[Congressional Record Volume 150, Number 127 (Friday, October 8, 2004)]
[House]
[Pages H9011-H9020]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    ASSISTIVE TECHNOLOGY ACT OF 2004

  Mr. McKEON. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 4278) to amend the Assistive Technology 
Act of 1998 to support programs of grants to States to address the 
assistive technology needs of individuals with disabilities, and for 
other purposes, with a

[[Page H9012]]

Senate amendment thereto, and concur in the Senate amendment.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendment, as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Assistive Technology Act of 
     2004''.

     SEC. 2. AMENDMENT TO THE ASSISTIVE TECHNOLOGY ACT OF 1998.

       The Assistive Technology Act of 1998 (29 U.S.C. 3001 et 
     seq.) is amended to read as follows:

     ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       ``(a) Short Title.--This Act may be cited as the `Assistive 
     Technology Act of 1998'.
       ``(b) Table of Contents.--The table of contents of this Act 
     is as follows:

``Sec. 1. Short title; table of contents.
``Sec. 2. Findings and purposes. 
``Sec. 3. Definitions. 
``Sec. 4. State grants for assistive technology. 
``Sec. 5. State grants for protection and advocacy services related to 
              assistive technology. 
``Sec. 6. National activities.
``Sec. 7. Administrative provisions. 
``Sec. 8. Authorization of appropriations. 

     ``SEC. 2. FINDINGS AND PURPOSES.

       ``(a) Findings.--Congress finds the following:
       ``(1) Over 54,000,000 individuals in the United States have 
     disabilities, with almost half experiencing severe 
     disabilities that affect their ability to see, hear, 
     communicate, reason, walk, or perform other basic life 
     functions.
       ``(2) Disability is a natural part of the human experience 
     and in no way diminishes the right of individuals to--
       ``(A) live independently;
       ``(B) enjoy self-determination and make choices;
       ``(C) benefit from an education;
       ``(D) pursue meaningful careers; and
       ``(E) enjoy full inclusion and integration in the economic, 
     political, social, cultural, and educational mainstream of 
     society in the United States.
       ``(3) Technology is one of the primary engines for economic 
     activity, education, and innovation in the Nation, and 
     throughout the world. The commitment of the United States to 
     the development and utilization of technology is one of the 
     main factors underlying the strength and vibrancy of the 
     economy of the United States.
       ``(4) As technology has come to play an increasingly 
     important role in the lives of all persons in the United 
     States, in the conduct of business, in the functioning of 
     government, in the fostering of communication, in the conduct 
     of commerce, and in the provision of education, its impact 
     upon the lives of individuals with disabilities in the United 
     States has been comparable to its impact upon the remainder 
     of the citizens of the United States. Any development in 
     mainstream technology will have profound implications for 
     individuals with disabilities in the United States.
       ``(5) Substantial progress has been made in the development 
     of assistive technology devices, including adaptations to 
     existing devices that facilitate activities of daily living 
     that significantly benefit individuals with disabilities of 
     all ages. These devices, including adaptations, increase 
     involvement in, and reduce expenditures associated with, 
     programs and activities that facilitate communication, ensure 
     independent functioning, enable early childhood development, 
     support educational achievement, provide and enhance 
     employment options, and enable full participation in 
     community living for individuals with disabilities. Access to 
     such devices can also reduce expenditures associated with 
     early childhood intervention, education, rehabilitation and 
     training, health care, employment, residential living, 
     independent living, recreation opportunities, and other 
     aspects of daily living.
       ``(6) Over the last 15 years, the Federal Government has 
     invested in the development of comprehensive statewide 
     programs of technology-related assistance, which have proven 
     effective in assisting individuals with disabilities in 
     accessing assistive technology devices and assistive 
     technology services. This partnership between the Federal 
     Government and the States provided an important service to 
     individuals with disabilities by strengthening the capacity 
     of each State to assist individuals with disabilities of all 
     ages meet their assistive technology needs.
       ``(7) Despite the success of the Federal-State partnership 
     in providing access to assistive technology devices and 
     assistive technology services, there is a continued need to 
     provide information about the availability of assistive 
     technology, advances in improving accessibility and 
     functionality of assistive technology, and appropriate 
     methods to secure and utilize assistive technology in order 
     to maximize the independence and participation of individuals 
     with disabilities in society.
       ``(8) The combination of significant recent changes in 
     Federal policy (including changes to section 508 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794d), accessibility 
     provisions of the Help America Vote Act of 2002 (42 U.S.C. 
     15301 et seq.), and the amendments made to the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) by 
     the No Child Left Behind Act of 2001) and the rapid and 
     unending evolution of technology require a Federal-State 
     investment in State assistive technology systems to continue 
     to ensure that individuals with disabilities reap the 
     benefits of the technological revolution and participate 
     fully in life in their communities.
       ``(b) Purposes.--The purposes of this Act are--
       ``(1) to support State efforts to improve the provision of 
     assistive technology to individuals with disabilities through 
     comprehensive statewide programs of technology-related 
     assistance, for individuals with disabilities of all ages, 
     that are designed to--
       ``(A) increase the availability of, funding for, access to, 
     provision of, and training about assistive technology devices 
     and assistive technology services;
       ``(B) increase the ability of individuals with disabilities 
     of all ages to secure and maintain possession of assistive 
     technology devices as such individuals make the transition 
     between services offered by educational or human service 
     agencies or between settings of daily living (for example, 
     between home and work);
       ``(C) increase the capacity of public agencies and private 
     entities to provide and pay for assistive technology devices 
     and assistive technology services on a statewide basis for 
     individuals with disabilities of all ages;
       ``(D) increase the involvement of individuals with 
     disabilities and, if appropriate, their family members, 
     guardians, advocates, and authorized representatives, in 
     decisions related to the provision of assistive technology 
     devices and assistive technology services;
       ``(E) increase and promote coordination among State 
     agencies, between State and local agencies, among local 
     agencies, and between State and local agencies and private 
     entities (such as managed care providers), that are involved 
     or are eligible to be involved in carrying out activities 
     under this Act;
       ``(F) increase the awareness and facilitate the change of 
     laws, regulations, policies, practices, procedures, and 
     organizational structures, that facilitate the availability 
     or provision of assistive technology devices and assistive 
     technology services; and
       ``(G) increase awareness and knowledge of the benefits of 
     assistive technology devices and assistive technology 
     services among targeted individuals and entities and the 
     general population; and
       ``(2) to provide States with financial assistance that 
     supports programs designed to maximize the ability of 
     individuals with disabilities and their family members, 
     guardians, advocates, and authorized representatives to 
     obtain assistive technology devices and assistive technology 
     services.

     ``SEC. 3. DEFINITIONS.

       ``In this Act:
       ``(1) Adult service program.--The term `adult service 
     program' means a program that provides services to, or is 
     otherwise substantially involved with the major life 
     functions of, individuals with disabilities. Such term 
     includes--
       ``(A) a program providing residential, supportive, or 
     employment services, or employment-related services, to 
     individuals with disabilities;
       ``(B) a program carried out by a center for independent 
     living, such as a center described in part C of title VII of 
     the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.);
       ``(C) a program carried out by an employment support agency 
     connected to adult vocational rehabilitation, such as a one-
     stop partner, as defined in section 101 of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2801); and
       ``(D) a program carried out by another organization or 
     vender licensed or registered by the designated State agency, 
     as defined in section 7 of the Rehabilitation Act of 1973 (29 
     U.S.C. 705).
       ``(2) American indian consortium.--The term `American 
     Indian consortium' means an entity that is an American Indian 
     Consortium (as defined in section 102 of Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000 (42 
     U.S.C. 15002)), and that is established to provide protection 
     and advocacy services for purposes of receiving funding under 
     subtitle C of title I of such Act (42 U.S.C. 15041 et seq.).
       ``(3) Assistive technology.--The term `assistive 
     technology' means technology designed to be utilized in an 
     assistive technology device or assistive technology service.
       ``(4) Assistive technology device.--The term `assistive 
     technology device' means any item, piece of equipment, or 
     product system, whether acquired commercially, modified, or 
     customized, that is used to increase, maintain, or improve 
     functional capabilities of individuals with disabilities.
       ``(5) Assistive technology service.--The term `assistive 
     technology service' means any service that directly assists 
     an individual with a disability in the selection, 
     acquisition, or use of an assistive technology device. Such 
     term includes--
       ``(A) the evaluation of the assistive technology needs of 
     an individual with a disability, including a functional 
     evaluation of the impact of the provision of appropriate 
     assistive technology and appropriate services to the 
     individual in the customary environment of the individual;
       ``(B) a service consisting of purchasing, leasing, or 
     otherwise providing for the acquisition of assistive 
     technology devices by individuals with disabilities;
       ``(C) a service consisting of selecting, designing, 
     fitting, customizing, adapting, applying, maintaining, 
     repairing, replacing, or donating assistive technology 
     devices;
       ``(D) coordination and use of necessary therapies, 
     interventions, or services with assistive technology devices, 
     such as therapies, interventions, or services associated with 
     education and rehabilitation plans and programs;
       ``(E) training or technical assistance for an individual 
     with a disability or, where appropriate, the family members, 
     guardians, advocates, or authorized representatives of such 
     an individual;
       ``(F) training or technical assistance for professionals 
     (including individuals providing education and rehabilitation 
     services and entities that manufacture or sell assistive 
     technology devices), employers, providers of employment and

[[Page H9013]]

     training services, or other individuals who provide services 
     to, employ, or are otherwise substantially involved in the 
     major life functions of individuals with disabilities; and
       ``(G) a service consisting of expanding the availability of 
     access to technology, including electronic and information 
     technology, to individuals with disabilities.
       ``(6) Capacity building and advocacy activities.--The term 
     `capacity building and advocacy activities' means efforts 
     that--
       ``(A) result in laws, regulations, policies, practices, 
     procedures, or organizational structures that promote 
     consumer-responsive programs or entities; and
       ``(B) facilitate and increase access to, provision of, and 
     funding for, assistive technology devices and assistive 
     technology services, in order to empower individuals with 
     disabilities to achieve greater independence, productivity, 
     and integration and inclusion within the community and the 
     workforce.
       ``(7) Comprehensive statewide program of technology-related 
     assistance.--The term `comprehensive statewide program of 
     technology-related assistance' means a consumer-responsive 
     program of technology-related assistance for individuals with 
     disabilities, implemented by a State, and equally available 
     to all individuals with disabilities residing in the State, 
     regardless of their type of disability, age, income level, or 
     location of residence in the State, or the type of assistive 
     technology device or assistive technology service required.
       ``(8) Consumer-responsive.--The term `consumer-
     responsive'--
       ``(A) with regard to policies, means that the policies are 
     consistent with the principles of--
       ``(i) respect for individual dignity, personal 
     responsibility, self-determination, and pursuit of meaningful 
     careers, based on informed choice, of individuals with 
     disabilities;
       ``(ii) respect for the privacy, rights, and equal access 
     (including the use of accessible formats) of such 
     individuals;
       ``(iii) inclusion, integration, and full participation of 
     such individuals in society;
       ``(iv) support for the involvement in decisions of a family 
     member, a guardian, an advocate, or an authorized 
     representative, if an individual with a disability requests, 
     desires, or needs such involvement; and
       ``(v) support for individual and systems advocacy and 
     community involvement; and
       ``(B) with respect to an entity, program, or activity, 
     means that the entity, program, or activity--
       ``(i) is easily accessible to, and usable by, individuals 
     with disabilities and, when appropriate, their family 
     members, guardians, advocates, or authorized representatives;
       ``(ii) responds to the needs of individuals with 
     disabilities in a timely and appropriate manner; and
       ``(iii) facilitates the full and meaningful participation 
     of individuals with disabilities (including individuals from 
     underrepresented populations and rural populations) and their 
     family members, guardians, advocates, and authorized 
     representatives, in--

       ``(I) decisions relating to the provision of assistive 
     technology devices and assistive technology services to such 
     individuals; and
       ``(II) decisions related to the maintenance, improvement, 
     and evaluation of the comprehensive statewide program of 
     technology-related assistance, including decisions that 
     affect capacity building and advocacy activities.

       ``(9) Disability.--The term `disability' means a condition 
     of an individual that is considered to be a disability or 
     handicap for the purposes of any Federal law other than this 
     Act or for the purposes of the law of the State in which the 
     individual resides.
       ``(10) Individual with a disability; individuals with 
     disabilities.--
       ``(A) Individual with a disability.--The term `individual 
     with a disability' means any individual of any age, race, or 
     ethnicity--
       ``(i) who has a disability; and
       ``(ii) who is or would be enabled by an assistive 
     technology device or an assistive technology service to 
     minimize deterioration in functioning, to maintain a level of 
     functioning, or to achieve a greater level of functioning in 
     any major life activity.
       ``(B) Individuals with disabilities.--The term `individuals 
     with disabilities' means more than 1 individual with a 
     disability.
       ``(11) Institution of higher education.--The term 
     `institution of higher education' has the meaning given such 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)), and includes a community college 
     receiving funding under the Tribally Controlled College or 
     University Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
       ``(12) Protection and advocacy services.--The term 
     `protection and advocacy services' means services that--
       ``(A) are described in subtitle C of title I of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     of 2000 (42 U.S.C. 15041 et seq.), the Protection and 
     Advocacy for Individuals with Mental Illness Act (42 U.S.C. 
     10801 et seq.), or section 509 of the Rehabilitation Act of 
     1973 (29 U.S.C. 794e); and
       ``(B) assist individuals with disabilities with respect to 
     assistive technology devices and assistive technology 
     services.
       ``(13) Secretary.--The term `Secretary' means the Secretary 
     of Education.
       ``(14) State.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `State' means each of the 50 States of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the United States Virgin Islands, Guam, American Samoa, 
     and the Commonwealth of the Northern Mariana Islands.
       ``(B) Outlying areas.--In section 4(b):
       ``(i) Outlying area.--The term `outlying area' means the 
     United States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands.
       ``(ii) State.--The term `State' does not include the United 
     States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands.
       ``(15) State assistive technology program.--The term `State 
     assistive technology program' means a program authorized 
     under section 4.
       ``(16) Targeted individuals and entities.--The term 
     `targeted individuals and entities' means--
       ``(A) individuals with disabilities of all ages and their 
     family members, guardians, advocates, and authorized 
     representatives;
       ``(B) underrepresented populations, including the aging 
     workforce;
       ``(C) individuals who work for public or private entities 
     (including centers for independent living described in part C 
     of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 
     796f et seq.), insurers, or managed care providers) that have 
     contact, or provide services to, with individuals with 
     disabilities;
       ``(D) educators at all levels (including providers of early 
     intervention services, elementary schools, secondary schools, 
     community colleges, and vocational and other institutions of 
     higher education) and related services personnel;
       ``(E) technology experts (including web designers and 
     procurement officials);
       ``(F) health, allied health, and rehabilitation 
     professionals and hospital employees (including discharge 
     planners);
       ``(G) employers, especially small business employers, and 
     providers of employment and training services;
       ``(H) entities that manufacture or sell assistive 
     technology devices;
       ``(I) entities that carry out community programs designed 
     to develop essential community services in rural and urban 
     areas; and
       ``(J) other appropriate individuals and entities, as 
     determined for a State by the State.
       ``(17) Technology-related assistance.--The term 
     `technology-related assistance' means assistance provided 
     through capacity building and advocacy activities that 
     accomplish the purposes described in section 2(b).
       ``(18) Underrepresented population.--The term 
     `underrepresented population' means a population that is 
     typically underrepresented in service provision, and includes 
     populations such as persons who have low-incidence 
     disabilities, persons who are minorities, poor persons, 
     persons with limited English proficiency, older individuals, 
     or persons from rural areas.
       ``(19) Universal design.--The term `universal design' means 
     a concept or philosophy for designing and delivering products 
     and services that are usable by people with the widest 
     possible range of functional capabilities, which include 
     products and services that are directly accessible (without 
     requiring assistive technologies) and products and services 
     that are interoperable with assistive technologies.

     ``SEC. 4. STATE GRANTS FOR ASSISTIVE TECHNOLOGY.

       ``(a) Grants to States.--The Secretary shall award grants 
     under subsection (b) to States to maintain comprehensive 
     statewide programs of technology-related assistance to 
     support programs that are designed to maximize the ability of 
     individuals with disabilities across the human lifespan and 
     across the wide array of disabilities, and their family 
     members, guardians, advocates, and authorized 
     representatives, to obtain assistive technology, and that are 
     designed to increase access to assistive technology.
       ``(b) Amount of Financial Assistance.--
       ``(1) In general.--From funds made available to carry out 
     this section, the Secretary shall award a grant to each 
     eligible State and eligible outlying area from an allotment 
     determined in accordance with paragraph (2).
       ``(2) Calculation of state grants.--
       ``(A) Base year.--Except as provided in subparagraphs (B) 
     and (C), the Secretary shall allot to each State and outlying 
     area for a fiscal year an amount that is not less than the 
     amount the State or outlying area received under the grants 
     provided under section 101 of this Act (as in effect on the 
     day before the date of enactment of the Assistive Technology 
     Act of 2004) for fiscal year 2004.
       ``(B) Ratable reduction.--
       ``(i) In general.--If funds made available to carry out 
     this section for any fiscal year are insufficient to make the 
     allotments required for each State and outlying area under 
     subparagraph (A) for such fiscal year, the Secretary shall 
     ratably reduce the allotments for such fiscal year.
       ``(ii) Additional funds.--If, after the Secretary makes the 
     reductions described in clause (i), additional funds become 
     available to carry out this section for the fiscal year, the 
     Secretary shall ratably increase the allotments, until the 
     Secretary has allotted the entire base year amount.
       ``(C) Higher appropriation years.--Except as provided in 
     subparagraph (D), for a fiscal year for which the amount of 
     funds made available to carry out this section is greater 
     than the base year amount, the Secretary shall--
       ``(i) make the allotments described in subparagraph (A);
       ``(ii) from a portion of the remainder of the funds after 
     the Secretary makes the allotments described in clause (i), 
     the Secretary shall--

       ``(I) from 50 percent of the portion, allot to each State 
     or outlying area an equal amount; and
       ``(II) from 50 percent of the portion, allot to each State 
     or outlying area an amount that bears the same relationship 
     to such 50 percent as the population of the State or outlying 
     area bears to the population of all States and outlying 
     areas,

     until each State has received an allotment of not less than 
     $410,000 and each outlying area

[[Page H9014]]

     has received an allotment of $125,000 under clause (i) and 
     this clause;
       ``(iii) from the remainder of the funds after the Secretary 
     makes the allotments described in clause (ii), the Secretary 
     shall--

       ``(I) from 80 percent of the remainder allot to each State 
     an amount that bears the same relationship to such 80 percent 
     as the population of the State bears to the population of all 
     States; and
       ``(II) from 20 percent of the remainder, allot to each 
     State an equal amount.

