H. R. 4278
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
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 eco-
nomic, political, social, cultural, and educational main-
stream of society in the United States.
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‘‘(3) Technology is one of the primary engines for economic
activity, education, and innovation in the Nation, and through-
out 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 impor-
tant 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 tech-
nology 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 expendi-
tures associated with early childhood intervention, education,
rehabilitation and training, health care, employment, residen-
tial 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 pro-
grams of technology-related assistance, which have proven effec-
tive 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 disabil-
ities 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 independ-
ence and participation of individuals with disabilities in society.
‘‘(8) The combination of significant recent changes in Fed-
eral policy (including changes to section 508 of the Rehabilita-
tion 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
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State assistive technology systems to continue to ensure that
individuals with disabilities reap the benefits of the techno-
logical revolution and participate fully in life in their commu-
nities.
‘‘(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 assist-
ance, 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 sup-
ports programs designed to maximize the ability of individuals
with disabilities and their family members, guardians, advo-
cates, and authorized representatives to obtain assistive tech-
nology devices and assistive technology services.
‘‘SEC. 3. DEFINITIONS.
‘‘In this Act:
‘‘(1) ADULT SERVICE PROGRAM.—The term ‘adult service pro-
gram’ means a program that provides services to, or is otherwise
substantially involved with the major life functions of, individ-
uals with disabilities. Such term includes—
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‘‘(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 Disabil-
ities 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 sub-
title C of title I of such Act (42 U.S.C. 15041 et seq.).
‘‘(3) ASSISTIVE
TECHNOLOGY.—The term ‘assistive tech-
nology’ 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 indi-
vidual in the customary environment of the individual;
‘‘(B) a service consisting of purchasing, leasing, or
otherwise providing for the acquisition of assistive tech-
nology 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, inter-
ventions, or services with assistive technology devices, such
as therapies, interventions, or services associated with edu-
cation and rehabilitation plans and programs;
‘‘(E) training or technical assistance for an individual
with a disability or, where appropriate, the family mem-
bers, guardians, advocates, or authorized representatives
of such an individual;
‘‘(F) training or technical assistance for professionals
(including individuals providing education and rehabilita-
tion services and entities that manufacture or sell assistive
technology devices), employers, providers of employment
and training services, or other individuals who provide
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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 con-
sumer-responsive programs or entities; and
‘‘(B) facilitate and increase access to, provision of, and
funding for, assistive technology devices and assistive tech-
nology services, in order to empower individuals with
disabilities to achieve greater independence, productivity,
and integration and inclusion within the community and
the workforce.
‘‘(7) COMPREHENSIVE STATEWIDE PROGRAM OF TECHNOLOGY-
RELATED ASSISTANCE.—The term ‘comprehensive statewide pro-
gram of technology-related assistance’ means a consumer-
responsive program of technology-related assistance for individ-
uals with disabilities, implemented by a State, and equally
available to all individuals with disabilities residing in the
State, regardless of their type of disability, age, income level,
or location of residence in the State, or the type of assistive
technology device or assistive technology service required.
‘‘(8) 
CONSUMER-RESPONSIVE.—The 
term 
‘consumer-
responsive’—
‘‘(A) with regard to policies, means that the policies
are consistent with the principles of—
‘‘(i) respect for individual dignity, personal respon-
sibility, 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 dis-
ability 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, individ-
uals 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
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‘‘(iii) facilitates the full and meaningful participa-
tion of individuals with disabilities (including individ-
uals 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 tech-
nology services to such individuals; and
‘‘(II) decisions related to the maintenance,
improvement, and evaluation of the comprehensive
statewide program of technology-related assist-
ance, 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 ‘indi-
vidual 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 Develop-
mental 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 Sec-
retary 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,
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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, Amer-
ican 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 author-
ized under section 4.
‘‘(16) TARGETED INDIVIDUALS AND ENTITIES.—The term ‘tar-
geted individuals and entities’ means—
‘‘(A) individuals with disabilities of all ages and their
family members, guardians, advocates, and authorized rep-
resentatives;
‘‘(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 per-
sonnel;
‘‘(E) technology experts (including web designers and
procurement officials);
‘‘(F) health, allied health, and rehabilitation profes-
sionals and hospital employees (including discharge plan-
ners);
‘‘(G) employers, especially small business employers,
and providers of employment and training services;
‘‘(H) entities that manufacture or sell assistive tech-
nology 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 ‘tech-
nology-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 ‘under-
represented 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.
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‘‘(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 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 pro-
vided 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
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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.—Notwith-
standing 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 require-
ments 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 sub-
section (d) and carrying out State activities
described in that application, including making
programmatic and resource allocation decisions
necessary to implement the comprehensive state-
wide program of technology-related assistance;
‘‘(II) coordinating the activities of the com-
prehensive statewide program of technology-
related assistance among public and private enti-
ties, including coordinating efforts related to
entering 
into 
interagency 
agreements, 
and
maintaining and evaluating the program; and