[Congressional Record Volume 144, Number 141 (Friday, October 9, 1998)]
[House]
[Pages H10276-H10286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ASSISTIVE TECHNOLOGY ACT OF 1998
Mr. GOODLING. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 2432) to support programs of grants to States to
address the assistive technology needs of individuals with
disabilities, and for other purposes, as amended.
The Clerk read as follows:
S. 2432
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 grants for protection and advocacy related to assistive
technology.
Sec. 103. Administrative provisions.
Sec. 104. Technical assistance program.
Sec. 105. 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. President's Committee on Employment of People With
Disabilities.
Sec. 217. 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.
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(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;
[[Page H10278]]
(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) and 102(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) Required 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 104(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;
[[Page H10279]]
(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 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) the enhancement of the assistive technology skills
and competencies of--
(I) individuals who work for public or private entities
(including insurers and managed care providers), who have
contact with individuals with disabilities;
(II) educators and related services personnel;
(III) technology experts (including engineers);
(IV) health and allied health professionals;
(V) employers; and
(VI) other appropriate 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 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 104(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
[[Page H10280]]
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 105(a) and reserved under section 105(b)(1)(A)
for any fiscal year for grants under this section, the
Secretary shall make a grant in an amount of not more than
$105,000 to each eligible outlying area.
(2) Grants to states.--From the funds described in
paragraph (1) that are not used to make grants under
paragraph (1), the Secretary shall make grants to States in
accordance with the requirements described in paragraph (3).
(3) Calculation of state grants.--
(A) 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.
(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 50 percent
of the funding that the State received in the third year of a
second extension grant under section 103 of that Act or under
this section, as appropriate.
(C) Prohibition on funds after fifth year of a second
extension grant.--Except as provided in subsection (f), 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, may not receive
any Federal funds under this title for any fiscal year after
such fiscal year.
(D) 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 102, 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; 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, a description
of the deficiencies of the agency; and
(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
[[Page H10281]]
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) Extension of Funding.--
(1) In the case of a State that is in the fifth year of a
second extension grant in fiscal year 1998 or is in the fifth
year of a second extension grant in any of the fiscal years
2000 through 2004 made under section 103 of the Technology-
Related Assistance for Individuals With Disabilities Act of
1988, or made under this section, as appropriate, the
Secretary may, in the discretion of the Secretary, award a 3-
year extension of the grant 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.
(2) Amount.--A State that receives an extension of a grant
under paragraph (1), shall receive through the grant, for
each of fiscal years of the extension of the grant, an amount
equivalent to the amount the State received for the fifth
year of a second extension grant made under section 103 of
the Technology-Related Assistance for Individuals With
Disabilities Act of 1988, or made under this section, as
appropriate, from funds appropriated under section 105(a) and
reserved under section 105(b)(1)(A) for grants under this
section.
(3) Limitation.--A State may not receive amounts under an
extension of a grant under paragraph (1) after September 30,
2004.
SEC. 102. STATE GRANTS FOR PROTECTION AND ADVOCACY RELATED TO
ASSISTIVE TECHNOLOGY.
(a) Grants to States.--
(1) In general.--On the appropriation of funds under
section 105, 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). The lead agency shall
determine how the funds made available under this section
shall be divided among the entities that were providing
protection and advocacy services in that State on that day,
and distribute the funds to the entities. In distributing the
funds, the lead agency shall not establish any further
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 105(a) and reserved under section 105(b)(1)(A)
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) 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.
(d) Reports and Updates to State Agencies.--An entity that
receives a grant under this section shall prepare and submit
to the lead agency the report described in subsection (c) and
quarterly updates concerning the activities described in
subsection (c).
(e) Coordination.--On making a grant under this section to
an entity in a State, the Secretary shall solicit and
consider the opinions of the lead agency of the State
designated under section 101(d) with respect to efforts at
coordination, collaboration, and promoting outcomes between
the lead agency and the entity that receives the grant under
this section.
SEC. 103. 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 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.
(B) Unnecessary visits.--The Secretary shall not be
required to conduct a visit of a State described in
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.
(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 technical assistance funded
under section 104 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.
[[Page H10282]]
(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.
(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. 104. 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 section 101 or 102.
(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 102.
(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;
(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 103(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
[[Page H10283]]
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. 105. 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 each of fiscal years 2000
through 2004.
(b) Reservations of Funds.--
(1) In general.--Except as provided in paragraphs (2) and
(3), of the amount appropriated under subsection (a) for a
fiscal year--
(A) 87.5 percent of the amount shall be reserved to fund
grants under section 101;
(B) 7.9 percent shall be reserved to fund grants under
section 102; and
(C) 4.6 percent shall be reserved for activities funded
under section 104.
(2) Reservation for continuation of technical assistance
initiatives.--For fiscal year 1999, the Secretary may use
funds reserved under subparagraph (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.
(3) 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 103(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
[[Page H10284]]
(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
consideration 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. 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. 217. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title, and 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, $10,000,000 for fiscal
year 1999, and such sums as may be necessary for fiscal year
2000.
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
[[Page H10285]]
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 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 $10,000,000 for fiscal year 1999 and
such sums as may be necessary for fiscal year 2000.
(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.
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 3 of the Assistive Technology Act of 1998''; and
[[Page H10286]]
(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 3 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''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Goodling) and the gentleman from California (Mr.
Martinez) each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania (Mr. Goodling).
General Leave
Mr. GOODLING. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on S. 2432.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. GOODLING. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 2432 continues the State Grant Program for assistive
technology for individuals with disabilities allowing all 50 States,
the District of Columbia and the U.S. territories to complete their
grant cycle under this Act.
In 1988, the Congress created this program to give States a small
Federal incentive to establish State programs to help people with
disabilities access assistant technology services and devices. Since
that time, all States have established programs that promote the
provision of assistive technology services to individuals with
disabilities.
However, I do not believe that the program should become a long-term
Federal commitment. I believe most States have used this small Federal
investment well, and I believe, once our 10-year commitment is met, the
Federal government should let States provide these services based on
their individual needs.
I know how difficult it is to end Federal assistance once it is
started. That is why, in the last 2 years of Federal assistance, we
require the States to match 25 percent in the ninth year and 50 percent
in the tenth year. By requiring this match, the Federal Government has
sent the signal that assistance will phase out and the Federal
assistance will end.
Mr. Speaker, I reserve the balance of my time.
Mr. MARTINEZ. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am pleased to rise in strong support of the Assistive
Technology Act of 1998. This Act will enable States and the Federal
Government to build upon the work that has been done under the existing
Technology-Related Assistance for Individuals With Disabilities Act of
1998 or the Tech Act.
The Technology Act sunsets this year, and the legislation before the
House today will bring our efforts to ensure access to assistive
technology into the 21st century.
Under this legislation, States will be able to continue the consumer-
responsive programs of technology-related assistance for people with
disabilities that have been developed over the past 10 years.
In addition, this bill will help States establish and strengthen
systems to inform people with disabilities as to what their technology
options are so that they could take advantage of them.
Most importantly, this legislation will establish and expand or loan
programs for people with disabilities or their representatives to
assess or meet their assistive-technology needs.
Without access to assistive technology, many disabled individuals
would be disadvantaged in their ability to successfully compete in
today's society.
Mr. Speaker, this bill has gained widespread support from the
disability community and deserves to be passed by the House today.
Mr. DEAL of Georgia. Mr. Speaker, assistive technology--products
designed to maintain or enhance functional capabilities--enables people
with disabilities to assume greater control over their lives and
contribute more fully to society.
Rapid advancements in technology continue to provide important new
tools to help individuals with disabilities become more independent and
participate in activities related to home, school, work, and community.
While substantial progress has been made in both the development of
new assistive technology devices and in the transfer and adaptation of
existing technologies, information on these devices is difficult to
find and inconsistent.
This lack of information creates barriers to individuals with
disabilities trying to increase their independence and productivity.
The Assistive Technology Act (S. 2432) includes a national, on-line
resource and distance learning center for people with disabilities.
This bill offers an on-line website for people with disabilities to
become aware of assistive technology.
Information provided on the website might include: available devices
and services, comparisons of products, distribution points, training
support options, as well as maintenance and funding options.
Assistive technology is the key that provides access to employment,
education, transportation, and other activities of daily living for
many people with disabilities.
Please join me in providing the opportunity to help individuals with
disabilities become more self-sufficient. I urge you to support the
Assistive Technology Act.
Mr. MARTINEZ. Mr. Speaker, I yield back the balance of my time.
Mr. GOODLING. Mr. Speaker, I have no additional requests for time,
and I yield back the balance of time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Goodling) that the House suspend the
rules and pass the Senate bill, S. 2432, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill, as amended, was
passed.
A motion to reconsider was laid on the table.
____________________