       ``(D) Special rule for fiscal year 2005.--Notwithstanding 
     subparagraph (C), if the amount of funds made available to 
     carry out this section for fiscal year 2005 is greater than 
     the base year amount, the Secretary may award grants on a 
     competitive basis for periods of 1 year to States or outlying 
     areas in accordance with the requirements of title III of 
     this Act (as in effect on the day before the date of 
     enactment of the Assistive Technology Act of 2004) to 
     develop, support, expand, or administer an alternative 
     financing program.
       ``(E) Base year amount.--In this paragraph, the term `base 
     year amount' means the total amount received by all States 
     and outlying areas under the grants described in subparagraph 
     (A) for fiscal year 2004.
       ``(c) Lead Agency, Implementing Entity, and Advisory 
     Council.--
       ``(1) Lead agency and implementing entity.--
       ``(A) Lead agency.--
       ``(i) In general.--The Governor of a State shall designate 
     a public agency as a lead agency--

       ``(I) to control and administer the funds made available 
     through the grant awarded to the State under this section; 
     and
       ``(II) to submit the application described in subsection 
     (d) on behalf of the State, to ensure conformance with 
     Federal and State accounting requirements.

       ``(ii) Duties.--The duties of the lead agency shall 
     include--

       ``(I) preparing the application described in subsection (d) 
     and carrying out State activities described in that 
     application, including making programmatic and resource 
     allocation decisions necessary to implement the comprehensive 
     statewide program of technology-related assistance;
       ``(II) coordinating the activities of the comprehensive 
     statewide program of technology-related assistance among 
     public and private entities, including coordinating efforts 
     related to entering into interagency agreements, and 
     maintaining and evaluating the program; and
       ``(III) coordinating efforts related to the active, timely, 
     and meaningful participation by individuals with disabilities 
     and their family members, guardians, advocates, or authorized 
     representatives, and other appropriate individuals, with 
     respect to activities carried out through the grant.

       ``(B) Implementing entity.--The Governor may designate an 
     agency, office, or other entity to carry out State activities 
     under this section (referred to in this section as the 
     `implementing entity'), if such implementing entity is 
     different from the lead agency. The implementing agency shall 
     carry out responsibilities under this Act through a 
     subcontract or another administrative agreement with the lead 
     agency.
       ``(C) Change in agency or entity.--
       ``(i) In general.--On obtaining the approval of the 
     Secretary, the Governor may redesignate the lead agency, or 
     the implementing entity, if the Governor shows to the 
     Secretary good cause why the entity designated as the lead 
     agency, or the implementing entity, respectively, should not 
     serve as that agency or entity, respectively. The Governor 
     shall make the showing in the application described in 
     subsection (d).
       ``(ii) Construction.--Nothing in this paragraph shall be 
     construed to require the Governor of a State to change the 
     lead agency or implementing entity of the State to an agency 
     other than the lead agency or implementing entity of such 
     State as of the date of enactment of the Assistive Technology 
     Act of 2004.
       ``(2) Advisory council.--
       ``(A) In general.--There shall be established an advisory 
     council to provide consumer-responsive, consumer-driven 
     advice to the State for, planning of, implementation of, and 
     evaluation of the activities carried out through the grant, 
     including setting the measurable goals described in 
     subsection (d)(3).
       ``(B) Composition and representation.--
       ``(i) Composition.--The advisory council shall be composed 
     of--

       ``(I) individuals with disabilities that use assistive 
     technology or the family members or guardians of the 
     individuals;
       ``(II) a representative of the designated State agency, as 
     defined in section 7 of the Rehabilitation Act of 1973 (29 
     U.S.C. 705) and the State agency for individuals who are 
     blind (within the meaning of section 101 of that Act (29 
     U.S.C. 721)), if such agency is separate;
       ``(III) a representative of a State center for independent 
     living described in part C of title VII of the Rehabilitation 
     Act of 1973 (29 U.S.C. 796f et seq.);
       ``(IV) a representative of the State workforce investment 
     board established under section 111 of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2821);
       ``(V) a representative of the State educational agency, as 
     defined in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801); and
       ``(VI) representatives of other State agencies, public 
     agencies, or private organizations, as determined by the 
     State.

       ``(ii) Majority.--

       ``(I) In general.--A majority, not less than 51 percent, of 
     the members of the advisory council, shall be members 
     appointed under clause (i)(I).
       ``(II) Representatives of agencies.--Members appointed 
     under subclauses (II) through (VI) of clause (i) shall not 
     count toward the majority membership requirement established 
     in subclause (I).

       ``(iii) Representation.--The advisory council shall be 
     geographically representative of the State and reflect the 
     diversity of the State with respect to race, ethnicity, types 
     of disabilities across the age span, and users of types of 
     services that an individual with a disability may receive.
       ``(C) Expenses.--The members of the advisory council shall 
     receive no compensation for their service on the advisory 
     council, but shall be reimbursed for reasonable and necessary 
     expenses actually incurred in the performance of official 
     duties for the advisory council.
       ``(D) Period.--The members of the State advisory council 
     shall be appointed not later than 120 days after the date of 
     enactment of the Assistive Technology Act of 2004.
       ``(E) Impact on existing statutes, rules, or policies.--
     Nothing in this paragraph shall be construed to affect State 
     statutes, rules, or official policies relating to advisory 
     bodies for State assistive technology programs or require 
     changes to governing bodies of incorporated agencies who 
     carry out State assistive technology programs.
       ``(d) Application.--
       ``(1) In general.--Any State that desires to receive a 
     grant under this section shall submit an application to the 
     Secretary, at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(2) Lead agency and implementing entity.--The application 
     shall contain information identifying and describing the lead 
     agency referred to in subsection (c)(1)(A). The application 
     shall contain information identifying and describing the 
     implementing entity referred to in subsection (c)(1)(B), if 
     the Governor of the State designates such an entity.
       ``(3) Measurable goals.--The application shall include--
       ``(A) measurable goals, and a timeline for meeting the 
     goals, that the State has set for addressing the assistive 
     technology needs of individuals with disabilities in the 
     State related to--
       ``(i) education, including goals involving the provision of 
     assistive technology to individuals with disabilities who 
     receive services under the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.);
       ``(ii) employment, including goals involving the State 
     vocational rehabilitation program carried out under title I 
     of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.);
       ``(iii) telecommunication and information technology; and
       ``(iv) community living; and
       ``(B) information describing how the State will 
     quantifiably measure the goals to determine whether the goals 
     have been achieved.
       ``(4) Involvement of public and private entities.--The 
     application shall describe how various public and private 
     entities were involved in the development of the application 
     and will be involved in the implementation of the activities 
     to be carried out through the grant, including--
       ``(A) in cases determined to be appropriate by the State, a 
     description of the nature and extent of resources that will 
     be committed by public and private collaborators to assist in 
     accomplishing identified goals; and
       ``(B) a description of the mechanisms established to ensure 
     coordination of activities and collaboration between the 
     implementing entity, if any, and the State.
       ``(5) Implementation.--The application shall include a 
     description of--
       ``(A) how the State will implement each of the required 
     activities described in subsection (e), except as provided in 
     subsection (e)(6)(A); and
       ``(B) how the State will allocate and utilize grant funds 
     to implement the activities, including describing proposed 
     budget allocations and planned procedures for tracking 
     expenditures for activities described in paragraphs (2) and 
     (3) of subsection (e).
       ``(6) Assurances.--The application shall include assurances 
     that--
       ``(A) the State will annually collect data related to the 
     required activities implemented by the State under this 
     section in order to prepare the progress reports required 
     under subsection (f);
       ``(B) funds received through the grant--
       ``(i) will be expended in accordance with this section; and
       ``(ii) will be used to supplement, and not supplant, funds 
     available from other sources for technology-related 
     assistance, including the provision of assistive technology 
     devices and assistive technology services;
       ``(C) the lead agency will control and administer the funds 
     received through the grant;
       ``(D) the State will adopt such fiscal control and 
     accounting procedures as may be necessary to ensure proper 
     disbursement of and accounting for the funds received through 
     the grant;
       ``(E) the physical facility of the lead agency and 
     implementing entity, if any, meets the requirements of the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
     seq.) regarding accessibility for individuals with 
     disabilities;
       ``(F) a public agency or an individual with a disability 
     holds title to any property purchased with funds received 
     under the grant and administers that property;
       ``(G) activities carried out in the State that are 
     authorized under this Act, and supported by Federal funds 
     received under this Act, will comply with the standards 
     established by the Architectural and Transportation Barriers 
     Compliance Board under section 508 of the Rehabilitation Act 
     of 1973 (20 U.S.C. 794d); and
       ``(H) the State will--
       ``(i) prepare reports to the Secretary in such form and 
     containing such information as the Secretary may require to 
     carry out the Secretary's functions under this Act; and

[[Page H9015]]

