[Congressional Record Volume 150, Number 81 (Monday, June 14, 2004)]
[House]
[Pages H3913-H3920]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
IMPROVING ACCESS TO ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH
DISABILITIES ACT OF 2004
Mr. CASTLE. Mr. Speaker, I move to suspend the rules and pass the
bill (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, as amended.
The Clerk read as follows:
H.R. 4278
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 ``Improving Access to
Assistive Technology for Individuals with Disabilities Act of
2004''.
SEC. 2. AMENDMENT TO THE ASSISTIVE TECHNOLOGY ACT OF 1998.
The Assistive Technology Act of 1998 (29 U.S.C. 3001 et
seq.) is amended to read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Assistive
Technology Act of 1998'.
``(b) Table of Contents.--The table of contents for this
Act is as follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Findings and purposes.
``Sec. 3. Definitions.
``Sec. 4. Grants to States for purchase of assistive technology devices
and assistive technology services.
``Sec. 5. Grants to States for protection and advocacy related to
assistive technology.
``Sec. 6. Administrative provisions.
``Sec. 7. National activities.
``Sec. 8. Authorization of appropriations.
``SEC. 2. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds the following:
``(1) Disability is a natural part of the human experience
and in no way diminishes the right of 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.
``(2) 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.
``(3) 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 would have profound implications for
individuals with disabilities in the United States.
``(4) Over the last 15 years, the Federal Government has
invested in the development of statewide comprehensive
systems to help individuals with disabilities gain access to
assistive technology devices and services. This partnership
with States provided an important service to individuals with
disabilities by strengthening the capacity of each State to
assist individuals with disabilities of all ages with their
assistive technology needs.
``(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 and adaptations increase the
involvement, and reduce expenditures associated with,
programs and activities that facilitate communication, ensure
independent living and functioning, enable early childhood
development, support educational achievement, provide and
enhance employment options, and enable full participation in
community living and recreation for individuals with
disabilities.
``(6) Despite the success of the Federal-State partnership
in providing access to assistive technology 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
participation of individuals with disabilities in society.
``(b) Purposes.--The purposes of this Act are--
``(1) to support State efforts to improve the provision of
assistive technology to individuals with disabilities through
comprehensive statewide 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 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 the general
population; and
``(2) to provide States with financial assistance that
supports programs designed to
[[Page H3914]]
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.
``In this Act:
``(1) Advocacy services.--The term `advocacy services',
except as used as part of the term `protection and advocacy
services', means services provided to assist individuals with
disabilities and their family members, guardians, advocates,
and authorized representatives in accessing assistive
technology devices and assistive technology services.
``(2) American indian consortium.--The term `American
Indian Consortium' has the meaning given the term in section
102(1) of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000 and that is established to provide
protection and advocacy services for purposes of receiving
funding under subtitle C of title I of such Act.
``(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) services consisting of purchasing, leasing, or
otherwise providing for the acquisition of assistive
technology devices by individuals with disabilities;
``(C) services consisting of selecting, designing, fitting,
customizing, adapting, applying, maintaining, repairing, or
replacing assistive technology devices;
``(D) coordination and use of necessary therapies,
interventions, or services with assistive technology devices,
such as therapies, interventions, or services associated with
education and rehabilitation plans and programs;
``(E) training or technical assistance for an individual
with disabilities, or, where appropriate, the family members,
guardians, advocates, or authorized representatives of such
an individual; and
``(F) training or technical assistance for professionals
(including individuals providing education and rehabilitation
services), employers, or other individuals who provide
services to, employ, or are otherwise substantially involved
in the major life functions of individuals with disabilities.
``(6) Capacity building and advocacy 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 technology-related
assistance.--The term `comprehensive statewide program of
technology-related assistance' means a consumer-responsive
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.
``(8) Consumer-responsive.--The term `consumer-
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
``(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 one individual with a
disability.
``(11) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1141(a)), and includes a community college receiving
funding under the Tribally Controlled Community College
Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
``(12) Protection and advocacy services.--The term
`protection and advocacy services' means services that--
``(A) are described in part C of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6041 et seq.), the Protection and Advocacy for Mentally Ill
Individuals Act of 1986 (42 U.S.C. 10801 et seq.), or section
509 of the Rehabilitation Act of 1973; and
``(B) assist individuals with disabilities with respect to
assistive technology devices and assistive technology
services.
``(13) Secretary.--The term `Secretary' means the Secretary
of Education.
``(14) State.--
``(A) In general.--Except as provided in subparagraph (B),
the term `State' means each of the several States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
``(B) Outlying areas.--In sections 4(c) and 5(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) Targeted individuals.--The term `targeted
individuals' means--
``(A) individuals with disabilities of all ages and their
family members, guardians, advocates, and authorized
representatives;
``(B) individuals who work for public or private entities
(including insurers or managed care providers), that have
contact with individuals with disabilities;
``(C) educators and related services personnel;
``(D) technology experts (including engineers);
``(E) health and allied health professionals;
``(F) employers; and
``(G) other appropriate individuals and entities.
``(16) Technology-related assistance.--The term
`technology-related assistance' means assistance provided
through capacity building and advocacy activities that
accomplish the purposes described in any of subparagraphs (A)
through (G) of section 2(b)(1).
``(17) Underrepresented population.--The term
`underrepresented population' means a 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.
``(18) Universal design.--The term `universal design' means
a concept or philosophy for designing and delivering products
and services that are usable by people with the widest
possible range of functional capabilities, which include
products and services that are directly usable (without
requiring assistive 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 TECHNOLOGY
SERVICES.
``(a) Grants to States.--The Secretary shall award grants,
in accordance with this section, to States to maintain
comprehensive statewide programs of technology related
assistance to support programs that
[[Page H3915]]
are designed to maximize the ability of individuals with
disabilities and their family members, guardians, advocates,
and authorized representatives to obtain assistive technology
devices and assistive technology services.
``(b) Use of Funds.--
``(1) In general.--
``(A) Required activities.--Except as provided in
subparagraph (C), any State that receives a grant under this
section shall use a portion of the funds made available
through the grant to carry out the activities described in
subparagraphs (A) and (B) of paragraph (2).
``(B) Discretionary activities.--Any State that receives a
grant under this section may use the funds made available
through the grant to carry out the activities described in
subparagraph (C) or (D) of paragraph (2).
``(C) Special rule.--Any State in which financial support
for the activities described in subparagraph (A) or (B) of
paragraph (2) is provided from State or other resources shall
not be required to expend the funds provided under the grant
to carry out the activities described in subparagraph (A) or
(B), as the case may be. Such financial support shall be
comparable to the amount of the grant the State would
otherwise have expended for such activities.
``(2) State-level activities.--
``(A) State finance systems.--The State shall support
activities to increase access to, and funding for, assistive
technology devices and 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 services, such as--
``(i) the development of systems for the purchase, lease,
other acquisition, or payment for the provision of assistive
technology devices and assistive technology services; or
``(ii) the establishment of alternative State or privately
funded systems of subsidies for the provision of assistive
technology devices or assistive technology services, 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 operated by a partnership among private
entities for the purchase, lease, or other acquisition of
assistive technology devices or assistive technology
services; or
``(VI) another mechanism approved 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, employers,
public agencies, public accommodations, or others seeking to
meet the needs of targeted individuals, including to comply
with the Individuals with Disabilities Education Act, the
Americans with Disabilities Act of 1990, and section 504 of
the Rehabilitation Act of 1973.
``(C) Device reutilization programs.--The State shall
directly, or in collaboration with public or private
entities, carry out assistive technology device reutilization
programs that provide for the exchange, recycling, or other
reutilization of assistive technology devices, which may
include redistribution through device and equipment loans,
rentals, or gifts.
``(D) Device demonstration program.--The State shall
directly, or in collaboration with public or private
entities, carry out assistive technology device demonstration
programs that provide for the ability of targeted individuals
to learn about the use and operation of assistive technology
devices.
``(3) State leadership activities.--
``(A) In general.--Any State that receives a grant under
this section may use up to 40 percent of the funds made
available through the grant to carry out the activities
described in subparagraph (B).
``(B) Required activities.--The State shall support--
``(i) public awareness activities designed to provide
information to targeted individuals relating to the
availability and benefits of assistive technology devices and
assistive technology services, including--
``(I) the development and dissemination of information
relating to--
``(aa) the nature of assistive technology devices and
assistive technology services;
``(bb) the appropriateness of, cost of, availability of,
evaluation of, and access to, assistive technology devices
and assistive technology services; and
``(cc) 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;
``(II) the development of procedures for providing direct
communication between providers of assistive technology and
targeted individuals, which may include partnerships with the
State and local workforce investment system established under
the Workforce Investment Act of 1998, State vocational
rehabilitation centers, public and private employers, or
elementary and secondary public schools; and
``(III) the development and dissemination, to targeted
individuals, of information about State efforts related to
assistive technology; and
``(IV) the distribution of materials to appropriate public
and private agencies that provide social, medical,
educational, employment, and transportation services to
individuals with disabilities.
``(ii) technical assistance and training on--
``(I) the development of training materials and the conduct
of training in the use of assistive technology devices and
assistive technology services;
``(II) providing technical assistance, including technical
assistance concerning how--
``(aa) to consider the needs of an individual with a
disability for assistive technology devices and assistive
technology services in developing any individualized plan or
program authorized under Federal or State law; and
``(bb) to increase consumer participation regarding
assistive technology devices and assistive technology
services; and
``(III) the enhancement of the assistive technology skills
and competencies of--
``(aa) individuals who work for public or private entities
(including insurers and managed care providers), who have
contact with individuals with disabilities;
``(bb) educators and related services personnel;
``(cc) technology experts (including engineers);
``(dd) health and allied health professionals;
``(ee) employers; and
``(ff) other appropriate personnel; and
``(iii) outreach and support to statewide and community-
based organizations that provide assistive technology devices
and assistive technology services to individuals with
disabilities or that assist individuals with disabilities in
using assistive technology devices and assistive technology
services, including a focus on organizations assisting
individuals from underrepresented populations and rural
populations, and further including support such as outreach
to consumer organizations and groups in the State to
coordinate efforts to assist individuals with disabilities of
all ages and their family members, guardians, advocates, or
authorized representatives, to obtain funding for, access to,
and information on evaluation of assistive technology devices
and assistive technology services.
``(C) Authorized activities.--The State may support the
operation and administration of the activities in paragraph
(2), through interagency coordination to develop and promote
the adoption of policies that improve access to assistive
technology devices and assistive technology services for
individuals with disabilities of all ages in the State and
that result in improved coordination among public and private
entities that are responsible or have the authority to be
responsible, for policies, procedures, or funding for, or the
provision of assistive technology devices and assistive
technology services to, such individuals.
``(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 it
receives under a grant under this section to carry out any of
the activities described in paragraph (2).
``(B) Special rule.--Notwithstanding paragraph (3)(A), any
State which exercises its authority under subparagraph (A)
may not use more than 30 percent of the funds made available
through the grant to carry out the activities described in
paragraph (3)(B).
``(c) Amount of Financial Assistance.--
``(1) Grants to outlying areas.--From the funds
appropriated under section 8(a) for any fiscal year for
grants under this section, the Secretary shall make a grant
in an amount of not more than $105,000 to each eligible
outlying area.
``(2) Grants to states.--From the funds described in
paragraph (1) that are not used to make grants under
paragraph (1), the Secretary shall make grants to States in
accordance with the requirements described in paragraph (3).
``(3) Calculation of state grants.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary shall allocate funds to each State for a fiscal
year in an amount that bears the same ratio as the population
of the State bears to the population of all States.
``(B) Minimum allotment.--A State shall receive an amount
under a grant for a fiscal year that is not less than the
amount the State received under the grant provided under
title I of this Act (as in effect on the day before the date
of the enactment of the Improving Access to Assistive
Technology for Individuals with Disabilities Act of 2004) for
fiscal year 2004.
``(C) Ratable reductions.--
``(i) In general.--If amounts made available to carry out
this section for any fiscal year are insufficient to meet the
minimum allotment requirement for each State under
subparagraph (B) for such fiscal year, the Secretary shall
ratably reduce such amounts for such fiscal year.
``(ii) Additional funds.--If additional funds become
available for making payments described under this subsection
for any such fiscal year, the amounts that were reduced under
clause (i) shall be increased on the same basis as such
amounts were reduced.
``(d) Lead Agency.--
[[Page H3916]]
``(1) Designation.--To be eligible to receive a grant under
this section, the Governor of the State shall designate in
accordance with paragraph (2) a lead agency to administer the
grant under this section.
``(2) Eligible entities.--For purposes of paragraph (1),
the Governor of the State may designate one of the following:
``(A) The State agency responsible for the administration
of vocational rehabilitation in the State.
``(B) A commission, council, or other official body
appointed by the Governor.
``(C) A public-private partnership or consortium.
``(D) A public agency (including the office of the
Governor, a State oversight office, a State agency, a public
institution of higher education, or other public entity).
``(E) A council established under Federal or State law.
``(F) An organization described in section 501(c)(3) of
Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of that Act.
``(G) Another appropriate office, agency, entity, or
organization.
``(3) Duties of the lead agency.--The duties of the lead
agency shall include--
``(A) submitting the application described in subsection
(e) on behalf of the State;
``(B) administering and supervising the use of amounts made
available under the grant received by the State under this
section;
``(C) (i) coordinating efforts related to, and supervising
the preparation of, the application described in subsection
(e);
``(ii) coordinating, maintaining, and evaluating the
comprehensive statewide program of technology-related
assistance among public agencies and between public agencies
and private entities, including coordinating efforts related
to entering into interagency agreements; and
``(iii) coordinating efforts, especially efforts carried
out with entities that provide protection and advocacy
services described in section 5, 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 under the
grant;
``(D) delegating, in whole or in part, any responsibilities
described in subparagraph (A), (B), or (C) to one or more
appropriate offices, agencies, entities, or individuals; and
``(E) establishing a partnership or partnerships with
private providers of social, medical, educational,
employment, and transportation services to individuals with
disabilities.
``(4) Change in lead agency.--The Governor may change the
lead agency of the State (to an agency other than the lead
agency of the State as of the date of the enactment of the
Improving Access to Assistive Technology for Individuals with
Disabilities Act of 2004) if the Governor provides a
justification in the application to the Secretary for such
action. Nothing in this subsection shall be construed to
require the Governor of a State to change the lead agency of
the State to an agency other than the lead agency of such
State as of the date of the enactment of the Improving Access
to Assistive Technology for Individuals with Disabilities Act
of 2004.
``(e) State Application.--
``(1) Submission.--Any State that desires to receive a
grant under this section shall submit to the Secretary an
application at such time and in such manner as the Secretary
may specify.
``(2) Content.--Each application shall contain, at a
minimum, the following information:
``(A) Planned activities.--A description of those
activities described in subsection (b)(2) that the State will
carry out under the grant.
``(B) Measurable goals.--A description of--
``(i) the measurable goals the State has set for addressing
the assistive technology needs of individuals with
disabilities in the State, including any measurable goals,
and a timeline for meeting such goals, related to--
``(I) education, including goals involving the provision of
assistive technology to individuals with disabilities that
receive services under the Individuals with Disabilities
Education Act;
``(II) employment, including goals involving the State
vocational rehabilitation program carried out under title I
of the Rehabilitation Act of 1973;
``(III) telecommunication and information technology; and
``(IV) community living; and
``(ii) how the State will quantifiably measure the goals to
determine whether the goals have been achieved.
``(C) Involvement of individuals with disabilities of all
ages and their families.--A description of how individuals
with disabilities of all ages and their families--
``(i) were involved in selecting--
``(I) the goals;
``(II) the activities to be undertaken in achieving the
goals; and
``(III) the measures to be used in judging if the goals
have been achieved; and
``(ii) will be involved in measuring whether the goals have
been achieved.
``(D) State support.--A description of those activities
described in subsection (b)(2) that the State will support
under the grant, including at a minimum the State's plans to
provide financial support, consistent with subsection (b)(1),
for the activities described in subparagraphs (A) and (B) of
such subsection.
``(E) Assurance.--An assurance that the physical location
of the entity responsible for conducting the State activities
under this Act meets the requirements of the Americans with
Disabilities Act of 1990 regarding accessibility for
individuals with disabilities.
``(F) Other information.--Such other information as the
Secretary may reasonably require.
``SEC. 5. GRANTS TO STATES FOR PROTECTION AND ADVOCACY
RELATED TO ASSISTIVE TECHNOLOGY.
``(a) Grants to States.--
``(1) In general.--The Secretary shall make a grant to an
entity in each State to support protection and advocacy
services through the systems established to provide
protection and advocacy services under the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6000 et seq.) for the purposes of assisting in the
acquisition, utilization, or maintenance of assistive
technology or assistive technology services for individuals
with disabilities.
``(2) Special rule.--Notwithstanding paragraph (1), for a
State that, on the day before the date of the enactment of
the Improving Access to Assistive Technology for Individuals
with Disabilities Act of 2004, was described in section
102(a)(2) of this Act, the Secretary shall make the grant to
the lead agency designated under section 4(d). The lead
agency shall determine how the funds made available under
this section shall be divided among the entities that were
providing protection and advocacy services in that State on
that day, and distribute the funds to the entities. In
distributing the funds, the lead agency shall not establish
any further eligibility or procedural requirements for an
entity in that State that supports protection and advocacy
services through the systems established to provide
protection and advocacy services under the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15001 et seq.). Such an entity shall comply with the
same requirements (including reporting and enforcement
requirements) as any other entity that received funding under
paragraph (1).
``(b) Amount of Financial Assistance.--
``(1) Grants to outlying areas and american indian
consortium.--
``(A) Outlying areas.--From the funds appropriated under
section 8(b) for any fiscal year, the Secretary shall make a
grant in an amount of not more than $30,000 to each eligible
system within an outlying area.
``(B) American indian consortium.--From the funds
appropriated under section 8(b) for any fiscal year, the
Secretary shall make a grant in an amount of not more than
$30,000 to the American Indian Consortium to provide services
in the same manner as an eligible system described under this
section. If the amount appropriated under section 8(b) for a
fiscal year exceeds the amount appropriated under such
section for the preceding fiscal year, then the amount
referred to in the preceding sentence shall be increased for
such fiscal year by the same percentage as such amount
appropriated under section 8(b) exceeds the amount
appropriated under such section for the preceding fiscal
year.
``(2) Grants to states.--For any fiscal year, after
reserving funds to make grants under paragraph (1), the
Secretary shall make allotments from the remainder of the
funds in accordance with paragraph (3) to eligible systems
within States to support protection and advocacy services as
described in subsection (a). The Secretary shall make grants
to the eligible systems from the allotments.
``(3) Systems within states.--
``(A) Population basis.--Except as provided in subparagraph
(B), from such remainder for each fiscal year, the Secretary
shall make an allotment to the eligible system within a State
of an amount bearing the same ratio to such remainder as the
population of the State bears to the population of all
States.
``(B) Minimums.--Subject to the availability of
appropriations to carry out this section, the allotment to
any system under subparagraph (A) shall be not less than
$50,000, and the allotment to any system under this paragraph
for any fiscal year that is less than $50,000 shall be
increased to $50,000.
``(4) Reallotment.--Whenever the Secretary determines that
any amount of an allotment under paragraph (3) to a system
within a State for any fiscal year will not be expended by
such system in carrying out the provisions of this section,
the Secretary shall make such amount available for carrying
out the provisions of this section to all other systems in
the same proportion such amounts were first allocated to such
systems.
``(5) Carryover.--Any amount paid to an 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,
except that program income generated from such amount shall
remain available for two additional fiscal years and may only
be used to improve the awareness of individuals with
disabilities on the accessibility of assistive technology and
assisting such individuals in the acquisition, utilization,
or maintenance of assistive technology or assistive
technology services.
``(c) Report to Secretary.--An entity that receives a grant
under this section shall
[[Page H3917]]
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 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 and assistive
technology services for individuals with disabilities;
``(4) developing and implementing strategies to enhance the
long-term abilities of individuals with disabilities and
their family members, guardians, 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 carryover funds described in
subsection (b)(5) to improve the awareness of individuals
with disabilities on the accessibility of assistive
technology and assisting them in the acquisition,
utilization, or maintenance of assistive technology or
assistive technology services.
``(d) Reports and Updates to State Agencies.--An entity
that receives a grant under this section shall prepare and
submit to the lead agency the report described in subsection
(c) and quarterly updates concerning the activities described
in subsection (c).
``(e) Coordination.--On making a grant under this section
to an entity in a State, the Secretary shall solicit and
consider the opinions of the lead agency of the State
designated under section 4(d) with respect to efforts at
coordination, collaboration, and promoting outcomes between
the lead agency and the entity that receives the grant under
this section.
``SEC. 6. ADMINISTRATIVE PROVISIONS.
``(a) General Administration.--Notwithstanding any other
provision of law, the Rehabilitation Services Administration
in the Office of Special Education and Rehabilitative
Services of the Department of Education shall be responsible
for the administration of this Act.
``(b) Review of Participating Entities.--
``(1) In general.--The Secretary shall assess the extent to
which entities that receive grants pursuant to this Act are
complying with the applicable requirements of this Act and
achieving the quantifiable, measurable goals that are
consistent with the requirements of the grant programs under
which the entities applied for the grants.
``(2) Provision of information.--To assist the Secretary in
carrying out the responsibilities of the Secretary under this
section, the Secretary may 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 fails to substantially comply with the requirements
of this Act or to substantially make progress towards meeting
the goals established under section 4(e)(2)(B) with respect
to a grant program, the Secretary shall assist the entity
through technical assistance funded under section 7 or other
means, within 90 days after such determination, to develop a
corrective action plan.
``(2) Sanctions.--An entity that fails to develop and
comply with a corrective action plan as described in
paragraph (1) during a fiscal year shall be subject to one of
the following corrective actions selected by the Secretary:
``(A) Partial or complete withholding of funds under the
grant program until such plan is developed and implemented.
``(B) Reduction in the amount of funding that may be used
for indirect costs under section 4(b)(4) for the following
year under the grant program.
``(C) Required redesignation of the lead agency designated
under section 4(d) or an entity responsible for administering
the grant program.
``(3) Appeals procedures.--The Secretary shall establish
appeals procedures for entities that are found to be in
noncompliance with the requirements of this Act or have not
substantially made progress towards meeting the goals
established under section 4(e)(2)(B).
``(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.--
``(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 information on--
``(A) the type of alternative financing mechanisms used by
each State under the program;
``(B) the amount and type of assistance given to consumers
(who shall be classified by age, type of disability, type of
assistive technology device or assistive technology service
financed through the program, geographic distribution within
the State, gender, and whether the consumers are part of an
underrepresented population or rural population), including--
``(i) the number of applications for assistance received;
``(ii) the number of applications approved and rejected;
``(iii) the default rate;
``(iv) the range and average interest rate;
``(v) the range and average income of approved loan
applicants; and
``(vi) the types and dollar amounts of assistive technology
financed;
``(C) the number, type, and length of time of loans of
assistive technology devices provided to individuals with
disabilities, employers, public agencies, or public
accomodations, including an analysis of the individuals with
disabilities who have benefited from the device loan program;
``(D) the number, type, estimated value, and scope of
device reutilization programs, including an analysis of the
individuals with disabilities that have benefited from the
device loan program;
``(E) the number and type of equipment demonstrations
provided, including an analysis of individuals with
disabilities who have benefited from the program;
``(F) a summary of the State plans and annual reports
submitted by the States, including an analysis of the
progress of the States in meeting their goals established in
the State application;
``(G) the number of individuals who received training and
the topics of such training;
``(H) the frequency and nature of technical assistance
provided to State and local governmental agencies and other
entities; and
``(I) the outcomes of interagency coordination and
collaboration activities carried out by the State, as
applicable, that support access to assistive technology
including the type, purpose, and source of leveraged funding
or other contributed resources from public and private
entities.
``(e) Effect on Other Assistance.--This Act may not be
construed as authorizing a Federal or a State agency to
reduce medical or other assistance available, or to alter
eligibility for a benefit or service, under any other Federal
law.
``SEC. 7. NATIONAL ACTIVITIES.
``(a) In General.--Through grants, contracts, or
cooperative agreements, awarded on a competitive basis, the
Secretary is authorized to provide technical assistance to
entities, principally entities funded under section 4 or 5.
``(b) Input.--In designing the program to be funded under
this section, and in deciding the differences in function
between national and regionally based technical assistance
efforts carried out through the program, the Secretary shall
consider the input of the directors of comprehensive
statewide programs of technology-related assistance and other
individuals the Secretary determines to be 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; and
``(3) individuals employed by protection and advocacy
systems funded under section 5.
``(c) Authorized Activities.--The Secretary shall support
activities designed to maximize the impact and benefit of
assistive technology devices and assistive technology
services for individuals with disabilities, including the
following activities:
``(1) National public internet site.--
``(A) Establishment of internet site.--The Secretary shall
fund the establishment and maintenance of a National Public
Internet Site for the purposes of providing to individuals
with disabilities and the general public technical assistance
and information on increased access to assistive technology
devices, assistive technology services, and other disability-
related resources.
``(B) Eligible entity.--To be eligible to receive a grant
or enter into a contract or cooperative agreement under
subsection (a) to establish and maintain the Internet site,
an entity shall be an institution of higher education that
emphasizes research and engineering, has a multidisciplinary
research center, and 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;
[[Page H3918]]
``(iii) delivering education, information, and referral
services to individuals with disabilities, including
technology-based curriculum development services for adults
with low-level reading skills;
``(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.
``(C) Features of internet site.--The National Public
Internet Site described in subparagraph (A) 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) 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.
``(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 institution of higher education and
cooperating private sector entities.
``(D) Minimum library components.--At a minimum, the
Internet site shall maintain updated information on--
``(i) how to plan, develop, implement, and evaluate
activities to further extend comprehensive statewide programs
of technology-related assistance, including the development
and replication of effective approaches to--
``(I) providing information and referral services;
``(II) promoting interagency coordination of training and
service delivery among public and private entities;
``(III) conducting outreach to underrepresented populations
and rural populations;
``(IV) mounting successful public awareness activities;
``(V) improving capacity building in service delivery;
``(VI) training personnel from a variety of disciplines;
and
``(VII) improving evaluation strategies, research, and data
collection;
``(ii) 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;
``(iii) successful approaches to increasing the
availability of public and private funding for and access to
the provision of assistive technology devices and assistive
technology services by appropriate State agencies; and
``(iv) demonstration sites where individuals may try out
assistive technology.
``(2) Technical assistance efforts.--The Secretary shall,
on a competitive basis, make grants to, or enter into
cooperative agreements with, eligible entities--
``(A) to address State-specific information requests
concerning assistive technology from other entities funded
under this Act and public entities not funded under this Act,
including--
``(i) requests for state-of-the-art, or model, Federal,
State, and local laws, 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;
``(ii) 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;
``(iii) 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;
``(iv) 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;
``(v) other requests for technical assistance from other
entities funded under this Act and public entities not funded
under this Act; and
``(vi) other assignments specified by the Secretary,
including assisting entities described in section 6(b) to
develop corrective action plans; and
``(B) to assist targeted individuals 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
subparagraph (A).
``(d) Eligible Entities.--To be eligible to compete for
grants, contracts, and cooperative agreements under this
section, entities shall have documented experience with and
expertise in assistive technology service delivery or
systems, interagency coordination, and capacity building and
advocacy activities.
``(e) Application.--To be eligible to receive a grant,
contract, or cooperative agreement under this section, an
entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
``(a) State Grants for Assistive Technology; National
Activities.--There are authorized to be appropriated to carry
out sections 4 and 7 of this Act $21,524,000 for fiscal year
2005 and such sums as may be necessary for each of fiscal
years 2006 through 2010. Of the amount appropriated pursuant
to the authorization of appropriations under this subsection
for a fiscal year, not more than $1,235,000 may be made
available to carry out section 7 of this Act.
``(b) State Grants for Protection and Advocacy.--There are
authorized to be appropriated to carry out section 5 of this
Act $4,419,000 for fiscal year 2005 and such sums as may be
necessary for each of fiscal years 2006 through 2010.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Delaware (Mr. Castle) and the gentleman from Michigan (Mr. Kildee )
each will control 20 minutes.
The Chair recognizes the gentleman from Delaware (Mr. Castle).
General Leave
Mr. CASTLE. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on H.R. 4278.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Delaware?
There was no objection.
Mr. CASTLE. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of H.R. 4278, the Improving
Access to Assistive Technology For Individuals With Disabilities Act of
2004.
This legislation reauthorizes and reforms the Assistive Technology
Act, which was created in 1988. Since then the Federal Government has
played an important role in helping States develop systems to provide
access to assistive technology devices and services for individuals
with disabilities.
