PUBLIC LAW 108–364—OCT. 25, 2004 118 STAT. 1707

Public Law 108–364

108th Congress

An Act

To amend the Assistive Technology Act of 1998 to support programs of grants

to States to address the assistive technology needs of individuals with disabilities,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Assistive Technology Act of

2004’’.

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

The Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.)

is amended to read as follows:

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

‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Assistive

Technology Act of 1998’.

‘‘(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

‘‘Sec. 1. Short title; table of contents.

‘‘Sec. 2. Findings and purposes.

‘‘Sec. 3. Definitions.

‘‘Sec. 4. State grants for assistive technology.

‘‘Sec. 5. State grants for protection and advocacy services related to assistive

technology.

‘‘Sec. 6. National activities.

‘‘Sec. 7. Administrative provisions.

‘‘Sec. 8. Authorization of appropriations.

‘‘SEC. 2. FINDINGS AND PURPOSES.

‘‘(a) FINDINGS.—Congress finds the following:

‘‘(1) Over 54,000,000 individuals in the United States have

disabilities, with almost half experiencing severe disabilities

that affect their ability to see, hear, communicate, reason,

walk, or perform other basic life functions.

‘‘(2) Disability is a natural part of the human experience

and in no way diminishes the right of individuals to—

‘‘(A) live independently;

‘‘(B) enjoy self-determination and make choices;

‘‘(C) benefit from an education;

‘‘(D) pursue meaningful careers; and

‘‘(E) enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of society in the United States.

29 USC 3001.

29 USC 3001

note.

29 USC 3001

note.

Assistive

Technology Act of

2004.

Oct. 25, 2004

[H.R. 4278]

118 STAT. 1708 PUBLIC LAW 108–364—OCT. 25, 2004

‘‘(3) Technology is one of the primary engines for economic

activity, education, and innovation in the Nation, and throughout the world. The commitment of the United States to the

development and utilization of technology is one of the main

factors underlying the strength and vibrancy of the economy

of the United States.

‘‘(4) As technology has come to play an increasingly important role in the lives of all persons in the United States,

in the conduct of business, in the functioning of government,

in the fostering of communication, in the conduct of commerce,

and in the provision of education, its impact upon the lives

of individuals with disabilities in the United States has been

comparable to its impact upon the remainder of the citizens

of the United States. Any development in mainstream technology will have profound implications for individuals with

disabilities in the United States.

‘‘(5) Substantial progress has been made in the development

of assistive technology devices, including adaptations to existing

devices that facilitate activities of daily living that significantly

benefit individuals with disabilities of all ages. These devices,

including adaptations, increase involvement in, and reduce

expenditures associated with, programs and activities that

facilitate communication, ensure independent functioning,

enable early childhood development, support educational

achievement, provide and enhance employment options, and

enable full participation in community living for individuals

with disabilities. Access to such devices can also reduce expenditures associated with early childhood intervention, education,

rehabilitation and training, health care, employment, residential living, independent living, recreation opportunities, and

other aspects of daily living.

‘‘(6) Over the last 15 years, the Federal Government has

invested in the development of comprehensive statewide programs of technology-related assistance, which have proven effective in assisting individuals with disabilities in accessing

assistive technology devices and assistive technology services.

This partnership between the Federal Government and the

States provided an important service to individuals with disabilities by strengthening the capacity of each State to assist

individuals with disabilities of all ages meet their assistive

technology needs.

‘‘(7) Despite the success of the Federal-State partnership

in providing access to assistive technology devices and assistive

technology services, there is a continued need to provide

information about the availability of assistive technology,

advances in improving accessibility and functionality of

assistive technology, and appropriate methods to secure and

utilize assistive technology in order to maximize the independence and participation of individuals with disabilities in society.

‘‘(8) The combination of significant recent changes in Federal policy (including changes to section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), accessibility provisions of

the Help America Vote Act of 2002 (42 U.S.C. 15301 et seq.),

and the amendments made to the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6301 et seq.) by the No

Child Left Behind Act of 2001) and the rapid and unending

evolution of technology require a Federal-State investment in

PUBLIC LAW 108–364—OCT. 25, 2004 118 STAT. 1709

State assistive technology systems to continue to ensure that

individuals with disabilities reap the benefits of the technological revolution and participate fully in life in their communities.

‘‘(b) PURPOSES.—The purposes of this Act are—

‘‘(1) to support State efforts to improve the provision of

assistive technology to individuals with disabilities through

comprehensive statewide programs of technology-related assistance, for individuals with disabilities of all ages, that are

designed to—

‘‘(A) increase the availability of, funding for, access

to, provision of, and training about assistive technology

devices and assistive technology services;

‘‘(B) increase the ability of individuals with disabilities

of all ages to secure and maintain possession of assistive

technology devices as such individuals make the transition

between services offered by educational or human service

agencies or between settings of daily living (for example,

between home and work);

‘‘(C) increase the capacity of public agencies and private

entities to provide and pay for assistive technology devices

and assistive technology services on a statewide basis for

individuals with disabilities of all ages;

‘‘(D) increase the involvement of individuals with

disabilities and, if appropriate, their family members,

guardians, advocates, and authorized representatives, in

decisions related to the provision of assistive technology

devices and assistive technology services;

‘‘(E) increase and promote coordination among State

agencies, between State and local agencies, among local

agencies, and between State and local agencies and private

entities (such as managed care providers), that are involved

or are eligible to be involved in carrying out activities

under this Act;

‘‘(F) increase the awareness and facilitate the change

of laws, regulations, policies, practices, procedures, and

organizational structures, that facilitate the availability

or provision of assistive technology devices and assistive

technology services; and

‘‘(G) increase awareness and knowledge of the benefits

of assistive technology devices and assistive technology

services among targeted individuals and entities and the

general population; and

‘‘(2) to provide States with financial assistance that supports programs designed to maximize the ability of individuals

with disabilities and their family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive technology services.

‘‘SEC. 3. DEFINITIONS.

‘‘In this Act:

‘‘(1) ADULT SERVICE PROGRAM.—The term ‘adult service program’ means a program that provides services to, or is otherwise

substantially involved with the major life functions of, individuals with disabilities. Such term includes—

29 USC 3002.

118 STAT. 1710 PUBLIC LAW 108–364—OCT. 25, 2004

‘‘(A) a program providing residential, supportive, or

employment services, or employment-related services, to

individuals with disabilities;

‘‘(B) a program carried out by a center for independent

living, such as a center described in part C of title VII

of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.);

‘‘(C) a program carried out by an employment support

agency connected to adult vocational rehabilitation, such

as a one-stop partner, as defined in section 101 of the

Workforce Investment Act of 1998 (29 U.S.C. 2801); and

‘‘(D) a program carried out by another organization

or vender licensed or registered by the designated State

agency, as defined in section 7 of the Rehabilitation Act

of 1973 (29 U.S.C. 705).

‘‘(2) AMERICAN INDIAN CONSORTIUM.—The term ‘American

Indian consortium’ means an entity that is an American Indian

Consortium (as defined in section 102 of Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C.

15002)), and that is established to provide protection and

advocacy services for purposes of receiving funding under subtitle C of title I of such Act (42 U.S.C. 15041 et seq.).

‘‘(3) ASSISTIVE TECHNOLOGY.—The term ‘assistive technology’ means technology designed to be utilized in an assistive

technology device or assistive technology service.

‘‘(4) ASSISTIVE TECHNOLOGY DEVICE.—The term ‘assistive

technology device’ means any item, piece of equipment, or

product system, whether acquired commercially, modified, or

customized, that is used to increase, maintain, or improve

functional capabilities of individuals with disabilities.

‘‘(5) ASSISTIVE TECHNOLOGY SERVICE.—The term ‘assistive

technology service’ means any service that directly assists an

individual with a disability in the selection, acquisition, or

use of an assistive technology device. Such term includes—

‘‘(A) the evaluation of the assistive technology needs

of an individual with a disability, including a functional

evaluation of the impact of the provision of appropriate

assistive technology and appropriate services to the individual in the customary environment of the individual;

‘‘(B) a service consisting of purchasing, leasing, or

otherwise providing for the acquisition of assistive technology devices by individuals with disabilities;

‘‘(C) a service consisting of selecting, designing, fitting,

customizing, adapting, applying, maintaining, repairing,

replacing, or donating assistive technology devices;

‘‘(D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such

as therapies, interventions, or services associated with education and rehabilitation plans and programs;

‘‘(E) training or technical assistance for an individual

with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives

of such an individual;

‘‘(F) training or technical assistance for professionals

(including individuals providing education and rehabilitation services and entities that manufacture or sell assistive

technology devices), employers, providers of employment

and training services, or other individuals who provide

PUBLIC LAW 108–364—OCT. 25, 2004 118 STAT. 1711

services to, employ, or are otherwise substantially involved

in the major life functions of individuals with disabilities;

and

‘‘(G) a service consisting of expanding the availability

of access to technology, including electronic and information

technology, to individuals with disabilities.

‘‘(6) CAPACITY BUILDING AND ADVOCACY ACTIVITIES.—The

term ‘capacity building and advocacy activities’ means efforts

that—

‘‘(A) result in laws, regulations, policies, practices,

procedures, or organizational structures that promote consumer-responsive programs or entities; and

‘‘(B) facilitate and increase access to, provision of, and

funding for, assistive technology devices and assistive technology services, in order to empower individuals with

disabilities to achieve greater independence, productivity,

and integration and inclusion within the community and

the workforce.

‘‘(7) COMPREHENSIVE STATEWIDE PROGRAM OF TECHNOLOGYRELATED ASSISTANCE.—The term ‘comprehensive statewide program of technology-related assistance’ means a consumerresponsive program of technology-related assistance for individuals with disabilities, implemented by a State, and equally

available to all individuals with disabilities residing in the

State, regardless of their type of disability, age, income level,

or location of residence in the State, or the type of assistive

technology device or assistive technology service required.

‘‘(8) CONSUMER-RESPONSIVE.—The term ‘consumerresponsive’—

‘‘(A) with regard to policies, means that the policies

are consistent with the principles of—

‘‘(i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful

careers, based on informed choice, of individuals with

disabilities;

‘‘(ii) respect for the privacy, rights, and equal

access (including the use of accessible formats) of such

individuals;

‘‘(iii) inclusion, integration, and full participation

of such individuals in society;

‘‘(iv) support for the involvement in decisions of

a family member, a guardian, an advocate, or an

authorized representative, if an individual with a disability requests, desires, or needs such involvement;

and

‘‘(v) support for individual and systems advocacy

and community involvement; and

‘‘(B) with respect to an entity, program, or activity,

means that the entity, program, or activity—

‘‘(i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their

family members, guardians, advocates, or authorized

representatives;

‘‘(ii) responds to the needs of individuals with

disabilities in a timely and appropriate manner; and

118 STAT. 1712 PUBLIC LAW 108–364—OCT. 25, 2004

‘‘(iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals from underrepresented populations and rural

populations) and their family members, guardians,

advocates, and authorized representatives, in—

‘‘(I) decisions relating to the provision of

assistive technology devices and assistive technology services to such individuals; and

‘‘(II) decisions related to the maintenance,

improvement, and evaluation of the comprehensive

statewide program of technology-related assistance, including decisions that affect capacity

building and advocacy activities.

‘‘(9) DISABILITY.—The term ‘disability’ means a condition

of an individual that is considered to be a disability or handicap

for the purposes of any Federal law other than this Act or

for the purposes of the law of the State in which the individual

resides.

‘‘(10) INDIVIDUAL WITH A DISABILITY; INDIVIDUALS WITH

DISABILITIES.—

‘‘(A) INDIVIDUAL WITH A DISABILITY.—The term ‘individual with a disability’ means any individual of any age,

race, or ethnicity—

‘‘(i) who has a disability; and

‘‘(ii) who is or would be enabled by an assistive

technology device or an assistive technology service

to minimize deterioration in functioning, to maintain

a level of functioning, or to achieve a greater level

of functioning in any major life activity.

‘‘(B) INDIVIDUALS WITH DISABILITIES.—The term

‘individuals with disabilities’ means more than 1 individual

with a disability.

‘‘(11) INSTITUTION OF HIGHER EDUCATION.—The term

‘institution of higher education’ has the meaning given such

term in section 101(a) of the Higher Education Act of 1965

(20 U.S.C. 1001(a)), and includes a community college receiving

funding under the Tribally Controlled College or University

Assistance Act of 1978 (25 U.S.C. 1801 et seq.).

‘‘(12) PROTECTION AND ADVOCACY SERVICES.—The term

‘protection and advocacy services’ means services that—

‘‘(A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of

2000 (42 U.S.C. 15041 et seq.), the Protection and Advocacy

for Individuals with Mental Illness Act (42 U.S.C. 10801

et seq.), or section 509 of the Rehabilitation Act of 1973

(29 U.S.C. 794e); and

‘‘(B) assist individuals with disabilities with respect

to assistive technology devices and assistive technology

services.

‘‘(13) SECRETARY.—The term ‘Secretary’ means the Secretary of Education.

‘‘(14) STATE.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), the term ‘State’ means each of the 50 States of the

United States, the District of Columbia, the Commonwealth

of Puerto Rico, the United States Virgin Islands, Guam,

PUBLIC LAW 108–364—OCT. 25, 2004 118 STAT. 1713

American Samoa, and the Commonwealth of the Northern

Mariana Islands.

‘‘(B) OUTLYING AREAS.—In section 4(b):

‘‘(i) OUTLYING AREA.—The term ‘outlying area’

means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern

Mariana Islands.

‘‘(ii) STATE.—The term ‘State’ does not include the

United States Virgin Islands, Guam, American Samoa,

and the Commonwealth of the Northern Mariana

Islands.

‘‘(15) STATE ASSISTIVE TECHNOLOGY PROGRAM.—The term

‘State assistive technology program’ means a program authorized under section 4.

‘‘(16) TARGETED INDIVIDUALS AND ENTITIES.—The term ‘targeted individuals and entities’ means—

‘‘(A) individuals with disabilities of all ages and their

family members, guardians, advocates, and authorized representatives;

‘‘(B) underrepresented populations, including the aging

workforce;

‘‘(C) individuals who work for public or private entities

(including centers for independent living described in part

C of title VII of the Rehabilitation Act of 1973 (29 U.S.C.

796f et seq.), insurers, or managed care providers) that

have contact, or provide services to, with individuals with

disabilities;

‘‘(D) educators at all levels (including providers of early

intervention services, elementary schools, secondary

schools, community colleges, and vocational and other

institutions of higher education) and related services personnel;

‘‘(E) technology experts (including web designers and

procurement officials);

‘‘(F) health, allied health, and rehabilitation professionals and hospital employees (including discharge planners);

‘‘(G) employers, especially small business employers,

and providers of employment and training services;

‘‘(H) entities that manufacture or sell assistive technology devices;

‘‘(I) entities that carry out community programs

designed to develop essential community services in rural

and urban areas; and

‘‘(J) other appropriate individuals and entities, as

determined for a State by the State.

‘‘(17) TECHNOLOGY-RELATED ASSISTANCE.—The term ‘technology-related assistance’ means assistance provided through

capacity building and advocacy activities that accomplish the

purposes described in section 2(b).

‘‘(18) UNDERREPRESENTED POPULATION.—The term ‘underrepresented population’ means a population that is typically

underrepresented in service provision, and includes populations

such as persons who have low-incidence disabilities, persons

who are minorities, poor persons, persons with limited English

proficiency, older individuals, or persons from rural areas.

118 STAT. 1714 PUBLIC LAW 108–364—OCT. 25, 2004

‘‘(19) UNIVERSAL DESIGN.—The term ‘universal design’

means a concept or philosophy for designing and delivering

products and services that are usable by people with the widest

possible range of functional capabilities, which include products

and services that are directly accessible (without requiring

assistive technologies) and products and services that are interoperable with assistive technologies.

‘‘SEC. 4. STATE GRANTS FOR ASSISTIVE TECHNOLOGY.

‘‘(a) GRANTS TO STATES.—The Secretary shall award grants

under subsection (b) to States to maintain comprehensive statewide

programs of technology-related assistance to support programs that

are designed to maximize the ability of individuals with disabilities

across the human lifespan and across the wide array of disabilities,

and their family members, guardians, advocates, and authorized

representatives, to obtain assistive technology, and that are

designed to increase access to assistive technology.

‘‘(b) AMOUNT OF FINANCIAL ASSISTANCE.—

‘‘(1) IN GENERAL.—From funds made available to carry

out this section, the Secretary shall award a grant to each

eligible State and eligible outlying area from an allotment

determined in accordance with paragraph (2).

‘‘(2) CALCULATION OF STATE GRANTS.—

‘‘(A) BASE YEAR.—Except as provided in subparagraphs

(B) and (C), the Secretary shall allot to each State and

outlying area for a fiscal year an amount that is not less

than the amount the State or outlying area received under

the grants provided under section 101 of this Act (as in

effect on the day before the date of enactment of the

Assistive Technology Act of 2004) for fiscal year 2004.

‘‘(B) RATABLE REDUCTION.—

‘‘(i) IN GENERAL.—If funds made available to carry

out this section for any fiscal year are insufficient

to make the allotments required for each State and

outlying area under subparagraph (A) for such fiscal

year, the Secretary shall ratably reduce the allotments

for such fiscal year.

‘‘(ii) ADDITIONAL FUNDS.—If, after the Secretary

makes the reductions described in clause (i), additional

funds become available to carry out this section for

the fiscal year, the Secretary shall ratably increase

the allotments, until the Secretary has allotted the

entire base year amount.

‘‘(C) HIGHER APPROPRIATION YEARS.—Except as provided in subparagraph (D), for a fiscal year for which

the amount of funds made available to carry out this section

is greater than the base year amount, the Secretary shall—

‘‘(i) make the allotments described in subparagraph

(A);

‘‘(ii) from a portion of the remainder of the funds

after the Secretary makes the allotments described

in clause (i), the Secretary shall—

‘‘(I) from 50 percent of the portion, allot to

each State or outlying area an equal amount; and

‘‘(II) from 50 percent of the portion, allot to

each State or outlying area an amount that bears

the same relationship to such 50 percent as the

29 USC 3003.

PUBLIC LAW 108–364—OCT. 25, 2004 118 STAT. 1715

population of the State or outlying area bears to

the population of all States and outlying areas,

until each State has received an allotment of not less

than $410,000 and each outlying area has received

an allotment of $125,000 under clause (i) and this

clause;

‘‘(iii) from the remainder of the funds after the

Secretary makes the allotments described in clause

(ii), the Secretary shall—

‘‘(I) from 80 percent of the remainder allot

to each State an amount that bears the same

relationship to such 80 percent as the population

of the State bears to the population of all States;

and

‘‘(II) from 20 percent of the remainder, allot

to each State an equal amount.

‘‘(D) SPECIAL RULE FOR FISCAL YEAR 2005.—Notwithstanding subparagraph (C), if the amount of funds made

available to carry out this section for fiscal year 2005

is greater than the base year amount, the Secretary may

award grants on a competitive basis for periods of 1 year

to States or outlying areas in accordance with the requirements of title III of this Act (as in effect on the day

before the date of enactment of the Assistive Technology

Act of 2004) to develop, support, expand, or administer

an alternative financing program.

‘‘(E) BASE YEAR AMOUNT.—In this paragraph, the term

‘base year amount’ means the total amount received by

all States and outlying areas under the grants described

in subparagraph (A) for fiscal year 2004.

‘‘(c) LEAD AGENCY, IMPLEMENTING ENTITY, AND ADVISORY

COUNCIL.—

‘‘(1) LEAD AGENCY AND IMPLEMENTING ENTITY.—

‘‘(A) LEAD AGENCY.—

‘‘(i) IN GENERAL.—The Governor of a State shall

designate a public agency as a lead agency—

‘‘(I) to control and administer the funds made

available through the grant awarded to the State

under this section; and

‘‘(II) to submit the application described in

subsection (d) on behalf of the State, to ensure

conformance with Federal and State accounting

requirements.

‘‘(ii) DUTIES.—The duties of the lead agency shall

include—

‘‘(I) preparing the application described in subsection (d) and carrying out State activities

described in that application, including making

programmatic and resource allocation decisions

necessary to implement the comprehensive statewide program of technology-related assistance;

‘‘(II) coordinating the activities of the comprehensive statewide program of technologyrelated assistance among public and private entities, including coordinating efforts related to

entering into interagency agreements, and

maintaining and evaluating the program; and

118 STAT. 1716 PUBLIC LAW 108–364—OCT. 25, 2004

‘‘(III) coordinating efforts related to the active,

timely, and meaningful participation by individuals with disabilities and their family members,

guardians, advocates, or authorized representatives, and other appropriate individuals, with

respect to activities carried out through the grant.

‘‘(B) IMPLEMENTING ENTITY.—The Governor may designate an agency, office, or other entity to carry out State

activities under this section (referred to in this section

as the ‘implementing entity’), if such implementing entity

is different from the lead agency. The implementing agency

shall carry out responsibilities under this Act through a

subcontract or another administrative agreement with the

lead agency.

‘‘(C) CHANGE IN AGENCY OR ENTITY.—

‘‘(i) IN GENERAL.—On obtaining the approval of

the Secretary, the Governor may redesignate the lead

agency, or the implementing entity, if the Governor

shows to the Secretary good cause why the entity designated as the lead agency, or the implementing entity,

respectively, should not serve as that agency or entity,

respectively. The Governor shall make the showing

in the application described in subsection (d).

‘‘(ii) CONSTRUCTION.—Nothing in this paragraph

shall be construed to require the Governor of a State

to change the lead agency or implementing entity of

the State to an agency other than the lead agency

or implementing entity of such State as of the date

of enactment of the Assistive Technology Act of 2004.

‘‘(2) ADVISORY COUNCIL.—

‘‘(A) IN GENERAL.—There shall be established an

advisory council to provide consumer-responsive, consumerdriven advice to the State for, planning of, implementation

of, and evaluation of the activities carried out through

the grant, including setting the measurable goals described

in subsection (d)(3).

‘‘(B) COMPOSITION AND REPRESENTATION.—

‘‘(i) COMPOSITION.—The advisory council shall be

composed of—

‘‘(I) individuals with disabilities that use

assistive technology or the family members or

guardians of the individuals;

‘‘(II) a representative of the designated State

agency, as defined in section 7 of the Rehabilitation

Act of 1973 (29 U.S.C. 705) and the State agency

for individuals who are blind (within the meaning

of section 101 of that Act (29 U.S.C. 721)), if such

agency is separate;

‘‘(III) a representative of a State center for

independent living described in part C of title VII

of the Rehabilitation Act of 1973 (29 U.S.C. 796f

et seq.);

‘‘(IV) a representative of the State workforce

investment board established under section 111

of the Workforce Investment Act of 1998 (29 U.S.C.

2821);

Establishment.

PUBLIC LAW 108–364—OCT. 25, 2004 118 STAT. 1717

‘‘(V) a representative of the State educational

agency, as defined in section 9101 of the

Elementary and Secondary Education Act of 1965

(20 U.S.C. 7801); and

‘‘(VI) representatives of other State agencies,

public agencies, or private organizations, as determined by the State.

‘‘(ii) MAJORITY.— ‘‘(I) IN GENERAL.—A majority, not less than

51 percent, of the members of the advisory council,

shall be members appointed under clause (i)(I).

‘‘(II) REPRESENTATIVES OF AGENCIES.—Members appointed under subclauses (II) through (VI)

of clause (i) shall not count toward the majority

membership requirement established in subclause

(I).

‘‘(iii) REPRESENTATION.—The advisory council shall

be geographically representative of the State and

reflect the diversity of the State with respect to race,

ethnicity, types of disabilities across the age span,

and users of types of services that an individual with

a disability may receive.

‘‘(C) EXPENSES.—The members of the advisory council

shall receive no compensation for their service on the

advisory council, but shall be reimbursed for reasonable

and necessary expenses actually incurred in the performance of official duties for the advisory council.

‘‘(D) PERIOD.—The members of the State advisory

council shall be appointed not later than 120 days after

the date of enactment of the Assistive Technology Act of

2004.

‘‘(E) IMPACT ON EXISTING STATUTES, RULES, OR POLICIES.—Nothing in this paragraph shall be construed to

affect State statutes, rules, or official policies relating to

advisory bodies for State assistive technology programs

or require changes to governing bodies of incorporated

agencies who carry out State assistive technology programs.

‘‘(d) APPLICATION.—

‘‘(1) IN GENERAL.—Any State that desires to receive a grant

under this section shall submit an application to the Secretary,

at such time, in such manner, and containing such information

as the Secretary may require.

‘‘(2) LEAD AGENCY AND IMPLEMENTING ENTITY.—The

application shall contain information identifying and describing

the lead agency referred to in subsection (c)(1)(A). The application shall contain information identifying and describing the

implementing entity referred to in subsection (c)(1)(B), if the

Governor of the State designates such an entity.

‘‘(3) MEASURABLE GOALS.—The application shall include—

‘‘(A) measurable goals, and a timeline for meeting the

goals, that the State has set for addressing the assistive

technology needs of individuals with disabilities in the

State related to—

‘‘(i) education, including goals involving the provision of assistive technology to individuals with disabilities who receive services under the Individuals with

Disabilities Education Act (20 U.S.C. 1400 et seq.);

Deadline.

118 STAT. 1718 PUBLIC LAW 108–364—OCT. 25, 2004

‘‘(ii) employment, including goals involving the

State vocational rehabilitation program carried out

under title I of the Rehabilitation Act of 1973 (29

U.S.C. 720 et seq.);

‘‘(iii) telecommunication and information technology; and

‘‘(iv) community living; and

‘‘(B) information describing how the State will quantifiably measure the goals to determine whether the goals

have been achieved.

‘‘(4) INVOLVEMENT OF PUBLIC AND PRIVATE ENTITIES.—The

application shall describe how various public and private entities were involved in the development of the application and

will be involved in the implementation of the activities to

be carried out through the grant, including—

‘‘(A) in cases determined to be appropriate by the State,

a description of the nature and extent of resources that

will be committed by public and private collaborators to

assist in accomplishing identified goals; and

‘‘(B) a description of the mechanisms established to

ensure coordination of activities and collaboration between

the implementing entity, if any, and the State.

‘‘(5) IMPLEMENTATION.—The application shall include a

description of—

‘‘(A) how the State will implement each of the required

activities described in subsection (e), except as provided

in subsection (e)(6)(A); and

‘‘(B) how the State will allocate and utilize grant funds

to implement the activities, including describing proposed

budget allocations and planned procedures for tracking

expenditures for activities described in paragraphs (2) and

(3) of subsection (e).

