Public Law 108-364

PUBLIC LAW 108–364—OCT. 25, 2004

118 STAT. 1707

Public Law 108–364
108th Congress
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’’.

Oct. 25, 2004
[H.R. 4278]

Assistive
Technology Act of
2004.
29 USC 3001
note.

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.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

29 USC 3001
note.

1.
2.
3.
4.
5.

Short title; table of contents.
Findings and purposes.
Definitions.
State grants for assistive technology.
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.

29 USC 3001.

‘‘(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 economic, political, social, cultural, and educational mainstream of society in the United States.

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118 STAT. 1708

PUBLIC LAW 108–364—OCT. 25, 2004
‘‘(3) Technology is one of the primary engines for economic
activity, education, and innovation in the Nation, and throughout 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 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 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 technology 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 expenditures associated with early childhood intervention, education,
rehabilitation and training, health care, employment, residential 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 programs of technology-related assistance, which have proven effective 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 disabilities 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 independence and participation of individuals with disabilities in society.
‘‘(8) The combination of significant recent changes in Federal policy (including changes to section 508 of the Rehabilitation 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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PUBLIC LAW 108–364—OCT. 25, 2004

118 STAT. 1709

State assistive technology systems to continue to ensure that
individuals with disabilities reap the benefits of the technological revolution and participate fully in life in their communities.
‘‘(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 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 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 supports programs 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.
‘‘SEC. 3. DEFINITIONS.

29 USC 3002.

‘‘In this Act:
‘‘(1) ADULT SERVICE PROGRAM.—The term ‘adult service program’ means a program that provides services to, or is otherwise
substantially involved with the major life functions of, individuals with disabilities. Such term includes—

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118 STAT. 1710

PUBLIC LAW 108–364—OCT. 25, 2004
‘‘(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 Disabilities 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 subtitle C of title I of such Act (42 U.S.C. 15041 et seq.).
‘‘(3) ASSISTIVE TECHNOLOGY.—The term ‘assistive 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 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 individual in the customary environment of the individual;
‘‘(B) a service consisting of purchasing, leasing, or
otherwise providing for the acquisition of assistive technology 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, interventions, or services with assistive technology devices, such
as therapies, interventions, or services associated with education and rehabilitation plans and programs;
‘‘(E) training or technical assistance for an individual
with a disability or, where appropriate, the family members, guardians, advocates, or authorized representatives
of such an individual;
‘‘(F) training or technical assistance for professionals
(including individuals providing education and rehabilitation 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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PUBLIC LAW 108–364—OCT. 25, 2004

118 STAT. 1711

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 consumer-responsive programs or entities; and
‘‘(B) facilitate and increase access to, provision of, and
funding for, assistive technology devices and assistive technology 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 TECHNOLOGYRELATED ASSISTANCE.—The term ‘comprehensive statewide program of technology-related assistance’ means a consumerresponsive program of technology-related assistance for individuals 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.
term
‘consumer‘‘(8)
CONSUMER-RESPONSIVE.—The
responsive’—
‘‘(A) with regard to policies, means that the policies
are consistent with the principles of—
‘‘(i) respect for individual dignity, personal responsibility, 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 disability 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, individuals 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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118 STAT. 1712

PUBLIC LAW 108–364—OCT. 25, 2004
‘‘(iii) facilitates the full and meaningful participation of individuals with disabilities (including individuals 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 technology services to such individuals; and
‘‘(II) decisions related to the maintenance,
improvement, and evaluation of the comprehensive
statewide program of technology-related assistance, 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 ‘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 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 Developmental 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 Secretary 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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PUBLIC LAW 108–364—OCT. 25, 2004

118 STAT. 1713

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, American 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 authorized under section 4.
‘‘(16) TARGETED INDIVIDUALS AND ENTITIES.—The term ‘targeted individuals and entities’ means—
‘‘(A) individuals with disabilities of all ages and their
family members, guardians, advocates, and authorized representatives;
‘‘(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 personnel;
‘‘(E) technology experts (including web designers and
procurement officials);
‘‘(F) health, allied health, and rehabilitation professionals and hospital employees (including discharge planners);
‘‘(G) employers, especially small business employers,
and providers of employment and training services;
‘‘(H) entities that manufacture or sell assistive technology 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 ‘technology-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 ‘underrepresented 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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118 STAT. 1714

PUBLIC LAW 108–364—OCT. 25, 2004
‘‘(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 interoperable with assistive technologies.

29 USC 3003.

‘‘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 provided 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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118 STAT. 1715

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.—Notwithstanding 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 requirements 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 subsection (d) and carrying out State activities
described in that application, including making
programmatic and resource allocation decisions
necessary to implement the comprehensive statewide program of technology-related assistance;
‘‘(II) coordinating the activities of the comprehensive statewide program of technologyrelated assistance among public and private entities, including coordinating efforts related to
entering into interagency agreements, and
maintaining and evaluating the program; and

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118 STAT. 1716

Establishment.

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PUBLIC LAW 108–364—OCT. 25, 2004
‘‘(III) coordinating efforts related to the active,
timely, and meaningful participation by individuals with disabilities and their family members,
guardians, advocates, or authorized representatives, and other appropriate individuals, with
respect to activities carried out through the grant.
‘‘(B) IMPLEMENTING ENTITY.—The Governor may designate an agency, office, or other entity to carry out State
activities under this section (referred to in this section
as the ‘implementing entity’), if such implementing entity
is different from the lead agency. The implementing agency
shall carry out responsibilities under this Act through a
subcontract or another administrative agreement with the
lead agency.
‘‘(C) CHANGE IN AGENCY OR ENTITY.—
‘‘(i) IN GENERAL.—On obtaining the approval of
the Secretary, the Governor may redesignate the lead
agency, or the implementing entity, if the Governor
shows to the Secretary good cause why the entity designated as the lead agency, or the implementing entity,
respectively, should not serve as that agency or entity,
respectively. The Governor shall make the showing
in the application described in subsection (d).
‘‘(ii) CONSTRUCTION.—Nothing in this paragraph
shall be construed to require the Governor of a State
to change the lead agency or implementing entity of
the State to an agency other than the lead agency
or implementing entity of such State as of the date
of enactment of the Assistive Technology Act of 2004.
‘‘(2) ADVISORY COUNCIL.—
‘‘(A) IN GENERAL.—There shall be established an
advisory council to provide consumer-responsive, consumerdriven advice to the State for, planning of, implementation
of, and evaluation of the activities carried out through
the grant, including setting the measurable goals described
in subsection (d)(3).
‘‘(B) COMPOSITION AND REPRESENTATION.—
‘‘(i) COMPOSITION.—The advisory council shall be
composed of—
‘‘(I) individuals with disabilities that use
assistive technology or the family members or
guardians of the individuals;
‘‘(II) a representative of the designated State
agency, as defined in section 7 of the Rehabilitation
Act of 1973 (29 U.S.C. 705) and the State agency
for individuals who are blind (within the meaning
of section 101 of that Act (29 U.S.C. 721)), if such
agency is separate;
‘‘(III) a representative of a State center for
independent living described in part C of title VII
of the Rehabilitation Act of 1973 (29 U.S.C. 796f
et seq.);
‘‘(IV) a representative of the State workforce
investment board established under section 111
of the Workforce Investment Act of 1998 (29 U.S.C.
2821);

