[Congressional Record Volume 144, Number 78 (Tuesday, June 16, 1998)]
[Senate]
[Pages S6407-S6412]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BOND:
  S. 2173. A bill to amend the Rehabilitation Act of 1973 to provide 
for research and development of assistance technology and universally 
designed technology, and for other purposes; to the Committee on Labor 
and Human Resources.


   ASSISTIVE AND UNIVERSALLY DESIGNED TECHNOLOGY IMPROVEMENT ACT FOR 
                     INDIVIDUALS WITH DISABILITIES

  Mr. BOND. Mr. President, today I am introducing a bill which will 
improve assistive and universally designed technology research and 
development and increase access to this technology for all Americans 
with disabilities.

  Assistive and universally designed technology provides a disabled 
individual the means to function better in the workplace or the home. 
Assistive and universally designed technology is technology that aids 
the millions of Americans with physical or mental disabilities. For 
example, assistive technology can mean a computer that can be used by 
an individual with Cerebral Palsy, a hearing aid for an aging 
individual or enhanced voice recognition for someone with Multiple 
Sclerosis, while universally designed technology can mean closed 
captioning for the deaf or for patrons in crowded restaurants and 
accessability ramps for individuals in wheelchairs or mothers with 
strollers.
  A year ago my office was approached by a small business owner and 
Missouri's United Cerebral Palsy asking for support for testing of a 
breakthrough in Voice Recognition technology. During my search to find 
an appropriate place for funding for this voice recognition technology, 
my staff and I became familiar with the overall government efforts in 
this area.
  There are many significant problems in the federal government's 
efforts in assistive technology research and development. My finding's 
were validated by a recent report from the National Academy of 
Sciences' Institute of Medicine, ``Enabling America: Assessing the Role 
of Rehabilitation Science and Engineering,'' which stressed that the 
federal government's efforts in this area are lacking awareness, 
funding, and coordination.

[[Page S6408]]

  My distinguished colleague in the House, Congresswoman Connie 
Morella, Chairwoman of the House Science's Subcommittee on Technology, 
joins me today in introducing the Assistive and Universally Designed 
Technology Improvement Act for Individuals with Disabilities.
  The Act provides federally supported incentives in all areas of 
assistive and universally designed technology, including need 
identification, research and development, product evaluation, 
technology transfer, and commercialization. These incentives achieve 
the goal of improving the quality, functional capability, distribution, 
and affordability of this essential technology.
  This legislation does several things.
  First, the bill includes an improved peer review process at the 
National Institute on Disability Research and Rehabilitation (NIDRR) at 
the Department of Education. This provision requires standing peer 
review panels and clarifies the evaluation of applications for funding 
of assistive and universally designed technology. These improvements 
provide more assistive and universally designed technology products to 
the marketplace, increase small business involvement in research and 
development, and assure research and development efforts cover all 
disability groups including persons with physical and mental 
disabilities as well as the aging and rural technology users.
  Second, the legislation augments technology transfer through 
improving the role of the Interagency Committee on Disability Research 
(ICDR) by increasing its authority, accountability and ability to 
coordinate. Provisions are included for increased usage of the Federal 
labs to improve coordination with all Federal agencies involved in 
assistive and universally designed technology research and development 
and for providing public and private sector partnerships for assistive 
and universally designed technology research and development.

  Third, to increase the market for assistive technology, the bill 
clarifies Title III of the Tech Act for the Microloan program. This 
microloan program assists disabled persons in obtaining assistive and 
universally designed technology.
  Fourth, funds are authorized for the Interagency Committee on 
Disability Research to hire staff and for operating costs associated 
with issuing surveys and reports. Additionally, $10 million in funds 
are authorized for the National Institute on Disability Research and 
Rehabilitation to provide for assistive and universally designed 
technology research and development.
  Finally, to increase access to assistive and universally designed 
technology, tax incentives are included to provide businesses a tax 
credit for the development of assistive technology, to expand the 
architectural and transportation barrier removal deduction to include 
communication barriers, and to expand the work opportunity credit to 
include expenses incurred in the acquisition of technology to 
facilitate the employment of any individual with a disability.
  These tax incentives and micro loans will assist individuals with 
disabilities to obtain assistive and universally designed technology in 
order to improve their quality of life, to secure and maintain 
employment, and to assist small businesses in complying with Americans 
with Disabilities Act requirements, which in effect, results in 
lessened financial burdens on society.
  As technology increasingly plays a 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 transforming of 
employment, and in the provision of education, it also greatly impacts 
the lives of the more than 50 million individuals with disabilities in 
the United States.
  An agenda, including support for universal design, represents the 
only effective means for guaranteeing the benefits of technology to all 
persons in the United States, regardless of disability or age, in 
addition to assuring for United States industry the continued growth in 
markets that will warrant continued high levels of innovation and 
research.
  This legislation has the support of many organizations, including: 
The Missouri Assistive Technology Advisory Council, the United Cerebral 
Palsy Association, the Rehabilitation Engineering and Assistive 
Technology Society of North America, the National Easter Seal Society, 
and the Association of Tech Act Projects.
  The bill also has broad bipartisan and bicameral support. My 
colleagues, Senator Jeffords, Senator Harkin, Senator Grassley, and 
Congresswoman Connie Morella have been very helpful in my efforts to 
improve the role of the federal government in assistive and universally 
designed technology.
  Let me conclude by taking special note of the help of the National 
and Missouri United Cerebral Palsy, as well as the Missouri Assistive 
Technology Project, the Federal Laboratory Consortium, and the numerous 
assistive and universally designed technology and disability community 
advocate organizations, for their assistance in developing and 
advocating this legislation.
  Mr. President, I ask unanimous consent that the bill, the amendment I 
submit today, and letters of support be printed in the Record.
  There being no objection, the items were ordered to be printed in the 
Record, as follows:

                                S. 2173

       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 ``Assistive and Universally 
     Designed Technology Improvement Act for Individuals with 
     Disabilities''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The area of assistive technology is greatly overlooked 
     by the Federal Government and the private sector. While 
     assistive technology's importance spans age and disability 
     classifications, assistive technology does not maintain the 
     recognition in the Federal Government necessary to provide 
     important assistance for research and development programs or 
     to individuals with disabilities. The private sector lacks 
     adequate incentives to produce assistive technology, and end-
     users lack adequate resources to acquire assistive 
     technology.
       (2) 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, in the transformation of employment, and in the 
     provision of education, technology's impact upon the lives of 
     the more than 50,000,000 individuals with disabilities in the 
     United States has been comparable to technology's impact upon 
     the remainder of our Nation's citizens. No development in 
     mainstream technology can be imagined that will not have 
     profound implications for individuals with disabilities.
       (3) In a technological environment, the line of demarcation 
     between assistive and mainstream technology becomes ever more 
     difficult to draw, and the decisions made by the designers of 
     mainstream equipment and services will increasingly determine 
     whether and to what extent the equipment and services can be 
     accessed and used by individuals with disabilities.
       (4) A commitment to assistive technology, while remaining 
     important, cannot alone ensure access to technology and 
     communications networks by individuals with disabilities. An 
     agenda, including support for universal design, represents 
     the only effective means for guaranteeing the benefits of 
     technology to all persons in the United States, regardless of 
     disability or age, and for assuring for United States 
     industry the continued growth in markets that will warrant 
     continued high levels of innovation and research.
       (5) The Federal Government needs to make improvements to 
     peer review processes that affect assistive technology 
     research and development.
       (6) There are insufficient links between federally funded 
     assistive technology research and development programs and 
     the private sector entities responsible for translating 
     research and development into significant new products in the 
     marketplace for end-users.
       (7) The Federal Government does not provide assistive 
     technology that is universally designed and targets older and 
     rural assistive technology end-users.
       (8) The Federal Government does not coordinate all Federal 
     assistive technology research and development.
       (9) Small businesses, which provide many innovative ideas 
     for assistive technology and provide the vast majority of 
     research and development efforts that lead to viable 
     commercial assistive technology products, are not utilized in 
     Federal assistive technology research and development efforts 
     to the extent that small businesses may play a key role in 
     assistive technology research and development. In addition, 
     small businesses lack access to the resources of the Federal 
     laboratories and would benefit from partnerships with the 
     Federal laboratories.
       (10) Many more individuals with disabilities could secure 
     and maintain employment and move from income supports to 
     competitive work if given the ability to purchase assistive 
     technology. Tax incentives for businesses to purchase 
     assistive technology for

[[Page S6409]]

     their employees, and micro loans for individuals to purchase 
     assistive technology, help individuals with disabilities 
     improve their quality of life. Such incentives and loans lead 
     to more productive lives, while lessening the financial 
     burdens on society.

     SEC. 3. PURPOSE.

