[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
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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
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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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