In the Senate of the United States,
September 30, 2004.
Resolved, That the bill from the House of Representa-
tives (H.R. 4278) entitled ‘‘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.’’, do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Assistive Technology Act
of 2004’’.
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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 ‘As-
sistive 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 assist-
ive 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 in-
dividuals to—
‘‘(A) live independently;
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‘‘(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 edu-
cational mainstream of society in the United
States.
‘‘(3) Technology is one of the primary engines
for economic activity, education, and innovation in
the Nation, and throughout the world. The commit-
ment of the United States to the development and uti-
lization of technology is one of the main factors un-
derlying the strength and vibrancy of the economy of
the United States.
‘‘(4) As technology has come to play an increas-
ingly important role in the lives of all persons in the
United States, in the conduct of business, in the func-
tioning of government, in the fostering of communica-
tion, in the conduct of commerce, and in the provi-
sion of education, its impact upon the lives of indi-
viduals 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 implica-
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tions 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 activi-
ties of daily living that significantly benefit individ-
uals with disabilities of all ages. These devices, in-
cluding adaptations, increase involvement in, and re-
duce expenditures associated with, programs and ac-
tivities that facilitate communication, ensure inde-
pendent functioning, enable early childhood develop-
ment, support educational achievement, provide and
enhance employment options, and enable full partici-
pation in community living for individuals with dis-
abilities. Access to such devices can also reduce ex-
penditures associated with early childhood interven-
tion, education, rehabilitation and training, health
care, employment, residential living, independent liv-
ing, recreation opportunities, and other aspects of
daily living.
‘‘(6) Over the last 15 years, the Federal Govern-
ment has invested in the development of comprehen-
sive statewide programs of technology-related assist-
ance, which have proven effective in assisting individ-
uals with disabilities in accessing assistive technology
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devices and assistive technology services. This part-
nership 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 tech-
nology devices and assistive technology services, there
is a continued need to provide information about the
availability of assistive technology, advances in im-
proving 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 sec-
tion 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-
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State investment in State assistive technology systems
to continue to ensure that individuals with disabil-
ities 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 pro-
vision of assistive technology to individuals with dis-
abilities through comprehensive statewide programs of
technology-related assistance, for individuals with dis-
abilities 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 tech-
nology 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 agen-
cies and private entities to provide and pay for
assistive technology devices and assistive tech-
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nology services on a statewide basis for individ-
uals with disabilities of all ages;
‘‘(D) increase the involvement of individ-
uals with disabilities and, if appropriate, their
family members, guardians, advocates, and au-
thorized 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 in-
volved 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, prac-
tices, procedures, and organizational structures,
that facilitate the availability or provision of as-
sistive 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 indi-
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viduals 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 fam-
ily 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 pro-
vides services to, or is otherwise substantially involved
with the major life functions of, individuals with dis-
abilities. Such term includes—
‘‘(A) a program providing residential, sup-
portive, 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 employ-
ment support agency connected to adult voca-
tional rehabilitation, such as a one-stop partner,
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as defined in section 101 of the Workforce Invest-
ment Act of 1998 (29 U.S.C. 2801); and
‘‘(D) a program carried out by another or-
ganization 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 ad-
vocacy 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 ‘assist-
ive technology’ means technology designed to be uti-
lized 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 com-
mercially, modified, or customized, that is used to in-
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crease, 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 tech-
nology needs of an individual with a disability,
including a functional evaluation of the impact
of the provision of appropriate assistive tech-
nology and appropriate services to the indi-
vidual in the customary environment of the indi-
vidual;
‘‘(B) a service consisting of purchasing,
leasing, or otherwise providing for the acquisi-
tion of assistive technology devices by individ-
uals with disabilities;
‘‘(C) a service consisting of selecting, de-
signing, fitting, customizing, adapting, apply-
ing, maintaining, repairing, replacing, or donat-
ing assistive technology devices;
‘‘(D) coordination and use of necessary
therapies, interventions, or services with assistive
technology devices, such as therapies, interven-
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tions, or services associated with education and
rehabilitation plans and programs;
‘‘(E) training or technical assistance for an
individual with a disability or, where appro-
priate, the family members, guardians, advo-
cates, 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 de-
vices), employers, providers of employment and
training services, or other individuals who pro-
vide services to, employ, or are otherwise sub-
stantially 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 indi-
viduals with disabilities.
‘‘(6) CAPACITY BUILDING AND ADVOCACY ACTIVI-
TIES.—The term ‘capacity building and advocacy ac-
tivities’ means efforts that—
‘‘(A) result in laws, regulations, policies,
practices, procedures, or organizational struc-
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tures that promote consumer-responsive pro-
grams or entities; and
‘‘(B) facilitate and increase access to, provi-
sion of, and funding for, assistive technology de-
vices and assistive technology services, in order
to empower individuals with disabilities to
achieve greater independence, productivity, and
integration and inclusion within the community
and the workforce.
‘‘(7) COMPREHENSIVE STATEWIDE PROGRAM OF
TECHNOLOGY-RELATED ASSISTANCE.—The term ‘com-
prehensive statewide program of technology-related as-
sistance’ means a consumer-responsive program of
technology-related assistance for individuals with dis-
abilities, implemented by a State, and equally avail-
able 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 ‘con-
sumer-responsive’—
‘‘(A) with regard to policies, means that the
policies are consistent with the principles of—
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‘‘(i) respect for individual dignity, per-
sonal responsibility, self-determination, and
pursuit of meaningful careers, based on in-
formed choice, of individuals with disabil-
ities;
‘‘(ii) respect for the privacy, rights,
and equal access (including the use of acces-
sible 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 representa-
tive, if an individual with a disability re-
quests, desires, or needs such involvement;
and
‘‘(v) support for individual and sys-
tems 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, guard-
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ians, advocates, or authorized representa-
tives;
‘‘(ii) responds to the needs of individ-
uals with disabilities in a timely and ap-
propriate manner; and
‘‘(iii) facilitates the full and meaning-
ful participation of individuals with dis-
abilities (including individuals from under-
represented populations and rural popu-
lations) and their family members, guard-
ians, advocates, and authorized representa-
tives, in—
‘‘(I) decisions relating to the pro-
vision of assistive technology devices
and assistive technology services to
such individuals; and
‘‘(II) decisions related to the
maintenance, improvement, and eval-
uation of the comprehensive statewide
program of technology-related assist-
ance, including decisions that affect ca-
pacity building and advocacy activi-
ties.
‘‘(9) DISABILITY.—The term ‘disability’ means a
condition of an individual that is considered to be a
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disability or handicap for the purposes of any Fed-
eral 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; INDIVID-
UALS 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 func-
tioning, or to achieve a greater level of func-
tioning 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.).
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‘‘(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 Individ-
uals 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, Amer-
ican Samoa, and the Commonwealth of the
Northern Mariana Islands.
‘‘(B) OUTLYING AREAS.—In section 4(b):
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‘‘(i) OUTLYING AREA.—The term ‘out-
lying area’ means the United States Virgin
Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Is-
lands.
‘‘(ii) STATE.—The term ‘State’ does
not include the United States Virgin Is-
lands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Is-
lands.
‘‘(15) STATE
ASSISTIVE
TECHNOLOGY
PRO-
GRAM.—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, includ-
ing the aging workforce;
‘‘(C) individuals who work for public or
private entities (including centers for inde-
pendent 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)
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that have contact, or provide services to, with in-
dividuals with disabilities;
‘‘(D) educators at all levels (including pro-
viders 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 de-
signers and procurement officials);
‘‘(F) health, allied health, and rehabilita-
tion professionals and hospital employees (in-
cluding discharge planners);
‘‘(G) employers, especially small business
employers, and providers of employment and
training services;
‘‘(H) entities that manufacture or sell as-
sistive technology devices;
‘‘(I) entities that carry out community pro-
grams designed to develop essential community
services in rural and urban areas; and
‘‘(J) other appropriate individuals and en-
tities, 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 ac-
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tivities that accomplish the purposes described in sec-
tion 2(b).
‘‘(18) UNDERREPRESENTED
POPULATION.—The
term ‘underrepresented population’ means a popu-
lation 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.
‘‘(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 inter-
operable 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 com-
prehensive statewide programs of technology-related assist-
ance 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
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family members, guardians, advocates, and authorized rep-
resentatives, to obtain assistive technology, and that are de-
signed 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 al-
lotments required for each State and out-
lying area under subparagraph (A) for such
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fiscal year, the Secretary shall ratably re-
duce the allotments for such fiscal year.
‘‘(ii) ADDITIONAL FUNDS.—If, after the
Secretary makes the reductions described in
clause (i), additional funds become avail-
able to carry out this section for the fiscal
year, the Secretary shall ratably increase
the allotments, until the Secretary has allot-
ted the entire base year amount.
‘‘(C) HIGHER APPROPRIATION YEARS.—Ex-
cept as provided in subparagraph (D), for a fis-
cal 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 Sec-
retary shall—
‘‘(I) from 50 percent of the por-
tion, allot to each State or outlying
area an equal amount; and
‘‘(II) from 50 percent of the por-
tion, allot to each State or outlying
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area an amount that bears the same
relationship to such 50 percent as the
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 de-
scribed in clause (ii), the Secretary shall—
‘‘(I) from 80 percent of the re-
mainder 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 re-
mainder, 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
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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 de-
velop, support, expand, or administer an alter-
native financing program.
‘‘(E) BASE YEAR AMOUNT.—In this para-
graph, the term ‘base year amount’ means the
total amount received by all States and outlying
areas under the grants described in subpara-
graph (A) for fiscal year 2004.
‘‘(c) LEAD AGENCY, IMPLEMENTING ENTITY, AND AD-
VISORY COUNCIL.—
‘‘(1) LEAD AGENCY AND IMPLEMENTING ENTI-
TY.—
‘‘(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 sec-
tion; and
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‘‘(II) to submit the application
described in subsection (d) on behalf of
the State, to ensure conformance with
Federal and State accounting require-
ments.
‘‘(ii) DUTIES.—The duties of the lead
agency shall include—
‘‘(I) preparing the application de-
scribed in subsection (d) and carrying
out State activities described in that
application, including making pro-
grammatic and resource allocation de-
cisions necessary to implement the
comprehensive statewide program of
technology-related assistance;
‘‘(II) coordinating the activities of
the comprehensive statewide program
of technology-related assistance among
public and private entities, including
coordinating efforts related to entering
into 
interagency 
agreements, 
and
maintaining and evaluating the pro-
gram; and
‘‘(III) coordinating efforts related
to the active, timely, and meaningful
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participation by individuals with dis-
abilities 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 Gov-
ernor may designate an agency, office, or other
entity to carry out State activities under this
section (referred to in this section as the ‘imple-
menting 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 adminis-
trative 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 im-
plementing entity, if the Governor shows to
the Secretary good cause why the entity des-
ignated as the lead agency, or the imple-
menting entity, respectively, should not
serve as that agency or entity, respectively.
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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 agen-
cy or implementing entity of the State to an
agency other than the lead agency or imple-
menting 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 estab-
lished an advisory council to provide consumer-
responsive, consumer-driven advice to the State
for, planning of, implementation of, and evalua-
tion of the activities carried out through the
grant, including setting the measurable goals de-
scribed in subsection (d)(3).
‘‘(B) 
COMPOSITION
AND
REPRESENTA-
TION.—
‘‘(i) 
COMPOSITION.—The 
advisory
council shall be composed of—
‘‘(I) individuals with disabilities
that use assistive technology or the
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family members or guardians of the in-
dividuals;
‘‘(II) a representative of the des-
ignated State agency, as defined in sec-
tion 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 Rehabilita-
tion 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 In-
vestment Act of 1998 (29 U.S.C. 2821);
‘‘(V) a representative of the State
educational agency, as defined in sec-
tion 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20
U.S.C. 7801); and
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‘‘(VI) 
representatives 
of 
other
State agencies, public agencies, or pri-
vate organizations, as determined by
the State.
