IIB 
108TH CONGRESS 
2D SESSION 
H. R. 4278 
IN THE SENATE OF THE UNITED STATES 
JUNE 15, 2004 
Received 
JUNE 25, 2004 
Read twice and referred to the Committee on Health, Education, Labor, and 
Pensions 
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 Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Improving Access to 
Assistive 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 
‘Assistive 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 as-
sistive 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;
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‘‘(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 
utilization of technology is one of the main factors 
underlying 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 
functioning of government, in the fostering of com-
munication, 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 develop-
ment in mainstream technology would have profound 
implications for individuals with disabilities in the 
United States.
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‘‘(4) Over the last 15 years, the Federal Gov-
ernment has invested in the development of state-
wide comprehensive systems to help individuals with 
disabilities 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, includ-
ing adaptations to existing devices that facilitate ac-
tivities of daily living, that significantly benefit indi-
viduals with disabilities of all ages. These devices 
and adaptations increase the involvement, and re-
duce expenditures associated with, programs and ac-
tivities that facilitate communication, ensure inde-
pendent living and functioning, enable early child-
hood development, 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
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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 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 
provision of assistive technology to individuals with 
disabilities through comprehensive statewide pro-
grams of technology-related assistance, for individ-
uals 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 tech-
nology services; 
‘‘(B) increase the ability of individuals 
with disabilities of all ages to secure and main-
tain possession of assistive technology devices 
as such individuals make the transition between 
services offered by human service agencies or 
between settings of daily living (for example, 
between home and work);
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‘‘(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 tech-
nology services; and
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‘‘(G) increase awareness and knowledge of 
the benefits of assistive technology devices and 
assistive technology services among targeted in-
dividuals 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 ‘advo-
cacy services’, except as used as part of the term 
‘protection and advocacy services’, means services 
provided to assist individuals with disabilities and 
their family members, guardians, advocates, and au-
thorized representatives in accessing assistive tech-
nology 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 Develop-
mental Disabilities Assistance and Bill of Rights Act 
of 2000 and that is established to provide protection
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and advocacy services for purposes of receiving fund-
ing under subtitle C of title I of such Act. 
‘‘(3) ASSISTIVE TECHNOLOGY.—The term ‘as-
sistive technology’ means technology designed to be 
utilized in an assistive technology device or assistive 
technology service. 
‘‘(4) ASSISTIVE
TECHNOLOGY
DEVICE.—The 
term ‘assistive technology device’ means any item, 
piece of equipment, or product system, whether ac-
quired commercially, modified, or customized, that is 
used to increase, maintain, or improve functional ca-
pabilities 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 tech-
nology 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 in-
dividual;
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‘‘(B) services consisting of purchasing, 
leasing, or otherwise providing for the acquisi-
tion of assistive technology devices by individ-
uals with disabilities; 
‘‘(C) services consisting of selecting, de-
signing, fitting, customizing, adapting, apply-
ing, maintaining, repairing, or replacing assist-
ive technology devices; 
‘‘(D) coordination and use of necessary 
therapies, interventions, or services with assist-
ive technology devices, such as therapies, inter-
ventions, 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.
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‘‘(6) CAPACITY BUILDING AND ADVOCACY AC-
TIVITIES.—The term ‘capacity building and advo-
cacy activities’ 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, pro-
vision of, and funding for, assistive technology 
devices 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 
‘comprehensive statewide program of technology-re-
lated assistance’ means a consumer-responsive pro-
gram of technology-related assistance for individuals 
with disabilities, implemented by a State, and equal-
ly available to all individuals with disabilities resid-
ing in the State, regardless of their type of dis-
ability, age, income level, or location of residence in 
the State, or the type of assistive technology device 
or assistive technology service required.
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‘‘(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 ac-
cessible 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 involve-
ment; and
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‘‘(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 appro-
priate manner; and 
‘‘(iii) facilitates the full and meaning-
ful participation of individuals with disabil-
ities (including individuals from underrep-
resented 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
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‘‘(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: