[Congressional Record Volume 144, Number 146 (Wednesday, October 14, 1998)]
[Senate]
[Pages S12502-S12511]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    ASSISTIVE TECHNOLOGY ACT OF 1998

  Mr. THOMAS. Mr. President, I ask the Chair lay before the Senate a 
message from the House of Representatives on the bill (S. 2432) to 
support programs of grants to States to address the assistive 
technology needs of individuals with disabilities, and for other 
purposes.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 2432) entitled 
     ``An Act to support programs of grants to States to address 
     the assistive technology needs of individuals with 
     disabilities, and for other purposes'', do pass with the 
     following amendment:
       Strike out all after the enacting clause and insert:

     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.
       (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.

[[Page S12503]]

       (b) Purposes.--The purposes of this Act are--
       (1) to provide financial assistance to States to undertake 
     activities that assist each State in maintaining and 
     strengthening a permanent comprehensive statewide program of 
     technology-related assistance, for individuals with 
     disabilities of all ages, that is designed to--
       (A) increase the availability of, funding for, access to, 
     and provision of, assistive technology devices and assistive 
     technology services;
       (B) increase the active involvement of individuals with 
     disabilities and their family members, guardians, advocates, 
     and authorized representatives, in the maintenance, 
     improvement, and evaluation of such a program;
       (C) increase the involvement of individuals with 
     disabilities and, if appropriate, their family members, 
     guardians, advocates, and authorized representatives, in 
     decisions related to the provision of assistive technology 
     devices and assistive technology services;
       (D) increase the provision of outreach to underrepresented 
     populations and rural populations, to enable the 2 
     populations to enjoy the benefits of activities carried out 
     under this Act to the same extent as other populations;
       (E) increase and promote coordination among State agencies, 
     between State and local agencies, among local agencies, and 
     between State and local agencies and private entities (such 
     as managed care providers), that are involved or are eligible 
     to be involved in carrying out activities under this Act;
       (F)(i) increase the awareness of laws, regulations, 
     policies, practices, procedures, and organizational 
     structures, that facilitate the availability or provision of 
     assistive technology devices and assistive technology 
     services; and
       (ii) facilitate the change of laws, regulations, policies, 
     practices, procedures, and organizational structures, to 
     obtain increased availability or provision of assistive 
     technology devices and assistive technology services;
       (G) increase the probability that individuals with 
     disabilities of all ages will, to the extent appropriate, be 
     able to secure and maintain possession of assistive 
     technology devices as such individuals make the transition 
     between services offered by human service agencies or between 
     settings of daily living (for example, between home and 
     work);
       (H) enhance the skills and competencies of individuals 
     involved in providing assistive technology devices and 
     assistive technology services;
       (I) increase awareness and knowledge of the benefits of 
     assistive technology devices and assistive technology 
     services among targeted individuals;
       (J) increase the awareness of the needs of individuals with 
     disabilities of all ages for assistive technology devices and 
     for assistive technology services; and
       (K) increase the capacity of public agencies and private 
     entities to provide and pay for assistive technology devices 
     and assistive technology services on a statewide basis for 
     individuals with disabilities of all ages;
       (2) to identify Federal policies that facilitate payment 
     for assistive technology devices and assistive technology 
     services, to identify those Federal policies that impede such 
     payment, and to eliminate inappropriate barriers to such 
     payment; and
       (3) to enhance the ability of the Federal Government to--
       (A) provide States with financial assistance that 
     supports--
       (i) information and public awareness programs relating to 
     the provision of assistive technology devices and assistive 
     technology services;
       (ii) improved interagency and public-private coordination, 
     especially through new and improved policies, that result in 
     increased availability of assistive technology devices and 
     assistive technology services; and
       (iii) technical assistance and training in the provision or 
     use of assistive technology devices and assistive technology 
     services; and
       (B) fund national, regional, State, and local targeted 
     initiatives that promote understanding of and access to 
     assistive technology devices and assistive technology 
     services for targeted individuals.

     SEC. 3. DEFINITIONS AND RULE.

       (a) Definitions.--In this Act:
       (1) Advocacy services.--The term ``advocacy services'', 
     except as used as part of the term ``protection and advocacy 
     services'', means services provided to assist individuals 
     with disabilities and their family members, guardians, 
     advocates, and authorized representatives in accessing 
     assistive technology devices and assistive technology 
     services.
       (2) Assistive technology.--The term ``assistive 
     technology'' means technology designed to be utilized in an 
     assistive technology device or assistive technology service.
       (3) Assistive technology device.--The term ``assistive 
     technology device'' means any item, piece of equipment, or 
     product system, whether acquired commercially, modified, or 
     customized, that is used to increase, maintain, or improve 
     functional capabilities of individuals with disabilities.
       (4) Assistive technology service.--The term ``assistive 
     technology service'' means any service that directly assists 
     an individual with a disability in the selection, 
     acquisition, or use of an assistive technology device. Such 
     term includes--
       (A) the evaluation of the assistive technology needs of an 
     individual with a disability, including a functional 
     evaluation of the impact of the provision of appropriate 
     assistive technology and appropriate services to the 
     individual in the customary environment of the individual;
       (B) services consisting of purchasing, leasing, or 
     otherwise providing for the acquisition of assistive 
     technology devices by individuals with disabilities;
       (C) services consisting of selecting, designing, fitting, 
     customizing, adapting, applying, maintaining, repairing, or 
     replacing assistive technology devices;
       (D) coordination and use of necessary therapies, 
     interventions, or services with assistive technology devices, 
     such as therapies, interventions, or services associated with 
     education and rehabilitation plans and programs;
       (E) training or technical assistance for an individual with 
     disabilities, or, where appropriate, the family members, 
     guardians, advocates, or authorized representatives of such 
     an individual; and
       (F) training or technical assistance for professionals 
     (including individuals providing education and rehabilitation 
     services), employers, or other individuals who provide 
     services to, employ, or are otherwise substantially involved 
     in the major life functions of individuals with disabilities.
       (5) Capacity building and advocacy activities.--The term 
     ``capacity building and advocacy activities'' means efforts 
     that--
       (A) result in laws, regulations, policies, practices, 
     procedures, or organizational structures that promote 
     consumer-responsive programs or entities; and
       (B) facilitate and increase access to, provision of, and 
     funding for, assistive technology devices and assistive 
     technology services,

