,,ii #aafth ,,congress #ast ,session ,s4 #ahce ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ac1 #bjai,mr4 ,casey 7for himself and ,ms4 ,collins7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to reauthorize the ,assistive ,technology ,act of #aiih1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the #bast ,century ,assistive ,technology ,act4 #b4 ,reauthorization ,the ,assistive ,technology ,act of #aiih 7#bi ,u4,s4,c4 #cjja et seq47 is amended to read as follows3 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,assistive ,technology ,act of #aiih4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings and purposes4,sec4 #c4 ,definitions4,sec4 #d4 ,grants for ,state assistive technology programs4,sec4 #e4 ,state grants for protection and advocacy services related to assistive technology4,sec4 #f4 ,technical assistance and data collection support4,sec4 #g4 ,projects of national significance4,sec4 #h4 ,administrative provisions4,sec4 #i4 ,authorization of appropriations2 reservations and distribution of funds4 #b4 ,findings and purposes 7a7 ,findings ,congress finds the following3 7#a7 ,over #ed1jjj1jjj individuals in the ,united ,states have disabilities1 with almost half experiencing severe disabilities that affect their ability to see1 hear1 communicate1 reason1 walk1 or perform other basic life functions4 7#b7 ,disability is a natural part of the human experience and in no way diminishes the right of individuals to-- 7,a7 live independently2 7,b7 enjoy self-determination and make choices2 7,c7 benefit from an education2 7,d7 pursue competitive1 integrated employment2 and 7,e7 enjoy full inclusion and integration in the economic1 political1 social1 cultural1 and educational mainstream of society in the ,united ,states4 7#c7 ,technology is one of the primary engines for economic activity1 education1 and innovation in the ,nation1 and throughout the world4 ,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 ,states4 7#d7 ,as technology has come to play an increasingly important role in the lives of all persons in the ,united ,states1 in the conduct of business1 in the functioning of government1 in the fostering of communication1 in the conduct of commerce1 and in the provision of education1 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 ,states4 ,any development in mainstream technology will have profound implications for individuals with disabilities in the ,united ,states4 7#e7 ,substantial progress has been made in the development of assistive technology devices1 including adaptations to existing devices that facilitate activities of daily living that significantly benefit individuals with disabilities of all ages4 ,these devices1 including adaptations1 increase involvement in1 and reduce expenditures associated with1 programs and activities that facilitate communication1 ensure independent functioning1 enable early childhood development1 support educational achievement1 provide and enhance employment options1 and enable full participation in community living for individuals with disabilities4 ,access to such devices can also reduce expenditures associated with early childhood intervention1 education1 rehabilitation and training1 health care1 employment1 residential living1 independent living1 recreation opportunities1 and other aspects of daily living4 7#f7 ,over the last #ae years1 the ,federal ,government has invested in the development of comprehensive statewide programs of technology-related assistance1 which have proven effective in assisting individuals with disabilities in accessing assistive technology devices and assistive technology services4 ,this partnership between the ,federal ,government and the ,states provided an important service to individuals with disabilities by strengthening the capacity of each ,state to assist individuals with disabilities of all ages meet their assistive technology needs4 7#g7 ,despite the success of the ,federal-,state partnership in providing access to assistive technology devices and assistive technology services1 there is a continued need to provide information and legally based advocacy about the availability of assistive technology1 advances in improving accessibility and functionality of assistive technology1 and appropriate methods to secure and utilize assistive technology in order to maximize the independence and participation of individuals with disabilities in society4 7#h7 ,the combination of significant recent changes in ,federal policy 7including changes to section #ejh of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;d71 accessibility provisions of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aecja et seq471 and the amendments made to the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcja et seq47 by the ,no ,child ,left ,behind ,act of #bjja 7,public ,law #ajg-aaj2 #aae ,stat4 #adbe7 and the rapid and unending evolution of technology require a ,federal-,state investment in ,state assistive technology programs1 as well as an investment in protection and advocacy systems1 to continue to ensure that individuals with disabilities reap the benefits of the technological revolution and participate fully in life in their communities4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to support ,state efforts to improve the provision of assistive technology to individuals with disabilities through a comprehensive statewide continuum of integrated activities1 for individuals with disabilities of all ages1 that are designed to-- 7,a7 increase the availability of1 funding for1 access to1 provision of1 and training about assistive technology devices and assistive technology services2 7,b7 increase the ability of individuals with disabilities of all ages to secure and maintain possession of assistive technology devices as such individuals make the transition between services offered by educational or human service agencies or between settings of daily living 7for example1 between home and work72 7,c7 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 ages2 7,d7 increase the involvement of individuals with disabilities and1 if appropriate1 their family members1 guardians1 advocates1 and authorized representatives1 in decisions related to the provision of assistive technology devices and assistive technology services2 7,e7 increase and promote coordination among ,state agencies1 between ,state and local agencies1 among local agencies1 and between ,state and local agencies and private entities 7such as managed care providers71 that are involved or are eligible to be involved in carrying out activities under this ,act2 7,f7 increase the awareness and facilitate the change of laws1 regulations1 policies1 practices1 procedures1 and organizational structures1 that facilitate the availability or provision of assistive technology devices and assistive technology services2 and 7,g7 increase awareness and knowledge of the benefits of assistive technology devices and assistive technology services among individuals with disabilities and their families1 older individuals and their families1 and the general population2 and 7#b7 to provide ,states and protection and advocacy systems with financial assistance that supports programs designed to maximize the ability of individuals with disabilities and their family members1 guardians1 advocates1 and authorized representatives to obtain assistive technology devices and assistive technology services4 #c4 ,definitions ,in this ,act3 7#a7 ,adult service program ,the term adult service program means a program that provides services to1 or is otherwise substantially involved with the major life functions of1 individuals with disabilities4 ,such term includes-- 7,a7 a program providing residential1 supportive1 or employment services1 or employment-related services1 to individuals with disabilities2 7,b7 a program carried out by a center for independent living1 such as a center described in part ,c of title ,,vii of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gif;f et seq472 7,c7 a program carried out by an employment support agency connected to adult vocational rehabilitation1 such as a one-stop partner1 as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb72 and 7,d7 a program carried out by another organization or vender licensed or registered by the designated ,state agency1 as defined in section #g of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gje74 7#b7 ,american indian consortium ,the term ,american ,indian consortium means an entity that is an ,american ,indian ,consortium 7as defined in section #ajb of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejjb771 and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle ,c of title ,i of such ,act 7#db ,u4,s4,c4 #aejda et seq474 7#c7 ,assistive technology ,the term assistive technology means technology designed to be utilized in an assistive technology device or assistive technology service4 7#d7 ,assistive technology device ,the term assistive technology device means any item1 piece of equipment1 or product system1 whether acquired commercially1 modified1 or customized1 that is used to increase1 maintain1 or improve functional capabilities of individuals with disabilities4 7#e7 ,assistive technology service ,the term assistive technology service means any service that directly assists an individual with a disability in the selection1 acquisition1 or use of an assistive technology device4 ,such term includes-- 7,a7 the evaluation of the assistive technology needs of an individual with a disability1 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 individual2 7,b7 a service consisting of purchasing1 leasing1 