[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4728 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4728

    To provide assistance to train teachers of children with autism 
              spectrum disorders, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2002

Mr. Smith of New Jersey (for himself, Mr. Doyle, Mr. Weldon of Florida, 
  Mr. Pickering, Mr. King, Mr. McNulty, Mrs. Maloney of New York, Mr. 
 Shows, Mr. LaTourette, Mr. Lynch, Mr. Reyes, Mr. Wamp, Mr. Payne, and 
 Mr. Rahall) introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
Committee on Ways and Means, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To provide assistance to train teachers of children with autism 
              spectrum disorders, 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.

    This Act may be cited as the ``Teacher Education for Autistic 
Children Act of 2002'' or the ``TEACH Act of 2002''.

SEC. 2. TRAINING OF SPECIAL EDUCATION TEACHERS WITH EXPERTISE IN AUTISM 
              SPECTRUM DISORDERS.

    (a) Authorization of Appropriations.--In addition to such sums as 
are otherwise authorized to be appropriated for ``Special Education-
Personnel Preparation to Improve Services and Results for Children with 
Disabilities'', there are authorized to be appropriated for ``Special 
Education-Personnel Preparation to Improve Services and Results for 
Children with Disabilities'', for each of the fiscal year 2003 through 
2007, $15,000,000--
            (1) to provide technical assistance grants to develop 
        standards for training teachers with respect to the provision 
        of education for children with autism spectrum disorders (ASD) 
        and to integrate such standards into the existing training 
        infrastructure;
            (2) to train special education teachers with an expertise 
        in autism spectrum disorders; and
            (3) to provide preservice or professional development 
        training of personnel to be special education teachers, aides 
        of such teachers or other paraprofessionals providing teaching 
        assistance, special education administrators, or staff 
        specialists (such as speech-language pathologists and school 
        psychologists) with an expertise in autism spectrum disorders.
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are authorized to 
remain available until expended.

SEC. 3. IMPROVING RESULTS FOR CHILDREN WITH AUTISM SPECTRUM DISORDERS.

    (a) Authorization of Appropriations.--In addition to such sums as 
are otherwise authorized to be appropriated to carry out subpart 1 of 
part D of the Individuals with Disabilities Education Act, there are 
authorized to be appropriated for each of the fiscal years 2003 through 
2007 $5,000,000 for competitive grants under subpart 1 of part D of 
such Act to assist State educational agencies, in cooperation with 
other appropriate entities, to improve results for children with autism 
spectrum disorders (ASD).
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are authorized to 
remain available until expended.

SEC. 4. REFUNDABLE TAX CREDIT FOR EDUCATION AND TRAINING RELATING TO 
              AUTISM SPECTRUM DISORDERS.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to refundable credits) 
is amended by redesignating section 35 as section 36 and by inserting 
after section 34 following new section:

``SEC. 35. EDUCATION AND TRAINING RELATING TO AUTISM SPECTRUM 
              DISORDERS.

    ``(a) Allowance of Credit.--In the case of an eligible individual, 
there shall be allowed as a credit against the tax imposed by this 
chapter for the taxable year an amount equal to the qualified expenses 
which are paid or incurred by the taxpayer during such taxable year.
    ``(b) Limitation.--The amount allowed as a credit under subsection 
(a) for a taxable year shall not exceed $10,000.
    ``(c) Qualified Expenses.--The term `qualified expenses' means--
            ``(1) tuition, fees, books, supplies, and equipment 
        required for the enrollment or attendance of such individual in 
        a course or program of study to prepare such individual to 
        teach children or adults with an autism spectrum disorder, and
            ``(2) interest on a qualified education loan (as defined by 
        section 221(d)(1) the proceeds of which are used to for 
        expenses described in paragraph (1).
    ``(d) Autism Spectrum Disorders.--For purposes of this section, the 
term `autism spectrum disorders' has the meaning given such term in 
section 9 of the Teacher Education for Autistic Children Act of 2002.
    ``(e) Special Rules.--
            ``(1) Approval of courses and programs of study.--A course 
        or program of study shall not be taken into account for 
        purposes of subsection (c) unless such course or program is 
        approved by the State in which such course or program is 
        offered.
            ``(2) Denial of double benefit.--No credit or deduction 
        shall be allowed under this chapter for any expense for which 
        credit is allowed under this section.
            ``(3) Coordination with other education provisions.--The 
        total amount of qualified expenses shall be reduced by the 
        amount of such expenses taken into account in determining any 
        amount allowed as a credit under section 25A, excluded under 
        section 135, 529(c)(1), or 530(d)(2), or deducted under section 
        222. For purposes of the preceding sentence, the amount taken 
        into account in determining the amount excluded under section 
        529(c)(1) shall not include that portion of the distribution 
        which represents a return of any contributions to the plan.
    ``(f) Termination.--This section shall not apply to taxable years 
beginning after December 31, 2007.''.
    (b) Technical Amendment.--Paragraph (2) of section 1324(b) of title 
31, United States Code, is amended by inserting ``or from section 35 of 
such Code'' before the period at the end.
    (c) Clerical Amendment.--The table of sections for subpart C of 
part IV of subchapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by striking the last item and inserting the following:

