(2) Disability is a natural part of the human experience and in no way diminishes the right of individuals to live independently; enjoy self-determination and make choices; benefit from an education; pursue meaningful careers and enjoy full inclusion and integration in the economic, political, social, cultural and educational mainstream of society in the United States.
(3) Too many Americans with disabilities are outside the economic and social mainstream of American life. For example, they are less likely than their non-disabled peers to graduate from high school, participate in post-secondary education, work, own a home, participate fully in the their community, vote or use the computer and the internet.
(4) As President’ Bush’s New Freedom Initiative states, “Assistive and universally designed technologies can be a powerful tool for millions of Americans with disabilities, dramatically improving one’s quality of life and ability to engage in productive work. New technologies are opening opportunities for even those with the most severe disabilities. For example, some individuals with quadriplegia can now operate computers by the glance of an eye”
(5) According to the National Council on Disability, “for Americans without disabilities, technology makes things easier. For Americans with disabilities, technology makes things possible.”
(6) Substantial progress has been made in the development of assistive technology devices and accessible information technology and telecommunications systems. These devices and systems can facilitate communication, ensure independent functioning, enable early childhood development, support educational achievement, provide and enhance employment options and enable full participation in community living. Access to such devices and systems can also reduce expenditures associated with early childhood intervention, education, rehabilitation and training, employment, residential living, independent living, recreation opportunities , and other aspects of daily living.
(7) Over the last 15 years, the federal government has invested in the development of statewide comprehensive systems of assistive technology which have proven effective in assisting individual with disabilities in accessing assistive technology devices and services. Federal dollars fund statewide infrastructures that support equipment demonstration programs, short term device loan programs, financial loan programs, equipment exchange and recycling programs, training programs, advocacy services and information and referral services.
(8) Despite the success of these programs, people with disabilities who need assistive technology and accessible information technology continue to have great need to know what technology is available, to determine what is most appropriate for them and to secure and utilize it to ensure their maximum independence and participation in society.
(9) The 2000 US Census indicates that over 21 million Americans, more than 8% of the US population, have a disability that limits their basic physical ability such as walking, climbing stairs, reaching, lifting or carrying. Nearly 12% of working age Americans, or 21.3 million, have a disability that affects their ability to work.
(10) The combination of significant recent changes in federal policy (including Section 508 of the Rehabilitation Act, accessibility provisions of the Help America Vote Act, the Olmstead Executive Order 13217 and the No Child Left Behind Act) and the rapid and unending evolution of technology require a federal investment in state assistive technology systems to ensure that people with disabilities reap the benefits of the technological revolution and participate fully in life in their communities.(b) Purposes--The purposes of this Act are—
(1) to enhance the ability of the Federal Government to—
(A) provide States with financial assistance that supports—
(i) device loan, device demonstration and experimentation, and device re-utilization programs
(ii) technical assistance and training in the provision or use of assistive technology devices and assistive technology services;
(iii) information systems relating to the provision of assistive technology devices and assistive technology services; and
(iv) improved interagency and public-private coordination that results in increased availability of assistive technology devices and assistive technology services.
(B) fund targeted emerging initiatives that address current assistive technology device demonstration, accessible information technology and telecommunications, and assistive technology service needs across the lifespan.(2) to provide States with financial assistance to undertake activities that assist each State in maintaining and strengthening cross-disability, full life-span assistive technology programs consistent with the Federal commitment to full participation and independent living of individuals with disabilities.
DEFINITIONS. In this Act
(a) ACCESSIBLE INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS - The term ‘accessible information technology and telecommunications’ means information technology or electronic and information technology as defined by Section 508 of the Rehabilitation Act rule (§1194.4) that conform to all applicable technical standards (§1194.21 through 1194.26).
(b) ASSISTIVE TECHNOLOGY - The term `assistive technology' means technology designed to be utilized in an assistive technology device or assistive technology service.
(c) 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.
(d) 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--
(1) 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;
(2) services consisting of purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities;
(3) services consisting of selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
(4) 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;
(5) 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
(6) training or technical assistance for professionals (including individuals providing education and rehabilitation services and entities that manufacture and/or sell assistive technology devices), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities.(e) 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.