or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities2 7,c7 a service consisting of selecting1 designing1 fitting1 customizing1 adapting1 applying1 maintaining1 repairing1 replacing1 or donating assistive technology devices2 7,d7 coordination and use of necessary therapies1 interventions1 or services with assistive technology devices1 such as therapies1 interventions1 or services associated with education and rehabilitation plans and programs2 7,e7 training or technical assistance for an individual with a disability or1 where appropriate1 the family members1 guardians1 advocates1 or authorized representatives of such an individual2 7,f7 training or technical assistance for professionals 7including individuals providing education and rehabilitation services and entities that manufacture or sell assistive technology devices71 employers1 providers of employment and training services1 or other individuals who provide services to1 employ1 or are otherwise substantially involved in the major life functions of individuals with disabilities2 and 7,g7 a service consisting of expanding the availability of access to technology1 including electronic and information technology1 to individuals with disabilities4 7#f7 ,capacity building and advocacy activities ,the term capacity building and advocacy activities means efforts that-- 7,a7 result in laws1 regulations1 policies1 practices1 procedures1 or organizational structures that promote consumer-responsive programs or entities2 and 7,b7 facilitate and increase access to1 provision of1 and funding for1 assistive technology devices and assistive technology services1 in order to empower individuals with disabilities to achieve greater independence1 productivity1 and integration and inclusion within the community and the workforce4 7#g7 ,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-- 7,a7 implemented by a ,state2 7,b7 equally available to all individuals with disabilities residing in the ,state1 regardless of their type of disability1 age1 income level1 or location of residence in the ,state1 or the type of assistive technology device or assistive technology service required2 and 7,c7 that incorporates all of the activities described in section #d7;e7 7unless excluded pursuant to section #d7;e77#f774 7#h7 ,consumer-responsive ,the term consumer-responsive-- 7,a7 with regard to policies1 means that the policies are consistent with the principles of-- 7i7 respect for individual dignity1 personal responsibility1 self-determination1 and pursuit of meaningful careers1 based on informed choice1 of individuals with disabilities2 7ii7 respect for the privacy1 rights1 and equal access 7including the use of accessible formats7 of such individuals2 7iii7 inclusion1 integration1 and full participation of such individuals in society2 7iv7 support for the involvement in decisions of a family member1 a guardian1 an advocate1 or an authorized representative1 if an individual with a disability requests1 desires1 or needs such involvement2 and 7v7 support for individual and systems advocacy and community involvement2 and 7,b7 with respect to an entity1 program1 or activity1 means that the entity1 program1 or activity-- 7i7 is easily accessible to1 and usable by1 individuals with disabilities and1 when appropriate1 their family members1 guardians1 advocates1 or authorized representatives2 7ii7 responds to the needs of individuals with disabilities in a timely and appropriate manner2 and 7iii7 facilitates the full and meaningful participation of individuals with disabilities 7including individuals from underrepresented populations and rural populations7 and their family members1 guardians1 advocates1 and authorized representatives1 in-- 7,i7 decisions relating to the provision of assistive technology devices and assistive technology services to such individuals2 and 7,,ii7 decisions related to the maintenance1 improvement1 and evaluation of the comprehensive statewide program of technology-related assistance1 including decisions that affect capacity building and advocacy activities4 7#i7 ,disability ,the term disability has the meaning given the term under section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7#aj7 ,individual with a disability2 individuals with disabilities 7,a7 ,individual with a disability ,the term individual with a disability means any individual of any age1 race1 or ethnicity-- 7i7 who has a disability2 and 7ii7 who is or would be enabled by an assistive technology device or an assistive technology service to minimize deterioration in functioning1 to maintain a level of functioning1 or to achieve a greater level of functioning in any major life activity4 7,b7 ,individuals with disabilities ,the term individuals with disabilities means more than #a individual with a disability4 7#aa7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a771 and includes a community college receiving funding under the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahja et seq474 7#ab7 ,protection and advocacy services ,the term protection and advocacy services means services that-- 7,a7 are described in subtitle ,c of title ,i of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejda et seq471 the ,protection and ,advocacy for ,individuals with ,mental ,illness ,act 7#db ,u4,s4,c4 #ajhja et seq471 or section #eji of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;e72 and 7,b7 assist individuals with disabilities with respect to assistive technology devices and assistive technology services4 7#ac7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services1 acting through the ,administrator for ,community ,living4 7#ad7 ,state 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term ,state means each of the #ej ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7,b7 ,outlying areas ,in section #d7;b73 7i7 ,outlying area ,the term outlying area means the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7ii7 ,state ,the term ,state does not include the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7#ae7 ,state assistive technology program ,the term ,state assistive technology program means a program authorized under section #d4 7#af7 ,targeted individuals and entities ,the term targeted individuals and entities means-- 7,a7 individuals with disabilities of all ages and their family members1 guardians1 advocates1 and authorized representatives2 7,b7 underrepresented populations1 including the aging workforce2 7,c7 individuals who work for public or private entities 7including centers for independent living described in part ,c of title ,,vii of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gif;f et seq471 insurers1 or managed care providers7 that have contact1 or provide services to1 with individuals with disabilities2 7,d7 educators at all levels 7including providers of early intervention services1 elementary schools1 secondary schools1 community colleges1 and vocational and other institutions of higher education7 and related services personnel2 7,e7 technology experts 7including web designers and procurement officials72 7,f7 health1 allied health1 and rehabilitation professionals and hospital employees 7including discharge planners72 7,g7 employers1 especially small business employers1 and providers of employment and training services2 7,h7 entities that manufacture or sell assistive technology devices2 7,i7 entities that carry out community programs designed to develop essential community services in rural and urban areas2 and 7,j7 other appropriate individuals and entities1 as determined for a ,state by the ,state4 7#ag7 ,underrepresented population ,the term underrepresented population means a population that is typically underrepresented in service provision1 and includes populations such as individuals who have low-incidence disabilities1 individuals who are minorities1 individuals with a total family income that is below the poverty line 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb771 individuals with limited ,english proficiency1 older individuals1 or individuals from rural areas4 7#ah7 ,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 capabilities1 which include products and services that are directly accessible 7without requiring assistive technologies7 and products and services that are interoperable with assistive technologies4 #d4 ,grants for ,state assistive technology programs 7a7 ,grants to ,states ,the ,secretary shall award grants under subsection 7b7 to ,states to maintain a comprehensive statewide continuum of integrated assistive technology activities described in subsection 7d7 through ,state assistive technology programs that are designed to-- 7#a7 maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities1 and their family members1 guardians1 advocates1 and authorized representatives1 to obtain assistive technology2 and 7#b7 to increase access to assistive technology4 7b7 ,amount of financial assistance 7#a7 ,in general ,from funds made available to carry out this section1 the ,secretary shall award a grant to each eligible ,state and eligible outlying area from an allotment determined in accordance with paragraph 7#b74 7#b7 ,calculation of ,state grants 7,a7 ,base year ,except as provided in subparagraphs 7,b7 and 7,c71 the ,secretary shall allot to each ,state and outlying area for a fiscal year an amount that is not less than the amount the ,state or outlying area received under the grants provided under section #d of this ,act 7as in effect on the day before the effective date of the #bast ,century ,assistive ,technology ,act7 for fiscal year #bjai4 7,b7 ,ratable reduction 7i7 ,in general ,if funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each ,state and outlying area under subparagraph 7,a7 for such fiscal year1 the ,secretary shall ratably reduce the allotments for such fiscal year4 7ii7 ,additional funds ,if1 after the ,secretary makes the reductions described in clause 7i71 additional funds become available to carry out this section for the fiscal year1 the ,secretary shall ratably increase the allotments1 until the ,secretary has allotted the entire base year amount under this paragraph4 7,c7 ,higher appropriation years ,for a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount described in subparagraph 7,a71 the ,secretary shall-- 7i7 make the allotments described in subparagraph 7,a72 7ii7 from the funds remaining after the allotments described in clause 7i71 allot to each ,state or outlying area an equal amount of such funds1 until each ,state has received an allotment under clause 7i7 and this clause of not less than #eej1jjj1 and each outlying area has received an allotment of #afg1ejj2 and 7iii7 from the remainder of the funds after the ,secretary makes the allotments described in clause 7ii7-- 7,i7 from #hj percent of the remainder allot to each ,state an amount that bears the same relationship to such #hj percent as the population of the ,state bears to the population of all ,states2 and 7,,ii7 from #bj percent of the remainder1 allot to each ,state an equal amount4 7#c7 ,availability of funds ,amounts made available for an award year under this section shall be available for the award year and the year following the award year4 7c7 ,lead agency1 implementing entity1 and advisory council 7#a7 ,lead agency and implementing entity 7,a7 ,lead agency 7i7 ,in general ,the ,governor of a ,state shall designate a public agency as a lead agency-- 7,i7 to control and administer the funds made available through the grant awarded to the ,state under this section2 and 7,,ii7 to submit the application described in subsection 7d7 on behalf of the ,state1 to ensure conformance with ,federal and ,state accounting requirements4 7ii7 ,duties ,the duties of the lead agency shall include-- 7,i7 preparing the application described in subsection 7d7 and carrying out ,state activities described in that application1 including making programmatic and resource allocation decisions necessary to implement the comprehensive statewide program of technology-related assistance2 7,,ii7 coordinating the activities of the comprehensive statewide program of technology-related assistance among public and private entities1 including coordinating efforts related to entering into interagency agreements1 and maintaining and evaluating the program2 and 7,,iii7 coordinating culturally competent efforts related to the active1 timely1 and meaningful participation by individuals with disabilities and their family members1 guardians1 advocates1 or authorized representatives1 and other appropriate individuals1 with respect to activities carried out through the grant4 7,b7 ,implementing entity ,the ,governor or lead agency may designate an agency1 office1 or other entity to carry out all ,state activities under this section 7referred to in this section as the implementing entity71 if such implementing entity is different from the lead agency4 ,the implementing entity shall carry out responsibilities under this ,act through a subcontract or another administrative agreement with the lead agency4 7,c7 ,change in agency or entity 7i7 ,in general ,on obtaining the approval of the ,secretary-- 7,i7 the ,governor may redesignate the lead agency of a ,state1 if the ,governor shows to the ,secretary good cause why the entity designated as the lead agency should not serve as that agency2 and 7,,ii7 the ,governor or the lead agency may redesignate the implementing entity of a ,state1 if the ,governor or lead agency shows to the ,secretary1 in accordance with subsection 7d77#b77;,b71 good cause why the entity designated as the implementing entity should not serve as that entity4 7ii7 ,construction ,nothing in this paragraph shall be construed to require the ,governor of a ,state to change the lead agency or implementing entity of the ,state to an agency other than the lead agency or implementing entity of such ,state as of the date of enactment of the ,assistive ,technology ,act of #bjjd 7,public ,law #ajh-cfd2 #aah ,stat4 #agjg74 7#b7 ,advisory council 7,a7 ,in general ,there shall be established an advisory council to provide consumer-responsive1 consumer-driven advice to the ,state for1 planning of1 implementation of1 and evaluation of the activities carried out through the grant1 including setting the measurable goals described in subsection 7d77#c77;,c74 7,b7 ,composition and representation 7i7 ,composition ,the advisory council shall be composed of-- 7,i7 individuals with disabilities that use assistive technology1 including individuals over #ej years of age1 or the family members or guardians of the individuals2 7,,ii7 a representative of the designated ,state agency1 as defined in section #g of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gje7 and the ,state agency for individuals who are blind 7within the meaning of section #aja of that ,act 7#bi ,u4,s4,c4 #gba771 if such agency is separate2 7,,iii7 a representative of a ,state center for independent living described in part ,c of title ,,vii of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gif;f et seq47 or the ,statewide ,independent ,living ,council established under section #gje of such ,act 7#bi ,u4,s4,c4 #gif;d72 7,,iv7 a representative of the ,state workforce development board established under section #aja of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caaa72 7,v7 a representative of #a or more of the following3 7aa7 the agency responsible for administering the ,state ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq472 7bb7 the designated ,state agency for purposes of section #abd of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejbd72 7cc7 the ,state agency designated under section #cje7;a77#a7 of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjbe et seq47 or an organization that receives assistant under such ,act 7#db ,u4,s4,c4 #cjja et seq472 7dd7 an organization representing injured veterans2 7ee7 ,a ,university ,center for ,excellence in ,developmental ,disabilities ,education1 ,research1 and ,service designated under section #aea7;a7 of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejfa7;a772 7ff7 the ,state protection and advocacy system established in accordance with section #adc of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejdc et seq472 or 7gg7 the ,state ,council on ,developmental ,disabilities established under section #abe of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejbe72 7,,vi7 a representative of the ,state educational agency1 as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja72 and 7,,vii7 representatives of other ,state agencies1 public agencies1 or private organizations1 as determined by the ,state4 7ii7 ,majority 7,i7 ,in general ,not less than #ea percent of the members of the advisory council shall be members appointed under clause 7i77,i71 in a manner that ensures-- 7aa7 not less than #bf percent of the members of the advisory council are individuals with disabilities described in such clause2 and 7bb7 not more than #bj percent of the members of the advisory council are family members or guardians of individuals with disabilities described in such clause4 7,,ii7 ,representatives of agencies ,members appointed under subclauses 7,,ii7 through 7,,vii7 of clause 7i7 shall not count toward the majority membership requirement established in subclause 7,i74 7iii7 ,representation ,the advisory council shall be geographically representative of the ,state and reflect the diversity of the ,state with respect to race1 ethnicity1 types of disabilities across the age span1 and users of types of services that an individual with a disability may receive4 7,c7 ,expenses ,the members of the advisory council shall receive no compensation for their service on the advisory council1 but shall be reimbursed for reasonable and necessary expenses actually incurred in the performance of official duties for the advisory council4 7,d7 ,impact on existing statutes1 rules1 or policies ,nothing in this paragraph shall be construed to affect ,state statutes1 rules1 or official policies relating to advisory bodies for ,state assistive technology programs or require changes to governing bodies of incorporated agencies who carry out ,state assistive technology programs4 7d7 ,application 7#a7 ,in general ,any ,state that desires to receive a grant under this section shall submit an application to the ,secretary1 at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,lead agency and implementing entity 7,a7 ,in general ,the application shall contain-- 7i7 information identifying and describing the lead agency referred to in subsection 7c77#a77;,a72 and 7ii7 information identifying and describing the implementing entity referred to in subsection 7c77#a77;,b71 if the ,governor or lead agency of the ,state designates such an entity4 7,b7 ,change in lead agency or implementing agency ,in any case where the ,governor or lead agency requests to redesignate a lead agency or implementing entity1 as the case may be1 the ,governor or lead agency shall include in or amend the application to request the redesignation and provide a written description of the rationale for why the entity designated as the case may be1 should not serve as that agency or entity4 7#c7 ,state plan ,the application under this subsection shall include a ,state plan for