       ``(ii) keep such records and allow access to such records 
     as the Secretary may require to ensure the correctness and 
     verification of information provided to the Secretary under 
     this subparagraph.
       ``(7) State support.--The application shall include a 
     description of the activities described in paragraphs (2) and 
     (3) of subsection (e) that the State will support with State 
     funds.
       ``(e) Use of Funds.--
       ``(1) In general.--
       ``(A) Required activities.--Except as provided in 
     subparagraph (B) and paragraph (6), any State that receives a 
     grant under this section shall use a portion of the funds 
     made available through the grant to carry out activities 
     described in paragraphs (2) and (3).
       ``(B) State or non-federal financial support.--A State 
     shall not be required to use a portion of the funds made 
     available through the grant to carry out the category of 
     activities described in subparagraph (A), (B), (C), or (D) of 
     paragraph (2) if, in that State--
       ``(i) financial support is provided from State or other 
     non-Federal resources or entities for that category of 
     activities; and
       ``(ii) the amount of the financial support is comparable 
     to, or greater than, the amount of the portion of the funds 
     made available through the grant that the State would have 
     expended for that category of activities, in the absence of 
     this subparagraph.
       ``(2) State-level activities.--
       ``(A) State financing activities.--The State shall support 
     State financing activities to increase access to, and funding 
     for, assistive technology devices and assistive technology 
     services (which shall not include direct payment for such a 
     device or service for an individual with a disability but may 
     include support and administration of a program to provide 
     such payment), including development of systems to provide 
     and pay for such devices and services, for targeted 
     individuals and entities described in section 3(16)(A), 
     including--
       ``(i) support for the development of systems for the 
     purchase, lease, or other acquisition of, or payment for, 
     assistive technology devices and assistive technology 
     services; or
       ``(ii) support for the development of State-financed or 
     privately financed alternative financing systems of subsidies 
     (which may include conducting an initial 1-year feasibility 
     study of, improving, administering, operating, providing 
     capital for, or collaborating with an entity with respect to, 
     such a system) for the provision of assistive technology 
     devices, such as--

       ``(I) a low-interest loan fund;
       ``(II) an interest buy-down program;
       ``(III) a revolving loan fund;
       ``(IV) a loan guarantee or insurance program;
       ``(V) a program providing for the purchase, lease, or other 
     acquisition of assistive technology devices or assistive 
     technology services; or
       ``(VI) another mechanism that is approved by the Secretary.

       ``(B) Device reutilization programs.--The State shall 
     directly, or in collaboration with public or private 
     entities, carry out assistive technology device reutilization 
     programs that provide for the exchange, repair, recycling, or 
     other reutilization of assistive technology devices, which 
     may include redistribution through device sales, loans, 
     rentals, or donations.
       ``(C) Device loan programs.--The State shall directly, or 
     in collaboration with public or private entities, carry out 
     device loan programs that provide short-term loans of 
     assistive technology devices to individuals, employers, 
     public agencies, or others seeking to meet the needs of 
     targeted individuals and entities, including others seeking 
     to comply with the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq.), the Americans with Disabilities 
     Act of 1990 (42 U.S.C. 12101 et seq.), and section 504 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794).
       ``(D) Device demonstrations.--
       ``(i) In general.--The State shall directly, or in 
     collaboration with public and private entities, such as one-
     stop partners, as defined in section 101 of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2801), demonstrate a 
     variety of assistive technology devices and assistive 
     technology services (including assisting individuals in 
     making informed choices regarding, and providing experiences 
     with, the devices and services), using personnel who are 
     familiar with such devices and services and their 
     applications.
       ``(ii) Comprehensive information.--The State shall 
     directly, or through referrals, provide to individuals, to 
     the extent practicable, comprehensive information about State 
     and local assistive technology venders, providers, and repair 
     services.
       ``(3) State leadership activities.--
       ``(A) In general.--A State that receives a grant under this 
     section shall use a portion of not more than 40 percent of 
     the funds made available through the grant to carry out the 
     activities described in subparagraph (B). From that portion, 
     the State shall use at least 5 percent of the portion for 
     activities described in subparagraph (B)(i)(III).
       ``(B) Required activities.--
       ``(i) Training and technical assistance.--

       ``(I) In general.--The State shall directly, or provide 
     support to public or private entities with demonstrated 
     expertise in collaborating with public or private agencies 
     that serve individuals with disabilities, to develop and 
     disseminate training materials, conduct training, and provide 
     technical assistance, for individuals from local settings 
     statewide, including representatives of State and local 
     educational agencies, other State and local agencies, early 
     intervention programs, adult service programs, hospitals and 
     other health care facilities, institutions of higher 
     education, and businesses.
       ``(II) Authorized activities.--In carrying out activities 
     under subclause (I), the State shall carry out activities 
     that enhance the knowledge, skills, and competencies of 
     individuals from local settings described in subclause (I), 
     which may include--

       ``(aa) general awareness training on the benefits of 
     assistive technology and the Federal, State, and private 
     funding sources available to assist targeted individuals and 
     entities in acquiring assistive technology;
       ``(bb) skills-development training in assessing the need 
     for assistive technology devices and assistive technology 
     services;
       ``(cc) training to ensure the appropriate application and 
     use of assistive technology devices, assistive technology 
     services, and accessible technology for e-government 
     functions;
       ``(dd) training in the importance of multiple approaches to 
     assessment and implementation necessary to meet the 
     individualized needs of individuals with disabilities; and
       ``(ee) technical training on integrating assistive 
     technology into the development and implementation of service 
     plans, including any education, health, discharge, Olmstead, 
     employment, or other plan required under Federal or State 
     law.

       ``(III) Transition assistance to individuals with 
     disabilities.--The State shall directly, or provide support 
     to public or private entities to, develop and disseminate 
     training materials, conduct training, facilitate access to 
     assistive technology, and provide technical assistance, to 
     assist--

       ``(aa) students with disabilities, within the meaning of 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1400 et seq.), that receive transition services; and
       ``(bb) adults who are individuals with disabilities 
     maintaining or transitioning to community living.
       ``(ii) Public-awareness activities.--

       ``(I) In general.--The State shall conduct public-awareness 
     activities designed to provide information to targeted 
     individuals and entities relating to the availability, 
     benefits, appropriateness, and costs of assistive technology 
     devices and assistive technology services, including--

       ``(aa) the development of procedures for providing direct 
     communication between providers of assistive technology and 
     targeted individuals and entities, which may include 
     partnerships with entities in the statewide and local 
     workforce investment systems established under the Workforce 
     Investment Act of 1998 (29 U.S.C. 2801 et seq.), State 
     vocational rehabilitation centers, public and private 
     employers, or elementary and secondary public schools;
       ``(bb) the development and dissemination, to targeted 
     individuals and entities, of information about State efforts 
     related to assistive technology; and
       ``(cc) the distribution of materials to appropriate public 
     and private agencies that provide social, medical, 
     educational, employment, and transportation services to 
     individuals with disabilities.

       ``(II) Collaboration.--The State shall collaborate with 
     entities that receive awards under paragraphs (1) and (3) of 
     section 6(b) to carry out public-awareness activities 
     focusing on infants, toddlers, children, transition-age 
     youth, employment-age adults, seniors, and employers.
       ``(III) Statewide information and referral system.--

       ``(aa) In general.--The State shall directly, or in 
     collaboration with public or private (such as nonprofit) 
     entities, provide for the continuation and enhancement of a 
     statewide information and referral system designed to meet 
     the needs of targeted individuals and entities.
       ``(bb) Content.--The system shall deliver information on 
     assistive technology devices, assistive technology services 
     (with specific data regarding provider availability within 
     the State), and the availability of resources, including 
     funding through public and private sources, to obtain 
     assistive technology devices and assistive technology 
     services. The system shall also deliver information on the 
     benefits of assistive technology devices and assistive 
     technology services with respect to enhancing the capacity of 
     individuals with disabilities of all ages to perform 
     activities of daily living.
       ``(iii) Coordination and collaboration.--The State shall 
     coordinate activities described in paragraph (2) and this 
     paragraph, among public and private entities that are 
     responsible for policies, procedures, or funding for the 
     provision of assistive technology devices and assistive 
     technology services to individuals with disabilities, service 
     providers, and others to improve access to assistive 
     technology devices and assistive technology services for 
     individuals with disabilities of all ages in the State.
       ``(4) Indirect costs.--Not more than 10 percent of the 
     funds made available through a grant to a State under this 
     section may be used for indirect costs.
       ``(5) Prohibition.--Funds made available through a grant to 
     a State under this section shall not be used for direct 
     payment for an assistive technology device for an individual 
     with a disability.
       ``(6) State flexibility.--
       ``(A) In general.--Notwithstanding paragraph (1)(A) and 
     subject to subparagraph (B), a State may use funds that the 
     State receives under a grant awarded under this section to 
     carry out any 2 or more of the activities described in 
     paragraph (2).
       ``(B) Special rule.--Notwithstanding paragraph (3)(A), any 
     State that exercises its authority under subparagraph (A)--
       ``(i) shall carry out each of the required activities 
     described in paragraph (3)(B); and
       ``(ii) shall use not more than 30 percent of the funds made 
     available through the grant to carry out the activities 
     described in paragraph (3)(B).
       ``(f) Annual Progress Reports.--
       ``(1) Data collection.--States shall participate in data 
     collection as required by law, including data collection 
     required for preparation of the reports described in 
     paragraph (2).