       The purposes of this Act are--
       (1) to improve the quality, functional capability, 
     distribution, and affordability of assistive technology and 
     universally designed technology, through federally supported 
     incentives for all the participants in need identification, 
     research and development, product evaluation, technology 
     transfer, and commercialization, for such technologies, to 
     enhance quality of life and ability to obtain employment for 
     all individuals with disabilities;
       (2) to clarify the role of the National Institute on 
     Disability and Rehabilitation Research at the Department of 
     Education so as to provide for better peer reviews;
       (3) to improve coordination of Federal assistive technology 
     research and development by strengthening the Interagency 
     Committee on Disability Research;
       (4) to prioritize assistive technology research, 
     development, and dissemination efforts to match the needs of 
     the underserved assistive technology end-users such as older 
     and rural end-users;
       (5) to increase the use of universal design in the 
     commercial development of standard products;
       (6) to incorporate the principles of universal design in 
     the development of assistive technology;
       (7) to increase usage of the Small Business Innovative 
     Research Program as defined in section 9(e) of the Small 
     Business Act (15 U.S.C. 638(e));
       (8) to improve coordination between the Federal 
     laboratories and the members of the Interagency Committee on 
     Disability Research;
       (9) to improve the transfer of technology from mission-
     oriented applications in Federal laboratories to assistive 
     technology applications in research and development programs, 
     and to transfer prototype assistive technology products from 
     federally sponsored programs to the private sector;
       (10) to increase the availability of assistive technology 
     products and universally designed technology products in the 
     marketplace for the end-users; and
       (11) to create tax incentives and micro loans to assist 
     individuals with disabilities to obtain assistive technology 
     and universally designed technology in order to improve their 
     quality of life and to secure and maintain employment.

     SEC. 4. PEER REVIEW PROCESS.

       Title II of the Rehabilitation Act of 1973 (29 U.S.C. 761a 
     et seq.) is amended by adding at the end the following:

     ``SEC. 206. PEER REVIEW PROCESS.

       ``(a) Peer Review Panels.--
       ``(1) Composition.--
       ``(A) In general.--The Director shall establish a peer 
     review process, involving peer review panels composed of 
     members appointed by the Director, for the review of 
     applications for grants, contracts, or cooperative agreements 
     under this title for research and development of assistive 
     technology and universally designed technology.
       ``(B) Duration.--The members of such a peer review panel 
     shall serve for terms of 3 years, except that the members 
     initially appointed may serve for shorter terms.
       ``(C) Member terms.--Members of a peer review panel shall 
     serve staggered terms so as to provide for institutional 
     memory and experience at all times.
       ``(D) Selection and appointment.--
       ``(i) In general.--Members of peer review panels shall be 
     selected and appointed based upon their training and 
     experience in relevant scientific or technical fields, taking 
     into account, among other factors--

       ``(I) the level of formal scientific or technical education 
     completed or experience acquired by an individual;
       ``(II) the extent to which the individual has engaged in 
     relevant research, the capacities (such as principal 
     investigator or assistant) in which the individual has so 
     engaged, and the quality of such research;
       ``(III) the recognition of the individual, as reflected by 
     awards and other honors received from scientific and 
     professional organizations outside the Department of 
     Education; and
       ``(IV) the need for a panel to include experts from various 
     areas or specializations within the fields of assistive 
     technology and universally designed technology.

       ``(ii) Special rules.--To the extent practicable, the peer 
     review panels shall have, collectively, a significant number 
     of members who are individuals with disabilities, and the 
     members of the panels shall reflect the population of the 
     United States as a whole in terms of gender, race, and 
     ethnicity.
       ``(E) Officers and employees of the federal government.--
     Not more than \1/4\ of the members of any peer review panel 
     may be officers or employees of the Federal Government. For 
     purposes of the preceding sentence, an individual who is a 
     member of a peer review panel shall not, by virtue of such 
     service, be considered to be an officer or employee of the 
     Federal Government.
       ``(2) Conflict of interest.--
       ``(A) In general.--No member of a peer review panel may 
     participate in or be present during any review by the peer 
     review panel of an application for a grant, contract, or 
     cooperative agreement, in which, to the member's knowledge, 
     any of the following has a financial interest:
       ``(i) The member of the panel or the member's spouse, 
     parent, child, or business partner.
       ``(ii) Any organization with which the member or the 
     member's spouse, parent, child, or business partner is 
     negotiating or has any arrangement concerning employment or 
     any other similar association.
       ``(B) Disqualified panel.--In the event any member of a 
     peer review panel or the member's spouse, parent, child, or 
     business partner is currently, or is expected to be, the 
     principal investigator or a member of the staff responsible 
     for carrying out any research or development activities 
     described in an application for a grant, contract, or 
     cooperative agreement, the Secretary shall disqualify the 
     panel from reviewing the application and ensure that the 
     review will be conducted by another peer review panel with 
     the expertise to conduct the review. If there is no other 
     panel with the requisite expertise, the Secretary shall 
     ensure that the review will be conducted by an ad hoc panel 
     of members of the peer review panels, not more than 50 
     percent of whom may be from the disqualified panel.
       ``(C) Prohibition.--No member of a peer review panel may 
     participate in or be present during any review under this 
     title of a specific application for a grant, contract, or 
     cooperative agreement for an activity for which the member 
     has had or is expected to have any other responsibility or 
     involvement (either before or after the grant, contract, or 
     cooperative agreement was awarded for the activity) as an 
     officer or employee of the Federal Government.
       ``(3) Availability of information.--Transcripts, minutes, 
     and other documents made available to or prepared for or by a 
     peer review panel shall be available for public inspection 
     and copying to the extent provided in section 552 of title 5, 
     United States Code (commonly known as the `Freedom of 
     Information Act'), the Federal Advisory Committee Act (5 
     U.S.C. App.), and section 552a of title 5, United States Code 
     (commonly known as the `Privacy Act of 1974').
       ``(4) Evaluation of application.--A peer review panel 
     shall--
       ``(A) evaluate applications for grants, contracts, or 
     cooperative agreements under this title with respect to 
     research and development of assistive technology and 
     universally designed technology to assure duplication of such 
     research and development does not occur across Federal 
     departments and agencies; and
       ``(B) evaluate the applications with respect to meeting 
     immediate needs for research and development of assistive 
     technology and universally designed technology in the 
     disabled community (as identified in data collected by the 
     Interagency Committee on Disability Research), through 
     criteria that will ensure the effectiveness of the priorities 
     of the Interagency Committee for such research and 
     development.
       ``(5) Application review criteria.--In carrying out a 
     review of an application for a grant, contract, or 
     cooperative agreement with respect to research and 
     development of assistive technology or universally designed 
     technology under this section, the peer review panel, among 
     other factors, shall take into account--
       ``(A) the need for research and development of assistive 
     technology and universally designed technology that 
     facilitates individuals with disabilities obtaining 
     employment;
       ``(B) the need to allocate amounts of assistance through 
     grants, contracts, or cooperative agreements for research and 
     development of assistive technology and universally designed 
     technology in a manner proportionate to need for assistive 
     technology and universally designed technology, and 
     proportionate to the population of disability groups, 
     including individuals with physical disabilities, individuals 
     with cognitive disabilities, older individuals with 
     disabilities, and rural assistive technology and universally 
     designed technology end-users;
       ``(C) the significance and originality from a scientific or 
     technical standpoint of the goals of the proposed research 
     and development;
       ``(D) the adequacy of the methodology proposed to carry out 
     the research and development;
       ``(E) the qualifications and experience of the proposed 
     principal investigator and staff for the research and 
     development;
       ``(F) the reasonable availability of resources necessary to 
     the research and development;
       ``(G) the reasonableness of the proposed budget and the 
     duration in relation to the proposed research and 
     development;
       ``(H) if an application involves activities that may have 
     an adverse effect upon humans, animals, or the environment, 
     the adequacy of the proposed means for protecting against or 
     minimizing such effects;
       ``(I) the extent to which appropriate measures will be 
     taken to advance the cause of universal design through 
     proposed assistive technology research and development, 
     including the extent to which the applicant has reviewed a 
     variety of existing measures (as of the date of the review) 
     on the part of the designers and producers of assistive 
     technology and the providers of related services to produce 
     universally designed technology;
       ``(J) the extent to which efforts shall be made to include 
     small businesses in the proposed research and development of 
     assistive

[[Page S6410]]

     technology or universally designed technology through 
     increased usage of the Small Business Innovative Research 
     Program as defined in section 9(e) of the Small Business Act 
     (15 U.S.C. 638(e));
       ``(K) the extent to which the proposed research and 
     development of assistive technology or universally designed 
     technology will result in the production of actual products 
     for the marketplace for assistive technology or universally 
     designed technology end-users;
       ``(L) the extent to which the applicant identifies 
     secondary benefits or applications of the assistive 
     technology or universally designed technology involved, or 
     agrees to make matching contributions (in cash or in kind, 
     fairly evaluated) toward the cost of the research and 
     development, in partnership with representatives of industry, 
     government, and educational institutions; and
       ``(M) the extent to which proposed research and development 
     of universally designed technology will result in a change in 
     design of standard products, so that the products are more 
     usable by a broad range of individuals with disabilities or 
     older individuals.
       ``(6) Compensation.--Each member of a peer review panel who 
     is not an officer or employee of the Federal Government shall 
     be compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the panel. All members of the panel who are officers or 
     employees of the Federal Government shall serve without 
     compensation in addition to compensation received for their 
     services as officers or employees of the Federal Government.
       ``(7) Travel expenses.--The members of the panel shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the panel.
       ``(8) Termination.--Section 14 of the Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the peer 
     review panels.

     ``SEC. 207. DEFINITIONS.

