I 
108TH CONGRESS 
2D SESSION 
H. R. 4278 
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 
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 
Assistive Technology for Individuals with Disabilities Act 
of 2004’’.
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 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 
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 ensure that States provide assistive 
technology to individuals with disabilities through 
comprehensive statewide programs of technology-re-
lated assistance, 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 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); 
‘‘(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 
‘‘(G) increase awareness and knowledge of 
the benefits of assistive technology devices and 
assistive technology services among targeted in-
dividuals; 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) ASSISTIVE TECHNOLOGY.—The term ‘as-
sistive technology’ means technology designed to be 
utilized in an assistive technology device or assistive 
technology service. 
‘‘(3) 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. 
‘‘(4) 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; 
‘‘(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. 
‘‘(5) 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.
‘‘(6) 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. 
‘‘(7) 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 
‘‘(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 
program of technology-related assist-
ance, including decisions that affect 
capacity building and advocacy activi-
ties. 
‘‘(8) 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. 
‘‘(9) 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 deteriora-
tion 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 one individual with a disability. 
‘‘(10) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given such term in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1141(a)), and 
includes a community college receiving funding 
under the Tribally Controlled Community College 
Assistance Act of 1978 (25 U.S.C. 1801 et seq.). 
‘‘(11) PROTECTION
AND
ADVOCACY
SERV-
ICES.—The term ‘protection and advocacy services’ 
means services that— 
‘‘(A) are described in part C of the Devel-
opmental Disabilities Assistance and Bill of 
Rights Act (42 U.S.C. 6041 et seq.), the Pro-
tection and Advocacy for Mentally Ill Individ-
uals 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. 
‘‘(12) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Education. 
‘‘(13) 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 
Islands. 
‘‘(ii) STATE.—The term ‘State’ does 
not include the United States Virgin Is-
lands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana 
Islands. 
‘‘(14) TARGETED
INDIVIDUALS.—The term 
‘targeted individuals’ means— 
‘‘(A) individuals with disabilities of all ages 
and their family members, guardians, advo-
cates, 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. 
‘‘(15) TECHNOLOGY-RELATED
ASSISTANCE.— 
The term ‘technology-related assistance’ means as-
sistance provided through capacity building and ad-
vocacy activities that accomplish the purposes de-
scribed in any of subparagraphs (A) through (G) of 
section 2(b)(1).
‘‘(16) 
UNDERREPRESENTED
POPULATION.— 
The term ‘underrepresented population’ means a 
population that is typically underrepresented in serv-
ice provision, and includes populations such as per-
sons who have low-incidence disabilities, persons who 
are minorities, poor persons, persons with limited- 
English proficiency, older individuals, or persons 
from rural areas. 
‘‘(17) UNIVERSAL
DESIGN.—The term ‘uni-
versal design’ means a concept or philosophy for de-
signing 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 technologies) and products and services 
that are made usable 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 support programs that are designed to maximize the 
ability of individuals with disabilities and their family 
members, guardians, advocates, and authorized represent-
atives to obtain assistive technology devices and assistive 
technology services. 
‘‘(b) USE OF FUNDS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REQUIRED
ACTIVITY.—Any State 
that receives a grant under this section shall 
use the funds made available through the grant 
to carry out the activities described in para-
graph (2)(A). 
‘‘(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 
subparagraphs (B), (C), or (D) of paragraph 
(2). 
‘‘(2) STATE-LEVEL ACTIVITIES.— 
‘‘(A) 
STATE
FINANCE
SYSTEMS.—The 
State shall support activities to increase access 
to, and funding for, assistive technology devices 
and assistive technology services, including the 
development of systems to provide assistive 
technology devices and assistive technology 
services to individuals with disabilities of all 
ages, and that pay for such devices and serv-
ices, such as—
‘‘(i) the development of systems for 
the purchase, lease, other acquisition, or 
payment for the provision of assistive tech-
nology devices and assistive technology 
services; 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 acquisi-
tion of assistive technology devices or 
assistive 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 technology devices to individuals, em-
ployers, public agencies, public accommodations, 
or others seeking to meet the needs of targeted 
individuals, in order to comply with the Individ-
uals with Disabilities Education Act, the Ameri-
cans with Disabilities Act of 1990, and section 
504 of the Rehabilitation Act of 1973. 
‘‘(C) 
DEVICE
REUTILIZATION
PRO-
GRAMS.—The State shall directly, or in collabo-
ration with public or private entities, carry out 
assistive technology device reutilization pro-
grams that provide for the exchange, recycling, 
or other reutilization of assistive technology de-
vices, which may include redistribution through 
device and equipment loans, rentals, or gifts. 
‘‘(D) 
DEVICE
DEMONSTRATION
PRO-
GRAM.—The State shall directly, or in collabo-
ration with public or private entities, carry out 
assistive technology device demonstration pro-
grams that provide for the ability of targeted 
individuals to learn about the use and operation 
of assistive technology devices. 
‘‘(3) STATE LEADERSHIP ACTIVITIES.—
under section 8(b)(3) 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 eli-
gible 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 re-
quirements 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 fis-
cal 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 Ac-
cess to Assistive Technology for Individuals 
with Disabilities Act of 2004) for fiscal year 
2004.