IB 
Union Calendar No. 294
108TH CONGRESS 
2D SESSION 
H. R. 4278
[Report No. 108–514] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 5, 2004
Mr. MCKEON (for himself and Mr. BOEHNER) introduced the following bill; 
which was referred to the Committee on Education and the Workforce 
JUNE 1, 2004
Additional sponsors: Mr. KILDEE, Mr. HOLT, Mr. LANGEVIN, Mr. RAMSTAD, 
Mr. BALLENGER, Mr. GRIJALVA, Mr. VAN HOLLEN, Mr. ISAKSON, Mr. 
TOWNS, Mr. HOYER, Mr. KELLER, Mr. WILSON of South Carolina, Mr. 
BURNS, Ms. MCCOLLUM, Mr. PETRI, Mr. CANNON, Mr. MCNULTY, Ms. 
KAPTUR, Mr. MCDERMOTT, Mr. OWENS, Mr. PRICE of North Carolina, 
Mr. SANDERS, Mr. MATHESON, and Mr. FROST
JUNE 1, 2004
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 5, 2004] 
A BILL 
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Improving Access to As-
sistive Technology for Individuals with Disabilities 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 ‘As-
sistive Technology Act of 1998’. 
‘‘(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
‘‘Sec. 1. Short title; table of contents. 
‘‘Sec. 2. Findings and purposes. 
‘‘Sec. 3. Definitions. 
‘‘Sec. 4. Grants to States for purchase of assistive technology devices and assistive 
technology services. 
‘‘Sec. 5. Grants to States for protection and advocacy related to assistive tech-
nology. 
‘‘Sec. 6. Administrative provisions. 
‘‘Sec. 7. National activities. 
‘‘Sec. 8. Authorization of appropriations.
‘‘SEC. 2. FINDINGS AND PURPOSES. 
‘‘(a) FINDINGS.—Congress finds the following:
‘‘(1) Disability is a natural part of the human 
experience and in no way diminishes the right of in-
dividuals 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 edu-
cational mainstream of society in the United 
States. 
‘‘(2) 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. 
‘‘(3) 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 would have profound implica-
tions for individuals with disabilities in the United 
States. 
‘‘(4) Over the last 15 years, the Federal Govern-
ment has invested in the development of statewide 
comprehensive systems to help individuals with dis-
abilities gain access to assistive technology devices 
and services. This partnership with States provided 
an important service to individuals with disabilities 
by strengthening the capacity of each State to assist 
individuals with disabilities of all ages with their as-
sistive technology needs. 
‘‘(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 and 
adaptations increase the involvement, and reduce ex-
penditures associated with, programs and activities 
that facilitate communication, ensure independent 
living and functioning, enable early childhood devel-
opment, support educational achievement, provide
and enhance employment options, and enable full 
participation in community living and recreation for 
individuals with disabilities. 
‘‘(6) Despite the success of the Federal-State 
partnership in providing access to assistive tech-
nology and services, there is a continued need to pro-
vide 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 their independence and participa-
tion of individuals with disabilities in society. 
‘‘(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 human service agencies or between set-
tings 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-
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-
viduals 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) ADVOCACY SERVICES.—The term ‘advocacy 
services’, except as used as part of the term ‘protection 
and advocacy services’, means services provided to as-
sist individuals with disabilities and their family 
members, guardians, advocates, and authorized rep-
resentatives in accessing assistive technology devices 
and assistive technology services. 
‘‘(2) AMERICAN INDIAN CONSORTIUM.—The term 
‘American Indian Consortium’ has the meaning given 
the term in section 102(1) of the Developmental Dis-
abilities Assistance and Bill of Rights Act of 2000 
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. 