‘‘(6) ASSURANCES.—The application shall include assurances

that—

‘‘(A) the State will annually collect data related to

the required activities implemented by the State under

this section in order to prepare the progress reports

required under subsection (f);

‘‘(B) funds received through the grant—

‘‘(i) will be expended in accordance with this section; and

‘‘(ii) will be used to supplement, and not supplant,

funds available from other sources for technologyrelated assistance, including the provision of assistive

technology devices and assistive technology services;

‘‘(C) the lead agency will control and administer the

funds received through the grant;

‘‘(D) the State will adopt such fiscal control and

accounting procedures as may be necessary to ensure

proper disbursement of and accounting for the funds

received through the grant;

‘‘(E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the

Americans with Disabilities Act of 1990 (42 U.S.C. 12101

et seq.) regarding accessibility for individuals with disabilities;

PUBLIC LAW 108–364—OCT. 25, 2004 118 STAT. 1719

‘‘(F) a public agency or an individual with a disability

holds title to any property purchased with funds received

under the grant and administers that property;

‘‘(G) activities carried out in the State that are authorized under this Act, and supported by Federal funds

received under this Act, will comply with the standards

established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 (20 U.S.C. 794d); and

‘‘(H) the State will—

‘‘(i) prepare reports to the Secretary in such form

and containing such information as the Secretary may

require to carry out the Secretary’s functions under

this Act; and

‘‘(ii) keep such records and allow access to such

records as the Secretary may require to ensure the

correctness and verification of information provided

to the Secretary under this subparagraph.

‘‘(7) STATE SUPPORT.—The application shall include a

description of the activities described in paragraphs (2) and

(3) of subsection (e) that the State will support with State

funds.

‘‘(e) USE OF FUNDS.—

‘‘(1) IN GENERAL.—

‘‘(A) REQUIRED ACTIVITIES.—Except as provided in

subparagraph (B) and paragraph (6), any State that

receives a grant under this section shall use a portion

of the funds made available through the grant to carry

out activities described in paragraphs (2) and (3).

‘‘(B) STATE OR NON-FEDERAL FINANCIAL SUPPORT.—A

State shall not be required to use a portion of the funds

made available through the grant to carry out the category

of activities described in subparagraph (A), (B), (C), or

(D) of paragraph (2) if, in that State—

‘‘(i) financial support is provided from State or

other non-Federal resources or entities for that category of activities; and

‘‘(ii) the amount of the financial support is comparable to, or greater than, the amount of the portion

of the funds made available through the grant that

the State would have expended for that category of

activities, in the absence of this subparagraph.

‘‘(2) STATE-LEVEL ACTIVITIES.—

‘‘(A) STATE FINANCING ACTIVITIES.—The State shall

support State financing activities to increase access to,

and funding for, assistive technology devices and assistive

technology services (which shall not include direct payment

for such a device or service for an individual with a disability but may include support and administration of a

program to provide such payment), including development

of systems to provide and pay for such devices and services,

for targeted individuals and entities described in section

3(16)(A), including—

‘‘(i) support for the development of systems for

the purchase, lease, or other acquisition of, or payment

for, assistive technology devices and assistive technology services; or

Reports.

Records.

118 STAT. 1720 PUBLIC LAW 108–364—OCT. 25, 2004

‘‘(ii) support for the development of State-financed

or privately financed alternative financing systems of

subsidies (which may include conducting an initial 1-

year feasibility study of, improving, administering,

operating, providing capital for, or collaborating with

an entity with respect to, such a system) for the provision of assistive technology devices, such as—

‘‘(I) a low-interest loan fund;

‘‘(II) an interest buy-down program;

‘‘(III) a revolving loan fund;

‘‘(IV) a loan guarantee or insurance program;

‘‘(V) a program providing for the purchase,

lease, or other acquisition of assistive technology

devices or assistive technology services; or

‘‘(VI) another mechanism that is approved by

the Secretary.

‘‘(B) DEVICE REUTILIZATION PROGRAMS.—The State

shall directly, or in collaboration with public or private

entities, carry out assistive technology device reutilization

programs that provide for the exchange, repair, recycling,

or other reutilization of assistive technology devices, which

may include redistribution through device sales, loans,

rentals, or donations.

‘‘(C) DEVICE LOAN PROGRAMS.—The State shall directly,

or in collaboration with public or private entities, carry

out device loan programs that provide short-term loans

of assistive technology devices to individuals, employers,

public agencies, or others seeking to meet the needs of

targeted individuals and entities, including others seeking

to comply with the Individuals with Disabilities Education

Act (20 U.S.C. 1400 et seq.), the Americans with Disabilities

Act of 1990 (42 U.S.C. 12101 et seq.), and section 504

of the Rehabilitation Act of 1973 (29 U.S.C. 794).

‘‘(D) DEVICE DEMONSTRATIONS.—

‘‘(i) IN GENERAL.—The State shall directly, or in

collaboration with public and private entities, such

as one-stop partners, as defined in section 101 of the

Workforce Investment Act of 1998 (29 U.S.C. 2801),

demonstrate a variety of assistive technology devices

and assistive technology services (including assisting

individuals in making informed choices regarding, and

providing experiences with, the devices and services),

using personnel who are familiar with such devices

and services and their applications.

‘‘(ii) COMPREHENSIVE INFORMATION.—The State

shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders,

providers, and repair services.

‘‘(3) STATE LEADERSHIP ACTIVITIES.—

‘‘(A) IN GENERAL.—A State that receives a grant under

this section shall use a portion of not more than 40 percent

of the funds made available through the grant to carry

out the activities described in subparagraph (B). From that

portion, the State shall use at least 5 percent of the portion

for activities described in subparagraph (B)(i)(III).

‘‘(B) REQUIRED ACTIVITIES.—

PUBLIC LAW 108–364—OCT. 25, 2004 118 STAT. 1721

‘‘(i) TRAINING AND TECHNICAL ASSISTANCE.— ‘‘(I) IN GENERAL.—The State shall directly, or

provide support to public or private entities with

demonstrated expertise in collaborating with

public or private agencies that serve individuals

with disabilities, to develop and disseminate

training materials, conduct training, and provide

technical assistance, for individuals from local settings statewide, including representatives of State

and local educational agencies, other State and

local agencies, early intervention programs, adult

service programs, hospitals and other health care

facilities, institutions of higher education, and

businesses.

‘‘(II) AUTHORIZED ACTIVITIES.—In carrying out

activities under subclause (I), the State shall carry

out activities that enhance the knowledge, skills,

and competencies of individuals from local settings

described in subclause (I), which may include—

‘‘(aa) general awareness training on the

benefits of assistive technology and the Federal, State, and private funding sources available to assist targeted individuals and entities

in acquiring assistive technology;

‘‘(bb) skills-development training in

assessing the need for assistive technology

devices and assistive technology services;

‘‘(cc) training to ensure the appropriate

application and use of assistive technology

devices, assistive technology services, and

accessible technology for e-government functions;

‘‘(dd) training in the importance of multiple approaches to assessment and

implementation necessary to meet the individualized needs of individuals with disabilities;

and

‘‘(ee) technical training on integrating

assistive technology into the development and

implementation of service plans, including any

education, health, discharge, Olmstead,

employment, or other plan required under

Federal or State law.

‘‘(III) TRANSITION ASSISTANCE TO INDIVIDUALS

WITH DISABILITIES.—The State shall directly, or

provide support to public or private entities to,

develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to

assist—

‘‘(aa) students with disabilities, within the

meaning of the Individuals with Disabilities

Education Act (20 U.S.C. 1400 et seq.), that

receive transition services; and

‘‘(bb) adults who are individuals with

disabilities maintaining or transitioning to

community living.

118 STAT. 1722 PUBLIC LAW 108–364—OCT. 25, 2004

‘‘(ii) PUBLIC-AWARENESS ACTIVITIES.— ‘‘(I) IN GENERAL.—The State shall conduct

public-awareness activities designed to provide

information to targeted individuals and entities

relating to the availability, benefits, appropriateness, and costs of assistive technology devices and

assistive technology services, including—

‘‘(aa) the development of procedures for

providing direct communication between providers of assistive technology and targeted

individuals and entities, which may include

partnerships with entities in the statewide and

local workforce investment systems established under the Workforce Investment Act

of 1998 (29 U.S.C. 2801 et seq.), State vocational rehabilitation centers, public and private employers, or elementary and secondary

public schools;

‘‘(bb) the development and dissemination,

to targeted individuals and entities, of

information about State efforts related to

assistive technology; and

‘‘(cc) the distribution of materials to appropriate public and private agencies that provide

social, medical, educational, employment, and

transportation services to individuals with

disabilities.

‘‘(II) COLLABORATION.—The State shall collaborate with entities that receive awards under paragraphs (1) and (3) of section 6(b) to carry out

public-awareness activities focusing on infants,

toddlers, children, transition-age youth, employment-age adults, seniors, and employers.