(f) SECRETARY- The term `Secretary' means the Secretary of Education.
(g) STATE-
(1) 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.
(2) OUTLYING AREAS- In sections 101(c):
(A) OUTLYING AREA- The term `outlying area' means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(B) STATE- The term `State' does not include the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands
(h) TARGETED INDIVIDUALS- The term `targeted individuals' means--
(1) individuals with disabilities of all ages and their family members, guardians, advocates, and authorized representatives;
(2) individuals who work for public or private entities (including insurers or managed care providers), that have contact with individuals with disabilities;
(3) educators and related services personnel;
(4) technology experts (including web designers and procurement officials);
(5) health, allied health, and rehabilitation professionals;
(6) employers;
(7) entities that manufacture and/or sell assistive technology devices
(8) policy makers and service providers; and
(9) other appropriate individuals and entities.
TITLE I — STATE GRANT PROGRAMS
SEC. 101. GRANTS FOR STATES
(a) GRANTS TO STATES- The Secretary shall award grants, in accordance with this section, to States to support activities that increase access to assistive technology and accessible information technology and telecommunications for individuals across the lifespan and across the wide array of disabilities on a statewide basis. The Secretary shall provide assistance through such a grant to a State for five years.
(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) DEVICE DEMONSTRATIONS- The State shall directly, or in collaboration with public and private entities, demonstrate assistive technology devices (including accessible information technology and telecommunications) in settings where targeted individuals can see and try out such 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.
(B) DEVICE LOAN PROGRAMS - The State shall directly, or in collaboration with public or private entities, carry out device loan programs that provide short-term loan of assistive technology devices (including accessible information technology and telecommunications) to individuals, employers, public agencies, or others seeking to meet the needs of individuals with disabilities including complying with the Individuals with Disabilities Education Act of 1997, the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and the Rehabilitation Act of 1973 (29 U.S.C. 794).
(C) DEVICE RE-UTILIZATION PROGRAMS - The State shall directly, or in collaboration with public or private entities, carry out assistive technology device (including accessible information technology and telecommunications) re-utilization programs that provide for the exchange, recycling, or other re-utilization of assistive technology devices, which may include redistribution through device sales, loans, rentals, or gifts.
(D) TRAINING- The State shall directly, or provide support to public or private entities to, develop training materials and conduct training related to assistive technology devices, assistive technology services, and accessible information technology and telecommunications to enhance the knowledge, skills and competencies of targeted individuals.
(E) TECHNICAL ASSISTANCE - The State shall directly, or provide support to public or private entities to, provide technical assistance for state and local government agencies and community organizations to ensure the appropriate application and use of assistive technology devices and services, accessible information technology and accessible technology for e-government functions. Technical assistance shall be designed to —
(i) improve laws, regulations, policies, practices, procedures, or organizational structures that promote access to assistive technology devices (including accessible information technology and telecommunications) and assistive technology services for individuals with disabilities, and
(ii) address needs in the contexts of education, health care, employment, community living, information technology and telecommunications.
(F) TARGETED EMERGING ISSUES
(i) IN GENERAL – The State shall carry out directly, or provide support to public or private entities to carry out, at least TWO of the targeted activities:
(ii) ACTIVITIES –
(I) increasing information technology accessibility in the contexts of state government, higher education with particular attention to distance education accessibility issues, libraries, one stop employment centers or other targeted areas;
(II) increasing utilization of technology solutions to enhance community integration consistent with Olmstead Executive Order 13217;
(III) increasing access to and participation in the general K-12 education curriculum and state wide assessments through accessible and assistive technologies;
(IV) increasing access to accessible voting systems through effective and cost-effective implementation of the Help America Vote Act;
(V) increasing access to employment through accessible and assistive technologies;
(VI) supporting aging-in-place through the use of accessible and assistive technologies;
(VII) increasing utilization of technology solutions to deliver health care (rehabilitation and prevention) services and as part of health care plans;
(VIII) planning and adopting State personnel standards or professional certification procedures that apply to individuals who, or entities that, provide assistive technology services; and,
(IX) engaging in another activity to address emerging issues identified by the State that will increase access to assistive technology and accessible information technology and telecommunications.