‘‘(ii) MAJORITY.—
‘‘(I) IN
GENERAL.—A majority,
not less than 51 percent, of the mem-
bers 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 advi-
sory council shall be geographically rep-
resentative of the State and reflect the diver-
sity of the State with respect to race, eth-
nicity, 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 advi-
sory council shall receive no compensation for
their service on the advisory council, but shall be
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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 para-
graph 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 incor-
porated agencies who carry out State assistive
technology programs.
‘‘(d) APPLICATION.—
‘‘(1) IN GENERAL.—Any State that desires to re-
ceive a grant under this section shall submit an ap-
plication to the Secretary, at such time, in such man-
ner, and containing such information as the Sec-
retary may require.
‘‘(2) LEAD AGENCY AND IMPLEMENTING ENTI-
TY.—The application shall contain information iden-
tifying and describing the lead agency referred to in
subsection (c)(1)(A). The application shall contain in-
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formation identifying and describing the imple-
menting 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 ad-
dressing the assistive technology needs of individ-
uals with disabilities in the State related to—
‘‘(i) education, including goals involv-
ing the provision of assistive technology to
individuals with disabilities who receive
services under the Individuals with Disabil-
ities Education Act (20 U.S.C. 1400 et
seq.);
‘‘(ii) employment, including goals in-
volving the State vocational rehabilitation
program carried out under title I of the Re-
habilitation Act of 1973 (29 U.S.C. 720 et
seq.);
‘‘(iii) telecommunication and informa-
tion technology; and
‘‘(iv) community living; and
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‘‘(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 EN-
TITIES.—The application shall describe how various
public and private entities were involved in the devel-
opment 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 ex-
tent of resources that will be committed by public
and private collaborators to assist in accom-
plishing identified goals; and
‘‘(B) a description of the mechanisms estab-
lished 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, includ-
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ing 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 in-
clude assurances that—
‘‘(A) the State will annually collect data re-
lated to the required activities implemented by
the State under this section in order to prepare
the progress reports required under subsection
(f);
‘‘(B) funds received through the grant—
‘‘(i) will be expended in accordance
with this section; and
‘‘(ii) will be used to supplement, and
not supplant, funds available from other
sources for technology-related assistance, in-
cluding the provision of assistive technology
devices and assistive technology services;
‘‘(C) the lead agency will control and ad-
minister 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;
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‘‘(E) the physical facility of the lead agency
and implementing entity, if any, meets the re-
quirements of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) regarding
accessibility for individuals with disabilities;
‘‘(F) a public agency or an individual with
a disability holds title to any property pur-
chased 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 com-
ply with the standards established by the Archi-
tectural and Transportation Barriers Compli-
ance Board under section 508 of the Rehabilita-
tion 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 ac-
cess to such records as the Secretary may
require to ensure the correctness and
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verification of information provided to the
Secretary under this subparagraph.
‘‘(7) STATE SUPPORT.—The application shall in-
clude a description of the activities described in para-
graphs (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 activi-
ties 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 enti-
ties for that category of activities; and
‘‘(ii) the amount of the financial sup-
port is comparable to, or greater than, the
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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 subpara-
graph.
‘‘(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 serv-
ices (which shall not include direct payment for
such a device or service for an individual with
a disability but may include support and ad-
ministration of a program to provide such pay-
ment), including development of systems to pro-
vide 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 sys-
tems for the purchase, lease, or other acqui-
sition of, or payment for, assistive tech-
nology devices and assistive technology serv-
ices; or
‘‘(ii) support for the development of
State-financed or privately financed alter-
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native financing systems of subsidies (which
may include conducting an initial 1-year
feasibility study of, improving, admin-
istering, 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 pro-
gram;
‘‘(III) a revolving loan fund;
‘‘(IV) a loan guarantee or insur-
ance 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,
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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 tech-
nology devices to individuals, employers, public
agencies, or others seeking to meet the needs of
targeted individuals and entities, including oth-
ers 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 di-
rectly, 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 (in-
cluding assisting individuals in making in-
formed choices regarding, and providing ex-
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periences with, the devices and services),
using personnel who are familiar with such
devices and services and their applications.