‘‘(III) STATEWIDE INFORMATION AND REFERRAL

SYSTEM.—

‘‘(aa) IN GENERAL.—The State shall

directly, or in collaboration with public or private (such as nonprofit) entities, provide for

the continuation and enhancement of a statewide information and referral system designed

to meet the needs of targeted individuals and

entities.

‘‘(bb) CONTENT.—The system shall deliver

information on assistive technology devices,

assistive technology services (with specific

data regarding provider availability within the

State), and the availability of resources,

including funding through public and private

sources, to obtain assistive technology devices

and assistive technology services. The system

shall also deliver information on the benefits

of assistive technology devices and assistive

technology services with respect to enhancing

the capacity of individuals with disabilities

of all ages to perform activities of daily living.

‘‘(iii) COORDINATION AND COLLABORATION.—The

State shall coordinate activities described in paragraph

PUBLIC LAW 108–364—OCT. 25, 2004 118 STAT. 1723

(2) and this paragraph, among public and private entities that are responsible for policies, procedures, or

funding for the provision of assistive technology devices

and assistive technology services to individuals with

disabilities, service providers, and others to improve

access to assistive technology devices and assistive

technology services for individuals with disabilities of

all ages in the State.

‘‘(4) INDIRECT COSTS.—Not more than 10 percent of the

funds made available through a grant to a State under this

section may be used for indirect costs.

‘‘(5) PROHIBITION.—Funds made available through a grant

to a State under this section shall not be used for direct

payment for an assistive technology device for an individual

with a disability.

‘‘(6) STATE FLEXIBILITY.— ‘‘(A) IN GENERAL.—Notwithstanding paragraph (1)(A)

and subject to subparagraph (B), a State may use funds

that the State receives under a grant awarded under this

section to carry out any 2 or more of the activities described

in paragraph (2).

‘‘(B) SPECIAL RULE.—Notwithstanding paragraph

(3)(A), any State that exercises its authority under subparagraph (A)—

‘‘(i) shall carry out each of the required activities

described in paragraph (3)(B); and

‘‘(ii) shall use not more than 30 percent of the

funds made available through the grant to carry out

the activities described in paragraph (3)(B).

‘‘(f) ANNUAL PROGRESS REPORTS.—

‘‘(1) DATA COLLECTION.—States shall participate in data

collection as required by law, including data collection required

for preparation of the reports described in paragraph (2).

‘‘(2) REPORTS.—

‘‘(A) IN GENERAL.—Each State shall prepare and submit

to the Secretary an annual progress report on the activities

funded under this Act, at such time, and in such manner,

as the Secretary may require.

‘‘(B) CONTENTS.—The report shall include data collected pursuant to this section. The report shall document,

with respect to activities carried out under this section

in the State—

‘‘(i) the type of State financing activities described

in subsection (e)(2)(A) used by the State;

‘‘(ii) the amount and type of assistance given to

consumers of the State financing activities described

in subsection (e)(2)(A) (who shall be classified by type

of assistive technology device or assistive technology

service financed through the State financing activities,

and geographic distribution within the State),

including—

‘‘(I) the number of applications for assistance

received;

‘‘(II) the number of applications approved and

rejected;

‘‘(III) the default rate for the financing activities;

118 STAT. 1724 PUBLIC LAW 108–364—OCT. 25, 2004

‘‘(IV) the range and average interest rate for

the financing activities;

‘‘(V) the range and average income of approved

applicants for the financing activities; and

‘‘(VI) the types and dollar amounts of assistive

technology financed;

‘‘(iii) the number, type, and length of time of loans

of assistive technology devices provided to individuals

with disabilities, employers, public agencies, or public

accommodations through the device loan program

described in subsection (e)(2)(C), and an analysis of

the individuals with disabilities who have benefited

from the device loan program;

‘‘(iv) the number, type, estimated value, and scope

of assistive technology devices exchanged, repaired,

recycled, or reutilized (including redistributed through

device sales, loans, rentals, or donations) through the

device reutilization program described in subsection

(e)(2)(B), and an analysis of the individuals with

disabilities that have benefited from the device reutilization program;

‘‘(v) the number and type of device demonstrations

and referrals provided under subsection (e)(2)(D), and

an analysis of individuals with disabilities who have

benefited from the demonstrations and referrals;

‘‘(vi)(I) the number and general characteristics of

individuals who participated in training under subsection (e)(3)(B)(i) (such as individuals with disabilities,

parents, educators, employers, providers of employment services, health care workers, counselors, other

service providers, or vendors) and the topics of such

training; and

‘‘(II) to the extent practicable, the geographic distribution of individuals who participated in the

training;

‘‘(vii) the frequency of provision and nature of technical assistance provided to State and local agencies

and other entities;

‘‘(viii) the number of individuals assisted through

the public-awareness activities and statewide information and referral system described in subsection

(e)(3)(B)(ii);

‘‘(ix) the outcomes of any improvement initiatives

carried out by the State as a result of activities funded

under this section, including a description of any written policies, practices, and procedures that the State

has developed and implemented regarding access to,

provision of, and funding for, assistive technology

devices, and assistive technology services, in the contexts of education, health care, employment, community living, and information technology and telecommunications, including e-government;

‘‘(x) the source of leveraged funding or other

contributed resources, including resources provided

through subcontracts or other collaborative resourcesharing agreements, from and with public and private

PUBLIC LAW 108–364—OCT. 25, 2004 118 STAT. 1725

entities to carry out State activities described in subsection (e)(3)(B)(iii), the number of individuals served

with the contributed resources for which information

is not reported under clauses (i) through (ix) or clause

(xi) or (xii), and other outcomes accomplished as a

result of such activities carried out with the contributed

resources; and

‘‘(xi) the level of customer satisfaction with the

services provided.

‘‘SEC. 5. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES

RELATED TO ASSISTIVE TECHNOLOGY.

‘‘(a) GRANTS.— ‘‘(1) IN GENERAL.—The Secretary shall make grants under

subsection (b) to protection and advocacy systems in each State

for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices

or assistive technology services for individuals with disabilities.

‘‘(2) GENERAL AUTHORITIES.—In providing such assistance,

protection and advocacy systems shall have the same general

authorities as the systems are afforded under subtitle C of

title I of the Developmental Disabilities Assistance and Bill

of Rights Act of 2000 (42 U.S.C. 15041 et seq.), as determined

by the Secretary.

‘‘(b) GRANTS.—

‘‘(1) RESERVATION.—For each fiscal year, the Secretary shall

reserve such sums as may be necessary to carry out paragraph

(4).

‘‘(2) POPULATION BASIS.—From the funds appropriated

under section 8(b) for a fiscal year and remaining after the

reservation required by paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system

within each State in an amount bearing the same ratio to

the remaining funds as the population of the State bears to

the population of all States.

‘‘(3) MINIMUMS.—Subject to the availability of appropriations, the amount of a grant to a protection and advocacy

system under paragraph (2) for a fiscal year shall—

‘‘(A) in the case of a protection and advocacy system

located in American Samoa, Guam, the United States

Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and

‘‘(B) in the case of a protection and advocacy system

located in a State not described in subparagraph (A), not

be less than $50,000.

‘‘(4) PAYMENT TO THE SYSTEM SERVING THE AMERICAN

INDIAN CONSORTIUM.—

‘‘(A) IN GENERAL.—The Secretary shall make grants

to the protection and advocacy system serving the American

Indian Consortium to provide services in accordance with

this section.

‘‘(B) AMOUNT OF GRANTS.—The amount of such grants

shall be the same as the amount provided under paragraph

(3)(A).

‘‘(c) DIRECT PAYMENT.—Notwithstanding any other provision

of law, the Secretary shall pay directly to any protection and

advocacy system that complies with this section, the total amount

29 USC 3004.

118 STAT. 1726 PUBLIC LAW 108–364—OCT. 25, 2004

of the grant made for such system under this section, unless the

system provides otherwise for payment of the grant amount.

‘‘(d) CERTAIN STATES.—

‘‘(1) GRANT TO LEAD AGENCY.—Notwithstanding any other

provision of this section, with respect to a State that, on

November 12, 1998, was described in section 102(f)(1) of the

Technology-Related Assistance for Individuals With Disabilities

Act of 1988, the Secretary shall pay the amount of the grant

described in subsection (a), and made under subsection (b),

to the lead agency designated under section 4(c)(1) for the

State.

‘‘(2) DISTRIBUTION OF FUNDS.—A lead agency to which a

grant amount is paid under paragraph (1) shall determine

the manner in which funds made available through the grant

will be allocated among the entities that were providing protection and advocacy services in that State on the date described

in such paragraph, and shall distribute funds to such entities.

In distributing such funds, the lead agency shall not establish

any additional eligibility or procedural requirements for an

entity in the State that supports protection and advocacy services through a protection and advocacy system. Such an entity

shall comply with the same requirements (including reporting

and enforcement requirements) as any other entity that receives

funding under this section.

‘‘(3) APPLICATION OF PROVISIONS.—Except as provided in

this subsection, the provisions of this section shall apply to

the grant in the same manner, and to the same extent, as

the provisions apply to a grant to a system.

