for any fiscal year that is less than $50,000 shall 
be increased to $50,000. 
‘‘(4) REALLOTMENT.—Whenever the Secretary 
determines that any amount of an allotment under 
paragraph (3) to a system within a State for any fis-
cal year will not be expended by such system in car-
rying out the provisions of this section, the Secretary 
shall make such amount available for carrying out the 
provisions of this section to all other systems in the 
same proportion such amounts were first allocated to 
such systems. 
‘‘(5) CARRYOVER.—Any amount paid to an eli-
gible system for a fiscal year under this section that 
remains unobligated at the end of such fiscal year 
shall remain available to such system for obligation 
during the subsequent fiscal year, except that program 
income generated from such amount shall remain 
available for two additional fiscal years and may 
only be used to improve the awareness of individuals 
with disabilities on the accessibility of assistive tech-
nology and assisting such individuals in the acquisi-
tion, utilization, or maintenance of assistive tech-
nology or assistive technology services. 
‘‘(c) REPORT TO SECRETARY.—An entity that receives 
a grant under this section shall annually prepare and sub-
mit to the Secretary a report that contains such informa-
tion as the Secretary may require, including documentation 
of the progress of the entity in—
‘‘(1) conducting consumer-responsive activities, 
including activities that will lead to increased access, 
for individuals with disabilities, to funding for assist-
ive technology devices and assistive technology serv-
ices; 
‘‘(2) engaging in informal advocacy to assist in 
securing assistive technology and assistive technology 
services for individuals with disabilities; 
‘‘(3) engaging in formal representation for indi-
viduals with disabilities to secure systems change, and 
in advocacy activities to secure assistive technology 
and assistive technology services for individuals with 
disabilities; 
‘‘(4) developing and implementing strategies to 
enhance the long-term abilities of individuals with 
disabilities and their family members, guardians, ad-
vocates, and authorized representatives to advocate the 
provision of assistive technology devices and assistive 
technology services to which the individuals with dis-
abilities are entitled under law other than this Act; 
‘‘(5) coordinating activities with protection and 
advocacy services funded through sources other than
this Act, and coordinating activities with the capac-
ity building and advocacy activities carried out by 
the lead agency; and 
‘‘(6) effectively allocating carryover funds de-
scribed in subsection (b)(5) to improve the awareness 
of individuals with disabilities on the accessibility of 
assistive technology and assisting them in the acquisi-
tion, utilization, or maintenance of assistive tech-
nology or assistive technology services. 
‘‘(d) REPORTS AND UPDATES TO STATE AGENCIES.—
An entity that receives a grant under this section shall pre-
pare and submit to the lead agency the report described in 
subsection (c) and quarterly updates concerning the activi-
ties described in subsection (c). 
‘‘(e) COORDINATION.—On making a grant under this 
section to an entity in a State, the Secretary shall solicit 
and consider the opinions of the lead agency of the State 
designated under section 4(d) with respect to efforts at co-
ordination, collaboration, and promoting outcomes between 
the lead agency and the entity that receives the grant under 
this section. 
‘‘SEC. 6. ADMINISTRATIVE PROVISIONS. 
‘‘(a) GENERAL
ADMINISTRATION.—Notwithstanding 
any other provision of law, the Rehabilitation Services Ad-
ministration in the Office of Special Education and Reha-
bilitative Services of the Department of Education shall be 
responsible for the administration of this Act. 
‘‘(b) REVIEW OF PARTICIPATING ENTITIES.—
‘‘(1) IN GENERAL.—The Secretary shall assess 
the extent to which entities that receive grants pursu-
ant to this Act are complying with the applicable re-
quirements of this Act and achieving the quantifiable, 
measurable goals that are consistent with the require-
ments of the grant programs under which the entities 
applied for the grants. 
‘‘(2) PROVISION OF INFORMATION.—To assist the 
Secretary in carrying out the responsibilities of the 
Secretary under this section, the Secretary may re-
quire States to provide relevant information, includ-
ing the information required under subsection (d). 
‘‘(c) CORRECTIVE ACTION AND SANCTIONS.—
‘‘(1) CORRECTIVE ACTION.—If the Secretary de-
termines that an entity fails to substantially comply 
with the requirements of this Act or to substantially 
make progress towards meeting the goals established 
under section 4(e)(2)(B) with respect to a grant pro-
gram, the Secretary shall assist the entity through 
technical assistance funded under section 7 or other 
means, within 90 days after such determination, to 
develop a corrective action plan.
‘‘(2) SANCTIONS.—An entity that fails to develop 
and comply with a corrective action plan as described 
in paragraph (1) during a fiscal year shall be subject 
to one of the following corrective actions selected by 
the Secretary: 
‘‘(A) Partial or complete withholding of 
funds under the grant program until such plan 
is developed and implemented. 
‘‘(B) Reduction in the amount of funding 
that may be used for indirect costs under section 
4(b)(4) for the following year under the grant 
program. 
‘‘(C) Required redesignation of the lead 
agency designated under section 4(d) or an enti-
ty responsible for administering the grant pro-
gram. 
‘‘(3) APPEALS
PROCEDURES.—The Secretary 
shall establish appeals procedures for entities that are 
found to be in noncompliance with the requirements 
of this Act or have not substantially made progress to-
wards meeting the goals established under section 
4(e)(2)(B). 
‘‘(4) SECRETARIAL ACTION.—As part of the an-
nual report required under subsection (d), the Sec-
retary shall describe each such action taken under
paragraph (1) or (2) and the outcomes of each such 
action. 
‘‘(5) PUBLIC NOTIFICATION.—The Secretary shall 
notify the public by posting on the Internet website 
of the Department of Education of each action taken 
by the Secretary under paragraph (1) or (2). As a 
part of such notification, the Secretary shall describe 
each such action taken under paragraph (1) or (2) 
and the outcomes of each such action. 
‘‘(d) ANNUAL REPORT.—
‘‘(1) IN GENERAL.—Not later than December 31 
of each year, the Secretary shall prepare, and submit 
to the President and to the Committee on Education 
and the Workforce of the House of Representatives 
and the Committee on Health, Education, Labor, and 
Pensions of the Senate, a report on the activities 
funded under this Act to improve the access of indi-
viduals with disabilities to assistive technology devices 
and assistive technology services. 
‘‘(2) CONTENTS.—Such report shall include in-
formation on—
‘‘(A) the type of alternative financing mech-
anisms used by each State under the program; 
‘‘(B) the amount and type of assistance 
given to consumers (who shall be classified by
age, type of disability, type of assistive tech-
nology device or assistive technology service fi-
nanced through the program, geographic dis-
tribution within the State, gender, and whether 
the consumers are part of an underrepresented 
population or rural population), including—
‘‘(i) the number of applications for as-
sistance received; 
‘‘(ii) the number of applications ap-
proved and rejected; 
‘‘(iii) the default rate; 
‘‘(iv) the range and average interest 
rate; 
‘‘(v) the range and average income of 
approved loan applicants; and 
‘‘(vi) the types and dollar amounts of 
assistive technology financed; 
‘‘(C) the number, type, and length of time 
of loans of assistive technology devices provided 
to individuals with disabilities, employers, pub-
lic agencies, or public accomodations, including 
an analysis of the individuals with disabilities 
who have benefited from the device loan program; 
‘‘(D) the number, type, estimated value, and 
scope of device reutilization programs, including
an analysis of the individuals with disabilities 
that have benefited from the device loan pro-
gram; 
‘‘(E) the number and type of equipment 
demonstrations provided, including an analysis 
of individuals with disabilities who have bene-
fited from the program; 
‘‘(F) a summary of the State plans and an-
nual reports submitted by the States, including 
an analysis of the progress of the States in meet-
ing their goals established in the State applica-
tion; 
‘‘(G) the number of individuals who re-
ceived training and the topics of such training; 
‘‘(H) the frequency and nature of technical 
assistance provided to State and local govern-
mental agencies and other entities; and 
‘‘(I) the outcomes of interagency coordina-
tion and collaboration activities carried out by 
the State, as applicable, that support access to 
assistive technology including the type, purpose, 
and source of leveraged funding or other contrib-
uted resources from public and private entities. 
‘‘(e) EFFECT ON OTHER ASSISTANCE.—This Act may 
not be construed as authorizing a Federal or a State agency
to reduce medical or other assistance available, or to alter 
eligibility for a benefit or service, under any other Federal 
law. 
‘‘SEC. 7. NATIONAL ACTIVITIES. 