‘‘(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-
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) services consisting of purchasing, leas-
ing, or otherwise providing for the acquisition of 
assistive technology devices by individuals with 
disabilities; 
‘‘(C) services consisting of selecting, design-
ing, fitting, customizing, adapting, applying, 
maintaining, repairing, or replacing assistive 
technology devices; 
‘‘(D) coordination and use of necessary 
therapies, interventions, or services with assistive 
technology devices, such as therapies, interven-
tions, or services associated with education and 
rehabilitation plans and programs; 
‘‘(E) training or technical assistance for an 
individual with disabilities, or, where appro-
priate, the family members, guardians, advo-
cates, or authorized representatives of such an 
individual; and 
‘‘(F) training or technical assistance for 
professionals (including individuals providing 
education and rehabilitation services), employ-
ers, or other individuals who provide services to, 
employ, or are otherwise substantially involved
in the major life functions of individuals 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-
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 inte-
gration 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—
‘‘(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 ac-
tivity—
‘‘(i) is easily accessible to, and usable 
by, individuals with disabilities and, when 
appropriate, their family members, guard-
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 
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 one individual with a disability.
‘‘(11) INSTITUTION
OF
HIGHER
EDUCATION.—
The term ‘institution of higher education’ has the 
meaning given such term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1141(a)), and in-
cludes a community college receiving funding under 
the Tribally Controlled Community College 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 part C of the Develop-
mental Disabilities Assistance and Bill of Rights 
Act (42 U.S.C. 6041 et seq.), the Protection and 
Advocacy for Mentally Ill Individuals Act of 
1986 (42 U.S.C. 10801 et seq.), or section 509 of 
the Rehabilitation Act of 1973; 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 several States of the United States, the
District of Columbia, the Commonwealth of 
Puerto Rico, the United States Virgin Islands, 
Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands. 
‘‘(B) OUTLYING
AREAS.—In sections 4(c) 
and 5(b): 
‘‘(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) TARGETED INDIVIDUALS.—The term ‘tar-
geted individuals’ means—
‘‘(A) individuals with disabilities of all ages 
and their family members, guardians, advocates, 
and authorized representatives; 
‘‘(B) individuals who work for public or 
private entities (including insurers or managed 
care providers), that have contact with individ-
uals with disabilities;
‘‘(C) educators and related services per-
sonnel; 
‘‘(D) technology experts (including engi-
neers); 
‘‘(E) health and allied health professionals; 
‘‘(F) employers; and 
‘‘(G) other appropriate individuals and en-
tities. 
‘‘(16) TECHNOLOGY-RELATED ASSISTANCE.—The 
term ‘technology-related assistance’ means assistance 
provided through capacity building and advocacy ac-
tivities that accomplish the purposes described in any 
of subparagraphs (A) through (G) of section 2(b)(1). 
‘‘(17) 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. 
‘‘(18) 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 usable (without requiring assistive tech-
nologies) and products and services that are made us-
able with assistive technologies. 
‘‘SEC. 4. GRANTS TO STATES FOR PURCHASE OF ASSISTIVE 
TECHNOLOGY DEVICES AND ASSISTIVE TECH-
NOLOGY SERVICES. 
‘‘(a) GRANTS TO STATES.—The Secretary shall award 
grants, in accordance with this section, to States to main-
tain comprehensive statewide programs of technology re-
lated assistance to support programs that are 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. 
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—
‘‘(A) REQUIRED
ACTIVITIES.—Except as 
provided in subparagraph (C), any State that 
receives a grant under this section shall use a 
portion of the funds made available through the 
grant to carry out the activities described in sub-
paragraphs (A) and (B) of paragraph (2). 
‘‘(B) 
DISCRETIONARY
ACTIVITIES.—Any 
State that receives a grant under this section
may use the funds made available through the 
grant to carry out the activities described in sub-
paragraph (C) or (D) of paragraph (2). 
‘‘(C) SPECIAL RULE.—Any State in which 
financial support for the activities described in 
subparagraph (A) or (B) of paragraph (2) is 
provided from State or other resources shall not 
be required to expend the funds provided under 
the grant to carry out the activities described in 
subparagraph (A) or (B), as the case may be. 
Such financial support shall be comparable to 
the amount of the grant the State would other-
wise have expended for such activities. 
‘‘(2) STATE-LEVEL ACTIVITIES.—
‘‘(A) STATE FINANCE SYSTEMS.—The State 
shall support activities to increase access to, and 
funding for, assistive technology devices and as-
sistive technology services, including the develop-
ment of systems to provide assistive technology 
devices and assistive technology services to indi-
viduals with disabilities of all ages, and that 
pay for such devices and services, such as—
‘‘(i) the development of systems for the 
purchase, lease, other acquisition, or pay-
ment for the provision of assistive tech-
nology devices and assistive technology serv-
ices; or 
‘‘(ii) the establishment of alternative 
State or privately funded systems of sub-
sidies for the provision of assistive tech-
nology devices or assistive technology serv-
ices, 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 operated by a 
partnership among private entities for 
the purchase, lease, or other acquisition 
of assistive technology devices or assist-
ive technology services; or 
‘‘(VI) another mechanism ap-
proved by the Secretary. 
‘‘(B) DEVICE LOAN PROGRAMS.—The State 
shall directly, or in collaboration with public or 
private entities, carry out device loan programs 
that support the short-term loan of assistive tech-
nology devices to individuals, employers, public
agencies, public accommodations, or others seek-
ing to meet the needs of targeted individuals, in-
cluding to comply with the Individuals with Dis-
abilities Education Act, the Americans with Dis-
abilities Act of 1990, and section 504 of the Re-
habilitation Act of 1973. 
‘‘(C) 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, recycling, or other re-
utilization of assistive technology devices, which 
may include redistribution through device and 
equipment loans, rentals, or gifts. 
‘‘(D) DEVICE DEMONSTRATION PROGRAM.—
The State shall directly, or in collaboration with 
public or private entities, carry out assistive 
technology device demonstration programs that 
provide for the ability of targeted individuals to 
learn about the use and operation of assistive 
technology devices. 
‘‘(3) STATE LEADERSHIP ACTIVITIES.—
‘‘(A) IN GENERAL.—Any State that receives 
a grant under this section may use up to 40 per-
cent of the funds made available through the
grant to carry out the activities described in sub-
paragraph (B). 
‘‘(B) REQUIRED
ACTIVITIES.—The State 
shall support—
‘‘(i) public awareness activities de-
signed to provide information to targeted 
individuals relating to the availability and 
benefits of assistive technology devices and 
assistive technology services, including—
‘‘(I) the development and dissemi-
nation of information relating to—
‘‘(aa) the nature of assistive 
technology devices and assistive 
technology services; 
‘‘(bb) the appropriateness of, 
cost of, availability of, evaluation 
of, and access to, assistive tech-
nology devices and assistive tech-
nology services; and 
‘‘(cc) the benefits of assistive 
technology devices and assistive 
technology services with respect to 
enhancing the capacity of individ-
uals with disabilities of all ages to 
perform activities of daily living;
‘‘(II) the development of proce-
dures for providing direct communica-
tion between providers of assistive tech-
nology and targeted individuals, which 
may include partnerships with the 
State and local workforce investment 
system established under the Workforce 
Investment Act of 1998, State voca-
tional rehabilitation centers, public 
and private employers, or elementary 
and secondary public schools; 
‘‘(III) the development and dis-
semination, to targeted individuals, of 
information about State efforts related 
to assistive technology; and 
‘‘(IV) the distribution of materials 
to appropriate public and private 
agencies that provide social, medical, 
educational, employment, and trans-
portation services to individuals with 
disabilities; and 
‘‘(ii) technical assistance and training 
on—
‘‘(I) the development of training 
materials and the conduct of training
in the use of assistive technology de-
vices and assistive technology services; 
‘‘(II) providing technical assist-
ance, including technical assistance 
concerning how—
‘‘(aa) to consider the needs of 
an individual with a disability 
for assistive technology devices 
and assistive technology services 
in developing any individualized 
plan or program authorized under 
Federal or State law; and 
‘‘(bb) to increase consumer 
participation regarding assistive 
technology devices and assistive 
technology services; and 
‘‘(III) the enhancement of the as-
sistive technology skills and com-
petencies of—
‘‘(aa) individuals who work 
for public or private entities (in-
cluding insurers and managed 
care providers), who have contact 
with individuals with disabilities;
‘‘(bb) educators and related 
services personnel; 
‘‘(cc) technology experts (in-
cluding engineers); 
‘‘(dd) 
health 
and 
allied 
health professionals; 
‘‘(ee) employers; and 
‘‘(ff) other appropriate per-
sonnel; and 
‘‘(iii) outreach and support to state-
wide and community-based organizations 
that provide assistive technology devices and 
assistive technology services to individuals 
with disabilities or that assist individuals 
with disabilities in using assistive tech-
nology devices and assistive technology serv-
ices, including a focus on organizations as-
sisting individuals from underrepresented 
populations and rural populations, and fur-
ther including support such as outreach to 
consumer organizations and groups in the 
State to coordinate efforts to assist individ-
uals with disabilities of all ages and their 
family members, guardians, advocates, or 
authorized representatives, to obtain fund-
ing for, access to, and information on eval-
uation of assistive technology devices and 
assistive technology services. 
‘‘(C) AUTHORIZED ACTIVITIES.—The State 
may support the operation and administration 
of the activities in paragraph (2), through inter-
agency coordination to develop and promote the 
adoption of policies that improve access to assist-
ive technology devices and assistive technology 
services for individuals with disabilities of all 
ages in the State and that result in improved co-
ordination among public and private entities 
that are responsible or have the authority to be 
responsible, for policies, procedures, or funding 
for, or the provision of assistive technology de-
vices and assistive technology services to, such 
individuals. 
‘‘(4) INDIRECT COSTS.—Not more than 10 per-
cent 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 tech-
nology device for an individual with a disability.
‘‘(6) STATE FLEXIBILITY.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1)(A) and subject to subparagraph (B), a 
State may use funds that it receives under a 
grant under this section to carry out any of the 
activities described in paragraph (2). 
‘‘(B) 
SPECIAL
RULE.—Notwithstanding 
paragraph (3)(A), any State which exercises its 
authority under subparagraph (A) may not use 
more than 30 percent of the funds made avail-
able through the grant to carry out the activities 
described in paragraph (3)(B). 
‘‘(c) AMOUNT OF FINANCIAL ASSISTANCE.—
‘‘(1) GRANTS TO OUTLYING AREAS.—From the 
funds appropriated under section 8(a) for any fiscal 
year for grants under this section, the Secretary shall 
make a grant in an amount of not more than 
$105,000 to each eligible outlying area. 
‘‘(2) GRANTS TO STATES.—From the funds de-
scribed in paragraph (1) that are not used to make 
grants under paragraph (1), the Secretary shall make 
grants to States in accordance with the requirements 
described in paragraph (3). 
‘‘(3) CALCULATION OF STATE GRANTS.—
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Secretary shall allocate 
funds to each State for a fiscal year in an 
amount that bears the same ratio as the popu-
lation of the State bears to the population of all 
States. 
‘‘(B) MINIMUM ALLOTMENT.—A State shall 
receive an amount under a grant for a fiscal 
year that is not less than the amount the State 
received under the grant provided under title I 
of this Act (as in effect on the day before the date 
of the enactment of the Improving Access to As-
sistive Technology for Individuals with Disabil-
ities Act of 2004) for fiscal year 2004. 
‘‘(C) RATABLE REDUCTIONS.—
‘‘(i) IN GENERAL.—If amounts made 
available to carry out this section for any 
fiscal year are insufficient to meet the min-
imum allotment requirement for each State 
under subparagraph (B) for such fiscal 
year, the Secretary shall ratably reduce 
such amounts for such fiscal year. 
‘‘(ii) ADDITIONAL
FUNDS.—If addi-
tional funds become available for making 
payments described under this subsection
for any such fiscal year, the amounts that 
were reduced under clause (i) shall be in-
creased on the same basis as such amounts 
were reduced. 
‘‘(d) LEAD AGENCY.—
‘‘(1) DESIGNATION.—To be eligible to receive a 
grant under this section, the Governor of the State 
shall designate in accordance with paragraph (2) a 
lead agency to administer the grant under this sec-
tion. 
‘‘(2) ELIGIBLE
ENTITIES.—For purposes of 
paragraph (1), the Governor of the State may des-
ignate one of the following: 
‘‘(A) The State agency responsible for the 
administration of vocational rehabilitation in 
the State. 
‘‘(B) A commission, council, or other offi-
cial body appointed by the Governor. 
‘‘(C) A public-private partnership or con-
sortium. 
‘‘(D) A public agency (including the office 
of the Governor, a State oversight office, a State 
agency, a public institution of higher education, 
or other public entity).
‘‘(E) A council established under Federal or 
State law. 
‘‘(F) An organization described in section 
501(c)(3) of Internal Revenue Code of 1986 and 
exempt from tax under section 501(a) of that 
Act. 
‘‘(G) Another appropriate office, agency, en-
tity, or organization. 
‘‘(3) DUTIES OF THE LEAD AGENCY.—The duties 
of the lead agency shall include—
‘‘(A) submitting the application described 
in subsection (e) on behalf of the State; 
‘‘(B) administering and supervising the use 
of amounts made available under the grant re-
ceived by the State under this section; 
‘‘(C)(i) coordinating efforts related to, and 
supervising the preparation of, the application 
described in subsection (e); 
‘‘(ii) coordinating, maintaining, and evalu-
ating the comprehensive statewide program of 
technology-related assistance among public agen-
cies and between public agencies and private en-
tities, including coordinating efforts related to 
entering into interagency agreements; and
‘‘(iii) coordinating efforts, especially efforts 
carried out with entities that provide protection 
and advocacy services described in section 5, re-
lated to the active, timely, and meaningful par-
ticipation by individuals with disabilities and 
their family members, guardians, advocates, or 
authorized representatives, and other appro-
priate individuals, with respect to activities car-
ried out under the grant; 
‘‘(D) delegating, in whole or in part, any 
responsibilities described in subparagraph (A), 
(B), or (C) to one or more appropriate offices, 
agencies, entities, or individuals; and 
‘‘(E) establishing a partnership or partner-
ships with private providers of social, medical, 
educational, employment, and transportation 
services to individuals with disabilities. 
‘‘(4) CHANGE IN LEAD AGENCY.—The Governor 
may change the lead agency of the State (to an agen-
cy other than the lead agency of the State as of the 
date of the enactment of the Improving Access to As-
sistive Technology for Individuals with Disabilities 
Act of 2004) if the Governor provides a justification 
in the application to the Secretary for such action. 
Nothing in this subsection shall be construed to re-
quire the Governor of a State to change the lead agen-
cy of the State to an agency other than the lead agen-
cy of such State as of the date of the enactment of the 
Improving Access to Assistive Technology for Individ-
uals with Disabilities Act of 2004. 
‘‘(e) STATE APPLICATION.—
‘‘(1) SUBMISSION.—Any State that desires to re-
ceive a grant under this section shall submit to the 
Secretary an application at such time and in such 
manner as the Secretary may specify. 
‘‘(2) CONTENT.—Each application shall contain, 
at a minimum, the following information: 
‘‘(A) PLANNED ACTIVITIES.—A description 
of those activities described in subsection (b)(2) 
that the State will carry out under the grant. 
‘‘(B) MEASURABLE GOALS.—A description 
of—
‘‘(i) the measurable goals the State has 
set for addressing the assistive technology 
needs of individuals with disabilities in the 
State, including any measurable goals, and 
a timeline for meeting such goals, related 
to—
‘‘(I) education, including goals in-
volving the provision of assistive tech-
nology to individuals with disabilities 
that receive services under the Individ-
uals with Disabilities Education Act; 
‘‘(II) employment, including goals 
involving the State vocational rehabili-
tation program carried out under title 
I of the Rehabilitation Act of 1973; 
‘‘(III) telecommunication and in-
formation technology; and 
‘‘(IV) community living; and 
‘‘(ii) how the State will quantifiably 
measure the goals to determine whether the 
goals have been achieved. 
‘‘(C) INVOLVEMENT OF INDIVIDUALS WITH 
DISABILITIES OF ALL AGES AND THEIR FAMI-
LIES.—A description of how individuals with 
disabilities of all ages and their families—
‘‘(i) were involved in selecting—
‘‘(I) the goals; 
‘‘(II) the activities to be under-
taken in achieving the goals; and 
‘‘(III) the measures to be used in 
judging if the goals have been achieved; 
and
‘‘(ii) will be involved in measuring 
whether the goals have been achieved. 
‘‘(D) STATE
SUPPORT.—A description of 
those activities described in subsection (b)(2) that 
the State will support under the grant, including 
at a minimum the State’s plans to provide fi-
nancial support, consistent with subsection 
(b)(1), for the activities described in subpara-
graphs (A) and (B) of such subsection. 
‘‘(E) ASSURANCE.—An assurance that the 
physical location of the entity responsible for 
conducting the State activities under this Act 
meets the requirements of the Americans with 
Disabilities Act of 1990 regarding accessibility 
for individuals with disabilities. 
‘‘(F) OTHER INFORMATION.—Such other in-
formation as the Secretary may reasonably re-
quire. 
‘‘SEC. 5. GRANTS TO STATES FOR PROTECTION AND ADVO-
CACY RELATED TO ASSISTIVE TECHNOLOGY. 
‘‘(a) GRANTS TO STATES.—The Secretary shall make 
a grant to an entity in each State to support protection 
and advocacy services through the systems established to 
provide protection and advocacy services under the Develop-
mental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6000 et seq.) for the purposes of assisting in the ac-
quisition, utilization, or maintenance of assistive tech-
nology or assistive technology services for individuals with 
disabilities. 
‘‘(b) AMOUNT OF FINANCIAL ASSISTANCE.—
‘‘(1) GRANTS TO OUTLYING AREAS AND AMER-
ICAN INDIAN CONSORTIUM.—
‘‘(A) OUTLYING
AREAS.—From the funds 
appropriated under section 8(b) for any fiscal 
year, the Secretary shall make a grant in an 
amount of not more than $30,000 to each eligible 
system within an outlying area. 
‘‘(B) AMERICAN
INDIAN
CONSORTIUM.—
From the funds appropriated under section 8(b) 
for any fiscal year, the Secretary shall make a 
grant in an amount of not more than $30,000 to 
the American Indian Consortium to provide 
services in the same manner as an eligible sys-
tem described under this section. If the amount 
appropriated under section 8(b) for a fiscal year 
exceeds the amount appropriated under such sec-
tion for the preceding fiscal year, then the 
amount referred to in the preceding sentence 
shall be increased for such fiscal year by the 
same percentage as such amount appropriated
under section 8(b) exceeds the amount appro-
priated under such section for the preceding fis-
cal year. 
‘‘(2) GRANTS TO STATES.—For any fiscal year, 
after reserving funds to make grants under paragraph 
(1), the Secretary shall make allotments from the re-
mainder of the funds in accordance with paragraph 
(3) to eligible systems within States to support protec-
tion and advocacy services as described in subsection 
(a). The Secretary shall make grants to the eligible 
systems from the allotments. 
‘‘(3) SYSTEMS WITHIN STATES.—
‘‘(A) POPULATION BASIS.—Except as pro-
vided in subparagraph (B), from such remainder 
for each fiscal year, the Secretary shall make an 
allotment to the eligible system within a State of 
an amount bearing the same ratio to such re-
mainder as the population of the State bears to 
the population of all States. 
‘‘(B) MINIMUMS.—Subject to the avail-
ability of appropriations to carry out this sec-
tion, the allotment to any system under subpara-
graph (A) shall be not less than $50,000, and the 
allotment to any system under this paragraph