(G) INFORMATION SYSTEM-
(i) The State shall directly, or in collaboration with public and private entities, provide for the continuation and enhancement of a statewide information and referral system designed meet the needs of individuals with disabilities, service providers, and others, relating to the availability and benefits of assistive technology devices and services, including accessible information technology and telecommunications. The system shall include a statewide toll free telephone number and a designated web site which conform to applicable accessibility standards of Section 508 of the Rehabilitation Act.
(ii) CONTENT- The system shall deliver information on —
(I) assistive technology devices and accessible information technology and telecommunications products;
(II) assistive technology services with specific data regarding provider availability within the state,
(III) the availability of resources, including funding through public and private sources, to obtain assistive technology devices, accessible information technology and telecommunications products, and assistive technology services.
(H) INTERAGENCY COORDINATION-
The State shall promote improved coordination amoung public and private entities that are responsible or have the authority to be responsible for policies, procedures, or funding for the provision of assistive technology devices (including accessible information technology and telecommunications) and assistive technology services to such individuals.(3) DISCRETIONARY ACTIVITIES-
(A) ALTERNATIVE STATE-FINANCED SYSTEMS- The State may support activities to increase access to, and funding for, assistive technology devices, including accessible information technology and telecommunications, and assistive technology services, including--
(i) the development and implementation of systems that purchase, lease, otherwise acquire or pay for the provision of assistive technology devices (including accessible information technology and telecommunications) and assistive technology services; or
(ii) the establishment of alternative State or privately financed systems of subsidies for the provision of assistive technology devices, including accessible information technology and telecommunications, and 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 providing for the purchase, lease, or other acquisition of assistive technology devices or assistive technology services; or
(VI) another mechanism that is approved by the Secretary.
(B) 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.
(C) EXPENSES- The State may pay for expenses, including travel expenses, and services, including services of qualified interpreters, readers, respite care, personal care assistants, and other reasonable and necessary expenses that may be necessary to ensure access to grant funded programs and services by individuals with disabilities, parents, guardians, or immediate family members.
(D) ADVOCACY SERVICES- The State may provide advocacy services. to assist individuals with disabilities and their family members, guardians, advocates, and authorized representatives in accessing assistive technology and accessible information technology and telecommunications.
(E) OTHER - Any other activities approved by the Secretary.(c) AMOUNT OF FINANCIAL ASSISTANCE-
(1) GRANTS TO OUTLYING AREAS- From amounts appropriated under section 105 for a fiscal year, the Secretary shall award a grant to each eligible outlying area in an amount not to exceed $150,000.
(2) GRANTS TO STATES- From amounts appropriated under section 105 for a fiscal year, the Secretary shall award a grant to each State based on the State allotment paragraph (3).
(3) ALLOTMENTS. With respect to a fiscal year, the Secretary shall allot to a State an amount that is equal to ---
(A) $500,000; and
(B) to the extent that appropriated funds remain available after the Secretary makes allotments under subparagraph (A) and awards under paragraph (1), an amount that bears the same ratio to the remaining funds as the population of the State bears to the total population of all states.
(4) RATABLE REDUCTION. For any fiscal year for which the amount appropriated to carrry out this section is insufficient to pay the full grant amounts under paragraph (1) and full allotment amounts under paragraph (3), the Secretary shall ratably reduce such amounts.
(5) CARRYOVER Any amount paid to a state program for a fiscal year under this section that remains unobligated at the end of such fiscal year shall remain available to such program for obligation during the next fiscal year for the purposes for which such amount was originally provided, expect that program income generated from such amount shall remain available to such program indefinitely.(d) APPLICATION
Any State that desires to receive a grant under this section shall submit an application to the Secretary.