‘‘(a) IN GENERAL.—Through grants, contracts, or co-
operative agreements, awarded on a competitive basis, the 
Secretary is authorized to provide technical assistance to 
entities, principally entities funded under section 4 or 5. 
‘‘(b) INPUT.—In designing the program to be funded 
under this section, and in deciding the differences in func-
tion between national and regionally based technical assist-
ance efforts carried out through the program, the Secretary 
shall consider the input of the directors of comprehensive 
statewide programs of technology-related assistance and 
other individuals the Secretary determines to be appro-
priate, especially—
‘‘(1) individuals with disabilities who use assist-
ive technology and understand the barriers to the ac-
quisition of such technology and assistive technology 
services; 
‘‘(2) family members, guardians, advocates, and 
authorized representatives of such individuals; and 
‘‘(3) individuals employed by protection and ad-
vocacy systems funded under section 5.
‘‘(c) AUTHORIZED ACTIVITIES.—The Secretary shall 
support activities designed to maximize the impact and 
benefit of assistive technology devices and assistive tech-
nology services for individuals with disabilities, including 
the following activities: 
‘‘(1) NATIONAL PUBLIC INTERNET SITE.—
‘‘(A) 
ESTABLISHMENT
OF
INTERNET 
SITE.—The Secretary shall fund the establish-
ment and maintenance of a National Public 
Internet Site for the purposes of providing to in-
dividuals with disabilities and the general public 
technical assistance and information on in-
creased access to assistive technology devices, as-
sistive technology services, and other disability-
related resources. 
‘‘(B) ELIGIBLE ENTITY.—To be eligible to 
receive a grant or enter into a contract or coop-
erative agreement under subsection (a) to estab-
lish and maintain the Internet site, an entity 
shall be an institution of higher education that 
emphasizes research and engineering, has a mul-
tidisciplinary research center, and has dem-
onstrated expertise in—
‘‘(i) working with assistive technology 
and intelligent agent interactive informa-
tion dissemination systems; 
‘‘(ii) managing libraries of assistive 
technology and disability-related resources; 
‘‘(iii) delivering education, informa-
tion, and referral services to individuals 
with disabilities, including technology-based 
curriculum development services for adults 
with low-level reading skills; 
‘‘(iv) developing cooperative partner-
ships with the private sector, particularly 
with private sector computer software, hard-
ware, and Internet services entities; and 
‘‘(v) developing and designing ad-
vanced Internet sites. 
‘‘(C) FEATURES OF INTERNET SITE.—The 
National Public Internet Site described in sub-
paragraph (A) shall contain the following fea-
tures: 
‘‘(i) AVAILABILITY OF INFORMATION AT 
ANY TIME.—The site shall be designed so 
that any member of the public may obtain 
information posted on the site at any time.
‘‘(ii) INNOVATIVE AUTOMATED INTEL-
LIGENT
AGENT.—The site shall be con-
structed with an innovative automated in-
telligent agent that is a diagnostic tool for 
assisting users in problem definition and 
the selection of appropriate assistive tech-
nology devices and assistive technology serv-
ices resources. 
‘‘(iii) RESOURCES.—
‘‘(I) 
LIBRARY
ON
ASSISTIVE 
TECHNOLOGY.—The site shall include 
access to a comprehensive working li-
brary on assistive technology for all en-
vironments, including home, work-
place, transportation, and other envi-
ronments. 
‘‘(II) RESOURCES FOR A NUMBER 
OF
DISABILITIES.—The site shall in-
clude resources relating to the largest 
possible number of disabilities, includ-
ing resources relating to low-level read-
ing skills. 
‘‘(iv) LINKS TO PRIVATE SECTOR RE-
SOURCES AND INFORMATION.—To the extent 
feasible, the site shall be linked to relevant
private sector resources and information, 
under agreements developed between the in-
stitution of higher education and cooper-
ating private sector entities. 