[[Page H9016]]

       ``(2) Reports.--
       ``(A) In general.--Each State shall prepare and submit to 
     the Secretary an annual progress report on the activities 
     funded under this Act, at such time, and in such manner, as 
     the Secretary may require.
       ``(B) Contents.--The report shall include data collected 
     pursuant to this section. The report shall document, with 
     respect to activities carried out under this section in the 
     State--
       ``(i) the type of State financing activities described in 
     subsection (e)(2)(A) used by the State;
       ``(ii) the amount and type of assistance given to consumers 
     of the State financing activities described in subsection 
     (e)(2)(A) (who shall be classified by type of assistive 
     technology device or assistive technology service financed 
     through the State financing activities, and geographic 
     distribution within the State), including--

       ``(I) the number of applications for assistance received;
       ``(II) the number of applications approved and rejected;
       ``(III) the default rate for the financing activities;
       ``(IV) the range and average interest rate for the 
     financing activities;
       ``(V) the range and average income of approved applicants 
     for the financing activities; and
       ``(VI) the types and dollar amounts of assistive technology 
     financed;

       ``(iii) the number, type, and length of time of loans of 
     assistive technology devices provided to individuals with 
     disabilities, employers, public agencies, or public 
     accommodations through the device loan program described in 
     subsection (e)(2)(C), and an analysis of the individuals with 
     disabilities who have benefited from the device loan program;
       ``(iv) the number, type, estimated value, and scope of 
     assistive technology devices exchanged, repaired, recycled, 
     or reutilized (including redistributed through device sales, 
     loans, rentals, or donations) through the device 
     reutilization program described in subsection (e)(2)(B), and 
     an analysis of the individuals with disabilities that have 
     benefited from the device reutilization program;
       ``(v) the number and type of device demonstrations and 
     referrals provided under subsection (e)(2)(D), and an 
     analysis of individuals with disabilities who have benefited 
     from the demonstrations and referrals;
       ``(vi)(I) the number and general characteristics of 
     individuals who participated in training under subsection 
     (e)(3)(B)(i) (such as individuals with disabilities, parents, 
     educators, employers, providers of employment services, 
     health care workers, counselors, other service providers, or 
     vendors) and the topics of such training; and
       ``(II) to the extent practicable, the geographic 
     distribution of individuals who participated in the training;
       ``(vii) the frequency of provision and nature of technical 
     assistance provided to State and local agencies and other 
     entities;
       ``(viii) the number of individuals assisted through the 
     public-awareness activities and statewide information and 
     referral system described in subsection (e)(3)(B)(ii);
       ``(ix) the outcomes of any improvement initiatives carried 
     out by the State as a result of activities funded under this 
     section, including a description of any written policies, 
     practices, and procedures that the State has developed and 
     implemented regarding access to, provision of, and funding 
     for, assistive technology devices, and assistive technology 
     services, in the contexts of education, health care, 
     employment, community living, and information technology and 
     telecommunications, including e-government;
       ``(x) the source of leveraged funding or other contributed 
     resources, including resources provided through subcontracts 
     or other collaborative resource-sharing agreements, from and 
     with public and private entities to carry out State 
     activities described in subsection (e)(3)(B)(iii), the number 
     of individuals served with the contributed resources for 
     which information is not reported under clauses (i) through 
     (ix) or clause (xi) or (xii), and other outcomes accomplished 
     as a result of such activities carried out with the 
     contributed resources; and
       ``(xi) the level of customer satisfaction with the services 
     provided.

     ``SEC. 5. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES 
                   RELATED TO ASSISTIVE TECHNOLOGY.

       ``(a) Grants.--
       ``(1) In general.--The Secretary shall make grants under 
     subsection (b) to protection and advocacy systems in each 
     State for the purpose of enabling such systems to assist in 
     the acquisition, utilization, or maintenance of assistive 
     technology devices or assistive technology services for 
     individuals with disabilities.
       ``(2) General authorities.--In providing such assistance, 
     protection and advocacy systems shall have the same general 
     authorities as the systems are afforded under subtitle C of 
     title I of the Developmental Disabilities Assistance and Bill 
     of Rights Act of 2000 (42 U.S.C. 15041 et seq.), as 
     determined by the Secretary.
       ``(b) Grants.--
       ``(1) Reservation.--For each fiscal year, the Secretary 
     shall reserve such sums as may be necessary to carry out 
     paragraph (4).
       ``(2) Population basis.--From the funds appropriated under 
     section 8(b) for a fiscal year and remaining after the 
     reservation required by paragraph (1) has been made, the 
     Secretary shall make a grant to a protection and advocacy 
     system within each State in an amount bearing the same ratio 
     to the remaining funds as the population of the State bears 
     to the population of all States.
       ``(3) Minimums.--Subject to the availability of 
     appropriations, the amount of a grant to a protection and 
     advocacy system under paragraph (2) for a fiscal year shall--
       ``(A) in the case of a protection and advocacy system 
     located in American Samoa, Guam, the United States Virgin 
     Islands, or the Commonwealth of the Northern Mariana Islands, 
     not be less than $30,000; and
       ``(B) in the case of a protection and advocacy system 
     located in a State not described in subparagraph (A), not be 
     less than $50,000.
       ``(4) Payment to the system serving the american indian 
     consortium.--
       ``(A) In general.--The Secretary shall make grants to the 
     protection and advocacy system serving the American Indian 
     Consortium to provide services in accordance with this 
     section.
       ``(B) Amount of grants.--The amount of such grants shall be 
     the same as the amount provided under paragraph (3)(A).
       ``(c) Direct Payment.--Notwithstanding any other provision 
     of law, the Secretary shall pay directly to any protection 
     and advocacy system that complies with this section, the 
     total amount of the grant made for such system under this 
     section, unless the system provides otherwise for payment of 
     the grant amount.
       ``(d) Certain States.--
       ``(1) Grant to lead agency.--Notwithstanding any other 
     provision of this section, with respect to a State that, on 
     November 12, 1998, was described in section 102(f)(1) of the 
     Technology-Related Assistance for Individuals With 
     Disabilities Act of 1988, the Secretary shall pay the amount 
     of the grant described in subsection (a), and made under 
     subsection (b), to the lead agency designated under section 
     4(c)(1) for the State.
       ``(2) Distribution of funds.--A lead agency to which a 
     grant amount is paid under paragraph (1) shall determine the 
     manner in which funds made available through the grant will 
     be allocated among the entities that were providing 
     protection and advocacy services in that State on the date 
     described in such paragraph, and shall distribute funds to 
     such entities. In distributing such funds, the lead agency 
     shall not establish any additional eligibility or procedural 
     requirements for an entity in the State that supports 
     protection and advocacy services through a protection and 
     advocacy system. Such an entity shall comply with the same 
     requirements (including reporting and enforcement 
     requirements) as any other entity that receives funding under 
     this section.
       ``(3) Application of provisions.--Except as provided in 
     this subsection, the provisions of this section shall apply 
     to the grant in the same manner, and to the same extent, as 
     the provisions apply to a grant to a system.
       ``(e) Carryover.--Any amount paid to an eligible system for 
     a fiscal year under this section that remains unobligated at 
     the end of such fiscal year shall remain available to such 
     system for obligation during the subsequent fiscal year. 
     Program income generated from such amount shall remain 
     available for 2 additional fiscal years after the year in 
     which such amount was paid to an eligible system and may only 
     be used to improve the awareness of individuals with 
     disabilities about the accessibility of assistive technology 
     and assist such individuals in the acquisition, utilization, 
     or maintenance of assistive technology devices or assistive 
     technology services.
       ``(f) Report to Secretary.--An entity that receives a grant 
     under this section shall annually prepare and submit to the 
     Secretary a report that contains such information as the 
     Secretary may require, including documentation of the 
     progress of the entity in--
       ``(1) conducting consumer-responsive activities, including 
     activities that will lead to increased access, for 
     individuals with disabilities, to funding for assistive 
     technology devices and assistive technology services;
       ``(2) engaging in informal advocacy to assist in securing 
     assistive technology devices and assistive technology 
     services for individuals with disabilities;
       ``(3) engaging in formal representation for individuals 
     with disabilities to secure systems change, and in advocacy 
     activities to secure assistive technology devices and 
     assistive technology services for individuals with 
     disabilities;
       ``(4) developing and implementing strategies to enhance the 
     long-term abilities of individuals with disabilities and 
     their family members, guardians, advocates, and authorized 
     representatives to advocate the provision of assistive 
     technology devices and assistive technology services to which 
     the individuals with disabilities are entitled under law 
     other than this Act;
       ``(5) coordinating activities with protection and advocacy 
     services funded through sources other than this Act, and 
     coordinating activities with the capacity building and 
     advocacy activities carried out by the lead agency; and
       ``(6) effectively allocating funds made available under 
     this section to improve the awareness of individuals with 
     disabilities about the accessibility of assistive technology 
     and assist such individuals in the acquisition, utilization, 
     or maintenance of assistive technology devices or assistive 
     technology services.
       ``(g) Reports and Updates to State Agencies.--An entity 
     that receives a grant under this section shall prepare and 
     submit to the lead agency of the State designated under 
     section 4(c)(1) the report described in subsection (f) and 
     quarterly updates concerning the activities described in 
     subsection (f).
       ``(h) Coordination.--On making a grant under this section 
     to an entity in a State, the Secretary shall solicit and 
     consider the opinions of the lead agency of the State with 
     respect to efforts at coordination of activities, 
     collaboration, and promoting outcomes between the lead agency 
     and the entity that receives the grant under this section.

     ``SEC. 6. NATIONAL ACTIVITIES.