(1) DESIGNATION OF LEAD AGENCY AND IMPLEMENTING ENTITY-
(A) IN GENERAL- The application shall identify and describe the public agency designated by the Governor as the lead agency to control and administer the funds made available through the grant awarded to the State under this section and the entity designated by the Governor to be the agency, office, program, or entity which shall carry out State activities under this section, if such entity is different than the lead agency. In designating the entity to carry out grant activities, the Governor may designate--
(i) a commission, council, or other official body appointed by the Governor;
(ii) a public-private partnership or consortium;
(iii) a public agency, including the immediate office of the Governor of the State, a State oversight office, a State agency, a public institution of higher education, a University Center for Excellence in Developmental Disabilities Education, Research and Service, or another public entity;
(iv) a council established under Federal or State law;
(v) a private, not for profit organization duly incorporated as a 501(c)3 entity; or
(v) another appropriate office, agency, entity, or organization.
(B) EXPERTISE, EXPERIENCE, AND ABILITY - The application shall describe the expertise, experience and ability of entity designated in section (A) to carry out grant activities including the entity’s expertise, experience, and ability to--
(i) provide leadership in developing State initiatives related to assistive technology and accessible information technology and telecommunications;
(ii) respond to assistive technology and accessible information technology and telecommunications needs of individuals with disabilities with the full range of disabilities and of all ages;
(iii) promote availability throughout the State of assistive technology devices, assistive technology services, and accessible information technology and telecommunications.
(C) CHANGE IN AGENCY- The Governor may re-designate the lead agency if the Governor shows good cause to the Secretary why the currently designated agency should be changed, in the application or other documentation requested and approved by the Secretary.
(2) INVOLVEMENT OF INDIVIDUALS WITH DISABILITIES - The application shall describe the establishment of a body in which at least 51 percent of the membership consists of individuals with disabilities or parents, guardians, or immediate family members of individuals with disabilities representing a variety of disabilities and ages. Each state shall determine the specific mechanism(s) to be used for ensuring involvement of individuals with disabilities. The body shall provide overall direction for the development and implementation of the grant activities including:
(A) determining priority initiatives to be undertaken to improve assistive technology policies and practices according to the needs of the state, and
(B) evaluation of state grant activities as outlined in 101(b)(2)
(3) IMPLEMENTATION - The application shall include a description of
(A) how the State will implement each of the required activities in (b)(2) and those discretionary activities in (b)(3) the state has chosen to undertake, and
(B) how the State will allocate and utilize grant funds to implement these activities.
(4) ASSURANCES- The plan shall include an assurance that
(A) the State will conduct annual data collection related to required activities consistent with Section 101 (e) Progress Reports.
(B) funds received through the grant —
(i) will be expended in accordance with the provisions of this section and of the state state-identified initiatives;
(ii) will be used to supplement, and not supplant, funds available from other sources for technology-related assistance, including the provision of assistive technology devices and assistive technology services; and
(iii) will not be used to pay a financial obligation for technology-related assistance (including the provision of assistive technology devices or assistive technology services) that would have been paid with funds from other sources if funds had not been available through the grant.
(iv) will not be commingled with State or other funds; however, this assurance shall not be construed to prevent, subject to such documentation requirements as the Secretary may establish, pooling of funds received through the grant with other public or private funds to achieve a goal specified in an approved grant application.
(C) the designated lead agency shall control and administer funds made available through the grant.
(D) the State will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for funds received through the grant.
(E) the percentage of the funds made available under the grant that is used for indirect costs shall not exceed 10 percent
(F) non-federal resources amounting to 8 percent of the grant award shall be provided by the state in the form of in-kind contributions, cash, or other match approved by the Secretary.
(G) the in-kind contribution, cash or other match approved by the Secretary may be waived by the Secretary if the State demonstrates that such match would cause undue hardship.(e) PROGRESS REPORTS-
(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 title.
(i) Data from this report shall be used to address Goal 6.11 of the Healthy People 2010 initiative.
