[Congressional Record (Bound Edition), Volume 150 (2004), Part 9]
[House]
[Pages 12018-12025]
[From the U.S. Government Publishing Office, www.gpo.gov]




     IMPROVING ACCESS TO ASSISTIVE TECHNOLOGY FOR INDIVIDUALS WITH 
                        DISABILITIES ACT OF 2004

  Mr. CASTLE. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 4278) to amend the Assistive Technology Act of 1998 to 
support programs of grants to States to address the assistive 
technology needs of individuals with disabilities, and for other 
purposes, as amended.
  The Clerk read as follows:

                               H.R. 4278

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Improving Access to 
     Assistive Technology for Individuals with Disabilities Act of 
     2004''.

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

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

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

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

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

     ``SEC. 2. FINDINGS AND PURPOSES.

       ``(a) Findings.--Congress finds the following:
       ``(1) Disability is a natural part of the human experience 
     and in no way diminishes the right of individuals to--
       ``(A) live independently;
       ``(B) enjoy self-determination and make choices;
       ``(C) benefit from an education;
       ``(D) pursue meaningful careers; and
       ``(E) enjoy full inclusion and integration in the economic, 
     political, social, cultural, and educational mainstream of 
     society in the United States.
       ``(2) Technology is one of the primary engines for economic 
     activity, education, and innovation in the Nation, and 
     throughout the world. The commitment of the United States to 
     the development and utilization of technology is one of the 
     main factors underlying the strength and vibrancy of the 
     economy of the United States.
       ``(3) As technology has come to play an increasingly 
     important role in the lives of all persons in the United 
     States, in the conduct of business, in the functioning of 
     government, in the fostering of communication, in the conduct 
     of commerce, and in the provision of education, its impact 
     upon the lives of individuals with disabilities in the United 
     States has been comparable to its impact upon the remainder 
     of the citizens of the United States. Any development in 
     mainstream technology would have profound implications for 
     individuals with disabilities in the United States.
       ``(4) Over the last 15 years, the Federal Government has 
     invested in the development of statewide comprehensive 
     systems to help individuals with disabilities gain access to 
     assistive technology devices and services. This partnership 
     with States provided an important service to individuals with 
     disabilities by strengthening the capacity of each State to 
     assist individuals with disabilities of all ages with their 
     assistive technology needs.
       ``(5) Substantial progress has been made in the development 
     of assistive technology devices, including adaptations to 
     existing devices that facilitate activities of daily living, 
     that significantly benefit individuals with disabilities of 
     all ages. These devices and adaptations increase the 
     involvement, and reduce expenditures associated with, 
     programs and activities that facilitate communication, ensure 
     independent living and functioning, enable early childhood 
     development, support educational achievement, provide and 
     enhance employment options, and enable full participation in 
     community living and recreation for individuals with 
     disabilities.
       ``(6) Despite the success of the Federal-State partnership 
     in providing access to assistive technology and services, 
     there is a continued need to provide information about

[[Page 12019]]

     the availability of assistive technology, advances in 
     improving accessibility and functionality of assistive 
     technology, and appropriate methods to secure and utilize 
     assistive technology in order to maximize their independence 
     and participation of individuals with disabilities in 
     society.
       ``(b) Purposes.--The purposes of this Act are--
       ``(1) to support State efforts to improve the provision of 
     assistive technology to individuals with disabilities through 
     comprehensive statewide programs of technology-related 
     assistance, for individuals with disabilities of all ages, 
     that are designed to--
       ``(A) increase the availability of, funding for, access to, 
     provision of, and training about assistive technology devices 
     and assistive technology services;
       ``(B) increase the ability of individuals with disabilities 
     of all ages to secure and maintain possession of assistive 
     technology devices as such individuals make the transition 
     between services offered by human service agencies or between 
     settings of daily living (for example, between home and 
     work);
       ``(C) increase the capacity of public agencies and private 
     entities to provide and pay for assistive technology devices 
     and assistive technology services on a statewide basis for 
     individuals with disabilities of all ages;
       ``(D) increase the involvement of individuals with 
     disabilities and, if appropriate, their family members, 
     guardians, advocates, and authorized representatives, in 
     decisions related to the provision of assistive technology 
     devices and assistive technology services;
       ``(E) increase and promote coordination among State 
     agencies, between State and local agencies, among local 
     agencies, and between State and local agencies and private 
     entities (such as managed care providers), that are involved 
     or are eligible to be involved in carrying out activities 
     under this Act;
       ``(F) increase the awareness and facilitate the change of 
     laws, regulations, policies, practices, procedures, and 
     organizational structures, that facilitate the availability 
     or provision of assistive technology devices and assistive 
     technology services; and
       ``(G) increase awareness and knowledge of the benefits of 
     assistive technology devices and assistive technology 
     services among targeted individuals and the general 
     population; and
       ``(2) to provide States with financial assistance that 
     supports programs designed to maximize the ability of 
     individuals with disabilities and their family members, 
     guardians, advocates, and authorized representatives to 
     obtain assistive technology devices and assistive technology 
     services.

     ``SEC. 3. DEFINITIONS.

       ``In this Act:
       ``(1) Advocacy services.--The term `advocacy services', 
     except as used as part of the term `protection and advocacy 
     services', means services provided to assist individuals with 
     disabilities and their family members, guardians, advocates, 
     and authorized representatives in accessing assistive 
     technology devices and assistive technology services.
       ``(2) American indian consortium.--The term `American 
     Indian Consortium' has the meaning given the term in section 
     102(1) of the Developmental Disabilities Assistance and Bill 
     of Rights Act of 2000 and that is established to provide 
     protection and advocacy services for purposes of receiving 
     funding under subtitle C of title I of such Act.
       ``(3) Assistive technology.--The term `assistive 
     technology' means technology designed to be utilized in an 
     assistive technology device or assistive technology service.
       ``(4) Assistive technology device.--The term `assistive 
     technology device' means any item, piece of equipment, or 
     product system, whether acquired commercially, modified, or 
     customized, that is used to increase, maintain, or improve 
     functional capabilities of individuals with disabilities.
       ``(5) Assistive technology service.--The term `assistive 
     technology service' means any service that directly assists 
     an individual with a disability in the selection, 
     acquisition, or use of an assistive technology device. Such 
     term includes--
       ``(A) the evaluation of the assistive technology needs of 
     an individual with a disability, including a functional 
     evaluation of the impact of the provision of appropriate 
     assistive technology and appropriate services to the 
     individual in the customary environment of the individual;
       ``(B) services consisting of purchasing, leasing, or 
     otherwise providing for the acquisition of assistive 
     technology devices by individuals with disabilities;
       ``(C) services consisting of selecting, designing, fitting, 
     customizing, adapting, applying, maintaining, repairing, or 
     replacing assistive technology devices;
       ``(D) coordination and use of necessary therapies, 
     interventions, or services with assistive technology devices, 
     such as therapies, interventions, or services associated with 
     education and rehabilitation plans and programs;
       ``(E) training or technical assistance for an individual 
     with disabilities, or, where appropriate, the family members, 
     guardians, advocates, or authorized representatives of such 
     an individual; and
       ``(F) training or technical assistance for professionals 
     (including individuals providing education and rehabilitation 
     services), employers, or other individuals who provide 
     services to, employ, or are otherwise substantially involved 
     in the major life functions of individuals with disabilities.
       ``(6) Capacity building and advocacy activities.--The term 
     `capacity building and advocacy activities' means efforts 
     that--
       ``(A) result in laws, regulations, policies, practices, 
     procedures, or organizational structures that promote 
     consumer-responsive programs or entities; and
       ``(B) facilitate and increase access to, provision of, and 
     funding for, assistive technology devices and assistive 
     technology services,
     in order to empower individuals with disabilities to achieve 
     greater independence, productivity, and integration and 
     inclusion within the community and the workforce.
       ``(7) Comprehensive statewide program of technology-related 
     assistance.--The term `comprehensive statewide program of 
     technology-related assistance' means a consumer-responsive 
     program of technology-related assistance for individuals with 
     disabilities, implemented by a State, and equally available 
     to all individuals with disabilities residing in the State, 
     regardless of their type of disability, age, income level, or 
     location of residence in the State, or the type of assistive 
     technology device or assistive technology service required.
       ``(8) Consumer-responsive.--The term `consumer-
     responsive'--
       ``(A) with regard to policies, means that the policies are 
     consistent with the principles of--
       ``(i) respect for individual dignity, personal 
     responsibility, self-determination, and pursuit of meaningful 
     careers, based on informed choice, of individuals with 
     disabilities;
       ``(ii) respect for the privacy, rights, and equal access 
     (including the use of accessible formats) of such 
     individuals;
       ``(iii) inclusion, integration, and full participation of 
     such individuals in society;
       ``(iv) support for the involvement in decisions of a family 
     member, a guardian, an advocate, or an authorized 
     representative, if an individual with a disability requests, 
     desires, or needs such involvement; and
       ``(v) support for individual and systems advocacy and 
     community involvement; and
       ``(B) with respect to an entity, program, or activity, 
     means that the entity, program, or activity--
       ``(i) is easily accessible to, and usable by, individuals 
     with disabilities and, when appropriate, their family 
     members, guardians, advocates, or authorized representatives;
       ``(ii) responds to the needs of individuals with 
     disabilities in a timely and appropriate manner; and
       ``(iii) facilitates the full and meaningful participation 
     of individuals with disabilities (including individuals from 
     underrepresented populations and rural populations) and their 
     family members, guardians, advocates, and authorized 
     representatives, in--

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

       ``(9) Disability.--The term `disability' means a condition 
     of an individual that is considered to be a disability or 
     handicap for the purposes of any Federal law other than this 
     Act or for the purposes of the law of the State in which the 
     individual resides.
       ``(10) Individual with a disability; individuals with 
     disabilities.--
       ``(A) Individual with a disability.--The term `individual 
     with a disability' means any individual of any age, race, or 
     ethnicity--
       ``(i) who has a disability; and
       ``(ii) who is or would be enabled by an assistive 
     technology device or an assistive technology service to 
     minimize deterioration in functioning, to maintain a level of 
     functioning, or to achieve a greater level of functioning in 
     any major life activity.
       ``(B) Individuals with disabilities.--The term `individuals 
     with disabilities' means more than one individual with a 
     disability.
       ``(11) Institution of higher education.--The term 
     `institution of higher education' has the meaning given such 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1141(a)), and includes a community college receiving 
     funding under the Tribally Controlled Community College 
     Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
       ``(12) Protection and advocacy services.--The term 
     `protection and advocacy services' means services that--
       ``(A) are described in part C of the Developmental 
     Disabilities Assistance and Bill of Rights Act (42 U.S.C. 
     6041 et seq.), the Protection and Advocacy for Mentally Ill 
     Individuals Act of 1986 (42 U.S.C. 10801 et seq.), or section 
     509 of the Rehabilitation Act of 1973; and
       ``(B) assist individuals with disabilities with respect to 
     assistive technology devices and assistive technology 
     services.
       ``(13) Secretary.--The term `Secretary' means the Secretary 
     of Education.

[[Page 12020]]

       ``(14) State.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `State' means each of the several States of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the United States Virgin Islands, Guam, American 
     Samoa, and the Commonwealth of the Northern Mariana Islands.
       ``(B) Outlying areas.--In sections 4(c) and 5(b):
       ``(i) Outlying area.--The term `outlying area' means the 
     United States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands.
       ``(ii) State.--The term `State' does not include the United 
     States Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands.
       ``(15) Targeted individuals.--The term `targeted 
     individuals' means--
       ``(A) individuals with disabilities of all ages and their 
     family members, guardians, advocates, and authorized 
     representatives;
       ``(B) individuals who work for public or private entities 
     (including insurers or managed care providers), that have 
     contact with individuals with disabilities;
       ``(C) educators and related services personnel;
       ``(D) technology experts (including engineers);
       ``(E) health and allied health professionals;
       ``(F) employers; and
       ``(G) other appropriate individuals and entities.
       ``(16) Technology-related assistance.--The term 
     `technology-related assistance' means assistance provided 
     through capacity building and advocacy activities that 
     accomplish the purposes described in any of subparagraphs (A) 
     through (G) of section 2(b)(1).
       ``(17) Underrepresented population.--The term 
     `underrepresented population' means a population that is 
     typically underrepresented in service provision, and includes 
     populations such as persons who have low-incidence 
     disabilities, persons who are minorities, poor persons, 
     persons with limited-English proficiency, older individuals, 
     or persons from rural areas.
       ``(18) Universal design.--The term `universal design' means 
     a concept or philosophy for designing and delivering products 
     and services that are usable by people with the widest 
     possible range of functional capabilities, which include 
     products and services that are directly usable (without 
     requiring assistive technologies) and products and services 
     that are made usable with assistive technologies.

     ``SEC. 4. GRANTS TO STATES FOR PURCHASE OF ASSISTIVE 
                   TECHNOLOGY DEVICES AND ASSISTIVE TECHNOLOGY 
                   SERVICES.

       ``(a) Grants to States.--The Secretary shall award grants, 
     in accordance with this section, to States to maintain 
     comprehensive statewide programs of technology related 
     assistance to support programs that are designed to maximize 
     the ability of individuals with disabilities and their family 
     members, guardians, advocates, and authorized representatives 
     to obtain assistive technology devices and assistive 
     technology services.
       ``(b) Use of Funds.--
       ``(1) In general.--
       ``(A) Required activities.--Except as provided in 
     subparagraph (C), any State that receives a grant under this 
     section shall use a portion of the funds made available 
     through the grant to carry out the activities described in 
     subparagraphs (A) and (B) of paragraph (2).
       ``(B) Discretionary activities.--Any State that receives a 
     grant under this section may use the funds made available 
     through the grant to carry out the activities described in 
     subparagraph (C) or (D) of paragraph (2).
       ``(C) Special rule.--Any State in which financial support 
     for the activities described in subparagraph (A) or (B) of 
     paragraph (2) is provided from State or other resources shall 
     not be required to expend the funds provided under the grant 
     to carry out the activities described in subparagraph (A) or 
     (B), as the case may be. Such financial support shall be 
     comparable to the amount of the grant the State would 
     otherwise have expended for such activities.
       ``(2) State-level activities.--
       ``(A) State finance systems.--The State shall support 
     activities to increase access to, and funding for, assistive 
     technology devices and assistive technology services, 
     including the development of systems to provide assistive 
     technology devices and assistive technology services to 
     individuals with disabilities of all ages, and that pay for 
     such devices and services, such as--
       ``(i) the development of systems for the purchase, lease, 
     other acquisition, or payment for the provision of assistive 
     technology devices and assistive technology services; or
       ``(ii) the establishment of alternative State or privately 
     funded systems of subsidies for the provision of assistive 
     technology devices or assistive technology services, such 
     as--

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

       ``(B) Device loan programs.--The State shall directly, or 
     in collaboration with public or private entities, carry out 
     device loan programs that support the short-term loan of 
     assistive technology devices to individuals, employers, 
     public agencies, public accommodations, or others seeking to 
     meet the needs of targeted individuals, including to comply 
     with the Individuals with Disabilities Education Act, the 
     Americans with Disabilities Act of 1990, and section 504 of 
     the Rehabilitation Act of 1973.
       ``(C) Device reutilization programs.--The State shall 
     directly, or in collaboration with public or private 
     entities, carry out assistive technology device reutilization 
     programs that provide for the exchange, recycling, or other 
     reutilization of assistive technology devices, which may 
     include redistribution through device and equipment loans, 
     rentals, or gifts.
       ``(D) Device demonstration program.--The State shall 
     directly, or in collaboration with public or private 
     entities, carry out assistive technology device demonstration 
     programs that provide for the ability of targeted individuals 
     to learn about the use and operation of assistive technology 
     devices.
       ``(3) State leadership activities.--
       ``(A) In general.--Any State that receives a grant under 
     this section may use up to 40 percent of the funds made 
     available through the grant to carry out the activities 
     described in subparagraph (B).
       ``(B) Required activities.--The State shall support--
       ``(i) public awareness activities designed to provide 
     information to targeted individuals relating to the 
     availability and benefits of assistive technology devices and 
     assistive technology services, including--

       ``(I) the development and dissemination of information 
     relating to--

       ``(aa) the nature of assistive technology devices and 
     assistive technology services;
       ``(bb) the appropriateness of, cost of, availability of, 
     evaluation of, and access to, assistive technology devices 
     and assistive technology services; and
       ``(cc) the benefits of assistive technology devices and 
     assistive technology services with respect to enhancing the 
     capacity of individuals with disabilities of all ages to 
     perform activities of daily living;

       ``(II) the development of procedures for providing direct 
     communication between providers of assistive technology and 
     targeted individuals, which may include partnerships with the 
     State and local workforce investment system established under 
     the Workforce Investment Act of 1998, State vocational 
     rehabilitation centers, public and private employers, or 
     elementary and secondary public schools; and
       ``(III) the development and dissemination, to targeted 
     individuals, of information about State efforts related to 
     assistive technology; and
       ``(IV) the distribution of materials to appropriate public 
     and private agencies that provide social, medical, 
     educational, employment, and transportation services to 
     individuals with disabilities.

       ``(ii) technical assistance and training on--

       ``(I) the development of training materials and the conduct 
     of training in the use of assistive technology devices and 
     assistive technology services;
       ``(II) providing technical assistance, including technical 
     assistance concerning how--

       ``(aa) to consider the needs of an individual with a 
     disability for assistive technology devices and assistive 
     technology services in developing any individualized plan or 
     program authorized under Federal or State law; and
       ``(bb) to increase consumer participation regarding 
     assistive technology devices and assistive technology 
     services; and

       ``(III) the enhancement of the assistive technology skills 
     and competencies of--

       ``(aa) individuals who work for public or private entities 
     (including insurers and managed care providers), who have 
     contact with individuals with disabilities;
       ``(bb) educators and related services personnel;
       ``(cc) technology experts (including engineers);
       ``(dd) health and allied health professionals;
       ``(ee) employers; and
       ``(ff) other appropriate personnel; and
       ``(iii) outreach and support to statewide and community-
     based organizations that provide assistive technology devices 
     and assistive technology services to individuals with 
     disabilities or that assist individuals with disabilities in 
     using assistive technology devices and assistive technology 
     services, including a focus on organizations assisting 
     individuals from underrepresented populations and rural 
     populations, and further including support such as outreach 
     to consumer organizations and groups in the State to 
     coordinate efforts to assist individuals with disabilities of 
     all ages and their family members, guardians, advocates, or 
     authorized representatives, to obtain funding for, access to, 
     and information on evaluation of assistive technology devices 
     and assistive technology services.

[[Page 12021]]

       ``(C) Authorized activities.--The State may support the 
     operation and administration of the activities in paragraph 
     (2), through interagency coordination to develop and promote 
     the adoption of policies that improve access to assistive 
     technology devices and assistive technology services for 
     individuals with disabilities of all ages in the State and 
     that result in improved coordination among public and private 
     entities that are responsible or have the authority to be 
     responsible, for policies, procedures, or funding for, or the 
     provision of assistive technology devices and assistive 
     technology services to, such individuals.
       ``(4) Indirect costs.--Not more than 10 percent of the 
     funds made available through a grant to a State under this 
     section may be used for indirect costs.
       ``(5) Prohibition.--Funds made available through a grant to 
     a State under this section shall not be used for direct 
     payment for an assistive technology device for an individual 
     with a disability.
       ``(6) State flexibility.--
       ``(A) In general.--Notwithstanding paragraph (1)(A) and 
     subject to subparagraph (B), a State may use funds that it 
     receives under a grant under this section to carry out any of 
     the activities described in paragraph (2).
       ``(B) Special rule.--Notwithstanding paragraph (3)(A), any 
     State which exercises its authority under subparagraph (A) 
     may not use more than 30 percent of the funds made available 
     through the grant to carry out the activities described in 
     paragraph (3)(B).
       ``(c) Amount of Financial Assistance.--
       ``(1) Grants to outlying areas.--From the funds 
     appropriated under section 8(a) for any fiscal year for 
     grants under this section, the Secretary shall make a grant 
     in an amount of not more than $105,000 to each eligible 
     outlying area.
       ``(2) Grants to states.--From the funds described in 
     paragraph (1) that are not used to make grants under 
     paragraph (1), the Secretary shall make grants to States in 
     accordance with the requirements described in paragraph (3).
       ``(3) Calculation of state grants.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall allocate funds to each State for a fiscal 
     year in an amount that bears the same ratio as the population 
     of the State bears to the population of all States.
       ``(B) Minimum allotment.--A State shall receive an amount 
     under a grant for a fiscal year that is not less than the 
     amount the State received under the grant provided under 
     title I of this Act (as in effect on the day before the date 
     of the enactment of the Improving Access to Assistive 
     Technology for Individuals with Disabilities Act of 2004) for 
     fiscal year 2004.
       ``(C) Ratable reductions.--
       ``(i) In general.--If amounts made available to carry out 
     this section for any fiscal year are insufficient to meet the 
     minimum allotment requirement for each State under 
     subparagraph (B) for such fiscal year, the Secretary shall 
     ratably reduce such amounts for such fiscal year.
       ``(ii) Additional funds.--If additional funds become 
     available for making payments described under this subsection 
     for any such fiscal year, the amounts that were reduced under 
     clause (i) shall be increased on the same basis as such 
     amounts were reduced.
       ``(d) Lead Agency.--
       ``(1) Designation.--To be eligible to receive a grant under 
     this section, the Governor of the State shall designate in 
     accordance with paragraph (2) a lead agency to administer the 
     grant under this section.
       ``(2) Eligible entities.--For purposes of paragraph (1), 
     the Governor of the State may designate one of the following:
       ``(A) The State agency responsible for the administration 
     of vocational rehabilitation in the State.
       ``(B) A commission, council, or other official body 
     appointed by the Governor.
       ``(C) A public-private partnership or consortium.
       ``(D) A public agency (including the office of the 
     Governor, a State oversight office, a State agency, a public 
     institution of higher education, or other public entity).
       ``(E) A council established under Federal or State law.
       ``(F) An organization described in section 501(c)(3) of 
     Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of that Act.
       ``(G) Another appropriate office, agency, entity, or 
     organization.
       ``(3) Duties of the lead agency.--The duties of the lead 
     agency shall include--
       ``(A) submitting the application described in subsection 
     (e) on behalf of the State;
       ``(B) administering and supervising the use of amounts made 
     available under the grant received by the State under this 
     section;
       ``(C) (i) coordinating efforts related to, and supervising 
     the preparation of, the application described in subsection 
     (e);
       ``(ii) coordinating, maintaining, and evaluating the 
     comprehensive statewide program of technology-related 
     assistance among public agencies and between public agencies 
     and private entities, including coordinating efforts related 
     to entering into interagency agreements; and
       ``(iii) coordinating efforts, especially efforts carried 
     out with entities that provide protection and advocacy 
     services described in section 5, related to the active, 
     timely, and meaningful participation by individuals with 
     disabilities and their family members, guardians, advocates, 
     or authorized representatives, and other appropriate 
     individuals, with respect to activities carried out under the 
     grant;
       ``(D) delegating, in whole or in part, any responsibilities 
     described in subparagraph (A), (B), or (C) to one or more 
     appropriate offices, agencies, entities, or individuals; and
       ``(E) establishing a partnership or partnerships with 
     private providers of social, medical, educational, 
     employment, and transportation services to individuals with 
     disabilities.
       ``(4) Change in lead agency.--The Governor may change the 
     lead agency of the State (to an agency other than the lead 
     agency of the State as of the date of the enactment of the 
     Improving Access to Assistive Technology for Individuals with 
     Disabilities Act of 2004) if the Governor provides a 
     justification in the application to the Secretary for such 
     action. Nothing in this subsection shall be construed to 
     require the Governor of a State to change the lead agency of 
     the State to an agency other than the lead agency of such 
     State as of the date of the enactment of the Improving Access 
     to Assistive Technology for Individuals with Disabilities Act 
     of 2004.
       ``(e) State Application.--
       ``(1) Submission.--Any State that desires to receive a 
     grant under this section shall submit to the Secretary an 
     application at such time and in such manner as the Secretary 
     may specify.
       ``(2) Content.--Each application shall contain, at a 
     minimum, the following information:
       ``(A) Planned activities.--A description of those 
     activities described in subsection (b)(2) that the State will 
     carry out under the grant.
       ``(B) Measurable goals.--A description of--
       ``(i) the measurable goals the State has set for addressing 
     the assistive technology needs of individuals with 
     disabilities in the State, including any measurable goals, 
     and a timeline for meeting such goals, related to--

       ``(I) education, including goals involving the provision of 
     assistive technology to individuals with disabilities that 
     receive services under the Individuals with Disabilities 
     Education Act;
       ``(II) employment, including goals involving the State 
     vocational rehabilitation program carried out under title I 
     of the Rehabilitation Act of 1973;
       ``(III) telecommunication and information technology; and
       ``(IV) community living; and

       ``(ii) how the State will quantifiably measure the goals to 
     determine whether the goals have been achieved.
       ``(C) Involvement of individuals with disabilities of all 
     ages and their families.--A description of how individuals 
     with disabilities of all ages and their families--
       ``(i) were involved in selecting--

       ``(I) the goals;
       ``(II) the activities to be undertaken in achieving the 
     goals; and
       ``(III) the measures to be used in judging if the goals 
     have been achieved; and

       ``(ii) will be involved in measuring whether the goals have 
     been achieved.
       ``(D) State support.--A description of those activities 
     described in subsection (b)(2) that the State will support 
     under the grant, including at a minimum the State's plans to 
     provide financial support, consistent with subsection (b)(1), 
     for the activities described in subparagraphs (A) and (B) of 
     such subsection.
       ``(E) Assurance.--An assurance that the physical location 
     of the entity responsible for conducting the State activities 
     under this Act meets the requirements of the Americans with 
     Disabilities Act of 1990 regarding accessibility for 
     individuals with disabilities.
       ``(F) Other information.--Such other information as the 
     Secretary may reasonably require.

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

       ``(a) Grants to States.--
       ``(1) In general.--The Secretary shall make a grant to an 
     entity in each State to support protection and advocacy 
     services through the systems established to provide 
     protection and advocacy services under the Developmental 
     Disabilities Assistance and Bill of Rights Act (42 U.S.C. 
     6000 et seq.) for the purposes of assisting in the 
     acquisition, utilization, or maintenance of assistive 
     technology or assistive technology services for individuals 
     with disabilities.
       ``(2) Special rule.--Notwithstanding paragraph (1), for a 
     State that, on the day before the date of the enactment of 
     the Improving Access to Assistive Technology for Individuals 
     with Disabilities Act of 2004, was described in section 
     102(a)(2) of this Act, the Secretary shall make the grant to 
     the lead agency designated under section 4(d). The lead 
     agency shall determine how the funds made available under 
     this section shall be divided among the entities that were 
     providing protection and advocacy services in that State on 
     that day, and distribute the funds to the entities. In 
     distributing the funds, the lead agency shall not establish 
     any further

