[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2432 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                S. 2432

_______________________________________________________________________

                                 AN ACT


 
   To support programs of grants to States to address the assistive 
   technology needs of individuals with disabilities, and for other 
                               purposes.

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

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 and rule.
                     TITLE I--STATE GRANT PROGRAMS

Sec. 101. Continuity grants for States that received funding for a 
                            limited period for technology-related 
                            assistance.
Sec. 102. State challenge grants.
Sec. 103. Supplementary millennium grants to States for State and local 
                            capacity building.
Sec. 104. State grants for protection and advocacy related to assistive 
                            technology.
Sec. 105. Administrative provisions.
Sec. 106. Technical assistance program.
Sec. 107. Authorization of appropriations.
                     TITLE II--NATIONAL ACTIVITIES

                 Subtitle A--Rehabilitation Act of 1973

Sec. 201. Coordination of Federal research efforts.
Sec. 202. National Council on Disability.
Sec. 203. Architectural and Transportation Barriers Compliance Board.
                 Subtitle B--Other National Activities

Sec. 211. Small business incentives.
Sec. 212. Technology transfer and universal design.
Sec. 213. Universal design in products and the built environment.
Sec. 214. Outreach.
Sec. 215. Training pertaining to rehabilitation engineers and 
                            technicians.
Sec. 216. Assistive technology taxonomy.
Sec. 217. President's Committee on Employment of People With 
                            Disabilities.
Sec. 218. Authorization of appropriations.
              TITLE III--ALTERNATIVE FINANCING MECHANISMS

Sec. 301. General authority.
Sec. 302. Amount of grants.
Sec. 303. Applications and procedures.
Sec. 304. Contracts with community-based organizations.
Sec. 305. Grant administration requirements.
Sec. 306. Information and technical assistance.
Sec. 307. Annual report.
Sec. 308. Authorization of appropriations.
               TITLE IV--REPEAL AND CONFORMING AMENDMENTS

Sec. 401. Repeal.
Sec. 402. Conforming amendments.

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 has become 1 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 1 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 the more than 50,000,000 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) 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. Such devices and adaptations increase the involvement of 
        such individuals in, and reduce expenditures associated with, 
        programs and activities such as early intervention, education, 
        rehabilitation and training, employment, residential living, 
        independent living, and recreation programs and activities, and 
        other aspects of daily living.
            (5) All States have comprehensive statewide programs of 
        technology-related assistance. Federal support for such 
        programs should continue, strengthening the capacity of each 
        State to assist individuals with disabilities of all ages with 
        their assistive technology needs.
            (6) Notwithstanding the efforts of such State programs, 
        there is still a lack of--
                    (A) resources to pay for assistive technology 
                devices and assistive technology services;
                    (B) trained personnel to assist individuals with 
                disabilities to use such devices and services;
                    (C) information among targeted individuals about 
                the availability and potential benefit of technology 
                for individuals with disabilities;
                    (D) outreach to underrepresented populations and 
                rural populations;
                    (E) systems that ensure timely acquisition and 
                delivery of assistive technology devices and assistive 
                technology services;
                    (F) coordination among State human services 
                programs, and between such programs and private 
                entities, particularly with respect to transitions 
                between such programs and entities; and
                    (G) capacity in such programs to provide the 
                necessary technology-related assistance.
            (7) In the current technological environment, the line of 
        demarcation between assistive technology and mainstream 
        technology is becoming ever more difficult to draw.
            (8) Many individuals with disabilities cannot access 
        existing telecommunications and information technologies and 
        are at risk of not being able to access developing 
        technologies. The failure of Federal and State governments, 
        hardware manufacturers, software designers, information systems 
        managers, and telecommunications service providers to account 
        for the specific needs of individuals with disabilities in the 
        design, manufacture, and procurement of telecommunications and 
        information technologies results in the exclusion of such 
        individuals from the use of telecommunications and information 
        technologies and results in unnecessary costs associated with 
        the retrofitting of devices and product systems.
            (9) There are insufficient incentives for Federal 
        contractors and other manufacturers of technology to address 
        the application of technology advances to meet the needs of 
        individuals with disabilities of all ages for assistive 
        technology devices and assistive technology services.
            (10) The use of universal design principles reduces the 
        need for many specific kinds of assistive technology devices 
        and assistive technology services by building in accommodations 
        for individuals with disabilities before rather than after 
        production. The use of universal design principles also 
        increases the likelihood that products (including services) 
        will be compatible with existing assistive technologies. These 
        principles are increasingly important to enhance access to 
        information technology, telecommunications, transportation, 
        physical structures, and consumer products. There are 
        insufficient incentives for commercial manufacturers to 
        incorporate universal design principles into the design and 
        manufacturing of technology products, including devices of 
        daily living, that could expand their immediate use by 
        individuals with disabilities of all ages.
            (11) There are insufficient incentives for commercial 
        pursuit of the application of technology devices to meet the 
        needs of individuals with disabilities, because of the 
        perception that such individuals constitute a limited market.
            (12) At the Federal level, the Federal Laboratories, the 
        National Aeronautics and Space Administration, and other 
        similar entities do not recognize the value of, or commit 
        resources on an ongoing basis to, technology transfer 
        initiatives that would benefit, and especially increase the 
        independence of, individuals with disabilities.
            (13) At the Federal level, there is a lack of coordination 
        among agencies that provide or pay for the provision of 
        assistive technology devices and assistive technology services. 
        In addition, the Federal Government does not provide adequate 
        assistance and information with respect to the quality and use 
        of assistive technology devices and assistive technology 
        services to targeted individuals.
            (14) There are changes in the delivery of assistive 
        technology devices and assistive technology services, 
        including--
                    (A) the impact of the increased prevalence of 
                managed care entities as payors for assistive 
                technology devices and assistive technology services;
                    (B) an increased focus on universal design;
                    (C) the increased importance of assistive 
                technology in employment, as more individuals with 
                disabilities move from public assistance to work 
                through training and on-the-job accommodations;
                    (D) the role and impact that new technologies have 
                on how individuals with disabilities will learn about, 
                access, and participate in programs or services that 
                will affect their lives; and
                    (E) the increased role that telecommunications play 
                in education, employment, health care, and social 
                activities.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide financial assistance to States to undertake 
        activities that assist each State in maintaining and 
        strengthening a permanent comprehensive statewide program of 
        technology-related assistance, for individuals with 
        disabilities of all ages, that is designed to--
                    (A) increase the availability of, funding for, 
                access to, and provision of, assistive technology 
                devices and assistive technology services;
                    (B) increase the active involvement of individuals 
                with disabilities and their family members, guardians, 
                advocates, and authorized representatives, in the 
                maintenance, improvement, and evaluation of such a 
                program;
                    (C) 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;
                    (D) increase the provision of outreach to 
                underrepresented populations and rural populations, to 
                enable the 2 populations to enjoy the benefits of 
                activities carried out under this Act to the same 
                extent as other populations;
                    (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)(i) increase the awareness of laws, regulations, 
                policies, practices, procedures, and organizational 
                structures, that facilitate the availability or 
                provision of assistive technology devices and assistive 
                technology services; and
                    (ii) facilitate the change of laws, regulations, 
                policies, practices, procedures, and organizational 
                structures, to obtain increased availability or 
                provision of assistive technology devices and assistive 
                technology services;
                    (G) increase the probability that individuals with 
                disabilities of all ages will, to the extent 
                appropriate, be able 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);
                    (H) enhance the skills and competencies of 
                individuals involved in providing assistive technology 
                devices and assistive technology services;
                    (I) increase awareness and knowledge of the 
                benefits of assistive technology devices and assistive 
                technology services among targeted individuals;
                    (J) increase the awareness of the needs of 
                individuals with disabilities of all ages for assistive 
                technology devices and for assistive technology 
                services; and
                    (K) 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;
            (2) to identify Federal policies that facilitate payment 
        for assistive technology devices and assistive technology 
        services, to identify those Federal policies that impede such 
        payment, and to eliminate inappropriate barriers to such 
        payment; and
            (3) to enhance the ability of the Federal Government to--
                    (A) provide States with financial assistance that 
                supports--
                            (i) information and public awareness 
                        programs relating to the provision of assistive 
                        technology devices and assistive technology 
                        services;
                            (ii) improved interagency and public-
                        private coordination, especially through new 
                        and improved policies, that result in increased 
                        availability of assistive technology devices 
                        and assistive technology services; and
                            (iii) technical assistance and training in 
                        the provision or use of assistive technology 
                        devices and assistive technology services; and
                    (B) fund national, regional, State, and local 
                targeted initiatives that promote understanding of and 
                access to assistive technology devices and assistive 
                technology services for targeted individuals.

SEC. 3. DEFINITIONS AND RULE.

    (a) 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) Assistive technology.--The term ``assistive 
        technology'' means technology designed to be utilized in an 
        assistive technology device or assistive technology service.
            (3) 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.
            (4) 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.
            (5) 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.
            (6) 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.
            (7) 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 advocacy, capacity building, and 
                                capacity building and advocacy 
                                activities.
            (8) 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.
            (9) 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.
            (10) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 1201(a) 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.).
            (11) 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.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (13) State.--
                    (A) In general.--Except as provided in subparagraph 
                (B) and section 302, 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 101(c), 102(c), 
                103(d), and 104(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.
            (14) 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.
            (15) 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 (K) of section 
        2(b)(1).
            (16) 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.
            (17) 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.
    (b) References.--References in this Act to a provision of the 
Technology-Related Assistance for Individuals With Disabilities Act of 
1988 shall be considered to be references to such provision as in 
effect on the day before the date of enactment of this Act.

                     TITLE I--STATE GRANT PROGRAMS

SEC. 101. CONTINUITY GRANTS FOR STATES THAT RECEIVED FUNDING FOR A 
              LIMITED PERIOD FOR TECHNOLOGY-RELATED ASSISTANCE.

    (a) Grants to States.--
            (1) In general.--The Secretary shall award grants, in 
        accordance with this section, to eligible States to support 
        capacity building and advocacy activities, designed to assist 
        the States in maintaining permanent comprehensive statewide 
        programs of technology-related assistance that accomplish the 
        purposes described in section 2(b)(1).
            (2) Eligible states.--To be eligible to receive a grant 
        under this section a State shall be a State that received 
        grants for less than 10 years under title I of the Technology-
        Related Assistance for Individuals With Disabilities Act of 
        1988.
    (b) Use of Funds.--
            (1) In general.--Any State that receives a grant under this 
        section shall use the funds made available through the grant to 
        carry out the activities described in paragraph (2) and may use 
        the funds to carry out the activities described in paragraph 
        (3).
            (2) Mandatory activities.--
                    (A) Public awareness program.--
                            (i) In general.--The State shall support a 
                        public awareness program designed to provide 
                        information to targeted individuals relating to 
                        the availability and benefits of assistive 
                        technology devices and assistive technology 
                        services.
                            (ii) Link.--Such a public awareness program 
                        shall have an electronic link to the National 
                        Public Internet Site authorized under section 
                        106(c)(1).
                            (iii) Contents.--The public awareness 
                        program may include--
                                    (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; 
                                and
                                    (III) the development and 
                                dissemination, to targeted individuals, 
                                of information about State efforts 
                                related to assistive technology.
                    (B) Interagency coordination.--
                            (i) In general.--The State shall 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.
                            (ii) Appointment to certain information 
                        technology panels.--The State shall appoint the 
                        director of the lead agency described in 
                        subsection (d) or the designee of the director, 
                        to any committee, council, or similar 
                        organization created by the State to assist the 
                        State in the development of the information 
                        technology policy of the State.
                            (iii) Coordination activities.--The 
                        development and promotion described in clause 
                        (i) may include support for--
                                    (I) policies that result in 
                                improved coordination, including 
                                coordination between public and private 
                                entities--
                                            (aa) in the application of 
                                        Federal and State policies;
                                            (bb) in the use of 
                                        resources and services relating 
                                        to the provision of assistive 
                                        technology devices and 
                                        assistive technology services, 
                                        including the use of 
                                        interagency agreements; and
                                            (cc) in the improvement of 
                                        access to assistive technology 
                                        devices and assistive 
                                        technology services for 
                                        individuals with disabilities 
                                        of all ages in the State;
                                    (II) convening interagency work 
                                groups, involving public and private 
                                entities, to identify, create, or 
                                expand funding options, and coordinate 
                                access to funding, for assistive 
                                technology devices and assistive 
                                technology services for individuals 
                                with disabilities of all ages; or
                                    (III) documenting and disseminating 
                                information about interagency 
                                activities that promote coordination, 
                                including coordination between public 
                                and private entities, with respect to 
                                assistive technology devices and 
                                assistive technology services.
                    (C) Technical assistance and training.--The State 
                shall carry out directly, or provide support to public 
                or private entities to carry out, technical assistance 
                and training activities for targeted individuals, 
                including--
                            (i) the development and implementation of 
                        laws, regulations, policies, practices, 
                        procedures, or organizational structures that 
                        promote access to assistive technology devices 
                        and assistive technology services for 
                        individuals with disabilities in education, 
                        health care, employment, and community living 
                        contexts, and in other contexts such as leisure 
                        activities and the use of telecommunications;
                            (ii)(I) the development of training 
                        materials and the conduct of training in the 
                        use of assistive technology devices and 
                        assistive technology services; and
                            (II) the provision of 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;
                                    (bb) the rights of targeted 
                                individuals to assistive technology 
                                devices and assistive technology 
                                services are addressed under laws other 
                                than this Act, to promote fuller 
                                independence, productivity, and 
                                inclusion in and integration into 
                                society of such individuals; or
                                    (cc) to increase consumer 
                                participation in the identification, 
                                planning, use, delivery, and evaluation 
                                of assistive technology devices and 
                                assistive technology services; and
                            (iii)(I) 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
                            (II) taking action to facilitate the 
                        development of standards, or, when appropriate, 
                        the application of such standards, to ensure 
                        the availability of qualified personnel.
                    (D) Outreach.--The State shall provide 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. Such support may include outreach to 
                consumer organizations and groups in the State to 
                coordinate efforts (including self-help, support group 
                activities, and peer mentoring) 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.
            (3) Discretionary activities.--
                    (A) Alternative state-financed systems.--The State 
                may support activities to increase access to, and 
                funding for, assistive technology devices and assistive 
                technology services, including--
                            (i) the development of systems that 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 financed 
                                systems of subsidies for the provision 
                                of assistive technology devices and 
                                assistive technology services, such 
                                as--
                                            (aa) a low-interest loan 
                                        fund;
                                            (bb) an interest buy-down 
                                        program;
                                            (cc) a revolving loan fund;
                                            (dd) a loan guarantee or 
                                        insurance program;
                                            (ee) 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
                                            (ff) another mechanism that 
                                        meets the requirements of title 
                                        III and is approved by the 
                                        Secretary;
                            (ii) the short-term loan of assistive 
                        technology devices to individuals, employers, 
                        public agencies, or public accommodations 
                        seeking strategies to comply with 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); or
                            (iii) the maintenance of information about, 
                        and recycling centers for, the redistribution 
                        of assistive technology devices and equipment, 
                        which may include redistribution through device 
                        and equipment loans, rentals, or gifts.
                    (B) Demonstrations.--The State, in collaboration 
                with other entities in established, recognized 
                community settings (such as nonprofit organizations, 
                libraries, schools, community-based employer 
                organizations, churches, and entities operating senior 
                citizen centers, shopping malls, and health clinics), 
                may demonstrate assistive technology devices in 
                settings where targeted individuals can see and try out 
                assistive technology devices, and learn more about the 
                devices from personnel who are familiar with such 
                devices and their applications or can be referred to 
                other entities who have information on the devices.
                    (C) Options for securing devices and services.--The 
                State, through public agencies or nonprofit 
                organizations, may support assistance to individuals 
                with disabilities and their family members, guardians, 
                advocates, and authorized representatives about options 
                for securing assistive technology devices and assistive 
                technology services that would meet individual needs 
                for such assistive technology devices and assistive 
                technology services. Such assistance shall not include 
                direct payment for an assistive technology device.
                    (D) Technology-related information.--
                            (i) In general.--The State may operate and 
                        expand a system for public access to 
                        information concerning an activity carried out 
                        under another paragraph of this subsection, 
                        including information about assistive 
                        technology devices and assistive technology 
                        services, funding sources and costs of such 
                        devices and services, and individuals, 
                        organizations, and agencies capable of carrying 
                        out such an activity for individuals with 
                        disabilities. The system shall be part of, and 
                        complement the information that is available 
                        through a link to, the National Public Internet 
                        Site described in section 106(c)(1).
                            (ii) Access.--Access to the system may be 
                        provided through community-based locations, 
                        including public libraries, centers for 
                        independent living (as defined in section 702 
                        of the Rehabilitation Act of 1973), locations 
                        of community rehabilitation programs (as 
                        defined in section 7 of such Act), schools, 
                        senior citizen centers, State vocational 
                        rehabilitation offices, other State workforce 
                        offices, and other locations frequented or used 
                        by the public.
                            (iii) Information collection and 
                        preparation.--In operating or expanding a 
                        system described in subparagraph (A), the State 
                        may--
                                    (I) develop, compile, and 
                                categorize print, large print, braille, 
                                audio, and video materials, computer 
                                disks, compact discs (including compact 
                                discs formatted with read-only memory), 
                                information in alternative formats that 
                                can be used in telephone-based 
                                information systems, and materials 
                                using such other media as technological 
                                innovation may make appropriate;
                                    (II) identify and classify funding 
                                sources for obtaining assistive 
                                technology devices and assistive 
                                technology services, and the conditions 
                                of and criteria for access to such 
                                sources, including any funding 
                                mechanisms or strategies developed by 
                                the State;
                                    (III) identify support groups and 
                                systems designed to help individuals 
                                with disabilities make effective use of 
                                an activity carried out under another 
                                paragraph of this subsection, including 
                                groups that provide evaluations of 
                                assistive technology devices and 
                                assistive technology services; and
                                    (IV) maintain a record of the 
                                extent to which citizens of the State 
                                use or make inquiries of the system 