‘‘(D) MINIMUM LIBRARY COMPONENTS.—At 
a minimum, the Internet site shall maintain up-
dated information on—
‘‘(i) how to plan, develop, implement, 
and evaluate activities to further extend 
comprehensive statewide programs of tech-
nology-related assistance, including the de-
velopment and replication of effective ap-
proaches to—
‘‘(I) providing information and 
referral services; 
‘‘(II) promoting interagency co-
ordination of training and service de-
livery among public and private enti-
ties; 
‘‘(III) 
conducting 
outreach 
to 
underrepresented 
populations 
and 
rural populations; 
‘‘(IV) mounting successful public 
awareness activities;
‘‘(V) improving capacity building 
in service delivery; 
‘‘(VI) training personnel from a 
variety of disciplines; and 
‘‘(VII) 
improving 
evaluation 
strategies, research, and data collec-
tion; 
‘‘(ii) effective approaches to the devel-
opment of consumer-controlled systems that 
increase access to, funding for, and aware-
ness of, assistive technology devices and as-
sistive technology services; 
‘‘(iii) successful approaches to increas-
ing the availability of public and private 
funding for and access to the provision of 
assistive technology devices and assistive 
technology services by appropriate State 
agencies; and 
‘‘(iv) demonstration sites where indi-
viduals may try out assistive technology. 
‘‘(2) TECHNICAL
ASSISTANCE
EFFORTS.—The 
Secretary shall, on a competitive basis, make grants 
to, or enter into cooperative agreements with, eligible 
entities—
‘‘(A) to address State-specific information 
requests concerning assistive technology from 
other entities funded under this Act and public 
entities not funded under this Act, including—
‘‘(i) requests for state-of-the-art, or 
model, Federal, State, and local laws, regu-
lations, policies, practices, procedures, and 
organizational structures, that facilitate, 
and overcome barriers to, funding for, and 
access to, assistive technology devices and 
assistive technology services; 
‘‘(ii) requests for examples of policies, 
practices, procedures, regulations, or judi-
cial decisions that have enhanced or may 
enhance access to funding for assistive tech-
nology devices and assistive technology serv-
ices for individuals with disabilities; 
‘‘(iii) requests for information on effec-
tive approaches to Federal-State coordina-
tion of programs for individuals with dis-
abilities, related to improving funding for 
or access to assistive technology devices and 
assistive technology services for individuals 
with disabilities of all ages;
‘‘(iv) requests for information on effec-
tive approaches to the development of con-
sumer-controlled systems that increase ac-
cess to, funding for, and awareness of, as-
sistive technology devices and assistive tech-
nology services; 
‘‘(v) other requests for technical assist-
ance from other entities funded under this 
Act and public entities not funded under 
this Act; and 
‘‘(vi) other assignments specified by the 
Secretary, including assisting entities de-
scribed in section 6(b) to develop corrective 
action plans; and 
‘‘(B) to assist targeted individuals by dis-
seminating information about—
‘‘(i) Federal, State, and local laws, reg-
ulations, policies, practices, procedures, and 
organizational structures, that facilitate, 
and overcome barriers to, funding for, and 
access to, assistive technology devices and 
assistive technology services, to promote 
fuller independence, productivity, and in-
clusion in society for individuals with dis-
abilities of all ages; and
‘‘(ii) technical assistance activities un-
dertaken under subparagraph (A). 
‘‘(d) ELIGIBLE ENTITIES.—To be eligible to compete 
for grants, contracts, and cooperative agreements under this 
section, entities shall have documented experience with and 
expertise in assistive technology service delivery or systems, 
interagency coordination, and capacity building and advo-
cacy activities. 
‘‘(e) APPLICATION.—To be eligible to receive a grant, 
contract, or cooperative agreement under this section, an 
entity shall submit an application to the Secretary at such 
time, in such manner, and containing such information as 
the Secretary may require. 
‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) STATE GRANTS FOR ASSISTIVE TECHNOLOGY; 
NATIONAL ACTIVITIES.—There are authorized to be appro-
priated to carry out sections 4 and 7 of this Act $21,524,000 
for fiscal year 2005 and such sums as may be necessary 
for each of fiscal years 2006 through 2010. Of the amount 
appropriated pursuant to the authorization of appropria-
tions under this subsection for a fiscal year, not more than 
$1,235,000 may be made available to carry out section 7 
of this Act. 
‘‘(b) STATE GRANTS FOR PROTECTION AND ADVO-
CACY.—There are authorized to be appropriated to carry
out section 5 of this Act $4,419,000 for fiscal year 2005 
and such sums as may be necessary for each of fiscal years 
2006 through 2010.’’.
Union Calendar No. 294
108TH CONGRESS 
2D SESSION 
H. R. 4278
[Report No. 108–514] 
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. 
JUNE 1, 2004
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed