[Congressional Record Volume 150, Number 121 (Thursday, September 30, 2004)]
[Senate]
[Pages S10186-S10192]
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. INHOFE. Mr. President, I ask unanimous consent that the HELP 
Committee be discharged from further consideration of H.R. 4278, the 
assistive technology bill, and the Senate proceed to its immediate 
consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The legislative clerk read as follows:

       A 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. GREGG. Mr. President, today, I join my colleague, the Senator 
from Iowa, Mr. Harkins, and other Members, in seeking final passage of 
the Assistive Technology Act of 2004.
  Senator Harkin and I were determined to make the reauthorization of 
this piece of legislation a bipartisan process from the beginning. We 
have worked closely with the House of Representatives, Departments of 
Education, Labor, and Commerce, and the Small Business Administration 
as well as the, business, and research and development communities, the 
Assistive Technology Act Projects, the Alternative Financing Programs, 
and the disability community. Together we have successfully crafted a 
bipartisan and bicameral bill that we are all proud of. This bill 
follows the administration's lead, and the goals that President Bush 
set forth in the New Freedom Initiative. We are confident that the bill 
will be overwhelmingly supported by the President and increase access 
to assistive technologies for thousands of individuals with 
disabilities. I am also submitting several letters of support for the 
bill, from various groups, for the Record.
  On February 1, 2001, President Bush announced the New Freedom 
Initiative--a comprehensive program to promote the full participation 
of people with disabilities in all areas of society by expanding 
education and employment opportunities, promoting increased access into 
daily community life, and increasing access to assistive and 
universally designed technologies. By the Senate finally naming 
conferees for the Individuals with Disabilities Education Act earlier 
this month, and by seeking passage of the Assistive Technology Act of 
2004 today, we are helping the President fulfill America's promise of 
``tearing down the barriers to equality that face many of the 54 
million Americans with disabilities.''
  One quarter of the President's New Freedom Initiative focuses on 
technology, and the technology objective is comprised of two key 
components.
  The first is to expand Federal investment in assistive technology 
research and development by increasing the budgets of the 
Rehabilitative Engineering Research Centers' for assistive 
technologies, creating a new fund to help bring assistive technologies 
to market, and better coordinate the Federal effort in prioritizing 
immediate assistive and universally designed technology needs in the 
disability community.
  The second is to enhance access to assistive technology by reducing 
costs associated with purchasing assistive technology and funding for 
low-interest loan programs to purchase assistive technologies.
  The Assistive Technology Act of 2004 before us today is designed to 
strengthen and build upon these two components. Our efforts focus on 
enhancing access to technology, reducing the costs associated with 
purchasing such devices, and increasing technical assistance to 
entities that serve students with disabilities that receive transition 
services, adults with disabilities maintaining or transitioning to 
community living and to employers. Specifically, we accomplish these 
goals by: reducing bureaucracy; fostering private/public sector 
relationships; and coordinating Federal initiatives.

  Current law focuses on system change activities, and providing 
information and referral services to people with disabilities and their 
families. Systems change efforts and information and referral services 
are important, as people are being born with or acquiring disabilities 
daily. However, according to several Federal agencies, an individual 
with a disability may be considered eligible for, and could benefit 
from, more than 20 Federal programs that directly or indirectly provide 
assistive technology. Additionally, there are over 25 Federal laws on 
the financing of assistive technology, all of which impacts local 
access to such technology.
  Considering the number of Federal and State laws that a person has to 
navigate in order to access services, how long will it take for systems 
change efforts to remove barriers for accessing assistive technologies 
for a person with a disability living in Lincoln, NH? Systems change 
efforts, while worthwhile, do not immediately impact and help a person 
with a disability obtain assistive technology that he or she may need 
today. Therefore, this bill modifies the current list of authorized 
activities by expanding the authority of the State Assistive Technology 
Act projects to increase the ability of persons with disabilities to 
experience or obtain assistive technology. Our bill provides the State 
projects with a tangible set of activities, yet at the same time 
provides State flexibility to address emerging State needs.
  Under this bill, States will provide citizens with access to device 
loan, reutilization, and financing programs, and equipment 
demonstration centers by developing such programs, or collaborating 
with other entities in the State currently operating such programs. In 
public forums that were held with the disability community, we 
consistently heard about the abandonment of equipment by persons with 
disabilities simply because the purchaser did not have an opportunity 
to try it out or see it demonstrated prior to purchasing the devise. 
The purpose of device loan and reutilization programs, and equipment 
demonstration centers is to provide individuals with disabilities the 
opportunity to receive proper assessments and evaluations for assistive 
technology, test and obtain information about various devices, and 
borrow devices and equipment before it is purchased. The financing 
programs provide access to low interest loans allowing an individual to 
purchase the device for him or herself or a family member, without 
having to wait for, rely on, or navigate through the red tape created 
by our bureaucratic Government systems. Each of these new requirements 
will help make the most of limited public resources in an environment 
that emphasizes consumer choice in and control of assistive technology 
services and funding.
  Another major theme of this reauthorization is the reduction of costs 
associated with assistive technologies and to enhance research and 
development opportunities in this area. In December of 2003, we began 
meeting with individuals within the disability community, the State 
Assistive Technology Act projects, large and small

[[Page S10187]]

technology companies, trade associations, and research, development and 
marketing entities to learn about costs associated with developing 
assistive technology, and what could be done within this 
reauthorization to assist with this issue. We learned that many 
companies, most of which are small businesses, that produce assistive 
technologies develop products that benefit people that have a specific 
disability, or a low incidence disability, such as a visual impairment, 
a hearing loss, or a significant cognitive impairment. Because of the 
limited number of people that can benefit from these valuable and life-
altering devices, the cost of the product remains high. Furthermore, 
the costs associated with creating a device are high. On the other 
side, prices for such devices are so expensive that people that need 
them cannot afford to buy them, and often go without, therefore 
creating a vicious cycle.

  We also learned that numerous companies have product ideas that are 
``on the drawing board,'' but the company does not have the funds 
necessary to develop products and send them to market in a timely 
fashion. Additionally, we learned that industry has not created their 
own standards to which assistive technology should be designed. As an 
example, companies create products that have their own operating 
systems and/or ports. This is a benefit for the proprietor, as no one 
else knows exactly what is in the operating system code, no one else 
can modify it, and people have to purchase the proprietors cord or 
other item to go with the device. The downside is that an individual 
with multiple pieces of technology cannot be assured that the various 
products he or she has can or will work together. Using a Braille 
Notetaker, for example, the notetaker does not use standard software, 
and therefore cannot be connected to a computer using an ordinary, 
over-the-counter cable. Instead, the user must buy the cord separately 
or purchase additional software, often leaving people unable to work 
using versions of software that their colleagues use; all of which 
increases the number of dollars the consumer must spend in order to 
function in today's society.
  To address these concerns, the bill strengthens relationships between 
federally funded programs, the disability community, private-sector 
employers, and assistive technology vendors and researchers. It 
encourages market-based solutions and approaches to developing 
standards and increasing the number of products and the speed in which 
products go to market. This will, in-turn, make assistive technologies 
more affordable. The bill authorizes the Office of Special Education 
and Rehabilitation Services at the Department of Education to make 
grants available to for-profit and nonprofit entities resulting in two 
specific results. The first grant promotes the development of new or 
improved commercially available assistive technologies that are quick 
to reach the consumer market and easier for individuals with 
disabilities to learn to use, customize, fix or update. The second is 
to encourage the development of innovative and efficient technical 
practices and strategies for assistive technology products so that they 
will more reliably interact with the latest and future mainstream 
information technology, telecommunications products, and other 
assistive technology such as computer software and hardware.
  The final major theme of this reauthorization is providing technical 
assistance to entities that serve students with disabilities that 
receive transition services, adults with disabilities maintaining or 
transitioning to community living, and to employers. We do not want, 
nor expect States to duplicate programs by creating additional 
financial loan, equipment loan, reutilization programs and 
demonstration centers for these populations. That would be a foolish 
use of federal dollars and would be in violation of a duplication 
clause in the bill. Our intent is for the State assistive technology 
projects to inform these specific groups about the beneficial aspects 
of assistive technology.

  The bill accomplishes this task by strengthening relationships 
between federally funded programs, such as the Assistive Technology Act 
projects, and private-sector employers by directing the Office of 
Special Education and Rehabilitation Services at the Department of 
Education to make a grant available to for-profit and nonprofit 
entities to enhance public/private partnerships. This grant opportunity 
supports the development of public service announcements, which can be 
modified for regional use, to reach out to small businesses, the aging 
population, and people with disabilities about the benefits of 
assistive technology.
  On July 23 of this year, the U.S. Access Board issued its first 
comprehensive revision of the Americans with Disabilities Act 
Accessibility Guidelines, ADAAG, since publishing the original ADAAG in 
1991. Among other things, the new ADAAG contains changes to the 
requirements for employee work areas that will affect many employers 
once these requirements are issued as regulations by the Department of 
Justice. Many employers are not aware of the extent to which the 
Americans with Disabilities Act may require them to make their 
workplaces accessible. The newly issued ADA Accessibility Guidelines 
have toughened these requirements, making it more important than ever 
for employers to know what their obligations are, and to plan 
accordingly. This bill aggressively engages businesses, especially 
small businesses, by providing them with greater access to technical 
assistance and technology so that they can accommodate employees with 
disabilities and adhere to ADAAG. Additionally, we place an emphasis on 
the State projects to provide technical assistance that meets the needs 
of aging workers that are acquiring disabilities and who may need 
assistive technology to maintain their current level of productivity.
  In developing this bill, we have learned from the progressive 
thinking of the President and the resourcefulness of our Federal 
agencies and have taken measures to complement their actions. During 
the Bush administration, funding for special education has increased by 
more than $3.7 billion for the Part B State Grants program. In fiscal 
year 2004, nearly $10.1 billion is available for this program, which 
represents an increase of 59 percent since 2001. Additionally, the 
Senate version of the Individuals with Disabilities Education Act 
promotes the involvement of the State vocational rehabilitation system 
with students with disabilities while still in secondary school. Title 
IV of the Workforce Investment Act, the ``Rehabilitation Act,'' which 
passed the Senate in November of last year contains similar conforming 
language.
  In 1999, the Supreme Court handed down the Olmstead decision, which 
affirmed the right of individuals with disabilities to live in the 
community, rather than in institutions. However, it was not until 
President Bush was sworn into office that that decision was implemented 
on the Federal level. President Bush realized that making the promise 
of full integration a reality for people with disabilities does not 
only mean changing existing practices that favor institutionalization 
over community-based treatment. It also means providing the affordable 
housing, transportation, and access to assistive technology and State 
and local government programs and activities that make community life 
possible. On July 18, 2001, President Bush issued Executive Order 
13217, requiring coordination among numerous Federal agencies that 
administer programs affecting access to the community for people with 
disabilities of all ages.

  The Executive Order has prompted various branches of the Federal 
Government to make disability issues a priority. In the fiscal year 
2001 Department of Labor appropriation, Congress approved an Office of 
Disability Employment Policy, ODEP, to be headed by an Assistant 
Secretary. ODEP's mission is to provide leadership to increase 
employment opportunities for adults and youth with disabilities. The 
Secretary of Health and Human Services created the Office of Disability 
in October 2002. The Director of the Office reports to the Secretary 
and serves as an advisor on HHS activities relating to disabilities. 
The Office on Disability oversees the implementation and coordination 
of disability programs, policies and special initiatives for 54 million 
persons with disabilities. In July of 2003, the Department of Commerce 
unveiled an initiative to support the development of assistive 
technologies and to promote the U.S. assistive technology industry.

[[Page S10188]]

  Moreover, in December of 2003, leaders from the Department of Labor, 
DOL, and the Small Business Administration, SBA, signed a Strategic 
Alliance Memo. This document formalized an agreement between the two 
entities to implement a coordinated, interagency initiative to improve 
opportunities for people with disabilities to be employed by small 
businesses, for people acquiring disabilities due to the aging process 
and wanting to maintain employment, or for people with disabilities to 
become small business owners. Finally, a little over 6 weeks ago, the 
Rehabilitation Services Administration at the Department of Education 
hosted a National Employment Conference. The conference focused on 
State vocational rehabilitation staff creating and maintaining employer 
development, business relations, large-scale job placement, and 
developing of vocational rehabilitation's national network that 
provides qualified job candidates and employment services to business.
  Individuals with disabilities were not a priority in a Presidential 
administration's domestic policy goals and objects since 1993. This 
changed when President Bush became President of the United States in 
2001, and he signed the Olmstead Executive Order and announced the New 
Freedom Initiative. The current administration recognizes and believes 
in the full participation of people with disabilities in all areas of 
society. This belief has been put into action in numerous ways that I 
have previously explained. Through this bill, Congress is continuing 
and enhancing the administration's efforts by increasing access to 
assistive and universally designed technologies, expanding educational 
and employment opportunities, promoting increased access into daily 
community life, and helping members of this misunderstood and 
underutilized group of citizens achieve and succeed.
  Although this reauthorization focuses on three major objectives, the 
bill takes an important step forward by establishing a grant to the 
American Indian Consortium for a Protection and Advocacy for Assistive 
Technology program, PAAT. The Native American Protection & Advocacy 
Project was established in 1994 to carry out protection and advocacy 
system programs. The Consortium encompasses 25,351 square miles in 
Arizona, New Mexico, and Utah and it provides legal representation to 
Native Americans with disabilities and serves the Navajo Nation, the 
Hopi Nation and five smaller tribes. We were pleased to make some 
modifications to the PAAT program as it is a major force in ensuring 
that children and adults with disabilities can get access to critically 
needed assistive technology in a variety of settings--school, home, and 
at work.

  Additionally, we stabilized funding for the State programs by 
supporting State efforts to improve the provision of assistive 
technology for individuals with disabilities. To ensure that the 
Federal commitment to independent living and the full participation of 
individuals with disabilities in society guaranteed through the 
President's New Freedom Initiative is upheld, the bill removes the 
sunset provision in the 1998 Act, therefore creating a typical 
reauthorization cycle. The bill also sets a minimum State allotment of 
$410,000 per year in order to offset the costs for the additional 
requirements placed on States to maintain the comprehensive Statewide 
programs of technology-related assistance for individuals with 
disabilities of all ages. However, Congress expects States to take 
ownership of and expand upon the comprehensive Statewide programs of 
technology-related assistance.
  I thank Senator Harkin, and his staff, particularly Mary Giliberti, 
for their hard work and dedication in putting together a bipartisan 
bill that will assist thousands of individuals with disabilities access 
services and devices that they so desperately need. Next, I would also 
like to thank my staff, Denzel McGuire and Aaron Bishop, for their hard 
work in helping put together a bipartisan and bicameral bill. I also 
thank Senators Roberts, DeWine, Warner, Ensign, Enzi, Kennedy, Reed, 
McCain, and Specter, and their staff members, Jennifer Swenson, Mary 
Beth Luna, John Robinson, Lindsay Lovlien, Scott Fleming, Michelle 
Dirst, Connie Garner, Kent Mitchell, Elyse Wasch, Seth Gerson, Ken 
Lasala, Mark Laisch, and Jennifer Castagna for their tireless effort 
through this bipartisan process. Next, I would like to thank 
Congressmen Boehner, and Kildee, and their respective staff, David 
Cleary and Alex Nock for their willingness ability to negotiate a 
bipartisan and bicameral bill that will affect the lives of thousands 
of individuals with disabilities.
  Additionally, I thank the various entities that provided Senate staff 
with invaluable technical assistance. This includes: Liz King, 
assistant council for the Senate's Office of Legislative Counsel for 
working with our staff and drafting this legislation, and the research 
of Sidath Panangala, policy analyst for Congressional Record Service. I 
also thank members of various Federal Departments that were 
instrumental in providing us technical assistance while putting this 
bill together. From the Department of Education: Dr. Troy Justesen, the 
Assistant Secretary of the Office of Special Education and 
Rehabilitative Services, OSERS, at the Department of Education, and 
Carol Cichoswski, and Wava Gregory staff of the Budget Office, and Eric 
Shulz in Office of Legislation and Congressional Affairs. From the 
Department of Commerce: Phillip J. Bond, Under Secretary of Commerce 
for Technology, Ben Wu, Deputy Under Secretary of Commerce for 
Technology, and Angela Ewell-Madison, Director of the Office of 
Congressional Affairs. From the Department of Labor: W. Roy Grizzard, 
Jr., Ed.D., Assistant Secretary of the Office for Disability Employment 
Policy at the Department of Labor, his chief of staff, J. Kim Cook, 
Brian Parsons, supervisory policy advisor, and Blake Hanlon, Office of 
Congressional and Intergovernmental Affairs. Finally, I thank the fine 
team at the Small Business Administration: Porter Montgomery, associate 
administrator for policy and planning, Geoff Green, senior analyst, and 
Michael Berkholtz, assistant administrator for congressional affairs.
  Finally, I thank the State Assistive Technology Act projects, and 
especially the New Hampshire Technology Partnership Project, for 
providing us with information as we developed this bill. Additionally, 
I thank the research and development industry, businesses and 
employers, service providers, and the various and multiple members of 
the disability community that worked tirelessly, helping us develop an 
excellent piece of legislation.
  Mr. President, I look forward to the final passage of this bill.
  I ask unanimous consent letters of support for the bill be printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                               September 30, 2004.
     Hon. Judd Gregg,
     Chairman, Senate Committee on Health, Education, Labor and 
         Pensions, Dirksen Senate Office Building, Washington, DC.
       Dear Chairman Gregg: On behalf of Microsoft Corporation, I 
     am writing in strong support of legislation at the desk, H.R. 
     4278, which would reauthorize the Assistive Technology (AT) 
     Act of 1998. The bill would provide critical federal funding 
     for state grant programs that increase access to assistive 
     and accessible technology and related services. The AT Act 
     expires today and without enactment of the reauthorization 
     bill, access to assistive technology for Americans with 
     disabilities could be severely compromised.
       Attached is an op-ed piece that appeared in The Hill on 
     July 6, 2004 that discusses the importance of the 
     reauthorization legislation. We urge Congress to act today.
           Sincerely,

                                                   Laura Ruby,

                                    Regulatory & Industry Affairs,
                           Microsoft--Accessible Technology Group.
       Attachment.

            Give America's Disabled the Technology They Need

                            (By Laura Ruby)

       Will America keep its promise to provide equal access to 
     information, education and employment to millions of people 
     with disabilities? If so, then Congress must act quickly to 
     reauthorize the Assistive Technology (AT) Act, which provides 
     federal funding for state grant programs that increase access 
     to assistive and accessible technology and related services.
       Ensuring accessibility for people with disabilities is not 
     just a matter of curb cuts, ramps and elevators to eliminate 
     architectural barriers to public buildings and places of 
     employment. Today, it is just as important to provide 
     technology that enables people with disabilities to use 
     personal computers and the Internet, such as devices that 
     read computer text aloud to people who are blind or enable 
     people who can't move their

[[Page S10189]]

     arms to type and issue computer commands using only their 
     breath or eye movements.
       Assistive and accessible technology (AT) can help people of 
     all abilities realize their full potential, but for people 
     with disabilities there is no middle ground. According to the 
     National Council on Disability, ``For Americans without 
     disabilities, technology makes things easier. For Americans 
     with disabilities, technology makes things possible.'' The 
     goal of the AT Act is to ensure that people have access to 
     the technology they need.
       On June 23, the Senate, led by Sens. Judd Gregg (R-N.H.) 
     and Tom Harkin (D-Iowa), introduced its bill S. 2595 to 
     reauthorize the AT Act. Earlier this year, Reps. Howard 
     McKeon (R-Calif.), John Boehner (R-Ohio) and Dale Kildee (D-
     Mich.) shepherded the House bill for AT Act reauthorization 
     (H.R. 4278) through floor passage. The Senate and House must 
     now work together to ensure reauthorization of the act before 
     the end of the current session.
       Both bills would strengthen state AT programs. These 
     programs and services are critical, because they ensure 
     technology will be available where people need it--in 
     schools, on the job and in their communities. The AT Act also 
     funds research and development projects, information-system 
     improvements, loan and reutilization programs, and 
     demonstrations that teach people what kind of AT devices are 
     available and how to use them.
       Critics may argue that after 15 years of federal investment 
     in this program, people who need assistive technology 
     products and services--along with service providers, school 
     personnel, and employers should already be aware of them. The 
     population that needs AT is not static, however, and it is 
     growing.
       A 2003 research study commissioned by Microsoft and 
     conducted by Forrester Data found that 57 percent of working-
     age computer users could benefit from accessible technology. 
     As the U.S. work force continues to age, the need for AT as a 
     mainstream business resource will increase even more. By 
     2010, more than half the U.S. population will be 45 or older, 
     age-related impairments will affect more people, and 
     employers will need resources to help workers maintain peak 
     performance.
       As the need for AT increases, it will be vital to establish 
     a seamless network of resources and training that can meet 
     people's evolving needs at every stage of life and ensure 
     that all Americans have the help they need with education, 
     employment and independent living. The AT Act helps to do 
     just that by aligning its priorities and provisions with 
     those set forth in other federal legislation, including the 
     Individuals with Disabilities Education Act, the Workforce 
     Investment Act and the Americans with Disabilities 
     integration mandate in Olmstead.
       The AT Act will expire on Sept. 30. Without enactment of a 
     reauthorization bill, access to assistive technology for 
     Americans with disabilities could be severely compromised.
       Congress now has a chance to remedy this situation, so that 
     Americans with disabilities will know that the services they 
     need will continue to support them in their efforts to work, 
     learn and participate in their communities.
       The Senate and House should quickly negotiate a compromise 
     bill and send it to the president for signature. As we 
     approach the 14th anniversary of the Americans with 
     Disabilities Act--signed into law by the first President 
     Bush--Americans need to know our representatives in Congress 
     will not turn their backs on citizens with disabilities. By 
     putting this issue above politics, and re-authorizing the AT 
     Act this year, Congress can deliver on America's promise.
                                  ____

                                                       Society for


                                    Human Resource Management,

                               Alexandria, VA, September 30, 2004.
     Hon. Judd Gregg,
     U.S. Senate, Chairman, Senate Health, Education, Labor, and 
         Pensions Committee, Russell Senate Office Building, 
         Washington, DC.
       Dear Chairman Gregg: On behalf of the more than 190,000 
     human resource professionals of the Society for Human 
     Resource Management (SHRM), I am writing to express our 
     support and enthusiastic endorsement of H.R. 4278, the 
     Improving Access to Assistive Technology (AT) for Individuals 
     with Disabilities Act of 2004. SHRM implores the U.S. Senate 
     to swiftly pass this legislation which will re-authorize this 
     vitally important program.
       The human resource professional is the architect of fair 
     policies and practices ensuring a fair and equitable 
     employment process and workplace. Human resource 
     professionals also play a critical role in responding to 
     requests for workplace accommodations for employees with 
     disabilities. If enacted, H.R. 4278 will help human resource 
     professionals and their organizations seek sound solutions in 
     accommodating prospective and current employees with 
     assistive technology devices. Programs such as these support 
     the creation and promotion of workplace diversity and 
     represent a win-win situation for employers and employees 
     alike. SHRM values diversity as an investment in business 
     excellence. We believe that the workplace environment 
     promotes the inclusion of individual similarities and 
     differences that enhance efficiency and success.
       Employment rates of persons with disabilities have always 
     been lower than those of individuals without disabilities. 
     H.R. 4278 authorizes federal funds to provide states, and 
     their respective AT programs, with federal block grants that 
     support activities that provide assistive technology devices 
     to employees with disabilities. SHRM believes that 
     reauthorization of the AT programs represents an important 
     continued commitment to ensure that people with disabilities 
     have access to technology that assists them in seeking and 
     gaining full employment, participation, and accommodation in 
     the workplace.
       In addition, H.R. 4278 makes several program improvements 
     that build upon current state activities. For example, the 
     legislation would create a competitive grant for development 
     of a national public awareness toolkit. The goal of the 
     national toolkit is to provide a resource for each state 
     project to expand public awareness of the AT program to 
     targeted individuals and entities such as local media 
     representatives, employer groups, and employee organizations. 
     SHRM believes this provision of H.R. 4278 is of vital 
     importance because it will serve as a tool to reach across 
     broader communities to provide information and resources on 
     how to access the state programs and their various benefits.
       H.R. 4278 also establishes grants for research, development 
     and evaluation, as well as alternative financing systems. The 
     first program provides federal and state governments the 
     opportunity to gain access to cutting edge research that 
     analyzes the effectiveness of assistive technology devices 
     and the state projects that administer related AT programs. 
     The development of alternative financing systems would give 
     states flexibility in offering competitive device loan 
     programs, such as: revolving loan funds; loan guarantees or 
     insurance programs; purchase, lease, or acquisition programs; 
     and low interest loan funds. This allows the state AT 
     projects to offer different avenues to gain access to AT 
     devices, which affords the disability community choices in 
     determining which AT device is most effective for their 
     needs. These programs are crucial tools for human resource 
     professionals in meeting the needs of employees with 
     disabilities in the workforce.
       HR professionals will continue to play a critical role in 
     the development and execution of workplace policies and 
     procedures in our nation's workplaces. It is vitally 
     important that the federal government enact legislative 
     proposals such as H.R. 4278 that contribute to and promote 
     the successful employment of people with disabilities. Once 
     again, I would like to underscore our strong support for H.R. 
     4278 and urge quick action by this body on this important 
     measure.
           Sincerely,
                                                  Kathron Compton,
     Chief External Affairs Officer.
                                  ____



                                 The Arc of the United States,

                               Washington, DC, September 30, 2004.
     Hon. Judd Gregg,
     Chairman, Senate HELP Committee,
     U.S. Senate, Washington, DC.
     Hon. Edward Kennedy,
     Ranking Member, Senate HELP Committee,
     U.S. Senate, Washington, DC.
       Dear Chairman Gregg and Senator Kennedy: The Arc of the 
     United States, the nation's largest national organization 
     representing children and adults with cognitive and other 
     developmental disabilities, would like to thank you for your 
     remarkable bi-partisan work on HR 4278, the reauthorization 
     of the Assistive Technology Act. The bill before you today 
     makes important strides forward for the AT Act and, 
     ultimately, for the people with cognitive and other 
     disabilities who will be able to go to work, to school and 
     out into their communities. Their increased access to 
     assistive technologies will make it possible for them to 
     participate more fully in every aspect of daily life.
       The Arc appreciates the hard work that has gone into every 
     phase of the process of developing and negotiating this vital 
     legislation. We are especially pleased that the bill clearly 
     delineates the authorization of appropriations so that state 
     grants will have defined and equitable minimum allotment 
     levels. We also appreciate the fact that the bill provides 
     flexibility to states to design locally responsive programs 
     while still assuring a focus on activities that will get 
     assistive technology into the hands of the people that need 
     it. We are pleased, as well, that the bill establishes a 
     grant to the American Indian Consortium for a Protection and 
     Advocacy for Assistive Technology (PAAT) program and has 
     enhanced provisions for Research and Development efforts.
       We urge you to pass HR 4278 now, and we look forward to 
     working with you as you continue to work to ensure that the 
     future holds nothing but enhancements of the programs and 
     services authorized by this legislation.
       Thank you for your support of people with disabilities and 
     their families who will now see increased benefits from the 
     vast technological advances the 21st century will bring. 
     Thank you again for your bipartisan work and your leadership.
           Sincerely,
                                                   Steve Eidelman,
     Executive Director.
                                  ____

                                                     Easter Seals,


                                     Office of Public Affairs,

                               Washington, DC, September 30, 2004.
     Hon. Judd Gregg,
     Chairman, Committee on Health, Education, Labor and Pensions, 
         U.S. Senate, Washington, DC.
       Dear Senator Gregg: On behalf of Easter Seals, I am writing 
     to express our support

[[Page S10190]]

     for passage of the Assistive Technology Act of 2004. We are 
     pleased that we have reached this bipartisan solution to 
     supporting the assistive technology needs of individuals with 
     disabilities.
       In order for this bill to reach its main objective, truly 
     increasing access to assistive technology for people with 
     disabilities, we will be working to make sure that adequate 
     funding is provided to support all aspects of the bill, the 
     state projects, existing strong alternative financing 
     programs, protection and advocacy services, projects of 
     national significance on research and development. We look 
     forward to working with you to achieve this goal.
       Thank you for your efforts to support assistive technology.
           Sincerely,
                                                  Jennifer Dexter,
                           Senior Government Relations Specialist.

  Mr. KENNEDY. Mr. President, I am proud to join my colleagues in 
support of final passage of this important bill. The Assistive 
Technology Act of 2004 will continue and expand the Nation's effort to 
improve access to assistive technology for all who need it.
  Technology is one of the great equalizing forces in our society. A 
computer can provide a child with insight and access to a world of 
information they would otherwise never have, and make the ideal of the 
American dream a reality for many more.
  For people with disabilities of all ages, technology is especially 
important. It can mean the difference between being immobile in the 
home and becoming a mobile and contributing member of their community. 
It can mean the difference between being paralyzed by an inability to 
communicate and communicating at a level previously thought impossible. 
Technology breaks down barriers to education, employment, health care, 
community living, civic participation and countless other activities of 
daily life that we so often take for granted. It allows people with 
disabilities to reach their full potential.
  Since 1988, the Assistive Technology Act has funded projects in every 
State and territory to raise awareness about the enormous potential of 
such technology, give individuals an opportunity to test products, and 
offer low-cost options for purchasing them. Each project has a 
different focus, but all are providing these core services, and 
providing them well.
  In Massachusetts, the Assistive Technology Project trains individuals 
with disabilities to be self-advocates. They monitor implementation of 
State and Federal laws, and operate an Equipment Exchange Trading Post 
for individuals to exchange or sell assistive technology products. They 
deserve great credit, and so do the other projects across the Nation.
  The Assistive Technology Act of 2004 makes a commitment to continue 
these projects, in recognition of all the effective work they have done 
so far. It also asks them to refocus their efforts on the core 
objective of getting technology into the hands of people with 
disabilities. It asks them to perform device demonstrations, equipment 
loans, and device refurbishment, and to provide financing systems such 
as low-cost loan programs.
  In addition to these important activities, it asks State projects to 
continue their work of educating people with disabilities, agencies 
that serve them, and employers, about the doors of opportunity that 
technology can open. It asks them to train personnel who work with 
people with disabilities to assess whether technology is needed and 
then how to obtain it. It asks them to integrate technology into 
education, employment and other service plans, and it improves 
coordination between agencies that serve people with disabilities.
  In particular, it asks State projects to focus on a population that 
needs technology, but often does not get it--students under the 
Individuals with Disabilities Education Act in transition from school 
to work or continuing education. For these students, assistive 
technology is vitally important. It can mean the difference between 
living independent and productive lives when they leave school, and 
being left out of their community and unable to contribute. The 
legislation asks State projects to better facilitate access to 
technology for this population. It's a big task, but one I know the 
projects are able to handle, and it will make a world of difference for 
thousands of students who make the transition every year from the 
schoolhouse to home, college, or the workplace.
  In addition to focusing the projects on new activities, we take steps 
to provide resources to make it happen. The act sets a minimum 
allotment of $410,000 for each State project. This higher minimum will 
give many smaller States the resources they need to expand and create 
quality programs. For larger States, any resources above this level 
will be largely dedicated to helping them meet the increased need they 
face. We in Congress must do everything we can to see that this 
legislation receives the funding we know is necessary to implement 
quality and effective programs State-wide.
  This legislation also shifts the authority for administering, 
monitoring and reporting on the program to the Republican Services 
Administration. The projects focus on people with disabilities of all 
ages and on their school, work and basic health and living needs. The 
RSA is well-equipped to provide the kind of leadership that will allow 
us to effectively assess their accomplishments, and is required to 
partner with the Office of Special Education Programs, the National 
Institute on Disability Research and Rehabilitation and other Federal 
agencies. I am confident the projects will receive the attention and 
focus they deserve.
  In this legislation, we also continue and expand the work of the 
protection and advocacy systems that have done so much over the years 
to make good on the promise of assistive technology.
  I commend Senators Judd Gregg and Tom Harkin and Representatives John 
Boehner, George Miller and Buck McKeon for their excellent bipartisan 
work on this legislation. I also commend Senator Jack Reed, Senator 
John Warner, Senator Pat Roberts and all of my colleagues on the 
Health, Education, Labor and Pensions Committee for their excellent 
work. Senator Reed deserves special credit for his focus on improving 
training of local personnel and expanding research and development on 
new technologies.
  Several staff members deserve particular thanks--Aaron Bishop with 
Senator Gregg, Mary Giliberti with Senator Harkin, Elyse Wasch and 
Erica Swanson with Senator Reed, David Cleary with Representative 
Boehner and Alex Nock with Representative Miller. Without their hard 
work and the hard work of the disability advocates and project 
directors and staffs in the states, this legislation would not have 
been possible.
  Mr. HARKIN. Mr. President, today the Senate will pass legislation 
that is critically important to individuals with disabilities and 
elderly Americans: the Assistive Technology Act of 2004.
  I am delighted that we are completing this bill, which will also 
shortly be passed in the House. I want to thank Senators Gregg, 
Kennedy, Roberts, Reed, and DeWine, and Representatives Boehner and 
Miller, among others, for their excellent bipartisan work to get this 
accomplished.
  Assistive technology is absolutely critical to the lives of people 
with disabilities. According to an NOD/Harris poll earlier this year, 
35 percent of individuals with disabilities say that they would not be 
able to live independently or take care of themselves at home without 
assistive technology.
  Assistive technology also opens up opportunities in education, 
employment and civic participation that would not otherwise be 
available to many individuals with disabilities.
  As the National Council on Disability puts it: ``For Americans 
without disabilities, technology makes things easier. For Americans 
with disabilities, technology makes things possible.''
  The bill that we are reauthorizing today builds on the successes of 
the Assistive Technology Act dating back to 1988. The State Assistive 
Technology programs have been highly effective in providing 
information, training, and technical assistance to a wide array of 
individuals, including people with disabilities, their families, 
educators, health care professionals and others.
  Let me give you an example from my own State of Iowa. Ben Moore, 
owner of Moore Construction in Iowa City, learned about universal 
design--the practice of building homes so that people with and without 
disabilities can get around in them--because of the work of the Iowa 
Program for Assistive Technology. He went on to build a universally 
designed home for two Iowans with disabilities. Now he is encouraging 
other contractors to use universal design to build beautiful homes