       ``(a) In General.--In order to support activities designed 
     to improve the administration of this Act, the Secretary, 
     under subsection (b)--

[[Page H9017]]

       ``(1) may award, on a competitive basis, grants, contracts, 
     and cooperative agreements to entities to support activities 
     described in paragraphs (1) and (2) of subsection (b); and
       ``(2) shall award, on a competitive basis, grants, 
     contracts, and cooperative agreements to entities to support 
     activities described in paragraphs (3), (4), and (5) of 
     subsection (b).
       ``(b) Authorized Activities.--
       ``(1) National public-awareness toolkit.--
       ``(A) National public-awareness toolkit.--The Secretary may 
     award a 1-time grant, contract, or cooperative agreement to 
     an eligible entity to support a training and technical 
     assistance program that--
       ``(i) expands public-awareness efforts to reach targeted 
     individuals and entities;
       ``(ii) contains appropriate accessible multimedia materials 
     to reach targeted individuals and entities, for dissemination 
     to State assistive technology programs; and
       ``(iii) in coordination with State assistive technology 
     programs, provides meaningful and up-to-date information to 
     targeted individuals and entities about the availability of 
     assistive technology devices and assistive technology 
     services.
       ``(B) Eligible entity.--To be eligible to receive the 
     grant, contract, or cooperative agreement, an entity shall 
     develop a partnership that--
       ``(i) shall consist of--

       ``(I) a lead agency or implementing entity for a State 
     assistive technology program or an organization or 
     association that represents implementing entities for State 
     assistive technology programs;
       ``(II) a private or public entity from the media industry;
       ``(III) a private entity from the assistive technology 
     industry; and
       ``(IV) a private employer or an organization or association 
     that represents private employers;

       ``(ii) may include other entities determined by the 
     Secretary to be necessary; and
       ``(iii) may include other entities determined by the 
     applicant to be appropriate.
       ``(2) Research and development.--
       ``(A) In general.--The Secretary may award grants, 
     contracts, or cooperative agreements to eligible entities to 
     carry out research and development of assistive technology 
     that consists of--
       ``(i) developing standards for reliability and 
     accessibility of assistive technology, and standards for 
     interoperability (including open standards) of assistive 
     technology with information technology, telecommunications 
     products, and other assistive technology; or
       ``(ii) developing assistive technology that benefits 
     individuals with disabilities or developing technologies or 
     practices that result in the adaptation, maintenance, 
     servicing, or improvement of assistive technology devices.
       ``(B) Eligible entities.--Entities eligible to receive a 
     grant, contract, or cooperative agreement under this 
     paragraph shall include--
       ``(i) providers of assistive technology services and 
     assistive technology devices;
       ``(ii) institutions of higher education, including 
     University Centers for Excellence in Developmental 
     Disabilities Education, Research, and Service authorized 
     under subtitle D of title I of the Developmental Disabilities 
     Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15061 et 
     seq.), or such institutions offering rehabilitation 
     engineering programs, computer science programs, or 
     information technology programs;
       ``(iii) manufacturers of assistive technology devices; and
       ``(iv) professionals, individuals, organizations, and 
     agencies providing services or employment to individuals with 
     disabilities.
       ``(C) Collaboration.--An entity that receives a grant, 
     contract, or cooperative agreement under this paragraph 
     shall, in developing and implementing the project carried out 
     through the grant, contract, or cooperative agreement 
     coordinate activities with the lead agency for the State 
     assistive technology program (or a national organization that 
     represents such programs) and the State advisory council 
     described in section 4(c)(2) (or a national organization that 
     represents such councils).
       ``(3) State training and technical assistance.--
       ``(A) Training and technical assistance efforts.--The 
     Secretary shall award a grant, contract, or cooperative 
     agreement to an entity to support a training and technical 
     assistance program that--
       ``(i) addresses State-specific information requests 
     concerning assistive technology from entities funded under 
     this Act and public entities not funded under this Act, 
     including--

       ``(I) requests for information on effective approaches to 
     Federal-State coordination of programs for individuals with 
     disabilities, related to improving funding for or access to 
     assistive technology devices and assistive technology 
     services for individuals with disabilities of all ages;
       ``(II) requests for state-of-the-art, or model, Federal, 
     State, and local laws, regulations, policies, practices, 
     procedures, and organizational structures, that facilitate, 
     and overcome barriers to, funding for, and access to, 
     assistive technology devices and assistive technology 
     services;
       ``(III) requests for information on effective approaches to 
     developing, implementing, evaluating, and sustaining 
     activities described in sections 4 and 5 and related to 
     improving funding for or access to assistive technology 
     devices and assistive technology services for individuals 
     with disabilities of all ages, and requests for assistance in 
     developing corrective action plans;
       ``(IV) requests for examples of policies, practices, 
     procedures, regulations, or judicial decisions that have 
     enhanced or may enhance access to funding for assistive 
     technology devices and assistive technology services for 
     individuals with disabilities;
       ``(V) requests for information on effective approaches to 
     the development of consumer-controlled systems that increase 
     access to, funding for, and awareness of, assistive 
     technology devices and assistive technology services; and
       ``(VI) other requests for training and technical assistance 
     from entities funded under this Act and public and private 
     entities not funded under this Act;

       ``(ii) assists targeted individuals and entities by 
     disseminating information about--

       ``(I) Federal, State, and local laws, regulations, 
     policies, practices, procedures, and organizational 
     structures, that facilitate, and overcome barriers to, 
     funding for, and access to, assistive technology devices and 
     assistive technology services, to promote fuller 
     independence, productivity, and inclusion in society for 
     individuals with disabilities of all ages; and
       ``(II) technical assistance activities undertaken under 
     clause (i);

       ``(iii) provides State-specific, regional, and national 
     training and technical assistance concerning assistive 
     technology to entities funded under this Act, other entities 
     funded under this Act, and public and private entities not 
     funded under this Act, including--

       ``(I) annually providing a forum for exchanging information 
     concerning, and promoting program and policy improvements in, 
     required activities of the State assistive technology 
     programs;
       ``(II) facilitating onsite and electronic information 
     sharing using state-of-the-art Internet technologies such as 
     real-time online discussions, multipoint video conferencing, 
     and web-based audio/video broadcasts, on emerging topics that 
     affect State assistive technology programs;
       ``(III) convening experts from State assistive technology 
     programs to discuss and make recommendations with regard to 
     national emerging issues of importance to individuals with 
     assistive technology needs;
       ``(IV) sharing best practice and evidence-based practices 
     among State assistive technology programs;
       ``(V) maintaining an accessible website that includes a 
     link to State assistive technology programs, appropriate 
     Federal departments and agencies, and private associations 
     and developing a national toll-free number that links callers 
     from a State with the State assistive technology program in 
     their State;
       ``(VI) developing or utilizing existing (as of the date of 
     the award involved) model cooperative volume-purchasing 
     mechanisms designed to reduce the financial costs of 
     purchasing assistive technology for required and 
     discretionary activities identified in section 4, and 
     reducing duplication of activities among State assistive 
     technology programs; and
       ``(VII) providing access to experts in the areas of 
     banking, microlending, and finance, for entities funded under 
     this Act, through site visits, teleconferences, and other 
     means, to ensure access to information for entities that are 
     carrying out new programs or programs that are not making 
     progress in achieving the objectives of the programs; and

       ``(iv) includes such other activities as the Secretary may 
     require.
       ``(B) Eligible entities.--To be eligible to receive a 
     grant, contract, or cooperative agreement under this 
     paragraph, an entity shall have (directly or through grant or 
     contract)--
       ``(i) experience and expertise in administering programs, 
     including developing, implementing, and administering the 
     required and discretionary activities described in sections 4 
     and 5, and providing technical assistance; and
       ``(ii) documented experience in and knowledge about 
     banking, finance, and microlending.
       ``(C) Collaboration.--In developing and providing training 
     and technical assistance under this paragraph, including 
     activities identified as priorities, a recipient of a grant, 
     contract, or cooperative agreement under this paragraph shall 
     collaborate with other organizations, in particular--
       ``(i) organizations representing individuals with 
     disabilities;
       ``(ii) national organizations representing State assistive 
     technology programs;
       ``(iii) organizations representing State officials and 
     agencies engaged in the delivery of assistive technology;
       ``(iv) the data-collection and reporting providers 
     described in paragraph (5); and
       ``(v) other providers of national programs or programs of 
     national significance funded under this Act.
       ``(4) National information internet system.--
       ``(A) In general.--The Secretary shall award a grant, 
     contract, or cooperative agreement to an entity to renovate, 
     update, and maintain the National Public Internet Site 
     established under this Act (as in effect on the day before 
     the date of enactment of the Assistive Technology Act of 
     2004).
       ``(B) Features of internet site.--The National Public 
     Internet Site shall contain the following features:
       ``(i) Availability of information at any time.--The site 
     shall be designed so that any member of the public may obtain 
     information posted on the site at any time.
       ``(ii) Innovative automated intelligent agent.--The site 
     shall be constructed with an innovative automated intelligent 
     agent that is a diagnostic tool for assisting users in 
     problem definition and the selection of appropriate assistive 
     technology devices and assistive technology services 
     resources.
       ``(iii) Resources.--

       ``(I) Library on assistive technology.--The site shall 
     include access to a comprehensive working library on 
     assistive technology for all environments, including home, 
     workplace, transportation, and other environments.
       ``(II) Information on accommodating individuals with 
     disabilities.--The site shall include access to evidence-
     based research and best practices concerning how assistive 
     technology

[[Page H9018]]

     can be used to accommodate individuals with disabilities in 
     the areas of education, employment, health care, community 
     living, and telecommunications and information technology.
       ``(III) Resources for a number of disabilities.--The site 
     shall include resources relating to the largest possible 
     number of disabilities, including resources relating to low-
     level reading skills.