(2) CONTENTS — Such report shall include data collected pursuant to this section and 102(e). The report shall document:
(A) the number of assistive technology or accessible information technology equipment demonstrations provided;
(B) the number of assistive technology or accessible information technology devices loaned through equipment loan programs;
(C) the number and estimated value of assistive technology or accessible information technology recycled, re-sold or exchanged;
(D) the number of individuals who received training;
(E) the number and nature of technical assistance provided to state and local governmental agencies and other entities;
(F) the number of individuals assisted through the information system;
(G) the outcomes of the policy improvement initiatives carried out by the State, including a description of any written policies and procedures that the State has developed and implemented regarding access to, provision of, and funding for, assistive technology devices, accessible information technology and telecommunications, and assistive technology services, in the contexts of education, health care, employment, community living, and information technology and telecommunications, including e-government; and
(H) measured outcomes of activities undertaken to address targeted emerging issues identified in (b)(G).SEC. 102. SUPPLEMENTARY GRANTS TO STATES
(a) GRANTS TO STATES-
(1) IN GENERAL- Subject to the provisions of section 105, the Secretary shall award supplementary grants, on a competitive basis, to States to carry out 1 or more of the targeted activities described in subsection (b), either directly or through sub-grants to or other collaborative mechanisms with public or private entities.
(2) PERIOD- The Secretary shall award grants for a period of 12 months.
(3) ELIGIBLE STATES- To be eligible to receive a grant under this section, a State shall have received a grant under section 101.(b) ACTIVITIES
The State may use funds made available through a grant described in subsection (a)(1) to carry out 1 or more of the following activities that will result in the acquisition of appropriate assistive technology or accessible information technology and telecommunications by individuals with disabilities:
(1) ALTERNATIVE FINANCING LOAN PROGRAMS- the establishment or expansion of an alternative financing loan program to allow targeted individuals to purchase assistive technology devices and services, accessible information technology and telecommunications, and related goods and services required for the independence and productivity of an individual with disability including--
(A) a low-interest loan fund;
(B) an interest buy-down program;
(C) a revolving loan fund;
(D) a loan guarantee or insurance program; or
(E) another financing mechanism that is approved by the Secretary.
(2) EQUIPMENT LOAN PROGRAMS - the expansion of equipment loan programs to meet unique or comprehensive state needs.
(3) EQUIPMENT RE-UTILIZATION PROGRAMS - the expansion of equipment recycling or exchange programs to meet unique or comprehensive state needs.
(4) Engaging in another activity, pursuant to a priority mechanism announced by the Secretary, that will address the unmet technology needs of individuals with disabilities through a short-term investment of federal funding.(c) AMOUNTS OF SUPPLEMENTARY GRANTS-
(1) PAYMENTS TO STATES- The Secretary shall make payments to States and to outlying areas that successfully compete for supplementary grants awarded under this section, in accordance with the requirements of this section.
(2) OBLIGATION AND EXPENDITURE- A State that receives a grant under this section must obligate and expend the funds made available through the grant during the period of the grant.
(3) MATCHING REQUIREMENT- A State that receives a grant under this section in an amount that exceeds $50,000 shall make available non-Federal contributions in an amount not less than $1 for every $2 of the amount that exceeds $50,000. Non-federal match may be in the form of in-kind contribution, cash or other match determined acceptable by the Secretary.(d) APPLICATIONS-
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 require including —
(1) PARTNERS- A description of the partners involved in carrying out statewide activities under the grant, including--
(A) the identity of each partner;
(B) the direct or indirect involvement of each partner with individuals witih disabilities
(B) the role of each partner in the development of the application;
(C) the capacity of each partner to contribute to the grant activities; and
(D) the contribution of each partner to the grant activities.
(2) TARGETED INDIVIDUALS- A description of how targeted individuals, especially individuals with disabilities who use assistive technology, or their authorized representatives, were involved in the development of the application and will be involved in the implementation of the activities to be carried out under the grant.
(3) RESOURCES- A description of State resources and other resources that have been committed to carry out the activities including
(A) an assurance that the State will provide any required non-federal share of the cost of the program or activities,
(B) an assurance that the State will make every effort to continue the program or activities on a permanent basis,
(C) an assurance that the funds made available through the grant to support the program or activities will be used to supplement and not supplant other funds available to provide such programs or activities, and
(D) an assurance that the percentage of the funds made available under the grant that is used for indirect costs shall not exceed 10 percent.
(4) GOALS AND ACTIVITIES-
(A) IN GENERAL- A description of--
(i) the goals the State has set for the supplementary grant; and
(ii) the activities the State will undertake to achieve such goals, in accordance with the requirements of subsections (b) and (c).
(B) MEASURES OF GOAL ACHIEVEMENT- A description of how the State will measure whether the goals set by the State have been achieved.
(5) USE OF FUNDS- A description of the proposed use of funds to meet identified goals.
(6) REPORTS- An assurance that the State will prepare and submit a report to the Secretary as required by section 102(e).
(7) OTHER INFORMATION AND ASSURANCES-
(A) ALTERNATIVE FINANCING LOAN PROGRAMS — for supplementary grants for alternative financing loan programs an assurance that
(i) all federal funds that support the alternative financing loan 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,
(ii) funds comprised of the principal and interest from the account will be not be used for any purpose other than support of the alternative financing loan program,
(iii) if the funds in the account are invested, they will be invested in low-risk securities in which a regulated insurance company may invest under the law of the State,
(iv) the funds in the account will be administered with the same judgement and care that a person of prudence, discretion, and intelligence would exercise in the management of the financial affairs of such person,
(B) EQUIPMENT LOAN PROGRAMS AND EQUIPMENT RE-UTILIZATION PROGRAMS — an assurance that any supplementary grants funds will be used to expand the program required under Section 101(b)(2).(e) PROGRESS REPORTS-
(1) IN GENERAL — Each State that receives a grant under this section shall prepare and submit to the Secretary, within eighteen months after the date that the State receives the grant, a report that documents the progress of the State or entity in meeting the goals described in subsection (e)(4).
(2) ALTERNATIVE FINANCING LOAN PROGRAM DATA REQUIRED — A State that receives a grant for purposes of carrying out the activities described in (b)(1) shall provide loan data for the time period of the grant award including the
(A) number and dollar amount of:
(i) loan applications received
(ii) loan applications approved
(iii) loan applications not approved
(B) default rate,
(C) range and average interest rate,
(D) range and average income of approved loan applicants, and
(E) types and dollar amounts of assistive technology financed.
(F) outcomes of the loan program, including information relevant to the benefits to indivuals utilizing the program
(3) EQUIPMENT LOAN PROGRAMS DATA REQUIRED - A State that receives a grant for purposes of carrying out the activities described in subsection (b)(2) shall provide loan data for the time period of the grant award including the
(A) number and type of devices loaned,
(B) types of borrowers,
(C) purposes for equipment loans, and
(D) outcomes of device loans, including information relevant to the benefits to indivuals utilizing the program.
(4) EQUIPMENT RE-UTILIZATION PROGRAMS - A State that receives a grant for purposes of carrying out the activities described in subsection (b)(3) shall provide equipment re-utilization data for the time period of the grant award including the
(A) number and type of devices recycled or exchanged, and
(B), outcomes of the re-utilization program, including information relevant to the cost savings and other benefits to indivuals utilizing the program .Section 103. TECHNICAL ASSISTANCE PROGRAM
(a) IN GENERAL — The Secretary shall reserve not less than $700,000, or an amount equal to 2 percent of the amount appropriated under section 105 for a fiscal year, whichever is greater, to provide States with information and technical assistance with respect to the implementation of activities undertaken to increase access to assistive technology and accessible information technology and telecommunications as funded by Section 101 and 102 grants.
(b) SPECIFIC REQUIREMENTS The information and technical assistance provided under subsection (a) shall
(1) address assistive technology and accessible information technology issues in the areas of education, employment, health care, community living, and telecommunications and information technology consistent with the Federal commitment under the New Freedom Initiative,
(2) include Section 101 and 102 grantees in the planning and identification of priority issues and needs, and
(3) be developed and implemented in collaboration with organizations representing state assistive technology programs, state procurement officers, state chief information officers and other organizations representing state agencies actively engaged in the delivery of assistive technology and accessible information technology and telecommunications.
Section 104. ADMINISTRATIVE PROVISIONS
(a) REVIEW OF PARTICIPATING ENTITIES — 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.
(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 103 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)(1).