                              ``Sec. 35. Education and training 
                                        relating to autism spectrum 
                                        disorders.
                              ``Sec. 36. Overpayments of tax.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2002.

SEC. 5. REPORT ON AUTISM EARLY INTERVENTION ACTIVITIES.

    (a) Report.--Section 613 of the Individuals with Disabilities 
Education Act (20 U.S.C. 1413) is amended by adding at the end the 
following:
    ``(k) Report on Autism Early Intervention Activities.--
            ``(1) In general.--A local educational agency that receives 
        assistance under this part for a fiscal year shall prepare and 
        submit to the Secretary a report that contains a description of 
        the activities referred to in paragraph (2) carried out in the 
        preceding fiscal year.
            ``(2) Information.--The activities referred to in this 
        paragraph are the following:
                    ``(A) Activities carried out by the agency to 
                ensure that students who exhibit symptoms of autism 
                spectrum disorders (ASD) are referred to appropriate 
                experts for diagnosis.
                    ``(B) Appropriate training provided by the agency, 
                or on behalf of the agency, of personnel of the agency 
                and schools of the agency to carry out the activities 
                described in subparagraph (A).
            ``(3) Definition.--In this subsection, the term `autism 
        spectrum disorders' has the meaning given the term in section 9 
        of the Teacher Education for Autistic Children Act of 2002.''.
    (b) Technical Assistance.--The Secretary of Education shall provide 
technical assistance to local educational agencies that receive 
assistance under part B of the Individuals with Disabilities Education 
Act to assist such agencies comply with the reporting requirement under 
section 613(k) of such Act (as added by subsection (a)).

SEC. 6. TASK FORCE ON AUTISM SPECTRUM DISORDERS.

    (a) Establishment.--The Secretary of Education, acting through the 
Assistant Secretary for Special Education and Rehabilitative Services, 
shall establish and provide administrative support for a Task Force on 
Autism Spectrum Disorders (ASD) (in this section referred to as the 
``Task Force'').
    (b) Duties.--The Task Force shall--
            (1) conduct a review of minimum standards relating to the 
        provision of special education for children with autism 
        spectrum disorders and provide recommendations to improve or 
        otherwise strengthen such standards;
            (2) conduct a review of the effectiveness of existing 
        educational models used with respect to the provision of 
        special education for children with autism spectrum disorders; 
        and
            (3) conduct an evaluation of programs carried out by State 
        and local educational agencies to train teachers with respect 
        to the provision of special education for children with autism 
        spectrum disorders and provide recommendations to improve and 
        expand such programs.
    (c) Composition.--
            (1) In general.--The Secretary of Education, acting through 
        the Assistant Secretary for Special Education and 
        Rehabilitative Services and in consultation with the Director 
        of the National Research Council (or the Director's designee), 
        shall appoint members of the Task Force as follows:
                    (A) Not less than two members shall be 
                representatives from national autism organizations.
                    (B) Not less than one member shall be an individual 
                with an autism spectrum disorder or a parent (or legal 
                guardian) of such an individual.
                    (C) Not less than two members shall be 
                representatives from academia or professionals with 
                experience in working with children with autism.
                    (D) Not less than two members shall be appropriate 
                officers or employees of the Department of Education.
                    (E) Not less than two members shall be appropriate 
                officers or employees of the Department of Health and 
                Human Services (to be appointed in consultation with 
                the Secretary of Health and Human Services).
            (2) Compensation.--
                    (A) Rates of pay.--Except as provided in 
                subparagraph (B), members of the Task Force shall be 
                paid at the maximum rate of basic pay for GS-14 of the 
                General Schedule for each day during which they are 
                engaged in the actual performance of duties of the Task 
                Force.
                    (B) Prohibition of compensation of federal 
                employees.--Members of the Task Force who are full-time 
                officers or employees of the United States may not 
                receive additional pay, allowances, or benefits by 
                reason of their service on the Task Force.
                    (C) Travel expenses.--Each member of the Task Force 
                shall receive travel expenses, including per diem in 
                lieu of subsistence, in accordance with applicable 
                provisions under subchapter I of chapter 57 of title 5, 
                United States Code.
    (d) Report.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter for each of the 
subsequent four calendar years, the Task Force shall prepare and submit 
to the Secretary of Education a report that contains the results of the 
reviews and evaluations conducted pursuant to subsection (b) and a 
description of the recommendations proposed pursuant to such 
subsection.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section $500,000 for fiscal years 2003 through 
        2007.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) are 
        authorized to remain available until expended.

SEC. 7. STUDY AND REPORT ON FEDERAL VOCATIONAL TRAINING PROGRAMS.

    (a) Study.--The Secretary of Education, in conjunction with the 
Secretary of Labor (hereinafter in this section referred to as the 
``Secretaries''), shall conduct a study on the effectiveness of Federal 
vocational training programs in providing appropriate assistance to 
individuals with autism spectrum disorders (ASD)
    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Secretaries shall submit to Congress a 
report that contains the following:
            (1) The results of the study conducted under subsection 
        (a).
            (2) Administrative and legislative recommendations to 
        improve the effectiveness of Federal vocational training 
        programs in providing appropriate assistance to individuals 
        with autism spectrum disorders.
            (3) Recommendations on appropriate data that should be 
        collected, maintained, and disseminated in order to better 
        monitor the effectiveness of each vocational training program 
        that serves individuals with autism spectrum disorders.

SEC. 8. STATE AUTISM OMBUDSMAN OFFICES.

    (a) Grants to States.--Of the amount appropriated pursuant to the 
authorization of appropriations under subsection (d) for a fiscal year, 
the Secretary of Education shall provide grants to each State that 
meets the requirements of subsection (b) for the purpose of carrying 
out this section.
    (b) State Requirements.--A State meets the requirements of this 
subsection if it establishes and operates (including through the use of 
funds provided under a grant under subsection (a)) at least one State 
autism ombudsman office in accordance with this section. The office 
shall be headed by an individual who shall be selected from among 
individuals who are members of, or approved by, national, non-profit 
organizations, including their State and local affiliate organizations, 
dedicated to addressing, by whatever means, the needs of individuals 
with autism spectrum disorders or their families or legal guardians.
    (c) Duties of Office.--
            (1) In general.--A State autism ombudsman office 
        established in accordance with subsection (b) shall serve 
        individuals with autism spectrum disorders and their families 
        or guardians as a resource to assist with legal, educational, 
        and family support systems issues, including by advising 
        families or guardians on the process of the individualized 
        education program, interpreting school communications regarding 
        a child who exhibits autistic behavior, proposing alternatives 
        to those proposed by the IEP team, and otherwise mediating 
        between families or guardians of a child with an autism 
        spectrum disorder and officials of local or State public school 
        systems, agencies, or boards.
            (2) Definition.--In this subsection, the term 
        ``individualized education program'' or ``IEP'' means a written 
        statement for a child with a disability that is developed, 
        reviewed, and revised in accordance with section 614(d) of the 
        Individuals with Disabilities Education Act.
    (d) Requirements.--A State autism ombudsman office established in 
accordance with subsection (b) shall--
            (1) coordinate with the State developmental disabilities 
        council, university-affiliated programs, regional resource 
        centers, and other appropriate State entities; and
            (2) operate independently of the State educational agency 
        and local educational agencies within the State.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $8,000,000 for each of the 
fiscal years 2003 through 2007.

SEC. 9. DEFINITION.

    In this Act, the term ``autism spectrum disorders''--
            (1) means any of a group of life-long neurological 
        disabilities, characterized by problems with social 
        interactions and communication skills, and by the need for 
        sameness or repetition in behavior; and
            (2) includes autistic disorder, Asperger's disorder, and 
        pervasive developmental disorder not otherwise specified.
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