                                established in clause (i), and of the 
                                nature of such inquiries.
                    (E) Interstate activities.--
                            (i) In general.--The State may enter into 
                        cooperative agreements with other States to 
                        expand the capacity of the States involved to 
                        assist individuals with disabilities of all 
                        ages to learn about, acquire, use, maintain, 
                        adapt, and upgrade assistive technology devices 
                        and assistive technology services that such 
                        individuals need at home, at school, at work, 
                        or in other environments that are part of daily 
                        living.
                            (ii) Electronic communication.--The State 
                        may operate or participate in an electronic 
                        information exchange through which the State 
                        may communicate with other States to gain 
                        technical assistance in a timely fashion and to 
                        avoid the duplication of efforts already 
                        undertaken in other States.
                    (F) Partnerships and cooperative initiatives.--The 
                State may support partnerships and cooperative 
                initiatives between the public sector and the private 
                sector to promote greater participation by business and 
                industry in--
                            (i) the development, demonstration, and 
                        dissemination of assistive technology devices; 
                        and
                            (ii) the ongoing provision of information 
                        about new products to assist individuals with 
                        disabilities.
                    (G) Expenses.--The State may pay for expenses, 
                including travel expenses, and services, including 
                services of qualified interpreters, readers, and 
                personal care assistants, that may be necessary to 
                ensure access to the comprehensive statewide program of 
                technology-related assistance by individuals with 
                disabilities who are determined by the State to be in 
                financial need and not eligible for such payments or 
                services through another public agency or private 
                entity.
                    (H) Advocacy services.--The State may provide 
                advocacy services.
    (c) Amount of Financial Assistance.--
            (1) Grants to outlying areas.--From the funds appropriated 
        under section 107(a) and reserved under clause (i) of 
        subparagraph (A), (B), or (C) of section 107(b)(1) 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) Calculations for grants in the second or third 
                year of a second extension grant.--For any fiscal year, 
                the Secretary shall calculate the amount of a grant 
                under paragraph (2) for each eligible State that would 
                be in the second or third year of a second extension 
                grant made under section 103 of the Technology-Related 
                Assistance for Individuals With Disabilities Act of 
                1988, if that Act had been reauthorized for that fiscal 
                year, in accordance with section 103(c)(2) of such Act.
                    (B) Calculations for grants in the fourth or fifth 
                year of a second extension grant.--
                            (i) Fourth year.--An eligible State that 
                        would have been in the fourth year of a second 
                        extension grant made under section 103 of the 
                        Technology-Related Assistance for Individuals 
                        With Disabilities Act of 1988 during a fiscal 
                        year, if that Act had been reauthorized for 
                        that fiscal year, shall receive under paragraph 
                        (2) a grant in an amount equal to 75 percent of 
                        the funding that the State received in the 
                        prior fiscal year under section 103 of that Act 
                        or under this section, as appropriate.
                            (ii) Fifth year.--An eligible State that 
                        would have been in the fifth year of a second 
                        extension grant made under section 103 of the 
                        Technology-Related Assistance for Individuals 
                        With Disabilities Act of 1988 during a fiscal 
                        year, if that Act had been reauthorized for 
                        that fiscal year, shall receive under paragraph 
                        (2) a grant in an amount equal to 66\2/3\ 
                        percent of the funding that the State received 
                        in the prior fiscal year under section 103 of 
                        that Act or under this section, as appropriate.
                    (C) Additional states.--
                            (i) In general.--For purposes of this 
                        paragraph, the Secretary shall treat a State 
                        described in clause (ii)--
                                    (I) for fiscal years 1999 through 
                                2001, as if the State were a State 
                                described in subparagraph (A); and
                                    (II) for fiscal year 2002 or 2003, 
                                as if the State were a State described 
                                in clause (i) or (ii), respectively, of 
                                subparagraph (B).
                            (ii) State.--A State referred to in clause 
                        (i) shall be a State that--
                                    (I) in fiscal year 1998, was in the 
                                second year of an initial extension 
                                grant made under section 103 of the 
                                Technology-Related Assistance for 
                                Individuals With Disabilities Act of 
                                1988; and
                                    (II) meets such terms and 
                                conditions as the Secretary shall 
                                determine to be appropriate.
    (d) Lead Agency.--
            (1) Identification.--
                    (A) In general.--To be eligible to receive a grant 
                under this section, a State shall designate a lead 
                agency to carry out appropriate State functions under 
                this section. The lead agency shall be the current 
                agency (as of the date of submission of the application 
                supplement described in subsection (e)) administering 
                the grant awarded to the State for fiscal year 1998 
                under title I of the Technology-Related Assistance for 
                Individuals With Disabilities Act of 1988, except as 
                provided in subparagraph (B).
                    (B) Change in agency.--The Governor may change the 
                lead agency if the Governor shows good cause to the 
                Secretary why the designated lead agency should be 
                changed, in the application supplement described in 
                subsection (e), and obtains approval of the supplement.
            (2) Duties of the lead agency.--The duties of the lead 
        agency shall include--
                    (A) submitting the application supplement 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 
                supplement described in subsection (e);
                    (ii) continuing the coordination of the maintenance 
                and evaluation of 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) continuing the coordination of efforts, 
                especially efforts carried out with entities that 
                provide protection and advocacy services described in 
                section 104, 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; and
                    (D) the delegation, in whole or in part, of any 
                responsibilities described in subparagraph (A), (B), or 
                (C) to 1 or more appropriate offices, agencies, 
                entities, or individuals.
    (e) Application Supplement.--
            (1) Submission.--Any State that desires to receive a grant 
        under this section shall submit to the Secretary an application 
        supplement to the application the State submitted under section 
        103 of the Technology-Related Assistance for Individuals With 
        Disabilities Act of 1988, at such time, in such manner, and for 
        such period as the Secretary may specify, that contains the 
        following information:
                    (A) Goals and activities.--A description of--
                            (i) the goals the State has set, for 
                        addressing the assistive technology needs of 
                        individuals with disabilities in the State, 
                        including any related to--
                                    (I) health care;
                                    (II) education;
                                    (III) employment, including goals 
                                involving the State vocational 
                                rehabilitation program carried out 
                                under title I of the Rehabilitation Act 
                                of 1973;
                                    (IV) telecommunication and 
                                information technology; or
                                    (V) community living, including 
                                participation in recreation; and
                            (ii) the activities the State will 
                        undertake to achieve such goals, in accordance 
                        with the requirements of subsection (b).
                    (B) Measures of goal achievement.--A description of 
                how the State will measure whether the goals set by the 
                State 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) Redesignation of the lead agency.--If the 
                Governor elects to change the lead agency, the 
                following information:
                            (i) With regard to the original lead 
                        agency, evidence of--
                                    (I) lack of progress in employment 
                                of qualified staff;
                                    (II) lack of consumer-responsive 
                                activities;
                                    (III) lack of resource allocation 
                                for systems change and advocacy 
                                activities;
                                    (IV) lack of progress in meeting 
                                the assurances in the application 
                                submitted by the State under section 
                                102(e) of the Technology-Related 
                                Assistance for Individuals With 
                                Disabilities Act of 1988; or
                                    (V) inadequate fiscal management.
                            (ii) With regard to the new lead agency, a 
                        description of--
                                    (I) the capacity of the new lead 
                                agency to administer and conduct 
                                activities described in subsection (b) 
                                and this paragraph; and
                                    (II) the procedures that the State 
                                will implement to avoid the 
                                deficiencies, described in clause (i), 
                                of the original lead agency.
                            (iii) Information identifying which agency 
                        prepared the application supplement.
            (2) Interim status of state obligations.--Except as 
        provided in subsection (f)(2), when the Secretary notifies a 
        State that the State shall submit the application supplement to 
        the application the State submitted under section 103 of the 
        Technology-Related Assistance for Individuals With Disabilities 
        Act of 1988, the Secretary shall specify in the notification 
        the time period for which the application supplement shall 
        apply, consistent with paragraph (4).
            (3) Continuing obligations.--Each State that receives a 
        grant under this section shall continue to abide by the 
        assurances the State made in the application the State 
        submitted under section 103 of the Technology-Related 
        Assistance for Individuals With Disabilities Act of 1988 and 
        continue to comply with reporting requirements under that Act.
            (4) Duration of application supplement.--
                    (A) Determination.--The Secretary shall determine 
                and specify to the State the time period for which the 
                application supplement shall apply, in accordance with 
                subparagraph (B).
                    (B) Limit.--Such time period for any State shall 
                not extend beyond the year that would have been the 
                fifth year of a second extension grant made for that 
                State under section 103 of the Technology-Related 
                Assistance for Individuals With Disabilities Act of 
                1988, if the Act had been reauthorized through that 
                year.
    (f) Options Related to Funding for Fiscal Years 1999 Through 
2004.--
            (1) Extensions.--
                    (A) In general.--In the case of a State that was in 
                the fifth year of a second extension grant made under 
                section 103 of the Technology-Related Assistance for 
                Individuals With Disabilities Act of 1988 in fiscal 
                year 1998, the Secretary may, in the discretion of the 
                Secretary, award a 1-year extension of the grant 
                received for fiscal year 1999 to such a State if the 
                State submits an application supplement under 
                subsection (e) and meets other related requirements for 
                a State seeking a grant under this section.
                    (B) Amount.--A State that receives a 1-year 
                extension of a grant under subparagraph (A), shall 
                receive through the grant, for fiscal year 1999, an 
                amount equivalent to the amount the State received for 
                fiscal year 1998 under section 103 of the Technology-
                Related Assistance for Individuals With Disabilities 
                Act of 1988, from funds appropriated under section 
                107(a) and reserved under clause (i) of subparagraph 
                (A), (B), or (C) of section 107(b)(1) for grants under 
                this section.
            (2) Challenge grants.--For fiscal year 2000, any State 
        eligible to receive funds under this section may elect to meet 
        the requirements of and receive funds under section 102 instead 
        of meeting the requirements of and receiving funds under this 
        section. No State may receive funds under this section and 
        section 102 for a fiscal year.