(3) APPEALS PROCEDURES. The Secretary shall establish appeals procedures for entities that are found to be in non-compliance with the requirements of this title.(c) EFFECT ON OTHER ASSISTANCE. This title may not be construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility for a benefits or service, under any other Federal law.
Section 105. AUTHORIZATION OF APPROPRIATIONS
(a) IN GENERAL. There are authorized to be appropriated to carry out this title $51,000,000 for fiscal year 2004 and such sums as may be necessary for fiscal years 2005 through 2010.
(b) RESERVATION OF FUNDS. If the amount appropriated under subsection (a) for a fiscal year
(1) is less than $36,000,000, 100 percent of such amount shall be allocated to carry out sections 101(c)(3) and 103(a).
(2) is $36,000,000 or more, the Secretary may allocate any portion or all of the funding in excess of $36,000,000 to fund grants under section 102.TITLE II — STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES RELATED TO ASSISTIVE TECHNOLOGY
(a) IN GENERAL– The Secretary shall make grants to protection and advocacy systems in each state for the purpose of enabling such systems to assist in the acquisition, utilization or maintenance of assistive technology devices or assistive technology services for individuals with disabilities. In providing such services, protection and advocacy systems shall have the same general authorities as they are afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et. seq.).
(b) PAYMENT OF GRANTS-
(1) RESERVATION FOR TECHNICAL ASSISTANCE- The Secretary shall set aside 2 percent of the total amount appropriated under subsection (f) of this section or $200,000, which ever amount is greater, to provide training and technical assistance to protection and advocacy systems.
(2) POPULATION BASIS- On October 1 of each year, after the reservation required by paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system within each State in an amount bearing the same ratio to the total amount appropriated for the fiscal year involved under subsection (f) of this section as the population of the State in which the grantee is located bears to the population of all States.
(3) MINIMUMS- Subject to the availability of appropriations, the amount of a grant to a protection and advocacy system under subparagraph (2) for a fiscal year shall--
(A) in the case of a protection and advocacy system located in American Samoa, Guam, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $20,000; and
(B) in the case of a protection and advocacy system in a State not described in subparagraph (A), not be less than $50,000.
(4) PAYMENT TO THE SYSTEM SERVING THE AMERICAN INDIAN CONSORTIUM- The Secretary shall make grants to the protection and advocacy system serving the American Indian Consortium to provide services in accordance with this section; the amount of such grants shall be the same as provided under paragraph (3)(A), as increased under paragraph (5).
(5) INFLATION ADJUSTMENT- For each fiscal year in which the total amount appropriated under subsection (f) of this section is $4,500,000 or more, and such appropriated amount exceeds the total amount appropriated under such subsection for the preceding fiscal year, the Secretary shall increase each of the minimum grant amounts described in subparagraphs (A) and (B) of paragraph (3) by a percentage equal to the percentage increase in the total amount appropriated under subsection (f) of this section to carry out this section between the preceding fiscal year and the fiscal year involved.
(c) CARRYOVER- Any amount paid to a protection and advocacy 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 next fiscal year for the purposes for which such amount was originally provided, except that program income generated from such amount shall remain available to such system indefinitely.
(d) DIRECT PAYMENT- Notwithstanding any other provision of law, the Secretary shall pay directly to any protection and advocacy system that complies with the provisions of this section, the total amount of the grant for such system, unless the system provides otherwise for such payment.
(e) ANNUAL REPORT- Each protection and advocacy system that receives a payment under this section shall submit an annual report to the Secretary concerning the services provided to individuals with disabilities for the purposes of assisting in the acquisition, utilization or maintenance of assistive technology devices or services.
(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $6,000,000 for fiscal year 2004, and such sums as may be necessary for each subsequent fiscal year through 2010.
(g) DEFINITIONS- In this section:
(1) AMERICAN INDIAN CONSORTIUM- The term “American Indian consortium” means a consortium established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
(2) PROTECTION AND ADVOCACY SYSTEM- The term “protection and advocacy system” means a protection and advocacy system established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 15041 et seq.).
(3) STATE- The term “State”, unless otherwise specified, means 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.