       ``(iv) Links to private-sector resources and information.--
     To the extent feasible, the site shall be linked to relevant 
     private-sector resources and information, under agreements 
     developed between the recipient of the grant, contract, or 
     cooperative agreement and cooperating private-sector 
     entities.
       ``(v) Links to public-sector resources and information.--To 
     the extent feasible, the site shall be linked to relevant 
     public-sector resources and information, such as the Internet 
     sites of the Office of Special Education and Rehabilitation 
     Services of the Department of Education, the Office of 
     Disability Employment Policy of the Department of Labor, the 
     Small Business Administration, the Architectural and 
     Transportation Barriers Compliance Board, the Technology 
     Administration of the Department of Commerce, the Jobs 
     Accommodation Network funded by the Office of Disability 
     Employment Policy of the Department of Labor, and other 
     relevant sites.
       ``(vi) Minimum library components.--At a minimum, the site 
     shall maintain updated information on--

       ``(I) State assistive technology program demonstration 
     sites where individuals may try out assistive technology 
     devices;
       ``(II) State assistive technology program device loan 
     program sites where individuals may borrow assistive 
     technology devices;
       ``(III) State assistive technology program device 
     reutilization program sites;
       ``(IV) alternative financing programs or State financing 
     systems operated through, or independently of, State 
     assistive technology programs, and other sources of funding 
     for assistive technology devices; and
       ``(V) various programs, including programs with tax 
     credits, available to employers for hiring or accommodating 
     employees who are individuals with disabilities.

       ``(C) Eligible entity.--To be eligible to receive a grant, 
     contract, or cooperative agreement under this paragraph, an 
     entity shall be a nonprofit organization, for-profit 
     organization, or institution of higher education, that--
       ``(i) emphasizes research and engineering;
       ``(ii) has a multidisciplinary research center; and
       ``(iii) has demonstrated expertise in--

       ``(I) working with assistive technology and intelligent 
     agent interactive information dissemination systems;
       ``(II) managing libraries of assistive technology and 
     disability-related resources;
       ``(III) delivering to individuals with disabilities 
     education, information, and referral services, including 
     technology-based curriculum-development services for adults 
     with low-level reading skills;
       ``(IV) developing cooperative partnerships with the private 
     sector, particularly with private-sector computer software, 
     hardware, and Internet services entities; and
       ``(V) developing and designing advanced Internet sites.

       ``(5) Data-collection and reporting assistance.--
       ``(A) In general.--The Secretary shall award grants, 
     contracts, and cooperative agreements to entities to assist 
     the entities in carrying out State assistive technology 
     programs in developing and implementing effective data-
     collection and reporting systems that--
       ``(i) focus on quantitative and qualitative data elements;
       ``(ii) measure the outcomes of the required activities 
     described in section 4 that are implemented by the States and 
     the progress of the States toward achieving the measurable 
     goals described in section 4(d)(3);
       ``(iii) provide States with the necessary information 
     required under this Act or by the Secretary for reports 
     described in section 4(f)(2); and
       ``(iv) help measure the accrued benefits of the activities 
     to individuals who need assistive technology.
       ``(B) Eligible entities.--To be eligible to receive a 
     grant, contract, or cooperative agreement under this 
     paragraph, an entity shall have personnel with--
       ``(i) documented experience and expertise in administering 
     State assistive technology programs;
       ``(ii) experience in collecting and analyzing data 
     associated with implementing required and discretionary 
     activities;
       ``(iii) expertise necessary to identify additional data 
     elements needed to provide comprehensive reporting of State 
     activities and outcomes; and
       ``(iv) experience in utilizing data to provide annual 
     reports to State policymakers.
       ``(c) Application.--To be eligible to receive a grant, 
     contract, or cooperative agreement under this section, an 
     entity shall submit an application to the Secretary at such 
     time, in such manner, and containing such information as the 
     Secretary may require.
       ``(d) Input.--With respect to the activities described in 
     subsection (b) to be funded under this section, including the 
     national and regionally based training and technical 
     assistance efforts carried out through the activities, in 
     designing the activities the Secretary shall consider, and in 
     providing the activities providers shall include, input of 
     the directors of comprehensive statewide programs of 
     technology-related assistance, directors of alternative 
     financing programs, and other individuals the Secretary 
     determines to be appropriate, especially--
       ``(1) individuals with disabilities who use assistive 
     technology and understand the barriers to the acquisition of 
     such technology and assistive technology services;
       ``(2) family members, guardians, advocates, and authorized 
     representatives of such individuals;
       ``(3) individuals employed by protection and advocacy 
     systems funded under section 5;
       ``(4) relevant employees from Federal departments and 
     agencies, other than the Department of Education;
       ``(5) representatives of businesses; and
       ``(6) venders and public and private researchers and 
     developers.

     ``SEC. 7. ADMINISTRATIVE PROVISIONS.

       ``(a) General Administration.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Assistant Secretary for Special Education and 
     Rehabilitative Services of the Department of Education, 
     acting through the Rehabilitation Services Administration, 
     shall be responsible for the administration of this Act.
       ``(2) Collaboration.--The Assistant Secretary for Special 
     Education and Rehabilitative Services shall consult with the 
     Office of Special Education Programs, the Rehabilitation 
     Services Administration, and the National Institute on 
     Disability and Rehabilitation Research in the Office of 
     Special Education and Rehabilitative Services, and 
     appropriate Federal entities in the administration of this 
     Act.
       ``(3) Administration.--In administering this Act, the 
     Rehabilitation Services Administration shall ensure that 
     programs funded under this Act will address the needs of 
     individuals with disabilities of all ages, whether the 
     individuals will use the assistive technology to obtain or 
     maintain employment, to obtain education, or for other 
     reasons.
       ``(4) Orderly transition.--
       ``(A) In general.--The Secretary shall take such steps as 
     the Secretary determines to be appropriate to provide for the 
     orderly transition to, and implementation of, programs 
     authorized by this Act, from programs authorized by the 
     Assistive Technology Act of 1998, as in effect on the day 
     before the date of enactment of the Assistive Technology Act 
     of 2004.
       ``(B) Cessation of effectiveness.--Subparagraph (A) ceases 
     to be effective on the date that is 6 months after the date 
     of enactment of the Assistive Technology Act of 2004.
       ``(b) Review of Participating Entities.--
       ``(1) In general.--The Secretary shall assess the extent to 
     which entities that receive grants under this Act are 
     complying with the applicable requirements of this Act and 
     achieving measurable goals that are consistent with the 
     requirements of the grant programs under which the entities 
     received the grants.
       ``(2) Provision of information.--To assist the Secretary in 
     carrying out the responsibilities of the Secretary under this 
     section, the Secretary may require States to provide relevant 
     information, including the information required under 
     subsection (d).
       ``(c) Corrective Action and Sanctions.--
       ``(1) Corrective action.--If the Secretary determines that 
     an entity that receives a grant under this Act fails to 
     substantially comply with the applicable requirements of this 
     Act, or to make substantial progress toward achieving the 
     measurable goals described in subsection (b)(1) with respect 
     to the grant program, the Secretary shall assist the entity, 
     through technical assistance funded under section 6 or other 
     means, within 90 days after such determination, to develop a 
     corrective action plan.
       ``(2) Sanctions.--If the entity fails to develop and comply 
     with a corrective action plan described in paragraph (1) 
     during a fiscal year, the entity shall be subject to 1 of the 
     following corrective actions selected by the Secretary:
       ``(A) Partial or complete termination of funding under the 
     grant program, until the entity develops and complies with 
     such a plan.
       ``(B) Ineligibility to participate in the grant program in 
     the following year.
       ``(C) Reduction in the amount of funding that may be used 
     for indirect costs under section 4 for the following year.
       ``(D) Required redesignation of the lead agency designated 
     under section 4(c)(1) or an entity responsible for 
     administering the grant program.
       ``(3) Appeals procedures.--The Secretary shall establish 
     appeals procedures for entities that are determined to be in 
     noncompliance with the applicable requirements of this Act, 
     or have not made substantial progress toward achieving the 
     measurable goals described in subsection (b)(1).
       ``(4) Secretarial action.--As part of the annual report 
     required under subsection (d), the Secretary shall describe 
     each such action taken under paragraph (1) or (2) and the 
     outcomes of each such action.
       ``(5) Public notification.--The Secretary shall notify the 
     public, by posting on the Internet website of the Department 
     of Education, of each action taken by the Secretary under 
     paragraph (1) or (2). As a part of such notification, the 
     Secretary shall describe each such action taken under 
     paragraph (1) or (2) and the outcomes of each such action.
       ``(d) Annual Report to Congress.--
       ``(1) In general.--Not later than December 31 of each year, 
     the Secretary shall prepare, and submit to the President and 
     to the Committee on Education and the Workforce of the House 
     of Representatives and the Committee on Health, Education, 
     Labor, and Pensions of the Senate, a report on the activities 
     funded under this Act to improve the access of individuals 
     with disabilities to assistive technology devices and 
     assistive technology services.
       ``(2) Contents.--Such report shall include--
       ``(A) a compilation and summary of the information provided 
     by the States in annual progress reports submitted under 
     section 4(f); and

[[Page H9019]]

       ``(B) a summary of the State applications described in 
     section 4(d) and an analysis of the progress of the States in 
     meeting the measurable goals established in State 
     applications under section 4(d)(3).
       ``(e) Construction.--Nothing in this section shall be 
     construed to affect the enforcement authority of the 
     Secretary, another Federal officer, or a court under part D 
     of the General Education Provisions Act (20 U.S.C. 1234 et 
     seq.) or other applicable law.
       ``(f) Effect on Other Assistance.--This Act may not be 
     construed as authorizing a Federal or State agency to reduce 
     medical or other assistance available, or to alter 
     eligibility for a benefit or service, under any other Federal 
     law.
       ``(g) Rule.--The Assistive Technology Act of 1998 (as in 
     effect on the day before the date of enactment of the 
     Assistive Technology Act of 2004) shall apply to funds 
     appropriated under the Assistive Technology Act of 1998 for 
     fiscal year 2004.