SEC. 102. STATE CHALLENGE GRANTS.

    (a) Grants to States.--The Secretary shall award grants to States 
to assist the States in maintaining and improving comprehensive 
statewide programs of technology-related assistance for individuals 
with disabilities in accordance with the provisions of this section. 
The Secretary shall provide assistance through such a grant to a State 
for 5 years.
    (b) Use of Funds.--
            (1) In general.--A State that receives a grant under this 
        section shall use the funds made available through the grant to 
        accomplish the purposes described in section 2(b)(1) by 
        carrying out activities described in this subsection, based on 
        an assessment of the needs for assistive technology devices and 
        assistive technology services of individuals with disabilities 
        in the State, as reported by such individuals, and through 
        other means. The State shall, in appropriate cases, promote, 
        consider, take into account, and incorporate the principles of 
        universal design.
            (2) Mandatory activities.--
                    (A) Interagency coordination.--The State shall 
                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 affect the provision of assistive 
                technology devices and assistive technology services 
                for such individuals. The State shall appoint the 
                director of the State Assistive Technology Office 
                designated under subsection (d)(1)(A) or the designee 
                of the director, to any committee, council, or similar 
                organization created by the State to assist the State 
                in the development of the information technology policy 
                of the State.
                    (B) Assistive technology information system.--The 
                State shall provide for the continuation and 
                enhancement of a statewide information and referral 
                system for individuals with disabilities and providers 
                of services for individuals with disabilities. The 
                system shall include an accessible Internet site with 
                linkages to other appropriate sites, such as the 
                National Public Internet Site described in section 
                106(c)(1). The system shall provide for public access 
                to information about assistive technology devices and 
                assistive technology services, including information on 
                the evaluation of such devices and services and 
                entities that provide such evaluations, and funding 
                sources for and costs of obtaining such devices and 
                services.
                    (C) Public awareness program.--The State shall 
                support, in collaboration with targeted individuals, 
                targeted public awareness campaigns designed to provide 
                information to targeted individuals about the 
                availability, through public and private sources, and 
                benefits, of assistive technology devices and assistive 
                technology services.
                    (D) Capacity building and advocacy activities; 
                technical assistance and training.--
                            (i) In general.--The State shall support 
                        capacity building and advocacy activities that 
                        include--
                                    (I) the development and 
                                implementation of laws, regulations, 
                                policies, practices, procedures, or 
                                organizational structures that promote 
                                access to assistive technology devices 
                                and assistive technology services for 
                                individuals with disabilities in 
                                education, health care, employment, and 
                                community living contexts, and in other 
                                contexts such as leisure activities and 
                                the use of telecommunications; and
                                    (II) the training and preparation 
                                of personnel to design, build, provide 
                                instruction on the use of, repair, and 
                                recycle assistive technology devices 
                                and to provide assistive technology 
                                services.
                            (ii) Targeted technical assistance and 
                        training.--The State shall also support public 
                        or private entities to carry out targeted 
                        technical assistance and training activities.
                    (E) Outreach.--The State shall provide 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. Such support may include outreach to 
                consumer organizations and groups in the State to 
                coordinate efforts (including self-help, support group 
                activities, and peer mentoring) 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.
            (3) Discretionary activities.--A State that receives a 
        grant under this section may use the funds made available 
        through the grant to carry out additional activities that were 
        authorized under the Technology-Related Assistance for 
        Individuals With Disabilities Act of 1988, or other activities 
        identified by the Secretary or the State, to which the 
        Secretary gives approval.
    (c) Amount of Financial Assistance.--
            (1) Grants to outlying areas.--From the funds appropriated 
        under section 107(a) and reserved under clause (i) of 
        subparagraph (A), (B), or (C) of section 107(b)(1) 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 from allotments 
        made in accordance with the requirements described in paragraph 
        (3).
            (3) Allotments.--From the funds described in paragraph (1) 
        that are not used to make grants under paragraph (1)--
                    (A) the Secretary shall allot $500,000 to each 
                State; and
                    (B) from the remainder of the funds--
                            (i) the Secretary shall allot to each State 
                        an amount that bears the same ratio to 80 
                        percent of the remainder as the population of 
                        the State bears to the population of all 
                        States; and
                            (ii) the Secretary shall allot to each 
                        State with a population density that is not 
                        more than 10 percent greater than the 
                        population density of the United States 
                        (according to the most recently available 
                        census data) an equal share from 20 percent of 
                        the remainder.
    (d) State Technology Plan.--Any State that desires to receive a 
grant under this section shall submit to the Secretary a plan, at such 
time, in such manner, and for such period as the Secretary may specify, 
that contains the following information and assurances:
            (1) Designation of public agency and state assistive 
        technology office.--
                    (A) In general.--Information identifying, and a 
                description of, the public agency designated by the 
                Governor to control and administer the funds made 
                available through the grant awarded to the State under 
                this section, and information identifying the entity 
                designated by the Governor to be the State Assistive 
                Technology Office (which shall carry out State 
                activities under this section), if such entity is 
                different than the designated public agency. In 
                designating the entity to be the State Assistive 
                Technology Office, the Governor may designate--
                            (i) a commission, council, or other 
                        official body appointed by the Governor;
                            (ii) a public-private partnership or 
                        consortium;
                            (iii) a public agency, including the 
                        immediate office of the Governor of the State, 
                        a State oversight office, a State agency, a 
                        public institution of higher education, a 
                        university-affiliated program, or another 
                        public entity;
                            (iv) a council established under Federal or 
                        State law; or
                            (v) another appropriate office, agency, 
                        entity, or individual.
                    (B) Expertise, experience, and ability of state 
                assistive technology office.--A description 
                demonstrating that the entity designated as the State 
                Assistive Technology Office has the expertise, 
                experience, and ability to--
                            (i) provide leadership in developing State 
                        policy related to assistive technology, 
                        including policy relating to the procurement of 
                        accessible electronic and information 
                        technology by State agencies and the 
                        incorporation of principles of universal design 
                        in the State infrastructure;
                            (ii) respond to assistive technology needs 
                        of individuals with disabilities with the full 
                        range of disabilities and of all ages;
                            (iii) promote availability throughout the 
                        State of assistive technology devices and 
                        assistive technology services;
                            (iv) promote and implement system 
                        improvement and policy advocacy activities 
                        pertaining to assistive technology devices and 
                        assistive technology services;
                            (v) work proactively and collaboratively 
                        with State agencies and private entities 
                        involved in funding and delivering assistive 
                        technology devices and assistive technology 
                        services;
                            (vi) provide technical assistance for 
                        capacity building and advocacy activities and 
                        training relating to assistive technology 
                        devices and assistive technology services, and 
                        enhancement of access to funding for assistive 
                        technology, across all State agencies;
                            (vii) promote and develop public-private 
                        partnerships related to assistive technology 
                        devices and assistive technology services;
                            (viii) exercise leadership in identifying 
                        and responding to the technology needs of 
                        individuals with disabilities and their family 
                        members, guardians, advocates, and authorized 
                        representatives; and
                            (ix) promote consumer confidence, 
                        responsiveness, and advocacy related to 
                        assistive technology devices and assistive 
                        technology services.
            (2) Involvement of entities and targeted individuals in the 
        development of the plan and implementation of the activities.--
                    (A) Entities.--A description of how various public 
                and private entities were involved in the development 
                of the plan and will be involved in the planned 
                implementation of the activities to be carried out 
                under the grant, including a description of the nature 
                and extent of each type of involvement.
                    (B) Targeted individuals.--A description of how 
                targeted individuals, especially individuals with 
                disabilities who use assistive technology, were 
                involved in the development of the plan and will be 
                involved in the planned implementation of the 
                activities, including a description of the nature and 
                extent of each type of involvement.
            (3) Advisory group.--A description of an advisory group of 
        targeted individuals, a majority of whom are individuals with 
        disabilities and parents of such individuals, who will assist 
        the State Assistive Technology Office in identifying the unmet 
        assistive technology needs of individuals with disabilities and 
        assist the Office in deciding how the assistive technology 
        needs of such individuals will be addressed by the State.
            (4) Needs assessment.--A description and the results of a 
        needs assessment from which the goals described in paragraph 
        (7) were derived.
            (5) State resources.--A description of State resources and 
        other resources that are available to commit to the maintenance 
        of the comprehensive statewide program of technology-related 
        assistance.
            (6) Electronic and information technology.--An assurance 
        that the State, and any recipient of funds made available to 
        the State under this section, not later than fiscal year 2001, 
        will have procurement policies and procedures in effect that 
        are consistent with the objectives, complaint procedures, and 
        standards of section 508 of the Rehabilitation Act of 1973.
            (7) Goals and activities.--
                    (A) In general.--A description of--
                            (i) the goals the State has set, for 
                        addressing the assistive technology needs of 
                        individuals with disabilities in the State, 
                        including any goals related to--
                                    (I) health care;
                                    (II) education;
                                    (III) employment, including goals 
                                involving the State vocational 
                                rehabilitation program carried out 
                                under title I of the Rehabilitation Act 
                                of 1973;
                                    (IV) telecommunication and 
                                information technology; or
                                    (V) community living, including 
                                participation in recreation; and
                            (ii) the activities the State will 
                        undertake to achieve such goals, in accordance 
                        with the requirements of subsection (b).
                    (B) Measures of goal achievement.--A description of 
                how the State will measure whether the goals set by the 
                State 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.
            (8) Annual assessment.--An assurance that the State will 
        conduct an annual assessment of the comprehensive statewide 
        program of technology-related assistance, in order to 
        determine--
                    (A) the extent to which the goals described in 
                paragraph (7) have been achieved; and
                    (B) the areas of need that require attention in the 
                next year.
            (9) Data collection.--A description of the data collection 
        system used for compiling information on the program, which 
        shall be consistent with any standardized data collection 
        requirements specified by the Secretary.
            (10) Use of grant funds.--An assurance that funds received 
        through the grant will be expended in accordance with the 
        provisions of this section and of the State technology plan.
            (11) Supplement other funds.--An assurance that funds 
        received through the grant--
                    (A) 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; and
                    (B) will not be used to pay a financial obligation 
                for technology-related assistance (including the 
                provision of assistive technology devices or assistive 
                technology services) that would have been paid with 
                amounts available from other sources if funds made 
                available through the grant had not been available.
            (12) Control of funds and property.--An assurance that--
                    (A) the designated public agency shall control and 
                administer funds made available through the grant;
                    (B) the designated public agency shall hold title 
                to and administer property purchased with such funds; 
                and
                    (C) an individual with a disability may control and 
                use such property.
            (13) Reports.--An assurance that the State will--
                    (A) prepare reports to the Secretary at such time, 
                in such manner, and containing such information as the 
                Secretary may require to carry out the functions of the 
                Secretary under this section or section 105; and
                    (B) 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 paragraph.
            (14) Commingling of funds.--
                    (A) In general.--An assurance that funds received 
                through the grant will not be commingled with State or 
                other funds.
                    (B) Construction.--Subparagraph (A) shall not be 
                construed to prevent, subject to such requirements as 
                the Secretary may establish concerning documentation 
                satisfactory to the Secretary, pooling of funds 
                received through the grant with other public or private 
                funds to achieve a goal specified in the grant 
                application involved, as approved by the Secretary.
            (15) Fiscal control and accounting procedures.--An 
        assurance that the State will adopt such fiscal control and 
        accounting procedures as may be necessary to ensure proper 
        disbursement of and accounting for funds received through the 
        grant.
            (16) Availability of information.--An assurance that the 
        State will make available to individuals with disabilities and 
        their family members, guardians, advocates, or authorized 
        representatives information concerning technology-related 
        assistance in a form that will allow such persons to 
        effectively use such information.
            (17) Authority to use funds.--An assurance that the State 
        Assistive Technology Office will have the authority to use 
        funds made available through a grant awarded under this 
        section.
            (18) Training activities.--An assurance that the State will 
        develop and implement strategies for including personnel 
        training regarding assistive technology within other federally 
        funded and State funded training initiatives to enhance the 
        assistive technology skills and competencies of personnel.
            (19) Limit on indirect costs.--An assurance that the 
        percentage of the funds made available under the grant that is 
        used for indirect costs shall not exceed 10 percent.
            (20) Coordination with state councils.--An assurance that 
        the State Assistive Technology Office will coordinate the 
        activities funded through the grant made under this section 
        with the activities carried out by other councils within the 
        State, including--
                    (A) any council or commission specified in the 
                State plan provision provided by the State in 
                accordance with section 101(a)(21) of the 
                Rehabilitation Act of 1973;
                    (B) the Statewide Independent Living Council 
                established under section 705 of the Rehabilitation Act 
                of 1973;
                    (C) the advisory panel established under section 
                612(a)(21) of the Individuals with Disabilities 
                Education Act (20 U.S.C. 1412(a)(21));
                    (D) the State Interagency Coordinating Council 
                established under section 641 of the Individuals with 
                Disabilities Education Act (20 U.S.C. 1441);
                    (E) the State Developmental Disabilities Council 
                established under section 124 of the Developmental 
                Disabilities Assistance and Bill of Rights Act (42 
                U.S.C. 6024);
                    (F) the State mental health planning council 
                established under section 1914 of the Public Health 
                Service Act (42 U.S.C. 300x-4); and
                    (G) any council established under section 204, 
                206(g)(2)(A), or 712(a)(3)(H) of the Older Americans 
                Act of 1965 (42 U.S.C. 3015, 3017(g)(2)(A), or 
                3058g(a)(3)(H)).
            (21) Other information and assurances.--Such other 
        information and assurances as the Secretary may reasonably 
        require.
    (e) Progress Reports.--Each State that receives a grant under this 
section shall annually prepare and submit to the Secretary a report 
that documents progress in meeting the goals described in subsection 
(d)(7) and maintaining a comprehensive statewide program of technology-
related assistance, including--
            (1) the results of the annual assessment described in 
        subsection (d)(8);
            (2) to the extent not addressed through the measurement and 
        assessment conducted under paragraph (7) or (8) of subsection 
        (d), a description of the capacity building and advocacy 
        activities carried out by the State, including a description of 
        any written policies and procedures that the State has 
        developed and implemented regarding access to, provision of, 
        and funding for, assistive technology devices and assistive 
        technology services, particularly policies and procedures 
        regarding access to, provision of, and funding for, such 
        devices and services under education (including special 
        education), vocational rehabilitation, and medical assistance 
        programs;
            (3) if not addressed under paragraph (1) or (2), a 
        description of the degree of involvement of various State 
        agencies and private entities, especially agencies and entities 
        involved in providing health insurance and education, in the 
        development, implementation, and evaluation of the program, 
        including a description of any interagency agreements that the 
        State has developed and implemented regarding access to, 
        provision of, and funding for, assistive technology devices and 
        assistive technology services, such as agreements that identify 
        available resources for assistive technology devices and 
        assistive technology services and the responsibility of each 
        such agency or entity for paying for such devices and services; 
        and
            (4) any other information the Secretary may reasonably 
        require.

SEC. 103. SUPPLEMENTARY MILLENNIUM GRANTS TO STATES FOR STATE AND LOCAL 
              CAPACITY BUILDING.

    (a) Grants to States.--
            (1) In general.--The Secretary shall award supplementary 
        grants, on a competitive basis--
                    (A) to States, to carry out 1 or more of the 
                targeted activities described in subsection (b) to 
                expand the capacity of the States to address the unmet 
                assistive technology needs of individuals with 
                disabilities; or
                    (B) to States, to provide funds to local entities 
                on a competitive basis, through subgrants or any other 
                mechanism, to enable each such local entity to carry 
                out 1 of the targeted activities described in 
                subsection (c) to expand the capacity of the local 
                entities to address the unmet needs of individuals with 
                disabilities for assistive technology and assistive 
                technology services, especially the unmet needs of 
                underrepresented populations.
            (2) Period.--The Secretary shall award the grants for 
        periods of not more than 5 years.
            (3) Eligible states.--To be eligible to receive a grant 
        under this section, a State shall have received a grant under 
        section 102.
    (b) Statewide Capacity Building Activities.--The State may use 
funds made available through a grant described in subsection (a)(1)(A) 
to carry out 1 or more of the following activities:
            (1) Obtaining, under State law or through other equivalent 
        means, the compliance of all public agencies in the State with 
        section 508 of the Rehabilitation Act of 1973, which shall 
        include establishing a mechanism for informing individuals with 
        disabilities of their rights with regard to such section 508, 
        addressing their complaints, and establishing a lead agency to 
        monitor and enforce compliance with such section 508.
            (2) Developing and implementing, documenting, and reviewing 
        a plan for enhancing the participation of all individuals with 
        disabilities in the State, in education, employment, 
        transportation, and communication, and enhancing general access 
        of the individuals, in ways that complement and exceed the 
        requirements for public and private entities under the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.), through--
                    (A) incorporating concepts of universal design in 
                physical structures, products, and services; or
                    (B) providing fiscal-related incentives to public 
                and private telecommunication ventures.
            (3) Developing and implementing activities for 
        incorporating the principles of universal design in the 
        construction and renovation of facilities, information 
        technology and telecommunications, and other products and 
        services such as transportation.
            (4) Planning and adopting State personnel standards or 
        professional certification procedures that apply to individuals 
        who, or entities that, provide assistive technology services.
            (5) Conducting evaluations of assistive technology devices 
        and assistive technology services, including computer software, 
        for the purpose of evaluating and documenting the 
        effectiveness, benefits, and compatibility of the devices or 
        services with other technologies, for individuals with 
        disabilities.
            (6) Engaging in another activity, pursuant to a priority 
        mechanism announced by the Secretary, that will have a 
        statewide impact and address the unmet assistive technology 
        needs of individuals with disabilities.
    (c) Local Capacity Building Activities.--The State may use funds 
made available through a grant described in subsection (a)(1)(B) to 
provide funds to local entities that submit acceptable plans, to enable 
each such local entity to carry out 1 of the following activities:
            (1) Developing and implementing micro-loan and alternative 
        financing programs.
            (2) Planning and carrying out equipment demonstrations in 
        community settings frequented by the public.
            (3) Developing and implementing an equipment loan program 
        involving long-term and short-term loans.
            (4) Developing and implementing an equipment recycling 
        program.
            (5) Developing and implementing outreach activities and 
        training, especially empowerment training, for individuals with 
        disabilities, teachers and parents of individuals with 
        disabilities, and underserved populations.
            (6) Carrying out other initiatives, including model 
        innovative initiatives, that meet an unmet local need related 
        to assistive technology.
    (d) Amounts of Supplementary Grants.--
            (1) Payments to states.--The Secretary shall make payments 
        to States and to outlying areas that successfully compete for 
        supplementary grants awarded under this section, in accordance 
        with the requirements of this section.
            (2) Obligation and expenditure.--A State that receives a 
        grant under this section may obligate and expend the funds made 
        available through the grant during the period of the grant.
            (3) Matching requirement.--A State that receives a grant 
        under this section in an amount that exceeds $250,000 shall 
        make available non-Federal contributions in an amount not less 
        than $1 for every $2 of the amount that exceeds $250,000.
    (e) Applications.--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 require, that contains 
the following information and assurances:
            (1) Partners.--
                    (A) State assistive technology office.--An 
                assurance that the State Assistive Technology Office 
                designated under section 102(d)(1)(A) participated in 
                the development of the application and will participate 
                in the implementation of the activities to be carried 
                out under the grant, even if the State Assistive 
                Technology Office is not the grant applicant under this 
                section.
                    (B) Partners.--A description of the partners of the 
                State involved in carrying out statewide activities 
                under the grant, including--
                            (i) the identity of each partner;
                            (ii) the role of each partner in the 
                        development of the application;
                            (iii) the capacity of each partner to 
                        contribute to the grant activities; and
                            (iv) the contribution of each partner to 
                        the grant activities.
            (2) Targeted individuals.--A description of how targeted 
        individuals, especially individuals with disabilities who use 
        assistive technology, were involved in the development of the 
        application and will be involved in the implementation of the 
        activities to be carried out under the grant.
            (3) Data.--Data that affected the selection of the 
        activities to be carried out under the grant.
            (4) Resources.--A description of State resources and other 
        resources that have been committed to carry out the activities.
            (5) Goals and activities.--
                    (A) In general.--A description of--
                            (i) the goals the State has set for the 
                        supplementary grant; and
                            (ii) the activities the State will 
                        undertake to achieve such goals, in accordance 
                        with the requirements of subsections (b) and 
                        (c).
                    (B) Measures of goal achievement.--A description of 
                how the State will measure whether the goals set by the 
                State 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.
            (6) Annual assessment.--An assurance that the State will 
        conduct an annual assessment of the activities carried out 
        under the grant, in order to determine--
                    (A) the extent to which the goals described in 
                paragraph (5) have been achieved; and
                    (B) the areas of need that require attention in the 
                next year.
            (7) Use of funds.--An assurance that funds received through 
        the grant will be expended in accordance with the provisions of 
        this section and of the application.
            (8) Supplement other funds.--An assurance that funds 
        received through the grant will be used to supplement, and not 
        supplant, funds available from other sources for any activity 
        carried out under the grant.
            (9) Reports.--An assurance that the State will, or will 
        ensure that a recipient of assistance through the grant will--
                    (A) prepare reports to the Secretary at such time, 
                in such manner, and containing such information as the 
                Secretary may require to carry out the functions of the 
                Secretary under this section or section 105; and
                    (B) 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 paragraph.
            (10) Commingling of funds.--
                    (A) In general.--An assurance that funds received 
                through the grant will not be commingled with State or 
                other funds.
                    (B) Construction.--Subparagraph (A) shall not be 
                construed to prevent, subject to such requirements as 
                the Secretary may establish concerning documentation 
                satisfactory to the Secretary, pooling of funds 
                received through the grant with other public or private 
                funds to achieve a goal specified in the grant 
                application involved, as approved by the Secretary.
            (11) Fiscal control and accounting procedures.--An 
        assurance that the State will adopt, and will ensure that a 
        recipient of assistance through the grant will adopt, such 
        fiscal control and accounting procedures as may be necessary to 
        ensure proper disbursement of and accounting for funds received 
        through the grant.
            (12) Authority to use funds.--An assurance that, the 
        partners described in paragraph (1)(B) will have the authority 
        to use funds made available through a grant awarded under this 
        section.
            (13) Limit on indirect costs.--An assurance that the 
        percentage of the funds made available under the grant that is 
        used for indirect costs shall not exceed 10 percent.
            (14) Other information and assurances.--Such other 
        information and assurances as the Secretary may reasonably 
        require.
    (f) Submission.--
            (1) Joint submission.--When a State submits the State 
        technology plan for the State under section 102(d), the State 
        may jointly submit an application described in subsection (e) 
        for funding activities under this section.
            (2) Separate information.--In making such a joint 
        submission the State shall distinguish between activities to be 
        carried out under a grant awarded under section 102 and 
        activities to be carried out under a grant awarded under this 
        section, and include a budget that separately reflects proposed 
        expenditures for the 2 types of grant activities for each 
        fiscal year involved.
    (g) Progress Reports.--Each State that receives a grant under this 
section, and any other entity that receives assistance through a grant 
awarded under this section, shall annually prepare and submit to the 
Secretary a report that documents the progress of the State or entity 
in meeting the goals described in subsection (e)(5), and any other 
information the Secretary may reasonably require.

SEC. 104. STATE GRANTS FOR PROTECTION AND ADVOCACY RELATED TO ASSISTIVE 
              TECHNOLOGY.

    (a) Grants to States.--
            (1) In general.--On the appropriation of funds under 
        section 107, 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) Certain states.--Notwithstanding paragraph (1), for a 
        State that, on the day before the date of enactment of this 
        Act, was described in section 102(f)(1) of the Technology-
        Related Assistance for Individuals With Disabilities Act of 
        1988, the Secretary shall make the grant to the lead agency 
        designated under section 101(d) or the State Assistive 
        Technology Office designated under section 102(d)(1)(A) in that 
        State, whichever is appropriate. The lead agency or office 
        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 or office shall not establish any 
        further eligibility or procedural requirements for an entity in 
        that State that supports protection and advocacy services 
        through the systems established to provide protection and 
        advocacy services under the Developmental Disabilities 
        Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.). 
        Such an entity shall comply with the same requirements 
        (including reporting and enforcement requirements) as any other 
        entity that receives funding under paragraph (1).
            (3) Periods.--The Secretary shall provide assistance 
        through such a grant to a State for 6 years.
    (b) Amount of Financial Assistance.--
            (1) Grants to outlying areas.--From the funds appropriated 
        under section 107(a) and reserved under clause (ii) of 
        subparagraph (A), (B), or (C) of section 107(b)(1) 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.
            (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 described in 
        paragraph (1) 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) Adjustment for inflation.--For any fiscal year, 
        beginning in fiscal year 2000, in which the total amount 
        appropriated and reserved as described in paragraph (1) exceeds 
        the total amount so appropriated and reserved for the preceding 
        fiscal year, the Secretary shall increase each of the minimum 
        allotments under paragraph (3)(B) by a percentage that shall 
        not exceed the percentage increase in the total amount so 
        appropriated and reserved between the preceding fiscal year and 
        the fiscal year involved.
            (5) Proportional reduction.--To provide minimum allotments 
        to systems within States (as increased under paragraph (4)) 
        under paragraph (3)(B), the Secretary shall proportionately 
        reduce the allotments of the remaining systems within States 
        under paragraph (3), with such adjustments as may be necessary 
        to prevent the allotment of any such remaining system within a 
        State from being reduced to less than the minimum allotment for 
        a system within a State (as increased under paragraph (4)) 
        under paragraph (3)(B).
            (6) 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 1 or more of the systems that the 
        Secretary determines will be able to use additional amounts 
        during such year for carrying out such provisions. Any amount 
        made available to a system for any fiscal year pursuant to the 
        preceding sentence shall, for the purposes of this section, be 
        regarded as an increase in the allotment of the system (as 
        determined under the preceding provisions of this section) for 
        such year.
    (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; and
            (5) coordinating activities with protection and advocacy 
        services funded through sources other than this title, and 
        coordinating activities with the capacity building and advocacy 
        activities carried out by the lead agency or State Assistive 
        Technology Office, as appropriate.
    (d) Reports and Updates to State Agencies.--An entity that receives 
a grant under this section shall prepare and submit to the State 
Assistive Technology Office 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 
101(d), or the State Assistive Technology Office, whichever is 
appropriate, with respect to efforts at coordination, collaboration, 
and promoting outcomes between the lead agency or the State Assistive 
Technology Office, as appropriate, and the entity that receives the 
grant under this section.

SEC. 105. ADMINISTRATIVE PROVISIONS.