‘‘(e) CARRYOVER.—Any amount paid to an eligible system for

a fiscal year under this section that remains unobligated at the

end of such fiscal year shall remain available to such system for

obligation during the subsequent fiscal year. Program income generated from such amount shall remain available for 2 additional

fiscal years after the year in which such amount was paid to

an eligible system and may only be used to improve the awareness

of individuals with disabilities about the accessibility of assistive

technology and assist such individuals in the acquisition, utilization,

or maintenance of assistive technology devices or assistive technology services.

‘‘(f) REPORT TO SECRETARY.—An entity that receives a grant

under this section shall annually prepare and submit to the Secretary a report that contains such information as the Secretary

may require, including documentation of the progress of the entity

in—

‘‘(1) conducting consumer-responsive activities, including

activities that will lead to increased access, for individuals

with disabilities, to funding for assistive technology devices

and assistive technology services;

‘‘(2) engaging in informal advocacy to assist in securing

assistive technology devices and assistive technology services

for individuals with disabilities;

‘‘(3) engaging in formal representation for individuals with

disabilities to secure systems change, and in advocacy activities

to secure assistive technology devices and assistive technology

services for individuals with disabilities;

‘‘(4) developing and implementing strategies to enhance

the long-term abilities of individuals with disabilities and their

PUBLIC LAW 108–364—OCT. 25, 2004 118 STAT. 1727

family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology

devices and assistive technology services to which the individuals with disabilities are entitled under law other than this

Act;

‘‘(5) coordinating activities with protection and advocacy

services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency; and

‘‘(6) effectively allocating funds made available under this

section to improve the awareness of individuals with disabilities

about the accessibility of assistive technology and assist such

individuals in the acquisition, utilization, or maintenance of

assistive technology devices or assistive technology services.

‘‘(g) REPORTS AND UPDATES TO STATE AGENCIES.—An entity

that receives a grant under this section shall prepare and submit

to the lead agency of the State designated under section 4(c)(1)

the report described in subsection (f) and quarterly updates concerning the activities described in subsection (f).

‘‘(h) COORDINATION.—On making a grant under this section

to an entity in a State, the Secretary shall solicit and consider

the opinions of the lead agency of the State with respect to efforts

at coordination of activities, collaboration, and promoting outcomes

between the lead agency and the entity that receives the grant

under this section.

‘‘SEC. 6. NATIONAL ACTIVITIES.

‘‘(a) IN GENERAL.—In order to support activities designed to

improve the administration of this Act, the Secretary, under subsection (b)—

‘‘(1) may award, on a competitive basis, grants, contracts,

and cooperative agreements to entities to support activities

described in paragraphs (1) and (2) of subsection (b); and

‘‘(2) shall award, on a competitive basis, grants, contracts,

and cooperative agreements to entities to support activities

described in paragraphs (3), (4), and (5) of subsection (b).

‘‘(b) AUTHORIZED ACTIVITIES.—

‘‘(1) NATIONAL PUBLIC-AWARENESS TOOLKIT.—

‘‘(A) NATIONAL PUBLIC-AWARENESS TOOLKIT.—The Secretary may award a 1-time grant, contract, or cooperative

agreement to an eligible entity to support a training and

technical assistance program that—

‘‘(i) expands public-awareness efforts to reach targeted individuals and entities;

‘‘(ii) contains appropriate accessible multimedia

materials to reach targeted individuals and entities,

for dissemination to State assistive technology programs; and

‘‘(iii) in coordination with State assistive technology programs, provides meaningful and up-to-date

information to targeted individuals and entities about

the availability of assistive technology devices and

assistive technology services.

‘‘(B) ELIGIBLE ENTITY.—To be eligible to receive the

grant, contract, or cooperative agreement, an entity shall

develop a partnership that—

‘‘(i) shall consist of—

29 USC 3005.

118 STAT. 1728 PUBLIC LAW 108–364—OCT. 25, 2004

‘‘(I) a lead agency or implementing entity for

a State assistive technology program or an

organization or association that represents implementing entities for State assistive technology programs;

‘‘(II) a private or public entity from the media

industry;

‘‘(III) a private entity from the assistive technology industry; and

‘‘(IV) a private employer or an organization

or association that represents private employers;

‘‘(ii) may include other entities determined by the

Secretary to be necessary; and

‘‘(iii) may include other entities determined by the

applicant to be appropriate.

‘‘(2) RESEARCH AND DEVELOPMENT.— ‘‘(A) IN GENERAL.—The Secretary may award grants,

contracts, or cooperative agreements to eligible entities to

carry out research and development of assistive technology

that consists of—

‘‘(i) developing standards for reliability and accessibility of assistive technology, and standards for interoperability (including open standards) of assistive technology with information technology, telecommunications products, and other assistive technology; or

‘‘(ii) developing assistive technology that benefits

individuals with disabilities or developing technologies

or practices that result in the adaptation, maintenance,

servicing, or improvement of assistive technology

devices.

‘‘(B) ELIGIBLE ENTITIES.—Entities eligible to receive

a grant, contract, or cooperative agreement under this paragraph shall include—

‘‘(i) providers of assistive technology services and

assistive technology devices;

‘‘(ii) institutions of higher education, including

University Centers for Excellence in Developmental

Disabilities Education, Research, and Service authorized under subtitle D of title I of the Developmental

Disabilities Assistance and Bill of Rights Act of 2000

(42 U.S.C. 15061 et seq.), or such institutions offering

rehabilitation engineering programs, computer science

programs, or information technology programs;

‘‘(iii) manufacturers of assistive technology devices;

and

‘‘(iv) professionals, individuals, organizations, and

agencies providing services or employment to individuals with disabilities.

‘‘(C) COLLABORATION.—An entity that receives a grant,

contract, or cooperative agreement under this paragraph

shall, in developing and implementing the project carried

out through the grant, contract, or cooperative agreement

coordinate activities with the lead agency for the State

assistive technology program (or a national organization

that represents such programs) and the State advisory

council described in section 4(c)(2) (or a national organization that represents such councils).

PUBLIC LAW 108–364—OCT. 25, 2004 118 STAT. 1729

‘‘(3) STATE TRAINING AND TECHNICAL ASSISTANCE.—

‘‘(A) TRAINING AND TECHNICAL ASSISTANCE EFFORTS.—

The Secretary shall award a grant, contract, or cooperative

agreement to an entity to support a training and technical

assistance program that—

‘‘(i) addresses State-specific information requests

concerning assistive technology from entities funded

under this Act and public entities not funded under

this Act, including—

‘‘(I) requests for information on effective

approaches to Federal-State coordination of programs for individuals with disabilities, related to

improving funding for or access to assistive technology devices and assistive technology services

for individuals with disabilities of all ages;

‘‘(II) requests for state-of-the-art, or model,

Federal, State, and local laws, regulations, policies,

practices, procedures, and organizational structures, that facilitate, and overcome barriers to,

funding for, and access to, assistive technology

devices and assistive technology services;

‘‘(III) requests for information on effective

approaches to developing, implementing, evaluating, and sustaining activities described in sections 4 and 5 and related to improving funding

for or access to assistive technology devices and

assistive technology services for individuals with

disabilities of all ages, and requests for assistance

in developing corrective action plans;

‘‘(IV) requests for examples of policies, practices, procedures, regulations, or judicial decisions

that have enhanced or may enhance access to

funding for assistive technology devices and

assistive technology services for individuals with

disabilities;

‘‘(V) requests for information on effective

approaches to the development of consumer-controlled systems that increase access to, funding

for, and awareness of, assistive technology devices

and assistive technology services; and

‘‘(VI) other requests for training and technical

assistance from entities funded under this Act and

public and private entities not funded under this

Act;

‘‘(ii) assists targeted individuals and entities by

disseminating information about—

‘‘(I) Federal, State, and local laws, regulations,

policies, practices, procedures, and organizational

structures, that facilitate, and overcome barriers

to, funding for, and access to, assistive technology

devices and assistive technology services, to promote fuller independence, productivity, and inclusion in society for individuals with disabilities of

all ages; and

‘‘(II) technical assistance activities undertaken

under clause (i);

Grant.

Contract.