     ``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) State Grants for Assistive Technology and National 
     Activities.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out sections 4 and 6 such sums as may be necessary 
     for each of fiscal years 2005 through 2010.
       ``(2) Reservation.--
       ``(A) Definition.--In this paragraph, the term `higher 
     appropriation year' means a fiscal year for which the amount 
     appropriated under paragraph (1) and made available to carry 
     out section 4 is at least $665,000 greater than the amount 
     that--
       ``(i) was appropriated under section 105 of this Act (as in 
     effect on October 1, 2003) for fiscal year 2004; and
       ``(ii) was not reserved for grants under section 102 or 104 
     of this Act (as in effect on such date) for fiscal year 2004.
       ``(B) Amount reserved for national activities.--Of the 
     amount appropriated under paragraph (1) for a fiscal year--
       ``(i) not more than $1,235,000 may be reserved to carry out 
     section 6, except as provided in clause (ii); and
       ``(ii) for a higher appropriation year--

       ``(I) not more than $1,900,000 may be reserved to carry out 
     section 6; and
       ``(II) of the amount so reserved, the portion exceeding 
     $1,235,000 shall be used to carry out paragraphs (1) and (2) 
     of section 6(b).

       ``(b) State Grants for Protection and Advocacy Services 
     Related to Assistive Technology.--There are authorized to be 
     appropriated to carry out section 5 $4,419,000 for fiscal 
     year 2005 and such sums as may be necessary for each of 
     fiscal years 2006 through 2010.''.

     SEC. 3. CONFORMING AMENDMENTS.

       (a) Developmental Disabilities Assistance and Bill of 
     Rights Act of 2000.--The Developmental Disabilities 
     Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et 
     seq.) is amended--
       (1) in section 124(c)(3)(B), by striking ``section 101 or 
     102 of the Assistive Technology Act of 1998 (29 U.S.C. 3011, 
     3012)'' and inserting ``section 4 or 5 of the Assistive 
     Technology Act of 1998'';
       (2) in section 125(c)(5)(G)(i), by striking ``section 101 
     or 102 of the Assistive Technology Act of 1998 (29 U.S.C. 
     3011, 3012)'' and inserting ``section 4 or 5 of the Assistive 
     Technology Act of 1998'';
       (3) in section 143(a)(2)(D)(ii), by striking ``section 101 
     or 102 of the Assistive Technology Act of 1998 (29 U.S.C. 
     3011, 3012)'' and inserting ``section 4 or 5 of the Assistive 
     Technology Act of 1998''; and
       (4) in section 154(a)(3)(E)(ii)(VI), by striking ``section 
     101 or 102 of the Assistive Technology Act of 1998 (29 U.S.C. 
     3011, 3012)'' and inserting ``section 4 or 5 of the Assistive 
     Technology Act of 1998''.
       (b) Rehabilitation Act of 1973.--The Rehabilitation Act of 
     1973 (29 U.S.C. 701 et seq.) is amended--
       (1) in section 203, by striking subsection (e) and 
     inserting the following:
       ``(e) In this section--
       ``(1) the terms `assistive technology' and `universal 
     design' have the meanings given the terms in section 3 of the 
     Assistive Technology Act of 1998; and
       ``(2) the term `targeted individuals' has the meaning given 
     the term `targeted individuals and entities' in section 3 of 
     the Assistive Technology Act of 1998.'';
       (2) in section 401(c)(2), by striking ``targeted 
     individuals'' and inserting ``targeted individuals and 
     entities''; and
       (3) in section 502(d), by striking ``targeted individuals'' 
     and inserting ``targeted individuals and entities''.

  Mr. McKEON (during the reading). Mr. Speaker, I ask unanimous consent 
that the Senate amendment be considered as read and printed in the 
Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from California?
  There was no objection.
  A motion to reconsider was laid on the table.
  Mr. KILDEE. Mr. Speaker, I rise in strong support of H.R. 4278. The 
bill is the culmination of many months of bipartisan and bicameral 
efforts to reauthorize the Assistive Technology Act. This law is an 
important component in ensuring that individuals with disabilities can 
access assistive technology to attend school, maintain employment, and 
live independently.
  As Members know, this bill is critically needed. This legislation 
finally ensures that State grant programs can count on a stable source 
of Federal funds to support their operations. The last reauthorization 
of the Assistive Technology Act in 1998 sunset the State grant program. 
For the past 3 years, many States have wondered whether a certain year 
would be their last year of Federal funding. This bill erases this 
doubt by ensuring that all States will be eligible for funding through 
2010.
  I want to mention the inclusion of the American Indian consortium as 
a funded protection and advocacy system under this legislation. 
Individuals with disabilities in Indian country are some of the most 
disadvantaged when it comes to the ability to access assistive 
technology. This bill will provide resources to this consortium to 
ensure the needs of Native Americans seeking assistive technology are 
represented. This provision alone will have a tremendously positive 
impact on Indian country.
  The momentum behind this bill would not have been possible without a 
real bipartisan effort to move this bill. I want to thank Chairman 
Boehner and McKeon and their staff for working closely with myself and 
my staff. I also want to thank Senators Kennedy and Gregg and their 
staff for their hard work on this bill. We have truly created a bill 
that will improve the ability of individuals with disabilities to 
access assistive technology. This legislation is an excellent example 
of what we can accomplish if we put our efforts into working together.
  Mr. McKEON. Mr. Speaker, I rise today in support of H.R. 4278, the 
``Improving Access to Assistive Technology for Individuals with 
Disabilities Act of 2004.'' This legislation reauthorizes and reforms 
the Assistive Technology Act, which was recrated in 1988.
  By providing seed money to establish state-wide systems, the Federal 
Government has played an important role in helping States develop 
systems to provide access to assistive technology devices and services 
for individuals with disabilities. Since enactment, all 50 States, the 
District of Columbia, Puerto Rico, and the outlying areas have 
established systems of some design and scope. In 1998, we added the 
alternative financing program as a competitive grant program, and we 
have seen many States make wonderful progress in expanding the 
opportunities made available to individuals with disabilities.
  The original law contained a sunset provision in which the funding 
for these activities would expire after 10 years. However, the program 
has continued to receive funds for the past 6 years, even though the 
initial 10 years were completed. It is necessary to reauthorize this 
act to ensure that these programs continue to meet the needs of 
individuals with disabilities. The Federal funds distributed to States 
over the last 16 years have allowed States to set up the needed 
infrastructure to support assistive technology systems. To continue the 
success of the assistive technology programs and to ensure that Federal 
money is used to best provide services to individuals with 
disabilities, significant reform of the Assistive Technology Act is 
needed.
  This bill shifts the focus of the program to provide greater direct 
benefit to individuals with disabilities. Our goal is to help States 
get more assistive technology directly into the hands of individuals 
with disabilities. This new focus expands the reach of the State 
programs by moving away from support of administrative activities and 
emphasizing the importance of getting the technology itself to the 
individuals with disabilities that need it. I know that this will help 
States continue to make progress in their efforts to expand access to 
assistive technology, and that increasing numbers of individuals with 
disabilities will be able to participate in society more fully every 
day.
  Although we are refocusing the program, we certainly recognize the 
importance of State flexibility, and our bill maintains that important 
element of the program. We direct States to focus their efforts on 
putting technology into the hands of individuals with disabilities, but 
allow them the freedom to decide how they would go about that and which 
efforts will work best in their State to accomplish that goal.
  States have two options in regards to their expenditures of Federal 
funds. In one option, States could allocate 70 percent of the resources 
to State level activities and spend no more than 30 percent on State 
leadership activities. State level activities are more focused on 
directly giving individuals with disabilities assistive technology 
access and services, while State leadership activities are more 
administrative. Under this option, the States would have full 
flexibility to select the activities in each category that they would 
support.

  In the other option, States could choose to spend 60 percent of the 
resources on State level activities and no more than 40 percent on 
State leadership activities. However, the State would be required to 
support two particular State level activities, the alternative 
financing program and the device loan program. I believe that the 
increased focus on

[[Page H9020]]

State level activities coupled with the State flexibility will 
drastically improve the program and the assistance and services it 
provides to individuals with disabilities.
  I am pleased with the changes that H.R. 4278 makes to the Assistive 
Technology Act, and I believe that they will greatly improve the lives 
of those affected by a disability. In crafting this legislation, we 
worked with our friends across the aisle, our friends in the disability 
community, and our State directors. I believe we have come up with a 
creative proposal that will give States significant flexiblity while 
also ensuring that the focus of the program does shift in the right 
direction. The reforms we have crafted in this bill respond to the 
concerns of the critics of this program, and will place the program on 
solid footing for continued and future success.
  I would like to thank Mr. Kildee and his staff, for the long hours 
that have gone into this process so far. I would also like to thank Jim 
Ramstad and Jim Langevin for their support for this important 
legislation. As cochairs of the Disability Caucus, they know the 
importance of this legislation and I am glad to have their support 
today. I am very pleased with this bill, and I am glad to say we have 
been able to come together in a bipartisan way to improve this 
important program. I would also like to thank our friends in the 
disability community for working with us so diligently throughout this 
process. Your support for this legislation is valued and it is 
important that this has been such an open and deliberative process.
  I strongly support H.R. 4278, the ``Improving Access to Assistive 
Technology for Individuals with Disabilities Act of 2004,'' and I urge 
my colleagues to do the same.

                          ____________________