       ``In this title:
       ``(1) Assistive technology.--The term `assistive 
     technology' means technology designed to be utilized in an 
     assistive technology device or assistive technology service.
       ``(2) Assistive technology and universally designed 
     technology end-user.--The term `assistive technology and 
     universally designed technology end-user' means any 
     individual with a disability who uses assistive technology or 
     universally designed technology to improve the quality of 
     life of the individual or to obtain employment, including an 
     individual with a physical disability, a cognitive 
     disability, or a sensory disability, or an older individual.
       ``(3) Technology transfer.--The term `technology transfer' 
     means the transmittal of developed ideas, products, and 
     techniques--
       ``(A) from a research environment to an environment of 
     practical application; or
       ``(B) from application in a prototype invention to mass 
     production in a commercial product.
       ``(4) Universal design.--The term `universal design' means 
     the design, development, fabrication, marketing, and 
     technical support of products, services, and environments 
     designed to be usable, to the greatest extent possible, by 
     the largest number of persons, including individuals with 
     disabilities and individuals without disabilities. No 
     product, service, or environment shall be considered to have 
     a universal design if use of the product, service, or 
     environment is substantially limited or prevented by reason 
     of--
       ``(A) a disability related to hearing, vision, learning, 
     strength, reach, or movement; or
       ``(B) the existence of any other limitation of a major life 
     function.''.

     SEC. 5. TECHNOLOGY TRANSFER.

       (a) Amendments to Provisions Relating to the Interagency 
     Committee on Disability Research.--Section 203 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 761b) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Each member of the Committee shall attend all 
     meetings of the Committee or delegate the responsibility for 
     attending the meetings to a designee with the authority to 
     commit the department or agency represented to participate in 
     a joint project, the authority to comment on issues on behalf 
     of the department or agency, and the expertise to participate 
     in Committee discussions.'';
       (2) in subsection (b)--
       (A) by inserting ``(1)'' before ``After receiving''; and
       (B) by adding at the end the following:
       ``(2) The Committee shall--
       ``(A) monitor the range of research and development of 
     assistive technology and universally designed technology 
     carried out by the Federal departments and agencies 
     represented on the Committee;
       ``(B) ensure that the highest quality research and 
     development of assistive technology and universally designed 
     technology (through methods such as peer review) is carried 
     out by the departments and agencies;
       ``(C) identify and establish clear research priorities for 
     research and development of assistive technology and 
     universally designed technology that will benefit individuals 
     with disabilities, and permit joint ventures concerning 
     research and development of assistive technology and 
     universally designed technology among the department needs 
     and agencies;
       ``(D) ensure interagency collaboration and joint research 
     activities and reduce unnecessary duplication of effort by 
     the departments and agencies;
       ``(E) develop effective technology transfer activities for 
     the departments and agencies, including activities resulting 
     from increased supply of assistive technology and universally 
     designed technology or increased demand of assistive 
     technology and universally designed technology end-users;
       ``(F) help establish and maintain the use of consistent 
     definitions and terminologies among the departments and 
     agencies, which definitions shall contribute to the 
     production of comparable research and to the development of 
     reliable statistical data across departments and agencies;
       ``(G) optimize the productivity of the departments and 
     agencies through resource sharing and other cost-saving 
     activities;
       ``(H) identify gaps in needed research and development and 
     make efforts to ensure that the gaps are filled by a Federal 
     department or agency represented on the Committee; and
       ``(I) collaborate with member agencies on specific projects 
     that need additional funding beyond the capacity of 1 Federal 
     department or agency represented on the Committee.'';
       (3) by redesignating subsection (c) as subsection (d);
       (4) by inserting after subsection (b) the following:
       ``(c)(1) The Director shall establish special task forces 
     and subcommittees of the Committee for research and 
     development of assistive technology and universally designed 
     technology, including task forces and subcommittees related 
     to medical rehabilitation, technology (including universal 
     design), and the employment of individuals with disabilities.
       ``(2) The Director shall appoint 2 full-time staff members 
     to assist the Director in the operation of the Committee.'';
       (5) in subsection (d) (as redesignated by paragraph (3))--
       (A) by inserting ``(1)'' before ``The Committee''; and
       (B) by adding at the end the following:
       ``(2) The Director shall issue a biannual report announcing 
     the availability of the grants, contracts, or cooperative 
     agreements made available through Federal departments and 
     agencies represented on the Committee for research and 
     development of assistive technology and universally designed 
     technology.
       ``(3) The Director shall submit to the Commissioner for 
     inclusion in the annual report to Congress described in 
     section 13--
       ``(A) the results and an analysis of the activities 
     conducted under grants, contracts, or cooperative agreements 
     awarded by departments and agencies represented on the 
     Interagency Committee on Disability Research for research and 
     development of assistive technology and universally designed 
     technology;
       ``(B) a detailed summary of the activities and the 
     effectiveness of the Committee in expanding research 
     opportunities that lead to direct development of assistive 
     technology devices and assistive technology services; and
       ``(C) results of periodic surveys of manufacturers and 
     suppliers of assistive technology and universally designed 
     technology, and of assistive technology and universally 
     designed technology end-users.''.
       (b) Amendments to the Stevenson-Wydler Technology 
     Innovation Act of 1980.--Section 11(e) of the Stevenson-
     Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710(e)) 
     is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (I), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (J), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(K) develop and disseminate, including through accessible 
     electronic formats, to all Federal, State, and local agencies 
     and instrumentalities involved in assistive technology and 
     universally designed technology, in order to maximize 
     research and development of assistive technology and 
     universally designed technology, information that indicates--
       ``(i) the extent of all activities undertaken by the 
     Federal laboratories in the previous year having an intended 
     or a recognized potential impact upon individuals with 
     disabilities;
       ``(ii) the degree to which ongoing or projected activities 
     of the Federal laboratories are expected to have an impact 
     upon the available range of, or applications for, assistive 
     technology and universally designed technology;
       ``(iii) the extent to which expert resources within the 
     Consortium are made available or can be accessed for the 
     purpose of meeting needs related to assistive technology and 
     universally designed technology in the communities where the 
     Federal laboratories operate; and
       ``(iv) the extent to which each Federal laboratory has 
     attempted to involve, and succeeded in involving, individuals 
     with disabilities in the development of priorities, plans, 
     and prototypes with respect to assistive

[[Page S6411]]

     technology and universally designed technology.''; and
       (2) by adding at the end the following:
       ``(8)(A) The Director of the National Institute on 
     Disability and Rehabilitation Research shall participate 
     annually in the national meeting and interagency meeting of 
     the Consortium.
       ``(B) The Director, in collaboration with other members of 
     the Interagency Committee on Disability Research, where 
     appropriate, shall coordinate the activities of the Federal 
     laboratories, with respect to research and development of 
     assistive technology and universally designed technology.
       ``(C) In conjunction with members of the Interagency 
     Committee on Disability Research, the Director shall utilize 
     the resources of the Consortium to identify potential public 
     and private sector partners for research and development 
     collaboration regarding assistive technology and universally 
     designed technology.
       ``(9) In this section:
       ``(A) The terms `individual with a disability' and 
     `individuals with disabilities' have the meanings given the 
     terms in section 3 of the Technology-Related Assistance for 
     Individuals With Disabilities Act of 1988 (29 U.S.C. 2202).
       ``(B) The terms `universal design' and `assistive 
     technology' have the meaning given the term in section 207 of 
     the Rehabilitation Act of 1973.''.

     SEC. 6. MICRO LOANS.

       (a) Territories.--Section 301 of the Technology-Related 
     Assistance for Individuals With Disabilities Act of 1988 (29 
     U.S.C. 2281) is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b) Award Basis.--The Secretary shall award grants to 
     States under this section on the basis of the population of 
     the States.''.
       (b) Mechanisms.--Subsection (d) of section 301 of the 
     Technology-Related Assistance for Individuals With 
     Disabilities Act of 1988 (as redesignated by subsection 
     (a)(1)) is amended to read as follows:
       ``(c) Mechanisms.--
       ``(1) In general.--The alternative financing mechanisms 
     shall include--
       ``(A) an interest buy-down loan program;
       ``(B) a revolving loan fund program; or
       ``(C) a loan guarantee program.
       ``(2) Requirements.--Each program described in paragraph 
     (1) shall--
       ``(A) provide assistance for assistive technology devices, 
     assistive technology services, and universally designed 
     technology products and services; and
       ``(B) maximize consumer participation in all aspects of the 
     program.
       ``(3) Definitions.--
       ``(A) Interest buy-down loan program.--The term `interest 
     buy-down loan program' means a loan program that involves an 
     organization, using the organization's funds, to reduce the 
     interest rate of a loan made by a lending institution to a 
     borrower.
       ``(B) Loan guarantee program.--The term `loan guarantee 
     program' means a loan program that provides loans that are 
     backed by a promise or guarantee that, if there is a default 
     on a loan made under the program, the loan will be paid back.
       ``(C) Revolving loan fund program.--The term `revolving 
     loan fund program' means a loan program in which individuals 
     borrow money from a loan fund, loan repayments are dedicated 
     to the recapitalization of the loan fund, and the repayments 
     are used to make additional loans.''.
       (c) Authorization of Appropriations.--Section 308(a) of the 
     Technology-Related Assistance for Individuals With 
     Disabilities Act of 1988 (29 U.S.C. 2288(a)) is amended by 
     striking ``this title'' and all that follows and inserting 
     ``this title, such sums as may be necessary for each of 
     fiscal years 1999 through 2001.''.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       Section 201(a) of the Rehabilitation Act of 1973 (29 U.S.C. 
     761(a)) is amended to read as follows:
       ``(a) There are authorized to be appropriated--
       ``(1) such sums as may be necessary for each of fiscal 
     years 1999 through 2001, for the purpose of providing for the 
     expenses of the National Institute on Disability and 
     Rehabilitation Research under section 202, which--
       ``(A) shall include the expenses of the Interagency 
     Committee on Disability Research under section 203, the 
     Rehabilitation Research Advisory Council under section 205, 
     and the peer review panels under section 206; and
       ``(B) shall not include the expenses of such Institute to 
     carry out section 204; and
       ``(2)(A) such sums as may be necessary for each of fiscal 
     years 1999 through 2001 to carry out section 204, including 
     providing financial assistance for research and development 
     on assistive technology and universally designed technology 
     at the level of assistance provided for fiscal year 1998; and
       ``(B) $10,000,000 for each of fiscal years 1999 through 
     2001, to provide, under section 204, such financial 
     assistance (in addition to the level of assistance provided 
     for fiscal year 1998).''.
                                  ____


                           Amendment No. 2708

       At the end of the bill add the following:

     SEC. 8. TAX INCENTIVES FOR ASSISTIVE TECHNOLOGY.

       (a) Assistive Technology Development Business Tax Credit.--
       (1) In general.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     business related credits) is amended by adding at the end the 
     following:

     ``SEC. 45D. CREDIT FOR ASSISTIVE TECHNOLOGY.

       ``(a) General Rule.--For purposes of section 38, the 
     assistive technology credit of any taxpayer for any taxable 
     year is an amount equal to so much of the qualified assistive 
     technology expenses paid or incurred by the taxpayer during 
     such year as does not exceed $100,000.
       ``(b) Qualified Assistive Technology Expenses.--For 
     purposes of this section--
       ``(1) In general.--The term `qualified assistive technology 
     expenses' means expenses for the design, development, and 
     fabrication of assistive technology devices.
       ``(2) Assistive technology device.--The term `assistive 
     technology device' means any item, piece of equipment, or 
     product system, including any item acquired commercially off 
     the shelf and modified or customized by the taxpayer, that is 
     used to increase, maintain, or improve functional 
     capabilities of individuals with disabilities.
       ``(3) Individuals with disabilities.--The term `individuals 
     with disabilities'' has the meaning given the term by section 
     3 of the Technology Related Assistance for Individuals with 
     Disabilities Act of 1988 (29 U.S.C. 2202).
       ``(c) No Double Benefit.--Any amount taken into account 
     under section 41 may not be taken into account under this 
     section.
       ``(d) Termination.--This section shall not apply to any 
     amount paid or incurred after December 31, 2003.''.
       (2) Credit treated as business credit.--Section 38(b) of 
     the Internal Revenue Code of 1986 (relating to current year 
     business credit) is amended by striking ``plus'' at the end 
     of paragraph (11), by striking the period at the end of 
     paragraph (12) and inserting ``, plus'', and by adding at the 
     end the following:
       ``(13) the assistive technology credit determined under 
     section 45D(a).''.
       (3) Transitional rule.--Section 39(d) of the Internal 
     Revenue Code of 1986 (relating to transitional rules) is 
     amended by adding at the end the following:
       ``(9) No carryback of section 45D credit before effective 
     date.--No portion of the unused business credit for any 
     taxable year which is attributable to the assistive 
     technology credit determined under section 45D(a) may be 
     carried back to a taxable year ending before January 1, 
     1999.''.
       (4) Clerical amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following:

``Sec. 45D. Credit for assistive technology.''.
       (5) Evaluation of effectiveness of credit.--The Secretary 
     of the Treasury shall evaluate the effectiveness of the 
     assistive technology credit under section 45D of the Internal 
     Revenue Code of 1986, as added by this subsection, and report 
     to the Congress the results of such evaluation not later than 
     January 1, 2003.
       (b) Expansion of Architectural and Transportation Barrier 
     Removal Deduction.--
       (1) In general.--Section 190 of the Internal Revenue Code 
     of 1986 is amended--
       (A) by inserting ``and qualified communications barrier 
     removal expenses'' after ``removal expenses'' in subsections 
     (a)(1),
       (B) by adding at the end of subsection (b) the following:
       ``(4) Qualified communications barrier removal expenses.--
       ``(A) In general.--The term `qualified communications 
     barrier removal expense' means a communications barrier 
     removal expense with respect to which the taxpayer 
     establishes, to the satisfaction of the Secretary, that the 
     resulting removal of any such barrier meets the standards 
     promulgated by the Secretary and set forth in regulations 
     prescribed by the Secretary. Such term shall not include the 
     costs of general communications system upgrades or periodic 
     replacements that do not heighten accessibility as the 
     primary purpose and result of such replacements.
       ``(B) Communications barrier removal expenses.--The term 
     `communications barrier removal expense' means an expenditure 
     for the purpose of identifying and implementing alternative 
     technologies or strategies to remove those features of the 
     physical, information-processing, telecommunications 
     equipment or other technologies that limit the ability of 
     handicap individuals to obtain, process, retrieve, or 
     disseminate information that nonhandicapped individuals in 
     the same or similar setting would ordinarily be expected and 
     be able to obtain, retrieve, manipulate, or disseminate.'', 
     and
       (C) by striking ``and transportation'' in the heading and 
     inserting ``, transportation, and communications''.
       (2) Conforming amendment.--The item relating to section 190 
     in the table of sections for part VI of subchapter B of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     striking ``and transportation'' and inserting ``, 
     transportation, and communications''.
       (c) Expansion of Work Opportunity Credit.--Section 51(c) of 
     the Internal Revenue Code of 1986 (defining wages) is amended 
     by redesignating paragraph (4) as paragraph (5) and by 
     inserting after paragraph (3) the following:
       ``(4) Assistive technology expenses.--