‘‘(ii) 
COMPREHENSIVE
INFORMA-
TION.—The State shall directly, or through
referrals, provide to individuals, to the ex-
tent 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 ac-
tivities described in subparagraph (B). From
that portion, the State shall use at least 5 per-
cent of the portion for activities described in sub-
paragraph (B)(i)(III).
‘‘(B) REQUIRED ACTIVITIES.—
‘‘(i) TRAINING AND TECHNICAL ASSIST-
ANCE.—
‘‘(I) IN
GENERAL.—The State
shall directly, or provide support to
public or private entities with dem-
onstrated expertise in collaborating
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with public or private agencies that
serve individuals with disabilities, to
develop and disseminate training ma-
terials, conduct training, and provide
technical assistance, for individuals
from local settings statewide, including
representatives of State and local edu-
cational 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 sub-
clause (I), the State shall carry out ac-
tivities that enhance the knowledge,
skills, and competencies of individuals
from local settings described in sub-
clause (I), which may include—
‘‘(aa) 
general 
awareness
training on the benefits of assist-
ive technology and the Federal,
State, and private funding sources
available to assist targeted indi-
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viduals 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, as-
sistive technology services, and ac-
cessible technology for e-govern-
ment functions;
‘‘(dd) training in the impor-
tance of multiple approaches to
assessment and implementation
necessary to meet the individual-
ized needs of individuals with dis-
abilities; and
‘‘(ee) technical training on
integrating assistive technology
into the development and imple-
mentation of service plans, in-
cluding any education, health,
discharge, Olmstead, employment,
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or other plan required under Fed-
eral 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 ma-
terials, conduct training, facilitate ac-
cess to assistive technology, and pro-
vide technical assistance, to assist—
‘‘(aa) students with disabil-
ities, within the meaning of the
Individuals 
with 
Disabilities
Education Act (20 U.S.C. 1400 et
seq.), that receive transition serv-
ices; and
‘‘(bb) adults who are individ-
uals with disabilities maintaining
or transitioning to community
living.
‘‘(ii) 
PUBLIC-AWARENESS
ACTIVI-
TIES.—
‘‘(I) IN
GENERAL.—The State
shall conduct public-awareness activi-
ties designed to provide information to
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targeted individuals and entities relat-
ing to the availability, benefits, appro-
priateness, and costs of assistive tech-
nology devices and assistive technology
services, including—
‘‘(aa) the development of pro-
cedures for providing direct com-
munication between providers of
assistive technology and targeted
individuals and entities, which
may include partnerships with
entities in the statewide and local
workforce investment systems es-
tablished under the Workforce In-
vestment Act of 1998 (29 U.S.C.
2801 et seq.), State vocational re-
habilitation centers, public and
private employers, or elementary
and secondary public schools;
‘‘(bb) the development and
dissemination, to targeted indi-
viduals and entities, of informa-
tion about State efforts related to
assistive technology; and
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‘‘(cc) the distribution of ma-
terials to appropriate public and
private agencies that provide so-
cial, medical, educational, em-
ployment, 
and 
transportation
services to individuals with dis-
abilities.
‘‘(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, sen-
iors, and employers.
‘‘(III) STATEWIDE
INFORMATION
AND REFERRAL SYSTEM.—
‘‘(aa) 
IN
GENERAL.—The
State shall directly, or in collabo-
ration with public or private
(such as nonprofit) entities, pro-
vide for the continuation and en-
hancement of a statewide infor-
mation and referral system de-