[[Page 12022]]

     eligibility or procedural requirements for an entity in that 
     State that supports protection and advocacy services through 
     the systems established to provide protection and advocacy 
     services under the Developmental Disabilities Assistance and 
     Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.). Such an 
     entity shall comply with the same requirements (including 
     reporting and enforcement requirements) as any other entity 
     that received funding under paragraph (1).
       ``(b) Amount of Financial Assistance.--
       ``(1) Grants to outlying areas and american indian 
     consortium.--
       ``(A) Outlying areas.--From the funds appropriated under 
     section 8(b) for any fiscal year, the Secretary shall make a 
     grant in an amount of not more than $30,000 to each eligible 
     system within an outlying area.
       ``(B) American indian consortium.--From the funds 
     appropriated under section 8(b) for any fiscal year, the 
     Secretary shall make a grant in an amount of not more than 
     $30,000 to the American Indian Consortium to provide services 
     in the same manner as an eligible system described under this 
     section. If the amount appropriated under section 8(b) for a 
     fiscal year exceeds the amount appropriated under such 
     section for the preceding fiscal year, then the amount 
     referred to in the preceding sentence shall be increased for 
     such fiscal year by the same percentage as such amount 
     appropriated under section 8(b) exceeds the amount 
     appropriated under such section for the preceding fiscal 
     year.
       ``(2) Grants to states.--For any fiscal year, after 
     reserving funds to make grants under paragraph (1), the 
     Secretary shall make allotments from the remainder of the 
     funds in accordance with paragraph (3) to eligible systems 
     within States to support protection and advocacy services as 
     described in subsection (a). The Secretary shall make grants 
     to the eligible systems from the allotments.
       ``(3) Systems within states.--
       ``(A) Population basis.--Except as provided in subparagraph 
     (B), from such remainder for each fiscal year, the Secretary 
     shall make an allotment to the eligible system within a State 
     of an amount bearing the same ratio to such remainder as the 
     population of the State bears to the population of all 
     States.
       ``(B) Minimums.--Subject to the availability of 
     appropriations to carry out this section, the allotment to 
     any system under subparagraph (A) shall be not less than 
     $50,000, and the allotment to any system under this paragraph 
     for any fiscal year that is less than $50,000 shall be 
     increased to $50,000.
       ``(4) Reallotment.--Whenever the Secretary determines that 
     any amount of an allotment under paragraph (3) to a system 
     within a State for any fiscal year will not be expended by 
     such system in carrying out the provisions of this section, 
     the Secretary shall make such amount available for carrying 
     out the provisions of this section to all other systems in 
     the same proportion such amounts were first allocated to such 
     systems.
       ``(5) Carryover.--Any amount paid to an eligible system for 
     a fiscal year under this section that remains unobligated at 
     the end of such fiscal year shall remain available to such 
     system for obligation during the subsequent fiscal year, 
     except that program income generated from such amount shall 
     remain available for two additional fiscal years and may only 
     be used to improve the awareness of individuals with 
     disabilities on the accessibility of assistive technology and 
     assisting such individuals in the acquisition, utilization, 
     or maintenance of assistive technology or assistive 
     technology services.
       ``(c) Report to Secretary.--An entity that receives a grant 
     under this section shall annually prepare and submit to the 
     Secretary a report that contains such information as the 
     Secretary may require, including documentation of the 
     progress of the entity in--
       ``(1) conducting consumer-responsive activities, including 
     activities that will lead to increased access, for 
     individuals with disabilities, to funding for assistive 
     technology devices and assistive technology services;
       ``(2) engaging in informal advocacy to assist in securing 
     assistive technology and assistive technology services for 
     individuals with disabilities;
       ``(3) engaging in formal representation for individuals 
     with disabilities to secure systems change, and in advocacy 
     activities to secure assistive technology and assistive 
     technology services for individuals with disabilities;
       ``(4) developing and implementing strategies to enhance the 
     long-term abilities of individuals with disabilities and 
     their family members, guardians, advocates, and authorized 
     representatives to advocate the provision of assistive 
     technology devices and assistive technology services to which 
     the individuals with disabilities are entitled under law 
     other than this Act;
       ``(5) coordinating activities with protection and advocacy 
     services funded through sources other than this Act, and 
     coordinating activities with the capacity building and 
     advocacy activities carried out by the lead agency; and
       ``(6) effectively allocating carryover funds described in 
     subsection (b)(5) to improve the awareness of individuals 
     with disabilities on the accessibility of assistive 
     technology and assisting them in the acquisition, 
     utilization, or maintenance of assistive technology or 
     assistive technology services.
       ``(d) Reports and Updates to State Agencies.--An entity 
     that receives a grant under this section shall prepare and 
     submit to the lead agency the report described in subsection 
     (c) and quarterly updates concerning the activities described 
     in subsection (c).
       ``(e) Coordination.--On making a grant under this section 
     to an entity in a State, the Secretary shall solicit and 
     consider the opinions of the lead agency of the State 
     designated under section 4(d) with respect to efforts at 
     coordination, collaboration, and promoting outcomes between 
     the lead agency and the entity that receives the grant under 
     this section.

     ``SEC. 6. ADMINISTRATIVE PROVISIONS.

       ``(a) General Administration.--Notwithstanding any other 
     provision of law, the Rehabilitation Services Administration 
     in the Office of Special Education and Rehabilitative 
     Services of the Department of Education shall be responsible 
     for the administration of this Act.
       ``(b) Review of Participating Entities.--
       ``(1) In general.--The Secretary shall assess the extent to 
     which entities that receive grants pursuant to this Act are 
     complying with the applicable requirements of this Act and 
     achieving the quantifiable, measurable goals that are 
     consistent with the requirements of the grant programs under 
     which the entities applied for the grants.
       ``(2) Provision of information.--To assist the Secretary in 
     carrying out the responsibilities of the Secretary under this 
     section, the Secretary may require States to provide relevant 
     information, including the information required under 
     subsection (d).
       ``(c) Corrective Action and Sanctions.--
       ``(1) Corrective action.--If the Secretary determines that 
     an entity fails to substantially comply with the requirements 
     of this Act or to substantially make progress towards meeting 
     the goals established under section 4(e)(2)(B) with respect 
     to a grant program, the Secretary shall assist the entity 
     through technical assistance funded under section 7 or other 
     means, within 90 days after such determination, to develop a 
     corrective action plan.
       ``(2) Sanctions.--An entity that fails to develop and 
     comply with a corrective action plan as described in 
     paragraph (1) during a fiscal year shall be subject to one of 
     the following corrective actions selected by the Secretary:
       ``(A) Partial or complete withholding of funds under the 
     grant program until such plan is developed and implemented.
       ``(B) Reduction in the amount of funding that may be used 
     for indirect costs under section 4(b)(4) for the following 
     year under the grant program.
       ``(C) Required redesignation of the lead agency designated 
     under section 4(d) or an entity responsible for administering 
     the grant program.
       ``(3) Appeals procedures.--The Secretary shall establish 
     appeals procedures for entities that are found to be in 
     noncompliance with the requirements of this Act or have not 
     substantially made progress towards meeting the goals 
     established under section 4(e)(2)(B).
       ``(4) Secretarial action.--As part of the annual report 
     required under subsection (d), the Secretary shall describe 
     each such action taken under paragraph (1) or (2) and the 
     outcomes of each such action.
       ``(5) Public notification.--The Secretary shall notify the 
     public by posting on the Internet website of the Department 
     of Education of each action taken by the Secretary under 
     paragraph (1) or (2). As a part of such notification, the 
     Secretary shall describe each such action taken under 
     paragraph (1) or (2) and the outcomes of each such action.
       ``(d) Annual Report.--
       ``(1) In general.--Not later than December 31 of each year, 
     the Secretary shall prepare, and submit to the President and 
     to the Committee on Education and the Workforce of the House 
     of Representatives and the Committee on Health, Education, 
     Labor, and Pensions of the Senate, a report on the activities 
     funded under this Act to improve the access of individuals 
     with disabilities to assistive technology devices and 
     assistive technology services.
       ``(2) Contents.--Such report shall include information on--
       ``(A) the type of alternative financing mechanisms used by 
     each State under the program;
       ``(B) the amount and type of assistance given to consumers 
     (who shall be classified by age, type of disability, type of 
     assistive technology device or assistive technology service 
     financed through the program, geographic distribution within 
     the State, gender, and whether the consumers are part of an 
     underrepresented population or rural population), including--
       ``(i) the number of applications for assistance received;
       ``(ii) the number of applications approved and rejected;
       ``(iii) the default rate;
       ``(iv) the range and average interest rate;
       ``(v) the range and average income of approved loan 
     applicants; and
       ``(vi) the types and dollar amounts of assistive technology 
     financed;