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‘‘(V) a representative of the State educational
agency, as defined in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801); and
‘‘(VI) representatives of other State agencies,
public agencies, or private organizations, as determined by the State.
‘‘(ii) MAJORITY.—
‘‘(I) IN GENERAL.—A majority, not less than
51 percent, of the members of the advisory council,
shall be members appointed under clause (i)(I).
‘‘(II) REPRESENTATIVES OF AGENCIES.—Members appointed under subclauses (II) through (VI)
of clause (i) shall not count toward the majority
membership requirement established in subclause
(I).
‘‘(iii) REPRESENTATION.—The advisory council shall
be geographically representative of the State and
reflect the diversity of the State with respect to race,
ethnicity, types of disabilities across the age span,
and users of types of services that an individual with
a disability may receive.
‘‘(C) EXPENSES.—The members of the advisory council
shall receive no compensation for their service on the
advisory council, but shall be reimbursed for reasonable
and necessary expenses actually incurred in the performance of official duties for the advisory council.
‘‘(D) PERIOD.—The members of the State advisory
council shall be appointed not later than 120 days after
the date of enactment of the Assistive Technology Act of
2004.
‘‘(E) IMPACT ON EXISTING STATUTES, RULES, OR POLICIES.—Nothing in this paragraph shall be construed to
affect State statutes, rules, or official policies relating to
advisory bodies for State assistive technology programs
or require changes to governing bodies of incorporated
agencies who carry out State assistive technology programs.
‘‘(d) APPLICATION.—
‘‘(1) IN GENERAL.—Any State that desires to receive a grant
under this section shall submit an application to the Secretary,
at such time, in such manner, and containing such information
as the Secretary may require.
‘‘(2) LEAD AGENCY AND IMPLEMENTING ENTITY.—The
application shall contain information identifying and describing
the lead agency referred to in subsection (c)(1)(A). The application shall contain information identifying and describing the
implementing entity referred to in subsection (c)(1)(B), if the
Governor of the State designates such an entity.
‘‘(3) MEASURABLE GOALS.—The application shall include—
‘‘(A) measurable goals, and a timeline for meeting the
goals, that the State has set for addressing the assistive
technology needs of individuals with disabilities in the
State related to—
‘‘(i) education, including goals involving the provision of assistive technology to individuals with disabilities who receive services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.);

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‘‘(ii) employment, including goals involving the
State vocational rehabilitation program carried out
under title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.);
‘‘(iii) telecommunication and information technology; and
‘‘(iv) community living; and
‘‘(B) information describing how the State will quantifiably measure the goals to determine whether the goals
have been achieved.
‘‘(4) INVOLVEMENT OF PUBLIC AND PRIVATE ENTITIES.—The
application shall describe how various public and private entities were involved in the development of the application and
will be involved in the implementation of the activities to
be carried out through the grant, including—
‘‘(A) in cases determined to be appropriate by the State,
a description of the nature and extent of resources that
will be committed by public and private collaborators to
assist in accomplishing identified goals; and
‘‘(B) a description of the mechanisms established to
ensure coordination of activities and collaboration between
the implementing entity, if any, and the State.
‘‘(5) IMPLEMENTATION.—The application shall include a
description of—
‘‘(A) how the State will implement each of the required
activities described in subsection (e), except as provided
in subsection (e)(6)(A); and
‘‘(B) how the State will allocate and utilize grant funds
to implement the activities, including describing proposed
budget allocations and planned procedures for tracking
expenditures for activities described in paragraphs (2) and
(3) of subsection (e).
‘‘(6) ASSURANCES.—The application shall include assurances
that—
‘‘(A) the State will annually collect data related to
the required activities implemented by the State under
this section in order to prepare the progress reports
required under subsection (f);
‘‘(B) funds received through the grant—
‘‘(i) will be expended in accordance with this section; and
‘‘(ii) will be used to supplement, and not supplant,
funds available from other sources for technologyrelated assistance, including the provision of assistive
technology devices and assistive technology services;
‘‘(C) the lead agency will control and administer the
funds received through the grant;
‘‘(D) the State will adopt such fiscal control and
accounting procedures as may be necessary to ensure
proper disbursement of and accounting for the funds
received through the grant;
‘‘(E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.) regarding accessibility for individuals with disabilities;

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118 STAT. 1719

‘‘(F) a public agency or an individual with a disability
holds title to any property purchased with funds received
under the grant and administers that property;
‘‘(G) activities carried out in the State that are authorized under this Act, and supported by Federal funds
received under this Act, will comply with the standards
established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 (20 U.S.C. 794d); and
‘‘(H) the State will—
‘‘(i) prepare reports to the Secretary in such form
and containing such information as the Secretary may
require to carry out the Secretary’s functions under
this Act; and
‘‘(ii) keep such records and allow access to such
records as the Secretary may require to ensure the
correctness and verification of information provided
to the Secretary under this subparagraph.
‘‘(7) STATE SUPPORT.—The application shall include a
description of the activities described in paragraphs (2) and
(3) of subsection (e) that the State will support with State
funds.
‘‘(e) USE OF FUNDS.—
‘‘(1) IN GENERAL.—
‘‘(A) REQUIRED ACTIVITIES.—Except as provided in
subparagraph (B) and paragraph (6), any State that
receives a grant under this section shall use a portion
of the funds made available through the grant to carry
out activities described in paragraphs (2) and (3).
‘‘(B) STATE OR NON-FEDERAL FINANCIAL SUPPORT.—A
State shall not be required to use a portion of the funds
made available through the grant to carry out the category
of activities described in subparagraph (A), (B), (C), or
(D) of paragraph (2) if, in that State—
‘‘(i) financial support is provided from State or
other non-Federal resources or entities for that category of activities; and
‘‘(ii) the amount of the financial support is comparable to, or greater than, the amount of the portion
of the funds made available through the grant that
the State would have expended for that category of
activities, in the absence of this subparagraph.
‘‘(2) STATE-LEVEL ACTIVITIES.—
‘‘(A) STATE FINANCING ACTIVITIES.—The State shall
support State financing activities to increase access to,
and funding for, assistive technology devices and assistive
technology services (which shall not include direct payment
for such a device or service for an individual with a disability but may include support and administration of a
program to provide such payment), including development
of systems to provide and pay for such devices and services,
for targeted individuals and entities described in section
3(16)(A), including—
‘‘(i) support for the development of systems for
the purchase, lease, or other acquisition of, or payment
for, assistive technology devices and assistive technology services; or

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PUBLIC LAW 108–364—OCT. 25, 2004
‘‘(ii) support for the development of State-financed
or privately financed alternative financing systems of
subsidies (which may include conducting an initial 1year feasibility study of, improving, administering,
operating, providing capital for, or collaborating with
an entity with respect to, such a system) for the provision of assistive technology devices, such as—
‘‘(I) a low-interest loan fund;
‘‘(II) an interest buy-down program;
‘‘(III) a revolving loan fund;
‘‘(IV) a loan guarantee or insurance program;
‘‘(V) a program providing for the purchase,
lease, or other acquisition of assistive technology
devices or assistive technology services; or
‘‘(VI) another mechanism that is approved by
the Secretary.
‘‘(B) 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, repair, recycling,
or other reutilization of assistive technology devices, which
may include redistribution through device sales, loans,
rentals, or donations.
‘‘(C) DEVICE LOAN PROGRAMS.—The State shall directly,
or in collaboration with public or private entities, carry
out device loan programs that provide short-term loans
of assistive technology devices to individuals, employers,
public agencies, or others seeking to meet the needs of
targeted individuals and entities, including others seeking
to comply with the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.), the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.), and section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794).
‘‘(D) DEVICE DEMONSTRATIONS.—
‘‘(i) IN GENERAL.—The State shall directly, or in
collaboration with public and private entities, such
as one-stop partners, as defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801),
demonstrate a variety of assistive technology devices
and assistive technology services (including assisting
individuals in making informed choices regarding, and
providing experiences with, the devices and services),
using personnel who are familiar with such devices
and services and their applications.
‘‘(ii) COMPREHENSIVE INFORMATION.—The State
shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders,
providers, and repair services.
‘‘(3) STATE LEADERSHIP ACTIVITIES.—
‘‘(A) IN GENERAL.—A State that receives a grant under
this section shall use a portion of not more than 40 percent
of the funds made available through the grant to carry
out the activities described in subparagraph (B). From that
portion, the State shall use at least 5 percent of the portion
for activities described in subparagraph (B)(i)(III).
‘‘(B) REQUIRED ACTIVITIES.—

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118 STAT. 1721

‘‘(i) TRAINING AND TECHNICAL ASSISTANCE.—
‘‘(I) IN GENERAL.—The State shall directly, or
provide support to public or private entities with
demonstrated expertise in collaborating with
public or private agencies that serve individuals
with disabilities, to develop and disseminate
training materials, conduct training, and provide
technical assistance, for individuals from local settings statewide, including representatives of State
and local educational agencies, other State and
local agencies, early intervention programs, adult
service programs, hospitals and other health care
facilities, institutions of higher education, and
businesses.
‘‘(II) AUTHORIZED ACTIVITIES.—In carrying out
activities under subclause (I), the State shall carry
out activities that enhance the knowledge, skills,
and competencies of individuals from local settings
described in subclause (I), which may include—
‘‘(aa) general awareness training on the
benefits of assistive technology and the Federal, State, and private funding sources available to assist targeted individuals and entities
in acquiring assistive technology;
‘‘(bb) skills-development training in
assessing the need for assistive technology
devices and assistive technology services;
‘‘(cc) training to ensure the appropriate
application and use of assistive technology
devices, assistive technology services, and
accessible technology for e-government functions;
‘‘(dd) training in the importance of multiple
approaches
to
assessment
and
implementation necessary to meet the individualized needs of individuals with disabilities;
and
‘‘(ee) technical training on integrating
assistive technology into the development and
implementation of service plans, including any
education, health, discharge, Olmstead,
employment, or other plan required under
Federal or State law.
‘‘(III) TRANSITION ASSISTANCE TO INDIVIDUALS
WITH DISABILITIES.—The State shall directly, or
provide support to public or private entities to,
develop and disseminate training materials, conduct training, facilitate access to assistive technology, and provide technical assistance, to
assist—
‘‘(aa) students with disabilities, within the
meaning of the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), that
receive transition services; and
‘‘(bb) adults who are individuals with
disabilities maintaining or transitioning to
community living.

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PUBLIC LAW 108–364—OCT. 25, 2004
‘‘(ii) PUBLIC-AWARENESS ACTIVITIES.—
‘‘(I) IN GENERAL.—The State shall conduct
public-awareness activities designed to provide
information to targeted individuals and entities
relating to the availability, benefits, appropriateness, and costs of assistive technology devices and
assistive technology services, including—
‘‘(aa) the development of procedures for
providing direct communication between providers of assistive technology and targeted
individuals and entities, which may include
partnerships with entities in the statewide and
local workforce investment systems established under the Workforce Investment Act
of 1998 (29 U.S.C. 2801 et seq.), State vocational rehabilitation centers, public and private employers, or elementary and secondary
public schools;
‘‘(bb) the development and dissemination,
to targeted individuals and entities, of
information about State efforts related to
assistive technology; and
‘‘(cc) the distribution of materials to appropriate public and private agencies that provide
social, medical, educational, employment, and
transportation services to individuals with
disabilities.
‘‘(II) COLLABORATION.—The State shall collaborate with entities that receive awards under paragraphs (1) and (3) of section 6(b) to carry out
public-awareness activities focusing on infants,
toddlers, children, transition-age youth, employment-age adults, seniors, and employers.
‘‘(III) STATEWIDE INFORMATION AND REFERRAL
SYSTEM.—
‘‘(aa) IN GENERAL.—The State shall
directly, or in collaboration with public or private (such as nonprofit) entities, provide for
the continuation and enhancement of a statewide information and referral system designed
to meet the needs of targeted individuals and
entities.
‘‘(bb) CONTENT.—The system shall deliver
information on assistive technology devices,
assistive technology services (with specific
data regarding provider availability within the
State), and the availability of resources,
including funding through public and private
sources, to obtain assistive technology devices
and assistive technology services. The system
shall also deliver information on the benefits
of assistive technology devices and assistive
technology services with respect to enhancing
the capacity of individuals with disabilities
of all ages to perform activities of daily living.
‘‘(iii) COORDINATION AND COLLABORATION.—The
State shall coordinate activities described in paragraph

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118 STAT. 1723

(2) and this paragraph, among public and private entities that are responsible for policies, procedures, or
funding for the provision of assistive technology devices
and assistive technology services to individuals with
disabilities, service providers, and others to improve
access to assistive technology devices and assistive
technology services for individuals with disabilities of
all ages in the State.
‘‘(4) INDIRECT COSTS.—Not more than 10 percent 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 technology device for an individual
with a disability.
‘‘(6) STATE FLEXIBILITY.—
‘‘(A) IN GENERAL.—Notwithstanding paragraph (1)(A)
and subject to subparagraph (B), a State may use funds
that the State receives under a grant awarded under this
section to carry out any 2 or more of the activities described
in paragraph (2).
‘‘(B) SPECIAL RULE.—Notwithstanding paragraph
(3)(A), any State that exercises its authority under subparagraph (A)—
‘‘(i) shall carry out each of the required activities
described in paragraph (3)(B); and
‘‘(ii) shall use not more than 30 percent of the
funds made available through the grant to carry out
the activities described in paragraph (3)(B).
‘‘(f) ANNUAL PROGRESS REPORTS.—
‘‘(1) DATA COLLECTION.—States shall participate in data
collection as required by law, including data collection required
for preparation of the reports described in paragraph (2).
‘‘(2) REPORTS.—
‘‘(A) IN GENERAL.—Each State shall prepare and submit
to the Secretary an annual progress report on the activities
funded under this Act, at such time, and in such manner,
as the Secretary may require.
‘‘(B) CONTENTS.—The report shall include data collected pursuant to this section. The report shall document,
with respect to activities carried out under this section
in the State—
‘‘(i) the type of State financing activities described
in subsection (e)(2)(A) used by the State;
‘‘(ii) the amount and type of assistance given to
consumers of the State financing activities described
in subsection (e)(2)(A) (who shall be classified by type
of assistive technology device or assistive technology
service financed through the State financing activities,
and geographic distribution within the State),
including—
‘‘(I) the number of applications for assistance
received;
‘‘(II) the number of applications approved and
rejected;
‘‘(III) the default rate for the financing activities;

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PUBLIC LAW 108–364—OCT. 25, 2004
‘‘(IV) the range and average interest rate for
the financing activities;
‘‘(V) the range and average income of approved
applicants for the financing activities; and
‘‘(VI) the types and dollar amounts of assistive
technology financed;
‘‘(iii) the number, type, and length of time of loans
of assistive technology devices provided to individuals
with disabilities, employers, public agencies, or public
accommodations through the device loan program
described in subsection (e)(2)(C), and an analysis of
the individuals with disabilities who have benefited
from the device loan program;
‘‘(iv) the number, type, estimated value, and scope
of assistive technology devices exchanged, repaired,
recycled, or reutilized (including redistributed through
device sales, loans, rentals, or donations) through the
device reutilization program described in subsection
(e)(2)(B), and an analysis of the individuals with
disabilities that have benefited from the device reutilization program;
‘‘(v) the number and type of device demonstrations
and referrals provided under subsection (e)(2)(D), and
an analysis of individuals with disabilities who have
benefited from the demonstrations and referrals;
‘‘(vi)(I) the number and general characteristics of
individuals who participated in training under subsection (e)(3)(B)(i) (such as individuals with disabilities,
parents, educators, employers, providers of employment services, health care workers, counselors, other
service providers, or vendors) and the topics of such
training; and
‘‘(II) to the extent practicable, the geographic distribution of individuals who participated in the
training;
‘‘(vii) the frequency of provision and nature of technical assistance provided to State and local agencies
and other entities;
‘‘(viii) the number of individuals assisted through
the public-awareness activities and statewide information and referral system described in subsection
(e)(3)(B)(ii);
‘‘(ix) the outcomes of any improvement initiatives
carried out by the State as a result of activities funded
under this section, including a description of any written policies, practices, and procedures that the State
has developed and implemented regarding access to,
provision of, and funding for, assistive technology
devices, and assistive technology services, in the contexts of education, health care, employment, community living, and information technology and telecommunications, including e-government;
‘‘(x) the source of leveraged funding or other
contributed resources, including resources provided
through subcontracts or other collaborative resourcesharing agreements, from and with public and private

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entities to carry out State activities described in subsection (e)(3)(B)(iii), the number of individuals served
with the contributed resources for which information
is not reported under clauses (i) through (ix) or clause
(xi) or (xii), and other outcomes accomplished as a
result of such activities carried out with the contributed
resources; and
‘‘(xi) the level of customer satisfaction with the
services provided.
‘‘SEC. 5. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES
RELATED TO ASSISTIVE TECHNOLOGY.

29 USC 3004.

‘‘(a) GRANTS.—
‘‘(1) IN GENERAL.—The Secretary shall make grants under
subsection (b) to protection and advocacy systems in each State
for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices
or assistive technology services for individuals with disabilities.
‘‘(2) GENERAL AUTHORITIES.—In providing such assistance,
protection and advocacy systems shall have the same general
authorities as the systems are afforded under subtitle C of
title I of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000 (42 U.S.C. 15041 et seq.), as determined
by the Secretary.
‘‘(b) GRANTS.—
‘‘(1) RESERVATION.—For each fiscal year, the Secretary shall
reserve such sums as may be necessary to carry out paragraph
(4).
‘‘(2) POPULATION BASIS.—From the funds appropriated
under section 8(b) for a fiscal year and remaining after the
reservation required by paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system
within each State in an amount bearing the same ratio to
the remaining funds as the population of the State bears to
the population of all States.
‘‘(3) MINIMUMS.—Subject to the availability of appropriations, the amount of a grant to a protection and advocacy
system under paragraph (2) for a fiscal year shall—
‘‘(A) in the case of a protection and advocacy system
located in American Samoa, Guam, the United States
Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and
‘‘(B) in the case of a protection and advocacy system
located in a State not described in subparagraph (A), not
be less than $50,000.
‘‘(4) PAYMENT TO THE SYSTEM SERVING THE AMERICAN
INDIAN CONSORTIUM.—
‘‘(A) IN GENERAL.—The Secretary shall make grants
to the protection and advocacy system serving the American
Indian Consortium to provide services in accordance with
this section.
‘‘(B) AMOUNT OF GRANTS.—The amount of such grants
shall be the same as the amount provided under paragraph
(3)(A).
‘‘(c) DIRECT PAYMENT.—Notwithstanding any other provision
of law, the Secretary shall pay directly to any protection and
advocacy system that complies with this section, the total amount

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of the grant made for such system under this section, unless the
system provides otherwise for payment of the grant amount.
‘‘(d) CERTAIN STATES.—
‘‘(1) GRANT TO LEAD AGENCY.—Notwithstanding any other
provision of this section, with respect to a State that, on
November 12, 1998, was described in section 102(f)(1) of the
Technology-Related Assistance for Individuals With Disabilities
Act of 1988, the Secretary shall pay the amount of the grant
described in subsection (a), and made under subsection (b),
to the lead agency designated under section 4(c)(1) for the
State.
‘‘(2) DISTRIBUTION OF FUNDS.—A lead agency to which a
grant amount is paid under paragraph (1) shall determine
the manner in which funds made available through the grant
will be allocated among the entities that were providing protection and advocacy services in that State on the date described
in such paragraph, and shall distribute funds to such entities.
In distributing such funds, the lead agency shall not establish
any additional eligibility or procedural requirements for an
entity in the State that supports protection and advocacy services through a protection and advocacy system. Such an entity
shall comply with the same requirements (including reporting
and enforcement requirements) as any other entity that receives
funding under this section.
‘‘(3) APPLICATION OF PROVISIONS.—Except as provided in
this subsection, the provisions of this section shall apply to
the grant in the same manner, and to the same extent, as
the provisions apply to a grant to a system.
‘‘(e) CARRYOVER.—Any amount paid to an eligible 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. Program income generated from such amount shall remain available for 2 additional
fiscal years after the year in which such amount was paid to
an eligible system and may only be used to improve the awareness
of individuals with disabilities about the accessibility of assistive
technology and assist such individuals in the acquisition, utilization,
or maintenance of assistive technology devices or assistive technology services.
‘‘(f) REPORT TO SECRETARY.—An entity that receives a grant
under this section shall annually prepare and submit to the Secretary a report that contains such information 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 assistive technology devices
and assistive technology services;
‘‘(2) engaging in informal advocacy to assist in securing
assistive technology devices and assistive technology services
for individuals with disabilities;
‘‘(3) engaging in formal representation for individuals with
disabilities to secure systems change, and in advocacy activities
to secure assistive technology devices 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

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family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology
devices and assistive technology services to which the individuals with disabilities 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 capacity building and advocacy activities carried out by the lead agency; and
‘‘(6) effectively allocating funds made available under this
section to improve the awareness of individuals with disabilities
about the accessibility of assistive technology and assist such
individuals in the acquisition, utilization, or maintenance of
assistive technology devices or assistive technology services.
‘‘(g) REPORTS AND UPDATES TO STATE AGENCIES.—An entity
that receives a grant under this section shall prepare and submit
to the lead agency of the State designated under section 4(c)(1)
the report described in subsection (f) and quarterly updates concerning the activities described in subsection (f).
‘‘(h) 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 with respect to efforts
at coordination of activities, collaboration, and promoting outcomes
between the lead agency and the entity that receives the grant
under this section.
‘‘SEC. 6. NATIONAL ACTIVITIES.

29 USC 3005.

‘‘(a) IN GENERAL.—In order to support activities designed to
improve the administration of this Act, the Secretary, under subsection (b)—
‘‘(1) may award, on a competitive basis, grants, contracts,
and cooperative agreements to entities to support activities
described in paragraphs (1) and (2) of subsection (b); and
‘‘(2) shall award, on a competitive basis, grants, contracts,
and cooperative agreements to entities to support activities
described in paragraphs (3), (4), and (5) of subsection (b).
‘‘(b) AUTHORIZED ACTIVITIES.—
‘‘(1) NATIONAL PUBLIC-AWARENESS TOOLKIT.—
‘‘(A) NATIONAL PUBLIC-AWARENESS TOOLKIT.—The Secretary may award a 1-time grant, contract, or cooperative
agreement to an eligible entity to support a training and
technical assistance program that—
‘‘(i) expands public-awareness efforts to reach targeted individuals and entities;
‘‘(ii) contains appropriate accessible multimedia
materials to reach targeted individuals and entities,
for dissemination to State assistive technology programs; and
‘‘(iii) in coordination with State assistive technology programs, provides meaningful and up-to-date
information to targeted individuals and entities about
the availability of assistive technology devices and
assistive technology services.
‘‘(B) ELIGIBLE ENTITY.—To be eligible to receive the
grant, contract, or cooperative agreement, an entity shall
develop a partnership that—
‘‘(i) shall consist of—

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PUBLIC LAW 108–364—OCT. 25, 2004
‘‘(I) a lead agency or implementing entity for
a State assistive technology program or an
organization or association that represents implementing entities for State assistive technology programs;
‘‘(II) a private or public entity from the media
industry;
‘‘(III) a private entity from the assistive technology industry; and
‘‘(IV) a private employer or an organization
or association that represents private employers;
‘‘(ii) may include other entities determined by the
Secretary to be necessary; and
‘‘(iii) may include other entities determined by the
applicant to be appropriate.
‘‘(2) RESEARCH AND DEVELOPMENT.—
‘‘(A) IN GENERAL.—The Secretary may award grants,
contracts, or cooperative agreements to eligible entities to
carry out research and development of assistive technology
that consists of—
‘‘(i) developing standards for reliability and accessibility of assistive technology, and standards for interoperability (including open standards) of assistive technology with information technology, telecommunications products, and other assistive technology; or
‘‘(ii) developing assistive technology that benefits
individuals with disabilities or developing technologies
or practices that result in the adaptation, maintenance,
servicing, or improvement of assistive technology
devices.
‘‘(B) ELIGIBLE ENTITIES.—Entities eligible to receive
a grant, contract, or cooperative agreement under this paragraph shall include—
‘‘(i) providers of assistive technology services and
assistive technology devices;
‘‘(ii) institutions of higher education, including
University Centers for Excellence in Developmental
Disabilities Education, Research, and Service authorized under subtitle D of title I of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000
(42 U.S.C. 15061 et seq.), or such institutions offering
rehabilitation engineering programs, computer science
programs, or information technology programs;
‘‘(iii) manufacturers of assistive technology devices;
and
‘‘(iv) professionals, individuals, organizations, and
agencies providing services or employment to individuals with disabilities.
‘‘(C) COLLABORATION.—An entity that receives a grant,
contract, or cooperative agreement under this paragraph
shall, in developing and implementing the project carried
out through the grant, contract, or cooperative agreement
coordinate activities with the lead agency for the State
assistive technology program (or a national organization
that represents such programs) and the State advisory
council described in section 4(c)(2) (or a national organization that represents such councils).

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‘‘(3) STATE TRAINING AND TECHNICAL ASSISTANCE.—
‘‘(A) TRAINING AND TECHNICAL ASSISTANCE EFFORTS.—
The Secretary shall award a grant, contract, or cooperative
agreement to an entity to support a training and technical
assistance program that—
‘‘(i) addresses State-specific information requests
concerning assistive technology from entities funded
under this Act and public entities not funded under
this Act, including—
‘‘(I) requests for information on effective
approaches to Federal-State coordination of programs for individuals with disabilities, related to
improving funding for or access to assistive technology devices and assistive technology services
for individuals with disabilities of all ages;
‘‘(II) requests for state-of-the-art, or model,
Federal, State, and local laws, regulations, policies,
practices, procedures, and organizational structures, that facilitate, and overcome barriers to,
funding for, and access to, assistive technology
devices and assistive technology services;
‘‘(III) requests for information on effective
approaches to developing, implementing, evaluating, and sustaining activities described in sections 4 and 5 and related to improving funding
for or access to assistive technology devices and
assistive technology services for individuals with
disabilities of all ages, and requests for assistance
in developing corrective action plans;
‘‘(IV) requests for examples of policies, practices, procedures, regulations, or judicial decisions
that have enhanced or may enhance access to
funding for assistive technology devices and
assistive technology services for individuals with
disabilities;
‘‘(V) requests for information on effective
approaches to the development of consumer-controlled systems that increase access to, funding
for, and awareness of, assistive technology devices
and assistive technology services; and
‘‘(VI) other requests for training and technical
assistance from entities funded under this Act and
public and private entities not funded under this
Act;
‘‘(ii) assists targeted individuals and entities by
disseminating information about—
‘‘(I) Federal, State, and local laws, regulations,
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 inclusion in society for individuals with disabilities of
all ages; and
‘‘(II) technical assistance activities undertaken
under clause (i);

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PUBLIC LAW 108–364—OCT. 25, 2004
‘‘(iii) provides State-specific, regional, and national
training and technical assistance concerning assistive
technology to entities funded under this Act, other
entities funded under this Act, and public and private
entities not funded under this Act, including—
‘‘(I) annually providing a forum for exchanging
information concerning, and promoting program
and policy improvements in, required activities of
the State assistive technology programs;
‘‘(II) facilitating onsite and electronic information sharing using state-of-the-art Internet technologies such as real-time online discussions,
multipoint video conferencing, and web-based
audio/video broadcasts, on emerging topics that
affect State assistive technology programs;
‘‘(III) convening experts from State assistive
technology programs to discuss and make recommendations with regard to national emerging
issues of importance to individuals with assistive
technology needs;
‘‘(IV) sharing best practice and evidence-based
practices among State assistive technology programs;
‘‘(V) maintaining an accessible website that
includes a link to State assistive technology programs, appropriate Federal departments and agencies, and private associations and developing a
national toll-free number that links callers from
a State with the State assistive technology program in their State;
‘‘(VI) developing or utilizing existing (as of
the date of the award involved) model cooperative
volume-purchasing mechanisms designed to reduce
the financial costs of purchasing assistive technology for required and discretionary activities
identified in section 4, and reducing duplication
of activities among State assistive technology programs; and
‘‘(VII) providing access to experts in the areas
of banking, microlending, and finance, for entities
funded under this Act, through site visits, teleconferences, and other means, to ensure access to
information for entities that are carrying out new
programs or programs that are not making
progress in achieving the objectives of the programs; and
‘‘(iv) includes such other activities as the Secretary
may require.
‘‘(B) ELIGIBLE ENTITIES.—To be eligible to receive a
grant, contract, or cooperative agreement under this paragraph, an entity shall have (directly or through grant or
contract)—
‘‘(i) experience and expertise in administering programs, including developing, implementing, and
administering the required and discretionary activities
described in sections 4 and 5, and providing technical
assistance; and

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118 STAT. 1731

‘‘(ii) documented experience in and knowledge
about banking, finance, and microlending.
‘‘(C) COLLABORATION.—In developing and providing
training and technical assistance under this paragraph,
including activities identified as priorities, a recipient of
a grant, contract, or cooperative agreement under this paragraph shall collaborate with other organizations, in
particular—
‘‘(i) organizations representing individuals with
disabilities;
‘‘(ii) national organizations representing State
assistive technology programs;
‘‘(iii) organizations representing State officials and
agencies engaged in the delivery of assistive technology;
‘‘(iv) the data-collection and reporting providers
described in paragraph (5); and
‘‘(v) other providers of national programs or programs of national significance funded under this Act.
‘‘(4) NATIONAL INFORMATION INTERNET SYSTEM.—
‘‘(A) IN GENERAL.—The Secretary shall award a grant,
contract, or cooperative agreement to an entity to renovate,
update, and maintain the National Public Internet Site
established under this Act (as in effect on the day before
the date of enactment of the Assistive Technology Act of
2004).
‘‘(B) FEATURES OF INTERNET SITE.—The National Public
Internet Site shall contain the following features:
‘‘(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
INTELLIGENT
AGENT.—The site shall be constructed with an innovative automated intelligent agent that is a diagnostic
tool for assisting users in problem definition and the
selection of appropriate assistive technology devices
and assistive technology services resources.
‘‘(iii) RESOURCES.—
‘‘(I) LIBRARY ON ASSISTIVE TECHNOLOGY.—The
site shall include access to a comprehensive
working library on assistive technology for all
environments,
including
home,
workplace,
transportation, and other environments.
‘‘(II)
INFORMATION
ON
ACCOMMODATING
INDIVIDUALS WITH DISABILITIES.—The site shall
include access to evidence-based research and best
practices concerning how assistive technology can
be used to accommodate individuals with disabilities in the areas of education, employment, health
care, community living, and telecommunications
and information technology.
‘‘(III) RESOURCES FOR A NUMBER OF DISABILITIES.—The site shall include resources relating
to the largest possible number of disabilities,
including resources relating to low-level reading
skills.

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PUBLIC LAW 108–364—OCT. 25, 2004
‘‘(iv) LINKS TO PRIVATE-SECTOR RESOURCES AND
INFORMATION.—To the extent feasible, the site shall
be linked to relevant private-sector resources and
information, under agreements developed between the
recipient of the grant, contract, or cooperative agreement and cooperating private-sector entities.
‘‘(v) LINKS TO PUBLIC-SECTOR RESOURCES AND
INFORMATION.—To the extent feasible, the site shall
be linked to relevant public-sector resources and
information, such as the Internet sites of the Office
of Special Education and Rehabilitation Services of
the Department of Education, the Office of Disability
Employment Policy of the Department of Labor, the
Small Business Administration, the Architectural and
Transportation Barriers Compliance Board, the Technology Administration of the Department of Commerce,
the Jobs Accommodation Network funded by the Office
of Disability Employment Policy of the Department
of Labor, and other relevant sites.
‘‘(vi) MINIMUM LIBRARY COMPONENTS.—At a minimum, the site shall maintain updated information
on—
‘‘(I) State assistive technology program demonstration sites where individuals may try out
assistive technology devices;
‘‘(II) State assistive technology program device
loan program sites where individuals may borrow
assistive technology devices;
‘‘(III) State assistive technology program
device reutilization program sites;
‘‘(IV) alternative financing programs or State
financing systems operated through, or independently of, State assistive technology programs, and
other sources of funding for assistive technology
devices; and
‘‘(V) various programs, including programs
with tax credits, available to employers for hiring
or accommodating employees who are individuals
with disabilities.
‘‘(C) ELIGIBLE ENTITY.—To be eligible to receive a grant,
contract, or cooperative agreement under this paragraph,
an entity shall be a nonprofit organization, for-profit
organization, or institution of higher education, that—
‘‘(i) emphasizes research and engineering;
‘‘(ii) has a multidisciplinary research center; and
‘‘(iii) has demonstrated expertise in—
‘‘(I) working with assistive technology and
intelligent agent interactive information dissemination systems;
‘‘(II) managing libraries of assistive technology
and disability-related resources;
‘‘(III) delivering to individuals with disabilities
education, information, and referral services,
including technology-based curriculum-development services for adults with low-level reading
skills;

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118 STAT. 1733

‘‘(IV) developing cooperative partnerships with
the private sector, particularly with private-sector
computer software, hardware, and Internet services entities; and
‘‘(V) developing and designing advanced Internet sites.
‘‘(5) DATA-COLLECTION AND REPORTING ASSISTANCE.—
‘‘(A) IN GENERAL.—The Secretary shall award grants,
contracts, and cooperative agreements to entities to assist
the entities in carrying out State assistive technology programs in developing and implementing effective data-collection and reporting systems that—
‘‘(i) focus on quantitative and qualitative data elements;
‘‘(ii) measure the outcomes of the required activities described in section 4 that are implemented by
the States and the progress of the States toward
achieving the measurable goals described in section
4(d)(3);
‘‘(iii) provide States with the necessary information
required under this Act or by the Secretary for reports
described in section 4(f)(2); and
‘‘(iv) help measure the accrued benefits of the
activities to individuals who need assistive technology.
‘‘(B) ELIGIBLE ENTITIES.—To be eligible to receive a
grant, contract, or cooperative agreement under this paragraph, an entity shall have personnel with—
‘‘(i) documented experience and expertise in administering State assistive technology programs;
‘‘(ii) experience in collecting and analyzing data
associated with implementing required and discretionary activities;
‘‘(iii) expertise necessary to identify additional data
elements needed to provide comprehensive reporting
of State activities and outcomes; and
‘‘(iv) experience in utilizing data to provide annual
reports to State policymakers.
‘‘(c) 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.
‘‘(d) INPUT.—With respect to the activities described in subsection (b) to be funded under this section, including the national
and regionally based training and technical assistance efforts carried out through the activities, in designing the activities the Secretary shall consider, and in providing the activities providers shall
include, input of the directors of comprehensive statewide programs
of technology-related assistance, directors of alternative financing
programs, and other individuals the Secretary determines to be
appropriate, especially—
‘‘(1) individuals with disabilities who use assistive technology and understand the barriers to the acquisition of such
technology and assistive technology services;
‘‘(2) family members, guardians, advocates, and authorized
representatives of such individuals;
‘‘(3) individuals employed by protection and advocacy systems funded under section 5;

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‘‘(4) relevant employees from Federal departments and
agencies, other than the Department of Education;
‘‘(5) representatives of businesses; and
‘‘(6) venders and public and private researchers and developers.

29 USC 3006.

‘‘SEC. 7. ADMINISTRATIVE PROVISIONS.

‘‘(a) GENERAL ADMINISTRATION.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, the Assistant Secretary for Special Education and Rehabilitative Services of the Department of Education, acting through
the Rehabilitation Services Administration, shall be responsible
for the administration of this Act.
‘‘(2) COLLABORATION.—The Assistant Secretary for Special
Education and Rehabilitative Services shall consult with the
Office of Special Education Programs, the Rehabilitation Services Administration, and the National Institute on Disability
and Rehabilitation Research in the Office of Special Education
and Rehabilitative Services, and appropriate Federal entities
in the administration of this Act.
‘‘(3) ADMINISTRATION.—In administering this Act, the
Rehabilitation Services Administration shall ensure that programs funded under this Act will address the needs of individuals with disabilities of all ages, whether the individuals will
use the assistive technology to obtain or maintain employment,
to obtain education, or for other reasons.
‘‘(4) ORDERLY TRANSITION.—
‘‘(A) IN GENERAL.—The Secretary shall take such steps
as the Secretary determines to be appropriate to provide
for the orderly transition to, and implementation of, programs authorized by this Act, from programs authorized
by the Assistive Technology Act of 1998, as in effect on
the day before the date of enactment of the Assistive Technology Act of 2004.
‘‘(B) CESSATION OF EFFECTIVENESS.—Subparagraph (A)
ceases to be effective on the date that is 6 months after
the date of enactment of the Assistive Technology Act of
2004.
‘‘(b) REVIEW OF PARTICIPATING ENTITIES.—
‘‘(1) IN GENERAL.—The Secretary shall assess the extent
to which entities that receive grants under this Act are complying with the applicable requirements of this Act and
achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received
the grants.
‘‘(2) PROVISION OF INFORMATION.—To assist the Secretary
in carrying out the responsibilities of the Secretary under this
section, the Secretary may require States to provide relevant
information, including the information required under subsection (d).
‘‘(c) CORRECTIVE ACTION AND SANCTIONS.—
‘‘(1) CORRECTIVE ACTION.—If the Secretary determines that
an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act,
or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the
grant program, the Secretary shall assist the entity, through

Termination
date.