118 STAT. 1730 PUBLIC LAW 108–364—OCT. 25, 2004

‘‘(iii) provides State-specific, regional, and national

training and technical assistance concerning assistive

technology to entities funded under this Act, other

entities funded under this Act, and public and private

entities not funded under this Act, including—

‘‘(I) annually providing a forum for exchanging

information concerning, and promoting program

and policy improvements in, required activities of

the State assistive technology programs;

‘‘(II) facilitating onsite and electronic information sharing using state-of-the-art Internet technologies such as real-time online discussions,

multipoint video conferencing, and web-based

audio/video broadcasts, on emerging topics that

affect State assistive technology programs;

‘‘(III) convening experts from State assistive

technology programs to discuss and make recommendations with regard to national emerging

issues of importance to individuals with assistive

technology needs;

‘‘(IV) sharing best practice and evidence-based

practices among State assistive technology programs;

‘‘(V) maintaining an accessible website that

includes a link to State assistive technology programs, appropriate Federal departments and agencies, and private associations and developing a

national toll-free number that links callers from

a State with the State assistive technology program in their State;

‘‘(VI) developing or utilizing existing (as of

the date of the award involved) model cooperative

volume-purchasing mechanisms designed to reduce

the financial costs of purchasing assistive technology for required and discretionary activities

identified in section 4, and reducing duplication

of activities among State assistive technology programs; and

‘‘(VII) providing access to experts in the areas

of banking, microlending, and finance, for entities

funded under this Act, through site visits, teleconferences, and other means, to ensure access to

information for entities that are carrying out new

programs or programs that are not making

progress in achieving the objectives of the programs; and

‘‘(iv) includes such other activities as the Secretary

may require.

‘‘(B) ELIGIBLE ENTITIES.—To be eligible to receive a

grant, contract, or cooperative agreement under this paragraph, an entity shall have (directly or through grant or

contract)—

‘‘(i) experience and expertise in administering programs, including developing, implementing, and

administering the required and discretionary activities

described in sections 4 and 5, and providing technical

assistance; and

PUBLIC LAW 108–364—OCT. 25, 2004 118 STAT. 1731

‘‘(ii) documented experience in and knowledge

about banking, finance, and microlending.

‘‘(C) COLLABORATION.—In developing and providing

training and technical assistance under this paragraph,

including activities identified as priorities, a recipient of

a grant, contract, or cooperative agreement under this paragraph shall collaborate with other organizations, in

particular—

‘‘(i) organizations representing individuals with

disabilities;

‘‘(ii) national organizations representing State

assistive technology programs;

‘‘(iii) organizations representing State officials and

agencies engaged in the delivery of assistive technology;

‘‘(iv) the data-collection and reporting providers

described in paragraph (5); and

‘‘(v) other providers of national programs or programs of national significance funded under this Act.

‘‘(4) NATIONAL INFORMATION INTERNET SYSTEM.—

‘‘(A) IN GENERAL.—The Secretary shall award a grant,

contract, or cooperative agreement to an entity to renovate,

update, and maintain the National Public Internet Site

established under this Act (as in effect on the day before

the date of enactment of the Assistive Technology Act of

2004).

‘‘(B) FEATURES OF INTERNET SITE.—The National Public

Internet Site shall contain the following features:

‘‘(i) AVAILABILITY OF INFORMATION AT ANY TIME.—

The site shall be designed so that any member of

the public may obtain information posted on the site

at any time.

‘‘(ii) INNOVATIVE AUTOMATED INTELLIGENT

AGENT.—The site shall be constructed with an innovative automated intelligent agent that is a diagnostic

tool for assisting users in problem definition and the

selection of appropriate assistive technology devices

and assistive technology services resources.

‘‘(iii) RESOURCES.—

‘‘(I) LIBRARY ON ASSISTIVE TECHNOLOGY.—The

site shall include access to a comprehensive

working library on assistive technology for all

environments, including home, workplace,

transportation, and other environments.

‘‘(II) INFORMATION ON ACCOMMODATING

INDIVIDUALS WITH DISABILITIES.—The site shall

include access to evidence-based research and best

practices concerning how assistive technology can

be used to accommodate individuals with disabilities in the areas of education, employment, health

care, community living, and telecommunications

and information technology.

‘‘(III) RESOURCES FOR A NUMBER OF DISABILITIES.—The site shall include resources relating

to the largest possible number of disabilities,

including resources relating to low-level reading

skills.

Grant.

Contract.

118 STAT. 1732 PUBLIC LAW 108–364—OCT. 25, 2004

‘‘(iv) LINKS TO PRIVATE-SECTOR RESOURCES AND

INFORMATION.—To the extent feasible, the site shall

be linked to relevant private-sector resources and

information, under agreements developed between the

recipient of the grant, contract, or cooperative agreement and cooperating private-sector entities.

‘‘(v) LINKS TO PUBLIC-SECTOR RESOURCES AND

INFORMATION.—To the extent feasible, the site shall

be linked to relevant public-sector resources and

information, such as the Internet sites of the Office

of Special Education and Rehabilitation Services of

the Department of Education, the Office of Disability

Employment Policy of the Department of Labor, the

Small Business Administration, the Architectural and

Transportation Barriers Compliance Board, the Technology Administration of the Department of Commerce,

the Jobs Accommodation Network funded by the Office

of Disability Employment Policy of the Department

of Labor, and other relevant sites.

‘‘(vi) MINIMUM LIBRARY COMPONENTS.—At a minimum, the site shall maintain updated information

on—

‘‘(I) State assistive technology program demonstration sites where individuals may try out

assistive technology devices;

‘‘(II) State assistive technology program device

loan program sites where individuals may borrow

assistive technology devices;

‘‘(III) State assistive technology program

device reutilization program sites;

‘‘(IV) alternative financing programs or State

financing systems operated through, or independently of, State assistive technology programs, and

other sources of funding for assistive technology

devices; and

‘‘(V) various programs, including programs

with tax credits, available to employers for hiring

or accommodating employees who are individuals

with disabilities.

‘‘(C) ELIGIBLE ENTITY.—To be eligible to receive a grant,

contract, or cooperative agreement under this paragraph,

an entity shall be a nonprofit organization, for-profit

organization, or institution of higher education, that—

‘‘(i) emphasizes research and engineering;

‘‘(ii) has a multidisciplinary research center; and

‘‘(iii) has demonstrated expertise in—

‘‘(I) working with assistive technology and

intelligent agent interactive information dissemination systems;

‘‘(II) managing libraries of assistive technology

and disability-related resources;

‘‘(III) delivering to individuals with disabilities

education, information, and referral services,

including technology-based curriculum-development services for adults with low-level reading

skills;

PUBLIC LAW 108–364—OCT. 25, 2004 118 STAT. 1733

‘‘(IV) developing cooperative partnerships with

the private sector, particularly with private-sector

computer software, hardware, and Internet services entities; and

‘‘(V) developing and designing advanced Internet sites.

‘‘(5) DATA-COLLECTION AND REPORTING ASSISTANCE.— ‘‘(A) IN GENERAL.—The Secretary shall award grants,

contracts, and cooperative agreements to entities to assist

the entities in carrying out State assistive technology programs in developing and implementing effective data-collection and reporting systems that—

‘‘(i) focus on quantitative and qualitative data elements;

‘‘(ii) measure the outcomes of the required activities described in section 4 that are implemented by

the States and the progress of the States toward

achieving the measurable goals described in section

4(d)(3);

‘‘(iii) provide States with the necessary information

required under this Act or by the Secretary for reports

described in section 4(f)(2); and

‘‘(iv) help measure the accrued benefits of the

activities to individuals who need assistive technology.

‘‘(B) ELIGIBLE ENTITIES.—To be eligible to receive a

grant, contract, or cooperative agreement under this paragraph, an entity shall have personnel with—

‘‘(i) documented experience and expertise in administering State assistive technology programs;

‘‘(ii) experience in collecting and analyzing data

associated with implementing required and discretionary activities;

‘‘(iii) expertise necessary to identify additional data

elements needed to provide comprehensive reporting

of State activities and outcomes; and

‘‘(iv) experience in utilizing data to provide annual

reports to State policymakers.

‘‘(c) APPLICATION.—To be eligible to receive a grant, contract,

or cooperative agreement under this section, an entity shall submit

an application to the Secretary at such time, in such manner,

and containing such information as the Secretary may require.

‘‘(d) INPUT.—With respect to the activities described in subsection (b) to be funded under this section, including the national

and regionally based training and technical assistance efforts carried out through the activities, in designing the activities the Secretary shall consider, and in providing the activities providers shall

include, input of the directors of comprehensive statewide programs

of technology-related assistance, directors of alternative financing

programs, and other individuals the Secretary determines to be

appropriate, especially—

‘‘(1) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such

technology and assistive technology services;

‘‘(2) family members, guardians, advocates, and authorized

representatives of such individuals;

‘‘(3) individuals employed by protection and advocacy systems funded under section 5;

Grants.

Contracts.

118 STAT. 1734 PUBLIC LAW 108–364—OCT. 25, 2004

‘‘(4) relevant employees from Federal departments and

agencies, other than the Department of Education;

‘‘(5) representatives of businesses; and

‘‘(6) venders and public and private researchers and developers.

‘‘SEC. 7. ADMINISTRATIVE PROVISIONS.

‘‘(a) GENERAL ADMINISTRATION.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of

law, the Assistant Secretary for Special Education and Rehabilitative Services of the Department of Education, acting through

the Rehabilitation Services Administration, shall be responsible

for the administration of this Act.

‘‘(2) COLLABORATION.—The Assistant Secretary for Special

Education and Rehabilitative Services shall consult with the

Office of Special Education Programs, the Rehabilitation Services Administration, and the National Institute on Disability

and Rehabilitation Research in the Office of Special Education

and Rehabilitative Services, and appropriate Federal entities

in the administration of this Act.