[[Page 12023]]

       ``(C) the number, type, and length of time of loans of 
     assistive technology devices provided to individuals with 
     disabilities, employers, public agencies, or public 
     accomodations, including an analysis of the individuals with 
     disabilities who have benefited from the device loan program;
       ``(D) the number, type, estimated value, and scope of 
     device reutilization programs, including an analysis of the 
     individuals with disabilities that have benefited from the 
     device loan program;
       ``(E) the number and type of equipment demonstrations 
     provided, including an analysis of individuals with 
     disabilities who have benefited from the program;
       ``(F) a summary of the State plans and annual reports 
     submitted by the States, including an analysis of the 
     progress of the States in meeting their goals established in 
     the State application;
       ``(G) the number of individuals who received training and 
     the topics of such training;
       ``(H) the frequency and nature of technical assistance 
     provided to State and local governmental agencies and other 
     entities; and
       ``(I) the outcomes of interagency coordination and 
     collaboration activities carried out by the State, as 
     applicable, that support access to assistive technology 
     including the type, purpose, and source of leveraged funding 
     or other contributed resources from public and private 
     entities.
       ``(e) Effect on Other Assistance.--This Act may not be 
     construed as authorizing a Federal or a State agency to 
     reduce medical or other assistance available, or to alter 
     eligibility for a benefit or service, under any other Federal 
     law.

     ``SEC. 7. NATIONAL ACTIVITIES.

       ``(a) In General.--Through grants, contracts, or 
     cooperative agreements, awarded on a competitive basis, the 
     Secretary is authorized to provide technical assistance to 
     entities, principally entities funded under section 4 or 5.
       ``(b) Input.--In designing the program to be funded under 
     this section, and in deciding the differences in function 
     between national and regionally based technical assistance 
     efforts carried out through the program, the Secretary shall 
     consider the input of the directors of comprehensive 
     statewide programs of technology-related assistance and other 
     individuals the Secretary determines to be appropriate, 
     especially--
       ``(1) individuals with disabilities who use assistive 
     technology and understand the barriers to the acquisition of 
     such technology and assistive technology services;
       ``(2) family members, guardians, advocates, and authorized 
     representatives of such individuals; and
       ``(3) individuals employed by protection and advocacy 
     systems funded under section 5.
       ``(c) Authorized Activities.--The Secretary shall support 
     activities designed to maximize the impact and benefit of 
     assistive technology devices and assistive technology 
     services for individuals with disabilities, including the 
     following activities:
       ``(1) National public internet site.--
       ``(A) Establishment of internet site.--The Secretary shall 
     fund the establishment and maintenance of a National Public 
     Internet Site for the purposes of providing to individuals 
     with disabilities and the general public technical assistance 
     and information on increased access to assistive technology 
     devices, assistive technology services, and other disability-
     related resources.
       ``(B) Eligible entity.--To be eligible to receive a grant 
     or enter into a contract or cooperative agreement under 
     subsection (a) to establish and maintain the Internet site, 
     an entity shall be an institution of higher education that 
     emphasizes research and engineering, has a multidisciplinary 
     research center, and has demonstrated expertise in--
       ``(i) working with assistive technology and intelligent 
     agent interactive information dissemination systems;
       ``(ii) managing libraries of assistive technology and 
     disability-related resources;
       ``(iii) delivering education, information, and referral 
     services to individuals with disabilities, including 
     technology-based curriculum development services for adults 
     with low-level reading skills;
       ``(iv) developing cooperative partnerships with the private 
     sector, particularly with private sector computer software, 
     hardware, and Internet services entities; and
       ``(v) developing and designing advanced Internet sites.
       ``(C) Features of internet site.--The National Public 
     Internet Site described in subparagraph (A) shall contain the 
     following features:
       ``(i) Availability of information at any time.--The site 
     shall be designed so that any member of the public may obtain 
     information posted on the site at any time.
       ``(ii) Innovative automated intelligent agent.--The site 
     shall be constructed with an innovative automated intelligent 
     agent that is a diagnostic tool for assisting users in 
     problem definition and the selection of appropriate assistive 
     technology devices and assistive technology services 
     resources.
       ``(iii) Resources.--

       ``(I) Library on assistive technology.--The site shall 
     include access to a comprehensive working library on 
     assistive technology for all environments, including home, 
     workplace, transportation, and other environments.
       ``(II) Resources for a number of disabilities.--The site 
     shall include resources relating to the largest possible 
     number of disabilities, including resources relating to low-
     level reading skills.

       ``(iv) Links to private sector resources and information.--
     To the extent feasible, the site shall be linked to relevant 
     private sector resources and information, under agreements 
     developed between the institution of higher education and 
     cooperating private sector entities.
       ``(D) Minimum library components.--At a minimum, the 
     Internet site shall maintain updated information on--
       ``(i) how to plan, develop, implement, and evaluate 
     activities to further extend comprehensive statewide programs 
     of technology-related assistance, including the development 
     and replication of effective approaches to--

       ``(I) providing information and referral services;
       ``(II) promoting interagency coordination of training and 
     service delivery among public and private entities;
       ``(III) conducting outreach to underrepresented populations 
     and rural populations;
       ``(IV) mounting successful public awareness activities;
       ``(V) improving capacity building in service delivery;
       ``(VI) training personnel from a variety of disciplines; 
     and
       ``(VII) improving evaluation strategies, research, and data 
     collection;

       ``(ii) effective approaches to the development of consumer-
     controlled systems that increase access to, funding for, and 
     awareness of, assistive technology devices and assistive 
     technology services;
       ``(iii) successful approaches to increasing the 
     availability of public and private funding for and access to 
     the provision of assistive technology devices and assistive 
     technology services by appropriate State agencies; and
       ``(iv) demonstration sites where individuals may try out 
     assistive technology.
       ``(2) Technical assistance efforts.--The Secretary shall, 
     on a competitive basis, make grants to, or enter into 
     cooperative agreements with, eligible entities--
       ``(A) to address State-specific information requests 
     concerning assistive technology from other entities funded 
     under this Act and public entities not funded under this Act, 
     including--
       ``(i) requests for state-of-the-art, or model, Federal, 
     State, and local laws, regulations, policies, practices, 
     procedures, and organizational structures, that facilitate, 
     and overcome barriers to, funding for, and access to, 
     assistive technology devices and assistive technology 
     services;
       ``(ii) requests for examples of policies, practices, 
     procedures, regulations, or judicial decisions that have 
     enhanced or may enhance access to funding for assistive 
     technology devices and assistive technology services for 
     individuals with disabilities;
       ``(iii) requests for information on effective approaches to 
     Federal-State coordination of programs for individuals with 
     disabilities, related to improving funding for or access to 
     assistive technology devices and assistive technology 
     services for individuals with disabilities of all ages;
       ``(iv) requests for information on effective approaches to 
     the development of consumer-controlled systems that increase 
     access to, funding for, and awareness of, assistive 
     technology devices and assistive technology services;
       ``(v) other requests for technical assistance from other 
     entities funded under this Act and public entities not funded 
     under this Act; and
       ``(vi) other assignments specified by the Secretary, 
     including assisting entities described in section 6(b) to 
     develop corrective action plans; and
       ``(B) to assist targeted individuals by disseminating 
     information about--
       ``(i) Federal, State, and local laws, regulations, 
     policies, practices, procedures, and organizational 
     structures, that facilitate, and overcome barriers to, 
     funding for, and access to, assistive technology devices and 
     assistive technology services, to promote fuller 
     independence, productivity, and inclusion in society for 
     individuals with disabilities of all ages; and
       ``(ii) technical assistance activities undertaken under 
     subparagraph (A).
       ``(d) Eligible Entities.--To be eligible to compete for 
     grants, contracts, and cooperative agreements under this 
     section, entities shall have documented experience with and 
     expertise in assistive technology service delivery or 
     systems, interagency coordination, and capacity building and 
     advocacy activities.
       ``(e) Application.--To be eligible to receive a grant, 
     contract, or cooperative agreement under this section, an 
     entity shall submit an application to the Secretary at such 
     time, in such manner, and containing such information as the 
     Secretary may require.

     ``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) State Grants for Assistive Technology; National 
     Activities.--There are authorized to be appropriated to carry 
     out sections 4 and 7 of this Act $21,524,000 for fiscal year 
     2005 and such sums as may be necessary for each of fiscal 
     years 2006 through 2010. Of

[[Page 12024]]

     the amount appropriated pursuant to the authorization of 
     appropriations under this subsection for a fiscal year, not 
     more than $1,235,000 may be made available to carry out 
     section 7 of this Act.
       ``(b) State Grants for Protection and Advocacy.--There are 
     authorized to be appropriated to carry out section 5 of this 
     Act $4,419,000 for fiscal year 2005 and such sums as may be 
     necessary for each of fiscal years 2006 through 2010.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Delaware (Mr. Castle) and the gentleman from Michigan (Mr. Kildee ) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Delaware (Mr. Castle).


                             General Leave

  Mr. CASTLE. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 4278.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Delaware?
  There was no objection.
  Mr. CASTLE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today in support of H.R. 4278, the Improving 
Access to Assistive Technology For Individuals With Disabilities Act of 
2004.
  This legislation reauthorizes and reforms the Assistive Technology 
Act, which was created in 1988. Since then the Federal Government has 
played an important role in helping States develop systems to provide 
access to assistive technology devices and services for individuals 
with disabilities.
  The original intent of this program was to provide seed money to 
establish statewide systems to help individuals with disabilities 
access assistive technology. Since then, all 50 States, the District of 
Columbia, Puerto Rico, and the outlying areas have established systems 
of some design and scope.
  In 1998, we added the alternative financing program as a competitive 
grant program and we have seen many States make wonderful progress in 
expanding the opportunities made available to individuals with 
disabilities.
  The original law contained a sunset provision in which the funding 
for these deficits would expire after 10 years. However, the program 
has continued to receive funds for the past 6 years since the initial 
10 years were completed. These funds are now running out, and it is 
necessary to reauthorize this act to ensure that these programs 
continue to meet the needs of individuals with disabilities.
  The Federal funds distributed to States over the last 16 years have 
allowed States to set up the needed infrastructure to support assistive 
technology systems. To continue the success of the assistive technology 
programs and to ensure that Federal money is used to best provide 
services to individuals with disabilities, significant reform of the 
Assistive Technology Act is needed.
  This bill shifts the focus of the program to provide greater direct 
benefit to individuals with disabilities. Our goal is to help States 
gets more assistive technology directly into the hands of the 
individuals with disabilities. This new focus expands the reach of the 
State programs by moving away from support of administration activities 
and emphasizing the importance of getting the technology itself to the 
individuals with disabilities that need it.
  I know that this will help States continue to make progress in their 
efforts to expand access to assistive technology and that increasing 
numbers of individuals with disabilities will be able to participate in 
society more fully every day.
  Although we are refocusing the program, we certainly recognize the 
importance of State flexibility, and our bill maintains that important 
element of this program.
  We direct States to focus their efforts to putting the technology 
into the hands of individuals with disabilities, but allow them the 
freedom to decide how they would go about that and which efforts will 
work best in their State to accomplish that goal.
  States have two options in regard to their expenditures of Federal 
funds. In one option States could allocate 70 percent of the resources 
to State level activities and spend no more than 30 percent on State 
level activities. State level activities are more focused on directly 
giving individuals with disabilities assistive technology access and 
services, while State leadership activities are more administrative. 
Under this option, the States would have full flexibility to select the 
activities in each category that they would support.
  In the other option, States would choose to spend 60 percent of the 
resources on State level activities and no more than 40 percent on 
State leadership activities. However, the State would be required to 
support two particular State level activities, the alternative 
financing program and the device loan program. I believe that the 
increased focus on State level activities coupled with the State 
flexibility will drastically improve the program and the assistance in 
services it provides to individuals with disabilities.
  I am pleased with the changes that H.R. 4278 makes to the Assistive 
Technology Act, and I believe they will greatly improve the lives of 
those affected by a disability. In crafting this legislation, we worked 
with our friends across the aisle, our friends in the disability 
community, and our State directors. I believe we have come up with a 
creative proposal that will give States significant flexibility while 
also ensuring that the focus of the program does shift in the right 
direction. The reforms we have crafted in this bill respond to the 
concerns of the critics of this program, and it will place the program 
on solid footing for continued and future success.
  I would like to thank the gentleman from Michigan (Mr. Kildee) and 
his staff for the long hours that have gone into this process so far. I 
would also like to thank the gentleman from Minnesota (Mr. Ramstad) and 
the gentleman from Rhode Island (Mr. Langevin) for their support of 
this important legislation. As cochairs of the Disability Caucus, they 
know the importance of this legislation and we are glad to have their 
support today. I am very pleased with this bill, and I am glad to say 
we have been able to come together in a bipartisan way to improve this 
important program.
  I would also like to thank our friends in the disability community 
for working with us so diligently throughout this process. Your support 
for this legislation is valued, and it is important that this has been 
such an open and deliberative process.
  I strongly support H.R. 4278, the Improving Access for Individuals 
With Disabilities Act of 2004, and I urge my colleagues to do the same.
  Madam Speaker, I reserve the balance of my time.
  Mr. KILDEE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in strong support of H.R. 4278. The bill is a 
culmination of many months of bipartisan efforts to reauthorize the 
Assistive Technology Act.
  This law is an important component in ensuring that individuals with 
disabilities can access assistive technology to attend school, to 
maintain employment, and to live independently.
  As Members know, this bill is critically needed. This legislation 
finally ensures that States grant programs can counts on a stable 
source of Federal funds to support their operations. The last 
reauthorization of the Assistive Technology Act in 1998 sunset the 
State grant program. For the past 3 years, many States have wondered 
whether a certain year would be the last year of Federal funding. This 
bill erases this doubt by ensuring that all States will be eligible for 
funding through 2010.
  I want to mention the inclusion of the American Indian Consortium as 
a funded protection and advocacy system under this legislation. 
Individuals with disabilities in Indian Country are some of the most 
disadvantaged when it comes to the ability to access assistive 
technology. This bill will provide resources to this consortium to 
ensure the needs of Native Americans seeking assistive technology are 
represented.
  This provision alone will have a tremendously positive impact on 
Indian

[[Page 12025]]

Country. The momentum behind this bill would not have been possible 
without a real bipartisan effort to move this bill. I want to thank 
particularly the gentleman from Ohio (Mr. Boehner), the gentleman from 
California (Mr. McKeon), and the gentleman from Delaware (Mr. Castle), 
its former governor, for his hard work on this bill, and I want to 
thank their staffs for working closely with my staff.
  We have truly created a bill that will improve the ability of 
individuals with disabilities to access assistive technology. This 
legislation is an excellent example of what we can accomplish if we put 
our efforts into working together.
  Madam Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. CASTLE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, before I yield back the balance of my time, I would 
like to thank the gentleman from Michigan (Mr. Kildee). I do not work 
with him as much as I used to but he has always been wonderful to work 
with. A lot of the work on this bill, as the gentleman and I both know, 
was done by the gentleman from California (Mr. McKeon), who deserves a 
tremendous amount of the credit for bringing this together. But the 
gentleman from Michigan's (Mr. Kildee) help and that of the amiable 
gentleman from California (Mr. McKeon) is tremendous in pulling 
together partisan interests and differing interests and bringing them 
together to allow legislation like this to move forward.
  I would encourage all of the Members to support it.
  Mr. HOYER. Madam Speaker, technology has become tremendously 
important in everyone's daily lives, but there are perhaps few places 
where technology plays as important a role in an individual's daily 
life than for individuals with disabilities.
  That is why I am pleased to be a cosponsor and strong supporter of 
the Improving Access to Assistive Technology for Individuals with 
Disabilities Act of 2004, considered in the House of Representatives 
today.
  Assistive technology devices and adaptations are critical to ensuring 
that individuals with disabilities can live with independence and 
pursue work, education, communication and other aspects of daily 
living.
  Since the Assistive Technology Act was enacted in 1998, assistive 
technology state grants have provided funds to states to start-up and 
establish systems for distributing assistive technology devices and 
services. States have since made significant progress in building and 
improving these systems. The Maryland Technology Assistance Program, 
for example, provides a low-interest loan program to help people gain 
access to and afford critical technologies.
  The previous authorization originally included a sunset provision to 
phase out the state assistance grants. However, as it has become clear 
that technology was increasingly important and that this program 
provided crucial assistance, support has grown to make this program 
permanent.
  I am pleased that over the past several years, we have been able to 
include language in the Labor-HHS-Education bill to waive the sunset 
provision and adequate funding, so that states would not have to 
eliminate their programs.
  With this important reauthorization bill, we will no longer have to 
include this language on an annual basis, and individuals with 
disabilities can be confident that this program will continue to 
provide states with needed assistance.
  I am also pleased that this bill has been written to revise the 
program with greater focus on providing direct benefits to individuals 
with disabilities.
  I hope all of my colleagues will support this bipartisan legislation.
  Mr. CASTLE. Madam Speaker, I rise in support of H.R. 4278, the 
Improving Access to Assistive Technology for Individuals with 
Disabilities Act of 2004, and thank the gentleman from California (Mr. 
McKeon) for his work. The legislation before us today is key to helping 
thousands of individuals across the country gain access to assistive 
technology devises and services.
  The use of assistive technology can help a child attend school, an 
adult seek and maintain employment, and individuals of all ages with 
disabilities participate more fully in society. Every day, the lives of 
countless individuals with disabilities are made better through access 
to assistive technology. Assistive technology helps individuals meet 
the challenges they face every day, and through the use of assistive 
technology individuals with disabilities can overcome almost any 
obstacle they face.
  With initial passage of the Assistive Technology Act, and past 
reauthorizations, the job of the state AT projects was one of 
information and outreach, making people aware of technology options. 
This reauthorization focuses on how we can enhance these services. 
However, this legislation by encouraging AT projects across the country 
to build on other success stories across we can help more people with 
disabilities to learn, work, and be active participants in their 
community. One key way H.R. 4278 accomplishes this is through an 
increased focus on helping individuals actually acquire the assistive 
technologies that greatly improve their quality of life.
  I am particularly proud of the AT work done in Delaware. The Delaware 
Assistive Technology Initiative connects Delawareans with the 
technologies that provide many with the opportunity to learn, work, 
play, and participate in community life safely and independently. 
Delawareans with disabilities count on the Initiative for access to 
technology for product demonstration and trial use, for information and 
consultation about equipment and funding resources, and for the 
coordination of resources among agencies and organizations. The 
Initiative runs a used equipment exchange service, publishes an 
informative newsletter, and helps people connect with the appropriate 
technology, financial assistance, and skills training. The Initiative 
has no eligibility limitations, other than Delaware residency. It 
serves infants through older persons, and addresses the needs of people 
with any type of disabling condition. There is no other source in 
Delaware that could replace these services and supports. The staff, and 
their counterparts in other states, are intimately familiar with the 
barriers that people with disabilities still encounter relative to 
employment, education, and community living. Assistive technology and 
universal design are often keys to access, opportunity, and achievement 
in all of these arenas, and the Improving Access to Assistive 
Technology for Individuals with Disabilities Act of 2004 will help to 
ensure that access leads to opportunity, and that opportunity results 
in enhanced employment, academic achievement, and community life.
  I urge my colleagues to support this reauthorization.
  Mr. CASTLE. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Delaware (Mr. Castle) that the House suspend the rules 
and pass the bill, H.R. 4278, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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