[[Page S10191]]

that Iowans can remain in as they grow old. Given Iowa's aging 
population, this is very important work.
  Joy Crimmins from Dubuque, IA, has benefited from the advocacy 
services funded through the act. She has a newly accessible bedroom and 
bathroom in her home because the assistive technology program provided 
legal advocacy to her family to get their home modified.
  This wonderful work is not happening just in Iowa. The most recent 
data available, for Fiscal Year 2002, indicates that these programs are 
making a substantial difference nationally. In 2002, 92,000 equipment 
demonstrations were provided; 38,000 AT devices were loaned to 
individuals with disabilities; and more than 6,000 devices were 
exchanged or recycled. Also, more than 6 million dollars was loaned to 
individuals with disabilities so they could purchase assistive 
technology, ranging from a hearing device to an accessible van. The AT 
programs also provided timely information to Americans, answering 
151,000 requests for assistance, and training more than 172,000 people.
  Despite all of these successes, we recognize that there is much more 
to be done. The NOD/Harris poll indicates that 17 percent of 
individuals with disabilities still do not have the assistive 
technology device or equipment that they need. And the biggest barrier 
is cost. In this reauthorization, we emphasize programs that will 
improve access to assistive technology devices by providing loans, 
leases or other financing programs as well as recycled equipment.
  While there are many important initiatives in this bill, I will 
highlight a few of the most significant.
  First, the bill for the first time authorizes a $410,000 State 
minimum for each of the State projects to ensure that each state has 
the funds necessary to carry out the requirements of the act.
  The bill also provides that the majority of the Federal funds will be 
spent on activities designed to provide direct access to assistive 
technology, including equipment loan, device reutilization, device 
demonstration, and financing systems.
  States will continue their successful public awareness and 
coordination activities. States will also continue to provide technical 
assistance, with a new focus on individuals with disabilities who are 
going through transition periods and need assistive technology to be 
successful. This is particularly important for students with 
disabilities who are receiving IDEA services and transitioning to 
higher education, employment and independent living. It is also 
critical to adults with disabilities and older Americans who need help 
maintaining independent living or transitioning from a nursing home or 
institution to the community.
  The Senate recently passed the Individuals with Disabilities Act, and 
we continue to be concerned about implementation of the ADA and the 
Olmstead decision. This effort aligns the Assistive Technology Act with 
these other initiatives.
  Because individuals with disabilities still are afforded 
significantly fewer employment opportunities than individuals without 
disabilities, the bill places an emphasis on educating employers and 
employees. One of the projects of national significance authorized in 
the bill includes development of public service announcements and other 
means of reaching out to employers, giving them information regarding 
assistive technology.
  The other project of national significance promotes research and 
development so we can have come up with assistive technologies that can 
open up more doors for individuals with disabilities.
  This reauthorization recognizes the ongoing contribution of 
protection and advocacy services in making assistive technology 
available to individuals with disabilities. And it adds the Native 
American Protection and Advocacy System to those receiving funds under 
the act. Iowa's successful advocacy program will also be continued 
under this bill.
  These are just a few of the many significant issues addressed in this 
bill. It is a very comprehensive effort, made possible by the hard work 
of the many stakeholders that participated.
  I want to thank my colleague, Senator Gregg, and his staff, 
particularly Aaron Bishop and Denzel McGuire, for their excellent work 
on this bipartisan initiative. I also want to recognize the work of 
Senators Kennedy, Roberts, Reed and DeWine and their staff members, 
Kent Mitchell, Connie Garner, Jennifer Swenson, Elyse Wasch, Erica 
Swanson, and MaryBeth Luna. And I'd like to recognize Congressman 
Boehner and Miller and their staff members, David Cleary and Alex Nock, 
for working on this bipartisan, bicameral bill.
  As part of this reauthorization process, committee staff have had 
extensive bipartisan briefings and met with a very wide array of 
stakeholders. Stakeholders also participated in work groups designed to 
forge consensus on many of the issues addressed in this bill. As a 
result, I believe we are passing a very strong bill. I want to thank 
the many individuals with disabilities, family members, assistive 
technology programs, vendors, members of the information technology 
industry, the financial and business community, service providers, 
advocates, educators and others who gave generously of their time and 
worked so hard on this bill.
  This bill continues the tradition of bipartisan cooperation that has 
marked every significant disability bill that has been passed by 
Congress. Just as the ADA, IDEA and other bills have been bipartisan, 
so is this Assistive Technology Act of 2004, We can all be proud to see 
it enacted into law.
  Mr. REED. Mr. President, I strongly support final passage of H.R. 
4278, the Assistive Technology Reauthorization Act of 2004.
  This important legislation, the product of bipartisan and bicameral 
negotiations, reauthorizes the Assistive Technology Act of 1998 and 
provides individuals with disabilities increased access to critical 
assistive technology devices and services, focusing on where they are 
needed most--in schools, on the job, and in the community. These 
devices and services afford individuals with disabilities a greater 
opportunity to participate in educational programs, employment 
prospects, and community activities and thereby, assist them in leading 
more full, productive, and independent lives.
  As an original cosponsor of the Senate version of this bill, I am 
pleased that some of its provisions on training and research and 
development which I authored have been included in the final version of 
the bill before us today. The bill requires states to carry out 
training activities to enhance the knowledge, skills, and competencies 
of individuals in local settings statewide, including educators, early 
intervention, adult service, and health care providers, and others who 
work with individuals with disabilities. These provisions ensure that 
local communities will have trained personnel available to meet the 
specific assistive technology needs of individuals with disabilities.
  The bill also establishes a new authority for competitive grants for 
research and development of new assistive technology devices and for 
the adaptation, maintenance, servicing and improvement of those 
assistive technology devices already in existence, an issue of great 
interest to colleges in my State. As such, among the eligible 
recipients for this research and development funding are institutions 
of higher education, including the nationally recognized University 
Centers for Excellence in Developmental Disabilities Education, 
Research, and Service and the engineering programs of such 
institutions. Regrettably, the compromise restricts the potential 
funding of this program to a small level that is not sufficient to 
solve the large and growing need for assistive technology devices, 
particularly as our population ages. This is a good start, but we must 
do more to help individuals with disabilities forge ahead and reach 
their ultimate potential, and so I hope we can grow this funding in the 
future.
  There are other highlights as well. The bill increases the minimum 
allotment for each State assistive technology program to $410,000 which 
could mean an increase of nearly $110,000 in funding for Rhode Island 
as appropriations rise, and it repeals the sunset provision included in 
the Assistive Technology Act of 1998 so that States can continue to be 
eligible for funding. The bill also shifts emphasis toward getting 
assistive technology directly into the hands of individuals with 
disabilities through programs to provide

[[Page S10192]]

device demonstration, equipment loan, device reutilization/recycling 
and financing systems such as low-interest loans for the purchase or 
lease of assistive technology equipment.
  I thank my colleagues, in particular, Chairman Gregg, Senator 
Kennedy, Senator Harkin, and their staffs, for their hard work in 
producing a bipartisan piece of legislation and moving it toward final 
passage.
  A special thanks is also due to Regina Connor, the Project Director 
of the Rhode Island Assistive Technology Access Partnership, ATAP, 
which is Rhode Island's Assistive Technology Act Project, and Tony 
Antosh, Director of the Paul V. Sherlock Center on Disabilities, for 
their input and recommendations throughout the legislative process and 
ensuring that the act contained provisions important to Rhode Island 
assistive technology users, providers, and advocates.
  This is significant legislation for people in Rhode Island and across 
the Nation, and I am pleased to support it. I look forward to the 
President quickly signing this bill into law which will hopefully 
signal a turnaround in his support for assistive technology funding to 
provide individuals with disabilities the increased support they need 
and deserve.
  Mr. INHOFE. I ask unanimous consent that the substitute amendment at 
the desk be agreed to, the bill, as amended, be read a third time and 
passed, the motions to reconsider be laid upon the table en bloc, and 
any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3943) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (H.R. 4278), as amended, was read the third time and passed.

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