     in order to empower individuals with disabilities to achieve 
     greater independence, productivity, and integration and 
     inclusion within the community and the workforce.
       (6) Comprehensive statewide program of technology-related 
     assistance.--The term ``comprehensive statewide program of 
     technology-related assistance'' means a consumer-responsive 
     program of technology-related assistance for individuals with 
     disabilities, implemented by a State, and equally available 
     to all individuals with disabilities residing in the State, 
     regardless of their type of disability, age, income level, or 
     location of residence in the State, or the type of assistive 
     technology device or assistive technology service required.
       (7) Consumer-responsive.--The term ``consumer-
     responsive''--
       (A) with regard to policies, means that the policies are 
     consistent with the principles of--
       (i) respect for individual dignity, personal 
     responsibility, self-determination, and pursuit of meaningful 
     careers, based on informed choice, of individuals with 
     disabilities;
       (ii) respect for the privacy, rights, and equal access 
     (including the use of accessible formats) of such 
     individuals;
       (iii) inclusion, integration, and full participation of 
     such individuals in society;
       (iv) support for the involvement in decisions of a family 
     member, a guardian, an advocate, or an authorized 
     representative, if an individual with a disability requests, 
     desires, or needs such involvement; and
       (v) support for individual and systems advocacy and 
     community involvement; and
       (B) with respect to an entity, program, or activity, means 
     that the entity, program, or activity--
       (i) is easily accessible to, and usable by, individuals 
     with disabilities and, when appropriate, their family 
     members, guardians, advocates, or authorized representatives;
       (ii) responds to the needs of individuals with disabilities 
     in a timely and appropriate manner; and
       (iii) facilitates the full and meaningful participation of 
     individuals with disabilities (including individuals from 
     underrepresented populations and rural populations) and their 
     family members, guardians, advocates, and authorized 
     representatives, in--

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

       (8) Disability.--The term ``disability'' means a condition 
     of an individual that is considered to be a disability or 
     handicap for the purposes of any Federal law other than this 
     Act or for the purposes of the law of the State in which the 
     individual resides.
       (9) Individual with a disability; individuals with 
     disabilities.--
       (A) Individual with a disability.--The term ``individual 
     with a disability'' means any individual of any age, race, or 
     ethnicity--
       (i) who has a disability; and
       (ii) who is or would be enabled by an assistive technology 
     device or an assistive technology service to minimize 
     deterioration in functioning, to maintain a level of 
     functioning, or to achieve a greater level of functioning in 
     any major life activity.
       (B) Individuals with disabilities.--The term ``individuals 
     with disabilities'' means more than 1 individual with a 
     disability.
       (10) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 1201(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1141(a)), and includes a community college 
     receiving funding under the Tribally Controlled Community 
     College Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
       (11) Protection and advocacy services.--The term 
     ``protection and advocacy services'' means services that--
       (A) are described in part C of the Developmental 
     Disabilities Assistance and Bill of Rights Act (42 U.S.C. 
     6041 et seq.), the Protection and Advocacy for Mentally Ill 
     Individuals Act of 1986 (42 U.S.C. 10801 et seq.), or section 
     509 of the Rehabilitation Act of 1973; and
       (B) assist individuals with disabilities with respect to 
     assistive technology devices and assistive technology 
     services.

[[Page S12504]]

       (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;

       (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;

[[Page S12505]]

       (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 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:

[[Page S12506]]

       (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 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.--In the case of a State that was 
     in the fifth year of a second extension grant in fiscal year 
     1998 or is in the fifth year of a second extention grant in 
     any of the fiscal years 1999 through 2004 made under section 
     103 of the Technology-Related Assistance for Individuals With 
     Disabilitie Act of 1988, or made under this section, as 
     appropriate, the Secretary may, in the discretion of the 
     Secretary, award a 3-year extention of the grant to such 
     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.

[[Page S12507]]

       (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.
       (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;

[[Page S12508]]

       (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 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

[[Page S12509]]

     grants to small businesses to enable such businesses--
       (1) to work with any entity funded by the Secretary to 
     evaluate and disseminate information on the effects of 
     technology transfer on the lives of individuals with 
     disabilities;
       (2) to benefit from the experience and expertise of such 
     entities, in conducting such evaluation and dissemination; 
     and
       (3) to utilize any technology transfer and market research 
     services such entities provide, to bring new assistive 
     technology devices and assistive technology services into 
     commerce.

     SEC. 212. TECHNOLOGY TRANSFER AND UNIVERSAL DESIGN.

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

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

       The Secretary may make grants to commercial or other 
     enterprises and institutions of higher education for the 
     research and development of universal design concepts for 
     products (including information technology) and the built 
     environment. In making such grants, the Secretary shall give 
     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 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.

[[Page S12510]]

       (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
       (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''.

[[Page S12511]]

       (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''.

  Mr. THOMAS. Mr. President, I ask unanimous consent that the Senate 
agree to the amendment of the House.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________