    (a) Review of Participating Entities.--
            (1) In general.--The Secretary shall assess the extent to 
        which entities that receive grants pursuant to this title are 
        complying with the applicable requirements of this title and 
        achieving the goals that are consistent with the requirements 
        of the grant programs under which the entities applied for the 
        grants.
            (2) Onsite visits of states receiving certain grants.--
                    (A) In general.--The Secretary shall conduct an 
                onsite visit--
                            (i) for each State that receives a grant 
                        under section 101 and that would have been in 
                        the third or fourth year of a second extension 
                        grant under the Technology-Related Assistance 
                        for Individuals With Disabilities Act of 1988 
                        if that Act had been reauthorized for that 
                        fiscal year, prior to the end of that year; and
                            (ii) for each State that receives a grant 
                        under section 102, prior to the end of the 
                        fourth year of that grant.
                    (B) Unnecessary visits.--The Secretary shall not be 
                required to conduct a visit of a State described in 
                clause (i) or (ii) of subparagraph (A) if the Secretary 
                determines that the visit is not necessary to assess 
                whether the State is making significant progress toward 
                development and implementation of a comprehensive 
                statewide program of technology-related assistance.
            (3) Advance public notice.--The Secretary shall provide 
        advance public notice of an onsite visit conducted under 
        paragraph (2) and solicit public comment through such notice 
        from targeted individuals, regarding State goals and related 
        activities to achieve such goals funded through a grant made 
        under section 101 or 102, as appropriate.
            (4) Minimum requirements.--At a minimum, the visit shall 
        allow the Secretary to determine the extent to which the State 
        is making progress in meeting State goals and maintaining a 
        comprehensive statewide program of technology-related 
        assistance consistent with the purposes described in section 
        2(b)(1).
            (5) 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.
    (b) Corrective Action and Sanctions.--
            (1) Corrective action.--If the Secretary determines that an 
        entity fails to substantially comply with the requirements of 
        this title with respect to a grant program, the Secretary shall 
        assist the entity through a technical assistance center funded 
        under section 106 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 1 of the following 
        corrective actions selected by the Secretary:
                    (A) Partial or complete fund termination under the 
                grant program.
                    (B) Ineligibility to participate in the grant 
                program in the following year.
                    (C) Reduction in funding for the following year 
                under the grant program.
                    (D) Required redesignation of the lead agency 
                designated under section 101(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 title.
    (c) Annual Report.--
            (1) In general.--Not later than December 31 of each year, 
        the Secretary shall prepare, and submit to the President and to 
        Congress, 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 demonstrated successes of the funded 
                activities in improving interagency coordination 
                relating to assistive technology, streamlining access 
                to funding for assistive technology, and producing 
                beneficial outcomes for users of assistive technology;
                    (B) the demonstration activities carried out 
                through the funded activities to--
                            (i) promote access to such funding in 
                        public programs that were in existence on the 
                        date of the initiation of the demonstration 
                        activities; and
                            (ii) establish additional options for 
                        obtaining such funding;
                    (C) the education and training activities carried 
                out through the funded activities to educate and train 
                targeted individuals about assistive technology, 
                including increasing awareness of funding through 
                public programs for assistive technology;
                    (D) the research activities carried out through the 
                funded activities to improve understanding of the costs 
                and benefits of access to assistive technology for 
                individuals with disabilities who represent a variety 
                of ages and types of disabilities;
                    (E) the program outreach activities to rural and 
                inner-city areas that are carried out through the 
                funded activities;
                    (F) the activities carried out through the funded 
                activities that are targeted to reach underrepresented 
                populations and rural populations; and
                    (G) the consumer involvement activities carried out 
                through the funded activities.
            (3) Availability of assistive technology devices and 
        assistive technology services.--As soon as practicable, the 
        Secretary shall include in the annual report required by this 
        subsection information on the availability of assistive 
        technology devices and assistive technology services. If the 
        Secretary develops an assistive technology taxonomy under 
        section 216, after the date of the development the Secretary 
        shall present such information in the report in a manner 
        consistent with such taxonomy.
    (d) Effect on Other Assistance.--This title 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. 106. TECHNICAL ASSISTANCE PROGRAM.

    (a) In General.--Through grants, contracts, or cooperative 
agreements, awarded on a competitive basis, the Secretary is authorized 
to fund a technical assistance program to provide technical assistance 
to entities, principally entities funded under any of sections 101 
through 104.
    (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 104.
    (c) Scope of Technical Assistance.--
            (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.--In carrying out the 
        technical assistance program, taking into account the input 
        required under subsection (b), the Secretary shall ensure that 
        entities--
                    (A) address State-specific information requests 
                concerning assistive technology from other entities 
                funded under this title and public entities not funded 
                under this title, 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, 
                        administrative hearing decisions, or legal 
                        actions, 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, including information on the 
                        identification and description of mechanisms 
                        and means that successfully support self-help 
                        and peer mentoring groups for individuals with 
                        disabilities;
                            (v) other requests for technical assistance 
                        from other entities funded under this title and 
                        public entities not funded under this title; 
                        and
                            (vi) other assignments specified by the 
                        Secretary, including assisting entities 
                        described in section 105(b) to develop 
                        corrective action plans; and
                    (B) 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. 107. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this title $36,000,000 for fiscal year 1999 and such sums as may be 
necessary for fiscal years 2000 through 2004.
    (b) Reservations of Funds.--
            (1) In general.--Except as provided in paragraphs (2) 
        through (4)--
                    (A) if the amount appropriated under subsection (a) 
                for a fiscal year is less than $33,000,000--
                            (i) 87.5 percent of the amount shall be 
                        reserved to fund grants under sections 101 and 
                        102;
                            (ii) 7.9 percent shall be reserved to fund 
                        grants under section 104; and
                            (iii) 4.6 percent shall be reserved for 
                        activities funded under section 106;
                    (B) if the amount appropriated under subsection (a) 
                for a fiscal year is not less than $33,000,000 and is 
                less than $36,000,000--
                            (i) 85 percent of the amount shall be 
                        reserved to fund grants under sections 101 and 
                        102;
                            (ii) 11 percent shall be reserved to fund 
                        grants under section 104; and
                            (iii) 4 percent shall be reserved for 
                        activities funded under section 106; and
                    (C) if the amount appropriated under subsection (a) 
                for a fiscal year is not less than $36,000,000--
                            (i) 80 percent of the amount shall be 
                        reserved to fund grants under sections 101, 
                        102, and (to the extent provided in paragraph 
                        (2)) 103;
                            (ii) 15 percent shall be reserved to fund 
                        grants under section 104; and
                            (iii) 5 percent shall be reserved for 
                        activities funded under section 106.
            (2) Condition applicable to supplementary grants.--
        Beginning in fiscal year 2000, if the amount appropriated under 
        subsection (a) for a fiscal year is not less than $40,000,000, 
        the Secretary may reserve not more than 5 percent of the amount 
        to fund grants under section 103.
            (3) Reservation for continuation of technical assistance 
        initiatives.--For fiscal year 1999, the Secretary may use funds 
        reserved under clause (iii) of subparagraph (A), (B), or (C) of 
        paragraph (1) to continue funding technical assistance 
        initiatives that were funded in fiscal year 1998 under the 
        Technology-Related Assistance for Individuals With Disabilities 
        Act of 1988.
            (4) Reservation for onsite visits.--The Secretary may 
        reserve, from the amount appropriated under subsection (a) for 
        any fiscal year, such sums as the Secretary considers to be 
        necessary for the purposes of conducting onsite visits as 
        required by section 105(a)(2).

                     TITLE II--NATIONAL ACTIVITIES

                 Subtitle A--Rehabilitation Act of 1973

SEC. 201. COORDINATION OF FEDERAL RESEARCH EFFORTS.

    Section 203 of the Rehabilitation Act of 1973 (as amended by 
section 405 of the Workforce Investment Act of 1988) is amended--
            (1) in subsection (a)(1), by inserting after ``programs,'' 
        insert ``including programs relating to assistive technology 
        research and research that incorporates the principles of 
        universal design,'';
            (2) in subsection (b)--
                    (A) by inserting ``(1)'' before ``After 
                receiving'';
                    (B) by striking ``from individuals with 
                disabilities and the individuals' representatives'' and 
                inserting ``from targeted individuals'';
                    (C) by inserting after ``research'' the following: 
                (including assistive technology research and research 
                that incorporates the principles of universal 
                design)''; and
                    (D) by adding at the end the following:
    ``(2) In carrying out its duties with respect to the conduct of 
Federal research (including assistive technology research and research 
that incorporates the principles of universal design) related to 
rehabilitation of individuals with disabilities, the Committee shall--
            ``(A) share information regarding the range of assistive 
        technology research, and research that incorporates the 
        principles of universal design, that is being carried out by 
        members of the Committee and other Federal departments and 
        organizations;
            ``(B) identify, and make efforts to address, gaps in 
        assistive technology research and research that incorporates 
        the principles of universal design that are not being 
        adequately addressed;
            ``(C) identify, and establish, clear research priorities 
        related to assistive technology research and research that 
        incorporates the principles of universal design for the Federal 
        Government;
            ``(D) promote interagency collaboration and joint research 
        activities relating to assistive technology research and 
        research that incorporates the principles of universal design 
        at the Federal level, and reduce unnecessary duplication of 
        effort regarding these types of research within the Federal 
        Government; and
            ``(E) optimize the productivity of Committee members 
        through resource sharing and other cost-saving activities, 
        related to assistive technology research and research that 
        incorporates the principles of universal design.'';
            (3) by striking subsection (c) and inserting the following:
    ``(c) Not later than December 31 of each year, the Committee 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 
Labor and Human Resources of the Senate, a report that--
            ``(1) describes the progress of the Committee in fulfilling 
        the duties described in subsection (b);
            ``(2) makes such recommendations as the Committee 
        determines to be appropriate with respect to coordination of 
        policy and development of objectives and priorities for all 
        Federal programs relating to the conduct of research (including 
        assistive technology research and research that incorporates 
        the principles of universal design) related to rehabilitation 
        of individuals with disabilities; and
            ``(3) describes the activities that the Committee 
        recommended to be funded through grants, contracts, cooperative 
        agreements, and other mechanisms, for assistive technology 
        research and development and research and development that 
        incorporates the principles of universal design.''; and
            (4) by adding at the end the following:
    ``(d)(1) In order to promote coordination and cooperation among 
Federal departments and agencies conducting assistive technology 
research programs, to reduce duplication of effort among the programs, 
and to increase the availability of assistive technology for 
individuals with disabilities, the Committee may recommend activities 
to be funded through grants, contracts or cooperative agreements, or 
other mechanisms--
            ``(A) in joint research projects for assistive technology 
        research and research that incorporates the principles of 
        universal design; and
            ``(B) in other programs designed to promote a cohesive, 
        strategic Federal program of research described in subparagraph 
        (A).
    ``(2) The projects and programs described in paragraph (1) shall be 
jointly administered by at least 2 agencies or departments with 
representatives on the Committee.
    ``(3) In recommending activities to be funded in the projects and 
programs, the Committee shall obtain input from targeted individuals, 
and other organizations and individuals the Committee determines to be 
appropriate, concerning the availability and potential of technology 
for individuals with disabilities.
    ``(e) In this section, the terms `assistive technology', `targeted 
individuals', and `universal design' have the meanings given the terms 
in section 3 of the Assistive Technology Act of 1998.''.

SEC. 202. NATIONAL COUNCIL ON DISABILITY.

    Section 401 of the Rehabilitation Act of 1973 (as amended by 
section 407 of the Workforce Investment Act of 1998) is amended by 
adding at the end the following:
    ``(c)(1) Not later than December 31, 1999, the Council shall 
prepare a report describing the barriers in Federal assistive 
technology policy to increasing the availability of and access to 
assistive technology devices and assistive technology services for 
individuals with disabilities.
    ``(2) In preparing the report, the Council shall obtain input from 
the National Institute on Disability and Rehabilitation Research and 
the Association of Tech Act Projects, and from targeted individuals, as 
defined in section 3 of the Assistive Technology Act of 1998.
    ``(3) The Council shall submit the report, along with such 
recommendations as the Council determines to be appropriate, to the 
Committee on Labor and Human Resources of the Senate and the Committee 
on Education and the Workforce of the House of Representatives.''.

SEC. 203. ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD.

    (a) In General.--Section 502 of the Rehabilitation Act of 1973 (29 
U.S.C. 792) is amended--
            (1) by redesignating subsections (d) through (i) as 
        subsections (e) through (j), respectively;
            (2) by inserting after subsection (c) the following:
    ``(d) Beginning in fiscal year 2000, the Access Board, after 
consultation with the Secretary, representatives of such public and 
private entities as the Access Board determines to be appropriate 
(including the electronic and information technology industry), 
targeted individuals (as defined in section 3 of the Assistive 
Technology Act of 1998), and State information technology officers, 
shall provide training for Federal and State employees on any 
obligations related to section 508 of the Rehabilitation Act of 
1973.''; and
            (3) in the second sentence of paragraph (1) of subsection 
        (e) (as redesignated in paragraph (1)), by striking 
        ``subsection (e)'' and inserting ``subsection (f)''.
    (b) Conforming Amendment.--Section 506(c) of the Rehabilitation Act 
of 1973 (29 U.S.C. 794(c)) is amended by striking ``section 502(h)(1)'' 
and inserting ``section 502(i)(1)''.

                 Subtitle B--Other National Activities

SEC. 211. SMALL BUSINESS INCENTIVES.

    (a) Definition.--In this section, the term ``small business'' means 
a small-business concern, as described in section 3(a) of the Small 
Business Act (15 U.S.C. 632(a)).
    (b) Contracts for Design, Development, and Marketing.--
            (1) In general.--The Secretary may enter into contracts 
        with small businesses, to assist such businesses to design, 
        develop, and market assistive technology devices or assistive 
        technology services. In entering into the contracts, the 
        Secretary may give preference to businesses owned or operated 
        by individuals with disabilities.
            (2) Small business innovative research program.--Contracts 
        entered into pursuant to paragraph (1) shall be administered in 
        accordance with the contract administration requirements 
        applicable to the Department of Education under the Small 
        Business Innovative Research Program, as described in section 
        9(g) of the Small Business Act (15 U.S.C. 638(g)). Contracts 
        entered into pursuant to paragraph (1) shall not be included in 
        the calculation of the required expenditures of the Department 
        under section 9(f) of such Act (15 U.S.C. 638(f)).
    (c) Grants for Evaluation and Dissemination of Information on 
Effects of Technology Transfer.--The Secretary may make grants to small 
businesses to enable such businesses--
            (1) to work with any entity funded by the Secretary to 
        evaluate and disseminate information on the effects of 
        technology transfer on the lives of individuals with 
        disabilities;
            (2) to benefit from the experience and expertise of such 
        entities, in conducting such evaluation and dissemination; and
            (3) to utilize any technology transfer and market research 
        services such entities provide, to bring new assistive 
        technology devices and assistive technology services into 
        commerce.

SEC. 212. TECHNOLOGY TRANSFER AND UNIVERSAL DESIGN.

    (a) In General.--The Director of the National Institute on 
Disability and Rehabilitation Research may collaborate with the Federal 
Laboratory Consortium for Technology Transfer established under section 
11(e) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3710(e)), to promote technology transfer that will further 
development of assistive technology and products that incorporate the 
principles of universal design.
    (b) Collaboration.--In promoting the technology transfer, the 
Director and the Consortium described in subsection (a) may 
collaborate--
            (1) to enable the National Institute on Disability and 
        Rehabilitation Research to work more effectively with the 
        Consortium, and to enable the Consortium to fulfill the 
        responsibilities of the Consortium to assist Federal agencies 
        with technology transfer under the Stevenson-Wydler Technology 
        Innovation Act of 1980 (15 U.S.C. 3701 et seq);
            (2) to increase the awareness of staff members of the 
        Federal Laboratories regarding assistive technology issues and 
        the principles of universal design;
            (3) to compile a compendium of current and projected 
        Federal Laboratory technologies and projects that have or will 
        have an intended or recognized impact on the available range of 
        assistive technology for individuals with disabilities, 
        including technologies and projects that incorporate the 
        principles of universal design, as appropriate;
            (4) to develop strategies for applying developments in 
        assistive technology and universal design to mainstream 
        technology, to improve economies of scale and commercial 
        incentives for assistive technology; and
            (5) to cultivate developments in assistive technology and 
        universal design through demonstration projects and 
        evaluations, conducted with assistive technology professionals 
        and potential users of assistive technology.
    (c) Grants, Contracts, and Cooperative Agreements.--The Secretary 
may make grants to or enter into contracts or cooperative agreements 
with commercial, nonprofit, or other organizations, including 
institutions of higher education, to facilitate interaction with the 
Consortium to achieve the objectives of this section.
    (d) Responsibilities of Consortium.--Section 11(e)(1) of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
3710(e)(1)) is amended--
            (1) in subparagraph (I), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (J), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(K) work with the Director of the National Institute on 
        Disability and Rehabilitation Research to compile a compendium 
        of current and projected Federal Laboratory technologies and 
        projects that have or will have an intended or recognized 
        impact on the available range of assistive technology for 
        individuals with disabilities (as defined in section 3 of the 
        Assistive Technology Act of 1998), including technologies and 
        projects that incorporate the principles of universal design 
        (as defined in section 3 of such Act), as appropriate.''.

SEC. 213. UNIVERSAL DESIGN IN PRODUCTS AND THE BUILT ENVIRONMENT.

    The Secretary may make grants to commercial or other enterprises 
and institutions of higher education for the research and development 
of universal design concepts for products (including information 
technology) and the built environment. In making such grants, the 
Secretary shall give preference to enterprises and institutions that 
are owned or operated by individuals with disabilities. The Secretary 
shall define the term ``built environment'' for purposes of this 
section.

SEC. 214. OUTREACH.

    (a) Assistive Technology in Rural or Impoverished Urban Areas.--The 
Secretary may make grants, enter into cooperative agreements, or 
provide financial assistance through other mechanisms, for projects 
designed to increase the availability of assistive technology for rural 
and impoverished urban populations, by determining the unmet assistive 
technology needs of such populations, and designing and implementing 
programs to meet such needs.
    (b) Assistive Technology for Children and Older Individuals.--The 
Secretary may make grants, enter into cooperative agreements, or 
provide financial assistance through other mechanisms, for projects 
designed to increase the availability of assistive technology for 
populations of children and older individuals, by determining the unmet 
assistive technology needs of such populations, and designing and 
implementing programs to meet such needs.

SEC. 215. TRAINING PERTAINING TO REHABILITATION ENGINEERS AND 
              TECHNICIANS.

    (a) Grants and Contracts.--The Secretary shall make grants, or 
enter into contracts with, public and private agencies and 
organizations, including institutions of higher education, to help 
prepare students, including students preparing to be rehabilitation 
technicians, and faculty working in the field of rehabilitation 
engineering, for careers related to the provision of assistive 
technology devices and assistive technology services.
    (b) Activities.--An agency or organization that receives a grant or 
contract under subsection (a) may use the funds made available through 
the grant or contract--
            (1) to provide training programs for individuals employed 
        or seeking employment in the field of rehabilitation 
        engineering, including postsecondary education programs;
            (2) to provide workshops, seminars, and conferences 
        concerning rehabilitation engineering that relate to the use of 
        assistive technology devices and assistive technology services 
        to improve the lives of individuals with disabilities; and
            (3) to design, develop, and disseminate curricular 
        materials to be used in the training programs, workshops, 
        seminars, and conferences described in paragraphs (1) and (2).

SEC. 216. ASSISTIVE TECHNOLOGY TAXONOMY.

    (a) Study.--The Secretary may, directly or (if necessary) by 
entering into contracts or cooperative agreements with appropriate 
entities, conduct a study to determine the benefits of and obstacles to 
implementing throughout the Federal Government a single assistive 
technology taxonomy developed by the Secretary.
    (b) Report.--Not later than December 31, 1999, the Secretary shall 
prepare and submit to the Committee on Education and the Workforce of 
the House of Representatives and the Committee on Labor and Human 
Resources of the Senate a report that contains information detailing 
the benefits and obstacles described in subsection (a) and that 
contains such policy recommendations as the Secretary determines to be 
appropriate.

SEC. 217. PRESIDENT'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH 
              DISABILITIES.

    (a) Programs.--The President's Committee on Employment of People 
With Disabilities (referred to in this section as ``the Committee'') 
may design, develop, and implement programs to increase the voluntary 
participation of the private sector in making information technology 
accessible to individuals with disabilities, including increasing the 
involvement of individuals with disabilities in the design, 
development, and manufacturing of information technology.
    (b) Activities.--The Committee may carry out activities through the 
programs that may include--
            (1) the development and coordination of a task force, 
        which--
                    (A) shall develop and disseminate information on 
                voluntary best practices for universal accessibility in 
                information technology; and
                    (B) shall consist of members of the public and 
                private sectors, including--
                            (i) representatives of organizations 
                        representing individuals with disabilities; and
                            (ii) individuals with disabilities; and
            (2) the design, development, and implementation of outreach 
        programs to promote the adoption of best practices referred to 
        in paragraph (1)(B).
    (c) Coordination.--The Committee shall coordinate the activities of 
the Committee under this section, as appropriate, with the activities 
of the National Institute on Disability and Rehabilitation Research and 
the activities of the Department of Labor.
    (d) Technical Assistance.--The Committee may provide technical 
assistance concerning the programs carried out under this section and 
may reserve such portion of the funds appropriated to carry out this 
section as the Committee determines to be necessary to provide the 
technical assistance.
    (e) Definition.--In this section, the term ``information 
technology'' means any equipment or interconnected system or subsystem 
of equipment, that is used in the automatic acquisition, storage, 
manipulation, management, movement, control, display, switching, 
interchange, transmission, or reception of data or information, 
including a computer, ancillary equipment, software, firmware and 
similar procedures, services (including support services), and related 
resources.

SEC. 218. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this title and the provisions described in subsection (b)(1), 
$15,000,000 for fiscal year 1999, and such sums as may be necessary for 
each of fiscal years 2000 through 2004.
    (b) Reservations.--Of the funds appropriated under subsection (a) 
for a fiscal year, the Secretary shall reserve not less than--
            (1) 33 percent to carry out the provisions of section 203 
        of the Rehabilitation Act of 1973 that relate to research 
        described in section 203(b)(2)(A) of such Act;
            (2) 16 percent to carry out section 211;
            (3) 4 percent to carry out section 212;
            (4) 8 percent to carry out section 215; and
            (5) 10 percent to carry out section 217.
    (c) Availability.--Amounts appropriated under subsection (a) for a 
fiscal year shall remain available for obligation for the following 
fiscal year.