The original intent of this program was to provide seed money to
establish statewide systems to help individuals with disabilities
access assistive technology. Since then, all 50 States, the District of
Columbia, Puerto Rico, and the outlying areas have established systems
of some design and scope.
In 1998, we added the alternative financing program as a competitive
grant program and we have seen many States make wonderful progress in
expanding the opportunities made available to individuals with
disabilities.
The original law contained a sunset provision in which the funding
for these deficits would expire after 10 years. However, the program
has continued to receive funds for the past 6 years since the initial
10 years were completed. These funds are now running out, and it is
necessary to reauthorize this act to ensure that these programs
continue to meet the needs of individuals with disabilities.
The Federal funds distributed to States over the last 16 years have
allowed States to set up the needed infrastructure to support assistive
technology systems. To continue the success of the assistive technology
programs and to ensure that Federal money is used to best provide
services to individuals with disabilities, significant reform of the
Assistive Technology Act is needed.
This bill shifts the focus of the program to provide greater direct
benefit to individuals with disabilities. Our goal is to help States
gets more assistive technology directly into the hands of the
individuals with disabilities. This new focus expands the reach of the
State programs by moving away from support of administration activities
and emphasizing the importance of getting the technology itself to the
individuals with disabilities that need it.
I know that this will help States continue to make progress in their
efforts
[[Page H3919]]
to expand access to assistive technology and that increasing numbers of
individuals with disabilities will be able to participate in society
more fully every day.
Although we are refocusing the program, we certainly recognize the
importance of State flexibility, and our bill maintains that important
element of this program.
We direct States to focus their efforts to putting the technology
into the hands of individuals with disabilities, but allow them the
freedom to decide how they would go about that and which efforts will
work best in their State to accomplish that goal.
States have two options in regard to their expenditures of Federal
funds. In one option States could allocate 70 percent of the resources
to State level activities and spend no more than 30 percent on State
level activities. State level activities are more focused on directly
giving individuals with disabilities assistive technology access and
services, while State leadership activities are more administrative.
Under this option, the States would have full flexibility to select the
activities in each category that they would support.
In the other option, States would choose to spend 60 percent of the
resources on State level activities and no more than 40 percent on
State leadership activities. However, the State would be required to
support two particular State level activities, the alternative
financing program and the device loan program. I believe that the
increased focus on State level activities coupled with the State
flexibility will drastically improve the program and the assistance in
services it provides to individuals with disabilities.
I am pleased with the changes that H.R. 4278 makes to the Assistive
Technology Act, and I believe they will greatly improve the lives of
those affected by a disability. In crafting this legislation, we worked
with our friends across the aisle, our friends in the disability
community, and our State directors. I believe we have come up with a
creative proposal that will give States significant flexibility while
also ensuring that the focus of the program does shift in the right
direction. The reforms we have crafted in this bill respond to the
concerns of the critics of this program, and it will place the program
on solid footing for continued and future success.
I would like to thank the gentleman from Michigan (Mr. Kildee) and
his staff for the long hours that have gone into this process so far. I
would also like to thank the gentleman from Minnesota (Mr. Ramstad) and
the gentleman from Rhode Island (Mr. Langevin) for their support of
this important legislation. As cochairs of the Disability Caucus, they
know the importance of this legislation and we are glad to have their
support today. I am very pleased with this bill, and I am glad to say
we have been able to come together in a bipartisan way to improve this
important program.
I would also like to thank our friends in the disability community
for working with us so diligently throughout this process. Your support
for this legislation is valued, and it is important that this has been
such an open and deliberative process.
I strongly support H.R. 4278, the Improving Access for Individuals
With Disabilities Act of 2004, and I urge my colleagues to do the same.
Madam Speaker, I reserve the balance of my time.
Mr. KILDEE. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in strong support of H.R. 4278. The bill is a
culmination of many months of bipartisan efforts to reauthorize the
Assistive Technology Act.
This law is an important component in ensuring that individuals with
disabilities can access assistive technology to attend school, to
maintain employment, and to live independently.
As Members know, this bill is critically needed. This legislation
finally ensures that States grant programs can counts on a stable
source of Federal funds to support their operations. The last
reauthorization of the Assistive Technology Act in 1998 sunset the
State grant program. For the past 3 years, many States have wondered
whether a certain year would be the last year of Federal funding. This
bill erases this doubt by ensuring that all States will be eligible for
funding through 2010.
I want to mention the inclusion of the American Indian Consortium as
a funded protection and advocacy system under this legislation.
Individuals with disabilities in Indian Country are some of the most
disadvantaged when it comes to the ability to access assistive
technology. This bill will provide resources to this consortium to
ensure the needs of Native Americans seeking assistive technology are
represented.
This provision alone will have a tremendously positive impact on
Indian Country. The momentum behind this bill would not have been
possible without a real bipartisan effort to move this bill. I want to
thank particularly the gentleman from Ohio (Mr. Boehner), the gentleman
from California (Mr. McKeon), and the gentleman from Delaware (Mr.
Castle), its former governor, for his hard work on this bill, and I
want to thank their staffs for working closely with my staff.
We have truly created a bill that will improve the ability of
individuals with disabilities to access assistive technology. This
legislation is an excellent example of what we can accomplish if we put
our efforts into working together.
Madam Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. CASTLE. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, before I yield back the balance of my time, I would
like to thank the gentleman from Michigan (Mr. Kildee). I do not work
with him as much as I used to but he has always been wonderful to work
with. A lot of the work on this bill, as the gentleman and I both know,
was done by the gentleman from California (Mr. McKeon), who deserves a
tremendous amount of the credit for bringing this together. But the
gentleman from Michigan's (Mr. Kildee) help and that of the amiable
gentleman from California (Mr. McKeon) is tremendous in pulling
together partisan interests and differing interests and bringing them
together to allow legislation like this to move forward.
I would encourage all of the Members to support it.
Mr. HOYER. Madam Speaker, technology has become tremendously
important in everyone's daily lives, but there are perhaps few places
where technology plays as important a role in an individual's daily
life than for individuals with disabilities.
That is why I am pleased to be a cosponsor and strong supporter of
the Improving Access to Assistive Technology for Individuals with
Disabilities Act of 2004, considered in the House of Representatives
today.
Assistive technology devices and adaptations are critical to ensuring
that individuals with disabilities can live with independence and
pursue work, education, communication and other aspects of daily
living.
Since the Assistive Technology Act was enacted in 1998, assistive
technology state grants have provided funds to states to start-up and
establish systems for distributing assistive technology devices and
services. States have since made significant progress in building and
improving these systems. The Maryland Technology Assistance Program,
for example, provides a low-interest loan program to help people gain
access to and afford critical technologies.
The previous authorization originally included a sunset provision to
phase out the state assistance grants. However, as it has become clear
that technology was increasingly important and that this program
provided crucial assistance, support has grown to make this program
permanent.
I am pleased that over the past several years, we have been able to
include language in the Labor-HHS-Education bill to waive the sunset
provision and adequate funding, so that states would not have to
eliminate their programs.
With this important reauthorization bill, we will no longer have to
include this language on an annual basis, and individuals with
disabilities can be confident that this program will continue to
provide states with needed assistance.
I am also pleased that this bill has been written to revise the
program with greater focus on providing direct benefits to individuals
with disabilities.
I hope all of my colleagues will support this bipartisan legislation.
Mr. CASTLE. Madam Speaker, I rise in support of H.R. 4278, the
Improving Access to Assistive Technology for Individuals with
Disabilities Act of 2004, and thank the gentleman from California (Mr.
McKeon) for his work.
[[Page H3920]]
The legislation before us today is key to helping thousands of
individuals across the country gain access to assistive technology
devises and services.
The use of assistive technology can help a child attend school, an
adult seek and maintain employment, and individuals of all ages with
disabilities participate more fully in society. Every day, the lives of
countless individuals with disabilities are made better through access
to assistive technology. Assistive technology helps individuals meet
the challenges they face every day, and through the use of assistive
technology individuals with disabilities can overcome almost any
obstacle they face.
With initial passage of the Assistive Technology Act, and past
reauthorizations, the job of the state AT projects was one of
information and outreach, making people aware of technology options.
This reauthorization focuses on how we can enhance these services.
However, this legislation by encouraging AT projects across the country
to build on other success stories across we can help more people with
disabilities to learn, work, and be active participants in their
community. One key way H.R. 4278 accomplishes this is through an
increased focus on helping individuals actually acquire the assistive
technologies that greatly improve their quality of life.
I am particularly proud of the AT work done in Delaware. The Delaware
Assistive Technology Initiative connects Delawareans with the
technologies that provide many with the opportunity to learn, work,
play, and participate in community life safely and independently.
Delawareans with disabilities count on the Initiative for access to
technology for product demonstration and trial use, for information and
consultation about equipment and funding resources, and for the
coordination of resources among agencies and organizations. The
Initiative runs a used equipment exchange service, publishes an
informative newsletter, and helps people connect with the appropriate
technology, financial assistance, and skills training. The Initiative
has no eligibility limitations, other than Delaware residency. It
serves infants through older persons, and addresses the needs of people
with any type of disabling condition. There is no other source in
Delaware that could replace these services and supports. The staff, and
their counterparts in other states, are intimately familiar with the
barriers that people with disabilities still encounter relative to
employment, education, and community living. Assistive technology and
universal design are often keys to access, opportunity, and achievement
in all of these arenas, and the Improving Access to Assistive
Technology for Individuals with Disabilities Act of 2004 will help to
ensure that access leads to opportunity, and that opportunity results
in enhanced employment, academic achievement, and community life.
I urge my colleagues to support this reauthorization.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Delaware (Mr. Castle) that the House suspend the rules
and pass the bill, H.R. 4278, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________