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technical assistance funded under section 6 or other means,
within 90 days after such determination, to develop a corrective
action plan.
‘‘(2) SANCTIONS.—If the entity fails to develop and comply
with a corrective action plan described in paragraph (1) during
a fiscal year, the entity shall be subject to 1 of the following
corrective actions selected by the Secretary:
‘‘(A) Partial or complete termination of funding under
the grant program, until the entity develops and complies
with such a plan.
‘‘(B) Ineligibility to participate in the grant program
in the following year.
‘‘(C) Reduction in the amount of funding that may
be used for indirect costs under section 4 for the following
year.
‘‘(D) Required redesignation of the lead agency designated under section 4(c)(1) or an entity responsible for
administering the grant program.
‘‘(3) APPEALS PROCEDURES.—The Secretary shall establish
appeals procedures for entities that are determined to be in
noncompliance with the applicable requirements of this Act,
or have not made substantial progress toward achieving the
measurable goals described in subsection (b)(1).
‘‘(4) SECRETARIAL ACTION.—As part of the annual report
required under subsection (d), the Secretary 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 TO CONGRESS.—
‘‘(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 individuals with disabilities to assistive technology devices
and assistive technology services.
‘‘(2) CONTENTS.—Such report shall include—
‘‘(A) a compilation and summary of the information
provided by the States in annual progress reports submitted under section 4(f); and
‘‘(B) a summary of the State applications described
in section 4(d) and an analysis of the progress of the
States in meeting the measurable goals established in State
applications under section 4(d)(3).
‘‘(e) CONSTRUCTION.—Nothing in this section shall be construed
to affect the enforcement authority of the Secretary, another Federal
officer, or a court under part D of the General Education Provisions
Act (20 U.S.C. 1234 et seq.) or other applicable law.
‘‘(f) EFFECT ON OTHER ASSISTANCE.—This Act may not be construed as authorizing a Federal or State agency to reduce medical

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or other assistance available, or to alter eligibility for a benefit
or service, under any other Federal law.
‘‘(g) RULE.—The Assistive Technology Act of 1998 (as in effect
on the day before the date of enactment of the Assistive Technology
Act of 2004) shall apply to funds appropriated under the Assistive
Technology Act of 1998 for fiscal year 2004.

Applicability.

‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

29 USC 3007.

‘‘(a) STATE GRANTS FOR ASSISTIVE TECHNOLOGY AND NATIONAL
ACTIVITIES.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to carry out sections 4 and 6 such sums as may be necessary
for each of fiscal years 2005 through 2010.
‘‘(2) RESERVATION.—
‘‘(A) DEFINITION.—In this paragraph, the term ‘higher
appropriation year’ means a fiscal year for which the
amount appropriated under paragraph (1) and made available to carry out section 4 is at least $665,000 greater
than the amount that—
‘‘(i) was appropriated under section 105 of this
Act (as in effect on October 1, 2003) for fiscal year
2004; and
‘‘(ii) was not reserved for grants under section
102 or 104 of this Act (as in effect on such date)
for fiscal year 2004.
‘‘(B) AMOUNT RESERVED FOR NATIONAL ACTIVITIES.—
Of the amount appropriated under paragraph (1) for a
fiscal year—
‘‘(i) not more than $1,235,000 may be reserved
to carry out section 6, except as provided in clause
(ii); and
‘‘(ii) for a higher appropriation year—
‘‘(I) not more than $1,900,000 may be reserved
to carry out section 6; and
‘‘(II) of the amount so reserved, the portion
exceeding $1,235,000 shall be used to carry out
paragraphs (1) and (2) of section 6(b).
‘‘(b) STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES
RELATED TO ASSISTIVE TECHNOLOGY.—There are authorized to be
appropriated to carry out section 5 $4,419,000 for fiscal year 2005
and such sums as may be necessary for each of fiscal years 2006
through 2010.’’.
SEC. 3. CONFORMING AMENDMENTS.

42 USC 15024.

42 USC 15025.

42 USC 15043.

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(a) DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF
RIGHTS ACT OF 2000.—The Developmental Disabilities Assistance
and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.) is amended—
(1) in section 124(c)(3)(B), by striking ‘‘section 101 or 102
of the Assistive Technology Act of 1998 (29 U.S.C. 3011, 3012)’’
and inserting ‘‘section 4 or 5 of the Assistive Technology Act
of 1998’’;
(2) in section 125(c)(5)(G)(i), by striking ‘‘section 101 or
102 of the Assistive Technology Act of 1998 (29 U.S.C. 3011,
3012)’’ and inserting ‘‘section 4 or 5 of the Assistive Technology
Act of 1998’’;
(3) in section 143(a)(2)(D)(ii), by striking ‘‘section 101 or
102 of the Assistive Technology Act of 1998 (29 U.S.C. 3011,

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3012)’’ and inserting ‘‘section 4 or 5 of the Assistive Technology
Act of 1998’’; and
(4) in section 154(a)(3)(E)(ii)(VI), by striking ‘‘section 101
or 102 of the Assistive Technology Act of 1998 (29 U.S.C.
3011, 3012)’’ and inserting ‘‘section 4 or 5 of the Assistive
Technology Act of 1998’’.
(b) REHABILITATION ACT OF 1973.—The Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.) is amended—
(1) in section 203, by striking subsection (e) and inserting
the following:
‘‘(e) In this section—
‘‘(1) the terms ‘assistive technology’ and ‘universal design’
have the meanings given the terms in section 3 of the Assistive
Technology Act of 1998; and
‘‘(2) the term ‘targeted individuals’ has the meaning given
the term ‘targeted individuals and entities’ in section 3 of
the Assistive Technology Act of 1998.’’;
(2) in section 401(c)(2), by striking ‘‘targeted individuals’’
and inserting ‘‘targeted individuals and entities’’; and
(3) in section 502(d), by striking ‘‘targeted individuals’’
and inserting ‘‘targeted individuals and entities’’.

42 USC 15064.

29 USC 763.

29 USC 781.
29 USC 792.

Approved October 25, 2004.

LEGISLATIVE HISTORY—H.R. 4278:
HOUSE REPORTS: No. 108–514 (Comm. on Education and the Workforce).
CONGRESSIONAL RECORD, Vol. 150 (2004):
June 14, considered and passed House.
Sept. 30, considered and passed Senate, amended.
Oct. 8, House concurred in Senate amendment.

Æ

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