              TITLE III--ALTERNATIVE FINANCING MECHANISMS

SEC. 301. GENERAL AUTHORITY.

    (a) In General.--The Secretary shall award grants to States to pay 
for the Federal share of the cost of the establishment and 
administration of, or the expansion and administration of, an 
alternative financing program featuring 1 or more alternative financing 
mechanisms to allow individuals with disabilities and their family 
members, guardians, advocates, and authorized representatives to 
purchase assistive technology devices and assistive technology services 
(referred to individually in this title as an ``alternative financing 
mechanism'').
    (b) Mechanisms.--The alternative financing mechanisms may include--
            (1) a low-interest loan fund;
            (2) an interest buy-down program;
            (3) a revolving loan fund;
            (4) a loan guarantee or insurance program;
            (5) 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
            (6) another mechanism that meets the requirements of this 
        title and is approved by the Secretary.
    (c) Requirements.--
            (1) Period.--The Secretary may award grants under this 
        title for periods of 1 year.
            (2) Limitation.--No State may receive more than 1 grant 
        under this title.
    (d) Federal Share.--The Federal share of the cost of the 
alternative financing program shall not be more than 50 percent.
    (e) Construction.--Nothing in this section shall be construed as 
affecting the authority of a State to establish an alternative 
financing program under title I.

SEC. 302. AMOUNT OF GRANTS.

    (a) In General.--
            (1) Grants to outlying areas.--From the funds appropriated 
        under section 308 for any fiscal year that are not reserved 
        under section 308(b), 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 from allotments 
        made in accordance with the requirements described in paragraph 
        (3).
            (3) Allotments.--From the funds described in paragraph (1) 
        that are not used to make grants under paragraph (1)--
                    (A) the Secretary shall allot $500,000 to each 
                State; and
                    (B) from the remainder of the funds--
                            (i) the Secretary shall allot to each State 
                        an amount that bears the same ratio to 80 
                        percent of the remainder as the population of 
                        the State bears to the population of all 
                        States; and
                            (ii) the Secretary shall allot to each 
                        State with a population density that is not 
                        more than 10 percent greater than the 
                        population density of the United States 
                        (according to the most recently available 
                        census data) an equal share from 20 percent of 
                        the remainder.
    (b) Insufficient Funds.--If the funds appropriated under this title 
for a fiscal year are insufficient to fund the activities described in 
the acceptable applications submitted under this title for such year, a 
State whose application was approved for such year but that did not 
receive a grant under this title may update the application for the 
succeeding fiscal year. Priority shall be given in such succeeding 
fiscal year to such updated applications, if acceptable.
    (c) Definitions.--In subsection (a):
            (1) Outlying area.--The term ``outlying area'' means the 
        United States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
            (2) State.--The term ``State'' does not include the United 
        States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.

SEC. 303. APPLICATIONS AND PROCEDURES.

    (a) Eligibility.--States that receive or have received grants under 
section 101 or 102 and comply with subsection (b) shall be eligible to 
compete for grants under this title.
    (b) Application.--To be eligible to compete for a grant under this 
title, a State shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the Secretary 
may require, including--
            (1) an assurance that the State will provide the non-
        Federal share of the cost of the alternative financing program 
        in cash, from State, local, or private sources;
            (2) an assurance that the alternative financing program 
        will continue on a permanent basis;
            (3) an assurance that, and information describing the 
        manner in which, the alternative financing program will expand 
        and emphasize consumer choice and control;
            (4) an assurance that the funds made available through the 
        grant to support the alternative financing program will be used 
        to supplement and not supplant other Federal, State, and local 
        public funds expended to provide alternative financing 
        mechanisms;
            (5) an assurance that the State will ensure that--
                    (A) all funds that support the alternative 
                financing program, including funds repaid during the 
                life of the program, will be placed in a permanent 
                separate account and identified and accounted for 
                separately from any other fund;
                    (B) if the organization administering the program 
                invests funds within this account, the organization 
                will invest the funds in low-risk securities in which a 
                regulated insurance company may invest under the law of 
                the State; and
                    (C) the organization will administer the funds with 
                the same judgment and care that a person of prudence, 
                discretion, and intelligence would exercise in the 
                management of the financial affairs of such person;
            (6) an assurance that--
                    (A) funds comprised of the principal and interest 
                from the account described in paragraph (5) will be 
                available to support the alternative financing program; 
                and
                    (B) any interest or investment income that accrues 
                on or derives from such funds after such funds have 
                been placed under the control of the organization 
                administering the alternative financing program, but 
                before such funds are distributed for purposes of 
                supporting the program, will be the property of the 
                organization administering the program; and
            (7) an assurance that the percentage of the funds made 
        available through the grant that is used for indirect costs 
        shall not exceed 10 percent.
    (c) Limit.--The interest and income described in subsection 
(b)(6)(B) shall not be taken into account by any officer or employee of 
the Federal Government for purposes of determining eligibility for any 
Federal program.

SEC. 304. CONTRACTS WITH COMMUNITY-BASED ORGANIZATIONS.

    (a) In General.--A State that receives a grant under this title 
shall enter into a contract with a community-based organization 
(including a group of such organizations) that has individuals with 
disabilities involved in organizational decisionmaking at all 
organizational levels, to administer the alternative financing program.
    (b) Provisions.--The contract shall--
            (1) include a provision requiring that the program funds, 
        including the Federal and non-Federal shares of the cost of the 
        program, be administered in a manner consistent with the 
        provisions of this title;
            (2) include any provision the Secretary requires concerning 
        oversight and evaluation necessary to protect Federal financial 
        interests; and
            (3) require the community-based organization to enter into 
        a contract, to expand opportunities under this title and 
        facilitate administration of the alternative financing program, 
        with--
                    (A) commercial lending institutions or 
                organizations; or
                    (B) State financing agencies.

SEC. 305. GRANT ADMINISTRATION REQUIREMENTS.

    A State that receives a grant under this title and any community-
based organization that enters into a contract with the State under 
this title, shall submit to the Secretary, pursuant to a schedule 
established by the Secretary (or if the Secretary does not establish a 
schedule, within 12 months after the date that the State receives the 
grant), each of the following policies or procedures for administration 
of the alternative financing program:
            (1) A procedure to review and process in a timely manner 
        requests for financial assistance for immediate and potential 
        technology needs, including consideration of methods to reduce 
        paperwork and duplication of effort, particularly relating to 
        need, eligibility, and determination of the specific assistive 
        technology device or service to be financed through the 
        program.
            (2) A policy and procedure to assure that access to the 
        alternative financing program shall be given to consumers 
        regardless of type of disability, age, income level, location 
        of residence in the State, or type of assistive technology 
        device or assistive technology service for which financing is 
        requested through the program.
            (3) A procedure to assure consumer-controlled oversight of 
        the program.

SEC. 306. INFORMATION AND TECHNICAL ASSISTANCE.

    (a) In General.--The Secretary shall provide information and 
technical assistance to States under this title, which shall include--
            (1) providing assistance in preparing applications for 
        grants under this title;
            (2) assisting grant recipients under this title to develop 
        and implement alternative financing programs; and
            (3) providing any other information and technical 
        assistance the Secretary determines to be appropriate to assist 
        States to achieve the objectives of this title.
    (b) Grants, Contracts, and Cooperative Agreements.--The Secretary 
shall provide the information and technical assistance described in 
subsection (a) through grants, contracts, and cooperative agreements 
with public or private agencies and organizations, including 
institutions of higher education, with sufficient documented 
experience, expertise, and capacity to assist States in the development 
and implementation of the alternative financing programs carried out 
under this title.

SEC. 307. ANNUAL REPORT.

    Not later than December 31 of each year, the Secretary shall submit 
a report to the Committee on Education and the Workforce of the House 
of Representatives and the Committee on Labor and Human Resources of 
the Senate describing the progress of each alternative financing 
program funded under this title toward achieving the objectives of this 
title. The report shall include information on--
            (1) the number of grant applications received and approved 
        by the Secretary under this title, and the amount of each grant 
        awarded under this title;
            (2) the ratio of funds provided by each State for the 
        alternative financing program of the State to funds provided by 
        the Federal Government for the program;
            (3) the type of alternative financing mechanisms used by 
        each State and the community-based organization with which each 
        State entered into a contract, under the program; and
            (4) the amount of assistance given to consumers through the 
        program (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).

SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this title $25,000,000 for fiscal year 1999 and such sums as may be 
necessary for each of fiscal years 2000 through 2004.
    (b) Reservation.--Of the amounts appropriated under subsection (a) 
for a fiscal year, the Secretary shall reserve 2 percent for the 
purpose of providing information and technical assistance to States 
under section 306.
    (c) Availability.--Amounts appropriated under subsection (a) for a 
fiscal year shall remain available for obligation for the following 
fiscal year.

               TITLE IV--REPEAL AND CONFORMING AMENDMENTS

SEC. 401. REPEAL.

    The Technology-Related Assistance for Individuals With Disabilities 
Act of 1988 (29 U.S.C. 2201 et seq.) is repealed.

SEC. 402. CONFORMING AMENDMENTS.

    (a) Definitions.--Section 6 of the Rehabilitation Act of 1973 (as 
amended by section 403 of the Workforce Investment Act of 1998) is 
amended--
            (1) in paragraph (3), by striking ``section 3(2) of the 
        Technology-Related Assistance for Individuals With Disabilities 
        Act of 1988 (29 U.S.C. 2202(2))'' and inserting ``section 6 of 
        the Assistive Technology Act of 1998''; and
            (2) in paragraph (4), by striking ``section 3(3) of the 
        Technology-Related Assistance for Individuals With Disabilities 
        Act of 1988 (29 U.S.C. 2202(3))'' and inserting ``section 6 of 
        the Assistive Technology Act of 1998''.
    (b) Research and Other Covered Activities.--Section 204(b)(3) of 
the Rehabilitation Act of 1973 (as amended by section 405 of the 
Workforce Investment Act of 1998) is amended--
            (1) in subparagraph (C)(i), by striking ``the Technology-
        Related Assistance for Individuals With Disabilities Act of 
        1988 (29 U.S.C. 2201 et seq.)'' and inserting ``the Assistive 
        Technology Act of 1998''; and
            (2) in subparagraph (G)(i), by striking ``the Technology-
        Related Assistance for Individuals With Disabilities Act of 
        1988 (29 U.S.C. 2201 et seq.)'' and inserting ``the Assistive 
        Technology Act of 1998''.
    (c) Protection and Advocacy.--Section 509(a)(2) of the 
Rehabilitation Act of 1973 (as amended by section 408 of the Workforce 
Investment Act of 1998) is amended by striking ``the Technology-Related 
Assistance for Individuals With Disabilities Act of 1988 (42 U.S.C. 
2201 et seq.)'' and inserting ``the Assistive Technology Act of 1998''.

            Passed the Senate October 5 (legislative day, October 2), 
      1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                S. 2432

_______________________________________________________________________

                                 AN ACT

   To support programs of grants to States to address the assistive 
   technology needs of individuals with disabilities, and for other 
                               purposes.