‘‘(3) ADMINISTRATION.—In administering this Act, the

Rehabilitation Services Administration shall ensure that programs funded under this Act will address the needs of individuals with disabilities of all ages, whether the individuals will

use the assistive technology to obtain or maintain employment,

to obtain education, or for other reasons.

‘‘(4) ORDERLY TRANSITION.—

‘‘(A) IN GENERAL.—The Secretary shall take such steps

as the Secretary determines to be appropriate to provide

for the orderly transition to, and implementation of, programs authorized by this Act, from programs authorized

by the Assistive Technology Act of 1998, as in effect on

the day before the date of enactment of the Assistive Technology Act of 2004.

‘‘(B) CESSATION OF EFFECTIVENESS.—Subparagraph (A)

ceases to be effective on the date that is 6 months after

the date of enactment of the Assistive Technology Act of

2004.

‘‘(b) REVIEW OF PARTICIPATING ENTITIES.—

‘‘(1) IN GENERAL.—The Secretary shall assess the extent

to which entities that receive grants under this Act are complying with the applicable requirements of this Act and

achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received

the grants.

‘‘(2) PROVISION OF INFORMATION.—To assist the Secretary

in carrying out the responsibilities of the Secretary under this

section, the Secretary may require States to provide relevant

information, including the information required under subsection (d).

‘‘(c) CORRECTIVE ACTION AND SANCTIONS.— ‘‘(1) CORRECTIVE ACTION.—If the Secretary determines that

an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act,

or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the

grant program, the Secretary shall assist the entity, through

Termination

date.

29 USC 3006.

PUBLIC LAW 108–364—OCT. 25, 2004 118 STAT. 1735

technical assistance funded under section 6 or other means,

within 90 days after such determination, to develop a corrective

action plan.

‘‘(2) SANCTIONS.—If the entity fails to develop and comply

with a corrective action plan described in paragraph (1) during

a fiscal year, the entity shall be subject to 1 of the following

corrective actions selected by the Secretary:

‘‘(A) Partial or complete termination of funding under

the grant program, until the entity develops and complies

with such a plan.

‘‘(B) Ineligibility to participate in the grant program

in the following year.

‘‘(C) Reduction in the amount of funding that may

be used for indirect costs under section 4 for the following

year.

‘‘(D) Required redesignation of the lead agency designated under section 4(c)(1) or an entity responsible for

administering the grant program.

‘‘(3) APPEALS PROCEDURES.—The Secretary shall establish

appeals procedures for entities that are determined to be in

noncompliance with the applicable requirements of this Act,

or have not made substantial progress toward achieving the

measurable goals described in subsection (b)(1).

‘‘(4) SECRETARIAL ACTION.—As part of the annual report

required under subsection (d), the Secretary shall describe each

such action taken under paragraph (1) or (2) and the outcomes

of each such action.

‘‘(5) PUBLIC NOTIFICATION.—The Secretary shall notify the

public, by posting on the Internet website of the Department

of Education, of each action taken by the Secretary under

paragraph (1) or (2). As a part of such notification, the Secretary

shall describe each such action taken under paragraph (1)

or (2) and the outcomes of each such action.

‘‘(d) ANNUAL REPORT TO CONGRESS.—

‘‘(1) IN GENERAL.—Not later than December 31 of each

year, the Secretary shall prepare, and submit to the President

and to the Committee on Education and the Workforce of

the House of Representatives and the Committee on Health,

Education, Labor, and Pensions of the Senate, a report on

the activities funded under this Act to improve the access

of individuals with disabilities to assistive technology devices

and assistive technology services.

‘‘(2) CONTENTS.—Such report shall include—

‘‘(A) a compilation and summary of the information

provided by the States in annual progress reports submitted under section 4(f); and

‘‘(B) a summary of the State applications described

in section 4(d) and an analysis of the progress of the

States in meeting the measurable goals established in State

applications under section 4(d)(3).

‘‘(e) CONSTRUCTION.—Nothing in this section shall be construed

to affect the enforcement authority of the Secretary, another Federal

officer, or a court under part D of the General Education Provisions

Act (20 U.S.C. 1234 et seq.) or other applicable law.

‘‘(f) EFFECT ON OTHER ASSISTANCE.—This Act may not be construed as authorizing a Federal or State agency to reduce medical

118 STAT. 1736 PUBLIC LAW 108–364—OCT. 25, 2004

or other assistance available, or to alter eligibility for a benefit

or service, under any other Federal law.

‘‘(g) RULE.—The Assistive Technology Act of 1998 (as in effect

on the day before the date of enactment of the Assistive Technology

Act of 2004) shall apply to funds appropriated under the Assistive

Technology Act of 1998 for fiscal year 2004.

‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) STATE GRANTS FOR ASSISTIVE TECHNOLOGY AND NATIONAL

ACTIVITIES.— ‘‘(1) IN GENERAL.—There are authorized to be appropriated

to carry out sections 4 and 6 such sums as may be necessary

for each of fiscal years 2005 through 2010.

‘‘(2) RESERVATION.— ‘‘(A) DEFINITION.—In this paragraph, the term ‘higher

appropriation year’ means a fiscal year for which the

amount appropriated under paragraph (1) and made available to carry out section 4 is at least $665,000 greater

than the amount that—

‘‘(i) was appropriated under section 105 of this

Act (as in effect on October 1, 2003) for fiscal year

2004; and

‘‘(ii) was not reserved for grants under section

102 or 104 of this Act (as in effect on such date)

for fiscal year 2004.

‘‘(B) AMOUNT RESERVED FOR NATIONAL ACTIVITIES.—

Of the amount appropriated under paragraph (1) for a

fiscal year—

‘‘(i) not more than $1,235,000 may be reserved

to carry out section 6, except as provided in clause

(ii); and

‘‘(ii) for a higher appropriation year—

‘‘(I) not more than $1,900,000 may be reserved

to carry out section 6; and

‘‘(II) of the amount so reserved, the portion exceeding $1,235,000 shall be used to carry out

paragraphs (1) and (2) of section 6(b).

‘‘(b) STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES

RELATED TO ASSISTIVE TECHNOLOGY.—There are authorized to be

appropriated to carry out section 5 $4,419,000 for fiscal year 2005

and such sums as may be necessary for each of fiscal years 2006

through 2010.’’.

SEC. 3. CONFORMING AMENDMENTS.

(a) DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF

RIGHTS ACT OF 2000.—The Developmental Disabilities Assistance

and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.) is amended—

(1) in section 124(c)(3)(B), by striking ‘‘section 101 or 102

of the Assistive Technology Act of 1998 (29 U.S.C. 3011, 3012)’’

and inserting ‘‘section 4 or 5 of the Assistive Technology Act

of 1998’’;

(2) in section 125(c)(5)(G)(i), by striking ‘‘section 101 or

102 of the Assistive Technology Act of 1998 (29 U.S.C. 3011,

3012)’’ and inserting ‘‘section 4 or 5 of the Assistive Technology

Act of 1998’’;

(3) in section 143(a)(2)(D)(ii), by striking ‘‘section 101 or

102 of the Assistive Technology Act of 1998 (29 U.S.C. 3011,

42 USC 15043.

42 USC 15025.

42 USC 15024.

29 USC 3007.

Applicability.

PUBLIC LAW 108–364—OCT. 25, 2004 118 STAT. 1737

LEGISLATIVE HISTORY—H.R. 4278:

HOUSE REPORTS: No. 108–514 (Comm. on Education and the Workforce).

CONGRESSIONAL RECORD, Vol. 150 (2004):

June 14, considered and passed House.

Sept. 30, considered and passed Senate, amended.

Oct. 8, House concurred in Senate amendment.

Æ

3012)’’ and inserting ‘‘section 4 or 5 of the Assistive Technology

Act of 1998’’; and

(4) in section 154(a)(3)(E)(ii)(VI), by striking ‘‘section 101

or 102 of the Assistive Technology Act of 1998 (29 U.S.C.

3011, 3012)’’ and inserting ‘‘section 4 or 5 of the Assistive

Technology Act of 1998’’.

(b) REHABILITATION ACT OF 1973.—The Rehabilitation Act of

1973 (29 U.S.C. 701 et seq.) is amended—

(1) in section 203, by striking subsection (e) and inserting

the following:

‘‘(e) In this section—

‘‘(1) the terms ‘assistive technology’ and ‘universal design’

have the meanings given the terms in section 3 of the Assistive

Technology Act of 1998; and

‘‘(2) the term ‘targeted individuals’ has the meaning given

the term ‘targeted individuals and entities’ in section 3 of

the Assistive Technology Act of 1998.’’;

(2) in section 401(c)(2), by striking ‘‘targeted individuals’’

and inserting ‘‘targeted individuals and entities’’; and

(3) in section 502(d), by striking ‘‘targeted individuals’’

and inserting ‘‘targeted individuals and entities’’.

Approved October 25, 2004.

29 USC 792.

29 USC 781.

29 USC 763.

42 USC 15064.