[[Page S6412]]

       ``(A) In general.--The term `wages' includes expenses 
     incurred in the acquisition and use of technology--
       ``(i) to facilitate the employment of any individual, 
     including a vocational rehabilitation referral; or
       ``(ii) to provide a reasonable accommodation for any 
     employee who is a qualified individual with a disability, as 
     such terms are defined in section 101 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12111).
       ``(B) Regulations.--The Secretary shall by regulation 
     provide rules for allocating expenses described in 
     subparagraph (A) among individuals employed by the 
     employer.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1998.
                                  ____



                             Association of Tech Act Projects,

                                    Springfield, IL, June 5, 1998.
     Hon. Christopher S. Bond,
     U.S. Senate, Russell Building, Washington, DC.
       Dear Senator Bond: On behalf of the Association of 
     Technology Act Projects (ATAP), we are writing to express our 
     sincere appreciation for your interest in making new and 
     emerging technologies available to people with disabilities 
     throughout the nation.
       ``The Assistive and Universally Designed Technology 
     Improvement Act for Individuals with Disabilities'', the 
     legislation you are introducing today, would expand federal 
     support for much needed research and development in this 
     field. ATAP looks forward to working closely with you and 
     your staff as this legislation is considered by the Senate 
     Committee on Labor and Human Resources. We believe the 
     projects funded under the Tech Act that have enjoyed federal 
     support, provide a critical linkage among consumers and 
     service providers. ATAP members share your belief in the 
     power of technology to improve the functional capabilities of 
     individuals with disabilities.
       ATAP congratulates you on the introduction of this 
     important legislation and offers our support to your effort 
     to expand the federal investment in assistive technology 
     research and development.
           Sincerely,
                                                  Deborah V. Buck,
                                                    ATAP Co-Chair.
                                                  Lynne Cleveland,
     ATAP Co-Chair.
                                  ____



                                               United Cerebral

                                           Palsy Associations,

                                     Washington, DC, June 8, 1998.
       Dear Senator Bond: On behalf of United Cerebral Palsy 
     Associations and our 151 affiliates, we strongly endorse the 
     Assistive and Universally Designed Technology Improvement Act 
     for Individuals with Disabilities (UCPA) with general 
     reservation around the legislative directive on peer review 
     which was expressed in our June 5 comments. In particular, we 
     applaud your interest in micro tax incentives for assistive 
     technology, and AT research, development, and dissemination.
       UCPA has enjoyed working with your staff through this 
     process. Thank you for the opportunity to comment on the 
     legislation. UCPA believes that this bill will complement the 
     anticipated assistive technology bill expected out of the 
     Senate Labor and Human Resources Committee. UCPA looks 
     forward to working with you and your staff in this effort to 
     bring assistive technology to the forefront.
           Sincerely,
                                                     Peter Keiser,
     Chair, Community Services Committee.
                                  ____

                                     National Easter Seal Society,


                                     Office of Public Affairs,

                                     Washington, DC, June 9, 1998.
     Hon. Christopher S. Bond,
     U.S. Senate, Russell Building,
     Washington, DC
       Dear Senator Bond: On behalf of National Easter Seals, I 
     would like to thank you for the opportunity to review the 
     ``Assistive and Universally Designed Technology Improvement 
     Act for Individuals with Disabilities.'' Your leadership in 
     addressing the serious issue of access to assistive 
     technology for people with disabilities is greatly 
     appreciated and we look forward to working with you on 
     furthering the aims of the bill as it moves through the 
     Senate Labor and Human Resources committee.
       Particularly notable are your efforts to develop a national 
     loan fund to assure that more people with disabilities have 
     access to the technologies they need to reach goals of 
     equality, dignity and independence. There is a growing 
     population of people with disabilities who may not qualify 
     for federal support, but nonetheless need some assistance in 
     purchasing, maintaining and upgrading their assistive 
     technology.
       The proposals in your bill will serve to improve the 
     quality of life for people with disabilities. Your leadership 
     and enthusiasm are greatly appreciated, and Easter Seals 
     looks forward to working with you on this initiative and in 
     the future.
           Sincerely,
                                                  Jennifer Dexter,
                                  Government Relations Specialist.
                                 ______