assistive technology1 consisting of-- 7,a7 a description of how the ,state will carry out a statewide continuum of integrated assistive technology activities and implement all activities described in subsection 7e7 7unless excluded by the ,state pursuant to subsection 7e77#f772 7,b7 a description of how the ,state will allocate and utilize grant funds to implement the activities1 including describing proposed budget allocations and planned procedures for tracking expenditures for the activities2 7,c7 measurable goals1 and a timeline for meeting the goals1 that the ,state has set for addressing the assistive technology needs of individuals with disabilities in the ,state related to-- 7i7 education1 including goals involving the provision of assistive technology to individuals with disabilities who receive services under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq472 7ii7 employment1 including goals involving the ,state vocational rehabilitation program carried out under title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq472 7iii7 accessible information and communication technology training2 and 7iv7 community living2 7,d7 information describing how the ,state will quantifiably measure the goals to determine whether the goals have been achieved1 in a manner consistent with the data submitted through the progress reports under subsection 7f72 and 7,e7 a description of any activities described in subsection 7e7 that the ,state will support with ,state or non-,federal funds4 7#d7 ,involvement of public and private entities ,the application shall describe how various public and private entities were involved in the development of the application and will be involved in the implementation of the activities to be carried out through the grant1 including-- 7,a7 in cases determined to be appropriate by the ,state1 a description of the nature and extent of resources that will be committed by public and private collaborators to assist in accomplishing identified goals2 and 7,b7 a description of the mechanisms established to ensure coordination of activities and collaboration between the implementing entity1 if any1 and the ,state4 7#e7 ,assurances ,the application shall include assurances that-- 7,a7 the ,state will annually collect data related to all activities described in paragraph 7#c77;,a71 including activities funded by ,state or non-,federal sources under subsection 7e77#a77;,b71 in order to prepare the progress reports required under subsection 7f72 7,b7 funds received through the grant-- 7i7 will be expended in accordance with this section2 and 7ii7 will be used to supplement1 and not supplant1 funds available from other sources for technology-related assistance1 including the provision of assistive technology devices and assistive technology services2 7,c7 the lead agency will control and administer the funds received through the grant2 7,d7 the ,state will adopt such fiscal control and accounting procedures as may be necessary to ensure proper disbursement of and accounting for the funds received through the grant2 7,e7 the physical facility of the lead agency and implementing entity1 if any1 meets the requirements of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 regarding accessibility for individuals with disabilities2 7,f7 a public agency or an individual with a disability holds title to any property purchased with funds received under the grant and administers that property2 7,g7 activities carried out in the ,state that are authorized under this ,act1 and supported by ,federal funds received under this ,act1 will comply with the standards established by the ,architectural and ,transportation ,barriers ,compliance ,board under section #ejh of the ,rehabilitation ,act of #aigc 7#bj ,u4,s4,c4 #gid;d72 and 7,h7 the ,state will-- 7i7 prepare reports to the ,secretary in such form and containing such information as the ,secretary may require to carry out the ,secretary's functions under this ,act2 and 7ii7 keep such records and allow access to such records as the ,secretary may require to ensure the correctness and verification of information provided to the ,secretary under this subparagraph4 7e7 ,use of funds 7#a7 ,required activities 7,a7 ,in general ,except as provided in subparagraph 7,b7 and paragraph 7#f71 any ,state that receives a grant under this section shall-- 7i7 use a portion of not more than #dj percent of the funds made available through the grant to carry out all of the activities described in paragraph 7#c71 of which not less than #e percent of such portion shall be available for activities described in paragraph 7#c77;,a77iii72 and 7ii7 use a portion of the funds made available through the grant to carry out all of the activities described in paragraph 7#b74 7,b7 ,state or non-,federal financial support ,a ,state receiving a grant under this section shall not be required to use grant funds to carry out the category of activities described in subparagraph 7,a71 7,b71 7,c71 or 7,d7 of paragraph 7#b7 if1 in that ,state-- 7i7 financial support is provided from ,state or other non-,federal resources or entities for that category of activities2 and 7ii7 the amount of the financial support is comparable to1 or greater than1 the amount of the portion of the funds made available through the grant that the ,state would have expended for that category of activities1 in the absence of this subparagraph4 7#b7 ,state-level activities 7,a7 ,state financing activities ,the ,state shall support ,state financing activities to increase access to1 and funding for1 assistive technology devices and assistive technology services 7which shall not include direct payment for such a device or service for an individual with a disability but may include support and administration of a program to provide such payment71 including development of systems to provide and pay for such devices and services1 for targeted individuals and entities described in section #c7af77;,a71 including-- 7i7 support for the development of systems for the purchase1 lease1 or other acquisition of1 or payment for1 assistive technology devices and assistive technology services2 or 7ii7 support for the development of ,state-financed or privately financed alternative financing systems of subsidies for the provision of assistive technology devices1 such as-- 7,i7 a low-interest loan fund2 7,,ii7 an interest buy-down program2 7,,iii7 a revolving loan fund2 7,,iv7 a loan guarantee or insurance program2 7,v7 support for a program providing for the purchase1 lease1 or other acquisition of assistive technology devices or assistive technology services2 or 7,,vi7 another mechanism that is approved by the ,secretary4 7,b7 ,device reutilization programs ,the ,state shall directly1 or in collaboration with public or private entities1 carry out assistive technology device reutilization programs that provide for the exchange1 repair1 recycling1 or other reutilization of assistive technology devices1 which may include redistribution through device sales1 loans1 rentals1 or donations4 7,c7 ,device loan programs ,the ,state shall directly1 or in collaboration with public or private entities1 carry out device loan programs that provide short-term loans of assistive technology devices to individuals1 employers1 public agencies1 or others seeking to meet the needs of targeted individuals and entities1 including others seeking to comply with the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq471 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 and section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7,d7 ,device demonstrations 7i7 ,in general ,the ,state shall directly1 or in collaboration with public and private entities1 such as one-stop partners1 as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb71 demonstrate a variety of assistive technology devices and assistive technology services 7including assisting individuals in making informed choices regarding1 and providing experiences with1 the devices and services71 using personnel who are familiar with such devices and services and their applications4 7ii7 ,comprehensive information ,the ,state shall directly1 or through referrals1 provide to individuals1 to the extent practicable1 comprehensive information about ,state and local assistive technology venders1 providers1 and repair services4 7#c7 ,state leadership activities 7,a7 ,training and technical assistance 7i7 ,in general ,the ,state shall directly1 or provide support to public or private entities with demonstrated expertise in collaborating with public or private agencies that serve individuals with disabilities1 to develop and disseminate training materials1 conduct training1 and provide technical assistance1 for individuals from local settings statewide1 including representatives of ,state and local educational agencies1 other ,state and local agencies1 early intervention programs1 adult service programs1 hospitals and other health care facilities1 institutions of higher education1 and businesses4 7ii7 ,authorized activities ,in carrying out activities under clause 7i71 the ,state shall carry out activities that enhance the knowledge1 skills1 and competencies of individuals from local settings described in such clause1 which may include-- 7,i7 general awareness training on the benefits of assistive technology and the ,federal1 ,state1 and private funding sources available to assist targeted individuals1 especially older individuals1 and entities in acquiring assistive technology2 7,,ii7 skills-development training in assessing the need for assistive technology devices and assistive technology services2 7,,iii7 training to ensure the appropriate application and use of assistive technology devices1 assistive technology services1 and accessible information and communication technology for e-government functions2 7,,iv7 training in the importance of multiple approaches to assessment and implementation necessary to meet the individualized needs of individuals with disabilities and older individuals2 and 7,v7 technical training on integrating assistive technology into the development and implementation of service plans1 including any education1 health1 discharge1 ,olmstead1 employment1 or other plan required under ,federal or ,state law4 7iii7 ,transition assistance to individuals with disabilities ,the ,state shall directly1 or provide support to public or private entities to1 develop and disseminate training materials1 conduct training1 facilitate access to assistive technology1 and provide technical assistance1 to assist-- 7,i7 students with disabilities1 within the meaning of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq471 that receive transition services2 or 7,,ii7 adults who are individuals with disabilities maintaining or transitioning to community living4 7,b7 ,public-awareness activities 7i7 ,in general ,the ,state shall conduct public-awareness activities designed to provide information to targeted individuals1 including older individuals1 and entities relating to the availability1 benefits1 appropriateness1 and costs of assistive technology devices and assistive technology services1 including-- 7,i7 the development of procedures for providing direct communication between providers of assistive technology and targeted individuals and entities1 which may include partnerships with entities in the statewide and local workforce development systems established under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq471 ,state vocational rehabilitation centers1 public and private employers1 or elementary and secondary public schools2 7,,ii7 the development and dissemination1 to targeted individuals and entities1 of information about ,state efforts related to assistive technology2 and 7,,iii7 the distribution of materials to appropriate public and private agencies that provide social1 medical1 educational1 employment1 and transportation services to individuals with disabilities4 7ii7 ,statewide information and referral system 7,i7 ,in general ,the ,state shall directly1 or in collaboration with public or private 7such as nonprofit7 entities1 provide for the continuation and enhancement of a statewide information and referral system designed to meet the needs of targeted individuals and entities4 7,,ii7 ,content ,the system shall deliver information on assistive technology devices1 assistive technology services 7with specific data regarding provider availability within the ,state71 and the availability of resources1 including funding through public and private sources1 to obtain assistive technology devices and assistive technology services4 ,the system shall also deliver information on the benefits of assistive technology devices and assistive technology services with respect to enhancing the capacity of individuals with disabilities of all ages to perform activities of daily living4 7,c7 ,coordination and collaboration ,the ,state shall coordinate activities described in paragraph 7#b7 and this paragraph1 among public and private entities that are responsible for policies1 procedures1 or funding for the provision of assistive technology devices and assistive technology services to individuals with disabilities1 service providers1 and others to improve access to assistive technology devices and assistive technology services for individuals with disabilities of all ages in the ,state4 7#d7 ,indirect costs ,not more than #aj percent of the funds made available through a grant to a ,state under this section may be used for indirect costs4 7#e7 ,funding rules 7,a7 ,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 disability4 7,b7 ,federal partner collaboration ,in order to provide the maximum availability of funding to access and acquire assistive technology through device demonstration1 loan1 reuse1 and ,state financing activities1 a ,state receiving a grant under this section shall ensure that the lead agency or implementing entity is conducting outreach to and1 as appropriate1 collaborating with1 other ,state agencies that receive ,federal funding for assistive technology1 including-- 7i7 the ,state educational agency receiving assistance under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq472 7ii7 the ,state vocational rehabilitation agency receiving assistance under title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq472 7iii7 the agency responsible for administering the ,state ,medicaid program under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq472 7iv7 the ,state agency receiving assistance under the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjja et seq472 and 7v7 any other agency in a ,state that funds assistive technology4 7#f7 ,state flexibility 7,a7 ,in general ,notwithstanding paragraph 7#a77;,a7 and subject to subparagraph 7,b71 a ,state may use funds that the ,state receives under a grant awarded under this section to carry out any #b or more of the activities described in paragraph 7#b74 7,b7 ,special rule ,notwithstanding paragraph 7#a77;,a71 any ,state that exercises its authority under subparagraph 7,a7-- 7i7 shall carry out each of the required activities described in paragraph 7#c72 and 7ii7 shall use not more than #cj percent of the funds made available through the grant to carry out such activities4 7#g7 ,assistive technology device disposition ,notwithstanding other equipment disposition policies under ,federal law1 an assistive technology device purchased to be used in activities authorized under this section may be reutilized to the maximum extent possible and then donated to a public agency1 private non-profit agency1 or individual with a disability in need of such device4 7f7 ,annual progress reports 7#a7 ,data collection ,each ,state receiving a grant under this section shall participate in data collection as required by law1 including data collection required for preparation of the reports described in paragraph 7#b74 7#b7 ,reports 7,a7 ,in general ,each ,state shall prepare and submit to the ,secretary an annual progress report on the activities carried out by the ,state in accordance with subsection 7e71 including activities funded by ,state or non-,federal sources under subsection 7e77#a77;,b71 at such time1 and in such manner1 as the ,secretary may require4 7,b7 ,contents ,the report shall include data collected pursuant to this section4 ,the report shall document1 with respect to activities carried out under this section in the ,state-- 7i7 the type of ,state financing activities described in subsection 7e77#b77;,a7 used by the ,state2 7ii7 the amount and type of assistance given to consumers of the ,state financing activities described in subsection 7e77#b77;,a7 7who shall be classified by type of assistive technology device or assistive technology service financed through the ,state financing activities1 and geographic distribution within the ,state71 including-- 7,i7 the number of applications for assistance received2 7,,ii7 the number of applications approved and rejected2 7,,iii7 the number1 and dollar amount1 of defaults for the financing activities2 7,,iv7 the range and average interest rate for the financing activities2 7,v7 the range and average income of approved applicants for the financing activities2 and 7,,vi7 the types and dollar amounts of assistive technology financed2 7iii7 the number1 type1 and length of time of loans of assistive technology devices provided to individuals with disabilities1 employers1 public agencies1 or public accommodations through the device loan program described in subsection 7e77#b77;,c71 and an analysis of the individuals with disabilities who have benefited from the device loan program2 7iv7 the number1 type1 estimated value1 and scope of assistive technology devices exchanged1 repaired1 recycled1 or reutilized 7including redistributed through device sales1 loans1 rentals1 or donations7 through the device reutilization program described in subsection 7e77#b77;,b71 and an analysis of the individuals with disabilities that have benefited from the device reutilization program2 7v7 the number and type of device demonstrations and referrals provided under subsection 7e77#b77;,d71 and an analysis of individuals with disabilities who have benefited from the demonstrations and referrals2 7vi7 7,i7 the number and general characteristics of individuals who participated in training under subsection 7e77#c77;,a7 7such as individuals with disabilities1 parents1 educators1 employers1 providers of employment services1 health care workers1 counselors1 other service providers1 or vendors7 and the topics of such training2 and 7,,ii7 to the extent practicable1 the geographic distribution of individuals who participated in the training2 7vii7 the frequency of provision and nature of technical assistance provided to ,state and local agencies and other entities2 7viii7 the number of individuals assisted through the statewide information and referral system described in subsection 7e77#c77;,b77ii7 and descriptions of the public-awareness activities under subsection 7e77#c77;,b7 with a high impact2 7ix7 the outcomes of any improvement initiatives carried out by the ,state as a result of activities funded under this section1 including a description of any written policies1 practices1 and procedures that the ,state has developed and implemented regarding access to1 provision of1 and funding for1 assistive technology devices1 and assistive technology services1 in the contexts of education1 health care1 employment1 community living1 and accessible information and communication technology1 including e-government2 7x7 the source of leveraged funding or other contributed resources1 including resources provided through subcontracts or other collaborative resource-sharing agreements1 from and with public and private entities to carry out ,state activities described in subsection 7e77#c77;,c71 the number of individuals served with the contributed resources for which information is not reported under clauses 7i7 through 7ix7 or clause 7xi71 and other outcomes accomplished as a result of such activities carried out with the contributed resources2 and 7xi7 the level of customer satisfaction with the services provided4 #e4 ,state grants for protection and advocacy services related to assistive technology 7a7 ,grants 7#a7 ,in general ,from amounts made available to carry out this section1 the ,secretary shall make grants1 through allotments under subsection 7b71 to protection and advocacy systems in each ,state for the purpose of enabling such systems to assist in the acquisition1 utilization1 or maintenance of assistive technology devices or assistive technology services for individuals with disabilities4 7#b7 ,general authorities ,in providing such assistance1 protection and advocacy systems shall have the same general authorities as the systems are afforded under subtitle ,c of title ,i of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejda et seq471 as determined by the ,secretary4 7b7 ,reservation2 distribution 7#a7 ,reservation ,for each fiscal year1 the ,secretary shall reserve1 from amounts made available to carry out this section under section #i7;b77#c77;,b71 such sums as may be necessary to carry out paragraph 7#d74 7#b7 ,population basis ,from the funds appropriated for this section for a fiscal year and remaining after the reservation required by paragraph 7#a7 has been made1 the ,secretary shall make a grant to a protection and advocacy system within each ,state in an amount bearing the same ratio to the remaining funds as the population of the ,state bears to the population of all ,states4 7#c7 ,minimums ,subject to the availability of appropriations and paragraph 7#e71 the amount of a grant to a protection and advocacy system under paragraph 7#b7 for a fiscal year shall-- 7,a7 in the case of a protection and advocacy system located in ,american ,samoa1 ,guam1 the ,united ,states ,virgin ,islands1 or the ,commonwealth of the ,northern ,mariana ,islands1 not be less than #cj1jjj2 and 7,b7 in the case of a protection and advocacy system located in a ,state not described in subparagraph 7,a71 not be less than #ej1jjj4 7#d7 ,payment to the system serving the ,american indian consortium 7,a7 ,in general ,the ,secretary shall make grants to the protection and advocacy system serving the ,american ,indian ,consortium to provide services in accordance with this section4 7,b7 ,amount of grants ,the amount of such grants shall be the same as the amount provided under paragraph 7#c77;,a74 7#e7 ,adjustment ,for each fiscal year in which the total amount appropriated under section #i7;b77#c77;,b7 to carry out this section is #h1jjj1jjj or more and such appropriated amount exceeds the total amount appropriated to carry out this section in the preceding fiscal year1 the ,secretary shall increase each of the minimum grant amounts described in subparagraphs 7,a7 and 7,b7 of paragraph 7#c7 by a percentage equal to the percentage increase in the total amount appropriated under section #i to carry out this section for the preceding fiscal year and such total amount for the fiscal year for which the determination is being made4 7c7 ,direct payment ,notwithstanding any other provision of law1 the ,secretary shall pay directly to any protection and advocacy system that complies with this section1 the total amount of the grant made for such system under this section1 unless the system provides otherwise for payment of the grant amount4 7d7 ,carryover2 program income 7#a7 ,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 year4 7#b7 ,program income ,program income generated from any amount paid to an eligible system for a fiscal year shall-- 7,a7 remain available to the eligible system until expended and be considered an addition to the grant2 and 7,b7 only be used to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition1 utilization1 or maintenance of assistive technology devices or assistive technology services4 7e7 ,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 require1 including documentation of the progress of the entity in-- 7#a7 conducting consumer-responsive activities1 including activities that will lead to increased access1 for individuals with disabilities1 to funding for assistive technology devices and assistive technology services2 7#b7 engaging in informal advocacy to assist in securing assistive technology devices and assistive technology services for individuals with disabilities2 7#c7 engaging in formal representation for individuals with disabilities to secure systems change1 and in advocacy activities to secure assistive technology devices and assistive technology services for individuals with disabilities2 7#d7 developing and implementing strategies to enhance the long-term abilities of individuals with disabilities and their family members1 guardians1 advocates1 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 ,act2 7#e7 coordinating activities with protection and advocacy services funded through sources other than this ,act1 and coordinating activities with the capacity building and advocacy activities carried out by the lead agency2 and 7#f7 effectively allocating funds made available under this section to improve the awareness of individuals with disabilities about the accessibility of assistive technology and assist such individuals in the acquisition1 utilization1 or maintenance of assistive technology devices or assistive technology services4 7f7 ,reports and updates to ,state agencies ,an entity that receives a grant under this section shall prepare and submit to the lead agency of the ,state designated under section #d7;c77#a7 the report described in subsection 7e7 and quarterly updates concerning the activities described in such subsection4 7g7 ,coordination ,on making a grant under this section to an entity in a ,state1 the ,secretary shall solicit and consider the opinions of the lead agency of the ,state with respect to efforts at coordination of activities1 collaboration1 and promoting outcomes between the lead agency and the entity that receives the grant under this section4 #f4 ,technical assistance and data collection support 7a7 ,definitions ,in this section3 7#a7 ,qualified data collection and reporting entity ,the term qualified data collection and reporting entity means an entity that-- 7,a7 has received a grant under section #d for the fiscal year for which the entity is applying for support under this section2 and 7,b7 has 7directly or through grant or contract7 personnel with-- 7i7 documented experience and expertise in administering ,state assistive technology programs2 7ii7 experience in collecting and analyzing data associated with implementing activities described in section #d7;e72 7iii7 expertise necessary to identify additional data elements needed to provide comprehensive reporting of ,state activities and outcomes2 7iv7 expertise necessary to develop and implement accessible data collection and reporting systems1 tools1 and information content that comply with the standards required under section #ejh of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;d7 and the ,web ,content ,accessibility ,guidelines #b4j 7commonly referred to as ,,wcag #b4j7 for level ,,aa developed by the ,web ,accessibility ,initiative 7or other successor standard as determined appropriate by the ,secretary72 and 7v7 experience in utilizing data to provide annual reports to ,state policymakers4 7#b7 ,qualified protection and advocacy system technical assistance provider ,the term qualified protection and advocacy system technical assistance provider means an entity that has experience in-- 7,a7 working with ,state protection and advocacy systems established in accordance with section #adc of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejdc72 and 7,b7 providing technical assistance4 7#c7 ,qualified training and technical assistance provider ,the term qualified training and technical assistance provider means an entity that-- 7,a7 has received a grant under section #d for the fiscal year for which the entity is applying for support under this section2 and 7,b7 has 7directly or through grant or contract7-- 7i7 experience and expertise in administering programs1 including developing1 implementing1 and administering all of the activities described in section #d7;e72 and 7ii7 documented experience in and knowledge about-- 7,i7 assistive technology device loan and demonstration2 7,,ii7 assistive technology device reuse2 7,,iii7 ,state financing1 including financial loans and microlending2 and 7,,iv7 ,state leadership activities4 7b7 ,technical assistance and data collection support authorized 7#a7 ,support for assistive technology training and technical assistance ,from amounts made available under section #i7;b77#a71 the ,secretary shall award1 on a competitive basis-- 7,a7 #a grant1 contract1 or cooperative agreement to a qualified training and technical assistance provider to support activities described in subsection 7d77#a7 for ,states receiving grants under section #d2 and 7,b7 #a grant1 contract1 or cooperative agreement to a qualified protection and advocacy system technical assistance provider to support activities described in subsection 7d77#a7 for protection and advocacy systems receiving grants under section #e4 7#b7 ,support for data collection and reporting assistance ,from amounts made available under section #i7;b77#b71 the ,secretary shall award1 on a competitive basis-- 7,a7 #a grant1 contract1 or cooperative agreement to a qualified data collection and reporting entity1 to enable the qualified data collection and reporting entity to carry out the activities described in subsection 7d77#b7 for ,states receiving grants under section #d2 and 7,b7 #a grant1 contract1 or cooperative agreement to a qualified protection and advocacy system technical assistance provider1 to enable the eligible protection and advocacy system to carry out the activities described in subsection 7d77#b7 for protection and advocacy systems receiving grants under section #e4 7c7 ,application 7#a7 ,in general ,to be eligible to receive a grant1 contract1 or cooperative agreement under this section1 an entity shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,input ,in awarding grants1 contracts1 or cooperative agreements under this section and in reviewing the activities proposed under the applications described in paragraph 7#a71 the ,secretary shall consider the input of the recipients of grants under sections #d and #e and other individuals the ,secretary determines to be appropriate1 especially-- 7,a7 individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such technology and assistive technology services2 7,b7 family members1 guardians1 advocates1 and authorized representatives of such individuals2 7,c7 relevant employees from ,federal departments and agencies1 other than the ,department of ,health and ,human ,services2 7,d7 representatives of businesses2 and 7,e7 venders and public and private researchers and developers4 7d7 ,authorized activities 7#a7 ,use of funds for assistive technology training and technical assistance 7,a7 ,training and technical assistance efforts ,a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider receiving a grant1 contract1 or cooperative agreement under subsection 7b77#a7 shall support a training and technical assistance program for ,states or protection and advocacy systems receiving a grant under section #d or #e1 respectively1 that-- 7i7 addresses ,state-specific information requests concerning assistive technology from entities funded under this ,act and public entities not funded under this ,act1 including-- 7,i7 requests for information on effective approaches to ,federal-,state coordination of programs for individuals with disabilities1 related to improving funding for or access to assistive technology devices and assistive technology services for individuals with disabilities of all ages2 7,,ii7 requests for state-of-the-art1 or model1 ,federal1 ,state1 and local laws1 regulations1 policies1 practices1 procedures1 and organizational structures1 that facilitate1 and overcome barriers to1 funding for1 and access to1 assistive technology devices and assistive technology services2 7,,iii7 requests for information on effective approaches to developing1 implementing1 evaluating1 and sustaining activities described in section #d or #e1 as the case may be1 and related to improving acquisition and access to assistive technology devices and assistive technology services for individuals with disabilities of all ages1 and requests for assistance in developing corrective action plans2 7,,iv7 requests for examples of policies1 practices1 procedures1 regulations1 or judicial decisions that have enhanced or may enhance access to and acquisition of assistive technology devices and assistive technology services for individuals with disabilities2 7,v7 requests for information on effective approaches to the development of consumer-controlled systems that increase access to1 funding for1 and awareness of1 assistive technology devices and assistive technology services2 and 7,,vi7 other requests for training and technical assistance from entities funded under this ,act2 7ii7 in the case of a program that will serve ,states receiving grants under section #d-- 7,i7 assists targeted individuals and entities by disseminating information and responding to requests relating to assistive technology by providing referrals to recipients of grants under section #d or other public or private resources2 and 7,,ii7 provides ,state-specific1 regional1 and national training and technical assistance concerning assistive technology to entities funded under this ,act1 other entities funded under this ,act1 and public and private entities not funded under this ,act1 including-- 7aa7 annually providing a forum for exchanging information concerning1 and promoting program and policy improvements in1 required activities of the ,state assistive technology programs2 7bb7 facilitating onsite and electronic information sharing using state-of-the-art ,internet technologies such as real-time online discussions1 multipoint video conferencing1 and web-based audio_/video broadcasts1 on emerging topics that affect ,state assistive technology programs2 7cc7 convening experts from ,state assistive technology programs to discuss and make recommendations with regard to national emerging issues of importance to individuals with assistive technology needs2 7dd7 sharing best practice and evidence-based practices among ,state assistive technology programs2 7ee7 maintaining an accessible website that includes links to ,state assistive technology programs1 appropriate ,federal departments and agencies1 and private associations2 7ff7 developing a resource that connects individuals from a ,state with the ,state assistive technology program in their ,state2 7gg7 providing access to experts in the areas of assistive technology device loan and demonstration1 assistive technology device reuse1 ,state financing1 banking1 microlending1 and finance1 for entities funded under this ,act1 through site visits1 teleconferences1 and other means1 to ensure access to information for entities that are carrying out new programs or programs that are not making progress in achieving the objectives of the programs2 and 7hh7 supporting and coordinating activities designed to reduce the financial costs of purchasing assistive technology for the activities described in section #d7;e71 and reducing duplication of activities among ,state assistive technology programs2 and 7iii7 includes such other activities as the ,secretary may require4 7,b7 ,collaboration ,in developing and providing training and technical assistance under this paragraph1 a qualified training and technical assistance provider or qualified protection and advocacy system technical assistance provider shall-- 7i7 collaborate with-- 7,i7 organizations representing individuals with disabilities2 7,,ii7 national organizations representing ,state assistive technology programs2 7,,iii7 organizations representing ,state officials and agencies engaged in the delivery of assistive technology2 7,,iv7 other qualified data collection and reporting entities and technical assistance providers2 7,v7 providers of ,state financing activities1 including alternative financing programs1 and providers of device loans1 device demonstrations1 and device reutilization2 and 7,,vi7 any other organizations determined appropriate by the provider or the ,secretary2 and 7ii7 in the case of a qualified training and technical assistance provider1 include activities identified as priorities by ,state advisory councils and lead agencies and implementing entities for grants under section #d4 7#b7 ,use of funds for assistive technology data collection and reporting assistance ,a qualified data collection and reporting entity or a qualified protection and advocacy system technical assistance provider receiving a grant1 contract1 or cooperative agreement under subsection 7b77#b7 shall assist ,states or protection and advocacy systems receiving a grant under section #d or #e1 respectively1 to develop and implement effective and accessible data collection and reporting systems that-- 7,a7 focus on quantitative and qualitative data elements2 7,b7 help measure the accrued benefits of the activities to individuals who need assistive technology2 and 7,c7 in the case of systems that will serve ,states receiving grants under section #d-- 7i7 measure the outcomes of all activities described in section #d7;e7 and the progress of the ,states toward achieving the measurable goals described in section #d7;d77#c77;,c72 and 7ii7 provide ,states with the necessary information required under this ,act or by the ,secretary for reports described in section #d7;f77#b74 #g4 ,projects of national significance 7a7 ,definition of project of national significance ,in this section1 the term project of national significance -- 7#a7 means a project that-- 7,a7 increases access to1 and acquisition of assistive technology2 and 7,b7 creates opportunities for individuals with a spectrum of ability to directly and fully contribute to1 and participate in1 all facets of education1 employment1 community living1 and recreational activities2 and 7#b7 may-- 7,a7 build partnerships between ,state ,medicaid agencies and recipients of grants under section #d to reutilize durable medical equipment2 7,b7 increase collaboration between the recipients of grants under section #d and ,states receiving grants under the ,money ,follows the ,person ,rebalancing ,demonstration under section #fjga of the ,deficit ,reduction ,act of #bjje 7#db ,u4,s4,c4 #acif;a note72 7,c7 increase collaboration between recipients of grants under section #d and area agencies on aging1 as such term is defined in section #ajb of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjjb71 which may include collaboration on emergency preparedness1 safety equipment1 or assistive technology toolkits2 7,d7 provide aid to transition youth who are individuals with disabilities from school to adult life1 including youth with intellectual and developmental disabilities1 especially in-- 7i7 finding employment and postsecondary education opportunities2 and 7ii7 upgrading and changing any assistive technology devices that may be needed as a youth matures2 7,e7 increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging caregivers in the community2 7,f7 increase effective and efficient use of assistive technology as part of early intervention for infants and toddlers with disabilities from birth to age #c2 7,g7 increase awareness of and access to the ,disability ,funds-,financial ,assistance funding provided by the ,community ,development ,financial ,institutions ,fund that supports acquisition of assistive technology2 and 7,h7 increase awareness of and access to other federally funded disability programs1 as determined appropriate by the ,secretary4 7b7 ,projects authorized ,if funds are available pursuant to section #i7;c7 to carry out this section for a fiscal year1 the ,secretary may award1 on a competitive basis1 grants1 contracts1 and cooperative agreements to public or private nonprofit entities to enable the entities to carry out projects of national significance4 7c7 ,application ,a public or private nonprofit entity desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7d7 ,award basis 7#a7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to a public or private nonprofit entity funded under section #d or #e for the most recent award period4 7#b7 ,preference ,for each grant award period1 the ,secretary may give preference for #a or more categories of projects of national significance described in subparagraphs 7,a7 through 7,h7 of subsection 7a77#b7 or another category identified by the ,secretary1 if the ,secretary determines that there is reason to prioritize that category of project4 7e7 ,minimum funding level required ,the ,secretary may only award grants1 contracts1 or cooperative agreements under this section if the amount made available under section #i to carry out sections #d1 #e1 and #f is equal to or greater than #di1jjj1jjj4 #h4 ,administrative provisions 7a7 ,general administration 7#a7 ,in general ,notwithstanding any other provision of law1 the ,administrator of the ,administration for ,community ,living shall be responsible for the administration of this ,act4 7#b7 ,collaboration ,the ,administrator of the ,administration for ,community ,living shall consult with the ,office of ,special ,education ,programs of the ,department of ,education1 the ,rehabilitation ,services ,administration of the ,department of ,education1 the ,office of ,disability ,employment ,policy of the ,department of ,labor1 the ,national ,institute on ,disability1 ,independent ,living1 and ,rehabilitation ,research1 and other appropriate ,federal entities in the administration of this ,act4 7#c7 ,administration 7,a7 ,in general ,in administering this ,act1 the ,administrator of the ,administration for ,community ,living shall ensure that programs funded under this ,act will equitably address-- 7i7 the needs of individuals with all types of disabilities and across the age span2 and 7ii7 the use of assistive technology in all potential environments1 including employment1 education1 and community living1 or for other reasons4 7,b7 ,funding limitation ,for each fiscal year1 not more than one-half of one percent of the total funding appropriated for this ,act shall be used by the ,administrator of the ,administration for ,community ,living to support the administration of this ,act4 7b7 ,review of participating entities 7#a7 ,in general ,the ,secretary shall assess the extent to which entities that receive grants under this ,act are complying with the applicable requirements of this ,act and achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received the grants4 7#b7 ,provision of information ,to assist the ,secretary in carrying out the responsibilities of the ,secretary under this section1 the ,secretary may require ,states to provide relevant information1 including the information required under subsection 7d74 7c7 ,corrective action and sanctions 7#a7 ,corrective action ,if the ,secretary determines that an entity that receives a grant under this ,act fails to substantially comply with the applicable requirements of this ,act1 or to make substantial progress toward achieving the measurable goals described in subsection 7b77#a7 with respect to the grant program1 the ,secretary shall assist the entity1 through technical assistance funded under section #f or other means1 within #ij days after such determination1 to develop a corrective action plan4 7#b7 ,sanctions ,if the entity fails to develop and comply with a corrective action plan described in paragraph 7#a7 during a fiscal year1 the entity shall be subject to #a of the following corrective actions selected by the ,secretary3 7,a7 ,partial or complete termination of funding under the grant program1 until the entity develops and complies with such a plan4 7,b7 ,ineligibility to participate in the grant program in the following year4 7,c7 ,reduction in the amount of funding that may be used for indirect costs under section #d for the following year4 7,d7 ,required redesignation of the lead agency designated under section #d7;c77#a7 or an entity responsible for administering the grant program4 7#c7 ,appeals procedures ,the ,secretary shall establish appeals procedures for entities that are determined to be in noncompliance with the applicable requirements of this ,act1 or have not made substantial progress toward achieving the measurable goals described in subsection 7b77#a74 7#d7 ,secretarial action ,as part of the annual report required under subsection 7d71 the ,secretary shall describe each such action taken under paragraph 7#a7 or 7#b7 and the outcomes of each such action4 7#e7 ,public notification ,the ,secretary shall notify the public1 by posting on the ,internet website of the ,department of ,health and ,human ,services1 of each action taken by the ,secretary under paragraph 7#a7 or 7#b74 ,as a part of such notification1 the ,secretary shall describe each such action taken under paragraph 7#a7 or 7#b7 and the outcomes of each such action4 7d7 ,annual report to congress 7#a7 ,in general ,not later than ,december #ca of each year1 the ,secretary shall prepare1 and submit to the ,president and to the ,committee on ,education and ,labor of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 a report on the activities funded under this ,act to improve the access of individuals with disabilities to assistive technology devices and assistive technology services4 7#b7 ,contents ,such report shall include-- 7,a7 a compilation and summary of the information provided by the ,states in annual progress reports submitted under section #d7;f72 and 7,b7 a summary of the ,state applications described in section #d7;d7 and an analysis of the progress of the ,states in meeting the measurable goals established in ,state applications under section #d7;d77#c77;,c74 7e7 ,construction ,nothing in this section shall be construed to affect the enforcement authority of the ,secretary1 another ,federal officer1 or a court under part ,d of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcd et seq47 or other applicable law4 7f7 ,effect on other assistance ,this ,act may not be construed as authorizing a ,federal or ,state agency to reduce medical or other assistance available1 or to alter eligibility for a benefit or service1 under any other ,federal law4 #i4 ,authorization of appropriations2 reservations and distribution of funds 7a7 ,in general ,there are authorized to be appropriated to carry out this ,act-- 7#a7 #ej1jjj1jjj for fiscal year #bjbj2 and 7#b7 such sums as may be necessary for each of fiscal years #bjba through #bjbd4 7b7 ,reservations and distribution of funds ,of the funds made available under subsection 7a7 to carry out this ,act and subject to subsection 7c71 the ,secretary shall-- 7#a7 reserve an amount equal to #b percent of such available funds to carry out section #f7;b77#a71 of which-- 7,a7 an amount equal to #hh4e percent of the reservation shall be used for a grant1 contract1 or cooperative agreement described in section #f7;b77#a77;,a72 and 7,b7 an amount equal to #ad4e percent of the reservation shall be used for a grant1 contract1 or cooperative agreement described in section #f7;b77#a77;,b72 7#b7 reserve an amount equal to #a percent of such available funds appropriated to carry out section #f7;b77#b72 and 7#c7 of the amounts remaining after the reservations under paragraphs 7#a7 and 7#b7-- 7,a7 use #he4e percent of such amounts to carry out section #d2 and 7,b7 use #ad4e percent of such amounts to carry out section #e4 7c7 ,limit for projects of national significance ,in any fiscal year for which the amount made available under subsection 7a7 exceeds #di1jjj1jjj1 the ,secretary may reserve an amount1 which shall not exceed the lesser of the excess amount made available or #b1jjj1jjj1 for section #g before carrying out subsection 7b74 4 #c4 ,effective date ,this ,act1 and the amendments made by this ,act1 shall take effect on the day that is six months after the date of enactment of this ,act4